San Luis Obispo City Council
October 21, 2025

Work Completion Report
Address: 878 Islay Street, San Luis Obispo, CA 93401
APN: 003-538-015
Property Description:

THE LAND REFERRED TO IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN LUIS OBISPO, CITY SAN LUIS OBISPO, AND DESCRIBED AS FOLLOWS:

ALL THAT PORTION OF LOTS FIVE (5) AND SIX (6), IN BLOCK ONE HUNDRED AND THREE (103) OF MURRAY AND CHURCH’S ADDITION TO THE CITY OF SAN LUIS

OBISPO, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED RECORD SEPTEMBER 27, 1877, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 6, SOUTH 53° 07’ WEST, 100 FEET FROM THE MOST EASTERLY CORNER OF SAID LOT;

THENCE NORTHEASTERLY AT RIGHT ANGLES TO SAID SOUTHEASTERLY LINE 95 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 5; THENCE SOUTH 53° 07’ WEST ALONG SAID NORTHEASTERLY LINE 45 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 5, THENCE SOUTHEASTERLY ALONG THE
SOUTHEASTERLY LINE OF SAID LOT 5 AND 6; 95 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 6; THENCE NORTH 53° 07’ EAST ALONG THE SOUTHEASTERLY LINE OF SAID LOT 6, 45 FEET TO THE POINT OF BEGINNING.

Work Completed: Removed and replaced approximately 189 square feet of deteriorated sidewalk and driveway approach and paved approximately 24 square feet of excavated street. Traffic control provided per City Standards during public right-ofway closures.

Total Cost: $17,166.59
Before Photos:

After Photos:

NOTICE OF LIEN
878 Islay Street, San Luis Obispo
APN: 003-538-015
Pursuant to the authority vested in me by the Improvement Act of 1911, I did, on the 4 th
day of August, 2025, cause the sidewalk in front of the real property hereinafter described, to be repaired and improved, and the legislative body of said City of San Luis Obispo did, on the 21st day of October, 2025 by Resolution No. ____ assess the cost of such repair upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said city (county, or city and county), does hereby claim a lien on said real property in the sum of seventeen thousand one hundred sixty six dollars and fifty nine cents ($17,166.59), and the same shall be a lien upon said real property until the said sum, with interest at the rate of 10 percent per annum, from the said 21st day of October,2025, has been paid in full and discharged of record.

The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of San Luis Obispo, the County of San Luis Obispo, State of California, and particularly described as follows:

The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of San Luis Obispo, State of California, and particularly described as follows, to wit:

THE LAND REFERRED TO IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN LUIS OBISPO, CITY SAN LUIS OBISPO, AND DESCRIBED AS FOLLOWS:

ALL THAT PORTION OF LOTS FIVE (5) AND SIX (6) IN BLOCK ONE HUNDRED AND THREE (103) OF MURRAY AND CHURCH’S ADDITION TO THE CITY OF SAN LUIS

OBISPO, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED FOR RECORD SEPTEMBER 27, 1877, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 6, SOUTH 53° 07’ WEST, 100 FEET FROM THE MOST EASTERLY CORNER OF SAID LOT; THENCE NORTHEASTERLY AT RIGHT ANGLES TO SAID SOUTHEASTERLY LINE 95 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 5; THENCE SOUTH 53° 07’ WEST ALONG SAID NORTHEASTERLY LINE 45 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 5, THENCE SOUTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 5 AND 6; 95 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 6; THENCE NORTH 53° 07’ EAST ALONG THE SOUTHEASTERLY LINE OF SAID LOT 6, 45 FEET TO THE POINT OF BEGINNING.

Dated this _____ day of ____, 2025
Superintendent of Streets

September 9, 2025
Subject: Notice of Public Hearing and Completed Frontage Improvement Work – 878 Islay Street, APN # 003-538-015
Dear Property Owner:

The City of San Luis Obispo sent you Informal Notices to Correct on 2/10/2025 and 8/19/2024, and Formal Notices to Correct on 7/7/2025 and 7/14/2025 related to the deteriorated sidewalk conditions adjacent to your property at 878 Islay Street, San Luis Obispo. On 5/20/2025, the City Council authorized staff to complete the required work as outlined in the notices if the work did not commence within 14 days of the First Formal Notice to Correct.

The City’s contractor completed the required work on 8/11/2025, which has since been inspected to ensure the work complied with the City’s Standard Specifications and Engineering Standards. The total cost for the work completed adjacent to your parcel is $17,166.59.

A Public Hearing is scheduled to begin at 5:30 pm during the 10/21/2025 City Council meeting at the following location:

San Luis Obispo City Hall
990 Plam Street
San Luis Obispo, CA 93401
During this hearing, staff will provide a report to the Council on the work completed, the total cost of the work, and a description of the real property in front of which the repairs have been made. The Council will also hear objections or protests to the costs of the repairs. The Council will then vote to modify or confirm the costs of repairs presented by staff. The confirmed cost of repair will be assessed against your parcel of property, and the amount will be due within five days. If not paid within five days after its confirmation by the Council, a special assessment will be made against the parcel of property, and a lien will be filed with the County Recorder’s Office.

You may submit a written objection to the City Council prior to the hearing via U.S.

Mail to the City Clerk’s Office at 990 Palm Street, San Luis Obispo, CA 93401 or by email at [email protected]. Written comments must be received no later than three hours before the start of the meeting.

Public Works
25 Prado Road, San Luis Obispo, CA 93401-3218
805.781.7220
slocity.org

City of San Luis Obispo, Title, Subtitle
Should you choose to pay this amount prior to the Public Hearing, please mail a check and copy of this letter to the City’s Finance Department, 990 Palm Street, San Luis Obispo, CA 93401.

Please feel free to contact me with any questions at [email protected].

Sincerely,
Nemo Stephenson
Maintenance Superintendent – Streets and Traffic Signals Public Works Department
Attachments:

Work Completion Report
Final Cost Invoice
SLO M.C. 12.12
Streets and Highways Code

Sidewalk Repair Work Completion Report
Address: 878 Islay Street, San Luis Obispo, CA 93401
APN: 003-538-015
Property Description:

THE LAND REFERRRED TO IS SITUATED IN THE STATE OF CALIFORNIA,

COUNTY OF SAN LUIS OBISPO, CITY OF SAN LUIS OBISPO, AND DESCRIBED AS FOLLOWS:

ALL THAT PORTION OF LOTS FIVE (5) AND SIX (6), IN BLOCK ONE HUNDRED AND THREE (103) OF MURRAY AND CHURCH’S ADDITION TO THE CITY OF SAN LUIS

OBISPO, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED RECORD SEPTEMBER 27, 1877, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 6, SOUTH 53° 07’ WEST, 100 FEET FROM THE MOST EASTERLY CORNER OF SAID LOT;

THENCE NORTHEASTERLY AT RIGHT ANGLES TO SAID SOUTHEASTERLY LINE 95 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 5; THENCE SOUTH 53° 07’ WEST ALONG SAID NORTHEASTERLY LINE 45 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 5, THENCE SOUTHEASTERLY ALONG THE
SOUTHEASTERLY LINE OF SAID LOT 5 AND 6; 95 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 6; THENCE NORTH 53° 07’ EAST ALONG THE SOUTHEASTERLY LINE OF SAID LOT 6, 45 FEET TO THE POINT OF BEGINNING.

Work Completed: Removed and replaced approximately 189 square feet of deteriorated sidewalk and driveway approach and paved approximately 24 square feet of excavated street. Traffic control provided per City Standards during public right-ofway closures.

Total Cost: $17,166.59

Photos:

Streets and Sidewalk Maintenance JOC - PAYMENT
City of San Luis Obispo
Public Works Department
919 Palm St. Specification Number: 1000199
San Luis Obispo, CA Task Order No:
93401-3218
Contractor Name: R. Burke Corp
Contact: Robert Burke
Task Order Completion Date: Address: PO Box 3810
Task Order Authorization Amount: $ 18,511 City, State Zip San Luis Obispo, CA 93401 Phone: 805-546-8288
Task Order Details
Location Work Order No. Nearest Address Description
1 878 Islay Street Sidewalk and Driveway Replacement
2 878 Islay Street Pave Out
Work Performed
Unit Price Work $ 15,463.15 Amount Vender
Asphalt Material $ 120.19 $ 17,166.59 160768
Extra Work $ 1,583.25
*Total $ 17,166.59
*For cost in excess of $100,000 attach City Manager Report approving purchase Contractor Signature Date

Streets and Sidewalk Maintenance JOC - AUTHORIZATION
City of San Luis Obispo
Public Works Department
919 Palm St. Specification Number: 1000199
San Luis Obispo, CA Task Order No: 54
93401-3218
Task Order Details
Location Work Order No. Nearest Address Description
1 878 Islay Street Sidewalk and Driveway Replacement
2 878 Islay Street Pave Out
Estimated Costs Description of Project:

Unit Price Work $ 15,234.06 Replacement of Sidewalk that was destroyed by property owners tree.

Asphalt Material $ 191.67
Extra Work $ -
Contingency $ 3,085.15
*Total $ 18,510.88
*For cost in excess of $100,000 attach City Manager Report approving purchase.

Unit Price Contract Work
Item No. Item Description
Unit of
Measure Unit Price
Estimated
Quantity
Estimated
Cost
Actual
Quantity Final Cost
1CCO1 Edge Grind SQFT $ 10.25 $ - $ -
2CCO1 1.75" Thin Maintenance Overlay SQFT $ 13.33 $ - $ - 3CCO1 2” AC Grind & AC Overlay-1/2'' Aggregate SQFT $ 41.00 $ - $ - 4CCO1 6” AC Pavement - Excavation & Restoration SQFT $ 9.23 45 $ 415.13 24 $ 221.40 5CCO1 10” AC Pavement - Excavation & Restoration SQFT $ 13.33 $ - $ - 6CCO1 8” PCC with 3” max AC Cap - Excavation & Restoration SQFT $ 29.73 $ - $ - 7CCO1 Class II Aggregate TON $ 87.13 $ - $ -
8CCO1 Trench Backfill Sand TON $ 76.88 $ - $ -
9CCO1 AC Dike - Caltrans A87B LF $ 23.58 $ - $ -
10CCO1 Pavement Reinforcing Fabric SQYD $ 71.75 $ - $ - 11CCO1 Geo Textile Grid SQYD $ 51.25 $ - $ -
12CCO1 Fog Seal SQYD $ 25.63 $ - $ -
13CCO1 Pavement Marking-Caltrans A24 SQFT $ 18.45 $ - $ - 14CCO1 12'' White Line Limit Line LF $ 20.50 $ - $ -
15CCO1 Traffic Stripe-Caltrans A20A Detail 1 LF $ 20.50 $ - $ - 16CCO1 Traffic Stripe - Caltrans A20A Detail 2 LF $ 20.50 $ - $ - 17CCO1 Traffic Stripe - Caltrans A20A Detail 8 LF $ 20.50 $ - $ - 18CCO1 Traffic Stripe - Caltrans A20A Detail 9 LF $ 20.50 $ - $ - 19CCO1 Traffic Stripe - Caltrans A20B Detail 22 LF $ 23.58 $ - $ - 20CCO1 Traffic Stripe - Caltrans A20D Detail 29 LF $ 23.58 $ - $ - 21CCO1 Traffic Stripe - Caltrans A20D Detail 38 LF $ 23.58 $ - $ - 22CCO1 Traffic Stripe - Caltrans A20D Detail 39 LF $ 23.58 $ - $ - 23CCO1 Traffic Stripe - Caltrans A20D Detail 39A LF $ 23.58 $ - $ - 24CCO1 Reflective Pavement Marker-All Types EA $ 35.88 $ - $ - 25CCO1 Hi-Vis-Crosswalk-STD 7350 LF $ 307.50 $ - $ -
26CCO1 Bike Lane Buffer LF $ 30.75 $ - $ -
27CCO1 Green Bike Lane Coating-STD 7360 SQFT $ 51.25 $ - $ - 28CCO1 Remove Traffic Stripe LF $ 15.38 $ - $ -
29CCO1 Remove Pavement Marking SQFT $ 15.38 $ - $ -
30CCO1 Remove & Replace Sidewalk - Std. 4110 (Area Under 60 SQFT) SQFT $ 71.75 36 $ 2,583.00 33 $ 2,367.75 31CCO1 Remove & Replace Sidewalk - Std. 4110 (Area - 60 to 180 SQFT) SQFT $ 61.50 $ - $ - 32CCO1 Remove & Replace Sidewalk - Std. 4110 (Area - over 180 SQFT) SQFT $ 51.25 $ - $ - 33CCO1 Remove & Replace Curb and Gutter - Std. 4030 LF $ 92.25 $ - $ - 34CCO1 Remove & Replace Curb Ramp - Std. 4440 SQFT $ 24.60 $ - $ - 35CCO1 Remove & Replace Cross Gutter - Std. 4310 SQFT $ 205.00 $ - $ - 36CCO1 Remove & Replace Driveway Ramp - Std. 2110,2111,2115,2116 SQFT $ 35.88 172.5 $ 6,188.44 156 $ 5,596.50 37CCO1 Mission Style PCC Coloring and Salt Finish SQFT $ 6.15 $ - $ - 38CCO1 Mission Style Tile Installation per Std. 4220 LF $ 71.75 $ - $ - 39CCO1 Single Mission Tile Installation - Std. 4220 EA $ 82.00 $ - $ - 40CCO1 Replace Truncated Domes - Std. 4440 SQFT $ 71.75 $ - $ - 41CCO1 Repaint Curb LF $ 6.15 $ -
42CCO1 Furnish & Install Metal Post - Std. 7210 EA $ 666.25 $ - $ - 43CCO1 Furnish & Install Metal Post - Std. 7215 EA $ 717.50 $ - $ - 44CCO1 Furnish and Install Sign EA $ 512.50 $ - $ -
45CCO1 Reconstruct Guardrail - Caltrans A77A1 LF $ 512.50 $ - $ - 46CCO1 Furnish and Install Tree Well - Std. 8130, 4'x4' EA $ 5,125.00 $ - $ - 47CCO1 Furnish and Install Tree Well - Std. 8130, 5'x5' EA $ 5,945.00 $ - $ - 48CCO1 Furnish and Install Tree Well - Std. 8130, 6'x6' EA $ 7,175.00 $ - $ - 49CCO1 Enlarge Tree Grate Opening EA $ 256.25 $ - $ -
50CCO1 Catch Basin - Std. 3350 EA $ 15,375.00 $ - $ -
51CCO1 Catch Basin - Std. 3355 EA $ 18,450.00 $ - $ -
52CCO1 Catch Basin - Std. 3355A EA $ 12,300.00 $ - $ -
53CCO1 Catch Basin - Std. 3360 EA $ 18,450.00 $ - $ -
54CCO1 Adjust Utility Cover - Std. 6040 EA $ 768.75 $ - $ - 55CCO1 Manhole Frame and Cover Replacement - Std. 6040 EA $ 2,562.50 $ - $ - 56CCO1 Manhole Replacement - Std. 3530 or 6610 EA $ 13,325.00 $ - $ - 57CCO1 Manhole Coating EA $ 30,750.00 $ - $ -
58CCO1 Construct Well / Cleanout - G5 - Std. 6710 EA $ 1,230.00 $ - $ - 59CCO1 Potholing (Depth - 0’ to 4') EA $ 666.25 $ - $ - 60CCO1 Potholing (Depth - 4' to 8') EA $ 973.75 $ - $ - 61CCO1 Potholing (Depth - 8'+) EA $ 1,332.50 $ - $ -
62CCO1 Pipe Excavation & Restoration (Depth - 0’ to 2.5’) LF $ 205.00 $ - $ - 63CCO1 Pipe Excavation & Restoration (Depth - 2.5’ to 8.5’) Shoring Required LF $ 410.00 $ - $ - 64CCO1 Pipe Excavation & Restoration (Depth - 8.5’+) Shoring Required LF $ 666.25 $ - $ - 65CCO1 Traffic Control - Eng. Std. Appendix G – Fig A HR $ 133.25 $ - $ - 66CCO1 Traffic Control - Eng. Std. Appendix G – Fig B HR $ 256.25 $ - 6 $ 1,537.50 67CCO1 Traffic Control - Eng. Std. Appendix G – Fig C HR $ 205.00 $ - $ - 68CCO1 Traffic Control - Eng. Std. Appendix G – Fig D HR $ 256.25 $ - $ - 69CCO1 Traffic Control - Eng. Std. Appendix G – Fig E HR $ 153.75 $ - $ - 70CCO1 Traffic Control - Eng. Std. Appendix G – Fig F HR $ 205.00 $ - $ - 71CCO1 Traffic Control - Eng. Std. Appendix G – Fig G HR $ 205.00 $ - $ - 72CCO1 Traffic Control - Eng. Std. Appendix G – Fig H HR $ 153.75 $ - $ - 73CCO1 Traffic Control - Eng. Std. Appendix G – Fig I HR $ 205.00 $ - $ - 74CCO1 Traffic Control - Eng. Std. Appendix G – Fig J HR $ 205.00 $ - $ - 75CCO1 Traffic Control - Eng. Std. Appendix G – Fig K HR $ 169.13 $ - $ - 76CCO1 Traffic Control - Eng. Std. Appendix G – Fig L HR $ 358.75 $ - $ - 77CCO1 Traffic Control - Eng. Std. Appendix G – Fig M HR $ 133.25 $ - $ - 78CCO1 Traffic Control - Eng. Std. Appendix G – Fig N HR $ 256.25 $ - $ - 79CCO1 Traffic Control - Eng. Std. Appendix G – Fig O HR $ 287.00 $ - $ - 80CCO1 Traffic Control - Eng. Std. Appendix G – Fig P HR $ 102.50 32 $ 3,280.00 32 $ 3,280.00 81CCO1 Minor Traffic Control HR $ 76.88 36 $ 2,767.50 32 $ 2,460.00 82CCO1 Abandon and Grout (E) Sanitary Sewer with Flowable Fill CY $ 153.75 $ - $ - 83CCO1 2" SCH 40 Conduit, 2-Sac Concrete Capped LF $ 61.50 $ - $ - 84CCO1 4" SCH 40 Conduit, 2-Sac Concrete Capped LF $ 66.63 $ - $ - 85CCO1 2" SCH 40 Conduit, City Standard 6035 - Trench Detail LF $ 66.63 $ - $ -

