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HomeMy WebLinkAbout03-18-2013 CBOA MinutesMINUTES CONSTRUCTION BOARD OF APPEALS HEARING FOR BUILDING CODE AND FIRE CODE VIOLATIONS AT 1185 FOOTHILL BLVD. MARCH 18, 2013 MEETING CALLED TO ORDER AT 9:01 a.m. by Vice Chair Niel Dilworth MINUTES: Minutes of March 18, 2013 Construction Board of Appeals Hearing for Building and Fire Code violations at Units1-11 and 13-36 of Pine Creek Condominiums at 1185 Foothill Boulevard. STAFF PRESENT: Joseph Lease, Chief Building Official; Andrea Visveshwara, Assistant City Attorney; Christine Dietrick, City Attorney; Cassia Cocina, Code Enforcement Officer; Ben Ross, Code Enforcement Officer; Roger Maggio, Fire Marshall; Molly Brown, Fire Investigator; Jason Beres, Fire Investigator; Wyndee Galvan, Neighborhood Services Specialist; Juliette Muracchioli, Neighborhood Services Specialist. The meeting was called to order by Vice Chair Niel Dilworth at 9:01 a.m. PUBLIC COMMENTS ON NON-AGENDA ITEMS: There were no comments made from the public. DISCLOSURES City Attorney, Christine Dietrick, provided an explanation for the processes for a post deprivation hearing. Because the hearing is a quasi-adjudicated hearing, the time limits given for public comments in standard hearings do not apply. Niel Dilworth disclosed that he held a meeting with Chief Building Official, Joseph Lease and City Attorney, Christine Dietrick. He made no contact with tenants at 1185 Foothill, but did have correspondence with an attorney representing the property owners. Matt Quaglino disclosed he believed he made no contact/had no conversations which would have an adverse effect on his decision on the hearing. Rebecca Jansen disclosed she believed she made no contact/had no conversations which would have an adverse effect on her decision on the hearing. Niel Dilworth disclosed he believed he made no contact/conversations which would have an adverse effect on his decision on the hearing. Ron Tilley disclosed he believed he made no contact/conversations which would have an adverse effect on his decision on the hearing. Construction Board of Appeals March 18, 2013 Page 2 Staff members took oath to tell the truth, whole truth and nothing but the truth during hearing. Niel Dilworth provided clarification was provided that the Public would take oath to be telling the truth, the whole truth and nothing but the truth during individual public comments. PUBLIC HEARINGS STAFF REPORT Joseph Lease introduced himself, the units within the case, and the staff recommendations for all units. He provided history of the development and an explanation of the investigation of the original complaint received on January 17, 2013. Lofts did not meet minimum requirements for life/safety building and fire code standards for habitable living spaces. Joseph Lease presented information on carbon monoxide poisoning and the potential risks in the Pine Creek Condominiums. Doug Davidson stated that he took the oath. He spoke on the Land Use considerations for the development and provided information on the density zoning regulations for the development (R4). The development was zoned at the maximum allowed density for SLO Municipal standards. Mr. Davidson clarified that re-zoning the development for higher density is not possible within the zoning constrictions for the City. Joseph Lease addressed the appeal for Unit 30 and provided a Staff response. Joseph Lease addressed the appeal for Unit 32 from Kathleen Samson and provided a Staff response. Niel Dilworth Vice questioned Joseph Lease in regards to the legality of combustion air within the units. Matt Quaglino asked Joseph Lease if condemning the entire units was an option. He also asked if Staff had estimated the total cost of the hearing and case. Rebecca Jansen asked Joseph Lease for clarification for the exceptions on staff recommendations for Units 19, 21, 26, 29, 31, 32 and 35. Ron Tilley asked Joseph Lease for clarification on why Units 12 and 27 were not included in the case. Ben Ross provided clarification on why Units 12 and 27 were not included in the case. Warrants will be issued for entry to those units. Christine Dietrick provided clarification on her role and Andrea Visveshwara’s role within the case. She will be advising the Board whereas Andrea Visveshwara will be advising Staff. Construction Board of Appeals March 18, 2013 Page 3 Andrea Visveshwara provided clarification in regards to relocation benefits. She stated the Board may be called upon to apportion the benefits among the tenants, as well as whether the landlord shall pay the penalty if and when it applies. She advised the Board that security deposits could be an issue within each unit and whether they should be returned. PUBLIC COMMENT: John Fricks, attorney for 23 property owners. Mr. Fricke presented arguments and not testimonies as legal counsel. Mr. Fricks did not agree that each unit should have individual resolutions, citing that each appeal would total to $9,000. He stated his appreciation for Joseph Lease’s concern for the tenants within the units, but believed the owners he represents need more time to complete the corrections deemed necessary to be within code regulations. He requested the deadline be extended until August 31, 2013. Mr. Fricks stated that compensation for the relocation benefits should not be within the jurisdiction of the City, but should instead be a private civil matter between landlord and tenant to be discussed in court, rather than a municipal hearing. (Cited Statute 17.9.75) Christine Dietrick requested clarification as to which units Mr. Fricks represents: Mr. Fricks responded as follows: Units 1, 2, 3, 4, 5, 9, 15, 17, 19, 20, 21, 22, 24, 25, 26, 27, 29, 30, 31, 33, 34, 35, 36. Matt Quaglino asked Mr. Fricks about the lease agreement termination dates as they relate to the requirements for correcting the violations. Christine Dietrick asked Mr. Fricks about whether his clients would agree to voluntary habitation inspections previous the deadline should it be extended to August 31st. She stated she would recommend that there be conditions should the deadline be extended. Andrea Visveshwara asked whether the four legal