Preview
JASON M. HEATH, State Bar No. 180501
County Counsel
MICHAEL J. DE SMIDT, State Bar No. 327439
Assistant County Counsel
Office of the Santa Cruz County Counsel
701 Ocean Street, Room 505
Santa Cruz, California 95060
Telephone: (831) 454-2040
Fax: (831) 454-2115
Email: michael.desmidt@santacruzcountyca.gov
Attorneys for Plaintiff
COUNTY OF SANTA CRUZ
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CRUZ
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COUNTY OF SANTA CRUZ, No.
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a political subdivision
12 of the State of California, COMPLAINT FOR PRELIMINARY
INJUNCTION, ABATEMENT OF
13 Plaintiff, NUISANCE BY PERMANENT
INJUNCTION, AND CODE
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Vv. ENFORCEMENT COSTS, ATTORNEY
15 FEES AND CIVIL PENALTIES AND
JONATHAN H. CHESTNUT, an ENFORCEMENT OF ADMINISTRATIVE
16 DECISION
individual, GERALDINE SENA, ELAINE
17 SENA BROWN, GILDA SENA-
WALKER, as successor co-trustees of
18 THE SENA TRUST, dated April 27, 1988,
19 and Does | through 20 inclusive,
20 Defendants.
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22 Plaintiff, COUNTY OF SANTA CRUZ, alleges as follows:
23 FIRST CAUSE OF ACTION
24 ABATEMENT OF NUISANCE BY INJUNCTION
25 1 At all times mentioned herein, Plaintiff, COUNTY OF SANTA CRUZ, (“County”)
26 was and is a political subdivision of the State of California.
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COMPLAINT FOR TRO, INJUNCTION, ABATEMENT, COSTS, FEES AND PENALTIES
2. The subject property, known as Assessor Parcel Number 079-291-24, with situs
address of 1851 River Road, Brookdale, California 95007 (hereinafter referred to as the “subject
property”) is owned and managed by Defendant JONATHAN H. CHESTNUT, and has been owned
by Defendant at all relevant times referenced in this complaint.
3 Defendants GERALDINE SENA, ELAINE SENA BROWN, GILDA SENA-
WALKER, are successor co-trustees of THE SENA TRUST, dated April 27, 1988 which
holds a security interest in the subject property, granted by Defendant JONATHAN H.
CHESTNUT under that certain deed of trust, and recorded in the Records of Santa Cruz
County on September 10, 2018 and bearing document number 2018-0027586.
10 4 The subject property is approximately 173,195 square feet in size, zoned SU, for
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special use, which permits uses that are consistent with the general plan, and for which purpose this
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parcel is designated R-R as “rural residential.” Submitted as Exhibit A is a true and correct copy of
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the County Assessor’s property report for the subject property.
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5 Defendants Does | through Does 20, inclusive are sued in this complaint under
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fictitious names. Their true names and capacities are unknown to Plaintiff. When their true names
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are ascertained, Plaintiff will amend this complaint by inserting their true names and capacities
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herein. Plaintiff is informed, believes, and thereon alleges that each of the fictitiously named
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defendants is responsible in some manner for the occurrences alleged in this complaint, and that
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Plaintiffs damages as alleged in this complaint were proximately caused by those defendants.
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6. Any violation of the Santa Cruz County Code constitutes a public nuisance pursuant
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to section 1.12.050. Copies of the pertinent County Code sections are attached as part of Exhibit B,
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which by this reference are incorporated herein.
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As reflected in the Staff Report of County Code Compliance Investigator Marcus
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Mendes, on August 11, 2021, Mendes conducted a site visit following a May 2021 complaint of
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substandard and unpermitted rental units on the subject property. The exterior inspection of the
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subject property confirmed that there was unpermitted conversion of the dwelling unit, including
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unpermitted construction, all of which was in violation of the County Code. Submitted as Exhibit C
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COMPLAINT FOR TRO, INJUNCTION, ABATEMENT, COSTS, FEES AND PENALTIES
is a true and correct copy of Mendes’ Staff Report document, which was prepared in anticipation of
the eventually scheduled administrative hearing, discussed below.
8 On August 11, 2021, Mendes inspected the subject property and observed evidence of
violations of Santa Cruz County ordinances; specifically the existence of an unpermitted remodel of
the dwelling unit into what appeared to be multiple rental units, unpermitted grading, and
construction for a new structure, in violation of the County’s building ordinance, (County Code
sections 12.10.430(A), and 13.10.140(A)). Submitted as Exhibit D are true and correct copies of
photographs Mendes took during the August 11, 2021 inspection.
9. At the conclusion of Mendes’ August 11, 2019 inspection, Mendes issued and posted
10 a Notice of Violation and Intent to Initiate Enforcement Sanctions (“NOV”) on the subject property
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citing the following violations of the County Code: section 12.10.430(A) (construction without
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permits) and 13.10.140(A) (non-compliance with zoning regulations). Submitted as Exhibit E is a
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true and correct copy of the August 11, 2021 NOV and Exhibit F a true and correct copy of the
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recorded NOV.
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10. On April 8, 2022, the County mailed a Notice of Code Compliance Administrative
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Hearing, to Defendant JONATHAN H. CHESTNUT at his mailing address of 326 Woodland Dr.,
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Ben Lomond, California 95005. The Notice (“NOI”) informed Defendant once again of the Code
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violations on the subject property, the financial penalties to be imposed should the violations not be
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abated, the date of the hearing on April 28, 2022, and the location of the hearing at the County
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Administrative Building. Submitted as Exhibit G is a true and correct copy of the April 8, 2022
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Notice of Administrative Hearing, along with proofof service by mail.
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ll. The April 28, 2022 administrative hearing to enforce compliance with the August 11,
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2021 NOV was continued at the request of Defendant to May 26, 2022. Defendant Jonathan
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Chestnut did not appear at the hearing and the Administrative Hearing Officer found that Mr.
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Chestnut had neither submitted a protest to the notice of hearing nor had he abated the code
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violations, and ruled in favor of the County, issuing a Decision and Order (“D&O”), which was
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COMPLAINT FOR TRO, INJUNCTION, ABATEMENT, COSTS, FEES AND PENALTIES
signed by the Administrative Hearing officer on June 2, 2022. Submitted as Exhibit H is a true and
correct copy of the D&O.
12. Per the D&O, Defendant was given several deadlines. Defendant was ordered to pay
code enforcement costs of $480.00 within 60 days of the D&O notice date. Defendant had until
December 31, 2022 to correct the code violations on the subject property or be subject to a civil
penalty of $5,000.00. To date, these costs and penalties have not been paid by Defendant.
13. On August 7, 2023 and August 29, 2023 the County received two further complaints
regarding substandard living conditions on the subject property. On October 3, 2023, Mendes
conducted another inspection of the subject property, this time invited inside one of the rental units
10 by a tenant, who showed the still-existing unpermitted construction as well as signs of water damage
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and broken and buckling flooring that had not been repaired and appeared to have been the result of
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improper construction methods (see photographs taken by Mendes on October 3, 2023 and attached
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hereto as Exhibit I).
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14. To date, the subject property’s violations remain. The County Planning Department
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has expended, and continues to expend, considerable time, expense, and resources in its efforts to
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address the numerous code-related issues at the subject property. Nonetheless, Defendants have
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demonstrated, and continue to demonstrate, a long-standing disregard for abiding by the provisions
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of the County Code.
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15. Plaintiff
has no adequate remedy at law for the injuries currently being suffered and
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that are threatened in that it will be impossible for Plaintiffto determine the precise amount of
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damage that it will suffer if Defendants’ conduct is not restrained. Monetary damages are
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inadequate to remedy the threatened injury to public health, safety, and welfare. Furthermore, the
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restraint requested herein is necessary to prevent a multiplicity of judicial proceedings.
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SECOND CAUSE OF ACTION
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CIVIL PENALTIES AND COSTS
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16. Plaintiff hereby incorporates the allegations contained in paragraphs | through 13,
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inclusive, as though fully set forth herein.
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COMPLAINT FOR TRO, INJUNCTION, ABATEMENT, COSTS, FEES AND PENALTIES
17. In addition to other remedies provided by law, Santa Cruz County Code section
1.12.070(A) authorizes Plaintiffto sue for civil penalties in the amount not to exceed $2,500.00 per
day, per violation, for known violations of the provisions of the Santa Cruz County Code. The
violations here warrant the imposition of such penalties.
18. Santa Cruz County Code section 1.12.070(A)(4) additionally authorizes the
imposition of code enforcement costs and attorneys’ fees.
WHEREFORE, Plaintiff prays for judgment against Defendants as follows:
1 For an Order granting a preliminary injunction, and permanent injunction, enjoining
Defendants and their agents, servants, employees, renters, lessees, representatives, and all persons
10 acting in concert with them, and all persons, from the following at the subject property: maintaining
11 unpermitted construction; and from violating Titles 12 and 13 and any other provision of the County
12 Code.
13 2. For an Order requiring Defendants to secure the subject property within thirty (30)
14 days, and submit applications for all necessary permits, within ninety (90) days.
