HomeMy WebLinkAboutItem 2 - 04-21-2022 CBOA Staff Report (4080 Horizon) Construction Board of Appeals
Agenda Report Meeting Date: April 21, 2022
Item Number: 2
DATE: April 11, 2022
FROM: Rodger Maggio, Fire Marshal/Chief Building Official
PREPARED BY: John Mezzapesa, Code Enforcement Officer II
Phone Number: (805) 781-7179
E-mail: jmezzapesa@slocity.org
SUBJECT: CONTINUANCE OF APPEAL OF ADMINISTRATIVE CITATION #25409 FOR
DETEMINATION ON PROHIBITED ACTIVITIES IN CREEK AND CREEK SETBACK
REQUIREMENTS.
SITE DATA
The subject property is located at 4080 Horizon Lane in San Luis Obispo. The surrounding properties
consists of a combination of County unimproved land and manufacturing/service commercial uses.
According to city records the parcel was annexed and incorporated into city limits in 2008 and was
acquired by the current owner in approximately January of 2008.
RECOMMENDATION
Adopt a resolution upholding remaining violations regarding Citation #25409 dated July 15, 2021
issued to Ferris Richard W & Sharliss S Trust.
APPELLANT Warren Ferris
ZONING C/OS-SP
APPEAL
SUBMITTAL
July 23, 2021
GENERAL PLAN Services & Manufacturing
SITE AREA ~3.3 Acres
CODE
VIOLATION(S)
CBC § 105.1 [SLOMC
15.02.010]
CBC § 105.1 [SLOMC
15.02.010]
SLOMC § 12.23.030
SLOMC § 17.70.030
City of San Luis Obispo, Title, Subtitle
DISCUSSION
Summary
On January 4, 2022, the Construction Board of Appeals heard an appeal for administrative citation no.
25409 issued to the property owner of record for 4080 Horizon Lane in San Luis Obispo: Ferris Richard
W & Sharliss S Trust. The original citation cited the following violations:
1. Unpermitted retaining wall. [SLOMC § 15.02.010; CBC § 105.1]
2. Unpermitted storage container building. [SLOMC § 15.02.010; CBC § 105.1]
3. Prohibited activities in creek. [SLOMC § 12.23.030]
4. Unpermitted storage container building. [SLOMC § 17.70.030 (E)]
City staff presented all pertinent facts and evidence associated with the cited violations to the members
of the CBOA. A staff report (Attachment #1) and presentation was provided to the board members at the
time of the January hearing. The previous staff report and the previous presentation by staff are
incorporated by reference.
The Board decided to uphold, in part, the Administrative Citation issued to Appellant; specifically, the
Board upheld the violation of Municipal Code Section 15.02.010 (California Building Code Section
105.1) for an unpermitted retaining wall and the violation of Municipal Code Section 15.02.010
(California Building Code Section 105.1) for an unpermitted alteration and use of storage container
buildings for occupancy.
The Board decided to continue, in part, the hearing and Board decision on the Administrative Citation
issued to Appellant; specifically, the cited violation of Municipal Code Section 12.23.030 (prohibited
activities in a creek) and the cited violation of Municipal Code Section 17.70.030(E) (creek setback
dimensions). The primary concern for the Board was the claim made by Appellant that the waterway in
which the retaining wall system was constructed is a ditch that was arbitrarily re-designated as a creek
at some point in history.
At the hearing on January 4, 2022, the Board was advised that the San Luis Obispo County District
Attorney’s Office was facilitating a meeting to be held on January 19, 2020, with Appellant, the District
Attorney’s Office, the State of California Water Board, State of California Department of Fish and
Wildlife, the United States Army Corps of Engineers and the City to discuss with Appellant a path to
remediation of the creek area within the property as an alternative to litigation by the District Attorney.
The Board decided to continue the hearing on the remaining citations to a date after the January 19,
2022, meeting. While the Board understood the purpose of the January 19, 2022, meeting was not to
debate the lawful designation of the waterway, some Board members felt the January 19, 2022, meeting
might provide some clarity concerning the issues to be addressed by the Board.
