The URL can be used to link to this page

Home My WebLink AboutItem 2 - 1035 MontereyConstruction Board of Appeals Agenda Report DATE: August 5, 2021 Meeting Date: 8/16/2021 Item Number: 2 FROM: Rodger Maggio, Fire Marshal/Chief Building Official Prepared By: Steven Sheats, Code Enforcement Officer II SUBJECT: Appeal of Administrative Citation for Required Accessible Parking Spaces RECOMMENDATION Staff recommends Citation #25101 issued June 21, 2021, to 1035 Monterey Investors LLC be upheld. DISCUSSION Lack of required accessible parking spaces in the parking lot located at the south end of property Background The 2013 California Building Code defines Accessible as "A site, building, facility, or portion thereof that is approachable and usable by persons with disabilities in compliance with this code." (Attachment 1) The City's adopted codes 15.02.010 (Attachment 2) includes the California Building Code. The California Building Code states that "Parking spaces complying with Section I IB -502 shall be provided in accordance with Table 11B-208.2 except as required by Sections 11B-208.2.2, and 11B-208.2.3. Where more than one parking facility is provided on a site, the number of accessible spaces provided on the site shall be calculated according to the number of spaces required for each parking facility." (Attachment 3) The subject property contains a parking lot with approximately 13 parking spaces. Per California Building Code Section IIB.208.2, a parking lot with one to 25 parking spaces, must provide one accessible parking space which is van accessible. Currently, there are no accessible parking spaces on the property. Enforcement Activity On October 23, 2015, Code Enforcement staff observed that the parking lot at the subject property lacked the required accessible parking space(s). Photos taken onsite show faded accessible markings, as well as visible blue hashmarks (Attachment 4). The spaces appeared to be repainted with white lines and labeled as "reserved". In addition, Google Street view from 2015 (Attachment 5) shows two accessible parking spaces with markings and signage existed previously. A Notice of Violation (NOV) was issued November 25, 2015. (Attachment 6) The Notice of Violation was appealed through a Request for Director's Review on November 30, 2015. (Attachment 7). The Director's Decision (Attachment 8) upheld the NOV on December 8, 2015. The Director's Decision was appealed on December 17, 2015. (Attachment 9) Available records reveal that the appeal was never scheduled or heard. An audit of open cases revealed the case was not resolved. Research indicated the property had switched ownership on December 4, 2020. An inspection on April 15, 2021, confirmed that the parking lot still lacked required accessible parking (Attachment 10). A new NOV (Attachment 11) was sent to the new owners on April 16, 2021. The NOV was appealed through a Request for Director's Review on April 21, 2021. (Attachment 12). The Director's Decision (Attachment 13) upheld the NOV and required compliance by June 11, 2021. A follow up inspection on June 18, 2021, showed that the violation remained. (Attachment 14). An Administrative Citation was issued on June 21, 2021 (Attachment 15). The citation was appealed on June 30, 2021 (Attachment 16). Next Steps 1. The Board may grant the appeal. 2. Continue the action and request staff and/or appellant to provide additional information. 3. Uphold the violation and deny the appeal. Attachments: 1.2013 California Building Code Definition 2. San Luis Obispo Municipal Code § 15.02.010 3.2013 California Building Code § I IB -2084 4. Inspection Photos — September 11, 2015 5. Google Screenshot 2015 6. Notice of Violation - November 25, 2015 7. Request for Director's Review - November 30, 2015 8. Director's Decision - December 8, 2015 9. Appeal of Director's Decision - December 17, 2015 10. Onsite Photos - April 15, 2021 11. Notice of Violation - April 16, 2021 12. Request for Director's Review — April 21, 2021 13. Director's Decision — June 11, 2021 14. Inspection Photos — June 18, 2021 15. Administrative Citation — June 21, 2021 16. Appealed Citation — June 30, 2021 CHAPTER 2 DEFINITIONS SECTION 201 GENERAL 201.1 Scope. Unless otherwise expressly stated, the follow- ing words and terms shall, for the purposes of this code, have the meanings shown in this chapter. 201.2 Interchangeability. Words used in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. 201.3 Terms defined in other codes. Where terms are not > defined in this code and are defined in the California Fire Code, California Mechanical Code or California Plumbing Code, such terms shall have the meanings ascribed to them as in those codes. 201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. For applications listed in Section 1.11 regulated by the Office of the State Fire Marshal, where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. Webster's Third New International Dictionary of the English Language, Unabridged, shall be considered as pro- viding ordinarily accepted meanings. SECTION 202 DEFINITIONS 24-HOUR CARE. The actual time that a person is an occu- pant within a facility for the purpose of receiving care. It shall not include a facility that is open for 24 hours and is capable of providing care to someone visiting the facility dur- ing any segment of the 24 hours. AAC MASONRY. Masonry made of autoclaved aerated concrete (AAC) units, manufactured without internal rein- forcement and bonded together using thin- or thick -bed mor- tar. ACCESS AISLE. [DSA -AC]. An accessible pedestrian space adjacent to or between parking spaces that provides clear- ances in compliance with this code. ACCESSIBILITY. [DSA -AC & HCD 1 -ACJ Accessibility is the combination of various elements in a building, facility, site, or area, or portion thereof which allows access, circula- tion and the full use of the building and facilities by persons with disabilities in compliance with this code. ACCESSIBLE. [DSA -AC & HCD 1 -ACJ A site, building, facility, or portion thereof that is approachable and usable by persons with disabilities in compliance with this code. Attachment 1 ACCESSIBLE ELEMENT. [DSA -AC] An element specified by the regulations adopted by the Division of the State Archi- tect -Access Compliance. ACCESSIBLE MEANS OF EGRESS. A continuous and unobstructed way of egress travel from any accessible point in a building or facility to a public way. ACCESSIBLE ROUTE. [DSA -AC & HCD I -AC/ A contin- uous unobstructed path connecting accessible elements and spaces of an accessible site, building or facility that can be negotiated by a person with a disability using a wheelchair, and that is also safe for and usable by persons with other dis- abilities. Interior accessible routes may include corridors, hallways, floors, ramps, elevators and lifts. Exterior accessi- ble routes may include parking access aisles, curb ramps, crosswalks at vehicular ways, walks, ramps and lifts. ACCESSIBLE SPACE. [DSA -AC] A space that complies with the accessibility provisions of this code ACCREDITATION BODY. An approved, third -party orga- nization that is independent of the grading and inspection agencies, and the lumber mills, and that initially accredits and subsequently monitors, on a continuing basis, the compe- tency and performance of a grading or inspection agency related to carrying out