HomeMy WebLinkAbout1150 Laurel 2025-04-03 Appeal to CBOARevised and Published 2/0s/2024
a�Appeal to Construction Board of Appeals
�_----+ �� oval crust be recei ie:a by the Chief>_ailin?� 'Official within 1Q
.-i i s 1 _i' =st to v
':Lays of date 1 tr:s associated Notice toff be considered timeiy file 1.
Piaase u/(ijrR't a"r o:li7iiF6 Cj GrCiCLlrnents or o rtos wtii tMs f{ rir,,'.
1. Appellant. Name _ Laurel Creek, LP
Phone 805-965-2100 Email psmith@westpacinv.com
Mailing Address 505 Bath Street
c ty
Santa Barbara state CA Zip Code 93101
(If Applicable)
Business Name Business License ff
2. Interest in Notice & Order. (Place X in front of selection)
LI-A. Charged personally EB. Charged as the LC. Acting as the legally authorized Agent of
owner of the property the cited business or homeowner
3/10/2025 CODE-000007-2025
3. Notice &Order. Date of Notice Code Case Number
Address of property noticed:
1150 Laurel Lane, San Luis Obispo, CA 93401
San Luis Obispo Municipal Codes 15.02.130
Code violation(s) being appealed:
International Property Maintenance Codes 111.1.1, 111.1.3, 111.1.4,
_and 111.1.5-
4. Reason for appeal.
Give a brief statement of why you are appealing and why the notice & order should be revoked, modified, or
otherwise set aside. 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 37 ).
An application for appeal shall be based on a claim that the true intent of the code or the rules legally adopted
thereunder have been incorrectly interpreted, the provisions of the code do not fully apply or an equivalent
or better form of construction is proposed. The board shall not have authority to waive requirements of the code
or interpret the administration of the code.
ed letter
Questions about this form or the appeal process"?
Contact the Chief Building Official at the Community Development Department
(919 Palm Street) or (805)781-7157
Appeal to Construction Board of Appeals
;• ;li' i
•. Questions about this form or the appeal process?
Contact the Chief Building Official at the Community Development Department (919 Palm
Street) or (805)781-7157
S. Appeal Process.
Per the International Property Maintenance Code Section 107, appeals will be heard by the Construction Board of
Appeals, whose final decision maybe challenged by writ to the superior court.
Appeal before the Construction Board of Appeals must be accompanied by payment. The fee for appeal is
$1,106. If the Board makes a determination that the appealed violations listed in the associated Notice &
Order was applied or interpreted in error, the fee will be refunded. Please indicate form of payment below.
Failure to make a selection will result in rejection of the appeal.
I have read the above and choose: (Place X in front of selection)
FIA I have included a check for $1,106 with this form.
JK I request to pay by credit/debit card. Please send an electronic invoice in the
B. amount of $1,106 to my email at henryburrows@westpacinv.com
I understand that if payment if not made within 5 days of receiving the
requested invoice, the appeal will be rejected.
6. Election to forego an in -person hearing.
It is your right 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: �3 � at �— 1 �syp/Slid
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
?K
Signature of Appellant Print name of Appellant,,�y.i
Email to:
code@slocity.org
X7
Mail or Deliver in person to:
Chief Building Official, 919 Palm St., San Luis Obispo, CA 93401
LAUREL CREEK, LP
TO: San Luis Obispo Construction Board of Appeals
FROM: Patrick Smith, on behalf of Laurel Creek LP
DATE: March 19, 2025
RE: Notice and Order — Code Case # CODE-000007-2025
Dear Construction Board of Appeals,
We are writing to formally appeal the Notice & Order issued on March 10, 2025, regarding the ongoing
construction at 1150 Laurel Lane. The Notice & Order cites life safety concerns as the primary reason for
the vacate order, which has had a significant impact on the tenants of the building. While we recognize
the importance of addressing life safety issues, we respectfully request that the City allow for a more
reasonable path forward that mitigates hardship to tenants while still addressing any legitimate safety
concerns raised.
Below are the specific issues identified in the Notice & Order, and our responses to the concerns raised:
Structural Integrity of the Building: The Notice & Order states that the structural integrity of
the building has been compromised and is unsafe for occupancy. We respectfully assert that this
conclusion was reached without any third -party structural engineer's review to confirm this
assumption. In fact, the building has not been structurally compromised, as evidenced by a letter
from the property's structural engineer (Ashley & Vance Engineering), which was provided to the
Chief Building Official on March 7, 2025, prior to the delivery of the Notice & Order, and is
attached as part of this appeal.
