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Home My WebLink About_CDD42007_1238 Foothill - Notice of hearing + Decision _ SLO RIDECity of San Luis Obispo, City Attorney’s Office, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7140, slocity.org Notice of In-Person Hearing Page 1 February 5, 2026 Eta Rho House Board Corporation SLO RIDE 1225 LLC Attn: Anette Ortega 1238 E Foothill Blvd San Luis Obispo, CA 93405 Via First Class Mail and Email to: Re: Notice of In-Person Hearing Administrative Citation #42007 To Eta Rho House Board Corporation: To SLO RIDE 1225 LLC: To Anette Ortega: On January 16, 2026, the City of San Luis Obispo received your appeal of the administrative citation referenced above. 1. Hearing Date, Time, and Place. Your hearing on the appeal has been set for: Tuesday, February 24, 2026, at 2:00PM Council Hearing. San Luis Obispo City Hall 990 Palm St. San Luis Obispo, CA 93401 The hearing may be continued to a different date for good cause, but not to accommodate an academic schedule. Such a request to continue, and the reasons you feel constitute good cause, must be submitted in writing and received by the hearing officer or the director of the department that issued the citation within 5 days of the date of this notice. 2. Hearing Officer or Board. The hearing officer assigned to your appeal is Alex Karlin. 3. Failure to Appear or Submit Evidence. Should you fail to appear at your hearing or, at least 10 days prior to the hearing, submit written evidence to the hearing officer and to the director of the department that issued the citation, your appeal may be considered abandoned. Abandonment of the appeal is a failure to exhaust administrative remedies making your citation fine due and payable immediately. An in-person hearing is your right but not a requirement. Upon receiving this Notice of In-Person Hearing, should you determine you are unable to attend the hearing as scheduled, immediately notify the hearing officer and your appeal can instead be reviewed on the record. Notice of In-Person Hearing Page 2 4. Addresses for Communication, Notices, or Requests. Any communications, notices, or requests to the hearing officer shall be addressed as follows: Hearing Officer Alex Karlin c/o City Attorney’s Office 990 Palm St. San Luis Obispo, CA 93401 Email: city_attorney@slocity.org Any communications, notices, or requests to the director of the department that issued the citation shall be addressed as follows: Community Development - Building & Safety Attn: John Mezzapesa 919 Palm Street San Luis Obispo, CA 93401 Email: JMezzape@slocity.org Additional information regarding the appeal process may be found in Chapter 1.24 of the San Luis Obispo Municipal Code which is posted at: https://sanluisobispo.municipal.codes/. If the City has included in the administrative record video or audio recordings related to the citation being appealed, those may be reviewed in their entirety by contacting the staff member listed below and scheduling a time to review the recordings in-person. No copies will be provided and no remote viewing will be facilitated. Any request to review the recordings must be received at least two (2) business days in advance of your hearing date. Please note that audio generated in close proximity to the body worn camera microphone is prioritized over ambient or distant sounds. For more details, please find enclosed a notification from the body worn camera manufacturer. If you have a disability and need a reasonable accommodation to participate in the hearing, please contact, in writing, the director of the department that issued the citation as soon as possible. The appeal hearing will be conducted in English. You are welcome to bring an interpreter if needed. Please call (805)781-7140 or write to city_attorney@slocity.org should you have any questions. Sincerely, Amel Belghoul Legal Assistant City Attorney’s Office Enc: Administrative Record Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) 09/25/2025 SLO RIDE Ca LLC%Link Real Estate Group 3940 Broad St Unit:STE 7-361 San Luis Obispo, 93401 SUBJECT ADDRESS: 1238 Foothill Blvd, San Luis Obispo, CA 93405 APN: 052-071-008 Dear Property Owner, City of San Luis Obispo Community Development Department staff has been made aware of violations of the San Luis Obispo Municipal Code located at 1238 Foothill Blvd Within the City of San Luis Obispo, a fraternity or sorority requires a use permit when within the R-3 & R-4 zones and is not allowed within the R-1 & R-2 zones as described in section 17.10.020 of the San Luis Obispo Municipal Code. The city defines a Fraternity/Sorority as: Residence for college or university students who are members of a social or educational association that is affiliated and in good standing with the California Polytechnic State University and where such an association also holds meetings or gatherings. (SLOMC 17.156.014). In summary, a location meets the definition of a fraternity or sorority when it houses fraternity/sorority members AND holds a meeting or gathering hosted by a social or educational association. On 06/04/2025 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 regulations by zone (SLO MC §17.10.020): A. Allowed Uses: Uses within zones shall be regulated as set forth in Table 2-1; Uses Allowed by Zone, subject to subsections B through F of this section and additional regulations specified in the Specific Use Regulations Column of Table 2-1. Land uses are defined in Chapter 17.156 (Land Use Definitions). In Table 2-1, symbols shall have these meanings: Corrective Action: 1. Stop all fraternal/sorority gatherings, meetings, or activities at this property. 