specific tasks. ACTIVE EQUIPMENT/COMPONENT. [DSA -SS, DSA- SS/CC & OSHPD 1, 2, 3 & 41 Equipment/Component con- taining moving or rotating parts, electrical parts such as switches or relays, or other internal components that are sen- sitive to earthquake forces and critical to the function of the equipment. ADAPTABLE. [DSA -ACJ Capable of being readily modified and made accessible. ADAPTABLE DWELLING UNIT. [HCD I -ACJ An accessi- ble dwelling unit within a covered multifamily building as designed with elements and spaces allowing the dwelling unit to be adapted or adjusted to accommodate the user. See Chapter IIA, Division IV. [A] ADDITION. An extension or increase in floor area or height of a building or structure. [DSA -AC] An expansion, extension or increase in the gross floor area or height of a building or facility. ADHERED MASONRY VENEER. Veneer secured and supported through the adhesion of an approved bonding material applied to an approved backing. ADMINISTRATIVE AUTHORITY. [DSA -AC] A govern- mental agency that adopts or enforces regulations and guide- lines for the design, construction or alteration of buildings and facilities. ADOBE CONSTRUCTION. Construction in which the exterior load-bearing and nonload-bearing walls and parti- tions are of unfired clay masonry units, and floors, roofs and 2013 CALIFORNIA BUILDING CODE 45 Attachment 2 15.02.010 Adoption of codes I San Luis Obispo Municipal Code Page 1 of 1 15.02.010 Adoption of codes. Fourteen documents, three copies each of which are on file in city offices, identified by the seal of the city of San Luis Obispo, marked and designated as the California Code of Regulations, Title 24, Parts 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11, and 12, also known as the California Building Standards Code, to include the 2019 Editions of the California Building Code (Part 2, Volumes 1 and 2), the California Residential Code (Part 2.5), and the California Fire Code (Part 9) published by the International Code Council, the 2019 Edition of the California Electrical Code (Part 3) published by the National Fire Protection Association, the 2019 Editions of the California Mechanical Code (Part 4) and the California Plumbing Code (Part 5) published by the International Association of Plumbing and Mechanical Officials, the 2019 Edition of the California Energy Code (Part 6), the California Green Building Standards Code (Part 11), the California Historical Building Code (Part 8), the California Existing Building Code (Part 10), the 2019 California Referenced Standards Code (Part 12), the 2018 Edition of the International Property Maintenance Code (IPMC) published by the International Code Council, and the 1997 Editions of the Uniform Housing Code and the Uniform Code for the Abatement of Dangerous Buildings published by the International Conference of Building Officials, are hereby adopted including chapters, sections and appendices not adopted by agencies of the state of California. Furthermore, only the chapters, sections and appendices of the 2019 California Residential Code and the 2019 California Green Building Standards Code adopted by the state of California are hereby adopted. These regulations collectively will be known as the building construction and fire prevention regulations of the city of San Luis Obispo. The provisions of such are hereby referred to, adopted, and made a part hereof as if fully set out in this chapter except as modified hereinafter. (Ord. 1670 § 5 (part), 2019; Ord. 1630 § 5 (part), 2016: Ord. 1595 § 5, 2014) The San Luis Obispo Municipal Code is current through Ordinance 1694, passed April 6, 2021. Disclaimer: The City Clerk's Office has the official version of the San Luis Obispo Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. City Website: www.slocity.org City Telephone: (805) 781-7100 Code Publishing Company The San Luis Obispo Municipal Code is current through Ordinance 1694, passed April 6, 2021. Attachment 3 ACCESSIBILITY TO PUBLIC BUILDINGS, PUBLIC ACCOMMODATIONS, COMMERCIAL BUILDINGS AND PUBLIC HOUSING TABLE 11B-208.2 PARKING SPACES TOTAL NUMBER OF PARKING SPACES PROVIDED IN PARKING FACILITY MINIMUM NUMBER OF REQUIRED ACCESSIBLE PARKING SPACES 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1000 2 percent of total 1001 and over 20, plus 1 for each 100, or fraction thereof, over 1000 that lots accessed by the public are provided with a pas- senger loading zone complying with Section IIB -503. JIB -208.2 Minimum number. Parking spaces complying with Section IIB -502 shall be provided in accordance with Table IIB -208.2 except as required by Sections IIB -208.2.1, IIB -208.2.2, and IIB -208.2.3. Where more than one parking facility is provided on a site, the number of accessible spaces provided on the site shall be calculated according to the num- ber of spaces required for each parking facility. 11B-208.2.1 Hospital outpatient facilities. Ten percent of patient and visitor parking spaces provided to serve hos- pital outpatient facilities, and free-standing buildings pro- viding outpatient clinical services of a hospital, shall comply with Section IIB -502. IIB -208.2.2 Rehabilitation facilities and outpatient physical therapy facilities. Twenty percent of patient and visitor parking spaces provided to serve rehabilitation facilities specializing in treating conditions that affect mobility and outpatient physical therapy facilities shall comply with Section 11B-502. 1IB-208.2.3 Residential facilities. Parking spaces pro- vided to serve residential facilities shall comply with Sec- tion 11B-208.2.3. IIB -208.2.3.1 Parking for residents. Where at least one parking space is provided for each residential dwelling unit, at least one parking space complying with Section IIB -502 shall be provided for each resi- dential dwelling unit required to provide mobility fea- tures complying with Sections 11B-809.2 through 11B- 809.4. IIB -208.2.3.2 Additional parking spaces for resi- dents. Where the total number of parking spaces pro- vided for each residential dwelling unit exceeds one parking space per residential dwelling unit, 2 percent, but no fewer than one space, of all the parking spaces not covered by Section IIB -208.2.3.1 shall comply with Section 11B-502. IIB -208.2.3.3 Parking for guests, employees, and other non-residents. Where parking spaces are pro- vided for persons other than residents, parking shall be provided in accordance with Table IIB -208.2. I1B-208.2.3.4 Requests for accessible parking spaces. When assigned parking is provided, designated acces- sible parking for the adaptable residential dwelling units shall be provided on requests of residents with disabilities on the same terms and with the full range of choices (e.g., off-street parking, carport or garage) that are available to other residents. JIB -208.2.4 Van parking spaces. For every six or frac- tion of six parking spaces required by Section 11B-208.2 to comply with Section 11B-502, at least one shall be a van parking space complying with Section 11B-502. 11B-208.3 Location. Parking facilities shall comply with Section IIB -208.3. 