HomeMy WebLinkAbout11 ORDINANCE 1280 11-03-03AGENDA REPORT
Agenda Item ~ ~
Reviewed: ~
Oity Manager
Finance Director ,-
MEETING DATE:
TO:
FROM:
SUBJECT:
NOVEMBER 3, 2003
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
APPROVAL OF ORDINANCE NO. 1280 AMENDING ARTICLE 8, CHAPTER 9
OF THE TUSTIN CITY CODE TO COMPLY WITH THE SANTA ANA REGION
WATER QUALITY CONTROL BOARD NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) MUNICIPAL STORM WATER PERMIT
SUMMARY
Grading Ordinance No. 1280 is an amendment to the City's existing Grading Ordinance,
Article 8 of Chapter 9 of the Tustin City Code. Ordinance No. 1280 will provide for
compliance with the current requirements of the Santa Ana Region Water Quality
Control Board ("Board") National Pollutant Discharge Elimination System ("NPDES")
Municipal Storm Water Permit, Order No. R8-2002-0010, NPDES No. CAS618030.
RECOMMENDATION
That the City Council introduce and have the first reading of Ordinance No. 1280 to
amend Article 8, Chapter 9 of the Tustin City Code to comply with Board's NPDES
Municipal Storm Water Permit and set for second reading at the Council's next
scheduled meeting.
FISCAL IMPACT
Them am no direct fiscal impacts associated with the proposed code amendment.
BACKGROUND
Article 8 of Chapter 9 of the Tustin City Code contains the City's grading ordinance. The
grading ordinance must be revised to conform with current requirements of the Board's
NPDES Municipal Storm Water Permit. The County of Orange prepared a model
ordinance to assist the permittee cities in revising the language of their ordinances. The
Community Development Department used the County's model grading ordinance and
coordinated with the City Attorney to develop the proposed changes as provided in draft
Ordinance No. 1280. The proposed revision to the City's Grading Ordinance amends
one existing section and adds two new sections.
Ordinance 1280
November 3, 2003
Page 2
The existing erosion control section is amended to require the owner to be responsible
for the installation and maintenance of all erosion and sediment control devices and a
civil engineer to be responsible for the inspection and revisions to the erosion and
sediment control devices.
The first new section is the definition section, which defines several terms and concepts
related to best management practices and rainy season.
The second new section provides several prescriptive requirements for erosion and
sediment control system maintenance and gives the City the authority to cause
emergency maintenance work to be done to protect adjacent private and public property
and environmental resources.
Elizabeth A. Binsack
Director of Community Development
Attachment: Grading Ordinance No. 1280
S:\CDD\CCrepod\10-03 Grading Ordinance Amendment.doc
ORDINANCE NO. 1280
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, AMENDING CHAPTER 9 OF ARTICLE 8 OF
THE TUSTIN CITY CODE TO ADOPT PROVISIONS
RELATING TO GRADING AND EXCAVATION
WHEREAS, the United States Congress passed the Clean Water Act [33 U.S.C.
§1251 et seq., as amended] as a mandate, in part, that Cities in major metropolitan
areas, such as Orange County, obtain permits to "effectively prohibit non-storm water
discharges into the storm sewers" and "require controls to reduce the discharge of
pollutants to the maximum extent practicable." This permitting authority has been
delegated by the United States Environmental Protection Agency ("EPA") to the State of
California, which has authorized the State Water Resources Control Board and the
regional water quality regulatory agencies, the Regional Water Quality Control Boards,
to control discharges to United States' waterways;
WHEREAS, the Santa Ana Regional Water Quality Control Board has addressed
the obligation to implement the Clean Water Act by issuing Waste Discharge
Requirements for the County of Orange, Orange County Flood Control District, and the
Incorporated Cities of Orange County Within the Santa Ana Region Areawide Urban
Stormwater Runoff, Orange County Order No. R8-2002-0010 (NPDES No. CAS618030)
(the "Santa Ana Regional Board Permit"). The Santa Ana Regional Board Permit shall
be referred to herein as the "National Pollution Discharge Elimination System Permit" or
"NPDES Permit";
WHEREAS, the City of Tustin ("City") is participating as a "Co-permittee" under
the NPDES Permit and pursuant to such permit, has determined to review and amend
its water quality ordinance to ensure it has the adequate legal authority as may be
necessary to carry out the requirements of the NPDES Permit and accomplish the
requirements of the Clean Water Act;
WHEREAS, stormwater runoff is one step in the natural cycle of water.
However, human activities, such as agriculture, construction, and the operation and
maintenance of an urban infrastructure may result in undesirable discharges of
pollutants and certain sediments, which may accumulate in local drainage channels and
waterways and eventually may be deposited in the waters of the State of California and
the Pacific Ocean;
WHEREAS, the purpose of this Ordinance is to continue the City's participation
in the improvement of water quality and to assure adequate legal authority exists for the
City to enforce Federal and State requirements for the control of pollutants from storm
water and urban runoff;
WHEREAS, the City is authorized by Article XI, §7 of the State Constitution to
exemise the police power of the State by adopting regulations promoting the public
health, public safety, and general prosperity;
O~inance 1280
Page 2
WHEREAS, the City has determined that a legitimate local purpose is present in
complying with the provisions of the NPDES Permit;
WHEREAS, a reduction in storm water and urban runoff borne pollution will
promote the public health and safety and protect the general welfare of the locality by
reducing the level of artificial and naturally occurring pollutants, which may improve the
quality of the waters in this region;
WHEREAS, the land use authority exercised by the City, pursuant to California
Government Code §65300 et seq., requires regional planning and the adoption of
policies protecting the environment through the imposition of reasonable conditions on
the use of land;
WHEREAS, the Subdivision Map Act, California Government Code §66410 et
seq., authorizes the City to regulate and control the design and improvement of
subdivided lands and mitigate the burdens of proposed development by imposing
reasonable conditions on map approval;
WHEREAS, California Constitution Article Xl, §7 and Government Code §38660
authorize the City to establish appropriate conditions for the issuance of building
permits, which require the installation of improvements reasonably related to the
proposed use of property;
WHEREAS, Government Code §38771 authorizes the City to declare as public
nuisances undesirable acts which may injure health or cause interference with the
comfortable enjoyment of life or property and to provide for the abatement of the same;
WHEREAS, this Ordinance conforms to the policies and goals of the General
Plan adopted by the City, pursuant to California Planning and Zoning Law, for the
protection of the regional watershed by implementing measures to control erosion and
prevent the discharge of pollutants to streams and other waters;
WHEREAS, the amendments to the City's municipal code through this Ordinance
are being made in accordance with the NPDES Permit, the requirements of which are
exempt from the California Environmental Quality Act, Public Resources Code §21000,
et seq. ("CEQA") pursuant to CEQA categorical exemption, CEQA Guidelines,
respectively, Title 14, California Code of Regulations Section 15308 (class 8).
