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HomeMy WebLinkAboutItem 4b. Re-review of an existing conditional use permit for operation of a fraternity at 1264 & 1264 1.5 East Foothill Blvd & 1241 1243 1249 & 1251 Monte Vista (MOD-0029-2026) PLANNING COMMISSION AGENDA REPORT SUBJECT: RE-REVIEW OF AN EXISTING CONDITIONAL USE PERMIT FOR OPERATION OF A FRATERNITY LOCATED AT 1264 AND 1264 ½ EAST FOOTHILL BOULEVARD AND 1241, 1243, 1249, AND 1251 MONTE VISTA PLACE (MOD-0029- 2026) PROJECT ADDRESS: BY: Mallory Patino, Assistant Planner 1264 and 1264 ½ East Foothill Blvd. and Phone Number: (805) 783-7704 1241, 1243, 1249, and 1251 Monte Vista Pl. Email: mpatino@slocity.org FILE NUMBER: MOD-0029-2026 APPLICANT: Lambda Chi Alpha FROM: Tyler Corey, Deputy Director RECOMMENDATION Adopt a Resolution revoking the existing Conditional Use Permit, USE-0331-2023 / APPL-0365-2024, for operation of a fraternity at 1264 and 1264 ½ East Foothill Boulevard and 1241, 1243, 1249, and 1251 Monte Vista Place. SITE DATA Applicant General Plan Land Use Designation Zone Site Area Environmental Determination Lambda Chi Alpha High Density Residential (HDR) High-Density Residential (R-4) Approximately 0.6 acre Categorically exempt from environmental review under CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) SUMMARY On October 15, 2024, the City Council denied an appeal and upheld the Planning Commission approval of a Conditional Use Permit (APPL-0365-2024) to allow Lambda Chi Alpha (Applicant) to operate as a fraternity at 1264 and 1264 ½ East Foothill Blvd. and 1241, 1243, 1249, and 1251 Monte Vista Place. Since the approval of th is Conditional Meeting Date: 3/11/2026 Item Number: 4b Time Estimate: 30 minutes Figure 1 – Project Site Page 117 of 248 Item 4b MOD-0029-2026 Planning Commission Report – March 11, 2026 Use Permit (CUP), the Applicant has resided at and utilized the property for fraternity activities. Due to recent citations and Conditional Use Permit violations, the Community Development Director (Director) is referring the existing CUP to the Planning Commission for re-review. Re-review of the CUP may result in (a) added, modified, and/or removed conditions to allow continuation of the fraternity in a manner compatible with existing and proposed uses in the vicinity; or (b) revocation if t he required findings cannot be made. 1.0 PROJECT BACKGROUND 1.1 Prior Conditional Use Permit Review and Approval On June 12, 2024, the Planning Commission approved the request for a Conditional Use Permit (CUP; USE-0331-2023) for the Applicant to establish a fraternity at 1264 and 1264 ½ East Foothill Blvd. and 1241, 1243, 1249, and 1251 Monte Vista Place (Attachment B - Resolution No. PC-1085-24). The CUP allowed fraternity operations within six residential units containing 12 total bedrooms and a maximum of 24 residents. Conditions included a maximum gathering limit for routine meetings and events of 48 individuals and provisions for special events for above the maximum gathering limit through Community Development Director approval with a transportation management plan. On June 24, 2024, an appeal (APPL-0365-2024) of the Planning Commission’s decision to approve the CUP was filed. On October 15, 2024, the City Council denied the appeal and upheld the approval of the CUP, subject to revised Conditions (Attachment C – Resolution No. 11529 (2024 Series). Conditions of the CUP relating to maximum capacities for residents and meetings or gatherings did not change. Revised Conditions of the CUP included a provision for re-review if conduct on the permitted premises results in three (3) citations within any 12-month period for a violation of law or permit condition, as well as grounds for the revocation of the permit based on failure to comply with Conditions or code requirements, violations of and Federal, State, or local law, conduct that constitutes a public nuisance or that causes adverse impacts on the health, safety, or welfare of persons in the vicinity of the use. 1.2 History of Active Violations and Code Enforcement Actions Police Department Actions The Police Department has issued seven (7) citations since the CUP was approved under APPL-0365-2024 on October 15, 2024, as follows:  October 18, 2024, for a Noise Violation at approximately 10:00 PM with approximately 50 people present  February 8, 2025, for a Noise Violation at approximately 10:30 PM with approximately 50 people present  May 31, 2025, for a Noise Violation at approximately 2:30 PM with approximately 200 people present  October 3, 2025, for an Unruly Gathering at approximately 12:30 AM with approximately 30 people present  November 7, 2025, for a Noise Violation at approximately 9:30 PM with Page 118 of 248 Item 4b MOD-0029-2026 Planning Commission Report – March 11, 2026 approximately 50 people present  December 4, 2025, for a Noise Violation at approximately 9:30 PM with approximately 50 people present  January 22, 2026, for a Noise Violation at approximately 10:30 PM with approximately 10 people present Three of the seven citations were appealed, and all three citations were upheld. Code Enforcement Actions On January 29, 2025, Code Enforcement issued a Notice of Violations (NOV; Attachment D) to the property, relating to confirmed administrative citations, noise violations, and police contacts. The NOV stated that violations of the CUP occurred, specifically violations of Conditions No. 14, 15, 16, and 17, provided in Section 1.3 below. The NOV also included that Code Enforcement would recommend the CUP for re-review to the Community Development Director (Director). On December 23, 2025, Code Enforcement issued an Administrative Citation (Attachment E) with a fine of $50 for violation of the CUP based on the Unruly Gathering citation issued on October 3, 2025 after receipt of the NOV in January 2025. On January 29, 2026, staff notified the fraternity and property owner that the CUP would be re-reviewed by the Planning Commission, in accordance with Condition No. 3 of APPL - 0365-2024. 1.3 Planning Commission’s Purview The multiple confirmed citations associated with the fraternity have resulted in violations of Conditions No. 5, 14, 15, 16, and 17 of CUP APPL -0365-2024, which state: 5. Routine meetings and gatherings for the fraternity shall be limited to a maximum of 48 people (32 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 48 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. 9. The fraternity use shall comply with Table 1 (Exterior Noise Limits) of Section 9.12.060 (Exterior Noise Limits) between the extended hours of 10:00 p.m. and 9:00 a.m. 15. Prior to a special event approved by the Community Development Director pursuant to Condition No. 5, the fraternity shall provide written notification of the event to occupants 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. Page 119 of 248 Item 4b MOD-0029-2026 Planning Commission Report – March 11, 2026 16. 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. 17. 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 the revocation of this permit. In accordance with Condition No. 3 of USE-0331-2023 / APPL-0365-2024, the Director is referring the CUP to the Planning Commission as detailed below: 3. The Conditional Use Permit shall be reviewed by the Planning Commission as soon as practical if: 1) conduct on the permitted premises results in three (3) citations within any 12-month period for a violation of law or permit condition, 2) that citation is not contested or is upheld on appeal, and 3) the conduct for which the citation was 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, the 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. 