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HomeMy WebLinkAbout2019-10-14 BOAA Agenda Packetm o CHUlAVISfA Board of Appeals & Advisors REGULAR MEETING OF THE BOARD OF APPEALS & ADVISORS OF THE CITY OF CHULA VISTA October 14, 2019 5:15 p.m. CALL TO ORDER Conference Room 137 Public Service Bldg `B" 276 Fourth Ave., Chula Vista ROLL CALL: Chair Doria, Committee Members: Combs, Luli, and Scla£ani CONSENT CALENDAR The Board/Commission will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Board/Commission Member, a member of the public, or staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a 'Request to Speak"form and submit it to the Secretary prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. Approval of Minutes: February 27, 2019 and March 11, 2019 Staff recommendation: Board approves the minutes. PUBLIC COMMENTS Persons speaking during Public Comments may address the Board/Commission on any subject matter within the Board/Commission's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Board/Commission from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Board/Commission may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Board/Commission and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak"form and submit it to the Secretary prior to the meeting. 2. Elect new Chair and Vice Chair for fiscal year 2019/20. Staff recommendation: Board elect new Chair and Vice Chair. I Ordinances adopting the various 2019 California building codes. Staff recommendation: Board recommend to City Council the adoption of the various 2019 Editions of the California building codes. OTHER BUSINESS 4. STAFF COMMENTS 5. CHAIR'S. COMMENTS 6. COMMISSIONERS'/BOARD MEMBERS' COMMENTS ADJOURNMENT to the regular meeting on November 11, 2019 in Development Services Conference Room 137 Chula Vista, California. Materials provided to the Board of Appeals & Advisors related to any open -session item on this agenda are available for public review in the Public Service Bldg B, Front Counter Reception area, during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the Human Resources Department at (619) 691-5041 (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. I declare under penalty of perjury that I am employed by the City of Chula Vista In Development Services and that I posted this document on the bulletin board accon ing to Brown Act requirements. Dated c �-\A Signed "` - Page 2 1 Board of Appeals & Advisors Agenda October 14, 2019 AWITEM NO. 1 MINUTES OF A SPECIAL MEETING OF THE BOARD OF APPEALS & ADVISORS OF THE CITY OF CHULA VISTA February 27, 2019 5:15 p.m. A Special Meeting of the Board of Appeals & Advisors of the City of Chula Vista was called to order at 5:21 p.m. in Executive Conference Room 103, located at Public Service Bldg. "A", Chula Vista, California. The meeting was started after 5:15 p.m. because they were waiting for Chair Doria to arrive. ROLL CALL PRESENT: Vice Chair Combs and Member Sclafani ABSENT: Chair Doria ALSO PRESENT: Lou El-Khazen, Building Official, Carol Trujillo, Deputy City Attorney, Megan McClurg, Deputy City Attorney, Justin Berkley, Fire Inspector, Brian Catacutan, Senior Code Enforcement Officer, Daniel Padilla, Code Enforcement Officer and Secretary Rice CONSENT CALENDAR 1. Approval of Minutes: January 23, 2019 Staff recommendation: Board approves the minutes. ACTION: Member Sclafani moved to approve staff s recommendations and offered Consent Calendar Item 1. Vice Chair Combs seconded the motion, and it carried 2-0-0-1. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS None ACTION ITEMS 2. Appeal of a Notice and Order to Vacate, 1161 Third Avenue, Chula Vista, California Building Official El-Khazea informed the Board they had received a request form the Law Offices of Michael E. Cindrich APC, the attorney for the appellant, to continue the appeal hearing because Mr. Cindrich had a trial in Sacramento County and would not be able to Page 11 Board of Appeals & Advisors Minutes February 27, 2019 attend the meeting. Ms. McClurg, Deputy City Attorney confirmed she had verified with the district attorney for Sacramento County that Mr. Cindrich was the attorney of record and the trial could last up to 7 or 8 days. The Board inquired if there were other attorneys in the law firm that could represent this case. Attorney McClurg said she had spoken with an attorney at that law firm and was informed there was an exclusive representation agreement between the appellant and attorney Michael Cindrich and only he could represent the client at the hearing tonight. The Board inquired as to when staff was contacted about the continuance and when they were notified by staff of the appeal hearing. Ms. McClurg said they received the request for the continuance on Monday, February 25, 2019. Building Official EI-Khazen commented Mr. Cindrich was notified of the meeting 2 weeks in advance and the packet was sent via certified mail and 1" Class mail on February 11, 2019. Ms. McClurg noted that neither appellant nor appellant's attorney mentioned the possibility of a scheduling conflict, or unavailability, until February 25, 2019. She also informed the Board that the law firm had requested continuance as to other hearings, including a second hearing scheduled for earlier in the day, based on Mr. Cindrich's unavailability. Staff told the Board they had informed the Appellant's law firm they would present the request to continue the appeal hearing and reasons therefore but the decision to continue the hearing was the Board's. The Board discussed the importance of providing due process but decided the allegations that the building was currently occupied and was dangerous to human life required the Board's review of the Notice and Order of Dangerous Building, as noticed, at the February 27, 2019 special meeting. They were of the opinion, when it came to granting a continuance, if they have reasons to believe the business wasoperating illegally they would be less inclined to do so. The Board denied Appellant's request to continue the requested appeal hearing. Deputy City Attorney Trujillo presented Vice Chau Combs with a script outlining the protocol and procedures for the hearing on Appeal of Notice and Order of Dangerous Building at 1161 Third Ave. The Building Official, Code Enforcement Officers and Fire Inspector were sworn in by Vice Chair Combs. Building Official El-Khazen gave an overview of the appeal of Notice and Order to Vacate 1161 Third Avenue. The property owner was PGN 198, LLC and the tenants were Chula Vista Exotics. The appellant's representative the Law Offices of Michael E. Cindrich APC were not at this meeting today. Chula Vista Exotics was an illegal cannabis business located at 1161 Third Avenue (the "Property"). The illegal business contained unpermitted construction alterations including but not limited to interior walls, electrical, doorways, and an anpermitted use resulting in an unsafe building as it was improperly occupied, had inadequate egress, was a potential fire hazard, was being maintained as a public nuisance, and was otherwise dangerous to human life. Since August of 2017, staff had been taking enforcement action against the business and property owner to stop the illegal business and restore the property to its original status. The business and property owner have ignored the many legal notices issued to them and continued to operate with disregard to local and State rules and regulations. The City issued a Notice and Order to Vacate, which was being appealed to the Board. Page 2 1 Board of Appeals & Advisors Minutes February 27, 2019 NM ? Mr. EI-Khazen went over some of the codes and regulations that were listed in the staff report and applicable to the case. They were as follows: CVMC 1.3.040 states whenever a public nuisance is declared; it may be abated in accordance with the municipal code.; CVMC 15.06.060(E) Occupancy Violations; CVMC 15.06.065(D) Unsafe buildings; CVMC15.06.075(A) Unlawful acts; CVMC 15.06.075(B) Notice of Violations; CVMC 15.06115(A) Certification of Occupancy. Daniel Padilla, Code Enforcement Officer reviewed the case history, summarized in the staff report, that described the efforts they had taken since August 2017 dealing with different property owners and an unpermitted cannabis business tenant. Justin Berkley, Fire Inspector reviewed the inspection report of June 2018. He noted when they arrived at the property there were 3 blocked exits. One from the main entrance facing Third Avenue, and two along the driveway with only one way to get in and out of the building through the back door. In addition to inadequate egress, there were several code violations that included: the presence of unpermitted magnetic locking doors, unpermitted interior doors, missing signage, illegal electrical and general building without permit violations. These illegal improvements were deemed to be a fire hazard and could create life and safety issues in the event of a fire, medical emergency or natural disaster. Staff presented the tenant with the corrections that would have to be made and advised them to call for a reinspection when they were ready. The tenant never called back to schedule the reinspection. Building Official El-Khazen concluded the building at the Property is currently being used as an illegal business, contains unpermitted construction alterations, is being maintained as a public nuisance, and is otherwise dangerous to human life. The business and Property owners have ignored the Notices issued to them. As a result, City staff respectfully recommends that the Board of Appeal and Advisors deny the alleged Property tenant's appeal of the Notice and Order of Dangerous Building and uphold the Building Officials and Fire Marshal's determination that the building at 1161 Third Avenue is improperly occupied, is unsafe, and is being maintained as a public nuisance. Mr. EI-Kbazen further added that he would like to recommend that the Board move to admit the entire packet as evidence. ACTION: Vice Chair Combs made a motion to admit the entire packet into evidence. Member Sclafani seconded the motion and it carried 2-0-0-1. The Board asked for clarification on staffs recommendation concerning alleged "Property tenant's" if that was an error? Mr. E!