2. Remove any and all fraternal/sorority identifying markers from the property such as painted letters, brandings, or any item(s) similar to that in nature. We request that you voluntarily take action to correct the above noted violation(s) immediately. These violations constitute a public nuisance and must be abated. Failure to correct the violation(s) as soon as possible 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 Community Development 91 I Palm street, San Luis obisp0, CA 93401 -321 I 805.781 .71 70 slocity.org tU20t2025 CALLC%LINK REAL ESTATE GROUP SLO RIDE 3940 BROAD ST. UNIT: STE 7-361 SAN LUIS OBISPO, CA 9340I SUBJECT ADDRESS:1238 Foothill Blvd. San Luis Obi Code Case #: CODE-000275-2025 Dear Property Owner, On September 9th, 2025, City of San Luis Obi following violations of the San Luis Obispo address: Use Allowed by the Specific Use In Table 2-l Notice to Correct Code Violation(s)Afotice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) 52-07 r -008 Department staff noted the relevant codes at the above listed San $ 17.10.020: uses. (Jses within zones shall be regulated as setforth in Table 2-l: Uses B through F of this section and additional regulations specified in column of Table 2-1 Land uses are defined in Chapter 17.156 (Land Use shall hove these Code Municipal A The use is allowed as a matter of right MUP The use requires a minor use permit approved by the director, as provided in SectionlT.l 10.030 (Procedure-Minor Use Permit). CUP The use requires a conditional use permit approved by the planning commission, as provided in SectionlT.l10.040 (Procedure- Conditional Use Permit). 1990 Loomis St San Luis Obispo CA,93405 111201202s Page2 A COPY OF THIS NOTICE MUST BE ATTA ALL REQAIRED WORK MUST BE We request that you voluntarily violations constitute a public sections cited in this notice payment of FINES in remain uncorrected after is civil or criminal Additionally, cease at this location may please contact the city to meet current zoning TIONS FOR A PERMIT. 90 DAYS OF PERMIT ISSAANCE. noted violation(s) immediatelv. These violation of the same code ce Administrative Citation requiring r 1.24. For Municipal Code violations that the City may seek enforcement by other request a Director's review of this Notice by Review Form and submitting it to the Community A/M The use is allowed above the ground floor only. Subiect to minor use permit review, the use may be established on the groundfloor. Corrective Action: Please cease all use ofthe subject address as a all events that are associaled with a fraternity or sorority. Any future result in the issuance offines. If the location is within the R-3/R-4 zone, and a fraternity IS Planning Department at (805)781-7170 to determine if the regulations and the required steps for submittal. Any person completing Develo 93406, a interest Req uest for S vla code@slocity.org or to 919 Palm Street, San Luis Obispo, CA ve (5) days ofthe this Notice. This Notice shall be deemed final unless you timely file a Req Director's We look to resolve these violations and would like to thank you for your efforts to maintain and to help preserve the safety and beauty of our community If you have questions, please contact the undersigned Officer at (S05) 440-9825 or rsalem@slocity.org. Sincerely, 4fri7ucr 34/97// Rami Salem, Code Enforcement Officer and Safe Housing Coordinator Cc: File Enclosures: Request for Directors Review result in the with SLOMC an Administrati and Community Development g1g Palm Street, San Luis 0bispo, CA 93401 -321 I 805.781 7170 slocity org Declaration of Service and Posting of Notice SUBJECT ADDRESS 1238 FOO HILL BLVD SAN LUIS OBISPO, CA 5 CASE NO.: CODE-000275-2025 Citation No 7 Officer: R 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 Seciion 15.02.010 of the San Luis Obispo Municipal Code, l/we deposited-f a receptacleforthe U.S. postit Service, in a sealed envelope, postage prepaid, bylX regular mail, and/or El certified mail, 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 23'd day of December ,2025, San Luis Obispo, California Officer or clerk effecting service by mail: A TI (Print Name) Officer effecting service by posting: (Signature)(Time/date) rint Name (Signature tm Community DeveloPment Citation No.:42007 ADMINISTRATIVE CITATION AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUNICIPAL CODE:i1:i P:lr:r Slr?i: lin l-Liis lllrsiilj rl;1 :t 'l i'' l 'zi'r ": tcs;3 I7rir,l slti:iil. ot,q V!1", Citation V 2o Citation M t'o Gitation il nUOitional / Daily Fines 1238 Foothill Blvd San Luis Obispo , cA 93405 AP N: 052-071-008 ADDRESS OF VIOLATION: DATE OF VIOLATION: NAME: ADDRESS: Septem ber 11,12,13,2025 SLO RIDE 1225 LLC 3940 BRO AD ST STE 7-361 MailAppeals to:City of San Luis Obispo, CitY Clerk , San Luis ObisPo, CA 93401990 Palm St lssued By: R. Salem Signature e: Code Enforcement Officer PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNTCIPAL CODE' YOU ARE HEREBY oRDERED TO IMMEDIATELY CORRECT THE VIOLATION(S) DEgCIIP.P- B-ILOW AND PAY THE FINE' YOU ARE FURTHER ORDERED TO CEASE THE ACTIVITY,GIVING RISE TO THE VIOLATION' WHEN coRREcloNS ARE coMpLETE pLEAaE scHEDULE AN lNSPEcrloN BY CALLING (805)781-7180' To AVorD ADDT,,oNAL FrNES coMpLrANCirvrusr ee ventrlio eY oepeRTMENT srAFF' lF DAILY FINES AppLy AS NorED ABovE, THE FrNEs SHALL AccRUE DATLY ,NTIL THE vloLATloN(s) ARE CoRRECTED. FAILURE TO CORRECT THE VIOLATION(S) WIL-!-.1=s9L-T lN THE lssuANCE OF ADDTTTONAL ADMINISTRATIVE CITATIONS AND eSCnmriruO 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 acciual of 8% per month as contained in sLoMC 1.24.070 c. The city may pursue ail regar, equitabre, and ad.ministrative remedies for the collection of unpaid civil administrative fines. oelinqueni fines will be forwarded to a collection agency for PaYment. Mail Payments to: Gity of San Luis Obispo, Gommunity Development Department gtti 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 require-ci-to file an appeal' -FAILURE TO FILE AN AppEAL wrLL wArvE youR RrcHT To ioNTEST THrs crrATroN. prease see the attached Appeal Form for more information. FINEDESCRIPTION OF VIOLATIONCODE SECTION $1 00UseUSCnermittedESUSowedAllpubzonelationsuvsLoMC S 17.10.020 $500ulationszone. Allowed uses - Un itted UseUse re17.10.020SLOMC $1 000ulationsloweditted UseUseUnUSCSAInzoe17.10.020SLOMC $1 600Amount Due (or subtotal if daily fine) btotaSUXnodaysTNUDEALTOUAMTtheoFonaSplvpDaily