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HomeMy WebLinkAbout12-06-2017 BFBA draft minutes - w changes in track changesCITY OF NEWPORT BEACH Building and Fire Board of Appeals Minutes Building and Fire Board Regular Meeting December 6, 2017 I.) CALL MEETING TO ORDER — The meeting was called to order at 3:00 p.m. II.) ROLL CALL Present: Jeannette, Sandland, Anderson, Luehrs (arrived at 3:03), Pulaski, Nour Absent: Elbettar, Cook PUBLIC COMMENTS Jim Mosher suggested abbreviations be spelled out in the minutes. Two charging stations in the parking structure replaced two accessible parking spaces utilized by Library patrons. The two charging stations should have been placed elsewhere. Community Development Director Jurjis reported "EMP" on page 2 of the minutes should have been "EMT." Board Member Nour added that Electric Metallic Tubing (EMT) is a lighter conduit than rigid conduit. W. R. Dildine remarked that the City of Newport Beach was the only City in the late 1960s to require EMT because of corrosion. He inquired about the approved method to extend window jams to the sill to allow water to escape. A flat fee should be required for windows, tankless water heaters, and heaters. The 2017 update to the City's Building Code became effective prior to adoption of the State Code, which is contrary to State law. Chair Jeannette recommended Mr. Dildine discuss window sills with the Building Official. In answer to Vice Chair Sandland's query, Community Development Director Jurjis advised that the Code requires a specific number of charging stations to be Americans with Disabilities Act (ADA) accessible, and the City is compliant. A person with the appropriate accessible permits may utilize an accessible charging station space even though his vehicle is not electric. Board Member Nour concurred. Board Member Nour commented regarding Title 24 and requirements for windows. Complying with Title 24 is very difficult, but the City is mandated to follow State guidelines. Community Development Director Jurjis explained that Chief Building Official Ghosn has to prioritize projects and work flow. City staff does their best to comply with all State requirements. IV.) APPROVAL OF MINUTES 1. Approval of October 18, 2016 Minutes Recommended Action: Approve minutes Motion by Vice Chair Sandland, seconded by Board Member Nour, to approve the Minutes of October 18, 2016, as presented. Page 1 of 5 In response to Chair Jeannette's queries, Community Development Director Jurjis reported staff had not presented an update to City fees to the City Council. The fee for a charging station permit remains at $100. There is a huge demand for charging stations; perhaps five or six permits are issued per day. Chief Building Official Ghosn advised that not all electric vehicle (EV) charging stations are required to submit plans. General contractors typically pull the permits. The Building Inspector determines whether electrical panels can support a charging station. Permit fees are revenue neutral in that they pay for staff time for an inspection. The Council will have to take action to reduce or eliminate permit fees. Chair Jeanette preferred a revenue -neutral fee over no fee. Board Member Nour indicated Southern California Edison promotes a separate meter for a charging station. Board Member Luehrs joined the meeting at 3:03 p.m. Chair Jeannette recalled Board Member Nour's suggestion for an expedited permitting process for solar projects. Chief Building Official Ghosn remarked that staff occasionally receives an online submittal, and staff processes it the same day. If the photovoltaic (PV) system exceeds 10 kilowatts, then staff checks additional details. Community Development Director Jurjis added that 95% of applications for EV charging stations and PVs are reviewed the day of submission. Staff consistently receives approximately 15 PV applications per month. The majority of PV projects are less than 10 kilowatts. The motion carried (5-0, 2 absent). AYES: Jeannette, Sandland, Luehrs, Pulaski, Nour NOES: ABSENT: Cook, Elbettar ABSTAIN: Motion by Vice Chair Sandland, seconded by Board Member Nour, and carried (5-0, 2 absent) to amend the Minutes of October 18, 2016, to correct "EMP" to "EMT" on page 2. AYES: Jeannette, Sandland, Luehrs, Pulaski, Nour NOES: ABSENT: Cook, Elbettar ABSTAIN: V.) NEW BUSINESS 2. Introduce Deputy Community Development Director/Chief Building Official, Samir Ghosn Recommended Action: No action required Chief Building Official Ghosn introduced himself by sharing his professional experience. Community Development Director Jurjis was pleased with Mr. Ghosn's promotion to Chief Building Official. Staff will continue providing great