HomeMy WebLinkAboutActions Memo BBOA 1-28-14Inter -Com
DATE: JANUARY 30, 2014
TUSTIN
via
TO: DI TRI UTION """""
HONORING RONORINC OII0. FAST
FROM: ETH A. BINSACK, DIRECTOR OF COMMUNITY DEVELOPMENT
SUBJECT: ACTIONS: SPECIAL CLOSED SESSION MEETING / SPECIAL MEETING,
BUILDING BOARD OF APPEALS, JANUARY 28, 2014 — Information Only
TUSTIN
The members of the Planning Commission hold membership on the Board of Appeals
concurrently with their terms of service as Planning Commissioners. The purpose of the
Board of Appeals is to hear and decide appeals of orders, decisions, or determinations
made by the Building Official relative to the application and interpretations of the
technical codes (i.e. the California Building Standards Code, Related Model Codes with
appendices, Uniform Code for the Abatement of Dangerous Buildings, Uniform Housing
Code, etc.). Unlike decisions of the Planning Commission, decisions and orders of the
Board are not appealable and are immediately final and binding.
On January 28, 2014, the Building Board of Appeals took the following actions:
Agenda Item
Action
Vote
Per L. Bobak, no recordable action taken at the Closed Session.
None taken.
1. Approval of minutes — January 14 2014 Building Board of
Approved, as amended, the
Minutes of the January 14, 2014
5 -0
Appeals
meeting as provided. (Attached).
RECOMMENDATION:
That the Board approve the minutes of the November 12,
2013 meeting as provided.
2. Appeal of School Fee Calculation — The Irvine Company
Approved Resolution No. 4251 as
provided. (Unsigned copy attached.)
4 -1'
On October 22, 2013, the Tustin Building Official forwarded
correspondence to The Irvine Company with a determination
concerning the City of Tustin's interpretation of Government
Code Section 65995(b)(1). Specifically in question is the
interpretation of the term "Assessable Space" and the
Building Division's standard practice in calculating a
building's square footage for the purpose of determining
required school fees. On November 21, 2013, The Irvine
Company filed an appeal of this determination.
Building Board of Appeals 1 -28 -14
Page 2
Agenda Item
Action
Vote
RECOMMENDATION:
That the Board adopt Resolution No. 4251, finding that the
California Building Code does not apply for determination of
the exemptions for the term "assessable space" as identified
in the Government Code and that the Board has no
jurisdiction other than determining the applicability of the
Building Code (referring to determining what the area or
perimeter of the building would be). Appeal of TIC would be
remanded to the Building Official for a determination of
exemptions from "Assessable Space" for the Legacy Villas
project at 16000 Legacy Road in a manner consistent with
this Resolution.
'Board Member Lumbard dissented.
Please contact me at 714 - 573 -3031 if you have any questions regarding this matter.
Distribution: Tustin City Council
Board of Appeals
City Manager
City Clerk Services Supervisor
City Attorney