RELATED CE CASE: CODE-OOO275-2025 DATE CITATION ISSUED Dece mber 23,2025 TNVOTCE (00042007) FOR CITY OF SAN LUIS OBISPO BILLING CONTACT SLO RIDE CA LLC%LINK REAL ESTATE GROUF SLO RIDE '1225LLC A CA LLC %LINK REAL ESTATE GROUP 3940 BROAD St STE 7-361 San Luis Obispo, CA 93401 TOTAL $1,600.00 INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION 00042007 12t23t2025 01t22t2026 Due NONE REFERENCE NUMBER FEE NAME TOTAL coDE-000275-2025 CE lstAdmin Citation CE 2nd Admin Citation CE 3rd Admin Citation $100.00 $500.00 $1,000.00 1238 Foothill Blvd San Luis Obispo, CA 93405 SUBTOTAL $1,600.00 December 23, 2025 City of San Luis Obispo Page 1 of 1 CODE CASE ACTIVITY REPORT CODE-000275-2025 FOR CITY OF SAN LUIS OBISPO Address:Closed Date:In ViolationStatus:1238 Foothill Blvd San Luis Obispo, CA 93405 10/01/2025Opened Date:Rami SalemAssigned ToCode EnforcementCase Type: Activity Date Created By Activity Type CommentsActivity Name 10/02/2025 Investigation research determined that the sorority at this location held events on 9/9/2025, 9/11/2025,9/12/2025,9/13/2025. There is no use permit for this location to operate as a sorority. ResearchJohn Mezzapesa 9/25/2025 11/20/2025 Generated a notice of violation for owner and residents. Notice of ViolationRami Salem 11/20/2025 12/23/2025 Citation for First, Second and Third violations sent to PO via first class and certified mail and posted on site, sent to tenant via first class mail . Admin CiteJohn Mezzapesa 12/23/2025 12/29/2025 Spoke with the leasing party Annette Ortega pertaining the case details and documentation. Emailed her copies of the Original Notice of violation, Invoice, Administrative Citations (1,2, & 3), Photos attached to the case file, Request for a director's review, and an administrative Citation Appeal Form. CorrespondenceRami Salem 12/29/2025 Page 1 of 1City of San Luis ObispoJanuary 27, 2026 Once filled out entirely and signed, email your form to CityClerk@slocity.org Or deliver in person or by mail to: City Clerk’s Office, 990 Palm Street, San Luis Obispo, CA 93401 Administrative Citation Appeal Form Form must be received by the City Clerk within 10 days of date of citation to be considered timely filed. If no appeal is filed within ten days, the administrative citation shall be deemed final. SLMC§1.24.100(A). Revised and Published: 7/1/2025 PLEASE READ INSTRUCTIONS STARTING ON PAGE 2 BEFORE COMPLETING Address of Citation: If applicable Mark only one Reason for appeal.Attach additional pages as necessary. Election of Appeal Process. Choose One. Election is final. Appeal Fee. (calculate using worksheet on page 3): $ _______________ . Failure to pay the appropriate fee may cause your appeal to be rejected Office Use Only Staff initial for collection of fee _AB_ Date received ___1/16/26_____ 8 In-person Hearing. Optional I wish to have my appeal heard on the record, so I do not need to attend an in-person hearing. I understand I may submit evidence in support of my appeal up to ten (10) days in advance of the day of review for my appeal and that I will receive written To waive your right to an in-person hearing, initial here following Official Mailing Address: Truth of Appeal. that this appeal form was executed on: Representative.If applicable, Legal counsel or agent of Appellant SLOMC 17.10.020 1238 E Foothill BlvdSan Luis Obispo, CA 93405 Anette Ortega 1238 E Foothill BlvdSan Luis Obispo, CA 93405 Attached via email. $109.18 Sept 11, 12, 13, 2025 SLOMC 17.10.020 1/15/2026 San Diego, CA, USA Page 2 Administrative Citation Appeal Form Instructions Questions about this form or the appeal process should be directed to the City Attorney’s Office Email: City_Attorney@slocity.org, Phone: (805)781-7140 1.Citation Details: Describe the administrative citation received (that you are appealing) with as much detail as possible. The specific information required by the Municipal Code is listed in the form, but any identifying information you provide will assist staff to quickly complete the initial intake processing of your request to appeal. San Luis Obispo Municipal Code Section 1.24.100(C)(3)(a-b). 2.Appellant Details: Whether cited as an individual, business owner, property/building owner, or are being held financially responsible as a tenant for a citation issued to your landlord, all contact information you wish to provide to the City should be entered here. If there is more than one appellant, attach additional pages and provide the contact information for every appellant. San Luis Obispo Municipal Code Section 1.24.100(C)(1). 3.Citation Issued to a Business: For an appeal of a citation issued directly to a business (e.g. failure to timely renew a business license), please provide the additional information in part 3 of this form. The Business Name and License number should be on the renewal notice, administrative citation, or other notifications. 4.Interest in Citation: For an administrative citation issued to an individual, only that specific person may submit an appeal. Any appeal submitted by a roommate, family member, etc., on behalf of the individual cited, will be rejected. For appeals issued to a property or building, the owner or their agent may submit an appeal, as well as any tenant who is being held contractually, financially responsible for the property citation. Any legal representative or other agent of the appellant should provide their own contact details in part 11 of this form. San Luis Obispo Municipal Code Section 1.24.100(C)(2). 5.Reason for Appeal: Give a brief statement of why you are appealing, the relief or action sought, and why the administrative citation should be revoked, modified or otherwise set aside. The AMOUNT of the fine cannot be reduced on appeal. Attach additional pages as necessary, and include any audio, video, photographic, or other supporting evidence you wish to provide. San Luis Obispo Municipal Code Section 1.24.100(C)(3)(c). 