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HomeMy WebLinkAboutAmend HBMC Article 17 - Delete Chapter 70 regarding Grading, C7:) P6() 1�� REQUEST FOR CITY COUNCIL ACTION Date: November 7, 1994 A PPROVED BY y'�y COLINCII, Submitted to: Honorable Mayor and City Council � I9� Submitted by: Michael T. Uberuaga, City Administrator Prepared by: `Ray Silver, Assistant City Administrator / Acting Directo ftl c[Exx _,J-PVL- Subject: AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ARTICLE 17 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 17.05 RELATING TO GRADING AND EXCAVATION TOGETHER WITH AN ORDINANCE DELETING SECTIONS 17.04.100 AND 17.04.110 PERTAINING TO STOCKPILES AND TOGETHER WITH AN ORDINANCE AMENDING SECTION 17.04.090 PERTAINING TO AMENDMENTS TO APPENDICES OF THE UNIFORM BUILDING CODE Consistent with Council Policy? [XI Yes -------------------------------------------------------------------------------------------------------------------------------- Statement of Issue, Recommended Action, Analysis, Funding Source, Environmental Status, Alternative Action, Attachments: -------------------------------------------------------------------------------------------------------------------------------- 1. STATEMENT OF ISSUE: A new and comprehensive grading ordinance is proposed. 2. RECOMMENDED ACTION: (a) Approve ordinance number 3259 amending Article 17 of the Huntington Beach Municipal Code by adding Chapter 17.05 relating to grading and excavation; AND (b) Approve ordinance number 3260 deleting Sections 17.04.100 and 17.04.110 of the Huntington Beach Municipal Code pertaining to stockpiles; AND (c) Approve ordinance number 3261 amending Section 17.04.090 of the Huntington Beach Municipal Code pertaining to amendments to appendices of the Uniform Building Code; AND 3. ANALYSIS: 3.1 Summary: 3.1.1 The proposed grading ordinance is intended to improve the City's ability to regulate grading and paving activities, and to reassign regulatory responsibility for grading activities from the Director of Community Development to the Director of Public Works. Grading within the City is currently regulated by the Director of Public Works, even though the existing ordinance assigns that responsibility to the Director of Community Development. i (ii) Stockpile shall mean earth material in excess of fifty (50) cubic yards stored for a temporary period of time upon a lot. Qj) 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. (kk) Terrace shall mean a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. 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 Sections 53090 through 53095 (special districts), pipeline or conduit excavation and backfill conducted by local agencies or public utilities, earthwork construction performed by railway companies on their operating property. This exemption, however, shall apply only when the earthwork construction takes place on the property, dedicated rights-of-way, or easements of the above agencies. (e) Excavation and backfill for installation of underground utilities by public utilities or companies operating under the authority of a franchise or public property encroachment permit. (f) Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressures upon any adjacent or contiguous property. (g) Exploratory excavations under the direction of soil engineers or engineering geologists, provided all excavations are properly backfilled. All such excavations and trenches are 5 6/k/grading/10/5/94 subject to the applicable sections of Title 8 of the State Orders, Division of Industrial Safety. (h) An excavation which does not exceed fifty cubic yards on any one site and which is less than two feet in vertical depth, or which does not create a cut slope greater than five feet in vertical height and steeper than two to one vertical (2:1). (i) •A fill less than one foot in depth placed on natural grade with a slope flatter than five horizontal to one vertical (5:1), which does not exceed fifty cubic yards on any one lot and does not obstruct a drainage course. (j) A fill less than three feet in depth, not intended to support structures or mobilehomes which does not exceed fifty cubic yards on any one lot and does not obstruct a drainage course. 17.05.060 Grading Permit, Paving. No person shall construct pavement surfacing in excess of three thousand 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. 17.05.070 Grading Permit, Watercourse Alteration. No person shall alter an existing watercourse, channel, or revetment by excavating, or placing fill, rock protection, or structural improvements without a valid grading permit unless waived by the Director or performed as interim protection under emergency flood fighting conditions. 17.05.075 Grading Permit, 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. 17.05.080 Temporary Stockpile Permit. (a) The City may issue a temporary stockpile permit, in lieu of a grading permit, to stockpile soil on a lot or parcel upon the submission of an application for a temporary stockpile permit by the owner of such lot, or by the owner's authorized agent. A site plan of the lot showing the area in which the stockpile is to be placed and the approximate amount of soil to be stockpiled shall be required. (b) Soil so stockpiled shall not be disturbed or leveled until a regular grading permit has been obtained for such work. The placement of the stockpile shall not adversely affect the safety, use, or stability of any structure, nor create a nuisance because of dust or erosion therefrom, nor block a public way or drainage course; nor shall such placement of stockpile material constitute a hazard to public welfare or endanger property. Stockpiling in a residential zone may be permitted under this section for purposes of providing fill material to be used on-site only. Stockpiling in residential zones for purposes of selling of material shall be prohibited. 6 6/k/grading/1015/94 I (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. 17.05.090 Types of Grading Permits. Either a rough grading permit or a precise grading permit may be issued for grading work upon completion of an application in accordance with the Grading Manual and approval by the Director. The rough or precise grading permit is the option of the permittee provided that the plans satisfy the requirements of the Grading Manual. Building permits may be issued in accordance with (a) and (b) below: (a) Building permits may be issued for a site graded under a valid precise grading permit upon completion and approval of rough grade inspection as specified in Section 17.05.380, "Site Inspection by the City Inspector". (b) Building permits shall not be issued for a site graded under a rough grading permit until a precise grading permit has been issued and the provisions of (a) have been satisfied. 17.05.100 Enforcement. Whenever any building or grading work is being done contrary to the provisions of this Code or the Grading Permit, the Director may order the work stopped by notice, in writing, served on any persons engaged in the doing or causing such work to be done; and any such persons shall forthwith stop such work until authorized by the Director to proceed with the work. 17.05.110 Violations and Penalties. (a) It shall be unlawful for any person, firm, or corporation to do grading in the City of Huntington Beach, or cause the same to be done, contrary to or in violation of any of the provisions of this Code. (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. (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 months, or by both such fine and imprisonment for each offense. 17.05.120 Hazardous Conditions. (a) Existence: Hazardous conditions exist when the state of any natural ground, natural slopes, excavation, fill, or drainage device, all of which exist on public or private 7 6/k/grading/l 0/5/94 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. (b) Examination: The Director may examine or cause to be examined every condition reported as hazardous as set forth in subsection (a) of this section. (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 permittee under any active permit which gives permittee control of the property issued pursuant to this Code, hereinafter referred to as `owner, of such required corrective work. The notice may state the time and place of a hearing to be held if the owner fails to comply with any demand for corrective work or reports. The purpose of the hearing would be for the presentation 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. (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. (e) Order. Finality, and Appeal: If the Hearing Officer determines the existence of a hazardous condition, the Hearing Officer shall determine whether such hazards are subject to corrective work and/or the need for more analysis through the preparation of reports and shall order such work or reports and specify a completion time. 1. Finality of order: The determination and order may be Imade orally at the hearing and shall be written and transmitted to the owner within a reasonable time. The determination and order shall become final within five days, excluding Saturdays, Sundays, and holidays, from the time it is first rendered. In the event that the owner was not present at the hearing, within five days of the mailing of the order to the last known address of s i id owner. 2. Appeal: The owner may, at any time prior to the determination and order becoming final, appeal in writing the decision of the Hearing Officer to the City Council. I (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. (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 8 6/k/grading/10/5/94 j I i t specified time, the Director may; (1) cause the work to be performed or reports to be prepared or, (2) advise the owner of the need for corrective work and Warn 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. Nothing in this subsection shall be construed to limit the type of remedy or relief which the Director may have under any other provision of law. (h) Costs: Costs incurred by 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. (i) Vacation of property: If necessary, the notice and order in subsections © or (e) of this section shall include the requirement that the property, a portion thereof, or adjacent sites be vacated within a specified time, in the interest of public safety,, pending the finality of any determination and order for completion of corrective work. (j) Notice: The Director shall cause the property to be posted at conspicuous locations with a notice containing at least the following: I UNSAFE TO OCCUPY DO NOT ENTER Director of Public Works CITY OF HUNTINGTON BEACH Date Posted Said posted notice may also contain the date, time, and place of the hearing and the name, address, and telephone number of the office of The Director where additional information may be obtained. Such posted notices shall remain posted until any necessary corrective work is completed. Such posted notices shall not be removed without written permission of the Director, and no person shall enter the property except for the purpose of making the required corrections or preparing reports. k Service of Notices: Tnotices ( ) ti The and order required by subsections O and (e) of this section may be served either: 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 ) I 2. By personally delivering a copy to the owner's address as designated on papers, applications, or permits on file with the City of Huntingt n Beach; or 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 i 9 6/k/grading/10131/94 I I i 4. If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there cannot be found, then]by affixing a copy in a conspicuous place on the property, building or structure and also delivering a copy to a person there residing, if any, or to the person in charge, if any; and also sending a copy by certified mail, return receipt requested, addressed to the owner at the place where the property, building or structure is situated, or to the owner at his last known or designated address, or both. 17.05.130 Application For Permit. I 1 (a) To obtain a grading permit, the applicant must first file an application iniwriting on a form furnished by the Director. The permit application shall be accompanied by information required by the Director and as specified in the Grading Manual. (b) Applications for which no permit is issued within 180 days following thel 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. 17.05.140 Plans and Specifications. (a) Each application for a grading permit shall be accompanied by plans aInd specifications, and supporting data consisting of soil engineering and engineering geology reports when required by the Director. (b) Plans and specifications shall be prepared and signed by a civil engineer, unless otherwise approved by the Director. 17.05.150 Soils and Geology Reports. (a) A soil engineering and engineering geology report shall be required forilgrading 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 80.105(e) and Fire Department Specification No. 431-92 - responsibility for mitigation and clean up of contaminated soil. 17.05.160 Issuance. Expiration, and Renewal. Every permit issued shall be valid for a period of two years from the date of issuance, except as specified in Subsections (a) and (b) below: 10 6/k/grading/l 0/5/94 (c) Approved testing agency shall mean a facility whose testing operations are controlled and monitored by a registered civil engineer and which is equipped to perform and certify the tests required by this Code, or the Grading Manual, as determined by the Director of Public Works . (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. (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 registered in the State of California to practice in the field of civil engineering. (h) .Civil Engineering shall mean the application of the knowledge of the forces of nature, principles of mechanics, and the properties of materials for the evaluation, design, and construction of . civil works for the beneficial uses of mankind. (i) Clearing, brushing, and grubbing shall mean the removal of vegetation (grass, brush trees; and similar plant types) by mechanical means. . (j ) Compadtion 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 Director of the City of Huntington Beach Public Works Department or a duly delegated representative. (m) Earth Material shall mean any rock, natural soil fill, or any combination thereof . (n) Engineering Geologist shall mean a geologist certified in the State of California to practice engineering - geology. (o) Engineering Geology shall mean the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works . 194 ;AFJk 3 (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 to protect adjacent private property, watercourses, public facilities and receiving waters from any abnormal deposition of sediment or dust. (r) Excavation shall mean the 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 approkimately conforms to the approved plan. (u) Gradinq shall mean any excavating or filling . i (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 permit shall mean an official document or certificate issued by the Director of Public Works or delegated representative authorizing grading activity as specified by approved plans and specifications . (x) Hillside site shall mean a site which entails cut and/or fill grading of three feet or more in vertical height below or above natural ground; or a combination fill-over-cut slope equal to or greater than five feet in vertical height; or where the existing grade is twenty percent or greater . (y) Mobilehome shall mean a structure, transportable in one or more sections, designed and equipped to contain not more than two dwelling units to be used with or without a foundation system. Mobilehome does not include recreational vehicle, commercial coach, or factory-built housing. I' (z) Owner shall mean any person, agency, firm, or corporation having a legal or equitable interest in a i given real property. 194 :AFJk 4 r� (aa) Permanent erosion control devices shall mean improvements which remain throughout the life of the development; they include terrace drains, down drains, slope landscaping, channels, and storm drains . (bb) Precise grading permit shall mean a permit that is issued on the basis of approved plans which show precise structure locations, finish elevations, and on-site improvements . (cc) Rough grading permit shall mean a permit that is issued on the basis of approved plans which need not show a structure location, but must show interim building pad drainage 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. t. (ff) Slope shall mean an inclined ground surface, the inclination of which .is expressed as a ratio or percentage. (gg) Soil Engineer shall mean a civil engineer duly i registered in the State of California whose field of expertise is soil mechanics . (hh) 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 . Stockpile shall mean earth material in excess of fifty (50) cubic yards stored for a temporary period of time .upon a lot. 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 194 :AFJk 5 longer than one rainy season. They include sandbags, -- gravel bags, plastic sheeting (visqueen) , silt fencing, straw bales, and similar items . (kk) Terrace shall mean a relatively level step constructed in the face .of a graded slope surface for drainage and maintenance purposes . 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 Sections 53090 through 53095 (special districts) , pipeline or conduit excavation and backfill .conducted by local agencies or public utilities, earthwork construction performed by railway companies on their operating property. This exemption, however, shall apply only when the earthwork construction takes place on the property, dedicated rights-of-way, or easements of the above agencies . (e) Excavation and backfill for installation of underground utilities by public utilities or companies operating under the authority of a franchise or public property encroachment permit . e (f) Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or. clay where established and provided for by law, provided such L operations do . not affect the lateral support or L .. 194 :AFJk 6 increase the stresses in or pressures upon any r.-. adjacent or contiguous property. (g) Exploratory excavations under the direction of soil engineers or engineering geologists, provided all excavations are properly backfilled. All such excavations and trenches are subject to the applicable sections of Title 8 of the State Orders, Division of Industrial Safety. (h) An excavation which does not exceed fifty cubic yards on any one site and which is less than two feet in vertical depth, or which does not create a cut slope greater than five feet in vertical height and steeper than two -to one vertical (2 : 1) . (i) A fill less than one foot in depth placed on natural grade with a slope flatter than five horizontal to one vertical (5 : 1) , which does not exceed fifty cubic yards on any one lot and does not obstruct a drainage course. (j ) A fill less than three feet in depth, not intended to support structures or mobilehomes which does not exceed fifty cubic yards on any one lot' and does not obstruct a drainage course. 17 . 05 . 060 Grading Permit, -Paving. No person shall construct pavement surfacing in excess of three thousand 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. 17 . 05 . 070 Grading Permit, Watercourse Alteration. - No person shall alter an existing watercourse, channel, or revetment by excavating, or placing fill, rock protection, or structural 'improvements without a valid grading permit unless waived by the Director or performed as interim protection under emergency flood fighting conditions . 17. 05 . 080 Temporary Stockpile Permit . (a) The City may issue a temporary stockpile permit, in lieu of a grading permit, to stockpile soil on a lot or parcel upon the submission of an application for a temporary stockpile permit by the owner of such lot, or by. the owner ' s authorized agent. A site plan of the lot showing the area in which the stockpile is to be placed and the approximate amount of soil to be stockpiled shall be required. 194 :AFJk 7 0 • (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 IT. adversely affect the safety, use, or stability of any structure, nor create a nuisance because of dust or erosion therefrom, nor block a public way or drainage course; nor shall such placement of stockpile material constitute a hazard to public welfare or endanger property. Stockpiling in a residential zone may be permitted under this section for purposes of providing fill material to be used on-site only. Stockpiling in residential zones for purposes of selling of material shall be' prohibited. (c) 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 . 17. 05 . 090 Types of Grading Permits . Either a rough grading permit or a precise grading permit may be issued for grading work upon completion of an application in accordance with. the Grading Manual and approval by the Director. The rough or precise grading permit is the option of the permittee provided that the plans satisfy the requirements of the Grading Manual . Building permits may be issued in accordance with (a) and (b) below: (a) Building permits may be issued for a site graded under a valid precise grading permit upon completion and approval of rough grade inspection as specified in Section 17. 05 .380, "Site Inspection by the City Inspector" . (b) Building permits shall not be issued for a site graded under a rough grading permit until a precise grading permit has been issued and the provisions of (a) have been satisfied . 17 . 05 . 100 Enforcement . Whenever any building or grading work is being done contrary to the provisions of this Code or the Grading Permit, the Director may order the work stopped by notice, in writing, served on any persons engaged in the doing or causing such work to be done; and any such persons shall forthwith stop such work until authorized by the Director to proceed with the work. 17 . 05 . 110 Violations and Penalties . 194 :AFJk 8 • (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. (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 . . (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 months, or by both such fine and imprisonment for each offense. 17 . 05 . 120 Hazardous Conditions . l (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 . (b) Examination: The Director may examine or cause to be examined every condition reported as hazardous as set forth in subsection (a) of this section. (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 permittee under any active permit which gives permittee control of the property issued pursuant to this Code, hereinafter referred to as 'owner ' , of such required corrective work. The notice may state the time and place of a hearing to be held if the owner fails to comply with any demand' for 194 :AFJk 9 • 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. (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 .Heari,ng Officer. (e) Order, Finality, and Appeal : If the Hearing Officer determines the existence of a hazardous condition, the Hearing Officer shall determine whether such hazards are subject to corrective work and/or the need for more analysis through the preparation of reports and shall order such work or reports and specify a completion time. 1 1. Finality of order: The determination and 1 order may be made orally at the hearing and shall be written and transmitted to the owner within a reasonable time. The determination and: order shall become final within five days, excluding Saturdays,., Sundays, and holidays, from the time it is first rendered. In the event that the owner was not present at the hearing, . within five days of the mailing of the order to the last known address of said owner. 2 . Appeal : The owner may, at any time prior to the determination and order becoming final, appeal in writing the decision of the Hearing Officer to the City Council: (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. 194 :AFJk 10 to (g) Failure to Complete Work: If the owner neglects or r- 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; (1) cause the work to be performed or reports to be prepared or, (2) advise the owner of the need for corrective work and warn 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 . Nothing in this subsection shall be construed to limit the type of remedy or relief which the Director may have under any other provision of law. (h) . Costs : Costs incurred by 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 . (i) Vacation of property: If necessary, the notice and order in subsections (c) or (e) of this section shall include the requirement that the property, a portion thereof, or adjacent sites be vacated within a specified time, in the interest of public .safety, - pending the finality of any determination and order for completion of corrective work. (j ) Notice: The Director of Public Works shall cause the property to be posted at conspicuous locations with a notice containing at least the following: UNSAFE TO OCCUPY DO NOT ENTER Director of Public Works CITY OF HUNTINGTON BEACH Date Posted Said posted notice may also contain the date, time, and place of the hearing and the name, address, and telephone number of the office of The Director where additional information may 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 . I ' 194 :AFJk 11 • (k) Service of Notices : The notices and order required by subsections (c) and (e) of this section may be served either: 1. By mailing a copy by certified 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 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 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 4 . If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there cannot be found, then by affixing a copy in a conspicuous place on the property, building or structure and also delivering a copy to a person there residing, if any, or to the person in charge, if any; and also sending a copy by certified mail, return receipt requested, addressed to the owner at the place where the property, building or structure is situated, or to the owner at his last known or designated address, or both. 17. 05 . 130 Application For Permit. (a) To obtain a grading permit, the applicant must first file an application in writing on a form furnished by the Director. The permit application shall be accompanied by information- required by the Director and as specified in the Grading Manual . (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 , 180 194 :AFJk 12 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. 17 . 05 , 140 Plans and Specifications . (a) Each application for a grading permit shall be accompanied by plans and specifications, and supporting data consisting of soil engineering and engineering geology reports when required by the Director. (b) Plans and specifications shall 'be prepared and signed by a civil engineer.., unless otherwise approved by the Director. 17. 05 . 150 Soils and Geology Reports. (a) A soil engineering and 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 80 . 105(e) and Fire Department . Specification No . 431-92 - responsibility for mitigation and clean up of contaminated soil . 17. 05 . 160 Issuance, Expiration, and Renewal . Every permit issued shall be' valid for a period of two years from the date of issuance, except as specified in Subsections (a) and (b) below: (a) Every permit issued shall expire by limitation and become void if the work authorized by such permit is not commenced within 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. The Director may extend the 180 day expiration time limit on permits not to exceed two 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. 194 :AFJk 13 (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 . The Director may require that grading operations and project designs be modified if delays occur which include weather related problems not considered at the time the permit was issued, and further subject to the provisions of Section 17 . 05.. 170, "Denial of Permit, of this Code. " If the permittee is unable to complete the work by the end of a two year period, the Director may renew the grading permit on an annual basis for a fee of one-half the amount required for the original permit for such work, provided no , changes have been made in the original plans and specifications for such work. 17 .05 . 170 Denial of Permit . ~` a The Director shall not issue a( ) . permit in any case where it is found that- the work as proposed by the applicant is liable to constitute a hazard to property or result in the deposition of debris on any public or private way or interfere with .any existing drainage course. If it can be shown to the satisfaction of the Director that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, . drainage .devices or by other means, the Director may issue the permit with the condition that such work be performed. _ (b) If, in the opinion of the Director, the land areas for which grading is proposed is subject to geological or flood hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property, the Grading Permit shall be denied. (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. 194 :AFJk 14 r (d) The Director may require plans and specifications to ly be modified in order to make them consistent with the �a 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 proposed project cannot be designed in accordance with these rules, regulations, or conditions . 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 . j 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. 17 . 05 . 200 Protection of Adjoining Property. Each adjacent owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement as provided by law. 17 . 05 , 210 Import and Export of Earth Material . Where an excess of 5, 000 cubic yards of earth per project site is moved on public roadways from or to the site of an earth grading operation, all the following requirements shall apply: (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 194 :AFJk 15 roadways . The permittee 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. l (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. (c) Access roads to the premises shall be only at points designated on the approved grading plan. (d) The last 50 feet of- the access road, as it approaches the intersection with the public roadway, shall have a grade not to exceed three percent 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. (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. ^1 (f) An advance warning sign must be posted on the public + roadway 400 feet on each side of the access intersection, carrying the words "Truck Crossing.. " The sign shall be diamond shaped, each side being 30 inches in length, shall have a yellow background, and the letters. thereon shall be five inches in height. The sign shall be placed six feet from the edge of the pavement, and the base of the sign shall be five feet above the pavement level . The advance warning sign shall be covered or removed when the access intersection is not in use. (g) If the grading project includes the movement of. earth material to or from the site in an amount considered substantial by the Director, the permittee shall submit the haul route for review and approval by the Director. The Director may require, as a special condition of the grading permit, alternate routes or special requirements in consideration of the possible impact on the adjacent community. environment or' effect on the public right-of-way. 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. 194 :AFJk 16 • 4 • 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 . 17. 05 . 240 Cost Recovery Fees ._ If the City performs emergency work on private property, the property owner shall be charged all direct and indirect costs which are necessary to complete the work to the Director ' s satisfaction. In addition, the Director may charge a mobilization cost equal to 10 percent of the cost for performing the work. 17. 05 .250 Security. (a) A grading permit shall not be issued unless the permittee shall first post with the Director security in a form and amount set forth in the Grading Manual . The security is required to assure that the work, if not completed in accordance with approved plans and specifications, will be corrected to eliminate hazardous conditions . This requirement may be waived at the discretion of the Director if it is determined that: 1. No hazardous situation is likely to occur as a result of incomplete or improper grading, and 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 194 :AFJk 17 17 . 05 .300 Asphalt Concrete Pavement . {�~ (a) Asphalt concrete pavement for- surfacing of parking lots, private streets, or other similar uses shall j , conform to the provisions of the Grading Manual unless otherwise approved by the Director. (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. 17 . 05 .310 Erosion Control System. (a) The faces of cut and fill slopes and the project site shall be prepared and maintained to control erosion in accordance with this Code. (b) Where necessary, temporary or permanent erosion control devices such as 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 15 to April 15 . (c) No grading work in excess of 200 cubic yards will be allowed between October 15 and April 15 on a grading site under permit unless an -erosion control system has been approved or waived by the Director. (d) Paved streets, sidewalks, and other improvements shall be maintained in a neat and clean condition free of loose soil, construction debris, and trash. Street sweeping or other equally effective means shall be used on a regular basis to prevent storm flows from carrying sediment and debris outside the project boundaries . Watering shall not be used to clean streets except for fine material not otherwise removed by sweeping or other mechanical means . (e) Unless otherwise approved by the Director, the owner shall be required to retain a civil engineer who will be responsible for the design of all erosion control improvements and initial approval of the installation of permanent and semi-permanent erosion control devices during each rainy season, until the work authorized by the permit is given final approval . The owner shall retain the civil engineer to periodically review the field condition and modify, as needed, the design of the permanent and semi-permanent erosion control devices during the rainy season. Installation and maintenance of all erosion control devices shall be the responsibility of the owner. 194 :AFJk 19 (f) Desilting facilities shall be provided and maintained by the owner at drainage outlets from the graded site. (g) Desilting basins shall be designed. to provide a minimum desilting capacity equal to the current City of Huntington Beach standards . (h) Equipment and workers for emergency work shall be made available at all times during the 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 : (i) Erosion protection shall consist of effective planting of all slopes in excess of five feet high unless otherwise approved by the Director. Slopes exceeding 15 feet in height may require an adequate sprinkler system, as determined by the Director. Protection for slopes shall be installed as soon as practicable. Effective planting shall be installed, fully germinated, and effectively cover the required slopes prior to final approval , unless otherwise approved by the Director. (j ) Design of erosion control provisions shall consider drainage patterns during present and future phases of j_ grading throughout the rain season. (k) All removable protective devices shown shall be in place at the end of each working day when the three day rain probability forecast exceeds 40 percent . ( 1) Graded areas around the project site perimeter shall drain away from the face of slopes at the conclusion of each working day. 17 . 05 . 320 Erosion Control Plans . Erosion control plans prepared by the engineer of record and in accordance with provisions of the Grading Manual shall be submitted to the i 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 15 . 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. 194 :AFJk 20 (b) After each rainstorm, the performance of the erosion control system shall be evaluated and repaired as necessary. (c) Devices shall not be moved or modified without the approval of the Director . (d) - The owner shall take necessary precautions to prevent public trespass onto areas where impounded water creates a hazardous condition. (e) The owner shall be responsible for continual maintenance of the devices during the rain season. In the event 'of' failure or refusal by the owner to properly maintain the devices, the Director may cause emergency maintenance work to be done to protect adjacent private and public property. The cost shall be charged to the owner and shall include an initial mobilization cost, and the. cost of doing the work. (f) If any grading subject to Section 17 . 05 .060, "Grading Permits, " of this Code is commenced on private property without' a valid grading permit, the owner may be required to prepare and implement an erosion control plan which has been approved by the Director. In the event of failure by the owner to install an I — approved erosion control system, the Director may cause emergency work to be done to protect adjacent �. private and public_ property. The procedures of Section 17. 05 . 120, "Hazardous Conditions, " of this Code, need not apply for emergency erosion control work between October 15 and April 15 . The cost shall be charged to the owner in accordance with item (e) of this section. 17. 05 .340 Inspection Authority. All grading operations for which a permit is required shall be subject to inspection by the Director. 17. 05 . 350 Engineer of Record Responsibility. i (a) It shall be the responsibility of the civil engineer of record who prepares the grading plan approved by the Director, to incorporate all recommendations from the soil engineering and engineering geology reports into the grading plan. The engineer of record shall ' be responsible for the professional inspection and approval of the grading within his other area of. technical speciality. This responsibility shall include, but need not be limited to, inspection and approval line, grade, and drainage of the development area. The engineer of record shall be responsible for the preparation of revised plans, erosion control i 194 :AFJk 21 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 fills, the stability of cut slopes with respect to geological matters, and the need for subdrains or other ground water drainage devices . The engineering geologist shall report findings to the soil engineer and the civil engineer for engineering analysis . (d) The Director may inspect the project at various stages - of work requiring approval to determine that adequate control is being exercised by the responsible i professionals . 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 copies of all recommendations and reports to the Director. 17. 05 . 370 Transfer of Responsibility for Approval If the civil engineer, the soil engineer, the engineering geologist, the testing agency, or the grading contractor of record are changed during the course of the work, the work shall be stopped unless : 1) the owner submits a letter of notification to the Director verifying the change of the responsible professional; and 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. i I 194 :AFJk 22 1 j 17 . 05 . 380 Site Inspection by the City Inspector. (a) Prior to the approval of any building or grading plans and specifications, the City Inspector may inspect the site to determine that the plans and specifications are current and reflect existing conditions . (b) The contractor or agent shall notify the City Inspector if, during the course of grading operations, contaminated soil is uncovered. (c) The permittee or agent shall notify the City Inspector when the grading operations for which inspection is required are ready for inspection. (d) If the Inspector finds the soil- or other conditions not as stated in the approved plans and soil or geology reports, or as in additional information which was required for issuance of the grading permit, the Inspector may refuse to allow further work until approval is obtained for a revised grading plan which will conform to the conditions . (e) The provisions of Section 202(d) , Stop Orders, of the Uniform Building Code, shall apply to all grading work, and whenever the City Inspector determines that any work does not comply with the terms of a permit, or this Code, . or that the soil or other conditions are not as stated on the permit, t he -Inspector may order the work stopped by notice in writing served on any persons engaged in doing or causing of such work to be done and any such persons shall forthwith stop such work until authorized by the City Inspector to proceed with the work. 17 . 05 .390 Special Inspections . The Director may establish special inspection requirements in accordance with Section 306, Special Inspection, of the Uniform Building Code, as amended for special cases involving grading or paving related operations . Special cases may apply to work, where in the opinion of the Director, it is necessary to supplement the sources or expertise available for inspection. 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 . 17. 05 .410 Notification of Completion. The permittee or agent shall notify the City Inspector when the grading operation is ready for final inspection. All work, including installation of all drainage facilities and their protective devices and._,,a;ll erosion control measures, must be completed in 194 :AFJk 23 accordance with the final approved grading plan and . the required reports approved by the Director before final approval of the grading permit may be given by the City Inspector. SECTION 2 . This ordinance shall take effect thirty (30) days after adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 1993 . Mayor ATTEST: APPRO D AS TO FORM: City Clerk City Attorney RE =tt�y�AKdCm-it:ffli APP ED• I ITIAT D PPROVED: is for Directo of Public Works 194 :AFJk 24 REQ UEO FOR CITY COUNCILS.LCTION P ez) Date: August 2, 1993 / PL&N Submitted to: Honorable Mayor and City Council S ui,-- Submitted by: Michael T. Uberuaga, City Administrato � � a mac/ Prepared by: . o is F. Sandoval, Director of Public Works 30 � Subject: AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ARTICLE 17 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 17.05 RELATING TO GRADING AND EXCAVATION TOGETHER WITH AN ORDINANCE DELETING SECTIONS 17.04.100 AND 17.04.110 PERTAINING TO STOCKPILES. AND TOGETHER WITH AN ORDINANCE 'AMENDING SECTION 17.04.090 PERTAINING TO AMENDMENTS TO APPENDICES OF THE UNIFORM BUILDING CODE Consistent with Council Policy? [X] Yes Statement of Issue, Recommended Action, Analysis, Funding Source', Alternative action,Attachments. ----2----------------- STATEMENT OF ISSUE: A new and comprehensive grading ordinance is proposed for adoption. RECOMMENDED ACTION: 1. Approve introduction of the attached ordinance amending Article 17 of the Huntington Beach Municipal Code by adding Chapter 17.05 relating to grading and excavation, AND 2. Approve introduction of the attached ordinance deleting sections 17.04.100 and 17.04.110 of the Huntington Beach Municipal Code pertaining to stockpiles, AND 3. Approve introduction of the attached ordinance amending section 17.04.090 of the Huntington Beach Municipal Code pertaining to amendments to appendices of the Uniform Building Code, and direct that a public hearing be set for a second reading on August 16, 1993. ANALYSIS: Existing Ordinance: The Huntington Beach Municipal Code presently incorporates, by reference, Chapter 70 of the Uniform Building Code (UBC) which addresses grading. The UBC is a nationally adopted code intended primarily to address building issues. The UBC addresses:administrative procedures for grading permits, but contains minimal specifications for grading work. Grading specifications contained in the UBC are intended to be applicable on a nation wide basis and are, in some cases, Request for.City Council Action* • Grading Ordinance August 2, 1993 Page 2 not applicable to the topography and geology of Huntington Beach. It is proposed that the Municipal Code reference to the UBC'be deleted, and that a new grading ordinance be adopted in place of the grading portion of the UBC. Sections 17.04.10 and 17.04.110 of the Municipal Code pertain to stockpiles. It is proposed- that these Sections be- incorporated, without modification, in the new grading ordinance, and that the above referenced sections of the Municipal Code be deleted. Proposed Ordinance: The proposed grading ordinance will set forth rules and regulations for the control of excavation, grading, earthwork, site improvement construction and stockpiles, and will establish administrative requirements for issuance of grading permits, approval of plans and for inspection 'of grading construction. The proposed grading ordinance will also aid the Fire Department in identifying and regulating the handling and mitigation of contaminated soil. The proposed grading ordinance is modeled after the County of Orange grading ordinance. The County ordinance has been tested and modified over the past 20 years and has served as a model for the cities of Orange, Irvine, and Mission Viejo. The County ordinance contains general provisions while it authorizes County Staff to prepare and update a grading manual which includes detailed specifications and procedures. The City of Orange ordinance contains fewer general provisions than the County ordinance while it delegates more authority to staff to develop grading standards. The proposed ordinance presented here more closely follows the County model where general provisions are outlined in the ordinance, and development of detail specifications is delegated to staff. If the proposed ordinance is adopted, then the Director of Public Works would be authorized to prepare a grading manual with detailed specifications, and to modify that manual as necessary. A copy of the grading manual is attached for reference. The proposed ordinance provides for any future organizational changes which might transfer responsibility for regulation of grading operations to the Director of Community Development. The proposed grading ordinance is configured to accommodate any such transfer of responsibility with only minor modification to the ordinance. ; Costs: Implementation of the proposed ordinance would not create any additional costs for the City. Grading requirements under the proposed grading ordinance would be more specific, but would not be significantly more stringent than existing requirements. Therefore it is not expected that there would be additional costs for developers. I i i - i Request for City Council Action• • q Ty Grading Ordinance August 2j 1993 Page 3 Benefits: Benefits would be difficult to quantify at this time. However, it is expected that better control of grading operations would result in improved property values, and in reduced future claims against the City. FUNDING SOURCE: Not applicable ALTERNATIVE ACTION: Deny approval of.the proposed ordinances. ATTACHMENTS: 1. Proposed grading ordinance 2. Proposed ordinance pertaining to stockpiles 3. Proposed ordinance pertaining to amendments to appendices of the Uniform Building Code 4. Grading Manual 5. UBC Grading Code LFS:REE:SWM:BPC A:\RCAGRAD.01 i I I i NOTICE OF PUBLIC HEARING To adopt an ordinance amending the Uniform Building Code - Ordinance No. 3208 NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chambers at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATEMME: Monday, August 16, 1993, 7:00 p.m. REQUEST: Adopt proposed Ordinance No.3208 to amend Section 17.04.090 of the Huntington Beach Municipal Code, pertaining to amendments to Appendices of the Uniform Building Code, to include Chapter 70 of the Uniform Building Code as an excluded chapter. Section 17.04.090 of the Huntington Beach Municipal Code is proposed to be amended to read as follows: 17.04.090 Amendments to appendices. The Uniform Building Code is hereby amended by deleting from the appendices Chapters 1, 12, 23, 38, 51, 53, 57 and 70. ENVIRONMENTAL STATUS: This action is not a "project" subject to C E Q A provisions. ON FILE: A copy of the proposed ordinance is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit written evidence for, or against, the application as outlined above, or to submit written communications to the City Clerk. If there are any further questions, please call Steve May at (714) 536-5510. Connie Brockway, City Clerk Huntington Beach City Council 2000 Main Street Huntington Beach, CA 92648 (714) 536-5227 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To: Connie Brockway, City Clerk From: Steve May, Principal Engineer Date: July 23, 1993 Subject: ADVERTISEMENT REQUEST Attached is a Notice of Public Hearing which needs to be advertised at least 10 days before the August 16th hearing date. Please call if you have any questions; x 5510. - i I i i CITY OF HUNTINGTON BEACH P INTER-DEPARTMENT COMMUNICATION l S HUNTINGTON BEACH ^ To: Connie Brock , City Clerk n / From: Steve May, Principa veer 714 v Date: July 23, 1993 Subject: ADVERTISEMENT REQUEST Below is a Notice of Public Hearing which needs to be advertised at least 10 days before the August 16th hearing date. Please call if you have any questions. NOTICE OF PUBLIC HEARING To adopt an ordinance amending the Uniform Building Code C'�y J r, tr. ,• � . 3oa O NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chambers at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. I DATEMME: Monday, August 1$, 1993, 7:00 p.m. 11", REQUEST: Adopt M dinance/tto amend Section 17.04.090 of the Huntington Beach Municipal Code/pertaining to amendments to Appendices of the Uniform Building Code, to include!Chapter70 of the Uniform Building /Code as an excluded chapter. ; 1'7, O -0-ID 6,641j� {���/�s}F� is `�� -,-i ENVIRONMENTAL STATUS: This action is not a "project" subject to C E Q A provisions. ON FILE: A copy of the proposed ordinance is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. / ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit u 4•I evidence for, or against, the application as outlined above, If there are any further questions, please call Steve May at (714) 536-5510. Connie Brockway, City Clerk. Huntington Beach City Council 2000 Main Street Huntington Beach, CA 92648 (714) 536-5227 1 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS TABLE OF CONTENTS Section Number Section Title Page SUBARTICLE 1 GENERAL PROVISIONS 1.1 Authority 1 1.2 Scope and Purpose 1 1.3 Adoption and Revision 1 SUBARTICLE 2 DEFINITIONS 2.1 Definitions 1 SUBARTICLE 3 GRADING PERMIT REQUIREMENTS 3.1 Grading Permit Application 3 3.2 Grading Plan Clearances 3 3.3 Grading Plan Check 3 3.4 Soil and Engineering Geology Report Content 5 3.5 Permit Issuance 7 3.6 Permit Expiration 7 SUBARTICLE 4 FEES 4.1 Plan Checking Fee 7 4.2 Grading Permit Fee 8 4.3 Grading Permit Renewal Fee 9 4.4 Reinspection Fee 9 4.5 Refunds 9 SUBARTICLE 5 BONDS 5.1 Types of Bonds 9 5.2 Bond Amount 9 5.3 Bond Conditions 10 5.4 Term of Bond 10 SUBARTICLE 6 CUTS 6.1 Cut Slopes 10 SUBARTICLE 7 FILLS 7.1 Fill Slopes 10 7.2 Preparation of Ground 10 7.3 Fill Material 11 7.4 Compaction 11 7.5 Slope 12 7.6 Utility Line Backfill 13 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS TABLE OF CONTENTS (Continued) Section Number Section Title Page SUBARTICLE 8 SETBACKS 8.1 Setbacks from Permit Area Boundary 13 8.2 Design Standards for Setbacks 13 8.3 Retaining Walls 14 SUBARTICLE 9 DRAINAGE AND TERRACING 9.1 Terrace 14 9.2 Subsurface Drainage 14 9.3 Disposal 16 9.4 Interceptor Drains 17 9.5 Pipe Specifications 17 9.6 Area Drain Grates 18 9.7 Conduits Beneath Structures 18 SUBARTICLE 10 ASPHALT CONCRETE PAVEMENT 10.1 Asphalt Concrete and Untreated Base Standards 19 10.2 Subgrade Compaction 19 10.3 Soil Sterilization 19 10.4 Surface Drainage 19 10.5 Pavement Structural Section 19 10.6 Driveways 20 SUBARTICLE 11 EROSION CONTROL 11.1 Information on Erosion Control Plans 21 SUBARTICLE 12 GRADING INSPECTION 12.1 Site Inspection by the Director of Public Works 21 12.2 Alternate Materials and Methods of Construction 25 SUBARTICLE 13 COMPLETION OF WORK 13.1 Final Reports 26 3373g/28&29 OLITY OF HUNTINGTON BEACH • GRADING MANUAL DEPARTMENT OF PUBLIC WORKS SUBARTICLE 1 GENERAL PROVISIONS 1.1 Authority City of Huntington Beach Grading and Excavation Code Section 17.05, Grading Manual, authorizes the Director of Public Works to formulate such rules, procedures, and interpretations as may be necessary or convenient to administer the Grading Code. Such rules, procedures, and interpretations, and amendments thereto, shall be referred to as the "City of Huntington Beach Grading Manual". 