The City Council of the City of Tustin does ordain as follows:
Section 1:
Chapter 9 of Article 8 of the Tustin City Code is hereby repealed in its
entirety, and a new Chapter 9, Article 8 entitled Grading and Excavation is
hereby added to read as follows:
O~inance 1280
Page 3
8901
8902
CHAPTER INDEX
8901
8902
8903
8904
8905
8906
8907
8908
8909
8910
8911
8912
8913
8914
8915
8916
8917
8918
8919
8920
8921
8922
8923
8924
8925
8926
8927
PURPOSE
SCOPE
COMPLIANCE WITH CHAPTER
GRADING MANUAL
DEFINITIONS
PERMITS REQUIRED
EXCAVATION BLASTING
TYPES OF GRADING PERMITS/RELATION TO BUILDING PERMITS
APPLICATION FOR PERMIT
PERMIT ISSUANCE
DENIAL OF PERMIT
EXPIRATION AND RENEWAL
SUSPENSION OR REVOCATION
APPEALS
HILLSIDE REVIEW
HAZARDS
DEPOSITS OF EARTH, ROCK, OR EXCAVATED MATERIALS
FEES AND BONDS
CUT AND FILLS
SETBACKS
DRAINAGE AND TERRACING
ASPHALT/CONCRETE PAVEMENT
EROSION CONTROL AND WATER QUALITY REQUIREMENT
SYSTEMS
EROSION AND SEDIMENT CONTROL AND WATER QUALITY
REQUIREMENT SYSTEM MAINTENANCE
GRADING INSPECTION AND COMPLETION OF WORK
LIABILITY FOR DAMAGES DISCLAIMER
RESPONSIBILITY OF PERMITTEE
PURPOSE
The purpose of this Chapter is to protect the public health, safety, and general
welfare by minimizing the adverse effects of Grading, cut and Fill operations,
water runoff, and Soil Erosion.
SCOPE
A. This Chapter sets forth rules and regulations to control Excavation, Grading,
and earthwork construction, including but not limited to Fills and
embankments, establishes administrative requirements for issuance of
Grading Permits, maintenance of property, and contains provisions to allow
City for Approval of plans and inspection of Grading construction in
accordance with the requirements for Grading and Excavation as contained in
Ordinance 1280
Page 4
8903
89O4
8905
the building code regulations then in effect as adopted and modified by City
Ordinance as well as Water Quality Requirements relevant to activities
subject to this Chapter.
B. In the event that a particular topic is not covered in either this Chapter or the
Grading Manual, provisions of the building code regulations shall govern.
COMPLIANCE WITH CHAPTER
No person shall commence Grading upon any lot, parcel, or tract of land without
complying with the applicable provisions of this Chapter and all other regulations
related to Grading. Grading within any special flood hazard area shall also
comply with Chapter 8 of Article 9, 9800 et. seq. of the Tustin City Code.
GRADING MANUAL
The Community Development Department shall formulate and modify as
necessary such rules, procedures, definitions, and interpretations as may be
necessary or convenient to administer this Chapter. Such rules, procedures,
definitions, and interpretations shall be referred to as the Tustin Grading
Manual.
The Grading Manual shall include provisions to assure that the Water Quality
Requirements relevant to activities subject to this Chapter apply to all such
activities.
C=
In the event of any conflict between this Chapter and the Grading Manual, the
provisions of this Chapter shall govern. The provisions of the Grading
Manual, to the extent that they are made conditions of any permit by the City,
shall be binding on the permittee.
DEFINITIONS
Approval shall mean a written engineering or geological opinion by the
responsible engineer, geologist of record, or responsible principal of the
engineering company concerning the progress and completion of the work unless
it specifically refers to the Building Official.
Approved Plans shall mean the current Grading plans which bear the stamp of
approval of the Building Official.
Approved Testing Agency shall mean a facility whose testing operations are
controlled and monitored by a registered Civil Engineer and which is equipped to
perform and certify the tests required by this Code, or the Grading Manual, as
determined by the Building Official.
O~inance 1280
Page 5
Best Management Practices (BMPs) shall mean schedules of activities, pollution
treatment practices or devices, prohibitions of practices, general good
housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent
or reduce the discharge of pollutants directly or indirectly to storm water,
receiving waters, or the storm water drainage system. Best Management
Practices also include but are not limited to treatment practices, operating
procedures, and practices to control Site runoff, spillage or leaks, sludge or water
disposal, or drainage from raw materials storage. Best Management Practices
may include any type of pollution prevention and pollution control measure that
can help to achieve compliance with this Chapter.
Bench shall mean a relatively level step excavated into Earth Material on which
Fill is to be placed.
Building Official is that person charged with the administration and enforcement
of this Chapter or his or her authorized representative.
Civil Engineer shall mean a professional engineer registered in the State of
California to practice in the field of Civil Engineering.
Civil Engineering shall mean the application of the knowledge of the forces of
nature, principles of mechanics, and the properties of materials for the
evaluation, design, and construction of civil works for the beneficial uses of
mankind.
Clearing, Brushing, and Grubbing shall mean the removal of vegetation (grass,
brush, trees, and similar plant types) by mechanical means.
