Loading...
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 �D�o�CUSigned by: /� DocuSigned by: t/"""" �j �/`^"vim. E 68970191600C4C4... CF40650850444!F... 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: L3( IFAP'142F 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 Ek,3074D104EAF.1 342E... Dated Kerry K. Bigelow, MMC, City Clerk