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Home My WebLink AboutEmails Re 1236 MonteVista AppealFrom:Colunga-Lopez, Andrea To:Chris Green Cc:CityClerk; Corey, Tyler; Patino, Mallory Subject:RE: 1236 Monte Vista Place - Delta Chi- CUP Appeal Form & Payment Receipt Date:Friday, June 20, 2025 1:50:30 PM Chris Green, Your appeal has been received and sent to the Community Development Department for action. For additional information regarding the process please contact Tyler Corey, Deputy Director of Community Development or Mallory Patino, Assistant Planner who are copied on this email. Best, Andrea Colunga-Lopez pronouns she/her/hers Administrative Assistant II City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications From: Chris Green <president.cpdeltachi@gmail.com> Sent: Friday, June 20, 2025 12:19 PM To: CityClerk <CityClerk@slocity.org> Subject: 1236 Monte Vista Place - Delta Chi- CUP Appeal Form & Payment Receipt Hello, On behalf of the Delta Chi Fraternity San Luis Obispo Chapter, I wish to appeal the revocation of the Conditional Use Permit for 1236 Monte Vista Place. I have attached the written appeal form as well as our receipt of payment. Thank you for your time, -------------------------------------------------------- Chris Green President Delta Chi Fraternity California Polytechnic State University president.cpdeltachi@gmail.com ( Date Received Revised and Published 10/01/24 Page 1 of 2 Filing Fee Applicant/Non-Applicant: $2,583.46 For Office Use Received by:_____ SECTION 2. SUBJECT OF APPEAL 1.In accordance with the procedures set forth in Title 1, Chapter 1.20 of the San Luis Obispo Municipal Code or Title 17, Chapter 17.126 of the San Luis Obispo Municipal Code, I hereby appeal the decision of the: _________________________________________________________________________ (Name of Officer, Committee or Commission decision being appealed) 2. The date the decision being appealed was rendered: _______________________________ 3.The application or project was entitled: __________________________________________ _________________________________________________________________________ 4.I discussed the matter with the following City staff member: ______________________________________________________ on ______________________ (Staff Member’s Name and Department) (Date) 5.Has this matter been the subject of a previous appeal? If so, when was it heard and by whom: _________________________________________________________________________ SECTION 3. REASON FOR APPEAL Explain specifically what action/s you are appealing and why you believe the Council should consider your appeal. Include what evidence you have that supports your appeal. You may attach additional pages, if necessary. This form continues on the other side. APPEAL TO THE CITY COUNCIL SECTION 1. APPELLANT INFORMATION _____________________________________________________________________________ Name Mailing Address and Zip Code _____________________________________________________________________________ Phone Email _____________________________________________________________________________ Representative’s Name Mailing Address and Zip Code _____________________________________________________________________________ Title Phone Email Delta Chi Fraternity Chris Green President Planning Commission June 11, 2025 Conditional Use Permit for a fraternity (Delta Chi) at 1236 Monte Vista Place Mallory Patino, Community Development June 12, 2025 No 1236 Monte Vista Pl. San Luis Obispo, CA 93405 president.cpdeltachi@gmail.com 1236 Monte Vista Pl. Unit 14, San Luis Obispo, CA 93405 president.cpdeltachi@gmail.com Revised and Published 10/01/24 Page 2 of 2 cc: City Attorney City Manager Department Head Advisory Body Chairperson Advisory Body Liaison City Clerk (original) SECTION 4. APPELLANT’S RESPONSIBILITY The San Luis Obispo City Council values public participation in local government and encourages all forms of citizen involvement. However, due to real costs associated with City Council consideration of an appeal, including public notification, all appeals pertaining to a planning application or project are subject to the following filing fee, which must accompany the appeal form: $2,583.46. Your right to exercise an appeal comes with certain responsibilities. If you file an appeal, please understand that it must be heard within 45 days from filing this form, except for matters arising under Title 17 (Zoning Regulations) of the San Luis Obispo Municipal Code shall be governed by those Chapters. You will be notified in writing of the exact date your appeal will be heard before the Council. You or your representative will be expected to attend the public hearing, and to be prepared to make your case. Your testimony is limited to 10 minutes. A continuance may be granted under certain and unusual circumstances. If you feel you need to request a continuance, you must submit your request in writing to the City Clerk. Please be advised that if your request for continuance is received after the appeal is noticed to the public, the Council may not be able to grant the request for continuance. Submitting a request for continuance does not guarantee that it will be granted; that action is at the discretion of the City Council. I hereby agree to appear and/or send a representative to appear on my behalf when said appeal is scheduled for a public hearing before the City Council. __________________________________________________________________________ (Signature of Appellant) (Date) Reason for Appeal continued The Delta Chi fraternity respectfully appeals the Planning Commission’s revocation of its Conditional Use Permit U106-98 and requests that the City Council uphold this appeal. Please see attached documentation. as 6/20/2025 City of San Luis Obispo Finance 990 Palm Street San Luis Obispo, CA 93401 (805) 781-7124 www.slocity.org Thank you for your payment. Have a nice day! Friday Jun 20 2025 10:52:57 AM Clerk - Misc Revenue (CLERKREV) JACK WERLE - APPEAL TO THE CITY C2,583.46 __________________________________________ Total 2,583.46 Credit 2,583.46 Receipt #: finance-06202025-1 Cashier: Maryanna Espejo-Moses . . . . . . . . . . . . . . . . . . . . . VISA ************6926 Entry Method: MANUAL Date: 06/20/25 Time: 09:53:25 Reference: q-2ymZyjaCR96NpKRubdedKHxwlIM Auth Code: 055213 Approved - Thank You Merchant Id: CITYOSANL2GB . . . . . . . . . . . . . . . . . . . . . TOTAL USD $ 2,583.46 I AGREE TO PAY THE ABOVE AMOUNT ACCORDING TO THE CARD ISSUER AGREEMENT (MERCHANT AGREEMENT IF CREDIT VOUCHER) x_________________________________________ Cardholder Signature City Copy City of San Luis Obispo Finance 990 Palm Street San Luis Obispo, CA 93401 (805) 781-7124 www.slocity.org Thank you for your payment. Have a nice day! Friday Jun 20 2025 10:52:57 AM Clerk - Misc Revenue (CLERKREV) JACK WERLE - APPEAL TO THE CITY C2,583.46 __________________________________________ Total 2,583.46 Credit 2,583.46 Receipt #: finance-06202025-1 Cashier: Maryanna Espejo-Moses . . . . . . . . . . . . . . . . . . . . . VISA ************6926 Entry Method: MANUAL Date: 06/20/25 Time: 09:53:25 Reference: q-2ymZyjaCR96NpKRubdedKHxwlIM Auth Code: 055213 Approved - Thank You Merchant Id: CITYOSANL2GB Customer Copy RE: Conditional Use Permit for a fraternity (Delta Chi) at 1236 Monte Vista Place - June 20, 2025 CUP Appeal Reasons continued The Delta Chi fraternity respectfully appeals the Planning Commission’s revocation of its Conditional Use Permit U106-98 and requests that the City Council uphold this appeal. The fraternity believes that the revocation was premature and that issues cited can be effectively addressed through collaboration with City staff and other stakeholders. Rather than pursue a costly and time-consuming reapplication process, the fraternity proposes to work in good faith to amend the existing permit to ensure compliance and alignment with community expectations. Supporting documentation will be provided to the City Council that will demonstrate the willingness to remedy concerns and maintain a responsible presence in the neighborhood. From:Dietrick, Christine To:Wooten, Eric Cc:Symens, Sadie Subject:FW: 1236 Monte Vista Place - Delta Chi- CUP Appeal Form & Payment Receipt Date:Friday, June 20, 2025 5:25:12 PM Attachments:CUP Appeal Reasons continued.pdf CUP Appeal Payment Receipt - 1236 Monte Vista Place.pdf City Council CUP Appeal Form - 1236 Monte Vista Place .pdf Eric please save to SP and link files to a new one note/task for Sadie and I to review on Monday and calendar time. Thx. From: Purrington, Teresa <TPurring@slocity.org> Sent: Friday, June 20, 2025 1:02 PM To: Tway, Timothea (Timmi) <TTway@slocity.org>; Corey, Tyler <tcorey@slocity.org>; Patino, Mallory <mpatino@slocity.org> Cc: McDonald, Whitney <WMcDonal@slocity.org>; City_Attorney <City_Attorney@slocity.org> Subject: FW: 1236 Monte Vista Place - Delta Chi- CUP Appeal Form & Payment Receipt Appeal to the City Council of the Planning Commission’s decision to revoke CUP for 1236 Monte Vista Place. From: Chris Green <president.cpdeltachi@gmail.com> Sent: Friday, June 20, 2025 12:19 PM To: CityClerk <CityClerk@slocity.org> Subject: 1236 Monte Vista Place - Delta Chi- CUP Appeal Form & Payment Receipt Hello, On behalf of the Delta Chi Fraternity San Luis Obispo Chapter, I wish to appeal the revocation of the Conditional Use Permit for 1236 Monte Vista Place. I have attached the written appeal form as well as our receipt of payment. Thank you for your time, -------------------------------------------------------- Chris Green President Delta Chi Fraternity California Polytechnic State University president.cpdeltachi@gmail.com ( 1 Subject:1236 Monte Vista Place - Delta Chi- CUP Appeal Form & Payment Receipt Due Date:Friday, June 20, 2025 Status:Not Started Percent Complete:0% Total Work:0 hours Actual Work:0 hours Owner:Dietrick, Christine From: To: Subject: Date: Attachments: Cohen, Rachel Patino, Mallory FW: Delta Chi Cal Poly Chapter - Appeal Thursday, July 17, 2025 8:48:04 AM 2025-07-11.Final Delta Chi Cal Poly Chapter - Appeal Support Info.pdf Hi Mallory- Just sending this along for your information. Right now we have a tentative date to go to Council on October 21, 2025. Thanks, Rachel Cohen pronouns she/her/hers Principal Planner Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 E rcohen@slocity.org T 805.781.7574 slocity.org Stay connected with the City by signing up for e-notifications From: Tway, Timothea (Timmi) <TTway@slocity.org> Sent: Friday, July 11, 2025 3:56 PM To: Corey, Tyler <tcorey@slocity.org>; Cohen, Rachel <rcohen@slocity.org> Subject: FW: Delta Chi Cal Poly Chapter - Appeal Hi team, Please see what the applicants submitted for the appeal of the Delta Chi CUP item. Thank you, Timmi From: Carol Florence <cmf@oasisassoc.com> Sent: Friday, July 11, 2025 3:31 PM To: Tway, Timothea (Timmi) <TTway@slocity.org> Subject: Delta Chi Cal Poly Chapter - Appeal Dear Timmi, Thank you for the opportunity to provide you with the attached correspondence in support of the appeal. Please see the attached. I had an occasion to express our approach to the City Manager and look forward to working with her, you, your staff, Cal Poly, and my clients toward a resolution. Upon review of the attached, I would appreciate your thoughts. Perhaps, we can talk/meet soon. In the interim, have a lovely, long dog days of summer weekend. Yours, as always, C.M. Florence, AICPPrincipal Planner OASIS ASSOCIATES, INC.3427 Miguelito CourtSan Luis Obispo, CA 93401P: 805.541.4509 I D: 805.548.1561 I M: 805.459.9972 www.oasisassoc.com 3427 Miguelito Court San Luis Obispo, CA 93401 805.541.4509 p 805.546.0525 f www.oasisassoc.com CP 018415 ● RLA 2248 ● CLARB 907 11 July 2025 Honorable Mayor and Members of the City Council CITY OF SAN LUIS OBISPO c/o Ms. Timothea Tway, Community Development Director 990 Palm Street San Luis Obispo, CA 93401 via email - TTway@slocity.org RE: DELTA CHI CAL POLY CHAPTER, 1236 MONTE VISTA PLACE, SLO, CA APPEAL OF PLANNING COMMISSION REVOCATION OF CUP U106-98 Dear Mayor and Council Members, We represent the Delta Chi Cal Poly Chapter (Delta Chi) who, on June, 20, 2025, lodged an appeal to set aside the Planning Commission’s June 11, 2025 decision to revoke their conditional use permit and to alternatively request that the permit to be amended to address community concerns. We appreciate the opportunity to provide a more robust discussion and relevant evidence to support the Council’s decision to uphold the appeal and enable the staff and the fraternity to work collaboratively to amend the conditional use permit. Thank you, in advance, for the consideration. Initially, there are a few high level ideas that we would like you to consider. 1. Partnership, not punishment. Delta Chi are partners in this community. The question isn’t whether there are problems, it’s whether they can be solved collaboratively. 2. Willingness to be accountable. Delta Chi does not want to avoid regulation. They do want clear, achievable, and enforceable conditions that ensure accountability, as they welcome the oversight. As importantly, Delta Chi currently works within their own defined governance framework.1 3. Track record of improvement. Delta Chi has worked systematically to reduce incidents. Over the past two years, documented violations have declined significantly, reflecting their commitment to improvements. While challenges remain, the trend is clear and positive. And finally, 4. S trong institutional support. Delta Chi is in active participation with Cal Poly’s Fraternity & Sorority Life/Leadership & Service/Student Affairs unit to ensure compliance with both the university 2 and City expectations. Context and Community Legacy San Luis Obispo is a proud and continually evolving town-and-gown community, home to decades of shared experiences between Cal Poly students and long-term residents. While these relationships have at times been challenging, they are also deeply rooted and resilient. Delta Chi has been a part 1 Attached is a list of additional reference materials that include descriptions of the local chapter bylaws, local property management, the alumni association, and national fraternity oversight. 2 Attached for ease of reference is the Cal Poly Fraternity & Sorority Life Event Registration Procedure, rev. March 25, 2025 which sets the framework for on and off campus events and is “designed to provide a safe social atmosphere for members of the Greek Community and their guests, while allowing them to exercise the personal responsibility expect of each of them”. OASIS ASSOCIATES, INC. 11 July 2025 DELTA CHI CAL POLY CHAPTER APPEAL Page 2 of 3 3427 Miguelito Court San Luis Obispo, CA 93401 805.541.4509 p 805.546.0525 f www.oasisassoc.com CP 018415 ● RLA 2248 ● CLARB 907 of this fabric for many years, and like many other fraternities and sororities, they operate off- campus due to the absence of a formal Greek Row. Over time, as both the university and the City have grown, the need for clear expectations, communication, and partnership has become increasingly vital. Good-Faith Reliance and Cooperative History Delta Chi has worked with City staff over the years to comply with permit conditions and to address neighborhood concerns in good faith. While they acknowledge there have been issues, particularly with occupancy and noise, they have also taken steps to respond to feedback and implement operational improvements. Delta Chi has relied on the City’s guidance, including direct communication and staff input, to understand expectations and make changes, accordingly. They have invested time and resources in mitigation measures, adjusted management practices, and have consistently sought to be a constructive member of the community. Notably, in this most recent CUP review, the City’s own staff report recommended amending the permit rather than revoking it, indicating a belief that continued operation under improved conditions is both possible and reasonable. Equity and Proportionality Revocation of the CUP at this stage, after years of interaction and reliance on City feedback, imposes a severe and, we believe, disproportionate penalty—particularly in light of staff’s recommendation for amendment. It also undermines the City’s stated goal of collaborative problem-solving with student organizations. While legal doctrines such as equitable estoppel may not strictly apply to municipal decisions, the underlying principles—fairness, reliance, and proportionality—are relevant here. Delta Chi acted in good faith based on the City’s past positions and now face significant hardship due to a sudden change in course. A Call for Constructive Resolution We are not asking the City Council to excuse past shortcomings. Instead, we are asking for a path forward that reflects the complexity of this issue and the opportunity for shared responsibility. The fraternity members, past and present, remain open and committed to working with City staff, neighbors, and university partners to strengthen permit conditions, improve accountability, and preserve Delta Chi’s place in the San Luis Obispo community. Accordingly, we respectfully request that the Council: 1. Uphold this appeal; 2. Reverse the Planning Commission’s decision to revoke the CUP; and 3. Direct staff to pursue amendments to the permit in coordination with Delta Chi.3 We thank the Council for its consideration and for continuing to foster thoughtful dialogue between student organizations and the broader community. On behalf of Delta Chi, the fraternity members remain committed to being part of the solution. 