Code shall mean the Tustin City Code.
Commercial Coach is a vehicle with or without motive power, designed and
equipped for human occupancy for industrial, professional, or commercial
purposes, and shall include a trailer coach.
Compaction is the densification of a Fill by mechanical means.
Dry Season is that part of the calendar year wherein a lower potential for rain
exists starting on May 1 and ending on September 30.
Earth Material is any rock, natural Soil or Fill, and/or any combination thereof.
Engineering Geologist shall mean a geologist certified in the State of California to
practice Engineering Geology.
Engineering Geology shall mean the application of geologic knowledge and
principles in the investigation and evaluation of naturally occurring rock and Soil
for use in the design of civil works.
Ordinance 1280
Page 6
Erosion is the wearing away of the ground surface as a result of the movement of
wind, water, and/or ice.
Erosion and Sediment Control Plan is a plan prepared, stamped, and signed by a
Civil Engineer in accordance with the Grading Manual and the City's Local
Implementation Plan which shows the various Temporary, Semi-Permanent, and
Permanent Erosion and Sediment Control Devices and Systems, and
incorporates appropriate Best Management Practices. The Plan shall
accommodate construction sequencing for both rainy and dry seasons.
Erosion and Sediment Control System is a combination of desilting facilities and
Erosion protection, including effective planting, to protect property, watercourses,
public or private facilities, and receiving waters from an abnormal deposition of
sediment or dust.
Excavation is the mechanical removal of Earth Material.
Fill is a deposit of Earth Material placed by artificial means.
Grade shall mean the vertical location of the ground surface.
(1) Existing Grade is the ground surface prior to Grading.
(2)
Finish Grade is the final grade of the Site which conforms to the
approved precise plan.
(3) Natural Grade is the ground surface unaltered by artificial means.
(4) Rough Grade is the stage at which the grade approximately
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 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 a Site where the Existing Grade is twenty (20) percent or greater,
and which may be adversely affected by drainage and/or stability conditions
within or from outside the Site, and/or which may cause an adverse effect on
adjacent property.
Mobilehome means a structure, transportable in one or more sections, designed
and equipped to contain not more than two dwelling units to be used with or
Ordinance 1280
Page 7
without a foundation system. Mobilehome does not include recreational vehicle,
Commercial Coach, or factory-built housing.
Owner or Ownership is any person, agency, firm, corporation, or entity having a
legal or equitable interest in a given real property.
Permanent Erosion and Sediment Control Devices are improvements which
remain throughout the life of the development. They include Terrace drains,
down drains, Slope landscaping, channels, storm drains, etc.
Precise Grading Permit is a permit that is issued on the basis of Approved Plans
which show the precise structure location, finish elevations, and all on-Site
improvements.
Rainy Season is that part of the calendar year wherein a higher potential for rain
exists starting on October 1 and ending on April 30.
Rough Grading Permit is a permit that is issued on the basis of Approved Plans
showing interim building pad drainage to the degree required by the Building
Official.
Semi-Permanent Erosion and Sediment Control Devices are devices which are
used primarily during construction and are not relocatable. They include earthen
berms, concrete spillways, desilting basins, riser/outlet pipes, etc.
Site is any lot or parcel or land or contiguous combination thereof under the
same Ownership, where Grading is performed or permitted.
Slope is an inclined ground surface, the inclination of which is expressed as a
ratio of horizontal distance to vertical distance.
Soil is naturally occurring, surficial deposits overlying bedrock.
Soil Engineer or Geotechnical Engineer is a Civil Engineer duly registered in the
State of California whose field of expertise is Soil mechanics.
Soil Engineering or Geotechnical Engineering shall mean the application of the
principles of Soil mechanics in the investigation, evaluation, and design of civil
works involving the use of Earth Materials and the inspection and testing of the
construction thereof.
Special Inspector is an inspector duly licensed by the Building Official to perform
specialized inspections of asphalt concrete placement and related construction
work or other Grading related work as specified by the Building Official.
Storm Water Permits are permits issued by a local, state, or federal regulatory
agency regulating storm water flow over and from any project subject to this
Chapter including but not limited to NPDES Permits and State General Permits.
Ordinance 1280
Page 8
8906
Surveyor shall mean a professional surveyor or Civil Engineer registered in the
State of California to practice land surveying.
Temporary Erosion and Sediment Control Devices are devices that are
removable and can be salvaged for subsequent reuse. In most cases they will
last no longer than one Rainy Season. They include sandbags, gravel bags,
plastic sheeting (visqueen), silt fencing, straw bales, and similar items.
Terrace is a relatively level step constructed in the face of a graded Slope
surface for drainage and maintenance purposes.
Water Quality Requirements are the requirements relevant to activities that are
subject to this chapter found in the Tustin City Code regarding water quality,
Section 4900 et seq., and the Orange County Drainage Area Management Plan
(DAMP), including all appendices and guidance documents included in the
DAMP, as well as requirements relevant to the activities that are subject to this
chapter found in Storm Water Permits.
Wet Season shall mean Rainy Season.
