Loading...
HomeMy WebLinkAbout10/21/2025 Item 7d, Walker kathie walker <kathiewalkerslo@gmail.com> Sent:Sunday, October To:Stewart, Erica A; Shoresman, Michelle; Francis, Emily; Marx, Jan; Boswell, Mike; E-mail Council Website Subject:Review of Delta Chi Appeal of Planning Commission's Decision, 10/21/2025 Item 7.d. Attachments:Delta Chi Appeal of Planning Commission Revocation of CUP.pdf; Delta Chi Noise History 2023 to 2025.pdf Dear Mayor Stewart and City Council Members, I have had an opportunity to review Delta Chi's appeal and the City's agenda report for the upcoming hearing on 10/21/2025. I have attached a letter regarding the matter, with some additional information and documentation, and SLOPD's dispatch logs for the fraternity address at 1236 Monte Vista Place for 2023-2025. Thank you for your time and consideration. Sincerely, Kathie Walker 1 Dear Mayor Stewart and Council Members, I am writing to urge you to uphold the Planning Commission’s decision. The Planning Commission correctly found that Delta Chi’s continued violations of its CUP demonstrate the required finding – that the fraternity’s use will not adversely affect the health, safety and well-being of people living and working in the area – cannot be made. The record of noncompliance is extensive, and the fraternity has continually shown an unwillingness to operate within the limits of its CUP. It’s unclear what work the fraternity has done with City staff “over the years” to comply with its CUP, as it claims in its appeal or how “years of interaction and reliance on City feedback” has led to its current predicament, whereby it has demonstrated repeated inability to comply with the conditions of its CUP. Documentation shows that Delta Chi has violated the conditions of its CUP many, many times over the past few years, and things have not improved, even after City staff notified Delta Chi of its CUP conditions and subsequently issued a Notice of Violation to the property. Violations of the CUP include: • Exceeding the maximum number of 53 people allowed on the property according to Condition 4. Several noise citations issued to Delta Chi by SLOPD show 70-150 people at parties. Photos and videos of events posted on Delta Chi’s Instagram page also show parties in the basketball court area and courtyard that exceed 53 people. • Holding events between the prohibited hours of 10 p.m. and 9 a.m. as outlined in Condition 5. During the last academic year (2024-2025) Delta Chi held eight events after 10 p.m., according to its AB 524 report, not including the 3 a.m. event on 3/15/2025 which resulted in an unruly gathering citation. That event was not included in Delta Chi’s AB 524 report. • Failing to maintain a neighborhood relations plan as described in Condition 6. • Failing to provide a meeting and activities schedule to the Community Development Director annually in fall as outlined in Condition 7. • Failing to comply with the conditions of the CUP, as required by Condition 12, including engaging in conduct that violates local law such as the noise ordinance, and/or causing an adverse impact on those living in the area which is grounds for revocation of the CUP according to Condition 12. During the last academic year, 2024-2025, Delta Chi hosted 30 events in San Luis Obispo according to its AB 524 report. As mentioned above, the event cited as an unruly gathering on 3/15/2025 was missing from the report, so that would make 31 events. The list of events was not provided to the Community Development Director, as required by Condition 7. Some of those events resulted in noise complaints to SLOPD and citations. Many of the events exceeded the occupancy limitations in Condition 2, even if there were not any noise complaints. In its appeal, Delta Chi claims it has a track record of improvement and that it has worked systematically to reduce incidents, stating “Over the past two years, documented violations have declined signiflcantly, refiecting their commitment to improvements.” The SLOPD dispatch log for Delta Chi at 1236 Monte Vista shows many noise complaints over the past few years, including two complaints since the beginning of this academic year. One of the complaints was made on October 4 at 1:45 a.m. and resulted in a citation at 2:30 a.m. There are no noise complaints at the fraternity property during the three-month period of summer break, after June 6 and before September 11. Cal Poly is converting to year-round operations this summer so the impact will be felt the entire year moving forward. Fraternity Properties in SLO Are Not Meant to be Event Venues Something that has been repeatedly brought up by the Planning Commissioners at the various hearings for fraternity CUPs is that fraternity houses within the City are not meant to be event venues for large, noisy parties and events. The CUPs for fraternities include conditions, like occupancy limitations, so that they fit into the character of the residential neighborhood where they are located, without adversely impacting the neighborhood. Courts have repeatedly found that a fraternity, by its nature, is active and noisy, and is not comparable to a high-density residential dwelling, such as a boarding house1. That’s why there are conditions for fraternity use within neighborhoods where allowed that require a finding that the use will not adversely impact on the health, safety and well-being of those living and working nearby. The Planning Commission was unable to make that finding. Shortly after the revocation, the academic year ended. But when the new academic year started in September 2025, noise complaints continued, and Delta Chi received another noise citation. 