HomeMy WebLinkAboutEmailsCity of San Luis Obispo, City Attorney’s Office, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7140, slocity.org
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
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
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
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:
[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
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
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
my return.
thank you for your attention.
Alex McLachlan
ATTACHMENT Q
1
From:Zachary Moody <
Sent:Thursday, December 21, 2023 1:07 PM
To:CityClerk
Subject:Public Records Request IRT Code Violations at 657 & 659 Howard St
Attachments:PRR_657-659-667-671 Howard St.pdf
This message is from an External Source. Use cauƟon when deciding to open aƩachments, click links, or respond.
________________________________
Good AŌernoon,
AƩached is my public records request form for all code violaƟon informaƟon pertaining to the listed address and Ɵmeline. Please
let me know if you have any quesƟons. Thank you.
Best,
Zach Moody
Updated 05/2023
City of San Luis Obispo
Request for Public Records
The California Public Records Act (Government Code 7921. et set.) was enacted to ensure public
records are available for inspection by members of the public. Completion of this form will assist staff
in identifying related records to accurately complete your request.
Requested records will be distributed to the email address that is listed on this form, unless directed
otherwise by City staff. Requests for printed records will require payment subject to the City’s
Comprehensive Fee Schedule. Payment must be rendered prior to production of printed materials.
Name: _______________________________________________ Date: ______________________
Last First
Address: ________________________________________________________________________
Street & Unit # City State Zip
Email: _____________________________________________ Phone: _______________________
Release Forms
Requests for certain public records legally require release forms to be submitted for records to be
distributed to the requestor. To help expedite your request, please read below and ensure additional
information is submitted along with this public records request form.
•Personal health information
Records containing personal health information require a HIP AA Release Form. Examples
include fire incident reports, worker’s compensation claims, etc.
o HIPAA Release Form
•Printed residential and/or commercial building plans
The Public Records Act does not allow the release of printed copies of this material without the
permission of the architect/engineer copyright owner. The public records requestor is
responsible for obtaining said authorization by completing all three release forms listed
below. You may call the Community Development Department at (805) 781 - 7170 to find out
the name of the copyright owner. In-person viewing of plans do not require release forms.
o Copies of Plans Affidavit
o Plan Request Architect/Engineer Authorization
o Plan Request Owner Authorization
Continued
YOUR REQUEST WILL BE PROCESSED IN COMPLIANCE WITH THE PUBLIC RECORDS ACT (PRA). California
Government Code Section 7921. An Agency shall notify the requestor within 10 days from receipt of request with a
Determination which states if the Agency is in possession, in whole or in part, of the requested documents, and possible lega l
exemptions which prohibit the release of non-disclosable documents, as outlined per the PRA. In some instances, an Agency
may require an extension of up to 14 days to provide a Determination, as authorized by the PRA. A notice will be provided to the
requestor setting forth the reasons for the extension and the date on which a Determination is expected to be supplied.
Record Information: List the records you are requesting. Specify relevant information such as:
subject, title, incident number, location/address, person(s) involved, project name, etc.
Date and Time: Specify the incident date or date and time range of the requested records
Questions may be directed to the City Clerk’s Office at (805) 781-7100.
Submit Completed Forms To:
cityclerk@slocity.org
OR
City Clerk’s Office
990 Palm Street
San Luis Obispo, CA 93401
1
From:Buckley, Nick
Sent:Wednesday, March 27, 2024 2:54 PM
To:Zion, Sarah
Cc:Symens, Sadie; Loew, Michael; Mezzapesa, John
Subject:RE: 3/27/24 ARB Appeal
Attachments:657 ARB Powerpoint_CAO revs.pptx
It is attached, thank you Sarah.
Nick Buckley
Code Enforcement Officer II
Community Development
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E nbuckley@slocity.org
T 805.783.7872
slocity.org
Stay connected with the City by signing up for e-notifications
From: Zion, Sarah <SZion@slocity.org>
Sent: Wednesday, March 27, 2024 2:10 PM
To: Buckley, Nick <nbuckley@slocity.org>
Cc: Symens, Sadie <ssymens@slocity.org>; Loew, Michael <Mloew@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>
Subject: RE: 3/27/24 ARB Appeal
Hi Nick,
That should be fine. I will need a copy of the powerpoint for our records, but you can send it after the meeting.
From: Buckley, Nick <nbuckley@slocity.org>
Sent: Wednesday, March 27, 2024 2:07 PM
To: Zion, Sarah <SZion@slocity.org>
Cc: Symens, Sadie <ssymens@slocity.org>; Loew, Michael <Mloew@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>
Subject: RE: 3/27/24 ARB Appeal
Greetings Sarah,
Is it possible to just run it on my laptop? I am going to bring my laptop anyway so I will have all my information and
research anyway.
Sincerely,
Nick Buckley
Code Enforcement Officer II
2
Community Development
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E nbuckley@slocity.org
T 805.783.7872
slocity.org
Stay connected with the City by signing up for e-notifications
From: Zion, Sarah <SZion@slocity.org>
Sent: Wednesday, March 27, 2024 1:54 PM
To: Buckley, Nick <nbuckley@slocity.org>
Cc: Symens, Sadie <ssymens@slocity.org>; Loew, Michael <Mloew@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>
Subject: RE: 3/27/24 ARB Appeal
Hi Nick,
If you have a powerpoint that you are planning on presenting today could you send me the link? I would like to pull it
up before the meeting starts to have ready.
Sarah Zion
Legal Assistant I
City Attorney's Office
990 Palm, San Luis Obispo, CA 93401-3249
E szion@slocity.org
T 805.783.7856
slocity.org
Stay connected with the City by signing up for e-notifications
From: Buckley, Nick <nbuckley@slocity.org>
Sent: Tuesday, March 26, 2024 12:52 PM
To: Zion, Sarah <SZion@slocity.org>
Cc: Symens, Sadie <ssymens@slocity.org>; Loew, Michael <Mloew@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>
Subject: RE: 3/27/24 ARB Appeal
Excellent, thank you.