2.0 PROJECT ANALYSIS The Planning Commission’s role is to consider the above-discussed violations to determine what modifications, if any, to the Conditional Use Permit conditions are necessary for the Planning Commission to make the required findings for continued use of the property as a fraternity, or if they cannot make the required findings, to revoke the permit. Staff recommends revocation of the Conditional Use Permit (Attachment A – Draft PC Resolution of Revocation) based on the following analysis. 2.1 Inconsistency with Zoning Regulations Per Municipal Code Section 17.102.020(C)(7) (Revocation of Conditional Use Permits), the Planning Commission may revoke an existing Conditional Use Permit if they cannot make one or more findings of Municipal Code Section 17.110 (Minor Use Permits and Conditional Use Permits). For ease of reference, the required findings to grant a Conditional Use Permit, per Municipal Code Section 17.110.070(A), are as follows: 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 all other applicable provisions of these zoning regulations and the municipal code; Page 120 of 248 Item 4b MOD-0029-2026 Planning Commission Report – March 11, 2026 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; 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. The required findings to approve a Conditional Use Permit for a fraternity or sorority, per Municipal Code Section 17.86.130(B), are as follows: 1. As conditioned, the project will not be detrimental to the health, safety, and welfare of persons living or working at the site or in the vicinity because conditions have been included that place limits on the number of persons allowed on site, restrict activities, provide adequate parking, and limit potential disturbances to neighboring properties. The project will be compatible with site constraints and the character of the neighborhood. 2. The proposed project is consistent with General Plan Land Use Policy 2.6.5 and Housing Element Policy 8.6 to locate student housing projects, fraternities, and sororities in close proximity to the Cal Poly campus and other student-oriented uses and housing. 3. As conditioned, the proposed use is consistent with the zoning regulations because the number of residents is consistent with the group housing maximum occupancy limits and the parking configuration is consistent with neighboring properties and results in an adequate number of parking spaces for residents. The current use is not consistent with both Conditional Use Permit regulations of Municipal Code Section 17.110.070(A) and Fraternity regulations of Municipal Code Section 17.86.130(B) because the Applicant has been repeatedly cited for violations of the City’s Noise Ordinance, Municipal Code Chapter 9.13 (Unruly Gatherings), and their CUP. As explained above, since the CUP APPL-0365-2024 was issued on October 15, 2024, the Police have issued six (6) citations for noise violations and one (1) citation for an unruly gathering at the property. Specifically, the Police have issued at least three (3) citations within multiple overlapping 12-month periods since the CUP’s issuance, repeatedly meeting or exceeding the three-citation threshold established in Condition No. 3. Multiple incidents included more than 50 individuals. In addition, the fraternity has also failed to apply for special event permits or parking and transportation plans as required Page 121 of 248 Item 4b MOD-0029-2026 Planning Commission Report – March 11, 2026 by their CUP, despite events exceeding the routine gathering capacity limits of the CUP (maximum of 48 individuals). For these reasons, the design, location, size, and operating characteristics of the current use is not compatible with residential uses in the vicinity. Any continued use of the property as a fraternity under the CUP is not appropriate for the subje ct 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. Due to the citation for an unruly gathering, the six citations for noise violations, and multiple violations of the CUP received over the past 16 months since the issuance of the CUP, required findings in Municipal Code Section17.110.070(A)(3), Section 17.110.070(A)(5), Section 17.86.130(B)(1), cannot be made. 3.0 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.) 4.0 ALTERNATIVES 1. Modify the Conditional Use Permit. An action to modify the existing Conditional Use Permit should be based on findings that reference consistency with the General Plan, Zoning Regulations, and other policy documents, and subject to revised conditions of approval. 2. Continue the Conditional Use Permit. An action to continue the Conditional Use Permit as is should be based on findings that reference consistency with the General Plan, Zoning Regulations, and other policy documents. 3. Continue review of the Conditional Use Permit. An action to continue review of the Conditional Use Permit should include direction to staff regarding additional information or analysis required to make a decision. 5.0 ATTACHMENTS 1. Draft PC Resolution for Revocation (MOD-0029-2026) 2. Resolution No. PC-1085-24 (Approval of USE-0331-2023) 3. PC Resolution No. 11529 (2024 Series) (Denial of appeal and approval upheld, APPL- 0365-2024) 4. Notice to Correct Code Violation(s) for 1264 E Foothill, Dated 1-29-2025 5. Administrative Citation for 1264 E Foothill, Dated 12-23-2025 Page 122 of 248 RESOLUTION NO. PC-XXXX-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN LUIS OBISPO REVOKING THE CONDITIONAL USE PERMIT FOR A FRATERNITY AT 1264 AND 1264 ½ EAST FOOTHILL BLVD. AND 1241, 1243, 1249, AND 1251 MONTE VISTA PLACE. THE ACTION IS EXEMPT FROM ENVIRONMENTAL REVIEW. WHEREAS, on June 12, 2024, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, and approved a Conditional Use Permit to establish a fraternity at 1264 and 1264 ½ East Foothill Boulevard and 1241, 1243, 1249, and 1251 Monte Vista Place, pursuant to a proceeding instituted under USE-0331-2023; Lambda Chi Alpha, applicant; and WHEREAS, on October 15, 2024, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, and denied an appeal of the Planning Commission’s decision to approve the Conditional Use Permit and approved a Conditional Use Permit subject to revised Conditions, pursuant to a proceeding instituted under APPL- 0365-2024; Lambda Chi Alpha, applicant; and WHEREAS, the City received complaints, and, between October 2024 and February 2026, the Police Department issued seven citations relating to noise violations and unruly gatherings at the property, including at least three citations within multiple overlapping 12-month period within these dates; and WHEREAS, Code Enforcement issued a Notice of Violation on January 29, 2025, and an Administrative Citation on December 23, 2025, relating to the multiple, verified violations of the existing Use Permit; and WHEREAS, in order to grant a conditional use permit, the Planning Commission must find, among other things, that the establishment and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use (SLOMC 17.110.070(A)(5)); and WHEREAS, revocation of an existing Conditional Use Permit is appropriate if the Planning Commission cannot make one or more findings of San Luis Obispo Municipal Code Chapter 17.110 or Section 17.86.130 upon review of the permit due to violations thereof (SLOMC 17.102.020); and Page 123 of 248 Resolution No. PC-XXXX-26 1264 and 