City of Santa Barbara Community Development

Memorandum

DATE: Monday, November 27, 2017 2:00 pm

TO: Building & Fire Code Board of Appeals

FROM: Andrew Stuffier, Chief Building Official

SUBJECT: StaffReport forAppeal Regarding 3 Francisco Dr. ENF2017-0078 l

On July 5, 2017, City inspector, Pete Mikelson inspected the subject and found a new chain link fencereplacing the existing fence, hillside grading and installation of a new retaining wall supporting an ascending hillside surcharge greater than 20% without required building permit. Due to a heavy workload, on October 3, 2017 Inspector Pete Mikelson drafted and issued a Notice of Violation to the property owner (attached).

This property is in violation of 2016 California Residential Code, Section Rl 05 .1 Permits: Any owner, or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.

2016 Adopting Ordinance #5780 (effective date January 1, 2017) Section 105. 2 work exempt from permit: 4. Residential retaining walls which are not over 4 feet in height as measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids, is installed on a slope 20% or greater, or the wall will tend to adversely affect drainage or cause increased erosion.

On October 11, 2017, an appeal of the Notice of Violation was filed by the property owners. Property owner states that the retaining wall installed without a permit does not support a surcharge of in excess of 20%.

November 7, 2017, Inspector Pete Mikelson returnedto the site. His measurements of the . ascending hillside behind the retaining wall were 35%.

SUMMARY The measurements taken on November 7, 2017 show a 35% slope behind the wall. With a slope in excess of 20% a building permit is required. The property owner will be required to obtain a building permit within 60 days of the Appeals Board decision and the work must be completed within 60 days of permit issuance.

City of Santa Barbara Community Development Department www.ci.santa-barbara.ca. us Building & Safety Division Amended Notice of Violation

Directors Office October 3, 2017 Tel: 805.564.5502

Fax: 805.564.5506 MILLER, THOMAS & SHERYLL REVOCABLE TRUST 6/30/2010

Housing & 3 FRANCISCO DR Redevelopment SANTA BARBARA CA 93105 Tel: 805.564.5461 Fax: 805.564.5477 APN: 055-141-011

Planning Case Number: ENF2017-00781 Tel: 805.564.5470 Fax: 005.891.1904 Subject Property: 3 FRANCISCO DR, SANTA BARBARA CA 93105

Building & Safety Tei: 805.564.5485 Dear MILLER, THOMAS & SHERYL L REVOCABLE TRUST 6/30/2010: Fax: 805.564.5476 Due to a recent concern filed with the Building & Safety Division, an inspection at the 630 Garden St. Subject Property was performed on 7/5/2017. As a result of our investigation, we have PO Box 1990 found the Property to be in violation of Santa Barbara Municipal Code Section 22.04.010 Santa Barbara, CA as follows: 93102-1990 __ _ VIOLATION: Work without permit 1). Replaced existing fence with new chain link fence without required permit. Rental 2). Cut hillside and installed new retaining wall supporting a surcharge without Mediation Task Forc e required permit. Tel: 805.730.1523 Fax: 805.730.1528 CODE SECTION: 2016 California Residential Code, Section RlOS.1 PERMITS 423 w. Victoria st. Any owner, or authorized agent who intends to construct, enlarge, alter, repair, move, Santa Barbara. cA demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, 93101 alter, repair, remove, convert or replace any electrical, gas mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit

Bring this Notice to the Building Permit Counter at 630 Garden Street and ask foran explanation of the plan submittal that will be required forpermit application and issuance. Be aware that permit issuance must be obtained by the dates prescribed in this Notice. If permits are not obtained within the prescribed time frames, you will be ordered to obtain a demolition permit immediately.

Page 1 of 6 REMEDY: Remove all or part of the illegal configurations and/or obtain city approval for the remaining configuration that was installed illegally. Plans Required. Bring this Notice to the Building Permit Counter at 630 Garden Street. While there, choose one of the following options; 1. Submit a site plan to obtain a demolition permit to remove the illegal and to restore the area to its legally permitted configuration and use. Or 2. Ask for an explanation of the plan submittal that will be required for as-built permit application and issuance. Be aware that permit issuance must be obtained by the prescribed in this Notice. If permits are not obtained within the prescribed time frames, you will be ordered to obtain a demolition permit immediately.

The Building Officialhas determined that the violations on the Property must be abated in an expeditious manner.

• - A permit must be obtained and work commenced within 60 days of the date of this Notice of Violation.

• - Work must be completed and all violations abated within 60 days of the date of permit issuance.

If either of these dates are not met, further legal action may be necessary.

This Notice of Violation identifiesthe concernsof the Building and Safety Division of the City of Santa Barbara. Other departments or divisions of this City and other governmental agencies may have additional concernsor requirements.

Page 2 of 6 Tax Implications Pursuant to CaliforniaRevenue and Taxation Code sections 17274 and 24436.5, the City may forwardinformation regarding youand any other owners of the above-referenced property to the State Franchise TaxBoard for violations of State and City laws related to health, safety, and building if the above listed property constitutes substandard housing. This action will prevent you, any other owners, or subsequent owners fromdeducting interest, taxes, depreciation, or amortization forthe above-referencedproperty on state income taxes. In order to prevent this, you must immediatelycomply with all State and Citylaws to abate all violations.

Appeal Rights Any party aggrieved by this decision of the City's Chief Building Officialincluding but not limited to decisions or determinations made relative to the application and interpretations of the technical codes, and the refusal,suspension, voiding, or revocation of a license or permit, may appeal such decision to the Building and Fire Code Board of Appeals by obtaining an appeal formon the internet at http://www.santabarbaraca.gov/services/planning/forms/building.asp or from the City Building & Safety office. You are required to submit the appeal formwithin ten (10) days fromthe date of this notice in order for your appeal to be heard by the Building and Fire Code Board of Appeals. The completed appeal form must be delivered to the City's Building & Safety office located at 630 Garden St., Santa Barbara, CA 93101.

For informationrega rding the appeals process, please refer to Santa BarbaraMunicipal Code Section 22.04.020 or contact the Community Development Department at (805) 564-5502. For information on Building and Fire Code Board of Appeals the please visit the following website http://www.santabarbaraca.gov/gov/brdcomm/ac/bfcba/default.asp

D Tenant Relocation Required (Residential Uses Only) Only when the above box is checked, pursuant to Health and Safety Code section 17975, you are hereby notified as the owner of the subject property that any tenant on the subject property who is displaced or subject to displacement froma residential rental unit at the subject property as a result of this order requiring the vacation of a residential unit by the City of Santa Barbara Building & Safety Department as a result of the violation(s) noted above being so extensive and of such a nature that the immediate health and safety of the residents is endangered, that the tenant(s) shall be entitled to receive relocation benefits from you, the property owner.

Pursuant to Health and Safety Code section 17975.1, the relocation benefits shall be paid by you, the owner or designated agent, to the tenant within 10 days afterthe date of this notice to vacate which has been posted on the premises, or at least 20 days priorto the vacation date set forth in this notice to vacate, whichever occurs later. If there are fewer than l O days between the date of this notice to vacate and the vacation date, the relocation benefits shall be paid by you, the owner or designated agent, to the tenant within 24 hours of the date of this notice.

Page 3 of 6 This notice has also been given to the tenant in possession of the property. You cannot retaliate against the tenant pursuant to Civil Code section 1942.5. The relocation payment shall be made available by you, the owner or designated agent, to the tenant pursuant to Health and Safety Code section 17975.2.

Contact information My direct officephone numberis (805) 897-2505. Our officesare closed every other Friday please call 564-5485 to find out the Friday we will be closed. Inspector office hours are 7:30-8:30 a.m. and 3:00-4:00 p.m. Monday through Friday except forThursday afternoon and our "off' Friday. You may also contact our office forplan submittal and permit issuance requirements at (805) 564-5485 between the hours of 7:30 and 4:30 p.m., Monday through Friday. The Community Development public counters are located at 630 Garden Street. Additional information is available online at www.SantaBarbaraCa.gov

Your prompt attention to this matteris appreciated. Sincerely, -w-

Pete Mikelson Building Inspector

Attachment: Field Investigation Images

Cc: File

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Page 6 of 6 City of Santa Barbara REQUEST FOR Building and Safety APPEALS BOARD HEARING www.SantaBarbaraCA.gov

/0/11 /! -1 . - D te Property Address (Q,A/J I .SCf) ·1J!Z- J APN U) S- i'lJI - {7/ I N M!t.LEIZ , AND "'51-1/ZYl L. REVOC/Yil}Le 7Jz.U S'T &/30/zo ;'b × Owner's ame ' ;H() • I Owner's Address P'.R.ANl'SCO LXZ • (Phone) flt.JS: hC/8 3'55'"'7 Owner's Email Address fu;//er@ b()..1(') ex, COrn Decision Being Appealed A brief statement specifying order or action protested: \/I Dl,4T/ ON: WO/ZJ<' vvrTJ./Ov!T P.rcµIt "l)UT H ILG5 I Ot: AND /!'1J1fJL cED /JE'r,-1 T

.l:k'Further explanation attached. J¥ Copy of protested notice attached. A brief statement of the reason the protested order of action should be reversed, modified or otherwise set aside: {5/"NnrzpNJAt/(!__E- 1 s7&0 5£-<..,-r,oNJ I a rz,., t@/21( f:Xe/Jif7FRo.A.A '?6/Z)../J "; 'BtJ1i,D1lilb '7J06S /V01 :StJP?OflT YV1

Within 30 days you will be given notice of the date of your hearing. Signature I certify under penalty of perjury that the foregoing, to the best of my knowledge, is true1 and correct. I also acknowledge that the Board cannot waive any Code requirements and will only/ '1ethe proper × application of the code. __ Signature _:Jl!;__(:'" Questions ,,SE For f urther information contact the Building & Safety Division at (805) 564-5485

Hours: Monday-Friday* Address: 630 Garden St, Santa Barbara;,GA 93101 .J t3ar•· 8:30 a.m. to 4:30 p.m. Phone: (805) 564-5485 ··' """r -.detvr *Closed Alternate Fridays OCT 12 2017 ECEIV LJ Addendum to Request for Appeals Board Hearing

From: Thomas and Sheryl L. Miller

APN: 055-141-011

Case No.:ENF2017-00781

Santa Barbara City Amended Notice of Violation, dated 3 October 2017, was issued for Work without Permit. We are appealing Item 2 of the alleged violation, which states: Cut hillside and installed new retaining wall supporting a SURCHARGE without required permit.

We installed an Allan Block retaining wall at our residence at 3 Francisco Dr. that has a maximum height of 3 feet - 3 and 3/8 inches above grade at its highest point and 2 feet - 8 inches at the lowest point. The footing is 4 inches. Refer to attached photos. The wall does not retain a surcharge. The retaining wall is installed at the side yard of our residence and the ground is flat at the lower end of the wall and retains a relatively small dirt slope of less than 20% grade.

The wall meets the requirements to be exempt from permit according to City Ordinace 5780. Refer to Section 105.2 entitled WORK EXEMPT FROM PERMIT. Under subheading BUILDING, Item 4:

RESIDENTIAL RETAINING WALLS NOT OVER 4 FT. IN HEIGHT AS MEASURED FROM THE BOTIOM OF THE FOOTING TO THE TOP OF THE WALL, UNLESS SUPPORTING A SURCHARGE OR IMPOUNDING FLAMMABLE LIQUIDS, IS INSTALLED ON A SLOPE 20% OR GREATER, OR THE WALL WILL TEND TO ADVERSELY AFFECT DRAINAGE OR CAUSE INCREASED EROSION.

We believe the City has misinterpreted the definition of SURCHARGE by defining the dirt slope as a SURCHARGE. I have attached three documents that clarify that a SURCHARGE is not a slope of dirt. It is an external load such as a street, building, or car. Refer to attachments.

We contend the wall is exempt from permit and the violation is in error. We kindly request the appeals board to remove item 2 from the violation.

Thomas and Sheryl L. Miller, Trustees ..Oo_.. CT TRENCHING AND SHORJNG MANUAL

4.8 SURCHARGE LOADS A surcharge load is any load which is imposed upon the surface of the soil close enough to the excavation to cause a lateral pressure to act on the system in addition to the basic earth pressure. Groundwater will also cause an additional pressure, but it is not a surcharge load.

Examples of surcharge loads are spoil embankments adjacent to the trench, streets or highways, construction machinery or material stockpiles, adjacent buildings or structures, and railroads.

4.8.1 Minimum Construction Surcharge Load The minimum lateral construction surcharge of 72 psf (crh) shall be applied to the shoring system to a depth of IO feet (Hs) below the shoring system or to the excavation line whichever is less. See Figure 4-47. This is the minimum surcharge loading that shall be applied to any shoring system regardless of whether or not the system is actually subjected to a surcharge loading. Surcharge loads which produce lateral pressures greater than 72 psf would be used in lieu of this prescribed minimum. This surcharge is intended to provide for the normal construction loads imposed by small vehicles, equipment, or materials, and workmen on the area adjacent to the trench or excavation. It should be added to all basic earth pressure diagrams. This minimum surcharge can be compared to a soil having parameters of y= I 09 pcf and Ka = 0.33 for a depth of 2 feet [(0.33)( I 09)(2) = 72 pst] Q TT I J

Figure 4-47. Minimum Lateral Surcharge Load

4-70 L Chapter Three b11141 BLOCK Surcharges allanblock.com Introduction

A surcharge (q) is an external load applied to the retained soil. Typical surcharges include: sidewalks, driveways, roads, buildings, and other retaining walls. Retaining walls as surcharges will be dealt with in a separate section entitled "Terraced Walls." In this chapter, we will show how to apply the force due to surcharges on simple gravity walls and coherent gravity walls. The effect a surcharge has on a wall depends on the magnitude of the surcharge and the location of the surcharge relative to the wall. A surcharge located directly behind a wall will have a much greater effect than one located ten or twenty feet behind the wall. Generally, in good soil if the distance from the back of the wall to the surcharge is greater than twice the height of the wall, the effect of the surcharge will be insignificant. Keep in mind that the back of a coherent gravity wall is located at the end of the geogridfurthest from the wall facing. In order to properly determine the effects of a surcharge load, it is necessary to determine how the stress within the soil varies with vertical and horizontal distance from the surcharge. There are several theories about how to calculate the stress at some point within the soil and they range from relatively simple to extremely complex. The one that we have chosen to use is illustrated in Figure 3-1. We assume that the force due to a surcharge load on the retained soil is transmitted downward through the soil at an angle of 45° + cp/2 to the horizontal. ( is the friction angle of the soil.) The plane of influence can be approximated by drawing a line up from the bottom rear edge of the wall at an angle of 45° + cp/2until it intersects the top of the backfill. Any surcharge located between the front of the wall and the point of intersection will have a measurable effecton the wall. Surcharges located beyond the point of intersection will have a minimal effect on the wall and will be neglected. The nature of a surcharge can be defined as a live load or a dead load. Essentially, a live load is that which is transient in its influence on the wall structure and a dead load is that which is taken as a permanent influence on the wall structure. In our calculations for stability, a conservative approach is followed that does not include the presence of the vertical live load weight and vertical forces on the resistance side of the equation. The location of the live or dead load surcharge, be it the retained soil or the infill soil, affects individual forces on the wall resulting in increased or decreased stability factors of safety. For example, a coherent gravity wall with a live load surcharge on the infill soil will act to decrease FOS overstress and also decrease FOS for sliding and overturning. If the live load surcharge is acting on the retained soil, we see decreases in FOS for sliding and overturning. As for a coherent gravity wall with a dead load surcharge on the infill , we see a decrease in FOS for overstress and an increase in FOS for sliding and overturning. If the dead load is on the retained soil, we see an increase in FOS for sliding and overturning. Another assumption we make in analyzing a surcharge load is that the stress within the soil due to the surcharge is constant with depth. This assumption is fairly accurate for surcharges covering a large area and will result in an error on the conservative side while greatly simplifying the analysis. More exact methods of analysis are available and can be used if desired.

