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Home My WebLink About07 - NB-2 - Ordinance Amending Municipal Code - 3/1/2011CITY COUNCIL AGENDA REPORT MEETING DATE: MARCH 1, 2011 ITEM NUMBER: SUBJECT: CO -11-01 CODE AMENDMENT TO TITLE 5, CHAPTER 1, OF THE COSTA MESA MUNICIPAL CODE REGARDING BUILDING PERMIT REQUIREMENTS FOR MASONRY WALLS GREATER THAN THREE FEET IN HEIGHT DATE: FEBRUARY 14, 2011 FROM: DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: KHANH NGUYEN, CBO, BUILDING OFFICIAL FOR FURTHER INFORMATION CONTACT: KHANH NGUYEN (714) 754-5277 RECOMMENDATION: Introduce for first reading and waive further reading. BACKGROUND: At the February 1, 2011 meeting, the City Council directed staff to bring forth an ordinance to require building permits for masonry walls greater than three feet in height. Council expressed several concerns with regard to exempting 6 feet high masonry walls from building permits: 1. Unlicensed contractors who performed substandard work left the homeowners with little recourse to have the work corrected. By requiring permits, staff will verify that the contractor has the proper State license, workman's compensation, and City business license prior to permit issuance. 2. Many walls are built throughout the City inconsistent with the zoning code. e.g. exceed height in the front setback. The permit process will include Planning staff checking the wall plans to confirm that zoning requirements are met before the plans are approved. 3. Walls built that may have encroached into neighbor's yard. The permit process will include a party wall agreement between neighbors. This will ensure that the location of the common wall is agreed to by both parties. If approved, the attached ordinance will amend Title 5 requiring building permits for masonry walls greater than 3 feet in height. ANALYSIS: Staff is recommending that building permits only be required for masonry walls (e.g., stucco, block, pilaster, or brick), and not for fences (e.g., wood, steel, vinyl, or iron). The City has never required a building permit for fences, and if a fence is constructed inconsistent with zoning standards, the necessary correction is more easily made than for a masonry wall. The cost for a masonry wall permit is $211 for a 6' high 100 lineal feet wall and $127 for a 6' high 50 lineal feet wall. Typically staff will be able to issue the permit "over the counter". The property owner or contractor will be required to submit a site plan (showing location and height) and construction specifications. We currently have standard specifications for six-foot high block walls that can be used for permit issuance. For masonry walls being proposed on property lines, staff is not recommending that a lot line survey be required for permit issuance. This requirement adds substantial cost and time to the homeowners. The cost for a survey could well exceed $1,000, depending on the location of the datum marker on the sidewalk or street. FISCAL REVIEW: There should not be an impact to the City budget as the permit fees will cover most of the cost for inspection. Staff estimates issuing 100 masonry wall permits and collecting $17,000 per year in permit fees. Fee comparisons with surrounding jurisdictions: Jurisdictions Permit Required Permit fee for a Permit fee for a Additional for Masonry Walls 100 lineal feet 50 lineal feet Requirements wall, 6' high wall, 6' high Costa Mesa More than 36" *$211 *$127 Party wall agreement high (proposed) Huntington Beach More than 42" high *$286 *$185 Party wallagreement Fountain Valley More than 36" high $385 $235 Party wallagreement Newport Beach More than 36" high $334 $235 Party wall agreement & Lot Line Survey Orange County Not required up to NA NA NA 6' high Santa Ana Not required up to NA NA NA 6' high Irvine Not required up to NA NA NA 6' high *Does not charge plan check fee LEGAL REVIEW: The City Attorney has approved the ordinance as to form. 119 ALTERNATIVES CONSIDERED: Receive and file. CONCLUSION: Building permit requirements for masonry walls that are greater than 3 feet in height will ensure that the walls are constructed in conformance with all applicable building and zoning code requirements. Building Official KIMBERLY BRAN, AICP Development Services Director ATTACHMENT: 1. Ordinance No. 11 - DISTRIBUTION: City Manager Assistant City Manager City Attorney Public Services Director Transportation Svs. Mgr. City Clerk (2) Staff (4) File (2) Building Industry Association (BIA) South Coast Metro Alliance Costa Mesa Chamber of Commerce File: 030111CO1101MasonryWalls I Date: 021411 1 Time: 1:00 p.m. ..3 ATTACHMENT 1 ORDINANCE NO. 11 - AN ORDINANCE OF THE CITY COUNCIL OF COSTA MESA, CALIFORNIA ADOPTING MUNICIPAL CODE AMENDMENT CO -11-01, AMENDING SECTIONS 5-1.1 AND 5-1.3 OF TITLE 5 OF THE COSTA MESA MUNICIPAL CODE RELATED TO BUILDING PERMIT FOR MASONRY WALLS THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Section 5-1.1 and 5-1.3 of Chapter I, Title 5, is hereby amended as follows: Amend Section 5-1.1 by adding the following: "k) Amend item number 2 under "Building" in Section 105:2, Work exempt from permit, as follows: 2 PeRGGS Ret eyeF 6 foot (1829 mm)hirh. Wood, steel, vinyl, or iron fences not over 6 feet high. Stucco, concrete, brick, masonry, block fences not over 3 feet high." Amend Section 5-1.3 by adding the following: "g) Amend item number 2 under "Building" in Section R105.2, Work exempt from permit, as follows: 2. FGRGeo RE)t ever 6 foot (1829 mm) high. Wood, steel, vinyl, or iron fences not over 6 feet high. Stucco, concrete, brick, masonry, block fences not over 3 feet high." SECTION 2: ENVIRONMENTAL DETERMINATION. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City's environmental procedures, and has been found to be exempt pursuant to Section 15061 (b) (3) (general rule) of the CEQA Guidelines, in -that the City Council hereby finds that it can be seen with certainty that there is no possibility that the passage of this ordinance amending the zoning code will have a significant effect on the environment. SECTION 3: INCONSISTENCIES. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and or further, is hereby repealed or modified to the extent necessary to affect the provisions of this ordinance. SECTION 4: SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable. 31 SECTION 5: PUBLICATION. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names and member of the City Council voting for and against the same. PASSED AND ADOPTED this day of 2011. GARY MONAHAN Mayor of the City of Costa Mesa ATTEST: APPROVED AS TO FORM: City Clerk of the City of Costa Mesa City Attorney C S STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) I, JULIE FOLCIK, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above foregoing Ordinance No. 11- as introduced and considered section by section at a regular meeting of said City Council held on the day of , 2011, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the day of , 2011, by the following roll call vote: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day of , 2011. City Clerk City Council of the City of Costa Mesa R