and then adopting through the Building Standards Commission into California Administrative Code, Title 24. Each jurisdiction, including city, county, or fire protection districts are afforded the opportunity under California Health and Safety Code section 17958 to make amendments establishing more restrictive standards if the jurisdiction feels that the amendments are reasonably necessary due to topographical, geographical, or climatic conditions. The goal of the Triennial updates is to achieve a higher level of uniformity among city and county agencies throughout the state.
DISCUSSION
California Health and Safety Code requires local jurisdictions to adopt and enforce the latest edition of the California Building Code contained in California Code of Regulations, Title 24. Staff reviewed the 2022 California Building, Green Building, Standards, Plumbing, Mechanical, and Electrical Codes and recommend amendments proposed in Ordinance 1595 Exhibit A. The proposed changes include amendments to better address Palmdale’s unique geographic and climatic conditions. This includes proposed amendments to address geographic concerns due to the proximity of the City of Palmdale to the San Andreas fault and the potential for seismic activity, as well as the climatic conditions experienced within the City of Palmdale due to wind and snowfall.
The attached resolution sets forth more fully the justifications and findings for the local amendments. The City of Palmdale adopts Title 32 Los Angeles County Fire Code, including any subsequent amendments.
The 2022 California Building Codes and the local amendments will go into effect as of January 1, 2023.
FISCAL IMPACT
None
STRATEGIC PLAN
Goal III C. Plan and maintain safe and attractive neighborhoods, streets, facilities, and public spaces with exciting programing that promotes fun for everyone.
Prepared by: Brian George, Building Official
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, Interim City Manager
Approved as to form: Scott E. Porter, Interim City Attorney
ATTACHMENTS
1. Ordinance No. 1595
2. Resolution No. 2022-115
CITY OF PALMDALE
COUNTY OF LOS ANGELES, CALIFORNIA
ORDINANCE NO. 1595
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE AMENDING SECTIONS 8.04.201, 8.04.203, 8.04.204, 8.04.205, 8.04.206,
8.04.209, 8.04.240, 8.04.265, 8.04.300, 8.04.400, 8.04.600, 8.04.700,
8.04.750, 8.04.753 8.04.754, 8.04.755, 8.04.756, AND 8.04.775 OF THE PALMDALE MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2022
EDITIONS OF THE CALIFORNIA BUILDING, RESIDENTIAL, GREEN
BUILDING STANDARDS, MECHANICAL, PLUMBING, AND ELECTRICAL CODES WITH LOCAL AMENDMENT THERETO AND TITLE 32 LOS
ANGELES COUNTY FIRE CODE.
WHEREAS Section 17958 of the Health and Safety Code of the State of California provides that if a city does not amend, add, or repeal ordinances or regulations to impose the same requirements as are contained in the provisions adopted pursuant to Section 17922 of said Health and Safety Code and published in the California Building Code and the other regulations adopted pursuant to Section 17922 or make changes or modifications in those requirements upon express findings, the provisions published in the California Building Code or other regulations promulgated pursuant to Section 17922 shall be applicable to it and shall become effective 180 days after publication by the California Building Commission and State Law requires that above Codes become effective at the local level on January 1, 2023; and
WHEREAS, the State of California published the 2022 editions of the California Building Code. Residential, Green Building Standards, Mechanical, Plumbing, Fire, and Electrical Codes (collectively “Codes”) on July 1, 2022, and State Law requires that said Codes become effective at the local level on January 1, 2023; and WHEREAS, Section 17958. 5 of the Health and Safety Code of the State of California provides that a city may make such changes or modifications to the Codes as are reasonably necessary because of local climatic, geological or topographical conditions;
WHEREAS, the City of Palmdale hereby adopts the Codes with the amendments as set out more fully herein.
THE CITY COUNCIL OF THE CITY OF PALMDALE DOES ORDAIN AS FOLLOWS:
SECTION 1 . Sections 8.04.201, 8.04204, 8.04.205, 8.04.206, 8.04.209,
8.04.240, 8.04.265, 8.04.300, 8.04.400, 8.04.600, 8.04.700, 8.04.750, 8.04.753
8.04.754, 8.04.755, 8.04.756, 8.04.775 of the Palmdale Municipal Code are hereby repealed and replaced in their entirety as set forth in Exhibit “A” attached hereto and incorporated herein by reference.
SECTION 2. The City Council has reviewed the matter and, based upon the facts and information contained in the staff reports, administrative record, and written and oral testimony, hereby finds that this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3) and/or 15061(b)(3) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, in that it will not result in a direct or reasonably foreseeable indirect physical change in the environment nor have a significant impact on the environment.
SECTION 3 . Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or ineffective, provided the basic purposes of this Ordinance and the benefits to the City and the public are not substantially impaired.
SECTION 4. This ordinance shall become effective on the 31st day after the date of its adoption and shall be enforceable on January 1, 2023.
SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause this Ordinance to be publication or posted as required by law.
PASSED, APPROVED and ADOPTED this ______ day of ____________, ________. ________________________________
Approved as to form: Steven D. Hofbauer, Mayor
ATTEST:
___________________________ ________________________________ Scott E. Porter Rochelle Scott, Acting City Clerk
Interim City Attorney
I, Rochelle Scott, Acting City Clerk of Palmdale, California, do hereby certify that the foregoing Ordinance was duly introduced, passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the ______ day of _____________, 20___ effective on the ____ day of ___________, 20___ by the following roll call vote:
AYES:
NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:
Rochelle Scott, Acting City Clerk
EXHIBIT “A”
Attached
EXHIBIT A
ORDINANCE NO. 1595
8.04.201 Adoption of Building Code
Excepted as amended herein, Chapters 2 through 35, of Volumes I and II, Appendix I, Patio Covers, and Appendix J, Grading of that certain building code known and designated as the California Building Code, 2022 Edition, published by the International Code Council and the Building Standards Commission of the State of California are hereby adopted and incorporated herein by reference as if fully set forth below, and shall be known as the Palmdale Building Code and may be referenced as the PBC.
8.04.203 Addition to the definitions in Chapter 7 of the Palmdale Building Code to include the local agency very high fire hazard severity zone maps.
Section 702A, Definitions, as adopted by incorporation of the California Building Code, is hereby modified to add the following definition:
Adopted Local Agency Very High Fire Hazard Severity Zone Maps for the City of Palmdale are the maps approved by the California Department of Forestry and Fire Protection in cooperation with Los Angeles County Fire Department and the City of Palmdale dated September 2011.
8.04.204. Amendments to Chapter 16 of the Palmdale Building Code.
Chapter 16; Design of the Palmdale Building Code as adopted by incorporation of the California Building Code is hereby modified as follows:
Section 1608.2 of the 2022 Edition of the California Building Code is amended to read as follows:
Sec. 1608.2 Ground snow loads. The ground snow loads to be used in determining the design snow loads for roofs shall be 20 pounds per square foot.
Sections 1613.5, 16135.1, 1613.5.2, and 1613.5.3 are added to read as follows:
1613.5 Amendments to ASCE 7. Section 1613.5 shall be added for amendments to the relevant provisions of ASCE 7.
1613.5.1 Values for Vertical Combinations. Modify ASCE 7 Section 12.2.3.1 Exception 3 as follows:
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3. Detached one- and two-family dwellings up to two stories in height of light frame construction.
1613.5.2 Wood Diaphragms. Modify ASCE 7 Section 12.11.2.2.3 as follows:
12.11.2.2.3 Wood Diaphragms. The anchorage of concrete or masonry structural walls to wood diaphragms shall be in accordance with AWC SDPWS 41.5.1 and this section. Continuous ties shall be in addition to the diaphragm sheathing.
Anchorage shall not be accomplished by use of toenails or nails subject to withdrawal nor shall wood ledgers or framing be used in cross-grain bending or cross-grain tension. The diaphragm sheathing shall not be considered effective as providing ties or struts required by this section.
For structures assigned to Seismic Design Category D, E or F, wood diaphragms supporting concrete or masonry walls shall comply with the following:
1. The spacing of continuous ties shall not exceed 40 feet. Added chords of diaphragms may be used to form sub diaphragms to transmit the anchorage forces to the main continuous crossties.
2. The maximum diaphragm shear used to determine the depth of the sub diaphragm shall not exceed 75% of the maximum diaphragm shear.
3. Detached one- and two-family dwellings up to two stories in height of light frame construction.
Section 1613.5.3 is added to Chapter 16 of the 2022 Edition of the California Building Code to read as follows:
1613.5.3 Structural Separation. Modify ASCE 7 Section 12.12.3 Equation 12.12-1 as follows:
(12.12-1)
8.04.205. Amendments to Chapter 17 of the Palmdale Building Code.
Chapter 17; Special Inspections and Tests of the Palmdale Building Code as adopted by incorporation of the California Building Code is hereby modified as follows:
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Section 1704.6 of the 2022 Edition of the California Building Code is amended to read as follows:
1704.6 Structural Observations. Where required by the provisions of Section 1704.6.1, the owner or the owner’s authorized agent shall employ a structural observer to perform structural observations. The structural observer shall visually observe representative locations of structural systems, details and load paths for general conformance to the approved construction documents. Structural observation does not include or waive the responsibility for the inspections in Section 110 or the special inspections in Section 1705 or other section of this code. The structural observer shall be one of the following individuals:
1. The registered design professional responsible for the structural design, or
2. A registered design professional designated by the registered design professional responsible for the structural design.
Prior to the commencement of observations, the structural observer shall submit to the building official a written statement identifying the frequency and extent of structural observations.
The owner or owner’s authorized agent shall coordinate and call a preconstruction meeting between the structural observer, contractors, affected subcontractors and special inspectors. The structural observer shall preside over the meeting. The purpose of the meeting shall be to identify the major structural elements and connections that affect the vertical and lateral load resisting systems of the structure and to review scheduling of the required observations. A record of the meeting shall be included in the report submitted to the Building Official.
Observed deficiencies shall be reported in writing to the owner or owner’s authorized agent, special inspector, contractor, and the Building Official. Upon the form prescribed by the Building Official, the structural observer shall submit to the Building Official a written statement at each significant construction stage stating that the site visits have been made and identifying any reported deficiencies which, to the best of the structural observer’s knowledge, have not been resolved. A final report by the structural observer which states that all observed deficiencies have been resolved is required before acceptance of the work by the Building Official.
Section 1704.6.1 of the 2022 Edition of the California Building Code is amended to read as follows:
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1704.6.1 Structural observations for structures. Structural observations shall be provided for those structures assigned to Seismic Design Category D, E or F, where one or more of the following conditions exist:
1. The structure is classified as Risk Category III or IV.
2. The structure is a high-rise building.
3. A lateral design is required for the structure or portion thereof.
Exception: One-story wood framed Group R-3 and Group U Occupancies less than 2,000 square feet in area, provided the adjacent grade is not steeper than 1 unit vertical in 10 units horizontal (10% sloped), assigned to Seismic Design Category D.
4. Such observation is required by the registered design professional responsible for the structural design.
5. Such observation is specifically required by the building official.
Section 1705.3 of the 2022 Edition of the California Building Code is amended to read as follows:
1705.3 Concrete Construction. The special inspections and tests for concrete construction shall be performed in accordance with this section and Table 1705.3.
Exceptions: Special inspection and tests shall not be required for:
1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pounds per square inch (psi) (17.2 Mpa) regardless of the compressive strength specified in the construction documents or used in the footing construction.
2. Continuous concrete footings supporting walls of buildings three stories or less in height that are fully supported on earth or rock where:
2.1. The footings support walls of light-frame construction.
2.2. The footings are designed in accordance with Table 1809.7; or
2.3. The structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pounds per square City of Palmdale
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inch (psi) (17.2 Mpa), regardless of the compressive strength specified in the construction documents or used in the footing construction.
3. Nonstructural concrete slabs supported directly on the ground, including prestressed slabs on grade, where the effective prestress in the concrete is less than 150 psi (1.03 Mpa).
4. Concrete patios, driveways, and sidewalks, on grade.
Section 1705.13 2022 Edition of the California Building Code is amended to read as follows:
1705.13 Special inspections for seismic resistance. Special inspections for seismic resistance shall be required as specified in Sections 1705.13.1 through 1705.13.9, unless exempted by the exceptions of Section 1704.2.
Exception: The special inspections specified in Sections 1705.13.1 through 1705.13.9 are not required for structures designed and constructed in accordance with one of the following:
1. The structure consists of light-frame construction; the design spectral response acceleration at short periods, SDS, as determined in Section 1613.2.4, does not exceed 0.5; and the building height of the structure does not exceed 35 feet (10 668 mm).
2. The seismic force-resisting system of the structure consists of reinforced masonry or reinforced concrete; the design spectral response acceleration at short periods, SDS, as determined in Section 1613.2.4, does not exceed 0.5; and the building height of the structure does not exceed 25 feet (7620 mm)
3. The structure is a detached one- or two-family dwelling not exceeding two stories above grade plane, is not assigned to Seismic Design Category D, E or F and does not have any of the following horizontal or vertical irregularities in accordance with Section 12.3 of ASCE 7:
3.1 Torsional or extreme torsional irregularity.
3.2 Nonparallel systems irregularity.
3.3 Stiffness-soft story or stiffness-extreme soft story irregularity.
3.4 Discontinuity in lateral strength-weak story irregularity.
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8.04.206 Amendments to Chapter 18 of the Palmdale Building Code.
Chapter 18, Soils and Foundations, of the Palmdale Building Code as adopted by incorporation of the California Building Code is hereby modified as follows:
Section 1809.3 of the 2022 Edition of the California Building Code is amended to read as follows:
1809.3 Stepped footings. The top surface of footings shall be level. The bottom surface of footings shall be permitted to have a slope not exceeding one unit vertical in 10 units horizontal (10-percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footing or where the surface of the ground slopes more than one unit vertical in 10 units horizontal (10-percent slope).
For structures assigned to Seismic Design Category D, E or F, the stepping requirement shall also apply to the top surface of continuous footings supporting walls. Footings shall be reinforced with four No. 4 deformed reinforcing bars. Two bars shall be placed at the top and bottom of the footings as shown in Figure 1809.3.
FIGURE 1809.3
STEPPED FOOTING
Section 1809.7 and Table 1809.7 of the 2022 Edition of the California Building Code are amended to read as follows:
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1809.7 Prescriptive footings for light-frame construction. Where a specific design is not provided, concrete or masonry-unit footings supporting walls of light- frame construction shall be permitted to be designed in accordance with Table 1809.7. Light-frame construction using prescriptive footings in Table 1809.7 shall not exceed one story above grade plane for structures assigned to Seismic Design Category D, E or F.
TABLE 1809.7
PRESCRIPTIVE FOOTINGS SUPPORTING WALLS OF
LIGHT-FRAME CONSTRUCTION a, b, c, d, e
NUMBER OF FLOORS SUPPORTED
BY THE FOOTING f
WIDTH OF FOOTING
(inches)
THICKNESS OF
FOOTING (inches)
1 12 6
2 15 6
3 18 8 g
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm
a. Depth of footings shall be in accordance with Section 1809.4. b. The ground under the floor shall be permitted to be excavated to the elevation of the top of the footing.
c. Not Adopted.
d. See Section 1905 for additional requirements for concrete footings of structures assigned to Seismic Design Category C, D, E or F. e. For thickness of foundation walls, see Section 1807.1.6. f. Footings shall be permitted to support a roof addition to the stipulated number of floors. Footings supporting roof only shall be as required for supporting one floor.
8.04.209. Amendments to Chapter 23 of the Palmdale Building Code.
Chapter 23. Wood. of the Palmdale Building Code as adopted by incorporation of the California Building Code is hereby modified as follows:
Section 2304.10.2 of the 2022 Edition of the California Building Code is amended to read as follows:
2304.10.2 Fastener requirements. Connections for wood members shall be designed in accordance with the appropriate methodology in Section 2302.1. The number and size of fasteners connecting wood members shall not be less than that set forth in Table 2304.10.2. Staple fasteners in Table 2304.10.2 shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E or F.
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Exception: Staples may be used to resist or transfer seismic forces when the allowable shear values are substantiated by cyclic testing and approved by the Building Official.
Section 2304.10.3.1 is added to Chapter 23 of the 2022 Edition of the California Building Code to read as follows:
2304.10.3.1 Quality of nails . In Seismic Design Category D, E or F, mechanically driven nails used in wood structural panel shear walls shall meet the same dimensions as that required for hand-driven nails, including diameter, minimum penetration, and minimum head diameter. Clipped head or box nails are not permitted in new construction. The allowable design value for clipped head nails in existing construction shall be multiplied by the nail-head-area ratio of clipped head nails to that of the same size hand-driven nails.
Section 2305.4 is added to Chapter 23 of the 2022 Edition of the California Building Code to read as follows:
2305.4 Hold-down Connectors. In Seismic Design Category D, E, or F, hold-down connectors shall be designed to resist shear wall overturning moments using approved cyclic load values or 75 percent of the allowable seismic load values that do not consider cyclic loading of the product. Connector bolts into wood framing shall require steel plate washers on the post on the opposite side of the anchorage device.
