HomeMy WebLinkAbout01-28-2016 CBOA Agenda Correspondence (Notice of Violation Appeal Presentation)1269 Fredericks Street, San Luis Obispo . As Purchased 2009
150’
50
’
Ab
a
n
d
o
n
e
d
P
l
u
m
b
i
n
g
Rats Found
Problem areas discovered after moving in late-2009
Ra
t
s
F
o
u
n
d
1269 Fredericks Street, San Luis Obispo . At Inspection 2014
PH
O
T
O
1
PH
O
T
O
1
6
PH
O
T
O
1
7
NOTICE OF VIOLATION A.1. Inadequate Sanitation
ITEM A.1.A & A.1.B.A.1.A. The kitchen lacks a sink. (PHOTO 1)
A.1.B. General dilapidation or improper maintenance. (PHOTO 16, 17)
A.1. Inadequate Sanitation
A.1.A. The kitchen lacks a sink. Each dwelling unit is required to have
a kitchen with a sink for food preparation and proper sanitation.
(PHOTO 1)
PH
O
T
O
1
HOT WATER SOURCE
HOT WATER SOURCE
HOT WATER SOURCE
HOT WATER SOURCE
FULL KITCHEN & SINK
HOT WATER SOURCE
A.1. Inadequate Sanitation
A.1.B. General dilapidation or improper maintenance.
(PHOTO 16, 17)
PH
O
T
O
1
6
12” X 16” area of drywall removed to investigate. Drywall patched.
PH
O
T
O
1
7
24”16”
Two strips of paneling removed. Thick 6mm plastic added to cover opening
because of existing Romex (next to Drew and Ryan’s beds) until Steve could
replace the paneling.
The temporary removal of a small section of wall board does not
constitute “dilapidation” or “improper maintenance”
The wall board has been replaced.
PH
O
T
O
2
PH
O
T
O
3
NOTICE OF VIOLATION A .2. Structural Hazards
ITEM A.2.A & A.2.B.A.2.A. Defective or deteriorated floor framing and supports in the kitchen area. (PHOTO 2, 3)
A.2.B. Portion of roof sheathing replaced with noncompliant plastic panels. (PHOTO 17)
PH
O
T
O
1
7
PH
O
T
O
2
A.2. Structural Hazards
A.2.A. Defective or deteriorated floor framing and supports
in the kitchen area. The kitchen floor slopes up to 4%. (PHOTO 2)
The floor has sloped for decades. It is noted in the Assessor’s Records
in 1995 (“floors bulge and sag”) There has not been any movement in
the floor since the Walkers have owned the property.
PH
O
T
O
3
A.2. Structural Hazards
A.2.A. Defective or deteriorated floor framing and supports
in the kitchen area. Dislodged girder posts and pier foundations
are observable from the crawlspace access opening. (PHOTO 3)
Joseph Lease advised Steve Walker to prop the pier upright.
PH
O
T
O
1
7
This item was determined legal and eliminated from Notice of
Violation. (Confirmed per Cassia Cocina 12/18/2014.) It is
erroneously listed in Notice of Violation.
A.2. Structural Hazards
A.2.B. Portion of roof sheathing replaced with noncompliant
plastic panels. (PHOTO 17)
NOTICE OF VIOLATION A.5. Faulty Weather Protection
ITEM 5.A. & 5.B.A.5.A. Portion of roof sheathing replaced with noncompliant plastic panels. (PHOTO 17)
A.5.B. Damaged exterior siding. (PHOTO 9, 9.1)
PH
O
T
O
1
7
PH
O
T
O
9
PH
O
T
O
9
.
1
PH
O
T
O
1
7
A.2. Faulty Weather Protection
A.2.B. Portion of roof sheathing replaced with noncompliant
plastic panels. (PHOTO 17)
*This item was determined legal and eliminated from Notice of
Violation. (Confirmed per Cassia Cocina 12/18/2014.) It is erroneously
listed in Notice of Violation.
PH
O
T
O
9
PH
O
T
O
9
.
1
A.5. Faulty Weather Protection
A.5.B. Damaged exterior siding. (PHOTO 9, 9.1)
Replace where damaged or missing.
Cedar shakes temporarily removed and have been reinstalled.
