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Home My WebLink About12/12/2018 Item 3, Walker (2) Goodwin, Heather From:Steven Walker <stevewalkerslo@gmail.com> Sent:Wednesday, December To:Advisory Bodies Subject:Planning Commission - 1267 Fredericks High Occupancy Use Permit Attachments:(1) Fireworks @ 4 a.m. 1269 Stafford.pdf; (2) Fireworks @ 4 a.m. on Stafford.pdf; (3) Fireworks @ 4 a.m. on Stafford.pdf; (4) Fireworks @ 4 a.m. on Stafford.pdf; (5) Fireworks @ 4 a.m. on Stafford.pdf; (6) Fireworks @ 4 a.m. on Stafford.pdf Dear Planning Commissioners, My wife, Kathie, and I live next to 1267 Fredericks and are opposed to the High Occupancy Use Permit. Kathie has provided some information but I would like to supplement it with information related to problems with a house at 1269 Stafford Street, also known as "the rugby house", which has a High Occupancy Use Permit. It is far enough from our home that we usually are not affected, but there was an incident a few years ago from that house which disrupted our entire neighborhood and ultimately involved San Luis Obispo Police, Fire Marshall and Cal Poly Police. I have attached the emails so you can read them. The case was transferred to Cal Poly and handled by them and there were no consequences related to the High Occupancy Use Permit. There are no records of the incident in the Police log and email correspondence is our only record. The police dispatcher and record custodian said that records for specific houses are not always recorded. For example, someone from Kentucky Street may call and report fireworks on Stafford. If the original source can't be located, the police report will log the call from Kentucky Street. Another problem for related to accurate records at the SLOPD is that a caller may report noise for 1269 Stafford and the Cal Poly Police are dispatched. That happens frequently in this neighborhood and those records are not recorded with SLOPD. It is a flawed system and does not represent the real problems related to parties and noise in our neighborhood. Last year, the members of the house at 1269 Stafford were issued a Disturbance Advisory Card by for noise by the SLOPD on April 5 and a Citation for noise by the SLOPD on November 9. There were no consequences related to the High Occupancy Use Permit. Firework explosions are a continual problem on Stafford. It wakes us up and scares our pets. By the time we get over there, everyone has run away. We can see the smoke and we find remnants of the exploded fireworks on the street in front of the house at 1269 Stafford but there is no way to show they are responsible if there isn't a firsthand witness. It is a frustrating problem and there seems to be no solution. After the incident a few years ago, which was verified by witnesses, and led to involvement by the Fire Marshall, Police from SLOPD and Cal Poly, Doug Davidson wrote an email which says, "The fireworks incident is the first complaint regarding this property since the high occupancy use was granted in October, 2013. As described below in this email, the Fire Chief and other public safety officials visited the th property on March 17 and reviewed with the residents the legal, social, and educational consequences of their actions. A personal knock on the door from four top public safety officials should have made quite an impact. We hope so. Any additional violations of the use permit conditions, or other applicable City Ordinances, will require a public hearing to review the use permit and consider additional or modified conditions or revocation. The property owner is aware of these stipulations." 1 There were two verified complaints with SLOPD last year but there was not a public hearing or review of the Use Permit. There were no consequences. Approving a High Occupancy Use Permit for 1267 Fredericks will only invite problems. The City has not held the property at 1269 Stafford Street accountable even though there have been documented problems. We have worked very hard to improve our neighborhood on Fredericks and our progress will be jeopardized with seven college students living next door. Thank you for your consideration of our family and the quality of life in our neighborhood. Sincerely, Steve Walker Owner-occupant, 1269 Fredericks Street, SLO 2 12/12/2018 Gmail - Fireworks @ 4 a.m. on Stafford https://mail.google.com/mail/u/0?ik=c193ab931d&view=pt&search=all&permmsgid=msg-f%3A1495742808699945761&simpl=msg-f%3A14957428086…1/2 Kathie Walker <kathiewalkerslo@gmail.com> Fireworks @ 4 a.m. on Stafford Kathie Walker <kathiewalkerslo@gmail.com>Sun, Mar 15, 2015 at 1:31 PM To: sgesell@slocity.org, jmarx@slocity.org Chief