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CC 6 GRADING MANUAL 07-02-90
DATE: TO: FROM: SUBJECT: JULY 21 1990 WILLIAM HUSTON, CITY MANAGER CONSENT CALENDAR N0. 6 7/2/90 Inter - Com CHRISTINE SHINGLETON, DIRECTOR OF COMMUNITY DEVELOPMENT ADOPTION OF GRADING MANUAL RECOMMENDATION It is recommended that the City Council adopt Resolution 90-76 approving the attached Grading Manual. BACKGROUND Attached for City Council f inal approval is a f inal Grading Manual prepared by the Community Development Department and reviewed and accepted by the Planning Commission. The City Council in April of 1989, adopted a new City Code regulating grading and excavation (adopted as Section 8900 of Chapter 9, Article 9 of the Tustin City Code). Provisions of the Grading and Excavation Code required the Community Development Department to prepare a Brading Manual as a convenient means of administering the complexities of grading issues including required compliance with the provisions on the East Tustin Specific Plan which require special attention to grading in hillside areas. (Also stipulated in Section 8914 of the Grading and Excavation Code). Staff began working on the manual in mid -year 1988 and have conducted numerous reviews and workshops with the Planning Commission over the last two years on the technical issues dealt with in the manual. In preparing the manual, extensive staff revisions and input was provided from affected City departments assistance with technical issues and documents preparation was also supplemented by technical advise the City obtained from at least three engineering consulting firms. Staff also coordinated closely with the Irvine Company in an effort to address their concerns and issues in the document. Provisions contained in Section 8904 of the Grading and Excavation code now require City Council approval of the document by resolution. Christine Shinglet Director of Community Development 1 19 V 3 4 5 6 7 8 �I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27! 28 RESOLUTION NO. 90-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING THE CITY OF TUSTIN GRADING MANUAL. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. Section 8904 of the City of Tustin Grading and Excavation Code (Ordinance 1018, adopted April 3, 1989) requires the Community Development Department to formulate such rules, procedures definitions and interpretations as necessary to administer the Code to be referred to as the Grading Manual. B. The Community Development Department has prepared a Grading Manual which was received and accepted by the Planning Commission at their meeting on June 18, 1990. C. Section 8904 of the Grading and Excavation also requires the Grading Manual and any revisions to be approved by resolution of the City Council. II. The City Council hereby approves the City of Tustin Grading Manual attached hereto as Exhibit A. Mary E. Wynn City Clerk Richard Edgar Mayor GRADING MANUAL Prepared by City of Tustin Community Development Department 300 Centennial Way Tustin, California 92680 (714) 544-8890 June 1990 :I CITY OF TUSTIN GRADING MANUAL TABLE OF CONTENTS Page Number 1.0 General Provisions 1 1.1 Authority 1 1.2 Scope and Purpose 1 1.3 Revision 1 2.0 Definitions 1 3.0 Grading Permit Requirements 6 3.1 Grading Permit Application 6 3.2 Plans 7 3.3 Soil and Engineering Geology Report Content 16 3.4 Access to Public Streets 17 3.5 Utilities 17 3.6 Public Improvements 18 3.7 Rough Grading Permits 18 4.0 Fees and Bonds 19 4.1 Fees 19 4.2 Required Bonds -warranties 19 4.3 Types of Bonds 21 4.4 Bond Amounts 21 4.5 Term of Bond 21 4.6 Bond Conditions 21 4.7 Default in Performance 21 4.8 Right of Entry 22 5.0 Earthwork 22 5.1 Excavations 22 5.2 Fill 24 5.3 Slope Location 26 5.4 Footings on or Adjacent to Slopes 27 5.5 Drainage 29 5.6 Haul Roads and Access Roadways 30 5.7 Construction Excavations 33 5.8 Retaining Wall Backfills 31' 5.9 Planting of Slopes 32 CITY OF TUSTIN GRADING MANUAL TABLE OF CONTENTS 6.0 Supervision and Site Inspection 33 6.1 Supervision 33 6.2 Grading Site Inspection by the Building Division 34 6.3 Special Inspections 38 6.4 Alternative Materials and Methods of Construction 38 6.5 Safety Precautions 39 6.6 Responsibility of Permittee 40 7.0 Storm Damage Precautions 40 7.1 General 40 7.2 Incomplete Work 41 7.3 Effect of Noncompliance 41 8.0 Completion of Work 42 9.0 Special Restrictions on Use of Building Sites 43 9.1 Flood Hazards 43 9.2 Geologic Hazards 44 9.3 Other Restrictions 46 10.0 Hillside Guidelines 46 10.1 Land Modifications 47 10.2 Siting Guidelines 49 10.3 Drainage Guidelines 50 10.4 Vegetation and Planting Guidelines 50 10.5 Circulation Guidelines 51 10.6 Architectural Guidelines 52 11.0 Slope Warranty Program 53 11.1 Statement of Objectives 53 11.2 Program Description 53 CITY OF TUSTIN GRADING MANUAL APPENDIXES A. Technical Guidelines for Soil and Geology Reports B. Minimum Standards for Slope Stability Analysis C. Section 306, 1988 Uniform Building Code D. Typical Details for Grading E. Sample of Slope Warranty Agreement and Declaration of Net Worth TABLE OF CONTENTS CITY OF TUSTIN GRADING MANUAL 1.0 GENERAL PROVISIONS 1.1 Authority The Grading Manual is authorized by Section 8904 of the Tustin City Code. 1.2 Scope and Purpose The Tustin Grading Manual (hereinafter referred to as the Grading Manual) is a compilation of rules, procedures and interpretations necessary to carry out the provisions of the Tustin City Code relating to grading and excavation. The purpose of the Grading Manual is to supplement the Tustin City Code 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. 1.3 Revision The contents of the Grading Manual will be periodically revised in response to new technological developments, improved understanding of engineering characteristics of earth material and other factors deemed appropriate by the City of Tustin. Any person seeking to initiate 'a revision shall submit a written request accompanied by pertinent supportive data to the Community Development Department Director. At such time as the Director chooses to consider pending revisions, recommendations for changes will be made to the City Council. Such changes shall become effective upon adoption of a resolution by the City Council. Emergency situations maybe handled differently in so far as other legal constraints permit. Requests that relate to emergency conditions shall be initiated by correspondence with and approval by the Building Official. 2.0 DEFINITIONS "Approval" as it pertains to the Building Official shall mean issuance of a written statement expressing approval or the affixing of a stamp of approval to reports, plans, or specifications reviewed by the Building Official. "Approved plans" shall mean the current grading plans which bear the stamp of approval of the Building Official. Grading Manual Page 2 "As built grading plan/as graded plan" is a plan showing the surface condition of the ground as of the date of certification by the civil engineer, architect or other qualified person. "As -graded" is the surface condition upon completion of grading. "Average Slope" The characteristic slope gradient over an area of land, measured in percent as the ratio of vertical rise to horizontal distance. In any cluster development, or where the average size of proposed new parcels exceeds 10 acres, average slope is to be determined for the- entire site and does not need to be determined for each proposed parcel. In all other cases (those less than 10 acres or not within a cluster development), average slope is to be determined based on the most accurate available topographic information for each proposed new lot. One of the following methods for determining average slope is to be used: a. Basic Method. Where a line drawn between highest and lowest point on a parcel or lot is adequate to represent direction and extent of slope for the entire parcel or lot the difference in elevation between the high and low points, divided by the horizontal distance between the points, will determine the average slope. b. Sectional Method. Where the parcel or lot contains distinct sections of differing slope, the average slope of each section may be determined according to the Basic Method in (a) above or the Contour Measurement Method in (c) below. The average slope of each section is then used in proportion of the section's area to the total area to determine the average slope gradient of the entire parcel. Average Slope AX + BX + CX = Average Slope Gradient A = slope section A B = slope section.B C = slope section C X = percentage of total acreage C. Contour Measurement Method. Where a precise measurement of the average slope is required due to varied slope conditions or complex topography, the following formula will be used: S = 100 + IL A i J Grading Manual Page 3 S = average slope A = area of total site in square feet I = contour interval in feet L = summation of length of contours in scaled feet (per appropriate scale) for the total site "Bedrock" is the solid, naturally formed aggregate or mass of mineral matter, whether or not coherent, which underlies soil or is exposed where soil does not conceal it. "Bench" is a relatively level step excavated into earth material on which fill is to be placed. "Certificate of Acceptance" as it pertains to a civil engineer, soil engineer, geotechnical engineer shall mean the issuance of a written statement expressing approval of plans and specifications or work completed under the inspection of a civil engineer, soil engineer or geotechnical engineer registered in the State of California. "Clearing, brushing, and grubbing" shall mean the removal of vegetation (grass, brush, trees, and similar plant types) by mechanical means. "Compaction" is the densification of soil or fill by mechanical or other acceptable procedures. "Contour Grading" is the transitional use of variable slopes and the blending of these slopes into contours compatible with the natural terrain with the toe or top of slope varying from a straight line. "Civil Engineer" is a professional engineer in the branch of civil engineering holding a valid certificate of registration issued by the State of California, under the provisions of the Professional Engineers Act. "Earth Material" is rock, or soil, or any combination thereof. "Engineering Geologist" shall mean a licensed geologist or an engineering geologist holding a valid certificate of registration from the State of California. "Erosion" is a wearing away of the ground surface as a result of the movement of wind, water and/or ice. "Erosion Control System" is a combination of desilting facilities and erosion protection, including effective planting, to protect adjacent private property, watercourses, r and public facilities from any adverse effects of receiving waters, and from an abnormal deposition of sediment or dust. Grading Manual Page 4 "Excavation" is the mechanical removal of earth material or deposits of natural soils, rock or fill or any combination thereof. "Fault" is a fracture in the earth's crust along which movement has occurred. "Fill" is a deposit of soil, rock, or other similar irreducible material placed by artificial means. "Flat Site" is any site which does not satisfy the definition of a hillside site. "Geotechnical Engineer" is a person holding a valid certificate of registration as a geotechnical engineer issued by the State of California under provisions of the Professional Engineers Act. A geotechnical engineer is synonymous with soils engineer. "Grade" shall mean the vertical location of the ground surface. A. "Natural grade" is the vertical location of ground surface prior to any excavation or fill. B. "Existing grade" is the ground surface as it exists prior to issuance of a grading permit. C. "RoughrQ ade" is the stage at which the grade approximately conforms to the approved plan. D. "Finish grade" is the final grade of the site which conforms to the approved plan. "Grading" is any excavation or fill or combination thereof. "Grading Contractor" is a contractor licensed and regulated by the State of California who specializes in grading work or is otherwise licensed by State Contractor's License Board to do grading work. "Grading Permit" is an official document or certificate issued by the Building Official authorizing grading activity as specified by approved plans and specifications. "Hillside Site" is (1) a site which includes all areas located within the boundaries of the Hillside District as shown on the East Tustin Specific Plan; (2) outside the East Tustin Specific Plan, any development site when average existing grade or slope is twenty percent (20%) or greater, a site which entails cut and/or fill grading of three (3) feet or more in vertical height below or above natural grade, or a j Grading Manual Page 5 combination fill -over -cut slope equal to or greater than five (5) feet in vertical height which may be altered or adversely affected by drainage and/or stability conditions within or from outside the site, or which may cause an adverse affect on adjacent property. "IRWD" is the Irvine Ranch Water District. "Key/Keyway" is a designed excavated trench in which compacted fill is placed to resist lateral pressure. "OCEMA" is the Orange County Environmental Management Agency. "Owner" is any person, agency, firm or corporation having a legal or equity interest in a given real property. "Precise Grading Permit" is a permit that is issued on the basis of approved plans which shows the precise structure location, finish elevations, and all on-site improvements. "Private Streets" are those traveled ways not dedicated to or maintained by the City. "Retaining Structure" is a wall or other device designed to resist lateral pressure, including any surcharge loads. "Rough Grading Permit" is 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 Building Official. "Slope" is an inclined ground surface, the inclination of which can be expressed as a ratio of vertical rise to horizontal distance or as a gradient percentage. When expressed in percentages, a 3:1 slope ratio becomes 33 1/3%, a 4:1 ratio becomes 25%, etc. "Slope Stability" shall mean the degree of safety of a graded slope against failure. The stability of a slope shall be measured with respect to its resistance to both: (a) deep seated failure under both static and anticipated seismic loading conditions,"and (b) surficial failure. "Site" is any lot or parcel of land or continuous combination thereof, under the same ownership, where grading is proposed or performed. "Soil" is a naturally occurring surficial deposit overlaying i bedrock or other naturally occurring materials. s "Soils Engineer" is a registered geotechnical engineer who holds a valid authorization to use the title "Soils Engineer" Grading Manual Page 6 as provided in Section 6736.1 of the Professional Engineer's Act. Soils engineer is synonymous with geotechnical engineer. "Soil Testing Agency" is an agency regularly engaged in the testing of soil under the direction of a soils engineer. "Special Inspector" is an inspector duly appointed by the Building Official to perform inspection of asphalt and concrete placement and related construction work or other grading related work approved by the Building Official. "Sulfate, Total Available (SO4)" shall mean the amount, expressed either as a percentage or as parts per million, of soluble sulfate available in the soil material which will be in contact with proposed foundation elements and/or metal utilities. "Supervising Grading Engineer" is the Civil Engineer responsible for the supervision of the grading in accordance with requirements of the grading plan. "Supporting Documents" shall mean specifications, hydrology maps, hydrology calculations, hydraulic calculations, earthwork calculations, construction estimate, survey, soil report, geology report and any other information necessary to support the proposed construction. "Terrace" is a relatively level step constructed with the face of a graded slope surface for drainage and maintenance purpose. 3.0 GRADING PERMIT REQUIREMENTS 3.1 Grading PermitADplication The following basic documents and fees are required in applying for a grading permit unless otherwise specified by the Building Official. a. Application form signed by applicant or applicant's authorized agent. The agent's authority shall be in writing signed by applicant and notarized. b. Plan check fee. C. A minimum of four (4) sets of dated grading plans labeled "Precise" or "Rough" grading. d. One copy of each soil report relevant to prior grading on site and two (2) copies of a soil report for the current grading proposal (See Section 3.3). Please note Grading Manual Page 7 that soil reports shall provide the results of an expansive soil test. e. Geology report similar to (d.) above. f. Erosion control plans ( four ( 4 ) copies) . g. Hydrology and/or hydraulic calculations, including base maps showing tributary areas (on-site and off-site) (two (2 ) copies) . h. Retaining wall plans - calculations and details (subject to separate permit). i. A notarized letter of permission from adjacent property owner(s) for slope encroachment or off-site grading in addition to a notarized letter for the acceptance of drainage if the amount of drainage is increased or the manner in which it is accepted is changed. j. Any additional plans, drawings, agreements or calculations deemed necessary by the Building Official to show conformance of the proposed work with requirements of this Grading Manual and/or related Tustin City Codes. 3.2 Plans a. Plans submitted for plan check shall be ink on preprinted City of Tustin Grading Plan Title Sheet, mylars (alteration of preprinted borders and title block not allowed); 24" X 36" maximum, legible reproducible originals using an engineer's scale (except structural details) that show concise and uncluttered details. Plans shall be prepared under the supervision of a registered civil engineer and shall be submitted at the following scales: 1. Mass grading - 1" = 20' or 1" = 40' 2. Rough grading - 1" = 20' or 1" = 40' 3. Erosion control - 1" = 20' or 1" = 40' 4. Precise grading - 1" = 20' 5. Street and storm drain plans - 1" = 20' b. Standard Plans shall be used when possible. It is not necessary to detail or place the Standard Plan on the plans provided the City of Tustin or OCEMA Standard Plans are referenced. :w Grading Manual Page 8 Standard Plans shall be referenced in the following order: 1. Community Development Department, City of Tustin. 2. Public Works Department, City of Tustin. 3. Standard Plans for Orange County Environmental Management Agency. C. The following items shall be shown on grading plans in plan preparation unless waived by the Building Official or found not applicable by the Building Official. Items that are asterisked (*) are only required for precise grading plans. 1. Site location shown on the vicinity map. 2. County of Orange bench marks are the only acceptable bench marks. Adjustment date shall be shown. The bench mark number, description and adjusted elevation shall be shown on the plans. 3. Name, address and telephone number of the owner, civil engineer, soils engineer and geotechnical engineer and, where required, the project paleontologist and/or archaeologist. 4. The signature of the project's registered civil engineer and geotechnical engineer, registration number, expiration date, and seal (stamp). All required signatures shall be wet signatures (black ink) except IRWD signatures. Wet signatures will not be required until the plans are ready for acceptance by the City at which time a minimum of two (2) sets of signatured plans will be required. 5. Legal description of parcel or lot and project address if available. 6. A note on plans indicating proposed uses of site. 7. Legends, symbols and abbreviations. 8. North arrow and scale. 9. Property lines on site and lot dimensions. 10. All structures and topography on adjacent property within 15 feet of site unless a smaller radius is deemed appropriate by the Building Official. Grading Manual Page 9 11. All structures and topography on site. 12. Public right-of-way boundaries. 13. Show existing improvements in public right-of-way. 14. All existing sub -structures, buried tanks and wells, utility lines (i.e. gas, water, electric). 15. Existing contours on-site and sufficient areas off-site at one foot intervals or five foot intervals if deemed appropriate by the Director of Community Development. Five foot intervals shall be acceptable on slopes over 20%. 16. Proposed driveway locations and their relationship to adjacent street stations. The breakover angles shall not exceed ten (10 ) degrees ( algebraic total) . The rate of grade for driveways shall not exceed 13% (from back of driveway apron to garage). * 17. Footprint or allowable building area of all proposed structures (including columns, air conditioner pads, and architectural projections), shown in relationship to top and toe of slopes. * 18. Detailed finish grade, finished garage floor elevations and rough pad elevations. 19. Details for typical lot drainage and all surface and subsurface drainage devices, walls, cribbing; dams and other protective -devices to be constructed as part of proposed work as shown in the Appendices under Typical Details (Appendix D). * 20. Proposed drainage devices including roof drains for proposed building. Connections to yard drains shall be designed for overflow at or near ground level in the event the yard drain becomes plugged. * 21. Location of proposed individual parking stalls. * 22. Details for building footing and sideyard Swale relationships including extra height or depth of footing. -- * 23. Setbacks from property lines and structures to tops and toes of slopes. * 24. All proposed concrete flatwork, garden walls,, decorating, paving and retaining walls. J Grading Manual Page 10 * 25. Proposed location of landscaping including slope planting areas and all planter areas in the case of precise grading. * 26. Proposed (or existing) elevations of improvements in public rights-of-way, adjacent to the site. 27. Finished contours and finished elevations at points of grade change and all control points such as at corners and changes in configuration at one foot intervals, five foot intervals if deemed appropriate by Director of Community Development. Five foot intervals shall be acceptable on slopes over 20%. 28. All existing and future easements with dimensions and purpose. 29. Daylight lines of all cuts and fill, when deemed necessary. 30. Construction notes and details for all items being constructed on the grading plan. 31. Incorporate Hillside Design objectives, guidelines and criteria shown in Section 10.0 and in the Grading and Excavation Code (section 8900, et seq of Tustin City Code) . * 32. Plan and section details of, typical lot drainage. Minimum two percent (2%), maximum twenty percent (20%) away from building pad, a minimum distance of three feet. 33. Construction performed by others shall be clearly noted and enough detail provided to show that a conflict will not exist and the site can be graded. The item shall be designated NIC (Not in Contract) . 34. List quantities for all items to be constructed. 35. List quantities of fill, excavation, shrinkage, subsidences, export and import in cubic yards. 36. Provide centerline stationing for all streets. Locations and limits of construction items shall be located by stationing or dimensions. A separate horizontal control sheet may be acceptable. 37. Where necessary and to be constructed in conjunction with rough or precise grading, complete details for retaining and garden walls shall be shown and complete design calculations shall be submitted for Grading Manual Page 11 review (unless an appropriate standard drawing applies and typical details prepared by the City are used) . Design parameters shall be those recommended in the soil report. 