HomeMy WebLinkAboutOrdinance No. 3620 & 3621 - Storm Water & Urban Runoff Manag - QUA
�e4 CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
HUNMGTON BEACH
TO: Jennifer McGrath, City Attorney
FROM: Connie Brockway, City Clerk
O
DATE: March 9, 2004 _
_sr =-
SUBJECT: Request for Ordinance Codification Clarification
In codifying Ordinance No. 3621 Re: Chapter 17.05 the following issue -i�eectq to
be addressed: ti D
2 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:
�QSS 1�0� QM\SS Wti�o 0
City Attorney's comments and signature:
0 ,rAjVLdArW-
By: C ty Attorney/Assistant/Deputy
Mross/attomeyclarificatio=em
ATTACHMENT # 1
ORDINANCE NO. 3 Jv 2.0
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 14.25 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO STORM WATER AND URBAN RUNOFF MANAGEMENT
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 14.25.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
14.25.020 Definitions.
(a) "Authorized Inspector" shall mean the Director of Public Works, Planning Director, Fire -
Chief or Director of Building and Safety, and persons designated by and under his/her
instruction and supervision,who are assigned to investigate compliance with, detect
violations of and/or take actions pursuant to this ordinance.
(b) "City" shall mean the City of Huntington Beach, Orange County, California.
(c) "Co-permittee" shall mean the County of Orange,the Orange County Flood Control
District,and/or any one of the thirty-one (31)municipalities, including the City of
Huntington Beach, which are responsible for compliance with the terms of the NPDES
Permit.
(d) "DAMP" shall mean the Orange County Drainage Area Management Plan, as the same
may be amended from time to time.
(e) "Development Project Guidance" shall mean DAMP Chapter VII and the Appendix
thereto, entitled Best Management Practices for New Development Including
Nonresidential Construction Projects, as the same may be amended from time to time.
(f) "Discharge" shall mean any release, spill, leak,pump, flow, escape, leaching(including
subsurface migration or deposition to groundwater), dumping or disposal of any liquid,
semi-solid or solid substance.
(g) "Discharge Exception" shall mean the group of activities not restricted or prohibited by
this ordinance, including only:
(1) Discharges composed entirely of storm water;
(2) Discharges subject to regulation under current EPA or Regional Water Quality
Control Board issued NPDES permits, State General Permits, or other waivers,
permits or approvals granted by an appropriate government agency;
(3) Discharges from property for which best management practices set forth in the
Development Project Guidance are being implemented and followed;
(4) Discharges to the Storm Water Drainage System from potable water line
flushing, fire fighting activities, landscape irrigation systems, diverted stream
flows,rising groundwater, and de minimis groundwater infiltration to the Storm
Water Drainage System(from leaks in joints or connections or cracks in water
drainage pipes or conveyance systems);
03ord/chap 14-25/10/2/03 1
Ord. No. 3620
(5) Discharges from potable water sources, passive foundation drains, air
conditioning condensation and other building roof runoff; agricultural irrigation
water runoff;water from crawl space pumps,passive footing drains, lawn
watering,noncommercial vehicle washing; flows from riparian habitats and
wetlands; dechlorinated swimming pool discharges;
(6) Discharges of reclaimed water generated by a lawfully permitted water treatment
facility;public street wash waters when related to cleaning and maintenance by,
or on behalf of,the City of Huntington Beach;
(7) Discharges authorized pursuant to a permit issued under the authority of the State
Water Control Board or other authorized agency. Discharges allowable under
the Domestic Sewage Exception;
(8) Discharges for which the discharger has reduced to the extent feasible the
amount of Pollutants in such Discharge; and
(9) Discharges authorized pursuant to federal or state laws or regulations.
In any action taken to enforce this ordinance, the burden shall be on the person who is the
subject of such action to establish that a Discharge was within the scope of this Discharge
Exception.
(h) "City Attorney" shall mean the City Attorney of the City of Huntington Beach and his/her
designee, which counsel is authorized to take enforcement action as described herein. For
purposes of criminal prosecution, only the City Attorney, or his/her designee, shall act as
the City Attorney..
(i) "EPA" shall mean the Environmental Protection Agency of the United States.
(j) "Hearing Officer" shall mean the Director of Public Works, Planning Director,Fire Chief
or Director of Building and Safety, or his/her designee, who shall preside at the
administrative hearings authorized by this ordinance and.issue final decisions on the
matters raised therein(or) shall mean the appeals board established by separate resolution
of the City Council,which shall preside at the administrative hearings authorized by this
ordinance and issue final decisions on the matters raised therein.
(k) "Invoice for Costs" shall mean the actual costs and expenses of the City of Huntington
Beach, including but not limited to administrative overhead, salaries and other expenses
recoverable under State law, incurred during any Inspection conducted pursuant to�ffi`s
ordinance or where a Notice of Noncompliance, Administrative Compliance Order or
other enforcement option under this ordinance is utilized to obtain compliance with this
ordinance.
(1) "Illicit Connection" shall mean any man-made conveyance or drainage system,pipeline,
conduit, inlet or outlet through which the discharge of any Pollutant to the Storm Water
Drainage System occurs or may occur. The term Illicit Connection shall not include
Legal Nonconforming Connections or connections to the Storm Water Drainage System
that are hereinafter authorized by the agency with jurisdiction over the system at the
location at which the connection is made.
(m) "Legal Nonconforming Connection" shall mean connections to the Storm Water Drainage
System existing as of the adoption of this ordinance that were in compliance with all
federal, state and local rules, regulations, statutes and administrative requirements in
effect at the time the connection was established, including but not limited to any
03ord/chap 14-25/10/2/.03_. 2
Ord. No. 3620
discharge permitted pursuant to the terms and conditions of an individual discharge
permit issued pursuant to the Industrial Waste ordinance, County Ordinance No. 703.
(n) "New Development" shall mean all public and private residential (whether single family,
multi-unit or planned unit development), industrial, commercial, retail, and other
nonresidential construction projects, or grading for future construction, for which either a
discretionary land use approval, grading permit,building permit or Nonresidential
Plumbing Permit is required.
(o) "Nonresidential Plumbing Permit" shall mean a plumbing permit authorizing the
construction and/or installation of facilities for the conveyance of liquids other than storm
water,potable water, reclaimed water or domestic sewage.
(p) "NPDES Permit" shall mean the currently applicable municipal discharge permits)
issued by the Regional Water Quality Control Board, Santa Ana Region(and/or the
Regional Water Quality Control Board, San Diego Region, as appropriate), which
permit(s) establishes waste discharge requirements applicable to storm water runoff in the
City of Huntington Beach.
(q) "Person" shall mean any natural person as well as any corporation,partnership,
government entity or subdivision, trust, estate, cooperative association,joint venture,
business entity, or other similar entity, or the agent, employee or representative of any of
the above.
(r) "Pollutant" shall mean any liquid, solid or semi-solid substances, or combination thereof,
including and not limited to:
(1) Artificial materials (such as floatable plastics,wood products or metal shavings);
(2) Household waste (such as trash,paper,and plastics; cleaning chemicals; yard
wastes; animal fecal materials; used oil and fluids from vehicles, lawn mowers and
other common household equipment);
(3) Metals and non-metals, including compounds of metals and non-metals (such as
cadmium, lead, zinc, copper, silver,nickel, chromium, cyanide, phosphorus and
arsenic)with characteristics which cause an adverse effect on living organisms;
(4) Petroleum and related hydrocarbons (such as fuels, lubricants, surfactants,waste
oils, solvents, coolants and grease);
(5) Animal wastes (such as discharge from confinement facilities, kennels,pens a id
recreational facilities, including, stables, show facilities, or polo fields);
_i
(6) Substances having a pH less than 6.5 or greater than 8.6, or unusual coloration,
turbidity or odor;
(7) Waste materials and wastewater generated on construction sites and by construction
activities(such as painting and staining; use of sealants and glues; use of lime; use
of wood preservatives and solvents; disturbance of asbestos fibers,paint flakes or
stucco fragments; application of oils,lubricants,hydraulic, radiator or battery fluids;
construction equipment washing; concrete pouring and cleanup; use of concrete
detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting
agents; and use of super chlorinated water for potable water line flushing);
(8) Materials causing an increase in biochemical oxygen demand, chemical oxygen
demand or total organic carbon;
03ord/chap 14-25/10003 3
Ord. No. 3620
(9) Materials which contain base/neutral or acid extractable organic compounds;
(10) Those Pollutants defined in §1362(6)of the Federal Clean Water Act; and
(11) Any other constituent or material, including but not limited to pesticides,herbicides,
fertilizers,fecal coliform,fecal streptococcus.or enterococcus, or eroded soils,
sediment and particulate materials, in quantities that will interfere with or adversely
affect the beneficial uses of the receiving waters,flora or fauna of the State..
(12) Wash water resulting from the hosing or cleaning of gas stations, auto repair
garages, and other types of automobile service stations.
(13) Discharges resulting from the cleaning, repair,or maintenance of any type of
equipment, machinery, or facility, including motor vehicles, concrete mixing
equipment,portable toilet servicing, etc.
(14) Wash water from mobile auto detailing and washing, steam and pressure cleaning,
carpet cleaning, and other such mobile commercial and industrial activities.
(15) Water from cleaning of municipal, industrial, and commercial sites, including
parking lots, streets, sidewalks, driveways,patios, plazas,work yards and outdoor
eating or drinking areas, etc.
(16) Runoff from material storage areas or uncovered receptacles that contain chemicals,
fuels, grease, oil, or other hazardous materials.
(17) .Discharges of runoff from the washing of toxic materials from paved or unpaved
areas.
(18) Discharges of pool or fountain water containing chlorine, biocides, or other
chemicals;pool filter backwash containing debris and chlorine.
(19) Restaurant or food processing facility wastes such as grease, floor mat and trash bin
wash water, food waste, etc.
Any item which is duplicative of another shall not be construed to exclude either item, as the same
item may be described more than one time.
(s) "Prohibited Discharge" shall mean any Discharge which contains any Pollutant, frmrt--
i public or private property to:
(1) the Storm Water Drainage System;
(2) any upstream flow, which is tributary to the Storm Water Drainage System;
(3) any groundwater, river, stream, creek, wash or dry weather arroyo, wetlands area,
marsh,coastal slough; or
(4) any coastal harbor,bay, or the Pacific Ocean. The term Prohibited Discharge shall
not include Discharges allowable under the Discharge Exception.
(t) "Significant Redevelopment" shall mean the rehabilitation or reconstruction of public or
private residential (whether single family, multi-unit or planned unit development),
industrial, commercial,retail, or other nonresidential structures, for which either a
03ord/chap 14-25/10/2/03 4
Ord. No. 3620
discretionary land use approval, grading permit,building permit or Nonresidential
Plumbing Permit is required.
(u) "State General Permit" shall mean either the State General Industrial Storm Water Permit
or the State General Construction Permit and the terms and requirements of either or both.
In the event the U.S. Environmental Protection Agency revokes the in-lieu permitting
authority of the State Water Resources Control Board,then the term State General Permit
shall also refer to any EPA administered storm water control program for industrial and
construction activities.
(v) "Storm Water Drainage System" shall mean street gutter, channel, storm drain,
constructed drain, lined diversion structure, wash area, inlet, outlet or other facility, which
is a part of or tributary to the Countywide storm water runoff system and owned,
operated, maintained or controlled by County of Orange, the Orange County Flood
Control District or any Co-permittee city, and used for the purpose of collecting, storing,
transporting, or disposing of storm water.
SECTION 2. Section 14.25.060 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
14.25.060 Enforcement.
(a) Administrative Remedies.
(1) Notice of Noncompliance. The Authorized Inspector may deliver to the owner or
occupant of any property, or to any Person responsible for an Illicit Connection or
Prohibited Discharge a Notice of Noncompliance.`The Notice of Noncompliance
shall be delivered in accordance with Section 14.25.060 of this ordinance.
(a) The Notice of Noncompliance shall identify the provision(s) of this ordinance or
the applicable permit which has been violated. The Notice of Noncompliance
shall state that continued noncompliance may result in additional enforcement
actions against the owner, occupant and/or Person.
(b) The Notice of Noncompliance shall state a compliance date that must be met by
the owner,occupant and/or Person;provided,however,that the compliance date
may not exceed ninety(90) days unless the Authorized Inspector extends the
compliance deadline an additional ninety(90)days where good cause exists for
the extension.
(2) Administrative Compliance Orders.
(a) The Authorized Inspector may issue an Administrative Compliance_ Order. The
Administrative Compliance Order shall be delivered in accordance with Section
14.25.060 of this ordinance. The Administrative Compliance Order may be
issued to:
(i) The owner or occupant of any property requiring abatement of conditions
on the property that cause or may cause a Prohibited Discharge or an Illicit
Connection in violation of this ordinance;
(ii) The owner of property subject to terms, conditions or requirements
imposed on a project in accordance with Section 14.25.040 to ensure
adherence to those terms,conditions and requirements.
03ord/chap 14-25/10/2/03 5
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1
(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 rightof-v ay. (3259-1,s4)
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 fora grading permit
is made. (3259-1/94)
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 provided in the Grading Manual. (3259-1,94)
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 ten percent(10%) .
of the cost for performing the work p259-1/s4)
17-05.250 Secjgi . (3259-1/94)
(a) A grading permit shall not be issued unless the pemuttee 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: (32%1)94)
(1) No hazardous situation is likely to occur as a result of incomplete or improper grading,and
(3259-1194)
(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 (32%1P94)
(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 (32%u94)
(5) No conditions of the pemut warrant a financial guarantee to assure their satisfactory completion.
