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HomeMy WebLinkAboutPH 1 GRADNG/EXCAVTN 03-20-89DATE: MARCH 20, 1989 PUBLIC HEARING NO. 1 3-20-89 Inter- Corn TO: FROM: SUBJECT: WILLIAM A. HUSTON, CIl~{ MANAGER CHRISTINE SHINGLETON, DIRECTOR OF COMMUNITY DEVELOPMENT PUBLIC HEARING ON AMENDMENTS TO TUSTIN CITY CODE RELATED TO GRADING AND EXCAVATION RECOMMENDATION It is recommended that the City Council take the following action: M. O. - Ordinance No. 1018 have first reading by title only. M. O. - Ordinance No. 1018'be introduced. BACKGROUND The Planning Commission at a regular meeting on January 9, 1989 recommended to the City Council certain amendments to the Tustin City Code related to Grading and Excavati on. Every City and County in the State of California is required to adopt and enforce the Uniform Building Code or to adopt and enforce codes imposing equivalent standards or requirements, or more stringent requirements where local conditions warrant such modifications to Uniform Codes. While Chapter 70 of the Uniform Building Code (adopted as Section 8103 of Chapter 1, Article 8 of the Tustin Code) currently regulates excavation and grading in Tustin, provisions of the East Tustin Specific Plan and Development Agreement required preparation of a grading ordinance .regulating hillside grading. Accordingly, staff began working over 20 months ago on comprehensive amendments to the City Code and what was envisioned as an accompanying Grading Manual. In conversations at the staff level, it was determined that this approach would be pursued as a more convenient means of administering the complexities of grading issues. Examples of this type of approach were also already being successfully used by the County of Orange and City or Irvine. In preparing a draft ordinance and manual extensive staff revisions and input was provided from affected City departments. These revisions were supplemented by technical advice the City obtained from at least three engineering consulting firms. The staff has also coordinated closely with the Irvine Company in an effort to address t. heir concerns and issues. While Planning Commission review of tile Grading Ordinance is not legally required, it was requested by them during preparation of the East Tustin Specific Plan. City Council Report March 20, 1989 Grading and Excavation Amendments Page two .- All revisions have been made to the Ordinance to reflect comments from the City Attorney and the Ir~vine Company (see attached Ordinance). Staff, are still continuing to work 6n more extensive revisions necessary on the Grading Manual. The Deputy City Attorney has indicated that the City Council could act on the Grading and Excavation Code Amendments prior to completion of the Manual. The Irvine Company has also consented to %his approach. The proposed Grading Manual is expected to be presented for City Council consideration within 60 days. Staff believes the attached Code Amendments regulating Grading and Excavation in the City are consistent with requirements of Chapter 70 of the Uniform Building Code, but also require special attention to grading in hillside areas through a special Hillside Review Process. A summary of the Ordinance is attached. Christine Shingleton ~ Director of Community Development CAS 'pef Attachments' Summary Resolution No. 2555 Ordinance 1018 Community Developmen~ Department SUIWlHARY OF PROPOSED CODE PROVISIONS REGULATING GRADING AND EXCAVATION IN THE CITY OF TUSTIN' I. PURPOSE A. Safeguard life, health, property, public welfare, and environment by establishing requirements for grading. II. SCOPE A. Rules and regulations to control excavation, grading and earthwork construction including fills, embankments. B. Establishes requirements and procedures for issuance of permits, maintenance of property, approval of plans, inspection of grading within the City of Tustin. III. PERMITS REQUIRED/TYPES A. Grading permits required prior to grading with exceptions described. B. Types of permits. 1. Rough 2. Precise I¥. APPLICATION/ISSUANCE PROCEDURES A. Appl i cati on. B. Application, plans, specifications, etc., reviewed by Building Official. C. Building Official will approve plans if all requirements are met and may attach conditions. D. Building Official can deny permit if work will create a hazard. V. EXPIRATION/RENEWAL A. Work must commence within 180 days and be completed within one year. B. If permit expires, a new permit can be obtained at one-half permit fee. C. Extension of time can be requested. D. Permit expires upon change of ownership. VI. SUSPENSION/REVOCATION Ou 1:1 i ne Grad1 ng/Excaval;i on Page tt~o V I I. APPEAL A. Decision to deny or grant a permit or Pevoke or suspend. B. Board of Appeals is the Planning Commission. VIII. HILLSIDE REVIEW A. Applicability 1. Hillside District in East Tustin Specific Plan. 2. Outside of Plan - all other areas over 20% slope. B. Required prior/concurrently with Tract Map approvals or prior to issuance of grading or building permits. C. Procedure. 1. Prel imi nary review. 2. Director approves minor reviews, all other reviewed by Planning Commission who can approve, deny or conditionally approve. 3. All decisions appealable. 4. In reviewing hillside grading, objectives listed in ordinance must be complied with. IX. HAZARDS A. Menace to life and limb, as determined by City Engineer, owner shall correct such condition upon written notification. B. Safety precautions shall be taken to prevent the occurrence of hazardous conditions, whether notified or not. X. FEES AND BONDS - To be established by Resolution. XI. CUTS AND FILLS A. 2:1 limit on cuts with reference to specifics in Grading Manual. B. 2:1 limit on fills with reference to specifics in Grading Manual. XII. SETBACKS- See Grading Manual XIII. DRAINAGE/TERRACING- See Grading Manua1 Ou tli ne Grad1 ng/Excavati on Page three XIV. ASPHALT PAVEMENT - See Grading r~anual. XV. EROSION CONTROL A. Erosion control required. B. Grading limited between October 15th - April 15th unless an erosion control plan is approved. XVT. INSPECTION AND COMPLETION OF WORK - A1 1 work performed under a grading permit shall be subject to inspections and written reports may be required. CAS:per 6 7 8 9 10 11 13 14 15 16 17 18 19 ~0 22 23 24 25 26 28 RESOLUTION NO. 2555 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE CITY COUNCIL -CERTAIN AMENDMENTS TO THE TUSTIN~ CITY CODE RELATED TO GRADING AND EXCAVATION The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission of the City of Tustin finds and determines as follows: Ae Every City and County in the State of California is required to adopt and enforce the Uniform Building Code or adopt and enforce codes imposing equivalent standards or requirements, or more stringent requirements where local conditions warrant such modifications. Be While Chapter 70 o~: the Uniform Building Code adopted as Section 8103, Chapter 1 of Article 8 of the Tustin City Code currently regulates excavation and grading in Tustin, provisions of the East Tustin Specific Plan and Development required preparation of a Grading Ordinance regulating hillside grading. Ce The Planning Commission held a special workshop on November 28, 1988 to review draft Code Amendments impacting grading and excavation. The Planning Commission also reviewed a revised draft of the Amendments at a regular meeting on January 9, 1989. ,- D. The subject Amendment is a ministerial exemption pursuant to the California Environmental Quality Act. E. The subject Amendment is in the best interest of the public health, safety and welfare. F. The subject Amendment is consistent with the Tustin General Plan and the East Tustin Specific Plan. II. The Planning Commission recommends to the City Council approval of Amendments to the Tustin City Code related to Grading and Excavation as shown on Exhibit A, attached hereto, and incorporated herein by reference. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 9th day of January, 1989. Penni Foley Secretary A. L. Baker - Chairman Exhibit A to Resolution No. 2555 Fi na.1 Draft 1-4-89 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, AMENDING SPECIFIED SECTIONS OF ARTICLE 8 OF THE TUSTIN CITY CODE TO ADOPT PROVISIONS RELATING TO GRADING AND EXCAVATION The City Council of the City of Tustin does ordain as follows- Section 1- Section 8103 of Chapter 1, Article 8 of the Tustin City Code is amended by adding subsection L. to read as follows' L. Cha.pter 70 is hereby deleted in its entirety. Section 2: Chapter 9 of Article 8 of the Tustin City Code is hereby repealed in its entirety, and a new Chapter 9, Article 8 entitled Grading and Excavation is hereby added to read as follows: 8900 GRADING AND EXCAVATION m 8901 PURPOSE The purpose of this Chapter is to protect the public heal th, safety and general welfare by minimizing the adverse effects of grading, cut and fill operations, water runoff and soil erosion. 8902 SCOPE This Chapter sets forth rules and regulations to control excavation, grading and earthwork construction, including fills- and embankments, establishes administrative procedures for issuance of permits, maintenance of property and provides for approval of plans and inspection of grading construction. 