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HomeMy WebLinkAbout0495ORDINANCE NO. 195 (1970 Series) AN ORDINANCE REGULATING THE CONSTRUCTION, ALTERATION, DEMOLITION AND /OR REPAIR OF ANY RETAINING STALL WITHIN THE CITY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, PRO- VIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR; AND PROVIDING FOR THE VIOLATION THEREOF. BE IT ORDAINED by the Council of the City of San. Luis Obispo as follows: SECTION 1. That Article VIII, Chapter 1, of the San Luis Obispo Municipal Code is hereby amended to add Part VIII as follows: (See attached Exhibit "A ") SECTION 2. If a section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, sub- section, sentence, clause or phrase thereof, irrespective of the fact that any eme or more sections, subsections, sentences, clauses and phrases be declared un- constitutional. SECTION 3. This Ordinance, together with the ayes and noes, shall be pub- lished once in full, at least three days before its final passage, in the Telegram- Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. INTRODUCED AND PASSED TO PRINT at a Regular Council Meeting on the 8th day of September , 1970, on motion of Councilman Blake , seconded by Councilman Spring , and on the following roll call vote: AYES: Councilmen Blake, Miller, Spring and Mayor Schwartz NOES: None ABSIIVT : Councilman Graham ATTEST: Exhibit "A" CHAPTER 1 - PART VIII - RETAINING WALLS SECTION 8180. 8180.1 8180.2 8180.3 8180.4 SECTION 8181. 8181.1 8181.2 8181.3 TITLE & SCOPE TITLE PURPOSE SCOPE DEFINITION ADMINISTRATION & ENFORCEMENT ADMINISTRATION APPEALS VIOLATIONS SECTION 8182. PERMITS, FEES & INSPECTIONS 8182.1 PERMITS REQUIRED 8182.2 ISSUANCE OF PERMITS 8182.3 PERMIT FEES 8182.'4 INSPECTIONS - 1 - Exhibit " 'A" CHAPTER 1 - PART VIII - RETAINING WALIS SECTION 8180. TITLE & SCOPE SECTION 8180.1 TITLE: This ordinance shall be known as the "Retaining Wall Ordinance"`, may be cited as such, and will be referred to herein as 'tthis Ordinance." SECTION 8180.2 PURPOSE: The purpose of this Ordinance is to provide minimum standards to safeguard life, property and public welfare by regulating and controlling the design, construction, quality of materials, location and maintenance of all retaining walls within the city. SECTION 81800 SCOPE: The provisions of this Ordinance shall apply to the construction, alteration, demolition and repair of any retaining wall within the city. Additions, alterations, or repairs to any retaining wall shall comply with the provisions for new walls. SECTION 8180.1 DEFINITION: Retaining Wall: any wall used to resist the lateral displacement of any material, City Engineer: shall mean the City Engineer of the City of San Luis Obispo and /or his designated representative. SECTION 8181. ADMINISTRATION & ENFORCEMENT SECTION 8181.1 ADMINISTRATION: This Ordinance shall be administered by the City Engineer. The Building Official, in the performance of his duties, shall notify the City Engineer whenever it is observed that the provisions of this Ordinance may be a requirement in the development and/or improvement of any lot or parcel of land within the City. The City Engineer shall have a right, in the discharge of his duties, for the purpose of making any inspection or reinspection, to enter onto any lot or parcel on which any work or construction is being conducted, which is governed or controlled by this Ordinance. The City Engineer shall have the authority to order a discontinuance of any work which is contrary to the provisions of this Ordinance, dangerous to life or property and /or being conducted in an unsafe manner. SECTION 8181,2 APPEALS: Any person, firm or corporation, aggrieved by a decision of the City Engineer may, within five (5) days after such..decision, appeal in writing to the City Council, - 2 w Exhibit "An SECTION 8181.3 VIOLATIONS: Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of an infraction. Each separate day or any portion thereof during which any violation of this code occurs or continues shall be deemed to constitute a separate offense and upon conviction thereof shall be punishable as provided in Section 1200 of the San Luis Obispo Municipal Code. SECTION 8182. PERMITS, FEES & INSPECTIONS SECTION 8182.1 (a) PERMITS REQUIRED: No person, firm, or corporation shall erect, construct, alter or repair any retaining wall within the City, or cause the same to be done, without first obtaining a separate re- taining wall permit for each such wall. Permits shall be obtained from the City Engineer. EKCEPTION: 1. Walls retaining two feet (21) or less of material and no higher than two feet (2t) above finish grade at outer face of wall, with a level backfill and no surcharge may be constructed without a permit.. 