HomeMy WebLinkAbout6/25/2025 Item 4a, Walker, K.
kathie walker <
To:Advisory Bodies
Subject:Planning Commission, 6/25/2025 Item 4a
Dear Chair Houghton and Planning Commissioners,
Thank you for your time and dedication to addressing the complex issues surrounding Cal Poly’s
fraternities. I appreciate your patience with the length of this correspondence. Some historical context is
necessary to fully understand the scope of the situation. I remain hopeful that, through accountability
and collaboration among Cal Poly, the City, Greek Life, and impacted neighborhoods, meaningful
solutions can be achieved.
How We Got Here: Community Development Department's Efforts
There hasn't been oversight or regulation of Cal Poly's fraternities from the City for at least two decades.
Community Development Director, Timmi Tway, and Code Enforcement Supervisor, John Mezzapesa,
recognized the issue and started working on it shortly after Ms. Tway was hired as Community
Development Director in late 2023.
Code Enforcement sorted through the existing CUPs to identify which fraternities have CUPs and the
conditions of each CUP. Code Enforcement proactively reviewed SLOPD's records and flagged the
fraternities with flagrant violations of the conditions of their CUPs. Director Tway and John
Mezzapesa deserve credit for beginning to tackle the problem that was historically ignored. That
proactive approach has brought several fraternities forward for re-review of their CUPs to the Planning
Commission.
Most fraternity houses, including main chapter houses, are operating illegally in single-family
neighborhoods, which helps illustrate the enormity of the problem that must be addressed. On
October 1, 2023, the addresses of Cal Poly's operating fraternity houses were confirmed by Cal Poly's
annual AB 524 Report, published online. That was the first year that State law mandated annual reports
for Greek life at every college and university in California. The report requires each Greek organization to
disclose the dates and locations of every event held during the previous academic year. San Luis Obispo
Code Enforcement staff utilized the spreadsheets for Cal Poly's 18 fraternities to confirm over 60 illegal
fraternity house locations, mostly in single-family neighborhoods, and sent notifications to the property
owners beginning in March 2024.
Some property owners contacted Cal Poly and/or the City about the notifications of illegal fraternity
operations at their investment properties. This backlash led to Cal Poly editing the Reports in July 2024.
They erased the addresses of every fraternity event and replaced them with "San Luis Obispo". Cal Poly's
subsequent AB 524 Report, published on October 1, 2024, did not include the addresses for the fraternity
events held in residential neighborhoods and listed "San Luis Obispo" as the locations.
Code Enforcement sent a public records request to Cal Poly, asking for the addresses where registered
fraternity events were held in San Luis Obispo, but Cal Poly refused to provide the list of addresses to the
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City. Therefore, it has been nearly impossible to cite the dozens of illegal fraternity operations in the
City's neighborhoods that hold hundreds of parties and events during an academic year. In January 2025,
the City Attorney indicated the City is working toward a long-term solution.
SLOPD Noise Records for 720 E. Foothill Blvd
The Community Development Department has recommended a re-review of Delta Upsilon's Conditional
Use Permit at 720 E. Foothill Blvd based on the number of violations of the conditions, including noise
complaints to SLOPD, citations issued to the property, and events held by the fraternity that exceed the
maximum 21 people allowed for any event or gatheirng in the current CUP. SLOPD's history for 720 E.
Foothill Blvd for the past three academic years is below:
There aren't complaints after the first week of June, or in July and August, when Cal Poly is not in session.
Screenshots of each of the recent calls to SLOPD, after January 29, 2025, are included in this email.
Notification from Code Enforcement to Delta Upsilon
On January 29, 2025, Delta Upsilon was issued a Notice of Violation for the property at 720 E. Foothill
Blvd. The Notice included some of the conditions of the fraternity's CUP and the history of violations, and
says the use permit would be reviewed by Community Development for possible re-review by the
Planning Commission. The Notice states:
"Immediate compliance is required. These violations constitute a public nuisance and must be
abated."
