HomeMy WebLinkAboutCBOA-03-21RESOLUTION NO. CBOA-03-21
A RESOLUTION OF THE CONSTRUCTION BOARD OF APPEALS OF
THE CITY OF SAN LUIS OBISPO, CALIFORNIA, GRANTING THE
APPEAL OF ROBIN ROSSI AND JOHN KING, ON BEHALF OF 1035
MONTEREY INVESTORS LLC, AND REVOKING ADMINISTRATIVE
CITATION NO. 25101.
WHEREAS, the Construction Board of Appeals of the City of San Luis Obispo conducted
a public hearing via teleconference at 1:00 p.m. on August 16, 2021, on the appeal of Robin Rossi
and John King of Administrative Citation No. 25101 issued to the 1035 Monterey Investors LLC
(the “Appellant”) on June 21, 2021, for violations of Municipal Code 15.02.010 and California
Building Code Section 11B-208.2 (the “Administrative Citation”); and
WHEREAS, California Building Code Section 11B-208.1 provides that “where parking
spaces are provided, parking spaces shall be provided in accordance with Section 11B-208.” (Cal.
Building Code § 11B-208.1);
WHEREAS, California Building Code Section 208.2 further provides that parking spaces
shall be provided in accordance with Table 11B-208.2, which requires that parking facilities with
one (1) to 25 total spaces must provide at least one (1) accessible parking space. (Cal. Building
Code § 11B-208.2; Table 11B-208.2);
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 Construction Board of Appeals of the City of San Luis Obispo (the
“Board”) duly considered all documents and information, including the Administrative Citation;
the City’s staff report and accompanying presentation; the Appellant’s appeal; oral argument by
the Appellant’s representative; all written or other evidence; and evaluation and recommendations
by staff presented at such hearings.
NOW, THEREFORE, BE IT RESOLVED by the Construction Board of Appeals of the
City of San Luis Obispo as follows:
SECTION 1. Findings. The Construction Board of Appeals finds:
1. The above statements are true.
2. The names of all people participating in the hearing and their capacity:
a. Appellant: 1035 Monterey Investors LLC;
b. Representative of the Appellant: Robin Rossi (“Designated Representative”);
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Resolution No. CBOA-03-21 Page 2
c. City staff: Mark Amberg, Assistant City Attorney, legal advisor to City Code
Enforcement staff; Markie Jorgensen, Assistant City Attorney, legal advisor to the
Board; Rodger Maggio, Fire Marshal/Chief Building Official, liaison to the Board;
Cassia Cocina, Code Enforcement Supervisor; and Steve Sheats, Code
Enforcement Officer;
d. Witnesses (either for or against appellant): none.
3. The hearing was recorded by audio and video recording, and such recordings are in the
custody of the City of San Luis Obispo Clerk’s Office.
4. The Appellant or Designated Representative was present for the public hearings.
5. Pursuant to Municipal Code Section 1.24.110(E), the Board received the Administrative
Citation and supporting information (documents, exhibits, or materials prepared by City
staff) concerning the Appellant’s violation of San Luis Obispo Municipal Code Section
15.02.010 (for violation of California Building Code Section 11B-208.2) as prima facie
evidence of the Appellant’s code violation and of the facts stated in such documents.
6. The following submissions were submitted to the record, including, but not limited to
photographs, drawings, and documents:
a. Appellant’s Administrative Citation Appeal Form, dated June 30, 2021;
b. City staff report dated August 5, 2021 and accompanying Attachments 1-16.
7. The Board has decided to revoke the Administrative Citation issued to Appellant for
violation of San Luis Obispo Municipal Code Section 15.02.010 (for violation of California
Building Code Section 11B-208.2).
8. The Board found the following information credible in support of its decision to revoke the
Administrative Citation and grant the appeal:
a. San Luis Obispo Municipal Code Section 15.02.010 incorporates by reference the
California Residential Code and California Building Code into the City’s Municipal
Code.
b. Appellant owns a parking lot located at 1035 Monterey Street, San Luis Obispo,
California that is rented on a per space basis to individual tenants and is not
associated with any required parking of an adjacent business (the “Lot.”)
c. The Lot has approximately 13 parking spaces and presently no accessible parking
spaces.
d. The Board concludes that the Lot is not required to provide an accessible parking
space in accordance with California Building Code Section 11B-208.2 because
when the Lot was constructed, provision of an accessible space was not required,
and there has not been a subsequent modification to the Lot sufficient to require
compliance with current California Building Code requirements set forth in Section
11B-208.2.
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e. The Appellant provided evidence relating to the history of the Property, its
occupancy, and its previous and current use sufficient to rebut the City’s prima facie
evidence of a violation of Chapter 15.02.010 of the San Luis Obispo Municipal
Code (for violation of California Building Code Section 11B-208.2).
SECTION 2. Action: Based on the above findings, documentation, and information
submitted in support thereof, the Construction Board of Appeals does hereby grant the appeal of
1035 Monterey Investments LLC and revokes the Administrative Citation.
Upon motion of Board Member Vessley, seconded by Board Member Wiedeman, and on
the following roll call vote:
AYES: Board Member Wiedeman, Board Member Graves, Board Member
Vessley, and Vice Chair Eckrich;
NOES: Chair Dilworth;
ABSENT: Board Member Martinez and Board Member Garza
The foregoing resolution was adopted this 14th day of September 2021.
____________________________________________________
Niel Dilworth, Chairperson Date of Signature
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9/27/2021 | 11:12 AM PDT