HomeMy WebLinkAbout03-17-2015 Public Comment WalkerSubject: FW: 'St. Fratty's Day' on Hathway
Attachments: DOUG DAVIDSON Fredericks Objection to Proposed Development.docx; st fratty
day.mp4
COUNCIL MEETING: 3 -1.1 -1
ITEM NO.:_ _(,prYIKl'T
---- - - - - -- Forwarded message ---- - - - - --
MAR 0 9 2015
From: Kathie Walker <kathiewalkerslo(a)gmail.com>
Date: Sun, Mar 8, 2015 at 9:40 PM
Subject: 'St. Fratty's Day' on Hathway
To: jmarx&slocity.or g, jashbaug- (a)slocit r�org, cchristi(a)slocity.org, dcarpent&slocity.org,
"drivoire(&,,slocityorg" <drivoire(&slocity.org >, klichtig(&slocity.org, "Codron, Michael"
<mcodron(c slocity.org >, sgesellkslocity.or , cstaley(a,slocity.org, ekinsley(i�calpoly.edu
Good Evening,
My husband, children and I live on Fredericks between Hathway and Kentucky. My husband was working this
weekend so was not home when I was awoken by the noisy riot in our neighborhood on Saturday morning. It
was frightening to look outside and see uncontrollable mobs of people. In light of the event, I have attached a
letter I sent to Community Development Deputy Director, Doug Davidson, and Director, Derek Johnson, on
October 1, 2014 regarding the problems in our neighborhood, including the out -of- control parties which are
commonplace. As noted in my letter, our impression was (and is) that law enforcement does not take this
problem seriously. The craziness ensues nearly every Thursday, Friday and Saturday yet according to the City's
records, very few violations are issued.
In relevant part. my letter stated:
"After moving into our house in 2009, it became apparent that we live on a street that is a hotbed of noisy
student parties riddled with parking and traffic problems. The Victorian home next door at 1267 Fredericks was
sold to a developer who rented it to five students. The family across the street moved out shortly after we moved
in due to the noise in the neighborhood and the constant stream of speeding traffic.
"Fredericks Street provides the only thoroughfare between California Boulevard (via Hathway) and Grand
Avenue, and cars travel at a high rate of speed along the stretch between Hathway and the top of the hill on
Fredericks. Several animals have been hit and killed in front of our house including our own pet cat, Lily. We
determined it was unsafe to allow our children to play near or cross Fredericks Street....
"I believe we are the only owner /occupants on our block. The professors and retired folks our Realtor spoke
about when we purchased the property live a couple blocks away, mostly `up the hill' in our Alta Vista
neighborhood. In truth, those people would not tolerate the raucous parades of intoxicated students that
invade our neighborhood each weekend. At times, it is surreal and resembles Bourbon Street in New
Orleans.
"The police patrol the area but there is a complacency that comes with enforcing `the quiet enjoyment' in our
immediate neighborhood. It seems as though it is expected that the students will be partying and loud here,
or perhaps it is due to the fact that nearly every property on the block is occupied by students so few calls are
made to the police. In any case, not much is done to prevent the mobs that congregate on Fredericks between
Kentucky and Hathway. I have called the police on some occasions and the dispatcher has told me that they
are aware of the problems and are responding, yet the noise continues. We have resorted to running fans in
both bedrooms at night to drown out the noise from the nearby parties that occur on most Thursday, Friday
and Saturday nights. Inevitably, our front yard is littered with bottles, cans and cups every weekend. "
Despite my letter, Mr. Davidson approved a High Occupancy Use Permit next door to our home. Developer
Sanjay Ganpule (Stalworks, Inc.) had plans to demolish the existing 3- bedroom Victorian and replace it with a
7- bedroom mini -dorm. The Victorian house has since been added to the City's historical properties list so Dr.
Ganpule plans to demolish a portion of the back of the house and add a 2 -story structure that includes four
additional bedrooms. An appeal has been filed and the project is still under review.
My family urges the City's leaders, law enforcement and Cal Poly administration to take a serious look at the
existing problems associated with the neighborhoods that are located in direct proximity to Cal Poly. The "St.
Fratty's Day" party was larger in scale than other weekend parties, but huge crowds invade this neighborhood
nearly every weekend. It is a continual problem that is treated like the 'elephant in the room' and is ignored!
My gut feeling is that our City leaders are afraid to confront Cal Poly and insist that it take some responsibility
for their student population. This should not just be the City's problem.
