HomeMy WebLinkAbout12/12/2018 Item 3, Walker
From:Kathie Walker <
To:Advisory Bodies; Bell, Kyle; Codron, Michael
Subject:Planning Commission Agenda Correpondence: 12/12/2018,1267 Fredericks Street
Attachments:Planning Commission Correpondence. use permit 1267 Fredericks.pdf; Fredericks
Neighborhood Occupancy.pdf; Fredericks occupancy plan view.pdf; Hathway Alley
6.8.2015 pdf.pdf; Hathway Alley October 2014 - May 2015.pdf; Derek 5.2015 Hathway
Alley.pdf; Derek response Hathway Alley.pdf; doug davidson 2014.pdf
Please forward my correspondence immediately to the Planning Commission for the hearing on 12/12/2018.
Thank you.
Kathie Walker
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Kathie Walker
1269 Fredericks Street
San Luis Obispo, CA 93406
RE: Hearing 12/12/2018, Agenda Item 3: 1267 Fredericks Street High Occupancy Use Permit
Dear Planning Commissioner Chair Fowler and Commissioners,
My husband, Steve and I live at 1269 Fredericks Street with our two sons. We love our Alta Vista neighborhood and
feel especially fortunate to own our home in San Luis Obispo. Our neighborhood is mostly comprised of single-
story homes that were built in 1940-50. Some have been converted to duplexes while still maintaining the charm
of a single family home. There are a few two story triplexes closer to Hathway Avenue, but overall, the homes in
our neighborhood are unassuming single-story residences. Most are small with only 1- or 2- bedrooms, and the
occupancy is correspondingly low. Two exceptions are the single-story 3-bedroom house across the street at 1270
Fredericks and the subject property next door at 1267 Fredericks. Both of these homes are occupied by four or five
college students. Thankfully, we have great relationships with them as a result of a tremendous effort which is
manageable with four, challenging with five, and impossible with seven. I will address my efforts further, below.
Occupancy in Our Neighborhood
Our neighborhood is mostly comprised of single-story bungalows. The Agenda Packet contains correspondence
from a representative of the developer, Pamela Jardini of Planning Solutions, dated August 27, 2018, falsely
represents that the property at 1251 Fredericks, directly to the west of the subject property at 1267 Fredericks, is
“two separate 2-story buildings/apartments”. In fact, there are two adorable single-story bungalows that were
built in 1940. Each has two dwellings: three 1-bedrooms and one 2-bedroom, which is occupied by the property
owner. They are not 2-story residences and they are not apartments. None are occupied by college students.
Further west, the next property (1241) is also a single-story single family residence that was built in 1951 and
converted to a duplex while maintaining the look of a single family home. Each dwelling has two bedrooms and
one bathroom, and each has two occupants.
A two-story triplex is next, then another single-story single family residence. The opposite side of the street has
similar dwellings with mostly small, single-story homes and a cluster of three triplexes closer to Hathway, followed
by more single-story homes. The infamous “pink house” that attracted 3,000 party-goers on St. Patty’s day and
resulted in a roof collapse is at the end of the block, on the corner of Fredericks and Hathway. The Campus Bottle
liquor store is located across the street, where Fredericks dead ends into Hathway.
From the subject property to the east toward Grand, most residences are single-story, single family homes and
many are owner occupied. I have attached information regarding the surrounding residents and current occupancy
for your information.
2009: Moving In and Improving Our Neighborhood
Hathway Alley
When we first moved into our home nine years ago, we felt as though our little pocket of the neighborhood had
been forgotten and I worked especially hard to improve the standards and quality of life for everyone who lives
nearby.
Back then, Hathway Alley was a dumping ground for discarded junk. It was constantly littered with trash because
each property’s trash bins were permanently stored in Hathway Alley which borders our property to the south.
(See photos, attached) The bins were also a magnet for constant transient traffic that trolled the alley. We had
several items stolen from the back of our property including a utility trailer, a friend’s motorcycle and a large stack
of redwood lumber.
