The URL can be used to link to this page

Home My WebLink About6/12/2024 Item 4a, Walker, K. kathie walker < To:Advisory Bodies Subject:Planning Commission, 6/12/2024, 1264 Foothill Fraternity Use Permit Attachments:Kathie Walker letter to Planning Commission.pdf This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear City Clerk, Please forward this email to the Planning Commission for the upcoming meeting on 6/12/2024 for the Conditional Use Permit (USE-0331-2023) for Lambda Chi Alpha at 1264 Foothill Blvd. I've also attached the Fraternity Report from 11/2023, which contains the current conditional use permits for every other fraternity in San Luis Obispo on pages 15 - 50, referenced in my letter. The table of contents lists each fraternity and the corresponding page numbers. I've also attached videos relevant to fraternity houses in our neighborhood, including one on Foothill Blvd, also referenced in my letter. Thank you, Kathie Walker To To help help protprot ect ect your your privapriva Fraternity Report to SLO CDD Tway and Mezzapesa November 5 2023.pdf cy, …cy, … To To help help protprot ect ect your your privapriva Fraternity dayges in the neighborhood.mp4 cy, …cy, … To To help help protprot ect ect your your privapriva Fraternity Parties 348 Hathway 4.26.2024 .mp4 cy, …cy, … 1 1 June 6, 2024 Dear Planning Commissioners, I support Lambda Chi Alpha’s conditional use permit (CUP) for fraternity operations at 1264 & 1264 ½ Foothill Blvd and 1241, 1243, 1249 and 1251 Monte Vista Place. The conditions in a CUP are important to ensure that the neighbors of a fraternity house are not adversely impacted by fraternity operations. I feel there are some conditions missing from the CUP which are covered in more detail below. The parking suggested is good because much of our neighborhood is not a parking district and it is difficult for guests to find parking on the street. The Planning Commission’s role is to review the project for consistency with the General Plan, Zoning Regulations, and applicable City development standards and regulations including section 17.86.130 A, which says, “This section is intended to promote the quality of life in residential neighborhoods by ensuring that dwelling units housing multiple persons who are members of a fraternity or sorority provide adequate support facilities for the intensity of associated use, and that such uses are operated in a manner that is not detrimental to the neighborhood in which they are located due to excessive noise, inadequate off-street parking, general property maintenance, and similar conditions…” The proposed CUP does not adequately address the noise problems associated with fraternity houses. I have been invested in the fraternity issue in our neighborhood for the last couple of years because our home has been increasingly surrounded by fraternity houses and it has negatively affected my family. I began researching the issue which led me to a understand the gravity of the situation and the City’s predicament. There are only seven fraternity CUPs but 18 fraternities in Cal Poly’s Interfraternity Council (IFC), and most fraternities have multiple house locations. The information I uncovered blew my mind, to be honest, because it’s gotten so far out of control. I spoke with Derek Johnson (previous city manager) about it, and he encouraged me to share my information with Timmi Tway who was newly hired as Community Development Director. So, I prepared a report, including detailed information about each of the fraternities and an outline of the overall situation, and provided it to Ms. Tway and John Mezzapesa during a meeting with them last year. I apologize for the length of my letter and appreciate your time to review it. The Cal Poly fraternity situation is a huge issue and is difficult to understand the scope without some context that is relevant to the proposed CUP. THE NATURE OF FRATERNITY HOUSES As fraternities have emerged in our neighborhood, I can confirm that movies like Animal House and Neighbors are not an exaggeration of the chaos that a fraternity house brings to a neighborhood. The Courts have repeatedly established that a fraternity house is a unique classification of housing that has an adverse effect on neighboring properties due to noise and other issues, therefore cities have specific zoning regulations associated with their placement in a community. There is a big difference between denser housing such as apartments or a boarding house and a fraternity house, and court rulings have consistently confirmed that fact. In Long Beach v. Sigma