HomeMy WebLinkAbout10/21/2025 Item 7d, Tway and Patino - Staff Agenda CorrespondenceCity of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: October 21, 2025
TO: Mayor and Council
FROM: Timmi Tway, Community Development Director
Prepared By: Mallory Patino, Assistant Planner
VIA: Whitney McDonald, City Manager
SUBJECT: ITEM 7d - 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)
Staff received the following questions regarding noise violations and citation issuance,
and the applicant and appellant of USE-0332-2025 and APPL-0665-2025. The questions
are below in bold with staff’s response shown in italics:
1) When a noise violation is issued at the fraternity house, who receives the
citation? An individual or the fraternal organization?
Citations for noise violations are issued by the Police Department to the person or
persons in violation. When the violators are a large group, the Police identify an
individual tenant of the property to issue the citation directly to. The Police issue a
separate citation for the violation to the property owner/landlord (if they are not the
persons in violation) upon a second or successive violations. All tenants of 1236
Monte Vista Place are members of the Delta Chi fraternity organization.
A noise violation citation from the Police Department constitutes, at minimum, a
violation of Use Permit (U106-98) Condition No. 121. Notice of Violations or
Citations for Use Permit violations are issued to the property owner by Code
Enforcement. A copy of the notice is provided to the tenants of the property.
1 Condition 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.
Item 7d. 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) Page 2
2) Can you clarify who is applying for the CUP and who has appealed? Is it the
"Delta Chi Fraternity" and/or the property owner (the housing corporation)?
The applicant for the original Use Permit (U106-98, approved in 1998) was Kappa
Sigma Housing Corporation. Per Municipal Code Section 17.110.090, CUPs
“…shall run with the land and continue to be valid upon a change of ownership of
the business, parcel, service, structure, or use that was the subject of the permit
application in the same area, configuration, and manner as it was originally
approved.” Delta Chi fraternity moved into 1236 Monte Vista Place in 2012 and
assumed use of the Use Permit. The Community Development Director referred
the Use Permit for re-review by Planning Commission (USE-0332-2025) and Delta
Chi Fraternity was listed as the “applicant.” Delta Chi Fraternity appealed the
Planning Commission’s decision to revoke the Use Permit for operation of a
fraternity at 1236 Monte Vista Place (APPL-0665-2025). Neither of these entities
are the property owner.