HomeMy WebLinkAboutPC-1102-2025 (USE-0332-2025 -- 1236 Monte Vista)
RESOLUTION NO. PC- 1102-2025
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN LUIS OBISPO REVOKING THE CONDITIONAL USE PERMIT FOR
A FRATERNITY AT 1236 MONTE VISTA PLACE. THE ACTION IS
EXEMPT FROM ENVIRONMENTAL REVIEW.
WHEREAS, on August 12, 1998, the Planning Commission of the City of San Luis
Obispo revised a Use Permit to allow a fraternity (Kappa Sigma) at 1236 Monte Vista
Place (Resolution No. 5230-98 (1998 Series)); and
WHEREAS, after Kappa Sigma vacated the project site, Delta Chi began residing
at the project site in 2012 and continued the use as a fraternity organization under the
provisions of Use Permit U106-98; and
WHEREAS, on November 2, 2021, a Notice to Correct Code Violation(s)/Notice of
Violation was issued to the property due to unpermitted work to enclose upper story
balconies to convert non-habitable space into sleeping areas. Building permits to convert
the spaces back into decks were submitted in October 2022 and December 2023, but the
work has not been completed; and
WHEREAS, the City received complaints, and, between September 2024 and May
2025, the Police Department issued three citations relating to noise violations at the
property (one was successfully appealed) and one citation for an unruly gathering; and
WHEREAS, Code Enforcement issued a Notice of Violation on 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. 11 of Use Permit U106-98 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
Resolution No. PC-1102-2025 Page 2
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, on May 28, 2025,
for the re-review of the Conditional Use Permit and to consider the continuation of the
fraternity at 1236 Monte Vista, pursuant to a proceeding instituted under USE-0333-2025,
Sigma Nu, applicant; and
WHEREAS, notice of said public hearing was provided at the time and in the
manner required by, including publication on May 15, 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; and
WHEREAS, the Planning Commission voted 5-0 (two members absent) to revoke
the Conditional Use Permit and directed their legal counsel to prepare a Resolution of
revocation for the Commission’s adoption at the next regular meeting of the Planning
Commission.
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 §17.102.020(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 and unruly gatherings.
b. Since May 2024, ten (10) complaints have been made to the Police for noise
violations at the property, resulting in several citations. One of these
occurred after the property was served with a Notice of Violation of the
Conditional Use Permit on March 19, 2025.
c. The fraternity was cited by Police on March 15, 2025, for the “St. Fratty’s
Day” party hosted on the property, during a safety enhancement zone and
despite City staff’s proactive outreach to fraternity organizations ahead of
the St. Patrick’s Day Weekend to encourage safe celebrations and deter
unruly gatherings.
d. The fraternity was most recently cited for a noise violation on May 17, 2025,
after the fraternity was provided notice of the Planning Commission hearing
on re-review of the Conditional Use Permit.
Resolution No. PC-1102-2025 Page 3
e. The maximum number of persons on site repeatedly exceeded the limit
established by the Conditional Use Permit.
f. The fraternity has failed to apply for special event permits or parking and
transportation plans as required by their Conditional Use Permit, despite
hosting events which exceeded the routine gathering capacity limits of the
Permit.
g. There have been a series of events detrimental to the health, safety, and
welfare of the neighborhood.
h. There has been an institutional failure within the fraternity to educate its
members about the existence and requirements of the Conditional Use
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
§17.110.070(A)(3) cannot be made.
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 § 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 U106-98, previously issued as to 1236 Monte Vista Place 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.
Resolution No. PC-1102-2025 Page 4
SECTION 4. Appeal. This Resolution of the Planning Commission may be
appealed to the City Council by filing an appeal with the City Clerk within ten (10) calendar
days of date of this decision as stated below and in compliance with San Luis Obispo
Municipal Code Chapter 17.126. The appellant must pay the appropriate appeal fee, if
applicable.
On motion by Commissioner Munoz-Morris, seconded by Commissioner Flores, and
on the following roll call vote:
AYES: Commissioners Munoz-Morris, Flores, Kahn, Vice Chair Tolle, and
Chair Houghton
NOES: None
RECUSED: None
ABSENT: Commissioner Jorgensen, Commissioner Cooley
The foregoing resolution was passed and adopted this 11th day of June 2025.
___________________
Rachel Cohen, Secretary
Planning Commission