3 The second attachment to this correspondence represents preliminary comments on staff’s previous recommendations to the Planning Commission to amend the original CUP. These are offered to correct the record and as a starting point to thoughtfully amend the permit in light of existing and potential future circumstances. OASIS ASSOCIATES, INC. 11 July 2025 DELTA CHI CAL POLY CHAPTER APPEAL Page 3 of 3 3427 Miguelito Court San Luis Obispo, CA 93401 805.541.4509 p 805.546.0525 f www.oasisassoc.com CP 018415 ● RLA 2248 ● CLARB 907 Respectfully submitted, OASIS ASSOCIATES, INC. C.M. Florence, AICP Agent DELTA CHI CAL POLY CHAPTER Attachments – • 1 – List of Delta Chi Cal Poly Chapter’s Existing Internal Governance Framework • 2 – Event Registration Procedure, Cal Poly Fraternity & Sorority Life, March 2025 • 3 – Draft Comments to SLO Planning Commission Resolution no. XXX-25 cc: C. Green C. Nielsen E. Moffitt S. Pollock M. Holliday Delta Chi Members + Alumni 25-0053 ATTACHMENT 1 List of Delta Chi Cal Poly Chapter’s Existing Internal Governance Framework 11 July 2025 Local Chapter Bylaws and Governance The Cal Poly Chapter of Delta Chi operates under a formal set of local bylaws adopted by its membership. These bylaws govern the operations of the chapter, including leadership elections, financial procedures, conduct expectations, and adherence to university and national standards. They serve as a constitutionally binding document that ensures internal accountability, democratic leadership succession, and operational continuity from year to year. In addition, Delta Chi has adopted a Risk Management Plan that includes the following items: emergency contact list; event planning; harm reduction; code of conduct; crisis management; and fire safety. Local Housing Corporation Oversight Delta Chi’s physical property, located at 1236 Monte Vista Place, San Luis Obispo, CA, is managed by a dedicated local housing corporation. This entity, typically composed of alumni volunteers, is responsible for property maintenance, safety compliance, and financial oversight of the facility, in conjunction with our landlord. The housing corporation plays a critical role in ensuring that the chapter property is managed responsibly and that the property is safe and livable, in cooperation with the property owner, regardless of the changing undergraduate leadership. Active Alumni Association Involvement Delta Chi Cal Poly maintains an active alumni association that provides mentorship, guidance, and institutional memory. The alumni are deeply involved in supporting the chapter’s educational programs, leadership development, and operations, and frequently assist with transitional planning, risk management, and disciplinary concerns. This alumni network provides consistent intergenerational support and ensures continuity through leadership transitions. National Fraternity Oversight and Support As a chapter of the Delta Chi Fraternity, Inc., a nationally recognized fraternity established in 1890, the Cal Poly Chapter benefits from oversight and resources provided by the national headquarters. The national organization provides training, operational audits, risk management programs, leadership education, and crisis response protocols. They also ensure that all local chapters remain in good standing with respect to national policies and standards. In the event of a local leadership issue or disruption, the national fraternity has the capacity and authority to intervene and help restore structure and compliance. Revised March 2025 EVENT REGISTRATION PROCEDURE All members of Cal Poly-affiliated fraternities and sororities, and the Interfraternity Council, the Panhellenic Council, and the United Sorority & Fraternity Council at Cal Poly (collectively the “Fraternity and Sorority Community”), shall abide by all University policies and federal, state, and local laws and regulations, including those that govern the use, distribution, and consumption of alcohol. This Event Registration Procedure sets forth procedures designed to provide a safe social atmosphere for members of the Greek Community and their guests, while allowing them to exercise the personal responsibility expected of each of them. The following objectives are essential to achieving this aim: •To encourage social responsibility in all members, with emphasis on safety and risk management; •To encourage responsibility in the use of alcohol and thereby reduce the risks associated with alcohol misuse at parties; •To increase the safety of everyone in attendance at chapter -sponsored events with and without alcohol; •To support the ideals and values on which fraternities and sororities are founded; •To practice self-governance as a Fraternity and Sorority Life Community; •To educate the general membership of the Fraternity and Sorority Life community about the importance of risk management. 1 The University does not accept legal liability for the activities engaged in by fraternities and sororities, and their members. ATTACHMENT 2 Revised March 2025 Table of Contents Article I - What defines an event? Article II - Legal Article III - Events with Alcohol Present Article IV - Events without Alcohol Present Article V - Locations Article VI - Registration Process Article VII - Judicial Article VIII - Amnesty Article IX - Procedure Revision Revised March 2025 Article I - What defines an event? A. An “event” for the purposes of this document is any activity sponsored or endorsed by the organization/chapter including those that occur on and off chapter premises. Article II – Legal A. Any event as defined above must be compliant with all applicable laws, including but not limited to the below requirements: a. The organization, members and guests must comply with all federal, state, and local laws. No person under the legal drinking age my possess, consume, provide or be provided alcoholic beverages b. Organizations, members and guests must follow the federal law regarding illegal drugs and controlled substances. No persons may possess, use, provide, distribute, sell and or manufacture illegal drugs or other controlled substances while on organizational/ chapter premises or at any activity or event which is sponsored or endorsed by the chapter B. Laws local to San Luis Obispo are also enforced with events. The following is provided for convenience only and is not all-inclusive. Laws may change and it is up to the chapter to be aware of all applicable laws. Some relevant laws include: a. Noise Ordinance i. 7 A.M. to 10 P.M.: Noise that can be heard 50 feet from the source is a violation ii. 10 P.M. to 7 A.M.: Noise that can be heard across the property line is a violation b. Safety Enhancement Zones i. Fines are doubled for the following violations: 1. Noise 2. Unruly Gathering 3. Social Host Liability 4. Public Urination 5. Open Container ii. Designated times for Safety Enhancement Zones may vary, but typically occur during: 1. Mardi Gras (Thursday - Wednesday) 2. St. Patrick’s Day 3. Halloween Revised March 2025 4. “WOW’ Week Article III – Events with Alcohol Present A. Guest Lists and Sober Monitors a. Any event where alcohol is present is required to be a closed event, with guest lists submitted to the FSL office by the deadline (see Article VI) b. Attendance by non-members at any event where alcohol is present must be by invitation only by the organization. Chapters must utilize the guest list template provided by the FSL Office. Attendance at events where alcohol is present is limited to a guest-to-member ratio of 2:1 and must not exceed local fire or building code capacity of the organizational/chapter premises or host venue. c. Any event with alcohol present is also required to have sober monitors present, with quantity based on the number of guests in attendance. i. Three sober monitors (including one from the Executive committee or equivalent) are required at a minimum. ii. For every 40 guests invited to the event, another sober monitor will be required iii. First year members who have been in the chapter for at least one quarter and are initiated members, can serve as sober monitors if the following is in place: 1. Required attendance at one of the annual Social Risk Management workshops hosted the FSL office PRIOR to becoming eligible to serve as a sober monitor 2. Procedures in place attached to the risk management plan, that supports first year students during the event, should conflict arise 3. No more than 30 percent of sober monitors can be first year members B. Any event where alcohol is present can only occur from a. 5:00pm on Thursday until 1:00am on Friday, when Friday is an academic holiday b. 5:00pm on Friday until 1:00am on Saturday c. 9:00am on Saturday until 1:00am on Sunday d. 9:00am on Sunday until 1:00am on Monday, when Monday is an academic holiday C. Events with alcohol cannot occur until after the formal recruitment period is over (during quarters where there is a formal recruitment period) unless at a third - party venue and the event is closed with no potential new members in attendance and follows all event registration guidelines. D. Events with alcohol are prohibited from lasting longer than five hours continuously E. Sources of Alcohol a. Alcoholic beverages must either be: Revised March 2025 i. Provided and sold by a licensed and insured third-party vendor, e.g., restaurant, bar, caterer, etc.) or ii. Brought by the individual members and guests through a bring your own beverage system. b. Common sources of alcohol, including bulk quantities, which are not being served by a licensed and insured third-party vendor, are prohibited (i.e. amounts of alcohol greater than what a reasonable person should consume over the duration of the event) c. The presence of alcohol products above 15% alcohol by volume (ABV) is prohibited on any organizational/chapter premises or at any event, except when served at an event by a licensed and insured third party vendor. d. Alcoholic beverages must not be purchased with organizational/chapter funds or funds pooled by members or guests (e.g., admission fees, cover fees, collecting funds through digital apps, etc.) F. Bring Your Own Beverage a. Only those of legal drinking age in California may bring and consume alcohol b. Permitted alcohol can only be made available in central common living areas managed by sober monitors designated by the host chapter c. Individuals of legal drinking age may bring beer totaling no more than 72 ounces (equivalent to a six pack of 12 oz beers) or one bottle (750 ml) of wine to the event G. Drinking Games a. No shots, drinking games, or other activities that encourage inappropriate or other rapid consumption or high-risk drinking behaviors shall be allowed. i. The definition of drinking games includes but is not limited to the consumption of shots of alcohol, liquor or alcoholic beverages; the practice of consuming shots equating to one’s age;” beer pong,” “century club,” “beer die”,” dares;” or any other activity involving the consumption of alcohol which involves duress or encouragement related to the consumption of alcohol. H. Consent Talks a. All events with alcohol are required to have a Consent Talk after 30 minutes and no later than 1 hour of the event starting. The Consent Talk will be provided by the chapter’s Violence Prevention Chair (or a designated individual in the case that the Violence Prevention Chair isn’t present) and will be given to all participants at the event. If this is an exchange between two Revised March 2025 FSL organizations, both Violence Prevention Chairs should co-present the information. An example of the Consent Talk is below: “Hi everyone, my name is _____ and I am the Violence Prevention Chair for (insert chapter here). We want everyone to have a great time tonight and feel safe & respected! I am going to give a brief consent talk before we continue with the rest of the night! Remember: 1. Consent is freely given: consent can only be given without coercion, force, threats, or intimidation. It cannot be given by someone who is incapacitated, including due to drugs, alcohol, or medication. 2. Consent is reversible: you can change your mind about anything at any time during sex. 3. Consent is informed: you must know what you are consenting to in order to give consent. 4. Consent is enthusiastic: when it comes to sex you should want to have it. 5. Consent is specific: saying yes to one thing, like making out, does not mean saying yes to everything, like having sex. [Add in values of chapter here, e.g. “we are men /women of high integrity”] If you are interested in hooking up with someone tonight, check in with them and make sure to respect whatever answer they give you. If you see someone crossing a line, making others feel uncomfortable or someone in a vulnerable position, please come up t o me or [insert the name of Chapter President or Risk Manager, whoever is comfortable] if you need absolutely anything at all, we will be at the door (or wherever you stand)! Thank you and have fun!” I. Registration a. Events with alcohol are required to be registered with the FSL office prior to their occurrence and with documents submitted prior to the required deadlines (further outlined in Article VI) Article IV – Events without Alcohol Present A. Guest Lists and Sober Monitors a. Guest lists and sober monitors are not required for events where alcohol is not present, but are encouraged B. Registration Revised March 2025 a. Events without alcohol are required to be registered with the FSL office prior to their occurrence and with documents submitted prior to the required deadlines (further outlined in Article VI) Article V – Locations A. All off-campus events with alcohol must be held at a residence, including a chapter facility, or at a venue under third party management that is not legally associated with the chapter in any capacity (“third-party venue”). B. For all events with alcohol that are located at a third-party venue, a copy of the contract with the chapter and event management company or third -party venue must be submitted with the party registration. Article VI – Registration Process A. The process of online events with alcohol registration must begin at least 10 days before the date of the event. B. Deadlines for completion of registration are every Thursday by 12:00 pm, the weekend of the event. C. A final follow up guest list must be submitted by 12:00 noon Monday following the event with alcohol, with the full names of all attendees and birthdates of all guests who received wristbands for alcohol consumption. a. No future events with alcohol will be reviewed until this requirement is fulfilled D. The chapter’s risk manager must complete a post -event review, which is to be submitted to Cal Poly Fraternity and Sorority Life by 12:00 noon the Wednesday following the event with alcohol. All sober monitors and sober executive members will contribute to this review. For events with alcohol where there may be more than one chapter acting as the event host, each chapter must complete a post- event form. a. No future events with alcohol will be reviewed until this requirement is fulfilled E. Failure to follow these requirements may subject the chapter and/or its individual members to student discipline. Article VII – Judicial A. Failure to follow these procedures will be reviewed by the Office of Student Rights & Responsibilities (OSRR) and may be subject to sanctions. Revised March 2025 B. It is recognized that this procedure cannot address, in specific fashion, all possible social situations that may occur. When this procedure is not specific on a particular point, the Interfraternity Council, Panhellenic Council, and United Sorority & Fraternity Council chapters and their members are expected to conduct their events and themselves in the spirit of social responsibility expressed in this procedure. C. Council judicial boards can also adjudicate if deemed necessary by the OSRR. Article VIII – Amnesty A. The university’s primary concern is for the health, welfare, and safety of all students. As such, in cases of significant intoxication as a result of alcohol or other substances, the university encourages students to seek medical assistance for themselves and/or others. Any student who assists in seeking medical attention for a person in need will not be subject to disciplinary action for conduct in violation of this policy. Article IX – Procedure Revision A. This procedure may be revised at any time by the Fraternity & Sorority Life office, OSRR and Dean of Students. B. This procedure will be reviewed during summer quarter, or at the discretion of the Dean of Students staff, and any revisions will be sent to members of fraternities and sororities immediately and will be effective the first day of the following fall quarter. C. In the event of a mid-academic year review, any revisions will be sent to members of fraternities and sororities immediately upon implementation. ATTACHMENT 3 DRAFT Comments to SLO Planning Commission Resolution No. XXX-25 Amending CUP 5230-98 – Proposed Conditions of Approval (USE-0332-2025) 11 July 2025 The following are a few of the Community Development Department staff proposed conditions of approval, along with our comments, offered as examples of areas that warrant additional consideration and collaboration between the Delta Chi fraternity and the City of San Luis Obispo. We recognize that there may at times be