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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 AT T A C H M E N T 1 BEFORE Item 11.a. - Page 7 ATTACHMENT 2 Item 11.a. - Page 8