HomeMy WebLinkAbout09/19/1989, 3 - U1449B: APPEAL OF THE PLANNING COMMISSION'S ACTION DENYING A USE PERMIT TO ALLOW A FRATERNITY HOUSE .r MEETING DATE:
City Of San LUIS OBISPO i 9-19-89
COUNCIL AGENDA REPORT ITEM NUMBER:
FROM: Randy Rossi, Interim Community Development Director By: Judith Lautner,�k
SUBJECT:
U1449B: Appeal of the Planning Commission's action denying a use permit to allow a
fraternity house near the northeasterly corner of Foothill Blvd. and Ferrini Road.
CAO RECOMMENDATION:
Adopt a resolution upholding the Planning Commission's action and denying the appeal.
BACKGROUND
Discussion
The applicants have been living at the site for more than a year, and for most of that
time operating as a fraternity without a use permit. The city received complaints about
the use in August 1988 and requested the fraternity to make an application. The
fraternity responded in a letter (attached) that they were preparing an application.
After several months passed and no application was received, and after receiving
additional complaints that the apartments at the site were continuing to be-used as a
fraternity and that the behavior of the residents was objectionable to the neighbors, the
City Attorney cited the residents for a zoning violation. The court heard the case in
April 26, 1989, and fined the members for operating as a fraternity without a use permit
and placed it on probation for one year. One requirement of that probation was that the
fraternity apply for a use permit within 30 days of the April date. The applicants
applied on June 6, 1989, about six weeks after the judge's action. The Planning
Commission held a public hearing on the use permit on August 9, 1989.
The site contains two apartments separated by a garage. The use permit application
includes plans to remodel and add to the apartments, and to construct a parking lot at
the rear. The site and remodelling plans, along with the applicants' proposal to house
twelve occupants at the site, meet the city's zoning regulations for parking and
occupancy.
The Planning Commission heard testimony from several neighbors and owners of adjacent
property. Much of the testimony related specific problems, caused by the fraternity
members, with parking, noise, and disruptive behavior. The neighbors also offered
evidence that the house has been operated as a fraternity house for approximately one
year.
Testimony was also given by citizens, who do not live or own property near the site,
about the history of this particular fraternity. The fraternity previously had a use
permit for a house on Palm Street. After several complaints and review hearings, the
Planning Commission revoked that use permit. On appeal, the council took no action on
that use permit because the fraternity was moving out.
Based on public testimony, the Planning Commission found the use incompatible with the
neighborhood and a threat to the health, safety, and general welfare of persons living or
working nearby, and denied the use permit. Staff is recommending that the council uphold
the commission's action by denying the appeal.
111111111 ll1 I "J ( — MEETING DATE:
Nia;pa��l� c� o san'iuis oBispo
COUNCIL AGENDA REPORT nEM NUMBER:
Page 2
SIGNIFICANT IMPACTS
The proposed use is categorically exempt from CEQA (Class 1, section 15301): The project
includes an addition to existing structures of not more than 50% of the existing floor
area, or more than 2500 square feet.
CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION
If the council upholds the appeal, the fraternity use permit will be granted, with or
without conditions limiting the use.
Data summary
Address: 720 and 726 Foothill Blvd.
Applicant: Alpha Upsilon Fraternity, Inc.
Representative: Scott C. Moran; Appellant: Jens Wessel, President, Alpha Upsilon
Property owner: Alpha Upsilon Alumni Corporation
Zoning: R-4
General plan: High-density residential
Environmental status: Categorically exempt - Class 1, section 15301: project includes
an addition to existing structures of not more than 50% of the
existing floor area, or more than 2500 square feet.
Project action deadline: January 28, 1990
Site description
The site is a large (11,375 square feet) L-shaped lot containing two one-story apartment
buildings, connected by a garage. The buildings are set back about 17' from the front
property line. Most of the front yard is taken up by asphalt, used for parking. The
rear yard is fenced, and contains a small concrete pad and grasses. The site is
essentially surrounded by apartments on three sides, and is across the street from a
shopping center.
Proiect description
The project is to be done in two phases: In phase one, the garage would be removed, a
parking lot for twelve cars would be constructed behind the apartments, and the
apartments would be remodelled to provide six bedrooms, two bathrooms, a living room and
kitchen. In phase two, the buildings would be remodelled again, and an upper floor
added. The end result would be a building with six bedrooms, five bathrooms, two
kitchens, a "chapter room" and living room.
PREVIOUS REVIEW
The Planning Commission reviewed this request on August 9, 1989, and denied it, based on
the following findings:
1. The proposed use will adversely affect the health, safety, or welfare of persons
living or working on the site or in the vicinity.
MEETING DATE:
city of San tuts OBispo
ITEM NUMBER:
COUNCIL AGENDA REPORTU 1449b
Page 3
2. The use is not appropriate at the proposed location and will not be compatible with
surrounding development.
Staff's recommendation to the Planning Commission was to approve the use for residential
use and small meetings only, given that the site could meet ordinance requirements. At
the commission's hearing, however, public testimony as to recent fraternity actions,
including rush activities, noise, disruptive behavior, unauthorized use of private
parking.spaces, and continuing lack of maintenance of the property, convinced staff that
the fraternity use is not compatible with the neighborhood. Anticipating heightened
fraternity use if this permit is approved, staff, therefore, concurs with the Planning
Commission's action.
EVALUATION
Staff suggests the council consider-
1.
onsider1. Occuoancv requirements. The zoning regulations set limits on the number of persons
that may live in group housing. The maximum number allowed in the R-4 zone is 55
persons per acre. The maximum allowed on this site, then, is
11,375 square feet/43,560 SF per acre = 0.26 acre
0.26 acre X 55 = 14
The applicants want to have twelve residents. The occupancy limit is therefore not
exceeded.
2. Parking requirements. The zoning regulations require one space per 1.5 residents, or
1.5 spaces per bedroom, whichever is greater, for this use. The requirement,
therefore, is
1.5X6 = 9 or 12/1.5 = 8
Therefore, the parking requirement is 9 spaces.
The applicants propose to construct 12 spaces on the lot. Therefore, the requirement
is met, and would be met with the maximum occupancy of 14, also. Parking for large
gatherings is not available, however. This topic is discussed further below, under
"meetings".
3. Meetings, The applicants want to use the house for general membership meetings and
special events. Staff is concerned with this part of the request for two reasons:
' Noise and objectionable behavior. Any large gatherings are likely to cause
noise problems for the neighbors (and already have). Parties where alcohol is
served often result in situations that cannot be controlled by the fraternity
leaders, and are disturbing to the neighborhood.
' Parking. On-site parking will be provided for the residents. Three
additional spaces will be available as well. However, there is not adequate
parking either on-site or nearby for large gatherings.
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Mi;I�I�ICl O San lUl S OBISPO
COUNCIL AGENDA REPORT Imo"NUMBER:
Page 4
At the Planning commission hearing, the fraternity representative said that the
parking lot across the street (Foothill Plaza) has been used for parking for large
gatherings. No permission from the shopping center's owner; nor any city approvals,
have been requested or granted for this use. Neighbors of the site expressed
concerns with the safety of visitors crossing Foothill Boulevard, even if such an
arrangement were approved. Some of the neighbors noted that their parking lots have
been used for fraternity members and guests without their permission.
For these reasons, staff cannot support using the house for general membership
meetings or large parties.
4. Neighborhood nrosram. The Planning Commission, in its approval of three sororities
in the recent past, and of one fraternity, has required "neighbor relations plans".
These plans include a requirement to distribute telephone numbers of responsible
persons to all neighbors surrounding the house, and for announcements to these
neighbors of all special and regular events. Staff recommends that if the council
approves the use permit, such a plan be required in this case, as the site is
surrounded by high-density development. A copy of such a plan, approved for a
sorority, is attached.
5. Existing buildings. At present, the site contains two apartments, separated by a
garage adequate for one car. The residents park their cars on the paved front yard.
Including the garage and the concrete area in front, there may be space available at
present for two legal parking spaces, in tandem. The paved area is not approved for
parking. Staff has been unable to determine when the paving was installed, but notes
that parking in the streetyard is not allowed. The present condition therefore does
not meet the parking requirement for a fraternity.
If the use permit is approved, staff recommends a condition be attached that the use
permit will not be effective until phase one of the project is complete. Until that
time, the buildings may be used as residences only.
ALTERNATIVES
1. The council may deny the request, as recommended by staff and the Planning
Commission, if it makes findings to support a denial.
2. The council may approve the use, subject to conditions suggested by staff or with
modifications to those conditions. Staff suggests that if the council prefers to
approve the use with regular chapter meetings at the house, the council should add
the following:
Conditions:
a. The applicant shall submit a parking management plan to address parking for
large gatherings, to the approval of the Community Development Department
staff. Failure of members of the fraternity and invited guests to adhere to the
approved plan may be grounds for revocation of this use permit. All group
gatherings involving more than 16 persons shall be held offsite until the
parking management plan is submitted to and approved by the Community
Development Director, and is in effect.
MEETING GATE:
'111111111111110111 city Of San tins OBISPO MEM
N"ACOUNCIL AGENDA REPORT NU` `
U 1449B
Page 5
b. A maximum of 70 persons, or a lower number if so determined by the Fire Marshal,
may occupy the site at any one time. This occupancy limit shall be posted in
the building at a location satisfactory to the Fire Department.
C. This use permit shall be reviewed in one year. At that time, conditions may be
added or modified, or the use permit may be revoked.
3. The council may continue the request, if additional information is needed. Direction
should be given to staff and the applicants.
RECOMMENDATION
Adopt a resolution upholding the Planning Commission's action denying the use permit, and
denying the appeal.
If the council chooses to approve the use permit, staff has attached a resolution with
suggested findings and conditions.
i'
Attached: Vicinity map -
Draft resolutions
Applicant's statement
Letter from fraternity noting intent to file use permit application
Planning Commisssion minutes - August 9, 1989
-Appeal
Sample neighbor relations plan
JL7:u 1449cc
1
i
RESOLUTION NO. (1989 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S ACTION
DENYING A USE PERMIT FOR A FRATERNITY AT 720 - 726 FOOTHILL BOULEVARD
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings That this council, after consideration of the use permit
request U 1449B, and the Planning Commission's action denying that use permit, staff
recommendations and reports thereon, makes the following findings:
1. The proposed use will adversely affect the health, safety, or welfare of persons
living or working on the site or in the vicinity.