1.2 Scope and Purpose The City of Huntington Beach Grading Manual (hereinafter referred to as grading manual) is a compilation of rules, procedures, and interpretations necessary to carry out the provisions of the City of Huntington Beach Grading Code. The grading manual is organized to follow the content of sections in the grading code. The purpose of the grading manual is to assist users of the grading code by supplementing it with detailed information regarding rules, interpretations, standard specifications, procedures, requirements, forms, and other information applicable to control. excavation, grading, and earthwork construction in the City of Huntington Beach. Should any portion of the grading manual be found to be in conflict with the provisions of the grading code, the grading code provision shall govern. 1.3 Adoption and Revision The provisions of the grading manual, including revisions or additions thereto, shall be prepared by the Director. SUBARTICLE 2 DEFINITIONS Definitions The definitions contained in this manual are supplemental to those contained in the grading code. -1- 0 • As-graded shall mean the surface conditions existent upon completion of grading. Bedrock shall mean relatively unweathered; consolidated or relatively hard formation that underlies the soil and other unconsolidated material. Bench shall mean a relatively level step excavated into earth materials on which fill is to be placed. Fault shall mean a fracture in the earth's crust along which movement has occurred. A fault is considered active if movement has occurred within the last +11,000 years (Holocene geologic time.) Flatland Site shall mean any site which does not fit the definition of a hillside site. Hillside Site shall mean a site which entails cut 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 20 percent or greater;.and which may be adversely affected by drainage or stability conditions within or from outside the site, or which may cause an adverse effect on adjacent property. Key shall mean a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope. Keyway shall mean an excavated trench into competent earth material beneath the toe of a proposed fill slope. Retaining Wall shall mean a wall designed to resist the lateral displacement of soil or other materials. ;lope Stability: Gross Slope Stability shall mean the stability of slope material below a plane approximately three (3) to four (4) feet deep measured from and perpendicular to the slope face. Surface Slope Stability shall mean the stability of the outer three (3) to four (4) feet of slope material measured from and perpendicular to the slope face. -2- SUBARTICLE 3 GRADING PERMIT REQUIREMENTS 3.1 Grading Permit Application A grading permit application shall consist of the following items and forms completed and signed by the applicant or representative, unless otherwise specified by the Director: a. Application form b. Six sets of grading plans c. Two copies of a preliminary soil report (if required) d. Two copies of a preliminary geology report (if required) e. Payment of grading plan check and inspection fee f. Three sets of erosion control plans. g. Two copies of hydrology and hydraulic calculations, if applicable 3.2 Grading Plan Clearance The Director shall notify the applicant that, prior to issuance of a grading permit, written clearance will be required from other Divisions within the City of Huntington Beach and may be required from other agencies. Depending on site conditions and location, written clearance or permits may be required from, but not limited to, the following agencies: a. California Regional Water Quality Control Board b. California Department of Fish and Game c. California Coastal Commission d. California Division of Industrial Safety e. City of Huntington Beach Fire Department (fuel modification) Upon notification by the Director, the applicant shall be responsible for submitting copies of grading plans and information required by those divisions or agencies and obtaining required clearance or permits. 3.3 Grading Plan Check Information on Plans: Plans submitted for plan check shall be drawn to scale upon City of Huntington Beach standard grading sheets available from the Engineering Division or upon Mylar or linen, using the same format. The plans shall be of sufficient clarity to indicate the nature and extent of the work proposed, and must show in detail that the project will conform to the provisions of this grading manual, the Grading and Excavation Code, and all relevant laws, ordinances, rules, and regulations. -3- The first sheet of each set of plans shall give the location of the work and the name and address and telephone number of the owner, the person by whom the plans were prepared, the project soil engineer, engineering geologist, and when required, the project paleontologist and archaeologist. a. Rough Grading Permit: The plans shall include, but not be limited to, the following information: 1. Vicinity map of the site. 2. Property limits clearly labeled or otherwise identified. 3. Prominent existing or natural terrain features, and accurate contours of existing . ground and details of terrain and area drainage a minimum of fifteen (15) feet beyond property limits (spot elevations may be used on flatland sites.) 4. Limiting dimensions including setbacks between property lines and top and toe of slopes, elevations of finish contours to be achieved by the grading, proposed drainage devices, and related construction. 5. Details (plan and section) of all surface and subsurface drainage devices, walls, cribbing, dams, and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing the drainage area and estimated runoff from the area served by any drains. 6. Location of any existing buildings or structures on the property where the work is to be performed, and locations of any buildings or structures on land of adjacent owners which are within fifteen (15) feet of the property, or which may be adversely affected by the proposed grading operations. 7. 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 a haul route plan for review and approval by the City of Huntington Beach Traffic Engineer prior to the issuance of a grading permit. The Traffic Engineer may suggest alternate routes or special requirements in consideration of the possible impact on the adjacent community environment or effect on the public right-of-way itself, which the Director shall prescribe as a condition of the grading permit. There shall be no additional fee for the haul route plan check. -4- 8. Additional plans, drawings, calculations, environmental impact information, or other reports required by the Director. b. Precise Grading Permit: The plans shall include the following, in addition to the above items listed for Rough Grading Permits: 1. The footprint or allowable building area of all proposed structures (including appurtenances.) 2. Setback distances between structures and top and toe of slopes. 3. Detailed finish grade and finish floor elevations. 4. Flowlines for lot drainage. 5. Details for building footing and side-yard swale relationship (including extra height of footing.) 6. All proposed concrete flatwork or driveways. The Precise Grading Plan shall identify all previous rough grading permits issued for.the project site. It may include sheets from the rough grading plan which show original topography in lieu of reproducing original contours on the precise grading plan. 3.4 Soil and Engineering Geology Report Content Two copies of each report required by this grading manual shall be submitted as part of the application for a grading permit. Each report shall contain all information applicable to the project. Recommendations contained in the approved reports shall be incorporated into the grading plans and specifications and shall become conditions of the grading permit. -5- 1 I a. Preliminary Soil Report: Soil engineering reports shall be required for all subdivision, commercial/industrial, multi—residential, and similar developments involving structures or earthwork for which a grading permit is required. Soil reports shall also be required for grading or building permits on single lot projects when specified by the Director. The preliminary soil engineering report shall include information and data regarding the nature, distribution, and the physical and chemical properties of existing soils; conclusions as to adequacy of the site for the proposed grading; recommendations for general and corrective grading procedures; foundation and pavement design criteria and shall provide other recommendations, as necessary, commensurate with the project grading and development. b. Preliminary Engineering Geology Report: Engineering geology reports shall be required for all developments on hillside sites where geologic conditions are considered to have a substantial effect on existing and future site stability. This requirement may be extended to other sites suspected of being adversely affected by faulting. The preliminary engineering geology report shall include a comprehensive description of the site topography and geology; an opinion as to the adequacy of the proposed development from an engineering geologic standpoint; an opinion as to the extent that instability on adjacent properties may adversely affect the project; a description of the field investigation and findings; conclusions regarding the effect of geologic conditions on the proposed development; and specific recommendations for plan modification, corrective grading or special techniques and systems to facilitate a safe and stable development, and shall provide other recommendations as necessary, commensurate with the project grading and development. The preliminary engineering geology report may be combined with the soil engineering report. C. Seismicity Report: A seismicity report shall be required as a condition for issuance of a grading permit and/or Building Permit for all subdivisions (tracts), and for all sites for critical ' —6— structures (fire stations, nursing homes, etc.) and major structures, as determined by the Director. Additionally, sites containing earthquake sensitive earth materials or sites that are located on or near potentially active or active faults shall also require a seismicity report, as determined by the Director. The•report shall be prepared by an engineering geologist, geophysicist, or a civil engineer with expertise in earthquake technology and its application to buildings and other civil engineering works. The scope of the report shall be commensurate with the proposed development and shall reflect the state of art. The seismic report may be combined with the soil and engineering geology reports. d. Final Reports: Rough grade and final soil and engineering geology reports shall be submitted in accordance with Subarticle 13 of this grading manual. 3.5 Permit Issuance A rough grading permit may be issued for a project after approval of a Tentative Map or Tentative Parcel Map, when required, or at any time when a Tentative Map is not required by Code. Grading permits subject to the above subdivision requirements shall not be issued prior to the approval of the Tentative Maps unless otherwise provided in Zoning Regulations or approved by the Director. A precise grading permit may be issued for a project after recordation of a Final Map, when required, or at any time when a Tentative or Final Map is not required by Code, or after approval of a waiver of Final Map. 3.6 Permit Expiration Appendix C. SUBARTICLE 4 FEES 4.1 Plan Checking Fees Plan checking fees on each site shall be based on (1) the volume (cubic yards) of excavation or fill, whichever is greater, and (2) the estimated value of onsite drainage and paving improvements. The amount of the plan checking fee for grading plans shall be as specified by resolution of the City Council. -7- For the purpose of this Section, onsite drainage and paving improvements shall include, but need not be limited to, pavement surfacing, inlets, outlet structures, subsurface drainage devices, rip rap, curb and gutter, and erosion control facilities. Asphalt concrete is classified as a secondary drainage device when used for roadway and parking lot surfacing, or other similar uses for the purposes of determining plan checking and permit fees. No separate charge shall be made for public and private street improvements Y equired by administrative condition of approval and inspected the the Department of Public Works. No separate charge shall be made for standard terrace drains, down drains, or interceptor drains. Separate permits or fees shall apply to retaining walls, major drainage structures, and other improvements as prescribed by the Director. f Plans submitted prior to issuance of permit which are substantially incomplete, or changed from a previous submittal, as determined by the Director, and which require additional plan checking shall require an additional plan check fee to be charged by the Director. The fee for checking substantial revisions to previously approved grading plans for which a valid permit is active, shall be based on the fees computed from the difference of the total new yardage and the previously permitted yardage. The fee increment used shall be the adopted fee in effect at the time the revisions were approve. The fee may be waived if, in the opinion of the Director, it is not warranted due to the minor nature of the changes. Erosion control plans checked subsequent to grading permit issuance shall be treated as a substantial revision for the purpose of determining plan checking fees. 4.2 Grading Permit Fee Grading permit fees on each site shall be based on (1) the volume (cubic yards) of excavation or fill, whichever is greater, and (2) the estimated value of onsite drainage and paving improvements. Onsite drainage and paving improvements shall be considered the same as described for plan checking fees in this Section. The fee for a minimum fee grading permit for inspection purposes only, described in Section "17.05.240, Grading Permits, of the grading code, shall be based on 100 cubic yards of excavation plus the estimated value of onsite drainage improvements to be inspected. The fee(s) for authorizing additional grading work to that under a valid grading permit -8- including erosion control work shall be computed as specified for plan checking substantial revisions in this Section. No allowance for reduced earthwork volume or valuation shall be permitted. 4.3 Grading Permit Renewal Fee The fee for renewing an expired or invalid grading permit shall be as specified in Section 17.05.170, Issuance, Expiration and Renewal, of grading code. 4.4 Reinspection Fee When any reinspection is required due to the negligence of the permit holder, his agent or other responsible persons, or due to the failure of said parties to comply with previous correction instructions, a fee as established by resolution shall be charged by the Director for each such reinspection. The fee shall be paid before any further inspections are made. This Section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this Manual, but as controlling the practice of calling for inspection before the job is ready for such inspection or reinspection. 4.5 Refunds a. Permit fee refunds will be made in an amount equal to eighty (80) percent where work authorized by said permit has not commenced, except that no refund will be made for less than twenty-five (25.00) dollars, and no refund will be made if one (1) year has elapsed from the date of permit issuance. b. Plan check fees are not refundable. SUBARTICLE 5 BONDS 5.1 Types of Bonds In lieu of a surety bond, the applicant may file a cash bond or, if approved by the City Attorney, a letter of credit or Time Certificate of Deposit from financial institutions subject to regulation by the State or Federal government in an amount equal to that which would be required in the surety bond. -9- I 5.2 Bond Amount 'The amount of the bond shall be 100% of the estimated cost of the total cut and fill volume and 100% of the estimated cost of drainage improvements and erosion control facilities being constructed or installed under the permit. The amount of the bond may be reduced by the Director to the extent that it is determined that potential hazards or the nature of the project do not justify the full amount. 5.3 Bond Conditions Lvery bond shall be made on a form approved by the City Attorney, or shall contain the conditions prescribed therein and be approved as to form by the City Attorney. 5.4 Term of Bond The term of each bond shall begin upon the date of permit issuance and shall remain in effect until the completion of the work to the satisfaction of the Director. SUBARTICLE 6 CUTS 6.1 Cut Slopes Zut slopes shall be no steeper than two horizontal to one vertical (2:1). Recommendations shall be included in the soil engineering or engineering geology report for cut slopes to be steeper than five (5) feet in height. The soil engineer shall consider both gross and surficial stability of the slope and provide a written statement approving the design of slope stability. SUBARTICLE 7 FILLS 7.1 Fill Slopes Fill slopes shall be no steeper than two horizontal to one vertical (2:1). 7.2 Preparation of Ground the ground surface shall be prepared to receive fill by removing vegetation; noncomplying fill; topsoil and other unsuitable materials; and by scarifying to provide a bond with the new fill. -10- Where existing slopes exceed five (5) feet in height or are steeper than five horizontal to one vertical (5:1), the ground shall be prepared by benching into,sound bedrock or other competent material, as determined by the soil engineer or engineering geologist and approved by the Director. The lowermost bench beneath the toe of a fill slope shall be a minimum ten (10) feet in width. The ground surface below the toe of fill shall be prepared for sheet flow runoff, or a paved drain shall be provided. Where fill is to be placed over a cut slope, the bench under the toe of the fill shall be at least fifteen (15) feet wide, but the cut slope must be made before placing fill and shall meet the approval of the soil engineer and/or engineering geologist as suitable foundation for fill. Unsuitable soil is soil which is not dense, firm or unyielding, is highly fractured or has a high organic content, and in the opinion of the Director, civil engineer, soil engineer, or engineering geologist, is not competent to support other soil or fill, to support structures, or to satisfactorily perform the other functions for which the soil is intended. 7.3 Fill Material Detrimental amounts of organic material shall not be permitted in fills. Except as outlined below, no rock or similar irreducible material with a maximum dimension greater than twelve (12) inches shall be buried or placed in fills. The Director may permit placement of larger rock when the soil engineer properly devises a method of placement, continuously inspects placement, and approves the fill stability and competency. The following conditions shall also apply: a. Prior to issuance of the grading permit, potential rock disposal area(s) shall be delineated on the grading plan. b. Rock sizes greater than twelve (12) inches in maximum dimension shall be ten (10) feet or more below grade, measured vertically. This depth may be reduced upon recommendation of the soil engineer and approval of the Director providing that the permitted use of the property will not be impaired. c. Rocks greater than twelve (12) inches shall be placed so as to be completely surrounded by soils; no nesting of rocks will be permitted. 7.4 Compaction All fills shall be compacted to a minimum of ninety (90) percent of maximum density -11- • • as determined by the Uniform Building Code Standard No. 70-1 or equivalent, as approved by the Director. Field density shall be determined in accordance with the Uniform Building Code Standard No. 70-2, or equivalent, as approved by the Director. Locations of field density tests shall be determined by the soil engineer or approved testing agency and shall be sufficient in both horizontal and vertical placement to provide representative testing of all fill placed. Testing in areas of a critical nature or special emphasis shall be in addition to the normal representative samplings. Exceptions: a. Fills excepted in Section 17.05.060, Grading Permits, of the Grading Code and where the Director determines that compaction is not a necessary safety measure to aid in preventing saturation, settlement, slipping, or erosion. b. Where lower density and very high potential expansion characteristics as defined by Table No. 29-C of the Uniform Building Code exist, lesser compaction may be granted by the Director upon justification and recommendation by the soil engineer. Fill slopes shall be compacted to the finish slope face as specified above. The soil engineer shall provide specifications for the method of placement and compaction of the soil within the zone of the slope face. Sufficient maximum density determinations by test method, Uniform Building Code Standard No. 70-1 or approved equivalent, shall be performed during the grading operations to verify that the maximum density curves used are representative of the material placed throughout the fill. 7.5 Slope Fill slopes shall be no steeper than two horizontal to one vertical (2:1.) In special circumstances where no evidence of previous instability exists and when recommended in the soil engineering report and approved by the Director, slopes may be constructed steeper than 2:1. In no case shall slopes steeper then 2:1 be approved if 2:1 or flatter slopes are required as a condition of approval of any project by the City Council, Planning Commission, or Zoning Administrator, without appropriate revision of said condition by the approving body. Recommendations in the soil engineering report for fill slopes to be steeper than 2:1 shall be accompanied by a slope stability analysis for all slopes greater than five (5) feet in height. -12- The soil engineer shall consider both the gross and surficial stability of the slope and provide a written statement approving the slope stability. In addition, the soil engineer shall recommend alternative methods of construction or compaction requirements necessary for surficial stability. 7.6 Utility Line Backfill Utility line backfill beneath and adjacent to structures; beneath pavements; adjacent and parallel to the toe of a slope; and in sloping surfaces steeper then ten horizontal to one vertical (10:1), shall be compacted and tested in accordance with the Standard Specifications for Public Works construction. SUBARTICLE 8 SETBACKS 8.1 Setbacks From Permit Area Boundary The tops of cuts and toes of fill slopes shall be setback as far as necessary from the outer property boundaries of the permit area, including slope easements, and in accordance with Detail 1 herein. 8.2 Design Standards For Setbacks The tops and the toes of cut and fill slopes shall be set back from structures as far as is necessary for adequacy of foundation support and to prevent damage of the slopes as a result of water runoff, erosion, or maintenance. Unless otherwise approved by the Director, based on recommendations in the approved soil engineering or engineering geology report, setbacks shall be no less than shown in Detail 1 herein. 8.3 Retaining Walls Retaining walls may be used to reduce the required setback in accordance with Detail 1 when approved by the Director. -13- SUBARTICLE 9 DRAINAGE AND TERRACING 9.1 Terrace Terraces at least six (6) feet in width shall be established at not more than thirty (30) foot vertical intervals on all cut or fill slopes to control surface drainage and debris, except that where only one (1) terrace is required, it shall be at mid-height. Swales or ditches on slope terraces shall have a minimum gradient of six (6) percent and must be paved with reinforced concrete, or approved equal, not less than three (3) inches in thickness. They shall have a minimum depth at the deepest point of eighteen (18) inches and a minimum paved width of five (5) feet. A single run of swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet (projected) without discharging into a down drain. 9.2 Subsurface Drainage Cut and fill slopes shall be provided with approved subsurface drainage as necessary for stability and protection of adjacent properties from the influence of groundwater. The design of such facilities shall be contained in the approved preliminary soil engineering or engineering geology report and shall appear on the approved grading plan pursuant to the approval of the soil engineer or the engineering geologist. Subsurface drainage facilities shall be installed where natural or artificially introduced ground water affects or is likely to affect the project in a potentially unstable, hazardous, or otherwise deleterious manner. F i -14- • DETAIL 1 Min. Setback From Adjacent Slope H (hgt.) Max. Min. H (hgt.) Feet Hw Setback Feet a b c d e f 0-6 3' 3' min. 0<6 3' 7' 3' 5' 1' 6-12 H/2 H/2 H 2 12-13 6' H/2 6-14 5' 7 m' H/2 5' in. H/5 +30 6' 15' 14-30 5' 10H2in H/2 10' /tin. H/5 Table B +3 0 5' 10' 15' 10' 6' —.{ 1' m i n. �--f I Table A � H �Hw e R b� MFD �6�" � Top of Wall.. ' H H FElevation �f MFD Level f Interceptor --_-L-- H �F— d --� Drain a Drainage Fig. A Device NOTES: Fig. B 1. PL shall mean permit area boundary and/or property line; MFD shall mean manufactured surface. 2. Setbacks shall also comply with applicable zoning regulations. 3. Table A applies to manufactured slopes and 2:1 or steeper natural slopes. Setbacks from natural slopes flatter than 2:1 shall meet the approval of the Director. 4. "b" may be reduced to 5' minimum if an approved drainage device is used; roof gutters and downspouts may be required. 5. "b" may be reduced to less than 5' if no drainage is carried on this side and if roof gutters are included. 6. If the slope between "a" and "b" levels is replaced by a retaining wall, "a" may be reduced to zero and "b" remains as shown in Table A. The height of the retaining wall shall be controlled by zoning regulations. 7. "b" is measured from the face of the structure to the top of the slope. 8. "d" is measured from the lower outside edge of the footing along a horizontal line to the face of the slope. Under special circumstances, "d" may be reduced as recommended in the approved soil report and approved by the Director. I 9. The use of retaining walls to reduce setbacks (Fig. B) must be approved by the Director. 10. "f" may be reduced if the slope is composed of sound rock that is not likely to produce detritus and is recommended by the soil engineer or engineering geologist and approved by the Director. 11. "a" and "e shall be 2' when PA coincides with arterial or local street right-of-way and when improved sidewalk is adjacent to right-of-way. 12. "e" shall be increased as necessary for interceptor drains. 9.3 Disposal All drainage facilities shall be designed to carry waters to the nearest practicable drainage way approved by the Director or other appropriate jurisdiction as a safe place to deposit such water. Erosion of ground in the area of discharge shall be prevented by installation of non-erosive down drains, rip rap, energy dissipators or other approved devices and shall provide for a return of flow to a natural sheet flow condition. Where surface waters are to be conducted or directed onto adjacent property in an unnatural manner, the Director may require the applicant, prior to issuance of a grading permit, to obtain written permission from the owner of said property, accepting the surface waters. Building sites shall have a sheet flow drainage gradient of two (2) percent from the structure toward approved swales and/or drainage facilities, unless otherwise waived by the Director. The maximum drainage gradient of an earth swale shall be four (4) percent. Grading of future building sites under a rough grading permit for the purpose of lot sales shall have a sheet flow drainage gradient of two (2) percent toward approved drainage facilities. The Director may reduce this minimum gradient to one (1) percent upon the written request of the applicant or his agent, providing the applicant demonstrates the following: a. Finish grades for drainage of building sites can be constructed in accordance with the requirements of this Section without importing additional fill, and b. Sufficient approved swales and/or drainage facilities are constructed to prevent water from ponding on any lot supported by a natural slope or cut or fill slope over five (5) feet in height. -16- Finish grades, other than above, shall conform to the following minimum drainage gradient standards: Minimum Gradient a. Earth swales 1.0% b. Earth (sheet flow) 1.0% C. Asphalt pavement (sheet flow) 1.0% d. Concrete gutter in asphalt paved area 0.25% 9.4 Interceptor Drains Paved interceptor drains shall be installed along the top of all manufactured slopes where the tributary drainage area flows toward the slope and has a drainage path to top of slope greater than forty (40) feet measured horizontally. Interceptor drains shall be paved with a minimum depth of eighteen (18) inches and a minimum paved width of thirty-six (36) inches measured horizontally across the drain. The slope of the drain shall be approved by the Director. 9.5 Pipe Specifications Pipe material specifications shall be shown on the approved plans or in the approved soil report by the civil engineer or soil engineer and approved by the Director. The pipe shall conform to the currently adopted Standard Specification for Public Works Construction unless otherwise recommended by the civil engineer or soil engineer and approved by the Director. Approved pipe includes: a. Acrylonitrile Butadiene Styrene (ABS) Solid wall pipe 1. Subdrain (a) ASTM D2751, SDR 35 (b) ASTM D1527, Schedule 40 2. Stormdrain (a) SSTM D2751, SDR 35 Maximum velocity, 8 feet per second (b) ASTM D1527, Schedule 40 Maximum velocity, 15 feet per second -17- b. Polyvinyl Chloriflastic Pipe (PVC) • 1. Subdrain (a) ASTM D3034, SDR 35 (b) SSTM D1785, Schedule 40 2. Stormdrain (a) ASTM D3034, SDR 35 Maximum velocity, 8 feet per second (b) ASTM D1785, Schedule 40 Maximum velocity, 15 feet per second C. Reinforced Concrete Pipe (RCP) D-load to be designed and shown on approved grading plans. d. Corrugated Steel Pipe (CSP) Metal thickness to be designed and shown on approved grading plans. Pipe to be bituminous coated. e. Corrugated Aluminum Pipe (CAP) Metal thickness to be designed and shown on approved grading plans. Pipe to be bituminous coated. f. Non reinforced Concrete Pipe Pipe shall be extra strength. The maximum flow design parameters may be exceeded in special circumstances when justified and recommended by the civil engineer and approved by the Director. 9.6 Area Drain Grates The minimum cross-sectional area of area drain grates shall not be less than 100 square inches, and shall contain a grate cover having 50% net opening. 9.7 Conduits Beneath Structures Drainage conduits placed beneath structures shall conform to the requirements for sewer and waste plumbing. PVC and ABS pipes shall be Schedule 40. -18- SUBARTICLE 10 ASPHALT CONCRETE PAVEMENT 10.1 Asphalt Concrete and Untreated Base Standards When asphalt concrete pavement is proposed for surfacing of private parking lots, private streets, or other similar use, this paving, including the tack coat, seal coat and base course, shall conform to the current Department of Public Works special provisions for asphalt concrete and untreated base materials unless otherwise approved by the Director. Exception: The provisions of this Section shall not apply when a private asphalt concrete driveway providing access to a single residence is proposed. Untreated base may require testing by an approved testing agency to insure its compliance with the applicable specifications and special provisions when determined necessary by the Director. Tests may include but shall not be limited to: a. Sieve analysis b. Sand equivalent c. Percent of crushed particles retained by a No. 4 screen. 10.2 Subgrade Compaction The top 6 inches of the subgrade material shall be compacted to a relative compaction of 90 percent of maximum density as determined by Uniform Building Code Standard 70-1 or approved equivalent, unless otherwise recommended by the soil engineer in the preliminary soil report and approved by the Director. 10.3 Soil Sterilization Weed killer shall be required on subgrade if no aggregate base is used. 10.4 Surface Drainage All concentrated drainage in asphalt paved areas shall be carried by approved concrete drainage devices. -19- 10.5 Pavement Structursection • The project soil engineer or design civil engineer shall determine the pavement structural section(s) for parking lots/service roads and private streets based on: (1) soil tests of the subgrade soil(s) performed by an approved soil testing laboratory; and (2) anticipated traffic and/or loading conditions. The methods used for soil testing and pavement design shall be that currently in use by the Department of Public Works for construction of public roadways, or methods acceptable to the Director. Unless otherwise specified by the soil engineer, the relative compaction of each layer of compacted base material shall not be less then 95 percent. When private street improvement plans are required to be approved by the Department of Public Works, the pavement structural section may be determined by the Department of Public Works. In lieu of a recommended structural section from the soil engineer or civil engineer for parking lots/service roads, the following standards may be used: Pavement Structural Section a. Parking stall areas 2" AC/4" AB b. Commercial driveways, perimeter drives, and loading areas 3" AC/6" AB C. Industrial driveways, perimeter drives, and loading areas 3" AC/10" AB 10.6 Driveway Whenever access is taken from a street, alley, or driveway to an off-street parking area serving four (4) or less dwelling units, the driveway or other vehicular access-way shall have a maximum grade of plus fifteen percent (+15%) or minus six percent (-6%), measured from the street, alley, or driveway grade along the driveway center line, for a distance of not less than eighteen (18) feet from the street, alley, or driveway right-of-way line. Whenever access is taken from a street, alley, or driveway to an off-street parking area serving industrial, commercial, or professional uses, public or community facilities, or five (5) or more dwelling units, the driveway or other vehicular access-way shall have a maximum grade of plus fifteen percent (+15%) or a minus two percent (-2%), measured from the street, alley, or driveway grade along the driveway center line for a distance of not more than eighteen (18) feet from the street, alley, or driveway right-of-way line. -20- Request for City Council Action Grading Ordinance November 7, 1994 Page 2 of 5 I ANALYSIS (Continued): 3.1.2 Technical and administrative provisions in the existing code are not adequate to properly regulate grading activities. The proposed new ordinance would more thoroughly address grading specifications and administrative procedures. Current practice is to impose essentially the same grading requirements that are contained within the proposed ordinance. However, these requirements are imposed without authority of the Huntington Beach Municipal Code. 3.2 Background: 3.2.1 The proposed grading ordinance was submitted to the City Council on August 2, 1993. The Council referred the proposed ordinance to the Planning Commission for review and approval prior to further Council action. The proposed ordinance was presented to the Planning Commission during study sessions on October 5, 1993 and November 16, 1993. On February 1, 1994 the Planning Commission approved the proposed ordinance as originally submitted to the City Council. 3.3 Existing Ordinance: 3.3.1 The Huntington Beach Municipal Code (HBMQ presently incorporates, by reference, the Uniform Building Code (UBC) which addresses grading. A copy of the existing grading code, UBC, Chapter 70, is attached as Attachment (e). 3.3.2 The UBC is a nationally adopted code designed primarily to address building issues. The UBC addresses administrative procedures for grading permits, but contains minimal, detailed specifications for grading work. Grading specifications contained in the UBC are intended to be applicable on a nation-wide basis, rather than being applicable to unique, local conditions, and are, necessarily, generalized and vague. 3.3.3 The existing grading ordinance assigns grading regulatory responsibility to the Director of Community Development. However, as a matter of practice, grading within the City is regulated by the Director of Public Works. 3.4 Proposed Ordinance: 3.4.1 It is proposed that the HBMC reference to the UBC be deleted, and that a new grading ordinance be adopted in its place. It is also proposed that HBMC, Sections 17.04.100 and 17.04.110, pertaining to stockpiles, be deleted and incorporated in the new grading ordinance. 3.4.2 Following is a summary of some of the significant features of the proposed grading ordinance which are not included in the existing ordinance: Request for City Council Action Grading Ordinance November 7, 1994 Page 3 of 5 3. ANALYSIS (Continued): (a) Assigns regulatory responsibility for grading operations to the Director of Public Works (§17.05.040(1) & §§17.05.050 - 17.05.075). (b) Sets forth detailed rules and regulations for control of grading design, grading operations, site improvement construction and stockpiles, and establishes administrative requirements for issuance of grading permits, approval of plans, and for inspection of grading construction. (c) Limits hours of work to between 7:00 A.M. and 8:00 P.M. (§17.05.180). (d) Requires grading permit for paving operations involving more than 3,000 square feet of new paving (§17.05.060), and for building additions of more than 400 square feet (§17.05.075). (e) Requires the Director of Public Works to formulate and implement a Grading Manual (17.05.030). 3.4.3 The proposed grading ordinance is modeled after the County of Orange grading ordinance. The County ordinance has been tested and modified over the past 20 years and has served as a model for the cities of Orange, Irvine, and Mission Viejo. The County ordinance contains rather detailed general provisions, and it authorizes County Staff to prepare and update a grading manual which contains detailed specifications and procedures. The City of Orange ordinance contains fewer general provisions than the County ordinance while it delegates more authority to staff to develop grading standards. The proposed ordinance more closely follows the County model. If the proposed ordinance is adopted, then the Director of Public Works would be required to prepare a grading manual with detailed specifications, and to modify that manual as necessary. The authority of the Director to establish design and procedural policy would not extend to modification of provisions specifically addressed within the grading ordinance. A copy of a draft grading manual is attached as Attachment (d). 3.4.4 Provisions of the recently adopted Infill Ordinance are not included in, nor superseded by the proposed grading ordinance. The Infill Ordinance was adopted to address special circumstances, and it is not recommended that provisions of that ordinance be mingled with the proposed grading ordinance. 3.5 Costs Of New Ordinance: 3.5.1 Implementation of the proposed ordinance would not result in additional costs for the City. There may be additional design costs for private property owners who conduct paving operations greater than 3,000 square feet. A grading permit is currently not required for such work, but would be required under the proposed grading ordinance. However, such paving operations are normally associated with development projects which are, as a matter of practice, conditioned to obtain a grading permit. t Request for City Council Action Grading Ordinance November 7, 1994 Page 4 of 5 3. ANALYSIS (Continued): 3.5.2 Grading requirements under the proposed grading ordinance would be more specific than current code requirements, but would not be significantly more stringent than existing requirements. Therefore, it is not expected that there would be additional costs for developers. 3.6 Benefits Of New Ordinance: 3.6.1 It is expected that better control of grading operations would result in improved property values throughout the City because of an expected reduction in the frequency of structural damage, and in reduced future claims against the City for structural damage. 3.7 Staff Responses to Comments Received: 3.7.1 Comments on the proposed ordinance have been received from members of the Planning Commission and from others. Those comments and Public Works Staff responses are listed below: Comment No. 1: The ordinance should contain a requirement for Planning Commission review of projects with more than 25,000 cubic yards of earthwork. Response: The suggested requirement is supported by staff and is already contained within the Ordinance Code rewrite, Paragraph 240.02. It is not recommended to redundantly include such a requirement in the proposed grading ordinance as well as the Ordinance Code, nor is it recommended to include such a requirement only in the grading ordinance. Planning related requirements and procedures are more appropriately regulated through the Ordinance Code, for consistency in departmental jurisdiction and administration of the code. The proposed grading ordinance is a building standard which has traditionally been contained in the Municipal Code. Comment No. 2: The ordinance should include provisions to limit the authority of the Director of Public Works to overrule provisions in a specific plan or other zoning code requirements. Response: Such a provision is not recommended. The proposed ordinance does not empower the Director of Public Works with authority to overrule provisions of a specific plan, or any other code provisions. Therefore, it is not necessary to codify limitations on authority that does not exist. Comment No. 3: The ordinance should include specifications for dealing with contaminated soil. Response: The Fire Department is responsible for regulation of contaminated soil. The requirements for such regulation are codified in Huntington Beach Fire Code, Section 80.105(e) and Fire Department Specification No. 431-92. Upon request of the Fire Department reference to these code sections is included in Section 17.05.150(b) of the proposed ordinance. No further cross referencing or reiteration of requirements is recommended. Request for City Council Action Grading Ordinance November 7, 1994 Page 5 of 5 4. ENVIRONMENTAL STATUS: The recommended action does not constitute a "project" as defined by State CEOA Guidelines, Cal. Gov. Code, § 15378, nor as defined by the California Environmental Quality Act, Cal. Pub Res Code, 2& 1065. Therefore, the recommended action is not subject to provisions of CEQA. 5. FUNDING SOURCE: No funds required. 6. ALTERNATIVE ACTION: (a) Amend and approve the proposed ordinances; OR (b) Deny the recommended action. 7. ATTACHMENTS: (a) Proposed grading ordinance (b) Proposed ordinance pertaining to stockpiles (c) Proposed ordinance pertaining to amendments to appendices of the Uniform Building Code (d) Draft Grading Manual (e) Existing Grading Code from the Uniform Building Code (UBC) MTU:RS:REE:SWM:swm \may\rca\rcagrad.03 ORDINANCE NO. 3259 AN ORDINANCE AMENDING ARTICLE 17 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 17.05 RELATING TO GRADING AND EXCAVATION The City Council of the City of Huntington Beach does ordain as follows: SECTION 1. Huntington Beach Municipal Code is amended to add Section 17.05, said section to read as follows: Chapter 17.05 GRADING AND EXCAVATION CODE Sections: 17.05.010 Title 17.05.020 Scope 17.05.030 Grading Manual 17.05.040 Definitions 17.05.050 Grading Permits 17.05.060 Grading Permit, Paving 17.05.070 Grading Permit, Watercourse Alteration 17.05.080 Temporary Stockpile Permit 17.05.075 Grading Permit, Construction 17.05.090 Types of Grading Permits 17.05.100 Enforcement 17.05.110 Violation And Penalties 17.05.120 Hazardous Conditions 17.05.130 Application For Permit 17.05.140 Plans And Specifications 17.05.150 Soils And Geology Reports 17.05.160 Issuance, Expiration, And Renewal 17.05.170 Denial Of Permit 17.05.180 Time Of Grading Operations 17.05.190 Responsibility of Permittee. 17.05.200 Protection Of Adjoining Property 17.05.210 Import And Export Of Earth Material 17.05.220 Grading Plan Check Fees 17.05.230 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 System 1 6/k/grading/10/5/94 17.05.320 Erosion Control Plan 17.05.330 Erosion Control Maintenance 17.05.340 Inspection Authority 17.05.350 Engineer of Record Responsibility 17.05.360 Notification Of Non-Compliance 17.05.370 Transfer Of 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 may be cited as the "City of Huntington Beach Grading and Excavation Code." "Code" as referred to in this Chapter, unless the context clearly indicates otherwise, shall mean the "City of Huntington Beach Grading and Excavation Code." 17.05.020 Scope. This Code sets forth rules and regulations to control excavation, grading, earthwork and site improvement construction, and establishes administrative requirements for issuance of permits and approval of plans and inspection of grading construction. 17.05.030 Grading Manual. The Director of Public Works shall formulate and modify as necessary such rules, procedures, and interpretations as may be necessary or convenient to administer this Chapter. Such rules, procedures and interpretations shall be referred to as the "City of Huntington Beach Grading Manual" or the "Grading Manual." In the event of any conflict between said Grading Manual and this Code, the provisions of this Code shall govern. The provisions of the said Grading Manual shall, to the extent that they are made conditions of any permit by the Director of Public Works, be binding on the permittee. 17.05.040 Definitions. (a) Approval, unless otherwise specified, shall mean a written engineering or geological opinion by the responsible engineer or geologist of record concerning the progress and completion of the work. (b) Approved plans shall mean the current grading plans which bear the signature of approval of the Department of Public Works. (c) Approved testing agency shall mean a facility whose testing operations are controlled and monitored by a registered civil engineer and which is equipped to perform and certify the tests required by this Code, or the Grading Manual, as determined by the Director of Public Works. (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. 2 6/k/grading/10/31/94 (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 registered in the State of California to practice in the field of civil engineering. (h) Civil Engineering shall mean the application of the knowledge of the forces of nature, principles of mechanics, and the properties of materials for the evaluation, design, and construction of civil works for the beneficial uses of mankind. (i) Clearing, brushing, and grubbing shall mean the removal of vegetation (grass, brush, trees, and similar plant types) by mechanical means. Q) 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 Director of the City of Huntington Beach Public Works Department or a duly delegated representative. (m) Earth Material shall mean any rock, natural soil fill, or any combination thereof. (n) Engineering Geologist shall mean a geologist certified in the State of California to practice engineering geology. (o) Engineering Geology shall mean the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works. (p) Erosion shall mean the wearing away of the ground surface as a result of the movement of wind, or water. (q) Erosion control system shall mean a combination of desilting facilities and erosion protection to protect adjacent private property, watercourses, public facilities and receiving waters from any abnormal deposition of sediment or dust. (r) Excavation shall mean the 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. 3 Wgrading/10/5/94 (u) Grading shall mean any excavating or filling. (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 permit shall mean an official document or certificate issued by the Director of Public Works or delegated representative authorizing grading activity as specified byapproved plans and specifications. (x) Hillside site shall mean a site which entails cut and/or fill grading of three feet or more in vertical height below or above natural ground; or a combination fill-over-cut slope equal to or greater than five feet in vertical height; or where the existing grade is twenty percent or greater. (y) Mobilehome shall mean a structure, transportable in one or more sections, designed and equipped to contain not more than two dwelling units to be used with or without a foundation system. Mobilehome does not include recreational vehicle, commercial coach, or factory-built housing. (z) Owner shall mean any person, agency, firm, or corporation having a legal or equitable interest in a given real property. (aa) Permanent erosion control devices shall mean improvements which remain throughout the life of the development; they include terrace drains, down drains, slope landscaping, channels, and storm drains. (bb) Precise grading permit shall mean a permit that is issued on the basis of approved plans which show precise structure locations, finish elevations, and on-site improvements. (cc) Rough grading permit shall mean a permit that is issued on the basis of approved plans which need not show a structure location, but must show interim building pad drainage 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. (ff) Slope shall mean an inclined ground surface, the inclination of which is expressed as a ratio or percentage. (gg) Soil Engineer shall mean a civil engineer duly registered in the State of California whose field of expertise is soil mechanics. (hh) - 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. 4 6/k/grading/1015/94 (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 timel 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 successive periods of 1180 days each, upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. (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 plan,s 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. 