HomeMy WebLinkAboutOrdinance #3191 ` dbu� .'
ORDINANCE NO. 3
AN ORDINANCE AMENDING ARTICLE 17 OF THE � �
HUNTINGTON BEACH MUNICIPAL CODE BY ADDING ��5
CHAPTER 17. 05 RELATING TO GRADING AND EXCAVATION
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1. Huntington Beach Municipal Code is amended/to
add Section 17. 05, said section to read as follows :
Chapter 17. 05
GRADING AND EXCAVATION CODE
SECTIONS:
17. 05 .010 Title
17. 05 . 030 Scope
17.05 . 040 Grading Manual
17. 05 . 050 Definitions
17. 05 . 060 Grading7Permits
17. 05 . 070 Grading Permit, Paving
17. 05 . 080 Grading Permit, Watercourse
Alteration
17. 05 . 090 Types of Grading Permits
17 . 05 . 100 Enforcement
17 . 05 . 110 Violation And Penalties
17. 05 . 120 Hazardous Conditions
17. 05 . 130 �` Application For Permit
17. 05 . 140 Plans And Specifications
17. 05 . 150 Soils And Geology Reports
17. 05 . 160 Issuance, Expiration, And
Renewal
17 . 05 . 170 Denial Of Permit
17.05 . 180 Time Of Grading Operations
17. 05 . 190 Responsibility of Permittee
17. 05 . 200 Protection Of Adjoining
Property
17. 05 .210 Import And Export Of Earth
Material
17 . 05 . 220 Grading Plan Check Fees
17. 05f230 Grading Permit Fees
17. 0/5 .240 Cost Recovery Fees
17. 05 .250 Security
17/05 . 260 Cuts
1,7. 05 . 270 Fills
/17.05 . 280 Setbacks
17 . 05 .290 Drainage And Terracing
17. 05 .300 Asphalt Concrete Pavement
17. 05 .310 Erosion Control System
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17. 05 .320 Erosion Control Plan
17.05 .330 Erosion Control Maintenance
17. 05 .340 Inspection Authority
17.05 .350 Engineer of Record
Responsibility
17. 05 .360 Notification Of Non-Compliance
17. 05 .370 Transfer Of Responsibinty For
Approval
17. 05 . 380 Site Inspection By City
Inspector
17. 05.390 Special Inspections
17.05.400 Final Reports
17.05 .410 Notification Of Completion
17 . 05 . 010 Title. This Chapter shall be known as and may be
cited as the "City of Huntington Beach Grading and Excavation
Code. " "Code" as referred to in this Chapter, unless the
context clearly indicates otherwise, shall /mean the "City of
Huntington Beach Grading and Excavation ode. "
17. 05 . 030 Scope. This Code sets forth rules and
regulations to control excavation, grading, earthwork and site
improvement construction, and to establish administrative
requirements for issuance of permits and approval of plans and
inspection of grading construction.
17.05 . 040 Grading Manual . The/Director of Public Works
shall formulate and modify as necessary such rules, procedures,
and interpretations as may be necessary or convenient to
administer this Chapter. Such rules, procedures and
interpretations shall be referred to as the "City of Huntington
Beach Grading Manual" or the /"Grading Manual . " In the event of
any conflict between said Grading Manual and this Code, the
provisions of this Code shadl govern. The provisions of the
said Grading Manual shall to the extent that they are made
conditions of any permit /by the Director of Public Works, be
binding on the permittee.
17. 05 . 050 Definit:/ns .
(a) Approval, �unless otherwise specified, shall mean a
written engineering or geological opinion by the
responsi-ble engineer or geologist of record concerning
the progress and completion of the work.
(b) Approved plans shall mean the current grading plans
which bear the signature of approval of the Department
of/Public Works .
(c) Approved testing agency shall mean a facility whose
testing operations are controlled and monitored by a
/registered civil engineer and which is equipped to
perform and certify the tests required by this Code,
z or the Grading Manual, as determined by the Director
of Public Works .
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(d) Borrow shall mean earth material acquired from an
off-site location for use in grading on a site.
(e) City Engineer shall mean the City Engineer of the City
of Huntington Beach or a duly delegated represen, ative.
(f) Civil Engineer shall mean a professional engineFer
registered in the State of California to practice in
the field of civil engineering.
(g) Civil Engineering shall mean the application of the
knowledge of the forces of nature, principles of
mechanics, and the properties of materials for the
evaluation, design, and construction of civil works
for the beneficial uses of mankind. /
(h) Clearing, brushing, and grubbing shal/1 mean the
removal of vegetation (grass, brush/trees, and
similar plant types) by mechanical means .
(i) Compaction shall mean the densif�tion of a fill by
mechanical means .
M Commercial coach shall mean a/vehicle with or without
motive power, designed and equipped for human
occupancy for industrial, professional, or commercial
purposes, and shall include/ a trailer coach.
(k) Director shall mean Director of the City of Huntington
Beach Public Works Department or a duly delegated
representative. ,
(1) Earth Material shall any rock, natural soil fill,
or any combinationrthereof .
(m) Engineering Geologist shall mean a geologist certified
in the State of,California- to practice engineering
geology.
(n) Engineering G logy shall mean 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 .
