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HomeMy WebLinkAbout5/28/2025 Item PC, Walker, K. (3) kathie walker < To:Advisory Bodies Subject:Please put the fraternity land use problem in SLO on your Agenda Attachments:Cal Poly Fraternity Addresses _Updated Spring 2025.docx Dear Chair Houghton, Vice Chair Tolle, and Planning Commissioners, There is an enormous land use problem that has ruined the quality of life in neighborhoods near Cal Poly, and it is spreading to other neighborhoods in the northern part of the City. So far, the City has not dealt with the issue even though they know it is happening. At a City Council meeting last week (5/20/2025), my husband and I spoke during public comment and asked that the Council agendaize this issue so that we can talk about it publicly and start to look towards a solution. The City Manager said that they are not planning to address it until after June 2026, more than a year from now. Then, the City will discuss code enforcement overall, with one part being fraternity parties and neighborhood wellness. A clip of the City Manager's statement is here: https://www.youtube.com/clip/UgkxG4hF5- 3poxKbpRVk8axyumjeAUMAjnmY During that same meeting, Councilmember Jan Marx asked for a study session to close the golf course and build affordable housing on the land. This brand-new and unexpected idea was supported by the City Manager, and a study session for repurposing the golf course was placed on the City Council's agenda for 10/21/2025. There are also two study sessions on the Council's agenda related to "neighborhood livability" before the end of the year: One to discuss Renter Protections in October 2025 and another for a Rental Housing Registry on 12/2/2025. Nothing is on the Agenda Forecast related to illegal fraternity operations, even though that issue was specifically mentioned when "neighborhood livability" was adopted as a major city goal in FY 25-27. I have been trying to get the problem addressed since 2022, and it has become worse each year. We cannot continue to live without sleep or peace nearly every weekend that Cal Poly is in session. I cannot imagine going through this hell for another academic year, August 2025 - June 2026. The situation has already created a mass exodus of residents from our neighborhoods. When the long-term residents move out, their properties are often leased to fraternities. The fraternity members rent a house, plant a flag, hold fraternity-related events, and the property becomes a full-fledged fraternity house. There are multiple illegal fraternity houses on every block of our neighborhood! The main chapter houses for most fraternities are in our neighborhood. I have attached a list of the addresses. The Tribune Editorial Board published an Editorial about the matter on 1/21/2025, but neither the City nor Cal Poly has taken action to solve the problem. A link to the article is here: https://archive.is/6Ipcg Therefore, I (and many of my neighbors) ask that you, the Planning Commission, place the matter on your agenda to address the illegal land use of fraternity operations, the problems created by that illegal land 1 use, and the possible solutions to bring land use into compliance. Perhaps you can request a study session or an open forum where the issue can be addressed by the City, Cal Poly, and the public. Otherwise, if that's too much to ask, you could request that Community Development present the situation, including the properties identified by Community Development as illegal fraternity operations, the Notices sent out to the property owners, the current status of those cases, and the plan to deal with these land use violations in the long term. Here are the issues that we are most concerned about:  Illegal fraternity operations in the R1 and R2 neighborhoods in San Luis Obispo. There are over 50 documented illegal fraternity houses that host fraternity events, when it is illegal to do so. The number increases every fall when Cal Poly's academic year begins.  