1 The Director may require that grading operations and project designs be modified if delays occur which include weather related problems not considered at the time the permit was issued, and further subject to the provisions of Section 17.05.170, "Denial of Permit, of this Code." If the permittee is unable to complete the work by the end of a two year period, the Director may renew the grading permit on an annual basis for a fee of one-half,the amount required for the original permit for such work, provided no changes have been made in the original plans and specifications for such work. 17.05.170 Denial of Permit. If (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 Iresult 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. i (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. (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. I (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 i 6/k/grading/10/5/94 11 Permit may be denied if the proposed project cannot be designed in accordance with these rules, regulations, or conditions. 17.05.180 Time of Grading Operations. 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. 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. 17.05.200 Protection of Adioining Property. Each adjacent owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement as provided by law. 17.05.210 Import and Export of Earth Material. Where an excess of 5,0Q0 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: (a) Either water or dust palliative or both must be applied for the alleviationl or prevention of excessive dust resulting from the loading or transportation of earth from, to, or within the project site on public roadways. The permittee shall be responsible'for maintaining public rights-of-way used for handling purposes in a condition free of dust, earth or debris attributed to the grading operation. 1 (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. (c) Access roads to the premises shall be only at points designated on the approved grading plan. (d) The last 50 feet of the access road, as it approaches the intersection with the public roadway, shall have a grade not to exceed three percent 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. I 12 6/k/grading/10/5/94 (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. i (f) An advance warning sign must be posted on the public roadway 400 feet on each side of the access intersection, carrying the words "Truck Crossing." The sign shall be diamond shaped, each side being 30 inches in length, shall have a yellow background, and the letters thereon shall be five inches'in height. The sign shall be placed six feet from the edge of the pavement, and the base of the sign shall be five feet above the pavement level. The advance warning sign shall be covered or removed when the access intersection is not in use. (g) If the grading project includes the movement of earth material to or from the site in an amount considered substantial by the Director, the permittee shall submit the haul route for review and approval by the Director. The Director may require, as a'special condition of the grading permit, alternate routes or special requirements in consideration of the possible impact on the adjacent community environment or effect on the public right-of-way. 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. 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. 17.05.240 Cost Recovery Fees. If the City performs emergency work on private property, the property owner shall be charged all direct and indirect costs which are necessary to complete the work to the Director's satisfaction. In addition, the Director may charge a mobilization cost equal to 10 percent of the cost for performing the work. 17.05.250 Security. (a) A grading permit shall not be issued unless the permittee shall first post with the Director security in a form and amount set forth in the Grading Manual. The security is required to assure that the work, if not completed in accordance with approved plans and specifications, will be corrected to eliminate hazardous conditions.; This requirement may be waived at the discretion of the Director if it is determined that: 1. No hazardous situation is likely to occur as a result of incomplete or improper grading, and 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 i 3. No significant drainage, erosion, flooding, or siltation problems will exist as a result of incomplete or improper grading, and i 13 6/k/grading/10/5/94 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 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 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 1705.240. 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. 1. 17.05.270 Fills. Fill slopes shall be no steeper than two horizontal to one vertical (2:1) unless otherwise recommended in the soil engineering report and approved by the Director. The slope of fill surfaces shall be no steeper than is safe for the intended use. 17.05.280 Setbacks. Structures shall be set back from the tops and toes of slopes as specified in the Grading Manual. 17.05.290 Drainage and Terracing. Drainage facilities and terracing shall conform to the provisions of the Grading Manual unless otherwise approved by the Director and delineated on the approved grading plan. 14 6/k/grading/10/5/94 17.05.300 Asphalt Concrete Pavement. (a) Asphalt concrete pavement for surfacing of parking lots, private streets, or other similar uses shall conform to the provisions of the Grading Manual unless otherwise approved by the Director. (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. 17.05.310 Erosion Control System. (a) The faces of cut and fill slopes and the project site shall be prepared and maintained to control erosion in accordance with this Code. (b) Where necessary, temporary or permanent erosion control devices such as 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 15 to April 15. (c) No grading work in excess of 200 cubic yards will be allowed between October 15 and April 15 on a grading site under permit unless an erosion control system has been approved or waived by the Director. (d) Paved streets, sidewalks, and other improvements shall be maintained in a neat and clean condition free of loose soil, construction debris, and trash. Street sweeping or other equally effective means shall be used on a regular basis to prevent storm flows from carrying sediment and debris outside the project boundaries. Watering shall not be used to clean streets except for fine material not otherwise removed by sweeping or other mechanical means. (e) Unless otherwise approved by the Director, the owner shall be required to retain a civil engineer who will be responsible for the design of all erosion control improvements and initial approval of the installation of permanent and semi-permanent erosion control devices during each rainy season, until the work authorized by the permit is given final approval. The owner shall retain the civil engineer to periodically review the field condition and modify, as needed, the design of the permanent and semi-permanent erosion control devices during the rainy season. Installation and maintenance of all erosion control devices shall be the responsibility of the owner. (f) Desilting facilities shall be provided and maintained by the owner at drainage outlets from the graded site. (g) Desilting basins shall be designed to provide a minimum desilting capacity equal to the current City of Huntington Beach standards. (h) Equipment and workers for emergency work shall be made available at all times during the 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. 15 6/k/grading/10/5/94 (i) Erosion protection shall consist of effective planting of all slopes in excess of five feet high unless otherwise approved by the Director. Slopes exceeding 15 feet in height may require an adequate sprinkler system, as determined by the Director. Protection for slopes shall be installed as soon as practicable. Effective planting shall be installed, fully germinated, and effectively cover the required slopes prior to final approval, unless otherwise approved by the Director. (j) Design of erosion control provisions shall consider drainage patterns during present and future phases of grading throughout the rain season. (k) All removable protective devices shown shall be in place at the end of each working day when the three day rain probability forecast exceeds 40 percent. (1) Graded areas around the project site perimeter shall drain away from the face of slopes at the conclusion of each working day. 17.05.320 Erosion Control Plans. Erosion control plans prepared by the engineer of record and in accordance with provisions of the Grading Manual shall be submitted to the Director for approval by September 15 of each year for projects under 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 15. 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. (c) Devices shall not be moved or modified without the approval of the Director. (d) The owner shall take necessary precautions to prevent public trespass onto areas where impounded water creates a hazardous condition. (e)* The owner shall be responsible for continual maintenance of the devices during the rain season. In the event of failure or refusal by the owner to properly maintain the devices, the Director may cause emergency maintenance work to be done to protect adjacent private and public property. The cost shall be charged to the owner and shall include an initial mobilization cost, and the cost of doing the work. (f) If any grading subject to Section 17.05.060, "Grading Permits," of this Code is commenced on private property without a valid grading permit, the owner may be required to prepare and implement an erosion control plan which has been approved by the Director. In the event of failure by the owner to install an approved erosion control system, the Director may cause emergency work to be done to protect adjacent private and public property. The procedures of Section 17.05.120, "Hazardous Conditions," of this Code, need not apply for emergency erosion control work between October 15 and 16 6/k/grading/10/5/94 April 15. The cost shall be charged to the owner in accordance with item (e) of this section. 17.05.340 Inspection Authority. All grading operations for which a permit is required shall be subject to inspection by the Director. 17.05.350 Engineer of Record Responsibility. (a) It shall be the responsibility of the civil engineer of record who prepares the grading plan approved by the Director, to incorporate all recommendations from the soil engineering and engineering geology reports into the grading plan. The engineer of record shall be responsible for the professional inspection and approval of the grading within his other area of technical 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 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 fills, the stability of cut slopes with respect to geological matters, and the need for subdrains or other ground water drainage devices. The engineering geologist shall report findings to the soil engineer and the civil engineer for engineering analysis. (d) The Director may inspect the project at various stages of work requiring approval to determine that adequate control is being exercised by the responsible professionals. 17.05.360 Notification of Non-Compliance. If, in the course of fulfilling their responsibility under this Code, the civil engineer, 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 copies of all recommendations and reports to the Director. 17.05.370 Transfer of Responsibility for Approval. If the civil engineer, the soil engineer, the engineering geologist, the testing agency, or the grading contractor of record are changed during the course of the work, the work shall be stopped unless: 1) the owner submits a letter of notification to the Director verifying the change of the responsible professional; and 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. 17 6/k/grading/10/5/94 I • • 17.05.380 Site Inspection by the City Inspector. (a) Prior to the approval of any building or grading plans and specifications, the City Inspector may inspect the site to determine that the plans and specifications are current and reflect existing conditions. (b) :The contractor or agent shall notify the City Inspector if, during the course of grading operations, contaminated soil is uncovered. (c) The permittee or agent shall notify the City Inspector when the grading operations for which inspection is required are ready for inspection. (d) If the Inspector finds the soil or other conditions not as stated in the approved plans and soil or geology reports, or as in additional information which was required for issuance of the grading permit, the Inspector may refuse to allow further work until approval is obtained for a revised grading plan which will conform to the conditions. (e) The provisions of Section 202(d), Stop Orders, of the Uniform Building Code, shall apply to all grading work, and whenever the City Inspector determines that any work does not comply with the terms of a permit, or this Code, or that the soil or other conditions are not as stated on the permit, the Inspector may order the work stopped by notice.in writing served on any persons engaged in doing or causing of such work to be done and any such persons shall forthwith stop such work until authorized by the City Inspector to proceed with the work. 17.05.390 Special Inspections. The Director may establish special inspection requirements in accordance with Section 306, Special Inspection, of the Uniform Building Code, as amended for special cases involving grading or paving related operations. Special cases may apply to work, where in the opinion of the Director, it is necessary to supplement the sources or expertise available for inspection. .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. 17.05.410 Notification of Completion. The permittee or agent shall notify the City Inspector when the grading operation is ready for final inspection. All work, including installation of all drainage facilities and their protective devices and all erosion control measures, must be completed in accordance with the final approved grading plan and the 18 6/k/grading/10/5/94 required reports approved by the Director before final approval of the grading permit may be given by the City Inspector. SECTION 2. This ordinance shall take effect thirty (30) days after adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of November , 1994. ATT ST: Mayor 4 r,4 P�- APPROVED AS TO FORM: City Clerk EWED ND -6 y City Attorney �C 7z t,,AeA=,Ce-----JNIT-1ATED AND APPROVED: tydministr i � Director 07Public Works 19 6/k/grading/10/5194 Ord. No. 3259 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 an regular meeting thereof held on the 17th day of October, 1994, and was again read to said City Council at a regular meeting thereof held on the 7th of November, 1994, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. . AYES: Councilmembers: Silva, Bauer, Robitaille, Moulton-Patterson, Winchell, Leipzig, Sullivan NOES: Councilmembers: None ABSENT: Councilmembers: Robitaille (out of room) Y � • City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ORDINANCE NO. 3260 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY DELETING SECTIONS 17 . 04 . 100 and 17 . 04 . 110 PERTAINING TO STOCKPILES. WHEREAS, the City Council wishes to update the composition of the Municipal Code of the City of Huntington Beach. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows : That Sections 17 . 04 . 100 and 17. 04 . 110 of the Huntington Beach Municipal Code are hereby repealed -- PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of November 19 94: . Mayor ATTE APPROVED AS TO FORM: City Clerk 5 Cit , Attorney / 3 AND P NITIATED D PROVED: T .� City Adminis ator Direct r, Public Works. AFJ204 _ - Attachment (b) Ord. No. 3260 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 an regular meeting thereof held on the 17th day of October, 1994, and was again read to said City Council at a regular meeting thereof held on the 7th of November. 1994, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Councilmembers: Silva, Bauer, Robitaille, Moulton-Patterson, Winchell, Leipzig, Sullivan NOES: Councilmembers: None ABSENT: Councilmembers: Robitaille (out of room) City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,,California ORDINANCE NO. 3261 . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 17 . 04 . 090 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO THE UNIFORM BUILDING CODE WHEREAS, the City of Huntington Beach has previously incorporated certain provisions of the Uniform Building Code; and The City Council desires to amend the Municipal Code to delete certain previously adopted provisions of the Uniform Building Code, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows : SECTION 1. The Section 17. 04 . 090 of the Huntington Beach Municipal Code is hereby amended to read as follows : 17. 04 . 090 Amendments to appendices . The Uniform Building Code is hereby amended by deleting from the appendices Chapters 1, 12, 23, 38, 51, 53, 57 and 70 . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular, meeting thereof held on the 7th day of November 1994 . Mayor ATTEST: APPROVED AS TO FORM: G� i• City Clerk City Attorney • 7/3-53 '7-��-q3 EVIE WED A PP ED: INITIATED ND APPROVED: ity Ad i i t ato m Dir ::tor of Public Works 7/13/93 :211: sg -1- � Attachment (c) - - - Ord. No. 3261 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 an regular meeting thereof held on the 17th day of October, 1994, and was again read to said City Council at a r_e�lar meeting thereof held on the 7th of November. 1994, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Councilmembers: Silva, Bauer, Robitaille, Moulton-Patterson, Winchell, Leipzig, Sullivan NOES: Councilmembers: None ABSENT: Councilmembers: Robitaille (out of room) City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California TABLE OF CONTENTS (Continued) "-Section Number Section Title Page SUBARTICLE 8 SETBACKS 8.1 Setbacks from Permit Area Boundary.............................................. 13 8.2 Design Standards for Setbacks...:..................................................... 13 r....._ 8:3 _. ... Retaining Walls............................................................................... 14 ------SUBARTICLE 9 DRAINAGE AND TERRACING 9.1 Terrace........................................................................................... 14 9.2 Subsurface Drainage....................................................................... 14 9.3 Disposal......................................................................................... 16 9.4 _t� rceptor Drains........................................................................... 17 9.5 Pipe Specifications.......................................................................... 17 9.6 Area Drain Grates........................................................................... 18 9.7 Conduits Beneath Structures........................................................... 18 . SUBARTICLE 10 ASPHALT CONCRETE PAVEMENT 10.1 Asphalt Concrete and Untreated Base Standards.............................. 19 10.2 — .Subgrade Compaction..................................................................... 19 10.3_... _.. Soil Sterilization........................ -.., ..................................... 19 _,.....LL.;....�_...- _ 10.4 Surface Drainage....................... .. ..._.,.................................... 19 10.5 Pavement Structural Section........................................................... 19 10.6 Driveways......................................................................................20 SUBARTICLE 11 EROSION CONTROL 11.1 Information on Erosion Control Plans.............................................. 21 SUBARTICLE 12 -GRADING INSPECTION 12.1 Site Inspection by the Director of Public Works............................... 21 12.2 Alternate Materials and Methods of Construction............................25 SUBARTICLE 13 COMPLETION OF WORK 13.1 Final Reports.................................................................................. 26 P3 G-r a d i n g- _M a-n u a 1 - ii GRDGMNL.Doc - - _ - -- Attachment (fil CITY OF HUNTINGTON BEACH GRADING MANUAL DEPARTMENT OF PUBLIC WORKS SUBARTICLE 1 - GENERAL PROVISIONS. 1.1 -- -.Authority City of Huntington Beach Grading and Excavation Code Section 17.05, Grading Manual, authorizes the Director of Public Works to formulate such rules, procedures, and interpretations as may be necessary or convenient to administer the Grading Code. Such rules, procedures, and interpretations, and amendments thereto, shall be referred to.as the "City of Huntington Beach Grading Manual". 1.2 Scope and Purpose The City of Huntington Beach Grading Manual (hereinafter referred to as grading manual) is a compilation of rules, procedures, and interpretations necessary to carry out the provisions of the City of Huntington Beach Grading Code. „ The grading manual is organized to follow the content of sections in the grading code. The purpose of the grading manual is to assist users of the grading code by supplementing it with detailed information regarding rules, interpretations, standard specifications, procedures, requirements, forms, and other information applicable to control excavation, grading, and earthwork construction in the City of Huntington Beach. Should any portion of the grading manual be found to be in conflict with the provisions of the grading code, the grading code provision shall govern. 1.3 Adoption and Revision The provisions of the grading manual, including revisions or additions thereto, shall be prepared by the Director. SUBARTICLE 2 - DEFINITIONS Definitions The definitions contained in this manual are supplemental to those contained in the grading code. G r a.d i n g M a n.u_a1 1 GRDGMNL.Doc Attachment_ (rl) _ As-graded shall mean the surface conditions existent upon completion of grading. Bedrock shall mean relatively-unweathered, consolidated or relatively hard formation that underlies the soil and other unconsolidated material. Bench shall mean a relatively level step excavated into earth materials on which fill is to be placed. Fault shall mean a fracture in.the earth's crust along which movement has occurred. A fault is considered active if movement has occurred within the last+11,000 years (Holocene geologic time.) Flatland Site shall mean any site which does not fit the definition of a hillside site. Hillside Site shall mean a site which entails cut 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 20 percent or greater; and which may be adversely affected by drainage or stability conditions within or from outside the site, or which may cause an adverse effect on adjacent property. Key shall mean a_. designed compacted fill placed, in a trench excavated in_earth material beneath the toe of a proposed,ill slope. Ke may shall mean an excavated trench into competent earth material beneath the toe of a proposed fill slope. Retaining Wall shall mean a wall designed to resist the lateral displacement of soil or other materials. Slope Stability: Gross Slope Stability shall mean the stability of slope material below a plane approximately three (3) to four (4) feet deep measured from and perpendicular to the slope face. Surface Slope Stability shall mean the stability of the outer three (3)to four (4) feet of slope material measured from and perpendicular to the slope face. Grading Manual _-_ 2 __ _GRDGMNL.Doc Attachment (rl) - _ SUBARTICLE 3 - GRADING PERMIT REQUIREMENTS 3.1 Grading Permit Application A grading permit application shall consist of the following items and forms completed and signed by the applicant or representative, unless otherwise specified by the Director: Application form b. Six sets of grading plans C. Two copies of a preliminary soil report(if required) d. Two copies of a preliminary geology report(if required) e. Payment of grading plan check and inspection fee f. Three sets of erosion control plans. g. Two copies of hydrology and hydraulic calculations, if applicable 3.2 Grading Plan Clearance The Director shall notify the applicant that, prior to issuance of a grading permit, written clearance will be required from other Divisions within the City of Huntington Beach and may be required from other agencies. Depending on ---site conditions and-location, written clearance or permits may be required from, but not limited to, the following agencies: a. California Regional Water Quality Control Board b. California Department of Fish and Game C. California Coastal Commission d. California Division of Industrial Safety e. City of Huntington Beach Fire Department(fuel modification) Upon notification by the Director, the applicant shall be responsible for submitting copies of grading plans and information required by those divisions or agencies and obtaining required clearance or permits. 3.3 Grading Plan Check Information on Plans: Plans submitted for plan check shall be drawn to scale upon City of Huntington Beach standard grading sheets available from the Engineering Division or upon Mylar or linen, using the same format. The plans shall be of sufficient clarity to indicate the nature and extent of the work proposed, and must show in detail that the project will conform to the provisions of this grading manual, the Grading and Excavation Code, and all relevant laws, ordinances, rules, and regulations. Z� F U Grading Manual - 3 GRDGMNL.Doc Attachment (d) The first sheet of each set of plans shall give the location of the work and the name and address and telephone number of the owner, the person by whom the plans were prepared, the project soil engineer, engineering geologist, and when required,the project paleontologist and archaeologist. a. Rough Qr4ding Permit: The plans shall include,but not be limited to,the following information: 1. Vicinity map of the site. 2. Property limits clearly labeled or otherwise identified. 3. Prominent existing or natural terrain features, and accurate contours of existing ground and details of terrain and area drainage a minimum of fifteen (15) feet beyond property limits (spot elevations may be used on flatland sites.) 4. Limiting dimensions including setbacks between property lines and top and toe of slopes, elevations of finish contours to be achieved by the grading,proposed drainage devices, and related construction. 5. Details (plan and section) of all surface and subsurface drainage devices, walls, cribbing, dams, and other protective devices to be constructed with, or as a part of,the proposed work,together with a map showing the drainage area and estimated runoff from the area served by any drains. 6. Location of any existing buildings or structures on the property where the work is to be performed, and locations of any buildings or structures on land of adjacent owners which are within fifteen(15) feet of the property, or which may be adversely affected by the proposed grading operations. 7. 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 a haul route plan for review and approval by the City of Huntington Beach Traffic Engineer prior to the issuance of a grading permit. The Traffic Engineer may suggest alternate routes or special requirements in consideration of the possible impact on the adjacent community environment or effect on the public right-of-way itself, which the Director shall prescribe as a condition of the grading permit. There shall be no additional fee for the haul route plan check. Grading Manual 4 GRDGMNL.Doc Attnehmnnt (rll 8. Additional plans, drawings, calculations, environmental impact information, or other reports required by the Director. b. Precise Grading Permit: The plans shall include the following, in addition to the above items listed for Rough Grading Permits: 1. The footprint or allowable building-area of all proposed structures (including appurtenances.) 2. Setback distances between structures and top and toe of slopes. 3. Detailed finish grade and finish floor elevations. 4. Flowlines for lot drainage. 5. Details for building footing and side-yard Swale relationship (including extra height of footing.) 6. All proposed concrete flatwork or driveways. The Precise Grading Plan shall identify all previous rough grading permits issued for the project site. It may include sheets from the rough grading plan which show original topography in lieu of reproducing original contours on the precise grading plan. 3.4 Soil and Engineering Geology Report Content Two copies of each report required by this grading manual shall be submitted as part of the application for a grading permit. Each report shall contain all information applicable to the project. Recommendations contained in the approved reports shall be incorporated into the grading plans and specifications and shall become conditions of the grading permit. Q Grading. M-a_n u-a-1 - 5 GRDGMNL.Doc _ - -- - Attachment frll a. Preliminary Soil Report: .Soil engineering reports shall be required for all subdivision, commercial/industrial, multi-residential, and similar developments involving structures or earthwork for which a grading permit is required. Soil reports shall also be required for grading or building permits on single lot projects when specified by the Director. The preliminary soil engineering report shall include information and data regarding the nature, distribution, and the physical and chemical properties of existing soils; conclusions as to adequacy of the site for the proposed grading; recommendations for general and corrective grading procedures; foundation and pavement design criteria and shall provide other recommendations, as necessary, commensurate with the-project grading and development. b. Preliminary Engineering Geology Report: Engineering geology reports shall be required for all developments on hillside sites where geologic conditions are considered to_have a substantial effect on existing and future site stability. This requirement may be extended to other sites suspected of being adversely affected by faulting. The preliminary engineering geology report shall include a comprehensive description of the site topography and geology; an opinion as to the adequacy of the proposed development from an engineering geologic standpoint; an opinion as to the extent that instability on adjacent properties may adversely affect the project; a description of the field investigation and findings; conclusions regarding the effect of geologic conditions on the proposed development; and specific recommendations for plan modification, corrective grading or special techniques and systems to facilitate a safe and stable development, and shall provide other recommendations as necessary, commensurate with the project grading and development. The preliminary engineering geology report may be combined with the soil engineering report. C. Seismicity Report: A seismicity report shall be required as a condition for issuance of a grading permit and/or Building Permit for all subdivisions (tracts), and for all sites for critical Gra_ding __Manual 6_ _ GRDGMNL.Doc - AttarhmPnt (HI_ -- - - structures (fire stations, nursing homes, etc.) and major structures, as determined by the Director. Additionally, sites containing earthquake sensitive earth materials or sites that are located on or near potentially active or active faults shall also require a seismicity report, as determined by the Director. The report shall be prepared by an engineering geologist,geophysicist, or a civil engineer with expertise in earthquake technology and its application to buildings and other civil engineering works. The scope of the report shall be commensurate with the proposed development and shall reflect the state of art. The seismic report may be combined with the soil and engineering geology reports. d. Final Reports: Rough grade and final soil and engineering geology reports shall be submitted in accordance with Subarticle 13 of this grading manual. 3.5 Permit Issuance A rough grading permit may be issued for a project after approval of a Tentative Map or Tentative Parcel Map, when required, or at any time when a Tentative Map is not required by Code. Grading permits subject to the above subdivision requirements shall not be issued prior to the approval of the Tentative Maps unless otherwise provided in Zoning Regulations or approved by the Director. A precise grading permit may be issued for a project after recordation of a Final Map, when required, or at any time when a Tentative or Final Map is not required by Code, or after approval of a waiver of Final Map. 3.6 Permit Expiration Appendix C. SUBARTICLE 4 - FEES 4.1 Plan Checking Fees Plan checking fees on each site shall be based on (1) the volume (cubic yards) of excavation or fill, whichever is greater, and (2)the estimated value of onsite drainage and paving improvements. The amount of the plan checking fee for grading plans shall be as specified by resolution of the City Council. DD, L% [F7 Grading Manual 7 _ GRDGMNL.Doc - AttachmPnt (rl) - - For the purpose of this Section, onsite drainage and paving improvements shall include, but need not be limited to, pavement surfacing, inlets, outlet structures, subsurface drainage devices, rip rap, curb and gutter, and erosion control facilities. _,Asphalt concrete is classified_as a_secondary drainage device when used for roadway and parking lot surfacing, or other similar uses for the purposes of determining plan checking and permit fees. No separate charge shall be made for public and private street.improvements required by administrative condition of approval and inspected the the Department of Public Works. No separate charge shall be made for standard terrace drains, down drains, or interceptor drains. Separate permits or fees shall apply to retaining walls, major drainage structures, and other improvements as prescribed by the Director. Plans submitted prior to issuance of permit which are substantially incomplete, or changed from a previous submittal, as determined by the Director, and which require additional plan checking shall require an additional plan check fee to be charged by the Director. The fee_for checking substantial.revisions to previously approved grading.plans for which a valid permit is active, shall be based on the fees computed from the difference of the total new yardage and the previously permitted yardage. The fee increment used shall be the adopted fee in effect at the time the revisions were approve. The fee may be waived if, in the opinion of the Director, it is not warranted due to the minor nature of the changes. Erosionscontrol plans checked subsequent to grading permit issuance shall be treated as a substantial revision for the purpose`of determining plan checking fees. 4.2 Grading Permit Fee Grading permit fees on each site shall be based on (1) the volume (cubic yards) of excavation or fill, whichever is greater, and (2) the estimated value of onsite drainage and paving improvements. Onsite drainage and paving improvements shall be considered the same as described for plan checking fees in this Section. The fee for a minimum fee grading permit for inspection purposes only, described in Section 17.05.240, Grading Permits, of the grading code, shall be based on 100 cubic yards of excavation plus the estimated value of onsite drainage improvements to be inspected. The fee(s) for authorizing additional grading work to that under a valid grading permit D �/Z1 Grading Manual 8 _ . _GxDGMNL.Doc. AttnehmPnt (ril including erosion control work shall be computed as specified for plan checking substantial revisions in this Section. No allowance for reduced earthwork volume or valuation shall be permitted. 4.3 Grading Permit Renewal Fee The fee for renewing an expired or invalid grading permit shall be as specified in Section 17.05.170, Issuance, Expiration and Renewal, of grading code. 4.4, Reinspection Fee When any reinspection is required due to the negligence of the permit holder, his agent or other responsible persons, or due to the failure of said parties to comply with previous correction instructions, a fee as established by resolution shall be charged by the Director for each such reinspection. The fee shall be paid before any further inspections are made. This Section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this Manual, but as controlling the practice of calling for inspection before the job is ready for such inspection or reinspection. 4.5 Refunds a. Permit fee refunds will be made in an amount equal to eighty(80) percent where work authorized by said permit has not commenced, except that no refund will be made for less than twenty-five (25.00) dollars, and no refund will be made if one(1)year has elapsed from the date of permit issuance. b. Plan check fees are not refundable. SUBARTICLE 5 - BONDS 5.1 Types of Bonds In lieu of a surety bond,the applicant may file a cash bond or, if approved by the City Attorney, a letter of credit or Time Certificate of Deposit from financial institutions subject to regulation by the State or Federal government in an amount equal to that which would be required in the surety bond. -Gr-ading Manual 9 GRDGMNL.Doc - Attachment (rl) 5.2 Bond Amount The amount of the bond shall be 100% of the estimated cost of the total cut and fill volume and 100% of the estimated cost of drainage improvements and erosion control facilities being constructed or installed under the permit. The amount of the bond may be reduced by the Director to the extent that it is determined that potential hazards or the nature of the project do not justify the full amount. 5.3 Bond Conditions Every bond shall be made on a form approved by the City Attorney, or shall contain the conditions prescribed therein and be approved as to form by the City Attorney. 5.4 Term of Bond The term of each bond shall begin upon the date of permit issuance and shall remain in effect until the completion of the work to the satisfaction of the Director. SUBARTICLE 6 - CUTS 6.1 Cut Slopes Cut slopes shall be no steeper than two horizontal to one vertical (2:1). Recommendations shall be included in the soil engineering or engineering geology report for cut slopes to be steeper than five (5) feet in height. The soil engineer shall consider both gross and surficial stability of the slope and provide a written statement approving the design of slope stability. SUBARTICLE 7 - FILLS 7.1 Fill Slopes Fill slopes shall be no steeper than two horizontal to one vertical(2:1). i 7.2 Preparation of Ground The ground surface shall be prepared to receive fill by removing vegetation; noncomplying fill; topsoil and other unsuitable materials; and by scarifying to provide a bond with the new fill. EDnA [FU Grading Manual 10 - GRDGMNL.DGc - Attachment--(d) - - - Where existing slopes exceed five (5) feet in height or are steeper than five horizontal to one vertical (5:1), the ground shall be prepared by benching into sound bedrock or other competent material, as determined by the soil engineer or engineering geologist and approved by the Director. The lowermost bench beneath the toe of a fill slope shall be a minimum ten (10) feet in width. The ground surface below the toe of fill shall be prepared for sheet flow runoff, or a paved drain shall be provided. Where fill is to be placed over a cut slope, the bench under the toe of the fill shall be at least fifteen (15) feet wide, but the cut slope must be made before placing fill and shall meet the approval of the soil engineer and/or engineering geologist as suitable foundation for fill. Unsuitable soil is soil which is not dense, firm or unyielding, is highly fractured or has a high organic content, and in the opinion of the Director, civil engineer, soil engineer, or engineering geologist, is not competent to support other soil or fill,to support structures, or to satisfactorily perform the other functions for which the soil is intended. 7.3 Fill Material Detrimental amounts of organic material shall not be permitted in fills. Except as outlined below, no rock or similar irreducible material with a maximum dimension greater than twelve (12)inches shall be buried or placed in fills. The Director may permit placement of larger rock when the soil engineer properly devises a method of placement, continuously inspects placement, and approves the fill stability and competency. The following conditions shall also apply Prior to issuance of the grading permit, potential rock disposal area(s) shall be delineated on the grading plan. Rock sizes greater than twelve (12) inches in maximum dimension shall be ten (10) feet or more below grade, measured vertically. This depth may be reduced upon recommendation of the soil engineer and approval of the Director providing that the permitted use of the property will not be impaired. Rocks greater than twelve (12) inches shall be placed so as to be completely surrounded by soils; no nesting of rocks will be permitted. 7.4 Compaction All fills shall be compacted to a minimum of ninety(90)percent of maximum density Grading Manual 11 GRDVMrrL.Doc. _ - Attachment (rl) as determined by the Uniform Building Code Standard No. 70-1 or equivalent, as approved by the Director. Field density shall be determined in accordance with the Uniform Building Code Standard No. 70-2, or equivalent, as approved by the Director. Locations,of field density tests shall be determined by the soil engineer or approved testing agency and shall be sufficient in both horizontal and vertical placement to provide representative testing of all fill placed. Testing in areas of a critical nature or special emphasis shall be in addition to the normal representative samplings. Exceptions: a. Fills excepted in Section 17.05.060, Grading Permits, of the Grading Code and where the Director determines that compaction is not a necessary safety measure to aid in preventing saturation, settlement, slipping, or erosion. b... Where lower density and very high potential expansion characteristics as defined by Table No. 29-C of the Uniform Building Code exist, lesser compaction may be granted by the Director upon justification and recommendation by the soil engineer. _Fill slopes shall be compacted to the finish slope face as specified above. The soil engineer shall provide specifications for the method of placement and compaction of the soil within the zone of the slope face. Sufficient maximum density determinations by test method, Uniform Building Code Standard No. 70-1 or approved equivalent, shall be performed during the grading operations to verify that the maximum density curves used are representative of the material placed throughout the fill. 7,5 Slope Fill slopes shall be no steeper than two horizontal to one vertical (2:1.) In special circumstances where no evidence of previous instability exists and when recommended in the soil engineering report and approved by the Director, slopes may be constructed steeper than 2:1. In no case shall slopes steeper then 2:1 be approved if 2:1 or flatter slopes are required as a condition of approval of any project by the City Council, Planning Commission, or Zoning Administrator, without appropriate revision of said condition by the approving body. Recommendations in the soil engineering report for fill slopes to be steeper than 2:1 shall be accompanied by a slope stability analysis for all slopes greater than five(5) feet in height. DD If I nA [FU - Grad-ing Manual 12 _ GRDGMNL.Doc Attachment (d) The soil engineer shall consider both the gross and surficial stability of the slope and provide a written statement approving the slope stability. In addition, the soil engineer shall recommend alternative methods of construction or compaction requirements necessary for surficial stability. 7.6 Utility Line Backfill Utility°line backfill beneath and adjacent to structures;beneath pavements; adjacent and parallel to the toe of a slope; and in sloping surfaces steeper then ten horizontal to one vertical(10:1), shall be compacted and tested in accordance with the Standard Specifications for Public Works construction. SUBARTICLE 8 - SETBACKS 8.1 Setbacks From,Permit Area Boundary The tops of cuts and toes of fill slopes shall be setback as far as necessary from the outer property boundaries of the permit area, including slope easements, and in accordance with Detail 1 herein. 8.2 Design Standards For Setbacks The tops and the toes of cut and fill slopes shall be set back from structures as far as is necessary for adequacy of foundation support and to prevent damage of the slopes as a result of water runoff, erosion, or maintenance. Unless, otherwise approved by the Director, based on recommendations in the approved soil engineering or engineering geology report, setbacks shall be no less than shown in Detail 1 herein. 8.3 Retaining Walls Retaining walls may be used to reduce the required setback in accordance with Detail 1 when approved by the Director. D G Q F ET Grading Manual 13 GRDGMNL.Doc Attachment (d) SUBARTICLE 9 - DRAINAGE AND TERRACING 9.1 Terrace Terraces at least six(6) feet in width shall be established at not more than thirty(30) foot vertical intervals on all cut .. or fill slopes to control surface drainage and debris, except that where only one (1) terrace is required, it shall be at mid-height. Swales or ditches_on slope terraces shall have a minimum gradient of six (6) percent and must be paved with reinforced concrete, or approved equal,not less than three(3)inches in thickness. They shall have a minimum depth at the deepest point of eighteen(18)inches and a minimum paved width of five(5) feet. A single run of Swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet (projected) without discharging into a down drain. 9.2 Subsurface Drainage Cut and_fill slopes shall be provided with approved subsurface drainage as necessary for stability and protection of adjacent properties from the influence of groundwater. The design of such facilities shall be contained in the approved preliminary soil engineering or engineering geology report and shall appear on the approved grading plan pursuant to the approval of the soil engineer or the engineering geologist. Subsurface drainage facilities shall be installed where natural or artificially introduced ground water affects or is likely to affect the project in a potentially unstable,hazardous, or otherwise deleterious manner. L� F U -- -Gra-di-ng Manual 14 GxDGMNL.Doe - _ Attachment (d) DETAIL 1 Min. Setback From Adjacent Slope H (hgt_) Max. Min - H (hgt,) Feet Hw Seibock Feet o b c d e f 0-6 3' 3' min. 0<6 3' 7' 3' 5' V 6-12 H/2 H/2 H 2 12-13 6' H/2 6-14 5' 7' H/2 5� min. H/5 +3 0 6' 1 5' 14-30 5' 10' m2in. H/2 10H m2in, H/5 Table B +30 5' 10' 15' 10' 6' 1' min. z T f il Table A � H R L �Hw Fb MFDZ �Iv Top of Wall - H H Elevation MFD f Level _�5 Interceptor t_ H ad —� c Drain Draina e Fig_ A g Device Fig. g NOTES: 1. PL shall mean permit area boundary and/or property line;MFD shall mean manufactured surface. 2. Setbacks shall also comply with applicable zoning regulations. 3. Table A applies to manufactured slopes and 2:1 or steeper natural slopes. Setbacks from natural slopes flatter than 2:1 shall meet the approval of the Director. j 4. "b" may be reduced to 5' minimum if an approved drainage device is used; roof gutters and downspouts may be required. 5. "b"may be reduced to less than 5'if no drainage is carried on this side and if roof gutters are included. 6. If the slope between "a" and "b" levels is replaced by a retaining wall, "a" may be reduced to zero and "b" remains as shown in Table A. The height of the retaining wall shall be controlled by zoning regulations. 7. "b" is measured from the face of the structure to the top of the slope. 8. "d" is measured from the lower outside edge of the footing along a horizontal line to the face of the slope. Under special circumstances, "d" may be reduced as recommended in the approved soil report and approved by the-Director. V F U I --_ G r-a d i n g -Manual 15 - GRDGMNL.Doc -Attachment-(d) -- 9. The use of retaining walls to reduce setbacks (Fig. B)must be approved by the Director. 10. "f' may be reduced if the slope is composed of sound rock that is not likely to produce detritus and is recommended by the soil engineer or engineering geologist and approved by the Director. 11. "a" and "e" shall be 2' when PA coincides with arterial or local street right-of-way and when improved sidewalk is adjacent to right-of-way. 12. "e" shall be increased as necessary for interceptor drains. 9.3 Disposal All drainage facilities shall be designed to carry waters to the nearest practicable drainage way approved by the Director or other appropriate jurisdiction as a safe place to deposit such water. Erosion of ground in the area of discharge shall be prevented by installation of non-erosive down drains, rip rap, energy dissipators or other approved devices and shall provide for a return of flow to a natural sheet flow condition. Where surface waters are to be conducted or directed onto adjacent property in an unnatural manner, the Director may require the applicant, prior to issuance of a grading permit,to obtain written permission from the owner of said property, accepting the surface waters. Building sites shall have a sheet flow drainage gradient of two (2) percent from the structure toward approved swales and/or drainage facilities, unless otherwise waived by the Director. The maximum drainage gradient of an earth Swale shall be four(4)percent. Grading of future building sites under a rough grading permit for the purpose of lot sales shall have a sheet flow drainage gradient of two (2) percent toward approved drainage facilities. The Director may reduce this minimum gradient to one (1) percent upon the written request of the applicant or his agent, providing the applicant demonstrates the following: a. Finish grades for drainage of building sites can be constructed in accordance with the requirements of this Section without importing additional fill, and i b. Sufficient approved swales and/or drainage facilities are constructed to prevent water from ponding on any lot supported by a natural slope or cut or fill slope over five(5) feet in height. i Grading Manua-1 16 _ GRDGMNL-.Doc Attachment (rl) _ _ , Finish grades, other than above, shall conform to the following minimum drainage gradient standards: Minimum Gradient a. Earth swales 1.0% b. Earth(sheet flow) 1.0% C. Asphalt pavement(sheet flow) 1.0% d. Concrete gutter in asphalt paved area 0.25% 9.4 Interceptor Drains Paved interceptor drains shall be installed along the top of all manufactured slopes where the tributary drainage area flows toward the slope and has a drainage path to top of slope greater than forty (40) feet measured horizontally. Interceptor drains shall be paved with a minimum depth of eighteen (18) inches and a minimum paved width of thirty-six (36) inches measured horizontally across the drain. The slope of the drain shall be approved by the Director. 9.5 Pipe Specifications Pipe material specifications shall be shown on the approved plans or in the approved soil report by the civil engineer or soil engineer and approved by the Director. The pipe shall conform to the currently adopted Standard Specification for Public Works Construction unless otherwise recommended by the civil engineer or soil engineer and approved by the Director. Approved pipe includes: a. Acrylonitrile Butadiene Styrene(ABS) Solid wall pipe 1. Subdrain (a) ASTM D275I_SDR 35 (b) ASTM D1527, Schedule 40 2. Stormdrain (a) SSTM D2751, SDR 35 Maximum velocity, 8 feet per second (b) ASTM D1527, Schedule 40 Maximum velocity, 15 feet per second Q F Grading Manual 17 GRDGMNL.Doc _ Attachment (d) b_ Polyvinyl Chloride Plastic Pipe(PVC) 1. Subdrain (a) ASTM D3034, SDR 35 (b) SSTM D1785, Schedule.40 2. Stormdrain (a) ASTM D3034, SDR 35 Maximum velocity, 8 feet per second (b) ASTM D1785, Schedule 40 Maximum velocity, 15 feet per second -c. Reinforced Concrete Pipe(RCP) D-load to be designed and shown on approved grading plans. d. Corrugated Steel Pipe (CSP) Metal thickness to be designed and shown on approved grading plans. Pipe to be bituminous coated. e. Corrugated Aluminum Pipe (CAP) Metal thickness to be designed and shown on approved grading plans. Pipe to be bituminous coated. f Non reinforced Concrete Pipe Pipe shall be extra strength. The maximum flow design parameters may be exceeded in special circumstances when justified and recommended by the civil engineer and approved by the Director. 