Title
X24-0467 - 2440 Monarch Street, Suite 100. Appeal of Building Official’s April 24, 2025 Determination of Violations under the California Building Code, Fire Code, and Health and Safety Code at 2440 Monarch Street, Suite 100, as described in the April 24, 2025 Investigation Inspection Report for Code Enforcement Case No. X24-0467. Appellant: Steeltown Winery LLC, dba Building 43 Winery (Tenant) (Planning, Building and Transportation 20962720)
Body
To: Housing and Building Code Hearing and Appeals Commission
From: Oscar Davalos, Building Official
BACKGROUND
Building 43 Winery, established in 2015 at 2440 Monarch Street, Suite 100 (the “Property”), offers a variety of services including wine tastings and sales, on-site beer sales, and food from local food trucks. The winery also hosts private events, features outdoor seating, and offers live music and salsa classes.
On January 30, 2014, the Building Division received an application to inspect a facility to establish a new business. Based on records maintained by the Building Division, the application included the following description of work:
(First Floor): Pre-inspection for future winery cellar and tasting room (Type II-A construction; Occupancy Group F), scheduled for Wednesday, February 5, 2014, at 10:30 AM.
Subsequently, a building inspection was approved on January 15, 2015, and a fire inspection was approved on January 22, 2015, both associated with Permit Case No. B14-0082, as documented in the official record.
A Certificate of Occupancy for the project, under Case No. B14-0082, was issued following final approvals. The final signature was recorded on February 17, 2015, establishing that date as the effective date of issuance. No plans were submitted for plan check and no additional permits were found in the records.
On June 9, 2014, the Planning Division approved a Zoning Clearance for a Business License Application. Subsequently, the Planning Division received Application No. PLN14-0588, submitted with the following applicant description:
“Use Permit for Winery Operations. We will also have a tasting bar offering DTC (direct-to-consumer) sales of tastings, wine by the glass, or bottle purchases. Outdoor seating with approximately 60-person capacity.”
The official project description for the Use Permit was documented as follows:
“A public hearing to consider a Use Permit to allow outdoor seating and extended business hours for an existing winery at Alameda Point. The outdoor seating will occupy the paved area in front of the building. The proposed extended hours are from 10:00 p.m. to midnight on Fridays and Saturdays, exceeding the standard permitted business hours of 7:00 a.m. to 10:00 p.m., seven days a week. The project site is located within the AP-AR (Alameda Point - Adapted Reuse) District.”
The Use Permit was approved by the Zoning Administrator on April 7, 2015.
In July 2024, City of Alameda (“City”) staff received public complaints regarding incidents of public urination possibly involving patrons of the business known as Building 43 Winery. The information was relayed to the Director of Planning, Building, and Transportation and an investigation was initiated.
The investigation commenced with a request for relevant documentation pertaining to the business, including photographs from prior inspections. The landlord to Building 43 Winery stated it would be conducting an inspection and would provide the findings upon its completion. On August 12, 2024, the inspection results were received from the landlord, at which point a full investigation was initiated. This investigation entailed a review of available permits and inspection records from the Planning and Building Department, the landlord’s inspection findings, and publicly accessible online information.
Following the completion of the investigation, a Notice of Violation was issued on October 16, 2024. The notice was mailed to Tod Hickman and Estela Villagrana, the members of the business entity that operates Building 43 Winery, Steeltown Winery LLC (“Tenants”). The notice was also physically posted at the Property. Among other items, the notice requested access to the premises for inspection by October 21, 2024. No response was received. Despite multiple follow-up attempts and the procurement of two inspection warrants, both of which were ultimately denied access was finally granted on December 1, 2024, and the inspection was conducted on December 2, 2024.
On February 19, 2025, following a thorough review of all collected evidence, an Investigation Inspection Report was issued. On March 25, 2025, Tenants notified the Code Enforcement Division that they believed all cited items had been addressed and further claimed that this concluded the matter. City staff reminded the Tenants that formal plans were still required to be submitted to resolve outstanding issues related to the current use and occupancy of the premises. A follow-up inspection was conducted on April 24, 2025, and an updated report was subsequently sent to the Tenants and posted at the Property. The updated report required the plans requested by City staff in March to be submitted for plan check by May 12, 2025.
On May 1, 2025, Mr. Tod Hickman from Steeltown Winery LLC emailed me a response to the Inspection Report dated April 24, 2025 expressing disagreement with the outcome of the inspection and my interpretation of the applicable codes. On May 5, 2025, Mr. Hickman filed an appeal. The documents were received by the City Clerk and forwarded to the Building Division.
To date, no plans have been submitted to City staff for plan check. On May 15, 2025, a letter was mailed to the Tenants and posted on the Property. The letter notified the business owners that the Certificate of Occupancy had been revoked and the Property was deemed unsafe to occupy. The letter ordered the Property vacated.
DISCUSSION
The Building and Code Enforcement Division has consistently followed due process and clearly outlined the necessary compliance actions from the beginning. However, Mr. Hickman, the business owner, has been uncooperative throughout the process initiated in July 2024. Mr. Hickman unlawfully disobeyed two lawful administrative inspection warrants, and has failed to fully comply with remediating each violation identified across multiple inspections by City staff. Mr. Hickman’s responses to City staff consist primarily of bold claims of illegal actions by staff, unsupported by evidence or law.
Despite Mr. Hickman’s claims otherwise, every action by City staff in this matter has been lawful. Mr. Hickman has had ample time to bring his business into compliance with the City’s code requirements. City staff have provided multiple extensions and made themselves available for questions and guidance on how to proceed. All of this is reflected in the attached report and supporting documents. Despite the substantial amount of due process and time offered to Building 43 Winery to comply, the business and its owners have failed to do so.
The following are the required actions to bring the structure into compliance.
1. Submit plans prepared by a licensed engineer or architect for review. These plans should detail the improvements needed to bring the business into compliance with applicable code requirements. The plans must reflect existing conditions, identify any construction deficiencies or code violations, and outline corrective measures.
2. After the plans are approved, obtain the necessary permits and schedule the required inspections.
3. Do not commence any work that requires permits, inspections, or approval until the permits have been issued. Any work that has already been concealed will need to be exposed for inspection.
The City respectfully requests that the Commission consider the attached report and its supporting exhibits and documents and deny Mr. Hickman’s appeal.
ALTERNATIVES
Reverse the Building Official’s determinations of violations in its April 24, 2025 investigation report.
RECOMMENDATION
The City respectfully requests that the Board deny Mr. Hickman’s appeal.
Respectfully submitted,
Oscar Davalos
Chief Building Official, CBO, CFM
Exhibits:
1. Exhibit 1 Building 43 Appeal Report
2. Exhibit 2 Appeal Report Exhibits
3. Exhibit 3 Appeal Report Photos
4. Exhibit 4 Pictures from the Public-Yelp-Google
cc: Doug McManaway, Assistant City Attorney