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HomeMy WebLinkAbout2018-10-08 BOAA MinutesMINUTES OF A REGULAR MEETING OF THE BOARD OF APPEALS & ADVISORS OF THE CITY OF CHULA VISTA October 8, 2018 5:05 p.m. A Regular Meeting of the Board of Appeals & Advisors of the City of Chula Vista was called to order at 5:05 p.m. in Conference Room 137, located at Public Service Bldg `B", Chula Vista, California. ROLL CALL PRESENT: Chair Sanfilippo, Combs, Doria and Sclafani ABSENT: None ALSO PRESENT: Lou El-Khazen, Building Official, Michael Bruce, Code Enforcement Officer, Justin Gipson, Fire Marshal, Carol Trujillo, Deputy City Attorney, Megan McClurg, Deputy City Attorney, Steve Mattia, Attorney for property owner Nozad Shaba, and Secretary Rice CONSENT CALENDAR 1. Approval of Minutes: April 9, 2018 Staff recommendation: Board approves the minutes. ACTION: Member Doria moved to approve staff s recommendations and offered Consent Calendar Item 1. Member Combs seconded the motion, and it carried 4-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS None ACTION ITEMS 2. Elect new Chair and Vice Chair for fiscal year 2018/19 Staff recommendation: Board elect new Chair and Vice Chair Page 1 I Board of Appeals & Advisors Minutes October 8, 2018 Building Official, Lou El-Khazen, noted there were two new members Jim Combs and Anthony Sclafani joining the board he welcomed them and looked forward to working with them. The board discussed election of new officers. It was noted that Chair Sanfilipo had termed out but had stayed on the board until new members were inducted. Jose Doria accepted the position of Chair and member Jim Combs accepted as Vice Chair. ACTION: Member Doria made a motion to elect himself as Chair and Jim Combs as Vice Chair. Member Sanfilippo seconded the motion and it carried unanimously 4-0. Carol Trujillo, Deputy City Attorney, presented to Chair Doria a script outlining the protocol and procedures for the hearing on the Appeal of a Notice and Order to Vacate, for 3149 Main Street that the Chair reviewed and implemented. 3. Appeal a Notice and Order to Vacate: 3149 Main Street, Chula Vista As summarized in the staff report, Building Official, Lou El-Khazen stated the "Chula Vista Fire House" is an illegal marijuana business located at 3149 Main Street. The illegal business contains unpermitted construction alterations including but not limited to interior walls, electrical, doorways, and an unpermitted change of use resulting in an unsafe building as it is improperly occupied, has inadequate egress, is a potential fire hazard, is being maintained as a public nuisance, and is otherwise dangerous to human life. For over a year, staff has been taking enforcement action against the business and property owner to stop the illegal business and restore the property to its original status. The business and property owner ignored the many legal notices issued to them and continue to operate with disregard to local and State rules and regulations. The City issued a Notice and Order to Vacate which is appealed to the Board. Staff went over the local and state regulations that were outlined in the staff report and relevant to the case. Chula Vista Municipal Code (CVMC) 1.30.040 states: whenever a public nuisance is declared; it may be abated in accordance with the municipal code. Chula Vista's Municipal code clearly requires that all tenant improvements that are done on buildings within the City of Chula Vista be subject to the permitting processes as well as inspections under CVMC 1506.080 and permits CVMC 1506.100. Tenant improvements must be inspected and approved by the city's building inspectors and city fire officials. Mr. El-Khazen noted the tenant improvement has not been permitted by the City of Chula Vista and cannot be permitted by the City of Chula Vista because of the illegal use of the facility as a marijuana business. Staff recommendation: That the Board of Appeals and Advisors deny the property owner's appeal of the Notice and Order to Vacate and uphold the Building Officials and Fire Marshal's determination that the building 3149 Main Street is improperly occupied, is unsafe, and is being maintained as a public nuisance as an unlawful marijuana business. Page 2 1 Board of Appeals & Advisors Minutes October 8, 2018 Attorney Steve Mattia, (343 E. Main Street, Ste, 202, El Cajon, CA 92020) representing the property owner (Nozad Shaba, 608 Sandra Lane, El Cajon, CA 92019), who was not present, stated he had been retained by his client today, October 8, 2018. The tenants had vacated the building as of yesterday October 7, 2018. His client was not involved in the business. Mr. Mattia stated he had visited the property today at approximately 3:30 p.m. Some photos had been taken which showed the building had been vacated and that the unpermitted structural improvements were still there. It was the intent of his client to bring it into compliance remove the illegal improvements and work with code enforcement and the building department to get the necessary permits for demolition to bring the building back to the way it used to be. At this time, the client had no plans for a new tenant; however, in the future they would want to lease it for a lawful use. Attorney Mattia petitioned the board to continue the hearing to allow him time to work with his client and staff so they could get all the necessary information concerning the violations and permitting process. Upon conclusion of Mr. El-Khazen's staff report and Fire Marshal, Justin Gipson's response to the board's questions concerning inadequate egress, as it pertained to electronic door lock mechanisms, and further deliberation of the case history on 3149 Main Street, and the issues concerning illegal operation of the business, illegal tenant improvements of partitions, walls, electrical, doorways the Board of Appeals & Advisors concurred with staff's recommendation to deny the property owner's appeal of the Notice and Order to Vacate. Mr. Mattia asked city attorney McClurg for clarification of what upholding the denial of appeal meant for his client. Ms. McClurg explained if the Notice to Vacate is upheld, as is, it was a valid determination when it was posted. She wouldn't be able to elaborate any further because they cannot provide legal advice to his client on how to interpret the Notice to Vacate. ACTION: Chair Doria made a motion to deny the property owner's Appeal of the Notice and Order to Vacate and uphold the Building Official's and Fire Marshal's determination that the building at 3149 Main Street is improperly occupied, is unsafe, and is being maintained as a public nuisance as an unlawful marijuana business. Vice Chair Combs seconded the motion and it carried unanimously 4-0. OTHER BUSINESS 4. STAFF COMMENTS - Mr. El-Khazen gave an update on some of the projects that are being worked on which included the Chula Vista Bay Front Resort Hotel and Convention Center, Millenia, Villages 2, 3 and 8 and university site. The high volume of construction is constant with many promising projects on the horizon. Along with these types of project, staff Page 3 1 Board of Appeals & Advisors Minutes October 8, 2018 anticipates alternate methods of material request, code interpretation (if there is an issue) that may be reviewed by the board for their input. 5. CHAIR'S COMMENTS- None 6. COMMISSIONERS'/BOARD MEMBERS' COMMENTS- None There was discussion about the next meeting and whether it would be a Special Meeting. Mr. El-Khazen asked for clarification. It was suggested by City Attorney Trujillo, that the Board of Appeals & Advisors direct the city attorney's office to prepare a written decision based on the testimony and have the board meet again and review that decision to validate it and adopt it. This could wait until their next regular scheduled meeting (November 12, 2018), or they could hold a Special Meeting which requires 24-hour notice. This could happen as soon as Thursday, October 11, 2018. Chair Doria questioned the urgency. Ms. Trujillo explained any time a board makes a decision the appellant can decide to appeal it. They wanted to make sure in terms of due process they were giving the appellant an opportunity to do that. After more deliberation, the board decided to stay with their regular scheduled meeting of November 12, 2018. ADJOURNMENT At 6:15 p.m., Chair Doria adjourned the meeting to the next Regular Meeting on November 12, 2018 at 5:15 p.m. in Conference Room 137 located at Public Service Bldg "B", 276 Fourth Avenue, Chula Vista, California. Rosemarie Rice, Secretary Page 4 1 Board of Appeals & Advisors Minutes October 8, 2018