- Fraternities and sororities should be moved onto the Cal Poly campus Probation does not work and their
"houses" continue to negatively impact our neighborhoods. Cal Poly should absorb the City's resources
expended on problems associated with fraternity and sorority residences.
- Community Development should actually enforce the ordinance that limits 5 adults to a dwelling and
obviously not allow students to live in converted garages. It is not surprising to hear that a student was living in
the garage that collapsed.
-Law enforcement should issue citations and not merely warnings for noise and party violations. Only a handful
of citations were issued on Saturday despite a crowd of about 3,000 partyi�ngyouun adults.
-Cal Poly needs to stop increasing the admissions of students each year until it is willing to house those
students and provide more classes to enable students to graduate within four years. Many college students I
know have been unable to graduate on time because classes are so impacted. They have to wait until the classes
are offered again and hope to get in so they can graduate.
This year was the FIFTH annual St. Fratty's Day party. The only reason it garnered any attention this year is
because a roof collapsed, it was captured on video, and due to social media it made international news. Last
year's event was featured on Buzz Feed. A girl fell off of a roof then but it didn't make the news. Every year it
starts at 4 am. The plans for each year's party is advertised on social media. How was this missed by local law
enforcement agencies?
Please use this unwanted publicity that is negatively highlighting San Luis Obispo and Cal Poly as a
springboard to begin taking the problems in our Cal Poly neighborhood more seriously. As a community, we
are willing to pitch in and do our part. Cal Poly needs to offer more than just lip service and the City needs to
stand behind its residents to support the wellness of our neighborhoods.
Sincerely,
Kathie Walker
Kathie Walker
1269 Fredericks Street
San Luis Obispo, CA 93405
October 1, 2014
Doug Davidson, Director
San Luis Obispo Community Development
919 Palm Street
San Luis Obispo, CA 93401
RE: Alta Vista Neighborhood District
1267 Fredericks Street, San Luis Obispo
Dear Mr. Davidson,
I am writing to you regarding the proposed development at 1267 Fredericks Street and the Alta
Vista Neighborhood District. My husband, Steve and I own and live the house at 1269 Fredericks Street,
next door to the proposed development. I feel fortunate to have the opportunity to own a home in San
Luis Obispo. I grew up spending summers at my grandparent's creek -side house at 1333 Johnson
Avenue, while my great- grandmother lived in the small house on the same property until she was 98
years old. My mother was raised here and met my father at Cal Poly in 1960. After I graduated from
high school in the early 1980's, I moved to San Luis Obispo to attend college and work. With strong
family roots and wonderful memories, I consider San Luis Obispo to be my home.
After moving away in the mid- 1990's I was able to return in 2006, eager to introduce Steve to
my beloved hometown. In August 2009, we purchased our home at 1269 Fredericks Street, where we
live with our two young sons. I am a stay -at -home mom and Steve is a commercial pilot. The small 2-
bedroom house at the front of the property and smaller 1- bedroom cottage at the back of the property
were student rentals for decades and had fallen into disrepair. But there is a lovely view of Cerro San
Luis Mountain from the back deck and we saw the potential to make the house our family home.
We were aware that the property is located near Cal Poly and were assured that our
neighborhood includes college professors, retired folks, business professionals and students alike. We
met a family with small children who was renting a house across the street from us, and a graduate
student who was renting a small home next door to the east. We were informed that the large Victorian
house next door to the west (1267 Fredericks) was owned by a family. We were excited to have the
opportunity to own a home here in the Alta Vista Residential District of San Luis Obispo.
After moving in, we began updating our property. We found ideal tenants, a professional couple
who worked at Cal Poly and leased our back cottage to them. Once we moved into the 2- bedroom house
we realized it was infested with rats so we removed the contaminated wall board and insulation. We
found substantial damage in the small kitchen and ended up removing it completely. In the midst of
renovations, Steve was catastrophically injured in an aviation accident. Injuries to his head, neck and
spinal cord left him bed - ridden, unable to work.
After his accident, our family's focus shifted to surviving: Keeping our home, improving Steve's
health and providing some normalcy for our sons. Steve was treated at Stanford and after two years of
intensive rehabilitative physical therapy he returned to work in 2012. However, a few months later his
airline furloughed all of their pilots and went out of business. We had depleted our savings and
accumulated substantial debt due to Steve's unemployment and medical treatment. Fearing the
possibility of losing our home, we made the difficult decision to file bankruptcy in 2013.