Plate size shall be a minimum of 0.229 inch by 3 inches by 3 inches (5.82 mm by 76 mm by 76 mm) in size. Hold-down connectors shall be tightened to finger tight plus one half (1/2) wrench turn just prior to covering the wall framing.
Section 2306.3 of the 2022 Edition of the California Building Code is amended to read as follows:
2306.3 Wood-frame shear walls . Wood-frame shear walls shall be designed and constructed in accordance with ANSI/AWC SDPWS. For structures assigned to Seismic Design Category D, E, or F, application of Table 4.3A of ANSI/AWC SDPWS shall include the following:
1. Wood structural panel thickness for shear walls shall not be less than 3/8 inch thick and studs shall not be spaced at more than 16 inches on center.
2. The maximum nominal unit shear capacities for 3/8inch wood structural panels resisting seismic forces in structures assigned to Seismic Design Category D, E or F is 400 pounds per linear foot (plf).
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Exception: Other nominal unit shear capacities may be permitted if such values are substantiated by cyclic testing and approved by the building official.
3. Nails shall be placed not less than 1/2 inch in from the panel edges and not less than 3/8 inch from the edge of the connecting members for shear greater than 350 plf using ASD or 500 plf using LRFD. Nails shall be placed not less than 3/8 inch from panel edges and not less than 1/4 inch from the edge of the connecting members for shears of 350 plf or less using ASD or 500 plf or less using LRFD.
For structures assigned to Seismic Design Category D, E or F, application of Table
4.3B of ANSI/AWC SDPWS shall not be allowed.
For structures assigned to Seismic Design Category D, E or F, application of Table
4.3C of ANSI/AWC SDPWS shall not be used below the top level in a multi-level building.
Where panels are fastened to framing members with staples, requirements and limitations of AWC SDPWS shall be met and the allowable shear values set forth in Table 2306.3(1), 2306.3(2) or 2306.3(3) shall only be permitted for structures assigned to Seismic Design Category A, B, or C.
Exception: Allowable shear values where panels are fastened to framing members with staples may be used if such values are substantiated by cyclic testing and approved by the building official.
The allowable shear values in Tables 2306.3(1) and 2306.3(2) are permitted to be increased 40 percent for wind design. Panels complying with ANSI/APA PRP-210 shall be permitted to use design values for Plywood Siding in the ANSI/AWC SDPWS.
Section 2307.2 is added to the 2022 Edition of the California Building Code to read as follows:
2307.2 Wood-frame Shear Walls. Wood-frame shear walls shall be designed and constructed in accordance with Section 2306.3 as applicable.
Table 2308.6.1 of the 2022 Edition of the California Building Code is amended to read as follows:
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Sections 2308.6.5.1 and 2308.6.5.2 and Figures 2308.6.5.1 and 2308.6.5.2 of the 2022 Edition of the California Building Code are amended to read as follows:
2308.6.5.1 Alternate braced wall (ABW). An ABW shall be constructed in accordance with this section and Figure 2308.6.5.1. In one-story buildings, each panel shall have a length of not less than 2 feet 8 inches (813 mm) and a height of not more than 10 feet (3048 mm). Each panel shall be sheathed on one face with 3/8-inch (3.2 mm) minimum-thickness wood structural panel sheathing nailed with 8d common or galvanized box nails in accordance with Table 2304.10.2 and blocked at wood structural panel edges. For structures assigned to Seismic Design Category D or E, each panel shall be sheathed on one face with 15/32- inch-minimum-thickness (11.9 mm) wood structural panel sheathing nailed with 8d common nails spaced 3 inches on panel edges, 3 inches at intermediate supports.
Two anchor bolts installed in accordance with Section 2308.3.1 shall be provided in each panel. Anchor bolts shall be placed at each panel outside quarter points.
Each panel end stud shall have a hold-down device fastened to the foundation, capable of providing an approved uplift capacity of not less than 1,800 pounds (8006 N). The hold-down device shall be installed in accordance with the manufacturer’s recommendations. The ABW shall be supported directly on a foundation or on floor framing supported directly on a foundation that is continuous across the entire length of the braced wall line. This foundation shall be reinforced with not less than one No. 4 bar top and bottom. Where the continuous foundation is required to have a depth greater than 12 inches (305 mm), a minimum 12-inch by 12-inch (305 mm by 305 mm) continuous footing is permitted at door openings in the braced wall line. This continuous footing shall be reinforced with not less than one No. 4 bar top and bottom. This reinforcement shall be lapped 24 inches (610 mm) with the reinforcement required in the continuous foundation located directly under the braced wall line.
Where the ABW is installed at the first story of two-story buildings, the wood structural panel sheathing shall be provided on both faces, three anchor bolts shall be placed at one-quarter points and tie-down device uplift capacity shall be not less than 3,000 pounds (13 344 N).
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2308.6.5.2 Portal frame with hold-downs (PFH). A PFH shall be constructed in accordance with this section and Figure 2308.6.5.2. The adjacent door or window opening shall have a full-length header.
In one-story buildings, each panel shall have a length of not less than 16 inches (406 mm) and a height of not more than 10 feet (3048 mm). Each panel shall be sheathed on one face with a single layer of 3/8-inch (9.5 mm) minimum-thickness wood structural panel sheathing nailed with 8d common or galvanized box nails in accordance with Figure 2308.6.5.2 . For structures assigned to Seismic Design Category D or E, each panel shall be sheathed on one face with 15/32 -inch- minimum-thickness (11.9 mm) wood structural panel sheathing nailed with 8d
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common nails spaced 3 inches on panel edges, 3 inches at intermediate supports and in accordance with Figure 2308.6.5.2. The wood structural panel sheathing shall extend up over the solid sawn or glued-laminated header and shall be nailed in accordance with Figure 2308.6.5.2. A built-up header consisting of at least two 2-inch by 12-inch (51 mm by 305 mm) boards, fastened in accordance with Item 24 of Table 2304.10.2 shall be permitted to be used. A spacer, if used, shall be placed on the side of the built-up beam opposite the wood structural panel sheathing. The header shall extend between the inside faces of the first full-length outer studs of each panel. The clear span of the header between the inner studs of each panel shall be not less than 6 feet (1829 mm) and not more than 18 feet (5486 mm) in length. A strap with an uplift capacity of not less than 1,000 pounds (4,400 N) shall fasten the header to the inner studs opposite the sheathing. One anchor bolt not less than 5/8inch (15.9 mm) diameter and installed in accordance with Section 2308.3.1 shall be provided in the center of each sill plate. The studs at each end of the panel shall have a hold-down device fastened to the foundation with an uplift capacity of not less than 3,500 pounds (15 570 N).
Where a panel is located on one side of the opening, the header shall extend between the inside face of the first full-length stud of the panel and the bearing studs at the other end of the opening. A strap with an uplift capacity of not less than 1,000 pounds (4400 N) shall fasten the header to the bearing studs. The bearing studs shall also have a hold-down device fastened to the foundation with an uplift capacity of not less than 1,000 pounds (4400 N). The hold-down devices shall be an embedded strap type, installed in accordance with the manufacturer’s recommendations. The PFH panels shall be supported directly on a foundation that is continuous across the entire length of the braced wall line. This foundation shall be reinforced with not less than one No. 4 bar top and bottom. Where the continuous foundation is required to have a depth greater than 12 inches (305 mm), a minimum 12- inch by 12-inch (305 mm by 305 mm) continuous is permitted at door openings in the braced wall line. This continuous footing shall be reinforced with not less than one No. 4 bar top and bottom. This reinforcement shall be lapped not less than 24 inches (610 mm) with the reinforcement required in the continuous foundation located directly under the braced wall line.
Where a PFH is installed at the first story of two-story buildings, each panel shall have a length of not less than 24 inches (610 mm).
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Section 2308.6.8.1 of the 2022 Edition of the California Building Code is amended to read as follows:
2308.6.8.1 Foundation requirements. Braced wall lines shall be supported by continuous foundations.
Exception: For structures with a maximum plan dimension not more than 50 feet (15240 mm), continuous foundations are required at exterior walls only for structures assigned to Seismic Design Category A, B, or C.
For structures in Seismic Design Categories D and E, exterior braced wall panels shall be in the same plane vertically with the foundation or the portion of the structure containing the offset shall be designed in accordance with accepted engineering practice and Section 2308.1.1.
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Section 2308.6.9 of the 2022 Edition of the California Building Code is amended to read as follows:
2308.6.9 Attachment of sheathing. Fastening of braced wall panel sheathing shall not be less than that prescribed in Table 2308.6.1 or 2304.10.2. Wall sheathing shall not be attached to framing members by adhesives. Staple fasteners in Table 2304.10.2 shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E, or F.
Exception: Staples may be used to resist or transfer seismic forces when the allowable shear values are substantiated by cyclic testing and approved by the building official.
All braced wall panels shall extend to the roof sheathing and shall be attached to parallel roof rafters or blocking above with framing clips (18 gauge minimum) spaced at maximum 24 inches (6096 mm) on center with four 8d nails per leg (total eight 8d nails per clip). Braced wall panels shall be laterally braced at each top corner and at maximum 24 inches (6096 mm) intervals along the top plate of discontinuous vertical framing.
8.04.240 Amendments to APPENDIX J - Grading and Excavation Appendix J of the California Building Code 2022 (Volume 1 & 2) is hereby adopted as the Grading and Excavation provisions of the Palmdale Building Code and amended to read as follows:
Section J101 General
J101.1 Scope
This chapter sets forth regulations for the control of excavation, grading, and earthwork construction, including fills or embankments, and for the control of grading site runoff, including erosion, sediments and construction related pollutants. These regulations establish minimum standards and are not intended to prevent the use of alternate materials, methods or means of conforming to such standards, provided such alternate has been approved.
The Building Official or City Engineer shall approve such an alternate provided he or she finds that the alternate, for the purpose intended, is at least the equivalent of that prescribed in this code in quality, strength, effectiveness, durability, and safety. The Building Official or City Engineer City of Palmdale
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shall require that sufficient evidence or proof be submitted to substantiate any claims regarding the alternate.
J101.2 Flood Hazard Areas
Unless the applicant has submitted an engineering analysis, prepared in accordance with standard engineering practice by a registered design professional, that demonstrates the proposed work will not result in any increase in the level of the base flood, grading, excavation and earthwork construction, including fills and embankments, shall not be permitted in floodways that are in flood hazard areas established in Section 1612.3 or in flood hazard areas where design flood elevations are specified but floodways have not been designated.
Section J102 Definitions
J102.1 Definitions
The following words and terms shall, for the purposes of this appendix, have the meanings shown herein.
APPROVAL shall mean the proposed work or completed work conforms to this code in the opinion of the Building Official or City Engineer.
AS-GRADED. is the extent of surface conditions on completion of grading.
BEDROCK is the relatively solid, undisturbed rock in place either at the ground surface or beneath superficial deposits of gravel and/or soil.
BENCH. A relatively level step excavated into earth material on which fill is to be placed.
BEST MANAGEMENT PRACTICE (BMP) is a storm water pollution mitigation measure that is required to be employed to implement practical means of preventing or reducing pollution to help achieve water quality goals and City of Palmdale
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comply with the requirements of the NPDES permit issued to the City of Palmdale.
BORROW is earth material acquired from an off-site location for use in grading.
CIVIL ENGINEER shall mean a professional engineer in the branch of civil engineering holding a valid certificate of registration issued by the State of California.
COMPACTION. The densification of a fill by mechanical means.
CUT. See "Excavation."
DESIGN ENGINEER shall mean the civil engineer responsible for the preparation of the plans for the grading work.
DESILTING BASINS are physical structures constructed for the removal of sediments from surface water runoff.
DOWN DRAIN. A device for collecting water from a swale or ditch located on or above a slope, and safely delivering it to an approved drainage facility.
EARTH MATERIAL is any rock, natural soil or fill or any combination thereof.
ENGINEERING GEOLOGIST. See “geologist.”
ENGINEERING GEOLOGY is the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.
EROSION. The wearing away of the ground surface as a result of the movement of wind, water or ice.
EXCAVATION. The removal of earth material by artificial means, also referred to as a cut.
FIELD ENGINEER shall mean the civil engineer responsible for performing the functions as set forth in Section J105.4.2
FILL. Deposition of earth materials by artificial means.
FUGITIVE DUST shall mean any solid particulate matter that becomes airborne directly or indirectly as a result of the activities of man.
GEOLOGIST shall mean a person holding a valid certificate of registration as a geologist in the specialty of engineering geology issued by the State of California under provisions of the Geologist and Geophysicist Act of the Business and Professions Code.
GEOTECHNICAL ENGINEER shall mean a professional engineer registered as a civil engineer by the state of California with experience and knowledgeable in the field of geotechnical and soil mechanics.
GRADE. The vertical location of the ground surface.
GRADE, EXISTING. The grade prior to grading.
GRADE, FINISHED. The grade of the site that conforms to the approved plan at the conclusion of all grading efforts.
GRADING. An excavation or fill or combination thereof.
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KEY. A compacted fill placed in a trench excavated in earth material beneath the toe of a slope.
LANDSCAPE ARCHITECT shall mean a person who holds a certificate to practice landscape architecture in the State of California under the landscape architecture provisions of Division 3, Chapter 3.5, of the Business and Professions Code.
LINE shall refer to horizontal location of the ground surface.
NATURAL GRADE is the vertical location of the ground surface prior to any excavation or fill.
ROUGH GRADE is the elevation of the ground surface established by grading that approximates the final elevation shown on the approved design.
SITE is any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is proposed or performed.
SLOPE. An inclined surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.
SOILS ENGINEER See “Geotechnical Engineer”
SURFACE DRAINAGE shall refer to flows over the ground surface.
SOIL TESTING AGENCY is an agency regularly engaged in the testing of soils and rock under the direction of a civil engineer experienced in soil testing.
STORM DRAIN SYSTEM is a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches and man-made channels, designed or used for collecting or conveying storm water.
STORM WATER MANAGEMENT PLAN is a site drawing with details, notes, and related documents that identify the measures taken by the permittee to (1) control erosion and prevent sediment and construction-related pollutants from being carried off-site by storm water and (2) prevent non storm water discharges from entering the storm drain system.
TERRACE. A relatively level step constructed in the face of a graded slope for drainage and maintenance purposes.
Section J103 Permits Required
J103.1 Grading Permits Required
Except as exempted in Section J103.2, grading shall not be performed without first having obtained a permit therefor from the City Engineer. A City of Palmdale
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separate permit shall be obtained for each site. A grading permit does not include the construction of retaining walls or other structures.
J103.2 Exemptions
A grading permit shall not be required for the following:
1. When approved by Building & Safety, Grading in an isolated, self- contained area, provided that the public is not endangered and that such grading will not adversely affect adjoining properties.
2. Excavation for construction of a structure permitted under this code.
3. Cemetery graves.
4. Refuse disposal sites controlled by other regulations.
5. Excavations for wells, or trenches for utilities.
6. Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by other regulations, provided that such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties.
7. Exploratory excavations performed under the direction of a registered design professional.
8. Excavation for wells, or trenches for utilities
9. An excavation or fill for road or slope purposes and shown on plans that are approved by the Department of Public Works as being necessary for the support, construction or maintenance of a public road.
Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.
J103.3 Unpermitted Grading
A person shall not own, use, occupy or maintain any site containing unpermitted grading. For the purposes of this code, unpermitted grading shall be defined as any grading that was performed, at any point in time, without the required permit(s) having first been obtained from the City Engineer, pursuant to Subsection
J103.4 Availability of Permit at Site
No person shall perform any grading for which a permit is required under this chapter unless a copy of the grading permit is in the possession of an appropriate licensed contractor and is available at the construction site.
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J103.5 Application to Existing Grading
J103.5.1 Hazardous Conditions
Whenever the Building Official or City Engineer determines that any existing excavation, embankment or fill has become a hazard to life and limb, or endangers structures, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation, embankment or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Building Official or City Engineer shall, within the period specified therein, repair, reconstruct or remove such excavation, embankment or fill so as to eliminate the hazard.
J103.5.2 Maintenance of Protective Devices and Rodent Control The owner of any property on which grading has been performed pursuant to a permit issued under the provisions of this code, or any other person or agent in control of such property, shall maintain in good condition and repair all drainage structures and other protective devices and burrowing rodent control, when they are shown on the grading plans filed with the application for grading permit and approved as a condition precedent to the issuance of such permit.
J103.5.2 Correlation with Other Section
The provisions of this section are independent of this code relating to building and property rehabilitation.
This section may be invoked even though the same facts have been used to determine
Section J104 Permit Application and Submittals
J104.1 Submittal Requirements
To obtain a grading permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every such application shall:
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1. Describe the land on which the proposed work is to be performed by lot, block, tract, and by a street address or by similar description sufficient to readily identify and definitely locate the site.
2. State the name and address of the owner of said land, the person who is to perform the work, and the field engineer if such work is to be performed as engineered grading.
