The URL can be used to link to this page

Home My WebLink About6/25/2025 Item 4a, Cross Brett Cross < To:Advisory Bodies Subject:SUBJECT: RE-REVIEW OF AN EXISTING CONDITIONAL USE PERMIT (USE-0334- 2025) FOR A FRATERNITY. Dear Planning Commissioners, The question before you this evening is the same question that has been before you recently-- and that question is how do you "condition" a permit for a fraternity that make it possible to make the finding that the proposed use will not adversely affect the health, safety, or welfare of persons living or working at the site or in the vicinity. Fraternity uses are unlike any typical residential use. Which the following excerpts from the1967 California Court of Appeals case aptly point out. \[Civ. No. 31524. Second Dist., Div. One. Nov. 8, 1967.\] CITY OF LONG BEACH, Plaintiff and Respondent, v. CALIFORNIA LAMBDA CHAPTER OF SIGMA ALPHA EPSILON FRATERNITY et al., Defendants and Appellants. \[10\] Appellants mistakenly proceed upon the theory that a fraternity house is identical to a boarding house or a lodging house merely because the members of the fraternity eat and sleep at the fraternity house, and that eating and sleeping are incidents of a residential use, and, therefore, by prohibiting fraternities from an R-4 zone, fraternity members are being prohibited from exercising a residential use of property. The facts of life dictate that there is a vast difference between a boarding house or lodging house and a fraternity house. It was appropriately said in Pettis v. Alpha Alpha Chapter of Phi Beta Pi, 115 Neb. 525 \[213 N.W. 835, 837-838\]: ".. "And ... speaking of college students generally, the court observes that it is a matter of common knowledge and well established that groups of students are for the most part exuberant, boisterous, and hilarious, and that they do not ordinarily keep regular hours and are addicted to the use and abuse of vibrant and sonorous musical instruments." "The city council apparently was fully aware that college spirit contemplates frequent gatherings with attendant boisterous \[255 Cal. App. 2d 797\] conduct on occasions. The "rush parties," the dances, the rallies and other manifestations of the collegiate spirit are present in a fraternity house and frequently absent in a boarding house, a lodging house or an apartment." The difficulty that the commission and staff is having is how to come up with a set of conditions given the unique qualities and characteristics of a college fraternity. 1 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. " I'm concerned with the language regarding allowing up to 3 noise citations possibly in a 12 month period. Since the wording groups in all citations. The Noise violations need to be kept separate. The adverse impacts to, or complaints from, residents or occupants of the surrounding neighborhood appears to require that something more that just the violation of a law of permit condition is required. Any noise citation should be reviewed based on the nature of the noise citation- number of attendees, impact to surrounding neighbors, and the type of noise including the time of day. A review of the Use Permit should occur based on the severity. Condition No. 13 of U 36-09 should remain in force with the new conditions. "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." I'm not sure why this prior condition should be removed. Lastly, the elephant in the room is alcohol. Sororities have a no alcohol policy from the National Panhellenic Conference. 'The National Panhellenic Conference mandates in its “Policies and Best Practices” document that Panhellenic funds cannot be spent on “alcoholic beverages for any purpose.” Fraternities face no such regulation from the North-American Interfraternity Conference." A condition should be added that prohibits any alcohol and drug use at any " “Sanctioned event”" as defined in Assembly Bill No. 524 that is required to be registered with the university. Sincerely, Brett Cross San Luis Obispo 2