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Over the course of six years, I corresponded with the City to request clean-up of Hathway Alley to no avail. In 2015,
I was finally successful in having a new City policy implemented which eliminates trash pick-up in the alley. Now,
trash pick-up occurs on the street, in front of each property and during the week, trash bin are stored behind each
property’s fence and the alley is no longer littered. (Correspondence with Derek Johnson, attached)
Additionally, the alley was not maintained and was filled with pot holes and crumbling asphalt. I continually
lobbied the City for the alley to be paved and was finally successful in having that accomplished in 2016, after it
was initially overlooked by the City’s pavement schedule
Also, parking within the alley was a tremendous problem because cars double- and triple- parked. Sometimes
egress along the alley was blocked completely. The garbage company was unable to pick up trash on a few
occasions and also complained to the City. When the alley was finally paved in 2016, parking signs were added so
the problem has been mostly rectified. During the school year, parking continues to be problematic but it is easier
for the City to patrol with the new signage in place.
Overall, it took seven years of frustration and consistent effort to get the City to make the necessary changes and it
has greatly improved the quality of life in our neighborhood! My efforts were a labor of love and I am proud of my
accomplishments.
Parties and Noise
The most challenging situation we faced after moving into our home was the noise generated from houses that are
occupied by four or five young adults during the academic school year. Notably, many of our neighbors are not
college students, and as noted above, most dwellings in our immediate vicinity are made up of 1- and 2- bedroom
residences. That has been our saving grace as noise is not an issue from the smaller dwellings because there are
fewer people living in each unit. There is a direct correlation between the number of persons under one roof and
the noise generated from that dwelling. This is a key factor in limiting a single residence to five young adults.
We are highly impacted by the residents at 1267 Fredericks Street due to the close proximity of our houses. Our
bedrooms are located on the west side of our home which borders their property, and we can hear their
conversations if our windows are open or we are outside. Sometimes I close my windows to avoid hearing personal
cell phone conversations from their back deck. The young women who live there are lovely and I enjoy having
them as neighbors, however things weren’t always so good.
When we first moved into our house, there were five college students living in the home and it was an absolute
nightmare. I described the untenable situation in correspondence with Doug Davidson. (Correspondence with
Doug Davidson, attached) Parties were common at 1267 and 1270, which were usual pit stops for the parade of
students that traverse up and down Fredericks during the weekend or other holidays like Cinco de Mayo.
We witnessed young men fighting in front of our house, a young woman passed out on our driveway, and had our
parked car hit by a drunk driver leaving a party next door. On one occasion, I was co nfronted with profanity by one
of their intoxicated guests in our front yard. My children witnessed the situation as he told me to f --k 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 partying in th eir back yard. We heard them using offensive
language including the ‘f--k ‘f-gg-t,’ and ‘n-gg-r.’ I told the tenants that kids can hear them and to watch their
language. One guest responded, ‘F--k that!’ as the group laughed.
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 helpe d me
move the boulder to enable me to back out. Empty cans, bottles and cups were thrown over the fence into our
backyard and littered our front yard every week.
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My husband is a first-responder EMS pilot based at Ft. Hunger Liggett and works 7 days on/7 days off. During the
weeks that he was gone, I did not feel safe or secure in my own home.
After the situation became intolerable, I contacted the property owner, Sanjay Ganpule. He was dismissive and
referred me to his property manager. When I explained that he, as the property owner, is ultimately responsible
for the behavior of the residents and he could face fines, he told me that he simply passes those fines onto his
tenants. Dr. Ganpule had absolutely no care or compassion for our living situation. Clearly, the property is an
investment for him and his concern is with the income generated, not the quality of life of the neighboring
residents. Throughout the nine years we’ve lived here, that is the only conversation I have had with him.
