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HomeMy WebLinkAbout03-27-2024 ARB Agenda Packet Administrative Review Board AGENDA Wednesday, March 27, 2024, 3:30 p.m. Council Hearing Room, 990 Palm Street, San Luis Obispo SPECIAL MEETING OF THE ADMINISTRATIVE REVIEW BOARD The Administrative Review Board holds in-person meetings. Zoom participation will not be supported at this time. INSTRUCTIONS FOR PUBLIC COMMENT: Public Comment prior to the meeting (must be received 3 hours in advance of the meeting): Mail - Delivered by the U.S. Postal Service. Address letters to the City Clerk's Office at 990 Palm Street, San Luis Obispo, California, 93401. Email - Submit Public Comments via email to advisorybodies@slocity.org. In the body of your email, please include the date of the meeting and the item number (if applicable). Emails will not be read aloud during the meeting. Voicemail - Call (805) 781-7164 and leave a voicemail. Please state and spell your name, the agenda item number you are calling about, and leave your comment. Verbal comments must be limited to 3 minutes. All voicemails will be forwarded to the members and saved as Agenda Correspondence. Voicemails will not be played during the meeting. *All correspondence will be archived and distributed to members, however, submissions received after the deadline may not be processed until the following day. Public Comment during the meeting: Meetings are held in-person. To provide public comment during the meeting, you must be present at the meeting location. Electronic Visual Aid Presentation. To conform with the City's Network Access and Use Policy, Chapter 1.3.8 of the Council Policies & Procedures Manual, members of the public who desire to utilize electronic visual aids to supplement their oral presentation are encouraged to provide display-ready material to the City Clerk by 12:00 p.m. on the day of the meeting. Contact the City Clerk's Office at cityclerk@slocity.org or (805) 781-7114. Pages 1.CALL TO ORDER Chair Karlin will call the Special Meeting of the Administrative Review Board to order. 2.CONSENT Matters appearing on the Consent Calendar are expected to be non- controversial and will be acted upon at one time. A member of the public may request the Administrative Review Board to pull an item for discussion. The public may comment on any and all items on the Consent Agenda within the three-minute time limit. 2.a CONSIDERATION OF MINUTES - MARCH 6, 2024 ADMINISTRATIVE REVIEW BOARD MEETING 5 Consideration of the minutes of the Administrative Review Board meeting of March 6, 2024. Recommendation: Approve the Administrative Review Board Minutes of March 6, 2024. 3.BUSINESS ITEMS 3.a Administrative Citation Appeal 7 Review and decide on the appeal submitted by appellant Alex McLachlan who was charged as the owner of the property at 657 Howard Street for Community Development Department issued Administrative Citation #00034623. 4.APPEALS Any decision of the Administrative Review Board is final unless appealed to the Superior Court. Filing for de novo review must happen within 20 days of the Board's decision pursuant to California Government Code Section 53069.4. To challenge the decision by writ, please refer to California Code of Civil Procedure Section 1094.5 or consult an attorney. 5.ADJOURNMENT The next Special Meeting of the Administrative Review Board is scheduled for April 17, 2024 at 3:30 p.m. in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo. LISTENING ASSISTIVE DEVICES are available -- see the Clerk The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7114 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7410. Agenda related writings or documents provided to the Administrative Review Board are available for public inspection on the City’s website: https://www.slocity.org/government/mayor-and-city-council/agendas-and- minutes. Meeting video recordings can be found on the City’s website: https://opengov.slocity.org/WebLink/Browse.aspx?id=61073 Page 4 of 111 1 Administrative Review Board Minutes March 6, 2024, 3:30 p.m. Council Hearing Room, 990 Palm Street, San Luis Obispo Administrative Review Board Members Present: Member Myles Couch, Chair Alex Karlin, Vice Chair Linda Mielke City Staff Present: Temporary Assistant City Attorney Mark Amberg, Senior Legal Analyst Kelly White _____________________________________________________________________ 1. CALL TO ORDER A Special Meeting of the San Luis Obispo Administrative Review Board was called to order on March 6, 2024 at 3:30 p.m. in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo, by Acting-Chair Karlin. 2. OATH OF OFFICE City Clerk Teresa Purrington administered the Oath of Office to Linda Mielke and Myles Couch, who were appointed to the Administrative Review Board on April 1, 2023. As the Board meets on an as-needed basis, a meeting has not been held since their terms began. 3. ELECTION OF CHAIR AND VICE CHAIR The Administrative Review Board elected the following Members to the position of Chair and Vice Chair for a one-year term:  Chair Alex Karlin  Vice Chair Linda Mielke 4. CONSENT Motioned by Chair Karlin Second by Vice Chair Mielke Motion carried. Page 5 of 111 2 To approve Consent Item 4a. 4.a CONSIDERATION OF MINUTES - MARCH 4, 2021 ADMINISTRATIVE REVIEW BOARD MINUTES Approved the Administrative Review Board Minutes of March 4, 2021. 