15 3 For confirmation of Plaintiff's authority to abate the nuisances created by the cited
16 violations and to assess the costs of abatement against the subject property as a special assessment
17 and/or against Defendants as personal obligations, in the event that Defendants continue to violate
18 the County Code;
19 4 For a civil penalty not to exceed $2,500.00 per day for each violation of the Santa
20 Cruz County Code, in accordance with Santa Cruz County Code section 1.12.070(A), or in an
21 amount the Court deems reasonable at the time of final judgment in this action;
22 5 For additional code compliance enforcement costs incurred by Plaintiff at a rate of
23 $160.00 per hour in the amount to be determined at trial;
24 6. For attorney’s fees (at a rate of $325.00 per hour) and costs of suit incurred in this
25 action pursuant to Santa Cruz County Code section 1.12.070(A)(4), in an amount to be determined at}
26 trial; and,
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For such other and further relief as this Court deems proper.
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COMPLAINT FOR TRO, INJUNCTION, ABATEMENT, COSTS, FEES AND PENALTIES
1 Date: April 3, 2022 JASON M. HEATH, COUNTY COUNSEL
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By: /s/ MichaelJ. De Smidt
MICHAEL J. DE SMIDT
Assistant County Counsel
Attorneys for Plaintiff
COUNTY OF SANTA CRUZ
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COMPLAINT FOR TRO, INJUNCTION, ABATEMENT, COSTS, FEES AND PENALTIES
EXHIBIT A
Sg
‘é =.
Santa Cruz County
Property Report
Six Nolo l¢-i\-raa tol) tN 5 DH 21, (@1@)
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ol-1 em OP Aste
2°) ba 2-1 UES Kexefe(-a0\-) nO) =I ey ac Nels33)
aKo) a \c-To imc] 0hag0)Lo) Lio] ex-) BS) P4-CRSV AoW Nol 1)
nl@) =m ><-Tanloli(olay WAIT Rol o0]0 sto [Ue](Ma -1-18
Supervisorial District 5; Incorporated Area: n/a; Incorporated Sphere of Influence: n/a
Voter Precinct: 50113; CA State Assembly District 28; State Senate: SENATE-17 ; US Congress District 19
Zoning Code: SU General Plan Futures: {GPFUTURES}
Within 200' of CA Zoning or Ag Resource: No General Plan Pub. Facilities: {GPPUBFAC}
Adjacent to TP Zoning: No General Plan Pub. Fac. Desc.: n/a
General Plan Designation: R-R General Plan Parks: n/a
General Plan Designation Desc.: Rural Residential Existing Parks: n/a
General Plan Special Communities: n/a No Shoot Area: 8.28.030(C)
General Plan Spec. Com. Desc: n/a Code Compliance Area: CCA-NORTH COUNTY
General Plan Boundary: SAN LORENZO VALLEY Planner Team Area: SAN LORENZO VALLEY-PLANNING
General Plan Scenic Areas: n/a Env. Planner Team: San Lorenzo Valley
Within Rural Services Area: No Special Design Review: n/a
Within Urban Services Area: No Building Inspection Area: BLDINS-AREAIC
Archaeological Resources: Yes-Portion 400' Index Grid: 037-400GRID
Airport Clear Zone: n/a USGS Grid: FELTON-USGS
Agricultural Resources: n/a Airport Influence Area:
Coastal Zone: No
Coastal Zone Residential Exclusion: n/a
Coastal Zone Appeal Jurisdiction: No
DISCLAIMER: The maps and tabular data used on this web site have been compiled from many different sources. The accuracy of the individual map layers varies
significantly, and some layers do not align exactly with others. In the urban areas, the parcel maps are generally accurate within five to ten feet of their true
geographic coordinates, but in the rural areas, the maps may be accurate to only within three hundred feet. Due to the limitations of the mapped information, field
studies and information from site inspections may be used to supplement or replace mapped information. With these limitations, the County of Santa Cruz disclaims
‘any responsibility for the accuracy or correctness of the maps and data. This disclaimer is exclusive and in lieu of any warranties, fitness for particular purpose, and/or
‘any other type of warranty, whether expressed or implied. The maps and data available at this site reflect mapped land use information as provided by the Santa
Cruz County Planning Department. You are advised to contact the Santa Cruz County Planning Department (Zoning Counter at 454-2130, afternoons only) for further
‘explanation of the land use regulations for a particular designation.
Page 1 of 3
EXHIBIT A
Page 1 of 3
Six Nolo l¢-i\-raa tol) tN 5 DH 21, (@1@)
4B) V8 Sra Ox Wala 0100)
xe Kex-1 BM) Ulan]
ol-1 em OP Aste
2°) ba 2-1 UES Kexefe(-a0\-) nO) =I ey ac Nels33)
aKo) a \c-To imc] 0hag0)Lo) [so] ex-) Bs) P4-CRSV A010 Nol 1)
nl@) =m ><-Tanloli(olay WAIT Rol o0]0 sto [Ue](Ma -1-18
Timber Resources: No Fault Zone: n/a
Grasslands: No DFIRM Panel No: 06087CO20IE
Riparian Woodlands: No Floodway: n/a
Biotic Resources: Yes-Portion Flood Zone: n/a
Special Forest: No State Response Area: SRA-Moderate
Sandhill Habitat: n/a High Fire Hazard Area: n/a
Sanddhills IPHCP: n/a Fire Service Area: Boulder Creek FPD
Fishery Resource: n/a Fire Hazard Area: No
Groundwater Recharge: No Expansive Soil: No
Basin: San Lorenzo Soil Permeability: Permeable HydroGroup B
Watershed: Mid. San Lorenzo Geologic/Paleontologic: No
Reservoir Protection: No Mineral Resources: No
Water Supply Watershed: Yes Mineral Class: MRZ-1
Lease Disturbed Watershed: No Mineral Designation: n/a
Stream Name: n/a
Stream Type: n/a
Lake Name: n/a
Evapo-trans: 46
DISCLAIMER: The maps and tabular data used on this web site have been compiled from many different sources. The accuracy of the individual map layers varies
significantly, and some layers do not align exactly with others. In the urban areas, the parcel maps are generally accurate within five to ten feet of their true
geographic coordinates, but in the rural areas, the maps may be accurate to only within three hundred feet. Due to the limitations of the mapped information, field
studies and information from site inspections may be used to supplement or replace mapped information. With these limitations, the County of Santa Cruz disclaims
‘any responsibility for the accuracy or correctness of the maps and data. This disclaimer is exclusive and in lieu of any warranties, fitness for particular purpose, and/or
‘any other type of warranty, whether expressed or implied. The maps and data available at this site reflect mapped land use information as provided by the Santa
Cruz County Planning Department. You are advised to contact the Santa Cruz County Planning Department (Zoning Counter at 454-2130, afternoons only) for further
‘explanation of the land use regulations for a particular designation.
Page 2 of 3
EXHIBIT A
Page 2 of 3
Sie]
5 [@) DISSES
OM KS a Orsyes) Sd er DI SIE
d(O@a KS)
High School District: n/a Fire District: Boulder Creek FPD
Board of Ed. Trustees: Board of Education Trustee Area 1 Fire District SOl: Boulder Creek FPD SOI
San Lorenzo Trustees: SLVUSD Trustee Area 3 Water District: San Lorenzo Valley Water District
Pajaro Valley Trustees: n/a Water District SOI: San Lorenzo Valley Water District
School district: San Lorenzo Valley Pajaro Valley WMA: n/a
Cabrillo College Trustees: Cabrillo College Trustee Area 1 Sanitation District: CSA 12 Septic Maintenance
Santa Cruz City Trustees: n/a Sanitation District SOI: CSA 12 Septic Maintenance
Sanitation Repay Area: n/a Flood Control District: Flood Control Zone 8
Road District: NORTH Recreation District: CSA 11 Parks and Recreation
Refuse Area: Valley Trash Pajaro Valley Cemetary Dist: n/a
Zones of Benefit: CSA 11 Parks and Recreation Pajaro Valley Cem. Dist. SOI: n/a
County Service Area 9A: n/a Port District: n/a
County Service Area 9B: n/a Resource Conservation Dist.: Resource Conservation District
County Service Area 9C: CSA-9C Mid-pen Open Sp. District: n/a
County Service Area 9D: Zone 1 Water Service Area: San Lorenzo Valley Water
Road Maintenance CSA: n/a
Road Maintenance CSA SOl: n/a
Date Exported: 4/4/2024 11:24 AM
DISCLAIMER: The maps and tabular data used on this web site have been compiled from many different sources. The accuracy of the individual map layers varies
significantly, and some layers do not align exactly with others. In the urban areas, the parcel maps are generally accurate within five to ten feet of their true
geographic coordinates, but in the rural areas, the maps may be accurate to only within three hundred feet. Due to the limitations of the mapped information, field
studies and information from site inspections may be used to supplement or replace mapped information. With these limitations, the County of Santa Cruz disclaims
‘any responsibility for the accuracy or correctness of the maps and data. This disclaimer is exclusive and in lieu of any warranties, fitness for particular purpose, and/or
‘any other type of warranty, whether expressed or implied. The maps and data available at this site reflect mapped land use information as provided by the Santa
Cruz County Planning Department. You are advised to contact the Santa Cruz County Planning Department (Zoning Counter at 454-2130, afternoons only) for further
‘explanation of the land use regulations for a particular designation.
