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ORDINANCE NO. 3171/
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ORDINANCE OF THE CITY OF SAN BERNARDINO REGULATING THE
ERECTION, CONSTRUCTION, ENLARGE~mNT, ALTERATION, REPAIR, MOVING,
REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE,
HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS OR STRUCTURES
IN THE CITY OF SAN BERNARDINO; PROVIDING FOR THE ISSUANCE OF PER-
MITS AND COLLECTION OF FEES THEREFOR; PROVIDING PENALTIES FOR THE
VIOLATION THEREOF; &~D REPEALING ORDINANCE NOS. 3695, 3694, AND
3558 OF THE CITY OF SAN BERNARDINO AND ALL OTHER ORDINANCES AND
PARTS OF THE ORDINANCES IN CONFLICT THEREWITH.
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THE MAYOR AND CO~~ON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION 1. This Ordinance shall be known as the "Uniform
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Building Ordinance".
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SECTION 2. Those certain rules and regulations which
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regulate the erection, construction, enlargement, alteration,
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repair, moving, removal, conversion, demolition, occupancy,
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equipment use, height, area and maintenance of buildings or
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structures and the installation and maintenance of heating,
ventilating, refrigeration and related systems in the City of
San Bernardino, and which provide for Uniform Building Code
Standards for said buildings or structures and minimum housing
requirements for the protection of life, limb, health and
property and for the safety and welfare of the general public
and the owners and occupants of residential buildings in said
City, all as set forth in those certain Codes and Appendices,
entitled "Uniform Building Code" (and "Uniform Building Code
Appendix Chapters 11 to 23 and 35 to 70"), 1979 Edition, and
the "Uniform Building Code Standards," 1979 Edition, "Uniform
Housing Code," 1979 Edition, "Uniform Sign Code," 1979 Edition,
"Uniform Administrative Code," 1979 Edition, "Uniform Mechanical
Code," 1979 Edition, and the supplements to the Uniform Building
Codes, published by the International Conference of Building
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II Officials, "Uniform Plumbing Code," 1979 Edition, "Uniform
i! Swimming Pool Code," 1979 Edition, "Uniform Solar Energy,"
1979 Edition, published by International Association of Plumbing
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and Mechanical Officials, "National Electrical Code," 1978
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Edition, published by National Fire Protection Association,
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"Structural Welding Code (Steel)," 1980 Edition, published
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by American Welding Society, three copies of which codes are
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on file in the Office of the City Clerk of the City of San
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Bernardino, and are identified by certificates attached thereto,
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reading substantially as follows:
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"I, SHAUNA CLARK, hereby certify that three copies of
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the annexed codes entitled "Uniform Building Code" (and
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"Uniform Building Code Appendix Chapters 11 to 23 and 35 to
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70"), 1979 Edition, and the "Uniform Building Code Standards,"
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1979 Edition, "Uniform Housing Code," 1979 Edition, "Uniform
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Sign Code," 1979 Edition, "Uniform Administrative Code," 1979
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Edition, "Uniform Mechanical Code," 1979 Edition, and the supp-
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lements to the Uniform Building Codes, published by the
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International Conference of Building Officials, "Uniform
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Plumbing Code," 1979 Edition, "Uniform S\~imming Pool Code,"
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1979 Edition, "Uniform Solar Energy," 1979 Edition, published
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by International Association of Plumbing and Mechanical
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Officials, "National Electrical Code," 1978 Edition, published
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by National Fire Protection Association, "Structural Welding
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Code (Steel)," 1980 Edition, published by American Welding
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Society, were filed in my office on
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and are true, correct and complete copies of those certain
codes and supplements thereto referred to in Ordinance No.
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of the City of San Bernardino and by said Ordinance adopted
2 by reference and made a part thereof as fully as though set
3 forth at length.
4 SHAUNA CLARK
City Clerk of the
5 ci ty of San Bernardino;"
6 be and the same are hereby established as rules and regulations
7 and a Code of said City and each and every part of said Codes,
8 and each and every provision therein contained, is hereby
9 adopted and made a part hereof as though fully set forth at
10 length in this Ordinance.
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SECTION 3. Said Uniform Building Code is hereby amended
12 by amending or adding thereto the sections, subsections and
13 paragraphs set forth as follows:
Section 202.
