HomeMy WebLinkAbout75-45 Move Buildings/Structures over st.ORDINANCE NO.
AN -ORDINANCE OF THE -CITY COUNCIL OF THE CITY _
OF -COSTA MESA A. -MENDING TITLE 5, CHAPTER -V,-
§5 -93 -TO §5-117, INCLUSIVE, -_OF THE.COSTA MESA
MUNICIPAL'CODE RELATING TO -THE MOVING'OF
BUILDINGS -OR STRUCTURES OVER CITY STREETS AND
RELOCATION OF BUILDINGS OR STRUCTURES -WITHIN
THE CITY AND INCORPORATION.OF STATE`_S SIZE,
WEIGHT 'AND LOAD LIMITS ON STREETS.
THE..CITY.COUNCIL-OF:THE CITY OF COSTA MESA DOES HEREBY
ORDAIN.AS FOLLOWS:
SECTION 1:- The..City.Council..of the City of -Costa Mesa
hereby finds and declares that.the,present provisions relating to
"house moving . as Contained i'n our "Municipal Code", are not, inclusive -
enough and require -updating and•; further, that certain provisions
related to the -relocation of.buildings-or structures-(i:e: "move -ins").
to be located -within -the' -City are necessary for the public health,
safety and welfare-. 'Further, the City Council finds-that".the
sta-te-law requirements for size, weight and load provisions for
vehicles operated upon -the streets and highways within the.City'should
be adopted for the public health-; s,af-ety .and welfare.
Accordingly,, Chapter,.V bf 'Title 5--of"-the Costa Mesa
Municipal Code, commencing with �5-93 shall- be amended.to read as-
follows.
sfollows
SECTION- '2 : "TITLE:. 5;. —BUILDINGS AND STRUCTURES
CHAPTER :V -.•MOVING OR RELOCATION OF
BUILDINGS AND.STRUCTURES
ARTICLE -.1: IN.GENERAL
§5-93 PURPOSE'
The City Council of.the.City of Costa.Mesa finds
and declares:-that"reg.ulation`and control of the movement,'of buildings .
or structures -over and through.the City's-street-s.,.are'necess.ary for
the health, safety and welfare of the public..
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Further,. the City Council "finds and declares that when
a:"building"or strLicture"so moved is, to be relocated or placed on a
fixed site within the corporate limits of the City that certain
Problems,-conditions-or requirements must be considered .and dealt
with and,therefore,."regulations.-are hereby set forth to-deal with
same for the pubic health,-safety-and welfare.
§"5-94 SIZE,-WEIGHT_AND LOAD LIMITS.
Except.as provided in this Chapter, no vehicle
or combination of vehicles,""motorized or otherwise, shall travel
over,.on or upon the streets.of the City of Costa Mesa.exceeding
the size, weight-or.load-requirements"as.set forth in the California
Vehicle Code, .Division 15, commencing.-with,§35000, as.amended.
Said California Vehicle Code provisions are
hereby adopted and incorporated.h.erein by reference and any user of.
the streets "of. the. City of Costa -Mesa found to be.-in-violation there- .
of shall be guilty of.a-misdemeanor.
§5-95 DEFINITIONS"
Except.as hereinafter provided::all words and
phrases'as used in th"is.chapter shall ,have the same meanings as set
forth-in the-Uniform Building Code," and._amendments-thereto:
STREET Shall mean a_public street' road, alley,
highway,-right of way or other ways dedicated to and.for t"he public's
use for. travel.".
§5.-96� APPEAL :PROCEDURES,
Any finding, determination or decision of the
respective City officials.or commission assigned to oversee and"en
force the provisions of-this chapter shall be -final and"conclusive,
unless any person aggrieved by--such"finding, determination or decision
shall have filed,- within ten .(1-0) days after , same, as written appeal,
to the City Council pursuant to"Costa Mesa Municipal Code, "Title 2,
Chapter IX, commencing.with,
§5-97 RESERVED
ARTICLE 2: MOVING OF BUILDI14GS OR STRUCTURES
§.5-98 HOUSEMOVER'S PERMIT REQUIRED
No person shall move -any building or structure
or portion thereof over, on, upon, along, oracross any street, with-
out a written permit therefor from the Director of Public Services.