6.Election of Appeal Process: Only one appeal process may be chosen, and once chosen, the election is final. San Luis Obispo Municipal Code Section 1.24.100(B)(2)(c). All citations that include a violation of Title 15 of the San Luis Obispo Municipal Code (building and related codes), even if other non-Title 15 code violations are also cited, must be appealed to the Construction Board of Appeals. San Luis Obispo Municipal Code Section 1.24.100(B)(1). For citations that do not include a violation of Title 15, you must make a choice between: •Administrative Review Board: If you wish to retain your right to challenge the administrative citation, or any final city action related to the citation, in court by any writ action, you must appeal to the Administrative Review Board for a more formal, comprehensive hearing to ensure preparation of an adequate administrative record. Should you wish to then challenge that board’s decision in court, you will need to file a petition for writ with the Superior Court, which may require the services of an attorney to prepare, and will require payment of the City’s costs to prepare the administrative record. San Luis Obispo Municipal Code Section 1.24.100(B)(2)(b). •Hearing Officer: An expedited, less formal appeal process to a city hearing officer, whose final decision may be appealed directly to the superior court for de novo review pursuant to California Government Code Section 53069.4. San Luis Obispo Municipal Code Section 1.24.100(B)(2)(a). For citations that do not include a violation of Title 15, failure to request a hearing before the Administrative Review Board will result in the appeal being assigned to a Hearing Officer and will constitute a failure to exhaust administrative remedies for purposes of any subsequently filed writ action. San Luis Obispo Municipal Code Section 1.24.100(C)(4). Once filled out entirely and signed, email your form to CityClerk@slocity.org Or deliver in person or by mail to: City Clerk’s Office, 990 Palm Street, San Luis Obispo, CA 93401 Page 3 7.Appeal Fee. Every path of appeal requires payment of a fee due at the time your appeal is submitted. Once your appeal is determined to be complete, timely and valid, the fee is non-refundable as it is recovery of a percentage of the cost to bring your appeal to hearing, regardless of the outcome. Fees are adopted by City Council resolution and updated annually. Use the chart below to properly determine or calculate your appeal fee. If you are appealing for Hearing Officer Review and cannot determine the amount of your fine(s), please contact the City Attorney’s Office by phone (805)781-7140 or email city_attorney@slocity.org, and support staff will be able to assist you: Title 15 violations (including duplexes), a demolition permit, or any item permitted under the “Additional Building capped at $109.18 but could be less depending on the amount of your fine amount in (1) multiplied by 0.25 whichever is less of (2) & (3) Payment by check should be made out to the “City of San Luis Obispo.” Payment by credit card can be facilitated by the Finance Department1 and should be completed prior to submission of your appeal form, with a copy of the payment receipt attached to the form. Any appeal received without payment of the proper fee may be rejected. 8.In-Person Hearing: It is your right, no matter which appeal process you choose, to have an in-person hearing for your appeal. However, you are under no obligation to appear. If you choose, you may elect to have your appeal reviewed on the record (all the documents, pictures, etc. submitted by yourself or the City). San Luis Obispo Municipal Code 1.24.110(F). This review on the record will occur on or after a certain date and you will receive written notice of the date of review for your appeal. If you choose to participate in an in-person hearing, you will receive a written notice of hearing. San Luis Obispo Municipal Code Section 1.24.110(B). 9.Official Mailing Address: The Municipal Code requires certain notices be sent via U.S. Mail and so, while courtesy notifications may be sent via email or to other addresses, you are required to provide one official mailing address for your appeal. San Luis Obispo Municipal Code 1.24.100(C)(5). 10.Signature: The step most commonly missed in the appeal process (and the most common reason for rejection of a timely appeal) is failure to sign the appeal and declare the facts stated in the appeal to be true. The form provides a signature block for this purpose but if there are multiple appellants, all must sign a declaration. Any additional declarations can be attached as additional pages. San Luis Obispo Municipal Code 1.24.100(C)(5). 11.Representative of Appellant: Any legal representative or other agent assisting with the preparation of the appeal or who intends to appear at the hearing, must provide their contact information and relationship to the appellant. 1 Finance Department staff are available by phone (805)781-7124 and at the public counter, downstairs at City Hall (990 Palm Street), Monday – Thursday, 8:00am – 4:00pm RE: Appeal of Administrative Citations for Case #CODE-000275-2025, Citation #42007 Property Address: 1238 E. Foothill Blvd, San Luis Obispo, CA Dear Community Development Department, On behalf of 1238 E Foothill, the Eta Rho House Board is respectfully submitting this appeal regarding the administrative citations issued under Code Case #CODE-000275-2025 and Citation #42007. We would first like to clarify the timing and context of the citations. The residents at 1238 E Foothill became the tenants of the property on August 1, 2025. The initial Notice to Correct Code Violation(s)/Notice of Violation dated June 4, 2025 predates this tenancy and relates to conditions or activities associated with a prior occupant. We respectfully request reconsideration of the following citations as this Notice to Correct does not pertain to our occupancy or operations at the site. We acknowledge the City’s determination that a Conditional Use Permit is required for fraternity or sorority housing within the R-4 zoning district. In good faith, and since receiving notice of the