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HomeMy WebLinkAbout06-25-2025 PC Agenda Packet Planning Commission AGENDA Wednesday, June 25, 2025, 6:00 p.m. Council Chambers, 990 Palm Street, San Luis Obispo Planning Commission meetings can be viewed remotely on Channel 20, the City’s YouTube Channel, and on the City’s website under the Public Meeting Agendas web page. Attendees of City Council or Advisory Body meetings are eligible to receive one hour of complimentary parking; restrictions apply, visit Parking for Public Meetings for more details. INSTRUCTIONS FOR PUBLIC COMMENT: Public Comment prior to the meeting (must be received 3 hours in advance of the meeting): Mail - Delivered by the U.S. Postal Service. Address letters to the City Clerk's Office at 990 Palm Street, San Luis Obispo, California, 93401. Email - Submit Public Comments via email to advisorybodies@slocity.org. In the body of your email, please include the date of the meeting and the item number (if applicable). Emails will not be read aloud during the meeting. Voicemail - Call (805) 781-7164 and leave a voicemail. Please state and spell your name, the agenda item number you are calling about, and leave your comment. Verbal comments must be limited to 3 minutes. Voicemails will not be played during the meeting. *All correspondence will be archived and distributed to members, however, submissions received after the deadline may not be processed until the following day. Public Comment during the meeting: Meetings are held in-person. To provide public comment during the meeting, you must be present at the meeting location. Electronic Visual Aid Presentation. To conform with the City's Network Access and Use Policy, Chapter 1.3.8 of the Council Policies & Procedures Manual, members of the public who desire to utilize electronic visual aids to supplement their oral presentation must provide display-ready material to the City Clerk by 12:00 p.m. on the day of the meeting. Contact the City Clerk's Office at cityclerk@slocity.org or (805) 781-7114. Pages 1.CALL TO ORDER Chair Houghton will call the Regular Meeting of the Planning Commission to order. 2.PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA At this time, people may address the Commission about items not on the agenda. Comments are limited to three minutes per person. Items raised at this time are generally referred to staff and, if action by the Commission is necessary, may be scheduled for a future meeting. 3.CONSENT Matters appearing on the Consent Calendar are expected to be non- controversial and will be acted upon at one time. A member of the public may request the Planning Commission to pull an item for discussion. The public may comment on any and all items on the Consent Agenda within the three-minute time limit. 3.a CONSIDERATION OF MINUTES - JUNE 11, 2025 PLANNING COMMISSION MINUTES 5 Recommendation: To approve the Planning Commission Minutes of June 11, 2025. 4.PUBLIC HEARINGS Note: Any court challenge to the action taken on public hearing items on this agenda may be limited to considering only those issues raised at the public hearing or in written correspondence delivered to the City of San Luis Obispo at, or prior to, the public hearing. If you wish to speak, please give your name and address for the record. Please limit your comments to three minutes; consultant and project presentations limited to six minutes. 4.a 720 FOOTHILL BOULEVARD (USE-0334-2025) RE-REVIEW OF AN EXISTING CONDITIONAL USE PERMITFOR A FRATERNITY. THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW. 9 Recommendation: Review the existing Conditional Use Permit, U 36-09, for consistency with the General Plan, Zoning Regulations, and other policy documents and either 1) modify the Use Permit with revised Findings and Conditions of Approval, or 2) revoke the Use Permit. The project is categorically exempt from environmental review under Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. 4.b REVIEW OF A PLANNED DEVELOPMENT AMENDMENT TO REVOKE THE PLANNED DEVELOPMENT OVERLAY, RELATED TO A DEVELOPMENT PROJECT PROPOSED AT 1144 CHORRO STREET, FOR SEVEN (7) PROPERTIES. 53 The review of this item is continued to the next Planning Commission Meeting on July 9, 2025. This continuation is intended to correct a public noticing deficiency and comply with requirements in Government Code Section 65854 for an amendment to a Zoning Ordinance which affects the permitted uses of real property. 5.COMMENT AND DISCUSSION 5.a STAFF UPDATES AND AGENDA FORECAST Receive a brief update from Deputy Community Development Director Tyler Corey. 6.ADJOURNMENT The next Regular Meeting of the Planning Commission is scheduled for July 9, 2025 at 6:00 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. LISTENING ASSISTIVE DEVICES for the hearing impaired--see the Clerk The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7114 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7410. Planning Commission meetings are televised live on Charter Channel 20 and on the City's YouTube Channel: www.youtube.com/CityofSanLuisObispo. Agenda related writings or documents provided to the Planning Commission are available for public inspection on the City’s website: https://www.slocity.org/government/mayor-and-city-council/agendas-and- minutes. 1 Planning Commission Minutes June 11, 2025, 6:00 p.m. Council Chambers, 990 Palm Street, San Luis Obispo Planning Commissioners Present: Commissioner Sheryl Flores, Commissioner Steve Kahn, Commissioner Juan Munoz-Morris, Vice Chair Eric Tolle, Chair Dave Houghton Planning Commissioners Absent: Commissioner Bob Jorgensen and Commissioner Justin Cooley City Staff Present: Deputy City Attorney Sadie Symens, Principal Planner Rachel Cohen, City Clerk Teresa Purrington _____________________________________________________________________ 1. CALL TO ORDER A Regular Meeting of the San Luis Obispo Planning Commission was called to order on June 11, 2025 at 6:00 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo, by Chair Houghton. 2. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA Public Comment: Kathy Walker --End of Public Comment-- 3. CONSENT Public Comment: Item 3b Garrett Heger Chris Green Mike Holiday Kathie Walker Item 3b and 3c --End of Public Comment-- Motion By Commissioner Munoz-Morris Second By Commissioner Flores Page 5 of 53 2 To approve Consent Items 3a to 3c. Ayes (5): Commissioner Flores, Commissioner Kahn, Commissioner Munoz- Morris, Vice Chair Tolle, and Chair Houghton Absent (2): Commissioner Cooley, and Commissioner Jorgensen CARRIED (5 to 0) 3.a CONSIDERATION OF MINUTES - MAY 28, 2025 PLANNING COMMISSION MINUTES To approve the Planning Commission Minutes of May 28, 2025. 3.b ADOPT RESOLUTION OF REVOCATION OF CONDITIONAL USE PERMIT FOR A FRATERNITY USE AT 1236 MONTE VISTA PLACE 3.c ADOPT RESOLUTION OF REVOCATION OF CONDITIONAL USE PERMIT FOR A FRATERNITY USE AT 1304 FOOTHILL BOULEVARD 4. PUBLIC HEARINGS 4.a 1425 SYDNEY STREET (APPL-0248-2025) REVIEW OF AN APPEAL OF THE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR TO APPROVE FENCE HEIGHT EXCEPTION APPLICATION FNCE-0686- 2024 Commissioner(s) Flores and Kahn, Vice Chair Tolle, and Chair Houghton noted their Ex Parte Communications regarding the project. Commissioner(s) Munoz-Morris reported having no Ex Parte Communications. Assistant Planner Walter Oetzell presented the staff report and responded to Commission inquiries. Allison Brandum, Appellant, provided a brief overview Lacey Minnick, Applicant, provided a brief overview of the project and responded to questions raised. Chair Houghton opened the Public Hearing Public Comment: None --End of Public Comment-- Chair Houghton closed the Public Hearing Page 6 of 53 3 Motion By Vice Chair Tolle Second By Commissioner Flores To adopt the Draft Resolution denying the appeal and upholding the decision of the Community Development Director approving the Fence Height Exception application FNCE-0686-2024. Ayes (5): Commissioner Flores, Commissioner Kahn, Commissioner Munoz-Morris, Vice Chair Tolle, and Chair Houghton Absent (2): Commissioner Cooley, and Commissioner Jorgensen CARRIED (5 to 0) 4.b REVIEW THE ESTABLISHMENT OF A SCHOOL AND DAYCARE AT 3450 BROAD STREET. THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW (ARCH-0672-2024, PDEV-0673-2024, USE-0674-2024, TREE- 0033-2025) All Commissioners reported having no Ex Parte Communications. Associate Planner Hannah Hanh presented the staff report and responded to Commission inquiries. Applicant representative, Tim Ronda, SDG Architects, and Bryan Ridley, Bracket Architecture provided a brief overview of the project and responded to questions raised. Chair Houghton opened the Public Hearing Public Comment: Ezra Marrow Stephanie Ridley --End of Public Comment-- Chair Houghton closed the Public Hearing Motion By Vice Chair Tolle Second By Commissioner Kahn To adopt the Draft Resolution, based on the findings and subject to the conditions, to approve the project, which consists of four (4) accompanying applications and includes two (2) requests: 1. Approve the Moderate Development Review (ARCH-0672-2024) to allow the proposed building, site, and sign improvements; Page 7 of 53 4 2. Approve the Planned Development Amendment (PDEV-0673-2024) to allow the proposed change in use at the project site; 3. Approve the Conditional Use Permit (USE-0674-2024) to allow establishment and operation of the proposed school and daycare with reduced outdoor recreational area; 4. Approve the Tree Removal Application (TREE-0033-2025) to allow the proposed removal of 20 existing trees; 5. Approve the creek setback exception to allow installation of mechanical equipment within portions of the creek setback area; and 6. Allow the proposed fencing within the Open Space Easement area. Ayes (5): Commissioner Flores, Commissioner Kahn, Commissioner Munoz-Morris, Vice Chair Tolle, and Chair Houghton Absent (2): Commissioner Cooley and Commissioner Jorgensen CARRIED (5 to 0) 5. COMMENT AND DISCUSSION 5.a STAFF UPDATES AND AGENDA FORECAST Principal Planner Rachel Cohen provided the following update of upcoming projects on the June 25th Planning Commission meeting:  Re-review of an existing Conditional Use Permit for a fraternity for 720 Foothill (Delta Upsilon)  Review of a Planned Development Amendment to revoke the Planned Development Overlay, related to a development project proposed at 1144 Chorro Street, for seven (7) properties (postponed to a date TBD). 6. ADJOURNMENT The meeting was adjourned at 7:59 p.m. The next Regular Meeting of the Planning Commission is scheduled for June 25, 2025 at 6:00 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. APPROVED BY PLANNING COMMISSION: XX/XX/202X Page 8 of 53 PLANNING COMMISSION AGENDA REPORT SUBJECT: RE-REVIEW OF AN EXISTING CONDITIONAL USE PERMIT (USE-0334- 2025) FOR A FRATERNITY. THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW. PROJECT ADDRESS: 720 Foothill Blvd. BY: Mallory Patino, Assistant Planner Phone Number: (805) 783-7704 FILE NUMBER: USE-0334-2025 Email: mpatino@slocity.org APPLICANT: Delta Upsilon FROM: Tyler Corey, Deputy Director REPRESENTATIVE: Terry Reeves, Alumni Corporation President RECOMMENDATION Review the existing Conditional Use Permit, U 36-09, for consistency with the General Plan, Zoning Regulations, and other policy documents and either 1) modify the Use Permit with revised Findings and Conditions of Approval, or 2) revoke the Use Permit . 