HomeMy WebLinkAboutOrd 2022-3528 DocuSign Envelope ID: E2979189-F742-4189-BOCE-D9788E3DB85A
ORDINANCE NO. 3528
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 15.06 OF THE CHULA VISTA MUNICIPAL CODE,
ADMINISTRATIVE PROVISIONS FOR THE TECHNICAL
BUILDING CODES
WHEREAS, the California Building Standards Commission requires jurisdictions within the
State to begin enforcing the 2022 Editions of the California building codes on January 1, 2023; and
WHEREAS, local jurisdictions are permitted to adopt local amendments to the State
building codes before they take effect; and
WHEREAS, 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; and
WHEREAS, the proposed ordinance amends Municipal Code Section 15.06.080(B), Work
Exempt from Permits so that our local exemptions are in-line with the exemptions that are in the 2022
building codes and amends a building standard exemption to reduce the exempted fence height from
needing a building permit from over 7 feet to over 6 feet, and to over 4 feet for freestanding masonry
walls.
The City Council of the City of Chula Vista does ordain as follows:
Section L That the following subsections of section 15.06.080(B) of chapter 15.06,
Administrative Provisions for the Technical Building Codes, of the Chula Vista
Municipal Code are amended or restated to read as follows:
(1)(a) One-story detached accessory structures used as tool and storage sheds,
playhouses, and similar uses, provided that the floor area does not exceed 120
square feet and are located so as to comply with the provisions of CVMC
19.58.020.
(1)(c) Fences up to 72 inches and freestanding masonry walls up to 48 inches in height
above the highest adjacent grade. Fences, walls, or gates that extend across fire
apparatus access roads require a permit from the Chula Vista Fire Department.
(3)(o) Installation or maintenance of communication wiring, devices, appliances,
apparatus, or equipment.
DocuSign Envelope ID: E2979189-F742-4189-BOCE-D9788E3DB85A
Ordinance No. 3528
Page No. 2
Section II. Scope of Amendment
This Amendment changes only the subsections specifically identified in Section I above. No
other changes to chapter 15.06 are contemplated or intended by this Ordinance. The balance of
chapter 15.06 shall remain unchanged and continue in full force and effect.
Section III. Findings and Declaration
The City Council specifically and expressly finds and declares that the amendments to the
Chula Vista Municipal Code section 15.06.080(B)(1)(b), to implement changes to standards in
Section 105.2(2) of the California Building Code and Section R105.2(2) of the California
Residential Code, are necessary due to local geologic condition. The City is subject to earthquake
hazards caused by its proximity to seismic faults. The amendments are necessary to limit property
damage as a result of seismic activity.
Section IV. 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 V. 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 VI. Effective Date
This ordinance will take effect and be in force thirty days after final passage but not before
January 1, 2023.
Section VII. Publication
The City Clerk shall certify the passage and adoption of this Ordinance and shall cause the
same to be published or posted according to law.
DocuSign Envelope ID: E2979189-F742-4189-BOCE-D9788E3DB85A
Ordinance No. 3528
Page No. 3
Presented by Approved as to form by
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Laura C. Black,AICP Glen R. Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 6th day of December 2022,by the following vote:
AYES: Councilmembers: Cardenas, Galvez, McCann, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
DocuSigned by:
0626FD7C0386456...
Mary Casillas Salas, Mayor
ATTEST:
DocuSigned by:
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Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
1, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3528 had its first reading at a regular meeting held on the 8th day of November
2022, and its second reading and adoption at a regular meeting of said City Council held on the
6th day of December 2022; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
DocuSigned by:
12/13/2022
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Dated Kerry K. Bigelow, MMC, City Clerk