HomeMy WebLinkAboutA - Draft Resolution denying the appeal (USE-0332-2025, APPL-0665-2025)_FinalR ______
RESOLUTION NO. _____ (202X SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE
PLANNING COMMISSION’S DECISION TO REVOKE 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 as follows/or that (whatever action is needed):
SECTION 1. Findings. The City Council hereby denies the appeal and revokes the
Use Permit U106-98 based on the following findings:
Resolution No. _____ (202X Series) Page 2
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a) The 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 permit 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.
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.
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.
Therefore, the required finding in Municipal Code § 17.110.070(A)(5) cannot
be made
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. The City Council hereby denies the appeal and REVOKES
the Use Permit, U106-98, previously issued as to 1236 Monte Vista Place for use as a
fraternity, based on the Findings stated above. Use as a fraternity shall cease immediately
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upon execution of this Resolution. Any subsequent application to establish a subsequent
Conditional Use Permit for a fraternity at the location shall be subject to all requirements
of the Municipal Code, including but not limited to Section 17.86.130 and Chapter 17.110.
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
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