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 Upsilon High Density Residential (HDR) High-Density Residential (R-4) Approximately 0.28 acre Categorically exempt from environmental review under CEQA Guidelines Section 15301 (Existing Facilities) Figure 1 – Project Site Meeting Date: 6/25/2025 Item Number: 4a Time Estimate: 45 minutes Page 9 of 53 Item 4a USE-0334-2025 Planning Commission Report – June 25, 2025 SUMMARY On April 10, 1991, the Planning Commission approved a Use Permit (U 1515) to allow a fraternity (Delta Upsilon) at the multifamily apartment complex at 720 and 726 Foothill Blvd. Since the approval of this Use Permit, Delta Upsilon has continued the use as a fraternity organization under U 1515 and subsequent modifications. In 2009, the fraternity proposed redevelopment of the site, and the use permit was modified and approved as U 36-09 on June 24, 2009. U 36-09 superseded U 1515 and has been the governing use permit since its approval. Redevelopment of the site was completed in 2016, and Delta Upsilon has resided at 720 Foothill continuously since construction completion. 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 wi th 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 April 10, 1991, the Planning Commission approved a Use Permit (U 1515) to allow the fraternity (Delta Upsilon) at the multifamily apartment complex located at 720 and 726 Foothill (Attachment C – PC Resolution No. 5054-91 (Approval of the Original Use Permit, U 1515)). Approval of this Use Permit allowed two multifamily structures comprising of six bedrooms to be used by the fraternity. The Use Permit limited residents to a maximum of eight (8) people, and routine meetings or gatherings to a maximum of 15 people. Subsequently, in 1991, 1992, 1993, 1994, 1996, and 1997, multipl e annual reviews for the continued use as a fraternity, as well as reviews and appeals relating to use of a storage area as bedrooms or as a recreation room, led to minor modifications of U 1515. In 2009, the property owner / fraternity proposed redevelopment of the site, consisting of demolishing the two existing residential structures and site improvements, and constructing a new, multi-story fraternity building and associated parking. On June 24, 2009, the Planning Commission approved a modification to the use permit, processed as a new application, U 36-09, which allowed use of the proposed new development as a fraternity for Delta Upsilon (Attachment D – PC Resolution No. 5527-09 (Modification of Use Permit, U 36-09)). Approval of U 36-09 superseded all previous use permit and modification approvals. U 36-09 limited residents to a maximum of 14 people, and routine meetings and gatherings to a maximum of 21 people. The project site has been used as a residence for fraternity activities since the approval of U 1515 in 1991, and through site redevelopment and approval of U 36-09 until present day. Page 10 of 53 Item 4a USE-0334-2025 Planning Commission Report – June 25, 2025 1.2 History of Active Violations and Code Enforcement Actions Police Department Actions Records indicate that the Police Department has issued five (5) citatio ns for noise violations during the current Cal Poly academic calendar (September 2024 to present). Of these five,  One (1) citation, issued on February 7, 2025, was successfully appealed. The citation was dismissed by Hearing Officer Alex Karlin based on a lack of plainly audible noise on the body camera footage of the issuing Officer at 50 feet from the property line; and  One (1) citation, issued on February 27, 2025, was noted by the responding Police Officer to have more people at the site than the maxim um allowed for a gathering (21 people maximum are allowed for a gathering per Condition No. 8 of U 36 -09). Code Enforcement Actions On January 29, 2025, Code Enforcement issued a Notice to Correct Code Violation(s) / Notice of Violation (i.e., courtesy warning) due to multiple noise violations, police contacts, and administrative citations, constituting Use Permit violations (Attachment E – Notice to Correct Code Violation(s) for 720 Foothill, Dated 1-29-2025). Code Enforcement subsequently issued two Administrative Citations, assessing fines in follow up to the previous January notice, on February 14 and March 19, 2025 (Attachment F – Administrative Citations for 720 Foothill, Dated 2-14-2025 and 3-19-2025) for violations of the Use Permit related to the noise violations issued by the Police Department. After issuing the Notice of Violation and Administrative Citations, staff coordinated with the property owner and current fraternity members over the subsequent several months to discuss these issues, including notifying the fraternity of the referral for re-review by the Planning Commission. 1.3 Planning Commission’s Purview The multiple confirmed noise violations, police calls, and administrative citations associated with the fraternity have resulted in violations of Conditions No. 9 and 14 of use permit U 36-09, which are as follows: 9. No meetings, parties, or other types of similar activities that would violate City Noise Ordinances or other City regulations are allowed; or that would exceed the maximum 21 persons provisions noted in the above condition may take place between the hours of 10 p.m. and 9 a.m., except as approved by the Community Development Director. 14. Failure to comply with any of the abo ve conditions or code requirements, or the conduct of the use so as to constitute a violation of Federal, State, or local law, or so as to constitute a public nuisance or so as to cause adverse impacts on the health, safety, or welfare of persons in the vicinity of this use is prohibited and may constitute grounds for revocation of this permit. Page 11 of 53 Item 4a USE-0334-2025 Planning Commission Report – June 25, 2025 In accordance with Condition No. 13 of U 36 -09, the Director is referring the Use Permit to the Planning Commission as detailed below: 13. The 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. 