HomeMy WebLinkAbout280 California Use Permit NOV & Citation Packet 2024-06-19
Declaration of Service and Posting of Notice
SUBJECT ADDRESS: 280 California Blvd, San Luis Obispo, CA 93405
CASE NO.: CODE-000074-2024 Citation No.: 36143 Officer: Steve Sheats
I/we, the undersigned, declare that at all times herein mentioned, I/we were and now are a duly authorized
employee(s) of the Community Development Department, City of San Luis Obispo, State of California; that
pursuant to Section 1.24.050G of the San Luis Obispo Municipal Code (SLOMC), Section 1101.4 of the
Uniform Housing Code, or Section 401.4 of the Uniform Code for the Abatement of Dangerous Buildings, as
adopted by Section 15.02.010 of the San Luis Obispo Municipal Code, I/we deposited in a receptacle for the
U.S. Postal Service, in a sealed envelope, postage prepaid, by regular mail, and/or certified mail, return
receipt requested the following:
A Notice to Correct,
Notice of Violation,
Administrative Citation,
Stop-Work Notice,
Notice of Hearing,
Notice of Proposed Lien,
Notice of Special Assessment
Notifying the owner of the property of the subject address referenced above of violations of the San Luis
Obispo Municipal Code existing on the property and/or of related abatement proceedings.
The above notice was sent to each person having an interest in the property at their respective addresses as
listed in the Notice, and a copy of the notice was posted at the subject address.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this 20th day of June, 2024, San Luis Obispo, California
Officer or clerk effecting service by mail:
Steve Sheats 1155/June 20, 2024
(Print Name) (Signature) (Time/date)
Officer effecting service by posting:
Steve Sheats 0924/June 20,2024
(Print Name) (Signature) (Time/date)
Notice of Violation
June 19, 2024
Manda Properties LLC
% Comet Realty
1110 California Blvd #C
San Luis Obispo, CA 93401
SUBJECT ADDRESS: 280 California Blvd, San Luis Obispo, CA 93405 APN: 052-072-017
Code Case #: CODE-000074-2024
Dear Property Owner,
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. Use Permit Violation (SLOMC 17.76.060)
“It shall be unlawful and a public nuisance for any person, firm or corp oration, owning,
leasing, occupying, or having possession of any private property in the City to maintain such
property in such a manner that any of the following conditions are found to exist thereon:
I. Any violation of the provisions of a minor use permit, conditional use permit,
planned development permit, architectural review approval, variance, or other land use
entitlement or land use permit.”
Condition number twelve (12) listed on the use permit to allow a fraternity at the subject
property indicates “No meetings, parties or other types of activities involving persons other than
residents living on the site shall be allowed between the hours of 10:00 p.m. and 9:00 a.m.”
Police Department records indicate that three citations regarding violations of the city’s noise
regulations were issued after 10:00 p.m. on May 10th, 17th and 31st of 2024. As a result of the
continued violations, citations for each violation are enclosed with this notice.
Additionally, the Community Development Department requests you contact our office to
participate in a meeting to discuss the continuing violations, the potential enforcement action and
the best path forward to avoid further action by the City. We request that you contact the
undersigned officer within 15 days of this notice to coordinate a meeting. If no contact is
received within the requested timeframe, the matter will be forwarded to the Deputy Director of
Community Development to begin the formal process of use permit review. Use permit review
may result in modification or revocation of the currently issued use permit.
We request that you voluntarily take action to correct the above noted violation(s). 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, 919 Palm Street, San Luis Obispo, CA 93406, 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) 783-7841 or ssheats@slocity.org.
Sincerely,
____________________________
Steve Sheats, Code Enforcement Officer
Cc: File
Enclosures: Request for Directors Review, Administrative Citation and Invoice, Administrative Citation
Appeal Form, Original Notice of Violation
REQUEST FOR DIRECTOR’S REVIEW
Person Requesting Review: __________________________________ Phone: ________________
Address: _____________________________________Email: ______________________________
Property Owner: ______ Tenant: _____ Case #: ______________________
Address of alleged violation: _________________________________________________________
Date of Notice to Correct/Violation: ____________________________________________________
Please identify the code violation or interpretation you are contesting. Please provide relevant
information and explain why the alleged violation or interpretation should be reconsidered. You
may attach additional pages, if necessary.
