HomeMy WebLinkAbout05-16-2025 Walker (Fraternity Reports: Parties on weekend 4/17-4/19/2024 & Kappa Sigma)kathie walker <kathiewalkerslo@gmail.com>
Kappa Sigma Fraternity at 281 Hathway Ave
kathie walker <kathiewalkerslo@gmail.com> Wed, May 14, 2025 at 8:14 PM
To: "Tway, Timothea (Timmi)" <ttway@slocity.org>, "Mezzapesa, John" <JMezzape@slocity.org>, "Salem, Rami"
<RSalem@slocity.org>, E-mail Council Website <emailcouncil@slocity.org>
Dear City Leadership,
On Friday, 5/9/2025, I reported a potential fraternity-related event at Kappa Sigma's Main Chapter House at 281 Hathway
Avenue. In my email, I said there was a large inflatable waterslide set up in the backyard, visible from the front of the
house, which likely meant there would be a dayge (or party) on Saturday, 5/10/2025.
Subsequently, the City opened a case to investigate the event through the AskSLO app. Today, I received notification that
the City was "unable to verify" a fraternity-related event happened at 281 Hathway Avenue on Saturday, 5/10/2025. A
screenshot of the email I received is below:
Also today, Kappa Sigma fraternity posted about its fraternity event held at 281 Hathway on Saturday, 5/10/2025. A direct
link to their post is here:https://www.instagram.com/p/DJpeFZFTHhN/?hl=en&img_index=1. Screenshots of the post are
below, including a photo of the inflatable waterslide I referenced in my email on Friday, 5/9/2025:
Gmail - Kappa Sigma Fraternity at 281 Hathway Ave
The fraternity seal on the back of the house at 281 Hathway and is visible in the group photo, above. I have also attached
documentation that shows Kappa Sigma has operated a fraternity at 281 Hathway Avenue for many years. My
documentation starts in Fall 2021, and the timeline continues to the present date.
I am curious about what the process is for the City to verify a violation when it is reported, and I don't understand why the
City was "unable to verify" this fraternity event.
The standard of proof for whether 281 Hathway Avenue is operating as a fraternity is a "preponderance of the evidence,"
which means it is more likely than not. The documentation provided, including the documents attached, far exceeds that
burden.
I have also attached a video of a party at 281 Hathway on 4/12/2025. SLOPD cleared the party with a "Negative
Violation". After the party was shut down by SLOPD, fraternity members walked past our house. Some were so
Gmail - Kappa Sigma Fraternity at 281 Hathway Ave
intoxicated that they had difficulty walking. The conversation between two fraternity members references a "Big-Little
Night" which is an event hosted by fraternities.
I am requesting that the City prosecute the property owner of 281 Hathway Avenue, which is zoned R-1, for ongoing
illegal fraternity operation under SLOMC Code SLOMC 17.02.030 and SLOMC 17.16.010, consistent with the case filed
against the fraternity operating illegally in 1989. That case was previously provided to the City, including the City Attorney,
in January. The property at 281 Hathway Avenue has been a nuisance for a very long time. The property owner and the
fraternity members know that it is illegal to operate a fraternity at the address, yet they continue to do so without
consequence. It is time to start taking the matter seriously and protect our neighborhood from the illegal fraternity
operations.
Please let me know if you need any other information.
Thank you,
Kathie Walker
4.12.2025 Kappa Sigma party 281 Hathway and
frat guys afterward .mp4
281 Hathway Avenue . Kappa Sigma Fraternity.pdf
8662K
Salem, Rami <RSalem@slocity.org> Thu, May 15, 2025 at 9:19 AM
To: kathie walker <kathiewalkerslo@gmail.com>, "Tway, Timothea (Timmi)" <TTway@slocity.org>, "Mezzapesa, John"
<JMezzape@slocity.org>, E-mail Council Website <emailcouncil@slocity.org>
Cc: "Dietrick, Christine" <cdietric@slocity.org>, Sandra Rowley <macsar99@yahoo.com>, Carolyn Smith
<cjsmith_107@yahoo.com>, Brett Cross <brettcross@yahoo.com>, Mila Vujovich-LaBarre <milavu@hotmail.com>,
Stewjenkins Info <info@stewjenkins.com>
Good morning, Kathie! Thank you for taking the time and effort to send this email. I was unable to observe
any direct evidence (Greek letters, signage etc.) linking the house to a fraternity or an unsanctioned event
from the public right of way during business hours. Unfortunately, if I am not granted legal entry into the
property where I can personally observe tangible evidence that 281 Hathway hosted an unsanctioned event,
then I am unable to verify that such event took place.
To have preponderance of the evidence that an unsanctioned event took place at 281 Hathway is to assume
that the evidence presented is more likely to be true than not true. Unfortunately, I cannot proceed to create
a code case against 281 Hathway on mere preponderance of evidence. I do not know beyond a reasonable
doubt that the picture in the Instagram post has been taken at 281 Hathway. I have not been granted legal
entry into the property where I was able to observe or identify evidence that would inform me beyond a
reasonable doubt that the house has operated out of its designated zoning regulations in hosting an
unsanctioned event.
Thank you again for taking the time to reach out. Have a fantastic day and please let me know if there’s
anything I can do to help.
Gmail - Kappa Sigma Fraternity at 281 Hathway Ave
Kappa Sigma: Main Chapter House 281 Hathway Avenue
Satellite Houses 322 Hathway Avenue
108 Crandall Way
1990 McCollum Steet
1861 Hope Street
1142 Montalban
“New” frat house in the Fall of 2023: 293 Albert Drive
No longer operating as a fraternity:526 Kentucky Street
Cal Poly’s AB 524 Report (10/1/2023) identifying the addresses that Kappa Sigma held
events during the 2022-2023 academic year:
Most events for Kappa Sigma were held at 281 Hathway Avenue, according to
the AB 524 report. Some events were not listed on the report, such as Fall
rush events (see page 3).
1
Kappa Sigma Instagram post 10/3/2021 for Fall Rush events identify fraternity related events at
1646 Fredericks (now Zeta Beta Tau)and 108 Crandall Way.*
Fall 2021
*During this academic year (2021-2022) Kappa Sigma also had fraternity-related events at
281 Hathway Ave and 322 Hathway Avenue, including parties on 3/12/2022, “St. Fratty’s Day”.
Spring 2022
SLOPD log on 3/12/2022 “St. Fratty’s Day”. 281 Hathway was issued 3 citations incl.
unruly gathering. Citations were issued to fraternity members of Kappa Sigma.
2
Kappa Sigma Instagram, post 10/1/2022 for Fall Rush events identify fraternity-related events
at 281 Hathway Ave (Wednesday Oct 5th) and 322 Hathway Avenue (Thursday Oct. 6th)
Fall 2022:
Sigma Kappa events Wed 10/5/2022 and Thurs 10/6/2022 are not listed on Cal Poly’s AB 524
Report
Events
(10/5,
10/6 &
10/8)
should
be here
3
Spring 2023:
Photo taken at 281 Hathway Avenue
The Kappa Sigma fraternity emblem is mounted to the side of the house at
281 Hathway Avenue is still mounted on the rear of the house today, April 2025,
as shown on next page.
Kappa Sigma Instagram, post 4/16//2023 of executive committee posing in backyard of 281
Hathway, with fraternity emblem mounted on the back of the house.
4
St. Fratty’s Day, 281 Hathway Avenue, 3/18/2023
(above)
Also attended by Beta Theta Pi per its AB 524 Report
(right)
281 Hathway Avenue
281 1/2
Still photo from drone footage on 3/15/2025
5
Cal Poly fraternities hold an annual beer dye tournament in the Spring in the residential
neighborhood. In 2023, it was held at 281 Hathway Avenue (Kappa Sigma) and Alpha Sigma Phi
posted on Instagram that they won the tournament. Alpha Sigma Phi’s main chapter house is
illegally operating at 1218 Bond Street (R-1) and its “satellite house” at 299 Albert Drive (R-1).
Aerial photo of 281 Hathway
Beer dye table in backyard of 281
Hathway Avenue (above) and photo of
backyard (right) verifying location with
landmarks noted on both photos
“Brothers wait all year to compete in our annual dye
tournament and take home the belt…”
6
Fall 2023:
Photo taken at 281 Hathway Avenue
Front yard
Kappa Sigma Instagram, post 10/6/2023 with Rush Chairs in front of the Main Chapter House at 281
Hathway Avenue (top photo) and in the backyard of 281 Hathway Avenue (bottom photo).
Photo taken at 281 Hathway Avenue
Back yard
7
Winter 2024:
Kappa Sigma Instagram post 1/21/2024 for Winter Rush features photos of fraternity-related events held at
281 Hathway Avenue. The video posted also has video footage of events at 281 Hathway.
“Themed gathering” (above) taken in
backyard of 281 Hathway
Dayge in backyard of 281 Hathway
(left)
8
9
Spring 2024:
Kappa Sigma Instagram, post 4/7//2024 of executive committee posing in backyard of 281 Hathway, with
fraternity bench and Greek letters.
10
Article from Mustang News, 4/2/2024: https://mustangnews.net/st-frattys-recap/
Junior Owen Beim, fraternity member of the Kappa Sigma said the fraternity has two
fraternity houses on Hathway Ave. Kappa Sigma was planning to not host any events because
they knew the risks.
Beim lives in an apartment unit by Campus Bottle. He said he woke up at 6 a.m. because it was so
loud and walked outside. Both of the Kappa Sigma houses were flooded by people, according to
Beim. He went over to the house and stood in the front yard, trying to get people off of their front
lawn.
“We knew that the police were going to give unruly gathering tickets and noise tickets if they saw a
substantial amount of people in a front yard,” Beim said. “For the house I was at, the police were
helping us out a lot which was super kind of them because they knew we were trying to get people
out.”
At the other house, Kappa Sigma received a $700 dollar ticket, which Beim said was a
bummer but that he understood. They were considering appealing it because of the advice of a
police officer.
Note: There was a huge fraternity party at 281 Hathway on St. Fratty’s Day, 3/16/2024. A photo
from the backyard of 281 Hathway during the party is on the next page.
Winter 2025:
Spring 2024, continued:
Photo of party in the
backyard of 281 Hathway
Ave on 3/16/2024 in the
morning (right).
Kappa Sigma fraternity posted a photo of its fraternity bench with Greek letters is in the
backyard of 281 Hathway Avenue against the side fence (south) and is still in that location
today, April 2025, as shown on next page.11
Still photo from drone footage on 3/15/2025
12
The fraternity’s rush events were
published on physical “rush cards” and
handed out to potential new members at
a BBQ on Dexter Lawn on Thursday,
1/16/2025 from 4 – 7 p.m. with a SKU
for registration to receive the addresses
of the events.
In January 2025, the City and code
enforcement had met with Cal Poly and
given a presentation to the fraternities
about the City’s regulations and laws, so
for the first time ever, the addresses
were not published publicly (online)
because fraternities knew they are not
legally allowed to hold fraternity-related
events in R-1 and R-2 residential
neighborhoods. Instead of complying,
the fraternities held the events anyway
and hid the addresses from the public
and the city.
Code Enforcement officials responded to a complaint about the rush event on Friday afternoon,
1/17/2025 , but the fraternity members refused to answer the door. Code Enforcement officials
reported hearing voices in the backyard but did not cite the event because the fraternity
members did not answer the door. The complaint was dismissed as “unable to verify”.
Screenshot taken on 1/18/2025
January 18, 2025: Kappa Sigma posted photo of fraternity rush event “yesterday” 1/17/2025 from
3-5 p.m. in the backyard of 281 Hathway Avenue. (screenshot of post below)
13
March 4, 2025: Kappa Sigma posted photo of executive committee with Greek letters on fraternity
bench in the backyard of 281 Hathway Avenue.
14
Matt Hernandez is Kappa Sigma’s Grand Master, per Kappa Sigma’s Instagram post.
The Tribune reporterinterviewed fraternity members of Kappa Sigma, includingMatt Hernandez, and the
fraternity members admitted Kappa Sigma’s main chapter house is in an R-1 zone, and they have two
fraternity houses on Hathway. The interview took place at 281 Hathway Avenue.
Cal Poly’s AB 524 Report and my documentation provided to the City on 11/8/2023 identify that Kappa
Sigma’s main chapter house at 281 Hathway, an R-1 zone, and its satellite fraternity house at 322 Hathway,
an R-2 zone.
From the Tribune article:
“Members of Kappa Sigma told The Tribune that their house — located in the lowest-density (R-1) zoning
area — has hosted parties and rush events over the past year, but they said they haven’t hosted any events
within the last two months.
[The fraternity members failed to tell the reporter that Kappa Sigma was on academic probation for the past
two months, therefore was not allowed to have events.]
“In the past, yes, we have,” said Matt Hernandez, a resident of the house.
“Last year we lived on Stenner Street, and that was a lot different,” another resident said. “It was a lot more
families and people that didn’t prefer a fraternity living next to them. That was definitely a lot more of a
challenge to have social events. ... We definitely could have probably made more of an effort to be a little
quieter, but on Hathway it’s a lot more chill.”
15
16
The history does not include the noise complaints at 281 ½ Hathway, an ADU on the same
property with a shared backyard where the fraternity hosts events. It is eligible for DACs and
citations separate from the main house at 281 Hathway, even though both properties are
occupied by Kapps Sigma fraternity members and host fraternity-related events there. The
address was included in a previous records request made for my report given to the City on
11/8/2023, below:
Noise citation on 4/26/2025 at 281 Hathway shows 100 people at the party. Citation was issued to
Ryan Fallon and he is identified on social media as a member of Kappa Sigma:
SLOPD history of noise calls at 281 Hathway not including the Citation on 4/26/2025, above:
Fall 2024 to
present
(2024-2025)
academic year
2023-2024
academic year
2022-2023
academic year
The portion of the report I submitted in 2023 related to Kappa Sigma is on the following 4 pages.
Friday, May 9, 2025, an email was sent to Community Development regarding probably party at
281 Hathway Avenue on Saturday, May 10, 2025, which said:
“…There is a huge inflatable water slide right now in the backyard of 281 Hathway which
may be for a dayge tomorrow… it seems there will be a fraternity event at 281 Hathway this
weekend. The fraternity does not currently have a fence across its driveway, but will put one
up when they start their party, so the event is not visible to the public or law enforcement.”
Indeed, a fence was put up across the driveway on Saturday, May 10,2025 and Kappa Sigma held
an event in its backyard.
On Tuesday, May 13, 2025, I received a notification that a code violation was submitted via the
AskSLO app, Ask SLO New Request # 11780. A screenshot of the email is below:
On Wednesday, May 14, 2025, I received a notification that the City was “unable to verify” a code
violation, or that the fraternity had held an event at 281 Hathway Ave on Saturday, May 10. 2025.
However, the fraternity did hold an event all day at 281 Hathway Ave on Saturday, May 10.2025.
On Wednesday, May 14, 2025, Kappa Sigma posted the event, with photos from the backyard of
281 Hathway Avenue, on its Instagram page. The post said:
“Our annual Kappa Sigma Parents Weekend was one for the books.A huge thank you to all
the parents and families that came into town last weekend! We had such a blast spending a
few days with you guys! Also a huge shoutout to @joe_croney for organizing an amanzing
weekend. Would not have been possible without you!!!”
281 Hathway Ave is a residential home with an ADU in a single-family residential
neighborhood zoned R-1. It is illegal for fraternities to host fraternity-related events at that
address. Cal Poly and the fraternity members are aware of the law.
Kappa Sigma’s Instagram post referencing fraternity event on the weekend of May 10-11, 2025.
Photos show event in the backyard of 281 Hathway Avenue, including inflatable waterslide
referenced in my email on May 9, 2025,
Why was the City “unable to verify” this event?
The standard of proof for whether 281 Hathway Ave is operating as a
fraternity is a “preponderance of the evidence” which means IT IS
MORE LIKELY THAN NOT. The documentation exceeds that burden.
1
Neighborhood map with locations of noise complaints to SLOPD 4/17-4/19/2025 .…..........2
Date of SLOPD Response: 4/17/2025:
Delta Sigma Phi 1688 Mill Street R2 ……………………………………………… 3 - 4
Phi Sigma Kappa 1908 Loomis R1 …………………………………………….… 5 - 6
Zeta Beta Tau 1646 Fredericks R1 …………………………………………..……… 7
Sigma Nu 1541 Slack St R1 …………………………………………..….……8
Date of SLOPD Response: 4/18/2025:
Phi Sigma Kappa 348 Hathway Ave R2 .................................................... 9 - 10
Theta Chi 1238 Foothill Blvd R4 …………………………............................ 11
Delta Chi 1236 Monte Vista (CUP) R4 ………………………………..……….………..12
Alpha Epsilon Pi 280 California Blvd (CUP) R4 ……………………..…………………..…13 - 14
Sigma Pi 1555 Slack St R1 …………………………..………………..15 - 16
Phi Gamma Delta 1229 Fredericks R2 ………………..…………………………..17 - 18
Theta Chi 250 Grand Ave R1 …………………………………………….19 - 21
Theta Chi 1844 McCollum (4/19) R1 ..……………………………………………….. 22
Theta Chi 1844 McCollum R1 ..……………………………………………….. 23
Date of SLOPD Response: 4/19/2025:
Beta Theta Pi 1327 Foothill R4 ..……………………………………….... 24 - 25
Phi Sigma Kappa 348 Hathway Ave R2 ………………………………….………... 26
Phi Kappa Psi 1271 Stafford St R2 ………………………………….….. 27 - 29
Sigma Nu 1304 Foothill (CUP) R4 …………………………….……….. 30 - 31
Zeta Beta Tau 654 Graves Ave R4 ………………………………….….. 32 – 34
Summary and Proposed Solutions …………………………...…………………………….…… 35
18 calls to SLOPD for noisy parties at fraternities during the weekend of 4/17 – 4/19/2025
and history of noise complaints at those addresses
2
The number inside the red circles is the number of people listed on the DAC or citation at each party
which is self-reported by the party host. SLOPD and SNAP do not count the number of people at a
gathering. They generally ask the person being cited how many are at the event.