Following receipt of the Notice & Order, we promptly reiterated the structural engineer's findings
in a letter that was sent to both the Chief Building Official and City Manager on March 12, 2025.
We were advised on March 14, 2025, that the Chief Building Official dismissed the engineer's
confirmation, citing that the removal of the exterior fagade "typically" impacts the structural
integrity. We respectfully request that the City consider a more thorough approach, either by
engaging the project's structural engineer, who is familiar with the building and communicates
regularly with the City, or by commissioning an independent evaluation to address any concerns.
The historical building plans dated back to 1957 are also attached to this appeal for your
reference.
2. Fire Separation & Means of Egress: The work to complete the fire separation and means of
egress are part of the work to be completed under the open building permits in the warehouse
area, and is a minimal amount of work that is scheduled for completion within the next 60 days.
We acknowledge that this work still needs to be completed, but believe that there must be a more
reasonable approach to ensuring safety of the tenants in the meantime besides forcing the tenants
to vacate the building. These permits were re-issued/opened and paid for on 1/22/2025. Please see
attached.
Temporary Certificates of Occupancy: We are aware that Temporary Certificates of
Occupancy have run for a period of multiple months if not years throughout the City of San Luis
Obispo. We believe that there must be a more reasonable approach to ensure tenant and employee
safety while this important work is completed, rather than requiring tenants to vacate the
building. These permits were re-issued/opened and paid for on January 22, 2025 (see attached),
and we have continued to make progress on these critical safety improvements. We request that
the city allow accommodation permitting tenants to remain while this work is completed.
Additionally, the office space leased to SLO City Church has historically been office space and
wasn't subject to a TCO (see attached building plan on file with the city from 2003), and the
Bang the Drum premises have received a full Certificate of Occupancy, not a TCO. Accordingly,
we respectfully request that this be taken into account in regards to these two tenants, as these
spaces do not have expired TCOs.
We have been informed by the Chief Building Official that tenants whose primary use of the building is
for warehouse space, with ancillary office areas, are permitted to continue occupying the premises. This
applies to two tenants, Ernest Packaging and Empire Electric. While we are grateful that these tenants are
not being disrupted by the Notice & Order, this situation raises a concern regarding the overall safety
assessment of the building. If the building is deemed unsafe, it is unclear why certain tenants are allowed
to remain while others are required to vacate. We respectfully ask for clarification on the criteria being
used to determine which areas of the building are deemed safe for occupancy and which are not.
Request for Relief and Path Forward
While we fully understand and support the City's commitment to safety, we urge the City to consider a
more balanced approach to addressing these concerns. The vacate order is causing significant hardship to
the tenants whose livelihoods depend on their businesses remaining open. As an example, tenants like
SLO City Church, which have recently expanded their services to provide care for special needs children
and contributes over $100,000 annually to help provide food, rent assistance, housing, and so much more
to people within our city. Tenants like Cal Fire, who plays a critical role in saving lives and protecting our
community from destruction, which operation may face disruption under the vacate order that could
severely hinder their operations. Similarly, businesses like Office Hours, that create a welcoming office
space for all to launch new businesses, receive coaching, and create an environment of job creators, and
Bang the Drum, which is a vital part of our community, not only as a thriving business but also as an
inclusive cultural hub. As an establishment, Bang the Drum has earned a reputation as an iconic gathering
space that supports and celebrates diversity, particularly for the LGBTQ+ community and other
marginalized groups.
We ask for the City's understanding of the economic and social impact that this vacate order is having on
these tenants and their communities. We are committed to making the necessary improvements to the
building to address all safety concerns and have already invested over $1 million in the last 3 months to
ensure compliance.
We also wish to highlight that this project is in alignment with the City of San Luis Obispo's pro -housing
stance and its ongoing efforts to address the community's housing needs. The ongoing construction at
1150 Laurel Lane is a crucial part of the broader goal to expand housing availability and support the
City's efforts to increase both residential and commercial spaces. By continuing with this project, we are
working to create a more vibrant, inclusive community that supports not only business growth but also
residential development in line with the City's housing objectives. We are committed to meeting the
City's standards while contributing to its long-term vision for sustainable growth and housing solutions.
We respectfully request that the City consider the broader benefits of this project and the potential for
continued progress toward these shared goals as part of the appeal process.