11B-208.3.1 General. Parking spaces complying with Section 11 B-502 that serve a particular building or facility shall be located on the shortest accessible route from park- ing to an entrance complying with Section 11B-206.4. Where parking serves more than one accessible entrance, parking spaces complying with Section IIB -502 shall be dispersed and located on the shortest accessible route to the accessible entrances. In parking facilities that do not serve a particular building or facility, parking spaces com- plying with Section IIB -502 shall be located on the short- est accessible route to an accessible pedestrian entrance of the parking facility. Exceptions: 1. All van parking spaces shall be permitted to be grouped on one level within a multi -story parking facility. 2. Parking spaces shall be permitted to be located in different parking facilities if substantially equiva- lent or greater accessibility is provided in terms of distance from an accessible entrance or entrances, parking fee, and user convenience. 526 2013 CALIFORNIA BUILDING CODE Attachment 4 Attachment 4 EL_,i►- Cc Cq- Street View - Mar 2015 Currently sfi own: Mar 2015 2607 2018 IJL AIL I 1W OW, Google P E Community Development 919 Palm Street, San Luis Obispo, CA 93401-37.18 805.781.7170 slocity_org NOTICE OF VIOLATION November 25, 2015 ROSSI ROBIN L 750 PISMO ST SAN LUIS OBISPO, CA 93401 Attachment 6 SUBJECT ADDRESS: 1035 MONTEREY ST. SAN LUIS OBISPO, CA 93401 APN: 002-434-003 CASE: CODE -001098-2015 Dear Property Owner: On October 23, 2015 City of San Luis Obispo Community Development Department staff inspected property that you own at the above subject address and observed the following violations of the San Luis Obispo Municipal Code and other related codes: Lack of Required Accessible Parking Spaces - Parking lots with a total number of spaces from 1 to 25 must provide at least one (1) accessible parking space. The spaces previously designated as accessible parking have been removed. Provide the required accessible parking space(s) per Section 11 B-208 and 11 B.502 of the California Building Code. Please note that if only one accessible space is required, it must be van accessible. Accessible space (s) must be properly marked and identified with signage. (SLOMC 15.02.010, CBC 11B-208.2, CBC 11 B-208.2.4, CBC 11 B-502) These violations are a public nuisance and must be corrected by December 4, 2015 by providing the required accessible parking space(s). If required, obtain the necessary approvals and permits from the planning and building divisions with the City of San Luis Obispo's Community Development Center at 919 Palm Street, phone (805) 781-7180, to either remove the unauthorized work or to modify it in a manner that complies with applicable codes. Failure to correct these violations will result in additional enforcement action being taken which may include the issuance of Administrative Citations and fines of up to $500 per day, an order to vacate the building, administrative abatement proceedings, or other remedies provided by law as indicated below: 1) The City of San Luis Obispo may seek an injunction or court order which will require the property owners to comply with City laws, be liable for civil penalties of $250.00 per day and pay all costs accrued by the City in its enforcement effort, including attorney fees. Failure to pay associated costs and fines may result in a lien being filed against your property. 2) File a criminal complaint: Each violation constitutes a misdemeanor and carries a maximum penalty of six (6) months in jail and a $1,000.00 fine for each day the violation exists. 1035 Monterey Page 2 Attachment 6 If you disagree with the findings contained herein you may submit a written appeal within ten (10) days of the date of this Notice. A written Letter of Appeal should be submitted to the Community Development Department at 919 Palm Street, San Luis Obispo, CA, 93401. The written appeal should clearly state the specific finding or action you wish to appeal, the grounds therefore, and include any substantiating documentation. Your appeal will be scheduled for the next available hearing and you will be notified of the date, time and location of the hearing. If you have questions, or would like to make an appointment with me, please call me at (805) 781-7588. We look forward to working with you in resolving this matter. Sincerely, Cassia Cocina Code Enforcement Officer Front Counter Hours: M -F 8:00 AM- 9:00 AM cc: File Enclosures: Appeal Form !;! Community Development 919 Palm Sheet, San Luis Obispo, CA 93401-3218 805.781,7170 APPEAL FORM City ofXW6MA�00 NOV 30 2015 Code Enforcement Appellant Information: Name(s); 205G►. IK -166 Legal Interest in Property: OWt4ff7= Mailing Address: 75[] PISMO SrtFEer , 5M iJi15 0015PD Or 43�6QI Phone: _ (805] 540 • '1722) (VfLKEY� Email: P -W @ V -05I – &rr- ooM \lICM—( 19 IZO!;SI - ENT. COM Subject of Appeal: Address of alleged violation: 105 K4 )r41r-- *( "14 002 - 43 Lb Ix73 Action appealed: LAGIt Qr- A GC-- Igo VARW411`46 SENgES Date of Notice, Citation or Decision: r4r]nCr-- IDAT1= 1112.51W15 An appellant may contest a Notice or Citation by denying that the facts that gave rise to a violation, by denying that it was not corrected within the required correction period, or, if applicable, by establishing that he or she is not the owner of the real property or business at the time the violation should have been corrected. Please identify your specific reasons for contesting the Notice or Citation. If you appeal involves a decision or code interpretation made by a city official, please identify the related code section. Please provide relevant information and documentation, and explain why the decision or alleged violation should be reconsidered. meollp-1 / I • ., f ' O it You may attach additional pages, if necessary. Relief or Action Sought: Ch-AMf *A 9V�J QE- W In accordance with the procedures set forth in Sections 1.20, 1.24, and 17.66 of the San Luis Obispo Municipal Code, Section 113 of the California Building Code, Section 1201 of the Uniform Housing Code, and/or Section 501 of the Uniform Code for the Abatement of Dangerous Buildings, I declare under penalty of perjury under the laws of the State of California thatthe foregoing is true and correct, and I hereby request a review of my case before the appropriate hearing authority Signature of Appellant: r Date: 111a,711)12-015 County wher executed: S;Pg4 LU 15 0515PD Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 805.781.7170 slocity org NOTICE OF DIRECTOR'S DECISION December 8, 2015 Rossi King 750 Pismo Street San Luis Obispo, CA 93401 Attachment 8 PROPERTY ADDRESS: 1035 Monterey APN: 002-434-003 Action Appealed: Accessible Parking Space Required Date of Notice or Citation: Date of Appeal: 11/30/2015 11/25/2015 Pursuant to Section 1.24.090 of the San Luis Municipal Code the Community Development Director shall review all appeals or contested Notices. The Director has reviewed your submitted appeal and has made the following determination: X The Appeal is DENIED and the Notice or Citation is UPHELD. The Appeal is granted and the Notice or Citation is DISMISSED. Portions of the Appeal are granted and the Notice or Citation is MODIFIED as noted below. Commentary: 1. Your appeal in regards to the cited violation has been denied. Per Section I1B.208 of the California Building Code any commercial parking lot with 1-25 spaces requires at least 1 accessible space. Failure to Comply with the Notice of Violation within 30 days will result in issuance of Administrative Citations and further enforcement action. Should you wish to appeal the Director's decision to the Planning Commission, please complete the enclosed Appeal Form, which must be submitted within ten days of the issuance date of this Notice. Thank you for your cooperation in maintaining your property and in preserving the beauty and unique character of our City. Sinc , . ron Community Development Director 5� Community Development 1' 919 Palm Street, San Luis Obispo, CA 93401-3218 805.781.7170 slocity.org APPEAL FORM Appellant Information: Attachment 9 Name(s): ROgItJ L. I20S51 /—'MH-t'I KIt'J 6 (RpSSI K r4 Legal Interest in Property: (]1,vtliE�4S Mailing Address: ISD 015MO S�E-E'T SAN WIS 063ISE9 C�', 934-01 Phone: 5' 4 •3-22�5 (V IO/ -EI) Email: P-013 �? R -OSS I — EOT. COM V I We`I ® 12DSS I — ENT. Co \A Subject of Appeal: Address of alleged violation: _ 1035 MDNT1✓e-ex NPN W 2—. 