HomeMy WebLinkAboutOrdinance #3621 ORDINANCE NO. 3(07..
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 17.05 OF THE HUNTINGTON BEACH MUNICIPAL
CODE, REFERRED TO AS THE GRADING AND EXCAVATION CODE
The-City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 17.05.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.05.020 Scone, This Code sets forth rules and regulations to control excavation,grading,and
earthwork construction,including fills and embankments,and establishes administrative -
requirements for issuance of grading permits and approval of plans and inspection of grading
construction in accordance with requirements for grading and excavation as contained in the
Uniform Building Code then in effect as adopted and modified by City ordinance as well as water
quality requirements relevant to activities subject to this Chapter..
SECTION 2. Section 17.050.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.05.030 Grading Manual. The Director of Public Works(``Director")shall formulate and
modify as necessary such riles,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 shall govem. The
provisions of the said Grading Manual shall include provisions to assure that the water quality
requirements of this Chapter apply to all such activities and,to the extent that they are made
conditions of any permit by the Director,be binding on the pernuttee.
SECTION 3. Section 17.05.040 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.05.040 Definitions.
(a) Approval,unless otherwise specified,shall mean a written engineering or geological opinion by
the responsible engineer or geologist of record or responsible principal of the engineering
company 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,Director,Planning Director,and Fire Chief,or their designees.
(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,or the Grading Manual,as determined by the Director.
(d) Borrow shall mean earth material acquired from an off-site location for use in grading on a site.
(e) Ct En 'iig leer shall mean the City Engineer of the City of Huntington Beach or a duly
delegated representative.
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Ord. No. 3621
(f) 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.
(g) Civil Engineer shall mean a professional engineer currently registered in the State of California
to practice in the field of civil engineering.
(h) Civil En sneering 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 engineering works for the beneficial uses of mankind.
(i) Clearing,brushing,and i11g�g shall mean the removal of vegetation(grass,brush,and
similar plant t)pes)by mechanical means Trees to be removed must be accompanied by a City
approved arbonst report and may require replacement(s).
(j) Compaction shall mean the densification of a fill by mechanical means.
(k) 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.
(1) Director shall mean the Director of the City of Huntington Beach Public Works Department or
a duly delegated representative.
(m)Earth Material shall mean any rock,natural soil.fill,or any combination thereof.
(n) Engineering Geologist shall mean a geologist certified in the State of California to practice
engineering geology.
(o) Engineering Geology 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.
(p) Erosion shall mean the wearing away of the ground surface as a result of the movement of
wind,or water.
(q) Erosion control system shall mean a combination of desilting facilities and erosion protection
including effective planting,to protect adjacent private property,watercourses,public facilities
and receiving waters from any abnormal deposition of sediment or dust.
(r) Excavation shall mean the manual or mechanical removal of earth material.
(s) Fill shall mean a deposit of earth material placed by artificial means.
(t) 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 made is the stage at which the grade approximately conforms to the approved plan.
(4) Finished grade is the final grade of the site which conforms to the approved plan.
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(u) Grading shall mean any excavating or filling or combination thereof.
(v) Grading contractor shall mean a contractor licensed and regulated by the State of California
who specializes in grading work or is otherwise licensed to do grading work.
(w)Grading pemut 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.
(x) Hillside site shall mean a site which entails cut and/or fill grading of three(3)feet or more in
vertical height below or above natural ground;or a combination fill-over-cut slope equal to or
greater than five(5)feet in vertical height;or where the existing grade is twenty percent(20%)
or greater,and which may be adversely affected by drainage and/or stability conditions within
or from outside the site,or which may cause and adverse effect on adjacent property.
(y) Mobilehome shall mean a structure,transportable in one or more sections,designed and
equipped to contain not more than two(2)dwelling units to be used with or without a
foundation system. Mobilehome does not include recreational vehicle,commercial coach,or
factory-built housing.
(z) Owner shall mean any person,agency,firm,or corporation having a legal or equitable interest
in a given real property.
(aa)Permanent erosion control devices shall mean improvements which remain throughout the life
of the development;they include terrace drains,down drains,slope landscaping,channels,and
storm drains.