After January 29, 720 E. Foothill Blvd had six more noise complaints, and three noise citations were
issued to the property. One noise citation was appealed and dismissed because the Hearing Officer
determined the noise was not "plainly audible noise 50 feet from the property line".
This is the second time this month I have seen the Hearing Officer dismiss a fraternity's noise citation
based on a misunderstanding of the City's noise ordinance.
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The noise ordinance prohibits any "noise disturbance" that is plainly audible "50 feet from the
noisemaker", and not the property line. As an example, if someone is causing a noise disturbance in their
backyard, and their backyard is 50 feet from another property, and the noise disturbance is plainly
audible on another property 50 feet from the noisemaker, then it is a violation of the City's noise
ordinance, 24/7.
SLOPD has published information on their website
here: https://www.slocity.org/home/showpublisheddocument/34766/638336680176730000
Here is the ordinance:
After 10 p.m., amplified noise is prohibited from crossing a residential property line.
Using Delta Upsilon's property at 720 E. Foothill Blvd as an example, there is a courtyard in the center of
the property with a beer dye table, shown in one of their rush videos. A screenshot is below:
If people were yelling and making noise in that area, it could potentially cause a noise disturbance for
neighboring residents 50 feet from the courtyard. It is not 50 feet from the property line, but it is still a
violation of the noise ordinance.
An aerial view shows Delta Upsilon's property, below. The white dashed lines are 50 feet long (from the
potential noisemaker), the yellow dashed line shows the property line, and the red line shows the
boundary 50 feet from the property line. You can see how a neighbor 50 feet away from a courtyard party
could hear the noisy party, yet is not 50 feet from the property line. Still, it is a noise violation if it's a
"noise disturbance" that can be heard 50 feet from the noisemaker. Otherwise, in the example below, the
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residents at 732 and 734 Foothill would never be entitled to peace because they are located inside the
area that is 50 feet from the fraternity's property line.
On 2/6/2025, a complaint was called into SLOPD at 10:05 p.m. for 'loud music and yelling' and was
cleared as a negative violation.
On 2/7/2025, a complaint was called into SLOPD at 9:10 p.m. for a 'loud party at the location' and a
citation was issued.
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On 2/7/2025, a complaint was called into SLOPD at 10:30 p.m. for a 'loud party' and another citation was
issued.
The fraternity likely appealed the earlier citation, called in at 9:10 p.m., because the noise ordinance
prohibits amplified noise from crossing the property line after 10 p.m., and the Hearing Officer's
(incorrect) interpretation of the noise ordinance is that noise before 10 p.m. must be plainly audible 50
feet from the property line.
On 2/27/2025, a complaint was called into SLOPD at 10:08 p.m. for a 'loud party', and a citation was
issued that lists 65 people at the event. The fraternity knew that the CUP limited occupancy to 21
people for meetings and gatherings, because that information was included in the Notice of Violation
that was sent a month earlier, on January 29. They hosted a party with at least 65 people anyway.
On 2/28/2025, a complaint was called into SLOPD at 9:20 p.m. for 'loud music' and was cleared as a
negative violation.
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On 3/15/2025, which was "St. Fratty's Day", a complaint was called into SLOPD that morning at 7:16
a.m. for a loud party. SLOPD arrived one hour later, at 8:15 a.m., and cleared the complaint as a
negative violation.
Delta Upsilon posts videos during rush recruitment, which feature footage from their parties that feature
their fraternity house at 720 E. Foothill and various parties:
https://vimeo.com/1095113078?share=copy#t=0
The parties shown violate the conditions of the CUP for 720 E. Foothill Blvd, including the current
limitation of 21 people for gatherings.