We request that the City revoke the vacate order to allow us to continue working with the Chief Building
Official to complete work related to safety concerns, while simultaneously enabling tenants to remain in
operation. We appreciate the City's dedication to ensuring the safety and wellbeing of our community and
look forward to working together to find a reasonable and fair solution. We are confident that, through
continued collaboration, we can resolve the issues outlined in the Notice & Order while minimizing
unnecessary disruption to businesses and individuals who rely on the services provided at 1150 Laurel
Lane.
Thank you for your time and consideration.
Patrick Smith
Authorized Agent, on behalf of Laurel Creek LP
From: Loew, Michael Mloew@slocity.org
Subject: RE: Laurel as -built cross bracing review
Date: March 7, 2025 at 3:42 PM
To: Chuck Braff chuck@westpacinv.com
Cc: Tway, Timothea (Timmi) TTway@slocity.org
Thanks Chuck,
See you at 2pm on Monday.
Michael Loew
Deputy Director/Chief Building Official
Community Development
E Mloew@slocity.org
T 805.781.7157
s�.Org
'o0�.®
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Friday, March 7, 2025 2:44 PM
To: Loew, Michael <Mloew@slocity.org>
Subject: Fwd: Laurel as -built cross bracing review
': °This message is from an External Source. Use caution when deciding to open attachments, click
1.�links, or respond.
Following up on our conversation yesterday afternoon. Please find below an email
from our structural engineer after his review of the cross bracing/ structure. In short,
the structural elements of the building remain intact and have not been altered/
removed.
I also wanted to add that I have been addressing concerns raised by tenants over
the past two days. HASLO informed me that they have vacated the building, stating
that a city official advised them the building was unsafe to occupy due to "structural
issues." They also mentioned that the City is expediting their relocation to an
alternative space in an effort to help them out. A second tenant shared that the first
was leaving (water cooler talk) and asked if they should be leaving as well.
We are working diligently on the fire line. Ownership has spent over 1 MM in the
past two months funding work per our outlined schedule shared with you previously.
We would like to be moving faster. This is a complicated process and I think we'll
see work in place moving quickly again now that much of the management legwork
has been completed. Our focus has been on the fire line and now that that it is
mostly lined out for the work to be installed we are transitioning our energies to the
interior AMMR scope.
Thank you again for being patient and we are looking forward to completing the
work. See you Tuesday at 2pm for our site walk. If the time needs to change please
just call and I will make sure to be there (I pick up my son at 250pm but can come
back to site immediately following).
Chuck Braff
M:310.990. 0N)'1
Begin forwarded message:
From: Truitt Vance <truitt@ashleyvance.com>
Subject: Laurel as -built cross bracing review
Date: March 7, 2025 at 9:41:21 AM PST
To: Chuck Braff <
Cc: Laurel Creek <laurel_creek@ashleyvance.com>
Chuck,
As you requested I reviewed the existing as -built plans and confirmed
the bracing locations shown on the original structural drawings (For
Construction, March 25, 1957, S-4) are also still in place in the field,
based on a recent photo review.
If it helps with some of the confusion you relayed to me, there was never
any similar bracing designed in the transverse, or short direction of the
building. The lateral system in this direction utilized at the time was a
combination of fixed truss to column as well as fixed base details (S-6)
on the columns. The concrete wall panels that were partial height and
that were removed during construction were not contributing to the
lateral stability of the building in any way. The design of the new
improvements were to be structurally independent of the building and do
not rely on the building for support, not contribute to it's seismic load.
If you or anyone else has any other questions please let me know.
Tru itt
1Yvitt
Vance,
PE
805.592.2401
805.545.0010 x112
1229
Carmel I
San Luis Obispo, CA 99999
w%vNv.ashlcvvancc.com
From: Loew, Michael <Mloew@slocity.org>
Sent: Friday, March 14, 2025 9:53 AM
To: Jonathan Branoff; Tway, Timothea (Timmi)
Cc: Patrick Smith; Robert Barnes; Symens, Sadie
Subject: RE: Laurel Creek - Response to Notice and Order CODE-00007-2025
Dear Patrick Smith,
I am writing to clarify the purpose and accuracy of the Notice and Order (CODE-00007-2025) issued for the
Laurel Creek Property on March 10, 2025.
The Notice and Order deems portions of the building dangerous due to unauthorized use of spaces without
valid certificates of occupancy. In addition, the units and suites referenced in the Notice each require an
associated Tenant Improvement building permit. While the owner has recently obtained reissued permits for
certain required work, both the temporary certificates of occupancy (TCOs) and the related Tenant
Improvement permits have expired, meaning the units were not authorized for occupancy at the time the
Notice was issued. The Corrective Action component of the Notice properly states that permits must be
maintained in an "Issued" status.
