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HomeMy WebLinkAboutItem 4b. 1304 Foothill Boulevard and 190 Crandall Way (USE-0333-2025) Re-review of an existing Conditional Use Permit for a fraternity PLANNING COMMISSION AGENDA REPORT SUBJECT: 1304 FOOTHILL BOULEVARD AND 190 CRANDALL WAY (USE-0333- 2025). RE-REVIEW OF AN EXISTING CONDITIONAL USE PERMIT FOR A FRATERNITY. THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW. PROJECT ADDRESSES: 1304 Foothill Boulevard and 190 Crandall Way FILE NUMBER: USE-0333-2025 BY: Mallory Patino, Assistant Planner Phone Number: (805) 783-7704 Email: mpatino@slocity.org APPLICANT: Sigma Nu FROM: Tyler Corey, Deputy Director REPRESENTATIVE: Charlie Minor, Fraternity Eminent Commander 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 Sigma Nu High Density Residential (HDR) High-Density Residential (R-4) Approximately 0.26 acre Categorically exempt from environmental review under CEQA Guidelines Section 15301 (Existing Facilities) SUMMARY On May 14, 1990, Sigma Nu (Applicant) obtained approval of a Use Permit to allow their fraternity at 1304 Foothill Boulevard. Annual re-reviews of the Use Permit were conducted in each of the two subsequent years, on May 8, 1991 and October 19, 1992, which Meeting Date: 5/28/2025 Item Number: 4b Time Estimate: 45 minutes Figure 1 – Project Site Page 45 of 90 Item 4b USE-0333-2025 Planning Commission Report – May 28, 2025 resulted in revised conditions after each re-review. The Applicant has resided and utilized the property for fraternity activities since the initial approval of, and subsequent modifications to, this Use Permit. Due to recent noise violations, the Communi ty Development Director (Director) is referring the existing Conditional Use Permit to the Planning Commission for a re-review. Re-review of the Conditional Use Permit may result in (a) added, modified, and/or removed conditions of approval to allow contin uation 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. 1.0 PROJECT BACKGROUND 1.1 Prior Conditional Use Permit Review and Approval On May 14, 1990, the Planning Commission approved the Use Permit, U1484, to allow the fraternity (Sigma Nu) at 1304 Foothill Boulevard (Attachment B – PC Resolution No. 5017-90). Approval of this Use Permit included a limited fraternity with routine activities confined to the residence addressed 1304 Foothill, with other units on the property only for residential use1, and did not allow onsite special events as those were proposed to be held off-site (e.g., Cal Poly campus and various halls or venues such as the Monday Club and Embassy Suites) at the time. This approval included a condition for a re -review following the first year of activities (Condition No. 13 of PC Resolution No. 5017 -90). On May 8, 1991, the Planning Commission reviewed the Use Permit after the fraternity’s first year of activities and approved its continuation, subject to revised conditions (Attachment C – PC Resolution No. 5055-91). Approval of this modification to the Use Permit included revised conditions that (a) increase the number of people in routine gatherings from 16 to 19; (b) allow specific small-scale events with a maximum of 38 attendees; and (c) require a re-review following the second year of activities (Conditions No. 3, 11, and 13, respectively, of PC Resolution No. 5055-91). On October 14, 1992, the Planning Commission reviewed the Use Permit after the fraternity’s second year of activities and approved its continuation, subject to revised conditions (Attachment D – PC Resolution No. 5111-92). Approval of this modification to the Use Permit included the elimination of conditions related to (a) signage parameters to allow minor changes and (b) subsequent annual reviews because of demonstrated good behavior in the initial two (2) years (Condition No. 6 and 13, respectively, of PC Resolution No. 5055-91). The Use Permit authorizes re-review by the Planning Commission on an as-needed basis if staff receive complaints from the public or from the Police or Fire departments (Condition No. 4 of PC Resolution No. 5055-91). Since the initial approval of, and subsequent modifications to, this Use Permit, the Applicant has used the project site as a fraternity residence and for their fraternity activities. 