86CCO1 4" SCH 40 Conduit, City Standard 6035 - Trench Detail LF $ 71.75 $ - $ - 87CCO1 Electrical Pull Box, PG&E Type #2 (17"x30"x26") LF $ 1,025.00 $ - $ - 88CCO1
Pexco City Post (EAC Mount), 36'' Height, white w/ 3 Grey retroreflective strips ( or approved equal) LF $ 256.25 $ - $ - 89CCO1
Pexco City Post (EAC Mount), 18'' Height, white w/ 3 Yellow retroreflective strips ( or approved equal) LF $ 230.63 $ - $ - Estimated Cost $ 15,234.06 Actual Cost $ 15,463.15
Asphalt Concrete Material
Estimate
Tons Unit Price Cost 15% Markup Site Total

1.67 $ 100.00 $ 166.67 $ 25.00 $ 191.67
Estimate Total $ 191.67
Actual
Ticket Number and Plant Tons Unit Price Cost 15% Markup Ticket Total MARTIN MARIETTA 500009390 PLANT#8383 1 $ 104.51 $ 104.51 $ 15.68 $ 120.19 1234 Plant $ - $ - $ - $ -
1234 Plant $ - $ - $ - $ -
1234 Plant $ - $ - $ - $ -
Actual Total $ 120.19
Extra Work
Estimate
Est. No. Location Task Cost
111 Location X Install A $ -
222 Location Y Install B $ -
Estimated Total $ -
Actual
EW No. Location Task Cost
2417-001 878 ISLAY ROOT REMOVAL $ 1,134.16
2417-002 878 ISLAY RESET BRICK IN PARKWAY $ 449.09
Actual Total $ 1,583.25

Task Order - Paving Estimate
Location
Work
Order Address Description
No.

Patches L1 (ft) W1 (ft) L2 (ft) W2 (ft) L3 (ft) W3 (ft) Area
(SF)
AC Depth
(in) PCC/AC
Edge
Grind
(SF)
Reinforcing
Fabric (SY)
Adjust
Utility
Cover (EA) Tons of AC Adjusted Striping Detail
Striping
(ft/SF/EA)
Traffic Control
#1
Traffic Control
#2 Hours Notes
10 2 878 Islay Street Pave Out 1 15 3 45.0 6 1.7 1.9 Minor 4

1.75 1.9 Fog Seal Minor 4
2 A24 A

45.0 6 12" White Line B
10 1 C
PCC/AC 2 D
8 E
9 F
22 G
29 H
38 I
39 J
39A K
Markers L
Crosswalk M
Bike Lane Buffer N
Green Bike Lane Coating O
Remove Traffic Stripe P
Remove Marking

Task Order - Concrete Estimate
Location
Work
Order Address Description
No.

Patches
Total
Length
L1 (ft)
Total
Width
W1 (ft)
Tree Well Length
(Deduction)
L2 (ft)
Tree Well Width
(Deduction)
W2 (ft)
Number
of Tree
Wells
Other
(Deduction)
L3 (ft)
Other
(Deduction)
W3 (ft)
Area
(ft2
)
Mission
Style
Mission
Style Tile
(ft)
Curb and
Gutter (ft)
Curb Ramp
(SF)
Truncated
Domes (SF)
Cross
Gutter
(SF)
Driveway
Ramp (SF)
1 878 Islay Street Sidewalk and Driveway Replacement 1 6 6 36.0 172.5 Replacement Tree Wells 36.0 Regular 172.5
4' Mission
5'
6'
Enlarge

Repaint
Curb (ft)
Metal Sign
Posts and Sign
(EA) Traffic Control Hours Notes Cover Page Description P 32
Minor 32
Minor 32
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P 32

12.12.010

12.12.020

12.12.030

12.12.040
Chapter 12.12

CONSTRUCTION, RECONSTRUCTION AND REPAIR OF SIDEWALKS
Sections:

General provisions.

Notice of necessity for—Hearing—Notice to construct sidewalk—Construction by city—Notice of construction cost.

Cost of construction—Collection—Filing notice of lien.

Cost of construction—Alternative method of collection.

12.12.010 General provisions.

A. As used in this chapter, “sidewalk” includes a park or parking strip maintained in the area between the property line and the street line and also includes curbs, gutters, bulkheads, retaining walls or other works for the protection of any sidewalk or of any park or parking strip or any of the above.

B. This chapter constitutes a separate and alternative procedure for performing and collecting the cost of the work specified in herein. The procedures set forth in this chapter are in addition to and the limitations imposed by this chapter do not affect the powers conferred or procedures prescribed by Charter or the general law.

C. For purposes of this chapter “superintendent of streets” means the director of public services. (Prior code § 7350)

12.12.020 Notice of necessity for—Hearing—Notice to construct sidewalk—Construction by city—Notice of construction cost.

A. When the council preliminarily determines by resolution that the public interest, convenience and necessity require the construction, reconstruction or repair of sidewalks within the city, it shall cause to be published, a notice generally describing the location of the sidewalk or sidewalks to be constructed, reconstructed or repaired and shall specify the day, hour and place when the council will hear and pass upon objections or protests, if any, which may be raised by any property owner or other interested persons. The publications shall be by two successive insertions in a newspaper of general circulation published in the city. The first publication shall be at least twenty days before the date of hearing.

B. A copy of the notice shall be posted within three hundred feet of each parcel of real property liable to be assessed for the cost of any of the work. The posting shall be completed at least ten days before the date of hearing. No proceeding shall be held invalid for failure to post within three hundred feet of any parcel of the real property if this section has been substantially complied with; provided, that the publication of notice set forth in Your Selections | San Luis Obispo Municipal Code Page 1 of 5 The San Luis Obispo Municipal Code is current through Ordinance 1746, passed June 3, 2025.

subsection A of this section and the posting set forth in this subsection may be dispensed with upon written consent of the affected property owners wherein the property owners agree to the day and hour for the hearing.

C. On the day and hour fixed for the hearing, the council shall hear and pass upon the objections or protests of property owners or other interested parties.

D. If the council by no less than 4/5 vote of all the members thereof by resolution finds and determines that the public convenience and necessity require the construction, reconstruction or repair of the sidewalks described in the notice, or any part thereof, the Special Assessment, Investigation, Limitation and Majority Protest Act of 1931 shall not apply to the proceedings.

E. If the council makes the finding specified in subsection D of this section, it shall order the superintendent of streets to notify the owner or person in possession of the property fronting on the sidewalk to be repaired or reconstructed or fronting on that portion of the street in which no sidewalk has been constructed theretofore, to construct or cause to be constructed, repair or caused to be repaired, or reconstruct or cause to be reconstructed a sidewalk in the front of his or her property.

F. The superintendent of streets shall forthwith give notice to construct, reconstruct or repair by delivering a written notice personally to the owner or person in possession or by mailing a postal card, postage prepaid, to the person in possession or owner at his or her last known address as the same appears on the last equalized assessment roll of the city.

G. The notice shall particularly specify what work is required to be done, how it is to be done and what material shall be used in the construction, reconstruction or repair and shall further specify that if the construction, reconstruction or repair is not commenced within thirty days after notice is given and diligently and without interruption prosecuted to completion, the superintendent of streets shall cause the construction, reconstruction or repair, as the case may be, to be done and the cost of the same shall be a lien on the property. However, upon written request of an affected property owner, the thirty-day period and notice thereof may be waived and the superintendent of streets may with due diligence cause the work to be done and the cost of the same made a lien upon or collected with taxes against the property.

H. If the construction, reconstruction or repair are not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets shall forthwith cause the construction, reconstruction or repair to be done either with city forces or by contract duly let pursuant to the City Charter.

I. Upon the completion of the construction, reconstruction or repair, the superintendent of streets shall prepare and file with the council a report specifying the work which has been done, the cost thereof, a description of the real property in front of which the work has been done and the assessment against each lot or parcel of land. Any such report may include work done in front of any number of parcels of property, whether contiguous to each other or not.

J. Upon completion of the construction, reconstruction or repair, the superintendent of streets and the city clerk shall cause notice of the cost of the construction, reconstruction or repair to be given in the manner specified in this section for the giving of notice to construct, reconstruct or repair, which notice shall specify the day, hour and place when the legislative body will hear and pass upon a report by the superintendent of streets of the cost Your Selections | San Luis Obispo Municipal Code Page 2 of 5 The San Luis Obispo Municipal Code is current through Ordinance 1746, passed June 3, 2025.

thereof, together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost and any other interested persons.

K. Upon the day and hour fixed for the hearing, the council shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed and any other interested persons. Thereupon the council may make such revision, correction or modification in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The council may adjourn the hearing from time to time. The decisions of the council on all protests and objections which may be made shall be final and conclusive. (Prior code § 7350.1)

12.12.030 Cost of construction—Collection—Filing notice of lien.

A. The cost may be assessed by the council against the parcel of property fronting upon the sidewalk constructed, reconstructed or repaired, and such cost so assessed, if not paid within five days after its confirmation by the council, shall constitute a special assessment against such parcel of property, and shall be a lien on the property for the amount thereof from the time of recordation of the notice of lien, which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record.

B. The finance director may file in the office of the county recorder a certificate substantially in the following form:

NOTICE OF LIEN
Pursuant to the authority vested in me by Ordinance No. 1014 of the City of San Luis Obispo, I did on the ___ day of _________, 19___, cause the sidewalk, curb, gutter or perk or parking strip, bulkheads, retaining walls or other works (as the case may be) in the front of the real property hereinafter described, to be constructed, reconstructed or repaired, and the Council of said city did, on the ___ day of _________, 19___, by Resolution No. ____ assess the cost of such repair upon the real property in the sum of _______ dollars ($______), and the same shall be a lien upon the real property until the said sum, with interest at the rate of 10 percent per annum, from the said ___ day of _________, 19___ (insert date of confirmation of assessment), has been paid in full and discharged of record.

The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of San Luis Obispo, State of California, and particularly described as follows, to wit:
(Description of property)
Dated this ___ day of ____, 19____
Your Selections | San Luis Obispo Municipal Code Page 3 of 5 The San Luis Obispo Municipal Code is current through Ordinance 1746, passed June 3, 2025.

________________
Finance Director
C. From and after the date of recording the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. The Statute of Limitations shall not run against the right of the city to enforce the payment of the lien. If any such lien is not paid, the city may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed under Division 7 of the Streets and Highways Code of the state. (Ord. 1014 § 1, 1984: prior code § 7350.2)

12.12.040 Cost of construction—Alternative method of collection.

A. As an alternative method of collection of the amount of the lien, the council may, after confirmation of the report of the superintendent of streets, order the notice of lien to be delivered to the director of finance who shall enter the amount of the assessment on the city assessment roll opposite the description of the particular property, and the amount shall be collected together with all other taxes thereon against the property.

B. Thereafter the amount of the lien shall be collected at the same time and in the same manner as ordinary city taxes are collected and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes are hereby made applicable to such special assessment taxes.

C. If the assessment is one thousand dollars or more the council may authorize the assessment to be collected in installments on the tax roll, in which case the notice of lien shall contain an apportionment of the principal amount of the assessment into the number of yearly installments as ordered by the council. Such installments shall bear interest on the unpaid balance at a rate not to exceed ten percent per year. The interest shall begin on the first of the month following the confirmation of the assessment by the council. In the event such installments and accrued interest are not paid when due, then the full balance of such assessments and accrued interest shall become immediately due and payable and shall thereafter be subject to the same penalties and interest and to the same procedure under foreclosure and sale as in the case of delinquencies, as provided for ordinary city taxes.

D. The proceedings conducted under this chapter shall be subject to all the curative clauses and powers of reassessment provided in the Improvement Act of 1911 as said Act now exists or as hereafter amended. (Ord. 1014 § 2, 1984: prior code § 7350.3)
Your Selections | San Luis Obispo Municipal Code Page 4 of 5 The San Luis Obispo Municipal Code is current through Ordinance 1746, passed June 3, 2025.

The San Luis Obispo Municipal Code is current through Ordinance 1746, passed June 3, 2025.

Disclaimer: The City Clerk's Office has the official version of the San Luis Obispo Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.

City Website: www.slocity.org
City Telephone: (805) 781-7100
Hosted by General Code.

Your Selections | San Luis Obispo Municipal Code Page 5 of 5 The San Luis Obispo Municipal Code is current through Ordinance 1746, passed June 3, 2025.

STREETS AND HIGHWAYS CODE - SHC
DIVISION 7. THE IMPROVEMENT ACT OF 1911
PART 3. PERFORMING THE WORK
CHAPTER 22. Maintenance of Sidewalks
ARTICLE 1. General Provisions [5600 - 5602]
5600. As used in this chapter “sidewalk” includes a park or parking strip maintained in the area between the property line and the street line and also includes curbing, bulkheads, retaining walls or other works for the protection of any sidewalk or of any such park or parking strip. 5601. This chapter shall only apply to maintenance and repair proceedings, whether upon work originally done under this division or otherwise, and shall not be used for the construction of new improvements. The “Special Assessment Investigation, Limitation and Majority Protest Act of 1931” shall not apply to proceedings taken under this chapter. 5602. This chapter constitutes a separate and alternate procedure for performing the work specified herein and, except for the provisions of Part 5 of this division, no other provisions of this division shall apply to proceedings instituted hereunder.

