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HomeMy WebLinkAboutORD 514ORDINANCE No. 514 AN ORD I NANCE OF THE C I TY COUNC i L OF THE C I TY OF PALM DESERT, CALIFORNIA AMENDING TITLE 27, GRADING, OF THE PALM DESERT MUNICIPAL CODE. WHEREAS, The City Council of The City of Palm Desert, California, did on the 24th day of September, 1987, review proposed revisions of the City Grading Regulations; and 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, The City Council of the City of Palm Desert DOES HEREBY ORDAIN: 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 : Chapter 27.08 DEFINITIONS Sections: 27.08.095 Engineer of Work 27.08.123 Frontage 27.08.155 Licensed Land Surveyor 27.08.020 Appurtenant structures. "Appurtenant structures" means manmade structures related to and necessitated by the proposed grading, and includes, but Is not limited to, paved drainage ditches, inlet structures, lined channels, culverts and outlet structures. 7.08.030 City. "City" means the City Council, or the Building Official or the City Engineer. 27.08.095 Engineer of work. The "Engineer of work" shall be the civil Engineer of record who has performed the engineering for the project. 27.08.123 Frontage. "Frontage" shall mean all points along the perimeter of the property that abut a public street. 27.08.125 Geologist. "Geologist" means a person holding a valid certificate of registration as geologist in the specialty of engineering geology issued in Grading Ordinance Title 27 accordance with the State of California Business and Professions Code. 27.08.130 Grade. "Grade" means the elevation and cross sections established for the finished surface. 27.08.155 Licensed Land surveyor. "Licensed Land Surveyor" means a person holding a valid license as a land surveyor issued in accordance with the State of California Business and Professions code. Chapter 27.12 Sections 27.12.045 Control of Pad Elevation 27.12.070 Uncontrolled Embankment. 27.12.015 Grading permit requirements. This section shall apply as follows: A. Plans and Specifications. Each applicant for grading permit shall be accompanied by two sets of Plans and specifications, and supporting data consisting of a soils engineering and geology report as specified by the City Engineer. The plans and specifications shall be prepared and signed by a Civil Engineer. 27.12.019 Plans and specification exemptions. Soils engineering and engineering geology reports shall not be required for single family dwelling located in existing recorded subdivided lots. In addition, the City Engineer may waive the requirement for other locations if deemed appropriate. 27.12.045 Control of building pad elevation. The elevation of finished building pads shall be controlled in the following manner: A. Where the existing grade is at or below street elevation, the following shall apply: (1) In areas where full street improvements exist (curb, gutter and complete paving), the maximum finished pad height shall be no -more than twelve inches (12") above the top of curb elevation measure at the lowest point along the lot frontage curb line and be compatible with surrounding adJacent Properties, as determined by the City Engineer. (2) In areas where full street Improvements do not exist, the maximum finished pad height shall not be more than twelve inches (12") above the crown line elevation of the street measured at the lowest point along the lot frontage and be compatible with surrounding adlacent Properties, as determined by the City Engineer. B. Where the existing grade is above street elevation, the following shall apply: (1) The pad elevation shall be compatible with surrounding adlacent Properties as determined by the City Engineer, 27.12.050 Embankment compaction. Unless otherwise specified on the permit, all embankment for land alteration shall be compacted in conformance with the Provisions of Chapter 70 of the Uniform Building Code, latest edition. Unless otherwise stated in the permit, a soils Engineer shall be responsible for the Grading Ordinance 3 Title 27 Inspection and testing of the embankment work and inspection of excavations. The soils Engineer shell file with the City Engineer, upon completion of the work, a report certifying that inspections and tests were mode during the grading, and that in his opinion all embankments and excavations are in accordance with the Provisions of this title and the permit and are acceptable for their intended use. 27.12.055 Terracing and drainage. Deviations from the provisions of this Section 7012(a) of the Uniform Building Code shall be specifically addressed for each instance in the reports required by Section 7006 of the Uniform Building Code. Terrace. Terraces at least eight feet in width shall be established at not more than twenty-five foot vertical intervals on all cut or fill slopes to control surface drainage and debris except that where only one terrace is required, it shall be at midheight. For cut or fill slopes greater then