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
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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.
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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.
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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
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Planning Commission meetings are televised live on Charter Channel 20 and on
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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
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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