Fortunately, Steve found employment with an Emergency Medical Services (EMS) operation
based in El Paso, Texas in 2013. Prior to flying for the airlines he was an EMS helicopter pilot, so he
was grateful for the opportunity to return to a rewarding profession. For the past year he has commuted
between El Paso and San Luis Obispo whenever possible. In July 2014, he we was able to transfer to the
EMS base at Ft. Hunter Liggett and works a 7 -day on/7 -day off schedule. So, after five long years, we
are finally able to continue with our original plan to transform our neglected property into our family
home.
After moving into our house in 2009, it became apparent that we live on a street that is a hotbed
of noisy student parties riddled with parking and traffic problems. The Victorian home next door at 1267
Fredericks was sold to a developer who rented it to five students. The family across the street moved out
shortly after we moved in due to the noise in the neighborhood and the constant stream of speeding
traffic.
Fredericks Street provides the only thoroughfare between California Boulevard (via Hathway)
and Grand Avenue, and cars travel at a high rate of speed along the stretch between Hathway and the top
of the hill on Fredericks. Several animals have been hit and killed in front of our house including our
own pet cat, Lily. We determined it was unsafe to allow our children to play near or cross Fredericks
Street.
Our tenants were harassed by transients in Hathway Alley who trespassed and slept on their
deck, as well as a constant stream of people who rummage through the trash bins and dumpsters that line
the alley. Unfortunately, Hathway Alley is exempt from the City's trash container ordinance, so it
provides a ripe opportunity for individuals collecting bottles and cans during all hours of the day and
night. The alley is also dumping ground for discarded furniture, tires, and other junk.
I attempted to work with the City's Neighborhood Services to clean up the alley, but due to the
constant turnover of the student population it was an exhausting and unsuccessful endeavor. I finally
began cleaning up the alley myself, taking loads of junk to the dump with our utility trailer. A few
months ago our utility trailer was stolen from our property. Aside from the theft of our trailer, we have
had expensive patio furniture, bicycles, tools, and $3,000 worth of lumber stolen since we have lived
here. None of the property was covered by insurance due to our deductible.
Despite these hurdles, I have held onto the hope and belief that we will be able to enact change
for the better in our neighborhood. I felt that I would have energy to devote to the cause once Steve was
employed and our lives stabilized. For the most part, our neighbors have been great. Last October our
family carved pumpkins on our front patio with a student neighbor who lived in the cottages next door to
the east, at 1273 Fredericks Street. We appreciate that we have been able to establish open
communication and mutual respect with most of the students who live in our immediate proximity over
the years. However, we have also faced some fairly significant problems.
I believe we are the only owner /occupants on our block. The professors and retired folks our
Realtor spoke about when we purchased the property live a couple blocks away, mostly `up the hill' in
our Alta Vista neighborhood. In truth, those people would not tolerate the raucous parades of intoxicated
students that invade our neighborhood each weekend. At times, it is surreal and resembles Bourbon
Street in New Orleans.
The police patrol the area but there is a complacency that comes with enforcing `the quiet
enjoyment' in our immediate neighborhood. It seems as though it is expected that the students will be
partying and loud here, or perhaps it is due to the fact that nearly every property on the block is occupied
by students so few calls are made to the police. In any case, not much is done to prevent the mobs that
congregate on Fredericks between Kentucky and Hathway. I have called the police on some occasions
and the dispatcher has told me that they are aware of the problems and are responding, yet the noise
continues. We have resorted to running fans in both bedrooms at night to drown out the noise from the
nearby parties that occur on most Thursday, Friday and Saturday nights. Inevitably, our front yard is
littered with bottles, cans and cups every weekend.
The property that has had the greatest impact on us is located next door at 1267 Fredericks
Street: the 3- bedroom Victorian house that was sold to a developer shortly after we purchased our
property. It has exclusively been a student rental since we have lived here, with 4 to 5 tenants occupying
the residence at a time. Parties are common at the house and it is a usual pit stop for the parade of
students that traverse up and down Fredericks during the weekend or other holidays like Cinco de Mayo.
Steve and I have introduced ourselves to each group of students that move into the house with the hope
that we can facilitate communication and cooperation.
Due to the close proximity of our respective properties, noise is an issue. If we are outside or
have the windows open, we can hear their conversations and I'm sure they can hear ours. We tolerate
parties to an extent, but when they become excessively loud or profane we seek out one of the tenants
and ask them to dial it down.
