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Home My WebLink About11. Intro Ord Amend Sec 8730 Grading Reg, Art VIII, DMC Chpt 8 by Adpt 2019 CA Bldg Code Appen J w-Local AmdsRUM i U. APPROVED BY T: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY MANAGER FROM: OFFICE OF THE CITY MANAGER Y: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: SEPTMBER 22, 2020 r • k, FebruaryIn 1' 1 the City Council•a • -• the California Building Codes.The State of . • . does not adopt the grading chapter of the California Building Codes therefor the City Council of Downey needs to adopt its own grading regulations. codes The Grading Regulations have not been updated since July 14, 1998, and some of the referenced our -r r; •a not exist anymore.requested that a sectionbe added to the Downey Administrative Building and Housing Code to provide clarification that the unpermitted structures or systems section applies to all types of additions and alterations. The Downey Residential••- section is to provide clarificati• r dwelling l • additions are exempt from-• • soils reports. FrR�,A SEPTEMBER 22, 2020 PAGE 2 Amendment to Section R401.4 of the Downey Residential Code requires modifications to be based on their specific local geologic, climatic, and topographic conditions. All local amendments must be substantiated with findings, per California Health & Safety Code Section 17958. For the City of Downey, the "Building Code" is contained within Article V111 of the Municipal Code. The Building Standards Commission does not adopt grading regulations; therefore the City Counci. of Downey needs to adopt its own grading regulations. Um - SECTION 8730 Adoption of California Building Code Appendix J with amendments. SECTION 8731-8737 Amendments to Appendix J. The amendments are for permit, inspections, fees, refunds and drainage requirements. SECTION 8999.18 2-il 241ifiicvs t# existiAg siAgle f2mily residences do not require soils reports. SECTION 8999.44.5 Add new section for unpermitted structures and systems need permits by building divisil Economic Vibrancy Qualitv of Life. Safetv -id hifrastructure FISCAL IMPACT ATTACHMENTS A — Ordinance for New Downey Grading Regulations, Amendments to Downey Residential Co and Downey Administrative Building and Housing Code Ordinance i faults. Improved standards are necessary to ensure that maximum safety is provided to persons and property. B. Previous earthquakes have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. This situation creates the need for both additional fire protection and automatic on -site fire protection for building occupants. 001 :4 W-11 10 04 awe] 4• 1 i I so SECTION 1. Section 8730 ("Grading Regulations") of Chapter 8 ("Floodplain Management, Grading and Paving") of Article Vill ("Building Regulations") of the Downey Municipal Code is amended in its entirety to read as follows: SECTION 8730.01 — Adoption by reference of California Building Code Appendix J. Except as provided herein Appendix J of the 2019 edition of the California Building Code, (California Code of Regulations, Title 24, Part 2), based upon the 2018 International Building Code are hereby adopted by reference as fully set forth herein, and shall constitute and is hereby established as the "Downey Grading Regulations". A copy of the 2019 Edition of the California Building Code is on file in the Building and Safety Division and the Office of the City Clerk for use and examination by the public. SECTION 8730.02 — SECTIONS J 103.1 of the 2019 Edition of the California Building Code is amended to read as follows: 1-F.9 Eno SIZZON-101011111ve 8. Cut and fill less than fifty (50) cubic yards and placed on natural terrain with a slop flatter than five (5) horizontal to one (1) vertical, or less than three (3) feet in depth, not intend to support structures, which do not exceed fifty (50) cubic yards on any one lot and does not obstruct a drainage course. SECTION 8730.04 — SECTIONS J 104.1 of the 2019 Edition of the California Building Code is I arrLpticled to read as follows: J 104.1 — Submittal requirements. In addition to the provisions of Section 8999.28.3, th;-- f. pplicant shall state the estimated quantities of excavation and fill. SECTION 8730.05 — SECTIONS J105.1 and J105.2 of the 2019 Edition of the California Building Code is amended to read as follows: J105.1 — Inspections. Inspections shall governed by section 8999.38 of Downey Municipal Code. 0 i 9 i 0 U-11CIM J105.2 — Special Inspections. Special Inspections shall meet the requirements of section 1704 of California Building Code. SECTION 8730.06 — Section J 111 is added to Appendix J of the 2019 Edition of the California Building Code to read as follows: J111 Fees. J 111. 