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HomeMy WebLinkAbout146 Stenner Request for Director Review PacketCommunity Development 919 Palm Street. San Iuis 0bispo. CA 93401-321S 805 781 71 /0 slocity Orq DIRECTOR,S DECISION AFTER REVIEW OF NOTTCE TO CORRECT/NOTICE OF VIOLATION December 3,2025 Henrik Nielsen Subject Address:146 Stenner Street, San Luis Obisoo. CA 93405 APN:052-193-030 Case #: CODE-000278-2025Action Reviewed: SLOMC $ 17.10.020 Use Regulated bv Zone Date of Notice: October 21.2025 Date of Request for Directorrs Review: October 30, 2025 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 5 L7.10.020 regarding an unpermitted fraternity has been denied and the action reviewed is UPHELD. After review of the evidence, it is clear that the location meets the definition of a fraternity pursuant to San Luis Obispo Municipal Code S 17.156.01.4: Residence for cottege or university students who ore members of o social or educotional associotion that is offilioted ond in good standing with the California Polytechnic Stote University ond where such an association olso holds meetings or gatherings. pursuant to the City's Land Use Regulations (SLOMC S 17.10.020), a Conditional Use Permit is required for the operation of a fraternity or sorority. As a part of the investigation that led to the determination in the issued notice, a fraternity was verified to have advertised a fraternity sponsored event to take place at the subject address (See below figures). A subsequent inspection performed on the day of the advertised event confirmed an event associated with a fraternity. Additionally, city staff confirmed with the residents that members of the fraternity live at the subject address. I{appa Signta hallRush 2025 I'tn;,1:t' r i2i Ihrhrtr t.r ;; 11, rrl,.l : lXh'rr ( ,1il.'..' I ),9 I).xillr,. , )Lr .,t:rlj.[] a .)t.unr. lllii) ' / lb.r.iln{ .tt. 1 ;,|:;,,,,;,,;, i," ,' " tntttr()nht,.rt 'l ltnrtt t hth lt.l ) E I KI C ::::: ".;t -:.;:: :^:,t.l:;;,"" ! O ".;::":.''- a -"-*-'-' o'JY o Kappa Signa l:tll Ru.sh l|li EIilFJEI"qql;'fir.- ,," H{.ffit''::':KI Figure I.RIJSH Card provided to city stdff Figure 2. Social media post (9/25/25) Fraternities are required to register the location of any sponsored event with CalPoly's Office of Fraternity & Sorority Life. lf you can provide verification from this office that an event on September 28, 2O25,from LPM-4PM, sponsored by Kappa Sigma took place at a location other than the subject address, the violation may be retracted. please take action to correct the code violation. 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 os port of on oppeol from an administrotive citotion (if an administrative citation has been issued or is subsequently issued in connection with the Notice) pursuant to Section !.24.IOO' Thank you for your cooperation in maintaining your property and in preserving the beauty and unique character of our City. Since John Mezzapesa Code Enforcement Supervisor Community Development REQUEST FOR DIRECTOR'S REV IEW 91 9 Palm Street. San Luis obispo. CA 9940j -321 I 805.781 7170 slocl4 orc Person Requesting Review Address Address of alleged violation H.nr;l( lV Wrnnt, Property owner: l'lcni h /Yi0h,r"n"n,.W Sfun,, 5tl6rf Date of Notice to Correct/Violation lA/ 3a / Acts 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. t npt 5t qfl or Srh L I hereby request a review of alleged violation or interpretation by the Community Development Director Signature of Appellant: Please return form to: Date b/n ] City of San Luis Obispo, Commu nity 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 GORRECT/VIOLATION. C.r(5S o4 a b lfrlh qL lf^ t €{-a (on Art Qwoe 'z+/4u, v.oo Atvt Code Enforcem Subject Date: From: To: Cc: Code Enforcement 1012212025 8:35:10 AM pacific Daylight Time Hey Henrik, Just wanted to let you know that the city dropped off a "Notice to Correct Code Violation, at 146 Stenner yesterday. It looks like it's just a *u*ing, not a fine, but they're saying the house is being used as afratemitylsorority in an R-l zone. (146 Stenner is located