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Home My WebLink About5/26/2026 Item 5a, Rowley Sandra Rowley < To:Stewart, Erica A; Marx, Jan; Francis, Emily; Shoresman, Michelle; Boswell, Mike Cc:E-mail Council Website Subject:Item 5a, Code Enforcement Priorities Dear Mayor Stewart and Members of the Council, The Land Use Element of the General Plan states as follows: 2.1 Neighborhood Focus The City shall preserve, protect and enhance the City’s neighborhoods and strive to preserve and enhance their identity and promote a higher quality of life within each neighborhood. 2.26 Neighborhood Characteristics The City shall promote livability, quiet enjoyment and safety for all residents. 2.3.2 Separation and Buffering The City shall seek to protect Residential areas from incompatible and detrimental non-residential activities and facilities. Reference the establishment of an overlay zone for fraternity and sorority houses, we do not see how this would improve neighborhood livability. Seemingly it would just allow fraternities and sororities to legally operate in the lower density, R- 1/2 zones and prohibit activities that are already prohibited – but routinely occur anyway. This would not solve our current enforcement problems. Nor would it in any way lead to an improvement in homeowners’ or other renters’ ability to experience the quiet enjoyment of their homes. Additionally, the Cal Poly Administration continues to invite new fraternities to come to Cal Poly. This further exacerbates an already significant problem as well as potentially adding to Code Enforcement’s workload. Opening up R-1/2 for them would make the area even less livable for the homeowners and other renters who live there. Establishing an overlay zone should not be an option; in fact it would be counterproductive to neighborhood livability and detrimental to neighborhood health, safety, and welfare. Also for your consideration are comments made by Anthony Palazzo during the last part of a presentation to SCLC in September 2025 regarding the acceleration of their Master Plan. When asked about a plan for a Greek Row, he stated that instead of a Greek Row, they were considering giving them a building or a floor within a building or part of their residence halls. He referred to the red brick residence halls – that they have a lot of outdoor space, are the right community size, and are close to everything. He also said that the conversation at Cal Poly is how can we integrate Greek Life into the housing that we’re building now, and that discussions were on-going with the final plan still to be determined. We do not know what this integration of Greek Life into Cal Poly housing will eventually look like or if it will mitigate some of the Greek activities currently occurring in the neighborhoods. We need to wait for Cal Poly to implement their final plan before making any changes to the current code enforcement structure. Per the Staff Report, there are three problems that Code Enforcement staff must find ways to overcome when dealing with Municipal Code violations. First, the correct and complete preparation of the Notice of Violation and other paperwork. Second, the amount of staff time required to investigate and confirm violations, particularly violations by fraternities since that seem particularly difficult, along with consideration of the full code enforcement workload. Third, the lack of cooperation from Cal Poly staff, 1) by approving fraternity parties/events that they know violate City codes and 2) by refusing to provide information about parties/events subsequent to their occurrence. Since Cal Poly Administration does not cooperate, alternate means of obtaining post-party information must be determined/utilized. Adding another Code Enforcement Officer (CEO) to address fraternity code violations would certainly help manage the workload, improve response time and reduce the backlog of cases. Said individual could also be a trained contract employee, but with the expected arrival of new fraternities, it appears that addressing these violations this could be an on- going process. 1 In summary, recommend staff be directed to: 1. Cease work on establishing an overlay zone for fraternities and sororities. 2. Provide additional staff training as needed to ensure proper completion of required paperwork. 3. For properties where our land use regulations are violated and neighborhood livability for residents, both homeowners and renters, is disrupted: a. Hire an additional Code Enforcement Officer (or trained contract employee) to address these properties. b. Create a project plan and standard operating procedures. c. Encourage regular coordination and cooperation between SLOPD and Code Enforcement to address these properties. Thank you for your time and consideration of this important neighborhood matter. Sincerely, Sandra Rowley Chairperson, RQN Attachment: MC 9.12.040, 9.12.050 ------------------------------------------------------------------------------------------------------------------------------------------------------------------ --------------- Municipal Code 9.12.040 General noise regulations. Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to wilfully or negligently make or continue, or cause to be made or continued, or permit or allow to be made or continued any noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitivity in the area. (emphasis added) No permit shall be issued for any activity that may violate this section. The factors which may be considered in determining whether a violation of the provisions of this section exists include, but are not limited to, the following: A. The sound level of the objectionable noise; B. The sound level of the ambient noise; C. The proximity of the noise to residential sleeping facilities; D. The nature and zoning of the area within which the noise emanates; E. The number of persons affected by the noise source; F. The time of day or night the noise occurs; G. The duration of the noise and its tonal, informational or musical content; H. Whether the noise is continuous, recurrent or intermittent; I. Whether the noise is produced by a commercial or noncommercial activity. Municipal Code 9.12.050 Prohibited acts. A. Noise Disturbances Prohibited. No person shall make, continue or cause to be made or continued, or permit or allow to be made or continued, any noise disturbance in such a manner as to be plainly audible at a distance of fifty feet from the noisemaker; provided, nothing in this section shall be construed to prohibit any noise which does not penetrate beyond 2 the boundaries of the noisemaker’s own premises or does not constitute an unreasonable disturbance to people lawfully on said premises. B. Specific Prohibitions. The acts, as set forth in this section, arid the causing or permitting thereof, are declared to be in violation of this chapter. 1. Radios, Television Sets, Musical Instruments and Similar Devices. Operating, playing or permitting the operation or playing of any radio, television set, phonograph, drum, musical instrument, or similar device which produces or reproduces sound: a. Between the hours of ten p.m. and seven a.m. in such a manner as to create a noise disturbance across a residential or commercial real property line or at any time to violate the provisions of Section 9.12.060 of this chapter, except for activities for which a exception has been issued by the noise control office. b. In such a manner as to exceed the levels set forth for public space in Table 1 of Section 9.12.060 of this chapter, measured at a distance of at least fifty feet (fifteen meters) from such device operating on a public right-of-way or public space. 2. Loudspeakers (Amplified Sound). Using or operating for any purpose any loudspeaker, loudspeaker system or similar device between the hours of ten p.m. and seven a.m., such that the sound therefrom creates a noise disturbance across a residential real property line (emphasis added), or at any time violates the provisions of Section 9.12.060 of this chapter, except for any noncommercial public speaking, public assembly or other activity for which an exception has been issued by the noise control office. 3