HomeMy WebLinkAbout10/15/2024 Item 6b, Rowley
Sandra Rowley <
To:Stewart, Erica A; Marx, Jan; Pease, Andy; Francis, Emily; Shoresman, Michelle
Cc:E-mail Council Website
Subject:SUBJECT: Item 6b, Review of an Appeal Regarding a Fraternity Conditional Use Permit
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Dear Mayor Stewart and Members of the Council,
First of all, RQN appreciates that Lamda Chi Alpha applied for this Conditional Use Permit - an action many
other fraternities have not taken.
Please keep in mind during your review and deliberation that Lamda Chi Alpha is first of all a residence
that is located in a neighborhood. The area in which it is located contains seniors, families, and children as
well as college students. It is not adjacent to or part of the downtown which comes alive from before 8
a.m. until after 2 a.m., nor is it in an identified entertainment zone.
The staff report implies that the Conditional Use Permit (CUP) is different from previous fraternity CUP’s
because they were issued several years ago. However, we contend that it is different because it was based
on more recent CUP’s that were issued to two sororities, Delta Gamma and Alpha Omicron Pi.
Sororities vs Fraternities
Why should fraternity CUP’s be different from sorority CUP’s? The National Panhellenic Conference requires
sororities to hold alcohol-free events and prohibits Panhellenic funds from being used to buy alcohol.
Fraternities do not have this restriction. As a result, sororities hold many events at fraternities or at third-
party venues; thus, events held at sorority houses are not as disruptive as those held at fraternity houses
and do not need the added conditions. For example, during the 2023-2024 academic year six (6)
fraternities had 37 noise complaints while nine (9) sororities had 2 noise complaints. By the way, there is
no reason that fraternities cannot also host parties and other large gatherings at third-party venues;
fraternities at other CSU’s do this.
The changes made to Noise Control (updating fine amounts), Unruly Gatherings (clarifying components)
and the Safety Enhancement Zones (adding holidays) do not compensate for the conditions placed in
other fraternity CUP’s that were omitted from this one. Those conditions should be restored.
Additionally, five of six CUP’s currently in effect, including the previous one for Lamda Chi Alpha, restrict
the number of persons allowed on the site between 10 p.m. and 9 a.m. The new Resolution, No. PC-1085-
24, allows a maximum 48 people at routine meetings and gatherings. However, no time of day is
specified, thus allowing 48 people to be on-site between 10 p.m. and 9 a.m. Forty-eight people gathering
outside during nocturnal hours can, and often do, make a considerable amount of noise, and this is a
residential neighborhood.
The Current Condition 14 states:
The fraternity use shall comply with Table 1 (Exterior Noise Limits) of Section 9. 12. 060 (Exterior Noise
Limits) between the extended hours of 10: 00 pm and 9:00 am, except as approved in writing as a special
event by the Community Development Director.
This allows 48 people on-site during the extended hours without a special event permit.
In this part of town, especially at this time of night, adherence to the noise ordinance is critical.
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MC 17.86.130 B.1., Required Findings, Fraternities and Sororities, states:
“As conditioned, the project will not be detrimental to the health, safety, and welfare of persons living or
working at the site or in the vicinity because conditions have been included that place limits on the
number of persons allowed on site, restrict activities, provide adequate parking, and limit potential
disturbances to neighboring properties. The project will be compatible with site constraints and the
character of the neighborhood.” (emphasis added)
1. Replace Condition 14 to read: “No meetings or other gatherings involving persons other than the 24
fraternity members living on the site are allowed between the hours of 10 p.m. and 9 a.m., except as
approved in writing as a special event by the Community Development Director.”
Current Condition 16 states:
Live entertainment, bands, and/or amplified sounds are prohibited, unless otherwise approved through a
special event by the Community Development Department.
However, MC 9.12.040 General noise regulations states:
“Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any
person to willfully or negligently make or continue, or cause to be made or continued, or permit or allow
to be made or continued any noise which disturbs the peace and quiet of any neighborhood or which
causes any discomfort or annoyance to any reasonable person of normal sensitivity in the area.
No permit shall be issued for any activity that may violate this section.” (emphasis added)
Amplified music from bands or DJ's can be disturbing not only to neighbors nearby, but also to those living
several streets away from the site where it is occurring, and it definitely disturbs the peace and quiet of a
neighborhood.
2. Replace Condition 16 to read: “No events involving the use of amplified sound equipment shall be
allowed.”
Authority and Duties of the Noise Control Office(r) (NCO): MC 9.12.30 states: “The noise control
program established by this chapter shall be administered by the community development department
(administration/special exceptions of time periods greater than forty-eight hours/ zoning enforcement)
and the police department (noise violation enforcement/special exceptions of time periods less than forty-
eight hours).” (emphasis added)
It is unclear to whom one would go for the Special Event Permit. Initially to the Community Development
Director who then provides it to the Police Chief for action or to the Police Chief who then coordinates with
the Community Development Director?