5. BUSINESS ITEMS 5.a ORIENTATION AND TRAINING The Board Counsel introduced himself and then proceeded to review, with the Board, the materials posted in the staff report as well as Section 1.24 of the City Municipal Code, California Government Code Section 87100, and the Brown Act. 6. APPEALS Any decision of the Administrative Review Board is final unless appealed to the Superior Court. Filing for de novo review must happen within 20 days of the Board's decision pursuant to California Government Code Section 53069.4. To challenge the decision by writ, please refer to California Code of Civil Procedure Section 1094.5 or consult an attorney. 7. ADJOURNMENT The meeting was adjourned at 4:34 p.m. The next Special Meeting of the Administrative Review Board is scheduled for March 27, 2024 at 3:30 p.m. in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo. _________________________ APPROVED BY ADMINISTRATIVE REVIEW BOARD: XX/XX/202X Page 6 of 111 Meeting Date: March 27, 2024 Item Number: 3A 2X1 ADMINISTRATIVE REVIEW BOARD AGENDA REPORT SUBJECT: Appeal of Administrative Citation for Setback Violation. PROJECT ADDRESS: 657 and 659 Howard St. BY: Nick Buckley, Code Enforcement Officer Phone Number: (805) 783-7872 E-mail: nbuckley@slocity.org FROM: John Mezzapesa, Code Enforcement Supervisor RECOMMENDATION: Uphold the Administrative Citation for violations of setback requirements. SITE DATA SUMMARY On December 15, 2022, Code Enforcement staff received a request for field investigation alleging multiple land use and/or building code violations at on parcel number 001-122-017. Addresses associated with this parcel are 657 Howard and 659 Howard. Staff requested an inspection of the property; initially, the property owner agreed to an inspection. (See Attachment D.) However, the property owner stated that staff may conduct the inspection from the street. A Notice of Violation was issued on January 20, 2023, citing multiple land use violations. Fencing located on the southern property boundary was found in violation of city fence heigh regulations, San Luis Obispo Municipal Code (“SLOMC”) 17.70.070[C]. Sheds were observed within the required side setback of the property in violation of city zoning regulations, SLOMC 17.18.020[B]. A shipping container was observed in the driveway in violation of city screening regulations, SLOMC Appellant Alex McLachlan, Property Owner Zoning R-2 Appeal Submittal February 8, 2024 General Plan N/A Site Area ~.145 Acres Code Violation SLO Municipal Code §17.18.020[B] Page 7 of 111 Item 3A 17.76.100[4b]. The property owner failed to correct the violations by the date stated in the Notice. An Administrative Citation was issued on March 23, 2023. The Notice of Violation issued on January 20, 2023, and the Administrative Citation issued on March 23, 2023, were rescinded on March 30, 2023, by John Mezzapesa (Code Enforcement Supervisor) as a result of a meeting at the front counter with the property owner. Staff issued a new Notice of Violation on March 30, 2023, citing the same code violations as the previous Notice of Violation. The property owner failed to correct the setback violations by the date stated in the subsequent Notice of Violation, so staff issued Administrative Citations beginning July 11, 2023. The first three Administrative Citations, issued over the course of July 11, 2023, through October 31, 2023, were not contested or appealed by the property owner. The Fourth Administrative Citation , issued on February 2, 2024, was appealed on February 8, 2024. (Attachment S.)1 The Notice of Hearing was sent to the property owner by the City Attorney’s Office on March 7, 2024 (Attachment T.) 1.0 BOARD’S PURVIEW The role of the Administrative Review Board is to either uphold or revoke the administrative citation based upon a conclusion of whether the violation occurred. (SLOMC 1.24.130.) 2.0 PROJECT INFORMATION 2.1 Site Information/Setting Site Size ~.145 Acres Present Use & Development R-2 (Medium density residential) Access Howard St Surrounding Use/Zoning North: R-2 (Medium density residential) South: R-2 (Medium density residential) East: R-2 (Medium density residential) West: R-2 (Medium density residential) United States Highway 101 North 2.2 Background December 12, 2022 Staff conducted an inspection at the neighboring property 667 Howard St in response to grading and drainage concerns. Staff’s inspection occurred with permission and cooperation from the property owner of 667 Howard Street. Photos taken from the backyard of 667 Howard Street also depict property conditions at 657 Howard Street (Attachment A). December 14, 2022 Staff conducted another inspection at 667 Howard St to further evaluate the drainage concerns and 1 While property owner’s appeal form included all four administrative citation numbers, the appeal is timely only as to Administrative Citation #0034623, issued February 2, 2024. Administration Citations #00032584, 0032844, and 0033725 are deemed final. (SLOMC 1.24.100(A).) Page 8 of 111 Item 3A confirm drainage controls were installed. Photos taken from the backyard of 667 Howard Street also depict property conditions at 657 Howard Street (Attachment B). December 15, 2022 Reporting party came to the Community Development Department (CDD) counter to submit a complaint citing multiple alleged violations (Attachment C). December 20, 2022 Staff sent an email to property owner, Alex Mclachlan, requesting a site inspection (Attachment D). January 9, 2023 Staff received an email from the property owner stating, among other things, that he was advised by