1.4 Changes to the Municipal Code Since the approval of Use Permit U 36-09, in 2009, 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 (Uses Allowed by Zone) within Section 17.10.020 of the Municipal Code, 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) Standard Conditions for Fraternities Standard conditions for fraternities and sororities, outlined in Section 17.86.130(A) (Fraternities and Sororities – Applicability), were established as part of the comprehensive update to Title 17 (Zoning Regulations) in 2018. These standard conditions limit the number of permitted residents, regulate the number of attendees for meetings and gatherings, require affiliation and good standing with the university, and establish a responsible contact for the fraternity. Title 9 (Public Peace, Morals, and Welfare) Updates Since 2009, there have been incremental improvements as codified changes to Title 9 (Public Peace, Morals, and Welfare) that directly address concerns regarding noise, public disturbances, and other disorderly conduct, regardless of a Use Permit approval. These code requirements apply to all uses in the City, and the key chapters that apply to fraternity activities are identified below:  Chapter 9.12 (Noise Control) o Ordinance adopted in 1985, latest revision in 2010 Page 12 of 53 Item 4a USE-0334-2025 Planning Commission Report – June 25, 2025  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 The Planning Commission’s role is to consider the above -discussed violations and changes to the Municipal Code to determine what modifications, if any, to t he Use Permit conditions are necessary for the Planning Commission to make the required findings for continued use of the property as a fraternity, or if they cannot make the required findings, to revoke the permit. Staff has prepared information for both potential determinations: modification or revocation of the Conditional Use Permit. The re -review and any subsequent changes to the Use Permit or conditions of approval are documented as part of an updated application, USE-0334-2025. 2.1 Modification of the Conditional Use Permit If the Planning Commission determines the fraternity may continue, subject to a modified Use Permit, the Planning Commission may adopt updated findings and impose revised conditions based on updated language for consistency with m ore recent approvals and to identify the necessary corrective actions based on current violations (Attachment A – Draft PC Resolution - Modification (USE-0334-2025)). Zoning Regulations 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 a multi-family apartment structure with a total of approximately 7,200 square feet and 12 bedrooms. The fraternity shall be limited to a maximum of 14 residents (approximately 514 square fe et per resident), consistent with the prior Use Permit approval (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, which takes into consideration the number of residents, areas inside buildings, and number of parking spaces available in the vicinity. Page 13 of 53 Item 4a USE-0334-2025 Planning Commission Report – June 25, 2025 Per Table 4 (Residential Population Assumptions) of the Land Use Element, the High Density Residential land use designation, has an average population density of 55 people per acre. The project site is approximately 0.27 -acre in size, which results in an average of 14.9 people for the property. The maximum number of people for routine meetings and gatherings for this fraternity shall be limited to 22 people (rounded down from 22.35 = 14.9 people x 1.5) (Condition No. 4). This proposed condition includes a slight increase of one (1) person from the 21 people allowed under U 36-09 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 (Condition No. 5).  Contact Information – The landlord or occupants 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 (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 1 space per 1.5 occupants or 1.5 spaces per bedroom, whichever is greater. With a total of 12 bedrooms, the fraternity would be required to provide 18 spaces (i.e., the greater calculation based on bedroom count) under the current parking requirement. Approval of U 36-09 required parking spaces consistent with the intended use and as approved by the Architecture Review Committee. Final approved building plans show the parking requirement of 18 total parking spaces was satisfied through a combination of 17 car spaces and 12 bicycle spaces (used in lieu of 1 car space). Since there is no additional development (i.e., new construction or addition) or change in use proposed as part of this re-review, the fraternity use may continue to maintain the previously approved number of parking spaces (Condition No. 8). This condition has been revised to clearly indicate the minimum 17 required car spaces, which is consistent with the number of spaces available onsite. To facilitate the use of active transportation and address potential impacts on street parking by the fraternity, a minimum of 14 bicycle parking spaces (one bicycle space per bed), consistent with current requirements for 14 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 12 to 14 for the site. Page 14 of 53 Item 4a USE-0334-2025 Planning Commission Report – June 25, 2025 Conditions to Address Noise and Large Gatherings Based on recent noise violations, the following new conditions, which are consistent with language in conditions of more recent approvals, address concerns related to noise and large gatherings:  Condition No. 2 establishes clear thresholds for re-reviews should future violations occur and would replace procedures for handling complaints and re -reviews identified in Condition No. 13 of U 36-09. Condition No. 2 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.  Condition No. 4 limits routine meetings and gatherings to 22 people to address concerns related to large gatherings and replace Conditions No. 8, 9, and 12 of U 36-09. Any event that includes more than 22 people is considered a special event and will require a separate, follow-up application for more detailed review.  