HomeMy WebLinkAbout1767 ORDINANCE NO. 1767
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION
8.04.015 OF THE PALM SPRINGS MUNICIPAL CODE FOR
THE PURPOSE OF AMENDING APPENDIX J "GRADING"
OF THE 2007 EDITION OF THE CALIFORNIA BUILDING
CODE TO CLARIFY GRADING DESIGNATIONS AND
GRADING REQUIREMENTS.
City Attorney Summary
This Ordinance amends Ordinance No. 1735 and Section
8,04.015 of the Palm Springs Municipal Code to
incorporate Sections 3309.3 "Grading Designation" and
3309.4 "Engineered Grading Requirements" of Appendix
Chapter 33 "Excavation and Grading"of the 2001 Edition of
the California Building Code.
WHEREAS, the City Council of the City of Palm Springs, California, adopted
Ordinance No. 1735 on February 20, 2008, an Ordinance to adopt and amend the 2007
Editions of the California Building Code; and
WHEREAS, Section 3 of Ordinance No. 1735 amended Section 8,04.015
"California Building Code — Additions, Amendments and Deletions" to incorporate
references to grading plan designations; and
WHEREAS, Section 3309.3 "Grading Designation" and Section 3309.4
"Engineered Grading Requirements" of Appendix Chapter 33 "Excavation and Grading"
of the 2001 Edition of the California Building Code were eliminated from Appendix J
"Grading" of the 2007 Edition of the California Building Code; and
WHEREAS, it is necessary to incorporate Section 3309.3 "Grading Designation"
and Section 3309.4 "Engineered Grading Requirements" of Appendix Chapter 33
"Excavation and Grading" of the 2001 Edition of the California Building Code, as
previously amended by the City of Palm Springs, into Appendix J "Grading" of the 2007
Edition of the California Building Code.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Section 8.04.015 "California Building Code -- Additions,
Amendments and Deletions" is hereby amended as follows:
Item (25) is hereby deleted and replaced with the following:
Ordinance No. 1767
Page 2
The following is added to Apendix J, Section J104.1 "Submittal Requirements":
Grading Designation. Grading in excess of 2,000 cubic yards shall be performed
in accordance with an approved grading plan prepared by a civil engineer, and shall be
designated as "engineered grading". Grading involving less than 2,000 but more than
50 cubic yards shall be performed in accordance with an approved grading plan
prepared by an appropriate design professional as allowed by the building official, and
shall be designated 'regular grading" unless the permittee chooses to have the grading
performed as engineered grading, or the building official determines that special
conditions or unusual hazards exist, in which case grading shall conform to the
requirements for engineered grading. Grading involving less than 50 cubic yards shall
be exempt from the requirements for a grading plan, unless determined otherwise by
the building official, in which case grading shall conform to the requirements for regular
grading.
Exception: Grading in excess of 2,000 cubic yards which is primarily of a
landscaping and "fine grading" nature, where no flood hazard is present, may be
designated "regular grading" at the discretion of the building official.
The following is added to Appendix J, Section J104.2 "Site Plan Requirements":
Engineered Grading Requirements. Application for a grading permit shall be
accompanied by two sets of plans and specifications, and a soils report meeting the
requirements of Section J104.3. The plans and specifications shall be prepared and
signed by an individual licensed to practice as a civil engineer by the California Board of
Professional Engineers and Land Surveyors.
Specifications, when required, shall contain information covering construction
and material requirements.
Plans shall be drawn to scale and shall be of sufficient clarity to indicate the
nature and extent of the work proposed and show in detail that they will conform to the
provisions of this code and all relevant laws, ordinances, rules, and regulations. The first
sheet of each set of plans shall give the location of the work, the name and address of
the owners, and the person by whom they were prepared.
The plans shall include the following information:
1. General vicinity of the proposed site.
2. Property limits and accurate contours of existing ground and details of terrain
and area drainage.
3. Limiting dimensions, elevations or finish contours to be achieved by the
grading, and proposed drainage channels and related construction.
Ordinance No. 1767
Page 3
4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing,
dams and other protective devices to be constructed with, or as a part of, the proposed
work, together with a hydrology study including a map showing the drainage area and
the calculations of the estimated stormwater runoff of the area served by any drains-
5- Location of any buildings or structures on the property where the work is to be
performed and the location of any buildings or structures an land of adjacent owners
that are within 15 feet of the property or that may be affected by the proposed grading
operations.
6. Recommendations included in the soils report shall be incorporated in the
grading plans or specifications. When approved by the building official, specific
recommendations contained in the soils report, which are applicable to grading, may be
included by reference.
7. The dates of the soils report together with the names, addresses and phone
numbers of the firms or individuals who prepared the report.
Regular Grading Requirements. Application for a grading permit shall be
accompanied by two sets of plans and specifications, and a soils report meeting the
requirements of Section J104.3. The plans and specifications shall be prepared and
signed by an individual appropriately licensed to practice civil engineering, architecture,
or a similar field by the state of California, with experience preparing grading plans, or
as allowed by the building official.
Plans and specifications for regular grading shall conform to the requirements for
engineered grading; however, particular requirements may be waived at the discretion
of the building official given the particular nature of proposed grading designated as
"regular grading".
SECTION 2. If any section or provision of this Ordinance is for any reason held
to be invalid or unconstitutional by any court of competent jurisdiction, or contravened
by reason of any preemptive legislation, the remaining sections and/or provisions of this
ordinance shall remain valid. The City Council hereby declares that it would have
adopted this Ordinance, and each section or provision thereof, regardless of the fact
that any one or more section(s) or provision(s) may be declared invalid or
unconstitutional or contravened via legislation.
SECTION 3. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
Ordinance No. 1767
Page 4
ADOPTED THIS 3rd DAY OF FEBRUARY, 2010.
A/- /I Pz 74
STEP N P. POUGNE , MAYOR
ATTEST:
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fnu
MES THOMPSON, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No- 1767 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on the 20th day of
January, 2010, and adopted at a regular meeting of the City Council held on the 3rd day
of February, 2010 by the following vote:
AYES: Councilmember Foat, Councilmember Mills, Councilmember Weigel,
Mayor Pro Tem Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None-
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