3. Be accompanied by plans, specifications and calculations as may be required by Section J104.2.
4. State the volume of the material to be handled.
5. Be signed by the applicant or authorized agent, who may be required to submit evidence of such authority.
6. Give such other information as reasonably may be required by the Building Official or City Engineer.
J104.2 Plans and Specifications
With each application for a grading permit and when required by the City Engineer for enforcement of any provisions of this code, three sets of plans and specifications shall be submitted. Except as waived by the City Engineer, the plans shall be prepared and signed by a civil engineer, stamped by a geotechnical engineer, and shall show the following:
1. A vicinity sketch or other means of adequately indicating the site location.
2. Boundary lines of the property on which the work is to be performed.
3. Each lot or parcel of land into which the site is proposed to be divided.
4. All of the proposed uses of the site and, if the site is to be divided, the proposed use of each lot or parcel of land.
5. Location of any existing buildings or structures on the property where the work is to be performed, and the location of any buildings or structures on adjacent land which are within 15 feet (4572 mm) of the property line.
6. Accurate contours showing the topography of the existing ground.
7. Elevations, location, extent and slope of all proposed grading shown by contours, cross sections or other means and location of any rock disposal area buttress fills or other special features, if such are proposed to be included in the work.
8. A statement of the quantities of material to be excavated and/or filled and the amount of such material to be imported to, or exported from, the site.
9. A statement of the estimated starting and completion dates for work covered by the permit.
10. A statement signed by the owner acknowledging that a field engineer, geotechnical engineer and engineering geologist, when appropriate, will City of Palmdale
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be employed to perform the services required by this code, whenever approval of the plans and issuance of the permit are to be based on the condition that such professional persons be so employed. These acknowledgments shall be on a form furnished by the Building Official.
11. The recommendations in the soil engineering and engineering geology reports shall be incorporated in the grading plans.
12. Detailed plans of all drainage-devices, walls, cribbing or other protective devices to be constructed in connection with, or as a part of, the proposed work, together with a map showing the drainage area and estimated runoff of the area served by any drains. Suitable access shall be provided to permit proper cleaning and maintenance.
13. Storm water provisions are required to be shown on the plan in accordance with the requirement of Section 106.4.3 of the code. See Section J104.10 for specific requirements.
14. Any additional plans, drawings or calculations deemed necessary by the Building Official or City Engineer to show conformance of the proposed work with the requirements of this code or related ordinances.
15. A drainage plan for that portion of a lot or parcel to be utilized as a building site (building pad), including elevations of floors with respect to finish site grade and locations of proposed stoops, slabs and fences that may affect drainage. The dates of the soils engineering and/or engineering geology (geotechnical) reports together with the names, addresses and telephone numbers of the firms or individuals who are in responsible charge of preparing the reports.
16. Whenever a landscape permit is required as part of a grading project, the grading, irrigation and landscape plans shall be coordinated between the design engineer and landscape architect. The landscape plans shall be based on the most recent grading plan. Should there be any final elevation differences between the two plans, the elevations shown on the grading plans shall govern.
Fees. Grading permit and plan checking fees shall be as specified in the City of Palmdale Fee Ordinance.
J104.3 Geotechnical Report
A geotechnical report prepared by a registered design professional shall be provided. The report shall contain not less than the following:
1. The nature and distribution of existing soils.
2. Conclusions and recommendations for grading procedures.
3. Soil design criteria for any structures or embankments required to accomplish the proposed grading.
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4. Where necessary, slope stability studies, and recommendations and conclusions regarding site geology.
5. The soils report shall comply with City’s Engineering Design Standards and City manual, titled “Guidelines For Preparation of Geotechnical Reports”.
Exception: A geotechnical report is not required where the Building Official or City Engineer determines that the nature of the work applied for is such that a report is not necessary.
J104.3.1 Engineering Geological Reports
The City Engineer or Building Official may require an engineering geological investigation and report, based on the most recent grading plan. The engineering geological report shall include an adequate description of the geology of the site and conclusions and recommendations regarding the effect of geologic conditions on the proposed development.
J104.4 Liquefaction Study
For sites with mapped maximum considered earthquake spectral response accelerations at short periods (Ss) greater than 0.5g as determined by Section 1613, a study of the liquefaction potential of the site shall be provided and the recommendations incorporated in the plans.
Exception: A liquefaction study is not required where the Building Official determines from established local data that the liquefaction potential is low.
J104.5 Permit Limitations and Conditions
J104.5.1 General Conditions.
The issuance of a grading permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit or on the grading plans and specifications approved by the City Engineer.
J104.5.2 Jurisdictions of Other Agencies.
Permits issued under the provisions of this code shall not relieve the owner of the responsibility for securing permits or licenses that may be required from other departments or divisions of the governing agencies.
J104.5.3 Conditions of Approval
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In granting any permit under this code, the City Engineer or Building Official may attach such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property. Such conditions may include, but shall not be limited to:
1. Improvement of any existing grading to bring it up to the standards of this code.
2. Requirements for fencing of excavations or fills that would otherwise be hazardous.
3. Fugitive dust control measures. See Section J104.10.9 for specific requirements.
Modification of Approved Plans. Any modifications of or changes in the approved grading plans must be approved by the City Engineer. Modifications which affect basic tract design or land use must have the approval of the appropriate control agency.
Special Permit. Agricultural or Road Grading. Where the grading proposed is solely for the purpose of preparing land for agricultural purposes or for the construction of a roadway to be used as access for maintaining the use of the land at the time of the permit, the City Engineer or Building Official may issue a special permit therefor and modify the requirements of this chapter when he or she finds:
1. The site of the proposed work has an area of not less than 10 acres (4.05 ha).
2. The work will be reasonably safe for the intended use and will not result in a hazard to adjoining property or existing structures.
3. Adequate provision will be made for drainage and erosion control.
J104.6 Denial of Permit
J104.6.1 Hazards
The City Engineer or Building Official shall not issue a grading permit in any case where he or she finds that the work, as proposed by the applicant, is likely to adversely affect the stability of adjoining property, result in the deposition of debris on any public way, interfere with any existing drainage course or be in an area determined to be subject to geological hazard. If it can be shown to the satisfaction of the City Engineer or Building Official that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, drainage devices or by other means, the City Engineer or Building Official may issue the permit with the condition that such work be performed.
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J104.6.2 Land Use
The City Engineer or Building Official shall not issue a grading permit for work on a site unless the proposed uses shown on the grading plan for the site will comply with the City of Palmdale Zoning Ordinance.
J104.7 Security
J104.7.1 Security Required
A permit shall not be issued for grading unless the owner shall first post with the City Engineer security in one of the following forms:
1. A bond furnished by a corporate surety authorized to do business in this state.
2. A cash bond.
Security required by this section may include incidental off-site grading on property contiguous with the site to be developed, provided written consent of the owner of such contiguous property is filed with the City Engineer.
The City Engineer may waive the requirements for a security for:
1. Grading being done by or for a governmental agency.
2. Grading necessary to remove a geological hazard, where such work is covered by an agreement and security.
3. Filling of holes or depressions, provided such grading will not affect the drainage from or to adjacent properties.
J104.7.2 Amount of Security
The amount of security shall be based on the number of cubic yards of material in either excavation or fill, whichever is greater, plus the cost of all drainage or other protective devices or work necessary to eliminate geological hazards. That portion of the security valuation based on the volume of material in either excavation or fill shall be computed as 110 percent of the estimated cost, regardless of the cubic yardage. When the rough grading has been completed in conformance with the requirements of this code, the City Engineer may at his or her discretion consent to a proportionate reduction of the security to an amount estimated to be adequate to ensure completion of the grading work, site development or planting remaining to be performed. The costs referred to in this section shall be as estimated by the City Engineer.
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J104.7.3 Conditions
All security shall include the conditions that the principal shall:
1. Comply with all of the provisions of the code, applicable laws, and ordinances.
2. Comply with all of the terms and conditions of the grading permit.
3. Complete all of the work authorized by the permit.
J104.7.4 Term of Security
The term of each security shall begin upon the filing thereof with the City Engineer and the security shall remain in effect until the work authorized by the grading permit is completed and approved by the City Engineer.
Default Procedures. In the event the owner or the owner’s agent fails to complete the work or fails to comply with all terms and conditions of the grading permit, it shall be deemed that a default has occurred. The City Engineer shall give notice thereof to the principal and security or financial institution on the grading permit security, or to the owner in the case of a cash deposit or assignment and may order the work required to complete the grading in conformance with the requirements of this code. The surety or financial institution executing the security shall continue to be firmly bound under an obligation up to the full amount of the security for the payment of all necessary costs and expenses that may be incurred by the City Engineer in causing any and all such required work to be done. In the case of a cash deposit or assignment, the unused portion of such deposit or funds assigned shall be returned or reassigned to the person making said deposit or assignment.
Right of Entry. The City Engineer or Building Official or the authorized representative of the Surety Company or financial institution shall have access to the premises described in the permit for the purpose of inspecting the work. In the event of default in the performance of any term or condition of the permit, the surety or financial institution or the Building Official, or any person employed or engaged in the behalf of any of these parties, shall have the right to go upon the premises to perform the required work. The owner or any other person who interferes with or obstructs the ingress to or egress from any such premises of any authorized representative of the surety or financial institution or of the City of Palmdale engaged in the correction or completion of the work for which a grading permit has been issued, after a default has occurred in the performance of the terms or conditions thereof, is guilty of a misdemeanor.
J104.8 Safety Precautions
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If at any stage of the work the City Engineer or Building Official determines by inspection that further grading as authorized is likely to endanger any public or private property, result in the deposition of debris on any public way or interfere with any existing drainage course, the City Engineer or Building Official may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such person shall forthwith stop such work. The City Engineer or Building Official may authorize the work to proceed if the City Engineer or Building Official finds adequate safety precautions can be taken or corrective measures incorporated in the work to avoid likelihood of such danger, deposition or interference. If the grading work as done has created or resulted in a hazardous condition, the City Engineer or Building Official shall give written notice requiring correction thereof as specified in Section J103.5 of this code. If the City Engineer or Building Official finds any existing conditions not as stated in the grading permit or not as shown on the grading plan, the City Engineer or Building Official may order the work stopped until a revised grading plan which includes provisions for such existing conditions has been submitted and approved.
J104.9 Storm Water Management Plan (Erosion Control)
No grading permit shall be issued for work to be commenced between October 1 of any year and April 15 of the following calendar year, unless the plans for such work include a storm water management plan with details of protective measures, including desilting basins or other temporary drainage or control measures, or both, as may be necessary to protect adjoining public and private property from damage by erosion, flooding or the deposition of mud, debris or construction-related pollutants which may originate from the site or result from such grading operation.
If grading has been started prior to November 1, all protective measures shall be installed prior to November 1. If grading is started on or after November 1, all protective measures shall be installed before grading begins. As grading progresses, all protective measures shall be maintained in good working order to the satisfaction of the City Engineer until April 15 of the following year, unless final grading approval has been granted by the City Engineer prior to that date and all permanent drainage and erosion-control systems, if required, are in place.
J104.9.1 Storm Damage Precautions, Incomplete Work
Where a grading permit is issued and the work is commenced after April 15 and before October 1 of any year and the plans for such work do not include details of the protective measures described in Section J104.9, and it appears that the grading and installation of the permanent drainage devices as authorized by the permit will not be completed prior to November 1, then on or before October 1 City of Palmdale
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the owner of the site on which the grading is being performed shall file or cause to be filed with the City Engineer revised plans which include details of the protective measures described in and in all other respects follow the provisions of Section J104.9. The revised plans required by this section shall be accompanied by an application for plan check services and plan check fees in accordance with City Fee Schedule.
J104.9.2 Storm Water Management Plan (Erosion Control),effect of noncompliance
Should the owner fail to submit the plans or fail to provide the protective measures required by Section J104.9 or J104.9.1 by the dates specified therein, it shall be deemed that a default has occurred under the conditions of the grading permit security. Thereupon, the City Engineer may enter the property for the purpose of installing, by city forces or by other means, the drainage, erosion control and other devices shown on the approved plans, or if there are no approved plans, as the City Engineer may deem necessary to protect adjoining property from storm damage, or the City Engineer may cause the owner of the site to be prosecuted as a violator of this code or City Engineer may take both actions. The City Engineer shall have the authority to collect the penalties imposed by Section J104.9.2 upon determining that the site is not in compliance with the requirements of this section. Payment of penalty shall not relieve any persons from fully complying with the requirements of this code in the execution of the work.
In addition to the above actions, the following penalties shall be imposed:
1. If a designed erosion-control plan is not submitted as prescribed in Section J104.9.1:
2. If protective devices for erosion control are not installed as prescribed in Section J104.9 and approved by the City Engineer:
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J104.9.2.1 Costs and Penalties.
If not paid within 30 days from the date of the notice, the penalties imposed by Section J104.9.2 shall become a special assessment against the property.
J104.9.2.1 Notice of Violation
J104.9.2.1.a General
The City Engineer may record a notice of violation with the county recorder’s office when a property is in violation of Section J104.9 of this code. Recordation of such notice shall be subject to the provisions of Sections J104.9.2.1.b and J104.9.2.c The remedy provided by this section is cumulative to any other enforcement action permitted by this code.
J104.9.2.1.b Recordation
If (1) the City Engineer determines that any property is in violation of Section J104.9 of this code; and if (2) the City Engineer gives written notice as specified below of said violation; and if (3) within 30 days of said notice, the property is not brought into compliance with this code, the City Engineer may, at his or her sole discretion, at any time thereafter, record with the county recorder’s office a notice that the property is in violation of this code.
Contents of Notice. The written notice given pursuant to this section shall indicate:
1. The nature of the violation(s); and
2. Notice that if the violation is not remedied to the satisfaction of the City Engineer within 30 days, the City Engineer may, at any time thereafter, record with the county recorder’s office a notice that the property is in
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violation of this code. The notice shall be posted on the property and shall be mailed to the owner of the property as indicated on the last equalized county assessment roll. The mailed notice may be sent by registered, certified or first-class mail.
J104.9.2.1.c Rescission
Any person who desires to have recorded a notice rescinding the notice of violation may present evidence of compliance and payment of penalty fees and costs to the City Engineer. The costs incurred by the City Engineer in the investigation of such violations and the processing of the notice and notification of concerned parties and inspection costs shall be as specified in currently adopted Palmdale Fee Ordinance. If the City Engineer determines that such fees have been paid and such costs have been recovered by the City, or that such fees and costs have been placed on the tax rolls as a special assessment pursuant to Section 25845 of the Government Code, the City Engineer shall record a notice rescinding the prior notice of violation.
J 104.10 Responsibility of Permitee
J104.10.1 Compliance with Plans and Code
The permittee or the permittee’s agent shall carry out the proposed work in accordance with the approved plans and specifications and in compliance with all the requirements of this code.
J104.10.2 Coordinator
The permittee shall act as the coordinator between the consultants, contractor and City Engineer or Building Official. The permittee shall present to the City Engineer or Building Official the names of all consultants prior to obtaining a grading permit. In the event of changed conditions, the permittee shall be responsible for informing the City Engineer or Building Official of such change and shall provide revised plans and reports for approval. All slope planting shall also be subject to the requirements of City of Palmdale Landscape Ordinance No. 1475 and the City’s Landscaping Design Standards. If a landscape permit is not required, the slope planting shall be a part of the grading permit. If the slope planting is within an area in which a landscape permit is required under City of Palmdale Landscape Ordinance No. 1475, all slope planting shall also meet the requirements of this chapter and shall be a part of the landscape permit.
J104.10.3 Inspections
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It shall be the responsibility of the permittee to notify the City Engineer when the work is ready for the inspections required by Section J105. The notification shall be at least one working day in advance of the inspection.
J104.10.4 Protection of Utilities
The permittee shall be responsible for the prevention of damage to any public utilities or services.
J104.10.5 Protection of Adjacent Property
The permittee is responsible for the prevention of damage to adjacent property, and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property without supporting and protecting such property from settling, cracking or other damage which might result. Special precautions shall be made to prevent imported or exported materials from being deposited on the adjacent public way and/or drainage courses.
J104.10.6 Storm Water Control Measures
The permittee shall put into effect and maintain all mitigation measures required under the National Pollution Discharge Elimination System (NPDES) permit issued to the City of Palmdale. Such measures are precautionary measures necessary to protect adjacent watercourses and public or private property from damage by erosion flooding and deposition of mud debris, and construction- related pollutants.
J104.10.7 Termination of Consultants
The permittee shall notify the City Engineer or Building Official within 48 hours if any consultant resigns or is terminated.
J104.10.8 Best Management Practices
The permittee shall maintain the site in such a manner as to minimize the impacts of storm water and construction related pollutants due to the grading and related construction activities on adjacent public and private property and drainage courses. The required best management practices shall include, but not be limited to, those identified in this section.
1. All equipment used for grading and related activities shall be stored, serviced, and refueled in a designated area specifically designed to City of Palmdale
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prevent waste oils, fuels, solvents and other pollutants from contaminating the soil or being conveyed by storm water.
2. All fuels, solvents, oil, and other foreign substances and their containers shall be stored in accordance with their listing and protected from the weather in such a manner as to prevent them from contaminating the soil or being conveyed by storm water.