Delta Upsilon also has illegal fraternity houses in R1 neighborhoods that operate as full-fledged fraternity
houses. There was an increase in events at those locations in the past several months at 281 Albert
Drive, 388 Chaplin Lane, and 1868 Loomis Street. I did not realize the CUP for the main chapter house at
720 E. Foothill was being considered for re-review, but now I understand why there was an uptick in
parties at Delta Upsilon's illegal fraternity houses. Cal Poly requires events to be registered beforehand
with the Greek Life administration; therefore, they have a list of the dates, addresses, and the number of
people in attendance for each of Delta Upsilon's events. That list would confirm the increase in events at
Delta Upsilon's illegal fraternity houses in the residential neighborhoods, away from 720 E. Foothill, to
potentially avoid any more noise complaints at that location.
Last month, on May 2, 2025, Delta Upsilon had an enormous party with a live band in the backyard of
their illegal fraternity house at 281 Albert Drive. The video posted online says “Delta Upsilon presents The
Kilians,” which is a band that played at the Shabang music festival the day after Delta Upsilon's backyard
concert.
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The fraternity installed a tarp from the house to the side fence to hide the view of the backyard party.
Delta Upsilon posted a video from the event on
Instagram: https://www.instagram.com/p/DJXia7Uh8kO/?img_index=1. If the link was removed, it can also be
seen here: https://vimeo.com/1094575248?share=copy#t=0
SLOPD issued a noise citation to a member of Delta Upsilon for the party, and the citation says there
were 50 people at the event. As you can see from the video, there were hundreds of people at the party.
Officers don't go into the backyard or count people, and the number of people listed on a noise citation is
provided by the person receiving the citation. Therefore, the number is often not an accurate reflection of
the actual number of people at a noisy party.
Delta Upsilon had another large, noisy event at 281 Albert Drive on May 16, 2025, and, again, installed a
tarp to obscure the view into the backyard.
On May 30, 2025, Delta Upsilon held a large, noisy party at 388 Chaplin Lane, on the corner of Fredericks
St. It appeared to be a sorority exchange because many of the females were dressed alike, wearing the
same colors. SLOPD issued a noise citation at around 11:00 p.m. with 100 people listed on the citation.
The person who received the citation was Erik "Anders" Ruud, the former president of Delta Upsilon and
Interfraternity Council President from January to December 2024.
I spoke with Mr. Ruud on November 21, 2024, about parties at 281 Albert Dr and 388 Chaplin Ln, after a
Student Community Liaison Committee (SCLC) meeting. I serve as an alternative Representative for
Geographical Neighborhoods and attend the monthly meetings. Unfortunately, he was dismissive
toward me. He was also extremely rude to another Representative on the SCLC who has persistently
brought up the "fraternity problem" during the monthly SCLC meetings, where Cal Poly has continued to
ignore the issue. The general attitude from the fraternities seems to be that they are entitled to have noisy
parties, despite any rules or regulations that restrict them. Cal Poly representatives make excuses or
distance themselves from the problems faced by nearby neighborhoods.
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After Sigma Nu's and Delta Chi's CUPs were recently revoked (for fewer violations than Delta Upsilon),
Cal Poly released the following statement to KSBY news:
"Since an organization's permit is between them and the City, the University doesn't have any
information to provide on that topic."
While Cal Poly stays silent on the matter, it continues to recruit more fraternities to its campus without
any provisions for their fraternity housing accommodations or concern about the adverse impact of its
fraternities' parties and events on the San Luis Obispo community.
CUP Limitations
The current CUP for 720 E. Foothill Blvd allows 14 people to live on the premises and a maximum of 21
people on site for meetings and gatherings. The revised CUP allows 22 people for meetings and
gatherings. This occupancy limitation for gatherings is fair and necessary, but has proven to be
problematic for every fraternity CUP on file with the City because it is nearly impossible for a fraternity to
hold an event and stay within these reasonable limitations.