1 The original Use Permit limits the location of fraternity activities (e.g., gatherings and meetings) to the residence addressed 1304 Foothill Boulevard, but notes that the rest of the apartment units addressed 190 Crandall Way Units 1-5 on the property are leased to fraternity members for residential purposes. As such, fraternity members are housed throughout all units on the property. Page 46 of 90 Item 4b USE-0333-2025 Planning Commission Report – May 28, 2025 1.2 Prior General Plan Amendment and Rezone Review and Approval On October 7, 2008, the City Council adopted Ordinance No. 1521 (2008 Series), which included a General Plan Amendment and Rezone (GP/R 200 -07) to change the land use designation and zone of several properties along Crandall Way and Foothill Boulevard, including the project site, from Medium-High Residential (MHDR, R-3) to High Density Residential (HDR, R-4). This was part of a larger amendment/rezoning effort in tended to increase density potential and facilitate group housing uses (e.g., student housing projects, fraternities and sororities, etc.) in proximity to Cal Poly campus. The amendment/rezoning would support viable redevelopment of properties consistent with policies in the Land Use Element and Housing Element to provide housing that attracts and locates faculty and students closer to campus and reduce commute travel. 1.3 History of Recent Violations and Code Enforcement Actions Use Permit Violations Police Department Actions Records indicate that the Police Department has issued four (4) citations for noise violations during the current Cal Poly academic calendar (September 2025 to present). Code Enforcement Actions On January 8, 2025, Code Enforcement issued a Notice to Correct Code Violation(s) / Notice of Violation (i.e., courtesy warning) due to multiple, confirmed administrative citations, noise violations, and Use Permit violations (Attachment E – Notice to Correct Code Violation(s), dated January 8, 2025). Code Enforcement subsequently issued an Administrative Citation (in follow up to the previous notice) for violations of the Use Permit on April 2, 2025 (Attachment F – Administrative Citation, dated April 2, 2025). After issuing the Notice of Violation and Administrative Citation, 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. 1.4 Planning Commission’s Purview The multiple confirmed administrative citations, noise violations, and police calls associated with the fraternity have resulted in violations of Condition No. 8 of the Use Permit, U1484, which is as follows: 8. Failure to comply with any of the above conditions or code requirements, or the conduct of the use so as to constitute a public nuisance or so as to cause adverse impacts on the health, safety, or welfare of persons in the vicinity of this use, is prohibited and may constitute grounds for revocation of this permit. In accordance with Condition No. 4, the Director is referring the Use Permit for a re-review by the Planning Commission as detailed below: Page 47 of 90 Item 4b USE-0333-2025 Planning Commission Report – May 28, 2025 4. If a reasonable complaint is received in writing by the Community Development Department, a. The complaint shall be forwarded to the Interfraternity Council and the Planning Commission within one week of receipt for review and comment. The names of the people filing the complaint shall not be included without their consent. Copies of all correspondence will be sent to the Dean of Students and the fraternity. b. The complaint, and the comments from the Interfraternity Council if received, shall be forwarded by the Planning Division to the Planning Commission for consideration at the commission’s next available meeting. 1.5 Changes to the Municipal Code Since the original approval of, and subsequent modifications to, Use Permit, U1484, in 1990-1992, 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, as well as generally-applicable code requirements that directly address concerns regarding noise, public disturbances, and other disorderly conduct, as summarized below. 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 for meetings and gatherings, require affiliation and good standing with the university, and establish a responsible contact for the fraternity. Page 48 of 90 Item 4b USE-0333-2025 Planning Commission Report – May 28, 2025 Title 9 (Public Peace, Morals, and Welfare) Updates Since 1992, 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 and conduct in the City, and the key chapters that often 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 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-0333-2025, application. 2.1 Consistency with the General Plan and 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 preceded by a 24-hour notice to the residents. Page 49 of 90 Item 4b USE-0333-2025 Planning Commission Report – May 28, 2025 The project site contains three (3) residential structures (two apartment structures and one single-family structure) with a combined total of approximately 5,077 square feet and 12 bedrooms. The fraternity shall be limited to a maximum of 19 residents (approximately 267 square feet per resident), consistent with the prior Use Permit approval, because it is anticipated that most of the 12 bedrooms would be shared between two (2) residents while some may be used by single 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). This revision would replace Condition No. 1 of the old Use Permit.  