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HomeMy WebLinkAbout06 - OB-1 - Second Reading of Ordinance 11-4 - 3/15/2011CITY COUNCIL AGENDA REPORT MEETING DATE: MARCH 15, 2011 ITEM NUMBER: SUBJECT: SECOND READING OF ORDINANCE 11-4 ADOPTING CODE AMENDMENT CO -11-01: AN AMENDMENT TO TITLE 5, CHAPTER I, OF THE COSTA MESA MUNICIPAL CODE REGARDING BUILDING PERMIT REQUIREMENTS FOR MASONRY WALLS GREATER THAN THREE FEET IN HEIGHT DATE: MARCH 2, 2011 FROM: DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: KHANH NGUYEN, CBO, BUILDING OFFICIAL FOR FURTHER INFORMATION CONTACT: KHANH NGUYEN (714) 754-5277 RECOMMENDATION: Give second reading and waive further reading to Ordinance 11-4, amending Title 5, Chapter I, of the Costa Mesa Municipal Code related to building permit requirements for masonry walls greater than three feet in height. ANALYSIS: On March 1, 2011, City Council gave first reading to Ordinance 11-4. Staff has no further information on this item. KHANH NGUYEN, Building Official j ATTACHMENT: 1. Ordinance No. 11-4 KIMBERLY BRA(OPT, AICP Development Se ces Director DISTRIBUTION: Chief Executive Officer Assistant Chief Executive Officer 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: 031511=101 Mason Walls I Date: 030311 1 Time: 8:15 a.m. ATTACHMENT 1 ORDINANCE NO. 11-4 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. 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. 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. 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 0. 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 v