in ttre R-4 Zone). From what I can tell, their only "evidence" is that the address was printed on a recruitment flyer they picked up on campus, and there haven't been any inspections or complaints tied to the p.op.ity itself. The letter states that you have five days to request a Director's Review if you wish to dispute it, which may be worthwhile to avoid it becoming a citation later. All of us here are on separate leases, and we are not all in a fraternity, nor do we operate as one, so it seems like they're overreaching a bit. Let me know how you want to handle it, I can send you a scan of the notice and our lease copies if that helps. Thanks, Joe Croney 6 Wat & r.a m ('rra+ lAlabflrll\tda{ C t}tlFt. '$rl-46.b-,t.€.ntu,* , '" i;^.ii r',Er i_hE-*A& /er" *,,,a'{ra d.5 +e hr*-nr rrr.!-- { rz.. \'. r-.i;.-, t.{'! |r6--.*ir,th d.d.i*..q! Hr]Fa.q{r. \ lrF i !r.r,. 3{ #dtdFA.s,qNfrqrQ*:tt-*bla'|w r*(-r t4 t{ls *.dtfl r ca ir*,i.trh fF *(bbrF.FlMi*t .d 116&6.dl$ sdf &l+,:dit rrs-:\l.+r.r.+-€E'. rk(4lglr-.t*'-- qd@,df*r-*. 6 bFr'r rt*A.!ii t.l.* r.*db(sr.-t.r. Community Development 91 I Palm Street, San Luis 0bisp0. CA S3401 -321 B 805.781 7170 slocity.org Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) t0t2U2025 Nielsen Henrik N Trust SUBJECT ADDRESS: 146 Stenner St. San is Obisoo. CA 93405 APN:052-193-030 Code Case #: CODE -000278-2025 Dear Property Owner, On0912812025 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 has been with a use and is in Table 2-of the attached table for specific uses allowed by zone. The cit)' defines a Fraternity/Sorority as: Residence for collepe or universitv students who are members of social or educational association that is affiliated and in good standing with the California Pob)technic State UniversiU andwhere such an association also holds meetings or gatherings. (SLOMC 17.156.0141. event 0912812025 address has been determined to meet the definition of a fraternity/sorority and is subject to the City's use resulations as cited below. San Luis Obispo Municipal Code $ 17.10.020: (/se regulations by zone. Allowed uses, (Jses within zones shall be regulated as setforth in Table 2-l: 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 In Table 2-l shall have these A The use is allowed as a matter of right. The use requires a minor use permit approved by the director, as provided in Sectionl7.I I0.030 (Procedure-Minor Use Permit). MUP CUP The use requires a conditional use permit approved by the planning commission, as provided in SectionlT.l10.040 (Procedure- Conditional Use Permit). 146 Stenner St, San Luis Obispo, CA 93405 t012U2025 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 groundfloor. 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 fraternitylsorority 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 vou choose to request a Director's review of this Notice as described below. please submit a copv of the event resistration held bv the office of Fraternitv & Sororitv Life showins the location in which the event was held on the dafe cifed 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) immediatelv. 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, ?tfilt'l S/4/97/t Rami Salem, Code Enforcement Officer & Safe Housing Specialist Cc: File Enclosures: Request for Directors Review Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) 10/21/2025 Residents 146 Stenner St, San Luis Obispo, CA 93405 SUBJECT ADDRESS: 146 Stenner St, San Luis Obispo, CA 93405 APN: 052-193-030 Code Case #: CODE -000278-2025 Dear Property Owner, On 09/28/2025 City of San Luis Obispo Community Development Department staff noted the following violations of the San Luis Obispo Municipal Code or other relevant codes at the above listed address: 1. 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 09/28/2025The 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— Conditional Use Permit). 146 Stenner St, San Luis Obispo, CA 93405 10/21/2025 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 & Safe Housing Specialist Cc: File Enclosures: Request for Directors Review