Condition No. 10 requires regular compliance with a lower exterior noise limit during an extended range of hours, between 10:00 p.m. and 9:00 a.m. (instead of 10:00 p.m. to 7:00 a.m. as required by the Municipal Code). This condition would update the language and replace Condition No. 9 of U 36 -09. 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.  Condition No. 11 requires the fraternity to establish and maintain ongoing communication with its neighbors. This condition would address concerns related to neighborhood relations and replace Condition No. 11 of U 36-09.  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. Removed Conditions Conditions No. 2, 3, 4, and 6 of U 36-09 pertain to property improvements that were proposed as a part of redevelopment of the site (e.g., ARC approvals, permitting signage, etc.) and have been satisfied as part of the initial review. Therefore, these conditions have been removed 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 15 of 53 Item 4a USE-0334-2025 Planning Commission Report – June 25, 2025 2.2 Revocation of the Conditional Use Permit If the Planning Commission cannot make one or more of the required findings for continued use of the property as a fraternity, the Planning Commission may revoke the permit (Attachment B – Draft PC Resolution - Revocation (USE-0334-2025). Per Municipal Code Section 17.102.020(C)(7) (Revocation of Conditional Use Permits), the Planning Commission may revoke an existing Conditional Use Permit if they cannot make one or more findings of Municipal Code Section 17.110 (Minor Use Permits and Conditional Use Permits). For ease of reference, the required findings to grant a Conditional Use Permit, per Municipal Code Section 17.110.070(A), are as follows: 1. The proposed use is consistent with the general plan and any applicable specific plan; 2. The proposed use is allowed or conditionally allowed within the applicable zone and complies with all other applicable provisions of these zoning regulations and the municipal code; 3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity; 4. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use; 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.). 5. The establishment and subsequent operation or conduct of the use 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. The additional required findings to approve a Conditional Use Permit for a fraternity or sorority, per Municipal Code Section 17.86.130(B), are as follows: 1. 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, res trict activities, provide adequate parking, and limit potential disturbances to neighboring properties. The project will be compatible with site constraints and the character of the neighborhood. 2. The proposed project is consistent with General Plan Land Use Policy 2.6.5 and Housing Element Policy 8.6 to locate student housing projects, fraternities, and sororities in close proximity to the Cal Poly campus and other student -oriented uses and housing. Page 16 of 53 Item 4a USE-0334-2025 Planning Commission Report – June 25, 2025 3. As conditioned, the proposed use is consistent with the zo ning regulations because the number of residents is consistent with the group housing maximum occupancy limits and the parking configuration is consistent with neighboring properties and results in an adequate number of parking spaces for residents. 3.0 ENVIRONMENTAL REVIEW Modification of the Conditional Use Permit is exempt from environmental review under Section 15301 (Existing Facilities) of the CEQA Guidelines because it involves 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 pro ject involves no expansion of the existing residential use. Revocation of the Conditional Use Permit is exempt from environmental review under Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the revocation of the Conditional Use Permit may have a significant effect on the environment. Additionally, CEQA does not apply to projects which a public agency rejects or disapproves. (CEQA Guidelines Section 15270.) 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. 5.0 ATTACHMENTS 1. Draft PC Resolution - Modification (USE-0334-2025) 2. Draft PC Resolution - Revocation (USE-0334-2025) 3. PC Resolution No. 5054-91 (Approval of the Original Use Permit, U 1515) 4. PC Resolution No. 5527-09 (Modification of Use Permit, U 36-09) 5. Notice to Correct Code Violation(s) for 720 Foothill, Dated 1 -29-25 6. Administrative Citations for 720 Foothill, dated 2-14-25 and 3-19-25 Page 17 of 53 Page 18 of 53 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 720 FOOTHILL BOULEVARD. THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER SECTION 15301 (EXISTING FACILITIES) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED JUNE 25, 2025 (USE-0334-2025) 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 April 10, 1991, for the review of a Use Permit to allow a fraternity at 720 and 726 Foothill Boulevard, pursuant to a proceeding instituted under U 1515; Delta Upsilon, applicant; 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 June 24, 2009, to modify a previously approved Use Permit allowing a fraternity at 720 Foothill Boulevard, pursuant to a proceeding instituted under U 36-09; Delta Upsilon, applicant; 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, June 2025) and Code Enforcement issued a Notice of Violation and Administrative Citations in January, February, and March 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 June 25, 2025, for the re-review of a Conditional Use Permit to allow the continuation of the fraternity at 720 Foothill Boulevard, pursuant to a proceeding instituted under USE-0334-2025; Delta Upsilon, applicant; 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 -0334-2025), based on the following revised findings: Page 19 of 53 Resolution No. PC-XXXX-25 Page 2 Conditional Use Permit – Fraternity Use 1. The project is consistent with the General Plan because the proposed fraternity is an allowable use as dense group housing in the High Density Residential (HDR) land use designation. In addition, the project would facilitate Land Use Element Policy 2.6.5 and Housing Element Policy 8.6 by locating a fraternity in proximity to the Cal Poly SLO campus and other student-oriented uses and housing. 