38. Elevations shall be shown at top of curb (minimum) at all grade breaks, at the beginning of curb return and end of curb return. d. General Requirements. 1. If grading includes movement of earth material to or from the site in an amount considered substantial by the Building official,, the permittee shall submit the haul route for review and approval by the City Engineer. 2. All asphalt concrete pavement shall be bordered by portland cement concrete; other alternative materials which protect the pavement edge against - cracking or eroding may be approved by the Building Official when such recommendation is accepted by the Community Development Department's plan check Civil Engineer. 3. Sheet flow on asphalt concrete pavement in on-site parking areas shall be at one percent (1%) minimum and five percent (5%) maximum unless otherwise approved by the Building Official. 4. Concentrated flows of water -over asphalt pavement in on-site parking areas shall be conveyed by portland cement concrete gutters or pipes to street, natural watercourse or storm drain facility. 5. All planters shall be contained by portland cement concrete curbs; other alternative materials which protect the pavement edge against cracking or eroding may be approved by the Building Official when a recommendation is accepted by the Community Development Department's plan check Civil Engineer. 6. The minimum width of a sidewalk, constructed adjacent to curbs is five feet (curb face to back of walk) on public streets and private streets. -- 7. Whenever yard drains are used the following note shall be placed on the plans: "The design, installation and maintenance of all �► area yard drains are the sole responsibility of the Grading Manual Page 12 developer/owner, as applicable and the City shall in no way be considered liable for approving them." Grades shall be used that will allow the design storm waters to flow (unobstructed) to a street, storm drain or natural water course. Design storm water surface shall be a minimum of two-tenths (0. 2 ) feet below the finish floor of adjacent buildings. When yard drains are connected to a storm drain, a junction structure will be required. A junction structure type VI, OCEMA Standard No. 1315 shall be used. The following sample construction note is to be used: "Construct JS -Type VI per OCEMA Standard No. 1315. "The maximum length from outside of the strom drain to the end of the entry pipe shall be 18" for inspection purposes." -- Whenever possible, yard drain pipes shall enter, existing or proposed catch basin or manholes, whenever they are within twenty-five (25) feet of a catch basin or manhole. 8. Driveways between driveway approach and garage floor shall be portland cement concrete (6" thick minimum) over compacted soil; other alternative materials which protect the pavement against cracking or eroding may be approved by the Building Official in hillside area when such recommendation is accepted by the Community Development Department's plan check Civil Engineer. A construction note shall be on the grading plan for such construction. 9. Curb openings, to allow graded swales to drain, are not allowed. 10. Curbs and gutters shall be per City Standards. e. Additional plans, drawings, calculations and environmental impact information, or other reports may be required by the Building Official. f. Storm Drain Design 1. Drainage design requirements shall be in accordance with the City of Tustin Master Plan of Drainage and/or OCEMA if OCEMA standards are more restrictive. T A Grading Manual Page 13 2. Criteria utilized for the hydrology shall be as stated in the Hydrology Manual published by Orange County, current edition. 3. Criteria used for design shall be the OCEMA Design Manual and Drainage Design Criteria and Guidelines. 4. OCEMA permit is required when storm drains are connected to the County's systems. 5. The final decisions regarding any clarification of or deviation from the criteria shall be made by the Building Official. 6. The hydrology map and grading and street plans shall agree as to the grades, drainage areas, etc. 7. Show the size of all basins on the plans. The three foot transition length of the local depression may be permitted to encroach into curb returns where it is determined by the Building Official that no problem will be created. 8. The height of the parkway drains shall be three (3) inches for six (6) inch curb face and four (4) inches for eight inch curb face. 9. Identify all calculations by referring to the storm drain line number and its location. Computer hydraulic calculations shall show code number by storm drain -stationing. 10. Engineer shall submit verification of hydraulic grade line control. 11. Show the hydraulic grade line plot on originals. Show all water surface elevations and the top of curb elevations at catch basins. 12. Show all hydraulic elements, including Q'S, slopes, pipe size, and pertinent stationing. 13. All storm drain construction shall be in accordance with City of Tustin and OCEMA criteria. 14. Show name and telephone number of the registered -- Civil Engineer who performed the hydrology study. 15. Surface water must be carried down slopes in non-erosive devices. y 1 Grading Manual Page 14 16. Manholes shall be restricted to, in order of preference: a. Parking lane. b. Parkway. C. Center of travel lane nearest right curb. d. Center of travel lane to the left of the travel lane nearest right curb. e. Other locations approved by the Building Official and City Engineer. 17. Public drainage devices shall be located entirely within easement. 18. Easement parallel to lot lines are preferred to be on one lot only. 19. Buildings will not be allowed over storm drain facilities or easement without permission of the Building Official or City Engineer, as applicable. 20. If it is necessary to grade to drain, the grade on the ditch shall be shown on the plan, with the distance to daylight. 21. All items for construction shall be clearly dimensioned. g. Erosion Control Plans 1. Siltation and erosion control plans shall be prepared, submitted and approved with rough grading or precise grading plans, whichever is submitted first and ready to place in operation for any construction occurring between October 15 and April 15 of any year. The submittal may be separate plans or included within grading plans. The City will suspend any permits for which erosion control plans have not been approved. If permanent storm drain structures are used in conjunction with erosion control plans hydrology and/or hydraulic calculations as well as storm drain construction plans will be required. 2. Erosion control plans shall provide sufficient erosion control devices to protect the adjacent private properties and public streets and/or facilities from the deposition of eroded material. 3. The base plan for the erosion control plan shall be the grading plan. i Grading Manual Page 15 4. Criteria used for erosion control plans shall be based on OCEMA Standard Plan Numbers 1327 - 1330 and good engineering practice. 5. The name and 24 hour telephone number of the person responsible for performing emergency erosion control work shall be provided with plans. 6. The plan shall indicate by note how access will be provided to maintain desilting facilities during wet weather. 7. Sedimentation calculations shall be provided for the area proposed for development. Include any off-site tributary areas. 8. Show direction of flow with arrows. 9. Show details for all types of facilities used to control erosion. 10. Show proposed storm drains. 11. All entries into existing public streets shall be bagged. 12. Show details of bagging at basins and weirs. 13, Bagging is required at the perimeter of the development unless it is clearly shown that storm waters will flow into -the development. h. Additional Plans Applications for Hillside Review shall include additional plans or information as is determined to be necessary to act on the application including, but not limited to the following: 1. Composite site analysis map which identifies site -� features such as significant views, significant ridgelines, mature vegetation, significant topographic character, natural drainage ways, significant rock outcroppings, etc. 2. Design sketches, photographs, details, slope elevations, sections, profiles, slope analysis or view analysis. 3. A description of the proposed preventative ~` maintenance program for slopes. a Grading Manual Page 16 4. Concept landscaping plan for planting temporary and permanent slopes. 3.3 Soil and Engineering Geology Report Content Guidelines are provided in Appendix A, "Technical Guidelines for Soil and Geology Reports". Recommendations contained in the approved reports shall be incorporated into the grading plans and specifications and shall become conditions of the grading permit. All reports shall be subject to review by the Building Official or his designated representative. Supplemental reports and data shall be required as may be deemed necessary. 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 Building Official. The preliminary soil engineering report shall include information and data regarding the nature, distribution, and the physical and chemical properties of existing soils (i.e. sulphates, etc) 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 project grading and development. Recommendations for corrective procedures will be required when expansive and high �- sulfate soils are encountered. In addition to a normal soil report, the County of Orange Health Care Agency or State Department of Health Services may require additional site assessment to determine the extent of both soil and ground water contamination on a site. Additional actions such as implementation of remedial clean up and monitoring may be required prior to grading operations or construction beginning. b. Preliminary Engineering Geology Report Engineering geology reports are required for all developments unless it is determined by the Building Official that said report can be waived. Grading Manual Page 17 The preliminary (initial) engineering geology report shall include a comprehensive description of the site topography and geology; an opinion as to the adequacy of 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; 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 structures (fire stations, nursing homes, etc.) and major structures, 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 Building official. The report shall be prepared by a geotechnical engineer or certified geologist, registered in the State of California, 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. 3.4 Access to Public Streets Access, driveways or ingress and egress to public streets requires permission from the City Engineer. Access is generally restricted on major streets and those local streets intersecting major streets. The applicant is advised to secure prior approval for access. 3.5 Utilities Certain areas of the City will require underground utility. installations. Prior investigation of these requirements will expedite the plan check and development process. Grading Manual Page 18 It may be necessary to construct sewer, water, cable T.V. and other facilities. Prior knowledge of this information will expedite the process. 3.6 Public Improvements There may be public improvements required because of the proposed grading and development. All improvements constructed in public rights-of-way shall have a note on the plans stating that: "all improvements constructed in public right-of-way shall be constructed in accordance with the street improvement plans - reference *" (Drawing # or report #). 3.7 Rough Grading Permits Rough grading permits may be issued for a site if in the opinion of the Building Official, special circumstances warrant the issuance. The plan shall be clearly labeled as "Rough Grading Only". Plans shall contain enough information to show that problems or hazardous conditions will not be created. Adequate provisions shall be made for drainage and erosion control. Rough grading permits are issued for benefit of the owner or applicable and it will be the owner's or applicant's responsibility for conflicts with the precise grading plan or any subsequent designs. Rough Grading Permits will be issued only after all required fees, bonds have been paid and conditions have been completed. Rough Grading Permits will be subject to all conditions of the Grading Permit. Work required under a Rough Grading Permit must be completed before the last increment of the site is converted to a precise grading permit or the remaining work shall be governed by a precise permit. _ A Rough Grading Permit may not be issued before approval of a tentative tract map, tentative parcel map or Hillside Review Permit unless otherwise provided in the Municipal Code or when approved by the Building Official. A. The following will be required with "Rough Grading Plan" submittals: 1. Soil Report 2. Conditions of Approval 3. Erosion Control Plan and Sedimentation Calculations Grading Manual Page 19 B. Rough Grading Plans shall include the following details and/or information, as applicable: 1. Information required in Section 3.2c - Plans, -3.2d General Requirements and 3.2e. 2. Recommendations stated in the "Soil Report". 3. Required information stated in the Conditions of Approval for the project. 4. Show typical sections demonstrating the proposed grading between lots, public rights of way, streets/driving areas and at all other locations necessary to show the grading. 5. Show typical sections of streets, driving areas and parking areas. 6. Show pad elevations and top of curb elevations at all locations where pad elevations change. 7. Show rates of grades on streets, driving areas and parking areas. S. Note on the plans stating that: "Rough Grading Plans are reviewed for conceptual details. The developer - will be responsible for all modifications to conform to precise grading requirements". 9. Rough grading and precise grading shall require separate sets of plans. 4.0 Fees and Bonds 4.1 Fees A. Plan check and permit fees shall be paid to the Community Development Department as set forth by City Council Resolution. B. Cost Recovery Fees. If the Building Official orders emergency work to be performed on private property, the Building Official shall charge the owner or agent all direct or indirect costs which are necessary to complete the work satisfactorily. In addition, the Building Official may levy or charge a mitigation cost equal to fourteen percent (14%) of the cost of performing the work for all City administrative overhead. 4.2 Required Bonds -Warranties A. A grading permit shall not be issued unless the owner first posts a performance bond with the Building Official pursuant to Section 8914 of the Grading and Excavation Code. A grading' permit shall not be issued for a hillside site until execution and implementation of a slope warranty program discussed in more detail in Section 11 of this Manual. Preparation and recordation ~" of a declaration of Covenants, Conditions and Grading Manual Page 20 Restrictions provided for development and maintenance of slopes and drainage devices shall also be a condition of approval of subdivisions in all hillside areas. A bond may be required to assure that the work, if not completed in accordance with approved plans and specifications, will be corrected to eliminate hazardous conditions. The Building Official, at his discretion, may waive the requirements for a grading permit bond in writing if he determines the following: 1. The grading is being done by, or for a governmental agency and work is covered by an agreement and bond posted. 2. Grading is necessary to remove a geological hazard and work is covered by an agreement and bond posted. 3. No hazardous situation is likely to occur as a result of incomplete or improper grading. 4. No adverse effect is likely to occur to the subject property, adjacent property or an existing or proposed structure thereon as a result of incomplete or improper grading. 5. No significant drainage, erosion, flooding or siltation problems will exist as a result of incomplete or improper grading. 6. No adverse geological or environmental impacts will occur as a result of incomplete or improper grading. 7. No conditions of the grading permit warrant a financial guarantee to assure their satisfactory completion. B. On developments where progressive individual grading projects or several concurrent projects are being constructed by one owner, a continuing (blanket) bond or single letter of credit which will cover all such projects may be accepted and the amount determined by the Building Official. C. An additional cash bond in an amount determined by the Building Official may be required to ensure the - completion of grading under the permit as a condition of occupancy and energizing utilities. A bond in an amount determined by the Building Official may be required for fa permits involving temporary earthen stockpiles to ensure their timely removal. -)q Grading Manual Page 21 D. The amount of the bond may be reduced by the Building Official to the extent that it is determined that potential hazards or the nature of the project do justify the full amount. 4.3 Types of Bonds The owner or permittee may file a surety bond, a cash bond, a time certificate of deposit or a letter of credit. The instrument and method of bonding will be subject to approval of the Building Official and/or City Attorney. 4.4 Bond Amounts The amount of a grading bond shall be based upon the estimated costs of the grading work, plus the cost of all drainage or other protective devices and erosion control facilities being constructed or installed under the permit, and will be determined by the Building Official. Said amount could be lower than the total estimated cost of work if risks are lower • as determined by the Building Official in consultation with the City Attorney. 4.5 Term of Bond A. The term of each bond shall begin upon its filing with the Building Of f icial and the bond shall remain in of fect until the work authorized by the grading permit is completed and approved by the Building Official. B. When the rough grading has been completed in conformance with the requirements of this manual and applicable laws and ordinances, the Building Official in consultation with the City Attorney may consent to a reduction of the bond to an amount estimated to be adequate to ensure completion of the grading work, site development or slope landscape planting remaining to be performed. The costs referred to in this section shall be as estimated by the Building Official in consultation with the City Attorney. 4.6 Bond Conditions Every bond shall be made on the form provided by the Building Official, or contain the conditions prescribed in a form to be approved as to form by the City Attorney. 4.7 Default in Performance In the event that the owner or agent has failed to complete the work or failed to comply with all terms and conditions of the grading permit, it shall be deemed that a default has �i Grading Manual Page 22 occurred. The Building Official shall give notice thereof to the principal and surety on the grading permit bond, or to the owner in the case of a cash deposit or assignment, and may order the work required to complete the grading in conformance with the requirements of the permit be performed. Such notice shall specify the work to be done, the cost and the period of time deemed by the Building Official to be reasonably necessary for the completion. The surety executing the bond shall continue to be firmly bound under an obligation up to the full amount of the bond for the payment of all necessary costs and expenses that may be incurred by the City in causing any and all such required work to be done. In the case of a cash deposit or assignment, the unused portion of such deposit or funds assigned shall be returned or reassigned to the person making said deposit or assignment. 4.8 Right of Ent The Building Official or the authorized representative of the surety company shall have access to the premises described in the permit for the purpose of inspecting the work. In the event of a default in the performance of any term or condition of the permit, the surety or the Building Official, or any person employed or engaged on the behalf of either, shall,have the right to go upon the premises to perform the required work. No person shall interfere with or obstruct the ingress to or egress from any such premises of any authorized representative of the surety or of the City engaged in the correction or completion of the work for which a grading permit has been issued. 5.0 EARTHWORK 5.1 Excavations A. The maximum cut slope gradient is established in the Grading and Excavation Code. The overall slope, height and grade of any cut shall be developed in concert with the existing contours and scale of the natural terrain of a particular site. Hillside grading objectives and guidelines are contained in the Grading and Excavation Code and Section 10 of this Manual. B. Substantiating calculations and supporting data shall be required where the Building Official determines that such information is necessary to verify the stability and safety of the proposed slope. The Building Official may require the excavation to be made with a cut face flatter in slope than two vertical to one horizonal (2:1), if he L- i Grading Manual Page 23 determines it necessary for stability and safety consistent with recommendations contained in the project soil report and engineering geologist reports. C. Drainage Terraces Required. Cut slopes more than thirty (3 0 ) feet in height shall have drainage terraces provided at vertical intervals not exceeding thirty (30) feet. Where only one terrace is required, it shall be placed at approximately mid -height of the slope. Such terraces shall be not less than six feet in width (total horizontal distance) except when the total slope height (vertically) exceeds one hundred (100) feet, when in addition to the required six foot terrace drains, another terrace drain of not less than twenty (20) feet in width (total horizontal distance) shall be located at approximately mid -height of the slope. D. Cut Pads. Rough grading of building pads created by cutting rather than by filling shall be subject to the following specifications: 1. Each cut pad shall be inspected by the engineering geologist and by the Soils Engineer. The nature and geologic structure of the ground exposed shall be determined by the engineering geologist on the basis of inspection. That the ground is capable of providing uniform and adequate support for structures shall be determined by the soil engineer on the basis of inspection and such investigation (including testing and analysis) as may be considered necessary. 2. Overexcavation. Where it is determined that the ground exposed in a pad is not suited to the intended use, that pad shall be overexcavated and rebuilt as a compacted fill pad. The material selected for use as fill shall be approved by the Soils Engineer and the completed pad shall be tested pursuant to Section 5.2. E. Brow Ditches. Brow ditches (diverter drains or terraces) !J planned to be constructed as shown on the approved plans shall be confirmed in the field before the ditches are cut and before the adjacent cut slopes are graded. Where the gradient of an existing slope above the proposed location of the top of a cut slope is only moderately steep and where a property boundary or an existing improvement is close to the proposed top of the cut, construction of a brow ditch as planned may prove to be e impossible and may not be required when recommended by r the Civil Engineer and Soils Engineer received and approved by the Building Official. 