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HomeMy WebLinkAbout2/25/2015 - Building & Fire Board of Appeals_Agenda CITY OF NEWPORT BEACH BUILDING AND FIRE BOARD OF APPEALS AGENDA i-th1'j- Newport Beach City Hall 100 Civic Center Drive, Newport Beach Newport Coast Conference Room (Bay E - 2nd Floor) February 25, 2015 - 3:00 PM Board Members: Brian Jeannette, Chair James Anderson Jay Elbettar Richard Luehrs James Pirdy Stephen Sandland Ron Yeo Staff Members: Seimone Juris, Chief Building Official/Secretary to the Board Kevin Kitch, Assistant Fire Chief Debi Schank, Administrative Support Specialist A. CALL MEETING TO ORDER B. ROLL CALL C. INTRODUCTIONS OF BOARD MEMBERS D. PUBLIC COMMENTS Public comments are invited on agenda and non-agenda items generally considered to be within the subject matter jurisdiction of the Building and Fire Board of Appeals. Speakers must limit comments to three (3) minutes. Before speaking, we invite, but do not require, you to state your name for the record. The Building and Fire Board of Appeals has the discretion to extend or shorten the speaker's time limit on agenda or non-agenda items, provided the time limit adjustment is applied equally to all speakers. As a courtesy, please turn cell phone off or set them in the silent mode. E. APPROVAL OF MINUTES 1. February 11, 2014 Approval of Minutes of February 11, 2014 F. NEW BUSINESS 1. Election of Building and Fire Board of Appeals Chair and Vice Chair Summary: On an annual basis the Building and Fire Board of Appeals elects a Chair and Vice Chair to run the Board meetings. A Vice Chairs role is to run the Board meetings when the Chair is unavailable. (No staff report will be provided.) Recommended Action: 1) Elect Building and Fire Board of Appeals Chair 2) Elect Building and Fire Board of Appeals Vice Chair; and 3) Alternatively, discuss and take other action related to this item. 2. Introduce City Staff Summary: City staff will make presentations on their organization and codes used. Recommended Action: G. BUILDING AND FIRE BOARD OF APPEALS ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT H. ADJOURNMENT This Committee is subject to the Ralph M. Brown Act. Among other things,the Brown Act requires that the Committee's agenda be posted at least seventy-two(72)hours in advance of each regular meeting and that the public be allowed to comment on agenda items before the Committee and items not on the agenda but are within the subject matter jurisdiction of the Committee. The Committee may limit public comments to a reasonable amount of time,generally three(3)minutes per person. It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act("ADA")in all respects. If,as an attendee or a participant at this meeting,you will need special assistance beyond what is normally provided,the City of Newport Beach will attempt to accommodate you in every reasonable manner. If requested,this agenda will be made available in appropriate alternative formats to persons with a disability,as required by Section 202 of the Americans with Disabilities Act of 1990(42 U.S.C.Sec. 12132),and the federal rules and regulations adopted in implementation thereof. Please contact the City Clerk's Office at least forty-eight(48)hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible at(949)644-3005 or cityclerk@newportbeachca.gov. V µ NEWPORT BEACH ITEM TITLE: February 11, 2014 ITEM SUMMARY: Approval of Minutes of February 11, 2014 ATTACHMENTS: Description Draft Minutes CITY OF NEWPORT BEACH Building and Fire Board of Appeals Minutes Building and Fire Board Regular Meeting February 11,2014 A. CALL TO ORDER-The meeting was called to order at 2:OOPM B. ROLL CALL Present: Anderson,Jeanette, Luehrs, Pirdy, Sandland,Yant, and Yeo Absent(Excused): C. PUBLIC COMMENTS Jim Mosher, a resident of Newport Beach, noted minor corrections to the minutes, as submitted to the administrative assistant. There being no others wishing to address the Board, public comments were closed. D. APPROVAL OF MINUTES OF JULY 30, 2013 Motion by Vice Chair Yant, seconded by Board Member Yeo,to approve the minutes of July 30, 2013, subject to the changes. The motion carried by(7-0)by the following vote: AYES: Anderson,Jeanette,Luehrs,Pirdy, Sandland,Yant, and Yeo NOES: None ABSENT: None ABSTAIN: None E. NEW BUSINESS ITEM NO. 1 Additional Responsibilities for the Building and Fire Board of Appeals SUMMARY: Recent changes to the Municipal Code require the Board to hear appeals related to the City's Floodplain Management Ordinance. Additionally, changes to the building code require the Board to hear items that require ratification of the Chief Building Official's decision as it relates to accessibility hardships. Chief Building Official, Seimone Jurjis, presented details of the report, stating that changes to the Newport Beach Municipal Code now require the Building and Fire Board of Appeals to hear applications for Appeals and Variances, as they relate to Floodplain management. He noted the areas of Lido and Balboa that are subject to flooding due to swelling and wind energy and reported there is an ordinance throughout the City to raise structures to an elevation of 9.0 feet, requiring property owners and developers to raise structures above the floodplain level. He added that the Peninsula is also in a floodplain but because it sits higher and it is not subject to the same requirements as