Page 3 of 3
EXHIBIT A
Page 3 of 3
EXHIBIT B
12.10.430 Violations.
(A) It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair,
improve or maintain any building or structure or to cause, permit, aid, abet or furnish any equipment or
labor for such work, unless either (1) a building permit has first been obtained for each building or
structure from the Building Official and is in effect which authorizes such work; or (2) the work is exempt
from the requirements for a permit by the provisions of SCCC 12.10.315.
13.10.140 Applicability.
(A) Compliance with Zoning Regulations. No person shall construct, enlarge or move a building, and no
person shall establish a new use of land or expand or intensify an existing use unless it conforms to the
permitted uses provided in the zone district or conforms to a permit and regulations authorizing a
discretionary use in the zone district in which the land is located. All construction, alteration,
reconstruction or enlargement of buildings and all uses of buildings and land shall comply with all
provisions of this chapter except as otherwise provided for nonconforming structures and uses.
EXHIBIT B
Page 1 of 1
EXHIBIT C
OP 7
3
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cia COUNTY OF SANTA CRUZ
PLANNING DEPARTMENT
701 OCEAN STREET, 4™ FLOOR, SANTA CRUZ, CA 95060
vr OY (831) 454-2580 Fax: (831) 454-2131 Tpp:711
NOTICE OF CODE COMPLIANCE ADMINISTRATIVE HEARING
DATE: April 8, 2022 CASE NO: 22-NV24627
PROPERTY OWNER(S): Jonathan Chestnut
MAILING ADDRESS: 326 Woodland Drive, Ben Lomond, CA 95005
DATE OF HEARING: April 28, 2022
TIME OF HEARING: 9:00 AM
HEARING OFFICER: Gary Redenbacher
LOCATION OF HEARING: Board Supervisor’s Chambers, 5" Floor
701 Ocean St, Santa Cruz, CA
VIOLATION APN: 079-291-24
VIOLATION ADDRESS: 1851 River Rd, Brookdale, CA 95007
ANY COMMUNICATIONS REGARDING THIS NOTICE MAY BE DIRECTED TO CODE
COMPLIANCE INVESTIGATOR MARCUS MENDES AT
MARCUS.MENDES@SANTACRUZCOUNTY.US OR 831-454-2979
NOTICE IS HEREBY GIVEN THAT AN ADMINISTRATIVE HEARING HAS BEEN
SCHEDULED, pursuant to Santa Cruz County Code, Chapter 1.12, for determining whether you
have knowingly and willfully violated, or permitted or maintained, a violation(s) of the Santa Cruz
County Code(s) on the subject property as specified below.
Posted Violation(s)
On August 11, 2021 a Notice of Violation was issued for the following violation(s) of County Code
Section(s): 12.10.430(A) and 13.10.140(A).
The subject property is in violation of the County Code(s) as follows: Non-permitted construction to
create separate habitable units, in violation of County Zoning Ordinances.
The Notice(s) of Violation provided 90 calendar days to correct the violations without civil penalty.
Because the violation(s) is/are still present after 90 calendar days from the date of issuance of the
Notice of Violation, an Administrative Hearing has been scheduled for the imposition of civil
penalties pursuant to Santa Cruz County Code section 1.12.070.
EXHIBIT C
Page 1 of 27
Code Compliance Costs and Civil Penalties
For the above-posted violation(s), the County will seek its enforcement costs, currently billed at
$160.00 per hour. The enforcement costs will continue to accrue until the violation is resolved.
For the posted violation(s) as noted above, the County will seek its enforcement costs in the estimated
amount of $480.00, plus civil penalties in the amount of $. 5,000.00 should code violations remain
unabated.
The Administrative Hearing officer has the authority to impose civil penalties for a violation up to a
maximum of two thousand five hundred dollars ($2,500) per violation, and a total of ten thousand
dollars ($10,000) for related multiple violations on a single parcel of property pursuant to County
Code section 1.12.070(F).
If the Hearing Officer imposes costs and/or civil penalties against you, those costs and/or penalties,
if unpaid, may be collected as a special assessment on the real property described above or collected
as a personal obligation pursuant to Santa Cruz County Code Section 1.12.070.
Within ten (10) business days of the date of this Notice of Administrative Hearing, you have a right
to submit in written statement rejecting the designated Hearing Officer. In the event of such
disqualification, a new hearing officer shall be randomly selected from the panel of alternate hearing
officers established by the Board of Supervisors.
In any proceeding before a Hearing Officer, oral testimony offered as evidence shall be taken only
on oath or affirmation, and the Hearing Officer, his/her clerk, or other designee have the power to
administer oaths and affirmations and to certify to official acts. Oaths of witnesses may be given
individually or enmasse. Witnesses shall be asked to raise their right hands and to swear and affirm
that the testimony they shall give is the truth, the whole truth, and nothing but the truth.
Administrative Hearing Procedure:
Attachment 3, “Administrative Hearing Procedures”, contains information regarding your hearing
rights, rules of evidence, enforcement orders, penalties, continuances, and other pertinent
information. At the hearing, you may provide evidence regarding the violation(s) and any mitigating
circumstances to the Hearing Officer. If you are planning to submit any documentation or
photographs as evidence, you must provide copies to both the Hearing Officer and the County. You
are entitled to have an attorney or other representative appear with you at the hearing. You are entitled
to call witnesses and cross-examine witnesses as set forth in the Administrative Hearing Procedures.
PLEASE BE AWARE!
FACE COVERINGS ARE REQUIRED FOR UNVACCINATED PERSONS. REMOVING
ONE’S FACE COVERING IS A SELF-ATTESTATION THAT ONE IS FULLY
VACCINATED.
TO BE CONSIDERED FULLY VACCINATED A PERSON MUST MEET THE
FOLLOWING CRITERIA:
IT HAS BEEN AT LEAST 14 DAYS SINCE THEY RECEIVED EITHER A SINGLE DOSE
COVID-19 VACCINE (1.E., JOHNSON & JOHNSON), OR THE SECOND DOSE OF A
TWO-DOSE VACCINE
Continuances—If you are physically unable to attend the hearing, please be aware of the
following: all continuances are to be requested at open court for the record by owner(s), attorney,
EXHIBIT C
Page 2 of 27
or representative (w/power-of-attorney or owner-agent notarized doc.); the designated Hearing
Officer holds the discretion to grant or denied such requests.
If you and/or your representative(s) are not present at the hearing the matter will remain on
calendar for consideration by the Hearing Officer and the hearing may proceed in your
absence.
The Hearing Officer’s Decision is final
The Hearing Officer shall receive all relevant evidence presented and will render a Decision and
Order. The Decision and Order of the Hearing Officer shall be final when issued in writing, and is
enforceable in a court of law, unless an appeal of the decision has been filed in accordance with
County Code section 1.12.070(H) or a writ has been filed in accordance with County Code Section
1.04.170. For information regarding filing an appeal, contact the Court Clerk’s office.
Any communications regarding this Notice may be directed to Code Compliance Investigator Marcus
Mendes at 831-454-2979, and/or via email to marcus.mendes@santacruzcounty.us. To submit an
application to correct the violation, contact the Planning Department at 454-3252.
Sincerely,
L¢nnieJohfison, Planning Technician for:
Matt Johnson, Principal Planner
Attachments: 1 Evidence Packet
2 Administrative Hearing Procedures
3 Chapter 1.12 of the Santa Cruz County Code
Cc Administrative Hearing Officer
Code Compliance Investigation File
EXHIBIT C
Page 3 of 27
ADMINISTRATIVE HEARING STAFF REPORT
April 5, 2022 Case #NV24627
Administrative Hearing Officer: Gary F Redenbacher
SUBJECT: Jonathan Chestnut, 1851 River Rd, Brookdale, CA APN: 079-291-24
e Parcel size: Four acres, approximately
e Zoning designation: R-R, Rural Residential
e Improvements: Single-family dwelling with additional non-permitted living units constructed
VIOLATION:
e On August 11, 2021, a Notice of Violation was posted
° County Code Sections cited: 12.10.430(A) and 13.10.140(A)
. The Notice of Violation (Notice of Intent to Record) letter was mailed on August 16, 2021
NOTICE GIVEN:
° Notice of Violation posted on property: August 11, 2021
e Notice of Intent mailed: August 16, 2021
e Protest Meeting request received: CO Yes KXINo
STAFF REPORT:
On August 11, 2021, in response to one or more complaints registered with the County Planning
Department, a Notice of Violation was issued and posted the subject parcel for the confirmed allegations
of non-permitted construction to created additional habitable dwelling units, in violation of County Zoning
Ordinances. At the time of inspection, Code Compliance Investigator M Mendes observed the additional
dwelling units identified with uniquely lettered unit numbers with occupants exiting and entering the units.
