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HomeMy WebLinkAboutItem 4c. Re-review of an existing Conditional Use Permit for operation of a fraternity located at 280 California Boulevard (MOD-0036-2026) PLANNING COMMISSION AGENDA REPORT SUBJECT: RE-REVIEW OF AN EXISTING CONDITIONAL USE PERMIT FOR OPERATION OF A FRATERNITY LOCATED AT 280 CALIFORNIA BOULEVARD (MOD- 0036-2026) PROJECT ADDRESS: 280 California Blvd. BY: Mallory Patino, Assistant Planner Phone Number: (805) 783-7704 FILE NUMBER: MOD-0036-2026 Email: mpatino@slocity.org A PPLICANT: Alpha Epsilon Pi FROM: Tyler Corey, Deputy Director RECOMMENDATION Adopt a Resolution revoking the existing Conditional Use Permit, USE-0625-2024, for operation of a fraternity located at 280 California Boulevard. SITE DATA Applicant General Plan Land Use Designation Zone Site Area Environmental Determination Alpha Epsilon Pi High Density Residential (HDR) High-Density Residential (R-4) Approximately 0.3 acre Categorically exempt from environmental review under CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) SUMMARY On August 2, 1983, City Council approved a Use Permit (U1099) to allow Alpha Epsilon Pi (Applicant) to operate as a fraternity at 280 California Boulevard. On November 13, 2024, the Planning Commission re-reviewed the Use Permit and approved a modification Meeting Date: 3/11/2026 Item Number: 4c Time Estimate: 30 minutes Figure 1 – Project Site Page 149 of 248 Item 4c MOD-0036-2026 Planning Commission Report – March 11, 2026 (USE-0625-2024) to continue operations with revised Conditions of Approval. Since the approval and modification of this Conditional Use Permit (CUP), the Applicant has resided at and utilized the property for fraternity activities. Due to recent noise and CUP 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 of to allow continuation of the fratern ity in a manner compatible with existing and proposed uses in the vicinity; or (b) revocation if the required findings cannot be made. 1.0 PROJECT BACKGROUND 1.1 Prior Conditional Use Permit Review and Approval On August 2, 1983, the City Council denied an appeal and upheld the Planning Commission’s approval of a Use Permit, U1099, to establish the fraternity for Alpha Epsilon Pi at 280 California Boulevard (Attachment B – Resolution No. 5189 [1983 Series]). Approval of the Use Permit included a residential addition/remodel and various site improvements to facilitate a 10-bedroom, approximate 3,680 square foot residence and 19 parking spaces to allow up to 19 residents. Since the approval of this Use Permit, the Applicant has improved and used the project site as their residence and for their fraternity activities. In 2024, Code Enforcement issued two Notice to Correct Code Violation(s) / Notice of Violations i.e., courtesy warnings related to confirmed code and Use Permit violations. Based on these violations, the Community Development Director (Director) referred the Conditional Use Permit for re-review to the Planning Commission. On November 13, 2024, the Planning Commission approved a modification (USE -0625-2024) to continue operations as a fraternity with revised Conditions of Approval (Attachment C – Resolution No. PC-1092- 24). Modification of the Conditional Use Permit (CUP) included a 25-person maximum for routine meetings, gatherings, or events; 19-parking space requirement; provisions for special events with more than 25 people through Director approval; 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; and 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 three (3) citations for noise violations since approval of CUP USE-0625-2024 in November 2024.  April 16, 2025, for a Noise Violation at approximately 10:00 PM with approximately Page 150 of 248 Item 4c MOD-0036-2026 Planning Commission Report – March 11, 2026 100 people present  April 18, 2025, for a Noise Violation at approximately 10:00 PM with approximately 100 people present  October 29, 2025, for a Noise Violation at approximately 9:30 PM Police with approximately 100 people present Two of the three citations were appealed, and both citations were upheld. Code Enforcement Actions On July 15, 2025, Code Enforcement issued a Notice of Violations (NOV; Attachment D) relating to the citations issued in April. The Notice of Violation stated that April incidents resulted in a violation of the CUP, specifically Condition No. 4, provided in Section 1.3 below. The Notice of Violation also included a warning that issuance of one more citation before April 16, 2026, would result in a recommendation for re -review of the CUP, in accordance with Condition No. 2 of USE-0625-2024, provided in Section 1.3 below. As noted above, the fraternity then received a third citation for violation of the City’s noise ordinance on October 29, 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. 