HomeMy WebLinkAboutItem 7d - Appeal of the Planning Commissions Decision to Revoke A Use Permit at 1236 Monte Vista Place Item 7d
Department: Community Development
Cost Center: 4006
For Agenda of: 10/21/2025
Placement: Public Hearing
Estimated Time: 90 minutes
FROM: Timmi Tway, Community Development Director
Prepared By: Mallory Patino, Assistant Planner
SUBJECT: REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S
DECISION TO REVOKE A USE PERMIT FOR OPERATION OF A
FRATERNITY ORGANIZATION AT 1236 MONTE VISTA PLACE (USE-
0332-2025, APPL-0665-2025)
RECOMMENDATION
Adopt a Draft Resolution entitled, “Resolution of the City Council of the City of San Luis
Obispo, California, denying an appeal and upholding the Planning Commission’s decision
to revoke the use permit for a fraternity located at 1236 Monte Vista Place. The project is
exempt from environmental review under Section 15061(b)(3) (Common Sense
Exemption) of the California Environmental Quality Act (CEQA) Guidelines as
represented in the council agenda report and attachments dated October 21, 2025 (USE -
0332-2025, APPL-0665-2025).” (Attachment A)
REPORT-IN-BRIEF
On August 12, 1998, the Planning Commission approved a Use Permit (U106-98)
(Attachment B - PC Resolution No. 5230-98) to allow a fraternity (Kappa Sigma) at the
multifamily apartment complex at 1236 Monte Vista Place. Delta Chi (Appellant) has
continued the use as a fraternity organization under the approved Use Permit since
moving into the complex in 2012. In 2025, the Community Development Director
(Director) referred the existing Use Permit to the Planning Commission for re-review
based on several recent violations of the permit conditions.
On May 28, 2025, the Planning Commission conducted a public hearing for the re-review
of the Use Permit for the continuation of the fraternity. The Planning Commission voted
5-0 to revoke the Use Permit because they could not make the required findings
enumerated in San Luis Obispo Municipal Code (SLOMC) §17.110.070. Specifically, the
Planning Commission found that the design, location, size, and operating characteristics
of the use was not compatible with residential uses in the vicinity (§17.110.070(A)(3)),
and that continued use of the property as a fraternity under the Use Permit was not
appropriate for the subject location, was incompatible with the neighborhood, and would
be detrimental to the health, safety, and welfare of persons living or working at the site or
in the vicinity (§17.110.070(A)(5)). The Planning Commission was not satisfied that any
Page 347 of 415
Item 7d
set of conditions would secure these purposes. On June 11, 2025 Resolution No. PC-
1102-2025 was ratified with the final Planning Commission decision. This decision does
not prevent the Appellant from re-applying for a new use permit if they choose.
On June 20, 2025, the Delta Chi Fraternity filed a timely appeal of the Planning
Commission’s decision to revoke the Use Permit (APPL-0665-2025) (Attachments C and
D – Appeal Form and Supplemental Statements). As described in th e Appeal Form and
statements, the Appellant does not concur with the findings that form the basis of the
Planning Commission’s decision. The Appellant requests that City Council uphold the
appeal, reverse the Planning Commission’s decision to revoke the Use Permit, direct City
staff to collaborate with the fraternity and community to draft clear and enforceable
Conditions of Approval that ensure compliance and alignment with City regulations, and
adopt a modified Conditional Use Permit with said drafted conditions.
POLICY CONTEXT
General Plan
Within the General Plan, Land Use Elem ent (LUE) Policy 2.2.6 (Neighborhood
Characteristics) directs the City to promote livability, quiet enjoyment, and safety for all
residents, and highlights that one characteristic of a quality neighborhood includes a
sense of personal safety. LUE Policy 2.2.1 (Neighborhood Identity) encourages the City
to work with residents to address neighborhood specific issues. Additionally, Goal 7 of
the Housing Element (Neighborhood Quality) is to maintain, preserve, and enhance the
quality and livability of neighborhoods.
Major City Goals
One of the 2025-2027 Major City Goals is “Housing and Neighborhood Livability –
Healthy, Safe, and Affordable,” which specifically includes a focus on f ostering diverse,
connected, and safe neighborhoods that are livable for all.
Zoning Regulations (SLOMC Chapter 17)
Per Table 2-1 of SLOMC (Uses Allowed by Zone), 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)
Per SLOMC §17.102.020(C)(7), revocation of a Conditional Use Permit is a quasi-judicial
process providing for the review of potential violations of conditions of approval for an
authorized use, and for the revocation of such approval based upon findings set forth in
Chapter 17.110.
Page 348 of 415
Item 7d
DISCUSSION
Site Data
Appellant Delta Chi
General Plan Land
Use Designation
High Density Residential
(HDR)
Zone High-Density Residential
(R-4)
Site Area Approximately 0.66 acre
Environmental
Determination
Categorically exempt from
environmental review
under CEQA Guidelines
Section 15061(b)(3)
(Common Sense
Exemption)
BACKGROUND
On August 12, 1998, the Planning Commission approved a Use Permit, U106 -98 (PC
Resolution No. 5230-98) (Attachment B) to allow a fraternity (Kappa Sigma) at the
multifamily apartment complex at 1236 Monte Vista Place (Property). The fraternity
organization Delta Chi began residing at 1236 Monte Vista Place in 2012, continuing the
use of the site under the existing Use Permit.
The Police Department issued one (1) citation for a noise violation and one (1) citation for
an unruly gathering to the Property between September 2024 and March 2025. The noise
violation citation (issued on March 3, 2025) was successfully appealed resulting in the
citation being dismissed. The unruly gathering citation was issued March 15, 2025, the
Saturday ahead of St. Patrick’s Day (locally referred to as “St. Fratty’s Day” weekend).
The notes from the Police response visit to the site at 4 AM on March 15 cite that
approximately 100 people were visible in the courtyard, music could be heard from over
200 feet from the property line, and alcohol was present on site. Despite efforts from Code
Enforcement and the Police Department to encourage safe celebrations and deter unruly
gatherings ahead of St. Patrick’s Day, an event still took place at 1236 Monte Vista Place
that resulted in the citation. On March 9, 2025, a complaint was made to the Police relating
to loud music at the Property, though no citation was issued .
On March 19, 2025, Code Enforcement issued a Notice to Correct Code Violation(s) /
Notice of Violation relating to the multiple, confirmed administrative citations, noise
violations, and Use Permit violations. The Notice of Violation stated that due to the active
and continued violations by the fraternity, Code Enforcement staff would be
recommending review of the Use Permit to the Director of Community Development. The
Page 349 of 415
Item 7d
Director then referred the Use Permit to the Planning Commission for re -review in
accordance with Condition No. 111 of Use Permit U106-98.
On April 18, 2025, after the fraternity had been notified that the Use Permit would be re -
reviewed by the Planning Commission, the Police Department issued another citation for
a noise violation to the Property related to a large gathering of approximately 50 visible
people with alcohol present.
Planning Commission Action
On May 28, 2025, the Planning Commission conducted a public hearing for the re-review
of the Use Permit, U106-98, to consider the continuation of the fraternity at 1236 Monte
Vista Place.
Staff evaluated the fraternity and its recent violations against current City standards and
regulations, including the updated findings and criteria for approval as well as code
requirements. Staff additionally took previous, recent Council and Advisory Body actions2
into consideration for consistency across all fraternity and sorority use permits. Staff
recommended the Planning Commission allow continuation of the fraternity subject to a
modified Use Permit. The proposed modified conditions reflected updated language for
consistency with current Municipal Code requirements per Section 17.86.130(A) and
recent actions related to fraternities and sororities. The proposed conditions included
thresholds for future re-reviews, limits on routine gatherings and meetings, standards for
Cal Poly affiliation, site maintenance requirements, restrictions on amplified noise, and
an updated process for special events. The proposed modified conditions can be viewed
in total in the draft resolution that was provided to the Planning Commission (May 28,
2025 Planning Commission Agenda Report).
In evaluating whether to revoke the Use Permit or to approve a modified Use Permit
based on the conditions recommended by staff, the Planning Commission considered the
findings outlined in SLOMC §17.110.070.A, which are required to approve a Use Permit
and read as follows:
1. The proposed use is consistent with the general plan and any applicable
specific plan;
1Condition 11 of U106-98: 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. The Planning Commission may
consider adding a condition requiring fraternity of ficers to perform a community service project in the
neighborhood.
2Resolution No. PC-1085-2024 (USE-0331-2023) approving a Conditional Use Permit to establish a
fraternity at 1264 and 1264 ½ E. Foothill and 1241, 1243, 1249 and 1251 Monte Vista Place;
Resolution R-11529 (2024 Series) (USE-0331-2023, APPL-0365-2024) denying an appeal and upholding
Planning Commission’s decision to approval a Conditional Use Permit to establish a fraternity at 1264 and
1264 ½ E. Foothill and 1241, 1243, 1249 and 1251 Monte Vista Place; and
Resolution No. PC-1092-2024 (USE-0625-2024) approving modifications to Conditional Use Permit to allow
continuation of the fraternity at 280 California Boulevard.
Page 350 of 415
Item 7d
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 u ses 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.
After considering all evidence, including the staff’s evaluation and recommendation, the
applicant’s testimony, and public testimony, the Planning Commission determined the
design, location, size, and operating characteristics of the site as a fraternity were not
compatible with residential uses in the vicinity. The Planning Commission also found that
continued use as a fraternity was not appropriate for the subject location, incompatible
with the neighborhood, and detrimental to the health, safety, and welfare of persons living
or working at the site or in the vicinity. As such, the required findings enumerated in
SLOMC §17.110.070(A)(3) and §17.110.070(A)(5) could not be made by the Planning
Commission.
The Planning Commission voted 5-0 to revoke the Use Permit, based on the findings
specified in Resolution No. PC-1102-2025. This decision does not prevent the Appellant
from re-applying for a new use permit if they choose.
APPEAL
On June 20, 2025, Delta Chi Cal Poly Chapter filed a timely appeal of the Planning
Commission’s decision to revoke Use Permit U106-98 (APPL-0665-2025) (Attachments
C and D – Appeal Form and Supplemental Statements). As described in the Appeal Form
and supplemental materials, Delta Chi asserts that the revocation was premature and
that issues cited can be effectively addressed through collaboration with City staff and
other stakeholders. The Appellant requests that the City Council uphold the appeal,
reverse the Planning Commission’s decision to revoke the Use Permit, and direct staff to
work in good faith with Delta Chi to amend the existing permit to ensure compliance and
alignment with community expectations to avoid a costly and time -consuming
reapplication process.
Page 351 of 415
Item 7d
The Appeal Form and supplemental statements can be distilled into two (2) issues, which
are summarized and discussed in the following analysis.
