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HomeMy WebLinkAbout20260727_Exhibit GCity ofSan LuisObispo, Office ofthe City Council, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7114, slocity.org September 16, 2025 Honorable Rita Federman, Presiding Judge of the Superior Court 1035 Palm Street, Room 355 San Luis Obispo, CA 93408 Subject: Response to San Luis Obispo County Grand Jury Report, Round and Round with Town and Gown Dear Presiding Judge Federman, The City of San Luis Obispo has reviewed the San Luis Obispo County Grand Jury Report titled “Round and Round with Town and Gown.” This formal response is submitted on behalf of the City Council, City Manager, and Planning Commission, each of whom has provided input on the findings and recommendations relevant to their roles. The City’s responses to the Grand Jury’s findings and recommendations are provided below, with each item presented in italics, followed by the City’s response. PREFACE The City of San Luis Obispo appreciates the Civil Grand Jury’s attention to the evolving relationship between Cal Poly and the City, and the shared responsibility of fostering a safe and thriving community for all. While the City’s responses directly address each finding and recommendation, many of the findings reflect overlapping themes and omit important context, including external factors that influence both the root causes of the issues and the City's ability to respond. To provide a more complete picture, the City offers the following context: i. Exhibit A to this letter includes the City’s previously submitted response to the Grand Jury’s draft report, which identified numerous factual inaccuracies and offered clarifications in good faith. Although this feedback was provided before the Grand Jury issued its final report, none of the City’s suggested edits or corrections were incorporated. The City’s final response included herein does not restate all of the information previously submitted and encourages readers to consider Exhibit A alongside the report’s findings. ii. Most of the City work referenced in this report—ranging from code enforcement and neighborhood outreach to public safety and community planning—is funded by the City’s General Fund, which is primarily supported by tax revenue from San Luis Obispo residents, visitors, and businesses to benefit the entire community. The City must carefully balance its limited staff and funding across a wide range of needs and neighborhoods. Concentrating disproportionate resources in one area would be neither equitable nor sustainable. Page 547 of 615 2 iii. The City plays a central role in responding to neighborhood concerns through enforcement, education, and public safety coordination. However, several of the issues outlined in the report—such as illegal gatherings, disruptive behavior, and group housing—are symptoms of broader dynamics like student housing availability, rental market conditions, and campus culture. While the City actively collaborates with Cal Poly, many of these root causes fall outside its jurisdiction and require leadership from the university. iv. The Grand Jury’s report does not include findings or recommendations directed to Cal Poly. This is because, as a state institution, Cal Poly is not under the jurisdiction of the San Luis Obispo County Grand Jury or the City of San Luis Obispo. While this explains the lack of formal direction to the university, it represents a structural limitation of the report. By not addressing a key stakeholder, namely Cal Poly, the report creates the impression that the City alone is responsible for mitigating the negative impacts of student party culture. v. These challenges extend beyond City limits since, Cal Poly, Cuesta, the City and the County all have an important role to play. As recommended by the Grand Jury Ad Hoc Council Committee, Council Members and City leadership will engage with Cal Poly, Cuesta and the County to encourage their involvement in finding solutions. vi. The landscape surrounding student gatherings and neighborhood impacts has evolved significantly in recent years, particularly with the rise of social media. Events can now escalate rapidly and gain widespread attention with little warning, making traditional enforcement and outreach strategies more difficult to apply. Like many communities, the City is navigating these challenges in real time and continually adapting its approach to respond to this new reality. vii. There are legal limits on the City’s ability to inquire into personal relationships among residents or regulate who may live together in a private home. Focusing on residents based on “student” status could create legal risks related to equal protection, fair housing, and land use discrimination. viii. Finally, as Cal Poly’s enrollment has grown in recent years, participation in Greek life has also increased. While larger membership can contribute to more activity and potential enforcement challenges, City data shows a sustained overall reduction in noise and disruption across the community, even with rising student enrollment. FINDINGS: F1. Prior to 2025, the city failed to effectively provide a multi-pronged, cohesive approach to manage or shut down large unsanctioned, costly and unruly events such as St. Fratty’s Day. This created an unsafe environment, with increasing size of unruly crowds, property damage, injuries and public disturbances. F1) The City disagrees with this finding. The City wishes to clarify that the reference to unsanctioned, costly and unruly events” appears to focus exclusively on the St. Patrick’s Day–related event commonly known as the “St. Fratty’s Day street party,” with no other recent examples cited in the report. The City acts in accordance with law enforcement best practices and sound operational Page 