A separate permit shall.be required for the movement of any section,
portion -or unit of a building or structure. Such permit may be
.referred to as a Housemover's Permit.
§5-98.1 REQUIREMENTS FOR ISSUANCE OF
HOUSEMOVER'S PERMIT
No housemover's permit may be issued or granted
by the Director of Public Services unless the following requirements
have been met:.
A. An application upon a form furnished
by the Director'of Public Services shall be filed with fees, if any,
as required. It is the intent herein that a separate permit shall be
re,quired.for each unit of.a building or structure to be moved by
one conveyance; and the Director of Public Services may, in his dis-
cretion, determine the need -for additional permits to comply herewith.
However,_.one application may be used if, any combination units to be
moved will travel over the same. -route at or near the same time to the
same destination.
B. In.the.event the building or structure
to be moved is intended to be relocated within the City of Costa
Mesa, then the applicant must.first secure a -Relocation Permit from
the Planning.Commission pursuant to this chapter which Relocation
Permit.shall'accompany the application for a Housemover's Permit.
C. All fees and deposits as required by
the City have been paid.
D. A valid certificate of insurance has
been filed as herein required:
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E. Applicant shall provide written
evidence that the proposed move has.been submitted to., and approved
by, all public utilities having improvements located.in the street(s)
where such move is to occur.
§5-98.2CONTENTS OF APPLICATION FOR
HOUSEMOVER'S PERMIT
Each application for a Housemover's Permit
must show:
A. The kind of building or structure to
be moved.
B. The street location or other identifying
description to which it is proposed to be moved, and the precise route
over, along, across, and upon which such -building -or structure, section
or portion thereof is to be moved.
C. The number of.sections or units in -
which the building or structure will be moved.
D: The time and' date when it is proposed
to be moved and within which moving will be completed.
E. Description of the real property to
which it is proposed to move the building or structure, if to be
relocated within the City. Otherwise; merely show city or county
area in. --_which., ame.-is. to. -'be "relocated.
F. The complete identity and address of
the.applicant and owner.of.building or structure.
G. The identity or owners of, and
complete description of type and number of escort. vehicles to be
used.
§5-98.3 ACTION UPON APPLICATION
The Director or Public Services, upon the re-
ceipt of an application for a Housemover's Permit shall notify the
Chief of Police and the Building Department. Upon the filing of an.
application for a Housemover's Permit, the Director of Public Ser-
vicss: shall process same as herein provided and either grant or deny
same.
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In granting the application, the Director -of Public Services may make
such conditions and restrictions in the moving of such building as
may be. reasonably necessary, pursuant to the intent herein, to pro-
tect public peace, health, and safety of the citizens of the City
and to cause the least possible damage to public streets and alleys,
including signs, trees, street lights, and any other public im
provements in the right of way, public utility poles, lines, water
mains, gas mains and like appurtenances or improvements.
55-99 CLASSIFICATION
-For purposes of this chapter buildings or struc-
ture; -'to be moved as a single or individual unit shall be..classified
as follows:
truck. .
Class A: Any -unit to.be moved on a motor
Class B: Any unit which when loaded on.
house moving dollies or rollers, does not exceed twenty-two (22)
feet' in height -or - thirty (30) feet -in width.
Class C: Any unit which when loaded on
house moving dollies or rollers, i.s more than twenty-two (22) feet
in height, but does not exceed twenty-eight (28) feet in height or is
more than thirty.(30) feet in width,;but does not exceed forty (40)
feet in width.
'Class.,_ Any -unit which when loaded on
house moving dollies or rollers, exceeds twenty-eight (28) feet in
height or exceeds forty (40) feet in width.
Class E: Any unit, the walls of which
are constructed of brick,or concrete, which when loaded in house
moving dollies or rollers exceeds twenty-two (22) feet in height or
exceeds thirty (30) feet in width.
§5-99:1 HOUSEMOVER'S PERMIT FEES
Fees for a Housemover's Permit are as follows:
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Class A - '$ 25.00
Class B. $ 50.00
Class C $ 75.00
Class D - $100.00
Class E - $200.00 -
Said fees are due and payable as in this
chapter set forth for the moving of -buildings -or structures within
the City of Costa Mesa, except,.those involving the federal, state
and local governments..