2. The use is not appropriate at the proposed location and will not be compatible with
_ surrounding development.
SECTION 2. The request for approval of the appeal and use permit "request U 1449B is
hereby denied.
On motion of seconded by ,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day of
1989.
Mayor
ATTEST:
City Clerk
Resolution No. (1989 Series)
U 1449B
Page 2
APPROVED:
City dministrative Officer
City Attorne
Community Development Director
JL7:res l 449
RESOLUTION NO. (1989 SERIES)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN APPEAL OF THE PLANNING COMMISSION'S
ACTION DENYING A USE PERMIT TO ALLOW A FRATERNITY
AT 720 AND 726 FOOTHILL BOULEVARD (U1449B)
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this council, after consideration of Public Testimony,
the use permit request• U 1449B, and the Planning Commission's action denying that use
permit, staff recommendations and reports thereon, makes the following findings:
1. The proposed use will not adversely affect the health, safety, or welfare of persons
living or working on the site or in the vicinity.
2. The use is appropriate at the proposed,location and will be compatible with
surrounding development.
3. The proposal conforms to the general plan and meets zooning ordinance requirements.
4. The proposed use is exempt from environmental review.
SECTION 2. The appeal is granted and use permit request U 1449B is hereby approved.
SECTION 3. That approval of the use permit shall be subject to the following
conditions:
Conditions:
1. This use permit shall not take effect until "phase one" improvements have been
completed and accepted by the city.
2. Occupancy shall be limited to the Alpha Upsilon fraternity unless approved by the
Planning Commission.
3. No more than twelve people shall live at the house at any time.
4. The applicant shall allow the city to verify occupancy of the house by allowing an
inspection of the records or by a visual inspection of the premises. Any inspection
shall be at a reasonable time and shall be preceded by a one-hour notice to the
residents.
5. The site shall be.maintained in a neat and orderly manner, to the satisfaction of the
Community Development Department. All plant materials shall be maintained and
replaced as needed.
6. If a reasonable complaint, as determined by the Community Development Director, is
received in writing by the Community Development Department, the complaint shall be
referred to the Planning Commission for consideration at the commission's next
available meeting.
r i
Resolution No. (1989 Series)
U1449B
Page 2
7. The Chief Building Official and the Fire.Marshal shall inspect the structure for code
compliance.
8. Events, including meetings, parties, or any other gathering of more than 20 persons
on site, are prohibited. No events involving persons other than residents living on
this site are allowed between the hours of 10 p.m. and 9 a.m.
9. The applicant.shall institute and maintain a neighborhood relations program similar
to the attached Exhibit A. This plan shall include at least the following elements:
* Annual training of all members in community relations.
• A program to .inform neighbors of upcoming meetings at the fraternity house.
* Submission of names and telephone numbers of responsible persons to the
Community Development Department and to the neighbors within two blocks of the
house. Responsible persons shall be available during all events and at
reasonable hours otherwise, to receive and handle complaints.
10. Events, including meetings, parties, or any other official fraternity function, shall
be listed on a meeting and activities schedule, submitted to and approved by the
Community Development Director in. the fall of each year. Exceptions to this schedule
must be approved by the Community Development Director. If the Director determines
the change is significant and may have an adverse impact on the neighborhood, then it
will be referred to the Planning Commission for consideration.
Evidence of implementation of said plan shall be submitted to the director for review
each year. Failure to implement said plan may be grounds for revocation of this
permit.
11. Failure to comply with any of the above conditions or code requirements, or the
conduct of the use 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 may, constitute grounds for revocation of this permit.
CODE REQUIREMENT
1. Greek letters shall be allowed on the building or fence in accordance with. the Sign
Regulations.
�3- 9
Resolution No. (1989 Series)
U 1449B
Page 3
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day of
1989.
Mayor
� ATTEST:
City Clerk
APPROVED:
ity A nistrative Officer
V
City Attorne
Community Development Director
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Date: June 6, 1989
To: San Luis Obispo Department of Community Development
From: Scott C. Moran, Alpha Upsilon Fraternity
Subject: Use Permit application for Alpha Upsilon Fraternity to operate at
720 & 726 Foothill Boulevard.
Alpha Upsilon Alumni Corporation purchased the property located at 720 and 726
Foothill Boulevard in July of 1988 as a potential site for the fraternity to operate. Alpha
Upsilon Fraternity has thirty members and hopes to provide housing for 12 members on
the site. It is intended that the site serve as alocation for weekly General Meetings,
lasting approximately one hour on Sundays from 6:00 p.m. It is also intended that the
site will serve as a location for social events, approximately three to four times per
academic quarter. These social events would consist of In-House Members and invited
guests only and would not consist of"Open Parties".
The site is presently zoned R-4 and has neighboring lots consisting of medium to high
density housing and commercial properties. In order to facilitate the Use Permit process,
Alpha Upsilon Alumni Corporation has plans to demolish a portion of one building (a
garage) in order to gain access to the backyard for parking. There are also plans to
rennovate the interiors of the existing buildings. The parking lot and the rennovations are
the first part of a two phase plan. The second phase would add a second story and further
rennovate the buildings to thier completed form. Attached are the preliminary drawings
of each phase.. The working drawings are being done by a local architect, named Robert
Richmond.
We are eager to obtain a Use Permit and will do all we can to contribute to making the
process as smooth as possible.
Thank You,
t�
Scott C. Moran
Housing Task Force Chairman
Alpha Upsilon Fraternity
The following is a list of the people representing Alpha Upsilon Fraternity in the
application process:
Scott Moran Alpha Upsilon Housing Task Force Chairman
Jens Wessel Alpha Upsilon President
Donald Kahn Alpha Upsilon Alumni Corp. Board of Directors
Robert Richmond Architect
Alpha Upsilon Fraternity Use Permit Application
f
The following is a list of neighboring lots of 720 & 726 Foothill Boulevard:
East
730 Foothill Blvd.
Single Family Residence (Rental-Students)
West
710 Foothill Blvd.
8-Unit Apartment Complex
North
140 Ferrini St.
22-Unit Apartment Complex
772 Foothill Blvd.
8-Unit Apartment Complex
South (Across Street - Foothill Blvd.)
Luckyfrhrifty Shopping Center
X3-/3
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J I1,A (aA2Dt��
October 3, 1988
City of San Luis Obispo RECCENED
Planning Department
990 Palm St. OCT Z
San Luis Obispo,Ca 93401
C.ty cf Se Ly}UMaOo
Cor..'vr:-.y Cevetocrnem -
Dear Planning Staff,
This letter is concerning Alpha Upsilon Fraternity's recent purchase of the property
located at 720 and 726 Foothill Boulevard. It has been our full intention from the start to
obtain a use permit to function at this property. This was also was a major factor in our
decision to purchase the property. We feel this location is ideal for a fraternity use due to its
zoning(R-4),proximity to Cal-Poly, and its relationship to surrounding properties. .
We have been actively working towards submitting a use permit application and
recently met with City Planning Director,Mike MultarL to discuss our possible options: Our
housing committee is currently consulting with architects on the development plans for this
parcel. In this process we hope to mitigate neighborhood concerns such as noise and parking.
There recently has been a great deal of concern over publications announcing rush
functions at this address. These flyers were printed before we realised all the problems with
holding fraternity functions at this location. This problem has been corrected,and we fully
intend to hold no functions at this address,
We are confident that we can work with the neighborhood and the city to mach a
positive solution for a fraternity use of the property. We will inform you of the progress on
our application, and we encourage you to call us with any concerns you may have.
Sincerely,
G'
Scott Moran
Vice-President
Alph Upsilon Fraternity
James Hendrickson
Housing Chairman
Alpha Upsilon Fraternity
J
DRAFT Planning Commission Minutes
August 9, 1989
3. Public Hearing: Use Permit U1449. Request to allow a fraternity house; 720 foothill
Boulevard; R-4 zone; Alpha Upsilon Fraternity, applicant.
Judith Lautner, Associate Planner, presented the staff report recommending approving of
the use permit with conditions limiting the use to residential with small meetings.
Vice-Chairman Crotser opened the hearing.
Scott Moran, 720 Foothill, applicant's representative, discussed the fraternity's
history, request, and the search for an appropriate site. He discussed the
Intrafraternity Council's procedures to handle complaints and regulate fraternal activity
and conduct. He discussed the specific.site plans.
Phillip Simon, 1510 Higuera, attorney representing Al and Elinor Bonin, discussed
neighborhood concerns about this group's behavior to date and the activities on site. He
distributed a petition of opposition, which cited concerns about increased parking needs,
activities, and gatherings, and traffic problems.
Al Bonin, 272 Del Mar Ct., discussed an increase in the amount of police calls to the
site and asked that the permit be denied. He noted that there are 10.2 apartments within
300 feet of the site and 41 more nearby.
Dennis Adams, 2020 Hope Street, was concerned about traffic, parking, and disruptive
behavior in the area.
Mary Gobel, 2766 Flora, was concerned about parking and noise problems, and the use of
loud, profane, language.
Vil Gillespie, Box 3, Rte. 298, San Luis Obispo, was concerned about increased traffic,
parking, and the incompatible use within the neighborhood. He said fraternity members
use his parking lot at 772 Foothill.
Kathryn Reed, 250 Ferrini, was concerned with traffic, parking, and loud. parties. She
felt the fraternity is too close to an existing sorority in the neighborhood.
Patrick Gerety, 793 Buchon, discussed the history of abusive behavior displayed by this
group and felt they have forfeited their right to operate in this city. He requested
denial of the permit and suggested referring the fraternity to the National Fraternity
Council or the Cal Poly Dean of Students for disciplinary action.
Terry Drinkard, 140 Ferrini #15, was opposed to the fraternity location and i.;,e use
permit request.
Kathryn Dinkard, 140 Ferrini #15, agreed that the request should be denied.
Elinor Bonin, 272 Del Mar Ct., discussed problems and complaints at her 140 Foothill
apartment complex.