548 of 615 3 judgment, recognizing that treating every gathering or event as a potential escalation is neither effective nor sustainable. Overcommitting resources without clear justification would strain limited resources and erode community trust. The San Luis Obispo Police Department (SLOPD) has decades of experience planning for and responding to large-scale, unpermitted events, including the historical Mardi Gras and Poly Royal celebrations. Those events, while initially sanctioned and promoted, evolved into significant public safety concerns. In contrast, St. Fratty’s Day emerged organically, has never been officially permitted, and gradually grew in scale (aside from a sharp decline during the COVID-19 pandemic years). Each year, SLOPD developed robust operational plans in collaboration with Cal Poly, tailored to the size and nature of the previous year’s event. These plans included meaningful public safety staffing and extensive outreach campaigns. The department engaged in proactive communication efforts through printed materials, door-to-door “knock and talks,” radio advertisements, direct messaging via Cal Poly and Cuesta College, and meetings with community organizations such as Residents for Quality Neighborhoods (RQN). SLOPD also issued multiple media releases and participated in campus town halls with Cal Poly leadership and other City officials to reinforce a message of zero tolerance. Data collected and analyzed, post-event, also clearly support these increased planning and enforcement efforts and expanded partnerships to gain broader control over any illegal behavior. To deter problematic behavior, the City has amended its Municipal Code multiple times. The Safety Enhancement Zone ordinance 1 was first expanded in 2010 to include Halloween and St. Patrick’s Day and was amended again in February 2024 to cover the two weekends leading up to St. Patrick’s Day— the most likely timeframe for St. Fratty’s Day activity. Despite these efforts, policing St. Fratty’s Day remains uniquely challenging. Unlike a formal event with a central location, the gathering typically involves hundreds of people walking up and down neighborhood sidewalks—behavior that is generally constitutionally protected. Many participants live in the affected neighborhoods and are legally entitled to access their homes, further complicating any efforts to restrict entry or mobility. In addition, the absence of a formal event organizer means there is no single point of contact for coordination or accountability. Without anyone responsible for managing the crowd or ensuring compliance with laws, the burden of enforcement falls entirely on public safety agencies. In 2024, the crowd size exceeded expectations and available staffing, despite the department’s planning. This prompted a significant operational escalation for 2025, which included nearly a year of planning with a dedicated cross-departmental and interagency planning group in coordination with Cal Poly students and faculty. More than 300 law enforcement personnel were deployed from agencies as far away as San Francisco and Ventura. The response included horse-mounted units, motorcycle, bicycle, and foot patrols, as well as mobile teams and a fully staffed Department Operations Center. A temporary Law Enforcement Campus with mobile booking and processing capability was also established in coordination with the San Luis Obispo County Sheriff’s Office. 1 San Luis Obispo Municipal Code Chapter 9.22 (Safety Enhancement Zones) authorizes the City Council to designate the entire city or specific areas as “Safety Enhancement Zones” during certain events or periods (e.g., Mardi Gras, St. Patrick’s Day, Halloween, and Cal Poly move-in weekend). During these times, fines for specified offenses—such as open container, noise, unruly gatherings, and public urination—are doubled, up to $1,000, and violations may be prosecuted criminally or administratively. Page 549 of 615 4 Advanced technologies such as drones and mobile surveillance cameras were deployed alongside outreach tools like targeted signage and materials distributed to known problem properties. These efforts prevented the crowd from forming at any single location. No intersections or roadways were illegally occupied or blocked because of pedestrians or crowds of people, and there were no reports of property damage or injuries within the City of San Luis Obispo. The City’s direct expenditures for the 2025 event exceeded $100,000 in overtime and equipment. When including regular staff time and mutual aid support, the estimated total cost ranged from 700,000 to $800,000. This successful outcome—marked by a safe, uneventful day—was the result of years of iterative planning, lessons learned, and strong relationships between the City, student organizations, law enforcement partners, and neighborhood groups. Cal Poly also significantly expanded its role in St. Patrick’s Day weekend planning, and according to Cal Poly leadership, set clear expectations that past behaviors jeopardizing safety or property would no longer be tolerated. The university hosted an alternative on-campus music festival that drew more than 6,000 students and implemented new security measures, including prohibiting overnight guests and restricting parking to students and staff from Friday, March 14, through Monday, March 17, 2025. It also activated its Emergency Operations Center for real-time coordination and partnered with the City in planning and operations meetings, establishing a new standard of unified communication and coordinated response for the future. F2. The city has not effectively engaged in working together with community stakeholders to find solutions for ongoing off-campus issues that negatively impact neighborhoods such as code enforcement, noise issues, trespassing, property