September 9, 2025 citation, the House Board submitted a Conditional Use Permit application for Parcel 052-071-008 (including the 1238 E Foothill address), which is currently under review. We are committed to full compliance with the San Luis Obispo Municipal Code. Kappa Kappa Gamma is a nationally governed women’s fraternity with an affiliated chapter at California Polytechnic State University. The Eta Rho Chapter operates under strict national risk management policies and a comprehensive code of conduct that emphasizes safety, lawful behavior, and positive community relations. The chapter residence is overseen by a House Board Corporation that provides ongoing governance and enforcement of these standards. For many years, the Eta Rho Chapter has previously operated at 244 California Boulevard and 1716 Osos Street under approved CUPs and without incident. The chapter remained compliant with city regulations and maintained positive community relations. We intend to continue this same standard of operation at 1238 E. Foothill Boulevard upon approval of a new CUP. With respect to the activity cited in September 2025, we acknowledge that members utilized the residence to stage photographs that were later shared on the chapter ’s official social media account. This activity was limited in scope and did not involve a social event. The chapter is not hosting social events, recruitment activities, initiations, meetings, or fraternity-sponsored gatherings at the residence. During the Fall 2025 term, all official chapter activities were intentionally held off-site or on campus, including fall recruitment and new member initiation on campus, Founder ’s Day at an off-site location, and Leadership Day at a downtown hotel. No affiliated social events have been held at the chapter house, and no future events are scheduled at the residence. In light of the change in tenancy as of August 1, 2025 and our efforts to comply through the pending CUP application, we respectfully request reconsideration of the violation determination and dismissal or reduction of the associated administrative citations. Thank you for your time, consideration, and continued collaboration. We look forward to working cooperatively with the City to resolve this matter. Anette Ortega, President Eta Rho House Board Corporation of Kappa Kappa Gamma Fraternity ( City of San Luis Obispo Finance 990 Palm Street San Luis Obispo, CA 93401 (805) 781-7124 www.slocity.org Thank you for your payment. Have a nice day! Friday Jan 16 2026 09:48:10 AM Admin Citation Appeal Fee (ACAF) 42007 - ANETTE ORTEGA 109.18 __________________________________________ Total 109.18 Credit 9933 109.18 Receipt #: finance-01162026-20 Cashier: Patrick Koski . . . . . . . . . . . . . . . . . . . . . VISA ************ Entry Method: MANUAL Date: 01/16/26 Time: 09:49:13 Reference: q-38LjL1YkaEPii6PYYtpVcOAWJ9L Auth Code: 014463 Approved - Thank You Merchant Id: CITYOSANL2GB . . . . . . . . . . . . . . . . . . . . . TOTAL USD $ 109.18 I AGREE TO PAY THE ABOVE AMOUNT ACCORDING TO THE CARD ISSUER AGREEMENT (MERCHANT AGREEMENT IF CREDIT VOUCHER) x_________________________________________ Cardholder Signature City Copy City of San Luis Obispo Finance 990 Palm Street San Luis Obispo, CA 93401 (805) 781-7124 www.slocity.org Thank you for your payment. Have a nice day! Friday Jan 16 2026 09:48:10 AM Admin Citation Appeal Fee (ACAF) 42007 - ANETTE ORTEGA 109.18 __________________________________________ Total 109.18 Credit 9933 109.18 Receipt #: finance-01162026-20 Cashier: Patrick Koski . . . . . . . . . . . . . . . . . . . . . VISA ************ Entry Method: MANUAL Date: 01/16/26 Time: 09:49:13 Reference: q-38LjL1YkaEPii6PYYtpVcOAWJ9L Auth Code: 014463 Approved - Thank You Merchant Id: CITYOSANL2GB Customer Copy From:Belghoul, Amel To: Subject:Receipt of Administrative Citation Appeal - Ortega Date:Friday, January 23, 2026 10:42:00 AM Attachments:image002.png image003.png Anette Ortega: On January 16, 2026, the City of San Luis Obispo received your Administrative Citation Appeal Form for the citation issued to you on December 23, 2025. A hearing on your appeal will be scheduled as soon as there is an opening in the calendar of the volunteer hearing officer. You will be notified in writing of the hearing date as required by the San Luis Obispo Municipal Code. Payment of your fine is on hold until the hearing officer has issued a decision. Amel Belghoul Legal Assistant I City Attorney's Office E ABelghou@slocity.org T 805.781.7555 The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the designated addressee named above. The information transmitted is subject to the attorney-client privilege and/or represents confidential attorney work product. Recipients should not file copies of this email with publicly accessible records. If you are not the designated addressee named above or the authorized agent responsible for delivering it to the designated addressee, you received this document through inadvertent error and any further review, dissemination, distribution or copying of this communication by you or anyone else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you From: Kappa House Board < Sent: Friday, January 16, 2026 10:32 AM To: CityClerk <CityClerk@slocity.org> Subject: Submission of Administrative Citation Appeal - Citation #42007 Dear City Clerk Office, On behalf of the Eta Rho House Board for the property located at 1238 E Foothill Blvd, I am writing to submit the materials related to our Administrative Citation Appeal for Code Case #CODE-000275-2025, Citation #42007 Attached for your records, please find the following: Completed Administrative Citation Appeal Form Declaration of Service and Posting Notice Notice to Correct Code Violation dated September 25, 2025 Notice to Correct Code Violation dated November 20, 2025 Receipt of payment We would also like to note that we received a posted letter from John Mezzapesa, Code Enforcement Supervisor, indicating an extension of the appeal deadline through January 17. Thank you