Gesell: My family was jolted awake early this morning by loud, successive explosions. My husband and I thought someone was firing a weapon in our backyard and could see flashes through our window. I realized it was fireworks and ran to the back of our property on Hathway Alley. I could see smoke rising from over the houses on Stafford so I walked up the alley to Kentucky to Stafford. Aside from car alarms, there was no activity on Kentucky. As I walked down Stafford toward California the only activity was a college-aged man (Guy #1) banging loudly on the door at 1269 Stafford. He repeatedly banged 6-7 times and yelled "Police!" I stood on the sidewalk in front of the house and witnessed the occupants of the house open the door about 12"-18". They all laughed as he said, "Just joshing ya," and they opened the door wider to allow him inside, slapping him on his shoulder. As he moved inside the house I yelled from the sidewalk, "Hey! Did you see the fireworks?" and he responded, "Yes, we're investigating that," while the guys behind him in the front room were laughing. I told him that I witnessed him bang on the door, ID himself as the police, and knew he wasn't telling me the truth. As he stepped back onto the porch the guys inside the house closed the door, leaving him alone on the porch. He walked up to me and it was obvious he was intoxicated but was friendly. I told him we have children and the fireworks scared them. He reached out to shake my hand and told me that he lived on the corner of Kentucky and Stafford. I asked him if they guys in the house (at 1269 Stafford) had anything to do with the fireworks and he said he wasn't sure. He told me he didn't even know the guys in the house. As a mom of five children, three who are now adults, I have seen/heard it all. I could tell he was lying. We continued to talk and he confessed that it might have been the guys in that house. Another male student walked up from the yellow house on the corner of California and Stafford. He said he was with his girlfriend and they saw the whole thing. He said he thought that the guys in the house at 1269 Stafford were responsible for the fireworks. At that point the police arrived at Kentucky/Stafford. Both 'Guys' saw the officer's flashlights coming from Stafford. Guy #1 said, "Oh no. I'm outta here" and turned to walk toward California. I said, "Wait! You said you lived at Kentucky and Stafford. You're going the wrong way." He replied, "I do. But I'm going to 7-11 to get something to drink." Guy #2 also turned to walk away. I followed and asked him if he would stop to talk to the police. He said he was afraid of the police. One officer walked up to me and said he saw the fireworks from Santa Rosa Street. I told him about the two 'Guys' - one banging on the door at 1269 Stafford and the other on the corner, and that they both left the area...Guy #1 to 7-11 and Guy #2 to his house. Soon after, Guy #2 walked back to speak with the officer and me. The officer used his flashlight to reveal small scraps of cardboard, the remains of the fireworks, which were strewn around Stafford Street. Guy #2 said he knew the fireworks came from one of two houses. When pressed by the officer he said it was likely the guys in "the rugby house." The officers continued to look around the area and I walked home. This morning my husband went for a walk and found two 18" spent cardboard firework shells. I picked them up by the top edge and put them in a plastic bag from a newspaper (also in the street). I have attached a photo of the shells and used the newspaper for perspective. A male student was in the front yard at 1269 Stafford Street and we conversed. He was sheepish and would not make eye contact with me or my husband. Me: Did you hear the fireworks at 4 am? Male: No. I was asleep. Me: Come on. We live a block away and it sounded like bombs were going off in our backyard. Male: Well...I don't know. (looking to the side and downward) Me: Is this the rugby house? Male: Um, well some of the guys play rugby. I don't. 12/12/2018 Gmail - Fireworks @ 4 a.m. on Stafford https://mail.google.com/mail/u/0?ik=c193ab931d&view=pt&search=all&permmsgid=msg-f%3A1495742808699945761&simpl=msg-f%3A14957428086…2/2 Me: Listen. I know this is college and you all want to have fun. But it's not fun when fireworks go off at 4 am. That really scared us and our kids. We like the students, our neighbors. They carved pumpkins with us last Halloween. They're great. But it's a matter of respect... Male: I don't know anything. (still would not make eye contact) Me: Okay. Well I found these firework shells and I'm going to take them to the police. We need to get to