differences of opinion regarding the best way to address certain issues, but there remains a shared goal and objective: to craft clear, reasonable, and enforceable conditions that support the fraternity’s continued operation in a manner that is safe, responsible, and compatible with the surrounding community. Through thoughtful dialogue and partnership, we believe these conditions can be refined to achieve that balance. C ondition of Approval 2. The Conditional Use Permit shall be reviewed by the Planning Commission as soon as practical if conduct on the permitted premises results in three (3) citations within any 12-month period for a violation of law or permit condition that (a) are not contested or are upheld on appeal, and (b) the conduct for which the citations were issued resulted in adverse impacts to, or complaints from, residents or occupants of the surrounding neighborhood. At the time of the Conditional Use Permit review, to ensure ongoing compatibility with nearby uses, conditions of approval may be added, modified, and/or removed, or the Conditional Use Permit may be revoked. The City shall notify Cal Poly if the Use Permit is revoked. A re-review by the Planning Commission shall be accompanied by the appropriate fee. COMMENT: (a clarification for the record) Delta Chi had received three (3) "violations" in the past twelve 12 months, although one was successfully appealed by the time of the May 28, 2025 Planning Commission hearing. This is an important clarification, as the condition of approval wording clearly states that the permit can be up for review if three (3) (emphasis added) citations are received within a twelve (12) months period and (again, emphasis added) the conduct for which the citations were issued resulted in adverse impacts to, or complaints from, residents or occupants of the surrounding neighborhood. While nuanced, this distinction may have prevented the Planning Commission’s revocation decision. C onditional of Approval 4. Routine meetings and gatherings for the fraternity shall be limited to a maximum of 54 people (rounded down from 54.45 = 36.3 people x 1.5), except as otherwise approved by the Community Development Director for special events. If the fraternity hosts special events involving more than 54 people, a transportation management plan to reduce impacts to the surrounding neighborhood shall be submitted to the Community Development Department, at least 30 days prior to the event taking place, for review and approval. No exception from the Noise Ordinance shall be approved by the Director as Part of the special event. Presence of more than 54 people at the property without valid approval from the Community Development Director shall be considered a violation of this Conditional Use Permit. COMMENT: We believe that the focus should not be on the quantity of the people on the property, but on the impact of the gathering on the community, as regulated by objective standards, such as MC Title 9 Chapter 9.12 Noise Control, Chapter 9.13 Unruly gatherings, and Chapter 9.22 Safety Enhancement Zones. Attachment 3 Page 2 of 2 Interestingly, we agree with the City’s response to the recent Grand Jury report regarding standard conditions, "Setting constraints like a uniform set of conditions on the exercise of discretion diminishes the usefulness of the review process to address specific needs over time or for unique circumstances that may exist at specific properties or with particular groups or organizations." Creating a CUP with a custom set of conditions of approval for each fraternity would recognize the differences in the size of the property, number of building occupants allowed, number of parking spaces, and even its location, such as the proximity to Cal Poly. Currently, the one-size-fits-all calculation takes none of the aforementioned into consideration. An example of the need for more customized conditions of approval is found in the revised COA no. 4, that limits the maximum number of residents to thirty five (35) people living on the property, while limiting the maximum number of routine meetings and gatherings to 1.5 times the number of residents or fifty-four (54) people. This is unrealistic and flawed, as there is no consideration of the very site and fraternity specific aspects. For the sake of comparison, and to underscore the need to eliminate the “one size fits all” CUP conditions of approval, the 1.5 formula has been used for other fraternity CUPs, e.g., 2024 Lamda Chi and the 2021 Delta Gamma. Unfortunately, the calculation does not factor in the number of residents, interior building square footage (SF), parking and alternative modes of transportation, both on- and off-site. For example, • Delta Chi accommodates 370 SF per resident, which is higher ratio than Lambda Chi's 240 SF per resident. • Delta Chi has far more residents than Delta Gamma – where they have six (6) residents Delta Chi has thirty five (35) residents. • The Alpha Gamma Delta 2016 CUP was calculated at 2.1 times their residents. • Delta Chi maintains thirty two (32) parking spaces, a fair amount greater than other fraternities, and because of the proximity to the Cal Poly campus, there is no less than forty (40) additional and available parking spaces on campus within 200 feet of the Delta Chi property. In closing, it is essential to move beyond a “one size fits all” approach to fraternity conditional use permit conditions of approval and instead adopt a framework that is tailored to the specific circumstances of each house and organization. This does not diminish the City’s discretionary authority over permit review and approval; rather, it acknowledges that each fraternity operates within its own context, with unique physical constraints, membership structures, and operational goals. By crafting site- and fraternity-specific conditions, the City can more effectively ensure lasting compatibility with surrounding neighborhoods, encourage accountability, and support solutions that are practical, enforceable, and responsive to genuine community concerns. From: To: Subject: Date: Attachments: Cohen, Rachel Patino, Mallory FW: Delta Chi Cal Poly Chapter - Appeal Tuesday, July 22, 2025 4:59:00 PM 2025-07-11.Final Delta Chi Cal Poly Chapter - Appeal Support Info.pdf FYI Rachel Cohen pronouns she/her/hers Principal Planner Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 E rcohen@slocity.org T 805.781.7574 slocity.org Stay connected with the City by signing up for e-notifications From: Tway, Timothea (Timmi) <TTway@slocity.org> Sent: Friday, July 11, 2025 3:56 PM To: Corey, Tyler <tcorey@slocity.org>; Cohen, Rachel <rcohen@slocity.org> Subject: FW: Delta Chi Cal Poly Chapter - Appeal Hi team, Please see what the applicants submitted for the appeal of the Delta Chi CUP item. Thank you, Timmi From: Carol Florence <cmf@oasisassoc.com> Sent: Friday, July 11, 2025 3:31 PM To: Tway, Timothea (Timmi) <TTway@slocity.org> Subject: Delta Chi Cal Poly Chapter - Appeal Dear Timmi, Thank you for the opportunity to provide you with the attached correspondence in support of the appeal. Please see the attached. I had an occasion to express our approach to the City Manager and look forward to working with her, you, your staff, Cal Poly, and my clients toward a resolution. Upon review of the attached, I would appreciate your thoughts. Perhaps, we can talk/meet soon. In the interim, have a lovely, long dog days of summer weekend. Yours, as always, C.M. Florence, AICPPrincipal Planner OASIS ASSOCIATES, INC.3427 Miguelito CourtSan Luis Obispo, CA 93401P: 805.541.4509 I D: 805.548.1561 I M: 805.459.9972 www.oasisassoc.com From:Tway, Timothea (Timmi) To:Mezzapesa, John; Salem, Rami; Sheats, Steven Subject:FW: list Date:Tuesday, August 19, 2025 2:36:00 PM Attachments:PPF Spillman List.pdf Hi team, Can you please cross reference the list attached and let me know which have valid CUPs? If you can do this sooner that would be great, we have a meeting with Council on Wednesday, so if this can be done by tomorrow that would be appreciated. Timmi From: Scott, Rick <rscott@slocity.org> Sent: Tuesday, August 19, 2025 1:57 PM To: Tway, Timothea (Timmi) <TTway@slocity.org> Subject: FW: list Timmi, Could you verify the CUP information for Whitney based on this list? Thank you, Rick From: Amoroso, Brian <bamoroso@slocity.org> Sent: Tuesday, August 19, 2025 1:51 PM To: Scott, Rick <rscott@slocity.org> Subject: FW: list This list came from Spillman, so Code Enforcement may have something more accurate. From: McGhee, Ethan <emcghee@slocity.org> Sent: Tuesday, August 19, 2025 10:54 AM To: Wallace, Christine <cwallace@slocity.org>; Amoroso, Brian <bamoroso@slocity.org> Subject: RE: list Thanks for the fast response Christine, CDD owes me a favor so I’ll go bug them for a response. Brian – was Chief’s intention to have all main/satellite houses for fraternities and sororities on the map? From: Wallace, Christine <cwallace@slocity.org> Sent: Tuesday, August 19, 2025 10:45 AM To: McGhee, Ethan <emcghee@slocity.org> Subject: list Hi Ethan, I’m sorry, unsure of the delay with CDD response. Here’s my list that I have in Spillman that are a combo of sorority houses, fraternity houses and satellite houses. I don’t know exactly who has a CUP at this point. Christine Wallace Police Public Affairs Manager Police Department 1042 Walnut Street, San Luis Obispo, CA 93401-2729 E cwallace@slocity.org T 805.781.7186 slocity.org Stay connected with the City by signing up for e-notifications This e-mail, and any files transmitted with it, are intended only for the person or entity to which it is addressed and may contain confidential, protected, and/or privileged material. Any review, re-transmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient, is prohibited. If you received this in error, please contact the sender and delete the material from any computer. 08/19/25 San Luis Obispo Police Department 919 10:43 Premises Information Table Page: 1 PARTY REG: Common name Pre Descr ------------------------------ --- ----- ------------------------------------ PPF 12 HATHWAY PPF SAT PPF 123 CRANDALL PPF PD ALPHA PHI PPF 1236 MONTE VISTA DELTA CHI PPF KL SIDE OF ENTRY TO LAUNDRY ROOM, CENTE PPF 1241 MONTE VISTA PPF SAT PPF 1243 MONTE VISTA PPF PPF 1249 MONTE VISTA PPF PPF 1251 MONTE VISTA PPF PPF 1264 FOOTHILL PPF PD CURRENTLY OCCUPIED BY LAMDA CHI ALPH PPF 1264 FOOTHILL #1/2 PPF SAT PPF 1290 FOOTHILL ALPHA PHI PPF PPF 1292 FOOTHILL LAMBDA CHI PPF PD LAMBDA CHI ALPHA PPF 1304 FOOTHILL PPF PPF 132 CALIFORNIA AGR PPF PPF 1326 HIGUERA PPF PPF 1327 FOOTHILL PPF SAT PPF 1328 FOOTHILL #A PPF PPF 1328 FOOTHILL #B PPF PPF 1328 FOOTHILL #C PPF PPF 1328 FOOTHILL DELTA GAMMA PPF PPF 1335 FOOTHILL PHI KAPPA PS PPF PPF 135 CRANDALL PPF SAT PPF 137 CRANDALL PPF PD ALPHA PHI PPF 1441 SLACK PPF SAT PPF 1464 FOOTHILL ALPHA CHI OM PPF PPF 1632 FREDERICKS PPF SAT PPF 1688 MILL PPF SAT PPF 180 CALIFORNIA KAPPA ALPH PPF PPF 1820 HOPE PPF SAT PPF 190 CRANDALL PPF PPF 190 STENNER AOPI PPF PPF 1928 GARFIELD PPF SAT PPF 2090 HAYS PPF SAT PPF 248 GRAND PPF SAT PPF 250 GRAND PPF SAT PPF 260 CHAPLIN PPF SAT PPF 280 CALIFORNIA PPF PPF 281 ALBERT PPF SAT PPF 323 GRAND PPF SAT PPF 348 HATHWAY PPF SAT PHI SIGMA KAPPA PPF 385 CHAPLIN PPF SAT PPF 388 CHAPLIN PPF SAT PPF 395 GRAND PPF SAT PPF 615 GRAND PPF PPF 654 GRAVES ZETA BETA PPF PPF 658 GRAVES PPF SAT ZBT PPF 700 GRAND CHI OMEGA PPF PPF 720 FOOTHILL DELTA UPSILON PPF PPF 726 FOOTHILL;720-726 PPF = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = From:Patino, Mallory To:Cohen, Rachel Subject:APPL-0665-2025, Delta Chi fraternity appeal of USE-0136-2025 draft document Date:Tuesday, September 9, 2025 2:21:17 PM Hi Rachel, Here is the draft City Council agenda report for the appeal report. Folder: APPL-0665-2025 (1236 Monte Vista Pl) - Delta Chi CUP Revocation Appeal Draft report: APPL-0665-2025_Staff Report for Appeal of USE-0332-2025_10.21.25 [DRAFT].docx Thanks, Mallory Patino pronouns she/her/hers Assistant Planner Community Development 919 Palm St, San Luis Obispo, CA 93401-3218 E mpatino@slocity.org slocity.org Stay connected with the City by signing up for e-notifications From:Patino, Mallory To:Tway, Timothea (Timmi); Corey, Tyler Cc:Cohen, Rachel Subject:RE: Staff reports for 10/21 Date:Thursday, September 18, 2025 9:29:15 AM Hi Tyler and Timmi, Here is a link to the working draft of the staff report: APPL-0665-2025_Staff Report for Appeal of USE-0332-2025_10.21.25 [DRAFT].docx The folder I’m using for the project: APPL-0665-2025 (1236 Monte Vista Pl) - Delta Chi CUP Revocation Appeal The applicant submitted materials are in this folder: Appellant Submittals We received additional information from the fraternity alumni representative at the end of last week (email, word doc, and pdf’d version of that word doc), which is saved in the appellant materials folder. I will be working on edits and to incorporate responses to the new submittal as needed into the document today and tomorrow. The recent submittal provided suggestions for edits to or additional conditions that might be added to the CUP, and it seems they are trying to address PC’s finding that the use as a fraternity will be detrimental to the health, safety, and welfare of persons living or working at the site or in the vicinity. I’ll work with Rachel on how to address the new submittal. I’ll be adding the draft resolution(s) to the project folder as well. Let me know if you have any questions. Thanks, Mallory Patino pronouns she/her/hers Assistant Planner Community Development 919 Palm St, San Luis Obispo, CA 93401-3218 E mpatino@slocity.org slocity.org Stay connected with the City by signing up for e-notifications From: Corey, Tyler <tcorey@slocity.org> Sent: Thursday, September 18, 2025 8:29 AM To: Cohen, Rachel <rcohen@slocity.org>; Patino, Mallory <mpatino@slocity.org> Subject: FW: Staff reports for 10/21 Please send Timmi a link to your draft CARs for 10/21. Thanks From: Tway, Timothea (Timmi) <TTway@slocity.org> Sent: Wednesday, September 17, 2025 4:20 PM To: Corey, Tyler <tcorey@slocity.org> Subject: Staff reports for 10/21 Hi, I would love to see the staff reports (or at least have access to them as they are being edited so I can take an early look) for the CUP revocation item and the zone text amendment item by next Thursday (they are due for routing in escribe the next Monday). I am more concerned about seeing the CUP item early. Thanks, Timothea (Timmi) Tway Director of Community Development Community Development 919 Palm, San Luis Obispo, CA 93401-3249 E TTway@slocity.org T 805.781.7187 slocity.org Stay connected with the City by signing up for e-notifications From:Tway, Timothea (Timmi) To:Patino, Mallory; Cohen, Rachel Subject:FW: Delta Chi Fraternity - Appeal of the PC Decision Date:Monday, September 22, 2025 8:34:45 AM Attachments:Proposed Revisions to the Delta Chi CUP Conditions Annotated with Reasoning and Alternative Support for Findings.docx Please see attached and include as an attachment to the report. If there is time to address what they have written in the report please also do so. Thanks, Timmi From: Christopher Nielsen < Sent: Monday, September 22, 2025 5:56 AM To: Tway, Timothea (Timmi) <TTway@slocity.org> Cc: Gannon Depetris <president.cpdeltachi@gmail.com> Subject: Re: Delta Chi Fraternity - Appeal of the PC Decision Director Tway, Thank you for the time on Thursday. Following up on our conversation, I have added annotations for each of the revised CUP conditions along with some narrative why these changed conditions support the city council making the required findings should they decide to approve the CUP on appeal. Thank you for your consideration. Chris -- Christopher Nielsen On Thu, Sep 18, 2025 at 10:21 AM Christopher Nielsen < > wrote: Thank you Director Tway, here is the link: Chris Nielsen is inviting you to a scheduled Zoom meeting. Topic: Chris Nielsen's Zoom Meeting Time: Sep 18, 2025 04:00 PM Pacific Time (US and Canada) Join Zoom Meeting Join instructions https://us06web.zoom.us/meetings/84336697912/invitations? signature=cdTBpBIjXzURsVEm5smE5rzHAgWni4dPyCVrCrIJ9kA -- Christopher Nielsen On Thu, Sep 18, 2025 at 9:48 AM Tway, Timothea (Timmi) <TTway@slocity.org> wrote: Yes please send link. Happy to have anyone join, Thanks, Timmi From: Christopher Nielsen < Sent: Thursday, September 18, 2025 9:37 AM To: Tway, Timothea (Timmi) <TTway@slocity.org> Cc: Gannon Depetris <president.cpdeltachi@gmail.com> Subject: Re: Delta Chi Fraternity - Appeal of the PC Decision 4pm today virtually would be great. Would you like me to send you a zoom link? Do you mind if I bring our president and maybe one other local alumnus? Thank you, Chris -- Christopher Nielsen On Thu, Sep 18, 2025 at 9:33 AM Tway, Timothea (Timmi) <TTway@slocity.org> wrote: Hi Christopher, Thank you for the email. I have limited availability – but I could talk virtually today at 4 if you are available. Please let me know, Timmi Sent: Thursday, September 18, 2025 9:28 AM To: Tway, Timothea (Timmi) <TTway@slocity.org> Cc: Gannon Depetris < > Subject: Re: Delta Chi Fraternity - Appeal of the PC Decision Director Tway, I appreciate the work of you, the City Manager, and the Planning Department team on neighborhood livability. The entire city council also had very thoughtful comments. Following up on the note from Carol and the Conversation the other night at the City Council Meeting, would you be willing to discuss this issue sometime in the next week or so? I would be happy to have our President Chris Green come to you in person. I would likely need to be remote as I live in Sacramento, but if you feel it is better I come in person, I would be happy to arrange that. Chris -- Christopher Nielsen On Tue, Sep 2, 2025 at 2:13 PM Carol Florence <cmf@oasisassoc.com> wrote: Dear Community Development Director Tway, I regret to inform you that our firm no longer represents the Delta Chi fraternity. Please contact the following personnel with any future communications. 