ARTICLE 2. Repairs [5610 - 5618]
5610. The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto. 5611. When any portion of the sidewalk is out of repair or pending reconstruction and in condition to endanger persons or property or in condition to interfere with the public convenience in the use of such sidewalk, the superintendent of streets shall notify the owner or person in possession of the property fronting on that portion of such sidewalk so out of repair, to repair the sidewalk.
5612. Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of such city or to the name and address of the person owning such property as shown in the records of the office of the clerk.
5613. The postal card shall contain a notice to repair the sidewalk so out of repair, and the superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than 8 inches by 10 inches in size, to be posted in a conspicuous place on the property. In lieu of posting a copy of the mailed notice on the property

as provided in this section, the superintendent of streets may, not less than seven days nor more than 10 days after the mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked “Second Notice,” to the person to whom the first postal card notice was addressed. The second notice shall otherwise contain the material required by this article but shall not extend the time for commencing repairs specified in Section 5614. 5614. The notice shall particularly specify what work is required to be done, and how it is to be done, and what materials shall be used in the repair and shall further specify that if the repair is not commenced within two weeks after notice is given and diligently and without interruption prosecuted to completion, the superintendent of streets shall make such repair, and the cost of the same shall be a lien on the property.
5614.1. The legislative body may adopt a resolution determining that bonds shall be issued, and assessments collected and enforced pursuant to Part 5 of this division. In such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, payable over a period of not to exceed six years, and shall further recite a maximum rate of interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable semiannually.
5615. If the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets shall forthwith repair the sidewalk. Upon the written request of the owner of the property facing the sidewalk so out of repair, as ascertained from the last equalized assessment roll of the city, or as shown in the records of the office of the clerk, the superintendent may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The superintendent shall have power to prescribe the form of the written request. The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this chapter, subsequent notices are given, hearings held, and assessment and collection procedures are conducted. 5616. Upon the completion of the repair, the superintendent of streets shall cause notice of the cost of the repair to be given in the manner specified in this article for the giving of notice to repair, which notice shall specify the day, hour and place when the legislative body will hear and pass upon a report by the superintendent of streets of the cost of the repair together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons. If bonds are to be issued, the notice shall also contain the information required by Section 5614.1. 5617. Upon the completion of the repair, the superintendent of streets shall prepare and file with the legislative body a report specifying the repairs which have been made, the cost of the repairs, a description of the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not.
5618. Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons. Thereupon the legislative body may make such revision, correction or modifications in the report as it may deem just, after which, by motion or

resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed.

The legislative body may adjourn the hearings from time to time. The decisions of the legislative body on all protests and objections which may be made, shall be final and conclusive.

ARTICLE 3. Collection of Cost of Repair [5625 - 5630]
5625. The cost of the repair may be assessed by the legislative body against the parcel of property fronting upon the sidewalk upon which such repair was made, and such cost so assessed, if not paid within five days after its confirmation by the legislative body, shall constitute a special assessment against that parcel of property, and shall be a lien on the property for the amount thereof which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record.
5626. The superintendent of streets may file in the office of the county recorder of the county in which the parcel of property is located, a certificate substantially in the following form:

NOTICE OF LIEN
Pursuant to the authority vested in me by the Improvement Act of 1911, I did, on the ____ day of ____, 19_, cause the sidewalk, curb, or park or parking strip, bulkheads, retaining walls, or other works (as the case may be) in front of the real property hereinafter described, to be repaired and improved, and the legislative body of said city (county, or city and county) did, on the ____ day of ____, 19_, by Resolution No. ____ assess the cost of such repair upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said city (county, or city and county), does hereby claim a lien on said real property in the sum of ____ dollars ($____), and the same shall be a lien upon said real property until the said sum, with interest at the rate of ___ percent per annum, from the said ____ day of ____, 19_ (insert date of confirmation of assessment), has been paid in full and discharged of record.

The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the (name of city, or city and county) the county of ____, State of ____, and particularly described as follows:
(Description of property)
Dated this _____ day of ____, 19___.

Superintendent of Streets
5627. From and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. The statute of limitation shall not run against the right of the city to enforce the payment of the lien. If any such lien is not paid the city may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed under this division.
5628. As an alternative method of collection of the amount of the lien, the legislative body, after confirmation of the report of the superintendent of streets, may order the notice of lien to be turned over to the assessor and the tax collector of the city, whereupon it shall be the duty

of those officers to add the amount of the assessment to the next regular bill for taxes levied against the lot or parcel of land. If city taxes are collected by the county officials, the notice of lien shall be delivered to the county auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment book to the county board of equalization.
5628.1. The legislative body shall have the power, in its discretion, to determine that the payment of assessments of one hundred dollars ($100) or more may be made in annual installments, not to exceed five, and that the payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the legislative body, not to exceed the rate permitted for bonds by Section 53531 of the Government Code. Interest shall begin to run on the 31st day after the confirmation of the assessments by the legislative body.

Determinations of the legislative body shall be expressed by resolution at any time prior to the confirmation of the assessments.
5629. Thereafter the amount of the lien shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes and county taxes are hereby made applicable to such special assessment taxes. 5629.1. If bonds are to be issued to represent the security of the unpaid assessments, upon confirmation of the report by the legislative body the superintendent of streets shall give notice to pay by mail and by publication substantially in the manner provided by Sections 4320 and 4321 of this code. The period for payment in cash stated therein shall be 30 days following the date of confirmation of the report. Upon completion of the cash payment period, the superintendent of streets shall file with the county recorder a certificate substantially in the form set out in Section 5626, giving notice therein that interest is payable at a rate to be fixed upon the sale of bonds, which rate shall not exceed the rate permitted for bonds by Section 53531 of the Government Code, and shall begin to run on the 31st day after the confirmation of the report. Thereafter the provisions of Part 5 (commencing with Section 6400) shall be applicable and payments on assessments at bond shall be made as therein provided. The bonds may be issued and sold as the legislative body directs and may be dated at any time after the expiration of the cash payment period.
5630. Whenever the property fronting on a sidewalk required to be maintained and repaired pursuant to the provisions of this chapter lies within one city or unincorporated territory of a county, and the sidewalk required to be so maintained and repaired lies within another city or unincorporated territory of a county, the superintendent of streets of the city or county having jurisdiction over the sidewalk shall have full authority to serve notices to repair and do all work contemplated by Articles 2 and 3 of this chapter, notwithstanding the fact that the property fronting on the sidewalk lies within another city or unincorporated territory of a county. The legislative body of the city or county within which the sidewalk has been repaired pursuant to the provisions of this chapter shall have jurisdiction to levy an assessment to pay the cost of any such sidewalk repairs against the parcel of property fronting on said sidewalk, notwithstanding the fact that said property lies within another city or unincorporated territory

of a county and said assessment shall be a lien on said property for the amount thereof until the assessment and all interest thereon is paid or until it is discharged of record.

The provisions of Sections 5628 and 5629 of this code shall be applicable to the collection and enforcement of all liens levied pursuant to the provisions of this section and the amount so collected shall be paid to the treasurer of the city or county as the case may be which conducted the proceedings.

Public \lbrks
91 9 Palm Skeet. San Luis 0bispo, CA 93401 -321 B
805.781.7200
slocity.org
June 2,2025
Edward Sommers
3111 Flannery Road
San Pablo, CA, 94806
Subject: Final lnformal Notice to Correct - 878 lslay Street, San Luis Obispo Dear Property Owner:

The City of San Luis Obispo Public Works Department received a community complaint regarding the deteriorated condition of the frontage improvements adjacent to your property at 878 lslay Street. Staff have sent you lnformal Notices informing you of the dangerous condition and the need to comply with San Luis Obispo's Municipal Code, which identifies the curb, gutter and sidewalk adjacent to your property as being the maintenance responsibility of the property owner. . 12.16.020 Property owner's responsibility - City Municipal Code The maintenance, repair and collection of the cost of repair shall be governed by the procedure sef forth in Division 7, Paft 3, Chapter 22 of the Streets and Highways Code of the state. (Prior code $ 7330.1)
The last informal notice sent to you on 211012025, indicated the item would be heard by the City Council on 512012025 if the condition of the frontage improvement is not corrected, with staff recommending the Council authorize the issuance of a formal Notice to Correct. The City Council authorized staff to issue a Formal Notice to Correct for the deteriorated frontage improvements, however, Councils' direction included granting a 30-day extension prior to issuing the Formal Notice to Correct.

Attachment A provides the limits of deteriorated sidewalk and drive approach that must be replaced to abate this dangerous condition. The required work requires an Encroachment Permit and shall be completed in compliance with the City's Engineering Standards and Specifications.

The Public Works Department will issue a formal Notice to Correct on July 7,2025, if you fail to take appropriate action to correct the dangerous condition. Per the States'streets and Highway Code (Attachment D), you are required to start the work within 14 days of the first Formal Notice to Correct or the City is required to complete the work and pursue cost recovery, if authorized by the City Council.

To avoid the issuance of a Formal Notice to Correct, you shall obtain an encroachment permit no later than July 7 ,2025, and start the work no later than July 21,2025.

Please feelfree to contact me with any questions at [email protected].

Sincerely, M
Deputy Director - Maintenance Operations
Public Works Department
Cc:

City Attorney's Office
Public Works Construction Manager
Encroachment Permit Tech nicians
Attachments:

A- Frontage lmprovement Limits
B - Encroachment Permit Application
C - Sidewalk Brochure
D - Streets and Highways Code

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878 ls St
1543 Morro St
Replace sidewalk and driveway approach
Concrete sidewalk replacement dimensions shall be as follows:

1.) Match existing sidewalk width of approximately 6 feet

2.) Length to begin at property line and extend a minimum oI 21 feet to the west .) Driveway approach shall be replaced to match sidewalk grade and street line levation.
property line and end at existing joint.

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Complete Concrete Failure
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CITY OF SAN LUIS OBISPO
Community Development Department, Engineering Division
919 Palm Street
San Luis Obispo, CA 9340f
(8os) 781-7111
[email protected]
http ://www.slocitv.org/encroachment
Company/Contractor Name
Contractor' s License Number
Mailing address
Encroachment Permit Application
Contact
Office phone
Cell phone
Email
Personl
I
Underground Service Alert (USA) #
Address of Work
of Work
Required Attachments (see link above for forms and templates) ffi Proposed Schedute including start date, number of working days and hours of work.

U Construction Plans: Work must conform to City Engineering Standards and Standard Specifications unless alternate plans are approved. Plans shall reference specific Engineering Standards, as they apply. ffi Insur"nce for private encroachment permit projects
o Certificate of liahility insurance with at least $1 million in general liability coverage; and onamingtheCityofSanLuisobispoasadditionalinsured.

See example at the link above for your insurance provider to issue under your policy.

U Insurance for Capital Improvement Projects (not for private development):
o Applies to public projects or contracts with the City of San Luis Obispo. Public projects require a liability insurance certificate and a CG 2010 endorsement, coordinated through Public Works Administration at 805-7 8l -7 200.
ffi Contractor License: Provide a current valid copy, licensed for the type of work to be performed. m City Business License: A current City business license must be maintained. For information on obtaining a City business license, please contact the Finance Department.

U Water Pollution Control Plan
ffi traffic and Pedestrian Control Plan: Allow at least five working days for City Transportation Division review of minor projects and at least 10 working days for larger projects. ffi Xigttt Work Permit: A separate permit must be obtained through the Community Development Department if work between the hours of 7pm to 7arm is necessary. Contact the Planning Division at 805-781-7170 to apply for a night work permit. To allow adequate time for processing, please submit applications at least four weeks prior to the proposed start date of the work. Night work requires a separate application fee and additional inspection fees for overtime.
ffi Pay-ent of Encroachment Permit Fees: Please find current fee schedule available at the link above.

Aleas of less severe damage are completed as the
next priority, working around the City in a
systernatic {'ashion in advatrce of the pavingprogram. J'hat can mean the sidewalk will not be replaced tbr several years. Damage other thanthat caused by street trees needs to be completed by the propetty owtrer.

Related to sidewalk repair is clearance and
visibility. When is maintenance required?
. Visibility When parkway strip shrubbery
interl'eres with the ability of a driver to seepedestrians or approaching trafflc, either tiorrr a driveway or an intersection, trimming
of shrubs nrust be completed by the propefty
owner. Shrubs must be trimrrred to a
maxinrum height of 36", fbr a mininrum
distarrce of 30' fionr an intersection.(Municipal Code 10.60 and 17.16.020) . Walkway and Gutter Clearance - Trimming
ol'ground cover or shrubs is required whenthe plants extend onto or over the sidewalk, gutter. 0r street.
. Parkway Strip Condition - All tree stumps,
large rocks. trash and holes rnust be removedby tlre property owner. 'Ihe parkway stripmr.rsl be level and holes rrrust be fllled and leveled with dirt or other material.

When is a permit required for landscape
maintenance work?
11'the sidewalk or the street must be closed for
the work, a permit is required from Public
Works. Call (80.5)78 I -701 5 tbr additional
inlormatiorr. If a tree is to be removed, a tree
removal perrnit rnust be obtained. Applications
f<lr tlee retnoval are available on the City's website on the Public Works page www.slocity.orgor call 78 l-1220 fbr additional inforrnation.

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Sidewalk
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Parkway Strip
Maintenance
Properfy Owner
Responsibilities
Department of Public Works
805-781-1220805-781-7015

l'he City recerves lrlany requests fionr citizerrs to
rlake repairs to sidewalks. l'his brochr-rre
provides general irrformation to the public on this
sub.ject.

What is the sidewalk, parkway, and curb and
gutter?
I he sidewalk, parkway strip, and curh & gutter
are typically rrade o1'concrete and located next
to the street on the front and/or side porlion ot'
your property. '['he curb and gr.rtter are located at
the edge of the street pavement. The sidewalk is
cither separated from the curb by a parkwaystrip, or is located adjacent to the curb.Parkways are sometirnes planleci or fllled in with brick or othcr materials.

Who is responsible for maintenance? 'I'he property owner is responsible for properly rrairrtaining this area (see San L.uis ObispoMrrnicipal Code Section 12.16.020 and Srreets and llighway Code Divisiorr 7, Part 3, Chapter
22). l'his rcsponsibility includes maintenance ol'
clarnaged or displaced concrete and abaterrrent ofweeds ur debris. While the City rlay be liable forin.juries to pedestriarrs that are determilred to have resulted frorn a dangerous condition rtf a
pLrblic sidewalk, propefiy owners should be
awarc that they rnav also be fbund liable if it is
cleternrined that their negligerrce caused solleone
to lre hanncd.

When should property owners consider doing
sidewalk replacement?
Iieplaccrlent of the sidewalk, cr-rrb and gutter
concrete should be considered wherr onc or ntore
of the lbllowing exists:
r When tlrere is a vertical ditference in height
between sections of the sidewalk or concrete
parkway strip o1'-j/4" or ntore. . I1'the concrete has broken apar1. o ln any instance where the owrrer has reasoll
to krrow that tlre condition presents a danger
to Llsers. or the owner has observed someone
trip because o1'dantage to the surface.

In addition to darnaged sections of'sidewalk, culb
and gutter rcplacernent is typically recluired whensidewalks and drivcways are replaced, unless the sidewalk is separated fiorn the curb by a
parkway. I)atching should be cornpieted when
horizontal openings greater than l/2" exis1.What are the options available for completing the work?
I'he City lecornrnends constluction ol cLrrbs,
gLltters, ancl sidewalks in City streets be
perfolrned by a properly iicensed and insured
contractor. A perrnit is reclLrired fbr concreterepair. Call (80,5)781-701-5 for permir reqr"riremenls.

