HomeMy WebLinkAbout2005/07/11 Board of Appeals & Advisors Agenda PacketMonday — 5:15 p.m.
CITY OF CHULA VISTA
BOARD OF APPEALS AND ADVISORS
REGULAR MEETING
AGENDA
Public Services Building
Conference Room No. 2 &
276 Fourth Avenue
Chula Vista, CA 91910
CALL MEETING TO ORDER/ROLL CALL
I declare under penalty of perjury that I am
employed by the City of Chula Vista in the
Department of Planning and Building and
that I post96pycgW IfftTancellation
Notice on the Bulletin Board at the Public
Services Building.
Date: 7/6/05 Signed: %F
DECLARATION OF EXCUSED/UNEXCUSED ABSENTEEISM:
2. APPROVAL OF MINUTES: Regular meeting of June 13, 2005
3. NEW BUSINESS:
A. Status of Code Enforcement operations (Doug Leeper, Code
Enforcement Manager)
4. CHAIRMAN'S COMMENTS/REPORTS:
5. BUILDING OFFICIAL'S COMMENTS/REPORTS:
6. COMMUNICATIONS (PUBLIC REMARKS/WRITTEN CORRESPONDENCE):
7. ADJOURNMENT TO REGULARLY SCHEDULED MEETING ON
August 8, 2005.
BRAD REMP, C.B.O.DAT
ASST. DIR. OF PLANNING & BUILD I G/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 for scheduled services and activities.
Please contact Judi Bell, Secretary, for specific information at (619) 691-5007 or Telecommunications Device for the
Deaf (TDD) at (619) 585-5647. California Relay Service is also available for the hearing impaired.
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MINUTES OFA REGULAR MEETING
BOARD OF APPEALS AND ADVISORS
CITY OF CHULA VISTA, CALIFORNIA
June 13, 2005 Conference Room No. 1 5:15 p.m.
MEMBERS PRESENT: Chair Jose Romo, Board Members Matt Flach,
Edward Nagorski, and Donald Snider
MEMBERS ABSENT: Vice -Chair West, Member Monaghan, Member Ehm
MEMBERS ABSTAINING: None
CITY STAFF PRESENT: Building Official Brad Remp, Deputy Building Official Lou
EI-Khazen, Code Enforcement Manager Doug Leeper,
Plans Examiner Supervisor Tom Nikzad, Secretary Judi Bell
OTHERS PRESENT: None
CALL MEETING TO ORDER: Chairman Romo called the meeting to order at 5:33 p.m.
ROLL CALL: Members present constituted a quorum.
1. DECLARATION OF EXCUSED/UNEXCUSED ABSENTEEISM: West (E), Monaghan (U), Ehm (U)
2. APPROVAL OF MINUTES: MSU Snider/Flach (4-0) to approve the minutes of regular meeting of
November 8, 2004. Chairman Romo asked that minutes of special meeting of November 22, 2004
be amended to reflect that he recused himself due to conflict of interest in the appeals case being
heard (MSU Snider/Flach (4-0).
3. NEW BUSINESS:
A. Election of Officers for FY 2005-2006:
Mr. Snider announced that he may be moving to Arkansas in October 2005. His term expires
June 30, 2006.
It was also announced that Vice -Chair Ben West and Member Bryan Ehm, whose
commissions each expire June 30, 2005, do not wish reappointment to the Board.
Results of election: MSU Flach/Snider (4-0) to re-elect Jose Romo as Chairman and elect
Edward Nagorski as Vice -Chairman of the Board of Appeals and Advisors for Fiscal Year
2005-2006.