(h) Compliance with Laws. The Building
Official, known as the Superintendent of the Department of
Building and Safety, and officers and employees in his Department,
shall not issue or approve the issuance of any permit for a
building or structure or a Certificate of Occupancy, except
for a temporary certificate, unless and until there is compliance
on the subject property or land, with each and every applicable
provision of the editions of the Uniform Building Code, Uniform
Plumbing Code, National Electrical Code, Uniform Fire Code,
which have been adopted by the City of San Bernardino, and their
adopting ordinances, other Codes or laws adopted by the City,
Ordinance No. 1991, known as the "Land Use Zoning Ordinance,"
Ordinance No. 3847, known as the "Subdivision Ordinance",
Ordinance No. 2623, known as the "Sign Ordinance", Ordinance
No. 2168, Ordinance No. 2229, Ordinance No. 2291, Ordinance
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No. 2589, and all other ordinances of the City of San Bernardino
and laws of the State of California, and any valid zoning or
use condition imposed by the Mayor and Common Councilor Planning
. Commission relating to the subject property or land.
Section 202. (i) The Superintendent of the Department
of Building and Safety shall not issue a building permit for
a building on a lot which fails to provide access to a dedicated
street or to a private street, the width, location, and grade
of which street must have been submitted to, and approved by,
the Planning Commission pursuant to Section 20.2 of Ordinance
No. 1991; or when not installed as per Section 7006 (d) 7, or
when he determines that the location, grade, width and plans
for the driveway are such that its approach to and entrance
upon a substandard or deficient street of less than the
approved width for a public street right-of-way will create
an unsafe and dangerous traffic and pedestrian condition.
Section 204. There is hereby created and re-established
a Board of Building Commissioners of the City of San Bernardino
which shall consist of nine members who shall serve at the
pleasure of the Mayor and Common Council. Each Councilman
shall nominate one (1) member who shall serve during and for
the term of the nominating Councilman. The Mayor shall nominate
and appoint two (2) members who shall serve during and for
the term of the Mayor. The terms shall commence and terminate
at the same time as and shall coincide with the term of the
nominating Councilman or Mayor, provided that when a vacancy
shall occur in the office of a Councilman or the Mayor, the
applicable term of the member of the Board shall continue
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until a successor has been nominated by the Councilman or
Mayor elected to fill such vacancy and has been appointed by
the Mayor.
Each member of the Board, after having been nominated,
shall be appointed by the Mayor, subject to the approval of
the Common Council. Each member shall be a resident of the
City of San Bernardino and should be qualified by experience
and training to pass upon matters relating to buildings.
Subsequent vacancies shall be filled and appointments made
in the manner hereinbefore set forth. Each member shall serve
without compensation. At the first meeting of the Board, it
shall choose from its members a Chairman and Vice-Chairman
who shall serve at the pleasure of the Board. The Building
Official shall be Clerk of the Board. Said Board shall do
and perform such duties as are delegated to it by this
ordinance, or any amendments thereto, and such other duties
as are prescribed in Ordinance Nos. 2291 and 333~ or amendments
thereto, relating to the abatement of buildings, structures
and certain conditions constituting public nuisances or as
may be prescribed by order of the Hayor and Common Council.
Provided further, that Board members previously appointed
and serving terms shall complete the terms of their appointments
prior to any new appointments being made as set forth hereinabove.
Section 304. (a) Permit fees. The fee for each permit
shall be as set forth in Table Nos. 3-A through 3-D of the
Uniform Administrative Code, 1979 Edition.
Table 3-A 5. Other inspections and fees:
A fee in the sum of forty dollars ($40.00) for the
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inspection of any existing property or building required to
be made by the Department of Building and Safety for compliance
with the National Housing Act, Section 221 (d) (2) or other
lending institutions and regulations thereunder shall be paid
to the City by the applicant for such inspection service.
Table 3-B Electrical permit fees: System fee schedule:
NEW COMMERCIAL BUILDINGS: The following fees shall
include all wiring and electrical equipment in or on each
building or other electrical equipment on the premises
constructed at the same time, $.015 per square foot.
Section 307. (f) Before final approval is given for
a building or portion thereof, the building shall be ready for
occupancy with all defects corrected and all construction
debri~ spots and stains removed and the site shall be graded
to final grade.
Buildings or structures or yard shall have final
inspection and approval by all departments before the public
utilities may connect gas or electricity to the building.
Exception: The Building Official may grant permission
to connect one or more utilities to the building before final
inspection is approved when it can be shown that withholding
a utility will be detrimental to health and safety.
The rules and regulations of the "California Adminis-
trative Code, Title 8" shall apply to the issuance of
Certificates of Occupancy for apartment houses, hotels,
and lodging houses; and none of such buildings shall be used
or occupied until the owner or operator thereof has been issued
a valid Certificate of Occupancy.