Building Relationships to Improve the Quality of Life in Our Neighborhood
Upon realizing that it was up to me to improve the quality of our lives in the neighborhood, I began reaching out to
the new students who moved into the houses at 1267 and 1270 each academic sch ool year. Often, I also meet
their parents when they help their child move in. I get to know each student – their name, where they’re from,
their major, and we exchange phone numbers. During the school year, I take them treats. When we’re out of town,
they watch our pets. We invite them over for a barbeque, they invite us over for a small backyard get -togethers.
It's a tremendous effort to build the relationships but is mostly manageable with four or five students who live in a
neighboring house. However, allowing seven students in one house - and the corresponding noise related to the
higher occupancy - will change the dynamic of the relationship we currently enjoy with our student neighbors. All
of my hard work to improve the quality of life in our neigh borhood will be lost as we return to unmanageable
chaos of activity and noise associated with a high population of college students under one roof. As we are forced
to call the police for noise issues, discord and tension will follow. It is a set-up for disaster and I am disheartened by
the prospect.
I’d like to point out that throughout the years since we’ve moved in, noise in our neighborhood has significantly
decreased. I am confident it is due to my efforts to build trusting relationships with the students who live in the
more populated homes.
During the three years prior to moving in, police responded to 25 incidents at 1267 Fredericks mostly for noise
issues. I am unsure of the number of recent complaints but am certain it is close to zero because ou r student
neighbors respect our boundaries and rarely have late-night parties. We no longer call the police because it will
jeopardize the trusting, harmonious relationship we have with our neighbors. That dynamic would be shattered
with seven college students occupying the house.
High Occupancy Use
Property investor Sanjay Ganpule owns the property at 1267 Fredericks and several other rental properties in our
neighborhood. A few years ago he built a 6-bedroom house at 2008 McCollum, which is occupied by fraternity
members. The noise and parties associated with that property has degraded the quality of life in the neighborhood
and caused at least one family, Tom and Eve Neuhaus, to sell their property and move away. While it is apparent
that more than five students occupy the house, City representatives such as Derek Johnson and Michael Codron,
have explained that it is impossible to enforce the ‘five adult’ limitation if a lease only lists five people.
Dr. Ganpule now seeks a High Occupancy Use Permit to allow occupancy of seven adults next door to us at 1267
Fredericks Street, presumably to capitalize on the monthly rental income generated by m ore students. The Use
Permit disregards the current residents of our neighborhood and ignores the degradation of the quality of our
lives. That is not consistent with the General Plan which has a stated goal to "Maintain, preserve and enhance the
quality of neighborhoods, encourage neighborhood stability and owner occupancy, and improve neighborhood
appearance, function and sense of community."
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Approval of the Use Permit is in direct opposition to each and every of those listed goals and actually discour ages
them. It isn’t possible to make the Findings that the Use Permit is consistent with this policy.
The policies to enact the Goal include the mandate that development within established neighborhoods SHALL be
of a character, size, density and quality that respects the neighborhood character and maintains the quality of life
for existing and future residents (7.1). The policy also encourages programs and strategies that increase long-
term residency and stabilization in neighborhoods (7.8).
A High Occupancy Use Permit for the property does not maintain the quality of life for existing and future
residents, but actually diminishes it. It does not encourage increasing long-term residency and stabilization. As
evidenced as a common problem recently, long-term residents are selling their homes get away from the noise and
activity related to college student occupancy. The media has covered the subject in numerous articles, including
the an Editorial written by Tom Franciskovich of SLO Life Magazine, who moved from his SLO neighborhood
because of noise from the high population of students.
Approval of the High Occupancy Use Permit does not support the City Goals and Policies and will actually serve to
frustrate them. It is impossible for the Planning Commission to make the following Finding:
“2. The project is consistent with the Land Use Element Policy 2.2.12 (Residential Project Objectives ) and
Housing Element Policy 7.1 (Neighborhood Quality) because it is consistent with residential project
objectives for conservation and development of residential neighborhoods as it maintains the character,
size, density, parking and quality that preserves the neighborhood character and maintains the quality of
life for existing and future residents.”