COUNTY’S REQUEST:
The County respectfully requests the Hearing Officer uphold the violation(s) as posted. The County
requests payment of Code Enforcement costs of $480.00 payable within 60 days; Imposition of a Civil
Penalty of $5,000.00 should said violations not be corrected, and that all enforcement and abatement
costs, are to either be made a special assessment against the property on which the violations occurred and
collected on the secured tax roll, and/or are to be the personal obligation of the person committing or
permitting the violation and collected on the unsecured tax roll; and that the violations be corrected by
ber 31, 20:
ST if Mn WY Wn
arcus Mendes, ‘ode Compliance Investigator
County of Santa Cruz, California
EXHIBIT C
Page 4 of 27
Santa Cruz Count Planning Department
Kathleen Molloy irector
701 Ocean Street, 4" Floor
Santa Cruz, California 95060-4068
Telephone: (831) 454-2580
FAX: (831) 454-2131
BEFORE THE ADMINISTRATIVE HEARING OFFICER
FOR THE COUNTY OF SANTA CRUZ
|
In the Matter of Case No.: 22-NV24627
Jonathan Chestnut STIPULATION AND ORDER
Property Owner.
)
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11 IT IS HEREBY STIPULATED AND AGREED by all parties hereto as follows:
12 1. Owner/Subject Property. Jonathan Chestnut, hereinafter referred to as the “Owner” is the
13 owner of record of the real property located at 1851 River Rd, Brookdale, California and
14 described as Assessor’s Parcel No. 079-291-24 and hereinafter referred to as “subject
15 property.”
16 County Violations. The subject property is in violation of Santa Cruz County Code Section(s)
17 12.10.430(A) and 13.10.140(A), as follows:
18 A. Construction of a additional habitable living units without permits.
19 B. Violation of County Zoning Ordinances.
20 Correction of Violations. Owner hereby agrees to correct the violations noted above as
21 follows:
22 A. By September 30, 2022 Owner shall:
23 i Submit all required applications to address violations noted in Paragraph 2A & B.
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EXHIBIT C
Page 5 of 27
B. By April 30, 2023 Owner shall:
1 Obtain required approvals, permits and inspections to retain the uses and
structures. Owner shall diligently pursue approval of all permits including the
timely submittal of any additional information requested and/or design changes
required to obtain permits and shall obtain all final permit approvals and
inspections including the clearance of any agency holds, If permits and approvals
cannot be issued or owner chooses not to legalize the structures, Owner shall:
Obtain appropriate demolition permits to remove all illegal construction and
obtain all final permit approvals and inspections including the clearance of any
10 agency holds,
11 The Compliance Date of April 30, 2023 supersedes all dates that may appear on
12 any applications and permits. It is Owner’s responsibility to request in writing an
13 extension of this compliance date if necessary.
14 The agreed upon compliance time is sufficient to obtain all required approvals, permits and final
15 inspections. However, there are many steps that need to be completed promptly to meet the final
16 compliance deadline of April 30, 2023. Owner will contact the zoning and building counter
17 within 3 business days to determine the requirements that apply to the subject property and what
18 will be required for Owner to correct the violations noted in this Stipulation and Order. !
19 4. Enforcement Costs and Civil Penalties. By June 30, 2022 Owner shall:
20
| There are many factors considered in the approval of permits, both building and discretionary. Professionals such
21
as architects, contractors, designers, engineers and land use consultants may be required The Owner is responsible t
22
allow for adequate time for any professional services desired or required, and for the permit process. Plans that are
23
submitted may require additional information or revisions. Once a permit is obtained, Owner is responsible to
24
schedule all inspections and obtain all clearances. The resolution of the violation(s) is the final approval of all
25
required permits by the compliance date. The compliance date is not superseded by any permit expiration dates.
EXHIBIT C
Page 6 of 27
A. Pay the accrued enforcement costs in the amount of $480.00. Payment shall be made
to the County of Santa Cruz and submitted to the County Planning Department.
1 Owner agrees to pay all additional enforcement costs that will continue to accrue
at the Planning Department’s current hourly billing rate of $160.00 until the
violation is resolved.
The billing rate is subject to change without notice. Prior to permit issuance, final
resolution or expungement of the Notice of Violation, all unpaid and/or accrued
enforcement costs shall be paid.
5. Schedule of Action Required Dates. The following table states the dates and actions required
10 by this Stipulation and Order.
11
DATE ACTION REQUIRED
12
September 30, 2022 Submit all required applications to address violations as
13 noted in Paragraph 2A.
14 June 30, 2022 Pay accrued enforcement costs in the amount of $480.00.
15
April 30, 2023 Obtain all required final inspections and approvals,
16
including clearing all holds.
17
May 1, 2023 Pay the Civil Penalty in the amount of $5,000.00, if
18
compliance is not met. After this date, the Stipulatio
becomes fully enforced and no extensions or other
19 changes/modifications to any of the terms and conditions
can be made.
20
21
6. Non-compliance with Stipulation and Order. In the event that the Owner does not comply
22
with all of the terms and conditions of this Code Compliance Stipulation and Order as stated
23
herein, a Civil Penalty in the amount of $5,000.00 shall be due and payable on May 1, 2023.
24
7. Unpaid Enforcement Costs. The sum of any due and unpaid Enforcement Costs after their dud
25
date, shall with no further notice become, at the sole discretion of the Planning Director,
EXHIBIT C
Page 7 of 27
either a Special Assessment Lien on the subject property located at 1851 River Rd, Brookdale}
California, and identified as Assessor Parcel No. 079-291-24 and collected on the secured
tax roll or shall be the personal obligation of Owner and collected on the unsecured tax roll.
In the event the amounts awarded become a tax lien against the property, a 1% fee for
collection services related to the lien per Government Code Section 29304 and County
Resolution #484-82 will be added to the lien.
Unpaid Civil Penalties. The County may, at its sole discretion, seek recovery of any due and
unpaid Civil Penalties by obtaining a court order.
Extensions. The Planning Director, or his/her designee, shall have the discretion to grant an
10 extension of the final compliance date, April 30, 2023, upon written documentation of
a1 unforeseeable extenuating circumstances directly preventing meeting the compliance date
12 herein. Requests for an extension of the final compliance date, April 30, 2023, shall contain
13 documentation of corrective action taken as set forth within and due diligence to resolve the
14 violation, which shall be considered in evaluating the request for extension. Requests for an
15 extension will not be granted, if in the assessment of the Planning Director, the compliance
16 date cannot be met due failure on the part of the Owner to initiate the Permit Process in a
17
timely manner. Written requests for extension of deadline shall be submitted by April 30,
18 2023 and directed to the Code Compliance Principal Planner, Planning Department 4" floor,
19 701 Ocean Street, Santa Cruz, CA 95060. Requests for extension submitted after 5 p.m. on
20 April 30, 2023 may not be considered.
21 10. Non-compliance with Final Compliance Date. If the Compliance deadline stated herein is
22 not met, the property will be found in violation of County Code Section 1.12.010 for a
23 continuing violation of the County Code(s) as stated herein. It constitutes a misdemeanor for
24 any person to violate, or fail to comply with, any provision of the Santa Cruz County Code
25 unless otherwise specified. It shall be a separate offense for each day during which the
EXHIBIT C
Page 8 of 27
violation(s) noted herein continues. Should any of the above terms of this Code Compliance
Stipulation and Order not be met, this matter may be referred to back to the Administrative
Hearing Officer for imposition of additional civil penalties and compliance deadlines and/or
to County Counsel to pursue available civil remedies including cost recovery for all accrued
enforcement costs incurred from the date of this Stipulation and Order until the date of
compliance with the Santa Cruz County Code and additional civil penalties. The parties
hereto agree that the Administrative Hearing Officer retains the jurisdiction to enforce
compliance with the terms and conditions stated herein.
11 If actionis brought to enforce the terms of this Stipulation, the County shall be entitled to
10 Code costs incurred and reasonable attorneys’ fees pursuant to Santa Cruz County Code
i section 1.12.070(C). Continuing violations may be referred to the District Attorney’s Office
12 for criminal prosecution.
13 2. Acknowledgement. Your signature indicates that you fully understand and have agreed to
14 comply with the terms, conditions, and compliance date stated in this Code Compliance
15 Stipulation and Order. Once signed by the Hearing Officer, this Stipulation and Order becomes
16 an enforceable Order in a court of law.
