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HomeMy WebLinkAbout38.24 ORDINANCE NO. 38. Z4 AN ORDINANCE OF THE CITY OF SARATOGA'ENDING THE SARATOGA CITY CODE AND THE UNIFORM BUILDING CODE THEREIN ADOPTED BY REFERENCE, BY MAKING CERTAIN AMENDMENTS, MODIFICATIONS AND ADDITIONS TO CHAPTER 70, ENTITLED '~XCAVATION AND GRADING" OF THE UNIFORM BUILDING CODE, AND PROVIDING FOR RIGHT OF ENTRY TO BUILDINGS The City Council of the City of Saratoga does hereby ordain as follows: Section 1: Reference is hereby made to the provisions of Chapter 70, consisting of Sections 7001 through and including 7020 of the Uniform Building Code, 1964 Edition, which provisions, with certain additions, deletions and amendments, constitute Article V, captioned "EXCAVATION AND GRADING", of Chapter 3 of the Saratoga City Code, as added to said Code by Ordinance No. 38.3 of the City of Saratoga. Section 2: The following additions, 'deletions and amendments are hereby made to Chapter 70 of the Uniform Building Code referred to in Section 1 above: (A) Section 7003 Amended. Se'ction 7003 iS hereby amended by changing sub-section (1) to read as follows: ' 1. An excavation which (a) is less than three feet (3') in height, or (b) which does not create a cut slope greater than five. feet (5 ' ). in length along the slope and steeper than one and one-half horizontal to one .vertical. ' (B) Section 7003 AnOndad: Section 7003 is hereby amended by deleting and repaaling sub- section (3) therefrom, which sub-section thus repealed relates generally to an exception being made for basements and footings.~-~ (C) S..e.ction 700.5 Ame. nded: Section 7005 is hereby amended :5. by deleting therefrom, and repealing, the definition of Excavation and Grading Committee. (D) Section 7006 Amended: Section 7006 is hereby amended by modifying the first two (2) sentences of sub-section (b) to read as follows: With each a ~lication for a grading permit,' two (2) sets of plans and specifications shall be submitted. Except as waived by the Building Official, the plans shall be prepared and signed by a Civil Engineer registered by the State of California, and shall show'the following: -1- Section 7006 is hereby further amended by modifying the ~second sentence thereof to read as follows: Such reports shall include current data regarding'the nature, distribution, and strength of existing soils, type and depth of foundation support, allowable bearing capacity for such support, and recommendations concerning slope stability, as well as recommendations and conclusions for grading procedures, and design c~iteria for corrective measures if any are necessary. (E) ~ection 7007(g) Added: Section 7007 is hereby amended by adding thereto the following additional sub-section (g), to read as follows: SeCtion 7007(g). Stockpiling. If the grading consists only of the depositing and storing of fill material on a site, the Building Inspector may issue a temporary grading permit, to be designated a stockpiling permit, permitting, the stockpiling of such fill material without complete compaction, for a limited period of time, on condition that (a) at the expiration of said period of time, such fill material shall be completely removed by the permittee, or (b) in the alternative, that at the expiration of said period of time said permittee obtain a regular grading permit and cause said fill material to be properly compacted and made · a part of the site in accord with all the other provisions of this chapter. The Building Official may require a cash or surety bond from the applicant, as a condition precedent to the issuance of a stockpiling·permit, guaranteeing the removal, and/or the ultimate proper compaction, in accord with the foregoing. No plan checking fee shall be required for a stockpiling permit, save and except such time as, at the expiration.of such stockpiling permit, the permittee submits plans to obtain a regular grading permit and complete the installation and compaction of said fill material. (F) Section 7008 Amended: Section 7008 is hereby amended by adding to sub-section (c) the following sentence, to readLas follows: Any grading permit issued in violation of this section shall be void and of no force and effect. Section 7008 is hereby further amended by deleting and repealing sub-section (d) thereof, which sub-section relates to approval of an Excavation and Grading Committee. -2- · (G) Section 7009 Amedded: Section 7009 is ~ereby amended by '~ modifying the first two (2) sentences' thereof to read as follows: A plan checking fee shall be paid to-the City, and collected by the Building Official, before any plans or specifications are accepted for checking, and before the Building Official makes any field .check to determine the necessity of a grading permit. For excavation and fill on the same site, the fee shell be based on the volume of the excavation or fill, whichever is greater. Section 7009 isI further amended by l modifying Tables 70-A and 70-B to read as follows: TABLE NO. 70-A - PLAN CHECKING FEES 50 Cubic Yards or Less - $5~00 50 to 100 Cubic Yards -.$15.00 101 to 1000 Cubic Yards- $20.00' 1001 to 10,000 Cubic Yar~ - $25.00 10,001 to 100,000 Cubic Yards $25.00 for the first · ~ 10,000 Cubic Yards plus $10.00 for each additional 10~O00 Cubic Yards or fraction thereof. 100,001 to 200,000 Cubic Yards $135.00 for the first 100,000 Cubic Yards plus $8.00 for each additional 10,000 cubic yards or fraction'thereof. 