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To:

From:

Submitted by:

Subject:

CITY OF CARMEL-BY-THE-SEA

Council Report

May 6, 2014

Honorable Mayor and Members of the City Council

Jason Stilwell, City Administrator

Rob Mullane, AICP, Community Planning and Building Director

Consideration of an Ordinance {Second Reading) Amending the Carmel­

By-The-Sea Municipal Code Making Revisions to the Building Board of

Appeals and Establishing a Process for Hearing Appeals related to

Compliance with all State and Federal Disabled Access Requirements

Recommendation: Conduct second reading of and adopt the attached ordinance.

Executive Summary: On April 4, 2014, the City Council introduced and passed onto second

reading of an Ordinance to make amendments to the Building Board of

Appeals, as well as the process for hearing Building Code-related appeals.

The Council directed one minor revision to include a licensed engineer for

greater flexibility to the draft Ordinance at that meeting, and staff has

incorporated this change into the Ordinance for second reading and

adoption at today's meeting.

Analysis /Discussion: Background and Role of the Building Board of Appeals

A Building Board of Appeals is the board that hears appeals of

determinations made by the Building Official regarding building permit

requirements or interpretations of the Building Code. Sections 15.04.170

through 15.04.240 set forth the membership, authority, and procedures

for the Board of Appeals. Building Code requirements tend to be clearly

defined, but there are instances where an interpretation is needed. The

Board of Appeals provides an appeal body for decisions of the Building

Official with which an owner or applicant disagrees.

The establishment of such a board is required under the Municipal Code,

and the City should have such a board seated in the event that an appeal

is received. This board would also hear appeals related to compliance

with disabled access requirements and actions required to abate

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dangerous or unsafe buildings as set forth in Section 15.04.240 of the

Municipal Code.

For the Board of Appeals to have the requisite expertise for matters

related to disabled access compliance, for any hearing on an disabled

access-related matter, the board's membership should be augmented to

include two members who are either disabled or qualified to address

disabled access matters.

Environmental Determination:

Fiscal Impact:

The City determined that the proposed action is not a project as defined

by the California Environmental Quality Act (CEQA) (CCR, Title 14,

Chapter 3 ("CEQA Guidelines), Article 20, Section 15378}. CEQA

Guidelines Section 15061 includes the general rule that CEQA applies only

to activities which have the potential for causing a significant effect on

the environment. Where it can be seen with certainty that there is no

possibility that the activity in question may have a significant effect on

the environment, the activity is not subject to CEQA. Because the

proposed action and this matter have no potential to cause any effect on

the environment, and because it falls within a category of activities

excluded as projects pursuant to CEQA Guidelines.

No direct costs were incurred in the preparation of the ordinance; staff

costs are part of the City's normal workload. Once the board is seated,

compensation for travel expenses related to board duties may result in

additional costs. However, no stipends or other compensation is

proposed. Given that this board is unlikely to meet more than once or

twice a year, staff estimates that any travel costs would be less than

$1,000 per year.

Previous Council

Action/Decision History:

The current version of the Board of Appeals-related sections of Chapter

15.04 were established by the City Council in 1989 (Ordinance 89-29},

with minor amendments made in 2010 (Ordinance 2010-05}. First

reading of this ordinance was continued without discussion from the

March 4, 2014 City Council meeting as part of agenda management. On

April 4, 2014, the City Council introduced and passed onto second

reading the proposed Ordinance.

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Attachment:

• Attachment A- Draft Ordinance

Reviewed by:

City Administrator .-- City Attorney D Administrative Services D

Asst. City Admin . D Dir of CPB rKM. Dir of Public Svcs D

Public Safety Dir D Library Dir D Other D

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Attachment A CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL

ORDINANCE NO. 2014-04

AN ORDINANCE AMENDING THE CARMEL-BY-THE-SEA MUNICIPAL CODE MAKING REVISIONS TO THE BUILDING BOARD OF APPEALS AND ESTABLISHING A PROCESS FOR HEARING APPEALS RELATED TO COMPLIANCE WITH AMERICANS

WITH DISABILITIES ACT REQUIREMENTS

WHEREAS, the City of Carmel-by-the-Sea has adopted provisions in Chapter 15.04 of Title 15 of the City's Municipal Code for establishing a Building Board of Appeals that provides an appeal body for decisions and determinations of the Building Official; and

WHEREAS, the Board of Appeals as currently established does not meet requirements for review of Building Official determinations related to compliance with requirements ofthe Americans with Disabilities Act (ADA) of 1990, as amended, (42 USC§ 12101, et seq.); and

WHEREAS, certain other revisions to Chapter 15.04 are desirable to address membership and procedures of the Board of Appeals; and

WHEREAS, on April I , 2014, the City Council conducted a duly-noticed public hearing for first reading and introduction of this Ordinance and consider all public testimony, both written and oral, received in conjunction with the public hearing; and

WHEREAS, on May 6, 2014, the City Council conducted a second reading of this Ordinance; and

WHEREAS, the City Council has determined that the proposed changes to the City's Municipal Code set forth by this ordinance are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061, which includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment.