tenants have moved or are currently still residing in the units Mr. Fricks represents. Matt Quaglino asked for clarification as to whether the leases specify how many bedrooms are in the units. John Efutich, property owner Unit 5. Requested clarification as to whether the units are study lofts or storage lofts. He also addressed his concern about access to the lofts (are stairs legal, or must it be a ladder). He asked whether furniture could in the loft or not (bed is in the loft, but tenant is living downstairs because there is no other place to store a bed). Requested clarification as to whether officials noted he had smoke and carbon monoxide detectors installed at the time of inspection. He asked why building a wall within the den was not legal. Ron Tilley asked Mr. Efutich whether there was a door to and a window in the loft. Mr. Efutich answered yes and stated he had added a vent. Construction Board of Appeals March 18, 2013 Page 4 Matt Quaglino asked Mr. Efutich about the bed in the loft. He said that Code Enforcement Officers told Mr. Efutich that furniture may be stored. Mr. Tilley stated that “if it looks like a bedroom, it is a bedroom.” Niel Dilworth stated that removing the sheets, and leaning mattresses against wall would better Mr. Efutich’s case. Christine Dietrick suggested to Board they think about whether the improvements made to date suffice the spaces as not being “inhabited.” Niel Dilworth requested that questioning amongst the Board be deferred until after the Public Comments. John Dorsey spoke concerning the terms of his lease agreement. He stated the lease agreement does not encourage the loft is to be used as a bedroom and that the unit is not as individual bedrooms, but as a singular condo. He stated that the ship’s ladder was left not as an implication to use the space as a bedroom, but for emergency purposes only. William Kahrs property owner of Unit #8 stated his concern for the time constraints for making the corrections to the units. He believes it would be an imposition to the students, and requests that the timeline be extended through the end of July. He clarified that his tenant vacated the loft area immediately and a bunk bed was purchased and placed downstairs immediately. The lease prices would be lowered for the remaining duration of the agreement. He stated that his original lease extended through the end of August, and that those unit owners with leases ending in August would appreciate the extension as well. Ron Tilley asked whether Mr Kahrs units are typically vacant during the summer months. Mr. Kahrs stated that the units are inhabited during the summer months. Kevin Huber property owner of Unit #13 discussed his concern with relocation benefits and clarified that his tenants vacated the loft area, but did not need to relocate. He stated that a renegotiation was reached with his tenants about the lease’s terms. Joseph Lease provided clarification on the covenant’s use by the Planning Department. Christine Dietrick stated that the City has required as condition of approval that there be notification to all future buyers that these kinds of spaces are to be used for storage purposes only. Kevin Huber asked if the staircase was a permitted staircase within the loft and if the loft entry would be have to adjusted to the appropriate head height. Niel Dilworth stated that ladders are only allowed in very specific circumstances. Joseph Lease concurred. Ladders are only allowable when the space is intended only Construction Board of Appeals March 18, 2013 Page 5 for mechanical spaces, not an implied storage space. Access would be assumed as non-routine, a space that would only be accessed on occasion. Kevin Huber cited he believed an original document for/from the City stated the space was labeled as a Study Space. Niel Dilworth and Joseph Lease presented the original plans to show the space as a mechanical space. Derek Johnson took the oath and provided clarifications on the City’s requirements for HOA or property owners on the restrictions for a covenant. He stated that it is not unusual for the Planning Department to currently require a covenant. Rebecca Jansen asked whether it was common to require an inspection for the covenant. Derek Johnson stated that the covenant was added to prevent this issue from repeating itself in the future. Niel Dilworth requested to know how long this covenant has been in place. Christine Dietrick provided counsel on the issue. Doug Davidson clarified the basis for the covenant under the circumstances. It is a long-standing practice/requirement going back from what he thought was the mid-90s for new projects. Mr Tilley asked whether the term “study loft” is included in the zoning code within the City. Joseph Lease provided clarification that the building code provides no definition for the term ‘”study loft.” Connie Enos property owner, asked why one unit within the development was legally converted to a 3 bedroom unit when the City issued a permit to convert the unit previously. Her unit was illegally converted at the time of her purchasing the property. Mr Lease informed Ms. Enos that he believes the permit was a zoning permit and was issued in error. Unfortunately, because it was a Zoning Permit, it cannot be revoked. Andrea Visveshwara provided further clarification and concurred with Mr. Lease. Ms. Enos asked why this wouldn’t be a zoning violation with and establish a precedent for citing the owners, but a permit violation is precedent for citation. Ms. Enos asked why she should have to pull a permit. She stated her frustrations with the loft not being used a habitable space when her realtor advertised the space as such. Niel Dilworth addressed her concerns. Construction Board of Appeals March 18, 2013 Page 6 Laurie Huber owner of unit # 13. Thanked the Board for taking the time for such a lengthy hearing. Mrs. Huber requested that the Board take into consideration that each unit should be considered individually, rather than as a lump and clarified that the loft she owns is never rented to more than four people. She had no idea that the wall placed in the den was not a legal wall. She stated that she tells tenants that the loft is