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HomeMy WebLinkAbout1995/01/16 Board of Appeals & Advisors Minutes MINUTES OF A REGULAR MEETING �- BOARD OF APPEALS AND ADVISORS CITY OF CHULA VISTA, CALIFORNIA January 16, 1995 Conference Room No. 1 5:15 P.M. MEMBERS PRESENT: Chairman Gingerich,Vice-Chairman Triplette,Board Members Coleman, Compton, Puzon and Harter MEMBERS ABSENT: Board Member Fabrick CITY STAFF PRESENT: Director of Building & Housing Larsen, Assistant Director of Building & Housing Remp and Administrative Secretary Uybungco CALL MEETING TO ORDER: Chairman Gingerich called the meeting to order at 5:16 p.m. ROLL CALL: Members'present constituted a`quorum. 1. DECLARATION OF EXCUSED/UNEXCUSED ABSENTEEISM: Chairman Gingerich informed the Board that contact has been made with staff regarding Board Member Fabrick's absence. MSUC Gingerich/Puzon (6-0) to excuse the absence of Board Member Fabrick. 2. APPROVAL OF MINUTES: MSUC Compton/Puzon(6-0)to approve the minutes of December 12, 1994. 3. NEW BUSINESS: None 4. CHAIRMAN'S COMMENTS/REPORT: A. B/C/C Workshop- Chairman Gingerich reminded the Members of the B/C/C Workshop, scheduled for Thursday, January 26, 1995 at 6:00 p.m. in the Council Chambers. Attendance of this Workshop is not mandatory, but is recommended for the Chair of B/C/C's and all new members. B. Status of Access Appeals Board - Four applications have been received by the City Clerk's Office. The Board may be established with a minimum of three members (as a quorum). C. Relocation of Board Member Puzon-The Department has received a response from the City Attorney's Office regarding whether Board Member Puzon could remain on the Board if he relocated outside of Chula Vista. The proposed relocation would disqualify his participation. Chairman Gingerich advised Mr. Puzon that he is more than welcome to reapply upon return to the area. Board of Appeals&Advisors -2- January 16, 1995 5. DIRECTOR'S COMMENTS/REPORT: A. Staff Report Addressing the Issue of Separation Between the Channelside Shopping Center and the Adjacent Drainage Trench. Director of Building and Housing Larsen summarized the events of the December 12th Meeting. Dialogue occurred regarding the Channelside Shopping Center(WalMart). The FEMA Flood Maps still shows that the area is designated as a flood zone, even with the completion of the flood channel. The Board, at its last meeting, authorized to waive the flood proofing requirements based upon evidence that flood zone has been mitigated. At the last meeting, Board Member Harter had brought up concern of access into the drainage channel. Staff has received response back from the City Engineer (report dist(buted). Staff is recommending the planting of shrubbery along the trench to deter entry in the channel. Staff recommended the Board to endorse this option. Board Member Harter stated that he still had concerns that children and vagrants could still bypass the shrubbery. Board Member Harter also stated that the request that came before the Board in 1992 for an adjacent property addressed expansion of the box culvert westerly. Vice-Chair Triplette stated that he had visited the site. Vice-Chair Triplette sought clarification of whether Board Member Harter is proposing a box culvert behind this property. w� Board Member Harter responded that it is understood that the box culvert expansion may not intrude on open space. Board Member Compton stated that dependent upon the shrubbery planted,some would be sufficient to deter entry to the drainage channel. Director of Building and Housing Larsen stated that the proposal for placement of shrubbery by Engineering is supported by Building and Housing. Due to the tide flux,a full box culvert cannot be extended. Permits for the WalMart Store are anticipated to be pulled in March. Chairman Gingerich stated that since it is an issue staff is fully aware of, he does not see the need for the Board to get to involved with the details. Chairman Gingerich advised staff to fully apprise the Inspection staff of the project and to keep an eye on this issue. Director of Building and Housing Larsen informed the Board that a Landscape Plan will be review by the City's Landscape Architect;the plan will be provided to the Board as an information item upon approval. Board Member Puzon questioned who will be responsible for maintaining the shrubs. Board Member Coleman recommended acceptance of staffs report and to defer the item to staff to follow-up as appropriate. An unanimous agreement was reached to support staffs recommendation. Board of Appeals&Advisors -3- January 16, 1995 • 6. COMMUNICATIONS (PUBLIC REMARKS/WRITTEN CORRESPONDENCE): A. Board Member Compton inquired as to the status of the revised Inoperable Vehicles Procedures. Assistant Director of Building and Housing Remp responded that the current procedure dictate appeals to go before the City Council. During the review of current tools for Code Enforcement, staff recognized several other tools available. Staff is exploring different avenues of enforcement at this time. The Inoperable Vehicle Procedure revision will become a part of a comprehensive packet currently under review by the City Attorney and the Departmpnt of Building and Housing. The proposed changes will require modifications to current Ordinances and/or the Master Fee Schedule. Board Member Harter would like to see separation of Ordinance change and steps for enforcement. Board Member Compton raised concern of whether the new procedure will afford due process/appeal right to the alleged violator. Assistant Director of Building and Housing Remp replied that all parties involved will • receive notice and will be afforded the opportunity to appeal from the Code Enforcement Officer's order. Administrative Citations issued may go before a Hearing Officer, so that the Board would not be bogged down with routine issues. Nuisance issues would be proposed to go before the Board rather than the City Council. 7. ADJOURNMENT: Chairman Gingerich adjourned the meeting at 5:51 p.m. to the next regular meeting scheduled for February 13, 1995. KENNETH G. LARSEN, C.B.O. DIRECTOR OF BUILDING AND HOUSING SECRETARY TO THE BOARD OF APPEALS AND ADVISORS YEELIN UYBU GCO ADMINISTRATIVE SECRETARY DEPARTMENT OF BUILDING AND HOUSING 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 accommodation to access,attend and/or participate in a City meeting,activity,or service,request such accommodation at least forty- eight(48)hours in advance for meetings and five(5)days for scheduled schedules and activities. Please contact Yeelin Uybungco, • Administrative 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.