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HomeMy WebLinkAboutORD 465ORDINANCE No. 465 10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA AMENDING TITLE 27, GRADING, OF THE CITY MUNICIPAL CODE. WHEREAS, the City Council of the City of Palm Desert, California, did on the 12th day of June 1986, review proposed revisions to the city grading regulations; WHEREAS, the revision of said regulations are in the interest and furtherance of the public health, safety and general welfare of the city. NOW, THEREFORE, be it resolved by the City Council of the City of Palm Desert as follows: 1. That the above recitations are true and correct and constitute the consideration of the council in this case. 2. That the following sections of Title 27 of the Palm Desert Municipal Code are amended to read as follows: 27.08.030 City. "City" means the city council, or the building official or the city engineer acting directly or through authorized agents. 27.08.055 Civil engineer; "Civil engineer" means a professional engineer in the branch of civil engineering holding a valid certificate of registration issued by the State of California. 27.08.080 Director. "Director" means the director of Community Development/Planning of the city. 27.08.125 Geologist. "Geologist" means a person holding a valid certificate of registration as geologist in the specialty of engineering geology Issued by the State of California Professions Code. 27.12.045 Control of Building Pad Elevation. The elevation of finished building pads shall be controlled in the following manner: (A) In areas where full street improvements exist (curb, gutter and complete paving), the minimum finished pad height shall be no less than twelve (12) inches above the top of curb elevation measured at the lowest point along the lot frontage curb line. (B) In areas where full street improvements do not exist, the minimum finished pad height shall be not less than 12 inches above the crown line elevation of the street measured at the lowest point along the lot frontage. 27.12.160 Qualification to do work --Property owner. Any person occupying property as his own home or constructing a house to be occupying property as his own home or constructing a house to be occupied as his own home may present an application to do land alteration work on his own property. Any work a prized by permit as a res� of a property owner's application shall be supervised or performed personally iy the property owner. Persons applying for a property owner's permit to do land alteration work shall furnish a cash deposit or surety bond, In an amount determined to be the actual cost of the work to be done as determined by the city engineer. 27.12.180 Building permits. No permit for construction of any building or structure shall be issued by the building official until: (a) The required grading plans and specifications have been submitted, reviewed and approved by the city engineer and (B) A current valid and unexpired grading permit has been issued. Exception: A building permit may be issued for "minor construction" as defined by the city engineer. 27.12.190 Pad height certification. No inspection or approval on the building or structure's foundation system shall be given by the building official until the city engineer has received, reviewed and approved a certification that the proposed pad height conforms to the approved grading plan. The required pad height certification shall be submitted by the civil engineer of record. 27.12.200 Final inspection. No final inspection approval or certificate of occupancy shall be issued by the building official until final approval of the finished grading has been given by the city engineer. 27.28.140 Retaining walls. All walls retaining thirty inches or more of soil measured from the top of the footing shall be designed by a civil engineer. The design is subject to approval of the city engineer. Appropriate fees in accordance with the schedule of fees as adopted from time to time by resolution of the city council shall be paid, and a permit shall be obtained from the building official. 27.28.150 Control of grading. (A) Notwithstanding other sections in this chapter and the provisions of the Uniform Building code, where grading is required adjacent to improved residential lots(s) and where providing for drainage privacy, security, and/or views of the adjacent lot(s) with fills exceeding three feet in height, the city engineer may require the use of alternate drainage devices including, but not limited to concrete swales, yard drains, storm drains, sump pumps and spread footings. If the use of alternate drainage devices is not sufficient to mitigate any adverse impacts, the city engineer may require and/or permit the drainage of one lot across another lot provided that satisfactory easements are obtained. (B) Additionally, the city engineer may permit pads to be set at street grade or lower to prevent fills greater than three feet In height, Providing the following conditions are met: 1. A landscaped berm, minimum twelve between the street and structure; 2. All roof drainage shall be carried pipe; -2- inches high is constructed to the street by drainage 3. A s& factory easement, subject to : approval of the city attorney and city engineer, is obtained to drain the rear yards or an engineered sump or drywell, subject to the approval of the city engineer, is constructed to accommodate rear yard drainage. (C) Appeals of requirements of this section shall be made to the planning commission and the decision shall be final unless appealed to or called up by the city council. The fee for filing an appeal shall be as shown in the schedule of fees as set from time to time by resolution of the city council, but In no event shall be less than sixty-five dollars. 3. The city clerk is hereby directed to publish this ordinance in the Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED, and ADOPTED on this 26thday of June , 1986 by the City Council of the City of Palm Desert, California, by the following vote, to wit: AYES: BENSON, SNYDER, WILSON, KELLY NOES: NONE ABSENT: JACKSON ABSTAIN: NONE RICHA D S. KELLY, MA OR City of Palm Desert, California ATTEST: SHEILA R. GILLIGAN, CIV Clerk City of Palm Desert, California