8903 COMPLIANCE, WITH CHAPTER ii No person shall commence grading .upon any lot, parcel or tract of land without complying with the applicable provisions of this Chapter and all other regulations of the City related to grading. Grading within any special Flood Hazard Area shall also comply with Chapter 8 of Article 9, 9800 et. seq. of the Tustin City Code. 8904 GRADING MANUAL A. The Community Development Department shall formulate such rules; procedures, definitions and interpretations as may be necessary or convenient to administer this Chapter. Such rules, procedures, definitions and interpretations shall'be referred to as the Tustin Grading Manual. The Manual and any subsequent Ordinance No. Page two · revisions shall be approved by resolution of the~City Council. B, In the event Of any conflict between this Chapter and the Grading Manual, the provisions of this Chapter shall govern. The provisions of the Grading Manual, to the extent that they ar-e made conditions of any permit by the City, shall be binding on the permi tree. 8905 PERMITS REQUIRED Ae No person shall do any grading without first having obtained a grading permit from the City except for the following: {1) An excavation below finished grade for basements and footings of a building, manufactured home or structure, retaining wall, swimming pool or other structure authorized by a valid building permit. This statement shall not exempt from permit requirements any fill made wi th the material from such excavation nor exempt any excavation having an unsupported depth greater than five feet after the completion of the structure. In these-situations, the Building Official may require .a soil or geol.ogy report for foundation design and inspect said fill or excavation when in the opinion of the Building Official potential 'hazard consi derati ons Warrant such i nformati on; (2) Cemetery graves; (3) Refuse disposal sites controlled by other regulations; (4) 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 pressure upon any adjacent or contiguous property or contribute sediment to adjacent properties. Such operations shall be subject to all requirements contained in Section 9815 of this Chapter. (5) Exploratory excavations under the direction of soil engineers or engineering geologists. (6) Ear'thwork construction under the control of the federal, State, County, or any local agency as defined by Government Code sections 53090 through 53095 including special districts; pipeline or conduit excavation and backfill conducted by local agencies or public utilities as defined in subsection (7) herein. Earthwork construction performed Ordinance No. Page three by railway companies on their operating property; provided, however, that this exemption shall only apply when the work solely takes place on the property or dedicated rights-of-way or easements of the above agencies. Any work done in a public right-of-way dedicated to the City shall be regulated by the City's Public Works Department; (7) Excavation and backfill for installation and repair of underground utilities by public utilities or companies operating under the authority of a City franchise or public property encroachment permit issued by the City; (8) An excavation which does not exceed fifty (50) cubic yards on any one site and which (1) is less than two (2) feet in vertical depth, .or {2) which does not create a cut slope greater than five {5) feet in vertical height; {9) A fill less than three (3) feet in depth placed on natural grade with a slope flatter than five {5) horizontal to one (1) vertical (5:1), which does not exceed fifty (50) cubic yards on any one site and does not obstruct a drainage course; (10) A fill less than three (3) feet in depth, ~ot intended to support structures or mobilehomes, which does not exceed fifty {50) cubic yards on any one site and does not obstruct a drainage course; (11) Emergency work. as authorized by the City necessary to protect life, limb or property or to maintain the safety, use or stability of a public right-of-way or drainage way; (12) Filling of soil for agricultural and horticultural purposes; (13) Resurfacing or maintenance of paved surfaces. Bo A grading permit in hillside areas as defined in Section 8914 of this Chapter shall not be issued until approval of a Hillside Review Application. C. Grading permit, paving - No person shall construct pavement surfacing in excess of three thousand {3,000) square feet on natural or existing grade for the purpose of a private road or commercial, industrial or multi-residential parking lot or access driveway without a valid grading permit unless waived in writing by the Building Official. Ordi nance No. Page four De Grading permit, watercourse alteration - No person shall alter an existing watercourse or channel by excavating, or placing, fill, rock protection or structural improvements without a valid grading permit unless waived by the Building Official or performed as interim protection under emergency flood fighting condi ti ons. 8906 EXCAVATION BLASTING No person shall possess, store, sell, transport or use explosives or blasting agents to do any excavation within the City of Tustin. 8907 TYPES OF GRADING PERMITS / RELATION TO BUILDING PERMITS A. Either a rough grading permit or a precise grading permit may be issued for grading work upon completion of an application in accordance wi th the Grading Manual and approval by the Building Official. The selection of either a rough or precise grading permit is at option of the permittee provided that the plans satisfy the requirements of the Grading Manual. Be 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 the Grading Manual, site inspection by the Building Official or his designated representati ye. Ce Butlding permits shall not be issued for a site graded under a rough grading permit until an approved precise grading permit has been issued and the provisions of subsection {B) of this section have been satisfied. 8908 APPLICATION FOR PERMIT A. To obtain a grading permit, the applicant must first file an application in writing on a form furnished, by the Community Development Department. The permit application shall be accompanied by such information, plans and specifications, and reports as required by the Building Official and as specified in the Tustin Grading Manual. A separate permit sha-ll be required for each site and may cover both excavations and fill. B. Expiration of Plan Review - Applications for which no permit is issued within one hundred ei'ghty (I80) days following the date of application shall expire by limitation and become null and void where building permits have not been obtained by the applicant and where the City identified all necessary corrections/information for permit issuance and was not responsible for the delay. Ordinance No. Page fi ve Plans submitted for checking may thereafter be returned to the applicant or disPosed of by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding.one hundred eighty (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. 8909 PERMIT ISSUANCE A~ The permit application and accompanying information as required by the Grading Manual and by the Building Official filed by an applicant for a grading permit shall be reviewed by the Building Official or his designated representative. Such plans may be reviewed by other departments of the City to verify compliance with any applicable City requirements, laws or ordinances. If the Building Official finds that the work described in the application for a permit and submitted plans, specifications and other data filed conform to the requirements of this chapter and other pertinent laws, ordinances, City requirements, and the Grading Manual and that the required fees have been paid, a permit shall be issued. B · In issuing any permits under this ~Chapter, the Building Official may attach any conditions as may be reasonable and necessary to protect the public welfare. This includes but ~s not limited to conditions to prevent danger to public or private property, hazards to life or property, to minimize adverse effects on the environment and conditions such as bonding to ensure proper clean-up of operations. Ce When the Building Official issues a permit, plans and specifications will be endorsed in writing or stamped "APPROVED" by the Building Official or hi s designated representative. Such approved plans and specifications shall not be changed, modified or altered without authorization from the Building Official, and all work shall be done in accordance with the approved plans. De The issuance of a permit based upon plans, specification and other data shall not prevent the Building Official from thereafter requiring the correction of errors in said plans, specifications and other data. E. The issuance of a grading permit shall consitute an authorization to do only that work which is described or illustrated on the application for the permit, or on the grading plans and specifications approved by the Building