1264 ½ East Foothill Blvd. and 1241, 1243, 1249, and 1251 Monte Vista Place Page 2 WHEREAS, Condition No. 3 of Conditional Use Permit USE-0331-2023 / APPL- 0365-2024 requires Planning Commission re-review if 1) conduct on the permitted premises results in three citations within any 12-month period for a violation of law or permit condition, 2) that citation is not contested or is upheld on appeal, and 3) the conduct for which the citation was issued resulted in adverse impacts to, or complaints from, residents or occupants of the surrounding neighborhood, at which time Planning Commission could add, delete, or modify conditions of approval, or revoke the use permit; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, on March 11, 2026, for the re-review of the Conditional Use Permit and to consider the continuation of the fraternity at 1264 and 1264 ½ East Foothill Blvd. and 1241, 1243, 1249, and 1251 Monte Vista Place, pursuant to a proceeding instituted under MOD-0029-2026, Lambda Chi Alpha, applicant; and WHEREAS, notice of said public hearing was provided at the time and in the manner required by law; and WHEREAS, at said hearing, the Planning Commission of the City of San Luis Obispo considered all evidence, including testimony of the applicant, public comment, and recommendations by staff. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: SECTION 1. Findings. The Recitals stated above are incorporated herein as Findings of the Planning Commission. In revoking the Conditional Use Permit pursuant to Municipal Code Section17.102.020(C)(7), and without prejudice, the Planning Commission additionally finds: 1. The current use is not consistent with both Conditional Use Permit regulations of Municipal Code Section 17.110.070(A) and Fraternity regulations of Municipal Code Section 17.86.130(B) because: a. The fraternity has been repeatedly cited for violations of the City’s Noise Ordinance and the City’s Unruly Gatherings provisions. Since October 2024, the Police have issued six citations for noise violations, and on October 3, 2025, the Police issued a citation for an Unruly Gathering at the property. b. In particular, the Police have issued at least three citations within multiple overlapping 12-month periods since the CUP’s issuance on October 15, 2024, repeatedly meeting or exceeding the three -citation threshold established in Condition No. 3. Page 124 of 248 Resolution No. PC-XXXX-26 1264 and 1264 ½ East Foothill Blvd. and 1241, 1243, 1249, and 1251 Monte Vista Place Page 3 c. Code Enforcement issued a Notice of Violation on January 29, 2025, and an Administrative Citation on December 23, 2025, related to the confirmed violations of the Conditional Use Permit. d. The maximum number of people on site exceeded the limit established by the Conditional Use Permit (48 people), as noted by the Police Officers on five occasions since October 2024. e. The fraternity has failed to apply for special event permits or parking and transportation plans as required by their Conditional Use Permit, despite hosting events which exceeded the routine gathering capacity limits of the Permit. 2. For the reasons stated above, the design, location, size, and operating characteristics of the current use is not compatible with residential uses in the vicinity. The Planning Commission was not satisfied that any set of conditions would secure these purposes. Therefore, the required finding in Municipal Code Section17.110.070(A)(3) cannot be made. 3. For the reasons stated above, the continued use of the property as a fraternity under the Conditional Use Permit is not appropriate for the subject location, is incompatible with the neighborhood, and will be detrimental to the health, safety, and welfare of persons living or working at the site or in the vicinity . The Planning Commission was not satisfied that any set of conditions would secure these purposes. Therefore, the required findings in Municipal Code Section 17.110.070(A)(5) and Section 17.86.130(B)(1), 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 significan t effect on the environment. Additionally, CEQA does not apply to projects which a public agency rejects or disapproves. (CEQA Guidelines Section 15270.) Page 125 of 248 Resolution No. PC-XXXX-26 1264 and 1264 ½ East Foothill Blvd. and 1241, 1243, 1249, and 1251 Monte Vista Place Page 4 SECTION 3. Action. The Planning Commission hereby REVOKES the Conditional Use Permit USE-0331-2023 / APPL-0365-2024, previously issued to 1264 and 1264 ½ East Foothill Blvd. and 1241, 1243, 1249, and 1251 Monte Vista Place for use as a fraternity, based on the Findings stated above. Any subsequent application to establish a subsequent Conditional Use Permit for a fraternity at the location shall be subject to all requirements of the Municipal Code, including but not limited to Section 17.86.130 and Chapter 17.110. On motion by ______________, seconded by ________________, and on the following roll call vote: AYES: NOES: RECUSED: ABSENT: The foregoing resolution was passed and adopted this 11th day of March 2026. ___________________ Tyler Corey, Secretary Planning Commission Page 126 of 248 RESOLUTION NO. PC-1085-24 A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY AT 1264 AND 1264 ½ EAST FOOTHILL BOULEVARD AND 1241, 1243, 1249, AND 1251 MONTE VISTA PLACE. THE PROJECT INCLUDES A REQUEST TO PROVIDE TWO (2) PARKING SPACES IN TANDEM ON AN EXISTING DRIVEWAY ALONG EAST FOOTHILL BOULEVARD. THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER SECTION 15301 (EXISTING FACILITIES) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED JUNE 12, 2024 (USE-0331-2023) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, on June 12, 2024, for the review of a Conditional Use Permit to establish a fraternity at 1264 and 1264 ½ East Foothill Boulevard and 1241, 1243, 1249, and 1251 Monte Vista Place, pursuant to a proceeding instituted under USE-0331-2023; Lambda Chi Alpha, applicant; and WHEREAS, the Planning Commission of the City of San Luis Obispo has duly considered all evidence, including 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; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: SECTION 1. Findings. The Planning Commission hereby grants final approval for the project (USE-0331-2023), based on the following findings: Conditional Use Permit / Fraternity Use 1. 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. In 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 fraternity is conditionally allowed within the High-Density Residential (R-4) zone. As conditioned, the project complies with applicable provisions of the Zoning Regulations because (a) the maximum number of 24 residents complies with the group housing maximum occupancy limits and (b) the revised parking configuration would provide 18 required spaces for 24 residents and comply with the City’s Parking and Driveway Standards to improve the property. Page 127 of 248 Resolution No. PC-1085-24 USE-0331-2023 1264 and 1264 ½ East Foothill; 1241, 1243, 1249, and 1251 Monte Vista Page 2 3. 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 (a) be established in proximity to other dense group housing (i.e., other fraternities, sororities, multi-family, etc.), (b) located within walking distance (i.e., less than 0.25-mile) of the Cal Poly campus, and (c) utilize an existing developed property with minor site improvements (i.e., parking and landscaping improvements). 4. 