DRAFT Planning Commission Minutes
August 9, 1989
Page 2
Sandy Gillespie, Box 3, Rte. 298, San Luis Obispo, felt the request should be denied
because the fraternity had operated without permits, had delayed the permit application
process, and felt the fraternity was setting an unfair precedent. She was concerned
about the non-cooperative attitude of the group.
Roy Hanff, 569 Lawrence, felt there had been several complaints about this fraternity
that had never been processed. He suggested a perf.o'rmance bonding process to protect
taxpayers and the community. .
Mr. Morin, in response to public comments, stated he felt it was unfair to judge the
present fraternity group on the past behavior of former members.
Vice-Chairman Crotser closed the public hearing.
Commr. Roalman. felt this use would affect the health, safety, and welfare of the
neighbors and supported a denial of the. permit.
Commr. Karleskint supported denial of the permit due to the impacted area and the
inappropriateness of the site, as well as the documented abusive behavior of this group
at this site in the recent past, and their apparent uncooperative attitude to date.
r Commr. Kourakis was against the permit due to the incompatibility with the neighborhood
and the fraternity's disregard for the community rights.
Commr. Hoffman agreed with Commr. Karleskint.
Vice-Chairperson Crotser felt the land use of R-4 was appropriate and the the conditions
were reasonable. He allowed that it was a new membership filing the request but was
concerned about traffic, safety, and welfare, and neighborhood compatibility..
Commr. Karleskint moved to deny the use permit due to adverse health, safety, and welfare
concerns and neighborhood incompatibility.
Commr. Roalman seconded the. motion, Resolution No. 4092-89.
VOTING: AYES: Commrs. Karleskint,.Roalman, Hoffman, Kourakis, Crotser
NOES: None
ABSENT: Commrs. Schmidt, Duerk
The motion passes.
�►il�ill��ll��ll������� �I�INN1�
city of san luis OBISPO
990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403.8100
APPEAL TO CITY COUNCIL
In accordance with the appeals procedure as authorized by Title I . Chapter
1 .20 of the San Luis Obispo Municipal Code, the undersigned hereby appeals
from the decision of Tt UiLj Pu�.1i�1�1C� CU.IM15<'jQJ rendered
on A116UST C1 , 19:'`1. which decision consisted of the following (i.e.
set forth factual situation and the grounds for submitting this appeal.
Use additional sheets as needed) :
C
1n1��cvr.1 ixs�u� c.dr.>�,s>,,,,y.Q) TL�r�
A410 vyFPuQu.i R 'C�
The undersigned discussed the decision being appealed from with:
on
Appellant:
—Rl PHFE UASI1s-4.1 -
Name/Title
ry JQis , P2
E v E o Representative
AUG 1 £S
Address
I:ITi r!EF.F;
." Lu:S CL15PO. CA
Phone
Original for City Clerk
Copy to City Attorney
2redr: Copy to City Administrative Officer
Co rtment(s) : 1
City Clerk T
i
TO: Judy Lautner DATE: October 7. 1986
FROM: Community Relations Committee,
Alpha Omicron Pi
SUBJECT: Community Relations Office and Committee. Community Relations Plan,
Meeting Information
I. Committee Relations Office and Committee - Neighborhood Plan
A. Co-chairs of Community Relations committee were appointed
September 29, 1986.
B. A Community Relations Committee of 7 members was formed. The
committee has established the following Community Relations Plan. . .
1 . Chapter Workshops
a. Community Relations Co-chairs will lead the annual work-
shops in the training of chapter members regarding community
relations.
1 . Meeting the neighbors.
2. Explanation of house rules and regulations. (eg. quiet
hours-, no alcohol , etc..)
3. Solicit recommendations for community projects and
workdays. (eg. window washing, ear washing, gardening)
4. Immediate contact available to neighbors regarding any
questions and concerns.
5. Immediate personal follovrup'in response to questions and
concerns. (eg. member of the chapter is dispatched from
the house to see neighbors in person.
. 6. Answer suggested questions and common concerns.
7. Neighborhood distribution of important information.
a.. Neighbors will be provided with phone numbers
of the House Manager, Chapter President, and
Chapter Advisor to answer to any concerns or
questions that may arise.
b. Neighbors will be provided a calendar of chapter
events each quarter. (eg. rush dates, presents,
special events)
c. Neighbors will r1ecd6ve follow-up notices one week
prior to each event.
8. A list of chapter members and their car license 9' s
will be made_ and kept at the house for any necessary
use.
EXHIBIT�►_ .
2
2. House Manager
a. One of the residents will be appointed House Manager.
She will have a variety of duties relating to the operation
and up-keep of the house.
b. House Manager will be an active member of the Community
Relations Committee and attend all meetings, which will
be held quarterly.
3. Community Service
a. Pledge Project
1 . During the fall quarter pledge period, pledges will be
expected to participate in a community project. (eg.
collection of newspapers/tin cans for recycling, neigh-
borhood car washing, weeding etc. )
2. Pledges will also participate in Workdays the first Sunday
of each month.
b. Good Neighbor Day
1 . All active members will participate in a Good Neighbor _
Day, which will be held in the spring quarter.
a. Services will include gardening., window washing and
other needed services.
b. Neighbors will be informed of community service days .
in advance to give them the opportunity to make
service requests.
4. Open House
a. Each fall quarter the chapter will host an open House
inviting the neighbors to become aquainted with the members
of Alpha Omicron Pi and express any 7uncerns that they may
have.
1 . House tour
2. Calendar events
3. Question/Answer session
4. Positive reinforcement and remedies to concerns.
5. Non-Compliance
a. Should a member be in violation of the agreed upon house
rules and regulations, there are penalty fines established
in the chapter's bylaws.
b. Alpha Omicron Pi bylaws provide for probation of a collegi1
member for failure to comply designated policies. Serious _
violation penalities include probation and suspension from
fraternal activities. ��bfT D
r
3
II. Meeting Information
A. Chapter Meetings-
1. Monday evenings between 6p.m. and 10p.m. Maximum number: 80
(currently 50)
2. Nine to ten chapter meetings per quarter; no meetings during summer
or school academic holidays such as Christmas to New Years.
B. Leaders Council- Sundays preceeding Chapter Meetings between 4:30 and
6p.m. Maximum number: 10
C. Special Events:
1. Rush Practice: Maximum number:_ 50 (//, -
M-F 9712, 2-5 1st week r//
MJtl 9-12, 2-5 2nd week / �M
2. Rush- end of WOW week A
F 11:30 am-6 pm -'
S 11:30am-6 pm 000 r
S 12:00am-6:30 pm
M 7:00 pm-10:00 pm) More formal events
T. 7:30 Dm-10:00 pm
i Maximum numbers: 50 members; 30-45 rushees per set. Members will
arrive a little earlier for .set-ups. Transportation is provided
for rushees by Panhellenic. They are brought and picked up by bus.
3: Open House for pledges and parents a Saturday in October, 1-5 pm.
Maximum: 30-35
4. Overnight Retreat- Fall quarter- pledges only. Maximum: 30-35
5. Work Days: One Saturday per month approximently 10 am to 12 pm-
coordinated with community relations projects. Number of people
dependent on chores to be done.
Estimate: 30-40.
6. Other: Open Nouse for neighbors each quarter; open house for
visiting parents-Poly Royal. Neighbors to be provided with dates
and times of events quarterly.
CJ
?7H7B1T D
0 Wn AGENDA
DATE ITEM #
To : San Luis Obispo City Council Date: Sept. 18, 1989
From : Alpha Upsilon Fraternity, Inc.
Jens F. Wessel, President
Re Request for contivance of our appeal of the City Planning Commission denial of
use permit application.
We respectfully request a continuance for our appeal hearing with the City Council.
Alpha Upsilon's legal council Mike Owens has an urgent matter to attend to and
therefore we cannot be properly represented. Thank you for your consideration.
Re7FWesselj
y Submitted By:
/G OOOCOi 20 6343 09-19-89 i0
Je Pr&SC- 1 40.00
99999999999901
20 CASH ? TOTAL 1 40.00
RECEIVE ®
SEP 1 8 146,,
C' CITY CLERK
SAN LUIS'OBISPO,CA
r
*Denotes acbm by Lead Person
IdRespond
by:
I
CAO
e0ty Atty.
O'Clerk-orig.
OR. 7'fd.35f
n
CITY CLERK
lel WA
9EETING AGENDA
ITEM # -
DATE
CHRONOLOGY OF EVENTS REGARDIMC- 720-726 FOOTHILL EOULEUAP.D
July , .1968 Fraternity purchases property
located at 720-726 Foothill Blvd .
2 units: 1-1 bdrm; 1-3 bdrm
No application for use permit .
August, 1SEB City receives complaint that the
premises may house fraternity .
August 22, 1989 Letter to Fraternity .from City:
"A Planning Commission use permit
must be appro,:ed to allow a Fraternity
at this address . If you intend to
establish such a use, you or a local
representative must apply For this
use permit immediately . I have enclosed
materials for such an application . "
September-
October, lose Fall Push week activities including
house warming party , BBQ with live music,
,jamboree, smoker, etc . announced
for week of October 6-12., 1SBB .
All activities on premises with
,jamboree sole invite only event .
Announcements displayed all over Cal Pcly
campus with colorful posters
October 1 , 1988 Owners of adjacent apartments complain
to Community De-'elopment Department re:
failure of Fraternity to have proper use
permit .
October 'f, 1966 Letter to City From Fraternity . Mentions
"recent" purchase of property (4 months) .
"It has been our full intention From start
to obtain a use permit to function at this
property . " Mentions "working towards a use
*-0errotesaGionbyLeadPorson permit application. "
ZRepond by:
ncil Addresses issue of Push week activities:
+'CAO
C ityAtty "This problem has been corrected, and we
Orcl fully intend to hold no functions at th '
address. "
F.
REC.EIY. �
° SEP 189 �'�/0p•1ti
Page three
AREAS OF CONCERN
Use permit should be denied, as the Following areas of
concern have not been properly addressed:
1 . INCREASED PARKING NEEDS: Although the Fraternity 's
proposed plan calls For the construction of additional on-site
parking, such parking would not be adequate for any gathering or
meeting involving persons other- than the residents of the
premises . Clearly, the neighboring on-street. parking will be
compromised by the increased demand caused by any such gatherings
or meetings . Although the Fraternity has agreed to limit its
• social Functions on premises , the track, record of the Fraternity
to date, as delineated above, speaks For itself regarding the
fraternity 's ability to restrict its activities as promised . It
has even been . reported that some Fraternity residents and/or
guests have been utilizing the offastreet parking From the
adjacent apartment buildings presently to solve their current
lack, of sufficient on-site parking spaces. Curbside in Front of
premises is designated as red nc-parking zone.