(3259-1194)
(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. (3259-1,94)
(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%194)
A Failure to Complete Work: In the event of failure to comply with all of the conditions and terms of
the pemut,the Director may order the work authorized by the permit to be completed or put in a safe
condition. (3259-1/34)
iegisdrfi/mc 1705-LD/10/2/03 12
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comply with an order issued pursuant to subdivision(d),written notice thereof shall be given to the
pemuttee 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 pemuttee 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
17.05240. (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. (32%1/94)
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 Draina>e and terracins;. Drainage facilities and terracing 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
contorm 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.
(3259-1/94)
17.05.310 Erosion control and water g ualily reg uirement systems. (32%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.(32%1/94)
(c) No grading work in excess of 200 cubic yards will be allowed between October 4-51 and April 4-s 30
on a any single grading site under pemut unless an erosion control system has been approved or
waived by the Director.(3259-194)
(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.(32590194)
Ie.gisdrR/mc 1705-LD/10/1/03 1
Ord. No. 3621
occupancy and energizing utilities. Security in an amount detemmined 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.17-05240.
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 desdtmg 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 shah be maintained in a neat and clean ccsndition flee
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.
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 451.(3259-1m4)
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.(3259-1/94)
(c) Devices shall not be moved or modified without the approval of the Director.(3259-1/94)
(d) The owner shall take necessary precautions to prevent public trespass onto areas where impounded
water creates a hazardous condition.(32%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(32%1194)
(fj Iii 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.ong"nal grading
permit paid by the owner. The Director may waive installation of an erosion
control system after April 30.
(4)(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 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 451
and April 455 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 permit is required shall be subject to
inspection by the Director.(3259-194)
17.05.350 Engineer of Record responsibility. (32%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
Ie.-isdrft/mc 1705-LD/1012103 15
(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(3259-1/94)
(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%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)
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.
(3259-1194)
17.05.370 Transfer of responsibility fae 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: (3259-1,94)
(1) the owner submits a letter of notification to the Director verifying the.change ofthe responsible
professional;and(3259-1P4)
(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 work 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.(3259-1194)
17.05.380 Site inspection by the City Inspector. (32%1194)
(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.(325s 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.(3259-1/94)
(c) The pemuttee or agent shall notify the city Inspector when the grading operations for which inspection
is required are ready for inspection.(3259-1194)
(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 refimse to allow Rullier work until approval is obtained for a revised grading plan which
will conform to the conditions.(32%1/94)
(e) The provisions of section 202(d)104.2.4,Stop Orders,of the UftWe California Building Code,
shall apply to all grading work,and whenever the City Inspector detemrines 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
legisdrft/mcI705-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
(� 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
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. (3259-1194)
(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
o
aws Cy
CITY OF,HUNTINGTON BEACH
MEETING DATE: October 20, 2003 DEPARTMENT ID NUMBER:PW-03-072
Council/Agency Meeting Held: o
Deferred/Continued to: — 3 ,5oaR
'Approved ❑ Conditionally Approved ❑ Denied "J'� City CI rk's gnatur
Council Meeting Date: October 20, 2003 Department ID Number: PW-03-072
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS o x
SUBMITTED BY: RAY SILVER, City Administrator OW o
PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works --<.
SUBJECT: ADOPT ORDINANCES MODIFYING CHAPTER 14.25 AND
G .:
CHAPTER 17.05 OF THE MUNICIPAL CODE TO INCLUDE
UPDATED WATER QUALITY LANGUAGE � ^"�O�--*,
FStatm_entof Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: The current Huntington Beach Municipal Code (HBMC) Chapter 14.25
Stormwater and Urban Runoff Management Code and Chapter 17.05 Grading and
Excavation Code do not provide adequate legal authority to implement the revised National
Pollutant Discharge Elimination System (NPDES) stormwater requirements.
Funding Source: No funding is required. Minor annual revenues are possible.
Recommended Action: Motion to adopt Ordinance No.36 an ordinance of the City
of Huntington Beach amending Chapter 14.25 of the Huntington Beach Municipal Code
relating to storm water and urban runoff management, and Ordinance No._�>u�\ 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 co
Alternative Action(s): Deny the recommended action.
Analysis: The renewed NPDES stormwater permit required the review of City ordinances
to ensure adequate legal authority has been adopted. After reviewing the Huntington Beach
Municipal Code (HBMC) Chapter 14.25 Stormwater and Urban Runoff Management Code
and Chapter 17.05 Grading and Excavation Code, it was determined that updates are
needed to expand the number of departments authorized to enforce the permit requirements.
The proposed changes are based on County Counsel's recommended changes to the
G:\R C A\2003\03-072 Oct 20 Lucas (Modify Ordinances for WQ).doc
10/6/2003 11:33 AM a
REQUEST FOR COUNCIL ACTION
MEETING DATE: October 20, 2003 DEPARTMENT ID NUMBER:PW-03-072
County Ordinances. The City's ordinances were modeled on the County recommendations
and the recommended updates are appropriate to the HBMC.
Proposed revisions to the Stormwater and Urban Runoff Management Ordinance will provide
authority to the Director of Planning, Director of Building & Safety, and the Fire Chief, in
addition to the Director of Public Works to implement the ordinance. Significant changes
proposed by the ordinance are in the definition of pollutants (Section 14.25.020) that now
include wash water from commercial and industrial sites, food service facilities and pools and
fountains.
The proposed modifications to the Grading and Excavation Code include general language
adding water quality requirements and linking the ordinance to the Stormwater and Urban
Runoff Management Ordinance and the current County Drainage Area Management Plan
(DAMP). The proposed language applies primarily to construction activities and erosion
control situations.
Public Works Commission Action: Not required.
Environmental Status: Not applicable.
Attachment(s):
City Clerk's
Page Number No. Description
1 Ordinance No.3lD O and Legislative Draft Chapter 14.25
2 Ordinance No. 3\D a, and Legislative Draft Chapter 17.05
RCA Author: Geraldine Lucas
GAR C A\2003\03-072 Oct 20 Lucas(Modify Ordinances for WQ).doc �
10/6/2003 11:33 AM
Ord. No. 3620
(iii) A Permittee subject to the requirements of any permit issued pursuant to
Section 14.25.070 hereof to ensure compliance with the terms,conditions
and requirements of the permit.
(iv) Any Person responsible for an Illicit Connection or Prohibited Discharge.
(b) The Administrative Compliance Order may include the following terms and
requirements:
(i) Specific steps and time schedules for compliance as reasonably necessary
to prevent the imminent threat of a Prohibited Discharge, including but not
limited to a Prohibited Discharge from any pond, pit, well, surface
impoundment, holding or storage area;
(ii) Specific steps and time schedules for compliance as reasonably necessary
to discontinue any Illicit Connection;
(iii) Specific requirements for containment, cleanup, removal, storage,
installation of overhead covering, or proper disposal of any Pollutant
having the potential to contact storm water runoff;
(iv) Any other terms or requirements reasonably calculated to prevent the
imminent threat of or continuing violations of this ordinance, including,but
not limited to requirements for compliance with best management practices
guidance documents promulgated by any federal, State of California or
regional agency;
(v) Any other terms or requirements reasonably calculated to achieve full
compliance with the terms,conditions and requirements of any permit
issued pursuant hereto.
(3) Cease and Desist Orders.
(a) The Authorized Inspector may issue a Cease and Desist Order. A Cease and
Desist Order shall be delivered in accordance with Section 14.25.060 of this
ordinance. A Cease and Desist Order may direct the owner or occupant of any
property and/or other Person responsible for a violation of this ordinance to:
(i) Immediately discontinue any Illicit Connection or Prohibited Discharge to
the Storm Water Drainage System; `
(H) Immediately contain or divert any flow of water off the property,where the
flow is occurring in violation of any provision of this ordinance;
(iii) Immediately discontinue any other violation of this ordinance;
(iv) Clean up the area affected by the violation.
(b) The Authorized Inspector may direct by Cease and Desist Order that the owner
of any property or any Permittee under any permit issued pursuant to Section
VIII hereof:
(i) Immediately cease any activity not in compliance with the terms,
conditions and requirements of the applicable permit.
03ord/chap 14-25/10/2/03 6
Ord. No. 3620
(4) Recovery of Costs. The Authorized Inspector may deliver to the owner or occupant
of any property, any Permittee or any other Person who becomes subject to a notice
of noncompliance or administrative order,an Invoice for Costs. An Invoice for
Costs shall be delivered in accordance with Section 14.25.060 of this ordinance. An
Invoice for Costs shall be immediately due and payable to the city for the actual
costs incurred by the City in issuing and enforcing any notice or order.
(a) If any owner or occupant,.Permittee or any other Person subject to an invoice
for costs fails to either pay the Invoice for Costs or appeal successfully the
Invoice for Costs in accordance with Section 14.25.060,then the City Attorney
may institute collection proceedings.
(5) Delivery of Notice. Any Notice of Noncompliance,Administrative Compliance
Order, Cease and Desist Order or Invoice of Costs to be delivered pursuant to the
requirements of this ordinance shall be subject to the following:
(a) The notice shall state that the recipient has a right to appeal the matter as set -
forth in Section 14.25.060 of this ordinance.
(b) Delivery shall be deemed complete upon(i)personal service to the recipient; (ii)
deposit in the U.S. mail,postage pre-paid for first class delivery; or(iii)
facsimile service with confirmation of receipt.
(c) Where the recipient of notice is the owner of the property,the address for notice
shall be the address from the most recently issued equalized assessment roll for
the property or as otherwise appears in the current records of the city.
(d) Where the owner or occupant of any property cannot be located after the
reasonable efforts of the Authorized Inspector, a Notice of Noncompliance or
Cease and Desist Order shall be deemed delivered after posting on the property
for a period of ten(10) business days.
(6) Administrative Hearing for Notices of Noncompliance, Administrative Compliance
Orders, Invoices for Costs and Adverse Determinations. Except as set forth in
Paragraph 8, any Person receiving a Notice of Noncompliance,Administrative
Compliance Order, a notice of Legal Nonconforming Connection, an Invoice for
Costs, or any Person who is subject to any adverse determination made pursuant to
this ordinance,may appeal the matter by requesting an administrative hearing.
Notwithstanding the foregoing,these administrative appeal procedures shall not
--apply to criminal proceedings initiated to enforce this ordinance. _
(7) Request for Administrative Hearing. Any person appealing a Notice of
Noncompliance, an Administrative.Compliance Order, a notice of Legal
Nonconforming Connection, an Invoice for Costs or an adverse determination shall,
within thirty(30) days of receipt thereof, file a written request for an administrative
hearing, accompanied by an administrative hearing fee as established by separate
resolution,with the Office of the City Clerk,with a copy of the request for
administrative hearing mailed on the date of filing to the City Administrator.
Thereafter, a hearing on the matter shall be held before the Hearing Officer within
forty-five(45)business days of the date of filing of the written request unless, at the
reasonable discretion of the Hearing Officer and pursuant to a written request by the
appealing party,.a continuance of the hearing is granted.
(8) Administrative Hearing for Cease and Desist Orders and Emergency Abatement
Actions. An administrative hearing on the issuance of a Cease and Desist Order or
following an emergency abatement action shall be held within five (5) business days
03ord/chap 14-25/10/2/03 7
Ord. No.3620
following the issuance of the order or the action of abatement, unless the hearing (or
the time requirement for the hearing) is waived in writing by the party subject to the
Cease and Desist Order or the emergency abatement. A request for an
administrative hearing shall not be required from the Person subject to the Cease
and Desist Order or the emergency abatement action.
(9) Hearing Proceedings. The Authorized Inspector shall appear in support of the
notice, order, determination, Invoice for Costs or emergency abatement action,-and
the appealing party shall appear in support of withdrawal of the notice,order,
determination, Invoice for Costs, or in opposition to the emergency abatement
action. The City shall have the burden of supporting any enforcement or other
action by a preponderance of the evidence. Each party shall have the right to
present testimony and other documentary evidence as necessary for explanation of
the case.
(10) Final Decision and Appeal. The final decision of the Hearing Officer shall be
issued within ten(10)business days of the conclusion of the hearing and shall be
delivered by first-class mail, postage prepaid,to the appealing party. The final
decision shall include notice that any legal challenge to the final decision shall be
made pursuant to the provisions of Code of Civil Procedure §§1094.5 and 1094.6
and shall be commenced within ninety(90) days following issuance of the final
decision. (The administrative hearing fee paid by a prevailing party in an appeal
shall be refunded.)
(a) Notwithstanding this Section 10,the final decision of the Hearing Officer in any
preceding determining the validity of a Cease and Desist Order or following an
emergency abatement action shall be mailed within five (5) business days
following the conclusion of the hearing.
(11) City Abatement. In the event the owner of property, the operator of a facility, a
Permittee or any other Person fails to comply with any provision of a compliance
schedule issued to such owner, operator, Permittee or Person pursuant to this
ordinance,the Authorized Inspector may request the City Attorney to obtain an
abatement warrant or other appropriate judicial authorization to enter the property,
abate the condition and restore the area. Any costs incurred by the city in obtaining
and carrying out an abatement warrant or other judicial authorization may be
recovered pursuant to Section 14.25.060.
(b) Nuisance.
Any condition in violation of the prohibitions of this ordinance, including but not limited
to the maintenance or use of any Illicit Connection or the occurrence of any Prohibited
Discharge, shall constitute a threat to the public health, safety and welfare, and is declared
and deemed a nuisance pursuant to Government Code §38771.