Often the number of people listed does not correlate with the noise generated. Video of parties at
1327 Foothill and 1271 Stafford that day (4/18), listed as 30 people and 25 people, respectively, but
could be heard from blocks away. The fraternity at 1271 Stafford used a tarp to block the view to the
backyard where they had an inflatable water slide. In addition to the people in the backyard, at least
20 people were on the roof, and others in the courtyard. There were far more than 25 people.
Calls to SLOPD for noisy parties at known-fraternities Thurs – Sat, 4/17 – 4/19/2025.
Fraternity-related events are registered beforehand with Cal Poly Greek Life
staff/administration. Events are “sanctioned” and approved by Cal Poly. Cal Poly
administration knows it is illegal for these events to occur in R-1 and R-2
neighborhoods. Code Enforcement staff met with Cal Poly staff regarding the issue in
early 2024, but Cal Poly staff and administration continue to allow fraternities to
register fraternity-related events at illegal locations, causing severe disruption for
those who live in the neighborhood. City staff has also met with fraternity leadership
and members to make them aware of the laws that prohibit fraternity-related events
in the neighborhood, but they continue to hold the events anyway.
DELTA SIGMA PHI – Main Chapter House, R-2 residential zone, NOT LEGAL
3
•Oliver Tostado is shown as a fraternity member on the fraternity’s Instagram page.
•The property at 1684 / 1688 Mill Street (same APN) was reported to the City as an illegal fraternity
operation in an R-2 zone since Fall 2024.
Events on 10/4 & 10/6/2024 at 1684 Mill St
reported to Code Enforcement on 10/1/2024
but the City found no violation, even though
the events happened at the exact date, time
and address reported beforehand.
“DON’T MISS THE HOT DOG
EATING CONTEST AT 7:00
1684 MILL ST”
4
Delta Sigma Phi has operated its Main Chapter House at 1684/1688 Mill since 2023 and continues
to host fraternity-related events at that property to the present date (May 2025).
Calls to SLOPD for noisy parties (NSPY) are below:
•Fraternities with permits are not eligible for a zero-fine or “free” Disturbance Advisement Card
(DAC), however illegal fraternities receive DACs. Multiple addresses on same receive separate DACs
for each address, lessening the consequences to the fraternity. (See DACs in red boxes above)
•City policy does not dispatch student officers (SNAP) to fraternity houses. It appears Community
Development and SLOPD have not coordinated about fraternity house locations because SNAP
continues to be dispatched to houses known by the City to be operating as fraternities.
•SLOPD seems unaware of fraternity locations when noise is reported in the immediate area of a
fraternity house. An example is below for noise complaints made 1 minute apart in area of fraternity:
12/06/2024 at 21:05 caller reported “loud males yelling and
partying” at Phillips and Park, behind Delta Sigma Phi’s
fraternity house at 1684/1688 Mill. SNAP was “Unable to
Locate” the noise.
12/06/2024 at 21:06 caller reported “loud music” at Delta
Sigma Phi’s fraternity house at 1684 Mill. On 11/14/2025, the
property received a DAC which means the property is on a
‘No Warning’ list for nine months and requires response
from a SLOPD officer. However, SNAP was dispatched 3
weeks later on 12/06/2025.
•SNAP officers cannot issue noise citations.
•The party was cleared 8 minutes after SNAP arrived which
indicates there was likely contact with the party hosts.
Typically, parties not in violation are cleared within 2-3
minutes because there is little to no contact when there is
not a noise violation observed.
Fall 2024 to
present
SNAP
SNAP
SNAP
SNAP
SNAP
SNAP
SNAP
SNAP
(2024-2025
academic year)
PHI SIGMA KAPPA – R-1 residential zone, NOT LEGAL
5
•Elias Romero is the president of Phi Sigma Kappa and is also the VP of Scholarship for the
Interfraternity Council.
•The property at 1908 Loomis was reported to the City as an illegal fraternity operation in an R-1 zone
since Fall 2023.
•The property at 1908 Loomis was identified by Phi Sigma Kappa in its AB 524 Report before Cal Poly
erased all the addresses in the AB 524 Reports.
•AB 524 went into effect in 2022 and requires all colleges and universities in California to publish the
addresses of its fraternity events in a prominent place online on the university’s Greek Life page or
before October 1st, for the previous academic year, with the first report due on 10/1/2023. Reports
are kept online for a minimum of 10 years.
•Cal Poly posted the addresses of all fraternity events for each of its fraternities online on 10/1/2023.
Kappa Sigma listed 1908 Loomis Street in its report, shown below.
•In July 2024, Cal Poly erased the addresses of all fraternity events in each of its fraternities AB 524
Report, after San Luis Obispo Code Enforcement notified Greek Life administration/staff that it is
illegal to host events in R-1 and R-2 neighborhoods. The City began sending Notices of Violation
and Advisory Letters to property owners in March 2024. This reportedly caused some backlash from
property owners, who contacted Cal Poly after receiving the letters from the City, and Cal Poly staff
erased the addresses from its Report online, replacing the addresses with “San Luis Obispo”.
Phi Sigma Kappa’s AB 524
Report posted 10/1/2023 lists
1908 Loomis Street
(left)
Assembly Bill 524: The Sorority and Fraternity Transparency Act (AB 524)
Phi Sigma Kappa does not have a legal, permitted fraternity house. It mostly
operates at 348/350 Hathway (R-2) and 1908 Loomis (R-1).
6
Fall Rush 2023
“CASINO NIGHT”
1908 Loomis St
Fall Rush 2024
Saturday Oct 5
“POOL & POKER”
1908 Loomis St
“Casino Royale” event at 1908 Loomis, 1/19/2025 @ 3 PM
Fraternity members are seen checking in potential new
members from laptop on front porch. SLO Code
Enforcement was “unable to verify” the fraternity event.
Winter Rush 2025
1/19/2025, 3-5 PM
“Casino Royale”
Calls to SLOPD for noisy parties at 1908 Loomis:
SNAP
SNAP
ZETA BETA TAU – R-1 residential zone, NOT LEGAL
7
•Dylan Daniel is the Director of Operations for Zeta Beta Tau.
•The property at 1646 Fredericks was reported to the City as an illegal fraternity operation in an R-1
zone in Fall 2024.
1646 Fredericks Street has operated as a fraternity for at least four years. Previously, Kappa Sigma
occupied the property, but Zeta Beta Tau members moved in for the 2024-2025 academic year and
began hosting fraternity-related events there.
Code Enforcement indicated the property owner of 1646 Fredericks was issued a Notice of
Violation (NOV) after a rush event on 10/6/2024 for illegal fraternity operation in an R-1 residential
zone. Despite the NOV, the fraternity continues to operate as a fraternity, hosting fraternity-
related events.
On 11/14/2024, Zeta Beta Tau held a large, noisy Christmas-themed party “exchange” with a sorority.
There was a party tent and DJ in the backyard at 1646 Fredericks Street. SNAP responded and issued a
DAC. It appears Community Development did not share the address with SLOPD after the NOV
identified the address as an illegal fraternity, which should have mandated a response from a SLOPD
officer instead of SNAP, with a citation instead of a DAC.
The fraternity continues to host fraternity events at 1646 Fredericks Street.
The property was issued a noise citation on 4/17/2025 for a large fraternity party with 150 people
listed on the citation.
Calls to SLOPD for noisy parties at 1646 Fredericks this academic year:
SNAP
SIGMA NU – R-1 residential zone, NOT LEGAL
•Vincent Matesso is a member of Sigma Nu’s IM sports team roster and on Instagram.
•The property at 1541 Slack was reported to the City as an illegal fraternity operation in an R-1 zone
since Winter 2024.
Fall 2024
to present
(2024-2025)
academic
year
1541 Slack - Google maps
Sigma Nu posted photo of “established houses” on Instagram, including 1541 Slack St. (below)
Calls to SLOPD for noisy parties at 1541 Slack (NSPY) are below:
1541 Slack
SNAP
SNAP
8
PHI SIGMA KAPPA – Main Chapter House, R-2 zone, NOT LEGAL
9
•The property at 348 / 350 Hathway (same APN) was been
reported to the City as an illegal fraternity operation in an R-2
zone in Fall 2023.
•Videos of noisy fraternity parties at 348 Hathway (cleared by
SLOPD as negative violations) were sent to the City/SLOPD
since Fall 2021.
•348/350 Hathway has operated as an illegal fraternity since
2008 or sooner.
•Historically known as “the Pink House” the annual “St. Fratty’s
Day” event was founded at 348 Hathway in March 2009,
according to a report published by Cal Poly after a roof
collapsed nearby on St. Fratty’s Day in March 2015.
•Despite the City and SLOPD’s awareness that 348/350 Hathway
is an illegal fraternity, it was not cited by the City even after
substantial documentation in a report was provided to
Community Development on 11/8/2023, and the AB 524 Report,
shown below.
Phi Sigma Kappa listed 348 and 350 Hathway in its AB 524 Report published on 10/1/2023, below:
The call was cleared as “Negative Violation”, but video of the party shows it was very loud, and a violation of the City’s noise ordinance.
Phi Sigma Kappa’s Main Fraternity House is shown as
348 Hathway on Instagram (right)
Calls to SLOPD for noisy parties (NSPY) at 348 & 350 Hathway are below:
The property owner had the citation history wiped clean through SLOPD’s “Early Removal Program”
during summer 2024. Fraternities are not eligible for the Early Removal Program.
SLOPD is aware that 348 Hathway is an unpermitted fraternity yet approved the application to clear
the citation history and re-start the financial consequences of the fraternity. The property became
eligible for a “free” DAC, then increasing fines for noise citations starting over with a 1st citation
($350) rather than the $1000 citations then-incurred by the fraternity and property owner:
•1st noise citation - $350
•2nd noise citation within 9 months of 1st citation- $700
•3rd noise citation within 9 months of 2nd and subsequent citations- $1000, within 9 months of the most
recent citation.
•Fines are issued to both the tenants and the property owner.
The tenants and property owners were paying $1,000 each for citations when the citation history was
cleared by SLOPD. At the time of the Early Removal application & approval, the most recent citation
was on 05/18/2024 which means the property was on the No Warning list until 02/18/2025, and
citations within that time would be $1,000 for the tenants and property owner. Early Removal allowed
the property immediate eligibility for a zero-fine DAC and re-started the citation fine structure.
Within a month of the beginning the fall quarter, on 9/10/2024, the property was issued a DAC. One month
later, on 10/12/2024, the property was issued ANOTHER DAC. Less than a month later, on 11/1/2024, the
fraternity was issued a $350 noise citation.
SLOPD’s Early Removal Program allowed the fraternity and the property owner to avoid $1,000 citations
each on 9/10/2024 ($1,000 x 2 – one to tenants and one to property owner), 10/12/2024 ($1,000 x 2), and
11/01/2024 ($1,000 x 2) or a total of $6,000, minus the $350 citation on 11/1/2024 = total savings of $5,650
for the fraternity members & property owner based on “Early Removal” from SLOPD’s No Warning list.
Fall 2024 to present
2024-2025
academic year
2023-2024 academic year
RF=Report Filed by
SLOPD (likely an
unruly gathering)
SNAP
SNAP
**A DAC citation places property on SLOPD “No Warning” list with an automatic response from SLOPD, not SNAP,
for subsequent noise complaints within 9 months of the most recent DAC or Citation.
On 09/10/2024 SNAP issued a DAC. One month later, 10/12/2024, SNAP was dispatched again instead of SLOPD
and a second DAC issued. SLOPD should have been dispatched and issued a citation which has a monetary fine.
10
SNAP **not DAC eligible
THETA CHI – R-4 zone, NOT LEGAL, No Permit
11
Theta Chi does not have a legal, permitted fraternity house. It mostly operates
from 1820 Hope (R-1), 248/250 Grand (R-1), 496 Kentucky/1350 Stafford, (R-2, same
APN for both addresses), 1661 McCollum (R-1).
Calls to SLOPD for noisy parties (NSPY) at 1238 Foothill are below:
•The property at 1238 Foothill was reported to the City as an illegal fraternity operation without a
Conditional Use Permit in an R-4 zone since Fall 2023.
•The property at 1238 Foothill was identified by Theta Chi in its AB 524 Report, as shown below.
•SLO Code Enforcement sent an Advisory Letter in early 2024 to the property owner for illegal
fraternity operations.
*A DAC places the property on “No Warning” list with subsequent responses from SLOPD (not SNAP) and citation
for noise violations within 9 months.
•A citation was issued 05/27/2023 (underlined in red) therefore property is on SLOPD’s “No Warning” list for 9
months, or until 02/27/2024. SLOPD is dispatched to “No Warning” properties.
•SNAP was dispatched on 01/20/2024 (underlined in green) and again on 02/17/2024 (underlined in green), prior to
the 9 month No Warning window. The DAC issued by SNAP on 02/17/2024 should have been a citation by SLOPD –
it was less than 9 months since previous citation on 5/27/2023.
SNAP
SNAP but not DAC eligible*
SNAP but not DAC eligible*
DELTA CHI – Conditional Use Permit, R-4 zone
12
•The property at 1236 Monte Vista Pl has had a Conditional Use Permit since August 1998.
•The maximum occupancy on site is 53 people. (CUP Item #4)
•The fraternity must comply with all laws, including the noise ordinance. (CUP Item #12)
On 3/15/2025, the fraternity was cited for a noisy party at 4:21 AM with 100 people.
Calls to SLOPD for noisy parties (NSPY) at 1236 Monte Vista Place are below:
Fall 2024 to
present
(2024-2025)
academic year
2023-2024
academic year
ALPHA EPSILON PI – Conditional Use Permit, R-4 zone
13
•The property 280 California had a re-review of its Conditional Use Permit by the Planning
Commission on November 13, 2024.
•The maximum occupancy on site is 25 people. (Condition 4)
•The fraternity shall comply with the Noise Ordinance (Condition 9)
•The fraternity must comply with all laws or permit may be revoked. (Condition 12)
•On 4/18/2025 the fraternity was issued a noise citation for a noisy party with 100 people. The
citation constitutes three violations of the fraternity’s CUP: A violation of the noise ordinance
(Condition 4), the occupancy limitation (Condition 9), and SLO Muni Code 9.12.010, the noise
ordinance, which is considered a public nuisance. (Condition 12).
•On 4/16/2025 the fraternity was issued a noise citation for a noisy party with 150 people, in
violation of Conditions 4, 9 and 12 of the fraternity’s CUP.
14
At 1:03:41: Commissioner Houghton: I’m looking at condition twelve, which is the one that I read. It says,
“failure to comply with any of the above conditions may constitute grounds for revocation”. So doesn’t that
give us a hammer?
Chair Cooley: Only those that rise to a level of a public nuisance, is what it says.
Commissioner Houghton: Is that a different standard? Or to cause adverse impacts on the health, safety, or
welfare of persons in the vicinity of the use. That seems like a one strike, you’re out. Or a one strike, you may
be out. …
At 1:05:08: I’m just wondering how strong of a condition that is. Public nuisance. There’s an actual legal
definition for that. Is that right, Markie?
City Attorney Markie Kersten: I’m pulling up our code right now. …
Chair Cooley: So there are some standards that result in instant – for the permit, but we don’t know precisely
what those are tonight? Do I have that correct? That there is some level of infraction that could - -
City Attorney Kersten Yes, there are some things in the code that are designated as public nuisances. So my
guess is that condition, what is meant by that is if these certain activities occur that are designated in our code
as public nuisances, that one thing alone could bring them back to Planning Commission for re-review. But all
of the code sections that say something is a public nuisance I don’t have identified. If there’s specific type of
conduct you’re concerned about I’m happy to look that up.
Commissioner Tolle: Is a noise violation a public nuisance?
City Attorney Markie Kersten : I will look that up…
Deputy CDD Tyler Corey: I just had a follow up clarification, on the question around condition number twelve, I
think what this does is it sets the stage for what could constitute grounds for revocation, right? So looking at
public nuisance, health, safety, welfare, that does include noise, vibration and those type of activities. If there
were three violations, let’s say they were all noise or one of them was noise, it triggered a re-review by the
Planning Commission, this is just setting up that that could constitute grounds for the Planning Commission
to revoke the permit.
Commissioner Houghton: It’s right there. ‘Failure to comply with ANY of the above conditions” and then
everything is just or, or this, or that. And that’s what we are looking at right now is failure to comply with
condition two.
At 1:17:24: Commissioner Tolle: Yeah, I just wanted to make sure that the Applicant is aware that if
another violation occurs, you’re going to be right back in here and we’re going to have to do this all over
again. I get it. I understand frat life. But you’re in a neighborhood. You’re not out in a Greek Row. That’s
what’s before us today. So I just want to make that clear because I feel that the conditions aren’t that
strict, as far as repercussions are concerned, so the only thing that we can lean on is that you will be
back here if it happens again.