2 . INCREASED TRAFFIC CONGESTION: This is an area of
high density residential housing, with three apartment complexes
adjacent to the fraternity premises . The conversion of two
residential units, to wit: 1-1 bedroom unit and 1-3 bedroom unit,
into a 12 person household, will surely increase the traffic Flow
in such high density area, even assuming the occupants do not
entertain others, which invariably will occur . Ferrini Street
has now been opened through to Highland Drive, creating a
shortcut to the Cal Poly campus . The increase in occupants, all
attending Cal Poly, will increase the traffic flow on Ferrini.
towards and back From Cal Poly, creating a thoroughFare out of a
small residential street.
3 . INCREASED NOISE: As can be seen From the events
which have taken. place to date, the Fraternity 's use of the
premises has increased the noise levels late at night and has
caused concern among neighboring residents.
Page four
'f. LOITERING., ALCOHOL CONSUMPTION IN PUBLIC AND
INCREASED LIITER: The fraternity 's plans call for no
restrictions on loitering or alcohol consumption, or clean-up of
area after fraternity events . These are concerns of the
neighboring residents as it has been reported that certain
Fraternity residents and/or guests have been seen loitering about
the premises and neighborhood, drinking alcohol in public. view,
making lewd comments to persons visiting residents of the
neighboring apartments and leaving their garbage thrown• about.
The premises are in close proximity to a liquor stare, a bar and
a market where alcohol is sold.
S . UNDERAGE DRINKING: The fraternity 's plans call Por-
no supervision of activities to insure that alcohol consumption
is limited to persons over the age of 21 .
6 . USE NOT IPJ CONFORMITY WITH NEIGHBOP.HODD: This is a
residential neighborhood, with businesses to the east and a
shopping center. to the south across the street. Although- there
is a sorority on the next block, the alcohol use and noisy. party
atmosphere of a fraternity does not appear to exist there ..
There exists in close proximity to the premises in question over
100 apartment units, mostly family oriented, with elementary
school on next block. The party atmosphere of the fraternity, as
can be deduced from the events so far scheduled: by the -
Fraternity , does not coincide with the family oriented mature of,
the balance of the neighborhood.
7. 'THE FRATERNITY 'S APPEAL: The fraternity; through-
its president now complains that the decision of the planning-
commission
lanning_commission was unfair and based on misleading inEormation whichn
condemned and unfairly represented them . It does appear- that thea
Fraternity and its officers have forgotten the fads.
Page five
On August 22, 1988, Judy Lautner, an associate planner
with the City , wrote the fraternity regarding the neighbors '
concerns about the fraternity functioning at the address without
a use permit . The fraternity responded on October 4, 1988
through its vice president, Scott Moran, who indicated, "there
recently has been a great deal of concern over publications
announcing rush functions at this address. These flyers were
printed well before we realized all the problems with holding
fraternity functions at this location. This problem has been
corrected, and we .fully intend to hold no functions at this
address" . Less than 3 days later, beginning October 6th and
continuing on October 9th, 9th, 11th, and 12th, functions were
held at this address. Still without a permit, the Fraternity
continued to advertise and actually held these functions, in
total contradiction to their written advisement to the City .
Certainly , these facts are not misrepresented .
Again in the spring, 1999, still without a use permit,
the fraternity held more functions &at this address . Still
without a permit, the fraternity advertised these functions.
This is not a misrepresentation, this is a set of facts.
As a result of these facts, the fraternity was cited
For a violation . The City Filed a complaint against the
Fraternity to force them to either cease and desist from holding
Fraternity functions at the address or obtain a use permit . The
fraternity was ordered by the Municipal Court of San Luis Obispo
County to comply with a term and condition of probation to apply
for a use permit within 30 days. The fraternity did not comply
with the court orders . This is not a misrepresentation, it is a
Fact . The fraternity filed for its permit later than as ordered
by the court. This is a fact, it is not a misrepresentation.
The use requested by the fraternity increases an already
"impacted" neighborhood . This is not a misrepresentation, this
is a fact .
The only misleading information or information that has
been unfairly presented, appears to come from the fraternity and
its members.
C
Page Six
CONCLUSION
It is difficult to understand how the City Council can
approve a use permit for the fraternity which use permit does not
® touch upon the issues presented herein, in light of the concerns
as expressed herein . It is requested that such use permit be
denied. It is also extremely difficult to understand how the
City Council would be willing to accept the Fraternity at its
word, in light of the failure of the fraternity to comply with
the City 's initial request For a use permit application, and in
light of the Fraternity 's Failure to comply with its own self
imposed restrictions after being notified of its violation of the
zoning ordinance and in light of the Fact that the Fraternity
Failed to comply with the court imposed probation condition .
In the event that the City Council would be inclined to grant
the use permit to the Fraternity , such action would be tantamount
to looking the other way regarding the Fraternity 's Full year of
occupancy without the proper use permit, in spite of the Fact
that the current application was filed only after the Fraternity
was ordered to do so as a condition of probation, after
successful prosecution of the zoning violation initiated by the.
City after receiving complaints From neighboring residents
regarding the Fraternity 's activities.
!°j,ll�ly.+.`,��s511!,H.,ai � I�li�•,III'I
! �h city of sAn luis OBISPO
990 Palm Street/Post Office Box 8100 • San Luis Obispo. CA 93403.8100
22 August 1988
Alpha Upsilon Alumni Corporation
96 W. Campbell
Campbell, CA 95008
SUBJECT: Use of property at 720 and 726 Foothill Blvd.
Dear AU Alumni representative:
Our records indicate that you own property at 720 and 726 Foothill Blvd. I visited the
property today, after receiving a complaint that a fraternity may be located there.
Nobody was home, but I noted fraternity-related equipment in the yard and in an open
storage room.
A Planning Commission use permit must be approved to allow a fraternity at this address.
If you intend to establish such a use, you or a local representative must apply for this
Jl use permit immediately. I have enclosed materials for such an application. If the
property is not intended as a fraternity house, please let me know.
If you have questions about this, call me at (805) 549-7166.
Sincerely, (�
a I it,(-il/u��
Judith Lautner
Associate Planner
enclosures
cc: Steve Schneider
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October 1. 1988
Community Development Dept.--Planning Division
990 Palm Street
San Luis Obispo, Ca. 93401
To Whom It May Concerns
r
As property owners adjacent to the recent ..purchase
of one parcel located at 720-726 Foothill Blvd, San Luis
Obispo by Alpha Upsilon Fraternity, we are concerned about
the activities which will inevitably be very disturbing
to our tenants. Particularly so will be the activities
that, according to their posters circulated on the Cal Poly
campus, will be extremely disruptive toward-the tranquility
of the neighborhood..
The planned activities as posted by the fraternity
will includes
1. Thursday, October 6. 8. 00 P.M. House Warming Party
2. Saturday, October 89 12.00 to 4.00 P.M. BBQ With Live Music
3. Saturday, October 89 8.00 P.M. Caribbean Calypso( exehange wi,
4. Sunday, October 99 AY Jamboree (AX11Sororit;
5. Tuesday. October 119 8.00 P.M. Smoker
6. Wednesday October 129 8.00 P.M. Interviews
These fraternity .a_.etivities as currently planned with
undoubtedly more to follow in the future in an area that is
not in conformity With city codes and land use permits are
of grave concern to us.
The continued investigation by the City Community
Development Department into this situation is appreciated.
The Lanai Apar ants. 1Fe int SLO
Owners - �C'__xL 1#�
— le i�de. J V Bonin
L 44- apld�
�
inor K. Bonin
710 Foothill Apartments, SLO
Owners
Dennis A... Adams
772 Foothill A �t n , LO
Owners'
Val Gij�iespf a p.
Sandra Gillespie
C:
",Sl i H LAUTNER
+ ate Planner (�� To {�c,^,`Ljr
Planning Division '—b'sl} `I�+c�Cwt.
AaMOE.I
Llli" !i V O �t"
A ClN2�1J
san tuts OBISPO Aa-wz Came
Community Deveio m neDartment•(805)549-7166
990 Palm St.•P.O.Hox 8100•San Luis Obm=.CA 93403.8100
City of San Luis Obispo RECEIVED
Planning Department
990 Palm St. OCT ,8' 1988
San Luis Obispo, Ca 93401
:'X l'J•:U7YfG0
Dear Planning Staff.
This letter is concerning Alpha Upsilon Fraternity's recent purchase of the property
located at 720 and 726 Foothill Boulevard. It has been our full intention from the start to
obtain a use permit to function at this property. This was also was a major factor in our
decision to purchase the property. We feel this location is ideal for a fraternity use due to its
zoning(R-4),proximiry to Cal-Poly, and its relationship to surrounding properties.
We have been actively working towards submitting a use permit application and
recently met with City Planning Director,Mike Multari,to discuss our possible options. Our
housing committee is currently consulting with architects on the development plans for this
parcel. In this process we hope to mitigate neighborhood concerns such as noise and parldng.
There recently has been a great deal of concern over publications announcing rash
functions at this address. These flyers were printed before we realised all the problems with
holding fraternity functions at this location. This problem has been corrected,and we fully
intend to hold no ftmctions at this address.
We are confident that we can work with the neighborhood and the city to reach a
positive solution for a fraternity use of the property. We will inform you of the progress on
our application,and we encourage you to call us with any concerns you may have.
Sincerely. ,
G�
Scott Moran
Vice-Presideat
Alph Upsilon Fraternity
James Hendrickson
Housing Chairman
Alpha Upsilon Fraternity
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SAN LUIS OBISPO COUNTY MUNICIPAL COURT
ENTRY OF GUILTY/NO CONTEST PLEA - CASE NUMBER: M0001?8250
VS ' 7 COURT:
ALPHA, UPSILON / 001 DATE: TIME:
BE OF GOODOB Y ALL LAWS: CITY, COUNTY, STATE AND FEDERAL.