Code Enforcement is not available to respond to code cases, even when they are reported beforehand, because Code Enforcement staff do not work weekends. Most events happen on weekends. It also takes several days for the City to process code cases reported through the AskSLO app.  Code Enforcement is not communicating with SLOPD, so law enforcement does not know the location of the illegal fraternity properties in the neighborhoods. Dispatch is often sending SNAP student officers, and they can't issue citations.  Cal Poly is not taking responsibility for its fraternity operations.  Code Enforcement is using the wrong legal standard to cite events - using 'beyond a reasonable doubt' instead of 'preponderance of the evidence' - which has resulted in most code cases being dismissed as "unable to verify". The legal standard for these code cases is the lower standard of a 'preponderance of the evidence,' which means it is more likely than not. The lack of training and knowledge of Code Enforcement has resulted in a continued lack of accountability for Greek life at Cal Poly and the continued demise of our neighborhood. I recently resubmitted a case to Code Enforcement for the main chapter house for Kappa Sigma at 281 Hathway (R1), but the code enforcement officer would not open a case. I reported to Code Enforcement on Friday, May 9, for an event on Saturday, May 10, and my request was closed on May 13 as "unable to verify" even though the fraternity held an event on May 10. The fraternity subsequently posted photos of the event at 281 Hathway on Instagram on May 13, and I sent those to Code Enforcement, asked the case be reopened, but he declined. The Community Development Director acknowledged that the Code Enforcement officer does not understand the standard of proof he is supposed to use to open a code enforcement case. This Code Enforcement officer has been working on the fraternity issue since 2023! I don't understand how the officer was not properly trained, and has been dismissing legitimate cases throughout that time. Code Enforcement also lost about 20 Notices sent to property owners for illegal fraternity operations. I only discovered this when I requested public records for the Notices, and the Clerk responded that many of the letters were lost by the Community Development Department. They provided a spreadsheet of the addresses where Notices were sent, which allowed me to cross-reference the Notices they provided to determine those that were missing. Regarding my request to open the case for the illegal fraternity at 281 Hathway, screenshots of the emails from the Code Enforcement Officer and Director Tway are below: 2 Illegal fraternity operations in our neighborhood have caused a mass exodus of long-term residents. People have moved away because of the noise. For many years, residents thought the problem was caused by college students having parties, until we realized in 2022 that the parties weren't standard college parties - they were fraternity parties, which are much larger and more disruptive. They often include DJs with blaring music. In Fall and Spring, when it's warmer, the fraternities rent large, inflatable water slides for these events with hundreds of people in backyards in the neighborhood. In June 2022, New Times