3. A covered receptacle shall be available on-site for collection of trash and debris to be disposed of off-site. The site shall be maintained in such a manner as to prevent the deposition of trash and debris onto adjacent public and private property.
4. All vehicles or equipment shall be free of mud and debris before leaving the site so as not to track or deposit such material onto the public way.
The roadway entrance must be stabilized in such a manner as to prevent the off-site tracking of soil or mud. Provisions shall be made for immediate cleaning of the public way when accidental depositions occur.
J104.10.9 Fugitive Dust Control Measures
The permittee shall put into effect and maintain control measures so as to not cause or allow emissions of fugitive dust from any active grading operation, open stockpile area, or disturbed area such that the presence of dust remains visible in the atmosphere beyond the property line of the emission source. Control measures may include, but are not limited to, the suspension of grading operations, the application of water, the application of chemical stabilizers, the installation of temporary coverings, the installation of silt fencing, or the establishment of vegetative ground cover.
J104.11 Import and Export of Earth Materials
In addition to other provisions of this code, the following requirements shall apply when earth materials in excess of 50 cubic yards are to be exported from or imported to a grading site by transporting such materials over a publicly maintained street.
1. The point or points of access to the public street or streets for export or import shall be shown on the haul route plan and shall be located as approved by the City Engineer.
2. Special safety precautions equivalent to the following standards shall be provided where the egress (outhaul) road connects with the public street. a. The last 50 feet (15240 mm) of the outhaul road immediately adjoining the street if downgrade to the street shall have a grade no steeper than 3 percent.
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b. An unobstructed sight distance of not less than 300 feet (91440 mm) in each direction up and down the public street shall be provided at the point of egress. Such sight distance shall be measured from a point 8 feet (2438 mm) above grade in the outhaul road; that point shall be 10 feet (3048 mm) outside the edge of the street pavement or, if no pavement, 10 feet (3048 mm) outside the edge of the normally traveled portion of the public street.
3. Traffic-control devices shall be provided and maintained at the connection of the ingress and egress roads with the public way as may be required by the city of Palmdale City Engineer.
4. Haul Route Permit and plan shall be required showing the approved route and deposition site. The plan shall indicate all required permits and approvals for the deposition site.
J 104.11.1 Planning and Zoning Compliance.
No grading permit shall be issued for the import or export of more than 50 cubic yards of earth material to or from a grading site unless the project is in conformance with “Planning and Zoning,” of the City of Palmdale.
Section J105 Grading Designation and Inspections
J105.1 General
Grading involving a fill intended to support structures of more than one lot or parcel of land, or in excess of 5,000 cubic yards (3822.8 m3) of material or grading where the City Engineer determines special conditions or unusual hazards exist shall conform with Section J105.4, entitled “Engineered Grading Requirements.”
Grading other than “engineered grading” shall be designated “regular grading.” J105.2 Regular Grading Requirements.
The grading shall be inspected by the City Engineer as set forth in Section J105.3, “Inspection of Excavation and Fills.”
The City Engineer may require inspection and testing by a soil testing agency. If required, the soil testing agency’s responsibility shall include, but need not be limited to, approval concerning the inspection of cleared areas and benches to receive fill, and the compaction of fills.
J105.3 Inspection of Excavation and Fills
City of Palmdale
Ordinance No. 1595
Exhibit “A” Page 34
The City Engineer, upon notification from the permittee or the permittee’s agent, shall inspect the grading at the following stages of the work and shall either approve the portion then completed or shall notify the permittee or the permittee’s agent wherein it fails to comply with the requirements of this code.
J105.3.1 Initial Inspection
When the site has been cleared of vegetation and unapproved fill and it has been scarified, benched or otherwise prepared for fill.
No fill shall have been placed prior to this inspection.
J105.3.2 Rough Inspection
When approximate final elevations have been established; drainage terraces, swales and other drainage devices graded and ready for paving; berms installed at the top of the slopes; and the statements required by Section J105.9 have been received.
J105.3.3 Final Inspection
When grading has been completed; all drainage devices installed; slope planting established, irrigation systems installed; and the as graded plans and required statements and reports have been submitted. In addition to the called inspections specified above, the City Engineer may make such other inspections as may be deemed necessary to determine that the work is being performed in conformance with the requirements of this code.
Investigations and reports by an approved soil testing agency, soils engineer and/or engineering geologist may be required.
J105.3.4 Non-Inspected Grading
No person shall own, use, occupy or maintain any non-inspected grading. For the purposes of this code, non-inspected grading shall be defined as any grading for which a grading permit was first obtained, pursuant to Section J103.1, but which has progressed beyond any point requiring inspection and approval by city engineer without such inspection and approval having been obtained.
J105.4 Engineered Grading Requirements
For engineered grading, it shall be the responsibility of the persons listed below to perform the designated functions and provide reports as set forth in Section J105.9. These responsibilities and functions are in addition to those of the City Engineer as set forth in Section J105.3.
City of Palmdale
Ordinance No. 1595
Exhibit “A” Page 35
J105.4.1 Design Engineer
The design engineer shall prepare the grading plans and shall incorporate recommendations from the soil engineering geology reports on such plans.
J105.4.2 Field Engineer
The responsibilities of the field engineer shall include the establishment and approval of line, grade and surface drainage.
The design engineer and field engineer need not be the same person. At the completion of the rough grading and final grading, the field engineer shall submit the statements and reports required by Section J105.9.
J105.4.3 Soils Engineer
The soils engineer shall provide professional inspection within such engineer’s area of technical specialty, which shall include observation during grading and testing for required compaction. The soils engineer shall provide sufficient observation during the preparation of the natural ground and placement and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and the appropriate requirements of this code. Revised recommendations relating to conditions noted during grading and differing from the approved soils engineering and engineering geology reports shall be coordinated with the engineering geologist and submitted to the permittee, the building official or City Engineer, the engineering geologist and the field engineer.
J105.4.4 Engineering Geologist
The engineering geologist shall provide professional inspection within such geologist’s area of technical specialty, which shall include professional inspection of the bedrock excavation or excavation for subdrains, buttress fills and shear keys to determine if conditions encountered are in conformance with the approved report. Revised recommendations relating to conditions differing from the approved engineering geology reports shall be submitted to the soils engineer.
J105.4.5 Grading Contractor
The grading contractor shall submit the statement required by Section J105.9 at the completion of rough grading.
City of Palmdale
Ordinance No. 1595
Exhibit “A” Page 36
Planting and irrigation. When planting and irrigation are required by Section J110, the statement required by Section J105.9 shall be submitted prior to the final approval of the grading by the City Engineer. Reports that reflect conditions which are not in agreement with the approved grading plans shall be submitted to the field engineer and the City Engineer or Building Official by the appropriate consultants.
J105.5 Notification of Nonconformance
If, in the course of fulfilling their responsibilities under this code, the field engineer, soils engineer or engineering geologist finds that the work is not being done in conformance with this code or the plans approved by the City Engineer, or in accordance with good accepted practices, the permittee and the City Engineer or Building Official shall be immediately notified in writing of the nonconformity and of the corrective measures to be taken.
J105.6 Termination of Services
The termination of the service of the field engineer, soils engineer or geologist prior to the completion of the work shown on the approved grading plans shall be reported to the City Engineer in writing within 48 hours. The report shall be by the person terminated and shall include the status of the work at the last inspection.
The work shall be stopped until the replacement has agreed to accept the responsibility within the area of his or her technical competence for verification upon completion of the work.
J105.7 Violation
It is a violation of this code for any person to verify to the satisfactory completion of work as required by this chapter if such work is subsequently found by the City Engineer or Building Official to have been in substantial noncompliance with the approved design or code requirement at the time of verification.
J105.8 Notification of Completion
The permittee shall notify the City Engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices, and all erosion- control measures have been completed in accordance with the final approved grading plan, and the required reports and certifications have been submitted.
J105.9 Reports and Statements – Final Reports
City of Palmdale
Ordinance No. 1595
Exhibit “A” Page 37
Upon completion of the rough grading work and at the final completion of the work, the following reports, drawings and supplements thereto are required for engineered grading or when professional inspection is performed for regular grading, as applicable. An as-graded grading plan prepared by the field engineer retained to provide such services in accordance with Section J105.4 shall show original ground surface elevations, as-graded ground surface elevations, lot drainage patterns, limits of over excavated areas, and the locations and elevations of surface drainage facilities and of the outlets of subsurface drains.
As-constructed locations, elevations and details of subsurface drains shall be shown as reported by the soils engineer.
Field engineers shall state that the work within their area of responsibility was done in accordance with the final approved grading plan.
Reports prepared by the soils engineer retained to provide such services in accordance with Section J105.4, which include locations and elevations of field density tests, summaries of field and laboratory tests, other substantiating data, and comments on any changes made during tests and their effect on the recommendations made in the approved soils engineering investigation report.
Soils engineers shall submit a statement that, to the best of their knowledge, the work within their area of responsibility is in accordance with the approved soils engineering report and applicable provisions of this code.
Reports prepared by the engineering geologist retained to provide such services in accordance with Section J105.4, which include a final description of the geology of the site and any new information disclosed during the grading and the effect of this information on recommendations incorporated in the approved grading plan.
Engineering geologists shall submit a statement that, to the best of their knowledge, the work within their area of responsibility is in accordance with the approved engineering geology report and applicable provisions of this code.
Where necessary, such report shall include a final geologic map and cross sections and recommendations noting geologic hazards and sewage disposal areas when the site inspection was required under Section J105.1. The grading contractor shall submit in a form prescribed by the City Engineer a statement of conformance to the as-graded plan and the specifications.
J105.10 Special Inspections
The special inspection requirements of Section 1705.6 shall apply to work performed under a grading permit where required by the Building Official.
Section J106 Excavations
J106.1 Maximum Slope
City of Palmdale
Ordinance No. 1595
Exhibit “A” Page 38
The slope of cut surfaces shall be not steeper than is safe for the intended use, and shall be not more than one unit vertical in two units horizontal (50-percent slope unless the owner furnishes a geotechnical engineering or an engineering geology report, or both, stating that the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property. Substantiating calculations and supporting data may be required where the City Engineer or Building Official determines that such information is necessary to verify the stability and safety of the proposed slope.
The City Engineer or Building Official may require the excavation to be made with a cut face flatter in slope than one and one-half horizontal to one vertical if the City Engineer or Building Official finds it necessary for stability and safety.
Exceptions:
1. A cut surface shall be permitted to be at a slope of 1.5 units horizontal to 1 unit vertical (67-percent slope) provided that all of the following are met:
2. It is not intended to support structures or surcharges.
3. It is adequately protected against erosion.
4. It is not more than 8 feet (2438 mm) in height.
5. It is approved by the Building Code Official.
6. Ground water is not encountered.
7. A cut surface in bedrock shall be permitted to be at a slope of 1 unit horizontal to 1 unit vertical (100-percent slope) if approved by City Engineer or Building Official.
J 106.2 Slope Surface Protection.
All slopes must be stabilized against surface erosion. Stabilization may be accomplished through the application of erosion-control blankets, soil stabilizers or other means as approved by the City Engineer or Building Official.
J106.3 Drainage.
Drainage terraces and interceptor drain shall be provided as required by Section J109
Section J107 Fills
J107.1 General
Unless otherwise recommended in the geotechnical report, fills shall comply with the provisions of this section.
City of Palmdale
Ordinance No. 1595
Exhibit “A” Page 39
J107.2 Surface Preparation
The ground surface shall be prepared to receive fill by removing vegetation, topsoil, and other unsuitable materials, and scarifying the ground to provide a bond with the fill material.
J107.3 Benching
Where existing grade is at a slope steeper than one unit vertical in five units horizontal (20-percent slope) and the depth of the fill exceeds 5 feet (1524 mm) benching shall be provided in accordance with Figure J107.3. A key shall be provided that is not less than 10 feet (3048 mm) in width and 2 feet (610 mm) in depth.
For SI: 1 foot = 304.8 mm.
FIGURE J107.3
Benching Details
J107.4 Fill Material
Fill material shall not include organic, frozen, or other deleterious materials. Rock or similar irreducible material greater than 12 inches (305 mm) in any dimension shall not be included in fills.
City of Palmdale
Ordinance No. 1595
Exhibit “A” Page 40
J107.5 Compaction
All fill material shall be compacted to 90 percent of maximum density as determined by ASTM D1557, Modified Proctor, in lifts not exceeding 12 inches (305 mm) in depth.
J107.6 Maximum Slope
The slope of fill surfaces shall be not steeper than is safe for the intended use.
Fill slopes steeper than one unit vertical in two units horizontal (50-percent slope) shall be justified by a geotechnical report or engineering data.
J107.7 Drainage
Drainage terraces and interceptor drain shall be provided as required by Section J109.
J107.8 Inspection of Fill
For engineered grading, the soils engineer shall provide sufficient inspections during the preparation of the natural ground and the placement and compaction of the fill to be satisfied that the work is being performed in accordance with the conditions of plan approval and the appropriate requirements of this chapter. In addition to the above, the soils engineer shall be present during the entire fill placement and compaction of fills that will exceed a vertical height or depth of 30 feet (8849 mm) or result in a slope surface steeper than two units horizontal to one unit vertical (50-percent slope).
J107.9 Testing of Fill
Sufficient tests of the fill soil shall be made to determine the density thereof and to verify compliance of the soil properties with the design requirements, including soil types and shear strengths in accordance with the standards established by the City Engineer or Building Official. The results of such testing shall be included in the reports required by this chapter.
Section J108 Setbacks
J108.1 General
Cut and fill slopes shall be set back from the property lines in accordance with this section. Setback dimensions shall be measured perpendicular to the property line and shall be described in Section J108.2, unless substantiating data is submitted justifying reduced setbacks. The grading design must be such that City of Palmdale
Ordinance No. 1595
Exhibit “A” Page 41
the property line between adjacent lots will be at the apex of the berm at the top of the slope.
J108.2 Slope Setbacks
J108.2.1 Top of Slope
The setback at the top of a slope to property line shall not be less than one fifth the height of the slope with a minimum of 2 feet (610 mm) and a maximum of 10 feet (3048 mm), or than is required to accommodate any required interceptor drains, whichever is greater.
J108.2.2 Toe of Slope
The setback at the toe of a slope to property line shall not be less than one fifth the height of the slope with a minimum of 2 feet (610 mm) and a maximum of 20 feet (6096 mm).
J108.3 Slope Protection
Where required to protect adjacent properties at the toe of a slope from adverse effects of the grading, additional protection, approved by the Building Official, shall be included. Examples of such protection include but are not be limited to:
1. Setbacks greater than those required by Figure J108.1.
2. Provisions for retaining walls or similar construction.
3. Erosion protection of the fill slopes.
4. Provision for the control of surface waters.
Section J109 Drainage and Terracing
J109.1 General
Unless otherwise recommended by a registered design professional, drainage facilities and terracing shall be provided in accordance with the requirements of this section.
Exception: Drainage facilities and terracing need not be provided where the ground slope is not steeper than one unit vertical in three units horizontal (33- percent slope).
J109.1.1 Site Grading and Drainage
The site or lot grading shall meet the requirements as specified in CBC Section 1804.4 – “Site Grading”
City of Palmdale
Ordinance No. 1595
Exhibit “A” Page 42
J109.1.2 Disposal.
Drainage facilities shall be designed to carry surface waters to the nearest practical street, storm drain, or natural watercourse approved by the City Engineer or other appropriate governmental agency as a safe place to deposit such waters. Desilting basins, filter barriers or other methods, as approved by the City Engineer, shall be utilized to remove sediments from surface waters before such waters are allowed to enter streets, storm drains or natural watercourses. If the drainage device discharges onto natural ground, riprap or a similar energy dissipater may be required.
J109.2 Terraces
Terraces not less than 6 feet (1829 mm) in width shall be established at not more than 30-foot (9144 mm) vertical intervals on all cut or fill slopes to control surface drainage and debris. Suitable access shall be provided to allow for cleaning and maintenance.
Where more than two terraces are required, one terrace, located at approximately mid-height, shall be not less than 12 feet (3658 mm) in width.
When the total slope height exceeds 100 feet (30480 mm), one terrace near mid height shall not be less than 20 feet (6096 mm) in width (measured horizontally from the outside edge). In lieu of the above, for cut and fill slopes greater than 120 feet (36576 mm) in height, the applicant may submit a drainage and terrace design by a civil engineer for approval by the city engineer.
Swales or ditches shall be provided on terraces. They shall have a minimum gradient of one unit vertical in 20 units horizontal (5-percent slope) and shall be paved with concrete not less than 3 inches (76 mm) in thickness, or with other materials suitable to the application. They shall have a depth not less than 12 inches (305 mm) and a width not less than 5 feet (1524 mm).
A single run of swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet (1256 m2) (projected) without discharging into a down drain.
J109.3 Interceptor Drains
Interceptor drains shall be installed along the top of cut slopes receiving drainage from a tributary width greater than 40 feet (12 192 mm), measured horizontally.
