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Home My WebLink About12/3/2003 - STAFF REPORTS (6) DATE: December 3, 2003 TO: City Council FROM: Director of Public Works/City Engineer BUILDING CODE ORDINANCE AMENDMENT TO CHAPTER 8.04 "UNIFORM CODES' RECOMMENDATION: That City Council approve an ordinance amending Section 8.04.015(9) of Title 8 of the Palm Springs Municipal Code (PSNIC), modifying conditions requiring preparation of a grading plan. SUMMARY: This proposed amendment will relax requirements for preparation submittal of a grading plan, which is currently required in the existing municipal code section. This revision was proposed by staff, in discussions with Irwin M. Kaplan,AICP, with respect to development task force issues, and makes City requirements consistent with existing Uniform Building Code requirements for when grading plans must be prepared and submitted for City approval. BACKGROUND: In March of 1988 City Council adopted Ordinance Number 1296, which among other things, eliminated exceptions called for in the Uniform Building Code with respect to when and if grading plans for new or modified development are required. The 2001 California Building Code,which includes within itthe 1997 Uniform Building Code has been adopted by the City. Chapter 33 of said Code, covers the topic of excavation and grading and provides for certain exemptions. Specifically, Section 3306.2 "Exempted Work", exempts from the requirement of a grading plan and permit: a)grading in an isolated, self-contained area if there is no damage to public or private property; b) an excavation that is less than two feet in depth or does not create a cut slope greater than five feet in height and steeper than 1 unit vertical in 1%horizontal in slope; c) a fill less than one foot in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal, or less than three feet in depth not intended to support structures, or that does not exceed 50 cubic yards on any one lot. The Municipal Code, however, eliminates specifically these exemptions, resulting in all development work requiring preparation of a grading plan and issuance of a grading permit. This specific item was mentioned by staff to Irwin Kaplan in his review of the planning and entitlement process in Palm Springs and specifically included in his report. This is an item which requires the development committee to perform work that is of frankly little benefit to the public in most cases, which is the reason why it is specifically exempted in the Uniform Building Code. Although staff did not have knowledge of the ignorance precipitating the current language in the Municipal Code, it is recommended thatthe PSMC be amended to be consistent with the 1997 Uniform Building Code with respect to when grading plans are required. Ordinance 8.04.015 Amendment December 3, 2003 Page 2 Grading plans will still be required for grading as defined in the Municipal Code and Building Code with the only exceptions being very minor development work which involves moving small amounts of dirt, specifically within the exemption guidelines, as outlined in the Uniform Building Code. The results are expected to be elimination of about 40 grading plans per year from the development process, with decreased permit approval times for single family homes and remodels. '9 0-1161— DAVID J. BARAKIAN Director of Public Works/City Engineer �— APPROVED:— �-- ATTACHMENTS: 1. Proposed Ordinance PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp (2015.5.C.C.P) 5P STATE OF CALIFORNIA - County of Riverside I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid;I am over the age of eighteen -------------------------- years,and not a party to or interested in the above-entitled matter.I am the principal clerk of a - - - - printer of the,DESERT SUN PUBLISHING No.6720 CITY OF PALM SPRINGS COMPANY a newspaper of general circulation, ORDINANCE NO. 1641 printed and published in the city of Palm Springs, AN ORDINANCE OF THE CITY OF PALM County of Riverside,and which newspaper has been SPRINGS, CALIFORNIA, AMENDING SECTION B.04015 OFrHE PALM SPRINGS MUNICIPAL C adjudged a newspaper of general circulation by the ODE TO ELIMINATE ITEM (g) REGARDING Superior Court of the County of Riverside,State of GRADING PLAN EXEMPTED WOFIK. California under the date of March 24,1988.Case THE CITY COUNCIL OF THE CITY'of PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOL- ----- - ---- - -Number-191236;that the notice;Of which the— _--- -- LOWS a.01 slsl Is Hereby e annexed is a printed copy(set in type not smaller SECTION 1. Section B 0 deletd and Section 10 and 11 are hereby renumbered to than non pariei,has been published in each regular sections e and 10. and entire issue of said newspaper and not in any SECTION 2. EFFECTIVE DATE.This Ordinance - -- - supplement thereof on the following dates,to wit: — - - -- shall be in fuo force ad enact tmrty(30) days at- - tei passage. SECTIOk is hereby ordered and 3. LdC directed toT`certify to the rpas- December 27"' sage of this Ordinance,and to cause the same or a summary thereof or-display be mdao- ___—____—___—_—_—__— prepared according to law, P coidance with law ADOPTED this 17th day of December,2003. All in the ear 2003 AYES' Members Foat, McCulloch, Mills, Piton- )' net, d Mayor Oden I certify(or declare)under penalty of perjury that the NOES:an None ABSFNT.None foregoing is true and correct. ATTEST' CITY OF PALM SPRINGS,CALIFORNIA 2n4 Clerk a A.Sandals /a/Rod Coen Dated at Palm Springs,California this----day B cYiy cl_ ram_f Mayor of-------January----------- �----- �-- —,2004 Signature ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 8.04.015 OF THE PALM SPRINGS MUNICIPAL CODE TO ELIMINATE ITEM (9) REGARDING GRADING PLAN EXEMPTED WORK. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 8.04.015 (9) is hereby deleted and Section 10 and 11 are hereby renumbered to Sections 9 and 10. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty(30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this day of 2003. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk Mayor REVIEWED & APPROVED: