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Home My WebLink AboutCDD42721_244 California_ Admin Record_Monfort December 11, 2025 Delta Sigma Phi 244 California Boulevard San Luis Obispo, CA 93405 Subject: Revocation of a Conditional Use Permit (U 314-71) that allowed use of the residences at 244 California Boulevard as a fraternity organization. Dear Delta Sigma Phi: This letter serves as formal notice that the Conditional Use Permit (U 0314-71) granted to Delta Sigma Phi in September of 1971 per Planning Commission Resolution No. 337-71 is revoked. This action is taken pursuant Municipal Code Section 17.110.090, which states: A minor use permit or conditional use permit approved in compliance with the provisions of this chapter shall run with the land and continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this chapter. If the operation of the use for which the use permit was issued ceases for a continuous period of one year, the provisions of this section shall not apply, and a new application shall be required for any new owner or operator. The City received notification from California Polytechnic State University that Delta Sigma Phi is no longer a recognized student organization and is no longer in good standing with the Interfraternity Council of Student Life and Leadership as of 2015. Per Municipal Code Section 17.156.014, fraternities are defined 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 such an association also holds meetings or gatherings.” Revocation of the Conditional Use Permit is in response to this loss of affiliation and standing and how, subsequently, the operation of the use for which U 0314-71 was issued (fraternity) has ceased for a continuous period of one year. Operation of a fraternity organization at 244 California Boulevard shall cease, effective immediately. Any fraternity-related activities previously authorized are no longer permitted, including but not limited to hosting special events. Should the organization regain university recognition in the future, an application for a new Conditional Use Permit may be pursued. Revocation of U 314-71 (244 California) Page 2 If you have any questions regarding this letter please contact, Mallory Patino at (805) 783-7704 or mpatino@slocity.org. Sincerely, Tyler Corey Deputy Director Community Development Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) 03/10/2026 Delta Sigma Phi Frant SLO SUBJECT ADDRESS: 244 California Blvd. San Luis Obispo, CA 93405 APN: 052-072-011 Code Case #: CODE-000027-2026 Dear Property Owner, On 01/17/2026, 02/07/2026, 02/14/2026, & 02/19/2026, 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. The subject address has been identified as a fraternity/sorority located with the R-1 zone. The current use of a fraternity/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 Table 2-1 of the following cited section of the municipal code. See attached table for specific uses allowed by zone. 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). After inspection, an fraternity sponsored event was documented to have occurred on September 26th, 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. San Luis Obispo Municipal Code § 17.10.020: Use regulations by zone. 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: 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 Section17.110.030 (Procedure—Minor Use Permit). CUP The use requires a conditional use permit approved by the planning commission, as provided in Section17.110.040 (Procedure— 244 California Blvd San Luis Obispo, CA 93405 Page 2 A/M The use is allowed above the ground floor only. Subject to minor use permit review, the use may be established on the ground floor. 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 at this location may result in the issuance of fines. If the location is within the R-3/R-4 zone, and a fraternity/sorority is desired, please contact the city Planning Department at (805)781-7170 to determine if the location can be permitted to meet current zoning regulations and the required steps for submittal. If you choose to request a Director’s review of this Notice as described below, please submit a copy of the event registration held by the Office of Fraternity & Sorority Life showing the location in which the event was held on the date cited above. A COPY OF THIS NOTICE MUST BE ATTACHED TO ALL APPLICATIONS FOR A PERMIT. ALL REQUIRED WORK MUST BE COMPLETED WITHIN 90 DAYS OF PERMIT ISSUANCE. 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. Any repeated violation of the same code sections cited in this notice 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 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) 440-9825 or rsalem@slocity.org. Sincerely, RAMI SALEM Rami Salem, Code Enforcement Officer and Safe Housing Coordinator Cc: File Enclosures: Request for Directors Review REQUEST FOR DIRECTOR’S REVIEW Person Requesting Review: __________________________________ Phone: ________________ Address: _____________________________________Email: ______________________________ Property Owner: ______ Tenant: _____ Case #: ______________________ Address of alleged violation: _________________________________________________________ Date of Notice to Correct/Violation: ____________________________________________________ Please identify the code violation or interpretation you are contesting. Please provide relevant information and explain why the alleged violation or interpretation should be reconsidered. You may attach additional pages, if necessary. ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ I hereby request a review of alleged violation or interpretation by the Community Development Director. Signature of Appellant: _______________________________________ Date: ______________ Please return form to: City of San Luis Obispo, Community Development Department 919 Palm Street San Luis Obispo, CA 93401 or Email: code@slocity.org COMPLETED FORM MUST BE RECEIVED BY THE COMMUNITY DEVELOPMENT DEPARTMENT WITHIN 5 DAYS OF THE DATE OF THE NOTICE TO CORRECT/VIOLATION. INVOICE (00042721) FOR CITY OF SAN LUIS OBISPO BILLING CONTACT INACTIVE DELTA SIGMA PHI FRANT SLO INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION 00042721 03/10/2026 04/09/2026 NONEDue REFERENCE NUMBER FEE NAME TOTAL CODE-000027-2026 CE 1st Admin Citation $100.00 CE 2nd Admin Citation $500.00 CE 3rd Admin Citation $1,000.00 $1,600.00 SUBTOTAL TOTAL $1,600.00 REMITTANCE INFORMATION Report Text Library: Municipality_Invoice_Remit_To Address Line 2 Address Line 3 Address Line 4 *00042721* City of San Luis ObispoMarch 10, 2026 Page 1 of 1 Citation No.: 00042721 ADMINISTRATIVE CITATION AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUNICIPAL CODE 1st Citation 2nd Citation 3rd Citation Additional / Daily Fines 244 California Blvd San Luis Obispo, CA 93405 052-072-011 01/17/2026, 02/07/2026, 02/14/2026, & 02/19/2026 Delta Sigma Phi Frant SLO PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE, YOU ARE HEREBY ORDERED TO IMMEDIATELY CORRECT THE VIOLATION(S) DESCRIBED BELOW AND PAY THE FINE. YOU ARE FURTHER ORDERED TO CEASE THE ACTIVITY GIVING RISE TO THE VIOLATION. WHEN CORRECTIONS ARE COMPLETE PLEASE SCHEDULE AN INSPECTION BY CALLING (805)781-7180. TO AVOID ADDITIONAL FINES COMPLIANCE MUST BE VERIFIED BY DEPARTMENT STAFF. IF DAILY FINES APPLY AS NOTED ABOVE, THE FINES SHALL ACCRUE DAILY UNTIL THE VIOLATION(S) ARE CORRECTED. FAILURE TO CORRECT THE VIOLATION(S) WILL RESULT IN THE ISSUANCE OF ADDITIONAL ADMINISTRATIVE CITATIONS AND ESCALATING FINES OR OTHER ENFORCEMENT ACTION. CODE SECTION DESCRIPTION OF VIOLATION FINE MC§17.10.20 Use regulations by zone. Allowed uses – Unpermitted Use $100.00 MC§17.10.20 Use regulations by zone. Allowed uses – Unpermitted Use $500.00 MC§17.10.20 Use regulations by zone. Allowed uses – Unpermitted Use $1000 Amount Due (or subtotal if daily fine) $1,600.00 Failure to pay the fines may result in the suspension of any pending applications or permits. Unpaid fines become delinquent after 30 days and are subject to interest accrual of 8% per month as contained in SLOMC 1.24.070 C. The City may pursue all legal, equitable, and administrative remedies for the collection of unpaid civil administrative fines. Delinquent fines will be forwarded to a collection agency for payment. Mail Payments to: City of San Luis Obispo, Community Development Department 919 Palm Street, San Luis Obispo, CA 93401 You may file an APPEAL of this Administrative Citation by submitting a request in writing to the Hearing Administrator within ten days of the date this Administrative Citation is issued as shown below. Each responsible party is individually required to file an appeal. FAILURE TO FILE AN APPEAL WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. Please see the attached Appeal Form for more information. Mail Appeals to: City of San Luis Obispo, City Clerk 990 Palm Street, San Luis Obispo, CA 93401 Issued By: R.Salem Signature: RAMI SALEM Title: Code Enforcement Officer RELATED CE CASE: CODE-000072-2026 DATE CITATION ISSUED: 03/10/2026 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 Date received ____________ 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 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 Declaration of Service and Posting of Notice SUBJECT ADDRESS: 244 California Blvd, San Luis Obispo, CA 93405 CASE NO.: 000072-2026 Citation No.: 00042721 Officer: Rami Salem I/we, the undersigned, declare that at all times herein mentioned, I/we were and now are a duly authorized employee(s) of the Community Development Department, City of San Luis Obispo, State of California; that pursuant to Section 1.24.050G of the San Luis Obispo Municipal Code (SLOMC), Section 1101.4 of the Uniform Housing Code, or Section 401.4 of the Uniform Code for the Abatement of Dangerous Buildings, as adopted by Section 15.02.010 of the San Luis Obispo Municipal Code, I/we deposited in a receptacle for the U.S. Postal Service, in a sealed envelope, postage prepaid, by regular mail, and/or certified mail, return receipt requested the following: A Notice to Correct, Notice of Violation, Administrative Citation, 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 10th day of March 2026, San Luis Obispo, California Officer or clerk effecting service by mail: Rami Salem Rami Salem 01:00 PM 03/10/2026 (Print Name) (Signature) (Time/date) Officer effecting service by posting: Rami Salem Rami Salem 01:00 PM 03/10/2026 (Print Name) (Signature) (Time/date) T o : C o m m u n ity D e v e lo p m e n t D e p a rt m e n t, C ity o f S a n L u is O b is p o F ro m : J o n a th a n M o n fo rt , P re s id e n t DELTA SIGMA PHI FRATERNITY OF SAN LUIS OBISPO, ALUMNI CORPORATION, INC., Date: March 12, 2026 Subject: Request for Director's Review - Code Case #: CODE-000027-2026 (244 California Blvd.) Dear Director, This letter serves as a formal request for a Director's Review regarding the Notice of Violation issued on March 10, 2026, for the