Nick Buckley
Code Enforcement Officer II
3
Community Development
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E nbuckley@slocity.org
T 805.783.7872
slocity.org
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From: Zion, Sarah <SZion@slocity.org>
Sent: Tuesday, March 26, 2024 11:21 AM
To: Buckley, Nick <nbuckley@slocity.org>
Cc: Symens, Sadie <ssymens@slocity.org>; Loew, Michael <Mloew@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>
Subject: RE: 3/27/24 ARB Appeal
Hi Nick,
I would plan on being there at 3:30 when the meeting starts. The only items before the appeal is roll call and approval
of last meetings minutes, which doesn’t usually take long. Once the Board moves on to the appeal, you will be up first
to present the City’s case.
Sarah Zion
Legal Assistant I
City Attorney's Office
990 Palm, San Luis Obispo, CA 93401-3249
E szion@slocity.org
T 805.783.7856
slocity.org
Stay connected with the City by signing up for e-notifications
From: Buckley, Nick <nbuckley@slocity.org>
Sent: Tuesday, March 26, 2024 10:51 AM
To: Zion, Sarah <SZion@slocity.org>
Cc: Symens, Sadie <ssymens@slocity.org>; Loew, Michael <Mloew@slocity.org>; Mezzapesa, John <JMezzape@slocity.org>
Subject: 3/27/24 ARB Appeal
Greetings Sarah,
Is there a schedule for tomorrow’s ARB appeal hearing? Just want to know when I should plan on being there.
Sincerely,
Nick Buckley
Code Enforcement Officer II
4
Community Development
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E nbuckley@slocity.org
T 805.783.7872
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657 Howard – Administrative Review BoardProperty Owner - Alex MclachlanZoning -R-2Code Violation -SLOMC §17.18.020[B]Site Area -.145Administrative Citation Appeal Citation # 00034623
Site DetailsProperty Owner – Alex McLachlan657 and 659 HowardZoning is R-2Surrounding properties zoned R-2Sheds located along southern property line.
Code Violation -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.
BackgroundOn December 15, 2022, Code Enforcement staff received a complaint regarding multiple land use or building code violations.Staff confirmed three violations using photos taken from a neighboring property as well as the public right of way.On January 20, 2023, staff issued a Notice of Violation. On March 23, 2023, staff issued an Administrative Citation.On March 30, 2023, the property owner met with Code Enforcement Supervisor and stated he was willing to comply but did not receive the Notice of Violation. The Notice of Violation and Administrative Citation were Rescinded. A new compliance period of 90 days was established, and a Notice of Violation was sent with a compliance date of June 30, 2023.
BackgroundOn July 5, 2023, staff conducted an inspection and confirmed two of the violations were sufficiently corrected. However, the setback violation remained.Administrative Citations were issued for the remaining violation on July 11, August 2, and October 31, 2023. No appeals were received within the allowed time limit for any of these three Citations.On February 2, 2024, the fourth Administrative Citation was issued.On February 8, 2024, staff was informed by the City Attorney’s office an appeal was submitted by the property owner.
10/31/23AdditionalPhotos7/5/23
SLOMC 17.70.170(C)Allowed projections into Required Setback AreasPublic utility systemsFences, walls, and hedgesArbors and TrellisesSignsEaves, chimneys, balconies, and other architectural featuresUncovered balconies/porches Mechanical equipment Trash enclosuresVehicle ParkingLandscapingSheds are not an allowed projection under the Municipal Code
ConclusionSheds are not authorized projections into required setback areas under the Municipal Code (see SLOMC 17.70.170(c))Sheds do not fall under an “entitled” setback exception (SLOMC 17.70.170(D)(1)) and property owner did not apply for or obtain a discretionary setback exception (SLOMC 17.70.170(D)(2))Property owner has provided no evidence to the City that the setback violation has been cured
1
From:Alex Mclachlan <
Sent:Wednesday, February 21, 2024 9:11 AM
To:Mezzapesa, John
Cc:Patrick Fisher
Subject:Re: Document request..
John,
Thank you again.
These are somewhat informative. However, I was actually hoping for an actual exhibit of proof of service. For example, a signed
receipt of delivered mail, as customary with the USPS. Another is a signed affidavit by a third party such as Sheriff or process
server.
To wit, when I received previous notices in March '23 and January '24 I signed and immediately responded to the citations issued.
My intent to appeal was noted and acted upon.
I have never seen or signed for any of the three issued citations.
In legal proceedings a "true" proof of service must be provided to the court for proceedings to continue forward.
To date I don't see where you have met this bar.
I have filed a formal request for documents and records. It is noted on the submission form a period of 10 days is needed for a
response. This before anything is provided.
I would think an extension of time necessary before any appeal hearing be scheduled. How does one go about this?
Thank you,
Alex McLachlan
Alan Schwartz
On Wednesday, February 21, 2024 at 07:56:13 AM PST, Mezzapesa, John <jmezzape@slocity.org> wrote:
Alex,
Attached are the Declarations of service for each administrative citation.
Let me know if you have any questions.
John Mezzapesa
Code Enforcement Supervisor
2
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: Tuesday, February 20, 2024 1:06 PM
To: Mezzapesa, John <JMezzape@slocity.org>
Cc: Patrick Fisher <patrick@fisherlawslo.com>
Subject: Re: Document request..
John,
Thank you for the quick reply.
Please follow through with your offer for the proof of services and I will sharpen my pencil and make my
request for everything else thru the records request form.
Thank you for sharing the link.
Alex McLachlan
Alan Schwartz
On Tuesday, February 20, 2024 at 09:52:22 AM PST, Mezzapesa, John <jmezzape@slocity.org> wrote:
Hi Alex,
I apologize for not getting back to you sooner. When we spoke at the counter, your request was limited to proof of service
documents which is minimal enough that I would feel comfortable providing without utilizing the Public Records Request process.
