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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