OBEY ALL LIKE VIOLATIONS.
NOT DRIVE UNLESS P'ROP'ERLY LICENSED TO DO SO / AND INSURED.
NOT DRIVE W/B.A. OVER .00%.
SUBMIT TO CHEMICAL TESTING UPON DEMAND OF ANY PEACE OFFICER OR
PROBATION OFFICER.
PAY FINE IN AMOUNT AND MANNER INDICATED ABOVE.
SERVE DAYS IN COUNTY JAIL INDICATED ABOVE.
ATTEND TRAFFIC SCHOOL DWI (FIRST OFFENDER) PROGRAM
S.. 7 ECOND OFFENDER) i T— ALCOHOLICS ANONYMOUS.
THEFT OFFENDER PROGRAM ASSAUETTVE-BEHAVIOR PROGRAM
SUB= PROOF OF ENROLLMENT WITFfIN— DAYS.
SUBMIT PROOF OF COMPLETION WITHIN DAYS/MONTHS.
MAKE RESTITUTION THROUGH PROBATION DEPARTMENT AS DIRECTED FLUS 10%
COLLECTION FEE.
DRIVING PRIVILEGE SUSPENDED MONTHS/YEARS.
DRIVER'S LICENSE RESTRICTED DAYS/YEARS TO DRIVING ONLY
TO AND FROM WORK IN CUUR=OF EMPLOYMENT
TO AND FROM TREATMENT PROGRAM
NOT DRIVE IN VIOLATION OF LICENSE RESTRICTION.
PERFORM HOURS OF VOLUNTEER COMMUNITY SERVICE, PROOF OF
�— COMPLETIMT-QZTgnT- DAYS.
REPORT TO PROBATION OFFICER AS DIRECTED.
_ NOT CHANGE EMPLOYMENT RESIDENCE OR LEAVE COUNTY OF SAN LUIS OBISPO
OR STATE OF CALIFORNIA WITHOUT FIRST OBTAINING PERMISSION OF THE
PROBATION OFFICER.
SEEK AND MAINTAIN EMPLOYMENT, OR ENROLLMENT IN SCHOOL.
COOPERATE WITH THE PROBATION OFFICER IN FLAN FOR TREATMENT.
NOT USE ALCOHOLIC BEVERAGES OR FREQUENT PLACE WHERE SALE OF SAME IS
PRINCIPAL BUSINESS.
NOT USE OR POSSESS ANY CONTROLLED SUBSTANCES.
SUBMIT UPON DEMAND OF ANY PEACE OFFICER OR PROBATION OFFICER TO SEARCH
OF PERSON PERSONAL PROPERTY RESIDENCE AND/OR VEHICLE OWNED OR BEING
OPERATED AY DEFENDANT WITHOUT WARRANT AND WITHOUT NOTICE TO LOOK
FOR
,,pALL TERMS AND CONDIT ON$ TO MAI IN FULL FORCE AND EFFECT.
OTHER L
-ULt
ABIDE BY SA E.
DEFENDANT .'Z ATTORNEY
-- LSL150-RO
+� # END OF EPORT
SAN LUIS OBISPO COUNTY MUNICIPAL COURT
ENTRY OF GUILTY/NO CONTEST PLEA - CASE NUMBER: M0001882510
' THE PEUPLF_ OF
THE STA ENT
VS ' COURT:
ALPHA, UPSILON / 001 DATE: , / TIME:
001 sl=mbtllret�. l
JUDGE: �,�/ J CLERK: _
PROSECUTOR Gum• llactkz 1§1DEFENDANT PRESENT
DEFENSE COUNSEL: %�iC/'l97�L0�7/ <; .1. DEFENDANT NOT PRESENT
COURT REPORTER: > INT TYPE: NAME:
(REV=SLCR CASE-$ 0020LILI-ENLIANI IN )
ON
MO ES AN CO �T�ORDERS COMP INT MENDED =LkoEFENDANT MOVES TO WITyXiRAW PREVIOUSF� A AND/OR PLEADSfO CONTEST T0: /% o?o?,/�/p a/C � // 7� /Ivy ,?-tZ0 yiL%
COURT DISMISSESUOURT Tl`UN Ul- IrA/UUUKI-OA
GROUNDS OF
PRIOR ALLEGED i D STRICKEN ON GROUNDS
DEFENDANT ADMITS VIOLATrW OF PROBATrON AND WAIVES HEARING—,—
STIPULATES
EARIN ,STIPULATES TO PROBABLE CAUSE.
DEFENDANT 'ADVISED RE VC SECT. 2310 :.5 CONSEQUENCES. COURT FINDS VC2310c:
ALCOHOL RELATED. DISTRICT ATTORNEY FILES FORM TO SUBSTITUTE CHARGES.
FINDINGS AND PROBATION REFERRAL
"PLEA OF GUILTY AND WAIVER OF RIGHTS AND ORDERS" FORM FILED.
DEFENDANT ADVISED OF AND WAIVES RIGHT TO JURY TRIALCONFRONTATION
AND SELF INCRIMINATION AS MORE FULLY SET FORTH ON FACE-SENTENCE VOI'k
DIRE AND FINDINGS ATTACHED AND INCORPORATED HEREIN BY REFERENCE.
DEFENDANT DOES NOT WANT COUNSEL. AFTER INQUIRY COURT FINDS DEFENDANT
KNOWINGLY AND VOLUNTARILY WAIVES RIGHT TO COUNSL HAVING BEEN ADVISED
OF DANGERS PITFALLS AND DISADVANTAGES OF SELF REPRESENTATION, AND
RIGHT TO APPOINTED HUNSEL IF INDIGENT.
DURT FINDS FACTUAL BASIS FOR PLEA(SUILTY ON PLEA OF NO CONTEST.
COURT FINDS DEFENDANT IN VIOLATION 0 ATION.
MATTER REFERRED TO PROBATION DEPARTME T OR PRE-SENTENCE REPORT.
PRE-SENTENCE INVESTIGATION REPORT DETERMINATION OF RESTITUTION.
COURT FINDS DEFENDANT ABLE TO PAY COSTS—ITF APPOINTED COUNSEL IN THE
AMOUNT OF $
COURT FINDS �TO PAY JAIL FEES OF $ PER DAY.
DEFENDANT/COUNSEL WAIVES STATUTORY TIME FOR PRONUUMLLMLNI tyr JUDGMENT.
COURT READ AND CONSIDERED THE PROBATION REPORT. DEFENDANT STATES
HE/SHE HAS READ REPORT.
EFENDANT/COUNSEL STATES THERE IS NO LEGAL CAUSE WHY JUDGMENT SHOULD
v � NOT NOW BE PRONOUNCED.
FINE
FINE (C/T S DAYS @ $30/DAY) SUSPENDED.
$ DUE BY IF ACCOUNTING FEE %T57T30
I S OF $ PER MONTH
BEGINNING UNTIL PAIIfTA-FU=.
FORTHWITH ONE DAY FOR EACH $30.
$ OF FIRE-SUSPENDED FOR EACH HOUR OF COMMUNITY SERVICE SHOWN.
DEFERDANT TO SERVE TIME IN LIEU OF FINE.
PROBATION GRANT / COMMITMENT
_ PROBATION REVOKED REINSTATED MODIFIED TERMINATED
EXTENDED=
_*-IMPOSITION= SENTENCE SUS ��i1--5QF YEARS/M814fomc.
CONDITIONAL SENTENCE FOR ISED PROBATION.
DAYS IN CUSTODY SUSPENDED.DAYS IN CUSTODY (C/T/S DAYS) FORTHWITH
SERVE CONSECU /DAYS IR=STODY.
STAY OF LALLUTIUN UNTIL AT M.
NEXT EVENT: COURT. ATE' TIME:
< > DEFENDANT IN CUSTODY, BAIL SET AT $ < > RELEASED OR/BAIL
....,.,. m.. 4 -nL ,. .
SAN LUIS OBISPO COUNTY MUNICIPAL COURT
MISDEMEANOR ARRAIGNMENT MINUTE ORDER - CASE NUMBER: M000138250
~ � VS ' : COURT: SLD BRANCH - DIV. A '
: ALPHA, UPSILON / 001 DATE: 04/26/89 TIME: 0900
: Vol 777�2zz, L
JUDGE: CLERK:
: PROSECUTOR: /y,� L� `�IiEFENDANT PRESENT
: DEFENSE COUNSEL: //l,// e��1'pp /.�>Zd w! % DEFENDANT NOT PRESENT :
: COURT REPORTER: c�J�✓ � %• INT TYPE: NAME:
6/ :
: DEFENDANTL'UST .
DEFENDANT FAILED TO APPEAR COURT ORDERS THE DEFENDANT'S
OWN RECOGNIZANCE RELEASE REVOKED PROBATION REVOKED
BAIL FORFEITED NO FURTHER PROCEEDINGS.
CD RT ORDERS BENCH/ARREST WARRANT ISSUED—FOR DEFENDANT'S ARREST.
BAIL SET AT $ POST & FORFEIT / MANDATORY APPEARANCE NO O.R.
WARRANT ORDERErl- ALLED//SET ASIDE.
BA L1# RDERED R &T.iD/E ETED WIT TS F $
D FE A T IS INFO ED IN OPEN COURT OF THE RIGHTS SFO N
CASE NO. ARN 001/ADMONITION OF RIGHTS ON FILE AND INCORPORA ED
HEREIN BY REFERENCE.
DEFENDANT STATES HE/SHE UNDERSTOOD.
DEFENDANT ADVISED OF RIGHT TO PROBATION HEARING - PC1203.2(B) .
INDIVIDUAL ARRAIGNMENT
DEFENDANT APPEARING IN PROPRIA PERSONA GIVEN COPY OF COMPLAINT,
STATES TRUE NAME COMPLAINT AMENDED ACCORDINGLY.
DEFENDANT ADVISED OF THE CHARUES AND CONSEQUENCES, HAVING WAIVED
READING OF COMPLAINT.
PUBLIC DEFENDER APPOINTED DENIED BECAUSE DEFENDANT
HAS SUFFICIENT MORET-13R PROPERTY M-RETAIN COUNSEL.
