HomeMy WebLinkAboutItem 6g. O-1741 Second Reading and Adoption to Amend Qualification for Construction Board of Appeals Item 6g
Department: Community Development
Cost Center: 4006
For Agenda of: 10/1/2024
Placement: Consent
Estimated Time: NA
FROM: Timmi Tway, Community Development Director
Prepared By: Michael Loew, Deputy Director/Chief Building Official
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1741 (2024
SERIES) TO AMEND QUALIFICATION FOR CONSTRUCTION BOARD
OF APPEALS
RECOMMENDATION
Adopt Ordinance No. 1741 (2024 Series) entitled, “An Ordinance of the City Council of
the City of San Luis Obispo, California, amen ding Section 15.04.020, Subsection N, of
the San Luis Obispo Municipal Code,” which will remove the local requirement to maintain
an Accessibility Board of Appeals pursuant to Health and Safety Code 19957.5 .
POLICY CONTEXT
City Charter Section 1202: Eligibility, Appointment, and Length of Terms – permits
nonregistered voter and non-city resident participation on citizen committees,
commissions, boards, and authorities depending upon the nature and purpose of the
advisory body, as determined by City Council. City Council approval is required to amend
the Advisory Body Handbook revising the participation requirements for committee
members.
The specific qualifications for appointment to the Construction Board of Appeals are
established under Municipal Code Title 15.04.020 Section 113 and in the Advisory Body
Handbook under the Bylaws of the board.
DISCUSSION
Background
On September 3, 2024, the City Council voted 5-0 to introduce Ordinance No. 1741
(Attachment A), which amends Municipal Code Section 15.04.020 Subsection N, and
removes the local requirement to establish an Accessibility Board of Appeals pursuant to
California Health and Safety Code Section 19957.5. Currently, this municipal code section
requires the Construction Board of Appeals (CBOA) to have two physically disabled
members, two members experienced in construction, and one member of the public. The
amendment to the municipal code allows the City Council to establish local qualifications
in the bylaws of the CBOA.
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Item 6g
Additionally, based on CBOA’s recommendation, the City Council adopted Resolution No.
11519 (Series 2024), which modifies the qualifications in the bylaws of the board.
Resolution No. 11519 (2024 Series) ensures the CBOA has representation for the
physically disabled community and allows advocates who represent them to fill these
positions. A vacancy for a physically disabled representative has existed on the board
since April of 2022. Furthermore, the updated bylaws now consider applicants eligible to
fill the physically disabled community representative positions even if they do not meet
the registered voter and residency requirements.
Previous Council or Advisory Body Action
On November 15, 2022, Council adopted Resolution No. 11377 (2022 Series) amending
the Human Relations Commission’s (HRC) purpose statement and bylaws section of the
Advisory Body Handbook. The amendment expanded the residency requirements for two
of the commissioner positions allowing up to two members to be residents and registered
voters of San Luis Obispo County or Cal Poly campus with a significant connection to the
City of San Luis Obispo. The HRC amendments were supported by the HRC itself as well
as the Diversity, Equity, and Inclusion (DEI) Taskforce.
On December 5, 2023, Council adopted Resolution No 11462 (2023 Series) amending
the Mass Transportation Committees bylaws section of the Advisory Body Handbook.
The amendment modified the residency requirements for the person with disability
position and provides a pathway for the position to be filled by an individual who
represents the physically disabled community.
On April 25, 2024, during a Regular Meeting, the Construction Board of Appeals voted to
recommend the amendments as proposed in this report.
On September 3, 2024, the City Council voted 5-0 to introduce Ordinance 1741 (2024
Series) that will amend the municipal code and adopted Resolution No. 11519 to amend
the advisory body handbook. No changes have been made to the Ordinance since
introduction.
Public Engagement
The proposed amendments were discussed at a public meeting of the Construction Board
of Appeals on April 25, 2024. This item was introduced at a public hearing during a regular
meeting of the City Council on September 3, 2024, which allowed for public comment and
followed the required postings and notifications.
CONCURRENCE
The current Construction Board of Appeals membership and Office of Diversity, Equity,
and Inclusion concurs with these recommendations. The report and ordinance have been
reviewed by the Finance Department and City Attorney’s Office.
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Item 6g
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to the recommended
action in this report because the action does not constitute a “project” under CEQA
Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: NA Budget Year: 2024-25
Funding Identified: NA
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ $ $ $
State
Federal
Fees
Other:
Total $NA $NA $NA $NA
There are no fiscal impacts associated with the proposed Ordinance.