City of San Luis Obispo, Title, Subtitle
The meeting took place on January 19, 2022. The District Attorney’s Office, the State agencies and the
U.S. Army Corps of Engineers made clear their position that the waterway on Appellant’s property is a
creek, known as Tank Farm Creek which is a tributary to San Luis Obispo Creek, and that the purpose
of the meeting was to clarify the State’s intent to work with the property owner toward remediation of
violations regarding local and state regulations related to the unlawful channelization of the creek.
Appellant only provided a brief response, continuing to assert that the waterway is a ditch, not a creek.
The meeting was adjourned to provide Appellant time to consider the presentation made by the District
Attorney’s Office and the involved agencies and to schedule a follow up meeting to provide Appellant
the opportunity to present their position and a more detailed response to the District Attorney’s Office
and the involved agencies. While the appellant continued to assert that the subject waterway is a ditch,
not a creek, all involved agencies affirmed their position that the watercourse is a tributary to San Luis
Obispo Creek known as Tank Farm Creek.
As noted previously by the City, Tank Farm Creek lies within a watershed that collects water from the
mountains to the east of the City of San Luis Obispo and flows through numerous channels in a
west/southwest direction eventually draining into San Luis Obispo Creek.
Prior to filling and lining the stream, it possessed the similar morphology and vegetative habitats of the
stream segments immediately upstream and downstream of Appellant’s property, and the habitat related
to that of the neighboring properties. Generally, the stream accommodated flow from a variety of storm
events through a more complex channel with an apparent floodplain and possessed vegetative habitats
suitable for use by numerous species. The creek was converted on Appellant’s property to a concrete-
lined and unvegetated ditch with vertical sides that may have eliminated the on-site value for fish,
wildlife, and plants. The modification to the stream may also result in indirect, off-site impacts.
Regardless of the outcome of any further meetings or, potentially, litigation, between the District
Attorney’s Office, the involved agencies and Appellant, for the Board’s purpose in considering the
citations that were issued, the waterway located on Appellant’s property is a creek under City code.
SLOMC § 12.23.020 (A) provides the following description of regulated areas pertaining to creeks in
San Luis Obispo:
Creeks including San Luis Obispo Creek and its tributaries and any other “Water of the United
States,” as defined in 40 CFR 122.2, including all surface watercourses and waterbodies,
natural waterways and definite channels and depressions in the earth, or such sections or
connections of such waters that have been lined with concrete, covered or channelized in the
past, that may carry water, even though such waterways may only carry water during rains and
storms and may not carry surface water at and during all times and seasons.
This code section includes a broad application for the purposes of determining if a waterway is a
regulated creek area. Regardless of the historical formation of the waterway on Appellant’s property,
the waterway meets the criteria of a regulated creek area per SLOMC § 12.23.020 (A).
Additionally, SLOMC § 17.158.010 provides the following definition in relation to the application of
the city’s zoning regulations:
City of San Luis Obispo, Title, Subtitle
A waterway or portion of waterway designated in the general plan as a creek. A drainage ditch,
concrete swale, underground culvert, or storm drain (as indicated on the general plan) is not a
creek. Creeks located outside the urban reserve line are as designated by the USGS 7.5 Minute
series quadrangle maps or county data
Per SLOMC § 17.158.010, a waterway or portion of a waterway designated in the City’s General Plan
as a creek is a creek. The General Plan is the principal tool the City uses when evaluating municipal
service improvements and land use proposals. Every service the City provides to its citizens, from police
and fire protection to park maintenance, can trace its roots back to goals and policies found in the General
Plan. The General Plan is comprised of eight elements, one of which is the Conservation and Open Space
Element (COSE) which includes a map outlining all creeks and wetlands within the City limits.
The watershed traveling through the subject property has been designated in the City’s General Plan as
a creek since at least 1994, as shown on the figure titled “Creek Map” from the City’s 1994 COSE
(Attachment #2), and as confirmed in subsequent adoption of amendments to the City’s General Plan
such as shown in the figure titled “Creeks and Wetlands Map” from the 2006 COSE (Attachment #3).
As noted,in addition to the City’s determination relating the designation of the waterway as a creek, the
California Department of Fish and Wildlife, the California Water Board and the United States Army
Corps of Engineers have made independent determinations that the waterway is a creek.