Appeal Issue No. 1 – Good-Faith Reliance, Cooperative History, and Severe and
Disproportionate Penalty
The Appellant asserts that they have worked systematically to reduce incidents that result
in citations or use permit violations in recent years, reflecting their commitment to
improvements. They cite their efforts to work with City staff over the years to comply with
permit conditions, to address neighborhood concerns in good faith, and to respond to
feedback and implement operational improvements. The Appellant notes they have
invested time and resources in mitigation measures and adjusted management practices
and have consistently sought to be a constructive member of the community.
The Appellant states that after years of interaction and reliance on City feedback,
revocation imposes a severe and disproportionate penalty, which leaves them to face
significant hardship due to a sudden change in course, especially considering Staff’s
recommendation to modify the use permit during the Planning Commission hearing.
Staff Response
The Community Development Department and Planning Commission acted in
accordance with and did not exercise any discretion outside of that which is provided for
in SLOMC §17.102.020(C)(7).
Due to active violations by the fraternity, the Director referred the Use Permit to the
Planning Commission for re-review in accordance with Condition of Approval No. 11 of
Use Permit, U106-98, which states the following:
11. 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. The Planning Commission may consider adding a
condition requiring fraternity officers to perform a community service project in
the neighborhood.
As described in Condition No. 11, revocation of the use permit is one possible outcome
of a review instigated from a complaint. Several complaints and violations contributed to
the Director’s decision to refer the Use Permit to the Planning Commission for re -review.
One complaint that resulted in the Police issuing a noise violation citation to the Property
on March 3, 2025 contributed to the Director’s referral of the Use Permit to Planning
Commission. Though this violation was successfully appealed resulting in the citation
being dismissed, the appeal process did not conclude until April 15, 2025, after such
referral was made. Another complaint that contributed to the Director’s referral was made
Page 352 of 415
Item 7d
to the Police on March 9, 2025 relating to loud music at the Property, though no citation
was issued.
Another complaint that further contributed to the referral related to the event held on
March 15, 2025 at 4 AM, which resulted in a citation for an unruly gathering. Police notes
indicated the large party had over 100 people visible in the courtyard, people shouting,
and a live DJ playing music that could be heard from over 200 feet from the property line.
As defined in SLOMC §9.13.020(E), unruly gatherings are gatherings of twenty or more
persons on private property with conduct that causes a subs tantial disturbance of the
quiet enjoyment in a significant segment of an immediate neighborhood or presents a
threat to the health, welfare and safety of those in attendance, responding enforcement
personnel, or nearby residents or properties. Per SLOMC §9.13, unruly gatherings are
prohibited, as they are detrimental to the public health, welfare and safety, and are
contrary to the public interest. This event was also in direct violation of Conditions #4, #5,
#7 and #12 of Use Permit U106-98, listed below for reference, as well as in opposition to
the extensive outreach that was conducted by Cal Poly and the City regarding events
during the days around St. Patrick’s Day.
4. The maximum number of persons allowed on the site for routine meetings and
gatherings is 53, except as specifically approved by the Community Development
Director for special events. For such special events, the applicant shall also submit
a parking and transportation plan.
5. No meetings, parties, or other types of similar activities involving persons other
than residents are allowed between the hours of 10 p.m. and 9 a.m., except as
approved by the Community Development Director.
7. Events, including meetings or parties, on site, shall be limited to those listed on a
meeting and activities schedule, submitted to an 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.
12. Failure to comply with the above conditions or code requirements, or the conduct
of the use so as to constitute a violation of Federal, State, or local laws, 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.
Code Enforcement issued a Notice of Violation to the Property on March 19, 2025, which
stated that the administrative citations, noise violations, and police contacts between
January to March 2025 constituted violations of the Municipal Code and the Use Permit
Conditions of Approval. The notice stated that immediate compliance was required to
correct the violations, and that the violations constituted a public nuisance that must be
abated.
A few weeks later, the Police responded to a complaint on April 18, 2025, around 9:30
PM, which resulted in another citation for a noise violation. Police notes indicated the
Page 353 of 415
Item 7d
large gathering had approximately 50 visible people and alcohol present. This event was
in direct violation of Conditions #7 and #12 of Use Permit U106 -98 and the Notice of
Violation sent to the fraternity on March 19, 2025.
Collectively, these actions of the organization have constituted a public nuisance and
caused a substantial disturbance of the quiet enjoyment of private property in the
immediate neighborhood. Therefore, the Planning Commission’s decision to revoke the
Use Permit would not be considered a severe or disproportionate penalty.
During the May 28, 2025 Planning Commission hearing, the fraternity representative
presented information concerning their reduction in complaints in recent years. The
representative also noted the fraternity’s history of cooperation with the City and
organizational mitigation measures and adjusted management practices . The Planning
Commission considered this information, as well as the information relating to the multiple
confirmed use permit violations, including the March 15 th and April 18th incidents, and
public input from community members. Based on all the evidence discussed, the Planning
Commission was unable to make the required findings to grant continuation of Use Permit
U106-98, as required under SLOMC §17.110 and revoked the Use Permit per Condition
No. 11.
It should be noted that the multi-family residential complex located at 1236 Monte Vista
Place may continue to be used for residential uses, regardless of holding a use permit.
Revocation of the Use Permit means that the site cannot be used as a fraternity or sorority
house, which is defined as residences for college or university students who are members
of a social or educational association that is affiliated and in good standing with the
California Polytechnic State University and where such an association also holds
meetings or gatherings (SLOMC §17.156.014). While fraternity members may continue
to live at 1236 Monte Vista Place, the change requires regular fraternity operations, such
as chapter meetings and special events, to cease on site. Those meetings and gatherings
may continue at off-site locations, including Cal Poly’s campus or other private venues
suitable for the intended land uses.
Additional Noise Violation Citation
Since the Appellant filed an appeal, the Police issued another citation to the Property on
October 4, 2025, for a noise violation. Police responded around 2:30 AM to a complaint
relating to loud noise. The responding Officer confirmed music and voices could be heard
from beyond the property line. The responding Officer noted that people were running
into the apartments from the courtyard with Police’s arrival, and approximately 10 people
were visible in the courtyard with alcohol present.
Appeal Issue No. 2 – Collaborative Process for Constructive Resolution
The Appellant requests that the City Council uphold the appeal and direct staff to
collaborate with Delta Chi, neighbors and university partners to modify the conditions of
use permit so that they are clear, achievable, enforceable, and ensure accountability. The
Appellant has provided feedback and draft modifications to conditions of approval for the
Page 354 of 415
Item 7d
use permit (Attachments C and D – Appeal Form and Supplemental Statements) based
on the draft conditions of approval that were presented in the May 28, 2025 draft
resolution and the comments made by Planning Commission (see Planning Commission
Agenda Report). The Appellant argues that their drafted modifications address concerns
raised by the Planning Commission and, if adopted, would allow fraternity operations to
satisfy the required findings in SLOMC §17.110.070(A).
Staff Response
Revocation of the permit by the Planning Commission was based on the findings that the
continued use of a fraternity would be incompatible with residential uses in the vicinity,
and would be detrimental to the health, safety, and welfare of persons living or working
at the site or in the vicinity. In the supplemental material provided, the Appellant has not
provided evidence that the fraternity would be able to satisfy the Planning Commission
concerns and meet the required findings in SLOMC §17.110.070(A).
Staff has analyzed the proposed alterations and additions to the conditions that the
fraternity has submitted, and this analysis is provided in Attachment E. Many of the
proposed changes and provided reasoning from the Second Supplemental Statement
(Attachment D) have the possibility for beneficial outcomes, but they are still conceptual
ideas and would be difficult to enforce. Information is lacking regarding how the proposed
changes might be implemented, and how implementation would effectively change the
operations and behavior of the fraternity. There remains insufficient evidence to address
the concerns raised by the Planning Commission that operation of a fraternity is
appropriate for the subject location, compatible with the neighborhood, and will not be
detrimental to the health, safety, and welfare of people living or working at the site or in
the vicinity.
The Appeal process, as outlined in SLOMC §17.126, does not provide an effective
avenue to support a collaborative conversation or the time necessary to modify the
existing Use Permit. If City Council directs staff to undertake the effort requested by the
Appellant, the appeal would need to be continued to either a date certain in the future or
off-calendar to provide time for staff, the Appellant, and the community to discuss the
proposed conditions and then return for consideration of a revised Use Permit and
proposed findings. However, the Appellant has the ability to re-apply, at any time, for a
new use permit if they choose. If the Appellant applied for a new use permit, staff would
be able to collaborate with the applicant and other stakeholders on their application
proposal.
City Council Consideration
Per SLOMC §17.126.040(B), decisions of the Planning Commission shall be appealed to
City Council. Delta Chi Cal Poly Chapter filed a timely appeal of the Planning
Commission’s decision to revoke Use Permit U106-98 resulting in this review (Application
No. APPL-0665-2025) being brought before City Council.
Actions on appeals are “de novo” review per SLOMC §17.126.050(A). De novo review
means that the City Council must exercise its independent judgment to determine if the
Page 355 of 415
Item 7d
Applicant/Appellant’s Use Permit should be modified, revoked, o r remain in effect as it
was prior to the Planning Commission’s revocation. The City Council is not bound by the
Planning Commission’s findings or conclusions.
The decision made by City Council shall be made based on the required findings in
SLOMC §17.110.070 and listed above under the “Planning Commission Action” section
of this report. Because this is a “de novo” hearing, the City Council can take any of the
actions outlined in the alternatives section below or staff’s recommendation.
Public Engagement
The project has been noticed in compliance with the City’s notification requirements for
Development Projects for each public hearing associated with the project. Newspaper
legal advertisements were posted in the New Times ten (10) days prior to the Plann ing
Commission and City Council hearings. Additionally, postcards were sent to both owners
and occupants of properties, located within 300 feet of the project site, ten (10) days prior
to each hearing.
CONCURRENCE
The Council Agenda Report was reviewed by the Planning Division, and the City
Attorney’s Office for concurrence.
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.).
FISCAL IMPACT
Budgeted: N/A Budget Year: 2025-26
Funding Identified: No
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ N/A $0 $0 $0
State
Federal
Fees
Other:
Total $ N/A $0 $0 $0
Page 356 of 415
Item 7d
Consideration by the City Council of an appeal of a decision made by the Planning
Commission does not directly result in expenditure of funds and thus has no fiscal impact
to the City. The appeal fee, which covers a portion of the staff time required to bring this
item forward, per City policy, was paid by the Appellant, and there is no upfront cost
resulting from the revocation of the Use Permit. If Council adopts the Resolution to deny
the appeal, subsequent review of a new use permit application, should the Appellant
reapply, would be subject to the appropriate permitting application fee, which is paid by
the applicant.
ALTERNATIVES
1. Continue review of the appeal. The City Council may continue the review of the
appeal with direction to staff regarding additional information or analysis required to
make a decision. Under this alternative, the hearing would be continued to a date
certain or, if amenable to the Appellant, continued off-calendar and then re-noticed as
a new hearing in the future.