not a sleeping area, but does not inspect the lofts during the length of the lease. She stated that a tenant had built a wall without permission (going against the terms of the lease), but she and her husband made the mistake of not taking the wall down after said tenant moved out. While she understood that the City wants owners to sign a covenant, she believes it would be discrimination for Pine Creek to sign a covenant and not all other complexes within the City. She also believes a timeline extension would be the most reasonable approach. She said a 30 day minimum sounds the most reasonable, though until August 31st would be best. She stated that tenants have received a reduction in rent through a contract and would like that to stand as the equivalent of relocation benefits. Matt Quaglino asked if Mrs. Huber would indemnify the City to allow random inspections until the time period of permitted work for improvements has passed. Laurie Huber agreed to the inspection. Mr. Huber interjected and stated that he would not pay for it, but would allow for it. Walter Bryden owner of Unit # 19 commended staff working with property owners of Pine Creek. Mr. Bryden stated that he believes the Board should recognize that the majority of the property owners have had children who have lived in the units, some of which were previously modified. He was surprised to find that his unit had a previous citation for using the loft as a sleeping area. He purchased loft from Montagne Trust who put a non-permitted wall in the space. He states that the City did not make not of the wall during inspections thereafter. He also stated that contractors involved in the original construction of the units constructed unpermitted work after the original building was completed. He believed that this kind of problem is rampant in SLO, that significant numbers of realtors have sold properties with undocumented/unpermitted modifications, and he applauded the City for taking action, but was disappointed to be part of the ram’s head. He suggested that when a property is sold within the City, that a code compliance inspection requirement be put into place. He stated that his tenant, who was sleeping in that area, has since been moved downstairs until her lease expires at the end of June. She has been compensated. He shared the problem many other owners have—needing more time to make modifications. As to smoke detectors/CO2 detectors: he stated he has always had more than required and that they have always been functional. His leases cite that it is grounds for termination should those detectors be tampered with. Niel Dilworth stated that he concurs with the idea of a code inspection program. Christine Dietrick addressed the issue by noting that the Rental Inspection program is being developed by Building and Safety Staff. Construction Board of Appeals March 18, 2013 Page 7 Niel Dilworth stated that this situation is very difficult, but the intention of this hearing and the terms of building and fire code standards are to provide and ensure safe housing. Matt Quaglino asked whether Mr. Bryden had rented the space as a bedroom. Mr. Bryden said yes. Andrea Visveshwara asked Mr. Bryden about whether he had compensated his tenant. He stated he had, in the quantity of $500-550. Mr Lease noted that the resolution on Unit 19 has been amended to reflect his appropriate use of detectors. Linda Shinn, property owner of Unit 24. Ms. Shinn provided photos and letters for the Board’s review (see attachment). She clarified that her lease is now available online for public visibility and stated that the loft was a living area, but was not permitted to be a sleeping area. She is in compliance with smoke detector and CO2 detector requirements. To her recollection she has never seen the original den without being converted. She stated that most owners had no idea there were conversions in the units. She requested an extension for the corrections for the benefit of her student tenants. She said that in terms of fair market value, her unit goes for $2600/month. The first group of potential tenants who saw the place applied for it and another offered her more after the fact. She believes fair market value is determined by what tenants are willing to pay. She asked that her tenants sit down and discuss how they think displacement benefits be distributed amongst them. David Singer, property owner representing Units 30, 31, 33. He owns unit 32. He stated that units 30 and 31 have had no conversions to the lofts. He believed the City is overstepping its bounds in requiring the owners provide relocation benefits to tenants. He stated that neighboring Cedar Creek is renting units for $2200-2400 per month. On behalf of the owners of the property owners, he made mention of Unit 33 having no issues with smoke and carbon monoxide detectors. He requested the resolution for this unit be amended. He was potentially disturbed that the fines originally proposed will be applied, when he was given notification from a City official that so long as he submitted a building permit before or on March 11, 2013, that the fines would not be applied. Niel Dilworth asked the Fire and Building Department to provide clarification as to whether it was noted in the original inspection of unit 33. Mr. Lease clarified that the smoke and carbon monoxide detectors section of the resolution was amended for certain units. Jason Beres stated that unit 33 had properly functioning smoke and carbon monoxide detectors. However, he did see that a light above the dryer unit did not have a proper surge protector during his inspection. Candy Basso, property owner unit 34. Ms. Basso purchased the unit with the stairs, unbeknownst to her that it was an illegal conversion. She stated that they inspect the unit annually and replace batteries as necessary on smoke and carbon monoxide Construction Board of Appeals March 18, 2013 Page 8 detectors.She stated that assisted her tenant in finding new housing for her displaced tenant, but tenant decided to move downstairs instead. Ms. Basso reduced their rent by half through the remaining duration of their lease, at a $2400 loss. She didn’t believe she needs to pay the