damage, and unruly events. F2) The City disagrees with this finding. While the City acknowledges there is always room for more effective engagement and will continue working to enhance collaboration with stakeholders, we disagree with the assertion that the City has not effectively engaged. Addressing neighborhood impacts related to off-campus student behavior has been a longstanding City priority, reflected in policies, enforcement, and collaboration with Cal Poly, residents, and other stakeholders. Efforts to address noise and other nuisance behavior often associated with students have long been a top priority for our community. Housing and Neighborhood Livability – Healthy, Safe, and Affordable was identified as a top community priority during the 2025–27 financial planning process. Such efforts were also the focus of the Neighborhood Wellness goal, designated a Major City Goal from 2011–2017 and an Important Objective through 2019. During that time, the City convened the Neighborhood Wellness Community Civility Working Group, composed of residents, students, City staff, and Cal Poly representatives. The group created a 90-page report which generated many recommendations, several of which have been implemented. Notably: Ordinance Changes: o The Social Host Ordinance was adopted in 2009. o The Noise Ordinance was revised in 2010 to reduce the warning period, impose higher fines ($350–$1,000), and allow landlord citations for repeated violations. o The Unruly Gathering Ordinance was updated, and a Start-of-School Safety Enhancement Zone was established in 2015. Page 550 of 615 5 o In 2024, the Safety Enhancement Zones for St. Patrick’s Day and Halloween were expanded to cover additional weekends. Education and Outreach: o Extensive communications campaigns are conducted annually, including radio and TV ads, social media, postcards, flyers, presentations to Cal Poly student groups, and outreach to landlords. o City staff provide weekly violation reports to Cal Poly’s Office of Student Rights and Responsibilities (OSRR), including noise complaints and criminal activity involving students. o The City participates in off-campus housing fairs, Greek Life leadership trainings, and new student orientation programs (SLO Days), reaching over 5,000 students annually. Program Implementation: o A party registration pilot launched in 2017 has been successful in reducing noise complaints and promoting voluntary compliance. o Walking tours with neighborhood stakeholders were conducted before the pandemic. o Cal Poly Police were granted administrative citation authority within one mile off campus. o Since 2010, noise complaints have declined by 50%, from approximately 3,000 annually to around 1,450. The City also participates in the Student Community Liaison Committee (SCLC), which brings together Cal Poly, Cuesta College, the City, the County, and community groups to address housing, public safety, and quality-of-life issues. City Leadership Team members regularly attend Residents for Quality Neighborhoods (RQN) meetings to provide updates and gather feedback. In addition, staff respond to dozens of community emails each year, using input to shape enforcement, outreach, and policy. City staff from the Community Development Department and the Police Department meet regularly with Cal Poly leadership and student groups, including the Interfraternity Council and Greek Life staff, to discuss regulations, enforcement, and unpermitted gatherings. The most recent of these engagements took place in January and March 2025. In addition, separate meetings between City and Cal Poly leadership focused on discussing new approaches to Greek Life have been occurring and are ongoing. City enforcement staff also conduct in-person field inspections and outreach during investigations, hand-delivering violation notices and educating residents on applicable codes. Staff have offered to attend student events to support education and compliance. It’s important to note that enforcement staff must assess each situation on a case-by-case basis, as applicable laws are written to provide discretion in determining whether an activity constitutes a citable offense. This process can be complicated by annual changes in residents at a property and by the nature of complaints, which may range from small gatherings, such as a few people having dinner or playing basketball, to large, disruptive parties. Each case is evaluated based on the facts, with an emphasis on whether the conduct violates the law and can be successfully prosecuted. As mentioned above, Housing and Neighborhood Livability was again identified as a top community priority during the 2025–27 financial planning process. In response, the City Council adopted Housing and Neighborhood Livability – Healthy, Safe, and Affordable as a Major City Goal, with multiple Page 551 of 615 6 associated tasks2 focused on advancing this priority. The City remains committed to promoting neighborhood safety and civility and will continue to refine its approach in partnership with institutions and the broader community. F3. The city has failed to effectively enforce municipal codes that prohibit fraternity and sorority activity in R-1/R-2 zones in part due to the difficulty in identifying houses that are hosting fraternity-type events, such as rush events and repeated parties. This inaction has resulted in an increase of illegal fraternities holding events in residential neighborhoods making these areas almost unlivable for most residents. F3) The City disagrees with this finding. Zoning enforcement is inherently complex, particularly when activity occurs on private property and affiliations with fraternities or sororities are informal or unrecognized by the university. While the Grand Jury uses the term “illegal