HomeMy WebLinkAboutBuilding Board of Appeals Minutes 11-12-13MINUTES
SPECIAL MEETING
TUSTIN BUILDING BOARD OF APPEALS
NOVEMBER 12, 2013
6:05 p.m. CALL TO ORDER
ROLL CALL:
Present: Board Members: Kozak, Thompson, Altowaiji,
Lumbard and Smith
Staff Present Elizabeth A. Binsack, Director of Community Development
Lois Bobak, Assistant City Attorney
Dana L. Ogdon, Assistant Director of Community Development
Justina Willkom, Assistant Director of Community Development
Dennis McCreary, Deputy Building Official
Amy Stonich, Senior Planner
Adrianne DiLeva- Johnson, Senior Management Assistant
Vera Tiscareno, Executive Secretary
None
None
PUBLIC CONCERNS
CONSENT CALENDAR
HEARING:
1. BUILDING BOARD OF APPEALS PROCESS.
The purpose of this presentation is to familiarize the
Planning Commission in their role as the Building Board
of Appeals. The members of the Planning Commission
hold membership on the Board of Appeals concurrently
with their terms of service as Planning Commissioners
(Ord. No. 1428). In this role, the Commission will act as
the appeal hearing body for consideration of any appeal
of a determination of the Building Official.
The presentation will provide:
A. a brief description of the composition and purpose of
the Board of Appeals and of the Planning
Commission as the appeal hearing body;
B. the scope of authority to affirm, reverse, or modify
appealable items in their respective roles; and
C. the hearing procedures for appeal.
Building Board of Appeals Minutes - November 12, 2013 — Page 1
RECOMMENDATION:
Receive and file.
Binsack Gave a presentation of both Items 1 and 2 due to the
similarity in nature.
Kozak Requested the Board recommend an action of the
resolution adoption at the close of the meeting.
Binsack The presentation generally included: the purpose of the
Board of Appeals; Procedures and Process of the Board;
adoption of Rules and Procedures for conducting
business; meeting occurrences; Building Official's and /or
staff member's duties with regards to appeals; minimum
requirements of Tustin City Codes (basic standard).
2. BUILDING BOARD OF APPEALS PROCEDURES FOR
CONDUCTING BUSINESS.
Pursuant to State law, as subsequently adopted by the
City of Tustin, the Board of Appeals must adopt rules and
procedures for conducting its business. Board Rules and
Procedures ( "Rules and Procedures ") have been
prepared for consideration by the Tustin Building Board
of Appeals for adoption for conducting its business in
hearing appeals of a decision or order of the Building
Official. The Rules and Procedures set forth general
regulations as to the process, including:
• The organization of the Board;
• The application, including deadlines for submittal;
• The rules, effect, and scope and order of appeal;
• Order of procedures;
• Rules of evidence;
• Conduct of the hearing;
• Record keeping and reporting; and
• Disposition of appeal.
RECOMMENDATION:
Adopt Resolution No. 4236 for Building Board of Appeals
procedures for conducting business.
Binsack Presentation was given.
Discussion generally included: alternative
methods /requirements and means being requested on an
Building Board of Appeals Minutes - November 12, 2013 — Page 2
appeal; appointment of a Board examiner or an officer to
conduct the hearing, gather the facts and make a report to
the Board; the City's contract list of examiners and officers;
differences of the Planning Commission role vs. the Board
role; the roles and responsibilities of the Building Official
(acting as the Secretary) and the Community
Development Director (acting as Administrator) for the
Board.
Kozak Commented on the staffing pattern serving in the
capacity of the BOA and the liability to the City.
Altowaiji Referred to the Rules and Procedures, Article I, Office of
the Board section and requested clarification on "who"
would inspect buildings (Director of Community
Development or inspector).
Bobak Provided explanation of the Building Official's role and
responsibility noted.
It would be somebody under the direction of the Director
and /or the Building Official to inspect. The Director is
likely to use discretion to determine the best fit (i.e.
knowledge and expertise to carry out whatever the
particular inspection consists of) for the task. These
procedures also apply to housing code, electrical issues,
etc.
Binsack The City would possibly hire an outside source to do the
inspection depending on the scenario (i.e. drainage,
water quality, boarding situations, fire). The range is too
significant for one type of inspector.
Altowaiji Would like the wording to be changed to "expert in the
field" instead of "Director" in Article I of the Rules and
Procedures.
Bobak If "expert" is stated, then the City must establish the
person is in fact an "expert" in that particular field.
Thompson Suggested minor revisions be made to the Rules and
Procedures which were made available to the Planning
Commission (the content did not change).
Binsack Overview of the Tustin City Code — each has an appeal
section — which identifies limitations the Board has and
identifies Rules and Regulations.
Smith Requested more clarification regarding the role of the
Building Board of Appeals Minutes - November 12, 2013 — Page 3
hearing officer and the order of procedures.
Bobak Stated the Board's role would be to appoint a hearing
officer and to review the recommendations of the hearing
officer only. Not intended to be a full hearing whereas all
evidence is taken. If the Board does not appoint a
hearing officer, the Board handles all swearing in,
reviews the evidence, and makes determinations. The
actual administrative hearing would be conducted by the
Board.
Lumbard Commented on Article 3 Section B — Hearing Officer or
Examiner.
Altowaiji / Smith Commented on Article 2, page 2 — Scheduling and
Noticing — 10 calendar days if being red - tagged (an issue
of structural concern).
Bobak Provided explanation and clarification with regard to the
"10 calendar days" statement included in the Rules and
Procedures (i.e. appeal must be filed during this
timeframe, not the hearing). Uniform Housing Code
states 30 days unless there is an issue, then 10 days.
This helps protect the surrounding properties.
Motion: Kozak requested there be one motion for both items:
Receive and file and the action for the Resolution
adoption. It was moved by Kozak to receive and file, and
to adopt Resolution No. 4236. Seconded by Thompson.
Motion carried. 5 -0
ADJOURNMENT:
The next special meeting of the Building Board of Appeals will be
held when items are set for hearing.
/8TEVUOZAK
Chairperson
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SCOTT FAZEKAS
Building Board of Appeals Secretary
Building Board of Appeals Minutes - November 12, 2013 — Page 4