During the Planning Commission Hearing on 11/13/2024, Commissioners discussed the conditions of
the CUP for 280 California Blvd not being consequential enough and that the fraternity could have
three more noise citations before the CUP is brought back to the Planning Commission, which did not
seem fair to the neighborhood. They concluded, based on Condition 12, the CUP would be brought
back to the Planning Commission for re-review if the fraternity received a single noise citation, which
is considered a “public nuisance” according to the City’s Noise Ordinance outlined in SLOMC
9.12.010 B.
A partial transcript from the Planning Commission is below:
SIGMA PI – R-1 residential zone, NOT LEGAL
15
•Kai Stout is a member of Sigma Pi’s IM team roster and is featured on Sigma Pi’s Instagram.
•The property at 1555 Slack was reported to the City as an illegal fraternity operation in an R-1 zone
since Fall 2023.
Prior to this academic year (2024-2025), Delta Upsilon fraternity operated at 1555 Slack Street.
Beginning in Fall 2024, Sigma Pi fraternity began operating at 1555 Slack Street, including hosting
rush recruitment and other fraternity-related events at the location.
1555 Slack Street was listed in Delta Upsilon’s AB 524 Report before Cal Poly erased all the
addresses. A portion of that report is shown below. An Instagram post advertised the event on Friday,
May 12th at 1555 Slack St. (below right).
Sigma Pi began hosting fraternity-related events at 1555 Slack in Fall 2024.
Sigma Pi does not have a permitted fraternity house. It mostly operates at 1525
Slack, 1555 Slack, and 124 Stenner.
16
1/17/2025: 1555 Slack Street
(see photo below from 1/17/25 @ 7 pm)
1/18/2025: 1525 Slack Street
1/19/2025: 1555 Slack Street
Calls to SLOPD for noisy parties (NSPY) at 1555 Slack are below:
Gathering of guys in backyard at 1555 Slack on 1/17/2025 at 7 PM
1555 Slack St
1/17/2025, 7 PM, Table set up with laptops for
checking in potential new members during
rush recruitment
1555 Slack St – Google Maps
Winter Rush 2025
1555 Slack, 1/17/2025 at 7:10 PM
Photos show Sigma Pi fraternity members
checking in potential new members at table
in front yard and large gathering of guys in
the backyard on 1/17/2025.
SNAP
This event (and others in illegal locations)
were registered and approved by Cal Poly
Greek Life administration beforehand,
despite knowing that these events are
illegal in the city of San Luis Obispo.
PHI GAMMA DELTA – Main Chapter House, R-2 residential zone, NOT LEGAL
17
•Aiden Hogan is a fraternity member of Phi Gamma Delta or “FIJI” per his LinkedIn profile.
•The property at 1229 Fredericks Street was reported to the City as an illegal fraternity operation in
an R-2 zone since Fall 2023.
•Phi Gamma Delta/FIJI named the fraternity house “The Cabin” on Google Maps and advertises
fraternity events at “The Cabin” at 1229 Fredericks St.
On March 5, 2024, the property owner, David Scarry Trust, was issued a Notice of Violation for illegal fraternity operation at 1229 Fredericks Street by SLO City Code Enforcement. (below)
Despite the NOV, the property at 1229 Fredericks continues to operate as a fraternity.
18
Calls to SLOPD for noisy parties (NSPY) at 1229 Fredericks are below:
*A DAC places the property on “No Warning” list for 9 months, with subsequent responses from SLOPD (not SNAP)
and a citation issued for noise violations within 9 months from the most recent DAC or citation.
•A citation was issued 10/21/2023 (underlined in red) therefore property is on SLOPD’s “No Warning” list for 9
months, or until 07/21/2024 but SNAP was dispatched on 01/26/2024 (underlined in green), only 5 months after
the citation.
•Another citation was issued on 09/27/2024 (underlined in red) , so the property is on SLOPD’s “No Warning” list
until 6/27/2025 but SNAP was dispatched on 11/15/2024 (underlined in green), , and again on 04/18/2025
(underlined in green), . Each should have been a response from SLOPD.
•A DAC was issued on 04/18/2025 when it should have been a $700 citation from SLOPD since the previous citation
($350 for 1st citation) was less than 9 months earlier.
SNAP
SNAP – but not DAC eligible*
SNAP
SNAP – but not DAC eligible*
Two months after the City sent a Notice of Violation to the property owner for operating an illegal fraternity,
Phi Gamma Delta hosted a concert with DJs on May 31, 2024 (below left).
Rush recruitment in October 2024 (below right), and ongoing fraternity-related events including sorority
“exchanges” or parties hosting specific sororities continue at 1229 Fredericks Street through the present.
Phi Gamma Delta does not have a permitted fraternity house. It mostly operates
at its Main Chapter House at 1229 Fredericks Street (R-2).
It is City policy to dispatch SLOPD to fraternity houses instead of SNAP officers. SNAP is sometimes dispatched
to noise complaints at documented fraternities instead of SLOPD, even though SNAP does not respond to
fraternities per City policy. It’s unclear why Community Development and SLOPD have not resolved this issue.
19
•Harrison Gries is the Vice President of Theta Chi according to Theta Chi’s Instagram page.
•The property at 250 Grand Ave was reported to the City as an illegal fraternity operation in an R-1
zone since Fall 2023.
THETA CHI – R-1 residential zone, NOT LEGAL
Prior to this academic year (2024-2025), Sigma Nu fraternity operated at 248/250 Grand. Beginning
in Fall 2024, Theta Chi fraternity began operating at 248/250 Grand Ave, including hosting rush
recruitment and other fraternity-related events at the location.
250 Grand Ave was listed in Sigma Nu’s AB 524 Report before Cal Poly erased all the addresses
from its fraternities’ AB 524 Reports in July 2024. The full report is shown on the next page.
The property owner of 250 Grand, Eric Williams Trust, received a Notice of Violation for illegal
fraternity operations from San Luis Obispo Community Development Department, shown on
the next page. The property has continued to operate as a fraternity to the present date, May 2025.
Theta Chi does not have a permitted fraternity house. It mostly operates from
1820 Hope (R-1), 248/250 Grand (R-1), 496 Kentucky/1350 Stafford, (same APN in R-
2), 1844 McCollum (R-1).
20
Community Development sent a Notice of Violation to Eric Williams Trust, the property owner of 250
Grand Ave, on March 5, 2024 (shown below). The property continues to operate as a fraternity.
•250 Grand (and 248 Grand) was identified as a fraternity for Sigma Nu during the 2022-2023 academic
year, per its AB 524 Report published by Cal Poly Greek administration online, below.
•250 Grand became a fraternity house for Theta Chi in August 2024. Theta Chi held rush events and other
fraternity-related parties at 248/250 Grand since Fall 2024.
21
Theta Chi held a “Tri Tip” event on 1/17/2025
from 7-9 PM at 250 Grand Ave (Instagram
post, above).
Photos taken in the backyard at 250 Grand
Ave were posted by Theta Chi on Instagram
(right). Distinguishable landmarks visible in
the photos, like the red fence (left photo) and
pink garage (right photo)
Fall 2024 to
present
2024-2025
2023-2024
academic
year
Calls to SLOPD for noisy parties (NSPY) at 248 & 250 Grand are below:
*DAC places the property on “No Warning” list with subsequent responses from SLOPD (not SNAP) and citations
issued for noise violations within 9 months of the most recent citation.
•A citation was issued 06/03/2023 (underlined in red, above) therefore property is on SLOPD’s “No Warning” list
for 9 months, or until 03/03/2024 but SNAP responded on 02/09/2024 (underlined in green) and issued a DAC
when it should have been a citation from SLOPD.
•Another citation was issued on 06/07/2024 (underlined in red), so the property is on SLOPD’s “No Warning” list
until 03/07/2025 but SNAP responded on 10/09/2024 and issued a DAC (underlined in green). It should have
been a citation from SLOPD.
SNAP – but not eligible for a DAC*
Every rush event held by Theta Chi - Friday 1/17/2025, Saturday 1/18/2025, and Sunday 1/18/2025
- was held at an illegal fraternity house in an R-1 or R-2 neighborhood. All three properties
previously received Notices of Violation from the City for illegal fraternity operations but
continue to operate, disrupting the neighborhood without any meaningful consequences.
250 / 248 Grand Ave
1820 Hope St
496 Kentucky Ave / 1350 Stafford St
SNAP – but not eligible
for a DAC
22
THETA CHI – R-1 residential zone, NOT LEGAL
•Matthew Hanley is the Social Events Manager of Theta Chi according to Theta Chi’s Instagram page.
•The citation notes guards with walkie talkies are telling each other when law enforcement (LE) gets
near, presumably to stop the noise before officers can witness the noise to issue a citation.
•It is common for fraternities to have “guards” with walkie talkies at the front door during parties.
This sometimes make it difficult for SLOPD to cite noisy parties, unless they sneak up on the house.
(A common offender that is nearly impossible to cite is the illegal fraternity at 2090 Hays Street
because the house is on a hill at the end of a street, so hosts can see police before they arrive.)
1844 McCollum (pink house, below) connects with
248 & 250 Grand Ave at the rear of the property. Both
properties are Theta Chi fraternity houses operating
in an R-1 residential neighborhood. An aerial view of
the properties shows where the properties share a
boundary (right). The boundary is not fenced.
23
THETA CHI – R-1 residential zone, NOT LEGAL
•Joseph “Joey” Lederer is listed as a teammate on Theta Chi’s IM team roster.
The pink garage shown in some of the
photos posted by Theta Chi on social media,
is at 1844 McCollum, like the photo inset on
the left posted on 4/27/2025 of a “Moms
Weekend” fraternity event last month.
250 Grand Ave
1844
McCollum
Calls to SLOPD for noisy parties (NSPY) at 1844 McCollum are below:
SNAP
SNAP
BETA THETA PI – Main Chapter House, R-4 NOT LEGAL, No Permit
24
Beta Theta Pi does not have a permitted fraternity house. It is identified in
SLOPD’s database as a fraternity but does not have a Conditional Use Permit to
operate at its location at 1327 Foothill Blvd or any other address within the City.
•Most fraternity events for Beta Theta Pi are held at 1327 Foothill Blvd, per its AB 524 Report published by
Cal Poly Greek administration online, below.
•The fraternity also held events at 1220 Fredericks (R-2), 68 Chorro (R-1) and 556 Hathway (R-2). The
event listed at 281 Hathway Avenue on 3/18/2023 is a St. Fratty’s Day event at Kappa Sigma’s main
chapter house at 281 Hathway (R-1).
25
Beta Theta Pi at 1327 Foothill Blvd is one of the top 3 worst offenders for noisy parties in the
neighborhood, and parties at the fraternity can be often be heard from several blocks away.
•On 5/25/2024, the fraternity refused to stop its noisy fraternity party after SLOPD responded
multiple times. Ater the 3rd call, officers called their sergeant to respond to the scene and shut
down the party, which was issued an unruly gathering citation. The party lasted for several hours.
•Approximately two weeks later, on 6/8/2024, the fraternity was issued another citation for a noisy
party.
•8 citations were issued to 1327 Foothill Blvd during the 2023-2024 academic year.
•5 citations have been issued to 1327 Foothill Blvd so far during this academic year, 2024-2025.
Community Development sent a Notice of Violation to the property owner of 1327 E. Foothill Blvd,
Keith Sweeney, dba Woolin One LLC (shown below). The property continues to operate as a fraternity.
Calls to SLOPD for noisy parties at 1327 Foothill are below:
Fall 2024 to
present
(2024-2025)
2023-2024
academic
year
PHI SIGMA KAPPA – Main Chapter House, R-2 residential zone, NOT LEGAL
26
January 17, 2025 – Winter rush recruitment event at 348 Hathway (above)
Phi Sigma Kappa does not have a permitted fraternity house. It mostly operates from
348/350 Hathway Avenue and 1908 Loomis Street.
See pages 9-10 of this report for more information and extensive history of noisy parties.
This illegal fraternity house is the #1 worst offender in the neighborhood and the City
has not held it accountable.
Phi Sigma Kappa published photos of parties in the backyard of
348/350 Hathway during rush to recruit new fraternity members.
One photo is shown below.
PHI KAPPA PSI – R-2 residential zone, NOT LEGAL
27
•Graham Gould is identified as a fraternity member of Phi Kappa Psi on social media.
•The property at 1271 Stafford (and the other houses on the parcel, including 1273 Stafford and 1275
Stafford) was reported to the City as an illegal fraternity operation in an R-2 zone since Fall 2023.
These photos were included in a report
submitted to Community Development on
11/8/2023 showing fraternity letters and
centralized courtyard between the three
houses where fraternity events are held.
28
The City and SLOPD failed to recognize the property as an illegal fraternity after a report was
given to Community Development on 11/8/2023. Therefore, additional documentation, including
the photos below, were sent to the City in 2024. It does not appear the City has made any contact with
the fraternity or property owner about the illegal fraternity operation at this address.
29
Calls to SLOPD for noisy parties at 1271, 1273 and 1275 A & B Stafford are below:
SNAP – Not DAC eligible*
SNAP
SNAPSNAP
*Issuance of a DAC places the property on “No Warning” list with subsequent responses from SLOPD (not SNAP)
and citations issued for noise violations within 9 months of the most recent citation.
*A citation was issued to 1271 Stafford on 04/27/2024 (underlined in red, above) and property is on SLOPD’s “No
Warning” list for 9 months, or until 01/27/2025 but SNAP responded 5 months later, on 09/21/2024 and issued a
DAC (underlined in green, above) when it should have been a citation from SLOPD.
*DAC issued to 1275 Stafford B on 02/14/2024, so property is on SLOPD’s “No Warning” list for 9 months or until
11/14/2024 but SNAP responded on 10/25/2024 and issued a DAC which should have been a citation from SLOPD.
*A citation was issued to 1275 Stafford A on 03/16/2024, so property is on SLOPD’s “No Warning” list for 9 months
or until 12/16/2024 but SNAP responded on 11/15/2024 and issued a DAC which should have been a citation from
SLOPD.
•All 3 or 4 addresses are on the same parcel or APN and are occupied by members of Phi Kappa Psi fraternity,
yet each address is eligible for a DAC before a citation is issued. They get at least 3 chances with zero fine DACs
(one for each address) before a citation is issued, then each citation to separate addresses is $350, rather than
cumulatively increasing to the whole property.
•For example, 1275 Stafford B received a DAC on 02/14/2024 (in green box). Less than one month later, 1271
Stafford received a DAC on 03/09/2024 (in green box). One week later, 1273 received a DAC on 03/16/2024 (in
green box). Each of these events took place in the central courtyard between the three houses and the DACs
were issued to fraternity members of Phi Kappa Psi.
•Each of these free “chances” serves as a lack of accountability for the fraternity to the neighborhood.
Records request from
SLOPD missing calls so
records re-requested for
all “units” at 1275 Stafford
(below).
SNAP
SNAP - Not DAC eligible*
SNAP - Not DAC eligible*
SLO City Map shows 1271,
1273 and 1275 Stafford are all
located on the same parcel.
SIGMA NU – Conditional Use Permit, R-4 zone
30
•When Sigma Nu hosts a party, it often installs 6’ fences around the perimeter of its front yard
and covers the fences with plastic or tarps to obscure the view of its fraternity parties.
•The fraternity members remove the fence a day or two after the party. See photos from party on
4/19/2024 (below) and 2/28/2025 (at bottom of page)
**
Sigma Pi installed a fence
covered with plastic to hide its
party on 2/28/2025 (left).
The fraternity received a noise
citation for a noisy party with 100
people. (above)
**HBD – “Has Been Drinking” or Intoxicated
31
Fall 2024 to
present
2024-2025
academic yr
2023-2024
academic
year
Calls to SLOPD for noisy parties (NSPY) at 1304 Foothill are below:
•Most citations to Sigma Nu list 100 people at the parties.
•SLOPD officers do not count the number of attendees. Officers frequently ask the host of the
party how many people are at the event and use the number given by the host on the citation.
•Sigma Nu also has multiple “satellite” fraternity houses that host noisy fraternity parties in the
neighborhood, which is illegal. These events are registered beforehand with Cal Poly’s Greek Life
office therefore the locations of illegal fraternity houses are known to Cal Poly but not shared with
the City. Community Development made a Public Records Request for the addresses of
registered fraternity events, and Cal Poly refused to disclose the locations to the City.
ZETA BETA TAU – Main Chapter House, R-4 NOT LEGAL, No Permit
32
Zeta Beta Tau does not have a permitted fraternity house. It operates from 654 and
658 Graves (R-4), 1928 Garfield (R-4), 244 Albert (R-1), 2044 Loomis (R-1), 212 Albert
(R-1), 2044 McCollum (R-1), 1646 Fredericks (R-1).
Cal Poly’s AB 524 Report published 10/1/2023 listed Zeta Beta Tau, 654 Graves Ave, but it was
removed from the subsequent Report because the house is not owned by the fraternity. AB 524
defines a “Chapter House” as a residence owned by the fraternity or the university.
33
Cal Poly’s AB 524 Report published 10/1/2023 lists the addresses that held fraternity events,
including the main chapter house and satellite houses:
On June 13, 2024, City Code Enforcement sent Advisory Letters to the property owner, Jerry
Lenthall. Despite the notification, Zeta Beta Tau continues to operate at 654 and 658 Graves
Avenue without a Conditional Use Permit.
34
Calls to SLOPD for noisy parties at 654 and 658 Graves are below:
SLO City Map shows 654 and
658 Graves Ave are located on
the same parcel.