(1) Court Order to Enjoin or Abatement. At the request of the Administrator,the City
Attorney may seek a court order to enjoin and/or abate the nuisance.
(2) Notice to Owner and Occupant. Prior to seeking any court order to enjoin or abate a
nuisance or threatened nuisance,the Authorized Inspector shall provide notice of
the proposed injunction or abatement to the owner and occupant, if any, of the
property where the nuisance or threatened nuisance is occurring.
(3) Emergency Abatement. In the event the nuisance constitutes an imminent danger to
public safety or the environment,the Authorized Inspector may enter the property from which
the nuisance emanates, abate the nuisance and restore any property affected by the nuisance.
03ord/chap 14-25/10603 8
Ord. No. 3620
To the extent reasonably practicable, informal notice shall be provided to the owner or
occupant prior to abatement. If necessary to protect the public safety or the environment,
abatement may proceed without prior notice to or consent from the owner or occupant thereof
and without judicial warrant.
(a) An imminent danger shall include,but is not limited to, exigent circumstances
created by the dispersal of Pollutants,where the same presents a significant and
immediate threat to the public safety or the environment.
(b) Notwithstanding the authority of the city to conduct an emergency abatement
action, an administrative hearing pursuant to Section 14.25.060 hereinabove
shall follow the abatement action.
(4) Reimbursement of Costs. All costs incurred by the city in responding to any nuisance,all
administrative expenses and all other expenses recoverable under State law, shall be recoverable
from the Person(s) creating, causing, committing, permitting or maintaining the nuisance.
(5) Nuisance Lien. All costs shall become a lien against the property from which the nuisance
emanated and a personal obligation against the owner thereof in accordance with Government Code
§38773.1 and §38773.5. The owner of record of the property subject to any lien shall be given
notice of the lien prior to recording as required by Government Code §38773.L
(a) At the direction of the Authorized Inspector,the City Attorney is authorized to
collect nuisance abatement costs or enforce a nuisance lien in an action brought
for a money judgment or by delivery to the County Assessor of a special
assessment against.the property in accord with the conditions and requirements
of Government Code §38773.5.
(c) Criminal Sanctions.
(1) Prosecutor. The City Attorney may act on the request of the Authorized Inspector
to pursue enforcement actions in accordance with the provisions of this ordinance.
(2) Infractions. Notwithstanding any penalty ordinance in the Code, any Person who
may otherwise be charged with a misdemeanor under this ordinance may be
charged, at the discretion of the City Attorney, with an infraction punishable by a
fine of not more than$100 for a first violation, $200 for a second violation, and a
fine not exceeding $500 for each additional violation occurring within one year.
(3) Misdemeanors. Any Person who negligently or knowingly violates any provision
of.this.ordinance, undertakes to conceal any violation of this ordinance; continues
any violation of this ordinance after notice thereof, or violates the terms, conditions
and requirements of any permit issued pursuant to this ordinance, shall be guilty of
a misdemeanor punishable by a fine of not more than$1,000 or by imprisonment
for a period of not more than six (6)months, or both.
(4) Administrative Citations.
(d) Consecutive Violations.
Each day in which a violation occurs and each separate failure to comply with either a
separate provision of this ordinance an Administrative Compliance Order, a Cease and
Desist Order or a permit issued pursuant to this ordinance, shall constitute a separate
violation of this ordinance punishable by fines or sentences issued in accordance
herewith.
03ord/chap 14-25/I0/2/03. 9
Ord. No. 3620
(e) Nonexclusive Remedies.
Each and every remedy available for the enforcement of this ordinance, shall be
nonexclusive and it is within the discretion of the Authorized Inspector or City Attorney
to seek cumulative remedies, except that multiple monetary fines or penalties shall not be
available for any single violation of this ordinance.
(f) Citations.
Pursuant to Penal Code §836.5,the Authorized Inspector shall have the authority to cause
the arrest of any Person committing a violation of this ordinance. The Person shall be
released and issued a citation to appear before a magistrate in accordance with Penal
Code §853.5, §853.6, and §853.9,unless the Person demands to be taken before a
magistrate. Following issuance of any citation the Authorized Inspector shall refer the
matter to the City Attorney.
Each citation to appear shall state the name and address of the violator,the provisions of
this ordinance violated, and the time and place of appearance before the court,which shall
be at least ten(10)business days after the date of violation. The Person cited shall sign
the citation giving his or her written promise to appear as stated therein. If the Person
cited fails to appear, the City Attorney may request issuance of a warrant for the arrest of
the Person cited.
(g) Violations of Other Laws.
Any Person.acting in violation.of this ordinance also.maybe acting in violation of the
Federal Clean Water Act or the State Porter-Cologne Act and other laws and also may be
subject to sanctions including civil liability. Accordingly,the City Attorney is authorized
to file a citizen suit pursuant to Federal Clean Water Act §505(a), seeking penalties,
damages, and orders compelling compliance and other appropriate relief. The City
Attorney may notify EPA Region IX, the Santa Ana or San Diego Regional Water
Quality Control Boards, or any other appropriate state or local agency, of any alleged
violation of this ordinance.
(h) Injunctions.
At the request of the Authorized Inspector,the City Attorney may cause the filing in a
court of competent jurisdiction of a civil action seeking an injunction against any
threatened or continuing noncompliance with the provisions of this ordinance. =
(1) Order for Reimbursement. Any temporary,preliminary or permanent injunction
issued pursuant hereto may include an order for reimbursement to the city of all
costs incurred in enforcing this ordinance,including costs of inspection,
investigation and monitoring,the costs of abatement undertaken at the expense of
the city, costs relating to restoration of the environment and all other expenses as
authorized by law.
(i) Other Civil Remedies.
(1) The Authorized Inspector may cause the City Attorney to file an action for civil
damages in a court of competent jurisdiction seeking recovery of(a)all costs
incurred in enforcement of the ordinance, including but not limited to costs relating
to investigation, sampling, monitoring, inspection,administrative expenses, all other
expenses as authorized by law, and consequential damages, (b) all costs incurred in
03ord/chap 14-25/106b3 10
Ord. No. 3620
mitigating harm to the environment or reducing the threat to human health, and(c)
damages for irreparable harm to the environment.
(2) The City Attorney is authorized to file actions for civil damages resulting from any
trespass or nuisance occurring on public land or to the Storm Water Drainage
System from any violation of this ordinance where the same has caused damage,
contamination or harm to the environment,public property or the Storm Water
Drainage System.
(3) The remedies available to the city pursuant to the provisions of this ordinance shall
not limit the right of the city to seek any other remedy that may be available by law.
SECTION 3. 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.
Mayor
ATTEST: PROVED AS TO FORM:
City Clerk j
Attorney` '
REVIEWED AND APPROVED: AND APP ED:
City Ad inistrator Director of Public Works
03ord/chap 14-25/10/2/03 1 1
Ord. No. 3620
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 201h day of October, 2003, and was again read to
said City Council at a re ular meeting thereof held on the 3`d 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
1,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
eZ O 12003.
In accordance with the City Charter of said City
Connie Brockway,City Clerk City Clerk and ex-officio C erk
T)enuty City Clerk of the City Council of the City
of Huntington Beach, California
Ordinance No.
LEGISLATIVE DRAFT
Chapter 14.25
STORM WATER AND URBAN RUNOFF MANAGEMENT
(3364-8/97)
Sections:
14.25.010 Purpose
14.25.020 Definitions
14.25.030 Prohibition on Illicit Connections and Prohibited Discharges
14.25.040 New Development and Significant Redevelopment
14.25.050 Scope of Inspections
14.25.060 Enforcement
14.25.070 Discharge Permit Procedure
14.25.080 Permit Suspension, Revocation or Modifications
14.25.090 Interagency Cooperation
14.25.100 Miscellaneous
14.25.110 Judicial Review
14.25.010 PLiMose. The United States Congress passed the Clean Water Act 33 USC
§1251 et seq., as amended, including §402(p)therein as a mandate, in part, that municipal
separate storm sewer systems, such as in Orange County, obtain permits to "effectively
prohibit non-storm water discharges into the storm sewers" and "require controls to reduce
the discharge of pollutants to the maximum extent practicable... ." This permitting
authority has been delegated by the United States Environmental Protection Agency
("EPA")to the State of California, which has authorized the State Water Resources Control
Board and its local regulatory agencies, the Regional Water Quality Control Boards, to
control non-point source discharges to California's waterways.
The Santa Ana and San Diego Regional Water Quality Control Boards have addressed the
obligation to implement the Clean Water Act by issuing Waste Discharge Requirements
governing storm water runoff for the County of Orange, Orange County Flood Control
District and the incorporated cities of Orange County. These permits shall be referred to
collectively herein as the National Pollution Discharge Elimination System Permit or
"NPDES Permits."
The City of Huntington Beach is participating as a "Co-permittee" under the NPDES
Permits in the development and adoption of an ordinance to accomplish the requirements of
the Clean Water Act.
Storm water runoff is one step in the natural cycle of water. However, human activities,
such as agriculture, construction and the operation and maintenance of an urban
infrastructure may result in undesirable discharges of pollutants and certain sediments,
which may accumulate in local drainage channels and waterways and eventually may be
deposited in the waters of the United States.
The purpose of this ordinance is to participate in the improvement of water quality and
comply with federal requirements for the control of urban pollutants to storm water runoff,
which enters the network of storm drains throughout Orange County. (3364-8/97)
legisdraft/mc 1425 LD/10/2/03 1
14.25.020 Definitions.
(a) "Authorized Inspector" shall mean the Director of Public Works, Planning
Director, Fire Chief or Director of Building and Safety, and persons
designated by and under his/her instruction and supervision, who are assigned to
investigate compliance with, detect violations of and/or take actions pursuant to this
ordinance.
(b) "City" shall mean the City of Huntington Beach, Orange County, California.
(c) "Co-permittee" shall mean the County of Orange,the Orange County Flood Control
District, and/or any one of the thirty-one (31) municipalities, including the City of
Huntington Beach; which are responsible for compliance with the terms of the NPDES
Permit.
(d) "DAMP" shall mean the Orange County Drainage Area Management Plan, as the same
may be amended from time to time.
(e) "Development Project Guidance" shall mean DAMP Chapter VII and the Appendix
thereto, entitled Best Management Practices for New Development Including
Nonresidential Construction Projects, as the same may be amended from time to time.
(f) "Discharge" shall mean any release, spill, leak,pump, flow, escape, leaching
(including subsurface migration or deposition to groundwater), dumping or disposal of
any liquid, semi-solid or solid substance.
(g) "Discharge Exception" shall mean the group of activities not restricted or prohibited by
this ordinance, including only:
(1) Discharges composed entirely of storm water;
(2) Discharges subject to regulation under current EPA or Regional Water Quality
Control Board issued NPDES permits, State General Permits, or other
waivers, permits or approvals granted by an appropriate government agency;
(3) Discharges from property for which best management practices set forth in the
Development Project Guidance are being implemented and followed;
(4) Discharges to the Storm Water Drainage System from potable water line
flushing, fire fighting activities, landscape irrigation systems, diverted stream
flows, rising groundwater, and de minimis groundwater infiltration to the
Storm Water Drainage System (from leaks in joints or connections or cracks
in water drainage pipes or conveyance systems);
(5) Discharges from potable water sources, passive foundation drains, air
conditioning condensation and other building roof runoff, agricultural
irrigation water runoff; water from crawl space pumps, passive footing drains,
lawn watering, noncommercial vehicle washing; flows from riparian habitats
and wetlands; dechlorinated swimming pool discharges;
(6) Discharges of reclaimed water generated by a lawfully permitted water
treatment facility; public street wash waters when related to cleaning and
maintenance by, or on behalf of, the City of Huntington Beach;
legisdraft/mc 1425LD/10/2/03 2
(7) Discharges authorized pursuant to a permit issued under See fien VTTT he_ee f
the authority of the State Water Control Board or other
authorized agency. Discharges allowable under the Domestic Sewage
Exception;
(8) Discharges for which the discharger has reduced to the extent feasible the
amount of Pollutants in such Discharge; and
(9) Discharges authorized pursuant to federal or state laws or regulations.
:. In any action taken to enforce this ordinance,the burden shall be on the person who is
the subject of such action to establish that a Discharge was within the scope of this
Discharge Exception.
(eenwnenly ealled demestie sewage) and other-wastes, but limited selely te wastes that-
are eentr-elled by and are within publiely owned wastewater-tfeatment systefn
(i) (h) "City Attorney" shall mean the City Attorney of the City of Huntington Beach and
his/her designee, which counsel is authorized to take enforcement action as described
.herein. For purposes of criminal prosecution, only the City Attorney, or his/her
designee, shall act as the City Attorney.
(j) (i) "EPA" shall mean the Environmental Protection Agency of the United States.
(k) "Hearing Officer" shall mean the Director of Public Works, Planning Director,
Fire Chief or Director of Building and Safety,or his/her designee, who shall
preside at the administrative hearings authorized by this ordinance and issue final
decisions on the matters raised therein (or) shall mean the appeals board established by
separate resolution of the City Council, which shall preside at the administrative
hearings authorized by this ordinance and issue final decisions on the matters raised
therein.
(1) (k) "Invoice for Costs" shall mean the actual costs and expenses of the City of
Huntington Beach, including but not limited to administrative overhead, salaries and
other expenses recoverable under State law, incurred during any Inspection conducted
pursuant to this ordinance or where a Notice of Noncompliance, Administrative
Compliance Order or other enforcement option under this ordinance is utilized to
obtain compliance with this ordinance.
