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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”); DocuSign Envelope ID: CD975B6E-4E44-44D2-92B4-4B6BE1437AA5 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. DocuSign Envelope ID: CD975B6E-4E44-44D2-92B4-4B6BE1437AA5 Resolution No. CBOA-03-21 Page 3 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 DocuSign Envelope ID: CD975B6E-4E44-44D2-92B4-4B6BE1437AA5 9/27/2021 | 11:12 AM PDT