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Council denies appeal of abatement at 2750 Cedar Street after staff detail illegal construction and safety risks
Summary
After staff detailed repeated stop-work orders, citations and an abatement of unpermitted work at a hazardous site, the City Council denied an appeal and authorized a special assessment lien to recover abatement costs of roughly $2,831.
City planning and building staff recommended the City Council dismiss an appeal and record a special assessment lien to recover costs from an abatement at 2750 Cedar Street after staff documented unpermitted construction on a steep, landslide-prone parcel.
"We strongly recommend that you dismiss the appeal," Jordan Klein, director of planning and development, told the council, describing multiple stop-work orders, orders to correct, citations and repeated inspections in 2024. Staff said the property sits in a geological landslide zone and high fire-hazard severity zone, with a failing retaining wall, steep slopes and limited access.
Staff said the owner and architect proceeded with construction despite orders and that, after the city obtained an administrative warrant, the city abated the unpermitted structures and stored removed materials. The city's documented abatement costs totaled $2,831.
Architect Michael Tolleson, appearing as the appellant, argued he relied on a California code provision (CRC 105.2) that allows certain small accessory structures and that he had provided continuous special inspection and daily oversight by licensed professionals. Tolleson said staff did not properly apply CRC 105.2 and that the city had not given adequate time to resolve technical questions. "We are requesting that the lien be removed," Tolleson said, adding that his team had offered mitigation measures and intended to reframe work into a permitted application.
Councilmembers asked for clarifications about the timeline and several noted multiple stop-work orders were issued and not followed. Several members said staff had given repeated warnings and the abatement was justified under public-safety rules. Councilmember Humbert said he would vote to deny the appeal and thanked staff for enforcement; the motion to adopt staff's recommendation passed by vote.
The council directed that the assessed abatement costs be recorded as a lien to be collected through Alameda County, concluding the administrative appeal and leaving remaining remedies to applicable legal and property processes.
