2017-10-04 CBA Minutes
CONSTRUCTION BOARD OF APPEALS 1 OCTOBER 4, 2017
CONSTRUCTION BOARD OF APPEALS
MINUTES
WEDNESDAY, OCTOBER 4, 2017
CALL TO ORDER
A meeting of the La Quinta Construction Board of Appeals was called to order at 2:02
p.m. in the La Quinta City Hall Study Session Room by Board Member Venuti.
PRESENT: Board Members Edwards, Leonhard, Morris, Venuti and
Wolff
ABSENT: None
STAFF PRESENT: City Attorney William Ihrke, Assistant City Attorney Morgan
Gallagher, Building Official Burt Hanada, Board Secretary
Wanda Wise-Latta, Office Assistant Mirta Lerma and
Building Inspector Jacob Fuson.
APPELLANTS PRESENT: Mr. Ken Duce
OTHERS PRESENT: Peter MacDonald, Land Use Attorney
Neville Pereira, P.E., Transtech Engineers
PLEDGE OF ALLEGIANCE
Board Member Morris led the Commission in the Pledge of Allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None
CONFIRMATION OF AGENDA
It was noted for the record by Board Secretary Wanda Wise-Latta that Attachment C
to Business Session Item No. 3 in the agenda packet was incorrect and the correct
document was distributed to the Board; and copies made available to the public.
Agenda confirmed.
CONSENT CALENDAR - None
PUBLIC HEARING - None
CONSTRUCTION BOARD OF APPEALS 2 OCTOBER 4, 2017
BUSINESS SESSION ITEMS
City Attorney William Ihrke introduced himself and introduced Assistant City Attorney
Morgan Gallagher and stated that Ms. Gallagher was present in an advisory role to the
Board regarding Business Item No. 3. He also advised the Board Members of their role
as set forth in the City of La Quinta Municipal Code.
City Attorney Ihrke advised that he had been advising and continued to advise City
staff with respect to the application and recommendations for staff as part of the
initial determination by the city building official and during the administrative appeal.
Assistant City Attorney Gallagher had not been involved in such advocacy or advising,
and had remained neutral from advising staff during the course of the application
process.
1. ELECTION OF CHAIRPERSON
MOTION – A motion was made and seconded by Board Members Morris/Venuti
to select Board Member Leonhard to serve as Construction Board of Appeals
Chairperson. Motion passed unanimously.
Chairperson Venuti assumed the duties of presiding officer for the remainder of
the meeting.
2. ELECTION OF VICE CHAIRPERSON
MOTION – A motion was made and seconded by Board Members Wolff and
Leonhard to select Board Member Venuti to serve as Construction Board of
Appeals Vice Chairperson. Motion passed unanimously.
3. APPEAL OF THE DECISION OF THE BUILDING OFFICIAL REGARDING
ALTERNATIVE MATERIALS AND METHODS REQUEST BY KEN AND CATHY DUCE.
City Attorney Ihrke advised the Board that in accordance with California case law, he
was stepping aside and allowing Assistant City Attorney Gallagher, who had not been
involved in the matter or with its participants; to advise the Board procedurally and
answer their questions.
Building Official Burt Hanada presented the staff report, which is on file in the Design
and Development Department.
Board discussion followed regarding flood zones in relationship to Mr. Duce’s property;
the proposed adjusted building pad height; impact of moisture on the alternative
material proposed by Mr. Duce; Mr. Duce’s request to use alternative materials and
construction methods is the first such request received by staff; nuisance or danger to
surrounding properties; neighbors’ awareness of the use of the alternative materials
CONSTRUCTION BOARD OF APPEALS 3 OCTOBER 4, 2017
and methods of construction; and the disclosure covenant and indemnification of the
City.
City Attorney Ihrke advised the Board that there are state laws that require the City to
follow all building codes.
Assistant City Attorney Gallagher stated that the City has the obligation to uphold the
California Building Code.
PUBLIC SPEAKER: Ken Duce, Missoula, MT - introduced himself as the applicant and
introduced Peter McDonald of Pleasanton, CA.
Mr. Duce presented his proposal to use alternative materials and methods of
construction and responded to the Board’s question regarding the width of the
exterior walls.
PUBLIC SPEAKER: Peter McDonald, Pleasanton, CA – Mr. McDonald provided additional
information regarding the exterior wall construction; the use of wood moisture
sensors; and testing of the alternative materials and methods of construction.
Mr. Duce advised on the proposed wall assembly and his proposed use of energy-
recovery ventilator address moisture in the interior of the home.
Board discussion followed regarding the use of proven methods and tested materials
for construction.
Building Official Hanada stated that the materials used in the construction of a
building would typically be certified by the California State Energy Commission.