published an article, "Nuisance on the Block," about a family dealing with a noisy neighbor next door to them on Hope Street. It was an illegal fraternity. That family later sold their home and moved to a nearby city. An investor bought their property and rented it to a fraternity that held fraternity-related events there! Many families have left the neighborhood in the past few years because of the increase in noise caused by illegal fraternity operations. There was an exponential increase in noise in the Fall of 2021, and the problem was discussed among members of our neighborhood association via a group email. People said fraternities had moved in nearby, and they were not able to sleep, could not open their windows, and had to run fans to try to drown out the noise. Officers routinely cleared noise complaints called into SLOPD for parties as negative violations. I began taking videos in Fall 2021 and sending them to leadership at SLOPD. They recognized the problem, said the videos clearly showed a noise violation, and said they would educate the officers. The problem did not get better. In 2022, more fraternities moved into our neighborhood. I spoke about the issue with Code Enforcement and the City Manager, Derek Johnson. That's when I learned that it is illegal for fraternities to hold fraternity-related events in R-1 and R-2 neighborhoods, and they must have a Conditional Use Permit to operate in R-3 and R-4 neighborhoods. I started gathering documentation of 3 the illegal fraternity operations and gave a huge amount of documentation to the new Community Development Director and Code Enforcement Supervisor during a meeting in November 2023. St. Fratty's Day is a good analogy of what has happened in our neighborhood. The event was a few hundred people in 2021, but grew to 2,000 people in 2022; then grew to 3,000-4,000 people in 2023; then grew to 7,000 people in 2024. The City's approach to handling the illegal takeover of our neighborhood was to contain it rather than to prevent it from happening. City leaders claimed they didn't have the money or resources to shut down the street party. In 2024, a complaint was sent to the Grand Jury, and the problem was investigated. This spurred the City to take more aggressive action, which prevented the block party in 2025. (The investigation is over. The report should be released soon.) The point is that it should not take an investigation by the Grand Jury to get a problem solved! And the "fraternity problem" will continue to get worse, as it has since 2021, unless and until it is brought into the public light and solutions are discussed. It is not going to solve itself. Please place the matter on a future agenda so that we can have a public discussion about it. Some of you have asked questions about the issue during previous Planning Commission hearings, and Tyler Corey has responded that it cannot be discussed because it is not on the agenda. The solution is for you to ask that it be agendaized. We need to be able to talk about it publicly and formulate plans to solve it. Thank you, Kathie Walker 4 1 Total Number of Fraternities at Cal Poly: 19 – Cal Poly continues to recruit new fraternity chapters to its campus without any provisions for the location of the fraternity houses. The main chapter houses for the most recently recruited fraternity chapters are illegally located in rental houses in R-1/R-2 neighborhoods. Fraternities with Valid Conditional Use Permits: 6* Fraternity Address Year Established at Cal Poly 1. Alpha Epsilon Pi 280 California Blvd 1969 2. Delta Chi 1236 Monte Vista 1989 (On probation 10/25/2024) 3. Delta Upsilon 720 E. Foothill