HomeMy WebLinkAbout1990/11/12 Board of Appeals & Advisors Agenda Packet
Item 112A (1)
ORDINANCE NO. 2341
AN ORDINANCE OF THE CITY OF CHULA VISTA REPEALING EXISTING
SECTIONS OF 15.08.010 THROUGH 15.080.200 AND ADOPTING NEW SECTIONS
25.08.010 THROUGH 15.08.130 OF CHAPTER 15.08 OF THE MUNICIPAL CODE OF
THE CITY OF CHULA VISTA RELATING TO THE ADOPTION OF THE UNIFORM
BUILDING CODE, 1988 EDITION.
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS
FOLLOWS:
SECTION I. That Sections 15.08.010 through 15.080.200 of Chafter 15.08 are hereby
repealed, and new sections 15.08.010 through 15.08.130 of Chapter 1 .08 of the Chula Vista
Municipal Code are hereby adopted to read as follows:
Section 15.08.010. Uniform Building Code, 1988 Edition, adopted by reference.
There is hereby adopted by reference the Uniform Building Code, 1988 Edition, and
Chapters 1 (division I), 7, 11, 35, 49 and 55 of the Appendix that certain document as
copyrighted by the International Conference of Building Officials. 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. Providing for the issuance of
permits and collection of fees therefor and each and all such regulations, l!:rovisions,
penalties, conditions and terms of the Uniform Building Code, 1988 Edition and hapters 1
(division I), 7, 11, 35, 49 and 55 of the Appendix are hereby referred to, adopted and made a
part hereof as though fully set forth herein, excepting such portions as are hereinafter
deleted, modified or amended.
Section 15.08.020. Section 203 amended by revision of the second paragraph to read:
Section 203 UNSAFE BUILDINGS OR STRUCTURES. AIl such unsafe buildings,
structures of appendages are hereby declared to be a pubic nuisance and shall be abated by
repair, rehabilitation, demolition or removal in accordance with the procedures set forth in
the ~ng6Fm¡s.-BuiJd.ag-Gode Uniform Code for the Abatement of Dangerous Buildings,
1988 Edition as hereby adopted by the City of Chula VIsta. As an alternatIve, the Buildmg
OffIcial or other employee or official of this jurisdiction as designated by the governing body,
may institute any other appropriate action to prevent, restrain, correct or abate the
violation.
Section 15.08.030. Section 204(a) is amended to read:
Section 204(a) BOARD OF APPEALS AND ADVISORS. +o-è6t6f-mine-th6--5tiitOOiHfy-of
ak6mat6-mate1-ials,-Hl6tlJeds-Ðf.£-enstr-ue#eIl--anà-t-e-pFÐ¥Ïè8-fÐf.-reaS¡}oob!6-ÎHt6FPFe-tatiEHt-of
tœ.iH"-e¥isiens--ef-this-(:.oo8 In order to hear and decide a eals of orders decisions or
determinations made b the Ul In ICIa re atIve to tea ¡catIOn an mter retatlOn
otIS 0 e, t ere s a e an IS ere y create a oar 0 ppea s an VISorS
conslstmg of seven members who are qualified by experience and training to pass upon
matters pertaining to building construction. The Director of Building and Housing shall be
an ex-officio member who shall not be entitled to vote and who shall act as Secretary to the
Board. The Board of Appeals and Advisors shall be appointed by the Mayor and confirmed
by the City Council. The Board shall render all decisions and findings in writing to the
Director of Building and Housing with a duplicate copy to the appellant. The decision of
the Board is final. The Board of Appeals and Advisors shall recommend to the City Council
such new legislation deemed necessary to govern construction in the City of Chula Vista.
Item 112A (2)
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Section 15.08.040. Section 301(b) is amended to read:
Section 301(b) EXEMPTED WORK. No person, firm or corporation shall erect, construct,
enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure
in the City of Chula Vista or cause the same to be done without first obtaining a separate
building permit for each such building or structure from the Building Official except as
follows:
1. Fences up to 72 inches and free standing masonry walls up to 48 inches in height
above the highest adjacent grade.
2. Curbs and planter boxes up to 18 inches in height.
3. Detached patio covers, not exceeding 12 feet in height, with a projected roof area not
to exceed 144 square feet and at least 6 feet from any building or structure on the
same property.
4. One-story detached accessory buildin~s, not exceeding 12 feet in height used as tool
and storage sheds, playhouses and sImilar uses, provided the projected roof area
does not exceed 144 square feet and are located so as to comply with the provisions
ofC.V.M.C. Section 19.58.020.