43 Li- . QO Action appealed: n1121<C l2 '5 ❑EC15110N VE'. LACJ- - Q(✓ t\QaaGSI B I.E PAJ4KIWQ SpAG�9 Date of Notice, Citation or Decision: DECEM43ErL F2Q1�� An appellant may contest a Notice or Citation by denying that the facts that gave rise to a violation, by denying that it was not corrected within the required correction period, or, if applicable, by establishing that he or she is not the owner of the real property or business at the time the violation should have been corrected. Please identify your specific reasons for contesting the Notice or Citation. If you appeal involves a decision or code interpretation made by a city official, please identify the related code section. Please provide relevant information and documentation, and explain why the decision or alleged violation should be reconsidered. SEE Ar'�� You may attach additional pages, if necessary. Relief or Action Sought: Cljp�rlf)tj 1� DE-C,1GION 003M I.S-31E In accordance with the procedures set forth in Sections 1.20, 1.24, and 17.66 of the San Luis Obispo Municipal Code, Section 113 of the California Building Code, Section 1201 of the Uniform Housing Code, and/or Section 501 of the Uniform Code for he Abatement of Dangerous Buildings, I declare under penalty of perjury under the laws of the State of California that he foregoing is true and correct, and I hereby request a review of my case before the appropriate hearing authori . Signature of �� f V Appellant: Date: I-1 _n � 2O 1 g County where executed: S4 W LS 06Isro Attachment 9 ATTACHMENT TO APPEAL FORM (1035 Monterey Street, APN 002-434-003 — Director's Decision) We respectfully disagree with the interpretation of City Building that an accessible space in the private lot adjoining the Fremont Theater is required. This parking lot is not a "commercial" parking lot; it is not open to the public; and the spaces in the Lot are not required for the occupancy of any building or for any specific tenant. For more than 70 years, the spaces have been leased to specific individuals according to their individual requirements. The spaces are policed by the individuals that lease the spaces. The Lot has never operated as a commercial public parking open to the public and we have no intention of doing so. Therefore, we believe, as such, a private lot which is not open to the public, and is not required for any occupancy or specific utilization is not "commercial" and is therefore, exempt from requiring an onsite parking space, ADA or otherwise. Apr 15, 2021 at 2:53:29 PM 1% ------------- _w TAP.-.. Attachment 10 rat Np SMiyi(iHC MU -we 4w { rV r YN \\ 1 } 40 Attachment 10 ��VI Attachment 10 0 Attachment 10 I X. Attachment 11 Community Development 919 Palm Street, San Luis Obispo, GA 9 3401 -3218 805.781.7170 slocity.org Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) April 16, 2021 Okra Real Estate Partners LLC % Paul Metchik Attorney 1316 Broad Street San Luis Obispo, CA 93401 SUBJECT ADDRESS: 1035 Monterey Street, San Luis Obispo, CA 93401 Code Case #: CODE -1098-2015 Dear Property Owner, APN: 002-434-003 On April 15, 2021, City of San Luis Obispo Community Development Department staff noted the following violations of the San Luis Obispo Municipal Code or other relevant codes at the above listed address: 1. Required Accessible Parking Spaces (SLOMC 15.02.010, California Building Code IIB -208.2) "Parking spaces complying with Section IIB -502 shall be provided in accordance with Table IIB -208.2 except as required by Sections 11B-208.2.1, IIB -208.2.2, and IIB -208.2.3. Where more than one parking facility is provided on a site, the number of accessible spaces provided on the site shall be calculated according to the number of spaces required for each parking facility. " TABLE 119-248.2 PARKING SPACES TOTAL NUM SER OF PARKING SPACES PROVIDED IN PARKING FACILITY MINIMUM NUMBER OF REQUIRED ACCESSIBLE PARKING SPACES w25 1 The required accessible parking space has been removed from the lot. Corrective Action: An accessible spot will need to be designated and marked in compliance with CBC I IB -502. Additionally, the spot shall be van accessible (CBC I IB -208.2.4) We request that you voluntarily take action to correct the above noted violation(s) no later than May 16, 2021. These violations constitute a public nuisance and must be abated. Failure to correct the violation(s) by the specified date will result in the issuance of an Administrative Citation requiring payment of FINES in accordance with SLOMC Chapter 1.24. For Municipal Code violations that remain uncorrected after issuance of an Administrative Citation, the City may seek enforcement by other civil or criminal remedies. Any person having a title interest in the property may request a Director's review of this Notice by completing the enclosed Request for Director's Review Form and submitting it to the Community Attachment 11 Development Department, 919 Palm Street, San Luis Obispo, CA 93406, within five (5) days of the date of this Notice. This Notice shall be deemed final unless you timely file a Request for Director's Review. We look forward to working with you to resolve these violations and would like to thank you for your efforts to maintain your property and to help preserve the safety and beauty of our community. If you have questions, please contact the undersigned Officer at (805) 783-7841 or ssheats@slocity.org. Sincerely, Steve Sheats, Code Enforcement Officer Cc: File Enclosures: Request for Directors Review Community Development Attachment 12 REQUEST FOR DIRECTOR'S REVIEW Person Requesting Review: Robin L. Rossi (Once Upon a Time L.P. & Phone: (805),540-3223 (Vickey) 1035 Monterey Investors L.P.) Address: 750 Pismo Street, San Luis Obispo, CA 93401 Email: rob@rossi-ent.com & vickey@rossi-ent.com Property Owner: X Tenant: Case #: CODE -1098-2015 Address of alleged violation: 1035 Higuera Street, San Luis Obispo Date of Notice to Correct/Violation: Notice Date: 4/16/2021 (received 4/21/2021) Please identify the code violation or interpretation you are contesting. Please provide relevant information and explain why the alleged violation or interpretation should be reconsidered. You may attach additional pages, if necessary. Required Accessible Space Parking (SLOMC 15.02.010, California Building Code 11 B-208.2) Please see attached. I hereby request a review of alleged iolation or interpretation by the Community Development Director. Signature of Appellant: Date: 04/21/2021 Please return form to: City of San Luis Obispo, Community Development Department 919 Palm Street San Luis