Blvd 1989 4. Lambda Chi Alpha 1264 E. Foothill Blvd 1978 5. Phi Kappa Psi 1335 E. Foothill Blvd 1966 6. Sigma Nu 1304 E. Foothill Blvd 1985 *Sigma Nu has two CUPs, so there is a total of 7 CUPs for fraternity operations in SLO. Fraternity Operations Identified in the City of SLO: 85 Fraternity Properties Operating Legally with Use Permit: 7 Illegal Operations at Houses in R1 / R-2 neighborhoods: 67 Illegal Operations at Houses in other zones: 11 Fraternities with Main Chapter House in R-1/R-2 neighborhoods: Fraternity Address Year Established at Cal Poly (Cal Poly continues to recruit new chapters 1) 7. Alpha Sigma Phi 1218/1220 Bond Street 2018 8. Delta Sigma Phi 1684/1688 Mill Street re-established 2023 9. Kappa Sigma 281 Hathway Avenue 2014 10. Phi Delta Theta 260 Chaplin Lane 2022 11. Phi Gamma Delta 1229 Fredericks Street 2021 12. Phi Sigma Kappa 348/350 Hathway Avenue 1991 13. Sigma Phi Epsilon 2090 Hays Street 1990 1 After Carson Starkey died of alcohol intoxication at a satellite fraternity house, Cal Poly President, Jeff Armstrong delayed recruitment/rush of freshman men until winter quarter. In May 2013, Dr. Armstrong entered into an agreement with the Interfraternity Council called the Deferred Recruitment Compromise which allowed fraternities to resume recruiting freshman in the fall 2014. The agreement states that Cal Poly will actively recruit new fraternity chapters to its campus. It also requires fraternities to register their parties with Greek Life administration beforehand, listing the specific addresses of each event, which are approved by Cal Poly administration. 2 14. Sigma Pi 1525 Slack Street re-established 2008 15. Theta Chi 1820 Hope Street re-established 2000 Other locations of non-permitted Main Chapter Houses: 16. Pi Kappa Phi operates at 66 Rafael Way (R1) 2018 It also has a main house in the County at former restaurant “This Old House” at 740 W. Foothill Blvd 17. Beta Theta Pi operates main house without a CUP at 1327 E. Foothill Blvd 1986 18. Zeta Beta Tau operates main house without a CUP at 654/658 Graves Ave 2009 19. Alpha Gamma Rho is suspended and will likely re-apply for a CUP in 2025 1975-2023 3 CAL POLY SLO FRATERNITY HOUSES 2 # Fraternity Address Status of Operation Documentation3 Response from the City 1 Alpha Epsilon Pi 280 California Blvd (R4) CUP U1099 (MAIN) AB 524 list + Re-review of CUP 11/13/2024 by PC 2 331 Hathway Ave (R2) AB 524 list + Notice of Violation – illegal frat 3 Alpha Sigma Phi 1218 & 1220 Bond Street (R1) MAIN CHAPTER AB 524 list + Notice of Violation – illegal frat (Still operating 10/24) 4 299 Albert Drive (R1) AB 524 list + Notice of Violation – illegal frat (Still operating 10/24) 5 Beta Theta Pi 1327 E. Foothill Blvd (R4) MAIN CHAPTER AB 524 list + Notice of Violation – illegal frat (Still operating 10/24) 6 1220 Fredericks St (R2) AB 524 list + 7 556 Hathway (R2) AB 524 list Advisory Letter – illegal frat 68 Chorro (R1) AB 524 list + 8 Delta Chi 1236 Monte Vista Place (R4) CUP U106-98 (MAIN) AB 524 list + 1270 Fredericks (R2) (formerly Theta Chi ’22-‘23) Rush events ‘23 - ‘24 9 Delta Sigma Phi 1684 & 1688 Mill St (R2) MAIN CHAPTER Rush Fall ‘24 10 589 Cuesta Dr (R1) Rush Fall ‘24 11 Delta Upsilon 720 E. Foothill Blvd (R4) CUP U36-09 (MAIN) AB 524 list + 12 1700 Fredericks (R1) AB 524 list + Notice of Violation – illegal frat 13 281 Albert (R1) AB 524 list + Advisory Letter – illegal frat (Still operating 10/24) 14 388 Chaplin (R1) AB 524 list + 15 1861 Slack (R1) AB 524 list + 16 1868 Loomis (R1) Rush Fall ‘24 2Main chapter houses for each fraternity are in bold. Houses located in residential zones R-1 and R -2 neighborhoods are highlighted. Properties in other zones are in blue. 3 “AB 524” means the address was listed on Cal Poly Greek Life website, AB 524 Sorority & Fraternity Transparency Act Report, where a ‘sanctioned event’ was held; “+” symbol means that the fraternity advertised the address on social media for rush events and there are photos/documentation of fraternity with their Greek letters at the address. 