his counsel to inform staff to conduct any inspections from the street (Attachment E). January 19, 2023 Staff confirmed from the public right of way, three violations of the San Luis Obispo Municipal Code occurring on the property located at 657 Howard Street, including those that were viewable from the backyard of 667 Howard Street during the previous inspections thereof. January 20, 2023 Staff sent a Notice of Violation to the property owner via certified and first-class mail. The Notice of Violation cited violations of the following code sections: SLOMC 17.70.070[C], SLOMC 17.18.020[B], and SLOMC 17.76.10[4b] (Attachment F). The Notice apprised property owner of their right to request a Director’s Review. February 28, 2023 Staff conducted a follow up inspection from the public right of way and confirmed the property was still in violation of the municipal code sections cited in the Notice of Violation sent on January 20, 2023 (Attachment G). March 23, 2023 Staff conducted a follow up inspection from the public right of way and confirmed the property was still in violation of the municipal code sections cited in the Notice of Violation sent on January 20, 2023 (Attachment H). An Administrative Citation was drafted and sent via certified and first-class mail (Attachment I). March 28, 2023 Property owner came to the front counter with the Administrative Citation and stated he did not receive a Notice of Violation and wanted to speak with Code Enforcement Supervisor, John Mezzapesa. March 30, 2023 John Mezzapesa met with the property owner at the front counter of CDD to discuss the violations and notice/citation. The property owner stated he was unaware of the violations until he received the Administrative Citation. The property owner also suggested that he was willing to comply with municipal code and requested the Notice of Violation dated January 20, 2023, and the Administrative Citation dated March 23, 2023, be rescinded, and voided. John Mezzapesa agreed but advised property owner that he would be issued a new Notice of Violation, with an extended compliance Page 9 of 111 Item 3A date of 90 days after issuance. Staff sent a Notice of Violation dated March 30, 2023, certified and first-class mail addressed to “Alex Mclachlan, 657 Howard Street, San Luis Obispo, CA 93401.” The Notice cited the same three violations of the municipal code as the previous Notice of Violation. Compliance date set for June 30, 2023 (Attachment J). May 1, 2023 Certified mail tag, acknowledging receipt of the Notice of Violation by property owner, is received by staff (Attachment K). June 29, 2023 Staff met with property owner at the CDD counter and discussed the violations. Property owner stated he believed that the fence height violation and visible storage violation were corrected. He also stated that he would not be moving the sheds out of the setback area and would appeal any citations that he received. July 5, 2023 Staff conducted an inspection and confirmed that fence height had been reduced and a swing gate was installed to screen the visible storage. Per Code Enforcement Supervisor, John Mezzapesa, it was determined that the violations for fence height and visible storage were sufficiently resolved. However, the setback violation remained (Attachment L). July 11, 2023 First Administrative Citation sent by certified and regular first-class mail, to the same address as was sent and which received the Notice of Violation. The Administrative Citation cited a violation of SLOMC 17.18.020[B] (Attachment M). August 2, 2023 Second Administrative Citation sent certified and regular first-class mail, to the same address as was sent and which received the Notice of Violation. The Administrative Citation cited a violation of SLOMC 17.18.020[B] (Attachment N). October 31, 2023 Certified copy of the second Administrative Citation was returned as unclaimed. The copy of the second Administrative Citation sent by regular first-class mail has not been returned to the City. October 31, 2023 Third Administrative Citation sent by regular first-class mail and certified mail, to the same address as was sent and which received the Notice of Violation. (Attachment O). Staff also posted the third Administrative Citation at the residence with copies of the Notice of Violation, first Administrative Citation, and second Administrative Citation attached (Attachment P). The Administrative Citation cited SLOMC 17.18.020[B]. December 21, 2023 Email was received by Code Enforcement Supervisor John Mezzapesa from the property owner in response to the third Administrative Citation. The property owner disputed the method of service for the first and second Administrative Citation. John Mezzapesa informed the property owner that the Administrative Citations were served in compliance with Chapter 1.24 of the San Luis Obispo City Municipal Code and the Administrative Citation Guidelines (Attachment Q). Page 10 of 111 Item 3A February 2, 2024 Fourth Administrative Citation was posted on site and sent certified and regular first-class mail, to the same address as was sent and which received the Notice of Violation. The Administrative Citation imposed daily fines in the amount of $1,000 per day for violations of SLOMC 17.18.020B existing on the dates of January 15th through January 30th. Staff mistakenly dated the Administrative Citation “January 15 - 30, 2023”; it should have been dated January 15 – 30, 2024 (Attachment R). February 8, 2023 Staff was informed by the City Attorney’s office that the property owner submitted an appeal of the Administrative Citation, to be heard by the Administrative Review Board. (Attachment S.) February 12, 2024 The fourth Administrative Citation was signed and returned. (See Attachment R.) 2.3 Appeal In the Administrative Citation Appeal Form, the property owner/appellant refuted the legitimacy of the Administrative Citation for multiple reasons, including staff’s alleged “fail[ure] to properly serve or notify property owner.” Of appellant’s seven stated reasons for appeal, none appear to dispute the presence of structures within the property setback area. Appellant has not provided staff with proof of correction of the violation. 