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HomeMy WebLinkAbout1995/08/21 Board of Appeals & Advisors Minutes MINUTES OF A REGULAR MEETING BOARD OF APPEALS AND ADVISORS CITY OF CHULA VISTA, CALIFORNIA August 21, 1995 Conference Room No. 2 5:15 p.m. MEMBERS PRESENT: Chairman Triplette, Vice-Chairman Gingerich, Board Members Coleman, Compton, Harter, Fabrick and Puzon MEMBERS ABSENT: None CITY STAFF PRESENT: Assistant Director of Building & Housing Remp and Administrative Secretary Uybungco CALL MEETING TO ORDER: Chairman Triplette called the meeting to order at 5:16 p.m. ROLL CALL: Members present constituted a quorum. 1. DECLARATION OF EXCUSED/UNEXCUSED ABSENTEEISM: N/A 2. APPROVAL OF MINUTES: A. Regular Meeting of June 12, 1995 - MSC Gingerich/Harter (Compton abstained/Coleman arrived late) (5-0-2) to approve the minutes of June 12, 1995. B. Regular Meeting of March 13, 1995 - MSC GingerichlPuzon (Harter abstained/Coleman arrived late) (5-0-2) to approve the minutes of March 13, 1995. 3. NEW BUSINESS: A. Adoption of the 1994 Model Codes (Uniform Building Code, Uniform Housing Code, Uniform Mechanical Code, Uniform Plumbing Code, Uniform Code for the Abatement of Dangerous Buildings and National Electrical Code): Chairman Triplette opened the floor for discussion of the adoption of the above referenced codes. Board of Appeals & Advisors -2- August 21, 1995 Board Member Harter questioned whether the Chairman intended on adoption the codes collectively or individually. MSUC Triplette/Gingerich (7-0) agreed to consider each code individually. 1) Uniform Buildina Code: Vice-Chairman Gingerich questioned why various sections of the ordinance was proposed to be deleted. Assistant Director of Building and Housing Remp explained to the Board that while it may seem as if sections are being deleted, it is just an effort to streamline the ordinance due to the language already being contained in the Code. Board Member Harter inquired why lighting installation required permits. Mr. Remp replied that the Department received numerous complaints on excessive lighting and the permit requirement will allow the City to provide criteria to the applicant prior to installation. Chairman Triplette questioned why Page 7, Section 4407(e) was deleted. Mr. Remp replied that it was old language and that the requirement is currently being enforced by OSHA. Chairman Triplette stated that he was pleased to see the addition of fuel dispensing stations providing access to public restrooms for customers. MSUC Harter/Gingerich (7-0) to approve the adoption of the 1994 Edition of the Uniform Building Code as presented by staff. 2} Uniform Housina Code: Board Member Compton expressed concerns on the annual housing permit. He further stated that properties are currently being inspected by various other agencies and the cost and inspection of the housing permit requirement is redundant. Board of Appeals & Advisors -3- August 21, 1995 Mr. Remp clarified that the language presented with the double underline was proposed new language and language without the underline was current language. The City is not imposing new housing permit fees, but in fact it has been a requirement for many years. In response to the redundancy of inspections, the Department has made efforts to consolidate inspections with the Fire Department. Also, inspections are not performed annually; it is being conducted on a five to seven year cycle. Board Member Harter commented that the local jurisdictions should consolidate with the County program and therefore all follow the same set of guidelines. Mr. Remp replied that in theory, the Uniform Housing Code is the minimum guidelines adopted by all jurisdictions, including the State. Assistant Director of Building and Housing Remp further informed the Board that the only item being added is the proposal to authorize the creation of a demolition fund. The fund is intended to be used for abating nuisances on properties. With the Board endorsement, the Department will be seeking Council's approval to establish the fund with a one-time appropriation. The fund will be a revolving, reimbursed to the City by payment from property owners and/or lien assessments. Board Member Compton inquired whether this fund would be similar to the City of San Diego's weed abatement program. Mr. Remp stated that it follows the same principle, but applies to buildings. Mr. Compton further inquired whether due process was afforded the property owners. Mr. Remp replied that Board of Appeals and Advisors is the appellant body to hear these cases. MSUC Gingerich/Compton (7-0) to approve the adoption of the 1994 Edition of the Uniform Housing Code as presented by staff. 