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HomeMy WebLinkAbout05-05-2025 CBOA PresentationConstruction Board of Appeals May 5th, 2025 Construction Board of Appeals Agenda Item 2 Oath of Office The City Clerk will Administer the Oath of Office to newly appointed Board Members Construction Board of Appeals Agenda Item 3 Election of Chair and Vice Chair The CBOA members will hold the annual election of Chair and Vice Chair Construction Board of Appeals Agenda Item 4 Presentation/Introduction Presentation •4.a - Role of the Construction Board of Appeals Introduction •4.b - Introduction of Fire Marshal Construction Board of Appeals Agenda Item 5 Public Comment Members of the public are encouraged to submit comments for items not listed on the agenda Construction Board of Appeals Agenda Item 6 Consent Recommendation: Approve consent items as presented •6.a - Consideration of 2025 CBOA Calendar and Rules •6.b - Minutes for 2/22/2024 CBOA meeting •6.c - Minutes for 4/25/2025 CBOA meeting Construction Board of Appeals Agenda Item 7 Public Hearing 7.A - “Notice and Order” for 1150 Laurel Lane Recommendation: Adopt Resolution No. CBOA-01-25 entitled “A Resolution of the Construction Board of Appeals of the City of San Luis Obispo, California, denying the Appeal of Patrick Smith, on behalf of Laurel Creek, LP, and upholding the Notice & Order, Determinations, and Findings to support declaring the building at 1150 Laurel Lane a dangerous building” upholding the Notice and Order dated March 10, 2025, requiring vacation of certain units and securing them against entry because the building is unsafe, unlawful, unfit for human occupancy and declared dangerous. Item 1: Unsafe Structure: IPMC 111.1.1 An unsafe structure is one that is dangerous to life, health, property, or safety. Item 1: Unsafe Structure IPMC Section 111.1.1 – Unsafe Structure: IPMC Section 703 – Fire-resistance-rated assemblies IPMC Section 704 – Fire protection systems CBC Section 703 – Fire-resistance-rated construction CBC Section 706 – Fire walls Item 2: Structure Unfit for Human Occupancy: IPMC 111.1.3 A structure is unfit for human occupancy when it is unsafe, unsanitary, or open to the elements Item 2: Structure Unfit for Human Occupancy IPMC Section 111.1.3 – Structure Unfit for Human Occupancy: IPMC Section 304 – Exterior structure IPMC Section 308 – Rubbish and garbage CFC 4905.3 – “Community at Risk” (wildfire) San Luis Obispo Municipal Code Title 17 – Attractive Nuisance Item 3: Unlawful Structure: IPMC 111.1.4 A structure is unlawful when occupied contrary to law or where required permits have expired without completion. Item 3: Unlawful Structure IPMC Section 111.1.4 – Unlawful Structure California Building Code Section 105 – Permits California Building Code Section 111 – Certificate of Occupancy Item 4: Dangerous Building: IPMC 111.1.5 A dangerous structure is one with defects or conditions considered as dangerous by the code Item 4: Dangerous Structure IPMC Section 111.1.5 – Dangerous Structure or Premises: 1) Inadequate or noncompliant exits or escape routes. 4) Unsafe structural elements or attachments lacking proper strength or anchoring. 8) Violations of building or fire codes creating significant fire, collapse, or safety risks. 10) Missing or faulty life-safety systems (fire protection, electrical, plumbing, etc.) that endanger health or life. Item 5: Structural Integrity Appellant claims the City did not assess structural integrity adequately. City’s determination was based on observable field conditions: Exposed framing, deteriorating materials Incomplete fire systems Expired permits Item 5: Determination – IPMC 105.1 (Not in dispute) Warehouse operations should continue Low Hazard Classification: CBC 504 and 506 Existing Building Code Risk Assessment: California Existing Building Code Chapter 10 Physical Separation: Present but incomplete Avoiding Vacant Premises Status: CFC Section 311 Community Safety Presence: The site is adjacent to a public park and elementary school and includes public-use amenities. Item 6: Means of Egress Appellant acknowledges fire separations and exits are incomplete. Requests tenants remain during repairs City’s response: Appeals must be based on misinterpretation or valid alternative design. Appellant acknowledges noncompliant conditions in appeals letter and project plan Intentions to complete work are not a substitute for verified compliance with life safety standards Item 7: Validity of Occupancy Appellant asserts Bang the Drum Brewery has a valid Certificate of Occupancy. Appellant is referring to a certificate of occupancy issued in 2020 prior to redevelopment commencing City confirms the TCO for Bang the Drum expired in July of 2023: No valid certificate of occupancy exists Ongoing use is unauthorized under the California Building Code Section 111 Questions for Staff Recommendation: Adopt Resolution No. CBOA-01-25 entitled “A Resolution of the Construction Board of Appeals of the City of San Luis Obispo, California, denying the Appeal of Patrick Smith, on behalf of Laurel Creek, LP, and upholding the Notice & Order, Determinations, and Findings to support declaring the building at 1150 Laurel Lane a dangerous building” upholding the Notice and Order dated March 10, 2025, requiring vacation of certain units and securing them against entry because the building is unsafe, unlawful, unfit for human occupancy and declared dangerous. Next Slide: Appellant Presentation Next Slide: Second Floor Plan Appellant Presentation Next Slide: Questions Appellant Presentation Questions for Appellant and Staff Next Slide: Public Comment Agenda Item 7.a: Public Comment Next Slide: Board Deliberations Board Deliberations Recommendation: Adopt Resolution No. CBOA-01-25 entitled “A Resolution of the Construction Board of Appeals of the City of San Luis Obispo, California, denying the Appeal of Patrick Smith, on behalf of Laurel Creek, LP, and upholding the Notice & Order, Determinations, and Findings to support declaring the building at 1150 Laurel Lane a dangerous building” upholding the Notice and Order dated March 10, 2025, requiring vacation of certain units and securing them against entry because the building is unsafe, unlawful, unfit for human occupancy and declared dangerous.