The clear designation of the waterway on Appellant’s property as a creek, as described above, requires
compliance with all applicable zoning regulations related to creeks and creek setback, including those
listed in the administrative citation that is the subject of this appeal before the Board.
Next Steps
1. The Board may grant the appeal
2. Continue the action and request staff and/or appellant provide additional information
3. Uphold the violation(s) and deny the appeal
Attachments:
1. Staff Report dated Nov. 16, 2021, presented to the Construction Board of Appeals Nov. 29, 2021
2. 1994 Open Space Element creek map Figure 4
3. 2006 COSE Figure 9
A Construction Board of Appe�a_l_s ___ _-Agenda Report Meeting Date, ll/29/2021
DATE:
FROM:
PREPARED BY:
Item Number: 2
November 16, 2021
Rodger Maggio, Fire Marshal/Chief Building Official
John Mezzapesa, Code Enforcement Officer II
Phone Number: (805) 781-7179
E-mail: jmezzapesa@slocity.org
SUBJECT: APPEAL OF ADMINISTRATIVE CITATION #25409 FOR UNPERMITTED
STORAGE CONTAINERS AND UNPERMITTED RETAINING WALLS IN VIOLATION OF
CREEK SETBACK REQUIREMENTS.
SITE DATA
The subject property is located at 4080 Horizon Lane in San Luis Obispo. The surrounding properties
consists of a combination of County unimproved land and manufacturing/service commercial uses.
According to city records the parcel was annexed and incorporated into city limits in 2008 and was
acquired by the current owner in approximately January of 2008.
APPELLANT
ZONING
APPEAL
SUBMITTAL
GENERAL PLAN
SITE AREA
CODE
VIOLATION(S)
Warren Ferris
C/OS-SP
July 23, 2021
Services & Manufacturing
-3.3 Acres
CBC§ 105.1 [SLOMC
15.02.010)
CBC§ 105.1 [SLOMC
15.02.010)
SLOMC § 12.23.030
SLOMC § 17.70.030
RECOMMENDATION
Adopt a resolution upholding Citation #25409 dated July 15, 2021 issued to Ferris Richard W &
Sharliss S Trust.
ATTACHMENT 1
DISCUSSION
Summary
In early March of 2017, City Code Enforcement staff was contacted by Game Warden Terri Hickey from
the California Department of Fish and Wildlife (CDFW) regarding the unauthorized channelization of
the south fork of San Luis Obispo Creek at 4080 Horizon Lane and the construction of a retaining wall
system within the creek. A subsequent inspection of the property with staff from CDFW, Central Coast
Regional Water Quality Control Board (CCRWQCB), SLO City Code Enforcement and SLO City
Building & Safety was completed on March 9, 2017 (Attachment #1). This inspection confirmed that
the creek has been unlawfully channeled, with substantial alterations to the bed, bank and channel of the
creek, and that an unpermitted retaining wall system was constructed within the required creek setback.
Other violations identified on the property were the use of metal shipping containers as buildings.
A Notice of Violation was issued by CDFW on March 30, 2017, addressing the creek bed alterations
and related Fish and Game Code violations. Although the property owner asserts that the channeled
portion of the creek is a "drainage ditch," the Notice of Violation issued by CDFW confirms that the
channelized section on appellant's property is a creek (a tributary to San Luis Obispo Creek) and the
channelization constitutes "modification of an approximately 360-foot segment of a tributary to San Luis
Obispo Creek located at 4080 Horizon Lane in the City of San Luis Obispo." (Attachment #2). The
waterway's status as a creek is also confirmed in the City's Conservation and Open Space Element,
Figure 9 (Attachment #20). 1
SLO City Code Enforcement issued a Notice of Violation (NOV) on April 10, 2017, for the unpermitted
construction of the observed retaining walls within a creek setback and the unpermitted construction of
a building utilizing metal shipping containers (Attachment #3). The specific violations noted in the April
10, 2017 NOV are:
1.The construction of retaining walls to create a channel directing creek flow that were completed
without approval or permits. [SLOMC § 15.02.010; California Building Code (CBC)§ 105.1]
2.Metal storage containers have been stacked to create a two-level structure. The structure
appears to be utilized as a working space. The stacking of the storage containers requires a
building permit. [SLOMC § 15.02.010; CBC§ 105.1].