§5-99.2- DEPOSIT REQUIRED
No application for a Housemover's Permit shall
be granted or issued until the applicant therefor has deposited with
the Director of Public Services a reasonable deposit to be fixed by
the Director of Public Services depending upon the distance to be
traveled in the moving of the building or structure and the probable
hazards to the public streets and improvements involved as indicated
herein. The -amount to be deposited by the housemover shall not be
less than five hundred dollars ($500.00),rnr more than five thousand
dollars.: ($5,000.00).
55-.99..3 DEDUCTIONS FROM DEPOSIT
The costs, fees and other sums due.from the.
permittee as set forth shall.be deducted from the deposit collected
from said permittee pursuant to this chapter and regulations. Any
sums left over after said deductions shall be refunded to the
permittee. Any unpaid.deficiencies.because of.the insufficient.
money in said deposit to cover. 'such costs, fee's or other, sums de-
termined to be due from the.p.ermittee shall be payable, upon demand,
to the Director of Public Services and constitute a debt to the City.
55-100 REGULATIONS FOR MOVING BUILDINGS
OR STRUCTURES ON STREETS
The Director of Public Services shall pro-
mulgate regulations. setting forth the standards and requirements
necessary to implement the intent and purpose expressed -herein.
In-- drafting said regulations said director shall consult with the
heads of other city.departments involved. Once promulgated, said
regulations shall control the standards, requirements and procedures
for moving of buildings or,structu_res on streets in the following:
cations for said permits.
A. The internal processing of appli-
B.. The length of time allowed for any
such move, inspections required., police escorts, equipment necessary
and determination of the route used. --
C. The requirements for bonds, insurance,
deposits, fees and other matters necessary to assure compliance with
the provisions of this chapter and regulations promulgated.
D. All -other provisions necessary and
proper.to implement the purposes and intent of this Chapter.
§5-100.1 AVOIDANCE OF DAMAGE
No person shall -move, or cause to be moved, any
building or structure on, over; along or across any.street so as to
damage, or interfere with the lawfully placed property of any public
utility; or damage, trim, cut or break any trees or schrubs along such
street; or damage signs, street lights and any other public improve-
ments or structures located in the street:
§5-101 through §5-104 RESERVED
ARTICLE 3: RELOCATION OF BUILDINGS OR STRUCTURES
WITHIN. THE CITY
§5-105 IN GENERAL
Any building or structure that is to be moved .-
from.any.location, within or without the City, to a fixed location with-
in the City of Costa Mesa shall comply with the following requirements
whether or not said building -:or -'structure is moved over any City streets.
These provisions apply even where a build-ing-or structure is relocated
upon the same parcel of'.pr.operty.
The permit provisions of this Article shall not
apply to newly fabricated modular housing units as defined in the
California Factory -Built Housing Law, Division 13, Part 6, commencing
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with §19960 of California -Health and. -Safety Code. Notwithstanding said
exemption, all other code and ordinances shall apply to said units to
the extent applicable.
§5-106 - RELOCATION PERMIT REQUIRED
Except.as hereinafter provided; no person
shall relocate any building, structure or portion thereof upon any pre-
mises, or upon the same premises, within the City without having first
secured a relocation permit from the Planning Commission.
Exceptions:
A. If the building or structure is
to be moved to a place located 'outside .the limits of the City.
B.. If the building or structure is
to be moved to a location for use as a temporary structure required
during the course of construction work.
C. If any accessory building or
structure not exeeding six hundred (600) square feet in area is.being
relocated, the Director of Planning, after investigation first finds
in writing that such relocation will not be likely to cause detrimental
effects upon adjacent properties. A copy of such written findings shall
be filedwith the Director of Building Safety.
D.' No relocation permit shall be
required for the placement of a structure temporarily on the premises of
a legitimate housemoving business where temporary placement is for the
purpose of re -sale of such structure. Temporary replacement is defined
to -mean placement for a period not to exceed ninety (90) days. No
such temporary placement shall exceed ninety (90)'days unless an ex-
tention of time is granted by the Planning Commission for good and
sufficient cause.
The foregoing exceptions apply only to a Reloca-
tion Permit. All relocations, whether within one or more of the above
exceptions or not, shall be required to.have a building, electrical,
plumbing or other:applicable permit for such a building or structure.