4- 1 Grading Manual Page 24 The tops of proposed cuts shall be staked in the field and inspected by the Soils Engineer. Changes in locations of cut slopes or drain details or both shall be recommended by the Soils Engineer wherever such changes are found to be necessary subject to review and approval by the Building Official. 5.2 FILL A. The maximum fill slope gradient is established in the Grading and Excavation Code. The overall slope, height and grade of any fill slope shall be developed in concert with the existing contours and scale of the natural terrain of a particular site. Hillside grading objectives are contained in the Grading and Excavation Code and Section 10 of this Manual. B. Compaction. All fill materials shall be compacted throughout their full extent to a minimum of ninety percent (90%) of the maximum density. In-place density must be determined by the nuclear gage with the nuclear gage test method number specified. One out of every five tests should be the sand cone method to verify correctness in maximum density determinations. Fill slopes shall be constructed by the placement of soil a sufficient distance beyond the proposed finished slope to allow compaction equipment to operate at the outer surface limits of the final slope surface. The excess fill to be removed prior to completion of rough grading. Other construction procedures may be utilized when it is first shown to the satisfaction of the Building Official that the method will accomplish the intent of this section. Exceptions to these compaction requirements are as follows: Slope surfaces may be prepared for planting by -- scarifying, by the addition of top soil, or by other methods provided such slopes when so prepared otherwise comply with the requirements. C. Preparation of Ground. The existing ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill or other incompetent material. No compacted fill shall be placed unless the underlying soil or bedrock has been investigated by the Soils Engineer and/or Engineering Geologist and found to be capable of safely supporting the additional weight where the slope of the existing ground surface is on level benches cut into competent material. Except where recommended by the Soils Engineer or Engineering Geologist as not being necessary, subdrai.ns shall be provided under all fills �1 Grading Manual Page 25 placed in natural drainage courses and in other locations where seepage is evident. Such subdrainage systems shall be of a material and design approved by the Soils Engineer and acceptable to the Building Official.. The location of the subdrains shall be recorded on plans and elevations by the Civil Engineer and shown on as -built plans. D. Fill Material. No detrimental amount of organic or other reducible material shall be incorporated in fill. Except as recommended by the Soils Engineer and approved by the Building Official, no rock or similar irreducible material with a maximum dimension greater than eight inches shall be buried or placed in compacted fill. E. Drainage Terraces Required. Fill slopes more than thirty (30) feet in height shall have drainage terraces provided at vertical intervals not exceeding thirty (30) feet. Where only one terrace is required, it shall be placed at mid -height of the slope. Such terraces shall be not less than six ( 6 ) feet in width (measured horizontally from the outside edge) except that where the total slope height (vertically) exceeds one hundred (100) feet, when in addition to the required six foot terrace drains, another terrace drain of not less than twenty (20) feet in width (measured horizontally from the outside edge) shall be located at approximately mid -height of the slope. The design and construction of drainage terraces shall conform to this requirements of the Civil Engineer. F. Slopes to Receive Fill. Where fill is to be placed above the top of an existing or proposed cut or natural slope steeper than three horizontal to one vertical, the toe of the fill shall be set back from the top edge of the slope a minimum distance of six feet measured horizontally or such other greater distance as may be specifically recommended by a Soils Engineer or Engineering Geologist and approved by the Building Official. Fill shall not toe out on slopes steeper than two horizontal to one vertical. G. Inspection and Testina. The Soils Engineer shall provide sufficient inspection during fill placement and compaction operations to determine that such fill is being placed in accordance with the conditions of plan approval. Continuous inspection shall be provided by the Soils Engineer or responsible representative for all fill that will exceed a vertical height or depth of twenty- five (25) feet. l� Grading Manual Page 26 H. Tests to determine density of the compacted fill soil shall be made on the basis of not less than one test for each two foot vertical lift of the fill but not less than one test for each 1,000 cubic yards of material placed. At least one-half of the required tests shall be made at locations in the final fill slope, except that not more than one such test need be made for each 40 horizontal feet of slope in each two foot vertical lift. Additional tests shall be performed where deemed necessary by recommendations of the Soils Engineer or where determined necessary by the Building Official. All such density tests shall be reasonably and uniformly distributed with the fill or fill slope surface. Results of such testing and location of tests shall be presented in the Soils Engineer's report. As recommended by the Soils Engineer or when requested by the Building Official, sufficient tests of soil properties, including soil type and shear strength, shall be made during grading operations to verify compliance with design criteria. The results of such testing shall be furnished to the Building Official upon the completion of grading operations, or, when necessitated by varying field conditions, upon request by the Building Official. 5.3 Slope Location 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. B. Top of Cut Slope. The top of cut slopes shall not be made nearer to a site boundary line than one f i f th of the height of cut with a minimum of three feet and a maximum of ten feet. The maximum setback required may be reduced where recommended by the Soils Engineer and/or Engineering Geologist and approved by the Building Official consistent with Section 5.3D, but in any event not below the minimum setback of three (3) feet. i C. Toe of Fill Slope. The toe of fill slope shall not be made nearer to the site boundary line than a minimum of three ( 3 ) feet and a maximum of twenty ( 2 0 ) feet. The �. maximum setback may be reduced where recommended by the Soils Engineer or Engineering Geologist and approved by the Building Official consistent with Section 5.3D, but in no event below the -minimum setback. Where a fill slope is to be located near the site boundary and the adjacent off-site property is developed to such grading, .-X Grading Manual Page 27 special precautions shall be incorporated in the work as the Building Official deems necessary to 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 erosion. 4. Provisions for the control of surface waters. D. Modification of Slope Location. The setback and other restrictions imposed by this section may be increased where unusual soil or geologic conditions make such increase necessary for safety or stability or the maximum setbacks may be reduced but in no event below the minimum setback upon investigation and recommendation by a Soils Engineer or Engineering Geologist where such reduction will provide equivalent safety, stability and protection, and must be approved by the Building Official.. 5.4 Footings on or Adjacent to Slopes A. Scope. The placement of buildings and structures on or adjacent to slopes shall be in accordance with this Section. The provisions are intended to provide protection to the building from water from natural sources, mudflow, loose slope debris, shallow slope failures and foundation movement. B. Building Clearance from Ascending Slopes. In general, buildings below slopes shall be set a sufficient distance from the slope to provide protection from slope drainage, erosion, and shallow failures. Except as provided for in this Section, the following criteria will be assumed as the minimum required to provide this protection. Buildings shall be setback from the toe of slopes a distance equal to one-half the vertical height of the slope above the top of the footing or retaining wall with a minimum clearance of three (3) feet and a maximum clearance of fifteen (15) feet in accordance with Appendix D (standard 140). The maximum clearance may be reduced where recommended by the Soils Engineer and/or Engineering Geologist and approved by the Building Official consistent with Sections 5.4F and G. Detached i one story buildings not used for living purposes which do not exceed 500 square feet in area may extend one vertical to one horizontal, the required clearance shall MJ Grading Manual Page 28 be measured from a line where an imaginary plane two (2) horizontal to one (1) vertical is tangent to the slope. Where a retaining wall is constructed at the toe of the slope, the height of the slope shall be measured from the top of the wall footing to the top of the slope. C. Footing Setback from Descending Slope Surface. Footing on or adjacent to slope surfaces shall be founded in firm material with an embedment and setback from the slope surface sufficient to provide vertical and lateral support for the footing without detrimental settlement. Except as provided for in this Section, the following setback is deemed the minimum required to meet the criteria. Foundations shall be placed into firm material and located a maximum distance of ten feet or one-half the vertical height measured horizontally from the slope surface to the lower edge of the foundation in accordance with Appendix D (standard 140). Where the slope is steeper than one (1) vertical to one (1) horizontal, the required setback shall be measured from an imaginary plane two ( 2 ) horizontal to one (1) vertical from the toe of the slope. D. Pools. The setback between pools, spas and slopes shall be the same as the required building footing setback distance as indicated in this Section. E. Footing Elevation. On graded sites, the top of any exterior footing shall extend above the elevation of the street gutter at a point of discharge or the inlet of an approved drainage device a,minimum of twelve (12) inches plus two percent (2%) grade. F. Alternate Setback and Clearance. The Building Official may approve alternate setbacks and clearances when the compliance with the intent of this Section is demonstrated by an investigation and recommendation of a Soils Engineer and/or an Engineering Geologist. Such an investigation shall include consideration of type of material, height of slope, slope -gradient, load intensity, and erosion characteristics of slope material. Where adverse geological, soil and drainage conditions exist, the Building Official may require increased setbacks and clearances. G. Alternate Footing Elevation. The Building Official may approve alternate elevations providing it can be demonstrated that required drainage to the point of ' discharge and away from the structure is provided at all 1 locations on the site. Grading Manual Page 29 5.5 Drainage A. General. The drainage structures and devices required by this Section shall be designed in accordance with recognized principles of hydraulics. In addition, refer to Planting of Slopes and Hillside Guidelines in this manual for treatment of drainage devices. B. Disposal. All drainage facilities shall be designed to carry surface waters to the nearest practical street, storm drain, or natural watercourse approved by the Building Official or other appropriate governmental agency as a safe place to deposit such waters. If the drainage device discharges onto natural ground, rip -rap or a similar energy dissipator may be required. Level building pads shall have a minimum drainage gradient of two percent (2%) away from pads toward approved drainage facilities for a minimum of three feet horizontally from any structure. C. Drainage Terraces. Drainage terraces shall have a longitudinal grade of not less than four percent (4%) and not more than ten percent (10%) and a minimum depth of one (1) foot at the flow line. There shall be no reduction in grade along the direction of flow unless the velocity of flow is such that slope debris will remain in suspension on the reduced grade. Such terraces shall be paved with concrete not less than four (4) inches thick reinforced with 6" X 611/ #10 X #10 welded wire fabric or equivalent reinforcing. Drainage terraces exceeding eight feet in width need only be so paved for a width of eight feet provided such pavement provides a paved channel at least one foot in depth. Down drains or drainage outlets shall be provided at approximately two hundred (200) foot intervals along the drainage terrace or at equivalent locations. 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 downdrain. Downdrains and drainage outlets shall be of approved materials and adequate capacity to convey the intercepted waters to the point of disposal. D. Overflow Protection. A berm, a minimum of twelve (12) inches high by four ( 4 ) feet wide is required at the tops of all slopes. Berms, swales or other devices shall be provided at the top of cut or fill slopes to prevent surface waters from overflowing onto and damaging the face of the slope. Paved swales shall be a minimum of three feet in width and one foot in depth. Gutters or other special drainage control shall be provided where i� Grading Manual Page 30 the proximity of runoff from buildings or other structures is such as to pose a potential hazard to slope integrity. E. 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/or shall appear on the approved grading plan pursuant to the approval of the Soils Engineer and/or Geotechnical Engineer. 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. F. Easements. Any drainage system which crosses an adjacent property or properties before reaching a public right-of-way or other approved collection point shall be contained within a recorded non -revocable easement(s). Such point of entry to the public right-of-way or collection point shall be approved in writing by the Building Official and the City Engineer. 5.6 Haul Roads and Access Roadways Haul roads or temporary equipment access roadways shall be graded in compliance with the Grading Manual. Hazardous cuts shall not be made, and fills that will remain in place shall be properly founded and compacted. Such grading shall be inspected by the Engineering Geologist and by the Soils Engineer and shall be subject to the approval of both. Correction of hazardous or unsuitable conditions recognized shall be recommended by the Geotechnical Engineer and/or the Soils Engineer, and the contractor shall comply with the recommendations that are made. 5.7 Construction Excavations } A. Hazards. It shall be recognized that temporary construction excavations can be hazardous. Utility trenches or retaining wall excavations in loose or cohensionless soils can cave; so can deep excavations in ' firm and cohesive soils. Large blocks of rock can slip into excavations along geologic planes of weakness. Forces imposed on shoring as a result of the tendency of rock to slip along geologic planes of weakness can be greater than anticipated in the design of conventional Am Grading Manual Page 31 shoring and can be imposed in directions other than are assumed for design. Conventional shoring can prove to be inadequate. Excavations made to accommodate construction of compacted fill, buttresses or slope stabilization fills can fall along the geologic planes of weakness that necessitate the construction of these features. B. Safety Precautions. The contractor shall comply with applicable construction safety orders (CAL -OSHA) as superseded by Fed -OSHA. Construction excavations in bedrock shall be inspected by the Engineering Geologist, and geologic weaknesses recognized shall be brought to the attention of the other responsible parties. Recommendations for shoring of trenches as well as buttresses in unstable bedrock shall be made by the Soils Engineer on the basis of information provided by the Engineering Geologist and on the basis of such investigations and analysis as may be considered necessary. The contractor is responsible for the site safety. 5.8 Retaining Wall Backfills Retaining wall backfills shall be capable of transmitting anticipated earth pressures to retaining walls without allowing excessive deformation of retained earth or overstressing of walls. A. Only gravel, sand, or soil materials approved by the Soils Engineer shall be used as retaining wall backfill. That the physical properties of soil materials are consistent with wall design criteria shall be confirmed by the Soils Engineer before such materials are approved for use. Loose Soil or debris that may have accumulated behind retaining walls during construction shall be removed prior to placement of any backfill. B. Retaining wall backfills shall be adequately drained. C. Preservation of Drainage. Gravel or permeable material placed to assure drainage of backfill shall be protected from contamination during placement and from siltation due to infiltration of surface water. Paving or a two ' (2) foot thick cover of compacted soil of relatively low permeability shall be provided, and unobstructed outlets for surface water shall be maintained to prevent ponding behind the top of a retaining wall. D. Protection of Walls. Walls shall be braced to prevent their being displaced or .damaged as a result of high lateral pressures being imposed during compaction Grading Manual Page 32 wherever equipment capable of causing lateral pressures high enough to cause displacement or damage is used for compaction of retaining wall backfill. 5.9 Planting of Slopes A. Planting. The surface of all cut slopes more than five (5 ) feet in height and fill slopes more than three ( 3 ) feet in height shall be protected against damage by erosion by a variety of plant materials including grasses and ground cover, shrubs and trees (See Hillside Area Guidelines for additional information). Erosion control devices such as revegetation mats shall be utilized on slopes when required by the Soils Engineer or City of Tustin. The plants selected and planting methods used shall be suitable for the soil and climatic conditions of the site as validated by Landscape Architect and Soils Engineer. . Planting need not be provided for cut slopes rocky in character and not subject to damage by erosion and any slopes protected against erosion damage by other methods when such methods have been specifically recommended by a Soils Engineer, Geotechnical Engineer, or equivalent authority and found by the Building Official to offer erosion protection equal to that provided by the planting specified in this Section. Plant material shall be selected which will produce a coverage of permanent planting effectively controlling erosion. Consideration shall be given to deep-rooted plant material needing limited watering; to low maintenance during the lifetime of the project; to high root to shoot ratio (weight of above ground parts versus root system), wind susceptibility and fire retardant characteristics. B. Rodent Control. Fill slopes within a grading project located adjacent to undeveloped and unoccupied land determined by the Building Official to be infested by burrowing rodents shall be protected from potential slope damage by a preventative program of rodent control. C. Irrigation. Slopes required to be planted shall have a system of irrigation, designed to cover all portions of the slope and plans therefore shall be submitted and approved by the Director prior to installation. The requirements for permanent irrigation systems may be J modified by the Building Official and the Director of Community Development upon specific recommendation of a Landscape Architect or equivalent authority that because �Vl Grading Manual Page 33 of the type of plants selected, the planting methods used and the soil and climatic conditions at the site, irrigation will not be necessary for the maintenance of the slope planting. D. Release of Bond. The planting and irrigation systems required shall be installed as soon as practical after rough grading. Prior to final approval of grading and before the release of the grading bond, the. planting shall be established and growing on the slopes and, where required, there shall be evidence of an effective rodent control program. 6.0 SUPERVISION AND SITE INSPECTION 6.1 Supervision A. It shall be the responsibility of the supervising Soils Engineer (registered Civil or Geotechnical Engineer) to monitor the grading operations and to assist the grading contractor in coordinating site inspection and testing to assure compliance of the work with the approved grading plans, soils/geotechnical report, any recommendations of the Soils Engineer and/or Geotechnical Engineer during grading, the grading permit and the requirements of this Manual. The Soils Engineer shall submit periodic progress reports as required by the Building Official. At the completion of the rough and precise grading, the Civil Engineer shall verify in writing to the Building Official that all work is in compliance with grading plans. The verification for that portion of the work concerning the preparation of the existing ground surface and placing and compaction of fills shall be verified to the Building Official by the Soils Engineer of record. B. The Building Official may require sufficient inspections by the Geologist to insure that all geological conditions have been adequately considered and may recommend corrective measures incorporated in the work. C. All required reports, compaction data and soils engineering or engineering geological recommendations made during the grading operation shall be submitted to the Building Official. D. Notification of Noncompliance. If, in the course of fulfilling their responsibility the Civil Engineer, Soils Engineer, Geotechnical Engineer or Testing Engineer finds that the work is not being done in conformance with this Manual or the approved plans, approved by the Building Official, or in accordance with good accepted practices, Z, Grading Manual Page 34 the discrepancies shall be reported immediately to the person in charge of the grading work and to the Community Development Department, Building Division. Recommendations for corrective measures, if necessary, shall be submitted to the Building Official or his representative for approval. E. Termination of Services. In the event the Civil Engineer or the Soils Engineer or the Engineering Geologist is relieved of or otherwise terminates their duties prior to completion of the work shown on the grading plans, they shall report the fact in writing to the Building Official within 24 hours from the time of such termination together with a report on the status of the work at the last inspection. The work shall be stopped until the replacement has agreed in writing on behalf of the owner to accept the responsibility within the area of technical competence for verification upon completion of the work. F. Violation. It is a violation of this manual for any person to verify to the satisfactory completion of work as required by this manual if such work is subsequently found by the Building Official to have been in substantial noncompliance with the approved design or Manual requirement at the time of verification. The Building Official may refuse to issue building permits or may revoke building permits and grading permits and order the work to be corrected. The owner shall be responsible for making all needed corrections. 