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HomeMy WebLinkAbout04-25-2024 CBOA Agenda Packet Construction Board of Appeals AGENDA Thursday, April 25, 2024, 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.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. 3.a CONSIDERATION OF MINUTES - 02/22/2024 CONSTRUCTION BOARD OF APPEALS MINUTES 5 Consideration of the Construction Board of Appeals Minutes of February 22, 2024. Recommendation: Approve the Construction Board of Appeals Minutes of February 22, 2024. 4.PRESENTATIONS 4.a BUILDING OFFICIAL UPDATE 4.b AMENDMENTS TO ENERGY CODE FOR ALTERATIONS AND ADDITIONS 9 Recommendation: This is an informational presentation and discussion topic only. There is no action within the CBOA’s purview to take regarding this matter. 4.c UPDATE ON RULING FOR FERRIS VS. CITY OF SAN LUIS OBISPO 11 Recommendation: This is an informational presentation and discussion topic only. There is no action within the CBOA’s purview to take regarding this matter. 4.d ALTERNATIVE METHOD OF CONSTRUCTION FOR 2475 VICTORIA CROSSING 23 Recommendation: There is no action for the Construction Board of Appeals to take since this is not a public hearing item. 5.NEW BUSINESS 5.a BYLAW REVISION TO ADJUST RESIDENCY REQUIREMENT FOR the CONSTRUCTION BOARD OF APPEALS 25 Consideration of new language for the Membership and Terms section of the Construction Board of Appeals Bylaws Recommendation: Recommend the City Council amend the Construction Board of Appeals Bylaws to broaden the qualifications for the two disabled member positions, and to exempt those positions from the current residency requirement 6.ADJOURNMENT The next Regular Meeting of the Construction Board of Appeals meeting is scheduled for May 30, 2024 at 1:00 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. 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 1 Construction Board of Appeals Minutes February 22, 2024, 1:00 p.m. Council Chambers, 990 Palm Street, San Luis Obispo CBOA Members Present: Member Amando Garza, Member Christopher Wiedeman, Vice Chair Gresham Eckrich, Chair Niel Dilworth CBOA Members Absent: Member Nicholas Graves, Member Robert Vessely City Staff Present: Chief Building Official Michael Loew, Deputy City Clerk Kevin Christian, and Assistant City Attorney Mark Amberg _____________________________________________________________________ 1. CALL TO ORDER A Regular Meeting of the San Luis Obispo Construction Board of Appeals was called to order on February 22 at 1:04 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo, by Chair Dilworth. 2. CONSENT 2.a CONSIDERATION OF MINUTES - 10/24/2023 CONSTRUCTION BOARD OF APPEALS MINUTES Motion By Member Wiedeman Second By Vice Chair Eckrich Approve the Construction Board of Appeals Minutes of 10/24/2023. Ayes (4): Member Garza, Vice Chair Eckrich, Member Wiedeman, and Chair Dilworth Absent (2): Member Graves, and Member Vessely CARRIED (4 to 0) Page 5 of 27 2 3. PRESENTATIONS 3.b STAFF INTRODUCTIONS Item re-ordered Community Development Director Timothea Tway was introduced. The item was continued to later as additional staff were not currently present. 3.a BUILDING OFFICIAL REPORT Chief Building Official Michael Loew provided an overview on the implementation of a staff eReview process, reviewed resources planned to be available for the Board on a Construction Board of Appea ls Sharepoint site, presented Building and Safety Divisions statistics, and responded to Board inquiries. 4. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Public Comment: None -- End of Public Comment -- 5. NEW BUSINESS 5.a REVIEW OF ALTERNATE MATERIAL AND METHOD REQUESTS Chief Building Official Michael Loew presented the staff report and responded to Board inquiries. Note: Address listed for Attachment A and B was corrected to 1322 Morro Street. Chair Dilworth opened Public Comment Public Comment: None --End of Public Comment-- Chair Dilworth closed Public Comment Action: No Action was taken on this item. Page 6 of 27 3 5.b UTILITIES DEPARTMENT PRESENTATION ON MUNICIPAL CODE UPDATES Chris Lehman, Deputy Director Utilities Wastewater; Christina Claxton, Environmental Programs Manager; and Utilities consultant Ken Loucks presented proposed municipal code updates on grease interceptors and responded to Board inquiries. Staff noted the proposed code update will be presented to City Council on April 2, 2024, for their action. Action: No Action was taken on this item. 3. PRESENTATIONS 3.b STAFF INTRODUCTIONS Reordered Item continued Stormwater Manager Keith Schwanemann and WWC System Supervisor Ryan Beech were introduced to the Board. 