2 of USE - 0625-2024. 1.3 Planning Commission’s Purview The multiple confirmed noise violations associated with the fraternity have resulted in violations of Conditions No. 4, 9, and 12 of CUP USE-0625-2024, which state: 4. Routine meetings and gatherings for the fraternity shall be limited to a maximum of 25 people, except as otherwise approved by the Community Development Director for special events. If the fraternity hosts special events involving more than 25 people, a transportation management plan to reduce impacts to the surrounding neighborhood shall be submitted to the Community Developme nt 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. 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 the revocation of this permit. Page 151 of 248 Item 4c MOD-0036-2026 Planning Commission Report – March 11, 2026 In accordance with Condition No. 2 of USE-0625-2024, the Director is referring the CUP to the Planning Commission as detailed below: 2. 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 for 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 the se 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 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; Page 152 of 248 Item 4c MOD-0036-2026 Planning Commission Report – March 11, 2026 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: Page 153 of 248 Item 4c MOD-0036-2026 Planning Commission Report – March 11, 2026 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 regula tions 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 and their CUP. As explained above, since issuance of CUP USE-625-2024 on November 13, 2024, the Police have issued three (3) citations for noise violations at the property, with all three incidents including approximately 100 individuals. These three (3) citations were issued within a 12-month period (April 16, 2024 – present), meeting the three-citation threshold established in Condition No. 3. The fraternity has failed to apply for special event permits or parking and transportation plans as required by their CUP, despite events that exceeded the routine gathering capacity limits. 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 o f 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 th e vicinity. Due to the issuance of three citations for noise violations within a 12 -month period and considering this is the second re-review of the CUP within a 2-year period, required finding 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.) Page 154 of 248 Item 4c MOD-0036-2026 Planning Commission Report – March 11, 2026 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 as is. An action to continue the Conditional Use Permit 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-0036-2026) 2. Resolution No. 5189 [1983 Series] (Approval of Original Use Permit, U1099) 3. PC Resolution No. 1092-24 (Modification of Use Permit, USE-0625-2024) 4. Notice to Correct Code Violation(s) for 280 California, Dated 7-15-2025 Page 155 of 248 Page 156 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 280 CALIFORNIA BOULEVARD. THE ACTION IS EXEMPT FROM ENVIRONMENTAL REVIEW. WHEREAS, on August 2, 1983, the City Council of the C ity of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, and denied an appeal and upheld the Planning Commission’s approval to allow a fraternity at 280 California Boulevard (the “property”), pursuant to a proceeding instituted under U 1099; Alpha Epsilon Pi, applicant; and WHEREAS, on November 13, 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, for the re-review of a Conditional Use Permit and conditionally approved the continuation of the fraternity at 280 California Boulevard, pursuant to a proceeding instituted under USE-0625-2024; Alpha Epsilon Pi, applicant; and WHEREAS, the City received complaints, and, between November 2024 and February 2026, the Police Department issued three citations relating to noise violations at the property, including at least three citations within a 12 -month period within these dates; and WHEREAS, Code Enforcement issued a Notice of Violation on July 15, 2025, relating to the multiple, verified violations of the existing Use Permit; and WHEREAS, the property received a third noise citation on October 29, 2025 after receipt of the above-referenced Notice of Violation; 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 157 of 248 Resolution No. PC-XXXX-26 280 California Blvd. Page 2 WHEREAS, Condition No. 2 of Use Permit USE-0625-2024 requires Planning Commission re-review if 1) conduct on the permitted premises results in three citatio ns 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 