Limitation on Gatherings: We are confused about the discussion in the staff report since MC 17.86.130
specifies a Required Finding that conditions have been included that place limits on the number of persons
allowed on site, restrict activities, provide adequate parking and limit potential disturbances to
neighboring properties. In addition, other fraternity CUP’s contain the same or similarly worded
restrictions. (emphasis added)
Threshold: Reference Condition 3 to provide a threshold to automatically trigger Planning Commission
review. Why is an automatic threshold needed? Two written complaints have been sent to the
Community Development Department concerning the same fraternity, one in February 2024 (6 noise
violations/unruly gatherings in 10 months) and one in June 2024 (included an additional 5 complaints,
some with 100 people). Thus far no Planning Commission meeting has included review of the fraternity’s
CUP.
The Planning Commission suggested a “four strikes” threshold within 12 months, whereby the CUP would
automatically be reviewed by the Planning Commission if the fraternity received four violations of the
City’s noise ordinance or property maintenance regulations within 12 months.
> The previous CUP for 1264 E. Foothill included an equivalent provision in Condition 10: “Use permit
shall be reviewed if the City receives any reasonable written citizen or Police or Fire Department
complaints, or if two convictions are received for violations of the City's noise or property maintenance
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regulations within a six-month period. It also stated: 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.”
> The new CUP revised that condition, now Condition 3, to state: “The Conditional Use Permit 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. At the time of the Conditional Use Permit review, to ensure ongoing
compatibility with nearby uses, the conditions of approval may be added, modified, and/or removed, or
the Conditional Use Permit may be revoked.”
This new CUP places the burden of writing up a complaint on City staff as well as on residents. Code
Enforcement (the Community Development Department) knows, and has documentation, of violations of
property maintenance standards and the outcome, and the Police Log shows when there has been a DAC
or citation issued to a fraternity and the Police Department knows if it was or was not successfully
appealed. These “proofs” can be used in lieu of written complaints and, hopefully, be referred to the
Planning Commission in a timely fashion if a threshold of violations is established to trigger
review. Written complaints could still be accepted, just not be the only form of input required.
Recommend revising Condition 3 to read:
3. The Conditional Use Permit shall be reviewed by the Planning Commission if and when the fraternity
receives four violations of the City’s noise ordinance, or four property maintenance violations, or a
combination of the two equaling four violations within 12 months. At the time of the Conditional Use
Permit review, to ensure ongoing compatibility with nearby uses, the Planning Commission may add or
modify conditions of approval, or revoke the Conditional Use Permit. The Planning Commission may
consider adding a condition requiring fraternity officers to perform one or more community service
projects in the neighborhood.
Accumulation of Violations against the Parcel
The Planning Commission suggested that violations should accumulate against the parcel instead of
against each of the six individual addresses since it is one parcel, one CUP and the property is occupied
exclusively by the fraternity. This was also suggested in written and oral comments. However, this
condition was not included.
The Staff Report is correct that the Conditional Use Permit regulates activities for the entire parcel – as it
relates to property maintenance violations. This is not just because of the CUP, but also because the
Community Development Department also deals with a property using their APN.
However, the Police Department addresses noise violations by street name and number. For example,
this property, which was subject to a CUP from 2001-2021, received noise citations at 1264 and 1264 ½
Foothill separately; therefore, the citation fines were not cumulative against the property.
With six addresses and two streets as part of this parcel it is conceivable that separate addresses could all
be issued “first citations” for noise ($350) instead of subsequent ones that carry a higher penalty without
them ever being attributed to the parcel as a whole. That was the rationale for requesting a condition be
added to attribute noise violations for any of these addresses to the main house at 1264 East Foothill. We
believe a condition so stating is consistent with holding the fraternity collectively responsible for their
activities. Recommend a new condition:
4. All dwellings on the property, regardless of street address, shall be considered as Lamda Chi
Alpha. Any violation of the Municipal Code (or, if preferred, Any violation of the noise ordinance),
regardless of the dwelling unit where it occurred, shall be considered a violation by the fraternity and
assigned to the main house at 1264 East Foothill and/or this CUP.
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Compliance with Conditions and with Federal, State, and Local Law
This “catch-all” condition is included in most of the existing CUP’s, including the previous one for Lamda
Chi Alpha; it reinforces the conditions, the law, and the potential affect of the fraternity’s actions on
people in the surrounding area. Recommend new condition:
5. 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 the revocation of this permit.
Last thoughts
Land Use Element Policy 2.1, Neighborhood Focus: “The City shall preserve, protect and enhance the
City’s neighborhoods and strive to preserve and enhance their identity and promote a higher quality of life
within each neighborhood.”
Since the CUP goes with the land we wanted to look to the future as well as the present. As the most
recent fraternity CUP, we think this could be used as a template for future fraternity CUP’s. Today it’s
about the quality of life for everyone living or working in the Alta Vista Neighborhood. Tomorrow it may
also include Neighborhoods North of Foothill or other city neighborhoods.
Thank you for your time and attention.
Respectfully submitted,
Sandra Rowley
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