6. ADJOURNMENT The meeting was adjourned at 2:10 p.m. The next meeting of the Construction Board of Appeals is scheduled for Thursday, March 28, 2024 at 1:00 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. _________________________ APPROVED BY CONSTRUCTION BOARD OF APPEALS: XX/XX/2024 Page 7 of 27 Page 8 of 27 Item 4b Construction Board of Appeals Agenda Report For Agenda of: 4/25/2024 Item Number: 4b FROM: Chris Read, Sustainability Manager Prepared By: Michael Loew, Deputy Director/Chief Building Official SUBJECT: AMENDMENTS TO ENERGY CODE FOR ALTERATIONS AND ADDITIONS RECOMMENDATION This is an informational presentation and discussion topic only. There is no action within the CBOA’s purview to take regarding this matter. DISCUSSION The City’s Office of Sustainability is seeking community input regarding new energy code amendments that is scheduled to be proposed to the City Council on May 21, 2024. Chris Read from the Office of Sustainability will provide the Construction Board of Appeals (CBOA) with a presentation and the scope of the policy and facilitate a discussion with the board. BACKGROUND As the City’s electricity provided by Central Coast Community Energy (3CE) is on track to be 100% renewable by 2030, efforts to reduce climate emissions from buildings in SLO can focus primarily on reducing natural gas consumption. Between 80 and 90 percent of gas used in residential buildings is consumed by a building’s water heater and furnace. Due to current regulatory limitations, the City is excluding stoves and laundry dryers from existing building policy discussion. For these reasons, the existing building policy discussion, including the Energy Efficient Renovations Policy, will focus on water heating, space conditioning, and whole home energy efficiency. Page 9 of 27 Page 10 of 27 Item 4c Construction Board of Appeals Agenda Report For Agenda of: 4/25/2024 Item Number: 4c FROM: Christine Dietrich, City Attorney Prepared By: Michael Loew, Deputy Director/Chief Building Official Mark Amberg, Deputy City Attorney SUBJECT: UPDATE ON RULING FOR FERRIS VS. CITY OF SAN LUIS OBISPO RECOMMENDATION This is an informational presentation and discussion topic only. There is no action within the CBOA’s purview to take regarding this matter. DISCUSSION The Construction Board of Appeals (CBOA) held several public hearings to determine the validity of staff’s findings regarding identified violations and the associated issued citations for a property known as 4080 Horizon. The property owner was cited for altering a creek by building a retaining wall in the channel and for violating creek setback regulations by erecting or placing prohibited structures in a creek setback. These previous public hearings occurred in January 2022, April 2022, and Ap ril 2023. The CBOA ultimately upheld staff’s findings. The property owner appealed the CBOA’s decision to the County’s Superior Court. The City Attorney’s Office defended the CBOA’s decision in court during the Month of December 2023 and a ruling was recently issued in March 2024. The Superior Court Commissioner upheld the Construction Board of Appeal’s decision to uphold the administrative citations against the property owner. Page 11 of 27 Page 12 of 27 Printed handout distributed to Board Members at the April 25, 2024 CBOA Meeting by Assistant Attorney Mark Amberg Page 13 of 27 Page 14 of 27 Page 15 of 27 Page 16 of 27 Page 17 of 27 Page 18 of 27 Page 19 of 27 Page 20 of 27 Page 21 of 27 Page 22 of 27 Item 4d Construction Board of Appeals Agenda Report For Agenda of: 4/25/2024 Item Number: 4d FROM: Michael Loew, Deputy Director/Chief Building Official Prepared By: Michael Loew, Deputy Director/Chief Building Official Sean McCaffrey, Plans Examiner SUBJECT: REVIEW APPROVED ALTERNATE MATERIAL AND METHOD REQUESTS RECOMMENDATION There is no action for the Construction Board of Appeals to take since this is not a public hearing item. Policy Context The Building Official has authority to permit alternative materials, methods of construction, or modifications to the code on a project-by-project basis when the applicant has demonstrated that, while their design may not be prescribed by the code, it still meets the minimum intent of the code. California Building Code Section 104.11 states the following: “Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed alternative meets all of the following: 1. The alternative material, design or method of construction is satisfactory and complies with the intent of the provisions of this code, 2. The material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code as it pertains to the following: 2.1.Quality. 2.2.Strength. 2.3.Effectiveness. 2.4.Fire resistance. 2.5.Durability. 