SNAP *Not DAC
eligible
*Issuance of a DAC places the property on “No Warning” list with subsequent responses from SLOPD officers
(not SNAP) and citations issued for noise violations within 9 months of the most recent citation.
*A citation was issued to 658 Graves on 03/18/2023 (underlined in red, above) and property is on SLOPD’s “No
Warning” list for 9 months, or until 12/18/2024 but SNAP responded on 11/09/2024 and issued a DAC (underlined
in green, above) when it should have been a citation from SLOPD.
35
This report only covers one weekend which was an ordinary, non-holiday weekend. During the
weekend, there were at 18 separate calls to SLOPD for noisy parties at documented fraternity house
locations. Most of the homes are operating illegally, without a permit, or in an R-1 or R-2 residential
zone where fraternities are not allowed.
Cal Poly has 19 fraternities with over 50 fraternity locations, mostly in R-1 and R-2 neighborhoods.
The City of San Luis Obispo, including Community Development officials, have contacted Cal Poly
numerous times to make them aware that fraternity events are illegal in R-1 and R-2 residential zones.
A presentation was given by Code Enforcement officials at Cal Poly in January 2025 leading up to
winter rush, that was mandatory for all fraternity members and potential new members. City officials
explained that fraternity events are not legally allowed in R-1 and R-2 neighborhoods. The following
week, most of the 19 fraternities held rush events in R-1 and R-2 neighborhoods. Cal Poly staff,
including Greek Life administration, allowed, and continue to allow, fraternity events to be registered
beforehand in R-1 and R-2 neighborhoods, despite knowing that fraternity events are illegal at those
locations.
Proposed Solutions?
•Hold Cal Poly responsible. Obtain addresses where fraternity events are registered with Cal Poly
Greek life, as shown on the AB 524 Reports. Cal Poly denied a public records request from
Community Development, which is not in compliance with the California Public Records Act,
therefore the City should file a Writ to compel release of the addresses.
•Coordinate between the City Community Development and SLOPD to create a database of all
addresses of properties operating as a fraternity and require response from CSO or sworn officer,
not student SNAP officers.
•If Code Enforcement officials are not available to respond to a reported illegal fraternity event,
SLOPD should be equipped to respond to those complaints and cite the fraternity
members/property owner for violating the SLOMC. Code Enforcement has failed to respond to
several fraternity events reported ahead of time that occur during the weekend because Code
Enforcement employees don’t work on weekends. The reported events were dismissed as “unable
to verify” by the City.
•Properties documented to be operating as fraternities should not be eligible for a DAC.
•Properties documented to be operating as fraternities should not be eligible for SLOPD “Early
Removal Program” to wipe its citation history clean.
•SLOPD should strictly enforce the noise ordinance, as they did leading up to St. Partick’s Day,
especially in Alta Vista and Monterey Heights neighborhoods. At the very least, properties identified
as holding fraternity events should be flagged, and the noise ordinance strictly enforced with zero
tolerance at those addresses.
•Citations on properties with multiple addresses should be cumulative and not cited separately.
(See CUP for Lambda Chi Alpha which has 6 addresses on one parcel and each citation is
attributed to a single address to hold the fraternity accountable.)
•Citation fines have not changed in 15 years, since 2010, while other fines and fees in the City have
increased multiple times. Citation fines should be increased accordingly.
•Bring legal action against the fraternity property and owners for operating illegally within the City.
(See case from 1989 where the City took such action against a fraternity operating without a CUP,
attached. The City acted immediately after a complaint was made, and the matter was quickly
resolved.)
r MEETING DATE:
City Of San LUIS OBISPO i 9-19-89
COUNCIL AGENDA REPORT
ITEM NUMBER:
FROM: Randy Rossi, Interim Community Development Director By: Judith Lautner,k
SUBJECT:
U1449B: Appeal of the Planning Commission's action denying a use permit to allow a
fraternity house near the northeasterly corner of Foothill Blvd. and Ferrini Road.
CAO RECOMMENDATION:
Adopt a resolution upholding the Planning Commission's action and denying the appeal.
BACKGROUND
Discussion
The applicants have been living at the site for more than a year, and for most of that
time operating as a fraternity without a use permit. The city received complaints about
the use in August 1988 and requested the fraternity to make an application. The
fraternity responded in a letter (attached) that they were preparing an application.
After several months passed and no application was received, and after receiving
additional complaints that the apartments at the site were continuing to be-used as a
fraternity and that the behavior of the residents was objectionable to the neighbors, the
City Attorney cited the residents for a zoning violation. The court heard the case in
April 26, 1989, and fined the members for operating as a fraternity without a use permit
and placed it on probation for one year. One requirement of that probation was that the
fraternity apply for a use permit within 30 days of the April date. The applicants
applied on June 6, 1989, about six weeks after the judge's action. The Planning
Commission held a public hearing on the use permit on August 9, 1989.
The site contains two apartments separated by a garage. The use permit application
includes plans to remodel and add to the apartments, and to construct a parking lot at
the rear. The site and remodelling plans, along with the applicants' proposal to house
twelve occupants at the site, meet the city's zoning regulations for parking and
occupancy.
The Planning Commission heard testimony from several neighbors and owners of adjacent
property. Much of the testimony related specific problems, caused by the fraternity
members, with parking, noise, and disruptive behavior. The neighbors also offered
evidence that the house has been operated as a fraternity house for approximately one
year.
Testimony was also given by citizens, who do not live or own property near the site,
about the history of this particular fraternity. The fraternity previously had a use
permit for a house on Palm Street. After several complaints and review hearings, the
Planning Commission revoked that use permit. On appeal, the council took no action on
that use permit because the fraternity was moving out.
Based on public testimony, the Planning Commission found the use incompatible with the
neighborhood and a threat to the health, safety, and general welfare of persons living or
working nearby, and denied the use permit. Staff is recommending that the council uphold
the commission's action by denying the appeal.
111111111 ll1 I "J (
MEETING DATE:
Nia;
pa l c o san'iuis oBispo
COUNCIL AGENDA REPORT
nEM NUMBER:
Page 2
SIGNIFICANT IMPACTS
The proposed use is categorically exempt from CEQA (Class 1, section 15301): The project
includes an addition to existing structures of not more than 50% of the existing floor
area, or more than 2500 square feet.
CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION
If the council upholds the appeal, the fraternity use permit will be granted, with or
without conditions limiting the use.
Data summary
Address: 720 and 726 Foothill Blvd.
Applicant: Alpha Upsilon Fraternity, Inc.
Representative: Scott C. Moran; Appellant: Jens Wessel, President, Alpha Upsilon
Property owner: Alpha Upsilon Alumni Corporation
Zoning: R-4
General plan: High-density residential
Environmental status:Categorically exempt - Class 1, section 15301: project includes
an addition to existing structures of not more than 50% of the
existing floor area, or more than 2500 square feet.
Project action deadline: January 28, 1990
Site description
The site is a large (11,375 square feet) L-shaped lot containing two one-story apartment
buildings, connected by a garage. The buildings are set back about 17' from the front
property line. Most of the front yard is taken up by asphalt, used for parking. The
rear yard is fenced, and contains a small concrete pad and grasses. The site is
essentially surrounded by apartments on three sides, and is across the street from a
shopping center.
Proiect description
The project is to be done in two phases: In phase one, the garage would be removed, a
parking lot for twelve cars would be constructed behind the apartments, and the
apartments would be remodelled to provide six bedrooms, two bathrooms, a living room and
kitchen. In phase two, the buildings would be remodelled again, and an upper floor
added. The end result would be a building with six bedrooms, five bathrooms, two
kitchens, a "chapter room" and living room.
PREVIOUS REVIEW
The Planning Commission reviewed this request on August 9, 1989, and denied it, based on
the following findings:
1. The proposed use will adversely affect the health, safety, or welfare of persons
living or working on the site or in the vicinity.
MEETING DATE:
city of San tuts OBispo ITEM NUMBER:
COUNCIL AGENDA REPORTU1449b
Page 3
2. The use is not appropriate at the proposed location and will not be compatible with
surrounding development.
Staff's recommendation to the Planning Commission was to approve the use for residential
use and small meetings only, given that the site could meet ordinance requirements. At
the commission's hearing, however, public testimony as to recent fraternity actions,
including rush activities, noise, disruptive behavior, unauthorized use of private
parking.spaces, and continuing lack of maintenance of the property, convinced staff that
the fraternity use is not compatible with the neighborhood. Anticipating heightened
fraternity use if this permit is approved, staff, therefore, concurs with the Planning
Commission's action.
EVALUATION
Staff suggests the council consider-
1.onsider1. Occuoancv requirements. The zoning regulations set limits on the number of persons
that may live in group housing. The maximum number allowed in the R-4 zone is 55
persons per acre. The maximum allowed on this site, then, is
11,375 square feet/43,560 SF per acre = 0.26 acre
0.26 acre X 55 = 14
The applicants want to have twelve residents. The occupancy limit is therefore not
exceeded.
2. Parking requirements. The zoning regulations require one space per 1.5 residents, or
1.5 spaces per bedroom, whichever is greater, for this use. The requirement,
therefore, is
1.5X6 = 9 or 12/1.5 = 8
Therefore, the parking requirement is 9 spaces.
The applicants propose to construct 12 spaces on the lot. Therefore, the requirement
is met, and would be met with the maximum occupancy of 14, also. Parking for large
gatherings is not available, however. This topic is discussed further below, under
meetings".
3. Meetings, The applicants want to use the house for general membership meetings and
special events. Staff is concerned with this part of the request for two reasons:
Noise and objectionable behavior. Any large gatherings are likely to cause
noise problems for the neighbors (and already have). Parties where alcohol is
served often result in situations that cannot be controlled by the fraternity
leaders, and are disturbing to the neighborhood.
Parking. On-site parking will be provided for the residents. Three
additional spaces will be available as well. However, there is not adequate
parking either on-site or nearby for large gatherings.
111 I1111I111 I f
MEE nNG DATE:
Mi;
I I ICl O San lUl S OBISPO
COUNCIL AGENDA REPORT
Imo"NUMBER:
Page 4
At the Planning commission hearing, the fraternity representative said that the
parking lot across the street (Foothill Plaza) has been used for parking for large
gatherings. No permission from the shopping center's owner; nor any city approvals,
have been requested or granted for this use. Neighbors of the site expressed
concerns with the safety of visitors crossing Foothill Boulevard, even if such an
arrangement were approved. Some of the neighbors noted that their parking lots have
been used for fraternity members and guests without their permission.
For these reasons, staff cannot support using the house for general membership
meetings or large parties.
4. Neighborhood nrosram. The Planning Commission, in its approval of three sororities
in the recent past, and of one fraternity, has required "neighbor relations plans".
These plans include a requirement to distribute telephone numbers of responsible
persons to all neighbors surrounding the house, and for announcements to these
neighbors of all special and regular events. Staff recommends that if the council
approves the use permit, such a plan be required in this case, as the site is
surrounded by high-density development. A copy of such a plan, approved for a
sorority, is attached.
5. Existing buildings. At present, the site contains two apartments, separated by a
garage adequate for one car. The residents park their cars on the paved front yard.
Including the garage and the concrete area in front, there may be space available at
present for two legal parking spaces, in tandem. The paved area is not approved for
parking. Staff has been unable to determine when the paving was installed, but notes
that parking in the streetyard is not allowed. The present condition therefore does
not meet the parking requirement for a fraternity.
If the use permit is approved, staff recommends a condition be attached that the use
permit will not be effective until phase one of the project is complete. Until that
time, the buildings may be used as residences only.
ALTERNATIVES
1. The council may deny the request, as recommended by staff and the Planning
Commission, if it makes findings to support a denial.
2. The council may approve the use, subject to conditions suggested by staff or with
modifications to those conditions. Staff suggests that if the council prefers to
approve the use with regular chapter meetings at the house, the council should add
the following:
Conditions:
a. The applicant shall submit a parking management plan to address parking for
large gatherings, to the approval of the Community Development Department
staff. Failure of members of the fraternity and invited guests to adhere to the
approved plan may be grounds for revocation of this use permit. All group
gatherings involving more than 16 persons shall be held offsite until the
parking management plan is submitted to and approved by the Community
Development Director, and is in effect.
MEETING GATE:
111111111111110111 city Of San tins OBISPO
MEM
N"ACOUNCIL AGENDA REPORT
NU` `
U 1449B
Page 5
b. A maximum of 70 persons, or a lower number if so determined by the Fire Marshal,
may occupy the site at any one time. This occupancy limit shall be posted in
the building at a location satisfactory to the Fire Department.
C. This use permit shall be reviewed in one year. At that time, conditions may be
added or modified, or the use permit may be revoked.
3. The council may continue the request, if additional information is needed. Direction
should be given to staff and the applicants.
RECOMMENDATION
Adopt a resolution upholding the Planning Commission's action denying the use permit, and
denying the appeal.
If the council chooses to approve the use permit, staff has attached a resolution with
suggested findings and conditions.
i'
Attached: Vicinity map
Draft resolutions
Applicant's statement
Letter from fraternity noting intent to file use permit application
Planning Commisssion minutes - August 9, 1989
Appeal
Sample neighbor relations plan
JL7:u 1449cc
1
i
RESOLUTION NO. 1989 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S ACTION
DENYING A USE PERMIT FOR A FRATERNITY AT 720 - 726 FOOTHILL BOULEVARD
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings That this council, after consideration of the use permit
request U 1449B, and the Planning Commission's action denying that use permit, staff
recommendations and reports thereon, makes the following findings:
1. The proposed use will adversely affect the health, safety, or welfare of persons
living or working on the site or in the vicinity.
2. The use is not appropriate at the proposed location and will not be compatible with
surrounding development.
SECTION 2. The request for approval of the appeal and use permit "request U 1449B is
hereby denied.
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day of
1989.
Mayor
ATTEST:
City Clerk
Resolution No. 1989 Series)
U 1449B
Page 2
APPROVED:
City dministrative Officer
City Attorne
Community Development Director
JL7:res l 449
RESOLUTION NO. 1989 SERIES)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN APPEAL OF THE PLANNING COMMISSION'S
ACTION DENYING A USE PERMIT TO ALLOW A FRATERNITY
AT 720 AND 726 FOOTHILL BOULEVARD (U1449B)
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this council, after consideration of Public Testimony,
the use permit request• U 1449B, and the Planning Commission's action denying that use
permit, staff recommendations and reports thereon, makes the following findings:
1. The proposed use will not adversely affect the health, safety, or welfare of persons
living or working on the site or in the vicinity.
2. The use is appropriate at the proposed,location and will be compatible with
surrounding development.
3. The proposal conforms to the general plan and meets zooning ordinance requirements.
4. The proposed use is exempt from environmental review.
SECTION 2. The appeal is granted and use permit request U 1449B is hereby approved.
SECTION 3. That approval of the use permit shall be subject to the following
conditions:
Conditions:
1. This use permit shall not take effect until "phase one" improvements have been
completed and accepted by the city.
2. Occupancy shall be limited to the Alpha Upsilon fraternity unless approved by the
Planning Commission.
3. No more than twelve people shall live at the house at any time.
4. The applicant shall allow the city to verify occupancy of the house by allowing an
inspection of the records or by a visual inspection of the premises. Any inspection
shall be at a reasonable time and shall be preceded by a one-hour notice to the
residents.
5. The site shall be.maintained in a neat and orderly manner, to the satisfaction of the
Community Development Department. All plant materials shall be maintained and
replaced as needed.
6. If a reasonable complaint, as determined by the Community Development Director, is
received in writing by the Community Development Department, the complaint shall be
referred to the Planning Commission for consideration at the commission's next
available meeting.
r i
Resolution No. 1989 Series)
U1449B
Page 2
7. The Chief Building Official and the Fire.Marshal shall inspect the structure for code
compliance.
8. Events, including meetings, parties, or any other gathering of more than 20 persons
on site, are prohibited. No events involving persons other than residents living on
this site are allowed between the hours of 10 p.m. and 9 a.m.
9. The applicant.shall institute and maintain a neighborhood relations program similar
to the attached Exhibit A. This plan shall include at least the following elements:
Annual training of all members in community relations.
A program to .inform neighbors of upcoming meetings at the fraternity house.
Submission of names and telephone numbers of responsible persons to the
Community Development Department and to the neighbors within two blocks of the
house. Responsible persons shall be available during all events and at
reasonable hours otherwise, to receive and handle complaints.
10. Events, including meetings, parties, or any other official fraternity function, shall
be listed on a meeting and activities schedule, submitted to and 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.
Evidence of implementation of said plan shall be submitted to the director for review
each year. Failure to implement said plan may be grounds for revocation of this
permit.
11. Failure to comply with any of the above conditions or code requirements, or the
conduct of the use 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 REQUIREMENT
1. Greek letters shall be allowed on the building or fence in accordance with. the Sign
Regulations.
3- 9
Resolution No. 1989 Series)
U 1449B
Page 3
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day of
1989.
Mayor
ATTEST:
City Clerk
APPROVED:
ity A nistrative Officer
V
City Attorne
Community Development Director
C
J.-/0
O 'Z-4 C/oS - 1J+a/rJ
nc_ 6
a!o
Y
r •
f
tirf
is
t
e
oJls
7 t O e`i
tz: AVO
V
l• l'a
O•
z /W O
0 I - 0
O O O
aq a
t.L
J ,•ll + 11 S
i I
M I eI
y1
j lol.p 7 0
t
y L
ata n-.oN. V'
J
f
Ot
t
AM.
o PFa .
