HomeMy WebLinkAbout1996/07/15 Board of Appeals & Advisors Minutes
MINUTES OF A REGULAR MEETING
BOARD OF APPEALS AND ADVISORS
CITY OF CHULA VISTA, CALIFORNIA
July 15, 1996 Conference Room No. 1 5:15 p.m.
MEMBERS PRESENT: Chairman Triplette, Vice-Chairman Gingerich, Board
Members Compton, Fabrick and Puzon
MEMBERS ABSENT: Board Member Harter
CITY STAFF PRESENT: Director of Building & Housing Larsen and Administrative
Secretary Uybungco
CALL MEETING TO ORDER: Chairman Triplette called the meeting to order at 5:17 p.m.
ROLL CALL: Members present constituted a quorum.
1. DECLARATION OF EXCUSED/UNEXCUSED ABSENTEEISM:
Board Member Harter notified staff of his absence due to a conflict of his work
schedule.
MSUC Gingerich/Puzon (5-0) to approve the absence of Board Member Harter.
2. APPROVAL OF MINUTES: MSC Fabrick/Compton (4-0-1) (Gingerich abstained) to
approve the minutes of June 10, 1996.
3. NEW BUSINESS:
A. 3010 North Second Avenue, Chula Vista (Sweetwater Authority) - Exemption to
Floodplain Development Requirements; Chula Vista Municipal Code, Section
18.54.100
Director of Building and Housing Larsen introduced the item as contained
within the packet. Jim Smythe, Chief Engineer and Hector Martinez, Senior
Engineer with Sweetwater Authority were in attendance to present the
Application of Appeals and to answer questions.
Director Larsen pointed out to the Board that in accordance to Section
18.54.100 of the Chula Vista Municipal Code, the Board of Appeals and
Advisors is the only body with the authority to grant exemptions to the
Floodplain Map. Director Larsen reminded the Board of a similar appeal
(Channelside Shopping Center - WalMart) several years ago.
Board of Appeals & Advisors -2- July 15, 1996
Mr. Smythe informed the Board that Sweetwater Authority is proposing to use
local water to supply to Chula Vista, National City and Bonita. The site was
selected due to the location of the river. On behalf of Sweetwater Authority,
Mr. Smythe is requesting a waiver to the requirement of construction of the
building pad above the 100-year flood plain elevation.
Board Member Fabrick expressed concerns regarding the purity of the run-off
water from the river.
Mr. Smythe reassured the Board that all Health Department requirements will
be met. The water will be processed through a reverse osmosis system.
Vice-Chairman Gingerich inquired about the time table for the project.
Mr. Smythe explained that the project will be separated into three phases. The
first phase will be the placement of the pipelines; the second will be the
placement of the wells; and the third will be the construction of the
demineralization plant. The first two phases should be completed by the latter
part of this year or early next year. The construction of the demineralization
plant will begin in approximately one year and will take approximately eight
months to complete.
Chairman Triplette stated that the approval from the Army Corp of Engineers
was not contained within the packet.
Director Larsen informed the Board that the Army Corp of Engineers is not a
regulatory agency. The Corp passes revised maps to the Federal Emergency
Management Association (FEMA), then FEMA produces the Flood Insurance
Rate Maps (FIRM). At that point, the City or County will evaluate the A, B or
C levels established and will regulate accordingly.
Chairman Triplette further inquired as to the status of the revised FIRM for this
location.
Director Larsen stated that liens have been placed against the property; until
the liens are satisfied, the map will not be completed.
Vice-Chairman Gingerich asked what types of barrier will be built by Interstate
5 to prevent flow of the salt water from going into the river.
Mr. Smythe explained that injection wells will be created as barriers. When
higher quality water is pumped into the wells, it will prevent the sea water from
intruding. Sweetwater Authority will pump at approximately 100 feet below
surface and not pump surface water for processing.
Board of Appeals & Advisors -3- July 15, 1996
MSUC Compton/Gingerich (5-0) to approve the request to waive the
requirement to construct a building pad above the 10o-year flood plain
elevation as recommended by staff.