(o) Erosion /shall mean the wearing away of the ground
surface/ as a result of the movement of wind, or water.
(p) Erosion control system shall mean a combination of
desi/lting facilities and erosion protection to protect
adjacent private property, watercourses, public
facilities and receiving waters from any abnormal
deposition of sediment or dust .
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(q) Excavation shall mean the mechanical removal of earth
material . /
(r) Fill shall mean a deposit of earth material placed by
artificial means . / .
(s) Grade shall mean the vertical location of the ground
surface. /
1. Natural grade is the ground surface unaltered by
artificial means .
2 . Existing grade is the ground surface prior to
grading .
3 . Rough grade is the stage at which the grade
approximately conforms to the approved plan.
(t) Grading shall mean any excavating./Or filling.
(u) Grading contractor shall mean a/ ontractor licensed
and regulated by the State of California who
specializes in grading work or is otherwise licensed
to do grading work. /
(v) Grading permit shall mean an official document or
certificate issued by the/Director of Public Works or
delegated representative/authorizing grading activity
as specified by approved plans and specifications .
(w) Hillside site shall mean a site which entails cut
and/or fill grading of three feet or more in vertical
height below or above natural ground; or a combination
fill-over-cut slope equal to or greater than five feet
in vertical height'; or where the existing grade is
twenty percent or greater.
(x) Mobilehome sha11 mean a structure, transportable in
one or more sections, designed and equipped to contain
not more than/ two dwelling units to be used with or
without a foundation system. Mobilehome does not
include recreational vehicle, commercial coach, or
factory-built housing.
(y) Owner shell mean any person, agency, firm, or
corporation having a legal or equitable interest in a
given /real property.
(z) Permanent erosion control devices shall mean
improvements which remain throughout the life of the
development; they include terrace drains, down drains,
sslope landscaping, channels, and storm drains .
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(aa) Precise grading permit shall mean a permit that is
issued on the basis of approved plans which show
precise structure locations, finish elevations, and
on-site improvements .
(bb) Rough grading permit shall mean a permit that is
issued on the basis of approved plans whi,c'h need not
show a structure location, but must show/interim
building pad drainage to the degree required by the
Director.
(cc) Semi-permanent erosion control devices shall mean
devices which are used primarily during construction
and are not relocateable. They include earthen berms,
concrete spillways, desilting basins, and riser/outlet
pipes .
(dd) Site shall mean any lot or parcel of land or
contiguous combination thereojf, under the same
ownership, where grading is performed or permitted.
(ee) Slope shall mean an inclined ground surface, the
inclination of which is expressed as a ratio or
percentage.
(ff) Soil Engineer shall mean a civil engineer duly
registered in the State of California whose field of
expertise is soil mechanics.
(gg) Soil engineering shall mean the application of the
principles of soil/mechanics in the investigation,
evaluation, and design of civil works involving the
use of earth materials and the inspection and testing
of the construction thereof .
(hh) City Inspector/shall mean an inspector duly authorized
by the Director of Public Works to perform inspection
of grading, /concrete placement and related constructed
work or other grading related work approved by the
Director./
(ii) Temporary erosion control devices shall mean devices
which are removable and can rarely be salvaged for
subsequent reuse. In most cases, they will last no
longer than one rainy season. They include sandbags,
gravel bags, plastic sheeting (visqueen) , silt
fenci
/ng, straw bales, and similar items .
Oj ) Terrace shall mean a relatively level step constructed
in/the face of a graded slope surface for drainage and
maintenance purposes .
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17 . 05 . 060 Grading Permits . No person shall conduct any
grading, clearing, brushing, or grubbing on natural or existing
grade that is preparatory to grading, without first having
obtained a grading permit from the Director . Exceptions to
this requirement are as follows or as otherwise determined by
the Director:
(a) An excavation below finished grade for basements and
footings of a building, mobilehome, retaining wall, or
other structure authorized by a valid building/ permit
or construction permit. This shall not exempt any
fill made with the material from such excavation nor
exempt any excavation having an unsupported/ height
greater than five (5) feet after the completion of
such structure. This shall not prohibitfa minimum fee
grading permit or soil or geologic report from being
required for foundation design and inspection purposes
when, in the opinion of the Director, /soil stability
or flooding considerations warrant such inspection.
(b) Cemetery graves .
(c) Refuse disposal sites controlled by other regulations .
(d) Earthwork construction regulated by the Federal,
State, County, or City governments, or by any local
agency as defined by Government Code Sections 53090
through 53095 (special districts) , pipeline or conduit
excavation and backfill conducted by local agencies or
public utilities, earthwork construction performed by
railway companies on their operating property. This
exemption, however, shall apply only when the
earthwork construction takes place on the property,
dedicated rights-of-way/ or easements of the above
agencies . /
(e) Excavation and backfidl for installation of
underground utilities by public utilities or companies
operating under the authority of a franchise or public
property encroachment permit.
(f) Mining, quarrying/ excavating, processing, stockpiling
of rock, sand, gravel, aggregate or clay where
established and/provided for by law, provided such
operations do not affect the lateral support or
increase the stresses in or pressures upon any
adjacent or contiguous property.