§5-107 APPLICATION REQUIREMENTS
A written application shall be made to the Costa
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Mesa Planning Commission upon -forms furnished for sameandshall set
forth suchinformation as may reasonably be required -to carry out the
purpose.of this Chapter. 'Every building or structure to be -relocated
shall require a separate application unless -.the Director of Planning.
finds that.one application.issufficient to comply.with the intent
herein: as -.to each legally approved building -site.
Each application shall be submitted with
the following:......
A. An 8" x 10"photograph of all
sides, > of the buildings. or structures.-.
An -8-1/2",x . 11". .acetate trans-
parency.. of plot :plan.
C: -Ten (10) -plot plans, two (2)
elevations and-two.(2)-floor -plan's setting forth the following:
1) Existing and proposed buildings;
2) Streets and names;
3) Distances between centerlines
of'streets and structures, between property lines -and -structures on
right and left side and rear;
4) Distances between structures;
5) Off-street parking spaces
(numbered)..;
-6)' Traff.ic access and driveways;
T), Landscaping;
8) Typeof fencing, if any;
9) Enclosed trash areas;.
D. :Three (3) elevations.of all
signs and one (l-) colored rendering of all signs.
E. Draft Environmental Impact Report,
Negative Declaration of Exemption=Declaration as required -by the City
of Costa Mesa Environmental Evaluator'or Planning,Director.
F. The sum of money necessary to
cover applicable fees and --deposits.
G. Completed work sheet,
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H. Said application shall be signed by
the'owner(s) of the building site involved or their legal representa-
tive and the developer or contractor, if any,_other than said owners
applying for said permit.
§5-107-.1 FEES AND DEPOSIT REQUIRED
Before the City may act upon any application for
a Relocation Permit the applicant shall submit the following fees and
deposit:
A. Application Fees
For each. main bui1c7.',ing or structure $250.00.
For each accessory building with a gross floor area in excess of
six hundred (600) square f eiet,l $2.50..-0.0---
For
2.50:.-00-:For each accessory building with less than
six hundred (600). square'. feet floor area,; $100.00.
B: Deposit for Mileage and Inspection Fees
Each applicaiton shall be accompanied by
a.deposit of money sufficient to cover the following fees, as deter-
mined by the City staff.
(1) Inspection fees charged at the
rate of ten dollars.($10.00) per hour per inspector, minimum of
twenty-five ($25.00) per application, including travel time.
(2) "Mileage fees to inspect a building
or structure to be moved into the City but which is presently located
outside the City of Costa Mesa shall be charged at the rate of twenty
cents '($.20) per mile.'
"C. For purposes of this section the terms
"main building or structure" and "accessory building" shall have the
meanings ascribed to them by the zoning ordinance.of the City of
Costa Mesa.
D. The owner(s) of the real property
where relocated, the owner(s.) of -the buildng or structure being
relocated or the persons doing the actual moving shall be sufficiently
identified and -are liable., jointly and severally, for the payment
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of all,fees due. herein.
§5-108 RESERVED
§5-109 NOTICE AND HEARING ON APPLICATION
Upon the -filing of the application for a re-
location permit, the Secretary of the Planning Commisison shall set
the matter for -public hearing for the Planning.Commission not less
than twenty (20) days from the date of the receipt of the application.
A copy'of the application shall be referred to the Director of
Building Safety for investigation of the building and the Director
of Building Safety shall report the result of his investigation,
in writing, at,the hearing. At least five (5) days before the
hearing, the Secretary of the Planning Commission shall cause notice
thereof to be posted in a conspicuous place on the property to -
which it is proposed to move such buildngs.-' Such notice shall state
the time and place of the Public Hearing on the application for the
relocation permit recquired in §5-106. It shall also contain a brief
description of the building or structure to be moved. He shall also
cause notice of the hearing to be mailed to the owners of all conti-
guous or adjoining real property, including such real property.
on the opposite side of any public alley, in all.real property
,situated along either side of the street, upon which the property
,.involved-abutts and within one thousand feet (1,000') therefrom,
and shall also cause notice -of the hearing to be given by one pub-
lication in the official newspaper,of the City at least five (5) day's
prior to the hearing.