very much for your time, assistance, and consideration. IMG_0629.pdf IMG_0630.pdf -- Loyally, Anette Ortega, President Eta Rho House Board Corp of Kappa Kappa Gamma E: PROOF OF SERVICE - 1 - PROOF OF SERVICE STATE OF CALIFORNIA; COUNTY OF SAN LUIS OBISPO I am employed in the County of San Luis Obispo, State of California. I am over the age of 18, and not a party to the within action. My business address is 990 Palm Street, San Luis Obispo, California 93401. On February 5, 2026, I caused the foregoing document described as NOTICE OF ADMINISTRATIVE APPEAL HEARING to be served on the interested parties in this action by placing true copies thereof enclosed in sealed envelopes, addressed as follows: SLO RIDE 1225 LLC 1238 E Foothill Blvd San Luis Obispo, CA 93405 Email: [X] By United States Mail: I enclosed the documents in a sealed envelope addressed as indicated above. I am readily familiar with the office’s practice of collection and processing documents for mailing. It is deposited with the U.S. postal service on that same day in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after the date of service. [X] Courtesy Copy by E-mail: I caused this document to be transmitted via e-mail to the e- mail address listed above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on February 5, 2026 at San Luis Obispo, California. _____________________________ Amel Belghoul City of San Luis Obispo, City Attorney’s Office, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7140, slocity.org March 9, 2026 Eta Rho House Board Corporation SLO RIDE 1225 LLC Attn: Anette Ortega 1238 E Foothill Blvd San Luis Obispo, CA 93405 Via First Class Mail and Certified Mail Email to: Re: APPEAL OF ADMINISTRATIVE CITATION # 42007 CITATION UPHELD IN PART AND DISMISSED IN PART To Eta Rho House Board Corporation: To SLO RIDE 1225 LLC: To Anette Ortega: At your administrative citation appeal hearing on February 24, 2026, Hearing Officer Alex Karlin reviewed the evidence and made the determination indicated above. The hearing officer’s findings are attached. Pursuant to Government Code section 53069.4, you may seek judicial review of this decision by filing a further appeal with the San Luis Obispo Superior Court within twenty calendar days after service of this notice of decision and paying the filing fee as required by Government Code section 70615 to the San Luis Obispo Superior Court. If you file an appeal pursuant to Government Code section 53069.4(b)(1), you must serve either in person or via first-class mail on the City a copy of the notice of appeal. If no appeal is filed with the San Luis Obispo Superior Court within the time period set forth above, this notice of decision shall be deemed final. Unless you file an appeal with the San Luis Superior Court, your fine amount of $100 is due to be paid no later than twenty (20) days from the date of this letter. If paying by check, make the check or money order out to “City of San Luis Obispo” and mail to: Finance Department, 990 Palm St, San Luis Obispo, CA 93401. You may also call in a debit/credit card payment to Finance at (805) 781-7124. Make sure to have the citation number ready when you call. If payment is not received after twenty days, the matter will be turned over to the City’s collection agency. Sincerely, Amel Belghoul Legal Assistant City Attorney’s Office Attachment: Hearing Officer Decision HEARING DECISION ON ADMINISTRATIVE CITATION APPEAL City of San Luis Obispo, California In the Matter of SLO RIDE 1225 LLC 1. Citation number: 42007 2. Location of cited violation: 1238 Foothill Blvd, San Luis Obispo, CA 3. APN: 052-071-008 4. Date of Citation: September 11,12, and 13, 2025 5. Name of person cited: SLO RIDE 1225 LLC - Annette Ortega 6. Description of cited violation a. SLO City Municipal Code section: 17.10.020 b. Description of charged violation: Unpermitted Use c. Fine(s) Assessed: $100 plus $500 plus $1,000 7. Date of Hearing: February 24, 2026 8. Attendees at Hearing: a. For the Appellant i. Lucy Fagan ii. Olivia Vaniel b. City: Amel Belghoul, Legal Assistant, Office of City Attorney c. Hearing Officer: Alex S. Karlin 9. EVIDENCE IN THE RECORD a. EVIDENCE FROM THE CITY The evidence in this case starts with Citation 42007, issued December 23, 2025. Although it is a single citation, it states that it is the “1st citation, the 2nd citation, and 3rd citation.” It then states that the “date of the violation” was “September 11, 12, 13, 2025.” Is it one violation or three? It would seem to be three citations issued under a single citation number (42007). This conclusion is supported by the fact that the record under Citation 42007 includes an invoice from the City imposing penalties of $100, $500, and $1,000, respectively. In Citation 42007 each violation is identically described as “Use regulations by zone. Allowed uses – Unpermitted Use.” Section 17.10.020 of the San Luis Obispo City Municipal Code is cited. Title 17 contains the City’s Zoning Standards. Section 17.10.020 specifies the land uses that are allowed within each zone. Section 17.10.020. B.2.states that any use not expressly allowed in a zone is prohibited. On its face, Citation 42007 provides no clue as to what “zone” (residential? commercial? industrial?) 