17 "
18 HM
19 Mf
20 By signing this document, you waive your right to an appeal specifically related to this Order.
21 Failure to satisfy these terms will subject you to the payment of additional civil penalties, further
22 enforcement costs and/or further legal action without further notice.
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JASON M. HEATH, State Bar No. 180501 County Counsel MICHAEL J. DE SMIDT, State Bar No. 327439 Assistant County Counsel Office of the Santa Cruz County Counsel 701 Ocean Street, Room 505 Santa Cruz, California 95060 Telephone: (831) 454-2040 Fax: (831) 454-2115 Email: michael.desmidt@santacruzcountyca.gov Attorneys for Plaintiff COUNTY OF SANTA CRUZ SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CRUZ 10 COUNTY OF SANTA CRUZ, No. 11 a political subdivision 12 of the State of California, COMPLAINT FOR PRELIMINARY INJUNCTION, ABATEMENT OF 13 Plaintiff, NUISANCE BY PERMANENT INJUNCTION, AND CODE 14 Vv. ENFORCEMENT COSTS, ATTORNEY 15 FEES AND CIVIL PENALTIES AND JONATHAN H. CHESTNUT, an ENFORCEMENT OF ADMINISTRATIVE 16 DECISION individual, GERALDINE SENA, ELAINE 17 SENA BROWN, GILDA SENA- WALKER, as successor co-trustees of 18 THE SENA TRUST, dated April 27, 1988, 19 and Does | through 20 inclusive, 20 Defendants. 21 22 Plaintiff, COUNTY OF SANTA CRUZ, alleges as follows: 23 FIRST CAUSE OF ACTION 24 ABATEMENT OF NUISANCE BY INJUNCTION 25 1 At all times mentioned herein, Plaintiff, COUNTY OF SANTA CRUZ, (“County”) 26 was and is a political subdivision of the State of California. 27 no 1 COMPLAINT FOR TRO, INJUNCTION, ABATEMENT, COSTS, FEES AND PENALTIES 2. The subject property, known as Assessor Parcel Number 079-291-24, with situs address of 1851 River Road, Brookdale, California 95007 (hereinafter referred to as the “subject property”) is owned and managed by Defendant JONATHAN H. CHESTNUT, and has been owned by Defendant at all relevant times referenced in this complaint. 3 Defendants GERALDINE SENA, ELAINE SENA BROWN, GILDA SENA- WALKER, are successor co-trustees of THE SENA TRUST, dated April 27, 1988 which holds a security interest in the subject property, granted by Defendant JONATHAN H. CHESTNUT under that certain deed of trust, and recorded in the Records of Santa Cruz County on September 10, 2018 and bearing document number 2018-0027586. 10 4 The subject property is approximately 173,195 square feet in size, zoned SU, for 11 special use, which permits uses that are consistent with the general plan, and for which purpose this 12 parcel is designated R-R as “rural residential.” Submitted as Exhibit A is a true and correct copy of 13 the County Assessor’s property report for the subject property. 14 5 Defendants Does | through Does 20, inclusive are sued in this complaint under 15 fictitious names. Their true names and capacities are unknown to Plaintiff. When their true names 16 are ascertained, Plaintiff will amend this complaint by inserting their true names and capacities 17 herein. Plaintiff is informed, believes, and thereon alleges that each of the fictitiously named 18 defendants is responsible in some manner for the occurrences alleged in this complaint, and that 19 Plaintiffs damages as alleged in this complaint were proximately caused by those defendants. 20 6. Any violation of the Santa Cruz County Code constitutes a public nuisance pursuant 21 to section 1.12.050. Copies of the pertinent County Code sections are attached as part of Exhibit B, 22 which by this reference are incorporated herein. 23 7 As reflected in the Staff Report of County Code Compliance Investigator Marcus 24 Mendes, on August 11, 2021, Mendes conducted a site visit following a May 2021 complaint of 25 substandard and unpermitted rental units on the subject property. The exterior inspection of the 26 subject property confirmed that there was unpermitted conversion of the dwelling unit, including 27 no unpermitted construction, all of which was in violation of the County Code. Submitted as Exhibit C 2- COMPLAINT FOR TRO, INJUNCTION, ABATEMENT, COSTS, FEES AND PENALTIES is a true and correct copy of Mendes’ Staff Report document, which was prepared in anticipation of the eventually scheduled administrative hearing, discussed below. 8 On August 11, 2021, Mendes inspected the subject property and observed evidence of violations of Santa Cruz County ordinances; specifically the existence of an unpermitted remodel of the dwelling unit into what appeared to be multiple rental units, unpermitted grading, and construction for a new structure, in violation of the County’s building ordinance, (County Code sections 12.10.430(A), and 13.10.140(A)). Submitted as Exhibit D are true and correct copies of photographs Mendes took during the August 11, 2021 inspection. 9. At the conclusion of Mendes’ August 11, 2019 inspection, Mendes issued and posted 10 a Notice of Violation and Intent to Initiate Enforcement Sanctions (“NOV”) on the subject property 11 citing the following violations of the County Code: section 12.10.430(A) (construction without 12 permits) and 13.10.140(A) (non-compliance with zoning regulations). Submitted as Exhibit E is a 13 true and correct copy of the August 11, 2021 NOV and Exhibit F a true and correct copy of the 14 recorded NOV. 15 10. On April 8, 2022, the County mailed a Notice of Code Compliance Administrative 16 Hearing, to Defendant JONATHAN H. CHESTNUT at his mailing address of 326 Woodland Dr., 17 Ben Lomond, California 95005. The Notice (“NOI”) informed Defendant once again of the Code 18 violations on the subject property, the financial penalties to be imposed should the violations not be 19 abated, the date of the hearing on April 28, 2022, and the location of the hearing at the County 20 Administrative Building. Submitted as Exhibit G is a true and correct copy of the April 8, 2022 21 Notice of Administrative Hearing, along with proofof service by mail. 22 ll. The April 28, 2022 administrative hearing to enforce compliance with the August 11, 23 2021 NOV was continued at the request of Defendant to May 26, 2022. Defendant Jonathan 24 Chestnut did not appear at the hearing and the Administrative Hearing Officer found that Mr. 25 Chestnut had neither submitted a protest to the notice of hearing nor had he abated the code 26 violations, and ruled in favor of the County, issuing a Decision and Order (“D&O”), which was 27 no 3. COMPLAINT FOR TRO, INJUNCTION, ABATEMENT, COSTS, FEES AND PENALTIES signed by the Administrative Hearing officer on June 2, 2022. Submitted as Exhibit H is a true and correct copy of the D&O. 12. Per the D&O, Defendant was given several deadlines. Defendant was ordered to pay code enforcement costs of $480.00 within 60 days of the D&O notice date. Defendant had until December 31, 2022 to correct the code violations on the subject property or be subject to a civil penalty of $5,000.00. To date, these costs and penalties have not been paid by Defendant. 13. On August 7, 2023 and August 29, 2023 the County received two further complaints regarding substandard living conditions on the subject property. On October 3, 2023, Mendes conducted another inspection of the subject property, this time invited inside one of the rental units 10 by a tenant, who showed the still-existing unpermitted construction as well as signs of water damage 11 and broken and buckling flooring that had not been repaired and appeared to have been the result of 12 improper construction methods (see photographs taken by Mendes on October 3, 2023 and attached 13 hereto as Exhibit I). 14 14. To date, the subject property’s violations remain. The County Planning Department 15 has expended, and continues to expend, considerable time, expense, and resources in its efforts to 16 address the numerous code-related issues at the subject property. Nonetheless, Defendants have 17 demonstrated, and continue to demonstrate, a long-standing disregard for abiding by the provisions 18 of the County Code. 19 15. Plaintiff has no adequate remedy at law for the injuries currently being suffered and 20 that are threatened in that it will be impossible for Plaintiffto determine the precise amount of 21 damage that it will suffer if Defendants’ conduct is not restrained. Monetary damages are 22 inadequate to remedy the threatened injury to public health, safety, and welfare. Furthermore, the 23 restraint requested herein is necessary to prevent a multiplicity of judicial proceedings. 24 SECOND CAUSE OF ACTION 25 CIVIL PENALTIES AND COSTS 26 16. Plaintiff hereby incorporates the allegations contained in paragraphs | through 13, 27 inclusive, as though fully set forth herein. no -4- COMPLAINT FOR TRO, INJUNCTION, ABATEMENT, COSTS, FEES AND PENALTIES 17. In addition to other remedies provided by law, Santa Cruz County Code section 1.12.070(A) authorizes Plaintiffto sue for civil penalties in the amount not to exceed $2,500.00 per day, per violation, for known violations of the provisions of the Santa Cruz County Code. The violations here warrant the imposition of such penalties. 