5. Oil Derricks.
6. Movable cases, counters and partitions not over 5 feet, 9 inches in height.
7. Retaining walls which are not over 3 feet in height measured from the top of the
footing to the top of the wall, unless supporting a surcharge or impounding
flammable liquids.
8. Television and radio antennas less than 35 feet in height.
9. Awnings projecting not more than 54 inches and attached to, and supported by, the
exterior walls of buildings of Group "R" or "M" Occupancy.
10. Standard electrolier not over 35 feet in height above finish grade.
II. Platforms, walks and driveways not more than 30 inches above grade and not over
any basement or story below.
12. Temporary motion picture, television and theater stage sets and scenery.
13. Prefabricated swimming pools accessory to a Group "R", Division 3 Occupancy in
which the pool walls are entirely above the adjacent grade and if the capacity does
not exceed 5,000 gallons.
14. Fish ponds, reflective pools or other decorative water containers with a wet surface
area of 100 square feet or less and a maximum depth of 18 inches to the flood rim.
Item 1/ 2A (3)
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15. Repairs with involve only the replacement of component parts of existing work with
similar materials for the purpose of maintenance, and which do not aggregate over
$500.00 in valuation in any 12-month period, and do not affect any electrical,
plumbing or mechanical installations. Repairs exempt from permit requirements
shall not include any addition, change or modification in construction, exit facilities or
permanent fixtures or equipment.
Specifically exempted from permit requirements without limit to valuation are:
a. Painting, papering, decorating and similar work.
b. Installation of floor covering.
c. Cabinet work.
d. Outside paving.
e. Re-roofing buildings of Group "R" and "M" Occupancies.
This section shall no be construed to require separate building permits for dwelling and
accessory buildings or structures on the same property which are described in the building
permit application, plot plan and other drawings.
Section 15.08.050. Section 303(a) is amended to read:
Section 303(a) ISSUANCE. The application, plans and specifications and other data filed
by an applicant for permit shall be reviewed by the Building Official. Such plans may be
reviewed by other departments of this jurisdiction to verify compliance with any applicable
laws under their jurisdiction. If the Building Official finds that the work described in an
application for a permit and the plans, specifications and other data filed therewith conform
to the requirements of this Code and other pertinent laws and ordinances, and that the fees
specified in the Master Fee Schedule of the City of Chula Vista have been paid, he shall
issue a permit to the applicant.
When the Building Official issues the permit where plans are re'!;uired, he shall endorse in
writing or stamp the plans and specifications "APPROVED". uch approved plans and
specifications shall not be changed, modified or altered without authorization from the
Building Official, and all work shall be done in accordance with the approved plans.
The Building Official may issue a permit for the construction of part of a building or
structure before the entire plans and specifications for the whole building or structure have
been submitted or approved, provided adequate information and detailed statements have
been filed complying with all pertinent requirements of this Code. The holder of such
permit shall proceed at his own risk without assurance that changes to the plans will not be
required during the plan check or that the permit for the entire structure will be granted.
Section 15.08.060. Sections 304( d) and (0, are amended.
Sections (g), (h) and (1) are added.
Item 112A (4)
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Section 304(d) EXPIRATION OF PLAN REVIEW. Applications for which no permit is
issued and on which no action is taken by the applicant within 180 days following the date of
application shall expire by limitation and plans submitted for checking may thereafter be
returned to the applicant or destroyed by the Building Official. The BuildinJ Official may
extend the time for action by the applicant for a period not exceeding (±8Q) .ß! days upon
written request by the applicant showing that circumstances beyond the control of the
applicant have prevented action from being taken.
Section 304(f)4 FEE REFUNDS. Fees paid for microfilming of documents and for Strong
Motion Instrumentation are not refundable.
The Building Official shall not authorize the refunding of any fee paid except upon written
application filed by the original permittee not later than 180 days after the date of fee
payment.
Section 304(g) COMPLIANCE SURVEY FEE. The fee for conducting a compliance
survey of an existing structure shall be $75.00 per 100 square feet of floor area or fraction
thereof, but not less than $75.00.
Section 304(h) EXCEPTIONS. The United States Government, State of California, school
districts, counties, cities and other public agencies shall not be required to pay any fees for
filing an application for a building permit pursuant to this Code.
Section 304(i) RETENTION OF PLANS. State law requires the retention of plans,
specifications and permits for the life of the building. Therefore, the applicant shall be
charge a fee to cove the actual cost of microfilming such documents.