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 would be served by City utilities. The project utilizes an existing developed property and does not include activities that would generate service or utility demands beyond those anticipated with uses permitted in the vicinity. 5. As conditioned, the project will not be detrimental to the health, safety, and welfare of persons living or working at the site or in the vicinity because conditions have been included that place limits on the number of persons allowed on site, restrict activities, provide adequate parking, and limit potential disturbances to neighboring properties. The project will be compatible with the existing site constraints and the character of the neighborhood. 6. As conditioned, the establishment and subsequent operation or conduct of the project 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 because the project includes conditions that (a) place limits on the number of persons allowed on site, (b) restrict activities, (c) provide adequate parking, and (d) limit potential disturbances to neighboring properties. The project would be compatible with the existing site constraints and the character of the neighborhood. SECTION 2. Environmental Review. The project is exempt from environmental review under Section 15301 (Existing Facilities) of the CEQA Guidelines because it includes the operation, maintenance, permitting, licensing, and minor alteration of an existing residential development. The fraternity would continue the residential use with minor site improvements related to parking (e.g., parking space restriping, installation of wheel stops, etc.) and landscaping (e.g., pruning, maintenance, etc.). The project does not include construction of a new building or additional building square footage. Therefore, the project involves no expansion of the former residential use. Page 128 of 248 Resolution No. PC-1085-24 USE-0331-2023 1264 and 1264 ½ East Foothill; 1241, 1243, 1249, and 1251 Monte Vista Page 3 SECTION 3. Action. The Planning Commission hereby grants final approval to the project with incorporation of the following conditions: Planning Division – Community Development Department 1. Plans submitted for the building and/or site improvements permit(s) (i.e., parking lot improvements) shall be in substantial conformance with the project description and plans represented in the Staff Report dated June 12, 2024. 2. 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 June 12, 2024, or in the event of a change in ownership which may result in deviation from the project description or approved plans. 3. The Conditional Use Permit shall be reviewed by the Planning Commission if the City receives substantiated written complaints from any citizen, Code Enforcement Officer, Fire Department or Police Department employee, which contains information and/or evidence supporting a conclusion that a violation of this Conditional Use Permit, or of City Ordinances, regulations, or Police Department resources (e.g., calls for service) applicable to the fraternity use has occurred. At the time of the Conditional Use Permit review, to ensure ongoing compatibility with nearby uses, the conditions of approval may be added, modified, and/or removed, or the Conditional Use Permit may be revoked. 4. The fraternity shall be limited to a maximum of 24 residents for the property. 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 be scheduled at a reasonable time with at least 24-hour notice to the residents. 5. Routine meetings and gatherings for the fraternity shall be limited to a maximum of 48 people (32 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 48 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. 6. For the life of the organization, 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 revoked. Page 129 of 248 Resolution No. PC-1085-24 USE-0331-2023 1264 and 1264 ½ East Foothill; 1241, 1243, 1249, and 1251 Monte Vista Page 4 7. For the life of the organization, 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. 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. 8. For the life of the organization, the property shall be maintained in a clean and orderly manner. All landscaping shall be maintained (e.g., trimmed, pruned, replaced as needed, etc.) to the satisfaction of the Community Development Director. 9. A site improvement permit is required for parking area improvements to create a minimum of 18 parking spaces that comply with the City’s Parking and Driveway Standards (i.e., parking space and driveway dimensions, aisle widths, striping, wheel stops, etc.). These parking spaces shall be inspected to verify compliance with City standards prior to establishing the fraternity. 10. Bicycle parking spaces shall be provided as required per Table 3-6 (Required Bicycle Parking) of the Zoning Regulations. For a total of 24 beds for the fraternity, the property owner and residents shall maintain a minimum of 18 long-term bicycle spaces and a minimum of six (6) short-term bicycle spaces. All required long-term bicycle parking shall be provided in an interior space, and required short-term bicycle spaces shall be consistent with the City Active Transportation Plan Design Guidelines and feature “hi-low style” campus racks (such as “Peak Racks”). These bicycle spaces shall be inspected to verify compliance with City standards prior to establishing the fraternity, to the satisfaction of the Public Works and Community Development Directors. 11. A minimum of 18 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. 12. A building permit is required for proposed signage identifying the fraternity house. Any signage must be consistent with Chapter 15.40 (Sign Regulations) of the Municipal Code and compatible with the existing neighborhood to the satisfaction of the Community Development Director. 13. As part of the parking area improvements, the existing two-car garage for 1264 ½ East Foothill (labeled as Building B on the project plans) shall be a one-car garage in order to accommodate the revised surface parking layout. The area adjacent to the parking space within the proposed one-car garage is permitted as storage. Further review shall be required if any improvements (e.g., change in use and/or new construction) are proposed for this area. Page 130 of 248 Resolution No. PC-1085-24 USE-0331-2023 1264 and 1264 ½ East Foothill; 1241, 1243, 1249, and 1251 Monte Vista Page 5 14. The fraternity use shall comply with Table 1 (Exterior Noise Limits) of Section 9.12.060 (Exterior Noise Limits) between the extended hours of 10:00 pm and 9:00 am, except as approved in writing as a special event by the Community Development Director. 15. Prior to a special event approved by the Community Development Director pursuant to Condition No. 5, the fraternity shall provide written notification of the event to occupants 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. 16. Live entertainment, bands, and/or amplified sounds are prohibited, unless otherwise approved through a special event by the Community Development Department. Engineering Division – Community Development / Public Works Departments 17. A building permit and/or site improvements permit is required for the proposed changes to establish the required parking spaces. Plans submitted for review shall show and note compliance with the City’s Parking and Driveway Standards. The plans shall show required dimensions and information for parking space, bay, aisle widths, striping, parallel space markings (i.e., T’s and L’s), and any existing or proposed wheel stops. 