C-N
IA4aril
o ai
Rol
sT-IJ
Ni
At
e a
w+n n
rr- • 7
X70 6E0 661
10]) 71S:
J. ; Vfill FOOTHILL
t l 1
t+e rs
1 Ga 19
fill 171.17 7w-tA TI N)r•t
pA le•ew a. •y+ 0)1• r-r •Yaa-U r.arN Z w•e-IL!
ntet-I( 1rIMA'rl "mat
e•ar elwar t1Y'. /!• Mt .:nwt O y
3
nt •)rr u1-« n smrav
Ccr.
x m
tea]. rW lf•Y•
1tetL l+)!
as JfP •j
1T f0•
l61`• u-9—R
Date: June 6, 1989
To:San Luis Obispo Department of Community Development
From: Scott C. Moran, Alpha Upsilon Fraternity
Subject: Use Permit application for Alpha Upsilon Fraternity to operate at
720 & 726 Foothill Boulevard.
Alpha Upsilon Alumni Corporation purchased the property located at 720 and 726
Foothill Boulevard in July of 1988 as a potential site for the fraternity to operate. Alpha
Upsilon Fraternity has thirty members and hopes to provide housing for 12 members on
the site. It is intended that the site serve as alocation for weekly General Meetings,
lasting approximately one hour on Sundays from 6:00 p.m. It is also intended that the
site will serve as a location for social events, approximately three to four times per
academic quarter. These social events would consist of In-House Members and invited
guests only and would not consist of"Open Parties".
The site is presently zoned R-4 and has neighboring lots consisting of medium to high
density housing and commercial properties. In order to facilitate the Use Permit process,
Alpha Upsilon Alumni Corporation has plans to demolish a portion of one building (a
garage) in order to gain access to the backyard for parking. There are also plans to
rennovate the interiors of the existing buildings. The parking lot and the rennovations are
the first part of a two phase plan. The second phase would add a second story and further
rennovate the buildings to thier completed form. Attached are the preliminary drawings
of each phase.. The working drawings are being done by a local architect, named Robert
Richmond.
We are eager to obtain a Use Permit and will do all we can to contribute to making the
process as smooth as possible.
Thank You,
t
Scott C. Moran
Housing Task Force Chairman
Alpha Upsilon Fraternity
The following is a list of the people representing Alpha Upsilon Fraternity in the
application process:
Scott Moran Alpha Upsilon Housing Task Force Chairman
Jens Wessel Alpha Upsilon President
Donald Kahn Alpha Upsilon Alumni Corp. Board of Directors
Robert Richmond Architect
Alpha Upsilon Fraternity Use Permit Application
f
The following is a list of neighboring lots of 720 & 726 Foothill Boulevard:
East
730 Foothill Blvd.
Single Family Residence (Rental-Students)
West
710 Foothill Blvd.
8-Unit Apartment Complex
North
140 Ferrini St.
22-Unit Apartment Complex
772 Foothill Blvd.
8-Unit Apartment Complex
South (Across Street - Foothill Blvd.)
Luckyfrhrifty Shopping Center
X3-/3
o
To RLY RC ZUer
ejcr Al2MPejJI1,A (aA2Dt
October 3, 1988
City of San Luis Obispo RECCENED
Planning Department
990 Palm St. OCT Z
San Luis Obispo,Ca 93401 C.ty cf Se Ly}UMaOo
Cor..'vr:-.y Cevetocrnem
Dear Planning Staff,
This letter is concerning Alpha Upsilon Fraternity's recent purchase of the property
located at 720 and 726 Foothill Boulevard. It has been our full intention from the start to
obtain a use permit to function at this property. This was also was a major factor in our
decision to purchase the property. We feel this location is ideal for a fraternity use due to its
zoning(R-4),proximity to Cal-Poly, and its relationship to surrounding properties. .
We have been actively working towards submitting a use permit application and
recently met with City Planning Director,Mike MultarL to discuss our possible options: Our
housing committee is currently consulting with architects on the development plans for this
parcel. In this process we hope to mitigate neighborhood concerns such as noise and parking.
There recently has been a great deal of concern over publications announcing rush
functions at this address. These flyers were printed before we realised all the problems with
holding fraternity functions at this location. This problem has been corrected,and we fully
intend to hold no functions at this address,
We are confident that we can work with the neighborhood and the city to mach a
positive solution for a fraternity use of the property. We will inform you of the progress on
our application, and we encourage you to call us with any concerns you may have.
Sincerely,
G'
Scott Moran
Vice-President
Alph Upsilon Fraternity
James Hendrickson
Housing Chairman
Alpha Upsilon Fraternity
J
DRAFT Planning Commission Minutes
August 9, 1989
3. Public Hearing: Use Permit U1449. Request to allow a fraternity house; 720 foothill
Boulevard; R-4 zone; Alpha Upsilon Fraternity, applicant.
Judith Lautner, Associate Planner, presented the staff report recommending approving of
the use permit with conditions limiting the use to residential with small meetings.
Vice-Chairman Crotser opened the hearing.
Scott Moran, 720 Foothill, applicant's representative, discussed the fraternity's
history, request, and the search for an appropriate site. He discussed the
Intrafraternity Council's procedures to handle complaints and regulate fraternal activity
and conduct. He discussed the specific.site plans.
Phillip Simon, 1510 Higuera, attorney representing Al and Elinor Bonin, discussed
neighborhood concerns about this group's behavior to date and the activities on site. He
distributed a petition of opposition, which cited concerns about increased parking needs,
activities, and gatherings, and traffic problems.
Al Bonin, 272 Del Mar Ct., discussed an increase in the amount of police calls to the
site and asked that the permit be denied. He noted that there are 10.2 apartments within
300 feet of the site and 41 more nearby.
Dennis Adams, 2020 Hope Street, was concerned about traffic, parking, and disruptive
behavior in the area.
Mary Gobel, 2766 Flora, was concerned about parking and noise problems, and the use of
loud, profane, language.
Vil Gillespie, Box 3, Rte. 298, San Luis Obispo, was concerned about increased traffic,
parking, and the incompatible use within the neighborhood. He said fraternity members
use his parking lot at 772 Foothill.
Kathryn Reed, 250 Ferrini, was concerned with traffic, parking, and loud. parties. She
felt the fraternity is too close to an existing sorority in the neighborhood.
Patrick Gerety, 793 Buchon, discussed the history of abusive behavior displayed by this
group and felt they have forfeited their right to operate in this city. He requested
denial of the permit and suggested referring the fraternity to the National Fraternity
Council or the Cal Poly Dean of Students for disciplinary action.
Terry Drinkard, 140 Ferrini #15, was opposed to the fraternity location and i.;,e use
permit request.
Kathryn Dinkard, 140 Ferrini #15, agreed that the request should be denied.
Elinor Bonin, 272 Del Mar Ct., discussed problems and complaints at her 140 Foothill
apartment complex.
DRAFT Planning Commission Minutes
August 9, 1989
Page 2
Sandy Gillespie, Box 3, Rte. 298, San Luis Obispo, felt the request should be denied
because the fraternity had operated without permits, had delayed the permit application
process, and felt the fraternity was setting an unfair precedent. She was concerned
about the non-cooperative attitude of the group.
Roy Hanff, 569 Lawrence, felt there had been several complaints about this fraternity
that had never been processed. He suggested a perf.o'rmance bonding process to protect
taxpayers and the community. .
Mr. Morin, in response to public comments, stated he felt it was unfair to judge the
present fraternity group on the past behavior of former members.
Vice-Chairman Crotser closed the public hearing.
Commr. Roalman. felt this use would affect the health, safety, and welfare of the
neighbors and supported a denial of the. permit.
Commr. Karleskint supported denial of the permit due to the impacted area and the
inappropriateness of the site, as well as the documented abusive behavior of this group
at this site in the recent past, and their apparent uncooperative attitude to date.
r
Commr. Kourakis was against the permit due to the incompatibility with the neighborhood
and the fraternity's disregard for the community rights.
Commr. Hoffman agreed with Commr. Karleskint.
Vice-Chairperson Crotser felt the land use of R-4 was appropriate and the the conditions
were reasonable. He allowed that it was a new membership filing the request but was
concerned about traffic, safety, and welfare, and neighborhood compatibility..
Commr. Karleskint moved to deny the use permit due to adverse health, safety, and welfare
concerns and neighborhood incompatibility.
Commr. Roalman seconded the. motion, Resolution No. 4092-89.
VOTING: AYES: Commrs. Karleskint,.Roalman, Hoffman, Kourakis, Crotser
NOES: None
ABSENT: Commrs. Schmidt, Duerk
The motion passes.
il ill ll ll I INN1 city of san luis OBISPO
990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403.8100
APPEAL TO CITY COUNCIL
In accordance with the appeals procedure as authorized by Title I . Chapter
1 .20 of the San Luis Obispo Municipal Code, the undersigned hereby appeals
from the decision of Tt UiLj Pu.1i 1 1C CU.IM15<'jQJ rendered
on A116UST C1 , 19:'`1.which decision consisted of the following (i.e.
set forth factual situation and the grounds for submitting this appeal.
Use additional sheets as needed) :
C
1n1 cvr.1 ixs u c.dr.>,s>,,,,y.Q) TL r
A410 vyFPuQu.i R C
The undersigned discussed the decision being appealed from with:
on
Appellant:
RlPHFE UASI1s-4.1
Name/Title
ry JQis P2
E v E o Representative
AUG 1 £S
Address
I:ITi r!EF.F;
Lu:S CL15PO. CA
Phone
Original for City Clerk
Copy to City Attorney
2redr: Copy to City Administrative Officer
Co rtment(s) : 1
City Clerk T
i
TO: Judy Lautner DATE: October 7. 1986
FROM: Community Relations Committee,
Alpha Omicron Pi
SUBJECT: Community Relations Office and Committee. Community Relations Plan,
Meeting Information
I. Committee Relations Office and Committee - Neighborhood Plan
A. Co-chairs of Community Relations committee were appointed
September 29, 1986.
B. A Community Relations Committee of 7 members was formed. The
committee has established the following Community Relations Plan. . .
1 . Chapter Workshops
a. Community Relations Co-chairs will lead the annual work-
shops in the training of chapter members regarding community
relations.
1 . Meeting the neighbors.
2. Explanation of house rules and regulations. (eg. quiet
hours-, no alcohol , etc..)
3. Solicit recommendations for community projects and
workdays. (eg. window washing, ear washing, gardening)
4. Immediate contact available to neighbors regarding any
questions and concerns.
5. Immediate personal follovrup'in response to questions and
concerns. (eg. member of the chapter is dispatched from
the house to see neighbors in person.
6. Answer suggested questions and common concerns.
7. Neighborhood distribution of important information.
a.. Neighbors will be provided with phone numbers
of the House Manager, Chapter President, and
Chapter Advisor to answer to any concerns or
questions that may arise.
b. Neighbors will be provided a calendar of chapter
events each quarter. (eg. rush dates, presents,
special events)
c. Neighbors will r1ecd6ve follow-up notices one week
prior to each event.
8. A list of chapter members and their car license 9' s
will be made_ and kept at the house for any necessary
use.
EXHIBIT_ .
2
2. House Manager
a. One of the residents will be appointed House Manager.
She will have a variety of duties relating to the operation
and up-keep of the house.
b. House Manager will be an active member of the Community
Relations Committee and attend all meetings, which will
be held quarterly.
3. Community Service
a. Pledge Project
1 . During the fall quarter pledge period, pledges will be
expected to participate in a community project. (eg.
collection of newspapers/tin cans for recycling, neigh-
borhood car washing, weeding etc. )
2. Pledges will also participate in Workdays the first Sunday
of each month.
b. Good Neighbor Day
1 . All active members will participate in a Good Neighbor _
Day, which will be held in the spring quarter.
a. Services will include gardening., window washing and
other needed services.
b. Neighbors will be informed of community service days .
in advance to give them the opportunity to make
service requests.
4. Open House
a. Each fall quarter the chapter will host an open House
inviting the neighbors to become aquainted with the members
of Alpha Omicron Pi and express any 7uncerns that they may
have.
1 . House tour
2. Calendar events
3. Question/Answer session
4. Positive reinforcement and remedies to concerns.
5. Non-Compliance
a. Should a member be in violation of the agreed upon house
rules and regulations, there are penalty fines established
in the chapter's bylaws.
b. Alpha Omicron Pi bylaws provide for probation of a collegi1
member for failure to comply designated policies. Serious _
violation penalities include probation and suspension from
fraternal activities. bfT D
r
3
II. Meeting Information
A. Chapter Meetings-
1. Monday evenings between 6p.m. and 10p.m. Maximum number: 80
currently 50)
2. Nine to ten chapter meetings per quarter; no meetings during summer
or school academic holidays such as Christmas to New Years.
B. Leaders Council- Sundays preceeding Chapter Meetings between 4:30 and
6p.m. Maximum number: 10
C. Special Events:
1. Rush Practice: Maximum number:_ 50
M-F 9712, 2-5 1st week
r//
MJtl 9-12, 2-5 2nd week
M
2. Rush- end of WOW week
A
F 11:30 am-6 pm
S 11:30am-6 pm
000 r
S 12:00am-6:30 pm
M 7:00 pm-10:00 pm)
More formal events
T. 7:30 Dm-10:00 pm
i Maximum numbers: 50 members; 30-45 rushees per set. Members will
arrive a little earlier for .set-ups. Transportation is provided
for rushees by Panhellenic. They are brought and picked up by bus.
3: Open House for pledges and parents a Saturday in October, 1-5 pm.
Maximum: 30-35
4. Overnight Retreat- Fall quarter- pledges only. Maximum: 30-35
5. Work Days: One Saturday per month approximently 10 am to 12 pm-
coordinated with community relations projects. Number of people
dependent on chores to be done.
Estimate: 30-40.
6. Other: Open Nouse for neighbors each quarter; open house for
visiting parents-Poly Royal. Neighbors to be provided with dates
and times of events quarterly.
CJ
7H7B1T D
0 Wn AGENDA
DATE ITEM #
To : San Luis Obispo City Council Date: Sept. 18, 1989
From : Alpha Upsilon Fraternity, Inc.
Jens F. Wessel, President
Re Request for contivance of our appeal of the City Planning Commission denial of
use permit application.
We respectfully request a continuance for our appeal hearing with the City Council.
Alpha Upsilon's legal council Mike Owens has an urgent matter to attend to and
therefore we cannot be properly represented. Thank you for your consideration.
Re7FWesselj
y Submitted By:
G OOOCOi 20 6343 09-19-89 i0
Je Pr&SC- 1 40.00
99999999999901
20 CASH ? TOTAL 1 40.00
RECEIVE ®
SEP 1 8 146,,
C' CITY CLERK
SAN LUIS'OBISPO,CA
r
Denotes acbm by Lead Person
IdRespond
by:
I
CAO
e0ty Atty.
O'Clerk-orig.
OR. 7'fd.35f
n
CITY CLERK
lel WA
9EETING AGENDA
ITEM # -DATE
CHRONOLOGY OF EVENTS REGARDIMC- 720-726 FOOTHILL EOULEUAP.D
July , .1968 Fraternity purchases property
located at 720-726 Foothill Blvd .
2 units: 1-1 bdrm; 1-3 bdrm
No application for use permit .
August, 1SEB City receives complaint that the
premises may house fraternity .
August 22, 1989 Letter to Fraternity .from City:
A Planning Commission use permit
must be appro,:ed to allow a Fraternity
at this address . If you intend to
establish such a use, you or a local
representative must apply For this
use permit immediately . I have enclosed
materials for such an application . "
September-
October, lose Fall Push week activities including
house warming party , BBQ with live music,
jamboree, smoker, etc . announced
for week of October 6-12., 1SBB .
All activities on premises with
jamboree sole invite only event .
Announcements displayed all over Cal Pcly
campus with colorful posters
October 1 , 1988 Owners of adjacent apartments complain
to Community De-'elopment Department re:
failure of Fraternity to have proper use
permit .
October 'f, 1966 Letter to City From Fraternity . Mentions
recent" purchase of property (4 months) .
It has been our full intention From start
to obtain a use permit to function at this
property . " Mentions "working towards a use
0errotesaGionbyLeadPorson
permit application. "
ZRepond by:
ncil Addresses issue of Push week activities:
CAO
C ityAtty This problem has been corrected, and we
Orcl fully intend to hold no functions at th '
address. "
F.REC.EIY.
SEP 189 '/0p•1ti
Page three
AREAS OF CONCERN
Use permit should be denied, as the Following areas of
concern have not been properly addressed:
1 . INCREASED PARKING NEEDS: Although the Fraternity 's
proposed plan calls For the construction of additional on-site
parking, such parking would not be adequate for any gathering or
meeting involving persons other- than the residents of the
premises . Clearly, the neighboring on-street. parking will be
compromised by the increased demand caused by any such gatherings
or meetings . Although the Fraternity has agreed to limit its
social Functions on premises , the track, record of the Fraternity
to date, as delineated above, speaks For itself regarding the
fraternity 's ability to restrict its activities as promised . It
has even been . reported that some Fraternity residents and/or
guests have been utilizing the offastreet parking From the
adjacent apartment buildings presently to solve their current
lack, of sufficient on-site parking spaces. Curbside in Front of
premises is designated as red nc-parking zone.