2. Walls constructed within the perimeter of a structure as an integral part of said structure shall not require a retaining wall permit. (b) APPLICATION: To obtain a permit, the applicant shall apply therefor on a form furnished for that purpose. Every such appli- cation shall: 1. Identify and describe the work to be covered by the permit for which application is made; 2. Describe the land on which the proposed work is to be done, by lot, block, tract, and street address, or similar description that will readily identify and definitely locate the proposed work; 3. Be accompanied by plans and specifications. 4. State the valuation of the proposed work. 5. Be signed by the permittee, or his authorized agent, who may be required to submit evidence to indicate such authority; 6. Give such other information as reasonably may be required by the City Engineer. -3 - Exhibit "A" (c) PLANS & SPECIFICATIONS: With each application for a retaining wall permit, three sets of plans, specifications, shall be submitted. The City Engineer shall require plans and specifications to be prepared and designed by an architect or engineer licensed by the State to practice as inch. All retaining walls shall be designed in accordance with accepted and approved engineering practices, taking into consideration all factors relating to retaining wall stability and the loads imposed thereon. EXCEPTION: The City Engineer may permit the use of City approved standard retaining wall designs or acceptable designs from Architects or Engineers Design Manuals and/or Handbooks. (d) INFORMATION ON PLANS AND SPECIFICATIONS: Plans and speci- fications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this Ordinance and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the street address of the work and the name and address of the owner and person who prepared them. Plans shall include a plot plan showing the location of the proposed wall and of every existing building on the property. Computations, stress diagrams, and other data sufficient to show the correctness of the plans, shall be submitted when required by the City Engineer. SECTION 8182.2 (a) ISSUANCE OF PERMITS: The application, plans, and specifi- cations filed by an applicant for a permit shall be checked by the City Engineer. Such plans may be reviewed by other departments of the city to check compliance with the laws and ordinances under their jurisdiction. If the City Engineer is satisfied that the work described in an application for permit and the plans filed therewith conform to the requirements of this Ordinance and other pertinent laws and ordinances, and that the fee specified in Section 8182.3(a) has been paid, he shall issue a permit therefor to the applicant. - 4 - Exhibit "A" When the City Engineer issues the permit, he shall endorse in writing or stamp on all sets of plans and specifications "APPROVED." Such approved plans and specifications shall not be changed, modified, or altered without authorization from the City Engineer, and all work shall be done in accordance with the approved plans. (b) RETENTION OF PLANS: Two sets of approved plans, specifi- cations and computations shall be retained by the City Engineer for a period of not less than 90 days from date of completion of the work covered therein, and one set of approved plans and specifications shall be returned to the applicant, which set shall be kept on the jobsite at all times during which the work authorized thereby is in progress. Plans, submitted for checking, for which no permit is issued, and on which no action is taken by the applicant for 90 days, shall be returned to the last known address of the applicant; to renew action on said plans, a payment of a new plan-check fee shall be required. (c) VALIDITY: The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Ordinance. No permit presuming to give authority to violate or cancel the provisions of this Ordinance shall be valid, except insofar as the work or use which it authorizes is lawful. The issuance of a permit based upon plans and specifications shall not prevent the City Engineer from thereafter re- quiring the correction of errors in said plans and specifi- cations or from preventing construction operations being carried on thereunder when in violation of this Ordinance or of any other ordinance of the City. (d) EKPIRATION: Every permit issued by the City Engineer under the provisions of this Ordinance shall expire by limitation and become null and void, if the work authorized by such permit is not commenced within 60 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is -5 - Exhibit "A" commenced for a period of 120 days. Before such work can be recommenced, a new permit shall be first obtained so to do, and the fee therefor shall be one -half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided, further, that such suspension or abandonment has not exceeded one year. (e) SUSPENSION OR REVOCATION: The City Engineer may, in writing, suspend or revoke a permit issued under pro- visions of this Ordinance whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this Ordinance. SECTION 8182.3 (a) RETAINING WALL PERMIT FEES: A fee for each retaining wall shall be paid to the City Engineer as set forth as follows: Total Valuation Fee $1.00 to $500.00 $5.00 $501.00 to $22000.00 $1.00 for each $100.00 or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $20.00 for the first $29000.00 plus $3.00 for each additional thousand or fraction thereof, to and including $25,000.00 $259001.00 & Over $89.00 for the first $25,000. plus $1.00 for each-additional thousand or fraction thereof. The determination of value or valuation under the pro- visions of this ordinance shall be based on the total square footage of wall surface. The cost per square foot shall be as follows: Walls up to 31 high ..............