Routine Gatherings – The maximum number of persons allowed on site for routine meetings and gatherings shall not exceed the limit establish ed 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. 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 1304 Foothill Blvd / 190 Crandall Way is approximately 0.26-acre in size, which results in an average of 14.3 people for the property. The maximum number of people for routine meetings and gatherings for this fraternity shall be limited to 21 people (rounded down from 21.45 = 14.3 people x 1.5) (Condition No. 4). This proposed condition includes a slight increase of two (2) people from the 19 people allowed for routine gatherings under the original approval of Use Permit, U1484 (Condition No. 3 of Resolution No. 5111-92), 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 revoked (Condition No. 5). Page 50 of 90 Item 4b USE-0333-2025 Planning Commission Report – May 28, 2025  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). 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 19 residents and 12 bedrooms, the fraternity would be required to provide 18 onsite spaces (i.e., the greater calculation based on bedroom count) under the current parking requirement. While approval of the original Use Permit required 14 spaces (Condition No. 2 of Resolution No. 5111 -92), this requirement was satisfied through a combination of 12 car spaces (i.e., 10 surface spaces and two [2] garage spaces) and 10 bicycle spaces, which in total equated to 14 spaces2. 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 and maintain a nonconforming number of parking spaces (Condition No. 8). This new condition has been revised to clearly indicate the minim um 12 required car spaces, which is consistent with the number of spaces available onsite. Additional information related to the nonconforming number of parking spaces is provided in the following discussion on proposed conditions. To facilitate the use of active transportation and address potential impacts on street parking by the fraternity, a minimum of 19 bicycle parking spaces (one bicycle space per bed), consistent with current requirements for 19 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 5 to 19 for the site. 2 At the time of the original approval and subsequent modifications, the parking requirements did not clearly distinguish between car and bicycle spaces. While 14 parking spaces were required for the fraternity, this requirement was satisfied through a combination of car and bicycle spaces. In the case of this fraternity, 12 car spaces and 10 bicycle spaces (five [5] bicycle spaces to equal one [1] car space and stored in the garage) were provided based on capacity of the site. Page 51 of 90 Item 4b USE-0333-2025 Planning Commission Report – May 28, 2025 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. 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 Condition No. 4 of the original Use Permit, U1484.  Condition No. 4 limits routine meetings and gatherings to 21 people. Any event that includes more than 21 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. 3, 11, and 12 of the original Use Permit, U1484. While the original Use Permit confined fraternity activities to the residence at 1304 Foothill3 because of a parking concern, the proposed Condition No. 4 does not limit routine meetings or gatherings to a specific unit onsite. Typically, a Conditional Use Permit review would consider the overall use and its associated activities in relation to the entirety of the project site and immediate vicinity. In the case of this fraternity, the members are housed throughout all units on the property, and the allowable number of members is regulated by the Use Permit as a standard condition in fraternity reviews. Therefore, the scope of the Conditional Use Permit should encompass the entirety of the site and include units addressed 190 Crandall Way, Units 1 - 5 (instead of only 1304 Foothill) to avoid future confusion. There would be no practical or productive purpose in regulating where routine gatherings, which are intended to be controlled and small-scale, can occur on a site that 3 In previous reviews of the original Use Permit, there were concerns regarding the nonconforming number of parking spaces on the site. Despite