Are there inspections and standards for
concrete repair work?
Yes, all work ancl nraterials ntusl be irr
confirrrnance with the ()ity of' San l.uis Obispo
[:ngineering Standarcls tor Public Wori<s
C-onstructitx.Befbre placing any concrete, you must have any tree root renroval approvcd, and the saw cLlt,
fonns, and base inspected. After approval, a
Ciity-approved concrete rnix rnust be used. 'l-hesr"rrface llnish rnust be a light broom finish with score rnarks. Alter the work is conrpleted, youmust call tirr a final inspecrion A perrnit is recluired firr all concrete work in the
public right-of'-way. llngineering Stanclalds for
construotion are available on the Crty's web site
on the Public Wolks page www.slocity.org. For
information on obtairring a penlit call (80-5)78l70t5. ls the property owner responsible for repairs
if the concrete damage is caused by a tree?
'l'he Ciity encourages street trees in fiont o1'
residences. (Municipal Code lr2.24.010) 'l'he
property owner is responsible fbr thernairrtenance of the street tree but the City will repair the sidewalk when the concrete has been
damagecl by a street tree, as funding is available,
ancl tinreci with tlre area rotation program.
(loncrete dalnaged by trees other than street trees is the responsibility of the propefty owner.

Maintenance. trir.rtrnirrg and replar:erlent of street
trees ancl shrirbs is governed by Chapter

12.?4.110, 12.24.120 and 12.24.t50 of' the
MunicipalCode.

What measures should be taken to minimize
concrete displacement by tree roots?Cefiain species of trees rnay raise concrete i1' preventative rnaintenance is not perfbrmed. '[oreduce the chance of futr-rre concrete dispiacernent, trees can be rool-prunecl. Carcrrust be taken wlren root prLrn irrg to avoicl damaging underground utilities or destabilizing
or harrrring the tree. l'his work mr-rst be cornpleteclby a licensed arborist. Also, deep- watering the tree, that is. applying a slow tlickle of' waterover a 24-hour period, encourages deeper rtxrt growth which reduces the chance o1' sidewalk
damage.
lf a problem is reported to the City, how long
does it take for a repair?
When a report is rrrade to the City, it is entered
in to the work order program. Subject to the
availability of resources and personnel, the Citywill attenrpt to review the site within a week ofentry of the work order. lf a ternporary repair, such as grindirrg or ramping tlre area carr bemade. the City will generally attempt to cornplete that work within two weeks. Severe danage
caused by a street tree, which cannot be repairecl
aclequately, will be reconstrlrcted as s(x)n asresollrccs and available personnel ailow.

STREETS AND HIGHWAYS CODE - SHC
DIVISION 7. THE IMPROVEMENT ACT OF 1911
PART 3. PERFORMING THE WORK
CHAPTER 22. Maintenance of Sidewalks
ARTICLE 2. Repairs
5610. The owners of lots or portions of lots fronting on any portion of a pubtic street or ptace when that street or ptace is improved or if and when the area between the property line of the adjacent property and the street tine is maintained as a park or parking strip, shat[ maintain any sidewatk in such condition that the sidewal.k witt not endanger persons or property and maintain it in a condition which witt not interfere with the publ.ic convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewatk by any person other than the owner, under and by virtue of any permit or right granted to him by taw or by the city authorities in charge thereof, and such persons shatl. be under a tike duty in retation thereto. 5611. When any portion of the sidewal.k is out of repair or pending reconstruction and in convenience in the use of such sidewatk, the superintendent of streets shatl notify the owner or person in possession of the property fronting on that portion of such sidewatk so out of repair, to repair the sidewatk.
5612. Notice to repair may be given by detivering a written notice personatly to the owner or to the person in possession of the property facing upon the sidewatk so out of repair, or by maiting a postat card, postage prepaid, to the person in possession of such property, or to the owner thereof at his Last known address as the same appears on the Last equatized assessment rotts of such city or to the name and address of the person owning such property as shown in the records of the office of the cterk.
5613. The postat card shatt contain a notice to repair the sidewatk so out of repair, and the superintendent of streets sha[t, immediatety upon the maiting of the notice, cause a copy thereof printed on a card of not tess than 8 inches by 10 inches in size, to be posted in a conspicuous ptace on the property. ln tieu of posting a copy of the mai[ed notice on the property as provided in this section, the superintendent of streets may, not less than seven days nor more than 10 days after the maiting of the first postat card notice, maiI an additionaI postaI card, postage prepaid, marked "second Notice," to the person to whom the first postat card notice was addressed. The second notice shatt otherwise contain the material, required by this articte but shatt not extend the time for commencing repairs specified in Section 5614. 5614. The notice shatt particularty specify what work is required to be done, and how it is to be done. and what materiats shalt be used in the repair and sha[[further specify that if the repair is not commenced within two weeks after notice is given and dil.igentty and without interruPtion of the same shat[ be a lien on the property.
5614.1. The tegistative body may adopt a resotution determiningthat bonds shatt be issued, and assessments cottected and enforced pursuantto Part 5 of this division. ln such event, the notice to repair shatt specify that bonds shal.t be issued to represent the security of the unpaid assessments, payabte over a period of not to exceed six years, and shatt further recite a

maximum rate of interest to be paid on the indebtedness, which shatt not exceed 7 percent a year, payabte semiannua[ty.
5615. lf the repair is not commenced and prosecuted to comptetion with due ditigence, as required by the notice, the superintendent of streets shattforthwith repair the sidewatk. Upon the written request of the owner of the property facing the sidewal.k so out of repair, as ascertained f rom the [ast equalized assessment rot[ of the city, or as shown in the records of the office of the cterk, the superintendent may repair any other portion of the sidewatk fronting on the property that is designated by the owner. The superintendent shatt have power to prescribe the form of the written request. The cost of repair work done by request pursuant to this section shatt be a part of the cost of repairs for which, pursuant to this chapter, subsequent notices are given, hearings hetd, and assessment and cottection procedures are conducted. 5616. Upon the completion of the repair, the superintendent of streets shal.t cause notice of the cost of the repair to be given in the manner specified in this articte for the giving of notice to repair, which notice shattspecifythe day, hour and place when the Legistative bodywitt hear and pass upon a report by the superintendent of streets of the cost of the repair together with any objections or protests, if any, which may be raised by any property owner tiabl.e to be assessed for the cost of such repair and any other interested persons. tf bonds are to be issued, the notice shatt atso contain the information required by Section 5614.1 . 5617. Upon the comptetion of the repair, the superintendent of streets shatl prepare and fite with the tegistative body a report specifying the repairs which have been made, the cost of the repairs, a description of the reaI property in front of which the repairs have been made and the assessment against each lot or parcel of tand proposed to be levied to pay the cost thereof . Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not.
5618. Upon the day and hour f ixed for the hearing the tegistative body shatt hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners tiabl.e to be assessed for the work of making such repair and any other interested persons. Thereupon the tegistative body may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resotution, the report as submitted, or as revised, corrected or modified, shat[ be confirmed.

The tegistative body may adjourn the hearings from time to time. The decisions of the tegistative body on at[ protests and objections which may be made, shatt be finaI and conctusive.

Item 7c
Department: Administration
Cost Center: 208-1006
For Agenda of: 10/21/2025
Placement: Public Hearing
Estimated Time: 20 Minutes
FROM: Greg Hermann, Deputy City Manager
Prepared By: Laura Fiedler, Economic Development & Tourism Manager SUBJECT: ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS

IMPROVEMENT DISTRICT

RECOMMENDATION

1. Conduct a public hearing to receive testimony regarding the City Council’s intention to continue the San Luis Obispo Tourism Business Improvement District and determine whether a legally sufficient protest is made; and

2. If no legally sufficient protest is made, adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, declaring the basis for and the levy of the assessment for the San Luis Obispo Tourism Business Improvement District and affirming the establishment of the District.” (Attachment A)

POLICY CONTEXT
In June 2008, the Council adopted Ordinance No. 1517 establishing a tourism business improvement district as requested by the local lodging industry. The district was formed under the State’s Parking and Business Improvement Law of 1989, sections 36500 et seq. of the Streets and Highways Code, and codified into the City’s Municipal Code under Chapter 12.42. Pursuant to Municipal Code Section 12.42.060 and Sections 36530 and 36533 of the State’s Parking and Business Improvement Law, the appointed TBID Advisory Board is to submit an annual report that outlines the past year’s efforts and how the funding was used and to what effect. Section 36534 further requires that, after the approval of the annual report, if the TBID is intended to continue, the Council shall adopt a resolution of intention to levy an annual assessment for that fiscal year. The resolution also sets a public hearing to receive any written or oral protests against the continuation of the TBID as required by the applicable statute
As referenced in the City’s Municipal Code, 12.42.060 and Sections 36524 and 36525 of the California Streets and Highways Code, after approval of the annual report of the City’s Tourism Business Improvement District (TBID), the City Council shall follow the public hearing process as identified in the relevant statutes and ordinances of the TBID. At the public hearing, the City Council shall hear and consider all protests. If written protests are

Item 7c
received from hotel businesses in the district paying 50% or more of the annual assessment, no further proceedings to continue the levy of assessments shall take place for fiscal year 2025-26. The protests shall be weighted based upon the annual assessment for the prior year by each hotel business. (Ord. 1517 § 3 (part), 2008)

DISCUSSION
Background
As noted above, in June of 2008, the City Council adopted an ordinance establishing the Tourism Business Improvement District (TBID). The TBID allows the hotel industry to raise funds solely dedicated to tourism marketing and promotions to attract visitors to San Luis Obispo. Currently the City TBID assessment is 2%. The TBID is inclusive of all lodging properties in the City of San Luis Obispo including hotels, motels, bed and breakfasts, hostels, inns and owner-occupied homestays.

According to the City’s Municipal Code 12.42.100, the Tourism Business Improvement District Board (TBID Board) is an advisory body that “shall review the implementation of this chapter, the implementation of programs and activities funded through this chapter, and advise the city council on the amount of the district’s assessments and on the services, programs, and activities to be funded by the assessments, and shall perform such other duties as required by the law, including preparing the annual report required by Section 36533 of the law.” The Board consists of seven members from the San Luis Obispo lodging industry and advises the City Council in the administration and use of the TBID assessment funds. The Board recommends projects to promote tourism through their public facing brand, Visit San Luis Obispo, to the City that directly benefit its lodging industry.

On October 7, 2025, Council reviewed and approved the San Luis Obispo Tourism Business Improvement District (TBID) Board’s annual report pursuant to Municipal Code Section 12.42.060.

The City’s Municipal Code further requires that, after the approval of the annual report, Council may choose to adopt a resolution of intention to levy an annual assessment for that fiscal year and schedule a public hearing to receive any written or oral protests against the district. Resolution No. 11600 (2025 Series), setting such a hearing, was adopted on October 7, 2025 (Attachment A).

Following the Council action on October 7, 2025, all lodging businesses within the district including hotels, motels, bed and breakfast properties and the City permitted homestays, were noticed for the public hearing scheduled for October 21, 2025. Those notices were sent on October 9, 2025, to all assessed properties.

Following the Public Hearing, should a sufficient written or oral protest from hotel businesses in the district which pay fifty percent or more of the assessment not be received, a continuation of the assessment will be levied for the TBID which shall be used

Item 7c
to promote lodging at the hotels within the district and administer marketing programs that increase overnight lodging.

Previous Council Action
As set forth in Sections 36524 and 36525 of the California Streets and Highways Code and San Luis Obispo Municipal Code Section 12.42.060, the Council has the ability to continue the San Luis Obispo TBID at the public hearing, unless oral or written protests are received from City hoteliers that will pay 50% or more of the proposed assessments.

Under Municipal Code Section 12.42.060, protests are weighted based upon the annual assessment for the prior year by each hotel. Staff will have assessment information available at the meeting, but for confidentiality reasons, this information is not made public before or at the meeting. In the event that a sufficient negative protest occurs, no further proceedings to continue the levy of assessments for that fiscal year shall take place.

At the conclusion of the public hearing, if insufficient protest is received, Council may then adopt a resolution affirming the continuation of the San Luis Obispo TBID, setting forth the basis for the assessment, and levying the assessment upon hotels in the district for fiscal year 2025-26 (Attachment A).

Public Engagement
This item is on the agenda for the October 21, 2025, Council meeting and will follow all required postings and notifications. The public will have an opportunity to comment on this item at or before the meeting.

All Advisory Body meetings for the TBID were noticed in accordance with Brown Act standards. Legal notices regarding the Council’s consideration to continue the San Luis Obispo TBID were published in the New Times and mailed to TBID properties on October 9, 2025. For convenience, the notice was also distributed to TBID constituents and stakeholders via email.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to the recommended action in this report, because the action does not constitute a “project” under CEQA Guidelines sec. 15378.

FISCAL IMPACT
Budgeted: Yes Budget Year: 2025-26
Funding Identified: Yes

Item 7c
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ $ $ $
State
Federal
Fees
Other: TBID $2,219,941 $0 $2,219,941 N/A
Total $2,219,941 $0 $2,219,941 $N/A
For FY 2025-26, the TBID projected revenue is $2,219,941 and is budgeted for program costs including staffing, which is intended to be used for tourism marketing and promotion.

All costs associated with TBID program expenditures are paid with TBID revenues. The City retains 2% of TBID revenues to offset administrative overhead in the General Fund which amounts to $44,399 in FY 2025-26 based on current revenue assumptions.

ALTERNATIVES

1. Delay the public hearing. In addition to the legal noticing, staff provided additional constituent outreach. In the event that the City receives close to 50% protest, the Council could delay the public hearing in order verify protest submissions.

2. Do not adopt the resolution. If the Council were to decline to adopt the resolution due to an interest in disestablishing the TBID, it would subsequently need to adopt a resolution of intention to disestablish the TBID and thereafter adopt an ordinance at a public hearing disestablishing district. Upon disestablishment, any remaining revenues from the levy of assessments would need to be refunded to the owners of businesses within the area. If the TBID was disestablished, the major source of revenue used to promote San Luis Obispo as a tourism destination would be eliminated, which may impact visitation and ultimately the City’s revenue. The visitor economy is important source of revenue for the City: almost 70 percent of sales tax revenue comes from visitors as well as 100 percent of the Transient Occupancy Tax, which historically have combined to represent about 40 percent of the City’s general fund budget.

ATTACHMENTS
A – Draft Resolution to Continue the TBID in FY 2025-26

R _____
RESOLUTION NO. _____ (2025 Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS

OBISPO, CALIFORNIA, DECLARING THE BASIS FOR AND THE LEVY

OF THE ASSESSMENT FOR THE SAN LUIS OBISPO TOURISM

BUSINESS IMPROVEMENT DISTRICT AND AFFIRMING THE

ESTABLISHMENT OF THE DISTRICT
WHEREAS, the Parking and Business Improvement Law of 1989, sections 36500 et seq. of the Streets and Highways Code, authorizes cities to establish business improvement districts for several purposes, one of which is promotion of tourism; and WHEREAS, the lodging businesses within the proposed City of San Luis Obispo Tourism Business Improvement District had requested the City of San Luis Obispo establish such a self-assessment improvement district in 2008; and WHEREAS, the San Luis Obispo Tourism Business Improvement District was established in July 2008, and the San Luis Obispo Tourism Business Improvement District Law was incorporated into the Municipal Code under Chapter 12.42; and WHEREAS, the City Council appointed the Tourism Business Improvement District Board to carry out the functions specified in Street and Highways Code Section 36530, and to provide oversight, guidance, and recommendations regarding the use of the assessment funds; and
WHEREAS the San Luis Obispo Tourism Business Improvement District Law and the Parking and Business Improvement Law of 1989 requires the advisory body to prepare and submit an annual report stating proposed changes, improvements and activities for the fiscal year; and
WHEREAS, such report was filed and approved by the City Council on October 7, 2025.