18. Santa Cruz County Code section 1.12.070(A)(4) additionally authorizes the imposition of code enforcement costs and attorneys’ fees. WHEREFORE, Plaintiff prays for judgment against Defendants as follows: 1 For an Order granting a preliminary injunction, and permanent injunction, enjoining Defendants and their agents, servants, employees, renters, lessees, representatives, and all persons 10 acting in concert with them, and all persons, from the following at the subject property: maintaining 11 unpermitted construction; and from violating Titles 12 and 13 and any other provision of the County 12 Code. 13 2. For an Order requiring Defendants to secure the subject property within thirty (30) 14 days, and submit applications for all necessary permits, within ninety (90) days. 15 3 For confirmation of Plaintiff's authority to abate the nuisances created by the cited 16 violations and to assess the costs of abatement against the subject property as a special assessment 17 and/or against Defendants as personal obligations, in the event that Defendants continue to violate 18 the County Code; 19 4 For a civil penalty not to exceed $2,500.00 per day for each violation of the Santa 20 Cruz County Code, in accordance with Santa Cruz County Code section 1.12.070(A), or in an 21 amount the Court deems reasonable at the time of final judgment in this action; 22 5 For additional code compliance enforcement costs incurred by Plaintiff at a rate of 23 $160.00 per hour in the amount to be determined at trial; 24 6. For attorney’s fees (at a rate of $325.00 per hour) and costs of suit incurred in this 25 action pursuant to Santa Cruz County Code section 1.12.070(A)(4), in an amount to be determined at} 26 trial; and, 7 For such other and further relief as this Court deems proper. 27 no 5. COMPLAINT FOR TRO, INJUNCTION, ABATEMENT, COSTS, FEES AND PENALTIES 1 Date: April 3, 2022 JASON M. HEATH, COUNTY COUNSEL 2 By: /s/ MichaelJ. De Smidt MICHAEL J. DE SMIDT Assistant County Counsel Attorneys for Plaintiff COUNTY OF SANTA CRUZ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 no -6- COMPLAINT FOR TRO, INJUNCTION, ABATEMENT, COSTS, FEES AND PENALTIES EXHIBIT A Sg ‘é =. Santa Cruz County Property Report Six Nolo l¢-i\-raa tol) tN 5 DH 21, (@1@) 4B) V8 Sra Ox Wala 0100) xe Kex-1 BM) Ulan] ol-1 em OP Aste 2°) ba 2-1 UES Kexefe(-a0\-) nO) =I ey ac Nels33) aKo) a \c-To imc] 0hag0)Lo) Lio] ex-) BS) P4-CRSV AoW Nol 1) nl@) =m ><-Tanloli(olay WAIT Rol o0]0 sto [Ue](Ma -1-18 Supervisorial District 5; Incorporated Area: n/a; Incorporated Sphere of Influence: n/a Voter Precinct: 50113; CA State Assembly District 28; State Senate: SENATE-17 ; US Congress District 19 Zoning Code: SU General Plan Futures: {GPFUTURES} Within 200' of CA Zoning or Ag Resource: No General Plan Pub. Facilities: {GPPUBFAC} Adjacent to TP Zoning: No General Plan Pub. Fac. Desc.: n/a General Plan Designation: R-R General Plan Parks: n/a General Plan Designation Desc.: Rural Residential Existing Parks: n/a General Plan Special Communities: n/a No Shoot Area: 8.28.030(C) General Plan Spec. Com. Desc: n/a Code Compliance Area: CCA-NORTH COUNTY General Plan Boundary: SAN LORENZO VALLEY Planner Team Area: SAN LORENZO VALLEY-PLANNING General Plan Scenic Areas: n/a Env. Planner Team: San Lorenzo Valley Within Rural Services Area: No Special Design Review: n/a Within Urban Services Area: No Building Inspection Area: BLDINS-AREAIC Archaeological Resources: Yes-Portion 400' Index Grid: 037-400GRID Airport Clear Zone: n/a USGS Grid: FELTON-USGS Agricultural Resources: n/a Airport Influence Area: Coastal Zone: No Coastal Zone Residential Exclusion: n/a Coastal Zone Appeal Jurisdiction: No DISCLAIMER: The maps and tabular data used on this web site have been compiled from many different sources. The accuracy of the individual map layers varies significantly, and some layers do not align exactly with others. In the urban areas, the parcel maps are generally accurate within five to ten feet of their true geographic coordinates, but in the rural areas, the maps may be accurate to only within three hundred feet. Due to the limitations of the mapped information, field studies and information from site inspections may be used to supplement or replace mapped information. With these limitations, the County of Santa Cruz disclaims ‘any responsibility for the accuracy or correctness of the maps and data. This disclaimer is exclusive and in lieu of any warranties, fitness for particular purpose, and/or ‘any other type of warranty, whether expressed or implied. The maps and data available at this site reflect mapped land use information as provided by the Santa Cruz County Planning Department. You are advised to contact the Santa Cruz County Planning Department (Zoning Counter at 454-2130, afternoons only) for further ‘explanation of the land use regulations for a particular designation. Page 1 of 3 EXHIBIT A Page 1 of 3 Six Nolo l¢-i\-raa tol) tN 5 DH 21, (@1@) 4B) V8 Sra Ox Wala 0100) xe Kex-1 BM) Ulan] ol-1 em OP Aste 2°) ba 2-1 UES Kexefe(-a0\-) nO) =I ey ac Nels33) aKo) a \c-To imc] 0hag0)Lo) [so] ex-) Bs) P4-CRSV A010 Nol 1) nl@) =m ><-Tanloli(olay WAIT Rol o0]0 sto [Ue](Ma -1-18 Timber Resources: No Fault Zone: n/a Grasslands: No DFIRM Panel No: 06087CO20IE Riparian Woodlands: No Floodway: n/a Biotic Resources: Yes-Portion Flood Zone: n/a Special Forest: No State Response Area: SRA-Moderate Sandhill Habitat: n/a High Fire Hazard Area: n/a Sanddhills IPHCP: n/a Fire Service Area: Boulder Creek FPD Fishery Resource: n/a Fire Hazard Area: No Groundwater Recharge: No Expansive Soil: No Basin: San Lorenzo Soil Permeability: Permeable HydroGroup B Watershed: Mid. San Lorenzo Geologic/Paleontologic: No Reservoir Protection: No Mineral Resources: No Water Supply Watershed: Yes Mineral Class: MRZ-1 Lease Disturbed Watershed: No Mineral Designation: n/a Stream Name: n/a Stream Type: n/a Lake Name: n/a Evapo-trans: 46 DISCLAIMER: The maps and tabular data used on this web site have been compiled from many different sources. The accuracy of the individual map layers varies significantly, and some layers do not align exactly with others. In the urban areas, the parcel maps are generally accurate within five to ten feet of their true geographic coordinates, but in the rural areas, the maps may be accurate to only within three hundred feet. Due to the limitations of the mapped information, field studies and information from site inspections may be used to supplement or replace mapped information. With these limitations, the County of Santa Cruz disclaims ‘any responsibility for the accuracy or correctness of the maps and data. This disclaimer is exclusive and in lieu of any warranties, fitness for particular purpose, and/or ‘any other type of warranty, whether expressed or implied. The maps and data available at this site reflect mapped land use information as provided by the Santa Cruz County Planning Department. You are advised to contact the Santa Cruz County Planning Department (Zoning Counter at 454-2130, afternoons only) for further ‘explanation of the land use regulations for a particular designation. Page 2 of 3 EXHIBIT A Page 2 of 3 Sie] 5 [@) DISSES OM KS a Orsyes) Sd er DI SIE d(O@a KS) High School District: n/a Fire District: Boulder Creek FPD Board of Ed. Trustees: Board of Education Trustee Area 1 Fire District SOl: Boulder Creek FPD SOI San Lorenzo Trustees: SLVUSD Trustee Area 3 Water District: San Lorenzo Valley Water District Pajaro Valley Trustees: n/a Water District SOI: San Lorenzo Valley Water District School district: San Lorenzo Valley Pajaro Valley WMA: n/a Cabrillo College Trustees: Cabrillo College Trustee Area 1 Sanitation District: CSA 12 Septic Maintenance Santa Cruz City Trustees: n/a Sanitation District SOI: CSA 12 Septic Maintenance Sanitation Repay Area: n/a Flood Control District: Flood Control Zone 8 Road District: NORTH Recreation District: CSA 11 Parks and Recreation Refuse Area: Valley Trash Pajaro Valley Cemetary Dist: n/a Zones of Benefit: CSA 11 Parks and Recreation Pajaro Valley Cem. Dist. SOI: n/a County Service Area 9A: n/a Port District: n/a County Service Area 9B: n/a Resource Conservation Dist.: Resource Conservation District County Service Area 9C: CSA-9C Mid-pen Open Sp. District: n/a County Service Area 9D: Zone 1 Water Service Area: San Lorenzo Valley Water Road Maintenance CSA: n/a Road Maintenance CSA SOl: n/a Date Exported: 4/4/2024 11:24 AM DISCLAIMER: The maps and tabular data used on this web site have been compiled from many different sources. The accuracy of the individual map layers varies significantly, and some layers do not align exactly with others. In the urban areas, the parcel maps are generally accurate within five to ten feet of their true geographic coordinates, but in the rural areas, the maps may be accurate to only within three hundred feet. Due to the limitations of the mapped information, field studies and information from site inspections may be used to supplement or replace mapped information. With these limitations, the County of Santa Cruz disclaims ‘any responsibility for the accuracy or correctness of the maps and data. This disclaimer is exclusive and in lieu of any warranties, fitness for particular purpose, and/or ‘any other type of warranty, whether expressed or implied. The maps and data available at this site reflect mapped land use information as provided by the Santa Cruz County Planning Department. You are advised to contact the Santa Cruz County Planning Department (Zoning Counter at 454-2130, afternoons only) for further ‘explanation of the land use regulations for a particular designation. Page 3 of 3 EXHIBIT A Page 3 of 3 EXHIBIT B 12.10.430 Violations. (A) It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, improve or maintain any building or structure or to cause, permit, aid, abet or furnish any equipment or labor for such work, unless either (1) a building permit has first been obtained for each building or structure from the Building Official and is in effect which authorizes such work; or (2) the work is exempt from the requirements for a permit by the provisions of SCCC 12.10.315. 