fraternities,” the City does not consider this terminology accurate. Instead, this term appears to refer to residences suspected of operating as fraternity houses in locations not allowed by the City’s zoning ordinance. The City enforces municipal code provisions that prohibit fraternity and sorority activity in R-1 and R- 2 zones and addresses behaviors that constitute neighborhood nuisances or other code violations— while also balancing constitutionally protected rights to privacy and free association. There are legal limits on the City’s ability to inquire into personal relationships among residents or regulate who may live together in a private home. Proactively monitoring private residential properties would not only exceed available resources but also risk eroding public trust and infringing on privacy—values the City is committed to upholding. Consistent with standard code enforcement practices, zoning enforcement related to fraternity or sorority activity is complaint-driven. Since November 2023, the City has investigated over 100 complaints and opened 42 enforcement cases related to unpermitted fraternity activity or conditional use permit violations. Additionally, the City proactively issued advisory notices to 33 suspected fraternity or sorority houses in R-1 and R-2 zones to clarify zoning restrictions. City staff regularly engage with Cal Poly officials and students to provide education on zoning compliance and ensure Greek organizations understand the implications of their housing choices. As recommended by the Grand Jury Ad Hoc Council Committee, Community Development staff will start providing Cal Poly with mapping that identifies where fraternities and sororities may be located (R3 and R4 zones). The City also maintains an interactive online parcel viewer that lets users look up zoning and parcel details, as well as other planning information, for any property in the city. The City has also requested Greek life event location information from Cal Poly to aid enforcement, education, and outreach efforts, but access to such data has been limited. Cal Poly has removed 2 Task 4b. Conduct a study session with Council on Code Enforcement priorities related to safe/livable neighborhoods and receive feedback on priorities. Discuss potential updates to property maintenance standards. Task 4d. Create a project plan and standard operating procedures for Community Development enforcement of zoning code regulations pertaining to Greek houses. Consider potential updates to zoning code to facilitate efficient regulation of Greek houses. Page 552 of 615 7 event location data from its public reports—information that previously supported City enforcement efforts. Enhanced cooperation from Cal Poly, particularly through improved information-sharing and stronger enforcement of student conduct policies, would significantly strengthen the City’s ability to address repeated violations linked to campus-affiliated groups residing off campus. F4. The city has failed to consistently enforce CUPs such as the requirements for an annual list of parties and events, notification to neighbors, and parking plans. Strict enforcement of these conditions would contribute to a reduction of the disturbances in the neighborhoods. F4) The City disagrees with this finding. The City enforces the conditions of Conditional Use Permits 3 CUPs) when violations are reported and substantiated. Over the past year, five fraternities were found to be in violation of their approved CUPs. This resulted in four hearings before the Planning Commission since November 2024 to consider revocation or modification of those permits. Three of the permits were revoked (one is pending appeal review by the City Council) and one was updated. The City will look into more proactive enforcement of specific conditions in use permits related to the annual provision of names and telephone numbers for responsible parties, and annual list of events to be held at CUP locations. Between May and June 2025, the Planning Commission voted to revoke the CUPs for three fraternity houses based on verified noncompliance with conditions of approval (as stated above, one is pending appeal.) The City remains committed to enforcing CUPs fairly and consistently and will continue to pursue enforcement actions when violations are confirmed. F5. The current planning appeal fee structure in SLO disproportionately impacts ordinary citizens, as the high costs consistently and or those raising concerns about community issues such as noise or safety. While these fees may be justifiable for large-scale development appeals requiring additional city resources, they hinder equitable participation in local decision-making processes. F5) The City disagrees with this finding. It is free for any member of the public to report a potential zoning or Conditional Use Permit (CUP) violation. Once a complaint is submitted, City staff investigate and, if a violation is substantiated, may initiate enforcement action or bring the matter before the Planning Commission—at no cost to the reporting party. This exact process has resulted in several CUPs being reviewed in the past year. The fee referenced in the report applies only to formal appeals of Planning Commission decisions, not to complaints or reports of suspected violations. It is a critical distinction: raising concerns about neighborhood impacts, such as noise or safety, does not require a fee. The Planning Appeal fee was adopted by the City Council in 2024 following a comprehensive cost-of- service study, public review, and Council deliberation. The fee is charged uniformly, regardless of who files the appeal—whether a resident, applicant, or third party—and is based on the estimated staff time and administrative costs required to process an appeal. To promote accessibility