HomeMy WebLinkAbout2006/07/10 Board of Appeals & Advisors Agenda PK CITY OF CHULA VISTA
BOARD OF APPEALS AND ADVISORS
REGULAR MEETING
AGENDA
Monday- 5:15 p.m. Housing Conference Room July 10, 2006
430 Davidson Street
Chula Vista, CA 91910
CALL MEETING TO ORDER/ROLL CALL
1. DECLARATION OF EXCUSED/UNEXCUSED ABSENTEEISM:
2. APPROVAL OF MINUTES: Regular meeting of June 12, 2006
3. NEW BUSINESS:
A. Board will be nominating and electing chair and vice-chair for FY06-07
4. CHAIRMAN'S COMMENTS/REPORTS:
5. BUILDING OFFICIAL'S COMMENTS/REPORTS:
6. COMMUNICATIONS (PUBLIC REMARKS/WRITTEN CORRESPONDENCE): None
7. ADJOURNMENT TO REGULARLY SCHEDULED MEETING ON
AUGUST 14, 2006.
~/3 a~ ~
BRAD REMP, C.B.O. DATE
ASST. DIR. OF PLANNING & BUILDING/BUILDING OFFICIAL
SECRETARY TO THE BOARD OF APPEALS AND ADVISORS
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who require special
accommodations to access, attend, and/or participate in a City meeting, activity, or service, request such accommodation at least
forty-eight hours in advance for meetings and five days far scheduled services and activities. Please contact Judi Bell, Secretary,
for specific information at (619) 691-5272 or Telecommunications Device far the Deaf (TDD) at (619) 585-5647. California Relay
Service is also available for the hearing impaired.
(J:\Bid-Hsg\Judi Bell\Board of Appeals & AdvisorsWgenda 07-10-06)
i
MINUTES OFA REGULAR MEETING
BOARD OF APPEALS AND ADVISORS
CITY OF CHULA VISTA, CALIFORNIA
June 12, 2006 Housing Conference Room 5:15 p.m.
320 Davidson Street
MEMBERS PRESENT: Chair Romo, Vice Chair Monahan,
Members Flach, Buddingh, and Hieronimus
MEMBERS ABSENT: None
MEMBERS ABSTAINING None
CITY STAFF PRESENT: Brad Remp, Building Official, Doug Leeper, Code Enforcement Manager,
and Judi BeII, Recording Secretary
OTHERS PRESENT: None
CALL MEETING TO ORDER: Chairman Romo called the meeting to order at 5:16 p.m.
ROLL CALL: Members present constituted a quorum.
1. DECLARATION OF EXCUSED/UNEXCUSED ABSENTEEISM: None
2. APPROVAL OF MINUTES: MSU Monaghan/Flach (5-0) to approve the minutes of regular meeting
of February 13, 2006.
3. NEW BUSINESS:
A. Introduction of new member William Hieronimus:
Mr. Roma introduced Mr. Hieronimus to the Board. Mr. Hieronimus and the other board
members exchanged background information.
4. MEMBERS' COMMENTS: Mr. Flach announced that his first term will expire on June 30, 2006. Mr.
Monaghan's second term also expires June 30, 2006. Both agreed to remain on the Board until new
members are appointed. Mc Remp encouraged members to refer interested parties to apply for
appointment to the Board.
5. CHAIRMAN'S COMMENTS/REPORT: None
6. BUILDING OFFICIAL'S COMMENTS/REPORT:
A. Hotel/Motel Minimum Room Requirements
Mr. Remp asked Code Enforcement Manager, Doug Leeper to provide information on the HoteVMotel
Minimum Room Requirements Ordinance.
