City Policies

City Policies

San Luis Obispo City Policies

Policies can be a very dry subject; however, it’s necessary to cover a few topics to realize the contradictions and issues occurring in our neighborhoods today, particularly the neighborhoods surrounding Cal Poly. We will briefly look at them one at a time. Zoning is also covered on a previous page.

Zoning

For the City of San Luis Obispo to grow in an organized manner, the city developed zoning regulations. The city was divided into zones, and each zone had a specific “use,” meaning the type of activities allowed to occur in that zone. A link to an interactive web page on the city’s website depicting these zones can be found here.

For example, it lists the Residential zones as follows:

  • R-1 Low-Density Residential
  • R-2 Medium-Density Residential
  • R-3 Medium-High Density Residential
  • R-4 High-Density Residential

The San Luis Obispo Municipal Code Land Use (Chapter 17.156) also contains definitions and is where you can find the definition of a fraternity or sorority. It doesn’t distinguish between a satellite house or a main Chapter house. Fraternities and sororities are defined as:

“Residence 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.”

The operation of fraternities or sororities is restricted to more dense R-3 and R-4 Residential zones with a Conditional Use Permit which imposes regulations, such as limiting occupancy during certain hours and prohibiting the fraternity from violating the City’s noise ordinance. If a written complaint is made related to the fraternity violating the terms of their Conditional Use Permit, it can be revoked.

Ordinances

Like many other cities, the City of San Luis Obispo has an ordinance covering noise, found in the San Luis Obispo Municipal Code 9.12.050. Unruly gatherings are also defined in San Luis Municipal Code 9.13.020.

Noise Ordinance

Noise is a hot-button issue in neighborhoods impacted by illegal satellite fraternities like the Alta Vista and Monterey Heights neighborhoods. The synopsis of the San Luis Obispo noise ordinance is as follows:

  • It applies twenty-four hours a day, seven days a week
  • A noise disturbance that is “plainly audible at a distance of fifty feet from the noisemaker” is prohibited at any time, 24/7.
  • Amplified noise, such as sound from radios, television sets, musical instruments, etc. are prohibited from crossing the property line from 10 p.m. to 7 a.m.
  • Sound levels defined in a table (50 db in an R-1 and R-2 residential area—comparable to the sound of rain or a quiet refrigerator) are prohibited from crossing the property line between 10 p.m. and 7 a.m.

The noise ordinance is often misquoted as noise being prohibited “fifty feet from the property line” but that is incorrect. It is actually “fifty feet from the noisemaker”. So if someone is having a party in their backyard and it can be heard from the street, that is likely fifty feet from the noisemaker and is a violation of the noise ordinance.

Unruly Gathering

An Unruly Gathering is defined as follows:

  • A gathering of twenty or more persons on private property
  • that results in conduct that causes a substantial disturbance of the quiet enjoyment of private or public property 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.

Conduct that causes a substantial disturbance or presents a threat to the health, welfare, and safety of those in attendance includes, but is not limited to:

  • a noise disturbance;
  • obstruction of public streets or rights-of-way by people or vehicles;
  • public drunkenness;
  • unlawful possession of alcohol or drugs;
  • serving alcohol to minors;
  • fights;
  • disturbances of the peace;
  • urinating or defecating in public;
  • setting off fireworks; vandalism;
  • littering on public property or private property not belonging to the host of the gathering;
  • presence of persons on rooftop areas not designed for occupancy;
  • unpermitted live bands, amplified music, or DJs;
  • throwing bottles or other objects or substances at law enforcement or any other person.

More on noise level comparisons can be found here.