On one occasion I was confronted with profanity by one of their intoxicated guests in the front
yard. My children witnessed the situation as he told me to f - -- off. On another occasion my children
were jumping on a trampoline in our backyard during the afternoon while the tenants of the subject
property and their guests were drinking in their back yard. My children and I heard them using
offensive language including the `fuck,' `faggot,' and `nigger.' I asked one of the tenants to be sensitive
to the children and stop using such language. It only added fuel to the fire as one guest yelled `Fuck
that!' and the group laughed. I ended up taking my children and leaving our house for the rest of the day.
On yet another occasion when a party was especially loud I called the police. An hour later, I found a
large boulder had been moved from our yard into our driveway, blocking my ability to move my car. A
police officer helped me move the boulder to enable me to back out.
I finally decided to locate and contact the owner of the property. Ironically, he lives in a rural,
quiet area in Templeton. I called him, introduced myself, and explained the problems we were facing
with his property. He was brusque and unconcerned. I told him that he could potentially be liable for
fines if his tenants were issued a noise violation citation. He said that he would simply pass the fine
along to the tenants. He did not want to be bothered with the situation and directed me to contact his
property manager.
Last month a new batch of students moved into the house at 1267 Fredericks Street. During the
first week of school they set up a barbeque pit in their front yard and hosted late night parties with
dozens of students drinking in the front and back yards. We geared up for yet another year of
acclimating to a new round of students in the house.
On Saturday, September 27, 2014, we found a business card from Police Officer Adam Stahnke
on the windshield of our vehicle, which was parked in front of our home. He wrote: "Someone hit your
car last night. We caught them. Call our records dept. for the report." (Attached) It turns out an
intoxicated student hit our car then tried to evade the police and was caught.
That same day we received a pink postcard from the City of San Luis Obispo which indicates
that owner /developer of the house next door is seeking to expand the 4- bedroom house into a 7- bedroom
house, with a variance "to allow a high- occupancy residential use for seven persons where otherwise a
maximum of five persons is allowed, on a potentially- contributing historic property in the Medium
Residential (R -2) zone, including a categorical exemption from California Environmental Quality Act."
My heart sank.
Steve and I went to the City and a planner showed us the proposed house plans and elevations.
We were stunned to see that the development includes a two -story addition to the back of the house that
looks directly into our house and backyard. The addition also blocks our solar access from the west and
directly blocks our view of Cerro San Luis Mountain, which is one of the primary reasons we decided to
purchase our property. Allowing such an addition to an already enormous house strips us of any privacy
whatsoever. We find this to be unacceptable. This is our home. We are not transitional tenants who
can opt to move. We own and live in this property. We purchased it as our residence, to raise our
children and retire here.
Although our house is quite small, our ultimate goal is to create a home that encompasses the
indoor /outdoor living afforded by the climate and lifestyle in San Luis Obispo. The proposed
development of a mini -dorm next door robs us of our opportunity to do so. Further, it is not consistent
with the City's General Plan, the Community Development Guidelines or the City's commitment to its
citizens to promote neighborhood wellness.
The San Luis Obispo City's General Plan states: "New buildings will respect the privacy and
solar access of neighboring buildings and outdoor areas, particularly where multistory buildings or
additions may overlook backyards of adjacent dwellings." (San Luis Obispo General Plan, Chapter 1
Land Use, Section 2.2. 10 B. Privacy and Solar Access)
The planner we spoke with at the City referred us to Kyle Bell, the planner who is presenting this
project at the Administrative Hearing on Friday, October 3, 2014 at 2:30 p.m. Kyle was empathetic but
told me that the developer is able to meet the parking requirements due to access from Hathway Alley
which provides four additional spaces, as well as the other requirements necessary in order to have a
variance granted. He also said that the City's Community Development Guidelines are "objective and
open to interpretation" leaving the possibility open that the project will be approved.
Our conversation prompted me to do some research regarding our neighborhood. The former
owners of our property at 1269 Fredericks Street lived in Rancho Palos Verdes, CA but their children
attended Cal Poly. There were four students living on the property, including the owner's child, before
we purchased it. Records from the San Luis Obispo Police Department reveal the following:
-Prior to the time we purchased the property at 1269 Fredericks Street, police responded to 22
incidents, mostly related to noisy parties. (Attachment)
- Police have responded to 25 incidents at the subject property at 1267 Fredericks Street, mostly
for noise issues. (Attachment)
-A nearby residence at 1340 Fredericks Street has 5 bedrooms. Police have responded to 38
incidents at that property, mostly related to noisy parties. (Attachment)
- Police have responded to 26 incidents in Hathway Alley, mostly related to parking problems or
suspicious activity. (Attachment)
It is difficult to imagine that these statistics would be acceptable anywhere. The proposed
development to increase the size from four seven bedrooms, will only further these statistics and should
be denied. Allowing a variance for occupancy greater than current regulation of five unrelated adults
will increase the extensive problems and nuisances currently experienced in our already burdened
neighborhood. The proposed development will diminish the comfort, quality and enjoyment of our lives
and the neighborhood as a whole.