relocation costs for her tenant when they have already reached an agreement. She was very concerned about the depreciation of her unit because of this situation. She asked the City to have compassion on the situation and noted that Mustang Village has four bedroom units that are the same size as Pine Creek units which she believed are zoned the same as Pine Creek. Niel Dilworth and Christine Dietrick stated a planner would need to address this question. Niel Dilworth closed the Public Hearing at 11:40 a.m. -------------- Niel Dilworth opened the session at 1:02 p.m. Christine Dietrick said that the proceedings must move forward on a unit by unit basis for the purpose of clear actions. She made mention of a universal theme coming through with each unit: annual verification provisions and the relocation benefits being the other. Should the Board decide that the same section should be removed from all of the resolutions, perhaps discuss those points before moving forward with individual units. Joseph Lease addressed owners’ testimonies. He stated to the owners that the loft can be converted to a study loft from a storage loft provided appropriate egress standards are met. He addressed the question as to why the loft cannot be enclosed. He answered the question with the point that to be defined as a loft, within the City’s zoning ordinance it states that at least one wall must be open to the living area. The covenant is at the discretion of the Board. Christine Dietrick stated that the Board will have discretion as to the terms of an annual verification for the covenant can be an oral verification or a short visual inspection by City staff. Niel Dilworth opened deliberations at 1:09 p.m. and asked if there were universal themes within all of the units’ resolutions that could be discussed first. Ron Tilley said that the health and safety seems to be of critical concern and appears to have been addressed. He suggested a discussion be started on an extension for the date to correct violations. Matt Quaglino stated that the terms of the relocation benefits desired from the tenants be sought out by the tenants from the landlords in civil court. He suggested removing the relocation benefits conditions from the resolutions. He also suggested the extension Construction Board of Appeals March 18, 2013 Page 9 for the date to be corrected by be extended. He also suggested that for future verification, written testimonies be provided from property owners and/or property management company stating that the lofts and the dens are not being used as sleeping quarters. Niel Dilworth agreed with Mr. Quaglino. Rebecca Jansen believed that relocation benefits are not applicable to the situation based on the health and safety code as she understood it. She agreed to an extension for the time frame for completing the required modifications. She believed the covenant, an agreement or testimony would be sufficient but an annual inspection should not be necessary. Niel Dilworth requested clarification on Ms. Jansen’s statement for the covenant’s requirements. Should they be written or oral testimonies. Rebecca Jansen stated she believed that would be up for debate, but supposed it would be up to the property owner to verify. Christine Dietrick clarified that the covenant would be confined to property owners to sign the covenant as they are, according to the City’s Landuse program, in charge of the property. Rebecca Jansen suggested removing the annual inspection from the covenant if that satisfied the requirements of the covenant. She also stated for clarification that according to the resolution, the covenant would only be required if the loft has stairs and is converted to a study loft. Niel Dilworth summarized the proposed amendments for the resolutions: Mr. Quaglino did not support relocation expenses, but did support the extension for the deadline for improvements. Ms. Jansen believed that the owners sign a covenant should they convert the lofts to study areas, without annual verification required in the covenant. Matt Quaglino stated either July 31st or August 31st for the extension. Christine Dietrick clarified that the role of the local agency is to provide definition that there is a right for tenants to receive relocation benefits should they be displaced. She requested clarification Board that they found that the residents were not displaced from the unit. Rebecca Jansen moved that the Board extend the deadline for construction to meet building and safety standards to August 31, 2013 and that the Board determine that the tenants will not be eligible for relocation benefits under safety code 17.95 due to partial displacement from the sleeping spaces rather than total displacement from the units. In the case that the owner chooses to keep the stairs, they are subject to written verification that the study loft is not used as a sleeping quarters. Christine Dietrick clarified that the motions made by the Board are to direct staff to amend the resolutions for each unit. Construction Board of Appeals March 18, 2013 Page 10 Matt Quaglino seconded the motion. Ron Tilley clarified that the owners will not be responsible for displacement benefits under the findings of the Board of Appeals Hearing. However, tenants may pursue further legal action in civil court or mediation should they feel the bargain reached between tenant and landlord was not satisfied based on the lease agreement they have with their landlords, which is separate from the relocation benefit statute. Niel Dilworth asked for more comments. No comments. And called for an action. ACTION: 4 Ayes-0 Noes. DELIBERATIONS Andrea Visveshwara mentioned an amendment to resolution number 5 regarding smoke and carbon monoxide detectors in specific units. Matt Quaglino made a suggestion that the resolution state that all units must have operating smoke and carbon monoxide detectors. Niel Dilworth proposed that a resolution that the City waive fines if the units were brought into compliance by the deadline. Rebecca Jansen requested clarification as to how the fines are applied if they are waived, but an owner doesn’t bring the unit into compliance within the timeline provided. Joseph Lease requested to address the Chair to state that the fines will apply if the date of the deadline is not met. Rebecca Jansen stated that the resolution be modified Joseph Lease stated that the 10 day deadline to install working detectors should remain in place. Christine Dietrick stated there are 5 identified units which were always in compliance with smoke and carbon monoxide detectors. ACTION: Niel Dilworth made a motion to adopt the resolution as modified for unit 5 including as directed, removing paragraph B from Section 2 in regards to smoke and carbon monoxide detectors. Rebecca Jansen seconded the motion. Ron Tilley requested clarification the Paragraph I from Section 2 will be removed from all resolutions. Christine Dietrick confirmed that as being correct. The motion was carried with a 4:0 vote. Construction Board of Appeals March 18, 2013 Page 11 1. 