4. CHAIRMAN'S COMMENTS/REPORT:
A. Chairman Triplette informed the Board that Mr. Coleman's first term has
expired and that Mr. Coleman did not wish to be appointed to a second term.
Mr. Triplette expressed regrets of losing Mr. Coleman as a member of the
Board.
Director Larsen concurred with Chairman Triplette that Mr. Coleman was an
asset to the Board. Director Larsen requested Members to refer individuals
interested in applying for the position to contact the City Clerk's Office.
B. Chairman Triplette also informed the Board that he was recently appointed to
a second term on the Board, which will expire on June 30, 2000.
C. Chairman Triplette stated that he will be on vacation and will not be able to
attend the next regularly scheduled meeting of August 12, 1996.
5 CHAIRMAN'S COMMENTS/REPORT:
A. Rental Housing Inspection Fee Program Report
Director Larsen informed the Board that the Department currently has an
Apartment Inspection Program for 3+ units. The original intent of the program
was to perform inspections on an annual basis. However, due to staffing levels
and other factors, inspections are being performed on a five to seven year
cycle. Staff raised concerns with non-owner occupied residences at it relates
to Code Enforcement several years ago. The issue was raised again during
the last budget cycle. Approximately 67 percent of complaints received by the
Department relates to non-owner occupied structure (single family dwellings
and duplexes). Council adopted the Rental Housing Inspection Fee Program
for Single Family Dwellings and Duplexes and has authorized staff to modify
current property maintenance ordinances to implement the program.
Director Larsen informed the Board that he had the opportunity to present the
program to the Southwest Board of Realtors and will be working with the Board
of Realtors and the Chamber of Commerce. The proposed inspection fee is
$52 for a single family dwelling and $35 per unit/$70 per duplex. This fee is
consistent with the cities of San Diego and National City. The fee is an
inspection fee and not a business license tax. Revenue collected will allow for
an additional Code Enforcement Officer to provide the inspections and funds
Board of Appeals & Advisors -4- July 15, 1996
to resurrect the Community Appearance Program.
Feedback from the Board of Realtors was that the City would be penalizing
individuals who may not be able to afford the fees. Exemptions for
consideration are as follows:
1) Rental to family members (parents, son, daughter, etc.);
2) Military transfers; or,
3) Negative amortization (will build factor in if rent is less than the
mortgage due).
Board Member Compton stated that he can understand staff's position;
however, many people do not want to have rental property but just cannot sell
their homes because of the market (upside down sale). Mr. Compton stated
that perhaps another method of enforcing City ordinances may be considered
rather than imposing a fee. Property management companies would benefit
if the City could provide tools for enforcing some of the ordinances.
Director Larsen requested clarification of Mr. Compton's statement and inquired
whether Mr. Compton was suggesting a tier rate; one for property managed
by a company and another not managed.
Mr. Compton further stated that for condominium projects, the Homeowners
Association may be give some authority to enforce certain situations, without
having to go between the tenant and the court.
Director Larsen informed the Board that staff will be taking the proposed
ordinance changes to the City Council by the latter part of the September.
B. Sears Remodel (555 Broadway)
At last month's meeting, Director Larsen informed the Board that the
Department was awaiting an Application of Appeals from the architect for the
Sears proposed remodel. The Department has since been notified by the
architect that Sears is delaying the project for at least the balance of the
calendar year.
6. COMMUNICATIONS (PUBLIC REMARKS/WRITTEN CORRESPONDENCE): None
7. ADJOURNMENT: Chairman Triplette adjourned the meeting at 6: 18 p.m. to the next
regular meeting scheduled for August 12, 1996.
Board of Appeals & Advisors -5- July 15, 1996
~/-~.
ENNETH G. LARSEN, C.B.O.
DIRECTOR OF BUilDING AND HOUSING
SECRETARY TO THE BOARD OF APPEALS AND ADVISORS
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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) 565-5647. Califomia Relay Service is also available for
the hearing impaired.
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