2.6.Safety. Page 23 of 27 Item 4d Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved.” DISCUSSION Building Permit Number BLDG-2493-2022 (2475 Victoria Ave.) The Building and Safety Division received an application for the use of an alternative method of construction for a project located at 2475 Victoria Avenue. The project is described an “AUTOMATED PARKING LIFT” and provides parking for over 40 vehicles for individuals that live in the multifamily structure known as “Victoria Crossing.” The construction of this project required a series of special inspections in accordance with Chapter 17 of the California Building Code. However, the majority of the welds performed on the structural components were prefabricated outside of the country. Staff worked with the structural engineers of the lift, the special inspection agency contracted by the engineers, and the project management team to develop and alternative approach to verify compliance. Page 24 of 27 Item 4d Construction Board of Appeals Agenda Report For Agenda of: 4/25/2024 Item Number: 4d FROM: Michael Loew, Deputy Director/Chief Building Official Prepared By: Michael Loew, Deputy Director/Chief Building Official SUBJECT: BYLAW REVISION TO ADJUST RESIDENCY REQUIREMENT FOR THE CONSTRUCTION BOARD OF APPEALS RECOMMENDATION Consider amending the Construction Board of Appeals Bylaws to broaden the qualifications for the two disabled member positions, and to exempt those positions from the current residency requirement Policy Context Section 3, subsection B., paragraph 1 (Bylaws), of the Advisory Body Handbook states the following: Bylaws: Each advisory body has approved bylaws that set forth procedures, purpose and purview, specific functions, meetings, officers, budget, etc. (Charter, Article XII, Section 1204). By May 1st of each odd-numbered year, the bylaws of each advisory body shall be reviewed by that body. Any proposed changes shall be submitted to the Council through the City Clerk for approval. If no changes are proposed, a report of the review shall be submitted. City charter section 1201: “All registered voters within the City, except part or full-time officials and management employees of the City, shall be eligible for appointment, and shall be selected and appointed by any method deemed appropriate by the Council. Participation on citizen committees, commissions, boards and authorities by non- registered voters or non-city residents may be permissible depending upon the nature and purpose of the advisory body, as determined by the City Council.” DISCUSSION The Construction Board of Appeals (CBOA) has had a longstanding vacant position. This position is required to be filled by a member of the community who is physically disabled. Staff is recommending that the CBOA consider supporting an amendment to the current language as follows: Page 25 of 27 Item 4d Current Membership and Terms Proposed Membership and Terms The Construction Board of Appeals (CBOA) consists of seven members. Members must be residents and registered voters of the City pursuant to the City of San Luis Obispo City Council Policies & Procedures Manual. Five of the seven members shall be qualified by experience and training to pass on matters pertaining to building construction and building service equipment, hazards of fire, explosions, hazardous conditions or fire protection and who are not employees of the City. Two members of the Board shall be physically disabled persons, as defined in the adopted California Building Code. Board members may serve simultaneously on other non- technical City advisory bodies pursuant to the City of San Luis Obispo City Council Policies & Procedures Manual. Each term of office will be for four years. There is no limitation to the number of consecutive terms of appointment. The Construction Board of Appeals (CBOA) consists of seven members. Five of the seven members shall be qualified by experience and training to pass on matter pertaining to building construction and building service equipment, hazards of fire, explosions, hazardous conditions or Fire protection and who are not employees of the City. Two members of the Board shall be physically disabled community representatives* and shall be exempt from residency requirements. Each term of office will be for four years. There is no limitation to the number of consecutive terms of appointment. * Physically Disabled Community Representative Preference will be given to individuals who are registered City of San Luis Obispo voters and who identify as an individual with a physical disability or are a member of the physically disabled community. However, if recruitment for this position does not result in sufficient qualified registered City voters, membership may be considered for:  A physically disabled community member who lives outside the City limits, but within the County of San Luis Obispo.  A community member who lives outside the City limits, but within the County of San Luis Obispo that has a close connection with the physically disabled community, such as an individual who works in a professional or advocacy capacity serving the physically disabled community, has a physically disabled household or family member/loved one, serves as a caregiver, or similar connection. Page 26 of 27 Item 4d BACKGROUND The Humans Relations Commission and the Mass Transportation Committee have recently made exceptions to the residency requirements for their members that must be uniquely qualified. Additionally, the Mass Transportation Committee also has a requirement for a physically disabled person. This new language for the Physically Disabled Community Representative is consistent with the Mass Transportation Committee’s membership and terms. Page 27 of 27