13.10.140 Applicability. (A) Compliance with Zoning Regulations. No person shall construct, enlarge or move a building, and no person shall establish a new use of land or expand or intensify an existing use unless it conforms to the permitted uses provided in the zone district or conforms to a permit and regulations authorizing a discretionary use in the zone district in which the land is located. All construction, alteration, reconstruction or enlargement of buildings and all uses of buildings and land shall comply with all provisions of this chapter except as otherwise provided for nonconforming structures and uses. EXHIBIT B Page 1 of 1 EXHIBIT C OP 7 3 an oe “a cia COUNTY OF SANTA CRUZ PLANNING DEPARTMENT 701 OCEAN STREET, 4™ FLOOR, SANTA CRUZ, CA 95060 vr OY (831) 454-2580 Fax: (831) 454-2131 Tpp:711 NOTICE OF CODE COMPLIANCE ADMINISTRATIVE HEARING DATE: April 8, 2022 CASE NO: 22-NV24627 PROPERTY OWNER(S): Jonathan Chestnut MAILING ADDRESS: 326 Woodland Drive, Ben Lomond, CA 95005 DATE OF HEARING: April 28, 2022 TIME OF HEARING: 9:00 AM HEARING OFFICER: Gary Redenbacher LOCATION OF HEARING: Board Supervisor’s Chambers, 5" Floor 701 Ocean St, Santa Cruz, CA VIOLATION APN: 079-291-24 VIOLATION ADDRESS: 1851 River Rd, Brookdale, CA 95007 ANY COMMUNICATIONS REGARDING THIS NOTICE MAY BE DIRECTED TO CODE COMPLIANCE INVESTIGATOR MARCUS MENDES AT MARCUS.MENDES@SANTACRUZCOUNTY.US OR 831-454-2979 NOTICE IS HEREBY GIVEN THAT AN ADMINISTRATIVE HEARING HAS BEEN SCHEDULED, pursuant to Santa Cruz County Code, Chapter 1.12, for determining whether you have knowingly and willfully violated, or permitted or maintained, a violation(s) of the Santa Cruz County Code(s) on the subject property as specified below. Posted Violation(s) On August 11, 2021 a Notice of Violation was issued for the following violation(s) of County Code Section(s): 12.10.430(A) and 13.10.140(A). The subject property is in violation of the County Code(s) as follows: Non-permitted construction to create separate habitable units, in violation of County Zoning Ordinances. The Notice(s) of Violation provided 90 calendar days to correct the violations without civil penalty. Because the violation(s) is/are still present after 90 calendar days from the date of issuance of the Notice of Violation, an Administrative Hearing has been scheduled for the imposition of civil penalties pursuant to Santa Cruz County Code section 1.12.070. EXHIBIT C Page 1 of 27 Code Compliance Costs and Civil Penalties For the above-posted violation(s), the County will seek its enforcement costs, currently billed at $160.00 per hour. The enforcement costs will continue to accrue until the violation is resolved. For the posted violation(s) as noted above, the County will seek its enforcement costs in the estimated amount of $480.00, plus civil penalties in the amount of $. 5,000.00 should code violations remain unabated. The Administrative Hearing officer has the authority to impose civil penalties for a violation up to a maximum of two thousand five hundred dollars ($2,500) per violation, and a total of ten thousand dollars ($10,000) for related multiple violations on a single parcel of property pursuant to County Code section 1.12.070(F). If the Hearing Officer imposes costs and/or civil penalties against you, those costs and/or penalties, if unpaid, may be collected as a special assessment on the real property described above or collected as a personal obligation pursuant to Santa Cruz County Code Section 1.12.070. Within ten (10) business days of the date of this Notice of Administrative Hearing, you have a right to submit in written statement rejecting the designated Hearing Officer. In the event of such disqualification, a new hearing officer shall be randomly selected from the panel of alternate hearing officers established by the Board of Supervisors. In any proceeding before a Hearing Officer, oral testimony offered as evidence shall be taken only on oath or affirmation, and the Hearing Officer, his/her clerk, or other designee have the power to administer oaths and affirmations and to certify to official acts. Oaths of witnesses may be given individually or enmasse. Witnesses shall be asked to raise their right hands and to swear and affirm that the testimony they shall give is the truth, the whole truth, and nothing but the truth. Administrative Hearing Procedure: Attachment 3, “Administrative Hearing Procedures”, contains information regarding your hearing rights, rules of evidence, enforcement orders, penalties, continuances, and other pertinent information. At the hearing, you may provide evidence regarding the violation(s) and any mitigating circumstances to the Hearing Officer. If you are planning to submit any documentation or photographs as evidence, you must provide copies to both the Hearing Officer and the County. You are entitled to have an attorney or other representative appear with you at the hearing. You are entitled to call witnesses and cross-examine witnesses as set forth in the Administrative Hearing Procedures. PLEASE BE AWARE! FACE COVERINGS ARE REQUIRED FOR UNVACCINATED PERSONS. REMOVING ONE’S FACE COVERING IS A SELF-ATTESTATION THAT ONE IS FULLY VACCINATED. TO BE CONSIDERED FULLY VACCINATED A PERSON MUST MEET THE FOLLOWING CRITERIA: IT HAS BEEN AT LEAST 14 DAYS SINCE THEY RECEIVED EITHER A SINGLE DOSE COVID-19 VACCINE (1.E., JOHNSON & JOHNSON), OR THE SECOND DOSE OF A TWO-DOSE VACCINE Continuances—If you are physically unable to attend the hearing, please be aware of the following: all continuances are to be requested at open court for the record by owner(s), attorney, EXHIBIT C Page 2 of 27 or representative (w/power-of-attorney or owner-agent notarized doc.); the designated Hearing Officer holds the discretion to grant or denied such requests. If you and/or your representative(s) are not present at the hearing the matter will remain on calendar for consideration by the Hearing Officer and the hearing may proceed in your absence. The Hearing Officer’s Decision is final The Hearing Officer shall receive all relevant evidence presented and will render a Decision and Order. The Decision and Order of the Hearing Officer shall be final when issued in writing, and is enforceable in a court of law, unless an appeal of the decision has been filed in accordance with County Code section 1.12.070(H) or a writ has been filed in accordance with County Code Section 1.04.170. For information regarding filing an appeal, contact the Court Clerk’s office. Any communications regarding this Notice may be directed to Code Compliance Investigator Marcus Mendes at 831-454-2979, and/or via email to marcus.mendes@santacruzcounty.us. To submit an application to correct the violation, contact the Planning Department at 454-3252. Sincerely, L¢nnieJohfison, Planning Technician for: Matt Johnson, Principal Planner Attachments: 1 Evidence Packet 2 Administrative Hearing Procedures 3 Chapter 1.12 of the Santa Cruz County Code Cc Administrative Hearing Officer Code Compliance Investigation File EXHIBIT C Page 3 of 27 ADMINISTRATIVE HEARING STAFF REPORT April 5, 2022 Case #NV24627 Administrative Hearing Officer: Gary F Redenbacher SUBJECT: Jonathan Chestnut, 1851 River Rd, Brookdale, CA APN: 079-291-24 e Parcel size: Four acres, approximately e Zoning designation: R-R, Rural Residential e Improvements: Single-family dwelling with additional non-permitted living units constructed VIOLATION: e On August 11, 2021, a Notice of Violation was posted ° County Code Sections cited: 12.10.430(A) and 13.10.140(A) . The Notice of Violation (Notice of Intent to Record) letter was mailed on August 16, 2021 NOTICE GIVEN: ° Notice of Violation posted on property: August 11, 2021 e Notice of Intent mailed: August 16, 2021 e Protest Meeting request received: CO Yes KXINo STAFF REPORT: On August 11, 2021, in response to one or more complaints registered with the County Planning Department, a Notice of Violation was issued and posted the subject parcel for the confirmed allegations of non-permitted construction to created additional habitable dwelling units, in violation of County Zoning Ordinances. At the time of inspection, Code Compliance Investigator M Mendes observed the additional dwelling units identified with uniquely lettered unit numbers with occupants exiting and entering the units. COUNTY’S REQUEST: The County respectfully requests the Hearing Officer uphold the violation(s) as posted. The County requests payment of Code Enforcement costs of $480.00 payable within 60 days; Imposition of a Civil Penalty of $5,000.00 should said violations not be corrected, and that all enforcement and abatement costs, are to either be made a special assessment against the property on which the violations occurred and collected on the secured tax roll, and/or are to be the personal obligation of the person committing or permitting the violation and collected on the unsecured tax roll; and that the violations be corrected by ber 31, 20: ST if Mn WY Wn arcus Mendes, ‘ode Compliance Investigator County of Santa Cruz, California EXHIBIT C Page 4 of 27 Santa Cruz Count Planning Department Kathleen Molloy irector 701 Ocean Street, 4" Floor Santa Cruz, California 95060-4068 Telephone: (831) 454-2580 FAX: (831) 454-2131 BEFORE THE ADMINISTRATIVE HEARING OFFICER FOR THE COUNTY OF SANTA CRUZ | In the Matter of Case No.: 22-NV24627 Jonathan Chestnut STIPULATION AND ORDER Property Owner. ) 10 11 IT IS HEREBY STIPULATED AND AGREED by all parties hereto as follows: 12 1. Owner/Subject Property. Jonathan Chestnut, hereinafter referred to as the “Owner” is the 13 owner of record of the real property located at 1851 River Rd, Brookdale, California and 14 described as Assessor’s Parcel No. 079-291-24 and hereinafter referred to as “subject 15 property.” 