PH
O
T
O
4
NOTICE OF VIOLATION A.6. Hazardous Electrical Wiring
ITEM A.6.A & A.6.B.A.6.A. Unprotected NM sheathed cable .Romex. wiring. (PHOTO 4, 5, 6, 7)
A.6.B. Electrical faceplates missing or damaged. (PHOTO 19, 20)
PH
O
T
O
1
9
PH
O
T
O
2
0
PH
O
T
O
7
PH
O
T
O
5
PH
O
T
O
6
PH
O
T
O
4
The box structure was opened to look at plumbing. The exterior
electrical was not touched. The box structure has been enclosed and
existing wiring is concealed.
A.6. Hazardous Electrical Wiring
A.6.A. Unprotected NM sheathed cable (Romex) wiring. (PHOTO 4)
Such wiring requires protection from physical damage such as
concealment in walls or ceilings, conduit, etc.
PH
O
T
O
5
A.6. Hazardous Electrical Wiring
A.6.A. Unprotected NM sheathed cable (Romex) wiring. (PHOTO 5, 6)
PH
O
T
O
6
The laundry area was determined to have permits from the 1960’s
and was removed from the Notice of Violation.
This is a legal nonconforming item.
PH
O
T
O
7
A.6. Hazardous Electrical Wiring
A.6.A. Unprotected NM sheathed cable (Romex) wiring. (PHOTO 7)
There is no Romex or exposed wiring.
The “exposed wires” in the photo are cables for television or cable
from previous owners or tenants.
PH
O
T
O
1
9
PH
O
T
O
2
0
A.6. Hazardous Electrical Wiring
A.6.B. Electrical faceplates missing or damaged. (PHOTOS 19, 20)
The faceplates have been replaced.
NOTICE OF VIOLATION A.7. Hazardous Plumbing
ITEM A.7.A. & A.7.B.A.7.A. Improper vent terminations. (PHOTO 9, 10)
A.7.B. The lavatory in the bathroom is not properly vented. (PHOTO 8)
PH
O
T
O
8
PH
O
T
O
9
PH
O
T
O
1
0
A.7. Hazardous Plumbing
A.7.A. Improper vent terminations. (PHOTO 9)
Drainage vents may not terminate under a window or within framing.
Vents must extend through and terminate at least 6 inches above the
roof and be protected from physical damage.
PH
O
T
O
9
The half bathroom was built with permits in 1946. This
item conforms with the Building Code in 1946 when it was
constructed.
A.7. Hazardous Plumbing
A.7.A. Improper vent terminations. (PHOTO 9)
PH
O
T
O
1
0
The laundry area and plumbing was determined to have permits
in 1964. It is a legal nonconforming item.
A.7. Hazardous Plumbing
A.7.B. The lavatory in the bathroom is not properly vented
to prevent siphonage of the trap seal. (PHOTO 8)
PH
O
T
O
8
NOTICE OF VIOLATION A.8. Construction Without Required Permits or Inspections
ITEM A.8.A. through A.8.F.A.8.A. The carport attached to the dwelling has been converted to a living room. (PHOTO 18)
A.8.B. The garage and additions have been converted to a second dwelling accessed from Hathway Alley (PHOTO 22)
A.8.C. Electrical wiring has been installed or replaced in various locations in dwelling (PHOTO 4, 4.1, 5, 6, 7, 12, 13, 14,17)
A.8.D. Plumbing installed at exterior wall of house in the rear and at the front. (PHOTO 12, 13, 14)
A.8.E. Framing electrical and plumbing in bath and area between bedroom and living room. (PHOTO 12, 13, 14)
A.8.F. Unpermitted gas piping and electrical supply installed from the dwelling to the unpermitted second. (PHOTO 19)
A.8.G. Water heater installed in hallway alcove of main house and in the rear unit. (PHOTO 23)
PHOTO 18 PHOTO 22
PHOTO 17
PHOTO 12 PHOTO 13 PHOTO 23
PHOTO 6 PHOTO 7
A.8. Construction Without Permits or Inspections
A.8.A. The carport attached to the east side of the dwelling has been
enclosed and converted to a living room. (PHOTO 18)
Plans will have to be submitted for review and approval, and permits
obtained for all unpermitted construction. Unpermitted construction that is
concealed must be exposed for inspection. Unpermitted construction must
be made to comply with all applicable state and local building, zoning, and
development codes or be removed.