(bb)Precise gradingpgrnut shall mean a permit that is issued on the basis of approved plans which
must show all proposed improvements and site drainage to the degree required by the Director.
(cc)Rom grading oinnit shall mean a permit that is issued on the basis of approved plans which
do not show a structure location,but must show interim site a to the
�� patterns degree
required by the Director.
(dd)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.
(ee)Site shall mean any lot or parcel of land or contiguous combination thereof,under the same
ownership,where grading is performed or permitted.
(ft) Slo-Me shall mean an included ground surface,the inclination of which is expressed as a ratio of
horizontal distance to vertical distance.
(gg)Soil is naturally occurring surficial deposits overlying bedrock.
(hh)Soil En,ineer shall mean a civil engineer currently registered in the State of California whose
field of expertise is soil mechanics.
(h) Soil EnRineering 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.
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Ord. No. 3621
Stoc ile shall mean earth material in excess of fifty(50)cubic yards stored for a temporary
period of time upon a lot as permitted by the Director.
(kk)Stormwater Permits shall mean any permits issued by a local,state or federal regulatory agency
regulating stormwater flow over and fiom any project subject to this article including but not
limited to NPDES permits and state general permits as defined in Chapter 14.25.
(ll) Temporaryerosion 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 fencing,straw bales,and
similar items.
(min) Terrace shall mean a relatively level step constructed in the face of a graded slope surface
for drainage and maintenance purposes.
(nn)Water quality requirements shall mean the requirements relevant to activities that are subject to
this Chapter and found in the City Stormwater and Urban Runoff Management Ordinance,
Chapter 14.25,and the current County of Orange Drainage Area Management Plan("DAMP")
including all appendices and guidance documents included in the DAMP,as well as
requirements relevant to the activities that are subject to this Chapter found in stormwater
pemuts.
SECTION 4. Section 17.05.050 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.05.050 Grading hermits. 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 pemut
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 prohibit a 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 Section 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 backfill for installation of underground utilities by public utilities or companies
operating under the authority of a franchise or public property encroachment permit
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Ord.No. 3621
(f) Mining,quarrying,excavating,processing,stockpiling of rock,sand,gravel,aggregate or clay
where established and provided for by law,under other agency permit(s),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 as required by the Director. All such
excavations and trenches are subject to the applicable sections of Title 8 of the State Orders,
Division of Industrial Safety.
(h) An excavation which does not exceed fifty(50)cubic yards on any one site and which is less
than two(2)feet in vertical depth,or which does not create a cut slope greater than five(5)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(50)cubic yards on any one site and does not
obstruct a drainage course.
(j) A fill less than three(3)feet in depth,not intended to support structures or mobilehomes which
does not exceed fifty(50)cubic yards on any one site and does not obstruct a drainage course.
SECTION 5. Section 17.05.080 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.05.080 TempgM goc j ile permit.
(a) The City may issue a temporary stockpile permit in lieu of a grading permit,to stockpile soil on
a lot or parcel upon the submission of an application for a temporary stockpile permit by the
owner of such lot,or by the owner's authorized agent. A stockpile plan of the lot prepared by a
licensed civil engineer or as otherwise approved by the Director shall be submitted for approval.
The stockpile plan shall show the area(s)in which the stockpiles are to be placed,the
approximate amount of soil to be stockpiled,along with the stockpile height restriction noted,
shall be required.
(b) Soil so stockpiled shall not be disturbed or leveled until a regular grading permit has been
obtained for such work. The placement of the stockpile shall not adversely affect the safety,
use,or stability of any structure,nor create a nuisance because of dust or erosion therefrom,nor
block a public way or drainage course;nor shall such placement of stockpile material constitute
a hazard to public welfare or endanger property. Stockpiling in a residential zone may be
permitted under this section for purposes of providing fill material to be used on-site only.
Stockpiling in residential zones for purposes of selling of material shall be prohibited.
(c) he temporary permit shall expire one(1)year after issuance thereof. A new permit shall be
uired annually.
A The permit fee for stockpiling shall be established by resolution of the City Council.
SECTION 6. Section 17.05.090 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.05.090 Types of aged gam. 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
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Ord. No. 3621
approval by the Director.The rough or precise grading permit is the option of the pemvttee provided that the
plans satisfy the requirements of the Grading Manual. Building permits shall not be issued for a site graded
under a rough grading permit until a precise grading permit has been issued or as otherwise approved by the
Director.
SECTION 7. Section 17.05.150 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.05.150 Soils and eon reports.
(a) A soil engineering and engineering 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 up must comply with Huntington Beach Fire Code Section 17.56.165(CFC
§8001.5.2.5)and Fire Department Specification No.431-92-responsibility for clean up of
contaminated soil.
SECTION 8. Section 17.05.250 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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 and/or correct conditions that pose a threat
to environmental resources including but not limited to a threat to water quality. 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
(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
incomplete 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 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.
(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
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Ord. No. 3621
occupancy and energizing utilities. Security in an amount determined by the Director may be
required for permits involving 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 that 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 pemmittee 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 the 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.17.05.240.
SECTION 9. Section 17.05.310 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.05.310 Erosion control and water quality requirement systems.
(a) The fasces of cut and fill slopes and the project site shall be prepared and maintained to control
against erosion in accordance with this Code.Where cut slopes are not subject to erosion due to
erosion-resistant character of the materials,such protection may be omitted upon approval by
the Director.
(b) Where necessary,temporary or permanent erosion control devices such as desilting 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 1-to April 30.
(c) No grading work in excess of 200 cubic yards will be allowed between October 1 and April 30 on any
single grading site under permit unless an erosion control system has been approved or waived 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 other 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.
(e) Unless 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 control devices during the rainy season. Installation and maintenance of all erosion
control devices shall be the responsibility of the owner.
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Ord. No. 3621
(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) Desilting basins shall be constructed around the perimeter of projects whenever feasible when it
provides improved maintenance access from paved roads during wet weather.
(i) Equipment and workers for emergency work shall be made available at all times during the
rainy season. Necessary materials shall be available on-site and stockpiled at convenient
locations to facilitate rapid construction of temporary devices when rain is imminent.
(j) Erosion protection shall consist of effective planting of all slopes in excess of three(3)feet high unless
otherwise approved by the Director.Slopes exceeding five(5)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 effectively cover the required
slopes prior to final approval,unless otherwise approved by the Director.
(k) Design or erosion control provisions shall consider drainage patterns during present and future phases of
grading throughout the rain season.
(1) All removable protective devices shown shall be in place at the end of each working day when the five.
(5)day rain probability forecast exceeds forty percent(40%).
(m) Graded areas around the project site perimeter shall drain away from the face of slopes at the
conclusion of each working day.
(n) In addition to the requirements specified above,the pernuttee shall perform all work in accordance with
the water quality requirements.
(o) Any violation of an applicable federal or state-issued stormwater permit,or failure to conform to the
City's water quality requirements prepared pursuant to such a permit or pursuant to this Chapter or to
the City's Stormwater and Urban Runoff Management Ordinance Chapter 14.25 and current County of
Orange DAMP,or failure to comply with stormwater related provisions of a City issued grading permit
or of a grading plan prepared to secure such a permit,is also a violation of this Chapter.
SECTION 10. Section 17.05.330 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.05.330 Erosion control maintenance.
(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.
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(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 the adjacent private
and public property. The cost shall be charged to the owner and shall include an initial
mobilization cost,and the cost of doing the work.
(f) In the event the Director must cause emergency maintenance work to be done,the Director
may revoke the grading permit in writing. The grading permit shall not be renewed until an
erosion control system and/or other systems necessary to comply with waxer quality
requirements approved by the Director are installed and a fee of one-half the amount
required for the original grading permit paid by the owner. The Director may waive
installation of an erosion control system after April 30.
(g) If any grading subject to Section 17.05.060,"Grading permits,"of this code is commenced
on private property without a valid grading pen-nit the owner may be required to prepare
and implement an erosion control plan as well as other plans required under the water
quality requirements which has been approved by the Director. In the event of failure.by
the owner to install an approved erosion control system,and/or other systems necessary to
comply with water quality requirements,the Director may cause emergency work to be
done to protect adjacent private and public property. The procedures of Section 17.05.120,
"Hazardous condition,"of this Code,need not apply for emergency erosion control work
between October 1 and April 30. The cost shall be charged to the owner in accordance
with item(e)of this section.
(h) All landscaping that is considered erosion control shall be continually maintained and shall
be controlled by an automatic time clock.system.
SECTION 11. Section 17.05.350 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.05.350 Engineer of Record responsibility. (3259-1/94)
(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 specialty. This responsibility
shall 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 or coordination of
revised plans,erosion control plans,and the submission of as-graded grading plans,when required by
the Director upon completion of the work..
(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
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Ord. No. 3621
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.(3259-1/94)
(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.(3259-1/94)
SECTION 12. Section 17.05.380 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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 specifications are current and reflect
existing conditions. _
(b) The contractor or agent shall notify the City Inspector and Fire Department if,during the
course of grading operations,contaminated soil is uncovered.
(c) The pemuttee 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 soil 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 fiarther work until approval is obtawed
for a revised grading plan which will conform to the conditions.
(e) The provisions of section 104.2.4,Stop Orders,of the California 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 pemmit,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.
SECTION 13. Section 17.05.390 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.05.390 Special inspections. The Director may establish special inspection requirements in
accordance with Section 1701,Special Inspections ofthe California 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 or expertise available
for inspection.
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Ord. No. 3621
SECTION 14. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 3rd day of November ,2003.
&*;!"
gwA4a0t...,
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk � o3 City Attorney 2,
REVIEWED AND APPROVED: INITIAT AND APPROVE
City Ad mistrator irector of Public Works
03ord/chap 17-05/10/2/03 1 1
Ord. No. 3621
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a regular meeting thereof held on the 20th day of October,2003, and was again read to
said City Council at a re ular meeting thereof held on the 3rd day of November, 2003,
and was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council.
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
ABSTAIN: None
I,Connie Brockway,CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach
Fountain Valley Independent on
2003.
In accordance with the City Charter of said City
Connie Brockway, City Clerk City Clerk and ex-officio Clerk
° x Deputy City Clerk of the City Council of the City
of Huntington Beach, California
miff CITY OF HUNTINGTON BEACH
[aU INTERDEPARTMENTAL COMMUNICATION
HUNTINGWN BEACH
TO: Jennifer McGrath, City Attorney
FROM: Connie Brockway, City-Clerk
a
DATE: March 9,2004
SUBJECT: Request for Ordinance Codification Clarification
Zj .�
In codifying Ordinance No. 3621 Re: Chapter 17.05 the following issue to
be addressed: "'
L Discrepancy in text between Legislative Draft and adopted Ordinance
See Below
Legislative Draft/Ordinance as adopted. (See highlighted sections.)
17.05.250 (e)and 17.05.350 (a)
Please refer to attached code for your.convenience.
By memo to City Clerk's Office, please document and sign below,which
version is correct and whether or not we need to return to Council.
City Clerk's comments:
�pSs�blt prv�\Ss�� o
City Attorney's comments and signature:
0 p�
By: C y Attomey/AssistanttDeputy
Mrosslattomeyclarificationmem
(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 pemuttee 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 rightofway. (32%1/94)
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 an application for a grading permit
is made. (3259-1/94)
17.05.230 Grading Mnnit 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 provided in the Grading Manual. (3259-v34)
17.05.240 Cost recoy_M 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 ten percent(10%) .
of the cost for performing the work. (32%1/'94)
17.05.250 Security. (32%1/'94)
(a) A grading permit shall not be issued unless the pemmittee 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 s�fications,will be corrected to eliminate
hazardous conditions and/or correct conditions that pose a threat to environmental
resources includingbut not limited to a threat to waterquality. This requirement
may be waived at the discretion of the Director if it is determined that: (9259-1/94)
(1) No hazardous situation is likely to occur as a result of incomplete or improper grading,and
(3259-1/94)
(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 (3259-1i94)
(3) No significant drainage,erosion,flooding,or siltation problems will exist as a result of incomplete
or improper grading,and (3259-1/94)
(4) No adverse geological or environmental impacts will occur as a result of incomplete or improper
grading,and (3259%4)
(5) No conditions of the permit warrant a financial guarantee to assure their satisfactory completion.
(3259-1/94)
(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. (32%1/94)
(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 involving
temporary earthen stockpiles to ensure their timely removal.(32%1/94)
(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. (3259-1/94)
SQz. 41 W--V �Da ,
Iegisdrfl/mc 1705-LD/10/2/03 12
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 pemmittee and,if applicable,
work If e
surety,shall within the timespecified,cause or require the ormed 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 the 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
17.05240. (3259-1/94)
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. (3259-1/94)
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 or engineering geology report and approved by the Director. The
slope of fill surfaces shall be no steeper than is safe for the intended use. (m%i/94)
17.05.280 Setbacks. Structures shall be set back from the tops and toes of slopes as specified in the
Grading Manual.(32%1/94)
17.05.290 Drainage and terracing. Drainage facilities and ten-acing shall conform to the provisions of the
Grading Manual unless otherwise approved by the Director and delineated on the approved grading plan.
(3259-1/94)
17.05.300 Asphalt concrete pavement (32%1/94)
(a) Asphalt concrete pavement for surfacing of parking lots,private streets,or other similar uses shall
conform to the provisions of the Grading Manual unless otherwise approved by the Director.
(32%1/94)
(b) The site soil engineer or special inspector shall inspect the construction of asphalt paved areas and
verify to the Director that the work was performed in compliance with the provisions of this section.
(32%1M)
17.05.310 Erosion control and water q ualily requirement sSrstems. (3259-1/94)
(a) The faces of cut and fill slopes and the project site shall be prepared and maintained to control
against erosion in accordance with this Code.Where cut slopes are not subject to
erosion due to erosion-resistant character of the materials,such protection may
be omitted upon approval by the Director. (3259-1/94)
(b) Where necessary,temporary or permanent erosion control devices such as desilting'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 4-51 to April 4-5 30.(3259-1/94)
(c) No grading work in excess of 200 cubic yards will be allowed between October 4-51 and April 45 30
on a any single grading site under permit unless an erosion control system has been approved or
waived by the Director.(32591m)
(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 other 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.(3259-194)
Ie-,isdrft/mc 1705-LD/10/1/03 13
Ord.No.3621
occupancy and energizing utilities. Security in an amount determined by the Director may be
required for permits involving 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
term 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 that 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 pemmittee 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 pemmittee 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.
worm shall be demanded from the surety or,if there is no surety,obtained from the 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.17.05240.
SECTION 9. Section 17.05.310 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.05310 Erosion control and water quality requirement systems.
(a) The faces of cut and fill slopes and the project site shall be prepared and maintained to control
against erosion in accordance with this Code.Where cut slopes are not subject to erosion due to.
erosion resistant character,of the materials,such protection may be omitted upon approval by
the Director.
(b) Where necessary,temporary or permanent erosion control devices such as desalting basins,check darns,
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 1-to April 30.
(c) No grading work in excess of 200 cubic yards will be allowed between October 1 and April 30 on any
single grading site under permit unless an erosion control system has been approved or waived by the
Director.
(d) Paved streets,sidewalks,and other improvements shall be maintained in a neat and clean condition fife
of loose soil,.constriction debris,and trash Street sweeping or other 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.
(e) Unless otherwise approved by the Director,the owner shall be required to retain a cavil 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 control devices during the rainy season. Installation and maintenance of all erosion
control devices shall be the responsibility of the owner.
x
�f Ck } L�
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 4 51.(3259-1/o,4)
17.05.330 Erosion control maintenance. (3259-1)94)
(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.,(3259-1/94)
(b) After each rainstorm,the performance of the erosion control system shall be evaluated and repaired as
necessary.(32%1P94)
(c) Devices shall not be moved or modified without the approval of the Director.(32%1/94)
(d) The owner shall take necessary precautions to prevent public trespass onto areas where impounded
water creates a hazardous condition.(3259-1/94)
(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 the adjacent private and public property. The cost
shall be charged to the owner and shall include an initial mobilization cost,and the cost of doing the
work(3259-1/94)
(f) In the event the Director must cause emergency maintenance work to be done,
the Director may revoke the grading permit in writing. The grading permit
shall not be renewed until an erosion control.system and/or other systems
necessary to comply with water quality requirements approved by the Director
are installed and a fee of one-half the amount required for the original grading
permit paid by the owner. The Director may waive installation of an erosion
control system after April 30.
(#)(g) If any grading subject to Section 17.05.060,"Grading pemuts,"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 as well as other plans required under the water quality
requirements which has been approved by the Director. In the event of failure by the owner to
install an approved erosion control system,and/or other systems necessary to comply
with water quality requirements,the dDirector may cause emergency work to be done to
protect adjacent private and public property. The procedures of Section 17.05.120,"Hazardous
condition,"of this Code,need not apply for emergency erosion control work between October 4-51
and April 44 30. The cost shall be charged to the owner in accordance with item(e)of this section.
(3259-1/94)
(h)All landscaping that is considered erosion control shall be continually
maintained and shall be controlled by an automatic time clock system.
17.05.340 Inspection authority. All grading operations for which a pemut is required shall be subject to
inspection by the Director.(32%1/94)
17.05.350 Engineer of Record responsibility. (3259-1/94)
(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 specialty. This
responsibility shall 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 or
Iesisdrf/mc I705-LD/I0/2/03 15
s -
(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(32%1/94)
(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.(32%1194)
(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.(3259-1194)
17.05.360 Notification of non-compliance. If,in the course of fulfilling their responsibility under this
Code,the Civil Engineer,the 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(2)copies of all recommendations and reports to the Director.
.(3259-1P94) .
17.05.370 Transfer of ma)onsrbility for approval. If the Civil Engineer,the Soil Engineer,the
Engineering Geologist,the Testing Agency,or the Grading contractor or Record are changed during the
` course of the work;the work shall be stopped unless: (3259-1/s4)
(1) the owner submits a letter of notification to the Director verifying the change of the responsible`
professional;and(3259-1/94)
(2) the new responsible professional submits in writing to the Director that he or she has reviewed all
prior reports and plans(.specified by date and title)and worm 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(3259-1/94)
17.05.380 Site inspection by the City Inspector. (3259-1/94)
(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 specifications are current and reflect existing
conditions.(3259-v94)
(b) The contractor or agent shall notify the City Inspector and Fire Department it during the course
of grading operations,contaminated soil is uncovered.(3259-11s4)
(c) The pemmittee or agent shall notify the city Inspector when the grading operations for which inspection
is required are ready for inspection.(3259-1/94)
(d) If the Inspector finds the soil 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 for a revised grading plan which
will conform to the conditions.(3259-1)94)
(e) The provisions of section 202(d);104.2.4,Stop Orders,of the UFAfe California 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
1egisdrft/mc 1705-LD/10/1/03 16
Ord. No.3621
(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 the adjacent private
and public property. The cost shall be charged to the owner and shall include an initial
mobilization cost,and the cost of doing the work
(f) In the event the Director must cause emergency maintenance work to be done,the Director
may revoke the grading permit in writing. The grading permit shall not be renewed until an
erosion control system and/or other systems necessary to comply with water quality
requirements approved by the Director are installed and a fee of one-half the amount
required for the original grading permit paid by the owner. The Director may waive
installation of an erosion control system after April 30.
(g) 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 as well as other plans required under the water
quality requirements which has been approved by the Director. In the event of failure.by
owner to.install an roved erosion control the own approved systerri,and/or other systems necessary to
comply with water quality requirements,the Director may cause emergency work to be
done to protect adjacent private and public property. The procedures of Section 17.05.120,
"Hazardous condition,"of this Code,need not apply for emergency erosion control work
between October 1 and April 30, The cost shall be charged to the owner in accordance
with item(e)of this section.
(h) All landscaping that is considered erosion control shall be continually maintained and shall
be controlled by an automatic time clocksystem.
SECTION 11. Section 17.05.350 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.05.350 Engineer of Record responsibility. (3259-1i4)
(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 specialty. This responsibility
shall 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 or coordination of
revised plans,erosion control plans,and the submission of as-graded grading plans,when required by
the Director upon completion of the work.
(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