R 4618RESOLUTION NO. 4618
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE UPHOLDING THE APPEAL OF THE DECISION OF THE
SAN LUIS OBISPO COUNTY HEALTH DEPARTMENT, THEREBY
APPROVING THE POOL PLANS SUBMITTED BY BEST WESTERN
CASA GRANDE INN
WHEREAS, Section 310313.1 of Chapter 24 of the California Building Code requires
plans for the construction or alteration of public pools to be approved by the health
officer; and
WHEREAS, Health & Safety Code Section 101460 requires every governing body of a
city to appoint a health officer or make other arrangements for the county to exercise
the same powers and duties within the city; and
WHEREAS, the City of Arroyo Grande ( "City ") has made arrangements with the San
Luis Obispo County Health Department to provide a health officer for the City; and
WHEREAS, a local building department may not issue a building permit for a pool until
the plans have been approved by the health officer; and
WHEREAS, Best Western Casa Grande Inn ( "Best Western ") submitted as built plans
to the County Health Department in order to get approval for modifications made to the
Best Western pool; and
WHEREAS, on May 23, 2014, the County Health Department rejected the plans
submitted by Best Western and requested that Best Western submit revised plans; and
WHEREAS, Best Western appealed the Public Health Department's rejection of the
submitted plans; and
WHEREAS, appeals of the health officer are heard by the local appeals board and
where there is no local appeals board, by the governing body of the city; and
WHEREAS, the City has not established a local appeals board, as such the City
Council serves as the local appeals board; and
WHEREAS, on August 12, 2014, the City Council considered the appeal; and
RESOLUTION NO. 4618
PAGE 2
WHEREAS, the City Council finds, after due study and deliberation and consideration of
all oral and written evidence submitted that the following circumstances exist:
FINDINGS FOR APPROVAL
1. The pool plans comply with the California Building Code, Chapter 31B, Public
Pools.
2. The pool and spa constitute one pool structure.
3. There is no decking required between the pool and spa.
4. Pursuant to California Building Code, Section 310713.1, the pool plans are
satisfactory and the method of construction is at least equivalent to that
prescribed in suitability, strength, effectiveness, fire resistance, durability, safety
and sanitation.
5. Pursuant to California Building Code, Section 3107B.1, the methods of
installation conform to other nationally recognized standards.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby upholds the appeal and approves the Best Western pool plans, subject
to removing the rocks on either side of the waterfall consistent with the appellant's
testimony at the hearing.
On motion of Council Member Costello, seconded by Council Member Brown, and by
the following roll call vote, to wit:
AYES: Council Members Costello, Brown, and Mayor Ferrara
NOES: Council Members Barneich and Guthrie
ABSTAIN: None
the foregoing Resolution was passed and adopted this 12th day of August, 2014.
RESOLUTION NO. yLvi�
PAGE 3
MAYOR -
ATTEST:
KELLY rTMORE, CITY CL RK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
I
TIMOTHY J. CARMEL, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KITTY NORTON, Deputy City Clerk of the City of Arroyo Grande, County of
San Luis Obispo, State of California, do hereby certify under penalty of perjury,
that Resolution No. 4618 is a true, full, and correct copy of said Resolution
passed and adopted at a regular meeting of the City Council of the City of Arroyo
Grande on the 12th day of August 2014.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th
day of August 2014.
KITTY N TON, DEPUTY CITY CLERK