and public 3 A Conditional Use Permit (CUP) is a discretionary land use approval issued by the City of San Luis Obispo that allows a property to be used in a way not typically permitted in its zoning district, provided specific conditions are met to ensure compatibility with surrounding uses. CUPs are reviewed by the Planning Commission (or City Council on appeal) following a public hearing process. Page 553 of 615 8 participation, the City Council intentionally set the fee at a subsidized rate, below the full cost of service, to ensure it is not overly burdensome. F6. The Grand Jury encountered a lack of cooperation from the San Luis Obispo City Police Department. While one sworn officer did participate in an interview, efforts to interview two additional sworn officers were unsuccessful. This unwillingness to engage hindered the Grand Jury’s ability to corroborate statements, obtain essential information, and maintain transparency in its oversight role. F6) The City disagrees with this finding. The Grand Jury was provided with unimpeded access to all records, the Police Chief himself and the Police Department’s Public Affairs Manager, who is among the most knowledgeable on these topics. These individuals participated in extensive interviews—one lasting 90 minutes—and provided thorough written responses to multiple rounds of follow-up questions. Additionally, the City submitted requested documentation, including thousands of current and historical data points relevant to the Grand Jury’s investigation. At no point was the City or any member of the Police Department served with a subpoena for additional testimony or documentation. The department declined subsequent voluntary interview requests only after providing full access to its most knowledgeable representatives: the Chief of Police, the City Manager who directly supervises the Chief, and the designated staff lead on operational issues related to the issues explored by the Grand Jury. Further interviews with the patrol or shift-level personnel requested by the Grand Jury were not appropriate or necessary, as those individuals have limited scopes of responsibility and were not positioned to speak authoritatively about policy direction, broader planning efforts, or historical context. The City’s goal was to ensure the Grand Jury received the most accurate and comprehensive information possible, and that objective was met through detailed, direct engagement with senior staff. The City regularly receives inquiries from the Grand Jury on a wide range of topics, including property annexations, municipal processes, and service delivery, and responds promptly and cooperatively to each. This inquiry was no exception. Throughout the process, the City and Police Department provided information with transparency and in good faith. RECOMMENDATIONS: R1. The SLO City Council should continue to work with Cal Poly to develop a multi-year plan to ensure that the illegal street parties known as St. Fratty’s Day is completely eliminated. R1) This recommendation has been implemented. While the term “St. Fratty’s Day” is no longer used, the behaviors and risks linked to large, unsanctioned events remain a serious concern and the City shares the goal of preventing them. Leading up to recent St. Patrick’s Day weekends, the City and Cal Poly collaborated on coordinated messaging, joint planning, and proactive public safety operations. These efforts, including promoting on-campus alternatives, engaging student leadership, and focusing on high-risk properties, successfully prevented a major street party in 2025. The City will continue partnering with Cal Poly to prevent illegal and unsafe gatherings associated with St. Patrick’s Day in the future. Page 554 of 615 9 R2. The SLO City Council, in collaboration with Cal Poly and other stakeholders, should implement proactive measures to address future unsanctioned illegal street parties as they arise. Taking immediate action can prevent these gatherings from escalating over time due to prolonged non- enforcement. This approach would foster a safer community while promoting shared accountability among all parties involved. R2) This recommendation has been implemented. The City Council agrees in principle, and the City takes proactive measures whenever possible. In advance of known high-risk weekends such as St. Patrick’s Day, the City works closely with Cal Poly and regional law enforcement agencies to develop and execute coordinated safety plans. These efforts include maximum police staffing, outreach to student leaders beyond Greek Life, deployment of targeted public safety messaging, and pre- positioning of mutual aid resources when appropriate 4. As explained in the responses to Findings 1 and 3, there are practical and legal limits to how proactive the City can be. Many unsanctioned gatherings are spontaneous and difficult to predict, and excessive preemptive enforcement—particularly when events may not materialize—can erode community trust and divert limited resources from other public safety needs. To address this, the Police Department maintains detailed training protocols and response frameworks for managing large, unpermitted events. The City continues to promote early community reporting and encourages a “See Something, Say Something” approach and strong collaboration with Cal Poly remains critical. The City would benefit greatly from improved access to timely and accurate information about sanctioned student events and party addresses—data that Cal Poly is uniquely positioned to provide. This would significantly enhance the City’s ability to anticipate and plan for large gatherings, focus enforcement where it is most needed, and ultimately reduce the risk of unsafe or illegal activity. The City also recognizes that part of the solution involves