Balboa. Discussion ensued regarding conditions that affect floodplains. Berms are still being created from 15th to Balboa Pier, as well as utilizing the natural gravitational pull. He presented a map of the area noting that sections designated in red have been flagged as areas with the highest hazard rates. Chief Building Official, Seimone Jurjis, stated that the 2013 California Building Code now requires accessibility hardship requests to be ratified by the Board if the cost of the improvement is over $143,000, effective January 1, 2014. The code changes every three (3) years, but the compliance schedule will be brought to the Board by the Irvine Company. Additionally, he reported that the appeal fee is $6,600, to cover staff time, and that a study will be completed to lower the cost. He noted there is no current fee for ratification and that there is a need to do an independent study to come up with the fee cost for ratification. There will be a meeting with a fee consultation in the near future. Jim Mosher asked about the floodplain data and levels, and if the level is 9.0 feet above Balboa,where the high tide level is in comparison to that number. Additionally, he stated a need to change the access rule, with an emphasis on public telephones and their accessibility to the handicap. Chief Building Official, Seimone Jurjis, responded that the high tide number was determined and provided by FEMA, as confirmed by the base flood level. In addition, it is not a City requirement that public phones be provided to the public in office buildings. ITEM NO. 2 A Presentation on the City's Floodplain Management Requirements Chief Building Official, Seimone Jurjis, presented details of the staff report providing a background of the Floodplain Management Ordinance, which was initially adopted in 1993. He reported that it is a government insurance program for everyone, and one that is made accessible and affordable. He presented a map of elevations noting locations in red that are at 8.5 feet. Discussion followed regarding the definition of the base flood area and what is a habitable area. It was noted that a garage is not habitable and can be built below the base flood level of 9.0 feet. Chief Building Official, Seimone Jurjis, addressed the cost of improvements stated that it is divided by the cost of the proposed work, which equals the adjusted value and gives the property owner the total dollar amount. The maximum improvement is the value of the permit; however, FEMA is currently correcting the information regarding the base flood level. He presented an example of a home at 114 Sapphire Avenue, which is elevated to 9.0 feet. Additionally, he reported that 20% of the island has been raised to 9.0 feet, but 80% has not. There are currently 65 active permits on Balboa Island, with a total of 1,500 homes on Balboa Island. Discussion ensued regarding the sea wall, since there is a differing opinion of raising the wall. Residents in the back of the island do not want to raise the wall because they feel the water would not affect them, however, residents of the front of the island do not like the aesthetics of a 10 foot wall. It was noted that the City is proactive in speaking out on raising structures of homes to the elevation of 9.0 feet, but that FEMA does not recognize that sea level rise and is in the process of amending flood maps from 9.0 feet to 8.0 feet. Jim Mosher asked for details regarding the formula for substantial improvement and whether or not it is in the ordinance as well as what the costs entail. Chief Building Official Seimone Jurjis stated that the equation comes from FEMA and in regards to cost; everything but appliances goes into the construction costs. He added there is information on the City's website as to what is included, as well as on the FEMA website. ITEM NO. 3 A Presentation on a sample of Accessibility Hardships approved by Staff Chief Building Official, Seimone Jurjis, presented details of the staff report addressing the creation of a hardship list and cost breakdown and including items that were not in compliance. He presented specific locations noting what was spent, the improvements made, and what was deemed a hardship. He added that the path of travel will be the next phase of study. F. STAFF AND BOARD MEMBER ITEMS ITEM NO. 4 Chief Building Official's Report SUMMARY: Announcement of a Public Workshop for the design community to inform them on code changes,process, and procedures. Chief Building Official Jurjis announced a public workshop on March 11, 2014, at 2:OOPM at City Hall. The 2013 Building Code and items on the website will be presented and discussed. G. BUILDING AND FIRE BOARD OF APPEALS ANNOUCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION,ACTION OR REPORT Vice Chair Yant noted that BFBA meetings should be held as needed. Board Member Sandland stated that the meetings should be held periodically. Mr.Jurjis reported that the Board could reconvene in six(6) months. Board Member Yeo discussed the fees for appeals and noted the need to review the costs. It was decided that the next meeting should be tentatively scheduled for six (6) months from the current date, per any agendized items. Board Member Sandland noted the "Strip the City" show on the Science Channel, and how it relates to the flooding in Venice. H. ADJOURNMENT - The Building and Fire Board of Appeals adjourned at 2:50PM.