WHEREAS, on October 7, 2025 the City Council adopted Resolution No. 11600 (2025 Series) declaring its intention to continue the San Luis Obispo Tourism Business Improvement District in 2025-26; and
WHEREAS, notices regarding the approval of the public hearing were sent on October 9, 2025 to all assessed properties; and
WHEREAS, the City Council held a duly noticed Public Hearing on October 21, 2025 to allow for protests, as contemplated by Streets and Highway Code Section 36524; and
WHEREAS, sufficient written or oral protest was not received from hotel businesses in the district which pay fifty percent or more of the assessment;

Resolution No. XXXX (2025 Series) Page 2
R ______
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
a) The establishment of Tourism Business Improvement District in the City of San Luis Obispo in accordance with the San Luis Obispo Tourism Business Improvement District Law, San Luis Obispo Municipal Code Chapter 12.42, and the California Streets and Highways Code, section 36500 et seq. (Parking and Business Improvement Law of 1989) is affirmed.
b) The assessment levied by the Tourism Business Improvement District shall be used to promote lodging at the hotels within the district and administer marketing programs that increase overnight lodging.
c) The assessment shall be levied and allocated by the City of San Luis Obispo. d) The assessment shall to be levied on all “hotels”, as that term is defined in San Luis Obispo Municipal Code section 3.04.020, to wit: any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof.
e) The assessment shall be based on two percent (2%) of gross room rent. f) New hotels shall not be exempt from immediate assessment.

Upon motion of _______________________, seconded by
_______________________, and on the following roll call vote:

AYES:

NOES:

ABSENT:

The foregoing resolution was adopted this _____ day of _____________________, 2025. ________________________________
Mayor Erica A. Stewart
ATTEST:
____________________________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM:

Resolution No. XXXX (2025 Series) Page 3
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, this ______ day of ______________, 2025. ____________________________________
Teresa Purrington, City Clerk

City of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: October 21, 2025
TO: Mayor and Council
FROM: Timmi Tway, Community Development Director
Prepared By: Mallory Patino, Assistant Planner
VIA: Whitney McDonald, City Manager
SUBJECT: ITEM 7d - REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S

DECISION TO REVOKE A USE PERMIT FOR OPERATION OF A
FRATERNITY ORGANIZATION AT 1236 MONTE VISTA PLACE (USE0332-2025, APPL-0665-2025) Staff received the following questions regarding noise violations and citation issuance, and the applicant and appellant of USE-0332-2025 and APPL-0665-2025. The questions are below in bold with staff’s response shown in italics:
1) When a noise violation is issued at the fraternity house, who receives the citation? An individual or the fraternal organization?
Citations for noise violations are issued by the Police Department to the person or persons in violation. When the violators are a large group, the Police identify an individual tenant of the property to issue the citation directly to. The Police issue a separate citation for the violation to the property owner/landlord (if they are not the persons in violation) upon a second or successive violations. All tenants of 1236 Monte Vista Place are members of the Delta Chi fraternity organization.

A noise violation citation from the Police Department constitutes, at minimum, a violation of Use Permit (U106-98) Condition No. 121. Notice of Violations or Citations for Use Permit violations are issued to the property owner by Code Enforcement. A copy of the notice is provided to the tenants of the property.

1 Condition 12. 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 may constitute grounds for revocation of this permit.

Item 7d. REVIEW OF 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) Page 2
2) Can you clarify who is applying for the CUP and who has appealed? Is it the "Delta Chi Fraternity" and/or the property owner (the housing corporation)? The applicant for the original Use Permit (U106-98, approved in 1998) was Kappa Sigma Housing Corporation. Per Municipal Code Section 17.110.090, CUPs “…shall run with the land and continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved.” Delta Chi fraternity moved into 1236 Monte Vista Place in 2012 and assumed use of the Use Permit. The Community Development Director referred the Use Permit for re-review by Planning Commission (USE-0332-2025) and Delta Chi Fraternity was listed as the “applicant.” Delta Chi Fraternity appealed the Planning Commission’s decision to revoke the Use Permit for operation of a fraternity at 1236 Monte Vista Place (APPL-0665-2025). Neither of these entities are the property owner.

Item 7d
Department: Community Development
Cost Center: 4006
For Agenda of: 10/21/2025
Placement: Public Hearing
Estimated Time: 90 minutes
FROM: Timmi Tway, Community Development Director
Prepared By: Mallory Patino, Assistant Planner
SUBJECT: REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S

DECISION TO REVOKE A USE PERMIT FOR OPERATION OF A
FRATERNITY ORGANIZATION AT 1236 MONTE VISTA PLACE (USE0332-2025, APPL-0665-2025)

RECOMMENDATION
Adopt a Draft Resolution entitled, “Resolution of the City Council of the City of San Luis Obispo, California, denying an appeal and upholding the Planning Commission’s decision to revoke the use permit for a fraternity located at 1236 Monte Vista Place. The project is exempt from environmental review under Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines as represented in the council agenda report and attachments dated October 21, 2025 (USE0332-2025, APPL-0665-2025).” (Attachment A)

REPORT-IN-BRIEF
On August 12, 1998, the Planning Commission approved a Use Permit (U106-98) (Attachment B - PC Resolution No. 5230-98) to allow a fraternity (Kappa Sigma) at the multifamily apartment complex at 1236 Monte Vista Place. Delta Chi (Appellant) has continued the use as a fraternity organization under the approved Use Permit since moving into the complex in 2012. In 2025, the Community Development Director (Director) referred the existing Use Permit to the Planning Commission for re-review based on several recent violations of the permit conditions.

On May 28, 2025, the Planning Commission conducted a public hearing for the re-review of the Use Permit for the continuation of the fraternity. The Planning Commission voted 5-0 to revoke the Use Permit because they could not make the required findings enumerated in San Luis Obispo Municipal Code (SLOMC) §17.110.070. Specifically, the Planning Commission found that the design, location, size, and operating characteristics of the use was not compatible with residential uses in the vicinity (§17.110.070(A)(3)), and that continued use of the property as a fraternity under the Use Permit was not appropriate for the subject location, was incompatible with the neighborhood, and would be detrimental to the health, safety, and welfare of persons living or working at the site or in the vicinity (§17.110.070(A)(5)). The Planning Commission was not satisfied that any

Item 7d
set of conditions would secure these purposes. On June 11, 2025 Resolution No. PC1102-2025 was ratified with the final Planning Commission decision. This decision does not prevent the Appellant from re-applying for a new use permit if they choose.

On June 20, 2025, the Delta Chi Fraternity filed a timely appeal of the Planning Commission’s decision to revoke the Use Permit (APPL-0665-2025) (Attachments C and D – Appeal Form and Supplemental Statements). As described in the Appeal Form and statements, the Appellant does not concur with the findings that form the basis of the Planning Commission’s decision. The Appellant requests that City Council uphold the appeal, reverse the Planning Commission’s decision to revoke the Use Permit, direct City staff to collaborate with the fraternity and community to draft clear and enforceable Conditions of Approval that ensure compliance and alignment with City regulations, and adopt a modified Conditional Use Permit with said drafted conditions.

POLICY CONTEXT
General Plan
Within the General Plan, Land Use Element (LUE) Policy 2.2.6 (Neighborhood Characteristics) directs the City to promote livability, quiet enjoyment, and safety for all residents, and highlights that one characteristic of a quality neighborhood includes a sense of personal safety. LUE Policy 2.2.1 (Neighborhood Identity) encourages the City to work with residents to address neighborhood specific issues. Additionally, Goal 7 of the Housing Element (Neighborhood Quality) is to maintain, preserve, and enhance the quality and livability of neighborhoods.

Major City Goals
One of the 2025-2027 Major City Goals is “Housing and Neighborhood Livability – Healthy, Safe, and Affordable,” which specifically includes a focus on fostering diverse, connected, and safe neighborhoods that are livable for all.

Zoning Regulations (SLOMC Chapter 17)
Per Table 2-1 of SLOMC (Uses Allowed by Zone), the establishment of a fraternity in the R-4 zone requires approval of a Conditional Use Permit. Approval of a Conditional Use Permit for a fraternity is subject to the requirements, listed below, to ensure its consistency with the General Plan and Zoning Regulations and its compatibility with existing and future land uses in the vicinity:
 Section 17.110.060 (Minor Use Permits and Conditional Use Permits – Criteria for Approval)
 Section 17.110.070 (Minor Use Permits and Conditional Use Permits – Required Findings)
 Section 17.86.130(B) (Fraternities and Sororities – Required Findings) Per SLOMC §17.102.020(C)(7), revocation of a Conditional Use Permit is a quasi-judicial process providing for the review of potential violations of conditions of approval for an authorized use, and for the revocation of such approval based upon findings set forth in Chapter 17.110.

Item 7d

DISCUSSION
Site Data
Appellant Delta Chi
General Plan Land
Use Designation
High Density Residential
(HDR)
Zone High-Density Residential
(R-4)
Site Area Approximately 0.66 acre
Environmental
Determination
Categorically exempt from
environmental review
under CEQA Guidelines
Section 15061(b)(3)
(Common Sense
Exemption)

BACKGROUND
On August 12, 1998, the Planning Commission approved a Use Permit, U106-98 (PC Resolution No. 5230-98) (Attachment B) to allow a fraternity (Kappa Sigma) at the multifamily apartment complex at 1236 Monte Vista Place (Property). The fraternity organization Delta Chi began residing at 1236 Monte Vista Place in 2012, continuing the use of the site under the existing Use Permit.

The Police Department issued one (1) citation for a noise violation and one (1) citation for an unruly gathering to the Property between September 2024 and March 2025. The noise violation citation (issued on March 3, 2025) was successfully appealed resulting in the citation being dismissed. The unruly gathering citation was issued March 15, 2025, the Saturday ahead of St. Patrick’s Day (locally referred to as “St. Fratty’s Day” weekend).

The notes from the Police response visit to the site at 4 AM on March 15 cite that approximately 100 people were visible in the courtyard, music could be heard from over 200 feet from the property line, and alcohol was present on site. Despite efforts from Code Enforcement and the Police Department to encourage safe celebrations and deter unruly gatherings ahead of St. Patrick’s Day, an event still took place at 1236 Monte Vista Place that resulted in the citation. On March 9, 2025, a complaint was made to the Police relating to loud music at the Property, though no citation was issued.

On March 19, 2025, Code Enforcement issued a Notice to Correct Code Violation(s) / Notice of Violation relating to the multiple, confirmed administrative citations, noise violations, and Use Permit violations. The Notice of Violation stated that due to the active and continued violations by the fraternity, Code Enforcement staff would be recommending review of the Use Permit to the Director of Community Development. The

Item 7d
Director then referred the Use Permit to the Planning Commission for re-review in accordance with Condition No. 111 of Use Permit U106-98.

On April 18, 2025, after the fraternity had been notified that the Use Permit would be rereviewed by the Planning Commission, the Police Department issued another citation for a noise violation to the Property related to a large gathering of approximately 50 visible people with alcohol present.

Planning Commission Action
On May 28, 2025, the Planning Commission conducted a public hearing for the re-review of the Use Permit, U106-98, to consider the continuation of the fraternity at 1236 Monte Vista Place.

Staff evaluated the fraternity and its recent violations against current City standards and regulations, including the updated findings and criteria for approval as well as code requirements. Staff additionally took previous, recent Council and Advisory Body actions2 into consideration for consistency across all fraternity and sorority use permits. Staff recommended the Planning Commission allow continuation of the fraternity subject to a modified Use Permit. The proposed modified conditions reflected updated language for consistency with current Municipal Code requirements per Section 17.86.130(A) and recent actions related to fraternities and sororities. The proposed conditions included thresholds for future re-reviews, limits on routine gatherings and meetings, standards for Cal Poly affiliation, site maintenance requirements, restrictions on amplified noise, and an updated process for special events. The proposed modified conditions can be viewed in total in the draft resolution that was provided to the Planning Commission (May 28, 2025 Planning Commission Agenda Report).

In evaluating whether to revoke the Use Permit or to approve a modified Use Permit based on the conditions recommended by staff, the Planning Commission considered the findings outlined in SLOMC §17.110.070.A, which are required to approve a Use Permit and read as follows:

1. The proposed use is consistent with the general plan and any applicable specific plan;

1Condition 11 of U106-98: Use permit shall be reviewed if any reasonable written citizen or Police or Fire Department complaints are received by the city. In review of the use permit, the Planning Commission may add, delete or modify conditions of approval, or revoke the use permit. The Planning Commission may consider adding a condition requiring fraternity officers to perform a community service project in the neighborhood.
2Resolution No. PC-1085-2024 (USE-0331-2023) approving a Conditional Use Permit to establish a fraternity at 1264 and 1264 ½ E. Foothill and 1241, 1243, 1249 and 1251 Monte Vista Place; Resolution R-11529 (2024 Series) (USE-0331-2023, APPL-0365-2024) denying an appeal and upholding Planning Commission’s decision to approval a Conditional Use Permit to establish a fraternity at 1264 and 1264 ½ E. Foothill and 1241, 1243, 1249 and 1251 Monte Vista Place; and Resolution No. PC-1092-2024 (USE-0625-2024) approving modifications to Conditional Use Permit to allow continuation of the fraternity at 280 California Boulevard.

Item 7d

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;

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;

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 d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.).

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.

After considering all evidence, including the staff’s evaluation and recommendation, the applicant’s testimony, and public testimony, the Planning Commission determined the design, location, size, and operating characteristics of the site as a fraternity were not compatible with residential uses in the vicinity. The Planning Commission also found that continued use as a fraternity was not appropriate for the subject location, incompatible with the neighborhood, and detrimental to the health, safety, and welfare of persons living or working at the site or in the vicinity. As such, the required findings enumerated in SLOMC §17.110.070(A)(3) and §17.110.070(A)(5) could not be made by the Planning Commission.

The Planning Commission voted 5-0 to revoke the Use Permit, based on the findings specified in Resolution No. PC-1102-2025. This decision does not prevent the Appellant from re-applying for a new use permit if they choose.

APPEAL
On June 20, 2025, Delta Chi Cal Poly Chapter filed a timely appeal of the Planning Commission’s decision to revoke Use Permit U106-98 (APPL-0665-2025) (Attachments C and D – Appeal Form and Supplemental Statements). As described in the Appeal Form and supplemental materials, Delta Chi asserts that the revocation was premature and that issues cited can be effectively addressed through collaboration with City staff and other stakeholders. The Appellant requests that the City Council uphold the appeal, reverse the Planning Commission’s decision to revoke the Use Permit, and direct staff to work in good faith with Delta Chi to amend the existing permit to ensure compliance and alignment with community expectations to avoid a costly and time-consuming reapplication process.

Item 7d
The Appeal Form and supplemental statements can be distilled into two (2) issues, which are summarized and discussed in the following analysis.

Appeal Issue No. 1 – Good-Faith Reliance, Cooperative History, and Severe and Disproportionate Penalty
The Appellant asserts that they have worked systematically to reduce incidents that result in citations or use permit violations in recent years, reflecting their commitment to improvements. They cite their efforts to work with City staff over the years to comply with permit conditions, to address neighborhood concerns in good faith, and to respond to feedback and implement operational improvements. The Appellant notes they have invested time and resources in mitigation measures and adjusted management practices and have consistently sought to be a constructive member of the community.