2. Uphold the appeal and modify the Use Permit. The City Council may uphold the
appeal and modify the findings and/ or conditions of approval based on consistency
with the General Plan, Zoning Regulations, or other policy documents . The City
Council may consider and incorporate any of the Appellant’s submitted modified
conditions, which are listed and analyzed in Attachment E – Staff Analysis of APPL-
0665-2025 Appellant Submittal. Under this alternative, a revised Resolution would
need to be prepared to provide findings to uphold the appeal and allow the Use Permit
to continue, as well as to adopt the revised conditions of approval; therefore, it would
be recommended that the hearing on the appeal be continued to a date certain to
allow for the preparation and consideration of a revised Resolution.
3. Uphold the appeal and retain the existing Use Permit as is. The City Council may
uphold the appeal and retain the Use Permit with the existing findings and conditions
of approval. Under this alternative, a revised Resolution would need to be prepared to
provide findings to uphold the appeal and allow the Use Permit to continue; therefore,
it would be recommended that the hearing on the appeal be continued to a date certain
to allow for the preparation and consideration of a revised Resolution.
ATTACHMENTS
A - Draft Resolution denying the appeal and uphold the Planning Commission’s decision
to revoke the Use Permit U106-98 (USE-0332-2025, APPL-0665-2025)
B - PC Resolution No. 5230-98 (Approval of the Original Use Permit, U106-98)
C - Appeal Form and Supplemental Statements from Appellant (APPL -0665-2025,
06.20.2025, 07.11.2025)
D - Second Supplemental Statement from Appellant (APPL -0665-2025, 09.22.2025)
E - Staff Analysis of APPL-0665-2025 Appellant Submittal for Modifications and Additions
to Draft Conditions of Approval
Page 357 of 415
Page 358 of 415
R ______
RESOLUTION NO. _____ (202X SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE
PLANNING COMMISSION’S DECISION TO REVOKE THE USE PERMIT
FOR A FRATERNITY LOCATED AT 1236 MONTE VISTA PLACE. THE
PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER
SECTION 15061(B)(3) (COMMON SENSE EXEMPTION) OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES
AS REPRESENTED IN THE COUNCIL AGENDA REPORT AND
ATTACHMENTS DATED OCTOBER 21, 2025 (USE-0332-2025, APPL-
0665-2025).
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 May 28, 2025,
for the re-review of an existing Conditional Use Permit, U106-98 (“Use Permit”), for
fraternity use at 1236 Monte Vista Place, pursuant to a proceeding instituted under USE-
0332-2025; and
WHEREAS, the Planning Commission of the City of San Luis Obispo revoked Use
Permit U106-98, after duly considering all evidence, including testimony of the applicant
and general public and evaluation and recommendations by staff presented at said
hearing; and
WHEREAS, Delta Chi Cal Poly Chapter filed a timely appeal of the Planning
Commission’s decision to revoke the Use Permit, APPL-0665-2025, on June 20, 2025;
and,
WHEREAS, the City Council of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, on October 21, 2025, for
the purpose of considering the appeal of the Planning Commission’s decision to revoke
the Use Permit, APPL-0665-2025, and has duly considered all evidence, including the
record of the Planning Commission hearing; testimony of the applicant, appellant, and
general public; and evaluation and recommendations by staff presented at said hearing;
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 Council of the City of San Luis
Obispo that:
SECTION 1. Findings. The City Council hereby denies the appeal and revokes the
Use Permit U106-98 based on the following findings:
Page 359 of 415
Resolution No. _____ (202X Series) Page 2
R ______
a) The current use is not consistent with Fraternity use regulations of Municipal
Code Section 17.86.130 nor is the Council able to make the required findings
to grant a conditional use permit pursuant to Section 17.110.070 because:
i) The fraternity has been repeatedly cited for violations of the City’s Noise
Ordinance and an unruly gathering.
ii) The fraternity was cited for an unruly gathering 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.
iii) The fraternity was most recently cited for a noise violation on October
4, 2025, after the Planning Commission’s hearing for re-review and
revocation of the Use Permit, and during the processing of their appeal.
iv) The maximum number of persons on site repeatedly exceeded the limit
established by the Use Permit.
v) The fraternity has failed to apply for special event permits or parking
and transportation plans as required by their Use Permit, despite
hosting events which exceeded the routine gathering capacity limits of
the Permit.
vi) Conduct of the fraternity has been detrimental to the health, safety, and
welfare of the neighborhood.
b) 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. Therefore, the required finding in Municipal Code §17.110.070(A)(3)
cannot be made.
c) For the reasons stated above, the continued use of the property as a fraternity
under the 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. 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 City Council hereby denies the appeal and REVOKES
the 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
Page 360 of 415
Resolution No. _____ (202X Series) Page 3
R ______
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.
Upon motion of Council Member ___________, seconded by Council Member
___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _______________ 20 2X.
___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
Page 361 of 415
Page 362 of 415
Page 363 of 415
Page 364 of 415
Page 365 of 415
Page 366 of 415
Date Received
Revised and Published 10/01/24 Page 1 of 2
Filing Fee
Applicant/Non-Applicant: $2,583.46
For Office Use Received by:_____
SECTION 2. SUBJECT OF APPEAL
1.In accordance with the procedures set forth in Title 1, Chapter 1.20 of the San Luis Obispo
Municipal Code or Title 17, Chapter 17.126 of the San Luis Obispo Municipal Code, I hereby
appeal the decision of the:
_________________________________________________________________________
(Name of Officer, Committee or Commission decision being appealed)
2. The date the decision being appealed was rendered: _______________________________
3. The application or project was entitled: __________________________________________
_________________________________________________________________________
4.I discussed the matter with the following City staff member:
______________________________________________________ on ______________________
(Staff Member’s Name and Department) (Date)
5.Has this matter been the subject of a previous appeal? If so, when was it heard and by whom:
_________________________________________________________________________
SECTION 3. REASON FOR APPEAL
Explain specifically what action/s you are appealing and why you believe the Council should consider
your appeal. Include what evidence you have that supports your appeal. You may attach additional
pages, if necessary. This form continues on the other side.
APPEAL TO THE CITY COUNCIL
SECTION 1. APPELLANT INFORMATION
_____________________________________________________________________________
Name Mailing Address and Zip Code
______________________________________________________________
Phone Email
_______________________________________
Representative’s Name Mailing Address and Zip Code
________________________________________________________________
Title Phone Email
Delta Chi Fraternity
Chris Green
President
Planning Commission
June 11, 2025
Conditional Use Permit for a fraternity (Delta Chi) at 1236 Monte Vista Place
Mallory Patino, Community Development June 12, 2025
No
1236 Monte Vista Pl. San Luis Obispo, CA 93405
president.cpdeltachi@gmail.com
president.cpdeltachi@gmail.com
Page 367 of 415
Revised and Published 10/01/24 Page 2 of 2
cc: City Attorney
City Manager
Department Head
Advisory Body Chairperson
Advisory Body Liaison
City Clerk (original)
SECTION 4. APPELLANT’S RESPONSIBILITY
The San Luis Obispo City Council values public participation in local government and
encourages all forms of citizen involvement. However, due to real costs associated with City
Council consideration of an appeal, including public notification, all appeals pertaining to a
planning application or project are subject to the following filing fee, which must accompany
the appeal form: $2,583.46.
Your right to exercise an appeal comes with certain responsibilities. If you file an appeal,
please understand that it must be heard within 45 days from filing this form, except for matters
arising under Title 17 (Zoning Regulations) of the San Luis Obispo Municipal Code shall be
governed by those Chapters. You will be notified in writing of the exact date your appeal will be
heard before the Council. You or your representative will be expected to attend the public
hearing, and to be prepared to make your case. Your testimony is limited to 10 minutes.
A continuance may be granted under certain and unusual circumstances. If you feel you
need to request a continuance, you must submit your request in writing to the City Clerk. Please be
advised that if your request for continuance is received after the appeal is noticed to the public, the
Council may not be able to grant the request for continuance. Submitting a request for continuance
does not guarantee that it will be granted; that action is at the discretion of the City Council.
I hereby agree to appear and/or send a representative to appear on my behalf when
said appeal is scheduled for a public hearing before the City Council.
__________________________________________________________________________
(Signature of Appellant) (Date)
Reason for Appeal continued
The Delta Chi fraternity respectfully appeals the Planning
Commission’s revocation of its Conditional Use Permit
U106-98 and requests that the City Council uphold this
appeal. Please see attached documentation.
as 6/20/2025
Page 368 of 415
RE: Conditional Use Permit for a fraternity (Delta Chi) at 1236 Monte Vista Place - June 20,
2025
CUP Appeal Reasons continued
The Delta Chi fraternity respectfully appeals the Planning Commission’s revocation of its
Conditional Use Permit U106-98 and requests that the City Council uphold this appeal.
The fraternity believes that the revocation was premature and that issues cited can be
effectively addressed through collaboration with City staff and other stakeholders.
Rather than pursue a costly and time-consuming reapplication process, the fraternity
proposes to work in good faith to amend the existing permit to ensure compliance and
alignment with community expectations. Supporting documentation will be provided to
the City Council that will demonstrate the willingness to remedy concerns and maintain
a responsible presence in the neighborhood.
Page 369 of 415
3427 Miguelito Court San Luis Obispo, CA 93401 805.541.4509 p 805.546.0525 f www.oasisassoc.com
CP 018415 ● RLA 2248 ● CLARB 907
11 July 2025
Honorable Mayor and Members of the City Council
CITY OF SAN LUIS OBISPO
c/o Ms. Timothea Tway, Community Development Director
990 Palm Street
San Luis Obispo, CA 93401 via email - TTway@slocity.org
RE: DELTA CHI CAL POLY CHAPTER, 1236 MONTE VISTA PLACE, SLO, CA
APPEAL OF PLANNING COMMISSION REVOCATION OF CUP U106-98
Dear Mayor and Council Members,
We represent the Delta Chi Cal Poly Chapter (Delta Chi) who, on June, 20, 2025, lodged an appeal
to set aside the Planning Commission’s June 11, 2025 decision to revoke their conditional use
permit and to alternatively request that the permit to be amended to address community concerns.
We appreciate the opportunity to provide a more robust discussion and relevant evidence to
support the Council’s decision to uphold the appeal and enable the staff and the fraternity to work
collaboratively to amend the conditional use permit. Thank you, in advance, for the consideration.
Initially, there are a few high level ideas that we would like you to consider.
1. Partnership, not punishment. Delta Chi are partners in this community. The
question isn’t whether there are problems, it’s whether they can be solved
collaboratively.
2. Willingness to be accountable. Delta Chi does not want to avoid regulation. They
do want clear, achievable, and enforceable conditions that ensure accountability, as
they welcome the oversight. As importantly, Delta Chi currently works within their
own defined governance framework.1
3. Track record of improvement. Delta Chi has worked systematically to reduce
incidents. Over the past two years, documented violations have declined
significantly, reflecting their commitment to improvements. While challenges remain,
the trend is clear and positive. And finally,
4. S trong institutional support. Delta Chi is in active participation with Cal Poly’s
Fraternity & Sorority Life/Leadership & Service/Student Affairs unit to ensure
compliance with both the university 2 and City expectations.