9.6 Area Drain Grates i The minimum cross-sectional area of area drain grates shall not be less than 100 square inches, and shall contain a grate cover having 50%net opening. 9.7 Conduits Beneath Structures Drainage conduits placed-beneath structures shall conform to the requirements for sewer and waste plumbing. PVC and ABS pipes shall be Schedule 40. I Grading Manual 18 GRDGMNL.Doc Attachment (d) - - - 0 • SUBARTICLE 10 -ASPHALT CONCRETE PAVEMENT 10.1 Asphalt Concrete and Untreated Base Standards When asphalt concrete pavement is proposed for surfacing of private parking lots, private streets, or other similar use, this paving, including the tack coat, seal coat and base course, shall conform to the current Department of Public Works special provisions for asphalt concrete and untreated base materials unless otherwise approved by the Director. Exception: The provisions of this Section shall not apply when a private asphalt concrete driveway providing access to a single residence is proposed. Untreated base may require testing by an approved testing agency to insure its compliance with the applicable specifications and special provisions when determined necessary by the Director. Tests may include but shall not be limited to: a. Sieve analysis b. Sand equivalent C. Percent of crushed particles retained by a No. 4 screen. 10.2 Subgrade Compaction The top 6 inches of the subgrade material shall be compacted to a relative compaction of 90 percent of maximum density as determined by Uniform .Building Code Standard 70-1 or approved equivalent, unless otherwise recommended by the soil engineer in the preliminary soil report and approved by the Director. 10.3 Soil Sterilization Weed killer shall be required on subgrade if no aggregate base is used. 10.4 Surface Drainage All concentrated drainage in asphalt paved areas shall be carried by approved concrete drainage devices. n CT Grading Manual 19 GRDGMNL.DOC _ Attachment (rl) 10.5 Pavement Structural Section The project soil engineer or design civil engineer shall determine the pavement structural section(s) for parking lots/service roads and private streets based on: (1) soil tests of the subgrade soil(s) performed by an approved soil testing laboratory; and (2) anticipated traffic and/or loading conditions. The methods used for soil testing and pavement design shall be that currently in use by the Department of Public Works for construction of public roadways, or-methods acceptable to the Director. Unless otherwise specified by the soil engineer, the relative compaction of each layer of compacted base material shall not be less then 95 percent. When private street improvement plans are required to be approved by the Department of Public Works, the pavement structural section may be determined by the Department of Public Works. hi-lieu of a recommended structural section from the soil engineer or civil engineer for parking lots/service roads, the following standards may be used: Pavement Structural Section a. Parking stall areas 2"AC/4"AB b. Commercial driveways,perimeter drives, and loading areas 3"AC/6"AB C. Industrial driveways,perimeter drives, and loading areas 3" AC/10"AB 10.6 Driveway Whenever access is taken from a street, alley, or driveway to an off-street parking area serving four (4) or less dwelling units, the driveway or other vehicular access-way shall have a maximum grade of plus fifteen percent (+15%) or minus six percent (-60/o), measured from the street, alley, or driveway grade along the driveway center line, for a distance of not less than eighteen(18)feet from the street, alley, or driveway right-of-way line. Whenever access is taken from a street, alley, or driveway to an off-street parking area serving industrial, commercial, or professional uses, public or community facilities, or five (5) or more dwelling units, the driveway or other vehicular access-way shall have a maximum grade of plus fifteen percent (+15%) or a minus two percent (- 2%), measured from the street, alley, or driveway grade along the driveway center line for a distance of not more than eighteen(18) feet from the street, alley, or driveway right-of-way line. D [R /% [F7 Grading Manual 20 GRDGMNL.Doc _ AttnrhmPnt lrll SUBARTICLE 11 - EROSION CONTROL 11.1 Information On Erosion Control Plans The plan shall include,but not be limited to: The name and twenty-four (24) hour telephone number of the person responsible for performing emergency erosion control work. The signature of the civil engineer or other qualified individual who prepared the grading plan and who is responsible for inspection and monitoring of the erosion control work. All desilting and erosion protection facilities necessary to protect adjacent property from sediment -deposition. The streets and drainage devices that will be completed and paved by October 15. The placement.of sandbags or gravelbags, slope planting, or other measures to control erosion from all slopes above and adjacent to roads open to the public. Use of gravel bags are encouraged over sandbags. The plan shall indicate how access will be provided to maintain desilting facilities during wet weather. SUBARTICLE 12 - GRADING INSPECTION 12.1 Site Inspection by the Director Prior to any grading, brushing, or clearing, there shall be a pre-grading meeting held on the site. Prior to pouring curb and gutter or placement of pavement base material, there shall be a pre-paving meeting held on the site. The permittee, or agent, shall notify the Director at least two (2) working days prior to the meetings and shall be responsible for notifying all principals responsible for grading or paving related operations. Grading Manua-1 21 - GRDGMNL.DOC _ - - AttnehmPnt (d) - It shall be the duty of the person doing the work authorized by a permit to notify the Director at least one (1) working day prior to the work being ready for the following inspections: a. Excavation and Fill Inspection 1. Clearing: After all brush and unsuitable material has been removed and an acceptable base has been exposed,but before any fill is placed. 2. Toe Bench and Key: After the natural ground or bedrock is exposed and prepared to receive fill, but before fill is placed. 3. Over-Excavation: After the area has been excavated but before fill is placed. 4. Excavation: After the excavation is started, but before the vertical depth of the excavation exceeds ten (10) feet, and every ten foot interval thereafter. Continuation of this excavation operation need not await the arrival of the grading inspector provided that proper notification has been made to the Director. 5. Fill: After the fill has started, but before the vertical height of the fill exceeds ten (10) feet, and every ten (10) foot interval thereafter. Continuation of this fill operation need not await the - arrival of the grading inspector provided that proper notification has been made to the Director. - b. Concrete or gunite drainage device inspection: I. Alley gutter and/or concrete device draining asphalt: (a) Subgrade (prior to placement of concrete:) Subgrade is to be prepared and required reinforcement placed. The civil engineer shall provide a field memo that line and grade is set in accordance with the approved plans. (b) Concrete placement: Concrete placement need not await the arrival of the grading inspector provided proper notification has been made to the Director. 2. Curb and gutter(private property:) (a) Subgrade (prior to placement of concrete:) Subgrade is to be made, forms and reinforcement are to be placed. The civil engineer shall provide a field memo that line and grade is set in accordance with the ap roved DlanS. nA � Grading Manual _ -. _ 22 _ GRDGMNL.Doc Attachment (rl) (b) Concrete placement: Concrete placement need not await the arrival of the grading inspector provided proper notification has been made to the Director. 3. Terrace drains, down drains,brow ditches, and other paved drainage devices: (a) Subgrade: Prior to placement of welded wire mesh or reinforcing steel. The civil engineer shall provide a field memo that line and grade is set in accordance with the approved plans (b) Reinforcement: Thickness control wire and reinforcing steel or welded wire mesh are to be installed but prior to placement of gunite or concrete. (c) Concrete placement: Concrete placement need not await the arrival of the grading inspector provided proper notification has been made to the Director. 4. Sidewalks used as drainage devices: Subgrade: Prior to placement of concrete, subgrade is to be made, forms are to be in place with the required reinforcement. The civil engineer shall provide a field memo that line and grade is set in accordance with the approved plans. C. Drainage device other then concrete or gunite inspection: 1. Subdrains: (a) -After excavation but prior to placement of filter material and pipe. The subdrain pipe and filter material shall be on-site for inspection. (b) After filter material and subdrain has been placed but prior to covering with backfill. 2. Storm drain and inlets: (a) After placement of storm drains but prior to covering with backfill. The civil engineer shall provide a field memo that line and grade is set in accordance with the approved plans. _ I D D [Rj & [FV i Grading Manual 23 GRDGMNL.Doc Attachment (d) (b) After placement of inlet forms but prior to pouring concrete. The civil engineer shall provide a field memo that line and grade is set in accordance with the approved plans. 3. Earth Swales: (a) Prior to rough grading approval or lumber drop. (b) Prior to final grading approval. d. Rough Grade Inspection When all rough grading has been completed. This inspection may be called for at the completion of rough grading without the necessity of the Director having previously reviewed and approved the required reports if the grading was performed under a precise grading permit. Under normal circumstances, all subdrains and slope drains shall be in place and approved as a condition for rough grading approval. e. Paving Inspection 1. Subgrade: After subgrade has been established, tested, and approved by the soil engineer, or his qualified representative. The soil engineer shall provide a field memo of compaction test results. The civil engineer shall provide a field memo that line an&grade is set in accordance with approved plans. 2. Untreated Base: After untreated base course has been placed, tested, and approved by the soil engineer, or his qualified. representative, but prior to prime coast and asphalt placement. The soil engineer shall provide a field memo of compaction test results. The civil engineer shall provide a field memo that line and grade is set in accordance with the approved plans. Material invoices may be required. Grading Manual 24 GRDGMNL.Doc Attachment (d) 3. Asphalt: (a) During asphalt lay down to verify continuous inspection by the soil engineer, or his qualified representative or a special inspector when authorized. Material invoices may be required. Asphalt placement need not await the arrival of the grading inspector provided that proper notification has been made to the Director. (b) Prior to application of seal coat, the paved surface shall be water tested to reveal any irregularities and shall be patched where required. Material invoices may be required after placement of seal coat. f. Final Inspection After all work, including installation of all drainage structures and other protective devices, has been completed and all written professional approvals and the required reports have been submitted. An as-built plan will be required if, in the opinion of the Director,the finished site significantly deviates from the approved grading plan. g. Siltation Control Facilities (Rainy season: October 15 to April 15) 1. After excavation of desilting basins but prior to fill placement. Prefabricated devices are to be available on-site for inspection. 2. After fill placement for desilting basins but prior to placement of concrete or other non-erosive materials. 3. After completion of an erosion control system in accordance with an approved erosion control plans and the requirements of the Director. 12.2 Alternate Materials and Methods of Construction a. The provisions of this grading manual are not intended to prevent the use of any material or method of construction not specifically prescribed by the grading code or this grading manual provided any such alternate has been approved pursuant to this section. G-r a d-i n g Manual- . 25 GRnGMNL.noc _ . Attachment fdl b. The Director may approve any such alternate provided he finds that the proposed design is satisfactory and complies with the provisions of the grading code and this grading manual and that the material, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in quality, strength, effectiveness, and safety. C. The Director shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. d. Whenever there is insufficient evidence of compliance with the provisions of this grading manual or evidence that any material or any construction does not conform to the requirements of this grading manual or in order to substantiate claims for alternate material or methods of construction, the Director may require tests as proof of compliance to be made at the expense of the owner or his agent by an approved testing agency. e. Test methods shall be as specified by this grading manual for the material in question. If there are no appropriate test methods specified,the Director shall approve the test procedure. Copies of the results of all such tests shall be retained for a period of not less than two (2) years after the acceptance of the grading. SUBARTICLE 13 COMPLETION OF WORK 13.1 Final Reports Upon completion of the rough grading work and at the final completion of the work under the grading permit but prior to the issuance of building permits or release of grading bond or issuance of a certificate of use and occupancy, the Director may require: a. An as-graded grading plan prepared by the civil engineer, architect, or other qualified person, which shall include corrected original ground surface elevations if necessary, graded ground surface elevations, lot drainage patterns, manufactured slope inclination, and location of all drainage facilities and subdrains. b. A written approval by the civil engineer approving the grading as being substantially in conformance with the approved grading plan and which specifically approves the following items as appropriate to the project and stage of grading: n Q F CT G-rading Manual 26 GRDGMNL.Doc _Attachment=(rl) 1. Construction of line and grade for all engineered drainage devices and retaining walls (rough and final grading.) 2. Staking of property corners for proper building locations (rough grading.) 3. Setting of all monuments in accordance with the recorded tract map (rough or final grading.) 4. Location of permanent walls or structures on property corners or property lines where monumentation is not required(final grading.) 5. Location and inclination of all manufactured slopes (rough and final grading.) 6. Construction of earthen berms and positive building pad drainage(rough and final grading.) When the approved grading plan is not prepared by a civil engineer,the architect, or other licensed professional who prepared the plan, shall provide written approval of the grading as being substantially in conformance with the approved grading plan. C. A soil engineering report prepared by the soil engineer, including type of field testing performed, suitability of utility trench and retaining wall backfill, summaries of field and laboratory tests and other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the soil engineering investigation report. Each field density test shall be identified, located on a plan or map, the elevation of test and finish grade elevation shown, and the method of obtaining the in-place density described, either Uniform Building Code -, Standard 70-2 or the approved equal, shall be so noted. The soil engineer shall provide a written approval as to the adequacy of the site for the intended use, as affected by soil engineering factors. The Director may require that the soil tests or testing be performed by an approved testing agency. d. A geology report prepared by the engineering geologist, including a final description of the geology of the site including any new information disclosed during the grading, and the effect of same on recommendations incorporated in the approved grading plan. He shall provide a written approval as to the adequacy of the site for the intended use as affected by geologic factors and when required by the Director, shall submit an as-built geologic map. [ ° F7 - Grading Manual __ _-, 27. _ GRDGMNL.Doc Attachment (d) _ e. A statement prepared by the grading contractor describing the volume of excavation and fill moved on the project. In addition, if the grading plan was not prepared by a registered civil engineer or registered professional authorized to prepare grading plans and perform inspections, the grading contractor shall submit written approval that the work was completed in accordance with the approved plans. Ag i Grading Manual 28 GRDGMNL.Doc - = Attachment (d) ATTACHMENT (e) EXISTING GRADING CODE FROM THE UNIFORM BUILDING CODE 1991 UNIFORM BUILDING CODE APPENDIX Chapter 70 EXCAVATION AND GRADING Purpose Sec. 7001.The purpose of this appendix is to safeguard life,limb,property and -the public welfare by regulating grading on private property. Scope Sec. 7002.This appendix sets forth rules and regulations to control excavation, grading and earthwork construction,including fills and embankments;establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspection of grading construction. The standards listed below are guideline standards and as such are not adopted as part of this code (see Sections 6002 and 6003). 1. Testing A. ASTM D 1557, Moisture-density Relations of Soils and Soil Aggre- grate Mixtures B. ASTM D 1556, In Place Density of Soils by the Sand-Cone Method C. ASTM D 2167,In-Place Density of Soils by the Rubber-Balloon Method D. ASTM D 2937,In Place Density of Soils by the Drive-Cylinder Method E. ASTM D 2922 and D 3017, In Place Moisture Contact and Density of Soils by Nuclear Methods Permits Required Sec. 7003. (a)Permits Required.Except as specified in Subsection(b)of this a section,no person shall do any grading without first having obtained a grading per- mit from the building official. (b) Exempted Work. A grading permit is not required for the following: 1. When approved by the building official, grading in an isolated, self-con- i tained area if there is no danger to private or public property. 2. An excavation below finished grade for basements and footings of a build- ing:' retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than 5 feet after the comple- tion of such structure. 3. Cemetery graves. 4. Refuse disposal sites controlled by other regulations. 5. Excavations for wells or tunnels or utilities. 6.Mining,quarrying,excavating,processing,stockpiling of rock,sand,gravel, aggregate or clay where established and provided for by law,provided such opera- tions do not affect the.lateral support or increase the stresses in or pressure upon any adjacent or contiguous property. 993 — _ - Attachment (e) _ --- - - APPENDIX 1991 UNIFORM BUILDING CODE 7. Exploratory excavations under the direction of soil engineers or engineering geologists. 8. An excavation which (1) is less than 2 feet in depth, or(2) which does not create a cut slope greater than 5 feet in height and steeper than 1'/2 horizontal to 1 vertical. 9. A fill less than 1 foot in depth and placed on natural terrain with a slope flatter than 5 horizontal to 1 vertical,or less than 3 feet in depth,not intended to support structures, which does not exceed 50 cubic yards on any one lot and does not ob- struct a drainage course. Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provi `< sions of this chapter or any other laws or ordinances of this jurisdiction. Hazards Sec. 7004.Whenever the building official determines that any existing excava- tion or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel,the owner of the property upon which the excavation or fill is located,-.or other person or agent in control of said property,upon receipt of notice in writing from the building official,shall within the period specified therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the:requirements of this code. Definitions Sec. 7005..For the purposes of this appendix the:definitions listed hereunder j shall be construed as specified in this section. APPROVAL shall mean the proposed work or completed work conforms to this chapter in the opinion of the building official. j AS-GRADED is the extent of surface conditions on completion of grading. BEDROCK is in-place solid rock. BENCH is a relatively level step excavated into earth material on which fill is to be placed. BORROW is earth material acquired from an off-site location for use in grading on a site. CIVIL ENGINEER is a professional engineer registered in the state to practice in the field of civil works. CIVIL ENGINEERING is the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works. COMPACTION is the densification of a fill by mechanical means. EARTH MATERIAL is_any rock, natural soil or fill or any combination thereof. ENGINEERING GEOLOGIST is a geologist experienced and knowledge- able in engineering geology. 994 Attachment (e) - 1991 UNIFORM BUILDING CODE APPENDIX ENGINEERING GEOLOGY is the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and-soil for use in the design of civil works. EROSION is the wearing away of the ground surface as aresult of the move- ment of wind, water or ice. EXCAVATION is the mechanical removal of earth material. FILL is a deposit of earth material placed by artificial means. GEOTECHNICAL ENGINEER. See"soils engineer." GRADE is the vertical location of the ground surface. - Existing Grade is the grade prior to grading. Rough Grade is the-stage at which the grade approximately conforms to the approved plan. Finish Grade is the final grade of the site which conforms to the approved plan. GRADING is any excavating or filling or combination thereof. KEY is a designed compacted.fill placed in a trench excavated in earth material beneath the toe of a:proposed fill slope. PROFESSIONAL INSPECTION is the inspection required by this code to be performed by the civil engineer,soils engineer or engineering geologist.Such in- spections include that.performed by persons supervised by such engineers or geol- ogists and shall.be sufficient to form an opinion relating to the conduct of the work. SITE:is any lotor,parcel:of_land.or..contiguous:combination..thereof,.under.the same ownership, where grading.is performed or.permitted. SLOPE is an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to.vertical distance. SOIL is naturally-occurring°superficial deposits overlying bedrock. SOILS ENGINEER(GEOTECHNICAL ENGINEER)is an engineer expe- rienced and knowledgeable in the practice of soils engineering(geotechnical)en- gineering. SOILS ENGINEERING .(GEOTECHNICAL ENGINEERING) is the application of the principles of soils mechanics in the investigation,evaluation and design of civil works involving the use of earth materials and the inspection or test- ing of the construction thereof. TERRACE is a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. Grading Permit Requirements Sec. 7006.(a) Permits Required. Except as exempted in Section 7003 of this code,no person shall downy grading without first obtaining a grading permit from the building official. A separate permit shall be obtained for each site, and may .cover both excavations and fills. (b)Application.The provisions of Section 302(a)are applicable to grading and in addition the application shall state the estimated quantities of work involved. (c) Grading Designation.Grading in excess of 5,000 cubic yards shall be per- formed in accordance with the approved grading plan prepared by a civil engineer, - . 995 -Attachment fie) APPENDIX 1991 UNIFORM BUILDING CODE and shall be designated as"engineered grading."Grading involving less than 5,000 cubic yards shall be designated"regular grading"unless the permittee chooses to have the grading performed as engineered grading,or the building official deter- mines that special conditions or unusual hazards exist,in which case grading shall conform to the requirements for engineered grading. (d)Engineered Grading Requirements.Application for a grading permit shall be accompanied by two sets of plans and specifications,and supporting data con- sisting of a soils engineering report and engineering geology report.The plans and specifications shall be prepared and signed by an individual licensed by the state to prepare such plans or specifications when required by the building official. Specifications shall contain information covering construction and material re quirements. Plans shall be drawn to scale upon substantial paper or cloth and shall be of suf- ficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this code and all relevant laws, ordinances,rules and regulations.The first sheet of each set of plans shall give lo- cation of the work,the name and address of the owner and the person by whom they were prepared. The plans shall include the followinCr g information: 1. General vicinity of the,proposed site. 2. Property limits and accurate contours of existing ground and details of ter- rain and area drainage. 3. Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction. 4. Detailed.,plans of all surface and subsurface drainage devices, walls, crib- bing,dams and other protective devices to be constructed with,or as apart of,the proposed work together with a map showing the drainage area and the estimated . runoff of the area served by any drains. 5. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within 15 feet of the property or which may be affected by the proposed grading operations. 6. Recommendations included in the soils engineering report and the engineer- ing geology report shall be incorporated in the grading plans or specifications. ` When approved by the building official, specific recommendations contained in the soils engineering report and the engineering geology report,which are applica- ble to grading, may be included by reference. 7. The dates of the soils engineering and engineering geology reports together with the names,addresses and phone numbers of the firms or individuals who pre- pared the reports. (e) Soils Engineering Report. The soils engineering report required by Sub- section (d) shall include data regarding the nature., distribution and strength of existing soils, conclusions and recommendations for grading procedures and de- sign criteria for corrective measures,including buttress fills;when necessary,and 996 _ i — -Attachment e) 1991 UNIFORM BUILDING CODE APPENDIX opinion on adequacy for the intended use of sites to be developed by the proposed grading as affected by soils engineering factors, including the stability of slopes. (f)Engineering Geology Report.The engineering geology report required by Subsection(d)shall include an adequate description of the geology of the site,con- clusions and recommendations regarding the effect of geologic conditions on the proposed development,and opinion on the adequacy for the intended use of sites to be.developed by the proposed grading, as affected by geologic factors. (g) Regular Grading Requirements. Each application for a grading permit shall be accompanied by a plan in sufficient clarity to indicate the nature and extent -_ of the work. The plans shall give the location of the work,the name of the owner and the name of the person who prepared the plan.The plan shall include the fol- lowing information: 4. General vicinity of the proposed site. 2. Limiting dimensions and depth of cut and fill. 3. Location of any buildings or structures where work is to be performed, and the location of any buildings or structures within 15 feet of the proposed grading. (h)Issuance.-The-provisions of Section 303 are applicable to grading permits: The building.official-,may. that grading operations and project designs be modified if delays occur"which'incur weather-generated problems not considered at the time=the-permit.was issued. The building officiatmayrequire professional inspection and testing by the soils engineer.When the-building official.has cause to believe that geologic factors may be involved, the.grading will be..required to°conform to-engineered grading. Grading.Fees Sec. 7007.(a)General.Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in the fee schedule adopted by the jurisdiction. (b)Plan Review Fees.When a plan or other data are required to be submitted,a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as set forth in Table No.70-A. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. For excavation and fill on the same site, the fee shall be based on the volume of excavation or fill, whichever is greater. (c) Grading Permit Fees. A fee for each grading permit shall be paid to the building official as set forth in Table No. 70-B.Separate permits and fees shall ap- ply to retaining walls or major drainage structures as required elsewhere in this code.There shall be no separate charge for standard terrace drains and similar faci- lities. i i i - 997 1 Attachment (e) - _ APPENDIX 1991 UNIFORM BUILDING CODE TABLE NO. 70-A—GRADING PLAN REVIEW FEES1 50 cubic yards or less . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee 51 to 100 cubic yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15.00 101 to 1,000 cubic yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22.50 1,001 to 10,000 cubic yards . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30.00 10,001 to 100,000 cubic yards—$30.00 for the first 10,000 cubic yards, plus $15.00 for each additional 10,000 yards or fraction thereof. 100.001 to 200,000 cubic yards—$165.00 for the first 100,000 cubic yards,plus $9..00 for each additional 10,000 cubic yards or fraction thereof. 200,001 cubic yards or more—$255.00 for the first 200,000 cubic yards, plus $4.50 for each additional 10,000 cubic yards or fraction thereof. Other Fees: Additional plan review required by changes, additions or revisions to approved plans . . . ... . . . . ... . . . . . . . . . . . . . . $30.00.per hour* (minimum charge—one-half hour) Or the total hourly cost to the jurisdiction,whichever is the greatest.This cost shall include supervision,overhead, equipment; hourly wages and fringe benefits of the employees involved. TABLE NO. 70-B—GRADING PERMIT FEES' 50 cubic yards or less . . . . . . . . ... . ... . . . . . . . . . ... . . . . . . . . . . . . . ... . $15.00 51 to 100 cubic yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . 22.50 101 to 1,000.cubic yards—$22.50 for the first 100 cubic yards plus$10.50 for each additional 1.00 cubic yards or fraction thereof. 1,001 to 10,000 cubic yards=$117.00 for the first 1;000 cubic yards,plus$9.00 for each additional I OWcubic yards or fraction thereof. I 10,001 to 100,000 cubic yards—$198.00 for the first 10,000 cubic yards, plus $40.50 for each additional 10,000 cubic yards or fraction thereof. 100,001 cubic yards or.more—$562.50 for the first 100,000 cubic yards, plus $22.50 for each additional 10,000 cubic yards or fraction thereof. Other Inspections and Fees: 1. Inspections outside of normal business hours . . . . . . . $30.00 per hour .(minimum charge—two hours) 2. Reinspection fees assessed under provisions of Section 305 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30.00 per hour2 3. Inspections for which no fee is specifically indicated . $30.00 per hour (minimum charge—one-half hour) 'The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. 20r the total hourly cost to the jurisdiction,whichever is the greatest.This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. 998 - - - . -- Attachment (e) 1991 UNIFORM BUILDING CODE APPENDIX Bonds Sec. 7008.The building official may require bonds in such form and amounts as may be deemed necessary to assure that the work,if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazard- ous conditions. In lieu of a surety bond the applicant may file a cash bond or instrument of credit with the building official in an amount equal to that which would be required in the surety bond. Cuts Sec. 7009. (a) General. Unless otherwise recommended in the approved soils engineering or engineering geology report,cuts shall conform to the provisions of this section. In the absence of an approved soils engineering report,these provisions may be waived for minor cuts not intended to support structures. (b) Slope. The slope of cut surfaces shall be no:steeper than is safe for the intended use and shall be no steeper than 2 horizontal to 1 vertical unless the permittee furnishes a soils engineering or an engineering geology report,or both, stating that the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property. N Fills Sec. 7010. (a) General. Unless otherwise recommended in the.approved soils engineering report,fills shall conform to the provisions of this section. In the absence of an.approved soils-engineering report,these provisions may be waived for minor-fills not intended to support structures. (b) Preparation of Ground. Fill slopes shall not be constructed on natural slopes steeper than 2:1.The ground surface shall be prepared to receive fill by re- moving vegetation,noncomplying fill,topsoil and other unsuitable materials scar- ifying to provide a bond with the new fill and,where slopes are steeper than 5:1 and I the height is greater than 5 feet,by benching into sound bedrock or other competent material as determined by the soils engineer.The bench under the toe of a fill on a slope steeper than 5:1 shall be at least 10 feet wide.The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided.When fill is to be placed over a cut,the bench under the toe of fill shall be at least 10 feet wide but the cut shall be made before placing the fill and acceptance by the soils engineer or X. engineering geologist or both as a suitable foundation for fill. XX (c) Fill Material. Detrimental amounts of organic material shall not be per- mitted in fills. Except as permitted by the building official,no rock or similar irre- ducible material with a maximum dimension greater than 12 inches shall be buried or placed in fills. EXCEPTION: The building official may permit placement of larger rock-when the soils engineer properly devises a method of placement,and continuously inspects its placement and approves the fill stability.The following conditions shall also ap- ply: 999 Attachment (e) APPENDIX 1991.UNIFORM BUILDING CODE A. Prior to issuance of the grading permit,potential rock disposal areas shall be delineated on the grading plan. B. Rock sizes greater than 12 inches in maximum dimension shall be 10 feet or more below grade,measured vertically. w C.Rocks shall be placed so as to assure filling of all voids with well-graded soil. (d) Compaction. All fills shall be compacted to a minimum of 90 percent of maximum density. �(e) Slope.The slope of fill surfaces shall be no steeper than is safe for the in- tended use. Fill slopes shall be no steeper than 2 horizontal to 1 vertical. Setbacks Sec.7011.(a)General.Cut and fill slopes shall be set back from site boundaries in accordance with this section. Setback dimensions shall be horizontal distances measured.perpendicular to the site boundary. Setback dimensions shall be as shown in Figure No. 70-1. (b) Top of Cut Slope.The top of cut slopes shall not be made nearer to a site boundary line than one fifth of the vertical height of cut with a minimum of 2 feet and a maximum of 10;feet.The setback may need to be increased for any required interceptor drains. (c) Toe of Fill Slope.The toe�of fill slope shall be made not nearer to the site boundary line thamorie half the height of the.slope with a minimum of 2 feet and a maximum of 20.:feet:.Whereasfill:slope-is,to.be:Iocated-near the site.boundary and the adjacent off-site:property,is developed,special.precautions shalhbe incorpo- rated in the work as the'building official-deems.necessaryto protect the adjoining property from.damage,as-a result of such grading.These.precautions may include -but.are not limited.to: 1. Additional setbacks. 2. Provision for retaining or slough walls. 3. Mechanical or chemical treatment of the fill slope surface to minimize ero- sion. 4. Provisions for the control of surface waters. (d) Modification of Slope Location.The building official may approve alter- nate setbacks.The building official may require an investigation and recommenda- tion by a qualified engineer or engineering geologist to demonstrate that the intent. of this section has been satisfied. Drainage and Terracing Sec. 7012. (a) General. Unless otherwise indicated on the approved grading plan,drainage facilities and terracing shall conform to the provisions of this section for cut or fill slopes steeper than 3 horizontal to 1 vertical. i (b)Terrace.Terraces at least feet in width shall be established at not more than 30-foot vertical intervals on all cut or fill slopes to control surface drainage and debris except that where only one terrace is required, it shall be at midheight. For cut or fill slopes greater than 60 feet and up to 120 feet in vertical height,one terrace 1000 - i - - _ - - Attachment-(e) - - -- - 1991 UNIFORM BUILDING CODE APPENDIX at approximately midheight shall be 12 feet in width.Terrace widths and spacing for cut and fill slopes greater than 120 feet in height shall be designed by the civil engineer and approved by the building official.Suitable access shall be provided to permit proper cleaning and maintenance. Swales or ditches on terraces shall have a minimum gradient of 5 percent and must be paved with reinforced concrete not less than 3 inches in thickness or an approved equal paving.They shall have a minimum depth at the deepest point of 1 foot and a minimum paved width of 5 feet. A single run of swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet (projected) without discharging into a down drain. (c)Subsurface'Drainage.Cut and fill slopes shall be provided with subsurface drainage as necessary-for stability. (d)Disposal.All drainage facilities shallbe designed to carry waters to the near- est practicable drainage way approved by the building official or other appropriate jurisdiction as a safe place to deposit such waters. Erosion of ground in the area of discharge shall.be.prevented by installation of nonerosive downdrains or other devices. Building pads shall have a drainage gradient of 2 percent toward approved, drainage facilities, unless waived.by the building official. EXCEPTION:The gradient.from the building pad may be 1 percent if all of the following:conditions:exist.throughout_the,pennit area: A.No proposed-fills.are:.greater than 10 feet in maximum depth. B.-No proposed finish cut or fill slope:faces have a vertical height in excess of 10 feet. C:.No existing slope faces,whichfiave:a-Islope face steeper.than I0-horizontal to 1 vertical,have a vertical height in excess of 10 feet. (e)Interceptor Drains.Paved interceptor drains shall-be installed-along the top of all cut slopes where the tributary drainage area above slopes.toward the cut and -has a drainage path greater than 40 feet measured horizontally. Interceptor drains shall be paved with a minimum of 3 inches of concrete or gunite and reinforced. They shall have a minimum depth of 12 inches and a minimum paved width of 30 inches measured horizontally across the drain. The slope of drain shall be approved by the building official. Erosion Control Sec. 7013. (a) Slopes. The faces of cut and fill slopes shall be prepared and maintained to control against erosion.This control may consist of effective plant- ing.The,protection for the slopes shall be installed as soon as practicable and prior to calling for final approval.Where cut slopes are not subject to erosion due to the erosion- resistant character of the materials, such protection maybe omitted. (b) Other Devices. Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and provide safety. 1001 - Attachment (e) - _- - - APPENDIX 1991 UNIFORM BUILDING CODE Grading inspection Sec. 7014.(a)General:Grading operations for which a permit is required shall be subject to inspection by the building official.Professional inspection of grading operations shall be provided by the civil engineer,soils engineer and the engineer- ing geologist retained to provide such services in accordance with Section 7014(e) for engineered grading and as required by the building official for regular grading. (b) Civil Engineer.The civil engineer shall provide professional inspection within such engineer's area of technical specialty,which shall consist of observa- tion and review as to the establishment of line, grade and surface drainage of the development area.If revised plans are required during the course of the work they shall be prepared by the civil engineer. (c) Soils Engineer. The soils engineer shall provide professional inspection within such engineer's area of technical specialty,which shall include observation during grading and testing for required compaction. The soils engineer shall pro- <: vide sufficient observation during the preparation of the natural ground and place- ment and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and the appropriate require- ments of this chapter. Revised.recommendations relating to conditions differing from the.approved soils engineering and engineering geology reports shall besub- ': mitted to the permittee;the building official-and the civil engineer. (d) Engineering Geologist.._The engineering geologist shall provide profes- sional inspection,within-such.engineer's area of.technical,specialty,which shall.in- clude professional;inspectiomof the bedrock:excavation to determine if conditions encountered,are in conformance with the approved report.Revised recommenda- tionsrelating to conditions differing from the approved engineering geology report shall'be submitted to the soils:engineer. (e)Permittee.The permittee shall be responsible for the work to be performed in accordance with the approved plans and specifications and in conformance with the provisions.of this code,and the permittee shall engage consultants,if required, to provide professional inspections on a timely,basis.The permittee shall act as a coordinator between the consultants,the contractor and the building official.In the event of changed conditions,the permittee shall be responsible for informing the building official of such change and shall provide revised plans for approval. (f)Building Official.The building official shall inspect the project at the vari- ous stages of work requiring approval to determine thatadequate control is being exercised by the professional consultants. (g) Notification of Noncompliance.If, in the course of fulfilling their respec- > tive duties under this chapter.the civil engineer,the soils engineer or the engineer- ing geologist finds that the work is not being done in conformance with this chapter or the approved grading plans,the discrepancies shall be.reported immediately in writing to-the permittee and to the building official. (h) Transfer ofResponsibility. If the civil engineer, the soils engineer, or the engineering geologist of record is changed during grading, the work shall be stopped until the replacement has agreed in writing to accept their.responsibility within the area of technical competence for approval upon completion of the work,. 1'002 ' Attachment (e) 1991 UNIFORM BUILDING CODE APPENDIX It shall be the duty of the permittee to notify the building official in writing of such change prior to the recommencement of such grading. X. Completion of Work Sec. 7015.(a) Final Reports.Upon completion of the rough grading work andX. at the final completion of the work,the following reports and drawings and supple- ments thereto are required for engineered grading or when professional inspection is performed for regular grading, as applicable. XX 1. An as-built grading plan prepared by the civil engineer retained to provide such services in accordance with Section 7014(e)showing original ground surface elevations, as-graded ground surface elevations, lot drainage patterns, and the X. locations and elevations of surface drainage facilities and of the outlets of subsur- face drains. As-constructed locations, elevations and details of subsurface drains shall be shown as reported by the soils engineer. Civil-engineers shall state that to the best of their knowledge the work within € their area of responsibility was done in accordance with-the final approved grading plan. 2. A report"prepared by the soils engineer retained to provide such services in accordance with Section 7014(c),including locations and elevations of field den X. - sity tests, summaries of field and laboratory tests, other substantiating data, and comments on any changes made during grading and their effect on the recommen- dations made_.in-the approved-soils•:engineering investigation.report. Soils engi- neers shall submit a-statement that,-to the best of their knowledge,.the work within their area of responsibilities-is in:accordance with'the approved soils engineering report and applicable provisions of this chapter. 3. A report prepared by the engineering geologist retained.to provide such ser- vices in accordance with Section 7014(e),including a final description of the geol- ogy of the site and any new information disclosed during the grading and the effect ,., ._. . of same on recommendations incorporated in the approved grading plan. Engi- neering geologists shall submit a statement that,to the best of their knowledge,the work within their area of responsibility is in accordance with the approved engi- neering geologist report and applicable provisions of this chapter. X. 4. The grading contractor shall submit in a form prescribed by the building offi- cial a statement of conformance to said as-built plan and the specifications. (b)Notification of Completion.The permittee shall notify the building official i when the grading operation is ready for final inspection.Final approval shall not be given until all work,including installation of all drainage facilities and theirprotec- tive devices,and all erosion-control measures have been completed in accordance with the final approved grading plan,and the required reports have been submitted. I 1003 =- - - Attachment (e) APPENDIX 1991 UNIFORM BUILDING CODE PA* Top of Slope XFjnish al or H/2 but 2'min. radc and 20'maz. Cut or FiU Toe Slope PA* Slope H/5 but 2'min: and 10'max.. H Natural or Finish Grade *Permit Area Boundary Figure No. 70-1 i I 1004 _ Attachment (e) PROOF OF PUBLICATION STATE OF CALIFORNIA) SS. County of Orange ) j PUBLIC NOTICE �� NOTICE OF 1 PUBLIC HEARING I am a Citizen of the United States and a To adopt an ordinance resident of the Countyaforesaid; I am amending the I3 . Uniform Building over the age of eighteen years, and not a code. Ordinance No.3261 party to Or interested in the below NOTICE IS HEREBY GIVEN that the Huntington entitled matter. I am a principal clerk of Beach City Council will hold a public hearing in the the HUNTINGTON BEACH INDEPENDENT, a Council Chambers at the Huntington Beach Civic Center, 2000 Main.Street, newspaper of general circulation, printed Huntington Beach, Califor- �ma on the date and at the and published in the City of Huntington +time indicated below to-rem ceive and consider the Beach, County of Orange, State Of statements of all persons California, and that attached Notice is a who wish to be heard rela- five to the application de.. scribed below. true and complete copy as was printed DATEITIME: Monday, No- vember 7,1994,6:30 p.m. and published in the Huntington Beach REQUEST: Adopt pro- posed Ordinance No. 3261 and Fountain Valley issues of said t0 amend 'Section 17.04.090 of the Huntington newspaper to wit the issue(s) of: Beach Municipal Code, pertaining to amendments to Appendices of the Uni- form Building Code, to in- clude Chapter 70 of the Uniform Building Code as October 20, 1994 an excluded chapter. Sec- tion 17.04.090 of the Hun- tington Beach Municipal Code is proposed to be amended to read as fol- lows: 17.04.090 Amendments,to appendices: The Uniform Building Code is hereby amended by deleting from the appendices Chapter 1, I I declare, under penalty of perjury, that 1122, 23, 38, 51, 53, 57 and 0. the foregoing is true and correct. I ENVIRONMENTAL STA. TUS: This action is not a �'project" subject to CEQ , A provisions. I ON FILE: A copy of the proposed ordinance is on j Executed On October 20 4 file in the City Clerk's Of. 19 9 fice, 2000 Main Street, Huntington Beach, Califor- at Costa Mesa, California. !nia 92648, for inspection ibALLe INTERESTED PER- SONS are invited to attend said hearing and express opinions or submit written SONS for, or against, the application as outlined above, or to submit written communications to the City Clerk. If there are any fur- ther questions, please call call Steve May at (714) 536- � 15510. Signature Connie Brockway, g City Clerk, Huntington Beach City Council, I2000 Main Street,Hun. 1tington Beach, CA 92648 (714) 536- i 5227. I \ � Published Huntington 1V Beach-Fountain Valley In- dependent October 20, 1994. �1 --- 103.207 _. P ublA 10)2D ,0000� ��/y� NOTICE OF PUBLIC HEARING To adopt an ordinance amending the Uniform Building Code - Ordinance No. 3261 NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chambers at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday, November 7, 1994, 6:30 p.m. REQUEST: Adopt proposed Ordinance No. 3261 to amend Section 17.04.090 of the Huntington Beach Municipal Code, pertaining to amendments to Appendices of the Uniform Building Code, to include Chapter 70 of the Uniform Building Code as an excluded chapter. Section 17.04.090 of the Huntington Beach Municipal Code is proposed to be amended to read as follows: 17.04.090 Amendments to appendices. The Uniform Building Code is hereby amended by deleting from the appendices Chapters 1, 12, 23, 38, 51, 53, 57 and 70. ENVIRONMENTAL STATUS: This action is not a "project" subject to C E Q A provisions. ON FILE: A copy of the proposed ordinance is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit written evidence for, or against, the application as outlined above, or to submit written communications to the City Clerk. If there are any further questions, please call Steve May at (714) 536-5510. Connie Brockway, City Clerk Huntington Beach City Council 2000 Main Street Huntington Beach, CA 92648 (714) 536-5227 \may\h\advtrds.01 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To: Connie Brockway, City Clerk From: Steve May, Principal Civil Engineer Date: October 14, 1994 Subject: ADVERTISEMENT REQUEST - PROPOSED ORDINANCE NO. 3261 Attached is a Notice of Public Hearing which needs to be advertised by Friday, October 28, 1994, which is 10 days before the November 7th hearing date. Please call if you have any questions; x 5510. OFFICE OF THE CITY CLE CITY OF HUNTINGTON BEACH 2000 MAIN STREET/P. O. BOX 190 HUNTINGTON. BEACH, CALIFORNIA 92648 Multifax Image Mate (714) 374-1557 ***PLEASE DELIVER THE FOLLOWING MATERIAL AS SOON AS POSSIBLE*** TO: FAX NO. ' C� �—"f yTD? PHONE NO. FROM: NUMBER OF PAGES (INCLUDING COVER PAGE) DATE SENT: TIME SENT: �1. 