2 . INCREASED TRAFFIC CONGESTION: This is an area of
high density residential housing, with three apartment complexes
adjacent to the fraternity premises . The conversion of two
residential units, to wit: 1-1 bedroom unit and 1-3 bedroom unit,
into a 12 person household, will surely increase the traffic Flow
in such high density area, even assuming the occupants do not
entertain others, which invariably will occur . Ferrini Street
has now been opened through to Highland Drive, creating a
shortcut to the Cal Poly campus . The increase in occupants, all
attending Cal Poly, will increase the traffic flow on Ferrini.
towards and back From Cal Poly, creating a thoroughFare out of a
small residential street.
3 . INCREASED NOISE: As can be seen From the events
which have taken. place to date, the Fraternity 's use of the
premises has increased the noise levels late at night and has
caused concern among neighboring residents.
Page four
f.LOITERING., ALCOHOL CONSUMPTION IN PUBLIC AND
INCREASED LIITER: The fraternity 's plans call for no
restrictions on loitering or alcohol consumption, or clean-up of
area after fraternity events . These are concerns of the
neighboring residents as it has been reported that certain
Fraternity residents and/or guests have been seen loitering about
the premises and neighborhood, drinking alcohol in public. view,
making lewd comments to persons visiting residents of the
neighboring apartments and leaving their garbage thrown• about.
The premises are in close proximity to a liquor stare, a bar and
a market where alcohol is sold.
S . UNDERAGE DRINKING: The fraternity 's plans call Por-
no supervision of activities to insure that alcohol consumption
is limited to persons over the age of 21 .
6 . USE NOT IPJ CONFORMITY WITH NEIGHBOP.HODD: This is a
residential neighborhood, with businesses to the east and a
shopping center. to the south across the street. Although- there
is a sorority on the next block, the alcohol use and noisy. party
atmosphere of a fraternity does not appear to exist there ..
There exists in close proximity to the premises in question over
100 apartment units, mostly family oriented, with elementary
school on next block. The party atmosphere of the fraternity, as
can be deduced from the events so far scheduled: by the -
Fraternity , does not coincide with the family oriented mature of,
the balance of the neighborhood.
7.THE FRATERNITY 'S APPEAL: The fraternity; through-
its president now complains that the decision of the planning--
commission
lanning_
commission was unfair and based on misleading inEormation whichn
condemned and unfairly represented them . It does appear- that thea
Fraternity and its officers have forgotten the fads.
Page five
On August 22, 1988, Judy Lautner, an associate planner
with the City , wrote the fraternity regarding the neighbors '
concerns about the fraternity functioning at the address without
a use permit . The fraternity responded on October 4, 1988
through its vice president, Scott Moran, who indicated, "there
recently has been a great deal of concern over publications
announcing rush functions at this address. These flyers were
printed well before we realized all the problems with holding
fraternity functions at this location. This problem has been
corrected, and we .fully intend to hold no functions at this
address" . Less than 3 days later, beginning October 6th and
continuing on October 9th, 9th, 11th, and 12th, functions were
held at this address. Still without a permit, the Fraternity
continued to advertise and actually held these functions, in
total contradiction to their written advisement to the City .
Certainly , these facts are not misrepresented .
Again in the spring, 1999, still without a use permit,
the fraternity held more functions &at this address . Still
without a permit, the fraternity advertised these functions.
This is not a misrepresentation, this is a set of facts.
As a result of these facts, the fraternity was cited
For a violation . The City Filed a complaint against the
Fraternity to force them to either cease and desist from holding
Fraternity functions at the address or obtain a use permit . The
fraternity was ordered by the Municipal Court of San Luis Obispo
County to comply with a term and condition of probation to apply
for a use permit within 30 days. The fraternity did not comply
with the court orders . This is not a misrepresentation, it is a
Fact . The fraternity filed for its permit later than as ordered
by the court. This is a fact, it is not a misrepresentation.
The use requested by the fraternity increases an already
impacted" neighborhood . This is not a misrepresentation, this
is a fact .
The only misleading information or information that has
been unfairly presented, appears to come from the fraternity and
its members.
C
Page Six
CONCLUSION
It is difficult to understand how the City Council can
approve a use permit for the fraternity which use permit does not
touch upon the issues presented herein, in light of the concerns
as expressed herein . It is requested that such use permit be
denied. It is also extremely difficult to understand how the
City Council would be willing to accept the Fraternity at its
word, in light of the failure of the fraternity to comply with
the City 's initial request For a use permit application, and in
light of the Fraternity 's Failure to comply with its own self
imposed restrictions after being notified of its violation of the
zoning ordinance and in light of the Fact that the Fraternity
Failed to comply with the court imposed probation condition .
In the event that the City Council would be inclined to grant
the use permit to the Fraternity , such action would be tantamount
to looking the other way regarding the Fraternity 's Full year of
occupancy without the proper use permit, in spite of the Fact
that the current application was filed only after the Fraternity
was ordered to do so as a condition of probation, after
successful prosecution of the zoning violation initiated by the.
City after receiving complaints From neighboring residents
regarding the Fraternity 's activities.
j,ll ly.+.`,s511!,H.,ai I li•,III'
Ih city of sAn luis OBISPO
990 Palm Street/Post Office Box 8100 • San Luis Obispo. CA 93403.8100
22 August 1988
Alpha Upsilon Alumni Corporation
96 W. Campbell
Campbell, CA 95008
SUBJECT: Use of property at 720 and 726 Foothill Blvd.
Dear AU Alumni representative:
Our records indicate that you own property at 720 and 726 Foothill Blvd. I visited the
property today, after receiving a complaint that a fraternity may be located there.
Nobody was home, but I noted fraternity-related equipment in the yard and in an open
storage room.
A Planning Commission use permit must be approved to allow a fraternity at this address.
If you intend to establish such a use, you or a local representative must apply for this
Jl
use permit immediately. I have enclosed materials for such an application. If the
property is not intended as a fraternity house, please let me know.
If you have questions about this, call me at (805) 549-7166.
Sincerely,
a I it,(-il/u
Judith Lautner
Associate Planner
enclosures
cc: Steve Schneider
a
C- t_
w
Z V o W
z cn Wwpm
F uj> oA o U
oz
tea
z V
fig
vim
V o
y z
o
0 o i. ' ba ti a c pR .
o di z o ti IA 4 ` o 0
r o ti N • tv AQ 3 a u a Z
o E.. co Q tA ^co p o0PM
V V V V V V C
O O o O o bk
L
H Santa Rosa
O
O ChORO
IL r i u
Od n IL(A
AP--
A
c r"
1^
October 1. 1988
Community Development Dept.--Planning Division
990 Palm Street
San Luis Obispo, Ca. 93401
To Whom It May Concerns
r
As property owners adjacent to the recent ..purchase
of one parcel located at 720-726 Foothill Blvd, San Luis
Obispo by Alpha Upsilon Fraternity, we are concerned about
the activities which will inevitably be very disturbing
to our tenants. Particularly so will be the activities
that, according to their posters circulated on the Cal Poly
campus, will be extremely disruptive toward-the tranquility
of the neighborhood..
The planned activities as posted by the fraternity
will includes
1. Thursday, October 6. 8. 00 P.M. House Warming Party
2. Saturday, October 89 12.00 to 4.00 P.M. BBQ With Live Music
3. Saturday, October 89 8.00 P.M. Caribbean Calypso( exehange wi,
4. Sunday, October 99 AY Jamboree AX11Sororit;
5. Tuesday. October 119 8.00 P.M. Smoker
6. Wednesday October 129 8.00 P.M. Interviews
These fraternity .a_.etivities as currently planned with
undoubtedly more to follow in the future in an area that is
not in conformity With city codes and land use permits are
of grave concern to us.
The continued investigation by the City Community
Development Department into this situation is appreciated.
The Lanai Apar ants. 1Fe int SLO
Owners C'__xL 1#
lei de. J V Bonin
L 44- apld
inor K. Bonin
710 Foothill Apartments, SLO
Owners
Dennis A... Adams
772 Foothill A t n , LO
Owners'
Val Gij iespf a p.
Sandra Gillespie
C:
Sl i H LAUTNER
ate Planner To c,^,`LjrPlanningDivision
b'sl} I+c Cwt.
AaMOE.ILlli" !i V O t"A ClN2 1J
san tuts OBISPO Aa-wz Came
Community Deveio m neDartment•(805)549-7166
990 Palm St.•P.O.Hox 8100•San Luis Obm=.CA 93403.8100
City of San Luis Obispo RECEIVED
Planning Department
990 Palm St. OCT ,8' 1988
San Luis Obispo, Ca 93401
X l'J•:U7YfG0
Dear Planning Staff.
This letter is concerning Alpha Upsilon Fraternity's recent purchase of the property
located at 720 and 726 Foothill Boulevard. It has been our full intention from the start to
obtain a use permit to function at this property. This was also was a major factor in our
decision to purchase the property. We feel this location is ideal for a fraternity use due to its
zoning(R-4),proximiry to Cal-Poly, and its relationship to surrounding properties.
We have been actively working towards submitting a use permit application and
recently met with City Planning Director,Mike Multari,to discuss our possible options. Our
housing committee is currently consulting with architects on the development plans for this
parcel. In this process we hope to mitigate neighborhood concerns such as noise and parldng.
There recently has been a great deal of concern over publications announcing rash
functions at this address. These flyers were printed before we realised all the problems with
holding fraternity functions at this location. This problem has been corrected,and we fully
intend to hold no ftmctions at this address.
We are confident that we can work with the neighborhood and the city to reach a
positive solution for a fraternity use of the property. We will inform you of the progress on
our application,and we encourage you to call us with any concerns you may have.
Sincerely.
G
Scott Moran
Vice-Presideat
Alph Upsilon Fraternity
James Hendrickson
Housing Chairman
Alpha Upsilon Fraternity
Poo
l
C'
o m m c i
a Z v U)
Ry
MXODiv w
C)
w Nom,
w mowo
r r r r CO
0 0 Q m
Woof-
riw a
0 0 0
sd''..%+
nati t_, moi..
Z 111
a o
MIM4 Odom
fn eel*
CDCD CD CD m1a
00 00N av 0 a
C:) z C) o v
Budweiser. kud%i eiser. =
s
o
R
TT
Ce
SAN LUIS OBISPO COUNTY MUNICIPAL COURT
ENTRY OF GUILTY/NO CONTEST PLEA - CASE NUMBER: M0001?8250
VS 7 COURT:
ALPHA, UPSILON / 001 DATE: TIME:
BE OF GOODOB Y ALL LAWS: CITY, COUNTY, STATE AND FEDERAL.
OBEY ALL LIKE VIOLATIONS.
NOT DRIVE UNLESS P'ROP'ERLY LICENSED TO DO SO / AND INSURED.
NOT DRIVE W/B.A. OVER .00%.
SUBMIT TO CHEMICAL TESTING UPON DEMAND OF ANY PEACE OFFICER OR
PROBATION OFFICER.
PAY FINE IN AMOUNT AND MANNER INDICATED ABOVE.
SERVE DAYS IN COUNTY JAIL INDICATED ABOVE.
ATTEND TRAFFIC SCHOOL DWI (FIRST OFFENDER) PROGRAM
S.. 7 ECOND OFFENDER) i T—ALCOHOLICS ANONYMOUS.
THEFT OFFENDER PROGRAM ASSAUETTVE-BEHAVIOR PROGRAM
SUB= PROOF OF ENROLLMENT WITFfIN— DAYS.
SUBMIT PROOF OF COMPLETION WITHIN DAYS/MONTHS.
MAKE RESTITUTION THROUGH PROBATION DEPARTMENT AS DIRECTED FLUS 10%
COLLECTION FEE.
DRIVING PRIVILEGE SUSPENDED MONTHS/YEARS.
DRIVER'S LICENSE RESTRICTED DAYS/YEARS TO DRIVING ONLY
TO AND FROM WORK IN CUUR=OF EMPLOYMENT
TO AND FROM TREATMENT PROGRAM
NOT DRIVE IN VIOLATION OF LICENSE RESTRICTION.
PERFORM HOURS OF VOLUNTEER COMMUNITY SERVICE, PROOF OF
COMPLETIMT-QZTgnT- DAYS.
REPORT TO PROBATION OFFICER AS DIRECTED.
NOT CHANGE EMPLOYMENT RESIDENCE OR LEAVE COUNTY OF SAN LUIS OBISPO
OR STATE OF CALIFORNIA WITHOUT FIRST OBTAINING PERMISSION OF THE
PROBATION OFFICER.
SEEK AND MAINTAIN EMPLOYMENT, OR ENROLLMENT IN SCHOOL.
COOPERATE WITH THE PROBATION OFFICER IN FLAN FOR TREATMENT.
NOT USE ALCOHOLIC BEVERAGES OR FREQUENT PLACE WHERE SALE OF SAME IS
PRINCIPAL BUSINESS.
NOT USE OR POSSESS ANY CONTROLLED SUBSTANCES.
SUBMIT UPON DEMAND OF ANY PEACE OFFICER OR PROBATION OFFICER TO SEARCH
OF PERSON PERSONAL PROPERTY RESIDENCE AND/OR VEHICLE OWNED OR BEINGOPERATEDAYDEFENDANTWITHOUTWARRANTANDWITHOUTNOTICETOLOOK
FOR
pALL TERMS AND CONDIT ON$ TO MAI IN FULL FORCE AND EFFECT.
OTHER L
ULt
ABIDE BY SA E.
DEFENDANT Z ATTORNEY
LSL150-RO
END OF EPORT
SAN LUIS OBISPO COUNTY MUNICIPAL COURT
ENTRY OF GUILTY/NO CONTEST PLEA - CASE NUMBER: M0001882510
THE PEUPLF_ OF THE STA ENT
VS COURT:
ALPHA, UPSILON / 001 DATE: , / TIME:
001 sl=mbtllret. l
JUDGE: J CLERK: _
PROSECUTOR Gum• llactkz 1§1DEFENDANT PRESENT
DEFENSE COUNSEL: %iC/'l97 L0 7/ 1. DEFENDANT NOT PRESENT
COURT REPORTER: INT TYPE: NAME:
REV=SLCR CASE-$ 0020LILI-ENLIANI IN
ON
MO ES AN CO T ORDERS COMP INT MENDED LkoEFENDANTMOVESTOWITyXiRAWPREVIOUSF A AND/OR PLEADSfOCONTESTT0: o?o?,//p a/C 7 /Ivy ,?-tZ0 yiL%
COURT DISMISSESUOURT Tl`UN Ul- IrA/UUUKI-OA
GROUNDS OF
PRIOR ALLEGED i D STRICKEN ON GROUNDS
DEFENDANT ADMITS VIOLATrW OF PROBATrON AND WAIVES HEARING—,—
STIPULATES
EARIN ,
STIPULATES TO PROBABLE CAUSE.
DEFENDANT 'ADVISED RE VC SECT. 2310 :.5 CONSEQUENCES. COURT FINDS VC2310c:
ALCOHOL RELATED. DISTRICT ATTORNEY FILES FORM TO SUBSTITUTE CHARGES.
FINDINGS AND PROBATION REFERRAL
PLEA OF GUILTY AND WAIVER OF RIGHTS AND ORDERS" FORM FILED.
DEFENDANT ADVISED OF AND WAIVES RIGHT TO JURY TRIALCONFRONTATION
AND SELF INCRIMINATION AS MORE FULLY SET FORTH ON FACE-SENTENCE VOI'k
DIRE AND FINDINGS ATTACHED AND INCORPORATED HEREIN BY REFERENCE.
DEFENDANT DOES NOT WANT COUNSEL. AFTER INQUIRY COURT FINDS DEFENDANT
KNOWINGLY AND VOLUNTARILY WAIVES RIGHT TO COUNSL HAVING BEEN ADVISED
OF DANGERS PITFALLS AND DISADVANTAGES OF SELF REPRESENTATION, AND
RIGHT TO APPOINTED HUNSEL IF INDIGENT.
DURT FINDS FACTUAL BASIS FOR PLEA(SUILTY ON PLEA OF NO CONTEST.
COURT FINDS DEFENDANT IN VIOLATION 0 ATION.
MATTER REFERRED TO PROBATION DEPARTME T OR PRE-SENTENCE REPORT.
PRE-SENTENCE INVESTIGATION REPORT DETERMINATION OF RESTITUTION.
COURT FINDS DEFENDANT ABLE TO PAY COSTS—ITF APPOINTED COUNSEL IN THE
AMOUNT OF $
COURT FINDS TO PAY JAIL FEES OF $ PER DAY.
DEFENDANT/COUNSEL WAIVES STATUTORY TIME FOR PRONUUMLLMLNI tyr JUDGMENT.
COURT READ AND CONSIDERED THE PROBATION REPORT. DEFENDANT STATES
HE/SHE HAS READ REPORT.
EFENDANT/COUNSEL STATES THERE IS NO LEGAL CAUSE WHY JUDGMENT SHOULD
v NOT NOW BE PRONOUNCED.
FINE
FINE (C/T S DAYS @ $30/DAY) SUSPENDED.
DUE BY IF ACCOUNTING FEE %T57T30
I S OF $ PER MONTH
BEGINNING UNTIL PAIIfTA-FU=.
FORTHWITH ONE DAY FOR EACH $30.
OF FIRE-SUSPENDED FOR EACH HOUR OF COMMUNITY SERVICE SHOWN.
DEFERDANT TO SERVE TIME IN LIEU OF FINE.
PROBATION GRANT / COMMITMENT
PROBATION REVOKED REINSTATED MODIFIED TERMINATED
EXTENDED=
IMPOSITION= SENTENCE SUS
i1--5QF
YEARS/M814fomc.
CONDITIONAL SENTENCE FOR ISED PROBATION.
DAYS IN CUSTODY SUSPENDED.