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For buildings or structures or portions thereof in
2 Groups A, E, I, H, B or R Division I Occupancy, a new Certifi-
3 cate of Occupancy shall be obtained whenever:
1. The building has been vacant for one hundred eighty
5 (180) continuous days; or
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6 2. There is a change of occupancy, ownership, lessee(s),
7 or of the use; or
8 3. There is a change of occupancy classification of
9 the building or portion of the building; or
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4. There is a temporary use not exceeding thirty (30)
11 days.
12 Said new Certificate of Occupancy must be obtained
13 prior to any person, firm or corporation using or occupying
14 a building or structure under conditions requiring the
15 obtaining of a new Certificate of Occupancy.
16 Before an application for a Certificate of Occupancy
17 is accepted, a fee shall be paid by the applicant to cover
18 the cost of the inspection as follows:
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For a Commercial Building
$20.00
For an Apartment House:
Any building or combination of
buildings containing a total
of 4 units
$20.00
Any building or combination of
buildings containing more than
4 but not more than 8 units
$20.00 plus $3.00
for each unit
over 4
Any building or combination of
buildings containing more than
8 units
$32.00 plus $2.50
for each unit
over 8
Exceptions: No fee shall be charged for:
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1. The use of vacant land, except for Christmas tree
2 sales on such vacant land; or
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2. A building or structure for which, in the opinion
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of the Building Official, an inspection would be purposeless
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or unnecessary.
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Section 2714.5. Notwithstanding the provisions of
7 section 2714, the following sections and subsections shall
8 govern all welding work.
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(a) All welding shall be done by qualified operators
10 approved by the Building Inspector. The Superintendent of
11 Building and Safety shall prescribe rules and regulations for
12 the tests for welders, and no operator shall be approved by
13 the Superintendent unless and until he has first successfully
14 completed such tests as may be given by the Department of
15 Adult-Vocational Education, San Bernardino City Schools, San
16 Bernardino Valley College, or has obtained such approval because
17 he holds a current welding certificate based upon the require-
]8 ments of the California Department of Adult-Vocational Education,
19 provided it has the same or similar standards and criteria as
20 said Department of the San Bernardino City Schools or San
21 Bernardino Valley College. A certificate shall be issued to
22 operators by the Superintendent upon successful completion of
23 the required test or tests and/or approval as aforesaid being
24 obtained. Requests for the certificate shall be made by the
25 operator within thirty (30) days after completion of the
26 test. The certificate shall remain in force for one year.
27 Subsequent certificates may be obtained by successful
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submits sufficient evidence to the Department of Adult-Vocation-
al Education, San Bernardino City Schools, or San Bernardino
Valley College that he has regularly engaged in such work and
that such work has been satisfactorily performed during the
past year.
(b) Every welder employed for welding of steel plate
of No. 8 gauge thickness or less shall be qualified for light
gauge welding. Every welder employed for field welding shall
be qualified to weld in the flat, vertical and overhead
positions. Welders, including light gauge welders who are
employed for shop welding, shall be qualified in the flat,
vertical and horizontal positions.
(c) Structural steel welding operators shall be
qualified as prescribed in the Steel Welding Code, latest
edition, of the American Welding Society, and Chapter 27,
Section 27-01 to 27-10, Uniform Building Code Standards for
Volume 1 (1979 Edition).
(d) After a welder has passed the above tests, he must
be capable of doing neat and consistently good work in actual
operation. Carelessness, inability to maintain a uniform arc
and poor workmanship will be deemed sufficient cause for revocatio
of the welder's certificate.
(e) A fee of twenty dollars ($20.00) will be charged
by the City of San Bernardino for each original or renewed
certificate.
(f) At the time application is made, a certificate
may be issued without examination upon presentation of proper
evidence that the welder is currently approved for the position
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i.either by the Department of Adult-Vocational Education or the
2 ] Division of Architecture, state of California.
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(g) Testing shall be done under the supervision of the
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San Bernardino City Schools, Department of Adult-Vocational
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I Education or San Bernardino Valley College.
Section 3207. (f) Disposal of roof drainage water
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from building and drainage water from all paved areas on a
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lot shall be directed to the nearest street or to a drainage
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area or facility approved by the City Engineer.
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section 7000. The words "Building Official" as
11 hereinafter used shall mean City Engineer of the City of San
12 Bernardino. The term "Engineering Geologist" as hereinafter
13 used shall mean a geologist registered in the State of
14 California to practice in the field of engineering geology.
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Section 7002.
