HomeMy WebLinkAboutLegislative Draft for A - Draft Resolution conditionally denying the appeal (USE-0332-2025, APPL-0665-2025)
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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
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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
Commented [WM1]: There is a more recent citation from
just a couple of weeks ago. Can we add this?
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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
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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