PERMITS REQUIRED
A. No person shall conduct any Grading, Clearing, Brushing, or Grubbing on
Natural or Existing Grade that is preparatory to Grading without first having
obtained a Grading Permit from the City. Exemptions to this requirement are
as follows or as otherwise determined by the Building Official:
An Excavation below Finished Grade for basements and footings of a
building, Mobilehome, retaining wall, swimming pool, or other structure
authorized by a valid building permit. This shall not exempt from permit
requirements any Fill made with the material from such Excavation nor
exempt any Excavation having an unsupported depth greater than five
feet after the completion of the structure. In these situations, the Building
Official may require a Soil or geology report for foundation design and
inspect said Fill or Excavation when in the opinion of the Building Official
potential hazard considerations warrant such information;
2. Cemetery graves;
3. Refuse disposal sites controlled by other regulations;
Mining, quarrying, excavating, processing, stockpiling of rock, sand,
gravel, aggregate, or clay where established and provided for by law,
provided such operations do not affect the lateral support or increase the
stresses in or pressure upon any adjacent or contiguous property or
contribute sediment to adjacent properties. Such operations shall be
subject to all requirements contained in Section 8916 of this Chapter;
Ordinance 1280
Page 9
5. Exploratory excavations under the direction of Soil Engineers or
Engineering geologists;
Earthwork construction under the control of the Federal, State, County, or
any local agency as defined by Government Code sections 53090,
including special districts, pipeline or conduit excavation, and backfill
conducted by local agencies or public utilities as defined in subsection (7)
herein. Earthwork construction performed by railway companies on their
operating property provided, however, that this exemption shall only apply
when the work solely takes place on the property or dedicated rights-of-
way or easements of the above agencies. Any work done in a public right-
of-way dedicated to the City shall be regulated by the City's Public Works
Department;
Excavation and backfill for installation and repair of underground utilities
by public utilities or companies operating under the authority of a City
franchise or public property encroachment permit issued by the City;
An Excavation which does not exceed fifty (50) cubic yards on any one
Site and which: (1) is less than two feet in vertical depth, or (2) does not
create a cut slope greater than five feet in vertical height;
A Fill less than three feet in depth placed on Natural Grade with a slope
flatter than five horizontal to one vertical (5:1), which does not exceed fifty
(50) cubic yards on any one Site and does not obstruct a drainage course;
10.A Fill less than three feet in depth, not intended to support structures or
Mobilehomes, which does not exceed fifty (50) cubic yards on any one
Site and does not obstruct a drainage course;
11. Emergency work as authorized by the City necessary to protect life, limb,
or property or to maintain the safety, use, or stability of a public right-of-
way or drainage way;
12. Filling of Soil for agricultural and horticultural purposes;
13. Resurfacing or maintenance of paved surfaces.
A Grading Permit in hillside areas as defined in Section 8915 of this Chapter
shall not be issued until approval of a Hillside Review Application.
Grading Permit, paving - No person shall construct pavement surfacing in
excess of three thousand (3,000) square feet on Natural or Existing Grade
for the purpose of a private road or commercial, industrial, or multi-residential
O~inance 1280
Page 10
parking lot or access driveway without a valid Grading Permit unless waived
in writing by the Building Official.
Grading Permit, watercourse alteration - No person shall alter an existing
watercourse or channel by excavating, or placing Fill, rock protection, or
structural improvements without a valid Grading Permit unless waived by the
Building Official or performed as interim protection under emergency flood
fighting conditions.
8907 EXCAVATION BLASTING
No person shall possess, store, sell, transport, or use explosives or blasting
agents to do any Excavation within the City.
8908 TYPES OF GRADING PERMITS/RELATION TO BUILDING PERMITS
Either a Rough Grading Permit or a Precise Grading Permit may be issued for
Grading work upon completion of an application in accordance with the
Grading Manual and approval by the Building Official. The selection of either
a Rough or Precise Grading Permit is at option of the permittee provided that
the plans satisfy the requirements of the Grading Manual.
Building permits may be issued for a Site graded under a valid Precise
Grading Permit upon completion and approval of Rough Grade inspection as
specified in the Grading Manual, Site inspection by the Building Official.
Building permits shall not be issued for a Site graded under a Rough Grading
Permit until an approved Precise Grading Permit has been issued and the
provisions of subsection B of this section have been satisfied.
8909 APPLICATION FOR PERMIT
To obtain a Grading Permit, the applicant must first file an application in
writing on a form furnished by the Community Development Department. The
permit application shall be accompanied by such information, plans and
specifications, and reports as required by the Building Official and as
specified in the Tustin Grading Manual. A separate permit shall be required
for each Site and may cover both Excavations and Fill. Each application for a
Grading Permit for a construction Site required to be covered under the State
General Construction Stormwater Permit shall include proof of the filing of a
Notice of Intent with the State Water Resources Control Board.
Expiration of Plan Review - Applications for which no Grading Permit is
issued within one hundred eighty (180) days following the date of application
shall expire by limitation and become null and void.
Ordinance 1280
Page 11
8910
Plans submitted for checking may thereafter be returned to the applicant or
disposed of by the Building Official. The Building Official maY extend the time
for action by the applicant for a period not exceeding one hundred eighty
(180) days upon written request by the applicant showing that cimumstances
beyond the control of the applicant have prevented action from being taken.
In order to renew action for an application after expiration, the applicant shall
resubmit plans and pay a new plan check fee.
PERMITISSUANCE
The permit application and accompanying information as required by the
Grading Manual and by the Building Official filed by an applicant for a Grading
Permit shall be reviewed by the Building Official. Such plans may be
reviewed by other departments of the City to verify compliance with any
applicable City requirements, laws, or ordinances. If the Building Official finds
that the work described in the application for a Grading Permit and submitted
plans, specifications, and other data filed conform to the requirements of this
Chapter and other pertinent laws, ordinances, City requirements, and the
Grading Manual and that the required fees have been paid, a Grading Permit
shall be issued.
Bo
In issuing any Grading Permits under this Chapter, the Building Official may
attach any conditions as may be reasonable and necessary to protect the
public welfare. This includes but is not limited to conditions to prevent danger
to public or private property, to prevent hazards to life or property, to minimize
adverse effects on the environment with conditions such as bonding, to
ensure proper cleanup of operations, to recover cost for water quality
enfomement, and to recover cost for construction hours enforcement.
When the Building Official issues a Grading Permit, plans and specifications
will be endorsed in writing or stamped "APPROVED" by the Building Official.
Such approved plans and specifications shall not be changed, modified, or
altered without authorization from the Building Official, and all work shall be
done in accordance with the approved plans.
The issuance of a Grading Permit based upon plans, specifications, and other
data shall not prevent the Building Official from thereafter requiring the
correction of errors in said plans, specifications, and other data.
The issuance of a Grading Permit shall constitute an authorization to do only
that work which is described or illustrated on the application for the Grading
Permit, or on the Grading plans and specifications approved by the Building
Official.
