evited ard Published 2/05/2024 om Appeal to Construction Board of Appeals this request to appeal must be received by the Chief Building Official within 10 days of date of the associated Notice to be considered timely filed. vith this submit any supporting documents or photo: aling Adcress 505 Bath Street _ cy _Santa Barbara stow CA (if Applied Business Name __ Business License # 2. Interest in Notice & Order. (Place Xin front of selection) [Ua coats pecsonaty — EJs crargedastne — [Te seting asthe tg athories Agent of ‘owner of the property the cited business or homeowner 3. Notice & Order. ate ot wovce 3/10/2025 cade case number _CODE-000007-2025 Address of property noticed 1150 Laurel Lane, San Luis Obispo, CA 93401 ‘San Luis Obispo Municipal Codes 15.02.130 Code violations) being appealed: International Property Maintenance Codes 111.1.1, 111.1.3, 111.14, and 11.4.5 4, Reason for appeal. ~- ~ Give a brief statement of why you are appealing and why the notice & order should be revoked, modified, or otherwise set aside, Attach additional sheets as necessary. Any documents or photos you wish to submit in Support of your appeal should be includes with this form, (number of sheets attached __37_}. ‘An application for appeal shall be based on a claim that the true intent of the code or the rules legally adopted thereunder nave been incorrectly interpreted, the provisions of the code do not fully apply or an equivalent tr better form of construction is proposed. The board shall not have authority to waive requirements of the code or interpret the administration of the code. Please see the attached letter | | a Questions about this form or the appeal process? ¥ Building Official at the Community Development Department (819 Palm Street) or (805)781-7157 Contact the Ct5. Appeal to Construction Board of Appeals Questions about this form or the appeal process? Contact the Chief Building Official at the Community Development Department (919 Palm Street) or (805)781-7157 Appeal Process. Per the International Property Maintenance Code Section 107, appeals wll be heard by the Construction Board of Appeals, whose final decision may be challenged by writ to the superior court. Appeal before the Construction Board of Appeals must be accompanied by payment. The fee for appeal is $1,106. if the Board makes a determination that the appealed violations listed in the associated Notice & Order was applied or interpreted in error, the fee will be refunded. Please indicate form of payment below. Failure to make a selection will result in rejection of the appeal. {have read the above and choose: (Place X in front of selection) re ee | ave included a check for $1106 with this form | | request to pay by credit/debit card. Please send an electronic invoice in the ‘amount of $1,106 to my email at [email protected] | understand that if payment if not made within 5 days of receiving the requested invoice, the appeal will be rejected. Election to forego an in-person heating. Iris your Nght to heve an in-person hearing. However, you are under no obligation to appear. tf you Choose, you may select to have Your appeal reviewed on the record (all documents, plctures, et. submitted by yourself or the City). | want my appeal heard onthe record 0 donot need to appear C] ‘Truth of Appeal declare under penalty of perjury that al of he facts stated inthis appeal are true and that this ppealtorm wassined on: Y/3/22E a Sms Obs __,_ Ct. Date Gy state ifltferen from the address in Paragraph 1, the official mailing address to receive further notices fom iy relating to the appeals Srectadres cy = co ie. UU SS fade yn Signature of Appellant Print name of Appellant A hepigo Represohee Email to: [email protected] OR Mail or Deliver in person to: Chief Building Official, 919 Palm St., San Luis Obispo, CA 93404Revised and Published 2/08/2026 i ppeal to Construction Board of Appeals L279 ris request to appeal must be received by the Chief Building Official within 10 days of date of the associated Notice to be considered timely filed. Please submit any supporting documents or photos with this form. 1. Appellant. Name _ Laurel Creek, LP 805-965-2100 [email protected] Phone Email Mailing Address 505 Bath Street Santa Barbara state CA Zip Code _ 93104 city (if Applicable) Business Name Business License # 2. Interest in Notice & Order. (Place Xin front of selection) X Jo. charged astre — L_]e. acting he egaly authorized Agent of ‘owner ofthe property the cited business