6.2 Grading Site Inspection by the Building Division 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 Building Division at least two ( 2 ) working days prior to the meetings and shall be responsible for notifying all principals responsible for grading or paving related operation. It shall be the duty of the person doing the work authorized by a permit to notify the Building Division 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 acceptable base has been exposed, but before any fill is placed. Grading Manual Page 35 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 (10) 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 Building Official. 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 Building Official. 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 record Civil Engineer shall provide a field memo that line and grade (construction staking) 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 Building Official. 2. Curb and gutter (private property): a. Subgrade (prior to placement of concrete) Subgrade is to be made, forms are to be replaced and the record Civil Engineer shall provide verification to the Building Official 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 ,44 Grading Manual Page 36 provided proper notification has been made to the Building Official. 3. Terrace drains, down drains, brow ditches, and all other paved drainage devices: a. Subgrade: Prior to placement of welded wire mesh or reinforcing steel, the record Civil Engineer shall provide a field memo to the Building Official that line and grade (construction staking) is set in accordance with the approved plans. b. Reinforcement: 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 Building Official. C. Drainage device other than concrete or gunite inspection 1. Subdrains a. After excavation but prior to placement of filter material and subdrain 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 drains and inlets a. After placement of storm drains but prior to covering with backfill, the Civil Engineer shall provide verification to the Building Official 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 f ield memo that line and grade is set in accordance with the approved plans. 3. Earth Swales a. Prior to rough grading approval. b. Prior to final grading approval. J Grading Manual Page 37 D. Rough Grade Inspection When all rough grading has been completed, .this inspection may be called for at the completion of rough grading. 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 record Soils Engineer, or his qualified representative, the record Soils Engineer shall provide a field memo to the Building Official 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 record Soils Engineer, or his qualified representative, but prior to prime coat and asphalt placement, the record Soils Engineer shall provide a field memo of compaction test results. The record Civil Engineer shall provide. a field memo to the Building Official 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 record Soils 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 Building Official. 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. I .101 Grading Manual Page 38 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 -graded plan will be required if, in the opinion of the Building Official, 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 plan and the requirements of the Building Official. H. Miscellaneous Inspections In addition to the inspections specified in this Section 6.2, the Building Official may make such other inspections as deemed necessary to determine that work is being performed in compliance with the Grading and Excavation Code and this -Manual. Investigation and reports by an approved soils testing agency and/or Geotechnical Engineer may be required. 6.3 Special Inspections The responsibilities and duties of a special inspector are provided in Section 306, Special Inspections, of the current Uniform Building Code as amended and adopted by the City of Tustin (see Appendix C). The Building Official may require special inspection for excavations, grading and filling operations to satisfy requirements of this Grading Manual or the Tustin Grading and Excavation Code (hereinafter the "Grading Code"). 6.4 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 LZ Grading Manual Page 39 Code or this Grading Manual provided any such alternate has been approved pursuant to this Section. B. The Building Official may approve any such alternate provided he finds that the 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 the prescribed in quality, strength, effectiveness and safety. C. The Building Official 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 Building Official 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 not appropriate test methods specified, the Building Official 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. 6.5 Safety Precautions If at any stage of the work the Building Official determines by inspection that further grading as authorized is likely to endanger any public or private property or result in the deposition of debris on any public way or interfere with any existing drainage course, the Building Official may order the work stopped by notice in writing served on any such persons engaged in doing or causing such work to be done, and any such person shall forthwith stop such work. The Building Official may authorize the work to proceed if adequate safety precautions can be taken or corrective measures incorporated in the work to avoid likelihood of such danger, deposition or interference. If the grading work has created or resulted in a hazardous condition, the Building Official shall give written notice requiring correction. Grading Manual Page 40 If the Building Official finds any existing conditions not as stated in the grading permit or not as shown on the grading plan, the work may be stopped until a revised grading plan has been submitted and accepted which includes provisions for such existing conditions. 6.6 Responsibility of Permittee A. Compliance with Plans and Manual. The permittee, agent, contractor or employee, shall carry out the proposed work in accordance with the approved plans and specifications and in compliance with all the requirements of this Grading Manual. B. Protection of Utilities. During grading operations the permittee shall be responsible for the prevention of damage to any public utilities or services. Any damage done to existing street improvements and utilities shall be reparied. C. Protection of Adiacent Property. The permittee under the grading permit is responsible for the prevention of damage to adjacent property and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property without supporting and protecting such property from settling, cracking, or other damage which might result. 7.0 STORM DAMAGE PRECAUTIONS 7.1 General The permittee shall put into effect and maintain all precautionary measures necessary to protect adjacent water courses and public or private property from damage by erosion, flooding, and deposition of mud or debris originating from the site. No grading permit shall be issued for work to be commenced between October 15 of any year and April 15 of the following calendar year, unless the plans for such work include details of protective measures, including desilting basins or other temporary drainage or erosion control measures, or both, as may be necessary to protect adjoining public and private property from damage by erosion, flooding, or the deposition of mud or debris which may originate from the site or result from such grading operations. If grading is to begin prior to October 15 and is expected to continue past October 15 in any given year, the approved `' erosion control plan devices shall be in place at the end of Grading Manual Page 41 each working day when the five (5) day rain probability forecast is forty percent (40%). Once in place, all erosion control devices are to be maintained in a good working order until April 15 of the succeeding year or same year where grading is begun after January 1st. After a rainstorm, the Building Official may allow the removal of erosion control devices and the operation may continue. However, all approved erosion control devices shall be stored on the project site in such a manner as to assure immediate implementation if required by the Building Official on the determination of a 40% chance of rain based on a five (5) day forecast. After a rainstorm, silt and debris shall be removed from check berms and desilting basins. Any graded slope surface protection measures damaged during a rainstorm shall also be immediately repaired. 7.2 Incomplete_ Work Where a grading permit is issued and the work is commenced after April 15 and before October 15 of any year and the plans for such work do not include details of the protective measures or it appears that the grading and installation of the permanent drainage devices as authorized by the permit will not be completed prior to October 15, then on or before October 15 the owner of the site on which the grading is being performed shall file or cause to be filed with the Building Official revised plans which include details of the protective measures. The revised plans required accompanied by an application plan checking fees. 7.3 Effect of Noncompliance by this Section shall be for plan checking services and Should the owner fail to submit the plans or fail to provide the protective measures by the dates specified in this Manual, it shall be deemed that a default has occurred under the conditions of the grading permit bond. Thereupon the Building Official may enter the property for the purpose of installing, by City forces or by other means, the drainage and erosion control devices shown on the approved plans, or if there are no approved plans, as he may deem necessary to protect adjoining property from storm damage, and charge the owner all costs therefore, or the Building Official may cause the owner of the site to be prosecuted as a violator of the Grading Code. Grading Manual Page 42 8.0 COMPLETION OF WORK 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 bonds or issuance of a certificate of use and occupancy, the Building Official may require: A. An as -graded grading plan prepared by the Civil Engineer, 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 stating that all grading lot drainage and drainage facilities have been completed and the slope planting and irrigation systems installed in conformance with the approved grading plan and the requirements of the Grading Code and this Grading Manual 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 location (rough grading). 3. Setting of all property corners 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 earthern berms and positive building pad drainage (rough and final grading). C. A soil engineering report prepared by the Soils 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, buttress fill key locations and "Col Grading Manual Page 43 subdrains should be located on an as -graded plan, 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 Soils Engineer shall provide a written approval as to the adequacy of the site for the intended use, as affected by soil engineering factors. The Building Official 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 Building Official, shall submit an as -graded 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. 9.0 SPECIAL RESTRICTIONS_ ON USE OF BUILDING SITES 9.1 Flood Hazards Buildings are not permitted in an area determined by the Building Official to be subject to flood hazard by reason of inundation, overflow or erosion. This prohibition shall not apply when provisions are made to eliminate such hazard to the satisfaction of the Building Official by providing adequate drainage facilities, by protective walls, by suitable fill, by raising the floor level of the building, by a combination of these methods or by other means. The placement of the building and other structures (including walls and fences) on the building site shall be such that water or mud flow will not be a hazard to the building or adjacent property. The Building Official in the application of this Subsection shall enforce, as a minimum, the current Federal Flood Plain Management Regulations defined in Title 24, Chapter X. Subchapter B, National.Flood Insurance Program, Part 1910 as incorporated in the City's Flood Plain Management Regulations. Ordinance No. 1005, adopted April 4, 1988.* e7 Grading Manual Page 44 9.2 Geologic Hazards No building or grading permit shall be issued when the Building Official finds that property outside the site of the proposed work could be damaged by activation or acceleration of a geologically hazardous condition and such activation or acceleration could be attributed to the proposed work on, or change in use of, the site for which the permit is requested. For the purpose of this section, geologically hazardous condition does not include ground surface displacement due to earthquake faults. work requiring a building or grading permit is not permitted in an area determined by the Building Official to be subject to hazard from landslide, settlement or slippage. These hazards include those from loose debris, slopeways and the potential for mud flows from natural slopes or graded slopes. For the purpose of this section, landslide, settlement or slippage does not include ground surface displacement due to earthquake faults. Subject to the conditions of this Grading Manual, permits may be issued in the following cases: 1. when the applicant has submitted a geological and/or engineering report or reports complying with the provisions of this Grading Manual which report or reports show that the hazard will be eliminated prior to the use of occupancy of the land or structures by modification of topography, reduction of subsurface water, buttressing, a combination of these methods or by other means. ' 2. when the applicant has submitted a geological and/or engineering report or reports complying with the provisions of this Grading Manual which report or reports contain sufficient data to show that the site appears to be in no danger for the intended use subject to review by the Building Official or his designated representative. 3. When the applicant has submitted a geological report complying with the provisions of this Grading Manual subject to review by the Building Official which report indicates that the site appears to be geologically safe for the proposed use but is located in an area subject to a hazard of a geological nature. Before a permit is issued the owner first shall record in the office of the Orange County Recorder the findings of such report or reports together with an agreement approved by the City Attorney relieving the City and all of its officers and `-' employees thereof of any liability for any damage or loss i S _X Grading Manual Page 45 which may result from the issuance of such permit. This agreement shall provide that it is binding on all successors in interests of the owner and shall continue in effect until the Building Official records in the office of the Orange County Recorder a statement that such hazard no longer exists. 4. When the work involves the alteration, or minor repair of existing structures and the cost of such alteration or repair does not exceed 25% of the value of the existing structure (based on assumed continuation of the established legal use). Before a permit is issued the owner shall record in the office of the Orange County Recorder: (1) A statement that the owner is aware that records of the Building Official indicate that the property is subject to a physical hazard of a geological nature, and (2) An agreement approved by the City Attorney releasing the City and officials and employees thereof of any liability for any damage or loss which may result from issuing such a permit. This agreement shall provide that it is binding on all successors in interest of the owner and shall continue in effect until the Building Official records in the office of the Orange County Recorder a statement that such hazard no longer exists. The repair work shall consist of restoring the original construction. Provisions may be made for adjustment of the floor in an anticipation of settlement. 5. When the work involves an addition or additions to an existing structure but is not a change in use or occupancy and such work does not increase the area of the structure more than twenty-five percent (25%) of the area of the existing structure. Before a permit is issued, the applicant shall submit a geological and/or engineering report or reports complying with this Manual which report or reports contain a finding that the proposed increased use of the site will not be geologically unsafe, and the owner shall record in the office of the Orange County Recorder: (1) The findings of such report or reports; and (2) An agreement approved by the City Attorney relieving the City and all officers and employees thereof of any liability for any damage or loss which may result from the issuance of such a permit. This agreement shall provide that it is binding on all successors in interest of the owner and shall continue - in effect until- the Building Official records in the office of the Orange County Recorder a statement that the hazard no longer exists. 6. When the work involves a one-story light frame accessory structure not intended for human occupancy and not cra Grading Manual Page 46 exceeding forty (40) square feet in area nor twelve (12) feet in height. 7. When the work involves repair of single family residences and accessory buildings where the cost of such repair exceeds twenty-five percent (25%) of the value of the existing building or involves the replacement of such structures where the loss to be replaced was due to causes other than landslides, settlement or slippage. Before a permit is issued the owner shall: (1) Record in the office of the Orange County Recorder a statement that the owner is aware that the records of the Building Official indicate that the property is subject to physical hazard of a geological nature and an agreement approved by the City Attorney relieving the City and all officers and employees thereof of any liability or damage or loss which may result from the issuance of such a permit. This agreement shall provide that it is binding on all successors in interest of the owner and shall continue in effect until the Building Official records in the office of the Orange County Recorder a statement that such hazard no longer exists; (2) Submit calculations and plans for the proposed reconstruction prepared by a registered Civil Engineer and be designed to minimize damage while accommodating the amount of vertical and horizontal displacement which the engineer determines are probable or which have occurred since the original structure was built whichever is greater. 9.3 Other Restrictions Not withstanding any other provisions of this Subsection, the Building Official may deny a permit for any building, structure or grading subject to a hazard of a geological nature which cannot be mitigated and may endanger the health or safety of the occupants, adjoining property or the public. 10.0 HILLSIDE GUIDELINES The guidelines contained in this section represent specific design guidelines and performance criteria that are to be achieved in the implementation of development objectives within hillside areas subject to Hillside Review as defined in the Grading Code. Some of the guidelines are followed by examples illustrated at the end of Section 10 of alternative ways that the guidelines may be achieved. These examples are not mandatory solutions but are intended to illustrate possible ways to achieve the guideline. Alternative solutions may be acceptable subject to review by the Department of Community Development. i Grading Manual Page 47 10.1 Land Modifications A. Guidelines 1. Where level pads are required, the pads should conform to the direction of the contours when this type of solution does not conflict with desirable drainage solutions. A series of smaller pads that are curvilinear and follow the form of the hillside are preferable to large, square shaped pads. Where feasible retain natural drainage courses in their original condition (Refer to Figure 1, page 52a). 2. When feasible, where level areas are needed, grading concepts should provide variety in the steepness of slopes and their configuration consistent with recommendations of a Soils Engineer and Geotechnical Engineer. Where major recontouring is proposed, especially in the lower, more gently sloping hillsides, the concept of contour grading should be used to blend the graded slopes with the natural undulating character of the hillside landform (Refer to Figures 2 and 3, pages 52b and 52c). 3. Grading on hillside areas should soften hard edges left by cut and fill operations where an adverse .visual impact may occur (Refer to Figures 41 5 and 6 pages 52d, 52e and 52f). 4. Created slopes, either cut or fill that are adjacent to roadways should be graded in such a way that an undulating appearance in the graded plane is provided for a more pleasing visual appearance to the road (Refer to Figure 6 page 52f). 5. Cluster development to minimize grading impacts and/or retain natural features. 6. Design roadways to conform to existing topography, where feasible; consider modified road standards to reduce adverse grading impacts. 7. Grading should incorporate open slope areas (graded or natural) which are landscaped and provide an appearance of a natural hillside. 8. Access roads which climb along a slope should incline and vary in their gradient rather than maintaining a constant grade, to provide open slopes i and minimize the appearance of a row structure of Jhomes. Grading Manual Page 48 9. Access from ridges and canyons to short cul-de-sacs should be utilized so that open landscaped slopes can be provided. 10. Minimum grading of the knoll as shown in the East Tustin Specific Plan is encouraged. Where recontouring is proposed on the lower, flatter portions of the knoll, the concept of contour grading should be used. B. Design Criteria 1. No slope shall have a slope angle steeper. than 2:1. Shallower slope angle may be required where detailed in soil and geologic studies. 2. Cut and fill slopes in excess of 200 feet in length should have curvilinear configurations consistent with recommendations of the Soils Engineer and Engineering Geologist. The bank and/or top of slope shall be curved in a convex or concave manner to provide a variety of slope ratios. The radius at the toe of slope shall be no greater than 300 feet. 3. A variety of slope ratios and horizontal radii shall be used to blend manufactured slopes into the adjoining natural terrain to provide adequate transition and to avoid abrupt changes between manufactured and natural slope banks. At intersections of manufactured and natural slopes, a gradual transition of rounding or contours with a minimum radius compatible with the existing natural terrain shall be provided. Manufactured slope banks intersecting at or near right angles should be rounded with a radius at any corner location of no less than 25 feet (Refer to Appendix O, Standard B137). 