Alpha Epsilon, the court stated: “The facts of life dictate that there is a vast difference between a boarding house or lodging house and a fraternity house... college spirit contemplates frequent gatherings with attendant boisterous conduct on occasions. The rush parties, the dances, the rallies and other manifestations of the collegiate spirit are present in a fraternity house and frequently absent in a boarding house or an apartment.” City of Long Beach v. California Lambda Chapter of Sigma Alpha Epsilon, 255 Cal.App.2d 789. While a fraternity house is allowed in R-3 and R-4 zones in the City, the CUP must have conditions to address and mitigate the known issues related to a fraternity house, so it is not detrimental to the health, safety or welfare of those living and working in the neighborhood. Noise pollution (defined as an unwanted or disturbing sound) has been linked to health problems. Noise also disturbs a good night of sleep and causes difficulty falling asleep and 2 awakening, which lead to sleep deprivation and several other negative health consequences such as depressed mood, decreased cognitive performance, and fatigue1. We have many unpermitted “satellite” fraternity houses around our home, and there is one fraternity with a CUP at the end of our street. We can hear fraternity parties from our home, including at the fraternities on Foothill Blvd. Our neighborhood feels like a downtown bar district on many weekends because of the fraternity houses nearby. My husband and I have raised our sons here and our neighborhood has completely changed, especially over the past several years, specifically because of the proliferation of fraternity houses nearby. We have known and enjoyed our college-student neighbors and do not expect a perfectly quiet neighborhood. In fact, we loved the vitality of the mix of residents who lived here. When our sons were young, we carved pumpkins on our porch with college-student neighbors during Halloween season. I also participated in the production of a video for Cal Poly that was shown during W.O.W. week, promoting the relationship between long-term residents and our college student neighbors. But we no longer recognize our neighborhood, and it has become a nightmare because of the fraternity houses. I cannot begin to describe the adverse effect the “fraternity situation” has had on my and my family’s life, because we are unable to rest or enjoy our property much of the time due to the noise from fraternity houses. Fraternity parties are completely different from standard college-student parties, and fraternity house operations are completely different than standard college-student housing situations. Last year, Theta Chi fraternity moved into the rental house across the street and immediately had a fraternity party in their backyard with 700 people. At the same time, Sigma Pi fraternity moved into the rental house next door and had non-stop fraternity activities, drinking games, loud music and parties late at night, people coming and going, slamming doors, yelling throughout the night, and vomiting from their side deck near our bedroom windows due to overconsumption of alcohol. Fraternities are nocturnal operations and many of their events are centered around alcohol consumption.2 We did everything possible to work with the fraternity next door by texting them instead of calling SLOPD and we heard every excuse you can imagine. When we went over to break up an enormous fraternity party after one of their guests vomited in our front yard, some of the fraternity tenants told us that we don’t belong in this neighborhood and should move. Afterward, we decided we would no longer text them and would call SLOPD for their parties. Soon after, they received a noise citation while my husband was at work (he sometimes works nightshift) and they began harassing and cyberstalking me. Although their lease was not renewed for this year, they still dox me online, post untrue things using my full name on social media, advertise open parties at our home address, trespass onto our property near our bedroom window and say my name, and other creepy things that are caught on our video surveillance. I am not blaming this sort of activity on all fraternities. However, there is an overall entitlement that we have repeatedly experienced by many of the fraternity members in our neighborhood, that they have the right to have crazy parties whenever and however they want, and if we don’t like it, we shouldn’t live here. The unique nature of a fraternity house makes it important to set out clear terms in the CUP, from the beginning, so the fraternity and the neighborhood know what to expect. THE DIFFERENCE BETWEEN SORORITIES & FRATERNITIES Sororities are governed by the National Panhellenic Conference (NPC) and the NPC prohibits alcohol in sorority houses and the use of Panhellenic funds for alcohol, which means that sororities cannot host parties with alcohol in 1 Citation: Noise Pollution, Southern Medical Journal. https://docs.wind-watch.org/goineshagler-noisepollution.html 2 After a Cal Poly SLO fraternity pledge, Carson Starkey, died from alcohol poisoning, the National Interfraternity Conference sent industry experts to Cal Poly to conduct an in-depth assessment of the school’s Greek system, according to university records. … The assessment, prepared by fraternity executives, college administrators and a social worker… said alcohol was “a, and perhaps THE, defining factor” of Greek life. (“Cal Poly Brings Back Freshman Pledging After Lobbying ”, Bloomberg News, October 14, 2013.) 3 their houses. They can host social events at third-party venues but mostly, sororities at Cal Poly attend fraternity parties at fraternity houses in San Luis Obispo. The fraternity houses near our home have raging parties that host different sororities on weekends throughout the academic year. Nearly every weekend that Cal Poly is in session, we see and hear large groups of females walking to and from fraternity houses in our neighborhood. Cal Poly posted a report online that lists the “sanctioned events” of every fraternity and sorority at Cal Poly during the academic year 2022-2023, including the location of each party/event held by each fraternity and sorority.3 Every sorority party event listed in the report is at the addresses of a fraternity house in San Luis Obispo, including satellite fraternity houses, or an event at a third-party venue. This is in line with the NPC policy that prohibits parties with alcohol at sorority houses. Since sorority houses don’t host large, alcohol-fueled parties, they do not have the same impact and repercussions on the neighborhood as fraternity houses. HOURS OF OPERATION After reviewing the conditions outlined in the CUP, I noticed there are some important conditions missing, such as hours of operation. The existing CUPs for other Cal Poly fraternities state that no meetings or gatherings will take place between 10 p.m. and 9 a.m. This is a critical item, to ensure that noise from the fraternity doesn’t adversely impact the neighboring properties. I have attached the CUPs for every fraternity in San Luis Obispo, for your reference (Fraternity Report, pgs. 15- 50.) Of the seven CUPs for fraternities in the city, one fraternity (Sigma Nu) has two CUPs, so only six fraternities have use permits out of 18 fraternities in the IFC. Cal Poly does not provide on-campus housing for any of their fraternities and most fraternities have several houses at different addresses that operate as fraternity houses. Some CUPs for fraternities do not allow parties. For example, Sigma Nu’s CUP at 1304 Foothill, condition 11 prohibits parties except for two events per year for parents and alumni: “No hosted Greek events on the site shall be allowed (i.e. TG’s [themed gatherings], rush events, little sisters, etc.) One parents’ barbeque and one alumni barbecue may be held at the site each year. Not more than thirty-eight (38) persons may be present at either event, including fraternity members.” Condition 10 specifically prohibits the use of amplified sound at events. Condition 5 states, “No meetings or other gatherings involving persons other than fraternity members living on the site are allowed between the hours of 10 p.m. and 9 a.m.” and condition 3 strictly limits all fraternity activity to the house only, “for residential use”. Sigma Nu’s CUP was approved 30 years ago, and the number of fraternities at Cal Poly has increased since then, which has had a greater impact and more strain on our neighborhood. Wit h this increase, there is a responsibility to ensure that the known issues of a fraternity house are thoroughly addressed and not diluted in the CUP. The current Applicant, Lambda Chi Alpha, had a CUP for an address at 1292 Foothill Blvd. The CUP stays with the property, which is now occupied by Sigma Nu. The conditions include (condition 7) “No meetings, parties, or other types of similar activities involving persons other than the residents are allowed between the hours of 10 p.m. and 9 a.m., except as provided by the Community Development Director.” The CUP for Lambda Chi Alpha’s current application should include the same language. NOISE IMPACTS NEAR A LOW-DENSITY RESIDENTIAL NEIGHBORHOOD In Attachment B, the Applicant states that the property is located “steps from the Cal Poly campus” but it is important to note that it is also steps from an R-1 & R-2 residential neighborhood with many long-term residents and others who are impacted by the fraternity. (See neighborhood map, below) 3 The AB 524 Report is mandated by Assembly Bill 524: The Campus Recognized Fraternity and Sorority Transparency Act, and is posted on Cal Poly’s Greek Life webpage, beginning 10/1/2023, and annually thereafter. The report for this academic year (2023-2024) will be posted on 10/1/2024. 4 Fraternity parties on Foothill Blvd can be heard from blocks away. Noise travels throughout the neighborhood and it is difficult to tell where it is coming from unless you walk to the party to find the exact location. Many times, I have thought a party was the next block over, and was surprised it was at a fraternity three blocks away on Foothill Blvd. There are so many examples, but I’ll describe a recent incident on Memorial Day weekend which illustrates how we are affected by fraternity parties on Foothill Blvd. On 5/25/2024, we could hear loud music and a lot of yelling at around 2 p.m. It continued to get louder over the course of an hour, and we found it was coming from a fraternity a few blocks away at 1237 Foothill. We called SLOPD and were told that the party had already been issued a noise citation and SLOPD would go back to the party location. Two hours later, the thumping music and screaming could still be heard from our home. We went over to see if it was the same party, and it was. There were police officers sitting in two SLOPD units parked on Kentucky Ave , facing toward Hathway. People were climbing over the fence from Hathway to reach the backyard of 1237 Foothill. One officer said the fraternity had already been issued two noise citations, but the fraternity refused to stop the party! The officer had called his sergeant to respond so they could figure out what to do. We endured hours of thumping music and screaming from the fraternity party three blocks away from our home. 5 It has become more common for a fraternity to continue their loud party even after they’ve been issued a citation for a noise violation. Sometimes the party increases in size and volume and SLOPD is called again. The day after the party described above, on 5/26/2024, there was another large fraternity party at 1841 Slack for Zeta Beta Tau. The SLOPD dispatch log shows someone called SLOPD at 1:50 p.m. and a noise citation was issued with 70 people noted, but the party didn’t stop and continued to grow. At 2:30 p.m. another call was made to SLOPD issued another citation and noted 100+ people. Someone else called SLOPD from Hays & Graves, a block away, to report a large party heard in the area. After Zeta Beta Tau ended the party on Slack, they had a loud party at another of their documented satellite fraternity houses on Albert and received another noise citation. One does not expect a standard party to consist of 50-100+ loud, intoxicated people with blaring music heard blocks away, day and night, even in an R-4 zone, but that describes a standard fraternity party. There are also constant drinking games, yelling, chanting and profanity throughout the weekend, increased car and foot and traffic, to and from the fraternity parties, and intoxicated people screaming as they pass by. There is no escape if you live nearby. The only way to have any order is to set out detailed conditions in the CUP, that address the hours of operation and noise impacts in a meaningful way, and to enforce the CUP. I have attached a 2-minute video with series of videos in the past few weeks including:  A short clip of the Theta Chi party at 1237 Foothill on 5/25/2024, taken from a block away in an R-1 zone.  The video that was posted by Theta Chi fraternity beforehand, advertising the party that took place at 1237 Foothill on Saturday 5/25/2024.  The video that was posted by a Zeta Beta Chi fraternity advertising a party that took place at 1841 Slack on Sunday 5/26/2024.  The video posted by a Phi Sigma Kappa fraternity advertising a party beforehand that took place at 348 Hathway on 5/18/2024.  Video taken of the party at 348 Hathway on 5/18/2024. If the attachment doesn’t work here’s a link: https://vimeo.com/955676812?share=copy We have dozens of videos and, unfortunately, have become increasingly frustrated over the past two years due to lack of action by the City. I’ve attached video with some snippets from various fraternity parties for one fraternity house so you can get an idea of the noise impact from a fraternity house. Link: https://vimeo.com/955760836?share=copy People who live in our neighborhood can’t get away from the constant noise and disruptions that are specifically from fraternity houses in our neighborhood unless we leave our home. And when a party is at night and keeps us awake, we must get out of bed, get dressed, and go find the party to get an address to call SLOPD. There needs to be conditions added to Lambda Chi Alpha’s CUP to better define the fraternity operation, so everything is clear from the beginning, for the benefit of the fraternity and the impacted neighborhood. FOUR STRIKES The CUP should include a condition that outlines a threshold for noise violations, which triggers a review of the CUP. For example, “If four noise citations are issued to the property within 12 months - including a cumulative total of all addresses within the same parcel - the conditional use permit shall be reviewed by the Planning Commission. The Planning Commission may add, delete or modify the conditions of approval or may revoke the use permit.” Condition 3 of the proposed CUP says the CUP “shall be reviewed by the Planning Commission if the City receives substantiated written complaints from any citizen, Code Enforcement Officer, Fire Department or Police Department employee, which contains information and/or evidence supporting a conclusion that a violation of this Conditional Use Permit, or of City Ordinances, regulations, or Police Department resources (e.g., calls for service) applicable to the fraternity use has occurred.” 6 1. One complaint should satisfy this condition, instead of multiple complaints, so that word should be changed from “complaints” to “complaint” in condition 3. 2. It is highly unlikely that the city will write a complaint. The city has not been proactive whatsoever about regulating fraternity operations for at least a decade, when it was documented that there were illegal fraternity houses on Hathway, after a roof collapsed during St. Fratty’s Day. In my report given to Ms. Tway and Mr. Mezzapesa, I pointed out the ongoing violations of the existing CUPs at fraternity houses, but the city did not take any action against the CUPs. For example, Alpha Gamma Rho has been suspended by Cal Poly for two years and is not in good standing, which is automatic grounds for revoking their CUP, but when last I heard, their CUP was not revoked. 3. Residents are reluctant to come forward to file a written complaint and risk being targeted by the fraternity. Several of my affected neighbors have expressed fear about that. Some have contacted Mr. Mezzapesa but will not file a written complaint because they are afraid of retaliation. 4. My husband and I finally made a written complaint against a fraternity CUP in early February based on ongoing violations, including six noise citations / two unruly gatherings in 10 months. No action has been taken by the city. It’s been over four months since the complaint was filed, and the fraternity has received more noise complaints and has been issued at least four more noise citations since then. It makes more sense to have a certain number of strikes (citations) outlined in the conditions, and when that is surpassed, the CUP shall be reviewed by the Planning Commission. A WRITTEN COMPLAINT REFERRED TO PLANNING COMMISSION WITHIN SPECIFIED TIME If a substantiated written complaint is received, the CUP should set forth a timeline for referral to the Planning Commission, for example, within 30 days. LIVE BANDS, DJs, and AMPLIFIED MUSIC Chapter 9.3 of the SLOMC defines the prohibition of unruly gatherings (URG). Unpermitted live bands, DJs and amplified music fall under the URG definition (Section 9.13.020 E) yet are extremely common at a fraternity house. Unfortunately, SLOPD does not often cite live bands, amplified music, and/or DJs as unruly gatherings. Also, Community Development enforces the terms of the CUP and SLOPD does not. The CUP should include a condition that prohibits unpermitted live bands, DJs and amplified music. Although it is already recognized in the SLOMC, other provisions of the SLOMC are listed as conditions of the CUP, and are also covered by the SLOMC, such as the loss of the CUP if the fraternity loses its standing which is specified under SLOMC (17.86.130 A.3). Listing unpermitted bands, etc. as a condition will underscore the importance especially as it pertains to a fraternity house, as this law is commonly violated. If they don’t plan to have unpermitted live bands, DJs and amplified music, then they should not object to having this condition in their CUP. CUMULATIVE CITATIONS FOR FRATERNITY OPERATIONS ON SAME PARCEL Assessor’s Parcel Number (APN) 052-071-030 includes all the addresses in this application for the CUP. If a noise citation is issued to the fraternity, regardless of whether it is for any one of the listed six addresses on the parcel, the citation should accumulate against the APN, not each separate address. The fine for a noise citation increases for each citation written as follows: 1st noise citation, $350, second noise citation, $700, third and subsequent noise citation, $1,000. After nine months without a citation, the fine reverts to $350. When there are multiple addresses on the same parcel, each address is treated separately, so their first citation is $350 for each address. This is because there is a presumption that unrelated groups of people reside at each separate addresses, so it would not be fair to hold one group responsible for the other group’s behavior. However, Lambda Chi Alpha is applying for a CUP as a single entity / fraternity to occupy all addresses on the parcel. Therefore, the fraternity should be held responsible for noise citations cumulatively for the same parcel. 7 NEIGHBORHOOD PLAN Most CUPs for other fraternities include a “neighborhood relations plan” with annual training. At the very least, the fraternity should be made aware of the terms of their CUP every Fall so they understand their responsibilities. NOISE HISTORY OF LAMBDA CHI ALPHA AT THIS LOCATION Since Lambda Chi Alpha has been operating at 1264 Foothill, there have been numerous calls to SLOPD for noisy parties. The fraternity was issued a noise citation at 3:45 a.m. on St. Fratty’s Day, 3/16/2024. Prior to St. Fratty’s Day, in anticipation of the potential for early morning disruptions in the neighborhood, city representatives met with Greek life leaders at Cal Poly and specifically warned them about their participation in St. Fratty’s Day. SLOPD also did not allow fraternities to register parties on 3/16/2024, St. Fratty’s Day. Still, Lambda Chi Alpha received two noise citations at this property early that morning. One week earlier, on 3/10/2023, the fraternity held an event called “SLO Jam” with multiple unpermitted live bands on the property, which is against the law in all residential neighborhoods in San Luis Obispo. The fraternity originally planned to hold the event at a satellite house on Albert Drive, but code enforcement told them and the property owner that live bands are not allowed in any residential neighborhood, and they would receive a code violation if they held the event. Instead of canceling the event, the fraternity moved it to 1264 Foothill and held the event anyway with several unpermitted live bands. Less than five months earlier, on 10/27/2023 at around 10 p.m. my husband and I witnessed hundreds of people in Halloween costumes streaming out of the house and yard at 1264 Foothill Blvd. SLOPD had blocked off a lane of traffic on Foothill Blvd to clear out an out-of-control party at the fraternity house and there were many officers, including bicycle officers, on scene, escorting people off of the property. On 7/14/2023 at 12:30 a.m. the property at 1264 Foothill was cited for a noise violation, and a month earlier, on 6/17/2023 at 11:23 p.m., they received another noise violation. The property at 1241 Monte Vista was issued a noise violation on 2/3/2023 at 10:11 p.m. and had multiple other noise complaints since Fall 2022. 1243 Monte Vista received a citation on 12/2/2023. 1249 Monte Vista had a report filed by SLOPD for a noisy party on 11/15/2022. 1251 Monte Vista had noise violations on 12/3/2022, 12/8/2023, and another on 3/16/2024 at 3:30 a.m., St. Fratty’s Day. This is not a quiet property. The neighbors are negatively impacted by the noise and other fraternity activity. To put this in perspective, most addresses in our neighborhood don’t have a single noise violation but most of the fraternity houses have had multiple noise violations. Please don’t normalize the disruption of a fraternity house just because it’s near campus, because it’s also near our lower-density residential neighborhood. The CUP should address and mitigate the impacts of the fraternity operation, consistent with the CUPs for other Cal Poly fraternities, to ensure that the fraternity members understand the responsibilities toward their neighborhood. Thank you for your consideration and time. Best Regards, Kathie Walker