property at 244 California Blvd. We are contesting the determination that the property is currently being used in violation of San Luis Obispo Municipal Code (SLOMC) § 17.10.020, as we believe the existing Conditional Use Permit (CUP) for a fraternity/sorority remains valid due to the continuous use of the site for that purpose. Our appeal is based on the following timeline and evidence: • Continuous Fraternal Use: While the Delta Sigma Phi charter was revoked in March 2018, the membership continued to operate as an independent fraternal organization, known as the Independent Fraternal Brotherhood (IFB), through May 2019. • University and Social Media Documentation: We have evidence, which can be confirmed by Cal Poly, and that we have shared with the City showing that students were active and recruiting under the IFB name throughout the 2018- 2019 academic year. Social media records and City Records also document ongoing fraternity-related activities during this period. Specifically the City responded to noise complaints at the property in May of 2019 in an email from Christine Wallace of the City of San Luis Obispo to Kathleen McMahon of Cal Poly. • Interim Tenancy and CUP Maintenance: Following the termination of individual student leases in June 2019, the property was immediately transitioned to the Kappa Kappa Gamma Sorority in August 2019. This sorority held a valid lease and occupied the space through the summer of 2025, maintaining the property's primary use as a fraternal residence. • University and National Recognition: Delta Sigma Phi was officially approved to return to campus as a recognized student organization in Fall 2023. We have provided the City with confirmation from both Cal Poly and the National organization of Delta Sigma Phi regarding our reinstated status. The City's Planning Department previously indicated that the continuous use as a fraternal organization and continuous ownership would allow the existing CUP to remain valid. The "gap" referenced in previous communications was actually an interim period where the organization operated independently while seeking University recognition, which is common during chapter re-establishment. W e have been pro active in working with City staff, including Assistant Planner M allory Patino, to ensure all zoning and signage regulations are m et during this transition. W e respectfully re quest that you review the pro vided evidence of continuous fratern al activity and reinstate the validity of our existing CUP . Sincerely, Jonathan M onfo rt President, DELTA SIGMA PHI FRATERNITY OF SAN LUIS OBISPO, ALUMNI CORPORATION, INC., CODE CASE ACTIVITY REPORT CODE-000027-2026 FOR CITY OF SAN LUIS OBISPO Address:Closed Date:In ViolationStatus:244 California Blvd San Luis Obispo, CA 93405 01/30/2026Opened Date:Rami SalemAssigned ToCode EnforcementCase Type: Activity Date Created By Activity Type CommentsActivity Name 01/30/2026 Inspection on January 17, 2026 at 12:30 PM was completed by Code Enforcement supervisor J. Mezzapesa. During inspection individuals were observed to be set up in the driveway area. A large booth displaying the Greek letters representing the fraternity Delta Sigma Phi was set up. During RUSH events, fraternity members are known to sit at tables and chairs near the entrance of a property to check-in and/or greet prospective recruits. Additionally, several individuals, many wearing name tags were observed entering the property. Name tags are known to be utilized by prospective recruits while attending advertised RUSH events. Given the property has been previously identified to be used as a fraternity and, the typical RUSH set up/use of name tags indicative of a RUSH event was observed, (including display of Greek letters) it was determined that the property was more likely than not being use as a fraternity. InspectionJohn Mezzapesa 1/17/2026 02/10/2026 Research found that an event was advertised on Doorlist to take place on 2/6/2026,. The social media post, posted by Delta Sigma Phi, included a location for the event (244 California). Given the social media posts showed an event occurring at the residence and the property has been previously identified to be used as a fraternity it was determined that the property was more likely than not being use as a fraternity. ResearchJohn Mezzapesa 2/6/2026 03/10/2026 Generated Notice of Violation and mailed a copy to the property owner and to the current resident(s) certified and first class. Notice of ViolationRami Salem 03/10/2026 Generated 3rd Admin Cit and mailed a copy to the property owner and to the current resident(s) certified and first class. 3rd Admin CiteRami Salem 03/10/2026 Generated 2nd Admin Cit and mailed a copy to the property owner and to the current resident(s) certified and first class. 2nd Admin CiteRami Salem 03/10/2026 Generated 1st Admin Cit and mailed a copy to the property owner and to the current resident(s) certified and first class. 