identifying safe, alternative venues for large student gatherings outside residential neighborhoods. While constraints such as California Department of Alcoholic Beverage Control (ABC) licensing and jurisdictional authority limit the City’s ability to provide or manage these spaces directly, the City will assist in this effort by helping connect partners or identifying opportunities through its Economic Development team. The City considers this recommendation implemented and remains committed to proactive measures. R3. The SLO City Manager should develop and implement an ongoing formal process to identify illegal fraternities to bring them into compliance. R3) This recommendation has been implemented. Through the code enforcement process, the City has identified properties that are suspected to house fraternities, in locations not allowed by the City’s zoning ordinance or have been proven to house illegal fraternities. It is important to note, that per the municipal code, fraternity members can live together in any zone in the City. As noted in the City’s response to Finding #3 (F3), the City is legally limited in its ability to inquire into personal relationships among residents or regulate who may live together in a private home. Additionally, 4 Activating mutual aid takes time and must be grounded in credible intelligence. Page 555 of 615 10 targeting residents based on “student” status could create legal risks related to equal protection, fair housing, and land use discrimination. A violation occurs when fraternity members, who live together, also hold meetings or gatherings associated with the fraternity within a house that does not have a Conditional Use Permit (CUP)5. When events occur at these houses that violate the Municipal Code, the code enforcement team follows City standards and practices to notify occupants and property owners of violations and assess fines for non-compliance, as dictated by City regulations. Fines and enforcement actions escalate if repeat events occur that are found to violate the Municipal Code. The City has established processes for keeping records on these houses to inform future enforcement. Discussion of code enforcement priorities will take place with the City Council as part of the Housing and Neighborhood Livability Major City Goal, Tasks 4b and 4d, during the 2025–27 Financial Plan. These Tasks include a study session with the City Council to discuss Code Enforcement priorities related to safe and livable neighborhoods to receive feedback on Council and community priorities as well as the creation of a project plan and standard operating procedures for the enforcement of zoning code regulation of Greek houses. R4. The SLO City Council should initiate a task force to explore the creation of a “Student Overlay Zone” near the campus that would allow for municipal code requirements to be introduced that would differentiate it from the rest of the city and recognize the needs of a dynamic university environment. This could facilitate changes to such things as density, parking, noise and fraternity activities. R4) This recommendation will not be immediately implemented because it is not reasonable at this time. While the City Council agrees that neighborhoods near campus experience unique land use and quality-of-life challenges, the concept of a zoning overlay that introduces separate municipal code standards based on presumed student occupancy raises significant legal, equity, and policy concerns. Two Major City Goal tasks adopted by the Council in June 2025 are closely aligned with this recommendation and initiating a new task force before these tasks are complete is premature. While these tasks cannot feasibly be completed within the six-month timeframe outlined in subdivision (b) of Section 933, they are part of the City’s formally adopted work program to be completed during the 2025-27 Financial Plan: Housing and Neighborhood Livability Task 4b. Conduct a study session with Council on Code Enforcement priorities related to safe/livable neighborhoods and receive feedback on priorities. Discuss potential updates to property maintenance standards. Housing and Neighborhood Livability Task 4d. Create a project plan and standard operating procedures for Community Development enforcement of zoning code regulations pertaining to Greek houses. Consider potential updates to zoning code to facilitate efficient regulation of Greek houses. 5 CUPs can only be issued for uses allowed by the City’s Zoning Regulations in specific zoning districts. SLOMC Chapter 17.156 defines Fraternities and Sororities 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. Page 556 of 615 11 Consideration of Legal Constraints: Under current California state law, the City cannot reduce allowable residential density or increase parking requirements for certain unit types (such as accessory dwelling units). These limitations constrain many of the zoning tools typically associated with overlay zones. Moreover, municipal regulations must be applied fairly and consistently across all residents. Creating zoning provisions that effectively target or differentiate based on “student” status could expose the City to legal risk related to equal protection, fair housing, and land use discrimination. Existing Tools and Enforcement: The City already uses a variety of municipal code tools—such as conditional use permits, noise regulations, unruly gathering ordinances, and Safety Enhancement Zones—to address behaviors and impacts associated with high-occupancy housing and disruptive gatherings. In fact, it enforces some of the most rigorous fraternity-related zoning laws in the state and has taken proactive enforcement action against group housing that is not allowed under current zoning. Overlay Zone Research and Next Steps: City staff