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HomeMy WebLinkAbout03/17/1998, 6 - REQUEST FOR REJECTION OF USER PERMIT #U-178-97 1 Request for Rejection of User Permit File #U 178-97 ' (Relocation of Hostel to 1617 Santa Rosa Street) 1 Appeal to be heard on �y / March, 17, 1998 /�(• 1 presented to ' Allen K. Settle, Mayor Kathy Smith, Vice Mayor ' Bill Roalman, Council Member Dave Romero, Council Member ' Dodie Williams, Council Member by Wolfgang and Susanne Gartner 1635 Santa Rosa Street San Luis Obispo, CA 93.401 (805) 544-8767 .i � r r e , t 97 I INS AGEND i _ ITEM 'IG6 8'x36 27 16' Ef UNCIL C' DIR eT p 0 IR � pp 0 CHIEF A iORNEY ❑ IR 22' �C ERKIORIG O CE CHF TTEAM ❑ DIR ODIR p ❑PIS DIR s:1e TMPu RU" NEA 16' 9'x10 243' 0' 9'x10 E3' PATM/D= ti<18 V� rn q \ h 32' 7x22 16' 34' NOr 0 7x18 W 63' 10' 14' 9100 7x10 W `6 m' 1292 FOOTHILL PROPOSED PARKING PLAN 1.16' is, �„� i I I i 0 I T11 .2 FEE Ea EIS EID/ I i I I LV I O I m m u ® 0D i N O N N i e'xlfi O ss• '• 3z' � N 2a 9 22• 9.� TURNAROUND MEA 9'x18 243' 23' 7x18 23' PATlafD= e � VA 2(r O 7x18 9 32' 7x22 _ 34' N 0 O W 6• D' 14' 9'x18 7x18 ® W / 22' /0�°� 1292 FOOTHILL PROPOSED PARKING PLAN i`�`1fi Parcel Size Survey Fraternity/Sorority Residents Square Footage Square Footage per Person 1. Lambda Chi Alpha 13 159750 1211 1292 Foothill 2. Alpha Gamma Rho 60 162966 283 132 California 3. Alpha Chi Omega 8 25,312 1102 1564 Foothill 4. Alpha Phi 23 251312 1100 1290 Foothill 5. Delta Sigma Pi 40 212600 540 244 California 6. Kappa Alpha Theta 24 152170 632 180 California 7. Phi Sigma Kappa 11 92387 853 Monte Vista 8. Pi Kappa Alpha 20 162350 817 1252 Foothill 9. Sigma Chi 42 209375 485 1236 Monte Vista 10.Sigma Nu 16 11,981 749 LAMBDA CHI ALPHA FRATERNITY 8741 Founders Road • Indianapolis,IN 46268 • (317)872-8000 • FAX (317)875-3828• www.lambdachi.org EVENT PLANNING FORM , CHAPTER/COLONY: (DE SCHOOL: Cal Poly, SLO CONTACT NAME: Mike Udell EVENT DATE(S): 4/17/98 1. Please check all applicable boxes for the upcoming event. ❑ Contracts have been/will be signed with a third party vendor(caterer, licensed cash bar, bartenders, rented facility, security, bus company, etc.). ❑ The event is planned at a site more than 10 miles from the chapter house or campus. ❑ The event is planned to exceed six hours in duration. ❑ During a similar previous event, an accident or injury occurred. ❑ The total number of people, including members, that will be allowed to attend will exceed three times the chapter membership (the number of associate and active members). ❑ This event will be co-sponsored with another fraternity or sorority. .2. What should I do with this form? • If the above criteria DOES NOT APPLY to the upcoming event, please complete the following form and keep the form on file at the chapter/colony. • If at least one of the above criteria is applicable to the upcoming event, please complete the following form and submit it to the General Fraternity NO LATER THAN 30 DAYS PRIOR TO THE EVENT address/FAX information above). 3. What happens after the form is properly completed? • If this event is planned such that this form needs to be submitted to the General Fraternity, the plans for the event will be accepted, rejected, or adjusted to adhere to applicable policies. This information will be used to adjust liability insurance premiums for your chapter. • If this form does not require General Fraternity review, the form must be kept at the chapter. Each semester, the visiting educational leadership consultant will inventory all files kept at the chapter. By keeping the forms on file, your chapter will receive a reduction in its liability insurance premium for the following semester. ** WARNING!! FAILURE TO COMPLY WITH THE RISK MANAGEMENT POLICIES OF LAMBDA CHI ALPHA AND PROCEDURES OUTLINED IN TMS EVENT PLANNING FORM WILL RESULT IN LOSS OF INSURANCE COVERAGE.** Lambda Chi Aloha Event Plannintt Form Page 1 of 6 GENERAL INFORMATION O Name of event: Alumni Weekend Welcome O Location of the event: [A Chapter house ❑ Rented facility ❑ Other: O Beginning time of the event: 5:00 pm Ending time of the event: 8:00 pm O Purpose of event: ❑ Recruitment E� Socialize ❑ Other: O Description of activities at this event: We will be welcoming the Fraternity Alumni into town. O Will there be any special construction/decorations for this event: ❑ Yes ❑ No "If Yes, please describe.** O Person(s) performing construction: O Phone#: ( ) - O How many times has this event been held in the past? is O Did any accidents occur at this previous event? ❑ Yes [0No **If Yes, attach an explanation of the accident and the changes made to prevent a reoccurrence.** O Is university permission required for this event? ❑ Yes 9 No **If Yes, please submit a copy** CROWD CONTROL O Planned attendance: O How will admission be controlled? ❑ Guest list Open to public Members 30 r❑-, mer: Members& Al, Alumni 20 t.J Dates O How many chapter members will serve as sober party monitors? Guests (At least one monitor for every 10-15 guests): N/A Grand Total 50 **Please attach a list of the sober party monitors' names.** ❑ Professional security guards wM be hired for this event. (If not checked, proceed to next section) O How many will be hired? Hours of service: to **Please attach contract** O Hired from: ❑ University/College ❑ Hotel ❑ Off-Duty Police Ll Security company❑ Other Name of Company: O Contact Person: Phone#: ( ) - O POSSESSION OF FIREARMS BY SECURITY PERSONNEL IS PROHIBITED! DO THEY UNDERSTAND THIS AND WILL THEY COMPLY? ❑ Yes ❑ No Alumnus involved in event planning review: Chanter Member involved in event planning review: Name: Name: Address: Address: City: State Zip: City: State Zip: Phone#: W: ( ) - Phone#: W: ( ) - H: ( ) - H: Lambda Chi Alpha Event Planning Form Page 2 of 6 ❑ Contracts have been/will be-signed with a third party vendor(caterer, licensed cash bar, bartenders, rented facility,security, bus company, etc.). If not checked, proceed to Neat Section C Please check all types of property the chapter will be renting, borrowing, and/or using. r Real Property Personal Property ❑ Banquet Room ❑ University Facilities ❑ Stereo Equipment ❑ Props El❑❑Hotel Room El Sports Field ❑ Party Equipment ❑ Boats ❑ Other: Other: O Please check all vendors that will be used for this event. ❑ Food Caterer ❑ Security Guards ❑ Bus Company ❑ Licensed Cash Bar ❑ Bartenders ❑ DJ ❑ Band ❑ Other. O COPIES OF ALL CONTRACTS MUST BE SUBMITTED TO THE GENERAL FRATERNITY. PLEASE USE THE CONTRACTS ATTACHED TO THIS EVENT PLANNING FORM. O A CERTIFICATE OF INSURANCE NAMING LAMBDA CHI ALPHA FRATERNITY,THE CHAPTER,AND THE HOUSE CORPORATION AS ADDITIONAL INSURED(WITH PRIMARY COVERAGE) MUST BE SUBMITTED FROM EACH VENDOR MARKED ABOVE. (SEE ATTACHED EXAMPLES). • IF EITHER A LICENSED CASH BAR OR BARTENDERS WILL BE USED,PLEASE COMPLETE AND SUBMIT THE THIRD PARTY VENDOR CHECKLIST FOUND ON PAGE 6. ❑ The event is planned at a site more than 10 miles from the chapter house or campus. If not checked. proceed to Neat Section ** ALL PERSONS ATTENDING THIS EVENT SHOULD USE ROUND-TRIP TRANSPORTATION.** O What is the distance to the site of the event from the chapter house/campus? NO ALCOHOLIC BEVERAGES MAY BE CONSUMED DURING TRANSPORTATION. O How will members and guests travel to the event? © Please submit a list of drivers if: ❑Driving separately ❑ Carpool O Please complete section for contracts if: ❑ Renting automobiles/boats ❑ Chartering bus(es) Name of Company: Contact Person: Phone#: ( ) - I—I The event is planned to exceed six hours in duration. If not checked,proceed to Nert Section O Why will this event exceed six hours in duration? O Will ample food(other than salty snacks)and non-alcoholic beverages be available? ❑ Yes ❑ No Who will provide the food?. Phone#: ( ) - ❑ The total number of people including members that will be allowed to attend will exceed three times the chapter membership(the number of associate and active members). If not checked,proceed to Nett Section O Security Guards must be hired for this event (At least one guard per 50 people). O Please complete the section concerning contracts. 