PH
O
T
O
1
8
This room was a kitchen and dining room when the home was
purchased. After moving in, it was found to be infested with rats who
tunneled through the insulation in the dropped ceiling (where the
salmon-colored paint is exposed), walls, and cabinets. Contaminated
materials were removed and walls were clad with new, clean wall
board. In the midst of repairs, Steve was in an aviation accident so
home has remained in limbo.
This room is the most climate-controlled room in the house and is
the hub of the home.
PH
O
T
O
2
2
A.8.B. Construction Without Required Permits or Inspections
The garage and additions thereto have been converted to a second dwelling unit
accessed from the alley in the rear of the rear of the lot . (PHOTO 22)
This structure was not a garage. Per historical records, It was originally a factory that
manufactured potato chips. In 1931-1932 it was converted it to a dwelling by the
original owner and his brother (a building contractor). It was occupied by the original
owner’s brother, his wife and children, then other tenants through the years. The
structure constitutes a legal, non-conforming dwelling.
San Luis Obispo Municipal Code Chapter 17.14.010: “A structure which lawfully existed
on the effective date of applicable sections of the ordinance codified in this division,
but which does not comply with one or more of the property development standards
for the zone in which it is located, is a ‘nonconforming structure.’”
PH
O
T
O
4
.
1
A.8.Construction Without Required Permits or Inspections
A.8.C. Electrical wiring has been installed or replaced in various
locations throughout the dwelling. PHOTOS 4, 4.1, 5, 6, 7, 12, 13, 14, 17
PH
O
T
O
4
Same wiring from two views (exterior to interior)
Wiring on interior was exposed when drywall was removed due to mold
Steve installed junction box at lower left corner (blue box).
Electrical wiring from exterior (PHOTO 4) to interior (PHOTO 4.1)
permitted in 1946. Exterior electrical remains untouched.
PH
O
T
O
5
PH
O
T
O
6
The laundry area was constructed with permits in 1964. Item is a
legal, nonconforming item.
A.8. Construction Without Required Permits or Inspections
A.8.C Electrical wiring has been installed or replaced in various
locations throughout the dwelling. PHOTOS 4, 4.1, 5, 6, 7, 12, 13, 14, 17
A.8.C. Electrical wiring has been installed or replaced in various
locations throughout the dwelling. (PHOTO 7)
PH
O
T
O
7
There is no Romex or exposed wiring at the exterior. The “exposed
wires” in the photo are cables for television or cable from previous
owners or tenants.
A.8.Construction Without Required Permits or Inspections
A.8.C. Electrical wiring has been installed or replaced in various
locations throughout the dwelling. PHOTOS 4, 4.1, 5, 6, 7, 12, 13, 14, 17
A.8.C. Electrical wiring has been installed or replaced in various
locations throughout the dwelling. (PHOTO 12, 13, 14)
PH
O
T
O
1
2
VIEW LOOKING WEST
VIEW LOOKING EAST
ELECTRICAL UPDATED
TO CEILING FIXTURE
PH
O
T
O
1
4
PH
O
T
O
13
AREA ABOVE PHOTO 12
A.8.Construction Without Required Permits or Inspections
A.8.C. Electrical wiring has been installed or replaced in various
locations throughout the dwelling. PHOTOS 4, 4.1, 5, 6, 7, 12, 13, 14, 17
PH
O
T
O
1
7
No electrical wiring was installed or replaced in this location.
A.8.Construction Without Required Permits or Inspections
A.8.C. Electrical wiring has been installed or replaced in various
locations throughout the dwelling. PHOTOS 4, 4.1, 5, 6, 7, 12, 13, 14, 17
PH
O
T
O
1
1
PH
O
T
O
9
A.8.Construction Without Required Permits or Inspections
A.8.D. Plumbing installed at exterior wall of house in the rear and
at the front. (PHOTOS 9, 11)
The half bathroom was constructed in 1946 with permits and the
plumbing has not been changed. This item is legal, nonconforming.
The former kitchen plumbing , attached to the exterior of the house,
was abandoned shortly after moving into the house. It is inoperable.
A.8.Construction Without Required Permits or Inspections
A.8.E. Framing, electrical and plumbing in bath and area between
bedroom and living room. (PHOTOS 12, 13, 14)
PH
O
T
O
1
3
PH
O
T
O
1
4
PH
O
T
O
1
2
The existing plumbing has not been changed.
When drywall was removed due to mold. It was
discovered that the wall was only supported by
one stud which was bowed. (see dashed yellow
line in photo 12) Structural support was added
to the wall for safety. Additional blocking was
added to the existing walls to adequately
support drywall.
PH
O
T
O
1
9
A.8.Construction Without Required Permits or Inspections
A.8.F. Unpermitted gas piping and electrical supply installed from the
dwelling to the unpermitted second. (PHOTO 19)
Secondary unit had power when constructed . It was converted to
dwelling in 1932. Gas supplies heat and electricity supplies power to
outlets and light switches.
Gas pipe is from gas main on property to secondary dwelling unit and
electricity is in conduit from front residence.
PH
O
T
O
2
3
A.8.Construction Without Required Permits or Inspections
A.8.F. Water heater installed in hallway alcove of main house and in
the rear unit. (PHOTO 23)
Water heater installed by previous owner’s plumber. It is properly
strapped and legally installed.
NOTICE OF VIOLATION A.9. Structure in Required Yard Set Back
ITEM 9 A.9. Shed encroaches into five foot setback. (PHOTO 21)
A.9. Secondary dwelling unit encroaches into five foot setback. (PHOTO 22)
PH
O
T
O
21
PH
O
T
O
2
2
PHOTO 21
PH
O
T
O
21
PHOTO 21
A.9. Structure in Required Yard Set Back
A.9. Shed encroaches into five foot property setback (PHOTO 21)
It is not known when the shed was constructed. It sits on property
line at Hathway Alley. Most properties that abut the alley have
structures that sit on or near the property line, such as the
neighbor’s garage as seen in photo. The shed conforms to other
buildings in the area.
NE
I
G
H
B
O
R
’
S
GA
R
A
G
E
PR
O
P
E
R
T
Y
L
I
N
E
PH
O
T
O
2
2
A.9. Structure in Required Yard Set Back
A.9. Second dwelling unit located in the five foot setback. (PHOTO 22)
Secondary dwelling unit was constructed prior to 1928, before there
was a setback ordinance. The structure is a legal, nonconforming.
NOTICE OF VIOLATION A.10. Inadequate Drainage around Structure (PHOTO 3, 7, 11)
ITEM A.10.
PH
O
T
O
3
PH
O
T
O
7
PH
O
T
O
11
PH
O
T
O
3
A.10. Inadequate Drainage around Structure
Stormwaters do not drain away from the structure as required. Water
drains under the dwelling and has undermined floor supports. The
areas around the structure need to be regraded to proved drainage
away from the structure.(PHOTO 3, 7, 11)
Citing UHC 1001.8.3; IPMC 302.2; SLOMC 15.02.010*
Although the City indicated water is running under the structure, there is no
indication that is true. There has not been any water under the house even during
the heaviest recent rains.
*UHC 1001.8.3 “Defective or lack of weather protection for exterior wall coverings,
including lack of paint, or weathering due to lack of paint or other approved protective
covering;
*IPMC 302.2 All premises shall be graded and maintained to prevent the erosion of soil
and to prevent the accumulation of stagnant water thereon, or within any structure
located thereon.
*SLOMC 15.02.010 Adoption of CA Building Codes
PH
O
T
O
7
A.10. Inadequate Drainage around Structure
Storm waters do not drain away from the structure as required. Water
drains under the dwelling and has undermined floor supports. The
areas around the structure need to be regraded to proved drainage
away from the structure.(PHOTO 3, 7, 11)
Citing UHC 1001.8.3; IPMC 302.2; SLOMC 15.02.010*
*UHC 1001.8.3 “Defective or lack of weather protection for exterior wall coverings,
including lack of paint, or weathering due to lack of paint or other approved protective
covering;
*IPMC 302.2 All premises shall be graded and maintained to prevent the erosion of soil
and to prevent the accumulation of stagnant water thereon, or within any structure
located thereon.
*SLOMC 15.02.010 Adoption of CA Building Codes
Unsure of what this photo represents? The drain connects to flexible pipe that
carries water away from the house.
