HomeMy WebLinkAboutPC-1106-2025 (USE-0334-2025 -- 720 and 726 Foothill)
RESOLUTION NO. PC-1106-25
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
Resolution No. PC-1106-25
720 & 726 Foothill Blvd. 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 set of conditions
would secure these purposes. Therefore, the required finding in Municipal Code
Section17.110.070(A)(3) cannot be made.
Resolution No. PC-1106-25
720 & 726 Foothill Blvd. 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 . 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 Cooley, seconded by Commissioner Jorgensen, and on
the following roll call vote:
AYES: Commissioners Cooley, Jorgensen, Kahn, and Munoz-Morris, Vice
Chair Tolle, and Chair Houghton
NOES: None
RECUSED: None
ABSENT: Commissioner Sheryl Flores
The foregoing resolution was passed and adopted this 25th day of June 2025.
___________________
Tyler Corey, Secretary
Planning Commission