4. Where manufactured slope banks approach roadways at or near right angles above the elevations of the roadway, the slope should be flattened at the point of intersections to a slope ratio of 3:1 or flatter through the curb returns (Refer to Appendix C, Standard B139). 5. Where slope configuration is controlled by design of a roadway, slope banks in excess of 25 feet in height adjacent to roadway shall be screened by use of planting bays at toe of slope and adjacent to road right-of-way. A variety of slope ratios and horizontal radii shall be used to blend into �� adjoining slopes. Bay widths should be a minimum Grading Manual Page 49 of 10 feet and a maximum of 100 feet with 250 feet maximum spacing between openings. Planting bays should be further contoured and planted with a combination of tree sizes. The actual tree sizes, locations and number shall be subject to review and approval of the Community Development Department (Refer to Appendix D, Standard B136). 10.2 Siting Guidelines A. Whenever possible locate property lines at the top of the slope (Refer to Figure 7, page 51g). However; the property line locations may be considered if such design would not inhibit proper maintenance access, or use of the slope subject to compliance with other Hillside Design Guidelines and subject to review by the Community Development Department. B. Sites should be 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. C. Site building and align roadways to maximize public visual exposure to major natural features such as the north -south Peters Canyon ridgeline, the redwood/cedar grove, the knoll and major tree stands in the East Tustin Specific Plan where retained. D. on slope areas steeper than 25 percent, typical padded lot solutions will be avoided. Minimize grading by carefully siting buildings and roads to conform with the natural topography where feasible (Refer to Figure 8, page 52h). E. Structures should be sited so that roof slope follows slope of natural grade (Refer to Figure 7, page 52g). F. Preserve the open space values of the central Peters Canyon ridge as identified on Exhibit A in the East Tustin Specific Plan by excluding buildings from being developed on the top of the ridgeline and by careful siting of structures and landscaping adjacent to the ridgeline. G. Site the top of roof lines and structure so that they occur below the elevation of central Peters Canyon ridge as identified in the East Tustin Specific Plan (Refer to Figure 9, page 52i). /( H. Development or grading of ridgelines other than the central Peters Canyon ridge as identified in the East 9 j 1 b Grading Manual Page 50 Tustin Specific Plan may occur subject to discretion of the Planning Commission pursuant to hillside review, provided all possible measures will be taken to minimize the amount of grading and to mitigate adverse visual impacts to surrounding areas. Permitted recontouring should result in a rounded appearance to resemble natural terrain, providing wherever possible a backdrop for development. No excessive, flat planed reconstruction shall occur (Refer to Figure 10, page 52j). I. Placement of roads and trails and underground utilities on top of the Peters Canyon ridgeline should be accomplished with minimal disruption to the natural contours. J. Siting of proposed structures so that maximum concealment of a created cut slope is achieved (Refer to Figure 9, page 52i). 10.3 Drainage Guidelines A. Catch basins or siltation basins, as well as energy absorbing devices, should be provided as a means to prevent erosion when grading is being undertaken in hillside areas. B. Drainage devices should be placed on a graded slope as inconspicuously as possible. C. Down drains should be placed in swales. D. Where brow ditches are required, berm or screen with plant materials to conceal drain as much as possible and where needed where the ditch will be visible and not damage drain when plant materials mature (Refer to Figure 11, page 52k). E. Where brow ditches are required, soften the appearance created by the natural concrete with natural rock or tint concrete with an appropriate earthtone color or other treatment to blend with surroundings when needed and where the brow ditch will be visible as determined by the Community Development Department. F. Raise the downhill lip of the brow ditch to shield the ditch from view (Refer to Figure 11, page 52k). 10.4 Vegetation and Planting Guidelines A. All graded slopes (cut or fill), including roadsides, should undergo permanent revegetation in a timely manner `� to minimize chance of erosion and siltation. rM Grading Manual Page 51 B. Use landscaping plant materials as a supplement to the backdrop of housing adjacent to the Peters Canyon ridgeline. Retain natural landscape as much as possible (Refer to Figure 12, page 511). C. Use plant materials to conceal cut slopes (Refer to Figure 12, page 511). D. Incorporate the character created by the existing eucalyptus groves in the design of development in East Tustin to the extent feasible and consistent with fire safety. E. Include only passive uses of preserved open space with natural landscaping and fire resistant materials, where necessary. F. Cluster development in order to selectively mass open space and.to preserve significant trees. G. Where preservation is not feasible, new tree plantings can be incorporated which will recreate the character -of the original stand. H. Incorporate planting in new development areas to be compatible with the character and quality of the natural surrounding environment. I. Groupings of trees in swales and property lines should maintain views wherever possible (Refer to Figure 13, page 52m). J. The placement, selection and design of plant materials should create a visual undulating appearance to enhance contour graded slopes and to enhance the appearance of conventionally graded slopes (Refer to Figure 14, page 52n) . K. The interface between developments and open space and internally between structures on slopes is critical to blending architecture and landscaping and shall be given special attention. 10.5 Circulation Guidelines A. The City of Tustin road standards apply to Hillside areas. However, in order to minimize road alignment and grading impacts in the hillside areas, modifications of road widths, radii, and gradients will be considered where adequate road safety requirements are met. Any proposed reduction in road standards must be approved by :-s Grading Manual Page 52 the City of Tustin's Director of Public Works (Refer to Figure 8. and 15, pages 51h and 51o). B. Hillside roadways shall be designed to conform to safe driving requirements. C. Common or joint drives or driveways in single family development shall be considered if grading is reduced by their use. D. Special streets such as split level streets may be acceptable subject to detailed engineering studies and when authorized by the City Engineer. 10.6 Architectural Guidelines A. Building forms shall be sited and scaled to the particular environmental setting so as to compliment the hillside character and to avoid excessively massive forms. Colors of buildings shall be selected to blend with the natural colors and hues of surrounding hillsides. Reflective coatings such as chrome or glass or bright colors shall be used only if demonstrated that structures will not become distracting features in the hillside environment. Roof colors should be darker colors avoiding bright colors with special attention paid to coordinating roof design because of the dominant appearance of roofs in the landscape. Retaining walls shall be designed with smooth, continuous lines that conform to the topography. Along roadways, special attention should be paid to the height of walls to avoid a contained, channel -like effect. B. Continuous rear yard fences and walls across the top of' slopes shall be coordinated in design and use of materials. Grading Manual Page 52a DO THIS T. LARGE SQUARE PADS SMALL PADS I WHICH FOLLOW CONTOURS Figure 1 Grading Manual Page 52b - INSTEAD OF REGULAR SLOPES SHARP CUT - ' •phi '�. . . DO THIS VARIED SLOPES SMOOTH CUT . r Figure 2 -.� Grading Manual Page 52c �uq�� _ -mit► TRANSITION HARSH� DO THIS - 41 1 5 3 2 ' SMOOTH 1 �TRANSITION� Figure 3 Grading Manual Page 52d INSTEAD OF UNNATURAL J / CUT ca'I.OPE �\\ --E 125\• / 100�� / I i �50 i DO THIS STANDARD CUT INTO NOSE OR RIDGELIKE ooe 12 5 Loo0l 75 ROUND OFF CUT EDGES TO CONFORM TO ITHE NATURAL GRADE Figure 4 Grading Manual Page 52e 2:1 SLOPE BANK ENGINEERED SLOPE BANKS LOOK FORCED AND UNNATURAL DO THIS " 2:1 SLOPE BANK ROUNDED.. ' CONTOURED EDGES ' 3:1 SLOPE q1 VARIETY IN SLOPE , BANKS GRADIENTS • CREATES A NATURAL APPEARANCE Figure 5 uraaing .Manual Page 52f INSTEAD jF nYr' • 4 I. • • •��_ �' STRAIGHT SLOPE BANK HEIGHTENS MONOTONY OF ROADWAY LANDSCAPE DO THIS VARIETY IN UNDULATING' SLOPE BANK CREATES PLEASING ROADSCAPE Figure 6 Grading Manual Page 52g DO THIS STEP STRUCTURE WITH SLOPED ROOF IN GENERAL DIRECTION OF THE NATURAL SLOPE ❑ •,�~, Fi gure 7 Grading Manual Page 52h p LU Z = Q p . Z � O •. (1) CL O( LLJ a • 0 U U Z Q CC 0 4 • • Q LCI t LTJ • F -a U a.. LU • • LL Cr- . p 0 ' W ~W Z \� o Z n - Z W Z W U) Fi gure 8 W Z .._ O \ map CC `\ 1 IgQ � zD Z�Q.. Uj-. r.�. . .- U p�Z Q W LLJ - (n > \ . Z p Q ' 0 -: Z Y Z m U) L�1. cc•! Y • ` Ui CC 1' It,is.. \ map CC `\ 1 zoo � zD 1 t 1 - Z Q I U p�Z LLJ \ va. uu.a.aa fj aauaauu.i Page 52i DO THIS STRUCTURE SHOULD FALL BELOW TOP OF RIDGE ELEVATION RETAIN RIDGELINE TO PROVIDE VISUAL BACKDROP FOR DEVELOPMENT -- - -- - - - - - - t7 . • • . DO THIS HIDE A CUT SLOPE WITH STRUCTURE • • Figure 9 Grading Manual Page 5 2 j INSTEAD OF • KNOB REMAINING • FROM CUT /0000� • UNNATURAL . EDGE ' DO THIS ROUND -OFF CUT SLOPES 00 KEEP RIDGE' ::.........:.:::.. • NATURAL ' TERRACED AND • LANDSCAPED • REMOVE • CUT KNOBS AND ROUND -OFF SLOPE . Figure 10 • Grading Manual Page 52k DO THIS SKYLINE PLANTING ' r e UNDULATING PLANT MATERIAL �� • LANDSCAPING TO SCREEN • • DRAINAGE SYSTEM Figure 11 Grading Manual Page 521 DO THIS USE LANDSCAPE PLANT MATERIAL AS A SUPPLEMENT OR SUBSTITUTE FOR RIDGELINE BACKDROP IF RIDGE IS GRADED. DO THIS TREES AND SHRUBBERY TO SOFTEN APPEARANCE OF CUT SLOPE 41 1 �Y.- • Figure 12 t I Grading Manual Page 52m m^ -rt_i I c • LOCATE PLANT MATERIAL IN SWALES TO SIMULATE • THE NATURAL CONDITION nn TWI-q CLUSTER TREES ON PROPERTY LINES TO SCREEN BUILDINGS AND ALLOW VIEWS ®r RW,. e - MAINTAIN /MAINTAIN VIEWS VIEWS Figure 13 INIJ Page 52n INSTEAD uF CONVENTIONAL .. �, PLANTING r _ REGULAR VISUAL PLANE IN CROSS SECTION ,.�Ao lop 2: 1 SLOPE • ,•I• D4 THIS •« .r�•Liilr+�� � V� LANDFORM PLANTING r IRREGULAR VISUAL PLANE 1 IN CROSS SECTION - wlri ,pp- ;• • /000 2:1 SLOPE IMP 0000, f ,r• Fi gure 14 Grading Manual Page 52o INSTEAD OF STREET '• ' STRAIGHT RIGID STREET PATTERN DO THIS i NATURAL _ PATTERN h . •�r1r SIX- Figure 15 J 1 Grading Manual Page 53 11.0 SLOPE WARRANTY PROGRAM Subsection C(8)n. of Section 8914 of the Tustin Grading and Excavation Ordinance, which applies to hillside areas of the City, imposes the following requirement: "Preparation and recordation of a declaration of covenants, conditions and restrictions providing 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 applicant and/or owner implementation of a Slope Warranty Program subject to approval and review by the City Attorney and Planning Commission, and subject to appeal to the City Council." Compliance with the following Slope Warranty Program will satisfy this requirement. 11.1 Statement of Objectives There have been instances in other cities where a slope failure has occurred, and the required slope stabilization and repair work has been delayed while the potentially responsible parties have argued among themselves concerning actual responsibility. The City of Tustin wishes to avoid that situation with development in its hillside areas. The primary method chosen for accomplishing that goal has been to identify a responsible person or entity who will be obligated to make interim emergency repairs and stabilize any slope displacement while ultimate responsibility is being determined. The program is not intended to and does not supersede the requirement for bonds to assure performance of the grading work in accordance with approved plans and specifications or to guarantee maintenance and repair of City streets, all as set forth in Tustin City Code Section 8917(c) and Section 4.2 of the Grading Manual. 11.2 Program Description A. With the exception of minor grading projects described in Tustin City Code Section 8914c(4), an applicant for a grading permit must show compliance with this Slope Warranty Program (the "program") prior to issuance of a grading permit by the City. B. The following slopes ("warranty slopes") will be covered by the Program, and identified by the Planning Commission as part of the grading concept approval: Grading Manual Page 54 1. Manufactured slopes equal to or greater than five (5 ) feet in vertical height and having an average slope at or steeper than four (4) horizontal to one (1) vertical foot but not to exceed two to one; and 2. Other manufactured slopes which, in the judgment of the Planning Commission should be included in the Slope Warranty Program because of the existence of a substantial risk to public improvements or the property of another party in the event of a slope failure. 3. An individual lot owner who is building on a custom lot or a single-family homeowner may be exempt from this Program if the Planning Commission, for good cause shown and upon making both of the findings set forth below, exempts from this Program those warranty slopes which, in the judgement of the Planning Commission: (a) do not pose a risk of harm to public improvements; and (b) do not pose a risk of harm to the property of another party. In making such determination the Planning Commission shall consider, among other things, the proximity of the proposed manufactured slope(s) to public improvements and the proximity of the proposed manufactured slope(s)-to adjacent real property and structures (including proposed structures). C. As a condition to issuance of any grading permit that will involve the creation or alteration of any warranty slopes, the landowner shall deliver to the City a written - agreement (the "Repair Agreement") that the landowner shall undertake, or cause to be undertaken, interim emergency repairs of any "slope displacement" occurring within three(3) years of the certification of completion of the grading work for the slope, unless the Repair Agreement is earlier terminated as described in this i Program. Certification of completion of grading shall be when said slope is certified by the City and within 90 days of installation of all required and effective planting. The phrase "slope displacement" shall mean the following: (� 1. Displacement of soil on a warranty slope at a depth of two feet or more (measured at right angles to the j slope face), with vertical movement of one foot or l Grading Manual Page 55 more, regardless of cause, and regardless of the square footage involved, or 2. Displacement of soil on a warranty slope with vertical movement of one foot or more and involving an area of at least 900 square feet, regardless of depth and regardless of cause. Slope displacement does not include surface cracking or fissures, erosion (unless erosion ultimately result in slope displacement) or displacement of soil caused solely by earthquake or seismic activity. D. Any Repair Agreement shall be terminated in whole or in part, as applicable, by: 1. City's issuance of a subsequent grading permit for any warranty slope (which shall require prior compliance with this Program), except where subsection I(3) of Section 11.2 of the Grading Manual applies. In the event the Repair Agreement covers more than one (1) slope, a subsequent grading permit will terminate the repair obligations only as to the slopes or portions thereof effected by the subsequent permit, or 2. City approval of a substitute Repair Agreement, in accordance with Sections F or I(1) of Section 11.2 of the Grading Manual. City shall give written notice of such termination to the obligor under the Repair Agreement. E. Upon the formation of a Homeowners' Association charged by the CC&R's with the responsibility for maintaining and repairing the warranty slopes, unless a substitute Repair Agreement and security is provided by the Homeowners' Association directly to the City as set forth in subsection F. the obligations under Repair Agreement(s) covering the same slopes shall continue, but the obligation thereunder to make emergency repairs in the event of a slope displacement shall be secondary to the obligation of the Homeowners' Association to undertake that repair, and shall operate in the same manner as a performance bond or similar security for the obligation of the Homeowners' Association to undertake such repairs. In the event a Homeowners' Association is unable or. unwilling to perform the repair in a timely manner, City shall provide written notice to the obligor under applicable Repair Agreement of its obligation to'perform the Agreement. The time specified for performance shall J Grading Manual Page 56 be thirty (30) days, unless City determines, in its discretion, that the slope displacement poses a substantial risk of harm to public or private improvements, in which event a shorter time frame for action may be specified. F. Any Repair Agreement with a Homeowners' Association or by any personal entity having a net worth of $1,000,000.00 or less, as determined by City pursuant to subsection G of Section 11.2 of the Grading Manual, shall be secured in one of the following ways, at the election of the Association or landowner. Such agreement and the security therefore shall be subject to the approval of the Director of Community Development and the City Attorney. 1. Delivery of a bond or bonds by one or more duly authorized corporate securities, in an amount equal to fifty-five cents ($0.55) per square foot of warranty slope face, but in no event more than $100,000.00 (the "Security Amount"). The bond shall name the City as a beneficiary and shall include reasonable costs and expenses, including attorneys' fees, incurred by City to enforce the obligations of the agreement; 2. Deposit of an amount of money equal to the Security Amount with the City or a City -designated escrow agent or trust company; 3. Delivery of an irrevocable letter of credit payable to the City in the 'Security Amount issued by a financial institution(s) subject to regulation by the state or federal government; 4. Delivery of a performance guarantee in a form approved by the City Attorney, executed by a person or entity having a net worth exceeding $1,000,000.00, as determined by the City pursuant to subsection G below, and who is: (a) a legal or equitable owner of the land containing the warranty slopes, or (b) a developer or subdivider of such land, or (c) a person or entity who is a joint venturer or venture partner in any such owner, developer or subdivider. Such person or- entity shall agree to perform the obligations of the Homeowners' Association in the event that the Homeowners' Association is unwilling or unable to perform. The performance guarantee shall provide for the award of City's reasonable costs and expenses, including attorneys' fees, in rs Grading Manual Page 57 the event the guarantor fails to perform and the City shall be entitled to seek specific performance and/or damages pursuant to CCP Sections 638, et seq.; or 5. Written proof to the satisfaction of the City of the establishment of a separate slope maintenance and repair reserve by the Homeowners' Association equal to the Security Amount. G. In determining whether any person or entity has a net _ worth exceeding $1,000,000.00 as provided in paragraph 6 above, the Director of Community Development may rely upon a declaration made under penalty of perjury executed by such person, or an officer of the entity, the effect that the person or entity is worth more than $1,000,000 in real or personal property, over and above all debts and liabilities. In addition to the penalties for perjury, it shall be a misdemeanor for any person to _ deliver to the City a declaration that is untrue, and the City shall be entitled to recover treble its damages incurred as a consequence of a delivery to it of a false declaration. The declaration shall include the following acknowledgement, in bold-faced type, of this provision of this Slope Warranty Program: IT IS HEREBY ACKNOWLEDGED AND UNDERSTOOD THAT THE CITY INTENDS AND WILL RELY UPON THE ACCURACY OF ALL STATEMENTS CONTAINED IN THIS DECLARATION. THE DECLARATION FURTHER ACKNOWLEDGES, UNDERSTANDS AND ACCEPTS THAT, IN ADDITION TO THE PENALTY OF PERJURY, IT IS A MISDEMEANOR FOR ANY PERSON TO DELIVER TO THE CITY A DECLARATION THAT IS UNTRUE, AND THAT THE CITY SHALL BE ENTITLED TO RECOVER FROM DECLARANT AND THE ENTITY ON WHOSE BEHALF THIS DECLARATION IS EXECUTED, TREBLE ITS DAMAGES INCURRED AS A CONSEQUENCE OF A DELIVERY TO IT OF A FALSE DECLARATION. H. A Repair Agreement with any person or entity exempted under subsections F and G of Section 11.2 of the Grading Manual from providing security shall provide that City shall be entitled to specific performance, and/or damages pursuant to CCP Sections 638 et seq. , and that City shall also be entitled to its reasonable costs and expenses, including attorneys fees, in the event the landowner fails to perform and City is forced to seek specific performance or perform the repair itself. I. No individual lot owner will be issued a permit to grade a warranty slope during the warranty period unless: (1) the owner provides a substitute Repair Agreement, with adequate security, as described in Subsection F of ..f. 1 i J Grading Manual Page 58 Section 11.2 of the Grading Manual; (2) delivers to the City a written guarantee from the slope warrantor and its surety that such grading will not terminate the warranty; or (3) the grading is otherwise exempted from this program. In the case of (3), City shall first demand that any slope displacement be repaired by the lot owner. Any substitute warranty security or guarantee shall be subject to approval of the Director of Community Development and the City Attorney. J. Any warranty provided under this Program represents a commitment to make emergency repairs as reasonably required by the City to stabilize the slope and prevent further displacement, and is not a commitment to undertake a complete and final restructuring and repair of the slopes displacement. Any repair work undertaken under this Program shall not be an admission of ultimate liability for the slope repairs. The person or entity performing repair work as required by this Program shall be entitled to recover the costs incurred in such performance from the person or persons ultimately found to be liable for the slope displacement. K. This Slope Warranty Program only deals with the obligations owing to the City. Any person giving a warranty to the City under the Slope Warranty Program may privately contract with another party to be held harmless from and against the liabilities created, although the City shall not be required to release the warrantying party. L. A sample Slope Repair Agreement (owner), a sample Slope Repair Agreement (where a Homeowner's Association assumes Owner' s Repair Agreement) , and a Declaration of Net Worth are included as Appendix E of this Manual. CAS:pef APPENDIX A TECHNICAL GUIDELINES FOR SOIL AND GEOLOGY REPORTS r Technical Guidelines for _,Al and Geology Reports Part V Residential, Commercial and Industrial Subdivisions (tracts and parcels) - identifies the report content for preliminary grading permits of large commercial and industrial subdivisions and prel_J:.ni- nary and precise grading. permits of residential subdivisions in flat- land and hillside areas (additive to the requirements of Part I and - applicable items of.Parts II and III). Part VI Rough Grade Compaction Reports - identifies the report content for preliminary and precise grading permit rough grade compaction reports. Due to particular site conditions, proposed improvements or the policies of test- ing firms or project consultants, some of these items may be included in subse- quent reports on the same project with the conditional approval of •?'