the bottom of this. Male: Uh...I don't know what to say. (now looking at me) Me: I know you have a high-occupancy use permit at this house. There's 7 people here. You could be at risk for losing that. Male: Okay. I'll talk to them. As I walked down the street I spoke with an elderly neighbor on Stafford, Sid Marques. Although he is hard-of-hearing he said he was jolted awake and thought his house "were being fired upon." It was very scary for him and his wife, as well. I urge your officers to step up patrol in our neighborhood. Aside from Hathway Avenue, problem areas exist at Kentucky/Stafford and Kentucky/Fredericks. The firework shells are in a plastic bag and were only handled at the top edge. Please let me know if you are interested in having them for your investigation. I urge you to take these problems seriously and hold these people accountable. Respectfully, Kathie Walker (805) 543-9661 Fireworks on Stafford 3.15.2015.jpg 895K 12/12/2018 Gmail - Fireworks @ 4 a.m. on Stafford https://mail.google.com/mail/u/0?ik=c193ab931d&view=pt&search=all&permmsgid=msg-f%3A1496007194725832899&simpl=msg-f%3A14960071947…1/1 Kathie Walker <kathiewalkerslo@gmail.com> Fireworks @ 4 a.m. on Stafford isiesid@aol.com <isiesid@aol.com>Wed, Mar 18, 2015 at 11:33 AM To: ddavidson@slocity.org Cc: kathiewalkerslo@gmail.com Mr. Davidson: Please read all about the noise from 1269 Stafford. Over a year ago the Landlord (Atala) requested more students to live at 1269...during that time they were quiet and therefore Edith Jakes and I did not pursue the issuance of additional students. Do you talk to Atala or or I? Even tho it has been over a year, and I think new students have come into 1269,can we as Stafford neighbors, oust that additional students clause? Reading what has happened on Sunday morning certainly gives cause to eliminate the additional student occupancy. -----Original Message----- From: Kathie Walker <kathiewalkerslo@gmail.com> To: Isabel & Sid Marques <isiesid@aol.com>; Edith Jakes <jkjemj@hotmail.com>; Dee & Frank Jakes <frankdeej@gmail.com> Sent: Tue, Mar 17, 2015 5:37 pm Subject: Fwd: Fireworks @ 4 a.m. on Stafford I wanted to send this along for your information regarding the fireworks set off on Stafford early Sunday morning. The Fire Chief sent me this email after making a visit to the guys at 1269 Stafford today. ---------- Forwarded message ---------- From: Olson, Garret <golson@slocity.org> Date: Tue, Mar 17, 2015 at 3:53 PM Subject: RE: Fireworks @ 4 a.m. on Stafford To: "Marx, Jan" < jmarx@slocity.org>, Kathie Walker < kathiewalkerslo@gmail.com> [Quoted text hidden] 12/12/2018 Gmail - Fireworks @ 4 a.m. on Stafford https://mail.google.com/mail/u/0?ik=c193ab931d&view=pt&search=all&permmsgid=msg-f%3A1496648860847526180&simpl=msg-f%3A14966488608…1/1 Kathie Walker <kathiewalkerslo@gmail.com> Fireworks @ 4 a.m. on Stafford Davidson, Doug <ddavidson@slocity.org>Wed, Mar 25, 2015 at 1:28 PM To: "isiesid@aol.com" <isiesid@aol.com>, "kathiewalkerslo@gmail.com" <kathiewalkerslo@gmail.com> Cc: "Cohen, Rachel" <rcohen@slocity.org> On October 18, 2013 the property received approval to have 7 adults living at the residence. City Code Enforcement and the Police Department have not received any complaints or violations since that time. The fireworks incident is the first complaint regarding this property since the high occupancy use was granted in October, 2013. As described below in this email, the Fire Chief and other public safety officials visited the property on March 17th and reviewed with the residents the legal, social, and educational consequences of their actions. A personal knock on the door from four top public safety officials should have made quite an impact. We hope so. Any additional violations of the use permit conditions, or other applicable City Ordinances, will require a public hearing to review the use permit and consider additional or modified conditions or revocation. The property owner is aware of these stipulations. You both will be notified in the event of any future public hearing on this property. Please contact Rachel Cohen, project planner, if you have any further questions or become aware of other incidents that violate the use permit conditions. She can be reached at 781-7574 and is copied on this email. Thanks Doug Davidson Deputy Director Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 E rcohen@slocity.org T 805.781.7177 slocity.org From: isiesid@aol.com [mailto:isiesid@aol.com] Sent: Wednesday, March 18, 2015 11:34 AM To: Davidson, Doug Cc: kathiewalkerslo@gmail.com [Quoted text hidden] [Quoted text hidden] 12/12/2018 Gmail - Fireworks @ 4 a.m. on Stafford