or homeowner 3/10/2025 code Case Number _ CODE-000007-2026 JA. charged personally 3. Notice & Order. Date of Notice Address of property noticed: 1150 Laurel Lane, San Lt Obispo, CA 93401 ‘San Luis Obispo Municipal Codes 15.02.4130 ode violations) being appealed: International Property Maintenance Codes 111.1.1, 1111.3, 111.14, and 111.1.5 4, Reason for appeal - Give a brief statement of why you are appealing and why the notice & order should be revoked, modified, oF otherwise set aside. Attach additional sheets as necessary. Any documents or photos you wish to submit in Support of your appeal should be included with this form. (number of sheets attached _37_}. ‘An application for appeal shall be based on a claim that the true intent of the code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply or an equivalent tr better form of construction is proposed, The board shall not have authority to waive requirements ofthe code or interpret the administration ofthe code. Please see the attached letter ‘Questions about this ferm or the appeal process? Contact the Chief Building Official at the Community Development Department (819 Palm Street) or (805)781-7157LAUREL CREEK, LP TO: San Luis Obispo Construction Board of Appeals FROM: Patrick Smith, on behalf of Laurel Creek LP DATE: March 19, 2025 RE: Notice and Order ~ Code Case # CODE-000007-2025 Dear Construction Board of Appeals, We are writing to formally appeal the Notice & Order issued on March 10, 2025, regarding the ongoing construction at 1150 Laurel Lane. The Notice & Order cites life safety concerns as the primary reason for the vacate order, which has had a significant impact on the tenants of the building. While we recognize the importance of addressing life safety issues, we respectfully request that the City allow for a more reasonable path forward that mitigates hardship to tenants while still addressing any legitimate safety ‘concerns raised. Below are the specific issues identified in the Notice & Order, and our responses to the concerns raised: 1, Structural Integrity of the Building: The Notice & Order states thatthe structural integrity of the building has been compromised and is unsafe for occupancy. We respectfully assert that this conclusion was reached without any third-party structural engineer's review to confirm this assumption. In fact, the building has not been structurally compromised, as evidenced by a letter from the property’s structural engineer (Ashley & Vance Engineering), which was provided to the Chief Building Official on March 7, 2025, prior to the delivery of the Notice & Order, and is, attached as part of this appeal. Following receipt of the Notice & Order, we promptly reiterated the structural engineer's findings in a leter that was sent to both the Chief Building Official and City Manager on March 12, 2025. We were advised on March 14, 2025, that the Chief Building Official dismissed the engineer's, confirmation, citing that the removal of the exterior fagade “typically” impacts the structural integrity. We respectfully request that the City consider a more thorough approach, either by engaging the project's structural engineer, who is familiar with the building and communicates regularly with the City, or by commissioning an independent evaluation to address any concems. The historical building plans dated back to 1957 are also attached to this appeal for your reference. 2. Fire Separation & Means of Egress: The work to complete the fire separation and means of ‘egress are part of the work to be completed under the open building permits in the warehouse area, and is a minimal amount of work that is scheduled for completion within the next 60 days. We acknowledge that this work still needs to be completed, but believe that there must be a more reasonable approach to ensuring safety of the tenants in the meantime besides forcing the tenantsto vacate the building. These permits were re-issued/opened and paid for on 1/22/2025, Please see attached. 