Loading...
HomeMy WebLinkAbout1999 05-25 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY, MAY 25, 1999 - 6:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG BY THE CITY MANAGER, TOM G. MCCABE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF MAY 11, 1999 AND MAY 18, 1999. COUNCIL AGENDA 5/25/99 Page 2 PRESENTATION Report from the County of San Diego on a Potential Joint -Use Facility INTERVIEWS/APPOINTMENTS Housing & Community Development Committee - Appointment and Reappointment Boards & Commissions - Interview PUBLIC HEARING 1. Public Hearing - Consideration of adoption of various California and Uniform Codes relating to construction and maintenance of structures by reference. (Building & Safety) CONSENT CALENDAR Consent Calendar: Consent Calendar items involve matters which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 2. Resolution No. 99-68 Resolution of the City Council of the City of National City accepting the conveyance, and authorizing the recordation of the Grant Deed document for street purposes, and authorizing the naming of parcels of land on 30th Street. (Engineering) COUNCIL AGENDA 5/25/99 Page 3 CONSENT CALENDAR (Cont.) 3. Resolution No. 99-69 Resolution of the Council of the City of National City authorizing the City Engineer to establish a thirteen foot red no parking zone adjacent and south of the driveway at 3131 Hoover Avenue. (Engineering) 4. Resolution No. 99-70 Resolution of the City Council of the City of National City authorizing the City Engineer to establish a fourteen foot red no parking zone adjacent to the driveway at 2822 East 18`h Street. (Engineering) 5. Resolution No. 99-71 Resolution of the City Council of the City of National City accepting the right-of- way entry permit, and authorizing the recordation of said document for the reconstruction of Division Street. (Engineering) 6. Resolution No. 99-72 Resolution of the City Council of the City of National City accepting the right-of- way entry permit, and authorizing the recordation of said document for the reconstruction of Division Street. (Engineering) 7. Resolution No. 99-73 Resolution of the City Council of the City of National City accepting the right-of- way entry permit, and authorizing the recordation of said document for the reconstruction of Division Street. (Engineering) COUNCIL AGENDA 5/25/99 Page 4 CONSENT CALENDAR (Cont.) 8. Resolution No. 99-74 Resolution of the City Council of the City of National City accepting the right-of- way entry permit, and authorizing the recordation of said document for the reconstruction of Division Street. (Engineering) 9. Resolution No. 99-75 Resolution of the City Council of the City of National City accepting the right-of- way entry permit, and authorizing the recordation of said document for the reconstruction of Division Street. (Engineering) 10. Resolution 99-76 Resolution of the City Council of the City of National City accepting the right-of- way entry permit, and authorizing the recordation of said document for the reconstruction of Division Street. (Engineering) 11. WARRANT REGISTER #45 (Finance) Ratification of Demands in the amount of $262,074.16. ORDINANCES FOR ADOPTION 12. An Ordinance of the City Council of the City of National City, adopting Volumes I and II of the California Building Code, 1998 Edition, amending certain sections and adopting Appendix Chapters 9, 10, 12 (Division IIA), 15 and 31 (Division III); providing penalties for violation thereof and amending Ordinance No. 96- 2111 and Chapter 15.08 of the National City Municipal Code. (Building & Safety) COUNCIL AGENDA 5/25/99 Page 5 ORDINANCES FOR ADOPTION (Cont.) 13. An Ordinance of the City Council of the City of National City adopting the Uniform Code for the abatement of dangerous buildings, 1997 Edition, and amending Ordinance No. 96-2112 and Chapter 15.10 of the National City Municipal Code. (Building & Safety) 14. An Ordinance of the City Council of the City of National City, adopting Chapters 1 through 6 and Sections 701.2 and 701.3 of the Uniform Housing Code, 1997 Edition, amending certain sections, and amending Ordinance No. 96-2114 and Chapter 15.16 of the National City Municipal Code. (Building & Safety) 15. An Ordinance of the City Council of the City of National City adopting the California Mechanical Code, 1998 Edition, adopting Appendix A, B and C of said Code, and amending Ordinance No. 96-2113 and Chapter 15.14 of the National City Municipal Code. (Building & Safety) 16. An Ordinance of the City Council of the City of National City, adopting the California Electrical Code, 1998 Edition, and the Uniform Administrative Code Provisions for the National Electrical Code, 1996 Edition, as amended, establishing requirements, rules and standards for electrical installations and materials, within the City and amending -Ordinance No. 96-2117 and Chapter 15.24 of the National City Municipal Code. (Building and Safety) 17. An Ordinance of the City Council of the City of National City adopting the Uniform Swimming Pool, Spa and Hot Tub Code, 1997 Edition, and amending Ordinance 96-2116 and Chapter 15.22 to the National City Municipal Code relating to swimming pools, spas and hot tubs. (Building & Safety) COUNCIL AGENDA 5/25/99 Page 6 ORDINANCES FOR ADOPTION (Cont.) 18. An Ordinance of the City Council of the City of National City adopting the California Plumbing Code, 1998 Edition, establishing regulations for the installation, maintenance and alteration of plumbing systems, amending certain sections of the California Plumbing Code, and amending Ordinance No. 96- 2115 and Chapter 15.20 of the National City Municipal Code. (Building & Safety) 19. An Ordinance of the City Council of the City of National City adopting the California Building Code 1998, Appendix Chapter 33, amending Ordinance No. 93-2054 and Chapter 15.70 to the National City Municipal Code relating to grading and excavation. (Building & Safety) 20. An Ordinance of the City Council of the City of National City, adopting the California Fire Code, 1998 Edition, and the Uniform Fire Code, 1997 Edition, Volumes I and II, and Appendices thereto, prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion; providing for the issuance of permits for hazardous uses or operations; and establishing a Community Risk Management Group and providing officers therefor and defining their powers and duties; repealing Ordinance No. 96-2118 and all other Ordinances and parts of the Ordinance in conflict therewith; and amending Chapter 15.28 of the National City Municipal Code. (Fire) NEW BUSINESS 21. Post -Budget City Council Recess. (City Manager) 22. Scheduling Finance Committee Review of the 1999-00 Annual Budget. (City Manager) 23. Requested relief from sewer billing by Hocking: (Public Works) COUNCIL AGENDA 5/25/99 Page 7 NEW BUSINESS (Cont.) -> CITY MANAGER -> CITY ATTORNEY - > OTHER STAFF - > MAYOR - CITY COUNCIL PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. CLOSED SESSION Conference with Labor Negotiators - Government Code Section 54957.6 Agency Designated Representatives: Dan Cassidy, Roger DeFratis Employee Organization: Police Officers' Association COUNCIL AGENDA 5/25/99 Page 8 NEW BUSINESS (Cont.) ADJOURNMENT Next Regular City Council Meeting - June 1, 1999 at 3:00 p.m. - Council Chambers, Civic Center. TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE GREG COX SUPERVISOR, FIRST DISTRICT SAN DIEGO COUNTY BOARD OF SUPERVISORS May 4, 1999 Mr. Tom McCabe, City Manager City of National City 1243 National City Blvd. National City, CA 91950 Dear Mr. McCabe: • „; Please consider this a request to be placed on the agenda of the National City City Council on Tuesday, May 18, 1999. Please notice this item as a "Report from the County of San Diego on a Potential Joint -use Facility." Thank you for your consideration. Sincerely, GREY CO Supervisor First District cc: Mike Dalla, City Clerk Note: Request for Presentation to be held over until zlceting of 5/25/99 per Cox's office. COUNTY Ap/NISTRATION CENTER .1600 PACIFIC HIGHWAY, ROOM 335 • SAN DIEGO, CA 92101-2470 • (619) 531-5511 FaX (619) 235-0644 0 VIM.d on IKyore DOG.. Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor May 11, 1999 TO: COUNCILMEMBERS FROM: MAYOR WATERS SUBJECT: HOUSING & COMMUNITY DEVELOPMENT COMMITTEE Please be advised that there are presently two vacancies on the Housing & Community Development Committee. Mr. Richard Hubbard served on the Civil Service Commission for 10 years and now has expressed a desire to serve on the above - subject Committee. If there are no objections, I recommend we appoint Mr. Hubbard to serve a full term on the Housing & Community Development Committee which ends on April 28, 2001. This item will be placed on the Council Agenda for the meeting of May 25, 1999. GEORGE H. WATERS MAYOR GHW:nu Recycled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Planning Commission r! Civil Service Commission Port Commission Senior Citizens Advisory Board Traffic Safety Committee Parks & Recreation Advisory Board Library Board of Trustees Serra Library Systems Board Sweetwater Authority Street Tree & Parkway Committee San Diego County Water Authority Project Area Committee Housing & Co unity Development Student Commissioner Committee V Name: 7L/uc3,3�20 /1 i 6 AO/esti Birth Date s/7/57V (Last) (First) (Optional) Home Address:'//' ��% //4 Telephone: Residence ( 7 9`-/Lf'Z, ) BusinesslWork (,467.e NUMBER OF YEARS YOU HAVE LIVED IN: ` CALIFORNIA? -5-5j SAN DIEGO COUNTY? L V NATIONAL CITY? SY ARE YOU A REGISTERED VOTER: YES NO Al Colleges aendett,and degrees held, if any: .cee �/e--C, ��!'/'�c.o�/L�i i 7 Related Professional or iv Experience: i c/ �i'-2_2/ > u,,-4.Cc Qr/(' .ito.d-c--r. v i2�e-, SE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE REGARDING YCUR SERVICE ON THE ABOVE NAMED//BOARDS, COMMITTEES OR COMMISSIONS: ,a�,I.4, 7 . 7 Qj!4..,ir 7,--)/S�z i�z,:?Q. cZ Ge/l -'1 ,A <'.47 -G7- r ,.Cni 22 E/-iP 7 L..��-Z?t� /g7-el_ "f:.G'--f/-z7-�,-y'.'C. l L (/ DATE.N..5 /er. YOUR SIGNATURE RETURN COMPLETED FORM TO: THE CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor MAY 10, 1999 TO: COUNCILMEMBERS FROM: MAYOR GEORGE H. WATERS SUBJECT: HOUSING & COMMUNITY DEVELOPMENT COMMITTEE Please be advised that Georgia Guarano's term on the Housing & Community Development Committee expired on April 28, 1999. Ms. Guarano has served on the above -subject committee since 1995 and is requesting consideration for reappointment. If there are no objections, I recommend we reappoint Ms. Guarano for a term ending April 28, 2001—this will require 3/4ths vote from the Council. This item will be placed on the Council Agenda for the meeting of MAY 25, 1999. GE���H. WATERS Mayor GHW:nu Recgcled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: tt is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board ✓ Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee V Name: GU P.ANO QE(JRG/I� (First) (Optional) (Last) Home Address: 4Y) /-/AR.R 15.011) 41)F. fl.4Ti. (7/77 /t A• g f 5)) - 3033 Telephone: Residence 6. fq) 2,43 - A 50 4- ) Business/Work ( ,hr- ) NUMBER OF YEARS YOU HAN VE LIVED IN: CALIFORNIA? SAN DIEGO COUNTY? NATIONAL CITY? 40 Y,C. Birth Date 7- 14 -33 ARE YOU A REGISTERED VOTER: YES ✓ NO: STUDEWCOMMIeStelW Colleges attended and degrees held, if any: Related Professional or Civic �( Experience: QrK Gl-J . /Ztauuxhz-d- PLEASE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS, COMMITTEES, OR COMMISSIONS: j ,fie > G Oa/ -,/ �i ict�/ ✓lam// mil% (1424.— pAj.2e.ole , DATE: - 4 - YOUR SIGNATURE j1_er-47 RETURN COMPLETED FORM TO: THE CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor. May 14, 1999 Mr. Aurelio Mendoza 4132 Calmoor Street National City. CA 91950 RE: APPOINTMENT TO CITYBOARDS & COMMISSIONS Dear Mr. Mendoza: This letter is to notify you that in order to be considered for appointment to one of our City's Boards and Commissions, you are required by City policy to appear before the City Council for an interview. You are, therefore, requested to appear for consideration for appointment at our Council meeting on Tuesday, May 25, 1999 at 6:00 p.m. in the Council Chambers. If you are unable to attend, please contact my office immediately. Your prompt attention to this matter is greatly appreciated. Sincerely, H. _WATERS MAYOR GHW:nu Iccl ARE YOU A REGISTERED VOTER: CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and. intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Comgtunity Development Committee Name: A"lf=Aj.) 2/ 6//W''O ( e-*//ef Birth Date (Last) (First) r (Optional) 32-2/7Li,6o� 5T. /(,'t�f� � Home Address: 9 , / Telephone: Residence ( �92�7-- ) BusinesslWoric ( ����S%/G ) NUMBER OF YEARS YOU HAVE LIVED IN: / `• CALIFORNIA? SAN DIEGO COUNTY? Id' NATIONAL CITY? 7 � 'h7' ;'«% NO Collegas a�tte d and degrees heisLif / 1 / / any: CXiI-PZ /s' Qu<7/&t4erZ[s 6C..2ej2EZ5 4A. I-41-cl �/Z<ZSEJ� ( �« .L,;.� /OIaT/ 'N!L /1<�Z-t is "U(a I.iE,tsift, 9- / 2,4 /4. , fL-e)'._' =c _ Related Prof ional ar vic % / �`?i'�'%'�L`' es� ] /7 ..K.,.r: sic ertence: 5-57 , ✓/c�cr� e Gu 71r `� :�L£u �t��/e lL '�i/ �� �i �ui� J-Ci�L t�c� C.' x��ZG't/ C.-% ri. ..i' "%tJ)(e t &.41LEe PLEASE INDICATE BELOW ANY FL RTHERG1NFORMATION TNT WILL BE OF VALUE/7 REGARDING YOUR SERVICE ON THE- ABOVE NAME BOARDS, COMMITTEES OR l/ %." ��-�Gr.U�%`2llvuC it 2c in-9/ ��c ..dc.a COMMISSIONS: › Ce9kik uc T i �ul.( "7: Cj ,/^.,+CG-•:c Xl� ,.' .,�R; -i45 <0/Al..f Ci%� ; /��c._:''�..zi+l/-.% 2G'S,'/'C' DATE: /Yei9 YOUR SIGNATURE�� ' U � RETURN COMPLETED FORM TO: THE CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 25, 1999 AGENDA ITEM NO. 1 (-ITEM TITLE PUBLIC HEARING - CONSIDERATION OF ADOPTION OF VARIOUS CALIFORNIA AND UNIFORM CODES RELATING TO CONSTRUCTION AND MAINTENANCE OF STRUCTURES BY REFERENCE PREPARED BY Kathleen Trees, Acting DV&A TENT Building and Safety EXPLANATION State law requires that the new edition of the codes becomes effective on July 1, 1999, which is 180 days after publication by the State Building Standards Commission. On this date the 1998 edition of Title 24 must be enforced at the local level. The local adoption allows the City to amend the codes adopted by the State Building Standards Commission, however state law requires that any changes made to the technical provisions of the codes must be justified as "reasonably necessary because of local climatic, geological, or topographical conditions." Administrative provisions of the codes may be amended without such findings. The Advisory and Appeals Board at its May 4, 1999 meeting recommended that the City Council adopt the codes and local amendments. Environmental Review Financial Statement N/A X N/A Account No. STAFF RECOMMENDATION Conduct the public hearing and, if appropriate, adopt the ordinances. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Related Staff Report Advisory and Appeals Board Resolutions 99-1, 99-2 and 99-3 Resolution No. A-200 (9i80) SUMMARY OF SIGNIFICANT CODE CHANGES 1998 California Building Code One of the most significant changes to the 1998 California Building Code (C.B.C.) is the way in which the code is now published. In the past the State has adopted the Uniform code with State amendments. This year, however the State has chosen to incorporate the amendments into the uniform codes and publish them as the California Building Codes. The codes are now published jointly by the International Conference of Building Officials and the California Building Standards Commission. This is the last time the State is expected to adopt the uniform model codes. Progress is being made to switch to the International Family of Codes during the next code cycle. The International Codes are a combination of the codes produced by the three major code organizations. The majority of states east of the Mississippi River use building codes published by the Building Officials and Code Administrators International or the Southern Building Code Congress International. The code change cycle now includes joint meetings between members of the different code groups. The 1998 California Building Code has a completely rewritten exiting chapter. It now includes a three-part definition of "means of egress." These definitions are the exit access (where exiting starts), the exit (the point where the code feels an adequate level of safety has been achieved) and the exit discharge (the area where the occupant goes after leaving the building). The UBC was the last model building code not using the three-part definition and the change was long overdue. The National Fire Protection Association (NFPA) in 1956 first used the three-part means of egress system. It is anticipated that the change will eventually make the code easier to use in designing and enforcing these provisions and it was important in the effort toward a single national building code. Also new is earthquake design chapter. This code change has been under development since 1993 by the Structural Engineers Association of California Seismology Committee. It now is important to know the proximity of the structure to the fault. Strong ground measurements from the Northridge. Kobe and other large earthquakes have shown that ground motions are significantly greater near the earthquake. To account for this a near source factor has been introduced. This factor only applies in seismic zone 4. A major structural change requires sill anchor bolts to be a minimum of 5/8". The code's minimum sill bolt size and spacing has been unchanged for the past 51 years, during which period substantial increases in minimum lateral loads have been incorporated into the codes engineering provisions. Calculations show that the current prescriptive code requirements for sill anchorage are not adequate to provide this equivalence in Seismic Zone 4. AIong the same line, the code now addresses the practice of over -sizing the holes for the sill bolts. Square plate washers are prescriptively required to compensate for this practice. This will reduce the tendency for longitudinal splitting of the plate from seismic loading. The new edition of the code also requires a minimum amount of steel reinforcing to be included in slabs and footings in seismic zone 4. Different in the adopting ordinance this year is the removal of the limit of accessory structures to 100 square feet. The limit now agrees with the latest edition of the code and is set at 120 square feet. In addition, during the last cycle re -roof permits were exempted. The building inspectors had problems with incorrectly installed roofs and advised that the requirement be reinstated. The proposed amendments regarding permit expiration and renewal reflect similar amendments approved previously by the Advisory and Appeals Board and have worked well in National City. The amendments include reference to National City Municipal Code requirements pertaining to notices and orders and appeals. 1998 California Plumbing Code The 1998 CPC has not changed significantly from the 1994 UPC. Most of the changes are editorial. Code change efforts have been concentrated on the International Plumbing Code in the past few years. The proposed amendments regarding permit expiration and renewal reflect similar amendments approved previously by the Advisory and Appeals Board and have worked well in National City. The amendments include reference to National City Municipal Code requirements pertaining to notices and orders and appeals. 1998 California Electrical Code The 1998 California Electrical Code (C.E.C.) contains new requirements pertaining the location and types of circuits. In dwelling unit kitchens all countertop outlets must now be GFCI protected. Previously, only the ones within 6' of the sink had this requirement. Along these same lines the two kitchen small appliance branch circuits are limited to supplying wall and counter space. There is an exception allowing them to also supply clocks and gas appliances. Outdoor receptacles will no longer be permitted to be supplied by these branch circuits. Motor loads such as disposals are no longer allowed on the kitchen branch circuit. - In the bathrooms the outlets must be supplied by at least one 20-amp circuit. This circuit must not have other outlets or the lights connected to it. This change addresses the loads put on the receptacles in bathrooms which typically include hair dryers and other high - wattage loads. The proposed amendments regarding permit expiration and renewal reflect similar amendments approved previously by the Advisory and Appeals Board and have worked well in National City. The amendments include reference to National City Municipal Code requirements pertaining to notices and orders and appeals. 2 1998 California Mechanical Code The majority of code changes made were editorial in the 1998 California Mechanical Code (C.M.C.). The changes were necessary to clean up the inconsistencies created by the common code format. No substantial technical code changes are incorporated into the 1998 C.M.C. The proposed amendments regarding permit expiration and renewal reflect similar amendments approved previously by the Advisory and Appeals Board and have worked well in National City. The amendments include reference to National City Municipal Code requirements pertaining to notices and orders and appeals. 1997 Uniform Housing Code Chapters 4, 5, and 6, and Sections 701.2 and 701.3 of this Uniform Housing Code are adopted by the State of California and incorporated into State Housing Law and State Housing Law Regulations. The proposed ordinance adopts those provisions as well as administrative provisions clarifying that the Building & Safety Director and the County Health Department are responsible for enforcement of State Housing Law and the Uniform Housing Code in National City. The definition of "hot water" has been changed from 110 degrees to 120 degrees. The lower temperature was not hot enough for shaving, dish and clothes washing. Also, it is unlikely for anyone to be injured by 120-degree water. 1997 Uniform Code for the Abatement of Dangerous Buildings The State of California does not adopt this code and accordingly, there are no limitations on local amendments. There are no substantial changes to the 1997 Uniform Code for the Abatement of Dangerous Buildings. It is recommended that the code be amended to require that when a building has been ordered to be boarded, that all openings must be completely covered with not less than one-half inch exterior plywood or similar material attached with 1/4-inch by two inch lag screws in each corner and at 24 inches on center around the perimeter of the opening. In addition, it is recommended that the code be amended to allow the Building & Safety Director to require that tamper -proof lag screws be utilized in those instances where conventional lag screws have failed to prevent entry by unauthorized individuals. These changes are the same as during the previous cycle. 1997 Uniform Swimming Pool. Spa and Hot Tub Code The State of California does not adopt this code and accordingly, there are no limitations on local amendments. There are no substantial changes to the 1997 Uniform Swimming Pool_ Spa and Hot Tub Code. The proposed administrative amendments to the code are designed to bring the code into conformance with the administrative provisions of other model codes adopted by the City of National City as well as the administrative provisions 3 of the National City Municipal Code. The barrier requirements are again modified to comply with the state standards. California Fire Code Several articles in the Fire Code have been completely rewritten. One of these is Article 29. The rewrite reformats and expands the article in response to the increase in vehicles utilizing alternative fuels. The article utilizes requirements contained in nationally recognized standards to establish controls for LP -gas, LNG and hydrogen -fueled vehicles. More specifically, Article 29 has specific ventilation requirements for repair garages dealing with natural gas and hydrogen -fueled vehicles. The reason for differing ventilation requirements is because hydrogen and natural gas are lighter than air. On the other hand, garages with liquid fueled and LPG -fueled vehicles must provide ventilation to prevent the accumulation of flammable vapors at the floor. These gases are heavier than air. Article 32 has been rewritten to adequately address cooking and heating and the storage and handling of associated equipment and fuels in tent areas. The rewrite also maintains consistent definitions with the Building Code as it applies to assembly occupancies. The proposed regulations are more prescriptive with the use of LP -gas used under tents, canopies and temporary membrane structures. Distances to property lines and other hazards were placed in the body of the code, thus eliminating Table 3205-A for location, access and parking around tents. Article 64 is new in the code. It contains the requirements for the safe installation and operation of stationary lead -acid battery systems. There are currently thousands of such systems in the field that have had an excellent safety record. The systems do, however, present unique hazards, which are not adequately addressed by the existing provisions of Article 80. The new article contains specific and enforceable requirements for these installations. A fire permit is now required for these systems unless the individual batteries contain less than 20 gallons and they are used for stand-by power, emergency power or uninterrupted power supplies. National City Grading Ordinance The National City Grading Ordinance which adopts the 1998 California Building Code Appendix Chapter 33 (Excavation and Grading) has not made any technical changes. The newest edition of the appendix also remains the same, except for a section, which has been added to address liquefaction. This section requires a study to be completed if liquefaction is suspected. 4 SUMMARY OF SIGNIFICANT CODE CHANGES 1998 California Building Code One of the most significant changes to the 1998 California Building Code (C.B.C.) is the way in which the code is now published. In the past the State has adopted the Uniform code with Stare amendments. This year, however the State has chosen to incorporate the amendments into the uniform codes and publish them as the California Building Codes. The codes are now published jointly by the International Conference of Building Officials and the California Building Standards Commission. This is the last time the State is expected to adopt the uniform model codes. Progress is being made to switch to the International Family of Codes during the next code cycle. The International Codes are a combination of the codes produced by the three major code organizations.. The majority of states east of the Mississippi River use building codes published by the Building Officials and Code Administrators International or the Southern Building Code Congress International. The code change cycle now includes joint meetings between members of the different code groups. The 1998 California Building Code has a completely rewritten exiting chapter. It now includes a three-part definition of "means of egress." These definitions are the a it access (where exiting starts), the exit (the point where the code feels an adequate level of safety has been achieved) and the exit discharge (the area where the occupant goes after leaving the building). The UBC was the last model building code not using the three-part definition and the change was long overdue. The National Fire Protection Assoc; anion (NFPA) in 1956 first used the three-part means of egress system. It is anticipated Thar the change will eventually make the code easier to use in designing and enforcing these provisions and it was important in the effort toward a single national building code. Also new is earthquake design chapter. This code change has been under development since_1993 by the Structural Engineers Association of California Seismology Committee. It now is imporant to know the proximity of the structure to the fault. Strong ground measurements from the Northridge, Kobe and other large earthquakes have shown that ground motions are significantly greater near the earthquake. To account for this a near source factor has been introduced. This factor only applies in seismic zone 4. A major structural change requires sill anchor bolts to be a minimum of 5/8". The code's minimum sill olt size and spacing has been unchanged for the past 51 years, during which period substantial increases in minimum lateral loads have been incorporated into the code's engineering provisions. Calculations show that the current prescriptive code requirements for sill anchorage are not adequate to provide this equivalence in Se'emic Zone 4. Along the same line, the code now addresses the practice of over -sizing the holes for the sill bolts. Square plate washers are prescriptively required to compensate for this practice_ This will reduce the tendency for longitudinal splitting of the plate from seismic loading. The new edition of the code also requires a minimum amount of steel reinforcing to be included in slabs and footings in seismic zone 4. Different in the adopting ordinance this year is the removal of the limit of accessory structures to 100 square feet. The limit now agrees with the latest edition of the code and is set at 120 square feet. In addition, during the last cycle re -roof permits were exempted. The building inspectors had problems with incorrectly installed roofs and advised that the requirement be reinstated. The proposed amendments regarding permit expiration and renewal reflect similar amendments approved previously by the Advisory and Appeals Board and have worked well in National City. The amendments include reference to National City Municipal Code requirements pertaining to notices and orders and appeals. 1998 California Plumbing Code The 1998 CPC has not changed significantly from the 1994 UPC. Most of the changes are editorial. Code change efforts have been concentrated on the International Plumbing Code in the past few years. The proposed amendments regarding permit expiration and renewal reflect similar amendments approved previously by the Advisory and Appeals Board and have worked well in National City. The amendments include reference to National City Municipal Code requirements pertaining to notices and orders and appeals. 1998 California Electrical Code The 1998 California Electrical Code (C.E.C.) contains new requirements pertaining the location and types of circuits. In dwelling unit kitchens all countertop outlets must now be GFCI protected. Previously, only the ones within 6' of the sink had this requirement. Along these same lines the two kitchen small appliance branch circuits are limited to supplying wall and counter space. There is an exception allowing them to also supply clocks and gas appliances. Outdoor receptacles will no longer be permitted to be supplied by these branch circuits. Motor loads such as disposals are no longer allowed on the kitchen branch circuit. In the bathrooms the outlets must be supplied by at Ieast one 20-amp circuit. This circuit must not have other outlets or the lights connected to it. This change addresses the loads put on the receptacles in bathrooms which typically include hair dryers and other high - wattage loads. - The proposed amendments regarding permit expiration and renewal reflect similar amendments approved previously by the Advisory and Appeals Board and have worked well in National City. The amendments include reference to National City Municipal Code requirements pertaining to notices and orders and appeals. 