3) Uniform Mechanical Code: No questions were raised by the Board. Board of Appeals & Advisors -4- August 21, 1995 MSUC Harter/Gingerich (7-0) to approve the adoption of the 1994 Edition of the Uniform Mechanical Code as presented by staff. 4) Uniform Plumb in a Code: Board Member Harter questioned Page 1, Section 15.28.040 regarding the investigation fees for emergency work. Mr. Harter inquired what would happen if the emergency work needed to be performed immediately. Assistant Director of Building and Housing Remp stated that the permit may be obtained after the work is completed. Board Member Compton questioned whether the City restricted higher standards. Mr. Compton further stated that it is very time consuming to have to apply for a permit for such minor work. Vice-Chairman Gingerich stated that he recalled the City issuing Minor Plumbing Permits in the past, where a contractor may purchase a booklet of permits in advance and utilized them as necessary, without having to apply for each permit individually. Mr. Remp informed the Board that the comments were well taken and in fact staff has an item under the Director's Comments on "Permits by Fax". Mr. Remp informed the Board that the program will be addressed later in the meeting. Mr. Remp also stated that due to computerization, the reporting mechanisms have changed and permits cannot be left in limbo. MSUC Gingerich/Harter (7-0) to approve the adoption of the 1994 Edition of the Uniform Plumbing Code as presented by staff. 5) Uniform Code for the Abatement of Danaerous Buildinas: Assistant Director of Building and Housing Remp informed the Board that the proposed ordinance contained all new language. Upon conversations with the City Attorney's Office, the Department decided to formally adopt this code. The Board of Appeals and Advisors will act as the appellant body for appeals of the procedures contained within the code; the Board's decision will be final. Board of Appeals & Advisors -5- August 21, 1995 Board Member Compton questioned whether the individuals were sworn in during testimony. Mr. Remp replied, yes. The hearings are in quasi judicial forum. Gingerich/Compton (7-0) to approve the adoption of the 1994 Edition of the Uniform Code for the Abatement of Dangerous Buildings as presented by staff. 6) National Electrical Code: Assistant Director of Building and Housing Remp explained to the Board that there are a lot of striko out's on this proposed ordinance. The strike out's are due to the fact that the Department is proposing the adoption of the Administrative Section of the National Electrical Code (Uniform Administrative Code Provisions of the National Electrical Code). In the past, the Department has written our own, with similar language. Gingerich/Harter (7-0) to approve the adoption of the 1993 Edition of the National Electrical Code as presented by staff. 7) Uniform Fire Code: Assistant Director of Building and Housing Remp advised the Board that this item was not listed on the Agenda, therefore the Board cannot take action on this item at this meeting. However, if any members have any questions or concerns, staff will relay the issues to the Fire Marshal and obtain a response prior to the next meeting. B. Ordinance Amendment - Chula Vista Municipal Code, Chapter 10.80 _ Abandoned Vehicles: Assistant Director of Building and Housing Remp explained to the Board that only two changes are being proposed: 1) Designating the Board of Appeals and Advisors as the final appellant body in lieu of the City Council; and 2) Switching the requirement of notices to be sent by "Certified Mail" from "Registered Mail". The change of appellant bodies will remove the burden from the City Council and the switch to Certified Mail is estimated to save the Department approximately $600 annually in postage. Board of Appeals & Advisors -6- August 21, 1995 Board Member Harter sought clarification of the terms "parts of a vehicle". He questioned if a spare tire was left on this front