Context and Community Legacy
San Luis Obispo is a proud and continually evolving town-and-gown community, home to decades
of shared experiences between Cal Poly students and long-term residents. While these relationships
have at times been challenging, they are also deeply rooted and resilient. Delta Chi has been a part
1 Attached is a list of additional reference materials that include descriptions of the local chapter bylaws, local
property management, the alumni association, and national fraternity oversight.
2 Attached for ease of reference is the Cal Poly Fraternity & Sorority Life Event Registration Procedure, rev. March 25, 2025
which sets the framework for on and off campus events and is “designed to provide a safe social atmosphere for members
of the Greek Community and their guests, while allowing them to exercise the personal responsibility expect of each of
them”.
Page 370 of 415
OASIS ASSOCIATES, INC.
11 July 2025
DELTA CHI CAL POLY CHAPTER APPEAL
Page 2 of 3
3427 Miguelito Court San Luis Obispo, CA 93401 805.541.4509 p 805.546.0525 f www.oasisassoc.com
CP 018415 ● RLA 2248 ● CLARB 907
of this fabric for many years, and like many other fraternities and sororities, they operate off-
campus due to the absence of a formal Greek Row. Over time, as both the university and the City
have grown, the need for clear expectations, communication, and partnership has become
increasingly vital.
Good-Faith Reliance and Cooperative History
Delta Chi has worked with City staff over the years to comply with permit conditions and to address
neighborhood concerns in good faith. While they acknowledge there have been issues, particularly
with occupancy and noise, they have also taken steps to respond to feedback and implement
operational improvements.
Delta Chi has relied on the City’s guidance, including direct communication and staff input, to
understand expectations and make changes, accordingly. They have invested time and resources in
mitigation measures, adjusted management practices, and have consistently sought to be a
constructive member of the community.
Notably, in this most recent CUP review, the City’s own staff report recommended amending the
permit rather than revoking it, indicating a belief that continued operation under improved
conditions is both possible and reasonable.
Equity and Proportionality
Revocation of the CUP at this stage, after years of interaction and reliance on City feedback,
imposes a severe and, we believe, disproportionate penalty—particularly in light of staff’s
recommendation for amendment. It also undermines the City’s stated goal of collaborative
problem-solving with student organizations.
While legal doctrines such as equitable estoppel may not strictly apply to municipal decisions, the
underlying principles—fairness, reliance, and proportionality—are relevant here. Delta Chi acted
in good faith based on the City’s past positions and now face significant hardship due to a sudden
change in course.
A Call for Constructive Resolution
We are not asking the City Council to excuse past shortcomings. Instead, we are asking for a path
forward that reflects the complexity of this issue and the opportunity for shared responsibility. The
fraternity members, past and present, remain open and committed to working with City staff,
neighbors, and university partners to strengthen permit conditions, improve accountability, and
preserve Delta Chi’s place in the San Luis Obispo community.
Accordingly, we respectfully request that the Council:
1. Uphold this appeal;
2. Reverse the Planning Commission’s decision to revoke the CUP; and
3. Direct staff to pursue amendments to the permit in coordination with Delta Chi.3
We thank the Council for its consideration and for continuing to foster thoughtful dialogue
between student organizations and the broader community. On behalf of Delta Chi, the fraternity
members remain committed to being part of the solution.
3 The second attachment to this correspondence represents preliminary comments on staff’s previous
recommendations to the Planning Commission to amend the original CUP. These are offered to correct the record
and as a starting point to thoughtfully amend the permit in light of existing and potential future circumstances.
Page 371 of 415
OASIS ASSOCIATES, INC.
11 July 2025
DELTA CHI CAL POLY CHAPTER APPEAL
Page 3 of 3
3427 Miguelito Court San Luis Obispo, CA 93401 805.541.4509 p 805.546.0525 f www.oasisassoc.com
CP 018415 ● RLA 2248 ● CLARB 907
Respectfully submitted,
OASIS ASSOCIATES, INC.
C.M. Florence, AICP Agent
DELTA CHI CAL POLY CHAPTER
Attachments –
• 1 – List of Delta Chi Cal Poly Chapter’s Existing Internal Governance Framework
• 2 – Event Registration Procedure, Cal Poly Fraternity & Sorority Life, March 2025
• 3 – Draft Comments to SLO Planning Commission Resolution no. XXX-25
cc: C. Green
C. Nielsen
E. Moffitt
S. Pollock
M. Holliday
Delta Chi Members + Alumni
25-0053
Page 372 of 415
ATTACHMENT 1
List of Delta Chi Cal Poly Chapter’s
Existing Internal Governance Framework
11 July 2025
Local Chapter Bylaws and Governance
The Cal Poly Chapter of Delta Chi operates under a formal set of local bylaws adopted by its
membership. These bylaws govern the operations of the chapter, including leadership elections,
financial procedures, conduct expectations, and adherence to university and national standards. They
serve as a constitutionally binding document that ensures internal accountability, democratic
leadership succession, and operational continuity from year to year. In addition, Delta Chi has adopted
a Risk Management Plan that includes the following items: emergency contact list; event planning; harm
reduction; code of conduct; crisis management; and fire safety.
Local Housing Corporation Oversight
Delta Chi’s physical property, located at 1236 Monte Vista Place, San Luis Obispo, CA, is managed
by a dedicated local housing corporation. This entity, typically composed of alumni volunteers, is
responsible for property maintenance, safety compliance, and financial oversight of the facility, in
conjunction with our landlord. The housing corporation plays a critical role in ensuring that the
chapter property is managed responsibly and that the property is safe and livable, in cooperation with
the property owner, regardless of the changing undergraduate leadership.
Active Alumni Association Involvement
Delta Chi Cal Poly maintains an active alumni association that provides mentorship, guidance, and
institutional memory. The alumni are deeply involved in supporting the chapter’s educational
programs, leadership development, and operations, and frequently assist with transitional planning,
risk management, and disciplinary concerns. This alumni network provides consistent
intergenerational support and ensures continuity through leadership transitions.
National Fraternity Oversight and Support
As a chapter of the Delta Chi Fraternity, Inc., a nationally recognized fraternity established in 1890,
the Cal Poly Chapter benefits from oversight and resources provided by the national headquarters.
The national organization provides training, operational audits, risk management programs, leadership
education, and crisis response protocols. They also ensure that all local chapters remain in good
standing with respect to national policies and standards. In the event of a local leadership issue or
disruption, the national fraternity has the capacity and authority to intervene and help restore structure
and compliance.
Page 373 of 415
Revised March 2025
EVENT REGISTRATION PROCEDURE
All members of Cal Poly-affiliated fraternities and sororities, and the Interfraternity Council,
the Panhellenic Council, and the United Sorority & Fraternity Council at Cal Poly (collectively
the “Fraternity and Sorority Community”), shall abide by all University policies and federal,
state, and local laws and regulations, including those that govern the use, distribution, and
consumption of alcohol. This Event Registration Procedure sets forth procedures designed to
provide a safe social atmosphere for members of the Greek Community and their guests, while
allowing them to exercise the personal responsibility expected of each of them. The following
objectives are essential to achieving this aim:
•To encourage social responsibility in all members, with emphasis on safety and risk
management;
•To encourage responsibility in the use of alcohol and thereby reduce the risks associated
with alcohol misuse at parties;
•To increase the safety of everyone in attendance at chapter -sponsored events with and
without alcohol;
•To support the ideals and values on which fraternities and sororities are founded;
•To practice self-governance as a Fraternity and Sorority Life Community;
•To educate the general membership of the Fraternity and Sorority Life community about
the importance of risk management.
1 The University does not accept legal liability for the activities engaged in by fraternities and
sororities, and their members.
ATTACHMENT 2
Page 374 of 415
Revised March 2025
Table of Contents
Article I - What defines an event?
Article II - Legal
Article III - Events with Alcohol Present
Article IV - Events without Alcohol Present
Article V - Locations
Article VI - Registration Process
Article VII - Judicial
Article VIII - Amnesty
Article IX - Procedure Revision
Page 375 of 415
Revised March 2025
Article I - What defines an event?
A. An “event” for the purposes of this document is any activity sponsored or
endorsed by the organization/chapter including those that occur on and off
chapter premises.
Article II – Legal
A. Any event as defined above must be compliant with all applicable laws, including
but not limited to the below requirements:
a. The organization, members and guests must comply with all federal,
state, and local laws. No person under the legal drinking age my possess,
consume, provide or be provided alcoholic beverages
b. Organizations, members and guests must follow the federal law
regarding illegal drugs and controlled substances. No persons may
possess, use, provide, distribute, sell and or manufacture illegal drugs or
other controlled substances while on organizational/ chapter premises or
at any activity or event which is sponsored or endorsed by the chapter
B. Laws local to San Luis Obispo are also enforced with events. The following is
provided for convenience only and is not all-inclusive. Laws may change and it is up
to the chapter to be aware of all applicable laws. Some relevant laws include:
a. Noise Ordinance
i. 7 A.M. to 10 P.M.: Noise that can be heard 50 feet from
the source is a violation
ii. 10 P.M. to 7 A.M.: Noise that can be heard across the property
line is a violation
b. Safety Enhancement Zones
i. Fines are doubled for the following violations:
1. Noise
2. Unruly Gathering
3. Social Host Liability
4. Public Urination
5. Open Container
ii. Designated times for Safety Enhancement Zones may vary, but
typically occur during:
1. Mardi Gras (Thursday - Wednesday)
2. St. Patrick’s Day
3. Halloween
Page 376 of 415
Revised March 2025
4. “WOW’ Week
Article III – Events with Alcohol Present
A. Guest Lists and Sober Monitors
a. Any event where alcohol is present is required to be a closed event, with guest
lists submitted to the FSL office by the deadline (see Article VI)
b. Attendance by non-members at any event where alcohol is present must be by
invitation only by the organization. Chapters must utilize the guest list template
provided by the FSL Office. Attendance at events where alcohol is present is
limited to a guest-to-member ratio of 2:1 and must not exceed local fire or
building code capacity of the organizational/chapter premises or host venue.
c. Any event with alcohol present is also required to have sober monitors present,
with quantity based on the number of guests in attendance.
i. Three sober monitors (including one from the Executive committee or
equivalent) are required at a minimum.
ii. For every 40 guests invited to the event, another sober monitor
will be required
iii. First year members who have been in the chapter for at least one
quarter and are initiated members, can serve as sober monitors if
the following is in place:
1. Required attendance at one of the annual Social Risk
Management workshops hosted the FSL office PRIOR to becoming
eligible to serve as a sober monitor
2. Procedures in place attached to the risk management plan, that
supports first year students during the event, should conflict arise
3. No more than 30 percent of sober monitors can be first year
members
B. Any event where alcohol is present can only occur from
a. 5:00pm on Thursday until 1:00am on Friday, when Friday is an academic holiday
b. 5:00pm on Friday until 1:00am on Saturday
c. 9:00am on Saturday until 1:00am on Sunday
d. 9:00am on Sunday until 1:00am on Monday, when Monday is an academic
holiday
C. Events with alcohol cannot occur until after the formal recruitment period is over
(during quarters where there is a formal recruitment period) unless at a third -
party venue and the event is closed with no potential new members in attendance
and follows all event registration guidelines.