If you are looking to get all related case documents, I would direct you to submit a formal Public Records Request via the City
Clerk. Information about the Public Records Request process can be found here. The form for a public records request can be
found here. The completed form should be sent to the City Clerk’s office at 990 Palm Street, San Luis Obispo, CA 93401 or
emailed to cityclerk@slocity.org.
3
Let me know if you have any questions.
Thanks,
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: Monday, February 19, 2024 9:14 AM
To: Mezzapesa, John <JMezzape@slocity.org>
Cc: Patrick Fisher <patrick@fisherlawslo.com>
Subject: Re: Document request..
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
John,
I have submitted my appeal paperwork and fees. It was accepted by the City of San Luis Obispo.
In the two weeks plus, since we last spoke, I have received none of your promised cooperation you smilingly
promised at our counter discussion on February 5, 2024.
Again: I would ask you to provide:
All proof of service documents for all citations issued to my property: 657 Howard St.
All photos that may have been taken in field from public right of way or any other locations germain to the
issuance of any and all complaints and citations towards 657 Howard St.
Any and all field reports from SLO Code Enforcement agents or employees
I know you are familiar with the rules and nuances of the appeals process. As such you understand the need
for transparency, cooperation and a positive representation of the City of San Luis Obispo.
I look forward to your promised cooperation and requested information.
4
Alex B. Mc Lachlan
Alan Schwartz
On Tuesday, February 6, 2024 at 12:37:54 PM PST, Alex Mclachlan < wrote:
John,
Thank you for your attention yesterday.
Proceeding forward with my appeal I would ask you to provide:
all proof of service documents for all citations issued
all photos that may have been taken in field from public right of way
any and all field reports from SLO Code Enforcement agents or employees
Again, thank you for your cooperation and attention regarding these matters.
Alex B. McLachlan
Alan Schwartz
657 Howard St.
SLO 93401
1
From:Code Enforcement
Sent:Monday, April 22, 2024 2:55 PM
To:Buckley, Nick
Cc:Mezzapesa, John
Subject:FW: Notice of Decision- McLachlan
Attachments:20240422_Notice-Decision_McLachlan.pdf
From: Zion, Sarah <SZion@slocity.org>
Sent: Monday, April 22, 2024 1:35 PM
To:
Cc: Code Enforcement <code@slocity.org>
Subject: Notice of Decision‐ McLachlan
Alex McLachlan,
Please see attached.
Sarah Zion
Legal Assistant I
City Attorney's Office
990 Palm, San Luis Obispo, CA 93401-3249
E szion@slocity.org
T 805.783.7856
slocity.org
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The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the
designated addressee named above. The information transmitted is subject to the attorney-client privilege
and/or represents confidential attorney work product. Recipients should not file copies of this email with
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IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you.
City of San Luis Obispo, City Attorney’s Office, 990 Palm Street, San Luis Obispo, CA, 93 401-324 9, 805.781.7 140, slocity.org
April 22, 2024
Alex McLachlan
657 Howard St.
San Luis Obispo, CA 93401
Via First-Class and Certified Mail
Email:
Re: NOTICE OF ADMINISTRATIVE APPEAL DECISION
Appeal of Administrative Citation #00034623- CITATION UPHELD
To Alex McLachlan:
At your Administrative Citation appeal hearing on March 27, 2024, the Administrative Review Board
reviewed the evidence and made the determination indicated above.
The Administrative Review Board’s findings are attached.
Pursuant to Government Code section 53069.4, you may seek judicial review of this decision by filing
a further appeal with the San Luis Obispo Superior Court within twenty calendar days after service of
this notice of decision and paying the filing fee as required by Government Code section 70615 to the
San Luis Obispo Superior Court. To challenge the decision by writ, please refer to California Code of
Civil Procedure Section 1094.5 or consult an attorney. If you file an appeal pursuant to Government
Code section 53069.4(b)(1), you must serve either in person or via first-class mail on the City a copy
of the notice of appeal. If no appeal is filed with the San Luis Obispo Superior Court within the time
period set forth above, this notice of decision shall be deemed final.
Unless you file an appeal with the San Luis Obispo Superior Court, your fine amount of $15,000
is due to be paid no later than thirty (30) days from the date of this letter. If paying by check,
make the check or money order out to “City of San Luis Obispo” and mail to: Community
Development Department, 919 Palm St, San Luis Obispo, CA 93401. You may also call in a
debit/credit card payment at (805) 781-7180 (choosing option 6 for payments). Make sure to have
the citation number ready when you call. If payment is not received within thirty (30) days, the
matter will be turned over to the City’s collection agency.
Sincerely,
Sarah Zion
Legal Assistant
City Attorney’s Office
Attachment: Adopted Resolution from the Administrative Review Board
CC: Community Development
RESOLUTION NO. ARB-07-24
A RESOLUTION OF THE ADMINISTRATIVE REVIEW BOARD OF THE
CITY OF SAN LUIS OBISPO, CALIFORNIA, DENYING THE APPEAL OF
ALEX MCLACHLAN, OWNER OF 657 HOWARD STREET, AND
UPHOLDING ADMINISTRATIVE CITATION NO. 00034623.
WHEREAS, the Administrative Review Board (“Board”) of the City of San Luis Obispo
conducted a public hearing in Council Conference Room, 990 Palm Street, San Luis Obispo,
California, commencing at 3:30 p.m. on March 27, 2024, on the appeal of Alex McLachlan
(“Appellant”) of Administrative Citation No. 00034623 issued to Appellant on February 2, 2024
(“Administrative Citation”), for violation of structure set back requirements of San Luis Obispo
Municipal Code Section 17.18.020B at property owned by Appellant which is located at 657
Howard Street, San Luis Obispo, California (the “Subject Property”); and
WHEREAS, notice of said public hearing was made at the time and in the manner required
by law; and
WHEREAS, Section 1.24.100 of the San Luis Obispo Municipal Code establishes a right
to appeal an administrative citation issued by the director; and
WHEREAS, the Board duly reviewed and considered all documents and information
presented, including the Administrative Citation; the City’s staff report and accompanying
exhibits; the Appellant’s written appeal and accompanying documents, the oral presentations and
responses to questions at hearing by City staff and Appellant, all written or other information
submitted; and the evaluations and recommendations by staff presented at hearing.