3. Temporary Certificates of Occupancy: We are aware that Temporary Certificates of ‘Occupancy have run for a period of multiple months if not years throughout the City of San Luis Obispo. We believe that there must be a more reasonable approach to ensure tenant and employee safety while this important work is completed, rather than requiring tenants to vacate the building. These permits were re-issued/opered and paid for on January 22, 2025 (see attached), and we have continued to make progress on these critical safety improvements. We request that the city allow accommodation permitting tenants to remain while this work is completed. Additionally, the office space leased to SLC City Church has historically been office space and wasn’t subject to a TCO (see attached building plan on file with the city from 2003), and the Bang the Drum premises have received a full Certificate of Occupancy, not a TCO. Accordingly, we respectfully request that this be taken into account in regards to these two tenants, as these spaces do not have expired TCOs. We have been informed by the Chief Building Official that tenants whose primary use of the building is for warehouse space, with ancillary office areas, are permitted to continue occupying the premises. This applies to two tenants, Ernest Packaging and Empire Electric. While we are grateful that these tenants are not being disrupted by the Notice & Order, this situction raises a concern regarding the overall safety assessment of the building. If the building is deemed unsafe, it is unclear why certain tenants are allowed to remain while others are required to vacate. We respectfully ask for clarification on the criteria being used to determine which areas of the building are deemed safe for occupancy and which are not. Request for Relief and Path Forward While we fully understand and support the City’s commitment to safety, we urge the City to consider a more balanced approach to addressing these concems. The vacate order is causing significant hardship to the tenants whose livelihoods depend on their businesses remaining open. As an example, tenants like SLO City Church, which have recently expanded their services to provide care for special needs children and contributes over $100,000 annually to help provide food, rent assistance, housing, and so much more to people within our city. Tenants like Cal Fire, whe plays a critical role in saving lives and protecting our from destruction, which operation may face disruption under the vacate order that could severely hinder their operations. Similarly, businesses like Office Hours, that create a welcoming office space for all to launch new businesses, receive coaching, and create an environment of job creators, and Bang the Drum, which is a vital part of our commurity, not only as a thriving business but also as an inclusive cultural hub. As an establishment, Bang the Drum has earned a reputation as an iconic gathering space that supports and celebrates diversity, particularly for the LGBTQ+ community and other marginalized groups. We ask for the City’s understanding of the economic and social impact that this vacate order is having on these tenants and their communities. We are committed to making the necessary improvements to the building to address all safety concerns and have already invested over $1 million in the last 3 months to censure compliance.We also wish to highlight that this project is in alignment with the City of San Luis Obispo’s pro-housing stance and its ongoing efforts to address the community’s housing needs. The ongoing construction at 1150 Laurel Lane is a crucial part of the broader goal to expand housing availability and support the City’s efforts to increase both residential and commercial spaces. By continuing with this project, we are ‘working to create a more vibrant, inclusive community that supports not only business growth but also residential development in line with the City’s housing objectives. We are committed to meeting the City’s standards while contributing to its long-term vision for sustainable growth and housing solutions. We respectfully request that the City consider the broader benefits of this project and the potential for continued progress toward these shared goals as part of the appeal process. ‘We request that the City revoke the vacate order to Sent: Friday, March 7, 2025 2:44 PM To: Loew, Michael Subject: Fwd: Laurel as-built cross bracing review jis message is from an External Source. Use caution when deciding to open attachments, click. ks, oF respond. Following up on our conversation yesterday afternoon. Please find below an email from our structural engineer after his review of the cross bracing/ structure. In short, the structural elements of the building remain intact and have not been altered/ removed. | also wanted to add that | have been addressing concems raised by tenants over the past two days. HASLO informed me that they have vacated