0 BOTH THE SECURITY CONTRACT AND CERTIFICATE OF INSURANCE MUST BE SUBMITTED wITH THIS EVENT PLANNING FORM. - T nm}.an (`l.i Alnl.n F..w.r Dl.,n..:nn Timm Dnne Z nF F. ❑ Another fraternity or sorority will cosponsor this event. If not checked, proceed to Nem Section O What fraternity or sorority is cosponsoring this event? O Does this organization have insurance? ❑ Yes ❑ No , O Do both organizations appear on all contracts? ❑ Yes ❑ No O Have officers from both organizations met to establish event plans? ❑ Yes ❑ No O Will the alcohol policies of all organizations be followed? ❑ Yes ❑ No ❑ Alcohol will be present at this event. If not checked, proceed to I Neat Section O Is written permission required by the university/college for alcohol use at this event? ❑ Yes ❑ No **If Yes, attach a copy** O Have you read and do you understand the Policies of Lambda Chi Alpha? ❑ Yes ❑ No O Does the usage of alcohol at this event comply with these policies? ❑ Yes ❑ No ** WARNING!! FAILURE TO COMPLY WITH THE RISK MANAGEMENT POLICIES OF LAMBDA CHI ALPHA WILL RESULT IN LOSS OF INSURANCE COVERAGE.** O When will alcoholic beverages be permitted? ❑ Before ❑ During ❑ After O Who will provide the alcoholic beverages? ❑ Licensed cash bar(Third Party Vendor) ❑ BYOB ❑ Other: O Who will serve alcohol? ❑ Professional Bartenders ❑ Chapter Members of legal age Alumni ❑ Open access ❑ Other: O What kinds of alcohol will be present? Beer Liquor Wine/wine coolers O What charge, if any, will be made for alcoholic beverages? ❑ Admission ❑ Contributions ❑ Charge By Drink ❑ Donations ❑ Chapter Funds ❑ No Charge O Will the chapter be using an alcohol check-in procedure for this event? ❑ Yes ❑ No **If Yes, please explain in detail**: O What methods will be used to limit individual consumption of alcohol? Professional bartender discretion ❑ Punch card system ❑ Ticket system O Will ample non-alcoholic beverages be provided without charge? ❑ Yes ❑ No O Hours of service: to **Must stop one hour before the event ends** O How will the verification of legal drinking age be accomplished? ❑ By chapter members at entrance of event ❑ By security guard at entrance of event ❑ By professional bartender for each purchase ❑ Other, explain: O How will those persons of legal drinking age be identified? ❑ Unremovable wrist band ❑ Non-transferable hand stamp ❑ ID checked each time ❑ Other explain: O What procedure will be taken if minors are observed drinldng? O Will public transportation be provided for individuals that have consumed alcohol? ❑ Yes ❑ No If Yes what type? ❑ Taxi cab ❑ University bus system ❑ Sober monitors as drivers ❑ Other explain: O Will members and guests be required to check their automobile keys at the door? Yes El No If Yes how will this be monitored? ** PUBLIC TRANSPORTATION Is HIGHLY RECOMMENDED AND ENCOURAGED** Lambda Chi Alvha Event Planning Form Page 4 of 6 EMERGENCY PROCEDURES O Have all officers and members reviewed the Lambda Chi Alpha Crisis Management Plan? ❑ Yes ❑ No ' O Will emergency services be readily available at this event? ❑ Yes ❑ No O Will this event involve any physical activity? ❑ Yes ❑ No **IF YES,PROFESSIONAL EMERGENCY PERSONNEL MUST BE ON-SITE FOR THE DURATION OF THE EVENT** O If the need for assistance arises, who will be responsible for contacting: •Emergency Personnel •House Corporation President •Chapter Legal Counsel •High Pi •AD Fb/Headquarters(317) 872- •University Officials 8000 Contact Person: Mike Udell (805)545-8067 Title: President O Who will be responsible for ensuring the event complies with the risk management policies of A&®? Contact Person: Jed Murray (805)781-8340 Title: Risk Manager **ALCOHOLIC BEVERAGES SHOULD NOT BE CONSUMED BY THESE INDIVIDUALS** SIGNATURES We are submitting this event planning request for Executive Staff review. The undersigned declare that to the best of their knowledge and belief,the statements set forth herein are true. We recognize that this event plan does not bind the General Fraternity or its staff. The undersigned, on behalf of the organization, agrees that this form and said statements are a basis of consideration for acceptance, rejection, or recommendations concerning this event, and that this submittal is for advisory purposes only. The General Fraternity staff is hereby authorized to make any investigation and inquiry desired about this event. Variations from the event described herein may adversely affect insurance coverage. **WARNING!! FAILURE TO COMPLY wITH THE RISK MANAGEMENT POLICIES OF LAMBDA CHI ALPHA AND PROCEDURES OUTLINED IN THIS EVENT PLANNING FORM WILL RESULT IN LOSS OF INSURANCE COVERAGE.** Submittedby: ,1-(' mie btouin Title: uP"b11 gelat ores High Alpha Signature: Date: High Iota Signature: Date: High Pi Signature: Date: Additional comments: To Help alleviate an p�arkingproblem which may arise during these events, we will have people direct guests onto the nearest campus parking lot. Any and all alumni weekend mailers will have maps attached which will state that Woe must park on campus for events at the fraternity house. T arnhAa rM Alnha FvPnf P1arminn Fnrm Pane (+ of A THIRD PARTY VENDOR CHECKLIST **If the chapter is planning to hire a"third party vendor" to serve alcohol at this event, the following checklist items must be implemented in order to adhere to the policies of Lambda Chi Alpha.** University/College: Date of Event: THE VENDOR MUST: ❑ Be properly licensed by the appropriate local and state authority. This might involve both a liquor license and a temporary license to sell on the premises where the function is being held. **Attach copies of state and local licenses to the Event Planning Form.** ❑ Be properly insured with a minimum of$1,000,000 of GENERAL AND LIQUOR LEGAL LIABILITY INSURANCE, evidenced by a properly completed certificate of insurance prepared by the insurance provider. This"certificate of insurance'must also show evidence that the vendor has: ❑ off premises liquor liability coverage, and non-owned and hired auto coverage ❑ (At a minimum)the local chapter, the House Corporation, and Lambda Chi Alpha Fraternity Incorporated named as an additional insured. This insurance coverage shall be primary and not contributory or excess. **Attach a copy of the certificate of insurance.** ❑ Agree in writing to cash sales only, collected by the vendor, during the event. Alcohol may not be purchased through the chapter treasury or through members pooling funds. Drink "specials" and chapter subsidized drink pricing is expressly illegal. ❑ Assume in writing(using the attached bartending contract) all of the responsibilities that any other purveyor of alcoholic beverages would assume in the normal course of business, including but not limited to: 1. Checking identification cards upon entry 2. Not serving minors 3. Not serving individuals who appear to be intoxicated 4. Maintaining absolute control of ALL alcoholic containers present 5. Collecting all remaining alcohol at the end of a function(No excess alcohol, opened or unopened, is to be given, sold, or furnished to the chapter) 6. Removing all alcohol from the premises. **Attach a written agreement signed and dated by the chapter president and the vendor stipulating agreement to the items required in the points above.