NOW, THEREFORE, BE IT RESOLVED by the Administrative Review Board of the
City of San Luis Obispo as follows:
SECTION 1. Findings. The Board finds:
1. The above statements are true and correct.
2. Board members present:
a. Alex Karlin, Chair
b. Linda Mielke, Vice-Chair
c. Myles Couch, Member
3. The names of all individuals participating in the hearing and their capacity:
a. Appellant: Alex McLachlan
b. City staff: Nick Buckley, Code Enforcement Officer; John Mezzapesa, Code
Enforcement Supervisor; Sadie Symens, Assistant City Attorney and legal advisor
to City Code Enforcement staff; Mark Amberg, Assistant City Attorney and legal
DocuSign Envelope ID: 9824A398-87C5-4473-B70D-FA228FFD3990
Resolution No. ARB-07-24 Page 2
advisor to the Board; Kelly White, City Analyst and staff liaison to the Board; and
Sarah Zion, Legal Assistant and administrative assistant to the Board
c. Additional Witnesses (either for or against Appellant): None.
4. The hearing was recorded by simultaneous audio and video recording, and such
recordings are in the custody of the City Clerk.
5. The Appellant was present for the public hearing.
6. Pursuant to Municipal Code Section 1.24.110(E), the Board received the Administrative
Citation and supporting information (documents, photographs, exhibits, or materials
prepared by City staff) concerning the Appellant’s violation of Municipal Code Section
17.18.020B as prima facie evidence of the Appellant’s code violation and of the facts
stated in such documents.
7. The following items were submitted to the record, including, but not limited to,
photographs, drawings, and documents:
a. Appellant’s Administrative Citation Appeal, received February 8, 2024, including
accompanying Statement of Reasons for Appeal and accompanying photographs;
b. City staff report, posted to the City’s website on March 20, 2024, and
accompanying Attachments A through T.
c. Packet of documents, correspondence and photographs brought to the hearing by
the Appellant and submitted to the Board.
8. The Board has decided to uphold the Administrative Citation 00034623, issued to
Appellant on February 2, 2024, for violation of the structure setback requirements of
Municipal Code Section 17.18.020B at the Subject Property, and to deny Appellant’s
appeal of that Citation.
9. Although Appellant’s appeal also notes three previous citations issued by the City, which
were a citation issued on July 11, 2023, a citation issued on August 2, 2023, and a
citation issued on October 31, 2023, no appeal of those citations was filed within the ten-
day period required by City code. Any attempted appeal of those citations was untimely,
so those citations were deemed final and they are not the subject of this appeal. The only
citation timely appealed is Administrative Citation 00034623, which is the only citation
considered by the Board.
10. The Board made the following associated legal findings to uphold the Administrative
Citation and deny the appeal:
a. Administrative Citation 00034623 was issued to Appellant for violation of
Municipal Code Section 17.18.020B for maintaining a structure (a shed) within
the five-foot set back distance from the side and rear property lines of Appellant’s
DocuSign Envelope ID: 9824A398-87C5-4473-B70D-FA228FFD3990
Resolution No. ARB-07-24 Page 3
property prescribed by Municipal Code Section 17.18.020B, without any
exception listed in City Code or any exception that was requested or granted.
b. Although it appears Appellant has had significant disputes with his neighbor,
which may have included the removal of Appellant’s mailbox by his neighbor for
a period of time, and that Appellant may have been gone on vacation for a period
of time when Notices of Violation and Citations were mailed to Appellant and
posted on the Subject Property, City provided, and Appellant received, statutorily
required and sufficient notice of the Notices of Violation and the Administrative
Citation.
11. The following witnesses testified at the hearing: City Code Enforcement Officer Nick
Buckley, City Code Enforcement Supervisor John Mezzapesa, and Appellant Alex
McLachlan. The Board found the testimony of each witness to be credible. The following
summarizes the relevant testimony the Board finds most credible in support of its
decision:
a. Nick Buckley testified that he inspected/observed conditions on the Subject
Property on numerous occasions between December 2022 and the date
Administrative Citation that is the subject of this appeal was issued. These
inspections/observation of conditions were made from the yard of neighboring
property located at 667 Howard Street, to which code enforcement had access
with the permission of the property owner of 667 Howard Street, and from the
public right of way. From these inspections/observations, Mr. Buckley saw and
determined that a shed on the Subject Property was located within five feet of the
Subject Property’s side and rear property lines, in violation of the applicable five-
foot set back requirement of City Municipal Code section 17.18.020B. Mr.
Buckley further testified that he issued Notices of Violation and citations to
Appellant for the violation, including Administrative Citation 00034623, by
mailing the notices and citations to Appellant at the address of the Subject
Property and by posting the notices and citations on the door of the Subject
Property.
b. John Mezzepasa testified that, from a review of the City’s Community
Development Department files for the Subject Property, no requests were made
by Appellant for any exception to the five-foot set back requirement for the shed
in question on the Subject Property and no such exception was granted or
applicable.
c. Alex McLachlan testified that, although he disputes receiving one or more the
prior Notices of Violation and citations, he received and filed an appeal for
Administrative Citation 00034623. Mr. McLachlan also did not dispute that the
shed in question is located within five feet from the side and rear property lines of
DocuSign Envelope ID: 9824A398-87C5-4473-B70D-FA228FFD3990
Resolution No. ARB-07-24 Page 4
the Subject Property.
12. The Board also finds the following physical evidence to be credible in support of its
decision to uphold the Administrative Citation and deny the appeal:
a. Multiple photographs showing the location of the shed in question next to or up
against the side and rear property lines of the Subject Property.
SECTION 2. Action: Based on the above findings, documentation, and information
submitted in support thereof, the Administrative Review Board hereby denies the appeal of Alex
McLachlan related to property he owns located at 657 Howard Street, San Luis Obispo, California,
and upholds Administrative Citation No. 00034623 issued February 2, 2024, for violation of the
setback requirements of City Municipal code section 17.18.020B. The due date for payment of the
fine, which is in the amount of fifteen thousand and no/100 dollars ($15,000.00), shall be thirty
(30) days after the date this resolution is mailed.
SECTION 3. Appeal or Review by Writ. This Resolution is the City of San Luis
Obispo’s final administrative decision, under Municipal Code Section 1.24.140(A), on the
Administrative Citation. A person contesting this decision may do so in either of two ways. First,
pursuant to California Government Code Section 53069.4(b)(1), within 20 days after the service
of this Resolution, a person contesting this decision may seek review by filing an appeal to be
heard by the Superior Court of the County of San Luis Obispo. Alternatively, a person contesting
this decision may file a petition for writ with the Superior Court of the County of San Luis Obispo.
The time within which the petition must be filed, and the applicable requirements are governed by
the California Code of Civil Procedure. Either the appeal or the petition for writ filed with the
court must contain proof of service showing a copy of the appeal or petition for writ was served
upon the city clerk. The petitioner must pay the superior court the appropriate court filing fee when
the appeal or petition is filed.
Upon motion of Vice-Chair Mielke, seconded by Board Member Couch, and on the
following roll call vote:
AYES: Board Member Couch, Chair Karlin
NOES: None
ABSTAIN: Vice-Chair Mielke
ABSENT: None
The foregoing resolution was adopted this 17th day of April 2024.
________________________________________________________________
Alex Karlin, Chairperson Date of Signature
DocuSign Envelope ID: 9824A398-87C5-4473-B70D-FA228FFD3990
4/18/2024 | 6:41 AM PDT
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 April 22, 2024, I caused the foregoing document described as NOTICE OF
ADMINISTRATIVE APPEAL DECISION 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:
[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] By Certified United States Mail: I enclosed the documents in a sealed envelope
addressed as indicated above. I completed and attached to the envelope the additional form
required for this type of delivery. 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 deposit for mailing in affidavit.
[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 April 22, 2024, at San Luis Obispo, California.
_____________________________
Sarah Zion
1
From:Zachary Moody <
Sent:Thursday, January 4, 2024 4:57 PM
To:Christian, Kevin
Cc:City_Attorney; CityClerk
Subject:Re: Records Request Response - PRR23359 Moody - 657, 659, 667 & 671 Howard St., all code violation
records
Got it. Thank you
Sent from my iPhone
On Jan 4, 2024, at 4:14 PM, Christian, Kevin <kchristi@slocity.org> wrote:
Hmmm, first try clearing your cache. I that doesn’t work, here’s how you can “drive” yourself there.
1. Go to the City Website – www.slocity.org
2. Hover over the “Services” tab to view the menu, then select “Public Records Request” on the
right under “General Government”
3. Select “General City Records” (grey button in the middle)
4. Now you will be in the Archive and see a bunch of folders. Select “Public Records Request” –
then “2023” – then “12 December” – then your request third from bottom.
Kevin
From: Zachary Moody <
Sent: Thursday, January 4, 2024 4:04 PM
To: Christian, Kevin <kchristi@slocity.org>
Cc: CityClerk <CityClerk@slocity.org>; City_Attorney <City_Attorney@slocity.org>
Subject: Re: Records Request Response ‐ PRR23359 Moody ‐ 657, 659, 667 & 671 Howard St., all code violation
records
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Hi Kevin,
The new link you sent gives me this error code even though I do not have cookies blocked:
Cookies are not enabled for th is website . Cookies must be
enabled in order to sign in to WebLink 10.
2
Yesterday with the link provided by Andrea, I did not have this problem. It’s giving me the error on both my Mac
and iPhone. Can you try sending it again. Thank you.
Best,
Zach Moody
On Jan 4, 2024, at 3:16 PM, Christian, Kevin <kchristi@slocity.org> wrote:
Zachary,
Thank you for your patience and understanding concerning our delivery of final
responsive files. They are now available to you at the following link:
12‐21‐2023 PRR23359 Moody ‐ 657, 659, 667 & 671 Howard St., all code violation records
(slocity.org)
Kevin Christian
Deputy City Clerk
<image001.png>
City Administration
City Clerk's Office
990 Palm Street, San Luis Obispo, CA 93401-3218
E kchristi@slocity.org
T 805.781.7104
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Christian, Kevin <kchristi@slocity.org>
Sent: Thursday, January 4, 2024 10:52 AM
To: Colunga‐Lopez, Andrea <AColunga@slocity.org>; Zachary Moody <
Cc: CityClerk <CityClerk@slocity.org>; City_Attorney <City_Attorney@slocity.org>
Subject: RE: Records Request Response ‐ PRR23359 Moody ‐ 657, 659, 667 & 671 Howard St., all
code violation records
Zachary,
Please note that upon further review, additional redactions to the provided responsive
records may have to be made. Therefore the below link is no longer active. If you have
downloaded any of these documents or otherwise copied the contents, please destroy
all copies. Thank you for your understanding. We will be in touch further.