$2.50 /sq. ft. Walls over 3t high; $2.50 /sq. ft. plus 50¢ /sq. ft. for each additional foot of height, or fraction thereof. (b) PLAN CHECKING FEES: When the valuation of the proposed construction exceeds $12000.00 and a plan is required to be submitted, a plan - checking fee shall be paid to the City Engineer at the time of submitting plans and specifications for checking. Said plan checking fee shall be equal to one-half of the retaining wall permit fee as set forth in Subsection (a) of this section. Exhibit "All SECTION 8182.4 (a) INSPECTIONS: All construction or work for which a permit is required shall be subject to inspection by the City Engineer. A survey of the lot may be required by the City Engineer to verify compliance of the wall with approved plans. On work requiring a retaining wall permit, the City Engineer may require the permit holder or his agent to post an inspection record card in a conspicuous place on the front premises and in such position as to allow the City Engineer conveniently to make the required entries thereon regarding inspection of the work. This card shall be maintained in such position by the permit holder until the City Engineer grants final approval of the construction. (b) APPROVALS REQUIRED: No work shall be done on any part of the structure beyond the point indicated in each successive inspection without first obtaining the approval of the City Engineer. Such approval shall be given only after an inspection shall have been made of each successive step in the construction as indicated by each of the inspections required in Subsection (c). Where work has been accom- plished prior to inspection, which covers portions of walls requiring inspection, the City Engineer may require such evidence as he deems necessary to assure that the wall meets the design standards. There shall be a final inspection and approval on all walls when completed. (c) CALLED INSPECTIONS: No reinforcing steel or structural framework of any part of the structure shall be covered or concealed in any manner whatever without first obtaining the approval of the City Engineer. The City Engineer upon notification from the permit holder or his agent shall make the following inspections and shall either approve that portion of the construction as completed or shall notify the permit holder or his agent wherein the same fails to comply with the law. — 7 — M , ' Exhibit "An 1. Foundation Inspection: To be made after trenches are excavated and forms erected and when all re- enforcing steel is in place. 2. Wall Reinforcing: To be made after blocks are in place prior to grouting, or after forms are set and reinforcing steel is in place. 3. Final Inspection: To be made after wall is completed, backfi7l is in place and slopes, if any, are finished. (d) SPECIAL INSPECTOR: In addition to the inspections to be made as specified in Subsection 8182.4(c) and when re- quired by the City Engineer, the owner or his agent shall employ a special inspector who shall be present at all times to furnish continuous inspection on the con - struction. He shall report to the City Engineer in writing, noting all violations and other information pertaining to the conditions requiring his services. t i FINALLY PASSED this 5th day of October 19 70 , by the following roll call vote: ATTEST: AYES: Councilmen Blake, Graham, Miller, Spring and Mayor Schwartz NOES: None ABSENT: None 1011111� IMF �q� I I Day I Af f i day i -f- -� r , s PUBLIC HEARING RETAINING WALLS NOTICE IS HEREBY GIVEN that the City Council of the City._ of San Luis Obispo will hold a public hearing on the proposal to enact Ordinance No. 495, an ordinance regulating the construction, alteration, demolition and /or repair of any retaining wall within the City of San Luis Obispo, State of California, providing for the issuance of permits and collection of fees therefor; and pro - viding for the violation thereof. Copies of Ordinance No. 495 are E available for inspection in the City Clerk's Office, City Hall, 990 Palm Street. SAID PUBLIC HEARING WILL be held on Tuesday, September 8, 1970 at 9:00 P.M. in the Council Chambers of the City Hall,. 990 Palm Street, San Luis Obispo, California. J. H Fitzpatrick, City Clerk r f I