1st Admin CiteRami Salem 03/10/2026 03/18/2026 Page 1 of 2City of San Luis ObispoApril 07, 2026 CODE CASE ACTIVITY REPORT (CODE-000027-2026) Activity Date Created By Activity Type CommentsActivity Name Research found that two events were advertised on Doorlist to take place on 2/14/2026 and 2/19/2026,. The social media posts, posted by Delta Sigma Phi, included a location for the event (244 California). Given the social media posts showed the events occurring at the residence and the property has been previously identified to be used as a fraternity it was determined that the property was more likely than not being use as a fraternity. These events were addressed as the second and third fines issued on citation #42721 ResearchJohn Mezzapesa 2/18/2026 Research found that an event was advertised on Doorlist to take place on 2/28/2026. The social media post, posted by Delta Sigma Phi, included a location for the event (244 California). Given the social media post showed the event occurring at the residence and the property has been previously identified to be used as a fraternity it was determined that the property was more likely than not being use as a fraternity. ResearchJohn Mezzapesa 2/29/2026 04/02/2026 Request for Director's Review receivedAppeal to DirectorJohn Mezzapesa 3/19/2026 Page 2 of 2City of San Luis ObispoApril 07, 2026 SUPPLEMENTAL INFORMATION - ADDENDUM Use of Event Management Applications (e.g., “DoorList”) as Evidence I. PURPOSE This supplemental information addendum is provided to clarify the evidentiary relevance of event management applications, including but not limited to “DoorList,” in evaluating whether a property is being used as a fraternity or sorority as defined by the San Luis Obispo Municipal Code (SLOMC). This addendum is intended to support the administrative record and provide additional context for evaluating documented evidence. II. BACKGROUND SLOMC Section 17.156.014 defines a fraternity or sorority as a residential use involving both: 1. Occupancy by members of a social or educational association, and 2. The occurrence of meetings or gatherings associated with that organization While the Municipal Code references “meetings or gatherings,” these terms are not explicitly defined. As such, the City may apply reasonable interpretation and consider comparable frameworks and evidence in determining whether organized group activity is occurring at a property (see also Supplemental information sheet RE: Administrative Citation Appeal Hearing (Unpermitted Fraternities/Sororities). III. DESCRIPTION OF EVENT MANAGEMENT APPLICATIONS Event management applications, such as “DoorList,” are digital platforms used to organize and manage events. Within these platforms, event information is primarily created and controlled by designated “hosts,” which are often accounts utilizing the organization’s name and identifying Greek symbols rather than an individual user. These host accounts input key event details, including the date, time, location, and event description, and manage guest access by issuing invitations or approving attendance. Guests generally do not create or modify event details, but instead respond to invitations, RSVP, or receive access credentials (e.g., digital passes or QR codes) for entry. As such, the core event information reflected in the platform is generated and controlled by the hosting organization. These applications commonly include the following features: • Creation of events tied to a specific date, time, and location • Identification of a host organization or group • Management of guest lists and invitations • Controlled entry to the property through digital check-in systems (e.g., QR codes) • Tracking of attendance and participation These features reflect a structured and coordinated approach to organizing gatherings. IV. EVIDENTIARY VALUE A. Evidence of Intentional Use of Property An event listing within an application such as DoorList demonstrates that: • A property is identified as the location of a planned event • The event is scheduled in advance • The property is being represented as a venue for organized group activity B. Evidence of Organizational Association DoorList event listings typically identify: • The hosting organization (e.g., fraternity or sorority) • Individuals responsible for organizing or managing the event This establishes a direct connection between the organization and the use of the property. C. Evidence of Structured and Coordinated Activity DoorList events involve a level of coordination that includes: • Pre-approved guest lists • Managed invitations • Controlled access to the premises These characteristics are consistent with organized meetings or gatherings rather than incidental residential activity. D. Evidence of Operational Control The use of a guest management system demonstrates that event hosts: • Control access to the property • Regulate the number and identity of attendees • Maintain authority over event operations This supports a finding that the organization exercises control over the premises during events. V. RELATIONSHIP TO “SANCTIONED EVENT” CRITERIA California Education Code Section 66312 defines a “sanctioned event” to include events where an organization’s name is used to advertise or publicize the event, or where the organization is otherwise associated with the event. DoorList event listings typically include: • Use of the organization’s name • Identification of a specific location • Management and control of guest attendance (e.g., invitations, guest lists, and entry approval) These characteristics are consistent with the state law definition of a sanctioned event and provide a relevant framework for interpreting “meetings or gatherings” under the SLOMC (see SLOMC 17.04.010(B).) VI. APPLICATION TO LAND USE DETERMINATION The presence of a DoorList event associated with a residential property supports a determination that the property is being used for organized gatherings where: • The event is tied to a specific address • The event is associated with a fraternity