** This form must also be signed and dated by both the High Iota and the vendor. In doing so, both parties understand that only through compliance with these stipulations will the chapter be in compliance with the Lambda Chi Alpha risk management policies. High Iota Signature: Date: Vendor's Signature: Date: Company Name: Lambda Chi Aloha Event Planning Form Paae 6 of 6 LAMBDA CHI ALPHA FRATERNITY 8741 Founders Road • Indianapolis,IN 46268 • (317)872-8000 • FAX (317)875-3828• www.lambdachi.org EVENT PLANNING FORM , T-- CE APTER/COLONY: ME SCHOOL: Cal Poly, SLO CONTACT NAME: Jeremy Kreck EVENT DATE(S): 10/12/98 1. Please check all applicable boxes for the upcoming event. ❑ Contracts have been/will be signed with a third party vendor(caterer, licensed cash bar, bartenders, rented facility, security, bus company, etc.). ❑ The event is planned at a site more than 10 miles from the chapter house or campus. ❑ The event is planned to exceed six hours in duration. ❑ During a similar previous event, an accident or injury occurred. ❑ The total number of people, including members, that will be allowed to attend will exceed three times the chapter membership(the number of associate and active members). ❑ This event will be co-sponsored with another fraternity or sorority. 2. What should I do with this form? • If the above criteria DOES NOT APPLY to the upcoming event, please complete the following form and keep the form on file at the chapter/colony. • If at least one of the above criteria is applicable to the upcoming event, please complete the following form and submit it to the General Fraternity NO LATER THAN 30 DAYS PRIOR TO THE EVENT (See address/FAX information above). 3. What happens after the form is properly completed? • If this event is planned such that this form needs to be submitted to the General Fraternity, the plans for the event will be accepted, rejected, or adjusted to adhere to applicable policies. This information will be used to adjust liability insurance premiums for your chapter. • If this form does not require General Fraternity review, the form must be kept at the chapter. Each semester, the visiting educational leadership consultant will inventory all fides kept at the chapter. By keeping the forms on file, your chapter will receive a reduction in its liability insurance premium for the following semester. ** WARNING!! FAILURE TO COMPLY WITH THE RISK MANAGEMENT POLICIES OF LAMBDA CHI ALPHA AND PROCEDURES OUTLINED IN THIS EVENT PLANNING FORM WILL RESULT IN LOSS OF INSURANCE COVERAGE.** __ . Lambda Chi A:lvha Event Planning Form Page 1 of 6 GENERAL INFORMATION O Name of event: Casual Might O Location of the event: [f Chapter house ❑ Rented facility ❑ Other: "J O Beginning time of the event: 6:00 pm Ending time of the event: 9:00 pm O Purpose of event: [0 Recruitment ❑ Socialize ❑ Other: O Description of activities at this event: . This event is where the new recruits get to meet the whole house, and we talk about fraternity. O Will there be any special construction/decorations for this event: ❑ Yes ❑ No **If Yes, please describe.** O Person(s)performing construction: O Phone#: ( ) - O How many times has this event been held in the past? 30 O Did any accidents occur at this previous event? ❑ Yes [f No **If Yes,attach an explanation of the accident and the changes made to prevent a reoccurrence.** O Is university permission required for this event? ❑ Yes [,1f No **If Yes,please submit a copy** CROWD CONTROL O Planned attendance: O How will admission be controlled? ❑ Guest list Members35 El Open to public Alumni Q Other: Rus6e's *- 11, Dates O How many chapter members will serve as sober party monitors? Guests 20 (At least one monitor for every 10-15 guests): N/A Grand Total 55 **Please attach a list of the sober party monitors' names.** ❑ Professional security guards will be hired for this event. (If not checked, proceed to neat section) O How many will be hired? Hours of service: to **Please attach contract" O Hired from: ❑University/College ❑ Hotel ❑ Off-Duty Police n Security company❑ Other Name of Company: O Contact Person: Phone#: ( ) - O POSSESSION OF FIREARMS BY SECURITY PERSONNEL IS PROHIBITED! DO THEY UNDERSTAND THIS AND WILL THEY COMPLY? ❑ Yes ❑ No Alumnus involved in event ulanning review: Chanter Member involved in event planning review: Name: Name: Address: Address: City: State Zip: City: State Zip: Phone#: W: ( ) - Phone#: W: H: ( ) - H: Lambda Chi Alpha Event Planning Form Page 2 of 6 ❑ Contracts have been/will be-signed.with a third party vendor(caterer,licensed cash bar, bartenders, rented facility,security, bus company, etc.). If not checked, proceed to FNQ Section O Please check all types of property the chapter will be renting, borrowing, and/or using. - T- Real Property Personal Property ❑ Banquet Room ❑ University Facilities ❑ Stereo Equipment ❑ Props ❑❑ Hotel Room ❑ Sports Field [:] Party Equipment E] Boats ❑ Other: Other: O Please check all vendors that will be used for this event. ❑ Food Caterer ❑ Security Guards ❑ Bus Company ❑ Licensed Cash Bar ❑ Bartenders ❑ DJ ❑ Band ❑ Other: O COPIES OF ALL CONTRACTS MUST BE SUBMITTED TO THE GENERAL FRATERNITY. PLEASE USE THE CONTRACTS ATTACHED TO THIS EVENT PLANNING FORM. O A CERTIFICATE OF INSURANCE NAMING LAMBDA CHI ALPHA FRATERNITY,THE CHAPTER,AND THE HOUSE CORPORATION AS ADDITIONAL INSURED(WITH PRIMARY COVERAGE) MUST BE SUBMITTED FROM EACH VENDOR MARKED ABOVE. (SEE ATTACHED EXAMPLES). O IF EITHER A LICENSED CASH BAR OR BARTENDERS WILL BE USED,PLEASE COMPLETE AND SUBMIT THE THIRD PARTY VENDOR CHECKLIST FOUND ON PAGE 6. ❑ The event is planned at a site more than 10 miles from the chapter house or campus. If not checked. proceed to Neat Section ALL PERSONS ATTENDING THIS EVENT SHOULD USE ROUND-TRIP TRANSPORTATION.** O What is the distance to the site of the event from the chapter houselcampus? NO ALCOHOLIC BEVERAGES MAY BE CONSUMED DURING TRANSPORTATION. O How will members and guests travel to the event? O Please submit a list of drivers if- ❑Driving separately 0 Carpool O Please complete section for contracts if: ❑ Renting automobiles/boats ❑ Chartering bus(es) Name of Company: Contact Person: Phone - n The event is planned to exceed six hours in duration. N not checked.proceed to xert Section O Why will this event exceed six hours in duration? O Will ample food (other than salty snacks) and non-alcoholic beverages be available? ❑ Yes ❑ No Who will provide the food? Phone#: ( ) - ❑ The total number of people including members that will be allowed to attend will exceed three times the chapter membership (the number of associate and active members). If not checked, proceed to Nezt Section O Security Guards must be hired for this event(At least one guard per 50 people). O Please complete the section concerning contracts. O BOTH THE SECURITY CONTRACT AND CERTIFICATE OF INSURANCE MUST BE SUBMITTED WITH THIS EVENT PLANNING FORM. T *. I,An rl.i Alnl.n V,,r +Dlewninn T.'r+rrr. Dnnn 1 of(� ❑ Another fraternity or sorority will cosponsor this event. If not checked, proceed to Neat Section O What fraternity or sorority is cosponsoring this event? O Does this organization have insurance? ❑ Yes ❑ No , O Do both organizations appear on all contracts? ❑ Yes ❑ No O Have officers from both organizations met to establish event plans? ❑ Yes ❑ No O Will the alcohol policies of all organizations be followed? ❑ Yes ❑ No ❑Alcohol will be present at this event. If not checked, proceed to I Neat Section O Is written permission required by the university/college for alcohol use at this event? ❑ Yes ❑ No **U Yes, attach a copy** O Have you read and do you understand the Policies of Lambda Chi Alpha? ❑ Yes ❑ No O Does the usage of alcohol at this event comply with these policies? ❑ Yes ❑ No ** WARNING!! FAILURE TO COMPLY wITH THE RISK MANAGEMENT POLICIES OF LAMBDA CHI ALPHA WELL RESULT IN LOSS OF INSURANCE COVERAGE.