HomeMy WebLinkAbout38.3 ORDINANCE #38.3
ORDINANCE OF THE CITY OF SARATOGA
AMENDING THE SARATOGA CITY CODE BY
ADDING ARTICLE V TO CHAPTER (3),
ENTITLED "EXCAVATION AND GRADING",
BY ADOPTING CERTAIN PROVISIONS OF
THE 1964 'EDITION OF THE UNIFORM
BUILDING CODE BY REFERENCE.,
The City Council of the City of Saratoga does hereby ordain as
follows:
Section 1: There is hereby added to Chapter (3) of the Saratoga
City· Cede, which Cede was adopted by Ordinance #38 of
this City, the following Article V.
jARTICLE V. EXCAVATION AND GRADING:
Section 3-40: The provisions of Chapter 70, consisting Of Sections
.7001 through and including 7020 of the Uniform Building
Cede, 1964 Edition, published by the International Conference of
Building Officials, except for the additions, deletions or amend~
ments provided in this ArtiCle,' are hereby adopted and made a part
hereof, the same as if fully set forth in this Article. 'Three copies
of said 1964 Uniform Building Cede have been filed for use and exami-
.nation by the public in the office of the City Clerk of the City of
Saratoga.
Section 3-41: Same - Amendmentsf deletionsf etc.
The following additions, deletions, and a~n~ents are'
hereby made to Chapter 70 of the Uniform'Building Cede
above referred to:
.(A). Section 7003 Amended. Section 7003 is hereby amended by
changing subsection.(1) to read as follows: I~ ~
1. An excavation which (a) is less than three feet (3') in
depth, or (b) which does not create a cut slope greater
than five feet (5') in height and steeper than one and
one-half horizontal to one vertical.
Section 7003 is hereby further amended
by deleting therefrom subsection (5) relating to mining~
quarrying, excavating, etc., and adding the following
· new exceptions in place thereof:
5. ExcavatiOn or grading for the construction or maintenance
of any pipe, drainor conduit along or across any public
street, road or highway in the' City, for which a permit
has otherwise been obtained ~n accord with Article iV
of Chapter 13 of the Saratoga City Cede.
(B) Section 7005 Amended.. Section 7005 is hereby amended by
adding theretO the following additional definitions:
CIVIL ENGINEER is a Professional Engineer registered aS
a Civil Engineer in the State of California.
· SOILS ENGINEER is a Civil Engineer registered in the
State of California and qualified in the field of soils
engineering.
(B) Section 7005 Amended (Cont'd}
EXCAVATION AND GRADING COMMITTEE is a committee composed
of the Building Official, Director of Public Works, and
Planning Director of the City.
The definition of GRADING in Section 7005 is hereby amended
to read as follows:
GRADING is any excavation or .filling or combination thereof,
including without limitation any act by which earth', dirt,
minerals or other similar materials or combinations thereof
which the land contains orof which the land is composed,
is cut into, dug,.quarried, uncovered, removed, bulldozed,
displaced, or relocated, and including mining, quarrying,
excavating,'prOcessing or stockpiling or any of said
materials.
(C) Section 7006Amended. Section 7006 is hereby amended by
.. adding to subsection (a) the following:.
A subdivision on which all grading is performed as
a Unit shall be considered a single site.
Section-7006 is hereby further amended by modifying subsection
(b) 3 to read .as follows:
(b)'3 Location of any buildings or structures on the
property where the work is to be performed and
the location of any building or structure on
land of ad3acent property owners which are within
.I fifteen feet (15') of the limits of the proposed
excavation'and/or fill.
Section 7006 is hereby further amended by modifying subsection
(b) 6 to read as follows:
(b) 6 An estimate of the quantity of excavation and fill
involved and estimated starting and completion
dates.
(D) SectionT007 Amended. The second sentence of SeCtion 7007 (c)
is hereby amended to read as follows:
If no time limit is specified, the permittee shall com-
plete the Work within 180 days after date of the issuance
o'f the grading permit.
Section 7007 (e) 2 is hereby amended to read as follows:
(e) 2 .Requirements for fencing or other approved pro-
tection of excavations or fills which would
otherwise be hazardous.
(E) Section 7008 Amended.' Section 7008 is hereby amended by
adding thereto subsection (c) to
read as follows:
(c) VIOLATION OF OT~ER ORDINANCES:
The building official shall not issue a grading
permit for any grading as a building lot or s~te
unless all proposed uses shown on the grading
(E) .Section 7008 A~ended.. (Cont'd)
· plans for th~ lot or site will comply with all
provisions of the zoning ordinance and the sub-
' division ordinance, as amended, of the City, and
all othe~ provisions of the Saratoga Municipal COde.
].' Section 7~08 is. further amended by adding thereto subsection
~ , .,E (d) as follows:
" (d) Approval of Excavation and Grading-Committee.
· ,.~.~.~ .~.'... PriOr to issuing a grading permit, the building
~' ~" ~'-." " officialshall first refer the application for
.. ..' . Committee for review unless the permit requested
'.?'2 "~' ~ is for excavation in accord with a previously
'~" j approved grading plan or site development plan,
' which committee shall study said application and
.~.- .. the proposed excavation or grading and determine
· '. ,:. whether the same compl'ies with all the provisions
· .~"' of this section 7008 and with this Chapter 70.
~.. .. The building official shall not issue a grading
" . . -.-. Rermit without the prior affirmative finding and
:-" ' recommendation of the aforesaid committee.