3
Kevin Christian
Deputy City Clerk
<image001.png>
City Administration
City Clerk's Office
990 Palm Street, San Luis Obispo, CA 93401-3218
E kchristi@slocity.org
T 805.781.7104
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Colunga‐Lopez, Andrea
Sent: Wednesday, January 3, 2024 12:35 PM
To: Zachary Moody <
Cc: CityClerk <CityClerk@slocity.org>; City_Attorney <City_Attorney@slocity.org>
Subject: Records Request Response ‐ PRR23359 Moody ‐ 657, 659, 667 & 671 Howard St., all
code violation records
Zachary Moody,
The City of San Luis Obispo (“City”) received your request pursuant to the
California Public Records Act delivered via email on December 21, 2023. In
accordance with the requirements of the Act, I am providing the following linked
records, which are responsive to your request, and described as follows:
1. PRR23359 Moody - 657, 659, 667 & 671 Howard St., all code violation
records
Please be advised that every effort has been made to search for all records
which may fall within the scope of your records request, and, as such, we believe
our search is quite thorough. However, if you have knowledge of a specific
document which has not been provided in response to your request, please notify
us, and we will be happy to provide the document(s) to you unless, of course, it is
exempt from disclosure pursuant to California Government Code §7921.000 et
seq.
Best,
Andrea Colunga-Lopez
pronouns she/her/hers
Administrative Assistant II
<image001.png>
City Administration
E AColunga@slocity.org
T 805.781.7105
slocity.org
4
<image002.png><image003.png><image004.png>
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1
From:Colunga-Lopez, Andrea
Sent:Thursday, December 21, 2023 2:34 PM
To:Zachary Moody
Cc:CityClerk
Subject:Records Request Acknowledgement - PRR23359 Moody - 657, 659, 667 & 671 Howard St., all code violation
records
Attachments:PRR23359 Moody - 657, 659, 667 & 671 Howard St., all code violation records.pdf
Zachary Moody,
The City is in receipt of your public records request as of December 21, 2023 and will begin searching for
responsive documents. If you have any questions in the meantime, feel free to contact me. Thank you.
Please note, City Offices will be closed for the holidays starting at noon on Friday, 12/22/2023 until staff return on
Tuesday, 01/02/2024.
Best,
Andrea Colunga-Lopez
pronouns she/her/hers
Administrative Assistant II
To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.City of San Luis Obispo
City Administration
E AColunga@slocity.org
T 805.781.7105
slocity.org
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Facebook
To help protect your privacy, Micro soft Office prevented automati c download of thi s picture from the In ternet.In stagram
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Twitter
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1
From:Buckley, Nick
Sent:Friday, March 29, 2024 11:55 AM
To:Mezzapesa, John
Subject:RE: 657 Howard Cost Recovery
Attachments:Cost Recovery Spreadsheet.xlsx
Completed spreadsheet attached
Nick Buckley
Code Enforcement Officer II
Community Development
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E nbuckley@slocity.org
T 805.783.7872
slocity.org
Stay connected with the City by signing up for e-notifications
From: Mezzapesa, John <JMezzape@slocity.org>
Sent: Thursday, March 28, 2024 4:02 PM
To: Buckley, Nick <nbuckley@slocity.org>
Subject: 657 Howard Cost Recovery
Attached is the spreadsheet for calculating cost recovery. You only need to fill in the number of instances for each
activity type and it should total it up automatically.
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
C 805.431.7163
slocity.org
Stay connected with the City by signing up for e-notifications
Type of CostNumber of instancesTime per instance (hr)Hours spentRate$/hrTotalInspection/Site visit 6 1.0 6 $59.34 $356.04 Document Prep 7 0.5 3.5 $59.34 $207.69 Written correspondence 9 0.5 4.5 $59.34 $267.03 Verbal Correspondence 2 0.5 1 $59.34 $59.34 Other 0 $59.34 $0.00 $890.10 TOTAL
1
From:Buckley, Nick
Sent:Monday, February 12, 2024 3:51 PM
To:Zion, Sarah; Code Enforcement
Cc:Mezzapesa, John; White, Kelly
Subject:RE: McLachlan Admin Appeal
Attachments:657 Howard - 2024-2-2 Fourth Admin Citation.pdf
I just realized under the date of violation, I accidentally typed 2023 not 2024 but the date the citation was issued is at
the bottom which is 2/2/2024.
Let me know if this is an issue for the appeal and I can issue a new citation with a corrected date range.
Sincerely,
Nick Buckley
Code Enforcement Officer
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E nbuckley@slocity.org
T 805.783.7872
slocity.org
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From: Zion, Sarah <SZion@slocity.org>
Sent: Monday, February 12, 2024 3:47 PM
To: Buckley, Nick <nbuckley@slocity.org>; Code Enforcement <code@slocity.org>
Cc: Mezzapesa, John <JMezzape@slocity.org>; White, Kelly <kwhite@slocity.org>
Subject: RE: McLachlan Admin Appeal
Could you send me a copy of the citation that was issued on Feb. 2nd?
Thank you,
Sarah Zion
Legal Assistant I
City Attorney's Office
990 Palm, San Luis Obispo, CA 93401-3249
E szion@slocity.org
T 805.783.7856
slocity.org
2
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From: Buckley, Nick <nbuckley@slocity.org>
Sent: Monday, February 12, 2024 3:45 PM
To: Zion, Sarah <SZion@slocity.org>; Code Enforcement <code@slocity.org>
Cc: Mezzapesa, John <JMezzape@slocity.org>; White, Kelly <kwhite@slocity.org>
Subject: RE: McLachlan Admin Appeal
Yes, the invoice number you reference is associated with a citation that was issued on February 2 nd of this year.
Nick Buckley
Code Enforcement Officer
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E nbuckley@slocity.org
T 805.783.7872
slocity.org
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From: Zion, Sarah <SZion@slocity.org>
Sent: Monday, February 12, 2024 3:42 PM
To: Buckley, Nick <nbuckley@slocity.org>; Code Enforcement <code@slocity.org>
Cc: Mezzapesa, John <JMezzape@slocity.org>; White, Kelly <kwhite@slocity.org>
Subject: RE: McLachlan Admin Appeal
Is the invoice 00034623 a citation (something that he could appeal) written February 2nd of this year? If he was issued
a citation 10 days before February 8th then he has a valid appeal, and I want to make sure before communicating.