Official. Ordinance No. Page si x Permits issued under the provisions of this section shall not relieve the applicant and/or owner of the responsibility for securing'other permits or licenses that may be required 'from other departments or divisions of the City or other government entities. G. The issuance of a permit shall not prevent the Building Official from-thereafter halting grading operations being carried on in violation of this Chapter or of any other laws or City Ordinances. H. One set of approved plans and specifications shall be returned to the applicant and shall be kept on the site of the work at all times during the progress of grading work. One set of approved plans, specifications and computations shall be retained by the Building Official until final approval of the work. 8910 DENIAL OF PERMIT Whenever in th'e determination of the Building Official the proposed work would' create a hazard to human life or endanger property, or any public sewer, storm drain, watercourse, street, street improvement or any other public property, the appl'ication shall be denied unless in the opinion of the Building Official the danger or hazard can be eliminated by specified methods. The Building Official may grant the permit upon condition that the specified protection and precautionary work be done to the Building Official's satisfaction, or upon condition that a specified method of performing the work be used or a bond be posted as deemed appropriate by the Building Official. The Building Official may require plans and specifications to be modified in order to mitigate anticipated adverse environmental effects of proposed grading projects. The Building Official may; under circumstances where the significant adverse environmental effects of a proposed grading project cannot be mitigated, deny the issuance of a grading permit. 8911 EXPIRATION AND RENEWAL .A. Every permit issued shall expire by limitation and become null and void if the work authorized by such permit is not commenced within one-hundred eighty (180) days from the date of such permit, if the work authorized by such permit is suspended or abandoned at any time after the Work is commenced for a period of one-huNdred eighty (180) days, or if the work is not completed .within one year from the date of the permil~ or as otherwise indicated on the permit or in the improvement agreement. B. After expiration of a permit and prior to work commencing, a new. permit shall first be obtained and the fee thereof shall be Ordinance No. Page seven Ce De one-half the-amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specification for such work; and provided further that such suspension or abandonment has not exceeded one year. Any permittee holding an unexpired permit may apply for an extension of the time within which he may commence work under that permit when he is unable to commence work within the time required by. this section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding two successive periods of 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. 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 limitations of {A) and (B) of this section are not applicable and if no changes have been made to the plans and specifications, 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 City, the provisions in · subsection (B) shall apply. E. Subject to the provisions of Section 8910, the Building Official may require that grading operations and project designs be modified if delays occur from weather-related problems not considered at the time the permit was issued. 8912 SUSPENSION OR REVOCATION A® Whenever any work is being done in violation of this Chapter, of any law or City Ordinance, the Building Official may order the work stopped by notice in writing served upon the person to whom the permit was issued, agent or employee engaged in doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the Building Official to proceed with the work. The notice shall contain a brief statement of the grounds for the stop work order. Notice may be given either by personal delivery or by first class mail. The permittee may file an appeal of the order in the manner prescribed in Section 8913. All work shall be stopped while the appeal is pending. Ordinance No. Page eight B · The Building.Official may, in writing, immediately revoke a permit whenever the permit was issued in error or on 'the basis of incorrect information supplied, or was issued in violation of any City ordinance or any of the provisions of this Chapter. C · Any gradi'ng permit may also be revoked or suspended by the Building Official after written notice and hearing for: Violation of any condition of the permit; Violation of any provision of this Chapter or any applicable law or ordinance relating to the work. The existence of any condition related to grading which adversely affects the public heal th, welfare or safety or which is injurious to property or improvements. Written notice shall be served upon the person to whom the permit was issued, agent or employee engaged in the work. Such notice shall contain a brief statement of the grounds for .revoking or suspending the permit and shall specify a hearing date no sooner than ten {10) days after date of the notice. Notice may be given either by personal deli'very or by first class mail. The permittee may file an appeal of the decision _of the Building Official in the manner prescribed in Section 8913. All work shall be stopped while the hearing and appeal is pending. 8913 APPEALS iii Any applicant for a permit, permittee or other person aggrieved by any decision to deny'or grant a grading permit, issue a Stop Work Order and by decisions to revoke or suspend a grading permit may appeal said action to the Board of Appeals by filing wi th the Community Development Department a written notice thereof within seven {7) days from the date of mailing or receipt of notice of such action by the City, whichever first occurs. The aggrieved person shall be given a hearing before' the Board of Appeals, after which the Board of Appeals shall have discretion to grant or deny the appeal or modify the decision of the Building Official and the decision of the Board of Appeals shall be final. 8914 HILLSIDE REVIEW A· Purpose. The purpose of Hillside Review is to provide supplementary regulations to ensure that grading, e~cavation and development in hillside areas occurs in such a manner as to respect the natural and topographic character and identity of hillside areas as scenic resources and to protect the public health, safety and general welfare by ensuring that development does not create geologic hazards, isoil erosion, silting of lower slopes, slide damage or flooding problems. Ordinance No. Page ni ne · B. Appl i cabi 1 i ty .' (1') Hillside review provisions of this Chapter shall apply to: a. Ali~, areas located within the boundaries of l~.he Hillside District as shown in the East Tustin Specific Plan. be Outside the East Tustin Specific Plan, provisions to any development site where the average existing grade is 20% or greater, a site which entails cut and/or full grading of three {3) feet or more in vertical height below or above natural ground, or a combination of fill-over-cut slopes equal to or greater than five (5) feet in vertical height which may be altered or adversely affected by drainage or stability conditions within or from outside the site or which may cause an adverse effect on adjacent property. (2) Hillside Review shall be required prior to or concurrently with approval of a tentative map or prior to issuance of a grading permit or building permit for any. parcel of land located within a hillside area as defined in Subsection B of this section. (3) Hillside Review shall not be required for any of the fol 1 owl ng: ae Where a proposed building, improvement or portion thereof does not in any way alter the ground coverage of a developed site, an existing building or structure. bo Grading pursuant to a permit for excavation in public s tree ts. Ce Grading for a public improvement or public work for which inspection is provided by the City or ano.ther publ i c agency. d. Grading by a public utility or water company. e. Tilling of the soil for agricultural and horticultural purposes. f. Exemptions listed in Section 8905. C. Procedure (1) Applications. for Hillside Review shall be made on forms provided by the Community Development Department and shall contain detailed information as is determined by the Director of Community Development to be necessary in accordance wi th the Grading Manual. Ordinance No. Page ten .