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Home My WebLink AboutOrdinance 1247 - Civil EngineeringOrdinance No. 1247 CITY OF PALM DESERT CITY MANAGER'S OFFICE STAFF REPORT REQUEST: Approve Eight Ordinances Updating Various Municipal Code Sections SUBMITTED BY: David J. Erwin, City Attorney DATE: September 13, 2012 CONTENTS: Technical Municipal Code Revisions Staff from the various departments and the city attorney's office have done a comprehensive review of the city's municipal code to identify technical, largely non - substantive changes that (1) conform the code sections to current law; (2) conform the code sections to current practice in the city; and (3) make the code sections internally consistent. The ordinance revision package on the agenda contains eight proposed ordinances, each of which change multiple Municipal Code Sections. The eight ordinances contain changes to code sections that deal generally with the following subject matters: 1. City Offices 2. Conduct of Council Meetings 3. Property Maintenance Issues 4. Peddling and Solicitation 5. Art in Public Places 6. Noise Control 7. Civil Engineering 8. Traffic Issues MEETING DATE (J l — l �� [] TINUED TO PASSED TO 2ND READING U 9 aLZ 72500.00001 \7568883.1 ORDINANCE NO. 1 247 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS, 26.24.220, 26.28.050, 26.49.060, 27.12.015, 27.12.045, 27.28.120, ADDING SECTION 27.12.056 AND DELETING SECTION 27.12.067 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA DEALING WITH CIVIL ENGINEERING The City Council of the City of Palm Desert, California does hereby ordain as follows: SECTION 1. That Section 26.24.220 of the Code of the City of Palm Desert, California, be and the same is hereby amended to read as follows: "26.24.220 Approval bV the city Upon the receipt of the final map and other data submitted therewith, the city engineer shall refer the map and data to the appropriate city departments, who shall examine them to determine the following: 1. That the subdivision as shown is substantially the same as it appeared on the approved tentative map, and any approved alterations thereof.. r p Fposes of this s r)n "si bstaRtiollythe same" meaRS OR o let try lot basis that gFade elevatiOR shall net thaR SiX iRGhes plus or minus that shOWR OR the approved ter I - 2. That all provisions of law and of this chapter applicable at the time of approval of the tentative map have been complied with; and 3. That the map is technically correct. A report of all findings shall be given to the city engineer. If the city engineer, upon review of reports received, so determines the criteria of this section, he shall certify thereto on the map. If the city engineer does not so determine, he shall advise the subdivider of the changes or additions necessary to enable him to make such determination, and shall afford the subdivider an 72500.00001 \7545437.1 opportunity to make such changes or additions. The city engineer shall submit his report to the council within twenty days following the satisfactory submission of the final map and accompanying documents by the subdivider. The report shall be considered to be submitted when the matter has been scheduled on a council agenda by the city clerk SECTION 2. That Section 26.28.050 of the Code of the City of Palm Desert, California, be and the same is hereby amended to read as follows. "26.28.050 Types of surety. Surety may be one of the following types subject to the approval of the council as to type and the city attorney as to form: A. All bonds shall be executed by a surety company authorized to transact a surety business in California; B. In lieu of the faithful performance and payment bonds, the subdivider may submit cash deposits under the conditions described in this subsection. Disbursements from cash deposits shall be made in accordance with separate agreement between the subdivider and the city. C. In lieu of the faithful performance and payment bonds or cash deposits, the subdivider may submit instruments of credit under the conditions described in this subsection. Such instruments of credit shall be issued by a financial institution subject to regulation by the state or federal government in a form and content as approved by the city attorney, and shall pledge that the funds necessary to meet the performance are on deposit and guaranteed for payment and agree that the funds designated by the instrument shall become trust funds for the purposes set forth in the instrument. An instrument of credit shall be accompanied by a current statement of assets and a resolution of the board of directors of the responsible organization authorizing the issuance and the amount of the letter. An instrument of credit shall be accompanied by a statement setting forth the date upon which the responsible organization was established." -2- 72500.00001\7545437.1 SECTION 3. That Section 26.49.060 of the Code of the City of Palm Desert, California, be and the same is hereby amended to read as follows: "26.49.060 Required On -site Retention. D e velepffieRtS Of teR gFess aGFeser mere preyide S Uffiniont e stermwater retentien and/or retaFdatiGR se as te limit peak FuReff dwFing a storm ha i tweRty-five year intensity to a Fate ne gFeateF thaR that whiGh would have A_thP--n.Afi-Q-e Developments or redevelopments of one gross acre or more in size shall be designed to retain the storm water from a 100-year, 24-hour, duration storm on site." SECTION 4. That Section 27.12.015 of the Code of the City of Palm Desert, California, be and the same is hereby amended to read as follows: "27.12.015 Grading permit requirements. This section shall apply as follows: A. Plans and Specifications. Each applicant for a 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. B. Plans shall be drawn to scale of one inch equals twenty feet or as approved by city engineer upon mylar or vellum sized at twenty -four -inches by thirty -six - inches ^r thirty inches by f.,rtV_tWG-iRGhe and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that the work proposed will conform to the provisions of the code and all relevant laws, ordinances, rules and regulations." SECTION 5. That Section 27.12.045 of the Code of the City of Palm Desert, California, be and the same is hereby amended to read as follows "27.12.045 Control of building pad elevation. .The elevation of finished building pads shall be controlled in the following manner: -3- 72500.00001\7545437.1 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 above the top of curb elevation, measured 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 above the crown line elevation of the street, measured at the lowest point along the lot frontage, and be compatible with surrounding adjacent 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 adjacent properties as determined by the city engineer. C. Where the property is subject to a Tentative Tract Map or a Final Tract Map that provides elevations for the property to be graded the pad elevations shall conform to the applicable approved map. If the proposed elevations vary more than six inches from the elevations of the approved map, the revised elevations must be approved through the same public hearing process, if any, through which the map was originally approved." SECTION 6. That Section 27.12.056 of the Code of the City of Palm Desert, California, be and the same is hereby amended to read as follows: "27.12.056 Required on -site retention. Developments or redevelopments of one acre or more in size shall be designed to retain the storm water from a 100-year, 24-hour, duration storm on site." SECTION 7. That Section 27.12.067 of the Code of the City of Palm Desert, California, be and the same is hereby deleted in its entirety as follows: M 72500.00001\7545437.1 SECTION 8. That Section 27.28.120 of the Code of the City of Palm Desert, California, be and the same is hereby amended to read as follows: "27.28.120 Time limits. A. The time period in which the work is to be begun and completed will be specified on the permit if other than one hundred eighty days. If the time period is not indicated, it shall be one hundred eighty days. If the permittee is unable to complete the work within the specified time, he may request in writing to the city engineer an extension of time. The city engineer may grant extensions as he deems appropriate and may add conditions to the extensions as he deems appropriate. B. If the extension is for longer than one hundred 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. SECTION 9. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. -5- 72500.00001 \7545437.1 PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this day of , 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BOB SPIEGEL, MAYOR ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California Ia 72500.00001 \7545437.1