3.Lighting and mechanical equipment was observed in multiple units. [SLOMC § 15.02.010;
CBC 105.1].
4.The construction ofretaining walls was completed within a creek area. [SLOMC § 12.23.030]
5.The afore mentioned retaining walls, multiple storage containers, vehicles and other equipment
have been placed within the 20-foot creek setback area. [SLOMC § 17.16.025].
1 Creek set back requirements apply to "all creeks as defined in the open space element and shown on that element's
creek map, and only to those creeks." SLOMC 17.70.030 B., formerly, SLOMC 17.16.025 B.
CityofSanLuisObispo,Title,Subtitle
The April 10, 2017, NOV provided a compliance deadline of May 10, 2017. To date, none of the noticed
violations have been corrected.
From 2018 to present, enforcement activity to correct the noticed violations was limited as the City was
in discussions with the County District Attorney’s office regarding possible prosecution or resolution of
the Fish and Wildlife Code violations cited by the CDFW. Additionally, due to the COVID-19 health
crisis and the shift to provide outreach and education to the community, many code enforcement
processes and citations within the City were delayed or temporarily placed on hold. In further discussions
with the State, they may still proceed with enforcement for violations of the Fish and Wildlife Code but,
regardless of potential State actions, the City determined to go forward with enforcement for City code
violations.
In late June of 2020, San Luis Obispo City Fire Department responded to a call regarding a fire within a
metal shipping container at the subject property. Fire reports indicate that at least one of the shipping
containers showed evidence that it was in use as a sleeping/living space and/or workspace (Attachment
28). The use of the shipping container was unable to be determined, however, the fire investigation
prompted follow up inspection and enforcement of existing violations. In July of 2021, Code
Enforcement Staff revisited the violations associated with the subject property and determined that no
corrections of violations or submittal of any request for permits or exceptions had occurred.
Based on the continued violations of the California Building Code and SLO Municipal Code, a further
NOV, and Administrative Citation No. 25409 (Attachment #29) for $400.00, were issued on July 15,
2021.Since issuance of the citation, a clerical error has been noted on the Administrative Citation. The
fourth violation of SLOMC § 17.70.030 (E) is listed on the citation with a description of “Unpermitted
storage container building” while it should be listed as “Creek Setback Dimensions” consistent with the
Notice of Violation that accompanied the citation and with the applicable code section). The violations
cited in Administrative Citation No. 25409 are:
1. Unpermitted retaining wall. [SLOMC § 15.02.010; CBC § 105.1]
2. Unpermitted storage container building. [SLOMC § 15.02.010; CBC § 105.1]
3. Prohibited activities in creek. [SLOMC § 12.23.030]
4. Unpermitted storage container building. [SLOMC § 17.70.030 (E)
Unpermitted Retaining Walls within Creek
During the inspection on March 9, 2017, an unauthorized channelization via construction of a retaining
wall system was observed to have been completed within the south fork of San Luis Obispo Creek
running through the subject property. The retaining wall system was constructed of stacked interlocking
type retaining wall blocks with no apparent concrete footing or rebar support systems. The structure was
one continuous wall with a drainage culvert pipe extending through the wall at each end of the property.
The height of the wall varied with a maximum height of approximately 10 feet.
CityofSanLuisObispo,Title,Subtitle
The 2019 California Building Code, as adopted, states that “Any owner or authorized agent who intends
to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure,
or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or
plumbing system, the installation of which is regulated by this code, or to cause any such work to be
done, shall first make application to the building official and obtain the required permit.” (Attachment
10). The same code section continues to describe a number of scenarios is which certain scopes of work
are considered exempt from obtaining a permit. One such exemption is described as “Retaining walls
that are not over 4 feet (1219mm) in height measured from the bottom of the footing to the top of the
wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.” (Attachment #10)
The construction of the observed retaining walls require the submission of an application and associated
plans to obtain a building permit. If the property owner were to choose to alter the observed retaining
walls to lower them to a height not to stand over 4 feet, a permit would also be required to verify the
necessary alterations were completed.