https://mail.google.com/mail/u/0?ik=c193ab931d&view=pt&search=all&permmsgid=msg-f%3A1495760648730934401&simpl=msg-f%3A14957606487…1/1 Kathie Walker <kathiewalkerslo@gmail.com> Fireworks @ 4 a.m. on Stafford Gesell, Steve <sgesell@slocity.org>Sun, Mar 15, 2015 at 6:15 PM To: Kathie Walker <kathiewalkerslo@gmail.com> Cc: "Marx, Jan" <jmarx@slocity.org>, "Staley, Chris" <cstaley@slocity.org>, "Wallace, Christine" <cwallace@slocity.org> Kathie, Sorry to hear about your ordeal. Incredibly disrespectful and disruptive behavior we do take seriously. If you have not heard of our neighborhood officer program, we have assigned areas of ownership throughout the city to individual officers. This gives you an option to contact them directly when particular problems arise and provide a more personalized and ideally more effective service. You will find out who they are and their contact number by going to www.slocity.org on the police department page and going to the map. I am copying Capt Chris Staley and our Neighborhood Outreach Manager Christine Wallace as I'm confident we can assist. Thanks for reaching out and take care. Steve Gesell Police Chief San Luis Obispo [Quoted text hidden] > <Fireworks on Stafford 3.15.2015.jpg> 12/12/2018 Gmail - Fireworks @ 4 a.m. on Stafford https://mail.google.com/mail/u/0?ik=c193ab931d&view=pt&search=all&permmsgid=msg-f%3A1495818427360864784&simpl=msg-f%3A14958184273…1/1 Kathie Walker <kathiewalkerslo@gmail.com> Fireworks @ 4 a.m. on Stafford Wallace, Christine <cwallace@slocity.org>Mon, Mar 16, 2015 at 9:33 AM To: Kathie Walker <kathiewalkerslo@gmail.com> Cc: "Staley, Chris" <cstaley@slocity.org> Hi Kathie, As Chief Gesell shared, we have two officers assigned to your neighborhood. The direct link to program information is below. Neighborhood Officers can make daytime "house calls" to make contact with folks in your area that may be causing problems. Please let me know how I can assist further. http://www.slocity.org/government/department-directory/police-department/neighborhood-officer-program Best, Christine (And very nice to meet you in person last week!) [Quoted text hidden] 12/12/2018 Gmail - Fireworks @ 4 a.m. on Stafford https://mail.google.com/mail/u/0?ik=c193ab931d&view=pt&search=all&permmsgid=msg-f%3A1495932962004864583&simpl=msg-f%3A14959329620…1/1 Kathie Walker <kathiewalkerslo@gmail.com> Fireworks @ 4 a.m. on Stafford Olson, Garret <golson@slocity.org>Tue, Mar 17, 2015 at 3:53 PM To: "Marx, Jan" <jmarx@slocity.org>, Kathie Walker <kathiewalkerslo@gmail.com> Cc: "Lichtig, Katie" <klichtig@slocity.org>, "George Hughes (grhughes@calpoly.edu)" <grhughes@calpoly.edu>, "Gesell, Steve" <sgesell@slocity.org> Mayor Marx and Ms. Walker, This afternoon I, along with City Fire Marshal Rodger Maggio, City Police Officer Jennifer Hyman, and University Police Officer Frank Herrera visited the residents at 1269 Stafford to inform them of the legal, social, and educational ramifications of the conduct attributed to their residence. The two students with whom we spoke denied personal responsibility for the fireworks but apologized for the disturbance. Our Fire Marshal shared with them the legal issues surrounding the use of fireworks. We offered to dispose of any unspent fireworks for them, but they stated they were not aware of any fireworks in the residence. Officer Hyman spoke about the noise ordinance and how this experience shines a bright light on their residence as it pertains to this and other related poor decision making. She also cleared up some misinformation the students had regarding where they are permitted/prohibited from drinking alcohol on their property. Officer Herrera reminded the young men that conduct off campus by Cal Poly students will have on-campus ramifications. I spoke with them about their responsibility to be good neighbors and how actions such as this fan the flames of an already tense relationship between student and full time residents. They seemed genuinely contrite. Overall I felt the dialogue was very productive. Before leaving, we provided the residents with a letter from the Fire Marshal which provides greater detail on the issue of fireworks violations as well as reference to the noise ordinance. We encouraged them to spread the word among their friends that the City and University take these matters quite seriously. They assured us that they would. Thank you, Ms. Walker, for providing us with the details necessary to follow up. Garret Olson, Fire Chief San Luis Obispo City Fire From: Marx, Jan Sent: Monday, March 16, 2015 9:03 AM To: Kathie Walker Cc: Olson, Garret; Lichtig, Katie Subject: RE: Fireworks @ 4 a.m. on Stafford [Quoted text hidden]