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Home My WebLink About171 Orange Dr. Request for Director's Review Packet (2)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 February 12, 2025 Edward L. Somogyi Subject Address: 171 Orange Drive, San Luis Obispo, CA 93405 APN: 052-091-013 Action Reviewed: SLOMC § 17.10.020 Use Regulated by Zone Case #: CODE-000020-2025 Date of Notice: January 18, 2025 Date of Request for Director’s Review: February 4, 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 § 17.10.020 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 § 17.156.014: 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. Pursuant to the City’s Land Use Regulations (SLOMC § 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 (171 Orange). Inspection performed on the day of the advertised event confirmed the display of Greek letters associated with a fraternity. Additionally, CDD staff confirmed with the residents that members of the fraternity live at the subject address. 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 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 Interim Deputy Building Official Community DeveloPmenr REQUES T FOR DIRECTOR'S REVIEW ll j :t,'' riiia, :,.1: -,iS,.i.'::- ^.) :)i,''):.' i ,1ij-t 1 ; REEENED GTYOF SAN LUISOBISPO Property Owner: X Address of alleged violation FEB 42025 Person Requesting Review Edwo rd L. Somoqyi coMMUNrwDEvELoPpFSle: ( Address Email somo gYi-low@somogYilow.com Tenant:Case #:coDE-000020-2025 171 Oronge Drive, Son Luis ObisPo, CA Date of Notice to CorrecWiolation Jonuory 29,2025 please identify the code violation or interpretation you are contesting. Please provide relevant information and explain why the alleged violation oi interpretation should be reconsidered' You may attach additional pages, if necessary. Pleose see ottochmenf . I hereby request a review of a d violation or inte n by the Community Developrnent Director Date 0210312025Signature of Appellant: 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 CORRECTA/IOLATION I om the owner of the property locoted al 171 Oronge Drive, Son Luis Obispo, Colifornio. I om disputing the "Notice To Correct Code Violotion(s)/Notice of Violotion ond Requesting Director's Review. As ihe property owner of 171 Oronge Drive, Son Luis Obispo, I hove conducted on investigotion into the ollegotions of code violotions mode by the Community Development Deportment of the City of Sqn Luis Obispo' As the property owner, I om disputing ihe Notice of Correction/Violotion of SLOMC iT.1A.O2A subsections B ihrough F in thot there is no credible evidence thoi froternol gotherings, meetings or octiviiies ore toking ploce al 171 Oronge Drive or ihot there is ony signoge with leiters, brondings or onything similor lo froternol identifying morkers of the property locoted ol 171 Oronge Drive' I do not rent the residence io ienonts of l7l Oronge Drive os q froternity house to be used os froternity gotherings, frqternity meetings ond/or froternity octivities. Therefore, I requesi the Director's Review of this issue in order to dispute the Notice to correct code violcliions{s)/Notice of violotion. EDWARD L. SOMOGYI A PROFESSIONAL LAW CORPORATION 695 SANTA ROSA STREET sAN LUIS OBISPO, CALIFORNIA 93401 EDWARD L. SOMOGYI* HEATHER L, SEGAL TELEPHoNE: (eos) 741 -OAOo FACgIMILE: (aOS) 7At -O9O9 EMAIL: SOMOGYI_LAW@SOMOGYILAW.COM *CERTIFIED SPECIALIST FAMILY LAW THE STATE BAR OF CALIFORNIA BOARD OF LEGAL SPECIALIZATION VIA EMAIL AND FIRST CTASS MAIL emoil: code@slocitY.org Februory 3,2025 City of Sqn Luis Obispo Community DeveloPment Attention: Remi Solem 919 Polm Street Son Luis Obispo, CA 93401-32,lB Re: Residence ol l7l Orqnge Drive. Sqn Luis Obispo. Cqliforniq, APN: 052-09,l-013; Code Cose #: CODE-000020-2025 Deor Mr. Solem: I om wriling in response to the letter doted Jonuory 29, 2A25, thot provided Notice to Correct Code Violotion(s)/Notice of Violotion. I om the owner of the property locoted of l7l Oronge Drive, Son Luis Obispo, Colifornio. I om disputing ihe "Noiice To Correct Code Violotion(s)/Notice of Violotion ond Requesting Director's Review. Enclosed herein, pleose find the Request For Direcior's Review, which is enclosed herein for your informolion. As the property owner, I om disputing the Notice of Correction/Violotion of SLOMC I 2."10.020 subsections B through F in thoi there is no credible evidence thot