(g) Exploratory/excavations under the direction of soil
engineers or engineering geologists, provided all
excavations are properly backfilled. All such
excavations and trenches are subject to the applicable
sections/of Title 8 of the State Orders, Division of
Industrial Safety.
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(h) An excavation which does not exceed fifty cubic yards
on any one site and which is less than two feet in
vertical depth, or which does not create a cut slopef/
greater than five feet in vertical height and steeper
than two to one vertical (2 : 1) .
(i) A fill less than one foot in depth placed on natural
grade with a slope flatter than five horizontal/
to one
vertical (5 : 1) , which does not exceed fifty cuibic
yards on any one lot and does not obstruct a/drainage
course. ,��`
(j ) A fill less than three feet in depth, not/intended to
support structures or mobilehomes which does not
exceed fifty cubic yards on any one lot/and does not
obstruct a drainage course. I !'
17. 05 . 070 Grading Permit, Paving. No person shall
construct pavement surfacing in excess of three thousand square
feet, on natural or existing grade without valid grading
permit unless waived by the Director, orfunless a separate
improvement plan for such paving is approved by the Director.
Resurfacing or maintenance of paved surfaces shall be exempt
from this requirement. j
17 , 05 . 080 Grading Permit, Watercourse Alteration. No
person shall alter an existing watercourse, channel, or
revetment by excavating, or placing fill, rock protection, or
structural improvements without a valid grading permit unless
waived by the Director or performed as interim protection under
emergency flood fighting conditions .
17. 05 . 090 Types of Grading Permits . Either a rough
grading permit or a precise/grading permit may be issued for
grading work upon completion of an application in accordance
with the Grading Manual and approval by the Director. The
rough or precise grading/permit is the option 'of the permittee
provided that the plans/satisfy the requirements of the Grading
Manual . Building permits may be issued in accordance with (a)
and (b) below:
(a) Building permits may be issued for a site graded under
a valid precise grading permit upon completion and
approvaof rough grade inspection as specified in
Section 17. 05.380, "Site Inspection by the City
Inspector" .
(b) Building permits shall not be issued for a site graded
under a rough grading permit until a precise grading
permit has been issued and the provisions of (a) have
been satisfied.
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17. 05 . 100 Enforcement. Whenever any building or grading
work is being done contrary to the provisions of this Code or
the Grading Permit, the Director may order the work stopped by
notice, in writing, served on any persons engaged in the doing
or causing such work to be done; and any such persons shall
forthwith stop such work until authorized by the Director to°
proceed with the work.
17. 05 . 110 Violations and Penalties .
(a) It shall be unlawful for any person, firm, or
corporation to do grading in the City of Huntington
Beach, or cause the same to be done, contrary to or in
violation of any of the provisions of t�s Code.
(b) The issuance of a building permit, perf>ormance of
building permit inspections, or issuance of a
certificate of use and occupancy, may be withheld for
property on which a violation of the provisions of
this Code exists, including work performed not in
accordance with approved grading/plans, until such
violation has been corrected or/mitigated to the
satisfaction of the Director. ,/'The Director shall
consult, as appropriate, with the Director of
Community Development. ,
(c) Any person, firm, or corpoiration violating any of the
provisions of this Code s,Yall be deemed guilty of a
misdemeanor, and each such person shall be deemed
guilty of a separate offense for each and every day or
portion thereof during, which any violation of any of
the provisions of thi/s Code is committed, continued,
or permitted, and upon conviction of any such
violation, such person shall be punishable by a fine
of not more than $1500 or by imprisonment for not more
than six months, or by both such fine and imprisonment
for each offense.
17. 05 . 120 Hazardous Conditions .
(a) Existence: Hazardous conditions exist when the state
of any natural ground, natural slopes, excavation,
fill, or drainage device, all of which exist on public
or private property, is a menace to life or limb, or a
danger �t°o public safety, endangers or adversely
affects the safety, usability or stability of adjacent
prope,r'ty, structures, or public or private facilities .
(b) Examination: The Director may examine or cause to be
examined every condition reported as hazardous as set
forth in subsection (a) of this section.
194 :AFJk 8
(c) Notice of Hazardous Condition Hearing: In any case
where a hazardous condition is found by the Director, ,.
the Director shall give notice, setting forth the
finding to all owners of the property affected by the
hazardous condition, authorized representative of ,t'�he
owners or a permittee under any active permit which
gives permittee control of the property issued
pursuant to this Code, hereinafter referred to/as
'owner ' , of such required corrective work. The notice
may state the time and place of a hearing to/be held
if the owner fails to comply with any demand for
corrective work or reports. The purpose of the
hearing would be for the presentation o Wevidence
concerning the hazardous conditions and demand for
corrective work or submission of reports . The notice
shall set forth the right of the owner to be present
at the hearing and introduce such relevant evidence on
the issues . If the time and place of any hearing
scheduled for the presentation of evidence is not
included in the initial notice�(�;) , it shall be
included in a subsequent notice.
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(d) Evidence: At the time an&/place so specified for the
hearing, evidence shall bedsubmitted as to the facts
of any condition as to reasonably establish its
existence, and the Director or designee, as Hearing
Officer, shall determine whether the facts presented
reasonably establish �t"he existence of a hazardous
condition to the satisfaction of the Hearing Officer.