all existing units being legally created, the property contains a limited number of spaces and would not satisfy parking requirements if the fraternity use was approved for the entire site at the time. Even though fraternity members live in all units and the allowable number of members throughout the property is regulated by this Use Permit, fraternity activities were confined to the residence at 1304 Foothill as a fraternity house (which had a higher parking requirement) and the other units at 190 Crandall were acknowledged as multifamily residences (which had a lower parking requirement) to meet the parking requirements. For practical purposes, the fraternity utilizes the entire site as both a place of residence and activities, and should be recognized as such in this re-review. Aside from an increase to the number of bicycle spaces per Condition No. 9, there are no changes to the existing 12 parking spaces. Page 52 of 90 Item 4b USE-0333-2025 Planning Commission Report – May 28, 2025 houses fraternity members throughout. Any concerns related to potential impacts from these gatherings (i.e., noise, unruly behavior, and other public disturbances) would be directly addressed through the recommended Use Permit conditions and Municipal Code requirements. In addition, proposed Condition No. 4 does not attempt to identify acceptable types of special events (e.g., parent or alumni barbeques) or establish additional limitations for attendees of special events (e.g., maximum of 38 people), as detailed in Condition No. 11 of the old Use Permit. As proposed, this revised condition requires that any event involving more than 21 people would require additional review to appropriately evaluate and address potential impacts of each re quest.  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. o Note – This condition would directly address noise concerns and replace Condition No. 5 of the original Use Permit, U1484. 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 gove rnment 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 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 Conditions No. 7 and 12 of the original Use Permit, U1484.  Condition No. 12 states that amplified noise-generating activities are prohibited. o Note – This condition would replace Condition No. 10 of the original Use Permit, U1484.  Conditions No. 4, 11, and 12 clarify that any requested exceptions from the Noise Ordinance will not be approved by the Director. o Note – This condition would address concerns related to Condition No. 10 of the original Use Permit, U1484. 2.3 Other 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. Page 53 of 90 Item 4b USE-0333-2025 Planning Commission Report – May 28, 2025 Other Conditions with Proposed Updated Language Requirements detailed in Condition No. 8 of the original Use Permit, U1484, related to grounds for revocation have been further refined and incorporated with updated language as Condition No. 13 in the re-review. Conditions Proposed for Removal Staff is not recommending that any conditions of the original approval be removed, except as discussed above in this report. 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-0333-2025) B. PC Resolution No. 5017-90 (Approval of the Original Use Permit, U1484) C. PC Resolution No. 5055-91 (Review Following First Year) D. PC Resolution No. 5111-92 (Review Following Second Year) E. Notice to Correct Code Violation(s), dated January 8, 2025 F. Administrative Citation, dated April 2, 2025 Page 54 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 THE FRATERNITY AT 1304 FOOTHILL BOULEVARD AND 190 CRANDALL WAY. 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-0333-2025) 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 May 14, 1990, for the review of a Use Permit to allow a fraternity at 1304 Foothill Boulevard (Resolution No. 5017-90 1990 Series); 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 8, 1991, to review a previously approved Use Permit allowing a fraternity at 1304 Foothill Boulevard, pursuant to a proceeding instituted under U1484; Sigma Nu, applicant (Resolution No. 5055-91 (1991 Series); 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 October 14, 1992, to re-review a previously approved and amended Use Permit allowing a fraternity at 1304 Foothill Boulevard, pursuant to a proceeding instituted under U1484; Sigma Nu, applicant (Resolution No. 5111-92 (1992 Series); and WHEREAS, the City received complaints, and the Police Department issued four 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 and Administrative Citation in January and April 2025, respectively, 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 