froternol gotherings, meetings or octivities ore toking ploce oI 171 Oronge Drive or thot there is ony signoge wiih letters, brondings or onything similor io froternql identifying morkers of the property locqted aI 171 Oronge Drive' Therefore, I request the Director's Review of this issue in order to dispute the Notice to correct code Violotions{s}/Notice of Violotion. EDWARD L. SOMOGYI A Professionol Lqw CorPorolion City of Son Luis Obispo Community DeveloPment Attention: Romi Solem Februory 3,2425 Poge 2 lf you hove ony quesiions regording not hesitote to contoct mY office. tJis or ony oiher motter, Pleose do I truly, ARD L. SOMOGYI ELS/md Enclosure Thomos D. Roche Joson A. Sulick (sulickq@smhs.org) Alexonder R. Gorwood { Cynthio Middleton ( Leslio A. Smith ( Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) January 29, 2025 Edward Somogyi SUBJECT ADDRESS: 171 Orange Dr San Luis Obispo, CA 93405 APN: 052-091 Dear Property Owner, City of San Luis Obispo Community Development Department staff has been made aware of violations of the San Luis Obispo Municipal Code located at 171 Orange Dr Within the City of San Luis Obispo, a fraternity or 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 section 17.10.020 of the San Luis Obispo Municipal Code. 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 summary, 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. On January 18th, 2024, 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. Use regulations by zone (SLO MC §17.10.020): A. 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 matter of right MUP The use requires a minor use permit approved by the director, as provided in Section 17.110.030 (Procedure-Minor Use Permit). CUP The use requires a conditional use permit approved by the planning commission, as provided in Section 17.110.030 (Procedure-Minor Use Permit). M/A 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: 1. Stop all fraternal gatherings, meetings, or activities at this property. 2. Remove any and all fraternal identifying markers from the property such as painted letters, brandings, or any item(s) similar to that in nature. 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. Failure to correct the violation(s) as soon as possible 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 at (805) 440-9825 or rsalem@slocity.org. Sincerely, RAMI SALEM Rami Salem, Code Enforcement Technician & Safe Housing Coordinator Cc: File Enclosures: Request for Directors Review Community Development 919 Palm Street, San Luis Obispo. CA C3401 -321 B 805.781 7170 slocity.org Declaration of Service and Posting of Notice SUBJECT ADDRESS E o PO CA 93405171ORANGDRIVE SAN LUI BIS CASE NO.: CODE-000279-2025 Citation No 42020 Officer:R.M l/we, the undersigned, declare that at all times herein mentioned, l/we were and now are a duly authorized employee(s) of 1ie Community Development Department, City of San Luis Obispo, State of California; that pursujnt io Section 1.24.050G of the San Luis obispo Municipal Code (SLoMC), Section 1101.4 of the iJniform Housing Code, or Section 401.4 of the Uniform Code for the Abatement of Dangerous Buildings, as adopted by Seclion 15.02.010 of the San Luis Obispo Municipal Code, l/we dePosited.i4 a receptacle for.the U.S. postjt Service, in a sealed envelope, postage prepaid, bylX regular mail, and/or El certified mail, return receipt requested the following: Notice to Correct, Notice of Violation, Administrative Gitation, 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 Obisbo 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 23d day of December ,2025, San Luis Obispo, california Officer or clerk effecting service by mai (Print Name)(Signature)(Time/date) Officer effecting service by posting A I x x TI (Print Name)(Signature)(Tirn e/date) 91 9 Palm Slreet. San Luis Obispo, CA 33401 -321 B 805.78 r.7 r 70 slocity.org Citation No.: 42020 ADMIN ISTRATIVE CITATION AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUNICIPAL CODE Community Development 81", Citation fl 2no Gitation fl 3'o Gitation EI aoaitional / Daily Fines ADDRESS OF VIOLATION: 171 Orans e Drive San Luis Obispo,CA 93405 APN: 052-091-013 DATE OF VIOLATION: NAME: ADDRESS: Septe mber 28,2025 SOMOGYI EDWARD L PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE, YOU ARE HEREBY oRDERED TO |MMED|ATELY CORRECT THE VTOLATION(S) DESCRIBED BELOW AND PAY THE FINE. YOU ARE FURTHER ORDERED TO CEASE THE ACTIVITY GIVING RISE TO THE VIOLATION. WHEN GoRRECTTONS 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 GoRRECTED. FATLURE TO CORRECT THE VTOLATTON(S) WILL RESULT lN THE ISSUANCE OF ADDITIONAL ADMINISTRATIVE CITATIONS AND ESCALATING FINES OR OTHER ENFORCEMENT ACTION. 