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HomeMy WebLinkAbout2019-02-27 BOAA MinutesMINUTES OF A SPECIAL MEETING OF THE BOARD OF APPEALS & ADVISORS OF THE CITY OF CHULA VISTA February 27, 2019 5:15 p.m. A Special Meeting of the Board of Appeals & Advisors of the City of Chula Vista was called to order at 5:21 p.m. in Executive Conference Room 103, located at Public Service Bldg. "A", Chula Vista, California. The meeting was started after 5:15 p.m. because they were waiting for Chair Doria to arrive. ROLL CALL PRESENT: Vice Chair Combs and Member Sclafani ABSENT: Chair Doria ALSO PRESENT: Lou El-Khazen, Building Official, Carol Trujillo, Deputy City Attorney, Megan McClurg, Deputy City Attorney, Justin Berkley, Fire Inspector, Brian Catacutan, Senior Code Enforcement Officer, Daniel Padilla, Code Enforcement Officer and Secretary Rice CONSENT CALENDAR 1. Approval of Minutes: January 23, 2019 Staff recommendation: Board approves the minutes. ACTION: Member Sclafani moved to approve staff's recommendations and offered Consent Calendar Item 1. Vice Chair Combs seconded the motion, and it carried 2-0-0-1. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS None ACTION ITEMS 2. Appeal of a Notice and Order to Vacate, 1161 Third Avenue, Chula Vista, California. Building Official El-Khazen informed the Board they had received a request form the Law Offices of Michael E. Cindrich APC, the attorney for the appellant, to continue the appeal hearing because Mr. Cindrich had a trial in Sacramento County and would not be able to attend the meeting. Ms. McClurg, Deputy City Attorney confirmed she had verified with the district attorney for Sacramento County that Mr. Cindrich was the attorney of record and the Page 1 I Board of Appeals & Advisors Minutes February 27, 2019 trial could last up to 7 or 8 days. The Board inquired if there were other attorneys in the law firm that could represent this case. Attorney McClurg said she had spoken with an attorney at that law firm and was informed there was an exclusive representation agreement between the appellant and attorney Michael Cindrich and only he could represent the client at the hearing tonight. The Board inquired as to when staff was contacted about the continuance and when they were notified by staff of the appeal hearing. Ms. McClurg said they received the request for the continuance on Monday, February 25, 2019. Building Official El-Khazen commented Mr. Cindrich was notified of the meeting 2 weeks in advance and the packet was sent via certified mail and 1st Class mail on February 11, 2019. Ms. McClurg noted that neither appellant nor appellant's attorney mentioned the possibility of a scheduling conflict, or unavailability, until February 25, 2019. She also informed the Board that the law firm had requested continuance as to other hearings, including a second hearing scheduled for earlier in the day, based on Mr. Cindrich's unavailability. Staff told the Board they had informed the Appellant's law firm they would present the request to continue the appeal hearing and reasons therefore but the decision to continue the hearing was the Board's. The Board discussed the importance of providing due process but decided the allegations that the building was currently occupied and was dangerous to human life required the Board's review of the Notice and Order of Dangerous Building, as noticed, at the February 27, 2019 special meeting. They were of the opinion, when it came to granting a continuance, if they have reasons to believe the business was operating illegally they would be less inclined to do so. The Board denied Appellant's request to continue the requested appeal hearing. Deputy City Attorney Trujillo presented Vice Chair Combs with a script outlining the protocol and procedures for the hearing on Appeal of Notice and Order of Dangerous Building at 1161 Third Ave. The Building Official, Code Enforcement Officers and Fire Inspector were sworn in by Vice Chair Combs. Building Official El-Khazen gave an overview of the appeal of Notice and Order to Vacate 1161 Third Avenue. The property owner was PGN 198, LLC and the tenants were Chula Vista Exotics. The appellant's representative the Law Offices of Michael E. Cindrich APC were not at this meeting today. Chula Vista Exotics was an illegal cannabis business located at 1161 Third Avenue (the "Property"). The illegal business contained unpermitted construction alterations including but not limited to interior walls, electrical, doorways, and an unpermitted use resulting in an unsafe building as it was improperly occupied, had inadequate egress, was a potential fire hazard, was being maintained as a public nuisance, and was otherwise dangerous to human life. Since August of 2017, staff had 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 have ignored the many legal notices issued to them and continued to operate with disregard to local and State rules and regulations. The City issued a Notice and Order to Vacate, which was being appealed to the Board. Mr. El-Khazen went over some of the codes and regulations that were listed in the staff report and applicable to the case. They were as follows: CVMC 1.3.040 states whenever a Page 2 1 Board of Appeals & Advisors Minutes February 27, 2019 public nuisance is declared; it may be abated in accordance with the municipal code.; CVMC 15.06.060(E) Occupancy Violations; CVMC 15.06.065(D) Unsafe buildings; CVMC15.06.075(A) Unlawful acts; CVMC 15.06.075(B) Notice of Violations; CVMC 15.06115(A) Certification of Occupancy. Daniel Padilla, Code Enforcement Officer reviewed the case history, summarized in the staff report, that described the efforts they had taken since August 2017 dealing with different property owners and an unpermitted cannabis business tenant. Justin Berkley, Fire Inspector reviewed the inspection report of June 2018. He noted when they arrived at the property there were 3 blocked exits. One from the main entrance facing Third Avenue, and two along the driveway with only one way to get in and out of the building through the back door. In addition to inadequate egress, there were several code violations that included: the presence of unpermitted magnetic locking doors, unpermitted interior doors, missing signage, illegal electrical and general building without permit violations. These illegal improvements were deemed to be a fire hazard and could create life and safety issues in the event of a fire, medical emergency or natural disaster. Staff presented the tenant with the corrections that would have to be made and advised them to call for a reinspection when they were ready. The tenant never called back to schedule the reinspection. Building Official El-Khazen concluded the building at the Property is currently being used as an illegal business, contains unpermitted construction alterations, is being maintained as a public nuisance, and is otherwise dangerous to human life. The business and Property owners have ignored the Notices issued to them. As a result, City staff respectfully recommends that the Board of Appeal and Advisors deny the alleged Property tenant's appeal of the Notice and Order of Dangerous Building and uphold the Building Officials and Fire Marshal's determination that the building at 1161 Third Avenue is improperly occupied, is unsafe, and is being maintained as a public nuisance. Mr. El-Khazen further added that he would like to recommend that the Board move to admit the entire packet as evidence. ACTION: Vice Chair Combs made a motion to admit the entire packet into evidence. Member Sclafani seconded the motion and it carried 2-0-0-1. The Board asked for clarification on staff s recommendation concerning alleged "Property tenant's" if that was an error? Mr. El-Khazen explained they were referring to the "tenant." The appellant's counsel was representing the tenant, Chula Vista Exotics, even though PNG 198 was the property owner. Attorney McClurg confirmed that was correct. The Property owner did not appeal the Notice to Vacate just the tenant, and since they alleged they had a legal interest in the property they were able to request an appeal. Mr. El-Khazen said the correction they would like to make is that Chula Vista Exotics is the appellant. Page 3 1 Board of Appeals & Advisors Minutes February 27, 2019 ACTION: Vice Chair Combs made a motion to accept the change that staff requested. The packet will reflect the change and be accepted into evidence. Member Sclafani seconded the motion and it carried 2-0-0-1. Deputy City Attorney McClurg pointed out another correction to make. In the packet they refer to a Notice in Order to Vacate. However, in Exhibit 8 of the packet the correct title was Notice and Order of Dangerous Building. She wanted the record to reflect that change. ACTION: Vice Chair Combs made a motion to accept that change into the packet. Member Sclafani seconded the motion and it carried 2-0-0-1. ACTION: Vice Chair Combs made a motion that the Property is currently being used as an illegal business, contains unpermitted construction alterations, is being maintained as a public nuisance, and is otherwise dangerous to human life. The business and Property owners have ignored the Notices sent to them. As a result, he recommends that they deny appeal of the Notice and Order of Dangerous Building and uphold the Building Officials and Fire Marshal's determination that the building at 1161 Third Avenue is improperly occupied, is unsafe, and is being maintained as a public nuisance. Member Sclafani seconded the motion and it carried 2-0-0-1 with Chair Doria absent. 3. Consideration of the Findings and Decision on the Appeal of a Notice and Order to Vacate, 1283 Third Avenue, Chula Vista, California, as an Unsafe Building and a Public Nuisance, which the Board denied on January 23, 2019 and upheld the Building Official's recommendation; if approved, directing Chair Jose Doria to execute same. Mr. El-Khazen stated the Board had reviewed this case on January 23, 2019 and staff was bringing it forward for formal approval and signature of the Board of Appeals and Advisors. Deputy City Attorney Trujillo asked that Vice Chair Combs read and approve the written findings. Vice Chair Combs pointed out that Chair Doria's name was noted as approver and would strike through it putting his own name and sign the document. Ms. Trujillo stated that would be acceptable. ACTION: Vice Chair Combs made a motion to execute the Findings and Decision that are before the board tonight. Member Sclafani seconded the motion and it carried unanimously 2-0-0-1. INFORMATION ITEM 4. Review of an Ordinance of the City of Chula Vista amending Chapter 15.06 of the Chula Vista Municipal Code to comply with State law. Mr. El-Khazen handed out a revised draft of the proposed ordinance listing minor changes. He reviewed the proposed ordinance and changes. He explained that currently when an application for permit is submitted it will expire in 180 days. If the applicant wishes to extend they can apply for an extension and if the reasons are justified the Building Official can, per the municipal code, extend for one time. The same thing happens to a building permit once it is issued. The proposed amendment will allow the Page 4 1 Board of Appeals & Advisors Minutes February 27, 2019 City to keep the permit active for 12 months and gives the Building Official the authority to grant as many extensions that are necessary and reasonable. If a code has changed, per State law, and they have not issued the permit, the application needs to be brought up to current code standards and charged the applicable fees. The same standards will apply for a residential and commercial permit. The proposed Ordinance amendments will go to City Council on March 12, 2019. OTHER BUSINESS 5. STAFF COMMENTS - Mr. El-Khazen commented he had talked to Chair Doria and the reason he could not attend tonight's meeting was due to his spouse being ill. The Board said they would excuse Chair Doria at the next meeting. 6. CHAIR'S COMMENTS - Vice Chair Combs inquired about the status of the Bayfront project. Mr. El-Khazen stated construction had not started but grading permits were issued. The city is waiting on the RV park to vacate because part of the grading includes that property. In terms of plan review, there have been discussions with the architects regarding alternate methods and materials and interpretation of codes. Overall, the project is moving forward. 7. COMMISSIONERS'/BOARD MEMBERS' COMMENTS - Member Sclafani inquired if there were any prospects to fill the vacancies on the Board of Appeal & Advisors. Staff replied that he has been in contact with the City Clerk and so far, there weren't any prospects. Member Sclafani mentioned he had reached out to a few individuals and was wondering if they had applied. ADJOURNMENT At 6:10 p.m., Vice Chair Combs adjourned the meeting to a Regular Meeting on March 11, 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 5 1 Board of Appeals & Advisors Minutes February 27, 2019