Most Cal Poly fraternities have over 150 members, and parties also include a large percentage of invited
female guests. Fraternity parties are loud with amplified music that consistently violates the City's noise
ordinance. The increased traffic and yelling while coming and going from fraternity parties add to the
adversity of use. The most practical and viable solution to this ever-growing problem is for fraternities to
be located on Cal Poly's campus, where they can have large gatherings without impacting residential
neighborhoods
San Luis Obispo General Plan and Cal Poly's Greek Life
The subject of fraternity houses has been included in the City's Housing Element since at least 1994. On
9/20/2024, Fraternities and Sororities were addressed as a "major area of concern" while the Housing
Element was adopted, copied below. In 1994, there were a total of 17 sororities and fraternities, and
2,500 students belonged to Greek life. Now, in 2025, there are 28 sororities and fraternities (18
fraternities and 10 sororities) with about 4,500 members, or 20% of Cal Poly's student population.
In 1994, the Housing Element, Section 1.28.10, said, "The City will work with Cal Poly University
Administration to secure designation of on-campus fraternity/sorority living groups..."
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In 1997, the City's General Plan indicated there was a "Student housing study underway" concerning on-
campus fraternities, which would be implemented "as resources are available." It appears those
resources were never available.
The City's General Plan, Housing Element, adopted on March 30, 2004, said:
8.2.6: "Locate fraternities and sororities on the Cal Poly University campus. Until that is possible,
they should be located in Medium-High and High-Density residential zones near the campus."
The wording has not changed, and the current Housing Element adopted in 2020 says the same thing:
8.5: "Locate fraternities and sororities on the Cal Poly University campus. Until that is possible, they
should be located in Medium-High and High-Density residential zones near the campus."
Again, no effort has been made to locate fraternities on Cal Poly's campus. It will never be "possible"
because no effort is being made toward making it happen. Meanwhile, the residential neighborhoods are
negatively affected every weekend by fraternity events, and residents are unable to sleep or have peace
on their properties. Cal Poly continues to recruit more fraternities to its campus without any requirement
that they have a legal fraternity location. There are currently 18 fraternities at Cal Poly. In the Fall of 2025,
there will be 19 fraternities, and in the Fall of 2026, there will be 20 fraternities. Each has rush events,
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sorority exchanges, and other parties and events throughout the academic year in the City's
neighborhoods.
The most recent General Plan, Land Use Element, adopted in 2014, says:
2.6.5: "The City shall work with Cal Poly to develop a proposal to locate fraternities on campus for
consideration by the CSU Board. If locations on campus cannot be provided, fraternities and
sororities should be limited to medium-high and high-density residential areas near campus."
The City has made no effort to work with Cal Poly to develop a proposal to locate fraternities on campus
for consideration by the CSU Board.
I'm not sure if the City has the power to compel Cal Poly to build a Greek Row, but it does have the power
to enforce fraternities' CUPs and place pressure on Cal Poly to stop ignoring the problem and take some
responsibility for its fraternities. The university expects the City and its residents to absorb the negative
impact of fraternity events in the City's residential neighborhoods, while it absolves itself of any
accountability. Affected residents include college students who also need a quiet environment to study
or sleep.
Code Enforcement Presentation to Cal Poly's InterFraternity Council (IFC)
The City informed Cal Poly's Greek Life staff and administration that it was illegal to hold fraternity-
related events in R1 and R2 neighborhoods in late 2023. After Cal Poly published the AB 524 Report on
the Greek Life webpage, Community Development and Code Enforcement notified Cal Poly about the
City's laws and regulations for fraternities and sororities, and indicated that many fraternities were
illegally holding events in R1 and R2 neighborhoods.
On Saturday, January 11, 2025, before rush week, Code Enforcement staff, including Supervisor John
Mezzapesa, gave a presentation at Cal Poly to Greek Life administration and staff, and the IFC, including
fraternity members and potential new members. City staff explained that it is illegal for fraternities and
sororities to hold events, including rush recruitment, in R1 and R2 neighborhoods. Six days later, on
January 17, 2025, Delta Upsilon held a rush event at their illegal fraternity house at 388 Chaplin Lane,
zoned R1. The fraternity posted a photo from its front deck at 388 Chaplin, looking down Fredericks
Street, with the caption "Meet the DUdes from 3-5 today!" Our home is not far from this property, and my
husband and I witnessed the rush event at 388 Chaplin on 1/17/2025.