DAYS IN CUSTODY (C/T/S DAYS) FORTHWITH
SERVE CONSECU DAYS IR=STODY.
STAY OF LALLUTIUN UNTIL AT M.
NEXT EVENT: COURT. ATE' TIME:
DEFENDANT IN CUSTODY, BAIL SET AT $RELEASED OR/BAIL
m.. 4 -nL
SAN LUIS OBISPO COUNTY MUNICIPAL COURT
MISDEMEANOR ARRAIGNMENT MINUTE ORDER - CASE NUMBER: M000138250
VS COURT: SLD BRANCH - DIV. A
ALPHA, UPSILON / 001 DATE: 04/26/89 TIME: 0900
Vol 777 2zz, L
JUDGE: CLERK:
PROSECUTOR:
y,
L `IiEFENDANT PRESENT
DEFENSE COUNSEL: //l,// e 1'
pp /.>
Zd
w! %
DEFENDANT NOT PRESENT
COURT REPORTER: c J INT TYPE: NAME:
6/
DEFENDANTL'UST .
DEFENDANT FAILED TO APPEAR COURT ORDERS THE DEFENDANT'S
OWN RECOGNIZANCE RELEASE REVOKED PROBATION REVOKED
BAIL FORFEITED NO FURTHER PROCEEDINGS.
CD RT ORDERS BENCH/ARREST WARRANT ISSUED—FOR DEFENDANT'S ARREST.
BAIL SET AT $POST & FORFEIT / MANDATORY APPEARANCE NO O.R.
WARRANT ORDERErl- ALLED//SET ASIDE.
BA L1#RDERED R T.
iD/
E ETED WIT TS F $
D FE A T IS INFO ED IN OPEN COURT OF THE RIGHTS SFO N
CASE NO. ARN 001/ADMONITION OF RIGHTS ON FILE AND INCORPORA ED
HEREIN BY REFERENCE.
DEFENDANT STATES HE/SHE UNDERSTOOD.
DEFENDANT ADVISED OF RIGHT TO PROBATION HEARING - PC1203.2(B) .
INDIVIDUAL ARRAIGNMENT
DEFENDANT APPEARING IN PROPRIA PERSONA GIVEN COPY OF COMPLAINT,
STATES TRUE NAME COMPLAINT AMENDED ACCORDINGLY.
DEFENDANT ADVISED OF THE CHARUES AND CONSEQUENCES, HAVING WAIVED
READING OF COMPLAINT.
PUBLIC DEFENDER APPOINTED DENIED BECAUSE DEFENDANT
HAS SUFFICIENT MORET-13R PROPERTY M-RETAIN COUNSEL.
IT APPEARING THERE IS A CONFLICT, ATTORNEY IS APPOINTED.
DEFENDANT DOES NOT WANT TO BE REPRESENTED BY COUNSEL. AFTER
INQUIRY THE COURT FINDS DEFENDANT KNOWINGLY AND VOLUNTARILY
ANDVESDISADVANTAGESHT
TO OOFSSELF-REPRESENTATION,
SED
ANDORIGHTGTOSAPPOINTEDS'
COUNSEL IF INDIGENT.
DEFENDANT INDICATESCD1CT L WILL BE OBTAINED. (
DEFENDANT APPEARING ITH Y COUNSEL WAIVES REA
COMPLAINT AND FURTH ORMATION OFA CONSTITUTIONAL AND STATUTORY
RIGHTS, AND ACKNOWLEDGES RECEIPT OF COPIES OF COMPLAINT AND DISCOVERY.
EFENDANT/ATTORNEY ENTERS PLEA OF:
GUILTY NO CONTEST
DENIES. PRIORS 19 DENIES ENHANCEMENT ALLEGATIONS
ATIWITTED VIOLATION OF PROBATION DENIES VIOLATION OF PROBATION
DEFENDANT WAIVES STATUTORY TIME FOR SENTENCING.
JURY TRIAL WAIVED BY:
DEFENDANT PERSONALLY DEFENSE ATTORNEY DISTRICT ATTORNEY.
COUNTS DISMISSED ON MOTION OF
DISTRICT AITURNEY/CUURT ON GROUNDS
DEFENDANT STIPULATES TO PROBABLE CAUSE VUH AKMt5l .
DEFENDANT MOVES TO BE RELEASED ON O.R. : GRANTED/DENIED.
MATTER REFERRED TO PROBATION DEPARTMENT (PC 1000/1000.6/ O.R. /
REPORT/PAIL REDUCTION/PRE-SENTENCE REPORT. )
DEFENDANT ORDERED TO BE BOOKED AND RELEASED WITHIN 7 DAYS.
DISCOVERY ORDER SIGNED AND FILED.
DEFENDANT REMANDED TO CUSTODY, BAIL SET AT $
RELEASED ON OWN RECOGNIZANCE / BAIL. (REV=S UW7. A3'E=890600^c0 )
NEXT EVENT: DATE: TIME: COURT:
LSL151-RO46 635
END OF REPORT
1 OS/81/89 SAN LUIS OBISPO MUNICIPAL COURT LSL094-8012 '
REPEATER SHEET
DEFENDANT CASE # FILING COURT PROBATION CHARGE PLEA/
DATE BEGIN/END DISP
ALPHA, UPSILON DOB= S= R= H=W=H=E=
M000138250 03/28/89 M1 SLMC17.02.030
x ac POSITIVE MATCHES
POSSIBLE MATCHES x x
635
1
JUDGE:
Please sign if O.K.
Please advise.
A ,t - 1-n,.. L _ _ _D (. d-01 cx.,d 1 '7.e)-?- . 030
7. Z o3 0A o,41w--
Ile
Thank You: Date-g' d
I
I
I
1
Office of the City At.t.orno\,
2 CI"rY OF SAN LUIS OBISPO
Vicki J . Finucane ( 107.9791
3 990 Palm Street
P.O. Box 8100
4 San Luis Obispo. CA 93403-8100
Telephone: (805) 549-7140
5
7
8 IN THE MUNICIPAL COURT OF THE: STATE OF CAL IFORttl'AL
9 COUNTY OF SAN LUIS OBISPO
10 SAN LUIS OBISPO 'RANCH
11
rr
12 THE PEOPLE OF THE STATE OF CALIFORNIA.NO.
13 vs. 1 COMPLAINT-CRIMINAL
J1
1
14 ALPHA UPSILON. I Count 1
15 Defendant(s) .
16
17 VICKI J. FINUCANE. ACTING CITY ATTORNEY, of the San Luis Obispo City
18 Attorney's Office. complains and accuses defendant. ALPHA UPSILON. on
19 information and belief. of the crime described as follows:
20 Count 1 : On or about the 26th day of February. 1989. at and in the
21 City of San Luis Obispo. County of San Luis Obispo. State of California,
22 defendant did commit a misdemeanor, a violation of San Luis Obispo Municipal
23 Code §17.02.030 and §17.02.010. i .e. , did wilfully use or cause or permit to
24 be used a structure in the City of San Luis Obispo in violation of zoning
25 regulations, to-wit: use of 720 and 72G Foothill as a fraternity without
26 appropriate use permit. all of which is contrary to the statute in such cases
27 made and provided. and against the peace and dignity` of the People of the
28
C1 State of California. /
2 On this 1 /-riay of Murch. 1989. in the City ut' San Luis Obispo.
3 California. certify under penalty of perjury that r.he foregoing is true and
4 correct .
5
6
Vicki .1. Fin' ane
7 F.O. Box 8100
San Luis Obispo. CA 93403-8100
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
28
1\
1
Office of the City Attorne%
2 (:ITY OF SAN LITS OBISPO
Vicki J. Finucane ( 1079791
3 990 Palm Street
P. 0. Box 8100
4 San Luis Obispo, CA 93403-81n0
Telephone: (805) 549-71,40
5
6
7
8 MUNICIPAL COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN LUIS OBISPO
10 SAN LUIS OBISPO BRANCH
11
12 THE PEOPLE OF THE STATE. OF CALIFORNIA. 0.
13 vs. DECLARATION IN SUPPORT
14 ALPHA UPSILON.
OF CRIMINAL COMPLAINT
15 Defendant(s) .
16
17 THE UNDERSIGNED hereby declares:
18 THAT I am now employed as a Police Officer for the CITY OF SAN LUIS
19 OBISPO, in the Courity of San Luis Obispo, State of California.
20 THAT an investigation has been conducted to determine if defendant.
21 ALPHA UPSILON, did commit the crime of MISDEMEANOR: violation of §17.02.030
22 and-.§ 17.449.010 of the San Luis Obispo Municipal Code (use of structure in
23 violation of zoning regulations) .
24 YOUR DECLARANT has reviewed the report of this investigation and
25 declares upon information and belief that the facts herein show probable
26 cause that the aforementioned fraternity did commit the hereinbefore stated
27 crime.
28
THE AVESTIGATION REPORT is WW"hed hereLo in Support or this
deciaratiun and is incorporatev by reference herein . your deciarant Lherefore
3 Mqumsts rhe issuance of a warrant or arrest, if der"nHant duns not appear
4 voluntarily in response to appearancQ letter .
5 1 declare under penalty "f p"rjury that An foregoing is true and
6 correct .
7 DATED: J. 2 7 1989 . San Luis Obispo. CQUornia.
8
9
DecFarant 1 . S . Parkinson
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
San Luis Obispo PoliceTDepartment
DR 89060020
Report Date: 03-08-89 Report ID# 68654.A67867 IN 68654
Date. Time
SECTION OFFENSE DESCRIPTION OCC.ON: 02-26-89 12: 00
CO MISC CITY ORDINANCES or BTWN:
17.02.030 MC REPORTED: 03-01-89 14 :.29
FELONY ( ) MISDEMEANOR (X) TYPE OF REPORT OFFICE
CONNECTING REPORTS:
FIELD ( ) INF ( ) PHONE X3
DETAILS OF CRIME
MO: NIGHT TIME, LOUD NOISE
Motive: CREATE DISTURB, PARTY
Location: 720 FOOTHILL
Type Premises: SINGLE RES
Type Property:
Veh used by S/:
ADDITIONAL PEOPLE INVOLVED
CODE: V=Vict, W=Wit, C=Comp, P=Parent, G=Guardian, S -Subj , S=Susp
Code: RP Name: BONIN AL DOB-
1dr: 272 DEL MAR CSZ SIA CAL-'
Age: Sex: Race: HP: ( ) 543-6200 WP:
Eyes: Hair: Wt: Ht: el /
Emp: OWNER APT COMPLEX A
g: 6ZB:cCode: W1 Name• MCDANIEL GREG P. 07=04-65
Addr: 140 FERRINI #9 CSZ• SLO, CA
Age: 23 Sex: Race: HP: ( ) 546-9504 WP:
Eyes: Hair: Wt: Ht:
Veh; u -
Emp: APT MGR AW
Code: W2 Name
ry ----------
MCDANIEL, VICKY F. DOB: 06-17
Addr: 140 FERRINI #9 CSZ: SLO, CA' i.P
Age: 21 Sex: Race: HP: ( ) 546-9504 WP: ,
Eyes: Hair: Wt: Ht:
Emp: APT MGR AKA:
The Details can be found on a Continuation Sheet attached to this report.
sor ID#RepoVting Officer(s) ID Assmt. Rep. O f. Signature
Parkinson,I. S. 6767 P
Assigned to: ID# Assmt. Date/Time Processed by D Clk
her action Yes No
spies to: DOJect3Ve _ Patrolle A$C Other SO/PD
Case Disp. Except _arrest Unfounded Active
SA JIS OBISPO DISTRICT ATTOI
PROMIS WITNESS LIST
SAN LUIS OBISPO POLICE DEPARTMENT CASE # : 89060020 D.A. #
LAW ENFORCEMENT WITNESSES
NAME: Parkinson, I. S.SLOPD 67867
OTHER WITNESSES
1 Name: BONIN, AL DOB: Addr:272 DEL MAR
Sex: Race: HP:5436200 WP: CSZ : SLO, CA
WT RTS INT Y N SUBPOENA INSTR. R B 1 2 3 4 $
2 Name: MCDANIEL, GREG P. DOB: 07-04-65 Addr:14.0 FERRINI #9
Sex: Race: HP: 5469504 WP: CSZ SIA CA
T
WT RTS INT Y N SUBPOENA INSTR. R B 1 2 3 4 5
3 Name: MCDANIEL, VICKY F. DOB: 06-1.7-67 Addr:140 FERRINI #9
Sex: Race: HP: 5469504 WP: CSZ SLO, CA
WT RTS INT Y N SUBPOENA INSTR. R B 1 2 3 4 5
OSAN LUIS OBISPO POLICE DEPARTMENT
CA0400600
CRIME REPORT
89060020
SOURCE:
On 3/1/89 at approx 1429 hrs, I was dispatched to 140 Ferrini #9,
regarding SUB/s at that location desiring to file a complaint
against nearby fraternity.
PROBABLE CAUSE STATEMENT.:
Upon arrival, I contacted the RP/BONIN, W/Greg McDANIEL, and
W/Vicky McDANIEL. BONIN, who is the property owner, and Vicky
and Greg McDANIEL, who are the property mgrs, stated they have
been having a problem with the fraternity Alpha Upsilon, located
at 720 Foothill. They stated they've had continuous noise
problems, party problems, and they are continually disturbing the
occupants of their apts. They stated they have talked with
numerous people regarding this problem which included talking to
the attorney, PD, Planning Dept, and City Council members. They
stated last time the fraternity had a rush week, they held all
their rush parties at their location, 720 Foothill. They stated
they talked about this with the City and the City stated they
would no longer be holding their parties there w/o a use permit.
BONIN stated last time they announced on their flyer that the
parties would be held at that location and subsequent to that
they complained to the City about it.
They said this time they got ahold of one of the rush bulletins
and it stated that the locations of the last 4 events would be to
be announced. He stated the first event that was marked to be
announced was Sunday, 26th, and that was held at the fraternity,
720 Foothill. They took several photos of that incident, and in
the photos showed rush signs on the lawn and beer signs
throughout the yard. He stated they were extremely loud,
partying and drinking throughout the night and later on the
evening took 2 kegs of beer and climbed over through their
property, leaving.
He stated that last night, Tuesday, 2/28, the event was noted to
be to be announced, was also held at the residence.
All 3 SUB/s stated this is an on-going problem and the fraternity
has found a way to circumvent the City's use permits and is still
having their fraternity rushes and parties at the residence. They
requested that a rpt be written and they strongly request a
Ocomplaint against the fraternity.
1
1
CSAN LUIS OBISPO POLICE DEPARTMENT
CA0400600
CRIME REPORT
89060020
I requested that Of. HUBBARD on night watch attempt to photograph.
any possible rush parties that evening. The reason for this was
they indicated on their flyer that they were intending to have
another one that evening. The following day I talked with Of.
HUBBARD who advised that there was a function happening at the
residence. He advised he observed SUB/s inside the residence and
2 SUB/s standing out front near the front door. He stated the
SUB/s out front were dressed in coat and tie and had some
clipboard and appeared to be checking off names as people
arrived. He stated there was no noise violation; however, he did
take several photographs from me of the event. The film was
retained by myself and submitted to Tech KLASEY for developing.
DISPOSITION•
Active. Submit to .City Attorney for complaint.
PARKINSON, 67867, AF, 3/8/891 1030 hrs
i
2
JUDITH LAUTNER
0.s ate Planner Planning Division Tp Fl /1r er
AV
D "
ll
C
RI. ,
1Gfthi'
alii city of 62n,,
san Luis oBispo ffiucz CAIeF
Community Oevelopment Departm m•(805)549-7166
990 Palm St.•P.O.Box 8100•San Luis Obispo,CA 9340.9.8100
City of San Luis Obispo RcCEIVct7
Planning Department
990 Palm St. OCT a 1988
San Luis Obispo.Ca 93401
u.1twWc
Co^'ortr
Dear Planning Staff.
This lener is concerning Alpha Upsilon Fraternity's recent purchase of the property
located at 720 and 726 Foothill Boulevard. It has been our full intention from the start to
obtain muse permit to function at this property. This was also was a major factor in our
decision to purchase the properly. We feel this location is ideal for a fraternity use due to its
zoning(R-4),proximity to Cal-Poly,and its relationship to surrounding properties.
We have bees actively working towards submitting a use permit application and
recently met with City Planning Director.Mike Multari.to discuss our possible options. Our
housing committee is currently consulting with architects on the development plans for this
parcel. In this process we hope to mitigate neighborhood concerns such as noise and parking.
There recently has been a great deal of concern over publications announcing rush
functions at this address. These flyers were printed before we realised all the problems with
holding fraternity functions at this location. This problem.has been corrected.and we fully
intend to hold no functions at this address.
We are confident that we can work with the neighborhood and the city to reach a
positive solution fora fraternity use of the property. We will inform you of the progress on
our application.and weencourage you to call us with any concerti you may have.
Sincerely.
G
Scott Moran
Vice-President
Alph Upsilon Fraternity
r
James Hendrickson
Housing Chairman
Alpha Upsilon Fraternity
i t
Gln r c 71-7r
t4si fri, j. !dVjr L w. r F
ZA p pt-t tT t?n t
UpGrS n.:'e=tIC a t i r cl the nr-j sE 1 i ound two me.r.,
process of. fwDvinj 5eE-r k ea over the apartment
fence. I aSl:led `171efll whtaL the wered.--.i-ng and they -aj d that
they wers '-Ip!-la pi and h-ad to take the ker's.
one PrCdLt:-G-d hi S P. e:lcjg,c: 1 z-xplained to therr, tt-.at
they Uiej.r terl-.1ty pralli.-:s on OLl.r pro,pert.,, ,
h a t i ,4 1 tenant=:nd that 'hev werea
r e s p a s=-I n C; T er: Asked tlhu.-m to re move the kegs From our
r cipert•,.-. r-p , Led could not: thev were
Cl Q L' 1-1 C:
w-ith their F.ot
and
cz,.
arried the kegs across
std n-Ut tc the stree-.