On June 20 the Hotel/Motel Permit to Operate Ordinance draft will be made public. This ordinance
gives operating guidelines to the hotels and motels in Chula Vista. If a hotel/motel has bad managing
practices and rooms are being rented to the wrong types of people, i.e. causing problems in the
neighborhoods and police are being called, etc., the permit to operate can actually be revoked and the
hotel/motel can be shut down until compliance. The biggest change is the Hotel/Motel -Guestroom -
Minimum requirements. lJp until now, there are no set standards by the state of what constitutes a
Board of Appeals & Advisors
Page 2
June 12, 2006
hotel/motel room or what is required to be in a room so it can be called a motel room. Such minimums
include:
a. Double size or larger bed;
b. Clothes closet with clothes rod;
c. Luggage rack or luggage support counter;
d. Toilet room;,
e. Lavatory;
f. Bathtub or shower;
g. Heating and air conditioning under guest control;
h. Mirror securely attached to a wall and with minimum size of 12"x12";
i. Security deadbolt on the entry door incorporating no special knowledge panic release
hardware and in compliance with. California Code of Civil Procedures Section 1941.3;
j. Solid core entry door securely mounted within its frame;
k. Doorguard constructed of solid brass or stainless steel;
I. Door viewer with 160 degree view in all directions installed in the guestroom entry door
(sidelight or window in close proximity to the door is also acceptable);
m. 24-hour free phone access to the front desk and to 911 services;
n. A rate schedule for services posted in each guestroom in a conspicuous place in compliance
with Californian code of Civil Procedures Section 1863;
o. Insect screens on all operable windows;
p. Functional locking mechanisms on all operable windows and sliding glass doors in
compliance with California Code of Civil Procedures Section 1941.3;
q. Window coverings on each transparently glazed window that provide for complete privacy
when closed and that are free of holes, tears, and frayed areas, defined as in excess of a 1
inch square combined total area, and that meet the California Title 19 requirements for fire
safety.
The Board members discussed the various proposed requirements.
B. Fee Studv Update
The City of Chula Vista, specifically the Building Division has embarked on a fee studyto confirm that what we
are charging under state law do not exceed reasonable costs of our services. The last fee study was done
about five years ago. The Building Division has been meeting with an outside consultant (MAXIMUS Group)
over the last two months to go through and provide specific time estimates on how long it takes to provide
certain services (plan check or inspection services). From that we have developed a comprehensive fee
schedule. Planning is also going to be doing a fee study and will start the process on June 26. It will take a
couple of months as well. We anticipate bringing the results forward to Council in mid-November.
What we have found so far is that we are not recovering sufficient costs. There are a number of areas in
which we are as much as $2 million short of what we could be recovering for the kinds of activities that we've
been involved in. The Planning side maybe even shorter in cost recovery. There are some decisions that will
have to be considered, such as, the appropriate amount to charge for minor permits to encourage people to
get permits. The cost of the permit should not dramatically exceed what the public reasonably believes it
should pay for a permit or they just won't get the permit. The ti'Uilding permit issue then becomes a code
enforcement issue and more work time and effort is spent in resolving the problem. W e're trying to balance as
to what is a reasonable amount. Sometimes the minor permits require two or three inspections and currently
we're looking at about $150/hr for the cost of our direct staff time to conduct these kinds of inspections. After
two or three times we would be looking at $400-$600 or sometimes would be more than what the work itself
would cost.
Board of Appeals & Advisors
- Page 3
June 12, 2006
The Otay Ranch Town Center mall is under construction. It is huge, almost 900,000 sq. ft. and is one of the
largest being built in the County in the last 20 years. Progress is going nicely. The opening is projected for
October 26. When the mall is completed it is projected that the increase in sales tax to the City will be $5
million/year. It is in our best interest to facilitate the inspection, plan review and permitting process.
Also there will bean influx of tenant improvement requests in the next 30 days. A number of them are already
in for plan check. We have committed to a seven-day turn-around to plan check.
C. Photovoltaic Workshop Update
Mr. Monaghan and Mr. Flach attended the workshop. It went well, good feedback. We wanted to reach out to
the industry to try to encourage them to share some of the difficulties and ideas that they have that would allow
us to be more encouraging of that kind of industry in Chula Vista. We had presentations from San Diego
Regional Energy Office and San Diego Gas and Electric and information on grant programs available. They
shared issues that they were having in the field. This was not a workshop that was advertised to the general
public.
A discussion followed.
7. COMMUNICATIONS (PUBLIC REMARKS/WRITTEN CORRESPONDENCE)' None
8. ADJOURNMENT: Chair Romo adjourned the meeting at 6:10 p.m. to a regular meeting
in the Housing Conference Room on July 1Q 2006.
BRAD REMP, C.B.O.
ASST. DIR. OF PLANNING & BUILDING /BUILDING OFFICIAL
SECRETARY TO THE BOARD OF APPEALS AND ADVISORS
MINUTES TAKEN BY:
JUDIBELL,SECRETARY
PLANNING & BUILDING DEPARTMENT
(J:\ Board of Appeals & Advisors FY 2005-2006\06.12.2006m.doc)
Chula Vista Municipal Code
ORDINANCE NO.
An Ordinance of the City of Chula Vista amending Chapter 15.20 HOUSING
CODE in the Chula Vista Minicipal Code relating to hotel and motel standards of
operation.
