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HomeMy WebLinkAboutUSE-0332-2025 (1236 Monte Vista) - Delta Chi Fraternity CUP Re-review1 Fraternity Conditional Use Permit Re-review USE-0332-2025 (1236 Monte Vista Place) Planning Commission Hearing – May 28, 2025 2 Recommendation Adopt the Draft Resolution to modify the Conditional Use Permit, based on updated findings and subject to revised conditions of approval. 3 Project Site High-Density Residential (R-4) Zone Developed property of two- and three-story multifamily structures with 26 bedrooms and various site improvements Irregularly-shaped lot with access from Monte Vista Place In proximity to other fraternities and multi-family residences; northern boundary abuts Cal Poly SLO campus 4 Fraternity Background Original Use Permit (U106) Approval in 1998 Kappa Sigma fraternity at 1236 Monte Vista Place Limits residents to maximum of 35 people and gatherings or events to 53 people Delta Chi moved to 1236 Monte Vista Place and continued use as fraternity under U106 History of Violations Unpermitted construction – Notice of Violation issued Nov. 2021 by Code Enforcement Fraternity use violations •3 Police Dept. citations issued this current academic year (Sept 2024 – now) o 2 noise violations (1 successfully appealed), 1 unruly gathering violation •Code Enforcement issued a Notice of Violation on March 19, 2025 5 Scope of Re-review Conditional Use Permit (USE-0332-2025) Re-review Condition No. 11 of U106 requires Planning Commission re-review if complaint received Re-review may result in added, modified, and/or removed conditions; or revocation Staff Recommendation: Update Conditional Use Permit with revised findings and conditions Compliance with current regulations Consistency with recent approvals for other fraternities 6 Municipal Code Changes (since 1998) Requirements for Approval Updated findings for Conditional Use Permit and fraternity approvals Standard Fraternity Conditions Established as part of comprehensive Zoning Regulations update in 2018 •Limit number of permitted residents (Condition No. 3) •Regulate number of attendees for routine meetings and gatherings (Condition No. 4) •Require affiliation and good standing with university (Condition No. 5) •Establish responsible fraternity contacts (Condition No. 6) 7 Municipal Code Changes (since 1998) Title 9 (Public Peace, Morals, and Welfare) Applicable Municipal Code requirements, regardless of Conditional Use Permit approval 9.12 – Noise Control (adopted 1985, latest revision in 2010) •Prohibit noise-generating acts and establish exterior and interior noise limits 9.13 – Unruly Gatherings (adopted 2010, revised 2015) •Define and prohibit unruly gatherings to protect public peace and welfare 9.22 – Safety Enhancement Zones (adopted 2004, latest revision in 2024) •Enhanced penalties for certain Municipal Code violations during specific times of the year 8 Recommended Revisions New and/or Revised Conditions to Address Noise and Large Gatherings Condition No. 2 – require Planning Commission re-review if there are three (3) citations within any 12-month period Condition No. 4 – limit routine meetings and gatherings to 54 people; approval of special event permit required for events with more than 54 people Condition No. 10 – require compliance with lower exterior noise limit between extended range of hours from 10:00 pm to 9:00 am (instead of only 10:00 pm to 7:00 am) Condition No. 11 – require fraternity to establish and maintain ongoing communication with neighbors Condition No. 12 – prohibit amplified noise-generating activities Conditions No. 4, 11, and 12 – clarify that any requested exceptions from the Noise Ordinance will not be approved 9 Recommended Revisions Revised Conditions with Updated Language Conditions No. 1, 2, 3, and 12 of U106 related to number of residents and parking spaces, routine property maintenance, and the grounds for revocation are reorganized with updated language as Conditions No. 3, 7, 8, and 14 Removed Conditions Conditions No. 8, 9, and 10 of U106 related to property improvements that have already been satisfied (e.g., signage, landscaping, and trash enclosures, etc.) 10 Recommendation Adopt the Draft Resolution to modify the Conditional Use Permit, based on updated findings and subject to revised conditions of approval.