D. Events with alcohol are prohibited from lasting longer than five hours continuously
E. Sources of Alcohol
a. Alcoholic beverages must either be:
Page 377 of 415
Revised March 2025
i. Provided and sold by a licensed and insured third-party vendor, e.g.,
restaurant, bar, caterer, etc.) or
ii. Brought by the individual members and guests through a bring your own
beverage system.
b. Common sources of alcohol, including bulk quantities, which are not being
served by a licensed and insured third-party vendor, are prohibited (i.e.
amounts of alcohol greater than what a reasonable person should consume
over the duration of the event)
c. The presence of alcohol products above 15% alcohol by volume (ABV) is
prohibited on any organizational/chapter premises or at any event, except
when served at an event by a licensed and insured third party vendor.
d. Alcoholic beverages must not be purchased with organizational/chapter funds or
funds pooled by members or guests (e.g., admission fees, cover fees, collecting
funds through digital apps, etc.)
F. Bring Your Own Beverage
a. Only those of legal drinking age in California may bring and consume alcohol
b. Permitted alcohol can only be made available in central common living
areas managed by sober monitors designated by the host chapter
c. Individuals of legal drinking age may bring beer totaling no more than 72
ounces (equivalent to a six pack of 12 oz beers) or one bottle (750 ml) of
wine to the event
G. Drinking Games
a. No shots, drinking games, or other activities that encourage
inappropriate or other rapid consumption or high-risk drinking
behaviors shall be allowed.
i. The definition of drinking games includes but is not limited to the
consumption of shots of alcohol, liquor or alcoholic beverages; the
practice of consuming shots equating to one’s age;” beer pong,”
“century club,” “beer die”,” dares;” or any other activity involving the
consumption of alcohol which involves duress or encouragement
related to the consumption of alcohol.
H. Consent Talks
a. All events with alcohol are required to have a Consent Talk after 30 minutes
and no later than 1 hour of the event starting. The Consent Talk will be
provided by the chapter’s Violence Prevention Chair (or a designated
individual in the case that the Violence Prevention Chair isn’t present) and will
be given to all participants at the event. If this is an exchange between two
Page 378 of 415
Revised March 2025
FSL organizations, both Violence Prevention Chairs should co-present the
information. An example of the Consent Talk is below:
“Hi everyone, my name is _____ and I am the Violence Prevention Chair for
(insert chapter here). We want everyone to have a great time tonight and
feel safe & respected! I am going to give a brief consent talk before we
continue with the rest of the night! Remember:
1. Consent is freely given: consent can only be given without
coercion, force, threats, or intimidation. It cannot be given by
someone who is incapacitated, including due to drugs, alcohol,
or medication.
2. Consent is reversible: you can change your mind about anything
at any time during sex.
3. Consent is informed: you must know what you are consenting to
in order to give consent.
4. Consent is enthusiastic: when it comes to sex you should want
to have it.
5. Consent is specific: saying yes to one thing, like making out,
does not mean saying yes to everything, like having sex.
[Add in values of chapter here, e.g. “we are men /women of high
integrity”] If you are interested in hooking up with someone tonight,
check in with them and make sure to respect whatever answer they
give you. If you see someone crossing a line, making others feel
uncomfortable or someone in a vulnerable position, please come up t o
me or [insert the name of Chapter President or Risk Manager, whoever
is comfortable] if you need absolutely anything at all, we will be at the
door (or wherever you stand)! Thank you and have fun!”
I. Registration
a. Events with alcohol are required to be registered with the FSL office prior
to their occurrence and with documents submitted prior to the required
deadlines (further outlined in Article VI)
Article IV – Events without Alcohol Present
A. Guest Lists and Sober Monitors
a. Guest lists and sober monitors are not required for events where alcohol is
not present, but are encouraged
B. Registration
Page 379 of 415
Revised March 2025
a. Events without alcohol are required to be registered with the FSL office prior
to their occurrence and with documents submitted prior to the required
deadlines (further outlined in Article VI)
Article V – Locations
A. All off-campus events with alcohol must be held at a residence, including a chapter
facility, or at a venue under third party management that is not legally associated with
the chapter in any capacity (“third-party venue”).
B. For all events with alcohol that are located at a third-party venue, a copy of the contract
with the chapter and event management company or third -party venue must be
submitted with the party registration.
Article VI – Registration Process
A. The process of online events with alcohol registration must begin at least 10 days
before the date of the event.
B. Deadlines for completion of registration are every Thursday by 12:00 pm, the
weekend of the event.
C. A final follow up guest list must be submitted by 12:00 noon Monday following
the event with alcohol, with the full names of all attendees and birthdates of all
guests who received wristbands for alcohol consumption.
a. No future events with alcohol will be reviewed until this requirement is fulfilled
D. The chapter’s risk manager must complete a post -event review, which is to be
submitted to Cal Poly Fraternity and Sorority Life by 12:00 noon the Wednesday
following the event with alcohol. All sober monitors and sober executive members
will contribute to this review. For events with alcohol where there may be more
than one chapter acting as the event host, each chapter must complete a post-
event form.
a. No future events with alcohol will be reviewed until
this requirement is fulfilled
E. Failure to follow these requirements may subject the chapter and/or its individual
members to student discipline.
Article VII – Judicial
A. Failure to follow these procedures will be reviewed by the Office of
Student Rights & Responsibilities (OSRR) and may be subject to sanctions.
Page 380 of 415
Revised March 2025
B. It is recognized that this procedure cannot address, in specific fashion, all possible social
situations that may occur. When this procedure is not specific on a particular point, the
Interfraternity Council, Panhellenic Council, and United Sorority & Fraternity Council
chapters and their members are expected to conduct their events and themselves in
the spirit of social responsibility expressed in this procedure.
C. Council judicial boards can also adjudicate if deemed necessary by the OSRR.
Article VIII – Amnesty
A. The university’s primary concern is for the health, welfare, and safety of all students.
As such, in cases of significant intoxication as a result of alcohol or other substances,
the university encourages students to seek medical assistance for themselves and/or
others. Any student who assists in seeking medical attention for a person in need will
not be subject to disciplinary action for conduct in violation of this policy.
Article IX – Procedure Revision
A. This procedure may be revised at any time by the Fraternity & Sorority Life office, OSRR
and Dean of Students.
B. This procedure will be reviewed during summer quarter, or at the discretion of the
Dean of Students staff, and any revisions will be sent to members of fraternities and
sororities immediately and will be effective the first day of the following fall quarter.
C. In the event of a mid-academic year review, any revisions will be sent to members of
fraternities and sororities immediately upon implementation.
Page 381 of 415
ATTACHMENT 3
DRAFT Comments to SLO Planning Commission Resolution No. XXX-25
Amending CUP 5230-98 – Proposed Conditions of Approval (USE-0332-2025)
11 July 2025
The following are a few of the Community Development Department staff proposed conditions of
approval, along with our comments, offered as examples of areas that warrant additional consideration
and collaboration between the Delta Chi fraternity and the City of San Luis Obispo. We recognize
that there may at times be differences of opinion regarding the best way to address certain issues, but
there remains a shared goal and objective: to craft clear, reasonable, and enforceable conditions that
support the fraternity’s continued operation in a manner that is safe, responsible, and compatible with
the surrounding community. Through thoughtful dialogue and partnership, we believe these
conditions can be refined to achieve that balance.
C ondition of Approval 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.
COMMENT: (a clarification for the record) Delta Chi had received three (3) "violations" in the
past twelve 12 months, although one was successfully appealed by the time of the May 28, 2025
Planning Commission hearing. This is an important clarification, as the condition of approval wording
clearly states that the permit can be up for review if three (3) (emphasis added) citations are received
within a twelve (12) months period and (again, emphasis added) the conduct for which the
citations were issued resulted in adverse impacts to, or complaints from, residents or occupants of the
surrounding neighborhood. While nuanced, this distinction may have prevented the Planning
Commission’s revocation decision.
C onditional of Approval 4.
Routine meetings and gatherings for the fraternity shall be limited to a maximum of 54 people (rounded down from
54.45 = 36.3 people x 1.5), except as otherwise approved by the Community Development Director for special events.
If the fraternity hosts special events involving more than 54 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 54 people at the property without valid approval from the
Community Development Director shall be considered a violation of this Conditional Use Permit.
COMMENT: We believe that the focus should not be on the quantity of the people on the property,
but on the impact of the gathering on the community, as regulated by objective standards, such as
MC Title 9 Chapter 9.12 Noise Control, Chapter 9.13 Unruly gatherings, and Chapter 9.22 Safety
Enhancement Zones.
Page 382 of 415
Attachment 3
Page 2 of 2
Interestingly, we agree with the City’s response to the recent Grand Jury report regarding standard
conditions,
"Setting constraints like a uniform set of conditions on the exercise of discretion diminishes
the usefulness of the review process to address specific needs over time or for unique
circumstances that may exist at specific properties or with particular groups or organizations."
Creating a CUP with a custom set of conditions of approval for each fraternity would recognize the
differences in the size of the property, number of building occupants allowed, number of parking
spaces, and even its location, such as the proximity to Cal Poly. Currently, the one-size-fits-all
calculation takes none of the aforementioned into consideration.
An example of the need for more customized conditions of approval is found in the revised COA no.
4, that limits the maximum number of residents to thirty five (35) people living on the property, while
limiting the maximum number of routine meetings and gatherings to 1.5 times the number of residents
or fifty-four (54) people. This is unrealistic and flawed, as there is no consideration of the very site
and fraternity specific aspects.
For the sake of comparison, and to underscore the need to eliminate the “one size fits all” CUP
conditions of approval, the 1.5 formula has been used for other fraternity CUPs, e.g., 2024 Lamda Chi
and the 2021 Delta Gamma. Unfortunately, the calculation does not factor in the number of residents,
interior building square footage (SF), parking and alternative modes of transportation, both on- and
off-site. For example,
• Delta Chi accommodates 370 SF per resident, which is higher ratio than Lambda Chi's 240
SF per resident.
• Delta Chi has far more residents than Delta Gamma – where they have six (6) residents
Delta Chi has thirty five (35) residents.
• The Alpha Gamma Delta 2016 CUP was calculated at 2.1 times their residents.
• Delta Chi maintains thirty two (32) parking spaces, a fair amount greater than other
fraternities, and because of the proximity to the Cal Poly campus, there is no less than forty
(40) additional and available parking spaces on campus within 200 feet of the Delta Chi
property.