-Khazen explained they were referring to the "tenant" The appellant's counsel was representing the tenant, Chula Vista Exotics, even though PNG 198 was the property owner. Attorney McClurg confirmed that was correct. The Property owner did not appeal the Notice to Vacate just the tenant, and since they alleged they had a legal interest in the property they Page 3 1 Board of Appeals & Advisors Minutes February 27, 2019 NRa were able to request an appeal. Mr. El-Khazen said the correction they would like to make is that Chula Vista Exotics is the appellant. ACTION: Vice Chair Combs made a motion to accept the change that staff requested. The packet will reflect the change and be accepted into evidence. Member Sclafani seconded the motion and it carried 2-0-0-1. Deputy City Attorney McClurg pointed out another correction to make. In the packet they refer to a Notice in Order to Vacate. However, in Exhibit 8 of the packet the correct title was Notice and Order of Dangerous Building. She wanted the record to reflect that change. ACTION: Vice Chair Combs made a motion to accept that change into the packet. Member Sclafani seconded the motion and it carried 2-0-0-1. ACTION: Vice Chair Combs made a motion that the Property is currently being used as an illegal business, contains unpermitted construction alterations, is being maintained as a public nuisance, and is otherwise dangerous to human life. The business and Property owners have ignored the Notices sent to them. As a result, he recommends that they deny appeal of the Notice and Order of Dangerous Building and uphold the Building Officials and Fire Marshal's determination that the building at 1161 Third Avenue is improperly occupied, is unsafe, and is being maintained as a public nuisance. Member Sclafani seconded the motion and it carried 2-0-0-1 with Chair Doria absent. 3. Consideration of the Findings and Decision on the Appeal of a Notice and Order to Vacate, 1283 Third Avenue, Chula Vista, California, as an Unsafe Building and a Public Nuisance, which the Board denied on January 23, 2019 and upheld the Building Official's recommendation; if approved, directing Chair Jose Doria to execute same. Mr. El-Khazen stated the Board had reviewed this case on January 23, 2019 and staff was bringing it forward for formal approval and signature of the Board of Appeals and Advisors. Deputy City Attorney Trujillo asked that Vice Chair Combs read and approve the written findings. Vice Chair Combs pointed out that Chair Doria's name was noted as approver and would strike through it putting his own name and sign the document. Ms. Trujillo stated that would be acceptable. ACTION: Vice Chair Combs made a motion to execute the Findings and Decision that are before the board tonight. Member Sclafani seconded the motion and it carried unanimously 2-0-0-1. INFORMATION ITEM 4. Review of an Ordinance of the City of Chula Vista amending Chapter 15.06 of the Chula Vista Municipal Code to comply with State law. Mr. El-Khazen handed out a revised draft of the proposed ordinance listing minor l - changes. He reviewed the proposed ordinance and changes. He explained that currently Page 4 1 Board of Appeals & Advisors Minutes February 27, 2019 when an application for permit is submitted it will expire in 180 days. If the applicant wishes to extend they can apply for an extension and if the reasons are justified the Building Official can, per the municipal code, extend for one time. The same thing happens to a building permit once it is issued. The proposed amendment will allow the City to keep the permit active for 12 months and gives the Building Official the authority to grant as many extensions that are necessary and reasonable: If a code has changed, per State law, and they have not issued the permit, the application needs to be brought up to current code standards and charged the applicable fees. The same standards will apply for a residential and commercial permit. The proposed Ordinance amendments will go to City Council on March 12, 2019. OTHER BUSINESS 5. STAFF COMMENTS - Mr. EI-Kbazen commented he had talked to Chair Doria and the reason he could not attend tonight's meeting was due to his spouse being ill. The Board said they would excuse Chair Dona at the next meeting. 6. CHAIR'S COMMENTS - Vice Chair Combs inquired about the status of the Bayfront project. Mr. El-Khazen stated construction bad not started but grading permits were issued. The city is waiting on the RV park to vacate because part of the grading includes that property. In terms of plan review, there have been discussions with the architects regarding alternate methods and materials and interpretation of codes. Overall, the project is moving forward. 7. COMMISSIONERS'/BOARD MEMBERS' COMMENTS - Member Sclafani inquired if there were any prospects to fill the vacancies on the Board of Appeal & Advisors. Staff replied that he has been in contact with the City Clerk and so far, there weren't any prospects. Member Sclafani mentioned he had reached out to a few individuals and was wondering if they had applied. ADJOURNMENT At 6:10 p.m., Vice Chair Combs adjourned the meeting to a Regular Meeting on March 11, 2019 at 5:15 p.m. in Conference Room 137 located at Public Service Bldg `B", 276 Fourth Avenue, Chula Vista, California. Rosemarie Rice, Secretary Page 5 1 Board of Appeals & Advisors Minutes February 27, 2019 D°a MINUTES OF A REGULAR MEETING OF THE BOARD OF APPEALS & ADVISORS OF THE CITY OF CHULA VISTA March 11, 2019 5:15 p.m A Regular Meeting of the Board of Appeals & Advisors of the City of Chula Vista was called to order at 5:15 p.m. in Conference Room 137, located at Public Service Bldg. `B", Chula Vista, California. ROLL CALL PRESENT: Chair Dona and Member Combs and Sclafani ABSENT: None ALSO PRESENT: Lou El-Kbazen, Building Official, Carol Trujillo, Deputy City Attorney, Megan McClurg, Deputy City Attorney, Brian Catacutan, Senior Code Enforcement Officer, Daniel Padilla, Code Enforcement Officer, Secretary Salvacion and Ernie Chen, legal counsel for Appellant CONSENT CALENDAR ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS None ACTION ITEMS 1. Consideration of the Findings and Decision on the Appeal of a Notice and Order of Dangerous Building, 1161 Third Avenue, Chula Vista, California, as an Unsafe Building and Public Nuisance, which the Board denied on February 27, 2019 and upheld the Building Officials recommendation; if approved, directing Vice Chair Combs to execute the same. Building Official El-Khazen stated the Board had reviewed this case on February 27, 2019 and staff was bringing it forward for formal approval and signature of the Board of Appeals and Advisors. Ernie Chen, Legal Counsel, for Appellant at 1161 Third Avenue stated regarding the board meeting on February 27, 2019 the appellant demonstrated good cause and believed the Board Page 1 I Board of Appeals & Advisors Minutes March 11, 2019 MEMO IMMUNE should reconsider the appellant's request to continue the meeting instead of finding that the property is in violation of the alleged violations. In his opinion, the decision to move forward despite Mr. Cindrich's unavailability amounted to a deprivation of due process of his client. His client had made arrangements, as he explained to Ms. McClurg, that Mr. Cindrich was the attorney that was going to be appealing the City's allegations. Mr. Cindrich is still in trial he has been in trial since February 7, 2019. He pointed out the city agenda potentially contains inaccuracies or at a minimum some misleading statements namely on the first page on Item 1, second paragraph 7 lines down, middle of the page 1 of 3. "Staff informed the Board that they confirmed with Sacramento County that Michael Cindrich was in trial there starting February 25, 2017 and that the trial might last seven to eight days". Mr. Chen noted the typo's concerning year and said Mr. Cindrich has been in trial since February 7" so this was not a last-minute request. Starting February 7", the initial prognosis of that trial was 7 to 8 days. He would have been available but for that trial which he is currently in today. Based on that information he believed the Board's decision to not continue the hearing for Mr. Cindrich to have an opportunity to be heard on merits is improper. Deputy City Attorney McClurg clarified the information from Sacramento County was a conversation she personally had with the Sacramento County District Attorney's Office who said they were in trial with Michael Cindrich starting Monday, which was February 25, 2019. Whether they meant starting or restarting she did not know, but they did confirm he was in trial in Sacramento County as he presented. She was trying to confirm the information they gave not in anyway to detract from it. The facts remain the same that there was a dangerous building at this location and that circumstance alone was a greater consideration to the board. The potential danger that it posed to the public took precedent over any request that they made. It was generally felt by the Board and the City that Mr. Cindrich had other attorneys in the office that could have come and represented the appellant. While it was understood there was an exclusive representation agreement, when you have other attorney's and need coverage for conflicting things they felt it was incumbent on their office to find coverage for hearings they could not attend. Ms. McClurg stated the City stands by the Board's final determination that it was imperative to go forward when they did based on the severity of the allegations at this location. Deputy City Attorney Truijllo, asked Mr. Chen if he had the client's authority, if Mr. Cindrich has an exclusive agreement, to appear on their behalf at this hearing? Mr. Chen replied he had been in communication with the client, but he had not authorized him, he was here at the hearing to passively represent him. The client is frustrated with their law office and the City. The Sacramento trial is the longest trial Mr. Cindrich has been a part of. He believed it was in it's 5`h week of trial. In the meantime, Mr. Chen has been in constant contact with Ms. McClurg and they've tried to reschedule other hearings before this City and they have been successful on at least one occasion. Although they've had to continue the hearing because Mr. Cindrich was not available due to being in trial in Sacramento. Ms. McClurg stated Mr. Chen had been communicating with her and they did continue another hearing where they also asked for a continuance but again they continued it and they asked Page 2 1 Board of Appeals & Advisors Minutes March 11, 2019 YASY for another continuance after that. The City's concern is when you are in a gigantic long- term trial you need someone to cover your matters. You should provide people to fill in for something especially when its an issue that involves an unsafe building that the public is entering and exiting and where violations continue to exist. Chair Doria