1 “The facts of life dictate that there is a vast difference between a boarding house or lodging house and a fraternity house… The "rush parties," the dances, the rallies and other manifestations of the collegiate spirit are present in a fraternity house and frequently absent in a boarding house, a lodging house or an apartment.” City of Long Beach v. California Lambda Chapter of Sigma Alpha Epsilon Fraternity (1969) 255 Cal.App.2d 789 at 797. Delta Chi has 126 members, according to Delta Chi’s presentation to the Planning Commission. Its CUP limits meetings and gatherings to 53. The calculation that determines the maximum occupancy is based on the General Plan Land Use Element. The Planning Commissioners cited the Land Use Regulations and the occupancy limitation during Delta Chi’s hearing on 5/28/2025 and questioned whether the FRATERNITY needed to find a larger property rather than asking for an exception or deviation from the accepted rules within the City. The fraternity representative essentially acknowledged that such property doesn’t exist within the City. This limitation was also discussed by the Planning Commission with the members of Alpha Epsilon Pi during the re-review of its CUP a year ago, which limits the occupancy for meetings and gatherings at its fraternity house to 25 while there are about 100 fraternity members. AEPi explained to the Commissioners that they held their meetings on campus so that all members could attend. The Commissioners were emphatic that noisy parties were prohibited, and the fraternity use of the property was geared towards small meetings and gatherings that do not violate the noise ordinance. Unfortunately, the message that fraternity houses are not meant to serve as event venues is not being received by Cal Poly’s fraternities or Cal Poly. Most noise citations issued by SLOPD that list large numbers of people at the property, between 50 and 200+, are at documented fraternity addresses. Cal Poly does not have any plan for a Greek Village or Fraternity Row on its campus so the only legal option for large, noisy fraternity events is at a third-party venue. Delta Chi’s rush recruitment videos posted on Instagram over the past few years, including this fall 2025, make it evident that the fraternity doesn’t understand the limitations or conditions of its CUP because the videos feature numerous events at 1236 Monte Vista Place with live bands, large parties with DJs, and other large gatherings in the basketball court area and the courtyard. These videos are used to entice potential new members to join the fraternity with the expectation of such experiences if they join Delta Chi. Despite having its CUP revoked with ethe condition of 53 people allowed on the property for events and gatherings, Delta Chi’s appeal argues against the limitation, claiming the City’s calculation “is unrealistic and fiawed.” Incredibly, the fraternity proposes that its CUP should allow 152 people for events/parties. This proposal underscores the lack of insight by the fraternity of its impact on the neighborhood, its failure to recognize its responsibility toward the neighborhood, and disregard for the City’s General Plan and Land Use Element. The only spaces for events on the property at 1236 Monte Vista are outside in a courtyard or on a basketball court that is within 10 feet of a 3-story apartment building. The basketball court is often covered with a party tent for large parties. It is likely that people who live in the adjacent apartment building are responsible for some noise complaints to SLOPD. For example, a noise complaint was called into SLOPD on Monday, 03/03/2025 at approximately 10:15 p.m. when fraternity members were playing basketball in the area next to the apartments. San Luis Obispo Hearing Officer Wrongfully Dismissed Noise Citations Delta Chi successfully appealed the noise citation it received on 03/03/2025 and it was dismissed by a Hearing Officer. Afterward, on 06/25/2025, the Planning Commission asked SLOPD Deputy Chief Brian Amoroso about the dismissal by the Hearing Officer of multiple noise citations issued to fraternities, and why that happened. DC Amoroso explained that the sound technology of SLOPD’s body cams is designed to optimize person-to-person conversation, and that other surrounding noise will sound muffled on the video recording. Therefore, the sound from SLOPD’s body cams is not an accurate representation of the actual sound heard from a property. DC Amoroso’s testimony was very helpful by explaining SLOPD’s approach to noise calls and how the technology of their body cams work. A portion of his testimony to the Planning Commission is shown at this link: https://vimeo.com/1128671921 The noise citation issued to Delta Chi on 03/03/2025 was a valid noise citation but was dismissed because SLOPD’s equipment did not accurately record the noise, and the Hearing Officer was not familiar with the noise technology of SLOPD’s body cam video. Three “Violations” Trigger Re-Review But One Noise Citation Could Cause Revocation Per the CUP In Attachment 3 of its appeal, Delta Chi argues that Condition #2 of its CUP allows the fraternity to accumulate three citations within a 12-month period before its permit becomes eligible for re- review by the Planning Commission. The interpretation that Delta Chi is allowed three noise citations is incorrect and misrepresents the intent of the condition. The meaning and purpose of Condition #2 were clearly discussed during the Planning Commission hearing on November 13, 2024, regarding re-review of Alpha Epsilon Pi’s CUP. At that meeting, Commissioners expressed concern that even