Further, the neighborhood is mostly comprised of small dwellings with fewer than three people per unit. Seven
adults under one roof is very different than two adults under four roofs, or seven adults living separately in seven
studios. The cumulative effect of noise and activity associated with a greater number of people sharing one house
is exponential. Density is good when managed correctly. Allowing seven college students to occupy one house is
not “good” density, and it is not possible for the Planning commission to make the following Finding:
“5. The use is appropriate at the proposed location and will be compatible with surrounding land uses
that include existing apartment structures, properties with multiple units, and higher density uses existing
in the neighborhood.”
Finally, the City points out that the Use Permit is required to be reviewed annually and “violation of the
performance standards shall be the basis for enforcement action, which MAY include revocation.” (Zoning
Regulations 17.93, High Occupancy Residential Use Regulations). There is no reference to noise complaints or any
consequences related to the disruption in a neighborhood. But even if there was a caveat for that, it is nonsensical
to set up a situation that is going to negatively impact the neighborhood with the notion that it should be
approved because it may be revoked if there are verified problems. By then, the relationship has b een destroyed
between the student neighbors and other residents, and it sets up an adversarial relationship with our family and
the property owner. It’s a recipe for disaster. Currently, many owner occupants across San Luis Obispo share a
common complaint about disruptions and noise caused by students in their neighborhoods. Notably, those
problems houses don’t have High Occupancy Use Permits.
Thank you for hearing me out. Obviously, I am passionate about this subject because I have invested so much in
attaining a better quality of life in our neighborhood which I have grown to love. Please reject the Findings
proposed and deny the High Occupancy Use Permit for 1267 Fredericks Street.
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
12/10/2018 Gmail - Hathway Alley
https://mail.google.com/mail/u/0?ik=c193ab931d&view=pt&search=all&permmsgid=msg-f%3A1502371729194875125&simpl=msg-f%3A15023717291…1/2
Kathie Walker <kathiewalkerslo@gmail.com>
Hathway Alley
Johnson, Derek <djohnson@slocity.org>Wed, May 27, 2015 at 5:35 PM
To: Kathie Walker <kathiewalkerslo@gmail.com>
Cc: "Wallace, Christine" <cwallace@slocity.org>, "Floyd, Aaron" <afloyd@slocity.org>, "Staley, Chris" <cstaley@slocity.org>,
"Liddell, Dan" <dliddell@slocity.org>, "Codron, Michael" <mcodron@slocity.org>
Dear Kathie,
Thank you for being patient while we developed a comprehensive approach for addressing the problems in the Hathway
Alley. We wanted to provide a more hands on and a comprehensive approach by which the City could holistically
address the issues in the Alley. Thus, Police, Utilities, and Code Enforcement developed the following short and longer
term strategy to achieve the desired outcome of long term improvement of the conditions. In an effort to achieve an
immediate, short term solution to code violations in Hathway alley, we will implement the following and would like your
input before moving forward:
1. Coordinate with Utilities for special trash pick-up throughout the alley and to “clean sweep” current
challenged locations.
2. Add “No Parking” signs at the East end of Hathway alley; add additional “no parking” at intervals
throughout the interior of the alley.
3. Label trash cans with property addresses.
4. Coordinate an all student email with Clean Up week information.
5. Coordinate with the Garbage Company to change service pick-up to the front of the properties,
rather than the alley way. Notices will be sent the 1st week of June when this will be in effect.
6. Continue with daily/weekly Neighborhood Services Specialists (NSS) patrol to identify code
violations.
By implementing these actions, we will be able to achieve compliance through owner identification, citation, and
community education. Additionally, we propose a long term plan, intended to prevent the issues going forward:
1. Notify all property owners, which border the alley, of clean up information and state that future clean-
ups will be at their cost.
2. Request the re-paving of the alley to allow for the easy identification of what is the public road and
what is private property (this will assist parking enforcement, emergency vehicle and trash removal
access).