2. The proposed fraternity is conditionally allowed within the High-Density Residential (R-4) zone. As conditioned, the project complies with applicable provisions of the Zoning Regulations because (a) the maximum number of 14 residents complies with the group housing maximum occupancy limits, (b) the parking configuration would provide 17 required car spaces, consistent with the previously approved plans for the project site, and (c) the required 14 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 (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 1-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 20 of 53 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 -0334-2025), 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 June 25, 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 14 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 21 of 53 Resolution No. PC-XXXX-25 Page 4 4. Routine meetings and gatherings for the fraternity shall be limited to a maximum of 22 people (rounded down from 22.35 = 14.9 people x 1.5), except as otherwise approved by the Community Development Director for special events. If th e fraternity hosts special events involving more than 22 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 22 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 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 Develo pment 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. 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 17 car 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 June 25, 2025, the fraternity shall install two additional bicycle parking spaces, for a minimum of 14 bicycle spaces total (one for each resident) and contact the City for a follow-up inspection to verify that all required bicycle spaces have be en 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 22 of 53 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 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 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. Effect of Resolution This Resolution repeals and replaces Resolution No. 5527-09 (2009 Series) and Use Permit U36-09. The Conditional Use Permit to allow the continuation of a fraternity at 720 Foothill Boulevard is subject to the revised conditions stated in this Resolution. Page 23 of 53 Resolution No. PC-XXXX-25 Page 6 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 25th day of June 2025. ___________________ Tyler Corey, Secretary Planning Commission Page 24 of 53 RESOLUTION NO. PC-XXXX-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN LUIS OBISPO REVOKING THE CONDITIONAL USE PERMIT FOR A FRATERNITY AT 720 FOOTHILL BOULEVARD. THE ACTION IS EXEMPT FROM ENVIRONMENTAL REVIEW. WHEREAS, on April 10, 1991, the Planning Commission of the City of San Luis Obispo approved a Use Permit to allow a fraternity (Delta Upsilon) at 720 and 726 Foothill Boulevard (Resolution No. 5054-91 (1991 Series)); and WHEREAS, on June 24, 2009, the Planning Commission of the City of San Luis Obispo revised a Use Permit to allow a fraternity (Delta Upsilon) at 720 Foothill Boulevard (Resolution No. 5527-09 (2009 Series)); and WHEREAS, the City received complaints, and, between September 2024 and June 2025, the Police Department issued five citations relating to noise violations at the property (one was successfully appealed); and WHEREAS, Code Enforcement issued a Notice of Violation on January 29, 2025, and Administrative Citations on February 14 and March 19, 2025, relating to the multiple, verified violations of the existing Use Permit; and WHEREAS, in order to grant a conditional use permit, the Planning Commission must find, among other things, that the establishment and subsequent operation or conduct of the use 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 (SLOMC 17.110.070(A)(5)); and WHEREAS, revocation of an existing Conditional Use Permit is appropriate if the Planning Commission cannot make one or more findings of San Luis Obispo Municipal Code Chapter 17.110 upon review of the permit due to violations thereof (SLOMC 17.102.020); and WHEREAS, Condition No. 13 of Use Permit U 36-09 requires Planning Commission re-review if complaints are received by the City, at which time the Planning Commission could add, delete, or modify conditions of approval, or revoke the 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 June 25, 2025, for the re-review of the Conditional Use Permit and to consider the continuation of the fraternity at 720 Foothill Boulevard, pursuant to a proceeding instituted under USE-0334- 2025, Delta Upsilon, applicant; and Page 25 of 53 Resolution No. PC-XXXX-25 Page 2 WHEREAS, notice of said public hearing was provided at the time and in the manner required by, including publication on June 12, 2025, in the New Times newspaper of a legal ad for the public hearing; and WHEREAS, at said hearing, the Planning Commission of the City of San Luis Obispo considered all evidence, including testimony of the applicant, public comment, and recommendations by staff. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: SECTION 1. Findings. The Recitals stated above are incorporated herein as Findings of the Planning Commission. In revoking the Conditional Use Permit pursuant to Municipal Code Section17.102.020(C)(7), and without prejudice, the Planning Commission additionally finds: 1. The current use is not consistent with Fraternity regulations of Municipal Code Section 17.86.130 because: a. The fraternity has been repeatedly cited for violations of the City’s Noise Ordinance. b. Since September 2024, the Police have issued five (5) citations for noise violations at the property, one of which was successfully appealed. A couple of these citations occurred after the property was served with a Notice of Violation of the Conditional Use Permit on January 29, 2025, which provided notice of the recommendation to review the use permit to the Deputy Director of Community Development. c. The maximum number of people on site exceeded the limit established by the Conditional Use Permit (21 people), as noted by the Police Officer that issued a citation for a noise violation on February 27, 2025. d. The fraternity has failed to apply for special event permits or parking and transportation plans as required by their Conditional Use Permit, despite hosting an event on February 27, 2025, which exceeded the routine gathering capacity limits of the Permit. 2. For the reasons stated above, the design, location, size, and operating characteristics of the current use is not compatible with residential uses in the vicinity. The Planning Commission was not satisfied that any se t of conditions would secure these purposes. Therefore, the required finding in Municipal Code Section17.110.070(A)(3) cannot be made. Page 26 of 53 Resolution No. PC-XXXX-25 Page 3 3. For the reasons stated above, the continued use of the property as a fraternity under the Conditional Use Permit is not appropriate for the subject location, is incompatible with the neighborhood, and will be detrimental to the health, safety, and welfare of persons living or working at the site or in the vicinity. The Planning Commission was not satisfied that any set of conditions would secure these purposes. Therefore, the required finding in Municipal Code Section 17.110.070(A)(5) cannot be made. SECTION 2. Environmental Review. The project is exempt from environmental review under Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the revocation of the Conditional Use Permit may have a significant effect on the environment. Additionally, CEQA does not apply to projects which a public agency rejects or disapproves. (CEQA Guidelines Section 15270.) SECTION 3. Action. The Planning Commission hereby REVOKES the Conditional Use Permit U 36-09, previously issued to 720 Foothill Boulevard for use as a fraternity, based on the Findings stated above. Use as a fraternity shall cease immediately upon execution of this Resolution. Any subsequent application to establish a subsequent Conditional Use Permit for a fraternity at the location shall be subject to all requirements of the Municipal Code, including but not limited to Section 17.86.130 and Chapter 17.110. 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 25th day of June 2025. ___________________ Tyler Corey, Secretary Planning Commission Page 27 of 53 Page 28 of 53 Page 29 of 53 Page 30 of 53 Page 31 of 53 Page 32 of 53 Page 33 of 53 Page 34 of 53 Page 35 of 53 Page 36 of 53 Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) January 29, 2025 Cesar Ayon Alpha Upsilon Alumni Corp A CA Corp P O BOX 42 Gonzales, CA 93926 SUBJECT ADDRESS: 720 Foothill Blvd San Luis Obispo, CA 93405 APN: 052-041-064 Code Case #: CODE-000024-2025 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 nine and twelve of the use permit associated with the property indicate that: “9. No meetings, parties, or other types of similar activities that would violate City Noise Ordinances or other City regulations are allowed; or that would exceed the maximum 21 persons provisions noted in the above condition may take place between the hours of 10 pm and 9 am, except as approved by the Community Development Director. 12. 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 2/01/2024 and 01/03/2025. 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. Page 37 of 53 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 38 of 53 Declaration of Service and Posting of Notice SUBJECT ADDRESS: 720 Foothill Blvd, San Luis Obispo, CA 9345 CASE NO.: 000024-2025 Citation No.: 00038463 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 XX day of XX, 2024, San Luis Obispo, California Officer or clerk effecting service by mail: Rami Salem Rami Salem 01:17 PM 02/14/2025 (Print Name) (Signature) (Time/date) Officer effecting service by posting: Rami Salem Rami Salem 01:17 PM 02/14/2025 (Print Name) (Signature) (Time/date) Page 39 of 53 Citation No.:00038463 ADMINISTRATIVE CITATION AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUNICIPAL CODE 1st Citation 2nd Citation 3rd Citation Additional / Daily Fines LOCATION OF VIOLATION: 720 Foothill Blvd San Luis Obispo,CA 93405 APN:052-041-064 DATE OF VIOLATION: 01/29/2025 NAME: Cesar Ayon – Alpha Upsilon Alumni Corp A CA Corp ADDRESS: P O Box 42 Gonzales, CA 93926 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 40 of 53 [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-000024-2025 DATE CITATION ISSUED: 02/14/2025 Page 41 of 53 INVOICE (00038463) FOR CITY OF SAN LUIS OBISPO BILLING CONTACT CESAR AYON ALPHA UPSILON ALUMNI CORP A CA CORP GONZALES, CA 93926 INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION 00038463 02/14/2025 03/16/2025 NONEDue REFERENCE NUMBER FEE NAME TOTAL CODE-000024-2025 NSS 1st Admin Citation $50.00 $50.00 SUBTOTAL720 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 *00038463* City of San Luis ObispoFebruary 14, 2025 Page 1 of 1Page 42 of 53 Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) January 29, 2025 720 Foothill Blvd San Luis Obispo, CA 93405 SUBJECT ADDRESS: 720 Foothill Blvd San Luis Obispo, CA 93405 APN: 052-041-064 Code Case #: CODE-000024-2025 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 nine and twelve of the use permit associated with the property indicate that: “9. No meetings, parties, or other types of similar activities that would violate City Noise Ordinances or other City regulations are allowed; or that would exceed the maximum 21 persons provisions noted in the above condition may take place between the hours of 10 pm and 9 am, except as approved by the Community Development Director. 