(e) Order, Finality, and Appeal : If the Hearing Officer
determines the existence of a hazardous condition, the
Hearing Officer,-'shall determine whether such hazards
are subject to,`corrective work and/or the need for
more analysis 'through the preparation of reports and
shall order such work or reports and specify a
completion time.
1. Finality of order: The determination and
order may be made orally at the hearing and
shall be written and transmitted to the
owner within a reasonable time. The
determination and order shall become final
within five days, excluding Saturdays,
Sundays, and holidays, from the time it is
first rendered. In the event that the owner
was not present at the hearing, within five
days of the mailing of the order to the last
known address of said owner.
2 . Appeal : The owner may, at any time prior
to the determination and order becoming
final, appeal in writing the decision of the
Hearing Officer to the City Council .
194 :AFJk 9
(f) Completion of Work The owner shall, following the
finality of the determination and order of the Hearing/
Officer, or if appealed, the determination and order /
of the City Council, commence the corrective action/'
ordered or preparation of reports; and such work or1
submissions shall be completed within the specifiedd
time.
(g) Failure to Complete Work: If the owner neglects or
fails to complete the corrective work or submit the
reports ordered by the Hearing Officer or Cirty Council
within the specified time, the Director may; (1) cause
the work to be performed or reports to beprepared or,
(2) advise the owner of the need for corrective work
and warn him/her that in the absence oV such
corrective work, subsequent future hazards may occur
which could result in an order to vad'ate the
premises . Nothing in this subsection shall be
construed to limit the type of remedy or relief which
the Director may have under any other provision of law.
(h) Costs : Costs incurred by theftity to perform any
corrective work or prepare reports under subsection
(g) above, shall -be charged,;to the owner. The
Director may apply to the City Council to cause the
costs to be paid and levied as a special assessment
against the property and;+'collected in a manner
provided for special assessments .
(i) Vacation of property:," If necessary, the notice and
order in subsections/ (c) or (e) of this section shall
include the requirement that the property, a portion
thereof, or adjacent sites be vacated within a
specified time, .in the interest of public safety,
pending the finality of any determination and order
for completion/ of corrective work.
(j ) Notice: The Director of Public Works shall cause the
property to/ be posted at conspicuous locations with a
notice containing at least the following:
UNSAFE TO OCCUPY DO NOT ENTER
Director of Public Works
CITY OF HUNTINGTON BEACH
Date Posted
Said posted notice may also contain the date,
time, and place of the hearing and the name,
address , and telephone number of the office of
The Director where additional information may
194 :AFJk 10
be obtained. Such `posted notices shall remain
posted until any necessary corrective work is
completed. Such posted notices shall not be /{
removed without written permission of the
Director, and no person shall enter the
property except for the purpose of making the
required corrections or preparing reports . '
(k) Service of Notices : The notices and order required
by subsections (c) and (e) of this section may be
served either :
1. By mailing a copy by certified,ail, return
receipt requested, to the ownd'r ' s address as
designated on papers, applications, or
permits on file with the City of Huntington
Beach; or
2 . By personally delivering a copy to the
owner ' s address as designated on papers,
applications, or permits on file with the
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City of Huntington Beach; or
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3 . If the owner is absent from his place of
residence and from his usual or designated
place of business, by leaving a copy with
some person of'suitable age and discretion
at either place, and sending a copy by
certified mail, return receipt requested,
addressed to the owner or authorized
represent ative -at his place of residence; or
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4 . If such,!place of residence and business
cannot/be ascertained, or a person of
suitable age or discretion there cannot be
found, then by affixing a copy in a
conspicuous place on the property, building
or/structure and also delivering a copy to a
person there residing, if any, or to the
person in charge, if any; and also sending a
copy by certified mail, return receipt
requested, addressed to the owner at the
place where the property, building or
structure is situated, or to the owner at
his last known or designated address, or
both.
17. 05 . 130 Application For Permit .
(a) To obtain a grading permit, the applicant must first
file an application in writing on a form furnished by
the Director . The permit application shall be
accompanied by information required by the Director
and as specified in the 'Grading Manual .
194 :AFJk 11
(b) Applications for which no permit is issued within 180
days following the date of application shall expirby
limitation, and plans submitted for checking may
thereafter be returned to the applicant or destroyed
by the Director . The Director may extend the time for
action by the applicant for a period not exceeding 180
days upon written request by the applicant, slowing
that circumstances beyond the control of the/applicant
have prevented action from being taken. In/order to
renew action for an application, after expiration, the
applicant shall resubmit plans and pay anew plan
check fee.
17 . 05 . 140 Plans and Specifications .
(a) Each application for a grading permit shall be
accompanied by plans and specifications, and
supporting data consisting of soi/l engineering and
engineering geology reports when required by the
Director .
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(b) Plans and specifications shall be prepared and signed
by a civil engineer, unless/otherwise approved by the
Director .
17. 05 . 150 Soils and Geology Reports .
(a) A soil engineering and/rengineering geology report
shall be required for`-grading projects, unless
otherwise waived by /the Director . The reports shall
include information appropriate for the site including
any information required by the Director .
Recommendations included in the reports and approved
by the Director /shall be incorporated in the grading
plans or specifications .
(b) Soils clean imust comply with Huntington Beach Fire
Code Sectionr80 . 105(e) and Fire Department
Specification No. 431-92 - responsibility for
mitigation/and clean up of contaminated soil .
17 . 05 . 160 Issuance, Expiration, and Renewal . Every permit
issued shall be/valid for a period of two years from the date
of issuance, except as specified in Subsections (a) and (b)
below:
(a) Every permit issued shall expire by limitation and
become void if the work authorized by such permit is
not commenced within 180 days from the 'date of such
permit, or if the work authorized by such permit is
suspended or abandoned at any time after the work is
commenced for a period of 180 days . The Director may
extend the 180 day expiration time limit on permits
194 :AFJk 12
not to exceed two successive periods of 180 days each,
upon written request by the applicant showing than
circumstances beyond the control of the applicant have
prevented action from being taken.
(b) A permit issued hereunder shall expire upon/ change
of ownership if the grading work thereon, ,for which
said permit was issued, has not been completed, and a
new permit shall be required for the completion of the
work. If the time limitation of (a) o , this section
is not applicable, and if no changes �Yiave been made to
the plans and specifications last submitted to the
Director, no charge shall be made for the issuance of
the new permit under such circumstances . If, however,
changes have been made to the plans and specifications
last submitted to the Director,/fees based on the
valuation of the additional work, additional yardage,
and necessary plan checking shall be charged to the
permit applicant.
The Director may require that grading operations and project
designs be modified if delays occur which include weather
related problems not considered at the time the permit was
issued, and further subject to the provisions of Section
17 . 05 . 170, "Denial of Permit, of this Code. " If the permittee
is unable to complete the work by the end of a two year period,
the Director may renew the grading permit on an annual basis
for a fee of one-half the amount required for the original
permit for such work, provided no changes have been made in the
original plans and specifications for such work.
17 . 05 . 170 Denial of/Permit .
(a) The Director/ shall not issue a permit in any case
where it is/found that the work as proposed by the
applicant #is liable to constitute a hazard to property
or result/in the deposition of debris on any public or
private way or interfere with any existing drainage
course/ If it can be shown to the satisfaction of the
Director that the hazard can be essentially eliminated
by the construction of retaining structures, buttress
fills, drainage devices or by other means, the
Director may issue the permit with the condition that
such work be performed.
(b) If, in the opinion of the Director, the land areas for
which grading is proposed is subject to geological or
flood hazard to the extent that no reasonable amount
of corrective work can eliminate or sufficiently
reduce the hazard to human life or property, the
Grading Permit shall be denied.
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(c) The Director may require plans and specifications to
be modified in order to mitigate anticipated adverse, /
environmental effects of proposed grading projects
The Director may, under circumstances where the
significant adverse environmental effects of the/
proposed grading project cannot be mitigated, deny the
issuance of a grading permit . //
(d) The Director may require plans and specifications to
be modified in order to make them consistent with the
City of Huntington Beach General Plan, Specific Plans,
Zoning Code or other rules, regulations,,�ior conditions
applicable to the project . The Grading
Permit may be
denied if the proposed project cannot be designed in
accordance with these rules, regulations, or
conditions .
17 . 05 . 180 Time of Grading Operations . �y�Grading operations
shall not be conducted between the hours ;of 8 : 00 PM and 7: 00 AM
nor on Sundays and federal holidays . The Director may,
however, permit grading or equipment operations during specific
hours after 8 : 00 PM or before 7 : 00 AM,'and on Sundays and
federal holidays if it is determinedrthat such operations are
not detrimental to the health, safety, or welfare of the area
residents .
Permitted hours of operation may" be shortened by the Director ' s
finding of a previously unforeseen effect on the health,
safety, or welfare 'of the surrounding community. However, no
permit that has been issued,,:'nor any provision of this section,
shall be construed to be a waiver of the applicability of the
provisions set forth in Chapter 8 .40 of the Huntington Beach
Municipal Code relating t;o noise control .
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17 . 05 . 190 Responsibility of Permittee. It shall be the
responsibility of the Rermittee to be knowledgeable of the
conditions and restrictions of the Grading Permit as outlined
in applicable sections of this Code, the Grading Manual, and as
contained on the approved grading plans and in the approved
soil and geology reports . The permittee shall also be
responsible to maintain, in an obvious and accessible location
on the site, a copy of the grading plans bearing the stamp of
approval of the/Director.
17 . 05 . 200 Protection of Adjoining Property. Each adjacent
owner is entitled to the lateral and subjacent support which
his land receives from the adjoining land, subject to the right
of the owner of the adjoining land to make proper and usual
excavations on the same for purposes of construction or
improvement as provided by law.
17 . 05 ./210 Import and Export of Earth Material Where an
excess of 5, 000 cubic yards of earth per project site is moved
194 :AFJk 14
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on public roadways from or to the site of an earth grading
operation, all the following requirements shall apply:
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(a) Either water or dust palliative or both must be /
applied for the alleviation or prevention of excessive
dust resulting from the loading or transportation of
earth from, to, or within the project site on public
roadways . The permittee shall be responsible/Tor
maintaining public rights-of-way used for handling
purposes in a condition free of dust, earth/ or debris
attributed to the grading operation.
