Loading...
HomeMy WebLinkAbout01 BBOA MINUTS 04-11-24 IIIII IIIII llllll�ll�ll lull MINUTES TUSTIN BUILDING BOARD OF APPEALS MEETING APRI L 11, 2024 4:04 p.m. CALL TO ORDER: Justina L. Willkom, Community Development Director Given. PLEDGE OF ALLEGIANCE: Board Member Rhodes Willkom 1. BUILDING BOARD OF APPEALS ORGANIZATION: As a matter of standard procedure, the Building Board of Appeals must appoint a Chairperson and a Chairperson Pro Tem. RECOMMENDATION: That the Building Board of Appeals elect a Chairperson and a Chairperson Pro Tem pursuant to standard procedures. Willkom Willkom opened nominations for Chairperson. Motion: Rhodes nominated Brough as Chairperson. Seconded by Aguilera. Motion carried 5-0. Brough Brough opened nominations for Chairperson Pro Tem. Aguilera Aguilera nominated Rhodes as Chairperson Pro Tem. Seconded by Rhodes. Motion carried 5-0. All present. ROLL CALL: Chairperson Brough Chairperson Pro Tem Rhodes Board members Domer, Aguilera, Zavadil None. PUBLIC INPUT: None. CONSENT CALENDAR: None. PUBLIC HEARINGS: REGULAR BUSINESS: Training provided. 2. TRAINING FOR NEWLY APPOINTED BUILDING BOARD OF APPEALS Board training — examples of cases potentially considered by a building board of appeals was provided Minutes—Building Board of Appeal April 11, 2024—Page 1 of 5 Madjlessi Madjlessi provided a presentation to the Building Board of Appeals. The first example given was regarding ADUs approval per Tustin City Code and the California Building Standards Code. She also explained the entire process of plan submittal. Zavadil Zavadil asked about the exception of certain ADUs being allowed up to 20 feet, instead of the maximum height of 16 feet. Madjlessi Madjlessi explained that this was an exception to the rule, based on the Tustin City Code (TCC) at the time of submittal of the plans. Zavadil Zavadil asked if a permit being active for a year affects the approval of the plans based on the laws in effect at that time. Madjlessi Madjlessi explained that a permit is not issued until the plans are approved. Any future changes in law will not affect the approved plans or issued permit Zavadil Zavadil asked for clarification on what is mandated by the City versus the State. Willkom Willkom explained that the State regulates the height& and the setback& required for ADUs. The State also limits the power of the City to restrict the approval of ADUs. The City must issue the permit for an ADU within 60 days. Willkom stated that the City followed what is mandated by State law in regard to the setback of four feet. Brough Brough asked for clarification on who would be bringing the appeal to the Board in this instance. Madjlessi Madjlessi explained that the appeal for this ADU would be brought to the Board by the neighbors of the homeowner, not the homeowner themselves. She reminded the Board that this project has not been appealed at all, and that the project was used as an example of what could be brought up. Zavadil Zavadil asked if Planning staff would be involved during the appeal process, or if the appeal could only affect Building Codes. Madjlessi Madjlessi agreed that in this instance, the appeal would involve both Planning and Building codes, but the board would only consider the building Code appeal. Zoning Code appeals would go before the Planning Commission. Brough Brough asked for clarification regarding the setback distances required for different kinds of walls and what the different types meant. Madjlessi Madjlessi explained that the wall's fire-rating and total area of the windows affects the setback distance requirement. She explained that this ADU has Minutes—Building Board of Appeal April 11, 2024—Page 2 of 5 windows equaling less than 25 percent of the wall surface and the wall is one- hour fire-rated with exposure on both sides. Zavadil Zavadil asked how the plan checkers determined the fire-rating of the eaves. Madjlessi Madjlessi explained that the methods the contractor used in construction of the eaves allowed them to be rated one-hour of fire-rating. Brough Brough noted that the ADU was up to code, although the neighbors were understandably upset at having their backyard view being changed Madjlessi Madjlessi agreed. She informed the Board of a typographical error to one of the slides. The minimum wall setback distance should be 36 inches, not 24 inches. Brough In response to Madjlessi talking about alternative means and methods, Brough mentioned that a contractor cannot offer an alternative method in regard to a distance. If a project does not reach a minimum setback, the code is cut and dry for that. Madjlessi In response to Brough's comment, Madjlessi agreed and said that they cannot waive the language of the code. Madjlessi Madjlessi explained the deadline for appeals is 30 days after Building Official decision. Willkom Willkom explained that in that time, they will determine if the appeal is for Zoning Code or Building Code and if it should be appealed to Planning Commission or Building Board of Appeal. Zavadil Zavadil asked about historical buildings and how the ADU law affects the historical zones. He also asked for homeowners wanting to expand their homes, if there were extra factors, like its historical status, that may affect the Board's judgment. Willkom Willkom explained that the Zoning Code has rules and regulations for historical buildings. Madjlessi In response to Zavadil's previous question, Madjlessi explained that the Board's job is to verify that the Building Official is carrying out the code and has made a decision, not based on personal opinions or biases. Rhodes Rhodes asked if there was a special provision for trees and if the neighbor's tree was part of their complaint. Willkom Willkom confirmed that Tustin has an inventory of trees but does not have a code regarding the removal of trees. Minutes—Building Board of Appeal April 11, 2024—Page 3 of 5 Brough Brough agreed that the neighbor had a right to be upset because it affects their property and their enjoyment of it. Madjlessi Madjlessi explained that the Board must not take into account the appellant's feelings about how the code affected them but determine if the language of the code itself was applied properly. Madjlessi The second example presented to the board was on a wall that was not appealed, but the neighbors had a dispute over their property line and placement of a wall. Willkom Willkom explained that the age of the property affects the ability for the homeowner to find their property line. Newer homes have a marker, but older homes do not. Property line disputes normally only happen when homeowners do not like each other. When this happens, the city recommends they hire a licensed land surveyor who can find the property line for them. Rhodes Rhodes asked the Board's extent when the project is up to code, but the HOA does not approve. He asked if the HOA would then get involved. Willkom Willkom told Rhodes the City is not responsible for enforcing HOA laws, but the City can recommend the homeowner get HOA approval prior to beginning work. She reminded the Board that these examples were used to highlight interesting cases that may come up and to show them how they would be expected to determine the correct action moving forward. Brough Brough stated she feels it is important for the applicant to get a fair hearing and to be heard. She asked if the ruling must be a majority or unanimous. She then clarified that if they do not agree with the Board's decision and want to take it further, they would have to take it to the Superior Court. Madjlessi In response to Brough's question, Madjlessi confirmed that it must be a majority for the ruling to be approved. She also informed them that there will be a future training on Board procedures and that they would have to appeal to Superior Court if both parties do not agree. STAFF CONCERNS: Willkom Willkom thanked the Board for attending the training and the plan to meet quarterly or twice a year for trainings. The next meeting will likely be with the City Attorney to discuss the rules of the Brown Act. None. BOARDMEMBER CONCERNS- ADJOURNMENT- Minutes—Building Board of Appeal April 11, 2024—Page 4 of 5 5:01 p.m. The next public meeting for the Building Board of Appeals will be held when items are set for hearing. WENDYBROUGH Chairperson Mariam Madjlessi, P.E., CASp, Building Official Building Board of Appeals Secretary Minutes—Building Board of Appeal April 11, 2024—Page 5 of 5