Chapter 15.20
HOUSING CODE*
Sections:
15.20.001 Severability
15.20.002 Definitions
15.20.010 r' rc u r ,+e +ooQ c~~+~,,., ~ Uniform
Housing Code 1997 Edition adopted by reference.
15.20.020 Section 201.1 amended to designate assistant director of
building and housing as building official.
15.20.030 Section 203.1 amended to designate board of appeals
and advisors as housing advisory and appeals board.
15.20.040 Section 304 added to require annual housing permit.
15.20.050 Section 305 added to require housing permit fees to be
set by city's master fee schedule.
15.20.060 Section 306 added to require suspension or revocation
of annual housing permit where operation is
nonconforming.
15 20 070 Hotel/motel -Permit to Operate
15 20 080 Hotel/motel - Guestroom -Minimum requirements.
* For statutory authority for cities to adopt codes by reference, see Gov. Code
§ 50022.1, et seq.; for statutory adoption of building codes and other codes to
apply as housing construction regulations throughout the state, see Health and '
Safety Code § 17922.
Prior legislation: Prior code 16A.1, 16A.3, 16A.5, 16A.6 and 16A.7;
Ords. 1357, 1594, 1606, 1735 and 1817.
15.20.001 Severability.
It is declared to be the intention of the city council that the sections, paragraphs,
sentences clauses and phrases of this code are severable, and If env phrase,
clause sentence paraaraph or section of this code shall be declared
unconstitutional by the valid Judgment or decree of a court of competent
jurisdiction such unconstitutionality shall not affect env of the remainlng phrases.
.clauses sentences paragraphs and sections of this code. (Pnor code ~ 1.5).
15.20.002 Definitions.
Chula Vista Municipal Code
For the purpose of this chapter unless otherwise expressly stated the following
words and phrases shall have the meanings respectively ascribed to them by this
section:
A "Guestroom" means a sleepina room in a hotel/motel designed and intended
to be used as lodginq for transient visitors to the city as documented by the city
building official or his designee.
B "Hotellmotel" means any building or group of buildings or facility containing
six or more questrooms which is occupied or intended or designed for
occupancy by transients for lodginq or sleeping purposes for thirty days or less
to the ublic. Hoteltmotel" does
eld out as such
within a 90-day period and is h p
not mean any hospital convalescent home or sanitarium;
C "Residential rents! unit" means an apartment house, lodginq house, or
dwelling;
D "Toilet Room" means a room that cart be made private by locking a door
that contains a toilet and shall comply in all ways with the California Building
Codes in effect upon its construction Toilet rooms may also contain lavatories.
bathtubs or showers.
E. "Transient" as defined in CVMC Section 3.40.020
15.20.010 Uniform Housing Code
. 1997 Edition adopted by reference
There is hereby adopted by reference that certain document known and
designated as the ~ ~ ~ ~ Uniform Housing
Code 1997 Edition as copyrighted by the International Conference of Building
Officials. Said document is hereby adopted as the housing code of the city of
Chula Vista, California, providing for the issuance of housing permits and
providing the minimum requirements for the protection of life, limb, health,
property, safety and welfare of the general public and the owners and occupants
of residential buildings in the city of Chula Vista, and the regulations, provisions,
penalties, conditions and terms of said
Uniform Housing Code 1997 Edition are hereby referred to, adopted, and made a
part hereof, as though fully set forth herein, excepting such portions as are
hereinafter deleted, modified or amended:
(Ord. 2784-B § 1, 1999; Ord. 2645 § 1, 1995; Ord. 2510 § 1, 1992; Ord. 2344
§ 1, 1989; Ord. 2159 § 1, 1986; Ord. 2046 § 1, 1983).
5.20.020 Section 201.1 amended to designate assistant director of
building and housing as building official.
Section 201.1 of the Uniform Housing Code, as it applies in Chula Vista,
shall read as follows:
Chula Vista Municipal Code
Section 201.1 Authority. The building official is hereby authorized and _
directed to enforce all the provisions of this code. Far such purpose, the
building official shall have the powers of a law enforcement officer.
The building official shall have the power to render interpretations of this
code and to adopt and enforce rules and regulations supplemental to this
code as may be deemed necessary in order to clarify the application of
the provisions of this code. Such interpretations, rules and regulations
shall be in conformity with the intent and purpose of this code. The
building official shall be the assistant director of planning and building.
