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'vereviewed the agenda published online yesterday for the meeting on Wednesday,
5/28/2025. Since Monday isaholiday and you will not receive correspondence sent over
the weekend until Tuesday, Iwanted tosend you anemail today. Imay have some
things toadd. If so, I willemail the Clerk over the weekend, but Idon'twant todelay
getting you this information so you have achance toreview itbefore Wednesday.
Our home ispretty far from 1236 Monte Vista, so wedon’thear its parties. The
exception was last weekend, 5/17/2025. My husband was working night shift (7:30 PM –
8PM) from Thursday toSunday and needed tosleep during the day. On Saturday, he
was unable tosleep because ofthe sound ofreverberating bass from loud music inour
neighborhood. I found the party at1236 Monte Vista and called SLOPD. It’sthe only
time I’ve called for aparty atthis address. There were too many people inthe area to
take avideo, but Idrove onto CalPoly’scampus and captured the party from about 160
feet away, based on Google Earth. Alink tothe 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 aclear violation ofthe noise ordinance. Itwas cleared by SLOPD asa
Negative Violation”.
Delta Chi at1236 Monte Vista Place has along history ofnoise complaints. Looking back
tothe beginning ofthe last academic year (Fall 2023), there have been 12 calls to
SLOPD for noise at1236 Monte Vista, not including my call on5/17/2023. Eight resulted
inacitation, although the fraternity successfully appealed acitation on 3/03/2025. The
party on 3/15/2025 was an unruly gathering with 100 people listed on the citation.
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Party on 3/15/2025: St. Fratty’sDay
SLOPD responded toa call at1236 Monte Vista for a “huge party” at4:00a.m. on
3/15/2025, also known as “St. Fratty’sDay”. SLOPD issued an unruly gathering citation.
Prior toSt. Patrick’sDay weekend, Cal Poly prohibited all Greek life organizations from
hosting parties that weekend. Ifafraternity held an unsanctioned event, it faced
discipline and possible suspension.
Delta Chi iscurrently onprobation until the end ofSpring quarter 2025; therefore,
hosting an unsanctioned party would likely result inthe fraternity’ssuspension.
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 toCal Poly’sOffice ofStudent Rights and Responsibilities
OSRR) for possible discipline from the university.
Videos ofthe party were posted onsocial media and shared with the OSRR atCal Poly.
The videos show acrowd ofyoung men and women standing around inthecourtyard,
on stairways and balconies at 1236 Monte Vista, dancing, drinking, and conversing early
that morning while itwas still dark outside. Someone also posted aTikTok video ofher2
travels from Maui toSLO forSt. Fratty's Day, and the first place she went when she got
into town was the party atDelta Chi. There isabanner hanging inthe courtyard ofthe
fraternity that says, "Get Lucky," "St. Frattys ‘25" with afour-leaf clover and the Greek
letters for Delta Chi. Ascreenshot from one of the videos is below.
Videos are short snippets so Ihave slowed some down tobetter see the party and
crowd, and that the party was intentional and not astampede of250 people. The first
snippet was when the gal from Maui arrived and the caption says, "hey Delta Chi"; the
second video istwo young women and their BORGs atthe fraternity; and the third
shows the crowd on stairways, balconies, and the floor ofthe courtyard. Delta Chi is
clearly hosting a party. Video link is here: https://vimeo.com/1087221996?share=copy#t=0
Ifafraternity issuspended, itisno longer ingood standing with Cal Poly. This means
the CUP isrevoked, according to the SLO Municipal Code.
Cal Poly’s OSRR investigated Delta Chi’sparty on3/15/2025. Jason Mockford isthe
Senior Director ofLeadership and oversees fraternity operations atCal Poly. He
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participated inthe OSRR’sinvestigation on the fraternity’s behalf. According toMr.
Mockford, the fraternity presented evidence that showed
about 50people breaking down their fence, gaining access totheir courtyard, while
members who were getting ready for the concert were trying toremove them. They
asked for assistance from law enforcement and had abit ofafalse 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 aparty that morning.
Inpresenting itscase, Delta Chi did not own uptothe fact that they had, indeed, hosted
aparty on 3/15/2025. They had abanner hanging inthe courtyard for “St. Frattys ‘25”.
Videos show acrowd ofpeople calmly standing inthe courtyard, drinking, dancing, and
conversing. No one ispanicked, and no one isstorming the courtyard.
The 250 trespassers apparently showed upatthe fraternity because the invited guests
atthe party posted videos ofthe party inprogress on social media platforms, such as
Snapchat. The trespassers entered the courtyard, inaddition tothe approximately 100
people who were welcome atthe party that morning, as shown invarious videos posted
online.
The 250 uninvited guests would not have gone tothe fraternity, except that invited
guests posted videos on social media showing the party at1236 Monte Vista. The news
ofthe party spread and led to50people breaking down afence 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 aparty that morning.
Itis telling that Delta Chi did notappeal SLOPD’s citation, especially considering that
Delta Chi successfully appealed acitation issued twoweeks 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 tothe invasion. SLOPD did not dismiss Delta Chi’scitation on 3/15/2025, and the
fraternity did not appeal the citation because the fraternity hosted aSt. Fratty’s Day
party inthe early morning.
Noise Citations Since the Fraternity Was Notified ofthe CUP Review
The Staff Report says that aNotice ofViolation was sent totheproperty owner on March
19, 2025, which cited ongoing violations ofthe CUP and outlined the terms ofthe
fraternity’sCUP. Ihave attached the existing CUP for 1236 Monte Vista to this email.