3.0 APPEAL EVALUATION The sole remaining violation at issue in this appeal is property owner’s placement of structures within the rear and side and property setbacks, in violation of SLOMC 17.18.020(B). 3.1 Consistency with Zoning Regulations The property in question is zoned as medium density residential (R-2). The side and rear property line setback requirements for properties located in R-2 zoning is five feet. The sheds are located within the five-foot setback area along the southern property line. While San Luis Obispo Municipal Code sections 17.70.170 (C) and (D)(1) provide a number of exceptions to the setback requirements, including a list of allowed projections into the required setback, the contested structures within property owner’s setback area do not fall into any of those categories, and staff has found no record of property owner applying for or obtaining a discretionary exception per SLOMC 17.70.170(D)(2). SLOMC 17.18.020B – Interior Side and Rear Setback Standards. The interior side and rear setback standards for the R-2 zone shall be as set forth in Table 2-7: R-2 Zone Minimum Interior Side and Rear Setbacks. See also Figure 2-4: R-2 Zone Minimum Interior Side and Rear Setbacks and Building Height. Page 11 of 111 Item 3A Page 12 of 111 Item 3A 4.0 CONCLUSION In December of 2022, staff received a complaint citing multiple potential code violations at 657 Howard. An investigation was initiated, and inspections were completed from the public right of way. In January of 2023, a Notice of Violation was sent to the property owner, and in March of 2023, an Administrative Citation was issued after the owner failed to correct the violations. The Notice of Violation and Administrative Citation were rescinded by the Code Enforcement Supervisor as a result of a meeting with the property owner. A new Notice of Violation was sent to the property owner on March 30, 2023, with a 90-day deadline as requested by the property owner. The property owner assured code enforcement staff that the violations would be corrected within the 90-day deadline. Two of the code violations cited on the Notice of Violation were deemed to be corrected prior to the 90-day deadline. However, the violation of setback requirements persisted. Staff continued to conduct inspections from the public right of way and sent multiple Administrative Citations to the property owner via certified and regular first-class mail service, the most recent being February 2, 2024. To date, Code Enforcement staff has not received evidence that the violation has been resolved. 5.0 ATTACHMENTS A. Inspection photos 12/12/22 B. Inspection photos 12/14/22 C. Initial request for investigation D. Email to property owner 12/20/22 E. Email to property owner 1/9/23 F. Notice of Violation 1/20/23 G. Inspection photos 2/28/23 H. Inspection photos 3/23/23 I. Admin Citation 3/23/23 J. Notice of Violation 3/30/23 K. Certified receipt 5/1/23 L. Inspection photos 7/5/23 M. Administrative Citation 7/11/23 N. Administrative Citation 8/2/23 O. Administrative Citation 10/31/23 P. Photos of Administrative Citation posting 10/31/23 Q. Email with property owner 12/21/23 R. Administrative Citation 2/2/24 S. Administrative Citation Appeal Form 2/8/24 T. Notice of Hearing 3/7/24 [SUBJECT TITLE, IN ALL CAPS, NO BOLDING] Page 13 of 111 Page 14 of 111 ATTACHMENT A Page 15 of 111 ATTACHMENT A Page 16 of 111 ATTAC MENTATTACHMENT A Page 17 of 111 ATTACHMENT A Page 18 of 111 Page 19 of 111 ATTACHMENT A Page 20 of 111 Page 21 of 111 ATTACHMENT A Page 22 of 111 ATTACHMENT A Page 23 of 111 Page 24 of 111 ATTACHMENT B Page 25 of 111 ATTACHMENT B Page 26 of 111 ATTACHMENT B Page 27 of 111 ATTACHMENT B Page 28 of 111 ATTACHMENT C Page 29 of 111 Page 30 of 111 1 Buckley, Nick From:Alex Mclachlan <> Sent:Wednesday, December 21, 2022 11:16 AM To:Buckley, Nick Subject:Re: 667 howard st. nick, you are absolutely right. while i was out of state, the neighbor received a letter from my attorney. in what i can only describe as an act of anger, the neighbor cut a number of swaths out of the shared hedge. i had to pay to have debris cleaned up in my yard. i have set a “temporary" construction barrier until there is a new fence in place. this is the same technique used by plasters on multi -story stucco placement. it will be removed upon the completion of the neighbors fence. to date, i have had steel mesh fencing removed that was on my property. none of the t-stakes or any of the fencing have been saved. all materials disposed without permission. i have depended on that fencing to contain my dogs, in my yard. i don’t want a confrontation the with neighbor. i want his project to be properly permitted, inspected and completed. upon completion i can have