The URL can be used to link to this page

Home My WebLink AboutA - Draft Resolution conditionally denying the appeal (USE-0332-2025, APPL-0665-2025)_updated with track changes R ______ RESOLUTION NO. _____ (202X SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DENYING AN APPEAL AND CONDITIONALLY REVOKING THE USE PERMIT FOR A FRATERNITY LOCATED AT 1236 MONTE VISTA PLACE. THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER SECTION 15061(B)(3) (COMMON SENSE EXEMPTION) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES AS REPRESENTED IN THE COUNCIL AGENDA REPORT AND ATTACHMENTS DATED OCTOBER 21, 2025 (USE-0332-2025, APPL-0665-2025). 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 May 28, 2025, for the re-review of an existing Conditional Use Permit, U106-98 (“Use Permit”), for fraternity use at 1236 Monte Vista Place, pursuant to a proceeding instituted under USE- 0332-2025; and WHEREAS, the Planning Commission of the City of San Luis Obispo revoked Use Permit U106-98, 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, Delta Chi Cal Poly Chapter filed a timely appeal of the Planning Commission’s decision to revoke the Use Permit, APPL-0665-2025, on June 20, 2025; 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 October 21, 2025, for the purpose of considering the appeal of the Planning Commission’s decision to revoke the Use Permit, APPL-0665-2025, 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 that: SECTION 1. Findings. The City Council hereby denies the appeal and conditionally revokes the Use Permit U106-98 based on the following findings: a) As recently operated and conditioned, tThe current use is not consistent with Fraternity use regulations of Municipal Code Section 17.86.130 nor is the Council able to make the required findings to grant a conditional use Resolution No. _____ (202X Series) Page 2 R ______ permit to continued operations under current conditions pursuant to Section 17.110.070 because: i) The fraternity has been repeatedly cited for violations of the City’s Noise Ordinance and an unruly gathering. ii) The fraternity was cited for an unruly gathering by Police on March 15, 2025, for the “St. Fratty’s Day” party hosted on the property, during a safety enhancement zone and despite City staff’s proactive outreach to fraternity organizations ahead of the St. Patrick’s Day Weekend to encourage safe celebrations and deter unruly gatherings. iii) The fraternity was most recently cited for a noise violation on October 4, 2025, after the Planning Commission’s hearing for re-review and revocation of the Use Permit, and during the processing of their appeal. iv) The maximum number of persons on site repeatedly exceeded the limit established by the Use Permit. v) The fraternity has failed to apply for special event permits or parking and transportation plans as required by their Use Permit, despite hosting events which exceeded the routine gathering capacity limits of the Permit. vi) Conduct of the fraternity has been detrimental to the health, safety, and welfare of the neighborhood and has continued under the current circumstances and conditions. 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. Therefore, the required finding in Municipal Code §17.110.070(A)(3) cannot be made under the current circumstances and conditions. c) For the reasons stated above, the continued use of the property as a fraternity under the 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 under the current circumstances and conditions. Therefore, the required finding in Municipal Code § 17.110.070(A)(5) cannot be made without additional modifications to the circumstances and conditions under which the use may be conducted. 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.) SECTION 3. Action. 1. The City Council hereby denies the appeal and conditionally REVOKES the Use Permit, U106-98, previously issued as to 1236 Monte Vista Place for use Resolution No. _____ (202X Series) Page 3 R ______ as a fraternity, based on the Findings stated above. Use as a fraternity shall cease immediately upon execution of this Resolution. However, Applicant may, within sixty (60) days of this decision, apply for a modification of the conditionally revoked CUP. Such modification shall be accompanied with the appropriate Modification fee. If the application to reestablish Any subsequent application to establish a subsequent Conditional Use Permit for a fraternity at the location is timely filed, it shall be heard by the Planning Commission for a recommendation to the City Council. The Planning Commission shall recommend re-establishment of a Conditional Use Permit for a fraternity at the location only if the proposed use, as conditioned, meets subject to all requirements of the Municipal Code, including but not limited to Section 17.86.130 and Chapter 17.110 and is consistent with the General Plan. The City Council’s decision on the application for modification following a recommendation by the Planning Commission shall be final. Should the City Council deny the application for modification, this revocation shall immediately become final. 2. If Applicant fails to timely submit an application for modification as set forth above, this conditional revocation shall be final. Should Applicant wish to submit a subsequent application to re-establish a fraternity use at the location, Applicant will be subject to the City’s standard process for review of a Conditional Use Permit, including the payment of all applicable fees. 3. If, during the period of conditional revocation, one noise or unruly gathering citation are issued related to any activity on the property, the conditional revocation shall become permanent immediately upon exhaustion of appeals. Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _______________ 202X. ___________________________ Mayor Erica A. Stewart ATTEST: ______________________ Teresa Purrington City Clerk Resolution No. _____ (202X Series) Page 4 R ______ 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