HomeMy WebLinkAbout07-25-2024 CBOA Agenda Packet
Construction Board of Appeals
AGENDA
Thursday, July 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. Attendees of City Council or Advisory Body meetings are eligible to receive one hour of
complimentary parking; restrictions apply, visit Parking for Public Meetings for more details.
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.
Recommendation:
To approve Consent Items 3a and 3b.
3.a CONSIDERATION OF MINUTES - 2/22/2024 CONSTRUCTION
BOARD OF APPEALS MINUTES
5
3.b CONSIDERATION OF MINUTES - 4/25/2024 CONSTRUCTION
BOARD OF APPEALS MINUTES
9
4.PRESENTATIONS/INTRODUCTIONS
4.a INTRODUCTION OF FIRE MARSHAL KIM RAPP
Fire Chief Tuggle will introduce the City's new Fire Marshal, Kim Rapp,
to the Construction Board of Appeals.
4.b BUILDING OFFICIAL REPORT
Chief Building Official, Michael Loew, will update the Construction Board
of Appeals on Building and Safety Division operations
5.DISCUSSION
5.a FEE STUDY UPDATE 13
Staff will present a report on the new fees that were approved by City
Council on July 2, 2024.
Recommendation:
This is an informational presentation and discussion topic only. There is
no action within the CBOA’s purview to take regarding this matter.
5.b REVIEW APPROVED ALTERNATE MATERIAL AND METHOD
REQUESTS (AMMR)
17
Staff will present a report on a recently approved Alternate Method of
Construction application for the proposed project at 1433 Calle Joaquin
Street
Recommendation:
This is an informational presentation and discussion topic only. There is
no action within the CBOA’s purview to take regarding this matter.
6.ADJOURNMENT
The next Regular Meeting of the Construction Board of Appeals meeting is
scheduled for August 29, 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 21
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 21
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 21
Page 8 of 21
1
Construction Board of Appeals Minutes
April 25, 2024, 1:00 p.m.
Council Chambers, 990 Palm Street, San Luis Obispo
CBOA Members
Present:
Member Amando Garza, Member Nicholas Graves, Member
Robert Vessely, Chair Niel Dilworth
CBOA Members
Absent:
Member Christopher Wiedeman, Vice Chair Gresham Eckrich
City Staff Present: Chief Building Official Michael Loew, Deputy City Clerk Megan
Wilbanks
_____________________________________________________________________
1. CALL TO ORDER
A Regular Meeting of the San Luis Obispo Construction Board of Appeals was
called to order on April 25, 2024 at 1:00 p.m. in the Council Chambers at City
Hall, 990 Palm Street, San Luis Obispo, by Chair Dilworth.
2. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA
Public Comment:
None
--End of Public Comment--
3. CONSENT
3.a CONSIDERATION OF MINUTES - 02/22/2024 CONSTRUCTION BOARD
OF APPEALS MINUTES
Chair Dilworth commented that the February 22, 2024 CBOA Draft
Minutes were not included with the rest of the agenda packet materials. As
the minutes were not made available for public review at least 72 hours
prior to the meeting taking place, this item has been continued to the next
CBOA meeting for consideration.
Page 9 of 21
2
4. PRESENTATIONS
4.a BUILDING OFFICIAL UPDATE
Deputy Director/Chief Building Official Michael Loew provided a brief
update.
Public Comment:
None
--End of Public Comment--
4.b AMENDMENTS TO ENERGY CODE FOR ALTERATIONS AND
ADDITIONS
Deputy Director/Chief Building Official Michael Loew and Sustainability
Manager Chris Read provided an informational presentation on proposed
amendments to the Energy Code.
Public Comment:
None
--End of Public Comment--
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
Assistant City Attorney Mark Amberg and Deputy Director/Chief Building
Official Michael Loew provided a brief update on the San Luis Obispo
County Superior Court's ruling regarding Ferris vs City of San Luis Obispo.
Public Comment:
None
--End of Public Comment--
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
Deputy Director/Chief Building Official Michael Loew and Plans Examiner
Sean McCaffrey presented the staff report and responded to Board
inquiries.
Page 10 of 21
3
Public Comment:
None
--End of Public Comment--
This is an informational presentation and discussion topic only. There is no
action required by the CBOA.
5. NEW BUSINESS
5.a BYLAW REVISION TO ADJUST RESIDENCY REQUIREMENT FOR the
CONSTRUCTION BOARD OF APPEALS
Deputy Director/Chief Building Official Michael Loew presented the staff
report and responded to Board inquiries.
Public Comment:
None
--End of Public Comment--
Motion By Chair Dilworth
Second By Member Vessely
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
Ayes (4): Member Garza, Member Graves, Member Vessely, and Chair
Dilworth
Absent (2): Member Wiedeman, and Vice Chair Eckrich
CARRIED (4 to 0)
6. ADJOURNMENT
The meeting was adjourned at 2:51 p.m. 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.
