HomeMy WebLinkAbout5/28/2025 Item 4a, Walker, K. (2)
kathie walker <
To:Advisory Bodies
Subject:Re-review of CUP: Delta Chi - 1236 Monte Vista Place
Dear Planning Commissioners,
I've reviewed the agenda published online yesterday for the meeting on Wednesday,
5/28/2025. Since Monday is a holiday and you will not receive correspondence sent over
the weekend until Tuesday, I wanted to send you an email today. I may have some
things to add. If so, I will email the Clerk over the weekend, but I don't want to delay
getting you this information so you have a chance to review it before Wednesday.
Our home is pretty far from 1236 Monte Vista, so we don’t hear its parties. The
exception was last weekend, 5/17/2025. My husband was working night shift (7:30 PM –
8 PM) from Thursday to Sunday and needed to sleep during the day. On Saturday, he
was unable to sleep because of the sound of reverberating bass from loud music in our
neighborhood. I found the party at 1236 Monte Vista and called SLOPD. It’s the only
time I’ve called for a party at this address. There were too many people in the area to
take a video, but I drove onto Cal Poly’s campus and captured the party from about 160
feet away, based on Google Earth. A link to the video is
here: https://vimeo.com/1087220635?share=copy#t=0
SLOMC prohibits any noise disturbance plainly audible 50 feet from the noisemaker, so
this party was a clear violation of the noise ordinance. It was cleared by SLOPD as a
“Negative Violation”.
Delta Chi at 1236 Monte Vista Place has a long history of noise complaints. Looking back
to the beginning of the last academic year (Fall 2023), there have been 12 calls to
SLOPD for noise at 1236 Monte Vista, not including my call on 5/17/2023. Eight resulted
in a citation, although the fraternity successfully appealed a citation on 3/03/2025. The
party on 3/15/2025 was an unruly gathering with 100 people listed on the citation.
1
Party on 3/15/2025: St. Fratty’s Day
SLOPD responded to a call at 1236 Monte Vista for a “huge party” at 4:00 a.m. on
3/15/2025, also known as “St. Fratty’s Day”. SLOPD issued an unruly gathering citation.
Prior to St. Patrick’s Day weekend, Cal Poly prohibited all Greek life organizations from
hosting parties that weekend. If a fraternity held an unsanctioned event, it faced
discipline and possible suspension.
Delta Chi is currently on probation until the end of Spring quarter 2025; therefore,
hosting an unsanctioned party would likely result in the fraternity’s suspension.
Source: https://clubs.calpoly.edu/student-organization-sanction-information
The fraternity did not appeal the citation it received on 3/15/2025.
SLOPD also sent the citation to Cal Poly’s Office of Student Rights and Responsibilities
(OSRR) for possible discipline from the university.
Videos of the party were posted on social media and shared with the OSRR at Cal Poly.
The videos show a crowd of young men and women standing around in the courtyard,
on stairways and balconies at 1236 Monte Vista, dancing, drinking, and conversing early
that morning while it was still dark outside. Someone also posted a TikTok video of her
2
travels from Maui to SLO for St. Fratty's Day, and the first place she went when she got
into town was the party at Delta Chi. There is a banner hanging in the courtyard of the
fraternity that says, "Get Lucky," "St. Frattys ‘25" with a four-leaf clover and the Greek
letters for Delta Chi. A screenshot from one of the videos is below.
Videos are short snippets so I have slowed some down to better see the party and
crowd, and that the party was intentional and not a stampede of 250 people. The first
snippet was when the gal from Maui arrived and the caption says, "hey Delta Chi"; the
second video is two young women and their BORGs at the fraternity; and the third
shows the crowd on stairways, balconies, and the floor of the courtyard. Delta Chi is
clearly hosting a party. Video link is here: https://vimeo.com/1087221996?share=copy#t=0
If a fraternity is suspended, it is no longer in good standing with Cal Poly. This means
the CUP is revoked, according to the SLO Municipal Code.
Cal Poly’s OSRR investigated Delta Chi’s party on 3/15/2025. Jason Mockford is the
Senior Director of Leadership and oversees fraternity operations at Cal Poly. He
3
participated in the OSRR’s investigation on the fraternity’s behalf. According to Mr.
