HomeMy WebLinkAboutR-11651 denying an appeal and upholding the Planning Commission's decision to revoke the ConditionalR 11651
RESOLUTION NO. 11651 (2026 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE
PLANNING COMMISSION’S DECISION TO REVOKE THE
CONDITIONAL USE PERMIT FOR A FRATERNITY LOCATED AT 280
CALIFORNIA BOULEVARD. THE PROJECT IS EXEMPT FROM
ENVIRONMENTAL REVIEW UNDER SECTION 15061(B)(3) (COMMON
SENSE EXEMPTION) AND UNDER SECTION 15270 (PROJECTS
WHICH A PUBLIC AGENCY REJECTS OR DISAPPROVES) OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES
AS REPRESENTED IN THE COUNCIL AGENDA REPORT AND
ATTACHMENTS DATED MAY 19, 2026 (MOD-0036-2026, APPL-0174-
2026).
WHEREAS, the City Council of the City of San Luis Obispo denied the appeal and
upheld the Planning Commission’s approval of the Use Permit, U1099, on August 2,
1983, after duly considering all evidence, including testimony of the applicant and general
public and evaluation, and recommendations by staff presented at said hearing; and
WHEREAS, the City received complaints and issued citations for multiple, verified
noise violations in 2023 and 2024; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, on November 13,
2024, for a re-review of the existing Conditional Use Permit, pursuant to a proceeding
instituted under USE-0625-2024; Alpha Epsilon Pi, applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo approved
modifications to the Conditional Use Permit, USE-0625-2024, to allow the continuation of
the fraternity at 280 California Boulevard, after duly considering all evidence, including
the documented noise violations, testimony of the applicant and general public, and
evaluation and recommendations by staff presented at said hearing; and
WHEREAS, the City received complaints, and, between November 2024 and
February 2026, the Police Department issued three citations, relating to noise violations
at the property, including at least three citations within a 12-month period within these
dates; and
WHEREAS, Code Enforcement issued a Notice of Violation on July 15, 2025,
relating to the multiple, verified violations of the existing Use Permit; and
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WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, on March 11, 2026,
for the re-review of an existing Conditional Use Permit, USE-0625-2024 (“Conditional
Use Permit”), for fraternity use at 280 California Boulevard, pursuant to a proceeding
instituted under MOD-0036-2026; and
WHEREAS, the Planning Commission of the City of San Luis Obispo voted 7-0 to
revoke Conditional Use Permit USE-0625-2024, after duly considering all evidence,
including testimony of the applicant and general public and evaluation and
recommendations by staff presented at said hearing; and
WHEREAS, Joshua Pinsky, on behalf of Alpha Epsilon Pi, Sigma Omega Chapter,
filed a timely appeal of the Planning Commission’s decision to revoke the Conditional Use
Permit, APPL-0175-2026, on March 23, 2026; and,
WHEREAS, the City Council of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, on May 19, 2026, for the
purpose of considering an appeal of the Planning Commission’s decision to revoke the
Conditional Use Permit, APPL-0174-2025, and has duly considered all evidence,
including the record of the Planning Commission hearing; testimony of the applicant,
appellant, and general public; and evaluation and recommendations by staff presented at
said hearing; and
WHEREAS, notices of said public hearings were made at the time and in the
manner required by law.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. The City Council hereby denies the appeal and revokes the
Conditional Use Permit, USE-0625-2024, based on the following findings:
a) The current use is not consistent with both Conditional Use Permit regulations
of Municipal Code Section 17.110.070(A) and Fraternity regulations of
Municipal Code Section 17.86.130 because:
i) The fraternity has been repeatedly cited for violations of the City’s Noise
Ordinance.
ii) Since April 2025, the Police have issued three citations for noise
violations at the property.
iii) Code Enforcement issued a Notice of Violation of the Conditional Use
Permit on July 15, 2025, which provided warning that a third citation
before April 16, 2026, would result in a re-review by the Planning
Commission. Thereafter, the property received another noise citation in
October 2025.
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iv) The fraternity organization appealed all three citations. One citation
appeal was dismissed due to the appeal being filed after 10 calendar
days from citation issuance. The other two citations went to an
Administrative Citation Appeal Hearing and both citations were upheld
by the Hearing Officer
v) The maximum number of people on site at each cited incident
exceeded the limit established by the Conditional Use Permit (25
people), as noted by the Police Officers that issued citations for a noise
violation on April 16, 2025, April 18, 2025, and October 29, 2025.
vi) The fraternity has failed to apply for special event permits or parking
and transportation plans as required by their Conditional Use Permit,
despite hosting events that exceeded the routine gathering capacity
limits of the Permit.
vii) Conduct of the fraternity has been detrimental to the health, safety, and
welfare of the neighborhood.
b) For the reasons stated above, the design, location, size, and operating
characteristics of the current use is not compatible with residential uses in the
vicinity. The City Council was not satisfied that any set of conditions would
secure these purposes. Therefore, the required finding in Municipal Code
Section 17.110.070(A)(3) cannot be made.
c) For the reasons stated above, the continued use of the property as a fraternity
under the Conditional Use Permit is not appropriate for the subject location, is
incompatible with the neighborhood, and will be detrimental to the health,
safety, and welfare of persons living or working at the site or in the vicinity. The
City Council found that no set of conditions would adequately secure these
purposes. Therefore, the required finding in Municipal Code Section
17.110.070(A)(5) and Section 17.86.130(B)(1), cannot be made.
SECTION 2. Environmental Review. The project is exempt from environmental
review under Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines
because it can be seen with certainty that there is no possibility that the revocation of the
Conditional Use Permit may have a significant effect on the environment. Additionally,
CEQA does not apply to projects which a public agency rejects or disapproves (CEQA
Guidelines Section 15270.)
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SECTION 3. Action. The City Council hereby denies the appeal and REVOKES
the Conditional Use Permit, USE-0625-2024, previously issued to 280 California
Boulevard for use as a fraternity, based on the Findings stated above. Use as a fraternity
shall cease immediately upon execution of this Resolution. Any subsequent application
to establish a subsequent Conditional Use Permit for a fraternity at the location shall be
subject to all requirements of the Municipal Code, including but not limited to Section
17.86.130 and Chapter 17.110.
Upon motion of Mayor Stewart, seconded by Vice Mayor Francis, and on the
following roll call vote:
AYES: Council Member Boswell, Marx, Vice Mayor Francis, and Mayor
Stewart
NOES: None
ABSENT: Council Member Shoresman
The foregoing resolution was adopted this 19th day of May 2026.
___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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5/27/2026 | 7:19 AM PDT