They shall have a minimum depth of 1 foot (305 mm) and a minimum width of 3 feet (915 mm). The slope shall be approved by the building official but shall be not less than one unit vertical in 50 units horizontal (2-percent slope). The drain shall be paved with concrete not less than 3 inches (76 mm) in thickness, or by other materials suitable to the application. Discharge from the drain shall be City of Palmdale
Ordinance No. 1595
Exhibit “A” Page 43
accomplished in a manner to prevent erosion and shall be approved by the Building Official or City Engineer.
J109.4 Drainage Across Property Lines
Drainage across property lines shall not exceed that which existed prior to grading. Excess or concentrated drainage shall be contained on site or directed to an approved drainage facility. Erosion of the ground in the area of discharge shall be prevented by installation of nonerosive down drains or other devices.
J109.5 Subsurface Drainage.
Cut and fill slopes shall be provided with subsurface drainage as necessary for stability.
Section J110 Erosion Control
J110.1 General
The faces of cut and fill slopes shall be prepared and maintained to control erosion. This control shall be permitted to consist of effective planting or other devices satisfactory to the City Engineer. All slope planting shall also be subject to the requirements of City of Palmdale Landscape Ordinance No. 1475 and the City’s Landscaping Design Standards. If a landscape permit is not required, the slope planting shall be a part of the grading permit. If the slope planting is within an area in which a landscape permit is required under City of Palmdale Landscape Ordinance No. 1475, all slope planting shall also meet the requirements in this chapter and shall be a part of the landscape permit.
Exception: Erosion control measures may not be required on cut slopes not subject to erosion due to the erosion-resistant character of the materials.
J110.2 Planting
The surface of all cut slopes more than 5 feet (1524 mm) in height and fill slopes more than 3 feet (914 mm) in height shall be protected against damage by erosion by planting with ground cover plants. Slopes exceeding 15 feet (4572 mm) in vertical height shall also be planted with shrubs, spaced not to exceed 10 feet (3048 mm) on centers; trees, spaced not to exceed 20 feet (6096 mm) on centers; or a combination of shrubs and trees at equivalent spacing, in addition to the ground cover plants. The plants selected and planting methods used shall be suitable for the soil and climatic conditions of the site and shall be in accordance with standard specifications on file in the office of the City Engineer. Planting City of Palmdale
Ordinance No. 1595
Exhibit “A” Page 44
need not be provided for cut slopes rocky in character and not subject to damage by erosion and any slopes protected against erosion damage by other methods when such methods have been specifically recommended by a soils engineer, engineering geologist, or equivalent authority and found to offer erosion protection equal to that provided by the planting specified in this section. Plant material shall be selected which will produce a coverage of permanent planting effectively controlling erosion.
Consideration shall be given to deep-rooted plant material needing limited watering, to low maintenance during the lifetime of the project, to high root-to- shoot ratio (weight of above-ground parts versus root system), to wind susceptibility and to fire-retardant characteristics.
J110.3 Irrigation
Slopes required to be planted by Section J110.2 shall be provided with an approved system of irrigation that is designed to cover all portions of the slope.
Irrigation system plans shall be submitted and approved prior to installation. A functional test of the system shall be required. The requirements for permanent irrigation systems may be modified upon specific recommendation of a landscape architect or equivalent authority that, because of the type of plants selected, the planting methods used and the soil and climatic conditions at the site, irrigation will not be necessary for the maintenance of the slope planting.
J110.4 Plans and Specifications
Planting and irrigation plans shall be submitted for slopes required to be planted and irrigated by Sections J110.2 and J110.3. Except as waived by the City Engineer for minor grading, the plans for slopes 20 feet (6096 mm) or more in vertical height shall be prepared and signed by a civil engineer or landscape architect.
J110.5 Release of Security
The planting and irrigation systems required by this section shall be installed as soon as practical after rough grading. Prior to final approval of grading and before the release of the grading security, the planting shall be well established and growing on the slopes.
J110.6 Other Devices
Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and provide safety.
City of Palmdale
Ordinance No. 1595
Exhibit “A” Page 45
Section J111 Referenced Standards
J111.1 General
See Table J111.1 for standards that are referenced in various sections of this appendix. Standards are listed by the standard identification with the effective date, standard title, and the section or sections of this appendix that reference the standard.
TABLE J111.1
REFERENCED STANDARDS
8.04.265. Adoption of the Palmdale Existing Building Code.
Chapters 2 to 16, inclusive and Appendix Chapter A1 of the California Existing Building Code, 2022 edition, published by the International Code Council and the California Building Standards Commission of the State of California are adopted and incorporated herein by reference as if fully set forth below and shall be known as the Palmdale Existing Building Code and can be referenced as the PEBC.
8.04.300. Adoption of Palmdale Electrical Code.
Articles 90 through 840 inclusive, Chapter 9, of the California Electrical Code, 2022 Edition, published by the National Fire Protection Association and the Building Standards Commission of the state of California, are hereby adopted and incorporated herein by reference as if fully set forth below and shall be known and cited as the Palmda le Electrical Code of the City of Palmdale. The Palmdale Electrical Code may be referred to herein as the PEC.
City of Palmdale
Ordinance No. 1595
Exhibit “A” Page 46
8.04.400. Adoption of the Palmdale Fire Code.
Title 32, Fire Code, of the Los Angeles County Code, as amended from time to time, adopting the 2022 Edition of the California Fire Code and 2021 Edition of the International Fire Code, as amended by Title 32 Los Angeles County Fire Code, is adopted and incorporated herein by reference and shall constitute, and may be cited as, the “Palmdale Fire Code”. A copy of the Palmdale Fire Code has been deposited in the Office of the City Clerk and is maintained for use and examination by the public.
8.04.600. Adoption of the Palmdale Plumbing Code.
Chapters 2 to 13, inclusive, Chapters 15,16 ,17 and Appendix Chapters A, B, D, G, H, and I of the California Plumbing Code, 2022 Edition, published by the International Association of Plumbing and Mechanical Officials and the California Building Standard Commission of the state of California are adopted and incorporated herein by reference as if fully set forth below and shall be known as the Palmdale Plumbing Code and can be referenced as the PPC.
8.04.700. Adoption of Palmdale Mechanical Code.
Chapters 2 to 17 inclusive and Appendix Chapters D and G of the California Mechanical Code, 2022 Edition, published by the International Association of Plumbing and Mechanical Officials and the Building Standards Commission of the state of California, are adopted and incorporated herein by reference as if fully set forth below and shall be known as the Palmdale Mechanical Code of the City of Palmdale and can be referenced as the PMC.
8.04.750. Adoption of Palmdale Residential Code.
Chapters 2 to 10 inclusive, Chapter 44, Appendix Chapter AH, Patio Covers, and Appendix AX Swimming Pools of the California Residential Code, 2022 Edition, published by the International Code Council and the Building Standards Commission of the State of California, are adopted, and incorporated herein by reference as if fully set forth below and shall be known as the Palmdale Residential Code of the City of Palmdale and can be referenced as the PRC.
8.04.753. Amendments to Chapter 3 of the Palmdale Residential Code.
Table R301.2(1) is amended to read as follows:
City of Palmdale
Ordinance No. 1595
Exhibit “A” Page 47
TABLE R301.2
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND
SNOW
LOAD
WIND DESIGN
SEISMIC
DESIGN
CATEGORY f
SUBJECT TO DAMAGE FROM
WINTER
DESIGN
TEMP e
ICE BARRIER
UNDERLAYMENT
REQUIRED h
FLOOD
HAZARDS g
AIR
FREEZING
INDEX i
MEAN
ANNUAL
TEMP j
Speed
d
(mph)
Topographic
effects k
Special
wind
region
I
Wind-
borne
debris
zone m
Weathering
a
Frost line
Depth b Termite c
20 lbs/sq. ft. 95 No No No D2 Negligible 12 Yes 21 No
See PMC Sec.
15.28 1500 60o
MANUAL J DESIGN CRITERIA
n
Elevation Latitude
Winter
heating
Summer
cooling
Altitude
correction
factor
Indoor
design
Temperature
heating
Indoor
Design
temperature
cooling
Heating
temperature
difference
2542
34 degrees
North
99% DB
24 degrees
F
1% DB 98
degrees F 1.00 70 degrees F 75 degrees F 45 degrees F
Cooling
Temperature
difference
Wind
Velocity
heating
Wind
Velocity
cooling
Coincident
wet bulb
Daily
range
Winter
humidity
Summer
humidity
23 degrees F 15 mph 7.5 mph 67 H 50% RH
55%/ -31
50% / -24
45%/ -18
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s.
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., "negligible," "moderate" or "severe") for concrete as determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652.
b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade. c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R30l.2(2)].Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4.
City of Palmdale
Ordinance No. 1595
Exhibit “A” Page 48
e. Temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official.
f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.
g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the Flood Insurance Study and (c) the panel numbers and dates of all currently effective FIRMs and FBFMs or other flood hazard map adopted by the authority having jurisdiction, as amended.
h. In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO."
i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF- days) from Figure R403.3(2) or from the l00-year (99%) value on the National Climatic Data Center data table "Air Freezing Index- USA Method (Base 32°)" at www.ncdc.noaa.gov/fpsf.htrnl. j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)" at www.ncdc.noaa.gov/fpsf.html.
k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table. l. In accordance with Figure R301.2(4)A, where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with "YES" and identify any specific requirements. Otherwise, the jurisdiction shall indicate "NO" in this part of the table. m. In accordance with Section R301.2.1.2.1, the jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise, the jurisdictions shall indicate "NO" in this part of the Table.
Sections R403.1.2, R403.1.3.6 and R403.1.5 of the 2022 Edition of the California Residential Code are amended to read as follows:
8.04.754 Amendments to Chapter 4 of the Palmdale Residential Code.
Chapter 4, Foundations, of the Palmdale Residential Code as adopted by incorporation of the California Residential Code is hereby modified as follows:
Sections R403.1.2, R403.1.3 and R403.1.5 of the Palmdale Residential Code as adopted by the incorporation of the California Residential Code are amended to read as follows:
R403.1.2 Continuous footing in Seismic Design Categories D0, D1 and D2 .
The braced wall panels at exterior walls of buildings located in Seismic Design Categories D0, D1 and D2 shall be supported by continuous footings. All required interior braced wall panels in buildings shall be supported by continuous footings.
R403.1.3 Seismic reinforcing . Concrete footings located in Seismic Design Categories D0, D1 and D2, as established in Table R301.2(1), shall have minimum reinforcement. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) clear from the bottom of the footing.
City of Palmdale
Ordinance No. 1595
Exhibit “A” Page 49
R403.1.1.1
In Seismic Design Categories D0, D1 and D2 where construction joint is created between a concrete footing and a stem wall, a minimum of one No. 4 bar shall be installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing, have a standard hook and extend a minimum of 14 inches (357 mm) into the stem wall.
In Seismic Design Categories D0, D1 and D2 where a grouted masonry stem wall is supported on a concrete footing and stem wall, a minimum of one No. 4 bar shall be installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing and have a standard hook.
In Seismic Design Categories D0, D1 and D2 masonry stem walls without solid grout and vertical reinforcing are not permitted.
Exception: In detached one- and two-family dwellings located in Seismic Design Category A, B or C which are three stories or less in height and constructed with stud bearing walls, plain concrete footings without longitudinal reinforcement supporting walls and isolated plain concrete footings supporting columns or pedestals are permitted.
R403.1.5 Slope. The top surface of footings shall be level. The bottom surface of footings shall not have a slope exceeding one unit vertical in 10 units horizontal (10-percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footings or where the slope of the bottom surface of the footings will exceed one unit vertical in 10 units horizontal (10-percent slope).
For structures assigned to Seismic Design Categories D0, D1 or D2, stepped footings shall be reinforced with four No. 4 rebar. Two bars shall be place at the top and bottom of the footings as shown in Figure R403.1.5.
City of Palmdale
Ordinance No. 1595
Exhibit “A” Page 50
FIGURE R403.1.5
STEPPED FOOTING
8.04.755 Amendments to Chapter 5 of the Palmdale Residential Code.
Chapter 5, Floors, of the Palmdale Residential Code as adopted by incorporation of the California Residential Code is hereby modified as follows:
Section R503.2.4 is added to Chapter 5 of the 2022 Edition of the California Residential Code to read as follows:
R503.2.4 Openings in horizontal diaphragms. Openings in horizontal diaphragms with a dimension perpendicular to the joist that is greater than 4 feet (1.2 m) shall be constructed in accordance with Figure R503.2.4.
City of Palmdale
Ordinance No. 1595
Exhibit “A” Page 51
a. Blockings shall be provided beyond headers.
b. Metal ties not less than 0.058 inch [1.47 mm (16 galvanized gage)] by 1.5 inches (38 mm) wide with eight 16d common nails on each side of the header-joist intersection. The metal ties shall have a minimum yield of 33,000 psi (227 MPa).
c. Openings in diaphragms shall be further limited in accordance with Section R301.2.2.6.
FIGURE R503.2.4
OPENINGS IN HORIZONTAL DIAPHRAGMS
Lines 20, 21, 24, and 34 - 37 of Table R602.3(1) of the 2022 Edition of the California Residential Code are amended to read as follows:
8.04.756 Amendments to Chapter 6 of the Palmdale Residential Code.
Chapter 6, Wall Construction, of the Palmdale Residential Code as adopted by incorporation of the California Residential Code is hereby modified as follows:
Lines 20, 21, 24, and 34 - 37 of Table R602.3(1) of the 2022 Edition of the California Residential Code are amended to read as follows:
TABLE R602.3(1)—continued FASTENING SCHEDULE
City of Palmdale
Ordinance No. 1595
Exhibit “A” Page 52
ITE
M
DESCRIPTION OF BUILDING
ELEMENTS
NUMBER AND TYPE OF FASTENERa,
b, c
SPACING AND LOCATION
20 k 1" × 6" sheathing to each bearing
3-8d box (21/2" × 0.113"); or
2-8d common (21/2" × 0.131"); or 2-10d
box (3" × 0.128"); or
2 staples, 1" crown, 16 ga., 13/4" long
Face nail
21 k 1" × 8" and wider sheathing to each
bearing
3-8d box (21/2" × 0.113"); or
3-8d common (21/2" × 0.131"); or 3-10d
box (3" × 0.128"); or
3 staples, 1" crown, 16 ga., 13/4" long Face nail
Wider than 1" × 8"
4-8d box (21/2" × 0.113"); or
3-8d common (21/2" × 0.131"); or 3-10d
box (3" × 0.128"); or
4 staples, 1" crown, 16 ga., 13/4" long
Floor
24 k 1" × 6" subfloor or less to each joist
3-8d box (21/2" × 0.113"); or
2-8d common (21/2" × 0.131"); or 3-10d
box (3" × 0.128"); or
2 staples, 1" crown, 16 ga., 13/4" long
Face nail
Other wall sheathing
34 k
1/2" structural cellulosic fiberboard
sheathing
11/2" x 0.120” galvanized roofing nail,
7/16" head diameter, or 11/4" long 16 ga.
staple with 7/16" or 1" crown
3 6
35 k 25/32" structural cellulosic fiberboard
sheathing
13/4" x 0.120” galvanized roofing nail,
7/16” head diameter, or 1 ¼” long 16 ga.
Staple with 7/16” or 1” crown
3 6
36 k 1/2” gypsum sheathingd 11/2” x 0.120” galvanized roofing nail, 7/16” head diameter, or 1¼” long, 16 ga.;
staple galvanized, 11/2" long; 7/16” or 1”
crown or 11/4" screws, Type W or S
7 7
37 k 5/8" gypsum sheathingd 13/4" galvanized roofing nail, 7/16” head diameter, or 1¼” long, 16 ga.;
staple galvanized, 11/2" long; 7/16” or 1”
crown or 11/4" screws, Type W or S
7 7
TABLE R602.3(1)—continued FASTENING SCHEDULE
k. Use of staples in roof, floor, and braced wall panels shall be prohibited in Seismic Design Category D0, D1, or D2.
Footnote “b” of Table R602.3(2) of the 2022 Edition of the California Residential Code is amended to read as follows:
b. Staples shall have a minimum crown width of 7/16-inch on diameter except as noted. Use of staples in roof, floor, subfloor, and braced wall panels shall be prohibited in Seismic Design Category D0, D1, or D2.
City of Palmdale
Ordinance No. 1595
Exhibit “A” Page 53
Table R602.10.3(3) of the 2022 Edition of the California Residential Code is amended to read as follows:
City of Palmdale
Ordinance No. 1595
Exhibit “A” Page 54
a. Linear interpolation shall be permitted.
City of Palmdale
Ordinance No. 1595
Exhibit “A” Page 55
b. Interpolation of bracing length between the Sds values associated with the seismic design categories shall be permitted when a site-specific Sds value is determined in accordance with Section 1613.2 of the California Building Code.
c. Where the braced wall line length is greater than 50 feet, braced wall lines shall be permitted to be divided into shorter segments having lengths of 50 feet or less, and the amount of bracing within each segment shall be in accordance with this table.
d. Method LIB shall have gypsum board fastened to not less than one side with nails or screws in accordance with Table R602.3(1) for exterior sheathing or Table R702.3.5 for interior gypsum board.