occupa nts of the surrounding neighborhood, at which time the Planning Commission could add, delete, or modify conditions of approval, or revoke the use permit; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, on March 11, 2026, for the re-review of the Conditional Use Permit and to consider the continuation of the fraternity at 280 California Boulevard, pursuant to a proceeding instituted under MOD - 0036-2026, Alpha Epsilon Pi, applicant; and WHEREAS, notice of said public hearing was provided at the time and in the manner required by, including publication on February 26, 2026, in the New Times newspaper of a legal ad for the public hearing; and WHEREAS, at said hearing, the Planning Commission of the City of San Luis Obispo considered all evidence, including testimony of the applicant, public comment, and recommendations by staff. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: SECTION 1. Findings. The Recitals stated above are incorporated herein as Findings of the Planning Commission. In revoking the Conditional Use Permit pursuant to Municipal Code Section17.102.020(C)(7), and without prejudice, the Planning Commission additionally finds: 1. The current use is not consistent with both Conditional Use Permit regulations of Municipal Code Section 17.110.070(A) and Fraternity regulations of Municipal Code Section 17.86.130 because: a. The fraternity has been repeatedly cited for violations of the City’s Noise Ordinance. b. Since April 2025, the Police have issued three citations for noise violations at the property. c. Code Enforcement issued a Notice of Violation of the Conditional Use Permit on July 15, 2025, which provided warning that a third citation before April 16, 2026, would result in a recommendation to re -review the permit to the Deputy Director of Community Development. Thereafter, the property received another noise citation in October 2025. d. The maximum number of people on site at each cited incident exceeded the limit established by the Conditional Use Permit (25 people), as noted by the Police Officers that issued citations for a noise violation on April 16, 2025, April 18, 2025, and October 29, 2025. Page 158 of 248 Resolution No. PC-XXXX-26 280 California Blvd. Page 3 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 that 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 Section 17.110.070(A)(3) cannot be made. 3. For the reasons stated above, the continued use of the property as a fraternity under the Conditional Use Permit is not appropriate for the subject location, is incompatible with the neighborhood, and will be detrimental to the health, safety, and welfare of persons living or working at the site or in the vicinity . The Planning Commission was not satisfied that any set of conditions would secure these purposes. Therefore, the required finding in Municipal Code 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 significant effect on the environment. Additionally, CEQA does not apply to projects which a public age ncy rejects or disapproves. (CEQA Guidelines Section 15270.) SECTION 3. Action. The Planning Commission hereby REVOKES the Conditional Use Permit USE-0625-2024, previously issued to 280 California Boulevard for use as a fraternity, based on the Findings stated above. Any subsequent application to establish a subsequent Conditional Use Permit for a fraternity at the location shall be subject to all requirements of the Municipal Code, including but not limited to Section 17.86.130 and Chapter 17.110. On motion by ______________, seconded by ________________, and on the following roll call vote: AYES: NOES: RECUSED: ABSENT: The foregoing resolution was passed and adopted this 11 th day of March 2026. ___________________ Tyler Corey, Secretary Planning Commission Page 159 of 248 Page 160 of 248 ) ) RESOLUTION NO. 5189 (1983 SERI.ES) A RK::;SOLUTION OP 'J.'HE COUNCIL OF THE Cl.TY OF SAN WIS OUISPO DEl.'fl;r.NG AN AP PKAL foJS:D UPHOL.OHITG A Pf4Ad1NING COMMISSION ACTION TO .il..P�'ROVE URE PERMIT REQUEST ALLOWING A F'RA'I:BRNIT.t HOUSi:: ALPnA EPSILON l?l AT WO CAJ..,IFO!RNIA &(li!H,iZi!ARn ATTACHMENT B Page 161 of 248 ATTACHMENT B Page 162 of 248 ATTACHMENT B Page 163 of 248 Page 164 of 248 RESOLUTION NO. PC-1092-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN LUIS OBISPO APPROVING MODIFICATIONS TO AN EXISTING CONDITIONAL USE PERMIT TO ALLOW THE CONTINUATION OF THE FRATERNITY AT 280 CALIFORNIA 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 NOVEMBER 13, 2024 (USE- 0625-2024) 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 August 2, 1983, to review an appeal of the Planning Commission’s approval of a Use Permit to allow a fraternity at 280 California Boulevard, pursuant to a proceeding