Some conditions noted were:
The maximum number ofpersons allowed on the site for routine meetings and
gatherings is 53.
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No meetings, parties, orother types ofsimilar activities involving persons other
than residents are allowed between the hours of10 PM and 9AM, except as
approved by the Community Development Director.
Events, including meetings orparties, on site, shall be limited tothose listed on a
meeting and activities schedule, submitted toand approved by the Community
Development Director inthe fall ofeach year.
The Notice of Violation stated inbold font, “Immediate compliance is required.”
Approximately one month later, on 4/18/2025, SLOPD issued acitation for anoisy
party at1236 Monte Vista. The citation listed 50people. SLOPD does not count
people atanevent. Instead, they usually ask the party host how many people are at
the gathering. The number ofpeople listed on thecitation was self-reported by the
person who received the citation, Jack Werle. Italso likely does not include every
person on the property that night, including those intheir apartments.
On 5/17/2025, Delta Chi held another party with blaring music and alarge inflatable
waterslide at1236 Monte Vista. The reverberation ofthe bass from the music could be
heard from our house, several blocks away. Itwas not cited as anoise violation,
although itwas an obvious violation.
Despite the Notice ofViolation sent tothe property owner on 3/19/2025 and subsequent
noise citation on 4/18/2025, Delta Chi hosted another party on 5/17/2025.
Itdoes not seem that the fraternity members feel any sense ofresponsibility for the
impact ofnoise ontheir neighbors orthat they are breaking the law by holding these
noisy events. On 5/17/2025, my husband was unable tosleep between hislong work
shifts. He has asafety-sensitive job that requires adequate rest. He isnot legally
allowed toreport towork ifhe isnot rested because itwould potentially put others' lives
atrisk.
The fraternity was not held accountable byCal Poly for hosting an unsanctioned event
and continued toviolate theconditions ofits CUP with the City ofSan Luis Obispo.
Based on the ongoing noisy parties, which constitute apublic nuisance according tothe
SLO Municipal Code, and the failure ofthe fraternity torecognize its responsibility
according tothe conditions ofits CUP, Irespectfully request that Delta Chi’sCUP for
1236 Monte Vista be revoked.
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Fraternities that are not able orwilling tocomply with the terms oftheir CUPs should not
be allowed tooperate inresidential neighborhoods. Cal Poly should provide housing on
campus forits fraternities. Continuing toallow neighborhoods tobe abused does not
help solve the problem. Itistime for Cal Poly tostep 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.
Ifthe Planning Commission chooses toapprove the CUP, please consider the following
modifications tothe conditions:
1) Condition 2. Eliminate section (b) toread: The CUP shall be reviewed by the
PC assoon aspractical ifconduct on the permitted premises results inthree (3)
citations within any 12-month period for violation oflaw orpermit condition that
a) are not contested orare upheld on appeal, and (b) the conduct forwhich the
citations were issued resulted inadverse impacts to, orcomplaints from, residents
oroccupants ofthe surrounding neighborhood.
Three (3) violations ofthe permit condition orcitations should be an automatic trigger
for re-review, without any further qualifiers.
2) Add acondition 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 acondition that lists aspecific threshold of
citations issued to thefraternity, which would automatically trigger a re-review. The
reason for this request was that the CUP had never been reviewed, despite many noise
complaints toSLOPD and citations issued tothe fraternity. The existing condition inthe
CUP said the CUP would be reviewed ifawritten complaint was received from aperson,
the SLO Police Department, ortheSLO Fire Department; however, no one ever made a
written complaint. Therefore, RQN asked for apre-determined number ofcitations that
would automatically trigger areview without the need for awritten complaint.
Itwas not RQN’sintent toeliminate the condition that a re-review would occur if
someone made awritten complaint. That condition isactually animportant tool for
accountability and should be added to the CUP.
3) Condition 14. Add thefollowing sentence toCondition 14: “Anoise violation
is considered apublic nuisance according tothe San Luis Obispo Municipal Code.”
This clarifies and strengthens Condition 14, which says the CUP may be revoked for
conduct “so astoconstitute a public nuisance”. Atthe Planning Commission hearing on
11/13/2025 for the re-review ofAlpha Epsilon Pi’sCUP, there were questions and
discussion about the definition ofapublic nuisance. The SLOMC makes clear that anoise
violation isapublic nuisance, therefore, itwould be helpful toinclude this clarification
within the condition.
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When the Planning Commission re-reviewed Alpha Epsilon Pi’sCUP on 11/13/2024, it
adopted similar conditions for the CUP at280 California, although AEPi’sproperty has a
maximum occupancy of25 people.
Last month, SLOPD responded toanoisy party atAEPi's fraternity at280 California Blvd
and issued anoise citation for anoisy party with 150 people. Shortly after, AEPi was
issued another noise citation for anoisy 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 isapublic nuisance. Tyler Corey responded that itis. Mr. Corey also said
that acondition ofthe CUP that isidentical toCondition 14 inDelta Chi’sproposed CUP
allows the City tore-review AEPi’sCUP ifthere isa noise citation.
Staff was also asked ifthe fraternity could beplaced onprobation for ayear, and Mr.
Corey said that the CUP acts as aprobation, so listing aformal probation was not
necessary as acondition.
Atthere-review hearing inNovember, AEPi was issued astern warning that itwould be
back at thePlanning Commission ifit received another violation. So far, AEPi isnot
scheduled tohave its CUP re-reviewed.
For these reasons, itis important toprovide clarity, including for Condition 14.
Ifyou have any questions orwould like todiscuss further, please feel free toemail me.
Thank you,
Kathie Walker
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