1185 Foothill Unit #1, San Luis Obispo, CA 93405. APN: 052-184-001. Property Owner, Mark L. Kelly TRE ETAL. 1: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and Code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. BOARD COMMENTS: Niel Dilworth asked for a motion. ACTION: On motion by Matt Quaglino seconded by Rebecca Jansen to adopt the resolution as modified. The motion was carried on a 4:0 vote AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely 2. 1185 Foothill Unit #2, San Luis Obispo, CA 93405. APN: 052-184-002. Property Owner, Ronald C. Jones & Annette C. Jones: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and Code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. BOARD COMMENTS: ACTION: On motion by Rebecca Jansen seconded by Ron Tilley to adopt the amended resolution as modified. The motion was carried on a 4:0 vote. Construction Board of Appeals March 18, 2013 Page 12 AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely 3. 1185 Foothill Unit #3, San Luis Obispo, CA 93405. APN: 052-184-003, Property Owner, Assal Yavari, ETAL: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and Code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. PUBLIC COMMENTS: There were no Public comments specific to this unit. BOARD COMMENTS: There were no Board comments specific to this unit. ACTION: On motion by Rebecca Jansen seconded by Niel Dilworth to adopt the amended resolution as modified. The motion was carried/lost on a 4:0 vote. AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely 4. 1185 Foothill Unit #4, San Luis Obispo, CA 93405. APN: 052-184-004, Property Owners Ronald C. Jones and Annette C. Jones: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and Code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and Construction Board of Appeals March 18, 2013 Page 13 b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. PUBLIC COMMENTS: There were no Public comments specific to this unit. BOARD COMMENTS: There were no Board comments specific to this unit. ACTION: On motion by Matt Quaglino seconded by Niel Dilworth to adopt the amended resolution as modified. The motion was carried on a 4:0 vote. AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely 5. 1185 Foothill Unit #5, San Luis Obispo, CA 93405. APN: 052-184-005, Property Owners John T. Efutich and Lynn M. Efutich: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. PUBLIC COMMENTS: There were no public comments made on this unit during the deliberations period. STAFF COMMENTS Andrea Visveshwara said paragraph b of Section 2 of the amended resolution for Unit 5 should be struck out. BOARD COMMENTS: ACTION: On motion by Niel Dilworth seconded by Rebecca Jansen to adopt the amended resolution as modified striking out Section 2. Construction Board of Appeals March 18, 2013 Page 14 The motion carried on a 4:0 vote. AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely 6. 1185 Foothill Unit #6, San Luis Obispo, CA 93405. APN: 052-184-006, Property Owners John T. Dorsey and Mary JC Dorsey: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. PUBLIC COMMENTS: There were no public comments about unit 6 during the deliberation portion of the hearing. BOARD COMMENTS: Niel Dilworth asked for discussion or a motion. ACTION: On motion by Matt Quaglino seconded by Rebecca Jansen to adopt the resolution as modified. The motion carried on a 4:0 vote AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely 7. 1185 Foothill Unit #7, San Luis Obispo, CA 93405. APN: 052-184-007, Property Owners Clyde E. Kennedy J JR. and Michel Kennedy: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and code Enforcement staff, including the Construction Board of Appeals March 18, 2013 Page 15 condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. PUBLIC COMMENTS: There were no public comments made about unit 7 during the deliberation portion of the hearing. BOARD COMMENTS: ACTION: On motion by Rebecca Jansen seconded by Matt Quaglino to adopt the amended resolution as modified. The motion carried on a 4:0 vote. AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely 8. 1185 Foothill Unit #8, San Luis Obispo, CA 93405. APN: 052-184-008, Property Owner William H Kahrs Jr TRE ETAL: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and Code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. PUBLIC COMMENTS: There were no public comments made about unit 8 during the deliberation portion of the hearing. BOARD COMMENTS: Niel Dilworth asked for a motion ACTION: On motion by Matt Quaglino seconded by Ron Tilley to adopt the resolution as modified. Construction Board of Appeals March 18, 2013 Page 16 The motion carried on a 4:0 vote. AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely 9. 1185 Foothill Unit #9, San Luis Obispo, CA 93405. APN: 052-184-009, Property Owners Nest Egg LLC: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. PUBLIC COMMENTS: There were no public comments made about unit 9 during the deliberation portion of the hearing. BOARD COMMENTS: ACTION: On motion by Rebecca Jansen seconded by Matt Quaglino to adopt the amended resolution as modified. The motion carried on a 4:0 vote. AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely 10. 