200,001 Cubic Yards or more $215.00 for the first 200,000 Cubic Yards plus $4.00 for'each additional 10,000 Cubic Yards or fraction thereof. TABLE NO. '70-B - GRADIN~t'I~ERMIT FEES 50 Cubic Yards or less , $15.00 50 to 100 Cubic YardS.-1$20.00 .. 101 to 1000 Cubic Yards - $20.00 for the first 100 Cubic Yards plus $10.00 for each additional 100 Cubic' Yards or fraction thereof. 1001 to 10,000 Cubic Yards $110.00 plus $8.00 for " each additional 1,000 Cubic Yards or fraction thereof. 10,001 to 100,000 Cubic Yards $182.00 plus $36.00 for each additional 10,000 Cubic Yards or' fraction thereof. 100,001 Cubic Yards or more $506.00 plus $20.00 for each additional 10,000 Cubic Yards orfraction thereof. Section 7009 is further amended by repealing the following paragraph ofsub-section (b), which paragraph, hereby repealed, reads as follows: '~nything to the contrary hereinabove notwithstanding, no grading permit fee shall be charged or'collected when the construction is under the supervision of a Civil Engineer." It is the intention.of the above to again requir~ a grading permit fee when the construction is under the supervision of a CivilEngineer. -3- (H) Section 7015.1 Added: Section 7015.1 i~ hereby added to Chapter 70, above referred to, to read as follows: Section 7015.1. Variances from standards. The Building Official shall have authority to permit changes, modifications, deviations and other variances from the design standards set forth in Sections 7011, 7012, 7013, 7014 and 7015 above, upon his finding that an~ such change, modification or deviation will not detrimentally alter the.resultant stability and drainability in relation to the use to be made of the graded area. The Building Official may impose such conditions as appear reasonably necessary in order rosecure the objectives of this Chapter' on permitting any such change~. modification or deviation. (I) Section 7015Amended: Section 7015 is hereby amended by adding thereto the following · additional provisions: The bond required by Section 7010(a) of this Chapter shall include the cost of maintenance of said ground cover' planting until such time as said planting is well established, to be designated as a period of time from the date that the last of said ground cover is planted, said time element to be set forth on the face of th~ grading permit. (J) Section 7016 Amended: Section 7016 is hereby amended by adding thereto 'sub-section (e), to read as follows: Section 7016(e): ·Inspection of Supervised Grading. All supervised grading shall be subject to an inspection and approval as to compliance with this chapter and with all conditions of the grading permit, by City's Soils Engineer. All reference in this chapter to the Building Official shall mean and include City's Soils Engineer. Neither inspection nor approval by City's Soils Engineer . shall in any manner relieve the permittee from any obligations imposed by this chapter and the conditions of the permit. Section 3: Section 3-42.1 is hereby added to Article V of Chapter 3, of the Saratoga City Code, to read as follows: Section 3-42.1: Damaging graded lands: Itshall be unlawful for any person to directly or indirectly damage or destroy any ground cover, planting, berms, ,drains, drainage terraces, ditches, swales, riprap, or other drainage structures or erosion Controls~which'are planted or constructed pursuant to this Article or to the ~6~iB~6n~oofc~he 1964 Edition of the Uniform Building Code incorporated herein by reference, or pursuant to any site development plan filed in accord with Section 10 of the Subdivision Ordinance of the City of Saratoga. '4- · Section 4: Section 202(d), entitled "Right of Entry", ot Chapter 2 of the 1964 Edition of the · Uniform Building Code, as adopted by reference by Section 3-8 ~' of Article II, Chapter 3, of the Saratoga City Code, is hereby amended to read as follows: Section 202(d). Right of Entry. (I) The Building Official, or'his duly authorized representative, shall have the authority to enter any building or premises for the purpose of investigating the existence of suspected or reported damage or defects which constitute an irm~ediate danger to human life or an immediate hazard to public safety or. health. (2) ExCept in emergency situations as defined in Section 202(d) (1) of this Code, the Building Official, or his authorized representative, shall not enter any building or premises without the consent of the owner or occupant thereof, unless he possesses a reasonable search warrant authorizing entry and search of the premises. (3) NO person shall hinder or prevent the Building Official or his authorized repre- sentative, while tn the performance of the duties herein described, from entering upon and into any and all premises Under his jurisdiction, at all reasonable hours, for the purpose.of inspecting the same to determine whether or not the provisions of this Code and all other applicable laws or ordinances pertaining to the protection of persons or property, are observed therein. Section 5: If any~section, subseCtion, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections,subsections, sentences~ clauses or phrases be held invalid or unconstitutional. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Counci~ of the City of Saratoga, held on the 5th day of February , 1969, byethe following vote: ~ CITY CLERK -5- ~ ....