B. Electrical Code Adoption:
Lou EI-Khazen, Deputy Building Official, made a presentation of an Ordinance adopting the
California Electrical Code, 2004 Edition and Uniform Administrative Code Provisions for the
L 4 5
June 13, 2005
Board of Appeals and Advisors
Page Two
National Electric Code, 1996 Edition, with Amendments. This proposed ordinance amends the existing
ordinance in regards to the electrical code for the City of Chula Vista. The California Building Standards
Commission (CBSC) has mandated that each jurisdiction within the State of California enforce the 2004
Edition of the California Electrical Code on August 1, 2005. Usually the State adopts the various building
codes at the same time and they become effective the same day. During this adoption cycle, however,
actions taken by the CBSC delayed the adoption of the California Building and Fire Codes. It may take two to
three years before these codes are ready for adoption by the State. California Building Standards
Commission has decided to move forward with the adoption of the 2004 California Electrical Code ahead of
the other codes.
The proposed amendments reflect changes to the administrative components of the enforcement program
that are necessary to maintain consistency with other existing provisions contained in the Municipal Code.
Code uniformity is promoted throughout the jurisdictions within the County of San Diego, thus creating a
positive professional environment among all code users.
Discussion: Mr. Flach asked for the clarification of a communication line. He referred to the staff report
which stated that the Ordinance would expand the list of types of electrical work exempt from an electrical
permit to include communications circuits. It was explained that communications lines are lines which are low -
voltage (less than 60V).
Mr. Romo asked about the section of the Ordinance which explained reinspections:
Deputy Building Official EI-Khazen responded that there are two ways to charge: If a reinspection is
necessary because the applicant is not ready, or the plans were not onsite, or in the middle of a project
something was substantially changed that required a plan change. We have the ability to charge the cost
associated with processing a plan change. We track whether or not it was a plan change. The charge is for
plan check time and inspection work of the inspector.
Mr. Flach questioned the paragraph for previously used material:
He asked if someone was doing a remodeling job, could they reuse the conduit or would they have to ask
permission. The Building Official explained that this part of the ordinance was intended if someone doesn't
demolish the building and get rid of the wiring and then try to use it in a new building. We would have to check
to see if it can be reused.
Approval ofOrdinance: MSU Romo/Flach (4-0) to recommend to City Council the adoption of the 2004
Edition of the California Electrical Code and Uniform Administrative Code Provisions for the National Electrical
Code, 1996 Edition, with Amendments.
4. CHAIRMAN'S COMMENTS/REPORT: Chairman Romo requested thatthe Board be updated on the
status of Code Enforcement operations. The Building Official offered that a PowerPoint presentation
would be scheduled for the next meeting on July 11, 2005.
Mr. Romo then requested that a City Attorney attend one of the meetings in the near future and inform
the Board Members of their scope of responsibility and give whatever guidance necessary.
The Assistant City Attorney who will be asked to do that is Deborah Cave. Arrangements will be
made to invite her to the next meeting. It is anticipated that there will be two new members by that
time.
The status of the abatement of the ETC tel 2004s Thefly discussed. This motel has been closedS the subject of a
hearing at the Board Appeals in November
e been
5, BUILDING he discrepancy between h/REPORT For the past year and a half we e NFPA building Code and the ICC Building Codes.vWe are
discussing the d p Y
Board of Appeals and Advisors June 13, 2005
Page Three
pleased to announce that efforts were successful and that we were able to petition the Building
Standards Commission to reverse their previous decision and to go on record endorsing the adoption
of the International Building Code and the International Fire Code and dropping the NFPA Building
Code and Fire Code. We are now going to work closely with the state agencies in making that
amendment package. If everything goes well, we still are looking at a two year process possibly to
get us on to the 2006 International Building Code and International Fire Code with appropriate
California amendments. Right now we're under the 1997 Uniform Building Code. It was a great
coalition that put this together.
We had representatives from all the agencies and probably the most pivotal person was the State Fire
Marshall. He is an excellent person to work with and we're looking forward to working with him again
not only on this, but also on issues regarding the Urban Wildland Interface Code (UWIC). We are
continuing to make progress in developing a code adoption package that will establish specific
building code standards for those structures that are built adjacent to what we refer to as Urban
Wildland Interface.
In 2003 we had a scary situation occur here, but we were very lucky. Homes were lost in the County
and City of San Diego. We want to put together a package that will address building code
requirements for those structures that will be along that Interface and also come up with a set of
criteria and requirements that help to establish a buffer zone between where these houses are and
the Open Space Preserve or Multiple Species Conservation Plan (MSCP) areas. We have hired a
consulting firm, Dudek & Associates. They have produced some preliminary maps already identifying
where our highest risk areas are based on the vegetation, slope,.climate, and micro climate that
exists in those particular areas. We have a map right now that kind of gives us a sense of how
severe a particular fire may become based on where it originates and what areas would be most
exposed. That will be part of the package and we will bring that to you when it becomes available.
Some of the bigger challenges now are sorting out how you balance the environmental issues, that is
"don't touch anything" versus we have to "go in there and thin this out" so that should a fire start there
the fire department will have a reasonable chance of trying to control it before it becomes completely
out of control and gets into the houses. Once it gets into the houses it is extraordinarily difficult
because the embers can fly as much as a mile ahead. We have to deal with it as quickly as possible.
We're getting some very good information and we have some experts working on it. We're also
working with a task force with the State Fire Marshall and getting their input because they are doing
something similar. The State has significantly reduced the scope of the kinds of requirements that
they were going to impose. They started out with some pretty grand ideas of all the things they were
going to address and it has gotten whittled down over time. Now there are only a couple of items in
this Phase I. They are experiencing some difficulties with Phase II. We have insights into what is
going on at the State level as well and I avail myself with the research that they've done so that when
it comes back here we can hopefully put together a much better justification package.
The City Clerk's Office has been working with a newly -hired City Attorney to consolidate some
aspects of the Municipal Code. One of the areas they're looking at is Boards and Commissions, how
they're defined, where they're located. Right now when we do an Ordinance we include redefining the
Boards and Commissions in every one of the five or six different ordinances that we adopt. They are
proposing that we come up with uniform language and put it in the front of the book and then when
we do these individual ordinances, we just make reference to it. There may be some issues about
scope, but we haven't gotten into that discussion yet. At this point it is basically clean up language,
making the book a little smaller, a little easier to follow and a little easier to change in the future. That
way you don't have to worry about the same language being duplicated in five, six or seven places.
New Code Enforcement Manager, Doug Leeper, was introduced to Board Members. (He was a
firefighter and later a police officer (Riverside) over the course of 9-10 years; worked in Code
June 13, 2005
Board of Appeals and Advisors
Page Four
Enforcement (San Bernardino) for 9 years; Code Enforcement (City of Riverside) for 14 months)
We also hired a Senior Planner to work exclusively on Code Enforcement. Also, the City Attorney's
ing
Office has hired an making
significant
ficant nroads into o work exclusively
some areas CodeEnforcement
hae been nviolation for some tgram. We're ime.
the corner and makng s g
The City Clerk's Office is actively recruiting for new members to replace the two who are leaving this
Board. Anyone interested should submit an application to the City Clerk's Office. The background of
a construction type such as engineering, architecture, contractor, electrical, plumbing/mechanical,
while encouraged, is not essential.
An Access Appeals Board may be resurrected. We have that on the books, but have not been able to
fill it with members yet. It would handle complaints that deal with accessibility, i.e. ADA, Title 24.
Three of the five -member board need to be individuals with a disability.
6. COMMUNICATIONS (PUBLIC REMARKS/WRITTEN CORRESPONDENCE): None
7. ADJOURNMENT: Chairman Romo adjourned the meeting at 6:12 p.m. to a regular meeting
on July 11, 2005.
BRAD REMP, C.B.O./
ASST. DIR. OPLANNING
OFFICIAL
SECRETARYTOTHE BOARD OF APPEALS i AND GADVISORS
n
MINUTES TAKEN BY:
JUDI BELL
SECRETARY
PLANNING & BUILDING DEPARTMENT
(J:\ Board of Appeals & Advisors FY 2004-2005\06.13.2005m.doc)