P ar-.4el
1
O
m C Cl-
c) oZ o 0 0QO6Nr-- 00 00
J co y
Au
cacc
1
m
cz czUUUW ,' p
I i _0
T
co
U '' N
M
LU
LU
LJL
LL
w
C4
o o z a
z
Cf) o
LU
H Cl) F- UL
r, .
Budde udKeiser
J,
10
13
e
1
3
17.02.010-17.02.050
Division I. Zoning Code B. Zone District Boundaries.
1. Boundaries between zoning districts gen-
erally follow lot lines or their extensions, phys-
Chapter 17.02 ical features, or contour lines, as noted on the
official zoning map. Boundaries adjoining
GENERAL PROVISIONS streets shall be assumed to follow the centerlines
of streets if such location becomes an issue in the
Sections: use of private property,as when a street is aban-
17.02.010 Title. doned. Zones which meet a street centerline
17.02.020 Purpose. shall not be considered "adjacent."
17.02.030 General requirement. 2. The location of boundaries which are not
17.02.040 Interpretation. readily determined by inspection of the official
17.02.050 General plan consistency—zone map shall be determined by the director.
Regulations interpretation and C. Conflict with Public Provisions. These
application. regulations are not intended to interfere with or
annul any other law or regulation. Where these
17.02.010 Title. regulations impose a restriction different from
This division shall be known and cited as the any other law or regulation,the more restrictive
zoning regulations of the city." (Ord. 941 § I shall apply.
part), 1982: prior code § 9201.1) D. Conflict with Private Provisions. These
regulations are not intended to interfere with or
17.02.020 Purpose. annul any easement, covenant, or other agree-
These regulations are intended to guide the ment between private parties. Where these reg-
development of the city in an orderly manner, ulations impose a restriction different from a
based on the adopted general plan, to protect private agreement, the provisions which are
and enhance the quality of the natural and built more restrictive or which impose higher stand-
environment,and to promote the public health, rds shall control.(Ord.941§ I(part), 1982:prior
safety and general welfare by regulating the use code§ 9204.5)
of land and buildings and the location and basic
form of structures. (Ord. 941 § 1 (part), 1982: 17.02.050 General plan consistency—
prior code§ 9201.2) Regulations interpretation and
application.
17.02.030 General requirement. The regulations codified in this title shall be
Land or buildings may be used and structures i nterpreted and applied in a.manner consistent
may be erected or altered only in accordance with the general plan.(Ord.941 § I (part), 1982:
with these regulations.(Ord.941§ I (part), 1982: prior code § 9204.1)
prior code§ 9201.5)
17.02.040 Interpretation.
A. Ambiguity. The director shall interpret
these regulations, subject to the appeal pro-
cedures of Chapter 17.66. Written requests for
interpretation shall be responded to in writing
within ten days and shall become part of the
permanent files of the community development
Jdepartment.
425 s Luis Obispo 7.94)
iu 4 I!Iiil lll hllul'li!!I 'I Cit sAn Luis oBispoy
6
990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403.8100
805) 549-7140
March 28, 1989
Scott Morar,
Vice President
Alpha upsilon Fraternity
720 Foothill Blvd.
San Luis Obispo, CA 93401
Re: Violation of Municipal Code §§. 17.02.030 and 17.02.010
Gentlemen:
This is to advise you that a compinint has been filed against the
Alpha upsilon Fraternity in the San Luis Obispo Municipal Court, Criminal
Division, for violation of the above-.referenced code sections. Your
arraignment has been scheduled for Wednesday, April 26. 1989, at 9:00 a.m.
in the Municipal Court. Division A. at 1050 Monterey Street. San Luis
Obispo. Please plan to have a representitive of Alpha Upsilon present at
that time.
Please cal1 if you have any. questions .
Very truly yours .
Vicki J. rucane
Acting City Attorney
VJF:sw
Enclosure.
cc: Municipal Court-Criminal Division
F-1 :arraign]
IIE, THE UNDERSIGNED REQUEST THAT - THE USE PER24IT FOR THEOALPHAUPSILONFRATERNITYBEDENIEDAT720 & 726 FOOTHILL BLVD.
AS RESIDENTS IN THE IMMEDIATELY AFFECTED AREA, idE ARE CONCERNED
THAT THE COMMISSION WILL GRANT THE USE PERI4IT WITHOUT FULL
CONSIDERATION AND AWARENESS OF THE POTENTIAL PROBLEMS OF
LOCATING THIS FRATERNITY IN AN ALREADY ESTABLISHED NEIGHBORHOOD.
WE ARE REQUESTING THE CITY TO CONTACT US INDIVIDUALLY OR WIT
A REPRESENTATIVE FROM THE FRATERNITY PRESENT TO DISCUSS OUR CONCERN;
ALSO, 1,1E NEIGHBORS WOULD LIKE TO SEE THE FRATERNITY' S NEIGHBOR .
PLAN OR POLICY BEFORE THE USE IS GRANTED IF THE CITY COUNCIL AND THI
PLANNING COMMISSION GO AHEAD' WITH THE GRANTING. OF THE USE PERMIT.
WE ARE REQUESTING THE CITY COUNCIL AND THE PLANNING COMMISSIi
TO REQUIRE SOUND PROOFING OR SOME SORT OF SOUND BARRIERS ALONG THE
ADJACENT PROPERTY LINES TO KEEP THE NOISE FROM BOUNCING OFF THE
STUCCO WALLS- OF THE SURROUNDING APARTMENT HOUSES.
WE ARE REQUESTING THE PLANNING COMMISSION CONDUCT A STUDY OF
TRAFFIC FLOW SINCE CURRENTLY THE STREET AREA IN FRONT OF THIS SITEISAREDZONE.
C WE ARE REQUESTING THE CITY COUNCIL AND THE PLANNING COMMISSIC
LIMIT THE NUMBER OF INVITED GUESTS; LIMIT THE HOURS OF SOCIAL
FUNCTIONS SO AS TO NOT GO PAST 8P.M. ; RESTRICT THE SITE TO ONE SOCIAEVENTPERMONTH; REQUEST THE FRATERNITY TO PROVIDE THE CITY COUNCIL
AND THE PLANNING COMMISSION WITH ITS DETAILED POLICY OF HOW IT
INTENDS TO RESOLVE CONFLICTS WITH THE NEIGHBORS, HOW IT WILL
POLICE ITS SOCIAL EVENTS SO ONLY INVITED GUEST ATTEND; HOW IT
INTENDS TO KEEP THE NEIGHBORHOOD FREE OF LITTER AFTER THE PARTIES;
AND HOW IT INTENDS TO KEEP UNDERAGE PERSONS FROM OBTAINING LIQUOR
OR ALCOHOL AT ITS SOCIAL EVENTS.
WE BELItVE THESE ISSUES REMAIN AND HAVE NOT BEEN FULLY
ADDRESS BY THE APPLICANT OR ITS REPRESENTATIVES. AS SUCH ldE REQUEST_THE PERMIT BE DENIED.
NAME ADDRESS DATE
777
s-
OlLI-E PR p
140 Fai7-h 1 7
T e,,cl/ll f' 104', 1
NAME ADDRESS
C
DATE
G Sw-..(_ Yu i.c..t...t >" +f#'lZ SC . C-•- O —J d'-
8 -r-gi
f
E•:r;1 1; tz
7 f- SLC 4r
azo
04
r
q
Lc
14y 4(2-
2
Z
1
Ai 140 a, o C 6
706 F,>- ILI
04ol1V40 're ( o
Lo
IYC `ei fini # l SLC/
r I r L i ,
Cj, . lEc I I
WE, THE UNDERSIGNED REQUEST THAT 'THE USE PERMIT FOR THE
C' ALPHA UPSILON FRATERNITY BE DENIED AT 720 & 726 FOOTHILL BLVD.
AS RESIDENTS IN THE IMMEDIATELY AFFECTED AREA, IvT ARE CONCERNED
THAT THE COMMISSION WILL GRANT THE USE PERMIT WITHOUT FULL
CONSIDERATION AND AWARENESS OF THE POTENTIAL PROBLEMS OF
LOCATING THIS FRATERNITY IN AN ALREADY ESTABLISHED NEIGHBORHOOD..
WE ARE REQUESTING THE CITY TO CONTACT US INDIVIDUALLY OR WIT'
A REPRESENTATIVE FROM THE FRATERNITY PRESENT TO DISCUSS OUR CONCERN!
ALSO, WE NEIGHBORS WOULD LIKE TO SEE THE FRATERNITY' S NEIGHBOR
PLAN OR POLICY BEFORE THE USE IS GRANTED IF THE CITY COUNCIL AND THI
PLANNING COMMISSION GO AHEAD' WITH THE GRANTING OF THE USE PERMIT.
WE ARE REQUESTING THE CITY COUNCIL AND THE PLANNING .COMMISSI(
TO REQUIRE SOUND PROOFING OR SOME SORT OF SOUND BARRIERS ALONG THE
ADJACENT PROPERTY LINES TO KEEP THE NOISE FROM BOUNCING OFF THE
STUCCO WALLS OF THE SURROUNDING APARTMENT HOUSES.
WE ARE REQUESTING THE PLANNING COMMISSION CONDUCT A STUDY OF
TRAFFIC FLOW SINCE CURRENTLY THE STREET AREA IN FRONT OF THIS SITE
IS A RED ZONE.
WE ARE REQUESTING THE CITY COUNCIL AND THE PLAN14ING COMMISSIC
LIMIT THE NUMBER OF INVITED GUESTS ; LIMIT THE HOURS OF SOCIAL
FUNCTIONS SO AS TO NOT GO PAST 8P ,M. ; RESTRICT THE SITE TO ONE SOCIA
EVENT PER MONTH; REQUEST THE FRATERNITY TO PROVIDE THE CITY COUNCIL
AND THE PLANNING COMMISSION WITH ITS DETAILED POLICY OF HOW IT
INTENDS TO RESOLVE CONFLICTS WITH THE NEIGHBORS, HOW IT WILL
POLICE ITS SOCIAL EVENTS SO ONLY INVITED GUEST ATTEND ; HOW IT
INTENDS TO KEEP THE NEIGHBORHOOD FREE OF LITTER AFTER THE PARTIES;
AND HOW IT INTENDS TO KEEP UNDERAGE PERSONS FROM OBTAINING LIQUOR
OR ALCOHOL AT ITS SOCIAL EVENTS.
WE BELItVE THESE ISSUES REMAIN AND HAVE NOT BEEN FULLY
ADDRESS BY THE APPLICANT OR ITS REPRESENTATIVES. AS SUCH WE REQUEST
THE PERMIT BE DENIED.
NAP4E ADDRESS DATE
eic
j'
Ir
S i
r
moi----
NAME ADDRESS DATE
G
C
OWE, THE UNDERSIGNED REQUEST THAT -THE USE PERMIT FOR THE
ALPHA UPSILON 'FRATERNITY BE DENIED AT 720 & 726 FOOTHILL BLVD.
AS RESIDENTS IN THE IMMEDIATELY AFFECTED AREA, 11E ARE CONCERNED
THAT THE COMMISSION WILL GRAIJT THE USE PER24IT WITHOUT FULL
CONSIDERATION AND AWARENESS OF THE POTENTIAL PROBLEMS OF
LOCATING THIS FRATERNITY IN AN ALREADY ESTABLISHED NEIGHBORHOOD.
WE ARE REQUESTING THE CITY TO CONTACT US INDIVIDUALLY OR WI]
A REPRESENTATIVE FROM THE FRATERNITY PRESENT TO DISCUSS OUR CONCERN
ALSO, WE NEIGHBORS WOULD LIKE TO SEE THE FRATERNITY ' S NEIGHBOR .
PLAN OR POLICY BEFORE THE USE IS GRANTED IF THE CITY COUIICIL AND TE
PLANNING COMMISSION GO AHEAD' WITH THE GRANTING OF THE USE PL•RMIT.
WE ARE REQUESTING THE CITY COUNCIL AND THE PLANNING .COMMISS]
TO REQUIRE SOUND PROOFING OR SOME SORT OF SOUND BARRIERS ALONG THE
ADJACENT PROPERTY LINES TO KEEP THE NOISE FROM BOUNCING OFF THE
STUCCO WALLS- OF THE SURROUNDING APARTMENT HOUSES.
WE ARE REQUESTING THE PLANNING COMMISSION CONDUCT A STUDY OF
TRAFFIC FLOW SINCE CURRENTLY THE STREET AREA IN FRONT OF THIS SITE
IS A RED ZONE.
WE ARE REQUESTING THE CITY COUNCIL AND THE PLANNING COMMISSI
LIMIT THE NUMBER OF INVITED GUESTS ; LIMIT THE HOURS OF SOCIAL
FUNCTIONS SO AS TO NOT GO PAST 8P .M. ; RESTRICT THE SITE TO ONE SOCI:
EVENT PER MONTH; REQUEST THE FRATERNITY TO PROVIDE THE CITY COUNCII
AND THE PLANNING COMMISSION WITH ITS DETAILED POLICY OF HOW IT
INTENDS TO RESOLVE CONFLICTS WITH THE NEIGHBORS, HOW IT WILL
POLICE ITS SOCIAL EVENTS SO ONLY INVITED GUEST ATTEND; HOW IT'
INTENDS TO KEEP THE NEIGHBORHOOD FREE OF LITTER AFTER THE PARTIES;
AND HOW IT INTENDS TO KEEP UNDERAGE PERSONS FROM OBTAINING LIQUOR
OR ALCOHOL AT ITS SOCIAL EVENTS.
WE BELIEVE THESE ISSUES REMAIN AND HAVE NOT BEEN FULLY
ADDRESS BY THE APPLICANT OR ITS REPRESENTATIVES. AS SUCH WE REQUEST
THE PERMIT BE DENIED.
NAME ADDRESS DATE
7-8
rlAz y
y
42
C
IAI
I I
NAME ADDRESS DATE
C j
i
L'Il z ti r, c l 7- y
i
V`t
r • if
C
f
y
4
T 1lotif l
ice
i •` ICt
i
BU/L DING IY BU/L PIN
v
O
CAS
a
V
o
J\ V
so'Q
V Y
rh
ti
2
N
P
jTV 1
I
R V\
m lr
s
0
Y
v I
N
N y
A
v V t
J
ASPNALT
75'
i
ait F A
z+4
v
z+a --
r
FOO 7// / Z- L BL VO.
N B'1'55'E --_
r
r
O
O
a
oZ z
r
3
c o
r QZ
g
F
r
0
z
V '
O
O
r
l
ffcp
P w
i
r
I
P
I _ ----- D'--...--- --- Tom•
tit
r
1-
fIN
1
rn
JH
Y t 1 WEHNO,/,&TION cF THE It NCS cr PRELIMINARY rFF1rFErAE4aJcu c l
Pt-PHr UP51Lak1 Pr'•Ct117 EGT
rout r 0fA={ ..i.. uc 4-C,11.40,1
4 '" oto FaV7WILIr'jLvr7
NOT FOR CONSTRUCTION rxou!2-T fL--1 CPJ i-
q 1
5 w e ar3lEf' G>uFcp rJla a 1 JOE cr 9612N1
fit' 74-r .>._v__.. .\.-
0
1
t
q Fill
y
r
a
Y/IY.•
di 9
1
0 1
1 L
l
trn
a
i
r .c
fL
a
1
t
t •
it
s
rAEWQCV T1 0 THE PLi-fl;rJfQC4 of NRELIP AINARY PFEPr c T eo j;
1 a 1
uu¢ r-ervwoq f• 1at14'!s1 \ 1
s 1Cr fOR CONSTRU:T(0X20cCjHILL ' .. N 3 1 F
O
Y co, IsI 1• ; )..4.x :••1
SN.I LUQ G7N,;5pJ G I.FGF 11I t9) Gse 495u
iu i uiallahlilillll III i N iip I City Of SiAn lolls OBISPO
990 Palm Street/Post Office Box 8100 • San Luis Obispo,CA 93403.8100
APPEAL TO CITY COUNCIL
In accordance with the appeals procedure as authorized by Title I. Chapter
1.20 of the San Luis Obispo Municipal Code, the undersigned hereby appeals
from the decision of TWa uC 4 PL4+1-aj rendered
on AkkbUST cly.tgb9 which decision consisted of the following (i.e.
set forth factual situation and the grounds for submitting this appeal.
Use additional sheets as needed) :
AT%A '; LMti,A(a CCAAW'9ors
fl Tcn.L i I.1C. c P WFE PEZMST .
r,Tacz+lJzy , ir.c _ P,C.S 1 ts `aS ota toccouNos
UAMIL
The undersigned discussed the decision being appealed from with:
on
Appellant:
Name/Title
RECEIVED Representative
AUG 1 8 19814 rte F' TF4 U_ awo
Address
CITY CLERK
5W4 _ 9?67-SAN LUIS 081SP0,CA
Phone
Original for City Clerk
Copy to City Attorney
lend red r: Copy to City Administrative Officer
CopyLto he foil Qwlndepartment(s)
City Clerk