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 property 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 soil 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 Housing 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 construction 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
Page 4 of 6 2
3 4
5 6
25 26
Page 5 of 6 27 28
29 30
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.AN l'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