** y O When will alcoholic beverages be permitted? ❑ Before ❑ During ❑ After O Who will provide the alcoholic beverages? ❑ Licensed cash bar(Third Party Vendor) ❑ BYOB ❑ Other: O Who will serve alcohol? ❑ Professional Bartenders ❑ Chapter Members of legal age Alumni ❑ Open access ❑ Other: O What kinds of alcohol will be present? Beer ❑ Liquor Wine/wine coolers O What charge, if any, will be made for alcoholic beverages? ❑ Admission ❑ Contributions ❑ Charge By Drink ❑ Donations ❑ Chapter Funds ❑ No Charge O Will the chapter be using an alcohol check-in procedure for this event? ❑ Yes ❑ No **If Yes, please explain in detail**: O What methods will be used to limit individual consumption of alcohol? El Professional bartender discretion ❑Punch card system ❑ Ticket system O Will ample non-alcoholic beverages be provided without charge? ❑ Yes ❑ No O Hours of service: to **Must stop one hour before the event ends** O How will the verification of legal drinking age be accomplished? ❑ By chapter members at entrance of event ❑ By security guard at entrance of event ❑By professional bartender for each purchase ❑ Other, explain: O How will those persons of legal drinking age be identified? ❑ Unremovable wrist band ❑ Non-transferable hand stamp ❑ ID checked each time ❑ Other explain: O What procedure will be taken if minors are observed drinking? O Will public transportation be provided for individuals that have consumed alcohol? ❑ Yes ❑ No If Yes what type? ❑ Taxi cab ❑ University bus system ❑ Sober monitors as drivers ❑ Other explain: O Will members and guests be required to check their automobile keys at the door? El Yes No If Yes how will this be monitored? ** PUBLIC TRANSPORTATION Is HIGHLY RECOMMENDED AND ENCOURAGED* Lambda Chi Alvha Event Planning Form Page 4 of 6 EMERGENCY PROCEDURES O Have all officers and members reviewed,the Lambda Chi Alpha Crisis Management Plan? ❑ Yes ❑ No O Will emergency services be readily available at this event? ❑ Yes ❑ No O Will this event involve any physical activity? ❑ Yes ❑ No **IF YES,PROFESSIONAL EMERGENCY PERSONNEL MUST BE ON-SITE FOR THE DURATION OF THE EVENT** O If the need for assistance arises,who will be responsible for contacting: •Emergency Personnel •House Corporation President •Chapter Legal Counsel •High Pi •64b/Headquarters (317) 872- •University Officials 8000 Contact Person: Jeremy Kreck (805) 545-8067 Title: President O Who will be responsible for ensuring the event complies with the risk management policies of 99 Contact Person: Steve Ryan (805)781-0631 Title: Risk Manager **ALCOHOLIC BEVERAGES SHOULD NOT BE CONSUMED BY THESE INDIVIDUALS** SIGNATURES We are submitting this event planning request for Executive Staff review. The undersigned declare that to the best of their knowledge and belief,the statements set forth herein are true. We recognize that this event plan does not bind the General Fraternity or its staff. The undersigned, on behalf of the organization, agrees that this form and said statements are a basis of consideration for acceptance, rejection, or recommendations concerning this event, and that this submittal is for advisory purposes only. The General Fraternity staff is hereby authorized to make any investigation and inquiry desired about this event. Variations from the event described herein may adversely affect insurance coverage. **WARNING!! FAILURE TO COMPLY WITH THE RISK MANAGEMENT POLICIES OF LAMBDA CHI ALPHA AND PROCEDURES OUTLINED IN THIS EVENT PLANNING FORM WILL RESULT IN LOSS OF INSURANCE f1 t�1 n l1 COVERAGE.** I Submitted by: P,� ;.► ►J Warlr kook Title:&ec.rui f Mend �No�i f High Alpha Signature: Date: High Iota Signature: Date: High Pi Signature: Date: Additional comments: To Help alleviate any narking problem which may arise during these events,we will have people direct guests onto the nearest campus parking lot Any and all rush media will have mans attached, which will state that people are to park on campus T amhAo r1ii Aln}la Plmv +Planninn Fnr Patio F. of/� THIRD PARTY VENDOR CHECKLIST ""If the chapter is planning to hire a"third party vendor" to serve alcohol at this event, the following checklist items must be implemented in order to adhere to the policies of Lambda Chi Alpha."" University/College: Date of Event: THE VENDOR MUST: ❑ Be properly licensed by the appropriate local and state authority. This might involve both a liquor license and a temporary license to sell on the premises where the function is being held. "Attach copies of state and local licenses to the Event Planning Form." ❑ Be properly insured with a minimum of$1,000,000 of GENERAL AND LIQUOR LEGAL LIABILITY INSURANCE, evidenced by a properly completed certificate of insurance prepared by the insurance provider. This"certificate of insurance' must also show evidence that the vendor has: ❑ off premises liquor liability coverage, and non-owned and hired auto coverage ❑ (At a minimum)the local chapter, the House Corporation, and Lambda Chi Alpha Fraternity Incorporated named as an additional insured. This insurance coverage shall be primary and not contributory or excess. "Attach a copy of the certificate of insurance." ❑ Agree in writing to cash sales only, collected by the vendor, during the event. Alcohol may not be purchased through the chapter treasury or through members pooling funds. Drink "specials" and chapter subsidized drink pricing is expressly illegal. ❑ Assume in writing(using the attached bartending contract) all of the responsibilities that any other purveyor of alcoholic beverages would assume in the normal course of business, including but not limited to: 1. Checking identification cards upon entry 2. Not serving minors 3. Not serving individuals who appear to be intoxicated 4. Maintaining absolute control of ALL alcoholic containers present 5. Collecting all remaining alcohol at the end of a function(No excess alcohol, opened or unopened, is to be given, sold, or furnished to the chapter) 6. Removing all alcohol from the premises. "Attach a written agreement signed and dated by the chapter president and the vendor stipulating agreement to the items required in the points above."" This form must also be signed and dated by both the High Iota and the vendor. In doing so, both parties understand that only through compliance with these stipulations will the chapter be in compliance with the Lambda Chi Alpha risk management policies. High Iota Signature: Date: Vendor's Signature: Date: Company Name: Lambda Chi Aloha Event Planning Form Page 6 of 6 W m 1� U i q� 7 � m r7 a U C �pq W � � O Qy� W ou � e �u u u u u u ee F9 E � � e ea 0 O O I m FF 71 LL NEID F I J N � ® m I m I ® 1191100 1 UO I � I ^' a O I 10 N b I ILI �A D FEB I ® IA m Y a 88Yp� d I u u Ir CID I 1 t ' TABLE OF CONTENTS INTRODUCTION.»»......»»»..........................................»»....»....»..»..................................»......1 ' QUALI'T'Y OF NEIGHBORHOOD»................................»..........................................» tPROPERTY VALUE»»»»»»»»»..»......».................................................................................»»..4 ' GENERAL PLAN and ZONING REGULATIONS.....................................................................5 Preference to Residential Use...................................................................................................... 5 Protection from Encroachment by Detrimental Commercial Activities......................................5 ' Hostels are Nonresidential in Nature and Incompatible with Residential Areas.........................6 DowntownPolicies.....................................................................................................................6 ' Residential Occupancy Standards...............................................................................................7 Contradictions and Ambiguities by Planning Staff......................................................................8 ' SAFETY......»........»»....................................................»..................»..»»»..»..»»..»»»................10 PAREING.........»....»....»»..»....»................................»....»....................................»....................11 tCREDIBILITY OF APPLICANT»»»........................................................................»»»»»»»....12 ' 1677 McCollum Street.............................................................................................................. 13 1292 Foothill Blvd..................................................................................................................... 14 CONCLUSION.....»..........»»»..........»»»»»»..»»»........»............................................................15 t Opposition to Hostel Use Permit U 178-97 i Wolfgang and Susanne Gartner ' ATTACHMENTS ' ATTACHMENT A: Illustration of Residental and Parking Density in the Vicinity...........A-1 ATTACHMENT B: Transient Occupancy Tax...................................................................B-1 ' ATTACHMENT C: Downtown Planning Area/Core..........................................................C-1 ATTACHMENT D: Residential Occupancy Standards.......................................................D-1 ATTACHMENT E: Planning Staff Contradictions/Ambiguities..........................................E-1 ' ATTACHMENT F: Past Public Record of E. Simer, 1677 McCollum Street......................F-1 ATTACHMENT G: Application for E. Simer at 1292 Foothill Blvd..................................G-1 ATTACHMENT H: Letters and Petitions in Opposition to Use Permit of Hostel............H-1 1 1 1 ' Opposition to Hostel Use Permit U 178-97 ii Wolfgang and Susanne Gartner 1 ' INTRODUCTION ' We own our home at 1635 Santa Rosa Street, the third house down from the property in question. We are asking the City Commissioners to overturn the recent Planning Commission 1 approval of Elaine Simer's use permit allowing her to move her hostel to our Old Town ' neighborhood. ' Planning Commissioner Charles Senn made an unfortunate statement at the Planning Commission meeting on February 11. Before the Hostel Use Permit issue was opened for presentation and ' discussion he stated that he thought the hostel move to 1617 Santa Rosa Street is a good idea because it would be"beneficial to travelers". This comment is disturbing in that it shows a lack of respect and concern for the residents here. Our response to his comment is that moving the hostel to 1617 Santa Rosa would not be beneficial to the residents of this Old Town area of San ' Luis Obispo! ' The City has stated in the General Plan that its goals and policies are to preserve the quality of ' existing neighborhoods and create neighborhoods of high quality (Land Use Element 1.27), protect existing residential uses around the commercial core of the downtown area, and screen ' residential areas from incompatible nonresidential activities. We feel that a hostel is incompatible in our neighborhood because it is a nonresidential commercial activity that represents the ' cheapest source of lodging,brings thousands of strangers to its neighborhood annually, decreases the security of its neighborhood, creates an excessive density beyond zoning regulations, exacerbates the parking situation, decreases property values of the single family homes, and in ' general breaks down the "community" of this neighborhood. That doesn't sound like preservation and creation of high quality neighborhoods. Locating a hostel here means exchanging ' a lower-density residential use for a high-density nonresidential use(120%increase in density). ' Opposition to Use Permit U 178-97 Page 1 Wolfgang and Susanne Gartner ' We understand the opportunity presented to Ms. Simer for swapping houses (her 1292 Foothill property for 1617 Santa Rosa)with the Lamda Chi Alpha is enticing and seems an easy solution ' for both parties involved. But there is a third party involved that has not been thoroughly considered by Planning Staff(Staff hereafter) or the Planning Commission. The third party is ' comprised of the residents of the neighborhoods of both properties. You will be hearing arguments from others against locating the fraternity in the Foothill location. We present to you our reasons for opposing the hostel on Santa Rosa Street. ' Not allowing this hostel to move here will not affect Ms. Simer's business(the hostel can remain ' where it is or the owner can consider other more appropriate locations),will not affect the tourism industry of this town, and will not affect the economic well-being of this city. Allowing ' the hostel to move here will affect the residents of this neighborhood, and not in a positive way. Staff has historically created ambiguities in its reports and in Planning Commission resolutions approving Use Permits for the hostel at its Foothill Blvd. location and this particular application ' for the Santa Rosa location. This has created confusion and has left loopholes for the applicant to maneuver around. The conditions placed upon the use permit are difficult to enforce and it is ' the neighbors of the hostel who suffer when conditions are violated. Staff has also been ' inconsistent in applying regulations and standards. t Perhaps the City needs to reassess its definition of what a hostel really is and whether hostels should even be considered an Allowed Use in R-3 zones. Staff sometimes refer to hostels as ' being like hotels and motels, and other times as being residential in nature, or as dormitory-style lodging at low cost. This ambiguity allows manipulation around density standards and zoning ' regulations. Perhaps hostels really should not be allowed at all in R-3 zones. ' Lastly, the credibility of the applicant herself concerns us. ' Opposition to Use Permit U 178-97 Page 2 Wolfgang and Susanne Gartner 1 ' QUALITY OF NEIGHBORHOOD Ours is a richly diverse and mixed neighborhood. We have a wonderful, fragile, precarious balance and mix between single-family owner-occupied homes, rental homes, a fraternity, ' apartments, a corner market, restaurants, a train station, students, families, single adults, and senior citizens. This interesting mix is something the suburbs lack and is what attracted many of ' us to leave the suburbs and purchase homes in this very neighborhood. And we all realize that ' this area already contains many high density dwellings (Attachment A). There also exists, of course, many types of traffic in this neighborhood: people driving,biking, or walking, looking for ' parking to be near their home, to eat at Gus' or one of the restaurants near the train station, getting a workout, on their way to school or the market, walking across the train tracks to get ' downtown, and the more-than-occasional tourist, all of whom the local residents approve of, accept, and respect. But a hostel in this area would bring an increase of thousands of strangers ' annually in both foot and vehicle traffic. We welcome having travelers cruising by foot or car ' through our neighborhood admiring and enjoying the sites, ambiance, and taking benefit from the commercial businesses in the area. But we don't want to have 20 strangersper day, up to 8000 ' strangers per year, staying in our midst, disrupting the harmony of our neighborhood, and fostering an anonymous feeling. ' The occupants of a hostel are transitory by nature and are not neighbors. Cooking a meal while ' staying in a hostel or doing a chore or two in exchange for cheap lodging simply does not make them residents of an established neighborhood. The travelers who stay in hostels are on vacation, ' in high spirits, less inhibited than when at home, and generally ready to let loose and have fun. The security issues and nuisances that can arise from such a mix outweigh any nuisances this neighborhood has experienced with the fraternity. The Lamda Chi Alpha fraternity students are residents (they live here for 9-12 months) and neighbors to all of us who live in the vicinity. They contribute more than the average citizen through their various community projects. We all know we can't choose our neighbors, but we can choose not to allow a hostel in our ' Opposition to Use Permit U 17847 Page 3 Wolfgang and Susanne Garnier 1 1 ' neighborhood. Should the fraternity move on to another location any future use of this property should be residential in nature and enhance the quality of our neighborhood. ' PROPERTY VALUE ' Many different factors contribute to property values in this Old Town neighborhood. In many ' cities property located in such close proximity to the downtown area would not necessarily be considered desirable. However, San Luis Obispo is unique. Being able to live close to tdowntown, close to work and leisure time activities, is very attractive and affects property values in a positive way. Even such recent developments as the constriction of the new ' beautiful Cafe Roma restaurant by the Rizzo family on Church Street next to the train station actually adds to the desirability of living in this neighborhood. But a hostel represents an unstable transient occupancy, a threat to safety in the neighborhood, ' and is highly undesirable as a neighbor to homeowners and potential homeowners alike, and ' thereby threatens the value of our property as homes. As homeowners, we have an investment in this community that needs to be protected. 