3 C� �PM' OPERATOR'S NAME e PLEASE NOTIFY OPERATOR IMMEDIATELY IF NOT RECEIVED PROPERLY (714) 536-5227 COMMENTS: CHARGE FOR THIS MATERIAL: PLEASE REMIT TO THE ADDRESS ABOVE 1038K i REQUEST FOR CITY COUNCIL ACTION -l7 APPROVED BY CITY COUNCIL. Submitted to: Honorable Mayor and City Council j 7M19 Submitted by: Michael T. Uberuaga, City Administrato r CrrY CIX RK / Prepared by: Ray Silver, Assistant City Administrator / Acting Director of Public Worksan.." / "d,A^- Subject: AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ARTICLE 17 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 17.05 RELATING TO GRADING AND EXCAVATION TOGETHER WITH AN ORDINANCE DELETING SECTIONS 17.04.100 AND 17.04.110 PERTAINING TO STOCKPILES. AND TOGETHER WITH AN ORDINANCE AMENDING SECTION 17.04.090 PERTAINING TO AMENDMENTS TO APPENDICES OF THE UNIFORM BUILDING CODE Ord 3 zS9 Consistent with Council Policy? [Xi Yes (S) �,(�p - /o//'7 opt. .� .�.�� � -------------------------------------------------------------------------------------------------------------------------------- Statement of Issue, Recommended Action, Analysis, Funding Source, Environmental Status, Alternative Action, Attachments: ----------------------------------------------------------------------------------------------------------------------------- 1. STATEMENT OF ISSUE: A new and comprehensive grading ordinance is proposed. 2. RECOMMENDED ACTION: (a) Approve introduction of the attached ordinance amending Article 17 of the Huntington Beach Municipal Code by adding Chapter 17.05 relating to grading and excavation; .AND (b) .Approve introduction of the attached ordinance deleting Sections 17.04.100 and 17.04.110 of the Huntington Beach Municipal Code pertaining to stockpiles; AND (c) Approve introduction of the attached ordinance amending Section 17.04.090 of the Huntington Beach Municipal Code pertaining to amendments to appendices, of the Uniform Building Code; AND I (d) direct that a public hearing be set for a second reading of the above three ordinances on November 7, 1994. •I 9 • Request for City Council Action Grading Ordinance October 17, 1994 Page 2 of 5 3. ANALYSIS: 3.1 Summary: 3.1.1 The proposed grading ordinance is intended to improve the City's ability to regulate grading and paving activities, and to reassign regulatory responsibility for grading activities from the Director of Community Development to the Director of Public Works. Grading within the City is currently regulated by the Director of Public Works, even though the existing ordinance assigns that responsibility to the Director of Community Development. 3.1.2 Technical and administrative provisions in the existing code are not adequate to properly regulate grading activities. The proposed new ordinance would more thoroughly address grading specifications and administrative procedures. Current practice is to impose essentially the same grading requirements that are contained within the proposed ordinance. However, these requirements are imposed without authority of the Huntington Beach Municipal Code. 3.2 Back rog und: 3.2.1 The proposed grading ordinance was submitted to the City Council on August 2, 1993. The Council referred the proposed ordinance to the Planning Commission for review and approval prior to further Council action. The proposed ordinance was presented to the Planning Commission during study sessions on October 5, 1993 and November 16, 1993. On February 1, 1994 the Planning Commission approved the proposed ordinance as originally submitted to the City Council. 3.3 Existing Ordinance: 3.3.1 The Huntington Beach Municipal Code (HBMC) presently incorporates, by reference, the Uniform Building Code (UBC) which addresses grading. A copy of the existing grading code, UBC, Chapter 70, is attached as Attachment (e). 3.3.2 The UBC is a nationally adopted code designed primarily to address building issues. The UBC addresses administrative procedures for grading permits, but contains minimal, detailed specifications for grading work. Grading specifications contained in the UBC are intended to be applicable on a nation-wide basis, rather than being applicable to unique, local conditions, and are, necessarily, generalized and vague. 3.3.3 The existing grading ordinance assigns grading regulatory responsibility to the Director of Community Development. However, as a matter of practice, grading within the City is regulated by the Director of Public Works. Request for City Council Action Grading Ordinance October 17, 1994 Page 3 of 5 3.4 Proposed Ordinance: 3.4.1 It is proposed that the HBMC reference to the UBC be deleted, and that a new grading ordinance be adopted in its place. It is also proposed that HBMC, Sections 17.04.100 and 1.7.04.110, pertaining to stockpiles, be deleted and incorporated in the new grading ordinance. 3.4.2 Following is a summary of some of the significant features of the proposed grading ordinance which are not included in the existing ordinance: (a) Assigns regulatory responsibility for grading operations to the Director of Public Works (§17.05.040(1) & §§17.05.050 - 17.05.075). (b) Sets forth detailed rules and regulations for control of grading design, grading operations, site improvement construction and stockpiles, and establishes administrative requirements for issuance of grading permits, approval of plans, and for inspection of grading construction. (c) Limits hours of work to between 7:00 A.M. and 8:00 P.M. (§17.05.180). (d) Requires grading permit for paving operations involving more than 3,000 square feet of new paving, and for building additions of more than 400 square feet (§17.04.075). (e) Requires the Director of Public Works to formulate and implement a Grading Manual (17.05.030). 3.4.3 The proposed grading ordinance is modeled after the County of Orange grading ordinance. The County ordinance has been tested and modified over the past 20 years and has served as a model for the cities of Orange, Irvine, and Mission Viejo. The County ordinance contains rather detailed general provisions, and it authorizes County Staff to prepare and update a grading manual which contains detailed specifications and procedures. The City of Orange ordinance contains fewer general provisions than the County ordinance while it delegates more authority to staff to develop grading standards. The proposed ordinance more closely follows the County model. If the proposed ordinance is adopted, then the Director of Public Works would be required to prepare a grading manual with detailed specifications, and to modify that manual as necessary. The authority of the Director to establish design and procedural policy would not extend to modification of provisions specifically addressed within the grading ordinance. A copy of a draft grading manual is attached as Attachment (d). 3.4.4 Provisions of the recently adopted Infill Ordinance are not included in, nor superseded by the proposed grading ordinance. The Infill Ordinance was adopted to address special circumstances, and it is not recommended that provisions of that ordinance be mingled with the proposed grading ordinance. Request for City Council Action Grading Ordinance October 17, 1994 Page 4 of 5 3.5 Costs'Of New Ordinance: 3.5.1 Implementation of the proposed ordinance would not result in additional costs for the City. There may be additional design costs for private property owners who conduct paving operations greater than 3,000 square feet. A grading permit is currently not required for such work, but would be required under the proposed grading ordinance. However, such paving operations are normally associated with development projects which are, as a matter of practice, conditioned to obtain a grading permit. 3.5.2 Grading requirements under the proposed grading ordinance would be more specific than current code requirements, but would not be significantly more stringent than existing requirements. Therefore, it is not expected that there would be additional costs for developers. 3.6 Benefits Of New Ordinance: 3.6.1 It is expected that better control of grading operations would result in improved property values throughout the City because of an expected reduction in the frequency of structural damage, and in reduced future claims against the City for structural damage. 3.7 Staff Responses to Comments Received: 3.7.1 Comments on the proposed ordinance have been received from members of the Planning Commission and from others. Those comments and Public Works Staff responses are listed below: Comment No. l: The ordinance should contain a requirement for Planning Commission review of projects with more than 25,000 cubic yards of earthwork. Response: The suggested requirement is supported by staff and is already contained within the Ordinance Code rewrite, Paragraph 240.02. It is not recommended to redundantly include such a requirement in the proposed grading ordinance as well as the Ordinance Code, nor is it recommended to include such a requirement only in the grading ordinance. Planning related requirements and procedures are more appropriately regulated through the Ordinance Code, for consistency in departmental jurisdiction and administration of the code. The proposed grading ordinance is a building standard which has traditionally been contained in the Municipal Code. Comment No. 2: The ordinance should include provisions to limit the authority of the Director of Public Works to overrule provisions in a specific plan or other zoning code requirements. Response: Such a provision is not recommended. The proposed ordinance does not empower the Director of Public Works with authority to overrule provisions of a specific plan, or any other code provisions. Therefore, it is not necessary to codify limitations on authority that does not exist. Request for City Council Action Grading Ordinance October 17, 1994 Page 5 of 5 Comment No. 3: The ordinance should include specifications for dealing with contaminated soil. Response: The Fire Department is responsible for regulation of contaminated soil. The requirements for such regulation are codified in Huntington Beach Fire Code, Section 80.105(e) and Fire Department Specification No. 431-92. Upon request of the Fire Department reference to these code sections is included in Section 17.05.t50(b) of the proposed ordinance. No further cross referencing or reiteration of requirements is recommended. 4. ENVIRONMENTAL STATUS: The recommended action does not constitute a "project" as defined by State CEQA Guidelines, Cal. Gov. Code, § 15378, nor as defined by the California Environmental Quality Act, Cal. Pub Res Code, 2& 1065. Therefore, the recommended action is not subject to provisions of CEQA. 5. FUNDING SOURCE: No funds required. 6. ALTERNATIVE ACTION: (a) Direct staff to make minor changes to the proposed ordinance and approve the recommended; OR (b) Direct staff to make significant changes to the proposed ordinance and return the revised proposal for introduction on November 7, 1994; OR (c) Deny the recommended action. 7. ATTACHMENTS: (a) Proposed grading ordinance (b) Proposed ordinance pertaining to stockpiles (c) Proposed ordinance pertaining to amendments to appendices of the Uniform Building Code (d) Draft Grading Manual (e) Existing Grading Code from the Uniform Building Code (UBC) MTU:RS:REE:SWM:swm \may\rca\rcagrad.02 ATTACHMENT (a) PROPOSED GRADING ORDINANCE ATTACHMENT (b) PROPOSED ORDINANCE PERTAINING TO STOCKPILES LEGISLATIVE DRAFT �t24P�fP�X/Psi/���r���/r6f/PXfP�/,(BPJ�'/r��I�X�/��f¢�g/gPr6f�ai/Pr6f/�/P�rXI�eSf�f�/ ��fPr6e�/�f/P�Cttt�/�It6s6�I/�/Xr6P/�I�P/X�i/r�r6ttI�XP��ir��/tbi'PM/PMr�/�Jf�rda'�faJ/ �f��6XgPr6�I�/rdP/PMP�/2M��P�Y`,l f�XX�y6�1 f6z6pi�f/rdf/��t�M/XrdP/r6f/MPS/��tPM�6f�Cz�r�eI/�4¢J��iP,l//A/�XP�/�X��I/r6f/fM�/ Sr6PX/��/�Pr6�}f�6XX��I/PMNXX/�I�P/l��/¢tP�P�If��¢I/r6�`/X��6r�X�el/�I�fPXX/�/ f�aJ�tX�f/eJf�rda'�I�/��ftdaCP/M�4�/����I/��L�f�i�rd/PaSf/��(�M/z6r6fKL//TM�/ r6P/rd�f�P/r6f/r�f�gP��f/PM�f�fY`t6�tl,�/�Ir6f/}bXr6r�}�/at/�S�[�XP�/ui��/rdf/eIf�P�I��}�/ ttS�P�fX�X/gM�XX/}6�/�f�6M�C�PP��d,l PM�f�r6P,l//A/ri�i6/��fu4XP/�M�XX/��/1f LR�YfPY`f�PI/��IrIYI�XX�,I r��P�}�XP�Mr��/}6�/fr��r6X�IP�Cr6�i/�P/PMr�/e�CP�/er6�f�ir�PX,Il i i AFJ204 --Attachment-(b) ATTACHMENT (c) PROPOSED ORDINANCE PERTAINING TO AMENDMENTS TO APPENDICES OF THE UNIFORM BUILDING CODE ATTACHMENT (d) DRAFT GRADING MANUAL • 0 GRADING MANUAL CITY OF HUNTINGTON BEACH _. _ ... Department of Public Works October 1994 By: Steve W. May, Principal Civil Engineer Approved: Robert E. Eichblatt, City Engineer Approved: Director of Public Works This manual is a modified version of the County of Orange, EMA Grading Manual - _ = Attachment (d) CITY IF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS -TABLE OF CONTENTS Section Number Section Title Page SUBARTICLE 1 GENERAL PROVISIONS _,.. . .._--Authors .........:.................................... I _. 1.2 Scope and Purpose.....................:..............:..................................... 1 and Revision..::......... ...:. .: - SUBARTICLE 2 DEFINITIONS 2.1 Definitions...................................................................................... 1 SUBARTICLE 3 GRADING PERMIT REQUIREMENTS 3.1 Grading Permit Application............................................................. 3 3.2 Grading Plan Clearances................................................................. 3 3.3 Grading Plan Check........................................................................ 3 3.4 Soil and Engineering Geology Report Content................................. 5 3.5 Permit Issuance...............................................................................7 3.6 4.. z ,., Permit Expiration.........................:............ . z SUBARTICLE 4 FEES 4.1 Plan Checking Fee:..................................:......................................7 4.2 Grading Permit Fee......................................................................... 8 4.3 Grading Permit Renewal Fee........................................................... 9 4.4 Reinspection Fee............................................................................. 9 4.5 Refunds.......................................................................................... 9 SUBARTICLE 5 BONDS 5.1 Types of Bonds............................................................................... 9 5.2 Bond Amount........................................... .........................._........... 9 5.3 Bond Conditions............................................................................. 10 5.4 Term of Bond................................................................................. 10 SUBARTICLE 6 CUTS 6.1 Cut Slopes...................................................................................... 10 SUBARTICLE 7 FILLS 7.1 Fill Slopes ..._................. 7.2 Preparation of Ground.................................................................... 10 7.3 Fill Material ...................:............................................................... 11 7.4 Compaction.................................................................................... 11 7.5 Slope.............................................................................................. 12 7.6 Utility Line Backfill........................................................................ 13 Grading .Manual i GRDGMNL.Doc = Attachment (rl) OR STATE OF CAUFORNIA County of Orange 1 am a Citizen of the United States and a resident of the County aforesaid; I am over the PUBLIC NOTICE7 age of eighteen years, and not a party to or NOTICE OF PUBLIC HEARING interested in the below entitled matter. I am a To,adopt an ordinance amending principal clerk of the HUNTINGTON BEACH the Uniform t Building Code INDEPENDENT, a newspaper of general Ordinance No.3208 circulation, printed and publi GIV EN that the shed in the City of NOTICE HEREBY Huntington Huntington Beach, County of Orange, State of Beach City Council will hold a public hearing in the Carifomia, and that attached Notice is a true and Council Chambers at the Huntington Beach Civic complete copy as was printed and iw Huntingto blished in Center, 2n Main,Street, n Beach, Califor- the Huntington Beach and Fountain Valley tam on the date and t the time indicated below O re- issues of said newspaper to wit the issue(s) of stave and consider the statements of all persons who wish to be heard rela- tive to the application de- scribed below. DATE/TIME: Monday, Au gust 16,1993,7:00 p.m. REOUEST: Adopt pro- posed Ordinance No. 3208 to amend Section 17.04.090 of the Huntington Beach Municipal Code, pertaining to amendmentsi July 29, 1993 to Appendices of the Uni! form Building Code, to in-1 elude Chapter 70 of the Uniform Building Code as an excluded'chapter. Sec- tion 17.04.090,of the Hun- tington Beach Municipalf Code is proposed to be amended -to.-read as fol- lows: 17.04.090 Amendments to appendices. The Uniform Building Code is hereby amended by deleting from the appendices Chapters 1, 12, 23, 38, 51, 53, 57 and 70. ENVIRONMENTAL STA- TUS: This action is not a "project" subject to C E Q I declare, under penalty of perjury, that the Aprovisions. ON FILE: A copy of the foregoing is tnJe and correct. proposed ordinance is on "y file in the City-Clerk's Of. face; 2000 '.rain Street, Huntington E.each,-Califor- Executed on J1�y 29 , 199 3 ma.92648 for •inspection by the public. ALL INTERESTED PER at Costa Mesa, Cafifomia. SONS are invited to'attendi 7 j said hearing and express`' r� opinions or submit written' evidence for, or against C the,application as outlinedl above,.or to submit written Signature communications to the City Clerk. If there are any fur- ther questions, please call Steve May' at (714) 536- 5510.' Connie Brockway, City Clerk, Huntington Beach City Council, 2000 Main Street,Hun- tington Beach, CA PROOF OF PUBLICATION 92 Published shed 36-5227 Huntington Beach-Fountain Valley In- dependent July 29,1993. 075-871 from the desk of: PAT MYLES DEPUTY CITY CLERK (714) 374-1558 �j P.O. BOX 190 HUNTINGTON BEACH, CA 92648 Z NOTICE OF PUBLIC HEARING To adopt an ordinance amendi the Uniform Building; Code - Ordinance No. 3208 NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chambers at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATEMME: Monday, August 16, 1993, 7:00 p.m. REQUEST: Adopt proposed Ordinance No.3208 to amend Section 17.04.090 of the Huntington Beach Municipal Code, pertaining to amendments to Appendices of the Uniform Building Code, to include Chapter 70 of the Uniform Building Code as an excluded chapter. Section 17.04.090 of the Huntington Beach Municipal Code is proposed to be amended to read as follows: 17.04.090 Amendments to appendices. The Uniform Building Code is hereby amended by deleting from the appendices Chapters 1, 12, 23, 38, 51, 53, 57 and 70. ENVIRONMENTAL STATUS: This action is not a "project" subject to C E Q A provisions. ON FILE: A copy of the proposed ordinance is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit written evidence for, or against, 'the application as outlined above, or to submit written communications to the City Clerk. If there are any further questions, please call Steve May at (714) 536-5510. Connie Brockway, City Clerk Huntington Beach City Council 2000 Main Street Huntington Beach, CA 92648 (714) 536-5227 i� CITY OF HUNTINGTON BEACH fell INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To: Connie Brockway, City Clerk From: Steve May, Principal Engineer Date: July 23, 1993 Subject: ADVERTISEMENT REQUEST Attached is a Notice of Public Hearing which needs to be advertised at least 10 days before the August 16th hearing date. Please call if you have any questions; x 5510. V_ • CITY OF HUNTINGTON BEACH V�" INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH (9 To: Connie Broc , City Clerk From: Steve May, Principa neer714 Date: July 23, 1993 Subject: ADVERTISEMENT REQUEST Below is a Notice of Public Hearing which needs to be advertised rat least 10 days before the August 16th hearing date. Please call if you have any questions. NOTICE OF PUBLIC HEARING To adopt an ordinance amending the Uniform Building Code -"0X.Df,;i," llo , 3ac)Sl NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chambers at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday, August 1$, 1993, 7:00 p.m. REQUEST: Adopt a�19rdinance4o amend Section 17.04.090 of the Huntington Beach Municipal Code/Pertaining to amendments to Appendices of the Uniform Building Code, to include Chga�pter 70 of the Uniform y�Building gCode as an�Je�xc(�luded chapter. l 7, ,09 D � #6MC. �S j;et a E f (I.) k a"16 IC_ !_0 i 4x a�v�� / ENVIRONMENTAL STATUS: This action is not a "project" subject to u G" C E Q A provisions. ON FILE: A copy of the proposed ordinance is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. ' ALL INTERESTED PERSONS are invited to attend said h �rmg and express opinions or-submit V.b I evidence for, or against, the application as outlined above If there are any further questions, please call Steve May at (714) 536-5510. Y Connie Brockway, City Clerk Huntington Beach City Council 2000 Main Street Huntington Beach, CA 92648 (714) 536-5227 1 REQ UEr FOR CITY COUNCIACTION L / Date: August 2, 1993 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrate rJ 3�Q Prepared by: q is F. Sandoval, Director of Public Works V` 3d 1 t? Subject: AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ARTICLE 17 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 17.05 RELATING TO GRADING AND EXCAVATION TOGETHER WITH AN ORDINANCE DELETING SECTIONS 17.04.100 AND 17.04.110 PERTAINING TO STOCKPILES, AND TOGETHER WITH AN ORDINANCE AMENDING SECTION 17.04.090 PERTAINING TO AMENDMENTS TO APPENDICES OF THE UNIFORM BUILDING CODE Consistent with Council Policy? [X] Yes Statement of Issue, Recommended Action, Analysis, Funding Source, Alternative action, Attachments. ------------------------------------------------------------------------------------------------------------------- --k---- STATEMENT OF ISSUE: A new and comprehensive grading ordinance is proposed for adoption. RECOMMENDED ACTION: 1. Approve introduction of the attached ordinance amending Article 17 of the Huntington Beach Municipal Code by adding Chapter 17.05 relating to grading and excavation, AND 2. Approve introduction of the attached ordinance deleting sections 17.04.100 and 17.04.110 of the Huntington Beach Municipal Code pertaining to stockpiles, AND 3. Approve introduction of the attached ordinance amending section 17.04.090 of the Huntington Beach Municipal Code pertaining to amendments to appendices of the Uniform Building Code, and direct that a public hearing be set for a second reading on August 16, 1993. ANALYSIS: Existing Ordinance: The Huntington Beach Municipal Code presently incorporates, by reference, Chapter 70 of the Uniform Building Code (UBC) which addresses grading. The UBC is a nationally adopted code intended primarily to address building issues. The UBC addresses administrative procedures for grading permits, but contains minimal specifications for grading work. Grading specifications contained in the UBC are intended to be applicable on a nation wide basis and are, in some cases, Request for City Council Action• • Grading Ordinance August,2, 1993 Page 2 not applicable to the topography and geology of Huntington Beach. It is proposed that the Municipal Code reference to the UBC be deleted, and that a new grading ordinance be adopted in place of the grading portion of the UBC. Sections 17.04.10 and 17.04.110 of the Municipal Code pertain to stockpiles. It is proposed that these Sections be incorporated, without modification, in the new grading ordinance, and that the above referenced sections of the Municipal Code be deleted. Proposed Ordinance: The proposed grading ordinance will set forth rules and regulations for the control of excavation, grading, earthwork, site improvement construction and stockpiles, and will establish administrative requirements for issuance of grading permits, approval of plans and for inspection of grading construction. The proposed grading ordinance will also aid the Fire Department in identifying and regulating the handling and mitigation of contaminated soil. The proposed grading ordinance is modeled after the County of Orange grading ordinance. The County ordinance has been tested and modified over the past 20 years and has served as a model for the cities of Orange, Irvine, and Mission Viejo. The County ordinance contains general provisions while it authorizes County Staff to prepare and update a grading manual which includes detailed specifications and procedures. The City of Orange ordinance contains fewer general provisions than the County ordinance while it delegates more authority to staff to develop grading standards. The proposed ordinance presented here more closely follows the County model where general provisions are outlined in the ordinance, and development of detail specifications is delegated to staff. If the proposed ordinance is adopted, then the Director of Public Works would be authorized to prepare a grading manual with detailed specifications, and to modify that manual as necessary. A copy of the grading manual is attached for reference. The proposed ordinance provides for any future organizational changes which might transfer responsibility for regulation of grading operations to the Director of Community Development. The proposed grading ordinance is configured to accommodate any such transfer of responsibility with only minor modification to the ordinance. Costs: Implementation of the proposed ordinance would not create any additional costs for the City. Grading requirements under the proposed grading ordinance would be more specific, but would not be significantly more stringent than existing requirements. Therefore it is not expected that there would be additional costs for developers. i J Request h'uest for City Council Action-0 Grading Ordinance August 2, 1993 Page 3 Benefits: Benefits would be difficult to quantify at this time. However, it is expected that better control of grading operations would result in improved property values, and in reduced future claims against the City. FUNDING SOURCE: Not applicable ALTERNATIVE ACTION: Deny approval of the proposed ordinances. ATTACHMENTS: 1. Proposed grading ordinance 2. Proposed ordinance pertaining to stockpiles 3. Proposed ordinance pertaining to amendments to appendices of the Uniform Building Code 4. Grading Manual 5. UBC Grading Code LFS:REE:SWM:BPC A:\RCAGRAD.01 i ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH_ AMENDING THE HUNTINGTON BEACH MUNICIPAL' CODE BY DELETING SECTIONS 17 . 04 . 100 and 17. 04 . 110 PERTAINING TO STOCKPILES. WHEREAS, the City Council wishes to update the composition of the Municipal Code of the City of Huntington Beach. NOW, THEREFORE, `the City Council of the City of Huntington Beach does hereby ordain as follows : That Sections 17 . 04 . 100 .and 17. 04 . 110 of the Huntington Beach Municipal Code are hereby repealed PASSED AND ADOPTED by the City Council of the City of Huntington i ' Beach at a regular meeting thereof held on the da 1 g g Y of 1993 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk � C it Attorney AND P VITIATED D PROVED: City AdmlinlstVaUr Direct r, Public Works AFJ204 I • ORDINANCE NO. 3 � AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 17 . 04 . 090 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO THE UNIFORM BUILDING CODE WHEREAS, the City of Huntington Beach has previously . incorporated certain provisions of the Uniform Building Code; and The City Council desires to amend the Municipal Code to delete certain previously adopted provisions of the Uniform Building Code, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows : SECTION 1 . The Section 17 . 04 . 090 of the Huntington Beach Municipal Code is hereby amended to read as follows : - 17 . 04 . 090 Amendments to appendices . The Uniform Building Code is hereby amended by. deleting from the appendices Chapters 1, 12, 23 , 38, 51, 53 , 57 and 70 . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular. meeting thereof held on the day of 1993 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 7/3-M EVIEWED A PP 0 ED: INITIATED ND APPROVED: ity AdiOrIiYtrator Dir ctor of Public Works 7/13/93 :211 : sg -1- P I i ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE 17 OF THE ! : HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 17 . 05 RELATING TO GRADING AND EXCAVATION The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. Huntington Beach Municipal Code is amended to add Section 17 . 05, said section to read as follows : Chapter 17 . 05 GRADING AND EXCAVATION CODE SECTIONS: 17 - 05 . 010 Title 17 . 05 . 020 Scope 17. 05 . 030 Grading Manual 17. 0.5 . 040 Definitions 17. 05 . 050 . Grading Permits r 17. 05 . 060 ' Grading Permit, Paving III 17. 05 . 070 Grading Permit; Watercourse I . Alteration 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 Permittee 17. 05 .200 Protection Of Adjoining Property 17. 05 . 210 Import And Export Of Earth Material 17 . 05 .220 Grading Plan Check Fees . 17 . 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 I 194 :AFJk 1 17 . 05 .290 . Drainage And Terracing 17 . 05 .300 Asphalt Concrete Pavement 17 . 05 .310 Erosion Control System 17 . 05 .320 Erosion Control Plan 17. 05. 330 Erosion Control Maintenance 17 . 05 .340 Inspection Authority 17 . 05 .350 Engineer of Record Responsibility 17. 05 .360 Notification Of Non-Compliance 17. 05 .370 Transfer Of 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 may be cited as the "City of Huntington Beach Grading and Excavation Code." "Code" as referred to in this Chapter, unless the context clearly indicates otherwise, shall mean the "City of Huntington Beach Grading and Excavation Code. 17. 05 . 020 Scope. This Code sets forth rules and regulations" to control excavation, grading, earthwork and site improvement construction, and to establish administrative requirements for issuance of permits and approval of plans and inspection of grading construction. 17. 05 . 030 Grading Manual . The Director of Public Works shall formulate and modify as necessary such rules, procedures, and interpretations as may be necessary or convenient to administer this Chapter. Such rules, procedures and interpretations shall be referred to as the "City of Huntington Beach Grading Manual" or the "Grading Manual . " In the event of any conflict between said Grading Manual and this Code, the provisions of this Code shall govern. The provisions of the said Grading Manual shall, to the extent that they are made conditions of any permit by the Director of Public Works, be binding on the permittee. .17. 05 . 040 Definitions . (a) Approval, unless otherwise specified, shall mean a written engineering or geological opinion by the responsible engineer or geologist of record concerning the progress and completion of the work. (b) Approved plans shall mean the current grading plans which bear the signature of approval of the Department of Public Works . 194 :AFJk 2 I 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 . (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 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 1705 .240 . 17 . 05 . 260 Cuts . Cut slopes shall be no steeper than two horizontal to one vertical (2 : 1) unless otherwise recommended in the soil engineering or engineering geology report and approved by the Director. The slope of cut surfaces shall be no steeper than is safe for the intended use. 17 . 05 .270 Fills . Fill slopes shall be no steeper than two horizontal to one vertical (2 : 1) unless otherwise recommended in the soil engineering report and approved by the Director . The slope of fill surfaces shall be no steeper than is safe for the intended use. 17. 05 . 280 Setbacks . Structures shall be set back from the tops and toes of slopes as specified in the Grading Manual . 17, 05 , 290 Drainage and Terracing. Drainage facilities and terracing shall conform to the provisions of the Grading Manual unless otherwise approved by the Director and delineated on the ++-- approved grading plan. i • ` 194 :AFJk 18 • SUBARTICLE 11 EROSION CONTROL 11.1 Information On Erosion Control Plans The plan shall include, but not be limited to: a. The name and twenty-four (24) hour telephone number of the person responsible for performing emergency erosion control work. b. The signature of the civil engineer or other qualified individual who prepared the grading plan and who is responsible for inspection and monitoring of the erosion control work. C. All desilting and erosion protection facilities necessary to protect adjacent property from sediment deposition. d. The streets and drainage devices that will be completed and paved by October 15. e. The placement of sandbags or gravelbags, slope planting, or other measures to control erosion from all slopes above and adjacent to roads open to the public. Use of gravel bags are encouraged over sandbags. f. The plan shall indicate how access will be provided to maintain desilting facilities during wet weather. SUBARTICLE 12 GRADING INSPECTION 12.1 Site Inspection by the Director Prior to any grading, brushing, or clearing, there shall be a pre-grading meeting held on the site. Prior to pouring curb and gutter or placement of pavement base material, there shall be a pre-paving meeting held on the site. The permittee, or agent, shall notify the Director at least two (2) working days prior to the meetings and shall be responsible for notifying all principals responsible for grading or paving related operations. -21- It shall be the duty of the*son doing the work authorized by aamit to notify the Director at least one (1) working day prior to the work being ready for the following inspections: a. Excavation and Fill Inspection 1. Clearing: After all brush and unsuitable material has been removed and an acceptable base has been exposed, but before any fill is placed. 2. Toe Bench and Key: After the natural ground or bedrock is exposed and prepared to receive fill, but before fill is placed. 3. Over—Excavation: After the area has been excavated but before fill is placed. 4. Excavation: After the excavation is started, but before the vertical depth of the excavation exceeds ten (10) feet, and every ten foot interval thereafter. Continuation of this excavation operation need not await the arrival of the grading inspector provided that proper notification has been made to the Director. S. Fill: After the fill has started, but before the vertical height of the fill exceeds ten (10) feet, and every ten (10) foot interval thereafter. Continuation of this fill operation need not await the arrival of the grading inspector provided that proper notification has been made to the Director. b. Concrete or gunite drainage device inspection: 1. Alley gutter and/or concrete device draining asphalt: (a) Subgrade (prior to placement of concrete:) Subgrade is to be prepared and required reinforcement placed. The civil engineer shall provide a field memo that line and grade is set in accordance with the approved plans. (b) Concrete placement: Concrete placement need not await the arrival of the grading inspector provided proper notification has been made to the Director. 2. Curb and gutter (private property:) (a) Subgrade (prior to placement of concrete:) Subgrade is to be made, forms and reinforcement are to be placed. The civil engineer shall provide a field memo that line and grade is set in accordance with the approved plans. —22— (b) Concrete placement: Concrete placement need not await the arrival of the grading inspector provided proper notification has been made to the Director. 3. Terrace drains, down drains, brow ditches, and other paved drainage devices: (a) Subgrade: Prior to placement of welded wire mesh or reinforcing steel. The civil engineer shall provide a field memo that line and grade is set in accordance with the approved plans (b) Reinforcement: Thickness control wire and reinforcing steel or welded wire mesh are to be installed but prior to placement of gunite or concrete. (c) Concrete placement: Concrete placement need not await the arrival of the grading inspector provided proper notification has been made to the Director. 4. Sidewalks used as drainage devices: Subgrade: Prior to placement of concrete, subgrade is to be made, forms are to be in place with the required reinforcement. The civil engineer shall provide a field memo that line and grade is set in accordance with the approved plans. c. Drainage device other then concrete or gunite inspection: 1. Subdrains: (a) After excavation but prior to placement of filter material and pipe. The subdrain pipe and filter material shall be on-site for inspection. (b) After filter material and subdrain has been placed but prior to covering with backfill. 2. Storm drain and inlets: (a) After placement of storm drains but prior to covering with backfill. The civil engineer shall provide a field memo that line and grade is set in accordance with the approved plans. -23- • • (b) After placement of inlet forms but prior to pouring concrete. The civil engineer shall provide a field memo that line and grade is set in accordance with the approved plans. 3. Earth Swales: (a) Prior to rough grading approval or lumber drop. (b) Prior to final grading approval. d. Rough Grade Inspection When all rough grading has been completed. This inspection may be called for at the completion of rough grading without the necessity of the Director having previously reviewed and approved the required reports if the grading was performed under a precise grading permit. Under normal circumstances, all subdrains and slope drains shall be in place and approved as a condition for rough grading approval. e. Paving Inspection 1. Subgrade: After subgrade has been established, tested, and approved by the soil engineer, or his qualified representative. The soil engineer shall provide a field memo of compaction test results. The civil engineer shall provide a field memo that line and grade is set in accordance with approved plans. 2. Untreated Base: After untreated base course has been placed, tested, and approved by the soil engineer, or his qualified representative, but prior to prime coast and asphalt placement. The soil engineer shall provide a field memo of compaction test results. The civil engineer shall provide a field memo that line and grade is set in accordance with the approved plans. Material invoices may be required. -24- 3. Asphalt: (a) During asphalt lay down to verify continuous inspection by the soil engineer, or his qualified representative or a special inspector when authorized. Material invoices may be required. Asphalt placement need not await the arrival of the grading inspector provided that proper notification has been made to the Director. (b) Prior to application of seal coat, the paved surface shall be water tested to reveal any irregularities and shall be patched where required. Material invoices may be required after placement of seal coat. f. Final Inspection After alf work, including installation of all drainage structures and other protective devices, has been completed and all written professional approvals and the required reports have been submitted. An as-built plan will be required if, in the opinion of the Director, the finished site significantly deviates from the approved grading plan. g. Siltation Control Facilities (Rainy season: October 15 to April 15) 1. After excavation of desilting basins but prior to fill placement. Prefabricated devices are to be available on-site for inspection. 2. After fill placement for desilting basins but prior to placement of concrete or other non-erosive materials. 3. After completion of an erosion control system in accordance with an approved erosion control plans and the requirements of the Director. 12.2 Alternate Materials and Methods of Construction a. The provisions of this grading manual are not intended to prevent the use of any material or method of construction not specifically prescribed by the grading code or this grading manual provided any such alternate has been approved pursuant to this section. -25- b. The Director may approve any such alternate provided he finds that the proposed design is satisfactory and complies with the provisions of the grading code and this grading manual and that the material, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in quality, strength, effectiveness, and safety. c. The Director shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. d. Whenever there is insufficient evidence of compliance with the provisions of this grading manual or evidence that any material or any construction does not conform to the requirements of this grading manual or in order to substantiate claims for alternate material or methods of construction, the Director may require tests as proof of compliance to be made at the expense of the owner or his agent by an approved testing agency. e. Test methods shall be as specified by this grading manual for the material in question. If there are no appropriate test methods specified, the Director shall approve the test procedure. Copies of the results of all such tests shall be retained for a period of not less than two (2) years after the acceptance of the grading. SUBARTICLE 13 COMPLETION OF WORK 13.1 Final Reports Upon completion of the rough grading work and at the final completion of the work under the grading permit but prior to the issuance of building permits or release of grading bond or issuance of a certificate of use and occupancy, the Director may require: a. An as-graded grading plan prepared by the civil engineer, architect, or other qualified person, which shall include corrected original ground surface elevations if necessary, graded ground surface elevations, lot drainage patterns, manufactured slope inclination, and location of all drainage facilities and subdrains. b. A written approval by the civil engineer approving the grading as being substantially in conformance with the approved grading plan and which specifically approves the following items as appropriate to the project and stage of grading: -26- i • 1. Construction of line and grade for all engineered drainage devices and retaining walls (rough and final grading.) 2. Staking of property corners for proper building locations (rough grading.) 3. Setting of all monuments in accordance with the recorded tract map (rough or final grading.) 4. Location of permanent walls or structures on property corners or property dines where monumentation is not required (final grading.) 5. Location and inclination of all manufactured slopes (rough and final grading.) 6. Construction of earthen berms and positive building pad drainage (rough and final grading.) When the approved grading plan is not prepared by a civil engineer, the architect, or other licensed professional who prepared the plan, shall provide written approval of the grading as being substantially in conformance with the approved grading plan. C. A soil engineering report prepared by the soil engineer, including type of field testing performed, suitability of utility trench and retaining wall backfill, summaries of field and laboratory tests and other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the soil engineering investigation report. Each field density test shall be identified, located on a plan or map, the elevation of test and finish grade elevation shown, and the method of obtaining the in-place density described, either Uniform Building Code Standard 70-2 or the approved equal, shall be so noted. The soil engineer shall provide a written approval as to the adequacy of the site for the intended use, as affected by soil engineering factors. The Director may require that the soil tests or testing be performed by an approved testing agency. d. A geology report prepared by the engineering geologist, including a final description of the geology of the site including any new information disclosed during the grading, and the effect of same on recommendations incorporated in the approved grading plan. He shall provide a written approval as to the adequacy of the site for the intended use as affected by geologic factors and when required by the Director, shall submit an as-built geologic map. -27- e. A statement prepared by the grading contractor describing the volume of excavation and fill moved on the project. In addition, if the grading plan was not prepared by a registered civil engineer or registered professional authorized to prepare grading plans and perform inspections, the grading contractor shall submit written approval that the work was completed in accordance with the approved plans. -28- 3373g/1-28 's a 1991 UNIFORM BUILDING CODE . APPENDIX Chapter 70 EXCAVATION AND GRADING Purpose Sec. 7001.The purpose of this appendix is to safeguard life,limb,property and the public welfare by regulating grading on private property. Scope Sec. 7002.This appendix.sets forth rules and regulations to control excavation, grading and earthwork construction,including fills and embankments;establishes the administrative procedure for issuance of permits;and provides for approval of plans and inspection of grading construction. The standards listed below are guideline standards and as such are not adopted as part of this code (see Sections 6002 and 6003). 1. Testing A. ASTM D 1557, Moisture-density Relations of Soils and Soil Aggre- grate Mixtures B. ASTM D 1556, In Place Density of Soils by.the Sand-Cone Method C. ASTM D 2167,In Place Density of Soils by the Rubber-Balloon Method D. ASTM D 2937,In Place Density of Soils by the Drive-Cylinder Method E. ASTM D 2922 and D 3017, In Place Moisture Contact and Density of Soils by Nuclear Methods Permits Required Sec. 7003.(a)Permits Required.Except as specified in Subsection(b)of this section,no person shall do any grading without first having obtained a grading per- mit from the building official. (b)Exempted Work.A grading permit is not required for the following: 1. When approved by the building official, grading in an isolated, self-con- tained area if there is no danger to private or public property. 2. An excavation below finished grade for basements and footings of a build- ing, retaining wall or other structure authorized by a valid building permit. This a shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than 5 feet after the comple- tion of such structure. 3. Cemetery graves. 4. Refuse disposal sites controlled by other regulations. 5. Excavations for wells or tunnels or utilities. 6.Mining,quarrying,excavating,processing,stockpiling of rock,sand,gravel, aggregate or clay where established and provided for by law,provided such opera- tions do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property. 993 APPENDIX 1991 UNIFORM BUILDING CODE t i 7. Exploratory excavations under the direction of soil engineers or engineering geologists. 8. An excavation which (1) is less than 2 feet in depth, or (2) which does not create a cut slope greater than 5 feet in height and steeper than 11h horizontal to 1 vertical. 9. A fill less than 1 foot in depth and placed on natural terrain with a slope flatter than 5 horizontal to 1 vertical,or less than 3 feet in depth,not intended to support structures, which does not exceed 50 cubic yards on any one lot and does not ob- struct a drainage course. Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provi- sions of this chapter or any other laws or ordinances of this jurisdiction. Hazards Sec. 7004.Whenever the building official determines that any existing excava- tion or embankment or fill on private property has become a hazard to life and limb, Pr endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located,or other person or agent in control of said property,upon receipt of notice in writing from the building official,shall within the period specified therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this code. Definitions Sec. 7005. For the purposes of this appendix the definitions listed hereunder shall be construed as specified in this section. APPROVAL shall mean the proposed work or completed work conforms to thi s chapter in the opinion of the building official. x,. AS-GRADED is the extent of surface conditions on completion of grading. BEDROCK is in-place solid rock. BENCH is a relatively level step excavated into earth material on which fill is to be placed. BORROW is earth material acquired from an off-site location for use in grading on a site. CIVIL ENGINEER is a professional engineer registered in the state to practice in the field of civil works. CIVIL ENGINEERING is the application of the knowledge of the forces of j nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works. COMPACTION is the densification of a fill by mechanical means. EARTH MATERIAL is any rock, natural soil or fill or any combination thereof. ENGINEERING GEOLOGIST is a geologist experienced and knowledge-!, able in engineering geology. 994 i I i 1991 UNIFORM BUILDING C018 APPEN t I . ENGINEERING GEOLOGY is the application of geologic knowledge principles in the investigation and evaluation of naturally occurring rock and for use in the design of civil works. EROSION is the wearing away of the ground surface as a result of the me ment of wind, water or ice. EXCAVATION is the mechanical removal of earth material. FILL is a deposit of earth material placed by artificial means. GEOTECHNICAL ENGINEER. See "soils engineer." GRADE is the vertical location of the ground surface. Existing Grade is the grade prior to grading. Rough Grade is the stage at which the grade approximately conforms to approved plan. Finish Grade is the final grade of the site which conforms to the approved pl GRADING is any excavating or filling or combination thereof. KEY is a designed compacted fill placed in a trench excavated in earth mate. beneath the toe of a proposed fill slope. PROFESSIONAL INSPECTION is the inspection required by this code tc performed by the civil engineer,soils engineer or engineering geologist. Such spections include that performed by persons supervised by such engineers or ge ogists and shall be sufficient to form an opinion relating to the conduct of the we SITE is any lot or parcel of land or contiguous combination thereof,under same ownership, where grading is performed or permitted. SLOPE is an inclined ground surface the inclination of which is expressed a ratio of horizontal distance to vertical distance. SOIL is naturally occurring superficial deposits overlying bedrock. SOILS ENGINEER(GEOTECHNICAL ENGINEER)is an engineer exl rienced and knowledgeable in the practice of soils engineering(geotechnical)e gineering. SOILS ENGINEERING (GEOTECHNICAL ENGINEERING) is t application of the principles of soils mechanics in the investigation,evaluation a design of civil works involving the use of earth materials and the inspection or to ing of the construction thereof. TERRACE is a relatively level step constructed in the face of a graded slo surface for drainage and maintenance purposes. Grading Permit Requirements Sec. 7006. (a) Permits Required. Except as exempted in Section 7003 of tt node,no person shall do any grading without first obtaining a grading permit fro the.building official. A separate permit shall be obtained for each site, and m cover both excavations and fills. (b)Application.The provisions of Section 302(a)are applicable to grading ai in addition the application shall state the estimated quantities of work involve(' (c)Grading Designation.Grading in excess of 5,000 cubic yards shall be pe formed in accordance with the approved grading plan prepared by a civil enginee 99 i z APPENDIX 1991 UNIFORM BUILDING t } and shall be designated as"engineered grading."Grading involving less tha cubic yards shall be designated"regular grading"unless the permittee chc have the grading performed as engineered grading, or the building officia mines that special conditions or unusual hazards exist,in which case gradii conform to the requirements for engineered grading. (d)Engineered Grading Requirements.Application for a grading pen,, be accompanied by two sets of plans and specifications,and supporting d; sisting of a soils engineering report and engineering geology report.The pl specifications shall be prepared and signed by an individual licensed by the prepare such plans or specifications when required by the building offici Specifications shall contain information covering construction and mat quirements. Plans shall be drawn to scale upon substantial paper or cloth and shall bi ficient clarity to indicate the nature and extent of the work proposed and detail that they will conform to the provisions of this code and all releva ordinances,rules and regulations.The first sheet of each set of plans shall cation of the work,the name and address of the owner and the person by wh were prepared. The plans shall include the following information: 1. General vicinity of the proposed site. 2. Property limits and accurate contours of existing ground and detail rain and area drainage. 