Section 15.08.070. Section 305~g~ is amended.
Section 305 h is added.
Section 305(g) REINSPECfION. A reinspection fee, as prescribed in the City's Master Fee
Schedule, may be assessed for each inspection or reinspection when such portion of work
for which inspection is called is not complete or when corrections called for are not made.
This subsection is not to be interpreted as requiring reinspection fees the first time a job is
rejected for failure to comply with requirements of this Code, but as controlling the practice
of calling for inspections before the job is ready for such inspection or reinspection.
Reinspection fees may be assessed when the permit card is not properly posted on the work
site, the approved plans are not readily available to the inspector, for failure to provide
access on the date for which inspection is requested or for deviating from plans requiring the
approval of the Building Official.
To obtain a reinspection, the applicant shall file an application in writing upon a form
furnished for that purpose and pay the reinspection fee.
In instances where reinspection fees have been assessed, no additional inspection of the
work will be performed until the required fees have been paid.
Item 112A (5)
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Section 305(h) COMPLIANCE SURVEY INSPECfION. Upon receipt of a written
request for a compliance survey from the owner and payment of the fee specified in Section
304(g), the Building Official may inspect an existing structure to ascertain its compliance
with the provisions of this Code and other applicable laws and ordinances and report his
findings in writing to the owner.
Section 15.08.080. Section 1206(d) is added to read:
Section 1206(d) PROJECfIONS INTO YARDS. Eave and cornices may project into any
required yard not more than 40 percent of the yard width. Unroofed landings, porches and
stairs may project into any required yard, provided no portion except for guardrails extends
above the floor level of a habitable room and provided further that no such projection shall
obstruct a required exitway. Private balconies may extend within 2 feet of the property line
providing the balcony is of one hour fire resistive construction or incombustible material.
Section 15.08.090. Section 1709( a) Exception 5 is added.
Section 1709(a) PARAPETS. Parapets shall be provided on all exterior walls of buildings
except as follows:
5. Conversion of existing Group nRn Occupancies to offices.
Section 15.08.100. Section 3601 is amended by adding subsections (e) and (f).
Section 3601( e) EQUIPMENT ENCLOSURE. Operating equipment, including piping and
ducts located on the roof of a building, shall be shielded from view from public
thoroughfares, private and public /ear king lots and soundproofed so as to comòly with the
noise abatement provisions of ections 19.68.010 thru 19.68.090 of the hula Vista
Municipal Code.
EXCEPTION: Solar Collectors. Does not include structural supporting members.
Section 3601(f) OBSOLETE ROOF EQUIPMENT. Mechanical equipment including
piping and ducts located on the roof of a building and no longer in operation shall be
removed from the roof.
Section 15.08.110. Section 3802(b) add number 5.
5. In every building regardless of occupancy, group or type of construction, when such
building is more than 40 feet or four stories or more in height.
Section 15.08.120. Section 4407 is amended by adding subsection (e).
Section 4407( d). At any construction site wherein an excavation of 3 feet 6 inches or more is
dug shall be required to be completely fenced around the perimeter of the site with either a
solid wooden fence or woven wire fence not less than 6 feet in height. Said fence shall be
equipped with gates that can be locked during such periods as construction is not in progress
and that said fence shall be appropriately posted with no trespassing signs, provided
however, that said requirements shall not apply to single family and multiple family
dwellings of less than three units or to construction sites where said excavations is not in
existence for more than a 24-hour period. Excavations of 3 feet 6 inches or more on such
sites shall not be left unattended without substantial temporary covering or barricades.
Item 112A (6)
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Section 15.08.130. Table #44A of Chapter 44 is amended.
Table #44A - Type of Protection Required for Pedestrians.
Add Footnote 1: Upon prior approval for buildings not exceeding 24 feet in hei~ht,
protection may be provided by using scaffolding or barricades when painting, sandblastmg,
adding light-weight veneer or renovating the facade. Construction time cannot exceed 10
working days.
SECTION II. FINDINGS AND DECLARATION
The City Council of the City of Chula Vista specifically and expressly finds and declares that
the nature and uniqueness of the climate, terrain, and location does necessitate and demand
Öecific amendments to the Uniform Building Code, 1988 Edition which are noted in the
hula Vista Municipal Code and restated in this Ordinance.
SECTION III. This Ordinance shall take effect and be in force on the thirtieth day from
and after its passage and approval.
Presented by: Approved as to form by:
Kenneth G. Larsen, C.B.O. Bruce Boogaard
Director of Building & Housing City Attorney
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