F. Grading Permits issued under the provisions of this section shall not relieve
the applicant and/or owner of the responsibility for securing other permits or
Ordinance 1280
Page 12
licenses that may be required from other departments or divisions of the City
or other government entities.
The issuance of a Grading Permit shall not prevent the Building Official from
thereafter halting Grading operations being carried on in violation of this
Chapter, the Tustin City Code, or of any other laws.
H=
One set of approved plans and specifications shall be returned to the
applicant and shall be kept on the Site of the work at all times during the
progress of Grading work. One set of approved plans, specifications, and
computations shall be retained by the Building Official until final approval of
the work.
8911 DENIAL OF PERMIT
A=
Whenever in the determination of the Building Official the proposed work
would create a hazard to human life or endanger property, or any public
sewer, storm drain, watercourse, street, street improvement, or any other
public property, the application shall be denied unless in the opinion of the
Building Official the danger or hazard can be eliminated by specified methods.
The Building Official may grant the Grading Permit upon condition that the
specified protection and precautionary work be done to the Building Official's
satisfaction, or upon condition that a specified method of performing the work
be used or a bond be posted as deemed appropriate by the Building Official.
The Building Official may require plans and specifications to be modified in
order to mitigate anticipated adverse environmental effects of proposed
Grading projects. The Building Official may, under circumstances where the
significant adverse environmental effects of a proposed Grading project cannot
be mitigated, deny the issuance of a Grading Permit.
8912 EXPIRATION AND RENEWAL
Every Grading Permit issued shall expire by limitation and become null and
void if the work authorized by such permit is not commenced within one-
hundred eighty (180) days from the date of such permit, if the work authorized
by such permit is suspended or abandoned at any time after the work is
commenced for a period of one-hundred eighty (180) days, or if the work is
not completed within one year from the date of the permit or as otherwise
indicated on the permit or in the improvement agreement.
After expiration of a Grading Permit and prior to work commencing, a new
Grading Permit shall first be obtained and the fee thereof shall be one-half
(1/2) the amount required for a new Grading Permit for such work, provided
no changes have been made or will be made in the original plans and
Ordinance 1280
Page 13
8913
specifications for such work and provided further that such suspension or
abandonment has not exceeded one year.
Any permitee holding an unexpired Grading Permit may apply for an
extension of the time to commence work when unable to commence work
within the time required by this section for good and satisfactory reasons.
The Building Official may extend the time for action by the permittee for a
period not exceeding two successive periods of one-hundred eighty (180)
days upon written request by the permitee showing that circumstances
beyond the control of the permittee have prevented action from being taken.
A Grading Permit issued hereunder shall expire upon a change of ownership
if the Grading work thereon, for which said permit was issued, has not been
completed, and a new permit shall be required for the completion of the work.
If the time limitations of A and B of this section are not applicable and if no
changes have been made to the plans and specifications, no charge shall be
made for the issuance of the new permit under such circumstances. If,
however, changes have been made to the plans and specifications last
submitted to the City, the provisions in subsection B shall apply.
Subject to the provisions of Section 8911, the Building Official may require
that Grading operations and project designs be modified if delays occur from
weather-related problems not considered at the time the Grading Permit was
issued.
SUSPENSION OR REVOCATION
Whenever any work is being done in violation of this Chapter, the Tustin City
Code, or of any law, the Building Official may order the work stopped by
notice in writing served upon the person to whom the Grading Permit was
issued, or agent or employee engaged in doing or causing such work to be
done, and any such person shall forthwith stop such work until authorized by
the Building Office to proceed with the work.
The notice shall contain a brief statement of the grounds for the stop work
order. Notice may be given either by personal delivery or by first class mail.
The permittee may file an appeal of the order in the manner prescribed in
Section 8914. All work shall be stopped while the appeal is pending.
The Building Official may, in writing, immediately revoke a Grading Permit
whenever the permit was issued in error or on the basis of incorrect
information supplied, or was issued in violation of the Tustin City Code.
D. Any Grading Permit may also be revoked or suspended by the Building
Official after written notice and hearing for:
Ordinance 1280
Page 14
8914
8915
1. Violation of any condition of the Grading Permit;
2. Violation of any provision of this Chapter or any applicable law or
ordinance relating to the work.
The existence of any condition related to Grading which adversely affects
the public health, welfare, or safety or which is injurious to property or
improvements.
Written notice shall be served upon the person to whom the Grading
Permit was issued, or agent or employee engaged in the work. Such
notice shall contain a brief statement of the grounds for revoking or
suspending the permit and shall specify a hearing date no sooner than ten
(10) days after date of the notice. Notice may be given either by personal
delivery or by first class mail. The permittee may file an appeal of the
decision of the Building Official in the manner prescribed in Section 8914.
All work shall be stopped while the hearing and appeal is pending.
APPEALS
Any applicant for a Grading Permit, permittee, or other person who was
aggrieved by any decision to deny or grant a Grading Permit, issued a Stop Work
Order, or who was aggrieved by any decision to revoke or suspend a Grading
Permit may appeal said action to the Board of Appeals by filing with the
Community Development Department a written notice thereof within seven days
from the date of mailing or receipt of notice of such action by the City, whichever
occurs first. The aggrieved person shall be given a hearing before the Board of
Appeals, after which the Board of Appeals shall have discretion to grant or deny
the appeal or modify the decision of the Building Official and the decision of the
Board of Appeals shall be final.
HILLSIDE REVIEW
A. Purpose.
The purpose of hillside review is to provide supplementary regulations to
ensure that Grading, Excavation, and development in hillside areas occurs in
such a manner as to respect the natural and topographic character and
identity of hillside areas as scenic resoumes and to protect the public health,
safety, and general welfare by ensuring that development does not create
geologic hazards, Soil Erosion, silting of lower Slopes, slide damage, or
flooding problems.
B. Applicability.
1. Hillside review provisions of this Chapter shall apply to:
O~inance 1280
Page15
a. All areas located within the boundaries of the hillside district as shown
in the East Tustin Specific Plan.