3. Limiting dimensions, elevations or finish contours to be achieve grading, and proposed drainage channels and related construction. 4. Detailed plans of all surface and subsurface drainage devices, wa. bing,dams and other protective devices to be constructed with,or as a pa proposed work together with a map showing the drainage area and the e runoff of the area served by any drains. 5. Location of any buildings or structures on the property where the w be performed and the location of any buildings or structures on land of owners which are within 15 feet of the property or which may be affects proposed grading operations. .6. Recommendations included in the soils engineering report and thee ing geology report shall be incorporated in the grading plans or specif When approved by the building official, specific recommendations con" the soils engineering report and the engineering geology report,which are ble to grading,may be included by reference. 7. The dates of the soils engineering and engineering geology reports with the names,addresses and phone numbers of the firms or individuals pared the reports. (e) Soils Engineering Report.The soils engineering report required section (d) shall include data regarding the nature, distribution and str existing soils,conclusions and recommendations for grading procedure', sign criteria for corrective measures,including buttress fills,when neces 996 n j • 1991 UNIFORM BUILDING CODE • APPENDIX opinion on adequacy for the intended use of sites to be developed by the proposed grading as affected by soils engineering factors, including the stability of slopes. (f)Engineering Geology Report.The engineering geology report required by Subsection(d)shall include an adequate description of the geology of the site,con- clusions and recommendations regarding the effect of geologic conditions on the proposed development,and opinion on the adequacy for the intended use of sites to be developed by the proposed grading, as affected by geologic factors. (g) Regular Grading Requirements. Each application for a grading permit shall be accompanied by a plan in sufficient clarity to indicate the nature and extent of the work. The plans shall give the location of the work, the name of the owner and the name of the person who prepared the plan.The plan shall include the fol- lowing information: 1. General vicinity of the proposed site. 2. Limiting dimensions and depth of cut and fill. 3. Location of any buildings or structures where work is to be performed, and the location of any buildings or structures within 15 feet of the proposed grading. (h)Issuance.The provisions of Section 303 are applicable to grading permits. The building official may require that grading operations and project designs be modified if delays occur which incur weather-generated problems not considered at the time the permit was issued. The building official may require professional inspection and testing by the soils engineer.When the building official has cause to believe that geologic factors may be involved, the grading will be required to conform to engineered grading. i Grading Fees Sec. 7007.(a)General.Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in the fee schedule adopted by the jurisdiction. i �- (b)Plan Review Fees.When a plan or other data are required to be submitted,a plan review fee shall be paid at the time of submitting plans and specifications for review.Said plan review fee shall be as set forth in Table No.70-A.Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. For excavation and fill on the same site, the fee shall be based on the volume of excavation or fill, whichever is greater. (c) Grading Permit Fees. A fee for each grading permit shall be paid to the building official as set forth in Table No.70-B.Separate permits and fees shall ap- ply to retaining walls or major drainage structures as required elsewhere in this code.There shall be no separate charge for standard terrace drains and similar faci- lities. i 997 I s e • APPENDIX • 1991 UNIFORM BUILDING COI I TABLE NO. 70-A—GRADING PLAN REVIEW FEES1 50 cubic yards or less . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No 51 to 100 cubic yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15 101 to 1,000 cubic yards 2 1,001 to 10,000 cubic yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : 30 10,001 to 100,000 cubic yards—$30.00 for the first 10,000 cubic yards, p $15.00 for each additional 10,000 yards or fraction thereof. 100,001 to 200,000 cubic yards—$165.00 for the first 100,000 cubic yards, p $9.00 for each additional 10,000 cubic yards or fraction thereof. 200,001 cubic yards or more—$255.00 for the first 200,000 cubic yards, p $4.50 for each additional_10,000 cubic yards or fraction thereof. Other Fees: Additional plan review required by changes, additions or revisions to approved plans . . . . . . . . . . . . . . . . . . . . . . . . . $30.00 per ho (minimum charge—one-half hour) *Or the total hourly cost to the jurisdiction,whichever is the greatest.This cost shall incl supervision, overhead, equipment, hourly wages and fringe benefits of the emplo involved. y TABLE NO. 70-13—GRADING PERMIT FEES' 50 cubic yards or less . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . $1 51 to 100 cubic yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 101 to 1,000 cubic yards—$22.50 for the first 100 cubic yards plus$10.50 for f additional 100 cubic yards or fraction thereof. 1,001 to 10,000 cubic yards—$117.00 for the first 1,000 cubic yards,plus$9.01 each additional 1,000 cubic yards or fraction thereof. 10,001 to 100,000 cubic yards—$198.00 for the first 10,000 cubic yards,i $40.50 for each additional 10,000 cubic yards or fraction thereof. 160,001 cubic yards or more—$562.50 for the first 100,000 cubic yards, $22.50 for each additional 10,000 cubic yards or fraction thereof. Other Inspections and Fees: 1. Inspections outside of normal business hours . . . . . . . . $30.00 per t (minimum charge—two hours) 2. Reinspection fees assessed under provisions of Section 305 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30.00 per t 3. Inspections for which no fee is specifically indicated . $30.00 per 1 (minimum charge—one-half hour) IThe fee for a grading permit authorizing additional work to that under a valid permii be the difference between the fee paid for the original permit and the fee shown f entire project. 20r the total hourly cost to the jurisdiction,whichever is the greatest.This cost shall it supervision, overhead, equipment, hourly wages and fringe benefits of the empl, involved. 998 i 1991 UNIFORM BUILDING CODE APPENDIX 1 I Bonds Sec. 7008.The building official may require bonds in such form and amounts as maybe deemed necessary to assure that the work,if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazard- ous conditions. In lieu of a surety bond the applicant may file a cash bond or instrument of credit with the building official in an amount equal to that which would be required in the surety bond. i Cuts Sec. 7009. (a) General. Unless otherwise recommended in the approved soils engineering or engineering geology report,cuts shall conform to the provisions of this section. In the absence of an approved soils engineering report,these provisions may be waived for minor cuts not intended to support structures. (b) Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use and shall be no steeper than 2 horizontal to 1 vertical unless the pennittee furnishes a soils engineering or an engineering geology report,or both, stating that the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property. Fills Sec. 7010. (a) General. Unless otherwise recommended in the approved soils engineering report,fills shall conform to the provisions of this section. In the absence of an approved soils engineering report,these provisions may be waived for minor fills not intended to support structures. (b) Preparation of Ground. Fill slopes shall not be constructed on natural slopes steeper than 2:1.The ground surface shall be prepared to receive fill by re- moving vegetation,noncomplying fill,topsoil and other unsuitable materials scar- ifying to provide a bond with the new fill and,where slopes are steeper than 5:1 and the height is greater than 5 feet,by benching into sound bedrock or other competent material as determined by the soils engineer.The bench under the toe of a fill on a slope steeper than 5:1 shall be at least 10 feet wide.The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided.When fill is to be placed over a cut,the bench under the toe of fill shall be at least 10 feet wide but the cut shall be made before placing the fill and acceptance by the soils engineer or engineering geologist or both as a suitable foundation for fill. (c) Fill Material. Detrimental amounts of organic material shall not be per- mitted in fills.Except as permitted by the building official,no rock or similar irre- ducible material with a maximum dimension greater than 12 inches shall be buried or placed in fills. EXCEPTION: The building official may permit placement of larger rock when the soils en(yineer properly devises a method of placement,and continuously inspects its placement and approves the fill stability.The following conditions shall also ap- ply: 999 f I 1 y APPENDIX • 1991 UNIFORM BUILDING C i r A. Prior to issuance of the grading permit, potential rock disposal areas sl delineated on the grading plan. B. Rock sizes greater than 12 inches in maximum dimension shall be 10 1 more below grade,measured vertically. 1 C.Rocks shall be placed so as to assure filling of all voids with well-grade (d) Compaction. All fills shall be compacted to a minimum of 90 percf maximum density. (e) Slope. The slope of fill surfaces shall be no steeper than is safe for t] tended use. Fill slopes shall be no steeper than 2 horizontal to 1 vertical. Setbacks Sec. 7011.(a)General.Cut and fill slopes shall be set back from site bounc in accordance with this section. Setback dimensions shall be horizontal dist measured perpendicular to the site boundary. Setback dimensions shall shown in Figure No. 70-1. (b) Top of Cut Slope. The top of cut slopes shall not be made nearer to boundary line than one fifth of the vertical height of cut with a minimum of and a maximum of 10 feet.The setback may need to be increased for any rec interceptor drains. (c) Toe of Fill Slope. The toe of fill slope shall be made not nearer to th boundary line than one half the height of the slope with a minimum of 2 feet maximum of 20 feet.Where a fill slope is to be located near the site boundar the adjacent off-site property is developed, special precautions shall be inc rated in the work as the building official deems necessary to protect the adjc property from damage as a result of such grading.These precautions may in but are not limited to: 1. Additional setbacks. 2. Provision for retaining or slough walls. x 3. Mechanical or chemical treatment of the fill slope surface to minimiz sion. 4. Provisions for the control of surface waters. (d)Modification of Slope Location.The building official may approve nate setbacks.The building official may require an investigation and recomm tion by a qualified engineer or engineering geologist to demonstrate that the of this section has been satisfied. -u Drainage and Terracing Sec._ 7012. (a) General. Unless otherwise indicated on the approved gr plan,drainage facilities and terracing shall conform to the provisions of this se for cut or fill slopes steeper than 3 horizontal to 1 vertical. (b)Terrace.Terraces at least 6 feet in width shall be established at not mor, 30-foot vertical intervals on all cut or fill slopes to control surface drainag debris except that where only one terrace is required,it shall be at midheigh cut or ill slopes greater than 60 feet and up to 120 feet in vertical height,one to 1000 t 991 UNIFORM BUILDING CODE • APPENDIX 4 at approximately midheight shall be 12 feet in width. Terrace widths and spacing for cut and fill slopes greater than 120 feet in height shall be designed by the civil engineer and approved by the building official.Suitable access shall be provided to permit proper cleaning and maintenance. Swales or ditches on terraces shall have a minimum gradient of 5 percent and must be paved with reinforced concrete not less than 3 inches in thickness or an approved equal paving.They shall have a minimum depth at the deepest point of 1 foot and a minimum paved width of 5 feet. A single run of Swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet(projected) without discharging into a down drain. (c)Subsurface Drainage.Cut and fill slopes shall be provided with subsurface drainage as necessary for stability. (d)Disposal.All drainage facilities shall be designed to carry waters to the near- est practicable drainage way approved by the building official or other appropriate jurisdiction as a safe place to deposit such waters. Erosion of ground in the area of discharge shall be prevented by installation of nonerosive downdrains or other devices. Building pads shall have a drainage gradient of 2 percent toward approved drainage facilities, unless waived by the building official. EXCEPTION: The gradient from the building pad may be 1 percent if all of the following conditions exist throughout the permit area: A. No proposed fills are greater than 10 feet in maximum depth. B. No proposed finish cut or fill slope faces have a vertical height in excess of 10 feet. C.No existing slope faces,which have a slope face steeper than 10 horizontal to 1 vertical,have a vertical height in excess of 10 feet. (e)Interceptor Drains.Paved interceptor drains shall be installed along the top of all cut slopes where the tributary drainage area above slopes toward the cut and x has a drainage path greater than 40 feet measured horizontally.Interceptor drains shall be paved with a minimum of 3 inches of concrete or gunite and reinforced. They shall have a minimum depth of 12 inches and a minimum paved width of 30 inches measured horizontally across the drain. The slope of drain shall be approved by the building official. Erosion Control Sec. 7013. (a) Slopes. The faces of cut and fill slopes shall be prepared and maintained to control against erosion.This control may consist of effective plant- ing.The protection for the slopes shall be installed as soon as practicable and prior to calling for final approval.Where cut slopes are not subject to erosion due to the erosion- resistant character of the materials, such protection may be omitted.. (b) Other Devices. Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and provide safety. 1001 i 3 • APPENDIX • 1991 UNIFORM BUILDING CODE Grading Inspection Sec. 7014.(a)General.Grading operations for which a permit is required shall be subject to inspection by the building official.Professional inspection of grading ?: operations shall be provided by the civil engineer,soils engineer and the engineer- ing geologist retained to provide such services in accordance with Section 7014(e) >' for engineered grading and as required by the building official for regular grading. ! (b) Civil Engineer. The civil engineer shall provide professional inspection XX within such engineer's area of technical specialty,which shall consist of observa- tion and review as to the establishment of line, grade and surface drainage of the development area.If revised plans are required during the course of the work they shall be prepared by the civil engineer. (c) Soils Engineer. The soils engineer shall provide professional inspection within such engineer's area of technical specialty,which shall include observation .': during grading and testing for required compaction. The soils engineer shall pro- vide sufficient observation during the preparation of the natural ground and place- ' ment and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and the appropriate require- ments of this chapter. Revised recommendations relating to conditions differing from the approved soils engineering and engineering geology reports shall be sub- mitted to the permittee, the building official and the civil engineer. (d) Engineering Geologist. The engineering geologist shall provide profes- sional inspection within such engineer's area of technical specialty,which shall in- clude professional inspection of the bedrock excavation to determine if conditions encountered are in conformance with the approved report.Revised recommenda- tions relating to conditions differing from the approved engineering geology report shall be submitted to the soils engineer. y f (e)Permittee.The permittee shall be responsible for the work to be performed ; in accordance with the approved plans and specifications and in conformance with the provisions of this code,and the permittee shall engage consultants,if required, I x•._ .. to provide professional inspections on a timely basis.The permittee shall act as a coordinator between the consultants,the contractor and the building official.In the event of changed conditions,the permittee shall be responsible for informing the building official of such change and shall provide revised plans for approval. (f)Building Official.The building official shall inspect the project at the vari- ous stages of work requiring approval to determine that adequate control is being exercised by the professional consultants. (g) Notification of Noncompliance.If, in the course of fulfilling their respec- tive duties under this chapter.the civil engineer,the soils engineer or the engineer- ing geologist finds that the work is not being done in conformance with this chapter or the approved grading plans,the discrepancies shall be reported immediately in writing to the permittee and to the building official. (h) Transfer of Responsibility. If the civil engineer, the soils engineer, or the engineering geologist of record is changed during grading, the work shall be stopped until the replacement has agreed in writing to accept their responsibility < within the area of technical competence for approval upon completion of the work. i 1002 1 1 • 1991 UNIFORM BUILDING CODFO APPENDI i It shall be the duty of the permittee to notify the building official in writing of su( change prior to the recommencement of such grading. Completion of Work Sec. 7015.(a)Final Reports.Upon completion of the rough grading work ai at the final completion of the work,the following reports and drawings and suppl ments thereto are required for engineered grading or when professional inspectic is performed for regular grading, as applicable. 1. An as-built grading plan prepared by the civil engineer retained to provic such services in accordance with Section 7014(e)showing original ground surfa( elevations, as-graded ground surface elevations, lot drainage patterns, and tl locations and elevations of surface drainage facilities and of the outlets of subsu face drains. As-constructed locations,elevations and details of subsurface draii shall be shown as reported by the soils engineer. Civil engineers shall state that to the best of their knowledge the work with their area of responsibility was done in accordance with the final approved gradii plan. 2. A report prepared by the soils engineer retained to provide such services accordance with Section 7014(c),including locations and elevations of field de city tests, summaries of field and laboratory tests, other substantiating data, al comments on any changes made during grading and their effect on the recomme dations made in the approved soils engineering investigation report. Soils ent neers shall submit a statement that,to the best of their knowledge,the work with their area of responsibilities is in accordance with the approved soils engineerii report and applicable provisions of this chapter. 3. A report prepared by the engineering geologist retained to provide such sc vices in accordance with Section 7014(e),including a final description of the gec ogy of the site and any new information disclosed during the grading andthe effe of same on recommendations incorporated in the approved grading plan. Ent neering geologists shall submit a statement that,to the best of their knowledge,tl work within their area of responsibility is in accordance with the approved ens neering geologist report and applicable provisions of this chapter. 4. The grading contractor shall submit in a form prescribed by the building of: cial a statement of conformance to said as-built plan and the specifications. (b)Notification of Completion.The permittee shall notify the building offici when the grading operation is ready for final inspection.Final approval shall not 1 given until all work,including installation of all drainage facilities and their prote tive devices,and all erosion-control measures have been completed in accordan. with the final approved grading plan,and the required reports have been submitte 10( . I • APPENDIX • 1991 UNIFORM BUILDING COE a k E } PA* Top of 1 Slope . l Natural or H/2 but 2'min. Finish Grade j and 20'max. • Cut or Fill t I PA* Slope Tot Slope H/5 but 2'min. and 10'max. H t � _ Natural or Finish Grade *Permit Area Boundary 4 Figure No. 70-1 i • i 1004 i 1 . 1991 UNIFORM BUILDING COD UNIT CONVERSION TABL i UNIT CONVERSION TABLES SI SYMBOLS AND PREFIXES BASE UNITS Quantity Unit Symbol Length Meter m Mass _ Kilogram kg Time Second s I Electric current Ampere A 3 Thermodynamic temperature Kelvin K Amount of substance Mole mol Luminous intensity. Candela cd SI SUPPLEMENTARY UNITS Quantity Unit Symbol Plane angle Radian rad Solid angle Steradian sr SI PREFIXES Multiplication Factor Prefix Sym 1 000 000 000 000 000 000 =1018 exa E 1 000 000 000 000 000. =1015 peta P 1 000,000 000 000 =1012 tera -T 1 000 000 000 =109 giga G 1 000 000 =106 mega M 1 000 =103 kilo k 100 =102 hecto h ' 10 =101 deka da 0.1 =101 deci d 0.01 =16-2 centi c 0.001 =10-3 milli m 0.000 001 = 10-6 micro µ 0.000 000 001 =10-9 nano n 0.000 000 000,001 =10-12 Pico P 0.000 000 000 000 001 =10-15 femto f 0.000 000 000 000.000 001 =10-18 atto a . (Continued) 1 UNIT.CONVERSION TABLES • 1991 UNIFORM BUILDING COE � i SI SYMBOLS AND PREFIXES--(Continued) Sl DERIVED UNIT WITH SPECIAL NAMES Quantity Unit Symbol Formula Frequency(of a periodic phenomenon) hertz Hz 1/s Force newton .N kg.m/S' { Pressure, stress pascal Pa N/m' Energy, work, quantity of heat joule J N.m f Power,radiant flux watt W J/s Quantity of electricity,electric charge coulomb C A•s Electric potential,potential difference, electromotive force volt V W/A Capacitance farad F C/V Electric resistance ohm Q V/A Conductance siemens S A/V Magnetic flux weber Wb V.s j Magnetic flux density tesla T Wb/m'- Inductance henry H Wb/A Luminous flux lumen lm cd.sr Illuminance lux Ix IM/m' Activity(of radionuclides) becquerel Bq 1/s Absorbed dose gray Gy J/kg CONVERSION FACTORS To convert to multiply by LENGTH 1 mile(U.S. statute) km 1.609 344 l yd in 0.9144 1 ft in 0.3048 mm 304.8 1 in mm 25.4 AREA 1 mile'(U.S. statute) km' 2.58999 1 acre(U.S. survey) ha 0.404 687 m' 4046.87 z 1 yd' m- 0.836 127 1 ft' m' 0.092 903 1 in mm' 645.16 i VOLUME,MODULUS OF SECTION 1 acre ft m3 1233.49 1 yd3 m3 0.764 555 100 board ft m3 0.235 974 1 ft3 m3 0.028 316 8 L(dm3) 28.3168 1 in3 mm3 16387.1 mL(cm3)' 16.3871 1 barrel(42 U.S. gallons) m3 .158987 1006 { 1991 UNIFORM BUILDING CODE 0 UNIT CONVERSION TABLES CONVERSION FACTORS—(Continued) To convert to multiply by (FLUID)CAPACITY 1 gal(U.S. liquid)** L* 3.785 41 1 qt(U.S. liquid) mL 946.353 1 pt(U.S. liquid) mL 473.177 1 fl oz(U.S.) mL 29.5735 i 1 gal(U.S. liquid) m3. 0.003 785 **1 gallon(UK)approx. 1.2 gal(U.S.) j *I liter approx.0.001 cubic meters j SECOND MOMENT OF AREA 1 in4 mm4 416 231 m4 0.416 231 x 10-6 PLANE ANGLE I*(degree) rad 0.017 453 3 mrad 17.4533 1' (minute) urad 290.888 I"(second) urad 4.848 14 VELOCITY,SPEED 1 ft/s m/s 0.3048 1 mile/h km/h 1.609 344 m/s 0.44704 VOLUME RATE OF FLOW 1 ft3/S m3/s 0.028 3168 1 ft3/min L/s 0.471 947' 1 gal/min L/s 0.063 090 2 1 gal./min m3/min 0.0038 1 gal/h mL/s 1.051 50 1 million gaud L/s 43.8126 1 acre ft/s m3/s 1233.49 TEMPERATURE INTERVAL 1°F °C or K 0.555 556 5/9°C = 5/9 K EQUIVALENT TEMPERATURE(toc= Tk-273.15) .f t°F 9/5 t,, + 32 MASS 1 ton(short***) metric ton 0.907 185 kg 907.185 1"lb kg 0.453 592 1oz g 28.3495 ***1 long ton(2240lb) kg 1016.05 MASS PER UNIT AREA 1 lb/ft2 kg/m2 4.88243 1 oz/yd2 g/m2 33.9057 1 oz/ft2 - g/m2 305.152 (Continued) 100' { s UNIT CONVERSION TABLES 1991 UNIFORM BUILDING CODE I CONVERSION FACTORS—(Continued) To convert to multiply by DENSITY(MASS PER UNIT VOLUME) l lb/ft3 kg/m3 16.0185 1 Ib/yd3 kg/m3 0.593 276 1 ton/yd3 t/m3 1.186 55 FORCE 1 tonf(ton-force) kN 8.89644 1 kip(1000 lbf) kN 4.448 22 1 lbf(pound-force) N 4.448 22 MOMENT OF FORCE,TORQUE ' 1 lbf.ft N-m 1.355 82 1 lbf-in N-m 0.112 985 1 tonfft kN-m 2.711 64 1 kip-ft kN-m 1.355 82 FORCE PER UNIT LENGTH Ilbf/ft N/m 14.5939 Ilbf/in N/m 175.127 1 tonf/ft kN/m 29.187 8 PRESSURE,STRESS,MODULUS OF ELASTICITY(FORCE PER UNIT AREA)(1 Pa = 1 N/m2) 1 tonf/in2 MPa 13.7895 I tonf/ft2 kPa 95.7605 1 kip/in2 MPa 6.89476 1 Ibf/in2 kPa 6.894 76 Ilbf/ft2 Pa 47.8803 Atmosphere kPa 101.3250 Iinch mercury kPa 3.376 85 1 foot(water column at 32°F.) kPa 2.988 98 WORK,ENERGY,HEAT(1 J = 1 N-m = 1 W-s) x 1 kWh(550 ft-lbf/s) Mj 3.6 1 Btu(Int. Table) kJ 1.055 06 J 1055.06 1 ft.lbf J 1.355 82 COEFFICIENT OF HEAT TRANSFER 1 Btu/(ft2-h-°F) W/(m2-K) 5.678 26 THERMAL CONDUCTIVITY 1 Btu/(ft-h:F) W/(m-K) 1.73073 ILLUMINANCE 1 lm/ft2(footcandle) lx(lux) 10.7639 LUMINANCE I cd/ft2 cd/m2 10.7639 1 foot lambert cd/m2 3.42626 I lambert kcd/m2 3.183 01 1008 i i I I • REQUEST FOR CITY COUNCIACTION Date: April 19, 1993 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator Prepared by: Louis F. Sandoval, Director of Public Works Subject: AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ARTICLE 17 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 17.05 RELATING TO GRADING AND EXCAVATION Consistent with Council Policy? [X] Yes -------------------------------------------------------------------------------------------------------------------------- Statement of Issue, Recommendation, Analysis, Funding Source, Alternative action, Attachments: 7� ------------------------------------------------------------------------------------------------------------------------- STATEMENT OF ISSUE: A new and comprehensive grading ordinance is proposed for adoption. RECOMMENDED ACTION: Adopt the attached ordinance amending Article 17 of the Huntington Beach Municipal Code by adding Chapter 17.05 relating to grading and excavation. ANALYSIS: Existing Ordinance: The present grading ordinance consists of Chapter 70 of the Uniform Building Code (UBC). The UBC is a nationally adopted code primarily intended to address building issues; It does not address grading in a comprehensive manner. The UBC addresses administrative procedures for grading permits,but contains minimal specifications for grading work. While building specifications are easily standardized on a nation wide basis, grading specifications should be designed to address local topography and geology. Proposed Ordinance: The proposed grading ordinance will set forth rules and regulations for the control of excavation, grading, earthwork .and site improvement construction, and will establish administrative requirements for issuance of grading permits, approval of plans and for inspection of grading construction. The proposed grading ordinance will also aid the Fire Department in identifying and regulating the handling and mitigation of contaminated soil. � f Request for City Council Action' • q tY Grading Ordinance April 19,1993 Page 2 The proposed grading ordinance prepared by the Department of Public Works is modeled after the County of Orange grading ordinance. The County ordinance has been tested and modified over the past 20 years and has served as a model for the cities of Orange, Irvine, and Mission Viejo. The County,ordinance contains basic provisions and authorizes County Staff to prepare and update a grading manual which includes detailed specifications. The City of Orange ordinance simply delegates authority to staff to develop grading standards. The proposed ordinance presented here more closely follows the County model where basic provisions are outlined in the ordinance, and development of detail specifications is delegated to staff. If the proposed ordinance is adopted, then the Director of Public Works would be authorized to prepare a grading manual with detailed specifications, and to modify that manual as necessary. A draft copy of the grading manual is attached for reference. There has been discussion among staff of transferring responsibility for regulation of grading operations to the Director of Community Development in the future. The proposed grading ordinance is configured to accommodate that possible transfer of responsibility with only minor modification to the ordinance. Costs: Implementation of the proposed ordinance could increase the cost of development by as much as 2% because of the higher level of control required by the ordinance. There would be no additional costs to the City to implement the ordinance. Benefits: It is expected that the benefits of a new grading ordinance would far exceed the costs. Benefits would be difficult to quantify at this time, but it is expected that better control of grading operations would result in improved property values, and in reduced claims against the City. FUNDING SOURCE: Existing staff charged to general fund ALTERNATIVE ACTION: Deny approval of the proposed grading ordinance. Request for City Council Action' Grading Ordinance April 19,1993 Page 3 ATTACHMENTS: 1. Proposed Grading Ordinance 2. Draft Grading Manual 3. UBC Grading Code LFS:REE:SWM:BPC RCA.01 •CITY OF HUNTINGTON BEACH GRADING MANUAL DEPARTMENT OF PUBLIC WORKS GENERAL PROVISIONS Authority City of Huntington Beach Grading and Excavation Code Chapter 17.00, Grading Manual, authorizes the Director of Public Works to formulate such rules, procedures, and interpretations as may be necessary or convenient to administer the Grading Code. Such rules, procedures, and interpretations, and amendments thereto, shall be referred to as the City of Huntington Beach Grading Manual upon approval by the City Council. Scope and Purpose The City of Huntington Beach Grading Manual (hereinafter referred to as grading manual) is a compilation of rules, procedures, and interpretations necessary to carry out the provisions of the City of Huntington Beach Grading Code. The grading manual is organized to follow the content of chapters in the grading code. The purpose of the grading manual is to assist users of the grading code by supplementing it with detailed information regarding rules, interpretations, standard specifications, procedures, requirements, forms, and other information applicable to control excavation, grading, and earthwork construction in the City of Huntington Beach. Should any portion of the grading manual be found to be in conflict with the provisions of the grading code, the code provision shall govern. Adoption and Revision The provisions of the grading manual, including revisions or additions thereto, shall be prepared by the Director, and shall become effective upon their being approved by resolution of the City Council. DEFINITIONS Definitions The definitions contained in this chapter are supplemental to those contained in the grading code. -1- As-graded shall mean the sace conditions extant on completioO grading. Bedrock shall mean relatively unweathered, consolidated or relatively hard formation that underlies the soil and other unconsolidated material. Bench shall mean a relatively level step excavated into earth materials on which fill is to be placed. Fault shall mean a fracture in the earth's crust along which movement has occurred. A fault is considered active if movement has occurred within the last +11,000 years (Holocene geologic time.) Flatland Site shall mean any site which does not fit the definition of a hillside site. 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 20 percent (%) or greater; and which may be adversely affected by drainage and/or stability conditions within or from outside the site, or which may cause an adverse effect on adjacent property. Key shall mean a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope. Keyway shall mean an excavated trench into competent earth material beneath the toe of a proposed fill slope. Retaining Wall shall mean a wall designed to resist the lateral displacement of soil or other materials. .Slope Stability: Gross Slope Stability shall mean the stability of slope material below a plane approximately three (3) to four (4) feet deep measured from and perpendicular to the slope face. Surface Slope Stability shall mean the stability of the outer three (3) to four (4) feet of slope material measured from and perpendicular to the slope face. -2- OADING PERMIT REQUIREMENTS• Grading Permit Application A grading permit application shall consist of the following items and forms completed and signed by the applicant or his representative unless otherwise specified by the Director: a. Application form b. Eight sets of grading plans c. Two copies of a preliminary soil report (if required) d. Two copies of a preliminary geology report (if required) e. Payment of grading plan check and inspection fee f. Three sets of erosion control plans for applications submitted between August 1 and April 1 g. Two copies of hydrology and hydraulic calculations, if applicable Grading Plan Clearance The Director shall notify the applicant that, prior to issuance of a grading permit, written clearance will be required from other Divisions within the City of Huntington Beach and may be required from other agencies. Depending on site conditions and location, written clearance or permits may be required from, but not limited to, the following agencies: a. California Regional Water Quality Control Board b. California Department of Fish and Game c. California Coastal Conservation Commission d. California Division of Industrial Safety e. City of Huntington Beach Fire Marshal (fuel modification) Upon notification by the Director, the applicant shall be responsible for submitting copies of the grading plans and information required by those divisions or agencies and obtaining the required clearance or permits. Grading Plan Check Information on Plans: Plans submitted for plan check shall be drawn to scale upon City of Huntington Beach standard grading sheets available from the Engineering Division or upon Mylar or linen, using the same format. The plans shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this grading manual, the Grading and Excavation Code, and all relevant laws, ordinances, rules, and regulations. -3- The first sheet of each set* plans shall give the location of S work and the name and address and telephone number of the owner, the person by whom they were prepared, the project soil engineer, engineering geologist, and when required, the project paleontologist and archaeologist. a. Preliminary Grading Permit: The plans shall include, but not be limited to, the following information: 1. Vicinity map of the site. 2. Property limits clearly labeled or otherwise identified and accurate contours of existing ground and details of terrain and area drainage a minimum of fifteen (15) feet beyond property limits (spot elevations may be used on flatland sites.) 3. Prominent existing or natural terrain features. 4. Limiting dimensions including setbacks between property lines and top and toe of slopes, elevations of finish contours to be achieved by the grading, proposed drainage devices, and related construction. 5. Details (plan and section) of all surface and subsurface drainage devices, walls, cribbing, dams, and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing the drainage area and estimated runoff from the area served by any drains. 6. Location of any existing buildings or structures on the property where the work is to be performed and the locations of any buildings or structures on land of adjacent owners which are within fifteen (15) feet of the property, or which may be adversely affected by the proposed grading operations. 7. 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 City of Huntington Beach Traffic Engineer prior to the issuance of a grading permit. The Traffic Engineer may suggest alternate routes or special requirements in consideration of the possible impact on the adjacent community environment or effect on the public right—of—way itself, which the Director shall prescribe as a condition of the grading permit. There shall be no additional fee for the haul route plan check. —4— 8. Additional plansorawings, calculations, environmeikl impact information, or other reports required by the Director. b. Precise Grading Permit: The plans shall include the following, in addition to the above items listed for Preliminary Grading Permits: 1. The footprint or allowable building area of all proposed structures (including appurtenances.) 2. Setback distances between structures and top and toe of slopes. 3. Detailed finish grade and finish floor elevations. 4. Flowlines for lot drainage. 5. Details for building footing and side-yard swale relationship (including extra height of footing.) 6. All proposed concrete flatwork and/or driveways. The Precise Grading Plan shall identify all previous preliminary grading permits issued for the project site. It may include sheets from the preliminary grading plan which show original topography in lieu of reproducing original contours on the precise plan. c. Grading Plan Correction List: A Grading Plan Standards and Correction Sheet is included in Appendix "A", which identifies additional items typically required on grading plans depending on site conditions. Soil and Engineering Geology Report Content Two copies of each report required in this Section shall be submitted as part of the application for a grading permit. Each report shall contain all information applicable to the project. Guidelines are provided in "Appendix B, Technical Guidelines for Soil and Geology Reports." -5- Recommendations containeOn the approved reports shall be iorporated into the grading plans and specifications and shall become conditions of the grading permit. a. Preliminary Soil Report: Soil engineering reports shall be required for all subdivision, commercial/industrial, multi-residential, and similar developments involving structures and/or earthwork for which a grading permit is required. Soil reports shall also be required for grading or building permits on single lot projects when specified by the Director. The preliminary (initial) soil engineering report shall include information and data regarding the nature, distribution, and the physical and chemical properties of existing soils; conclusions as to adequacy of the site for the proposed grading; recommendations for general and corrective grading procedures; foundation and pavement design criteria and shall provide other recommendations, .as necessary, commensurate with the project grading and development. b. Preliminary Engineering Geology Report: Engineering geology reports shall be required for all developments on hillside sites where geologic conditions are considered to have a substantial effect on existing and/or future site stability. This requirement may be extended to other sites suspected of being adversely affected by faulting. The preliminary (initial) engineering geology report shall include a. comprehensive description of the site topography and geology; an opinion as to the adequacy of the proposed development from an engineering geologic standpoint; an opinion as to the extent that instability on adjacent properties may adversely affect the project; a description of the field investigation and findings; conclusions regarding the effect of geologic conditions on the proposed development; and specific recommendations for plan modification, corrective grading and/or special techniques and systems to facilitate a safe and stable development, and shall provide other recommendations as necessary, commensurate with the project grading and development. The preliminary engineering geology report may be combined with the soil engineering report. C. Seismicity Report: A seismicity report shall be required as a condition for issuance of a grading permit and/or Building Permit for all subdivisions (tracts); and all sites for critical -6- i i structures (fire *ions, nursing homes, etc.) and maostructures, as determined by the Director. Additionally, sites containing earthquake sensitive earth materials and/or sites that are located on or near potentially active or active faults shall also require a seismicity report, as determined by the Director. The report shall be prepared by an engineering geologist, geophysicist, or a civil engineer with expertise in earthquake technology and its application to buildings and other civil engineering works. The scope of the report shall be commensurate with the proposed development and shall reflect the state of art. The seismic report may be combined with the soil and engineering geology reports. d. Final Reports: Rough grade and final soil and engineering geology reports shall be submitted in accordance with of this grading manual. Permit Issuance Either a preliminary or precise grading permit may be issued for a project after the approval of a Tentative Tract or Tentative Parcel Map. Grading permits subject to the above subdivision requirements shall not be issued prior to the approval of the Tentative Maps unless otherwise provided in Zoning regulations or approved by the Director. Permit Expiration The time limitations and provisions of Section 303, Permits Issuance, of the Uniform Building Code, as amended relating to expiration of grading permits are included in Appendix-C. FEES Plan Checking Fees Plan checking fees on each site shall be based on (1) the volume (cubic yards) of excavation or fill, whichever is greater, and (2) the estimated value of onsite drainage improvements. The amount of the plan checking fee for grading plans shall be as specified by resolution of the City Council. For the purpose of this Section, onsite drainage improvements shall include, but need not be limited to, pavement surfacing, inlets, outlet structures, subsurface drainage devices, rip rap, curb and gutter, and erosion control facilities. —7— Asphalt concrete is classile as a secondary drainage device Den used for roadway and parking lot surfacing, or other similar uses for the purposes of determining plan checking and permit fees. No separate charge shall be made for public and private street improvements required by administrative condition of approval and inspected the the Department of Public Works. No separate charge shall be made for standard terrace drains, down drains, or interceptor drains. Separate permits and/or fees shall apply to retaining walls, major drainage structures, and other improvements as prescribed by the Director. Plan submitted prior to issuance of permit which are substantially incomplete, or changed from a previous submittal, as determined by the Director, and require additional plan checking shall require a new plan check fee to be charged by the Director. The fee for checking substantial revisions to previously approved grading plans for which a valid permit is active, shall be based on the fees computed from the difference of the total new yardage and/or variations. The fee increment used shall be the adopted fee in effect at the time the revisions were approve. The fee may be waived if, in the opinion of the Director, it is not warranted due to the minor nature of the changes. "Erosion control plans checked subsequent to grading permit issuance shall be treated as a substantial revision for the purpose of determining plan checking fees. Grading Permit Fee Grading permit fees on each site shall be based on (1) the volume (cubic yards) of excavation or fill, whichever is greater, and (2) the estimated value of onsite drainage improvements. Onsite drainage improvements shall be considered the same as described for plan checking fees in this Section. The fee for a minimum fee grading permit for inspection purposes only, described in Section I , Grading Permits, of the grading code, shall be based on 100 cubic yards of excavation plus the estimated value.of onsite drainage improvements to be inspected. The fee(s) for authorizing additional grading work to that under a valid grading permit including erosion control work shall be computed as specified for plan checking substantial revisions in this Section. No allowance for reduced earthwork volume or valuation shall be permitted. -8- Grading Permit Renewal FS The fee for renewing an expired or invalid grading permit shall be as specified in Section , Issuance, Expiration and Renewal, of grading code. Reinspection Fee When any reinspection is required due to the negligence of the permit holder, his agent or other responsible persons, or due to the failure of said parties to comply with previous correction instructions, a fee as established by resolution shall be charged by the Director for each such reinspection. The fee shall be paid before any further inspections are made. This Section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this Manual, but as controlling the practice of calling for inspection before the job is ready for such inspection or reinspection. Refunds a. Permit fee refunds will be made in an amount equal to eighty (80) percent where work authorized by said permit has not commenced, except that no refund will be made for less than twenty-five (25.00) dollars, and no refund will be made if one (1) year has elapsed from the date of permit issuance. b. Plan check fees are not refundable. BONDS Types of Bonds In lieu of a surety bond, the applicant may file a cash bond or, if approved by the City, a letter of credit or Time Certificate of Deposit from financial institutions subject to regulation by the State or Federal government in an amount equal to that which would be required in the surety bond. Bond Amount The amount of the bond shall be 100% of the cost of the total cut and fill volume and 100% of the drainage improvements and erosion control facilities being constructed or installed under this permit. The amount of the bond may be reduced by the Director to the extent that he determines that potential hazards or the nature of the project do not justify the full amount. -9- Bond Conditions • • Every bond shall be made on the form contained in Appendix D or contain the conditions prescribed therein and be approved as to form by the City Attorney. Term of Bond The term of each bond shall begin upon the date of permit issuance and shall remain in effect until the completion of the work to the satisfaction of the Director. CUTS Cut Slopes Cut slopes shall be no steeper than two horizontal to one vertical (2:1). In special circumstances where no evidence of previous instability exists and when recommended in the soil engineering or engineering geology report and approved by the Director, slopes may be constructed steeper than 2:1. In no case shall slopes steeper then 2:1 be approved if 2:1 or flatter slopes are required as a condtition of approval of any project by the City Council, Planning Commission, or Zoning Administrator without appropriate revision of said condtition by the approving body. Recommendations in the soil engineering and/or engineering geology report for cut slopes to be steeper than five (5) feet in height. The soil engineer shall consider both gross and surficial stability of the slope and provide a written statement approving the slope stability. FILLS Bill Location Fill slopes shall be no steeper than two (2) horizontal to one (1) vertical (2:1) or where the fill slope toes out within twelve (12) feet horizontally of the top of existing or planned cut slopes, outside the permit area boundary, except in the case of slopes of minor height when approved by the Director. Preparation of Ground The ground surface shall be prepared to receive fill by removing vegetation; noncomplying fill; topsoil and other unsuitable materials; and by scarifying to provide a bond with the new fill. -10- Where existing slopes exceeoive (5) feet in height and/or are stleer than five horizontal to one vertical (i.e., 5:1), the ground shall be prepared by benching into sound bedrock or other competent material, as determined by the soil engineer and/or engineering geologist and Approved by the Director. The lowermost bench beneath the toe of a fill slope shall be a minimum ten (10) feet in width. The ground surface below the toe of fill shall be prepared for sheet flow runoff, or a paved drain shall be provided. Where fill is to be placed over a cut slope, the bench under the toe of the fill shall be at least fifteen (15) feet wide, but the cut slope must be made before placing fill and shall meet the Approval of the soil engineer and/or engineering geologist as suitable foundation for fill. Unsuitable soil is soil which is not dense, firm or unyielding, is highly fractured or has a high organic content and, in the opinion of the Director, civil engineer, soil engineer, or engineering geologist, is not competent to support other soil or fill, to support structures, or to satisfactorily perform the other functions for which the soil is intended. Fill Material Detrimental amounts of organic material shall not be permitted in fills. Except as outlined below, no rock or similar irreducible material with a maximum dimension greater than twelve (12) inches shall be buried or placed in fills. The Director may permit placement of larger rock when the soil engineer properly devises a method of placement,, continuously inspects placement, and approves the fill stability and competency. The following conditions shall also apply: a. Prior to issuance of the grading permit, potential rock disposal area(s) shall be delineated on the grading plan. b. Rock sizes greater than twelve (12) inches in maximum dimension shall be ten (10) feet or more below grade, measured vertically. This depth may be reduced upon recommendation of the soil engineer and approval of the Director providing that the permitted use of the property will not be impaired. c. Rocks greater than twelve (12) inches shall be placed so as to be completely surrounded by soils; no nesting of rocks will be permitted. Compaction All fills shall be compacted to a minimum of ninety (90) percent of maximum density -11- as determined by the Unif*Building Code Standard No. 70-1 i9bquivalent, as approved by the Director. Field density shall be determined in accordance with the Uniform Building Code Standard No. 70-2, or equivalent, as approved by the Director. Locations of field density tests shall be determined by the soil engineer or approved testing agency and shall be sufficient in both horizontal and vertical placement to provide representative testing of all fill placed. Testing in areas of a critical nature or special emphasis shall be in addition to the normal representative samplings. Exceptions: a. Fills excepted in Section Grading Permits, of the Grading Code and where the Director determines that compaction is not a necessary safety measure to aid in preventing saturation, settlement, slipping, or erosion. b. Where lower density and very high potential expansion characteristics as defined by Table No. 29-C of the Uniform Building Code exist, lesser compaction may be granted by the Director upon justification and recommendation by the soil engineer. Fill slopes shall be compacted to the finish slope face as specified above. The soil engineer shall provide specifications for the method of placement and compaction of the soil within the zone of the slope face. Sufficient maximum density determinations by test method, Uniform Building Code Standard No. 70-1 or approved equivalent, shall be performed during the grading operations to verify that the maximum density curves used are representative of the material placed throughout the fill. Slope Fill slopes shall be no steeper than two horizontal to one vertical (2:1.) In special circumstances where no evidence of previous instability exists and when recommended in the soil engineering report and approved by the Director, slopes may be constructed steeper than 2:1. In no case shall slopes steeper then 2:1 be approved if 2:1 or flatter slopes are required as a condition of approval of any project by the City Council, Planning Commission, or Zoning Administrator, without appropriate revision of said condition by the approving body. Recommendations in the soil engineering report for fill slopes to be steeper than 2:1 shall be accompanied by a slope stability analysis for all slopes greater than five (5) feet in height. -12- The soil engineer shall coner both the gross and surficial stabile of the slope and provide a written statement approving the slope stability. In addition, the soil engineer shall recommend alternative methods of construction or compaction requirements necessary for surficial stability. Utility Line Backfill Utility line backfill beneath and adjacent to structures; beneath pavements; adjacent and parallel to the toe of a slope; and in sloping surfaces steeper then ten horizontal to one vertical (10:1), shall be compacted and tested in accordance with Section , Compaction, of this Section. Alternately, relatively self-compacting material may be used. The material specification and method of placement shall be recommended and inspected by the soil engineer and approved by the Director prior to backfilling. Utility line backfill in areas other than those stated above need no specified placement method or compaction criterion, but shall require approval by the soil engineer. The final utility line backfill report from the project soil engineer shall include an approval statement that the backfill is suitable for the intended use. SETBACKS Setbacks From Permit Area Boundary The tops of cuts and toes of fill slopes shall be setback as far as necessary from the outer property boundaries of the permit area, including slope easements, and in accordance with Detail 1. Design Standards For Setbacks The tops and the toes of cut and fill slopes shall be set back from structures as far as is necessary for adequacy of foundation support and to prevent damage as a result of water runoff, erosion, or maintenance of the slopes. Unless otherwise approved by the Director based on recommendations in the approved soil engineering and/or engineering geology report on the approved grading plan, setbacks shall be no less than shown in Detail 1. -13- Retaining Walls • • Retaining walls may be used to reduce the required setback in accordance with Detail 1 when approved by the Director. DRAINAGE AND TERRACING Terrace Terraces at least six (6) feet in width shall be established at not more than thirty (30) foot vertical intervals on all cut or fill slopes to control surface drainage and debris, except that where only one (1) terrace is required, it shall be at mid—height. For cut or fill slopes greater then 60 feet and up to 120 feet in vertical height, one terrace at approximately mid—height shall be 12 feet in width. Terrace widths and spacing for cut and fill slopes greater than 120 feet in vertical height shall be designed by the civil engineer and approved by the Director. Suitable access shall be provided to permit proper cleaning and maintenance. Swales or ditches on 6 feet and 12 feet wide terraces shall have a minimum gradient of six (6) percent and must be paved with reinforced concrete, or approved equal, not less than three (3) inches in thickness. They shall have a minimum depth at the deepest point of eighteen (18) inches and a minimum paved width of five (S) feet. A single run of swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square fleet (projected) without discharging into a down drain. Subsurface Drainage Cut and fill slopes shall be provided with approved subsurface drainage as necessary for stability and protection of adjacent properties from the influence of groundwater. The design of such facilities shall be contained in the approved preliminary (initial) soil engineering or engineering geology report and/or shall appear on the approved grading plan pursuant to the approval of the soil engineer and/or the engineering geologist. Subsurface drainage facilities shall be installed where natural and/or artificially introduced ground water affects or is likely to affect the project in a potentially unstable, hazardous, or otherwise deleterious manner. —14— DETAIL 1 • NOTES: 1. PL shall mean permit area boundary and/or property line; MFD shall mean manufactured surface. 