.'. (F)."Section 7011Amended. Section 7011 is hereby amended by
· .', '.~ changing'subsection (b).to read
'~ · "(b) brainage Terraces. Cut slopes exceeding forty feet
=". ' ' ~ ~, , (40') in vertical height shall be
.~ .{~ '-~ terraced at their approximate mid-height. Drainage
· '."" ~." terraces are to bea minimum of four feet (4') wade,
! ~= ~ .. provided with approved protective surfacing and
' " must carry water to a safe disposal area. Terraces
shall'be· cut every thirty feet (30') vertically,'.
.. except that.where only one terrace is required,'
.';. - it.shall be at mid-height. .
· " (G) "Section 7Q12 Amended. Section' 7012 is hereby amended by
' changing subsection (d) to read
·. as E011ows:
,. , ~(d)"~Fill Material.. No organic material shall be per-
. " .. mitted in fills. Except as permittedby the
-'. Building Official, no rock or similar irreducible
~ material with a maximum dimension greater than
"~ eight inches (8") shall be buried or placed in
~ "' " fills within two feet .(2') of final grade.·
Section 70i.2 is further amended by 9hanging subsection (e)
to .read as follows:
(e)'Drainage Terraces. All fill slopes in excess of
thirty feet (30') vertical height
shall have drainage terraces at vertical intervals
not exceeding twenty-five feet (25') except that
where only one terrace is required, it shall be at
mid-height. Such terraces shall drain into a
paved gutter, pipe aMother watercourse adequate
to convey the water to a safe disposal area. The
terrace shall be at least four feet (4') wade and
shall be provided with approved protective surfac-
ing.
(H) Section 7013 Amended. Section 7013 is hereby amended by
changing the first 9aragraph to
read as follows:
· ~- . CUts and 'Fills shall be set back frc~ property lines
and buildings shall be set back from cut or fill slopes
in accordance with Figure No. 1 (Revised). Retaining
walls may be used to reduce the required Set back when
approved by the building official.
. ' -(~.~ .Section 7014"Amended. Section 7014(a) is hereby amended
to read as follows:
-(a) Disposal. All drainage facilities shall be designed
- - ' tO carry surface waters to the nearest practical
t ?-]I~ iI~. . street, storm drain or natural watercourse
~'- approved by the Building Official and/or.other
appropriate governmental agency, as a safe place
· ' to deposit such waters. At least One per cent
grade toward the approved disposal area will be
required for building pads, except as waived by
the puilding Official for non-hilly terrain.
Sectiont7014 (c) is hereby amended to read as follows:
(c) Terrace Drains. All swaleS or ditches on dra~n-"
age terraces shall be graded to provide suitable
drainage and designed to prevent erosion.
If the drain discharges onto natural ground,
riprap may be required.
(J) Section 7016 Amended. Section 7016 (a) is hereby amended to
read as follows:
(a')' SUPERVISED GRADING REQUIRED. All grading in
~'~.r~. excess of 1,000 cubic yards shall be performed
...... under the supervision of a Civil Engineer and
-.-.- shall be designated "Supervised Grading".
" '-'- Grading not supervised in accordance with this
Section'shall be designated "Regular Grading".
For grading involving less than 1,000 cubic
"~ ~ards, the permittee may elect to have the grad-
.. ing performed as either supervised or 'regul'ar
grading..
~K) Section 7019 Amen'ded. Section 7019 is hereby amended by
changing the reference in the second
"' paragraph thereQf from Section 7007 (d~ (1), to 7007 (e)
' ' (n) Section 70~0 Amended: Section 7020 (a) is hereby amended'
to read as follows:
! .... (a) 1. The supervising civil engineershall certify
that all grading, lot drainage,.and drainage
facilities have been completed in conformance
with approved plans and this Chapter, and
shall furnish a final grading plan of-the
' completed work.
2~ 'The soils engineering reports shall include
- ~ certification of soil bearing Capacity,
summaries of field and laboratory tests,.
location of tests, and shall'show limits
' of compacted f~ll on a final grading plan.
]"~.5~ 3.'. The engineering geology reports shall be
. ~- -.. based on the final grading plan and shall
include specific approval of the grading
' as affected by geological factors. P~ere
~ necessary, a revised geologic map and cross
.'2- sections, and any recommendations regarding
.. building restrictions or foundation setbacks
__~hall.be include~.
Section 3-42: Penalties. Any person violating any of the pro-
visions of this Article or of the pro-
visions of the 1964 Uniform Building Code incorporated and adopted
herein by reference, shall be deemed guilty of a separate offense
for each day or portion thereof during which the violation is
committed, continued or permitted, and upon conviction of any such
violation, such person shall be punishable as provided in Section
1-7 of this Code. .
.~uction 2: If any section, subsection, sentence, clause, phras~
or portion of this ordinance is for any reason held
to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, 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.
Section 3:' ·This Ordinance shall take effect thirty days after
its passage and adoption.
This ordinance was regularly introduced, and after the waiting
time required by·law, .and after public hearing held thereon by the
City Council of the City of Saratoga on the 15th day of ~ly ,1964,
was thereafter passed and adopted" at a regular meeting of said City
Council held on the 15t~ ~ay of. Jely , 1964, by the following
vote: ..
AYES: Councilmen Drake,· Hartman, Tyler, 'Burry
NOES: . None
ABSENT: Councilman Glennon '
_-:~-~ ~ PRO TEM