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Home My WebLink AboutR-10703 - Appeal denial 1269 Fredericks StreetRESOLUTION NO. 10703 (2016 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DENYING AN APPEAL OF THE CONSTRUCTION BOARD OF APPEALS’ DECISION TO DENY AN APPEAL FILED BY THE PROPERTY OWNERS OF A NOTICE OF VIOLATION FOR CONSTRUCTION WITHOUT A PERMIT AND OTHER VIOLATIONS WHEREAS, on July 18, 2014, a Notice of Violation was issued by City Code Enforcement Staff to the property owners of 1269 Fredericks Street, San Luis Obispo (the “Property”) for violations of the City of San Luis Obispo Municipal Code (“SLOMC”) alleging, among other things, unpermitted construction, unpermitted dwelling unit, and improper occupancy; and WHEREAS, on July 30, 2014, and September 16, 2014, the Chief Building Official, Code Enforcement staff and the property owners met to discuss the alleged violations and to conduct a second inspection of the subject property; and WHEREAS, on February 23, 2015, an Amended Notice of Violation was issued by the City Code Enforcement Staff to the property owners for violations of the SLOMC (and of various state building, housing and safety codes, as adopted by the SLOMC) for unpermitted construction, unpermitted dwelling unit, and improper occupancy; and WHEREAS, on March 6, 2015, the Community Development Director received an appeal and a Request for Director’s Review from the property owners referencing the Amended Notice of Violation; and WHEREAS, on May 6, 2015, the Community Development Director issued his decision denying the appeal; and WHEREAS, on May 15, 2015, the property owners appealed the Director’s Decision to the Construction Board of Appeals; and WHEREAS, on January 28, 2016, the Construction Board of Appeals of the City of San Luis Obispo conducted a public hearing in City Council Conference Room, of City Hall, 990 Palm Street, San Luis Obispo, California, for the purpose of considering the appeal of the Director’s Decision; and WHEREAS, at its January 28, 2016 meeting, the Construction Board of Appeals of the City of San Luis Obispo adopted Resolution No. 2016-0001 entitled “A RESOLUTION OF THE SAN LUIS OBISPO CONSTRUCTION BOARD OF APPEALS REGARDING AN APPEAL OF DIRECTOR’S DECISION AT PROPERTY LOCATED AT 1269 FREDERICKS APN: 002-334-007” denying the appeal and amending the Notice of Violation dated February 23, 2015; and WHEREAS, on February 8, 2016, the property owners appealed the decision of the Construction Board of Appeals; and R 10703 Resolution No. 10703 (2016 Series) Page 2 WHEREAS, on April 5, 2016, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, for the purpose of considering the appeal of the Construction Board of Appeals’ action submitted by the property owners; and WHEREAS, the City Council has duly considered all evidence, including the record of the Construction Board of Appeals’ hearing and actions, testimony of the property owners, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. The City Council hereby finds as follows: A. The above recitals are true and correct and are incorporated herein by this reference. B. Based on the evidence presented, modifications and improvements were made to the Property without a building permit as outlined in the February 23, 2015 Notice of Violation. C. The property owners admit to renovating the Property without a permit, including, but not limited to: relocating a kitchen and related electrical and plumbing work, removing interior walls, full renovation of a bathroom and related electrical and plumbing work, and installing a raised floor. D. The renovations set forth in paragraph C above, as well as other work completed or in progress on the Property, require permits prior to beginning work and subsequent inspections to ensure that work has been completed in compliance with applicable codes and/or safety standards. E. The second unit on the property was not permitted as a residence. San Luis Obispo County Assessor’s records reflect a transition of the building over time from 1969, which showed no second unit, to 1995 which showed a detached structure of the exact size as the current unit. The 1995 Assessor’s records described the interior of that structure as finished boards on sand floor, unfinished and finished concrete which is not habitable space. Moreover, the second unit contains substantial modern construction and improvements to both the interior and exterior of the building for which no permits were obtained. Thus, the second unit does not constitute a legal non-conforming structure as contemplated by Chapter 17.14 of the City’s Zoning Code because official records and visual observation establish that the structure, in its current form as a residential occupancy, did not “lawfully exist” as of Assessor’s inspection in 1995 and the structure appears to have transitioned from unfinished non- habitable space to significantly improved habitable space sometime after January 30, 1995 without a permit. Resolution No. 10703 (2016 Series) Page 3 F. As a result of improvements being completed without permits or related inspections, it is not possible to make a reliable assessment of structural safety and soundness of the building without exposing portions of the improvements concealed by modern construction, such as the unpermitted electrical work and plumbing, the existence of compliant insulation, lateral support, anchoring and foundation. G. Neither the February 23, 2015 Notice of Violation, nor the Construction Board of Appeals’ Resolution No. 2016-0001 dated January 28, 2016 is an “order of abatement” within the meaning of Health and Safety Code section 17959.4 and no order of abatement within the meaning of that Code shall be issued prior to compliance with notice and hearing requirements under that Code and regulations promulgated thereunder. H. The property owners were duly notified of the January 28, 2016 hearing of the Construction Board of Appeals, and notwithstanding any noticing errors, the property owners were in fact provided with a full and fair explanation of the alleged violations against them in advance of the hearing and were provided a meaningful opportunity to be heard and to controvert any evidence against them in front of an impartial body. SECTION 2. Action. The Council hereby denies the appeal of the Construction Board of Appeals’ decision regarding 1269 Fredericks Street, San Luis Obispo submitted by the property owners, Steven and Kathie Walker. The Council hereby determines that the violations cited in the Notice of Violation dated February 23, 2015, issued by the Code Enforcement staff, a copy of which is reflected in Exhibit “A” attached hereto, in fact existed on the date of the Notice of Violation and may continue to exist. The City Council hereby further determines that the second unit on the Property does not constitute a legal non-conforming structure, that the Construction Board of Appeals erred in making its determination of legal non-conforming status, but that statement of the violation shall be modified from the language set forth in the February 23, 2015 Notice of Violation regarding violations related to the status of the second unit as follows: A. The violation stated in Section A.8.B is hereby modified for purposes of Council’s final determination to read: The detached bedroom and additions thereto were constructed, or significantly expanded, improved, or modified, without permits and in a manner that requires destructive inspection to determine the structural safety and soundness of the building as habitable space. B. The requirement set forth in Section B.1 is hereby modified for purposes of Council’s final determination to read: The second dwelling unit must receive zoning clearance and obtain inspections and permits deemed necessary by the Chief Building Official to ensure safe residential occupancy. The property owners are hereby directed to work with the Chief Building Official within the next ninety (90) days to complete a subsequent inspection and to establish a time frame for compliance, with priority given to violations which most significantly affect the health, safety and welfare of the occupants and surrounding community as determined by the Chief Building Official. Failure to correct these violations will result in additional enforcement action being taken which may include Administrative Citations, administrative abatement proceedings, or other remedies as provided by law. 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