(m) (1)"Illicit Connection" shall mean any man-made conveyance or drainage system,
pipeline, conduit, inlet or outlet through which the discharge of any Pollutant to the
Storm Water Drainage System occurs or may occur. The term Illicit Connection shall
not include Legal Nonconforming Connections or connections to the Storm Water
Drainage System that are hereinafter authorized by the agency with jurisdiction over
the system at the location at which the connection is made.
(n) (m) "Legal Nonconforming Connection" shall mean connections to the Storm
Water Drainage System existing as of the adoption of this ordinance that were in
compliance with all federal, state and local rules, regulations, statutes and
administrative requirements in effect at the time the connection was established,
including but not limited to any discharge permitted pursuant to the terms and
legisdraft/mc 1425LD/10/2/03 3
conditions of an individual discharge permit issued pursuant to the Industrial Waste
ordinance, County Ordinance No. 703.
(o) (n)"New Development" shall mean all public and private residential (whether single
family,multi-unit or planned unit development), industrial, commercial, retail, and
other nonresidential construction projects, or grading for future construction, for which
either a discretionary land use approval, grading permit, building permit or
Nonresidential Plumbing Permit is required.
(p) (0) "Nonresidential Plumbing Permit".shall mean a plumbing permit authorizing the
construction and/or installation of facilities for the conveyance of liquids other than
storm water, potable water, reclaimed water or domestic sewage.
(q) (p)"NPDES Permit" shall mean the currently applicable municipal discharge permit(s)
issued by the Regional Water Quality Control Board, Santa Ana Region(and/or the
Regional Water Quality Control Board, San Diego Region, as appropriate), which
permit(s) establishes waste discharge requirements applicable to storm water runoff in
the City of Huntington Beach.
(r) (q) 'Person" shall mean any natural person as well as any corporation, partnership,
government entity or subdivision,trust, estate, cooperative association,joint venture,
business entity, or other similar entity, or the agent, employee or representative of any
of the above.
(s) (r) 'Pollutant" shall mean any liquid, solid or semi-solid substances, or combination
thereof, including and not limited to:
(1) Artificial materials (such as floatable plastics, wood products or metal shavings);
(2) Household waste (such as trash, paper, and plastics; cleaning chemicals; yard
wastes; animal fecal materials; used oil and fluids from vehicles, lawn mowers
and other common household equipment);
(3) Metals and non-metals, including compounds of metals and non-metals (such as
cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide, phosphorus and
arsenic) with characteristics which cause an adverse effect on living organisms;
(4) Petroleum and related hydrocarbons (such as fuels, lubricants, surfactants, waste
oils, solvents, coolants and grease);
(5) Animal wastes (such as discharge from confinement facilities, kennels, pens and
recreational facilities, including, stables, show facilities, or polo fields);
(6) Substances having a pH less than 6.5 or greater than 8.6, or unusual coloration,
turbidity or odor;
(7) Waste materials and wastewater generated on construction sites and by
construction activities (such as painting and staining; use of sealants and glues;
use of lime; use of wood preservatives and solvents; disturbance of asbestos
fibers, paint flakes or stucco fragments; application of oils, lubricants, hydraulic,
radiator or battery fluids; construction equipment washing; concrete pouring and
cleanup; use of concrete detergents; steam cleaning or sand blasting; use of
chemical degreasing or diluting agents; and use of super chlorinated water for
potable water line flushing);
legisdraft/mc 1425LD/10/2/03 4
(8) Materials causing an increase in biochemical oxygen demand, chemical oxygen
demand or total organic carbon;
(9) Materials which contain base/neutral or acid extractable organic compounds;
(10) Those Pollutants defined in §1362(6) of the Federal Clean Water Act; and
(11) Any other constituent-or.-material;including-but not limited to pesticides, -
herbicides, fertilizers;-fecal coliform, fecal streptococcus or enterococcus, or
eroded soils, sediment and particulate materials;in quantities-that will,interfere
with or adversely affect the_beneficial uses of the receiving waters,-flora or fauna
of the State.
(12) Wash water resulting from the hosing or cleaning of gas stations,
auto repair garages, and other types of automobile service
stations.
(13) Discharges resulting from the cleaning, repair, or maintenance of
anyy,ttyype of equipment, machinery, or facility, including motor
vehicles, concrete mixing equipment, portable toilet servicing,
etc.
(14) Wash water from mobile auto detailing and washing, steam and
pressure cleaning, carpet cleaning, and other such mobile
commercial and industrial activities.
(15) Water from cleaning of municipal, industrial, and commercial
sites, including parking lots, streets, sidewalks, driveways, patios,
plazas, work yards and outdoor eating or.drinking areas, etc.
(16) Runoff from material storage areas or uncovered receptacles
that contain chemicals, fuels, grease, oil, or other hazardous
materials.
(17) Discharges of runoff from the washing of toxic materials from
paved or unpaved areas.
(18) Discharges of pool or fountain water containing chlorine,biocides, or other chemicals; pool filter backwash containing
debris and chlorine.
(19) Restaurant or food processing facility wastes such as grease,
floor mat and trash-bin wash water, food waste, etc.
Any item which is duplicative of another shall not be construed to exclude
either item, as the same item may be described more than one time.
(t) (s) "Prohibited Discharge" shall mean any Discharge which contains any Pollutant,
from public or private property to:
(1) the Storm Water Drainage System;
(2) any upstream flow, which is tributary to the Storm Water Drainage System;
legisdraft/mc 1425 LD/10/2/03 5
(3) any groundwater, river, stream, creek, wash or dry weather arroyo, wetlands area,
marsh, coastal slough; or
(4) any coastal harbor, bay, or the Pacific Ocean. The term Prohibited Discharge
shall not include Discharges allowable under the Discharge Exception.
(u) (t) "Significant Redevelopment" shall mean the rehabilitation or reconstruction of
public or private residential (whether single family, multi-unit or planned unit
development), industrial,commercial, retail, or other nonresidential structures, for
which either a discretionary land use approval, grading permit, building permit or
Nonresidential Plumbing Permit is required.
(v) (u)"State General Permit" shall mean either the State General Industrial Storm Water
Permit or the State General Construction Permit and the terms and requirements of
either or both. In the event the U.S. Environmental Protection Agency revokes the in-
lieu permitting authority of the State Water Resources Control Board, then the term
State General Permit shall also refer to any EPA administered storm water control
program for industrial and construction activities.
(w) M "Storm Water Drainage System" shall mean street gutter, channel, storm
drain, constructed drain, lined diversion structure, wash area, inlet, outlet or other
facility, which is a part of or tributary to the Countywide storm water runoff system
and owned,operated, maintained or controlled by County of Orange, the Orange
County Flood Control District or any Co-permittee city, and used for the purpose of
collecting, storing, transporting, or disposing of storm water. (3364-8/97)
14.25.030 Prohibition on illicit connections and prohibited discharges.
(a) No Person shall:
(1) Construct, maintain, operate and/or utilize any Illicit Connection.
(2) Cause, allow or facilitate any Prohibited Discharge.
(3) Act, cause, permit or suffer any agent, employee, or independent contractor, to
construct, maintain, operate or utilize any Illicit Connection, or cause, allow or
facilitate any Prohibited Discharge.
(b) The prohibition against Illicit Connections shall apply irrespective of whether the Illicit
Connection was established prior to the date of enactment of this ordinance; however,
Legal Nonconforming Connections shall not become Illicit Connections until the
earlier of the following:
(1) For all structural improvements to property installed for the purpose of Discharge
to the Storm Water Conveyance System,the expiration of five (5)years from the
adoption of this ordinance.
(2) For all nonstructural improvements to property existing for the purpose of
Discharge to the Storm Water Conveyance System, the expiration of six (6)
months following delivery of a notice to the owner or occupant of the property,
which states a Legal Nonconforming Connection has been identified. The notice
of a Legal Nonconforming Connection shall state the date of expiration of use
under this ordinance.
IegisdraR/mc 1425LD/10/2/03 6
(c) A civil or administrative violation of Section 14.25.030 shall occur irrespective of the
negligence or intent of the violator to construct, maintain, operate or utilize an Illicit
Connection or to cause, allow or facilitate any Prohibited Discharge.
(d) If an Authorized Inspector reasonably determines that a Discharge, which is otherwise
within the Discharge Exception, may adversely affect the beneficial uses of receiving
waters, then the Authorized Inspector may give written notice to the owner of the
property or facility that the Discharge Exception shall not apply to the subject
Discharge following expiration of the thirty(30) day period commencing upon delivery
of the notice. Upon expiration of the thirty(30) day period, any such Discharge shall
constitute a violation of Section 14.25.030.
(e) The owner or occupant of property on which a Legal Nonconforming Connection
exists may request an administrative hearing, pursuant to the procedures set forth in
Section 14.25.060 for an extension of the period allowed for continued use of the
connection. A reasonable extension of use may be authorized by the Director of Public
Works or City Engineer, upon consideration of the following factors:
(1) The potential adverse effects of the continued use of the connection upon the
beneficial uses of receiving waters;
(2) The economic investment of the discharger in the Legal Nonconforming
Connection; and
(3) The financial effect upon the discharger of a termination of the Legal
Nonconforming Connection. (3364-8/97)
14.25.040 New Development and Significant Redevelopment.
(a) All New Development and Significant Redevelopment shall be undertaken in
accordance with:
(1) The DAMP, including but not limited to the Development Project Guidance; and
(2) Any conditions and requirements established by the Community Development
Department and/or the Public Works Department, which are reasonably related to
the reduction or elimination of Pollutants in storm water runoff from the project
site.
(b) Prior to the issuance of a grading permit, building permit or Nonresidential Plumbing
Permit for any New Development or Significant Redevelopment, the Community
Development Department and/or Public Works Department shall review the project
plans and impose terms, conditions and requirements on the project in accordance with
Section 14.25.040. If the New Development or Significant Redevelopment will be
approved without application for a grading permit, building permit or Nonresidential
Plumbing Permit, the Community Development Department and/or the Public Works
Department shall review the project plans and impose terms, conditions and
requirements on the project in accordance with Section 14.25.040 prior to the issuance
of a discretionary land use approval or, at the city's discretion, prior to recordation of a
subdivision map.
(c) Notwithstanding the foregoing Section 14.25.040, compliance with the Development
Project Guidance shall not be required for construction of a(one) single family
detached residence unless the Community Development Department and/or Public
legisdraft/mc 1425 LD/10/2/03 7
Works Department determines that the construction may result in the Discharge of
significant levels of a Pollutant into a tributary to the Storm Water Drainage System.
(d) Compliance with the conditions and requirements of the DAMP shall not exempt any
Person from the requirement to independently comply with each provision of this
ordinance.
(e) If the Community Development Department and/or Public Works Department
determines that the project will have a de minimis impact on the quality of storm water
runoff, then it may issue a written waiver of the requirement for compliance with the
provisions of the Development Project Guidance.
(f) The owner of a New Development or Significant Redevelopment project, or upon
transfer of the property, its successors and assigns, shall implement and adhere to the
terms, conditions and requirements imposed pursuant to Section 14.25.040 on a New
Development or Significant Redevelopment project.
(1) Each failure by the owner of the property or its successors or assigns to implement
and adhere to the terms, conditions and requirements imposed pursuant to Section
14.25.040 on a New Development or Significant Redevelopment project shall
constitute a violation of this ordinance.
(g) The Community Development Department and/or Public Works Department may
require that the terms, conditions and requirements imposed pursuant to Section
14.25.040 be recorded with the County Recorder's office by the property owner. The
signature of the owner of the property or any successive owner shall be sufficient for
the recording of these terms, conditions and requirements and a signature on behalf of
the city shall not be required for recordation.
(h) Cost Recovery.
The City shall be reimbursed by the project applicant for all costs and expenses
incurred by the planning agency, Community Development Department and/or Public
Works Department in the review of New Development or Significant Development
projects for compliance with the DAMP. The Community Development Department
and/or Public Works Department may elect to require a deposit of estimated costs and
expenses, and the actual costs and expenses shall be deducted from the deposit, and the
balance, if any, refunded to the project applicant.
(i) Litter Control.
No Person shall discard any waste material, including but not limited to common
household rubbish or garbage of any kind (whether generated or accumulated at a
residence, business or other location) upon any public or private property, whether
occupied, open or vacant, including but not limited to any street, sidewalk, alley, right-
of-way, open area or point of entry to the Storm Water Drainage System.
Every Person occupying or having charge and control of property on which a
prohibited disposal of waste materials occurs shall cause the proper collection and
disposal of same.
A prohibited disposal of waste materials creates a danger to public health, safety and
welfare, and otherwise threatens the environment, surface waters and groundwater;
therefore, any owner or occupant of property who fails to remove waste material within
a reasonable time may be charged with creating a nuisance upon the property.
legisdraft/mc I 425LD/1 0/2/03 8
No Person shall discard any waste material, including but not limited to common
household rubbish or garbage of any kind (whether generated or accumulated at a
residence, business or other location)upon any public property,whether occupied,
open or vacant, including but not limited to any street, sidewalk, alley, right-of-way,
open area or point of entry to the Storm Water Drainage System. (3364-8/97)
14.25.050 Scope of Inspections.
(a) Right to Inspect. Prior to commencing any inspection as hereinbelow authorized,the
Authorized Inspector shall obtain either the consent of the owner or occupant of the
property or shall obtain an administrative inspection warrant or criminal search
warrant.
(b) Entry to Inspect. The Authorized Inspector may enter property to investigate the
source of any Discharge to any public street, inlet, gutter, storm drain or the Storm
Water Drainage System located within the jurisdiction of the city.