- (2) Prelimina..r¥ Review - The applicant is encouraged to submit a preliminary application and drawings to the Community Development Department for preliminary staff review to determine compliance with specific hillside objectives and guidelines contained in this section and in the Grading Manual and to identify specific site concerns and problems at the earliest possible stage, to help reduce the chance of problems causing delays later in the approval process, and to facilitate the coordination of issues and concerns of individual City departments. (3) Applications for Hillside Review shall comply with the California Environmental Quality Act (CEQA). (4) The Director of Community Development shall have the authority to approve, approve with conditions, deny or refer 'to the Planning Commission, Hillside Review applications determined to be minor in scope. Such projects include additions, landscaping projects, and minor grading for access, and various other projects determined to be similar by the Director of Community Development. In order to be considered minor, the project must: me Involve less than 200 cubic yards (sum of cut and fill); or Involve less than a five (5) foot deep cut; or Involve less than a five (5) foot high fill. (5) Any Hillside Review Application not considered minor shall be'referred to the Planning Commission which shall have the authority to approve, deny or conditionally approve the request. (6) Any applicant or aggrieved party may appeal any decision of the Director of Community 'Development to the Planning Commission and any decision of the Planning Commission to the City Council by filing a written request with the City within seven {7) days after the respective decision is made. (7) Approval shall become null and void unless a grading permit is issued within 24 months of the Hillside Review approval date or upon expiration of an approved tentative subdivision map, whichever occurs first. (8) In reviewing an application for Hillside Review, the Director of Community Development, Planning Commission or City Council, shall use gui delines for Hillside Grading Contained in the Grading Manual and shall insure the attainment of the'following objectives: Ordinance No. Page el even d· ee fe ge he i · Compliance with guidelines established in the September, 1976 Fire Protection Planning Task Force Report adopted by the Orange. County Board of Supervisors and entitled "Fire Hazard Background Report and Recommendations For The Reduction of Fire Hazard At The Natural Open Space/Urban Develoment Interface Orange County, Cali forni a". Provision of fire resistant roofing materials, Class A mi ni mum. Assurance that visual, drainage, and slope erosion impacts from any proposed parcelization resulting from slope conditions are within either the property owners management and control or the homeowner's association, whichever is applicable. Assurance that sites are planned in such a way so as to preserve or enhance important vistas and maintain the overall landform character of the land use area, particularly those seen from public places. Preservation of the open space values of the central. Peters Canyon ridge as identified in the East Tustin Specific Plan by excluding buildings and overhead utility lines from being developed on the top of the ridgeline and by careful siting of structures and landscaping adjacent to the ridgeline. Assurance that, where feasible, grading and siting reflects the natural topography of the land, drainage patterns and minimizes creation of excessively large leveled areas by grading. Assurance that grading on hillside areas should soften hard edges left by cut and fill operations. Wh~ere an adverse visual' impact may occur, rounded finished contours are required. Assurance that grading slopes (cut or fill), including roadsides, will undergo permanent revegetation in a timely manner to minimize chance of erosion and si 1 tati on. Adequate .provision for drainage and erosion control made to avoid any damage to existing landform. Provision and approval of an independent engineering study concerning the potential impact of slope instability, liquefaction, landslide and seismic Ordinance No. Page twelve k · potential for proposed development within a Geologic Hazard Special Study IZone. The natural profile and landform character of the Knoll identified in the East Tustin Specific Plan is maintained. · Assurance that roadway alignment and grading impacts in hi-llside areas are minimized and hillside roadways are designed consistent with guidelines contained in the Grading Manual. me Assurance that slope gradients will vary when adjacent to roadways to create open areas to be planted, thus softening the appearance of man-made slopes. ne Preparation and recordation of a declaration of covenants, conditions and restrictions provided for the development and maintenance of slopes and drainage devices shall be a condition of approval on tentative subdivision maps. Every permit shall also be conditioned upon the applicant and/or owner's warranty of all slopes through applicants and/or owner implementation of a slope warranty program subject to approval and review by the City Attorney and Planning Commission. 8915 HAZARDS A. Whenever the Building Official determines that any exislting excavation or embankment or fill on private property has become a hazard to life or 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 the property, upon receipt of Written notice from the City, 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 thi~ Chapter. The provisions of this Chapter shall not be construed to authorize any person to maintain a private or public nuisance upon their property, and compliance with the terms of this section shall not be a defense in any action to abate such nuisance. Ordinance No. Page thirteen 8916 DEPOSITS OF EARTH, ROCK OR EXCAVATED MATERIALS Ae No person shall dump, move.or place any earth, sand, gravel, rock, stone or other excavated material or debris so as to cause the same to be deposited upon or unreasonably roll, blow, flow, or wash upon or over the premises of another without the express written consent of the owner of such premises so affected, or upon or over any public place or way. B. When loading or transporting any earth, sand, ground, rock, stone or other excavated material or debris, such material shall be prevented from blowing or spilling onto public right-of-way or adjacent private property. The permittee shall be responsible for maintaining public rights-of-way used for handling purposes in a condition reasonably .free of dust, earth, or debris attributed to the grading operation. C · If due to a violation of subsection A or B of this section, any earth, sand, ground, rock, stone or other excavated material is caused to be deposited upon or to roll, blow or wash upon any public right-of-way, public property or private property, the person responsible shall cause such material to be removed. D. Appropriate security~as determined by the Building Official or Public Works Director may be required to guarantee maintenance and repair of city streets damaged during grading and moving of import and export materials. 8917 FEES AND BONDS A· Prior to accepting a grading permit application and plans and specifications for plan checking, the Building Official shall collect a pl.an checking fee as approved by resolution of the City Council. B. A permit fee for each grading permit shall be paid to the Building Official prior to issuance of a grading permit with such fee esl~ablished by resolution of the City Council. C. The Building Official may require bonds or other security in such forms and amounts deemed necessary to assure that the work, if not completed in accordance with approved plans and specifications, w.ill be corrected to eliminate hazardous conditions or to guarantee maintenance and repair of City streets pursuant to Section 8916 D. The Grading Manual should be referred to for bonding procedures and requirements. Ordinance No. Page fourte6n 8918 CUT AND FILLS A. Cut slopes shall be no steeper than two (2) horizontal to one (1) vertical {2:1) unless the owner furnishes a soils engineering or an engineering geology report, or both as required by the Building Official stating that the site has been investigated and giving the opinion that a cut at a steeper slope will be stable and .not create a hazard to public or private property. Al. 1 cuts shall conform to the. Grading Manual. B. Unless otherwise recommended by a soils engineering report approved by the Building Official, fills shall conform to provisions contained in the Grading Manual. Fill slopes shall also be no steeper than two (2) horizontal to one (1) vertical (2:1). 8919 SETBACKS Ae Cut and fill slopJs shall be setback from site boundaries in accordance with the Grading Manual. B. 'The~ setbacks and other restrictions specif.ied by provisions of the Grading Manual are minimum and may be increased by the Building Official if necessary, for safety and stability or to prevent damage to structures or adjacent properties from sediment deposition, erosion, water runoff of the slopes or to provide access for slope and drainage structure maintenance. 