CC 2014-08-12_11.a. Appeal - Best Western Casa Grande InnMEMORANDUM
TO: CITY COUNCIL
FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: JOHNATHAN R. HURST, BUILDING OFFICIAL
SUBJECT: CONSIDERATION OF A RESOLUTION UPHOLDING THE APPEAL OF
THE DECISION OF THE SAN LUIS OBISPO COUNTY HEAL TH
DEPARTMENT, THEREBY APPROVING THE POOL PLANS
SUBMITTED BY" BEST WESTERN CASA GRANDE INN
DATE: AUGUST 12, 2014
RECOMMENDATION:
It is recommended the City Council adopt a Resolution upholding an appeal of the
decision of the San Luis Obispo County Health Department, thereby approving the
swimming pool plans submitted by the Best Western Casa Grande Inn ("Best Western").
BACKGROUND:
In May 2014, the City Building Division was made aware of construction and renovation
work being performed on the existing swimming pool located at the Best Western Casa
Grande Inn located at 850 N. Oak Park Blvd. The Building Division responded and
issued a STOP WORK order since a permit was required for the work being performed
and none had been issued. The owner of the motel, Ray Bunnell, contacted the Building
Division and was instructed as to what plans needed to be submitted. On May 9, 2014,
plans were submitted for review. Corrections were ,needed from the Planning and
Building Divisions that included obtaining County Health Department approval (among
other items). Approval from the County Health Department was denied in part due to a
lack of proper decking between the proposed spa and the existing pool. The denial was
appealed by the owner.
Pursuant to the California Building Code, anyone proposing to construct, renovate or
alter a public pool must obtain a permit from the public health officer. This is in addition
to the regular building permit required by the City to construct or renovate an existing
swimming pool. The City has an arrangement with the County of San Luis Obispo
whereby the County provides public health officer services for the City.
Cities are required under the Building Code to establish a process to hear and decide .
appeals of determinations made by the health officer. The Arroyo Grande City Council
serves as the local appeals board for the City.
Item 11.a. - Page 1
CITY COUNCIL
BEST WESTERN CASA GRANDE INN POOL APPEAL
AUGUST 12, 2014
PAGE2
The City Council has the authority to hear the appeal and determine whether to uphold
or deny Best Western's appeal. After hearing the facts and arguments from Best
Western, City staff and anyone else who wishes to be heard, the City Council may ask
questions of staff, Best .Western, or other persons providing input. After considering
and weighing all evidence, the City Council should deliberate and take action to either
uphold the appeal thereby granting the permit, deny the appeal, or continue the matter
for further deliberation or information. The decision of the City Council will be final.
ANALYSIS OF ISSUES:
The construction work being done consisted of taking the existing pool, adding a wall
near one end of that existing pool to create a separate space, and making that separate
space into a spa with its own plumbing and heating sources (Attachments 1 and 2).
California Building Code, Section 3114B.2, states, "Where multiple pools and/or spas
are built adjacent to each other, the deck width separating them shall be a
minimum of 6 feet." County Health staff interprets this code section differently from the
City Building Official. County Health Staff considers the now divided pool to be two
separate pools thereby requiring a six foot decking between the pool and the spa.
Where a deck exists between pools, or a pool and spa, the six foot separation
· requirement is designed to ensure that the deck is wide enough so that one can safely
pass between the pools.
The Building Division considers the pool and the spa to be one structure not, "multiple
pools and/or spas built adjacent to each other'' with a deck in between. Both the pool
and the spa are part of the original pool shell and not a separately constructed pool and
spa. There is no deck between the pool and spa. The Building Division contends that
Section 3114B.2 only applies if there is a deck between pools or a pool and a spa. As
there is no deck between the Best Western pool and the spa, Section 3114B.2 is
inapplicable and there is no requirement for a six foot separation. In addition, the
Building Code does not prohibit the construction of two pools separated by a wall.
Further, even if the pool and spa were to be considered a separate pool and ·Spa
requiring a six foot separation, Section 3107B.1 authorizes the approval of alternative
methods of construction provided the proposed design is satisfactory and at least
equivalent to that prescribed in suitability, strength, effectiveness, fire resistance,
durability, safety and sanitation or that the methods of installation conform to other
acceptable nationally recognized standards. The Building Division has determined that
the pool plans would qualify as an alternative method of construction and that the
methods of installation conform to other acceptable nationally recognized standards.
Staff sent an inquiry to the statewide Building officials message board and received
approximately twelve responses all concurring with the City Building Officials
interpretation.
Item 11.a. - Page 2
CITY COUNCIL
BEST WESTERN CASA GRANDE INN POOL APPEAL
AUGUST 12, 2014
PAGE3
ALTERNATIVES:
The following alternatives are presented for City Council consideration:
1. Adopt the Resolution upholding the appeal and approving the pool permit;
2. Do not adopt the Resolution and take tentative action to deny the appeal and direct
staff to return with a resolution denying the appeal;
3. Provide direction-to staff.
PUBLIC NOTIFICATION AND COMMENTS:
No public hearing is required for this item. The Agenda was posted in front of City Hall
on Thursday August 7, 2014 and placed on the City's website on Friday August 8, 2014.
ATTACHMENT:
1. Photograph of the project prior to construction.
2. Photograph of the project post construction.
Item 11.a. - Page 3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE UPHOLDING THE APPEAL OF THE DECISION OF THE
SAN LUIS OBISPO COUNTY HEAL TH DEPARTMENT, THEREBY
APPROVING THE POOL PLANS SUBMITTED BY BEST WESTERN
CASA GRANDE INN
WHEREAS, Section 3103B.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 rej~cted 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
Item 11.a. - Page 4
RESOLUTION NO.
PAGE2
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 31 B, 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 3107B.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.
On motion of Council Member , seconded by Council Member
and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
the foregoing Resolution was passed and adopted this 1 ih day of August, 2014.
Item 11.a. - Page 5
RESOLUTION NO.
PAGE3
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 11.a. - Page 6
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1
BEFORE Item 11.a. - Page 7
ATTACHMENT 2
Item 11.a. - Page 8