1238 Foothill is in nor what “unpermitted use” is alleged to have occurred there. The only actual evidence of a violation provided by the City seems to be a document in the record titled “Code Case Activity Report Code 000275-2025” (CCA Report). The CCA Report has four entries. The first entry states: “Activity Date: 10/02/25 Created By: John Mezzapesa Activity Type: Research.” Activity Name 9/25/2025 Comments: Investigation research determined that the sorority at this location held events on 9/9/2025, 9/11,2025, 9/12,2025, 9/13/2025. There is no use permit for this location to operate a sorority.” The second entry in the CCA Report states: “Activity Date:11/20/25 Created By: Rami Salem Activity Type: Notice of Violation Activity Name: 11/20/2025 Comments: Generated a notice of violation for owner and residents.” The third entry in the CCA Report states: “Activity Date:12/23/2025 Created By: John Mezzapesa Activity Type: Admin Cite Activity Name: 12/23/2025 Comments: Citation for First, Second and Third violations sent to PO via first class and certified mail and posted on site, sent to tenant via first class mail.” The fourth entry in the CCA Report states: “Activity Date: 12/29/2025 Created By: Rami Salem Activity Type: Correspondence Activity Name: 12/29/2025 Comments: Spoke with the leasing party. Annette Ortega …. Pertaining the case details and documentation. Emailed her copies of the Original Notice of violation, invoice, Administrative Citations (1,2 &3). Photos attached to the case file. Request for a director’s review, and an administrative citation form.” The CCA Report is confusing. The first entry in the CCA Report says: “Investigation research determined that the sorority at this location held events on 9/9/2025, 9/11,2025, 9/12,2025, 9/13/2025.” Passive voice. Who did the investigation and research? Who determined? What did the research turn up? Shouldn’t the City provide the fruits of this investigation to the hearing officer, rather than simply giving me a conclusory statement? Reading further, what were the “events” referred to in the first entry? Were they meetings or gatherings? What “zone” is 1238 Foothill in and how did these “events” violate Section 17.10.020.B.2? The in the fourth entry in the CCA Report Rami Salem states that there are “photos attached to the case file.” If so, Mr. Salem should have included them in the record here. The next significant item in the administrative record is the November 20, 2025, “Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation)” signed by “Rami Salem, Code Enforcement Technician & Safe Housing Coordinator.” This NOV refers to the September 9, 2025, alleged violation at 1238 Foothill. This NOV again speaks the passive voice and says that “the subject address has been identified as a fraternity/sorority. It then states the law: “The current use of a fraternity/sorority requires a use permit when within the R-3 & R-4 zones and is not allowed in the R-1 & R-2 zones.” The NOV then quotes the law, saying that the City defines a fraternity or sorority as a: “Residence for college or university students who are members of a social or educational association that is affiliated and in good standing with the California Polytechnic State University and where an association also holds meetings or gatherings (SLOMC 17.156.014).” The November 20, 2025, NOV states: “After inspection, an [sic] fraternity sponsored event was documented to have occurred on September 26, 2025. The subject address has been determined to meet the definition of a fraternity/sorority and is subject to the City’s use regulations as cited below. The phrases “has been identified,” “was documented,” and “has been determined,” are conclusory statement that provide no information as to who did what when, nor do they provide the hearing officer, a neutral decisionmaker, any evidence with which to understand what “event” allegedly occurred at the residence and whether it constituted a “meeting or gathering” within the meaning of Municipal Code Section 17.156.014. Finally, the November 20, 2025, NOV directs SLO RIDE Ca LLC to take corrective action: “Please cease all use of the subject address as a fraternity/sorority. Additionally, cease all events that are associated with a fraternity or sorority. Any future verified events may result in the issuance of fines” As a Hearing Officer trying to understand what happened here, I suppose I can reverse engineer these Corrective Actions so as to infer that the City is complaining about some unspecified “events” (a term not used in Section 17.156.014). But where is the evidence supporting the assertion that “events” occurred? Also, I note that if the purpose of an NOV is to notify the recipient of a legal problem so that they can take corrective action and avoid a repeat violation, then the NOV needs to be delivered promptly. A NOV about a September 9, 2025 violation, but which is dated long afterwards (November 20, 2025 does absolutely no good if the City is going to cite the recipients for alleged violations on September 11, 12, and 13. In addition, the escalating fines ($100, $500, $1,000) imply that the alleged malefactor is failing to correct a problem, despite being warned and fined. Here, they are all imposed at once, and without warning. b. EVIDENCE FROM THE APPELLANT Next, I turn to the appeal filed by Anette Ortega, President, Eto Rho House Board Corporation of Kappa Kappa Gamma Fraternity (KKG). The link between “SLO RIDE 1225 LLC” (the recipient of Citation 42007) and KKG is not explained in the record. Ms. Ortega requested an in-person hearing, but then said she could not attend. At the hearing on February 24, 2026, a Ms. Lucy Fagan and a Ms. Olivia Vaniel appeared. As an initial matter, the Appellant submitted a September 25, 2025, “Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation)” issued on September 25, 2025, and signed by “Rami Salem, Code Enforcement Technician & Safe Housing Coordinator.” This NOV refers to a 06/04/2025 alleged violation at 1238 Foothill. Ms. Fagan testified that she is the president of the Eto Rho House of KKG. She testified, and the KKG written appeal states, that the KKG lease for 1238 Foothill did not begin until August 1, 2025, and thus that they were not responsible for anything that may have happened on the premises on June 4, 2025. I agree with this point, but (as stated below) the law does not require that an NOV be issued before a fraternity or sorority can be citated. Ms. Fagan then testified by reading, verbatim, the written appeal. The thrust of her relevant points were as follows: First, that KKG is a sorority and that members of the sorority live at 1238 Foothill. Second, that KKG held “activities” at 1238 Foothill on September 11, 12, and 13 but that KKG did not “hold meetings or gatherings” (as defined by