In closing, it is essential to move beyond a “one size fits all” approach to fraternity conditional use
permit conditions of approval and instead adopt a framework that is tailored to the specific
circumstances of each house and organization. This does not diminish the City’s discretionary
authority over permit review and approval; rather, it acknowledges that each fraternity operates within
its own context, with unique physical constraints, membership structures, and operational goals. By
crafting site- and fraternity-specific conditions, the City can more effectively ensure lasting
compatibility with surrounding neighborhoods, encourage accountability, and support solutions that
are practical, enforceable, and responsive to genuine community concerns.
Page 383 of 415
Page 384 of 415
1
Proposed Revisions to the Delta Chi
CUP Conditions and Alternative Support for Findings
(Note: Page 7 outlines how these revisions support the required finding the Council will
need to approve for the De Novo Appeal)
Proposed Revisions with Annotations:
SECTION 3. Action. The Planning Commission hereby approves the Conditional
Use Permit to allow the continuation of the fraternity (USE -0332-2025), 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 May 28, 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. If there are two (2) citations within any 12-month
period for a violation of law or permit condition that meet conditions (a) and (b)
above, the fraternity shall submit a plan on how they will prevent future an additional
violation of law or permit condition that meet conditions (a) and (b). 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.
NARRATIVE:
This revision is to help correct the action before it hits three revisions and requires re -
review which expends staff time and room on agendas. By incorporating an action plan
to resolve 2 violations, it will help ensure that if there are any violations.
3. The fraternity shall be limited to a maximum of 35 residents for the property ,
averaging 370 sq ft per resident above the 60 sq ft minimum in 17.86.130,. 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
Page 385 of 415
2
be scheduled at a reasonable time with at least 24 -hour notice to the residents.
NARRATIVE: See condition 4 reasoning.
4. Routine meetings and gatherings for the fraternity shall be limited to a maximum of
1 guest per 90 square feet of living space, 1.5 times the minimum occupancy
requirements of 60 square feet per resident outlined in 17.86.130 54 people
(rounded down from 54.45 = 36.3 people x 1.5), except as otherwise approved by
the Community Development Director for special events submitted to the
Community Development Director as part of their annual event plan. The annual
event plan shall include planned events on the property beyond routine meetings
and gatherings which would cover social, philanthropy, alumni, parents and
recruitment events. The plan shall be reviewed, approved or denied within 30 days.
After approving the plan, the fraternity shall provide any changes and updates to
the plan as soon as practicable. As part of that annual event plan, the fraternity
shall provide If the fraternity hosts special events involving more than 54 people ,
a transportation management plan for events beyond routine meetings and
gatherings 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 1
guest per 90 sqft of living space54 people at the property without valid approval
from the Community Development Director shall be considered a violation of this
Conditional Use Permit.
NARRATIVE:
Occupancy:
This revision is intended to provide a more objective standard to help determine the
appropriate amount of total occupants on a property at one time. As it has been noted in
the Staff Report and the City Response to the Grand Jury Report that each property is
unique, but applying consistent rules are crucial. This 90 Sqft minimum for a residents
for total occupants aligns with the 1.5x rule of the residents of a property, but allows it
align with the concrete 60 sqft minimum in SLO Code 17.86.130 for fraternity and
sorority housing. Using a per square foot standard also takes into account the
uniqueness of each property, which the city has cited as necessity to plan for the unique
circumstances that may exist at specific properties or with particular groups or
organizations. The property at 1236 Monte Vista Place is designated R-4 and averages
370 sqft per resident, 54% higher than the recent Lambda Chi CUP sqft per resident and
110% higher than the recent Delta Gama CUP sqft per resident.
Event Plans:
Providing a single event plan that outlines the events the Fraternity plans to host at the
organization during the summer planning period allows for the Fraternity to plan
Page 386 of 415
3
appropriate for annual events and time to work out any issues with the city regarding
those planned events for the upcoming academic year. Consolidating the event planning
submittals to the city into a single plan helps reduce staff time for the city and
concentrates it during the summer period where the schedule is reduced. This modified
condition also recognizes that things change, so it requires the fraternity to also continue
to communicate any changes to the annual event plan to the community developme nt
director.
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 Development
Department and Neighborhood Services Manager of the Police Department on an
annual basis. The fraternity shall provide the name and contact information (i.e.,
phone number and email address) of the President of the Alumni board of Trustees
and the President of the Housing Corporation to the Community Development
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.
NARRATIVE: The Fraternity heard from the Planning Commission that they were
concerned the student organization was not aware of the requirements of the CUP, and
they were frustrated by a lack of continual oversight. We also heard in recent planning
commission and council meetings that with students transitioning every year and normal
students not remaining more than 4-5 years, it is crucial the alumni organizations advising
the Fraternity on organizational and property matters maintain good communication with
the city. Requiring this contact information to the city and updating it on an annual basis
aims to address those concerns.
7. The Fraternity shall have an annual education program for the fraternity about the
existence and requirements of the Conditional Use Permit.
8. The fraternity shall create a good neighbor management plan to reduce impacts to
the surrounding neighborhood shall be submitted to the Community Development
Department, at least 30 days before the commencing of the fall academic period.
NARRATIVE: The planning commission express concerns that there needs to better
community outreach and collaboration to make sure the neighborhood is a good place to
live for all. At recent city council meetings, the Mayor rightfully noted that neighborhoods
should be good places to live whether residents are living here a year, 4 years or 40 years.
Page 387 of 415
4
In response to all those concerns, the fraternity wants to be a positive proactive partner in
the community, and plans to implement a good neighbor management plan to facilitate
communication with our long term and student neighbors. This plan would go bey ond just
pre-notification before events, but to facilitate open communication on neighborhood
issues including cleanliness, service events and parking.
9. The Fraternity shall have a community service program with no less than three
community service events a year benefiting the community of San Luis Obispo.
NARRATIVE: The Planning Commission and City Council wants to ensure we improve
neighborhood livability. As a fraternity, we already pride ourselves on a strong culture of
community service and philanthropy. We recognize the importance of being intentional
and consistent in our efforts to positively impact our local community. This condition helps
balance the privilege of operating a fraternity house with the responsibility of contributing
to the surrounding neighborhood, while also addressing common concerns about fraternity
impacts by encouraging goodwill and civic engagement. It sets a clear, measurable
expectation that supports student leadership and aligns with broader city goals related to
community wellness and public involvement. By formalizing our commitment to service,
this condition ensures that Delta Chi continues to be a respectful, engaged, and
contributing presence in San Luis Obispo.
710. 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.
118. A minimum of 32 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.
129. At the beginning of every academic year,Within 60 days of the re-review hearing
with the Planning Commission on May 28, 2025 , due the property’s proximity
adjacent to campus, the fraternity shall offer bicycle parking to every resident, up
toinstall a minimum of 35 bicycle spaces (one for each resident) and contact the
City for a follow-up inspection to verify that all required bicycle spaces have been
installed.
NARRATIVE: The city has noted that setting constraints like a uniform set of conditions
on the exercise of discretion diminishes the usefulness of the review process to address
specific needs over time or for unique circumstances that may exist at specific properti es
or with particular groups or organizations. SLO's 17.72.070 bicycle parking standards
allow for alternative compliance. Since acquiring our property in 2012, Delta Chi has
remained committed to supporting active transportation and minimizing impacts on street
parking. From the outset, we have provided bicycle parking on -site for our members.
However, given the uniqueness of the property location by campus and the ample square
footage available to residents, many prefer to store their bicycles inside thei r units.
Additionally, because of the property's close proximity to Cal Poly, the majority of residents
and visiting members walk rather than drive or bike to the house. As a result, the existing
Page 388 of 415
5
on-site parking and bike racks have proven sufficient. We would be happy to offer to install
bike racks for every resident annually, and commit to installing those improvements for
any resident who needs it.
130.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.
Resolution No. PC-XXXX-25 Page 5
141.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.
152.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.
163.Unless otherwise approved by the Community Development Director, the building
permits to resolve the open code enforcement case regarding unpermitted
conversion of non-habitable space (e.g., balconies, decks, and sunrooms) to
Sleeping areas shall be finale within six (6) months following the May 28, 2025
Planning Commission re-review hearing or prior to leasing the affected residential
units to new tenants for the next academic year, whichever occurs first. Failure to
complete the required work to resolve the open code enforcement case within the
preceding timeframe shall result in the automatic revocation of this Conditional
Use Permit. (COMPLETED)
NARRATIVE: We completed the repair work on the open code enforcement case
regarding unpermitted conversion of non-habitable spaces which occurred prior to us
occupying the property in 2012.
164.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.
Resolution No. PC-XXXX-25 Page 6
Effect of Resolution
This Resolution repeals and replaces Resolution No. 5230-98 (1998 Series). The
Page 389 of 415
6
Conditional Use Permit to allow the continuation of a fraternity at 1236 Monte Vista Place
is subject to the revised conditions stated in this Resolution.
.
Page 390 of 415
7
Supporting the Necessary Findings with Modified Conditions:
How these changes support the required findings on appeal. Knowing that the planning
commission had a challenge with being able to make these findings giving the previously
drafted revisions, we think the modifications above help address the findings in the
following ways:
1. The proposed use is consistent with the general plan and any applicable specific
plan;
Reasoning: As the staff has noted in the original May 28 Staff Report, “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. I n
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 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;
Reasoning: As the staff has noted in the original May 28 Staff Report,
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;
Reasoning: As the staff has noted in the original May 28 Staff Report, “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 Regulatio ns
because (a) the maximum number of 35 residents complies with the group housing
maximum occupancy limits, (b) the parking configuration would provide 32 required
spaces, consistent with the nonconforming parking space capacity of the apartment
complex per Section 17.72.060 of the San Luis Obispo Municipal Code (Nonconforming
Parking),”and (c) the required offering of bicycle parking spaces for all residents up to 35
spaces complies with current bicycle parking requirements per Section 17.72.070
(Bicycle parking standards) through an alternative form of compliance authorized by the
city Bicycle parking standards.
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
Page 391 of 415
8
d. The provision of utilities (e.g., potable water, schools, solid waste collection and
disposal, storm drainage, wastewater collection, treatment, and disposal, etc.).
REASONING: As the staff has noted in the original May 28 Staff Report, “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
continue to (a) be in proximity to other dense group housing (i.e., other fraternities,
sororities, multi-family, etc.), (b) be located within walking distance (i.e., within 0.1-mile)
of the Cal Poly campus, and (c) utilize an existing developed multi-family property. 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 is served by City utilities. The project utilizes an existing developed multi-
family property and does not include activities that would generate service.”
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.
REASONING: The proposed conditions of approval for the Delta Chi Fraternity’s
Conditional Use Permit provide a comprehensive and proactive framework to ensure
that the continued operation of the fraternity will not be detrimental to the health, safety,
or welfare of the general public, nearby residents, or surrounding properties. These
conditions directly address concerns raised by the Planning Commission and the
community, particularly through clear limitations on occupancy, structured event
management, and improved accountability. By tying occupancy to objective square
footage standards and requiring an annual event plan —including transportation
management for large events—the fraternity demonstrates a commitment to minimizing
impacts such as noise, crowding, and traffic. The condition requiring a formal good
neighbor management plan ensures ongoing communication and collaboration with
nearby residents, helping to address issues like cleanliness, parking, and livability.