.A. GRAD INC PLkN REVIEW REPORT: A grading plan review report is an evaluation of the conclusions and recoc•..menda- tions in the preliminary soil and geology report as they relate to the proposed grading plan. • It is usually required when there are changes in the proposed developments, consulting firms, soil engineer or engineering geologist, an update of the preliminary report or signatures are needed, or the project is a conversion to precise permit application. The grading plan review reports are supplements to the preliminary reports and are an opportunity for the consultants to review the planned development. The purpose is'to determine if the preliminary reports are adequate and complete for the presently planned grading and construction on the site and if the conclusions and recommendations still apply- to the proposed operations. It is not intended that the soil engineer or engineering geologist approve or disapprove the. grading plan, but provides them an opportunity to update the preliminary reports and include additions or qualifications as ner:es- sa ry. The date and name of the person preparing the latest grading plan re- viewed should be identified for reference purposes. PART 1: TECHNICAL GUIDELINES FOR PREL1110ARY REPORTS ( SOIL REPORTS) ON S INGZE FAMILY DWELLINGS IN FLATLAND AREAS A. General 1. Signature and RCE number of project soil engineer. 2. Job address. 3. Location description and/or location index map with reference north, scale, etc. 4. Description of site conditions (topography, relief, vegetation, man --Wade features, drainage and watershed). _ S. Proposed grading (general scope, amount, special equipment and/or methods if applicable) . 6. Planned construction (type of structure and use, type of construction and ' foundation/floor system, number of sto Lies, estimated structural loads). Technical Guidelir for Soil and Geology Reports B. Field Investigations 1. Scope (date cork dcne, investigative wethods, sa= Yling met„ods, ?cgs c: borings%test pits, elevations of borings/test pits for re.fErer.ce oA. ,,ace:- ials and samples to finished grade or footing elevations, ident�Zv rea.' or assumed elevations. _'. Plan with legend sho-wing: site li=ics, terrain features, man-=ade fea- tures, boring/test Fit locations, proposed improvements (includ;.^.r slopes with ratios, soil,lieits, daylite lines, paving areas, recairin3 walls, subdrains, cverexcava.ion/cleanout/uncertified fil'_ areas). 3. Location of all samples caken, surface and subsurface. Gruundwate& conditions and potential (future natural and artificial see- page effects). C. Engineering/Material Characteristics and Testing 1. Test methods used, cype or condition of samples, applicable engineerinzz ff ranhi cs and ca lcula c ion' , results of all tests, and sample locations o+ all tcsc samples. Unified Soil Classification of materials. 3.. Material competence and strength.1 a. Field densities (and relative compactions where pertinent) and mois- ture content. b.* Shear strength of foundation material (drained. or undrained condi- cions, eifeccive stress ur total stress analysis, in-situ or re=olded • sair..p les must, he identified) . c. Consolidation ur sectlemenc-pocencial. d. Expansion potential. ' 4. ?Maximum density -optimum moisture parameters of proposed fill material available by Uniform Building Code Standard No 70-1 or approved- equivalent. 5. Shrinkage and/or bulking factors. D. Foundation Design Criteria 1. Footing depth and width.l 2. Criteria fur foundation material preparacion.l. 1 U.B.C. requirements may be used as an alternative: soil classification• of ' founding materials by U.B.C. standard X129-1 and use minimums. and* maximums based on U.B.C. Tables 29-A and 29-3 or approved equivalent. B-3 - J Technical Guidelin, for Soil and Geology Reports • 7. Opinion as to adequacy of site for the proposed development. This opinion should also be s=.aarized in the first part or the report). 8. Other pertinent geotechnical Information for the safe development of the site. oT II : TECHNICAL GUIDLIYES FOR PRELIMINARY REPORTS ( SOIL AND GEOLOG`f SINGLE FAMIILY D�c,LL1"NGS IN' HILLSIDE AREAS All guidelines listed in Part I for preliminary reports are applicable in acdi- tion to the following: A. General 1 . Engineering geology report with signature and CEG number of project er.gi- neering geologist (generally needed depending on site conditions and: proposed developments). 2. Source of base map with date. 3. Geologist performing :tapping (if different than signing CE -G). 4. Geological setting including general description, index of site on portion of recent large scale geologic map (if .available) and references to pre- vious reports (or published papers) and aerial photo data on site area. 5. Topographic features and relationship to site geology (outcrop distri- bution, slope height and angles and/or ratios, dip slopes, cliffs, faults contacts, erosion pattern, etc.). B. Field Investigations 1. Geologic map showing: site geology, approximate location of proposed keyways, proposed buttresses, proposed or existing subdrains, seeps or springs, etc., and be suitable for the general purpose in its size, scale and manifestation and contains an adequate legend. The map should have highlighted representative geologic data of sufficient amount and location for evaluation of: general rock or soil unit distribution, geologic structure, downslope movement features (including soil/rock creep), groundwater conditions, subsidence/ settlement features or poten- tia 1, and other pertinent site c haracteriscics. 2. Substantiation of any known gross differences of opinion with recently available geologic reports or published data or maps on site area. C. Earth Materials (Bedrock and Surficial Units) 1. Unit classification,_ general lithologic type, geologic age, or.Ag-n. 2. Unit description and characteristics (in sequence for.relacive age) in- cluding: _ a. Composition, texture, fabric, lithification, moisture, etc. Technical Guidelines for „,jil and Geology Reports b. Pertinent engineering geologic attributes (clayey, weak , loose; aiiga— ments,fissility, planar boundaries; pervious or water—bearing parts; susceptibility to mass Wasting, erosion, piping, or compress:b'_lity). c. Distribution, dimensions, or occurrence (supplemental to data furnished on illustrations). d. Suitability as•construction and foundation material. e. Effects and extent of weathering (existing and relationship to project design and future site stability, material strength, etc.). D. Geologic Structure 1. General structure Distribution of structural features including position, attitude, pa te=n and frequency o f : a. Fissures, joints, shears, faults and other features of discontinuiL;F. b. Bedding, folds, and other•planar features. 3. Character of structural features including:• continuity, width of zones and•activity, dominant vs. subordinate, planar nature, plunge, depth, open vs. closed (degree of cementation or infilling), gouge. 4. Structural or cross—sections (one or more appropriately positioned and referenced on map; especially through critical areas, slopes and slides) of suitable size and engineering scale; with labeled units, features and structures; and a legend. These sections should correlate with surface and subsurface data showing representative dip components, projections, and stratigraphic/structural relationships. E. Stability Features and Conditions 1. Adequate. mapping, sections and description showing position, dimensions and type of existing downslope movement features including soil/rock creep, flows, falls, -slumps, slides if any.. 2. Activity, cause or contributing factors of downslope movement features. -- 3. Recent erosion, deposition, or flooding features. 4. Subsidence/settlement, piping, solution -or other void features or condi— tions. 5. Groundwater and surface drainage characteristics or features. a. Surface expression (past and present); permeability/porosity of near surface materials. _ b. Actual or potential aquifers or conduits, perching situations, barriers, or ocher controls to percolation and groundwater movement and fluc— ftu.ation of groundwater levels at the site. J Technical Guidelines for Soil and Geology Reports F. Conclusions and RecoWWendacions (including slope and site stability). 1'. Unsuitable materia -1 removal (canyon cleanout, overexcavation, etc.). 2. Keyways and benching for existing slopes steeper than 5:1. 3. Specifications for. the method of placement and compaction o: soi'_ within the zone of the slope face. - 4. Slope stability - susceptibility to mass -.;asci. -:g (creep to rapid failure potential). a. Favorable or unfavorable inter -relationships of fractures (joires, shears, faults or zones) -to planar structures (bedding, contacts, :olds, plunges, weathered zones, etc.) and to each ocher forrin? potential failure planes, veneers, masses, or blocks. b. Favorable or unfavorable inter -relationships of geologic structures, conditions and rotential failure planes to natural and/or -..,an-made topograchy forming actual or-pocential adverse daps and contacts, adverse fractures ( jointing, shearing, faulting), adverse fold l -bs or synclinal axes, adverse Earth masses or blocks. C . Favorable or unfavorable inter -relationships of height of existing or proposed slopes to present and future (weathering effects; rate, depth, etc.) strength of earth materials. d. Slope stability effects onto or from developed, natural, or proposed slopes of adjacent properties. 5. Statement of site stability and summary of actual and potential unstable situations relative to the proposed site configuration and necessary sta- bilization or remedial measures for downslope movements, erosion, ground- water or settlement/subsidence effects. Opinion and reco®endations o_ surficial and gross stabilities of natural and manufactured slopes. 6. Provisions for necessary inspections of excavations to competent material by the project engineering geologist and/or soil engineer and their ap- proval and/or testing of material competency. 7. Geologic feasibility of the site for the proposedthe preport). (This opinion should also be summarized in the first part f PART III: TECINICAL GUIDELINES FOR PRELIMINARY REPORTS (SOIL AND GEOLOGY REPORTS) ON SINGLE FAMILY DWELLINGS: SUPPLi2ENT TO PARTS I AND II. This section includes additional report content that may be necessaryndorhill - side d g on project site conditions or proposed developments for either side locations. _ A. General 1 1. Site conditions' distress on existing improvements in area (expansive, settlement/subsidence, or creep areas). J 'k7 Technical Guidelines for Soil and Geology Reports 2. Proposed grading —.special grading equipment o:: methods needed for resistant, saturated ar other unusual materials or situations. 3. Proposed rock disposal methods (for clasts and residuals larger than 12 inches) and disposal areas (include on geotechnical plan if disposal area is on site). :+. References to publications and other reports cited. B. Engineering/Material Characteristics and Testing 1. Shear strength evaluations and results (drained or undrained conditions, effective stress or total stress analysis, in—situ or remolded samples). 2. Expansivity analyses of foundation material (test by U.B.C. Standard ,*1 9-2 or approved equivalent and classify potential by U.B.C. Table x:29—C). 3. :•acerial densities and/or penetration tests ('Standard Penetration or other methods of known correlation to material density). 4. Soluble sulfate content of soils in contact with concrete (test by ;5 -r -u :,516 or equivalent). 5. Gradation/size analyses, if appropriate. 6. Atterberg limit analysis and parameters, if appropriate. 7. Geophysical survey, if appropriate — graphics and results. 8. Include all test methods used, type or condition of sample used, appli— cable engineering graphics and calculations, results of alltests, and sa=ple locations of all test samples. C. Slope stability analysis (dependent on slope height and ratios, strength of earth materials, internal. structure, susceptibility to weathering, actual or potential groundwater, sur -ficial covering, proximity to site improvements or structures, and proposed landscaping and maintenance). 1. Gross stability of natural or man—made slopes with calculations, graphics supporting data and applicable parameters. 2. Surficial stability of slopes with calculations, graphics, supporting data and applicable parameters. NOTE: General guidelines for gross stability analyses are provided in "Minimum Standards for Slope Stability Analysis" (Appendix F) formulated by the LA/ASCE Geotechnical Group Committee on Seismic Stability of Soil and Rock and adopted by the County of Los Angeles on July 25, 1978, except that. they shall apply to all slopes steeper than 2:1: Guidelines for surficial stahility analyses are established in "Slope Stability Report" formulated by the Orange County Slope Stability Committee dated January 10,_1972. B-8 Technical Guidelines for Sail and Geology Reports D. Seismic evaluation should include regional seismicity; potentia? for strong -shaking, ground rupture, and liquefaction; applicable parameters (peak and/or design ground acceleration, duration. of strong shaking, site period) or reference to U.B.C. standards for earthquake design (Chap. 23). E. Foundation Design Criteria - Special provision for expansive earth materials. I. Footinr design and placement criteria. Slab thickness, reiniorcement; separation and expansion poi its, construc- tion Joints, doweling, or ties. 3. Bridging; grade beam specifications and recommendations, when applicable. 4. Prestressed (post -tensioned) floatation slab specifications and recom- aendations if this syster is proposed. 5. Exterior f latwork recommendations. 6. `"oisture barriers and/or selective grading (aggregate or sand Kase or other subbase). 7. Soil moisture measures a:. Treatment prior •to concrete pouring: "pre -pour. moistening," "pre- soaking," or "pre -saturation." b. Drainage/irrigation controls to maintain moisture concent in founda- tion materials (including increased positive drainage, paving, cut-off walls, sealed planters, gutters and dou-nspouts, etc.). F.' Foundation Design .Criteria - ocher special provisions 1. Soluble sulfate concent specifications and recommendations based on U.B.C. Section 2604 (02G. 2. Footing setback from base of slopes and other setbacks (faults, fracture zones, contacts, etc.). 3. Effects of adjacent loads when footings are at differing elevations.. 4. Deep foundation systems. a. Allowable bearing values. b. Foundation design criteria, parameters and calculations When appli- cable. c. Additional loads or -potential loads caused by geologic conditions (parameters -and calculations). 5. Engineering calculations with supporting data and applicable parameters i S used as a basis for recommended values. These will be needed depending on the values presented relative to the foundation materials, groundwater table, proposed i=provements and imposed loads. - technical Guidelines- for Soil and Geology Reports G. Retaining Malls: Design Criteria on Proposed Galls (surcharged or greater than3 feet in height above the base) . 1. Slope surcharge and geologic surcharge factors, parameters and calculations. 2. Drainage and backfill requirements including waterproofing of living areas and suitable drains. 3. Allowable bearing values, lateral bearing resistance and coefficient of friction based on testing or (Chap. 29). 4. Active, passive, or at rest lateral pressure. 5. Footing set:ack from base of slopes. K. Conclusions and Recommendations 1. Corrective or selective grading. SU' grade specifications and reca=endations. 3. Soil cement or lime stabilization. 4. Rock clast disposal. -5. Blasting. 6. Irrigation/ drainage controls, dewatering, surface and subsurface drains and subdrains. 7. Special planting and irrigation measures, slope coverings and other erosion control measures Which may be apparent from the preparation of the geotech— nical report. 8. Slough walls (including free board on retaining walls). 9. Protection of existing structures during grading. 10. Foundation/wall excavation inspections and approval by engineering geolo— gist and/or soil engineer. 11. Shoring requirements. 12. Actual or potential effects extending into site from adjacent areas or from the site into adjacent areas and recommendations pertaining to sta— bility, erosion, sedimentation, groundwater, etc. 13. Stabilization measures (see note under item C for guidelines and minimus) . a. Fill blankets for pads or stabilization blankets ' for slopes. b. Stabilization fills: specifications (including subdrains and land— scape) and parameters (include stability analysis and calculations if geologically surcharged) . B-10 Technical Guidelines for Soil and Geology P.,aports c. Buttress fills: specifications (including landscape), subdrains, sta— bility analysis viL'a calculations and supporting test ca:a and parameters. 14. Fill over cut slope specifications and recommendations. 15. Subsidence, hydrecccpact-:on and piping potential, factors, tiwe f.-. and recommendaticns. a TEC -:.\*IC �L i t ii:�LiN=S FOR �lZ:.L=uTtie�. SOIL r.�V :;cGLOG'i TS G:: p::=CZS_ CC':'_`:_?CIALi iSL�I-*57R1A.� G�.ZJ1:.:. r►.U'i..?CiiiU��� This section includes t*he necessary report content in addition to ?art I and, appli— caoie iters of ?art II and iII for ;he proposes de;-eiop—.ent. Pavement Desitin (indicate areas and tyre on geotechnical plan) 1. AC pavement desi n criteria a. R—value testi�L: r..e=hod (Ca1,faraia 101—f or equivalent), results, sampla locacion(s); or provide mninl.mur.. ;C sections per excavation a.nd gradin; C04!-_6 b. Traffic indices or projected loading conditions. c. AC structural sections: parking areas, access areas, service areas, heavy vehicle areas. d. Untreated base compaction recommendations (min. 95: rel. comp.). • e. Subgrade reco=mendations: minimum depth, compaction (min. 90: rel. Cor..p.); special recormendations for bridging, or founding, e.g., soil cement or line treatment, overexcavation, selective grading, etc. 2. Concrete pavement a. ..Minimum thickness and reinforcement. b. Size of poured or sawed sections; expansion joints. c. Untreated base specifications and recommendations. d. Subgrade recommendations. B. Seiswic evaluation of site(if site involves a critical or major structure or is in close proximity to an active fault); see Part III for description of 1 necessary concent. PART V: TECHNICAL GUIDELINES FOR PRELLKINARY SOIL AND GEOLOGY REPORTS ON RESI- DENTIAL OR Cot-21EERCIAL/IND USTRIAL SUBDIVISIONS (TRACTS. AND PARC:.LS); FLATLAND OR HILLSIDE AREAS This section includes necessary report content in addition to Part I and the applicable items of Parts II and III. _ B-11 _1 Y .�s Technical Guidelines for Soil and Geology Reports A. Seis=ic evaluation or site (see Part III for description of necessar7 content). _3. Evaluation of 'expansivity of site. C. Stability evaluation of site; slopes, tract boundary areas, etc. vART CI: TECHNICAL CDIDELINES•FOR ROUGH GRADE COMPACTION REPORTS General 1. Signature and RCE n= ber of project soil engineer. 2. Job address, lot and tract n=ber. 3. Grading Permit Number. Place=ent of fill 1. Purpose for which fill was placed. Preparation of natural -rade to receive fill. 3. Placement of fill (depth of layers, watering, -etc.) 4. Equipment used for compaction. S. Method of compacting outer•slope area. C. •Testing (Compaction) 1. Test procedure (field and laboratory). 2. Plot plan with the location of all density tests. 3. Summary of test results a. Test identification number. b. Date test performed. c. Maximum dry density. d. Optimum moisture. e. Field dry density. f. Field moisture S. Relative compaction. h. Approximate elevation of test. i. Approximate finish grade elevation at test site. i B-12 Technical Guidelines for Soil and Geoloty Reports D. Testing (Utility Trench'Compaction) 1. Location of test. 2. Depth of trench and test. 3. Method of backf i 11 and compaction equip=ent . st=nary of test results. iescing (uchEr} 1. Su.^:=ar•: of expansion test results (identify lots or areas with s::ell�r.g Potential, -lot zest locations or. plot plan) . ?. Surmary of soluble sulfate :est results. 3. Summary of "R" value tests for asphalt concrete design, is aPplicabie. F. Ss -Built Conditions 1. Fiat plan showing limits of the approved compacted fill area (approxi - mace pad elevation, depth of fill, areas of overexcavation, canyon cleanout, keys, and subdrains).. 2. Treatment of "daylight" or cur./fill transition zones (extent oJ62 over - excavation outside of footing). 3. Type of soil encountered during grading(fill, in-situ, imported borrow). 4. Groundwater conditions identified and subdrains or other methods used to =itigate adverse effects. 5. Geologic conditions encountered b. Comments on changes made during grading and their effect on the reco=en- dations made in the geotechnical report. G. Recommendations and Opinions 1. Footing recommendations and bearing value on compacted fill. 2. Footing and floor slab recommendations based on results of expansion and soluble sulfate tests (construction details of footing if applicable) . 3. Pavement structural section design recommendations and specifications is applicable. - 4. Opinion of the suitability of natural soil to support the fill or structure. 1 5. Approval as to the adequacy of the *site for the intended use, as of fected by soil engineering and/or geologic factors. i 4,1 7 _ J Tech-ical Guidelines for Soil—and- Geology Reports 6-. Opinion as to the gross and surficial stability of all slopes. 7. Opinion as to the suitability of utility trench and retaining wall back— fill. 8. A statement that the soil engineering and engineering geologic aspects of the -grading have been inspected and are in' compliance with the appli— cable conditions of the Grading Pewit and the soil engineer's and engi— neering geologist's reco=endations. APPENDIX B MINIMUM STANDARDS FOR SLOPE STABILITY ANALYSIS _4 MINIMUM STANDARDS FOR SLOPE STABILITY ANALYSIS The following minimum standards for slope stability analysis will generally be required for cut and fill slopes. A more detailed field and laboratory investigation combined with a seismic stability analysis utilizing such information may be required where unusual soils or geologic conditions exist. 1. Separate calculations shall be performed for static and seismic conditions. 2. The pseudostatic slope stability analysis shall be the minimum seismic analysis accepted for design. 3. Conventional static methods of slope stability analysis based upon principles of mechanics may be used to analyze the stability of slopes under both static and pseudostatic loads. 4. The minimum acceptable factor of safety on shear strength is 1.5 for static loads and 1.1 for pseudostatic loads. The factor of safety on strength is defined as the ratio of the shearing resistance force to the actual driving force acting along the potential failure surface. 