yard would the City have the authority to remove the tire. Mr. Remp explained that there are two steps for appealing. The first being heard before the Director of Building and Housing (Building Official) and the second to the Board of Appeals and Advisors. Mr. Harter further expressed concerns about restrictions imposed on people who collect classic cars. Mr. Remp stated that vehicles may be stored in either an enclosed structure or behind a six foot (6') high solid structures. Mr. Remp further stated that it appeared staff has failed to include the 6' high solid structure exemption on the ordinance. Board Member Compton concurred with comments provided by Mr. Harter and suggested a definition be added to identify the difference between classic car collecting and maintaining a junk yard. Mr. Remp stated again that is the reason there is two levels of appeals. MSUC Harter/Fabrick (7-0) to refer this item back to staff for further research on Section 10.80.030 - Exemptions. C. Ordinance Amendment - Chula Vista Municipal Code, Sections 15.08.050, 15.16.050, 15.24.060 and 15.28.050 - Suspending Investigation Fees. Assistant Director of Building and Housing Remp explained the intent of the ordinance amendment is to grant the opportunity for homeowners to legalize structures built without permits, to the extend we can observe the work, To qualify for the program, construction must have been commenced at least six months prior to the implementation of the program. The program will run for six months (tentatively targeted for October 1, 1995 to April 1, 1996). Vice-Chairman Gingerich inquired what kind of exposure is anticipated for the program. Mr. Remp stated the City will advertise through the local newspapers. Also exposure will be gained by the City of San Diego and County of San Diego's programs (which is scheduled to occur at the same time). Board of Appeals & Advisors -7- August 21, 1995 Board Member Compton suggested staff to notify the Board of Realtors. MSUC Gingerich/Harter (7-0) to approve the Ordinance Amendments on Suspending Investigation Fees as presented by staff. 4. CHAIRMAN'S COMMENTS/REPORT: None 5. DIRECTOR'S COMMENTS/REPORT: A. Status Update - Permits by Fax Program The Department of Building and Housing is proposing a "Permits by Fax" Program in order to streamline our process as well as save time for our customers. Contractors who conduct a lot of business with the City would have the opportunity to pull permits by fax with the City charging for the permit fees from a deposit account established by the Contractor. The Contractor will no longer need to send a representative to the City and pull the permits. The deposit accounts will be monitored by staff and the Contractors will be notify when funds are diminishing. Eventually, the City will move into the arena of accepting payments by credit cards. At this time, however, we cannot accept credit card payments due to the 5.5% charge by the financial institutes. State law currently prohibits the City from passing along this cost to the customers. Therefore, the cost will have to be a budgeted item. As part of this program, staff will go before the City Council with a Resolution to authorize the acceptance of a facsimile signature for issuance of permits. MSUC Gingerich/Harter (7-0) to endorse staff's efforts to the "Permits by Fax" Program. B. Assistant Director of Building and Housing Remp informed the Board that the next regularly scheduled meeting of September 11, 1995 is in conflict with the Code Development and Education Conference of the International Conference of Building Officials, which will be attended also by Chairman Triplette. Staff requested the Board's approval to postpone the meeting to September 18, 1995. MSUC Fabrick/Harter (7-0) to postpone the next regularly scheduled meeting to September 18, 1995. Board of Appeals & Advisors -8- August 21, 1995 5. COMMUNICATIONS (PUBLIC REMARKS/WRITTEN CORRESPONDENCE): None 6. ADJOURNMENT: Chairman Triplette adjourned the meeting at 6:42 p.m. to the next regular meeting scheduled for September 18, 1995. KENNETH G. LARSEN, C.B.O. DIRECTOR OF BUILDING AND HOUSING SECRETARY TO THE BOARD OF APPEALS AND ADVISORS By~e~ ASSISTANT DIRECTOR OF BUILDING AND HOUSING ~/ ,~,L_ YEELlN U¢B ¡N~'¿({'¡Ú 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. /yu (B:IWP51Ioa21.5M)