or sorority • The event reflects structured planning and coordination Even in the absence of direct observation, such evidence demonstrates that the property is being used, or intended to be used, as a location for organizational gatherings. VII. LIMITATIONS AND TOTALITY OF EVIDENCE A single DoorList event, standing alone, may not establish an ongoing pattern of use. However, it constitutes substantial evidence of organized activity at a property. This evidence should be evaluated within the totality of the circumstances, which may include: • Inspection observations • Additional event postings • Repeated use of the property for fraternity or sorority-related events over timeOther corroborating information VIII. REASONABLE INFERENCES Based on the structured nature of DoorList events, it is reasonable to infer that: • The organization has access to and operational control over the property • The property functions as a location for organized gatherings • Individuals affiliated with the organization are residing at or operating from the property, or otherwise maintaining ongoing control of the site Such inferences are consistent with standard land use analysis and do not require direct confirmation of residency in all cases. IX. CONCLUSION Event management applications such as DoorList provide reliable and probative evidence of organized fraternity or sorority activity at a specific property. The structured nature of these platforms—including event creation, guest management, and controlled entry—demonstrates a level of coordination consistent with “meetings or gatherings” under the SLOMC. When evaluated as part of the totality of the evidence, DoorList event records support a determination that a property is being used for fraternity or sorority purposes and may be in violation of applicable zoning regulations where such use is not permitted or has not been approved through a Conditional Use Permit. SUPPLEMENTAL INFORMATION SHEET Administrative Citation Appeal Hearing (Unpermitted Fraternities/Sororities) I. PURPOSE OF THIS SUPPLEMENTAL INFORMATION This supplemental information is provided to clarify the evidentiary and legal basis for determining that the subject property was being used as a fraternity or sorority, as defined by the San Luis Obispo Municipal Code (SLOMC), and therefore constitutes a prohibited or unpermitted land use in the applicable zoning district. Because the SLOMC definition of a fraternity/sorority includes the occurrence of “meetings or gatherings,” but does not further define those terms, this document provides an interpretive framework supported by the City’s Zoning Regulations, observed evidence, and relevant provisions of California Education Code. II. APPLICABLE MUNICIPAL CODE PROVISIONS A. Use Regulations by Zone Pursuant to SLOMC Section 17.10.020, fraternities and sororities: • Require a Conditional Use Permit (CUP) in the R-3 and R-4 zones • Are not permitted in R-1 and R-2 zones Any use not expressly allowed within a zoning district is prohibited (SLOMC 17.10.020(B).) B. Definition of Fraternity/Sorority SLOMC Section 17.156.014 defines a fraternity or sorority as: A residence for college or university students who are members of a social or educational association affiliated and in good standing with California Polytechnic State University, and where such an association also holds meetings or gatherings. Accordingly, a property meets this definition when both of the following are present: 1. Residential occupancy by members of the organization, and 2. Meetings or gatherings conducted by the organization C. Operational Characteristics SLOMC Section 17.86.130 further regulates fraternities and sororities and explicitly contemplates: • Limits on number of persons during routine meetings and gatherings • Requirement for responsible persons during events These provisions confirm that organized group events are a defining and regulated component of fraternity/sorority land use. III. AUTHORITY FOR INTERPRETATION OF UNDEFINED TERMS Chapter 17.04 of the City of San Luis Obispo Zoning Regulations establishes rules and procedures for interpreting zoning provisions, including the classification of uses that are not specifically defined, and SLOMC Section 17.10.020 further provides that where an activity is not explicitly defined in the Zoning Code, the City may assign the activity to a substantially similar classification. Because the terms “meetings” and “gatherings” are not defined in the Municipal Code, the City may rely on relevant regulatory frameworks, including the California Education Code, to interpret whether such activities are occurring. IV. EDUCATION CODE GUIDANCE – “SANCTIONED EVENT” California Education Code Section 66312 (AB 524) defines a “sanctioned event” in the fraternity/sorority context as an event where one or more of the following occurs: • The event is recognized by the institution as affiliated with a fraternity or sorority • The organization’s name is used to advertise or publicize the event • The organization’s name is displayed at the event • Organization funds are used for event-related expenses • The organization receives proceeds from the event Notably, the use of an organization’s name to advertise or publicize an event is, in itself, a determinative characteristic of a sanctioned fraternity or sorority event. V. EVIDENTIARY BASIS AND DOCUMENTATION The City’s determination that an event occurred is based on a combination of direct observations, documentary