1304 Foothill Boulevard and 190 Crandall Way, pursuant to a proceeding instituted under USE-0333-2025; Sigma Nu, applicant; and WHEREAS, at said hearing, the Planning Commission of the City of San Luis Obispo considered all evidence, including documented noise violations, testimony of the applicant and general public and evaluation, and recommendations by staff ; and Page 55 of 90 Resolution No. PC-XXXX-25 Page 2 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 -0333-2025), based on the following revised findings: 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 parking configuration would provide 12 required spaces, consistent with the nonconforming parking space capacity of the project site per Section 17.72.060 (Nonconforming Parking). 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. 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 56 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 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 -0333-2025), 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, 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 57 of 90 Resolution No. PC-XXXX-25 Page 4 4. Routine meetings and gatherings for the fraternity shall be limited to a maximum of 21 people (rounded down from 21.45 = 14.3 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 21 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. The presence of more than 21 people at the property without a valid special eve nt approval 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 University, 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. 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 12 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 19 bicycle spaces (based on one bed 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. 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. Page 58 of 90 Resolution No. PC-XXXX-25 Page 5 12. 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 Director as part of the special event. 13. Failure to comply with any of the above conditions or code requirements, or the conduct of the use so as to constitute a violation of Federal, State, or local law, or so as to constitute a public nuisance or so as to cause adverse impacts on the health, safety, or welfare of persons in the vicin ity of this use is prohibited and considered a violation of this Conditional Use Permit and may constitute grounds for the revocation of this permit. Effect of Resolution This Resolution repeals and replaces Resolution No. 5017-90 1990 Series), Resolution No. 5055-91 (1991 Series), and Resolution No. 5111-92 (1992 Series). The Conditional Use Permit to allow the continuation of a fraternity at 1304 Foothill Blvd. and 190 Crandall Way 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 against the City and/or its agents, officers, or employees to attack, set aside, void or annul, the approval by the City of this project, and all actions relating thereto, including but not limited to environmental review (“Indemnified Claims”). The City shall promptly notify the applicant of any Indemnified Claim upon being presented with the Indemnified Claim and the City shall fully cooperate in the defense against an Indemnified Claim. On motion by 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 59 of 90 Page 60 of 90 Page 61 of 90 Page 62 of 90 Page 63 of 90 Page 64 of 90 Page 65 of 90 Page 66 of 90 Page 67 of 90 Page 68 of 90 Page 69 of 90 Page 70 of 90 Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) January 8, 2025 Wright Thomas E Tre Etal, Inactive wright Decedents Trust (TR 1) 1149 Huntington Dr South Pasadena, CA 91030 SUBJECT ADDRESS: 1304 Foothill Blvd San Luis Obispo, CA 93405 APN: 052-81-011 Code Case #: CODE-000002-2025 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 and five of the use permit associated with the property indicate that : “4. If a reasonable complaint is received in writing by the community Development Department, a. The complaint shall be forwarded to the interfraternity Council and the Planning Commission within one week of receipt for review and comment. The names of the people filing the complaint shall not be included without their consent. Copies of all correspondence will be sent to the Dean of Students and the fraternity. b. The complaint, and the comments from the Interfraternity Council if received, shall be forwarded by the Planning Division to the Planning Commission for consideration at the commission’s next available meeting. 5. No meetings or other gatherings involving persons other than fraternity members living on this site are allowed between the hours of 10 p.m. and 9 a.m.” There are multiple confirmed administrative citations, noise violations, and police contacts. 