HomeMy WebLinkAboutPC-1117-2026 (MOD-0036-2026 -- 280 California Blvd.)
RESOLUTION NO. PC-1117-2026
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 City 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
Resolution No. PC-1117-2026
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 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 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.
Resolution No. PC-1117-2026
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 agency 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.
Resolution No. PC-1117-2026
280 California Blvd. Page 4
On motion by Commission Cooley, seconded by Commission Munoz-Morris, and on
the following roll call vote:
AYES: Commissioner Cooley, Commissioner Munoz-Morris, Commissioner
Flores, Commissioner Jorgensen, Commissioner Kahn, Vice Chair
Tolle, Chair Houghton
NOES:
RECUSED:
ABSENT:
The foregoing resolution was passed and adopted this 11th day of March 2026.
___________________
Tyler Corey, Secretary
Planning Commission