Aside from the direct effect the development will have on us as owner /occupants of our property,
it will set a precedent for other properties that back up to Hathway Alley. Many of those properties have
the ability to provide additional parking by accessing the alley. Thus, each property owner is potentially
able to obtain the same variance sought by the current developer. When one adds the number of
available parking spaces in the front driveway to the additional parking spaces available by accessing
the alley, it provides enough parking to "legally" allow seven bedrooms. The inference is made that one
should then be allowed to increase their occupancies to a density higher (than regulatory limit of five
unrelated adults per residence) because they have the extra parking spaces available. This conclusion is
flawed and inconsistent with the reasoning behind the five adult per household limitation, which was
enacted to control overpopulation of student rentals. The regulation limiting five unrelated adults per
residence should be enforced and the extra parking provided by the alley should be celebrated.
This afternoon I snapped a few photos of the alley and have attached them to this letter. It's a
random sampling of the continuing problems we face. As you can see, some of the cars encroach into
the alley. Students park in tandem so the tail end of some cars encroach into the alley. Two large trucks
encroach into the alley area outside of a newer garage. The students have put down carpet inside of that
garage and use it as a lounge. (They were partying inside the garage while I took this photo which is
why the garage door is not completely closed, to allow them ventilation on this warm afternoon.) The
problem is often much worse, but these photos illustrate the parking issues related to Hathway Alley.
The issue of increased trash in Hathway Alley introduces yet another problem which would be
exacerbated with the addition of more trash bins or even worse, a dumpster to the alley. I took some
photos this afternoon of the trash in the alley. Yesterday was our trash service, so the bins and dumpsters
are generally empty. However, the dumpsters are usually overflowing and surrounded by discarded
items and trash. As you can see, despite having just been serviced, unsightly trash still remains and the
trash bins are scattered in the alley.
A dumpster already butts up to our property line to the east and the overflow of trash and other
junk ends up on our back driveway. The trash and recycle bins in the alley are often toppled over after
the weekend, as people from outside of our neighborhood forage through them for bottles and cans. In
2011, I read a Letter to the Editor in the Tribune which pointed out the irony of the implementation of an
extreme trash can ordinance when areas around Cal Poly look like "a refuse center." He urged the
readers to take a drive up Hathway Alley in San Luis Obispo to make his point. (Attached) This issue
has been brushed aside by the City since we purchased our property in 2009. It surely won't be solved
by increasing the density of an already populated residential neighborhood.
Finally, the proposed development of the property at 1267 Fredericks Street is not consistent
with the existing homes in the neighborhood. With the exception of the condominium complexes on the
block that pre -date the present zoning, our neighborhood consists of low profile bungalows with two to
four bedrooms. The subject property at 1267 Fredericks is by far the largest home on our block. Its steep
roofline towers over the other homes in our neighborhood and is the approximate height of a two -story
dwelling, (See attached photos) The proposed addition to the back of the structure is even higher than
the existing roof peak of the house. It is gigantic and disproportionate to every other house on the block.
The General Plan states: "Housing built within an existing neighborhood should be in scale and
in character with that neighborhood. All multifamily development and large group- living facilities
should be compatible with any nearby, lower density development." (San Luis Obispo General Plan,
Chapter 1 Land Use, Section 2.2. 10)
"New Buildings should respect existing buildings which contribute to neighborhood historical or
architectural character, in terms of size, spacing, and variety." (San Luis Obispo General Plan, Chapter
1 Land Use, Section 2.2. 10 A.)
The proposed high density development in our neighborhood is contradictory to the goals set
forth in the City's General Plan and Community Development Guidelines. It diminishes a safe,
comfortable quality of life for our family and our neighborhood. Therefore, I urge the City to deny the
applicant's request.
Sincerely,
Kathie Walker
Owner /Occupant of 1269 Fredericks Street, San Luis Obispo, CA 93405
(805) 543 -9661
Attachments
cc. Derek Johnson, Jan Marx, John Ashbaugh, Dan Carpenter, Carlyn Christianson, Kathy Smith