Outside the East Tustin Specific Plan, provisions to any development
Site where the average Existing Grade is twenty (20) percent or
greater, a Site which entails cut and/or Fill Grading of three feet or
more in vertical height below or above natural ground, or a
combination of Fill-over-cut Slopes equal to or greater than five feet in
vertical height which may be altered or adversely affected by drainage
or stability conditions within or from outside the Site or which may
cause an adverse effect on adjacent property.
Hillside review shall be required prior to or concurrently with approval of a
tentative map or prior to issuance of a Grading Permit or building permit
for any Site located within a hillside area as defined in subsection B of this
section.
3. Hillside review shall not be required for any of the following:
Where a proposed building, improvement, or portion thereof does not
in any way alter the ground coverage of a developed Site, an existing
building, or structure.
b. Grading pursuant to a permit for Excavation in public streets.
c. Grading for a public improvement or public work for which inspection is
provided by the City or another public agency.
d. Grading by a public utility or water company.
e. Tilling of the Soil for agricultural and horticultural purposes.
f. Exemptions listed in Section 8906.
Procedure.
Applications for hillside review shall be made on forms provided by the
Community Development Department and shall contain detailed
information as is determined by the Director of Community Development
to be necessary in accordance with the Grading Manual.
Preliminary review - The applicant is encouraged to submit a preliminary
application and drawings to the Community Development Department for
preliminary staff review to determine compliance with specific hillside
objectives and guidelines contained in this section and in the Grading
Ordinance 1280
Page 16
Manual and to identify specific Site concerns and problems at the earliest
possible stage, to help reduce the chance of problems causing delays
later in the approval process, and to facilitate the coordination of issues
and concerns of individual City departments.
Applications for hillside review shall comply with the California
Environmental Quality Act, Public Resources Code {}21000, et seq.
(CEQA).
The Director of Community Development shall have the authority to
approve, approve with conditions, deny, or refer to the Planning
Commission hillside review applications determined to be minor in scope.
Such projects include additions, landscaping projects, minor Grading for
access, and various other projects determined to be similar by the Director
of Community Development. In order to be considered minor, the project
must:
a. Involve less than two hundred (200) cubic yards (sum of cut and Fill);
or
b. Involve less than a five foot deep cut; or
c. Involve less than a five foot high Fill.
Any hillside review application not considered minor shall be referred to
the Planning Commission which shall have the authority to approve, deny,
or conditionally approve the request.
Any applicant or aggrieved party may appeal any decision of the Director
of Community Development to the Planning Commission and any decision
of the Planning Commission to the City Council by filing a written request
with the City within seven days after the respective decision is made.
Approval shall become null and void unless a Grading Permit is issued
within twenty four (24) months of the hillside review approval date or upon
expiration of an approved tentative subdivision map, whichever occurs
first.
In reviewing an application for hillside review, the Director of Community
Development, Planning Commission, or City Council shall use guidelines
for hillside Grading contained in the Grading Manual and shall insure the
attainment of the following objectives:
Compliance with guidelines established in the September 1976 Fire
Protection Planning Task Force Report adopted by the Orange County
Board of Supervisors and entitled "Fire Hazard Background Report and
O~inance 1280
Page17
b=
d=
h=
Recommendations for the Reduction of Fire Hazard at the Natural
Open Space/Urban Development Interface Orange County, California."
Provision of fire resistant roofing materials, Class A minimum.
Assurance that visual, drainage, and slope erosion impacts created by
any pamel or tract map and subsequent grading are within either the
property owner's management and control or the homeowners'
association, whichever is applicable.
Assurance that Sites are planned in such a way so as to preserve or
enhance important vistas and maintain the overall landform character
of the land use area, particularly those seen from public places.
Preservation of the open space values of the central Peters Canyon
ridge as identified in the East Tustin Specific Plan by excluding
buildings and overhead utility lines from being developed on the top of
the ridgeline and by careful siting of structures and landscaping
adjacent to the ridgeline.
Assurance that, where feasible, Grading and Siting reflects the natural
topography of the land, the natural drainage patterns of the land, and
minimizes creation of excessively large leveled areas by Grading.
Assurance that Grading on hillside areas should soften hard edges left
by cut and Fill operations. Where an adverse visual impact may occur,
rounded finished contours are required.
Assurance that Grading Slopes (cut or Fill), including roadsides, will
undergo permanent revegetation in a timely manner to minimize
chance of Erosion and siltation.
Adequate provision for drainage and Erosion control made to avoid
any damage to existing landform.
Provision and approval of an independent engineering study
concerning the potential impact of Slope instability, liquefaction,
landslide and seismic potential for proposed development within a
Geologic Hazard Special Study Zone.
The natural profile and landform character of the Knoll identified in the
East Tustin Specific Plan is maintained.
Assurance that roadway alignment and Grading impacts in hillside
areas are minimized and hillside roadways are designed consistent
with guidelines contained in the Grading Manual.
Ordinance 1280
Page 18
8916
8917
m. Assurance that slope gradients will vary when adjacent to roadways to
create open areas to be planted, thus softening the appearance of
man-made Slopes.
Preparation and recordation of a declaration of covenants, conditions,
and restrictions is provided for the development and maintenance of
Slopes and drainage devices shall be a condition of approval on
tentative subdivision maps. Every Grading Permit shall also be
conditioned upon the applicant and/or owner's warranty of all Slopes
through applicant's and/or owner's 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.
HAZARDS
Ao
Whenever the Building Official determines that any existing Excavation or
embankment or Fill on private property has become a hazard to life or limb,
or endangers property or adversely affects the safety, use, or stability of a
public way or drainage channel, the owner of the property upon which the
Excavation or Fill is located, or other person or agent in control of the
property, upon receipt of written notice from the City, shall within the period
specified therein, repair or eliminate such Excavation or embankment so as
to eliminate the hazard and be in conformance with the requirements of this
Chapter.
The provisions of this Chapter shall not be construed to authorize any person
to maintain a private or public nuisance upon their property, and compliance
with the terms of this Section shall not be a defense in any action to abate
such nuisance.
