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Ordinance 1075 ' oRDINnNCI: No, logs AN ORDI2IAHCE OF THE CITY OF ChPERTINO AMENDING SECTION 16.08.230 OF TIIE CUPERTINO lHJNICIPAL CODE RELATING TO RETAINING 17ALL CONSTRUCTION At7D DECLARItiG THE URGENCY THEREOF THE CITY'COUNCIL OP T1iE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: Section 16.08.230 Retaining Wall Construction. Section 16.08.230, Item D, first paragraph shall remain as ie; second paragraph shall be changed to Item "E" and shall read as follows: E. The location of the retaining wall with respect to the property line and Che wall height shall determine [he materials that can be used in the construction of said wall. The following establishes the criteria for determining the above: 1. Wall less than three feet in height - Any material allowed within this code can be used. 2. Wall greater than three feet and within two times the wall height from property line or public right-of-way - material other than wood shall be used. Walls not meeting the provisions of Section 2 herein may be constructed as follows: 1. Walls which are less than eight feet in height, the vertical posts shall be made of materials other than wood. All other structural members shall be of any other approved material; however, if in the sole judgement of the City Engineer a potential hazard could exist if and when the wood members are to be replaced the City Engineer does have the right to require construc- tion from materials other than wood. 2. Any wall greater than eight feet in height shall be constructed as outlined in 1 above, provided that the owner shall execute a certificate which states that owner understands the limited life of the wall due to the use of wood materials. The minimum City-stipulated loadings that can be used shall be H10-44 as defined in [he latest adopted "The Standard Specification for iiighway Bridges" of the A.A:S.H.0. The active pressure distribution shall be subject to approval of the City Engineer. URGENCY: This ordinance shall take effect immediately upon enactment as an urgency measure due to the urgent necessity to remedy the hazard of a re[sining wall in existence prior to the rainy season. It is hereby found and declared that this urgency measure ie necessary for the health, safety and general welfare of the inhabitants of the City of Cupertino. INTRODUCED AND ENACTED at a regular meeting of the City Council of the City of Cupertino ti~ia 14th day of prrnhc.r 19&0 by the following vote: Vote Members of the City Council AYES: Gatto, Plungy, Sparks, Rogers NOES: None AIISENT: None . ABSTAIN: None _ APPROVED: ~~"" Q Mayor, City of Cu*ert o' ATTEST: _1~~~ City Clerk - 2 -