12. 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 2/01/2024 and 01/03/2025. 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 Page 43 of 53 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 44 of 53 Declaration of Service and Posting of Notice SUBJECT ADDRESS: 720 Foothill Blvd, San Luis Obispo, CA 9345 CASE NO.: 000024-2025 Citation No.: 00038774 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 19th day of 03, 2024, San Luis Obispo, California Officer or clerk effecting service by mail: Rami Salem Rami Salem 08:45 AM 03/19/2025 (Print Name) (Signature) (Time/date) Officer effecting service by posting: Rami Salem Rami Salem 010:00 AM 02/14/2025 (Print Name) (Signature) (Time/date) Page 45 of 53 Citation No.: 00038774 ADMINISTRATIVE CITATION AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUNICIPAL CODE 1st Citation 2nd Citation 3rd Citation Additional / Daily Fines ADDRESS OF VIOLATION: 720 Foothill Blvd San Luis Obispo,CA 93405 APN:052-041-064 DATE OF VIOLATION: 01/29/2025 NAME: Cesar Ayon – Alpha Upsilon Alumni Corp A CA Corp ADDRESS: P O Box 42 Gonzales, CA 93926 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: 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.” $100 Amount Due $100 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 Page 46 of 53 [Type text] You may file an APPEAL of this Administrative Citation by submitting a request in writing to the Hearing Administrator within ten days of the date this Administrative Citation is issued as shown below. Each responsible party is individually required to file an appeal. FAILURE TO FILE AN APPEAL WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. Please see the attached Appeal Form for more information. Mail Appeals to: City of San Luis Obispo, City Clerk 990 Palm Street, San Luis Obispo, CA 93401 Issued By: Rami Salem Signature: Rami Salem Title: Code Enforcement Officer RELATED CE CASE: CODE-000024-2025 DATE CITATION ISSUED: 03/19/2025 Page 47 of 53 INVOICE (00038774) FOR CITY OF SAN LUIS OBISPO BILLING CONTACT CESAR AYON ALPHA UPSILON ALUMNI CORP A CA CORP GONZALES, CA 93926 INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION 00038774 03/19/2025 04/18/2025 NONEDue REFERENCE NUMBER FEE NAME TOTAL CODE-000024-2025 NSS 2nd Admin Citation $100.00 $100.00 SUBTOTAL720 Foothill Blvd San Luis Obispo, CA 93405 TOTAL $100.00 REMITTANCE INFORMATION Report Text Library: Municipality_Invoice_Remit_To Address Line 2 Address Line 3 Address Line 4 *00038774* City of San Luis ObispoMarch 19, 2025 Page 1 of 1Page 48 of 53 Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) January 29, 2025 Cesar Ayon Alpha Upsilon Alumni Corp A CA Corp P O BOX 42 Gonzales, CA 93926 SUBJECT ADDRESS: 720 Foothill Blvd San Luis Obispo, CA 93405 APN: 052-041-064 Code Case #: CODE-000024-2025 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 nine and twelve of the use permit associated with the property indicate that: “9. No meetings, parties, or other types of similar activities that would violate City Noise Ordinances or other City regulations are allowed; or that would exceed the maximum 21 persons provisions noted in the above condition may take place between the hours of 10 pm and 9 am, except as approved by the Community Development Director. 12. 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 2/01/2024 and 01/03/2025. 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. Page 49 of 53 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 50 of 53 Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) January 29, 2025 720 Foothill Blvd San Luis Obispo, CA 93405 SUBJECT ADDRESS: 720 Foothill Blvd San Luis Obispo, CA 93405 APN: 052-041-064 Code Case #: CODE-000024-2025 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 nine and twelve of the use permit associated with the property indicate that: “9. No meetings, parties, or other types of similar activities that would violate City Noise Ordinances or other City regulations are allowed; or that would exceed the maximum 21 persons provisions noted in the above condition may take place between the hours of 10 pm and 9 am, except as approved by the Community Development Director. 12. 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 2/01/2024 and 01/03/2025. 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 Page 51 of 53 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 52 of 53 PLANNING COMMISSION CONTINUATION NOTICE SUBJECT: REVIEW OF A PLANNED DEVELOPMENT AMENDMENT TO REVOKE THE PLANNED DEVELOPMENT OVERLAY, RELATED TO A DEVELOPMENT PROJECT PROPOSED AT 1144 CHORRO STREET, FOR SEVEN (7) PROPERTIES. BY: Hannah Hanh, Associate Planner FROM: Tyler Corey, Deputy Director Phone Number: (805) 781-7432 Phone Number: (805) 781-7169 Email: hhanh@slocity.org Email: tcorey@slocity.org PROJECT ADDRESSES: 1144 Chorro Street; 895, 898, and 973 Higuera Street; 876 and 890 Marsh Street; and 868 and 870 Monterey Street APPLICATION NUMBER: PDEV-0428-2023 RECOMMENDATION The review of this item is continued to the next Planning Commission Meeting on July 9, 2025. This continuation is intended to correct a public noticing deficiency and comply with requirements in Government Code Section 65854 for an amendment to a Zoning Ordinance which affects the permitted uses of real property. Meeting Date: 6/25/2025 Item Number: 4b Time Estimate: N/A Page 53 of 53