DEPOSITS OF EARTH, ROCK, OR EXCAVATED MATERIALS
No person shall dump, move or place any earth, sand, gravel, rock, stone, or
other excavated material or debris so as to cause the same to be deposited
upon or unreasonably roll, blow, flow, or wash upon or over the premises of
another without the express written consent of the owner of such premises
so affected, or upon or over any public place or way.
When loading or transporting any earth, sand, ground, rock, stone, or other
excavated material or debris, such material shall be prevented from blowing
or spilling onto public right-of-way or adjacent private property. The
permittee shall be responsible for maintaining public rights-of-way used for
handling purposes in a condition reasonably free of dust, earth, or debris
attributed to the Grading operation.
Ordinance 1280
Page 19
8918
8919
8920
If, due to a violation of subsection A or B of this section, any earth, sand,
ground, rock, stone, or other excavated material is caused to be deposited
upon or to roll, blow, or wash upon any public property or private property,
the person and/or business responsible shall cause Such material to be
removed.
Appropriate security as determined by the Building Official or Public Works
Director may be required to guarantee maintenance and repair of City streets
damaged during Grading and moving of import and export materials.
FEES AND BONDS
Prior to accepting a Grading Permit application and plans and specifications
for plan checking, the Building Official shall collect a plan checking fee as
approved by resolution of the City Council.
A permit fee for each Grading Permit shall be paid to the City prior to
issuance of a Grading Permit with such fee established by resolution of the
City Council.
The Building Official may require bonds or other security in such forms and
amounts deemed necessary to assure that the work, if not completed in
accordance with approved plans and specifications, will be corrected to
eliminate hazardous conditions, or to recover cost for water quality, or
construction hours enforcement, or to guarantee maintenance and repair of
City streets pursuant to Section 8917 D. The Grading Manual should be
referred to for bonding procedures and requirements.
CUT AND FILLS
Cut Slopes shall be no steeper than two horizontal to one vertical (2:1)
unless the owner furnishes a soils engineering or an engineering geology
report, or both, as required by the Building Official stating that the Site has
been investigated and giving the opinion that a cut at a steeper Slope will be
stable and not create a hazard to public or private property. All cuts shall
conform to the Grading Manual.
Unless otherwise recommended by a soils engineering report approved by
the Building Official, Fills shall conform to provisions contained in the
Grading Manual. Fill Slopes shall also be no steeper than two horizontal to
one vertical (2:1).
SETBACKS
A. Cut and Fill Slopes shall be setback from site boundaries in accordance with
the Grading Manual.
Ordinance 1280
Page 20
The setbacks and other restrictions specified by provisions of the Grading
Manual establish minimum requirements that may be increased by the
Building Official, if necessary, for safety and stability or to prevent damage to
structures or adjacent properties from sediment deposition, Erosion, water
runoff of the Slopes, or to provide access for Slope and drainage structure
maintenance.
8921 DRAINAGE AND TERRACING
Drainage and Terracing shall conform to the provisions of the Grading Manual
unless otherwise approved by the Building Official on the approved Grading plan.
8922 ASPHALT/CONCRETE PAVEMENT
Asphalt or concrete pavement for surfacing of parking lots, private streets, or
other similar uses shall conform to the Grading Manual and Minimum Design
Standards and Construction Standards unless otherwise approved by the
Building Official.
The Building Official or inspector may request that a Site Soil Engineer or
Special Inspector inspect construction of asphalt or concrete paved areas
and verify to the Building Official that the work has been performed to
compliance with City standards.
8923 EROSION CONTROL AND WATER QUALITY REQUIREMENT SYSTEMS
The faces of cut and Fill Slopes and the project Site shall be prepared and
maintained to control against Erosion. This control may consist of effective
planting. The protection for Slopes shall be installed as soon as practical
and prior to calling for final approval. It is recommended that drought
resistant plant materials be utilized wherever possible and fire retardant
plants in hillside areas. Where Slopes are not subject to Erosion due to the
erosion-resistant character of the materials, such protection may be omitted
upon approval by the Building Official.
Where necessary, Permanent or Temporary Erosion control devices such as
desilting basins, check dams, cribbing, rip rap, or other devices or methods
shall be employed to control Erosion and provide safety during the Rainy
Season.
No grading work in excess of two hundred (200) cubic yards will be allowed
between October 15th and April 15th on any single Grading Site under permit
unless an Erosion Control System has been filed and approved or waived in
writing by the Building Official.
O~inance 1280
Page 21
Paved streets, sidewalks, and other improvements shall be maintained in a
neat and clean condition, free of loose Soil, construction debris, and trash.
Street sweeping or other equally effective means shall be used on a regular
basis to prevent storm flows from carrying sediment and debris outside the
project boundaries.
Unless otherwise approved by the Building Official, the Owner shall be
required to retain a Civil Engineer who will be responsible for inspecting the
Erosion and Sediment Control Systems, and for the initial approval of
installation of Permanent and Semi-Permanent Erosion and Sediment
Control Devices during each Rainy Season until the work authorized by the
Grading Permit is given final approval. The Owner shall retain the Civil
Engineer to periodically review the field conditions and modify, as needed to
ensure effectiveness, the Erosion and Sediment Control Plan during the
Rainy Season. Installation and maintenance of all Erosion and Sediment
Control Devices shall be the responsibility of the Owner. The Civil Engineer
or other qualified individual who prepared the Grading Plan and the Erosion
and Sediment Control Plan shall be responsible for inspection and any
necessary plan revisions during the Rainy Season.
Desilting facilities shall be provided at drainage outlets from the Graded Site.
Desilting basins shall be designed to provide a minimum desilting capacity
equal to the current City standards.
Desilting basins shall be constructed around the perimeter of projects
whenever feasible when it provides improved maintenance access from
paved roads during wet weather.