1998 California Mechanical Code The majority of code changes made were editorial in the 1998 California Mechanical Code (C.M.C.). The changes were necessary to clean up the inconsistencies created by the common code format. No substantial technical code changes are incorporated into the 1998 C.M.C. The proposed amendments regarding permit expiration and renewal reflect similar amendments approved previously by the Advisory and Appeals Board and have worked well in National City. The amendments include reference to National City Municipal Code requirements pertaining to notices and orders and appeals. 1997 Uniform Housing Code Chapters 4, 5, and 6, and Sections 701.2 and 701.3 of this Uniform Housing Code are adopted by the State of California and incorporated into State Housing Law and State, Housing Law Regulations. The proposed ordinance adopts those provisions as well as administrative provisions clarifying that the Building & Safety Director and the County Health Department are responsible for enforcement of State Housing Law and the Uniform Housing Code in National City. The definition of "hot water" has been changed from 110 degrees to 120 degrees. The lower temperature was not hot enough for shaving, dish and clothes washing. Also, it is unlikely for anyone to be injured by 120-degree water. 1997 Uniform Code for the Abatement of Dangerous Buildings The State of California does not adopt this code and accordingly, there are no limitations on local amendments. There are no substantial changes to the 1997 Uniform Code for the Abatement of Dangerous Buildings. It is recommended that the code be amended to require that when a building has been ordered to be boarded, that all openings must be completely covered with not less than one-half inch exterior plywood or similar material attached with I14-inch by two inch lag screws in each corner and at 24 inches on center around the perimeter of the opening. In addition, it is recommended that the code be amended to allow the Building & Safety Director to require that tamper -proof lag screws be utilized in those instances where conventional lag screws have failed to prevent entry by unauthorized individuals. These changes are the same as during the previous cycle. 1997 Uniform Swimming Pool, Spa and Hot Tub Code The State of California does not adopt this code and accordingly, there are no limitations on local amendments. There are no substantial changes to the 1997 Uniform Swimming Pool, Spa and Hot Tub Code. The proposed administrative amendments to the code are designed to bring the code into conformance with the administrative provisions of other model codes adopted by the City of National City as well as the administrative provisions 3 of the National City Municipal Code. The barrier requirements are again modified to comply with the state standards. California Fire Code Several articles in the Fire Code have been completely rewritten. One of these is Article 29. The rewrite reformats and expands the article in response to the increase in vehicles utilizing alternative fuels. The article utilizes requirements contained in nationally recognized standards to establish controls for LP -gas, LNG and hydrogen -fueled vehicles. More specifically, Article 29 has specific ventilation requirements for repair garages dealing with natural gas and hydrogen -fueled vehicles. The reason for differing ventilation requirements is because hydrogen and natural gas are lighter than air. On the other hand, garages with liquid fueled and LPG -fueled vehicles must provide ventilation to prevent the accumulation of flammable vapors at the floor. These gases are heavier than air. Article 32 has been rewritten to adequately address cooking and heating and the storage and handling of associated equipment and fuels in tent areas. The rewrite also maintains consistent definitions with the Building Code as it applies to assembly occupancies_ The proposed regulations are more prescriptive with the use of LP -gas used under tents_ canopies and temporary membrane structures. Distances to property lines and other hazards were placed in the body of the code, thus eliminating Table 3205-A for location, access and parking around tents. Article 64 is new in the code. It contains the requirements for the safe installation and operation of stationary lead -acid battery systems. There are currently thousands of such systems in the field that have had an excellent safety record. The systems do, however, present unique hazards, which are not adequately addressed by the existing provisions of Article 80. The new article contains specific and enforceable requirements for these installations. A fire permit is now required for these systems unless the individual batteries contain less than 20 gallons and they are used for stand-by power, emergency power or uninterrupted power supplies. National City Grading Ordinance The National City Grading Ordinance which adopts the 1998 California Building Code Appendix Chapter 33 (Excavation and Grading) has not made any technical changes The newest edition of the appendix also remains the same, except for a section, which has been added to address liquefaction. This section requires a study to be completed if liquefaction is suspected. - 4 RESOLUTION 99-3 A RESOLUTION OF 111L ADVISORY AND APPEALS BOARD OF THE CITY OF NATIONAL CITY RECOMMENDING ADOPTION BY THE CITY COUNCIL OF APPENDIX CHAPTER 33 OF 'DIE 1998 CALIFORNIA BUILDING CODE AND CERTAIN AMENDMENTS TO TITLE 15.70 OF THE NATIONAL CITY MUNICIPAL CODE WHEREAS, the Advisory and Appeals Board of the City of National City at its meeting of May 4, 1999, after proper notification, conducted a hearing to consider the recommended amendments to Appendix Chapter 33 of the 1998 California Building Code, and certain amendments to Title 15.70 of the National City Municipal Code, which are utilized by the Engineering Department; and WHEREAS, the technical amendments are necessary due to the uniqueness of the local climate, topography and geography; and WHEREAS, the administrative amendments are necessary to facilitate the administration and enforcement of the codes and to assure compatibility with other codes and ordinances of the City; and WHEREAS, after review and discussion, the Board determined that the amendments submitted be approved and forwarded to the City Council with a recommendation for adoption by the City Council. NOW, THEREFORE, BE IT RESOLVED that the Advisory and Appeals Board recommends approval of the code amendments as submitted, and that such amendments be adopted by the City Council. PASSED and ADOPTED the 4th day of May 1999. y Duke, Chairman Myers, City Engineer APPROV ASS TO FORM: Rudolph Hradec , Senior Assistant Crty Attorney RESOLUTION 99-1 A RESOLUTION OF THE ADVISORY AND APPEALS BOARD OF THE CITY OF NATIONAL CITY RECOMMENDING ADOPTION BY THE CITY COUNCIL OF IHE 1998 CALIFORNIA FIRE CODE VOLUME 1 AND CERTAIN AMENDMENTS TO TITLE 15.28 OF '17iE NATIONAL CITY MUNICIPAL CODE WHEREAS, the Advisory and Appeals Board of the City of National City at its meeting of May 4, 1999, after proper notification, conducted a hearing to consider the recommended amendments to the 1998 California Fire Code Volume 1, and certain amendments to Title 15.28 of the National City Municipal Code, which are utilized by the Engineering Department; and WHEREAS, the technical amendments are necessary due to the uniqueness of the local climate, topography and geography; and WHEREAS, the administrative amendments are necessary to facilitate the administration and enforcement of the codes and to assure compatibility with other codes and ordinances of the City; and WHEREAS, after review and discussion, the Board determined that the amendments submitted be approved and forwarded to the City Council with a recommendation for adoption by the City Council. NOW, THEREFORE, BE IT RESOLVED that the Advisory and Appeals Board recommends approval of the code amendments as submitted, and that such amendments be adopted by the City Council. PASSED and ADOPTED the 4th day of May 1999. ATTEST: y Duke, Chairman Don Condon., Fire Marshal APPROV D AS TO FORM: dolph Hradec y, Senior Assistant C ty Attorney RESOLUTION 99-2 A RESOLUTION OF iHE ADVISORY AND APPEALS BOARD OF 1HE CITY OF NATIONAL CITY RECOMMENDING ADOPTION BY THE CITY COUNCIL OF VOLUMES L II OF 1'HN: 1998 EDITION OF ME CALIFORNIA BUILDING CODE, 1'HE 1998 CALIFORNIA PLUMBING CODE, DIE 1998 CALIFORNIA ELECTRICAL CODE, 1HE 1998 CALIFORNIA MECHANICAL CODE, THE 1997 UNIFORM HOUSING CODE, THE 1997 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, THE 1997 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE AND CERTAIN AMENDMENTS TO TITLE 15 OF THE: NATIONAL CITY MUNICIPAL CODE WHEREAS, the Advisory and Appeals Board of the City of National City at its meeting of May 4, 1999, after proper notification, conducted a hearing to consider the recommended amendments to Volumes I and II of the 1998 Edition of the Califnornia Building Code, the 1998 California Plumbing Code, the 1998 California Mechanical Code, the 1997 Uniform Housing Code, the 1997 Uniform Code for the Abatement of Dangerous Buildings, the 1998 California Electrical Code, and Title 15 of the National City Municipal Code, which are utilized by the Building and Safety Department; and WHEREAS, the administrative amendments are necessary to facilitate the administration and enforcement of the codes and to assure compatibility with other codes and ordinances of the City; and WHEREAS, after review and discussion, the Board determined that the amendments submitted be approved and forwarded to the City Council with a recommendation for adoption by the City Council_ NOW, 117.REFORE, BE IT RESOLVED that the Advisory and Appeals B oard recommends that Volumes I and II of the 1998 California Building Code, the 1998 California Plumbing Code, the 1998 California Electrical Code, the 1998 California Mechanical Code, the 1997 Uniform Housing Code, the 1997 Uniform Code for the Abatement of Dangerous Buildings, and the 1997 Uniform Swimming Pool and Hot Tub Code with amendments to Titles 15 of the National City Municipal Code as submitted be adopted by the City Council. PASSED and ADOP1'h1) this 4th day of May, 1999. A11hST: Kath1=-n S. Trees A : Director of Building and Safety APPROVED AS TO FORM: \Rkudolf Hradecky Senior Assistant City Attorney 2 y Duke, Chairman City of National City, California COUNCIL AGENDA STATEMENT May 25, 1999 MEETING DATE AGENDA ITEM NO. RESOLUTION ACCEPTING THE CONVEYAN , - '• ING, A\ �NH AT�G THE RECORDATION OF THE GRANT DEED DOCUMENT FOR STREET PURPOSES FOR PARCELS OF LAND ON 30TH STREET ADAM J. LANDA ENGINEERING PREPARED BY DEPARTMENT 2 EXPLANATION. The owner of the property at 3007 Highland, A.P.N. 563-370-37 is constructing a new building and remodeling an existing building for the new Lucky's Market. As part of this development they will be closing two existing driveways and installing a large radius driveway with pedestrian ramps. The owner is dedicating to the City, portions of their property which is needed for the new driveway improvements along 30th Street. The street improvements on 30th Street will be constructed by the owner at no cost to the City. The area of the dedicated parcel is described on the attached Grant Deed document. This resolution will also rename the dedicated parcels of land as 30th Street. The Engineering Department will forward the Grant Deed to the City Clerk for recordation after the acceptance of the conveyance by the City. Environmental Review N/A Financial Statement N/A Account No TAFF E ATI hece, the naming, and authorizing the recordation of the Grant Deed documen for street purposes for parcels of land on 30th Street. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Resolution 2. Grant Deed 3 Plat Resolution No 99-68 35 A-200 (Rev. 9/80) RESOLUTION NO.99 — 68 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE CONVEYANCE, AND AUTHORIZING THE RECORDATION OF THE GRANT DEED DOCUMENT FOR STREET PURPOSES, AND AUTHORIZING THE NAMING OF PARCELS OF LAND ON 30' STREET BE IT RESOLVED by the City Council of the City of National City that pursuant to Resolution No. 7083, the City Clerk is hereby ordered to execute a Certificate of Acceptance and to record the following instrument conveying an interest real estate to the City of National City: GRANT DEED dated May 6, 1999 from Sweetwater Square, LLC, (A.P.N. 563-370-37). BE IT FURTHER RESOLVED as follows: 1. That Sweetwater Square, LLC, has conveyed the real property described in the attached Exhibit "A" to the CITY OF NATIONAL CITY for street purposes. 2. That the CITY OF NATIONAL CITY desires that said property be dedicated for street purposes. 3. That the described parcels of land in Exhibit "A" shall henceforth be known as a portion of 30th Street. PASSED and ADOPlEI this 25th day of May, 1999. George H. Waters, Mayor ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney EXHIBIT "A" LEGAL DESCRIPTION PARCEL "A" THAT PORTION OF PARCEL I OF PARCEL MAP NO. 1308 FILED FOR RECORD FEBRUARY 14, 1973 AS FILE NO. 73-040424 OF OFFICIAL RECORDS, IN THE CITY OF CHULA, VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF PARCEL 1 OF MAP NO.1308; THENCE NORTH 70°47'25" EAST, 170.50 FEET; THENCE NORTH 70°46'48" EAST, 93.89 FEET TO THE "TRUE POINT OF BEGINNING" OF THE HEREIN DESCRIBED PROPERTY; THENCE NORTH 70°46'48" EAST, 16.01 Fhhi; THENCE SOUTH 19°13'31" EAST, 9.98 FEET; THENCE SOUTH 70°47'06" WEST, 9.54 FEET; THENCE NORTH 64°12'54" WEST, 9.15 FEET; THENCE NORTH I9°12'54" WEST, 3.5I FEET TO THE TRUE POINT OF BEGINNING. PARCEL "B" THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 1308 FILED FOR RECORD FEBRUARY 14, 1973 AS FILE NO. 73-040424 OF OFFICIAL RECORDS, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. BEGINNING AT THE NORTHWESTERLY CORNER OF PARCEL 1 OF MAP NO.1308; THENCE NORTH 70°47'25" EAST, 17050 FEET; THENCE NORTH 70°46'48" EAST, 144.90 FEET TO THE "TRUE POINT OF BEGINNING" OF THE HEREIN DESCRIBED PROPERTY; THENCE NORTH 70°46'48" EAST, 16.02 1-th1; THENCE SOUTH 19°12'54" EAST, 3.51 FEET; THENCE SOUTH 25°47'06" WEST, 9.12 FEET; THENCE SOUTH 70°47'06" WEST, 9.571•hh1; THENCE NORTH 19°13'3L WEST, 9.96 FEET TO THE TRUE POINT OF BEGINNING. JOB NO. 197-129.3 D. K. NASLAND L.S. NO. 5562 EXP. 9-30-01 DATE RECORDING REQUESTED BY RECORDING REQUESTED BY: WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: This space for Recorder's use A.P.N. 563-370-37 GRANT DEED THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX IS S ) computed on full value of property conveyed, or ) computed on full value less value of liens or encumbrances remaining at time of sale, ) Unincorporated Area ( X ) City of National City , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, hereby GRANT(S) to: The City of National City the following described real property in the City of National City, County of San Diego, State of California, described as: See Exhibit "A" Dated /A24.., `, I'LQQ State of California ) County of SRIJ I,{Er(od ) S.S. On M P:A! (a 1g449 before me H-rortr-1-0 _kJ personally known to me (or proved to me on this basis of satisfactory evidence) to be the person(s) whose name(s) - is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hpfid ar�d official seal. Signature Signature of Grantor Sweetwater Square, LLC, a California 1L.a.LLecl liability company by: ,'tcrnee rolaings, L.t'. managing memner by: LaJo11a racizic Development Company, general partner b Michael J. hee President 0 U RUTH HALTON COMM. 11140263 C1 NOT OltGOrau NTY Commission Expires ■ JUNE 13. 2001 6 (This area for official notarial seas) MAIL TAX STATEMENTS TO. EXHIBIT "A" LEGAL DESCRIPTION PARCEL "A" THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 1308 FILED FOR RECORD FEBRUARY 14, 1973 AS FILE NO. 73-040424 OF OFFICIAL RECORDS, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF PARCEL I OF MAP NO.1308; THENCE NORTH 70°47'25" EAST, 170.50 FEET; THENCE NORTH 70°46'48" EAST, 93.89 FEET TO THE "TRUE POINT OF BEGINNING" OF THE HEREIN DESCRIBED PROPERTY; THENCE NORTH 70°46'48" EAST, 16.01 FEET; THENCE SOUTH 19°13'31" EAST, 9.98 FEET; THENCE SOUTH 70°47'06" WEST, 9.54 FEET; THENCE NORTH 64°12'54" WEST, 9.15 FEET; THENCE NORTH 19°12'54" WEST, 3.51 FEET TO THE TRUE POINT OF BEGINNING. PARCEL "B" THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 1308 FILED FOR RECORD FEBRUARY 14, 1973 AS FILE NO. 73-040424 OF OFFICIAL RECORDS, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. BEGINNING AT THE NORTHWESTERLY CORNER OF PARCEL 1 OF MAP NO.1308; THENCE NORTH 70°47'25" EAST, 170.50 FEET; THENCE NORTH 70°46'48" EAST, 144.90 FEET TO THE "TRUE POINT OF BEGINNING" OF THE HEREIN DESCRIBED PROPERTY; THENCE NORTH 70°46'48" EAST, 16.02 FEET; THENCE SOUTH 19°12'54" EAST, 3.51 FEET; THENCE SOUTH 25°47'06" WEST, 9.12 FEET; THENCE SOUTH 70°47'06" WEST, 9.57 FEET; THENCE NORTH 19°13'31" WEST, 9.96 FEET TO THE TRUE POINT OF BEGINNING. . . j. U� D. K. NASLAND L.S. NO. 5562 EXP. 9-30-01 JOB NO. 197-129.3 DATE EXHIBIT 'B' OT A ?ART 111 1RVING PLACE a \ MAP NO. 1522 30TH STREET PARCEL "A" T.P.O.B. N 70'46' 48"E 93.89' N 70'47' 25"E 170.50' p 0 3 PARCEL "A" NW CORNER PARCEL NO. 1 OF MAP NO. 1308 ITEM BEARING DISTANCE ON70"46'48"E 16.01' 0 519'13'31"E 9.98' O3 570'47C "W 9.54' 0 N6412'S4"W 9.15' ON19'12'S4"W 3.51' O6 N70'46'48"E 16.02' �.J 519'12'S4"E 3.51' OS S25'47'=26"W 9.12' O 570'47'06'N 9.57' 10 N19'13'31-W 9.96' NO. 197-129.3 N 70'46' 48"E 51.01' PARCEL NO. 1 OF MAP NO. 1308 PARCEL "B" T.P.O.B. PARCEL "B" SCALE 1 IN. = 40 FT. BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS DRAWING IS THE NORTHERLY PROPERTY LINE OF PARCEL 1 AS SHOWN ON MAP NO. 1308. I.E. N70'47'25"E LEGEND PARCEL "A" SHOWN THUS AREA: 138.85 SQ. FT. PARCEL "B" SHOWN THUS AREA: 138.73 SQ. FT. 7 a VICINITY MAP NO SCALE NASLAtiD ENGINEE-RING CIVIL ENGINEERING • SURVEYING • LAND PLANNING 4740 Ruffner Street_ San Diego. California. 92111 •619-292-7770 STREET EASEMENT FOR MAINTENANCE PURPOSES ON 30TH STREET, NATIONAL CITY Lot name: PARCEL "A" North: 10970.2806 Line Course: N 70-46-48 E North: 10975.5511 Line Course: S 19-13-31 E North: 10966.1276 Line Course: S 70-47-06 W North: 10962.9879 Line Course: N 64-12-54 W North: 10966.9681 Line Course: N 19-12-54 W North: 10970.2825 East: 9825.8856 Length: 16.01 East: 9841.0032 Length: 9.98 East: 9844.2895 Length: 9.54 East: 9835.2810` Length: 9.15 East: 9827.0420 Length: 3.51 East: 9825.8868 Perimeter: 48.19 Area: 138.85 sq.ft. 0 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0023 Error North: 0.00193 Precision 1: 21,261.22 Course: N 31-51-06 E East: 0.00120 Lot name: PARCEL "3" North: 10987.0731 Line Course: N 70-46-48 E North: 10992.3468 Line Course: S 19-12-54 E North: 10989.0324 Line Course: S 25-47-06 W North: 10980.8204 Line Course: S 70-47-06 W North: 10977.6708 Line Course: N 19-13-31 W North: 10987.0753 East: 9874.0527 Length: Length: Length: Length: Length: 16.02 East: 3.5; East: 9.12 East: 9.57 East: 9.96- East: 9889.1798 9890.3350 9886.3678 9877.3309 9874.0513 Perimeter: 48.17 Area: 138.73 sq.ft. 0 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0027 Course: N 32-17-55 W Error North: 0.00224 East: -0.00142 Precision 1: 18,161.45 1 II 28th ( t 11u1 ILHIVIJ w z w > 30th R ._TE._ City of National City, California COUNCIL AGENDA STATEMENT May 25, 1999 MEETING DATE AGENDA ITEM NO. IT RESOLUTION AUTHUR1G1NU 'rahL:l'1'Y hNU1NUUR 'i'U h6lAJ6Liti-247-1 NC�7}� ZONE ADJACENT TO THE DRIVEWAY AT 3131 HOOVER AVENUE (B. BAKER, TSC ITEM NO. 99-18) PREPARED BY Adam J. Landa DEPARTMEN Engineering 3 EXPLANATION. Mr. Bud Baker of Baker Hardwood at 3131 Hoover Avenue has requested the installation of red no parking zone south of his driveway. According to Mr. Baker, when trucks are parked there this obscures visibility and makes it hazardous for vehicles to leave the Lumber Yard. The Traffic Safety Committee has approved 13' of red no parking zone south of his driveway and this will improve visibility. x Environmental Review N/A Financial Statement N/A Account No STAFF RECOMMENDATION Adopt the Resolutio BOARD/COMMISSION RECOMMENDATION The Traffic Safety Committee at its meet,'ng of May 12, 1999 approved the red no parking zone south of his drivewa at 3131 Hoover Avenue. ATTACHMENTS (Listed Below) Resolution No 99-69 1. Resolution 2. Staff Report to the Traffic Safety Committee 99-18 A-200 (Rev. 9/80) RESOLUTION NO. 99 — 69 RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH A THIRTEEN FOOT RED NO PARKING ZONE ADJACENT AND SOUTH OF THE DRIVEWAY AT 3131 HOOVER AVENUE WHEREAS, a representative of Tanker Hardwood at 3131 Hoover Avenue has requested the installation of a red no parking zone adjacent and south of the driveway serving their property in order to improve sight distance and driver visibility; and WHEREAS, commercial trucks are often parked adjacent to the driveway at 3131 Hoover Avenue obscuring the view of the motorists; and WHEREAS, the Traffic Safety Committee recommended approval of a red thirteen -foot no parking zone adjacent and south of the driveway at 3131 Hoover at its regular meeting on May 22, 1999. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Council hereby authorizes the City Engineer to paint a thirteen -foot section of curb red on the curbside adjacent and south of the driveway at 3131 Hoover Avenue. PASSED and ADOPTED this 25te day of May, 1999. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, lII City Attorney George H. Waters, Mayor 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MAY 12, 1999 ITEM NO. 99-18 ITEM TITLE: REQUEST FOR INSTALLATION OF RED "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 3131 HOOVER AVENUE (BY: B. BAKER. TEL. 263-81021 PREPARED BY: Adam Landa, Engineering Department DISCUSSION: Mr. Bud Baker of Baker Hardwood Lumber at 3131 Hoover Avenue has requested the installation of a red no parking zone adjacent to the driveway serving his property in order to improve sight distance and driver's visibility. According to Mr. Baker's commercial trucks which often park adjacent to his driveway at 3131 Hoover Avenue causes the view of the motorists from his property to be obscured. The requestor desires to have a 10 to 15 foot red zone installed immediately south of his driveway. STAFF RECOMMENDATION: We recommend installing a maximum thirteen (13) foot long red zone red zone. EXHIBITS: 1. Letter 2. Location Map C/py� City of National City Public Works Department 2100 Hoover Ave., National City, CA 91950-6599 (619) 336-4580 Fax: (619) 336-4597 April 8, 1999 TO : Engineering FROM : C.R. Williams, Jr. Public Works Director SUBJECT : RED CURB 1. Mr. Bud Baker of Baker Hardwood Lumber, 3131 Hoover Avenue, has advised that trucks parking on the street in front of his business, park to the edge of his entry driveway. (He has a large off-street parking area for employees, customers and material deliveries.) 2- He is requesting that the curb south of his driveway be red curbed from the driveway to the storm drain catch basin inlet (a distance of 10 to 15 feet �), as a matter of safety/sight distance for employees and customers and maneuvering room for the semi -doubles bringing in materials for his business. 3 I will support this request at Traffic Safety if it needs to go to them. �.R. Williams. Jr. Publi Works Director CRW/mla ® rarer BOULEVARD CITY NATIONAL HARDING AVE. ru (D h JL]uI H'LIR I 7- IU Co S I- (NATIQP VISTA r I I City of National City, California COUNCIL AGENDA STATEMENT May 25, 1999 MEETING DATE AGENDA ITEM NO. 4 1(CM TIRED NU TAkKINGRZONEUTION ADJACENTHOTOITHEGTHE DRIVEWAYYATN2822ERTO 8TH STREET A 14`\ (T. TAFOYA, TSC ITEM NO. 99-17) PREPARED BY Adam J. Landa DEPARTMENT Engineering EXPLANATION. Mrs. Tafoya of Tafoya Rentals at 2822 E. 18th Street has requested the installation of red no parking zone between 2822 E. 18th and 2808 E. 18th Street driveways. According to Mrs. Tafoya, when vehicles are parked there this obscures visibility and makes it dangerous for vehicles to leave the offices and apartments. The total curbside parking available between the two driveways is fourteen feet which is a substandard parking space. Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Adopt the Resolutio \r Account No BOARD/COMMISSION RECOMMENDATION The Traffic Safety Committee at its mooting of May 12, 1999 approved the red no parking zone adjacent to the driveway at 2822 18th Street. ATTACHMENTS (Listed Below/ Resolution No 99-70 1. Resolution 2. Staff Report to the Traffic Safety Committee 99-17 A-200 (Rev. 9/801 RESOLUTION NO.99 — 70 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH A FOURTEEN FOOT RED NO PARKING ZONE ADJACENT TO THE DRIVEWAY AT 2822 EAST 18' STREET WHEREAS, a representative of Tafoya Rentals at 2822 East 18* Street has request the install2tion of a red no parking zone adjacent to the driveway serving their property between 2822 Fa •* 18th Street and 2808 East 18'h Street in order to improve sight distance and driver visibility; and WHEREAS, vehicles parked between the driveway at 2822 18ih Street and the adjacent driveway serving 2808 East 18th Street obscure the view of the motorists leaving the property; and WHEREAS, the Traffic Safety Committee recommended approval of a fourteen -foot red no parking zone adjacent to the driveway at 2822 East 18'h Street at its regular meeting on May 12, 1999. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Council hereby authorizes the City Engineer to paint a fourteen -foot section of curb red on the curbside adjacent to the driveway at 2822 Fact 18'h Street. PASSED and ADOPTED this 25" day of May, 1999. ATTEST: - Michael R. DaHa, City Clerk APPROVED AS TO FORM: George H. Picer, III City Attorney George H. Waters, Mayor 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MAY 12, 1999 ITEVi TITLE: ITEM NO. 99-17 REOUEST FOR INSTALLATION OF RED "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 2822 E. 18TH STREET (BY: T. TAFOYA. TEL. 475-7000) PREPARED BY: Adam Landa, Engineering Department DISCUSSION: Mrs. Teddy Tafoya of 2822 E. 18th Street sent a letter requesting that portion of the street curb between two existing driveways be painted red. According to Mrs. Tafoya, when vehicles are parked there this obscures visibility and makes it dangerous for vehicles to leave the offices and apartments. The total curbside parking available between the two driveways is fourteen (14) feet which is a substandard parking space. The requestor desires to have the 14' red zone installed between 2822 E. 18th Street and 2808 E. 18th Street. STAFF RECONEVIENDATION: We recommend providing a fourteen (14) foot red zone between 2822 E. 18th Street and 2808 E. 18th Street. EXHIBITS: 1. Lette. 2. Location Map 99-17 FONT INC. A CALIFORNIA CORPORATION 2822 EAST 18TH STREET NATIONAL CITY, CA. 91950 OFF 619-475-7000 FAX 619-475-8917 City of National City, Civic Center City Engineer, Burt Meyer 1243 National City Blvd., National City, Ca. 91950 Dear Mr. Meyer: Would you please consider having FONT INC., TEDDY TAFOYA RENTALS, SHIP, 2808 E. 18th? The area is 1044 BROADWAY CHULA VISTA, CA. 91911 OFF 619-420-6401 FAX 619-420-3522 March 19, 1999 a red strip painted between my office, 2822 E. 18th St., and MADAMOISELLE BEAUTY about ten to twelve feet across. Cars park in this small strip between their driveway and mine and this makes it almost impossible to see the on —coming traffic. This is dangerous for me and the three tenants that live in the apartments behind my office. Here is a diagram 18th St., 2808 2822 1 drive( Kl P drive way I way I would appreicate it. We would have a full view Thankyouu so much for your consideration. Sincerely, FONT INC., TEDDY TAFOYRENTALS of the on —coming traffic. Fri p. Jr!IL �ANU1TAN N w LHNLII I AN AVE PALMEP EARLE City of National City, California COUNCIL AGENDA STATEMENT May 25, 1999 MEETING DATE 5 AGENDA ITEM NO AyrfTiE11(k,T1c!RIZING THE RECORDATION OF THE DOCUMENTS FOR WIDENING OF DIVISION STREET DIN DANESHFAR PREPARED BY DEPARTMENT ENGINEERING EXPLANATION. The owners of the property at 3040 E. Division Street, A.P.N. 554-101-03 have granted permission to the City's representative to enter a portion of their property for the reconstruction of Division Street. The street improvements on Division Street will be reconstructed by the City of National City at no cost to the property owners. This permit shall remain in full force and effect for a period of twenty-four (24) months from the date this instrument is executed or until completion and acceptance of the road widening improvements, whichever date occurs first. The area of the affected parcel is described on the attached permit documents. On April 27, 1999 by Resolution No. 99-56, the City Council approved the conveyance of an easement for street purposes (attached plat denotes also the acquired area). The Engineering Department will forward the Right -of -Entry permit to the Escrow Company, for recordation after the acceptance of the permit Agreement by the City. Environmental Review Financial Statement N/A N/A Account No. AF - NDATIO h ig t- way Entry Permit Agreement and authorizing the reco ation of the pe it documents for widening of Division Street. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No 99-71 1. Resolution 2. Right -of -Way Entry Permit 3 Plat •SS A-200 )Rev. 9/80) RESOLUTION NO. 99 - 71 RESOLUTION OF 1'HI CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE RIGHT-OF-WAY ENTRY PERMIT, AND AUTHORIZING THE RECORDATION OF SAID DOCUMENT FOR THE RECONSTRUCTION OF DIVISION STREET BE IT RESOLVED by the City Council of the City of National City that pursuant to Resolution No. 7083, the City Clerk is hereby ordered to execute a Certificate of Acceptance and to record the following instrument granting right of entry to certain real property to the City of National City: RIGHT OF ENTRY PERMIT dated January 21, 1999 from the Family Trust of Gerald R. Engle and Charlene Engle, (A.P.N. 554-101-03). BE IT FURTHER RESOLVED as follows: 1. That the Family Trust of Gerald R. Engle and Charlene Engle has granted permission to the City to enter a portion of the real property described in the attached Exhibit "A" for the reconstruction of Division Street. 