HomeMy WebLinkAboutPC-1116-2026 (MOD-0029-2026 -- 1264 Foothill, 1241, 1243, 1249 and 1251 Monte Vista Pl.)
RESOLUTION NO. PC-1116-2026
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
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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.
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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 significant effect on the environment. Additionally,
CEQA does not apply to projects which a public agency rejects or disapproves. (CEQA
Guidelines Section 15270.)
Resolution No. PC-1116-2026
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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 Commissioner Cooley, seconded by Commissioner Kahn, and on the
following roll call vote:
AYES: Commissioner Cooley, Commissioner Kahn, Commissioner Flores,
Commissioner Jorgensen, Commissioner Munoz-Morris, 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