Sarah Zion
Legal Assistant I
City Attorney's Office
990 Palm, San Luis Obispo, CA 93401-3249
E szion@slocity.org
T 805.783.7856
slocity.org
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From: Buckley, Nick <nbuckley@slocity.org>
Sent: Monday, February 12, 2024 3:37 PM
3
To: Code Enforcement <code@slocity.org>; Zion, Sarah <SZion@slocity.org>
Cc: Mezzapesa, John <JMezzape@slocity.org>
Subject: RE: McLachlan Admin Appeal
If you want the correct invoice numbers I will lest them below.
Second Admin Citation – 00032844 – Issued on 8/2/23
Fourth Admin Citation (Daily for 15 days) - 00034623 – Issued on 2/2/24
Nick Buckley
Code Enforcement Officer
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E nbuckley@slocity.org
T 805.783.7872
slocity.org
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From: Code Enforcement <code@slocity.org>
Sent: Monday, February 12, 2024 3:31 PM
To: Zion, Sarah <SZion@slocity.org>
Cc: Buckley, Nick <nbuckley@slocity.org>
Subject: RE: McLachlan Admin Appeal
Hi Sarah,
00032584: Issued 7/11/23
00033725: Issued 10/31/23
00033623: This is an invoice for a permit, not a citation, at a different address and not billed to Alex
00033228: This is an invoice for a permit, not a citation, at a different address and not billed to Alex
Thank you,
Steve Sheats
Code Enforcement Officer
Community Development
Building and Safety
919 Palm Street, San Luis Obispo, CA 93401-3218
E ssheats@slocity.org
T 805.783.7841
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4
From: Zion, Sarah <SZion@slocity.org>
Sent: Monday, February 12, 2024 2:23 PM
To: Code Enforcement <code@slocity.org>
Subject: FW: McLachlan Admin Appeal
Hello,
I was wondering if I could receive the date for the citation of McLachlan. He wrote on his appeal form 3/30/2023, which
is very far past the 10-day deadline. He wrote several citations as the citation number: 00032584, 0033725, 0033623,
0033228. Please let me know the date of the citation so I know whether to proceed with the appeal or reject based on
lateness. Please let me know if you need more information.
Thank you,
Sarah Zion
Legal Assistant I
City Attorney's Office
990 Palm, San Luis Obispo, CA 93401-3249
E szion@slocity.org
T 805.783.7856
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From: White, Kelly <kwhite@slocity.org>
Sent: Thursday, February 8, 2024 11:31 AM
To: Mezzapesa, John <JMezzape@slocity.org>
Cc: Zion, Sarah <SZion@slocity.org>
Subject: RE: McLachlan Admin Appeal
John – He wrote the citation date as March of 2023. What is the actual date?
Kelly White
Senior Legal Analyst
City Attorney's Office
E kwhite@slocity.org
T 805.781.7060
From: Christian, Kevin <kchristi@slocity.org>
Sent: Thursday, February 8, 2024 11:15 AM
To: City_Attorney <City_Attorney@slocity.org>
Cc: Mezzapesa, John <JMezzape@slocity.org>; CityClerk <CityClerk@slocity.org>
Subject: McLachlan Admin Appeal
Logged and ready for pick-up. Note that the appellant is requesting a formal appeal by the ARB and has provided a
check (not cashed). He informed me that he was directed to this process by John Mezzapesa (copied on this note).
John can supply the back story on this should you need more information.
Kevin Christian
Deputy City Clerk
5
City Administration
City Clerk's Office
990 Palm Street, San Luis Obispo, CA 93401-3218
E kchristi@slocity.org
T 805.781.7104
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From:SLO <noreply@user.govoutreach.com>
Sent:Friday, December 22, 2023 10:55 AM
To:Mezzapesa, John
Subject:Ask SLO Notification of new Request #: 4860
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.
Request # 4860 from the Government Outreach System has been assigned to Code Enforcement.
Request type: Problem
Request area: Unpermitted Construction (Completed)
Citizen name: Anonymous
Description: Photo attached
Location: 657 Howard St, San Luis Obispo
Expected Close Date: December 24, 2023
Click here to access the request
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monitored and will be ignored.
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From:Buckley, Nick
Sent:Thursday, December 28, 2023 8:35 AM
To:Mezzapesa, John
Subject:FW: 657 and 671 Howard St
Attachments:1.jpg
Nick Buckley
Code Enforcement Officer
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E nbuckley@slocity.org
T 805.783.7872
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From: Buckley, Nick
Sent: Thursday, August 10, 2023 11:37 AM
To: Tway, Timothea (Timmi) <TTway@slocity.org>
Cc: Loew, Michael <Mloew@slocity.org>
Subject: RE: 657 and 671 Howard St
The setback violation is related to multiple sheds located in the side setback along the shared property line of
The cumulative fine amount of the first and second admin citation is 600 dollars. The next Admin citation (third
citation) would be a one-time citation of 1000 dollars. The fourth citation would initiate daily fines of up to 1000 dollars
per day.
Photo of the screening is attached.
There are currently no outstanding violations against
Sincerely,
Nick Buckley
Code Enforcement Officer
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
2
E nbuckley@slocity.org
T 805.783.7872
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From: Tway, Timothea (Timmi) <TTway@slocity.org>
Sent: Thursday, August 10, 2023 11:18 AM
To: Buckley, Nick <nbuckley@slocity.org>
Cc: Loew, Michael <Mloew@slocity.org>
Subject: RE: 657 and 671 Howard St
Thank you!
What is the setback violation specifically?
)
Do you have a picture of the resolved screening?
Are there any outstanding code enforcement complaints against at this time?
Thanks!
Timothea (Timmi) Tway
Director of Community Development
Community Development
919 Palm, San Luis Obispo, CA 93401-3249
E TTway@slocity.org
T 805.781.7187
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From: Buckley, Nick <nbuckley@slocity.org>
Sent: Thursday, August 10, 2023 11:05 AM
To: Tway, Timothea (Timmi) <TTway@slocity.org>
Cc: Loew, Michael <Mloew@slocity.org>
Subject: 657 and 671 Howard St
Greetings,
The following is a somewhat brief history of facts regarding the code enforcement investigations at 657 and 671
Howard St. There are obviously many other layers of history and context related to these two properties which are not
outlined. Please let me know if you would like me to expand or include added context.