Regarding the structural bracing issue, while we acknowledge receipt of the email from Ashley Vance dated
March 7, 2025, this email does not constitute sufficient evidence to refute the City's findings or its decision to
issue the Notice and Order due to multiple observed defects. The analysis referenced in the letter was based
on a review of unidentified past plans and photographs rather than an in -person site assessment or an official
structural analysis of the current conditions. Neither the plans nor the photographs reviewed were provided to
the City. Given that exterior walls typically provide shear bracing and many have been removed leaving the
structure exposed to the exterior elements, and absent further demonstrated evidence to the contrary, the City
maintains its determination that the structural integrity of the building has been diminished. This contributes, in
part, to the City's conclusion that the identified units are unsafe to occupy because required work related to
building permits BLDG-2361-2020 and BLDG-0813-2021 has not been completed by the property owner.
Additionally, the Notice does not revoke certificates of occupancy; rather, it notifies the owner that the
previously issued TCOs have expired. Occupying the building under expired TCOs constitutes noncompliance,
and the City has escalated enforcement accordingly. Therefore, at this time and for the reasons stated herein,
the City declines your request to rescind the Notice. Please refer to the Notice for additional information on
required action and the appeal process.
Deputy Director/Chief Building Official
CITY OF
SRIR LUIS OBISPO
Cornnnunity Development
E Mloew@siocity.org
T 805.781.7157
6101--y . (_ .
no a
Stay connected with the City by signing up for e-notifications
BILLING CONTACT
LAUREL CREEK LP
INACTIVE
505 BATH St
SANTA BARBARA, CA 93101
Payment Date: 01/22/2025
Reference Number Fee Name
Transaction Type Payment Method
GN'1 Y
✓i O
C<<1 s o
Amount Paid
BLDG-2361-2020
Permit Reissuance Fee-BLDG
Fee Payment
Check 41425
$171.00
Supplemental Inspection (Building) - BLDG
Fee Payment
Check t#1425
$1,295.00
1150 Laurel Ln San Luis Obispo, CA 93401 SUB TOTAL
$1,466.00
TOTAL
$1,466.00
January 22. 2025 1:39 PM City of San Luis Obispo Page 1 of 1
BILLING CONTACT '��}.. �i �•
Laurel Creek LLCM
Patrick Smith � � ! r r 4
1150 Laurel Ln a
San Luis Obispo, CA 93401 ' �`
Payment Date 01122/2025
Reference Number roe Name
Transaction Type Payment Method Amount Paid
GRAD-0827-2020
Permit Reissuance Fee-BLDG
Fee Payment
Check #1425
$171.00
Supplemental Inspection (Building) - BLDG
Fee Payment
Check #1425
$518.00
1150 Laurel Ln San Luis Obispo, CA 93401 SUB TOTAL
$689.00
TOTAL
$689.00
January 22, 2025 1:36 PIA City of San Luis Obispo Page 1 of 1
BILLING CONTACT ' _ i`'•
LAUREL CREEK LP
INACTIVE i0
505 BATH St
SANTA BARBARA, CA 93101
Payment Date: 01i2212025
Reference Number Fee Name Transaction Type Payment Method Amount Paid
BLDG-0813-2021
Permit Reissuance Fee-BLDG
Fee Payment
Check #1425
$171.00
Supplemental Inspection (Building) - BLDG
Fee Payment
Check #1425
$3.885.00
1150 Laurel Ln San Luis Obispo, CA 93401 SUB TOTAL
$4,056.00
TOTAL $4,056.00
January 22, 2025 1:37 PM City of San Luis Obispo Page 1 of 1
BILLING CONTACT
Laurel Creek, LLC
INACTIVE
1150 LAUREL Ln { i
Payment Date: 01/22/2025
Reference Number Fee Name Transaction Type Payment Method Amount Paid
BLDG-2051-2020
Permit Reissuance Fee-BLDG
Fee Payment
Check #1425
$171.00
Supplemental Inspection (Building) - BLDG
Fee Payment
Check #1425
$1,295.00
1150 Laurel Ln San Luis Obispo, CA 93401 SUB TOTAL
$1,466.00
TOTAL $1,466.00
January 22, 2025 1:38 PM City of San Luis Obispo Page 1 of 1
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