HomeMy WebLinkAboutO-1741 amending Section 15.04.020 (Amendments-Building Standards), Subsection N, to remove requirement to maintain an Accessibility Board of AppealsO 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 the
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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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 International 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 building 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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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 1st day of October 2024, on the following
vote:
AYES: Council Member Marx, Shoresman, Vice Mayor Pease, and Mayor
Stewart
NOES: None
ABSENT: Council Member Francis
___________________________
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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10/3/2024 | 7:59 AM PDT