the pros come and reestablish vegetation to cover up the fence. anything else i can do to comply and make your job easier, let me know. thank you, alex mclachlan ATTACHMENT D Page 31 of 111 2 On Dec 21, 2022, at 9:21 AM, Buckley, Nick <nbuckley@slocity.org> wrote: Greetings Alex, I appreciate your willingness to be proactive. There is one thing that you could address prior to the inspection, which is the fence. Judging from our previous conversations, I understand that you are familiar with the fence height regulations. Currently the fence that is on your property is over 6 feet tall and is a violation San Luis Obispo Municipal Code. I would prefer to conduct an inspection prior to discussing any other alleged violations. Sincerely, Nick Buckley Code Enforcement Officer <image001.png> Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 E nbuckley@slocity.org T 805.783.7872 slocity.org ATTACHMENT D Page 32 of 111 3 <image002.png><image003.png><image004.png> Stay connected with the City by signing up for e-notifications From: Alex Mclachlan < Sent: Wednesday, December 21, 2022 9:01 AM To: Buckley, Nick <nbuckley@slocity.org> Subject: Re: 667 howard st. Thanks Nick, i was going to stop by and ask what codes are in contest. hoping that i might be able to work on coming into compliance before your return to the now "infamous Howard st"..lol can you share with me the item(s)? alex mclachlan On Dec 21, 2022, at 8:23 AM, Buckley, Nick <nbuckley@slocity.org> wrote: The Complaint was filed last week. The inspection will have to be after the first of the year as I will not be working next week. Sincerely, Nick Buckley Code Enforcement Officer <image001.png> Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 E nbuckley@slocity.org T 805.783.7872 slocity.org <image002.png><image003.png><image004.png> Stay connected with the City by signing up for e-notifications From: Alex Mclachlan <> Sent: Tuesday, December 20, 2022 4:22 PM To: Buckley, Nick <nbuckley@slocity.org> Subject: Re: 667 howard st. sure, curious when these complaints may have been filed. how about after xmas? alex ATTACHMENT D Page 33 of 111 Page 34 of 111 Page 35 of 111 2 failing to properly treat the stored material to code eg. wattles and silt fencing. the contractor has covered it up, possibly to prevent further saturation. that effort has been for naught. covering the material, with tarps and grading changes has drastically changed the “historical flow” of water onto my property. i have lived here for over 35 years and never had to deal with this type of runoff issue! (note; i believe code prevents covering the front yard with more than 40% of non-permeable material. they have exceeded this.) during the past storms, i have repeatedly had to go out and dig “slit trenches” to redirect the cascading flow down my walkway and ATTACHMENT E Page 36 of 111 3 into my back yard. this all the result of mr. moody’s flagrant disregard for codes and personal liabilities. this mention of disregard for liabilities and personal property was the topic of several conversations ATTACHMENT E Page 37 of 111 4 with counsel over the holiday period. note; the temporary debris fence is WARRANTED after suffering his actions, that left debris in my back yard. with regard to an appointment to view my property, you may make your inspection from the street. this under the advice of counsel. i have been forthright with my intentions regarding the temporary debris fence. I have been proactive in acknowledging my desire to cooperate. i have also noted, i have a storage container in my driveway. this is to hold my household furnishings while i have my wood floors repaired and refinished, tile floors installed and interior painted. i would be happy to discuss any further issues you feel are germane to this situation and the liabilities that mr. moody continues to generate. as always, thank you for your attention to your ongoing code enforcement action and stop work order at 667 howard st. alex mclachlan ATTACHMENT E Page 38 of 111 Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) January 20, 2023 Alex Mclachlan 657 Howard St San Luis Obispo, CA 93401 SUBJECT ADDRESS: 657 Howard St, San Luis Obispo, CA 93401 APN: 001-122-017 Code Case #: CODE-000591-2022 Dear Property Owner, On December 12th, 2022, 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. Fences, Walls, and Hedges (SLOMC 17.70.070[C]) “Fences, walls or hedges may be placed within required yards, provided they do not exceed maximum height limitations and comply with the following standards: 1.The maximum height of a fence, wall, or hedge shall not exceed six feet; except within any front setback, the maximum fence, wall, or hedge shall be as shown in Figure 3-3. Corrective Action: Reduce the fence height to the allowed fence height according to the fence height standards. 2.Interior Side and Rear Setback Standards (SLOMC 17.18.020[B]) “The interior side and rear setback standards for the R-2 zone shall be set forth in Table 2-7: R-2 Zone Minimum Interior Side and Rear Setbacks. ATTACHMENT F Page 39 of 111 Table 2-7: R-2 Zone Minimum Interior Side and Rear Setbacks Maximum Building Height Minimum Required Setback A point this high on the roof of a building: Must be at least this far from the property line: 1—12 feet 5 feet (minimum setback) Corrective Action: Remove all permanent and temporary structures from the rear and side property setback. 