fifty feet and up to one hundred feet in vertical height one terrace at approximately midheight shall be sixteen feet In width. Terrace widths and spacing for cut and fill slopes greater than one hundred feet In height shall be designed by the civil Engineer and approved by the City Engineer and shall meet or exceed the foregoing requirements. Suitable access shall be provided to permit proper cleaning and maintenance. Swales or ditches on terraces shall have a minimum gradient of five percent (51) and must be paved with reinforced concrete not less than three Inches in thickness. They shall have a minimum paved width eamI to the width of the terrace. A single run of Swale or ditch shall not collect runoff from a tributary area exceeding thirteen thousand five hundred square feet (projected) without discharging into a down drain. A design height of the slope shall Include six feet at the top of the slope to provide for the contributory area and height of possible walls along the top of the slope. Exception: The width and spacing of the terraces may be approved by the City Engineer to be narrower and spaced differently than the preceding requirements provided: A. The terrace system Is designed by a civil Engineer and approved by the lolls engineer. Such design shall include sufficient details and calculations (including hydrology) to enable full analysis by the City Engineer. B. The maximum vertical interval shall be twenty feet, an eight -foot wide terrace shall be Included at fifty feet in vertical height, and a twelve -foot wide terrace shall be included at eighty feet In vertical height. C. Building pads shall have a drainage gradient of at least one half percent (0.5%) toward approved drainage facilities. D. The exception in Section 7012(d) of the Uniform Building Code is deleted. 7.12.057 Special drainage provisions. if the building pad surface is Paved, the minimum gradient specifications in Section 7012(d) of the Uniform Building Code may be reduced to the following minimum gradients: Asphaltic concrete pavement (one half percent ro- w ); Portland cement concrete (one half rcent [0.5 Grading Ordinance Title 27 27.12.059 Drainage devices. A. Except on slopes, drainage devices shall be constructed with minimum gradients as follows Portland cement concrete construction - 0.5t; air blown concrete construction -0.5%; asphaltic concrete pavement - 0..5%; soils swales - 0.5%; pipes - 0.4%. D. Drainage devices convening water to the public streets shall drain over driveway approaches, through curb drains, through sidewalk culverts, or through non -concentrated sheet flow over the curb as designated by the City Engineer. 27.12.067 Blowsand and dust control. B. Applicant prior to grading permit issuance shall sMft an irrigation plan and complete details of the irrigation system to the City Engineer for review and approval. Permit fees for the site irrigation system shall be included In the grading permit fees. C. The grading site shall be irrigated as necessary to prevent blowing dust or sand damage to properties surrounding the grading site and to prevent accumulation of dirt, mud or debris on City streets and facilities. 27.12.070 Uncontrolled embankment. Where, in the opinion of the City Engineer, the construction of an uncontrolled embankment or stockpile would not be contrary to the public interest or welfare, a Permit for such land alteration may be issued; provided, that the plans clearly Indicate the limits of the uncontrolled embankment or stockpile to be constructed and an agreement or covenant of restriction has been executed as required in this title, and recorded In the office of the county recorder. 27.12,100 Land alteration standards. Except as provided in this chapter, all work in connection with land alteration shall be done in accordance with the latest revised standards of the City. Such drawings, specifications, and general conditions are on file in the office of the City Engineer and shall be kept for Public distribution in accordance with established fee schedules. In connection with land alteration work, deviations from the requirements of these standards will be permitted based upon written reports and recommendations by Qualified and recognized authorities sub.iect to review and approval by the City Engineer, 27.12.160 Qualification to do work --Property owner. Any person 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 authorized by Permit as a result of a Property owner's application shall be supervised or Performed Personally by the property owner. 