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, Page 71 of 90 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) no later than 2/17/2024. 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 72 of 90 01/07/25 San Luis Obispo Police Department 919 14:17 NSPY Clearance Data Page: 1 NSPY OFF/LOC/CLEARANCE: Incident address When reported Responsible off Cle Offe ------------------------- ------------------- --------------- --- ---- 1304 FOOTHILL; SIGMA NU; 22:38:51 12/07/2024 Brewer, D CIT NSPY 1304 FOOTHILL; SIGMA NU; 22:47:31 11/01/2024 Johnson, G NV NSPY 1304 FOOTHILL; SIGMA NU; 21:52:43 11/01/2024 Cutler, B CIT NSPY 1304 FOOTHILL; SIGMA NU; 22:54:54 10/26/2024 Church, C NV NSPY 1304 FOOTHILL; SIGMA NU; 19:22:43 10/14/2024 Etherton, B NR DCON 1304 FOOTHILL; SIGMA NU; 15:24:21 05/11/2024 Bravo, D CIT NSPY 1304 FOOTHILL; SIGMA NU; 21:59:19 04/03/2024 Mangskau, N NV NSPY 1304 FOOTHILL; SIGMA NU; 22:26:52 02/01/2024 Jarvis, A CIT NSPY 1304 FOOTHILL; SIGMA NU; 15:56:31 01/10/2024 Johanson, T NR SUSP = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = Page 73 of 90 Page 74 of 90 Page 75 of 90 Page 76 of 90 Page 77 of 90 Page 78 of 90 Details: On 05/11/2023, at 15.30 hours, I responded to 1304 E Foothill Blvd in San Luis Obispo for a report of a noise violation from an alleged party. I arrived on scene and parked approximately 200 feet from 1304 E Foothill Blvd. I activated my camera and in- car video and approached the residence. Based on the noise ordinance stipulations, the loud music, screaming and yelling could be heard from about 200 feet away. I could also see alcohol violations, and numerous individuals coming and going from the location. Based on that information and the fact the noise was excessive, I contacted a responsible person for the party. SUB/ Ryan Anthony SAVARESE stated he was the individual responsible and was identified by his CDL. I explained that there was a noise violation, and the noise was in violation of the SLMC 9.12.050A. I issued a citation based on the violation. Savarese was cooperative and stated he understood and stated his intentions were not to cause any issues. SAVARESE stated he understood the citation, which he signed. I provided him with a copy of the citation. Body Camera # 47 Ofcr Ybarra #108574 Page 79 of 90 Page 80 of 90 Page 81 of 90 Page 82 of 90 Declaration of Service and Posting of Notice SUBJECT ADDRESS: 1304 Foothill Blvd, San Luis Obispo, CA 93405 CASE NO.: 000002-2025 Citation No.: 00038933 Officer: Rami Salem 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 02 day of 04, 2024, San Luis Obispo, California Officer or clerk effecting service by mail: Rami Salem Rami Salem 01:17 PM 04/02/2025 (Print Name) (Signature) (Time/date) Officer effecting service by posting: Rami Salem Rami Salem 01:17 PM 04/02/2025 (Print Name) (Signature) (Time/date) Page 83 of 90 Citation No.:00038933 ADMINISTRATIVE CITATION AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUNICIPAL CODE 1st Citation 2nd Citation 3rd Citation Additional / Daily Fines LOCATION OF VIOLATION: 1304 Foothill Blvd San Luis Obispo,CA 93405 APN:052-081-011 DATE OF VIOLATION: 01/08/2025 NAME: Wright Thomas E Tre Etal, Inative Wright Decedants Trust (TR 1) ADDRESS: 1149 Huntington Dr South Pasadena, CA 91030 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 “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.” $50 Amount Due $50 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. Page 84 of 90 [Type text] Mail Appeals to: City of San Luis Obispo, City Clerk 990 Palm Street, San Luis Obispo, CA 93401 Issued By: Rami Salem Signature: Rami Salem Title: Code Enforcement Officer RELATED CE CASE: CODE-000002-2025 DATE CITATION ISSUED: 04/01/2025 Page 85 of 90 INVOICE (00038933) FOR CITY OF SAN LUIS OBISPO BILLING CONTACT INACTIVE WRIGHT DECEDENTS TRUST (TR 1) WRIGHT THOMAS E TRE ETAL SOUTH PASADENA, CA 91030 INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION 00038933 04/01/2025 05/01/2025 NONEDue REFERENCE NUMBER FEE NAME TOTAL CODE-000002-2025 NSS 1st Admin Citation $50.00 $50.00 SUBTOTAL1304 Foothill Blvd San Luis Obispo, CA 93405 TOTAL $50.00 REMITTANCE INFORMATION Report Text Library: Municipality_Invoice_Remit_To Address Line 2 Address Line 3 Address Line 4 *00038933* City of San Luis ObispoApril 01, 2025 Page 1 of 1Page 86 of 90 Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) January 8, 2025 Wright Thomas E Tre Etal, Inactive wright Decedents Trust (TR 1) 1149 Huntington Dr South Pasadena, CA 91030 SUBJECT ADDRESS: 1304 Foothill Blvd San Luis Obispo, CA 93405 APN: 052-81-011 Code Case #: CODE-000002-2025 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 and five of the use permit associated with the property indicate that: “4. If a reasonable complaint is received in writing by the community Development Department, a. The complaint shall be forwarded to the interfraternity Council and the Planning Commission within one week of receipt for review and comment. The names of the people filing the complaint shall not be included without their consent. Copies of all correspondence will be sent to the Dean of Students and the fraternity. b. The complaint, and the comments from the Interfraternity Council if received, shall be forwarded by the Planning Division to the Planning Commission for consideration at the commission’s next available meeting. 5. No meetings or other gatherings involving persons other than fraternity members living on this site are allowed between the hours of 10 p.m. and 9 a.m.” There are multiple confirmed administrative citations, noise violations, and police contacts between 1/10/2024 and 12/07/2024. 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. Page 87 of 90 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 88 of 90 Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) January 8, 2025 1304 Foothill Blvd San Luis Obispo, CA 93405 SUBJECT ADDRESS: 1304 Foothill Blvd San Luis Obispo, CA 93405 APN: 052-81-011 Code Case #: CODE-000002-2025 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 and five of the use permit associated with the property indicate that: “4. If a reasonable complaint is received in writing by the community Development Department, a. The complaint shall be forwarded to the interfraternity Council and the Planning Commission within one week of receipt for review and comment. The names of the people filing the complaint shall not be included without their consent. Copies of all correspondence will be sent to the Dean of Students and the fraternity. b. The complaint, and the comments from the Interfraternity Council if received, shall be forwarded by the Planning Division to the Planning Commission for consideration at the commission’s next available meeting. 5. No meetings or other gatherings involving persons other than fraternity members living on this site are allowed between the hours of 10 p.m. and 9 a.m.” There are multiple confirmed administrative citations, noise violations, and police contacts between 1/10/2024 and 12/07/2024. 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. Page 89 of 90 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 90 of 90 1 Fraternity Conditional Use Permit Re-review USE-0333-2025 (1304 Foothill Blvd and 190 Crandall Way) 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 multifamily and single- family structures with 12 bedrooms and various site improvements •Corner lot with access from California Boulevard and Crandall Way •In proximity to other fraternities and multi-family residences; Cal Poly SLO campus less than 200 feet north of property 4 Fraternity Background Original Use Permit (U1484)Approval in 1990, reviewed and modified in 1991 and 1992 Sigma Nu at 1304 Foothill Boulevard •Limits fraternity activities to residence at 1304 Foothill but evaluated entire site for residential capacity Limits residents and routine gatherings to a maximum of 19 people Specifies event types and limited capacity for those events to maximum of 38 people 5 Fraternity Background History of Use Permit Violations 4 Police Dept. citations issued this current academic year (Sept 2024 –now) 3 noise violations, 1 unruly gathering violation Code Enforcement issued a Notice of Violation on January 8, 2025, and an Administrative Citation on April 2, 2025 6 Scope of Re-review Conditional Use Permit (USE-0333-2025) Re-review Condition No. 4 of U1484 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 7 Municipal Code Changes (since 1992) 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) 8 Municipal Code Changes (since 1992) 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 9 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 21 people; approval of special event permit required for events with more than 21 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 10 Recommended Revisions Revised Conditions with Updated Language Condition No. 8 of U1484 related to grounds for revocation was refined and incorporated with updated language as Conditions No. 13 Removed Conditions No conditions of U1484 are recommended to be removed, only revised or reorganized as discussed already 11 Recommendation Adopt the Draft Resolution to modify the Conditional Use Permit, based on updated findings and subject to revised conditions of approval.