18. Plans submitted for review shall show and reference the floor plans for the existing garages to remain. The existing two-car garage proposed to accommodate only one car shall be included and noted on the plans. The plans shall clarify that garage door operation will not be affected by the proposed adjacent surface parking space. The plans shall clarify that the remaining garage space is to remain as garage storage/shop. Indemnification 19. The applicant shall defend, indemnify, and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers, or employees to attack, set aside, void or annul, the approval by the City of this project, and all actions relating thereto, including but not limited to environmental review (“Indemnified Claims”). The City shall promptly notify the applicant of any Indemnified Claim upon being presented with the Indemnified Claim and the City shall fully cooperate in the defense against an Indemnified Claim. On motion by Commissioner Steve Kahn, seconded by Commissioner Bob Jorgensen, and on the following roll call vote: Page 131 of 248 Resolution No. PC-1085-24 USE-0331-2023 1264 and 1264 ½ East Foothill; 1241, 1243, 1249, and 1251 Monte Vista Page 6 AYES: Commissioner Sheryl Flores, Commissioner Bob Jorgensen, Commissioner Steve Kahn, Commissioner Eric Tolle, and Vice Chair Dave Houghton NOES: None ABSENT: Commissioner Juan Munoz-Morris and Chair Justin Cooley RECUSED: None The foregoing resolution was passed and adopted this 12th day of June 2024. ___________________ Tyler Corey, Secretary Planning Commission Page 132 of 248 R 11529 RESOLUTION NO. 11529 (2024 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 APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A FRATERNITY AT 1264 AND 1264 ½ EAST FOOTHILL BOULEVARD AND 1241, 1243, 1249, AND 1251 MONTE VISTA PLACE. THE PROJECT INCLUDES A REQUEST TO PROVIDE TWO (2) PARKING SPACES IN TANDEM ON AN EXISTING DRIVEWAY ALONG EAST FOOTHILL BOULEVARD. THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER SECTION 15301 EXISTING FACILITIES) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES AS REPRESENTED IN THE COUNCIL AGENDA REPORT AND ATTACHMENTS DATED OCTOBER 15, 2024 (USE-0331-2023, APPL-0365-2024) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, on June 12, 2024, for the review of a Conditional Use Permit to establish a fraternity at 1264 and 1264 ½ East Foothill Boulevard and 1241, 1243, 1249, and 1251 Monte Vista Place, pursuant to a proceeding instituted under USE-0331-2023; Lambda Chi Alpha, applicant; and WHEREAS, the Planning Commission of the City of San Luis Obispo conditionally approved the Conditional Use Permit, USE-0331-2023, 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, Residents for Quality Neighborhoods filed a timely appeal of the Planning Commission’s decision to approve the Conditional Use Permit, APPL-0365- 2024, on June 24, 2024; 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 15, 2024, for the purpose of considering the appeal of the Planning Commission’s decision to approve the Conditional Use Permit, APPL-0365-2024, 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 City Council of the City of San Luis Obispo as follows: Docusign Envelope ID: 4911A4F3-97E7-4A4C-B783-FED01F8C450B Page 133 of 248 Resolution No. 11529 (2024 Series) Page 2 R 11529 SECTION 1. Findings. The City Council hereby denies the appeal and grants final approval for the project (USE-0331-2023, APPL-0365-2024), based on the following findings: Conditional Use Permit / Fraternity Use 1. 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. In 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 fraternity is conditionally allowed within the High-Density Residential R-4) zone. As conditioned, the project complies with applicable provisions of the Zoning Regulations because (a) the maximum number of 24 residents complies with the group housing maximum occupancy limits and (b) the revised parking configuration would provide 18 required spaces for 24 residents and comply with the City’s Parking and Driveway Standards to improve the property. 3. 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 (a) be established in proximity to other dense group housing (i.e., other fraternities, sororities, multi-family, etc.), (b) located within walking distance (i.e., less than 0.25-mile) of the Cal Poly campus, and (c) utilize an existing developed property with minor site improvements (i.e., parking and landscaping improvements). 4. 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 would be served by City utilities. The project utilizes an existing developed property and does not include activities that would generate service or utility demands beyond those anticipated with uses permitted in the vicinity. 5. As conditioned, the project will not be detrimental to the health, safety, and welfare of persons living or working at the site or in the vicinity because conditions have been included that place limits on the number of persons allowed on site, restrict activities, provide adequate parking, and limit potential disturbances to neighboring properties. The project will be compatible with the existing site constraints and the character of the neighborhood. Docusign Envelope ID: 4911A4F3-97E7-4A4C-B783-FED01F8C450B Page 134 of 248 Resolution No. 11529 (2024 Series) Page 3 R 11529 6. As conditioned, the establishment and subsequent operation or conduct of the project 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 because the project includes conditions that (a) place limits on the number of persons allowed on site, (b) restrict activities, (c) provide adequate parking, and (d) limit potential disturbances to neighboring properties. The project would be compatible with the existing site constraints and the character of the neighborhood. SECTION 2. Environmental Review. The project is exempt from environmental review under Section 15301 (Existing Facilities) of the CEQA Guidelines because it includes the operation, maintenance, permitting, licensing, and minor alteration of an existing residential development. The fraternity would continue the residential use with minor site improvements related to parking (e.g., parking space restriping, installation of wheel stops, etc.) and landscaping (e.g., pruning, maintenance, etc.). The project does not include construction of a new building or additional building square footage. Therefore, the project involves no expansion of the former residential use. SECTION 3. Action. The City Council hereby denies the appeal and grants final approval to the project (USE-0331-2023, APPL-0365-2024) with incorporation of the following conditions: Planning Division – Community Development Department 1. Plans submitted for the building and/or site improvements permit(s) (i.e., parking lot improvements) shall be in substantial conformance with the project description and plans represented in the Council Agenda Report dated October 15, 2024. 2. 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 Council Agenda Report dated October 15, 2024, or in the event of a change in ownership which may result in deviation from the project description or approved plans. 3. The Conditional Use Permit shall be reviewed by the Planning Commission as soon as practical if: 1) conduct on the permitted premises results in three (3) citations within any 12-month period for a violation of law or permit condition, 2) that citation is not contested or is upheld on appeal, and 3) the conduct for which the citation was 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, the 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. Docusign Envelope ID: 4911A4F3-97E7-4A4C-B783-FED01F8C450B Page 135 of 248 Resolution No. 11529 (2024 Series) Page 4 R 11529 4. The fraternity shall be limited to a maximum of 24 residents for the property. 