671 Howard
- Complaint received for unpermiƩed construcƟon from
3
- Code enforcement confirmed the violaƟon and NOV sent for unpermiƩed remodel of ADU at 667 Howard in October 2022
- Permit issued in January 2023 and finaled in April 2023.
- Received mulƟple addiƟonal complaints from through the next several months regarding various
issues. Some of which were confirmed violaƟons which were resolved quickly by Zach Moody.
- During the permit process, Zach Moody disputed some of the permit fees. The dispute was invesƟgated by staff and a
parƟal refund of code enforcement fees was granted.
- submiƩed mulƟple complaints to the city between January 2023 and July 2023 regarding various issues across
the city including people sleeping in bus stops, wall/fence heights (including the fence height at the police sta Ɵon), signs,
etc.
657 Howard
- Complaint received from alleging mulƟple code violaƟons in December 2022.
- Site inspecƟon rest sent to Alex Mclachlan in Dec 2022.
- Code enforcement was iniƟally informed the inspecƟon would be granted but permission was later rescinded, and
inspecƟon was conducted from the right of way.
- NOV sent in January 2023 for setback, fence height, and screening.
- Admin citaƟon sent in March 2023.
- Counter visit between J. Mezzapesa and Alex Mclachlan. ViolaƟon of screening was deemed resolved. Admin citaƟon was
voided, and extension given to resolve violaƟons of fence height and setback.
- Alex Mclachlan expressed his desire to appeal any future citaƟons during that counter visit. To date, no appeals have been
received by CDD.
- Property owner resolved fence height violaƟon. Setback violaƟon remains.
- MulƟple addiƟonal counter visits and emails from alleging addiƟonal complaints which were not confirmed by
code enforcement.
- First and second admin citaƟon sent in July and August respecƟvely for the remaining violaƟon of setback requirements.
- Throughout the invesƟgaƟon has expressed his displeasure that the remaining violaƟon has not been
resolved. In response, the administraƟve enforcement process was explained to him by staff as well as Michael Codron and
Michael Loew.
Sincerely,
Nick Buckley
Code Enforcement Officer
Community Development
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E nbuckley@slocity.org
T 805.783.7872
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1
From:Buckley, Nick
Sent:Tuesday, June 25, 2024 2:14 PM
To:Loew, Michael
Cc:Mezzapesa, John
Subject:657 Howard - DEMO-0959-2024
Greetings Mike,
I confirmed the shed have been moved out of the setback and signed off on the inspection card. When you get a
chance can you final the permit in Energov?
Nick Buckley
Code Enforcement Officer II
Community Development
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E nbuckley@slocity.org
T 805.783.7872
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From:Zachary Moody <
Sent:Thursday, December 21, 2023 1:11 PM
To:Stanley, Erin
Subject:Re: 667 Howard Finaled
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Perfect, thank you Erin and happy holidays!
On Dec 21, 2023, at 9:47 AM, Stanley, Erin <EStanley@slocity.org> wrote:
Hi there,
I just helped you at the front counter. I asked our inspector and found a better document for you. The
document attached is what our inspectors use when people inquire about final documentation. I just
thought this was better than what I gave you. I hope this helps!
Happy holidays.
Thank you,
Erin Stanley
Permit Technician I
<image001.png>
Community Development
E EStanley@slocity.org
T 805.781.7159
slocity.org
<image002.png><image003.png><image004.png>
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<BLDG-0516-2023 PERMIT DETAILED REPORT.pdf>
1
From:Mezzapesa, John
Sent:Tuesday, April 23, 2024 9:38 AM
To:Alex Mclachlan
Cc:Buckley, Nick
Subject:RE: Paperwork
Attachments:657 Howard 2024-04-17 Abatement agreement Signed.pdf
HI Alex,
I apologize for the delayed response. We received the signed abatement agreement and I see in the system that you
have a permit issued for the removal of the sheds. With these items taken care of, we just need payment of the
$890.10 cost recovery fee and, once the work is completed, an inspection with Nick to verify that the sheds have been
sufficiently removed from the setback. You can call Nick at 805-783-7872 when you are ready to schedule an
inspection. If the permit is finaled by July 31, 2024, and the cost recovery fees are paid, you will be in compliance with
the abatement agreement and all additional fines will be waived.
The cost recovery fees can be paid online with a debit/credit card using this link:
https://infoslo.slocity.org/EnerGov_Prod/selfservice#/payinvoice. Once you click the link, enter invoice number
00035243 (including the zeros). There will then be an option to ‘Pay Now’ on the top left of the screen. If you would
rather pay by cash or check you can do so at the front counter. You will need to provide the front counter gal the
invoice number when you come in. You can also mail a check to our office (919 Palm St. SLO, CA 93401) and we will
get it to the right place – please include the invoice number in the note section of the check.
I have attached a copy of the signed abatement agreement for your records.
Let me know if you have any questions.
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: Monday, April 22, 2024 2:42 PM
To: Mezzapesa, John <JMezzape@slocity.org>
Cc: Buckley, Nick <nbuckley@slocity.org>
Subject: Re: Paperwork
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
A response, please
2
Alex
On Wednesday, April 17, 2024 at 06:55:09 PM PDT, Alex Mclachlan < wrote:
Well Gentlemen,
The best laid plans....etc
Had quite the adventure at the counter today. Partial resolution was attained.
That said, Vanessa was not going to touch the agreement you had set up for Alan and myself. It was her
firm belief that I
needed to speak with you for the intake of paperwork and fees. Sigh! So close yet so far away...LOL
Please let me know how to move forward from here. Tomorrow is booked, but Friday is wide open. Let me
know what
works for you.
Thank you,
Alex McLachlan