HomeMy WebLinkAboutItem 2 - Memo and Draft ResolutionCity Attorney's Office
990 Palm Street, San Luis Obispo, CA 9 3401 -3249
805.781.7140
slocity.org
September 8, 2021
TO: Construction Board of Appeals
FROM: Markie Jorgensen, Assistant City Attorney and Advisor to the Board,
Rebecca Cox, staff liaison to the Board
SUBJECT: Draft Resolution for the September 14, 2021 Special Meeting of the
Construction Board of Appeals, Agenda Item 2
Per the direction of the Board at its meeting of August 16, 2021, the attached resolution
(Attachment #1) was drafted to revoke administrative citation #25101 and grant the appeal of
Robin Rossi and John King, on behalf of 1035 Monterey Investors LLC. The resolution states
the Board's decision including a summary of the evidence the Board relied on in making its
decision and written findings of fact and law, and includes all other components required
under Municipal Code Section 1.24.130. The draft resolution is being brought back before the
Board for further discussion and refinement, or adoption.
Should any Board Member, representative of either party, or other person have concerns with
the language of the resolution, including the findings of fact or law, or summary of evidence
relied on, those concerns may be directed to Assistant City Attorney Jorgensen for evaluation
in advance of the noticed meeting of September 14, 2021. If Assistant City Attorney Jorgensen
concludes that such concerns or proposed edits are warranted, she will submit a redline
revision of the draft resolution as agenda correspondence. There will also be opportunity for
further discussion and refinement of the resolution at the September 14, 2021 meeting.
RESOLUTION NO. CBOA-03-21
A RESOLUTION OF THE CONSTRUCTION BOARD OF APPEALS OF
THE CITY OF SAN LUIS OBISPO, CALIFORNIA, GRANTING THE
APPEAL OF ROBIN ROSSI AND JOHN KING, ON BEHALF OF 1035
MONTEREY INVESTORS LLC, AND REVOKING ADMINISTRATIVE
CITATION NO. 25101.
WHEREAS, the Construction Board of Appeals of the City of San Luis Obispo conducted
a public hearing via teleconference at 1:00 p.m. on August 16, 2021, on the appeal of Robin Rossi
and John King of Administrative Citation No. 22649 issued to the 1035 Monterey Investors LLC
(the "Appellant") on June 21, 2021, for violations of Municipal Code 15.02.010 and California
Building Code Section 1113-208.2 (the "Administrative Citation"); and
WHEREAS, notice of said public hearing was made at the time and in the manner required
by law; and
WHEREAS, Section 1.24. 100 of the San Luis Obispo Municipal Code establishes a right
to appeal an administrative citation issued by the director; and
WHEREAS, the Construction Board of Appeals of the City of San Luis Obispo (the
"Board") duly considered all documents and information, including the Administrative Citation;
the City's staff report and accompanying presentation; the Appellant's appeal; oral argument by
the Appellant's representative; all written or other evidence; and evaluation and recommendations
by staff presented at such hearings.
NOW, THEREFORE, BE IT RESOLVED by the Construction Board of Appeals of the
City of San Luis Obispo as follows:
SECTION 1. Findings. The Construction Board of Appeals finds:
1. The above statements are true.
Resolution No. CBOA-03-21 Page 2
2. The names of all people participating in the hearing and their capacity:
a. Appellant: 1035 Monterey Investors LLC;
b. Representative of the Appellant: Robin Rossi ("Designated Representative");
c. City staff. Mark Amberg, Assistant City Attorney, legal advisor to City Code
Enforcement staff; Markie Jorgensen, Assistant City Attorney, legal advisor to the
Board; Rodger Maggio, Fire Marshal/Chief Building Official, liaison to the
Board; Cassia Cocina, Code Enforcement Supervisor; and Steve Sheats, Code
Enforcement Officer;
d. Witnesses (either for or against appellant): none.
3. The hearing was recorded by audio recording, and such recording is in the custody of the
City of San Luis Obispo Clerk's Office.
4. The Appellant or Designated Representative was present for the public hearings.
5. Pursuant to Municipal Code Section 1.24.110(E), the Board received the Administrative
Citation and supporting information (documents, exhibits, or materials prepared by city
staff) concerning the Appellant's violation of San Luis Obispo Municipal Code Section
15.02.010 (for violation of California Building Code Section I IB -208.2) as prima facie
evidence of the Appellant's code violation and of the facts stated in such documents.
6. The following submissions were submitted to the record, including, but not limited to
photographs, drawings, and documents:
a. Appellant's Administrative Citation Appeal Form, dated June 30, 2021;
b. City staff report dated August 5, 2021 and accompanying Attachments 1-16.
7. The Board has decided to revoke the Administrative Citation issued to Appellant for
violation of San Luis Obispo Municipal Code Section 15.02.0 10 (for violation of
California Building Code Section I IB -208.2).
8. The Board found the following information credible in support of its decision to revoke
the Administrative Citation and grant the appeal:
a. San Luis Obispo Municipal Code Section 15.02.010 incorporates by reference the
California Residential Code and California Building Code into the City's
Municipal Code.
Resolution No. CBOA-03-21
Page 3
b. The 2019 California Building Code provides that "where parking spaces are
provided, parking spaces shall be provided in accordance with Section I IB -208."
(Cal. Building Code § 1113-208.1.)
c. The 2019 Building Code further provides that parking spaces shall be provided in
accordance with Table 1113-208.2, which requires that parking facilities with one
(1) to 25 total spaces must provide at least one (1) accessible parking space. (Cal.
Building Code § 11B-208.2; Table 11B-208.2.)
d. Appellant owns a parking lot located at 1035 Monterey Street, San Luis Obispo,
California that is rented on a per space basis to individual tenants and is not
associated with any required parking of an adjacent business (the "Lot.")
e. The Lot has approximately 13 parking spaces and presently no accessible parking
spaces.
f. The Board concludes that the Lot is not required to provide an accessible parking
space in accordance with California Building Code Section 1113-208.2 because
when the Lot was constructed, provision of an accessible space was not required,
and there has not been a subsequent modification to the Lot sufficient to require
compliance with current California Building Code requirements set forth in
Section 11B-208.2.
g. The Appellant provided evidence relating to the history of the Property, its
occupancy, and its previous and current use sufficient to rebut the City's prima
facie evidence of a violation of Chapter 15.02.0 10 of the San Luis Obispo
Municipal Code (for violation of California Building Code Section 11B-208.2).
SECTION 2. Action: Based on the above findings, documentation, and information
submitted in support thereof, the Construction Board of Appeals does hereby grant the appeal of
1035 Monterey Investments LLC and revokes the Administrative Citation.
Upon motion of Board Member Vessley, seconded by Board Member Wiedeman, and on
the following roll call vote:
AYES: Board Member Wiedeman, Board Member Graves, Board Member
Vessley, and Vice Chair Eckrich;
NOES: Board Member Dilworth
ABSENT: Board Member Martinez and Board Member Garza
The foregoing resolution was adopted this 14th day of September 2021.
Resolution No. CBOA-03-21
Niel Dilworth, Chairperson Date of Signature
Page 4