Obispo, CA 93401 or Email: code@slocity.org COMPLETED FORM MUST BE RECEIVED BY THE COMMUNITY DEVELOPMENT DEPARTMENT WITHIN 5 DAYS OF THE DATE OF THE NOTICE TO CORRECTNIOLATION. Attachment 12 ATTACHMENT TO REQUEST FOR DIRECTOR'S REVIEW (1035 Monterey Street, APN 002-434-003 — Notice of Violation) We respectfully disagree with the interpretation of Code Enforcement Officer that an accessible space in the private lot adjoining the Fremont Theater is required. This parking lot is not a "commercial" parking lot; it is not open to the public; the spaces in the lot are not required for the occupancy of any building or for any specific tenant; or allocated to any project. For more than 70 years, the spaces have been leased to specific individuals according to their individual requirements. The spaces are policed by the individuals that lease the spaces. The lot has never operated as a commercial public parking open to the public and we have no intention of doing so. If a person requiring an accessible space wanted to lease a space, we would install such a space at that time for that person's use. Therefore, we believe, as such, a private lot which is not open to the public and is not required for any occupancy or specific utilization is not "commercial," and therefore, exempt from requiring an on-site parking space, ADA or otherwise. Attachment 13 Community Development 919 Palm Street; San I uls Obispo. CA 93301-:3218 805 781 7170 DIRECTOR'S DECISION AFTER REVIEW OF NOTICE TO CORRECT/NOTICE OF VIOLATION May 26, 2021 Robin L Rossi 750 Pismo San Luis Obispo, CA 93401 Subject Address: 1035 Monterey APN: 002-434-003 Action Reviewed: Required Accessible Parking Spaces SLOMC 15.02.010 Case #: CODE -1098-2015 Date of Notice: 04/16/2021 Date of Request for Director's Review: 04/21/2021 Pursuant to Section 1.24.090 of the San Luis Obispo Municipal Code the Community Development Director shall review all contested notices to correct and/or notices of violation. The Director has reviewed your submitted request for review and has made the following determination: The Request is denied and the action(s) reviewed is UPHELD. COMMENTS/REASONING Thank you for your request for Director's Review. Per the 2019 California Building Code (CBC), where parking spaces are provided, spaces shall be in accordance with Section 116-208. Independent of whether the spaces are individually leased, it is a parking lot and required to provide an accessible space based on the number of parking spaces. Table 1113-13 208.2 is enclosed for your convenience. Please take action to correct the code violation (s) by June 11, 2021. Failure to do so may result in the issuance of an Administrative Citation and a fine or other enforcement action. Subsequent violations of the above -stated Codes within the next twelve months may result in the immediate issuance of additional Administrative Citations and further enforcement action. This decision is not appealable, but any challenges to the director's decision may be raised as part of an appeal from an administrative citation (if an administrative citation has been issued or is subsequently issued in connection with the Notice) pursuant to Section 1.24.100. Attachment 13 Thank you for your cooperation in maintaining your property and in preserving the beauty and unique character of our City. Sincerely, Mac G ron Community Development Director 5/17/2021 11B-208.2 Minimum Number Attachment 13 11B-208.2 Minimum Number Parking spaces complying with Section 11 B-502 shall be provided in accordance with Table 11 B-208.2 except as required by Sections 11 B-208.2.1, 118-208- 2.2, and 11 B-208.2.3. Where more than one parking facility is provided on a site, the number of accessible spaces provided on the site shall be calculated according to the number of spaces required for each parking facility. TABLE 11 B-208.2 PARKING SPACES TOTAL NUMBER OF PARKING SPACES PROVIDED IN PARKING FACILITY MINIMUM NUMBER OF REQUIRED ACCESSIBLE PARKING SPACES 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 g 501 to 1000 2 percent of total 1001 and over 20, plus 1 for each 100, or fraction thereof, over 1000 11B-208.2.1 Hospital Outpatient Facilities Ten percent of patient and visitor parking spaces provided to serve hospital outpatient facilities, and free-standing buildings providing outpatient clinical services of a hospital, shall comply with Section 11 B-502. 111113-208.2.2 Rehabilitation Facilities and Outpatient Physical Therapy Facilities Twenty percent of patient and visitor parking spaces provided to serve rehabilitation facilities specializing in treating conditions that affect mobility and outpatient physical therapy facilities shall comply with Section 116=502. 116-208.2.3 Residential Facilities Parking spaces provided to serve residential facilities shall comply with Section 11 B-208.2.3. 11B-208.2.3.1 Parking for Residents Where at least one parking space is provided for each residential dwelling unit, at least one parking space complying with Section 11 B-502 shall be provided for each residential dwelling unit required to provide mobility features complying with Sections 11 B-809.2 through 1113- 809.4. Where fewer than one parking space is provided for each residential dwelling unit, parking spaces complying with Section 11 B-502 shall be provided in accordance with Table 11 B-208.2. 11 B-208.2.3.2 Additional Parking Spaces for Residents Where the total number of parking spaces provided for each residential dwelling unit exceeds one parking space per residential dwelling unit, 2 percent, but no fewer than one space, of all the parking spaces not covered by Section 1113- 208.2.3 1 shall comply with Section 11 B-502, 11B-208.2.3.3 Parking for Guests, Employees, and Other Non -Residents https://up.codeslviewer_exportljuris_keylcalifornia/publint_building_code_2018/ref/new_11 B-208.2 1/2 5/17/2021 11B-208.2 Minimum Number Attachment 13 Where parking spaces are provided for persons other than residents, parking shall be provided in accordance with Table 11 B-208 2. Note: When assigned parking is provided, Chapter 11A indicates designated accessible parking for the adaptable residential dwelling units shall be provided on requests of residents with disabilities on the same terms and with the full range of choices (e.g., off-street parking, carport or garage) that are available to other residents. 11B-208.2.4 Van Parking Spaces For every six or fraction of six parking spaces required by Section 11 B-208.2 to comply with Section 11 B-502, at least one shall be a van parking space complying with Section 11 B-502. https://up.codeslviewer_exportljuris_keylcalifornia/publint_building_code_2018/ref/new_11 B-208.2 2/2 Jun 18, 2021 at 8:15:35 AM Jew y a _ d Attachment 14 Attachment 14 fir-, 4F 17' 4 � �eaiam�IL tfi.SUBS r' ` Attachment 14 Jun 18, 2021 at 8:15:21 AM r un 18, 2021 at 8:16:22 AM r� 1 .��•� �� !t�i}�r! 4rYlr��'�r�e r��'�� `�. .,�r ..� ��`��'�U k>�J r � � . 4 hJ tif� ,y��,kj4,b �.,�"y �� !P ✓? 1 � , _+ i �. 1 �f t' � � . '4�g�r,1+�ih �ay�� 5 � 4 ,�< t � f' +r�rr'' �i 1 � T�p]��Y i i.QE1y�� a� >'�if� 7�s., s�,, • �� , SC: ' p�F , � �F'��f fS�{Y�w�...ii�'` ��l i * � � r } � �. 3 !1 � WJ 5 ; f '�`Y ��i,� .r �N_�`�; �'� ��y,�?�� wk��.�� 'i y�o ' 4F S - ,.1� � . �k: i ��i��y� -}j l '��'+ ; � ��'. N d.�. � �''�', e�� r?yia..�� '� �ti��'e ! . �� ;�,Y N r��`��F�u�; �v yr �_ � �M ��' ' �"�.