2. That the right of entry permit shall remain in full force and effect fora period of twenty-four months from the date the instrument is executed or until completion and acceptance of the road widening improvements, whichever date occurs first. PASSED and ADOYl'E1) this 25th day of May, 1999. George H. Waters, Mayor ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney EXHIBIT "A" THE EASTERLY 69.47 1'rh1OF LOT 26 AND THE EASTERLY 69.47 r J 1 OF HE NORTHERLY 29.50 F ht' OF LOT 25, RANCHO HILLS UNIT NO. 5, IN THE CITY OF NATIONAL CTTY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2475, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 24, 1948. WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: MICHAEL R. DALLA, CITY CLERK CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950-4397 RECORDING REQUESTED BY THE ENGINEERING DEPARTMENT ON BEHALF OF THE CITY OF NATIONAL CITY - THIS SPACE FOR RECORDER'S USE ONLY - The undersigned grantor(s) decare(s): Documentary transfer tax is S0_00 () computed on full value of property conveyed, or () computed on full value less value of liens and encumbrances remaining at time of sale. () Uincorporated area: (x) City of National City, and Assessor's Parcel No.: 554-101-03 DOCUMENT No.: 161ENGL NO RECORDING FEE REQUIRED: THIS DOCUMENT EXEMPT FROM FEE PURSUANT TO SECTION 27383 OF CALIFORNIA GOVERNMENT CODE Project: Division Street Widening Location: 3040 E. DIVISION STREET Project Parcel No.: ROEP 161 ENGL RIGHT OF ENTRY PERMIT PERMITOR: THE FAMILY TRUST OF GERALD R. ENGLE and CHARLENE ENGLE, GERALD R. ENGLE and CHARLENE ENGLE, TRUSTEES, TRUST DATED JANUARY 28, 1995 PERMITTEE: CITY OF NATIONAL CITY, a Municipal Corporation, The PERMITOR hereby grants permission to the PERMITTEE and its designees, agents, employees, contractors and authorized representatives to enter upon the land hereinafter described for the purpose of reconstructing private driveway improvements, retaining wall improvements, and constructing sound wall improvements (if applicable) and incidents thereto, upon, over and across that certain real property which is situated in the City of National City, County of San Diego, State of California. and is described as follows: THE EASTERLY 69.47 FEET OF LOT 26 AND THE EASTERLY 69.47 FEET OF THE NORTHERLY 29.50 FEET OF LOT 25. RANCHO HILLS UNIT NO. 5, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2475, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 24, 1948. The specific area to be utilized by the PERMITTEE is more particularly delineated on the Exhibit "B" plat attached hereto and made a part hereof. It is understood and agreed that the PERMITTEE shall -be responsible for the restoration of any of the PERMITOR's landscaping that has to be removed or is damaged as a result of the reconstruction of said driveway, retaining wall and/or sound wall construction. PERMITTEE shall restore said landscaping to as viable a condition as existed prior to entry, as nearly as practicable. It is understood and agreed that the PERMITOR shall not be held liable for any damage to equipment or injury to personnel of said FERMITTEE, its agents or employees, in the performance of the work done under this permit. This permit shail remain in full force and effect and be binding upon the undersigned, its successors or assigns in interest, for a period of twenty-four (24) months from the date this instrument is executed or until completion and acceptance of the road widening improvements , whichever date occurs first. The date of completion shall be established by the PERMITTEE filing a NOTICE OF COMPLETION with the San Diego County Recorder. Upon said termination, the PERMITTEE shall have no further rights or liability in connection with said Right Of Entry Permit. JANMAC. INC. Exproonation Consultants (National City \ROEP1161ENGL) The PERMITOR hereby consents to the recording of this permit. This document was executed this 2! Sr day of %Awn 2y THE FAMILY TRUST OF GERALD R. ENGLE and CHARLENE ENGLE, GERALD R. ENGLE and CHARLENE ENGLE, TRUSTEES, TRUST DATED JANUARY 28, 1995 1,21 Gi GERALD R. ENGLE/ RUSTEE CHARLENE ENGLE, TRUSTEE (NOTARY JURAT) CAL/PO/Wig STATE OF COUNTY OF SAA) 9 iew On j B/nva2r 2/ sr , 1999 personally appeared Grri14L b /L• before me, Cie'sr//V/f //.a/+S / A/orA2y Pfig,Liis q,UGLC, , T2vSreq personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: .. ., OFFICIAL SEAL t 'r CRISTINA HAAS co, NOTARY PUBLIC-CA.L'FORNIA wti,yt__� COMM. NO. 1165771 — „SAN DIEGO COUNTY Y C8t et. i DEC. � 1 g (This area for official notarial seal) THIS IS TO CERTIFY that the limited interest in real property -granted by the Right of Entry Permit dated from GERALD R. ENGLE and CHARLENE ENGLE, TRUSTEES, to the CITY OF NATIONAL CITY, a Municipal Corporation, is hereby accepted pursuant to City Council Resolution No. and the Permittee consents to the recordation thereof by its duly authorized officer. DATED: BY: MICHAEL R. DALLA, CITY CLERK JANMAC, INC. / Expropnation Consultants (National City\RCEP\161ENGL) ROW -� L._ W€ . inesaa�. P .�`►, �3aLf'Jir4 EXHIBIT DIVISION STREEET 0 N72'12'26"E 5.00' LEGEND: r— oc. R. PROPERLY UNE ROW RIGHT OF WAY Ql N81'13'40"W 3.35' Q N7Z12'26"E 0.75' L.=45'00'0Q' 33 R=10A0' L=7.85' ® =45'00'00" R=10.00' L=7.85' DENOTES TO BE ACQUIRED. AREA = 186 + SO. FT. DENOTES RIGHT OF ENTRY AREA = 230 SO. FT. P.O.B. 30' a - NOTE: DATA SHOWN HEREON IS DERIVED FROM RECORD INFORMATION. EASEMENT FOR DIVISON STREET CITY OF NATIONAL CITY PLAT A.P.N.: 554-101-03 ADDRESS: DIVISION ST. -E: 3/10/98 I DRAWN BY: A.M.B. SCALE: 1"=20' COMPILED FROM EXISTING RECORDS City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE AGENDA ITEM NO 6 May 25, 1999 ANDS- AU7I RIZING THE RECORDATION OF THE DOCUMENTS FOR WIDENING OF DIVISION STREET PREPARED BY DIN DANESHFAR EXPLANATION. DEPARTMENT ENGINEERING The owners of the property at 3016 E. Division Street, A.P.N. 554-082-02 have granted permission to the City's representative to enter a portions of their property for the reconstruction of Division Street. The street improvements on Division Street will be reconstructed by the City of National City at no cost to the property owners. This permit shall remain in full force and effect for a period of twenty-four (24) months from the date this instrument is executed or until completion and acceptance of the road widening improvements, whichever date occurs first. The area of the affected parcel is described on the attached permit documents. On April 27, 1999 by Resolution No. 99-58, the City Council approved the conveyance of an easement for street purposes (attached plat denotes also the acquired area). The Engineering Department will forward the Right -of -Entry permit to the Escrow Company, for recordation after the acceptance of the permit Agreement by the City. Environmental Review Financial Statement N/A TAFF RECOMMENDATIOI Adopt the Resolution a authorizing the reco: Division Street. X N/A l Went No ing"the Right f-way Entry Permit Agreement and ation of the p rmit documents for widening of BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Resolution 2. Right -of -Way Entry Permit 3. Plat 99-72 Resolution No 9/80) RESOLUTION NO.99 - 72 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE RIGHT-OF-WAY ENTRY PERMIT, AND AUTHORIZING THE RECORDATION OF SAID DOCUMENT FOR THE RECONSTRUCTION OF DIVISION STREET BE IT RESOLVED by the City Council of the City of National City that pursuant to Resolution No. 7083, the City Clerk is hereby ordered to execute a Certificate of Acceptance and to record the following instrument granting right of entry of certain real property to the City of National City: RIGHT OF ENTRY PERMIT dated September 14, 1998 from Martha L. Hernandez, (A.P.N. 554-082-02). BE IT FURTHER RESOLVED as follows: 1. That Martha L. Hernandez has granted permission to the City to enter a portion of the real property described in the attached Exhibit "A" for the reconstruction of Division Street. 2. That the right of entry permit chatl remain in full force and effect fora period of twenty-four months from the date the instrument is executed or until completion and acceptance of the road widening improvements, whichever date occurs first. PASSED and ADOPTED this 25* day of May, 1999. ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: s George H. Fiser, III City Attorney George H. Waters, Mayor EXHIBIT "A" LOT 2 IN BLOCK "B", EXCEPTING THE WEST 50 F1 THEREOF AND THE WEST 42 1. '1' OF LOT 1, PARK VIEW TERRACE, IN nib CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2730, FILED IN THE OFFICE OF Mt COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 30, 1950. WHEN RECORDED. PLEASE MAIL THIS INSTRUMENT TO: MICHAEL R. DALLA, CITY CLERK CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950-4397 RECORDING REQUESTED BY THE ENGINEERING DEPARTMENT ON BEHALF OF THE CITY OF NATIONAL CITY - THIS SPACE FOR RECORDER'S USE ONLY - The undersigned grantor(s) dectare(s): Documentary transfer tax is S0_00 () computed on full value of property conveyed, or () computed on full value less value of liens and encumbrances remaining at time of sale. ()Uincorporated area: (x) City of National City, and Assessor's Parcel No.: 554-082-02 DOCUMENT No.: 131HERN NO RECORDING FEE REOUIRE`- THIS DOCUMENT EXEMPT FROM/ FEE PURSUANT TO SECTION 27383 OF CALIFORNIA GOVERNMENT CODE Project: Division Street Widening Location: 3016 E. DIVISION STREET Project Parcel No.: ROEP 131HERN RIGHT OF ENTRY PERMIT PERMITOR: MARTHA I_ I-HERNANDEZ, A WIDOW PERMITTEE: CITY OF NATIONAL CITY, a Municipal Corporation, The PERMITOR hereby grants permission to the PERMITTEE and its designees, agents, employees, contractors and authorized representatives to enter upon the land hereinafter described for the purpose of reconstructing private driveway improvements, retaining wail improvements, and constructing sound wall improvements (if applicable) and incidents thereto, upon, over and across that certain real property which is situated in the City of National City, County of San Diego, State of California, and is described as follows: LOT 2 IN BLOCK `E', EXCEPTING THE WEST 50 FEET THEREOF AND THE WEST 42 FEET OF LOT t.. PARK VIEW TERRACE, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2730, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 30, 1950. The specific area to be utilized by the PERMITTEE is more particularly delineated on the Exhibit "B" plat attached hereto and made a part hereof. It is understood and agreed that the PERMITTEE shall be responsible for the restoration of any of the PERMITOR's landscaping that has to be removed or is damaged as a result of the reconstruction of said driveway, retaining wall and/or sound wall construction. PERMITTEE shall restore said landscaping to as viable a condition as existed prior to entry, as nearly as practicable. t is understood and agreed that the PERMITOR shall not be held liable for any damage to equipment or injury to 3ersonnel of said PERMITTEE,its agents or employees, in the performance of the work done under this permit. This permit shall remain in fuil force and effect and be binding upon the undersigned, its successors or assigns in nterest, for a period of twenty-four (24) months from the date this instrument is executed or until completion and acceptance of the road widening improvements , whichever date occurs first. The date of completion shall be 3stablished by the PERMIT-t =E filing a NOTICE OF COMPLETION with the San Diego County Recorder. Upon said ermination, the PERMITTEE shall have no further rights or liability in connection with said Right Of Entry Permit. JANMAC, INC. 1 Exoroonaon Consultants (National City1ROEP1131HERN) The PERMITOR hereby consents to the recording of this permit. This document was executed this MARTHA L. HERNANDEZ, A WIDOW day of cec MARTHA L. HERNANDEZ (NOTARY JURAT) R STATE OF 1 ri 1t C k G COUNTY OF �� �tt`e personally appeared P GT ft... L. On OIceti,.nlp 4r< 14 ICI C/1 before me l `AV J / !J L -,S , f7 b +7 Pvj itcrvutt.,d-f -t me on the bas Mnry evidence) to be the person(s) whose name(s that h 1998. ? t) bl,C, personally known to m((or proven to re subscribed to the within instrument and acknowledged to me sllb/they executed the same in hi he heir authorized capacity(ies), and that by h or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: their signature(s) on the instrument the person(s) OFFICIAL SEAL GERARDO ESQUIVIAS NOTARY PUBLIC-CALIFORNIA§ COMM. NO. 1073297 SAN DIEGO COUNTY MY COMM. EXP. SEPT. 28, 1999 (This area for official notarial seal) THIS IS TO CERTIFY that the limited interest in real property granted by the -Right Of Entry Permit dated from MARTHA L. HERNANDEZ, to the CITY OF NATIONAL CITY, a Municipal Corporation, is hereby accepted pursuant to City Council Resolution No. and the terms and conditions contained therein is hereby accepted by its duly authorized officer. DATED: BY: MICHAEL R. DALLA, CITY CLERK JANMAC. INC. / Expropriation Consultants (National City\ROEP\131HERN) EXHIBIT t, DIVISION STREEET ROW LEGEND: a V P.O.B 02'12'26.E 5.00' 10.60', 15.60' N7T12'26"E POR. LOT 1 R. DENOTES TO BE ACQUIRED. NOTE: AREA = 15+ SO. FT. r .-i DENOTES RIGHT OF ENTRY (_J AREA = 173 SQ. FT. R PROPERTY LINE ROW RIGHT OF WAY a a v N76'35'22"W 3.86' ®N41'00'14"E 3.86' DATA SHOWN HEREON IS DERIVED FROM RECORD INFORMATION. EASEMENT FOR DIVISON STREET CITY OF NATIONAL CITY PLAT A.P.N.: 554-082-02 ADDRESS: DIVISION ST. TE: 3/10/98 DRAWN BY: A.M.B. SCALE: NTS COMPILED FROM EXISTING RECORDS City of National City, California COUNCIL AGENDA STATEMENT May 25, 1999 7 MEETING DATE AGENDA ITEM NO. ithSULUllUA ALULhY 111VG '1HE L(J ± 1 -UT -WAY IJ1' £KY 1=N r �IZING THE RECORDATION OF THE PERMIT DOCUMENTS FOR WIDENING OF DIVISION STREET PREPARED BY DIN DANESHFAR DEPARTMENT ENGINEERING EXPLANATION. The owners of the property at 3108 E. Division Street, A.P.N. 554-102-02 have granted permission to the City's representative to enter a portion of their property for the reconstruction of Division Street. The street improvements on Division Street will be reconstructed by the City of National City at no cost to the property owners. This permit shall remain in full force and effect for a period of twenty four (24) months from the date this instrument is executed or until completion and acceptance of the road widening improvements, whichever date occurs first. The area of the affected parcel is described on the attached permit documents. The Engineering Department will forward the Right -of -Entry permit to the Escrow Company, for recordation after the acceptance of the permit Agreement by the City. Environmental Review Financial Statement N/A X N/A Account No AdoptFF e eso ND TIO inle� ' ght-of-way Entry Permit Agreement and authorizing the rec dation of e permit documents for widening- of Division Street. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Resolution 2. Right -of -Way Entry Permit 3 Plat 99-73 Resolution No A-200 (Rev. 9/80) RESOLUTION NO.99 — 73 RESOLUTION OF THE CITY COUNCIL OF Mt, CITY OF NATIONAL CITY ACCEPTING THE RIGHT-OF-WAY ENTRY PERMIT, AND AUTHORIZING THE RECORDATION OF SAID DOCUMENT FOR THE RECONSTRUCTION OF DIVISION STREET BE IT RESOLVED by the City Council of the City of National City that pursuant to Resolution No. 7083, the City Clerk is hereby ordered to execute a Certificate of Acceptance and to record the following instrument granting right of entry to certain real property to the City of National City: RIGHT OF ENTRY PERMIT dated October 7, 1998 from ('amilo P. and Feliza C Santos, and Jerry R. and Maria Teresa S. Dunbar, (A.P.N. 554-102-02). BE IT FURTHER RESOLVED as follows: 1. That ('amilo P. and Feliza C Santos, and Jerry R. and Maria Teresa S. Dunbar have granted permission to the City to enter a portion of the real property described in the attached Exhibit "A" for the reconstruction of Division Street. 2. That the right of entry permit shall remain in full force and effect for a period of twenty-four months from the date the instrument is executed or until completion and acceptance of the road widening improvements, whichever date occurs first. PASSED and ADOYIJ L) this 25th day of May, 1999. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H Fier, III City Attorney George H. Waters, Mayor EXHIBIT "A" THE EASTERLY 60 rr.Ei OF LOT 27 OF RANCHO RThT S NO. 5, IN thw CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO 1'tlh MAP THEREOF NO. 2475, FILED IN '1'1 OFFICE OF 1'tlb COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 24, 1948. WHEN RECORDED. PLEASE MAIL THIS INSTRUMENT TO: MICHAEL R. DALLA, CITY CLERK CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950-4397 RECORDING REQUESTED BY THE ENGINEERING DEPARTMENT ON BEHALF OF THE CITY OF NATIONAL CITY - THIS SPACE FOR RECORDER'S USE ONLY - The undersigned grantorts) ce:aare(s): Documentary transfer tax is S0_00 () computed on full value of property conveyed, or () computed on full value less value of liens and encumbrances remaining time of sale. () Uincorporated area: (x) aty of National City, and Assessor's Parcel No.: 554-102-02 DOCUMENT No.: 181SANTO NO RECORDING FEE REQUIRED: THIS DOCUMENT EXEMPT FROM FEE PURSUANT TO SECTION 27383 OF CALIFORNIA GOVERNMENT CODE Project: Division Street Widening Location: 3108 E. DIVISION STREET Project Parcel No.: ROEP 181SANTO RIGHT OF ENTRY PERMIT PERMITOR: CAMILO P. SANTOS and FELIZA C. SANTOS, husband and wife, and JERRY R. DUNBAR and MARIA TERESA S. DUNBAR, husband and wife, all as joint tenants PERMITTEE: CITY OF NATIONAL CITY, a Municipal Corporation, The PERMITOR hereby grants permission to the PERMITTEE and its designees, agents, employees, contractors and authorized representatives to enter upon the land hereinafter described for the purpose of reconstructing private driveway improvements, retaining wall improvements, and constructing sound wall improvements (if applicable) and incidents thereto, upon, over aria across that certain real property which is situated in the City of National City, County of San Diego, State of California. and is described as follows: THE EASTERLY 60 FEET OF LOT 27 OF RANCHO HILLS NO. 5, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2475, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 24, 1948; The specific area to be utilized by the PERMITTEE is more particularly delineated on the Exhibit "B" plat attached hereto and made a part hereof. It is understood and agreed that the PERMITTEE shall be responsible for the restoration of any of the PERMITOR's landscaping that has to be removed or is damaged as a result of the reconstruction of said driveway, retaining wall and/or sound wail construction. PERMITTEE shall restore said landscaping to as viable a condition as existed prior to entry, as nearly as practicable. It is understood and agreed that the PERMITOR shall not be held liable for any damage to equipment or injury to personnel of said PERMITTEE, its agents or employees, in the performance of the work done under this permit. This permit shall remain in full force and effect and be binding upon the undersigned, its successors or assigns in interest, for a period of twenty-four (24) months from the date this instrument is executed or until completion and acceptance of the road widening improvements , whichever date occurs first. The date of completion shall be established by the PERMITTEE filing a NOTICE OF COMPLETION with the San Diego County Recorder. Upon said termination, the PERMI TEEE shall have no further rights or liability in connection with said Right Of Entry Permit. JANMAC. INC.: Expropriation Consultants (National City1ROEP1181SANTO) The PERMITOR hereby consents to the recording of this permit. This document was executed this AL' day of , 1998. CAMILO P. SANTOS and FELIZA C. SANTOS, husband and wife, and JERRY R. DUNBAR and MARIA TERESA S. DUNBAR, husband and wife, all as joint tenants CAMILO P. SANTOS ( • / JERRY R. DUNBAR (NOTARY JURAT) STATE OF CA COUNTY OF 3ir0 Oit3Ca on O cSv r1, is 7, ! `t personally appeared C!rµ t t-o before me. i3IN^ FELIZA C. SANTOS MARIA TERESA S. DUNBAR dD. LD Pt" L .A , f E LiZit G- s nw, , ►�U N t47' Pr/t—,2> H r✓Li A Tall- E rat S• iD JA eL personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/bscribed to the within instrument and acknowledged to me that he/she xecuted the same in his/her/their authorized capacity(ies), and that by his/her/ eir ignature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: ALBEIT D. LOPEZ Commission # 1190229 Notary Public — Cc1ifcmia San Diego County MyCanm.Es *esAug' =2:02 (This area for official notarial seas) THIS IS TO CERTIFY that the limited interest in real property granted by the Right of Entry Permit dated from CAMILO P. SANTOS and FELIZA C. SANTOS, and JERRY R. DUNBAR and MARIA TERESA S. DUNBAR, to the CITY OF NATIONAL CITY, a Municipal Corporation, is hereby accepted pursuant to City Council Resolution No. and the Permittee consents to the recordation thereof by its duly authorized officer. DATED: BY: MICHAEL R. DALLA, CITY CLERK JANMAC, INC.! Expropnation Consultants (National CitytRCEF'181SANTO) EXHIBIT „B q, DIVISION STREEET NEW SIDEWALK NEW 'CURS 4- . I . r • 4 ROW EXIST DRIVEWAY FOR. LOT 27 •••• S. of's 11 it51399i91 ,1801849:919 fa-C81,90.:C•9 42/27,, s-7 q39-1'7 79117967°3 ;MEV' FA819 45/-1894 el •-•< LEGEND: I. ROW RIGHT OF ENTRY PERMIT PROPERTY LINE RIGHT OF WAY NOTE; DATA SHOWN HEREON IS DERIVED - FROM RECORD INFORMATION. _ EASEMENT FOR DIVISION STREET CITY OF NATIONAL CITY PLAT A.P.N.: 554-102-02 ADDRESS: DIVISION ST. ATE: 4 /15 /98 I DRAWN BY: A.M.B. SCALE: 1"=20' I COMPILED FROM EXISTING RECORDS City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE AGENDA ITEM NO 8 / ��TT M TT��TT``gg RESULUI1UN AUUEI''T1N(1 '1HE RIGHT -Ur -WAY ENTRY PERMIT AGREEMENT /ANDE �jIJ IZING THE RECORDATION OF THE DOCUMENTS FOR WIDENING OF DIVISION STREET May 25, 1999 PREPARED BY DIN DANESHFAR DEPARTMENT ENGINEERING EXPLANATION - The owners of the property at 7 N. Drexel Avenue, A.P.N. 552-322-14 have granted permission to the City's representative to enter a portion of their property for the reconstruction of Division Street. The street improvements on Division Street will be reconstructed by the City of National City at no cost to the property owners. This permit shall remain in full force and effect for a period of twenty-four (24) months from the date this instrument is executed or until completion and acceptance of the road widening improvements, whichever date occurs first. The area of the affected parcel is described on the attached permit documents. On April 27, 1999 by Resolution No. 99-54, the City Council approved the conveyance of an easement for street purposes (attached plat denotes also the accuired area). The Engineering Department will forward the Right -of -Entry permit to the Escrow Company, for recordation after the acceptance of the permit Agreement by the City. Environmental Review Financial Statement N/A X N/A Account No STAFF RECOMMENDATI • N �i 1 Adopt the Resolution - _ - in- t e Right-of-way Entry Permit Agreement and authorizing the recordation of the Fermit documents for widening of Division Street. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Resolution 2. Right -of -Way Entry Permit 3 Plat Resolution No 99-74 ds4 A-200 (Re.. '/801 RESOLUTION NO. 99 — 74 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE RIGHT-OF-WAY ENTRY PERMIT, AND AUTHORIZING THE RECORDATION OF SAID DOCUMENT FOR THE RECONSTRUCTION OF DIVISION STREET BE IT RESOLVED by the City Council of the City of National City that pursuant to Resolution No. 7083, the City Clerk is hereby ordered to execute a Certificate of Acceptance and to record the following instrument granting right of entry to certain real property to the City of National City: RIGHT OF ENTRY PERMIT dated August 13, 1998 from the Agustin and Reatri7 Nang Family Trust, (A.P.N. 552-322-14). BE IT FURTHER RESOLVED as follows: 1. That the Agustin and Beatriz Nang Family Trust has granted permission to the City to enter a portion of the real property described in the attached Exhibit "A" for the reconstruction of Division Street 2. That the right of entry permit shall remain in full force and effect fora period of twenty-four months from the date the instrument is executed or until completion and acceptance of the road widening improvements, whichever date occurs first. PASSED and ADOPTED this 25* day of May, 1999. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H Fi set, III City Attorney EXHIBIT "A" LOT 83 OF NATIONAL VISTA, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2677, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 6, 1950. WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: MICHAEL R. DALLA, CTY CLERK CITY OF NATIONAL CTY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950-4397 RECORDING REQUESTED BY THE ENGINEERING DEPARTMENT ON BEHALF OF THE CITY OF NATIONAL CITY - THIS SPACE FOR RECORDER'S USE ONLY - The undersigned grantors) cesrare(s): Documentary transfer tax is Sv=DO () computed on full value of property conveyed, or () computed on full value less .slue of liens and encumbrances remaining at time of sale. O Uincorporated area: (x) Crti of National City, and Assessor's Parcel No.: 552-322-14 DOCUMENT No.: 021 NANG NO RECORDING FEE REQUIRE: THIS DOCUMENT EXEMPT FRC.LII FEE PURSUANT TO SECTION 2738Z OF CALIFORNIA GOVERNMENT CC== Project: Division Street Wicwung Location: 7 N. DREXEL AVENUE Project Parcel No.: ROEP 021 NANG RIGHT OF ENTRY PERMIT PERMITOR: AGUSTIN C. NANG and BEATRIZ A. NANG, TRUSTEES, U.D.T. DATED MARCH 27, 11 THE AGUSTIN AND BEATRIZ NANG FAMILY TRUST PERMITTEE: CT' OF NATIONAL CITY, a Municipal Corporation, The PERMITOR hereby grants permission to the PERMITTEE and its designees, agents, employees, contractors and authorized representatives to enter upon the land hereinafter described for the purpose of reconstructing private drveway improvements, retaining wail improvements, and constructing sound wall improvements (if applicable) and incidergs thereto, upon, over and across that certain real property which is situated in the City of National City, County of San Diego, State of California_ and is described as follows: LOT 83 OF NATICNAL VISTA, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2677, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 6, 1950. The specific area to be utilized by the PERMITTEE is more particularly delineated on the Exhibit "B" plat attached hereto and made a part hereof. It is understood and agreed that the PERMITTEE shall be responsible for the restoration of any of the PERMITOR'_ landscaping that has to be removed or is damaged as a result of the reconstruction of said driveway, retaining waft and/or sound wall construction. FERMITTEE shall restore said landscaping to as viable a condition as existed prior to erinfg, as nearly as practicable. It is understood and agreed that the PERMITOR shall not be held liable for any damage to equipment or injury to personnel of said PERMI t T EE, its agents or employees, in the performance of the work done under this permit. This permit shall remain in full force and effect and be binding upon the undersigned, its successors or assigns in interest, for a period of twenty-four (24) months from the date this instrument is executed or until completion and acceptance of the road widening improvements , whichever date occurs first. The date of completion shall be established by the PERMITTEE filing a NOTICE OF COMPLETION with the San Diego County Recorder. Upon saw. termination, the PERMITTEE shall have no further rights or liability in connection with said Right Of Entry Permit. JANMAC, INC. 1 Exorcoration Consultants (National City1ROEP1021NANG) MAN The PERMITOR hereby consents to the recording of this permit. personally appeared This document was executed this / 3 day of ,4L(Gt{ t % , 1998_ AGUSTIN C. NANG and BEATRIZ A. NANG, TRUSTEES, U.D.T. DATED MARCH 27, 1991 THE AGUSTIN AND BEATRIZ NANG FAMILY TRUST By: A 'U$TIN C. NANG, TRUSTEE By: i - BEATRIZ)A� NANG, TRUSTE (NOTARY JURAT) STATE OF eff+Z11od ode I fY COUNTY OF At bfs(PIZ -0 On a. J 3f ICSP before meAi/ROwd6. J 7/44/0/ ) PJ C..— A4a.STre etio4' ,1 O ig. 7/2./ Z %. /U xrff 1 } }ss. } } or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) je/are subscribed to the within instrument and acknowledged to me that la/OP/they executed the same in tiis1I r/their authorized capacity(ies), and that by h /h r/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature)16 tA AURORA B. TAMAYC sty �� Ccr:miss;on = , ? feEin San Diegc Court,/ ��• My Comm. Expires Dec ?.2O7 z (This area for official notarial seal) THIS IS TO CERTIFY that the limited interest in real property granted by the Right Of Entry Permit dated from AGUSTIN NANG, TRUSTEE, to the CITY OF NATIONAL CITY, a Municipal Corporation, is hereby accepted pursuant to City Council Resolution No. and the terms and conditions contained therein is hereby accepted by its duly authorized officer. DATED: BY: MICHAEL R. DALLA, CITY CLERK JANMAC, INC. / Expropriation Consultants (National City \RCEP`021NANG) EXHIBIT Qj N1747.144W 4.00' • N7212'26'E 8.00' • N174734'W 4.00' N72'12' E . __.30' N7212'26 EE 11.00' N17 7:3 . 50u' LOT 83 G 9G 00' G L 21.5 9. `ii� 12'25'E . 7 j N721Z2, E 2g'V „ B" c=av00'00. 25.00' L=3427 5.00' \P.O.B. DIVISION STREEET NOTE: DATA SHOWN HEREON IS GE^. VEE FROM RECORD INFORMATION AND HAS EEEN ROTATED CLOCKWISE � ='26. 250.00' 125.00' ROW ti • 30' 125.00' 0 LEGEND: 250.00' DENOTES TO BE ACQUIRED. AREA 791 SQ. FT. DENOTES RIGHT OF ENTRY AREA = 1460 SQ. FT. PROPERTY UNE ROW RIGHT OF WAY EASEMENT FOR DIVISON STREET CITY OF NATIONAL CITY PLAT A.P.N.: 552-322-14 ADDRESS: DIVISION ST. 3/10/98 DRAWN BY: A.M.B. SCALE: 1"=40' COMPILED FROM EXISTING RECORDS City of National City, California COUNCIL AGENDA STATEMENT May 25, 1999 MEETING DATE AGENDA ITEM NO. ��77 ��yy{{ TT��TT``gg Rh OLU1JON ACC;Y'1'1NU '1'HR RWUHT-Ul'-WAY r;N1RY PhRMl'1' A(_iit .b,MJ NT\ /ANDEAUTHdRIZING THE RECORDATION OF THE DOCUMENTS FOR WIDENING OF DIVISION STREET PREPARED BY DIN DANESHFAR DEPARTMENT ENGINEERING EXPLANATION. The owners of the property at 3130 E. Division Street, A.P.N. 554-102-17 have granted permission to the City's representative to enter a portion of their property for the reconstruction of Division Street. The street improvements on Division Street will be reconstructed by the City of National City at no cost to the property owners. This permit shall remain in full force and effect for a period of twenty-four (24) months from the date this instrument is executed or until completion and acceptance of the road widening improvements,, whichever date occurs first. The area of the affected parcel is described on the attached permit documents. On April 27, 1999 by Resolution No. 99-55, the City Council approved the conveyance of an easement for street purposes (attached plat denotes also the acquired area). The Engineering Department will forward the Right -of -Entry permit to the Escrow Company, for recordation after the acceptance of the permit Agreement by the City. Environmental Review N/A Financial Statement N/A Account No STAFF OMMENDATI ! {VV ".../ Adopt t e Reso ution t ight of -way Entry Permit Agreement and authorizing the recor ation of the ermit documents for widening of Division Street. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Resolution 2. Right -of -Way Entry Permit 3. Plat Resolution No 99- 75 J A-Ii008(Rev. 9/801 RESOLUTION NO. 99 — 75 RESOLUTION OF 1'11i: CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE RIGHT-OF-WAY ENTRY PERMIT, AND AUTHORIZING THE RECORDATION OF SAID DOCUMENT FOR THE RECONSTRUCTION OF DIVISION STREET BE IT RESOLVED by the City Council of the City of National City that pursuant to Resolution No. 7083, the City Clerk is hereby ordered to execute a Certificate of Acceptance and to record the following instrument granting right of entry to certain real property to the City of National City: RltiJt OF ENTRY PERMIT dated August 13, 1998 from Ruth Y. Nakano, (A.P.N. 554-102-17). BE IT FURTHER RESOLVED as follows: 1. That Ruth Y. Nakano has granted permission to the City to enter a portion of the real property described in the attached Exhibit "A" for the reconstruction of Division Street. 2. That the right of entry permit shall remain in full force and effect fora period of twenty-four months from the date the instrument is executed or until completion and acceptance of the road widening improvements, whichever date occurs first. PASSED and ADOYII:U this 25th day of May, 1999. ATTEST: Michael R Dalla, City Clerk APPROVED AS TO FORM: George H. Picer, III City Attorney George H. Waters, Mayor EXHIBIT "A" LOT 29 OF RANCHO BILLS NO. 5, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2475, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 24, 1948. WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: MICHAEL R. DALLA, CITY CLERK CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950-4397 RECORDING REQUESTED BY THE ENGINEERING DEPARTMENT ON BEHALF OF THE CITY OF NATIONAL CITY - THIS SPACE FOR RECORDER'S USE ONLY - The undersigned grantorfsj dedare(s): Documentary transfer tax is S0_00 () computed on full value of property conveyed, or () computed on full value less value of liens and encumbrances remaining at time of sale. ()Uincorporated area: (x) City of National City, and Assessors Parcel No.: 554-102-17 DOCUMENT No.: 201NAKA NO RECORDING FEE REQUIRED: THIS DOCUMENT EXEMPT FROM FEE PURSUANT TO SECTION 27383 OF CALIFORNIA GOVERNMENT CODE Project: Division Street Widening Location: 3130 E. DIVISION STREET Project Parcel No.: ROEP 201 NAKA RIGHT OF ENTRY PERMIT PERMITOR: RUTH Y. NAKANO, TRUSTEE U.D.T. FEBRUARY 10, 1989 PERMITTEE: CITY OF NATIONAL CITY, a Municipal Corporation, The PERMITOR hereby grants permission to the PERMITTEE and its designees, agents, employees, contractors and authorized representatives to enter upon the land hereinafter described for the purpose of reconstructing private driveway improvements, retaining wail improvements, and constructing sound wall improvements (if applicable) and incidents thereto, upon, over and across that certain real property which is situated in the City of National City, County of San Diego, State of California, and is described as follows: LOT 29 OF RANCHO HILLS NO. 5, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2475, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 24, 1948; The specific area to be utilized by the PERMITTEE is more particularly delineated on the Exhibit "B" plat attached hereto and made a part hereof. It is understood and agreed that the PERMITTEE shall be responsible for the restoration of any of the PERMITOR's landscaping that has to be removed or is damaged as a result of the reconstruction of said driveway, retaining wall and/or sound wall construction. PERMITTEE shall restore said landscaping to as viable a condition as existed prior to entry, as nearly as practicable. It is understood and agreed that the PERMITOR shall not be held liable for any damage to equipment or injury -to personnel of said PERMITTEE, its agents or employees, in the performance of the work done under this permit. This permit shall remain in full force and effect and be binding upon the undersigned, its successors or assigns in interest, for a period of twenty-four (24) months from the date this instrument is executed or until completion and acceptance of the road widening improvements , whichever date occurs first. The date of completion shall be established by the PERMITTEE filing a NOTICE OF COMPLETION with the San Diego County Recorder. Upon said termination, the PERMITTEE shall have no further rights or liability in connection with said Right Of Entry Permit. The PERMITOR hereby consents to the recording of this permit. JANMAC. INC. ' Expropriation Consultants (National City\ROEP1201NAKA) This document was executed this ‘77-ej day of 1998. RUTH Y. NAKANO, TRUSTEE U.D.T. FEBRUARY 10, 1989 RUTH Y AKANO, TRUSTEE (NOTARY JURA STATE OF }ss. } / On CO 77 Jev- oZ9 / /F before me, a%'/1lc1- (�(%/lf c /f/o /114 4441,24—, COUNTY OF z—C24 VJ/c70 personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person() whose name ar -subscribed to the within instrument and acknowledged to me that htiletboy executed the same in authorized capacity(ir)., and that by or the entity upon behalf of which the personlj 4 acted, executed the instrument. WITNESS my hand and official seal. Signature: ignature(µon the instrument the person(4- NORMA P. URIAS COMM.# 1117200 m NOTARY PUBLIC-CAUFOANIA SAN DIEGO. CA -•• MY COMMISSION EXPIRES DEC S. 2000 ti (This area for official notarial seal) THIS IS TO CERTIFY that the limited interest in real property granted by the Right of Entry Permit dated from RUTH Y. NAKANO, TRUSTEE, to the CITY OF NATIONAL CITY, a Municipal Corporation, is hereby accepted pursuant to City Council Resolution No. duly authorized officer. DATED: BY: and the Permittee consents to the recordation thereof by its MICHAEL R. DALLA, CITY CLERK JANMAC, INC. / Expropriation Consultants (National City\ROEP\201 NAKA) EXHIBIT 77 B77 ROW -� LEGEND: a V ( , DIVISION STREEET _- N7212'26"E 29.98' a 79.94' N81 J1'01"E N7212'26"E 29.17NB1�,S LOT 29 DENOTES TO SE ACQUIRED. AREA = 205 + SQ. FT. DENOTES RIGHT OF ENTRY AREA = 806 SO. FT. PROPERTY LINE RIGHT OF WAY 50.63' _- 0 4. 51.45, P.O.B. N1T47'34 W 8.19' NOTE: DATA SHOWN HEREON IS DERIVED FROM RECORD INFORMATION. EASEMENT FOR DIVISON STREET CITY OF NATIONAL CITY PLAT A.P.N.: 554--102-17 ADDRESS: DIVISION ST. ,TE: 3/10/98 I DRAWN BY: A.M.B. SCALE: 1"=20' COMPILED FROM EXISTING RECORDS City of National City, California COUNCIL AGENDA STATEMENT May 25, 1999 MEETING DATE AGENDA ITEM NO. 10 (LITMIRIM RESOLUTION ACCEPTING THE RIGHT-OF-WAY ENTRY PE IZING THE RECORDATION OF THE DOCUMENTS FOR WIDENING OF DIVISION STREET PREPARED BY DIN DANESHFAR DEPARTMENT ENGINEERING EXPLANATION. The owners of the property at 7 N., Kenton Avenue, A.P.N. 552-330-09 have granted permission to the City's representative to enter a portion of their property for the reconstruction of Division Street. The street improvements on Division Street will be reconstructed by the City of National City at no cost to the property owners. This permit shall remain in full force and effect for a period of twenty four (24) months from the date this instrument is executed or until completion and acceptance of the road widening improvements, whichever date occurs first. The area of the affected parcel is described on the attached permit documents. On April 27, 1999 by Resolution No. 99-52, the City Council approved the conveyance of an easement for street purposes (attached plat denotes also the acquired area). The Engineering Department will forward the Right -of -Entry permit to the Escrow Company, for recordation after the acceptance of the permit Agreement by the City. Environmental Review Financial Statement N/A WAIF RECOMMENDATI Adopt the Resolutioncc tin authorizing the recordation Division Street. X N/A of Account No. fight- f-way Entry Permit Agreement and the p mit documents for widening of BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Resolution 2. Right -of -Way Entry Permit 3 Plat 99-76 Resolution No A-7005rev. 9/801 RESOLUTION NO. 99 — 76 RESOLUTION OF THE CITY COUNCIL OF ITLE CITY OF NATIONAL CITY ACCEPTING THE RIGHT-OF-WAY ENTRY PERMIT, AND AUTHORIZING THE RECORDATION OF SAID DOCUMENT FOR THE RECONSTRUCTION OF DIVISION STREET BE IT RESOLVED by the City Council of the City of National City that pursuant to Resolution No. 7083, the City Clerk is hereby ordered to execute a Certificate of Acceptance and to record the following instrument granting right of entry to certain real property to the City of National City: RI(ift OF ENTRY PERMIT dated August 13, 1998 from Robert and Margie Garcia, (A.P.N. 552-330-09). BE IT FURTHER RESOLVED as follows: 1. That Robert and Margie Garcia have granted permission to the City to enter a portion of the real property described in the attached Exhibit "A" for the reconstruction of Division Street. 2. That the right of entry permit shall remain in full force and effect fora period of twenty-four months from the date the instrument is executed or until completion and acceptance of the road widening improvements, whichever date occurs first. PASSED and ADOI'TE) this 25th day of May, 1999. ATTEST: Michael R Dai1a, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. Waters, Mayor EXHIBIT "A" LOTS 124 AND 125 OF NATIONAL VISTA, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2677, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 6, 1950, EXCEPTING THEREFROM THE NORTH 50 rr.±1 THEREOF. WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: MICHAEL R. DALLA, CITY CLERK CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950-4397 RECORDING REQUESTED BY THE ENGINEERING DEPARTMENT ON BEHALF OF THE CITY OF NATIONAL CITY - THIS SPACE FOR RECORDER'S USE ONLY - The undersigned grantor(s) dedare(s): Documentary transfer tax is $0.00 () computed on full value of property conveyed, or () computed on full value less value of liens and encumbrances remaining at time of sale. () Uincorporated area: (x) City of National City, and Assessors Parcel No.: 552-330-09 DOCUMENT No.: 121GARC NO RECORDING FEE REQUIRED: THIS DOCUMENT EXEMPT FROM FEE PURSUANT TO SECTION 27383 OF CALIFORNIA GOVERNMENT CODE Project: Division Street Widening Location: 7 N. KENTON AVENUE Project Parcel No.: ROEP 121GARC RIGHT OF ENTRY PERMIT PERMITOR: ROBERT GARCIA and MARGIE GARCIA, husband and wife as joint tenants PERMITTEE: CITY OF NATIONAL CITY, a Municipal Corporation, The PERMITOR hereby grants permission to the PERMITTEE and its designees, agents, employees, contractors and authorized representatives to enter upon the land hereinafter described for the purpose of reconstructing private driveway improvements, retaining wall improvements, and constructing sound wail improvements (if applicable) and incidents thereto, upon, over and across that certain real property which is situated in the City of National City, County of San Diego, State of California, and is described as follows: LOTS 124 AND 125 OF NATIONAL VISTA, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2677, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 6 , 1950, EXCEPTING THEREFROM THE NORTH 50 FEET THEREOF. The specific: area to be utilized by the PERMITTEE is more particularly delineated on the Exhibit "B" plat attached hereto and made a part hereof. It is understood and agreed that the PERMITTEE shall be responsible for the restoration of any of the PERMITOR's landscaping that has to be removed or is damaged as a result of the reconstruction of said driveway, retaining wall and/or sound wall construction. PERMITTEE shall restore said landscaping to as viable a condition as existed prior to entry, as nearly as practicable. It is understood and agreed that the PERMITOR shall not be held liable for any damage to equipment or injury to personnel of said PERMITTEE, its agents or employees, in the performance of the work done under this permit. This permit shall remain in full force and effect and be binding upon the undersigned, its successors or assigns in interest, for a period of twenty-four (24) months from the date this instrument is executed or until completion and acceptance of the road widening improvements , whichever date occurs first. The date of completion shall be established by the PERMITTEE filing a NOTICE OF COMPLETION with the San Diego County Recorder. Upon said termination, the PERMITTEE shall have no further rights or liability in connection with said Right Of Entry Permit. JANMAC. INC.; Expropnation Consultants (National City\ROEP\121GARC) The PERMITOR hereby consents to the recording of this permit. This document was executed thisia/� day of , 1998. ROBERT GARCIA and MARGIE GARCIA, husband and wife as joint tenants ROBERT GARCIA 1 /7(_ MARGIE GARCIA (NOTARY JURAT) STATE OF COUNTY OF cfrifilG l/P, v • On SF" /e /.1fed" before me, personally appeared /le!r ,e2,7f. f n'At-lec/;4- /1-97c/ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: V M. IBARRA Comm. *1149344 rr11 NOTARY PUBLIC - CALIFORNIA,'"SAN DIEGO COUNTY n Comm. Exp. July 31. 2001 I� V V V V V V V V V V V (This area for official notarial seal) THIS IS TO CERTIFY that the limited interest in real property granted by the Right Of Entry Permit dated - from ROBERT GARCIA and MARGIE GARCIA, to the CITY OF NATIONAL CITY, a Municipal Corporation, is hereby accepted pursuant to City Council Resolution No. therein is hereby accepted by its duly authorized officer. DATED: BY: MICHAEL R. DALLA, CITY CLERK and the terms and conditions contained JANMAC. INC. / Expropriation Consultants (National City1ROEP\121GARC) EXHIBIT >> >> ZO. N1747'34'E 5.00' =6738'03' R=15.00' L=17.71' N72'12'26"E 0 LEGEND: ROW N1747'34E 7.35' N7212'26. E. ROW ke • Tl N45'38'32' E N174734 E : N7212'26'"e 4.24' N1747'34E 17.37' 1.98' 10.60' N45'38'32.E I 50_04' N7Z12'26"E 3.02' 72.30' 5.00' 3.02' 100.00' DIVISION STREEET DENOTES TO BE ACQUIRED. AREA = 636 +SQ. FT. P.O.B DENOTES RIGHT OF ENTRY AREA = 756 SQ. FT. PROPERTY UNE RIGHT OF WAY NOTE: DATA SHOWN HEREON IS DERIVED FROM RECORD INFORMATION AND HAS BEEN ROTATED CLOCKWISE O'28'14. EASEMENT FOR DIVISON STREET CITY OF NATIONAL CITY PLAT A.P.N.: 552-330-09 ADDRESS: DIVISION ST. 3/10/98 DRAWN BY: A.M.B. I SCALE: 1"=20' COMPILED FROM EXISTING RECORDS City of National City, California COUNCIL AGENDA STATEMENT 11 MEETING DATE 09_7 96-99 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #45 PREPARED BY ROBERT A. RABAGO DEPARTMEN EXPLANATION. RATIFICATION OF WARRANT REGISTER #45 PER GOVERNMENT SECTION CODE 37208. FINANCE Environmental Review N/A Financial Statement N/A Account No STAFF RECOMMENDATION I recommend ratification of these warrants (154961-155193) for a total of s77-7 777 BOARD/COMMISSION COMMEN ATION ATTACHMENT$ (Listed Below) 1. Warrant Register #45 2. Workman's Comp Register dated 5/5/99 Resolution No A-200 (Rev. //801 City of National City, California COUNCIL AGENDA STATEMENT SECOND READING 12 MEETING DATE try 25,, 1999 AGENDA ITEM NO. rr v rt p N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, ADOPTING VOLUMES I A, O r t CALIFORNIA BUILDING CODE , 1998 EDITION, AMENDING CERTAIN SECTIONS AND ADOPTING APPENDLX CHAPTERS 9, 10, 12(DIVISION IIA), 15 AND 31(DIVISION III), PROVIDING PENALTIES FOR VIOLATION THEREOF AND AMENDING ORDINANCE NO. 96-2111 AND CHAPTER 15.08 OF THE NATIONAL CITY MUNICIPAL CODE PREPARED BY Kathleen Trees, Acting Director DEPARTMENT Building and Safety EXPLANATION. State law requires that the City of National City adopt the California Building Code and limit technical amendments to those needed due to local topographical, geographical, or climatic conditions. Specific findings regarding the local technical amendments must be made by the local jurisdiction and filed with the Department of Housing and Community Development. State law does not restrict local amendments to the administrative provisions of the codes. Staff is recommending that the City continue to require shake roofs to be Class C fire -retardant due to the local climatic conditions. This is more restrictive than the state requirement for ordinary roof coverings. All other amendments concerning permit expiration and renewal remain the same as in the past. The amendments include reference to the National City Municipal Code requirements pertaining to notices and orders and appeals. These have worked well in National City. The attached staff report addresses some of the more significant changes found in the 1998 California Building Code. Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Introduce the Ordinance. BOARD/COMMISSION RECOMMENDATION The Advisory and Appeals Board at its May 4, 1999 meeting recommended that the City Council adopt the California Building Code with amendments. ATTACHMENTS (Listed Below) tart report Ordinance Advisory and Appeals Board Resolution 99-2 ♦-:00 IAe. /901 Resolution No 1998 CALIFORNIA BUILDING CODE One of the most significant changes to the 1998 California Building Code is the way in which the code is now published. In the past, the State has adopted the Uniform codes with state amendments. This year, however, the State has chosen to incorporate the amendments into the uniform codes and publish them as the California Codes. The code is now jointly published by the International Conference of Building Officials and the California Building Standards Commission. This is the last time the State is expected to adopt the uniform model codes. Progress is being made to switch to the International Family of Codes during the next code cycle. The International Codes are a combination of the codes produced by the three major code organizations. The majority of states east of the Mississippi River use building codes published by the Building Officials and Code Administrators International or the Southern Building Code Congress International. The code change cycle now includes joint meetings between members of the different code groups. The 1998 California Building Code has a completely rewritten exiting chapter. It now includes a three-part definition of "means of egress." These definitions are the exit access (where exiting starts), the exit (the point where the code feels an adequate level of safety has been achieved) and the exit discharge (the area where the occupant goes after leaving the building). The UBC was the last model building code not using the three-part definition and the change was long overdue. The National Fire Protection Association (NFPA) in 1956 first used the three-part means of egress system. It is anticipated that the change will eventually make the code easier to use in designing and enforcing these provisions and it was important in the effort toward a single national building code. Also new is earthquake design chapter. This code change has been under development since 1993 by the Structural Engineers Association of California Seismology Committee. It now is important to now the proximity of the structure to the fault. Strong ground measurements from the Northridge. Kobe and other large earthquakes have shown that ground motions are signifcantly greater near the earthquake. To account for this a near source factor has been introduced. This factor only applies in seismic zone 4. A major structural change requires sill anchor bolts to be a minimum of 5/8". The code's minimum sill bolt size and spacing has been unchanged for the past 51 years, during which period substantial increases in minimum lateral loads have been incorporated into the code's engineering provisions. Calculations show that the current prescriptive code requirements for sill anchorage are not adequate to provide this equivalence in Seismic Zone 4. Along the same line. the code now addresses the practice of over -sizing the holes for the sill bolts. Square plate washers are prescriptively required to compensate for this practice. This will reduce the - tendency for longitudinal splitting of the plate from seismic loading. The new edition of the code also requires a minimum amount of steel reinforcing to be included in slabs and footings in seismic zone 4. -2- Different in the adopting ordinance this year is the removal of the limit of accessory structures to 100 square feet. The limit now agrees with the latest edition of the code and is set at 120 square feet. In addition, during the last cycle re -roof permits were exempted. The building inspectors had problems with incorrectly installed roofs and advised that the requirement be reinstated. The proposed amendments regarding permit expiration and renewal reflect similar amendments approved previously by the Advisory and Appeals Board and have worked well in National City. The amendments include reference to National City Municipal Code requirements pertaining to notices and orders and appeals. follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CTTY OF NATIONAL CITY, ADOPTING VOLUMES I AND II OF THE CALIFORNIA BUILDING CODE, 1998 EDITION, AMENDING CERTAIN SECTIONS AND ADOPTING APPENDIX CHAPTERS 9, 10, 12(DIVISION HA), 15 AND 31 (DIVISION III); PROVIDING PENALTIES FOR VIOLATION THEREOF AND AMENDING ORDINANCE NO. 96-2111 AND CHAPTER 15.08 OF THE NATIONAL CITY MUNICIPAL CODE BE IT ORDAINED by the City Council of the City of National City as Section 1. The City Council of the City of National City hereby adopts Volumes I and 11 of the California Building Code, 1998 Edition, published by the International Conference of Building Officials and the Building Standards Commission. Section 2. The City Council of the City of National City hereby amends certain sections and adopts certain Appendix Chapters of Volume I of the California Building Code, 1998 Edition and amends Ordinance No. 96-2111 and Chapter 15.08 of the National City Municipal Code to read as follows: Sections: 15.08.010 15.08.015 15.08.020 15.08.025 15.08.030 15.08.035 15.08.040 15.08.045 15.08.050 15.08.055 15.08.060 15.08.065 15.08.070 15.08.075 15.08.080 15.08.085 15.08.090 15.08.095 CHAPTER 15.08 CALIFORNIA BUILDING CODE California Building Code adopted Section 102 "Unsafe Buildings or Structures" —amended Section 103 "Violations" —amended _ Section 104.2.3 "Right of Entry" —amended - Section 105.1 "Board of Appeals" —amended Section 106.2.5 "Exempted Work" —amended Section 106.2 "Exempted Work" —amended Section 106.4.4 "Expiration" —amended Section 106.4.6 "Permit Denial" —added Section 107.2, 107.3, 107.5.2 "Fees" —amended Section 107.7 "Permit Filing -Fees" —added Section 108.8 "Reinspections"—amended Section 109.4 "Temporary Certificate" —amended Chapter 1 Table 1-A "Building Permit Fees" —not adopted Section 502 "Premises Identification" —amended Sections 1507.12 and 1507.13 "Roof Covering Materials and Application" —amended Section 3403.5 "Historical Buildings" —amended Appendix Chapters —not adopted 15.08.010 California Building Code adopted. There is adopted by the City Council, for the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, oc.^ ipancy, use, height, area, fire resistance, and maintenance of all buildings and/or structures that certain code known as the California Building Code, Volume I including Appendix Chanters 9, 10, 12 (Division IIA), 15, 31 (Division III), and Volume II, published by the Tnn -national Conference of Building Officials and the California Building Standards Commission. n being particularly the 1998 Edition thereof, save and except such portions as are ciele---4 added, modified or amended, of which code one copy has been and is now flied in the orLre of the Director of Building and Safety; and the same is adopted and incorporated as fully as if set out at length herein, and from the date on which the ordinance codified in this chapter tames effect, the provisions thereof shall be controlling within the limits of the city. 15.08.15 Section 102 "Unsafe Buildings or Structures" —amended. Seca 102 of the California Building Code is amended to read: 102. Unsafe Buildings or Structures. All buildings or stern-* regulated by this code that are structurally unsafe or not provided with ari n,,, egress, or that constitute a fire hazard, or are otherwise dangerous to humnr, lip are, for the purpose of this section, unsafe. Any use of buildings or struc_sr:s constituting a hazard to safety, health or public welfare by reason of inar?Peare maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. Parapet wa T cornices, spires, towers, tanks, statuary and other appendages or strucnxr i members that are supported by, attached to, or a part of a building and that are in deteriorated condition or otherwise unable to sustain the design loads that are specified in this code are hereby designated as unsafe building appendage::_ Abandoned buildings or structures or portions thereof in incomplete condircn inherently constitute a hazard, are substandard, dangerous, and unsafe, and declared a public nuisance by reason of unprotected trenches and excavations., projecting structural elements, open piping systems, exposed eiec _ conductors and/or other conditions characteristic of construction projects. All such unsafe buildings, structures or appendages are hereby to be public nuisances and shall be abated by repair,- rehabilitation, demoiirr or removal in accordance with the procedures set forth in the Dangerous Buildings Code or such alternate procedures as may have been or as may be adopted by this jurisdiction. As an alternative, the building official, or of 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. 2 Building Cods Ora® 15.0 .020 Se ion 103 "Violations" —amended. Section 103 of the California Building Code is amended to read: 103. Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. Violation of any provisions of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.08.025 Section 104.2.3 "Right of Entry" —amended. Section 104.2.3 of the California Building Code is amended to read: 104.2.3. Right of Entry. When nes-zaary to make an inspection to enforce any of the provisions of this code or reasonable cause to believe that there exist in any building or upon any premises a condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official, San Diego County Health Department and/or their authorized representatives may request entry as specified in Chapter 1.12 of the National City Munic=rial Code. 15.08.030 Section 105.1 "Board of Appeals" —amended Section 105.1 of the California Building Code is amended to read: 105.1. Board of Appeals. The Advisory and Appeals Board is established by City Ordinance No. 1834 adopted October 9, 1984. The Board shall have jnrisdiction to review the items as enumerated in Chapter 15.08 of the National. City Municipal Code. 15.08.035 Section 106.2.5 "Exempted Work" —amended. Section 106.2.5 of she California Building Code is amended to read: 106.2.5. Permits for retaining walls shall be as specified in the City Grading Ordinance, Chapter 15.70. 15.08.040 Section 106.2 "Exemmed Work" —amended. Section 106.2 is amended to add the following exempted work: 13. Playground, gymnastic and similar equipment and structures used for re: -eition and athletic activities. 14. Repairs to lawfully existing Group R, Division 3 structures and Group U occupancies accessory to Group R, Division 3 structures constructed under a building permit which involve only the replacement of component parts or existing work completed with similar materials only for the purpose of 3 Building cad. oniinane. maintenance and do not affect any structural components and plumbing, electrical or mechanical installations. Repairs exempt from permit requirements shall not include any addition, change or modification in construction, et facilities or permanent fixtures or equipment. Specifically exempt from permit requirements are: (1) Painting and decorating including refinishing of existing exterior stucco finishes. (2) Installation of floor covering. (3) Cabinet work. (4) Outside paving. (5) Replacement of existing windows with new windows which do not involve structural modification of the existing window opening 15. Ground -mounted satellite antennas not exceeding ten feet in diameter and roof mounted satellite antennas not exceeding eight feet in diameter. 16. Painted wall signs and Styrofoam wall signs. 15.08.045 Section 106.4.4 "Expiration" —amended. Section 106.4.4 of the California Building Code is amended to read: 106.4.4 Expiration. Every permit issued by the building ofF r ai under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commence for a period of 6 calendar months, or if the building or work authorized by sum permit exceeds 3 calendar years from the issuance date of the permit. Wort shall be presumed to have commenced if the permittee has obtained a requires inspection approval of work authorized by the permit by the building official within six calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained required inspection approval of work by the building official within each 6 month period upon the initial commencement of work authorized by sum permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, eh211 be first obtained. 1. Permits where work has not commenced. For permits for whit work has not been commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuano date; 4 Building cod. otaiat.a (C) The same edition of the model codes are in effect as used in the initial plan check; (D) A fee equal to one-half the amount required for a new permit is paid. (E) The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the model codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee tha11 be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one -quarter the amount required for a new permit shall be paid. (D) A renewal permit shall expire three calendar years from the date of initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: (A) Construction in reliance upon the building permit has commenced and has been approved; (B) No changes have been made or will be made in the original plans and specifications for such work; (C) A fee equal to the full amount required for a new permit is paid, except that where the building official determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in accordance with this subsection Shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of (A), (B), and (C) as stated in this subsection are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons the permittee is unable to continue work within the time required by this chapter. The building official may extend the time for action by the permittee for a period not exceeding 6 calendar months upon written request by the 5 a.;a;,g cod. oed;..oc. permittee showing that circumstances beyond the control of the permitter have prevented action from being taken. No permit shall be extended more than once. 15.08.050 Section 106.4.6 "Permit Denial" —added. Section 106.4.6 of the California Building Code is hereby added to read: 106.4.6 Permit Denial. The Building Official may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in Chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. 15,08.055 Sections 107.2. 107 3 and 107.5.2 "Fees" —amended. Sections 107.2, 107.3 and 107.5.2 of the California Building Code are amended to read: 107.2 Permit Fees. The fees for each permit shall be as set forth in the National City Fee Schedule adopted by the City Council. The determination of value or valuation under any of the provisions of this code ¢hail be made by the building official. The value to be used in computing the building permit and building plan review fees shalt be the total value of all construction work for which the permit is issued as well as all fink" work, painting, roofing, electrical, plumbing, heating, air-conditioning, elevators, fire -extinguishing systems and any other permanent equipment. The building official may use the schedule of Building Valuation Multipliers as adopted by the San Diego Area Chapter of the International Conference of Building Officials in making determinations of value or valuation. 107.3 Plan Review Fees. When plans and/or other data are required to be submitted by Section 106.3.2, a plan review fee as contained in the National City Fee Schedule adopted by the City Council nail be paid at the time of submitting plans and/or other data. The plan review fee spec` fied in this subsection are separate fees from the permit fees specified in Section 107.2, and are in addition to the permit fees. 107.5.2 Investigation Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The fee shall be as set forth in the National City Fee Schedule adopted by the City Council. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. 6 Building cod. ordia.oe. 15.08.060 107 7 "Permit_ Filing Fee" —added. The following fee is added to Section 107.7. 107.7. Permit Filing Fee. A permit filing fee as set forth in the National City Fee Schedule adopted by the City Council shall be paid for each project submitted to the City for review. 15.08.065 Section 108.8 "Reinspections"—amended. Section 108.8 of the California Building Code is amended to read: 108.8. Reinspections. A reinspection fee may be asgecsed 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 section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspections. Reinspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide arms on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official. To obtain a re -inspection, the permittee shall file an application therefor in writing upon a form provided for that purpose, and pay the re -inspection fee as specified in the National City Fee Schedule adopted by the City Council. In instances where re -inspection fees have been assessed, no additional inspection of work will be performed until the fees have been paid. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. 15.08.070 Section 109.4 "Temporary Certificate" —amended. Section 109.4 of the California Building Code is amended to read: 109.4. - Temporary Certificate. Where a project or a major portion thereof is substantially complete but practical difficulties delay completion of work involving conditions imposed upon the project by the City, the building official may issue a temporary Certificate of Occupancy for the use of a portion or portions of a building or structure prior to the completion of the entire project. Prior to the issuance of a temporary Certificate of Occupancy, the premises shall be inspected by all affected City departments who shall prepare a list of work required to be completed and shall forward the list along with written approval or disapproval of the issuance of temporary Certificate of Occupancy approval to the building official. 7 Building code Ordinance Upon receipt of approval of all affected City departments, the building official shall prepare a written document granting temporary Certificate of Occupancy approval which shall include the following: 1. The work to be done. 2. The maximum time allowed for completion of all work. 3. The property owner's signature and the signature of the contractor agreeing to complete the work within the prescribed time or vacate the premises upon order of the building official until such work is complete. 4. Evidence that a faithful performance bond has been posted if required by any affected City department. A copy of a written document granting temporary Certificate of Occupancy approval shall be provided to all affected City departments. 15.08.075 Chapter 1. Table 1-A "Building Permit Fees" —not adopted Chapter 1, Table 1-A Building Permit Fees of the California Building Code is not adopted. 15.08.080 Section 502 "Premises Identification" —amended. Section 502 of the California Building Code is amended to read: 502. Premises Identification Every principal building or strucase located within the incorporated limits of the City of National City shall be identified by a designated street number as issued by the Dire`..or of Building and Safety. Approved numbers, or addresses, shall be placed on all new and existing blrilciings adjacent to the principal entrance where the numbers posted at the entrance shall be posted on the building or at a point that is plainly visible and legible from the street which is addressed If necessary, directional sig' shall be posted showing proper acrPss to a given address, from the point where the Fire Department aeress roadway leaves the dedicated street. to the entrano of each addressed building. All such numbers shall be plac41 on a contrasting background.. 15.08.085 Sections 1507.12 and 1507.13 "Roof -covering Materials and Application" —amended. The City Council specifically and expressly finds and declares that the density of development and the existence of ocean brr-�7's and the existence and use of dry untreated wood chaps and shingle roofs create conditions which contribute significantly, to the potential spread of fire, which thereby necessitates that the roof -covering require is _ of Section 1507.12 and 1507.13 of the California Building Code must be more revsonably restrictive to minimize fire spread and are therefore amended as follows: 1507.12. Wood shakes. Shakes shall comply with California Building Code Standard No. 15-3, shall be Class C fire retardant, and shall be installed in accordance with Table No. 15-B-2. 150 7.13. Wood shingles. Shingles shall comply with California Building Code Standard No.15-4, shall be Class C fire retardant, and shall be installed in accordance with Table No. 15-B-2. 8 Building cade and; s 15.08.090 Section 3403.5 "Historical Buildings" —amended Section 3403.5 of the California Building Code is amended to read: 3403.5 Historical Buildings. The repair, alteration, enlargement, maintenance and moving of historical buildings designated in National City Municipal Code Section 18.139.020 shall comply with the provisions of the State Historical Building Code (Part 8, Title 24, California Code of Regulations) and shall be subject to the review of permit requirements of National City Municipal Code Section 18.139.030. 15.08.095 Avpendix Chapters —not adopted. Appendix Chapters 3, 4, 11, 12 (Divisions I and II),13, 29, 31 (Division I and II) and 34 are not adopted. Section 3. The City Clerk shall transmit a certified copy of this ordinance to the State Building Standards Conunission for filing in accordance with Health and Safety Code Sections 17958.7 and 18941.5. PASSED and ADOPTED this day of , 1999. ATTEST: Michael Dalla City Clerk APPROVED AS TO FORM: George H. Biser, III City Attorney 9 George H. Waters, Mayor Building cod. Ordinance 11611111 RESOLUTION 99-2 A RESOLUTION OF 1111., ADVISORY AND APPEALS BOARD OF 1'HL CITY OF NATIONAL CITY RECOMMENDING ADOPTION BY [HE CITY COUNCIL OF VOLUMES L II OF MBE 1998 EDITION OF 1'HL CALIFORNIA BUILDING CODE, 1HL 1998 CALIFORNIA PLUMBING CODE, nit, 1998 CALIFORNIA ELECTRICAL CODE, THE 1998 CALIFORNIA MECHANICAL CODE, nib- 1997 UNIFORM HOUSING CODE, IILth 1997 UNIFORM CODE FOR 1'HL ABATEMENT OF DANGEROUS BUILDINGS, THE 1997 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE AND CERTAIN AMENDMENTS TO TITLE 15 OF LEM NATIONAL CITY MUNICIPAL CODE WI REAS, the Advisory and Appeals Board of the City of National City at its meeting of May 4, 1999, after proper notification, conducted a hearing to consider the recommended amendments to Volumes I and II of the 1998 Edition of the Califnornia Building Code, the 1998 California Plumbing Code, the 1998 California Mechanical Code, the 1997 Uniform Housing Code, the 1997 Uniform Code for the Abatement of Dangerous Buildings, the 1998 California Electrical Code, and Title 15 of the National City Municipal Code, which are utilized by the Building and Safety Department; and WHERE AS, the administrative amendments are necessary to facilitate the administration and enforcement of the codes and to assure compatibility with other codes and ordinances of the City; and WHEREAS, after review and discussion, the Board determined that the amendments submitted be approved and forwarded to the City Council with a recommendation for adoption by the City Council. NOW, THEREFORE, BE IT RESOLVED that the Advisory and Appeals Board recommends that Volumes I and II of the 199E California Building Code, the 1998 California Plumbing Code_ the 1998 California ElectricaLCode, the 1998 California Mechanical Code, the 1997 Uniform Housing Code, the 1997 Uniform Code for the Abatement of Dangerous Buildings, and the 1997 Uniform Swinuning Pool and Hot Tub Code with amendments to Titles 15 of the National City Municipal Code as submitted be adopted by the City Council. PASSED and ADOP 1EL this 4th day of May, 1999. ATTEST: KathiS. Trees Director of Building and Safety APPRTOVEP AS TO FORM: *doff' Hradecky —� Senior Assistant City Attorney 2 City of National City, California SECOND READING COUNCIL AGENDA STATEMENT MEETING DATE May 25;1999 13 AGENDA ITEM NO r- ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION , AND AMENDING ORDINANCE NO. 96-2112 AND CHAPTER 15.10 OF THE NATIONAL CITY MUNICIPAL CODE. PREPARED BY Kathleen Trees, Acting Director DEPARTMENT Building and Safety EXPLANATION. The State of California does not adopt this code and accordingly, there are no limitations on local amendments. There are no substantial changes to the 1997 Uniform Code for the Abatement of Dangerous Buildings. It is recommended that the code be amended to require that when a building has been ordered to be boarded, that all openings must be completely covered with not less than one-half inch exterior plywood or similar material attached with 1/4-inch by two inch lag screws in each corner and at 24 inches on center around the perimeter of the opening. In addition, it is recommended that the code be amended to allow the Building & Safety Director to require that tamper -proof lag screws be utilized in those instances where conventional lag screws have failed to prevent entry by unauthorized individuals. These changes are the same as during the previous cycle. Environmental Review Financial Statement N/A Account No. STAFF RECOMMENDATION Introduce the Ordinance. BOARD/COMMISSION RECOMMENDATION 1 he Advisory and Appeals Board at its May 4, 1999 meeting recommended that the City Council adopt the 1997 Uniform Code for the Abatement of Dangerous Buildings with amendments. A TACHMENTS (Listed Below) Advisory and Appeals Board Resolution 99-2 Ordinance Resolution No ...:a riev ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION, AND AMENDING ORDINANCE NO. 96-2112 AND CHAPTER 15.10 OF ELIE NATIONAL CITY MUNICIPAL CODE BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. The City Council of the City of National City hereby adopts the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition. Section 2. The City Council of the City of National City hereby amends and deletes certain sections of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, and amends Ordinance No. 96-2112 and Chapter 15.10 of the National City Muniripat Code, to read: Section: 15.10.005 15.10.010 15.10.015 15.10.020 15.10.025 15.10.030 15.10.035 15.10.040 15.10.045 CHAPTER 15.10 UNIFORM CODE FOR IKE ABATEMENT OF DANGEROUS BUILDINGS Uniform Code for the Abatement of Dangerous Buildings (1997 Edition) adopted Section 201.3 "Right of Entry" —amended Section 202 "Abatement of Dangerous Buildings" —amended Section 203 "Violations" —amended Section 205 "Board of Appeals" —amended Section 403 "Repair, Vacation and Demolition" —amended Section 501 "General" —amended Section 502 "Effects of Failure to Appeal" —amended Chapter 6 "Appeal Procedure" —amended 15.10.005 Uniform Code for the Abatement of Dangerous Buildings (1997 Edition) adopted. There is adopted by the_ City Council, for the purpose of prescribing regulations governing hazards to life and property from substandard housing conditions, that certain code known as the Uniform Code for the Abatement of Dangerous Buildings, as copyrighted by the International Conference of Building Officials, being particularly the 1997 Edition, save and except such portions as are hereinafter deleted, modified or amended, of which code one copy is now on file in the office of the Director of Building and Safety; and the same is adopted and incorporated as fully as if set out at length in this chapter and from the date on which the ordinance codified in this chapter takes effect, the provisions thereof shall be controlling within the limits of the city. 15.10.010 Section 201.3 "Right of Entry" —amended. Section 201.3 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read: 201.3 Right of Entry. When nerPttary to make an inspection to enforce any of the provisions of this code or reasonable cause to believe that there exist in any building or upon any premises a condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Bi ilrling Official, San Diego County Health Department and/or their authorized representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.10.015 Section 202 "Abatement of Dangerous Buildings" —amended. Section 202 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read: 202. Abatement of Dangerous Buildings. All non-residential buildings or portions thereof which are determined after inspection by the building official to be dangerous as defined in this code are hereby declared to be public nuisances and cha11 be abated by repair, rehabilitation, demolition or removal in accordance with the procedures specified in Section 401 of this code. All residential building or portions thereof which are determined after inspection by the building official to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures specified in Health and Safety Code Section 17980 and the California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1-State Housing Law Regulations. 15.10.020 Section 203 "Violations" —amended. Section 203 of the Uniform Mule for the Abatement of Dangerous Buildings is amended to read: 203. Violations. Violation of any provisions of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.10.025 Section 205 "Board of Appeals" -amended. Section 205 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read: 205. Board of Appeals. The Advisory and Appeals Board is established by City Ordinance -No. 1834 adopted October 9, 1984. The Board aha1l have jurisdiction to review the items as enumerated in Chapter 15.04 of the National City Municipal Code. 15.10.030 Section 403 "Repair. Vacation and Demolition" —amended. Section 403, Section 1, Subsection 1.3 is amended to read: 433.1.3. Securing Vacant Buildings. All exterior openings into buildings ordered to be secured shall be completely covered with not less than one-half inch plywood or similar material approved by the Director of Building and Safety and shall be attached with not less than 1/4 inch by two inch lag screws in each corn= and at 24 inches on center around the perimeter of the opening. When 2 Dangerous Buildings coda Ordinance conventional lag screws have failed to restrict entry by unauthorized individuals, the Director of Building and Safety may require that tamper -proof lag screws be utilized. 15.10.035 Section 501 "General" —amended Section 501 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read: 501. General. Any person entitled to service under Section 401.3 may appeal from any notice and order or any action of the building official under this code by filing an appeal as specified in Chapter 15.04 of the National City Municipal Code. 15.10.040 Section 502 "Effects of Failure to Appeal." —amended. Section 502 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read: 502. Effects of Failure to Appeal. Failure of any person to file an appeal in accordance with the provisions of Section 15.04.060 of the National City Municipal Code shall constitute a waiver of the right to an administrative hearing and adjudication of the Notice and Order or any portion thereof. 15.10.045 Chapter 6 "Appeal Procedure" —amended. Chapter 6 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read: Appeal Procedure. Appeal procedures hail be as set forth in Section 15.04.060 and Section 15.04.070 of the National City Municipal Code. PASSED and ADOPTED this day of , 1999. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. FisPr, III, City Attorney 3 George H. Waters, Mayor Dangerous Build. cud. Oeai..no. RESOLUTION 99-2 A RESOLUTION OF iJiL ADVISORY AND APPEALS BOARD OF 1'HP. CITY OF NATIONAL CITY RECOMMENDING ADOPTION BY 173E CITY COUNCIL OF VOLUMES I. U OF rah 1998 EDITION OF nit C.&I,TFORNIA BUILDING CODE, Lat. 1998 CAT -FOR/VIA PLUMBING CODE, Hit 1998 CALIFORNIA ELECTRICAL CODE, 1HL 1998 CALIFORNIA. MECHANICAL CODE, tat 1997 UNIFORM HOUSING CODE, Tat 1997 UNIFORM CODE FOR Lat. ABATEMENT OF DANGEROUS BUILDINGS, LHF. 1997 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE AND CERTAIN AMENDMENTS TO TITLE 15 OF THE. NATIONAL CITY MUNICIPAL CODE WHER-A.S, the Advisory and Appeals Board of the City of National City at its meeting of May 4, 1999, after proper notification, conducted a hearing to consider the recommended amendments to Volumes I and II of the 1998 Edition of the Caiifnornia Building Code, the 1998 California Plumbing Code, the 1998 California Mechanical Code, the 1997 Uniform Housing Code, the 1997 Uniform Code for the Abatement of Dangerous Buildings, the 1998 California Electrical Code, and Title 15 of the National City Municipal Code, which are utilized by the Building and Safety Department; and WHERE S, the administrative amendments are necessary to facilitate the administration and enforcement of the codes and to assure compatibility with other codes and ordinances of the City; and WHEREAS, after review and discussion, the Board determined that the amendments submitted be approved and forwarded to the City Council with a recommendation for adoption by the City Council_ NOW, 1_ciREFORE, BE IT RESOLVED that the Advisory and Appeals Board recommends thP-F-Volumes I and II of the 1998 California Building Code, the 1998 California Plumbing Code the 1998 California Electrical Code, the 1998 California Mechanical Code, the 1997 Uniform Housing Code, the 1997 Uniform Code for the Abatement of Dangerous Buildings, and the 1997 Uniform Swimming Pool and Hot Tub Code with amendments to Titles 15 of the National City Zfuaicipal Code as submitted be adopted by the City Council. PASSED and ADOPTED this 4th day ofMay, 1999. ATTEST: KathlS. Trees Director ofBuilding and Safety APPRdVVED AS TO FORM: /All \kudolf Hradecky Senior Assistant City Attorney 2 City of National City, California COUNCIL AGENDA STATEMENT SECOND READING MEETING DATE Mav25, 1999 AGENDA ITEM NO. 14 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING CHAPTERS 1 THROUGH 6 AND SECTIONS 701.2 AND 701.3 OF THE UNIFORM HOUSING CODE, 1997 EDITION , AMENDING CERTAIN SECTIONS, AND AMENDING ORDINANCE NO. 96-2114 AND CHAPTER 15.16 OF THE NATIONAL CITY MUNICIPAL CODE. PREPARED BY Kathleen Trees, Acting Director DEPARTMENT Building and Safety EXPLANATION. Chapters 4, 5, and 6, and Sections 701.2 and 701.3 of this Uniform Housing Code are adopted by the State of California and incorporated into State Housing Law and State Housing Law Regulations. The proposed ordinance adopts those provisions as well as administrative provisions clarifying that the Building & Safety Director and the County Health Department are responsible for enforcement of State Housing Law and the Uniform Housing Code in National City. New in the Housing Code this cycle is the definition of "hot water." It has been changed from 110 degrees.to 120 degrees. The lower temperature was not hot enough for shaving, dish and clothes washing. Also, it is unlikely for anyone to be injured by 120-degree water. Environmental Review Financial Statement N/A X N/A Account No STAFF RECOMMENDATION Introduce the Ordinance. BOARD/COMMISSION RECOMMENDATION The Advisory and Appeals Board at its May 4, 1999 meeting recommended that the City Council adopt >the Uniform Housing Code with amendments to the administrative requirements. ATTACHMENTS (Listed Below) Resolution No. Advisory and Appeals Board Resolution 99-2 Ordinance ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, ADOPTING CHAPTERS 1 THROUGH 6 AND SECTIONS 701.2 AND 701.3 OF THE UNIFORM HOUSING CODE, 1997 EDITION, AMENDING CERTAIN. SECTIONS, AND AMENDING ORDINANCE NO. 96-2114 AND CHAPTER 15.16 OF THE NATIONAL CITY MUNICIPAL CODE BE IT ORDAINED by the City Council of the City of National. City as follows: Section 1. The City Council of the City of National City hereby adopts Chapters 1- 6 and Sections 701.2 and 701.3 of the Uniform Housing Code, 1997 Edition, as published by the International Conference of Building Officials. Section 2. The City Council of the City of National City hereby amends and deletes certain sections of the Uniform Housing Code, 1997 Edition and amends Ordinance No. 96- 2114 and Chapter 15.16 of the National City Municipal Code, to read: CHAPTER 15.16 UNIFORM HOUSING CODE Sections: 15.16.005 Uniform Housing Code (1997 Edition) adopted 15.16.010 Section 201.1 "Authority" —amended 15.16.015 Section 201.2 "Right of Entry" —amended 15.16.020 Section 202 "Administration and Enforcement" —amended 15.16.025 Section 203 "Rousing Advisory and Appeals Board" —amended 15.16.030 Section 204 "Violations" —amended 15.16.035 Section 304 "Annual Housing Permit" —added _ 15.16.040 Section 305 "Fee Schedule" —added 15.16.045 Section 306 "Permit Suspension or Revocation" —added 15.16.050 Section 401 "Definition —Health Officer" —amended 15.16.055 Section 401 "Definition —Apartment, Hotel and Lodging House" — amended 15.16.005 Uniform Housine Code (1997 Edition) adopted. There is adopted by the City Council, for the purpose of prescribing regulations governing hazards to life and property from substandard housing conditions, Chapters 1-6 and Sections 701.2 and 701.3 of that certain code known as the Uniform Housing Code, as copyrighted by the International Conference of Building Officials, being particularly the 1997 Edition, save and except such portions as are hereinafter deleted, added, modified or amended, of which code one copy has been and is now filed in the office of the Director of Building and Safety; and the same is adopted and incorporated as fully as if set out at length herein, and from the date on which the ordinance codified in this chapter takes effect, the provisions thereof %hail be controlling within the limits of the city. 15.16.010 Section 201.1 "Authority" —amended. Section 201.1 of the Uniform Housing Code is amended to read: 201.1 Authority. The Director of Building & Safety is hereby authorized and directed to enforce all of the provisions of this code and Stare Housing Law as contained in Part 1.5 of Division 13 of the f alifornia Health and Safety Code. The San Diego County Health Department is designated as the agency responsible for issuing housing permits, collecting fees therefor, and malting all housing inspections pursuant to this code and the agreement between the City of National City and the San Diego County Health Department for health inspection services including enforcement of State Housing Law as contained in Part 1.5 of Division 13 of the ('alifornia Health and Safety Code. 15,16.015 Section 201.2 "Right of Entry" —amended. Section 201.2 of the Uniform Housing Code is amended to read: 201.2 Right of Entry. When necessary to make an inspection to enforce any of the provisions of this code or reasonable ran%P to believe that there exists in any building or upon any premises any condition or code violation which make such building or premises unsafe, dangerous or hazardous, the Building Official, San Diego County Health Department and/or their authorized representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.16.020 Section 202 "Administration and Enforcement" —amended. Sermon 202 is amended to read: 202. Administration and Enforcement. The - administration and enforcement procedures specified in State Housing Law contained in Part 1.5 of Division 13 of the California Health and Safety Code, and as further specified in Stare Housing Law Regulations contained in Subchapter 1 of Chapter 1 of Division 1 of Title 25 of the ralifornia Code of -Regulations, %hail governed the administration and enforcement of this code and State Housing Law. 2 Sw.* cod. ordin.ses 15.16.025 Section 203 "Housing Advisory and Appeals Board" —amended. Section 203 of the Uniform Housing Code is amended to read: 203. Housing Advisory and Appeals Board. The Advisory and Appeals Board is established by City Ordinance No. 1834 adopted October 9, 1984. The Board shall have the jurisdiction to review the items enumeratedin Chapter 15.04 of the National City Municipal Code. Appeal procedures shall be as set forth in Section 15.04.060 and 15.0.4.070 of the National City Municipal Code. 15.16.030 Section 204 "Violations" —amended. Section 204 of the Uniform Housing Code is amended to read: 204. Violations. Violation of any provisions of this code shall be punishable as specified in Health & Safety Code Section 17995. 15.16.035 Section 304 "Annual Housing Permit" —added. Section 304 of the Uniform Housing Code is amended to read: 304. Annual Housing Permit. (a) It shall be unlawful for any person, firm, partnership, or corporation to own or operate an apartment house, hotel, or lodging house as defined in Chapter 4 of this code without first obtaining an Annual Housing Permit therefor. (b) The Annual Housing Permit required by this section shall be pro- rated on a quarterly basis and shall expire by limitation on December 31st of the year in which it is issued. The Annual Housing Permit sh211 not be transferable from one establishment to another; however, the permittee for an Annual Housing Permit may be changed without charge upon notification to the San Diego County Health Department. 15.16.040 Section 305 "Fee Schedule" —added. Housing Code is amended to read: 305. Fee Schedule. (a) All fees for housing -permits and housing permit inspections shall be as set forth in National City Municipal Code Section 9.02.010_ - (b) Housing Permit Fee. Annual Housing Permit fees shall be billed and collected by the San Diego County Health Department. Section 305 of the Uniform 15.16.045 Section 306 "Permit Suspension or Revocation" —added. Section 306 is added to the Uniform Housing Code to read: 306. Permit Suspension Or Revocation. Whenever it is found that any apartment house or hotel is not being conducted in conformity with the provisions of this code, the Annual Housing Permit to operate same shall be 3 Housing code Ordinance subject to suspension or revocation by the San Diego County Health Department. 15.16.050 Section 401 "Definitions —Health Officer" —amended. Section 401 of the Uniform Housing Code is amended by adding the following definition for health officer to read: 401. Definitions —Health Officer. Health Officer as defined herein aha11 be the County Health Officer and his or her designates. 15.16.055 Section 401 "Definitions —Apartment. Hotel and Lodging House" — amended. Section 401 of the Uniform Housing Code is amended by adding the following definition for apartment, hotel, and lodging house to read: 401. Definitions —Apartment, Hotel and Lodging House. Apartment, Hotel, and Lodging House shall be defined as enumerated in the latest edition of the Uniform Building Code. PASSED and ADOPTED this day of , 1999. ATTEST: Michael Dalla City Cleric APPROVED AS TO FORM: e George, George H. Waters, Mayor 4 Hassid( can. oath..... City of National City, California COUNCIL AGENDA STATEMENT SECOND RENDING 15 MEETING DATE May 25,1999 AGENDA ITEM NO ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE CALIFORNIA MECHANICAL CODE , 1998 EDITION; ADOPTING APPENDIX A, B AND C OF SAID CODE, AND AMENDING ORDINANCE NO. 96-2113 AND CHAPTER 15.14 OF THE NATIONAL CITY MUNICIPAL CODE. PREPARED BY »>� EPARTMENT Kathleen Trees, Acting Director Building and Safety EXPLANATION. State law requires that the City of National City adopt the California Mechanical Code and limit technical amendments to those needed due to local topographical, geographical, or climatic conditions. Specific findings regarding the local technical amendments must be made by the local jurisdiction and filed with the Department of Housing and Community Development. State law does not restrict local amendments to the administrative provisions of the codes. The proposed amendments address permit expiration and renewal and are administrative in nature. These amendments remain the same as in the past. The majority of code changes made wereeditorial in the 1998 California Mechanical Code (C.M.C.). The changes were necessary to clean up the inconsistencies created by the common code format. No substantial technical code changes are incorporated into the 1998 C.M.C. Environmental Review Financial Statement N/A Account No S AFF RECOMMENDATION Introduce the Ordinance. BOARD/CO-MMISSION RECOMMENDATION _ The Advisory and Appeals Board at its May 4, 1999 meeting recommended that the City Council adopt the California Mechanical Code with amendments to the administrative requirements. ATTACHMENTS (Listed Below) Advisory and Appeals Board Resolution 99-2 Ordinance Resolution No ._: follows: ORDINANCE NO. AN ORDINANCE OF 1'Hiv CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE CALIFORNIA MECHANICAL CODE, 1998 EDITION, ADOPTING APPENDIX A, B AND C OF SAID CODE, AND AMENDING ORDINANCE NO. 96-2113 AND CHAPTER 15.14 OF THE NATIONAL CITY MUNICIPAL CODE BE IT ORDAINED by the City Council of the City of National City as Section 1. The City Council of the City of National City hereby • adopts the California Mechanical Code, 1998 Edition, and adopts Appendix A, B and C of said Code. Section 2. The City Council of the City of National City hereby amends and deletes certain sections of the California Mechanical Code, 1998 Edition, and amends, Ordinance No. 96.2113 and Chapter 15.14 of the National City Municipal Code to read: Sections: 15.14.005 15.14.010 15.14.015 15.14.020 15.14.025 15.14.030 15.14.035 15.14.040 15.14.045 15.14.050 CHAYiJR 15.14 CALIFORNIA MECHANICAL CODE California Mechanical Code (1998 Edition) adopted Section 108.3 "Right of Entry" —amended Section 110.0 "Board of Appeals" —amended Section 111.0 "Violations" —amended Section 114.4 "Expiration" —amended Section 114.6 "Permit Denial" —added Section 115.2 "Mechanical Permit Fees" —amended Section 115.3 "Plan Review Fees" —amended Section 116.6.6.3 "Reinspections"—amended Table No. 1-1 "Mechanical Permit Fees" —not adopted 15.14.005 California Mechanical Code (1998 Edition) adopted. There is adopted by the city council, for the purpose of prescribing regulations governing the insn and maintenance of heating, ventilating, comfort cooling, and refrigeration systdmswothin the limits of the city, and providing for the issuance of permits therefor, that certain document known as the California Mechanical Code and Appendix A, B and C thereof, las copyrighted by the International Conference of Building Officials and the California Building Standards Commission, being particularly the 1998 Edition thereof, save and except such portions as are deleted, modified or amended in this chapter, of which code one copy has been and is now filed in the office of the Director of Building and Safety; and the same is adopted and incorporated as if fully set out at length in this chapter, and from the date on which the ordinance codified takes effect, the provisions thereof shall be controlling within the city limits. 15.14.010 Section 108.3 "Right of Entry" —amended. Section 108.3 of the California Mechanical Code is amended to read: 108.3. Right of Entry. When ncv'pcary to make an inspection to enforce any of the provisions of this code or when reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official, San Diego County Health Department and/or their authorized representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.14.015 Section 110.0 "Board of Appeals" —amended. California Mechanical Code is amended to read: Section 110.0 of the 110.0. Board of Appeals. The Advisory and Appeals Board is established by City Ordinance No. 1834 adopted October 9, 1984. The Board shall have jurisdiction to review the items as enumerated in Chapter 15.04 of the National City Municipal Code. 15.14.020 Section 111.0 "Violations" —amended. Section 111.0 of the California Mechanical Code is amended to read: 111.0. Violations. Violation of any provisions of this code chart be punishable as a misdemeanor and chair carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.14.025 Section 114.4 "Expiration" —amended. Section 114.4 of the California Mechanical Code is amended to read: 114.4 Expiration. Every permit issued by the building official under the provisions of this code chail expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of 6 calendar months, or if the building or work authorized by such permit exceeds 3 calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the building official within six calendar months of the date of permit issuance. Work ch211 be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the building official within each 6 2 at...i_.i.._l Code O diD.ms month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits where work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issii rare date; (C) The same edition of,the (alifotnia codes are in effect as used in the initial plan check; (D) A fee equal to one-half the amount required for a new permit is paid. (E) The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the ralifornia codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one- half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one -quarter the amount required for a new permit shall be paid. (D) A renewal permit shall expire three calendar years from the date of initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: _ (A) Construction in reliance upon the building permit has commenced and has been approved; (B) No changes have been made or will be made in the original plans and specifications for such work; 3 Mechanical Code Ordinance (C) A fee equal to the full amount required for a new permit is paid, except that where the building official determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in accordance with this subsection shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of (A), (B), and (C) as stated in this subsection are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons they are unable to continue work within the time required by this section. The building official may extend the time for action by the permitter for a period not exceeding 6 calendar months upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken No permit shall be extended more than once. 15.14.030 Section 114.6 "Permit Denial" —added. Section 114.6 of the California Mechanical Code is added to read: 114.6 Permit Denial. The Building Official may deny the issuance of a building permit on any property where there exists an nncafe or a substandard building as provided in Chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. 15.14.035 Section 115.2 Mechanical Permit Fees —amended. Section 115.2 of the ('alifornia Mechanical Code is amended to read: 115.2 Mechanical Permit Fees. The fee for each permit char! be as set forth in the National City Fee Schedule adopted by the City Council. 15.14.040 Section 115.3 "Plan Review Fees —amended. Section 115.3 of -the f alifornia Mechanical Code is amended to read: 115.3. Plan Review Fees. When a plan or other data are required to be submitted by Section 113.2, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for Mechanical work shall be as set forth in the National City Fee Schedule. When. plans are incomplete or changed so as to require an additional plan review fee, the fee shall be as per the Fee Resolution. 4 .._a._...l Cade Ordinance 15.14.045 Section 116.6-6.3 "Reinspections"—amended. Section 116.6 of the California Mechanical Code is amended to read: 116.6.6.3. Reinspections. To obtain a reinspection, the pennittee shall file an application therefor in writing upon a form provided for that purpose and shall pay the reinspection fee as set forth in the National City Fee Schedule. 15.14.050 Table No. 1-1 "Mechanical Permit Fees" —not adopted. Table No. 1-1 Mechanical Permit Fees is not adopted. PASSED and ADOPTED this day of , 1999. ATTEST: Mirhapi Dana City Clerk APPROVED AS TO FORM: /-- iD I..: . George H. Eiser, III City Attorney 5 George H. Waters, Mayor M.eh.oe.► cod. Oria..e. RESOLUTION 99-2 A RESOLUTION OF tat, ADVISORY AND APPEALS BOARD OF 1111.. CITY OF NATIONAL CITY RECOMMENDING ADOPTION BY CITY COUNCIL OF VOLUMES L II OF THE 1998 EDITION OF 1'HL CALIFORNIA BUILDING CODE, nth, 1998 CALIFORNIA PLUMBING CODE, ME 1998 CALIFORNIA ELECTRICAL CODE, LEM 1998 CALIFORNIA MECHANICAL CODE, 1'13E 1997 UNIFORM HOUSING CODE, DIE 1997 UNIFORM CODE FOR Mt ABATEMENT OF DANGEROUS BUILDINGS, 1'HE 1997 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE AND CERTAIN AMENDMENTS TO TITLE 15 OF THE. NATIONAL CITY MUNICIPAL CODE WHEREAS, the Advisory and Appeals Board of the City of National City at its meeting of May 4, 1999, after proper notification, conducted a hearing to consider the recommended amendments to Volumes I and II of the 1998 Edition of the Califnornia Building Code, the 1998 California Plumbing Code, the 1998 California Mechanical Code, the 1997 Uniform Housing Code, the 1997 Uniform Code for the Abatement of Dangerous Buildings, the 1998 California Electrical Code, and Title 15 of the National City Municipal Code, which are utilized by the Building and Safety Department; and WHEREAS, the administrative amendments are necessary to facilitate the administration and enforcement of the codes and to assure compatibility with other codes and ordinances of the City; and WHEREAS, after review and discussion, the Board determined that the amendments submitted be approved and forwarded to the City Council with a recommendation for adoption by the City Council. NOW, THEREFORE, BE IT RESOLVED that the Advisory and Appeals Board recommends that Volumes I and II of the 1998 California Building Code, the 1998 California Plumbing Code, the 1998 California Electrical Code, the 1998 California Mechanical Code, the 1997 _Uniform Housing Code, the 1997 Uniform Code for the Abatement of Dangerous Buildings, and the 1997 Uniform Swimming Pool and Hot Tub Code with amendments to Titles 15 of the National City Municipal Code as submitted be adopted by the City Council. PASSED and ADOPTED this 4th day ofMay, 1999. ATTEST: Kathi= S. Trees Director ofBuilding and Safety APPRO AS TO FORM ',G:::1-44,11 A *doff Hradecky Senior Assistant City Attorney 2 City of National City, California COUNCIL AGENDA STATEMENT SECOND READING MEETING DATE May25, 1999 16 AGENDA ITEM NO AN UKUINANC,r. Ur I Ht. C.11 Y LUUN(,1L or 111r. LII Y Ur NA11ONAL LII Y AllOr LING lilt' /dintio 1XfELECTRICAL CODE, 1998, EDITION AND THE UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODE, 1996 EDITION, AS AMENDED, ESTABLISHING REQUIREMENTS, RULES AND STANDARDS FOR ELECTRICAL INSTALLATIONS AND MATERIALS WITHIN THE CITY, AND AMENDING ORDINANCE NO. 96-2117 AND CHAPTER 15.24 OF THE NATAL Building and Safety EXPLANATION. State law requires that the City of National City adopt the California Electrical Code and limit technical amendments to those needed due to local topographical, geographical, or climatic conditions. Specific findings regarding the Iocal technical amendments must be made by the local jurisdiction and filed with the Department of Housing and Community Development. State law does not restrict local amendments to the administrative provisions of the codes. All proposed amendments to the California Electrical Code are administrative in nature. The attached staff report addresses some of the more significant changes found in the 1998 California EIectrical Code. 2 nvironmental Review _N/A Financial Statement N/A STAFF RECOMMENDATION Introduce the Ordinance. Account No BOARD/COMMISSION RECOMMENDATION The Advisory and Appeals Board at its May 4, 1999 meeting recommended that the City Council adopt the California Electrical Code with amendments to the administrative requirements. ATTACHMENTS (Listed Below) Staff report Advisory and Appeals Board Resolution 99-2 'Ordinance Resolution No ....: 'te. nie71 1998 CALIFORNIA ELECTRICAL CODE The 1998 California Electrical Code (C.E.C.) contains new requirements pertaining to the location and types of circuits. In dwelling unit kitchens all countertop outlets must now be GFCI protected. Previously, only the ones within 6' of the sink had this requirement. Along these same lines the two kitchen small appliance branch circuits are limited to supplying wall and counter space. There is an exception allowing them to also supply clocks and gas appliances: Outdoor receptacles will no longer be permitted to be supplied by these branch circuits. Motor loads such as disposals are no longer allowed on the kitchen branch circuit. In the bathrooms the outlets must be supplied by at least one 20-amp circuit. This circuit must not have other outlets or the lights connected to it. This change addresses the loads put on the receptacles in bathrooms which typically include hair dryers and other high -wattage loads. The proposed amendments regarding permit expiration and renewal reflect similar amendments approved previously by the Advisory and Appeals Board and have worked well in National City. The amendments include reference to National City Municipal Code requirements pertaining to notices and orders and appeals. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, ADOPTING THE CALIFORNIA ELECTRICAL CODE, 1998 EDITION, AND THE UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ET.FCTRICAL CODE, 1996 EDITION, AS AMENDED, ESTABLISHING REQUIREMENTS, RULES AND STANDARDS FOR ELECTRICAL INSTALLATIONS AND MATERIALS, WITHIN THE CITY AND AMENDING ORDINANCE NO. 96-2117 AND CHAPTER 15.24 OF uii NATIONAL CITY MUNICIPAL CODE BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. The City Council of the City of National City hereby adopts the California Electrical Code, 1998 Edition, and the Uniform Administrative Code Provisions for the National Electrical Code, 1996 Edition. Section 2. The City Council of the City of National City hereby amends and deletes certain sections, and adds sections to the California Electrical Code, 1998 Edition, and the Uniform Administrative Code Provisions for the National Electrical Code, 1996 Edition, and amends Ordinance No. 96-2117 and Chapter 15.24 of the National City Munical Code, to read as follows: CHAPTER 15.24 CALIFORNIA ELECTRICAL COD Sections: 15.24.005 California Electrical Code (1998 Edition) and the Uniform Administrative Code Provisions (1996) Edition adopted 15.24.010 Title - 15.24.015 Section 201(c) "Right of Entry" —amended 15.24.020 Section 202 "Unsafe Electrical Systems or Equipment" —amended 15.24.025 Section 203 "Advisory and Appeals Board" —amended 15.24.030 Section 204 "Violations" —amended 15.24.035 Section 303(d) "Permit Issuance" —amended 15.24.040 Section 15.24.040 "Permit Denial" —amended 15.24.045 Section 304(a) "Permit Fees" —amended 15.24.050 Section 304(b) "Plan Review Fees" —amended 15.24.005 California Electrical Code (1998 Edition) and the Uniform Administrative Code Provisions (1996 Edition) adopted. There is adopted by the city council, for the purpose of prescribing regulations governing the installation, repair, operation, and maintenance of all electric wiring and electrical apparatus within the city, that certain code known as the California Electrical Code (1998 Edition) and the Uniform Administrative Code Provisions for the California Electrical Code (1996 Edition), prepared by the National Fire Protection Association and published by the C'alifonda Building Standards Commission, and the whole thereof, save and except such portions as are hereinafter deleted, added, modified or amended, of which code one copy has been and is now filed in the office of the Director of Building and Safety; and the same is adopted and incorporated as fully as if set out at length herein, and from the date on which the ordinance codified in this chapter takes effect, the provisions thereof shall be controlling within the city limits. 15.24.010 Title. These regulations sh211 be known as the "Electrical Code', may be cited as such and will be referred to herein as "this code". 15.24.015 Section 201(c) "Right of Entry" —amended. Section 201 (c) of the Uniform Administrative Code Provisions for the California Electrical Code, 1996 Edition, is amended to read: 201(c) Right of entry. When nerPscary to make an inspection to enforce any of the provisions of this code or reasonable cause to believe that there exist in any building or upon any premises a condition or code violation which make such building or premises unsafe, dangerous or hazardous, the building official, San Diego County Health Department and/or their authorim-1 representatives may request entry as specified in Chapter 1.12 of the National City Municpa i Code. 15.24.020 Section 202 "Unsafe Electrical Systems or Equipment"—arnended. Section 202 of the Uniform Administrative Code Provisions for the California ElecTcl 1996 Edition, is amended by the addition of a second paragraph as follows: 202. Unsafe Electrical Systems or Equipment. No electric fence shall be construes, maintained or operated within the City of National City. Electrical fences as used herein, include all fences which in any way use electrical energy as an additional deterrent or have wires charged with electricity which are not covered with adequate insulation to protect persons and animals coming in contact therewith. 15.24.025 -Section 203 "Advisory and Appeals Board" —amended. Section 203 of the Uniform Administrative Code Provisions for the California Electrical Code, 1996 Edition is amended to read: 203. Advisory and Appeals Board. The Advisory and Appeals Board is established by City Ordinance No. 1834 adopted October 9, 1984. The 2 Board shall have the jurisdiction to review the items as enumerated in Section 15.04 of the National City Municipal Code. 15.24.030 Section 204 "Violations" --amended. Section 204 of the Uniform Administrative Code Provisions for the California Electrical Code, 1996 Edition, is hereby amended to read: 204. Violations. Violation of any provisions of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.24.035 Section 303(d) "Permit Issuance" —amended. Section 303 (d) of the Uniform Administrative Code Provision for the California Electrical Code, 1996 Edition, is hereby amended to read: 303(d). Permit Issuance. Expiration. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of 6 calendar months, or if the building or work authorized by such permit exceeds three (3) calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the building official within six calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the building official within each 6 month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits for which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; - C. The same edition of the California codes are in effect as used in the initial plan check; D. A fee equal to one-half the amount required for a new permit is paid. E. The renewal permit shall expire three calendar years from the date of initial permit issuance. 3 Electrical C. ordinance Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issue= date; C. A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one -quarter the amount required for a new permit ch211 be paid. D. A renewal permit chair expire three (3) calendar years from the date of initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: A. Construction in reliance upon the building permit has commenced and has been approved; B. No changes have been made or will be made in the original plans and specifications for such worm C. A fee equal to the full amount required for a new permit is paid, exce that where the building official determines that construction has progressed o the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in accordance with tins subsection shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of (A), (B), and (C) as stated in this subsection are met. 4. Extension of an unexpired permit. For an extension of as unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons the permittee is unable to continue work within the time required by this section. The building official may extend the time for action by the permitter for a period not exceeding 6 calendar months upon written request by the permittee showing that circumstances beyond the control of the permitter have prevented action from being taken. No permit shall be extended more thaw once. 4 spa cm. Orciisrams 15.24.040 Section 303 "Permit Denial"—amende4. Section 303 of the Uniform Administrative Code Provisions for the California Electrical Code, 1996 Edition, is hereby amended by addition of the following: 303(f). Permit Denial. The Building Official may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in Chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction or a violation of the National City Municipal Code. 15.24.045 Section 304(a) "Permit Fees" —amended. Section 304 (a) of the Uniform Administrative Code Provisions for the California Electrical Code, 1996 Edition, is amended to read: 304(a). Permit Fees. The fees for each electrical permit ch211 be as set forth in the National City Fee Schedule adopted by the City Council. 15.24.050 Section 304(b) Plan Review Fees —amended. Section 304(b) of the Uniform Administrative Code Provision for the California Electrical Code, 1996 Edition, is amended to read: 304(b). Plan Review Fees. When submittal documents are required by Subsection (b) of Section 302, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. The plan review fee shall be as set forth in the National City Fee Schedule adopted by the City Council. PASSED and ADOPTED this day of , 1999. ATTEST: Michael Dada, City Clerk APPROVED AS TO FORM: HGeor a .Fier III City Attorney y George H. Waters, Mayor 5 Electrical Cade Ordinaries RESOLUTION 99-2 A RESOLUTION OF i H N: ADVISORY AND APPEALS BOARD OF 11:1E CITY OF NATIONAL CITY RECOMMENDING ADOPTION BY 1.ELL CITY COUNCIL OF VOLUMES I, II OF 1'HL 1998 EDITION OF UHL CALIFORNIA BUILDING CODE, tat. t. 1998 CALIFORNIA PLUMBING CODE, i±LE 1998 CALIFORNIA ELECTRICAL CODE. i ak. 1998 CALIFORNIA MECHANICAL CODE, 1111. 1997 UNIFORM HOUSING CODE, 1'HE 1997 UNIFORM CODE FOR 111.1., ABATEMENT OF DANGEROUS BUILDINGS, tak, 1997 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE AND CERTAIN AMENDMENTS TO TITLE 15 OF TILL NATIONAL CITY MUNICIPAL CODE WHEEr' -kS, the Advisory and Appeals Board of the City of National City at its meeting of May 4, 1999, after proper notification, conducted a hearing to consider the recommended amendments to Volumes I and II of the 1998 Edition of the Califnornia Building Code, the 1998 California Plnrrmi-ing Code, the 1998 California Mechanical Code, the 1997 Uniform Housing Code, the 1997 Uniform Code for the Abatement of Dangerous Buildings, the 1998 California Electrical Code, and Title 15 of the National City Municipal Code, which are utilized by the Building and Safety Department; and WHEREras, the administrative amendments are necessary to facilitate the administration and enforcement of the codes and to assure compatibility with other codes and ordinances of the City; and �VIr�S, after review and discussion, the Board determined that the amendments submitted be approved and forwarded to the City Council with a recommendation for adoption by the City Council_ NOW, Tr BEFORE, BE IT RESOLVED that the Advisory and Appeals -Board recommends rhar Volumes I and II of the 1998 California Building Code, the 1998 California Plumbing Code, the 1998 California Electrical Code, the 1998 California Mechanical Code, the 1997 Uniform lousing Code, the 1997 Uniform Code for the Abatement of Dangerous Buildings, and the 1997 Uniform Swimming Pool and Hot Tub Code with amendments to Tides 15 of the National City Municipal Code as submitted be adopted by the City Council. PASSED and ADOPTED this 4th day of May, 1999. ATTEST: Kathlden S. Trers Director ofBuilding and Safety APPROVED AS TO FORM: 11 r \P4idolf Erader ty Senior Assistant City Attorney 2 City of National City, California COUNCIL AGENDA STATEMENT SECOND READING MEETING DATE May 25,1999 AGENDA ITEM NO. 17 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1997 EDITION , AND AMENDING ORDINANCE NO. 96-2116 AND CHAPTER 15.22 OF THE NATIONAL CITY MUNICIPAL CODE. PREPARED BY Kathleen Treds,`Acting Director YAD PARTMEN EXPLANATION. The State of California does not adopt this code and accordingly, there are no limitations on local amendments. There are no substantial changes to the 1997 Uniform Swimming Pool, Spa and Hot Tub Code. The proposed administrative amendments to the code are designed to bring the code into conformance with the administrative provisions of other model codes adopted by the City of National City as well as the administrative provisions of the National City Municipal Code. The barrier requirements are again modified to comply with the state standards. Building and Safety Environmental Review Financial Statement N/A X N/A Account No. STAFF RECOMMENDATION Introduce the Ordinance. BOARD/COMMISSION RECOMMENDATION The Advisory and Appeals Board at its May 4, 1999 meeting recommended that the City Council adopt the Uniform Swimming Pool, Spa and Hot Tub Code with amendments. ATTACHMENTS (Listed Below) Advisory and Appeals Board Resolution 99-2 Ordinance Resolution No •.:CO (Re. ero..1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1997 EDITION, AND AMENDING ORDINANCE 96-2116 AND CHAPTER 15.22 TO THE NATIONAL CITY MUNICIPAL CODE RELATING TO SWIMMING POOLS, SPAS AND HOT TUBS BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. The City Council of the City of National City hereby adopts the Uniform Swimming Pool, Spa and Hot Tub Code, 1997 Edition. Section 2. The City Council of the City of National City hereby amends certain Sections of the Uniform Swimming Pool, Spa and Hot Tub Code, 1997 Edition and amends Ordinance 96-2116 and Chapter 15.22 of the National City Municipal Code as follows: Chapter 15.22 UNIFORM SWIMM NG POOL. SPA. AND HOT TUB CODE Sections: 15.22.005 Uniform Swimming Pool, Spa and Hot Tub Code (1997 Edition) adopted - 15.22.010 Section 104 "Administrative Authority" -amended 15.22.015 ` Section 105 "Duties and Powers of the Administrative Authority" -amended 15.22.020 Section-106 "Violations and Penalties" -amended 15.22.025 Section 107 "Permit Required" -amended 15.22.030 Section -110 "Fees" -amended 15.22.035 Section 117 "Board of Appeals" -amended 15.22.040 Section 202 "Definitions" -amended 15.22.045 Section 320 "Barrier Protection Required" -added 15.22.005 Uniform Swimming Pool. Spa and Hot Tub Code (1997 Edition) adopted. There is adopted by the City Council for the purpose of prescribing regulations governing the erection, installation, construction, enlargement, alteration, addition, repair, replacement, maintenance, and use or occupancy of any swimming pool, spa, or hot tub that certain code known as the Uniform Swimming Pool, Spa and Hot Tub Code as copyrighted by the International Association of Plumbing and Mechanical Officials, being particularly the 1997 Edition, save and except such portions as are hereinafter deleted, modified, or amended, of which one copy is now on file in the office of the Director of Building and Safety; and the same is adopted and incorporated as fully as if set out at length in this chapter and from the date on which the ordinance codified in the chapter takes effect, the provisions thereof gha1l be controlling within the limits of the city. 15.22.010 Section 104 "Administrative Authoritv"—amended. Section 104 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read: 104. Administrative Authority. The Director of Building and Safety is hereby designated as the Administrative Authority for the purposes of enforcement of this code. 15.22.015 Section 105 "Duties and Powers of the Administrative Authority" —amended. Section 105 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended by adding the following: 105. Duties and Powers of the Administrative Authority. The San Diego County Health Department and/or its authorized representatives are authorized to enforce this code in accordance with the terms of the agreement between the City of National City and the San Diego County Health Department. 15.22.020 Section 106 "Violations and Penalties" —amended. Section 106 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read: 106. Violations and Penalties. Violations of any provisions of this code ch211 be punishable as a misdemeanor and chair carry the penalties as prescribed in Chapter 1.20 of the National City Muniripat Code. The issuance or granting of a permit or approval of plans and specifications chap not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel -the provisions of this code shall be- valid, except insofar as the work or use that is authorized is lawful. The issuance or granting of a permit or approval of plans shall not prevent the Administrative Authority from thereafter requiting the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this code or of any other ordinance or from revoking any certificate of approval when issued in error. 2 s. I Poolcam. Oraa.m. Section 15.22.025 Section 107 "Permit Required" —amended. Section 107 of the Uniform Swimming Pool, Spa and Hot Tube Code is amended by adding the following subsection (d): 107. (d) Every permit issued by the administrative authority under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of 6 calendar months, or if the building or work authorized by such permit exceeds 3 calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the administrative authority within six calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the administrative authority within each 6 month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that• (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) The same edition of the model codes is in effect as used in the initial plan check; (D) A fee equal to one-half the amount required for a new permit is paid. - (E) The renewal permit shall expire three calendar years from the date of initial permit issuance. _ - - Where later editions of the model codes have been adopted than used in the initial plan check, such applications. for renewal shall be considered as a new plan check submittal. Accordingly, plans sin11 reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: 3 Swimming Pod Cods Oidio.aes (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) A fee equal to one-half the amount required for a new permit s paid, except that where construction has progressed and has approved to the point of requiring only a final inspection, a fee equal to one -quarter the ambunt required for a new permit shall is paid_ (D) A renewal permit shall expire three calendar years from the da of initial permit issuance. 3. Permits that have exceeded three years. Far pewits that have exceeded three years beyond the issuance dam.. a *euewe . permit may be obtained provided that: (A) Construction in reliance upon the building permit has commenced and has been approved; (B) No changes have been made or will be made in the adgiaal plans and specifications for such work; (C) A fee equal to the full amount required for a new ?aunt :s paid, except that where the building official determines that c.on has progressed to the point that a lesser fee is warranted, such less= be paid. The maximum life of a permit renewal in accordm= with this subsection shall be one calendar year from the date of real.. The permit may be renewed for each calendar year thereat. = ?rovided that all requirements of (A), (B), and (C) as stated in this subsn are me~ 4. Extension of an unexpired permit. For an P -= or'*+ of an unexpired permit, the permittee may apply for an ex=slon of the time within which work under that permit may be coati .tea good and satisfactory reasons they are unable to continue work wittiM. the time required by this chapter. The building official may end L time for action by the permittee for a period not excm4:-r3 6 iP^r-r months upon written request by the permittee showing that beyond the control of the permittee have prevented action uu,.i being taken No permit shall be extended more than once. (e)- The Building Official may deny the issuance of a building permit on any property where there exists an _unsafe or a son=n^=rd building as provided in Chapter 15.10 and 15.16 of the .7.craincal. C:-y Municipal Code, or where exists unlawful construction, or wasp exiss a violation of the National City Municipal Code. Section 15.22.030 Section 110 "Fees" -amended. Sca 110 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to re:.: 110. Fees. Every applicant for a permit to in-1 rove, alter, repair or replace or cause to be installed, removed. aite 4 se.someg + C oarsmen= repaired, or replaced any swimming pool, spa or hot tub; any swimming pool, spa or hot tub plumbing, gas or draining piping; or any swimming pool, spa, or hot tub heater, fixture, or water treating equipment in a building or premises shall first state in writing on the application for a permit provided for that purpose, the character of work proposed to be done. Such applicant shall pay at the time of making application, a plan check fee in accordance with the Fee Resolution adopted by the City Council. Upon approval of plans and specifications by the administrative authority, the applicant shall pay permit fees as set forth in the Fee Resolution adopted by the City Council. Any person who shall commence any swimming pool, spa, or hot tub work for which a permit is required by this code without having obtained a permit therefore, shall, if subsequently permitted to obtain a permit, pay an investigation fee equal to the permit fee provided, however, that this provision shall not apply to emergency work when it shall be demonstrated to the satisfaction of the Administrative Authority char such work was urgently necessary and that it was not practical to obtain a permit therefore, before the commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if such permit is not obtained within 3 working days of the completion of such emergency work, an investigation fee as herein provided shall be charged. Section 15.22.035 Section 117 "Board of Appeals" —amended. Section 117 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read: 117. Board of Appeals. The Advisory and Appeals Board is established by City Ordinance No. 1834 adopted October 9, 1984. The Board shall have jurisdiction to review the items as enumerated in Chapter 15.04 of the National City Municipal Code. Section 15.22.040 Section 202 "Definitions" —amended. Section 202 ofrthe Uniform Swimming Pool, Spa and Hot Tub Code is amended by the addition of the, following dennir ons: Above Ground/On Ground Pool - See definition of swimming pool. Barrier - is a fence, wall, building wall or a combination thereof, which completely surrounds the swimming pool and obstructs ser-ess to the swimming pool. Grade - is the underlying surface such as earth or a walking surface Hot Tub - See definition of swimming pool. Sra - See definition of swimming pool. 5 Swimming Poo& Cods oidio s Swimming Pool - is any structure intended for swimming or recreational bathing that contains water over 24 inches deep. TI�is includes in -ground, aboveground and on -ground swimming pools, hot tubs, and spas. Swimming Pool, Indoor - is any swimming pool which is totally contained within a structure and surrounded on all four sides by walls of said structure. Swimming Pool, Outdoor - is any swimming pool which is not an indoor pool as defined herein. Section 15.22.045 n 320 Barrier Proton Required" —added. Section 320 is added to the Uniform Swimming Pool, Spa and Hot Tub Code as follows: Section 320 Barrier Protection Required_ Outdoor swimming pools, including in -ground, aboveground, and on -mound pools, hot tubs, and spas cha11 be provided with a bather that chail comply with the following: 1. The top of the bather shall be at least 60 inches above grade measured on the side of the bather that faces away from the swimming pool and shall be constructed to withstand the forces specified in the Uniform Building Code. The maximum vertical clearance betwe= grade and the bottom of the bather shall be 4 inches measured to a hard surface such as concrete, or 2 inches to earth. This measurement shill be taken on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, such as an aboveground pool, the bather may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the bade: is mounted on top of the pool structure, the maximum ve`ticai ciearan= between the top of the pool structure and the bottom of the bather chm'vl be 4 inches. 2. Openings in the barrier shall not allow ra cca ge of a 4-inch diameter sphere. 3. Solid bathers that do not have openings. such as masonry or stone walls, shall not contain indentations or protrusions except fcr tooled masonry joints. 4. Where the bather is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members cha11 be looted on the swimming pool side of the fence. Spacing between vertical members shall not exceed 2 inches in width. Where there are decor dve cutouts within vertical members, spacing within the cutouts chall not exceed "' inches in width. 5. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 6 sing p cso. ordinance 45 inches or more, spacing between vertical members shall not exceed 4 inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 2 inches in width. 6. Maximum mesh size for chain link fences shall be a 2-inch square. The wire shall be not less than 11 1/2 gauge. 7. Where the bather is composed of diagonal members such as a lattice fence, the maximum opening formed by the diagonal members shall be no more than 2 inches square. 8. Access gates shall comply with the requirements of items 1 through 7 and shall be equipped to accommodate a locking device no less that 54 inches above grade. Pedestrian arrPss gates shall open outward away from the pool and shall be Self -closing with a self -latching device. Gates other than pedestrian arrpc- gates shall comply with the requirements of items 1 through 7 and shall be equipped with a locking device. 9. Where a wall of a dwelling serves as part of the barrier, doors with direct arr4ss to the pool through that wall shall be equipped with an, alarm that produces an audible warning when the door and its screen, if pret, are opened. The alarm shall sound continuously for a minimum of 30 seconds, within 7 seconds after the door and its screen, if present, are opened, and be capable of providing a sound pressure level of not less than 85 DBA when measured indoors at 10 feet. The alarm Shall automatically reset under all conditions. The alarm system shall be equipped with a manual means, such as a touch pad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation shall last for no more than 15 seconds. The deactivation switch shall be located at least 54 inches above the threshold of the door. Other means of protection, such as self -closing doors with self -latching devices approved by the building official, shall be acceptable so long as the deg of protection afforded is not less than the protection afforded by the alarm system described above. 10. Where an above -ground pool structure is used as a bather or where the bather is mounted on top of the pool structure, and the means of ar vas is a ladder or steps, then (1) the ladder or steps shall be capable of being secured, locked or removed to prevent arrQsl or, (2) the ladder or steps Shall be surrounded by a bather which meets the requirements of items 1 through 9. When the ladder or steps are secured, locked or removed. any opening created shall not allow the passage of a 4-inch diameter sphere. - - 11. Hot tubs and spas located outdoors and not exceeding 64 square feet may have rigid pool covers meeting American Society for Testing and Materials (ASTM) Standard F1346-91 equipped with a permanent locking and latching device in lieu of a required bather. 7 Sw.. mho; Pool Cod. Ordinance 12. Where unusual circumstances exist that make strict enforcement of (1) through (10) impractical, the administrative authority may grant modifications for individual cases pursuant to Section 106 of the Uniform Building Code. PASSED and ADOPTED this day of , 1999. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Ficer, III, City Attorney 8 George H. Waters, Mayor s.isoiog Pool cads o.drsonsn RESOLUTION 99-2 A RESOLUTION OF THr. ADVISORY AND APPEALS BOARD OF THE CITY OF NATIONAL CITY RECOMMENDING ADOPTION BY 1111, CITY COUNCIL OF VOLUMES I, II OF 11LP. 1998 EDITION OF 1Hr Car,WORNIA BUILDING CODE, 1HE 1998 CAT TFORNIA PLUMBING CODE, nit, 1998 CALIFORNIA ELECTRICAL CODE, Lai., 1998 CAT TFORNIA 1' ECBANICAL CODE, 1Hr. 1997 UNIFORM HOUSING CODE, 1997 UNIFORM CODE FOR lkth ABATEMENT OF DANGEROUS BUILDINGS, 11:IE 1997 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE AND CERTAIN AMENDMENTS TO TITLE 15 OF Hit, NATIONAL CITY MUNICIPAL CODE WI .EAS, the Advisory and Appeals Board of the City of National City at its meeting of May 4, 1999, after proper notification, conducted a hearing to consider the recommended amendments to Volumes I and II of the 1998 Edition of the Califrtornia Building Code, the 1998 California Plumbing Code, the 1998 California Mechanical Code, the 1997 Uniform Housing Code, the 1997 Uniform Code for the Abatement of Dangerous Buildings, the 1998 California Electrical Code, and Title 15 of the National City Municipal Code, which are utilized by the Building and Safety Department; and WHEREAS. the administrative amendments are necessary to facilitate the administration and enforceme= of the codes and to assure compatibility with other codes and ordinances of the City; and WHEREAS, after review and discussion, the Board determined that the amendments submitted be approved and forwarded to the City Council with a recommendation for adoption by the City Council.. NOW, THEREFORE,- BE IT RESOLVED that the Advisory and Appeals Board recommends rhar Volumes I and II of the 1998 California Building Code, the 1998 California Plumbing Codethe 1998 California Electrical Code, the 1998 California Mechanical Code, the 1997 Uniform Housing Code, the 1997 Uniform Code for the Abatement of Dangerous Buildings, and the 1997 Uniform Swimming Pool- and Hot Tub Code with amendments to Titles 15 of the National City 'Municipal Code as submitted be adopted by the City Council. PASSED and ADOPTED this 4th day ofMay, 1999. ATTEST: I{athl=a• S. Trees Director ofBuilding and Safety APPROVED AS TO FORM: n \Pudolf Hradecicy Senior Assistant City Attorney 2 SECOND READING City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 25,1999 AGENDA ITEM NO. la ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE CALIFORNIA PLL muim, LODE ,1998 EDITION, ESTABLISHING REGULATIONS FOR THE INSTALLATION, MAINTENANCE AND ALTERATION OF PLUMBING SYSTEMS. AMENDING CERTAIN SECTIONS OF THE CALIFORNIA PLUMBING CODE, AND AMENDING ORDINANCE NO 96-2115 AND CHAPTER 15.20 OF THE NATIONAL CITY MUNICIPAL CODE. PREPARED By Kathleen Trees, Acting Director Kr DEPARTMEN Building and Safety EXPLANATION. State law requires that the City of National City adopt the California Plumbing Code and limit technical amendments to those needed due to local topographical, geographical, or climatic conditions. Specific findings regarding the local technical amendments must be made by the local jurisdiction and filed with the Department of Housing and Community Development. State law does not restrict local amendments to the administrative provisions of the codes. Staff is recommending that the California Plumbing Code be adopted with minimal administrative revisions. The 1998 California Plumbing code has not changed significantly from the 1994 Uniform Plumbing Code. K Environmental Review Financial Statement N/A X N/A Account No $AFF RECOMMENDATION Introduce the Ordinance. BOARD/COMMISSION RECOMMENDATION The Advisory and Appeals Board at its May 4, 1999 meeting recommended that the City Council adopt the California Plumbing Code with amendments to the administrative requirements. ATTACHMENTZ (Listed Below) Resolution No Advisory and Appeals Board Resolution 99-2 Ordinance A4:0 ioe. °/801 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE CALIFORNIA PLUMBING CODE,1998 EDITION, ESTABLISHING REGULATIONS FOR fl N• INSTALLATION, MAINTENANCE AND ALTERATION OF PLUMBING SYSTEMS, AMENDING CERTAIN SECTIONS OF 11 l~. CALIFORNIA PLUMBING CODE, AND AMENDING ORDINANCE NO. 96-2115 AND CHAPTER 15.20 OF THE NATIONAL CITY MUNICIPAL CODE BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. The City Council of the City of National City hereby adopts the California Plumbing CniP, 1998 Edition, establishing regulations for the installation, maintenance and alteration of plumbing systems within the city. Section 2. The City Council of the City of National City hereby amends certain sections of the California Plumbing Code, 1998 Edition, and amends Ordinance No. 96-2115 and Chapter 15.20 of the National City Municipal Code, to read: Sections: 15.20.005 15.20.010 15.20.015 - 15.20.020 15.20.025 15.20.030 15.20.035 15.20.040 - 15.20.045 15.20.050 15.20.055 CHAPTER 15.20 CALIFORNIA PLUMBING CODE California Plumbing Code (1998 Edition) adopted Section 102.2.2 "Right of Entry" —amended Section 102.3.2 "Penalties" —amended Section 103.3.4 "Expiration" —amended Section 103.3.6 "Permit Denial" —amended Section 103.4.1 "Permit Fees" —amended Section 103.4.2 "Plan Review Fees" —amended Section 103.4.4.2 "Investigation Fees" —amended Section 103.5.6 "Reinspections"—amended Section 103.10 "Advisory and Appeals Board —added Table No. 1-1 "Plumbing Permit Fees" —not adopted 15.20.005 California Plumbing Code (1998 Edition) adopted. There is adopted by the City Council, for the purpose of prescribing regulations for the protection of the public health, welfare and safety, that certain code known as the California Plumbing Code (1998 Edition), all appendices thereto, and IAMPO Installation Standards as copyrighted by the International Association of Plumbing and Mechanical Officials, (save and except those portions as are hereinafter deleted, added, modified or amended by this chapter), of which code one copy has been and is now filed in the office of the Director of Building and Safety; and the same is adopted and incorporated as if fully set out at length herein, and from the date on which the ordinance codified in this chapter takes effect the provisions thereof shall be controlling within the limits of the city. 15.20.010 Section 102.2.2 "Right of Entry" —amended. Section 102.2.2 of the California Plumbing Code is amended to read: 102.2.2. Right of Entry. When necessary to make an inspection to enforce any of the provisions of this code or reasonable cause exists to believe that there exists in any building or upon any premises a condition or code violation which make such building or premises unsafe, dangerous or hazardous, the Building Official, San Diego County Health Department and/or their authorized representatives may request entry as specified in Chapter 1 12 of the National City Municipal Code. 15.20.015 Section 102.3.2 "Penalties" —amended. Section 102.3.2 of the California Plumbing Code is amended to read: 102.3.2. Penalties. Violation of any provision of this code shall be punishable as a misdemeanor and hats cagy the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.20, 020 Section 103.3.4 "Expiration" —amended. Section 103.3.4 of the California Plumbing Code is amended to read: 103.3.4. Expiration. Every permit issued by the administrative authority under the provisions of this code hall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period- of 6 calendar months, or if the building or work authorized by such permit exceeds 3 calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the administrative authority within six calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the administrative authority within each 6 month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained 2 rarda.s cod. Dodo.... 1. Permits where work has not commenced. For permits for which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) The same edition of the California codes are in effect as used in the initial plan check; (D) A fee equal to one-half the amount required for a new permit is paid. (E) The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal hail be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issnanrr. (late; (C) A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one -quarter the amount required for a new permit hall be paid. (D) A renewal permit shall expire three calendar years from the date of initial permit issuance. 3. - Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: (A) Construction in reliance upon the building permit has commenced and has been approved; (B) No changes have been made or will be made in the original plans and specifications for such work; (C) A fee equal to the full amount required for a new permit is paid, except that where the building official determines that construction has progressed to the point that a 1Pscer fee is warranted, such lesser fee shall be paid. 3 Plumoiseg cod. Ordinance The maximum life of a permit renewal in accordant--accordant-0 with this subsection shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of (A), (B), and (C) as stated in this subsection are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons the permittee is unable to continue work within the time required by this section. The administrative authority may extend the time for action by the permittee for a period not exceeding 6 calendar months upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken No permit shall be extended more than once. 15.20.025 Section 103.3.6 "Permit Denial" —amended. Section 103.3.6 of the California Plumbing Code is amended to read: 103.3.6. Permit Denial. The Building Official may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in Chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal CnetP. 15.20.030 Section 103.4.1 "Permit Fees" —amended. Section 103.4.1 of the California Plumbing Code is amended to read: 103.4.1. Permit Fees. The fee for each permit shall be as set forth in the National City Fee Schedule adopted by the City Council. 15.20.035 Section 103.4.2 "Plan Review Fees" —amended. Section 103.4.2 of the California Plumbing Code is amended to read: 103.4.2. Plan Review Fees. When a plan or -other data are required to be submitted by 103.2.2, a plan review fee shall be paid at the time of submitting plans and specifications for review. 'The plan review fees for plumbing work shall be as set forth in the National City Fee Schedule adopted by the City Council When plans are incomplete or changed so -as to require an additional plan review fee, the fee shall be as per the fee schedule. 15.20.040 Section 103.4.4.2 "Investigation Fees" —amended. Section 103.4.4.2 of the California Plumbing Code is amended to read: 103.4.4.2. Investigation Fees. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee that 4 Namibia( cud. 0:dia.... would be required by the National City Fee Schedule adopted by the City Council if a permit were to be issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the Code, nor from any penalty prescribed by law. 15.20.045 Section 103.5.6 "Reinspections"—amended. The fourth paragraph of Section 103.5.6 of the California Plumbing Code is amended to read:_ To obtain reinspection, the applicant shall file an application in writing upon a form furnished for that purpose and pay the reinspection fee as set forth in the National City Fee Schedule adopted by the City Council. 15.20.050 Section 103.10 "Advisory and Appeals Board" —added. Section 103.10 of the California Plumbing Code is added to read: 103.10. Advisory and Appeals Board. The Advisory and Appeals Board is established by City Ordinance No. 1834 adopted October 9, 1984. The Board shall have jurisdiction to review the items as enumerated in Chapter 15.04 of the National City Municipal Code. 15.20.055 Table No. 1-1 "Plumbing Permit Fees" —not adopted. Table No. 1-1 titled Plumbing Permit Fees is not adopted. PASSJ1) and ADOI'TEi) this day of , 1999. ATTEST: Michael Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 5 George H. Waters, Mayor P_ Cod. o.aie.ee. RESOLUTION 99-2 A RESOLUTION OF nit, ADVISORY AND APPEALS BOARD OF 1HL CITY OF NATIONAL CITY RECOMMENDING ADOPTION BY THE CITY COUNCIL OF VOLUMES L II OF 1'HL 1998 EDITION OF 1'HE CaT]FORNIA BUILDING CODE, 1Hr. 1998 CALIFORNIA PLUMBING CODE, [ilL 1998 CALIFORNIA ELECTRICAL CODE, 1H/. 1998 CALIFORNIA MECHANICAL CODE, rat. 1997 UNIFORM HOUSING CODE, tat. 1997 UNIFORM CODE FOR THL ABATEMENT OF DANGEROUS BUILDINGS, tar. 1997 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE AND CERTAIN AMENDMENTS TO TITLE 15 OF DIE NATIONAL CITY MUNICIPAL CODE WHEREAS, the Advisory and Appeals Board of the City of National City at its meeting of May 4, 1999, after proper notification, conducted a hearing to consider the recommended amendments to Volumes I and II of the 1998 Edition of the Califnornia Building Code, the 1998 California Plumbing Code, the 1998 California Mechanical Code, the 1997 Uniform Housing Code, the 1997 Uniform Code for the Abatement of Dangerous Buildings, the 1998 California Electrical Code, and Title 15 of the National City Municipal Code, which are utilized by the Building and Safety Department; and WHEREAS, the administrative amendments are necessary to facilitate the administration and enforcement of the codes and to assure compatibility with other codes and ordinances of the City; and \VF REA.S, after review and discussion, the Board determined that the amendments submitted be approved and forwarded to the City Council with a recommendation for adoption by the City Council. NOW, THEREFORE, BE IT RESOLVED that the- Advisory and Appeals Board recommends that Volumes I and II of the 1998 California Building Code, the 1998 California Plumbing Code, the 1998 California Electrical Code, the 1998 California Mechanical Code, the 1997 Uniform Housing Code, the 1997 Uniform Code for the Abatement of Dangerous Buildings, and the-1997 Uniform Swimming Pool and Hot Tub Code with amendments to Titles 15 of the National City Municipal Code as submitted be adopted by the City Coundil. PASSED and ADOPTED this 4th day ofMay, 1999. ATTEST: KathlS. Trees Director of Building and Safety APPROVED AS TO FORM: G-1 714 (' \l udolf•Hradecky Senior Assistant City Attorney 2 City of National City, California COUNCIL AGENDA STATEMENT SECOND READING MEETING DATE May 25,1999 AGENDA ITEM NO 19 1- ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE CALIFORNIA BUILDING CODE, 1998, APPENDIX CHAPTER 33, AMENDING ORDINANCE NO. 93-2054 AND CHAPTER 15.70 OF THE NATIONAL CITY MUNICIPAL CODE RELATING TO GRADING AND EXCAVATION. PREPARED BY Kathleen Trees, Acting Director DEPARTMENTBuilding and Safety EXPLANATION. Appendix Chapter 33 of the California Building Code, 1998 Edition is not adopted by the State. There are no limitations on local amendments. Staff is recommending the same amendments as in previous years. The 1998 edition of Appendix Chapter 33 has added a section to address liquefaction. This section requires a study to be completed if liquefaction is suspected. Environmental Review Financial Statement N/A X N/A Account No STAFF RECOMMENDATION Introduce the Ordinance. BOARD/COMMISSION RECOMMENDATION The Advisory and Appeals Board at its May 4, 1999 meeting recommended that the City Council adopt the California Building Code Appendix Chapter 33 with amendments. ATTACHMENTS (Listed Below) Advisory and Appeals Board Resolution 99-3 Ordinance Resolution No ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CTTY OF NATIONAL CITY ADOPTING lali CALIFORNIA BUILDING CODE 1998, APPENDIX CHAPTER 33, AMENDING ORDINANCE NO. 93-2054 AND CHAPTER 15.70 TO THE NATIONAL CTTY MUNICIPAL CODE RELATING TO GRADING AND EXCAVATION BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. The City Council of the City of National City hereby adopts the California Building Code, Appendix Chapter 33. Section 2. The City Council of the City of National City hereby amends Ordinance 93- 2054 and Title 15, Chapter 15.70, of the National City Municipal Code to read: Sections: 15.70.010 15.70.020 15.70.030 15.70.040 15.70.050 15.70.060 15.70.070 15.70.080 15.70.090 15.70.100 15.70.110 15.70.120 Chapter 15.70 GRADING Adoption of Appendix Chapter 33 of the 1998 California Building Code, as amended Section 3304 "Purpose" —amended Section 3305 "Scope" —amended Subsection 3306.02 "Exempted Work" —amended Section 3308 "Definitions" —amended Section 3309.4 and 3309.8 "Grading and Retaining Wall Permit Require- ments" —amended Section 3310 "Grading Fees" —amended Section 3315.6, 3315.7 and 3315.8 "Draining and Terracing" —added Section 3317.9 "Grading Inspection/Retaining Wall Inspection"— added Section 3318.2 "Completion of Work" —amended. Supplementary Section 3319 "Rough Grading Permit" —added Supplementary Section 3320 "Parking Lots" —added 15.70.010 Adoption of Appendix Chapter 33 of the 1998 California Building Code. as amended. There is hereby adopted by the City Council for the purpose of prescribing regulations governing the excavation and grading on private property, and the issuance of permits and providing for the inspection thereof; Appendix Chapter 33 of the 1998 California Building Code, Published by the International Conference of Building Officials, subject to the amendments and modifications set forth in this Chapter 15.70. (Also referred to as the "California Building Code") A copy of this adopted code is on file in the Office of the City Engineer. 15.70.020 Section 3304 Purpose" -amended. Section 3304 of the California Building Code is amended to read: 3304. Purpose. The purpose of this ordinance is to safeguard life, limb, property, and the public welfare by regulating grading and other earthwork activities, or by controlling existing fills and excavations, and the construction of retaining walls, drainage facilities on private property. 15.70.030 Section 3305 "Scope" -amended. The first paragraph of Section 3305 of the California Building Code is amended to read: 3305. Scope. This ordinance sets forth rules and regulations to control excavation, grading, drainage, earthwork construction, including fills and embankments, and retaining wall construction; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspection of grading and retaining wall construction. 15.70.040 Section 3306.2 "Exempted Work" -amended. A. The following amendment is made to Section 3306 2 of the California Building rnci, to amend item 6 to read: 6. Mining, quarrying, excavating, processing or zrnc-kpiiing of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property, excepting the dumping and stockpiling of dirt and rubble, which is strictly prohibited in National City. B. The following paragraph number 10 is added to Section 3306.2 of the California Building Code to read: 10. A retaining wall less than or equal to three (3) feet in he:ght measured from the top of the footing to the top of the wall, when no surcharge is present, the backfill is level, and when not an integral part of a building. However, the construction of the retaining wall chail comply with the Regional Standard Drawings. 15.70.050 Section 3308 "Definitions" -amended. The following shall be supplementary to, or modify certain definitions given in the California Building Code in Section 3308. All other definitions listed in the California Building Code chail remain applicable: APPROVAL - The term "approval" does not constitute =fr.:cat on of the project as a whole in terms of completeness, accuracy, design and construction standards, as shown on the plans. _ BUILDING OBF_rC1AL - Means the City Engineer. CIVII. ENGINEER - Is a professional engineer register in the state to practice in the field of civil works. He or she is the person dirty rsponsible for the project design, plan certification, and construction supervision.. DRAINAGE PI -AP{ - A plan which shows existing and proposed site drainage within a property that is to be developed or rough graded. The drainage plan chall be prepared by a Registered Civil Engineer, an Architect, or other 2 cna*r Casio oraia..o. qualified and licensed professionals, and shall comply with the standards and requirements of the City Engineer. If, for a given development, no grading is proposed, or the earthwork quantity involved in the grading is below the established limit of this ordinance, and for which a grading plan is not required, then as a minimum, a drainage plan shall be submitted for the development. GRADE - Means the vertical location of the ground surface, in relation to a National City benchmark elevation. RETAINING WALL PLAN - A plan prepared by a register Civil Engineer, an architect, or other qualified professional, which shows pertinent top and bottom of wall elevations and the wall profile, together with the existing and proposed ground elevations and profile at the wall. The plan shall be prepared in accordance with the requirements set forth by the City Engineer, and shall be subject to approval by the City Engineer. The plan shall be required for walls in excess of 3 feet in height, measured from the top of the footing, to the top of the wall, and for walls less than or equal. to 3 feet in height measured from the top of the footing, to the top of the wall, supporting a surcharge or a sloped bark -nil. The retaining walls shall be in accordance with the Regional Standard Drawings, and the Standard Specifications, or shall be specially engineered. 15,70.060 Sections 3309.4 and 3309.8 "Grading and Retaining Wall Permit Requirements" -amended and Sections 3309.10 and 3309.11 added. A. The first paragraph of Section 3309.4 of the California Building Code is amended to read: 3309.4. Grading and Retaining Wall Permit Requirements. Engineered Grading Requirements - Application for a grading permit shall be accompanied by a work schedule including details of the hauling operation, size of trucks, haul route, dust and debris control measures and time and ficquency of haul trips; four sets of plans and specifications; and two sets of supporting data consisting of a soils engineering report, engineering geology report (if necessary), drainage study, structural calculations, cost estimate, and other pertinent information as may be required by the City Engineer. B. The following subsection (8) is added to Section 3309.4 of the California Building Code, as additional information to be included on the plans: 8. All other relevant information listed in the plan checklists as developed by the City Engineer. C. Section 3309.8 of the California Building Code is amended to read: 3309.8 Regular Grading and Retaining Wall Construction Requirements. Each application for a grading or retaining wall permit shall be accompanied by four sets of plans and specifications, in sufficient clarity to indicate the nature and extent of the work, supporting data consisting of a soils engineering report, engineering geology report (if necessary), drainage study, structural calculations, cost estimate, and other pertinent information as required by the City Engineer. The plans shall give the location of the work, the name of the owner and the name of the person who 3 Grading cod. ordinance prepared the plans. The plans shall be prepared and signed by a registered Civil Engineer when required by the City Engineer, and shall include the following information: 1. General vicinity of the proposed site. 2. Limiting dimensions and depth of cut and fill. 3. Location of any buildings or structures where work is to be performed, and the location of any buildings or structures within 15 feet of the proposed grading. 4. All other relevant information listed in the plan checklists as developed by the City Engineer. D. The following subsections 3309.10 and 3309.11 are added to the California Building Code: 3309.10. License and Insurance - Prior to the issuance of a permit, the applicant or the applicant's contractor shall present to the City Engineer evidence of the following: I. Coverage of general liability insurance and worker's compensation in the amounts required by the City Engineer. Such insurance policy shall name the City of National City and its officers, agents and employees as additional insureds. II. City Business License, to be obtained from the City Revenue and Recovery Coordinator. M. Appropriate State Contractor License 3309.11. All grading, drainage, and retaining wall work done under this ordinance shall be in accordance with the approved plans and the conditions of the required permits. The work shall conform to the Standards of the City of National City, the County of San Diego Regional Standard Drawings (latest adopted edition), the Standard Specifications for Public Works Construction (latest adopted edition), and any other conditions as may be determined by the City Engineer to be applicable to the work. Deviations from the requirements of these standards may be permitted by the City Engineer, based upon written reports and recommmnr1a- dons by qualified authorities. 15.70.070 Section 3310 "Grading Fees" —amended. In lieu of the fee schedule outlined in the California Building Code, the plan review and permit fees shall be assessed in accordance with City Ordinance No. 1929 and the National City Fee Schedule. 15.70.080 Sections 3315.6. 3315.7 and 3315.8 "Drainase and Terracincr'—added. The following Sections 3315.6, 3315.7 and 3315.8 are added to the California Building Code to read: 3315.6 Surface Run-off Interception. Surface run-off from new landscaping areas shall be intercepted by and directed to approved drainage facilities 3315.7 Easements and Encumbrances. For all private water courses where the continuous functioning of the drainageway is essential to the protection and use of multiple properties, a covenant, a maintenance agreement and/or deed restriction shall be recorded by the applicant, placing the responsibility for the maintenance al 4 Grading Cad' Ordio.s. the drain ageway(s) on the owners of record of each respective lot affected. Permanent off -site drainage easements, as required by the City Engineer, shall be acquired by the applicant. Such easements shall be subject to approval by the City Engineer and recorded prior to issuance of the grading permit. 3315.8 Drainage Agreements. Surface runoff shall not be permitted to flow from one lot to another, unless proper drainage agreements between affected property owners are executed and submitted to the City Engineer. Such agreements shall be subject to approval by the City Engineer, and recorded prior to issuance of the grading permit. 15,70.090 Section 3317,9 "Grading_Inspection/Retaining Wail Inspection" —added. In addition to the conditions listed in Section 3317 of the California Building Code, the following is added as Section 3317.9 to read: 3317.9 - The permittee or his agent shall notify the City Engineer: (A) Initial inspection (preconstruction conference) - when he is ready to begin grading and not less than forty-eight (48) hours before any grading is to be commenced. The preconstruction meeting shall be attended by the owner of the property, the soils engineer and the engineering geologist (when necessary) the design engineer, the grading contractor, and the building and engineer inspectors. (B) Toe of fill inspection - After the natural ground is exposed and prepared to receive fill, but before any fill is placed. (C) Excavation Inspection - After excavation and plac meat is started, but before the vertical depth of the excavation exceeds 10 feet. (D) Fill. Inspection - After fill and plarPment is started, but before the vertical height of the lifts exceeds 10 feet. (E) Drainage Device Inspection - Before and after forms and reinforcement are in place, but before any concrete is placed (F) Rough Grading - Upon completion of all rough grading, including installation of all drainage structures and other protective devices, at least twenty- four hours before inspection is to be made. (G) Final Inspection - Upon completion and approval by the project Civil Engineer and Soils Engineer of all work shown on the plans and the permit including the installation of all drainage or other structures. In addition to the above. inspections for retaining walls shall be per the San Diego County Regional Standard Drawings or special Engineering. (j) _ Modification of approved plans - if changes are to be made in the approved plans during construction, the applicant, or his agent, shall submit an engineering change order to the inspector or to the City Engineer, for review and approval. 15.70.100 Section 3318.2 "Completion of Work" —amended. Subsection 3318.2 of the California Building Code is amended to read: 3318.2. Completion of Work. Final approval shall not be given, grading securities shall not be released, and a notice of completion or certificate of use and occupancy shall not be issued, until all work, including installation of all drainage 5 Grading code ordinance facilities and their protective devices, and all erosion -control measures have been completed in accordance with the final approved grading plan, and the required reports and the as -built plans have been submitted. 15,70,110 Supplementary Section 3319 "Rough Grading Permit"— added. Supplementary Section 3319 is added to the California Building Code, to read: 3319. Rough Grading Permit. When grading is to be performed on a property for which no prior site development plans have been approved, and on which no other construction is proposed, the applicant shall obtain special . approval of the City Engineer, as well as the Director of the PJanning Department for such grading. The rough -grading permit thus issued shall be subject to the special requirements of both the City Engineer and the Planning Director. 15.70.120 Supplementary Section 3320 "Parking Lots"— added. Supplementary Section 3320 is added to the California Building Code, to read: 3320. Parking Lots. Existing or new parting lots, which are exempted from the requirements of a grading permit, shall be paved or resurfaced in accordance with an approved drainage plan. PASSED and ADOPTED this day of 1999. ATTEST: M chaei R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 6 George H. Waters, Mayor oe.ains Cods Ordinance RESOLUTION 99-3 A RESOLUTION OF Lah ADVISORY AND APPEALS BOARD OF THE CITY OF NATIONAL CITY RECOMMENDING ADOPTION BY THE CITY COUNCIL OF APPENDIX CHAPTER 33 OF '1'1:1iv 1998 CALIFORNIA BUILDING CODE AND CERTAIN AMENDMENTS TO TITLE 15.70 OF THE NATIONAL CITY MUNICIPAL CODE WHEREAS, the Advisory and Appeals Board of the City ofNational City at its meeting of May 4, 1999, after proper notification, conducted a hearing to consider the recommended amendments to Appendix Chapter 33 of the 1998 California Building Code, and certain amendments to Title 15.70 of the National City Municipal Code, which are utilized by the Engineering Department; and WHEREAS, the technical amendments are necessary due to the uniqueness of the local climate, topography and geography; and WHEREAS, the administrative amendments are necessary to facilitate the administration and enforcement of the codes and to assure compatibility with other codes and ordinances of the City; and WHEREAS, after review and discussion, the Board determined that the amendments submitted be approved and forwarded to the City Council with a recommendation for adoption by the City Council. NOW, THEREFORE, BE IT RESOLVED that the Advisory and Appeals Board recommends approval of the code amendments as submitted, and that such amendments be adopted by the City Council. PASSED and ADOPTED the 4th day of May 1999. AT Myers_ City Engineer y Duke, Chairman APPRO TO FORM: dolph Hradeacy, Senior Assistant C(ty Attorney CIty of National City, California COUNCIL AGENDA STATEMENT Second Reading MEETING DATE M-ty 25,1Q44 AGENDA ITEM NO 20 ITEM TITLli AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, ADOPTING THE UNIFORM FIRE c uu trn tiltION. AND THE CALIFORNIA FIRE CODE. 1998 EDITION; VOLLUMES I AND II AND APPENDICES THERETO. PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE. HAZARDOUS MATERIALS OR EXPLOSION; PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS; . • title continued blow PREPARED BY. Donald Condon, Batt. Chi efpEpARTMENT Fire EXPLANATION Suite law requires that the City of National City adopt the California Fire Code and limit technical amendments to those needed due to local topographical, geographical, or climatic conditions. Specific findings regarding the local technical amendments must be made by the local jurisdiction and filed with the Department of Housing and Community Development. State law does not restrict local amendments to the administrative provisions of the codes. Staff is recommending that the California Fire Code be adopted with minimal revision. The attached staff report addresses some of the more significant changes found in the 1998 California Fire Code. *ordinance title continued AND ESiABLISHLNG A CONLMUNITY RISK MANAGEMENT GROUP AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES. REPEALING ORDINANCE NO. 96-2118 AND ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCE LN CONFLICT THEREWITH; AND AMENDING CHAPTER 15.28 OF THE NATIONAL CITY MUNICIPAL CODE. 1 7- Environmental Review Financial Statement N/A_ X N/A Account No STAFF RECOMMENDATION Introduce the Ordinance. - BOARD/COMMISSION RECOMMENDATION The Advisory and Appeals Board at its May 4, 1999 meeting recommended that the City Council adopt the California Fire Code with amendments to the administrative requirements. ATTACHMENTS (Listed Below/ Resolution No Staff Report Advisory and Appeals Board Resolution Ordinance CALIFORNIA FIRE CODE Several articles in the Fire Code have been completely rewritten. One of these is Article 29. The rewrite reformats and expands the article in response to the increase in vehicles utilizing alternative fuels. The article utilizes requirements contained in nationally recognized standards to establish controls for LP -gas, LNG and hydrogen -fueled vehicles. More specifically, Article 29 has specific ventilation requirements for repair garages dealing with natural gas and. hydrogen -fueled vehicles. Differing ventilation requirements are needed because hydrogen and natural gas are lighter than air. On the other hand, garages with liquid fueled and LPG -fueled vehicles must provide ventilation to prevent the accumulation of flammable vapors at the floor. These gases are heavier than air. Article 32 has been rewritten to adequately address cooking and heating and the storage and handling of associated equipment and fuels in tent areas. The rewrite also maintains consistent definitions with the Building Code as it applies to assembly occupancies. The proposed regulations are more prescriptive with the use of LP -gas used under tents, canopies and temporary membrane structures. Distances to property lines and other hawnrds were placed in the body of the code, thus eliminating Table 3205-A for location, access and parking around tents. Article 64 is new in the code. It contains the requirements for the safe installation and operation of stationary lead -acid battery systems. There are currently thousands of such systems in the field that have had an excellent safety record. The systems do, however, present unique hazards, which are not adequately addressed by the existing provisions of Article 80. The new article contains specific and enforceable requirements for these installations. A fire permit is now required for these systems unless the individual batteries contain less than 20 gallons and they are used for stand-by power, emergency power or uninterrupted power supplies. ORDINANCE NO.99 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, ADOPTING THE CALIFORNIA FIRE CODE, 1998 EDITION, AND fl1L UNIFORM FIRE CODE, 1997 EDITION, VOLUMES I AND II, AND APPENDICES THERETO, PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, HAZARDOUS MATERIALS OR EXPLOSION; PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS; AND ESTABLISHING A COMMUNITY RISK MANAGEMENT GROUP AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES; REPEALING ORDINANCE NO. 96-2118 AND ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCE IN CONFLICT THEREWITH; AND AMENDING CHAPTER 15.28 OF THE NATIONAL CITY MUNICIPAL CODE - BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. The City Council of the City of National City hereby adopts the Uniform Fire Code, 1997 Edition, Volumes I and II, and the California Fire Code, 1998 Edition, the Appendices thereto together with the amendments set forth•in Section 3 of this ordinance as the fire code for this city. Section 2. The City Council finds that the amendments being made in this Chapter 15.28 are reasonably nerpssary because of local climatic geological or topographical conditions- namely, that the age of structures, separation and density create an increased risk of conflagration meriting more stringent standards. A copy of this ordinance shall be therefore filed with the Office of the State Fire Marshal and the State Building Standards Commission_ This action is taken pursuant to Health and Safety Code Sections 17958.7 and 18941.5. Section 3. Ordinance No. 96-2118 of the City of National City and all other ordinances and parts of ordinances in conflict with this ordinance are hereby repealed, and chapter 15.28 of the National City Municipal Code is thereby amended to read as follows: Sections: 15.28.002 15.28.010 CHAPTER 15.28 CALIFORNIA FIRE CODE Findings and declarations Uniform Fire Code, 1997 Edition, and the California Fire Code, 1998 Edition adopted 15.28.020 Establishment & Duties of Community Risk Management Group 15.28.030 Definitions 15.28.040 Section 7904.4 "Establishment of Limits for Flammable Liquid Storage" —amended _ 15.28.050 Section 8204.2 "Establishment of Limits for Bulk Storage of LPG" — amended 15.28.060 Article 77 "Establishment of Limits for Storage ' of Explosives and Blasting Agents" —amended 15.28.070 Section 5204.5.2 "Establishment of T imirs for Storage of Compressed Natural Gas" —amended 15.28.075 Amendments made to Uniform Fire Code and the California Fire Code 15.28.080 Section 101.3 "Subjects Not Specifically Regulated by This Code" — amended 15.28.085 Section 1102.3.1 "Open Burning" —amended 15.28.090 Section 1102.4.1 "Recreational Fires "—amPsvdM 15.28.100 Section 1212.3 "Graphic" —amended 15.28.110 Section 7902.2.2.1 "Locations Where Aboveground' Tanks are Prohibited" —amended 15.28.120 Section 7904.2.5.4.2 "Locations for Aboveground Tanks on Farms and Construction Sites" —amended 15.28.130 Section 8107.1 "Storage of Empty Wooden or Plastic Pallets" — supplemented 15.28.140 Appeals 15.28.150 New materials, prods or occupancies which may require permits. 15.28.160 Penalties 15.28.170 Repeal of conflicting ordinances 15.28.180 Validity and severability 15.28.190 Date of effect 15.28.002 Findings and declarations. The City Council of the City of National City, does hereby specifically and expressly find and declare that the nature and uniqueness of the local rlimatP, geographical and topographical conditions in -the City of National City does reasonably ne,,Pcsitate and demand specific changes in, and variations from the Uniform Fire Code, 1997 Edition, and the Ca1ifornia Fire Code, 1998 Edition, which are noted in and made part of this ordinance as authorized by Health and Safety Code Section 17958.7 and 18941.5. These conditions result from the age and concentration of structures and_the increased risk of conflagration spread as a result. 15.28.010 Uniform Fire Code. 1997 Edition. and California Fire Code. 1998 Edition adopted. There is hereby adopted by the City Council of the City of National City for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion and establishing a Community Risk Management Group a certain code known as the Uniform Fire Code, 1997 Edition, volumes I and II, and California Fire Code, 1998 Edition, the appendices thereto, published by the International Fire Code Institute, and the whole thereof, save and except such portions as are hereinafter deleted, 2 Fire Code Ordinance modified, or amended. Within this Chapter 15.28, those codes may be collectively referred to as the California Fire Code. One (1) copy of this adopted code is on file in the Office of the Fire Chief of the City of National City. The code is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, ch2.1l be controlling within the limits of the City of National City. 15.28.020 Establishment and duties of Community Risk Management Group. A. The California Fire Code shall be enforced by the Community Risk Management Group in the Fire Department in the City of National City which is hereby established and shall be operated under the supervision of the Chief of the Fire Department. B. The Battalion Chief/Fire Marshal in charge of the Community Risk Management Group shall be appointed by the Chief of the Fire Department of the City of National City. C. The Chief of the Fire Department may detail members of the Fire Department as inspectors as shall from time to time be necessary The Chief of the Fire Department shad recommend to the City Manager of National City the employment of technical inspectors, who, when Ariz authorization is made, shall be selected through an examination to determine their fitness for the same position. 15.28.030 Definitions. A. The word "jurisdiction" used in the California Fire Code shall mean the City of National City. B. Whenever the words "Chief of the Bureau of Fire Prevention" are used in the f aiifornia Fire Code they shall be held to mean the Fire Marshal of the City of National City. C. Where reference to the Uniform Building Code (or Building Code), or any Nationally Recognized Standard is made, it shall mean the currently adopted edition. 15.28.040 Section 7904,4 "Establishment of Limits for Flammable Liquid Storage" —amended. Section 7904.4 of the California Fire Code is amended to read: 7904.4. Establishment of Limits for Flammable Liquid Storage. The limits referred to in Article 79 of the California Fire Code, Section 7904; Bulk Plants or Terminals, in which new bulk plants for flammable or combustible liquids are prohibited, are hereby established as follows: All areas within the City limits of National City except for the following zones as established by the National City Land Use Code: MM, (Manufacturing Medium), MH, (Manufacturing Heavy), and MT, (Manufacturing Tidelands). 15.28.050 Section 8204.2 "Establishment of Limits for Bulk Storage of LPG" — amended. Section 8204.2 of the California Fire Code is amended to read: 8204.2. Establishment of Limits for Bulk Storage of LPG. The limits referred to in Section 8204.2 of the California Fire Code, in which bulk storage of liquefied petroleum gases exceeding specified quantities is to be restricted, are hereby established as follows: 3 Fire code ordinance All areas within the City limits of National City, except for the following zones as established by the National City Land Use Code: MM, (Manufacturing Medium), MH, (Manufacturing Heavy), MT, (Manufacturing Tidelands). 15.28.060 Article 77 "Establishment of Limits for Storage of Explosives and Blasting Agents" —amended. Article 77 of the California Fire Code is amended to read: Article 77. Establishment of Limits for Storage of Explosives and Blasting Agents. Pursuant to the authority in Article 77 of the California Fire Code, the storage of explosives and blasting agents is prohibited in all areas within the City limits of National City. 15.28.070 Section 5204.5.2 "Establishment of Limits for Storage of Compressed Natural Gas" —amended. Section 5204.5.2 of the California Fire Code is amended to read: 5204.5.2. Establishment of Limits for Storage of Compressed Natural Gas. Pursuant to the authority in Section 5204.5.2 of the California Fire Code, the storage of compressed natural gas is prohibited in all areas within the City limits of National City, except within the following zones as established by the National City Land Use Code: MM, (Manufacturing Medium), ME, (Manufacturing Heavy), MT, (Manufacturing Tidelands). 15.28.075 Amendments made to the Uniform Fire Code and the California Fire Code. The geographical density of the City of National City and the dry southern California climate, which is subject to annual drought conditions, make the following amendments set out in Sections 15.28.080 through 15.28.130 ntfte' nary and meet the conditions described in Section 15.28.002; Findings and Declarations. 15.28.080 Section 101.3 "Subjects Not Specifirally Regulated by This Code" — amended. Section 101.3 of the California Fire Code is amended to read: 101.3. Subjects Not Specifically Regulated by This Code. Where no applicable standards or requirements are set forth in this code, or contained within other laws, codes, regulation, ordinances or bylaws adopted by the jurisdiction, compliance with the applicable standards of the National Fire Protection Association or other nationally recognized fire safety standards in their most current edition as are approved ahail be deemed to be prima facie evidence of compliance with the intent of this code. See also California Fire Code Section 9001.2 Nothing herein shall derogate from the power of the Chief of the Fire Department to determine compliance with codes or standards for those activities or installations within the Chief's jurisdiction or responsibility. 4 Fire Code Ordinance 15.28.085 Section 1102.3.1 "Open Burning" —amended. Section 1102.3.1 of the California Fire Code is amended in its entirety to read: 1102.3.1. Open Burning. Open burning is strictly prohibited within the Czy limits, except when approved by the Chief for Fire Department training and demonstrations. 15.28.090 Section 1102.4.1 "Recreational Fires" —amended. Section 1102.4.1 of the California Fire Code is amended in its entirety to read: 1102.4.1. Recreational Fires. Recreational Fires are strictly prohibited within the City limits. 15.28.100 Section 1212.3 "Graphics" —amended. Section 1212.3 of the California Fire Code is amended to read: 1212.3. Graphics. The color and design of lettering, arrows and other symbols on exit signs shall be green in color and in high contrast with their background. Exit signs shall have the word "EXIT" on the sign in block capital letters not less than 6 inches (152 mm) in height with a stroke of not less than inch (19 mm). The word "EXIT" shall have letters having a width of not less than 2 inches (51 mm), except for the letter "I", and a minimum spacing between letters of not less than 3/8 inch (9.5 mm). Signs with lettering larger than the minimum dimensions established herein shall have the letter width, stroke and spacing in proportion to their height. 15.28.110 Section 7902.2.2.1 "Locations Where Aboveground Tanks are Prohibited" —amended. Section 7902.2.2.1 of the California Fire Code is amended to read: 7902.2.2.1. Locations Where Above Ground Tanks are Prohibited. General - Storage of Class I, II and DI -A liquids in aboveground storage tanks outside of buildings is prohibited within the City limits, except as follows: EXCEPTION: With the approval of the Fire Chief, Class I, II and III -A liquids may be stored above ground outside of buildings in specially designed, approved and listed containers with a minimum two-hour fire resistance, which have features incorporated into their design which mitigate concerns for exposure to heat, ignition sources and mechanical damage and leakage. Containers must be installed and used in arrordance with manufacturer UL or FM listing and provisions must be made for leak and spill containment. Storage in such tanks on any site shall not exceed the limits established in appendix II-F. The Chief- of the Fire Department may disapprove the installation of such containers when in his opinion, their use presents a risk to life or propy. Storage is prohibited within 100 feet of any residential or institutional structure_ 5 Fire code ordinance 15.28.120 Section 7904.2.5.4.2 "Locations for Aboveground Tanks on Farms and Construction Sites" —amended. Section 7904.2.5.4.2 of the California Fire Code is amended to read: 7904.2.5.4.2. Locations Where Aboveground Tanks are Prohibited. The storage of Class I, II and III -A liquids in aboveground tanks is prohibited within the City limits, except as follows: EXCEPTION: With the approval of the Fire Chief, Class I, II and III A liquids may be stored aboveground outside of buildings in specially designed, approved and listed containers with a minimum two-hour fire resistance which have features incorporated into their design which mitigate concerns for exposure to heat ignition sources and mei-haniral damage and leakage. Containers must be installed and used in accordanr,- with their manufacturer UL or FM listing, and provisions must be made for leak and spill containment Storage in such tanks on any site shall not exceed the limits established in Appendix II-F. The Chief of the Fire Department may disapprove the installation of such containers when in his/her opinion, their use presents a risk to life or property. Storage is prohibited within 100 feet of any residential or institutional structure. 15.28.130 Section 8107.1 "Storage of Enroty Wooden or Plastic Pallets — supplemented. Section 8107.1 of the California Fire Code is supplemented by adding the following: 8107.1. Storage of Empty Wooden or Plastic Pallets. The storage of empty wooden or plastic pallets is prohibited, except as follows: 1. Outdoor Storage. Pallets may be stored outside of a buildi g or in a detached building. Pallets shall not be stacked closer than 5 feet from any building 2. Indoor Storage Pallets shall not be stored indoors unless the premises are protected with an automatic fire sprinkler system in accordance with NFPA Standard 231, Table 4-4.1.2, except when both of the following conditions are met: a. Pallets are stored no higher than 6 feet. b. Each pallet pile of no more than 4 stacks shall be separated from other pallet piles by at least 8 feet of clear space and 25 feet from any other commodity. j5.28.140 Appeals. Whenever_the Chief of the Fire Department or his/her duly authorized representative disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision to the Advisory and Appeals Board within 30 days from the date of the decision. 6 Fine code ordinance 15.28150 New materials. processes or occupancies which may require permits. The Building and Safety Director, the Chief of the Fire Department and the Fire Marshal chats act as a committee to determine and specify, after giving effected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits in addition to those now enumerated in said code. The Fire Marshal shall post such list in a conspicuous place in his/her office and distribute copies thereof to interested parties. 15.28.160 Penalties. Any person who shall violate any of the provisions of the California Fire Code hereby adopted or any order made thereunder, or who chats build in violation of any detailed statement of specifications or plans submitted and approved is guilty of a misdemeanor. 15.28.170 Repeal of conflicting ordinances. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of the Code or Standards hereby adopted are hereby repealed. 15,28.180 Validity and severability. The City Council of the City of National City hereby declares that should any section or portion of this ordinance or of the Code or Standards hereby adopted be declared for any reason to be invalid, it is the intent of the City Council of the City of National City that it would have passed all other portions of this ordinance independent of the elimination here from of any such portion as may be drtared invalid. It is further the intent of the City council that if any portion declared invalid can be severed from the remainder, or be construed in such a manner as to give valid meaning and effect to the remaining portions, then it may be so severed or construed so as to carry out the purpose and intent of this code. 15,28.190 Date of effect. This ordinance shall take effect and be in force from and after its approval as required by law. Section 4. Following its adoption, the City Clerk shall transmit a certified copy of this ordinance to the California State Building Standards Commission and the State Fire Marshal for filing in accordance with Health and Safety Code Sections 17958.7 and 18941.5. Signature Page to follow 7 Fire code ordinance PASSED and ADOPTED this day of , 1999. ATTEST: Michael Dalia, City Clerk APPROVED AS TO FORM: George H. Filer, RI City Attorney s George H. Waters, Mayor Fun coda ordinance RESOLUTION 99-1 A RESOLUTION OF THE ADVISORY AND APPEALS BOARD OF THE CITY OF NATIONAL CITY RECOMMENDING ADOPTION BY THE CITY COUNCIL OF iBi 1998 CALIFORNIA FIRE CODE VOLUME 1 AND CERTAIN AMENDMENTS TO TITLE 15.28 OF '11:1E NATIONAL CITY MUNICIPAL CODE WHEREAS, the Advisory and Appeals Board of the City of National City at its meeting of May 4, 1999, after proper notification, conducted a hearing to consider the recommended amendments to the 1998 California Fire Code Volume 1, and certain amendments to Title 15.28 of the National City Municipal Code, which are utilized by the Engineering Department; and WHEREAS, the technical amendments are necessary due to the uniqueness of the local climate, topography and geography; and WHEREAS, the administrative amendments are necessary to facilitate the administration and enforcement of the codes and to assure compatibility with other codes and ordinances of the City; and WHEREAS, after review and discussion, the Board determined that the amendments submitted be approved and forwarded to the City Council with a recommendation for adoption by the City Council. NOW, THEREFORE, BE IT RESOLVED that the Advisory and Appeals Board recommends approval of the code amendments as submitted, and that such amendments be adopted by the City Council. PASSED and ADOPTED the 4th day of May 1999. A11IST: Don Condon.,Fire Marshal APPROTO FORM: dolph Hradecicy, Senior Assistant C ty Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 25, 1999 AGENDA ITEM NO 21 1 ITEM TITLE POST -BUDGET CITY COUNCIL RECESS PREPARED BY EXPLANATION. Tom G. McCabe gl DEPARTMEN City Manager The City Council has adopted a policy of observing a post -budget recess to be scheduled around the 4th of July holiday. This year, the two dates closest to July 4th are June 22Thi and July 6t. June 29th is a fifth Tuesday with no scheduled meeting. In order to provide all 'interested parties with advanced notice for planning purposes, the Council should designate now the schedule that will constitute the post -budget recess. Environmental Review Financial Statement N/A N/A Account No STAFF RECOMMENDATION City Council establish the post -budget Council meeting recess as Tuesday, June 22, Tuesday, June 29, and Tuesday, July 6, 1999. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No None A-200 (Rev. 9/80) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 25, 1999 AGENDA ITEM NO. 22 ITEM TITLE SCHEDULING FINANCE COMMITTEE REVIEW OF THE 1999-00 ANNUAL BUDGET PREPARED BY EXPLANATION. Tom G. McCabe ATI DEPARTMENT City Manager Staff is nearing completion of the 1999-00 Annual Budget. It is appropriate for the City Council to schedule the date and time for the Finance Committee Review. Council expressed a preference for the week of June 14-18. I am proposing Thursday, June 17, 1999 at 9 AM in the Large Conference Room for the review. Environmental Review Financial Statement N/A Account No. STAFF RECOMMENDATION Direction of Council requested. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) None Resolution No A-200 (Rev. 9/80) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 25, 1999 23 AGENDA ITEM NO. ITEM TITLE REQUESTED RELIEF FROM SEWER BILLING BY HOCKING PREPARED BY C.R. Williams, Jr. � DEPARTMENT Public Works EXPLANATION See attached explanation. Environmental Review X N/A Financial Statement Adverse impact on Sewer fund to the extent of relief granted, if any. Account No. N/A STAFF RECOMMENDATION Council decision on relief, if any. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. None A-200 (9/80) Explanation: By contact with one of the City's elected representatives, California Chemical Company (Hocking) has requested relief from their present sewer bill. Background on this matter is as follows: In April of 1996, California Chemical Company/DBA Hocking International advised Public Works that the rate of return -to -sewer of delivered water (which determines the amount paid for sewer) was incorrect. This rate was 90%. Their conjecture was that much of this delivered water was used in the manufacturing of their product, rather then going into the sewer system, and consequently their sewer bill was too high. We agreed that the rate -of - return should be adjusted and that by Ordinance we could make such adjustment effecting a maximum of 90 days prior to notification (to January 1996). To calculate the proper rate -of -return we contacted the City of San Diego Industrial Waste Program, which issues Hocking their Sewer Discharge Permit. Within a Discharge Permit, there is an estimate of the maximum return to the sewer system. We thought this would supply us with a quick and accurate calculate, but it did not. We were told that Hocking's permit was under review and that it would be sometime before it would be completed. We informed Hocking of this and assured them that any adjustment would be retroactive, and that they should continue to pay their sewer bill so as not to incur any late fees or interest penalties. At this time, we also requested their batch file in hopes that this would tell us the amount of water used in their product. We could compare this amount with the amount of water delivered again making it an easy calculation should the permit not help. We were never supplied with this information. After a time and due to the lack of any of the requested information being supplied to us, a 30% rate -of -return to sewer percentage was applied. This determination was presented to Hocking and agreed with. At this time, Hocking requested an explanation of how we calculated this rate -of -return. We met with a representative of Hocking in September of 1997 and explained the procedure. We again came to an understanding and subsequently a revised total billing was generated by Finance in January 1998 for the time period of November 1995 through December 1997 at a 30% rate -of -return, and was sent to Hocking. This billing included late fees and penalties in the form of interest for the adjusted amount. Once again, Hocking was encouraged to pay the adjusted bill so as not to incur any more late fees or interest penalties. The adjusted bill was not paid, but instead a claim was filed with the City in March of 1998. There was no basis for this claim since Hocking has not made any payments, under protest or otherwise. The claim was denied. Hocking's last payment for sewer service was in November of 1995. Since then, a period of 42 months. no payments have been made. Hocking's current balance at the adjusted rate of 30% return -to -sewer is $4561.45. This includes a penalty of $302.65 and interest of $1232.32. This item is placed on the agenda for full Council review and appropriate action.