HomeMy WebLinkAbout10.24.23 - CBOA Agenda Packet
Construction Board of Appeals
AGENDA
Tuesday, October 24, 2023, 1:00 p.m.
Council Chambers, 990 Palm Street, San Luis Obispo
The Construction Board of Appeals holds in-person meetings. Zoom participation will not be
supported at this time.
INSTRUCTIONS FOR PUBLIC COMMENT:
Public Comment prior to the meeting (must be received 3 hours in advance of the meeting):
Mail - Delivered by the U.S. Postal Service. Address letters to the City Clerk's Office at 990
Palm Street, San Luis Obispo, California, 93401.
Email - Submit Public Comments via email to advisorybodies@slocity.org. In the body of your
email, please include the date of the meeting and the item number (if applicable). Emails will not
be read aloud during the meeting.
Voicemail - Call (805) 781-7164 and leave a voicemail. Please state and spell your name, the
agenda item number you are calling about, and leave your comment. Verbal comments must be
limited to 3 minutes. All voicemails will be forwarded to the members and saved as Agenda
Correspondence. Voicemails will not be played during the meeting.
*All correspondence will be archived and distributed to members, however, submissions received
after the deadline may not be processed until the following day.
Public Comment during the meeting:
Meetings are held in-person. To provide public comment during the meeting, you must be
present at the meeting location.
Electronic Visual Aid Presentation. To conform with the City's Network Access and Use Policy,
Chapter 1.3.8 of the Council Policies & Procedures Manual, members of the public who desire
to utilize electronic visual aids to supplement their oral presentation are encouraged to provide
display-ready material to the City Clerk by 12:00 p.m. on the day of the meeting. Contact the
City Clerk's Office at cityclerk@slocity.org or (805) 781-7114.
Pages
1.CALL TO ORDER
Chair Dilworth will call the Regular Meeting of the Construction Board of
Appeals to order.
2.PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA
The public is encouraged to submit comments on any subject within the
jurisdiction of the Construction board of Appeals that does not appear on this
agenda. Although the Board will not take action on items presented during the
Public Comment Period, the Chair may direct staff to place an item on a future
agenda for discussion.
3.PRESENTATIONS
3.a BUILDING OFFICIAL'S UPDATE
4.CONSENT
Matters appearing on the Consent Calendar are expected to be non-
controversial and will be acted upon at one time. A member of the public may
request the Administrative Review Board to pull an item for discussion. The
public may comment on any and all items on the Consent Agenda within the
three-minute time limit.
Recommendation:
To approve Consent Item 3a.
4.a CONSIDERATION OF MINUTES - 08/08/2023 CONSTRUCTION
BOARD OF APPEALS MINUTES
5
Consideration of the Construction Board of Appeals Minutes of
08/08/2023.
5.NEW BUSINESS
5.a PROPOSED 2024 CBOA MEETING SCHEDULE AND RULES 7
Recommendation:
Accept the proposed meeting schedule and and rules.
6.ADJOURNMENT
The Construction Board of Appeals meets on an as-needed basis. As such, the
next meeting is tentatively scheduled for Thursday, December 7, 2023 at 1:00
PM in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo.
Agendas will be available no later than 72 hours prior to the meeting date.
LISTENING ASSISTIVE DEVICES are available -- see the Clerk
The City of San Luis Obispo wishes to make all of its public meetings accessible
to the public. Upon request, this agenda will be made available in appropriate
alternative formats to persons with disabilities. Any person with a disability who
requires a modification or accommodation in order to participate in a meeting
should direct such request to the City Clerk’s Office at (805) 781-7114 at least
48 hours before the meeting, if possible. Telecommunications Device for the
Deaf (805) 781-7410.
Agenda related writings or documents provided to the Construction Board of
Appeals are available for public inspection on the City’s website:
https://www.slocity.org/government/mayor-and-city-council/agendas-and-
minutes. Meeting video recordings can be found on the City’s website:
https://opengov.slocity.org/WebLink/Browse.aspx?id=60969&dbid=0&repo=City
Clerk
Page 4 of 9
DRAFT Minutes – Construction Board of Appeals Meeting of August 8, 2023 Page 1
Minutes - DRAFT
CONSTRUCTION BOARD OF APPEALS
Tuesday, August 8th, 2023
Special Meeting of the Construction Board of Appeals
CALL TO ORDER
A Regular Meeting of the San Luis Obispo Construction Board of Appeals was called to
order on Tuesday, August 8th, 2023 at 1:04 p.m. in the Council Hearing Room, located
at 990 Palm Street, San Luis Obispo, California, by Chair Dilworth.
ROLL CALL
Present: Board Members Amando Garza, Robert Vessely, Nick Graves, and Chair Neil
Dilworth
Absent: Vice Chair Gresham Eckrich, and Board Member Christopher W iedeman
Staff: Rodger Maggio, Fire Marshall, Michael Loew, Chief Building Official, Sadie
Symens, Assistant City Attorney and Council to Staff, Mark Amberg, Assistant
City Attorney and Council to Board, Teresa Purrington, City Clerk, and Lala
Stowe, Supervising Administrative Assistant
PUBLIC COMMENT ITEMS NOT ON THE AGENDA
None
--End of Public Comment--
APPROVAL OF MINUTES
1. Review of Minutes of the Construction Board of Appeals Meeting of May 16,
2023:
ACTION: UPON MOTION BY BOARD MEMBER VESSLEY, SECONDED BY
MEMBER GARZA, CARRIED 4-0, (With Vice Chair Eckrich and Member Wiedeman
absent) to approve May 16, 2023, as presented.
PUBLIC COMMENT
None
--End of Public Comment--
STAFF UPDATES
Page 5 of 9
DRAFT Minutes – Construction Board of Appeals Board Meeting of August 8, 2023 Page
2
2. Introduction of New City Staff to the Board: Michael Loew shared his new title
as Chief Building Official and introduced Sean McCaffrey, Plans Examiner.
Rodger Maggio introduced Fire Inspectors Joey Nau, Arlen Diepenbrock, and
Juliana Hutchinson. Fire Chief, Todd Tuggle and Hazardous Materials
Coordinator Mattie Bliss were also introduced.
PRESENTATIONS
3. Building Official Report: Chief Building Official Loew updated the Board on the
enforcement of municipal code 8.11 Alternate method and materials requests
related to 481 Madonna Road, Suite D. and 564 Higuera Street
PUBLIC HEARING ITEMS
INTERPRET THE APPLICATION OF MUNICIPAL CODE TITLE 15.04.020 (U)
SUBSECTION 903.1.1.4 FOR BUILDING PERMIT BLDG-0410-2023
Michael Loew, Chief Building Official, provided an overview of the staff report
regarding the City’s decision and the municipal code in question.
Rodger Maggio, Fire Marshal, provided clarification on fire sprinkler coverage in
relation to occupancy use space and responded to board members.
Bryan Ridley, Bracket Architecture Architect Appellant, Damien Mavis, Covelop
Project Owner Appellant, and Thom Jess, Arris Studio Architect Appellant provided
a presentation of the floor plan and precedent mixed occu pancy projects.
Public Comment
None
--End of Public Comment--
ACTION: UPON MOTION BY BOARD CHAIR DILWORTH, SECONDED BY
BOARD MEMBER VESSELY, TIED 2 -- 2, (With Member Garza and Member
Graves voting No and Vice Chair Eckrich and Member Weideman absent) to reject
appellant application and support staff interpretation of Municipal Code Section
15.04.020 (U) Subsection 903.1.1.4 for Building Permit BLDG-0410-2023
ADJOURNMENT
The meeting was adjourned at 2:58 p.m.
APPROVED BY THE CONSTRUCTION BOARD OF APPEALS: XX/XX/2023
Page 6 of 9
Item 5a
Construction Board of Appeals
Agenda Report
For Agenda of: 10/24/2023
Item Number: 5a
FROM: Michael Loew, Deputy Director/Chief Building Official
Prepared By: Michael Loew, Deputy Director/Chief Building Official
SUBJECT: PROPOSED 2024 CBOA MEETING SCHEDULE AND RULES
RECOMMENDATION
Accept the proposed meeting schedule and rules
Policy Context
Article 2, subsection 1 of the Construction Board of Appeals (CBOA) Bylaws states that
meetings shall be on call of the Chief Building Official on at least three days public
notice given in a form acceptable to the City Clerk.