� ' ��s ��i � ��'wa�'i��" ,: '�:�, + .'� �.,, T} ..i � i��iili�� ':� �`f�� . s �,. 3 ,f� ti �'� a . �1�'�y� t{,�'g dI M A .,f� � '�y��3¢ 'x�� F.'� �r �� r�(�'�St,g'�`�'F�� ; � y �,p � 5�� 1 '. L -� �; I 1 4�y`uJ' b�l��1'�"a-r�A A �� , / i x'�� Jh r, �4� �r! �R�'�! � t -a { f �i _�+..". 5.��'� i� .�-�� r� ,�� . � a�� ,��2 ,y'y:� � u �S?;. "� i �. r�. i�: 4 �,F }� ��' '�wd,�r,�i�� {F��' Y.''i �w' t � �, � �' ,',� ' �-�f'� ,� �' � � � � � ��.i qYd r�4�7� 4��'�V 4 '�4 'r5 9'�: � � ..y�y' ��• 74 , � °'/ � "�L�� 4 F '' � y x��-0j�a 4�#S ]� �` �� s :ir �a + ��Y�'' ��Ct��". �.�' k r �: ,c ! �1� y i i�- �,,;. � +� �fiy�\f �;�; 3{ ,'� a}s��!��i ; � `.qy6�.�:. i r w c d �,,� ^t� .�� y, n �' � S�i°- �,� R � 1 .�� +da! �;7� r r S, r h,�1._y��qf a�+y,F .k +'i'.r ' .� I �_�.',i'�'kri�.SY�( 4: �.. V 3 Ri� , �fi � h t k�. �.1�.�� Y(f�� f7� ." F��1.''fY� �� _ � I. Ot l ' l�"�� l��Yy�� ,}:.� . �I y� _—�,� � � 4;�{ �?� � { �� +1 ja��h i } �;u .4 • f � � n ,�l�r � ,y 14 �' r a r+; � ° � �� " i� r?'u�'�i+1� "'' i t _ � � . w �.�i d: ..Y�at,.�f� '. . �. _._ r�.�+�.u- rw ,�� ..* Ty,a+.s A! ��, �i� Q_�, ., ,..-,�. -a t_ � � � S- . . . � . ,w�S'� f ,��; '� .ti.,iv �. �.at. i i 1 � - . �. �� i.,� ` � K� , �r� '�y k�{'�n��.r'�-�' , . �3 r f y. 4 �� t �y`�' 't; ii� � ��r � r '1F-�� ' � � i. l �` H f� r ♦,�:� �� w��nl y, . ��,. r q 5��:. ;��, " �r . �w �t�;'q -.0�� d � �S'.,� .�.� . ' �� ,� �. r�i . 4i}+�� n � t�t� 1, � � -� �z �.�� -.� ..., t , e �� }_ �� ,.� t !�f� 1 A ha t_. �.�R . �� _ h 7w R } A1 1 - r.. �'a {' H* R .i� i t�1y<t �� -:"(�` a � ��r. �,'i�;.- C.� � t� �RiS.�,�.r �' ,:�. �� ir h '��,�•.� .,�F�': � �� .r' ��`��'-.° ':'�� '�,� �w i� �. �. - �r, �� . - ^, '� ('::i w� ° � 'A, ra �1 rr, i� t'._ ^ ^ �.:,.e°. `''er� ry � _ �A,.:n ' f� + �ti - .:r s.� �� " a '� E:� i � � ` �:i r � w�� Yt y � � �� '.�• � E�� r j< 1 � `�i F,;� r�`s� '' � , r �' � � � �' i`t� '��rr '-.� �"3 -r. .�Ti - i�f.�' �' ��} �` ��?o tr -iift� � : '� q.�� ..�r� � ' .r. ��rl s � S �' ^y�`- . -., 't�' '4'�+�;Y� ' r�-. � a ''ry .� dtlx� .�7 • -y:i� t �`{; � r ,,oi �� „i .; �S i � r � � 6�! p� . � �� r�-�,� . � � r'k ��s� ;9 �_� _40 �'� ,, ,.., �._'� �� —t.. i� `r +�-;.�M.r'� 1. ' , , - �� ':.�,� �'�:; � �' ,? r ;,`,�s%.°-� �+ ��' ¢' u .� ;h ��'` �i� � ° _ �, 1� y � � � � . � l� r� - �i "��f �` j: � � 4.: . Attachment 15 3;;; � - Cammunity De�elnpment �� 919 Palm 5treet,San Luis Obispo,CA 93401-32�8 � 8a5.781.7170 slai;ity.org Declaration of Service and Posting of Notice SUBJECT ADDRESS: 1035 Monterev Street, San Luis Obispo, CA 93401 CASE NO.: CODE-1098-2015 Citation No.: 25074 Officer: Steve Sheats I�+ve, the undersigned, declare that at all times herein mentioned, I�ave were and now are a duly authorized employee{�} of the Community Development Department, City of San Luis Obispo, State of California; that pursuant to Section 1.24.050G of the San Luis Obispo Municipal Code (SLOMC), Section 1101.4 of the Uniform Housing Code, or Section 401.4 of the Uniform Code for the Abatement of Dangerous Buildings, as adopted by Section 15.02.010 of the San Luis Obispo Municipal Code,�e deposited in a receptacle for the U.S. Postal Service, in a sealed envelope, postage prepaid, by X regular mail,�cn le� x certified mail, return receipt requested the following: A Notice to Correct, Notice of Violation, x Administrative Citation, Stop-Work Notice, Notice of Hearing, Notice of Proposed Lien, Notice of Special Assessment Notifying the owner of the property of the subject address referenced above of violations of the San Luis Obispo Municipal Code existing on the property and/or of related abatement proceedings. The above notice was sent to each person having an interest in the property at their respective addresses as listed in the Notice, and a copy of the notice was posted at the subject address. I declare under penalty of perjury that the foregoing is true and correct. Executed this 21st day of June. 2021, San Luis Obispo, California Officer or clerk effecting service by mail: Steve Sheats 1510/June 21. 2021 (Print Name) (Signature) (Time/date) Officer effecting service by posting: Steve Sheats 1519/June 21, 2021 (Print Name) (Signature) (Time/date) Attachment 15 Citation No.: 25101 -' ADMINISTRATIVE CITATION - .;;,,, r - Cammunity De�elnpment AND ORDER TO COMPLY WITH �� 4a19 Palm 5treet,San Luis fli}ispa.CA 93401-3218 SAN LUIS OBISPO MUNICIPAL CODE 8a5.781.7170 X 1St Citation 2"d Citation 3rd Citation Additional / Daily Fines ADDRESS OF VIOLATION: 1035 Monterey St, San Luis Obispo, CA 93401 APN: 002-434-003 DATE OF VIOLATION: June 18, 2021 NAME: 1035 Monterey Investors LLC ADDRESS: 1316 Broad Street, San Luis Obispo, CA 93401 PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE,YOU ARE HEREBY ORDERED TO IMMEDIATELY CORRECT THE VIOLATION(S) DESCRIBED BELOW AND PAY THE FINE. YOU ARE FURTHER ORDERED TO CEASE THE ACTIVITY GIVING RISE TO THE VIOLATION. WHEN CORRECTIONS ARE COMPLETE PLEASE SCHEDULE AN INSPECTION BY CALLING (805)781-7180. TO AVOID ADDITIONAL FINES COMPLIANCE MUST BE VERIFIED BY DEPARTMENT STAFF. IF DAILY FINES APPLY AS NOTED ABOVE, THE FINES SHALL ACCRUE DAILY UNTIL THE VIOLATION(S) ARE CORRECTED. FAILURE TO CORRECT THE VIOLATION(S) WILL RESULT IN THE ISSUANCE OF ADDITIONAL ADMINISTRATIVE CITATIONS AND ESCALATING FINES OR OTHER ENFORCEMENT ACTION. CODE SECTION DESCRIPTION OF VIOLATION FINE MC § 15.02.010 Required Accessible Parking Spaces $100 CBC § 11 B-208.2 Amount Due $100 Failure to pay the fines may result in the suspension of any pending applications or permits. Unpaid fines become delinquent after 30 days and are subject to interest accrual of 8% per month as contained in SLOMC 1.24.070 C. Delinquent fines are also subject to the special assessment and lien procedure contained in SLOMC 1.24.150. This may result in the imposition of a lien or special assessment against the property in the amount of any unpaid fines. Mail Payments to: City of San Luis Obispo, Community Development Department 919 Palm Street, San Luis Obispo, CA 93401 You may file an APPEAL of this Administrative Citation by submitting a request in writing to the Hearing Administrator within ten days of the date this Administrative Citation is issued as shown below. Each responsible party is individually required to file an appeal. FAILURE TO FILE AN APPEAL WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. Please see the attached Appeal Form for more information. Mail Appeals to: City of San Luis Obispo, City Clerk 990 Palm Street, San Luis Obispo, CA 93401 Issued By: Steve Sheats Signature: Title: Code Enforcement Officer RELATED CE CASE: CODE-1098-2015 DATE CITATION ISSUED: June 21, 2021 � � Attachment 15 TO: � 1035 Monterey Investors LLC ��y�.�� i �7� � t�� ? � I• � �� ``a. ,Jc�, INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION 00025101 06/18/2021 07/18/2021 Due 1035 Monterey-SLO REFERENCE NUMBER DESCRIPTION TOTAL CODE-001098-2015 CE 1stAdmin Citation $100.00 SUB TOTAL $100.00 TOTAL $100.00 June 21,2021 Page 1 of 1 Attachment 15 i� ;� , ; _- � � ; ' ,�;� ;�. - Community velopme • .�� - ,•. � 919 F'alin SUeeL Sa� his 3�3�1-. '� � 805 781 7170 DIRECTOR'S DECISION AFTER REVIEW OF NOTICE TO CORRECT/NOTICE OF VIOLATION May 26, 2021 Robin L Rossi 750 Pismo San Luis Obispo, CA 93401 Subject Address: 1035 Monterev APN:002-434-003 Action Reviewed: Repuired Accessihle Parkin�g Spaces SLOMC�S.Q�.