Additionally, early intervention measures, such as requiring an action plan after two
violations, strengthen enforcement and reduce staff burden. Annual updates of contact
information for both student and alumni leadership improve oversight and ensure
consistent communication with City staff. Finally, the requirement for at least three
community service events per year formalizes the fraternity’s commitment to being a
contributing and engaged part of the San Luis Obispo community. Approving the
Conditional Use Permit further supports the required finding by providing the City with a
clear framework for ongoing oversight and accountability, which enables more effective
regulation of the property than if no CUP were in place.
Page 392 of 415
ATTACHMENT E - STAFF ANALYSIS OF APPL-0665-2025 APPELLANT SUBMITTED MODIFICATIONS AND
ADDITIONS TO DRAFT CONDITIONS OF APPROVAL
At the May 28, 2025 Planning Commission hearing, staff recommended the Planning Commission allow continuation of the
fraternity subject to a modified Use Permit. With staff’s recommendation, draft Conditions of Approval were included in the
draft Resolution attached to the May 28, 2025 Planning Commission Agenda Report (PCAR). The Planning Commission
rejected staff’s recommendation and revoked the Use Permit.
In the Second Supplemental Statement, submitted on September 22, 2025, the Appellant proposed draft Conditions of
Approval based on the May 28, 2025 PCAR draft Conditions. The Appellant stated if their proposed draft Conditions of Approval
were adopted, the fraternity would meet the required findings for modification of the Use Permit and continuance of use as a
fraternity. Staff evaluated the differences between staff’s recommended draft Conditions and the Appellant’s draft Conditions
in the table below. Staff’s draft conditions from the May 28, 2025 PCAR are in left hand column, the Appellant proposed
amendments and additions to the draft Conditions are in the middle column, and staff’s associated response and
recommendations are in the right hand column.
With Planning Commission’s revocation of the Use Permit and the fraternity’s subsequent appeal, Use Permit U106-98 is
currently still in effect, and the active Conditions of Approval of U106-98 can be reviewed in Attachment B.
Staff’s Draft Conditions from
5/28/25 PCAR Recommendation
Proposed Changes from Appellant
(Additions italicized and underlined)
Staff Response and Recommendation
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 May 28, 2025, or in the event
of a change in ownership which
may result in deviation from the
project description or approved
plans.
No change N/A
Page 393 of 415
Attachment E of APPL-0665-2025 Page 2
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.
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. If there are
two (2) citations within any 12-month
period for a violation of law or permit
condition that meet conditions (a) and
(b) above, the fraternity shall submit a
plan on how they will prevent future an
additional violation of law or permit
condition that meet conditions (a) and
(b). 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.
This proposed revision indicates that a
plan describing how the fraternity would
prevent future violations upon receipt of
two (2) citations. It is unclear how the
review, processing, implementation, and
enforcement of the plan would be
accomplished without significant City
staff time and resources that are not
accounted for in the Use Permit
application process and associated fees.
Implementation of such a plan should be
applied as a regular best practice so that
the fraternity does not receive any
citations.
Staff does not recommend amending
this condition of approval because it is
unclear how the review, processing,
implementation, and enforcement of
the plan would be accomplished.
3 The fraternity shall be limited to a
maximum of 35 residents for the
property. The property owner shall
allow the City to verify the
maximum occupancy by allowing
an inspection of records or visual
The fraternity shall be limited to a
maximum of 35 residents for the
property, averaging 370 sq ft per
resident above the 60 sqft minimum in
17.86.130. The property owner shall
allow the City to verify the maximum
This proposed amendment provides the
square footage calculation per resident.
This is a minor amendment to the
condition of approval that is not
necessary, however could be added if
determined to be helpful.
Page 394 of 415
Attachment E of APPL-0665-2025 Page 3
inspection of the premises. Any
inspection shall be scheduled at a
reasonable time with at least 24-
hour notice to the residents.
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.
4 Routine meetings and gatherings
for the fraternity shall be limited to
a maximum of 54 people (rounded
down from 54.45 = 36.3 people x
1.5), except as otherwise approved
by the Community Development
Director for special events. If the
fraternity hosts special events
involving more than 54 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 54 people at the
property without valid approval
from the Community Development
Director shall be considered a
violation of this Conditional Use
Permit.
Routine meetings and gatherings for the
fraternity shall be limited to a maximum
of 1 guest per 90 square feet of living
space, 1.5 times the minimum
occupancy requirements of 60 square
feet per resident outlined in 17.86.130
except as otherwise approved by the
Community Development Director for
special events submitted to the
Community Development Director as
part of their annual event plan. The
annual event plan shall include planned
events on the property beyond routine
meetings and gatherings which would
cover social, philanthropy, alumni,
parents and recruitment events. The
plan shall be reviewed, approved or
denied within 30 days. After approving
the plan, the fraternity shall provide any
changes and updates to the plan as
soon as practicable. As part of that
annual event plan, the fraternity shall
provide a transportation management
plan for events beyond routine meetings
and gatherings to reduce impacts to the
surrounding neighborhood shall be
submitted to the Community
Development Department for review
and approval. No exception from the
The method used by staff to calculate
maximum capacity for routine meetings
and gatherings is based on current
practices and recent fraternity and
sorority use permit approvals. The
number of people allowed onsite for
routine meetings and gatherings is 1.5
times the average population density (=
36 person population for this site). This
calculation takes into consideration the
residential population assumptions set
forth in the General Plan Land Use
Element based on the land use
designation and zone and the site/lot
area and constraints. The proposed
amendment identifies that there would be
1 guest per 90 s.f of living space. The
total residential square footage on the
subject Property is approximately 13,764
s.f and as proposed 152 total people
would be allowed at the site compared to
the 54 total people allowed on the site in
the original condition.
Staff does not recommend this
proposed amendment because the
maximum capacity is not consistent
with the Land Use Element or site
considerations and constraints.
Page 395 of 415
Attachment E of APPL-0665-2025 Page 4
Noise Ordinance shall be approved by
the Director as Part of the special event.
Presence of more than 1 guest per 90
sqft of living space at the property
without valid approval from the
Community Development Director shall
be considered a violation of this
Conditional Use Permit.
The proposed amendment would require
the Community Development Director to
review fraternity events outside the
standards and procedures of the Zoning
Regulations (which are in place to ensure
that such uses are compatible with their
surroundings and the intent of the
regulations).
Staff does not recommend adopting
the proposed amendment because it
is inconsistent with Zoning
Regulation’s Processes and
Procedures. The original condition of
approval allows the fraternity to apply
for a temporary and intermittent use
permits (SLOMC §17.113) for special
events that surpass the maximum
gathering limit as allowed within an
approved CUP.
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.
No change N/A
6 The fraternity shall provide the
name and contact information (i.e.,
phone number and email address)
The fraternity shall provide the name
and contact information (i.e., phone
number and email address) of all
Providing additional contacts for the
fraternity organization to the Community
Development and Police Departments
Page 396 of 415
Attachment E of APPL-0665-2025 Page 5
of all responsible parties to the
Community Development
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.
responsible parties to the Community
Development Department and
Neighborhood Services Manager of the
Police Department on an annual basis.
The fraternity shall provide the name
and contact information (i.e., phone
number and email address) of the
President of the Alumni board of
Trustees and the President of the
Housing Corporation to the Community
Development 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.
could be beneficial.
Staff recommends considering this
amendment because it could be
beneficial in boosting education and
communication opportunities
between the City and the fraternity.
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.
No change N/A
8 A minimum of 32 parking spaces
shall be provided and maintained
at all times. These spaces shall
No change N/A
Page 397 of 415
Attachment E of APPL-0665-2025 Page 6
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 May 28, 2025, the
fraternity shall install a minimum of
35 bicycle spaces (one for each
resident) and contact the City for a
follow-up inspection to verify that
all required bicycle spaces have
been installed.
At the beginning of every academic year
due the property’s proximity adjacent to
campus, the fraternity shall offer bicycle
parking to every resident, up to 35
bicycle spaces (one for each resident)
and contact the City for a follow-up
inspection to verify that all required
bicycle spaces have been installed.
Per SLOMC §17.72.070(B) (Bicycle
parking standards; Table 3-6) the site is
required to have 35 bicycle parking
spaces (one bicycle space per bed) at all
times and does not allow changes in the
number of spaces based on the number
of residents that do or do not have
bicycles.
Staff does not recommend amending
the condition because it is
inconsistent with Zoning Regulation’s
current requirements.
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.
No change N/A
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
No change N/A
Page 398 of 415
Attachment E of APPL-0665-2025 Page 7
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.
No change N/A
13 Unless otherwise approved by the
Community Development Director,
the building permits to resolve the
open code enforcement case
regarding unpermitted conversion
of non-habitable space (e.g.,
balconies, decks, and sunrooms)
to sleeping areas shall be finaled
within six (6) months following the
May 28, 2025 Planning
Commission re-review hearing or
prior to leasing the affected
residential units to new tenants for
the next academic year, whichever
occurs first. Failure to complete the
required work to resolve the open
code enforcement case within the
preceding timeframe shall result in
the automatic revocation of this
Conditional Use Permit.
Noted that corrections have been
completed.
Code Enforcement case (CODE-000610-
2021) related to unpermitted
conversation of non-habitable space has
been resolved and the site is now
compliant with no active, open Code
Enforcement cases.
Staff would recommend removing this
condition.
Page 399 of 415
Attachment E of APPL-0665-2025 Page 8
14 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.
No change. N/A
N/A The Fraternity shall have an annual
education program for the fraternity
about the existence and requirements of
the Conditional Use Permit.
An annual education program regarding
Conditional Use Permit requirements
could be beneficial to both the fraternity
and the City. However, it is unclear how
implementation of the program would be
accomplished, and if included as a
condition, it is unclear how staff would
verify condition compliance
Staff recommends considering this
amendment because it could be
beneficial, however, it is unclear how
implementation of the program would
be accomplished and how staff would
verify condition compliance.
N/A The fraternity shall create a good
neighbor management plan to reduce
impacts to the surrounding
neighborhood shall be submitted to the
Community Development Department,
at least 30 days before the commencing
A good neighbor management plan could
be beneficial to both the fraternity and the
City. However, it is unclear how review,
processing, implementation, and
enforcement of the plan would be
accomplished without significant City
Page 400 of 415
Attachment E of APPL-0665-2025 Page 9
of the fall academic period. staff time and resources that are not
accounted for in the Use Permit
application process and associated fees.
Note: Draft Condition No. 11 includes
requirements for neighborhood outreach
for special events that are approved by
the Community Development
Department.
Staff recommends considering this
amendment because it could be
beneficial, however, it is unclear how
review, processing, implementation,
and enforcement of the plan would be
accomplished.
N/A The Fraternity shall have a community
service program with no less than three
community service events a year
benefiting the community of San Luis
Obispo.