Spacing of fasteners at panel edges shall not exceed 8 inches. e. Methods PFG and CS-SFB do not apply in Seismic Design Categories D0, D1 and D2. f. Methods PFH, PFG and ABW are only permitted on a single story or a first of two stories. g. Where more than one bracing method is used, mixing methods shall be in accordance with Section R602.10.4.1.
h. One- and two- family dwellings in Seismic Design Category D2 exceeding two stories shall be designed in accordance with accepted engineering practice. i. Methods GB and PCP braced wall panel h/w ratio shall not exceed 1:1 in SDC D0, D1 and D2. Methods DWB, SFB, PBS, HPS, and CS-SFB are not permitted in D0, D1 and D2.
Table R602.10.4 of the 2022 Edition of the California Residential Code is amended to read as follows:
City of Palmdale
Ordinance No. 1595
Exhibit “A” Page 56
City of Palmdale
Ordinance No. 1595
Exhibit “A” Page 57
City of Palmdale
Ordinance No. 1595
Exhibit “A” Page 58
a. Adhesive attachment of wall sheathing, including Method GB, shall not be permitted in Seismic Design Categories C, D0, D1 and D2.
b. Applies to panels next to garage door opening where supporting gable end wall or roof load only.
Shall only be used on one wall of the garage. In Seismic Design Categories D0, D1 and D2, roof covering dead load shall not exceed 3 psf.
c. Garage openings adjacent to a Method CS-G panel shall be provided with a header in accordance with Table R602.7(1). A full-height clear opening shall not be permitted adjacent to a Method CS-G panel.
d. Method CS-SFB does not apply in Seismic Design Categories D0, D1 and D2. e. Method applies to detached one- and two- family dwellings in Seismic Design Categories D0 through D2 only.
f. Methods GB and PCP braced wall panel h/w ratio shall not exceed 1:1 in SDC D0, D1 and D2.
Methods LIB, DWB, SFB, PBS, HPS, and PFG are not permitted in SDC D0, D1 and D2. g. Use of stapes in braced wall panels shall be prohibited in SDC D0, D1 and D2.
Figure R602.10.6.1 of the 2022 Edition of the California Residential Code is amended to read as follows:
City of Palmdale
Ordinance No. 1595
Exhibit “A” Page 59
Figure R602.10.6.2 of the 2022 Edition of the California Residential Code is amended to read as follows:
City of Palmdale
Ordinance No. 1595
Exhibit “A” Page 60
Figure R602.10.6.4 of the 2022 Edition of the California Residential Code is amended to read as follows:
City of Palmdale
Ordinance No. 1595
Exhibit “A” Page 61
City of Palmdale
Ordinance No. 1595
Exhibit “A” Page 62
Section R803.2.4 is added to Chapter 8 of the 2022 Edition of the California Residential Code to read as follows:
R803.2.4 Openings in horizontal diaphragms. Openings in horizontal diaphragms shall conform with Section R503.2.4.
8.04.775. Adoption of Palmdale Green Building Standards Code.
Chapters 2 to 8 inclusive, and Appendix Chapters A4 and A5 of the California Green Building Standards Code, 2022 Edition, published by the Building Standards Commission of the State of California, are adopted, and incorporated herein by reference as if fully set forth below and shall be known as the Palmdale Green Code of the City of Palmdale and can be referenced as the PGC.
CITY COUNCIL
CITY OF PALMDALE, CALIFORNIA
RESOLUTION NO. CC 2022-115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE MAKING ITS EXPRESS FINDINGS AS REQUIRED BY SECTION 17958.7
OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA RELATING TO THE ADOPTION OF THE 2022 EDITION OF THE
CALIFORNIA BUILDING CODE AND THE 2022 EDITIONS OF THE
CALIFORNIA RESIDENTIAL, GREEN BUILDING STANDARDS,
MECHANICAL, PLUMBING, AND ELECTRICAL CODES WITH LOCAL
AMENDMENTS THERETO.
WHEREAS, Section 17958 of the Health and Safety Code of the State of California provides that if a city does not amend, add, or repeal ordinances or regulations to impose the same requirements as are contained in the provisions adopted pursuant to Section 17922 of said Health and Safety Code and published in the California Building Code and the other regulations adopted pursuant to Section 17922 or make changes or modifications in those requirements upon express findings, the provisions published in the California Building Code or other regulations promulgated pursuant to Section 17922 shall be applicable to it and shall become effective 180 days after publication by the California Building Commission;
WHEREAS, the State of California published the 2022 editions of the California Building Code. Residential, Green Building Standards, Mechanical, Plumbing, and Electrical Codes on July 1, 2022, and State Law requires that said Codes become effective at the local level on January 1, 2023; and
WHEREAS, Section 17922(c) of the Health and Safety Code provides that local use zone requirements, local fire zones, building setbacks, side and rear yard requirements, and property line requirements are specifically and entirely reserved to the local jurisdiction except as provided in Section 17959.5 of the Health and Safety Code; and
WHEREAS, Section 17958.5 of the Health and Safety Code of the State of California provides that in adopting ordinances or regulations making any changes in the provisions in the California Building Code and other regulations adopted pursuant to Section 17922 of the Health and Safety Code, a city may make such changes or modifications as are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, Section 17958.7 of the Health and Safety Code requires the governing body of a city, before making any modifications or changes pursuant to Resolution No. CC 2022-115
Section 17958.5, to make an express finding that such modifications or changes are reasonably necessary because of local climatic, geological or topographical conditions.
NOW THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF
PALMDALE DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. With respect to the adoption of the California Building Code 2022 Edition and California Residential Code 2022 Edition, and any amendments thereto by the State of California in the 2022 Edition of the California Code of Regulations, it is necessary to adopt more restrictive requirements for the following reasons:
(a) Palmdale is in a highly active seismic region of local geological faults conditions with a majority of the City of Palmdale crossed or within one mile of the San Andreas Fault. Therefore, to reduce the likelihood of loss of human life and property damage from structural failures it is reasonably necessary to modify the following mentioned Sections of Title 24 of the California Code of Regulations (Geological). (i) Chapter 16, California Building Code: Sections 1613.5, 1613.5.1 1613.5.2, 1613.5.3.
(ii) Chapter 17, Special Inspections and Tests. Sections 1704.6, 1704.6.1, 1705.3, 1705.13.
(iii) Chapter 18, Soils and Foundations. Sections 1809.3, 1809.7. (iv) Chapter 23 Wood. Sections 2304.10.2, 2304.10.3.1, 2305.4, 2306.3, 2307.2, table 2308.6.1, sections 2308.6.5, 2308.6.5.1, figure 2308.6.5.1, section 2308.6.5.2, figure 2308.6.5.2, sections 2308.6.8.1 and 2308.6.9. (v) Chapter 3 California Residential Code. Sections R301.2, table 301.2(1).
(vi) Chapter 4 California Residential Code. Section R403.1.2, R403.1.3, R403.1.5, Figure R403.1.5.
(vii) Chapter 5 California Residential Code. Section R503.2.4, Figure R503.2.4.
(b) Palmdale is in the high desert of the Antelope Valley where winters are cold and snowfall accumulation of several inches can occur. Temperatures have been recorded in the single digits at times and when factoring in the wind chill factor, can be below zero. Palmdale is at an elevation of over 2600 feet above sea level, which has resulted in snow loads higher than the code prescribed snow loads in Figure 1608.2 and ASCE 7. Therefore, to reduce the likelihood of loss of human life and property damage from roof failures it is reasonably necessary to modify the following mentioned Sections of Title 24 of the California Code of Regulations (Climatic):
Resolution No. CC 2022-115
(i) Chapter 16, California Building Code: Sections 1608.2 (ii) Chapter 3 California Residential Code. Sections R301.2, table 301.2(1).
SECTION 2: The other modifications to the California Building Code, the California Residential Code, the California Green Building Standards Code, the California Mechanical Code, the California Plumbing Code, and the California Electrical Code are administrative in nature or are reenactments of existing provisions of the Palmdale Municipal Code.
SECTION 3: As required by Section 17958.7 of the Health and Safety Code, a copy of these findings, together with the modifications or changes expressly marked and identified to which each such finding refers, shall be filed by the City Clerk of the City of Palmdale with the California Building Standards Commission.
SECTION 4. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED and ADOPTED this ______ day of ____________, ________. _________________________________
Approved as to form: Steven D. Hofbauer, Mayor
ATTEST:
___________________________ _________________________________ Scott E. Porter Rochelle Scott, Acting City Clerk
Interim City Attorney
Resolution No. CC 2022-115
I, Rochelle Scott, Acting City Clerk of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the ______ day of _____________, 20___ by the following roll call vote:
AYES:
NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:
Rochelle Scott, Acting City Clerk
City Council Staff Report
DATE: NOVEMBER 2, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY MANAGER’S OFFICE – FINANCE DIVISION
DISTRICT: ALL
SUBJECT: INTRODUCTION AND ADOPTION OF ORDINANCE NO. 1599, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE
AMENDING IN ITS ENTIRETY CHAPTER 3.08, PURCHASING, OF
THE PALMDALE MUNICIPAL CODE
ISSUE
Introduction and adoption of Ordinance No. 1599, an Ordinance of the City Council of the City of Palmdale amending in its entirety Chapter 3.08, Purchasing, of the Palmdale Municipal Code.
RECOMMENDATION
Staff recommends that the City Council adopt Proposed Ordinance No. 15 99, an Ordinance of the City Council of the City of Palmdale amending in its entirety Chapter
3.08, Purchasing, of the Palmdale Municipal Code.
BACKGROUND
Section 302 of the City of Palmdale Charter authorizes the City to establish standards, procedures, rules, or regulations related to the purchasing of goods, property, or services. In 2010, as part of the process of establishing purchasing procedures and policies, the City Council adopted Ordinance 1398 § 2 (Exh. A), 2010, adding Chapter
3.08 to the Palmdale Municipal Code.
DISCUSSION
The purpose of updating the current Purchasing Ordinance is to reflect best procurement practices, improve accountability, and to establish an efficient procedure for the purchase of supplies, equipment, and services, and to establish a procedure for performing or contracting for the construction of public works consistent with State law.
These procedures are intended to allowthe City to obtain the best professional services, to acquire quality supplies, general services, and equipment, to construct public works at the lowest possible cost commensurate with quality needed, and to exercise positive financial control over purchases and to define authority for the purchasing function.
Report to Mayor and City Council
Re: Ordinance No. 1599 - Purchasing
November 2, 2022
The Amend Proposed Ordinance No. 1599 for Chapter 3.08 specifically updates the following:
Updates and adds definitions to provide additional clarification. Updates establishment of Procurement Officer’s duties and authority. Updates delegation of procurement duties to other departments. Updates and defines solicitation processes based on dollar amount thresholds. Adds bid protest policy for both general city procurement & public works projects. Updates exceptions to competitive procurement requirements. Clarifies, defines, and separates procurement requirements for Public Works Projects from general city procurement.
Adds procedural requirements for purchase orders and contracts. Updates and clarifies signature authority for purchase orders, contracts, change orders, and amendments.
FISCAL IMPACT
There is no fiscal impact in the implementation and enforcement of this ordinance.
STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.
A. Manage resources, costs, and liabilities to ensure the City’s long-term fiscal health.
C. Involve and expand engagement to enhance public oversight and transparency.
Goal III: Invest in infrastructure to improve community livability.
A. Seek innovative, cost effective, customer focused methods of service delivery Prepared by: Matthew S. Harris, Senior Buyer
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, Interim City Manager
Approved as to form: Scott E. Porter, Interim City Attorney
ATTACHMENTS
1. Ordinance No. 1599
2. Exhibit “A”
CITY OF PALMDALE
COUNTY OF LOS ANGELES, CALIFORNIA
ORDINANCE NO. 1599
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE AMENDING IN ITS ENTIRETY CHAPTER 3.08, PURCHASING, OF THE
PALMDALE MUNICPAL CODE
WHEREAS, Section 302 of the Palmdale City Charter states that the City shall have the power to establish standards, procedures, rules or regulations related to the purchasing of goods, property, or services; and
WHEREAS, Chapter 3.08 of the Palmdale Municipal Code establishes and specifies procedures for the City’s purchase of supplies, equipment, and services; and WHEREAS, the City Council of the City of Palmdale has determined that it is in the public interest and welfare to amend Chapter 3.08 of the Palmdale Municipal Code, in its entirety.
THE CITY COUNCIL OF THE CITY OF PALMDALE DOES ORDAIN AS FOLLOWS:
SECTION 1 . Adoption. Chapter 3.08 of the Palmdale Municipal Code (“Purchasing”) is hereby amended in its entirety to read as set forth in Exhibit “A” attached hereto and incorporated herein by reference.
SECTION 2 . Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or ineffective, provided the basic purposes of this Ordinance and the benefits to the City and the public are not substantially impaired.
Ordinance No. 1599
SECTION 3 . Certification. The City Clerk shall certify to the adoption of this ordinance and shall cause this ordinance to be published or posted as required by law.
PASSED, APPROVED and ADOPTED this 2nd day of November, 2022. ________________________________
Approved as to form: Steven D. Hofbauer, Mayor
ATTEST:
___________________________ ________________________________ Scott E. Porter Rochelle Scott, Acting City Clerk
Interim City Attorney
I, Rochelle Scott, Acting City Clerk of Palmdale, California, do hereby certify that the foregoing Ordinance was duly introduced, passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 2nd day of November, 2022, effective on the 3rd day of December, 2022 by the following roll call vote:
AYES:
NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date:
Rochelle Scott, Acting City Clerk
Exhibit “A”
Chapter 3.08
PURCHASING
3.08.010 Title and purpose.
3.08.020 Policy of competitive procurement.
3.08.030 Requirement of good faith.
3.08.040 Administrative Regulation and Instructions.
3.08.050 Adoption of centralized purchasing system.
3.08.060 Definitions.
3.08.070 Eligible Vendors.
3.08.080 Procurement Officer Duties and Authority.
3.08.090 Delegation to other departments.
3.08.100 Small Purchases ($30,000 and under) Non-Public Projects and/or Non- Construction Projects.
3.08.110 Procurement ($30,000 to $150,000) Non-Public Projects and/or Non- Construction Projects.
3.08.120 Procurement ($150,000 and above) Non-Public Projects and/or Non- Construction Projects.
3.08.130 Bid Protest Procedures/Solicitations.
3.08.140 Exceptions to competitive procurement requirements.
3.08.150 Use of City forces.
3.08.160 Award of contracts.
3.08.170 Public Works Projects and Construction Projects.
3.08.180 Bid Protest Procedures/Public Works Construction Bids.
3.08.190 Contract provisions.
3.08.200 Types of contracts.
3.08.210 Multi-year Contracts.
3.08.220 Funding of purchases.
3.08.230 Purchase orders, requisitions, and written contracts.
3.08.240 Approval of purchase orders, contracts, contract amendments and change orders.
3.08.250 Local business preference.
3.08.260 SB 1383 procurement requirements.
3.08.010 Title and purpose.
This Chapter shall be known as the City of Palmdale purchasing ordinance. The provisions of this Chapter shall prevail over any conflicting state law. The purpose of this Chapter is to establish procedures and policies for the procurement of goods, materials, equipment, supplies and services, including, but not limited to, construction of public works projects and professional services.
Exhibit “A”
3.08.020 Policy of competitive procurement.
It is the policy of the City to utilize competitive procurement processes to obtain the best quality and prices for needed goods, materials, equipment, supplies and services except as provided in this Chapter.
3.08.030 Requirement of good faith.
This Chapter requires all parties involved in the negotiation, performance, or administration of City contracts to act in good faith.
3.08.040 Administrative Regulation and Instructions.
The City Manager or designee is authorized to adopt written administrative regulations and instructions that are consistent with and that further the terms and requirements set forth within this Chapter. City Manager or designee from time to time may amend, any or all such rules and regulations necessary for the operation of this Chapter.
3.08.050 Adoption of centralized purchasing system.
In order to establish efficient procedures for the purchase of goods, materials, equipment, supplies and services, to secure for the City goods, materials, equipment, supplies and services at the lowest possible cost, commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority of the purchasing function and to assure the quality of purchases, a centralized purchasing system is hereby adopted.
3.08.060 Definitions.
As used in this chapter, unless the context otherwise clearly indicates:
(A) “Awarding authority” means the Palmdale City Council employee of the City of Palmdale authorized to award or enter into any contract, as defined in this Chapter, on behalf of the City.
(B) “Bid” means a response to a procurement solicitation, including a bid, a proposal and a statement of qualifications and experience.
(C) “Bidder” means a person or company that submits a bid or any response to a procurement solicitation.
(D) “Competitive procurement process” means a selection process where contractors and vendors who supply goods, materials, equipment, supplies and services to the City are selected through a formal or informal process that allows full, fair and open competition for all qualified contractors with selection based on specified criteria established to best meet the needs of the City. Invitations for bids, requests for proposals, and requests for qualifications and experience are examples of competitive procurement processes.