1. Christopher Nielsen – Alumni (M) 2. Chris Green – 2025 President president.cpdeltachi@gmail.com ( (M) Thank you for the accommodation. Yours respectfully, C.M. Florence, AICPPrincipal Planner OASIS ASSOCIATES, INC.3427 Miguelito CourtSan Luis Obispo, CA 93401P: 805.541.4509 I D: 805.548.1561 I M: 805.459.9972 www.oasisassoc.com 1 Proposed Revisions to the Delta Chi CUP Conditions and Alternative Support for Findings (Note: Page 7 outlines how these revisions support the required finding the Council will need to approve for the De Novo Appeal) Proposed Revisions with Annotations: SECTION 3. Action. The Planning Commission hereby approves the Conditional Use Permit to allow the continuation of the fraternity (USE-0332-2025), based on the following revised conditions: Planning Division – Community Development Department 1. The Conditional Use Permit shall be reviewed by the Community Development Director for compliance with the conditions of approval, or to determine whether a modification of the Conditional Use Permit is necessary upon significant change to the project as represented in the Staff Report dated May 28, 2025, or in the event of a change in ownership which may result in deviation from the project description or approved plans. 2. The Conditional Use Permit shall be reviewed by the Planning Commission as soon as practical if conduct on the permitted premises results in three (3) citations within any 12-month period for a violation of law or permit condition that (a) are not contested or are upheld on appeal, and (b) the conduct for which the citations were issued resulted in adverse impacts to, or complaints from, residents or occupants of the surrounding neighborhood. If there are two (2) citations within any 12-month period for a violation of law or permit condition that meet conditions (a) and (b) above, the fraternity shall submit a plan on how they will prevent future an additional violation of law or permit condition that meet conditions (a) and (b). At the time of the Conditional Use Permit review, to ensure ongoing compatibility with nearby uses, conditions of approval may be added, modified, and/or removed, or the Conditional Use Permit may be revoked. The City shall notify Cal Poly if the Use Permit is revoked. A re review by the Planning Commission shall be accompanied by the appropriate fee. NARRATIVE: This revision is to help correct the action before it hits three revisions and requires re- review which expends staff time and room on agendas. By incorporating an action plan to resolve 2 violations, it will help ensure that if there are any violations. 3. The fraternity shall be limited to a maximum of 35 residents for the property, averaging 370 sq ft per resident above the 60 sq ft minimum in 17.86.130,. The property owner shall allow the City to verify the maximum occupancy by allowing an inspection of records or visual inspection of the premises. Any inspection shall 2 be scheduled at a reasonable time with at least 24-hour notice to the residents. NARRATIVE: See condition 4 reasoning. 4. Routine meetings and gatherings for the fraternity shall be limited to a maximum of 1 guest per 90 square feet of living space, 1.5 times the minimum occupancy requirements of 60 square feet per resident outlined in 17.86.130 , except as otherwise approved by the Community Development Director for special events submitted to the Community Development Director as part of their annual event plan. The annual event plan shall include planned events on the property beyond routine meetings and gatherings which would cover social, philanthropy, alumni, parents and recruitment events. The plan shall be reviewed, approved or denied within 30 days. After approving the plan, the fraternity shall provide any changes and updates to the plan as soon as practicable. As part of that annual event plan, the fraternity shall provide , a transportation management plan for events beyond routine meetings and gatherings to reduce impacts to the surrounding neighborhood shall be submitted to the Community Development Departmentfor review and approval. No exception from the Noise Ordinance shall be approved by the Director as Part of the special event. Presence of more than 1 guest per 90 sqft of living space at the property without valid approval from the Community Development Director shall be considered a violation of this Conditional Use Permit. NARRATIVE: Occupancy: This revision is intended to provide a more objective standard to help determine the appropriate amount of total occupants on a property at one time. As it has been noted in the Staff Report and the City Response to the Grand Jury Report that each property is unique, but applying consistent rules are crucial. This 90 Sqft minimum for a residents for total occupants aligns with the 1.5x rule of the residents of a property, but allows it align with the concrete 60 sqft minimum in SLO Code 17.86.130 for fraternity and sorority housing. Using a per square foot standard also takes into account the uniqueness of each property, which the city has cited as necessity to plan for the unique circumstances that may exist at specific properties or with particular groups or organizations. The property at 1236 Monte Vista Place is designated R-4 and averages 370 sqft per resident, 54% higher than the recent Lambda Chi CUP sqft per resident and 110% higher than the recent Delta Gama CUP sqft per resident. Event Plans: Providing a single event plan that outlines the events the Fraternity plans to host at the organization during the summer planning period allows for the Fraternity to plan appropriate for annual events and time to work out any issues with the city regarding those planned events for the upcoming academic year. Consolidating the event planning 3 submittals to the city into a single plan helps reduce staff time for the city and concentrates it during the summer period where the schedule is reduced. This modified condition also recognizes that things change, so it requires the fraternity to also continue to communicate any changes to the annual event plan to the community development director. 5. The fraternity shall remain affiliated and in good standing with the Interfraternity Council of Student Life and Leadership at California Polytechnic University, San Luis Obispo. If the fraternity becomes unaffiliated or is no longer in good standing, the Conditional Use Permit shall be automatically revoked. 6. The fraternity shall provide the name and contact information (i.e., phone number and email address) of all responsible parties to the Community Development Department and Neighborhood Services Manager of the Police Department on an annual basis. The fraternity shall provide the name and contact information (i.e., phone number and email address) of the President of the Alumni board of Trustees and the President of the Housing Corporation to the Community Development Department and Neighborhood Services Manager of the Police Department on an annual basis. If there is a change to the name and/or contact information of any responsible parties, the Community Development Department and Neighborhood Services Manager shall be notified immediately. The “responsible parties” are those that cause, maintain, allow, or are otherwise responsible for actions regulated by this Use Permit, or those that have an ownership interest in the real property. NARRATIVE: The Fraternity heard from the Planning Commission that they were concerned the student organization was not aware of the requirements of the CUP, and they were frustrated by a lack of continual oversight. We also heard in recent planning commission and council meetings that with students transitioning every year and normal students not remaining more than 4-5 years, it is crucial the alumni organizations advising the Fraternity on organizational and property matters maintain good communication with the city. Requiring this contact information to the city and updating it on an annual basis aims to address those concerns. 7. The Fraternity shall have an annual education program for the fraternity about the existence and requirements of the Conditional Use Permit. 8. The fraternity shall create a good neighbor management plan to reduce impacts to the surrounding neighborhood shall be submitted to the Community Development Department, at least 30 days before the commencing of the fall academic period. NARRATIVE: The planning commission express concerns that there needs to better community outreach and collaboration to make sure the neighborhood is a good place to live for all. At recent city council meetings, the Mayor rightfully noted that neighborhoods should be good places to live whether residents are living here a year, 4 years or 40 years. In response to all those concerns, the fraternity wants to be a positive proactive partner in the community, and plans to implement a good neighbor management plan to facilitate 4 communication with our long term and student neighbors. This plan would go beyond just pre-notification before events, but to facilitate open communication on neighborhood issues including cleanliness, service events and parking. 9. The Fraternity shall have a community service program with no less than three community service events a year benefiting the community of San Luis Obispo. NARRATIVE: The Planning Commission and City Council wants to ensure we improve neighborhood livability. As a fraternity, we already pride ourselves on a strong culture of community service and philanthropy. We recognize the importance of being intentional and consistent in our efforts to positively impact our local community. This condition helps balance the privilege of operating a fraternity house with the responsibility of contributing to the surrounding neighborhood, while also addressing common concerns about fraternity impacts by encouraging goodwill and civic engagement. It sets a clear, measurable expectation that supports student leadership and aligns with broader city goals related to community wellness and public involvement. By formalizing our commitment to service, this condition ensures that Delta Chi continues to be a respectful, engaged, and contributing presence in San Luis Obispo. 10. The property shall be maintained in a clean and orderly manner and in compliance with the Municipal Code. All landscaping shall be replaced as necessary and maintained (e.g., trimmed, pruned, etc.) to the satisfaction of the Community Development Director. 11. A minimum of 32 parking spaces shall be provided and maintained at all times. These spaces shall remain available to residents of the fraternity and not designated for any individuals not residing on the property. 12. At the beginning of every academic year,, due the property’s proximity adjacent to campus, the fraternity shall offer bicycle parking to every resident, up to 35 bicycle spaces (one for each resident) and contact the City for a follow-up inspection to verify that all required bicycle spaces have been installed. NARRATIVE: The city has noted that setting constraints like a uniform set of conditions on the exercise of discretion diminishes the usefulness of the review process to address specific needs over time or for unique circumstances that may exist at specific properties or with particular groups or organizations. SLO's 17.72.070 bicycle parking standards allow for alternative compliance. Since acquiring our property in 2012, Delta Chi has remained committed to supporting active transportation and minimizing impacts on street parking. From the outset, we have provided bicycle parking on-site for our members. However, given the uniqueness of the property location by campus and the ample square footage available to residents, many prefer to store their bicycles inside their units. Additionally, because of the property's close proximity to Cal Poly, the majority of residents and visiting members walk rather than drive or bike to the house. As a result, the existing on-site parking and bike racks have proven sufficient. We would be happy to offer to install bike racks for every resident annually, and commit to installing those improvements for any resident who needs it. 5 13.The fraternity use shall comply with Table 1 (Exterior Noise Limits) of Section 9.12.060 (Exterior Noise Limits) of the San Luis Obispo Municipal Code between the extended hours of 10:00 p.m. and 9:00 a.m. Resolution No. PC-XXXX-25 Page 5 14.Prior to a special event approved by the Community Development Director pursuant to Condition No. 4, the fraternity shall provide written notification of the event to all occupants residing within 300 feet of the site. The written notification shall include the date, hours, and contact information for the responsible party for the special event. No exception from the Noise Ordinance shall be approved by the Director as part of the special event. 15.Live entertainment, bands, and/or amplified sounds are prohibited, unless otherwise approved through a special event by the Community Development Department. No exception from the Noise Ordinance shall be approved by the Director as part of the special event. 16.Unless otherwise approved by the Community Development Director, the building permits to resolve the open code enforcement case regarding unpermitted conversion of non-habitable space (e.g., balconies, decks, and sunrooms) to Sleeping areas shall be finale within six (6) months following the May 28, 2025 Planning Commission re-review hearing or prior to leasing the affected residential units to new tenants for the next academic year, whichever occurs first. Failure to complete the required work to resolve the open code enforcement case within the preceding timeframe shall result in the automatic revocation of this Conditional Use Permit. (COMPLETED) NARRATIVE: We completed the repair work on the open code enforcement case regarding unpermitted conversion of non-habitable spaces which occurred prior to us occupying the property in 2012. 16.Failure to comply with any of the above conditions or code requirements, or the conduct of the use so as to constitute a violation of Federal, State, or local law, or so as to constitute a public nuisance or so as to cause adverse impacts on the health, safety, or welfare of persons in the vicinity of this use is prohibited and considered a violation of this Conditional Use Permit and may constitute grounds for the revocation of this permit. Resolution No. PC-XXXX-25 Page 6 Effect of Resolution This Resolution repeals and replaces Resolution No. 5230-98 (1998 Series). The Conditional Use Permit to allow the continuation of a fraternity at 1236 Monte Vista Place is subject to the revised conditions stated in this Resolution. . 6 7 Supporting the Necessary Findings with Modified Conditions: How these changes support the required findings on appeal. Knowing that the planning commission had a challenge with being able to make these findings giving the previously drafted revisions, we think the modifications above help address the findings in the following ways: 1. The proposed use is consistent with the general plan and any applicable specific plan; Reasoning: As the staff has noted in the original May 28 Staff Report, “the project is consistent with the General Plan because the proposed fraternity is an allowable use as dense group housing in the High Density Residential (HDR) land use designation. In addition, the project would facilitate Land Use Element Policy 2.6.5 and Housing Element Policy 8.6 by locating a fraternity in proximity to the Cal Poly SLO campus and other student-oriented uses and housing.” 2. The proposed use is allowed or conditionally allowed within the applicable zone and complies with all other applicable provisions of these zoning regulations and the municipal code; Reasoning: As the staff has noted in the original May 28 Staff Report, 3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity; Reasoning: As the staff has noted in the original May 28 Staff Report, “The proposed fraternity is conditionally allowed within the High-Density Residential (R-4) zone. As conditioned, the project complies with applicable provisions of the Zoning Regulations because (a) the maximum number of 35 residents complies with the group housing maximum occupancy limits, (b) the parking configuration would provide 32 required spaces, consistent with the nonconforming parking space capacity of the apartment complex per Section 17.72.060 of the San Luis Obispo Municipal Code (Nonconforming Parking),”and (c) the required offering of bicycle parking spaces for all residents up to 35 spaces complies with current bicycle parking requirements per Section 17.72.070 (Bicycle parking standards) through an alternative form of compliance authorized by the city Bicycle parking standards. 4. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use; b. Traffic generation and the provision of public and emergency vehicle (e.g., fire and medical) access; c. Public protection services (e.g., fire protection, police protection, etc.); and 8 d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). REASONING: As the staff has noted in the original May 28 Staff Report, “The design, location, size, and operating characteristics of the project will be compatible with the existing and future land uses in the vicinity because the proposed fraternity would continue to (a) be in proximity to other dense group housing (i.e., other fraternities, sororities, multi-family, etc.), (b) be located within walking distance (i.e., within 0.1-mile) of the Cal Poly campus, and (c) utilize an existing developed multi-family property. The site is physically suitable in terms of (a) its design, location, shape, size, and operating characteristics of the project; (b) traffic generation and the provision of public and emergency vehicle (e.g., fire and medical) access; (c) public protection services (e.g., fire protection, police protection, etc.); and (d) the provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). The project is surrounded by other developed properties with compatible dense housing uses, has access to the City’s circulation system, and is served by City utilities. The project utilizes an existing developed multi- family property and does not include activities that would generate service.” 5. The establishment and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. REASONING: The proposed conditions of approval for the Delta Chi Fraternity’s Conditional Use Permit provide a comprehensive and proactive framework to ensure that the continued operation of the fraternity will not be detrimental to the health, safety, or welfare of the general public, nearby residents, or surrounding properties. These conditions directly address concerns raised by the Planning Commission and the community, particularly through clear limitations on occupancy, structured event management, and improved accountability. By tying occupancy to objective square footage standards and requiring an annual event plan—including transportation management for large events—the fraternity demonstrates a commitment to minimizing impacts such as noise, crowding, and traffic. The condition requiring a formal good neighbor management plan ensures ongoing communication and collaboration with nearby residents, helping to address issues like cleanliness, parking, and livability. Additionally, early intervention measures, such as requiring an action plan after two violations, strengthen enforcement and reduce staff burden. Annual updates of contact information for both student and alumni leadership improve oversight and ensure consistent communication with City staff. Finally, the requirement for at least three community service events per year formalizes the fraternity’s commitment to being a contributing and engaged part of the San Luis Obispo community. Approving the Conditional Use Permit further supports the required finding by providing the City with a clear framework for ongoing oversight and accountability, which enables more effective regulation of the property than if no CUP were in place. From: To: Subject: Date: Patino, Mallory Christopher Nielsen RE: Delta Chi appeal (APPL-0665-2025, 1236 Monte Vista Place) Monday, September 22, 2025 9:30:00 AM Hi Chris, Thanks for sending me a copy! I will review this as I continue to work through my report. Timmi or I will reach out if we have any additional questions. Thanks, Mallory Patino pronouns she/her/hers Assistant Planner Community Development 919 Palm St, San Luis Obispo, CA 93401-3218 E mpatino@slocity.org slocity.org Stay connected with the City by signing up for e-notifications From: Christopher Nielsen < > Sent: Monday, September 22, 2025 5:59 AM To: Patino, Mallory <mpatino@slocity.org> Subject: Re: Delta Chi appeal (APPL-0665-2025, 1236 Monte Vista Place) Good morning Mallory, Hope you had a great weekend! I had a conversation with Director Tway on Thursday, who recommended I put together some narrative on the revised conditions and an explanation why I think they will help the city council make the necessary findings. I want to make sure you receive a copy as well and let you know you may see these come through on your end. Thanks again for all your work! Chris -- Christopher Nielsen On Thu, Sep 18, 2025 at 9:11 AM Christopher Nielsen < wrote: Thank you Mallory, appreciate it. Do you think it would be helpful to set up a time to discuss this with your office? I would be happy to make myself available. Happy to call as well to discuss. I was also thinking about your need to also highlight what error may have occurred at the commission level? I know it was buried in the appeal docs we provided, is it helpful to highlight that we only had two noise violations, because the third was overturned on appeal, thereby the matter was not required to be before the planning commission for review? Thanks again for all your work on this! CHris -- Christopher Nielsen On Thu, Sep 18, 2025 at 9:07 AM Patino, Mallory <mpatino@slocity.org> wrote: Hi Chris, Thanks for sending over the materials. I wanted to let you know I received your input and am working on reviewing it and updating the staff report today. I’ll let you know if I have any questions within the next few days. Thanks, Mallory Patino pronouns she/her/hers Assistant Planner Community Development 919 Palm St, San Luis Obispo, CA 93401-3218 E mpatino@slocity.org slocity.org Stay connected with the City by signing up for e-notifications From: Christopher Nielsen < > Sent: Tuesday, September 16, 2025 1:05 PM To: Patino, Mallory <mpatino@slocity.org> Subject: Re: Delta Chi appeal (APPL-0665-2025, 1236 Monte Vista Place) Hi Mallory, Hope you are well. Just want to follow up on this to see if you had some time to discuss? Thank you -- Christopher Nielsen On Fri, Sep 12, 2025 at 11:15 AM Christopher Nielsen < wrote: Good morning Mallory, Happy Friday! Thank you again for the consideration. Attached are some draft revisions and options to modify the originally proposed modified conditions from the original staff report for your consideration. I crafted these trying to respond to the concerns raised by Commissioners. Specifically, the changes add onto the originally proposed revisions in the following ways: Requiring the fraternity to submit an action plan if they have two citations within 12 months to avoid a 3rd violation, which would bring them back to the commission. Requiring the fraternity to would have an annual education plan for members regarding the CUP and its requirements. Requiring the fraternity to provide contact information to the city for the ABT president and president of housing corporations, both alumni organizations who advise the organization on their operations and property. Require the fraternity to submit an annual event plan to the community development director with all our planned events for the year, which would need to be approved or denied within 30 days of submitting, and require notice as soon as practicable of any changes. The annual event plan would include a transportation plan for events at the property as the transportation plan for events remain the same all year. The fraternity shall create a good neighbor management plan to reduce impacts to the surrounding neighborhood shall be submitted to the Community Development Department, at least 30 days before the commencing of the fall academic period. Modifying the 54 guest limit to an objective standard of 90 sqft per guest (the property has 13,764 of living space, equating to a total limit of 153). This is intended to recognize the size of the property and mirror the specific sqft rule outlined in fraternity and sorority zoning, which is 1.5 times the minimum in the code. The Fraternity shall have a community service program with no less than three community service events a year benefiting the community of San Luis Obispo. The fraternity would be required to annually offer each of its residents bicycle parking to each resident, up to 35 bike parking spots a year. I also want to note we completed the repair work on the open code enforcement case regarding unpermitted conversion of non-habitable spaces which occurred prior to us occupying the property in 2012. Happy to take the time to walk you through these and discuss them. I can also bring in the current Delta Chi President who is now back in SLO for a meeting, and I can join remotely. If necessary, I can also arrange to travel down there from Sacramento. I welcome any feedback or thoughts I think these possible changes could help facilitate a positive workable framework going forward. My cell is Thank you. Chris -- Christopher Nielsen On Tue, Sep 9, 2025 at 12:08 PM Christopher Nielsen < > wrote: Mallory, Very grateful for your willingness. I will do that in short order. I would also be happy to meet and discuss with you and your team if that would be helpful. Chris -- On Sep 9, 2025, at 12:02 PM, Patino, Mallory <mpatino@slocity.org> wrote: Hi Chris, Sorry for the delay in getting back to you. I spoke with my supervisor and Timmi Tway (Community Development Director), and we’ve determined if there are additional materials you would like to submit to accompany your appeal, you may do so. If you could get them to me by the end of this week, that would be preferrable as my draft report is in motion, and I’d like to be able to accommodate addressing the materials in the report if needed. If you have any questions about what to submit, or the process in general, let me know and we can schedule another phone call. Best, Mallory Patino pronouns she/her/hers Assistant Planner <image001.png> Community Development 919 Palm St, San Luis Obispo, CA 93401-3218 E mpatino@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> Stay connected with the City by signing up for e-notifications SECTION 3. Action. The Planning Commission hereby approves the Conditional Use Permit to allow the continuation of the fraternity (USE-0332-2025), based on the following revised conditions: Planning Division – Community Development Department 1. The Conditional Use Permit shall be reviewed by the Community Development Director for compliance with the conditions of approval, or to determine whether a modification of the Conditional Use Permit is necessary upon significant change to the project as represented in the Staff Report dated May 28, 2025, or in the event of a change in ownership which may result in deviation from the project description or approved plans. 2. The Conditional Use Permit shall be reviewed by the Planning Commission as soon as practical if conduct on the permitted premises results in three (3) citations within any 12-month period for a violation of law or permit condition that (a) are not contested or are upheld on appeal, and (b) the conduct for which the citations were issued resulted in adverse impacts to, or complaints from, residents or occupants of the surrounding neighborhood. If there are two (2) citations within any 12-month period for a violation of law or permit condition that meet conditions (a) and (b) above, the fraternity shall submit a plan on how they will prevent future an additional violation of law or permit condition that meet conditions (a) and (b). At the time of the Conditional Use Permit review, to ensure ongoing compatibility with nearby uses, conditions of approval may be added, modified, and/or removed, or the Conditional Use Permit may be revoked. The City shall notify Cal Poly if the Use Permit is revoked. A re review by the Planning Commission shall be accompanied by the appropriate fee. 3. The fraternity shall be limited to a maximum of 35 residents for the property, averaging 370 sq ft per resident above the 60 sqft minimum in 17.86.130,. The property owner shall allow the City to verify the maximum occupancy by allowing an inspection of records or visual inspection of the premises. Any inspection shall be scheduled at a reasonable time with at least 24-hour notice to the residents. Resolution No. PC-XXXX-25 Page 4 4. Routine meetings and gatherings for the fraternity shall be limited to a maximum of 1 guest per 90 square feet of living space, 1.5 times the minimum occupancy requirements of 60 square feet per resident outlined in 17.86.130 , except as otherwise approved by the Community Development Director for special events submitted to the Community Development Director as part of their annual event plan. The annual event plan shall include planned events on the property beyond routine meetings and gatherings which would cover social, philanthropy, alumni, parents and recruitment events. The plan shall be reviewed, approved or denied within 30 days. After approving the plan, the fraternity shall provide any changes and updates to the plan as soon as practicable. As part of that annual event plan, the fraternity shall provide , a transportation management plan for events beyond routine meetings and gatherings to reduce impacts to the surrounding neighborhood shall be submitted to the Community Development Departmentfor review and approval. No exception from the Noise Ordinance shall be approved by the Director as Part of the special event. Presence of more than 1 guest per 90 sqft of living space at the property without valid approval from the Community Development Director shall be considered a violation of this Conditional Use Permit. 5. The fraternity shall remain affiliated and in good standing with the Interfraternity Council of Student Life and Leadership at California Polytechnic University, San Luis Obispo. If the fraternity becomes unaffiliated or is no longer in good standing, the Conditional Use Permit shall be automatically revoked. 6. The fraternity shall provide the name and contact information (i.e., phone number and email address) of all responsible parties to the Community Development Department and Neighborhood Services Manager of the Police Department on an annual basis. IThe fraternity shall provide the name and contact information (i.e., phone number and email address) of the President of the Alumni board of Trustees and the President of the Housing Corporation to the Community Development Department and Neighborhood Services Manager of the Police Department on an annual basis. f there is a change to the name and/or contact information of any responsible parties, the Community Development Department and Neighborhood Services Manager shall be notified immediately. The “responsible parties” are those that cause, maintain, allow, or are otherwise responsible for actions regulated by this Use Permit, or those that have an ownership interest in the real property. 7. The Fraternity shall have an annual education program for the fraternity about the existence and requirements of the Conditional Use Permit. 8. The fraternity shall create a good neighbor management plan to reduce impacts to the surrounding neighborhood shall be submitted to the Community Development Department, at least 30 days before the commencing of the fall academic period. 9. The Fraternity shall have a community service program with no less than three community service events a year benefiting the community of San Luis Obispo. 10. The property shall be maintained in a clean and orderly manner and in compliance with the Municipal Code. All landscaping shall be replaced as necessary and maintained (e.g., trimmed, pruned, etc.) to the satisfaction of the Community Development Director. 11. A minimum of 32 parking spaces shall be provided and maintained at all times. These spaces shall remain available to residents of the fraternity and not designated for any individuals not residing on the property. 12. At the beginning of every academic year,, due the property’s proximity adjacent to campus, the fraternity shall offer bicycle parking to every resident, up to 35 bicycle spaces (one for each resident) and contact the City for a follow-up inspection to verify that all required bicycle spaces have been installed. 13.The fraternity use shall comply with Table 1 (Exterior Noise Limits) of Section 9.12.060 (Exterior Noise Limits) of the San Luis Obispo Municipal Code between the extended hours of 10:00 p.m. and 9:00 a.m. Resolution No. PC-XXXX-25 Page 5 14.Prior to a special event approved by the Community Development Director pursuant to Condition No. 4, the fraternity shall provide written notification of the event to all occupants residing within 300 feet of the site. The written notification shall include the date, hours, and contact information for the responsible party for the special event. No exception from the Noise Ordinance shall be approved by the Director as part of the special event. 15.Live entertainment, bands, and/or amplified sounds are prohibited, unless otherwise approved through a special event by the Community Development Department. No exception from the Noise Ordinance shall be approved by the Director as part of the special event. 