PH
O
T
O
11
A.10. Inadequate Drainage around Structure
Stormwaters do not drain away from the structure as required. Water
drains under the dwelling and has undermined floor supports. The
areas around the structure need to be regraded to proved drainage
away from the structure.(PHOTO 3, 7, 11)
Citing UHC 1001.8.3; IPMC 302.2; SLOMC 15.02.010*
*UHC 1001.8.3 “Defective or lack of weather protection for exterior wall coverings,
including lack of paint, or weathering due to lack of paint or other approved protective
covering;
*IPMC 302.2 All premises shall be graded and maintained to prevent the erosion of soil
and to prevent the accumulation of stagnant water thereon, or within any structure
located thereon.
*SLOMC 15.02.010 Adoption of CA Building Codes
Unsure of what this photo represents? The slab jackhammered to allow water to
permeate soil.
A “legal nonconforming use"is a use of land or structure which was legally established
according to the applicable zoning and building laws of the time,but which does not
meet current zoning and building regulations.
NOTICE OF VIOLATION B.1. Land use approval and compliance with SLOMC Chapter 17.21 –Secondary Dwelling Unit Standards is required.
ITEM B.1.(See San Luis Obispo Municipal Code Chapter 17.21 –Secondary Dwelling Unit Standards, Attached)
San Luis Obispo Municipal Code,Chapter 17.14:
“A structure which lawfully existed on the effective date of
applicable sections of the ordinance codified in this division,
but which does not comply with one or more of the property
standards for the zone in which it is located,is a
“nonconforming structure.”
Documented evidence shows the second structure on the property
was built concurrently with the main residence,prior to 1928.
Evidence also shows the structure was converted to a dwelling in
1931-1932 and occupied by tenants.The use was established by
Census Records,the San Luis Obispo City Directory in 1932,and a
sworn declaration from a living witness.It is a legal nonconforming
use and does not require a Use Permit and compliance with San Luis
Obispo Municipal Code Chapter 17.21.
NOTICE OF VIOLATION B.2. Lack of Required Fire Protection.
ITEM B.2.A. & B.2.B. B.2.A. The exterior wall located less than 5 feet from the property line is required to be 1 -hour fire resistant construction.
B.2.B. The direct vent wall heater discharges through the wall less than 5 feet from the property line.
PH
O
T
O
24
B.2.A. Lack of Required Fire Protection
The exterior wall located less than 5 feet from the property line is
required to be 1-hour fire resistant construction. (CA Mechanical Code
Sec. 802.8.6)
NE
I
G
H
B
O
R
16’
2’
The structure was built according to permit
requirements when constructed. It is a legal
nonconforming building and not required to
be brought up to today’s code.
B.2.B. Lack of required Fire Protection
The exterior wall located less than 5 feet from the property line is
required to be 1-hour fire resistant construction. (PHOTO 24)
(CA Mechanical Code Sec. 802.8.6)
NE
I
G
H
B
O
R
CA Mechanical Code 802.8.6 Vent Terminals.
“Vent terminals that terminate through an
outside wall of a building shall be located not
less than 10 feet horizontally from an operable
opening in an adjacent building. This shall not
apply to operable openings that are not less
than 2 feet below or 25 feet above the
elevation of the vent terminal.”
The legal nonconforming building was legal
when it was constructed.
16’
PH
O
T
O
24
There is a 16-foot distance from the vent to
the neighbor’s sliding door. The base of the
sliding door is 8’ above the grade of the
Walker’s property. CA Mech Code 802.8.6
NOTICE OF VIOLATION B.5. Hazardous Plumbing
ITEM B.5. Improper installation of gas piping. Black iron gas piping must be installed at least 6 inches above grade
and protected from corrosion. (PHOTO 19)
PH
O
T
O
19
PH
O
T
O
19
Secondary dwelling unit had power when constructed and converted
to dwelling in 1932. Gas pipe is from gas main on property to
secondary dwelling unit.
B.2.A. Hazardous Plumbing
Improper installation of gas piping. Black iron gas piping must be
installed at least 6 inches above grade and protected from corrosion.
(PHOTO 19)
NOTICE OF VIOLATION B.6. Water Heater
ITEM B.6. Water heater installed in storage closet without obtaining required permit.
Water heater installed by previous owner’s plumber. It
is properly strapped and legally installed.