(c) Compliance Assessments. The Authorized Inspector may inspect property for the
purpose of verifying compliance with this ordinance, including but not limited to:
(1) Identifying products produced,processes conducted, chemicals used and materials
stored on or contained within the property,
(2) Identifying point(s) of discharge of all wastewater, process water systems and
Pollutants,
(3) Investigating the natural slope at the location, including drainage patterns and
man-made conveyance systems,
(4) Establishing the location of all points of discharge from the property, whether by
surface runoff or through a storm drain system,
(5) Locating any Illicit Connection or the source of Prohibited Discharge,
(6) Evaluating compliance with any permit issued pursuant to Section 14.25.070
hereof, and
(7) Investigating the condition of any Legal Nonconforming Connection.
(d) Portable Equipment. For purposes of verifying compliance with this ordinance, the
Authorized Inspector may inspect any vehicle, truck, trailer,tank truck or other mobile
equipment.
(e) Records Review. The Authorized Inspector may inspect all records of the owner or
occupant of property relating to chemicals or processes presently or previously
occurring on-site, including material and/or chemical inventories, facilities maps or
schematics and diagrams, Material Safety Data Sheets, hazardous waste manifests,
business plans, pollution prevention plans, State General Permits, Storm Water
Pollution Prevention Plans, Monitoring Program Plans and any other record(s) relating
to Illicit Connections, Prohibited Discharges, a Legal Nonconforming Connection or
any other source of contribution or potential contribution of Pollutants to the Storm
Water Drainage System.
legisdraft/mc 1425 LD/10/2/03 9
(f) Sample and Test. The Authorized Inspector may inspect, sample and test any area
runoff, soils area(including groundwater testing), process discharge, materials within
any waste storage area(including any container contents), and/or treatment system
Discharge for the purpose of determining the potential for contribution of pollutants to
the Storm Water Drainage System. The Authorized Inspector may investigate the
integrity of all storm drain and sanitary sewer systems, any Legal Nonconforming
Connection or other pipelines on the property using appropriate tests, including but
not limited to smoke and dye-tests orMdeo surveys. The Authorized Inspector_may
take photographs or video tape, make,measurements or drawings, and create any other
record reasonably necessary to document conditions on the property.
(g) Monitoring. The Authorized Inspector may erect and maintain monitoring devices for
the purpose of measuring any-Discharge or potential source of Discharge to the Storm
Water Drainage System.
(h) Test Results. The owner or occupant of property subject to inspection shall, on
submission of a written request, receive copies of all monitoring and test results
conducted by the Authorized Inspector. (3364-8/97)
14.25.060 Enforcement.
(a) Administrative Remedies.
(1) Notice of Noncompliance. The Authorized Inspector may deliver to the owner or
occupant of any property, or to any Person responsible for an Illicit Connection
or Prohibited Discharge a Notice of Noncompliance. The Notice of
Noncompliance shall be delivered in accordance with Section 14.25.060 of this
ordinance.
(a) The Notice of Noncompliance shall identify the provision(s) of this ordinance
or the applicable permit which has been violated. The Notice of
Noncompliance shall state that continued noncompliance may result in
additional enforcement actions against the owner, occupant and/or Person.
(b) The Notice of Noncompliance shall state a compliance date that must be met
by the owner, occupant and/or Person; provided, however, that the
compliance date may not exceed ninety(90) days unless the Authorized
Inspector extends the compliance deadline an additional ninety(90) days
where good cause exists for the extension.
(2) Administrative Compliance Orders.
(a) The Authorized Inspector may issue an Administrative Compliance Order.
The Administrative Compliance Order shall be delivered in accordance with
Section 14.25.060 of this ordinance. The Administrative Compliance Order
may be issued to:
(i) The owner or occupant of any property requiring abatement of
conditions on the property that cause or may cause a Prohibited
Discharge or an Illicit Connection in violation of this ordinance;
(ii) The owner of property subject to terms, conditions or requirements
imposed on a project in accordance with Section 14.25.040 to ensure
adherence to those terms, conditions and requirements.
legisdraft/mc 1425 LD/10/2/03 10
(iii) A Permittee subject to the requirements of any permit issued pursuant to
Section 14.25.070 hereof to ensure.compliance with the terms,
conditions and requirements of the permit.
(iv) Any Person responsible for an Illicit Connection or Prohibited
Discharge.
(b) The Administrative Compliance Order may include the-following terms and
requirements:
(i) Specific steps and time schedules for compliance as reasonably
necessary to prevent the imminent threat of a Prohibited Discharge,
including but not limited to a Prohibited Discharge from any pond, pit,
well, surface impoundment,holding or storage area;
(ii) Specific steps and time schedules for compliance as reasonably
necessary to discontinue any Illicit Connection;
(iii) Specific requirements for containment, cleanup, removal, storage,
installation of overhead covering, or proper disposal of any Pollutant
having the potential to contact storm water runoff,
(iv) Any other terms or requirements reasonably calculated to prevent the
imminent threat of or continuing violations of this ordinance, including,
but not limited to requirements for compliance with best management
practices guidance documents promulgated by any federal, State of
California or regional agency;
(v) Any other terms or requirements reasonably calculated to achieve full
compliance with the terms, conditions and requirements of any permit
issued pursuant hereto.
(3) Cease and Desist Orders.
(a) The Authorized Inspector may issue a Cease and Desist Order. A Cease and
Desist Order shall be delivered in accordance with Section 14.25.060 of this
ordinance. A Cease and Desist Order may direct the owner or occupant of
any property and/or other Person responsible for a violation of this ordinance
to:
(i) Immediately discontinue any Illicit Connection or Prohibited Discharge
to the Storm Water Drainage System;
(ii) Immediately contain or divert any flow of water off the property, where
the flow is occurring in violation of any provision of this ordinance;
(iii) Immediately discontinue any other violation of this ordinance;
(iv) Clean up the area affected by the violation.
(b) The Authorized Inspector may direct by Cease and Desist Order that the
owner of any property or any Permittee under any permit issued pursuant to
Section VIII hereof-
legisdrafl/mc 1425LD/10/2/03 11
(i) Immediately cease any activity not in compliance with the terms,
conditions and requirements of the applicable permit.
(4) Recovery of Costs. The Authorized Inspector may deliver to the owner or
occupant of any property, any Permittee or any other Person who becomes
subject to a notice of noncompliance or administrative order, an Invoice for
Costs. An Invoice for Costs shall be delivered in accordance with Section
14.25.060 of this ordinance. An Invoice for Costs shall be immediately.due and
payable to the city for the actual costs incurred by the City in issuing and
enforcing any notice or order.
(a) If any owner or occupant, Permittee or any other Person subject to an invoice
for costs fails to either pay the Invoice for Costs or appeal successfully the
Invoice for Costs in accordance with Section 14.25.060,.then the City
Attorney may institute collection proceedings.
(5) Delivery of Notice. Any Notice of Noncompliance, Administrative Compliance
Order, Cease and Desist Order or Invoice of Costs to be delivered pursuant to the
requirements of this ordinance shall be subject to the following:
(a) The notice shall state that the recipient has a right to appeal the matter as set
forth in Section 14.25.060 of this ordinance.
(b) Delivery shall be deemed complete upon (i)personal service to the recipient;
(ii) deposit in the U.S. mail,postage pre-paid for first class delivery; or(iii)
facsimile service with confirmation of receipt.
(c) Where the recipient of notice is the owner of the property,the address for
notice shall be the address from the most recently issued equalized
assessment roll for the property or as otherwise appears in the current records
of the city.
(d) Where the owner or occupant of any property cannot be located after the
reasonable efforts of the Authorized Inspector, a Notice of Noncompliance or
Cease and Desist Order shall be deemed delivered after posting on the
property for a period of ten (10) business days.
(6) Administrative Hearing for Notices of Noncompliance, Administrative
Compliance Orders, Invoices for Costs and Adverse Determinations. Except as
set forth in Paragraph 8, any Person receiving a Notice of Noncompliance,
Administrative Compliance Order, a notice of Legal Nonconforming Connection,
an Invoice for Costs, or any Person who is subject to any adverse determination
made pursuant to this ordinance, may appeal the matter by requesting an
administrative hearing. Notwithstanding the foregoing, these administrative
appeal procedures shall not apply to criminal proceedings initiated to enforce this
ordinance.
(7) Request for Administrative Hearing. Any person appealing a Notice of
Noncompliance, an Administrative Compliance Order, a notice of Legal
Nonconforming Connection, an Invoice for Costs or an adverse determination
shall, within thirty (30) days of receipt thereof, file a written request for arf
administrative hearing, accompanied by an administrative hearing fee as
established by separate resolution, with the Office of the City Clerk, with a copy
of the request for administrative hearing mailed on the date of filing to the City
Administrator. Thereafter, a hearing on the matter shall be held before the
legisdraft/mc 1425LD/10/2/03 12
Hearing Officer within forty-five (45) business days of the date of filing of the
written request unless, at the reasonable discretion of the Hearing Officer and
pursuant to a written request by the appealing party, a continuance of the hearing
is granted.
(8) Administrative Hearing for Cease and Desist Orders and Emergency Abatement
Actions. An administrative hearing on the issuance of a Cease and Desist Order
or following an emergency abatement action shall be held within five (5)
business days following the issuance of the order or the action of abatement,
unless the hearing (or the time requirement for the hearing) is waived in writing
by the party subject to the Cease and Desist Order or the emergency abatement.
A request for an administrative hearing shall not be required from the Person
subject to the Cease and Desist Order or the emergency abatement action.
(9) Hearing Proceedings. The Authorized Inspector shall appear in-support of the
notice, order, determination, Invoice for Costs or emergency abatement action,
and the appealing party shall appear in support of withdrawal of the notice, order,
determination, Invoice for Costs, or in opposition to the emergency abatement
action. The City shall have the burden of supporting any enforcement or other
action by a preponderance of the evidence. Each party shall have the right to
present testimony and other documentary evidence as necessary for explanation
of the case.
(10) Final Decision and Appeal. The final decision of the Hearing Officer shall be
issued within ten (10) business days of the conclusion of the hearing and shall be
delivered by first-class mail, postage prepaid, to the appealing party. The final
decision shall include notice that any legal challenge to the final decision shall be
made pursuant to the provisions of Code of Civil Procedure §§1094.5 and 1094.6
and shall be commenced within ninety(90) days following issuance of the final
decision. (The administrative hearing fee paid by a prevailing party in an appeal
shall be refunded.)
(a) Notwithstanding this Section 10,the final decision of the Hearing Officer in
any preceding determining the validity of a Cease and Desist Order or
following an emergency abatement action shall be mailed within five (5)
business days following the conclusion of the hearing.
(11) City Abatement. In the event the owner of property, the operator of a facility, a
Permittee or any other Person fails to comply with any provision of a compliance
schedule issued to such owner, operator, Permittee or Person pursuant to this
ordinance, the Authorized Inspector may request the City Attorney to obtain an
abatement warrant or other appropriate judicial authorization to enter the
property, abate the condition and restore the area. Any costs incurred by the city
in obtaining and carrying out an abatement warrant or other judicial authorization
may be recovered pursuant to Section 14.25.060.
(b) Nuisance.
Any condition in violation of the prohibitions of this ordinance, including but not
limited to the maintenance or use of any Illicit Connection or the occurrence of any
Prohibited Discharge, shall constitute a threat to the public health, safety and welfare,
and is declared and deemed a nuisance pursuant to Government Code §38771.
(1) Court Order to Enjoin or Abatement. At the request of the Administrator, the
City Attorney may seek a court order to enjoin and/or abate the nuisance.
1 legisdraft/mc 1425 LD/10/2/03 3
(2) Notice to Owner and Occupant. Prior to seeking any court order to enjoin or
abate a nuisance or threatened nuisance,the Authorized Inspector shall provide
notice of the proposed injunction or abatement to the owner and occupant, if any,
of the property where the nuisance or threatened nuisance is occurring.
(3) Emergency Abatement. In the event the nuisance constitutes an imminent danger to
public safety or the environment, the Authorized Inspector may enter-the property from
which the nuisance emanates, abate the nuisance and restore any property affected by the
nuisance. To the extent reasonably practicable, informal notice shall be provided to the
owner or occupant prior to abatement. If necessary to protect the public safety or the
environment, abatement may proceed without prior notice to or consent from the owner or
occupant thereof and without judicial warrant.
(a) An imminent danger shall include, but is not limited to, exigent
circumstances created by the dispersal of Pollutants, where the same presents
a significant and immediate threat to the public safety or the environment.
(b) Notwithstanding the authority of the city to conduct an emergency abatement
action, an administrative hearing pursuant to Section 14.25.060 hereinabove
shall follow the abatement action.
(4) Reimbursement of Costs. All costs incurred by the city in responding to any
nuisance, all administrative expenses and all other expenses recoverable under
State law, shall be recoverable from the Person(s) creating, causing, committing,
permitting or maintaining the nuisance.
(5) Nuisance Lien. All costs shall become alien against the property from which the
nuisance emanated and a personal obligation against the owner thereof in
accordance with Government Code §38773.1 and §38773.5. The owner of
record of the property subject to any lien shall be given notice of the lien prior to
recording as required by Government Code §38773.1.
(a) At the direction of the Authorized Inspector, the City Attorney is authorized
to collect nuisance abatement costs or enforce a nuisance lien in an action
brought for a money judgment or by delivery to the County Assessor of a
special assessment against the property in accord with the conditions and
requirements of Government Code §38773.5.
(c) Criminal Sanctions.
(1) Prosecutor. The City Attorney may act on the request of the Authorized
Inspector to pursue enforcement actions in accordance with the provisions of this
ordinance.
(2) Infractions. Notwithstanding any penalty ordinance in the Code,
aAny Person who may otherwise be charged with a misdemeanor under this
ordinance may be charged, at the discretion of the City Attorney, with an
infraction punishable by a fine of not more than $100 for a first violation, $200
for a second violation, and a fine not exceeding $500 for each additional
violation occurring within one year.
(3) Misdemeanors. Any Person who negligently or knowingly violates any provision
of this ordinance, undertakes to conceal any violation of this ordinance, continues
any violation of this ordinance after notice thereof, or violates the terms,
legisdraft/mc 1425 LD/10/2/03 14
conditions and requirements of any permit issued pursuant to this ordinance,
shall be guilty of a misdemeanor punishable by a fine of not more than $1,000 or
by imprisonment for a period of not more than six (6) months, or both.
(4) Administrative Citations.
(d) Consecutive Violations.
Each day in which a violation occurs and each separate failure to comply with either a
separate provision of this ordinance an Administrative Compliance Order, a Cease and
Desist Order or a permit issued pursuant to this ordinance, shall constitute a separate
violation of this ordinance punishable by fines or sentences issued in accordance
herewith.
(e) Nonexclusive Remedies.
Each and every remedy available for the enforcement of this ordinance, shall be
nonexclusive and it is within the discretion of the Authorized Inspector or City
Attorney to seek cumulative remedies, except that multiple monetary fines or penalties
shall not be available for any single violation of this ordinance.
(f) Citations.
Pursuant to Penal Code §836.5, the Authorized Inspector shall have the authority to
cause the arrest of any Person committing a violation of this ordinance. The Person
shall be released and issued a citation to appear before a magistrate in accordance with
Penal Code §853.5, §853.6, and §853.9, unless the Person demands to be taken before
a magistrate. Following issuance of any citation the Authorized Inspector shall refer
the matter to the City Attorney.
Each citation to appear shall state the name and address of the violator, the provisions
of this ordinance violated, and the time and place of appearance before the court,
which shall be at least ten(10) business days after the date of violation. The Person
cited shall sign the citation giving his or her written promise to appear as stated therein.
If the Person cited fails to appear,the City Attorney may request issuance of a warrant
for the arrest of the Person cited.
(g) Violations of Other Laws.
Any Person acting in violation of this ordinance also may be acting in violation of the
Federal Clean Water Act or the State Porter-Cologne Act and other laws and also may
be subject to sanctions including civil liability. Accordingly, the City Attorney is
authorized to file a citizen suit pursuant to Federal Clean Water Act §505(a), seeking
penalties, damages, and orders compelling compliance and other appropriate relief.
The City Attorney may notify EPA Region IX, the Santa Ana or San Diego Regional
Water Quality Control Boards, or any other appropriate state or local agency, of any
alleged violation of this ordinance.
(h) Injunctions.
At the request of the Authorized Inspector, the City Attorney may cause the filing in a
court of competent jurisdiction of a civil action seeking an injunction against any
threatened or continuing noncompliance with the provisions of this ordinance.
legisdraR/mc 1425LD/10/2/03 15
(1) Order for Reimbursement. Any temporary, preliminary or permanent injunction
issued pursuant hereto may include an order for reimbursement to the city of all
costs incurred in enforcing this ordinance, including costs of inspection,
investigation and monitoring, the costs of abatement undertaken at the expense of
the city, costs relating to restoration of the environment and all other expenses as
authorized by law.
(i) Other Civil Remedies.
(1) The Authorized Inspector may cause the City Attorney to file an action for civil
damages in a court of competent jurisdiction seeking recovery of(a) all costs
incurred in enforcement of the ordinance, including but not limited to costs
relating to investigation, sampling, monitoring, inspection, administrative
expenses, all other expenses as authorized by law, and consequential damages,
(b) all costs incurred in mitigating harm to the environment or reducing the threat
to human health, and (c) damages for irreparable harm to the environment.
(2) The City Attorney is authorized to file actions for civil damages resulting from
any trespass or nuisance occurring on public land or to the Storm Water Drainage
System from any violation of this ordinance where the same has caused damage,
contamination or harm to the environment, public property or the Storm Water
Drainage System.
(3) The remedies available to the city pursuant to the provisions of this ordinance
shall not limit the right of the city to seek any other remedy that may be available
bylaw. (3364-8/97)
14.25.070 Discharge Permit Procedure.
(a) Permit. On application of the owner of property or the operator of any facility, which
property or facility is not otherwise subject to the requirements of a State General
Permit or a National Pollution Discharge Elimination System Permit regulating storm
water discharges, the Director of Public Works may issue a permit authorizing the
release of non-storm water Discharges to the Storm Water Drainage System if:
(1) The Discharge of material or constituents is reasonably necessary for the conduct
of otherwise legal activities on the property; and
(2) The Discharge will not cause a nuisance, impair the beneficial uses of receiving
waters, or cause any reduction in established water quality standards.
(b) Application. The applicant shall provide all information requested by the Director of
Public Works for review and consideration of the application, including but not limited
to specific detail as to the activities to be conducted on the property, plans and
specifications for facilities located on the property, identification of equipment or
processes to be used on-site and other information as may be requested in order to
determine the constituents, and quantities thereof, which may be discharged if
permission is granted.
(c) Permit Issuance. The permit shall be granted or denied by the Director of Public
Works, or his/her designated representative, no later than sixty (60) business days.
following the completion and acceptance of the application as determined by the
Director of Public Works.
legisdraft/mc 1425LD/10/2/03 16
(1) The applicant shall be notified in person or by first-class mail, postage prepaid,
of the action taken.
(d) Permit Conditions. The permit may include terms, conditions and requirements to
ensure compliance with the objectives of this ordinance and as necessary to protect the
receiving waters, including but not limited to:
(1) Identification of the Discharge location on the property and the location at which
the Discharge will enter the Storm Water Drainage System;
(2) Identification of the constituents and quantities thereof to be discharged into the
Storm Water Drainage System;
(3) Specification of pollution prevention techniques and structural or nonstructural
control requirements as reasonably necessary to prevent the occurrence of
potential Discharges in violation of this ordinance;
(4) Requirements for self-monitoring of any Discharge;
(5) Requirements for submission of documents or data, such as technical reports,
production data, Discharge reports, self-monitoring reports and waste manifests;
and
(6) Other terms and conditions appropriate to ensure compliance with the provisions
of this ordinance and the protection of receiving waters, including requirements
for compliance with best management practices guidance documents approved
by any federal, State of California or regional agency.
(e) General Permit. At the discretion of the Director of Public Works, the permit may, in
accordance with the conditions identified in Section 14.25.070 hereinabove, be
prepared as a general permit applicable to a specific category of activities. If a general
permit is issued, any Person intending to Discharge within the scope of the
authorization provided by the general permit may do so by filing an application to
Discharge with the Director of Public Works. No Discharge within the scope of the
general permit shall occur until such application is so filed.
(1) Notwithstanding the foregoing in this subsection (e), the Director of Public
Works, at his discretion, may eliminate the requirement that an application for a
general permit be filed for any specific activity for which a general permit has
been issued.
(f) Permit Fees. The permission to Discharge shall be conditioned upon the applicant's
payment of the city's costs, in accordance with a fee schedule adopted by separate
resolution, as follows:
(1) For individually issued permits, the costs of reviewing the permit application,
preparing and issuing the permit, and the costs reasonably related to
administrating this permit program.
(2) For general permits, the costs of reviewing the permit application, that portion of
the costs of preparing the general permit which is reasonably attributable to the
Permittee's application for the general permit, and the costs reasonably related to
administering the general permit program. (3364-8/97)
14.25.080 Permit Suspension, Revocation or Modification.
legisdraft/mc 1425 LD/10/2/03 17
(a) The Director of Public Works may suspend or revoke any permit when it is determined
that:
(1) The Permittee has violated any term,condition or requirement of the permit or
any applicable provision of this ordinance; or
(2) The Permittee's Discharge or the circumstances under which the Discharge
occurs have changed so that it is no longer appropriate to except the Discharge
from the prohibitions on Prohibited Discharge contained within this ordinance;
or
(3) The Permittee fails to comply with any schedule for compliance issued pursuant
to this ordinance; or
(4) Any regulatory agency, including EPA or a Regional Water Quality Control
Board having jurisdiction over the Discharge, notifies the city that the Discharge
should be terminated.
(b) The Director of Public Works may modify any permit when it is determined that:
(1) Federal or state law requirements have changed in a manner that necessitates a
change in the permit; or
(2) The Permittee's Discharge or the circumstances under which the Discharge
occurs have changed so that it is appropriate to modify the permit's terms,
conditions or requirements; or
(3) A change to the permit is necessary to ensure compliance with the objectives of
this ordinance or to protect the quality of receiving waters.
The Permittee, or, in the case of a general permit, each Person who has filed an
application pursuant to Section 14.25.070, shall be informed of any change in the
permit terms and conditions at least forty-five (45)business days prior to the effective
date of the modified permit.
(c) The determination that a permit shall be denied, suspended, revoked or modified may
be appealed by a Permittee pursuant to the same procedures applicable to appeal of an
Administrative Compliance Order hereunder. In the absence of a judicial order to the
contrary, the Permittee may continue to Discharge pending issuance of the final
administrative decision by the Hearing Officer.
(d) Permit Enforcement.
(1) Penalties. Any violation of the terms, conditions and requirements of any permit
issued by the Director of Public Works shall constitute a violation of this
ordinance and subject the violator to the administrative, civil and criminal
remedies available under this ordinance.
(2) Compliance with the terms, conditions and requirements of a permit issued
pursuant to this ordinance shall not relieve the Permittee from compliance with
all federal, state and local laws, regulations and permit requirements applicable to
the activity for which the permit is issued.
legisdraft/mc 1425 LD/10/2/03 18
(a) Limited Permittee Rights. Permits issued under this ordinance are for the
Person or entity identified therein as the "Permittee" only, and authorize the
specific operation at the specific location identified in the permit. The
issuance of a Permit does not vest the Permittee with a continuing right to
Discharge.
(b) Transfer of Permits. No permit issued to any Person may be transferred to
allow:
(i) A Discharge to the Storm Water Drainage System at a location other
than the location stated in the original permit; or
(ii) A Discharge by a Person other than the Person named in the permit,
provided, however,that the city may approve a transfer if written
approval is obtained, in advance, from the Director of Public Works.
(3364-8/97)
14.25.090 Interagency Cooperation.
(a) The city intends to cooperate with other agencies with jurisdiction over storm water
discharges to ensure that the regulatory purposes underlying storm water regulations
promulgated pursuant to the Clean Water Act (33 USC §1251 et seq.) are met.
(b) The city may, to the extent authorized by law, elect to contract for the services of any
public agency or private enterprise to carry out the planning approvals, inspections,
permits and enforcement authorized by this ordinance. (3364-8/97)
14.25.100 Miscellaneous.
(a) Compliance Disclaimer.
Full compliance by any Person or entity with the provisions of this ordinance shall not
preclude the need to comply with other local, state or federal statutory or regulatory
requirements, which may be required for the control of the Discharge of Pollutants into
storm water and/or the protection of storm water quality.
(b) Severability.
If any provision of this ordinance or the application of the ordinance to any
circumstance is held invalid,the remainder of the ordinance or the application of the
ordinance to other Persons or circumstances shall not be affected.
(c) Repeal of Prior Ordinance.
The enactment of this ordinance by city shall repeal the provisions of County Ordinance
No. 703, enacted for the permitting of Discharges of industrial waste to ground or surface
waters and no new Discharge permits shall be issued thereunder; provided, however, that
connection to Discharge under the terms and conditions of any individual Discharge permit
issued prior to the date of enactment of the Water Quality ordinance shall be allowed
hereunder as a Legal Nonconforming Connection. (3364-8/97)
14.25.110 Judicial Review
The provisions of§1094.5 and §1094.6 of the Code of Civil Procedure set forth the
procedure for judicial review of any act taken pursuant to this ordinance. Parties seeking
legisdraft/mc 1425 LD/10/2/03 19
judicial review of any action taken pursuant to this ordinance shall file such action within
ninety(90) days of the occurrence of the event for which review is sought. (3364-8/97)
legisdraft/mc 1425LD/10/2/03 20
ATTACHMENT #2
ORDINANCE NO.
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 fellows:
17.05.030 Grading Manual. The Director of Public Works("Director")shall formulate and
modify as necessary such rules,procedures,and interpretations as maybe 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 govern. 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 pemrit by the Director,be binding on the pemmittee.
SECTION 3. Section 17.05.040 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.05.040 Definitions.
(a) AWro"val,unless otherwise specified,shall mean a written engineering or geological opimont-
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 a ency 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) City Engineer shall mean the City Engineer of the City of Huntington Beach or a duly
delegated representative.
03ord/chap 17-05/10/2/03 1
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 irk 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 grubbing 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).
�) 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 Departtnent or
a duly delegated representative.
(m)Earth Material shall meaii any rock,natural soil f ll,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 grade 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.
03ord/chap 17-05/10/2/03 2
Ord. No. 3621
(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 development;they include terrace drains,down drains,slope landscaping,channels,and
storm drains.
(bb)Precise grading pemut 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)Rough wadingpermit 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 drainage patterns to the 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
(if) SloM 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 Engineer shall mean a civil engineer currently registered in the State of California whose
field of expertise is soil mechanics.
(H) 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.
03ord/chap 17-05/102/03 3
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 from any project subject to this article including but not
limited to NPDES permits and state general pemuts as defined in Chapter 14.25.
(ll) 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 fencing,straw bales,and
similar items.
(nun) Terrace shall mean a relatively level step constructed in the face of a graded slope surface
for drainage and maintenance purposes.
(m)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 C 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
permits.
SECTION 4. Section 17.05.050 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.05.050 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 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.
03ord/chap 17-05/102/03 4
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 Tgmporar gockpile permit.
(a) The City may issue a temporary stockpile pemut,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.
r
Stockpiling in residential zones for purposes of selling of material shall be prohibited
(c) The temporary permit shall expire one(1)year after issuance thereof. A new permit shall be
required annually-
(d) 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 grading pemuts. 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
03ord/chap 17-05/10/2/03 5
Ord.No.3621
approval by the Director.The rough or precise grading permit is the option of the pemuttee 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 geology 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 pemuttee 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
03ord/chap 17-05/I0R/03 6
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 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"
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.17.05.240.
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 uirement 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 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 coffin fi-ee
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.
03ord/chap 17-05/10/2/03 7
Ord. No. 3621
(f j 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) Desiltmg basins shall be constructed around the perimeter of proj ects 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 pemmittee 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€ourity 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.
03ord/chap 17-05/10/2/03 8
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
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. (32%1I94)
(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 gem ogy
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
03ord/chap 17-05/10l2/03 9
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-IFA
(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.(3 %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 b 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 plaus 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 rep ised 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 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.
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 of the 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.
03ord/chap 17-05/10/2/03 10
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.
��arhd�ca�
Mayor
ATTEST: APPROVED AS TO FORM:
(zuK/
City Clerk Wo3 City Attorney
REVIEWED AND APPROVED: INITIA AND APPROVE
City Ad inistrator 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 regular 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,CrrY CLERK of the City of
Huntington Beach and ex-0fficio 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 C
.2003.
In accordance with the City Charter of said City
Connie Brockway,City Clerk City Clerk and ex-officio Clerk
�Ls w+.•.•.,� DeAuty City Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO.
LEGISLATIVE DRAFT
CHAPTER 17.05
GRADING AND EXCAVATION CODE
(3259-11/94)
Sections:
17.05.010 Title
17.05.020 Scope
17.05.030 Grading Manual
17.05.040 Definitions
17.05.050 Grading pemuts
17.05.060 Grading permit,paving
17.05.070 Grading permit,watercourse alteration
17.05.075 Grading permit,construction
17.05.080 Temporary stockpile permit
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 pemuttee
17.05.200 Protection of adjoining property
17.05.210 Import and export of earth material
17.05.220 Grading plan check fees
17.05.230 Grading permit fees
17.05.240 Cost recovery fees
17.05.250 Security
17.05.260 Cuts
17.05.270 Fills
17.05.280 Setbacks
17.05.290 Drainage and terracing
17.05.300 Asphalt concrete pavement
17.05.310 Erosion control and water quality requirement systems
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 ofNon-Compliance
17.05.370 Transfer of responsibility 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 maybe 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 Code." (3259-1/94)
legisdrft/mc 1705-LD/10/1/03 1
17.05.020 Scone. This Code sets forth rules and regulations to control excavation,grading,and
earthwork aid-site 4iipfevem 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.. (325&1/94)
17.05.030 Grading Manual. The Director of Public Works("Director") 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 shall govem. The provisions of the said Gradin
Manual shall include provisions to assure that the water quality requirements o?this
Chapter apply to all such activities and,to the extent that they are made conditions of any
permit by the Director ef Publie.W lfs,be binding on the permittee(3259-1/94)
17.05.040 Definitions. (3259-1/94)
(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. (3259-1/94)
(b) Approved plans shall mean the current grading plans which bear the sigrrat�re of approval of the
,Director,Planning Director,and Fire Chief,or their
designees. (3259-1/94)
(c) Approved testing_agency shall riean 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 ef Publie Ale (3259-1/94)
(d) Borrow shall mean earth material acquired from an off-site location for use in grading on a site.
(3259-1/94)
(e) City Engineer shall mean the City Engineer of the City of Huntington Beach or a duly delegated
representative. (3259-1/94)
(t) CitYpector 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. (3259-1/94)
(g) Civil Engineer shall mean a professional engineer currently registered in the State of California to
practice in the field of civil engineering. (3259-1/94)
(h) Civil En ig neering 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. (3259-1/94)
(i) Clearin>;,brushing,and grubbing shall mean the removal of vegetation(grass,brush,tees,and similar
plant types)by mechanical means Trees to be removed must be accompanied by a City
approved arborist report and may require replacement(s). (3259-1/94)
(j) Compaction shall mean the densification of a fill by mechanical means. (3259-1/94)
IegisdrR/mc1705-LD/IO/I/03 2
(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. (3259-1/94)
(1) Director shall mean the Director of the City of Huntington Beach Public Works Department or a duly
delegated representative. (3259-1/94)
(m)Earth Material shall mean any rock,natural soil fill,or any combination thereof. (3259-1/94)
(n) Engineering leering Geologist shall mean a geologist certified in the State of California to practice
engineering geology. (3259-1/94)
(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.
(3259-1/94)
(p) Erosion shall mean the wearing away of the ground surface as a result of the movement of wind,or
water. (3259-1/94)
(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. (3259-1/94)
(r) Excavation shall mean the manual or mechanical removal of earth material. (3259-1/94)
(s) Fill shall mean a deposit of earth material placed by artificial means. (3259-1/94)
(t) Grade shall mean the vertical location of the ground surface.(3259-1/94)
(1) Natural grad is the ground surface unaltered by'artificial means. (3259-1/94)
(2) Existing grade is the ground surface prior to grading. (3259-1/94)
(3) Rough grad is the stage at which the grade approximately conforms to the approved plan.
(3259-1/94)
(4)Finished grade is the final grade of the site which conforms to the approved
plan.
(u) Grading shall mean any excavating or filling or combination thereof. (3259-1/94)
(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. (3259-1/94)
(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. (3259-1/94)
(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 Q%)or greater; and
which may be adversely affected by ramage and stability conditions within
or from outside the site,or which may cause and adverse effect on adjacent
property. (3259-1/94)
legisdrft/mc 170>-LD/10/1/03 3
(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.
(3259-1/94)
W Owner shall mean any person,agency,firm,or corporation having a legal or equitable interest in a
given real property. (3259-1/94)
(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.
(3259-1/94)
(bb)Precise Q�&gpemut 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. (3259-1/94)
(cc)Rougl�gpemut shall mean a permit that is issued on the basis of approved plans which need
do not show a structure location,but must show interim building pad site drainage
patterns to the degree required by the Director. (3259-1/94)
(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. (3259-1/94)
(ee)Site shall mean any lot or parcel of land or contiguous combination thereof,under the same
ownership,where grading is performed or permitted. (3259-1/94)
(ff) silo shall mean an ineline included ground surface,the inclination of which is expressed as a
ratio of horizontal distance to vertical distance er-pereentage. (3259-1/94) .
(gg) Soil is naturally occurring surficial deposits overlying bedrock.
(goh) Soil En ig Weer shall mean a civil engineer dtAy currently registered in the State of
California whose field of expertise is soil mechanics. (3259-1/94)
(ii)Soil En i�g 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. (3259-1/94)
Raj) SLockpile 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. (3259-1/94)
(kk) Stormwater Permits shall mean any permits issued by a local state or
federal regulatory agency regulating stormwater flow over and from any
project subject to this article including but not limited to NPDES permits and
state general permits as defined in Chapter 14.25.
( (11) 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),snit silt fencing,straw bales,and similar
items. (3259-1/94)
0(mm) Terrace shall mean a relatively level step constructed in the face of a graded slope surface for
drainage and maintenance purposes. (3259-1/94)
Iegisdrft/mcI705-LD/10/I/03 4
(nn) Water guality requirements shall mean the requirements relevant to
activities t at are su sect tot is Tiapter 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 permits.
17.05.050 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 deternuned by the Director:
(3259-1/94)
(a) An excavation below finished grade for basements and footings of a building,mobilehome,retaining
wall,or other structure authorized by a valid building pen-nit 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
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. (3259-1/94)
(b) Cemetery graves. (3259-1/94)
(c) Refuse disposal sites controlled by other regulations. (3259-1/94)
F,arthwork construction regulated by the.Federal,State,County;or City Governments,or by any local
agency as.defined by Government Code Section 153090 through 53095(special districts),pipeline or
conduit excavation and backfill conducted by local agencies or public utdities,_eardiwork.constuction .
performed by railway companies on their operating property. 4his exemption,however,shall apply
only when the earthwork co tstruction takes-place on the property,.dedicated rights-of-way,or
-easement,,,-of the above agencies. (3259-1/94)
(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. (3259-1/94)
(f) Mining,quarrying,excavating,processing,stockpiling of rock,sand,gavel,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. (3259-1/94)
(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. (3259-1/94)
(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). (3259-1/94)
(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 let and does not obstruct a
drainage course. (3259-1/94)
(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 let site and does not obstruct a drainage course.
(3259-1/94)
legisdrft/mc 1705-LD/10/1/03 5
17.05.060 Gradingpernut,paving. No person shall construct pavement surfacing in excess of three
thousand(3,000)square feet,on natural or existing grade without a valid grading permit unless waived by
the Director,or unless a separate improvement plan for such paving is approved by the Director.
Resurfacing or maintenance of paved surfaces shall be exempt from this requirement. (3259-1/sit)
17.05.070 Giadingpemiit,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. (3259-1/94)
17.05.075 Grading pemut,construction.--No person shall perform any construction,for which a building
permit is required,without a valid grading permit unless waived by the Director.The following building
categories shall be exempt from this requirement,provided that such construction does not alter an
existing watercourse,channel or revetment:roofing,block walls,swimming pools,patio covers,
driveways or on-site paving less than three thousand(3,000)square feet in area,patio enclosures less than
four hundred(400)square feet in area,and building additions less than four hundred(400)square feet in
area.(3259-1/94)
17.05.080 Temporary stockpile pemut. (3259-1/94)
(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 site stockpile-plan of the lot
prepared by a licensed civil engineer or as otherwise
approved by the Director hall 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. (3259-1/94)
(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. (3259-1/94)
(c) The temporary permit shall expire one(1)year after issuance thereof A new permit shall be required
annually. (3259-1/94)
(d) The permit fee for stockpiling shall be established by resolution of the City Council. (3259-1/94)
17.05.090 TXpes of grading permits. Either a rough grading permit or-a precise,grading pemuf maybe
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 pemuttee provided that
the plans satisfy the requirements of the Grading Manual. Building permits may be issued in aeeefd—Anee
(a) Building pefwAts may be issued fef a site gmded ffidef a Nelid pfeeise gm"g pem�t upon
by the eity hispeete'' .4tee-tQ4)
legisdrft/mcI705-LD/10/1/03 6
(b) Btilding 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.(3259-1/94)
17.05.100 Enforcement. Whenever any building or grading work is being done contrary to the provisions
of this Code or the Crading 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. (3259-1/94)
17.05.110 Violations and penalties. (3259-1/94)
(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 this code.
(3259-1/94)
(b) The issuance of a building permit performance 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. (3259-1/94)
(c) Any person,firm,or corporation violating any of the provisions of this Code shall 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 this 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 $500 or,by imprisonment for not more than six(6)months,or by both such
fine and imprisonment for each offense. (3259-1/94)
17.05.120 Hazardous conditions. (3259-1/94)
(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 to public safety,endangers or adversely affects the safety,usability or stability of
adjacent property,structures,or public or private facilities. (3259-1/94)
(b) Examination: The Director may examine or cause to be examined every condition reported as
hazardous asset forth in subsection(a)of this section. (3259-1/94) "
(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 the owners or a pe>mittee under any active
pen-nit 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 of evidence 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(s),it shall be
included in a subsequent notice. (3259-1/94)
(d) Evidence: At the time and place so specified for the hearing,evidence shall be submitted 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 the existence of a hazardous
condition to the satisfaction of the Hearing Officer. (3259-1194)
legisdrW=1705-LD/10/1/03 7
(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. (3259-1/94)
(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(5)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(5)days of
the mailing of the order to the last known address of said owner. (3259-1/94)
(2) Apt: 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. (3259-1/94)
(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 or submissions shall be completed
within the specified time. (3259-1/94)
(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 City Council within the specified time,the Director may;
(3259-1/94)
(1) cause the work to be performed or reports to be prepared or, (3259-1/94)
(2) advise the owner of the need for corrective work and wam him/her that in the absence of such
corrective work,subsequent future hazards may occur which could result in an order to vacate the
premises. (3259-1/94)
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. (3259-1/94)
(h) Costs: Costs incurred by the City 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. (3259-1/94)
(i) Vacation of property: If necessary,the notice and order in subsection(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. (3259-1/94)
(j) Notice: The Director shall cause the property to be posted at conspicuous locations with a notice
containing at least the following: (3259-1/94)
UNSAFE TO OCCUPY DO NOT ENTER
Director of Public Works
CITY OF HUNTINGTON BEACH
Date Posted
legisdrft/mc1705-LD/10/1/03 8
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 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.
(3259-1/94)
(k) Service of Notices: The notices and order required by subsections(c)and(e)of this section may be
served either: (3259-1/94)
(1) By mailing a copy by certified mail,return receipt requested,to the owner'.s address as designated
on papers,applications,.or permits on file with the City of Huntington Beach;or (3259-1/94)
(2) By personally delivering a copy to the owner's address as designated on papers,applications,or
permits on file with the City of Huntington Beach;or (3259-1/94)
(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
representative at his place of residence;or (3259-1/94)
(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. (3259"1/94).
17.05.130 Application for pemut. (32591�4)
(a) To obtain a grading permit,the applicant must first file an application in writing on a form famished
by the Director. The permit application shall be accompanied by information required by the Director
and as specified in the Grading Manual. (3259-1/94)
(b) Applications for which no permit is issued within 180 days following the date of application shall
expire by 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,showing 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 a new plan check fee.
(3259-1/94)
17.05.140 Plans and specifications. (3259-1/94)
(a) Each application for a grading permit shall be accompanied by plans and specifications,and
supporting data consisting of soil engineering and engineering geology reports when required by the
Director. (3259-1/94)
(b) Plans and specifications shall be prepared and signed by a Civil Engineer,unless otherwise approved
by the Director. (3259-1/94)
17.05.150 Soils and geology M . (3259-1/94)
(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
Iegisdrft/mc 1705-LD/10/I/03 9
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. (3259-1/94)
(b) Soils clean up must comply with Huntington Beach Fire Code Section 80.105(o 17.56.165 (CFC
§8001.5.2.5)and Fire Department Specification No.431-92-responsibility for mitigation
clean up of contaminated soil. (3259-1/94)
17.05.160 Issuance,expiration,and renewal. Every permit issued shall be valid for a period of two(2)
years from the date of issuance,except as specified in Subsection(a)and(b)below: (3259-1/94)
(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 not to exceed two(2)
successive periods of 180 days each,upon written request by the applicant showing that circumstances
beyond the control of the applicant have prevented action from being taken. (3259-1/94)
(b) A permit issued hereunder shall expire upon a 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)of this section is not applicable,and if no changes
have 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.
(3259-1/94)
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 pemuttee is unable to
complete the work by the end of a two(2)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. (3259-1/94)
17.05.170 Denial of pejn t. (3259-1/94)
(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. (3259-1/94)
(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. (3259-1/94)
(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. (3259-1/94)
(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,or conditions applicable to the project. The Grading Permit may be denied if the
legisdrft/mc 1705-LD/10/1/03 10
17.05.180 Time of grading operations. 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 determined that 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
to noise control. (3259-1/94)
17.05.190 Responsibility of permittee.' It shall be the responsibility of the permittee 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. (3259-1/94)
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 improvements as
provided by law. (3259-1/94)
17.05.210 Import and export of earth material.-Where an excess of 5,000 cubic yards of earth per project
• - site is moved on public roadways from or to the site of an,earth grading operation,all the following
requirements shall apply: (3259-1/94)
(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 perittee shall be responsible for maintaining public rights-of-way used for handling
purposes in a condition free of dust,earth or debris attributed to the grading operation. (3259-1/94)
(b) Loading and transportation of earth from or to the site must be accomplished within the limitations
established in Section 17.05.180,"Time of Grading Operations,"of this Grading Code. (3259-1/94)
(c) Access roads to the premises shall be only at points designated on the approved grading plan.
(3259-1/94)
(d) The last fifty(50)feet of the access road,as it approaches the intersection with the public roadway,
shall have a grade not to exceed three percent(3%)and be constructed of gravel or equivalent material
to prevent mud and debris from dropping from wheels onto street travel lanes.There must be 300 feet
clear,unobstructed sight distance to the intersection from both the public_roadway and the access road.
If the 300 feet sight distance cannot be obtained,flagmen shall be posted. (3259-1/94)
(e) A stop sign conforming to the requirements of the California Vehicle Code shall be posted at the
entrance of the access road to the public roadway. (3259-1/94)
(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
thirty(30)inches in length,shall have a yellow background,and the letters thereon shall be five(5)
inches in height. The sign shall be placed six(6)feet from the edge of the pavement,and the base of
the sign shall be five(5)feet above the pavement level. The advance warning sign shall be covered or
removed when the access intersection is'not in use. (3259-1/94) .
( e grading project' des ovement of earth material to or from the site in an amount
nsidered substantial bb tor,the permittee shall submit the haul route for review and
legisdrft/mcl705-LD/10/1/03 11
(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. (3259-1/94)
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 hermit 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. (3259-1/94)
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 ten percent(10%) .
of the cost for performing the work. (3259-1/94)
17.05.250 Security. (3259-1/94)
(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: (3259-1/94)
(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 (3259-1/94)
(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 (3259-1/94)
(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. (3259-1/94)
(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. (3259-1/94)
(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)
Iegisdrft/mc 1705-LD/10/2/03 12
Peer 6cmavic�e. - Cocat*jen5 . Wkerlelev 4Ine U rrr-l-^r or de+err�tnes •+►,wt a d -C%ali Has
�e� De-tol+in _
ouut 1h l' p��'rMa►aoG of any qre irernehf of a cond:l-►oh r a per&%,+,or tt-cre is a 4Fa,(�rc to
comply with an order issued pursuant to subdivision(d),written notice thereof shall be given to the
pemuttee 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 pemuttee 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. (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. (3259-1/94)
17.05.280 Setbacks. Structures shall be set back from the tops and toes of slopes as specified in the
Grading Manual.(3259-1/94)
.17.05.290 D e and terracing. Drainage facilities and terracing 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 avement. (32591/94)
(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.
(3259-1/94)
(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.
(3259-1/94)
17.05.310 Erosion control and water quali , requirement systems. (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 45 30.(3259-1/94)
(c) No grading work in excess of 200 cubic yards will be allowed between October 4-51 and April 4-5 30
on a any single grading site under permit unless an erosion control system has been approved or
waived by the Director.(3259-1/94)
(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.(3259-1/94)
legisdrft/mc 1705-LD/10/I/03 13
z -
(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.-(325s-1/s4)
(f j Desilting facilities shall be provided and maintained by the owner at drainage outlets from the graded
site.(3259-1/94)
(g) .Desilting basins shall be designed to provide a minimum desilting capacity equal to the current City of
Huntington Beach standards.(3259-1/94)
(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.
N(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 irrinin nt.(32591/94)
Erosion protection shall;consist of effective planting of a],slopes in excess of five(5)three(:1)
. . feet high unless otherwise approved-by the Director. Slopes exceeding friteeft(15)five(5)feet in
height may.require-an adequate sprinkler:system,as determined by the Director. Protection for.slopes
shall e installed as soon as practicable. -Effective planting shall be installed,,fully germinated,and
effectively cover the required:slopes prior-to final approval,runless otherwise approved by the
Director. (3259-1/94)
@(k) Design or erosion control provisions shall consider drainage patters during present and future
phases of grading throughout the rain season.(3259-1/94).
r
(1)(1) All removable protective devices shown shall be in place at the end of each working day when the
diree(3)five(5)day rain probability forecast exceeds forty percent(401/o).(3259-1/94)
(4)(m) Graded areas around the project site perimeter shall drain away from the face of slopes at the
conclusion of each working day.(3259-1/94)
(n)In addition to the requirements specified above,the permittee 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 Cha ter or to the City's Stormwater and
Urban Runoff Management Ordinance hapter 14.25 and current County of
Orange DAMP,or failure to comply with stormwater related provisions of a
City issued gradingg permit or of a grading plan prepared to secure such a
permit,is also a violation of this Chapter.
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 grading 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 4-51.(3259-1/94)
legisdrft/mc 1705-LD/10/1/03 14
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.(3259-1/94)
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.(3259-1/94)
(c) Devices shall not be moved or modified without the approval of the Director.(3259-1%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
refusal
event of failure or real 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.
(4)(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 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 4-5 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-permit is required shall be subject to `
inspection by the Director.(3259-1/94)
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
legisdrft/mc 1705-LD/10/2/03 15
(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.(3259-1/94)
(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.(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)
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.
(3259-1/94)
' 17.05.370 Transfer at respgnsib' foY 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: (3259-1/94)
(1).the owner submits a letter of notification to the Director verifying-the change of the responsible
professional;and(3259-1194)
(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 work 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.(3259-1/94)
(b) The contractor or agent shall notify the City Inspector and Fire Department if,during the course
of grading operations,contaminated soil is uncovered.(3259-1/94)
(c) The pemuttee 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 pen-nit 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 )104.2.4, Stop Orders,of the Uiife 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
legisdrft/mc 1705-LD/10/1/03 16
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.(3259-1/94)
17.05.390 Special ins ections. The Director may establish special inspection requirements in accordance
with Section 306, 17 1,Special Inspections of the ti€ffn 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.(3259-1/94)
17.05..400 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.(3259-1/94)
17.05.410 Notification of completion. The pemrittee 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.(3259-1/94)
legisdrft/mc 1705-LD/10/1/03 17
� I �
RCA ROUTING S HEET
INITIATING DEPARTMENT: Public Works
SUBJECT: ADOPT ORDINANCES MODIFYING CHAPTER 14.25 AND
CHAPTER 17.05 OF THE MUNICIPAL CODE TO INCLUDE
WATER QUALITY LANGUAGE
COUNCIL MEETING DATE: October 20, 2003
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attome Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attome Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report If applicable Not Applicable
Find in s/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk G
EXPLANATION FOR RETURN OF ITEM:
(Below • , For Only)
RCA Author: Geraldine Lucas
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
-- . cmoF
I am a Citizen of the United States and a NUNIINCTONBUCN
. .
resident of the County aforesaid; I am UcaL-NonCE
-{ OWINANCENO 3620
over the age of eighteen years, and not aaa�r�abrar�►CoI�KUa
on November 3,2O03
party to or interested in the below entitled �s"AN ORDINANCE OF
:THE CITY OF'HUNTING-'
:TON BEACH AMENDING
matter. I am a principal clerk of the CHAPTER 14.25 OF THE
HUNTINGTON BEACH INDEPENDENT, MUNICIPALOCODEEA EH.
LATING TO STORM WA-'
a newspaper of general circulation, TER AND URBAN RUN
OFF MANAGEMENT"-•-- i
printed and published in the City of SYNOPSIS: ,
Ordinance No. 3620
5 of
Huntington Beach, County of Orange the H Chapter .B'Beach
� �.the Huntington..Beach
State of California, and that attached to, stpal.Code relating
j to storm water and
urban runoff manage
Notice is a true and complete copy as ! mint.
THE ,FULL TEXT OF
was printed and published in the THE ORDINANCE IS
p P AVAILABLE IN THE CITY;
.
Huntington Beach issue of said -COPIES CLERK'S OFFICE OF THIS Oft
DINANCE ARE AVAIL-1
newspaper to wit the Issue(s) of: ABLE IN THE CITY,
CLERK'S OFFICE..-;` i
PASSED AND-ADOPTED!
by the City Council of;
the City of Huntington.
Beach at a regular
meeting held November,
13,2003 by the following
roll call vote:
November 13 2003 AYES: S:61!1rn, Co-
i aroer,:-Green,==6onrd
-man, Cook :Houchen,
Hardy
NOES-
ABSE�IT:
'c Thls ordinance Is
'effective 30 days.ahei`
-do Ion.
CITY OF HUNTINGTON
I declare, under penalty of perjury, that BEACH
2000 MAIN STREET
the foregoing is true and correct. -HUNTCA926 BE-
•' to 92648- '
7147 ;6;.5227
CONNIE BROCKWAY'
CITY CLERK
Executed on T�Tnvamhcr 1 2003 Published Huntington
Beachlndependent
at Costa Mesa, California. November 13,20012 866
--
Signature
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
C1n OF' �7
am a Citizen of the United States and a HUNTINOON BEACH
resident of the County aforesaid; I am I EEcaEeoncE
ORDINANCE NO.3621
over the age of eighteen years, and not a MopWby16Cli told
party to or interested in the below entitled Aon N ORDINANCE
"AN ORDINANCE OF'THE CITY '
matter. I am a principal clerk of the ITON BEACHF.AMENDINGI
HUNTINGTON BEACH INDEPENDENT 1HUNTIER 1''N BEACH;
, IHUNTINGTON BEACH'
MUNICIPAL-'CODE,. RE='
a newspaper of general circulation, FERRED TO.AS ,THEi
GRADING.AND EXCAVA-.
printed and published in the City of �TIOYNOPSI I
SYNOPSIS:
Huntington Beach, County of Orange, ,Ordinance ter 1 5 of
`amends Chapter 17.05 of
the Bea-ch
State of California, and that attached Municipal C denreerred;
to as the grading' and'
Notice is a true and complete copy as excavationcode. :-I
THE FULL TEXT OF
was printed and published in the THE ORDINANCE IS�
AVAILABLE IN THE CITY'
Huntington Beach Issue of said CLERK'S OFFICE.
COPIES-OF`THIS OR-!
newspaper to wit the Issue(s) of: ABLE E ARE AVAIL
'ABLE IN THE -GITYi
CLERK'S OFFICE.
PASSED AND ADOPTED]
by the 'City.Council•of 1.
the-City of Huntington
Beach at a regular
meeting held November_ -
3, 2003 by the following
roll call vote:.`-
AYES:Sullivan, Coer=
November 13 r 2 3 per,Green,Boardman,
Cook,Houchen,Hardy
NOES:
ABSENT:
This ordinance Is,
effective.30 days after i
adoption. -
CITY OF HUNTINGTON
BEACH
I declare, under penalty of perjury, that 2000 i
HUNNTINGTON BEACH,
the foregoing is true and correct. " 714 536652271`
CONNIE`BROCKWAY,
CITY CLERK
'Published Huntington'
Executed on Nn�rcm}�pr 2003 Aeach Independent NoJ
vember 13,2003 .
' '
at Costa Mesa, California. — 112-865
Signature