The location of the retaining wall system proves problematic as it was constructed within a regulated
creek area in violation of both the City’s Creek Regulations (Attachment #14) and zoning regulations
for creek setbacks (Attachment #15). The construction of the retaining wall system was also found in
violation of California Fish and Game Code by the CA Department of Fish and Wildlife.
As a result of the violations cited by the City and the CA Department of Fish and Wildlife, it is unlikely
that the structure will be allowed to remain in its current location. If the property owner wishes to
maintain the current location of the retaining wall system, they may pursue options that will most likely
require several exceptions and permits. No pursuits have been documented thus far.
An analysis of historical documents within the city and county found no approved or issued building
permits for the installation of walls or piping to direct creek flow. The only approval on file is a that of
a land use permit issued by the county which authorizes a storage yard on site.
A county planning approval was discovered dated December 23, 2002, with a description shown as
Open Drainage Ditch To Culvert” (Attachment #16) When contacted, county officials describe the
county permit” as a land use permit application for a storage yard, not a drainage ditch (Attachment
17). The applicant, at the time, called the drainage course a "ditch" on the application (Attachment #18).
The County did not make a determination whether the drainage course was a creek or ditch. There are
no approvals on record allowing any industrial units to be constructed with any form of modified creek
setback.
The watershed located on the subject property is a blue line creek that meets the City’s definition of a
creek found in SLOMC § 17.158.010 (Attachment #31). This definition is:
A waterway or portion of waterway designated in the general plan as a creek. A drainage ditch,
concrete swale, underground culvert, or storm drain (as indicated on the general plan) is not a
creek. Creeks located outside the urban reserve line are as designated by the USGS 7.5 Minute
series quadrangle maps or county data
CityofSanLuisObispo,Title,Subtitle
The watershed traveling through the property clearly was considered a creek as early as 1994, as shown
on the creek map from the City’s 1994 Conservation and Open Space Element (COSE) (Attachment
19) and creeks and wetlands map from the 2006 COSE (Attachment #20). The creek is not manmade
and appears on aerial photos prior to current ownership of the subject property as shown on the attached
photo dated 1996 (Attachment #21).
The City considered the subject area a creek at the General Plan level (COSE 2006) at the time the
subject property was annexed into the City. In addition to the creek channelization, it appears that
wetlands were filled sometime between 2000 and 2004, and further grading and filling occurred between
2011 and 2014. Please refer to attached timeline (Attachment #24) and aerial photos (Attachment #21)
for reference including pertinent historical City policy and land use actions related to the waterway’s
designation as a creek.
In addition to the city’s determination relating the designation of the waterway, the CA Department of
Fish and Wildlife has determined that the waterway is a creek. An email with this determination was
provided from the CDFW in May of 2017 (Attachment #32).
The annexation of land from the County allowed for historical use of the property to continue until
changes are made in how the property is used or if new construction occurs. No permits or approvals
were issued by the County or the City for the construction of the current retaining wall within the creek
channel.
While preliminary submittals show that the Avila Ranch Development proposed a realignment of the
creek, the plans for the development have been altered and no longer include a redirection of the creek.
Creek setback regulations have been in place since 1996 (please refer to attached “Ordinance 1302”
Attachment #22)). City Zoning Regulations Chapter 17.16 Property Development Standards, Section
17.16.025 Creek Setbacks was adopted by the City Council on December 21, 1997. The creek setback
identified in these regulations is 20 feet for the property in question. Please refer to Zoning Regulations
Section 17.16.025.E. Creek Setback Dimensions (Attachment #23). A recent update to the zoning
regulations changed this code section from 17.16.025.E to 17.70.030.E without any significant changes
to the regulations (Attachment #15).
Use of Shipping Containers as Buildings
During the inspection on March 9, 2017, numerous shipping containers were observed to be stored on
site. While a majority of the containers could be considered as stored items in compliance with a use of
the property as a storage yard, approximately 10 containers stored on the Southeast portion of the
property appeared to be in process of modification. These containers were stacked two high and five
across, each one approximately 40 feet long and 8 feet wide, with a square footage of approximately 320
sq feet. The connection of these containers has created a building with a roof area of approximately 1,600
square feet and a potential total area of 3,200 square feet. An exterior stairway leading to the second
story container has been constructed along the side of the structure leading to an exterior doorway that
has been cut into the side of a second story container. Aerial footage of the property collected by San
Luis Obispo Police in November of 2019 confirmed the existence of the stairway (Attachment #4).