1 1 1 1 ' Opposition to Use Permit U 178-97 Page 4 Wolfgang and Snonne Gartner ' GENERAL PLAN and ZONING REGULATIONS tPreference to Residential Use 1 The LUE says "Where property is equally suited for commercial or residential uses, the ' City will give preference to residential use" (Section 11.2, Policy H11.2.1) ' Because hostels are not residential in nature - the guests are travelers who stay 1-3 days and ' therefore are transient - the City should not allow such a commercial use in our neighborhood. As defined in The New Shorter Oxford English Dictionary a hostel is"a place to stay; a lodging; a ' public house of lodging for strangers and travelers; an inn, a hotel". 1 ' Protection from Encroachment by Detrimental Commercial Activities ' The LUE says "Residential areas should be separated or screened from incompatible, nonresidential activities, including most commercial and manufacturing businesses, ' traffic arteries, the freeway, and the railroad. Residential areas should be protected from encroachment by detrimental commercial and industrial activities" (Section 2.2.2) Hostels are not residential in nature as Planning Staff has suggested, even as conditioned, and is ' therefore inconsistent with this policy. This hostel is a detrimental encroachment into our neighborhood because by its very nature it brings thousands of strangers to the neighborhood. ' Ms. Simer stated in her October 1995 use permit application to add a building to her Foothill ' hostel location (to accommodate a total of 20 beds at the hostel) that she had lodged 4000 guests in her first year of business alone. 1 ' Opposition to Use Permit U 178-97 Page 5 Wolfgang and Susanne e Gaffer ' Hostels are Nonresidential in Nature and Incompatible with Residential Areas 1 The LUE says, "Residential areas may accommodate limited nonresidential activities ' which generally have been compatible, such as child day care, elementary schools, churches, and home businesses meeting established criteria" (Section 2.2.13) These nonresidential activities (including the Senior Citizens Center ) all have one thing in ' common: the people who participate in these activities are residents of San Luis Obispo. Hostel t guests are not residents of this city, community, or neighborhood. They are travelers passing through,just as hotel and motel guests are. The city even classifies them as transients - the City imposes a Transient Occupancy Tax on hostels, hotels, motels, etc. (Attachment B). ' Downtown Policies ' The LUE Downtown Policies says "Downtown residential uses contribute to the character of the area, allow a 24-hour presence which enhances security, and help the balance ' between jobs and housing in the community. Existing residential uses within and around the commercial core should be protected, and new ones should be developed . . . Dwellings should be interspersed with commercial uses . . . Commercial core properties may serve as receiver sites for transfer of development credits, thereby having higher residential densities than otherwise allowed". (Section 4.2.1). Figure 4 from the Land Use Element (Attachment C) clearly illustrates the commercial core ' where such higher residential densities are allowed. 1617 Santa Rosa is not in this commercial core and therefore should not have a higher density than is allowed by Zoning Regulations. Our ' neighborhood already has a mix of dwelling types and commercial uses that are all compatible. A ' Opposition to Use Permit U 178-97 Page 6 Wolfgang and Susanne Gartner 1 t hostel is not appropriate in this mix, does not enhance security but in fact actually poses a threat to the security of the neighborhood by virtue of the sheer number of strangers it lodges annually. 1 ' Residential Occupancy Standards The LUE lists Residential Density for zone R-3 as a Population Density of no more than ' 40 people per acre (Sections 17.20.010 and 17.20.020). (Attachment D) ' This means that for the 1617 Santa Rosa property (.167 acres) an occupancy of 6.68 people maximum should be allowed (Table 4, Section 2.4). There are currently 9 occupants in the ' fraternity, (they are allowed 10 by their use permit). The hostel would more than double this occupancy (22) on this property. The hostel would also be moving from a lot that is close to ' 16000 fl (.36 acre)to one that is less than half that size(.167 acre, or 7300 ft'), while increasing the occupancy level from 9 to 22! This means the occupancy of the Santa Rosa lot increases ' 120% and the density of the hostel increases 100%!!! At the very least, no future use of this ' property should be allowed to exceed the current occupancy level (10) enjoyed by the fraternity. 1 1 1 ' Opposition to Use Permit U 178-97 Page 7 Wolfgang and Susanne Gartner 1 ' Contradictions and Ambiguities by Planning Staff (Attachment E) ' Briefly, the history of the hostel use permit applications is as follows: ' • 1994 application to open 8 bed hostel at 1292 Foothill Blvd. as Phase 1, plus 1 bedroom for manager. Phase 2 to include adding a house to property to accommodate 8 more beds, ' for a total of 16, plus conversion of garage into manager's apartment. ' • 1995 application for Phase 2: move a house to 1292 Foothill Blvd. to add 10 beds, for a total of 20 beds and maximum occupancy of 20. (She has converted the garage into living tspace without the proper permits.) • 1997 current application to relocate hostel at 1617 Santa Rosa Street. Staff recommendation was for maximum occupancy of 20; permit approved for 22 occupants. 1 Staff contradicted itself in its Staff Report Evaluation section to the Planning Commission in ' recommending approval of the current use permit. Staff states that "the hostel use is residential ' in nature" (1st paragraph, Evaluation section) and "there are no density standards for hostels, just as there are none for motels or hotels ... the request for 20 beds would thus be consistent with the zoning regulations"(3rd paragraph,Evaluation section). In the 1994 Staff report for the original hostel application at Foothill Blvd. Staff states "Hostels are not motels . . . hostels ' provide dormitory-style lodging at low cost..." (2nd paragraph, Evaluation section), and offers this argument in favor of approving the original hostel permit"In a group housing situation, such as a fraternity, up to 40 persons per acre would be allowed in the R-3 zone. This translates to 14 persons on this site. At its maximum, the hostel could accommodate 16 guests plus manager(s)..." The City also defines group housing to include dormitory style lodging (Attachment D). If a hostel is residential in nature (which it isn't) then it should be subject to the Residential Occupancy Standard discussed in the previous section. But if hostels are like hotel and motels, then they should not be allowed in R-3 zones,just as motels and hotels are not allowed. Hotels Opposition to Use Permit U 178-97 Page 8 Wolfgang and Susanne Gartner 1 ' and motels are allowed only in C-C, C-R, and C-T zones. The Zoning Regulations Residential Occupancy Standards defines Group Housing to be "such as dormitory, rest home, ' boardinghouse, or fraternity" and again,the maximum density is 40 persons per acre, 6.68 for the Santa Rosa property. 