_________________________
APPROVED BY CONSTRUCTION BOARD OF APPEALS: XX/XX/2024
Page 11 of 21
Page 12 of 21
Item 5a
Construction Board of Appeals
Agenda Report
For Agenda of: 7/25/2024
Item Number: 5a
FROM: Michael Loew, Deputy Director/Chief Building Official
Prepared By: Michael Loew, Deputy Director/Chief Building Official
SUBJECT: FEE STUDY UPDATE
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
Key Changes for Building and Safety
Current: Building and Safety fees include fixed fees as well as construction permit fees
that are charged on a base plus increment schedule as reflected on 30 separate matrices:
15 are for plan check services, and 15 are for building inspection services. Each matrix
represents a building use, and calculates fees based on square footage and type of
construction. Fixed fees in Building and Safety include things such as: water heater or
furnace replacements, balcony/porch/deck construction, electric car charging system
installation, and residential re-roofing.
Recommendation that was approved by City Council: Construction permit fees will be
simplified into 12 categories with a separate price per square foot for plan review and for
inspections; the categories are aligned with the types of permits that are issued. The 12
categories include:
Alteration/Addition – Accessory Dwelling Unit
Alteration/Addition – Commercial
Alteration/Addition – Mixed Use or Multi Family
Alteration/Addition – Single Family
New Accessory Building
New Accessory Dwelling Unit
New Commercial Building
New Commercial Shell
New Mixed-Use
New Multi Family (R2)
New Multi Family (R3)
New Single Family
These new categories will replace the 30 matrices that consists of hundreds of different
options, which will simplify estimating fees for future projects and improve staff efficiency
Page 13 of 21
Item 5a
for calculating fees. As in the current fee schedule, the proposed restructured fee
schedule is still based on square footage, which ensures that the cost of services are
proportionate to the size and cost of the project.
Each of the 12 categories also includes a minimum and/or maximum square footage for
calculating the fee. This helps ensure that the fees for very small and very large buildings
reflect the actual work effort required for plan review and inspection. The minimum permit
fee for each category is necessary to ensure that the City captures all costs associated
with processing applications. Regardless of the size of the project, the fee needs to
capture the cost of staff time to process the permit and conduct inspections. The
maximum permit fee is being recommended after staff analyzed the types of projects that
exceed the square footage thresholds that are being recommended. Larger projects in
the City tend to be similarly complex when it comes to reviews and inspections with more
volume in the building. For example, a single-family home that is 4,000 square feet will
have one kitchen, 3-4 bathrooms, and 4-6 bedrooms. Whereas a 2,000 square foot home
will have one kitchen, 2-4 bathrooms, and 3-4 bedrooms. The major difference between
the two homes is that the individual bedrooms, closets, and general living spaces are
larger. Where the 2,000 square foot home may have a primary bedroom that is 350
square feet, the 4,000 square foot home will likely have a primary bedroom closer to 600
square feet.
The cost per square footage is unique to each permit category and is based on how much
time a typical project for each category will take to review and inspect. Staff analyzed
projects within each category by calculating the time it took to process the permit based
on how many review comments were provided and the number of inspections performed,
as well as the nature of the comments and types of inspections for typical projects within
each category. The recommendation represents the conversion of staff’s actual time into
a cost per square foot. This means that the cost per square foot is not comparable across
categories. For example, a new detached Accessory Dwelling Unit (ADU) is similar in
nature to a new single-family home. The price per square foot is different in that it is much
higher for the ADU; however, the actual permit and inspection costs are lower for the ADU
because they are smaller projects.
The following tables provide a few examples of the current and proposed fee amount
changes for Building and Safety. In order to provide a sense of the impact of the new fee
structure and amounts on projects, Table 4 below, illustrates the plan review and
inspection fee that would be associated with several example projects of various sizes.
Table 5 provides additional examples of current and proposed fees. Table 5 provides a
sample of fixed-fee permits that are provided by the Building and Safety Division to
illustrate the proposed changes in Building and Safety.
Page 14 of 21
Item 5a
New and Deleted Fees: As identified in MGT’s report, there are 23 new fees proposed
and 26 fees that are recommended for deletion or consolidation in the building and safety
fee schedule. Additionally, there are 25 fees that staff recommends alterations to the fee
title to add clarity and ease of use of the fee schedule.
Revenue Increase: Overall, the change to the fee structure and anticipated volume of
permits is projected to generate approximately $145,000 in additional revenue .
ATTACHMENTS
A – New Master Fee Schedule
Page 15 of 21
Page 16 of 21
Item 5b
Construction Board of Appeals
Agenda Report
For Agenda of: 7/25/2024
Item Number: 5b
FROM: Michael Loew, Deputy Director/Chief Building Official
Prepared By: Michael Loew, Deputy Director/Chief Building Official
SUBJECT: REVIEW APPROVED ALTERNATE MATERIAL AND METHOD
REQUESTS
RECOMMENDATION
This is an informational presentation and discussion topic only. There is no action within
the CBOA’s purview to take regarding this matter.