1185 Foothill Unit #10, San Luis Obispo, CA 93405. APN: 052-184-010, Property Owners Joshua R. Cooper and Ashley N. Cooper: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and Construction Board of Appeals March 18, 2013 Page 17 b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. PUBLIC COMMENTS: There were no public comments made about unit 10 during the deliberations portion of the hearing. BOARD COMMENTS: ACTION: On motion by Rebecca Jansen seconded by Matt Quaglino to adopt the amended resolution as modified. The motion carried on a 4:0 vote. AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely 11. 1185 Foothill Unit #11, San Luis Obispo, CA 93405. APN: 052-184-011, Property Owners Thomas Moore R TRE ETAL: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. PUBLIC COMMENTS: There were no public comments made about unit 11 during the deliberations portion of the hearing. BOARD COMMENTS: ACTION: On motion by Rebecca Jansen seconded by Matt Quaglino to adopt the amended resolution as modified. The motion carried on a 4:0 vote. AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely Construction Board of Appeals March 18, 2013 Page 18 12. 1185 Foothill Unit #13, San Luis Obispo, CA 93405. APN: 052-184-013, Property Owner Kevin Huber L. ETUX: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. PUBLIC COMMENTS: There were no public comments about unit 13 during the deliberations portion of the hearing. BOARD COMMENTS: ACTION: On motion by Rebecca Jansen seconded by Niel Dilworth to approve the resolution recommending approval of modifications to project conditions to the City Council. The motion carried on a 4:0 vote. AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely 13. 1185 Foothill Unit #14, San Luis Obispo, CA 93405. APN: 052-184-014, Property Owner Stuart Ferguson, ETAL: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. Construction Board of Appeals March 18, 2013 Page 19 PUBLIC COMMENTS: There were no public comments made about unit 14 during the deliberation portion of the hearing. BOARD COMMENTS: ACTION: On motion by Rebecca Jansen seconded by Matt Quaglino to adopt the amended resolution as modified. The motion carried on a 4:0 vote AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely 14. 1185 Foothill Unit #15, San Luis Obispo, CA 93405. APN: 052-184-015, Property Owner Bonnie Berman: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. PUBLIC COMMENTS: There were no public comments made about unit 15 during the deliberations portion of the hearing. BOARD COMMENTS ACTION: On motion by Matt Quaglino seconded by Rebecca Jansen to adopt the amended resolution as modified. The motion carried on a 4:0 vote. AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely 15. 1185 Foothill Unit #16, San Luis Obispo, CA 93405. APN: 052-184-016, Property Owners Rick H. Enos and Corrine G. Enos: Post Deprivation/Review Hearing Construction Board of Appeals March 18, 2013 Page 20 for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. PUBLIC COMMENTS: There were no public comments about unit 16 during the deliberations portion of the hearing. BOARD COMMENTS: ACTION: On motion by Niel Dilworth seconded by Matt Quaglino to adopt the amended resolution as modified The motion carried on a 4:0 vote. AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely 16. 1185 Foothill Unit #17, San Luis Obispo, CA 93405. APN: 052-184-017, Property Owners Nest Egg LLC: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. PUBLIC COMMENTS: There were no public comments made about unit 17 during the deliberation portion of the hearing. Construction Board of Appeals March 18, 2013 Page 21 BOARD COMMENTS: ACTION: On motion by Matt Quaglino seconded by Rebecca Jansen to adopt the amended resolution as modified. The motion was carried on a 4:0 vote. AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely 17. 1185 Foothill Unit #18, San Luis Obispo, CA 93405. APN: 052-184-018, Property Owner Giovanni M. Cremona TRE ETAL: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. PUBLIC COMMENTS: There were no public comments made about unit 18 during the deliberations portion of the hearing. BOARD COMMENTS: ACTION: On motion by Rebecca Jansen seconded by Matt Quaglino to adopt the amended resolution as modified. The motion was carried on a 4:0 vote. AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely 18. 1185 Foothill Unit #19, San Luis Obispo, CA 93405. APN: 052-184-019, Property Owners Walter and Laurene Bryden: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) Construction Board of Appeals March 18, 2013 Page 22 STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. PUBLIC COMMENTS: There were no public comments made about unit 19 during the deliberations portion of the hearing. STAFF COMMENTS: Joseph Lease advised the Board that a revised resolution was submitted this morning to the Board. The unit was never in violation of not having smoke and carbon monoxide detectors. BOARD COMMENTS: ACTION: On motion by Matt Quaglino seconded by Rebecca Jansen to adopt the amended resolution as modified. The motion carried on a 4:0 vote AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely 19. 1185 Foothill Unit #20, San Luis Obispo, CA 93405. APN: 052-184-020, Property Owner Darryl Schoen TRE ETAL: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. Construction Board of Appeals March 18, 2013 Page 23 PUBLIC COMMENTS: There were no public comments about unit 20 during the deliberations portion of the hearing. BOARD COMMENTS: ACTION: On motion by Matt Quaglino seconded by Rebecca Jansen to adopt the resolution as modified. The motion was carried on a 4:0 vote. AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely 20. 1185 Foothill Unit #21, San Luis Obispo, CA 93405. APN: 052-184-021, Property Owners Thomas L. Trenschel & Susan Trenschel: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. PUBLIC COMMENTS: There were no public comments made about unit 21 during the deliberations portion of the hearing. STAFF COMMENTS: Joseph Lease said that an amended resolution for unit 21 should strike out section 2b. BOARD COMMENTS: ACTION: On motion by Matt Quaglino seconded by Rebecca Jansen to adopt the amended resolution as modified in section 2b. AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely Construction Board of Appeals March 18, 2013 Page 24 The motion carried on a 4:0 vote. 21. 