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 a civil engineer, licensed land urveyor, or the civil Engineer of work Chapter 27.16 Grading Ordinance 5 Title 27 27.16.020 Grading under standard land alteration Permit. Should the subdivider desire to do certain land alteration work Prior to entering into an gareement with the City to install and complete all subdivision and land alteration work, he may make application to do so under a standard land alteration Permit. This application shall be accowyenied by detailed Plans and specifications based upon the approved tentative maP and in conformity with the Provisions of Sections 27.12,030 through 27.12.100. A quantity and cost estimate based upon such plans and specifications shall accompany the application. This permit shall be acted upon by the City Engineer. Chapter 27.20 27.20,010 Permit not required when. A. Land alteration will be exempt from regulation under this title when it conforms to the following description; provided, however, that whenever a portion of a land alteration project fails to comply with any one of the exemption provisions of this section, other than Subdivision 4 of this subsection the entire project shall be considered as nonexempt land alteration: 2. The making of excavation on any site or contiguous sites held under one ownership, which Produces a final cut face not exceeding one and one half feet in vertical depth at any one point, and in which the cut face does not extend below the angle of repose at natural slope of the soil as measured from a Point one foot inside the exterior property line; 3. The making of embankment on any site or contiguous sites held under one ownership, in which all of the following are found to exist: a. None of the embankment exceeds one and one half feet in vertical depth. 4— Excavation for foundations of buildings, structures, basements, cellars. swimming pools, or basins which are authorized by appropriate permits obtained from the Building and Safety Department; provided such excavation does not affect public Property or rights -of -way and no public interest is involved. e. The total depth of embankment does not exceed one half foot. S. Minor alteration and remodeling to an existing structure as determined by the City Engineer. Grading Ordinance Title 27 Chapter 27.24 BONDS 27,24.050 Completion of work by City. In the event that'the principal or surety fails to complete such work within the time specified in the notice designated In Section 27,24.040, or fails to deposit the estimated cost Plus twenty-five Percent with the City, the City Engineer may cause the required work to be completed. The Pr i nc i pa l and the surety sha 1 1 be 1 i ab 1 e for the cost of completing such work. 27,24.110 Bond amount. C. The amount of any performance bond shall be determined as follows: for appurtenant structures, one hundred percent of the estimated cost of, grainage facilities or other grading appurtenances. For grading and slope Planting, twenty-five percent of the estimated cost or ten thousand dollars whichever is less; This amount may be varied by the City Engineer to fit conditions which are unusual in his opinion. ADMINISTRATION 27,28,140 Nall$ 27,28,155 Stockpiling And Mining 27,28,035 Work without permit. Any work done without a permit when a permit is required by thls chapter is unlawful and a public nuisance. The City Engineer or City Building Official may issue a stop work notice upon determination that a public nuisance is taking place. Upon order of the City Council, the City Attorney shall commence necessary Proceedings for the abatement, removal and/or enJoinment of any such Public nuisance in the manner Provided by law. Any failure, refusal or nealect to obtain a Permit as required by this chapter shall be prima facie evidence of the fact that a Public nuisance has been committed in connection with the work begun or done contrary to the Provisions of this chapter. 27.28.037 Belated Permit --Double fees. If a work commenced or done for which a permit is required by this chapter before a permit is obtained, the Permit fee shall be doubled. The Payment of such double fee shall not waive compliance with this chapter. Such double fee is not a Penalty but is a payment to defray the added costs or special inspections required for enforcement of the Provisions of this chapter in such cases. The imposition or Payment of such Grading Ordinance 7 Title 27 double fee shall not prevent the imposition of a penalty. 27 28.045 Grading designation. Grading involving less than 2000 cubic yards may be designated "regular grading" upon recommendation of the civil Engineer and approval of the City Engineer. Grading involving 2000 or more cubic yards shall be designated as "engineered grading". The City Engineer may Provide supporting documentation Providing prior to approval of a change of designation. "Engineered grading" shall only be performed by a grading or excavation contractor licenced to perform engineered grading. 27.28.090 Plans to accompany application. 4. Location of any buildings or structure within the land alteration boundaries and the location, and elevation of any buildings, structures or vacant properties which are contiguous to the boundaries of the proposed work. 27.28.120 Time limits. B. If the extension is for longer than one hundred and eighty days, the permittee shall pay a proration of the original fees based on the uncompleted portion of the original work. This payment is not a penalty, but is intended to defray the expense of the longer period of inspection for the work. C. Working hours shall be in conformance with City of Palm Desert Ordinance Number 420. 