one noise citation for a large party within a year was inconsistent with neighborhood compatibility. City staff clarified that any violation, whether related to occupancy, property maintenance, trash, or noise, counts toward the three- violation threshold for re-review. The Commissioners asked, and City staff confirmed, that a noise violation is considered a public nuisance under the City’s Municipal Code2. Therefore, under a separate condition - Condition #14 in Delta Chi’s CUP - a single noise citation, and certainly an unruly gathering citation, could be sufficient grounds for revocation of the CUP, as each represents a public nuisance. Condition #14 of Delta Chi’s CUP states: “Failure to comply with any of the above conditions or code requirements, or the conduct of the use so as to constitute a violation of Federal, State, or local law, or so as to constitute a public nuisance or so as to cause adverse impacts on the health, safety, or welfare of persons in the vicinity of this use is prohibited and considered a violation of this Conditional Use Permit and may constitute grounds for the revocation of this permit.” There is no automatic entitlement to three noise citations before a CUP is re-reviewed or revoked. Delta Chi also fails to acknowledge that it had flve (5) noise citations within 12 months, so regardless of whether the citation from 03/03/2025 was dismissed, the fraternity still had four noise citations within 12 months. SLOPD’s records clearly demonstrate this pattern of noncompliance, far exceeding the threshold for re-review or revocation under Conditions #2 and #14. 2 SLOMC Noise Control, Declaration of policy. 9.12.010 B. “It is determined that certain noise levels and vibrations are detrimental to the public health, welfare and safety, and are contrary to public interest. Therefore, the council ordains and declares that creating, maintaining, causing or allowing to be created, caused or maintained, any noise or vibration in a manner prohibited by or not in conformity with the provisions of this chapter, is a public nuisance and shall be punishable as such in any manner provided by law, including but not necessarily limited to the filing of a civil or criminal action.” St. Partick’s Day Party Delta Chi hosted a party in the early morning of 03/15/2025, known as St. Fratty’s Day. Some fraternity members and party guests posted videos of the party on Snapchat in real time, which lead uninvited guests to go to the fraternity property. The fraternity had fences and had locked gates around the property, which prohibited party crashers from accessing the party. Meanwhile, noise complaints were made to SLOPD about Delta Chi’s party. The “Call Comments” on SLOPD’s dispatch log to 1236 Monte Vista that morning say “HUGE PARTY”. When SLOPD arrived, the officers asked the fraternity members to unlock the gates. According to Delta Chi, this allowed even more people to access the fraternity property. Delta Chi has represented that they did not have a party that morning. Instead, they claimed the property was overtaken by trespassers as fraternity members were getting ready for the on-campus event. There are multiple videos of the party before SLOPD showed up, with at least 100 people standing casually in the courtyard, some dancing to loud music, and a banner is hanging overhead that says “Get Lucky” “Frattys ‘25” with Delta Chi’s Greek letters in a four-leaf clover. The videos posted on Snapchat and/or TikTok do not indicate that any trespassers are storming into the party. No one looked panicked, no one was trying to get people to leave the courtyard area, shown below. People are relaxed, conversing with one another while a DJ is blaring music. According to Cal Poly’s Senior Director of Leadership & Service, Jason Mockford, Delta Chi was found “not responsible” for the St. Fratty’s Day party because they showed video evidence of “about 50 people breaking down their fence, gaining access to their courtyard area, while [fraternity] members who were getting ready for the concert were trying to remove them.” Mr. Mockford claimed that Delta Chi then “asked for assistance from law enforcement and had a bit of a false start when they opened their gates, 200 more people came into their courtyard.” Mr. Mockford’s explanation was given at the SCLC meeting on April 17, 2025. He said he wanted to provide the information about Delta Chi being wrongly cited by SLOPD as context for the future because “that theme kept coming up in some of the meetings, ahead of time with students: ‘What if we’re not hosting an event and we’re cited for it because people are congregating on our property?’ I don’t know if there’s a solution for that but it’s something to think about for the future.” The audio from the SCLC meeting on April 17, 2025, is here: https://vimeo.com/1128715911 Delta Chi escaped accountability from Cal Poly. Unfortunately, getting away without consequences seemed to embolden the fraternity as it doubled down on the narrative that they “were found ‘not responsible’ by Cal Poly” for the party that morning, even though they did have a party with a DJ at their fraternity before the on-campus event. There was no contrition from fraternity members for the impact of the party, especially considering the enormous effort and resources that went into the messaging from Cal Poly and the City before St. Patrick’s Day weekend. No other Cal Poly fraternity held an event that morning. From the City’s perspective, SLOPD sent the unruly gathering citation to Cal Poly Office of Student Rights and Responsibilities and expected the fraternity would be held accountable, which it was not. It is notable that Delta Chi did not appeal the unruly gathering citation to the City, especially considering the fraternity had appealed a previous citation received on 03/03/2025. When other people were wrongly cited during St. Patrick’s Day weekend, they went to SLOPD to have the citation dismissed without having to pay any fee. For example, tenants on Bond and Hathway were overrun with trespassers and received a citation, and they reached out to SLOPD afterward. The citation was dismissed without an appeal fee because SLOPD reviewed the record and could see that the tenants had not hosted a party to attract the trespassers and were not responsible for the trespassers overtaking their yard and roof. SLOPD had evidence of the fraternity party, with a DJ blaring music heard from hundreds of feet away, and about 100 invited guests in the courtyard drinking alcohol. If they hadn’t had that party, the trespassers would not have shown up to their fraternity house. Planning Commission Hearing During the Delta Chi hearing for re-review on May 28, 2025, the Commissioners asked Delta Chi some questions about the early morning St. Patrick’s Day party. The fraternity representative had prepared a response to any potential questions beforehand, and he read his responses to each question from his pre-prepared statements. For example, when asked about why he didn’t contest the citation from the City for the St. Fratty’s Day party, he looked down at his paper and read his prepared response. When asked about the St. Fratty’s Day banner hanging in the courtyard, he looked at the paper and read his prepared response. A portion of that testimony is at this link: https://vimeo.com/1128700666 Impact of Delta Chi on Our Family We lived far enough from Delta Chi’s fraternity at 1236 Monte Vista that we were not generally impacted by its parties. Delta Chi fraternity members did live in rental house directly across the street from our home and held some events there two years ago, but that stopped during the last academic year. We had a good relationship with the fraternity members and had a phone number contact for one of the guys. We would text if things got too loud across the street, and they were responsive. However, during the afternoon of 05/17/2025, the thumping bass from the music at the party from somewhere further away could be heard inside our house and continued for over an hour. My husband was working night shift and needed to sleep during the day, so he asked me to locate and call in the party to SLOPD. I tracked down the noise at 1236 Monte Vista and was surprised because the noise carried from several blocks away. The Municipal Code says it is a violation of the noise ordinance if a “noise disturbance” can be heard 50 feet from the noisemaker. I have attached a link to a short video I took of the party that day from over 150 feet away and you can judge for yourself whether it is a “noise disturbance”: https://vimeo.com/1128723727 SLOPD did not feel it was a violation, and the property was not cited. Change of Ownership The property changed ownership one month ago. It was previously owned by someone who lived locally and was sold to a real estate investor/attorney in Calabasas, California who registered the property as an LLC. Delta Chi’s appeal was made before the property was sold. If the new property investor wants to operate the apartment complex as a fraternity, he could apply for a CUP and go through the approval process with the Planning Commission. It is clear that the property is not large enough to accommodate Delta Chi but perhaps a smaller fraternity at Cal Poly that could conform to the CUP conditions would be interested in applying for a CUP at the property. Otherwise, Delta Chi fraternity members can continue to occupy the apartments as other people who similarly live in apartment complexes in the area, without holding fraternity events at the property. Delta Chi should no longer be able to have a CUP for fraternity operations at the property because it has repeatedly violated City laws and CUP conditions. Upholding the Planning Commission’s revocation is not punitive. It is necessary to protect the health, safety and well-being of the neighborhood. I respectfully ask you to uphold the Planning Commission’s decision to revoke Delta Chi’s Conditional Use Permit. Thank you for your commitment to maintaining livable neighborhoods for everyone in San Luis Obispo. Sincerely, Kathie Walker Attachment: Recent noise calls to SLOPD for 1236 Monte Vista, including citations. SLOPD log printouts from 10/20/2023 to 10/4/2025 are on the following two pages. Information includes: •Call Comments: what the caller reported to SLOPD dispatch, •Who was dispatched (SNAP, CSO, SLOPD officer) • The number of people subject to the citation, if noise violation cited. This is generally self -reported by the person receiving the citation because officers don’t count people or enter backyards or homes where events are reported. SLOPD Dispatch Shows calls for 1236 Monte Vista since the beginning of 2023. Note that there are zero noise complaints during summer months from mid-June, July and August, when Cal Poly is not in session. Lines are drawn between the academic years for clarity. (2022-2023),( 2023-2024, 2024-2025, and two calls so far this academic year (2025-2026). P1= SNAP (SLOPD not dispatched) P1 = SNAP, sent before SLOPD was dispatched It’s unclear what caller told dispatch because “Call Comments” references a time (02:08:45 10/04/2025) which may be when SNAP confirmed loud party to dispatch and SLOPD officer was then dispatched. Original call complaint was received by SLOPD at 1:45 a.m.