the building, stating that a city official advised them the buiding was unsafe to occupy due to "structural issues." They also mentioned that the City is expediting their relocation to an alternative space in an effort to help them out, A second tenant shared that the first was leaving (water cooler talk) and asked if they should be leaving as well. We are working diligently on the fire line. Ownership has spent over 1MM in the past two months funding work per our outlined schedule shared with you previously. We would like to be moving faster. This is a complicated process and | think we'll see work in place moving quickly again now that much of the management legwork has been completed. Our focus has been on the fire line and now that that it is mostly lined out for the work to be installed we are transitioning our energies to the interior AMMR scope.Thank you again for being patient and we are looking forward to completing the work. See you Tuesday at 2pm for our site walk. If the time needs to change please just call and | will make sure to be there (I pick up my son at 250pm but can come back to site immediately following). Chuck Braff M: 310.990.6897 Begin forwarded message: From: Truitt Vance Subject: Laurel as-built cross bracing review Date: March 7, 2025 at 9:41:21 AM PST To: Chuck Braff Ce: Laurel Creek Chuck, As you requested | reviewed the existing as-built plans and confirmed the bracing locations shown on the original structural drawings (For Construction, March 25, 1957, S-4) are also still in place in the field, based on a recent photo review. If it helps with some of the confusion you relayed to me, there was never any similar bracing designed in the transverse, or short direction of the building. The lateral system in this direction utilized at the time was a combination of fixed truss to column as well as fixed base details (S-6) on the columns. The concrete wall panels that were partial height and that were removed during construction were not contributing to the lateral stability of the building in any way. The design of the new improvements were to be structurally independent of the building and do not rely on the building for support, not contribute to it's seismic load. If you or anyone else has any other questions please let me know. Truitt ‘Truitt Vance, PE 4 805.592.2401805.545.0010 x112 i229 Carmel San Luis Obispo,CA 99999 sovvauhlewuanee comToew, Michael Friday, March 14, 2025 9:53 AM Jonathan Branoff; Tway, Timothea (Timmi) Patrick Smith; Robert Bares; Symens, Sadie RE: Laurel Creek - Response to Notice and Order CODE-00007-2025 Dear Patrick Smith, {am writing to clarify the purpose and accuracy of the Notice and Order (CODE-00007-2025) issued for the Laurel Creek Property on March 10, 2025. ‘The Notice and Order deems portions of the building dangerous due to unauthorized use of spaces without valid certificates of occupancy. In addition, the units and suites referenced in the Notice each require an associated Tenant Improvement building permit. While the owner has recently obtained reissued permits for certain required work, both the temporary certificates cf occupancy (TCOs) and the related Tenant Improvement permits have expired, meaning the units were not authorized for occupancy at the time the Notice was issued. The Corrective Action component of the Notice properly states that permits must be maintained in an “Issued” status. Regarding the structural bracing issue, while we acknewledge receipt of the email from Ashley Vance dated March 7, 2025, this email does not constitute sufficient evidence to refute the City's findings or its decision to issue the Notice and Order due to multiple observed defects. The analysis referenced in the letter was based on a review of unidentified past plans and photographs rather than an in-person site assessment or an official structural analysis of the current conditions. Neither the plans nor the photographs reviewed were provided to the City. Given that exterior walls typically provide shear bracing and many have been removed leaving the structure exposed to the exterior elements, and absent further demonstrated evidence to the contrary, the City maintains its determination that the structural integrity of the building has been diminished. This contributes, in part, to the City's conclusion that the identified units are unsafe to occupy because required work related to building permits BLDG-2361-2020 and BLDG-0813-2021 has not been