asked staff if there were any comments concerning this issue. Mr. El-Khazen said it was a serious issue and they needed to address it as soon as possible. To keep continuing it made no sense. During the discussion the Board questioned Mr. Chen whether their law office tried to convince the client to consider him or the other attorney in the practice to represent them. Mr. Chen stated as far as he knew he had convinced them passively to allow him to appear today on his behalf, but regarding any prior hearings he personally did not do that. His involvement in this matter was only to communicate with Ms. McClurg that Mr. Cindrich was not going to be available by email since he was inundated with trial. He could not speak as to whether Mr. Cindrich had attempted to get his client to reach an alternate agreement. The Board felt their primary responsibility, of this board, was to protect the citizens of Chula Vista. They had ample reasons to believe from the fire marshal and inspectors there were legitimate aspects of the building that were unsafe to the public. They did discuss the need for their client's due process; however, at the same time to the extent that the business continues to operate there would be a hazard to the citizens of Chula Vista. The depision they took at the last meeting, February 27, 2019, was to uphold the Notice to Vacate and deny the appeal for that reason. Chair Doria asked if this would be their final decision both members Sclafani and Combs concurred that it would. Deputy City Attorney McClurg asked Mr. Chen if he wanted to present evidence tonight or was he wanting to argue as to the continuance. Mr. Chen replied to the latter. Staff asked the Board if they would make a motion to correct page 1 of Item 1, second paragraph, 7 lines down, middle of the page the correction of date February 25, 2017 to 2019 and on line 12 correction of date February 25, 2017 to 2019. ACTION: Vice Chair Combs made a motion to correct the date at Mr. Chen's request and keep with their original decision to approve the Findings and Decisions on a Appeal of a Notice and Order of Dangerous Building, 1161 Third Avenue, Chula Vista, California, as an Unsafe Building and a Public Nuisance, which the Board denied on February 27, 2019 and upheld the Building Official's recommendation; if approved, directing him to execute the same. Member Sclafani seconded the motion and it carried 3-0. Page 3 1 Board of Appeals & Advisors Minutes March 11, 2019 WE Attorney Chen asked staff what the exact amendment was to Item 1. Deputy City Attorney Trujllo said Mr. Chen had pointed out the date where there was February 25, 2017 in two places half -way down the page and then there was another reference to February 25, 2017 just below that. The board's motion would be to change the 2017 to 2019. Mr. Chen asked the Board to consider his representation that the trial has been ongoing since February 7, 2019. Ms. McClurg said they could strike out there starting (on line 8) and the sentence would read: Staff informed the Board that they confirmed with Sacramento County that Michael Cindrich was in trials February 25, 2019 and that the trial may last seven to eight days. Mr. Chen said his client would like to have on the record, with the board's approval, that he has been in trial since February 7, 2019. Ms. McClurg said she would find a way to incorporate Mr. Chen's information to accurately reflect for the record that he represented to the board that Mr. Cindrich had been in trial since February 71h. Mr. Chen concurred with that. Deputy City Attorney Trujillo said she would make the corrections to the Findings and Decision document today and Vice Chair Combs could sign it. They would provide Mr. Chen with a copy of it. OTHER BUSINESS 2. STAFF COMMENTS- None 3. CHAIR'S COMMENTS -None 4. COMMISSIONERS'BOARD MEMBERS' COMMENTS- None ADJOURNMENT At 6:06 p.m., Chair Doria adjourned the meeting to a Regular Meeting on April 8, 2019 at 5:15 p.m. in Conference Room 137 located at Public Service Bldg `B", 276 Fourth Avenue, Chula Vista, California. Rosemarie Rice, Secretary Page 4 1 Board of Appeals & Advisors Minutes March 11, 2019 BOARD OF APPEALS AND ADVISORS R-ev\SeA \-)\\\,A\\q Meeting Date: 10/14/2019 Subject: Ordinances adopting the various 2019 California building codes Submitted By: Lou El-Khazen, Building Official Justin Gipson, Fire Division Chief SUMMARY: The California Building Standards Commission has mandated that jurisdictions within the State start enforcing the 2019 Editions of the California building codes. on January 1, 2020. The adoption of California building codes is a routine action undertaken by the City in response to State adopted building. codes. This action allows the City to incorporate appropriate local amendments into the enforcement program. RECOMMENDATION: Recommend to City Council the adoption of the various 2019 Editions of the California building codes. DISCUSSION: As mandated by the California Building Standards Commission (CBSC), jurisdictions within the State shall begin enforcing the 2019 Editions of the California building codes on January 1, 2020. Every three years, the State adopts and amends the newest model codes published by the various independent code -developing bodies. New State building codes take effect one -hundred and eighty (180) days after they are published to allow local jurisdictions time to adopt local amendments to the State building codes before they take effect. Local amendments cannot be less restrictive than the State building codes and must be based on findings that the amendments are necessary because of local climatic, geological or topographical conditions. Local amendments are not effective until the amendments have been filed with the CBSC. Most of the proposed local amendments currently exist in our Municipal Code, as amendments to the current building codes adopted by the City and are being proposed for re -adoption as the City adopts the 2019 codes. The 2019 California codes are updated editions to the current codes that are enforced locally and throughout the state and therefore it should not be difficult for staff and the industry to incorporate into their current practices. The following are brief discussions on the various ordinances adopting the 2019 building codes: Proposed Ordinance "A" - 2019 California Building Code The proposed ordinance adopts the 2019 California Building Code and proposes the re -adoption of existing local amendments to the current Building Code adopted by the City. Proposed Ordinance `B" - 2019 California Residential Code The proposed ordinance adopts the 2019 California Residential Code. Staff is not proposing any local amendments to the code. Board of Appeals and Advisors Meeting Date 10/14/2019 Page 2 of 4 Proposed Ordinance "C" - 2019 California Referenced Standards Code The proposed ordinance adopts the 2019 California Referenced Standards Code. Staff is not proposing any local amendments to the code. Proposed Ordinance "D" 2019 California Green Building Standards Code The proposed ordinance adopts the 2019 California Green Budding Standards Code and proposes the re -adoption of existing local amendments to the current Green Building Standards Code adopted by the City. Proposed Ordinance "E" 2019 California Existing Building Code The proposed ordinance adopts the 2019 California Existing Building Code. Staff is not proposing any local amendments to the code. Proposed ordinance "F" - 2019 California Mechanical Code The proposed ordinance adopts the 2019 California Mechanical Code. Staff is not proposing any local amendments to the code. Proposed Ordinance "G" - 2019 California Electrical Code The proposed ordinance adopts the 2019 California Electrical Code and proposes the re -adoption of existing local amendments to the current Electrical Code adopted by the City except 15.24.065, Photovoltaic Pre -wiring Requirements. The reason for proposing not to re -adopt 15.24.065 is that the pre -wiring that has been installed because of 15.24.065 has seldomly been used by Photovoltaic (PV) installers. PV installers are reluctant to use conduits installed by others due to unknown workmanship and concern of liability. In addition, the 2019 Energy Code compels new residential developments to install PV systems on new residential homes and requires new homes to be solar - ready. The requirements of 15.24.065 have not facilitated the installation of PV, and therefore; staff sees no benefit in continuing to require it. Proposed Ordinance "H'- 2019 California Energy Code The proposed ordinance adopts the 2019 California Energy Code and proposes the re-adopfion of 15.26.020, Outdoor lighting zones. Section 15.26.030, Reduced power allowance for specific outdoor lighting applications, is not proposed for re -adoption because the reduced allowances in 15.26.030 are in the 2019 California Energy Code and therefore; there is no need for the amendment. Proposed Ordinance "I" - 2019 California Plumbing Code The proposed ordinance adopts the 2019 California Plumbing Code and proposes the re -adoption of 15.28.020, Residential Graywater Stub -out. Staff proposes to not re -adopt 15.28.015, Solar Water Heater Pre-phunbing. The reason for not re -adopting 15.28.015 is that, despite State incentives, homeowners have not shown interest in installing Solar Hot Water Heaters (SHWH). Based on our tracking system, since 2010, only five (5) residential systems were installed. In addition, similar to pre -wiring for photovoltaic, installers are reluctant to use conduits installed by others due to unknown workmanship and concern of liability. The requirements of 15.28.015 have not facilitated the installation of SHWH systems, and therefore; staff sees no benefit in continuing to require it. Proposed Ordinance "P' - 2019 California Fire Code Board of Appeals and Advisors Page 3 of 4 Meeting Date 10/14/2019 The proposed ordinance adopts the 2019 California Fire Code and proposes the re -adoption of existing local amendments, with minor adjustments, to the current Fire Code adopted by the City. Additionally, two new amendments under 15.36.060 and 15.36.065 have been added to adjust the location of standpipe hose connections and to memorialize vegetation clearances, respectively. Attachments: A. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.08 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA BUILDING CODE, 2019 EDITION. B. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.09 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA RESIDENTIAL CODE, 2019 EDITION. C. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.10 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA REFERENCED STANDARDS CODE, 2019 EDITION. D. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.12 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2019 EDITION. E. AN ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING CHAPTER 15.14 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA EXISTING BUILDING CODE, 2019 EDITION. F. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.16 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA MECHANICAL CODE, 2019 EDITION. G. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2019 EDITION. H. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.26 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ENERGY CODE, 2019 EDITION. I. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.28 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA PLUMBING CODE, 2019 EDITION. Board of Appeals and Advisors Meeting Date 10/14/2019 Page 4 of 4 J. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.36 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA FIRE CODE, 2019 EDITION. ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.08 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA BUILDING CODE, 2019 EDITION The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.08 That Chapter 15.08 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.08 BUILDING CODE Sections: 15.08.010 California Building Code, 24102019 Edition, adopted by reference. 15.08.020 Subsection 705.11 is amended to add an exception to the requirement for parapets. 15.08.030 Subsection 1510.6.4 is added to Section 1510.6 to require equipment enclosures on roofs. *Prior legislation: Prior code §§ 8.1 and 8.3; Ords. 778, 1315, 1570, 1727, 1770, 1901, 2027, 2155, 2341, 2439, 2506, 2507, 2639, 2644, 2780-B, 2831-A, 2872, 3088 and 3168. 15.08.010 California Building Code, 20162019 Edition, adopted by reference. There is hereby adopted by reference the California Building Code, 204-6-2019 Edition, known as the California Code of Regulations, Title 24 part 2, including Appendix C and Appendix I, and excluding Chapter 1, Division II of that document as copyrighted by the International Code Council, and the California Building Standards Commission. Said document is hereby adopted as the Building Code of the City of Chula Vista for regulating the erection, construction, enlargement, alteration, repair, moving, demolition, conversion, occupancy, use, height, and area of all buildings and structures in the City, excepting such portions as are hereinafter deleted, modified, or amended. Chapter 15.06 shall serve as the administrative, organizational and enforcement rules and regulations for this Chapter. 15.08.020 Subsection 705.11 is amended to add an exception to the requirement for parapets. Exception 7 is hereby added to Subsection 705.11 of the California Building Code, as it applies in Chula Vista, and shall read as follows: Exception 7. Conversion of existing Group R occupancies to offices. Ordinance No. Page 2 15.08.030 Subsection 1510.6.4 is added to Section 1510.6 to require equipment enclosures on roofs. Subsection 1510.64 is hereby added to Section 1510.6 of the California Building Code, as it applies in Chula Vista, and shall read as follows: Subsection 1510.6.4 Equipment Enclosure. Operating equipment, including piping and ducts located on the roof of a building, shall be shielded from view from public thoroughfares, and private and public parking lots. Equipment enclosures shall not be constructed so as to trap flammable or combustible vapors. Exception: Solar collectors. Does not include structural supporting members. Section 11. Findings and Declaration The City Council specifically and expressly finds and declares that adding section 15.08,020 and 15.08.030 to Chapter 15.08 is necessary due to local topographical conditions. As a result of the geographical layout of the City the City Council deems it aesthetically important to shield roof equipment enclosures from public view. Also, exempting conversion of existing Group R occupancies to offices from Subsection 705.11 of the California Building Code is an important historical exemption contained in the City Code from years past and the City Council deems this exemption necessary to preserve local topographical conditions. Section III. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section IV. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Ordinance No. Page 3 Section V. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2020. Section VI. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Kelly G. Broughton, FASLA Director of Development Services Approved as to form by Glen R. Googins City Attorney c I ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.09 TO THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA RESIDENTIAL CODE, 2019 EDITION The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.09 That Chapter 15.09 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.09 RESIDENTIAL CODE Sections: 15.09.010 California Residential Code, 2016-2019 Edition, adopted by reference. 15.09.010 California Residential Code, 30162019 Edition, adopted by reference. There is hereby adopted by reference the California Residential Code, 20162019 Edition, known as the California Code of Regulations, Title 24 part 2.5, including Appendix H,_Q, an6S V and X and excluding Chapter 1, Division Il of that document as copyrighted by the International Code Council and the California Building Standards Commission. Said document is hereby adopted as the residential code of the City of Chula Vista for regulating the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every detached one -and two-family dwelling, townhouse not more than three stories above grade plane in height with a separate means of egress and structures accessory thereto throughout the City, excepting such portions as are hereinafter deleted, modified, or amended. Municipal Code Chapter 15.06 shall serve as the administrative, organizational and enforcement rules and regulations for this Chapter. (Ord. 3384 § 1, 2016; Ord. 3285 § 1, 2013; Ord. 3169 § 1, 2010) Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Ordinance No. Page 2 Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2020. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.10 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA REFERENCED STANDARDS CODE, 2019 EDITION The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.10 That Chapter 15.10 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.10 REFERENCED STANDARDS CODE Sections: 15.10.010 California Referenced Standards Code, 3016x2019 Edition, adopted by reference. 15.10.010 California Referenced Standards Code, 2016x2019 Edition, adopted by reference. There is hereby adopted by reference the California Referenced Standards Code, know as California Code of Regulations, Title 24 part 12, 281E-2019 Edition, eseltidin Ghapte` 12 ' admin`s"ati"n " , as copyrighted by the California Building Standards Commission. Said document is hereby adopted as the referenced standards code of the City of Chula Vista, excluding Chaptef 12 1, for the purpose of providing minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, certain equipment, use and occupancy, location and maintenance of all buildings and structures within the City of Chula Vista. Chapter 15.06 CVMC shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Ordinance No. Page 2 Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2020. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.12 TO THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2019 EDITION The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.12 That Chapter 15.12 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.12 Green Building Standards Sections: Section 15.12.001 California Green Building Standards Code, 30162019 Edition, adopted by reference Section 15.12.005 California Green Building Standards Code Subsection 102.4 Section 15.12.001 California Green Building Standards Code, 2416-2019 Edition, adopted by reference There is hereby adopted by reference the California Green Building Standards Code, 2046 2019 Edition, known as the California Code of Regulations, Title 24 part 11, as copyrighted by the California Building Standards Commission. Said document is hereby adopted as the green building Code of the City of Chula Vista for enhancing the design and construction of buildings, building additions and alterations through the use of building concepts having a reduced negative impact or positive environmental impact and encouraging sustainable construction practices, excepting such portions as are hereinafter deleted, modified, or amended. Chapter 15.06 CVMC shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. Section 15.12.005 California Green Building Standards Code Subsection 102.4 Subsection 102.4 is hereby added to Section 102 of the California Green Building Standards Code, as it applies in Chula Vista, and shall read as follows: 102.4 Consultant Services. The Building Official may require the applicant to retain the services of a consultant having expertise in Green Building and/or energy efficiency techniques to review and evaluate complex systems and/or alternate methods or materials of construction and provide recommendations as to compliance with the requirements of this code. The cost of such consultant shall be paid by the applicant. Ordinance No. Page 2 Section IL Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2020. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING CHAPTER 15.14 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA EXISTING BUILDING CODE, 2019 EDITION The City Council of the City of Chula Vista does ordain as follows: Section I. Added Chapter 15.14 That Chapter 15.14 is hereby added to the Chula Vista Municipal Code to read as follows: Chapter 15.14 EXISTING BUILDING CODE Sections: 15.16.010 California Existing Building Code, 2016--2019 Edition, adopted by reference. 15.16.010 California Existing Building Code, 2416-2019 Edition, adopted by reference. There is hereby adopted by reference the California Existing Building Code, 24162019 Edition, known as the California Code of Regulations, Title 24, Part 10, di inclung Appendix Al, A2 A3, A4 and AW, and excluding Chapter 1, Division 11 thereof, as copyrighted by the International Code Council and the California Building Standards Commission. Said document is hereby adopted as the existing building code of the City of Chula Vista, providing for and regulating the repair, alteration, change of occupancy, addition to and relocation of existing buildings within the City. Chapter 15.06 CVMC shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. Section II. Severability If any portion of this Ordinance; or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction Ordinance No. Page 2 The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2020. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.16 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA MECHANICAL CODE, 2019 EDITION The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.16 That Chapter 15.16 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.16 MECHANICAL CODE Sections: 15.16.010 California Mechanical Code, 20102019 Edition, adopted by reference. 15.16.010 California Mechanical Code 3814-2019 Edition adopted by reference. There is hereby adopted by reference the California Mechanical Code, 241E-2019 Edition, known as the California Code of Regulations, Title 24, Part 4, including Appendix B and C, and excluding Chapter 1, Division II thereof, as copyrighted by the International Association of Plumbing and Mechanical Officials and the California Building Standards Commission. Said document is hereby adopted as the mechanical code of the City of Chula Vista, providing for and regulating the complete installation and maintenance of heating, ventilation, cooling and refrigeration systems within the City. Chapter 15.06 CVMC shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section HI. Construction Ordinance No. Page 2 The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2020. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney \C'CV\S-CX \O\\y\\�-\ ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2019 EDITION The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.24 That Chapter 15.24 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.24 ELECTRICAL CODE AND REGULATIONS* Sections: 15.24.010 California Electrical Code, 2@16 2019 Edition, adopted by reference. 15.24.035 Previously used materials. 15.24.045 Distribution panels - Separate required when. 15.24.050 Circuit cards to be posted when. 15.24.055 Electric fences - Defined - Prohibited. 15.24.060 Phase arrangement - Amended. 1524065 Phat..,.mePre wiFingv,.,. 15.24.010 California Electrical Code, 2016 Edition, adopted by reference. There is hereby adopted by reference the California Electrical Code, 291-6-2019 Edition, known as the California Code of Regulations Title 24, Part 3, as copyrighted by the National Fire Protection Association and the California Building Standards Commission. Said document is hereby adopted as the electrical code of the City of Chula Vista, regulating the installation, repair, operation and maintenance of all electrical wiring and electrical apparatus of any nature whatsoever, whether inside or outside of any building within the City, excepting such portions as are hereinafter deleted, modified, or amended. Chapter 15.06 CVMC shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. 15.24.035 Previously used materials. Previously used materials shall not be reused in any work without approval by the Building Official. 15.24.045 Distribution panels - Separate required when. Each store in a store building, each flat in a flat building, and each building used as a dwelling shall be so wired that each store, apartment, flat or dwelling shall have separate lighting and/or power distribution panels. Such panels shall not serve other portions of the building. Hotels, Ordinance No. Page 2 motels, hotel apartments and similar types of buildings may be wired from one or more distribution panels. 15.24.050 Circuit cards to be posted when. When requested by the Building Official, a complete schedule of circuits showing the number, kind and capacity of each outlet on each circuit shall be posted on each job prior to rough inspection. 15.24.055 Electric fences — Defined — Prohibited. A. As used herein, the term "electric fence" includes all fences which in any way use electrical energy as an additional deterrent or have wires charged with electricity which are not covered with adequate insulation to protect persons and animals coming in contact therewith. B. No electric fence may be constructed, maintained or operated within the City. 15.24.060 Phase arrangement — Amended. Section 408.3(E)(1) of the California Electrical Code is hereby amended to read: AC Phase Arrangement. Alternating-current phase arrangement on 3-phase buses shall be A, B, C from front to back,. top to bottom, or left to right, as viewed from the front of the switchboard or parelboard. The B-C' phase shall be that phase having the higher voltage to ground on 3-phase, 4-wire, delta-connected systems. Other busbar arrangements shall rnL�y be permitted for additions to existing installations and shall be marked. n Wei installation of a phateveltaie WV4 systeni whieh utilizes solar energy as a means to provide eleetneity. No building perenit shall be issued MRIeSS tile FeqUilefflORtS Of this SeeliOfl and the afff—a abuilding R The pfavisions of this ehaptef can be medifi@-4 OF "'bell it POR be 5Rti5fiCWnlj� sh AiHg efientation, eanstnistion eqnsinnints OF eanfigulationof t p reel. Section H. Findings and Declaration The City Council of the City of Chula Vista specifically and expressly finds and declares that each of the amendments noted above to the 2019 Edition of the California Electrical Code is necessary due to local climatic, geological and topographical conditions. The City Council of the City of Chula Vista specifically and expressly finds and declares that adding section 15.24.065 to Chapter 15.24 is necessary due to local climatic conditions. As a result of high summer ambient temperatures and periods of heat waves, average load demand and peak load demand of energy used in Chula Vista is an important factor concerning public safety and adverse economic impacts of power outages or power reductions. Facilitating the installation Ordinance No. Page 3 of Photovoltaic systems will have local and regional benefits in the reduction of total and peak energy use and greenhouse gas emissions. Section 111. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section IV. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section V. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2020. Section V1. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2019 EDITION The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.24 That Chapter 15.24 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.24 ELECTRICAL CODE AND REGULATIONS Sections: 15.24.010 California Electrical Code, 2016 019 Edition, adopted by reference. 15.24.035 Previously used materials. 15.24.045 Distribution panels — Separate required when. 15.24.050 Circuit cards to be posted when. 15.24.055 Electric fences—Defined—Prohibited. 15.24.060 Phase arrangement — Amended. 15.24.065 Photovoltaic Pre -wiring Requirements. 15.24.010 California Electrical Code, 2016 Edition, adopted by reference. There is hereby adopted by reference the California Electrical Code, 2016-2019 Edition, known as the California Code of Regulations Title 24, Part 3, as copyrighted by the National Fire Protection Association and the California Building Standards Commission. Said document is hereby adopted as the electrical code of the City of Chula Vista, regulating the installation, repair, operation and maintenance of all electrical wiring and electrical apparatus of any nature whatsoever, whether inside or outside of any building within the City, excepting such portions as are hereinafter deleted, modified, or amended. Chapter 15.06 CVMC shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. 15.24.035 Previously used materials. Previously used materials shall not be reused in any work without approval by the Building Official. 15.24.045 Distribution panels — Separate required when. Each store in a store building, each flat in a flat building, and each building used as a dwelling shall be so wired that each store, apartment, flat or dwelling shall have separate lighting and/or power distribution panels. Such panels shall not serve other portions of the building. Hotels, Ordinance No. -------Paget-- -- - - -- -- ----- -------- --------- ---------------- - - ----- motels, hotel apartments and similar types of buildings may be wired from one or more distribution panels. 15.24.050 Circuit cards to be posted when. When requested by the Building Official, a complete schedule of circuits showing the number, kind and capacity of each outlet on each circuit shall be posted on each job prior to rough inspection. 15.24.055 Electric fences — Defined —Prohibited. A. As used herein, the term "electric fence" includes all fences which in any way use electrical energy as an additional deterrent or have wires charged with electricity which are not covered with adequate insulation to protect persons and animals coming in contact therewith. B. No electric fence may be constructed, maintained or operated within the City. 15.24.060 Phase arrangement — Amended. Section 408.3(E)(1) of the California Electrical Code is hereby amended to read: AC Phase Arrangement. Alternating -current phase arrangement on 3-phase buses shall be A, B, C from front to back, top to bottom, or left to right, as viewed from the front of the switchboard or panelboard. The B -C phase shall be that phase having the higher voltage to ground on 3-phase, 4 -wire, delta -connected systems. Other busbar arrangements shall maybe permitted for additions to existing installations and shall be marked. 15.24.065 Photovoltaic Pre -wiring Requirements. All new residential units shall include electrical conduit specifically designed to allow the later installation of a photovoltaic (PV) system which utilizes solar energy as a means to provide electricity. No building permit shall be issued unless the requirements of this section and the Chula Vista Photovoltaic Pre -Wiring Installation Requirements are incorporated into the approved building plans. The provisions of this chapter can be modified or waived when it can be satisfactorily demonstrated to the Building Official that the requirements of this section are impractical due to shading, building orientation, construction constraints or configuration of the parcel. Section II. Findings and Declaration The City Council of the City of Chula Vista specifically and expressly finds and declares that each of the amendments noted above to the 2019 Edition of the California Electrical Code is necessary due to local climatic, geological and topographical conditions. The City Council of the City of Chula Vista specifically and expressly finds and declares that adding section 15.24.065 to Chapter 15.24 is necessary due to local climatic conditions. As a result of high summer ambient temperatures and periods of heat waves, average load demand and peak load demand of energy used in Chula Vista is an important factor concerning public safety and adverse economic impacts of power outages or power reductions. Facilitating the installation Ordinance No. Page 3 of Photovoltaic systems will have local and regional benefits in the reduction of total and peak energy use and greenhouse gas emissions. Section III. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section IV. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section V. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2020. Section VI. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Kelly G. Broughton, FASLA Director of Development Services Glen R. Googins City Attorney I ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.26 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ENERGY CODE, 2019 EDITION The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.26 That Chapter 15.26 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.26 ENERGY CODE Sections: 15.26.010 California Energy Code, 2016 2019 Edition, adopted by reference. 15.26.020 Outdoor ligbting zones. 15.26.010 California Energy Code, 3&16-2019 Edition, adopted by reference. The City of Chula Vista adopts, by reference, that certain document (mown as the California Energy Code, 391E-2019 Edition, set forth in Title 24, Part 6, of the California Code of Regulations, as copyrighted by, and as may be amended from time to time by, the California Building Standards Commission. That California Energy Code is adopted as the energy code of the City of Chula Vista for the purpose of regulating building design and construction standards to increase efficiency in the use of energy for new residential and nonresidential buildings. Chapter 15.06 CVMC shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. 15.26.020 Outdoor lighting zones. Pursuant to Section 10-114 (c) of the California Code of Regulations, Title 24,. Part 1, the city has adopted an outdoor lighting zones map amending state default lighting zones as applied to certain areas of the City. The location of outdoor lighting zones in the City are per the adopted Outdoor Lighting Zones Map, dated September 2, 2005 and kept on file with the CityPlanning Develo ment Services Department. A. n ....ase and into.., it is the purpose and intent of this sestien to r existing eammarcial bHildings to ox -ed the «.:..'o of 20 6 Qlif .nia Building g C.... requirementseie�y e..'de..:a and Nen ne..:d.....'..l n b ( Roe l..a'.. .. Title 24 ➢e_t 6) ("2016 Ene.... LfRe'eney Standards") L NEA zees 40 Walt 57 watts 60 �aas applieab+a I NEA 16 wa4t. 30 — attq Sweii5 75 ....44 apgliea�ile 3ppliGavie m,a4ts M RRS Net NI 44 49 213 applicable nllaw.nee culinea '{41KE3f 3A,"4keea righting Ligh in Lightin Lighting Lighting zone a Zone -a gene a €E I ft I ft m ... Not 0 e6vu } 4,24 0-.28 0:483 wow w4w1 w4w h'.g :t;n Zone a Lighting Zone -1- Lighting a Lighting Zone Lighteng Zeflp a ,__deee_�ff `hete a h....,J..eape ..tee le A44W �It} w 3 Wl fia ..r buildings, ornaxoro s, off pfepefty, or EtU.. 't. '.. , r,._ th' ..1 .. .. shall be illuminating .e 1 .....1........o a'� I.e,., .. �T"nvl'Js :vr L..t.....ted l.. .. wvnvczcvap'usiproi' ..t )I-h4.l.. C.."Ap.. stm fl ... Not 0.220 410 0.580 i� ttlip d SPT r . «.'....' ... ...l'r. inn r... L' . allawanee Shall be !Boated ...1,.« the eafiRpy- �n )�tt4n Sales /`........:e., n 1..., NEA Ni 9:655 0988 M35 &F a.e tgtgl afg@ . 'a.' , the leeated ..aev the appiisahle n 110—e.3e,. W4W W 2 wift� Nam eT..eeAsga,:opWs a l NI 0.057 GAP B-2-7 617 Wi Tunnels..A-IIA-vano,p C....t.e total aFea within `h'—yip 1'..e of the ea...... .. inqi4e applieable 2 *gw- Wtw Lighting Applientia bighting bighting bighting bighting bightiffg Chet ..et L....iflaipes ..IL......«......6..11 he 1.."ated ...d..« the ............. O tufi..4 snnFa NE4 0.54 n�cc 0.709 eras Staduons A , ..,...,.,. a d„PP:'„1„' .� Wl� W/V Wx w2 liWlW 1110 eo ...6L..1.. In«e Guaid .. taiians provide meess to soeufo areas d 6y seeHfity reBonfiel who Step and L�nts, ..,d.. d' .. 'dentiheat:,.. desumentation, eh'ele eccn$c'plates, .m -.b. 6scLro cortairtv' n aT 1mmi llai l -Ag o6nvolro`vb`rit6' . '1 .aHati rsncrgmtsef a L yehi..le lane F t6.. ..�dh.......P b Not NO 0,14p e�y4—���5sem� NA A zen.. I ... L...nee F.. the amea of the student ••Yldrep affzefle, with m ithout eanapJ,& preschool ilwough l2th gfad,.....1.....1 A t..de«t ..:e .....U�,.....FC vm�rsrp�m+�mvPvrr eOl#Felled Imide ..«e.. e.... seheor.efflpa`where studekeevUp aim'l .. A Il.... anee YY` W � Awft A110- mcc 0 'trlee e ,,...,....., diningof eH!daHF dining. o,...,.,. Outd� wand eansuffie feed mr.s,.P n,a,.n ing heigh.s and n-5 .:R.'. O O�.tee Lighting Lightin L.gttttag Lighting Ligt.ttxg awe Zone -a Zone -a Not 0.987 9099 0.0!9 Ne Section 11. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section N. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2020. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by r Kc] ly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.28 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA PLUMBING CODE, 2019 EDITION The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.28 That Chapter 15.28 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.28 PLUMBING CODE Sections: 15.28.010 California Plumbing Code, 2016 2019 Edition, adopted by reference. 15.28.015 Solar Water Heater Pre -Plumbing. 15.28.020 Residential Graywater Stub -out. 15.28.010 California Plumbing Code, 2016 2019 Edition, adopted by reference. There is hereby adopted by reference the California Plumbing Code, 20-16 2019 Edition, known as the California Code of Regulations, Title 24, Part 5, including Appendices A, B, D, H, I, and J, and excluding Chapter 1, Division II of that document as copyrighted by the International Association of Plumbing and Mechanical Officials and the California Building Standards Commission. Said document is hereby adopted as the plumbing code of the City of Chula Vista for regulating the complete installation, maintenance and repair of plumbing, drainage systems, water systems, gas systems, and private sewage disposal systems on all properties and within all buildings and structures in the City. Chapter 15.06 CVMC shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. 15.28.015 Solar Water Heater Pre -Plumbing. All new residential units shall include plumbing specifically designed to allow the later installation of a system which utilizes solar energy as the primary means of heating domestic potable water. No building permit shall be issued unless the requirements of this section and the Chula Vista Solar Water Heater Pre -Plumbing Installation Requirements are incorporated into the approved building plans. The provisions of this chapter can be modified or waived when it can be satisfactorily demonstrated to the building official that the requirements of this section are impractical due to shading, building orientation, construction constraints or configuration of the parcel. Ordinance No. Page 2 15.28.020 Residential Graywater Stub -out. All new detached single-family dwellings and duplexes shall include a single -source clothes washer graywater outlet and an outside stub -out to allow the later installation of a clothes washer graywater irrigation system that complies with the requirements of Section -13021503.1.1 of the 2046 2019 California Plumbing Code. The outlet and stub -out shall be installed in accordance with the Chula Vista Clothes Washer Graywater Pre -Plumbing and Stub -Out for New Residential Construction or an equivalent alternate method and/or material approved by the Building Official. The provisions of this Section may be modified or waived when it can be satisfactorily demonstrated to the Building Official that compliance with these regulations is impractical due to construction or physical constraints, or due to site and/or soil conditions. Section II. Findings and Declaration The City Council of the City of Chula Vista specifically and expressly finds and declares that adding section 15.28.015 to Chapter 15.28 is necessary due to local climatic conditions. As a result of high summer ambient temperatures and periods of heat waves, average load demand and peak load demand of energy used in Chula Vista is an important factor concerning public safety and adverse economic impacts of power outages or power reductions. Facilitating the installation of solar water heating systems will have local and regional benefits in the reduction of total and peak energy use and greenhouse gas emissions. The City Council specifically and expressly finds and declares that adding section 15.28.020 to Chapter 15.28 is necessary due to local climatic conditions. As a result of prolonged droughts exacerbated by climate change, it is anticipated that water supplies from imported sources are reduced, and furthermore, as a result of population and economic growth, demand for water is expected to increase. These impacts could limit imported water availability, lead to higher demand for local water sources and increase utility costs. Requiring single -source graywater stub -out in new residential development facilitates the use of graywater for irrigation which in turn helps address these water -related climate change impacts. Section III. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section IV. Construction Ordinance No. Page 3 The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section V. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2020. Section VI. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Kelly G. Broughton, FASLA Director of Development Services Approved as to form by Glen R. Googins City Attorney �Vt�Ce� �fcl�nac�c'� tOh\\i ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.36 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA FIRE CODE, 2019 EDITION The City Council of the City of Chula Vista does ordain as follows: SECTION I. That Chapter 15.36 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.36 FIRE CODE Sections: 15.36.010 California Fire Code, 20194 Edition, adopted by reference. 15.36.015 Definitions. 15.36.020 Construction documents. 15.36.025 Re -inspection. 15.36.030 Violation penalties. 15.36.035 Failure to comply. 15.36040 General Requirements 15.36.0450 Emergency Planning and Preparedness. 15.36.0450 Response map updates. 15.36.0550 NFPA 13-D meter size. 15.36.060 Location of Class I Standoioe Hose Connections 15.36.065 Vegetation Management and Clearance 15.36.07053 TABLE B105.1(1). 15.36.07540 TABLE B105.2. 15.36.08065 TABLE C102.1. 15.36.010 California Fire Code, 20194 Edition, adopted by reference. There is hereby adopted and incorporated by reference as if fully set forth herein, the California Fire Code, 20196 Edition, known as the California Code of Regulations, Title 24 part 9, including Appendix B and C as copyrighted by the International Code Council, and the California Building Standards Commission, which code and associated appendices prescribe the regulations governing conditions hazardous to life and property from fire or explosion, as the Fire Code of the City of Chula Vista, excepting such portions as are hereinafter deleted, modified or amended as set forth in this chapter for the purpose of regulation and enforcement within the City of Chula Vista, 15.36.015 Definitions. Chapter 2 Definitions - Section 202 of the Fire Code Portion of the California Building Standards Code is hereby revised to include the following definitions: "Fire Department" means any regularly organized fire department, fire protection district, a legally formed volunteer fire department recorded with the County of San Diego, or Fire Company regularly charged with the responsibility of providing fire protection to the jurisdiction. "Fire Authority Having Jurisdiction (FAHJ)" means the designated entity providing enforcement of fire regulations as they relate to planning, construction and development. "Fire Hazard" means anything that increases or could cause an increase of the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which could obstmct, delay, hinder or interfere with the operations of the fire department or egress of occupants in the event of fire. "Fire Service Features" is a general term inclusive of all other terms such as driveway, fire lane, public street, private street, parking lot, lane, access roadway or the like. This Section 15.36.015 amends Section 202 of the Fire Code Portion of the California Building Standards Code only by adding those definitions specifically identified in herein. No other changes to Section 202 of the Fire Code Portion of the California Building Standards Code are contemplated or intended, and the balance of the definitions therein shall remain unchanged and continue in full force and effect. 15.36.020 Construction documents. Chapter 1 Scope and Administration - Subsection 105.4 Construction documents of the Fire Code portion of the California Building Standards Code is hereby revised to read as follows: Suhsecties 105.4 Construction documents. Construction documents, plans, submittals and other documents associated with building or remodeling a structure shall be in accordance with Sections 105.4.1 through 105.4.6 and the Chula Vista Fire Department's Fire Safety Engineering Standard Details. 15.36.025 Inspection frequency. Chapter 1 Administrative Provisions - Subsection 1076.2.3 Re -inspection is hereby added to the Fire Code portion of the California Building Standards Code to read as follows: Snbsestiea-1076.2.3 Re -inspection. Following an inspection, whether initial, annual or other, during which it is determined that a violation exists, £ne code re -inspection., may be conducted at the discretion of the Fire Department until such violations have been corrected. 15.36.030 Violation penalties. Chapter 1 Scope and Administration - Subsection 11084.4 Violation penalties of the Fire Code portion of the California Building Standards Code is hereby revised to read as follows: u,,a,as 10109.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than the greater of $1,000 dollars or as established by the City of Chula Vista Policy and Procedures Manual for Civil Penalties or by imprisonment not exceeding six (6) months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 15.36.035 Failure to comply. Chapter 1 Scope and Administration - Subsection 1124-A Failure to comply of the Fire Code portion of the California Building Standards Code is hereby revised to read as follows: 1121-A Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to a firm of not less than $250.00 dollars or more than $1,000 dollars. ulaorer are as Follows: Chapter 3 Gonerat Requirements d pt d sections - 301 — e C s 301— 318. and 320 15.36.0458 Emergency Planning and Preparedness. Chapter 4 Emergency Planning and Preparedness — Chapter 4 of the Fire Code portion of the California. Building Standards Code is hereby adopted as per the California State Fire Marshal Matrix Adoption Table. The specific sections adopted within this Chapter are as follows: Chapter 4 Emergency Planning and Preparedness adopted sections: 401-48}31, - 401.9, 402, 403.2, 403.5 — 403.5.4 403.10.2.1.1, 403.13 — 403.13.3, 404.5 - .luoug4 104.6.6, 407, Title 19 3.13 (a)(1), Title 19 3.13 (0)(1), Title 19 3.10, Title 19_3.13 (a)(2), Title 19 3.13 (b), and Title 19 3.13 (c)(2 & 3). 15.36.050 Response map updates. Chapter 5 Premises Identification - Subsection 505.3 Response map updates is hereby added to the Fire Code portion of the California Building Standards Code to read as follows: gal�505.3 Response map updates. Any new development, which necessitates updating of emergency response map by virtue of new structures, hydrants, roadways or similar features, shall be required to provide map updates in a format compatible with current department mapping services (PDF and/or CAD format as approved by the FAHP). 15.36.0550 NFPA 13-D meter size. Chapter 9 Fire Protection Systems - Subsection 903.2.8.1.1 NFPA 13-D meter size is hereby added to the Fire Code portion of the California Building Standards Code to read as follows: x,-903 2.8.1.1 NITA 13-D meter size. The minimum water meter size serving NFPA 13-D (dwelling) fire sprinkler systems shallbe no less than one (1) inch in diameter. Exceptions: 1. Minimum meter size can be dependent upon hydraulic analysis, including safety factors, for second dwelling units and accessory structures to group R3 occupancies. 905.4 Location of Class I standpipe hose connections Class I standpipe hose connections shall be provided in all of the following locations: 1 In every required interior exit stairway, a hose connection shall be provided for each story above and below grade plane Hose connections shall be located at intermediate floor level landings between floors or as approved by the fire code official See Section 909.20.2.3 of the California Building Code for additional provisions in smokeproofenclosures. Exception to Item 1 of 905.4 shall remain in full affect along with Items 2 through 6. 15 36 065 Vegetation Management and Clearance. Chapter 49 Requirements for Wildland-Urban Interface Fire Areas - Section 4905 Vegetation Management Clearance and Subsection 4905,1 General are hereby added to the Fire Code portion of the Cahlomia Building Standards Code to read as follows: SECTION 4905 VEGETATION MANAGEMENT CLEARANCE 4905.1 General. All non -maintained combustible vegetation and or other such accumulations of ombestible veetation matertals in openpace areas as determined by the Fire Code Official. shall not be located within one hundred (100) feet of any building or structure designed 0, intended for occupancy by humans or animals. 15.36.070-5 TABLEB105.1(1). TABLE B105.1(1) REQUIRED FIRE FLOW FOR ONE- AND TWO- FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES of the Fire Code portion of the California Building Standards Code is revised to read as follows: TABLE B105.1(1). TABLE B105.1(1) REQUIRED FIRE FLOW FOR ONE- AND TWO-FAMILY DWELLINGS. GRGT TP R-2 ANTI R -a RTRT nn.Tnv AITI 111. ,..TT..t.;.... 11V V Fire -Flow Automatic Minimum Fire- Flow Duration Calculation Area Sprinkler Systems Flow (hours) (sqf) (design -standard) (gallons per minute 0-3,600 No automatic Duration in Table sprinkler system Value in Table 8105.1(2) at the B105.1(2) required fire -flow rate 3,601 and greater No automatic Value in Table Duration in Table sprinkler system B105.1(2) B105.1(2) at the required fire -flow rate 0-3,600 Section 903.3.1.3 of the California Value in Table Duration in Table Fire Code or B105.1(2) B105.1(2) at the Section 313.3 of required fire -flow the California rate Residential Code 3,601 and greater Section 903.3.1.3 Duration in Table of the California Value in Table B105.1(2) at the Fire Code or B105.1(2) required fire -flow Section 313.3 of rate the California Residential Code r__ OT. , w J... gauuu Pcr r, rlu[e = J. /6J L/m 15.36.07560 TABLE B105.2. TABLE B105.2 REQUIRED FIRE FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES of the Fire Code portion of the California Building Standards Code is revised to read as follows: TABLE B105.2. ` TABLE B105.2 REQUIRED FIRE FLOW FOR BUILDINGS OTHER THAN ONE - AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES° Automatic Sprinkler Minimum Fire -Flow Flow Duration (hours) Systems (design- (gallons per minute)11 standard No automatic sprinkler Value in Table B105.1(2) Duration in Table system B105.1(2) Section 903.3.1.1 of the 75% of the value in Table Duration in Table California Fire Code B105.1(2)a B105.1(2) at the original flow rate Section 903.3.1.2 of the 75% of the value in Table Duration in Table California Fire Code 13105.1(2)a B105.1(2)attheoriginal flow rate For Sl: 1 gallon per rnmure = �. 100 r,im a. The reduced fire -flow rate shall not be less than 1,500 gallons per minute. h The fire flow rates as listed in Table B105.1(2) are canned at 5 000gpm. 15.36.08065 TABLE C102.1. TABLE C102.1 REQUIRED NUMBER AND SPACING OF FIRE HYDRANTS of the Fire Code portion of the California Building Standards Code is adopted without footnotes A through HG. SECTION II. FINDINGS AND DECLARATION The City Council of the City of Chula Vista specifically and expressly finds and declares that each of the additions and amendments noted above to the 2019 Edition of the California Fire Code is necessary due to local climatic, geological and topographical conditions. SECTION III. SEVRABILITY If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. SECTION IV. CONSTRUCTION The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. SECTION V. EFFECTIVE DATE This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2020. SECTION VI. PUBLICATION The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Submitted by: Approved as to form by: James S. Geering Glen R. Googins Fire Chief City Attomey ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.36 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA FIRE CODE, 2019 EDITION The City Council of the City of Chula Vista does ordain as follows: SECTION I. That Chapter 15.36 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.36 FIRE CODE Sections: 15.36.010 California Fire Code, 20196 Edition, adopted by reference. 15.36.015 Definitions. 15.36.020 Construction documents. 15.36.025 Re -inspection. 15.36.030 Violation penalties. 15.36.035 Failure to comply. 15.36.040 General Requirements. 15.36.0450 Emergency Planning and Preparedness. 15.36.0450 Response map updates. 15.36.0550 NFPA 13-D meter size. 15.36.060 Vegetation Management and Ctearance 15.36.06-55 TABLE B105.1(1). 15.36.0760 TABLE 8105.2. 15.36.0765 TABLE C102.I. 15.36.010 California Fire Code, 201% Edition, adopted by reference. There is hereby adopted and incorporated by reference as if fully set forth herein, the California Fire Code, 20196 Edition, (mown as the California Code of Regulations, Title 24 part 9, including Appendix B and C as copyrighted by the International Code Council, and the California Building Standards Commission, which code and associated appendices prescribe the regulations governing conditions hazardous to life and property from fire or explosion, as the Fire Code of the City of Chula Vista, excepting such portions as are hereinafter deleted, modified or amended as set forth in this chapter for the purpose of regulation and enforcement within the City of Chula Vista. 15.36.015 Definitions. Chapter 2 Definitions - Section 202 of the Fire Code Portion of the California Building Standards Code is hereby revised to include the following definitions: "Fire Department" means any regularly organized fire department, fire protection district, a legally formed volunteer fire department recorded with the County of San Diego, or Fire Company regularly charged with the responsibility of providing fire protection to the jurisdiction. "Fire Authority Having Jurisdiction (FAHJ)" means the designated entity providing enforcement of fire regulations as they relate to planning, construction and development. "Fire Hazard" means anything that increases or could cause an increase of the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which could obstruct, delay, hinder or interfere with the operations of the fire department or egress of occupants in the event of fire. "Fire Service Features" is a general term inclusive of all other terms such as driveway, fire lane, public street, private street, parking lot, lane, access roadway or the like. This Section 15.36.015 amends Section 202 of the Fire Code Portion of the California Building Standards Code only by adding those definitions specifically identified in herein. No other changes to Section 202 of the Fire Code Portion of the California Building Standards Code are contemplated or intended, and the balance of the definitions therein shall remain unchanged and continue in full force and effect. 15.36.020 Construction documents. Chapter 1 Scope and Administration - Subsection 105.4 Construction documents of the Fire Code portion of the California Building Standards Code is hereby revised to read as follows: Subsection 105.4 Construction documents. Construction documents, plans, submittals and other documents associated with building or remodeling a structure shall be in accordance with Sections 105.4.1 through 105.4.6 and the Chula Vista Fire Department's Fire Safety Engineering Standard Details. 15.36.025 Inspection frequency. Chapter 1 Administrative Provisions - Subsection 1076.2.3 Re -inspection is hereby added to the Fire Code portion of the California Building Standards Code to read as follows: Subsection 1076.2.3 Re -inspection. Following an inspection, whether initial, annual or other, during which it is determined that a violation exists, fire code re -inspections may be conducted at the discretion of the Fire Department until such violations have been corrected. 15.36.030 Violation penalties. Chapter 1 Scope and Administration - Subsection 11009.4 Violation penalties of the Fire Code portion of the California Building Standards Code is hereby revised to read as follows: Subsection 10104.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than the greater of $1,000 dollars or as established by the City of Chula Vista Policy and Procedures Manual for Civil Penalties or by imprisonment not exceeding six (6) months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 15.36.035 Failure to comply. Chapter 1 Scope and Administration - Subsection 1121-.4 Failure to comply of the Fire Code portion of the California Building Standards Code is hereby revised to read as follows: 112 l Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as'that person is directed to perform to remove a violation or unsafe condition, shall be subject to a fine of not less than $250.00 dollars or more than $1,000 dollars. 15.36.040 General Requirements. Chanter are as follows: Chapter 3 General Rem'rcments' adon[cd sect o iv 301— 318. and 320. 15.36.0458 Emergency Planning and Preparedness. Chapter 4 Emergency Planning and Preparedness — Chapter 4 of the Fire Code portion of the California Building Standards Code is hereby adopted as per the California State Fire Marshal Matrix Adoption Table. The specific sections adopted within this Chapter are as follows: Chapter Emergency Planning and Preparedness adopted sections: 401. 401.34, - 401.9, 402, 403.2, 403_401,10,21.15 -403.5.4. 403 13 —403 13 3 404.5 - through -404.6.6, 407, Title 19 3.13 (a)(1), Title 19 3.13 (c)(I), Title 19 3.10, Title 19_3.13 (a)(2), Title 19 3.13 (b), and Title 19 3.13 (c)(2 & 3). 15.36.0450 Response map updates. Chapter 5 Premises Identification - Subsection 505.3 Response map updates is hereby added to the Fire Code portion of the California Building Standards Code to read as follows: Subsection 505.3 Response map updates. Any new development, which necessitates updating of emergency response map by virtue of new structures, hydrants, roadways or similar features, shall be required to provide map updates in a format compatible with current department mapping services (PDF and/or CAD format as approved by the FAH£). 15.36.0550 NFPA 13-D meter size. Chapter 9 Fire Protection Systems - Subsection 903.2.8.1.1 NFPA 13-D meter size is hereby added to the Fire Code portion of the California Building Standards Code to read as follows: Subsection 903.2.8.1.1 NFPA 13-D meter size. The minimum water meter size serving NFPA 13-D (dwelling) fire sprinkler systems shall be no less than one(]) inch in diameter. Exceptions: 1. Minimum meter size can be dependent upon hydraulic analysis, including safety factors, for second dwelling units and accessory structures to group R3 occupancies. 15.36 060 Vegetation Management and Clearance. Cha ter 49 Re ldreluCIAS for Wildland-Urban Interface Fire Areas - Section 4905 Vegetation MImgen3ent Clearance and Subsection 4905 I General arc hereby added to the Fire Code portion of the Calitomia Building Standards Code to read as follows: SECTION 4905 VEGETATION MANAGEMENT CLEARANCE 15.36.0655 TABLE B105.1(1). TABLE B105.1(1) REQUIRED FIRE FLOW FOR ONE- AND TWO- FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES of the Fire Code portion of the California Building Standards Code is revised to read as follows: TABLE B105.1(1). TABLE B105.1(1) REQUIRED FIRE FLOW FOR ONE- AND TWO-FAMILY nWPT t iNC.S r;ROUP R-1 AND R-4 RIJii.DINGS AND TOWNHOUSESh Fire -Flow Automatic Minimum Fire- Flow Duration Calculation Area Sprinkler Systems Flow (hours) (sqt) (design -standard) (gallons per minute - 0 -3,600 No automatic Duration in Table sprinkler system Value in Table B105.1(2) at the B 105.1(2) required fire -flow rate 3,601 and greater No automatic Value in Table Duration in Table sprinkler system B105.1(2) B 105.1(2) at the required fire -flow rate 0-3,600 Section 903.3.1.3 Flow Duration (hours) Systems (design- (gallons per minate} of the California Value in Table Duration in Table Fire Code or B105.1(2) B105.1(2)at the system Section 313.3 of B105.1(2) required fire -flow 75% of the value in Table the California California Fire Code rate. B105.1(2) at the original Residential Code flow rate 3,601 and greater Section 903.3.1.3 Duration in Table Duration in Table B105.1(2)' of the California Value in Table B105.1(2) at the flow rate Fire Code or B105.1(2) required fire -flow Section 313.3 of rate the California Residential Code For SI: 1 gallon per minute = 3.785 L/m a. The fire flow rates as I isted in Table B 105.1(2) are canned at 5 OOOgpm V When the existins water main cannot supply the minimum required fire flow rate 15.36.0760 TABLE B105.2. TABLE B105.2 REQUIRED FIRE FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES of the Fire Code portion of the California Building Standards Code is revised to read as follows: TABLE B105.2. TABLE B105.2 REQUIRED FIRE FLOW FOR BUILDINGS OTHER THAN ONE - AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES` Automatic Sprinkler Minimum Fire -Flow Flow Duration (hours) Systems (design- (gallons per minate} standard No automatic sprinkler Value in Table B105.1(2) Duration in Table system B105.1(2) Section 903.3.1.1 of the 75% of the value in Table Duration in Table California Fire Code B105.1(2)a B105.1(2) at the original flow rate Section 903.3.1.2 of the 75% of the value in Table Duration in Table California Fire Code B105.1(2)' B105.1(2) at the original flow rate For SI: I gallon per minute = 3.785 L/m a. The reduced fire -flow rate shall not be less than 1,500 gallons per minute. b. The fire flow rates as listed in Table B 105 1(2) are capped at 5 000gom c. When the existit wuer main cannot supuly the minimum required fire flow rate the FHAJ may require a fire sprinkler system to be installed. if not required by other portions of adopted codes or a fire sprinkler system hazard cIasxi ficatIOn upgrade in lice of water main upsizine. 15.36.0765 TABLE C102.1. TABLE C102.1 REQUIRED NUMBER AND SPACING OF FIRE HYDRANTS of the Fire Code portion of the California Building Standards Code is adopted without footnotes A through i_IG. SECTION B. FINDINGS AND DECLARATION The City Council of the City of Chula Vista specifically and expressly finds and declares that each of the additions and amendments noted above to the 2019 Edition of the California Fire Code is necessary due to local climatic, geological and topographical conditions. SECTION III. SEVRABILITY If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. SECTION IV. CONSTRUCTION The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. SECTION V. EFFECTIVE DATE This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2020. SECTION VI. PUBLICATION The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Submitted by: Approved as to form by: James S. Goering Glen R. Googins Fire Chief City Attorney