Municipal Code Section 17.156.014) at that location. “With respect to the activity cited in September 2025, we acknowledge that members utilized the residence to stage photographs that were later shared on the chapter’s official social media account. This activity was limited in scope and did not involve a social event. The chapter is not hosting social events, recruitment activities, initiations, meetings, or fraternity sponsored gatherings at the residence.” Upon being questioned by me, Ms. Fagan testified that during the period of September 11,12, and 13 the students at Cal Poly were returning to school and that some of the KKG members showed up (she did not say “gathered”) at 1238 Foothill to meet and greet each other. She testified that she was present on those days. She said they staged a “photo shoot” on those days and posted the photos on the KKG social media account. She testified that the Cal Poly chapter of KKG has 258 members, but she declined to provide even a rough estimate as to the number of people who may have been present at any given time during the 3-day photo shoot. More than 10? “Maybe, I don’t know.” 10. LEGAL CONCLUSION Based on the preponderance of the evidence, I conclude that KKG and SLO RIDE 1225 LLC violated Section 17.10.020 of the San Luis Obispo Municipal Code on September 11, 12, and 13 of 2025. This conclusion is based substantially on the acknowledgments made by KKG and the reasonable inferences therefrom. First, members of KKG resided at 1238 Foothill on those dates. Second, KKG is a social or educational association affiliated with Cal Poly. Third, although the Municipal Code does not define the phrase “meeting or gathering” as used in Section 17.156.014, the “activities” or “photo shoot” that occurred at 1238 Foothill on those dates qualified as such. When a group of people get together to enjoy their return to school, do a photo shoot of the get together, and post it on their official social media account, common sense says that it is some form of “gathering.” Fourth, since the event constitutes a gathering, then 1238 is a “fraternity or sorority” within the meaning of the City Code and is an “unpermitted use” as specified in Citation 42007. Finally, I note that I find nothing in the Municipal Code that requires the City to issue a warning (e, g., an NOV) before issuing a citation. Such NOVs (as with the September 25, 2025, NOV in the record here) state, in their title “Courtesy Warning.” They are not a prerequisite to legal citation. Nevertheless, I find it unconscionable to impose three escalating fines ($100, $500, and $1000) for violations where (a) no NOV was issued or delivered beforehand and (b) the cited events occurred on three consecutive days giving KKG no opportunity to respond and correct the problem. And Citation 42007 is only one citation. Thus, I uphold only the first citation for $100. Based on the evidence and statements provided by all parties, Citation 42007 is upheld, and the fine of $100 is due and payable within 25 days. Signed by: Hearing Officer Alex S. Karlin on March 2, 2026. PROOF OF SERVICE - 1 - PROOF OF SERVICE STATE OF CALIFORNIA; COUNTY OF SAN LUIS OBISPO I am employed in the County of San Luis Obispo, State of California. I am over the age of 18, and not a party to the within action. My business address is 990 Palm Street, San Luis Obispo, California 93401. On March 9, 2026, I caused the foregoing document described as NOTICE OF ADMINISTRATIVE APPEAL DECISION to be served on the interested parties in this action by placing true copies thereof enclosed in sealed envelopes, addressed as follows: SLO RIDE 1225 LLC 1238 E Foothill Blvd San Luis Obispo, CA 93405 Email: [X] By United States Mail: I enclosed the documents in a sealed envelope addressed as indicated above. I am readily familiar with the office’s practice of collection and processing documents for mailing. It is deposited with the U.S. postal service on that same day in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after the date of service. [X] By Certified United States Mail: I enclosed the documents in a sealed envelope addressed as indicated above. I completed and attached to the envelope the additional form required for this type of delivery. I am readily familiar with the office’s practice of collection and processing documents for mailing. It is deposited with the U.S. postal service on that same day in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in affidavit. [X] Courtesy Copy by E-mail: I caused this document to be transmitted via e-mail to the e- mail address listed above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on March 9, 2026 at San Luis Obispo, California. _____________________________ Amel Belghoul •:i=r g1r1ara.1 ~rirn ,_ 11111 11 111 I 9589 0710 5270 1503 1316 25 Et a Rho House Board Corp oration SLO RIDE 1225 LLC 1238 E Foothill Blvd San Luis Obispo, CA 934 05 SEND ER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY c:1.110 ! Print your name and address on the reverse so that we can return the card to you. ! Attach this card to the back of the mailpiece, or on the front if space permits. () c::i D Agent D Addressee C. Date of Delivery 1 :i Article ~ddressed to: Eta Rho H.guse Board Corp SLO RI Q.!;. 1225 LLC 1238 E Foothill Blvd San Luis Obispo, CA 93405 D. Is delivery .address different from item 1? D Yes If YES, enter delivery address below: " No __ Service Type II I IIIIII IIII Ill I IIIIIII I I II II I 111111111111111 ~ ~~~:i~;~~:1~~ ReS t ricted Delivery 9590 9402 8995 4122 4126 21 D Certified Mail Restricted Delivery ---;;--;-:;-:=;-=-:;=--~~c..=.:~~!...!.!==:~~~2-------1 D Collect on Delivery 2. Article Number (fransfer from sP.n,;,..,, l<>h011 n /"'-"M' -, Delivery Restricted Delivery · 1ail 9589 0710 5270 1503 1316 25 ailRestnctedDelivery 1 (over $500) ·--· -- D Priority Mail Express® D Registered Mail™ D Registered Mail Restricted Delivery D Signature Confirmation™ D Signature Confirmation Restricted Delivery : PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt