HomeMy WebLinkAbout2001-04-17; City Council; 16161; 3080 Lincoln Street Certificate Of Noncompliancee 5 E %
. . p 2 6 I 8
AB# k 16 1
MTG. + l-7-01
DEPT. BLD
CITY OF CARLSBAD -AGENDA BILL
TITLE. -- DEPT. HD.
APPEAL OF DETERMINATION OF NONCOMPLIANCE FOR
3080 LINCOLN STREET CONDOMINIUM RE-ROOF CITY ATTY.
PROJECT
CITY MGR
RECOMMENDED ACTION:
That the City Council DENY the appeal of the Monterrey-Gage Homeowner’s Association
to the Building Official’s determination of a violation of Carlsbad Municipal Code section
18.04.015 in that the re-roof of the structures located at 3080 Lincoln Street, Carlsbad was
completed without the benefit of required final City permits and inspections.
(Adopt Resolution No. 2001-120)
ITEM EXPLANATION:
The property at 3080 Lincoln Street consists of approximately thirty condominium units.
The buildings, built around 1965, are two-story masonry and wood framed structures with
some open parking located beneath the dwelling units. In early 1997 and under contract
with the Monterey-Gage Homeowners Association (the Association), Sylvester Roofing of
Escondido, California (Contractor) re-roofed the structures without first obtaining a
required building permit and mandatory inspections.
The Contractor obtained a building permit nine months later; falsely stating on the
application that lightweight roof tile was used for the re-roof. The City field inspector
determined that the new roof tile is in fact standard weight tile. The Contractor did not
respond constructively or conclusively to City requests for a complete engineering analysis
and the re-roof permit expired by limitation. The City filed an infraction complaint against
the Contractor, who was found guilty of the violation and ordered to pay a nominal fine.
As part of the permit application, the Association provided the City with an engineering
analysis of the structure. That analysis was plan checked by the City’s contract plan
check engineer, and comments were issued requesting additional information about the
existing structure. Those comments were never constructively responded to, and all the
building permits obtained by the Contractor have expired. No further conclusive action
was taken on the roof in terms of permits and inspections by either the Contractor or the
Monterrey-Gage Homeowner’s Association.
It is City policy to issue permits for replacing wood shakes with either composition
fiberglass-asphalt or lightweight roofing tile without further structural engineering analysis,
because those roof materials weigh about the same or less than the wood shakes. Here,
wood shakes weighing approximately 2-3 pounds per square foot were removed and
replaced with standard weight concrete tile weighing approximately 10 pounds per square
foot. This replacement essentially triples the dead weight on the top of the buildings and
triggers compliance with Section 3403 of the Uniform Building Code. This UBC section
allows alterations to existing buildings only when it can be demonstrated that the alteration
will not create an unsafe condition. An unsafe condition exists when the building cannot
safely carry the additional weight of added materials.
PAGE 2 OF AGENDA BILL NO. 1 b ! 16 \
When standard weight roofing tile is used to replace wood shakes, the City is required to
review the building’s structural capacity. The engineering analysis provided by the
Association did not conclusively demonstrate that the buildings would withstand the weight
added by standard weight roof tile. As indicated, the Association never constructively
responded to the plan check corrections, and the building permits for the re-roof have
expired.
When the Building Official determines that CMC Chapter 18.04 has been violated, he may
file with the County Recorder a Certificate of Noncompliance pursuant to CMC section
18.04.315. On February 9, 2001, a Notice of the determination of noncompliance was
provided, by certified mail, to all property owners, and another Notice was sent on
February 21, 2001 to persons in control of the property located at 3080 Lincoln Street.
Pursuant to section 18.04.315 the Notice described the property, the conditions that
caused the noncompliance, a reasonable time limit to bring the property into compliance
(sixty days), the potential for the City to record a Certificate of Noncompliance and
information regarding appeal rights. On February 13, 2001, Association counsel filed a
timely appeal of the Building Official’s determination of noncompliance.
In order to place all current and future owners on notice of the violation and potentially
unsafe structures, staff is recommending that the City Council deny the appeal of the
Building Official’s determination of noncompliance and authorize the filing of a Notice of
Noncompliance on each title of the property with the County Recorders Office.
FISCAL IMPACT:
No fee increase is proposed by this action. The City will incur a nominal cost for filing the
Notice of Noncompliance on each title of the property with the County Recorder’s Office.
Permit fees collected for the building permit will offset the cost of providing services to the
project for inspection plan check and purposes. The City will incur no additional costs by the
adoption of this resolution.
ENVIRONMENTAL:
The Planning Director has determined that the activities that required above are categorically
exempt from CEQA review pursuant to Section 15309 of the CEQA Guidelines.
EXHIBITS:
1.
2.
3.
4.
5.
RESOLUTION NO. 2001-120
Esgil Plan Check Comments dated March 25, 1999
Notice of Non-Compliance dated February 9, 2000
Appeal dated February 13,200l
Notice of Non-Compliance dated February 21,200l
Response from City Attorney’s Office dated February 26, 2001
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2001-120
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA DENYING THE APPEAL OF THE
MONTERREY-GAGE HOMEOWNER’S ASSOCIATION TO THE
BUILDING OFFICIAL’S DETERMINATION OF A VIOLATION OF
CARLSBAD MUNICIPAL CODE SECTION 18.04.015 AT 3080
LINCOLN STREET, CARLSBAD, AND AUTHORIZING THE
BUILDING OFFICIAL OR HIS DESIGNEE TO FILE A
CERTIFICATE OF NONCOMPLIANCE ON EACH TITLE OF THE
PROPERTY WITH THE COUNTY RECORDER’S OFFICE.
WHEREAS, the property located at 3080 Lincoln Street consists of
approximately thirty condominium units.
WHEREAS, the buildings, built around 1965, are two story masonry-wood
framed structures with some open parking located beneath the dwelling units; and
WHEREAS, in early 1997, and under contract with the Monterey-Gage
Homeowners Association (the Association), Sylvester Roofing of Escondido, California
(Contractor) re-roofed the structures without first obtaining a required building permit
and mandatory inspections; and
WHEREAS, the Contractor obtained a building permit after the work had been
completed and stated on the application that lightweight roof tile was used for the re-
roof when in fact standard weight tile was used.
WHEREAS, the Contractor did not respond constructively or conclusively to City
requests for a complete engineering analysis, was cited and found guilty of an infraction
citation of the Carlsbad Municipal Code (CMC); and
WHEREAS, as part of the permit application the Association provided the City
with an engineering analysis of the re-roof; and;
WHEREAS, plan check corrections issued by the City’s contract plan check
consultant were never constructively responded to, and the building permits obtained
by the Contractor have expired.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WHEREAS, no further conclusive action has been taken on the roof in terms of
permits and inspections by either the Contractor or the Association; and
I WHEREAS, when the Building Official determines that CMC Chapter 18.4 has
been violated, he may file with the County Recorder a Certificate of Noncompliance
pursuant to CMC section 18.04.315.
WHEREAS, On February 9, 2000 and February 21, 2001 notice was provided,
by certified mail, to all owners or persons in control of the property located at 3080
Lincoln Street of the determination of noncompliance; and
WHEREAS, On February 13, 2001, Association counsel filed a timely appeal of
the Building Official’s determination of noncompliance; and
WHEREAS, the City Council has heard testimony and considered evidence in
this matter.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Carlsbad, California as follows:
1. That the above recitations and true and correct.
2. That the appeal of the Monterrey-Gage Homeowner’s Association to the
Building Official’s determination of a violation of Carlsbad Municipal Code section
18.04.015 is denied in that the re-roof of the structures located at 3080 Lincoln Street,
Carlsbad was completed without the benefit of required final City permits and
inspections.
3. That the Building Official or his designee is authorized to file, with the County
Recorder’s Office, a Certificate of Noncompliance on each property title at 3080 Lincoln
Street if the required permits are not secured and final inspection acquired by the date
indicated on the February 9,200O and February 21,200l notice.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED, APPROVED AND ADOPTED at the regular meeting of the Carlsbad
City Council on the 17th day of April 2001, by the following
’ vote to wit:
AYES: Council Members Kulchin, Finnila, Nygaard and Hall.
NOES: None-
ABSENT: Council Member Lewis
Mayor Pro Tern
ATTEST:
(SEAL)
-3-
ESGIL CDRPD?RTIoN Fax:858-560-1576 Mar 13 2001 14:22 P.02
EsOTl Corporation
fn *aA~tk ~0wnnKnt fw B&n$ Safety
DATE: 09/26/99
JURISDICTION; Cadsbad
PLAN CHECK NO.: 99-1021
P APPLICANT
SET: I
PROJECT ADDRESS: 3080 Unooln Qt.
PROJECT NAME: Reroof ffom 8k&e to Tile for 5 8truetures
n The plans transmitted herewith have been corrected where necessary and eubstant!$y comply
with the jurisdiction’s building codes,
0 The plans trensmltteci herewith will substantially comply with the jurisdiction’s building codes
when minor deficiencies identified below are resolved and checked by building department staff.
0 The plans transmitted herewith have slgnlflcant deficiencies fdentlfred on the enclosed check list
and should be corrected and resubmitted for a complete recheck.
(E3 The check list transmitted herewith is for your Information. The plans are being held at Esgil
Corporation until corrected plans are submitted for recheck,
0 The applloant’s copy of the check list is enclosed for the jurlsdlction to forward to the applicant
contact person,
m The applicant’s copy of the check list has been sent to:
Sylvester Rooflng 308 N, West El Norte, Escondfdo, Ca. 92026
q Esgil Cotporatlon staff dld not advise the applicant (except by mail) that the plan check has
been oompleted .
0 Esgil Corporation staff did advise the applicant that the plan check has been completed.
Person con&ted; Telephone #:
Date contacted: (by: 1 Fax #:
Mail Telephone Fax In Person
cl REMARKS:
By: Ray Fullw
Esgll Corporation
0 OA (J MB 0 EJ Cj PC
Enclosures:
03/l 8/99 tmwntl.dot
+i 9320 chcrapcb Drive, Suite 208 + San Diego, California 92123 + (619) SO-1468 + &I (619) 560.3576
b
-1c . a
ESGIL CORPORFITICN Fax:858-560-1576 L Mar 13 2001 14:23 P.03
Cahbrd 994031 oa/as/99
PLAN REVIEW CORRECTION LB’
SINQLE FAMILY DWELLINGS AND DUPLEXES
PROJECT ADDRESS: 3080 Linoob Qt.
STORIES: l-2
HEIGHT: Varies
DATE PLANS RECEIVED BY JURISDICTION: 03/16/99
DATE INITIAL PLAN REVIEW COMPLETED: 03/25/S@
DATE PLANS RECEIVED BY
ESGIL CORPORATION: 03/l 8/Q9
PLAN REVIEWER: Ray Fuller
~ ~-.-
FOREWORD (PLEASE READ):
This plan review Is llmited to the technlcal requirements contained in the Uniform Building Code,
Uniform Plumbing Code, Uniform Mechanical Code, National Electrical Code and state laws
regulating energy conservation, noise attenuation and acc&s for the disabled, This plan review is based on regulations enforced by the Building Department. You may have other corrections
based on laws and ordinance by the Planning Department, Engineering Department, Fire Department or other departments. Clearance from those departments may be required prior to the issuance of e building permit.
Present California law mandates that restdentlel anstruction comply with title 24 and the
following model codes: 1994 UBC (effective 12/28195), 1994 UPC (effective 12/28195), 1994 UMC (effective a/a%/QS) and IQ93 NEC (effective 12/28/95).