Mockford, the fraternity presented evidence that showed
“about 50 people breaking down their fence, gaining access to their courtyard, while
members who were getting ready for the concert were trying to remove them. They
asked for assistance from law enforcement and had a bit of a false start. When they
opened the gates, 200 more people came into their courtyard…” (Source: Recording of
the Student Community Liaison (SCLC) Committee meeting on 4/17/2025.)
Mr. Mockford reported that Cal Poly found that Delta Chi was “not responsible” for
hosting a party that morning.
In presenting its case, Delta Chi did not own up to the fact that they had, indeed, hosted
a party on 3/15/2025. They had a banner hanging in the courtyard for “St. Frattys ‘25”.
Videos show a crowd of people calmly standing in the courtyard, drinking, dancing, and
conversing. No one is panicked, and no one is storming the courtyard.
The 250 trespassers apparently showed up at the fraternity because the invited guests
at the party posted videos of the party in progress on social media platforms, such as
Snapchat. The trespassers entered the courtyard, in addition to the approximately 100
people who were welcome at the party that morning, as shown in various videos posted
online.
The 250 uninvited guests would not have gone to the fraternity, except that invited
guests posted videos on social media showing the party at 1236 Monte Vista. The news
of the party spread and led to 50 people breaking down a fence and 200 more accessing
the property through the gates.
Although Cal Poly did not find Delta Chi responsible for hosting the party on 3/15/2025,
Delta Chi DID host a party that morning.
It is telling that Delta Chi did not appeal SLOPD’s citation, especially considering that
Delta Chi successfully appealed a citation issued two weeks earlier, on 3/3/2025. During
St. Fratty’s Day 2024, SLOPD voluntarily dismissed citations that were issued to
properties overrun with trespassers, who were not responsible for hosting an event that
led to the invasion. SLOPD did not dismiss Delta Chi’s citation on 3/15/2025, and the
fraternity did not appeal the citation because the fraternity hosted a St. Fratty’s Day
party in the early morning.
Noise Citations Since the Fraternity Was Notified of the CUP Review
The Staff Report says that a Notice of Violation was sent to the property owner on March
19, 2025, which cited ongoing violations of the CUP and outlined the terms of the
fraternity’s CUP. I have attached the existing CUP for 1236 Monte Vista to this email.
Some conditions noted were:
The maximum number of persons allowed on the site for routine meetings and
gatherings is 53.
4
No meetings, parties, or other types of similar activities involving persons other
than residents are allowed between the hours of 10 PM and 9 AM, except as
approved by the Community Development Director.
Events, including meetings or parties, on site, shall be limited to those listed on a
meeting and activities schedule, submitted to and approved by the Community
Development Director in the fall of each year.
The Notice of Violation stated in bold font, “Immediate compliance is required.”
Approximately one month later, on 4/18/2025, SLOPD issued a citation for a noisy
party at 1236 Monte Vista. The citation listed 50 people. SLOPD does not count
people at an event. Instead, they usually ask the party host how many people are at
the gathering. The number of people listed on the citation was self-reported by the
person who received the citation, Jack Werle. It also likely does not include every
person on the property that night, including those in their apartments.
On 5/17/2025, Delta Chi held another party with blaring music and a large inflatable
waterslide at 1236 Monte Vista. The reverberation of the bass from the music could be
heard from our house, several blocks away. It was not cited as a noise violation,
although it was an obvious violation.
Despite the Notice of Violation sent to the property owner on 3/19/2025 and subsequent
noise citation on 4/18/2025, Delta Chi hosted another party on 5/17/2025.
It does not seem that the fraternity members feel any sense of responsibility for the
impact of noise on their neighbors or that they are breaking the law by holding these
noisy events. On 5/17/2025, my husband was unable to sleep between his long work
shifts. He has a safety-sensitive job that requires adequate rest. He is not legally
allowed to report to work if he is not rested because it would potentially put others' lives
at risk.