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
I hereby request a review of alleged violation or interpretation by the Community Development Director.
Signature of Appellant: _______________________________________ Date: ______________
Please return form to: City of San Luis Obispo,
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401
or
Email: code@slocity.org
COMPLETED FORM MUST BE RECEIVED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT WITHIN 5 DAYS OF THE DATE OF THE NOTICE TO CORRECT/VIOLATION.
Citation No.: 00036143
ADMINISTRATIVE CITATION
AND ORDER TO COMPLY WITH
SAN LUIS OBISPO MUNICIPAL CODE
1st Citation 2nd Citation 3rd Citation Additional / Daily Fines
ADDRESS OF VIOLATION: 280 California Blvd, San Luis Obispo, CA 93405 APN: 052-072-017
DATE OF VIOLATION: May 10, 2024 / May 17, 2024 / May 31, 2024
NAME: Manda Properties LLC
ADDRESS: 1110 California Blvd #C, 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 § 17.76.060 Use Permit Violation $50
MC § 17.76.060 Use Permit Violation $100
MC § 17.76.060 Use Permit Violation $200
Amount Due $350
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: Steve Sheats Signature: Title: Code Enforcement Officer
RELATED CE CASE: CODE-000074-2024 DATE CITATION ISSUED: June 19, 2024
INVOICE (00036143)
FOR CITY OF SAN LUIS OBISPO
BILLING CONTACT
MANDA PROPETIES LLC A CA LLC % OBISPO
INVESTMENTS INC
1110 California Blvd c
SLO, CA 93401
INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION
00036143 06/19/2024 07/19/2024 NONEDue
REFERENCE NUMBER FEE NAME TOTAL
CODE-000074-2024 NSS 1st Admin Citation $50.00
NSS 2nd Admin Citation $100.00
NSS 3rd Admin Citation $200.00
$350.00 SUBTOTAL280 California Blvd San Luis Obispo, CA 93405
TOTAL $350.00
Page 1 of 1June 18, 2024 City of San Luis Obispo
Administrative Citation Appeal Form
This request to appeal must be received by the City Clerk
within 10 days of date of the citation to be considered timely filed.
Please submit any supporting documents or photos with this form.
Questions about this form or the appeal process?
Contact the City Attorney’s Office at City Hall (990 Palm Street) or (805)781-7140
Revised and Published 7/1/2023
CO
M
P
L
E
T
E
B
O
T
H
S
I
D
E
S
1. Appellant. Name ________________________________________________________________________
Phone ____________________________ Email _________________________________________________
Mailing Address ___________________________________________________________________________
City __________________________________________ State ____________ Zip Code __________________
(If Applicable)
Business Name ____________________________________ Business License # ________________________
2. Interest in Citation. (Place X in front of selection)
____A. Charged personally ____B. Charged as the
owner of the property
____C. Acting as the legally authorized Agent of
the cited business or homeowner
3. Administrative Citation. Date of Citation __________________ Citation Number______________________
Address of property cited or location where an individual was cited:
Citation Address __________________________________________________________________________
Municipal code section(s) violated: ___________________________________________________________
Code violation(s) being appealed: ____________________________________________________________
4. Reason for appeal.
Give a brief statement of why you are appealing and why the notice of violation/administrative citation should be
revoked, modified, or otherwise set aside. The AMOUNT of the fine cannot be reduced on appeal. Attach additional
sheets as necessary. Any documents or photos you wish to submit in support of your appeal should be included
with this form. (number of sheets attached ________)
City of San Luis Obispo, Title, Subti tle
Once filled out entirely and signed, email to CityClerk@slocity.org
or deliver by U.S. Mail or in person to:
City Clerk’s Office, 990 Palm St., San Luis Obispo, CA 93401
Questions about this form or the appeal process?
Contact the City Attorney’s Office at Room 10, City Hall (990 Palm Street) or (805)781-7140
Administrative Citation Appeal Form
CO
M
P
L
E
T
E
B
O
T
H
SI
D
E
S
5. Election of Appeal Process.
Note: All Administrative Citations writt en for violation of Title 15 of the Municipal Code (building and related codes),
even if other code violations are also cited, will be automatically heard by the Construction Board of Appeals. Election
of Hearing Officer review is not valid and a check for the appeal fee must accompany this form.
For Administrative Citations that do not charge a violation of Title 15, you must make a choice of an appeal process.