The above regulations apply to residential construction, regardless of the code edition6 adopted
by ordinance.
The followlng items listed need clariflcatlon, modification or change. All items must be @died before the plans will be in conformance with the cited codes and regulations, Per Sec. 106.4,3,
1994 Uniform Bulldlng Code, the approval of the plans does not permit the violation of any state, county or city law.
To rmed up the recheck DW dease note on thi$ list (or a q& where egEh
$Orre8tfO1,1 item has been addres ’ ~~rhcclfcMcatlon tg&Qmctc.
fun to endoso wed UD 1iBt w hen vou rukmlt tha rtwlrod Aan&
L@T No. 1, QENERAl8lNGl& FAhkY OWElUNGS AND DUPLEXES WITHOUT %fPPLtMmT8 (la04 WC) r3fomdot
ESGIL CORPORATION Fax:858-560-1576 I
Carlabad99-1021 03/36/99
Mar 13 2001 14:23 P.04
1.
2,
3.
4.
6,
. PlANS
Please make all corrections on the original tracings, as requested in the correction
list,
Submit three s8ts of plans for commercial/lndustriaI projects (two sets of plans for
residential prcjects), For expedltlous processing, corrected sets can be, submitted in one of two ways: 1. Deliver sll corrected sets of plans end calculations/reports directly tc the
Clty of Carlsbad Building Department, 2076 Las Palmas Drive, Carlsbad, CA 92009, (760) 433-l 161. The City will route the plans to EsGll Corporation and the
Carl&d Planning, Engineering and Fir8 Departments,
2. Bring one corrected oet of plans and calculations/reports to EsGfl
Corporation, 9320 Chesapeake Drive, Suite 208, San Dlego, CA 92123, (619)
560-1468, Deliver all remalnlng sets of plans and calculations/reports directly to
the City of Carlsbad Building Department for muting tc their Planning, Engineering
and Fire Departments.
NOTE: Plans that are submitted directly to EsGil Corporation only will not
be reviewed by the City Planning, Engineering and Fir8 Departments until review
by EsQil Corporation is complete.
Plans, specifications and calculations shall be signed and sealed by the
California state licensed engineer or architect reaponslbja for their preparation,
for plans devlating from conventional wood frame construction. Specify expiration date of license, (California Business and Professions Code).Flnal sets.
Provide calculations for lateral loads, shear panels, shear transfer and r8lsted.
Section 106.3.3.It appears that the first floor shown on page 7 of calculations is a
soft story with units above, A lateral design is going to be required for these
conditions as an already unstable condition as become worse.
Provide calculations for main vertical and horizontal framing members and footings, Section 106,3,3, No cslculatlons were presented to show that the oxMing headers an adequate.
Show on the title Sheet on the plans, the Information r8quimcl by the attached Developmental Services Sheet 4797.
l TO Speed up the r8v/ew process, note on this list (or a copy) wh81’8 each Correction Item has been addressed, i.e., plan sheet, note or detail number, calculation page,
etc.
l The jurisdiction has contracted with Esgil Corporation located at 9320 Chesspeake Drive, Suite 208, San Diego, Califcmla 92123; telephone number cf 6191560-1468,
to perform the plan review for your project. If you have any questions regarding
these plan review items, please contact Ray Fuller at Esgll Corporation. Thank
you,
City of Carlsbad
February 9,ZOOO
Certified and First Class Mail
70000520001762321677
BE: 3080 LINCOLN STREET, CARLSBAD
NOTICE OF NONCOMPLIANCE
The Building Official of the City of Carlsbad has determined that the roof covering placed on the
above property has been installed without the benefit of City permits or inspections and is not in
compliance with Carlsbad Municipal Code (CMC) 18.04.015. The roof covering has added
additional weight to the structure, and it has not been demonstrated that the building haa
sufficient structural capacity to carry the additional weight vertically and seismically.
Over the past year, City representatives have met on several occasions with members of the
Monterey Home Owners Association (HOA) Board and HOA legal counsel in an effort to
resolve this matter. To date, no permit application has been submitted. Pursuant to CMC
$1804.315 this Notice directs that within the next sixty (60) calendar days a permit and final
inspection for the in-place work be obtained or a Certificate of Noncompliance will be recorded
against the above property for a violation of CMC 18.04.015 Permits Required
Please note that the building permit application must be accompanied by documentation that will
conclusively demonstrate that the structure will sustain the additional weight of the roofing material. In the alternative, the roof may be replaced by a roof covering that does not exceed the
wet weight of the original wood shakes. This second process will also require that a permit be
issued and an inspection approved.
This finding of noncompliance may be appealed to the City Council. Any appeal must be in
written form, identify the property subject to the Certificate of Noncompliance and filed with the
Building Department within ten (10) days from the date of this notice. Any requested appeal
will be heard within sixty days of filing.
Thank you for your prompt attention towards correcting the outstanding violation on this
Prop * 77
c: City Manager
City Attorney
City of Carlsbad
February 21,200l
Monterey - Gage Homeowners Association
C/O Attorney at Law, Jeffrey C. Bloom
110 West C St Ste 1002
San Diego CA 92101-3906
Certified and First Class Mail
70000520001762321936
ICE2 3080 LINCOLN STREET, CARLSBAD
NOTICE OF NONCOMPLIANCE
The Building Offtcial of the City of Carlsbad has determined that the roof covering placed on the
above property has been installed without the benefit of City permits or inspections and is not in
compliance with Carlsbad Municipal Code (CMC) 18.04.015. The roof covering has added
additional weight to the structure, and it has not been demonstrated that the building has
sufficient structural capacity to carry the additional weight vertically and seismically.
Over the past year, City representatives have met on several occasions with members of the
Monterey Home Owners Association (HOA) Board and HOA legal counsel in an effort to
resolve this matter. To date, no permit application has been submitted. Pursuant to CMC
$18.04.3 15 this Notice directs that within the next sixty (60) calendar days a permit and final
inspection for the in-place work be obtained or a Certificate of Noncompliance will be recorded
against the above property for a violation of CMC 18.04.015 Permits Required
Please note that the building permit application must be accompanied by documentation that will
conclusively demonstrate that the structure will sustain the additional weight of the roofing
material. In the alternative, the roof may be replaced by a roof covering that does not exceed the
wet weight of the original wood shakes. This second process will also require that a permit be
issued and an inspection approved.
This finding of noncompliance may be appealed to the City Council. Any appeal must be in
written form, identify the property subject to the Certificate of Noncompliance and filed with the
Building Department within ten (10) days from the date of this notice. Any requested appeal
will be heard within sixty days of filing.
Thank you for your prompt attention towards correcting the outstanding violation on this
Property.
Principal Building Inspector
c: City Manager
City Attorney
i :
GLAVIS 8c BLOOM
JEFFREY C. BLOOM*
GRETA GLAVIS”
*ALSO *DMITTED IN NLW “ORR
A PROFESStONAL LAW CORPORAT,ON
I10 WEST C STREET. SUITE 1002
SAN DIEGO, CALIFORNIA 9~101-3906
TELEPHONE (619) 338-0800
FAX (619) 338-0885
E-MAIL tawyers@glavisbloom.com
www.glavlsbloom.com
a (“/J ‘9 . - /-/+b’
APPEAL OF FINDING OF NONCOMPLIANCE
[
February 13, 2001
Carlsbad City Council Attn: City of Carlsbad Code Enforcement 1635 Faraday Avenue Carlsbad, CA 92008-7314
Re: APPEAL OF NOTICE OF NONCOMPLIANCE 3080 Lincoln Street, Carlsbad
Dear City Council Members:
This letter responds to a Notice of Noncompliance dated February 9, 2001 (the @‘NoticeV1)' served by first class mail on the members of the Monterey-Gage Homeowners Association (the "Association"). Please be advised that the Notice failed to comply with Carlsbad Municipal Code section 18.04.315(b) in that the Notice was not served on the Association Board of Directors, which is in control of the property. Moreover, the Notice was not served on the members by certified mail.