The fraternity was not held accountable by Cal Poly for hosting an unsanctioned event
and continued to violate the conditions of its CUP with the City of San Luis Obispo.
Based on the ongoing noisy parties, which constitute a public nuisance according to the
SLO Municipal Code, and the failure of the fraternity to recognize its responsibility
according to the conditions of its CUP, I respectfully request that Delta Chi’s CUP for
1236 Monte Vista be revoked.
5
Fraternities that are not able or willing to comply with the terms of their CUPs should not
be allowed to operate in residential neighborhoods. Cal Poly should provide housing on
campus for its fraternities. Continuing to allow neighborhoods to be abused does not
help solve the problem. It is time for Cal Poly to step forward and take responsibility for
its fraternities. Meanwhile, the City should hold permitted fraternities responsible for the
terms of their CUPs, and hold unpermitted fraternities responsible for operating illegally.
If the Planning Commission chooses to approve the CUP, please consider the following
modifications to the conditions:
1) Condition 2. Eliminate section (b) to read: The CUP shall be reviewed by the
PC as soon as practical if conduct on the permitted premises results in three (3)
citations within any 12-month period for violation of law or permit condition that
(a) are not contested or are upheld on appeal, and (b) the conduct for which the
citations were issued resulted in adverse impacts to, or complaints from, residents
or occupants of the surrounding neighborhood.
Three (3) violations of the permit condition or citations should be an automatic trigger
for re-review, without any further qualifiers.
2) Add a condition that allows Community Development to re-review upon a
written complaint.
When Lambda Chi Alpha’s CUP was appealed by Residents for Quality Neighborhoods
(RQN) on 10/15/2024, RQN asked for a condition that lists a specific threshold of
citations issued to the fraternity, which would automatically trigger a re-review. The
reason for this request was that the CUP had never been reviewed, despite many noise
complaints to SLOPD and citations issued to the fraternity. The existing condition in the
CUP said the CUP would be reviewed if a written complaint was received from a person,
the SLO Police Department, or the SLO Fire Department; however, no one ever made a
written complaint. Therefore, RQN asked for a pre-determined number of citations that
would automatically trigger a review without the need for a written complaint.
It was not RQN’s intent to eliminate the condition that a re-review would occur if
someone made a written complaint. That condition is actually an important tool for
accountability and should be added to the CUP.
3) Condition 14. Add the following sentence to Condition 14: “A noise violation
is considered a public nuisance according to the San Luis Obispo Municipal Code.”
This clarifies and strengthens Condition 14, which says the CUP may be revoked for
conduct “so as to constitute a public nuisance”. At the Planning Commission hearing on
11/13/2025 for the re-review of Alpha Epsilon Pi’s CUP, there were questions and
discussion about the definition of a public nuisance. The SLOMC makes clear that a noise
violation is a public nuisance, therefore, it would be helpful to include this clarification
within the condition.
6
When the Planning Commission re-reviewed Alpha Epsilon Pi’s CUP on 11/13/2024, it
adopted similar conditions for the CUP at 280 California, although AEPi’s property has a
maximum occupancy of 25 people.
Last month, SLOPD responded to a noisy party at AEPi's fraternity at 280 California Blvd
and issued a noise citation for a noisy party with 150 people. Shortly after, AEPi was
issued another noise citation for a noisy party with 100 people at 280 California Blvd.
You may recall that at the re-review hearing on 11/15/2025, Staff was asked whether a
noise violation is a public nuisance. Tyler Corey responded that it is. Mr. Corey also said
that a condition of the CUP that is identical to Condition 14 in Delta Chi’s proposed CUP
allows the City to re-review AEPi’s CUP if there is a noise citation.
Staff was also asked if the fraternity could be placed on probation for a year, and Mr.
Corey said that the CUP acts as a probation, so listing a formal probation was not
necessary as a condition.
At the re-review hearing in November, AEPi was issued a stern warning that it would be
back at the Planning Commission if it received another violation. So far, AEPi is not
scheduled to have its CUP re-reviewed.
For these reasons, it is important to provide clarity, including for Condition 14.
If you have any questions or would like to discuss further, please feel free to email me.
Thank you,
Kathie Walker
7