Article 10 of the CBOA bylaws states that in order for items and materials to be included
on an agenda or to be acted upon by the committee, the y must be submitted to the
Secretary of the Board at least ten days prior to the date on which said request will be
considered by the Board. Such request must be made in writing setting forth the
following:
1. The applicable Code provision.
2. The nature of the requested change or interpretation.
3. The reasons for the change or interpretation.
The California Building Code states:
“113.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the building official relative to the application and interpretation
of this code, there shall be and is hereby created a board of appeals. The board of
appeals shall be appointed by the applicable governing authority and shall hold office at
its pleasure. The board shall adopt rules of procedure for conducting its business
and shall render all decisions and findings in writing to the appellant with a duplicate
copy to the building official.”
DISCUSSION
Staff has compiled a proposed schedule and rules for the CBOA to consider. Under the
bylaws adopted by City Council, as outlined in the Advisory Body Handbook, the
Building Official can call meetings with at least 3 days public notice. However, shorter
timeframes to call a meeting has proven to be difficult due to varying schedules for staff
and CBOA member. Therefore, staff has created a proposed meeting schedule for the
Page 7 of 9
Item 5a
2024 calendar year (Attachment A). Regular meetings are scheduled quarterly to
ensure that staff can update the CBOA members of policy decisions, staffing changes,
and provide educational presentations in the absence of a public hearing. The schedule
also includes “public hearing meetings.” These meetings will be canceled if the Board
Secretary does not receive the required documentation to place a public hearing item
on the agenda 10 days prior to the scheduled meeting, in accordance with Article 10 of
the CBOA bylaws.
The proposed schedule has shifted all future meetings to occur on Thur sdays. Meetings
occurring on Thursdays will require applicants to submit their information to the Board
Secretary by Monday of the week before the scheduled meeting (10 days prior to the
meeting). This will allow staff 3 days to prepare public notices, formulate a formal
position on the subject being appealed, and post the meeting agenda to the public.
Furthermore, this timeline will give CBOA members 7 days to review the materials prior
to the meeting in which a decision will be made.
Finally, in order to ensure that a quorum exists prior to the meeting, staff is requesting
that CBOA members commit to communicating their intention to be absent from a
meeting at least 14 days prior to the scheduled meeting. Absences due to unforeseen
circumstances should be communicated to the Board Secretary as soon as possible. In
return, staff will communicate to the CBOA that a public hearing meeting is canceled no
later than 9 days prior to the scheduled date.
ATTACHMENTS
A - Proposed Schedule and Rules
Page 8 of 9
Proposed Construction Board of Appeals
2024 Calendar
Public Hearing Meeting December 7th, 2023
1:00pm
Regular Meeting January 25th, 2024
1:00pm
Public Hearing Meeting February 22nd, 2024
1:00pm
Public Hearing Meeting March 28th, 2024
1:00pm
Regular Meeting April 25th, 2024
1:00pm
Public Hearing Meeting May 30th, 2024
1:00pm
Public Hearing Meeting June 27th, 2024
1:00pm
Regular Meeting July 25th, 2024
1:00pm
Public Hearing Meeting August 29th, 2024
1:00pm
Public Hearing Meeting September 26th, 2024
1:00pm
Regular Meeting October 24th, 2024
1:00pm
Public Hearing Meeting December 5th, 2024
1:00pm
Proposed Board Rules
1. Regular Meetings shall be held even if there isn’t an appeal for the Board to hear.
2. Public Hearing Meetings will only be held if there is an appeal for the Board to
hear.
3. Applicants who wish to appeal a matter before the CBOA shall submit a request
in writing to the Board Secretary no later than 10 days before a scheduled
meeting (As required by Article 10 of the CBOA bylaws).
4. The Board Secretary will notify the Board that a scheduled Public Hearing
Meeting will be canceled no later than 9 days before the meeting.
5. Board members shall notify the Board Secretary of a planned absence no later
than 14 days before a scheduled meeting.
6. Board members shall notify the Board Secretary of an unplanned absence as
soon as possible.
Page 9 of 9