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HomeMy WebLinkAboutMinutes of December 9, 2015 - FINALIZED CITY OF NEWPORT BEACH Building and Fire Board of Appeals Minutes Building and Fire Board Regular Meeting December 9, 2015 I. CALL TO ORDER-The meeting was called to order at 3:01 p.m. ll. ROLL CALL Present: Anderson, Luehrs, Nour, Sandland, and Jeannette Absent: Elbettar, Pirdy III. PUBLIC COMMENTS- None IV. APPROVAL OF MINUTES 1. APPROVAL OF JUNE 17, 2015 MINUTES Recommended Action: Approve June 17, 2015 Minutes Chair Jeannette clarified various comments throughout the Minutes. Motion by Board Member Sandland, seconded by Chair Jeannette and carried (3—0, 2 abstentions)to approve the Minutes of June 17, 2015, as amended. AYES: Anderson, Sandland, and Jeannette NOES: None ABSENT: Elbettar, Pirdy ABSTAIN: Luehrs, Nour V. NEW BUSINESS 2: WELCOME NEW BOARD MEMBER SAUM NOUR Recommended Action: No action required Chair Jeannette and the Board welcomed newly appointed Board Member Nour. 3: A PRESENTATION ON THE RESPONSIBILITY OF THE BUILDING AND FIRE BOARD OF APPEALS Recommended Action: No action required Chief Building Official Jurjis described the three-fold purpose of the Board. First, if an applicant disagrees in the interpretation of the Building and Fire Code by the Chief Building Official or the Fire Marshal, they can appeal to this Board. Second, as the Flood Plan Management Administrator, Chief Building Official Jurjis makes interpretations of the Flood Plain Management Ordinance and applicants can also file appeals with this Board if they disagree with his interpretation of the Ordinance. In response to Board Member Nour, Chief Building Official Jurjis affirmed that the City does have a detailed, colored map which identifies the various elevations and physical elements within the City. In response to Board Member Sandland, Chief Building Official Jurjis stated that according to federal mapping standards, Balboa Island is the most severely impacted in regard to flooding; however, other parts of the City, including other islands, do experience flooding. Lastly, Chief Building Official Jurjis described the Board's role in determining "accessibility hardship." The cases that come before the Board are usually the most expensive and extreme, such as those that exceed $150,000. He can approve the hardship; however, the final ratification must be done by the Board. In closing, he noted that the Board's determinations are final and they cannot be further appealed to another legislative body. 1 In response to Chair Jeannette, Chief Building Official Jurjis affirmed that the City has not specifically gone through the process of formalizing a plan for sea rise. There is a plan to replace sea walls, and they can be increased in height if necessary. Mr. Jurjis also stated that in addition to sea walls, other infrastructure needs will need to be taken into consideration to address sea rise. In response to Board Member Nour, Chief Building Official Jurjis stated that development on Balboa Island needs to be built starting at a certain height noting that the rest of the City is already above the required height. In response to Board Member Sandland, Chief Building Official Jurjis commented that the Board hears appeals of potential misinterpretations of the Building and Fire Codes only. 4: A PRESENTATION ON CURRENT AND PENDING PROJECTS IN THE CITY Recommended Action: No action required Chief Building Official Jurjis provided an overview of current and pending projects in the City. A PowerPoint presentation was displayed with slides entitled: San Joaquin Apartments, Uptown Newport, Lido Villas, Marina Park, Lido House Hotel, Ebb Tide, Back Bay Landing, Pending Applications, The Koll Center, The Residences, Newport Villas, What's Going on in My Neighborhood, iPermit, and Adopted Fees. Discussion ensued among the Board and staff regarding various aspects of each of the projects. In response to Board Member Nour, Chief Building Official Jurjis provided information regarding building requirements and solar installations in homes. In response to Board Member Luehrs, Chief Building Official Jurjis affirmed that in terms of"Green Light," most falls under the 2006 General Plan and would not require a vote. In response to Chair Jeannette, Chief Building Official Jurjis confirmed that the total number of units in the next eighteen (18)months was about one thousand (1,000)units. In response to Board Member Luehrs, Chief Building Official Jurjis stated that the Uptown Newport project would consist of rental units. However, this does not prevent them from coming back and doing a condominium conversion. He also stated that the Meridian project on Santa Barbara (across from the Police Station) received their Certificate of Occupancy and all units but one have been sold. VI. CONTINUED BUSINESS 5: DISCUSSION ON THE ADOPTED FEES FOR FILING AN APPEAL AND RATIFICATION OF ACCESSIBILITY HARDSHIPS Recommended Action: No action required. Chief Building Official Jurjis stated that the fee for filing an appeal is now$1,506, which includes a partial subsidy by the City Council. The fee for ratification of accessibility hardships is a brand new fee at$1,063. The fees went into effect approximately November 23, 2015. VII. STAFF AND BOARD MEMBER ITEMS In response to Board Member Luehrs, Chief Building Official Jurjis stated that ADA lawsuits from private citizens suing private enterprises is still continuing as a trend. In response to Board Member Nour, Chief Building Official Jurjis stated that there is only a grace period if you get a study done by a certified access specialist and your upgrades are only pending. In response to Board Member Sandland, Chief Building Official Jurjis stated that the applicant on Balboa Island that had accessibility issues never came back to finalize their project. In response to Board Member Nour, Chief Building Official Jurjis stated that the role of the Board is to review the interpretations of the Code by the Chief Building Official or the Fire Marshal. 2 Assistant Fire Chief Kitch stated that this would be his last meeting with the Board. The Chair stated that the current meeting cycle was sufficient for the Board's workload at this time. VIII. BUILDING AND FIRE BOARD OF APPEALS ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT IX. ADJOURNMENT—The Building and Fire Board of Appeals adjourned at 3:47 p.m. A motion was made by Chair Jeannette and approved unanimously to approve adjournment of the meeting at 3:47 p.m. AYES: Anderson, Luehrs, Nour, Sandland, and Jeannette NOES: None ABSENT: Elbettar, Pirdy ABSTAIN: None 3