ALTERNATIVES
1. Council may decide to modify the Ordinance before adoption. Depending on the
changes proposed, modifications of the Ordinance may require reintroduction and
then adoption during a subsequent public hearing, which will delay implementation of
Ordinance.
2. Council could decide not to adopt the Ordinance and require the CBOA to be
established pursuant to Health and Safety Code 19957.5. This action is not
recommended by staff because the Council has adopted Resolution No. 11519 (2024
Series) that updates the qualifications for members in the bylaws. The new bylaws
would be in conflict with the municipal code if this ordinance is not adopted.
ATTACHMENTS
A - Ordinance No. 1741 (2024 Series)
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O 1741
ORDINANCE NO. 1741 (2024 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING SECTION 15.04.020, SUBSECTION
N, OF THE SAN LUIS OBISPO MUNICIPAL CODE
WHEREAS, the membership requirements for appointment to the Construction
Board of Appeals is established in the City of San Luis Obispo Advisory Body Handbook
and the Building Construction and Fire Prevention Code of the City of San Luis Obispo,
2023; and
WHEREAS, the Building Construction and Fire Prevention Code of the City of San
Luis Obispo, 2023 is adopted under Title 15 of the City of San Luis Obispo Municipal
Code; and
WHEREAS, the disability representative position of the Construction Board of
Appeals has been vacant since April 1, 2022; and
WHEREAS, expansion of eligibility for the disability representative position could
assist in filling the vacancy; and
WHEREAS, the requirements for membership are established locally; and
WHEREAS, the language of Health & Safety Code §19957.5 is permissive as to
the creation of a local accessibility appeals board; and
WHEREAS, the amendments herein do not require the City Council to make
express findings for local amendments not considered a “building standard” as defined
by Health and Safety Code Section 18909(c).
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Environmental Determination. The project is exempt from
environmental review per CEQA Guidelines under the General Rule (Section
15061(b)(3)). The project involves updates and revisions to existing regulations. The
proposed code amendments are consistent with California Law, specifically the California
Health & Safety Code Sections 17958.7 and 18941.5. It can be seen with certainty that
the proposed Municipal Code text amendments will have no significant effect on th e
environment.
SECTION 2. Findings. The City Council finds that each amendment referred to in
the ordinance are reasonably necessary and are not considered a “building standard” as
defined in Health and Safety Code Section 18909(c).
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Ordinance No. 1741 (2024 Series) Page 2
O 1741
SECTION 3. Subsection N of Section 15.04.020 of the San Luis Obispo Municipal
Code is hereby amended to read as follows:
N. Amend Chapter 1, Division II, Section 113 to read as follows:
113.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the building official, code official or fire code official
relative to the application and interpretations of the California Building
Standards Code, the Uniform Housing Code, the Uniform Code for the
Abatement of Dangerous Buildings, and the In ternational Property
Maintenance Code, and standards referenced by Title 15 of the City of San
Luis Obispo Municipal Code, there shall be and is hereby created a Board of
Appeals. The building official or fire code official shall be an ex officio member
and shall act as secretary to said board but shall have no vote upon any matter
before the board. 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.
113.2 Limitations on authority. An application for appeal shall be based on
a claim that the true intent of this code or the rules legally adopted hereunder
have been incorrectly interpreted, the provisions of this code do not fully apply
or an equally good or better form or construction is proposed. The board shall
have no authority to waive requirements of this code. For appeals relating to
accommodations for the disabled, the authority of the board shall include the
ability to authorize reasonable alternatives to disabled access requirements
imposed by the California Building Standards Code.
113.3 Qualifications. The board of appeals shall consist of seven members,
five of which who are qualified by experience and training to pass on matters
pertaining to building construction and bu ilding service equipment, hazards of
fire, explosions, hazardous conditions or fire protection systems and are not
employees of the jurisdiction.
SECTION 4. The Chief Building Official and Fire Code Official are hereby
authorized and directed to transmit a copy of this ordinance to the California Building
Standards Commission as required by California Health and Safety Code Section
17958.7.
SECTION 5. If any provision of this Ordinance is for any reason held to be invalid
by a court of competent jurisdiction, the City of San Luis Obispo hereby declares that it
would have passed each and every remaining provision irrespective of such holding in
order to accomplish the intent of this ordinance.
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Ordinance No. 1741 (2024 Series) Page 3
O 1741
SECTION 6. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final
passage, in The New Times, a newspaper published and circulated in this City. This
ordinance shall go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 3rd day of September 2024, AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on the ___ day of _________ 2024, on the
following vote:
AYES:
NOES:
ABSENT:
___________________________
Mayor Erica A. Stewart
ATTEST:
_______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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