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 be scheduled at a reasonable time with at least 24-hour notice to the residents. 5. Routine meetings and gatherings for the fraternity shall be limited to a maximum of 48 people (32 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 48 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. 6. For the life of the organization, 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 revoked. 7. For the life of the organization, 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. 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. 8. For the life of the organization, the property shall be maintained in a clean and orderly manner. All landscaping shall be maintained (e.g., trimmed, pruned, replaced as needed, etc.) to the satisfaction of the Community Development Director. 9. A site improvement permit is required for parking area improvements to create a minimum of 18 parking spaces that comply with the City’s Parking and Driveway Standards (i.e., parking space and driveway dimensions, aisle widths, striping, wheel stops, etc.). These parking spaces shall be inspected to verify compliance with City standards prior to establishing the fraternity. 10. Bicycle parking spaces shall be provided as required per Table 3-6 (Required Bicycle Parking) of the Zoning Regulations. For a total of 24 beds for the fraternity, the property owner and residents shall maintain a minimum of 18 long-term bicycle spaces and a minimum of six (6) short-term bicycle spaces. All required long-term bicycle parking shall be provided in an interior space, and required short-term bicycle spaces shall be consistent with the City Active Transportation Plan Design Guidelines and feature “hi-low style” campus racks (such as “Peak Racks”). These Docusign Envelope ID: 4911A4F3-97E7-4A4C-B783-FED01F8C450B Page 136 of 248 Resolution No. 11529 (2024 Series) Page 5 R 11529 bicycle spaces shall be inspected to verify compliance with City standards prior to establishing the fraternity, to the satisfaction of the Public Works and Community Development Directors. 11. A minimum of 18 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. 12. A building permit is required for proposed signage identifying the fraternity house. Any signage must be consistent with Chapter 15.40 (Sign Regulations) of the Municipal Code and compatible with the existing neighborhood to the satisfaction of the Community Development Director. 13. As part of the parking area improvements, the existing two-car garage for 1264 ½ East Foothill (labeled as Building B on the project plans) shall be a one-car garage in order to accommodate the revised surface parking layout. The area adjacent to the parking space within the proposed one-car garage is permitted as storage. Further review shall be required if any improvements (e.g., change in use and/or new construction) are proposed for this area. 14. The fraternity use shall comply with Table 1 (Exterior Noise Limits) of Section 9.12.060 (Exterior Noise Limits) between the extended hours of 10:00 p.m. and 9:00 a.m. 15. Prior to a special event approved by the Community Development Director pursuant to Condition No. 5, the fraternity shall provide written notification of the event to occupants 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. 16. 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. 17. 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 the revocation of this permit. Docusign Envelope ID: 4911A4F3-97E7-4A4C-B783-FED01F8C450B Page 137 of 248 Resolution No. 11529 (2024 Series) Page 6 R 11529 Engineering Division – Community Development / Public Works Departments 18. A building permit and/or site improvements permit is required for the proposed changes to establish the required parking spaces. Plans submitted for review shall show and note compliance with the City’s Parking and Driveway Standards. The plans shall show required dimensions and information for parking space, bay, aisle widths, striping, parallel space markings (i.e., T’s and L’s), and any existing or proposed wheel stops. 19. Plans submitted for review shall show and reference the floor plans for the existing garages to remain. The existing two-car garage proposed to accommodate only one car shall be included and noted on the plans. The plans shall clarify that garage door operation will not be affected by the proposed adjacent surface parking space. The plans shall clarify that the remaining garage space is to remain as garage storage/shop. Docusign Envelope ID: 4911A4F3-97E7-4A4C-B783-FED01F8C450B Page 138 of 248 Resolution No. 11529 (2024 Series) Page 7 R 11529 Indemnification 20. The applicant shall defend, indemnify, and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers, or employees to attack, set aside, void or annul, the approval by the City of this project, and all actions relating thereto, including but not limited to environmental review (“Indemnified Claims”). The City shall promptly notify the applicant of any Indemnified Claim upon being presented with the Indemnified Claim and the City shall fully cooperate in the defense against an Indemnified Claim. On motion by Council Member Shoresman, seconded by Council Member Marx, and on the following roll call vote: AYES: Council Member Francis, Max, Shoresman, Vice Mayor Pease, and Mayor Stewart NOES: None ABSENT: None The foregoing resolution was passed and adopted this 15th day of October 2024. 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 Docusign Envelope ID: 4911A4F3-97E7-4A4C-B783-FED01F8C450B 10/18/2024 | 10:40 AM PDT Page 139 of 248 Page 140 of 248 Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) January 29, 2025 PSZ House Corporation a CA Non-Profit Benefit Corp 1947 Camino Vida Roble Unit: STE 105 Carlsbad, CA 92008 SUBJECT ADDRESS: 1264 Foothill Blvd San Luis Obispo, CA 93405 APN: 052-071-030 Code Case #: CODE-000045-2025 Dear Property Owner, City of San Luis Obispo Community Development Department staff noted the following violations of the San Luis Obispo Municipal Code or other relevant codes at the above listed address: 1. Use Permit Violation (SLOMC §17.76.060) “It shall be unlawful and a public nuisance for any person, firm or corporation, owning, leasing, occupying, or having possession of any private property in the City to maintain such property in such a manner that any of the following conditions are found to exist thereon: 1. Any violation of the provisions of a minor use permit, conditional use permit, planned development permit, architectural review approval, variance, or other land use entitlement or land use permit.” Conditions number fourteen, fifteen, sixteen, and seventeen of the use permit associated with the property indicate that: “14. The fraternity use shall comply with Table 1 (Exterior Noise Limits) of Section 9.12.060 (Exterior Noise Limits) between the extended hours of 10:00 p.m. and 9:00 a.m. 15. Prior to a special event approved by the community Development Director pursuant to Condition No. 5, the fraternity shall provide written notification of the event to occupants 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. 16. 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. 17. 