3. Screening (17.76.100[4b]) “Portable on demand storage containers (pods) used for the temporary storage of personal property owned or rented by the occupants may be allowed for a period not to exceed one week.” Corrective Action: Remove any storage containers from the property by the compliance date. ALL REQUIRED WORK MUST BE COMPLETED WITHIN 90 DAYS OF PERMIT ISSUANCE. We request that you voluntarily take action to correct the above noted violation(s) no later than 2/21/2022. 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 Development Department via email at code@slocity.org or to 919 Palm Street, San Luis Obispo, CA 93401, 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) 783-7872 or nbuckley@slocity.org. Sincerely, ____________________________ Nick Buckley, Code Enforcement Officer Cc: Enclosures: Request for Directors Review ATTACHMENT F Page 40 of 111 ATTACHMENT F Page 41 of 111 Page 42 of 111 ATTACHMENT G Page 43 of 111 ATTACHMENT G Page 44 of 111 ATTACHMENT H Page 45 of 111 ATTACHMENT H Page 46 of 111 ATTACHMENT H Page 47 of 111 ATTACHMENT H Page 48 of 111 ATTACHMENT H Page 49 of 111 ATTACHMENT H Page 50 of 111 Citation No.: 00031451 ADMINISTRATIVE CITATION AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUNICIPAL CODE 1st Citation 2nd Citation 3rd Citation Additional / Daily Fines ADDRESS OF VIOLATION: 657 Howard, San Luis Obispo, CA 93401 APN: 001-122-017 DATE OF VIOLATION: March 23, 2023 NAME: Alex Mclachlan ADDRESS: 657 Howard, 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 § 17.70.070C Fences, Walls, and Hedges $100 MC § 17.18.020B Interior Side and Rear Setback Standards $100 MC § 17.76.1004b Screening $50 Amount Due $250 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. The City may pursue all legal, equitable, and administrative remedies for the collection of unpaid civil administrative fines. Delinquent fines will be forwarded to a collection agency for payment. 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: Nick Buckley Signature: Title: Code Enforcement Officer RELATED CE CASE: CODE-000591-2022 DATE CITATION ISSUED: 3/23/2023  ATTACHMENT I Page 51 of 111 Page 52 of 111 Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) March 30, 2023 Alex Mclachlan 657 Howard St San Luis Obispo, CA 93401 SUBJECT ADDRESS: 657 Howard St, San Luis Obispo, CA 93401 APN: 001-122-017 Code Case #: CODE-000591-2022 Dear Property Owner, On December 12th, 2022, 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. Fences, Walls, and Hedges (SLOMC 17.70.070[C]) “Fences, walls or hedges may be placed within required yards, provided they do not exceed maximum height limitations and comply with the following standards: 1.The maximum height of a fence, wall, or hedge shall not exceed six feet; except within any front setback, the maximum fence, wall, or hedge shall be as shown in Figure 3-3. Corrective Action: Reduce the fence height to the allowed fence height according to the fence height standards. 2.Interior Side and Rear Setback Standards (SLOMC 17.18.020[B]) “The interior side and rear setback standards for the R-2 zone shall be set forth in Table 2-7: R-2 Zone Minimum Interior Side and Rear Setbacks. ATTACHMENT J Page 53 of 111 Table 2-7: R-2 Zone Minimum Interior Side and Rear Setbacks Maximum Building Height Minimum Required Setback A point this high on the roof of a building: Must be at least this far from the property line: 1—12 feet 5 feet (minimum setback) Corrective Action: Remove all permanent and temporary structures from the rear and side property setback. 3. Screening (17.76.100[4b]) “Portable on demand storage containers (pods) used for the temporary storage of personal property owned or rented by the occupants may be allowed for a period not to exceed one week.” Corrective Action: Remove any storage containers from the property by the compliance date. ALL REQUIRED WORK MUST BE COMPLETED WITHIN 90 DAYS OF PERMIT ISSUANCE. We request that you voluntarily take action to correct the above noted violation(s) no later than 6/30/2023. 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 Development Department via email at code@slocity.org or to 919 Palm Street, San Luis Obispo, CA 93401, 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) 783-7872 or nbuckley@slocity.org. Sincerely, ____________________________ Nick Buckley, Code Enforcement Officer Cc: Enclosures: Request for Directors Review ATTACHMENT J Page 54 of 111 ...D ...D LI") LI") rn □ □ □ □ .::r­ ,...::i ,...::i U.S. Postal Service"·' CERTIFIED MAIL"" RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) . ._...1,1••-"'"". . -,1._--1111: , l I ' -- --- Postage $ Certified Fee Postmark Return Receipt Fee (Endorsement Required) Here Restricted Delivery Fee ;i.nJ (2.) (Endorsemont Required) Total Postage & Fees $ PS Forni 3800, Augus1 2006 See Revc,se for lnslluchons ATTACHMENT J Page 55 of 111 Page 56 of 111 ATTACHMENT K Page 57 of 111 ATTACHMENT K Page 58 of 111 ATTACHMENT L Page 59 of 111 ATTACHMENT L Page 60 of 111 ATTACHMENT L Page 61 of 111 ATTACHMENT L Page 62 of 111 ATTACHMENT L Page 63 of 111 ATTACHMENT L Page 64 of 111 ATTACHMENT L Page 65 of 111 Page 66 of 111 Citation No.: 00032584 ADMINISTRATIVE CITATION AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUNICIPAL CODE 1st Citation 2nd Citation 3rd Citation Additional / Daily Fines ADDRESS OF VIOLATION: 657 Howard St, San Luis Obispo, CA 93401 APN: 001-122-017 DATE OF VIOLATION: March 30, 2023 NAME: Alex McLachlan ADDRESS: 657 Howard St, 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 § 17.18.020 B Interior Side and Rear Setback Standards $100 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. The City may pursue all legal, equitable, and administrative remedies for the collection of unpaid civil administrative fines. Delinquent fines will be forwarded to a collection agency for payment. 