2. Setbacks shall also comply with applicable zoning regulations. 3. Table A applies to manufactured slopes and 2:1 or steeper natural slopes. Setbacks from natural slopes flatter than 2:1 shall meet the approval of the Director. 4. "b" may be reduced to 5' minimum if an approved drainage device is used; roof gutters and downspouts may be required. 5. "b" may be reduced to less than 5' if no drainage is carried on this side and if roof gutters are included. G. If the slope between "a" and "b" levels is replaced by a retaining wall, "a" may be reduced to zero and "b" remains as shown in Table A. The height of the retaining wall shall be controlled by zoning regulations. 7. "b" is measured from the face of the structure to the top of the slope. 8. "d" is measured from the lower outside edge of the footing along a horizontal line to the face of the slope. Under special circumstances, "d" may be reduced as recommended in the approved soil report and approved by the Director. 9. The use of retaining walls to reduce setbacks (Fig. B) must be approved by the Director. 10. "f" may be reduced if the slope is composed of sound rock that is not likely to produce detritus and is recommended by the soil engineer or engineering geologist and approved by the Director. 11. "a" and "e" shall be 2' when PA coincides with arterial or local street right-of-way and when improved sidewalk is adjacent to right-of-way. 12. "e" shall be increased as necessary for interceptor drains. -15- Disposal . . All drainage facilities shall be designed to carry waters to the nearest practicable drainage way approved by the Director and/or other appropriate jurisdiction as a safe place to deposit such water. Erosion of ground in the area of discharge shall be prevented by installation of non—erosive down drains, rip rap, energy dissipators or other approved devices including a return of flow to a natural sheet flow condition. Where surface waters are to be conducted or directed onto adjacent property in an unnatural manner, the Director may require the applicant, prior to issuance of a grading permit, to obtain written permission from the owner of said property, accepting the surface waters. Building sites shall have a sheet flow drainage gradient of two (2) percent from the structure t toward approved swales and/or drainage facilities, unless otherwise waived by the Director. The maximum drainage gradient of an earth swale shall be four (4) percent. Grading of future building sites under a preliminary grading permit for the purpose of lot sales shall have a sheet flow drainage gradient of two (2) percent toward approved drainage facilities. The Director may reduce this minimum gradient to one (1) percent upon the written request of the applicant or his agent, providing the applicant demonstrates the following: a. Finish grades for drainage of building sites can be constructed in accordance with the requirements of this Section without importing additional fill, and b. Sufficient approved swales and/or drainage facilities are constructed to prevent water from ponding on any lot supported by a natural slope or cut or fill slope over five (5) feet in height. Finish grades, other than above, shall conform to the following minimum drainage gradient standards: Minimum Gradient a. Earth swales 1.0% b. Earth (sheet flow) 1.0% C. Asphalt pavement (sheet flow) 1.0% d. Concrete gutter in asphalt paved area 0.25% —16— Interceptor Drains 6 Paved interceptor drains shall be installed along the top of all manufactured slopes where the tributary drainage area flows toward the slope and has a drainage path to top of slope greater than forty (40) feet measured horizontally. Interceptor drains shall be paved with a minimum depth of eighteen (18) inches and a minimum paved width of thirty-six (36) inches measured horizontally across the drain. The slope of the drain shall be approved by the Director. Pipe Specifications Pipe material specifications shall be shown on the approved plans or in the approved soil report by the civil engineer or soil engineer and approved by the Director. The pipe shall conform to the currently adopted Standard Specification for Public Works Construction unless otherwise recommended by the civil engineer or soil engineer and approved by the Director. Approved pipe includes: a. Asbestos Cement Pipe (ACP) D-load to be designed and shown on approved grading plans. 1. Subdrain - ASTM C508 2. Stormdrain - ASTM C663 Maximum velocity, 10 feet per second b. Acrylonitrile Butadiene Styrene (ABS) Solid wall pipe 1. Subdrain (a) ASTM D2751, SDR 35 (b) ASTM D1527, Schedule 40 2. Stormdrain (a) SSTM D2751, SDR 35 Maximum velocity, 8 feet per second (b) ASTM D1527,.Schedule 40 Maximum velocity, 15 feet per second C. Polyvinyl Chloride Plastic Pipe (PVC) -17- 1. Subdrain • (a) ASTM D3034, SDR 35 (b) SSTM D1785, Schedule 40 2. Stormdrain (a) ASTM D3034, SDR 35 Maximum velocity, 8 feet per second (b) ASTM D1785, Schedule 40 Maximum velocity, 15 feet per second d. Reinforced Concrete Pipe (RCP) D-load to be designed and shown on approved grading plans. e. Corrugated Steel Pipe (CSP) Metal thickness to be designed and shown on approved grading plans. Pipe to be bituminous coated. f. Corrugated Aluminum Pipe (CAP) Metal thickness to be designed and shown on approved grading plans. Pipe to be bituminous coated. g. Non reinforced Concrete Pipe Pipe shall be extra strength. The maximum flow design parameters may be exceeded in special circumstances when justified and recommended by the civil engineer and approved by the Director. Area Drain Grates The minimum cross-sectional area of area drain grates shall not be less than 100 square inches, and shall contain a grate cover having 50% net opening. Conduits Beneath Structures Drainage conduits placed beneath structures shall conform to the requirements for sewer and waste plumbing. PVC and ABS pipes shall be Schedule 40. -18- 40SPHALT CONCRETE PAVEMENT• Asphalt Concrete and Untreated Base Standards When asphalt concrete pavement is proposed for surfacing of private parking lots, private streets, or other similar use, this paving, including the tack coat, seal coat and base course, shall conform to the current Department of Public Works special provisions for asphalt concrete and untreated base materials unless otherwise approved by the Director. Exception: The provisions of this Section shall not apply when a private asphalt concrete driveway providing access to a single residence is proposed. Untreated base may require testing by an approved testing agency to insure its compliance with the applicable specifications and special provisions when determined necessary by the Director. Tests may include but shall not be limited to: a. Sieve analysis b. Sand equivalent C. Percent of crushed particles retained by a No. 4 screen. Subgrade Compaction The top 6 inches of the subgrade material shall be compacted to a relative compaction of 90 percent of maximum density as determined by Uniform Building Code Standard 70-1 or approved equivalent, unless otherwise recommended by the soil engineer in the preliminary soil report and approved by the Director. Soil Sterilization Weed killer shall be,required on subgrade if no aggregate base is used. Surface Drainage All concentrated drainage in asphalt paved areas shall be carried by approved concrete drainage devices. Pavement Structural Section The project soil engineer or-design civil engineer shall determine the pavement structural —19— section(s) for parking lotsovice roads and private streets b& on: (1) soil tests of the subgrade soil(s) performed by an approved soil testing laboratory; and (2) anticipated traffic and/or loading conditions. The methods used for soil testing and pavement design shall be that currently in use by the Department of Public Works for construction of public roadways, or methods acceptable to the Director. Unless otherwise specified by the soil engineer, the relative compaction of each layer of compacted base material shall not be less then 95 percent. When private street improvement plans are required to be approved by the Department of Public Works, the pavement structural section may be determined by the Department of Public Works. In lieu of a recommended structural section from the soil engineer or civil engineer for parking lots/service roads, the following standards may be used: Pavement Structural Section a. Parking stall areas 2" AC/4" AB b. Commercial driveways, perimeter drives, and loading areas 3" AC/6" AB C. Industrial driveways, perimeter drives, and loading areas 3" AC/10" AB Driveway Whenever access is taken from a street, alley, or driveway to an off-street parking area serving four (4) or less dwelling units, the driveway or other vehicular access-way shall have a maximum grade of plus fifteen percent (+15%) or minus six percent (-6%), measured from the street, alley, or driveway grade along the driveway center line, for a distance of not less than eighteen (18) feet from the street, alley, or driveway right-of-way line. Whenever access is taken from a street, alley, or driveway to an off-street parking area serving industrial, commercial, or professional uses, public or community facilities, or five (5) or more dwelling units, the driveway or other vehicular access-way shall have a maximum grade of plus fifteen percent (+15%) or a minus two percent (-2%), measured from the street, alley, or driveway grade along the driveway center line for a distance of not more than eighteen (18) feet from the street, alley, or driveway right-of-way line. -20- • EROSION CONTROL Information On Erosion Control Plans The plan shall include, but not be limited to: a. The name and twenty-four (24) hour telephone number of the person responsible for performing emergency erosion control work. b. The signature of the civil engineer or other qualified individual who prepared the grading plan and who is responsible for inspection and monitoring of the erosion control work. c. All desilting and erosion protection facilities necessary to protect adjacent property from sediment deposition. d. The streets and drainage devices that will be completed and paved by October 1 S. e. The placement of sandbags or gravelbags, slope planting, or other measures to control erosion from all slopes above and adjacent to roads open to the public. Use of gravel bags are encouraged over sandbags. f. The plan shall indicate how access will be provided to maintain desilting facilities during wet weather. GRADING INSPECTION Site Inspection by the Director Prior to any grading, brushing, or clearing, there shall be a pre-grading meeting held on the site. Prior to pouring curb and gutter or placement of pavement base material, there shall be a pre-paving meeting held on the site. The permittee, or his agent, shall notify the Director at least two (2) working days prior to the meetings and shall be responsible for notifying all principals responsible for grading or paving related operations. It shall be the duty of the person doing the work authorized by a permit to notify the Director at least one (1) working day prior to the work being ready for the following inspections: a. Excavation and Fill Inspection 1. Canyon Cleanout: After all brush and unsuitable material has been removed and an -21- acceptable base Ween exposed, but before any fill ileaced. 2. Toe Bench and Key: After the natural ground or bedrock is exposed and prepared to receive fill, but before fill is placed. 3. Over-Excavation: After the area has been excavated but before fill is placed. 4. Excavation: After the excavation is started, but before the vertical depth of the excavation exceeds ten (10) feet, and every ten foot interval thereafter. Continuation of this excavation operation need not await the arrival of the grading inspector provided that proper notification has been made to the Director. 5. Fill: After the fill has started, but before the vertical height of the fill exceeds ten (10) feet, and every ten (10) foot interval. thereafter. Continuation of this fill operation need not await the arrival of the grading inspector provided that proper notification has been made to the Director. b. Concrete or gunite drainage device inspection: 1. Alley gutter and/or concrete device draining asphalt: (a) Subgrade (prior to placement of concrete:) Subgrade is to be prepared and required reinforcement placed. The civil engineer shall provide a field memo that line and grade is set in accordance with the approved plans. (b) Concrete placement: Concrete placement need not await the arrival of the grading inspector provided proper notification has been made to the Director. 2. Curb and gutter (private property:) (a) Subgrade (prior to placement of concrete:) Subgrade is to be made, forms and reinforcement are to be placed. The civil engineer shall provide a field memo that line and grade is set in accordance with the approved plans. (b) Concrete placement: Concrete placement need not await the arrival of the grading inspector provided proper notification has been made to the Director. 3. Terrace drains, down drains, brow ditches, and other paved drainage devices: -22- (a) Subgrade: Oor to placement of welded wire me or reinforcing steel. The civil engineer shall provide a field memo that line and grade is set in accordance with the approved plans (b) Reinforcement: Thickness control wire and reinforcing steel or welded wire mesh are to be installed but prior to placement of gunite or concrete. (c) Concrete placement: Concrete placement need not await the arrival of the grading inspector provided proper notification has been made to the Director. 4. Sidewalks used as drainage devices: Subgrade: Prior to placement of concrete, subgrade is to be made, forms are to be in place with the required reinforcement. The civil engineer shall provide a field memo that line and grade is set in accordance with the approved plans. c. Drainage device other then concrete or gunite inspection: 1. Subdrains: (a) After excavation but prior to placement of filter material and pipe. The subdrain pipe and filter material shall be on-site for inspection. (b) After filter material and subdrain has been placed but prior to covering with backfill. 2. Storm drain and inlets: (a) After placement of storm drains but prior to covering with backfill. The civil engineer shall provide a field memo that line and grade is set in accordance with the approved plans. (b) After placement of inlet forms but prior to pouring concrete. The civil engineer shall provide a field memo that line and grade is set in accordance with the approved plans. 3. Earth Swales: (a) Prior to rough grading approval or lumber drop. -23- (b) Prior0final grading approval. • d. Rough Grade Inspection When all rough grading has been completed. This inspection may be called for at the completion of rough grading without the necessity of the Director having previously reviewed and approved the required reports if the grading was performed under a precise grading permit. Under normal circumstances, all subdrains and slope drains shall be in place and approved as a condition for rough grading approval. e. Paving Inspection 1. Subgrade: After subgrade has been established, tested, and approved by the soil engineer, or his qualified representative. The soil engineer shall provide a field memo of compaction test results. The civil engineer shall provide a field memo that line and grade is set in accordance with approved plans. 2. Untreated Base: After untreated base course has been placed, tested, and approved by the soil engineer, or his qualified representative, but prior to prime coast and asphalt placement. The soil engineer shall provide a field memo of compaction test results. The civil engineer shall provide a field memo that line and grade is set in accordance with the approved plans. Material invoices may be required. 3. Asphalt: (a) During asphalt lay down to verify continuous inspection by the soil engineer, or his qualified representative or a special inspector when authorized. Material invoices may be required. Asphalt placement need not await the arrival of the grading inspector provided that proper notification has been made to the Director. (b) Prior to application of seal coat, the paved surface shall be water tested to reveal any irregularities and shall be patched where required. Material invoices may be required after placement of seal coat. —24— f. Final Inspection . After all work, including installation of all drainage structures and other protective devices, has been completed and all written professional approvals and the required reports have been submitted. An as—built plan will be required if, in the opinion of the Director, the finished site significantly deviates from the approved grading plan. g. Siltation Control Facilities (Rainy season: October 15 to April 15) 1. After excavation of desilting basins but prior to fill placement. Prefabricated devices are to be available on—site for inspection. 2. After fill placement for desilting basins but prior to placement of concrete or other non—erosive materials. 3. After completion of an erosion control system in accordance with an approved erosion control plans and the requirements of the Director. Alternate Materials and Methods of Construction a. The provisions of this grading manual are not intended to prevent the use of any material or method of construction not specifically prescribed by the grading code or this grading manual provided any such alternate has been approved pursuant to this section. b. The Director may approve any such alternate provided he finds that the proposed design is satisfactory and complies with the provisions of the grading code and this grading manual and that the material, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in quality, strength, effectiveness, and safety. C. The Director shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. d. Whenever there is insufficient evidence of compliance with the provisions of this grading manual or evidence that any material or any construction does not conform to the requirements of this grading manual or in order to substantiate claims for alternate material or methods of construction, the Director may require tests as proof of compliance to be made at the expense of the owner or his agent by an approved testing agency. —25— e. Test methods A be as specified by this grading Onual for the material in question. If there are no appropriate test methods specified, the Director shall approve the test procedure. Copies of the results of all such tests shall be retained for a period of not less than two (2) years after the acceptance of the grading. COMPLETION OF WORK Final Reports Upon completion of the rough grading work and at the final completion of the work under the grading permit but prior to the issuance of building permits or release of grading bond or issuance of a certificate of use and occupancy, the Director may require: a. An as-graded grading plan prepared by the civil engineer, architect, or other qualified person, which shall include corrected original ground surface elevations if necessary, graded ground surface elevations, lot drainage patterns, manufactured slope inclination, and location of all drainage facilities and subdrains. I b. A written approval by the civil engineer approving the grading as being substantially in conformance with the approved grading plan and which specifically approves the following items as appropriate to the project and stage of grading: 1. Construction of line and grade for all engineered drainage devices and retaining walls (rough and final grading.) 2. Staking of property corners for proper building locations (rough grading.) 3. Setting of all monuments in accordance with the recorded tract map (rough or final grading.) 4. Location of permanent walls or structures on property corners or property lines where monumentation is not required (final grading.) I S. Location and inclination of all manufactured slopes (rough and final grading.) 6. Construction of earthen berms and positive building pad drainage (rough and final grading.) -26- I I When the approved gradinelan is not prepared by a civil engo_r, the architect, or other licensed professional who prepared the plan, shall provide written approval of the grading as being substantially in conformance with the approved grading plan. C. A soil engineering report prepared by the soil engineer, including type of field testing performed, suitability of utility trench and retaining wall backfill, summaries of field and laboratory tests and other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the soil engineering investigation report. Each field density test shall be identified, located on a plan or map, the elevation of test and finish grade elevation shown, and the method of obtaining the in-place density described, either Uniform Building Code Standard 70-2 or the approved equal, shall be so noted. The soil engineer shall provide a written approval as to the adequacy of the site for the intended use, as affected by soil engineering factors. The Director may require that the soil tests or testing be performed by an approved testing agency. d. A geology report prepared by the engineering geologist, including a final description of the geology of the site including any new information disclosed during the grading, and the effect of same on recommendations incorporated in the approved grading plan. He shall provide a written approval as to the adequacy of the site for the intended use as affected by geologic factors and when required by the Director, shall submit an as-built geologic map. e. A statement prepared by the grading contractor describing the volume of excavation and fill moved on the project. In addition, if the grading plan was not prepared by a registered civil engineer or registered professional authorized to prepare grading plans and perform inspections, the grading contractor shall submit written approval that the work was completed in accordance with the approved plans. -27- 3373g/1-27 APPENDIX UNIFORM BUILDING CODE `a § 1988 EDITION APPENDIX average effective temperature of not more,than 82°F for at least 90 percent of the ' , Chapter 70 days of,.the.year.. EXCAVATION AND GRADING (e)_Illumination. No speciai'lighting levels are required. k Purpose (f)Hazards. Hazardous utility lines such as steam, gas and oil shall not,be �;; Pur P located.in or'.near•the,shelter,unless provision is made to,control such lines-by Sec.7001. The purpose of this appendix is to safeguard life,limb,property and yalving or other,approved;means,,;,•:. the public welfare by regulating grading on private property. Exits _.. Scope Sec.'7002.This appendix sets forth rules and regulations to control excava- Sec.5705. There shall be no fewer than two widely spaced exits from a fallout PP g shelter,;leading'directly to other spaces of the building or outdoors.Exits from-the a' tion; grading and earthwork construction, including fills and embankments; fallout shelter shall aggregate at least one unit of egress width for every 200 shelter establishes the administrative procedure for issuance of permits;and provides for occupants.In no case shall a single exit be less than 24 inches wide. ali approval of plans and inspection of grading construction. Flame-spread Index of Interior Surfaces . 'I Permits Required :;.Sec.,5706. Interior.surfaces.of.single-purpose fallout shelters shall have a Sec. 7003. No person shall do any grading without first having obtained a flame-spread index not exceeding 20.0. .,:� grading permit from the building official except for the following: Minimum Design Loads, 1. Grading in an isolated,self-contained area if there is no danger apparent to private or public property. Sec. 5707. (a)'Dual-use'Fallout Shelters. In the case of dual-use fallout shelters;design live load required for the normal use shall govern,'except that 2. An excavation below finished grade for basements and footings of'a build- concentrated loads.shall be considered. ing,retaining wall or other structure authorized by a valid building permit.This '(b)'Single-purpose Fallout Shelters.Minimum live loads for floor design in shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than 5 feet a single-purpose fallout shelters-shall-be 40 pounds per square foot except'that after the comple concentrated loads shall be considered. tion of such structure.3. Cemetery graves. Sanitation 4. Refuse disposal sites controlled by other regulations. Sec.5708.'toilets,either flush-type'operating from the normal;water supply s 5. Excavations for wells or tunnels or utilities. system,or chemical or other types;shall be provided on the basis of one toilet per I 6. Mining, quarrying, excavating, processing, stockpiling of rock, sand, 50 fallout shelter occupants. Fifty percent of the toilets may be provided outside gravel, aggregate or clay where established and provided for by law, provided the falloutshelter area. Empty water containers may be considered as fulfilling such operations.do not affect the lateral support or increase the stresses,in or this requirement. pressure upon any adjacent or contiguous property. 7. Exploratory excavations under the direction of soil engineers or engineering geologists. 8. An excavation which(a)is less than 2 feet in depth,or(b)which does not create a cut slope greater than 5 feet in height and steeper than one and one-half I ,F horizontal to one vertical. 9. A fill less than 1 foot in depth and placed on natural.terrain with a slope flatter than five horizontal to one vertical,or less than 3 feet in depth,not intended, to support structures, which does not exceed 50 cubic yards on any one lot and i does not obstruct a drainage course. Hazards Sec. 7004. Whenever the building official determines that any existing e.xca- vation or embankment,or fill on private property has become a hazard to life and limb,or endangers property,or adversely affects the safety,use or stability of a ,F public way or drainage channel, the owner of the property upon which the excavation or fill is located,or other person or agent in control of said property, 870. 871 ,i I" APPENDIX UNIFORM BUILDING CODE 1988 EDITION APPENDIX I upon receipt of notice in writing from the building official,shall within the-period SITE is any lot or parcel of land or contiguous combination thereof,under the specified the repair or:eliminate such excavation or.embankment so as to s same ownership,where grading is performed or permitted. 1 eliminate the hazard and be in conformance with the requirements of this code. SLOPE is an inclined ground surface the inclination of which is expressed as a I ; ratio of horizontal distance to vertical distance. Definitions ` . SOIL is naturally occurring superficial deposits overlying bed rock. Sec:7005. For the purposes of this appendix the definitions listed hereunder # SOILS ENGINEER(GEOTECHNICAL ENGINEER)is an engineer expo shall be construed as specified in this section. 4 rienced and knowledgeable in the practice of soils engineering (geotechnical) APPROVAL shall an the proposed,work or completed work conforms.to ) engineering. this chapter in the,opinion of the building offictal SOILS ENGINEERING(GEOTECHNICAL ENGINEERING)is the ap- AS-GRADED,is the extent,of•surface conditions on completion of grading..: I plication of the principles of soils mechanics in the investigation,evaluation and ' BEDROCK is in-place solid rock j design of civil works involving the use of earth materials and the inspection and/or. BENCH is a relatively level step excavated into earth material on which fill is testing of the construction thereof. to be placed. TERRACE is a relatively level step constructed in the face of a graded slope BORROW is,earth material acquired from an off-site:location for use in surface for drainage and maintenance purposes. grading on a site.. ` CIVIL ENGINEER is.a professional engineer registered in the.state to prac, Grading Permit Requirements lice in the field of civil works,. ; • . Sec. 7006. (a) Permits Required. Except as exempted in Section 7003 of ,:,CIVIL ENGINEERING is,the application of the knowledge of the"forces of this code,no person shall do any grading without first obtaining a grading permit nature,principles of mechanics and the properties of materials to,the evaluation, from the building official. A separate permit shall be required for each site,and' design and construction_of civil works for the beneficial uses of mankind. may cover both excavations and fills. (b) Application. The provisions of Section 302 (a) arc applicable to radio COMPACTION is the densification of a fill by mechanical means.;:-. PP� P PP grading g „ .., EARTH MATERIAL is any rock,natural soil or fill and/or any combination and in addition the application shall state the estimated quantities of work in- volved., . • . . . . , thereof. (c) Plans and Specifications. When required by the building official, each ENGINEERING GEOLOGIST is a geologist experienced and knowledge application for a grading permit shall be accompanied by two sets of plans and able in engineering geology. .. ' specifications,and supporting data consisting of a soils engineering report and ENGINEERING GEOLOGY"is the application of geologic knowledge and engineering geology report. The plans and specifications shall be prepared and �- II principles in the investigation and evaluation of naturally occurring rock and soil signed by a civil engineer when required by the building official. for use in the design of civil works. (d)Information on Plans and in Specifications. Plans shall be drawn to scale. EROSION is the wearing away of the ground surface as a result of the upon substantial paper or cloth and shall be of sufficient clarity to indicate the movement of wind,water and/or ice. nature and extent of the work proposed and show in detail that they will conform EXCAVATION is the mechanical removal of earth material. to the provisions of this code and all relevant laws,ordinances,rules and regula- i ; FILL is a deposit of earth material placed by artificial means. tions.The first sheet of each set of plans shall give the location of the work and the GEOTECHNICAL ENGINEER.See Soils,Engineer. name and address of the owner and the person by whom they were prepared. i.,GRADE:is the vertical location of the ground surface..:;;. The plans shall include the following information: s 1. General vicinity of the proposed site. Existing Grade is the grade prior to grading. Rough Grade is the stage at which the grade approximately conforms to the .2• Property limits and accurate contours of existing ground and details of . III terrain and area drainage. approved plan. . 3. Limiting dimensions, elevations or finish contours to be achieved by the i! Finish Grade,is-the final grade of-the site which conforms to the approved grading,and proposed drainage channels and related construction. plan. , •"r ,:: :: 4. Detailed plans of all surface and subsurface drainage devices, walls,crib- :: GRADING is any excavating or filling or combination thereof. bing,dams and other protective devices to be constructed with,or as a part of,the =` KEY is a designed compacted fill placed in a trench excavated in earth material proposed work together with a map showing the drainage area and the estimated beneath the toe of a proposed fill slope. runoff of the area served by any drains. 11 '872 873 i APPENDIX UNIFORM BUILDING CODE 1988 EDITION APPENDIX %:5.•Location of any buildings or structures on the property where the work is to TABLE NO.70-A—GRADING PLAN REVIEW FEES, be performed and the.location.of any buildings or structures on land of adjacent 50 cubic yards or less ................................... No fee owners which are within 15 feet of the property.or which may be affected by the ( 51 to 100 cubic yards ................................................ $15.00 proposed grading operations. , 101 to 1000 cubic yards ............ ................................... 22.50 Specifications shall.contain•information covering construction and material 1001 to 10,000 cubic yards ............................................ 30.00 requirements 10,001 to 100,000 cubic yards—$30.00 for the first 10,000 cubic yards,plus$15.00 for (e),Soils Engineering Report. The,soils engineering report required by Sub- each additional 10,000 yards or fraction thereof. section(e) shall include•data regarding the nature, distribution and strength of 100,001 to 200,000 cubic yards—$165.00 for the first 100,000 cubic yards,plus$9.00 for existing'soils,--.conclu ions and,recommendations for..grading.procedures.and each additional 10,000 cubic yards or fraction thereof. design criteria for corrective measures,including buttress fills,.when necessary, 200,001 cubic yards or more—$255.00 for the first 200,000cubic yards,plus$4.50 for each and opinions and recommendations'covenng adequacy of sites to be developed by additional 10,000 cubic yards or fraction thereof. the'proposed grading;including the stability of slopes. g g P P ]ding official Other Fees: Additional plan review required by changes,additions shall be incorporated in the radio plans or eci ications.. pp Recommendations included in the report and approved b the but I ' or revisions to approved plans ................................. $30.00 per hour* (f) Engineering Geology Report. The engineering geology report required (minimum charg(;—one half hour) 'by Subsection (c) shall include an adequate description of the geology of the site, *Or the total hourly cost to the jurisdiction,whichever is the greatest.This cost shall include conclusions and recommendations regarding the effect of geologic conditions on supervision, overhead; equipment, hourly wages and fringe benefits of the employees the-proposed'development;and opinions.arid recommendations covering'the involved. adequacy of sites to be developed by the proposed grading.'. Recommendations included in the report and approved by the building official shall be incorporated in the grading plans or specifications. `(g)'Issuance.The provisions,of Section 303 are applicable to grading per- mits.'`The-building`official` may:require that grading'operations and project TABLE NO.70-B—GRADING PERMIT FEES' designs be modified if delays occur which incur weather-generated problems not 50 cubic yards or less ............................................... :. $15.00 considered at the time the permit was issued. P 51 to 100 cubic yards ................................................ 22.50 Gradirig Fees: 101 to 1000 cubic yards—$22.50 for the first 100 cubic yards plus$10.50 for each additional See.:7007.(a)General.Fees,shall be assessed in accordance with the provi- 100 cubic yards or fraction thereof. sions of this section.or'shall.be as set.forth in the,fee schedule adopted by the 1001 to 10,000 cubic yards—$117.00 for the first 1,000 cubic yards,plus$9.00 for each jurisdiction. additional 1,000 cubic yards or fraction thereof. (b)Plan Review Fees..When a+plan or other data are required to be submitted,a 10,001 to 100,000 cubic yards—$198.00 for the first 10,000 cubic yards,plus$40.50 for plan review fee shall be paid,at the time of submitting plans and specifications for . each additional 10,000 cubic yards or fraction thereof. review:-Said plan review fee shall be as set forth in Table No.,70-A.Separate plan review fees,shall apply to retaining walls or major drainage structures as required 100,001 cubic yards or more--$562.50 for the first 100,000 cubic yards,plus$22.50 for ' elsewhere in this code:,For excavation and.fill.on the same site,the fee shall.be each additional 10,000 cubic yards or fraction thereof: based on the volume of excavation or fill,whichever is greater. Other Inspections and Fees: (c)Grading Permit Fees.A fee for.each grading permit shall be paid,to the 1. Inspections outside of normal business hours ................. $30.00 per hours building official.as set forth.in Table No..70-B.•Separate permits and fees shall (minimum charge —iwohours) ,apply to retaining walls or major drainage structures as required elsewhere in this 2.' Reinspection fees assessed under`provisions of 'code.There shall be separate charge for standard terrace drains and similar Section 305(g)':.:...... ...:.......................... $30.00 per hourz "I �,-.�, , -. ��.•:.. •••: �3.'Inspections for which no fee is specifically indicated ........... $30.00 per hourr facilities.. :._ :• • >" (minimum charge—one-half hour) The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. . 't;• } 20rthe total hourly cost to thejurisdiction,whichever is the greatest.This cost shall include supervision,. overhead,equipment,hourly wages and fringe benefits of the employees involved. i 874 875 f APPENDIX UNIFORM BUILDING CODE 1988 EDITION APPENDIX Bonds a.; ,.,.. Y"', .. - . . irreducible material with a maximum dimension greater than 12 inches'shall be Sec. 7008.The building official may require bonds in such form and amounts buried or placed in fills: as may be deemed necessary to assure that the work,if not completed in accord- EXCEPTION:The building official may permit placement of larger rock when ance'with the approved plans and specifications, will be corrected to eliminate the soils engineer properly devises a method of placement,continuously inspects its 'hazardous conditions., ; placement and approves the fill stability.The following conditions shall also apply: In lieu of a surety bond the applicant may file a cash bond or instrument of credit A. Prior to issuance of the grading permit,potential rock disposal areas shall be with the building official in an amount equal to that which would be required in the delineated on the grading plan. surety bond. ;; F B. Rock sizes greater than 12 inches in maximum dimension shall be 10 feet or more below grade,measured.vertically. C. Rocks shall be placed so as to assure filling of all voids with fines. Cuts Sec. 7009. (a) General. Unless otherwise'recommended in the approved ; (e) Compaction. All fills shall be compacted to a minimum of 90 percent of pp. 1 maximum density as determined by U.B.C.Standard No. 70-1.In-place density soils engineering and/ engineering geology report, cuts shall conform to the shall be determined in accordance with U.B.C.Standard No.70-2,70-3;70-4 or provisions of this section'. 70-5. In'the absence of an approved soils engineering report,'these provisions may be (f) Slope. The slope of fill surfaces shall be no steeper than is safe for the waived for minor cuts not intended to support structures. t intended use.Fill slopes.shall be no steeper than two horizontal to one vertical. (b) Slope..The slope of cut'surfaces'shall lie no•steeper,than,is:safe'for the (g) Drainage and Terracing. Drainage and terracing shall be provided and the intended use and!shall be'no'steeper than'2 Horizontal to I vertical unless the r owner furnishes a soils engineering or an engineering geology report, or both, area above fill slopes and the surfaces of terraces shall be graded and paved as ! required by Section 7012. stating that,the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property. f Setbacks (c) Drainage and Rrracing. Drainage and terracing shall be provided as Sec.7011.(a)General.Cut and fill slopes shall be set back from site bounda- required by Section.7012.'.,. ries in accordance with this section. Setback dimensions shall be horizontal distances measured perpendicular to the site boundary.Setback dimensions shall be a shown in Figure No.70-1. `Fills i (b)Top of Cut Slope.The top of cut slopes shall be made not nearer to a site Sec.•:7010.(a) General.;Unless otherwise recommende&in the approved boundary line than one fifth of the vertical height of cut with a minimum of 2 feet soils engineering report,fills shall conform to the provisions of this section. and a maximum of 10 feet.The setback may need to be increased for any required, In the absence of an approved'soils engineering report these provisions may be interceptor drains. waived for minor fills not intended to support structures. (c)Toe of Fill Slope.The toe of fill slope shall be made not nearer to the site (b) Fill Location. Fill slopes shall not be constructed on natural slopes steeper boundary line than one-half the height of the slope with a minimum of 2 feet and a than two to one. maximum of 20 feet.Where a fill slope is to be located near the site boundary and (c) Preparation of Ground. The'ground surface shall be-prepared to receive the adjacent off-site property is developed,special precautions shall be incorpo . fill by removing vegetation,`noncomplying fill, topsoil and other unsuitable rated in the work as the building official deems necessary to protect the adjoining materials scarifying to provide a bond with the new fill and, where slopes are property from damage as a result of such grading.These precautions may include steeper,than five to one and the height is greater than 5 feet, by benching into but are not limited to: sound bedrock or other competent material as determined by the.soils,engineer. 1. Additional setbacks. The bench under the toe of a fill on a slope steeper than five to one shall be at least 2. Provision for retaining or slough walls. 10 feet wide.The area beyond the toe of fill shall be sloped for sheet overflow or a 3. Mechanical or chemical treatment of the fill slope surface to minimize paved drain shall be provided.When fill is to be placed over a cut,the bench under erosion. the toe of fill shall be at least 10 feet wide but the cut shall be made before placing 4. Provisions for the control of surface waters. the fill and acceptance by the soils engineer or engineering geologist or both as a (d)Modification of Slope Location.The building official may approve alter- suitable foundation for (d)Fill Material. Detrimental amounts of organic material,shall not be er- nate setbacks.The building official may require an investigation and recommen- g P dation by a qualified engineer or engineering geologist to demonstrate that the mitted in fills. Except as permitted.by the,building official, no rock or similar intent of this section has been satisfied. 876 877 APPENDIX UNIFORM BUILDING CODE 1988 EDITION APPENDIX + Dralnage.and:Terraeing,, planting.The protection for the slopes shall be installed as soon as practicable and A. Sec. 7012. (a) General. Unless otherwise indicated on the approved grading prior to calling for final approval.Where cut slopes are not subject to erosion due plan,:drainage facilities and.terracing:shall conform to the provisions of this to the erosion-resistant character of the materials,such protection may be omitted. section for cut or fill slopes steeper.than 3 horizontal to 1 vertical. ! (b) Other Devices.'Where necessary, check dams, cribbing, riprap or other (b)11irrace.'Terraces"at least 6 feet in width'shall be established at not more devices or methods shall be employed to control erosion and provide safety. than 30-foot vertical intervals`on all cut or fill slopes to control surface drainage Grading Inspection and debris except that where only one terrace is required,it shall be at midheight. For cut or fill'slopes greater than 60 feet'and up to 120 feet in vertical height,one Sec. 7014. (a) General. All grading operations for which a permit is required terrace at approximately midheight shall be 12'feet in width.Terrace widths and i, shall be subject to inspection by the building official. When required by the spacing for cut and fill slopes greater than 120 feet in height shall be designed by '' building official,special inspection of grading operations and special testing shall the civil engineer.and approved by the-building official.Suitable.access,shall be " be performed in accordance with the provisions of Section 306 and Subsection provided to.permit proper cleaning and maintenance.: 7014 (c). Swales or ditches,on terraces shall have a minimum gradient of 5 percent and I (b) Grading Designation. All grading in excess of 5000 cubic yards shall be must be paved with reinforced concrete not less than 3 inches in thickness or an performed in accordance with the approved grading plan prepared by a civil approved equal paying.They shall have a minimum depth at the deepest point of I engineer, and shall be designated as "engineered grading." Grading involving foot and a minimum paved width of 5 feet;,,. ;� less than 5000 cubic yards shall be designated "regular grading" unless the ;A single run of Swale,or ditch,shall not collect,runoff.from a tributary area s permittee,with the approval of the building official,chooses to have the grading ezceeding.13,500 square feet(projected)without discharging iato;a down drain. performed as"engineered grading." (c)Subsurface Drainage. Cut and fill slopes shall be provided.with'subsur- (c) Engineered Grading Requirements. For engineered grading, it shall be face drainage as necessary for stability. the responsibility of the civil engineer who prepares the approved grading plan to incorporate all.recommendations from the soils engineering and engineering (d) Disposal. Ail drainage facilities shall be designed carry waters to,the t geology reports-into the grading plan. He also shall be responsible for the nearest practicable'drainage,way approved,by the building official'and/or other professional inspection and approval of the grading within his area of technical appropriate,jurisdiction as a;safe.place to deposit such waters.Erosion of ground g in the'area of discharge'shall be prevented by,installation nonerosive ! specialty.This responsibility shall include,but need not be limited to,inspection downdrains or other devices.. and approval as to the establishment of line, grade and drainage of the develop- Building pads'shall:have'a drainage gradient of1percent toward approved t ment area.The civil engineer shall act as the coordinating agent in the event the drainage facilities,unless"waived by the building official. need arises for liaison between the other professionals, the contractor:and the EXCEPTION:The g pad may be 1 percent if all gradient from the building of the a building official.The civil engineer also shall be responsible for the preparation 8 following conditions exist throughout the permit area: + of revised plans and the submission of as-graded grading plans upon completion ' of the work. The grading contractor shall submit in a form prescribed by the A. No proposed fills are greater than•10 feet in'rriaximum depth.' building official a statement of compliance to said as-built plan. B. No proposed finish cut or fill slope faces have a verticalheight in excess of 10 Meet: ''"`+ +• • ' f Soils engineering and engineering geology reports shall be required as speci- fied C. No existing slope faces,which have a slope face steeper than 10 horizontally to in Section 7006.During grading all necessary reports,compaction data and ''' i" y g ; soil engineering and engineering geology recommendations shall be submitted to •. l.verticall ;'have a vertical height in excess of 10 feet.