(1) At no charge, you may choose an expedited, less formal appeal process of review by a Hearing Officer , whose
final decision may be appealed directly to the superior court for de novo review pursuant to Government Code
Section 53069.4. (2) However, if you wish to retain your right to challenge the Administrative Citation, or any final
city action related to the citation, in court by any writ action, you must appeal to the Administrative Review Board
for a more formal, comprehensive hearing to ensure preparation of an adequate administrative record and pay an
appeal fee indicated below.
Only one appeal process may be chosen, and once chosen, the election is final. Failure to make a selection will
result in the appeal being assigned to a Hearing Officer for review an d will constitute a failure to exhaust
administrative remedies for purposes of any subsequently filed writ action.
I have read the above and choose: (Place X in front of selection)
____ A.
$1,339.57 My administrative citation includes a Title 15 violation requiring review by the
Construction Board of Appeals. I have included a check with this form.
____ B.
$350.12 More formal appeal to Administrative Review Board. I have included a check
with this form.
____ C. No charge Expedited appeal to a Hearing Officer.
6. Election to forego an in-person hearing.
It is your right under San Luis Obispo Municipal Code Section 1.24, no matter which appeal process is chosen, to
have an in-person hearing. However, you are under no obligation to appear. If you choose, you may select to have
your appeal reviewed on the record (all documents, pictures, etc. submitted by yourself or the City).
I want my appeal heard on the record, so I do not need to appear □
7. Truth of Appeal. I declare under penalty of perjury that all of the facts stated in this appeal are true and
that this appeal form was signed on: ________________ at ________________________, __________
Date City State
If different from the address in Paragraph 1, the official mailing address to receive further notices from City
relating to the appeal is:
_________________________________________________________________________________________
Street Address City State Zip
______________________________________ __________________________________________
Signature of Appellant Print name of Appellant
Notice to Correct Code Violation(s)/Notice of Violation
(Courtesy Warning Prior to Issuance of Administrative Citation)
March 13, 2024
Manda Properties LLC
% Comet Realty
1110 California Blvd #C
San Luis Obispo, CA 93401
SUBJECT ADDRESS: 280 California Blvd, San Luis Obispo, CA 93405 APN: 052-072-017
Code Case #: CODE-000074-2024
Dear Property Owner,
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.Use Permit Violation (SLOMC 17.76.060)
“It shall be unlawful and a public nuisance for any person, firm or corp oration, owning,
leasing, occupying, or having possession of any private property in the City to maintain such
property in such a manner that any of the following conditions are found to exist thereon:
I.Any violation of the provisions of a minor use permit, conditional use permit,
planned development permit, architectural review approval, variance, or other land use
entitlement or land use permit.”
Condition number five of the use permit associated with the property indicates “Use permit shall
be reviewed by the Planning Commission at any time, if any reasonable written citizen or Police
Department complaint is received by the city. In review of the use permit, the Planning
Commission may add, delete, or modify conditions of approval or may revoke the use permit.”
Police Department records indicate that six citations were issued at the property in 2023 for noise
violations. Due to the multiple, confirmed noise violations and the impact to the surrounding
area, Code Enforcement staff will be recommending review of the use permit to the Deputy
Director of Community Development. A determination made by the Deputy Director that the
evidence submitted warrants review, modification, or revocation of the current use permit by the
Planning Commission will be followed by notification to the property owner and other
responsible parties.
We request that you voluntarily take action to correct the above noted violation(s). Immediate
compliance is required. 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.
COPY
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, 919 Palm Street, San Luis Obispo, CA 93406, 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) 783-7841 or ssheats@slocity.org.
Sincerely,
____________________________
Steve Sheats, Code Enforcement Officer
Cc: File
Enclosures: Request for Directors Review
COPY
)
)
RESOLUTION NO. 5189 (1983 SERI.ES)
A RK::;SOLUTION OP 'J.'HE COUNCIL OF THE Cl.TY OF SAN WIS OUISPO
DEl.'fl;r.NG AN AP PKAL foJS:D UPHOL.OHITG A Pf4Ad1NING COMMISSION ACTION
TO .il..P�'ROVE URE PERMIT REQUEST ALLOWING A F'RA'I:BRNIT.t HOUSi::
ALPnA EPSILON l?l AT WO CAJ..,IFO!RNIA &(li!H,iZi!ARn