have completed an initial review of how other jurisdictions have approached similar issues—such as Los Angeles’ Neighborhood Stabilization Overlay or Santa Clara’s code enforcement overlay—to assess potential applicability in San Luis Obispo. While these examples offer useful insights, they are often tailored to local legal frameworks and campus conditions. Notably, many include annual permitting, inspection requirements, and enhanced noticing—tools that may be adaptable in San Luis Obispo within existing zoning and code enforcement systems. The City will continue to explore feasible strategies that balance neighborhood livability with a growing student population. This includes: Revisiting “responsible landlord” lease language. Evaluating the feasibility of programmatic enhancements. Improving coordination between enforcement and planning functions. Enhancing collaboration with Cal Poly, especially around access to sanctioned event addresses and off-campus behavior data. R5. The SLO City Council should consider adopting a tiered planning appeal fee structure to promote accessibility of community concerns by individual residents. Such a structure could ensure that financial burdens do not deter public involvement. R5) This recommendation will not be implemented because it is not warranted. The City Council appreciates the Grand Jury’s interest in broadening access to the public process and agrees that community participation is a cornerstone of good governance. As explained under the City’s response to Finding #5 (F5), while planning appeals require a fee, the Planning Commission’s review of a use permit, when initiated based on public complaints or information indicating a permit violation, does not. For fraternities with CUPs, any member of the public may submit a code enforcement complaint at no cost. Such complaints are investigated and, if warranted, can result in a re-review of the use permit. The current appeal fee structure was thoughtfully designed to balance public accessibility with the need to recover a portion of administrative costs. Importantly, filing an appeal is only one of many Page 557 of 615 12 ways residents can engage in land use decisions. Community members can provide input through public comment, neighborhood meetings, and direct communication with City Council or the Planning Commission. While the City Council agrees that a full reassessment of appeal fees is not immediately warranted, they are open to considering whether alternative pathways—such as creative mediation options, structured neighborhood input sessions, or project-specific community liaisons—might more effectively support early and meaningful engagement in the development review process. R6.The SLO City Manager and the Planning Commission should move toward adopting more uniform conditions for CUP’s [sic] and enforcement of existing requirements. Due to the time span 1971-2024) in which these CUPs were approved, the requirements are inconsistent. The City should consider using future CUP violations to determine if it is appropriate to revise the conditions to make them more relevant for today’s environment. This may require consideration of additional code enforcement staff or alternative work schedules. R6) This recommendation has been implemented to the extent practicable and appropriate. Over the past decade, the City has been moving toward both the application of more uniform municipal code requirements (standard conditions) for fraternity and sorority uses as well as the imposition of more uniform conditions of approval for Conditional Use Permits (CUPs). Per the definition of Use Permit in the Zoning Regulations (Section 17.158.046), CUPs are discretionary permits that may be granted to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted as of right but which may be approved upon completion of a review process and, where necessary, the imposition of special conditions of approval. Therefore, it is often necessary to impose non-standard conditions on a CUP to address site specific concerns and issues, and therefore, the conditions cannot be completely standardized. Chapter 17.86.130 of the Municipal Code (Zoning Regulations) regulates fraternity and sorority land uses to promote the quality of life in residential neighborhoods. This is accomplished by ensuring that dwelling units housing multiple persons who are members of a fraternity or sorority provide adequate support facilities for the intensity of the associated use, and that such uses are operated in a manner that is not detrimental to the neighborhood in which they are located due to excessive noise, inadequate off-street parking, general property maintenance, and similar potential impacts. Per the Municipal Code, Fraternity and Sorority uses require a CUP in order to operate. In 2018, the City updated Chapter 17.86.130 of the Zoning Regulations for fraternity and sorority land uses, in part, to codify a set of standard conditions that would apply to fraternity and sorority land uses. This update included resident occupancy limits, maximum number of persons allowed on site for routine meetings and gatherings, requirements that a fraternity or sorority be affiliated with and in good standing with the Interfraternity Council of Student Life and Leadership at Cal Poly, and requirements that contact information be provided by the landlord to the City for responsible persons. These uniform regulations apply to all new and existing fraternity and sorority land uses. As noted above, new fraternity and sorority uses require the approval of a CUP. In addition, if conditions of an existing use permit are violated, the CUP is re-reviewed to determine if the use permit should be revoked, or if conditions need to be updated, removed, or added. In order for the reviewing authority to