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HomeMy WebLinkAbout12-05-2024 CBOA Agenda Packet Construction Board of Appeals AGENDA Thursday, December 5, 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 Consideration of the Construction Board of Appeals Minutes of 02/22/2024. 3.b CONSIDERATION OF MINUTES - 4/25/2024 CONSTRUCTION BOARD OF APPEALS 9 Consideration of the Construction Board of Appeals Minutes of 04/25/2024 4.PRESENTATIONS / INTRODUCTIONS 4.a INTRODUCTION OF BUILDING INSPECTION TEAM Supervising Building Inspector, Trevor Nelson, will introduce the building inspection team to the board and provide a highlight of some currently active projects. 4.b BUILDING OFFICIAL UPDATE Chief Building Official, Michael Loew, will provide an update to the board on current operations. 5.BUSINESS ITEM 5.a APPROVE THE PROPOSED 2025 CBOA MEETING SCHEDULE 13 Recommendation: The CBOA will review and approve the 2025 meeting calendar. 6.DISCUSSION ITEM 6.a DISCUSSION OF FUTURE STUDY SESSION TOPICS 17 Recommendation: Provide staff with direction on whether the board would like to schedule future Study Sessions for the purpose of making recommendations to the City Council, regarding matters that have previously appeared before the board, during their upcoming adoption of the 2025 California Building Standards. 7.ADJOURNMENT The next Regular Meeting of the Construction Board of Appeals meeting is scheduled for Thursday, January 23, 2025 at 1:00 p.m. in the City 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, 2024 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 18 2 3. PRESENTATIONS 3.b STAFF INTRODUCTIONS Item re-ordered Community Development Director Timothea Tway was introduced. The item was continued to the end of the meeting, as additional staff members 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 Appeals 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 18 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 18 Page 8 of 18 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 18 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 18 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 18 Page 12 of 18 Item 5a Construction Board of Appeals Agenda Report For Agenda of: 12/5/2024 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, they 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 cons ider. 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 s chedules for staff and CBOA members. Therefore, staff has created a proposed meeting schedule for the Page 13 of 18 Item 5a 2025 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 “tentative public hearings.” 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. 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 a public hearing meeting in which a decision will need to 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/Rules Page 14 of 18 Proposed Construction Board of Appeals 2025 Calendar Regular Meeting January 23rd, 2025 1:00pm Tentative Public Hearing February 27th, 2025 1:00pm Tentative Public Hearing March 27th, 2025 1:00pm Regular Meeting April 24th, 2025 1:00pm Tentative Public Hearing May 22nd, 2025 1:00pm Tentative Public Hearing June 26th, 2025 1:00pm Regular Meeting July 24th, 2025 1:00pm Tentative Public Hearing August 28th, 2025 1:00pm Tentative Public Hearing September 25th, 2025 1:00pm Regular Meeting October 23rd, 2025 1:00pm Tentative Public Hearing December 4th, 2025 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 15 of 18 Page 16 of 18 Item 6a Construction Board of Appeals Agenda Report For Agenda of: 12/5/2024 Item Number: 6a FROM: Michael Loew, Deputy Director/Chief Building Official SUBJECT: DISCUSSION OF FUTURE STUDY SESSION TOPICS RECOMMENDATION Provide staff direction on whether the board would like to make recommendations to the City Council regarding previous matters that have appeared before the board. Policy Context The Construction Board of Appeals Bylaws state: ARTICLE 11. REFERRAL TO CITY COUNCIL After the conclusion of the hearing on the request, all decisions and findings shall be made in writing to the City Council with a duplicate copy to the appellant. The Board may recommend such new legislation as may be necessary DISCUSSION Staff recommends holding future study sessions to discuss the specific code sections relevant to the following past public hearings: 1) On May 16, 2023, The Construction Board of Appeals adopted a resolution entitled: “A RESOLUTION OF THE CONSTRUCTION BOARD OF APPEALS OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DENYING THE APPEAL OF WARREN FERRIS, ON BEHALF OF THE RICHARD W. & SHARLISS S. FERRIS TRUST, AND UPHOLDING ADMINISTRATIVE CITATION NO. 25409.” The board was asked to determine whether the administrative citations issued by staff should be upheld. The primary concern for the board was the claim made by the Appellant that the waterway in which the retaining wall system was constructed is a ditch that was arbitrarily re-designated as a creek at some point in history. The board ultimately upheld staffs’ citations. 2) On August 8, 2023, the Construction Board of Appeals rendered a nondecision for a public hearing item. It was considered a nondecision because the board voted 2-2, resulting in the Chief Building Official’s decision being upheld. The matter being considered was to determine whether the Building Official and Fire Marshal were appropriately interpreting Section 15.04.020, subsection U, 903.1.1.4, which states: Page 17 of 18 Item 6a “903.1.1.4 Change of Use. An approved automatic fire sprinkler system shall be installed throughout an existing building where there is an occupancy classification change for the floor area exceeding 1000 square feet. The provisions of Section 3406.1 shall not eliminate the requirement for an automatic fire sprinkler system.” Exceptions: 1. An attached Group U occupancy changed to a Group R, Division 3, occupancy, provided the building was constructed before July 7, 1990, and there is no increase in floor area. 2. Occupancy classification changes to Groups F, M, S, and U from an equivalent category as defined in previous editions of this code.” The board became conflicted in the matter when the Appellants brought examples of past enforcement practices for this section that gave the appearance of inconsistent enforcement over time. However, the local requirement to add sprinklers in existing buildings has been in the City’s Municipal Code since the early 1990’s. Page 18 of 18