allanblock.com 28 Gravity Wall Chart Page 1 of 3

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Gravity Retaining Wall Heights

Use the chart below to find the maximum height that your retaining wall can be built before reinforcement (. ./glossary/glossary-terms.a spx#reinforcement) is required. The gravity wall heights shown do not account for seismic loading. Check with a local engineer for assistance if you are in a seismic area.

Maximum Wall Heights - Gravity Retaining Walls

AB AB AB AB AB,AB Condition Stones Fieldstone Fieldstone Vertical Aztec & AB Above Frictior Only Short Long Only of Soil Type Europa Retaining Angle of the AB Anchoring Anchoring the AB Collections Wall Collection Unit(SAU) Unit (LAU) Collection 6° (Ref) 12° (Ref) 6 ° (Ref) 6 ° (Ref) 3° (Ref)

3ft. 6 in. 3 ft. 2 in. 3ft. 7 in. 5ft.10 in. 2ft. 11 in. Clay 27 ° (1.0 m) (0.9 m) (1.1 m) (1.8 m) (0.9 m) Level 5ft.4 in. 4 ft. 7 in. 5ft. 8ft. 6 in. 3ft. 9 in. Silty Sand 32° (1.6 m) (1.4 m) (1.5 m) (2.6 m) (1.1 m)

5ft. 10 in. 5ft. 2 ln. 5 ft.8 in. 9ft.8 in. 4 ft. 3 in. Sand/GravE I 36 ° .JI (1.8 m) (1.6 m) (1.7 m) (3 m) (1.3 m) Wall Heights listed are for reference only.

1 ft. 8 in. 1 ft. 4 in. 1ft. 8 in. 4 ft. 1 ft.1 in. Clay 27° (0.5 m) (0.4 m) (0.5 m) (1.2 m) (0.3 m) 100 (U ) 3ft. 10 in. 3 ft. 1 in. 3ft. 7 in. 7ft. 2ft. 4 in. Su=z· Silty Sand 32 ° (1.2 m) (0.9 m) (1.1 m) (2.1 m) (0.7 m) ,.,.,- .lGI- 1> :):;,:,.: ,'C•,.a, 4ft. 6 in. 3 ft. 6 in. 4 ft.2 in. 8ft. 2ft. 6 in. Sond/GravE I 36 ° ri:...1/,lt:.rl (1.4 m) (1 m) (1.3 m) (2.4 m) (0.8 m)

Wall Heights listed are for reference only.

2ft. 8 in. 2 ft. 4 ln. 2ft. 8 in. 4 ft. 4 in. 2ft. 1 in. Cloy 27 ° (0.8 m) (0.7 m) (0.8 m) (1.3 m) (0.6 m)

4 ft. 8 in. 4 ft. 1 in. 4ft. 4 in. 7.0ft. 4 in. 3ft. 2 in. Silty Sand 32 ° (1.4 m) (1.2 m) (1.3 m) (2.3 m) (0.9 m) : J 5 ft. 10 in. 4 ft. 7 in. 5 ft. 1 in. 8 ft. 7 in. 3 ft.9 in. Sand/GravE I 36 ° ,,._Jfff.t;J I (1.8 m) (1.4 m) (1.5 m) (2.6 m) (1.1 m) c Wall Heights listed ore for reference only.

http://www.allanblock.com/retaining-walls/gravity-wall-chart.aspx 10/7/2017 - -

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