HomeMy WebLinkAbout10/22/2019 Item 11, Henry26 September 2019
i DECEIVED
City of San Luis Obispo City Council I S F. P 0 2019
990 Palm Street
San Luis Obispo, CA 93401 ! sw CI fy CLERK
Re: Public Hearing Item #2 —1308 Monterey Appeal
Scheduled 22 October 2019
Dear City Council Members:
As an Owner/Resident on the affected property I am writing to you directly regarding an
upcoming appeal scheduled to be heard by the City Council on 22 October. The pending appeal
has to do with the Santa Cruz Taqueria requesting a 10 pm closing time, which the Planning
Commission ruled was inappropriate in our Mixed -Use environment at 1308 Monterey Street
because of the past excessive negative effect upon residents. Although we respect the
restaurant's right to appeal, we do feel that it would not be appropriate for the City Council to
hear the appeal until the restaurant is able to demonstrate that their activities are in full
compliance with the Laws and Regulations of the City of San Luis Obispo. As of this writing the
following issues still need to be resolved:
® Noise Compliance —Since it opened this restaurant has been operating a rooftop exhaust
fan located next to residences, whose noise level exceeds the maximum permissible
interior sound levels for dwellings, and our units are dwellings. A Notice of Non -
Compliance was issued over three years ago, followed by Administrative Citations every
year or so. Over a year ago some effort was finally undertaken to attempt to reduce the
sound level, but preliminary readings have indicated the fan is still not likely to be in
compliance and may not ever be due to its ill-considered location.
® Administrative Citation Fines —For the unlawful operation of the rooftop fan over a period
of years Administrative Citations were issued with accompanying fines that have yet to
be paid, and the City has made no real effort to collect them. We contend that all fines
related to their unlawful activities should be paid before any appeal is heard.
® Property Damage - For years the restaurant failed to have their grease duct properly
cleaned and as a result adjacent properties were subjected to a constant fall of grease
particles as well as liquid grease flowing down the sides of the shaft and onto the adjacent
property. Thanks to help from City Code Enforcement, the duct cleaning procedures have
improved. However, we submit that it is the restaurant's responsibility to clean up all
residual grease from the properties and common areas, and to repaint areas as required.
In summary, we do not see how the restaurant can presume to seek something additional from
the Law, while consistently failing to honor their responsibilities to the Law. We believe that the
appeal should be deferred until the restaurant is shown to be in full compliance with the Law,
and we submit that to do otherwise the City Council would, in effect, appear to be excusing or
even condoning unlawful behavior.
Furthermore, as you can see by the attached citations this business has been going on for years,
due to inadequate enforcement. We believe that for the City Attorney and Administrators to
deny citizens their rights and protections for such a long period of time is inexcusable. We did
receive a great deal of assistance from dedicated and patient Code Enforcement and Planning
employees, but even their hands were tied, and their time and talents wasted by the failure of
Administrators and the City Attorney to properly address enforcement. The current policy of
inaction, if enforcement is determined to be not in the interest of the City or its Departments, is
contrary to the intent of the Laws and Regulations, which is to extend rights and protections to
citizens. Otherwise why bother to create them? Justice delayed, it is said, is justice denied, and
for the sake of all citizens of this community we submit that it is your duty to inquire into this
policy. Thank you.
Sincerely,
Mark Henry
1308 Monterey Street, Unit 320
San Luis Obispo, CA 93401
Attachments:
Notice to Correct Code Violation, 26 September 2017
Administrative Citation (First), 31 May 2018
Administrative Citation (Second), 18 March 2019
I
Community Development
c,164
Notice to Correct Cole Violation(S)/Notice of Vlolad
(Courtesy Warning Prior to Issuance of Administrative Citation) 04
September 26, 2017
Monterey & Johnson LLC A CA LLC
1308 Monterey Street #230
San Luis Obispo, CA 93401
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SUBJECT ADDRESS: 1308 Montere Stre #140 an Luis Obispo, CA 93401 APN: 001-226-005
Code Case #: CODE -1790-2016
Dear Property Owner,
On August 30, 2017, 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:
L Noise Disturbance —.interior (SL OMC 70[21[all
2 a
"No person shall operate or cause to be operated within a dwelling unit, any source of sound or
allow the creation of any noise which causes the noise level when measured inside of a
neighboring receiving dwelling unit to exceed the noise standard as specified in Table l of this
section far a cumulative period of more than five minutes in any hour. "
A professional noise measurement was done at two residences adjacent to the exhaust equipment
currently in use by Taqueria Santa Cruz Express. The maximum allowable noise level for all
residential dwellings is 45 dBA between the hours of 7:00 am and 10:00 pm, and 40 dBA from
10:00 pm to 7:00 am. At the time of inspection (between 1:00 and 2:00 pm) the dBA level averaged
65.9 near the exterior patio door. As stated in the attached report, with the patio door open (required
for air ventilation) the interior noise level is equivalent to the measured exterior noise level. With
the current noise levels, the restaurant equipment is out of compliance during any hours of use.