§5-110 PRE -REQUISITES TO'ISSUANCE OF PERMIT
Before the Planning Commission may approve an
application for a relocation permit -the Planning Commission shall,
make the following determinations:
A. That -the building is in reasonable
conformity with the architectural style and meets or exceeds the
qual-ity of existing buildings within the area in which it is proposed
to be moved;
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B. That the proposed building shall not
be less in value when moved and remodeled than the fair market value
of-the.highest one-third (1/3) of the buildings within the immediate
area. The immediate area shall be determined by.the Planning
Commission, but in no instance shall be less than five hundred (500)
feet from the exterior boundary-of-the_proposed site on which a
building is to be moved;
C. That the proposed relocation will:
in no way be detrimental to surrounding property. or the living
environment;
D. That the proposed location will comply
with lot area, required yard setbacks, -and all other provisions of the
zoning ordinance of theCity, including fire zones;
E. ,That.all dedication and improvements
required for streets and alleys including sidewalks., curbs, -gutters,
street trees., street lights, emergency call boxes, and off-site
water supply necessary for.the property upon which the structure,
is to be located are provided in conformity with the standards of;the
City;
F. Compliance with requirements set forth
in S5-107 and §5-107.1;
G. Compliance with bond or insurance
requirements as herein set forth..
In order to determine any'of.the matters
presented by the application for relocation permit, the Planning.'
Commission may cause to be made any investigation it deems necessary.
.§5-110.1 REQUIREMENTS OF BUILDING OR STRUCTURE
No relocation permit shall be issued to re
locate any building or structure upon.a building -site within the -
City which does not comply with the following:
A. The building or structure -is
structurally sound and conforms to.applicable provisions of the
Uniform Building -Code as adopted and amended.
B. The-building/structure is free of,pests.
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C.. The building/structure substantially
conforms'-to.like improvements within .a'radius-of one thousand feet
(1,000') from -El building site.
:D.- -,The building/.structure complies
with the -zoning laws applicable to the area of the proposed building
site.
E. ,The anticipated use of said building
structure complies with the' land use regulations applicable to the
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area"of the. proposed building. site.
If said building/structure is in a state
of deisrepair where presently located, the Director of Building Safety
shall"mak.e a.determination if same can be practicably and effectively
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repaired to comply with,.therequirements herein, then.a permit -to
relocate may be granted'upon such terms .and conditions -as, he, or
the Planning Commission, may -require.
No relocation..permit shall be issued.by
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...the Planning -Commission until the owner causes an inspection of -the
building or structure.to be made by' a licensed structural"pest control
contractor and until the findings of such inspection -are submitted to
the Director of Building --Safety.. If.the report requires extermination
or structural -repairs, the Planning Department shall not issue a.l
relocation permit until..the structural repairs -or extermination
necessitated by' the findings of the. inspection" are- inade and a statement
from.the licensed pest contro.l.contractor attesting to.such extermina-
t"ion or structural repairs -is submitted to the Director of.Bu'ilding
Safety.
§5-110..2 IMPOSING CONDITIONS-,:
I".
The Planning.Commissron may, in granting any.,,
relocation -permit; impose thereon such.terms and conditions as it
may deem reasonable and proper, pursuant to the -.intent and purposes
herein,'including-but not limited to', the requirement-:of"changes,
alterations,�`.additions-or repairs to be.made to or upon the building
or structure -or off -site -improvements to the end that relocation.)
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thereof,will nbt be materially detrimental or injurious to the
neighboring property --or improvements when -relocated and. -assure
compliance with other applicable ordinance or Code -provisions.
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§5-11.0.3 MOVED BUILDINGS..
Prior to -occupancy, anybuilding moved
pursuant to this chapter' -shall be brought up to -the standards of -the
Building -Code -.of the. -City and other applicable ordinances for a new
.building and shall be -painted, refurbished and maintained,at that;
:standard. I'
§5-lll.through §5=114 RESERVED
§5-.115 BOND REQUIREMENTS
Prior .to issuance of any Relocation Permit the
applicant shall post a bond,. -.by a -surety company authorized to_doi
business in this state'and acceptable to the City, or a cash deposit
for the purpose .of assuring the following:
I.