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Delta Upsilon knew it was not legal for them to hold fraternity events in the neighborhood, but did it
anyway. They'd previously held many other rush events at 388 Chaplin Lane and other illegal fraternity
houses in the neighborhood, and they have continued to hold parties and other events at those
addresses, even though they know it is illegal to do so.
Special Event Permits on Private Property and the Noise Ordinance
There are no circumstances that would allow Delta Upsilon to hold a party or event at their fraternity
house, as shown in their rush recruitment video, which supports the idea that fraternities should be
located on Cal Poly's campus, away from residential areas. According to SLOMC 17.86.260, a "special
event" permit may only be granted if the event poses zero potential to negatively affect the surrounding
community. It is simply unrealistic to suggest that a large fraternity party, by its nature, could meet that
standard.
Additionally, per SLOMC 17.108.040, the Community Development Director may only approve such a
permit if they can make specific findings, including that the event is consistent with, or enhances, the
character of the neighborhood. This is an extremely high bar for a fraternity party, and in most cases,
impossible to meet.
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At the October 2024 hearing regarding Lambda Chi Alpha's CUP, Community Development Director Tway
emphasized to the City Council that there are no circumstances under which a fraternity may violate the
City's noise ordinance. As a reminder, that ordinance is enforcable 24/7 and prohibits any noise
disturbance audible from 50 feet away. After 10 p.m. amplified sound is not allowed to cross residential
property lines.
A standard fraternity event, such as a sorority exchange, a "Big-Little" night, or any other typical party,
would not qualify for a special event permit. These events routinely involve amplified music, shouting,
chanting, and drinking games that are audible from more than a block away. They also result in
intoxicated partygoers walking loudly through the neighborhood, disturbing the peace of residents.
As someone who experiences these disruptions regularly, I cannot overstate how difficult it is to live with
the constant noise, trespassing, and sleepless nights. These types of events are simply incompatible
with a peaceful residential environment. For the well-being of our community, Cal Poly's fraternities
must be relocated to a more appropriate setting, specifically on Cal Poly's campus, where they can
operate without negatively impacting surrounding neighborhoods.
I urge the Planning Commission to revoke Delta Upsilon’s Conditional Use Permit (CUP) for 720 E.
Foothill. The fraternity has consistently failed to comply with the conditions of the permit for several
years. This academic year saw a rise in noise complaints to SLOPD, culminating in five citations within
six months. Even after learning their CUP would be re-reviewed by the Planning Commission, fraternity
members continued to host large, disruptive parties - this time at unpermitted locations - demonstrating
ongoing disregard for the law and the surrounding community.
These patterns of behavior suggest a lack of accountability and concern for neighborhood impacts.
Revoking Delta Upsilon's CUP reinforces the integrity of the CUP process and ensures that all applicants
are held to the same standards.
Looking ahead, I believe this moment presents an opportunity for a broader, long-overdue conversation
involving Cal Poly, the City, Greek Life, and surrounding neighborhoods. Greek organizations can offer
meaningful experiences, but their activities must be compatible with the well-being of the larger
community. The current model is not working. A sustainable path forward should include Cal Poly
designating on-campus land for fraternity housing, where chapters can host events without disrupting
residential neighborhoods. Many who are familiar with these ongoing issues see this as the most viable
long-term solution.
We can and should support the positive aspects of Greek Life while also insisting on compliance,
respect, and accountability. This review process and revocation of a CUP when conditions are
repeatedly violated is a necessary step in that direction. Thank you for your consideration.
Sincerely,
Kathie Walker
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