IT APPEARING THERE IS A CONFLICT, ATTORNEY IS APPOINTED.
DEFENDANT DOES NOT WANT TO BE REPRESENTED BY COUNSEL. AFTER
INQUIRY THE COURT FINDS DEFENDANT KNOWINGLY AND VOLUNTARILY
ANDVES DISADVANTAGESHT TO OOFSSELF-REPRESENTATION,SED ANDORIGHTGTOSAPPOINTEDS'
COUNSEL IF INDIGENT.
DEFENDANT INDICATESCD1CT� L WILL BE OBTAINED. ( > .
DEFENDANT APPEARING ITH Y COUNSEL WAIVES REA
COMPLAINT AND FURTH ORMATION OFA CONSTITUTIONAL AND STATUTORY
RIGHTS, AND ACKNOWLEDGES RECEIPT OF COPIES OF COMPLAINT AND DISCOVERY.
EFENDANT/ATTORNEY ENTERS PLEA OF:
GUILTY NO CONTEST
DENIES. PRIORS 19�DENIES ENHANCEMENT ALLEGATIONS
_ ATIWITTED VIOLATION OF PROBATION DENIES VIOLATION OF PROBATION
`DEFENDANT WAIVES STATUTORY TIME FOR /SENTENCING.
JURY TRIAL WAIVED BY:
_ DEFENDANT PERSONALLY DEFENSE ATTORNEY DISTRICT ATTORNEY.
COUNTS DISMISSED ON MOTION OF
DISTRICT AITURNEY/CUURT ON GROUNDS
_ DEFENDANT STIPULATES TO PROBABLE CAUSE VUH AKMt5l .
DEFENDANT MOVES TO BE RELEASED ON O.R. : GRANTED/DENIED.
MATTER REFERRED TO PROBATION DEPARTMENT (PC 1000/1000.6/ O.R. /
REPORT/PAIL REDUCTION/PRE-SENTENCE REPORT. )
DEFENDANT ORDERED TO BE BOOKED AND RELEASED WITHIN 7 DAYS.
DISCOVERY ORDER SIGNED AND FILED.
< > DEFENDANT REMANDED TO CUSTODY, BAIL SET AT $
< > RELEASED ON OWN RECOGNIZANCE / BAIL. (REV=S UW7. A3'E=890600^c0 )
NEXT EVENT: DATE: TIME: COURT:
LSL151-RO46 635
END OF REPORT
1 OS/81/89 SAN LUIS OBISPO MUNICIPAL COURT LSL094-8012 '
REPEATER SHEET ;
DEFENDANT CASE # FILING COURT PROBATION CHARGE PLEA/
DATE BEGIN/END DISP
-------------=----------------------=------------------------------------ '
ALPHA, UPSILON DOB= S= R= H= W= H= E=
M000138250 03/28/89 M1 SLMC17.02.030
x ac POSITIVE MATCHES
POSSIBLE MATCHES x x
635
_ 1
JUDGE:
Please sign if O.K.
Please advise.
A ,t - �-
� �1-n,.. � L _ �_ _D (. � d-01 cx.,d 1 '7.e)-?- . 030
�
�
7. Z o3 0A o,41w--
Ile
Thank You: Date- g' d
I
I
I
1
Office of the City At.t.orno\,
2 CI"rY OF SAN LUIS OBISPO
Vicki J . Finucane ( 107.9791
3 990 Palm Street
P.O. Box 8100
4 San Luis Obispo. CA 93403-8100
Telephone: (805) 549-7140
5 --- ----
7
8 IN THE MUNICIPAL COURT OF THE: STATE OF CAL IFORttl'AL
9 COUNTY OF SAN LUIS OBISPO
10 SAN LUIS OBISPO 'RANCH
11 rr
12 THE PEOPLE OF THE STATE OF CALIFORNIA. ! NO.
13 vs. 1 COMPLAINT-CRIMINAL
`J1 1
14 ALPHA UPSILON. I Count 1
15 Defendant(s) . )
)
16
17 VICKI J. FINUCANE. ACTING CITY ATTORNEY, of the San Luis Obispo City
18 Attorney's Office. complains and accuses defendant. ALPHA UPSILON. on
19 information and belief. of the crime described as follows:
20 Count 1 : On or about the 26th day of February. 1989. at and in the
21 City of San Luis Obispo. County of San Luis Obispo. State of California,
22 defendant did commit a misdemeanor, a violation of San Luis Obispo Municipal
23 Code §17.02.030 and §17.02.010. i .e. , did wilfully use or cause or permit to
24 be used a structure in the City of San Luis Obispo in violation of zoning
25 regulations, to-wit: use of 720 and 72G Foothill as a fraternity without
26 appropriate use permit. all of which is contrary to the statute in such cases
27 made and provided. and against the peace and dignity` of the People of the
28
C1 State of California. /
2 On this 1��� �/-riay of Murch. 1989. in the City ut' San Luis Obispo.
3 California. certify under penalty of perjury that r.he foregoing is true and
4 correct .
5
6
Vicki .1. Fin' ane
7 F.O. Box 8100
San Luis Obispo. CA 93403-8100
8
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1\
\/ 1
Office of the City Attorne%
2 (:ITY OF SAN LITS OBISPO
Vicki J. Finucane ( 1079791
3 990 Palm Street
P. 0. Box 8100
4 San Luis Obispo, CA 93403-81n0
Telephone: (805) 549-71,40
5
6
7
8 MUNICIPAL COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN LUIS OBISPO
10 SAN LUIS OBISPO BRANCH
11
12 THE PEOPLE OF THE STATE. OF CALIFORNIA. ) \0.
13 vs. ) DECLARATION IN SUPPORT
14 ALPHA UPSILON. OF CRIMINAL COMPLAINT
)
15 Defendant(s) . )
16 )
17 THE UNDERSIGNED hereby declares:
18 THAT I am now employed as a Police Officer for the CITY OF SAN LUIS
19 OBISPO, in the Courity of San Luis Obispo, State of California.
20 THAT an investigation has been conducted to determine if defendant.
21 ALPHA UPSILON, did commit the crime of MISDEMEANOR: violation of §17.02.030
22 and-.§ 17.449.010 of the San Luis Obispo Municipal Code (use of structure in
23 violation of zoning regulations) .
24 YOUR DECLARANT has reviewed the report of this investigation and
25 declares upon information and belief that the facts herein show probable
26 cause that the aforementioned fraternity did commit the hereinbefore stated
27 crime.
28
THE AVESTIGATION REPORT is WW"hed hereLo in Support or this
deciaratiun and is incorporatev by reference herein . your deciarant Lherefore
3 Mqumsts rhe issuance of a warrant or arrest, if der"nHant duns not appear
4 voluntarily in response to appearancQ letter .
5 1 declare under penalty "f p"rjury that An foregoing is true and
6 correct .
7 DATED: J. 2 7 1989 . San Luis Obispo. CQUornia.
8
9
DecFarant 1 . S . Parkinson
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2
San Luis Obispo PoliceTDepartment
� DR 89060020
Report Date: 03-08-89 Report ID# 68654.A67867 IN 68654
Date. Time
SECTION OFFENSE DESCRIPTION OCC.ON: 02-26-89 12: 00
CO MISC CITY ORDINANCES or BTWN:
17.02.030 MC REPORTED: 03-01-89 14 :.29
FELONY ( ) MISDEMEANOR (X) TYPE OF REPORT OFFICE
CONNECTING REPORTS: FIELD ( ) INF ( ) PHONE �X3
DETAILS OF CRIME
MO: NIGHT TIME, LOUD NOISE
Motive: CREATE DISTURB, PARTY
Location: 720 FOOTHILL
Type Premises: SINGLE RES
Type Property:
Veh used by S/:
ADDITIONAL PEOPLE INVOLVED
CODE: V=Vict, W=Wit, C=Comp, P=Parent, G=Guardian, S -Subj , S=Susp
-Code: RP Name: BONIN AL DOB-
1dr: 272 DEL MAR CSZ SIA CAL-'
Age: Sex: Race: HP: ( ) 543-6200 WP:
Eyes: Hair: Wt: Ht: ( ) 'el /
Emp: OWNER APT COMPLEX A g: 6ZB:
cCode: W1 Name• MCDANIEL GREG P. 07=04-65
Addr: 140 FERRINI #9 CSZ• SLO, CA
Age: 23 Sex: Race: HP: ( ) 546-9504 WP:
Eyes: Hair: Wt: Ht:
Veh; u -
Emp: APT MGR AW
Code: W2 Name
------------------- --------- --------- ___-------�--- ----ry ----------
_ MCDANIEL, VICKY F. DOB: 06-17
Addr: 140 FERRINI #9 CSZ: SLO, CA' i.P
Age: 21 Sex: Race: HP: ( ) 546-9504 WP: ,
Eyes: Hair: Wt: Ht:
Emp: APT MGR AKA:
The Details can be found on a Continuation Sheet attached to this report.
sor ID# RepoVting Officer(s) ID Assmt. Rep. O f. Signature
Parkinson,
I. S. 6767 P
---- -------------
Assigned to: ID# Assmt. Date/Time Processed by D Clk
---------------------- -------------------------------- --- - -------------
-her action Yes No
spies to: DOJect3Ve _ Patrolle A$C Other SO/PD
Case Disp. Except _arrest --Unfounded Active
SA JIS OBISPO DISTRICT ATTOI
PROMIS WITNESS LIST
----------------------------------------------------------------------------
SAN LUIS OBISPO POLICE DEPARTMENT CASE # : 89060020 D.A. #
------------------------------------------------------------------------------
LAW ENFORCEMENT WITNESSES
NAME: Parkinson, I. S. SLOPD 67867
--------------- ---------------------------------
OTHER WITNESSES
1 Name: BONIN, AL DOB: Addr:272 DEL MAR
Sex: Race: HP:5436200 WP: CSZ : SLO, CA
----------------------------------------=-------------------------------------
WT RTS INT Y N SUBPOENA INSTR. R B 1 2 3 4 $
------------ ----
2 Name: MCDANIEL, GREG P. DOB: 07-04-65 Addr:14.0 FERRINI #9
Sex: Race: HP: 5469504 WP: CSZ SIA CA
T
WT RTS INT Y N SUBPOENA INSTR. R B 1 2 3 4 5
------------------------------------------------------------------------------
3 Name: MCDANIEL, VICKY F. DOB: 06-1.7-67 Addr:140 FERRINI #9
Sex: Race: HP: 5469504 WP: CSZ SLO, CA
------------=---------------------------- ----------------------------------
WT RTS INT Y N SUBPOENA INSTR. R B 1 2 3 4 5
------------------------------------------------------------------------------
OSAN LUIS OBISPO POLICE DEPARTMENT
CA0400600
CRIME REPORT
89060020
SOURCE:
On 3/1/89 at approx 1429 hrs, I was dispatched to 140 Ferrini #9,
regarding SUB/s at that location desiring to file a complaint
against nearby fraternity.