-. A. -A: completion, bond .for. building. .
construction determined'necessary:to comply with the provisions
herein; and
-
B`.- A 'time limitation for completion of
said relocation within ninety (90). -days after issuance of a House'
mover's Permit, unless -otherwise --extended for.good and sufficient;
cause by the Planning Commission
C. -Said bond or deposit.shall consist
of a sum or sums sufficient to cover the costs of completing th.e:1-
_relocation of the -subject building.or-structure, the. -on-site and.,
off' -site improvements.and all conditions.imposed as -determined by
the Planning Director, plus reasonable administrative -costs not to
exceed,fifteen,(15) percent of the. total or $ 1,000.00
mini -mum, whichever is greater. In no event shall the principal sum
F ..
of sad;bond or deposit be less than one thousand dollars ($1,00011.00)
D. -..The surety on said bond or. cash �.
deposit shall not.be released until said relocation has been completed
7
i
in full to the satisfaction of the.Directors of Building Safety and
Planning expressed in writing.
E. Such other terms and conditions
as shall.be required by.the'Directors of Planning and Building
.Safety to effectuate the intent and purpose herein.
55-115.1 TERMINATION
�r
A. When the project has been completed
as herein set forth the City shall exonerate the surety thereon or
refund.the excess of cash:deposit received, less any sums determined
to be due to the City hereunder, including administrative costs. fIn
the event that -said sums.are insufficient to cover said costs the,
amount due shall be a debt to the City and collectible as provided
by law.
B. Whenever it is determined by the City
that a default has occurred in the performance of any term or con',-
d`ition required in 'this chapter, written notice shall be given to'the
permittee,.principal on the bond and surety of same with request
f
to comply within a time certain or have the City complete or cause
to have completed, the work undone. If the Permittee, Surety or
other responsible persons fail to act within said time the City
shall complete, -or cause to have said work completed, or abate
the condition.as a nuisance at City's option. All costs incurred'
by the City in so acting, including said:.administrative costs, shall
be and are hereby declared to be a lien on the real property upon
which said building or structure has been relocated and enforce -1
able and collectible as provided by law..
SECTION _3: SEVERABILITY
If any provision of this ordinance is found to be invalid
or unconstitutional by interpretation or application to any persolin.
or circumstances, .such invalidity.or unconstitutionality shall {
not affect the other provisions or applications thereof which cant
be given valid effect."
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SECTION 4.: This`ordi'nance shall :take effect and be in
full force .and effect thirty (3,0)., days. from and. after its, passage,
-and before the expiration of fifteen; (15).. days after :its passage.,
shall be published once in the Orange Coast Daily ,Pilot, -.'a newspaper
of.general.circulation printed and -published the City of Costa'
Mesa,-".ao-gether with the -names -of the members of`the-City of -Costa.
Mesa, -together with the..names--,-of the members= of :the .City Council
voting for and against the same.`..
1M
PASSED AND ADOPTED this::day of.= I __
/�.
1975.-
ATTEST:
975.ATTEST:Mayor of the:City of CoEfa.Mesa
Al-
"„ City Clerk of "the City of
Costa Mesa
STATE OF CALIFORNIA-
COUNTY
ALIFORNIA COUNTY 'OF ORANGE ) " ss:;
'CITY OF COSTA MESA )
I, EILEEN.P. PHINNEY-, City Clerk and ex -officio Clerk of
the City Council 'of the. -.City -of .Costa -Mesa,,,
hereby' certify, that the
iw
above -and foregong Ordinance No.' -d¢�."as introduced and con-
sidered section by section -at a re
Zw gular. meeting .of said ftCity Council
held on the d da.y. of 5�10(�,.,,�,6„� 1975, andthereaer "pas -sed
and adopted .as_ ;a .whole at a •regular meeting of said City Council .held
on the.-&” -:day of. � �� _, 1975 by the following roll
call vote: nQ ®
AYES : COUNCIL MEMBERS :
-NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS: �p1�
IN WITNESS WHEREOF -I have hereby set my hand.and affixed
the Seal of ..the City -of -:_Costa Mesa'this..j7-Mday of
1975......
APPROVED AS TO FORM: Clity Clerk and ex -officio Cl k
-of the City Council of the Q1ty
of "Costa Mesa
By-:
ityfAtt%rnqF Deputy City Clerk of.the City of
Costa Mesa