customer service and communication with the community and residents. Chair Jeannette thanked Community Development Director Jurjis for overseeing and following up on development projects during his tenure as Chief Building Official. Page 2 of 5 Board Member Nour shared that he was serving on the Board because of his introduction to Community Development Director Jurjis. Board Member Pulaski remarked that interactions with the City of Newport Beach are the smoothest of any city in the area. 3. Update on Fire Code Official & Organization Recommended Action: No action required Community Development Director Jurjis reported Chip Duncan was recently promoted to Fire Chief and became the Fire Code Official. Assistant Fire Chief Boyles is responsible for Fire Department operations and is involved in fire prevention. He works with Planning and Building staff to develop requirements before construction begins on a project. Assistant Fire Chief Boyles introduced himself. He is the conduit between technical expertise and operations. Chair Jeannette welcomed Assistant Fire Chief Boyles. Vice Chair Sandland referred to fire hydrants running dry in Ventura and asked if a similar situation existed in Newport Beach. Assistant Fire Chief Boyles explained that gravity is responsible for water pressure to fire hydrants, but generators can be used to increase water pressure. Vice Chair Sandland was more concerned about elevated areas of the City. In reply to Board Member Nour's question, Community Development Director Jurjis explained that fire engines can act as pumps. Assistant Fire Chief Boyles added that the City has water - dropping capabilities and water tenders that are used in areas without access to water. The water system does have some built-in redundancy to handle power outages. Staff from the Utilities Department could provide more details about redundancy measures. 4. Update on Accessibility Hardship Requests Recommended Action: No action required Community Development Director Jurjis reported the State requires the City to track hardship requests it grants for accessibility purposes. The City must track any building project that does not fully comply with ADA requirements or that requests a hardship. The City granted 17 accessibility hardship requests, the majority of which were valued at less than $100,000. The Code allows a technical infeasibility, which can be granted by the Building Official. If a project is valued at less than $150,000, the cost of upgrades required for the project is set at a maximum of 20% of the total project value. The intent is to require upgrades over time. Buildings subject to hardship requests are either in compliance or will be completely upgraded. The Board has the right to ratify any hardship above $150,000. Board Member Nour advised that the $150,000 amount is cumulative over three years. In reply to Board Member queries, Community Development Director Jurjis explained that the project listed with a value of $700,000 is an apartment building. Apartment buildings of a certain age are exempt from accessibility upgrades because they were permitted under a Code that did not require accessibility features. As part of the funding agreement with the City, the property owner had to provide accessible rooms. Staff noted the upgrade project as a technical infeasibility because the equity in the building did not justify a major remodeling project to Page 3 of 5 implement accessibility features. Staff rarely sees complaints driven by attorneys seeking settlement of ADA complaints. Staff typically receives complaints from elderly residents about handicap parking and landlord actions or inactions. If a Certified Access Specialist (CASp) has inspected the building and documented the necessary upgrades and the property owner is making upgrades, then a lawsuit is delayed. The State has formed a new agency for CASp. The City is obligated to hire CASp employees. A full-day inspection and a written report can cost $1,50042,000. The State is pushing for more CASp. The demand for CASp is not sufficient to incentivize individuals to take the exam. Chief Building Official Ghosn reviewed a tenant improvement with a technical infeasibility. The intent is to bring a building into compliance by increments. In answer to Chair Jeannette's inquiry, Community Development Director Jurjis explained the need for a roll -in shower. 