1 Staff contradicted itself by applying the density standard to the original 1994 hostel permit at ' Foothill, applying the standard to the fraternity's application for the Foothill location, but not applying the density standard to the current hostel's Santa Rosa application. Planning Staff did not consider that an application for 20 beds at Santa Rosa did not necessarily tmean 20 occupants until this was brought to their attention by concerned citizens before Staff t issued their report to Planning Commission. In a phone conversation between Susanne Gartner and Elaine Simer on February 9 Ms. Simer stated that her beds are double and queen sized. Even when this was brought to Staffs attention, Staff still seemed confused because their report flips back and forth between 20 occupants, and 20 guests. At the Planning Commission hearing on Feb. 11 Staff continued to remain confused when asked by Commissioners for clarification on what constituted an occupant (guests only or guests and owner/managers), with the end result ' that the use permit was approved for 22! t ' Opposition to Use Permit U 178-97 Page 9 Wolfgang and Susanne Gartner SAFE1 Y Staff states in their Findings section of Report that"hostel restrictions limit adverse impacts" on the health, safety and welfare of persons living in the vicinity. This is based on the flawed tassumption that simply because the hostel has rules of conduct posted for guests while on the premises and there is a manager or owner on-site during hours of operation the conduct of guests ' while outside of the hostel and in a neighborhood are therefore controlled. We know that, just as ' with motel/hotel guests, there are no controls over the conduct of tourists/visitors while in our city. But motels and hotels are located in appropriate locations and therefore there isn't the ' potential for a negative impact on residents to the extent if they are located next door. We don't care what people do inside a hostel or hotel, we care what they do or might do outside in our ' neighborhood. As a business woman the applicant is motivated to keep her hostel at maximum occupancy. This means again that a high volume of all types of people would be right there in ' our midst, coming and going virtually at will at night (she gives her guests the combination lock ' on the back door for this purpose). ' We enjoy walking downtown from our home. It's one of the advantages of living so close. But we would lose a little of that easy secure feeling if there is a hostel here. The residents will ' become more guarded, careful,more intimidated about venturing out after dark. It may not be a conscious thought, but it's there subconsciously. Some residents can remember back to a time ' when doors were left unlocked and it was safe to walk virtually anywhere anytime. Citizens everywhere are becoming more sensitized to the increasing "dangers" that lurk out there in ' society. We read about the attacks on the train tracks, the hit-on-the-head-from-behind attacks ' on well-traveled streets,the carjacking in broad daylight. It seems every day we lose more of our trusting innocence. A hostel will only add to this loss of security. We do not know who these hostelers are, where they come from, what their background is, and so on, and yet here they would be in our very midst! All we know is that they are travelers who are looking for the least ' expensive lodging. They have no connection whatsoever to this community. There are no ' Opposition to Use Permit U 178-97 Page 10 Wolfgang and Susanne Gartner ' guarantees about neighbors,but at least residents have ties to the community and are accountable, to some degree,to their neighbors and generally look out for each other. PARKING ' You just cannot assume and take someone's word that the majority of the hostel guests travel by train/bus/bike as they do in Europe. Unlike Europe, our existing public transportation infrastructure does not support traveling extensively by any other method than private vehicle. ' Our government and society have not shown a commitment to providing mass transportation on the scale of other countries. It is well known that every year Amtrak is on the verge of having the plug pulled. The few travelers who are delivered to our city by train may eventually dwindle ' to none if this happens. The numbers of hostelers who arrive by alternate transportation can be debated, and the applicant has offered in public statements that only 50% arrive by private ' vehicles. However she has never actually conducted a survey of her guests, and can only confirm the number of cars that are parked in her parking lot at any given time. There is a very good ' possibility that the guests all arrive in separate vehicles. Planning Staff is only requiring the hostel have 6 off-street parking spaces for 22 occupants, but requiring the fraternity to have 12 off-street parking spaces for its 13 occupants at the Foothill location. This is another ' inconsistency that is difficult to fathom. ' Already this neighborhood has a parking problem. Some residents have to park one or more blocks away from their homes. Many times there are patrons of the restaurants and comer market that are circling the neighborhood competing with residents for the limited parking spaces. We went out one weekend and informally measured the available parking space on the street taround this one block(Attachment A). Of the total available curb space around this one square block, almost half is not available for parking long-term (over 15 minutes), being either red curb, ' driveway entrances, or 15-minute green parking zone. ' Opposition to Use Permit U 179-97 Page 11 Wolfgang and Susanne Gattna ' Staff has been quoted in a local newspaper as saying that one of the reasons the fraternity use permit application for the Foothill Blvd. location was denied was because "The (parking) ' impacts of an established fraternity would spill over into the neighborhood". What needs to be considered is that the parking impacts of a hostel would also spill over into our neighborhood. ' CREDIBILITY OF APPLICANT 1 Ms. Simer's past record in dealing with the City over regulations and compliance should also be ' considered at this time. She has been granted permission, subject to conditions, to conduct a type of business (hostel) that could negatively impact residents in the vicinity. Because these ' conditions are difficult to enforce (maximum occupancy of 22) we must trust the owner will ' comply. Ms. Simer has demonstrated time and again by her actions that she is willing to circumvent the law and violate conditions of permits when it so benefits her. When confronted ' with these violations by other citizens she colors her public responses to minimize the significance of what she has done. She also has gone so far as to accuse the City of using false ' pretenses to enter her house to collect evidence without a search warrant with the intention of having her charged with a criminal offense. Mrs. Simer also accuses the City of over-zealously enforcing zoning and building ordinances because of the actions of Residents for Quality Neighborhoods. We think that once City Council ' has become acquainted with Ms. Simer's history and pattern of behavior they will understand why, in addition to the important issues discussed above, we do not want Ms. Simer operating her business in our neighborhood. ' Opposition to Use Permit U 178-97 Page 12 Wolfgang and Susanne Gertner 1 ' 1677 McCollum Street ' The City of San Luis Obispo filed a criminal complaint against Ms. Simer in September 1992 for zoning violations at property she owns at 1677 McCollum (Attachment F). The charges were: ' "That said Elaine Simer...did unlawfully operate a hotel/motel at 1677 McCollum St., in ' violation of the use permitted in and