THEREFORE, THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES ORDAIN, AS FOLLOWS:

Section One. Title 15 of the Municipal Code ofthe City of Carmel-by-the-Sea is hereby amended as follows:

Chapter 15. 04, § 15.40.170 of the Carmel Municipal Code is hereby amended as follows:

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15.04.170 Board of Appeals- Created.

In order to determine the suitability of alternate materials, methods and types of construction and to provide for reasonable interpretations of provisions of this title, as well as compliance with the requirements and interpretations of the provisions of the Americans with Disabilities Act of 1990, as amended, ( 42 USC § 12101 , et seq.), a Board of Appeals is created, the members ofwhich shall be appointed by the Mayor, with the consent of the City Council and shall serve at the Mayor's pleasure. The Board of Appeals shall be the "local appeals board," the "housing appeals board," and the "board of appeals" as those phrases are defined and used in the California Building Code or any other code under this title as the same may apply to the City of Carmel-by-the-Sea either by express adoption or by operation oflaw. The Building OfficialCity Clerk or City Clerk's designee shall act as Secretary to the Board of Appeals. (Ord. 89-29 § 1, 1989; Code 1975 § 1115.0).

15. 04, § 15.40.180 of the Carmel Municipal Code is hereby amended as follows:

15.04.180 Board of Appeals- Membership.

The board shall be composed of fl.vethree core members, and two disabled access members, with disabled access members attending the Board of Appeals meeting only for appeals that relate to access to public accommodations by physically disabled persons. four ohvhom shall sit on all appeals and mayThe three core members shall be qualified as follows: one architect, or one licensed civil or structural engineer, one general contractor~ and one other who may have expertise in expertise in the construction or building field or who may be a layperson. man, and three alternates each qualified by education or experience in the field ofplumbing, electrical or mechanical installations. \Vhen, in the opinion of the Building Official, a conflict arises in the composition of the Board the Planning Commission may be utili2:ed for such matters of appeal. On general matters, any one of the alternates may sit as a member, but on technical matters in their specific field the specialist in that field of construction shall sit. At least three :four members ofthe board shall be residents of the City. The board shall develop reasonable rules and regulations for conducting its business at each hearing and deliver a copy thereof to the Secretary and to the Building Official at the time of each hearing. Said rules and regulations should be available to the public. The board shall render its decision and findings in writing and furnish a copy thereof to the appellant, Secretary, and Building Official. (Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 89-29 § 1, 1989; Code 1975 § 1115.0(a)).

15. 04, § 15.40.190 of the Carmel Municipal Code is hereby amended as follows:

15.04.190 Board of Appeals - Hearing.

The Board of Appeals shall hear appeals from all decisions of the Building Official, including items related to compliance with ADA requirements, the denial of a variance

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from the provisions of this title or of the unifurm Building Code and related codes herein adopted, and shall also hear requests for variances from any provision of this title or of the uniform Building Code and related codes herein adopted referred to it by the Building Official. Upon such reference, or upon appeal, it shall have the same power as the Building Official to grant such variances and impose conditions thereon. (Ord. 89-29 § 1, 1989; Code 1975 § 1115.0(b)).

15.04, § 15.40.200 of the Carmel Municipal Code is hereby amended asfollows:

15.04.200 Board of Appeals - Form of Procedure.

Appeals to the Board of Appeals shall be in writing and shall be filed with its Secretary within 10 days after written notice of the decision of the Building Official has been mailed to the applicant. The Board of Appeals shall hear appeals and applications for variances referred to it by the SecretaryBuilding Official after not less than five days' notice in writing to the Building Official and the appellant or applicant. (Ord. 89-29 § 1, 1989; Code 1975 § 1115.0(c)).

15.04, § 15.40.220 ofthe Carmel Municipal Code is hereby amended asfollows:

15.04.220 No Appeal to City Council Filiag.

The Board of Appeals is the final City decision-maker for items coming before the Board.An appeal to the City Council from the action of the Board of Appeals may be filed by the applicant or by the Building Official. Such appeal shall be in writing and shall be filed vfith the City Clerk and ·.vith the Board ofAppeals within 10 days after written notice of the decision ofthe Board ofAppeals has been mailed to the applicant. An appeal shall set furth specifically the points at issue, the reasons fur the appeal , and wherein the appellant belie>",res there v;as an error or abuse of discretion by the Board of Appeals. (Ord. g9 29 § 1, 1989; Code 1975 § 1115.l(a)).

15.04, § 15.40.230 of the Carmel Municipal Code is hereby repealed in its entirety as follows:

15.04.23() Appeal ta City Cauaeil Heariag.

Upon receipt of such appeal the City Council shall set a date fur public hearing thereon, giving at least five days' notice thereof to the applicant and to the Building Official. The City Council may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from . (Ord. 89 29 § 1, 1989; Code 1975 § 1115.1 (b)).l5.04 .240 Appeal from Actions to Abate Dangerous Buildings.

Section Two. If any section, subsection, or part of this Ordinance is held to be invalid or unenforceable, all other sections, subsections, or parts of subsections of this ordinance shall remain valid and enforceable.

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Section Three. Effective Date. This Ordinance shall become effective on the thirty-first (31 51

) day after its adoption.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE­

SEA this_ day of __ 2014, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

SIGNED:

ATTEST: Jason Burnett, Mayor

Deanna Allen Acting Deputy City Clerk