(a) This Chapter shall also include
16 those requirements set forth in the "Alquist-priolo Special
17 Studies Zones Act" (Chapter 7.5, Division 2, Public Resources
18 Code, State of California and adopted by "State Mining and
19 Geology Board", November 21,1973). This Act is intended to
20 represent minimum criteria only for all structures that fall
21 within the boundaries as shown on the "Special Studies Zone
22 Maps" as prepared by the State of California Division of
23 Mines and Geology.
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Section 7006 (d) 6. Retaining walls in excess of 2.5
25 feet in height shall be provided with a protective fence or
26 guardrails of a minimum height of 3.5 feet as per Section 1716.
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Section 7006 (d) 7. Driveways to residential garages
28 of more than 30 feet in length shall extend for a minimum
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distance of 20 feet from the garage, on a maximum grade of 5%.
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Driveways less than 30 feet in length shall have a maximum
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grade of 8% for a minimum distance of 20 feet from the garage.
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No portion of a driveway shall exceed a grade of 20%. Driveways
5 shall be designed so that the algebraic difference in grades
6 will not cause a car to drag or hangup. See Section 202 (i).
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Section 7006 (d) 8. Slopes shall be positioned on the
8 downhill lot, unless waived by the Building Official.
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Section 7007. (b) Grading Permit Fees. A fee for each
10 grading permit shall be paid to the Building Official as set
11 forth in Table No. 70~B.
12 TABLE NO. 70~kPLAN CHECKING FEES
50 cubic yards or less
No fee
51 to 100 cubic yards
101 to 1000 cubic yards
1001 to 10,000 cubic yards
$ 15.00
$ 22.50
$ 30.00
10,001 to 100,000 cubic yards - $30.00 for the first 10,000
cubic yards plus $15.00 for
each additional 10,000
CUbic yards or fraction
thereof.
100,001 to 200,000 cubic yards';' $165.00 for the first
100,000 cubic yards plus
$9.00 for each additional
10,000 cubic yards or
fraction thereof.
200,001.cubic yards or more -
$255.00 for the first
200,000 cubic yards, plus
$4.50 for each additional
10,000 cubic yards or
fraction thereof.
TABLE NO. 70-B: GRADING PERMIT FEES
50 cubic yards or less
$ 15.00
$ 22.50
51 to 100 cubic yards
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101 to 1,000 cubic yards - $22.50 for the first 100
cubic yards, plus $10.50
for each additional 100
cubic yards or fraction
thereof.
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1,001 to 10,000 cubic yards - $117.00 for the first
1,000 cubic yards, plus
$9.00 for each additional
1,000 cubic yards or
fraction thereof.
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10,001 to 100,000 cubic yards -$198.00 for the first
10,000 cubic yards, plus
$40.50 for each additional
10,000 cubic yards or
fraction thereof.
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100,001 cubic yards or more - $562.50 for the first
100,000 cubic yards, plus
$22.50 for each additional
10,000 cubic yards or
fraction thereof.
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13 The fee for a grading permit authorizing additional
14 work to that under a valid permit shall be the difference
IS between the fee paid for the original permit and the fee shown
16 for the entire project.
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Section 7008. Bonds Required. A permit shall not be
18 issued for more than 5,000 cubic yards, unless the permittee
19 shall first post with the Building Official a good and
20 sufficient surety bond, cash, or certificate of deposit in
21 such an amount as the Building Official shall estimate and
22 determine to be necessary to cover the total cost of the
23 project, including corrective work necessary to remove and
24 eliminate geological hazards. The Building Official shall
25 cause a written itemized estimate of the costs of the grading
26 and the amount of the required bond, cash, instrument of
27 credit or certificate of deposit, to be given to the owner
28 or applicant prior to the issuance of the permit.
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If security for the grading is provided for and
included in a bond which has been executed for a development
on the site where the grading is to be done, the bond for the
grading required hereunder shall be waived upon submission of
evidence by the permittee to the Building Official that the
grading work is adequately bonded as required hereinabove.
An agreement between the Redevelopment Agency and the
City of San Bernardino, approved by the City Attorney and
unconditionally providing and guaranteeing that said Agency
shall provide those grading and other improvements and pay the
costs thereof required pursuant to the provisions of this
section 7008, may be filed with the Building Official as
security in lieu of said bond, cash or certificate of deposit
whenever said project is located in a redevelopment project
area and the agreement recites that the street improvements
are in compliance with the Redevelopment Plan for said area
and in furtherance of the public interest in promoting public
or private development.
Section 7011. (bl Setbacks from property lines. The
tops of cuts and toes of fill slopes shall be set back from the
property lines and outer boundaries of the permit area,
including slope-right areas and easements, in accordance with
Figure No. 1 and Table No. 70-C.