��.d Case#:COO�-1�98-�Q].5 Date of Notice:04/16/2021 Date of Request for Director's Review:04/21/2021 Pursuant to Section 1.24.p90 of the San Luis Obispo Municipal Code the Community Development Director shall review all contested notices to correct and/or notices of violation. The Director has reviewed your submitted request for review and has made the following determination: The Request is denied and the action(s) reviewed is UPHELD. COMMENTS/REASONING Thank you for your request for Director's Review. Per the 2019 California Building Code (CBC), where parking spaces are provided, spaces shall be in accordance with Section 116-208. Independent of whether the spaces are individually leased, it is a parking lot and required to provide an accessible space based on the number of parking spaces. Table 11B-B 208.2 is enclosed for your convenience. Please take action to correct the code violation(s)by June 11,2021. Failure to do so may result in the issuance of an Administrative Citation and a fine or other enforcement action. Subsequent violations of the above-stated Codes within the next twelve months may result in the immediate issuance of additional Administrative Citations and further enforcement action. This decision is not appealable, but any challenges to the directo�s decision may be raised as part of an appeal from an administrative citation (if an administrative citation has been issued or is subsequently issued in connection with the Notice) pursuant to Section 1.24.100. Attachment 15 Thank you for r cooper n aintaini our operty and in pres ing the beauty and unique character of ou Sincerely, G Mic dran Community Development Director 5/17l2021 -208. inimum er Attachment 15 11 B-208.2 Mini m Nu Parking spaces complying B-50 ded i cordance with Table -208.2 except as required by Sections 11 B-208 2.1, 11 B-208 . , and 11 B-208 2 3 ere more than one parking facility is provided on a site, the number of accessible spaces provided on the site shall be calculated according to the number of spaces required for each parking facility TABLE 11 B-208.2 PARKING SPACES TOTAL NUMBER OF PARKING SPACES PROVIDED IN MINIMUM NUMBER OF REQUIRED ACCESSIBLE PARKING FACILITY PARKING SPACES 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 ta 300 7 301 to 400 g 401 to 500 4� 501 to 1000 2 percent of total 1001 and over 20,plus 1 for each 100,or fraction thereof,over 1000 116-208.2.1 Hospital Outpatient Facilities Ten percent of patient and visitor parking spaces provided to serve hospital outpatient facilities, and free-standing buildings providing outpatient clinical services of a hospital, shall comply with Section 11 B-502. 11 B-208.2.2 Rehabilitation Facilities and Outpatient Physical Therapy Facilities Twenty percent of patient and visitor parking spaces provided to serve rehabilitation facilities specializing in treating conditions that affect mobility and outpatient physical therapy facilities shall comply with Section 116=502. 116-208.2.3 Residential Facilities Parking spaces provided to serve residential facilities shall comply with Section 11 B-208.2.3 11B-208.2.3.1 Parking for Residents Where at least one parking space is provided for each residential dwelling unit, at least one parking space complying with Section 11 B-502 shall be provided for each residential dwelling unit required to provide mobility features complying with Sections 11 B-809.2 through 11 B-809.4. Where fewer than one parking space is provided for each residential dwelling unit, parking spaces complying with Section 11 B-502 shall be provided in accordance with Table 11 B-208.2. 11 B-208.2.3.2 Additional Parking Spaces for Residents Where the total number of parking spaces provided for each residential dwelling unit exceeds one parking space per residential dwelling unit, 2 percent, but no fewer than one space, of all the parking spaces not covered by Section 11 B- 208 2 3 1 shall comply with Section 11 B-502 11 B-208.2.3.3 Parking for Guests, Employees,and Other Non-Residents https://up.codes/viewer_export/juris_key/california/pub/int_building_code_2018/ref/new_11 B-208.2 1/2 5/17/2021 -208. er Attachment 15 Where parkin aces are provide r persons o th esidents, rking I rovided in accordance with Table 118-208 2. Note: When as d par ' is pr Ch 11A i cates designated acc ible parking for the adaptable residential dwellin all be provi quests o sidents with disabiliti n the same terms and with the full range of choices(e.g , off-street parking, carport or garage)that are available to other residents. 11B-208.2.4 Van Parking Spaces For every six or fraction of six parking spaces required by Section 11 B-208.2 to comply with Section 11 B-502, at least one shall be a van parking space complying with Section 11 B-502. https:/lup.codes/viewer_exporUjuris_key/california/pub/int_building_code_2018/ref/new_11 B-208.2 2/2 . Attachment 15 - 3,;; f - Cammunity evelnpment ��19 Palm 5treet, Luis Obispo, 34 218 ua5.781.7170 Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) April 16, 2021 Okra Real Estate Partners LLC %Paul Metchik Attorney 1316 Broad Street San Luis Obispo, CA 93401 SUBJECT ADDRESS: 1035 Monterey Street, San Luis Obispo, CA 93401 APN: 002-434-003 Code Case #: CODE-1098-2015 Dear Property Owner, On April 15, 2021, City of San Luis Obispo Community Development Department staff noted the following violations of the San Luis Obispo Municipal Code or other relevant codes at the above listed address: 1. Repuired Accessible Parkin�Spaces (SLOMC 15.02.010, California Buildin� Code IIB-208.2) "Parking spaces complying with Section IIB-502 shall be provided in accordance with Table IIB-208.2 except as required by Sections IIB-208.2.1, 118-208.2.2, and IIB-208.2.3. Where more than one parking facility is provided on a site, the number of accessible spaces provided on the site shall be calculated according to the number of spaces required for each parking facility." Ta�a�� rr�-xoe,z PAR141NG SPACES f TOTAL Nll1YIBER pF OkRKING SPACfS PRpVIDED IM PAAlCING FAClL17Y h1�NI1MWAi1 NVIABER QF REOIJIRED JSCCES5IBLE PARKING SP� , 1 I��?5 1 The required accessible parking space has been removed from the lot. Corrective Action: An accessible spot will need to be designated and marked in compliance with CBC 11B-502. Additionally, the spot shall be van accessible (CBC 11B-208.2.4) We request that you voluntarily take action to correct the above noted violation(s) no later than May 16, 2021. These violations constitute a public nuisance and must be abated. Failure to correct the violation(s) by the specified date will result in the issuance of an Administrative Citation requiring payment of FINES in accordance with SLOMC Chapter 1.24. For Municipal Code violations that remain uncorrected after issuance of an Administrative Citation, the City may seek enforcement by other civil or criminal remedies. Any person having a title interest in the property may request a Director's review of this Notice by completing the enclosed Request for Director's Review Form and submitting it to the Community Attachment 15 Development Depart t, 919 P et, San L O po, 93406, in five (5) days of the date of this Notice. This N e shal de d fina ess u timely file a R est for Director's Review. We look forward to working with you to resolve these violations and would like to thank you for your efforts to maintain your property and to help preserve the safety and beauty of our community. If you have questions, please contact the undersigned Officer at (805) 783-7841 or ssheats@slocity.org. Sincerely, Steve Sheats, Code Enforcement Officer Cc: File Enclosures: Request for Directors Review ��-��C=� Att chment 16 JUN � 0 2021 �°��I2°�' � �-_�'�� Administrative Citation �-�'�- '�.