evidence, and reasonable inferences drawn from the totality of the circumstances. Evidence may include, but is not limited to: A. Inspection Observations • Date, time, and location of inspection(s) • Number of individuals observed on site • Nature of activity (e.g., organized gathering, coordinated entry, amplified music) • Presence of event/organization-related indicators (e.g., lighting, signage, security, crowd pattern) B. Social Media and Publicly Available Information • Posts advertising events at the subject property • Identification of an organization associated with the event • Date, time, and location of advertised gatherings • Photos or videos depicting the property or event-related activity C. Correlation of Evidence • Temporal alignment between inspections and advertised events (when available) (e.g., Event advertised at 1PM on March 3rd and a gathering is observed at the same date and time) • Repeated use of the same address by an organization • Consistency between observed conditions and promoted activities (e.g., football game is advertised and active football game is observed) VI. INTERPRETATION OF “MEETINGS OR GATHERINGS” A. Identification of Events as “Meetings or Gatherings California Education Code Section 66312 identifies fraternity and sorority activities as “events,” including those that are organized, promoted, or associated with a specific organization. Pursuant to SLOMC Section 17.04.010, which allows for the interpretation of undefined terms using relevant regulatory frameworks, the City may rely on this characterization when interpreting “meetings or gatherings” under the Municipal Code. Events identified under the Education Code typically include characteristics such as: • Being organized or promoted by the association • Reflecting coordinated group activity • Demonstrating use of the property beyond typical residential living • Establishing the presence of an identifiable organization operating at the site B. Role of Advertised Events The advertisement of an event by a fraternity or sorority that includes a specific date, time, and address demonstrates that the property is being used, or intended to be used, for organizational gatherings associated with that group. Under California Education Code Section 66312, the use of an organization’s name to advertise or publicize an event is itself a determinative characteristic of a sanctioned event. While direct observation of the event may not always be available, the public promotion of such events at a specific residential property establishes that the site functions as a location for organized gatherings. Evidence of advertised events alone may not be dispositive; however, when such advertisements are repeated, corroborated by independent sources (e.g., social media posts, third-party reports, or platform-based event listings), or reasonably linked to staff observations at the property, they provide substantial evidence of “meetings or gatherings” as required under the SLOMC’s definition of a fraternity or sorority. VII. REASONABLE INFERENCES REGARDING ORGANIZATIONAL USE A. Organizational Control and Use of Property Where an organization advertises events at a specific address, it is reasonable to conclude that: • The organization exercises control, access, or authority over the property • The property is used as a central location for group activities • The use is not incidental, but part of a pattern of organized activity B. Inference of Residential Component Direct confirmation of residency or membership affiliation is not always available; however, land use determinations may rely on reasonable inferences supported by substantial evidence. Where an organization repeatedly promotes and utilizes a specific residential property for gatherings, it is reasonable to conclude that: • Members of the organization are residing at or operating from the property, or • The property functions as a de facto chapter house or residence This inference is supported by the operational characteristics of fraternity and sorority organizations, which commonly use residential properties under member control for both living and organizational activities. VIII. TOTALITY OF THE EVIDENCE STANDARD The determination that a property is operating as a fraternity or sorority use is not based on any single piece of evidence, but rather on the totality of the evidence, including: • Observed on-site activity • Documented and advertised events • Repetition and pattern of use • Organizational association with the property When considered together, these factors provide substantial evidence that the property satisfies both elements of the SLOMC definition: 1. Residential use by members, and 2. Meetings or gatherings conducted by the organization IX. CONCLUSION The City’s Zoning Regulations authorize interpretation of undefined terms and classification of land uses based on substantial similarity. The Education Code definition of a “sanctioned event” provides a clear and appropriate framework for identifying fraternity or sorority-related gatherings. Evidence including advertised events, observed activity, and patterns of use demonstrates that the subject property functions as a location for organized fraternity or sorority gatherings. When combined with reasonable inferences regarding residential use, the totality of the evidence supports the determination that the property was operating as a fraternity or sorority use as defined by the San Luis Obispo Municipal Code. Accordingly, the use constitutes a violation of SLOMC Section 17.10.020 where such use is not allowed or has not been approved through a Conditional Use Permit. Adm inistrative Citation A ppeal Form Form must be received by the City Clerk within 10 days of date of citation to be onsidered timely filed. If no appeal is filed within ten days, the adm ive citation shall be deemed f al8t,(MC:ij1J'.44LF,Rte,). PLEASE READ INSTRUCT IONS STARTING ON PAGE 2 BEFORE COM PLETING 1 Date of Citation: 3 /10/ 10l.b ... QOOO i 1-1.07,,b ADM or Other Cite Number: CoDG= /),,.,_ Municipal Code Section(s) Cited: \h., 1(9., C) W Municipal Code Section(s) Appealed: Address of Citation: l.lt4 Llt\i~t(\ lQ Q\ vJ 2 Appellant Name(s): }ol\l).