HomeMy WebLinkAbout2014-04-22; City Council; 21576; Amending Municipal Code Title 18 Chapters 18.04 18.08 18.12 18.16 18.18 18.20 18.21 18.30, Repealing Chapter 18.288
CITY OF CARLSBAD - AGENDA BILL
'^^^ 21.576 ADOPTION OF ORDINANCE AMENDING CARLSBAD
MUNICIPAL CODE, TITLE 18, CHAPTER 18.04 (BUILDING
CODE); CHAPTER 18.08 (MECHANICAL CODE); CHAPTER
18.12 (ELEaRICAL CODE); CHAPTER 18.16 (PLUMBING
CODE); CHAPTER 18.18 (SOLAR ENERGY CODE);
CHAPTER 18.20 (RESIDENTIAL CODE); CHAPTER 18.21
(GREEN BUILDING STANDARDS CODE); AND CHAPTER
18.30 (ENERGY CONSERVATION REGULATIONS) AND
REPEALING CHAPTER 18.28 (SWIMMING POOL
ENCLOSURE AND USE)
DEPT. DIREaOR
MTG. 4/22/14
ADOPTION OF ORDINANCE AMENDING CARLSBAD
MUNICIPAL CODE, TITLE 18, CHAPTER 18.04 (BUILDING
CODE); CHAPTER 18.08 (MECHANICAL CODE); CHAPTER
18.12 (ELEaRICAL CODE); CHAPTER 18.16 (PLUMBING
CODE); CHAPTER 18.18 (SOLAR ENERGY CODE);
CHAPTER 18.20 (RESIDENTIAL CODE); CHAPTER 18.21
(GREEN BUILDING STANDARDS CODE); AND CHAPTER
18.30 (ENERGY CONSERVATION REGULATIONS) AND
REPEALING CHAPTER 18.28 (SWIMMING POOL
ENCLOSURE AND USE)
CITY ATTORNEY
DEPT. Clerk
ADOPTION OF ORDINANCE AMENDING CARLSBAD
MUNICIPAL CODE, TITLE 18, CHAPTER 18.04 (BUILDING
CODE); CHAPTER 18.08 (MECHANICAL CODE); CHAPTER
18.12 (ELEaRICAL CODE); CHAPTER 18.16 (PLUMBING
CODE); CHAPTER 18.18 (SOLAR ENERGY CODE);
CHAPTER 18.20 (RESIDENTIAL CODE); CHAPTER 18.21
(GREEN BUILDING STANDARDS CODE); AND CHAPTER
18.30 (ENERGY CONSERVATION REGULATIONS) AND
REPEALING CHAPTER 18.28 (SWIMMING POOL
ENCLOSURE AND USE)
CITY MANAGER
ADOPTION OF ORDINANCE AMENDING CARLSBAD
MUNICIPAL CODE, TITLE 18, CHAPTER 18.04 (BUILDING
CODE); CHAPTER 18.08 (MECHANICAL CODE); CHAPTER
18.12 (ELEaRICAL CODE); CHAPTER 18.16 (PLUMBING
CODE); CHAPTER 18.18 (SOLAR ENERGY CODE);
CHAPTER 18.20 (RESIDENTIAL CODE); CHAPTER 18.21
(GREEN BUILDING STANDARDS CODE); AND CHAPTER
18.30 (ENERGY CONSERVATION REGULATIONS) AND
REPEALING CHAPTER 18.28 (SWIMMING POOL
ENCLOSURE AND USE)
RECOMMENDED ACTION:
Adopt Ordinance No. CS-245, amending the Carlsbad Municipal Code, Title 18, Chapter 18.04 (Building Code); Chapter
18.08 (Mechanical Code); Chapter 18.12 (Electrical Code); Chapter 18.16 (Plumbing Code); Chapter 18.18 (Solar
Energy Code); Chapter 18.20 (Residential Code); Chapter 18.21 (Green Building Standards Code); Chapter 18.30
(Energy Conservation Regulations); and repealing Chapter 18.28 (Swimming Pool Enclosures and Use).
ITEM EXPLANATION:
Ordinance No. CS-245 was introduced and first read at the City Council meeting held on March 25, 2014. The second
reading allows the City Council to adopt the ordinance which will become effective thirty days after adoption. The
City Clerk will have the ordinance or a summary ofthe ordinance published within fifteen days, if adopted.
FISCAL IMPACT:
See AB #21,543 on file in the Office of the City Clerk.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the meaning of
CEQA in that it has not potential to cause either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment, and therefore does not require environmental review.
EXHIBIT:
1. Ordinance No. CS-245.
DEPARTMENT CONTACT: Shelley Collins 760-434-2808 Shelley.Collins(S)carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL AaiON: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
EXHIBIT 1
1 ORDINANCE NO. CS-245
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL
3 CODE, TITLE 18, CHAPTER 18.04 (BUILDING CODE);
CHAPTER 18.08 (MECHANICAL CODE); CHAPTER 18.12
4 (ELECTRICAL CODE); CHAPTER 18.16 (PLUMBING CODE);
CHAPTER 18.18 (SOLAR ENERGY CODE); CHAPTER 18.20
5 (RESIDENTIAL CODE); CHAPTER 18.21 (GREEN BUILDING
STANDARDS CODE); AND CHAPTER 18.30 (ENERGY
6 CONSERVATION REGULATIONS) AND REPEALING CHAPTER
18.28 (SWIMMING POOL ENCLOSURE AND USE).
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WHEREAS, the City Council of the City of Carisbad finds that adoption of the
2013 Edition ofthe California Building Code is in the best interest ofthe public and promotes the
health, safety and welfare of its citizens; and
WHEREAS, the City Council of the City of Carisbad finds that adoption of the
2013 Edition ofthe California Mechanical Code is in the best interest ofthe public and promotes
the health, safety and welfare of its citizens; and
WHEREAS, the City Council of the City of Carisbad finds that adoption of the
2013 Edition of the California Electrical Code is in the best interest of the public and promotes
the health, safety and welfare of its citizens; and
WHEREAS, the City Council of the City of Carisbad finds that adoption of the
2013 Edition ofthe California Plumbing Code is in the best interest ofthe public and promotes
the health, safety and welfare of its citizens; and
WHEREAS, the City Council of the City of Carisbad finds that adoption of the
2013 Edition of the Uniform Solar Energy Code is in the best interest of the public and promotes
the health, safety and welfare of its citizens; and
WHEREAS, the City Council of the City of Carisbad finds that adoption of the
24 2013 Edition of the California Residential Code is in the best interest of the public and promotes
2^ the health, safety and welfare of its citizens; and
2g WHEREAS, the City Council of the City of Carisbad finds that adoption of the
2'J 2013 Edition ofthe California Green Building Standards Code is in the best interest ofthe public
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Sections:
EXHIBIT 1
1 and promotes the health, safety and welfare of its citizens; and
2 WHEREAS, the City Council of the City of Carisbad finds that adoption of the
3 2013 Edition of the California Energy Code is in the best interest of the public and promotes the
4 health, safety and welfare of its citizens.
5 THEREFORE, the City Council of the City of Carisbad, California, does ordain as
6 follows:
7 Section 1: That Chapter 18.04 of the Carisbad Municipal Code is amended to
8 read as follows:
9 Chapter18.04
BUILDING CODE
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18.04.010 Adoption.
12 18.04.015 Sections 105.1 and 105.2 amended—Permits required.
18.04.020 Section 105.3.1 amended—Building Permit issuance.
13 18.04.025 Building Official designated.
18.04.030 Section 105.5 amended—Expiration.
14 18.04.035 Section 107.4 amended—Expiration of plan review.
18.04.040 Section 108.4 amended—Permit fees.
1^ 18.04.150 Section 202 amended—Definitions.
18.04.230 Section 1501 amended—Scope.
18.04.310 Violations.
18.04.315 Certificate of noncompliance.
18.04.330 Street name signs.
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The 2013 Edition of the California Building Code, Volumes 1 and 2 hereinafter referred to as
22 "the code," copyrighted by the California Building Standards Commission, two copies of which
are on file in the office of the city clerk for public record and inspection, are hereby adopted by
23 reference as the building code of the City of Carisbad for regulating the erection, construction,
enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy,
24 equipment, use, height, area, and maintenance of all buildings or structures in the city of
Carisbad, except for changes, additions, deletions and amendments in this chapter, which shall
25 supersede the provisions of said code.
26 Section 3: That Section 18.04.015 of the Carlsbad Municipal Code is amended to
27 read as follows:
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Section 2: That Section 18.04.010 ofthe Carlsbad Municipal Code is amended to
read as follows:
18.04.010 Adoption.
3 Fences not over six feet (1,829 mm) high.
EXHIBIT 1
1 18.04.015 Sections 105.1 and 105.2 amended—Permits required.
2 Sections 105.1 and 105.2 of the California Building Code are amended to read
as follows:
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105.1 Permits Required. Except as specified in Section 105.2 of this section, no building or
4 structure regulated by this code shall be erected, constructed, enlarged, altered, repaired,
moved, improved, removed, converted, or demolished unless a separate permit for each
5 building or structure has first been obtained from the Building Official.
6 105.2 Work Exempt from Permit. A building permit shall not be required for the following:
7 1. One story detached residential accessory buildings used as tool and storage sheds,
playhouses and similar uses, provided the floor area does not exceed 120 square feet (11
8 m2).
9 2 Playground, gymnastic and similar equipment and structures used for recreation and athletic
activities accessory to one and two family dwellings.
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4. Non-fixed movable fixtures, cases, racks, counters and partitions not over five feet nine
12 inches (1,853 mm) in height.
13 5. Retaining walls which are not over four feet (1,219 mm) in height measured from the bottom
of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II
14 or IDA liquids.
15 6. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons
(18,925 L) and the ratio of height to diameter or width does not exceed two to one.
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7. Platforms, walks and driveways not more than 30 inches above grade and not over any
17 basement or story below and are not part of an accessible route.
18 8. Painting, papering and similar finish work.
19 9. Temporary motion picture, television and theater stage sets and scenery.
20 10. Window awnings supported by an exterior wall of group R, Division 3, and Group U
occupancies when projecting not more than 54 inches.
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11. Prefabricated swimming pools accessory to a Group R Division 3 Occupancy in which the
22 pool walls are entirely above the adjacent grade and if the capacity does not exceed 5,000
gallons.
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12. Shade cloth structures constructed for nursery or agricultural purposes.
13. Antennas supported on the roof.
14. Electrolier standards, flag poles and antennas not over 35 feet in height above finish grade
26 when fully extended.
27 15. Repairs which involve only the replacement of component parts or existing work with similar
materials only for the purpose of maintenance and which do not aggregate over $1,000.00
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EXHIBIT 1
1 in valuation and do not affect any electrical or mechanical installations. Repairs exempt from
permit requirements shall not include any addition, change or modification in construction,
2 exit facilities or permanent fixtures or equipment. Specifically exempt from permit
requirements regardless of value:
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a. Painting and decorating
4 b. Installation of floor covering.
c. Cabinet work.
d. Outside paving.
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Unless othenwise exempted, separate plumbing, electrical and mechanical permits will be
7 required for the above exempted items. Exemption from the permit requirements of this
code shall not be deemed to grant authorization for any work to be done in any manner in
8 violation of the provisions of this code or any other laws or ordinances of this jurisdiction.
9 Section 4: That Section 18.04.040 of the Carlsbad Municipal Code is amended to
10 read as follows:
11 18.04.040 Section 108.4 amended—Permit fees.
12 Section 108.4 of the California Building Code is amended to read as follows:
13 PERMIT FEES. The fees for each permit shall be as set forth in the City's master fee schedule
or by a resolution of the City Council.
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Roofing assemblies, roof coverings, and roof structures shall be as specified in this Code and
19 as otherwise required by this Chapter.
20 Roofing assemblies and roof coverings other than wood shakes and shingles shall be Class A.
21 Wood Shakes and Shingles of any classification are prohibited as a roof covering on all
structures and on all replacement roofs.
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Roof coverings shall be secured or fastened to the supporting roof construction and shall
23 provide weather protection for the building at the roof.
24 Skylights shall be constructed as required in Chapter 24. For use of plastics in roofs, see
Chapter 26.For solar photo voltaic energy collectors located above or upon a roof, see Chapter
25 6 of the California Fire Code.
26 SECTION 6: That Section 18.04.320 of the Carisbad Municipal Code is repealed
27 in its entirety.
Section 5: That Section 18.04.230 ofthe Carlsbad Municipal Code is amended to
read as follows:
18.04.230 Section 1501 amended—Scope.
Section 1501 ofthe California Building Code is amended to read as follows:
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EXHIBIT 1
1 Section 7: that Section 18.08.010 of the Carisbad Municipal Code is amended to
2 read as follows:
3 18.08.010 Adoption.
4 The California Mechanical Code 2013 Edition, copyrighted by the International Association of
Plumbing and Mechanical Officials, is adopted by reference as the mechanical code of the City
5 of Carisbad.
6 SECTION 8: That Section 18.12.010 of the Carisbad Municipal Code is amended
7 to read as follows:
8 18.12.010 Adoption.
9 The California Electrical Code 2013 Edition, copyrighted by the National Fire Protection
Association, is adopted by reference as the electrical code for the city of Carisbad.
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SECTION 9: That Section 18.16.010 ofthe Carlsbad Municipal Code is amended
to read as follows:
18.16.010 Adoption.
The California Plumbing Code, 2013 Edition, copyrighted by the International Association of
14 Plumbing and Mechanical Officials, is adopted by reference as the plumbing code of the city of
Carisbad except for the changes, additions, and amendments set forth in this chapter, which
15 shall supersede such provisions of said code.
16 Section 10: That Section 18.18.010 of the Carlsbad Municipal Code is amended
17 to read as follows:
18 18.18.010 Adoption of the Uniform Solar Energy Code.
19 The Uniform Solar Energy Code, 2012 Edition, copyrighted by the International Association of
Plumbing and Mechanical Officials, is adopted by reference as the solar energy code of the city
20 of Carlsbad.
21 Section 11: That Section 18.20.010 ofthe Carisbad Municipal Code is amended
22 to read as follows:
23 18.20.010 Adoption.
24 The 2013 California Residential Code including Appendix Chapter H, copyrighted by The
California Building Standards Commission, is adopted by reference as the Residential Building
25 Code of the City of Carisbad.
Section 12: That Section 18.21.010 ofthe Carisbad Municipal Code is amended
to read as follows:
EXHIBIT 1
1 18.21.010 Adoption.
2 The 2013 California Green Building Standards Code copyrighted by The California Building
Standards Commission, is adopted by reference as the Green Building Standards Code of the
3 City of Carisbad.
4 Section 13: That Chapter 18.30 of the Carisbad Municipal Code is amended to
5 read as follows:
6 Chapter 18.30
ENERGY CONSERVATION REGULATIONS
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18.30.010 Adoption.
9 18.30.020 Purpose and application.
18.30.030 Building Official designated.
18.30.040 Solar alternative design provisions required.
18.30.050 Permit fees.
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Sections:
Section 14: That Section 18.30.010 of the Carisbad Municipal Code is amended
to read as follows:
18.30.010 Adoption.
The California Energy Code, 2013 Edition, copyrighted by the California Building Standards
Commission is adopted by reference as the Energy Code for the City of Carisbad.
Section 15: That Section 18.30.040 of the Carlsbad Municipal Code is amended
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18.30.040 Solar alternative design provisions required. 18
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1. All new residential units shall include provisions specifically designed to allow the later
2Q installation of any system which utilizes solar energy as an alternative energy source. No
building permit shall be issued unless the piping or conduit and roof penetration details
2j required pursuant to this section are indicated in the building plans. This section shall apply
only to those residential dwelling units for which a building permit was applied for after the
22 effective date of the ordinance adopting this chapter.
22 2. Exception. The provisions of this section can be modified or waived when it can be
satisfactorily demonstrated to the building official that solar energy alternatives are
24 impractical due to shading, building orientation, construction constraints or configuration of
the parcel.
Section 16: That Chapter 18.28 ofthe Carlsbad Municipal Code is repealed in its
entirety.
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EXHIBIT 1
1 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption;
2 and the city cleri< shall certify the adoption of this ordinance and cause the full text of the ordinance
3 or a summary of the ordinance prepared by the City Attorney to be published at least once in a
4 newspaper of general circulation in the City of Carisbad within fifteen days after its adoption.
5 INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City
6 Council on the 25th day of March. 2014, and thereafter.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of
the City of Carlsbad on the 22"'' day of April, 2014, by the following vote to wit:
AYES:
NOES:
Council Members Packard, Wood, Schumacher and Blackburn.
None.
ABSENT: Council Member Hall.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
CELIA A. BREWER, City Attorney
MARK PACKARD, Mayor Pro Tem
ATTEST:
BARBARA ENGLESON, Cit^^Clerk
(SEAL)
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
This space is for the County Clerk's Filing Stamp
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident
of the County aforesaid: I am over the age of
eighteen years and not a party to or interested in
the above-entitled matter. I am the principal clerk
of the printer of
UT - North County
Formeriy known as the North County Times and
which newspaper has been adjudicated as a
newspaper of general circulation by the Superior
Court of the County of San Diego, State of
California, for the City of Oceanside and the City of
Escondido, Court Decree numbers 171349 &
172171, for the County of San Diego, that the
notice of which the annexed is a printed copy (set
in type not smaller than nonpariel), has been
published in each regular,and entire issue of said
newspaper and not in any supplement theregf on
the following dates, torwit:
Proof of Publication of
NOTICEOP PUBLIC HEARING
iNOTtCE IS HEREW GIVEM toyou, tweause your In-. jn^igY beja««ct«i that th« Ctty Go«mcH of the GIty ^€*ta»xid^« hqW a public ttacniflfl at«ie Couri-
Callfemla/at 6:Mp.ni. on Tuesday, AprilTl, 20t4, to.consider odoption of the 2013 Colifomia Buiiding and Fire Codes and moroipartlcuiarty described ca:
ADOPTION ,OF THE 2013 CAUIFORNIA BUILDING AND Fl RE CODES, as amended
ThMft peraon^ wishlns,to speak on tlvis proposal are cordtally In-vited to attend the ptiMIc hearrng. Copies of the agendo bill will be available on cmd after April 18, 2014. If you hove any ques-nons,. Please contact Will Foss in the Community and Economic Oeveiopment Department Building Division crt C740) M2-271i or wtli.iMSOccn-lsbadGa.gov.
If you challenge the Buiidtng and Flre Code Adet>tion ih court, ypu mew bejirnltcd to raising only those Issues you or someone else raised at the public hearing described in this notice or in
!y/2*^J5K''«22i?'*'*!S-**g*'^'^ ^ *•» C'tr »»Cor Isbad, Attn: CjhjGtorlt's Office, 1200X^lsbad Village DrWe, Carlsbaci, CA 92008, at or prior to the public hearing.
CASE f^AME: 2013CALIFORNIA BUILDING AND FIRE COOES CITY OF CARLSBAD CITY COUNCIL pub: A/A. VW14
April 04* & 18t^ 2014
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at Oceanside, California
On this 18*, day April 2014
. 7
Jane Allshouse
NORTH COUNTY TIMES
Legal Adveriiising
AFFIDAVIT OF MAILING
NOTICE OF PUBLIC HEARING
TO: CITY CLERK
DATE OF PUBLIC HEARING: ^/^^^fCf
SUBJECT: ^0(3> 5offc^cVvug ^ fjV^ &cl^
LOCATION: ^
DATE NOTICES MAILED TO PROPERTY OWNERS: _
NUMBER MAILED: M^/A .
1 declare under penalty of perjury under the laws of the State of California that I am
employed by the City of Carisbad and the foregoing is true and correct.
CITY CLERK'S OFFICE
/ (D6te) (Signature) / (D6te)
SENT TO FOR PUBLICATION VIA E-MAIL TO: Union Tribune
Q- -NOI HI County Times
PUBLICATION DATE: Union Tribune H-jc^jit^ cS ^^^g^^^
North County Timoo
I declare under penalty of perjury under the laws of the State of California that I am
employed by the City of Carisbad in the City Clerk's Office and the foregoing is true and
correct.
Date:
(Signature)
Attachments: 1) Mailing Labels
2) Notice w/ attachments