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HomeMy WebLinkAbout6/3/2025, Item 5h, Tway, Munoz-Morris, and Mezzapesa - Staff Agenda CorrespondenceCity of San Luis Obispo, Council Memorandum City of San Luis Obispo Council Agenda Correspondence DATE: June 3, 2025 TO: Mayor and Council FROM: Timmi Tway, Community Development Director Prepared By: Gabriel Munoz-Morris, Supervising Civil Engineer John Mezzapesa, Code Enforcement Supervisor VIA: Whitney McDonald, City Manager SUBJECT: ITEM 5h – FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2428 PHASE 3 – A RESIDENTIAL SUBDIVISION AT 3000 CALLE MALVA Staff received correspondence from community members regarding parking on private drive lanes and enforcement of HOA regulations in the subdivision. The questions/comments are below in bold with staff’s response shown in italics: 1) I am a homeowner in Toscano and writing in regarding the agenda item of FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2428 PHASE 3 – A RESIDENTIAL SUBDIVISION AT 3000 CALLE MALVA According to section D “Code Enforcement Compliance and HOA enforcement”, I have had an ongoing issue with the area in front of my home illegally declared a parking spot by the HOA and violating the Tract map 2428. This has been happening since the beginni ng of 2025 when the HOA wrote new parking rules. On May 13th 2025, John Mezzapesa from the City of SLO wrote me and stated that the City had reviewed this and there was no parking in front of my home 3061 Cortuna Dr. I am asking the City Council to please enforce this code enforcement compliance and ask the HOA to immediately change the parking rules in accordance with the Code Enforcement findings. As a homeowner in San Luis Obispo, I hope the City Council can see that passing this acceptance is directly related to the HOA enforcing all city codes and having the rules of the HOA be legal and abiding to the Tract Map 2428 Phase 3 acceptance. ITEM 5.h – FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2428 PHASE 3 – A RESIDENTIAL SUBDIVISION AT 3000 CALLE MALVA Page 2 As discussed in the staff report and attachments, the issue of parking within the Toscano neighborhood is an HOA enforcement/Code Compliance issue that is unrelated from the action by Council on this item. Acceptance of the improvements by Council tonight does not impact the HOA’s responsibility to adhere to the development’s conditions of approval or their CC&Rs. Acceptance of the improvements by the Council also does not limit or impact the City’s ability to enforce municipal code requirements, CC&R requirements, or project-specific conditions of approval. Code Compliance staff met with HOA board members on May 20, 2025 at the project site to discuss parking and other ongoing enforcement matters. Code Compliance will be sending a communication to the HOA that outlines their obligation to enforce regulations and also ensures that their regulations (such as where parking can occur) are compliant with City regulations and project approvals. The Code Enforcement Division will continue to work with the HOA and residents to ensure that all provisions and rules within the CC&R’s are consistent with the conditions set forth via city approval of the planned development. 2) I believe the adoption of this resolution is long overdue. That said, I would like to comment specifically on Items 21, 22, and 23 of the “Tract 2428 -3 Table of Resident Concerns — Responsible Party — Responses.” It is my understanding that the HOA Board is currently in violation of certain municipal codes associated with the conditions of map approval, particularly with respect to parking. I also understand that Code Enforcement is working with the Board to bring these matters into compliance. In my opinion, the existence of a Homeowners Association does not relieve Code Enforcement of its responsibility to enforce municipal codes—even if some of these issues were missed in previous planning stages. I want the City Council to be fully aware of these ongoing issues and to maintain active oversight by working with City staff to ensure these deficiencies are brought into compliance with both the conditions of map approval and applicable municipal codes. I feel strongly that this tract—like any other within the City—must be held to the same standards of municipal code compliance. The HOA Board’s unwillingness to enforce its CC&Rs, even when they mirror municipal requirements, should not be a barrier to code enforcement, especially when those provisions were originally mandated as part of the map approval process. Thank you for your attention to this matter. ITEM 5.h – FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2428 PHASE 3 – A RESIDENTIAL SUBDIVISION AT 3000 CALLE MALVA Page 3 As discussed in the staff report and attachments and answer to the question provided above, the issue of parking within the Toscano neighborhood is an HOA enforcement/Code Compliance issue that is unrelated from the action by Council on this item. Acceptance of the improvements by Council tonight does not impact the HOA’s responsibility to adhere to the development’s conditions of approval or their CC&Rs. Acceptance of the improvements by the Council also does not limit or impact the City’s ability to enforce municipal code requirements, CC&R requirements, or project-specific conditions of approval. Code Compliance staff met with HOA board members on 5/20/2025 at the project site to discuss parking and other ongoing enforcement matters. Code Compliance will be sending a communication to the HOA that outlines their obligation to enforce regulations and also ensures that their regulations (such as where parking can occur) are compliant with City regulations and project approvals. Regarding enforcement authority and responsibility, the HOA board members have a fiduciary duty and a legal obligation to act in good faith and in the best interests of the HOA and its members. This encompasses the duty to act within the scope of authority. While the board cannot make decisions or take actions that are beyond their authority, board members must act within the powers granted to them by the association's governing documents and relevant laws. This authority extends to the enforcement of all provisions and rules within the CC&R’s consistent with the conditions set forth via city approval of the planned development. Several provisions within the CC&R’s share common goals with city ordinances. While the city reserves the right to enforce these overlapping regulations, the governing documents of the HOA require that the board utilize the enforcement processes provided in the CC&R’s. City staff will continue to work with the HOA board members to clarify roles and responsibilities regarding enforcem ent of several regulations with the goal of working together to manage identified violations.