27.28.140 Walls. The director shall be responsible for review and approval of wall design, height, and location. All retaining walls 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 lot(s) and where providing for drainage privacy, security, and/or views of the adjacent lot(s) with fills exceeding one and one half 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 require -pads to be set at street grade or lower to prevent fills greater than one and one na!f feet in height. providing that at least one of the following conditions are met: 1_ A .landscaped berm at least eighteen inches nigh, as measured from the flow line of the concrete flutter or edge or asphalt paving, is constructed between the street and structure 2_ All roof drain!ge_shall be carried to the street by drainage pipe; 3. A satisfactory _easement, subject to the approval of the City Attorney and City Engineer is obtained to drain the rear yard; or an engineered sump or drvwell, subject to the approval of the Cit Engineer, is constructed to accommodate rear vard drainage. Grading Ordinance 9 Title 27 Chapter 27.36 APPEALS AND VIOLATION 27.36.020 Violation. Any land alteration commenced or done contrary to the provisions of this title shall be, and the same is declared to be, unlawful and a public nuisance. The City Engineer or City Building Official may issue a stop work notice upon determination that a public nuisance is taking place. Upon order of the City Council, the City Attorney shall commence necessary proceedings for the abatement, removal and/or en.ioinment of any such public nuisance in the manner provided by law. Any failure, refusal or neglect to obtain a permit as required by this title shall be prima facie evidence of the fact that a public nuisance has been committee in connection with any land alteration commenced or done contrary to the provisions of this title. 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 12th day of November., 1987, by the City council of the City of Palm Desert, California, by the following vote, to wit: AYES BENSON, CRITES, SNYDER, WILSON, KELLY NOES NONE ABSENT NONE ABSTAIN NONE of i RICHARD S. KELLEY, MAYOR City of Palm Desert. Cali /Ornia ATTEST: SHEILA R. GILLIGAN, CITY CL K City of Palm Desert, Cal ornia Grading Ordinance Title 27 C. If a satisfactory agreement with respect to the requirements of this section cannot be reached and signed between the lot developer, property owners, and adlacent neighbors, the decision is automatically placed on the next City Council agenda for review. 27.28.155 Stockpiling and Mining. A. Stockpiling of appropriate fill material will be allowed for a period no longer than six months with a six-month extension for a maximum of twelve months under the following conditions: 1. The applicant shall have an approved grading plan. 2. The applicant provides a cash deposit for potential site restoration of in an amount to be determined by the City Engineer. 3. Should the City of Palm Desert have a construction protect which necessitates stockpiling, the stockpiled material shall be removed upon completion of the project. All material stockpiled shall be maintained in such a manner as to not cause a public nuisance. The applicant shall agree to take any corrective action necessary to eliminate the public nuisance. In the event any required corrective action is not accomplished by the applicant, the City of Palm Desert will use its forces or a contractor to accomplish the remedial action. The cost of such remedial action, including Attorneys fees and costs, shall be the responsibility of the property owner. B. The mining of material shall be done by the following methods: 1. A topographic survey shall be done before any mining occurs, and the applicant shall provide the City Engineer with an engineering design and calculation showing the existing and ultimate topography. 2. Before any mining occurs, a cash deposit for potential site restoration by the City sha 1 1 be pa i d along with the appropriate fees. These costs shall be determined by the City Engineer and approved by the City Council. 3. The permit shall be issued for a one-year period. The applicant shall provide updated information when applying for renewal. 4) The applicant shall be responsible for clean up of debris caused by the mining operation and/or transportation of the mined material at all site access points and on the streets adlacent to the site. C. Permits for either stockpiling or mining will be in the form of a standard City grading permit. Chapter 27.32 FEES 27.32.030 Refunds. Ninety percent of the fee for a land alteration permit shall be refundable if no inspections have been done by the City and the work Is abandoned.