A community service program could be
beneficial to both the fraternity and the
City. However, there is no land use nexus
for requiring such a condition, but with the
appellant volunteering the addition of the
program, express consent should be
made clear in the condition language. It is
also unclear how such a program would
be implemented and how staff would
verify condition compliance .
Staff recommends adding this
condition of approval because it could
be beneficial, however there is no land
use nexus for requiring such a
condition, and if this specific applicant
is volunteering it, then their express
consent should be made clear in the
condition language. Additionally, it is
unclear how implementation and
Page 401 of 415
Attachment E of APPL-0665-2025 Page 10
enforcement of the program would be
accomplished.
Page 402 of 415
1
Appeal of Revocation of Fraternity
Conditional Use Permit
APPL-0665-2025/USE-0332-2025 (1236 Monte Vista Place)
City Council Hearing –October 21, 2025
2
Recommendation
Adopt a Draft Resolution denying an appeal and upholding the Planning
Commission’s decision to revoke the use permit for a fraternity located at 1236
Monte Vista Place.
3
Project Site
High-Density Residential (R-4) Zone
Developed property of two-and three-story
multifamily structures with 26 bedrooms and
various site improvements
Irregularly-shaped lot with access from Monte
Vista Place
In proximity to other fraternities and multi-family
residences; northern boundary abuts Cal Poly
SLO campus
4
Background
Original Use Permit (U106-98) Approval in 1998
Delta Chi moved to Property and continued use as a fraternity under U106 in 2012
Limits residents to maximum of 35 people and gatherings or events to 53 people
History of Fraternity Violations
2 Police Dept. citations issued from September 2024 until March 2025
•1 successfully appealed noise violations and 1 unruly gathering violation
Code Enforcement issued a Notice of Violation on March 19, 2025
5
Background
Referral for Review and Additional Violations
The Director referred Use Permit to Planning Commission for review per Condition 11
of U106-98:
11. 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. The Planning
Commission may consider adding a condition requiring fraternity officers to perform a
community service project in the neighborhood.
1 Police Dept. Citation issued on April 18, 2025, after the fraternity had been notified of
the upcoming Planning Commission review
6
Planning Commission Action
Planning Commission Hearing –May 28, 2025
Voted 5-0 to revoke the Use Permit (USE-0332-2025), based inability to make required
findings from SLOMC 17.110.70.Specifically,
•Planning Commission found that the design, location, size, and operating
characteristics of the use was not compatible with residential uses in the vicinity
•Planning Commission found that continued use of the property as a fraternity under
the Use Permit was not appropriate for the subject location, was incompatible with
the neighborhood, and would be detrimental to the health, safety, and welfare of
persons living or working at the site or in the vicinity
7
Appeal
Appellant filed a timely appeal on June 20, 2025, and provided supplemental appeal
materials on July 11 and September 22, 2025
The Appellant:
Asserts that the revocation was premature and that issues cited can be effectively
addressed through collaboration with City staff and other stakeholders
Requests that City Council uphold the appeal, reverse the Planning Commission’s
decision, direct City staff to collaborate with the fraternity and community to draft
Conditions of Approval, and adopt a modified Conditional Use Permit with said drafted
conditions
8
Appeal Issue No. 1
Issue No. 1 –Good-Faith Reliance, Cooperative History, and Severe and
Disproportionate Penalty
Appellant states they have committed to reducing incidents that lead to citations or use
permit violations and working with City staff to comply with permit conditions and
address neighborhood concerns
Appellant states that revocation imposes a severe and disproportionate penalty.
9
Appeal Issue No. 1 –Staff Response
Staff acted in accordance with the Municipal Code by conducting a judicial
process for the review of potential violations of conditions of approval for
an authorized use
Several citations, complaints, and Use Permit violations contributed to the Director’s
referral of the Use Permit to the Planning Commission for re-review in accordance with
Condition of Approval No. 11 of U106-98
As described in Condition No. 11, revocation of the use permit is one possible outcome
of a review instigated from a complaint
10
Appeal Issue No. 1 –Staff Response Continued
Complaints and Violations:
•March 3, 2025 –Police issued citation for noise violation, successfully appealed
•March 9, 2025 –Police received complaint for noise, no citation issued
•March 15, 2025 –Police issued citation for unruly gathering (St. Fratty’s Day)
•March 19, 2025 –Code Enforcement issued NOV and Director referred Use Permit
to Planning Commission for review
•April 18, 2025 –Police issued citation for noise violation
•October 4, 2025 –Police issued citation for noise violation
11
Appeal Issue No. 1 –Staff Response Continued
The organization’s actions constituted a public nuisance and caused a substantial
disturbance of the quiet enjoyment of private property in the immediate neighborhood
The Planning Commission’s decision to revoke the Use Permit would not be considered
a severe or disproportionate penalty
Note:
•The property may continue to be used for residential uses
•Revocation of the Use Permit does not allow the site to be used as a fraternity or
sorority house and requires regular operations, such as chapter meetings and
special events, to cease on site
12
Appeal Issue No. 2
Issue No. 2 -Collaborative Process for Constructive Resolution
Appellant requests that City Council uphold the appeal and direct staff to collaborate
with the fraternity and community to draft clear and achievable Conditions of Approval
Appellant has proposed modifications to the draft Conditions of Approval included in the
draft Resolution that was a part of the May 28th Planning Commission Agenda Report
Appellant states the drafted modifications and additions address concerns raised by the
Planning Commission, and if adopted, would allow fraternity operations to satisfy the
required findings
13
Appeal Issue No. 2 –Staff Response
Insufficient evidence to address Planning Commission concerns
Appellant has not provided sufficient evidence to address the concerns raised by the
Planning Commission that operation of a fraternity is appropriate for the subject location,
compatible with the neighborhood, and will not be detrimental to the health, safety, and
welfare of people living or working at the site or in the vicinity
Staff evaluated the modified Conditions of Approval and while many of the changes are
potentially beneficial, they are still conceptual and lack information relating to
implementation, or how implementation would effectively change the operations and
behavior of the fraternity
14
Proposed Modifications and Additions to Draft COAs
COA #2:When two citations are received,the fraternity would submit a plan on how they
will prevent future violations
COA #4:Increase the number of people allowed on the site for meetings and gatherings
from 54 to 154 people
COA #4:Submit annually to the Community Development Director an event plan that
would include all activities outside of regular meetings and gatherings
COA #6:Provide the name and contact of the President of the Alumni board of Trustees
and the President of the Housing Corporation to the CDD and the Police Department
New Conditions:
Annual education about the CUP
Create a good neighbor management plan
Conduct three community service events each year benefiting the community of SLO
15
Appeal Issue No. 2 –Staff Response Continued
The appeal process does not provide an effective avenue to support a collaborative
conversation or the time necessary to modify the existing Use Permit
The Appellant may re-apply, at any time, for a new use permit; at which time, staff would
collaborate with the applicant and other stakeholders on their application proposal
Note: If City Council directs staff to undertake the effort requested by the Appellant, the
appeal would need to be continued to provide time for staff, the Appellant, and the
community to discuss the proposed conditions and then return for consideration of a
revised Use Permit and proposed findings
16
City Council Consideration
“De novo” Review
De novo review means that the City Council must exercise its independent judgment to
determine if the Applicant/Appellant’s Use Permit should be modified, revoked, or remain
in effect as it was prior to the Planning Commission’s revocation
City Council is not bound by the Planning Commission’s findings or conclusions
City Council decision shall be made based on the required findings in SLOMC
§17.110.070.
17
Required Findings
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 allotherapplicableprovisionsofthesezoningregulationsandthemunicipalcode;
3.The design,location,size,and operating characteristics of the proposed activity will be compatible withtheexistingandfuturelandusesinthevicinity;
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,stormdrainage,wastewater collection,treatment,and disposal,etc.).
5.The establishment and subsequent operation or conduct of the use will not,because of thecircumstancesandconditionsappliedintheparticularcase,be detrimental to the health,safety orwelfareofthegeneralpublicorpersonsresidingorworkingintheneighborhoodoftheuse,or bedetrimentalorinjurioustopropertyorimprovementsinthevicinityoftheuse.
18
Alternatives
1.Continue review of the appeal. The City Council may continue the review of the appeal
with direction to staff regarding additional information or analysis required to make a
decision.
2.Uphold the appeal and modify the Use Permit. The City Council may uphold the
appeal and modify the findings and/ or conditions of approval based on consistency with
the General Plan, Zoning Regulations, or other policy documents. The City Council may
consider and incorporate any of the Appellant’s submitted modified conditions.
3.Uphold the appeal and retain the existing Use Permit as is. The City Council may
uphold the appeal and retain the Use Permit with the existing findings and conditions of
approval.
19
Recommendation
Adopt a Draft Resolution denying an appeal and upholding the Planning
Commission’s decision to revoke the use permit for a fraternity located at 1236
Monte Vista Place.
20
21
Existing COA for U 106-98
1.No more than thirty-five (35) persons shall reside at the site at any time. The applicant shall allow
the city to verify occupancy by allowing an inspection of the records or by a visual inspection of the
premises. Any inspection shall be at a reasonable time and shall be preceded by a 24-hour notice
to the residents.
2.A minimum of thirty-two (32) on-site parking spaces to city standards shall be provided and
maintained at all times for the intended use.
3.The property shall be maintained in a clean and orderly manner. All plant materials shall be
maintained and replaced as necessary.
4.The maximum number of persons allowed on the site for routine meetings an gatherings is 53,
except as specifically approved by the Community Development Director for special events. For
such special events, the applicant shall also submit a parking and transportation plan.
5.No meetings, parties, or other types of similar activities involving persons other than residents are
allowed between the hours of 10 p.m. and 9 a.m., except as approved by the Community
Development Director.
22
Existing COA for U 106-98
6.The applicant shall institute and maintain a neighborhood relations program. This plan
shall include at least the following elements:
•Annual training of all members in community relations.
•A program to inform neighbors of upcoming events at the house.
•Submission of names and telephone numbers of responsible persons, including
the alumni president and chief financial officer, to the Community Development
Department and to the neighbors within two blocks of the house. Responsible
persons shall be available during all events and at reasonable hours otherwise, to
receive and handle complaints.
Evidence of implementation of said plan shall be submitted to the director for review each
year. Failure to exercise reasonable efforts to implement said plan may be grounds for
revocation of this permit.
23
Existing COA for U 106-98
7.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.
8.There shall be no freestanding signs on the premises. Signs shall be limited to signs
located on building faces or fences.
9.The applicant shall submit a landscaping plan to the Community Development Director
for review and approval. All landscaping shall be installed per the approved plan.
10.The existing trash dumpster shall be removed from the sidewalk and relocated to the
concrete pad existing in the parking lot near the driveway entry to the site. An enclosed
trash and recycling area shall be created to the approval of the Community Development
Director with adequate space for both the dumpster and recycling containers.
24
Existing COA for U 106-98
11.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.
The Planning Commission may consider adding a condition requiring fraternity officers to
perform a community service project in the neighborhood.
12.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 may constitute grounds for
revocation of this permit.