Delta Chi will no longer be able to legally operate their fraternity house after San Luis Obispo City Council denied the fraternity’s permit revocation appeal at Tuesday’s meeting.
The San Luis Obispo City Council voted 4-1 to deny Delta Chi’s appeal of the Planning Commission’s revocation of their conditional use permit (CUP) on Monte Vista Place. Councilmember Emily Francis dissented. The permit will be “conditionally revoked,” meaning that within a 60-day timeframe, the fraternity can apply for a modification of the conditionally revoked permit.
This means that the fraternity would be charged the modification fee — a quarter of the fee for a new application — and have to get that modification approved. During the period, if there is one citation related to unruly gathering or noise, the revocation will become permanent.
Councilmember Jan Marx said Delta Chi’s members need to take responsibility for their persistent noise complaints and “exert a great deal of peer pressure on each other” to use their home in a respectful manner.
“It’s not the community’s noise problem, it’s the fraternity’s problem because they’re not able to control themselves as young men,” Marx said. “And that’s something they need to learn.”
During the presentation, city staff went over different complaints and noise violations cited to the fraternity house including a citation for an unruly gathering on March 15, around the time of St. Patrick’s Day celebrations, and a recent citation on October 4 for noise.
“Considering all evidence, the planning commission was concerned to determine that the design, location, size and operating characteristics of the site as a fraternity were not compatible,” Assistant Planner Mallory Patino said.
The original permit at 1236 Monte Vista is from 1998 and during the meeting, Delta Chi brought up the need to modernize this permit. Every permit is a little different, depending on the property and when it was created.
The current process for conditional use permits leaves no room for “collaborative conversation,” incoming risk management chair for Delta Chi Garrett Heger said during the public meeting.
“Right now there is no built in mechanism for early warning, open dialogue or corrective action between the city and the Greek organization,” Heger said. “There are also no clear ways to distinguish between a Greek-related event and a standard neighborhood noise complaint.”
As the risk management officer, Heger addressed the recent citation they received two weeks ago. Heger said this was not a fraternity event, the people involved were acting individually without chapter authorization and they were disciplined.
Incoming president of Cal Poly Delta Chi fraternity Chris Green said during the public meeting that many issues commonly associated with Greek Life and Greek Housing in the wrong residential zones do not apply to Delta Chi, as they are located in residential zones that allow fraternity houses, and Delta Chi only hosts events within that designated area.
“We recognize that neighbors and city staff have raised real concerns about neighborhood compatibility, safety and accountability and we take those concerns seriously,” Green said. “Delta Chi has worked in good faith to address every issue cited by the Planning Commission including noise, crowd management, communication and compliance.”
During the appellate presentation, Delta Chi said they have proposed solutions including stronger noise and event protocols, defined occupancy management standards, annual education and compliance program, neighbor management plan for outreach and a community service program that gives back to San Luis Obispo.
Councilmember Emily Francis, who voted against the conditional revocation, thanked everyone who came out to the City Council meeting and getting involved.
“I was really heartened to hear from the fraternity members that they had the desire to keep their CUP because they wanted to be in compliance with city regulation,” Councilmember Francis said.
Francis said they do have an issue with neighborhood livability, especially in R1 and R2 zones, where fraternities and sororities cannot apply for conditional use permits, but they are spending too many of their resources on the CUP process. Francis asked council members if there is a more proactive way to work on neighborhood livability.
Green acknowledged that they understand there is never a guarantee that there won’t be issues as they move forward.
“With a conditional use permit in place, clear expectations and ongoing collaboration, the likelihood of problems will be far less than without one,” Green said during the public meeting. “The CUP provides structure, accountability and a mechanism for continuous improvement, the exact tools that make responsible progress possible.”