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
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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.
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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
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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]
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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).)
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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
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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).
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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.
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Item 3A
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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]
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ATTACHMENT A
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ATTACHMENT A
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ATTAC MENTATTACHMENT A
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ATTACHMENT A
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ATTACHMENT A
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ATTACHMENT A
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ATTACHMENT A
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ATTACHMENT B
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ATTACHMENT B
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ATTACHMENT B
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ATTACHMENT B
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ATTACHMENT C
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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
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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
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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
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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
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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
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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
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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
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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
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ATTACHMENT F
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ATTACHMENT G
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ATTACHMENT G
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ATTACHMENT H
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ATTACHMENT H
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ATTACHMENT H
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ATTACHMENT H
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ATTACHMENT H
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ATTACHMENT H
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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
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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.
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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
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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
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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
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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
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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.
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my return.
thank you for your attention.
Alex McLachlan
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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
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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
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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
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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
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