HomeMy WebLinkAbout2024 NOV - Scarry
Notice to Correct Code Violation(s)/Notice of Violation
(Courtesy Warning Prior to Issuance of Administrative Citation)
March 5, 2024
Scarry David Trust
SUBJECT ADDRESS: 1229 Fredericks St, San Luis Obispo, CA 93405-1936 APN: 052-202-006
Code Case #: CODE-000056-2024
Dear Property Owner,
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 R1 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).
In brief, 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.
Cal Poly defines a recognized satellite house as any residence where the majority of occupants
are members of the chapter. The subject address has been identified as a recognized satellite
house by Cal Poly. Additionally, at least three sanctioned events have been reported to occur as
part of the annual report published by Cal Poly as required by the Campus-Recognized Sorority
and Fraternity Transparency Act (AB 524; Sections 66310-66312 of California Education Code).
As a result of the above-mentioned determination and records, the subject address meets 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—Conditional Use Permit).
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.
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). Compliance with
these regulations is required immediately. These violations constitute a public nuisance and must be
abated. Failure to correct the violation(s) by the specified date 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 Officer at (805) 783-7872 or nbuckley@slocity.org.
Sincerely,
____________________________
Nick Buckley, Code Enforcement Officer
Cc:
Enclosures: Request for Directors Review, Table 2-1
CODE CASE ACTIVITY REPORT CODE-000056-2024
FOR CITY OF SAN LUIS OBISPO
Address:04/29/2024Closed Date:CompliantStatus:1229 Fredericks St
San Luis Obispo, CA 93405
03/05/2024Opened Date:Nick BuckleyAssigned ToCode EnforcementCase Type:
Activity Date Created By Activity Type CommentsActivity Name
03/05/2024 NB - The department recently received
information regarding illegal events being held
by Cal Poly fraternities. J. Mezzapesa and H.
Greene evaluated and researched the
information for validity. H. Greene developed
a spreadsheet with all of the pertinent
information and with J. Mezzapesa identified
10 locations that were in violation by holding
an event that was hosted by a fraternity.
This location is one of those 10 locations that
was found to be in violation.
ResearchNick Buckley Information Received
3/4/24 NB - Received an email from J.
Mezzapesa directing S. Sheats and I to open
a case and send an NOV to the 10 locations
identified.
CorrespondenceNick Buckley Email from J. Mezzapesa
NB - NOV sent certified and regular mail to the
PO. Compliance is required immediately.
3/7/24 NB - Copy of original NOV sent to
"Current Resident(s) regular mail.
Notice of ViolationNick Buckley 3-5-24
04/29/2024 NB - No further action required, case can be
closed.
ResearchNick Buckley 4/29/24
Page 1 of 1City of San Luis ObispoOctober 17, 2024