(b) Loading and transportation of earth from or to the
site must be accomplished within the limitations
established in Section 17 . 05 . 180, "Mime of Grading
Operations, " of this Grading Code
(c) Access roads to the premises shall/ be only at points
designated on the approved grading plan.
(d) The last 50 feet of the access road, as it approaches
the intersection with the public roadway, shall have a
grade not to exceed three D. Ircent and be constructed
of gravel or equivalent material to prevent mud and
debris from dropping from/wheels onto street travel
lanes . There must be 30'0 feet clear, unobstructed
sight distance to the i/ntersection from both the
public roadway and the access road. If the 300 feet
sight distance cannot/ be obtained, flagmen shall be
posted. ✓�
(e) A stop sign conforming to the requirements of the
California Vehicle Code shall be posted at the
entrance of they access road to the public roadway.
(f) An advance warning sign must be posted on the public
roadway 400 feet on each side of the access
intersection, carrying the words "Truck Crossing. "
The sign shall be diamond shaped, each side being 30
inches in length, shall have a yellow background, and
the letters thereon shall be five inches in height.
The sign shall be placed six feet from the edge of the
pavement, and the base of the sign shall be five feet
above the pavement level . The advance warning sign
sharll be covered or removed when the access
intersection is not in use.
(g) If the grading project includes the movement of earth
material to or from the site in an amount considered
substantial by the Director, the permittee shall
submit the haul route for review and approval by the
Director . The Director may require, as a special
condition of the grading permit, alternate routes or
special requirements in consideration of the possible
impact on the adjacent community environment or effect
on the public right-of-way.
194 :AFJk 15
17 . 05 . 220 Grading Plan Check Fees . The applicant shall pay,/
a plan check fee as established by resolution of the City "
Council and as provided in the Grading manual at the time any
application for a grading permit is made. +
17 . 05 . 230 Grading Permit Fees . A fee for each grading
permit shall be paid prior to issuance of a grading permit as
established by resolution of the City Council and as p(rovided
in the Grading Manual . /r
t
17 . 05 . 240 Cost Recovery Fees . If the City performs
emergency work on private property, the property,;,"owner shall be
charged all direct and indirect costs which are, necessary to
complete the work to the Director ' s satisfaction. In addition,
the Director may charge a mobilization cost equal to 10 percent
of the cost for performing the work.
17 . 05 . 250 Security. ,
(a) A grading permit shall not be.,/issued unless the
permittee shall first post with the Director security
in a form and amount set forth in the Grading Manual .
The security is required to assure that the work, if
not completed in accordance with approved plans and
specifications, will be corrected to eliminate
hazardous conditions . This requirement may be waived
at the discretion of the Director if it is determined
that : '
1 . No hazardous situation is likely to occur as a
result of incomplete or improper grading, and
1
2 . No adverse effect is likely to occur to subject
property/,'' adjacent property, or an existing or
proposed structure thereon as a result of
incomplete or improper grading, and
3 . No significant drainage, erosion, flooding, or
siltation problems will exist as a result of
icomplete or improper grading, and
4 . No adverse geological or environmental impacts
/will occur as a result of incomplete or improper
grading, and
5 . No conditions of the permit warrant a financial
i, guarantee to assure their satisfactory completion.
(b) Multiple Projects : On developments where progressive
individual grading projects or several concurrent
projects are being constructed by one owner, a
continuing (blanket) form of security which will cover
all such projects may be accepted and the amount
determined by the Director .
194 :AFJk 16
r'
(c) Additional Security: Additional security in an
amount determined by the Director may be required to
ensure the completion of finish grading under the
permit as a condition of occupancy and energizing
utilities . Security in an amount determined/by the
Director may be required for permits involy"
temporary earthen stockpiles to ensure their timely
removal .
(d) Failure to Complete Work: In the event of failure to
comply with all of the conditions and terms of the
permit, the Director may order the work authorized by
the permit to be completed or put ,;in a safe condition.
(e) Default in Performance of Conditions : Whenever the
Director finds or determines tYiat a default has
occurred in the performance of any requirement of a
condition of a permit, or there is a failure to comply
with an order issued pursuant to subdivision (d) ,
written notice thereof shall be given to the permittee
and, when applicable, to%¢the surety on the bond or
other security. Such notice shall specify the work to
be done, the estimated cost thereof, and the period of
time deemed by the Director to be reasonably necessary
for the completion. After receipt of such notice, the
permittee and, if applicable, surety, shall within the
time specified, cause or require the work to be
performed. If the work is not performed, the
estimated cost of performing the work shall be
demanded from the surety or, if there is no surety,
obtained from security, and the Director shall
cause such work to be performed and completed. The
cost of the;work shall include a mobilization charge
as specified in Section 1705 . 240 .
r'
17. 05 . 260 Cuts. Cut slopes shall be no steeper than two
horizontal to one vertical (2 : 1) unless otherwise recommended
in the soil engineering or engineering geology report and
approved by the Director . The slope of cut surfaces shall be
no steeper than is safe for the intended use.
17. 05 . 270 , Fills . Fill slopes shall be no steeper than two
horizontal/to one vertical (2 : 1) unless otherwise recommended
in the soil engineering report and approved by the Director.
The slope of fill surfaces shall be no steeper than is safe for
the intended use.