�.r i I 7'��. ''"�'��+` This request to appeal must be received by the City Clerk ,�.�.�,. e � ' within 10 days of date of the ci�ation to be considered timely filed. Please submit any supportrng dvcurrxenfs or photos with thrs farrn. i. Appellant. Mr,/Mrs.�Ms. Name 1035 Monterey Investors LLC c/o Rossi Enterprises 8 5-545-�� o@rossi-ent . com Phone Email 750 Pismo St - -- NBailar�Address 5 an Lu i s i s p o, A __ _.93-4�-0� City State �ip Cade (If Applicable) 8usiness Name Buslness L(cense� 2. Interest in Citation. (Place X�n front of selec#ionj A,Charged personally x e. Charged as the C,Actfng as the legally authorized Agent owner of the prvperty of the cited business or hnmeowner . 3. Administrative Citation. Date of Citation June 21, 202'�itation Number 25101 Address of property cited or lacation where an individual was cited� • .. Citation Address 1035 Monterey Street (Higuera Street side of Building) . City S�� LuisS�bi�'�;?r� State Cq Zip Code �34_0� • Municipal code section(s�violated; MC Section 15.02.010 (CBC Section 11 B-208.2} code violat�onis)betng appealed: Required Accessible Parking Spaces 4. Reason for appeal. Give a brief statement of why you are appealing and why the notice of violation/adminlstrative citatio� should be revoked, modified or otherwise set aside. The AMOUNT of the fine cannot b� reduced on appeai: Attach additional sheets as necessary. Any documents or photos you wish to submit in support of your appeal should be included with this form.(number nf sheets att�ched�_) See attached. Questions about this farm o�the appeal process? Contact the City Attamey's Office at Room 10, City Hall (990 Palm Street)o� (805)781-7140 Attachment 16 � ' �d��trat�v� G�fi�tic�n e�p��f 1F�r� .�f�. � �'''°•;� Questions about this fortn or the appeal process? Contact the City Attomey's Office at Room 10, City Hall (990 Palm Street)or(8p5)781-7140 5. Election of Appea) Process. Noie: All Adminis[rotive Citations written fnr vialarion of Title IS of the Municipa! Code (buF�dr`ng and , r,�l�tedc�desJ,everr if c�ther code violotions Qre oFs��i[ed, w11!h�autc�mnrl�r�Ily h�ard hy the Construtt+�n �aord'vfApt�eals.Electrarr of Nearing OffFrer r�view is�rat vQlid�and ycsur check fnr$�$.I mus[acca►nparry fhis appea!form. For AdministraCive Citations that do not charge a violation of 7itle 15, you must make a choice of an appeal prncess. (1}At na charge,yau may choose an expedited, less formal appeal process o�revl�w by a�ear�n�afFic�,,,r whose final decision may be appealed directly to the superior caurt for de novo r�vlew pursuant to Goverr�ment Code 5er.tion 53069.4,(7}However,if you wlsf�to retaln your right tn challenge the Administrative Citation,or any final city action related to the citation,in court hy any writ action,you must appeal to the Administrative Revieuv gaar�f for a mnre formal, comprehensive }tearing to ensure preparation of an adequate administrative record,and pay an appeal fee�fi$281. Only one appeal process may be chosen� and once chosen, the election i� final. Fallure to make a selection will result in the appeal heing assigned to a Hearing Officer�o�review and wlll constltute � failure to exhaust adminlstrative remedies for pu�poses of any subsequently ffled wrlt artinn. I have read the a�Qve and chaose; (Place�(in front of selection) �A. My administrative citation includes a Title 15 violation requiring review by the Constructf�sn • .$r�ard_of App_ea_I_s, My check for$281 is enclosed �� B. More formal appeal to Administr�Ciue Review Bv�rd, My check for$281 is enclosed. C. Expedited appeal to Hearin �fficer � 6. Election to farego an in-persnn hearing. • It is your ri�ht under San Luis Obispo Municipal Code Section 1.24, no matter which appe�l process Is chosen, to have an in-person he�ring. If you choose, you may forego this right and have your �pppal reviewed on the record,which will include all documents you submit and all thnse provld�d by the Clty, By checking this box I am indicating I do�at uvant an in-person h�aring� 7, Truth of Appeal. I declere under penalty oF perjury that all of the facts stated in this eppeal are true and that this appeal form was signed on: �une 30, 2021 at San Luis Obispo CA Date City State If different from the address in Paragraph 1,the official mailing address to receive further nr�tices from City relating to the appeal is: Strs Address �i�y ��p� Z�p Rob Rossi, Mana er �na�ure of Appellant Print name of Appellant Mail or Deliver in person to: City Clerk's Offlce, 990 Palm St., San Luis Obispo, CA 93401 Attachment 16 ATTACHMENT TO ADMINISTRATIVE CITATION APPEAL FORM 1135 MONTEREY INVESTORS LLC CITATION NO.:25101 11B-208.1 provides: "Where parking spaces are provided, parking spaces shall be provided in accordance with Section 11B-208." This ordinance on its face is predicated on the fact that parking is required or being provided to the public. This is specifically not the case in this instance. We appreciate that if this were a publicly available parking lot,that 116-208 would have to be complied with and an accessible space provided. However, the Appellant asserts that where, as here, (i)the property is private and not utilized as a lot which the public is allowed to enter; (ii) the site is not required parking for any project or use, (iii)the general public is not allowed to park on any part of the subject site and the public is actively prevented from parking on this site, and (iv) the individual spaces are leased individually to specific private users solely for their use and by use of owners, then parking is not"being provided" within the meaning of the Code. In support of Appellant's interpretation are the following facts: 1. Fremont Building (including where Buona Tavalo is now located) was constructed in 1942, and never has provided, nor was it ever required to provide, parking, even under current ordinance. Attachment 16 2. Neither the Lease of the Fremont Building nor the Lease to Buona Tavola (both of which are located on the Subject Property) includes a right to park and those business operations are not required to have parking. 3. The area in question has been leased and used only for private parking, including on occasion to the County. It is not and has not been open to the public as a public lot. 4. If a person who needed an accessible space desired to lease a space,and space is available we would provide that person an accessible space, but this creates the conundrum that accessible spaces are available to the public generally and the space would not necessarily be available to the person leasing it. 5. The individual currently leasing each space has the right to manage their own individual space, including the ability to prevent others from using the space by towing. With a publicly accessible space, how would the private person leasing that space enforce his right to the space? CONCLUSION: Based on the above, we conclude parking is not being"provided" within the meaning of the Code and for the City to require an accessible space on the Subject Property is a taking of private property for public use. �