HomeMy WebLinkAbout2018-12-10 BOAA MinutesMINUTES OF A REGULAR MEETING OF THE
BOARD OF APPEALS & ADVISORS
OF THE CITY OF CHULA VISTA
December 10, 2018
5:15 p.m.
A Regular Meeting of the Board of Appeals & Advisors of the City of Chula Vista was called to
order at 5:15 p.m. in Conference Room 137, located at Public Service Bldg `B", Chula Vista,
California.
ROLL CALL
PRESENT: Chair Doria, Combs, and Sclafani
ABSENT: None
Building Official El-Khazen noted Member Sanfilippo had termed
out and formally retired from the board.
ALSO PRESENT: Lou El-Khazen, Building Official, Carol Trujillo, Deputy City
Attorney, Megan McClurg, Deputy City Attorney, and Secretary
Rice
CONSENT CALENDAR
1. Approval of Minutes: October 8, 2018
Staff recommendation: Board approves the minutes.
ACTION: Member Combs moved to approve staffs recommendations and offered Consent
Calendar Item 1. Member Sclafani seconded the motion, and it carried 3-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
None
ACTION ITEMS
2. Consideration of the Findings and Decision on the Appeal of a Notice and Order to
Vacate, 3149 Main Street, Chula Vista, CA, as an Unsafe Building and a Public
Nuisance, which the Board denied on October 8, 2018 and upheld the Building Official's
recommendation; if approved, directing Chair Jose Doria to execute same.
Page 1 I Board of Appeals & Advisors Minutes December 10, 2018
Member Combs asked if the appellant had taken out a building permit. Mr. El-Khazen
replied no. He informed the board that the cannabis business had vacated the property
and opened in another location the next day. Code Enforcement did an abatement against
them. The property owner, of 3149 Main Street, is now working with the city to get the
building without permit removed or legalized.
Deputy City Attorney, Megan McClurg, further stated the property owner had signed a
settlement agreement with the city where they agreed to specific terms and to diligently
pursue timelines that Code Enforcement set for them. They had to pay a settlement sum
up front and the city suspended an amount contingent on their cooperation with the
agreement which would include a diligent abatement of that building without a permit
condition. There was a significant amount at stake if they didn't follow through with the
timeline Code Enforcement had given them.
It was noted that the appellant and his attorney were not present. The board asked if they
had been notified of this meeting. The building official confirmed that they had.
However, no response had been received from either the property owner or his attorney.
Chair Doria asked if there were any more comments from the board. There were none.
Mr. El-Khazen asked if Chair Doria was ready to sign the Findings and Decision
document. Chair Doria affirmed that he was.
ACTION: Member Sclafani made a motion to direct Chair Doria to execute the Findings
and Decision that are before the board tonight. Member Combs seconded the
motion and it carried unanimously 3-0.
OTHER BUSINESS
4. STAFF COMMENTS -
Building Official El-Khazen commented there were two appeals that had been filed for
cannabis dispensaries that had done work without a building permit just like the one they
had recently reviewed for 3149 Main Street. He wanted to present this to the board at
their next regular scheduled meeting on January 14, 2019; however, he had been notified
that Member Sclafani would be out of town on a business trip.
The board debated about the next meeting date and it was decided that a Special Meeting
could be held on January 23, 2019.
5. CHAIR'S COMMENTS- None
6. COMMISSIONERS'/BOARD MEMBERS' COMMENTS- None
Page 2 1 Board of Appeals & Advisors Minutes December 10, 2018
ADJOURNMENT
At 5:15 p.m., Chair Doria adjourned the meeting to a Special Meeting on January 23, 2019 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 3 1 Board of Appeals & Advisors Minutes December 10, 2018