17 . 05 .i280 Setbacks . Structures shall be set back from the
tops/and toes of slopes as specified in the Grading Manual .
17 . 05 . 290 Drainage and Terracing . Drainage facilities and
terracing shall conform to the provisions of the Grading Manual
194 :AFJk 17
unless otherwise approved by the Director and delineated on the `
approved grading plan.
17 . 05 . 300 Asphalt Concrete Pavement.
(a) Asphalt concrete pavement for surfacing of parking
lots, private streets, or other similar uses shall
conform to the provisions of the Grading Manua"1 unless
otherwise approved by the Director.
(b) The site soil engineer or special inspector shall
inspect the construction of asphalt paved7areas .) and
verify to the Director that the work wash performed in
compliance with the provisions of this /section.
17 . 05 .310 Erosion Control System.
(a) The faces of cut and fill slopes and the project site
shall be prepared and maintained.-to control erosion in
accordance with this Code.
(b) Where necessary, temporary or-permanent erosion
control devices such as desi'Ilting basins, check dams,
riprap, or other devices or methods as approved by the
Director, shall be employed to control erosion and
provide safety during the rain season, from October 15
to April 15 .
(c) No grading work in excess of 200 cubic yards will be
allowed between October 15 and April 15 on a grading
site under permit unless an erosion control system has
been approved or;iaaived by the Director .
(d) Paved streets, ,,sidewalks, and other improvements shall
be maintained/in a neat and clean condition free of
loose soil, ,construction debris, and trash. Street
sweeping or,eother equally effective means shall be
used on a ,regular basis to prevent storm flows from
carrying/sediment and debris outside the project
boundaries . Watering shall not be used to clean
streets' except for fine material not otherwise removed
by sweeping or other mechanical means .
P
(e) Unlelss otherwise approved by the Director, the owner
shall be required to retain a civil engineer who will
be/ responsible for the design of all erosion control
improvements and initial approval of the installation
of permanent and semi-permanent erosion control
devices during each rainy season, until the work
authorized by the permit is given final approval . The
owner shall retain the civil engineer to periodically
review the field condition and modify, as needed, the
design of the permanent and semi-permanent erosion
194 :AFJk 18
control devices during the rainy season. Installation/
and maintenance of all erosion control devices shall ,
be the responsibility of the owner .
(f) Desilting facilities shall be provided and maintained
by the owner at drainage outlets from the graded/ site.
(g) Desilting basins shall be designed to provide' a
minimum desilting capacity equal to the current City
of Huntington Beach standards .
(h) Equipment and workers for emergency work shall be made
available at all times during the rain;/ season.
Necessary materials shall be available on-site and
stockpiled at convenient locations t%o facilitate rapid
construction of temporary devices hen rain is
imminent .
(i) Erosion protection shall consist of effective planting
of all slopes in excess of five feet high unless
otherwise approved by the Director. Slopes exceeding
15 feet in height may require an adequate sprinkler
system, as determined by the Director . Protection for
slopes shall be installed/ as soon as practicable.
Effective planting shall/ be installed, fully
germinated, and effect'i�vely cover the required slopes
prior to final approval, unless otherwise approved by
the Director.
(j ) Design of erosion/control provisions shall consider
drainage patterns during present and future phases of
grading throughout the rain season.
(k) All removable protective devices shown shall be in
place at the end of each working day when the three
day rain probability forecast exceeds 40 percent .
( 1) Graded areas around the project site perimeter shall
drain away from the face of slopes at the conclusion
of each working day.
17 . 05 . 320 Erosion Control Plans . Erosion control plans
prepared by the engineer of record and in accordance with
provisions of, the Grading Manual shall be submitted to the
Director for/ approval by September 15 of each year for projects
under gradi/ng permit . The erosion control plan may be waived
for grading projects on single residential lot projects
providing/ that an erosion control system, meeting the approval
of the Director, has been installed, placed, planted, or
constructed before October 15 .
17 . 05/330 Erosion Control Maintenance.
T_
194 :AFJk 19
(a) After each rainstorm, the owner shall ensure that silt
and debris is removed from check berms and desilting
basins and that basins are pumped dry. /
(b) After each rainstorm, the performance of the erosion",!
control system shall be evaluated and repaired as
necessary. k
,r
(c) Devices shall not be moved or modified without the
approval of the Director .
(d) The owner shall take necessary precautions to prevent
public trespass onto areas where impounded,,water
creates a hazardous condition.
(e) The owner shall be responsible for continual
maintenance of the devices during the . rain season. In
the event of failure or refusal by the owner to
properly maintain the devices, the Director may cause
emergency maintenance work to be done to protect
adjacent private and public propq°rty. The cost shall
be charged to the owner and shal`1 include an initial
mobilization cost, and the cost of doing the work.
(f) If any grading subject to Section 17. 05 . 060, "Grading
Permits, " of this Code is commenced on private
property without a valid grading permit, the owner may
be required to prepare and implement an erosion
control plan which has been approved by the Director.
In the event of failure by the owner to install an
approved erosion control system, the Director may
cause emergency work� to be done to protect adjacent
private and public property. The procedures of
Section 17 . 05 . 120; "Hazardous Conditions, " of this
Code, need not apply for emergency erosion control
work between October 15 and April 15 . The cost shall
be charged to/the owner in accordance with item (e) of
this section.
i
17 . 05 . 340 Inspection Authority. All grading operations for
which a permit is required shall be subject to inspection by
the Director. /
17 . 05 . 350 Engineer of Record Responsibility.
(a) It shall -be the responsibility of the civil engineer
of/record who prepares the grading plan approved by
the Director, to incorporate all recommendations from
the soil engineering and engineering geology reports
into the grading plan. The engineer of record shall
be responsible for the professional inspection and
/ approval of the grading within his other area of
technical speciality. This responsibility shall
194 :AFJk 20
include, but need not be limited to, inspection and/
approval line, grade, and drainage of the development
area . The engineer of record shall be responsible for
the preparation of revised plans, erosion contro'1
plans, and the submission of as-graded grading/plans,
when required by the Director upon completiow' of the
work.
Af.
(b) The soil engineer ' s area of responsibility shall
include, but need not be limited to, the/,professional
inspection and approval concerning the,-preparation of
ground to receive fills, testing for :required
compaction, stability of all finish ,slopes, design of
buttress fills, subdrain installation, and
incorporation of data supplied by; the engineering
geologist .
(c) The engineering geologist ' s area of responsibility
shall include, but need not be limited to,
professional inspection and,,"written approval of the
adequacy of natural ground for receiving fills, the
stability of cut slopes with respect to geological
matters, and the need for subdrains or other ground
water drainage devices : The engineering geologist
shall report findings to the soil engineer and the
civil engineer for engineering analysis .
(d) The Director may inspect the project at various stages
of work requiring.," approval to determine that adequate
control is being exercised by the responsible
professionals .
17 . 05 .360 Notification of Non-Compliance If, in the
course of fulfilling their responsibility under this Code, the
civil engineer, theO..'soil engineer, the engineering geologist,
or the testing agency finds that the work is not being done in
conformance with the provisions of the approved specifications
and grading plans; the discrepancies shall be reported
immediately in writing to the person in charge of the grading
work and to the Director. Recommendations for corrective
measures, if necessary, shall be submitted to the owner. The
owner shall submit two copies of all recommendations and
reports to t`he Director .
17. 05 . 370Y Transfer of Responsibility for Approval If the
civil engineer, the soil engineer, the engineering geologist,
the testing agency, or the grading contractor of record are
changed/during the course of the work, the work shall be
stopped unless : 1) the owner submits a letter of notification
to the Director verifying the change of the responsible
pro fsessional; and 2) the new responsible professional submits
in writing to the Director that he or she has reviewed all
pr. r reports and plans (specified by date and title) and work
194 :AFJk 21
performed by the prior responsible professional and that he or
she concurs with the findings, conclusions, and
recommendations, and is satisfied with the work performed. Z
i
17 . 05 . 380 Site Inspection by the City Inspector . '
(a) Prior to the approval of any building or grading plans
and specifications, the City Inspector may inspect the
site to determine that the plans and specifid'ations
are current and reflect existing conditions,:'
Yn
(b) The contractor or agent shall notify then"City
Inspector if, during the course of grading operations,
contaminated soil is uncovered.
(c) The permittee or agent shall notify/the City Inspector
when the grading operations for which inspection is
required are ready for inspection`:
(d) If the Inspector finds the soid or other conditions
not as stated in the approved' plans and soil or
geology reports, or as in additional information which
was required for issuance ;of the grading permit, the
Inspector may refuse to allow further work until
approval is obtained fora revised grading plan which
will conform to the conditions .
(e) The provisions of Section 202(d) , Stop Orders, of the
Uniform Building Code, shall apply to all grading
work, and whenever, the City Inspector determines that
any work does not comply with the terms of a permit,
or this Code, or/ that the soil or other conditions are
not as stated on the permit, the Inspector may order
the work stopped by notice in writing served on any
persons engaged in doing or causing of such work to be
done and any such persons shall forthwith stop such
work until/authorized by the City Inspector to proceed
with the ,work.
17 . 05 . 390 Special Inspections . The Director may establish
special inspection requirements in accordance with Section 306,
Special Inspection, of the Uniform Building Code, as amended
for special cases involving grading or paving related
operations . /Special cases may apply to work, where in the
opinion of /the Director, it is necessary to supplement the
sources oY expertise available for inspection.
17 . 05 .40,0 Final Reports . Upon completion of the rough
grading work and at the final completion of the work, the
Director may require the written approvals, reports, drawings,
and supplements thereto specified in the Grading Manual .
194 :AFJk 22
17. 05 .410 Notification of Completion. The permittee or
agent shall notify the City Inspector when the grading
operation is ready for final inspection. All work, including ,;
installation of all drainage facilities and their protective ;/
devices and all erosion control measures, must be completed/in
accordance with the final approved grading plan and the .
required reports approved by the Director before final approval
of the grading permit may be given by the City Inspector;�
SECTION 2 . This ordinance shall take effect thirty
(30) days after adoption.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the
day of 1993 . a
Mayor
ATTEST: /APPROVED AS TO FORM:
City Clerk 1 , ity Attorney�-
REV kJ AN D: ' INITIATED AND APPROVED:
gee
City Administrator Director of Public Works
d,
194 :AFJk 23