MINUTES BUILDING APPEALS BOARD October 29, 2014 Call to Order William Weirick, Chair, called the meeting of the Ojai Building Appeals Board to order on Wednesday, October 29, 2014, at 6:00 p.m. in the Council Chambers of Ojai City Hall, 401 S. Ventura Street, Ojai, California. Roll Call On a call of the roll, the following Building Appeals Board Members were present: Chair Weirick, Vice Chair Farmer, and Board Members Daddi, Hanson, and Hilgers. Absent: None City staff present: Kathleen Wold, Community Development Director, Joseph Fletcher, City Attorney, Stephen Stuart, Building Official, and Shari Herbruck, Board Secretary. Pledge of Allegiance
Board Member Hanson led the pledge.
Public Communication Chair Weirick made a motion and Board Member Hanson seconded to add a “Board Communications” item as a standard on the Board’s agendas. Consent Item 1. Minutes of the Building Appeals Board Meeting on September 16, 2014
Motion: Board Member Hanson moved and Board Member Hilgers seconded a motion to approve the consent calendar as submitted. On a voice vote the motion passed as follows: AYES: Board Members Daddi, Farmer, Hanson, Hilgers, and Weirick NOES: None ABSTAIN: None ABSENT: None Informational Item 2. Judy Devore, Ombudsman for the Compliance Program, introduced herself and had a brief discussion with the Board. Discussion Items 3. Discussion and Recommendation to City Council for changes to the City of Ojai’s Second Dwelling Compliance Program Guidelines. Kathleen Wold, Community Development Director, presented the staff report and explained the attachments. Ms. Wold stated the City Attorney and City Building Official are in attendance and available for questions.
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Board Discussion/Comments/Questions Board Member Daddi • Why does the building permit application need to be mandatory? • Simplify the building permit application. • Asked if the compliance unit will be grandfathered to rebuild in the event of fire. Ms. Wold answered that the compliance unit will fall under the legal nonconforming section of the code. Board Member Hilgers • The success of the program depends on the perception of the public. • Asked if it is the goal of the City to use this program to provide affordable housing? Ms. Wold answered that the City Manager has stated that he wants this compliance program to reflect the goals of Ojai not the Department of Housing and Community Development’s (HCD) goals. • Explained that in talking to the citizens there are many different uses of these uses. Some people are using these units as short term rentals, such as vacation rentals. • Asked how the City monitors the uses and owner occupied restriction. Ms. Wold answered it is the City’s goal to remove impediments and make it as easy as possible to legalize these compliance units. How we are going to monitor the units is another question for another day. • Feels all the fee and especially the Ojai Valley Sanitary District fee is a huge hurdle in getting people to apply for the compliance program. Board Vice Chair Farmer • Has concern with a non-conforming unit being listed the properties title report. Ms. Wold explained the unit would go from being illegal to be considered as legal non-conforming in which there are many properties in the City with this condition. Board Member Hanson further explained that legal non-conforming is not a detriment to a property. Board Member Hanson • Wants the section that mentions penalties to be removed. Ms. Wold said she would like to change the word, “Will” to “May” in that section because the City’s main objective is compliance. • Inquired about the mention of a lease term.. Ms. Wold explained that the current ordinance has a 3-year lease term requirement, so the compliance program needs to note there is no lease term required or the standard ordinance would apply. • Asked what are the fees to submit an application for the compliance program? Staff answered there is no fee to submit an application. Board Member Daddi • Asked about the City’s lot coverage requirement. Board Chair Weirick that question is expanding the discussion and should not be part of this meeting.
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Board Chair Weirick • Said in the spirit of removing impediments would like to remove the low flow plumbing fixture requirement. Ms. Wold agreed to remove it. Board Member Daddi would like it to be clear that a building constructed after 2006 would be required to meet current code. Mr. Stuart, Building Official, would agree with that statement. Public Comment Steve Quilici asked for clarification that the Second Dwelling Compliance Program is separate from the Second Dwelling Unit Ordinance. Staff answered yes. He also clarified that only one second unit is allowed on a property in addition to the main unit. Staff answered yes. Motion: Board Chair Weirick moved to finalize the Building Appeals Board recommendations on the 2014 draft Second Dwelling Compliance Program Guidelines and recommend the Planning Commission recommend approval to the City Council. Added item: Board Member Reports and Comments Board Member Hilgers would like the 1105 N. Signal Street project agendized. Board Member Daddi would like a neighborhood meeting be scheduled for the 1105 N. Signal Street project. 4.
Title 9, Chapter 15 of the Ojai Municipal Code: Vacant Property Maintenance, Security, and Registration Ms. Wold opened the discussion. Board Discussion/Comments/Questions Board Chair Weirick • Would like to catalog a series of questions and its enforcement. • Address the practices regarding mandates in the City’s ordinances. • Discussed page 4, where it states, “Vacant” in the definitions. Board Member Hanson • Asked if the properties on the vacant property list have property managers. Board Vice Chair Farmer • Inquired about two properties. One being a code enforcement case that could not be reported on and the other that has a current building permit.
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Board Member Daddi • Asked if properties that have old code enforcement issues are considered grandfathered. Mr. Fletcher answered that code enforcement is not typically a grandfathered issue. Public Comment William Ulrich, 487 Gridley Road, asked why the visible properties on Ojai Avenue have not been enforced with this ordiance. Steve Quilici, 516 W. Eucalyptus Street, asked about code section 9-15.10(c)(2). City Attorney answered. 5.
Future Agenda Items Would like the accessory structure ordinance, which allows unlimited structures on a property be reviewed.
City Council Liaison Mayor Strobel reported that the Council approved a thirty hour a week Code Enforcement Officer position at their last meeting. The Council will review again in six months to see if thirty hours is enough for the officer to get the work done. Mayor Strobel encouraged everyone in attendance to vote. Adjournment There being no further business brought before the Board, Chair Weirick adjourned at 8:41 pm the meeting.