5. Update on Projects Pending Recommended Action: No action required Community Development Director Jurjis reviewed the Koll project, which is subject to the Environmental Impact Report (EIR) process. Staff will present it to the Planning Commission on January 18, 2018. A seven -unit condominium project on Santa Ana Avenue is subject to review for a tentative tract map but not subject to environmental review. The Newport Crossings project proposes 350 residential units and some commercial space on a site where office buildings are currently located. A nine -unit condominium project off Santa Ana and Mesa Drive will be reviewed by staff and the Planning Commission for at tract map. An application for the Dunes Hotel was submitted to the City and will be subject to environmental review. The Balboa Theater project will be presented to the Planning Commission in January for a use permit. The owner will maintain the historic look and a theater component while upgrading the building for compliance with applicable codes. In answer to Board Members' inquiries, Community Development Director Jurjis advised that the owner wants the retail component to serve the cafe aspect of the Balboa Theater and plans to host special events. The Balboa Theater is exempt from parking requirements because it is considered of historical significance. Projects are required to provide guest parking at a rate of 1 parking space per 2 units. Community Development Director Jurjis continued reviewing projects. An application for the Newport Village project was submitted to the City and proposes 175 residential units, 111,000 square feet of office space, 129,000 square feet of retail, and 75 boat slips. This project will require an EIR. The buildings will be three-story with two or three underground levels and underground parking. In reply to questions, Community Development Director Jurjis explained that the City requires a dewatering plan prepared by an engineer and a geotechnical engineer; however, staff does not monitor constructability. If a contractor becomes overzealous in pumping water from the site, the adjacent buildings can be affected. The decision was made to demolish and rebuild the Crab Cooker after it was impacted by dewatering. Community Development Director Jurjis continued with a senior housing project located off Hospital Road and Newport Boulevard. The project proposes 169 rooms with 195 beds. It should be ready for the Planning Commission in mid -2018. An application has been submitted Page 4 of 5 to build 21 condominium units off Ford Road and Jamboree near the old AT&T building through a General Plan amendment. The Mariners Square project proposes to demolish a 114 -unit apartment building and to build 92 single-family detached dwellings. Projects under construction include Uptown Newport, Lido House Hotel, Ebb Tide, and a medical office building. VI.) STAFF AND BOARD MEMBER ITEMS Chair Jeannette advised that the Board has been meeting every six months to learn of issues affecting the Community Development Department. Board Members concurred with continuing to meet every six months or twice a year. Board Member Luehrs was surprised there weren't more appeals. Community Development Director Jurjis suggested the change in management styles to a solution -seeking approach probably resulted in the lack of appeals being filed. Vice Chair Sandland commended staff for working with applicants. In response to questions, Community Development Director Jurjis reported no issues were pending for the Board. The Orange County Building Official shared that no appeals had been filed for projects in unincorporated areas of Orange County. Compliance with State Codes does not get easier. Staff often has to debate and work through issues to determine the most practical and responsible solution. New construction has to be raised above the flood line; therefore, there are no grounds for appeal. Federal Emergency Management Agency (FEMA) requirements provide exceptions for remodels of existing buildings. The Board's purview is FEMA requirements, accessibility requirements, and Building Code appeals. Staff receives one or two applications for a power wall per month. Because the Code is silent with respect to requirements for a power wall, staff has been requiring barrier protection and labeling on the electrical panel. Staff is preparing to review applications for solar tiles. Board Member Nour commented regarding the amount of equipment and the level of the load being placed on emergency generators in surgery centers. Administrators do not test and replace batteries because of the cost. VII.) BUILDING AND FIRE BOARD OF APPEALS ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT. Chair Jeannette suggested an update of projects mentioned earlier. Community Development Director Jurjis will present information about CASp. Board Member Nour shared safety concerns regarding Tesla power systems. VII.) ADJOURNMENT Chair Jeanette adjourned the meeting at 4:30 p.m. Page 5 of 5