CityofSanLuisObispo,Title,Subtitle
Additionally, doorways were observed to be cut between the second level storage containers joining
them as one space (Attachment #5). A letter received from the property owner confirmed the intended
use and creation of a building utilizing these storage containers as a storage occupancy (Attachment #6,
Page 8).
In late June of 2020 San Luis Obispo City Fire Department responded to a call regarding a fire within a
metal shipping container at the subject property. Fire reports indicate that at least one of the shipping
containers showed evidence that it was in use as a sleeping/living space and/or workspace (Attachment
28). The use of the shipping container was unable to be determined, however, the fire investigation
prompted follow up inspection and enforcement of existing violations.
The 2019 California Building Code and the 2019 California Residential Code define a building as
Any structure utilized or intended for supporting or sheltering any occupancy” (Attachment #7). Storage
occupancy, according to the code, can be “… the use of a building or structure, or a portion thereof, for
storage that is not classified as a hazardous occupancy.” (Attachment #8)
The City’s adopted codes 15.02.010 (Attachment #9) include the California Residential Code and
California Building Code. Both state that “Any owner or authorized agent who intend to construct,
enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect,
install, enlarge, alter, repair, remove, convert or replace any electrical, gas such work to be done, shall
first make application to the building official and obtain the required permit.” (Attachment #10)
In 2019, the City adopted Ordinance 1670 which amended title 15 of the Municipal Code and the latest
edition of the of the California Building Standards Codes. (Attachment #11). The ordinance, through
San Luis Obispo Municipal Code § 15.04.020, amended Chapter 1, Division II, Section 102.1 of the CA
Building Code for applicability to the use of shipping containers. (Attachment #12)
As described in CA Building Code § 104.1 (Attachment #13), the building official has the authority to
render interpretations of the intent and purpose of the CA Building Code. As interpreted by the building
official, shipping or storage containers with a floor area over 120 square feet are considered structures
and fall under the City’s adopted codes. Further, the containers are not categorized as work exempt from
obtaining a permit. (Attachment #10)
Enforcement Activity
As noted, in early March of 2017 Code Enforcement staff was contacted by Game Warden Terri Hickey
from California Department of Fish and Wildlife (CDFW) regarding the unauthorized channelization of
the south fork of San Luis Obispo Creek at 4080 Horizon Lane and the construction of a retaining wall
system within the creek. A subsequent inspection with staff from CDFW, Central Coast Regional Water
Quality Control Board (CCRWQCB), SLO City Code Enforcement and SLO City Building & Safety
was completed on March 9, 2017 (Attachment #1). An additional inspection report was generated by
CCRWQCB staff (Attachment #25). The CCRWQCB initially stated they would be moving forward
with a Notice of Violation but in August of 2017 notified city staff that they would not be moving forward
with enforcement due to staff time constraints (Attachment #33).
The aforementioned violations were identified, and a Notice of Violation (NOV) (Attachment #3) was
issued to the property owner on April 10, 2017. Code Enforcement Staff received a response letter from
CityofSanLuisObispo,Title,Subtitle
the property owner on May 3, 2017(Attachment #26), which was outside of the five-day period required
for acceptance of a Request for Director’s Review. In the spirit of fairness, the letter was processed as if
the Request for Director’s Review was received in a timely manner. A determination and response was
provided to the property owner on September 12, 2018 (Attachment #27). Our department received an
additional letter from the property owner in response to the Director’s Decision on October 31, 2018.
No response was given by the City as the property owner had exhausted all appeal options at the time.
As noted, from 2018 to present, enforcement activity to correct the noticed violations was limited as the
City was notified that the CDFW case had been forwarded to the District Attorney’s Office in May of
2019 (Attachment #34). As a result, the city was in discussions with the County District Attorney’s office
regarding possible prosecution or resolution of the Fish and Wildlife Code violations cited by the CDFW.