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 the revocation of this permit” Page 141 of 248 There are multiple confirmed administrative citations, noise violations, and police contacts between 2/25/2024 and 02/25/2025. Code enforcement staff will be recommending review of the use permit to the Deputy Director of Community Development. A determination made by the Deputy Director that the evidence submitted warrants review, modification, or revocation of the current use permit by the Planning Commission will be followed by notification to the property owner and other responsible parties. We request that you voluntarily take action to correct the above noted violation(s). Immediate compliance is required. These violations constitute a public nuisance and must be abated. Failure to correct the violation(s) by the specified date will result in the issuance of an Administrative Citation requiring payment of FINES in accordance with SLOMC Chapter 1.24. For Municipal Code violations that remain uncorrected after issuance of an Administrative Citation, the City may seek enforcement by other civil or criminal remedies. Any person having a title interest in the property may request a Director’s review of this Notice by completing the enclosed Request for Director’s Review Form and submitting it to the Community Development Department via email at code@slocity.org or to 919 Palm Street, San Luis Obispo, CA 93401, within five (5) days of the date of this Notice. This Notice shall be deemed final unless you timely file a Request for Director’s Review. We look forward to working with you to resolve these violations and would like to thank you for your efforts to maintain your property and to help preserve the safety and beauty of our community. If you have questions, please contact the undersigned at (805) 440-9825 or rsalem@slocity.org. Sincerely, RAMI SALEM Rami Salem, Code Enforcement Technician & Safe Housing Coordinator Cc: File Enclosures: Request for Directors Review Page 142 of 248 Community Development 91 I Palm Street, San Luis 0bi$p0, CA S3401 -321 I 805.781 7170 slocity.orq Declaration of Service and Posting of Notice SUBJECT ADDRESS 1264 ILL BLVD SAN I IJIS OBISPO CA 5 CASE NO.: CODE-000045-2025 Citation No.42018 Officer: R.M l/we, the undersigned, declare that at all times herein mentioned, l/we were and now are a duly authorized employee(s) of the Community Development Department, City of San Luis Obispo, State of California; that pursuant to Section 1.24.050G of the San Luis Obispo Municipal Code (SLOMC), Section 1101.4 of the Uniform Housing Code, or Section 401.4 of the Uniform Code for the Abatement of Dangerous Buildings, as adopted by Section 15.02.010 of the San Luis Obispo MunicipSlCode, l/we deposited in a receptacle for the U.S. Postal Service, in a sealed envelope, postage prepaid, bylX regular mail, and/or El certified matl, return receipt requested the following: Notice to Gorrect, Notice of Violation, Administrative Gitation, Stop-Work Notice, Notice of Hearing, Notice of Proposed Lien, Notice of Special Assessment Notifying the owner of the property of the subject address referenced above of violations of the San Luis Obispo Municipal Code existing on the property and/or of related abatement proceedings. The above notice was sent to each person having an interest in the property at their respective addresses as listed in the Notice, and a copy of the notice was posted at the subject address. I declare under penalty of perjury that the foregoing is true and correct. Executed this 23rd day of December ,2025, San Luis Obispo, California Officer or clerk effecting service it: (Print Name)(Signature)(Time/date) Officer effecting service by A X! X! TI ame nature (Tim Page 143 of 248 Community Development Gitation No.:42018 ADMINISTRATIVE CITATION AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUNICIPAL CODE91 9 Palm Skeet, San luis 0bispo, CA 93401 -321 B 805.781 .71 70 slocity.orq 811", Citation fl 2no Gitation E t'o Citation El eouitional / Daily Fines ADDRESS OF VIOLATION: DATE OF VIOLATION: NAME: ADDRESS: 1264 Foothill Blvd San Luis ObisPo,CA 93405 APN: 052-071-030 October 3,2025 PSZ HOUSE CORPORATION 1947 CAMINO VIDA ROBLE STE 105 CARLSBAD cA 92008 PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE, YOU ARE HEREBY oRDERED TO |MMED|ATELY CORRECT THE VTOLATION(S) DESCRIBED BELOW AND PAY THE FINE. YOU ARE FURTHER ORDERED TO GEASE THE ACTIVITY GIVING RISE TO THE VIOLATION. WHEN CoRRECT|ONS ARE COMPLETE PLEASE SCHEDULE AN INSPECTION BY CALLING (805)781-7180. TO AVOID ADDITIONAL FINES COMPLIANCE MUST BE VERIFIED BY DEPARTMENT STAFF. IF DAILY FINES APPLY AS NOTED ABOVE, THE FINES SHALL ACCRUE DAILY UNTIL THE VIOLATION(S) ARE GoRRECTED. FATLURE TO CORRECT THE VTOLATION(S) WILL RESULT lN THE ISSUANCE OF ADDITIONAL ADMINISTRATIVE CITATIONS AND ESCALATING FINES OR OTHER ENFORCEMENT ACTION. Failure to pay the fines may result in the suspension of any pending applications or permits. Unpaid fines become delinquent after 30 days and are subject to interest accrual of 8% per month as contained in SLOMC 1.24.070 C. The City may pursue all legal, equitable, and administrative remedies for the collection of unpaid civil administrative fines. Delinquent fines will be forwarded to a collection agency for payment. Mail Payments to:City of San Luis Obispo, Gommunity Development Department 919 Palm Street, San Luis Obispo, CA 93401 You may file an APPEAL of this Administrative Citation by submitting a request in writing to the Hearing Administrator within ten days of the date this Administrative Citation is issued as shown below. Each responsible party is individually required to file an appeal. FAILURE TO FILE AN APPEAL WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. PIEASC SEE thE AttAChEd Appeal Form for more information. MailAppeals to: Gity of San Luis Obispo, City Clerk 990 Palm Street, San Luis Obispo, CA 93401 lssued By: R. Salem Signature Title: Code Enforcement Officer CODE SECTION DESCRIPTION OF VIOLATION FINE sloMc s 17.76.060 Use Permit Violation $50 Amount Due (or subtotal if daily fine)$50 lf Daily Fines apply the TOTAL AMOUNT DUE = -(no. days) X subtotal = RELATED GE GASE: CODE-OO0045-2025 DATE CITATION ISSUED: DCCCMbET 23, 2025 Page 144 of 248 TNVOICE (00042018) FOR CITY OF SAN LUIS OBISPO BILLING GONTACT PSZ HOUSE NON-PROFIT BENEFIT CORP PSZ HOUSE CORPORATION A CA NON.PROFI'] BENEFIT CORP 1947 CAMINO VIDA ROBLE STE 105 CARLSBAD, CA 92008 TOTAL $50.00 INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION 00042018 12t23t2025 01t22t2026 Due NONE REFERENCE NUMBER FEE NAME TOTAL coDE-000045-2025 CE lstAdmin Citation $50.00 1264 Foothill Blvd San Luis Obispo, CA 93405 SUBTOTAL $50.00 December 23, 2025 City of San Luis Obispo Page 1 of 1 Page 145 of 248 Community Development 9lg Palm Strset, San Luls 0blspo, CA 93401 -321 8 805.781 .71 70 slocity.org January 29,2025 PSZ House Corporation a CA Non-Profit Benefit Corp 1947 Camino Vida Roble Unit: STE 105 Carlsbad, CA 92008 SUBJECT ADDRESSz 1264 Foothill Blvd San Luis Obispo, Code Case #: CODE-000045'2025 Dear Property Owner, City of San Luis Obispo CommunitY San Luis Obispo Municipal Code or other 1. Use Permit Violation "It shall be unlawful and occupying, or having in such a manner thot 1. Any violation of development or land Conditions fifteen, indicate "14. The use shall Noise the Notice to Correct Code Violation(s)Alotice of Violation (Courtesy Warning Priorto Issuance of Administrative Citation) 07r-030 noted the following violations of the listed address: or corporation, owning, leasing, the City to maintain such ProPettY to exist thereon: use permit, conditional use petmit, plonned variance, or other land use entitlement of the use permit associated with the property Table I (ExteriorNoise Limits) of Section 9.12.060 (Exterior of l0:00 p.m. and 9:00 a.m. 15. Prior to a event the community Development Director pursuant to Condition No. 5, the fraternity notification of the event to occupants within 300 feet of the site. The written notification the date,hourso 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. 