Exhibit “A”
(E) “Construction projects” and “public projects” mean those public projects as defined in California Public Contract Code Section 22002.
(F) “Contract” is synonymous to “agreement” and, regardless of which terms is used, means a written agreement between the City and a vendor, including a purchase order issued to a vendor, for the procurement or disposition of goods, materials, equipment, supplies and services.
(G) “Contractor” includes vendor and means any person who has entered into a contract with the City.
(H) “Designee” means any person to whom the Procurement Officer delegates authority under this Chapter.
(I) “Director of Finance” shall mean that individual who is appointed to that position and in their absence the City Manager shall act as the Director of Finance. (J) “Eligible local provider” shall mean a local provider who is an otherwise responsible bidder and responsive to the City’s procurement solicitation. (K) “Local Provider Palmdale” shall mean a manufacturer, supplier or provider of goods, materials, equipment, supplies or services which has an established place of business within the City of Palmdale, which has complied with City of Palmdale business license requirements, and which has paid all currently due business license fees and taxes prior to the City’s solicitation for the respective purchase. (L) “Materials” means all property, including but not limited to, equipment and supplies, but does not include land, a permanent interest in land or leases of real property. (M) “Procurement” and “procure” mean the acquisition of materials or services, professional services, or construction projects by the City, including but not limited to purchasing, renting or leasing, and all functions and procedures pertaining to such acquisitions, such as description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration. (N) “Procurement Officer” means the Director of Finance or their designee. The Procurement Officer shall manage the City’s Purchasing Office to procure goods, materials, equipment, supplies and services for the City. (O) “Proposal” means any response to a City solicitation for proposals. (P) “Purchasing Office” means the division in the Finance Department that handles the procurement process to procure goods, materials, equipment, supplies and services for the City.
(Q) “Services” mean the furnishing of labor, time or effort by a contractor. (R) “Solicitation” means an invitation for bids, a request for technical offers, a request for proposals, a request for qualifications, a request for quotations, or any other invitation or request by which the City invites a person to participate in a procurement.
Exhibit “A”
(S) “Using department” means any office, department, commission, board or other agency of the City using goods, materials, equipment, supplies or services.
3.08.070 Eligible Vendors.
Prior to a vendor and/or contractor proposing and/or bidding on a City project, they must register with the City’s electronic bid management system.
3.08.080 Procurement Officer Duties and Authority.
(A) The Director of Finance is hereby designated as the Procurement Officer of the City.
The Director of Finance may delegate procurement authority to any designee, as well as such other duties and functions as may be required.
(B) Except as specifically exempted herein, upon the Director of Finance’s designation of a separate Procurement Officer, that Procurement Officer shall have authority to:
(1) Procure, purchase and contract for all goods, materials, equipment, supplies and services required by any using department in accordance with purchasing procedures prescribed by this Chapter;
(2) Negotiate and recommend execution of contracts for the purchase of goods, materials, equipment, supplies and services;
(3) Act to procure for the City the needed quality in goods, materials, equipment, supplies and services at least expense to the City;
(4) Discourage collusive bidding and endeavor to obtain as full and open competition as possible on all purchases;
(5) Prepare and recommend to the Director of Finance rules governing purchasing, maintaining an inventory, and warehousing of goods, materials, equipment, supplies and services of the City;
(6) Keep informed of current developments in the fields of purchasing, prices, market conditions and new products;
(7) Prescribe and maintain such forms as are reasonably necessary to the operation of this Chapter and other rules and regulations; (8) Be responsible for the inspection of all goods, materials, equipment, supplies and services purchased to ensure conformance with specifications, and, where necessary, to require chemical and physical tests of samples submitted with bids and samples of deliveries to determine their quality and conformance with specifications; and
(9) Maintain a vendors list of qualified vendors and contractors; Exhibit “A”
3.08.090 Delegation to other departments.
(A) The Director of Finance, may authorize, in writing, any using department to purchase and contract for specified goods, materials, equipment, supplies and services independently of the Central Purchasing Office; but the Director of Finance shall require that such purchases and contracts be made in conformity with the procedures established by this chapter, and shall further require periodic reports from the using department on the purchases and contracts made under such written authorization. (B) Contracts to implement the capital improvement program and for construction services for public projects shall be procured by the Director of Public Works/designee in cooperation with the Finance Director/Procurement Officer and in compliance with the requirements of this Chapter and the Palmdale Charter. For contracts to be procured by the Public Works Department, the references in this Chapter to the separately designated Procurement Officer’s authority and duties shall apply to the Director of Public Works/designee, unless, by mutual agreement between the departments, the Director of Finance agrees to perform such tasks.
3.08.100 Small Purchases ($30,000 and under) Non-Public Projects and/or Non- Construction Projects.
Goods, materials, equipment, supplies and services less than or equal to $30,000 may be procured by purchase order or negotiated contract and need not be publicly bid but shall be procured at a reasonable price in a manner that best meets the needs of the City.
Care shall be taken to avoid the appearance of favoritism, bias or preclusion of new vendors.
3.08.110 Procurement ($30,000 to $150,000) Non-Public Projects and/or Non- Construction Projects.
Except as otherwise provided herein, goods, materials, equipment, supplies and services valued at more than $30,000 but less than or equal to $150,000 may be procured by the open market procedure described herein.
(A) Solicitation Notice. At least 10 business days before the date of opening of the proposals , the Procurement Officer shall mail or send electronically a notice requesting quotations or proposals to a minimum of three (3) vendors or contractors on the City vendors list listed as qualified to provide the required type of service, supplies or equipment. If there are no vendors or contractors on the City’s vendors list qualified to provide the type of goods, materials, equipment, supplies or services sought, the notice shall be posted on at least two websites that publish solicitations and specifications which have been determined to provide best notice to potential bidders for the type of goods, materials, equipment, supplies or services sought and/or publish the Notice in a newspaper of general circulation within the City. The Notices inviting bids, requesting proposals or requesting qualifications and experience shall include a general description of the goods, materials, equipment, supplies or services to be procured, describe how to obtain more detailed information, state where bid forms and specifications may be Exhibit “A”
obtained and state the time and place for submission of bids, proposals or statements of qualifications and experience.
(B) Minimum Number of Quotations. If fewer than three quotations, proposals or informal bids are received, the Procurement Officer may reject all bids, re-notice the procurement, determine to use a formal solicitation or to make the award based on less than three quotations.
3.08.120 Procurement ($150,000 and above) Non-Public Projects and/or Non- Construction Projects.
Except as otherwise provided herein, purchases of goods, materials, equipment, supplies and services of an estimated dollar value greater than $150,000 shall be procured by a formal competitive procurement process, and awarded to the responsive, responsible bidder who best meets the City’s needs based on the criteria specified in the formal solicitation.
(A) Solicitation Notice. Notices inviting bids, requesting proposals or requesting qualifications and experience shall include a general description of the goods, materials, equipment, supplies or services to be procured, describe how to obtain more detailed information, state where bid forms and specifications may be obtained and state the time and place for submission of bids, proposals or statements of qualifications and experience.
(1) Published Notice. The notice inviting bids, requesting proposals or requesting qualifications and experience shall be published on at least two websites that publish solicitations and specifications which have been determined to provide best notice to potential bidders for the type of goods, materials, equipment, supplies or services to be procured, at least 30 calendar days before the date of closing of the bids.
(2) Additional Mailed Notice. The Procurement Officer may also mail or e-mail the solicitation notice to prospective vendors and contractors whose names are or are not on the City’s vendors list.
(B) Bidder’s Security. When deemed necessary or appropriate by the Procurement Officer, a bidder’s security in an amount deemed appropriate may be required. (C) Bid Opening Procedure. All bids shall only be submitted electronically through the City’s electronic bid management system, unless otherwise specified in the Solicitation Notice. Paper sealed bids shall not be accepted. The Procurement Officer, in connection with the designated reviewers of the bids and proposals, shall review the bids and evaluate them as set forth in the criteria in the request for proposals. The proposer with the highest evaluated score shall be recommended for award to the City Council. (D) Rejection of Bids. Any and all bids may be rejected at the discretion of the City. If the City intends to reject all bids, the Procurement Officer/designee will provide notice to all bidders via the City’s bidding portal. After rejecting all bids, the City may:
Exhibit “A”
(1) Abandon the project;
(2) Re-advertise the project; or
(3) Perform the work with City forces.
3.08.130 Bid Protest Procedures/Solicitations.
All protests regarding a solicitation must be submitted in writing to the Procurement Officer. This includes all protests relating to advertising of the solicitation notice, deadlines, proposal opening, as well as any protest relating to alleged improprieties with the solicitation process. To be considered valid, the protest must be submitted in writing by an authorized representative of the contractor and (1) specify the grounds upon which the protest is based and (2) come from a bidder who claims to be the successful bidder.
A protest will not be considered valid if filed by a bidder who cannot show they would be awarded the contract if their protest were accepted.
(A) Bidders who have submitted a bid proposal are permitted to challenge the City’s intent to award a contract. A bidder shall have five (5) business days after the issuance of the Notice of Intent to Award (NOIA) to file a protest. A protest must include:
(1) The name, address, and telephone number of the protester. (2) The signature of the protester or its representative. (3) Identification of the project and the solicitation or contract number. (4) A detailed statement of all the grounds for the protest including, without limitation, all facts, supporting documentation, legal authorities, and arguments in support of the grounds for the protest, including providing copies of all relevant documents. All factual contentions must be supported by competent, admissible and credible evidence. Any matters not set forth in the written protest shall be deemed waived. Any protest not conforming to these procedures shall be rejected as invalid.
(5) The form of relief requested.
Failure to protest within the time allotted shall constitute a waiver of any protest. (B) The Procurement Officer shall review the merits and timeliness of the protest and issue a written decision to the Respondent within seven (7) calendar days of receipt of the protest.
(C) The Respondent may appeal the decision of the Procurement Officer to the Director of Finance by filing a letter of appeal within ten (10) calendars days from the date of the Procurement Officer’s decision. The letter must be addressed to the Director of Finance and set forth the information required in subsection (1) above. A letter of appeal not conforming to these procedures shall be rejected as invalid.
Exhibit “A”
(D) The Director of Finance shall review the merits and timeliness of the letter of appeal and shall issue a written decision to the Respondent within fourteen (14) calendar days of receipt of the letter of appeal. The decision of the Director of Finance is final. However, the decision is reviewable under the California Code of Civil Procedure Section 1094.5 et seq. The time in which judicial review of the decision shall be governed by California Code of Civil Procedure Section 1094.6, or as such section may be amended from time to time.
3.08.140 Exceptions to competitive procurement requirements. (A) Specified Professional Services. The procurement of services from specified professional classifications, without regard to the dollar amount of the contract, is exempt from the competitive process, but shall be selected based on qualifications. Such services include, but are not limited to financial services, actuaries, psychologists, medical doctors, entertainers and performers, specialty services required for parks and recreation programs, claims consultants, insurance brokers, attorneys-at-law, and consultants and experts used during the ongoing course of litigation in which the City, successor agency of Redevelopment Agency, Housing Authority, or any of the boards, commissions, officers or employees are involved. The Director of Finance shall have the authority to approve similar professional classifications exempt from competitive procurement requirements. (B) Sole Source. Where the Director of Finance determines that the materials or services are unique and available only from one source, so that the quotation procedure required by this section would be meaningless, or where it would be undesirable or impossible for the City to solicit bids for a particular work, a contract may be let to a sole source. Sole source procurements may include proprietary items sold directly from the manufacturer, items that have only one distributor authorized to sell in this area, or a specified product that the Director of Finance determines to be the only product that is acceptable. The basis upon which this determination is made shall be supported by written documentation signed by the requesting department head and provided to the Director of Finance. No sole source purchases may be made where to do so would show favoritism, improvidence, extravagance, fraud or corruption, or result in the waste of public funds, but may be used only to obtain the best economic result for the public. (C) City’s Best Interest. Except where competitive bidding is required by federal law or by reason of the source of funding for the project, goods, materials, equipment, supplies and services may be procured by negotiated contract and without competition, when the Director of Finance determines that, due to the nature of the supplies or equipment, bidding is not likely to serve the best interests of the City or to result in the lowest price. (D) Cooperative purchasing. The Central Purchasing Office may participate in, sponsor, conduct, or administer cooperative purchasing with other public agencies and with nonprofit groups or organizations established by public entities for the purpose of cooperative purchasing; provided, that competitive purchasing procedures similar to Exhibit “A”
those required in the City of Palmdale are employed. Such participation may also consist of the following:
(1) Purchasing goods, materials, equipment, supplies or services through contracts or bid award lists of others; provided, that competitive purchasing procedures similar to those required in the City were employed to create such contracts or bid award lists.
(2) Purchasing supplies and equipment through federal programs when authorized by City Council.
(3) Participating in joint or cooperative sale or disposal of City property. (E) Competitive Procurement. Any procurement for goods that are procured from a bidder who offers the same or better price, terms and conditions as the bidder previously offered as the lowest responsive bidder under a competitive procurement conducted by the City or another public agency under competitive purchasing procedures similar to those required in the City, provided that, in the opinion of the Director of Finance, it is in the best interest of the City to do so.
(F) Technology - Owner. Procurement of a renewal of maintenance, license(s), support or a similar need for existing technology systems, including hardware, and the items procured are from the owner/developer of the software/hardware or from a sole source provider, and the Director of Finance is satisfied that the best price, terms and conditions have been negotiated.
(G) Technology - Reseller. Procurement of a renewal of maintenance, license(s), support or a similar need for existing technology systems, including hardware, and the items procured are from a vendor/reseller that was originally selected based on the City’s procurement standards, provided that 1) the vendor has been used continuously since such selection, 2) there are no substantive changes to the procurement and 3) when it is determined by the Director of Finance to be in the best interests of the City to do so. (H) City Equipment Repair. Procurement of parts and/or service for repairs to City equipment, which includes City vehicles and other motorized fleet related equipment. (I) Emergencies. The City Manager, Assistant City Manager or Director of Finance may execute contracts without the use of a competitive method without prior approval of City Council when procurements are (i) for goods, materials, equipment, supplies or services which are required to remedy an exigent situation where the health, safety, welfare or quality of welfare of the public or public property is endangered or severely reduced if immediate corrective or preventive action is not taken (ii) to prevent or minimize serious disruption in City services (iii) in the reasonable opinion of the City Manager, Assistant City Manager, or Director of Finance, whenever the best interests of the City is served.
The Procurement Officer/designee shall implement procedures to meet these requirements, and when practicable, conduct an open market procurement for the award of an emergency contract. Any emergency purchases made in excess of the City Exhibit “A”
Manager’s threshold authority shall be submitted to City Council for approval as soon as practicable.
3.08.150 Use of City forces.
City forces may be used to perform services including but not limited to repairs, maintenance and construction of public projects, in compliance with the California Public Contracts Code, whenever such use best meets the needs of the City.
3.08.160 Award of contracts.
Contracts shall be awarded to the vendor or contractor who best meets the needs of the City based on specified criteria, including but not limited to the following:
(A) Price.
(B) Qualifications and experience.
(C) Experience with the City of Palmdale.
(D) Schedule and ability to meet the City’s time constraints. (E) Percentage of local employees for both prime and subcontractors who will perform one percent or more of the contract.
(F) Any other criteria appropriate for the type of contract to be awarded.
3.08.170 Public Works Projects and Construction Projects.
Except where specifically exempted from such laws by ordinance of the City Council, contracts for construction projects in the City shall be governed by applicable state laws including the California Public Contract Code, Division 2, Part 1 and Division 2, Part 3, the Local Agency Public Construction Act, including the Alternate Provisions of the Uniform Public Construction Cost Accounting Act, which are hereby adopted for use in the City. Contracts for construction shall also be governed by the current edition of the standard specifications for public works construction and the latest supplement thereto, adopted by the Greenbook Committee of the Public Works Standards, Inc., or other standards required depending on the project, except as otherwise provided by the City Council or the Procurement Officer if the contract is within his/her authority. (A) Bidding Thresholds.
(1) Construction projects less than the amount specified in Section 22032(a) (currently $60,000 or less) of the California Public Contract Code may be performed by City forces, by negotiated contract or by purchase order. (2) Construction projects less than the amount specified in Section 22032(b) (currently $200,000 or less) of the California Public Contract Code may be let to Exhibit “A”
contract by informal bidding procedures, set forth in subsection (D) below, to the lowest responsible bidder.
(3) Construction projects of more than the amount specified in Section 22032(c) (currently $200,000 and over) of the California Public Contract Code shall be let by formal bidding procedure, set forth in subsection (E) below, to the lowest responsible bidder.
(4) It shall be unlawful to split projects into smaller work orders or projects for the purpose of evading the provisions of this Chapter or applicable state laws. (B) Bidder’s Security. A bidder’s security in an amount equal to at least ten (10) percent of the amount of the bid shall be submitted with a bid. Bidders shall be entitled to return of bid security; provided, that a successful bidder shall forfeit its bid security upon refusal or failure to execute the contract within the time specified in the invitation to bid, unless the City is responsible for the delay. The City may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsive bidder. If the City awards the contract to the next lowest responsive bidder, the amount of the lowest bidder’s security shall be applied by the City to the difference between the lowest bid and the next lowest bid, if any, and the surplus, if any, shall be returned to the lowest bidder. (C) Registering with the City’s electronic bid management system. All prospective bidders must be registered as a vendor with City’s electronic bid management system to access all Notice Inviting Bids and solicitation documents, including any attachments. (D) Notice Inviting Bids, Informal Bidding. The Notice Inviting Bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids. Notice shall be provided in accordance with either subsection (1) or (2), or both.
(1) The Central Purchasing Office or the Public Works Department, through the City’s electronic bid management system, shall maintain a list of qualified contractors, identified according to categories of work. All contractors on the list for the category of work being bid shall be mailed, faxed, or emailed a notice inviting informal bids unless the product or service is proprietary. All mailing of notices to contractors pursuant to this subdivision shall be completed not less than ten (10) calendar days before bids are due.
(2) The Central Purchasing Office or the Public Works Department may elect to mail, fax, or email a notice inviting informal bids to all construction trade journals specified in Section 22036 of the California Public Contracts Code. (3) If all the bids received are in excess of two hundred thousand dollars ($200,000), the City Council may, by adoption of a resolution by a four-fifths vote, award the contract, at two hundred twelve thousand five hundred dollars ($212,500) or less, to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable.
Exhibit “A”
(E) Notice Inviting Bids, Formal Bidding. The Notice Inviting Bids shall distinctly state the project to be done. Notice shall be provided as set forth in subsection (1) below. (1) Notice inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. The notice shall be published at least fourteen (14) calendar days before the date of opening the bids in a newspaper of general circulation, printed and published in the jurisdiction of the City. The notice inviting formal bids shall also be sent electronically by either facsimile, electronic mail, through the City’s electronic bid management system and mailed to all construction trade journals specified in Section 22036 of the California Public Contract Code. The notice shall be sent at least fourteen (14) calendar days before the date of opening the bids.
(2) Additional Notice. In addition to notice required by subsection (1) above, the City may also give such other notice as it deems proper, including mailing or e- mailing the Notice to prospective vendors and contractors whose names are or are not on the City’s vendors list.
(F) Bid Submittals and Opening Procedure. All bids shall only be submitted electronically through the City’s electronic bid management system, unless otherwise specified in the Notice Inviting Bids. Paper sealed bids shall not be accepted. Bids shall be opened and evaluated on the City’s electronic bid management system. After the completion of the evaluation and scoring process, the City will issue an update on its electronic bid management system, changing the award status to pending, and will indicate the successful bidder, bid amount, and date of applicable City Council Meeting where contract will be recommended for award.
(G) Award of Bid. The City Manager, or designee, has the authority to award informal bids up to the amount specified in Section 3.08.240 below. Any informal bid over the threshold set forth in Section 3.08.240 shall be awarded by City Council. All formal bids shall only be awarded by the City Council. A bid shall be awarded to the lowest responsible bidder.
(H) Rejection of Bids. Any and all bids may be rejected at the discretion of the City. If the City intends to reject all bids, the Procurement Officer/designee must mail notice of the City’s intent to reject the bid at least two business days prior to the City Council meeting at which the bids will be considered. After rejecting all bids, the City may:
(1) Abandon the project;
(2) Re-advertise the project; or
(3) By a passage of a resolution by a four-fifths vote of the City Council, perform the work with City forces.
3.08.180 Bid Protest Procedures/Public Works Construction Bids.
All protests regarding a solicitation must be submitted in writing to the City’s Project Manager listed in the solicitation materials. This includes all protests relating to Exhibit “A”
advertising of the notice inviting bids, deadlines, bid proposal opening, as well as any protest relating to alleged improprieties with the solicitation process. To be considered valid, the protest must be submitted on contractor letterhead, and (1) specify the grounds upon which the protest is based and (2) come from a respondent for the award of a contract who claims to be the lowest responsive bidder. A protest will not be considered valid if filed by a bidder who cannot show they would be awarded the contract if their protest were accepted.
(A) Respondents who have submitted a bid proposal are permitted to challenge the City’s intent to award a contract. A bidder shall have five (5) calendar days after the posting of the bid results on the City’s electronic bid management system to file a protest.
A protest must include:
(1) The name, address and telephone number of the protester. (2) The signature of the protester or its representative. (3) Identification of the project and the solicitation or contract number. (4) A detailed statement of all the grounds for the protest including, without limitation, all facts, supporting documentation, legal authorities, and arguments in support of the grounds for the protest, including providing copies of all relevant documents. All factual contentions must be supported by competent, admissible and credible evidence. Any matters not set forth in the written protest shall be deemed waived. Any protest not conforming to these procedures shall be rejected as invalid.
(5) The form of relief requested.
Failure to protest within the time allotted shall constitute a waiver of any protest. (B) The Director of Public Works, or designee, shall review the merits and timeliness of the protest and issue a written decision to the Respondent within seven (7) calendar days of receipt of the protest.
(C) The decision of the Director of Public Works, or designee, is final. However, the decision is reviewable under the California Code of Civil Procedure Section 1094.5 et seq. The time in which judicial review of the decision shall be governed by California Code of Civil Procedure Section 1094.6, or as such section may be amended from time to time.
3.08.190 Contract provisions.
(A) All contracts, including, but not limited to, those for design professional services and for construction-related services, shall require the contractor to fully indemnify the City for all damages and loss caused by them, without regard to negligence and whether caused in whole or in part by the contractor.
Exhibit “A”
(B) Payment and performance bonds in amounts determined by the City to provide appropriate protection shall be required, or as otherwise required by state law. (C) Contractors shall advertise any job openings with the Palmdale work source center and if applicable, shall follow the requirements in the Community Workforce Agreement.
3.08.200 Types of contracts.
The award of contracts for construction, repairs, maintenance and other services shall not be limited to the standard process of design/bid/build, but alternative contracting methods such as job order contracting, design/build, and construction manager at risk may be utilized whenever such alternative contracting methods best meet the needs of the City.
3.08.210 Multi-year Contracts.
Unless otherwise provided by law, a contract for materials or services may be entered into for any period of time deemed to be in the best interest of the City, if the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and monies are available for the first fiscal period at the time of contracting. Payment and performance obligations for succeeding fiscal periods are subject to the availability and appropriation of monies.
(A) Prior to use of a multi-year contract, it shall be determined that:
(1) Estimated requirements cover the period of the contract and are reasonably firm and continuing;
(2) The contract will serve the best interests of the City by encouraging effective competition or otherwise promoting economies in City procurement. (B) When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year, the contract shall be cancelled.
3.08.220 Funding of purchases.
The Procurement Officer shall not authorize or issue a solicitation or written contract for goods, materials, supplies and services unless there exists a sufficient unencumbered appropriation in the fund account against which the purchase is to be charged.
3.08.230 Purchase orders, requisitions, and written contracts.
Purchases orders for amounts greater than $5,000 are authorized for the procurements of goods, materials, supplies and equipment. Purchases of services under $30,000 may be made by a purchase order. Purchases of services valued at greater than $30,000 shall be made only by written contract executed by an authorized representative of the City. The procedures and authorized services are set forth in the administrative regulation Exhibit “A”
and instructions. However, as set forth in the administrative regulations and instructions, certain contracts will be required regardless of the dollar amount, this includes contracts for the purchase of goods, materials, supplies and equipment. The Using departments shall submit requests for services, supplies and equipment to the Procurement Officer using standard purchase requisition forms. No verbal agreement shall be binding on the City and no City employee has authority to verbally bind the City to any agreement or any course of action.
3.08.240 Approval of purchase orders, contracts, contract amendments and change orders.
(A) The approval authority for all purchase orders, contracts, contract amendments and change orders shall be set forth as follows:
(1) The City Manager shall have the authority to review, approve and execute, on behalf of the City, all purchase orders or contracts for the purchase or acceptance of goods, materials, supplies and services in an amount not exceeding $100,000 per purchase order or contract, so long as the proper procurement procedures set forth in this Chapter have been followed.
(2) All purchase orders or contracts in excess of $100,000 or change orders which cause the total contract or purchase order to exceed $100,000 shall be submitted to the City Council for approval.
(3) The City Manager shall have the authority and discretion, up to the amount authorized under section (1), to delegate the authority to review, approve and execute contracts, purchase orders, contract amendments and change orders of goods, materials, supplies and services to specific department representatives based on the needs of the organization.
The department representative exercising such authority given above shall ensure that the total of all contracts, purchase orders, contract amendments and change orders does not exceed their delegated authority on a single contract or purchase order per fiscal year period, so long as the proper procurement procedures set forth in this Chapter have been followed.
(B) For contracts under $100,000, the City Manager shall have the authority to approve in writing any change order directing an addition, deletion or revision to such purchase orders or contracts; however, in no event shall the sum total of the purchase order or contract, including all such change orders, exceed $100,000 per purchase order or contract. Any change order in which a contract or purchase order will exceed $100,000 will require City Council approval.
(C) After the effective date of any contract approved by the City Council for the purchase of services, equipment or supplies, the retention of professional services, or work on a public project, the City Manager shall have authority to approve in writing any amendment or change order directing an addition, deletion or revision in such contract, including, without limitation, plans, specifications, and the nature or quantity of services, equipment, Exhibit “A”
supplies or work, so long as the cumulative dollar value of all such change orders relating to any one contract shall not exceed ten (10) percent of the contract price, unless City Council has authorized a different change order amount for a specific contract. (D) Any change order exceeding the limitations set forth in subsection (A) of this section shall be submitted to the City Council for approval in the form of a contract amendment or supplemental agreement. Such amendment or supplemental agreement shall set forth the amended contract price which will constitute the new contract price for purposes of the authority for City Manager-approved change orders or amendments in accordance with subsection (A) of this section.
3.08.250 Local business preference.
In order to promote the economic health and development of the City, to stimulate and enhance the local economy, to generate jobs and spur further investment into the community, to recognize the amount of sales tax that is returned to the City as a result of the award of a purchase contract for goods, materials, equipment, and supplies to a local bidder, and to encourage local participation in the purchase of goods, materials, equipment, and supplies, the City shall grant a local business preference as provided herein.
(A) In determining the price submitted in response to a formal or informal solicitation, the awarding authority is authorized to extend a local business preference to a Local Provider Palmdale who submits a price within five (5) percent of the lowest price submitted by any other bidder.
(B) The local business preference shall be applied to bids and proposals in the following manner:
(1) The awarding authority is authorized to give a local business preference to a responsive, Local Provider Palmdale, when awarding a contract for the purchase of goods, materials, equipment, or supplies. The responsive, Local Provider Palmdale must be able to provide the goods, materials, equipment, or supplies in a manner and quality which meets the specifications outlined in the bid or proposal. (2) In determining if a local business preference is applicable the awarding authority shall reduce the total price bid or proposal by the Local Provider Palmdale by five (5) percent. If the resulting amount of the Local Provider Palmdale is the same as or lower than the lowest responsive bidder, the Local Provider Palmdale shall be deemed the lowest responsive bidder. If the Local Provider Palmdale is ultimately awarded the contract, the contract price shall in all events be the original amount bid by that Local Provider Palmdale, not taking into account any local business preference granted.
(3) If after allowing a local business preference, two or more bids are determined to be substantially equal, the awarding authority, in its discretion, may award the contract to either party.
Exhibit “A”
(D) The local business preference authorized under this section shall also be subject to the following additional requirements:
(1) This section neither creates a right to receive a bid preference, nor a duty to grant a bid preference; and
(2) This section only applies to contracts involving the expenditure of funds entirely within the City’s control. This section shall not apply to contracts involving state or federal grant funds, where the granting of preferences is prohibited. (3) This section shall not apply to contracts which are required under state or federal law, or this Chapter, to be granted to the lowest responsible bidder, or in any situation where the granting of a local business preference would otherwise be prohibited by law.
(4) This section shall not apply to contracts made in cooperation with other public entities.
(E) To qualify as a local business, a contractor must satisfy all of the following criteria:
(1) Meet the definition for Local Provider Palmdale as set forth in this Chapter. (2) The contractor shall certify under penalty of perjury, as a part of its bid and in a form and manner as required by the City, that the contractor qualifies as a Local Provider Palmdale. If this certification does not appear on the respective bid, the local business preference shall not be considered.
(3) Qualifications as a Local Provider Palmdale must be reestablished for each new solicitation.
(4) Any contractor granted a local business preference must continue to maintain its qualifications as a local business for the duration of the contract for which the local business preference was granted.
(F) Contractors shall have an affirmative duty to notify City if facts change, such that the contractor no longer qualifies as a Local Provider Palmdale. If a contractor fails to maintain its qualifications under this section, the awarding authority shall be entitled to withhold or recover from the local business an amount equal to the value of the local business preference granted. The awarding authority may also withhold or recover any other costs reasonably incurred by the City as a result of the contractor’s failure to maintain its qualifications under this section. Prior to seeking to withhold or recover funds, City must provide fifteen (15) calendar days’ written notice and opportunity to cure the violation to the contractor. These remedies available to the City under this section are cumulative to all other rights and remedies available to the City under current law. (G) Any contractor that has obtained the status of a Local Provider Palmdale by reason of having furnished false or misleading information, or by reason of having withheld information where the contractor knew or should have known the information was false or misleading or that the information withheld was relevant to the awarding authority’s Exhibit “A”
determination, and as a result been awarded a contract to which it would not otherwise have been entitled, shall:
(1) Be subject to termination by the City of all or part of the contract entered into with such contractor as determined by the City Manager. (2) Pay the City the difference between the full value of the contract awarded to the person or business and the amount that would have been incurred by the City if the contract had been awarded to the next qualified bidder without taking the contractor’s bid into account.
(3) Be subject to debarment from future award of contracts from the City. (H) Nothing in this section shall be construed to limit or restrict the City’s right and obligation to compare the quality and fitness of all goods, materials, equipment, and supplies proposed to be purchased by City, or the duty to review and compare the character, responsibility, fitness and qualification of all persons or businesses submitting bids or proposals to the City. Furthermore, the preferences authorized in this section shall not be construed to limit the City’s ability to grant any other preferences authorized by law.
3.08.260 SB 1383 procurement requirements.
(A) Any direct service provider of the City’s Community Choice Aggregation program (CCA) or landscaping, maintenance, renovation, and construction shall comply with the City’s SB 1383 Procurement requirements.
(1) Use compost, mulch and eligible materials, as practicable, produced from recovered organic waste, for all landscaping renovations, construction, or maintenance performed for the City, whenever available, and capable of meeting quality standards and criteria specified. Use renewable gas for fuel for transportation, electricity, or heating applications, whenever available, and capable of meeting quality standards and criteria specified. Use electricity from biomass conversion, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 eligible compost, mulch, renewable gas, and electricity used to comply with procurement requirements shall comply with 14 California Code of Regulations, Division 7, Chapter 12, Article 12 and must meet or exceed the standards specified in 14 California Code of Regulations Section 18993.1.
Mulch used for land application shall comply with 14 California Code of Regulations, Division 7, Chapter 12, Article 12 and must meet or exceed the standards specified in 14 California Code of Regulations Sections 17852(a)(24.5)(A)(1) through (3).
(2) Keep and provide records of procurement of recovered organic waste products (either through purchase or acquisition) to City, upon completion of projects.
Information to be provided shall include:
(a) General description of how and where the product was used and if applicable, applied;
Exhibit “A”
(b) Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the recovered organic waste products were procured;
(c) Type of product;
(d) Quantity of each product; and
(e) Invoice or other record demonstrating purchase or procurement. (B) All vendors providing paper products and printing and writing paper shall:
(1) If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least thirty (30) percent, by fiber weight, postconsumer fiber instead of nonrecycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than nonrecycled items.
(2) Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.
(3) Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
(4) Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12.
(5) Provide records to the City or its designee of all paper products and printing and writing paper purchases within thirty (30) days of the purchase (both recycled- content and nonrecycled content, if any is purchased) made by any division or department or employee of the City. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in subsections (B)(3) and (B)(4) of this section for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if nonrecycled content paper products or printing and writing papers are provided, include a description of why recycled-content paper products or printing and writing papers were not provided.
CITY OF PALMDALE
OFFICE OF THE CITY COUNCIL
M E M O R A N D U M
TO: City Clerk
FROM: Laura Bettencourt, Councilmember
SUBJECT: Monthly Informational Report – Events and Meetings DATE: November 2, 2022
During the period October 1, through October 31, 2022, I attended the following meetings and events:
October 1 – 2: California Contract Cities Fall Educational Seminar October 5: Regular Council Meeting
October 7: Assemblyman Tom Lackey’s Community Coffee
October 14: Old Timer’s Lunch
October 17: Palmdale Audit Committee Meeting
Palmdale Sheriff Station Community Advisory Committee (CAC) Presentation
October 19: Council Workshop
October 22: Celebrate Your Identity, DEI Festival
October 24: Special Council Meeting