Table No. 70-C. Required setbacks from permit area
boundary and property lines. under setbacks (al change 0 to 1,
H/2 to 2.5, 15 to H/12.
Section 7013. (al Slopes.
The faces at all cut and fill slopes shall be planted with
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a ground cover approved by the City Engineer. This planting shall
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be done as soon as practicable and prior to final inspection.
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Planting of any slope less than 5 feet in vertical height, or a
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cut slope not subject to erosion due to the erosion-resistant
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character of the materials, may be waived by the City Engineer.
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An automatic irrigation system shall be installed for planted
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slopes in excess of 15 feet in vertical height, unless recommended
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otherwise in the preliminary soils report or waived by the City
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Engineer. If required by the City Engineer, a recommendation for
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I types of planting materials shall be obtained from a Landscape
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I Architect. The Landscape Architect shall, prior to final
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inspection, provide the City Engineer with a statement that the
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planting has been done in accordance with his recommendations
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approved by the City Engineer.
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(al General. All parties performing
Section 7014.5.
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grading operations, under a grading permit issued by the City
I Engineer, shall take reasonable preventive measures, as directed
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II by the City Engineer, to avoid earth or other materials from
II the premises being deposited on adj acent streets or properties,
II by the action of storm waters or wind, by spillage from conveyance
vehicles or by other causes.
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(b) Removal of Materials within 24 Hours. Earth or
23 other materials which are deposited on adjacent streets or
24 properties shall be completely removed by the permittee as
25 soon as practical, but in any event within 24 hours after receipt
26 of written notice from the City Engineer to remove the earth
27 or materials, or within such additional time as may be allowed
28 by written notice from the City Engineer.
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(c) Noncompliance. In the event that any party performing
grading shall fail to comply with Subsections (a) and (b) of
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this Section, the City Engineer shall have the authority to
Ilengage the services of a contractor to remove the earth or
ilother materials. All charges incurred for the services of
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ithe contractor shall be paid to the City by the permittee prior
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II to acceptance of the grading.
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Final Reports:
A statement from
section 7015.
(a) 4.
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the Landscape Architect, if any, that the planting and irrigation
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system(s) have been installed in accordance with his
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recommendations.
SECTION 4. The word "City" in the above mentioned sections
13 and codes shall be deemed to refer to and designate the City of
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14 San Bernardino, and any reference to any act or legislative
15 'enactments herein referred to shall be deemed to designate
16 and embrace the statutes of the State of California, and the
17 amendments thereof, dealing with the subject matter thereby
18 and therein referred to.
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SECTION 5. It shall be unlawful for any person, firm
20 or corporation to erect, construct, enlarge, alter, repair,
21 move, improve, remove, convert, demolish, equip or use, occupy
22 or maintain any building or structure in the City or cause the
23 same to be done contrary to or in violation of any of the
24 provisions of this ordinance or the codes adopted herein.
25 Any person, firm or corporation violating any of the
26 provisions of this ordinance or the codes adopted herein shall
27 be deemed guilty of a misdemeanor, and such person shall be
28 deemed guilty of a separate offense for each and every day or
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I portion thereof during which any violation of any of the
2 I provisions of this ordinance or the codes adopted herein is
3 committed, continued or permitted. Upon conviction of any
4 such violation such persons shall be punished by a fine of not
5 more than five hundred dollars ($500.00) or by imprisonment
6 for not more than six months, or by both such fine and
7 imprisonment.
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SECTION 6. If any section, subsection, sentence,
9 clause or phrase of this ordinance or said codes is for any
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10 reason held to be invalid or unconstitutional by the decision
11 of any court of competent jurisdiction, such decision shall not
12 affect the validity of the remaining portions of said
13 ordinance or codes. The Mayor and Common Council of the City
]4 of San Bernardino hereby declare that they would have passed
15 this ordinance and code, and each section, subsection, sentence,
16 clause or phrase thereof, irrespective of the fact that anyone
17 or more other sections, subsections, clauses or phrases be
18 declared invalid or unconstitutional.
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SECTION 7. Ordinance Nos. 3558, 3694 and 3695 are
20 hereby repealed.
21 I HEREBY CERTIFY that the foregoing ordinance was duly
22 adopted by the Mayor and Common Council of the City of San
23
Bernardino at a
on the c: d day
~~
of a~A,../
meeting thereof, held
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, 1980, by the following
25 vote, to wit:
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AYES:
Councilmen ~~:~:,.-'~, )~~#1J ~
7~~ ~' !/
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NAYS:
ABSENT:
JdtU'~ ~A1i
~ty C erk
S-6bday
The foregoing ordinance is hereby
C~ , 1980.
San Bernard~no
as to form:
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