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Home My WebLink About03. Adopt Ord Amend Sec 8730 Grading Reg, Art VIII, DMC Chpt 8 by Adpt 2019 CA Bldg Code Appen J w-Local AmdsGRADING REGULATIONS AND MUNICIPAL CODE UPDATES OCTOBER 13, 2020 PAGE 2 therefore the soil has already been determined as being stable and being able to support this type of construction. This will assist homeowners with these types of construction projects. The update to Administrative Building and Housing Code Section 8999.44.5 reflects various code enforcement calls and situations dealing with the construction of unpermitted residential structures. To assist staff, contractors, homeowners, and property owners' staff is recommending providing specific text as reference in Section 3 of the attached Ordinance, providing a definition of unpermitted structures, and specifying that no person shall own, use, occupy, or maintain an unpermitted structure. The City Council introduced the ordinance at their September 22, 2020 City Council meeting, and thus are scheduling this matter for a public hearing at its October 13, 2020 meeting. Accordingly, a notice of the public hearing was published in the Downey Patriot for the hearing on this topic for the October 13, 2020 City Council meeting. 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 Vill of the Municipal Code. The Building Standards Commission does not adopt grading regulations; therefore the City Council of Downey needs to adopt its own grading regulations. MEJUMM • 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. • -1 . 04 - SECTION 8999.18 Amendment section R401.4 for clarification for ADU's and additions to existing single family residences do not require soils reports. SECTION 8999.44.5 Add new section for unpermitted structures and systems need permits by building division Economic Vibrancy Quality of Life, Safety and Infrastructure 11�;Irji 111111113 111111,11,131 I. MOM I U- OCTOBER 13, 2020 PAGE 3 ATTACHMENTS Attachment A: Ordinance for New Downey Grading Regulations, Amendments to Downey Residential Code and Downey Administrative Building and Housing Code Ordinance :91-1111el faults. Improved standards are necessary to ensure that maximum safety is provided to persons and property. I m =1:1 N Mai: We] :4 WE I 10 NAME 01 1=4 W-6=1111k,-M 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. iECTION 8730.02 — SECTIONS J 103.1 of the 2019 Edition of the California Building Code M 2mended to read as follows: I = 04THUMFP-174771 i i1el 1 6 iffflfl wine 91-4 is SECTIO11 8730.03 — SECTIONS number 8.is added to Appendix J section J103.2 under exemptions of the 2019 Edition of the California Building Code to read as follows: 8. Cut and fill less than fifty (50) cubic yards and placed on natural terrain with a slope flatter than five (5) horizontal to one (1) vertical, or less than three (3) feet in depth, not intended 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 amended to read as follows: J1 04.1 — Submittal requirements. In addition to the provisions of Section 8999.28.3, the applicant shall state the estimated quantities of excavation and fill. SECTION 8730.05 — SECTIONS J105.1 and J105.2 of the 2019 Edition of the Californi2 Building Code is amended to read as follows: J105.1 — Inspections. Inspections shall governed by section 8999.38 of Downey Municipal Code. r• i 0 • 12"T 4F J105.2 — Special Inspections. Special Inspections shall meet the requirements of section 1704 of California Building Code. SECTION 8730.06 — Section J1 11 is added to Appendix J of the 2019 Edition of the California Building Code to read as follows: J 111 Fees. J111.1 Payment of Fees. A permit shall not be valid until the fees prescribed asset for in the City of Downey Schedule of Fees have been paid, nor shall an amendment to a permi -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 • the City • 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 other provisions of this title or Downey Municipal Article Vill Chapter 5-33, nor from any penalty prescribed • law. ;gECTIO 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: J113 — Subsurface Drainage — Cut and fill slopes shall be provided with subsurface drainage as necessary for stability." SECTION 2. Article Vill ("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: 0 i I i 0 I X, Tel Elf, Section R401.4 of the 2019 Edition of the California Residential Code is here amended to read as follows: I 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 and 1803.11. 1 2. Additional structures on the same lot as an existing single family home or an 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. No person shall own, use, occupy, or maintain an unpermitted structure or system. For purposes of this Chapter, II 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, ot equipped, at any point in time by any person, without the required permit(s) having first beer. obtained from the Building Official or with a valid permit as issued by the Building Official which subsequently expired and became null -and -void." SE�LTIQN 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. more sections, subsections, phrases, or portions be declared invalid or unconstitutional. 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. RANim BLANCA PACHECO, Mayor MARIA ALICIA DUARTE, CIVIC City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES) sv CITY OF DOWNEY I AEREBT CERTIF'T 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 22 nd 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 Octobe020, 6� the following voteto wit: AYES: Council Members: NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member: I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. 20- published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on 7 2020, (after introduction), and on ) 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. City Clerk