instituted under U1099; Alpha Epsilon Pi, applicant; and WHEREAS, the City Council of the City of San Luis Obispo denied the appeal and upheld the Planning Commission’s approval of the Use Permit, U1099, on August 2, 1983, 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, the City received complaints and issued citations for multiple, verified noise violations in 2023 and 2024; 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 November 13, 2024, for a re-review of the existing Conditional Use Permit to allow the continuation of the fraternity at 280 California Boulevard, pursuant to a proceeding instituted under USE- 0625-2024; Alpha Epsilon Pi, applicant; and WHEREAS, the Planning Commission of the City of San Luis Obispo approved modifications to the Conditional Use Permit, USE-0625-2024, after duly considering all evidence, including the documented noise violations, testimony of the applicant 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; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: Page 165 of 248 Resolution No. PC-1092-24 Page 2 280 California Blvd., USE-0625-2024 SECTION 1. Findings. The Planning Commission hereby approves modifications to the Conditional Use Permit to allow the continuation of the fraternity (USE-0625-2024), based on the following revised 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 19 residents complies with the group housing maximum occupancy limits and (b) the revised parking configuration would provide 19 required spaces for 19 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., within 0.3-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. Page 166 of 248 Resolution No. PC-1092-24 Page 3 280 California Blvd., USE-0625-2024 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 continued operation and permitting of an existing residential use (i.e., fraternity) with revised findings and conditions of approval. The project does not include construction of a new building or additional building square footage. Therefore, the project involves no expansion of the existing residential use. SECTION 3. Action. The Planning Commission hereby approves modifications to the Conditional Use Permit to allow the continuation of the fraternity (USE-0625-2024), 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 November 13, 2024, 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: 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. 3. The fraternity shall be limited to a maximum of 19 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. Page 167 of 248 Resolution No. PC-1092-24 Page 4 280 California Blvd., USE-0625-2024 4. Routine meetings and gatherings for the fraternity shall be limited to a maximum of 25 people (rounded up from 24.75 = 16.5 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 25 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. 5. 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. 6. 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. 7. For the life of the organization, the property shall be maintained in a clean and orderly manner. All landscaping shall be replaced as necessary and maintained (e.g., trimmed, pruned, etc.) to the satisfaction of the Community Development Director. 8. A minimum of 19 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. 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. 10. 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 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. 11. 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 Page 168 of 248 Resolution No. PC-1092-24 Page 5 280 California Blvd., USE-0625-2024 Director as part of the special event. 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 the revocation of this permit. 13. Within 60 days of the re-review hearing with the Planning Commission on November 13, 2024, the fraternity shall install a minimum of 19 bicycle spaces (one space for each resident) and contact the City for a follow-up inspection to verify that all required bicycle spaces have been installed. Indemnification 14. 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 Juan Munoz-Morris, seconded by Commissioner Bob Jorgensen, and on the following roll call vote: AYES: Commissioners Bob Jorgensen, Steve Kahn, and Juan Munoz- Morris, and Chair Justin Cooley NOES: Commissioner Eric Tolle and Vice Chair Dave Houghton RECUSED: None ABSENT: Commissioner Sheryl Flores The foregoing resolution was passed and adopted this 13th day of November 2024. _______ __________ Tyler Corey, Secretary Planning Commission Page 169 of 248 Page 170 of 248 Notice of Violation July 15, 2025 Manda Properties LLC % Comet Realty 1110 California Blvd #C San Luis Obispo, CA 93401 SUBJECT ADDRESS: 280 California Blvd, San Luis Obispo, CA 93405 APN: 052-072-017 Code Case #: CODE-000074-2024 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 corp oration, 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: I. 