16 County Violations. The subject property is in violation of Santa Cruz County Code Section(s) 17 12.10.430(A) and 13.10.140(A), as follows: 18 A. Construction of a additional habitable living units without permits. 19 B. Violation of County Zoning Ordinances. 20 Correction of Violations. Owner hereby agrees to correct the violations noted above as 21 follows: 22 A. By September 30, 2022 Owner shall: 23 i Submit all required applications to address violations noted in Paragraph 2A & B. 24 H 25 HW EXHIBIT C Page 5 of 27 B. By April 30, 2023 Owner shall: 1 Obtain required approvals, permits and inspections to retain the uses and structures. Owner shall diligently pursue approval of all permits including the timely submittal of any additional information requested and/or design changes required to obtain permits and shall obtain all final permit approvals and inspections including the clearance of any agency holds, If permits and approvals cannot be issued or owner chooses not to legalize the structures, Owner shall: Obtain appropriate demolition permits to remove all illegal construction and obtain all final permit approvals and inspections including the clearance of any 10 agency holds, 11 The Compliance Date of April 30, 2023 supersedes all dates that may appear on 12 any applications and permits. It is Owner’s responsibility to request in writing an 13 extension of this compliance date if necessary. 14 The agreed upon compliance time is sufficient to obtain all required approvals, permits and final 15 inspections. However, there are many steps that need to be completed promptly to meet the final 16 compliance deadline of April 30, 2023. Owner will contact the zoning and building counter 17 within 3 business days to determine the requirements that apply to the subject property and what 18 will be required for Owner to correct the violations noted in this Stipulation and Order. ! 19 4. Enforcement Costs and Civil Penalties. By June 30, 2022 Owner shall: 20 | There are many factors considered in the approval of permits, both building and discretionary. Professionals such 21 as architects, contractors, designers, engineers and land use consultants may be required The Owner is responsible t 22 allow for adequate time for any professional services desired or required, and for the permit process. Plans that are 23 submitted may require additional information or revisions. Once a permit is obtained, Owner is responsible to 24 schedule all inspections and obtain all clearances. The resolution of the violation(s) is the final approval of all 25 required permits by the compliance date. The compliance date is not superseded by any permit expiration dates. EXHIBIT C Page 6 of 27 A. Pay the accrued enforcement costs in the amount of $480.00. Payment shall be made to the County of Santa Cruz and submitted to the County Planning Department. 1 Owner agrees to pay all additional enforcement costs that will continue to accrue at the Planning Department’s current hourly billing rate of $160.00 until the violation is resolved. The billing rate is subject to change without notice. Prior to permit issuance, final resolution or expungement of the Notice of Violation, all unpaid and/or accrued enforcement costs shall be paid. 5. Schedule of Action Required Dates. The following table states the dates and actions required 10 by this Stipulation and Order. 11 DATE ACTION REQUIRED 12 September 30, 2022 Submit all required applications to address violations as 13 noted in Paragraph 2A. 14 June 30, 2022 Pay accrued enforcement costs in the amount of $480.00. 15 April 30, 2023 Obtain all required final inspections and approvals, 16 including clearing all holds. 17 May 1, 2023 Pay the Civil Penalty in the amount of $5,000.00, if 18 compliance is not met. After this date, the Stipulatio becomes fully enforced and no extensions or other 19 changes/modifications to any of the terms and conditions can be made. 20 21 6. Non-compliance with Stipulation and Order. In the event that the Owner does not comply 22 with all of the terms and conditions of this Code Compliance Stipulation and Order as stated 23 herein, a Civil Penalty in the amount of $5,000.00 shall be due and payable on May 1, 2023. 24 7. Unpaid Enforcement Costs. The sum of any due and unpaid Enforcement Costs after their dud 25 date, shall with no further notice become, at the sole discretion of the Planning Director, EXHIBIT C Page 7 of 27 either a Special Assessment Lien on the subject property located at 1851 River Rd, Brookdale} California, and identified as Assessor Parcel No. 079-291-24 and collected on the secured tax roll or shall be the personal obligation of Owner and collected on the unsecured tax roll. In the event the amounts awarded become a tax lien against the property, a 1% fee for collection services related to the lien per Government Code Section 29304 and County Resolution #484-82 will be added to the lien. Unpaid Civil Penalties. The County may, at its sole discretion, seek recovery of any due and unpaid Civil Penalties by obtaining a court order. Extensions. The Planning Director, or his/her designee, shall have the discretion to grant an 10 extension of the final compliance date, April 30, 2023, upon written documentation of a1 unforeseeable extenuating circumstances directly preventing meeting the compliance date 12 herein. Requests for an extension of the final compliance date, April 30, 2023, shall contain 13 documentation of corrective action taken as set forth within and due diligence to resolve the 14 violation, which shall be considered in evaluating the request for extension. Requests for an 15 extension will not be granted, if in the assessment of the Planning Director, the compliance 16 date cannot be met due failure on the part of the Owner to initiate the Permit Process in a 17 timely manner. Written requests for extension of deadline shall be submitted by April 30, 18 2023 and directed to the Code Compliance Principal Planner, Planning Department 4" floor, 19 701 Ocean Street, Santa Cruz, CA 95060. Requests for extension submitted after 5 p.m. on 20 April 30, 2023 may not be considered. 21 10. Non-compliance with Final Compliance Date. If the Compliance deadline stated herein is 22 not met, the property will be found in violation of County Code Section 1.12.010 for a 23 continuing violation of the County Code(s) as stated herein. It constitutes a misdemeanor for 24 any person to violate, or fail to comply with, any provision of the Santa Cruz County Code 25 unless otherwise specified. It shall be a separate offense for each day during which the EXHIBIT C Page 8 of 27 violation(s) noted herein continues. Should any of the above terms of this Code Compliance Stipulation and Order not be met, this matter may be referred to back to the Administrative Hearing Officer for imposition of additional civil penalties and compliance deadlines and/or to County Counsel to pursue available civil remedies including cost recovery for all accrued enforcement costs incurred from the date of this Stipulation and Order until the date of compliance with the Santa Cruz County Code and additional civil penalties. The parties hereto agree that the Administrative Hearing Officer retains the jurisdiction to enforce compliance with the terms and conditions stated herein. 11 If actionis brought to enforce the terms of this Stipulation, the County shall be entitled to 10 Code costs incurred and reasonable attorneys’ fees pursuant to Santa Cruz County Code i section 1.12.070(C). Continuing violations may be referred to the District Attorney’s Office 12 for criminal prosecution. 13 2. Acknowledgement. Your signature indicates that you fully understand and have agreed to 14 comply with the terms, conditions, and compliance date stated in this Code Compliance 15 Stipulation and Order. Once signed by the Hearing Officer, this Stipulation and Order becomes 16 an enforceable Order in a court of law. 17 " 18 HM 19 Mf 20 By signing this document, you waive your right to an appeal specifically related to this Order. 21 Failure to satisfy these terms will subject you to the payment of additional civil penalties, further 22 enforcement costs and/or further legal action without further notice. 23 HW 24 HW 25 MH