approve a CUP for a fraternity or sorority use, specific findings must be made Page 558 of 615 13 related to ensuring the health, safety, and welfare of those living on the site and around the site, consistency with the City’s General Plan, and consistency with zoning regulations and neighboring properties. Given that conditional use permits are site and project specific, conditions of approval within CUPs for fraternities and sororities will vary to some degree to address the unique circumstances of each proposal. However, the City has made a concerted effort to standardize and modernize conditions, as appropriate. This provides clarity for CUP holders, City staff, and the public, and enhances the ability of the City to enforce the conditions in a CUP. For example, since 2024 the City has reviewed one new and four existing fraternity CUPs which has led to the modernization of CUPs issued in the 80s and 90s to current standards. This has included: removing outdated conditions that no longer apply and adding certain standardized conditions related to establishing thresholds for re-review should violations occur, extending the hours of compliance with a lower noise limit, requiring ongoing communications between fraternities and their neighbors, prohibiting amplified noise-generating activities, and clarifying that exceptions from the Noise Ordinance will not be approved. The City will continue to standardize conditions of approval as appropriate as new reviews are undertaken. Where there is an opportunity for a condition to become standardized as a uniform requirement in the Municipal Code, the City will consider this change in a future update of the Zoning Regulations. For example, there has been an update to a standard condition for when the re-review of a CUP should occur when there has been a violation of the Municipal Code or CUP. This updated condition language would be considered for inclusion in the Municipal Code as a uniform standard when the next update to the Zoning Regulations occurs, which will likely be within the next year. The City does enforce Conditional Use Permits. As noted above, the City conducted a re-review of four existing CUPs because of verified violations of the conditions of approval, and several others are pending re-review. This enforcement of the CUPs led to the revocation of three permits, and the updating of one permit. The Community Development Department investigates all complaints received and works closely with the Police Department to determine if a violation of conditions has occurred that would lead to re-review of a Conditional Use Permit (such as a noise violation). In addition, the Community Development Department takes input and complaints from the community, which can and do lead to the re-review of CUPs for non-compliance at no cost to the community member. Enforcement of CUPs is addressed on a complaint basis, similar to other code enforcement activities in the City. Assuming the last sentence of the Grand Jury’s recommendation is intended to suggest the City should increase the level or hours of code enforcement activity, current staffing levels do not support proactive enforcement of fraternity and sorority CUP regulations in that manner. Noise, unauthorized events, and similar complaints related to fraternities during the fiscal year of 2024- 2025 represent approximately 6.5% of code enforcement complaints and responses and existing code enforcement staff work during standard business hours, with staff available generally between 8am and 5pm. In 2024 existing staff responded to 1,400 complaints, alleging violations relating to substandard housing, mold growth, significant building and fire code violations, land use, property maintenance, unpermitted construction, animals, etc. Extending staff hours or increasing the number of staff available to address fraternity and sorority enforcement would represent a significant increase in ongoing costs to the public at a time when the City is forecasting future budget deficits. Alternatively, redirection or adjustment of existing staff toward this effort would result in decreased service levels and/or delays in addressing other community response workload. In limited instances Page 559 of 615 14 where potential large-scale events (such as rush) were known ahead of time, Code Enforcement staff have adjusted schedules or worked overtime in order to gather information in the evening or on weekends to support enforcement actions. This can be useful in specific circumstances, but would be disruptive to other code enforcement efforts and the budget if done regularly. R7. The SLOCGJ recommends that the SLO City Manager create formal guidelines and provide training outlining how the SLO City Police Department will respond to requests from the SLOCGJ and other oversite bodies. R7) This recommendation will not be implemented because it is not warranted. Grand Jury requests vary in nature and scope and, by their nature, do not lend themselves to a uniform approach in each instance. The Police Department is managed by the Chief of Police who is supervised by and accountable to the City Manager. The City Manager has and will continue to review and provide appropriate oversight and direction to her staff in providing responses to the Grand Jury, in consultation with the City Attorney as needed. In the event a particular request directed to the Police Department demanded confidentiality from the City Manager, the City Attorney’s Office would review and advise the Department’s response and support communication to the City Council. Respectfully, City of San Luis Obispo Councilmembers City of San Luis Obispo City Manager City of San Luis Obispo Planning Commission Cc: San Luis Obispo County Grand Jury P.O. Box 4910 San Luis Obispo, CA 93403 Page 560 of 615