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.” Condition Four (4) of the newly approved use permit (USE-0625-2024 approved November 13, 2024) allowing a fraternity at the subject property indicates “Routine meetings and gatherings for the fraternity shall be limited to a maximum of 25 people, except as otherwise approved by the Community Development Director for special events. If the fraternity hosts special events involving more than 25 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.” Police Department records indicate that two citations regarding violations of the city’s noise regulations were issued after 10:00 p.m. on April 16th and April 18th, 2025. Both incidents were reported as having 100 people or more. Condition Two (2) of the use permit states that if conduct on the permitted premises results in three (3) citations within any 12-month period for a violation of law or permit condition the Conditional Use Permit shall be reviewed by the Planning Commission as soon as practical. As two citations have already been issued, one more citation before April 16, 2026 will result in a recommendation for review of the use permit. We request that you voluntarily take immediate action to correct the above noted violation(s). These violations constitute a public nuisance and must be abated. Failure to correct the violation(s) by the Page 171 of 248 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, 919 Palm Street, San Luis Obispo, CA 93406, 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 Officer at (805) 783-7841 or ssheats@slocity.org. Sincerely, ____________________________ Steve Sheats, Code Enforcement Officer Cc: File Enclosures: Request for Directors Review, Use Permit USE-0625-2024 Page 172 of 248 1 Fraternity Conditional Use Permit Re-review MOD-0036-2026 Planning Commission Hearing –March 11, 2026 2 Recommendation Adopt a Resolution revoking the existing Conditional Use Permit (USE-0625-2024)for operation of a fraternity located at 280 California Boulevard. 3 Project Site •High-Density Residential (R-4) Zone •Developed property with single residence with 10 bedrooms and various site improvements •Lot has direct access from California Boulevard •Adjacent to single-and multi-family residences, and liquor store •Cal Poly SLO campus approximately 0.3-miles (walking) from property 4 Fraternity Background ▪Original Use Permit (U1099)approved in 1983 ➢City Council allowed Alpha Epsilon Pi to establish a fraternity at 280 California Blvd. ➢Limited residents to maximum of 19 individuals ➢Included condition for re-review if complaints were received ▪Use Permit re-reviewed and continued in November 2024 (USE -0625-2024) ➢Planning Commission re-reviewed and modified the Use Permit to allow continuation of a fraternity •Set maximum gathering capacity of 25 people for regular meetings and special events •Added condition for re-review if conduct on the premises results in 3 citations within any 12-month period 5 Fraternity Background ▪History of Police Actions ➢3 Police Dept. citations for noise violations issued between April 2025 to present •April 16, April 18, and October 29, 2025 –all with approximately 100 people onsite ▪History of Code Enforcement Actions ➢Notice of Violation (NOV) issued in July 2025, after the April incidents resulted in a violation of Condition No. 4 ➢NOV warned that issuance of a 3rd citation before April 16, 2026, would result in re- review ➢Staff notified the fraternity that the CUP would be re -reviewed by the Planning Commission on January 29, 2026 6 Scope of Re-review ▪Conditional Use Permit Re-review (MOD-0036-2026) ➢Incidents resulting in noise citations from the Police constitute violations of Conditions No. 4, 9 and 12 of USE-0625-2025 ➢Condition No. 2 of USE-0625-2024 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 7 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) 8 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 and their Use Permit. ➢Three citations were issued within a 12 -month period (April 16 -October 29, 2025), meeting the three-citation threshold established in Condition No. 2 ➢This re-review is the second re-review withing a 2-year period ➢The fraternity failed to apply for special event permits or provide parking and transportation plans as required by Condition No. 4, despite evidence that events exceeded the routine gathering capacity limit 9 Recommendation Adopt a Resolution revoking the existing Conditional Use Permit (USE-0625-2024)for operation of a fraternity located at 280 California Boulevard.