1185 Foothill Unit #22, San Luis Obispo, CA 93405. APN: 052-184-022, Property Owner Deanna L. Costanza: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. PUBLIC COMMENTS: There were no public comments made about unit 22 during the deliberations portion of the hearing. BOARD COMMENTS: ACTION: On motion by Rebecca Jansen seconded by Matt Quaglino to adopt the amended resolution as modified. The motion carried on a 4:0 vote. AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely 22. 1185 Foothill Unit #23, San Luis Obispo, CA 93405. APN: 052-184-023, Property Owners Nest Egg LLC: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. Construction Board of Appeals March 18, 2013 Page 25 PUBLIC COMMENTS: There were no public comments made about unit 23 during the deliberations portion of the hearing. BOARD COMMENTS: ACTION: On motion by Matt Quaglino seconded by Rebecca Jansen to adopt the amended resolutions as modified. The motion carried on a 4:0 vote. AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely 23. 1185 Foothill Unit #24, San Luis Obispo, CA 93405. APN: 052-184-024, Property Owner Linda Shinn TRE: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. PUBLIC COMMENTS: There were no public comments made about unit 24 during the deliberations portion of the hearing. BOARD COMMENTS: ACTION: On motion by Ron Tilley seconded by Rebecca Jansen to adopt the modified resolution as amended. The motion carried on a 4:0 vote. AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely 24. 1185 Foothill Unit #25, San Luis Obispo, CA 93405. APN: 052-184-025, Property Owners Claudia J. Thorn and Richard E. Thorn: Post Deprivation/Review Construction Board of Appeals March 18, 2013 Page 26 Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. PUBLIC COMMENTS: There were no public comments made about unit 25 during the deliberations portion of the hearing. BOARD COMMENTS: ACTION: On motion by Rebecca Jansen seconded by Niel Dilworth to adopt the amended resolution as modified. The motion carried on a 4:0 vote. AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely 25. 1185 Foothill Unit #26, San Luis Obispo, CA 93405. APN: 052-184-026, Property Owner James R. Puder ETUX: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. PUBLIC COMMENTS: There were no public comments made about unit 26 during the deliberations portion of the hearing. Construction Board of Appeals March 18, 2013 Page 27 STAFF COMMENTS: Joseph Lease noted that unit 26 has a revised resolution striking section 2b. BOARD COMMENTS: ACTION: On motion by Niel Dilworth seconded by Ron Tilley to adopt the amended resolution as modified, striking section 2b. The motion carried on a 4:0 vote. AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely 26. 1185 Foothill Unit #28, San Luis Obispo, CA 93405. APN: 052-184-028, Property Owner Anthony M. Derose TRE ETAL: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. PUBLIC COMMENTS: There were not public comments about unit 28 during the deliberations portion of the hearing. BOARD COMMENTS: ACTION: On motion by Rebecca Jansen seconded by Ron Tilley to adopt the amended resolution as modified. The motion carried on a 4:0 vote. AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely 27. 1185 Foothill Unit #29, San Luis Obispo, CA 93405. APN: 052-184-029, Property Owner James D. Kelly TRE ETAL: Post Deprivation/Review Hearing for Construction Board of Appeals March 18, 2013 Page 28 Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. PUBLIC COMMENTS: There were no public comments made about unit 29 during the deliberations portion of the hearing. STAFF COMMENTS: Joseph Lease noted to the Board the unit 29 has a revised resolution: sections 2b, 2c, 2d, 2e, 2f, 2g, 2h were struck out. BOARD COMMENTS: ACTION: On motion by Niel Dilworth seconded by Ron Tilley to adopt the amended resolution as modified. The motion was carried on a 4:0 vote AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely 28. 1185 Foothill Unit #30, San Luis Obispo, CA 93405. APN: 052-184-030, Property Owners Nest Egg LLC: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. Construction Board of Appeals March 18, 2013 Page 29 PUBLIC COMMENTS: There were no public comments made during the deliberations portion of the hearing. STAFF & BOARD COMMENTS: Niel Dilworth asked Mr. Lease if there were any amendments to the resolution for Unit 30. Christine Dietrick asked for clarification as to whether the owner of Unit 30 had stated there were no modifications to the loft in Unit 30. Cassia Cocina said that the unit had a sheet hanging between living room and the kitchen and a staircase going up to the loft. Christine Dietrick asked if there was any modification to the loft itself—walls, enclosures, etc. Cassia Cocina confirmed there were no additions to that extent, Joseph Lease said that the Board need not address the extent to which the loft was modified. Christine Dietrick cited Section 2d. of the building standards Niel Dilworth asked whether the den had been converted. Cassia Cocina confirmed that the den had conversions. Rebecca Jansen expressed concern that the resolutions were too vague in their language and should be more general or specific. Joseph Lease said that requiring that the units be converted back to the original conditions would be too confining. Niel Dilworth agreed that the owners should be able to do whatever they like within code compliance. Christine Dietrick requested clarification as to whether there were code violations in the unit. Joseph Lease clarified that yes, there were as the stairs were built as was the wall in the den. ACTION: On motion by Niel Dilworth seconded by Matt Quaglino to adopt the resolution with modifications removing reference to the loft from paragraphs d1 and removing part ii of d.2 in Section 2. The motion carried on a 4:0 vote Construction Board of Appeals March 18, 2013 Page 30 AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely 29. 