A Board Member asked if the proposed wall assembly had been built elsewhere and
Mr. Duce responded no. The Board asked if any state had approved any part of the
products being proposed for use by the applicant.
Assistant City Attorney Gallagher read from the California Building Code standards
regarding the options available to the Board in making their determination.
Mr. McDonald and Mr. Duce provided information regarding the construction of the
roof deck.
The Board inquired if they approved any part of Mr. Duce’s request would it be subject
to only Mr. Duce’s project and no other project. City Attorney Ihrke indicated that the
proposed alternative materials and methods of construction have not been approved
and the Code has specific provisions to allow for testing, which can be interpreted as
testing done before construction; however, the applicant is proposing to conduct
testing and monitoring after construction; and should the materials and construction
fail, what is the alternative to address the failure.
CONSTRUCTION BOARD OF APPEALS 4 OCTOBER 4, 2017
Mr. Duce shared information regarding the use of plastic stucco.
Board discussion followed regarding the experimental nature of Mr. Duce’s proposed
home construction which is not currently allowed under State or City Code; the risk if
the proposed alternative materials and methods of construction should fail and the
impact of such a failure on the neighbors; and the impact staff should the proposed
building become a nuisance.
Mr. Duce commented on building a similar structure in other areas of the country and
other climates using the proposed alternative materials.
Board discussion followed regarding Mr. Duce’s option to appeal the Board’s action to
the City Council should the Board deny his request.
Building Official Hanada discussed the use of a special inspector and the appropriate
qualifications.
PUBLIC SPEAKER: Neville Pereira, P.E., Transtech Engineers – discussed the proposed
alternate building materials and chain of custody and storage such materials.
Board discussion followed regarding the impact of construction defects and the
assurance that construction plans are followed.
Mr. Hanada discussed the plan review process and addressing specific concerns
regarding the proposed materials.
Board discussions followed regarding possible conditions of approval.
Mr. Duce provided information regarding Graymont, a producer of lime and limestone
products.
Assistant City Attorney Morgan advised the Board that the Board can condition the
approval.
Board discussion continued regarding a possible motion and conditions of approval
that would include the use of qualified inspectors; quality control of products and
materials used; a covenant to address public nuisance should the alternative
materials and construction methods used in the construction fail; and deed restriction
regarding the sale of the property in the future.
City Attorney Ihrke advised that the matter could be continued in order to work on
language related to the Conditions of Approval and reconvene at a future date to
review and approve the Conditions of Approval.
CONSTRUCTION BOARD OF APPEALS 5 OCTOBER 4, 2017
Mr. Neville shared is concerns regarding the use of untested alternative materials and
construction methods.
The Board asked Mr. Duce if there was any reinforcement in the proposed concrete
block wall and Mr. Duce responded no. Mr. Duce stated that his structural engineer
will address the correction list provided by Esgil Engineering on behalf of the City upon
the approval of his request to use alternative materials and methods of construction.
Building Official Hanada clarified that the City’s consultant, Esgil Corporation, has
completed a review with corrections that the Mr. Duce will have to address. He also
stated that the structural requirements for the State of California and Energy review
are in process and have not been approved. He stated that with regards to the hiring
of special inspectors, the City would approve the inspector’s qualifications and it is
typically the owner’s responsibility to hire the special inspectors.
MOTION: Motion was made by Board Members Wolff/Venuti to modify the decision of
the Building Official regarding alternative materials and methods of construction for a
roof and wall system in the construction of a one-story, single-family dwelling that
incorporates lime masonry blocks, lime-treated insulation and lime plaster finish for
proposed project to be located at 51335 Calle Hueneme and, subject to a continuance
in order to establish conditions of approval to address the following:
• Need for qualified special inspector(s);
• Quality control of the alternative materials used;
• Covenant to address the proposed project should it become a public nuisance;
• Covenant to be attached to property disclosing approval of said project;
• Establish specific types of paint and stucco to be used in the maintenance of
the proposed project;
• Indemnification of the City of La Quinta;
• Address the costs borne by the City and implementation issues as the result of
the additional inspections that may be required and
• Other conditions consistent with the intent of the Board.
AYES: Board Members Edwards, Venuti and Wolff. NOES: Chairperson Leonhard and
Board Member Morris. ABSENT: None. ABSTAIN: None. Motion passed.
CORRESPONDENCE AND WRITTEN MATERIALS - None
BOARD MEMBER ITEMS - None
ADJOURNMENT
There being no further business, it was moved and seconded by Board Members
Leonhard/Venuti to adjourn this meeting at 4:23 p.m. Motion passed unanimously.
CONSTRUCTION BOARD OF APPEALS 6 OCTOBER 4, 2017
Respectfully submitted,
WANDA WISE-LATTA, Board Secretary
City of La Quinta, California