4 17 Kappa Sigma 281 Hathway (R1) MAIN CHAPTER AB 524 list + Advisory Letter – illegal frat (Still operating 10/24) 18 322 Hathway (R2) AB 524 list + Advisory Letter – illegal frat (Still operating 10/24) 19 108 Crandall Way (R4) AB 524 list Advisory Letter – illegal frat (Still operating 10/24) 20 526 Kentucky (R2) AB 524 list + Advisory Letter – illegal frat 21 1990 McCollum (R1) AB 524 list Advisory Letter – illegal frat 22 311 E. Foothill Blvd (R1) AB 524 list Advisory Letter – illegal frat 23 293 Albert (R1) Social media post+ 24 1861 Hope (R1) AB 524 list Advisory Letter – illegal frat 25 146 Stenner (R4) Social media posts 26 1142 Montalban (T-C) AB 524 list Advisory Letter – illegal frat 27 618 Felton (R1) AB 524 list Advisory Letter – illegal frat 28 Lambda Chi Alpha 1264 Foothill Blvd (R4) CUP 0331-2023 (MAIN) AB 524 list + 1241 Monte Vista (R4) (included in CUP) AB 524 list 1243 Monte Vista (R4) (included in CUP) AB 524 list 1245 Monte Vista (R4) (included in CUP) 1251 Monte Vista (R4) (included in CUP) 29 171 Orange (R1) AB 524 list + Notice of Violation – illegal frat (Still operating 10/24) 30 12 Hathway (R1) AB 524 list + Notice of Violation – illegal frat (Still operating 10/24) 31 253 Albert Drive (R1) New 2023- Rush+ 32 278 Albert Drive (R1) AB 524 list + Notice of Violation – illegal frat (Still operating 10/24) 33 285 Chaplin (R1) Social media post 34 178 Chaplin (R1) AB 524 list 35 220 Kentucky Street 36 Phi Delta Theta 260 Chaplin Ln (R1) MAIN CHAPTER New 2023 – Rush+ 37 470 Grand Ave (R1) Social media post + 38 251 Highland Dr (R1) Rush Event + 39 568 Ellen Way (R2) Rush Event + 40 Phi Gamma Delta 1229 Fredericks St. (R2) MAIN CHAPTER New 2023, Rush+Notice of Violation – illegal frat (Still operating 10/24) 1254 Bond (R1) AB 524 list + Advisory Letter – illegal frat 1256 Bond (R1) AB 524 list + 5 41 Phi Kappa Psi 1335 E. Foothill (R4) CUP 47-10 (MAIN) AB 524 list+ 42 237 Albert Drive (R1) AB 524 list + Advisory Letter – illegal frat 43 2061 Hope St (R-1) New 2023, Rush+ 44 1271 Stafford (R2) New in 2023 + 45 1273 Stafford (R2) New in 2023 + 46 1275 Stafford (R2) New in 2023 + 47 346 Grand (R1) AB 524 list Advisory Letter – illegal frat 48 1740 Fredericks (R1) AB 524 list Advisory Letter – illegal frat 49 1276 Bond (R1) Rush Fall ‘24 50 Phi Sigma Kappa 348 & 350 Hathway (R2) MAIN CHAPTER AB 524 list + 51 1908 Loomis (R1) AB 524 list + 52 Pi Kappa Phi 740 W. Foothill Blvd (R4) COUNTY LOCATION AB 524 list + 53 66 Rafael Way (R1) MAIN CHAPTER IN CITY 2023 Rush Event + 54 447 N. Chorro (R1) 2023 Rush Event + 55 Sigma Nu 1304 Foothill Blvd (R4) CUP U1484 (MAIN) AB 524 list 56 1292 Foothill (R4) CUP U-109 Social media post + 301 Hathway (R2) AB 524 list + Notice of Violation – illegal frat 57 1621 McCollum (R1) AB 524 list Advisory Letter – illegal frat 58 290 Chaplin (R1) Social media post + 59 1841 Slack (R1) (Zeta Beta Tau until 2024) AB 524 list Advisory Letter – illegal frat (Still operating 10/24) 60 1632 Fredericks (R1) Rush Fall ‘24 61 1541 Slack (R1) 62 385 Chaplin (R1) previously Phi Gamma Delta AB 524 list + Advisory Letter – illegal frat 63 Sigma Phi Epsilon 2090 Hays (R-1) (Pi Kappa Phi until 2023) New 2023 Rush+ Notice of Violation – illegal frat (Still operating 10/24) 