1185 Foothill Unit #31, San Luis Obispo, CA 93405. APN: 052-184-031, Property Owner Daniel J. Johnston TRE ETAL: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. PUBLIC COMMENTS: There were no public comments made about unit 31 during the deliberations portion of the hearing. STAFF & BOARD COMMENTS: Christine Dietrick requested clarification as to whether or not the unit had been converted. Cassia Cocina provided information that there were non-permitted modifications; enclosures were created with “pegging.” Joseph Lease spoke to the fact that any sort of partition in the unit is not permitted. Niel Dilworth motioned to adopt resolution as amended removing section 2.2 Ron Tilley seconded. Christine Dietrick suggested modifying the language of the section. ACTION: On motion by Niel Dilworth seconded by Ron Tilley to adopt the resolution as amended, adding the word ‘enclosure to section 2.2 The motion carried on a 4:0 vote. AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely Construction Board of Appeals March 18, 2013 Page 31 30. 1185 Foothill Unit #32, San Luis Obispo, CA 93405. APN: 052-184-032, Property Owner Kathleen Samson E TRE: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. PUBLIC COMMENTS: STAFF & BOARD COMMENTS: Joseph Lease, Unit 32 has a revised resolution. Strike out Sections 2b, 2c (den did not have a wall enclosure), 2d (loft was not enclosed). Ron Tilley seconded the motion and stated he had received the letter provided by the property owner. Matt Quaglino stated that he received the letter and reviewed it in his consideration of the motion. Niel Dilworth stated that he received the letter and reviewed it in his consideration. Rebecca Jansen stated that she received the letter and reviewed it in her consideration. ACTION: On motion by Niel Dilworth seconded by Ron Tilley to adopt the amended resolution as modified by eliminating paragraph 2b The motion was carried on a 4:0 vote. AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely 31. 1185 Foothill Unit #33, San Luis Obispo, CA 93405. APN: 052-184-033, Property Owners John R. Talbot Jr. TRE ETAL: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) Construction Board of Appeals March 18, 2013 Page 32 STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. PUBLIC COMMENTS: There were no public comments made about unit 33 during the deliberations portion of the hearing. STAFF & BOARD COMMENTS: Joseph Lease said there were no issues with smoke or carbon monoxide detectors in unit 33. Niel Dilworth requested staff testify as to whether the unit had functioning smoke and carbon monoxide detectors. Jason Beres testified that the unit owners were in compliance with smoke and C02 detectors and he recommend that it be removed from the Unit’s resolutions. Rebecca Jansen moved to adopt the resolution with amendments and that section 2 part B be removed. Niel Dilworth seconded. ACTION: On motion by Rebecca Jansen seconded by Niel Dilworth to adopt the resolution with amendments and that section 2 part B be removed. The motion was carried on a 4:0 vote. AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely 32. 1185 Foothill Unit #34, San Luis Obispo, CA 93405. APN: 052-184-034, Property Owners Michael J. Basso and Candace M. Basso: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and Construction Board of Appeals March 18, 2013 Page 33 b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. PUBLIC COMMENTS: Niel Dilworth reopened Public Hearing to Candy Basso, property owner of unit 34 at 1:58 p.m. Candy Basso asked if the stairs were not compliant if the loft was used only for storage purposes. Joseph Lease stated that the stairs cannot be permitted if they are not code compliant, but could be modified to be in compliance. Niel Dilworth closed the Public Hearing at 2 p.m. BOARD COMMENTS: ACTION: On motion by Ron Tilley seconded by Rebecca Jansen adopt the resolution as modified. The motion was carried on a 4:0 vote. AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely 33. 1185 Foothill Unit #35, San Luis Obispo, CA 93405. APN: 052-184-035, Property Owner Ellen Farbstein TRE: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. PUBLIC COMMENTS: There were no public comments made about unit 35 during the deliberations portion of the hearing. Construction Board of Appeals March 18, 2013 Page 34 STAFF & BOARD COMMENTS: Joseph Lease stated that unit 35 had a revised resolution, striking section 2b. ACTION: On motion by Matt Quaglino seconded by Niel Dilworth to adopt the amended resolution as modified striking out section 2b. The motion was carried on a 4:0 vote. AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely 34. 1185 Foothill Unit #36, San Luis Obispo, CA 93405. APN: 052-184-036, Property Owners Ronald A Shapiro and Robin Shapiro: Post Deprivation/Review Hearing for Building and Fire Code Violations at Pine Creek Condominiums. (Code Enforcement Officers Cassia Cocina and Ben Ross) STAFF RECOMMENDATION: a. Affirm the actions taken by Fire and code Enforcement staff, including the condemnation orders relating to the enclosed lofts, the payment of relocation assistance benefits to displaced tenants, and issue an Order requiring the correction of all violations cited as set forth in the proposed resolution for each unit, and b. Deny the appeals filed by Donna Drago (Unit 30) and Kathleen Samson (Unit 32) except as otherwise stipulated in the Proposed Resolution. PUBLIC COMMENTS: There were no public comments made about unit 36 during the deliberations portion of the hearing. BOARD COMMENTS: ACTION: On motion by Rebecca Jansen seconded by Ron Tilley to adopt the amended resolution as modified. The motion was carried on a 4:0 vote. AYES: 4 NOES: 0 RECUSED: ABSENT: Chairperson Robert Vessely Niel Dilworth asked Counsel if there was any other business for consideration during the hearing. Christine Dietrick confirmed that no other business was in need of consideration. Construction Board of Appeals March 18, 2013 Page 35 Niel Dilworth thanked the property owners and staff. Christine Dietrick thanked the Board and Staff. Niel Dilworth read the Advisement of Appeal Rights. AD JOURNMENT: Niel Dilworth adjourned the hearing at 2:24 p.m. Respectfully submitted by, Juliette Muracchioli Recording Secretary Approved by the Construction Board of Appeals on August 29, 2013.