The Association reserves its right to assert that the Notice was improperly served and thus is ineffective for purposes of initiating the time period for obtaining a permit and final inspection, for recordation of a Certificate of Noncompliance and for the filing of an appeal.
The Notice incorrectly states' that City representatives have met on several.occasions with Association Board members and with the Association's legal counsel. In fact, City representatives met only twice with Association representatives and have never met with the Association's legal counsel on this matter.
1 The Notice of Noncompliance was erroneously dated last year, February 9, 2000.
Carlsbad City Council February 13,-2001 Pace 2
Without waiving the Association's right to object to the defective Notice, this letter constitutes written notice of an appeal of the finding of noncompliance set forth in the Notice. Please schedule a hearing on the appeal within sixty (60) days of the filing of this appeal in accordance with Carlsbad Municipal Code section 18.04.315.
If you have any questions concerning this letter, please contact me at the number set forth above.
Very truly yours,
GLAVIS & BLOOM, PLC
By**
cc: Monterey-Gage Homeowners Association
F .
ri
RONALD R. BALL
CITY ATTORNEY
JANE MOBALDI
ASSISTANT CITY A-ITORNEY
DAMIEN B. BROWER
DEPUTY CITY ATTORNEY
CINDIE K. McMAHON
DEPUTY CITY AVORNEY
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CALIFORNIA 92008-1989
(760) 434-2891
FAX: (760) 434-8367
February 26,200l
RANDEE HARLIB
SECRETARY TO CITY ATTORNEY
ARDIS SEIDEL
LEGAL SECRETARY/PARALEGAL
Jeffrey C. Bloom, Esq.
Glavis & Bloom
110 West C Street, Suite 1002 San Diego, California 92101-3906
RE: NOTICE OF NON-COMPLIANCE, 3080 LINCOLN STREET, CARLSBAD
Dear Mr. Bloom:
This is to confirm our conversation of February 22, 2001 regarding your letter of
February 13, 2001. As I indicated, I was asked to respond to the concerns
contained in your letter.
As we discussed, with regard to the Notice of Noncompliance, I am informed that
the Notices were delivered by certified mail, return receipt requested. It is my
understanding that the Building Department has the postal receipts for this
mailing should you or your clients wish to examine them. To avoid any additional
confusion related to the mailing, the Building Official will send, in care of your
office, a Notice of Noncompliance to the Monterey-Gage Homeowners
Association. All property owners will have sixty days from the date of this second
notice to obtain compliance for the violations.
In addition to discussing the recent mailing, I provided you with information
related to meetings that were held between Association Board members and City
representatives. City records indicate that meetings were held on March 20,
2000 and April 21, 2000. As I indicated, I had the opportunity to attend the
meeting of April 21, 2000, which was held in an attempt to resolve the
outstanding issues related to the Municipal Code violations. Also in attendance
at this meeting were the City Building Official, Julianne Deen, Jack Fancher and
a Mr. Charles Richmond. Mr. Richmond was introduced as the Association’s
legal counsel and represented himself as such.
r,
.-
Finally, as we discussed, your client’s appeal request has been noted and a
hearing will be held within sixty days of February 13, 2001. You indicated that
your preference would be that the hearing occur on either March 27 or April 3.
I am glad that we had the opportunity to discuss these matters. Please contact
me should you have any questions or if you feel that a meeting between our
respective clients would be in order prior to the hearing.
Very
r
ly yours,
,1);.;3;3-
Deputy City Attorney
afs
c: Mayor & City Council
City Manager
Building Official