The Appellant states that after years of interaction and reliance on City feedback, revocation imposes a severe and disproportionate penalty, which leaves them to face significant hardship due to a sudden change in course, especially considering Staff’s recommendation to modify the use permit during the Planning Commission hearing.

Staff Response
The Community Development Department and Planning Commission acted in accordance with and did not exercise any discretion outside of that which is provided for in SLOMC §17.102.020(C)(7).

Due to active violations by the fraternity, the Director referred the Use Permit to the Planning Commission for re-review in accordance with Condition of Approval No. 11 of Use Permit, U106-98, which states the following:

11.Use permit shall be reviewed if any reasonable written citizen or Police or Fire Department complaints are received by the city. In review of the use permit, the Planning Commission may add, delete or modify conditions of approval, or revoke the use permit. The Planning Commission may consider adding a condition requiring fraternity officers to perform a community service project in the neighborhood.

As described in Condition No. 11, revocation of the use permit is one possible outcome of a review instigated from a complaint. Several complaints and violations contributed to the Director’s decision to refer the Use Permit to the Planning Commission for re-review.

One complaint that resulted in the Police issuing a noise violation citation to the Property on March 3, 2025 contributed to the Director’s referral of the Use Permit to Planning Commission. Though this violation was successfully appealed resulting in the citation being dismissed, the appeal process did not conclude until April 15, 2025, after such referral was made. Another complaint that contributed to the Director’s referral was made

Item 7d
to the Police on March 9, 2025 relating to loud music at the Property, though no citation was issued.

Another complaint that further contributed to the referral related to the event held on March 15, 2025 at 4 AM, which resulted in a citation for an unruly gathering. Police notes indicated the large party had over 100 people visible in the courtyard, people shouting, and a live DJ playing music that could be heard from over 200 feet from the property line.

As defined in SLOMC §9.13.020(E), unruly gatherings are gatherings of twenty or more persons on private property with conduct that causes a substantial disturbance of the quiet enjoyment in a significant segment of an immediate neighborhood or presents a threat to the health, welfare and safety of those in attendance, responding enforcement personnel, or nearby residents or properties. Per SLOMC §9.13, unruly gatherings are prohibited, as they are detrimental to the public health, welfare and safety, and are contrary to the public interest. This event was also in direct violation of Conditions #4, #5, #7 and #12 of Use Permit U106-98, listed below for reference, as well as in opposition to the extensive outreach that was conducted by Cal Poly and the City regarding events during the days around St. Patrick’s Day.

4. The maximum number of persons allowed on the site for routine meetings and gatherings is 53, except as specifically approved by the Community Development Director for special events. For such special events, the applicant shall also submit a parking and transportation plan.

5. No meetings, parties, or other types of similar activities involving persons other than residents are allowed between the hours of 10 p.m. and 9 a.m., except as approved by the Community Development Director.

7. Events, including meetings or parties, on site, shall be limited to those listed on a meeting and activities schedule, submitted to an approved by the Community Development Director in the fall of each year. Exceptions to this schedule must be approved by the Community Development Director. If the Director determines the change is significant and may have an adverse impact on the neighborhood, then it will be referred to the Planning Commission for consideration.

12.Failure to comply with the above conditions or code requirements, or the conduct of the use so as to constitute a violation of Federal, State, or local laws, 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 may constitute grounds for revocation of this permit.

Code Enforcement issued a Notice of Violation to the Property on March 19, 2025, which stated that the administrative citations, noise violations, and police contacts between January to March 2025 constituted violations of the Municipal Code and the Use Permit Conditions of Approval. The notice stated that immediate compliance was required to correct the violations, and that the violations constituted a public nuisance that must be abated.

A few weeks later, the Police responded to a complaint on April 18, 2025, around 9:30 PM, which resulted in another citation for a noise violation. Police notes indicated the

Item 7d
large gathering had approximately 50 visible people and alcohol present. This event was in direct violation of Conditions #7 and #12 of Use Permit U106-98 and the Notice of Violation sent to the fraternity on March 19, 2025.

Collectively, these actions of the organization have constituted a public nuisance and caused a substantial disturbance of the quiet enjoyment of private property in the immediate neighborhood. Therefore, the Planning Commission’s decision to revoke the Use Permit would not be considered a severe or disproportionate penalty.

During the May 28, 2025 Planning Commission hearing, the fraternity representative presented information concerning their reduction in complaints in recent years. The representative also noted the fraternity’s history of cooperation with the City and organizational mitigation measures and adjusted management practices. The Planning Commission considered this information, as well as the information relating to the multiple confirmed use permit violations, including the March 15th and April 18th incidents, and public input from community members. Based on all the evidence discussed, the Planning Commission was unable to make the required findings to grant continuation of Use Permit U106-98, as required under SLOMC §17.110 and revoked the Use Permit per Condition No. 11.

It should be noted that the multi-family residential complex located at 1236 Monte Vista Place may continue to be used for residential uses, regardless of holding a use permit.

Revocation of the Use Permit means that the site cannot be used as a fraternity or sorority house, which is defined as residences for college or university students who are members of a social or educational association that is affiliated and in good standing with the California Polytechnic State University and where such an association also holds meetings or gatherings (SLOMC §17.156.014). While fraternity members may continue to live at 1236 Monte Vista Place, the change requires regular fraternity operations, such as chapter meetings and special events, to cease on site. Those meetings and gatherings may continue at off-site locations, including Cal Poly’s campus or other private venues suitable for the intended land uses.

Additional Noise Violation Citation
Since the Appellant filed an appeal, the Police issued another citation to the Property on October 4, 2025, for a noise violation. Police responded around 2:30 AM to a complaint relating to loud noise. The responding Officer confirmed music and voices could be heard from beyond the property line. The responding Officer noted that people were running into the apartments from the courtyard with Police’s arrival, and approximately 10 people were visible in the courtyard with alcohol present.

Appeal Issue No. 2 – Collaborative Process for Constructive Resolution The Appellant requests that the City Council uphold the appeal and direct staff to collaborate with Delta Chi, neighbors and university partners to modify the conditions of use permit so that they are clear, achievable, enforceable, and ensure accountability. The Appellant has provided feedback and draft modifications to conditions of approval for the

Item 7d
use permit (Attachments C and D – Appeal Form and Supplemental Statements) based on the draft conditions of approval that were presented in the May 28, 2025 draft resolution and the comments made by Planning Commission (see Planning Commission Agenda Report). The Appellant argues that their drafted modifications address concerns raised by the Planning Commission and, if adopted, would allow fraternity operations to satisfy the required findings in SLOMC §17.110.070(A).

Staff Response
Revocation of the permit by the Planning Commission was based on the findings that the continued use of a fraternity would be incompatible with residential uses in the vicinity, and would be detrimental to the health, safety, and welfare of persons living or working at the site or in the vicinity. In the supplemental material provided, the Appellant has not provided evidence that the fraternity would be able to satisfy the Planning Commission concerns and meet the required findings in SLOMC §17.110.070(A).

Staff has analyzed the proposed alterations and additions to the conditions that the fraternity has submitted, and this analysis is provided in Attachment E. Many of the proposed changes and provided reasoning from the Second Supplemental Statement (Attachment D) have the possibility for beneficial outcomes, but they are still conceptual ideas and would be difficult to enforce. Information is lacking regarding how the proposed changes might be implemented, and how implementation would effectively change the operations and behavior of the fraternity. There remains insufficient evidence to address the concerns raised by the Planning Commission that operation of a fraternity is appropriate for the subject location, compatible with the neighborhood, and will not be detrimental to the health, safety, and welfare of people living or working at the site or in the vicinity.

The Appeal process, as outlined in SLOMC §17.126, does not provide an effective avenue to support a collaborative conversation or the time necessary to modify the existing Use Permit. If City Council directs staff to undertake the effort requested by the Appellant, the appeal would need to be continued to either a date certain in the future or off-calendar to provide time for staff, the Appellant, and the community to discuss the proposed conditions and then return for consideration of a revised Use Permit and proposed findings. However, the Appellant has the ability to re-apply, at any time, for a new use permit if they choose. If the Appellant applied for a new use permit, staff would be able to collaborate with the applicant and other stakeholders on their application proposal.

City Council Consideration
Per SLOMC §17.126.040(B), decisions of the Planning Commission shall be appealed to City Council. Delta Chi Cal Poly Chapter filed a timely appeal of the Planning Commission’s decision to revoke Use Permit U106-98 resulting in this review (Application No. APPL-0665-2025) being brought before City Council.

Actions on appeals are “de novo” review per SLOMC §17.126.050(A). De novo review means that the City Council must exercise its independent judgment to determine if the

Item 7d
Applicant/Appellant’s Use Permit should be modified, revoked, or remain in effect as it was prior to the Planning Commission’s revocation. The City Council is not bound by the Planning Commission’s findings or conclusions.

The decision made by City Council shall be made based on the required findings in SLOMC §17.110.070 and listed above under the “Planning Commission Action” section of this report. Because this is a “de novo” hearing, the City Council can take any of the actions outlined in the alternatives section below or staff’s recommendation.

Public Engagement
The project has been noticed in compliance with the City’s notification requirements for Development Projects for each public hearing associated with the project. Newspaper legal advertisements were posted in the New Times ten (10) days prior to the Planning Commission and City Council hearings. Additionally, postcards were sent to both owners and occupants of properties, located within 300 feet of the project site, ten (10) days prior to each hearing.

CONCURRENCE
The Council Agenda Report was reviewed by the Planning Division, and the City Attorney’s Office for concurrence.

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.).

FISCAL IMPACT
Budgeted: N/A Budget Year: 2025-26
Funding Identified: No
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ N/A $0 $0 $0
State
Federal
Fees
Other:

Total $ N/A $0 $0 $0

Item 7d
Consideration by the City Council of an appeal of a decision made by the Planning Commission does not directly result in expenditure of funds and thus has no fiscal impact to the City. The appeal fee, which covers a portion of the staff time required to bring this item forward, per City policy, was paid by the Appellant, and there is no upfront cost resulting from the revocation of the Use Permit. If Council adopts the Resolution to deny the appeal, subsequent review of a new use permit application, should the Appellant reapply, would be subject to the appropriate permitting application fee, which is paid by the applicant.

ALTERNATIVES

1. Continue review of the appeal. The City Council may continue the review of the appeal with direction to staff regarding additional information or analysis required to make a decision. Under this alternative, the hearing would be continued to a date certain or, if amenable to the Appellant, continued off-calendar and then re-noticed as a new hearing in the future.

2. Uphold the appeal and modify the Use Permit. The City Council may uphold the appeal and modify the findings and/ or conditions of approval based on consistency with the General Plan, Zoning Regulations, or other policy documents. The City Council may consider and incorporate any of the Appellant’s submitted modified conditions, which are listed and analyzed in Attachment E – Staff Analysis of APPL0665-2025 Appellant Submittal. Under this alternative, a revised Resolution would need to be prepared to provide findings to uphold the appeal and allow the Use Permit to continue, as well as to adopt the revised conditions of approval; therefore, it would be recommended that the hearing on the appeal be continued to a date certain to allow for the preparation and consideration of a revised Resolution.

3. Uphold the appeal and retain the existing Use Permit as is. The City Council may uphold the appeal and retain the Use Permit with the existing findings and conditions of approval. Under this alternative, a revised Resolution would need to be prepared to provide findings to uphold the appeal and allow the Use Permit to continue; therefore, it would be recommended that the hearing on the appeal be continued to a date certain to allow for the preparation and consideration of a revised Resolution.

ATTACHMENTS
A - Draft Resolution denying the appeal and uphold the Planning Commission’s decision to revoke the Use Permit U106-98 (USE-0332-2025, APPL-0665-2025) B - PC Resolution No. 5230-98 (Approval of the Original Use Permit, U106-98) C - Appeal Form and Supplemental Statements from Appellant (APPL-0665-2025,

06.20.2025, 07.11.2025)
D - Second Supplemental Statement from Appellant (APPL-0665-2025, 09.22.2025) E - Staff Analysis of APPL-0665-2025 Appellant Submittal for Modifications and Additions to Draft Conditions of Approval

R ______
RESOLUTION NO. _____ (202X SERIES)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS

OBISPO, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION’S DECISION TO REVOKE THE USE PERMIT FOR A FRATERNITY LOCATED AT 1236 MONTE VISTA PLACE. THE

PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER
SECTION 15061(B)(3) (COMMON SENSE EXEMPTION) OF THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES

AS REPRESENTED IN THE COUNCIL AGENDA REPORT AND
ATTACHMENTS DATED OCTOBER 21, 2025 (USE-0332-2025, APPL0665-2025).

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 USE0332-2025; 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 revokes the Use Permit U106-98 based on the following findings:

Resolution No. _____ (202X Series) Page 2
R ______
a) The current use is not consistent with Fraternity use regulations of Municipal Code Section 17.86.130 nor is the Council able to make the required findings to grant a conditional use permit pursuant to Section 17.110.070 because:
i) The fraternity has been repeatedly cited for violations of the City’s Noise Ordinance and an unruly gathering.
ii) The fraternity was cited for an unruly gathering by Police on March 15, 2025, for the “St. Fratty’s Day” party hosted on the property, during a safety enhancement zone and despite City staff’s proactive outreach to fraternity organizations ahead of the St. Patrick’s Day Weekend to encourage safe celebrations and deter unruly gatherings. iii) The fraternity was most recently cited for a noise violation on October 4, 2025, after the Planning Commission’s hearing for re-review and revocation of the Use Permit, and during the processing of their appeal. iv) The maximum number of persons on site repeatedly exceeded the limit established by the Use Permit.
v) The fraternity has failed to apply for special event permits or parking and transportation plans as required by their Use Permit, despite hosting events which exceeded the routine gathering capacity limits of the Permit.
vi) Conduct of the fraternity has been detrimental to the health, safety, and welfare of the neighborhood.
b) For the reasons stated above, the design, location, size, and operating characteristics of the current use is not compatible with residential uses in the vicinity. Therefore, the required finding in Municipal Code §17.110.070(A)(3) cannot be made.
c) For the reasons stated above, the continued use of the property as a fraternity under the Use Permit is not appropriate for the subject location, is incompatible with the neighborhood, and will be detrimental to the health, safety, and welfare of persons living or working at the site or in the vicinity. Therefore, the required finding in Municipal Code § 17.110.070(A)(5) cannot be made SECTION 2. Environmental Review. The project is exempt from environmental review under Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the revocation of the Conditional Use Permit may have a significant effect on the environment. Additionally, CEQA does not apply to projects which a public agency rejects or disapproves. (CEQA Guidelines Section 15270.)
SECTION 3. Action. The City Council hereby denies the appeal and REVOKES the Use Permit, U106-98, previously issued as to 1236 Monte Vista Place for use as a fraternity, based on the Findings stated above. Use as a fraternity shall cease immediately upon execution of this Resolution. Any subsequent application to establish a subsequent

Resolution No. _____ (202X Series) Page 3
R ______
Conditional Use Permit for a fraternity at the location shall be subject to all requirements of the Municipal Code, including but not limited to Section 17.86.130 and Chapter 17.110.

Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote:

AYES:

NOES:

ABSENT:

The foregoing resolution was adopted this _____ day of _______________ 202X. ___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________
Teresa Purrington
City Clerk

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
[email protected]
[email protected]

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

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.

3427 Miguelito Court San Luis Obispo, CA 93401 805.541.4509 p 805.546.0525 f www.oasisass oc.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 - [email protected] 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. Strong 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 university2 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

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 offcampus 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

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.