16. 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. 17. Failure to compiy 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 the revocation of this permit" of thefollowing itecturol review of any ofo Page 146 of 248 There are multiple confirmed administrative citations, noise violations, and police contacts between 2/2512024 and02l25/2025. Code enforcement staff will be recommending review of the use permit to the Deputy Director of Community Development. A determination made by the Deputy Director that the evidence submitted warrants review, modificationo or revocation of the current use permit by the Planning Commission will be followed by notification to the property owner and other responsible parties. We request that you voluntarily take action to correct the above noted violation(s). Immediate compliance is required. These violations constitute a public nuisance and must be abated. Failure to correct the violation(s) by the specified date will result in the issuance requiring payment of FINES in accordance with SLOMC Chapter 1.24. that remain uncorrected after issuance of an Administrative Citation, the other civil or criminal remedies. Any person having a title interest in the property may req completing the enclosed Request for Director's Review F Development Department via email at code@slocity.org of Administrative Citation F Code violations seek enforcement by of this Notice by to the Community Luis Obispo, CA be you timely would like to thank you for your beauty of our community. If you or rsalem@slocity.org. Coordinator s 9t9 9340l,within five (5) days of the date of this Notice. file a Request for Director's Revieq We look forward to working with you to efforts to maintain your property and to help have questions, please contact the undersigned at ( Sincerely, Rami Salem, Code Cc: File Enclosures:for Directors vlo the ian & Safe Page 147 of 248 Page 148 of 248 1 Fraternity Conditional Use Permit Re-review MOD-0029-2026 Planning Commission Hearing –March 11, 2026 2 Recommendation Adopt a Resolution revoking the existing Conditional Use Permit (USE-0331-2023 /APPL-0365-2024)for operation of a fraternity located at 1264 and 1264 ½East Foothill Boulevard and 1241,1243,1249,and 1251 Monte Vista Place. 3 Project Site •High-Density Residential (R-4) Zone •Developed property with multi-family residential with 12 total bedrooms and various site improvements •Lot has access from East Foothill Boulevard and Monte Vista Place •Adjacent to single-and multi-family residences, and Cal Poly SLO campus, which is approximately 0.2-miles (walking) from property 4 Fraternity Background ▪Use Permit (USE-0331-2023)approved in June 2024 ➢Planning Commission approved a Use Permit allowing Lambda Chi Alpha to establish a fraternity at 1264 E. Foothill Blvd., et al ➢Limited residents to maximum of 24 individuals ➢Set maximum gathering capacity of 48 people for regular meetings and special events ▪Use Permit modified and use continued in October 2024 (APPL-0365-2024) ➢City Council denied an appeal and upheld approval of the Use Permit ➢Added conditions for re-review if conduct on the premises results in 3 citations within any 12-month period, and grounds for revocation based on non -compliance with conditions, Code requirements, or other applicable laws 5 Fraternity Background ▪History of Police Actions ➢Police Dept. has issued 10 citations since APPL-0365-2024 was approved on October 15, 2024 •October 18, 2024, Noise Violation at 10:00 PM with ~ 50 people present •February 8, 2025, Noise Violation at 10:30 PM with ~50 people present •May 31, 2025, Noise Violation at 2:30 PM with ~200 people present •October 3, 2025, Unruly Gathering at 12:30 AM with ~30 people present •November 7, 2025, Noise Violation at 9:30 PM with ~50 people present •December 4, 2025, Noise Violation at 9:30 PM with ~50 people present •January 22, 2026, Noise Violation at 10:30 PM with ~10 people present •*February 26, 2026, Noise Violation at 10:00 PM with ~50 people present •*March 5, 2025, Noise Violation at 10:30 PM with ~50 people present •*March 8, 2025, Noise Violation at 2:30 PM with ~20 people present 6 Fraternity Background ▪History of Code Enforcement Actions ➢Notice of Violation (NOV) issued in January 2025, relating to confirmed administrative citations, noise violations, and police contacts ➢NOV included warning that Code Enforcement would recommend the Use Permit for re-review to the Director ➢Administrative Citation issued in December 2025, with a fine of $50 for violation of the Use Permit based on the Unruly Gathering citation issued in October 2025 ➢Staff notified the fraternity that the CUP would be re -reviewed by the Planning Commission on January 29, 2026 7 Scope of Re-review ▪Conditional Use Permit Re-review (MOD-0029-2026) ➢Incidents resulting in noise violation and unruly gathering citations from the Police constitute violations of Conditions No. 5, 14, 15, 16, and 17 of APPL-0365-2024 ➢Condition No. 3 of APPL-0365-2024 requires Planning Commission re-review if: 1.Conduct on the permitted premises results in 3 citations within any 12 -month period for a violation of law or permit condition, 2.That citation is not contested or upheld on appeal, and 3.The conduct for which the citation was issued resulted in adverse impacts to, or complaints from, residents or occupants of the surrounding neighborhood. ➢Re-review may result in added, modified, and/or removed conditions; or revocation 8 Planning Commission’s Role ➢Consider these violations and requirements of the Municipal Code to determine •What modifications,if any,to the Use Permit conditions are necessary to make the required findings for continued use of the property as a fraternity,or •If the required findings cannot be made,to revoke the permit Revocation of the Conditional Use Permit ➢One or more findings from: •Municipal Code Section 17.110.070(A) (Required Findings for Minor or Conditional Use Permits) •Municipal Code Section 17.86.130(B) (Required Findings for Fraternities and Sororities) 9 Inconsistency with Zoning Regulations ▪Use is not consistent with Municipal Code Section 17.110.070(A) and Section 17.86.130(B) because the Applicant has been repeatedly cited for violations of the City’s Noise Ordinance, Unruly Gathering regulations, and their Use Permit. ➢10 citations were issued since the Use Permit’s issuance, with at least 3 issued within multiple overlapping 12-month periods, repeatedly meeting and exceeding the three - citation threshold established in Condition No. 3 ➢The fraternity failed to apply for special event permits or provide parking and transportation plans as required by Condition No. 5, despite evidence that events exceeded the routine gathering capacity limit 10 Recommendation Adopt a Resolution revoking the existing Conditional Use Permit (USE-0331-2023 /APPL-0365-2024)for operation of a fraternity located at 1264 and 1264 ½East Foothill Boulevard and 1241,1243,1249,and 1251 Monte Vista Place.