(Ord. 2784-B § 1, 1999; Ord. 2645 § 1, 1995; Ord. 2506 § 1, 1992; Ord. 2439
§ 6, 19912; Ord. 2344 § 1, 1989; Ord. 2046 § 1, 1983).
15.20.030 Section 203.1 amended to designate board of appeals and
advisors as housing advisory and appeals board.
Section 203.1 of the Uniform Housing Code, and the title precedent thereto, as
it applies in Chula Vista, is hereby amended to read as follows:
Board of Appeals and Advisors.
Section 203.1 General. In order to provide for reasonable interpretation
of the provisions of this code, to mitigate specific provisions of the code
which create practical difficulties in their enforcement and to hear
appeals provided for hereunder, there is hereby established a board of
appeals and advisors consisting of seven members who are qualified by
.experience and training to pass upon matters pertaining to building
construction, use and occupancy of residential structures. The assistant
director of planning and building shall be an ex-officio member who shall
not be entitled to vote and who shall act as secretary to the board. The
board of appeals and advisors shall be appointed by the mayor and
confirmed by the city council. The board shall render all decisions and
findings in writing to the assistant director of planning and building with a
duplicate copy to the appellant. Appeals to the board shall be processed
in accordance with the provisions contained in Section 1201 of this code
or in accordance with such procedures as may be prescribed by the city
attorney of the city of Chula Vista. The decision of the bcard is final. The
board of appeals and advisors shall recommend to the city council such
new legislation deemed necessary to govern construction, use and
occupancy of residential structures, in the city of Ghula Vista.
(Ord. 2784-8 § 1, 1999; .Ord. 2645 § 1, 1995; Ord. 2510 § 1, 1992; Ord. 2344
§ 1, 1989).
15.20.040 Section 304 added to require annual housing permit.
Section 304, and the title precedent thereto, is added to the Uniform
Housing Code, as it applies in Chula Vista, which section shall read as
follows:
Annual Housing Permit.
Chula Vista Municipal Code
Section 304.1 It shall be unlawful for any person, firm, partnership, or
corporation, either for himself or itself, or for any other person, firm,
partnership, or corporation to own or operate an apartment house,
lodging house or hotelimotel without first obtaining a housing permit
therefor.
Section 304.2 The annual housing permit provided for in this code shall
be due and payable to the city of Chula Vista on the first day of January
of each year in advance. The housing permit fee shall be paid
cercurrently with the business license fee.
Section 304.3 If any person, firm, partnership or corporation commences
the operation of an apartment house or hotel/motel during the calendar
year, the housing permit shall be prorated on a quarterly pro rata basis
for the calendar year.
Section 304.4 A permit to operate and maintain an apartment house or
hotel/motel is not transferable.
1,O9992?OrdB2344 § 991989; O6d. 2§59 §;9 1~ 86; 046 §§11 1983), Ord. 2506 §
15.20.050 Section 305 added to require housing permit fees to be set
by city's master fee schedule.
Section 305, and the title precedent thereto, is added to the Uniform
Housing Code, as it applies in Chula Vista, which section shall read as
follows:
Housing Permit Fees -Residential rental units, Apartment Houses,
Lodging Houses, Hotels and Motels.
i
Section 305.1 The fee for a housing permit required by Section 304 of
this code shall be as presently designated, or as it may hereafter be
in the master fee schedule of the city of Chula
s set forth
amended, a
Vista.
For the purpose of this section, a "unit" shall mean each rental dwelling
in an apartment house, each sleeping room in a hotel, motel, and lodging
house, and each apartment and each hotel/motel sleeping room in a
building containing both apartments and hotelimotel sleeping rooms.
Separate residential rental units and separate hotel/motel buildings, or
' combination thereof, located upon a single parcel of land or contiguous
~ parcels of land, under the same ownership, shall be treated as one
apartment house, or hotel, far the purpose of computing the fee
prescribed by this section.
Section 305.2 Penalty for Delinquent Payment. If the housing permit is
not paid on or before the thirtieth day of the month following the date
when it became due, then a penalty in an amount equal to twenty-five
Chula Vista Municipal Code
percent of the permit fee due and payable shall be added thereto, and no
such permit shall be issued until such penalty has been paid.
` Section 305.3 The assistant director of planning and building shall cause
to be made such inspections, at such intervals, as shall be deemed
necessary to insure compliance with the provisions of this code.
(Ord. 2784-8 § 1, 1999; Ord. 2645 § 1, 1995; Ord. 2510 § 1, 1992; Ord. 2344
§ 1, 1989; Ord. 2159 § 1, 1986; 2046 § 1, 1983).
15.20.060 Section 306 added to require suspension or revpcation of
annual housing permit where operation is nonconforming.
Section 306, and the title precedent thereto, is added to the Uniform
Housing Code, as it applies in Chula Vista, which section shall read as
follows:
Suspension and Revocation of Housing Permit.
Section 306 Whenever it is found that any apartment house, lodging
house, hotel or motel is not being conducted in conformity with this code,
the annual housing permit to operate shall be subject to revocation or
suspension by the building official.
(Ord. 2784-B § 1, 1999; Ord. 2645 § 1, 1995; Ord. 2510 § 1, 1992).
15.20.070 Hotel/motel -Permit to Operate.
In addition to the requirements of CVMC 15.20.060, hotel/motels must have a
Permit to Operate as required by CVMC Chapter 5.39.
15 20 70 Hotel/motel - Guestroom -Minimum requirements.
No person or hotel/motel may offer for rent, use, or occupancy any questroom
that does not meat or exceed the following minimum equipment and amenities:
A An American standard double size mattress or larger made with 100% new
material resting on a box sprino and supported on a frame or pedestaP
B. Clothes closet with clothes rod'
C Luggage rack or luggage support counter;
D. Toilet room
E. Lavatory;
F Bathtub or shower,
~ G Heating and air conditioning under quest controP
Chula Vista Municipal Code
H Mirror securely attached to a wall and with minimum dimensions of 12" x 12"
I Security deadbolt on the entry door incorporating no special knowledge panic
release hardware and in compliance with California Code of Cron Procedures
Section 1941.3;
J Solid core entN door securely mounted within its frame;
K Doorguard constructed of solid brass or stainless_steel,
L Door viewer with 160° view in all directions installed in the questroom entry door;
Exception:
1. Sidelight or window in close proximity to the door is also acceptable.
M 24 hour free phone access to the front desk and to 911 se_ryices~
N A rate schedule for services aosted in each questroom in a conspicuous place in
coin liance with California Code of Civil Procedures Section 1863
O Insect screens on all operable windows
P Functional locking mechanisms on all operable windows and sliding glass doors in
coin liance with California Code of Civil Procedures Section 1941.3
Q Window coverings on each transparently glazed window that provide for complete
privacy when closed and that are free of holes tears and frayed areas defined as in
excess of a 1 inch square combined total area and that meet the California Title 19,
requirements for fire safety:
``~I/
--d
CITY OF
ENVlRONME~lTAL HEALTH RESORT -HOTELS A~1~ MOTELS
INSTRUCTIONS TO THE REGISTERED ENVIRONMENTAL HEALTH SPECIALIST: -
All areas of the building and grounds and all guestrooms shall be inspected for the following items.
Please initial each item that is in compliance. Any item not in compliance shall be detailed on the second
sheet attached herein. Issues not covered by these items that are in violation of government statute shall
also be reported in detail on sheet two:
The hoteVmotel does not have any interior or exterior areas where stagnant water has accumulated.
_ All necessary means have been employed to eliminate and control infestations of insects and
rodents on the premises of any hotellmotel. "Insects" include, but are not limited to, lice, bedbugs, fleas,
blood-sucking conenoses, roaches, flies, bees, and the larva and eggs of aforesaid insects. "Rodent"
includes, but is not limited to, mice, rats, opossums and squirrels.
_ Soap and toilet tissue in suitable dispensers and individual towels or other approved hand-drying
facilities and suitable waste receptacles with lids are provided in each rest room.
Floors, walls and ceilings of guestrooms are constructed and maintained as to be easily cleanable
and are clean and in good repair.
_ Mattresses, mattress covers, quilts, blankets, pillows, pillow slips, sheets, comforters, and other
bedding is clean and is in good repair.
Guestrooms are supplied with a lavatory, hand soap, and clean towels-for each guest.
_ All eating and drinking utensils in guestrooms are either single use service or are washed, sanitized,
and protected from subsequent contamination.
_ There are no ice machines on the property that allow dispensing of ice from storage bins where the
general public has free access.
_ All rubbish, waste containers, and dumpsters located on the premises are free of accumulations of
refuse, dirt and waste products that are subject to decomposition and fermentation.
_ Swimming pool(s) are maintained to State of California regulations.
Signature of CA Licensed Health Specialist Date:
Print Name CA License Number
® City of Chula Vista ~ Planning and Building Department ~ 276 Fourth Rve.® Chula Vista ~ CA 91910®
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