R-1 (residential) Zone, by renting the premises to the public for sleeping purposes when said premises were not commercially zoned." ' (Misdemeanor violation of San Luis Obispo Municipal Code Section 17.22.010). ' "That said Elaine Simer...converted and used a garage located at 1677 McCollum St., for purposes of renting sleeping areas to the public, in an R-1 Zone, which was zoned for a single 1 dwelling only." (Misdemeanor violation of San Luis Obispo Municipal Code Section ' 17.24.020). ' "That said Elaine Simer...failed to collect, report and remit the taxes for operating a hotel/motel at 1677 McCollum St." (Infraction violation of San Luis Obispo Municipal Code ' Section 3.04.090). ' During the Planning Commission meeting this past February 12 Ms. Surer responded to comments made by local residents of the McCollum address of her illegal garage conversion and ' hostel operation at this address by stating publicly that she did not know the conversion was illegal when she undertook it and she immediately rectified the situation when it was pointed out to her by the City. But when the records of the case are looked at you discover that Ms. Simees ' written response to this criminal complaint at the time was that she converted the garage and operated the hotel/motel with the knowledge that she was doing so without the appropriate ' permits,that the operation was against the law,but that `Some regulations are followed and some aren't". She was even caught contradicting herself to Mr. Rob Bryn of the Office of ' Opposition to Use Permit U 178-97 Page 13 Wolfgang and Susanne Gartner 1 1 ' Neighborhood Services who conducted the investigation by stating that the hostel operation "supplemented" her income,but later she justified the legality because the hostel "is non-profit". ' In fact, Ms. Simer ignored a Stop Work notice issued by the district building inspector, did not ' submit a permit application until Notice of Code Violations letter was sent to her over a month after the first notice was issued, and at a meeting at the Community Development Department ' three months later to discuss occupancy issues she freely admitted altering the structure, submitting plans for a residence when in fact a commercial use was required, operating in an area ' not zoned for business, and ignoring the occupancy restrictions. The matter was then turned by ' the City Attorney for criminal proceedings. ' Even after having gone through all this, Ms. Simer again was sent a Notice of Code Violation in October 1996 for this same property. This time she had added a kitchenette to the lower garage ' conversion in violation of building/zoning ordinance regulations and in violation of San Luis Obispo Municipal Code Section M.C. 17.16.010. ' We believe Ms. Simer continues to violate zoning regulation by sending her overflow hostel ' guests to the McCollum Street house. The residents in that neighborhood have observed vehicles arrive at the house packed (tents, canoes, etc.) as if the occupants of the car are on vacation. ' Mrs. Case of the Residents for Quality Neighborhoods, and a resident of the McCollum Street ' area, so stated at the Planning Commission meeting last month. These cars stay for a short period of time, perhaps a day or two, before moving on. A previous guest of Ms. Simer's at her Foothill hostel has also stated that she has observed overflow guests being directed to the McCollum property. ' 1292 Foothill Blvd. ' Ms. Simer even admitted in the Feb. 9 phone conversation with Mrs. Gartner that she has lodged ' more than 20 guests at a time at her current hostel location. This means she has exceeded the ' Opposition to Use Permit U 178-97 Page 14 Wolfgang and Susanne Gartner 1 1 ' maximum occupancy condition of her current use permit, which requires that a new permit be approved for any occupancy that exceeds 20 persons (Attachment G). ' Ms. Simer is also currently under investigation by the City for another illegal conversion of a ' garage into living quarters, this time at the Foothill hostel property. ' CONCLUSION ' This Old Town neighborhood has seen a gradual resurgence of its vitality and character. There is now a thriving harmonic balance here. We must be very careful about the size and type of ' development we allow, be it new construction or new uses of existing structures. The Land Use Element of the General Plan says "the City should encourage the rehabilitation and maintenance ' of existing housing". It continues on to say that "additional buildings may be permitted, in ' keeping with density limits, provided that the existing character of the area is not significantly changed..." (Section 2.9). By the same token, any new uses of existing structures should also be ' held to these same conditions. A hostel the size of which is proposed by Ms. Simer would in fact significantly change the character of our neighborhood. We have neighbors renovating their ' homes and improving the landscaping; we have a physically beautiful new restaurant being built a short distance away; the train station has been renovated and is now something to be proud of, ' the subsidized housing complex on Leff Street is tastefully designed and meticulously maintained ' (you can tell the residents are proud to live there). These are a few examples of how Old Town is improving itself. The hostel as proposed would be obtrusive here. Let's not swap a 9 ' occupant residential use for a 22 occupant non-residential use. ' Denying this use permit won't harm Ms. Simer's business, the tourist industry, or the City's economic health. Denying this use permit will ensure that the quality of our neighborhood will ' not be diminished. ' Opposition to Use Permit U 178-97 Page 15 Wolfgang and Susanne Gartner Let's keep our eye focused on our goal of rehabilitating and maintaining existing housing and the quality of neighborhoods and continue the positive trend the City has established: 1 1 1 ' 1 'I Opposition to Use Permit U 178=97 Page 16 Wolfgang and Susanne Gartner; 1 1 1 1 1 1 1 1 1 ATTA IP*MNT A Illustration of Residential and Parking Density in the Vicinity 1 •E Nor `� ee■ — ht R on fill ~ ' �q t O 0.01 y~ +'s 3 z • o O NWo �•C �s OY i #O V PF- R F est • � � ` ,4 •� � � , VICINITY MAP U 178 - 97 "°FaH 1617 SANTA ROSA ' Properties with high density uses 1 Curb space not available for parking (red or short term W 3 _ T 1 - r„ Parldng,on Santa Rosa,St., looldng.from Leff St. towards Islay St 71 J .':'-"4"- r�.i•_M • � s_2 �a�_ zn�y,, r�..q-may.» s���'��,yy� Parking on Islay Street,looldng from,Osos'St..towards Santa Rosa.St. f'4 Imo.^ i.- _.. __ • .._.. ... .. .- —.. i. i . _n i _ c-��.�s•.f.r r_ A--'•rte�S:�L-_xd .�.� - �:rt..� Parking on Leff St., looking from Osos St. towards Santa°Rosa'St. +�s ee- aa 0is•F i 52 F f 1 C Yfm•Y ^ X,- n• a. � Parking-on Leff Streetjooking from Santa Rosa St. towards Osos.S . ;. .H� r 1�.• fr�lria';r'� Y' • '1:4�'rr�}'7.�'� -scc . . �- w�r�1 MY:►ai. . - 1f AV WI dl ) Parking on Osos Street, in front of.Gus'Grocery. ; I. r f i 7 C 1 ., ,_ 1 -- 1 � 1 1 1 1 1 1 i 1 1 1 . 1 1 1 1 ATTACHMENT B Transient Occupancy Tax 1� 1 1 1 - 1 REVENUE ITEM: TRANSIENT OCCUPANCY TAX 1 FUND: General ACCOUNT NUMBER: 100.10.020.114 ' Authority: Sections 7280 and 7281 of the Revenue and Taxation Code. ' Administering Agency: The City. Description of Revenue: The Transient Occupancy Tax is imposed for the privilege of ' occupying a room or rooms in a hotel, inn, motel, tourist home, or other lodging facility, unless such occupancy is for a period of 30 days or more. ' Tax Rate: The tax rate is 10% of the room rental. Use of Revenue: This revenue is unrestricted, however the City earmarks a portion of these ' revenues to promote tourism. Rate History: The ordinance implementing a 5% transient occupancy tax was passed ' in December, 1964. Rate increases have been implemented as follows: October 1, 1976 6% . ' October 1, 1991 9% October 1, 1993 10% 1 1 1 t 1 ' 305-6