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 ol 8o/o 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: Gity of San Luis Obispo, Gommunity 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. PICASC SCE thE AttAChCd Appeal Form for more information. MailAppeals to: City of San Luis Obispo, City Clerk 990 Palm Street, San Luis Obispo, CA 93401 lssued By: R. Salem Signature Title: Code Enforcement Officer CODE SECTION DESCRIPTION OF VIOLATION FINE sLoMC S 17.10.020 Use regulations by zone. Allowed uses - Unpermitted Use $1 00 Amount Due (or subtotal if daily fine)$1 oo lf Daily Fines apply the TOTAL AMOUNT DUE = -(no. days) X subtotal = RELATED CE GASE: CODE-OO0279-2025 DATE CITATION ISSUED: DECCMbET 23, 2025 TNVOTCE (00042020) FOR CITY OF SAN LUIS OBISPO BILLING CONTACT INACTIVE EDWARD SOMOGYI ATASCADERO, CA 93422 INVOIGE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION 00042020 12t23t2025 01t22t2026 Due NONE REFERENCE NUMBER FEE NAME TOTAL coDE-000279-2025 CE lstAdmin Citation $100.00 171 Orange Dr San Luis Obispo, CA 93405 SUBTOTAL $100.00 TOTAL $100.00 December 23, 2025 City of San Luis Obispo Page 1 of 'l Community Development 91 I Palm Street, San Luis 0bispo, CA 93401 -321 I 805.781 .71 70 slocity.org January 29,2025 Edward Somogyi SUBJECT ADDRESS: 171 Orange Dr San Luis Obispo, CA Code Case #: CODE-000020-2025 Dear Property Owner, City of San Luis Obispo Community of the San Luis Obispo Municipal Code fraternity or sorority requires a use permit when R-l & R-2 zones as described in section 17.10 defines a Fraternity/Sorority as: In summary, a members Notice to Correct Code Violation(s)Alotice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) 2-091-013 has been made aware of violations the City of San Luis Obispo, a zones and is not allowed within the Luis Obispo Municipal Code. The city or sorority when it houses fraternity/sorority social or educational association. Community Development Department staff noted theOn January 2024, City of Luis following address: 1. ofthe San bispo Municipal Code or other relevant codes at the above listed within zones shull be as set forth in Table 2-l; UsesA. A to subsections of this section and additional regulations speciJied in the Speciftc Use Regulations Column of Table 2-1. Land uses ore deftned in Chapter 17.156 (Land IIse DeJinitions). In Table 2-1, symbols sholl have these meanings: A The use is allowed as motter of right MUP The use requires a minor use permit approved by the director, as provided in Section 17.110.030 Use CUP The use requires a conditional use permit approved by the planning AS in Section 17.110.030 Use regulatq! throughfi ofa EtF'r M/A The use is allowed above the groundfloor only. Subiect to minor use permit review, the use mav be established on the ground,floor, Corrective Action: 1. Stop all fraternal gatherings, meetings, or activities at this property. 2. Remove any and all fraternal identiffing markers from the property such as painted letters, brandings, or any item(s) similar to that in nature. We request that you voluntarily take action to correct the above noted s) immediately. These violations constitute a public nuisance and must be abated. Failure to violation(s) as soon as possible will result in the issuance of an Administrative Citation req of FINES in accordance with SLOMC Chapter 1.24. For Municipal issuance of an Administrative Citation, the City may seek Any person having a title interest in the property completing the enclosed Request for Director's Development Department via email at 9340l,within five (5) days ofthe date ofthis file a Request for Director's Revieq We look forward to working with efforts to maintain your property have questions, please contact Sincerely, uncorrected after or criminal remedies Director's this Notice by submitting it Community Obispo, CAPalm Street, San be deemed final unless you timely and would like to thank you for your and beauty of our community. If you rsalem@slocity.org. Rami Sal Cc: File Enclosures: Enforcement T for Directors lew Housing Coordinator This F or to