2. Noise Disturbance — Exterior SLOMC 9.12.060 2 a
"No person shall cause or allow to cause, any source of sound at any location within the
incorporated city or allow the creation of noise on property owned, leased, occupied or otherwise
controlled by such person, which causes the noise level when measured on any other property,
either incorporated or unincorporated, to exceed the noise standard for that land use as specified
in Table 1 of Section 9.12.070 for a cumulative period of more than thirty minutes in any hour. "
A professional noise measurement was taken at two properties adjacent to the exhaust equipment
currently in use by Taqueria Santa Cruz Express. At the time of inspection (between 1:00 and 2:00
pm) the dBA level averaged between 64.9 and 66.2. The maximum allowable noise level for the
Taqueria's zone is 65 dBA from 7:00 am to 10:00 pm and 60 dBA from 10:00 pm to 7:00 am.
With the current noise levels, the restaurant equipment is out of compliance during any hours of
use.
'LSF- '"�-
Corrective Action. The equipment in -use by the restaurant will need to be relocated, repaired or
replaced in order to come into compliance with dBA requirements. In the case o�'--clocation or
replacement, a permit will be required.
A COPY OF TRIS NOTICE MUST BE ATTA CHED TO ALL APPLICATIONS FOR A
We request that you voluntarily take action to curri set the above doted violation(s) no later thana 4
26, 2017. These violations constitute a public nuisance and must be abated. Failure to correct
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
ref this Notice. This Notice shall he deemed final unless you timely file a Regijest for Director's Review.
We look forward to working with you to resolve these violations and wouid iike to ihank you for your
efforts to maintain your property and to help preserve the safety and beauty of our community. If yota
have questions, please contact the undersigned Officer at (305) 783-7841
Sincerely,
Steve Sheats, Code Enforcement Officer
Cc: File
Enclosures: Request for Directors Review, Noise Measurement Study
75 F _JT
community Development
919 P2Iir Strear. pan Luis 0cispo CA 9.1.401 -321 8
805 '81 7170
X 1-91 Citation 2114 C;stattion
ADDRESS OF VIOLATION: 1308 Montere,
r.¢Qp1&-;,r I,4 A� /tea
Citation No.: 13176
\Del l STRAT9 E C TATION
AND ORDER TO COMPLY WITH
SAN LUIS OWSPO MWCIPAL CODE
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3 rd C a' I0sa „ AddMonal d Daily Fires
o* 9AP*AtRv0-
SLO, CA 93401 APN: 001-226-004
DATE OF VIOLATION: May 31, 2r— 9
NAME: Monterey & Johnson LLC
ADDRESS: 1308 Monterey Street #230, 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§
$100
9.12.070[2][x]
MC§
$100
9.12.060[2][a]
Amount Due (or subtotal if daily fine)
$200
es apply the TOTAL AMOUNT DUE - -4ay -
xxxxxxX
Payment of the fine shall be made by check or money order. 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 the special assessment and lien procedure contained in SLOMC 1.24.140. This may result in
the imposition of a lien or special assessment against the property in the amount of any unpaid fines.
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 thecup�y
for more information.
Mail Appeals to: City of San Luis Obispo, City Clerk
990 Palm Street,S� ui ispo, CA 93401
Issued By: Steve Sheats Signature: Title: Code Enforcement Officer
RELATED CE CASE: CODE -1790-2„D16 DATE CITATION ISSUED: May 31, 2018
TSF - Z
COPYCitation No.: 16435
.. ADMINISTRATIVE CITATION
Community Development AND ORDER TO COMPLY WITH
1 SAN LUIS OBISPO MUNICIPAL CODE
1F-' Citation x 2n,, Citation 3rd Citation Additional / Daily Fines
'fAQcbwtl4 JOAN �&w
ADDRESS OF VIOLATION: 1308 Montere Stree #140, LO. CA 93401 APN: 001-226-005
DATE OF VIOLATION: March 18, 2019 —
NAME: Monterey & Johnson LLC
ADDRESS: 1308 MontereyStreet #230, 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.
DDE SECTION DESCRIPTION OF VIOLATION FINE
C§ 9.12.070[2][a] Noise Disturbance — Interior — $500
C§ 9.12.060[2][a] Noise Disturbance — Exterior $500
Amount Due (or subtotal if daily fine) $1000
l fly F -(A 0. ��,6) X
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. Delinquent fines are also suibject to the special assessment and lien procedure
contained in SLOMC 1.24.150. This may result in the imposition of a lien or special assessment against
the property in the amount of any unpaid fines.
Wail 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 -1790-2016 DATE CITATION ISSUED: March 19. 2019