HomeMy WebLinkAboutItem 5a. 2025 CBOA Meeting Schedule 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
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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
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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.
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