Desilting basins constructed of compacted earth shall be compacted to a
relative Compaction of ninety (90) percent of maximum density. A Soil
Engineering Report, prepared by the Soil Engineer, which includes the type
of field testing performed, location, and results of testing shall be submitted
to the Building Official for approval upon completion of the desilting basins.
During the Rainy Season, disturbed Site areas that are not complete and
that are not being actively graded shall be fully protected from Erosion with
appropriate BMPs. Standby Erosion and Sediment Control BMPs sufficient
to completely protect otherwise exposed portions of the Site from Erosion
and to prevent sediment discharges shall be stored on Site and shall be
deployed prior to a storm event.
During the Dry Season, standby materials for sediment control BMPs
sufficient to completely protect exposed portions of the Site from discharging
sediment shall be stored on Site. Exposures shall be limited so that
complete implementation of such BMPs may be effected within forty-eight
Ordinance 1280
Page 22
(48) hours of a predicted storm event (a predicted storm event is defined as
a forecasted, fifty (50) percent chance of rain).
Erosion protection shall include effective planting of all Slopes in excess of
five feet high unless otherwise approved by the Building Official. Slopes
exceeding fifteen (15)feet high may require an adequate irrigation system,
as determined by the Building Official. Protection for the Slopes shall be
installed as soon as practicable, which may be prior to Rough Grade
approval. Effective planting shall be installed, fully germinated, and
effectively cover the required Slopes prior to final approval unless otherwise
approved by the Building Official.
The Erosion and Sediment Control provisions shall take into account
drainage patterns during the current and future phases of Grading
throughout the Rainy Season.
All removable protective devices shown shall be in place at the end of each
working day when the five-day rain probability forecast exceeds forty (40)
percent.
O. Graded areas around the tract perimeter must drain away from the face of
Slopes at the conclusion of each working day.
P. In addition to the requirements specified above, the permittee shall perform
all work in accordance with the Water Quality Requirements.
Any violation of an applicable federal or state-issued Storm Water Permit, or
failure to conform to the City's Water Quality Requirements prepared
pursuant to such a permit or pursuant to this Chapter, or failure to comply
with storm water related provisions of a City-issued Grading Permit or
Grading plan prepared to secure such a permit, is also a violation of this
Chapter.
8924 EROSION AND SEDIMENT CONTROL AND WATER QUALITY
REQUIREMENT SYSTEM MAINTENANCE
After each rainstorm, silt and debris shall be removed from check berms and
desilting basins and the basins pumped dry following approved Best
Management Practices for storm water disposal and state discharge
requirements.
After each rainstorm, the performance of the Erosion and Sediment Control
System shall be evaluated and repaired as necessary. If the design is found
to be ineffective, the Erosion and Sediment Control Plan shall be revised by
the Civil Engineer responsible for the design and approved by the Building
Official.
Ordinance 1280
Page 23
The contractor shall be responsible for and shall take necessary precautions
to prevent public trespass onto areas where impounded water creates a
hazardous condition.
The contractor and permittee or project Owner shall be responsible for
continual maintenance of all Erosion and Sediment Control devices as
required by the Erosion and Sediment Control Plan. In the event of failure or
refusal by the contractor, permittee, or project Owner to properly maintain the
devices, the Building Official may cause emergency maintenance work to be
done to protect adjacent private and public property and environmental
resources. The cost shall be charged to the Owner and shall include an initial
mobilization cost plus the cost of doing the work.
In the event the Building Official must cause emergency maintenance to be
done, the Building Official may revoke the Grading Permit in writing. The
Grading Permit shall not be renewed until an Erosion and Sediment Control
System and/or other systems necessary to comply with Water Quality
Requirements approved by the Building Official are installed and any penalty
fee has been paid by the Owner.
If any Grading subject to Section 8906 A, "Grading permit exemptions," of this
Chapter has commenced on private property without a valid Grading Permit,
the property Owner may be required to prepare and implement an Erosion
and Sediment Control System plan as well as other plans required under the
Water Quality Requirements which have been approved by the Building
Official. In the event of failure by the property Owner to install an approved
Erosion and Sediment Control System and/or other systems necessary to
comply with Water Quality Requirements, the Building Official may cause
emergency work to be done to protect adjacent private and public property.
8925 GRADING INSPECTION AND COMPLETION OF WORK
A. Grading operations for which a Grading Permit is required shall be subject to
inspection pursuant to provisions of the Grading Manual.
Upon completion of Rough or Precise Grading work, the Building Official
may require written approvals, reports, drawings, and supplements specified
in the Grading Manual.
8926 LIABILITY FOR DAMAGES DISCLAIMER
The City, its offices, or agents shall not be responsible for any condition or
damages resulting from Grading or Excavation work whether or not a Grading
Permit has been issued.
Ordinance 1280
Page 24
8927 RESPONSIBILITY OF PERMITTEE
It shall be the responsibility of the permit"tee to be knowledgeable about the
provisions of this Chapter, conditions, and/or restrictions of its Grading Permit,
the Grading Manual, the approved Grading plans and the approved soil and
geology reports.
Section 2:
Severability of parts of this Ordinance and the adopted codes. It is hereby
declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this Ordinance and the
adopted Codes are severable, and if any phrase, clause, sentence,
paragraph, or section of this Code shall be declared unconstitutional by
the valid judgment or decree or court of competent jurisdiction, such
unconstitutionally shall not affect any of the remaining phrases, clauses,
sentences, paragraphs, and sections of this Ordinance and the adopted
Codes.
This Ordinance shall become effective on the thirty-first day after passage. The
City Clerk shall certify to the adoption of this Ordinance and cause this Ordinance to be
posted at the designated posting places within the City within fifteen days after passage
and adoption as may be required by law.
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular
meeting on the __ day of ,2003.
TRACY WORLEY HAGEN
Mayor
PAMELA STOKER
City Clerk
Ordinance 1280
Page 25
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of the City
Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1280 was
duly and regularly introduced at a regular meeting of the Tustin City Council, held on the
3rd day of November, 2003 and was given its second reading, passed, and adopted at a
regular meeting of the City Council held on the __day of ,2003 by the
following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk