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HomeMy WebLinkAboutOrd 2022-3529 DocuSign Envelope ID: E2979189-F742-4189-BOCE-D9788E3DB85A ORDINANCE NO. 3529 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.08 OF THE CHULA VISTA MUNICIPAL CODE, BUILDING CODE, ADOPTING THE CALIFORNIA BUILDING CODE, 2022 EDITION AND LOCAL AMENDMENTS THERETO 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 adopts the 2022 California Building Code and proposes the re-adoption of existing local amendments to the current Building Code adopted by the City. The City Council of the City of Chula Vista does ordain as follows: Section I. 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, 2022 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 1511.6.4 is added to Section 1511.6 to require equipment enclosures on roofs. 15.08.010 California Building Code, 2022 Edition, adopted by reference. There is hereby adopted by reference the California Building Code, 2022 Edition, known as the California Code of Regulations,Title 24 part 2,including Appendix I and Appendix P,as adopted by state agencies, and excluding Chapter 1, Division 11 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 of the Chula Vista Municipal Code shall serve as the administrative, organizational, and enforcement rules and regulations for this chapter. DocuSign Envelope ID: E2979189-F742-4189-BOCE-D9788E3DB85A Ordinance No. 3529 Page No. 2 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. 15.08.030 Subsection 1511.6.4 is added to Section 1511.6 to require equipment enclosures on roofs. Subsection 1511.6.4 is hereby added to Section 1511.6 of the California Building Code, as it applies in Chula Vista, and shall read as follows: Subsection 1511.6.4 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 II. Findings and Declaration The City Council specifically and expressly finds and declares that sections 15.08.020 and 15.08.030 are necessary due to local topographical conditions. As a result of the geographical layout of the City of Chula Vista 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 Chula Vista Municipal 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. DocuSign Envelope ID: E2979189-F742-4189-BOCE-D9788E3DB85A Ordinance No. 3529 Page No. 3 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, 2023. Section VI. 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. [SIGNATURES ON THE FOLLOWING PAGE] DocuSign Envelope ID: E2979189-F742-4189-BOCE-D9788E3DB85A Ordinance No. 3529 Page No. 4 Presented by Approved as to form by DocuSigned by: DocuSigned by: a 68970191600C4C:4 E IF 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- (L ' y: 4 Yee Mary Casillas Salas, Mayor ATTEST: DocuSigned by: 3074D104EAF342E... 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. 3529 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 E 2/13/2022 ' za ...,..7 c Dated Kerry K. Bigelow, MMC, City Clerk