1725 Santa Barbara AB 524 list Advisory Letter – illegal frat 64 Sigma Pi 1525 Slack (R1) MAIN CHAPTER AB 524 list + Notice of Violation – illegal frat 6 65 124 Stenner (R4) AB 524 list + Notice of Violation – illegal frat (Still operating 10/24) 66 1555 Slack (R1) 67 Theta Chi 1820 Hope (R1) MAIN CHAPTER AB 524 list Notice of Violation – illegal frat (Still operating 10/24) 68 496 Kentucky (R2) New 2023 Rush+Notice of Violation – illegal frat (Still operating 10/24) 69 1350 Stafford (R2)4 New 2023 Rush+Notice of Violation – illegal frat (Still operating 10/24) 70 1238 E. Foothill (R4) AB 524 list Advisory Letter – illegal frat 71 1441 Slack (R1) AB 524 list Notice of Violation – illegal fraternity 72 410 Grand Ave (R1) New in 2023 + 191 Kentucky (R1) AB 524 list Advisory Letter – illegal frat 2149 Santa Ynez (R1) AB 524 list Advisory Letter – illegal frat (Still operating 10/24) 73 1661 McCollum (R1) AB 524 list Advisory Letter – illegal frat 74 248 & 250 Grand (R2) (Sigma Nu until 2024) Rush events+2024 Notice of Violation – illegal frat (Still operating 10/24) 75 1844 McCollum 76 Zeta Beta Tau 654 Graves (R4) MAIN CHAPTER AB 524 list + 77 658 Graves (R4) AB 524 list + Advisory Letter – illegal frat (Still operating 10/24) 78 1928 Garfield (R4) AB 524 list Advisory Letter – illegal frat (Still operating 10/24) 79 244 Albert Drive (R1) AB 524 list + 80 2044 Loomis (R1) AB 524 list Advisory Letter – illegal frat (Still operating 10/24) 81 286 California (R4) Social media post 82 212 Albert Dr (R1) AB 524 list Advisory Letter – illegal frat 83 2044 McCollum (R1) AB 524 list Advisory Letter – illegal frat 84 1646 Fredericks St (R1) Rush Fall ‘24 85 Alpha Gamma Rho 132 California Blvd (R4) USE PERMIT (U 144-97) - CUP Revoked* *Not in good standing with Cal Poly, Suspended until Fall 2025 1130 Olive (CC) AB 524 Advisory Letter – illegal frat 4 Located next to 496 Kentucky, 1350 Stafford is the 2-story building with Greek letters (for Theta Chi) mounted on top level of building as shown in photos in the Cal Poly Fraternity Neighborhood Impact Report given to Community Development on 11/8/2023. 7 Fraternity Recruitment/Rush Events during Fall 2024 were documented at the following addresses. Not all events are listed because Cal Poly & fraternities did not publish the addresses starting this academic year: Friday 10/4/2024: 1684-1688 Mill Street (Delta Sigma Phi) MAIN CHAPTER HOUSE 281 Albert Drive (Delta Upsilon) MAIN SATELLITE HOUSE – Permitted house at 720 E. Foothill 248-250 Grand Ave (Theta Chi) MAIN CHAPTER HOUSE WITH 1844 MCCOLLUM (Shared Yards) 281 Hathway Ave (Kappa Sigma) MAIN CHAPTER HOUSE 348-350 Hathway Ave (Phi Sigma Kappa) MAIN CHAPTER HOUSE 1525 Slack St (Sigma Pi) MAIN CHAPTER HOUSE 2090 Hays (Sigma Epsilon) MAIN CHAPTER HOUSE 1218-1220 Bond St (Alpha Sigma Phi) MAIN CHAPTER HOUSE 1229 Fredericks (Phi Gamma Delta aka FIJI) MAIN CHAPTER HOUSE 654 & 658 Graves (Zeta Beta Tau) MAIN CHAPTER HOUSE Saturday 10/5/2024: 654 & 658 Graves (Zeta Beta Tau) MAIN CHAPTER HOUSE 299 Albert (Alpha Sigma Phi) 12 Hathway (Lambda Chi Alpha) 1841 Slack St (Sigma Nu) 66 Rafael (Pi Kappa Phi) MAIN CHAPTER HOUSE IN THE CITY 1820 Hope (Theta Chi) MAIN CHAPTER HOUSE last year 322 Hathway (Kappa Sigma) 1908 Loomis (Phi Sigma Kappa) 1276 Bond St (Phi Kappa Psi) 589 Cuesta Drive (Delta Sigma Phi) 1555 Slack St (Sigma Pi) Sunday 10/6/2024 237 Albert Dr (Phi Kappa Psi) 124 Stenner (Sigma Pi) 171 Orange (Lambda Chi Alpha) 1646 Fredericks St (Zeta Beta Tau) 1868 Loomis (Delta Upsilon) 260 Chaplin (Phi Delta Theta) MAIN CHAPTER HOUSE 1632 Fredericks (Sigma Nu) 255 Chaplin (Alpha Sigma Phi) 1868 Loomis (Delta Upsilon)