completed by the property owner. Additionally, the Notice does not revoke certificates of occupancy; rather, it notifies the owner that the previously issued TCOs have expired. Occupying the building under expired TCOs constitutes noncompliance, and the City has escalated enforcement accordingly. Therefore, at this time and for the reasons stated herei the City declines your request to rescind the Notice. Please refer to the Notice for additional information on required action and the appeal process. Michael Loew Deputy Director/Chief Building Official CITy OF San LUIs OBISPO Community Development E Mloew@slocit 805.781.7157 slocity.org OeexB Stay connected with the City by signing up for e-notificationsBILLING CONTACT LAUREL CREEK LP INACTIVE 505 BATH St SANTA BARBARA, CA 93101 Payment Date: 01/22/2025 4! IPT. AUS SE ree Reference Number Fee Name ‘Transaction Type Payment Method Amount Paid ‘BLDG-2361-2020, Permit Reissuance Fee- SLOG Foe Payment __[oneck #1425 $171.00 Supplemental Inspection (Building) - BLOG Foo Payment __ [Check #1425 $1,296.00 1150 Laurel Ln San Luis Obispo, CA 93407 ‘SUB TOTAL $1,466.00 TOTAL $1,466.00 - ‘Cay of San Luis Obispo age tof sryRECEIPT (TRC-045748-01-22-2025) Ta tanAclae ny ne ks ied BILLING Contact Laurel Creek LLC Patrick Seth 4150 Laurel Ln San Luis Obispo, CA 93401 Payment Date. 01/22/2025 ference Number Fee Name Transaction Type Payment Method Amount Paid Permit Reissuance Fea BLOG Fee Payment [check #1425 3171.00 ‘Supplemental Inspection (Bulking) - BLOG Fee Payment [Check #1425, $518.00 1150 Laurel Ln San Luis Obispo, CA 93401 sup ToraL| $689.00 | TOTAL $689.00 Janay 22,2028. 1:36 Pua Coty of San Le Obispo Page vatsBILLING CONTACT LAUREL CREEK LP INACTIVE 505 BATH St SANTA BARBARA, CA 93101 Payment ate: 01/22/2025 Reference Number Fee Name Metal A UCR DI A RARE) Transaction Type Payment Method Amount Pai BLDG-0813-2021 Permit Relssuance Fee BLOG Foo Payment [Check #1425, 3171.00 ‘Supplemental inspection Building) - BLOG FoePayment [check #1425 35,885.00, 1180 Laurel Ln San Luis Obispo, CA 93401 ‘SUB TOTAL 34,056.00, TOTAL $4,056.00, January 22,2028 1:37 PMA Cy of San Luis Obip0 Page otti els ere era 498 CTA NAoas Ur vel tae BILLING CONTACT Laurel Creek, LLC INACTIVE 1150 LAUREL Ln Payment Date: 01/22/2025 Reference Number Fee Name Transaction Type Payment Method Amount Paid BLDG205F 2020 Permit Resavance Fee-BLDG Feo Poyrnant [Chock #1425 37100 Supplemental apecton Buiding)-BLDG [Fee Payment [heck #1425 3129600 7750 Laura Ln San Luis Obispo, CA SB40 sup roral|___s1.486.00 ToraL ——_$1.486.00 Page tot January 22,2025 138 PM City of Sen Lis ObispoBuilding Address: 1150 Laurel Ln Unit/Suite No(s): 130 SAN LUIS OBISPO, CA 93401 AP! 004-962-018 Permit Number: BLDG-4814-2019 Project Description: — TI of (E) restaurant for new brew-pub - Bang the Drum Brewery Occupancy Group: ‘Type of Const.:. V-B Fire Sprinkler Provided: No Assembly. restaurants, bars & banquet halls (A-2) Occupant Load: 181 Conditions of Approval: Building Owner: Patrick Smith Owner's Address: 505 Bath St, Santa Barbara, CA 93101 Date Issued: November 02, 2020 Official City of San Luis Obispo Code Year: 2016 This certificate is issued pursuant to Section 111.1 of the 2016 California Building Code and attests that atthe time of issuance, this structure or portion thereof was inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed ‘occupancy is classified, and determined to be in compliance with this code and the various ordinances of the City of San Luis Obispo regulating building construction or use.wt city of San Lb sexes Community Development Department, 990 Palm street, an Luls UoISpo, La you toca (805) 781-7171 ADDRESS CHANGE NOTIFICATION aria: Change Address NSO Tourel Lone From: To Create New Address: O Delete/Retire Address: A stablish Suite Numbering j \S \S6 O. Correetion/Ciarification: Assessor's Parcel Number(s): _©QO*} - =Ol Other Address(es! on this Parcel: — none Reason for Application: CYECAe Nel) \eO pace Fram existin suit 180 into Four suitc J Applicant: Prnoerty Qugner Phone: Applicant's Address: { Property Owner: S4O\\ Wo\d ing Phone: S444 ~ 2907 Owner's Address: 1150 ) GQuyel Lone SLO GO GB40) T GwneriAgent Signature and Authorization SLO Gy Chucch ae el pace 1150 Laurel Lane AS — ou Ks Comments/Special Notification: N\ai\ A S-BO-ODwitgse Breese 3 ATOLL BUSINESS CENTERTHE GENERAL FIRE PROOFING COMPA ur Tan ceuae LanTEEEEee ‘ Bea eeeapt es a awaaenaver ¢ Santeewaagnowsibeamen adarooting scH