8920 DRAINAGE & TERRACING i ii Drainage and terracing shall conform to the provisions of the Grading Manual unless otherwise approved by the Building Official on the approved grading plan. 8921 ASPHALT/CONCRETE PAVEMENT A. Asphalt or concrete pavement for s~rfacing of parking lots, private streets, or other similar uses shall conform to the Grading Manual or Minimum Design Standards and Construction Standards unless otherwise approved by the Building Official. B. The Building Official or inspector may request that a site soil engineer or special inspector inspect construction of asphalt or concrete paved areas and verify to the Building Official that the work has been performed to compliance with city standards. Ordinance No. Page fifteen 8922 EROSION CONTROL A. The faces of cut and fill slopes and the~ project site shall be .prepared and maintained to control against erosion. This control may consist of effective planting. T~e protection for slopes shall be installed as soon as practical and prior to calling for final approval. It is recommended that drought resistant plant materials be utilized wherever possible and fire retardant plants in hillside areas. Where slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be omitted upon approval by the Building Official. Be Where necessary, permanent or temporary erosion devices such as desilting basins, check dams, cribbing, rip rap or other devices or methods shall be employed to control erosion and provide safety. · C · De No ,grading work in excess of two hundred (200) cubic yards will be allowed between October 15th and April 15th on any single grading site under permit unless an erosion control plan has been filed and approved or waived in writing by the Building Official. 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. 8923 GRADING INSPECTION & COMPLETION OF WORK A® Grading operations for which a permit is required shall be subject to inspection pursuant to provisions of the Grading Manual. B · Upon completion of rough or precise grading work, the Building Official may require written approvals, reports, drawings and supplements specified in the Grading Manual. 8924 LIABILITY FOR DAMAGES-DISCLAIMER The City, its offices or agents shall not be responsible for any condition or damages resulting from grading or excavation work whether or not a permit has been issued. Ordinance No. Page sixteen 8925 RESPONSIBILITY OF PERMITTEE It shall, be the responsibility of-the permittee to be knowledgeable about the provisions of this Chapter, conditions and/or restrictions of its. grading permit, the Grading Manual, the approved grading plans and the approved soil and geology reports. Section 3: Severability of parts of this Ordinance and the adopted codes. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance and the adopted Codes are severable, and if any phrase, clause, sentence, paragraph or Section of this Code shall be declared unconstitutional by the valid judgment or decree or court of competent jurisdiction, such unconstitutionally shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this O~dinance and the adopted Codes. The City Clerk shall certify to the passage and adoption of this Ordinance by the City Council of the City of Tustin and shall, within fifteen {15) days after its final passage, cause the same to. be published once in the Tustin News, a newspaper of general circulation which is hereby designated for that purpose, and this Ordinance shall take effect thirty {30) days after its passage. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, held on the day of- I , 198..... URSULA E. KENNEDY, Mayor MARY WYNN, City C1 erk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, PENNI FOLEY· the-undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No..~~~ was duly passed Qj~d'adopted at .a..-cegular meeting of, · ~TY~x~'day of " '~ - . . ~. ~_/. the Tj~s~ tin Planning CommiSs'ion held on the -... ...... ,~,, PENNI FOLEY Recording Secretary -- 1 3 4 6 7 9 10 11 13 14 15 16 17 19 23 ~4 25 ~6 ~7 ~8 ORDINANCE NO. 1018 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, AMENDING SPECIFIED' SECTIONS OF ARTICLE 8 OF THE TUSTIN CITY CODE TO ADOPT PROVISIONS RELATING TO GRADING AND EXCAVATION The City Council of the City of Tustin does ordain as follows: Section 1: Section 8103 of Chapter-1, Article 8 of the Tustin City Code is amended by adding subsection L. to read as follows: L. _Chapter 70 is hereby deleted in its entirety. Section 2: Chapter 9 of Article 8 of the Tustin City Code is hereby repealed in its entirety, and a new Chapter 9, Article 8 entitled Grading and Excavation is hereby added to read as follows: 8900 GRADING AND EXCAVATION 8901 PURPOSE The purpose of this Chapter is to protect the public health, safety and general welfare by minimizing the adverse effects of grading, cut and fill operations, water runoff and soil erosion. 8902 SCOPE This Chapter sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments, establishes administrative procedures for issuance of permits, maintenance of property and provides for approval of plans and inspection of grading construction. 8903 COMPLIANCE WITH CHAPTER No person shall commence grading upon any lot, parcel or tract of land without comPlying with the applicable provisions of this Chapter and all osher regulations of the City related to grading. Grading within any special Flood Hazard Area shall also comply with Chapter 8 o'f Article 9, 9800 et. seq. of the Tustin City Code. 8904 GRADING MANUAL A. The Community Development Department shall formulate such rules, procedures, definitions and interpretations as may be necessary or convenient to administer this Chapter. Such rules, procedures, definitions and interpretations shall be referred to as the Tustin Grading Manual. The Manual and any subsequent 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 Ordinance No. 1018 Page two revisions shall be approved by resolution of the City Council. B · In the event of any conflict between this. Chapter and the Grading Manual, the provisions of this Chapter shall govern. The provisions of the Grading Manual, to the extent that they are made conditions of any permit by the City, shall be binding on the permittee. 8905 PERMITS REQUIRED A. No person shall do any grading without first having obtained a grading permit from the City except for the following: {1) An excavation below finished grade for basements and footings of a building, manufactured home or structure, retaining wall, swimming pool or other structure authorized by a valid building permit. This statement shall not exempt from permit requirements any fill made with the material from such excavation nor exempt any excavation having an unsupported depth greater than five feet after the completion of the structure. In these situations, the Building Official may require a soil or geology report for foundation design and inspect said fill or excavation when in the opinion of the Building Official potential hazard considerations warrant such information; (2) Cemetery graves; (3) Refuse disposal sites controlled by other regulations; (4) 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 pressure upon any adjacent or contiguous property or contribute sediment to adjacent properties. Such operations shall be subject to all requirements contained in Section 9815 of this Chapter. (5) Exploratory excavations under the direction of soil engineers or engineering geologists. (6) Earthwork construction under the control of the federal, State, County, or any local agency as defined by Government Code sections 53090 through 53095 including special districts; 'pipeline or conduit excavation and backfill conducted by local agencies or public utilities as defined in subsection {7) herein. Earthwork construction performed 1 3 4 6 7 8 9 10 11 13 14 15 16 17 18 19 20 23 24 25 26 ~7 Ordinance No. 1018 Page three by railway companies on their operating property; provided, however, that this exemption shall only apply when the work solely takes pl ace on the property or dedi cared rights-of-way or easements of the above agencies. Any work done in a public right-of-way dedicated to the City shall be regulated by the City's Public Works Department; (7) Excavation and backfill for installation and repair of underground utilities by public utilities or companies operating under the authority of a City franchise or public property encroachment permit issued by the City; (8) An excavation which does not exceed fifty (50) cubic yards on any one site and which (1) is less than two (2) feet in vertical depth, or (2) which does not create a cut slope greater than five (5) feet in vertical height; (9) A fill less than three (3) feet in .depth placed on natural grade with a slope flatter than five (5) horizontal to one (1) vertical (-5:1), which does not exceed fifty (50) cubic yards on any one site and does not obstruct a drainage course; (10) A fill less than three (3) feet in depth, not intended to support structures or mobilehomes, which does not exceed fifty' (50) cubic yards on any one site and does not obstruct a drainage course; (11) Emergency work as authorized by the City necessary to protect life, limb or property or to maintain the safety, use or stability of a public right-of-way or drainage way; (12) Filling of soil for agricultural and horticultural purposes; (13) Resurfacing or maintenance of paved surfaces. Be A grading permit in hillside areas as defined in Section 8914 of this Chapter shall not be issued until approval of a Hillsid~ Review Appl i cati on. C. Grading permit, paving - No person shall construct pavement surfacing in excess of three thousand {3,000) square feet on natural or existing grade for the purpose of a private road or commercial, industrial or multi-residential parking lot or access driveway without a valid grading permit unless waived in writing by the Building Official. 