16.Unless otherwise approved by the Community Development Director, the building permits to resolve the open code enforcement case regarding unpermitted conversion of non-habitable space (e.g., balconies, decks, and sunrooms) to sleeping areas shall be finaled within six (6) months following the May 28, 2025 Planning Commission re-review hearing or prior to leasing the affected residential units to new tenants for the next academic year, whichever occurs first. Failure to complete the required work to resolve the open code enforcement case within the preceding timeframe shall result in the automatic revocation of this Conditional Use Permit. (COMPLETED) 16.Failure to comply with any of the above conditions or code requirements, or the conduct of the use so as to constitute a violation of Federal, State, or local law, or so as to constitute a public nuisance or so as to cause adverse impacts on the health, safety, or welfare of persons in the vicinity of this use is prohibited and considered a violation of this Conditional Use Permit and may constitute grounds for the revocation of this permit. Resolution No. PC-XXXX-25 Page 6 Effect of Resolution This Resolution repeals and replaces Resolution No. 5230-98 (1998 Series). The Conditional Use Permit to allow the continuation of a fraternity at 1236 Monte Vista Place is subject to the revised conditions stated in this Resolution. Indemnification 1. The applicant shall defend, indemnify, and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers, or employees to attack, set aside, void or annul, the approval by the City of this project, and all actions relating thereto, including but not limited to environmental review (“Indemnified Claims”). The City shall promptly notify the applicant of any Indemnified Claim upon being presented with the Indemnified Claim and the City shall fully cooperate in the defense against an Indemnified Claim. On motion by Commissioner ______, seconded by Commissioner ______, and on the following roll call vote: AYES: NOES: RECUSED: ABSENT: The foregoing resolution was passed and adopted this 28th day of May 2025. ___________________ Tyler Corey, Secretary Planning Commission From: To: Subject: Date: Wallace, Christine Barrett, Jason RE: 1236 Monte Vista Pl. March 15, 2025 unruly gathering citation Thursday, September 25, 2025 4:10:58 PM Totes fine Thanks very much. CW From: Barrett, Jason <JBarrett@slocity.org> Sent: Thursday, September 25, 2025 4:09 PM To: Wallace, Christine <cwallace@slocity.org> Subject: RE: 1236 Monte Vista Pl. March 15, 2025 unruly gathering citation Absolutely, though it wouldn’t be until next week. Jason Barrett Community Service Officer Police Department 1042 Walnut Street, San Luis Obispo, CA 93401-2729 E JBarrett@slocity.org T 805.594.8039 C 805.431.7124 slocity.org Stay connected with the City by signing up for e-notifications This e-mail, and any files transmitted with it, are intended only for the person or entity to which it is addressed and may contain confidential, protected, and/or privileged material. Any review, re-transmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient, is prohibited. If you received this in error, please contact the sender and delete the material from any computer. From: Wallace, Christine <cwallace@slocity.org> Sent: Thursday, September 25, 2025 16:05 To: Barrett, Jason <JBarrett@slocity.org> Subject: FW: 1236 Monte Vista Pl. March 15, 2025 unruly gathering citation Hi Jason, Are you able to pull up drone video from St. Fratty’s Day of the huge party at 1236 Monte Vista? I’d like to provide CDD with some visual evidence. Thanks, CW From: Patino, Mallory <mpatino@slocity.org> Sent: Thursday, September 25, 2025 3:59 PM To: Wallace, Christine <cwallace@slocity.org> Subject: 1236 Monte Vista Pl. March 15, 2025 unruly gathering citation Hi Christine, We are working on the Council Agenda Report for the Appeal hearing for the revocation of the CUP at 1236 Monte Vista Place. We are hoping to include more details about the March 15th (St Fratty’s) unruly gathering citation they received. Is there a police report or any additional notes from the responding officers that you can provide me that will help me add more details to my report? We are hoping to convey more details about the situation that led to it being deemed an unruly gathering, since the definition in the Muni Code (§9.13.020(E)) includes a variety of possibilities that escalate a large gathering to an unruly gathering. Thank you, Mallory Patino pronouns she/her/hers Assistant Planner Community Development 919 Palm St, San Luis Obispo, CA 93401-3218 E mpatino@slocity.org slocity.org Stay connected with the City by signing up for e-notifications From: To: Subject: Date: Patino, Mallory Wallace, Christine RE: 1236 Monte Vista Pl. March 15, 2025 unruly gathering citation Thursday, September 25, 2025 4:32:00 PM Christine, thanks for the quick response! The draft report goes to internal routing on Monday (for review from Timmi, Attorney’s Office, etc.) but we will still be able to be edit it during this routing. The hearing at City Council is on October 21st. I believe the report will be finalized and published minimum one week before the meeting, but it might be two weeks before. Look forward to hearing more about if we can see any of the footage. Thanks! Mallory Patino pronouns she/her/hers Assistant Planner Community Development 919 Palm St, San Luis Obispo, CA 93401-3218 E mpatino@slocity.org slocity.org Stay connected with the City by signing up for e-notifications From: Wallace, Christine <cwallace@slocity.org> Sent: Thursday, September 25, 2025 4:11 PM To: Patino, Mallory <mpatino@slocity.org> Subject: RE: 1236 Monte Vista Pl. March 15, 2025 unruly gathering citation Hi Mallory, Attached is the citation and notes for that UG. I’ve reached out to the City Attorney’s office to ask if I’m able to provide you with drone video and body cam, I’ll get back to you when I get an answer with either footage or an acknowledgement that I can’t provide it. The number of people estimated on the citation is low, I was watching the drone in real time, and the number was probably closer to 300. When does this go to Council? Thanks, CW From: Patino, Mallory <mpatino@slocity.org> Sent: Thursday, September 25, 2025 3:59 PM To: Wallace, Christine <cwallace@slocity.org> Subject: 1236 Monte Vista Pl. March 15, 2025 unruly gathering citation Hi Christine, We are working on the Council Agenda Report for the Appeal hearing for the revocation of the CUP at 1236 Monte Vista Place. We are hoping to include more details about the March 15th (St Fratty’s) unruly gathering citation they received. Is there a police report or any additional notes from the responding officers that you can provide me that will help me add more details to my report? We are hoping to convey more details about the situation that led to it being deemed an unruly gathering, since the definition in the Muni Code (§9.13.020(E)) includes a variety of possibilities that escalate a large gathering to an unruly gathering. Thank you, Mallory Patino pronouns she/her/hers Assistant Planner Community Development 919 Palm St, San Luis Obispo, CA 93401-3218 E mpatino@slocity.org slocity.org Stay connected with the City by signing up for e-notifications From:Cohen, Rachel To:Corey, Tyler Cc:Tway, Timothea (Timmi); Patino, Mallory Subject:Fraternity Appeal Staff report for 10/21 Date:Thursday, September 25, 2025 9:49:45 PM Hi Tyler- I have finished my review of the Fraternity appeal staff report: APPL-0665-2025_Staff Report for Appeal of USE-0332-2025_10.21.25 [DRAFT].docx Here is a link to the table that summarizes the Appellants proposed amendments to the COA. Yes there are a lot of words, but you really only have to focus on the underlined words and the last column on the right: Attachment X - Staff Analysis of APPL-0665- 2025 Appellant Submitted Modifications and Additions to Draft Conditions of Approval.docx General project folder is here: APPL-0665-2025 (1236 Monte Vista Pl) - Delta Chi CUP Revocation Appeal The applicant submitted materials are in this folder: Appellant Submittals I am on flex tomorrow, but you can reach out to me if needed. Mallory will be in the office and you can work directly with her. Cheers, Rachel Cohen pronouns she/her/hers Principal Planner Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 E rcohen@slocity.org T 805.781.7574 slocity.org Stay connected with the City by signing up for e-notifications < From: Patino, Mallory <mpatino@slocity.org> Sent: Thursday, September 25, 2025 3:59 PM To: Wallace, Christine <cwallace@slocity.org> Subject: 1236 Monte Vista Pl. March 15, 2025 unruly gathering citation Hi Christine, We are working on the Council Agenda Report for the Appeal hearing for the revocation of the CUP at 1236 Monte Vista Place. We are hoping to include more details about the March 15th (St Fratty’s) unruly gathering citation they received. Is there a police report or any additional notes from the responding officers that you can provide me that will help me add more details to my report? We are hoping to convey more details about the situation that led to it being deemed an unruly gathering, since the definition in the Muni Code (§9.13.020(E)) includes a variety of possibilities that escalate a large gathering to an unruly gathering. Thank you, Mallory Patino pronouns she/her/hers Assistant Planner <image001.png> Community Development 919 Palm St, San Luis Obispo, CA 93401-3218 E mpatino@slocity.org slocity.org <image002.png> <image003.png> <image004.png> <image005.png> <image006.png> Stay connected with the City by signing up for e-notifications From:Colunga-Lopez, Andrea To:Patricia Horton Cc:legals@newtimesslo.com; CityClerk Subject:RE: 10/21/2025 City Council & 10/22/2025 PC - Legal Ads Date:Monday, October 6, 2025 9:11:04 AM Attachments:Legal Ad Template - TBID Annual Public Hearing; Cost&work completed to frontage improvements due to NOCS; Appeal of PC Decision [1236 Monte Vista CUP].docx Hi Patricia, My apologies, please see the updated legal ad. -Andrea From: Colunga-Lopez, Andrea Sent: Monday, October 6, 2025 9:04 AM To: Patricia Horton <phorton@newtimesslo.com> Cc: legals@newtimesslo.com; CityClerk <CityClerk@slocity.org> Subject: 10/21/2025 City Council & 10/22/2025 PC - Legal Ads Hi Patricia, Please include the following Legal Ads in this week’s publication (10/09). Please send the bill to the Community Development Department and to the City Clerk’s office. Best, Andrea Colunga-Lopez pronouns she/her/hers Deputy City Clerk I City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications Legal Ad to Patricia Run: Thursday, October 9, 2025 1 Day – 1 Affidavit From: Sara Armas (805) 781-7110 ART – CITY LOGO Bill: City Clerk’s Office phorton@newtimesslo.com 805-546-8208 ext. 210 Phone SAN LUIS OBISPO CITY COUNCIL NOTICE OF PUBLIC HEARING The San Luis Obispo City Council invites all interested persons to attend a meeting on Tuesday, October 21, 2025, at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. Meetings may be viewed remotely on Government Access Channel 20 or streamed live from the City’s YouTube channel at www.youtube.com/CityofSanLuisObispo. Public comment, prior to the start of the meeting, may be submitted in writing via U.S. Mail delivered to the City Clerk’s office at 990 Palm Street, San Luis Obispo, CA 93401 or by email to emailcouncil@slocity.org. CONSENT ITEM: • The City Council will consider a request to designate the property at 1110 Buchon Street as a Master List Historic Resource. The property is currently listed as a Contributing Resource in the City’s Inventory of Historic Resources. This project is exempt from environmental review (CEQA). Project Address: 1110 Buchon Street; Case #: HIST-0504-2025; R-2-H zone; Fitzgerald Kelly, applicant/owner. For more information, you are invited to contact Brian Leveille, Principal Planner, of the City’s Community Development Department at (805) 781-7166 or by email, bleveille@slocity.org PUBLIC HEARING ITEMS: • The City Council will hold a Public Hearing to consider any protests against the continuance of the San Luis Obispo Tourism Business Improvement District (TBID). If a legally sufficient protest is not made, Council will consider adoption of a Resolution affirming the continuation of the TBID, setting forth the basis for the assessment, and levying the assessment with no changes upon hotels in the district for fiscal year 2025-26, at the same rate (2%) as all prior years. For more information, you are invited to contact Laura Fiedler, Economic Development & Tourism Manager, of the City’s Administration Department at (805) 781-7165 or by email, lfiedler@slocity.org • The City Council will consider the adoption of a Resolution confirming the assessments for the replacement of frontage improvements adjacent to 878 Islay Street and 1548 Morro Street (Assessor’s Parcel Numbers 003-538-015 and 003- 538-016) as required by Formal Notices to Correct. Project Addresses: 878 Islay Street and 1543 Morro Street. For more information, you are invited to contact Greg Cruce, Deputy Director – Maintenance Operations, of the City’s Public Works Department at (805) 781-7264 or by email, gcruce@slocity.org • The City Council will review an appeal of the Planning Commission’s decision to revoke a Use Permit for operation of a fraternity organization at 1236 Monte Vista Place (USE-0332-2025, APPL-0665-2025). The project is exempt from environmental review under Section 15301 (Existing Facilities) of the California Environmental Equality Act (CEQA). Project Address: 1236 Monte Vista Place; APPL-0665-2025, USE-0332-2025. • For more information, you are invited to contact Mallory Patino, Assistant Planner, of the City’s Community Development Department at (805) 783-7704 or by email, mpatino@slocity.org The City Council may also discuss other hearings or business items before or after the items listed above. If you challenge the proposed project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Council Agenda Reports for this meeting will be available for review one week in advance of the meeting date on the City’s website, under the Public Meeting Agendas web page: https://www.slocity.org/government/mayor-and-city-council/agendas-and-minutes. Please call the City Clerk’s Office at (805) 781-7114 for more information. The City Council meeting will be televised live on Charter Cable Channel 20 and live streaming on the City’s YouTube channel www.youtube.com/CityofSanLuisObispo. Teresa Purrington City Clerk From:Leveille, Brian To:Wynn, Eva Subject:FW: Postcards: 10/21/2025 Council Meeting Date:Monday, October 6, 2025 10:24:21 AM Attachments:Legal Ad Template - TBID Annual Public Hearing; Cost&work completed to frontage improvements due to NOCS; Appeal of PC Decision [1236 Monte Vista CUP].docx Council Agenda Item Notification Form - Request to add to Master List of Historic Resources (1110 Buchon Street).pdf Council Agenda Item Notification Form - APPL-0665-2025 (1236 Monte Vista Place).pdf Hi Eva, Think they forgot you on this one. Can you take a look? From: Colunga-Lopez, Andrea <AColunga@slocity.org> Sent: Monday, October 6, 2025 10:07 AM To: Ginn, Delaney <DGinn@slocity.org>; Hughes, Jacob <JHughes@slocity.org>; Wilbur, Naomi <NWilbur@slocity.org> Cc: Patino, Mallory <mpatino@slocity.org>; Leveille, Brian <bleveill@slocity.org>; CityClerk <CityClerk@slocity.org> Subject: Postcards: 10/21/2025 Council Meeting Hi Delaney, Jacob, and Naomi, Postcards have been requested for the 10/21/2025 City Council Meeting. Please view the attached files for the item description and noticing details. Please draft the postcards no later than noon on Thursday (10/09) and distribute to all cc’d for review. Postcards will need to be mailed by Friday (10/10). Postcards for the public hearing item: Project Address: 1110 Buchon Street; Case #: HIST-0504-2025; R-2-H zone; Fitzgerald Kelly, applicant/owner. Project Address: 1236 Monte Vista Place; APPL-0665-2025, USE-0332-2025. Best, Andrea Colunga-Lopez pronouns she/her/hers Deputy City Clerk I City Administration E AColunga@slocity.org T 805.781.7105 Council Agenda item notification Notification for the Preliminary Agenda is due to the Office of the City Clerk by NOON ON MONDAY – 22 DAYS BEFORE THE COUNCIL MEETING Email to cityclerk@slocity.org Meeting Date Project Address Application Number Department Head Department Contact Contact Phone & Email Project Description (Legal Description) Public Hearing Business Consent Study Session Verification I (department contact/ project manager) have confirmed that the notification has been created per the requirements indicated above. ________ Initials __________ Date Notification Strategy Legal Notification Is Required (check all that apply) Expanded Outreach (Department Use Only- See PEN MANUAL for Process): Newspaper Legal Ad (Clerk) Postcards to owners and occupants within 300’ (Department provides postcards and notification list to Clerk’s Office) Estimated number of signs _________ (Department Posts) Location Map (Department Provides) Press Release City News Item Email Notification Other Specify: ____________ (Attach list of “stakeholders” for the record.) Council Agenda item notification Notification for the Preliminary Agenda is due to the Office of the City Clerk by NOON ON MONDAY – 22 DAYS BEFORE THE COUNCIL MEETING Email to cityclerk@slocity.org Meeting Date Project Address Application Number Department Head Department Contact Contact Phone & Email Project Description (Legal Description) Public Hearing Business Consent Study Session Verification I (department contact/ project manager) have confirmed that the notification has been created per the requirements indicated above. ________ Initials __________ Date Notification Strategy Legal Notification Is Required (check all that apply) Expanded Outreach (Department Use Only- See PEN MANUAL for Process): Newspaper Legal Ad (Clerk) Postcards to owners and occupants within 300’ (Department provides postcards and notification list to Clerk’s Office) Estimated number of signs _________ (Department Posts) Location Map (Department Provides) Press Release City News Item Email Notification Other Specify: ____________ (Attach list of “stakeholders” for the record.) From:Patino, Mallory To:Cohen, Rachel Subject:APPL-0665-2025, fraternity appeal presentation and back up resolution Date:Monday, October 13, 2025 10:22:00 PM Hi Rachel, The draft presentation and back up resolution are ready for your review. Please make whatever edits you think are needed! I’ll probably review on Monday (10/20) evening and we can discuss on Tuesday. I’m planning to have that entire day available to review and finalize preparation for City Council that evening. Folder: APPL-0665-2025 (1236 Monte Vista Pl) - Delta Chi CUP Revocation Appeal PowerPoint: APPL-0665-2025 (1236 MVP) - Appeal of CUP Revocation (Delta Chi Fraternity) Presentation.pptx Back up Reso: BACKUP Draft Resolution for APPL-0665-2025 (Continuing Use with Mods).docx I pulled the final versions of documents from eScribe and added them to my SharePoint folder. We also have a blank template for the staff agenda correspondence in SharePoint and eScribe already if needed! There is also an email from Officer Dickel about the 10/4 citation if anyone else needs that information. You can text me if any serious issues arise for the appeal! I’ll have access to my email while I’m out as well. Thanks, Mallory Patino pronouns she/her/hers Assistant Planner Community Development 919 Palm St, San Luis Obispo, CA 93401-3218 E mpatino@slocity.org slocity.org Stay connected with the City by signing up for e-notifications From: To: Subject: Date: Francis, Emily RQN of SLO Re: Item 7d, Appeal of Conditional Use Permit Revocation Tuesday, October 21, 2025 7:40:20 AM Thanks for sharing your detailed comments and for being so involved in this discussion. I really appreciate the thoughtful input your organization has brought to the Conditional Use Permit appeal. It’s clear how much you care about the community, and I’m grateful for all the effort RQN has put into tackling the concerns around this issue. Take care, Emily Emily Francis pronouns she/her/hers Council Member Office of the City Council 990 Palm, San Luis Obispo, CA 93401-3249 E EFrancis@slocity.org On Mon, Oct 20, 2025 at 8:57 PM, RQN of SLO <rqn.board@yahoo.com> wrote: Dear Mayor Stewart and Members of the Council, Recommend you uphold staff’s recommendation to deny Appellant’s appeal and uphold the Planning Commission’s revocation of their Conditional Use Permit (CUP). First and foremost 1236 Monte Vista Place is in a residential neighborhood where members of a fraternity are allowed to reside. Unfortunately, the Appellant has taken this to mean that they can host large, noisy parties during the day and at night without regard to how they affect other residents of the neighborhood - both student and permanent residents. The Appellants knew their appeal would go before the City Council some time this academic year, yet they held a party on September 11th that disturbed neighbors enough to call SLOPD, and another on October 4th for which they received a citation. One would think with an appeal pending they would be extra careful not to disturb their neighbors. Appellants appear to think they can use their residence as an event location and, as long as they keep their noise citations below three, continue to hold large, noisy parties. They suggested a modification to Condition 2 of the Draft CUP that, after two citations within 12 months, they would develop/submit a plan on how they will prevent future violations. If they really intended to “mend their ways” they 1) would not have hosted parties this academic year until after their appeal was heard, and 2) they would already have developed said plan. Appellants also suggested a new condition that they “shall have a community service program with no less than three such events per year.” Presumably no Special Use Permit from the Community Development Department would be required if this condition were to be added. Also it appears they intend to hold these events in the neighborhood, otherwise this condition would not be needed. Community service events is a very broad term which could include on-site charity events as opposed to “gather here to leave for a beach clean-up event.” Charity events have been held in the neighborhood during the day - with individuals buying tickets and profits going to the designated charity. Such events can include live bands, a water slide and other disruptive, noise-producing activities. It is time that Cal Poly fraternities began using third-party venues to hold their events, and using their dwellings as a place to reside. For the reasons provided to the Planning Commission verbally and in writing as well as staff’s recommendation and the comments provided above, recommend Appellant’s appeal be denied, thus upholding the Planning Commission’s decision to revoke Appellant’s CUP. Thank you for your time and your attention to this topic. Sandra Rowley Chairperson, Residents for Quality Neighborhoods From: To: Subject: Date: RQN of SLO Colunga-Lopez, Andrea Re: Item 7d, Appeal of Conditional Use Permit Revocation Tuesday, October 21, 2025 10:42:18 PM Thank you, Andrea! On Tuesday, October 21, 2025 at 08:17:21 AM PDT, Colunga-Lopez, Andrea <acolunga@slocity.org> wrote: Hi Sandra, Thank you for your input, it has been sent to the City Council members. It is now placed in the public archive for tonight’s meeting. Best, Andrea Colunga-Lopez pronouns she/her/hers Deputy City Clerk I City Administration E AColunga@slocity.org T 805.781.7105 slocity.org Stay connected with the City by signing up for e-notifications From: RQN of SLO <rqn.board@yahoo.com> Sent: Monday, October 20, 2025 8:58 PM To: E-mail Council Website <emailcouncil@slocity.org> Cc: Stewart, Erica A <estewart@slocity.org>; Shoresman, Michelle <mshoresm@slocity.org>; Marx, Jan <jmarx@slocity.org>; Francis, Emily <EFrancis@slocity.org>; Boswell, Mike <MBoswell@slocity.org> Subject: Item 7d, Appeal of Conditional Use Permit Revocation Dear Mayor Stewart and Members of the Council, Recommend you uphold staff’s recommendation to deny Appellant’s appeal and uphold the Planning Commission’s revocation of their Conditional Use Permit (CUP). First and foremost 1236 Monte Vista Place is in a residential neighborhood where members of a fraternity are allowed to reside. Unfortunately, the Appellant has taken this to mean that they can host large, noisy parties during the day and at night without regard to how they affect other residents of the neighborhood - both student and permanent residents. The Appellants knew their appeal would go before the City Council some time this academic year, yet they held a party on September 11th that disturbed neighbors enough to call SLOPD, and another on October 4th for which they received a citation. One would think with an appeal pending they would be extra careful not to disturb their neighbors. Appellants appear to think they can use their residence as an event location and, as long as they keep their noise citations below three, continue to hold large, noisy parties. They suggested a modification to Condition 2 of the Draft CUP that, after two citations within 12 months, they would develop/submit a plan on how they will prevent future violations. If they really intended to “mend their ways” they 1) would not have hosted parties this academic year until after their appeal was heard, and 2) they would already have developed said plan. Appellants also suggested a new condition that they “shall have a community service program with no less than three such events per year.” Presumably no Special Use Permit from the Community Development Department would be required if this condition were to be added. Also it appears they intend to hold these events in the neighborhood, otherwise this condition would not be needed. Community service events is a very broad term which could include on-site charity events as opposed to “gather here to leave for a beach clean-up event.” Charity events have been held in the neighborhood during the day - with individuals buying tickets and profits going to the designated charity. Such events can include live bands, a water slide and other disruptive, noise-producing activities. It is time that Cal Poly fraternities began using third-party venues to hold their events, and using their dwellings as a place to reside. For the reasons provided to the Planning Commission verbally and in writing as well as staff’s recommendation and the comments provided above, recommend Appellant’s appeal be denied, thus upholding the Planning Commission’s decision to revoke Appellant’s CUP. Thank you for your time and your attention to this topic. Sandra Rowley Chairperson, Residents for Quality Neighborhoods From:Boswell, Mike To:RQN of SLO Subject:Re: Item 7d, Appeal of Conditional Use Permit Revocation Date:Wednesday, October 22, 2025 9:29:02 AM Sandy: Thanks. Hopefully I was making sense. That was a long night! I’m confident there is a path forward for better addressing these issues in our neighborhoods. I’ll continue to work with staff and I encourage RQNs ongoing dialogue. Mike Mike Boswell Council Member City of San Luis Obispo Office of the City Council E MBoswell@slocity.org C 805.748.8178 slocity.org Stay connected with the City by signing up for e-notifications From: RQN of SLO <rqn.board@yahoo.com> Sent: Tuesday, October 21, 2025 11:22:29 PM To: Boswell, Mike <MBoswell@slocity.org> Subject: Re: Item 7d, Appeal of Conditional Use Permit Revocation Thank you for your comments tonight, Mike. Hopefully, fraternity members listened to the discussion, will better understand their responsibilities to their neighbors, and something positive will result. One can hope. Sandy On Tuesday, October 21, 2025 at 11:36:04 AM PDT, Boswell, Mike <mboswell@slocity.org> wrote: Sandra: Thanks for taking the time to address this issue. I appreciate the specific comments on aspects of the CUP and will consider them carefully as we deliberate on the matter. Mike Mike Boswell Council Member City of San Luis Obispo Office of the City Council E MBoswell@slocity.org C 805.748.8178 slocity.org Stay connected with the City by signing up for e-notifications From: RQN of SLO <rqn.board@yahoo.com> Sent: Monday, October 20, 2025 8:57 PM To: E-mail Council Website <emailcouncil@slocity.org> Cc: Stewart, Erica A <estewart@slocity.org>; Shoresman, Michelle <mshoresm@slocity.org>; Marx, Jan <jmarx@slocity.org>; Francis, Emily <EFrancis@slocity.org>; Boswell, Mike <MBoswell@slocity.org> Subject: Item 7d, Appeal of Conditional Use Permit Revocation Dear Mayor Stewart and Members of the Council, Recommend you uphold staff’s recommendation to deny Appellant’s appeal and uphold the Planning Commission’s revocation of their Conditional Use Permit (CUP). First and foremost 1236 Monte Vista Place is in a residential neighborhood where members of a fraternity are allowed to reside. Unfortunately, the Appellant has taken this to mean that they can host large, noisy parties during the day and at night without regard to how they affect other residents of the neighborhood - both student and permanent residents. The Appellants knew their appeal would go before the City Council some time this academic year, yet they held a party on September 11th that disturbed neighbors enough to call SLOPD, and another on October 4th for which they received a citation. One would think with an appeal pending they would be extra careful not to disturb their neighbors. Appellants appear to think they can use their residence as an event location and, as long as they keep their noise citations below three, continue to hold large, noisy parties. They suggested a modification to Condition 2 of the Draft CUP that, after two citations within 12 months, they would develop/submit a plan on how they will prevent future violations. If they really intended to “mend their ways” they 1) would not have hosted parties this academic year until after their appeal was heard, and 2) they would already have developed said plan. Appellants also suggested a new condition that they “shall have a community service program with no less than three such events per year.” Presumably no Special Use Permit from the Community Development Department would be required if this condition were to be added. Also it appears they intend to hold these events in the neighborhood, otherwise this condition would not be needed. Community service events is a very broad term which could include on-site charity events as opposed to “gather here to leave for a beach clean- up event.” Charity events have been held in the neighborhood during the day - with individuals buying tickets and profits going to the designated charity. Such events can include live bands, a water slide and other disruptive, noise-producing activities. It is time that Cal Poly fraternities began using third-party venues to hold their events, and using their dwellings as a place to reside. For the reasons provided to the Planning Commission verbally and in writing as well as staff’s recommendation and the comments provided above, recommend Appellant’s appeal be denied, thus upholding the Planning Commission’s decision to revoke Appellant’s CUP. Thank you for your time and your attention to this topic. Sandra Rowley Chairperson, Residents for Quality Neighborhoods From:Patino, Mallory To:Tway, Timothea (Timmi) Subject:RE: Media contacts regarding Delta Chi CUP Revocation Date:Wednesday, October 22, 2025 4:22:46 PM Attachments:A - Draft Resolution conditionally denying the appeal (USE-0332-2025, APPL-0665-2025).docx Here is the clean version! It says noise or unruly gathering citation. Mallory Patino pronouns she/her/hers Assistant Planner Community Development 919 Palm St, San Luis Obispo, CA 93401-3218 E mpatino@slocity.org slocity.org Stay connected with the City by signing up for e-notifications From: Tway, Timothea (Timmi) <TTway@slocity.org> Sent: Wednesday, October 22, 2025 4:21 PM To: Marx, Jan <jmarx@slocity.org> Cc: Patino, Mallory <mpatino@slocity.org> Subject: RE: Media contacts regarding Delta Chi CUP Revocation Yes it should say Citation, I will check, Thanks, Timmi From: Marx, Jan <jmarx@slocity.org> Sent: Wednesday, October 22, 2025 4:20 PM To: Tway, Timothea (Timmi) <TTway@slocity.org> Subject: RE: Media contacts regarding Delta Chi CUP Revocation Did Council’s resolution mention one noise complaint, or one noise citation? We should have said citation. Jan From: Tway, Timothea (Timmi) <TTway@slocity.org> Sent: Wednesday, October 22, 2025 11:49 AM To: City Communications <communications@slocity.org> Cc: Patino, Mallory <mpatino@slocity.org>; Corey, Tyler <tcorey@slocity.org> Subject: Media contacts regarding Delta Chi CUP Revocation BCC:Council_All Hello All, The Community Development Department has been contacted by several news outlets today about the Delta Chi hearing last night. The New Times, SLO Tribune, and Mustang Daily have contacted us with basic questions about what happened last night and what potential next steps for the fraternity are. Staff has provided factual information about the Council decision and pointed the reporters back to other helpful documents or staff reports. Please let me know if you have any questions, and if reporters reach out to you with questions I am happy to help if needed. Thanks, Timothea (Timmi) Tway Director of Community Development Community Development 919 Palm, San Luis Obispo, CA 93401-3249 E TTway@slocity.org T 805.781.7187 slocity.org Stay connected with the City by signing up for e-notifications 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, 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 to Resolution No. _____ (202X Series) Page 2 R ______ 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 a 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 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 is 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 APPROVED AS TO FORM: Resolution No. _____ (202X Series) Page 4 R ______ ______________________ 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 From: To: Subject: Date: Francis, Emily RQN of SLO Re: Item 7d, Appeal of Conditional Use Permit Revocation Wednesday, October 22, 2025 9:39:46 PM Thank you for your message, Sandy. I had hoped we might begin to explore new solutions during this discussion, but perhaps the upcoming hearing in February will provide an opportunity to make progress. I appreciate your continued engagement on this matter. Take care, Emily Emily Francis pronouns she/her/hers Council Member Office of the City Council 990 Palm, San Luis Obispo, CA 93401-3249 E EFrancis@slocity.org On Tue, Oct 21, 2025 at 11:21 PM, RQN of SLO <rqn.board@yahoo.com> wrote: Thank you for your comments tonight, Emily. Hopefully, fraternity members listened to the discussion, will better understand their responsibilities to their neighbors, and something positive will result. One can hope. Sandy On Tuesday, October 21, 2025 at 07:40:26 AM PDT, Francis, Emily <efrancis@slocity.org> wrote: Thanks for sharing your detailed comments and for being so involved in this discussion. I really appreciate the thoughtful input your organization has brought to the Conditional Use Permit appeal. It’s clear how much you care about the community, and I’m grateful for all the effort RQN has put into tackling the concerns around this issue. Take care, Emily Emily Francis pronouns she/her/hers Council Member Office of the City Council 990 Palm, San Luis Obispo, CA 93401-3249 E EFrancis@slocity.org On Mon, Oct 20, 2025 at 8:57 PM, RQN of SLO <rqn.board@yahoo.com> wrote: Dear Mayor Stewart and Members of the Council, Recommend you uphold staff’s recommendation to deny Appellant’s appeal and uphold the Planning Commission’s revocation of their Conditional Use Permit (CUP). First and foremost 1236 Monte Vista Place is in a residential neighborhood where members of a fraternity are allowed to reside. Unfortunately, the Appellant has taken this to mean that they can host large, noisy parties during the day and at night without regard to how they affect other residents of the neighborhood - both student and permanent residents. The Appellants knew their appeal would go before the City Council some time this academic year, yet they held a party on September 11th that disturbed neighbors enough to call SLOPD, and another on October 4th for which they received a citation. One would think with an appeal pending they would be extra careful not to disturb their neighbors. Appellants appear to think they can use their residence as an event location and, as long as they keep their noise citations below three, continue to hold large, noisy parties. They suggested a modification to Condition 2 of the Draft CUP that, after two citations within 12 months, they would develop/submit a plan on how they will prevent future violations. If they really intended to “mend their ways” they 1) would not have hosted parties this academic year until after their appeal was heard, and 2) they would already have developed said plan. Appellants also suggested a new condition that they “shall have a community service program with no less than three such events per year.” Presumably no Special Use Permit from the Community Development Department would be required if this condition were to be added. Also it appears they intend to hold these events in the neighborhood, otherwise this condition would not be needed. Community service events is a very broad term which could include on-site charity events as opposed to “gather here to leave for a beach clean-up event.” Charity events have been held in the neighborhood during the day - with individuals buying tickets and profits going to the designated charity. Such events can include live bands, a water slide and other disruptive, noise-producing activities. It is time that Cal Poly fraternities began using third-party venues to hold their events, and using their dwellings as a place to reside. For the reasons provided to the Planning Commission verbally and in writing as well as staff’s recommendation and the comments provided above, recommend Appellant’s appeal be denied, thus upholding the Planning Commission’s decision to revoke Appellant’s CUP. Thank you for your time and your attention to this topic. Sandra Rowley Chairperson, Residents for Quality Neighborhoods From:Shoresman, Michelle To:RQN of SLO Subject:RE: Item 7d, Appeal of Conditional Use Permit Revocation Date:Wednesday, October 22, 2025 9:50:00 PM Good evening. By now, I am sure you know the outcome of the meeting. Thanks for writing in to share your thoughts. Sorry I couldn’t respond to all the emails before the meeting. Michelle From: RQN of SLO <rqn.board@yahoo.com> Sent: Monday, October 20, 2025 8:58 PM To: E-mail Council Website <emailcouncil@slocity.org> Cc: Stewart, Erica A <estewart@slocity.org>; Shoresman, Michelle <mshoresm@slocity.org>; Marx, Jan <jmarx@slocity.org>; Francis, Emily <EFrancis@slocity.org>; Boswell, Mike <MBoswell@slocity.org> Subject: Item 7d, Appeal of Conditional Use Permit Revocation Dear Mayor Stewart and Members of the Council, Recommend you uphold staff’s recommendation to deny Appellant’s appeal and uphold the Planning Commission’s revocation of their Conditional Use Permit (CUP). First and foremost 1236 Monte Vista Place is in a residential neighborhood where members of a fraternity are allowed to reside. Unfortunately, the Appellant has taken this to mean that they can host large, noisy parties during the day and at night without regard to how they affect other residents of the neighborhood - both student and permanent residents. The Appellants knew their appeal would go before the City Council some time this academic year, yet they held a party on September 11th that disturbed neighbors enough to call SLOPD, and another on October 4th for which they received a citation. One would think with an appeal pending they would be extra careful not to disturb their neighbors. Appellants appear to think they can use their residence as an event location and, as long as they keep their noise citations below three, continue to hold large, noisy parties. They suggested a modification to Condition 2 of the Draft CUP that, after two citations within 12 months, they would develop/submit a plan on how they will prevent future violations. If they really intended to “mend their ways” they 1) would not have hosted parties this academic year until after their appeal was heard, and 2) they would already have developed said plan. Appellants also suggested a new condition that they “shall have a community service program with no less than three such events per year.” Presumably no Special Use Permit from the Community Development Department would be required if this condition were to be added. Also it appears they intend to hold these events in the neighborhood, otherwise this condition would not be needed. Community service events is a very broad term which could include on-site charity events as opposed to “gather here to leave for a beach clean- up event.” Charity events have been held in the neighborhood during the day - with individuals buying tickets and profits going to the designated charity. Such events can include live bands, a water slide and other disruptive, noise-producing activities. It is time that Cal Poly fraternities began using third-party venues to hold their events, and using their dwellings as a place to reside. For the reasons provided to the Planning Commission verbally and in writing as well as staff’s recommendation and the comments provided above, recommend Appellant’s appeal be denied, thus upholding the Planning Commission’s decision to revoke Appellant’s CUP. Thank you for your time and your attention to this topic. Sandra Rowley Chairperson, Residents for Quality Neighborhoods From:Patino, Mallory To: Cc:Cohen, Rachel; president.cpdeltachi@gmail.com Subject:RE: Delta Chi Fraternity Appeal Staff Report Available Date:Thursday, October 23, 2025 5:05:00 PM Hi Chris, Thank you for your efforts as well, and glad we could briefly meet on Tuesday to put a face to the name! I am following up regarding the Council’s Tuesday night actions, especially since the final Resolution was drafted during the meeting and you did not have a chance to review in advance. The Council Conditionally Revoked the Use Permit, U106-98, for a fraternity (Delta Chi) located at 1236 Monte Vista Place. The final Resolution is still being routed for final signatures, and I will send you a link to it early next week, once it is published. I have a summary of the three conditions of revocation here: 1.The City Council denied your appeal and conditionally revoked the Use Permit, U106-98. Use of 1236 Monte Vista Place as a fraternity shall cease immediately, as of Tuesday, October 21st (upon execution of the Resolution). Delta Chi may apply for a Modification of U106-98, with the appropriate Modification fee. If the Modification application is timely filed, it will be heard by the Planning Commission for a recommendation to the City Council, and then by the City Council for a final decision. The Planning Commission’s recommendation shall be based on all requirements of the Municipal Code, including but not limited to Section 17.86.130, Chapter 17.110, and consistency with the General Plan. The City Council’s decision on the application for Modification following a recommendation by the Planning Commission shall be final. If the City Council denies the application for Modification, the revocation will immediately become final. 2.If you do not apply for a Modification in the time allotted, the conditional revocation will be final. Any application submittal to re-establish a fraternity use at 1236 Monte Vista Place after the 60-day window closes will be subject to the City’s standard process for review of a CUP, including the appropriate CUP application fees. 3.If, during the period of conditional revocation (before a decision is made by City Council), one noise or unruly gathering citation is issued related to any activity on the property, the conditional revocation shall become permanent immediately upon exhaustion of appeals. Per my calculation, 60 days from October 21, 2025 is Saturday‎, ‎December‎ ‎20‎, ‎2025. With the deadline falling on a weekend, the final date for submittal would be the following Monday, December 22, 2025 by close of business. A Modification application for any permit requires the same application materials that the new application would require. You can review the required materials for a CUP application on the CUP Checklist (please note physical copies of project plans are no longer required). Here is the mentioned Planning Application form from that checklist. You will need to submit the materials either via email or in person. If you submit via email, you may send the application materials to planning@slocity.org and CC me. Once you have submitted the application materials, staff will set up the application and provide an invoice for payment that can be made online, in person, or over the phone. We do not consider an application as submitted until payment of fees is completed. As mentioned in the meeting, per the City’s Comprehensive Fee Schedule, the current CUP fee is $11,260.55, so the Modification fee of 25% would be $2,815.14. Please let me know if you have any questions relating to the final Resolution or the Modification process. Cheers, Mallory Patino pronouns she/her/hers Assistant Planner Community Development 919 Palm St, San Luis Obispo, CA 93401-3218 E mpatino@slocity.org slocity.org Stay connected with the City by signing up for e-notifications From: Christopher Nielsen < > Sent: Thursday, October 23, 2025 10:06 AM To: Cohen, Rachel <rcohen@slocity.org> Cc: Tway, Timothea (Timmi) <TTway@slocity.org>; Patino, Mallory <mpatino@slocity.org> Subject: Re: Delta Chi Fraternity Appeal Staff Report Available Director Tway, Rachel and Mallory, Thank you all for your work on this issue. I really appreciate your time, attention, and service to the community. I look forward to continuing to to help find a good pathway forward on a sustainable framework for all members of the community. Have a great rest of your week. Chris -- Christopher Nielsen From:Tway, Timothea (Timmi) To:Shoresman, Michelle Subject:RE: Media contacts regarding Delta Chi CUP Revocation Date:Friday, October 24, 2025 10:36:38 AM Attachments:Legislative Draft for A - Draft Resolution conditionally denying the appeal (USE-0332-2025, APPL-0665-2025).pdf A - Draft Resolution conditionally denying the appeal (USE-0332-2025 APPL-0665-2025).pdf Hi Michelle, Please see the clean version and legislative draft attached – Thanks! Timmi From: Shoresman, Michelle <mshoresm@slocity.org> Sent: Wednesday, October 22, 2025 1:33 PM To: Tway, Timothea (Timmi) <TTway@slocity.org> Subject: Re: Media contacts regarding Delta Chi CUP Revocation I would love to see the final resolution. I think the Mayor asked for this at the end of the meeting and asked to see track changes with the original proposed draft resolution. That would be helpful for me. Thanks! Michelle Shoresman Vice Mayor City of San Luis Obispo From: Tway, Timothea (Timmi) <TTway@slocity.org> Sent: Wednesday, October 22, 2025 1:48:50 PM To: City Communications <communications@slocity.org> Cc: Patino, Mallory <mpatino@slocity.org>; Corey, Tyler <tcorey@slocity.org> Subject: Media contacts regarding Delta Chi CUP Revocation BCC:Council_All Hello All, The Community Development Department has been contacted by several news outlets today about the Delta Chi hearing last night. The New Times, SLO Tribune, and Mustang Daily have contacted us with basic questions about what happened last night and what potential next steps for the fraternity are. Staff has provided factual information about the Council decision and pointed the reporters back to other helpful documents or staff reports. Please let me know if you have any questions, and if reporters reach out to you with questions I am happy to help if needed. Thanks, Timothea (Timmi) Tway Director of Community Development Community Development 919 Palm, San Luis Obispo, CA 93401-3249 E TTway@slocity.org T 805.781.7187 slocity.org Stay connected with the City by signing up for e-notifications 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 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, 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 to Resolution No. _____ (202X Series) Page 2 R ______ 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 a 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 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 is 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 _______________ 20 2X. ___________________________ Mayor Erica A. Stewart ATTEST: ______________________ Teresa Purrington City Clerk APPROVED AS TO FORM: Resolution No. _____ (202X Series) Page 4 R ______ ______________________ 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 From:Patino, Mallory To:Chris Green Cc:Cohen, Rachel Subject:RE: Delta Chi CUP Update - Thank you! Date:Wednesday, October 29, 2025 11:18:00 AM Attachments:R-11607 denying an appeal and conditionally revoking the Use Permit for a fraternity located at 1236 Monte Vista Place.pdf Hi Chris, Thank you for following up and letting us know your intentions. As you do have the 60-days to apply for a Modification, if anything changes between now and the close of the application window, please reach out. I also wanted to provide the final copy of Resolution No. 11607 (2025 Series) for your records, attached here. And for reference, the 2025 City Council Resolutions can be accessed online in the City Clerk’s public records here. Cheers, Mallory Patino pronouns she/her/hers Assistant Planner Community Development 919 Palm St, San Luis Obispo, CA 93401-3218 E mpatino@slocity.org slocity.org Stay connected with the City by signing up for e-notifications From: Chris Green <president.cpdeltachi@gmail.com> Sent: Friday, October 24, 2025 4:01 PM To: Cohen, Rachel <rcohen@slocity.org>; Patino, Mallory <mpatino@slocity.org> Subject: Delta Chi CUP Update - Thank you! Hi Mallory and Rachel, We would like to sincerely thank you and your team for your time, effort, and consideration throughout the Conditional Use Permit (CUP) review and subsequent appeal process. We appreciate the work that has gone into reviewing our appeal along with our alternative proposal ahead of the council meeting, and your team being helpful and communicating with us along the way, and we are hopeful all this work will result in a positive collaborative path forward. After careful consideration, we have decided not to continue this appeal for this CUP with the process outlined Tuesday evening. This decision is primarily due to the cost of nearly $3000 to continue the appeal process along with the prospect of getting modified conditions of the existing CUP through the process outlined by the council. Also, while we did provide options to the council before the hearing, it is unclear the planning commission would be willing to adopt findings based on the modified conditions we provided. Therefore it is also not clear that continuing this appeal would be fruitful and worthy of crucial city staff resources over starting anew. We value the city’s partnership and understanding and hope to work together on future opportunities that may be a better fit for all parties involved, and will consider reapplying for a new CUP once a more viable path presents itself. Thank you again for your time and efforts. Kind regards,  -------------------------------------------------------- Chris Green President Delta Chi Fraternity California Polytechnic State University president.cpdeltachi@gmail.com (7 R 11607 RESOLUTION NO. 11607 (2025 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: Docusign Envelope ID: 883FFAF3-D3D6-449C-967A-F34B88E58490 Resolution No. 11607 (2025 Series) Page 2 R 11607 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, 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 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. Docusign Envelope ID: 883FFAF3-D3D6-449C-967A-F34B88E58490 Resolution No. 11607 (2025 Series) Page 3 R 11607 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 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 a 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 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 is issued related to any activity on the property, the conditional revocation shall become permanent immediately upon exhaustion of appeals. Docusign Envelope ID: 883FFAF3-D3D6-449C-967A-F34B88E58490 Resolution No. 11607 (2025 Series) Page 4 R 11607 Upon motion of Council Member Marx, seconded by Mayor Stewart and on the following roll call vote: AYES: Council Member Boswell, Marx, Vice Mayor Shoresman, and Mayor Stewart NOES: Council Member Francis ABSENT: None The foregoing resolution was adopted this 21st day of October 2025. 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 Docusign Envelope ID: 883FFAF3-D3D6-449C-967A-F34B88E58490 10/28/2025 | 11:45 AM PDT