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: Nick Buckley Signature: Title: Code Enforcement Officer RELATED CE CASE: CODE-000591-2022 DATE CITATION ISSUED: 7/11/2023 ATTACHMENT M Page 67 of 111 ATTACHMENT M Page 68 of 111 ATTACHMENT M Page 69 of 111 ATTACHMENT M Page 70 of 111 Citation No.: 00032844 ADMINISTRATIVE CITATION AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUNICIPAL CODE 1st Citation 2nd Citation 3rd Citation Additional / Daily Fines ADDRESS OF VIOLATION: 657 Howard St, San Luis Obispo, CA 93401 APN: 001-122-017 DATE OF VIOLATION: March 30, 2023 NAME: Alex McLachlan ADDRESS: 657 Howard St, 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 § 17.18.020 B Interior Side and Rear Setback Standards $500 $ Amount Due $500 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. The City may pursue all legal, equitable, and administrative remedies for the collection of unpaid civil administrative fines. Delinquent fines will be forwarded to a collection agency for payment. 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: Nick Buckley Signature: Title: Code Enforcement Officer RELATED CE CASE: CODE-000591-2022 DATE CITATION ISSUED: 8/2/23 ATTACHMENT N Page 71 of 111 ATTACHMENT N Page 72 of 111 ATTACHMENT N Page 73 of 111 ATTACHMENT N Page 74 of 111 ATTACHMENT O Page 75 of 111 ATTACHMENT O Page 76 of 111 ATTACHMENT O Page 77 of 111 ATTACHMENT O Page 78 of 111 ATTACHMENT P Page 79 of 111 ATTACHMENT P Page 80 of 111 ATTACHMENT P Page 81 of 111 ATTACHMENT P Page 82 of 111 ATTACHMENT P Page 83 of 111 ATTACHMENT P Page 84 of 111 From:Mezzapesa, John To:Alex Mclachlan Bcc:Buckley, Nick Subject:RE: A citation...? Date:Thursday, December 21, 2023 4:01:00 PM Attachments:image001.png Hi Alex, All citations were sent by both certified and regular mail and the most recent citation was also posted on site along with all previous citations for reference. Per the city’s administrative citation guidelines, if a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to the regular mail, provided the notice that was sent by regular mail is not returned. In your instance, no regular mail was ever returned. Our office is prepared to provide proof of service should any hearing be held regarding the cited violations. Do you have a timeline on removal of the sheds from the required setback? John Mezzapesa Code Enforcement Supervisor Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 From: Alex Mclachlan <> Sent: Wednesday, December 13, 2023 3:42 PM To: Mezzapesa, John <JMezzape@slocity.org> Subject: Re: A citation...? John, It appears that my response did not get sent. I'll try again. I can see the the three citations attached on your email. What I would also like to see is the "proof of service" receipts. As far as I can ascertain, I have never been notified by you or your staff regarding additional ATTACHMENT Q Page 85 of 111 citations. I would have appealed immediately as I did in the spring. However at that time you quashed the citation and that was not necessary. The simple principles of any action taken, require proof that all parties are notified before any hearing can be held. To that end you have not met that burden. I was never notified. I would suggest you check with counsel. Thank you for your attention, Alex B. McLachlan On Thu, Nov 16, 2023 at 9:36 AM Mezzapesa, John <JMezzape@slocity.org> wrote: Hi Alex, Nick let me know that I missed you at the front counter yesterday. I apologize for the delay in getting back to you, it’s been a hectic couple of weeks for me. I am aware of the issued citations regarding the remaining violations at your property. It appears that the remaining violation is regarding the sheds within the required setback on the side of your property. My recollection of our previous conversation at the counter was that you disagreed with the setback violation and did not intend to move the sheds. I advised that you would have the opportunity to appeal these violations upon the issuance of a citation. At the time we spoke you indicated that you understood your right to appeal and would be waiting for the citation in order to appeal it. After verifying that the sheds were not relocated by the new compliance date we discussed at the counter, Nick has inspected the property from the right of way multiple times and as a result of continued violations has issued three citations on 7/11/23, 8/2/23 & 10/31/23 (attached to this email). Each citation has a 10-day window for appeal to a hearing officer. The most recent citation was issued on 10/31 so all windows to appeal previous citations have passed. The fines assessed in all three citations total $1,600 and are required to be paid as soon as possible. I just want to make it clear that our determination regarding the setback violation is final and we will continue to issue citations until compliance is achieved. You’re only avenue of appeal is through the citation appeal process. Unfortunately, you will need to wait for the next citation to be issued to appeal the violations. I will ask Nick to let me know when that citation is issued, and I will email you directly with instructions