5. The static analysis shall include the effect of expected maximum moisture conditions, soil weight and seepage or pore pressure where applicable. Saturated moisture conditions shall be utilized unless it can be shown that other moisture contents will represent worst possible conditions for - the project. 6. Pseudostatic analysis shall include the effect of static loads combined with a horizontal inertial force acting out of the slope and through the center of gravity of the potential sliding mass. A minimum pseudostatic horizontal inertial -force equal to 0.15 times the total weight of the potential sliding mass shall be used. This minimum lateral design value should be increased where subsurface conditions or the proximity to active faults warrants the use of higher values in the opinion of the private consultant(s). S. The critical potential failure surface used in the analysis may be composed of circles, planes or other shapes considered to yield the minimum factor of safety against sliding and most appropriate to the soil and geologic site conditions. In cohesive soils, a vertical tension crack extending down from the top of the slope to the potential failure surface .may be used to limit the lateral extent of the potential sliding mass. 9. The critical potential failure surface having the lowest factor of safety on strength shall be sought for the static case. This same static surface and sliding mass'may be assumed critical for the pseudostatic case. 10. Soil properties including unit weight and strength parameters (cohesion'. and friction angle) may be based on conventional field and Taboratory tests and/or field performance. Where appropriate; laboratory tests for F-1 ,in i long-term residual strengths shall be performed. Shear resistance along bedding planes normally requires estimation of bedding- strength values of the weakest unsupported plane. It is expected that the engineer will use considerable judgment in the selection of appropriate shear tests and interpretation of the results in arriving at strength characteristics fitting the present and anticipated future slope conditions. Dynamic strengths used in a pseudostatic analysis shall not exceed peak point static strengths unless supported by dynamic test results or other convincing physical evidence. 11. In*the design of slope support, bedding planes flatter than 12 degrees from the horizontal need not normally be considered in a pseudostatic analysis. 12. Each slope stability analysis shall be accompanied by a geotechnical report including a summary of the results of field exploration and laboratory investigation. This repo -rt should at least include the following items: a. Boring logs and plan locations relative to the proposed grading. b. Geotechnical description of soil and geologic description or rock encountered in the proposed cut slope and/or expected to be used in the proposed fill. Soil description should include engineering classification with moisture and density or stiffness. Rock description should include, but not be limited to: geologic assessment of hardness, degree of weathering, strata thickness, clay surfaces and oriented planar discontinv'ities such as strike and dip -of bedding, joint spacing, joint thickness, fracture and fault surfaces. C. Groundwater conditions encountered at the site as well s anticipated future groundwater conditions that may affect the design. d. Description bf laboratory tests performed with summary of laboratory test results. Both the moisture and drainage conditions during any shear strength tests should be clearly defined. e. Shear strength parameters for design which are based on field experience should be properly referenced or explained. 13. All design parameters shall be verified during construction. This includes applicable geologic structures - such as bedding attitudes, joint orientation and existing shear surfaces -fill strength, and groundwater conditions. If any significant variation from the design values is discovered revised calculations shall be made and submitted. F-2 APPENDIX C SECTION 306 1988 UNIFORM BUILDING CODE ea C C c v C c .i°c K c� r Cl u t $C "`° uO✓0 -6 UIn v AU W O C E h , ; o o0y `° NC U p o E 00 " C •Yo c o w mt •0 ' c v E Q uvuNg�o o fl E° .oA .o >, 1.. E 4A,:: c =' o c'o og cu 0o e;g � `-' oNc .0 E c u= $� a :° d Y E i° �� o E u auu sem. mm u n. ��v '� O - I.A~-. .y O A ° •U UNG.. C J .J .0 u O �'• v C C A C 00 o a c v u X `° s o ° u c o c o 1° u E oil u o•• o•- c u E E u o tp° u� `off o c• �° °_.° u ° o 0.•N = o 0 oN " N ou - N E a e > vi O v c u LY. M .N c cEo 0 0 1°i is G L v oo r. .tea O` 0. u u .� �." W O c N Q = u `a ° ►. 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O rA N xo N p, E o o. 0 -0 t u A . o ,C Q' o .r �- ` .+ c s u .+ u .' u ~ F^ - u 00 .. s u°„ >�'0u'U ucF-��u.ia `s� �`'c0.A�;.:cn oaau�� E N N u c o — �' ; gy.W - � 14 u •i 10 c 'o ; .= u_ . u) C _E ' i t > N CI .NU. �! s 3 • y " v N A° �... `r' ° C 0 `i d `.- .. i eo u.E° y A ... N N ...._ '0 'u 10 u 0 3 A O. E O .G V - APPENDIX D TYPICAL DETAILS FOR GRADING CATCH B" "'N OPENING TOP OF CURD 4' 4' Tl IT WARPS ; o ; WARPED m URFACE i P i SURFACE yI Ng vLI I GUTTE A SEE NOT I FLOW UNE .PLAN i CATCH BASIN OPENING f T T h l0 Lo LQ � U I - 4' L 4' I " ELEVATION WARPED WARPED SURFACE SURFACE CATCH BASIN FACE r--------------, u PLATE PER B112 Lo Ljj p CD 18" L 4' .•G� SECTION A-A �O E— DIRECTION OF VEHICLE PLAN NOTES: L ELEVATIONS OF OUTER CORNERS AND OUTER EDGE SHALL CONFORM TO FINISHED STREET SURFACE UNLESS . OTHERWISE SHOWN ON PROJECT DRAWINGS. i 2 THIS STANDARD MAY BE USED TO INTERCEPT FLOWS FROM BOTH DIRECTIONS. -y-9ATE OF REVISION INITIALS. CITY OF TUSTIN IMPROVEMENT STANDARD STD. LOCAL DEPRESSION:' NO. PRIVATE STREETS -PARKING LOTS r APPROVED DATE ca DATA TABLE 45* F L. LIP DETAIL Pv 12.5 % MAX. AT CURB (TYPICAL) I 'Y' R/W E 2% SEE LIP DETAIL 8 33 % MAX. I / i - -.' = 4' MIN. 2" I 4" P C. C: SECTION A -A NOTES I 1. RAMPS FOR SIDEWALK RETURNS OTHER THAN SHOWN HEREON SHALL BE DONE PER STANDARD- NO. 8124- A OR 8124-B. -Ij 2. WHEN CONSTRUCTING RAMP IN AN EXISTING SIDEWALK RETURN, THE ENTIRE SIDEWALK RETURN SHALL BE REMOVED AND RECONSTRUCTED. 3. THE VALUE OF 'X' AND ' Y' SHALL BE SHOWN ON PLANS FOR EACH RAMP. —`NATE of REVISION INITIALS CITY OF TUSTIN IMPROVEMENT STANDARD STD. NO. WHEELCHAIR RAMP I N APPROVED DATE 1— 26 — 88 m :.J lY' _' X' C.F. MIN. I MIN.- IN:6 of 6 7.5 4 � - 8 is 10' 5' 45* F L. LIP DETAIL Pv 12.5 % MAX. AT CURB (TYPICAL) I 'Y' R/W E 2% SEE LIP DETAIL 8 33 % MAX. I / i - -.' = 4' MIN. 2" I 4" P C. C: SECTION A -A NOTES I 1. RAMPS FOR SIDEWALK RETURNS OTHER THAN SHOWN HEREON SHALL BE DONE PER STANDARD- NO. 8124- A OR 8124-B. -Ij 2. WHEN CONSTRUCTING RAMP IN AN EXISTING SIDEWALK RETURN, THE ENTIRE SIDEWALK RETURN SHALL BE REMOVED AND RECONSTRUCTED. 3. THE VALUE OF 'X' AND ' Y' SHALL BE SHOWN ON PLANS FOR EACH RAMP. —`NATE of REVISION INITIALS CITY OF TUSTIN IMPROVEMENT STANDARD STD. NO. WHEELCHAIR RAMP I N APPROVED DATE 1— 26 — 88 m :.J NOTES I. THIS STANDARD SHALL BE- USED FOR SIDEWALKS BETWEEN 4.00' AND 5.50' IN WIDTH. 2. THE VALUE OF 'X' SHALL BE SHOWN ON THE PLANS. 'X' SHALL BE 6' MINIMUM FOR 611 CURB AND 8' MINIMUM FOR 811 CURB. 3. THE CITY MAY REQUIRE A VARIABLE HEIGHT CURB AT THE BACK OF SIDEWALK. 4. WHEN CONSTRUCTING RAMPS IN AN EXISTING SIDEWALK RETURN, THE ENTIRE SIDEWALK RETURN ' SHALL BE REMOVED AND RECONSTRUCTED. E.C.R. 0.JJ% MAA. AT CURB (TYP. ) rlo w R/W cn o 4.00' MIN. TO 5.50' MAX. 2" W Z �w SEE LIP DETAIL 2 % ON STANDARD _ NO. B124 20/ __'NATE OF 4 PC.C. 8.33 % MAX. jig X' VARIES 4' 'X' VARIES (TYPICAL) 01 SECTION B—B REVISION INITIALS CITY OF TUSTIN IMPROVEMENT STANDARD STD. NO. WHEELCHAIR RAMP ( MODIFIED) a N APPROVED DATE 1-26-88 m . .. • : 411 P.C.C. SECTION A—A DEPRESS WALK TO MEET CRITERIA SHOWN Q I —NORMAL PROFILE 4 PC.C. 8.33 % MAX. jig X' VARIES 4' 'X' VARIES (TYPICAL) 01 SECTION B—B REVISION INITIALS CITY OF TUSTIN IMPROVEMENT STANDARD STD. NO. WHEELCHAIR RAMP ( MODIFIED) a N APPROVED DATE 1-26-88 m jR NOTES I. THIS STANDARD SHALL BE USED FOR SIDEWALKS 6' OR MORE IN WIDTH AND WHEN STANDARD NO. B 124- A DOES NOT APPLY. 2. VALUES FOR 'X','Y'AND T AND ELEVATIONS FOR POINTS 'A' THRU 'L' SHALL BE SHOWN ON THE PLANS IN TABULATED FORM. 3. THE CITY MAY REQUIRE A VAR- IABLE HEIGHT CURB AT THE BACK OF SIDEWALK. 4 WHEN CONSTRUCTING RAMP IN AN EXISTING SIDEWALK RETURN, THE ENTIRE SIDEWALK RE- XK TURN E- TURN SHALL BE REMOVED AND RECONSTRUCTED. �A ti E.C.R. AT CURB HYN r� w 4' R/ 2if w z Y VARi ES Fr SEE LIP DETAIL 2% 2% ON -STANDARD _ N0. B 124 g,33%MAX' ,.. ,:...: • ; . . . t• 4 P C.C. SECTION A—A I DEPRESS BACK OF WALK TO MEET CRITERIA SHOWN NOTE: PTV D' TO PT. ' V SHALL B WIPARALLEL TO T NORMAL PROFILE NORMAL PROFILE E _. THE cr _ _ - E. 1ZI 4' ,Z' .33 % MAX. TYPICAL) m °C U BACK OF SIDEWALK PROFILE -"ATE OF REVISION INITIALS CITY OF TUSTIN IMPROVEMENT STANDARD STD. NO. WHEELCHAIR RAMP (MODIFIED) 00 �r N APPROVED_ _ DATE J- - 26-88 m FACE C ;UILDING 9 m V0 _ Z 4" BLUE STRIPE d' Q �- = cn O% lk �. 9'- 0"J, 5' - 0" 91-0 it Iq NOTES: I. RATES OF GRADE FOR HANDICAPPED PARKING STALLS. 8RAMP P AREA SHALL BE 2% MAXIMUM IN ANY DIRECTION, OTHER THAN SHOWN HEREON. 2. ELEVATIONS 'A' TOW N' SHOWN HEREON SHALL BE SHOWN IN TABULATED FORM. 3. ALL SIGNS AND SYMBOLS SHALL BE PER -CALIFORNIA STATE ACESSIBILITY STANDARDS , TITLE 24 C.A.C. ( CURRENT EDITION ) SECTION 2 - 7102 (e). I ATE OF REVISION INITIALS CITY OF TUSTIN IMPROVEMENT STANDARD STD. 5/4/89 NO. WHEELCHAIR RAMP (PARKING LOT) v _-' N APPROVED DATE 1- 28- 88 m I F• MUD SILL F L. FF OR GFF A � z * 0'O \V `L * +Fir 2 O O o M . �o°/° q� MPX ** 0.1' MIN. SECTION A—A 0)G• `C * AT LOW SIDE 13% MAX. NOTES: L F.G. AT BUILDING IS EQUAL TO PAD ELEVATION UNLESS SHOWN S p� THE GRADING PLAN. SHOW F.G. AT THE BEGINNING AND ENDING OF DEEPEN FOOTINGS 2. F.S. AT GARAGE SHALL EQUAL GARAGE F.F. UNLESS SHOWN ON THE GRADING PLAN. 3. IF YARD DRAINS ARE USED; POSITIVE DRAINAGE IS REQUIRED TO KEEP STORM WATER FLOWS 0.2 FEET BELOW F.F. EL. 4 SETBACKS ARE SHOWN AS EXAMPLES ONLY. CHECK ZONING CODE. 1 DATE OF I REVISION I INITIALS CITY OF TUSTIN IMPROVEMENT STANDARD STD TYPICAL GRADING NO. SINGLE FAMILY SITE APPROVED ----460 DATE c 4-1* m VAR J J T. SWALE LOW SIDE 13% MAX. NOTES: I. REFER TO STD. BI33 FOR SIDELOT DRAINAGE. 2. F.G. AT BUILDING IS EQUAL TO PAD ELEVATION UNLESS SHOWN ON THE GRADING PLAN. 3. F.S. AT GARAGE SHALL EQUAL GF.F. UNLESS SHOWN ON THE GRADING PLAN. 4. IF YARD DRAINS ARE USED; POSITIVE DRAINAGE IS REQUIRED TO KEEP STORM WATER FLOWS 0.2 FEET BELOW F.F. EL. 5. PROVIDE OPENING IN FENCES 8 GATE TO PREVENT BLOCKING DRAINAGE SWALES. 6. SETBACKS SHOWN AS EXAMPLES ONLY. CHECK ZONING CODE. DATE OF REVISION INITIALS CITY OF TUSTIN IMPROVEMENT STANDARD STD. TYPICAL GRADING - SINGLE FAMILY SITE NO. COMMON SIDEYAR D DRAINAGE T- APPROVED /iufe DATE m <- < - 2% Mil 0 LBI HIGH PO'1 NT T11-0 ' MIN. C _ _./ C 1w 3' MIN. 6" MIN. I MUDSILL q�. of � o:o SECTION A - A 12'1-18" (6" MIN. ABOVE PAD ELEVATION) 4' ROUND OFF TOP 1 % M M. �P�• 10% MAX. 2� SECTION B - B °I%vTYPICAL BERM DETAIL 7'-0" ELEV. MUST BE EQUAL TO BLDG. PAD ELEV. OR CURB PLAN BLDG. PAD ELEV.- HIGHER --- ----- - - - 2 7' (SEE NOTE *4) 0 6M�N• 1 MAX MUDSILL 6"MIN.• 6" MIN. AB VE PAD DEEPENED FOOTING REQUIRED BLDG. PAD COMPACTED (SEE STD. B 133 ) o E EV. � BERM SECTION C 20°�° L It MAX, 12 TO 18 SECTION C -C ALTERNATE NOTES I . SWALES TO BE CUT IN AT 1% AT ROUGH GRADING AND PRIOR TO BUILDING CONSTRUCTION. 2. A PAVED DRAINAGE SWALE, A CATCH BASIN AND PIPE, OR OTHER SIMILAR DRAINAGE DEVICE IS REQUIRED WHEN A STOOP, FIREPLACE, OR PORTION' OF THE BUILDING EXTENDS WITHIN THE MINIMUM ESTABLISHED DRAINAGE SETBACKS. 3. A COMMON DRAINAGE SWALE MAY BE USED ALONG SIDEYARD PROPERTY LINES AS SHOWN ON STD B 133. 4. THIS DIMENSION MAY BE REDUCED TO THE REQUIRED MINIMUM SETBACK IN THE GRADING & EXCAVATION CODE IF AN IMPROVED (IE, CONCRETE) DRAINAGE DEVICE IS USED. 5. ALL BUILDING SETBACKS FROM SLOPES SHALL BE IN ACCORDANCE WITH THE GRADING 8. EXCAVATION CODE AND GRADING MANUAL. DATE OF REVISION INITIALS I CITY OF TUSTIN IMPROVEMENT STANDARD I STD. NO. HILLSIDE LOT DRAINAGE N M APPROVED-� DATE 6—�-90 m J U� DIFFERENC, �F PAD ELEVATION (CASE 1) FF OR GFF, ''" 6'"MIN. PAD ELEVATION FF OR GFF PAD ELEVATION c' 2% MIN. 20%MAX. DRAINAGE SETBACK 5 MIN. ' ,SEE NOTE # 4 (TY P) R. FF OR GFF 6" MI N. ° . o• ..v ° . . Die -i2 N Z:4,0-:.;. PAD ELEVATION IZ ° SEE NOTE #3 5' MIN. 'FLOWLINE COMMON SWALE CASE I RL le 5' MIN. 5' MIN. �i FF OR GFF PAD ELEVATION I ° EXTRA HEIGHT OF 6"M IN. 12"MIN. ° FOOTING TO BE ' ° DIMENSIONED ON • p; v .p:: 0: N . .0 20°�' Mph. v:.°.:. PLANS. AS D.F. (TO 0 2% MIN. :o. o: NEAREST 0.1) o' „ 20% MAX. FLOWLINE OF COMMON SWALE CASE II . NOTES: I. CASE I APPLIES WHEN THE DIFFERENCE IN PAD ELEVATIONS AND DRAINAGE SETBACK ALLOWS A COMMON DRAINAGE SWALE TO BE CONSTRUCTED. ?. CASE it MAY BE USED WITH A COMMON DRAINAGE SWALE WHEN THE DIFFERENCE OF fPAD ELEVATIONS* EXCEEDS'THE LIMITING CONDITIONS OF CASE 1 AND THE EXTRA HEIGHT FOOTING IS SHOWN ON THE GRADING AND STRUCTUAL PLANS. 3. A COMMON SIDEYARD DRAINAGE SWALE SHALL NOT BE USED WHEN THE DIFFERENCE TBETWEEN THE PAD ELEVATIONS EXCEEDS ONE FOOT. ;1. PROVIDE P.C.C. STEM WALL (STW) IN GARAGE; TO MAINTAIN MINIMUM 6" FROM FINISH I GRADE TO MUDSILL. TOP OF STEMWALL ELEVATION SHALL BE SHOWN ON THE PLANS. `kTE OF REVISION INITIALS CITY OF TUSTIN IMPROVEMENT STANDARD STD. NO. COMMON SIDEYARD DRAINAGE APPROVED Q DATE- `/A1 0 m t i � � G / �IVIIIV. ' o z 20% MAX. NOTES: I. FG. AT BUILDING IS EQUAL TO PAD ELEVATION UNLESS SHOWN ON THE GRADING PLAN. 2. IF YARD DRAINS ARE USED; POSITIVE DRAINAGE IS REQUIRED TO KEEP STORM WATER FLOWS 0.2 FEET BELOW FF EL. 3. THE DEVELOPER /OWNER ASSUMUMES ALL RESPONSIBILITY AND LIABILITY FOR DESIGN, CONSTRUCTION AND MAINTENANCE OF ALL YARD DRAIN SYSTEMS. 4. SETBACKS PROVIDED AS EXAMPLE ONLY. CHECK ZONING CODE a COMMUNITY DEVELOPMENT DEPT. FOR MINIMUM SETBACKS WHICH VARY FROM ONE DISTRICT TO ANOTHER. DATE OF REVISION INITIALS CITY OF TUSTIN IMPROVEMENT STANDARD STD. TYPICAL GRADING NO. CONDOMINIUM/APARTMENT Lo APPROVED / d- DATE 4'4--90 m -7 TOP OF SLOPE\ A CUT OR FILL SLOPE VARIABLE SLOPE RATIO"' LOEPF R /W THROUGH RADIUS PLANTING BAY VARIABLE y 10, R/W R/W 100' MIN. PLANTING BAY J SEE NOTE 2 _ _ A _ R /W FOR STD. STREET SEE NOTE 2 ARTERIAL HIGHWAY STREETr R /yy VARIES (2i MAXI MEANDERING SIDEWALK CONTOUR GRADING R/W FOR STD. STREET SECTION A—A NOTES= L SLOPE HEIGHT: FROM 25' TO 50', W=10' MIN. 2. 250' MAX. BETWEEN OPENINGS. DATE OF REVISION INITIALS CITY OF TUSTIN IMPROVEMENT STANDARD STD. PLANTING BAY NO FOR ARTERIAL HIGHWAY cl APPROVEDDATE 6-4- m TOE OF SLOPEy - ---rte TOP OF SLOPE - - R = 25' MIN. BUILDING PAD UPHILL SHARP SLOPE- INTERSECTION LOPE INTERSECTION 1L � I NOT ALLOWED EXCEPTION: INTERIOR BACKYARDS WHEN APPROVED BY DEPT. OF COMMUNITY DEVELOPMENT DATE OF I REVISION I INITIALS t I"'NATURAL SLOPE--.-. 0 TOP OF SLOPE -4 T Jp TOE OF SLOPE R = 25' MIN. BUILDING PAD DOWNHILL R=50'MIN. TRANSITION ZONE VARIABLE SLOPE RATIO NOT STEEPER THAN 2:1 MANUFACTURED SLOPE CITY_ OF TUSTIN IMPROVEMENT STANDARD I STD. NO. GRADING OF INTERSECTING SLOPES N. M APPROVED _.�-� DATE C-4-90 m ,VARIABLE SLOPE RATIO B.C.R. �r I Ljl WI I I I 3:1 OR CASE I FLATTER _. STREET I u. .TE OF U� r 62 _-C - R. VARIABLE SLOPE RATIO I :1 OR w FLATTER ac VARIABLE SLOPE RATIO i �VARIABLE SLOPE RATIO CASE II • MAXIMUM HEIGHT OF PLANTED MATERIAL IN THIS AREA IS ONE FOOT. NOTES: L CASE II APPLIES WHEN INTERSECTING STREET IS ON A CURVE, REVISION INITIALS CITY OF TUSTIN IMPROVEMENT STANDARD STD. SLOPES APPROACHING PUBLIC NO. OR PRIVATE STREETS APPROVED DATE (of44190 r m FACE OF BUILDING OF DIORO PROJECTION THEREOF TOP OF SLOPE (TYP) B FACE OF CURB IF TOP A TOE OF SLOPE OF SLOPE AT STREET H OR HIGHWAY `VERTICAL CURVEVERTICAL CURVE FACE OF CURB IF TOE OF SLOPE AT STREET OR HIGHWAY MINIMUM SETBACK REQUIREMENTS H (IN FT.) FILL SLOPES CUT SLOPES A (3) B C (4) DI , D2 A (3) B C DI , D2 0-10 H/213 MIN 5 H/213 MIN 5 H/213 MIN 5 H/213 MIN 5 OVER 10, 5 5 H/2 H/2110 MAX 5 5I H/2 H/2110 MIN OVER 30 5 5 15' 10, 5 5 16 10 NOTES: I. IF DRAINAGE IS CARRIED ON TOP OF SLOPE IN UNIMPROVED EARTH SWALE THE SETBACK DISTANCE SHALL BE A MINIMUM OF 7� SETBACK MAY BE REDUCED TO TABULAR VALUE IF APPROVED DEVICE IS USED. 2. SETBACK MAY BE BASED UPON DISTANCE FROM FACE OF FOOTING TO FACE OF SLOPEJAPPLIES TO DEEPENED FOOTINGS). 3. IF THE SLOPE IS FLATTER THAN 5:1 THE SETBACK DISTANCE IS 2. 4 THE TABULAR VALUES SHALL ALSO APPLY TO NATURAL SLOPES. 5. WHERE ONE PROPERTY LINE SEPARATES MULTIPLE LOTS AT A SLOPE, THE PROPERT1 LINE SHALL BE AT THE TOP OF THE SLOPE. SETBACK 'W' SHALL NOT APPLY. 6. WHEN H=10I OR LESS, PROPERTY LINE SHALL BE AT THE TOP OF SLOPE. z IF TOE OF SLOPE IS IN A RESIDENTIAL REAR YARD THERE SHALL BE NO VERTICLE CURVE AT THE TOE OF SLOPE. SETBACKS 'W' AND "C" SHALL APPLY TO POINT OF INTERSECTION OF SLOPE AND REAR YARD GRADE. 8. SEE STD. B 141 AND 142 FOR TYPICAL SLOPE SECTION. 9. TERRACE DRAIN IS REQUIRED WHEN HEIGHT AT TERRACE IS 25. .I DATE OF I REVISION I INITIALS 1 CITY- OF TUSTIN IMPROVEMENT STANDARD I STD. NO. SETBACK REQUIREMENTS o APPROVED DATE 4-92_ m 1 1% MIN.— 10% MAX. )ATE OF IVIIIV. IYIIIV. IYIIIV. IYIIIV. IYIIIN. IYIIIN. IY111-1. IYIIIV. IY11111. IVIII V. Ir 111 V. Ir 1114. NOTES: DEVIATIONS FROM THIS TYPICAL REQUIRE PRIOR APPROVAL FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT. 101 VERTICAL CURVES MAY BE USED WITH P.I. LOCATED AT THE HINGE POINT. WHERE 'H' IS 28' OR LESS: 10' MINIMUM VERTICAL CURVES MAY BE USED AT TOE a TOP OF SLOPE WITH 2:1 MINIMUM SLOPE BETWEEN PVC a PVT. REVISION INITIALS CITY OF TUSTIN IMPROVEMENT STANDARD STD. NO. TYPICAL SLOPE SECTION r APPROVED DATE�"�--9U m DRAINAGE' 3: CHANNEL 2:1 3:1 5.1 2% 5:1 3:1 MIN. 2=I 3:1 5=I 4-X4,410' A, ... . 101 . i.. . 10' ■ ... 10' ■ ��► 10' 8' ■ At& ■ All,1 10' 101 10' 10' ■ II. 1 \ AIL 1 \ AIL 1 \ SIA 1 101 \ w1A 1 101 \IIA 1 )ATE OF IVIIIV. IYIIIV. IYIIIV. IYIIIV. IYIIIN. IYIIIN. IY111-1. IYIIIV. IY11111. IVIII V. Ir 111 V. Ir 1114. NOTES: DEVIATIONS FROM THIS TYPICAL REQUIRE PRIOR APPROVAL FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT. 101 VERTICAL CURVES MAY BE USED WITH P.I. LOCATED AT THE HINGE POINT. WHERE 'H' IS 28' OR LESS: 10' MINIMUM VERTICAL CURVES MAY BE USED AT TOE a TOP OF SLOPE WITH 2:1 MINIMUM SLOPE BETWEEN PVC a PVT. REVISION INITIALS CITY OF TUSTIN IMPROVEMENT STANDARD STD. NO. TYPICAL SLOPE SECTION r APPROVED DATE�"�--9U m F C D A HORIZ. 1-13/218/2, C w I' MIN. B D 10% -� R c1, B/2,r , F__ 8/2 C > E B 8 A=8 I MINIMUM, 20' MAXIMUM B =10' MINIMUM NOTES: A = TERRACE WIDTH B = "X" FEET VERTICAL CURVE C= POINT OF INTERSECTION OF SLOPE TANGENTS D = SLOPE 2:1 OR FLATTER E= DRAINAGE CHANNEL F= TOP OF SLOPE G=,TOE OF SLOPE _ :. ATE OF REVISION INITIALS CITY OF TUSTIN IMPROVEMENT STANDARD STD. _. TYPICAL SLOPE SECTION H=20'- 50' NO. N APPROVED TDATE ;r" LEVEL BACKFILL, NO FENCE ABOVE WALL—NO SURCHARGE 0 .p 4�—d' MAX. 4 41—d' MAX. APPROVED SLOPE ANGLE ' � NO SURCHARGE WITHIN 45° OF REPOSE FENCE —,1 1 w 6'-0" MAX. wOI O Z I'—d' MAX. BUILDING PERMITS ARE NOT REQUIRED FOR THE CONDITIONS SHOWN ABOVE.O I . SURCHARGE I .o OVER I 40�� 6 0 00 FENCE —u,,2 0 cD O LLI �C. 0 •' CHER I—(� C : - .11,8,. .,a • ANY HEIGHT o�. '0 7F :o D" LESS toll THAN H D ABOVE.O BUILDING PERMITS ARE REQUIRED FOR THE CONDITIONS SHOWN -- N_ — 0 31—d' MAXIMUM FOR BLOCK OR BRICK WALLS. 2O 3— 0" FOR BLOCK OR BRICK WALLS. O3 CHECK BUILDING DIVISION FOR FOOTINGS NEEDED. --rDATE REVISION INITIALS CITY- OF TUSTIN IMPROVEMENT STANDARD STD. OF RETAINING WALL CRITERIA � APPROVED lira DATE 4-4-00 m GENERAL -NOTES: I. WALLS VARYING FROM DETAILS/LOADING . CONDITIONS SHOWN ON CITY OF TUSTIN STANDARD WALLS REQUIRE SUBMISSION OF CALCULATIONS BY A CIVIL/ STRUCTURAL ENGINEER. DETAILS SHALL BE SHOWN ON THE GRADING PLAN. USE OF STANDARD WALLS DOES NOT REQUIRE SEPARATE DETAILS. (REFERENCE STD. NO. IN CONSTRUCTION NOTE) 2. MINIMUM THICKNESS OF MASONRY UNIT IS SIX INCHES. (NOMINAL) 3. INSPECTION IS REQUIRED AFTER STEEL HAS BEEN PLACED IN FOOTING, WALL, AND PRIOR TO PLACEMENT OF CONCRETE AND GROUT. 4. CONCRETE IN FOOTING SHALL BE TYPE 480-B-2000. 5. GROUT SHALL BE FLUID CONSISTENCY, MIXED IN THE RATIO OF I PART CEMENT, 2 PARTS SAND, 2 PARTS PEA GRAVEL. ALL CELLS TO BE GROUTED FULL. INSPECTION IS REQUIRED FOR ALL GROUTING. 6. MORTAR SHALL BE FRESHLY PREPARED AND- UNIFORMLY MIXED IN THE RATIO OF I PART CEMENT, 1/4 PART- -LIME PUTTY, 3.5 PARTS SAND AND SHALL CONFORM TO A.S.T.M. C-270, LATEST REVISION. 7. MORTAR AND GROUT SHALL HAVE AN ULTIMATE COMPRESSIVE STRENGTH OF fc = 2,500 P.S.I. 8. REINFORCING SHALL BE INTERMEDIATE, DEFORMED BARS, GRADE 40 CONFORMING TO A.S.T.M. A-615, LATEST REVISION. 9. VERTICAL STEEL SHALL BE HELD IN PLACE AT TOP, AND BOTTOM. 10. CONTROL JOINTS SHALL BE CONSTRUCTED AT 24 FOOT, MAXIMUM. Il. ACTIVE EQUIVALENT FLUID PRESSURE = 30 a/CF SOIL= 120 u/C.F 12. PASSIVE EQUIVALENT FLUID PRESSURE= 200 #/C.F _ 13. SLIDING COEFFICIENT OF FRICTION = 0.4 - 14. ALLOWABLE SOIL PRESSURE = 1500 #/S.F 15. MAXIMUM HEIGHT OF FENCE = 6'-8" 16.- ALLOWABLE WIND PRESSURE= 20 */S.F 17. FILTER FABRIC SHALL- BE MIFARI TYPE 140 N AS MANUFACTURED BY MIFARI INC. OR EQUAL 18. WALLS SHALL COMPLY WITH LATEST ADOPTED CODES AND ORDINANCES. l� BATE OF REVISION I INITIALS CITY OF TUSTIN IMPROVEMENT STANDARD STD. NO. RETAINING WALL CRITERIA NOTES APPROVED DATE 4-&-90 m # 4 CONT. @ 24" O.C. 6" X 8" X 16" BLOCK #4 @ 16" O.C. ON t WALL FILL ALL CELLS SOLID WITH GROUT CONTINUOUS FOOTING # 4 .CONTINUOUS . GRADE CAP REQUIRED (DECORATIVE BLOCK MAY BE USED IN LIEU OF CAP) -24" LAP SEE NOTE I #4 @ 16" O.C. Q J �,-I" GRADE ;.. .: 0 F- 8 8 h 0 MIN. DIM. AT SLOF I 2'-7" 5'-0" NOTES: L ALTERNATE BENDS OF VERTICAL STEEL IN FOOTING. HORIZONTAL LEG = 3". VERTICAL LEG = 2 -9 . CONTRACTOR MAY ELIMINATE THE SPLICE BY EXTENDING THE VERTICAL BARS INTO THE FOOTING, Y HORIZONTAL LEG IS STILL REQUIRED. 2. SEE STD. NO. B145 FOR PILASTER GARDEN WALL DETAILS. 3. SEE STD. NO. B 14 6 FOR WALL INTERSECTION AND CONTROL JOINT DETAILS. 4. SEE STD. NO. B143B FOR ADDITIONAL CRITERIA. ATE OF REVISION INITIALS CITY OF TUSTIN IMPROVEMENT STANDARD L j GARDEN WALL APPROVED DATE 620' %C STD. NO. r m CAP # 4 CONT. I @ 24" O.C. 6" x 8" x 16"� BLOCK w �I FILL ALL CELLS SOLID WITH GROUT i #4@24"O.C. ON WALL 24" LAP SEE NOTE I #4@24"O.C. EXCEPT AT GRADEPILASTER zr I 3'-3" 2 —J I-2 N GRADE , 6 x OPEN ENu 2#5 Ik-`24" LAP SEE NOTE i �iEl 2tt5 0 zo if), U PILASTER FOOTING 6"x8"x16" BLOCK PILASTER DETAIL CONTINUOUS FOOTING Z 2 OUTSIDE OF PILASTER N I C I # 4 ONT. 12" u 5'-0" WALL SECTION NOTES: I. _ALTERNATE BENDS OF VERTICAL STEEL IN FOOTING. HORIZONTAL LEG = 3'. VERTICAL LEG = 2`-9". CONTRACTOR MAY ELIMINATE THE SPLICE BY EXTENDING THE VERTICAL �J BARS INTO THE FOOTING, 3" HORIZONTAL LEG IS STILL REQUIRED. 2. MAXIMUM SPACING FOR PILASTERS 12'-0" CENTER TO CENTER. 3. SEE STD. NO. B143B FOR ADDITIONAL CRITERIA. I i TE OF REVISION INITIALS CITY OF TUSTIN IMPROVEMENT STANDARD STD. NO. PILASTER GARDEN WALL to J APPROVED ,4 DATE 4 _4'176 m i TYP. FOOTING AND REINF. PER SECTIC STEM WALL 18" # 6 @ 12" MAX. •... ; ' :: (STEM :.r.�.* WALLI ROUGHENED - • ; CL . • CONSTR JT. . # 4 BAR TOTAL EXTEND 2'-0" TYP FOO' LONGITUDINAL REINF. PE REINF. INTO FTG. STEP GARDEN WALL FOOTING STEP DETAIL 'T n T urM "i FULL HEIGHT CORNER WALL SECTION . AND. CTION iTEEL TYP. HORIZ. STEEL 4 # 4 BARS" FULL HEIGHT BUTT WALL SECTION kTYP.NP. FiORIZ. STEEL 2 # 4 BARS FULL HEIGHT END OF WALL Ott Iw I C It CONTROL JOINT NOTES: L CONTROL JOINT SHALL NOT BE FILLED WITH MORTAR. WIDTH QF JOINT SHALL NOT EXCEED 3/8". 2. HORIZONTAL STEEL SHALL HAVE 2" CLEAR FROM CONTROL JOINT. 3. CONTROL JOINT SHALL BE PLACED AT, 24 FOOT MAXIMUM CENTERS, STEP FOOTING AND CHANGES OF WALL HEIGHT. 