HomeMy WebLinkAboutAGENDA REPORT 1997 0716 CC REG ITEM 09HITEM 9• R.
CITY OF MOORPARK LTTY OF MOORPARK, CALIFOW4A
AGENDA REPORT City Council Meeting
of 7 199
TO: The Honorable Mayor and Members of the City CounTIJN:
,
FROM: Jim MacDonald, Senior Building Inspect 3
BY.
DATE: July 7, 1997 (CC Meeting July 16, 1997)
SUBJECT: Amendments to Ordinance No. 210 requiring building permits for masonry
fences which exceed a height of forty -two inches above adjacent grade.
Background:
Existing Ordinance No. 210 references the 1994 Uniform Administrative Code (UAC) Section 301.2
in determining requirements for building permits. This code, along with the other Uniform codes are
revised and updated every three years for adoption the following year by the City of Moorpark.
Periodically there arises a need to amend certain sections of these codes prior to the formal triennial
adoption cycle.
In the past, Building and Safety has received questions from concerned home owners relating to
construction of property line masonry fences less than six feet high. Homeowners were concerned
because their walls appeared to be unstable. Building and Safety was not able to fully respond
because these walls did not require a building permit and therefore were not inspected.
In response to the Northridge earthquake, the City of Moorpark adopted Ordinance No. 188 on
February 7, 1994. Ordinance No. 188 included provisions for permitting walls which exceed thirty -six
inches in height when measured from the bottom of the footing to the top of the wall. Those
provisions also required that all walls which exceed this height be designed by a registered architect or
engineer. Because the masonry wall provisions of Ordinance No. 188 were found to be very
restrictive, the City Council repealed them on February 16, 1994.
The provisions for masonry fences contained in this proposed Ordinance are much less restrictive than
those required under Ordinance No. 188. This Ordinance will require permits for masonry fences
which exceed a height of fourty -two inches when measured from the adjacent grade to the top of the
fence. This Ordinance will not require an engineered design unless the masonry fence exceeds
seventy -two inches. The Building and Safety Division will provide a standard handout for the public
to use when constructing a masonry fence which is seventy -two inches or less.
Recently, the Building and Safety Division surveyed each jurisdiction within Ventura County
regarding their respective permitting requirements for masonry fences. Of the eleven jurisdictions
surveyed, seven require permits for fences which exceed seventy -two inches in height, two require
permits for fences which exceed fourty -two inches in height, and two require permits for fences which
exceed thirty -six inches in height.
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The proposed changes to the Uniform Administrative Code will provide a clear definition of "height"
and a "masonry fence ". Other fences such as wood and chainlink type are unaffected by this
Ordinance. In an effort to better regulate construction of masonry fences in the City of Moorpark, the
following amendments to the Uniform Administrative Code are recommended:
1) Define "Masonry fence" in Section 103 of the Uniform Administrative Code.
Masonry fence -is a fence constructed of adobe, clay, stone, concrete or other
similar material which exceeds 42 inches in height.
2) Define "Height' in Section 103 of the Uniform Administrative Code.
Height - is that vertical measurement which yields the greatest dimension from any
adjacent finish grade to the highest portion of the structure being measured.
3) Amend item number 2 under Section 301.2.1 to read as follows:
Wood and similar fences not over 6 feet ftigh in height and masonry fences not over
42 inches in height.
Amendments necessarv:
Section 17958.7 of the Health and Safety Code requires that findings be made that justify local
amendments to the codes adopted by the State of California. These findings must show that local
amendments are reasonably necessary due to local climatic, topographical or geological conditions.
Because the City of Moorpark is located in a geologically active area, the City Council may find that
these amendments are reasonably neccesary in accordance with State law.
This Ordinance would become effective 30 days after the date of adoption.
Fiscal Impact•
Any imposed fiscal impact to the Building and Safety Division through increased inspection activity
should be offset by permit fees received for these fences.
Recommendation
1) Introduce and give first reading of the attached ordinance, amending City Council Ordinance
No. 210 adopting the revised Uniform Administrative Code as outlined above.
2) Direct staff to advertise the public hearing and second reading for August 20, 1997, in the
manner prescribed by law.
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