on how to appeal so we can maximize your opportunity to submit the appeal on time. ATTACHMENT Q Page 86 of 111 Page 87 of 111 my return. thank you for your attention. Alex McLachlan ATTACHMENT Q Page 88 of 111 ATTACHMENT R Page 89 of 111 ATTACHMENT R Page 90 of 111 ATTACHMENT R Page 91 of 111 ATTACHMENT R Page 92 of 111 ATTACHMENT R Page 93 of 111 ATTACHMENT R Page 94 of 111 Page 95 of 111 Page 96 of 111 Page 97 of 111 Page 98 of 111 Page 99 of 111 Page 100 of 111 March 7, 2024 Alex McLachlan 657 Howard St. San Luis Obispo, CA 93401 Via: First Class Mail Email: Re: Notice of Hearing on Appeal of Administrative Citation – Administrative Review Board Administrative Citation Number #00034623 Dear Alex McLachlan: On February 8, 2024, the City of San Luis Obispo received your appeal of the above Administrative Citation. Information regarding your appeal is as follows: 1.Hearing Date, Time, and Place. Your hearing on the appeal has been set for March 27, at 3:30 p.m. at City Hall, Council Hearing Room, 990 Palm Street, San Luis Obispo, CA 93401. The hearing may be continued to a different date for good cause, but not to accommodate an academic schedule. You must request any such continuance in writing and include in your request the reasons you feel constitute good cause for the continuance. Such request must be received by the director of the department that issued the citation or the hearing officer within 5 days of the date of this notice. 2.Hearing Officer or Board. The Administrative Review Board will hear the appeal as you requested. The members of the Administrative Review Board are: Alex Karlin, Linda Mielke, and Myles Couch. 3.Failure to Appear or Submit Evidence. Your failure to appear at the hearing or submit written evidence to the hearing officer and to the director of the department that issued the citation, at least 10 days prior to the hearing, will constitute an abandonment of the appeal, and a failure to exhaust administrative remedies. The citation fine will then be due and payable immediately. 4.Addresses for Notices, Requests or Communication. Any communications, notices, requests to the hearing officer shall be addressed as follows: Administrative Review Board c/o City Attorney’s Office 990 Palm Street San Luis Obispo, CA 93401 Page 101 of 111 Any communications, notices, or requests to the director of the department that issued the citation shall be addressed as follows: Timmi Tway, Community Development Director c/o John Mezzapesa 919 Palm Street San Luis Obispo, CA 93401 Additional information regarding the appeal process may be found in Chapter 1.24 of the San Luis Obispo Municipal Code which is posted at: https://sanluisobispo.municipal.codes/. If the City has included in the administrative record video or audio recordings related to the citation being appealed, those may be reviewed in their entirety by contacting the staff member listed below and scheduling a time to review the recordings in-person. No copies will be provided and no remote viewing will be facilitated. Any request to review the recordings must be received at least two (2) business days in advance of your hearing date. If you have a disability and need a reasonable accommodation to participate in the hearing, please contact, in writing, the director of the department that issued the citation as soon as possible. The appeal hearing will be conducted in English. You are welcome to bring an interpreter if needed. If you have any questions, please contact me at (805) 781-7140 or city_attorney@slocity.org. Sincerely, Sarah Zion Legal Assistant, City of San Luis Obispo Enc: Administrative Record CC: Code Enforcement Page 102 of 111 Page 103 of 111 Page 104 of 111 Page 105 of 111 Page 106 of 111 Page 107 of 111 Page 108 of 111 Page 109 of 111 City of San Luis Obispo Finance 990 Palm Street San Luis Obispo, CA 93401 (805) 781-7124 www.slocity.org Thank you for your payment. Have a nice day! Tuesday Feb 13 2024 11:18:54 AM Clerk - Misc Revenue (CLERKREV) ADMINISTRATIVE REVIEW BOARD 350.12 __________________________________________ Total 350.12 Check 1024 350.12 Received From: ALEXANDER MCLACHLAN Receipt #: finance-02132024-5 Cashier: Roman Richard Page 110 of 111 PROOF OF SERVICE - 1 - PROOF OF SERVICE STATE OF CALIFORNIA; COUNTY OF SAN LUIS OBISPO I am employed in the County of San Luis Obispo, State of California. I am over the age of 18, and not a party to the within action. My business address is 990 Palm Street, San Luis Obispo, California 93401. On March 7, 2024, I caused the foregoing document described as NOTICE OF ADMINISTRATIVE APPEAL HEARING to be served on the interested parties in this action by placing true copies thereof enclosed in sealed envelopes, addressed as follows: Alex McLachlan 657 Howard St. San Luis Obispo, CA 93401 Email: alexinslo@sbcglobal.net; alexinslo@gmail.com [X] By United States Mail: I enclosed the documents in a sealed envelope addressed as indicated above. I am readily familiar with the office’s practice of collection and processing documents for mailing. It is deposited with the U.S. postal service on that same day in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after the date of service. [X] Courtesy Copy by E-mail: I caused this document to be transmitted via e-mail to the e- mail address listed above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on March 7, 2024, at San Luis Obispo, California. _____________________________ Sarah Zion Page 111 of 111