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 17 of 21
Item 5b
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-0346-2024 (1433 Calle Joaquin)
The following provisions were added to the code during the 2019 mid-cycle amendments
that became effective July 1, 2021:
“11B-250.1 General. Circulation paths contiguous to vehicular traffic shall be
physically separated from vehicular traffic. Vehicular traffic includes travel through
parking facilities, into and out of parking spaces, into and out of electric vehicle
charging spaces, and along roadways, driveways and drive aisles. Physical
separation shall be provided with circulation paths raised 4 inches (102 mm)
minimum above the area where vehicular traffic occurs.”
There are several exceptions to this section found in the code; however, none of those
exceptions provide a feasible solution for the site impracticalities that exist at the property
known as 1433 Calle Joaquin St. For example, exception for is specifically for alterations
and reads as follows:
“4. In alterations to existing parking facilities, including alterations required by
Section 11B-202.4, physical separation may be provided with detectable warnings
complying with Sections 11B-247 and 11B-705.1 in lieu of raised circulation paths.”
Based on the code language and subsequent exceptions, the building official has
determined that the intent of this section is for those who are visual ly impaired to be
provided with additional measures to detect areas of vehicular traffic, and to provide
pedestrians with additional protection from that traffic. Exception 4 to section 11B-250.1
provides the detection, but not additional protection from traffic. Whereas the alternative
method that was approved provides protection and detection through the installation of
wheel stops, which exceeds the minimum intent of the code for alterations.
ATTACHMENTS
A - 1433 Calle Joaquin AMMR
B - A2.10 - Site Plan 1433 Calle Joaquin
Page 18 of 21
Building & Safety Division
Gommunity Development
919 Palm Street, San Luis Obispo, CA 93401-3218
APPLICATION FOR USE OF ALTERNATE MATERIAL,
METHOD OF CONSTRUCTION OR MODIFICATION OF CODE
T 805.781.7180
F 805.781.7182
Proiect Address: 1433 Calle Joaquin St., San Luis Obispo Buildine Permit/Application# BLDG-0346-2024
Use of Altemate Material X Use of Alternate Method of Construction
X Code Modification:2022 CBC Sec. 104.11, 2022 CFC 104,9;California Amendments of Title 24
Codes affected:XBuildine tl Electrical tr Mechanical I Plumbine ! Other Code
Number of Sections Involved: 1
Soecific Code Section(s) involved: CBC 118-250 Circulation paths, 118-247.1 Detectable wamings, 118-303.5 Warning curbs
Applicant:X Desien Professional ! Contractor ! Owner/Asent
Apolicant Name: Arris Studio Architects; Vince Catania Phone: (8OS) 547 -2240 x1 1 5
Address: 1327 Archer Street, Suite 220, San Luis Obispo, CA 93401
Owner: People's Self Help Housing Corporation Phone: (805) 651-3592
Address: 1060 Kendall Road, San Luis Obispo, CA 93401
The Building Official and the Fire Marshal must evaluate the following information to ensure that the material, method of
work and/or modification is equal to the Code in strength, effect, fire resistance, durability, safety, etc. Please supply such
information to support your request. Attach additional sheets if necessary
l. Suitability:
The proposed alternative measure of providing concrete
belween the circulation path and vehicular traflic.
wheel stops along the length of the path ol egress provides physical separation
2. Strength:
Precast concrete wheel stops shall be installed per manufaclurer specifications
3. Effectiveness:
TtrE lirb-fioi6iiai[drnative measures will be etfective in ensuring the salety of building occupants and pedestrians, including those with visual
impairments, by physically separating the parking lot from the circulation path and providing detectable warnings at designated interfaces with
the vehicular wav.
4. Fire Resistance:
The proposed alternative measures occur at exterior pathway conditions, protecting the minimum 4'wide path of travel across the site, There
are no compromises to the lire resistance of the building associated with lhis requesl.
5. Durability:
The proposed alternative measures will be durable and do not compromise the durability of the building. ln comparison to providing truncated
domes throughout, the proposed wheel stops provide an additional protection barrier between lhe building and sidewalk and the patking lot.
6. Safety:
The proposed alternative measures will mitigate safely concerns by providing an addilional protection barrier between the building and
sidewalk and the parking lot in lieu ol lruncaled domes throughout.
Additional Evidence or Proof:
See attached Architectural and Civil sheets.
/)/ *---
@
07t1712024
s
crty ol san Lu6 stspo
Building & Salety Division
The above lication and material has been reviewed and is:
tI REJECTED X ACCEPTED n conditions:with the
/t ,.7 /
Official
Fire Marshal:
o"t", -,-'7 / 2021f
Date:
Revised Dec 2019 tsPage 19 of 21
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