1 3 4 6 7 8 9 10 11 13 14 15 16 17 18 19 20 ~3 ~4 ~5 ~6 ~7 28 Ordinance No. 1018 Page four D~ Grading permit, watercourse alteration - No person shall alter an existing watercourse or channel by excavating, or placing fill, rock protection or structural improvements without a valid grading permit unless waived by the Building Official or performed as interim protection under emergency flood fight'ing condi ti ons. 8906 EXCAVATION BLASTING No person shall possess, store, sell, transport or use explosives or blasting agents to do any excavation within the City of Tustin. 8907 TYPES OF GRADING PERMITS / RELATION TO BUILDING PERMITS A. Either a rough grading permit.or a precise grading permit may be issued for grading work upon completion of an application in 'accordance wi th the Grading Manual and approval by the Building Official. The selection of either a rough or precise grading permit is at option of the permittee provided that the plans satisfy the requirements of the Grading Manual. Be 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 the Grading Manual, site inspection by the Building Official or his designated representative. C ~ Building permits shall not be issued for a site graded under a rough grading permit until an approved precise grading permit has been issued and the provisions of subsection (B) of this section have been satisfied. 8908 APPLICATION FOR PERMIT A. To obtain a grading permit, the applicant must first file an application in writing on a form furnished by the Community Development Department. The permit application shall be accompanied by such information, plans and specifications, and reports as required by the Building Official and as specified in the Tustin Grading Manual. A separate permit shall be required for each site and may cover both excavations and fill. Expiration of Plan Review - Applications for which no permit is issued within one hundred eighty (180) days following the date of application shall expire by limitation and become null and void where building permits have not been obtained by the applicant and where the City i denti fled al 1 necessary corrections/information for permit issuance and was not responsible for the delay. 1 3 4 5 6 7 8 9 10 11 12 13 14 17 19 2O 21 22 23 24 25 26 27 28 Ordinance No. 1018 Page fi ve .. Plans' submitted .for checking may thereafter be returned to the applicant or disposed of by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding one hundred eighty (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. 8909 PERMIT ISSUANCE A. The permit application and accompanying information as required by the Grading Manual and by the Building Official filed by an applicant for a grading permit shall be reviewed by the Building Official or his designated representative. Such plans may be reviewed by other departments of the City to verify compliance with any applicable City requirements, laws or ordinances. If the Building Official finds that the work described in the application for a permit and submitted plans, specifications and other data filed conform to the requirements of this chapter and other pertinent laws, ordinances, City requirements, and the Grading Manual and that the required fees have been paid, a permit shall be issued. Be In issuing any permits under this Chapter, the Building Official may attach any conditions as may be reasonable and necessary to protect the public welfare. This includes but is not limited to conditions to prevent danger to public or private property, hazards to life or property, to minimize adverse effects on the environment and conditions such as bonding to ensure proper clean-up of operations. Ce When the Building Official issues a permit, plans and specifications will be endorsed in writing or stamped "APPROVED" by the Building Official or his designated representative. Such approved plans and specifications shall not be changed, modified or altered without authorization from the Building Official, and all work shall be done in accordance with the approved plans. De The issuance of a permit based upon plans, specification and other data shall not prevent the Building Official from thereafter requiring the correction of errors in said plans, specifications and other data. E. The issuance of a grading permit shall consitute an authorization to do only that work which is described or illustrated on the application for the permit, or on the grading plans and specifications approved by the Building Official. 1 Ordinance No. 1018 Page si x Fe Permits issued under the provisions of this section shall not relieve the applicant and/or owner of the responsibility for securing other permits or licenses that may be required from other departments or divisions of the City or other government entities. 8 9 10 11 13 14 15 lG 17 18 19 20 23 24 25 26 ~7 Ge The issuance of a permit shall not prevent the Building Official from thereafter halting grading operations being carried on in violation of this Chapter or of any other laws or City Ordinances. H. One set of approved plans and specifications shall be returned to the applicant and shall be kept on the site-of the work at all times during the progress of grading work. One set of approved plans, specifications and computations shall be retained by the Building Official until final approval of the work. 8910 DENIAL OF PERMIT Whenever in the determination of the Building Official the proposed work would create a hazard to human life or endanger property, or any public sewer, storm drain, watercourse, street, street improvement or any other public property, the application shall be denied unless in the opinion of the Building Official the danger or hazard can be eliminated by specified methods. The Building Official may grant the permit upon condition that the specified protection and precautionary work be done to the Building Official's satisfaction, or upon condition that a specified method of performing the work be used or a bond be posted as deemed appropriate by the Building Official. The Building Official may require plans and specifications to be modified in order to mi ti gate anticipated adverse environmental effects of proposed grading projects. The Building Official may, under circumstances where the significant adverse environmental effects of a proposed grading project cannot be mitigated, deny the issuance of a grading permit. 8911 EXPIRATION AND RENEWAL A. Every permit issued shall expire by limitation and become null and void if the work authorized by such permit is not commenced within one-hundred eighty (180) days from the date of such permit, if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one-hundred eighty (180) days, or if the work is not completed within one year from the date of the permit or as otherwise indicated on the permit or in the improvement agreement. Be After expiration of a permit and prior to work commencing, a new permit shall first be obtained and the fee thereof shall be 1 2 3 4 5 6 ? 8 9 10 1'2 ~3 14 15 17 19 21 23 2~ 25 26 27 28 Ordinance No. 1018 Page seven one-half the amount required fo'r a new permit for such work, provided no changes have been made or will be made in the original plans and specification for such work; and provided further that such suspension or abandonment has not exceeded one year. Ce Any permittee holding an unexpired permit may apply for an extension of the time within which he may commence work under that permit when he is unable to commence work within the time required by this section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding two successive periods of 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. De 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 limitations of (A) and (B) of this section are not applicable and if no changes have been made to the plans and specifications, 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 City, the. provisions in subsection (B) shall apply. E. Subject to the provisions of Section 8910, the Building Official may require that grading operations and project designs be modified if delays occur from weather-related problems not considered at the time the permit was issued. 8912 SUSPENSION OR REVOCATION A. $~henever any work is being done in violation of this Chapter,. of any law or City Ordinance, the Building Official may order the work stopped by notice in writing served upon the person to whom the permit was issued, agent or employee engaged in doing or causing such work to be done, and any such person s.hall forthwith stop such work until authorized by the Building Official to proceed with the work. The notice shall contain a brief statement of the grounds for the stop work order. Notice may be gi.ven either by personal delivery or by first class mail. The permittee may file an appeal of the order in the manner prescribed in Section 8913. All work shall be stopped while the appeal is pendi rig. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 · Ordinance No. 1018 Page eight B · The Building Official may, in writing, immediately revoke a permit whenever the permit was issued in error or on the basis of incorrect information supplied, or was issued in vi'olation of any City ordinance or any of the provisions of this Chapter. C · Any grading permit may also be revoked or suspended by the Building Official after written notice and hearing for: 1. Violation of any condition of the permit; 2. Violation of any provision of this Chapter or any applicable law or-ordinance relating to the work. 3. The existence of any condition related to grading which adversely affects the public health, welfare or safety or which is injurious to property or improvements. Written notice shall be served upon the person to whom the permit was issued, agent or employee engaged in the work. Such notice shall contain a brief statement of the grounds for revoking or suspending the permit and shall specify a hearing date no sooner than ten (10) days after date of the notice. Notice may be given either by personal delivery or by first class mail. The permittee may file an appeal of the decision of the Building Official in the manner prescribed in Section 8913. All work shall be stopped while the hearing and appeal is pending. 8913 APPEALS Any applicant for a permit, permittee or other person aggrieved by any decision to deny or grant a grading permit, issue a Stop Work Order and by decisions to revoke or suspend a grading permit may appeal said action to the Board of Appeals by filing wi th the Community Development Department a written notice thereof within seven (7) days from the date of mailing or receipt of notice of such action by the City, whichever first occurs. The aggrieved person shall be given a hearing before the Board of Appeals, after which the Board of Appeals shall have discretion to grant or deny the appeal or modify the decision of the' Building Official and the decision of the Board of Appeals shall be final. 8914 HILLSIDE REVIEW A. Purpose. The purpose of Hillside Review is to provide supplementar, y regulations to ensure that grading, excavation and development in hillside areas occurs in such a manner as to respect the natural and topographic character and identity of hillside areas as scenic resources and to protect the public health, safety and general 'welfare by ensuring that development does not create geologic hazards, soil erosion, silting of lower slopes, slide damage or flooding problems. 1 2 3 4 5 6 8 9 10 II 12 13 14 15 17 18 19 2O 21 22 23 24 25 26 27 28 Ordinance No. 1018 Page ni ne B. _A_ppl i cabi 1 i ry. (1) Hillside review provisions of this Chapter shall apply to' a. All areas located within the boundaries of the Hillside District as shown in the East Tustin Specific Plan. b. Outside the East Tustin Specific Plan, provisions to any development site where the average existing grade is 20% or greater, a site which entails cut and/or full grading of three {3) feet or more in vertical height below or above natural ground, or a combination of fill-over-cut slopes equal to or greater than five (5) feet in vertical height which may be altered or adversely affected by drainage or stability conditions within or from outside the site or which may cause an , adverse effect on adjacent property. (2) Hillside Review shall be required prior to or concurrently with approval of a tentative map or prior to issuance of a grading permit or building permit for any parcel of land located within a hillside area as defined in Subsection B of this section. {3) Hillside Review shall not be required for any of the fol 1 owl ng' Where a proposed 'building, improvement or portion thereof does not in any way alter the ground coverage of a developed site, an existing building or structure. b. Grading pursuant to a permit for excavation in public s tree ts. Ce Grading for a public improvement or public work for which inspection is provided by the City or another public agency. d. Grading by a public utility or water company. e. Tilling of the soil for agricultural and horticultural purposes. f. Exemptions listed in Section 8905. C. Procedure (1) Applications for Hillside Review shall be made on forms provided by the Community Development Department and shall contain detailed information as is determined by the Director of Community Development to be necessary in accordance with the Grading Manual. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 23 24 25 26 27 28 Ordinance No. 1018 Page ten (2) Pre!liminary Review - The applicant is encouraged to submit a preliminary ap~iication and drawings to t'he Community Development Department for preliminary staff review to determine compliance with specific hillside objectives and gui delines contained in this section and in the'Grading Manual and to identify specific site concerns and problems at the earliest possible stage, to help reduce the chance of problems causing delays later in the approval process, and to facilitate the coordination of issues and concerns of individual City departments. (3) Applications for Hillside Review shall comply with the California Environmental Quality Act (CEQA). (4) The Director of Community Development shall have the authority to approve, approve wi th conditions, deny or refer to the Planning Commission, Hillside Review applications determined to be minor in scope. Such projects include additions, landscaping projects, and mi nor grading for access, and various other projects determined to be similar by the Director of Community Development. In order to be considered minor, the project must: a · be Involve less than 200 cubic yards {sum of cut and fill); or Involve less than a five (5) foot deep cut; or Involve less than a five {5) foot high fill. (5) Any Hillside Review Application not considered minor shall be referred to the Planning Commission which shall have the authority to approve, deny or conditionally approve the request. (6) Any applicant or aggrieved party may appeal any decision of the Director of Community Development to the Planning Commission and any decision of the Planning Commission to the City Council by filing a written request wi th the City within seven {7) days after the respective decision is made. (7) Approval shall become null and void unless a grading permit is issued within 24 months of the Hillside Review approval date or upon expiration of an approved tentative subdivision map, whichever occurs first. (8) In reviewing an application for Hillside Review, the Director of Community Development, Planning Commission or City Council, shall use' guidelines for Hillside Grading contained in the Grading Manual and shall insure the attainment of the following objectives: 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Ordinance No. 1018 Page eleven a. Compliance with guidelines established in the September,- 1976 Fire Protection Planning Task Force Report adopted by the Orange County Board of Supervisors and entitled "Fire Hazard Background Report and Recommendations 'For The Reduction of Fire Hazard At The Natural Open Space/Urban Develoment Interface Orange County, Cali forni a". b. Provision of fire resistant roofing materials, Class A mi nimum. c. Assurance that visual, drainage, and slope erosion impacts from any proposed parcelization resulting from slope conditions are within either the property owners management and control or the homeowner's association, whichever is applicable. de eo Assurance that sites are planned in such a way so as to preserve or enhance important vistas and maintain the overall landform character of the land use area, particularly those seen from public places. Preservation of the open space values Of the central Peters Canyon ridge as identified in the East Tustin Specific Plan by excluding buildings and overhead utility lines from being developed on the top of the ridgeline and by careful siting of structures and landscaping adjacent to the ridgeline. f. Assurance that, where feasible, grading and siting reflects the natural topography of the land, drainage patterns and minimizes creation of excessively large leveled areas by grading. g. Assurance that grading on hillside areas should soften hard edges left by cut and fill operations. Where an adverse visual impact may occur, rounded finished contours are required. h. Assurance that grading slopes (cut or fill), including roadsides, will undergo permanent revegetation in a timely manner to minimize chance of erosion and siltation. i. Adequate provision for drainage and erosion control made to avoid any damage to existing landform. ProVision and approval of an independent engineering study concerning the potenti al impact of sl ope instability, liquefaction, landslide and seismic 6 8 9 10 11 12 13 14 15 1(; 17 18 19 21 22 23 24 28 Ordinance No. 1018 Page twelve potential for proposed development within a Geologic Hazard Special Study Zone. k. The natural profile and landform character of the Knoll identified in the East Tustin Specific Plan is maintained. 