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EVENT REGISTRATION PROCEDURE
AllmembersofCalPoly-affiliatedfraternities andsororities,andtheInterfraternityCouncil, the PanhellenicCouncil,andtheUnitedSorority&Fraternity CouncilatCalPoly(collectively the “Fraternity and SororityCommunity”),shall abideby allUniversity policies and federal, state, and local laws and regulations, including those that govern the use, distribution, and consumptionofalcohol.This EventRegistrationProceduresetsforthproceduresdesignedto provide asafesocialatmosphereformembers oftheGreekCommunity andtheirguests,while allowing themto exercise the personalresponsibility expected of each ofthem. The following objectives are essential to achieving thisaim:
• 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 TheUniversity does not acceptlegal liability forthe activities engaged in by fraternities and sororities, and theirmembers.

ATTACHMENT 2

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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

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Article I - What defines an event?
A. An “event” for the purposes of this document is any activity sponsored or endorsedby the organization/chapterincluding those that occur onand 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. Lawslocal 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. 7A.M.to 10 P.M.: Noise that can be heard 50 feet from the source is a violation
ii. 10 P.M.to 7A.M.:Noise that can be heard acrossthe property line is a violation
b. Safety Enhancement Zones
i. Fines are doubled for the followingviolations:

1. Noise

2. Unruly Gathering

3. Social Host Liability

4. Public Urination

5. Open Container
ii. Designated timesfor Safety Enhancement Zones may vary, but typically occur during:

1. Mardi Gras (Thursday - Wednesday)

2. St. Patrick’s Day

3. Halloween

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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 guestsinvited to the event, anothersobermonitor 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 thirdparty 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. Permittedalcoholcanonlybemadeavailable incentralcommonliving 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 inappropriateor otherrapid consumption or high-riskdrinking 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

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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 to 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 andwith documentssubmitted priorto 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

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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. Deadlinesfor completion ofregistrationareeveryThursday 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 withalcohol, withthe full names of allattendees and birthdates of all guestswho received wristbands for alcohol consumption.
a. No future events with alcohol will be reviewed untilthisrequirement isfulfilled 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 theevent withalcohol.Allsobermonitors andsober executivemembers will contribute to thisreview. For events with alcohol where theremay bemore than one chapter acting asthe event host, each chaptermust complete a posteventform. 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.

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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.

Condition 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.

Conditional 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

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.

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 rereview 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 17.86.13054 people (rounded down from 54.45 = 36.3 people x 1.5), 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 If the fraternity hosts special events involving more than 54 people, 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 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 1 guest per 90 sqft of living space54 people 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

3 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 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.

4 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 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.
710. 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.
118. 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. 129. At the beginning of every academic year,Within 60 days of the re-review hearing with the Planning Commission on May 28, 2025, due the property’s proximity adjacent to campus, the fraternity shall offer bicycle parking to every resident, up toinstall a minimum of 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

5 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.
130.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
141.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.
152.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.
163.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.
164.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

6 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. .

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 multifamily 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.

ATTACHMENT E - STAFF ANALYSIS OF APPL-0665-2025 APPELLANT SUBMITTED MODIFICATIONS AND

ADDITIONS TO DRAFT CONDITIONS OF APPROVAL
At the May 28, 2025 Planning Commission hearing, staff recommended the Planning Commission allow continuation of the fraternity subject to a modified Use Permit. With staff’s recommendation, draft Conditions of Approval were included in the draft Resolution attached to the May 28, 2025 Planning Commission Agenda Report (PCAR). The Planning Commission rejected staff’s recommendation and revoked the Use Permit.

In the Second Supplemental Statement, submitted on September 22, 2025, the Appellant proposed draft Conditions of Approval based on the May 28, 2025 PCAR draft Conditions. The Appellant stated if their proposed draft Conditions of Approval were adopted, the fraternity would meet the required findings for modification of the Use Permit and continuance of use as a fraternity. Staff evaluated the differences between staff’s recommended draft Conditions and the Appellant’s draft Conditions in the table below. Staff’s draft conditions from the May 28, 2025 PCAR are in left hand column, the Appellant proposed amendments and additions to the draft Conditions are in the middle column, and staff’s associated response and recommendations are in the right hand column.

With Planning Commission’s revocation of the Use Permit and the fraternity’s subsequent appeal, Use Permit U106-98 is currently still in effect, and the active Conditions of Approval of U106-98 can be reviewed in Attachment B.

Staff’s Draft Conditions from
5/28/25 PCAR Recommendation
Proposed Changes from Appellant
(Additions italicized and underlined)
Staff Response and Recommendation
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.

No change N/A

Attachment E of APPL-0665-2025 Page 2
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.

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.

This proposed revision indicates that a
plan describing how the fraternity would
prevent future violations upon receipt of
two (2) citations. It is unclear how the
review, processing, implementation, and
enforcement of the plan would be
accomplished without significant City
staff time and resources that are not
accounted for in the Use Permit
application process and associated fees.

Implementation of such a plan should be
applied as a regular best practice so that
the fraternity does not receive any
citations.

Staff does not recommend amending
this condition of approval because it is
unclear how the review, processing,
implementation, and enforcement of
the plan would be accomplished.
3 The fraternity shall be limited to a
maximum of 35 residents for the
property. The property owner shall
allow the City to verify the
maximum occupancy by allowing
an inspection of records or visual
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
This proposed amendment provides the
square footage calculation per resident.

This is a minor amendment to the
condition of approval that is not
necessary, however could be added if
determined to be helpful.

Attachment E of APPL-0665-2025 Page 3
inspection of the premises. Any
inspection shall be scheduled at a
reasonable time with at least 24-
hour notice to the residents.
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.
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.

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 Department for review
and approval. No exception from the
The method used by staff to calculate
maximum capacity for routine meetings
and gatherings is based on current
practices and recent fraternity and
sorority use permit approvals. The
number of people allowed onsite for
routine meetings and gatherings is 1.5
times the average population density (=
36 person population for this site). This
calculation takes into consideration the
residential population assumptions set
forth in the General Plan Land Use
Element based on the land use
designation and zone and the site/lot
area and constraints. The proposed
amendment identifies that there would be
1 guest per 90 s.f of living space. The
total residential square footage on the
subject Property is approximately 13,764
s.f and as proposed 152 total people
would be allowed at the site compared to
the 54 total people allowed on the site in
the original condition.

Staff does not recommend this
proposed amendment because the
maximum capacity is not consistent
with the Land Use Element or site
considerations and constraints.

Attachment E of APPL-0665-2025 Page 4
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.

The proposed amendment would require
the Community Development Director to
review fraternity events outside the
standards and procedures of the Zoning
Regulations (which are in place to ensure
that such uses are compatible with their
surroundings and the intent of the
regulations).

Staff does not recommend adopting
the proposed amendment because it
is inconsistent with Zoning
Regulation’s Processes and
Procedures. The original condition of
approval allows the fraternity to apply
for a temporary and intermittent use
permits (SLOMC §17.113) for special
events that surpass the maximum
gathering limit as allowed within an
approved CUP.
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.

No change N/A
6 The fraternity shall provide the
name and contact information (i.e.,
phone number and email address)
The fraternity shall provide the name
and contact information (i.e., phone
number and email address) of all
Providing additional contacts for the
fraternity organization to the Community
Development and Police Departments

Attachment E of APPL-0665-2025 Page 5
of all responsible parties 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.
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.
could be beneficial.

Staff recommends considering this
amendment because it could be
beneficial in boosting education and
communication opportunities
between the City and the fraternity.
7 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.

No change N/A
8 A minimum of 32 parking spaces
shall be provided and maintained
at all times. These spaces shall
No change N/A

Attachment E of APPL-0665-2025 Page 6
remain available to residents of the
fraternity and not designated for
any individuals not residing on the
property.
9 Within 60 days of the re-review
hearing with the Planning
Commission on May 28, 2025, the
fraternity shall install a minimum of
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.

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.

Per SLOMC §17.72.070(B) (Bicycle
parking standards; Table 3-6) the site is
required to have 35 bicycle parking
spaces (one bicycle space per bed) at all
times and does not allow changes in the
number of spaces based on the number
of residents that do or do not have
bicycles.

Staff does not recommend amending
the condition because it is
inconsistent with Zoning Regulation’s
current requirements.
10 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.

No change N/A
11 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
No change N/A

Attachment E of APPL-0665-2025 Page 7
special event. No exception from
the Noise Ordinance shall be
approved by the Director as part of
the special event.
12 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.

No change N/A
13 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.

Noted that corrections have been
completed.

Code Enforcement case (CODE-000610-
2021) related to unpermitted
conversation of non-habitable space has
been resolved and the site is now
compliant with no active, open Code
Enforcement cases.

Staff would recommend removing this
condition.

Attachment E of APPL-0665-2025 Page 8
14 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.

No change. N/A
N/A The Fraternity shall have an annual
education program for the fraternity
about the existence and requirements of
the Conditional Use Permit.

An annual education program regarding
Conditional Use Permit requirements
could be beneficial to both the fraternity
and the City. However, it is unclear how
implementation of the program would be
accomplished, and if included as a
condition, it is unclear how staff would
verify condition compliance
Staff recommends considering this
amendment because it could be
beneficial, however, it is unclear how
implementation of the program would
be accomplished and how staff would
verify condition compliance.

N/A 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
A good neighbor management plan could
be beneficial to both the fraternity and the
City. However, it is unclear how review,
processing, implementation, and
enforcement of the plan would be
accomplished without significant City

Attachment E of APPL-0665-2025 Page 9
of the fall academic period. staff time and resources that are not accounted for in the Use Permit
application process and associated fees.

Note: Draft Condition No. 11 includes
requirements for neighborhood outreach
for special events that are approved by
the Community Development
Department.

Staff recommends considering this
amendment because it could be
beneficial, however, it is unclear how
review, processing, implementation,
and enforcement of the plan would be
accomplished.

N/A 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.

A community service program could be
beneficial to both the fraternity and the
City. However, there is no land use nexus
for requiring such a condition, but with the
appellant volunteering the addition of the
program, express consent should be
made clear in the condition language. It is
also unclear how such a program would
be implemented and how staff would
verify condition compliance .

Staff recommends adding this
condition of approval because it could
be beneficial, however there is no land
use nexus for requiring such a
condition, and if this specific applicant
is volunteering it, then their express
consent should be made clear in the
condition language. Additionally, it is
unclear how implementation and

Attachment E of APPL-0665-2025 Page 10
enforcement of the program would be
accomplished.

Item 7e
Department: Community Development
Cost Center: 4006
For Agenda of: 10/21/2025
Placement: Public Hearing
Estimated Time: 30 minutes
FROM: Timmi Tway, Community Development Director
Prepared By: Rachel Cohen, Principal Planner
SUBJECT: REVIEW OF AN AMENDMENT TO TITLE 17 OF THE CITY’S MUNICIPAL CODE (ZONING REGULATIONS) SECTION 17.02.020 TO INCLUDE AN

APPLICABILITY SUBSECTION AND TO EXEMPT CERTAIN PUBLIC

SAFETY FEATURES IN CITY PROJECTS FROM THE ZONING

REGULATIONS

RECOMMENDATION
As recommended by the Planning Commission, introduce a Draft Ordinance entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 17 of the City’s Municipal Code (Zoning Regulations) Section 17.02.020, “Purpose and Authority of the Zoning Regulations” to include an “applicability” subsection and to exempt certain public safety features in City projects from the Zoning Regulations.”

REPORT-IN-BRIEF
On behalf of the City of San Luis Obispo (City), the Community Development Director (Director) has initiated a text amendment to Title 17 (Zoning Regulations) of the Municipal Code, specifically Section 17.02.020, “Purpose and Authority of the Zoning Regulations” to provide clarity and address public safety. The proposed text amendment includes a new section on how the Zoning Regulations are to be applied to properties in the City and clarifies that the City of San Luis Obispo shall be exempt from the requirements of the Zoning Regulations for public safety features necessary to protect the public health, safety, and welfare of the community (Attachment A – Draft Ordinance).

POLICY CONTEXT
Consistency with the General Plan
The Land Use Element (LUE) identifies that the City is to have Zoning Regulations that outlines uses allowed per specific zones, property-development standards, and procedures (LUE Policy 12.1: Zoning Regulations). The proposed amendment would provide procedural clarity regarding the application of the Zoning Regulations to City properties and projects. Currently the Zoning Regulations do not contain an applicability section within the Municipal Code Chapter 17.02.

Item 7e
Other LUE programs highlight that public spaces and developments are to be designed to enhance public safety and welfare (LUE Programs 4.9, 4.23, and 4.36). The intent of the proposed Zone Text Amendment is to facilitate necessary safety features in City projects.

Consistency with the Zoning Regulations
As noted above, the Zoning Regulations do not provide a clear statement on how they are to be applied to properties in the City. The proposed amendment would clarify how the Zoning Regulations apply and expressly authorize the City to incorporate necessary public safety features to protect the public health, safety and welfare of the community in City projects that may otherwise not be allowed per the zoning code.

The proposed amendment would exempt public safety features of a City project that supports the public health, safety, and welfare. As proposed, public safety features would be defined as structures, architectural elements, devices, barriers, technology, communications, operational resiliency, fencing and/or walls, or other features associated with public projects that protect the public health, safety and welfare of the community.

City projects, such as a new fire station, a significant addition to an existing City building, or other development would still be required to adhere to all requirements in the City’s Zoning Regulations. The proposed amendment only exempts public safety features of a City project that supports the public health, safety, and welfare.

DISCUSSION
Background
The City undertakes various projects every year for the benefit of the community. Projects can range from constructing new City facilities such as a new parking structure, to making adaptations or modifications to existing facilities to include safety features such as fencing or a new radio tower for a fire station. Currently, the City is required to comply with the City’s Zoning Regulations for all new projects or modifications to existing City facilities.

However, strict adherence to every requirement can be difficult or impossible given the unique nature and purpose of City projects versus private development. City projects are conducted pursuant to the approval of the City Council, under direct City supervision, and for the benefit of the community. Often there is a need for these projects to include features that promote public health, safety, and welfare.

Some of the challenges that currently arise with City projects are described below.

Alterations to City facilities may be required once it is discovered that there is a public health, safety, or welfare issue that needs to be addressed. To remedy the issue, modifications to the structure may be required that are not permitted due to the Zoning Regulations. Since the City is required to comply with the Zoning Regulations, certain safety elements are not able to be installed, and the community and/or City staff remain at risk. Alternatively, the City may be required to request an exception through a lengthy process from its own regulations – essentially the City has to ask the City for permission to build a City project deemed necessary or desirable by the City for public safety, adding lengthy delays and cost increases on these specific projects. This amendment is intended

Item 7e
to eliminate that administrative inefficiency and the efficient implementation of common sense public safety features associated with public projects.

A current example is related to safety netting on the top of City parking structures. The safety netting would exceed the height limit for the zone but are critical to ensure the health, safety and welfare of the community. Currently, the Zoning Regulations only allow solar energy systems, chimneys, elevator towers, screening for mechanical equipment that is not integral with building parapets, vents, antennas, and steeples be allowed to extend ten feet above the maximum building height (SLOMC Section 17.70.080(C)(2)).

Safety netting is not listed as a feature that may exceed the building height. The Zoning Regulations also have a section on fences and walls (SLOMC Section 17.70.070), but the code only addresses fencing built at the ground level. Without approval of this proposed amendment the City would not be able to install the safety netting under the current Zoning Regulations.

Another challenge is related to the process to approve modifications that are identified as necessary for existing City projects. New City projects are required to be processed like private development projects, including development review and any other necessary entitlements. Once a City project is approved through the development review process, any modifications deemed necessary to protect the public health, safety, or welfare could require re-review of the project by the reviewing authority (Planning Commission, City Council, etc.). This causes significant delays in project delivery which equates to substantial City costs and risk to public health, safety, or welfare. By approving the proposed amendment safety features that are determined to be necessary would not trigger an extensive re-review of the project.