PROBABLE CAUSE STATEMENT.:
Upon arrival, I contacted the RP/BONIN, W/Greg McDANIEL, and
W/Vicky McDANIEL. BONIN, who is the property owner, and Vicky
and Greg McDANIEL, who are the property mgrs, stated they have
been having a problem with the fraternity Alpha Upsilon, located
at 720 Foothill. They stated they've had continuous noise
problems, party problems, and they are continually disturbing the
occupants of their apts. They stated they have talked with
numerous people regarding this problem which included talking to
the attorney, PD, Planning Dept, and City Council members. They
stated last time the fraternity had a rush week, they held all
their rush parties at their location, 720 Foothill. They stated
they talked about this with the City and the City stated they
would no longer be holding their parties there w/o a use permit.
BONIN stated last time they announced on their flyer that the
parties would be held at that location and subsequent to that
they complained to the City about it.
They said this time they got ahold of one of the rush bulletins
and it stated that the locations of the last 4 events would be to
be announced. He stated the first event that was marked to be
announced was Sunday, 26th, and that was held at the fraternity,
720 Foothill. They took several photos of that incident, and in
the photos showed rush signs on the lawn and beer signs
throughout the yard. He stated they were extremely loud,
partying and drinking throughout the night and later on the
evening took 2 kegs of beer and climbed over through their
property, leaving.
He stated that last night, Tuesday, 2/28, the event was noted to
be to be announced, was also held at the residence.
All 3 SUB/s stated this is an on-going problem and the fraternity
has found a way to circumvent the City's use permits and is still
having their fraternity rushes and parties at the residence. They
requested that a rpt be written and they strongly request a
Ocomplaint against the fraternity.
1
1
CSAN LUIS OBISPO POLICE DEPARTMENT
CA0400600
CRIME REPORT
89060020
I requested that Of. HUBBARD on night watch attempt to photograph.
any possible rush parties that evening. The reason for this was
they indicated on their flyer that they were intending to have
another one that evening. The following day I talked with Of.
HUBBARD who advised that there was a function happening at the
residence. He advised he observed SUB/s inside the residence and
2 SUB/s standing out front near the front door. He stated the
SUB/s out front were dressed in coat and tie and had some
clipboard and appeared to be checking off names as people
arrived. He stated there was no noise violation; however, he did
take several photographs from me of the event. The film was
retained by myself and submitted to Tech KLASEY for developing.
DISPOSITION•
Active. Submit to .City Attorney for complaint.
PARKINSON, 67867, AF, 3/8/891 1030 hrs
i
2
JUDITH LAUTNER
0.s ate Planner Planning Division Tp � Fl /1r er
AV�
D "ll ��C �RI. ,�
,,1Gfthi'alii city of ��►� 62n,►,�
san Luis oBispo ffiucz CAIeF
Community Oevelopment Departm m•(805)549-7166
990 Palm St.•P.O.Box 8100•San Luis Obispo,CA 9340.9.8100
City of San Luis Obispo RcCEIVct7
Planning Department
990 Palm St. OCT a 1988
San Luis Obispo.Ca 93401
u.1twWc
Co^'ortr
Dear Planning Staff.
This lener is concerning Alpha Upsilon Fraternity's recent purchase of the property
located at 720 and 726 Foothill Boulevard. It has been our full intention from the start to
obtain muse permit to function at this property. This was also was a major factor in our
decision to purchase the properly. We feel this location is ideal for a fraternity use due to its
zoning(R-4),proximity to Cal-Poly,and its relationship to surrounding properties.
We have bees actively working towards submitting a use permit application and
recently met with City Planning Director.Mike Multari.to discuss our possible options. Our
housing committee is currently consulting with architects on the development plans for this
® parcel. In this process we hope to mitigate neighborhood concerns such as noise and parking.
There recently has been a great deal of concern over publications announcing rush
functions at this address. These flyers were printed before we realised all the problems with
holding fraternity functions at this location. This problem.has been corrected.and we fully
intend to hold no functions at this address.
We are confident that we can work with the neighborhood and the city to reach a
positive solution fora fraternity use of the property. We will inform you of the progress on
our application.and weencourage you to call us with any concerti you may have.
Sincerely. ,
G
Scott Moran
Vice-President
Alph Upsilon Fraternity
r
James Hendrickson
Housing Chairman
Alpha Upsilon Fraternity
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UpGrS n.:'e=tIC a t i r cl the nr-j sE
1 i ound two me.r.,
process of. fwDvinj !.5eE-r k ea over the apartment
fence. I aSl:led `171efll whtaL the wered.--.i-ng and they -aj d that
they wers '-Ip!-la pi and h-ad to take the ker's.
-,one PrCdLt:-G-d hi S P. e:lcjg�,
c: 1 z-xplained to therr, tt-.at
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tenant=:
nd that 'hev were
a
r e s p a s=-I n C; T er: Asked tlhu.-m to re
�move the kegs From our
:-�r cipert•,.-. --r-p , Led could not: thev were
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w-ith their F.ot
and cz,.arried the kegs across
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17.02.010-17.02.050
Division I. Zoning Code B. Zone District Boundaries.
1. Boundaries between zoning districts gen-
erally follow lot lines or their extensions, phys-
Chapter 17.02 ical features, or contour lines, as noted on the
official zoning map. Boundaries adjoining
GENERAL PROVISIONS streets shall be assumed to follow the centerlines
of streets if such location becomes an issue in the
Sections: use of private property,as when a street is aban-
17.02.010 Title. doned. Zones which meet a street centerline
17.02.020 Purpose. shall not be considered "adjacent."
17.02.030 General requirement. 2. The location of boundaries which are not
17.02.040 Interpretation. readily determined by inspection of the official
17.02.050 General plan consistency—
zone map shall be determined by the director.
Regulations interpretation and C. Conflict with Public Provisions. These
application. regulations are not intended to interfere with or
annul any other law or regulation. Where these
17.02.010 Title. regulations impose a restriction different from
This division shall be known and cited as the any other law or regulation,the more restrictive
"zoning regulations of the city." (Ord. 941 § I shall apply.
(part), 1982: prior code § 9201.1) D. Conflict with Private Provisions. These
regulations are not intended to interfere with or
17.02.020 Purpose. annul any easement, covenant, or other agree-
These regulations are intended to guide the ment between private parties. Where these reg-
development of the city in an orderly manner, ulations impose a restriction different from a
based on the adopted general plan, to protect private agreement, the provisions which are
and enhance the quality of the natural and built more restrictive or which impose higher stand-
environment,and to promote the public health, rds shall control.(Ord.941§ I(part), 1982:prior
safety and general welfare by regulating the use code§ 9204.5)
of land and buildings and the location and basic
form of structures. (Ord. 941 § 1 (part), 1982: 17.02.050 General plan consistency—
prior code§ 9201.2) Regulations interpretation and
application.
17.02.030 General requirement. The regulations codified in this title shall be
Land or buildings may be used and structures i nterpreted and applied in a.manner consistent
may be erected or altered only in accordance with the general plan.(Ord.941 § I (part), 1982:
with these regulations.(Ord.941§ I (part), 1982: prior code § 9204.1)
prior code§ 9201.5)
17.02.040 Interpretation.
A. Ambiguity. The director shall interpret
these regulations, subject to the appeal pro-
cedures of Chapter 17.66. Written requests for
interpretation shall be responded to in writing
within ten days and shall become part of the
permanent files of the community development
Jdepartment.
425 (s�Luis Obispo 7.94)
,� ��;�iu�4�I!Iiil��lll►�hllul'li►������►►�►!!I '����I Cit
sAn Luis oBispo
y
-(6
990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403.8100
(805) 549-7140
March 28, 1989
Scott Morar,
Vice President
Alpha upsilon Fraternity
720 Foothill Blvd.
San Luis Obispo, CA 93401
Re: Violation of Municipal Code §§. 17.02.030 and 17.02.010
Gentlemen:
This is to advise you that a compinint has been filed against the
Alpha upsilon Fraternity in the San Luis Obispo Municipal Court, Criminal
Division, for violation of the above-.referenced code sections. Your
arraignment has been scheduled for Wednesday, April 26. 1989, at 9:00 a.m.
in the Municipal Court. Division A. at 1050 Monterey Street. San Luis
Obispo. Please plan to have a representitive of Alpha Upsilon present at
that time.
Please cal1 if you have any. questions .
Very truly yours .
Vicki J. rucane
Acting City Attorney
VJF:sw
Enclosure.
cc: Municipal Court-Criminal Division
[F-1 :arraign]
IIE, THE UNDERSIGNED REQUEST THAT - THE USE PER24IT FOR THE
OALPHA UPSILON FRATERNITY BE DENIED AT 720 & 726 FOOTHILL BLVD.
AS RESIDENTS IN THE IMMEDIATELY AFFECTED AREA, idE ARE CONCERNED
THAT THE COMMISSION WILL GRANT THE USE PERI4IT WITHOUT FULL
CONSIDERATION AND AWARENESS OF THE POTENTIAL PROBLEMS OF
LOCATING THIS FRATERNITY IN AN ALREADY ESTABLISHED NEIGHBORHOOD.
WE ARE REQUESTING THE CITY TO CONTACT US INDIVIDUALLY OR WIT
A REPRESENTATIVE FROM THE FRATERNITY PRESENT TO DISCUSS OUR CONCERN;
ALSO, 1,1E NEIGHBORS WOULD LIKE TO SEE THE FRATERNITY' S NEIGHBOR .
PLAN OR POLICY BEFORE THE USE IS GRANTED IF THE CITY COUNCIL AND THI
PLANNING COMMISSION GO AHEAD' WITH THE GRANTING. OF THE USE PERMIT.
WE ARE REQUESTING THE CITY COUNCIL AND THE PLANNING COMMISSIi
TO REQUIRE SOUND PROOFING OR SOME SORT OF SOUND BARRIERS ALONG THE
ADJACENT PROPERTY LINES TO KEEP THE NOISE FROM BOUNCING OFF THE
STUCCO WALLS- OF THE SURROUNDING APARTMENT HOUSES.
WE ARE REQUESTING THE PLANNING COMMISSION CONDUCT A STUDY OF
TRAFFIC FLOW SINCE CURRENTLY THE STREET AREA IN FRONT OF THIS SITE
IS A RED ZONE.
C WE ARE REQUESTING THE CITY COUNCIL AND THE PLANNING COMMISSIC
LIMIT THE NUMBER OF INVITED GUESTS; LIMIT THE HOURS OF SOCIAL
FUNCTIONS SO AS TO NOT GO PAST 8P.M. ; RESTRICT THE SITE TO ONE SOCIA
EVENT PER MONTH; REQUEST THE FRATERNITY TO PROVIDE THE CITY COUNCIL
AND THE PLANNING COMMISSION WITH ITS DETAILED POLICY OF HOW IT
INTENDS TO RESOLVE CONFLICTS WITH THE NEIGHBORS, HOW IT WILL
POLICE ITS SOCIAL EVENTS SO ONLY INVITED GUEST ATTEND; HOW IT
INTENDS TO KEEP THE NEIGHBORHOOD FREE OF LITTER AFTER THE PARTIES;
AND HOW IT INTENDS TO KEEP UNDERAGE PERSONS FROM OBTAINING LIQUOR
OR ALCOHOL AT ITS SOCIAL EVENTS.
WE BELItVE THESE ISSUES REMAIN AND HAVE NOT BEEN FULLY
ADDRESS BY THE APPLICANT OR ITS REPRESENTATIVES. AS SUCH ldE REQUEST_
THE PERMIT BE DENIED.
NAME ADDRESS DATE
-777
=s-
OlLI-
E�PR � p
—�' 140 Fai7-�h 1 7
T e,,
cl�/ ll f' 104', 1
NAME ADDRESS C DATE
G �� �/Sw-..�(_ /Yu i.�c..t...t >" +f#'lZ SC .� C-•- O —J� d'-
8 -r-gi
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04ol1V40 're ( o
Lo
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'
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(I I / / ��
WE, THE UNDERSIGNED REQUEST THAT 'THE USE PERMIT FOR THE
C' ALPHA UPSILON FRATERNITY BE DENIED AT 720 & 726 FOOTHILL BLVD.
AS RESIDENTS IN THE IMMEDIATELY AFFECTED AREA, IvT ARE CONCERNED
THAT THE COMMISSION WILL GRANT THE USE PERMIT WITHOUT FULL
CONSIDERATION AND AWARENESS OF THE POTENTIAL PROBLEMS OF
LOCATING THIS FRATERNITY IN AN ALREADY ESTABLISHED NEIGHBORHOOD..
WE ARE REQUESTING THE CITY TO CONTACT US INDIVIDUALLY OR WIT'
A REPRESENTATIVE FROM THE FRATERNITY PRESENT TO DISCUSS OUR CONCERN!
ALSO, WE NEIGHBORS WOULD LIKE TO SEE THE FRATERNITY' S NEIGHBOR
PLAN OR POLICY BEFORE THE USE IS GRANTED IF THE CITY COUNCIL AND THI
PLANNING COMMISSION GO AHEAD' WITH THE GRANTING OF THE USE PERMIT.
WE ARE REQUESTING THE CITY COUNCIL AND THE PLANNING .COMMISSI(
TO REQUIRE SOUND PROOFING OR SOME SORT OF SOUND BARRIERS ALONG THE
ADJACENT PROPERTY LINES TO KEEP THE NOISE FROM BOUNCING OFF THE
STUCCO WALLS OF THE SURROUNDING APARTMENT HOUSES.
WE ARE REQUESTING THE PLANNING COMMISSION CONDUCT A STUDY OF
TRAFFIC FLOW SINCE CURRENTLY THE STREET AREA IN FRONT OF THIS SITE
IS A RED ZONE.
�- WE ARE REQUESTING THE CITY COUNCIL AND THE PLAN14ING COMMISSIC
LIMIT THE NUMBER OF INVITED GUESTS ; LIMIT THE HOURS OF SOCIAL
FUNCTIONS SO AS TO NOT GO PAST 8P ,M. ; RESTRICT THE SITE TO ONE SOCIA
EVENT PER MONTH; REQUEST THE FRATERNITY TO PROVIDE THE CITY COUNCIL
AND THE PLANNING COMMISSION WITH ITS DETAILED POLICY OF HOW IT
INTENDS TO RESOLVE CONFLICTS WITH THE NEIGHBORS, HOW IT WILL
POLICE ITS SOCIAL EVENTS SO ONLY INVITED GUEST ATTEND ; HOW IT
INTENDS TO KEEP THE NEIGHBORHOOD FREE OF LITTER AFTER THE PARTIES;
AND HOW IT INTENDS TO KEEP UNDERAGE PERSONS FROM OBTAINING LIQUOR
OR ALCOHOL AT ITS SOCIAL EVENTS.
WE BELItVE THESE ISSUES REMAIN AND HAVE NOT BEEN FULLY
ADDRESS BY THE APPLICANT OR ITS REPRESENTATIVES. AS SUCH WE REQUEST
THE PERMIT BE DENIED.
/NAP4E
ADDRESS DATE
eic
j'Ir
S
i
�"-
r
moi----
NAME ADDRESS DATE
G
C
OWE, THE UNDERSIGNED REQUEST THAT -THE USE PERMIT FOR THE
ALPHA UPSILON 'FRATERNITY BE DENIED AT 720 & 726 FOOTHILL BLVD.
AS RESIDENTS IN THE IMMEDIATELY AFFECTED AREA, 11E ARE CONCERNED
THAT THE COMMISSION WILL GRAIJT THE USE PER24IT WITHOUT FULL
CONSIDERATION AND AWARENESS OF THE POTENTIAL PROBLEMS OF
LOCATING THIS FRATERNITY IN AN ALREADY ESTABLISHED NEIGHBORHOOD.
WE ARE REQUESTING THE CITY TO CONTACT US INDIVIDUALLY OR WI]
A REPRESENTATIVE FROM THE FRATERNITY PRESENT TO DISCUSS OUR CONCERN
ALSO, WE NEIGHBORS WOULD LIKE TO SEE THE FRATERNITY ' S NEIGHBOR .
PLAN OR POLICY BEFORE THE USE IS GRANTED IF THE CITY COUIICIL AND TE
PLANNING COMMISSION GO AHEAD' WITH THE GRANTING OF THE USE PL•RMIT.
WE ARE REQUESTING THE CITY COUNCIL AND THE PLANNING .COMMISS]
TO REQUIRE SOUND PROOFING OR SOME SORT OF SOUND BARRIERS ALONG THE
ADJACENT PROPERTY LINES TO KEEP THE NOISE FROM BOUNCING OFF THE
STUCCO WALLS- OF THE SURROUNDING APARTMENT HOUSES.
WE ARE REQUESTING THE PLANNING COMMISSION CONDUCT A STUDY OF
TRAFFIC FLOW SINCE CURRENTLY THE STREET AREA IN FRONT OF THIS SITE
IS A RED ZONE.
WE ARE REQUESTING THE CITY COUNCIL AND THE PLANNING COMMISSI
,LIMIT THE NUMBER OF INVITED GUESTS ; LIMIT THE HOURS OF SOCIAL
FUNCTIONS SO AS TO NOT GO PAST 8P .M. ; RESTRICT THE SITE TO ONE SOCI:
EVENT PER MONTH; REQUEST THE FRATERNITY TO PROVIDE THE CITY COUNCII
AND THE PLANNING COMMISSION WITH ITS DETAILED POLICY OF HOW IT
INTENDS TO RESOLVE CONFLICTS WITH THE NEIGHBORS, HOW IT WILL
POLICE ITS SOCIAL EVENTS SO ONLY INVITED GUEST ATTEND; HOW IT'
INTENDS TO KEEP THE NEIGHBORHOOD FREE OF LITTER AFTER THE PARTIES;
AND HOW IT INTENDS TO KEEP UNDERAGE PERSONS FROM OBTAINING LIQUOR
OR ALCOHOL AT ITS SOCIAL EVENTS.
WE BELIEVE THESE ISSUES REMAIN AND HAVE NOT BEEN FULLY
ADDRESS BY THE APPLICANT OR ITS REPRESENTATIVES. AS SUCH WE REQUEST
THE PERMIT BE DENIED.
NAME ADDRESS DATE
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►►iu��i►uiallahlilillll���III���i�N►�iip �I City Of SiAn lolls OBISPO
990 Palm Street/Post Office Box 8100 • San Luis Obispo,CA 93403.8100
APPEAL TO CITY COUNCIL
In accordance with the appeals procedure as authorized by Title I. Chapter
1.20 of the San Luis Obispo Municipal Code, the undersigned hereby appeals
from the decision of TWa uC�4 PL4+1-aj � rendered
on AkkbUST cly.tgb9 which decision consisted of the following (i.e.
set forth factual situation and the grounds for submitting this appeal.
Use additional sheets as needed) :
(AT%A '; LM ti,A(a CCAAW'9ors
fl Tcn�.L�i I►.1C. c P WFE PEZMST .
�r,Tacz+�lJzy , ir.�c _ P��,C.S �1�ts `��aS ota toccouNos �
UAMIL
The undersigned discussed the decision being appealed from with:
on
Appellant:
Name/Title
RECEIVED Representative
AUG 1 8 19814 -rte F�' TF4�U_ awo
Address
CITY CLERK 5W4 _ 9?67-
SAN LUIS 081SP0,CA
Phone
Original for City Clerk
Copy to City Attorney
lend red r: Copy to City Administrative Officer
CopyLto �he foil Qwlndepartment(s)
City Clerk