•.+ -'' �. '.'(e)Interceptor Drains.Paved'interceptor drains shall be installed along the the civil engineer and the building official by the soils engineer and the engineer- top of all cut slopes where the tributary drainage area above slopes towards the cut ing geologist. and has a drainage path greater than 40 feet measured horizontally:Interceptor The soils engineer's area of responsibility shall include,but need not be limited drains shall be paved with a minimum of 3 inches•of concrete or,gunite and to;the professional inspection and approval concerning the preparation of ground reinforced..They shall have a minimum depth of 12,inches and a minimum paved to receive fills,testing for required compaction,stability of all finish slopes and width of 30 inches measured horizontally across the drain.The slope of drain shall the design of buttress fills, where required, incorporating data supplied by the be approved by the building official. engineering geologist. The engineering geologist's area of responsibility shall include,but need not be Erosion Control limited to,professional inspection and approval of the adequacy of natural ground Seca 7013. (a) Slopes. The faces of cut and fill slopes shall be prepared and for receiving fills and the stability of cut slopes with respect to geological matters effective and the need for subdrains or other groundwater drainage devices.He shall report maintained to control against erosion. This control may consist re his findings to the soils engineer and the civil engineer for engineering analysis. 878 879 APPENDIX UNIFORM BUILDING CODE 1988 EDITION APPENDIX J r,iThe building official shall inspect the project at the various stages of the work � facilities and their protective devices,and all erosion-control measures have been li requiring approvaLto determine that adequate control,is being exercised by the ="; completed in accordance with the final approved grading plan and the required I professional:consultants:; :cs '-, :.:; .: reports have been submitted. :(d)Regular.Grading Requirements::The,building.official may require-in- y specoon.and testing,by an approved testing agency.. ' _,The testing agency's responsibility shall include, but need not be limited to, 'i approval.concerning the inspection of cleared areas and benches to receive fill, and the compaction'of fills..: Top or PI ",`,When the building official has'cause'to believe'that geologic factors'may be Slope involved the`gradingloperation•will'be'required to conform to "engineered I: grading"'requirements.,",.-"-- _. .; �Fi.�.sl o(e)Notification of Noncompliance. If,in the course of fulfilling his responsi- � w2 but 2'min. rade bility`under this'.'chapter, the.civil'engineer,,the soils engineer,the engineering end 20'max. I Cut or Fill t or the testing a enc finds that.the work being done in conform- . Toe slop` � ws but 2'thin. geologist g g Y g PA and lo'toax. ance with this chapter or;the approved grading plans,the discrepancies shall be I sl°°` reported-immediately in writing to the person in charge of the grading work and to H the I building official.'Recommendations for corrective measures; if necessary, shall be submitted. -. _. I(f)transfer of Responsibility for Approval:+If the civil engineer,the soils Natural or Finish Grade engmeer,:the'engineering geologist or'the:testing agency of record is changed i during the course of the work,the work shall be stopped until the replacement has is *Permit Area Boundary agreed to accept the responsibility within the.area of his technical competence for ; Flgure No.70-1 approval'upon completion of the work: Completion of Work. I ;Sec. 7015. (a)Final Reports.:Upon completion of the rough grading work and at the..final.completion,of.the.work the building official;may require,the following reports;and drawings,and supplements.thereto: , ,I..An as-graded grading plan prepared by the civil engineer including original ground;surface elevations,•-as'-graded ground surface elevations, lot drainage patterns and locations,and,elevations,of all surface and subsurface drainage facilities.He shall state,that to the best of his.knowledge,the.work was done in accordance with the final,approv„ed grading plan..., 2.•A soils'-grading.report:prepared by the soils engineer, including.locations and elevations,of field density,tests,summaries of field and laboratory tests and other substantiating data and comments on any changes made during grading,and their effect.on the recommendations made in,the soils engineering investigation report.He•shall render a finding as to,the adequacy of the site for the.intended use. i'„ 3..A`geologicgrading report prepared by the engineering geologist,including a final description of the-geology,of the,site and any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan.:He,s hall.render,a finding as.to.the adequacy_of the site,for the intended use as an by geologic factors. .(b)=Notification of Completion. The.permittee'or his agentishall notify the building official when the grading operation is,ready for final inspection. Final approval shall not be:given until.all work,,including installation.of all drainage 880' 881 ORD I NANCE NO. 3 a � AN ORDINANCE AMENDING ARTICLE 17 OF THE + HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 17 .05 RELATING TO GRADING AND EXCAVATION The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. Huntington Beach Municipal Code is amended to add Section 17.05, said section to read as follows : Chapter 17 .05 GRADING AND EXCAVATION CODE SECTIONS: 17.05 . 010 Title 17. 05 . 030 Scope 17.05 . 040 Grading Manual 17.05 . 050 Definitions 17 .05 .060 Grading:' Permits 17. 05 . 070 Grading Permit, Paving 17. 05. 080 Grading Permit, Watercourse Alteration 17.05 .090 Types of Grading Permits 17.05 . 100 Enforcement 17 . 05 . 110 Violation And Penalties 17. 05 . 120 Hazardous Conditions 17.05 . 130 Application For Permit 17 .05 . 140 Plans And Specifications 17 .05 . 150 Soils And Geology Reports 17. 05 . 160 Issuance, Expiration, And Renewal 17 . 05 . 170 Denial Of Permit 17.05 . 180 Time Of Grading Operations 17 .05 . 190 Responsibility of Permittee 17 . 05 . 200 Protection Of Adjoining Property 17 .05 .210 Import And Export Of Earth Material 17 .05 .220 Grading Plan Check Fees 17. 051-230 Grading Permit Fees 17 .0.5 .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 System 194 :AFJk 1 17. 05 .320 Erosion Control Plan 17 . 05.330 Erosion Control Maintenance 17. 05 .340 Inspection Authority 17.05 .350 Engineer of Record Responsibility 17. 05.360 Notification Of Non-Compliance 17. 05 .370 Transfer Of 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 may be cited as the "City of Huntington Beach Grading and Excavation Code. " "Code" as referred to in this Chapter, unless the context clearly indicates otherwise, shall mean the "City of Huntington Beach Grading and Excavation Code. " 17 . 05 . 030 Scope. This Code sets forth rules and regulations to control excavation, grading, earthwork and site improvement construction, and to establish administrative requirements for issuance of permits and approval of plans and inspection of grading construction. 17. 05 . 040 Grading Manual . The Director of Public Works shall formulate and modify as necessary such rules, procedures, and interpretations as may be necessary or convenient to administer this Chapter. Such rules, procedures and interpretations shall be referred to as the "City of Huntington Beach Grading Manual" or the "Grading Manual . " In the event of any conflict between said Grading Manual and this Code, the provisions of this Code shall govern. The provisions of the said Grading Manual shall, to the extent that they are made conditions of any permit by the Director of Public Works, be binding on the permittee. 17. 05 . 050 Definitions . (a) Approval, unless otherwise specified, shall mean a written engineering or geological opinion by the responsible engineer or geologist of record concerning the progress and completion of the work. (b) Approved plans shall mean the current grading plans which bear the signature of approval of the Department of Public Works . (c) Approved testing agency shall mean a facility whose testing operations are controlled and monitored by a registered civil engineer and which is equipped to perform and certify the tests required by this Code, or the Grading Manual, as determined by the Director of Public Works . 194 :AFJk 2 (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. (f) Civil Engineer shall mean a professional engineer registered in the State of California to practice in the field of civil engineering . (g) Civil Engineering shall mean the application of the knowledge of the forces of nature, principles of mechanics, and the properties of materials for the evaluation, design, and construction- of civil works for the beneficial uses of mankind. (h) Clearing, brushing, and grubbing shall mean the removal of vegetation (grass, brush, trees, and similar plant types) by mechanical means . (i) Compaction shall mean the densification of a fill by mechanical means . (j ) Commercial coach shall mean a vehicle with or without motive power, designed and equipped for human occupancy for industrial, professional, or commercial purposes, and shall include a trailer coach. (k) Director shall mean Director of the City of Huntington Beach Public Works Department or a duly delegated representative. (1) Earth Material shall mean any rock, natural soil fill, or any combination thereof. (m) Engineering Geologist shall mean a geologist certified in the State of California to practice engineering geology. (n) 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 . (o) Erosion shall mean the wearing away of the ground surface as a result of the movement of wind, .or water. (p) Erosion control system shall mean a combination of desilting facilities and erosion protection to protect adjacent private property, watercourses, public facilities and receiving waters from any abnormal deposition of sediment or dust . 194 :AFJk 3 (q) Excavation shall mean the mechanical removal of earth material . (r) Fill shall mean a deposit of earth material placed by artificial means . (s) Grade shall mean the vertical location of the ground surface. 1. Natural grade is the ground surface unaltered by artificial means . 2 . Existing grade is the ground surface prior to grading. 3 . Rough grade is the stage at which the grade approximately conforms to the approved plan. (t) Grading shall mean any excavating or filling. (u) Grading contractor shall mean a contractor licensed and regulated by the State of California who specializes in grading work or is otherwise licensed to do grading work. (v) Grading permit shall mean an official document or certificate issued by the Director of Public Works or delegated representative authorizing grading activity as specified by approved plans and specifications . (w) Hillside site shall mean a site which entails cut and/or fill grading of three feet or more in vertical height below or above natural ground; or a combination fill-over-cut slope equal to or greater than five feet in vertical height; or where the existing grade is twenty percent or greater. (x) Mobilehome shall mean a structure, transportable in one or more sections, designed and equipped to contain not more than two dwelling units to be used with or without a foundation system. Mobilehome does not include recreational vehicle, commercial coach, or factory-built housing. (y) Owner shall mean any person, agency, firm, or corporation having a legal or equitable interest in a given real property. (z) Permanent erosion control devices shall mean improvements which remain throughout the life of the development; they include terrace drains, down drains, slope landscaping, channels, and storm drains . 194 :AFJk 4 • • (aa) Precise grading permit shall mean a permit that is issued on the basis of approved plans which show precise structure locations, finish elevations, and on-site improvements . (bb) Rough grading permit shall mean a permit that is issued on the basis of approved plans which need not show a structure location, but must show interim building pad drainage to the degree required by the Director. (cc) Semi-permanent erosion control devices shall mean devices which are used primarily during construction and are not relocateable. They include earthen berms, concrete spillways, desilting basins, and riser/outlet pipes . (dd) Site shall mean any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted. (ee) Slope shall mean an inclined ground surface, the inclination of which is expressed as a ratio or percentage. (ff) Soil Engineer shall mean a civil engineer duly registered in the State of California whose field of expertise is soil mechanics . (gg) Soil engineering shall mean the application of the principles of soil mechanics in the in evaluation, and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof . (hh) City Inspector shall mean an inspector duly authorized by the Director of Public Works to perform inspection of grading, concrete placement and related constructed work or other grading related work approved by the Director. 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 . O j ) Terrace shall mean a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes . 194 :AFJk 5 17. 05 . 060 Grading Permits . No person shall conduct any grading, clearing, brushing, or grubbing on natural or existing grade that is preparatory to grading, without first having obtained a grading permit from the Director. Exceptions to this requirement are as follows or as otherwise determined by the Director: (a) An excavation below finished grade for basements and footings of a building, mobilehome, retaining wall, or other structure authorized by a valid building permit or construction permit . This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five (5) feet after the completion of such structure. This shall not 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 Sections 53090 through 53095 (special districts) , pipeline or conduit excavation and backfill conducted by local agencies or public utilities, earthwork construction performed by railway companies on their operating property. This exemption, however, shall apply only when the earthwork construction takes place on the property, dedicated rights-of-way, or easements of the above agencies . (e) Excavation and backfill for installation of underground utilities by public utilities or companies operating under the authority of a franchise or public property encroachment permit . (f) Mining, quarrying, : excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressures upon any adjacent or contiguous property. (g) Exploratory excavations under the direction of soil engineers or engineering geologists, provided all excavations are properly backfilled. All such excavations and trenches are subject to the applicable sections of Title 8 of the State Orders, Division of Industrial Safety. 194 :AFJk 6 (h) An excavation which does not exceed fifty cubic yards on any one site and which is less than two feet in vertical depth, or which does not create a cut slope greater than five feet in vertical height and steeper than two to one vertical (2 : 1) . (i) A fill less than one foot in depth placed on natural grade with a slope flatter than five horizontal to one vertical (5 : 1) , which does not exceed fifty cubic yards on any one lot and does not obstruct a drainage course. (j ) A fill less than three feet in depth, not intended to support structures or mobilehomes which does not exceed fifty cubic yards on any one lot and does not obstruct a drainage course. 17. 05 . 070 Grading Permit , Paving. No person shall construct pavement surfacing in excess of three thousand square feet, on natural or existing grade without 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. 17 . 05 . 080 Grading Permit, Watercourse Alteration. No person shall alter an existing watercourse, channel, or revetment by excavating, or placing fill, rock protection, or structural improvements without a valid grading permit unless waived by the Director or performed as interim protection under emergency flood fighting conditions . 17. 05 . 090 Types of Grading Permits. Either a rough grading permit or a precise grading permit may be issued for grading work upon completion of an application in accordance with the Grading Manual and approval by the Director . The rough or precise grading permit is the option 'of the permittee provided that the plans satisfy the requirements of the Grading Manual . Building permits may be issued in accordance with (a) and (b) below: (a) Building permits may be issued for a site graded under a valid precise grading permit upon completion and approval of rough grade inspection as specified in Section 17. 05 .380, "Site Inspection by the City Inspector" . (b) Building permits shall not be issued for a site graded under a rough grading permit until a precise grading permit has been issued and the provisions of (a) have been satisfied. 194 :AFJk 7 • 17. 05 . 100 Enforcement. Whenever any building or grading work is being done contrary to the provisions of this Code or the Grading Permit, the Director may order the work stopped by notice, in writing, served on any persons engaged in the doing or causing such work to be done; and any, such persons shall forthwith stop such work until authorized by the Director to proceed with the work. 17. 05. 110 Violations and Penalties . (a) It shall be unlawful for any person, firm, or corporation to do grading in the City of Huntington Beach, or cause the same to be done, contrary to or in violation of any of the provisions of this Code. (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. (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 months, or by both such fine and imprisonment for each offense. 17. 05 . 120 Hazardous Conditions . (a) Existence: Hazardous conditions exist when the state of any natural ground, natural slopes, excavation, fill, or drainage device, all of which exist on public or private property, is a menace to life or limb, or a danger to public safety, endangers or adversely affects the safety, usability or stability of adjacent property, structures, or public or private facilities . (b) Examination: The Director may examine or cause to be examined every condition reported as hazardous as set forth in subsection (a) of this section. 194 :AFJk 8 (c) Notice of Hazardous Condition Hearing: In any case where a hazardous condition is found by the Director, the Director shall give notice, setting forth the finding to all owners of the property affected by the hazardous condition, authorized representative of the owners or a permittee under any active permit which gives permittee control of the property issued pursuant to this Code, hereinafter referred to as 'owner ' , of such required corrective work. The notice may state the time and place of a hearing to be held if the owner fails to comply with any demand for corrective work or reports . The purpose of the hearing would be for the presentation 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. (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. (e) Order, Finality, and Appeal : If the Hearing Officer determines the existence of a hazardous condition, the Hearing Officer shall determine whether such hazards are subject to corrective work and/or the need for more analysis through the preparation of reports and shall order such work or reports and specify a completion time. 1. Finality of order: The determination and order may be made orally at the hearing and shall be written and transmitted to the owner within a reasonable time. The determination and order shall become final within five days, excluding Saturdays, Sundays, and holidays, from the time it is first rendered. In the event that the owner was not present at the hearing, within five days of the mailing of the order to the last known address of said owner. 2 . Appeal : The owner may, at any time prior to the determination and order becoming final, appeal in writing the decision of the Hearing Officer to the City Council . 194 :AFJk 9 (f) Completion of Work The owner shall, following the finality of the determination and order of the Hearing Officer, or if appealed, the determination and order of the City Council, commence the corrective action ordered or preparation of reports; and such work or submissions shall be completed within the specified time. (g) Failure to Complete Work: If the owner neglects or fails to complete the corrective work or submit the reports ordered by the Hearing Officer or City Council within the specified time, the Director may; (1) cause the work to be performed or reports to be prepared or, (2) advise the owner of the need for corrective work and warn 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 . Nothing in this subsection shall be construed to limit the type of remedy or relief which the Director may have under any other provision of law. (h) Costs : Costs incurred by 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 . (i) Vacation of property: If necessary, the notice and order in subsections (c) or (e) of this section shall include the requirement that the property, a portion thereof, or adjacent sites be vacated within a specified time, in the interest of public safety, pending the finality of any determination and order for completion of corrective work. (j ) Notice: The Director of Public Works shall cause the property to be posted at conspicuous locations with a notice containing at least the following: UNSAFE TO OCCUPY DO NOT ENTER Director of Public Works CITY OF HUNTINGTON BEACH i Date Posted Said posted notice may also contain the date, time, and place of the hearing and the name, address , and telephone number of the office of The Director where additional information may 194 :AFJk 10 be obtained. Such posted notices shall remain posted until any necessary corrective work is completed. Such posted notices shall not be removed without written permission of the Director, and 'no person shall enter the property except for the purpose of making the required corrections or preparing reports . (k) Service of Notices : The notices and order required by subsections (c) and (e) of this section may be served either: 1. By mailing a copy by certified 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 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 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 4 . If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there cannot be found, then by affixing a copy in a conspicuous place on the property, building or structure and also delivering a copy to a person there residing, if any, or to the person in charge, if any; and also sending a copy by certified mail, return receipt requested, addressed to the owner at the place where the property, building or structure is situated, or to the owner at his last known or designated address, or both. 17. 05 . 130 Application For Permit (a) To obtain a grading permit, the applicant must first file an application in writing on a form furnished by the Director . The permit application shall be accompanied by information required by the Director and as specified in the `Grading Manual . 194 :AFJk 11 (b) Applications for which no permit is issued within 180 days following the date of application shall 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. 17 . 05 . 140 Plans and Specifications . (a) Each application for a grading permit shall be accompanied by plans and specifications , and supporting data consisting of soil engineering and engineering geology reports when required by the Director . (b) Plans and specifications shall be prepared and signed by a civil engineer, unless otherwise approved by the Director. 17 . 05 . 150 Soils and Geology Reports (a) A soil engineering and 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 80 . 105 (e) and Fire Department Specification No . 431-92 - responsibility for mitigation and clean up of contaminated soil . 17 . 05 . 160 Issuance, Expiration, and Renewal Every permit issued shall be valid for a period of two years from the date of issuance, except as specified in Subsections (a) and (b) below: (a) Every permit issued shall expire by limitation and become void if the work authorized by such permit is not commenced within 180 days from the 'date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days . The Director may extend the 180 day expiration time limit on permits 194 :AFJk 12 not to exceed two successive periods of 180 days each, upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. (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 . The Director may require that grading operations and project designs be modified if delays occur which include weather related problems not considered at the time the permit was issued, and further subject to the provisions of Section 17 . 05 . 170, "Denial of Permit, of this Code. " If the permittee is unable to complete the work by the end of a two year period, the Director may renew the grading permit on an annual basis for a fee of one-half the amount required for the original permit for such work, provided no changes have been made in the original plans and specifications for such work. 17 . 05 . 170 Denial of Permit . (a) The Director shall not issue a permit in any case where it is found that the work as proposed by the applicant is liable to constitute a hazard to property or result in the deposition of debris -on any public or private way or interfere with any existing drainage course. If it can be shown to the satisfaction of the Director that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills , drainage devices or by other means , the Director may issue the permit with the condition that such work be performed . (b) If, in the opinion of the Director, the land areas for which grading is proposed is subject to geological or flood hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property, the Grading Permit shall be denied. 194 :AFJk 13 (c) The Director may require plans and specifications to be modified in order to mitigate anticipated adverse environmental effects of proposed grading projects . The Director may, under circumstances where the significant adverse environmental effects of the proposed grading project cannot be mitigated, deny the issuance of a grading permit . (d) The Director may require plans and specifications to be modified in order to make them consistent with the City of Huntington Beach General Plan, Specific Plans, Zoning Code or other rules, regulations, or conditions applicable to the project . The Grading Permit may be denied if the proposed project cannot be designed in accordance with these rules, regulations, or conditions . 17 . 05 . 180 Time of Grading Operations . 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 Iissued, 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 . 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 . 17 . 05 . 200 Protection of Adjoining Property. Each adjacent owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement as provided by law. 17 . 05 . 210 Import and Export of Earth Material Where an excess of 5, 000 cubic yards of earth per project site is moved 194 :AFJk 14 on public roadways from or to the site of an earth grading operation, all the following requirements shall apply: (a) Either water or dust palliative or both must be applied for the alleviation or prevention of excessive dust resulting from the loading or transportation of earth from, to, or within the project site on public roadways . The permittee shall be responsible for maintaining public rights-of-way used for handling purposes in a condition free of dust, earth or debris attributed to the grading operation. (b) Loading and transportation of earth from or to the site must be accomplished within the limitations established in Section 17. 05 . 180, "Time of Grading Operations, " of this Grading Code. (c) Access roads to the premises shall be only at points designated on the approved grading plan. (d) The last 50 feet of the access road, as it approaches the intersection with the public roadway, shall have a grade not to exceed three percent 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. (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. (f) An advance warning sign must be posted on the public roadway 400 feet on each side of the access intersection, carrying the words "Truck Crossing . " The sign shall be diamond shaped, each side being 30 inches in length, shall have a yellow background, and the letters thereon shall be five inches in height . The sign shall be placed six feet from the edge of the pavement, and the base of the sign shall be five feet above the pavement level . The advance warning sign shall be covered or removed when the access intersection is not in use. (g) If the grading project includes the movement of earth material to or from the site in an amount considered substantial by the Director, the permittee shall submit the haul route for review and approval by the Director. The Director may require, as a special condition of the grading permit, alternate routes or special requirements in consideration of the possible impact on the adjacent community environment or effect on the public right-of-way. 194 :AFJk 15 17 . 05 . 220 Grading Plan Check Fees . The applicant shall pay a plan check fee as established by resolution of the City Council and as provided in the Grading manual at the time an application for a grading permit is made. 17 . 05 . 230 Grading Permit Fees . A fee for each grading permit shall be paid prior to issuance of a grading permit as established by resolution of the City Council and as provided in the Grading Manual . 17 . 05 . 240 Cost Recovery Fees . If the City performs emergency work on private property, the property owner shall be charged all direct and indirect costs which are necessary to complete the work to the Director ' s satisfaction. In addition, the Director may charge a mobilization cost equal to 10 percent of the cost for performing the work. 17 . 05 . 250 Security. (a) A grading permit shall not be issued unless the permittee shall first post with the Director security in a form and amount set forth in the Grading Manual . The security is required to assure that the work, if not completed in accordance with approved plans and specifications, will be corrected to eliminate hazardous conditions . This requirement may be waived at the discretion of the Director if it is determined that : 1 . No hazardous situation is likely to occur as a result of incomplete or improper grading, and 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 . 194 :AFJk 16 (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 . (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 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 1705 . 240 . 17. 05 . 260 Cuts . Cut slopes shall be no steeper than two horizontal to one vertical (2 : 1) unless otherwise recommended in the soil engineering or engineering geology report and approved by the Director . The slope of cut surfaces shall be no steeper than is safe for the intended use. 17 . 05 . 270 Fills . Fill slopes shall be no steeper than two horizontal to one vertical (2 : 1) unless otherwise recommended in the soil engineering report and approved by the Director. The slope of fill surfaces shall be no steeper than is safe for the intended use . 17 . 05 . 280 Setbacks . Structures shall be set back from the tops and toes of slopes as specified in the Grading Manual . 17 . 05 . 290 Drainage and Terracing . Drainage facilities and terracing shall conform to the provisions of the Grading Manual 194 :AFJk 17 unless otherwise approved by the Director and delineated on the approved grading plan. 17 . 05 . 300 Asphalt Concrete Pavement . (a) Asphalt concrete pavement for surfacing of parking lots, private streets, or other similar uses shall conform to the provisions of the Grading Manual unless otherwise approved by the Director . (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. 17 . 05 . 310 Erosion Control System. (a) The faces of cut and fill slopes and the project site shall be prepared and maintained to control erosion in accordance with this Code. (b) Where necessary, temporary or permanent erosion control devices such as 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 15 to April 15 . (c) No grading work in excess of 200 cubic yards will be allowed between October 15 and April 15 on a grading site under permit unless an erosion control system has been approved or waived by the Director . (d) Paved streets, sidewalks, and other improvements shall be maintained in a neat and clean condition free of loose soil , construction debris , and trash. Street sweeping or other equally effective means shall be used on a regular basis to prevent storm flows from carrying sediment and debris outside the project boundaries . Watering shall not be used to clean streets except for fine material not otherwise removed by sweeping or other mechanical means . (e) Unless otherwise approved by the Director, the owner shall be required to retain a civil engineer who will be responsible for the design of all erosion control improvements and initial approval of the installation of permanent and semi-permanent erosion control devices during each rainy season, until the work authorized by the permit is given final approval . The owner shall retain the civil engineer to periodically review the field condition and modify, as needed, the design of the permanent and semi-permanent erosion 194 :AFJk 18 control devices during the rainy season. Installation and maintenance of all erosion control devices shall be the responsibility of the owner. (f) Desilting facilities shall be provided and maintained by the owner at drainage outlets from the graded site. (g) Desilting basins shall be designed to provide a minimum desilting capacity equal to the current City of Huntington Beach standards . (h) Equipment and workers for emergency work shall be made available at all times during the 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 . (i) Erosion protection shall consist of effective planting of all slopes in excess of five feet high unless otherwise approved by the Director. Slopes exceeding 15 feet in height may require an adequate sprinkler system, as determined by the Director . Protection for slopes shall be installed as soon as practicable. Effective planting shall be installed, fully germinated, and effectively cover the required slopes prior to final approval, unless otherwise approved by the Director . (j ) Design of erosion control provisions shall consider drainage patterns during present and future phases of grading throughout the rain season. (k) All removable protective devices shown shall be in place at the end of each working day when the three day rain probability forecast exceeds 40 percent . ( 1) Graded areas around the project site perimeter shall drain away from the face of slopes at the conclusion of each working day. 17 . 05 . 320 Erosion Control Plans . Erosion control plans prepared by the engineer of record and in accordance with provisions of the Grading Manual shall be submitted to the Director for approval by September 15 of each year for projects under 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 15 . 17 . 05 . 330 Erosion Control Maintenance. 194 :AFJk 19 (a) After each rainstorm, the owner shall ensure that silt and debris is removed from check berms and desilting basins and that basins are pumped dry. (b) After each rainstorm, the performance of the erosion control system shall be evaluated and repaired as necessary. (c) Devices shall not be moved or modified without the approval of the Director . (d) The owner shall take necessary precautions to prevent public trespass onto areas where impounded water creates a hazardous condition. (e) The owner shall be responsible for continual maintenance of the devices during the rain season. In the event of failure or refusal by the owner to properly maintain the devices, the Director may cause emergency maintenance work to be done to protect adjacent private and public property. The cost shall be charged to the owner and shall include an initial mobilization cost, and the cost of doing the work. (f) If any grading subject to Section 17 . 05 . 060 , "Grading Permits, " of this Code is commenced on private property without a valid grading permit, the owner may be required to prepare and implement an erosion control plan which has been approved by the Director. In the event of failure by the owner to install an approved erosion control system, the Director may cause emergency work to be done to protect adjacent private and public property. The procedures of Section 17 . 05 . 120, "Hazardous Conditions, " of this Code, need not apply for emergency erosion control work between October 15 and April 15 . The cost shall be charged to the owner in accordance with item (e) of this section. 17 . 05 . 340 Inspection Authority. All grading operations for which a permit is required shall be subject to inspection by the Director. 17 . 05 . 350 Engineer of Record Responsibility. (a) It shall be the responsibility of the civil engineer of record who prepares the grading plan approved by the Director, to incorporate all recommendations from the soil engineering and engineering geology reports into the grading plan. The engineer of record shall be responsible for the professional inspection and approval of the grading within his other area of technical speciality. This responsibility shall 194 :AFJk 20 include, but need not be limited to, inspection and approval line, grade, and drainage of the development area. The engineer of record shall be responsible for the preparation of revised plans, erosion 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 fills, the stability of cut slopes with respect to geological matters, and the need for subdrains or other ground water drainage devices . The engineering geologist shall report findings to the soil engineer and the civil engineer for engineering analysis . (d) The Director may inspect the project at various stages of work requiring approval to determine that adequate control is being exercised by the responsible professionals . 17 . 05 . 360 Notification of Non-Compliance. If, in the course of fulfilling their responsibility under this Code, the civil engineer, 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 measurds , if necessary, shall be submitted to the owner . The owner shall submit two copies of all recommendations and reports to the Director . 17. 05 . 370 Transfer of Responsibility for Approval . If the civil engineer, the soil engineer, the engineering geologist, the testing agency, or the grading contractor of record are changed during the course of the work, the work shall be stopped unless : 1) the owner submits a letter of notification to the Director verifying the change of the responsible professional; and 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 194 :AFJk 21 performed by the prior responsible professional and that he or she concurs with the findings, conclusions, and recommendations, and is satisfied with the work performed. 17 . 05 . 380 Site Inspection by the City Inspector. (a) Prior to the approval of any building or grading plans and specifications, the City Inspector may inspect the site to determine that the plans and specifications are current and reflect existing conditions . (b) The contractor or agent shall notify the City Inspector if, during the course of grading operations, contaminated soil is uncovered. (c) The permittee or agent shall notify the City Inspector when the grading operations for which inspection is required are ready for inspection. (d) If the Inspector finds the soil or other conditions not as stated in the approved plans and soil or geology reports, or as in additional information which was required for issuance of the grading permit, the Inspector may refuse to allow further work until approval is obtained for a revised grading plan which will conform to the conditions . (e) The provisions of Section 202(d) , Stop Orders, of the Uniform Building Code, shall apply to all grading work, and whenever the City Inspector determines that any work does not comply with the terms of a permit, or this Code, or that the soil or other conditions are not as stated on the permit, the Inspector may order the work stopped by notice in writing served on any persons engaged in doing or causing of such work to be done and any such persons shall forthwith stop such work until authorized by the City Inspector to proceed with the work. 17 . 05 . 390 Special Inspections . The Director may establish special inspection requirements in accordance with Section 306, Special Inspection, of the Uniform Building Code, as amended for special cases involving grading or paving related operations . Special cases may apply to work, where in the opinion of the Director, it is necessary to supplement the sources or expertise available for inspection. 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 . 194 :AFJk 22 0 17 . 05 .410 Notification of Completion. The permittee or agent shall notify the City Inspector when the grading operation is ready for final inspection. All work, including installation of all drainage facilities and their protective devices and all erosion control measures, must be completed in accordance with the final approved grading plan and the required reports approved by the Director before final approval of the grading permit may be given by the City Inspector. SECTION 2 . This ordinance shall take effect thirty (30) days after adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 1993 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk C'ity Attorney REV AN R D: INITIATED AND APPROVED: City Administrator Director of Public Works 194 :AFJk 23 OFFICE OF THE CITY CLERK CITY OF HUNTINGTON.BEACH 2000 MAIN STREET/P. O. BOX 190 HUNTINGTON BEACH, CALIFORNIA 92648 Multifax Image Mate (714) 374-1557 ***PLEASE DELIVER THE FOLLOWING MATERIAL AS SOON AS POSSIBLE*** TO: — ✓ /C FAX NO. 9co 6597 PHONE NO. FROM: L.e=Z& NUMBER OF PAGES _ (INCLUDING COVER PAGE) DATE SENT: � `93 TIME SENT: AM/PM OPERATOR'S NAME PLEASE NOTIFY OPERATOR IMMEDIATELY IF NOT RECEIVED PROPERLY (714) 536-5227 COMMENTS: AL Z!56 of CHARGE FOR THIS MATERIAL: PLEASE REMIT TO THE ADDRESS ABOVE 1038K •?11 0�'� Div. l l L3� M", Cowes AW op.. Aar Pry 14' 41107.7• Sal Any city or county ma>'• by ordinance or resolution. find end rained roads as described in said declare that thsre are privately o+vr►ed nor h that are not n,erally held open ordhwa4e or reaoiubon within c'of vehicular travel but�' reawn r their for use of the public � purpo�s w, the interests of any.residents residing "with 8 application of PrombMity to or conne�°n will best be served I PP shall be OVA the � ' or resolution this co, to is first fi n''1any privately petition county& mainud ed.roa notice to all d by a m {t!`of tk nerd 10 days' Au°�the �vissorts of without a �bk bearing t of such ordinance Maintainedly owned and road ovided tbk code sB_�afe any ere at tTa Feivale neeight�from a Of 10000 feet to tlye ef3ect t W they is subject > prov to provide isions of a ol or enf��y mat�ne� su to ro) The tfsb owned provisionscept those applicable ibe p acb. ur► , this wctiom provisions Gs Of�than by and maintaned rods" includes t'° e) 2 t Jyt '°cb0° •p�va�yly�o unty or district that are not dedicated roads owned SM maintained by re not gener rpo "o ally held open for use of the public for tof�5tr*vel. Ch 1911 Statz 1963 FJFrer►re Sept•(3 1IB 1T,1981. Lh Ck 1M0,Sierra � 1SdD Scats 19M.F!k>c�� �8ed(], 10i3.Stan ItIR.1F+kQ a r.�". 13, i98R Div. 11 -=2:95— 2110S Mrs►Roods Nof opera for Pubic Use • 21}07,7• (a) Any city or county may, by ordinance or resolution. find and j declare that there are privately owned and maintained roads as described in said ordinance or resolution within the cih or county that are not generally held open for use of the public for purposes of vehicular travel but by reason of their proximity to or connection with highways the interests of any residents residing along such roads and the motoring public will best be served by application of f�provisions o code to such roads, No such ordinance or resolution shall be enacted unless there is first filed with the city or county a petition requesting such by a majority of the owners of any such privately owned and maintained road and without a public hearing thereon and 10 days"prior written notice to all owners of such road. Upon enactment of such ordinance or resolution, the provisions of this code shall apply to any such privately owned and maintained road pro-ided appropriate signs are erected at the entrance to the road of such size, shape and color as to be readily leglbie during daylight hours from a distance of 100 feet, to the effect that the road is subject to such provisions of this code. (b) The department shall not be required to pro%ide patrol or enforce any proymons of this code on any privately owned and maintained road subjected to the provisions of this code under this section, except those pro,.isions applicable to private property other than by action under this section. (c) As used in this section "privately owned and maintained roads" includes roads owned and maintained by a city, county or district that are not dedicated to use by the public or are not generally held open for use of the public for purposes of vehicular travel. Added.C,k►-1914,State 1963. EKective Sept.4A, 19M Amended Ch 1W Stall. 1965 su�perseding Ch. ISM,Stats. 19Z. Effective Sept. 17, 1965. Amended C h. 10i3,Stab 19% Effective Nov. 13, 1968. LAW OFFICES I d ,F-OR`D, WALKER, HAGGERTY & BEHAR TIMOTHY L. WALKER ONE WORLD TRADE CENTER COUNSEL ' G. RICHARD FORD TWENTY-SEVENTH FLOOR T TROFE HEOD0ORE P. SHIELD N�/' JEFFREY S. BEHAR - W ILLIAM C. HAGGERTY - ` ,J - r,,, .LDNG BEACH, CALIFORNIA 90831-2700 MARK STEVEN HENNING•S TELEPHONE 13101 983-2500 r ~' DONNA ROGERS KIRBY TINA M. RISHWAIN FACSIMILE (310) 983-2555 WRITER'S DIRECT DIAL NUMBER JAMIEL G. DAVE e ARTHUR W. SCHULTZ JON THEODORE MOSELEY (310) 983-2504 WILLIAM J. MOSELEY IV March 4, 1992 SUSAN WARD BERGER MAXINE J. LEBOWITZ - JOSEPH A. HEATH v "' TIMOTHY P. MCDONALD ROBERT JOHN CHAVEZ K. MICHELE WILLIAMS J. MICHAEL McCLURE TIMOTHY L. NEMECHEK ' KEVIN P. BATEMAN STEPHEN WARD MOORE JAMES D. SAVAGE JOHN D. COLOMBO ' JACK R. REINHOLTZ TODD D. PEARL i MARK A. LYTLE PATRICK J. GIBBS Ms. Gail Clifford Hutton City Attorney 2000 Main Street Huntington Beach, California 92648 Re: Seacliff on the Greens Dear Ms. Hutton: Please find enclosed the original resolution by the Board of Directors of Seacliff on the Greens Community Association. Pursuant to our conversation on this date, a copy of same has been faxed to your attention. Thank you for your cooperation in this regard. Very t-j<ly yours, ►J IAM C. HAGGER 4 Of FORD, WALKER, HAGGERTY & BEHAR WCH:ds Enclosure. . . • A RESOLUTION BY THE BOARD OF DIRECTORS SEACLIFF ON THE GREENS COMMUNITY ASSOCIATION TO: THE CITY COUNCIL, CITY OF HUNTINGTON BEACH, CALIFORNIA WHEREAS, THE BOARD OF DIRECTORS OF THE SEACLIFF ON THE GREENS COMMUNITY ASSOCIATION IS THE DULY ELECTED BODY OF REPRESENTATIVES TO MAINTAIN THE INTEGRITY OF THE. ASSOCIATION WITHIN AND ON THE PRIVATE STREETS OF SEACLIFF ON THE GREENS; AND WHEREAS A CONDITION DOES INDEED EXIST, BECAUSE OF THE PROXIMITY OF SEACLIFF ON THE GREENS TO AND CONNECTION WITH PUBLIC STREETS, THAT THE INTERESTS OF THE RESIDENTS ALONG SUCH PRIVATE ROADS AND THE MOTORING PUBLIC WILL BEST BE SERVED BY APPLICATION OF THE VEHICLE CODES; AND WHEREAS, THE BOARD OF DIRECTORS OF THE SEACLIFF ON THE GREENS COMMUNITY ASSOCIATION IS POWERLESS TO CORRECT AND ABATE VEHICLE CODE VIOLATIONS EXTANT; AND WHEREAS THE POLICE DEPARTMENT OF THE CITY OF HUNTINGTON BEACH IS POWERLESS TO CORRECT AND ABATE THE VIOLATIONS EXTANT; AND WHEREAS, THE BOARD OF DIRECTORS OF THE SEACLIFF ON THE GREENS COMMUNITY ASSOCIATION AS THE REPRESENTATIVE BODY OF THE RESIDENTS HAS VOTED UNANIMOUSLY TO PRESENT THIS RESOLUTION TO THE HUNTINGTON BEACH CITY COUNCIL TO ENACT AN ORDINANCE OR RESOLUTION AUTHORIZING THE ENFORCEMENT OF THE - 1 - t CALIFORNIA VEHICLE CODE ON AND WITHIN THE PRIVATE 'STREETS OF SEACLIFF ON THE GREENS, IN ACCORDANCE WITH THE CALIFORNIA VEHICLE CODE SECTION 21107.7. BE IT FURTHER RESOLVED THAT THE BOARD OF DIRECTORS OF THE SEACLIFF ON THE GREENS COMMUNITY ASSOCIATION DESIRES THE FOLLOWING STATEMENTS OF UNDERSTANDING BE MADE KNOWN TO THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH: A. THERE IS NOT INTENDED NOR DESIRED TO BE ANY DEDICATION OF THE PRIVATE STREETS OF SEACLIFF ON THE GREENS TO THE CITY OF HUNTINGTON BEACH. B. . THE SEACLIFF ON THE GREENS- COMMUNITY ASSOCIATION WILL ABSORB ALL DIRECT COSTS OF COMPLIANCE WITH THE CALIFORNIA VEHICLE CODE, SECTION 21107. 7 AS RELATES TO SIGN PROCUREMENT AND PLACEMENT. C. IT IS THE DESIRE OF THE BOARD OF DIRECTORS OF THE SEACLIFF ON THE GREENS COMMUNITY ASSOCIATION TO WORK CLOSELY WITH THE CITY COUNCIL, THE POLICE DEPARTMENT, AND OTHER INTERESTED DEPARTMENTS OF THE CITY OF HUNTINGTON BEACH. D. THE BOARD OF DIRECTORS OF THE SEACLIFF ON THE GREENS COMMUNITY ASSOCIATION WILL CONTINUE TO AGGRESSIVELY PURSUE COMPLIANCE WITH THE COVENANTS, CONDITIONS AND RESTRICTIONS BY HOMEOWNERS, RESIDENTS AND GUESTS. 2 - E. THAT THE RESIDENTS AND BOARD OF DIRECTORS OF THE COMMUNITY ASSOCIATION OF THE SEACLIFF ON THE GREENS WOULD APPRECIATE THE SAME DEGREE OF ENFORCEMENT AND SURVEILLANCE AS ACCORDED THE OTHER PUBLIC STREETS THROUGHOUT THE CITY. ORIGINALLY DULY AUTHORIZED AND SIGNED THIS 30th DAY OF AUGUST, 1991. AS AMEN ED, PARAGRAPH "Ell, DULY AUTHORIZED AND SIGNED THIS 4TH DAY OF MAR H, 1992 . 4/' C�t WILL C. HAG R , ice P sident SEACLIFF ON THE GREENS COMMUNITY ASSOCIATION 3 - NOTICE OF PUBLIC HEARING SEACLIFF ON THE GREENS PETITION FOR APPLICATION OF CVC SECTION 21107 . 7 TO PRIVATE STREETS NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7 :00 p.m. , or as soon thereafter as possible on Monday, the 2nd day of March, 1992, for the purpose of considering a petition for application of Section 21107 . 7 of the State of California Vehicle Code to all streets within Seacliff on the Greens, Tracts 10068, 10069 , 12491, 13196 and Tentative Tract 10067 for vehicle violation enforcement by the Police Department . All interested persons are invited to attend said hearing and express their opinions for or against said petition. Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California 92648 - (714) 536-5227 DATED: CITY OF HUNTINGTON BEACH By: Connie Brockway City Clerk