\,hO- ~ ~ Mq~ f.b{f Appellant Mailing Address(es): Lilll (Q\,kt~I<\_ \s\~~ Appellant Phone(s): o. Appellant email address(es): ~ 3 If applicable \ '- r Business Name: D~ U>.. --=.; (\(\ It 4 Appellant Cited As: Mark only one Individual or Business ---1:lS.__ Owner of property or building __ Tenant being held financially responsible for landlord citation 6 Election of Appeal Process. Choose One. Election is final. __ Construction Board of Appeals Administrative Review Board ~ Hearing Officer 7 Appeal Fee. (calculate using worksheet on page 3): $ l(:(l J 18 Appeal Fee to be collected when form is submitted. Failure to pay the appropriate fee may cause your appeal to be rejected. Office Use Only Staff initial for collection of fee Date received 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 notice of when that day of review for my appeal will be. To waive your right to an in-person hearing, initial here: _ 9 If different that the address listed in #2 above, all future notices from the City relating to this appeal should be mailed to the following Official Mailing Address: 10 Truth of Appeal. I declare under penalty of perjury under the laws of the State of California that all of the facts stated in this appeal are true, and that this a pea form was executed on: _Sd\_· __ L_u_~_o_h_~S_\1)_·_~ California Place of Signature 11 Representative. I/ applicable, Legal counsel or agent of Appellant Name and Capacity: Phone: Email address: Address: 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 To: Com m unity Developm ent Departm ent, City of San Luis O bispo Fro m : Jonathan M onfo rt, President DELTA SIGMA PHI FRATERNITY OF SAN LUIS OBISPO, ALUMNI CORPORATION, INC., Date: March 12, 2026 Subject: Request for Director's Review - Code Case#: CODE-000027-2026 (244 California Blvd.) Dear Director, This letter serves as a formal request for a Director's Review regarding the Notice of Violation issued on March 10, 2026, for the property at 244 California Blvd. We are contesting the determination that the property is currently being used in violation of San Luis Obispo Municipal Code (SLOMC) § 17.10.020, as we believe the existing Conditional Use Permit (CUP) for a fraternity/sorority remains valid due to the continuous use of the site for that purpose. Our appeal is based on the following timeline and evidence: • Continuous Fraternal Use: While the Delta Sigma Phi charter was revoked in March 2018, the membership continued to operate as an independent fraternal organization, known as the Independent Fraternal Brotherhood (IFB), through May 2019. • University and Social Media Documentation: We have evidence, which can be confirmed by Cal Poly, and that we have shared with the City showing that students were active and recruiting under the IFB name throughout the 2018- 2019 academic year. Social media records and City Records also document ongoing fraternity-related activities during this period. Specifically the City responded to noise complaints at the property in May of 2019 in an email from Christine Wallace of the City of San Luis Obispo to Kathleen McMahon of Cal Poly. • Interim Tenancy and CUP Maintenance: Following the termination of individual student leases in June 2019, the property was immediately transitioned to the Kappa Kappa Gamma Sorority in August 2019. This sorority held a valid lease and occupied the space through the summer of 2025, maintaining the property's primary use as a fraternal residence. • University and National Recognition: Delta Sigma Phi was officially approved to return to campus as a recognized student organization in Fall 2023. We have provided the City with confirmation from both Cal Poly and the National organization of Delta Sigma Phi regarding our reinstated status. The City's Planning Department previously indicated that the continuous use as a fraternal organization and continuous ownership would allow the existing CUP to remain valid. The "gap" referenced in previous communications was actually an interim period where the organization operated independently while seeking University recognition, which is common during chapter re-establishment. W e have been pro active in working with City staff, including Assistant Planner M allory Patino, to ensure all zoning and signage regulations are m et during this transition. W e respectfully request that you review the provided evidence of continuous fratern al activity and reinstate the validity of our existing CUP . Sincerely, Jonathan M onfort President, DELTA SIGMA PHI FRATERNITY OF SAN LUIS OBISPO, ALUMNI CORPORATION, INC., 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! Thursday Mar 19 2026 03:21:23 PM Admin Citation Appeal Fee (ACAF) CDDE-000027-2026 APPEAL 109.18 ----·---·-----------·----------- Total Check 104 109.18 