1. Assurance that roadway alignment and grading impacts in hillside areas are minimized and hillside roadways are designed consistent with guidelines contained in the Grading Manual. m. Assurance that slope gradients will vary when adjacent to roadways to create open areas to be planted, thus softening the appearance of man-made slopes. n. Preparation and recordation of a declaration of covenants, conditions and restrictions provided for the development and maintenance of slopes and drainage devices shall be a condition of approval on tentative subdivision maps. Every permit shall also be conditioned upon the applicant and/or owner's warranty of all slopes through applicants and/or owner implementation of a Slope 'warranty program subject to approval and review by the City Attorney and Planning Commission. 8915 HAZARDS A. Whenever the Building Official determi'nes that any existing excavation or embankment or fill on private property has become a hazard to life or 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 the property, upon receipt of written notice from the City, 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 Chapter. The provisions of this Chapter shall not be construed to authorize any person to maintain a private or public nuisance upon their property, and compliance with the terms of this section shall not be a defense, in any action to abate such nuisance. .1 3 4 6 7 9 10 11 13 14 15 16 17 18 19 20 23 24 25 ~6 ~7 ~8 Ordinance No. 1018 Page thirteen 8916 DEPOSITS OF EARTH, ROCK OR EXCAVATED MATERIALS A, No person shall dump, move or place any earth, sand, gravel, rock, stone or other excavated material or debris so as to cause the same to be deposited upon or unreasonably roll, blow, flow, or wash upon or over the premises of another without the express written consent of the owner of such premises so affected, or upon or over any public place or way. B. When loading or transporting any earth, sand, ground, rock, stone or other excavated material or debris, such material shall be prevented from blowing or spilling 'onto public right-of-way or adjacent private property. The permittee shall be responsible for maintaining public rights-of-way used for handling purposes in a condition reasonably free of dust, earth, or debris attributed to the grading operation. C · If due to a violation of subsection A or B of this section, any earth, sand, ground, rock, stone or other excavated material is caused to be deposited upon or to roll, blow or wash upon any public right-of-way, public property or private property, the person responsible shall cause such material to be removed. D. Appropriate security as determined by the Building Official or Public Works Director may be required to guarantee maintenance and repair of city streets damaged during grading and moving of import and export materials. 8917 FEES AND BONDS Ae Prior to accepting a grading permit application and plans and specifications for plan checking, the Building Official shall collect a plan checking fee .as approved by resolution of the City Council. B. A permit fee for each grading permit shall be paid to the Building Official prior to issuance of a grading permit with such fee established by resolution of the City Council. C. The Building Official may require bonds or other security in such forms and amounts deemed necessary to assure that the work, if not completed in accordance with approved plans and specifications, 'will be corrected to eliminate hazardous conditions or to guarantee maintenance and repair of City streets pursuant to Section 8916 D. The Grading Manual should be referred to for bonding procedures and requirements. 1 3 4 6 7 9 10 11 13 14 15 16 17 19 23 24 25 26 28 Ordinance No. 1018 Page fourteen 8918 CUT AND FILLS A. Cut slopes shall be no steeper than two (2) horizontal to one (1) vertical (2:1) unless the owner furnishes a soils engineering or an engineering geology report, or both as required by the Building Official stating that the site has been investigated and giving the opinion that a cut at a steeper slope will be stable and not create a hazard to'public or private property. All cuts shall conform to the Grading Manual. Be Unless otherwise recommended by a soils engineering report approved by the Building Official, fills shall conform to provisions contained in the Grading Manual. Fill slopes shall also be no steeper than two (2) horizontal to one (1) vertical (2:1). 8919 SETBACKS A, Cut and fill slopes shall be .setback from site boundaries in accordance with the Grading Manual. B. The setbacks and other restrictions specified by provisions of the Grading Manual are minimum and may be increased by the Building Official if necessary, for safety and stability or to prevent damage to structures or adjacent properties from sediment deposition, erosion, water runoff of the slopes or to provide access for slope and drainage structure maintenance. 8920 DRAINAGE & TERRACING Drainage and terracing shall conform to the provisions of the Grading Manual unless otherwise approved by the Building Official on the approved grading plan. 8921 ASPHALT/CONCRETE PAVEMENT A. Asphalt or concrete pavement for surfacing of parking lots, private streets, or other similar uses shall conform to the Grading Manual or Minimum Design Standards and Construction Standards unless otherwise approved by the Building Official. B. The Building Official or inspector may request that a site soil engineer or special inspector inspect construction of asphalt or concrete paved areas and verify to the Building Official that the work has been performed to compliance with city standards. 1 3 4 6 7 8 9 10 11 13 14 15 16 17 18 19 23 ~4 25 ~6 ~7 ~8 Ordinance No. 1018 Page fifteen 8922 EROSION CONTROL A. The faces of cut and fill slopes and the project site shall, be prepared and maintained to control against erosion. This control may consist of effective planting. The protection for slopes shall be installed as soon as practical and prior to calling for final approval. It is recommended that drought resistant plant materials be utilized wherever possible and fire retardant plants in hillside areas. Where slopes are not sUbject to erosion due to the erosion-resistant character of the materials, such protection may be omitted upon approval by the Building Official. B. Where necessary, permanent or temporary erosion devices such as desilting basins, check dams, cribbing, rip rap or other devices or methods shall be employed to control erosion and provide safety. C. No grading work in excess of two hundred (200) cubic yards will be allowed between October 15th and April 15th on any single grading site under permit unless an erosion control plan has been filed and approved or waived in writing by the Building Official. De 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. 8923 GRADING INSPECTION & COMPLETION OF WORK A. Grading operations for which a permit is required shall be subject to inspection pursuant to provisions of the Grading Manual. B. Upon completion of rough or precise grading work, the Building Official may require written approvals, reports, drawings and supplements specified in the Grading Manual. 8924 LIABILITY FOR DAMAGES-DISCLAIMER The City, its offices or agents shall not be responsible for any condition or damages resulting from grading or excavation work whether or not a permit has been issued. 1 3 4 6 7 8 9 10 11, 13 14 15 16 17 19 20 23 24 25 ~6 ~7 28 Ordinance No. 1018 Page sixteen 8925 RESPONSIBILITY OF PERMITTEE It shall be the responsibility of the permittee to be knowledgeable about the provisions of this Chapter, conditions and/or restrictions of its grading permit, the Grading Manual, the approved grading plans and the approved soil and geology reports. Section 3: In the interim until the Grading Manual is approved by Resolution of the City Council, Chapter 70 of the Uniform Building Code shall govern when a topic is not covered by the Amendment to Chapter 9, Article 8 entitled Grading and Excavation contained herein. Section 4: Severability of parts of this Ordinance and the adopted codes. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance and the adopted Codes are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree or court of competent jurisdiction, such unconstitutionally shall not affect 'any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance and the adopted Codes. The City Clerk shall certify to the passage and adoption of this Ordinance by the City Council of the City of Tustin and shall, within fifteen {15) days after its final passage, cause the same to be published once in the Tustin News, a newspaper of general circulation which is hereby designated for that purpose, and this Ordinance shall take effect thirty (30) days after its passage. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, held on the day of , 198m. ORS'ULA-E. 'KENNED Y, Mayor MARY WYNN, City Clerk