3. Distribute door hangers to properties which border the alley that detail trash and parking
expectations (consider doing in early September, January and March).
4. Explore with Public Works the option of adding street lights in the alley or at entry points.
5. Explore with Planning the possibility of modifying the MC§17.17.075A to require trash can screening
in alleys.
12/10/2018 Gmail - Hathway Alley
https://mail.google.com/mail/u/0?ik=c193ab931d&view=pt&search=all&permmsgid=msg-f%3A1502371729194875125&simpl=msg-f%3A15023717291…2/2
6. Schedule NSS and Neighborhood Officer “walk & talks” in the Fall to encourage compliance with
noise, parking, and trash laws.
With a partnership of Neighborhood Service Specialists, Code Enforcement, Police, Utilities, Fire, and Parking officers,
implementation of this plan should achieve compliance through environmental changes and thus prevent the careless or
operational issues that have plagued the alley for decades. Please expect to hear from Dan Liddell who is the team lead
on comprehensively addressing these issues and seeing through the implementation of each of these action items listed
in this email.
Thank you,
Derek
BCC: Mayor and Council
From: Kathie Walker [mailto:kathiewalkerslo@gmail.com]
Sent: Tuesday, May 26, 2015 6:26 PM
To: Johnson, Derek
Cc: Marx, Jan; Wallace, Christine; Lichtig, Katie; Christianson, Carlyn; Rivoire, Dan; Carpenter, Dan; Ashbaugh, John
Subject: Re: Hathway Alley
Hi Derek,
[Quoted text hidden]
[Quoted text hidden]
12/10/2018 Gmail - Hathway Alley
https://mail.google.com/mail/u/0?ik=c193ab931d&view=pt&search=all&permmsgid=msg-f%3A1502284324457454434&simpl=msg-f%3A15022843244…1/1
Kathie Walker <kathiewalkerslo@gmail.com>
Hathway Alley
Kathie Walker <kathiewalkerslo@gmail.com>Tue, May 26, 2015 at 6:26 PM
To: "Johnson, Derek" <djohnson@slocity.org>
Cc: jmarx@slocity.org, "Wallace, Christine" <cwallace@slocity.org>, klichtig@slocity.org, cchristi@slocity.org,
"drivoire@slocity.org" <drivoire@slocity.org>, dcarpent@slocity.org, jashbaug@slocity.org
Hi Derek,
The recycling truck was unable to pass through Hathway Alley today because there was not enough room due to the
trash containers on one side (directly across from our property along the fence) and a vehicle parked on the other side
(belonging to one of the students at 1267 Fredericks Street).
We heard the recycling/trash man yelling and went out to the alley to see what was wrong. He was upset because he
could not get his truck through the alley. He said he has repeatedly reported the problem to Community Development to
no avail. He said the piles of junk, trash cans and illegally parked cars that encroach into the alley are a continual problem
that blocks their ability to drive through the alley. He told me he feels bad for us because we have to live with that junk
pile in our own backyard. :(
While the trash/recycling truck waited, my husband moved many of the trash bins along the fence opposite our
property and the student next door moved her car so that the trash truck could pass through the alley.
If there was a fire, there is no way a fire truck would not have been able to pass through the alley. This is not an isolated
incident!
I am frustrated because I have been working with the City to rectify this problem since 2010. I looked back at my
notes. Ardith Tregenza tried to help but was unable to make any progress. There were other people in Community
Development that tried to help - one posted signs on the trash bins - but he has left the City, too. I sent you graphic
photos in October 2014 and again last week to illustrate the terrible problem. I've spoken with Dan Liddell and Christine
Wallace. According to the recycling/trash employee, he has also notified the City numerous times.
I previously suggested a solution: Residents keep their trash bins in their yards and wheel their blue bins to the front yard
(on Stafford and Fredericks) on pick up day. Currently all bins, including recyclables, green waste and trash, are kept in
the alley 24/7. If we were able to eliminate the continual traffic of people that dig through the blue bins and transfer the
trash into the green bins while they look for recyclables it would begin to solve the problem. Christine Wallace told me she
could not implement the solution because it was beyond the scope of her job...It would need to go through
Community Development.
Please, let's work together proactively to find a solution.
Respectfully,
Kathie Walker
-Kathie Walker
On Wed, May 20, 2015 at 7:48 AM, Johnson, Derek <djohnson@slocity.org> wrote:
[Quoted text hidden]
HATHWAY ALLEY
WEDNESDAY 10/1/2014
HATHWAY ALLEY ON A “GOOD DAY”
WEDNESDAY 10/1/2014
THE DAY AFTER TRASH PICK-UP ON TUESDAY 9/30/2014
HATHWAY ALLEY (Westward)
Sunday, May 17, 2015
“A” Broken glass wine bottles spilling
out of toppled blue bins
“C” Dumpster of trash turned over
and spilling into Alley
“B” Area meant for
dumpster filled with
trash and debris
“D” Trash and broken glass in
alley from trash bins that were
knocked over
“E” Area meant to house
trash bins filled with loose
junk and debris
“A”
Broken glass wine bottles spilling
out of toppled blue bins
“B”
Area meant for dumpster
filled with trash and debris
“C”
Dumpster of trash turned over
and spilling into Alley
“E” Area meant to house
trash bins filled with
loose junk and debris
“D”
Trash and broken glass in alley from trash
bins that were knocked over
ROADWAY NOT MAINTAINED
POTHOLES AND CRUMBLING BLACKTOP
THROUGHOUT ALLEY
“E”
Area meant to house
trash bins filled with loose
junk and debris
HATHWAY ALLEY Eastward
Sunday, May 17, 2015
“A”“B”“C”
“A”
Green Waste containers never emptied
Trash and debris build up in this area
“B”
Graffiti on building
“C”
Trash in weeds along alley
After Pick-up of Trash, Recyclables & Green Waste
Tuesday, May 19, 2015
Bushes encroach
5’ into alley
Dumpster area/junk still
encroaching in Alley
Cars and bins still
encroaching in Alley
Trash and junk still dumped
on ground near bins
Hathway Alley
6/8/2015
Trash bins still surrounded
by trash in Alley
Trash still gathered
at base of bushes Cars still illegally parked
encroaching in Alley
GarageGarage
GarageGarage
Parking
Lot
ADU
Parking
Lot
Garage
GarageGarage
PROPOSED
ADDITION
Deck
1 2 2
24
5 2/2
1
1 2
1
12
1
2
1
1
Parking
Lot
1
2
2
Parking
Lot
1
2
Garage
1270
1267 1269
SFR
Garage 3
Garage
12511241
2
PARKING
PARKING
G
G G
G
G G G G
GG
N
2
22/2
2
1
1
2
5
1
112
412
2
2
Single-story SFR
w/garage.
Owner, Al Fiscalini,
visits once a week
to do yard
maintenance.
Single-story SFR
converted to duplex
w/garage.
No college students
Single-story SFR
converted to duplex
w/garage.
Single-story SFR
cottages face
Fredericks
Two story duplexes
face Kentucky and
overlook our
property. One
tenant in most
units.
No college
students.
Our property
Single-story,
SFR & ADU
Owner
occupied.
No college
students.
1267 Fredericks
(Historical Property)
Single-story SFR
w/garage:
11
2
1 4
Single-story
SFR w/garage
& ADU
Owner
occupied.
No college
students.
2
Two single-story
bungalow duplexes
w/garage. One unit
owner-occupied.
No college students
G
Single-story SFR
converted to
duplex w/garage
Single-story
SFR w/garage
Single-story
SFR w/garage
Single-story
SFR w/garage
Single-story
SFR w/garage
Single-story
SFR
Single-story
SFR
Single-story
SFR w/garage
Single-story
SFR w/garage
Triplex
w/garage
Single-story
SFR w/garage
PARKING
Fourplex Triplex
1