109.18 Received From: ELIACUS T SMILEY ROONEY Receipt#: finance-03192026-8 Cashier: Roman Richard City of San Luis Obispo, Community Development, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7170, slocity.org DIRECTOR’S DECISION AFTER REVIEW OF NOTICE TO CORRECT/NOTICE OF VIOLATION April 2, 2026 Jonathon Monfort 244 California Blvd San Luis Obispo, CA 93405 Subject Address: 244 California Blvd, San Luis Obispo, CA 93405 APN: 052-072-011 Action Reviewed: SLOMC § 17.10.020 Use Regulation by Zone Case #: CODE-000027-2026 Date of Notice: March 10, 2026 Date of Request for Director’s Review: March 19, 2026 Pursuant to Section 1.24.090 of the San Luis Obispo Municipal Code the Community Development Director or designee shall review all contested notices to correct and/or notices of violation. The Director’s designee has reviewed your submitted request for review and has made the following determination: The Request is denied and the action(s) reviewed is UPHELD. COMMENTS/REASONING The request concerning SLOMC § 17.10.020 regarding an unpermitted fraternity has been denied and the action reviewed is UPHELD. Within the City of San Luis Obispo, a fraternity or sorority requires a use permit in the R-3 and R-4 zones and is not permitted in the R-1 and R-2 zones, as outlined in SLOMC § 17.10.020. The Municipal Code defines a fraternity/sorority as: A residence for college or university students who are members of a social or educational association affiliated and in good standing with California Polytechnic State University, where the association also conducts meetings or gatherings (SLOMC § 17.156.014). Based on this definition, a property is considered a fraternity or sorority only if all of the following apply: 1. It houses members of the organization; 2. The organization is affiliated and in good standing with California Polytechnic State University; and 3. The organization conducts meetings or gatherings at the residence. As outlined in the City’s letter dated December 11, 2025, the Delta Sigma Phi organization was disaffiliated from Cal Poly around May 2015. As a result, it no longer meets the City’s definition of a fraternity. Because the property has not been used as a fraternity—as defined by the Municipal Code—for a continuous period exceeding one year, the original use permit (U 0314-71) is no longer valid pursuant to SLOMC § 17.110.090. Please take action to correct the code violation(s) immediately and take steps to prevent further use of the property as a fraternity without proper approval. Failure to do so may result in the issuance of an Administrative Citation and a fine or other enforcement action. Subsequent violations of the above-stated Codes within the next twelve months may result in the immediate issuance of additional Administrative Citations and further enforcement action. This decision is not appealable, but any challenges to the director’s decision may be raised as part of an appeal from an administrative citation (if an administrative citation has been issued or is subsequently issued in connection with the Notice) pursuant to Section 1.24.100. Thank you for your cooperation in maintaining your property and in preserving the beauty and unique character of our City. Sincerely, John Mezzapesa Code Enforcement Supervisor December 11, 2025 Delta Sigma Phi 244 California Boulevard San Luis Obispo, CA 93405 Subject: Revocation of a Conditional Use Permit (U 314-71) that allowed use of the residences at 244 California Boulevard as a fraternity organization. Dear Delta Sigma Phi: This letter serves as formal notice that the Conditional Use Permit (U 0314-71) granted to Delta Sigma Phi in September of 1971 per Planning Commission Resolution No. 337-71 is revoked. This action is taken pursuant Municipal Code Section 17.110.090, which states: A minor use permit or conditional use permit approved in compliance with the provisions of this chapter shall run with the land and continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this chapter. If the operation of the use for which the use permit was issued ceases for a continuous period of one year, the provisions of this section shall not apply, and a new application shall be required for any new owner or operator. The City received notification from California Polytechnic State University that Delta Sigma Phi is no longer a recognized student organization and is no longer in good standing with the Interfraternity Council of Student Life and Leadership as of 2015. Per Municipal Code Section 17.156.014, fraternities are defined 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 such an association also holds meetings or gatherings.” Revocation of the Conditional Use Permit is in response to this loss of affiliation and standing and how, subsequently, the operation of the use for which U 0314-71 was issued (fraternity) has ceased for a continuous period of one year. Operation of a fraternity organization at 244 California Boulevard shall cease, effective immediately. Any fraternity-related activities previously authorized are no longer permitted, including but not limited to hosting special events. Should the organization regain university recognition in the future, an application for a new Conditional Use Permit may be pursued. Revocation of U 314-71 (244 California) Page 2 If you have any questions regarding this letter please contact, Mallory Patino at (805) 783-7704 or mpatino@slocity.org. Sincerely, Tyler Corey Deputy Director Community Development