4. PLACE 4 ADDITIONAL #4 BARS 0 8" O.C. SEE NOTE NO. I STANDARDS 6144 AND BI45 FOR HORIZONTAL LEGS. )ATE OF I REVISION I INITIALS CITY OF TUSTIN IMPROVEMENT STANDARD STD. GARDEN WALL NO. MISCELLANEOUS DETAILS APPROVED DATE-�: `%b p3 CAP REQUIRED— LEVEL GRADE' 174 -Z_:� ®M 6" 12'-0" ® BARS MM 6" 2'-5" I # 4 BAR EVERY 5' OTHER COURSE 2'-10" 1 # 4 @ 16" O.C. -----CONCRETE MASONARY—,,-,,, WALL SOLID GROUT THROUGHOUT OMIT HEAD JOINT IN FIRST 2" �' COURSE AT 32" ON CENTER —4 CL ®�— FOR WEEP HOLES. PLACE ONE CUBIC FOOT CLEAN 6„ / GRAVEL, ENCASED IN FILTER FABRIC. 6„ GRADE GRADEy a. 2:#:4-.. BARS CONT. N 5 d: . .�• ; 5" N_ ® o ©© = a'' ®M 6" 12'-0" T • MM 6" 2'-5" - - • 5' 8" 2'-10" 1 # 4 @ 16" O.C. ,I FVFI r.pAnF H T B X BARS 3' 6" 12'-0" # 4 @ 16" O.C. 4' 6" 2'-5" # 4 @ 16" O.C. 5' 8" 2'-10" 1 # 4 @ 16" O.C. NOTES: L DESIGNS FOR CONDITIONS DIFFERENT THAN SHOWN REQUIRE THE SUBMISSION OF AN ENGINEERING ANALYSIS BY A REGISTERED CIVIL ENGINEER. 2. ALL BARS IN FOOTING 3" CLEAR COVER UNLESS NOTED. KEY IS 12" WIDE (CONT) ATE OF F REVISION I INITIALS CITY OF TUSTIN IMPROVEMENT STANDARD STD. NO. - RETAINING WALLS co APPROVED DATE (s-4--20 m LEVEL GRADE < (TY P.) #4 DOWEL BAR - FOR GARDEN WALL - @ 24" O.C. BARS OTHER COURSE CONT. 0 CLL. 6" GRADE z 2*.# *4 -BARS". • A LjCONT.% . N H T 6 X BARS 3' 8" 2'-4" # 4 @ 16" O.C. 4' 8" 2'-6" # 4 @ 16" O.C. 5' 8" 4'-6" 1 # 5 @ 16" O.C. ----CONCRETE MASONARY WALL SOLID GROUT THROUGHOUT (T� /LEVEL GRADE OMIT HEAD JOINT IN FIRST COURSE AT 32" ON CENTER 2" CL. --FOR WEEP HOLES. PLACE ONE CUBIC FOOT CLEAN GRAVEL, ENCASED IN FILTER FABRIC. 6.. 2.5" GRADEy CL• B. 2 #•4 a N e BARS -CONT: 6.. B A N NOTES: L DESIGNS FOR CONDITIONS DIFFERENT THAN SHOWN REQUIRE THE SUBMISSION OF AN ENGINEERING ANALYSIS BY A REGISTERED CIVIL ENGINEER. 2 ALL BARS IN FOOTING 3" CLEAR COVER UNLESS NOTED. 3. REFER TO STD. NO. BI44 FOR GARDEN WALL DETAILS. VERTICAL STEEL OF GARDEN WALL TO EXTEND* A MINIMUM OF 24" INTO RETAINING WALL. E OF REVISION INITIALS CITY OF TUSTIN IMPROVEMENT STANDARD STD. RETAINING WALLS NO. - WITH GARDEN WALL FENCE oa, APPROVED DATE - ��--fib m TYP. FOOTING AND REINF. PER SECTION STEM WALL I" # 6 @ 12" MAX. • .. ' . ' 'STEM 3 14 7OUGHENED 3 . ''�; .�i�CL.:� . i EXTEND 2._ ,.TYP. FOOTIN LONGITUDINAL REINF. PER S REINF. INTO FTG. STEP RETAINING WALL FOOTING STEP DETAIL '''"In STEEL It " 'T UHR.7 FULL HEIGHT CORNER WALL SECTION CL Z CL TYP. HORIZ. STEEL 4 # 4 BARS' FULL HEIGHT BUTT WALL SECTION JP.P. HORIZ. STEEL 2 # 4 BARS FULL HEIGHT END OF WALL V 1....... I'aV 1 %- . CONTROL JOINT NOTES= L CONTROL JOINT SHALL BE FILLED WITH MORTAR. WIDTH OF JOINT SHALL NOT EXCEED 3 /8". RAKE 3 /4" DEPTH AND FILL WITH ELASTIC JOINT MATERIAL. 2. HORIZONTAL STEEL SHALL HAVE 2" CLEAR FROM CONTROL JOINT. 3. CONTROL JOINT SHALL BE PLACED AT, 24 FOOT MAXIMUM CENTERS, STEP FOOTING AND CHANGES OF WALL HEIGHT. 4. PLACE 4 ADDITIONAL # 4 BARS @ 8'0 O.C. SEE STANDARD 147 AND 148 FOR HORIZONTAL LEG AS REQUIRED. OF REVISION INITIALS CITY OF TUSTIN IMPROVEMENT STANDARD STD. RETAINING WALLS NO. MISCELLANEOUS DETAILS o .i APPROVED DATE -4:3 - m SOIL REPORTS ALL SOIL REPORTS SHALL PROVIDE AN EXPANSION INDEX. IF THE EXPANSION INDEX (AS DETERMINED BY U. B.C. STANDARD NO. 29-2) EXCEEDS 1150"; THE FOLLOWING PROCEDURE SHALL BE FOLLOWED WHEN A RETAINING WALL IS REQUIRED. I. THE SOIL ENGINEER SHALL PROVIDE RECOMMENDATIONS FOR DESIGN PARAMETERS DUE TO THE EXPANSIVE SOIL CONDITIONS. 2 THE BACKFILL, PER DETAIL HEREON, MAY BE USED IN LIEU OF NUMBER ONE ABOVE. DATE OF I REVISION rVIE ??.CKf ILL 30 s OR UTEQ RETAINING WALL BACKFILL DETAIL INITIALS CITY - OF TUSTIN IMPROVEMENT STANDARD STD. NO. RETAINING WALL BACKFILL DETAIL APPROVED_ 1AdA DATE m APPENDIX E SAMPLE SLOPE WARRANTY AGREEMENTS AND DECLARATION OF NET WORTH n� 1 2 3 -_. 4 5 6 7 8 W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 J J ract No. and Title of GI .ng Plan] SLOPE REPAIR AGREEMENT [OWNER] THIS SLOPE REPAIR AGREEMENT (the "Agreement") is entered into this day of , 19 , by and between ("Owner") and the City of Tustin ("City"). WHEREAS, Owner owns the real property in shown on the Grading Plan on file with City's Community Development Department; and WHEREAS, Owner has applied to the City for permits to grade in accordance with said Grading Plan, and in so doing to create manufactured slopes within an area subject to Hillside Review; and WHEREAS, City has approved said Grading Plan and issuance of grading permits on condition, among others, that the Owner comply with the Slope Warranty Program required by City Ordinance No. 1018, requiring entry into this Agreement; and WHEREAS, Owner now desires to comply with the requirements of City Ordinance No. 1018. NOW, THEREFORE, in consideration of the premises and for a valuable consideration receipt of which is hereby acknowledged, Owner and City agree as follows:, 1. Definitions.. 1.1 Slope displacement shall mean the following as related to any warranty slope in 1.1.1 Displacement of soil on a warranty slope at a depth of two feet or more (measured at right angles to -the slope face), with 1 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 vertical movemo of one foot or more, regardless of cause, and regardless of the square footage involved, or 1.1.2 Displacement of soil on a warranty slope with vertical movement of one foot or more and involving an area of at least 900 square feet, regardless of depth and regardless of cause. Slope displacement does not include surface cracking or fissures, erosion (unless erosion ultimately results in slope displacement) or displacement of soil caused solely by earthquake or seismic activity. 1.2 Warranty slope shall mean those manufactured slopes identified by the City on the approved Tract Grading Plan, which is incorporated by reference herein. 2. Owner's Obligation to Repair. Owner shall undertake, or cause to be undertaken, interim emergency repairs of any slope displacement occurring within three (3) years of City's certification of completion of the grading work for unless this Agreement is earlier terminated as provided in Section 3. Certification of completion of grading shall be when said slope(s) is (are) certified by the City and within 90 days of installation of all required and effective planting. The obligation created by this Agreement is to undertake emergency repairs as reasonably required by the City to stabilize the slope displacement and prevent further displacement, and is not a 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24' 2511 26 27 28 commitment t ndertake a complete and nal restructuring -and repair of the slope displacement. 3. Termination Before Three (3) Years. Owner's repair obligations under this Agreement shall be terminated in whole or in part, as applicable, by: 3.1 City's issuance of a subsequent grading permit for a warranty slope covered by this Agreement, except where the subsequent permit is issued to an individual lot owner who is exempt from the City's Slope Warranty Program, and except that a subsequent permit will terminate repair obligations, only for the slope area involved In or impacted by the subsequent grading permit; or 3.2 City's approval of a substitute repair agreement covering the warranty slopes. 3.3 City shall give written notice to Owner of such termination. 4. Homeowners' Association/Individual Lot Owner. 4.1 Upon the formation of a homeowners' association charged by the CC&R's with the responsibility for maintaining and repairing the warranty slopes, unless a substitute slope repair agreement and security is provided by the homeowners' association directly to the City, the obligation of the Owner to make emergency repairs under this Agreement shall be secondaryto the obligation ' g tion of the homeowners association to undertake that repair, and shall operate in the same manner as a performance bond or 3 ,imilar security for obligation of the 1 homeowners' association to undertake such repairs. 2 4.2 In the event of slope displacement on a warranty 3 4 slope where an individual lot owner has been 5 previously issued a grading permit, which was -- 6 determined to be exempt from the Slope Warranty 7 Program, City shall first look to the lot owner to 8 repair the warranty slope(s). The obligation of the 9 Owner to make emergency repairs under this Agreement shall be secondary to the obligation of the lot 10 11 owner to undertake the repair, and shall operate in 12 the same manner as a performance bond or similar 13 security for the obligation of the lot owner to undertake such repairs. 14 4.3 In the event the homeowners' association or 15 16 individual lot owner, as applicable, is unable or unwilling to repair the warranty slopes in a timely 17 manner, City shall provide written notice to Owner 18 of its obligation to perform this Agreement. The 19 time specified for performance shall be thirty ( 30 ) 20 days, unless City, determines, in its discretion, 21 that the slope displacement poses a substantial risk 22 of harm to public or private improvements, in which 23 - event a shorter time frame for action may be 24 specified. 25 26 27 28 - i _ J 4 19 20 21 22 23 241 25 ' 26 27 28 5. Thi iligations of Owner to p orm in accordance with. the terms of this Agreement have been secured by the following method: Owner has submitted evidence to the City that it has a net worth of at least $1,000,000, so that no additional security is required; Owner has delivered to City a bond or bonds by one or more duly authorized corporate securities, in an amount equal to $.55 per square foot of warranty slope face, but in no event more than $100,000 (the "Security Amount"); Owner has deposited with City an amount of money equal to the Security Amount with the City or a City -designated escrow agent or trust company; or Owner has delivered to City an irrevocable letter of credit in the Security Amount issued by a financial institution(s) subject to regulations by the state or federal government. 6. Enforcement. 6.1 In the event that Owner fails or refuses to perform its obligations under this Agreement, City shall be entitled to specific performance and/or damages pursuant to the procedures set forth in Code of Civil Procedure Section 638 et seq., for a determination to be made which shall be binding upon the parties as it .tried before a court or jury. City 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 241 25 ' 26 27 28 5. Thi iligations of Owner to p orm in accordance with. the terms of this Agreement have been secured by the following method: Owner has submitted evidence to the City that it has a net worth of at least $1,000,000, so that no additional security is required; Owner has delivered to City a bond or bonds by one or more duly authorized corporate securities, in an amount equal to $.55 per square foot of warranty slope face, but in no event more than $100,000 (the "Security Amount"); Owner has deposited with City an amount of money equal to the Security Amount with the City or a City -designated escrow agent or trust company; or Owner has delivered to City an irrevocable letter of credit in the Security Amount issued by a financial institution(s) subject to regulations by the state or federal government. 6. Enforcement. 6.1 In the event that Owner fails or refuses to perform its obligations under this Agreement, City shall be entitled to specific performance and/or damages pursuant to the procedures set forth in Code of Civil Procedure Section 638 et seq., for a determination to be made which shall be binding upon the parties as it .tried before a court or jury. City 5 1 2 3 4 5 6 7 8 911 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 -" 25 26 27 ._:. 28 i shall also be entitled to award of its reasonable costs and expenses, including attorneys fees, in the event it is required to .seek specific performance or perform the repair itself. 6.2 Within five (5) business days after service of a demand by City, Owner and City shall agree upon a._ single referee who shall then try all issues, whether of fact or law, then report a finding and judgment thereon. If the parties are unable to agree upon a referee, either party may seek to have one appointed, pursuant to California Code of Civil Procedure Section 640, by the presiding judge of the Orange County Superior Court. 6.3 The compensation of the referee shall be such charge as is customarily charged by the referee for like services. The cost of such proceedings shall initially be borne equally by the parties. However, the prevailing party in such proceedings shall be entitled, in addition to all other attorney's fees and costs, to recover its contribution for the cost of the referee as an item of recoverable costs. 6.4 The referee shall apply all California rules of procedure and evidence and shall apply the substantive law of the State of California in deciding the issues to be heard. 6 •A. 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 6.5 'he referee's decision ti �,r California Code of Civil Procedure Section 644 shall stand as the judgment of the court, subject to appellate review as provided by the laws of the State of California. 6.6 The parties agree that any such dispute shall be decided as soon as practicably possible. The date of hearing for any * proceeding shall be determined by agreement of the parties and the referee, or if the parties cannot agree, then by the referee. 6.7 The referee shall have the power to award damages and all other relief. 7. Not an Admission of Liability. Any repair work undertaken under this Agreement shall not be an admission of ultimate liability for the slope repairs. The Owner performing emergency repair work as required under this Agreement shall be entitled to recover the costs of that work from the person or persons ultimately found to be liable for the slope displacements. 8. Indemnity Agreements with Others. This Agreement only deals with the obligations owing to the City. Owner may privately contract with another party to be held harmless from and against the liabilities created by this Agreement, although any such private contract shali not operate to release the Owner from Owner's obligation under this Agreement. 9. Governing Law. This Agreement shall be interpreted under the laws of the State of California, and in light of the intent and requirements of Ordinance No. 1018. OAF 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 10. Wa my of Authority. Each ;y hereby warrants that it has been duly authorized to enter into this Agreement and that the person(s) signing on their behalf have the authority to do so. CITY OF TUSTIN Date: By ATTEST: City Clerk APPROVED AS TO FORM: CITY ATTORNEY By LEJ:rr:R:12/19/89:(m109.rr) [OWNER'S NAME] By Its Title By Its Title 8 1 RACT NO. AND TITLE OF GR, NG PLAN] SLOPE REPAIR AGREEMENT 3 [WHERE HOMEOWNER'S ASSOCIATION ASSUMES OWNER'S REPAIR AGREEMENT] 4 This Slope Repair Agreement ("the Agreement") is entered into 5 this day of , 19 by and between 6 "Association" " ("Association") and the City of Tustin ("City"). ). 7 WHEREAS, Association is a homeowner's association charged by 8 recorded CC&R's with the responsibility for maintaining and 9 repairing slopes on the land designated on [on file in 10 the City's Community Development Department] (the "Slope Area"); 11 and 12 WHEREAS, the City has previously approved grading plans for 13 the Slope Area and issued grading permits for the creation of 14 manufactured slopes in the Slope Area on condition, among others, 15 that the landowner comply with the Slope Warranty Program required 16 by City Ordinance No. 1018, by entering into a Slope Repair 17 Agreement with the City, attached hereto as Exhibit "A" and 18 incorporated herein by this reference; and 19 WHEREAS, Association desires to assume the owner's obligations 20 under the Slope Repair Agreement�in Exhibit "A". 21 NOW, THEREFORE, in consideration of the premises and for a 22 valuable consideration receipt of which is hereby acknowledged, 23 Association agrees as follows: #24 25 1. Definitions. 26 1.1 Slope Displacement shall mean the following as 27 related to any warranty slope in the Slope Area: 28 )6x.l & WOODRUFF 1 1RNCYf AT LAW ORANGz-. 1 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 & WOODRUFF A-ORN[YS AT LAW' ORANG[ .1.1 Displacement of it on a warranty slope at a depth of two feet or more ( measured at right angles to the slope face), with vertical movement of one foot or more, regardless of course, and regardless of the square footage involved, or 1.1.2 Displacement of soil on a warranty slope with vertical movement of one foot or more and involving an area of at least 900 square feet, regardless of depth and regardless of cause. Slope displacement does not include surface cracking or fissures, erosion (unless erosion ultimately results in slope displacement) or displacement of soil caused by earthquake or seismic activity. 1.2 Warranty Slope shall means those manufactured slopes identified by the City on the approved grading plans for the Slope Area, which are incorporated by reference herein. 2. Association's Obligation To Repair. Association shall undertake, or cause to be undertaken, interim emergency repairs of any slope displacement occurring within three years of City's certification of completion of the grading work on the Slope Area unless this Agreement is earlier terminated as provided below. The obligation created by this Agreement is to undertake emergency repairs as reasonably required by the City to stabilize the slope displacement and prevent further displacement, and is not a commitment to undertake a complete and final restructuring and repair of the slope displacement. 2 ' 1 2 .7L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 _ 20 21 22 23 24 25 26 r 27 ' 28 & WOODRUFF TTORNCY! AT,LAW ' j ORANGQ 3. Ter ation Before Three Years Association repair obligations under this Agreement shall be terminated in whole or in part, as applicable, by: 3.1 City's Issuance of a Subsequent Grading Permit for a warranty slope for the Slope Area involved in or impacted by the subsequent grading permit; or 3.2 City's approval of a substitute repair agreement covering the warranty slopes. 3.3 City shall give written notice to Association of such termination. 4. The obligations of Association to perform in accordance with the terms of this Agreement have been secured by the following method: Association has submitted evidence to the City that it has a net worth of at least $1,000,000.00 so that no additional security is required; Association has delivered to City a bond or bonds by one or more duly authorized corporate securities, in an amount equal to 55 cents per square foot of warranty slope face, but in no event more than $100,000.00 (the "security amount"); ' Association has deposited with City an amount of money equal to the security amount with the City or a City designated escrow agent'or trust company; or Association has delivered to City an irrevocable letter of credit in the security amount issued by a financial institution subject to regulation by the state or federal government. 3 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 5. En; ;ement . 5.1 In the event that Association fails or refuses to Perform its obligations under this Agreement, City shall be entitled to specific performance and/or damages pursuant to the procedures set forth in Code of Civil Procedure Sections 638 et seq., for a determination to be made which shall be binding upon the parties as if tried before a court or jury. City shall also be entitled to an award of its reasonable costs and expenses, including attorney fees, in the event it is required to seek specific performance or perform the repair itself. 5.2 Within five (5) business days after service of a demand by City, Association and City shall agree upon a single referee who shall then try. all issues, whether of fact or law, then report a finding and judgment thereon. If the parties are unable to agree upon a referee, either party may seek to have one appointed, pursuant to Code of Civil Procedure Section 640, by the presiding judge of the Orange County Superior Court. 5.3 The compensation of the referee shall be such charge as is customarily charged by the referee for like services. The cost of such proceedings shall be borne equally by the parties. However, the prevailing party in such proceedings shall be entitled, in addition to all other attorney fees and costs, to recover its contribution for the cost of the referee as an item of recoverable costs. 4 5.4 he referee shall apply 1 California Rules of Procedure and-Evidence and shall apply the substantive law of the State of California in deciding the issues to be heard. 5.5 The referee's decision under Code of Civil Procedure Section 644 shall stand as the judgment of the court, subject to appellate review as provided by the laws of the State of California. 5.6 The parties agree that any such dispute shall be decided as soon as practicably possible. The date of hearing for any proceeding shall be determined by agreement of the parties and of the referee, or if the parties cannot agree, then by the referee. 5.7 The referee shall have the power to award damages and all other relief. 6. Not An Admission of Liability. Any repair work undertaken under this Agreement shall not be an admission of ultimate liability for the slope repairs. The Association performing emergency repair work as required under this Agreement shall be entitled to recover the costs of that work from the person or persons ultimately found to be liable for the slope displacement. 7. Indemnity-Agreements With Others. This Agreement only deals with the obligations owing to the City. Association may privately contract with another party to be held harmless from and against the liabilities created by this Agreement, although any such private contracts shall not operate to release the Association from Association's obligations under 5 1 x 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 L. Ac 0t WOODRUFF )RN[Ys AT LAW ORAHG9 t I this Agreemei 8. Governing Law. This Agreement shall be interpreted under the laws of the State of California, and in light of the intent and requirements of Ordinance No. 1018. 9. Warranty Of Authority. Each party hereby warrants that it has been duly authorized to enter into this Agreement and that the person(s) signing on their behalf have the authority to do so. Dated: 19 CITY OF TUSTIN ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY Dated: 19 BKO:rr:D:12/17/89(1159.rr) 2 By [NAME OF ASSOCIATION] By DECLARATION UNDER PENALTY OF PERJURY I, perjury as follows: AS TO NET WORTH OF hereby declare, under penalty of.:-. 1. It is hereby acknowledged and understood that the City intends and will rely upon the accuracy of all statements contained in this declaration. The declarant further acknowledges, understands and accepts that, in addition to the penalty of perjury, it is a misdemeanor for any person to deliver to the City a declaration that is untrue, and that the City shall be entitled to recover from declarant and the entity on whose behalf this declaration is executed, treble its damages incurred as consequence of a delivery to it of a false declaration. 2. I am the of and am making this declaration as part of compliance with the requirements of the City of Tustin's slope warranty program, adopted as part of Ordinance No. 1018, and as an inducement to the City of Tustin ("City") to issue Grading Permits for I have personal knowledge of net worth, and can and would testify in court concerning new worth under oath. Based upon that personal knowledge, I certify that has a net worth exceeding $1,000,000.00 in real or personal property, or both, over and above all debts and liabilities, using general accounting principles. f This declaration is made under 19 at R w By On Behalf of aLEJ:rr:D:12/6/89(m103) penalty of perjury on California.