In summary, the proposed Zone Text Amendment would provide limited flexibility to allow City projects to include features that would protect the public health, safety and welfare even if they would not normally comply with the Zoning Regulations. The Zoning Regulations are generally crafted with private development in mind, and do not contemplate some of the unique types of projects and facilities that are developed by the City (such as parking structures, water treatment facilities, etc.) or the safety features (such as fencing or barriers) that may be needed at these facilities. Given the unique nature of the types of projects and facilities that are developed by the City, this flexibility is necessary to ensure that the City can develop and maintain buildings and facilities that are safe for the community and staff.

Addition of Applicability Section
The Zoning Regulations do not provide a clear statement on how they are to be applied to properties in the City. The City currently operates and has historically interpreted its Zoning Regulation to require that both private and public properties are subject to the Zoning Regulations, but the code does not expressly state this.

As such, staff is recommending the Zoning Regulations be amended to include an “applicability” section to modify historic practice and clarify how the Zoning Regulations apply and expressly authorize the City to incorporate necessary public safety features to

Item 7e
protect the public health, safety and welfare of the community in City projects that may otherwise not be allowed per the zoning code. Nothing proposed here would exempt public projects from general plan conformity evaluation or compliance.

Proposed Amendments
The City is proposing to amend Municipal Code Section 17.02.020 as shown below.

Should the City Council vote to approve the amendment as introduced the ordinance will be placed on a future agenda for a second reading and will then become effective 30 days after. Note that new language is underlined and language to be deleted is struck through.

17.02.020 Purpose, and authority, and applicability.

A. Purpose. The zoning regulations are intended to guide the development of the city in an orderly manner, implement the policies of the general plan, protect and enhance the quality of the natural and built environment, promote the public health, safety and general welfare by regulating the use of land and buildings and the location and basic form of structures, and provide the physical, environmental, economic, and social advantages that result from the orderly planned use of land resources.

B. Authority. The zoning regulations are enacted based on the authority vested in the city of San Luis Obispo and its charter, and the state of California, including but not limited to the State Constitution, Planning and Zoning Law (California Government Code Section 65800 et seq.), and the California Health and Safety Code. (Ord. 1650 § 3 (Exh. B), 2018) C. Applicability. The zoning regulations shall apply, to the extent permitted by law, to all property within the limits of the city of San Luis Obispo and to property for which applications for annexation and/or subdivisions have been submitted to the city of San Luis Obispo, including all uses, structures and land owned by any private person, firm, corporation or organization, the city of San Luis Obispo, or other local, State or Federal agencies. Any governmental agency shall be exempt from the provisions of the zoning regulations only as required by otherwise applicable state or federal law. The city of San Luis Obispo shall be exempt from the requirements of the zoning regulations for public safety features associated with public projects necessary to protect the public health, safety and welfare. Public safety features are defined as structures, architectural elements, devices, barriers, technology, communications, operational resiliency, fencing and / or walls, or other features of a public project that protect the public health, safety and welfare of the community.

Previous Advisory Body Action
On September 24, 2025, the Planning Commission reviewed the proposed Zoning Regulations text amendments and unanimously (5:0) recommended the City Council approve the proposed amendments (Attachment B – PC Resolution).

Public Engagement
The proposed text amendments were noticed in accordance with Municipal Code Chapter

Item 7e

17.122 (Public Notices and Hearing) and state law. Prior to the Planning Commission meeting, notice of the proposed text amendments was published in the local newspaper, New Times, on September 4, 2025. Prior to the City Council meeting, notice of the proposed text amendments were published in the New Times on Thursday, September 25, 2025.

CONCURRENCE
The proposed amendment was reviewed by Public Works and the City Attorney’s office and reflects their comments and recommendations.

ENVIRONMENTAL REVIEW
The proposed text amendment is exempt under Section 15061(b)(3) of the CEQA Guidelines. This “Common Sense” exemption states that CEQA only applies to projects that have the potential for causing significant effect on the environment. Since the text amendment is a minor revision to Title 17 (Zoning Regulations) of the Municipal Code, specifically Section 17.02.020, “Purpose and Authority of the Zoning Regulations” intended only to provide clarity and expressly authorize exemptions for public safety features of public projects otherwise required to comply with City policies and regulations, this amendment clearly does not have the potential to cause any significant effect on the environment. The amendment does not authorize any change in the environment or otherwise allow new land uses or intensify existing land uses. These amendments do not authorize any specific action without otherwise applicable development and environmental review; individual projects will still be required to comply with CEQA, as applicable.

FISCAL IMPACT
Budgeted: N/A Budget Year: 2025-26
Funding Identified: N/A
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $N/A $ $ $
State
Federal
Fees
Other:

Total $N/A $0 $0 $0
There are no fiscal impacts directly related to approval of the Zoning Regulations text amendments. No previously unanticipated fiscal impacts would occur as a result of this action.

Item 7e

ALTERNATIVES

1. Adopt the proposed ordinance with modification. The City Council could propose modifications to the proposed ordinance including modifications to any of the findings or amendments. If the City Council modifies the language the modified language would be placed on a future agenda for a second reading and will then become effective 30 days after.

2. Continue consideration of the proposed amendments. An action continuing the project should include direction for staff on pertinent issues that should be further studied or analyzed for future presentation to the Council.

3. Do not introduce or adopt the proposed ordinance. The City Council could decide not to introduce the attached Ordinance. If the City Council does not introduce the Ordinance there would continue to be no applicability section of the Zoning Regulations and certain public safety features in City projects would continue to be subject to Zoning Regulation requirements.

ATTACHMENTS
A - Draft Ordinance amending Title 17 of the City’s Municipal Code Section 17.02.020 B - PC Resolution No. PC-1110-2025 recommending an amendment to Title 17 of SLOMC Section 17.02.020

O ______
ORDINANCE NO. _____ (2025 SERIES)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING TITLE 17 OF THE CITY’S
MUNICIPAL CODE (ZONING REGULATIONS) SECTION 17.02.020,
“PURPOSE AND AUTHORITY OF THE ZONING REGULATIONS” TO
INCLUDE AN “APPLICABILITY” SUBSECTION. THE PROJECT IS

EXEMPT FROM ENVIRONMENTAL REVIEW (CEQA) AS

REPRESENTED IN THE CITY COUNCIL AGENDA REPORT AND
ATTACHMENTS DATED OCTOBER 21, 2025 (CITYWIDE; CODE-0666- 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, San Luis Obispo, California on September 24, 2025, for the purpose of recommending an amendment to Section 17.02.020 in Title 17 (Zoning Regulations) of the Municipal Code, pursuant to a proceeding under CODE-0666-2025; City of San Luis Obispo, applicant; 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, San Luis Obispo, California on October 21, 2025, for the purpose of introducing an ordinance to amend Section

17.02.020 in Title 17 (Zoning Regulations) of the Municipal Code, pursuant to a proceeding under CODE-0666-2025; City of San Luis Obispo, applicant; and.

WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and
WHEREAS, the City Council has duly considered all evidence, including the testimony of interested parties and the evaluation and recommendation by staff, presented at said hearing.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:

SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings:
a) The proposed amendment is consistent with Land Use Element Policy 12.1:

Zoning Regulations because the amendment would provide procedural and applicability clarity as to how the Zoning Regulations apply and expressly authorize the City to incorporate necessary public safety features associated with public projects to protect the public health, safety and welfare. b) The proposed amendment is consistent with Land Use Element Programs 4.9,

4.23, and 4.36 because the amendment would exempt public safety features of a public project that supports the public health, safety, and welfare.

Ordinance No. _____ (2025 Series) Page 2
O ______
c) The proposed amendment is consistent with and further enhances Zoning Regulations Section 17.02.030 that states, “Land or buildings may be used and structures may be erected or altered only in accordance with the regulations in this title” because the amendment would clarify how the Zoning Regulations apply and expressly authorize the City to incorporate necessary public safety features of a public project to protect the public health, safety and welfare of the community.

SECTION 2. Environmental Determination. The proposed text amendment is exempt under Section 15061(b)(3) of the CEQA Guidelines. This “Common Sense” exemption states that CEQA only applies to projects that have the potential for causing significant effect on the environment. Since the text amendment is a minor revision to Title 17 (Zoning Regulations) of the Municipal Code, specifically Section 17.02.020, “Purpose and Authority of the Zoning Regulations” intended only to provide clarity and expressly authorize exemptions for public safety features of public projects otherwise required to comply with City policies and regulations, this amendment clearly does not have the potential to cause any significant effect on the environment. The amendment does not authorize any change in the environment or otherwise allow new land uses or intensify existing land uses. These amendments do not authorize any specific action without otherwise applicable development and environmental review; individual projects will still be required to comply with CEQA, as applicable.

SECTION 3. Action. The City Council hereby adopts an ordinance amending Title 17 of the City’s Municipal Code (Zoning Regulations) Section 17.02.020, “Purpose and Authority of the Zoning Regulations” to include an “applicability” subsection as set forth in Exhibit A and incorporated herein.

SECTION 4. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The New Times, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage.

INTRODUCED on the 21st day of October, 2025, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the ____ day of ____, 2025, on the following vote:

AYES:

NOES:

ABSENT:
___________________________
Mayor Erica A. Stewart
ATTEST:

Ordinance No. _____ (2025 Series) Page 3
O ______
_______________________
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

Ordinance No. _____ (2025 Series) Page 4
O ______
Exhibit A

17.02.020 Purpose, authority, and applicability.

A. Purpose. The zoning regulations are intended to guide the development of the city in an orderly manner, implement the policies of the general plan, protect and enhance the quality of the natural and built environment, promote the public health, safety and general welfare by regulating the use of land and buildings and the location and basic form of structures, and provide the physical, environmental, economic, and social advantages that result from the orderly planned use of land resources.

B. Authority. The zoning regulations are enacted based on the authority vested in the city of San Luis Obispo and its charter, and the state of California, including but not limited to the State Constitution, Planning and Zoning Law (California Government Code Section 65800 et seq.), and the California Health and Safety Code. (Ord. 1650 § 3 (Exh. B), 2018) C. Applicability. The zoning regulations shall apply, to the extent permitted by law, to all property within the limits of the city of San Luis Obispo and to property for which applications for annexation and/or subdivisions have been submitted to the city of San Luis Obispo, including all uses, structures and land owned by any private person, firm, corporation or organization, the City of San Luis Obispo, or other local, State or Federal agencies. Any governmental agency shall be exempt from the provisions of the zoning regulations only as required by otherwise applicable state and federal law. The city of San Luis Obispo shall be exempt from the requirements of the zoning regulations for public safety features associated with public projects necessary to protect the public health, safety and welfare. Public safety features are defined as structures, architectural elements, devices, barriers, technology, communications, operational resiliency, fencing and / or walls, or other features of a public project that protect the public health, safety and welfare of the community.

RESOLUTION NO. PC-1110-2025

A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION

RECOMMENDING THE CITY COUNCIL INTRODUCE AND ADOPT AN
ORDINANCE AMENDING TITLE 17 OF THE CITY’S MUNICIPAL CODE (ZONING REGULATIONS) SECTION 17.02.020, “PURPOSE AND
AUTHORITY OF THE ZONING REGULATIONS” TO INCLUDE AN
“APPLICABILITY” SUBSECTION. THE PROJECT IS EXEMPT FROM

ENVIRONMENTAL REVIEW (CEQA) AS REPRESENTED IN THE

PLANNING COMMISSION AGENDA REPORT AND ATTACHMENTS
DATED SEPTEMBER 24, 2025 (CITYWIDE; CODE-0666-2025)
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, San Luis Obispo, California on September 24, 2025, for the purpose of recommending an amendment to Section 17.02.020 in Title 17 (Zoning Regulations) of the Municipal Code, pursuant to a proceeding under CODE-0666-2025; City of San Luis Obispo, applicant; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and
WHEREAS, the Planning Commission has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows:

Section 1. Findings. Based upon all the evidence, the Commission makes the following findings:

1. The proposed amendment is consistent with Land Use Element Policy 12.1:

Zoning Regulations because the amendment would provide procedural and applicability clarity as to how the Zoning Regulations apply and expressly authorize the City to incorporate necessary public safety features associated with public projects to protect the public health, safety and welfare.

2. The proposed amendment is consistent with Land Use Element Programs 4.9,

4.23, and 4.36 because the amendment would exempt public safety features of a public project that supports the public health, safety, and welfare.

3. The proposed amendment is consistent with and further enhances Zoning Regulations Section 17.02.030 that states, “Land or buildings may be used and structures may be erected or altered only in accordance with the regulations in this title” because the amendment would clarify how the Zoning Regulations apply and expressly authorize the City to incorporate necessary public safety features of a public project to protect the public health, safety and welfare of the community.

Planning Commission Resolution No. PC1110-2025
CODE-0666-2025 (Citywide)

Section 2. Environmental Determination. The proposed text amendment is exempt under Section 15061(b)(3) of the CEQA Guidelines. This “Common Sense” exemption states that CEQA only applies to projects that have the potential for causing significant effect on the environment. Since the text amendment is a minor revision to Title 17 (Zoning Regulations) of the Municipal Code, specifically Section 17.02.020, “Purpose and Authority of the Zoning Regulations” intended only to provide clarity and expressly authorize exemptions for public safety features of public projects otherwise required to comply with City policies and regulations, this amendment clearly does not have the potential to cause any significant effect on the environment.

Section 3. Action. The Planning Commission hereby recommends the City Council introduce and adopt an ordinance amending Title 17 of the City’s Municipal Code (Zoning Regulations) Section 17.02.020, “Purpose and Authority of the Zoning Regulations” to include an “applicability” subsection as set forth in Exhibit A and incorporated herein.

On motion by Commissioner Kahn, seconded by Commissioner Jorgensen, and on the following roll call vote:

AYES: Commissioner Kahn, Commissioner Jorgensen, Commissioner MunozMorris, Commissioner Cooley, and Vice Chair Tolle NOES: None
REFRAIN: None
ABSENT: Commissioner Flores and Chair Houghton
The foregoing resolution was passed and adopted this 24th day of September 2025. ____________________
Tyler Corey, Secretary
Planning Commission

Planning Commission Resolution No. PC1110-2025
CODE-0666-2025 (Citywide)

Exhibit A

17.02.020 Purpose, authority, and applicability.

A. Purpose. The zoning regulations are intended to guide the development of the city in an orderly manner, implement the policies of the general plan, protect and enhance the quality of the natural and built environment, promote the public health, safety and general welfare by regulating the use of land and buildings and the location and basic form of structures, and provide the physical, environmental, economic, and social advantages that result from the orderly planned use of land resources.

B. Authority. The zoning regulations are enacted based on the authority vested in the city of San Luis Obispo and its charter, and the state of California, including but not limited to the State Constitution, Planning and Zoning Law (California Government Code Section 65800 et seq.), and the California Health and Safety Code. (Ord. 1650 § 3 (Exh. B), 2018) C. Applicability. The zoning regulations shall apply, to the extent permitted by law, to all property within the limits of the city of San Luis Obispo and to property for which applications for annexation and/or subdivisions have been submitted to the city of San Luis Obispo, including all uses, structures and land owned by any private person, firm, corporation or organization, the City of San Luis Obispo, or other local, State or Federal agencies. Any governmental agency shall be exempt from the provisions of the zoning regulations only as required by otherwise applicable state and federal law. The city of San Luis Obispo shall be exempt from the requirements of the zoning regulations for public safety features associated with public projects necessary to protect the public health, safety and welfare. Public safety features are defined as structures, architectural elements, devices, barriers, technology, communications, operational resiliency, fencing and / or walls, or other features of a public project that protect the public health, safety and welfare of the community. These features shall comply and / or conform with the General Plan and the California Environmental Quality Act (CEQA) as applicable.