Additionally, due to the COVID-19 health crisis and the shift to provide outreach and education to the
community, many code enforcement processes and citations within the City were delayed or temporarily
placed on hold. In further discussions with the State, they may still proceed with enforcement for
violations of the Fish and Wildlife Code but, regardless of potential State actions, the City determined
to go forward with enforcement for City code violations.
In late June of 2020 San Luis Obispo City Fire Department responded to a call regarding a fire within a
metal shipping container at the subject property. Fire reports indicate that at least one of the shipping
containers showed evidence that it was in use as a sleeping/living space and/or workspace (Attachment
28). The use of the shipping container was unable to be determined, however, the fire investigation
prompted follow up inspection and enforcement of existing violations.
In July of 2021 Code Enforcement Staff revisited the violations associated with the subject property and
determined that no corrections of violations or submittal of any request for permits or exceptions had
occurred.
Based on the continued violations of the California Building Code and SLO Municipal Code, a further
NOV and Administrative Citation No. 25409 (Attachment #29) for $400.00 were issued on July 15, 2021
since issuance of the citation, a clerical error has been noted on the Administrative Citation. The fourth
violation of SLOMC 17.70.030 (E) is listed on the citation with a description of “Unpermitted storage
container building” while it should be listed as “Creek Setback Dimensions” consistent with the Notice
of Violation that accompanied the citation and with the applicable code section).
An appeal for administrative citation no. 25409 was received by the City Attorney’s office on July 23,
2021 (Attachment #30). This appeal was submitted for consideration of the citation issued for violations
of CBC § 105.1 (adopted through SLOMC 15.02.010), SLOMC § 12.23.030 and SLOMC § 17.70.030.
Next Steps
1. The Board may grant the appeal
2. Continue the action and request staff and/or appellant provide additional information
3. Uphold the violation(s) and deny the appeal.
CityofSanLuisObispo,Title,Subtitle
Attachments:
1. March 9, 2017 Inspection record
2. March 30, 2017 Dept of Fish and Wildlife Notice of Violation
3. April 10, 2017 SLO City Notice of Violation
4. SLO Police Drone footage November, 2019
5. March 9, 2017 Inspection photos: doorways in storage structure
6. October 31, 2018 Response letter from property owner
7. CA Building Code Definitions
8. CA Building Code § 311
9. San Luis Obispo Municipal Code § 15.02.010
10. CA Building Code § 105.1
11. San Luis Obispo City Ordinance #1670
12. San Luis Obispo Municipal Code § 15.04.020
13. CA Building Code § 104.1
14. San Luis Obispo Municipal Code § 12.23
15. San Luis Obispo Municipal Code § 17.70.030
16. Permit records from SLO County
17. May 17, 2017 Email with SLO County planner
18. County Land Use Application and Permit
19. 1994 Open Space Element creek map Figure 4
20. 2006 COSE Figure 9
21. Horizon Lane Area photo timelapse 1996-2014
22. Ordinance 1302 – Creek Setback regulations
23. San Luis Obispo Municipal Code § 17.16.025
24. Historical event timeline
25. March 9, 2017 Water Board inspection record
26. May 3, 2017 Request for Director’s Review
27. September 12, 2018 Director’s Decision
28. June 29. 2020 SLO City Fire Department Incident Report
29. July 15, 2021 First Administrative Citation
30. July 23, 2021 Administrative Citation Appeal
31. San Luis Obispo Municipal Code § 17.158.010
32. May 9, 2017 Email from Dept of Fish and Wildlife
33. Emails with CCRWQCB
34. May 9, 2019 Email from Dept of Fish and Wildlife
ATTACHMENT 2
1994 Open
Space Element
“Creek Map”
Figure 4
ATTACHMENT 2
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TANK FARM
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HIGUERAJ
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UNA LAKE
Figure 9:Creeks and Wetlands
0.5 0 0.5 10.25 Miles
City Limit
Riparian Habitats
Wetland Habitats
Creeks
Perennial creek with good riparian corridor
Intermittent creek with good riparian corridor
Perennial creek with degraded corridor but able to be restored or repaired
Intermittent creek with degraded corridor but able to be restored or repaired
Perennial creek with degraded corridor, high encroachment, and difficulty in restoring
Waterways
Drainage ditch
Open concrete swale or channel
Underground culvert or major bridge
ATTACHMENT 3