1 Payment of Fees. A permit shall not be valid until the fees prescribed as set forth :n the City of Downey Schedule of Fees have been paid, nor shall an amendment to a permit be -eleased until the additional fee, if any, has been paid. J1 11.2 Schedule of Fees. On excavation and/or fill requiring a permit, a fee for each permit shall be paid as required, in accordance with the Schedule of Fees established by resolution of the City Council. J1 11.3 Work Commencing Before Permit Issuance. Any person who commences any work on grading before obtaining the necessary permits shall be subject to an investigation fee io be made before any permit may be issued for such work. An investigation fee in addition to the permit fee shall be collected whether or not a permit is then or subsequently issued for the illegal work. The investigation fee shall be equal to the amount of a permit fee required by this chapter for the commenced or completed work as set forth in the City adopted fee schedule. The payment of such investigation fee shall not exempt any person from compliance with all *ther provisions of this title or Downey Municipal Article VI I I Chapter 5-33, nor from any penalty prescribed by law. �9ECTION 8730.07 — Section J1 12 is added to Appendix J of the 2019 Edition of the Californis. Building Code to read as follows: J112 Refunds. J1 12.1 The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. J1 12.2 The Building Official may authorize the refunding of not more than eighty (80%) percent of the grading permit fee paid when no work has been done under a permit issued in accordance with this title. The Building Official may authorize the refunding of not more than eighty (80%) percent of the plan review fee paid when an application is withdrawn or canceled before any plan reviewing has been started. J1 12.3 The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than one hundred eighty (180) days after the date of fee payment. SECTION 8730.08 — Section J1 13 is added to Appendix J of the 2019 Edition of the California Building Code to read as follows: Subsurface Drainage — Cut and fill slopes shall be provided with subsurface drainage as necessary for stability." SECTION 2. Article VIII ("Building Regulations"), Chapter 13 ("Downey Residential Code") is amended to add Section 8999.18 amending Section R401.4 of the 2019 Edition of the California Residential Code and supported by the findings set forth above to read as follows: Section R401.4 of the 2019 Edition of the California Residential Code is herebi amended to read as follows: R401.4. Soils Test. Soil's investigations are required for all new structures and shall b�., conducted in accordance with California Building Code Sections 1803.3 through 1803.5. Exception: 1 . The building official shall be permitted to waive the requirements for a geotechnical investigations where satisfactory data from adjacent areas is available that demonstrates an investigation is not necessary for any of the conditions in California Building Code Sections 1803.5.1 through 1803.5.6 a Sections 1803.10' 2. Additional structures on the same lot as an existing single family home or ar addition to an existing single family residence." SECTION 3. Subsection 8999.44.5 is added to Article Vill ("Building Regulations"), Chapter 14 ("Downey Administrative Building and Housing Code") Section 8999.44 ("Violations") to read as follows: "8999.44.5 — Unpermitted Structure or System; Violation. Ro person shall own, use, occupy, or maintain an unpermitted structure or system. For purposes of this Chapter, "unpermitted structure or system" shall be defined as any building or structure, electrical system, plumbing system, or mechanical system or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished, or equipped, at any point in time by any person, without the required permit(s) having first been obtained from the Building Official or with a valid permit as issued by the Building Official which subsequently expired and became null -and -void." SECMON 4� CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. The City Council hereby directs City staff to file a Notice of Exemption with the Clerk of Los Angeles County within five (5) days of the adoption of this Ordinance. SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. 49WW 0 1 ;hlej MARIA ALICIA DUARTE, CIVIC City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES) s CITY OF DOWNEY ) I I HEREBY CERTIFY that the foregoing Ordinance No. 20- was introduced at a Adjourned Regular Meeting of the City Council of the City of Downey held on the 22nd day of September, 2020, and adopted at a regular meeting of the City Council of the City of Downey held on the 13 th day of October, 2020, by the following voo wit: Fla 1-1-11F.11 10 �Irelwffifl I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. 20-_, was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on i2020, (after introduction), and on 1 2020, (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates. FOTJO City Clerk