HomeMy WebLinkAboutORD 1018 (1989) 1
3 ORDINANCE NO. 1018
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, AMENDING SPECIFIED SECTIONS OF ARTICLE 8 OF
5 THE TUSTIN CITY CODE TO ADOPT PROVISIONS RELATING TO
GRADING AND EXCAVATION
6
? The City Council o~ the City of Tustin does ordain as. follows:
8 Section 1: Section 8103 of Chapter 1, Article 8 of the Tustin
City Code is amended by adding subsection L. to read as follows:
L. Chapt. er 70 is hereby deleted in its entirety.
10
Section 2: Chapter 9 of Article 8 of the Tustin City Code is hereby
11 repealed in its entirety, and a new Chapter 9, Article 8 entitled
Grading and Excavation is hereby added to read as follows:
8900 GRADING AND EXCAVATION
13
8901 PURPOSE
The purpose of this Chapter is to protect the public health, safety
15 and general welfare by minimizing the adverse effects of grading, cut
and fill operations, water runoff and soil erosion.
8902 SCOPE
This Chapter sets forth rules and regulations to control excavation,
grading and earthwork construction, including fills and embankments,
establishes administrative procedures for issuance of permits,
maintenance of property and provi des for approval of plans and
inspection of grading construction.
8903 COMPLIANCE WITH CHAPTER
21
No person shall commence grading upon any lot, parcel or tract of land
2~- without complying with the applicable provisions of this Chapter and
all other regulations of the City related to grading. Grading within
23 any special Flood Hazard Area shall also comply with Chapter 8 of
Article 9, 9800 et. seq. of the Tustin City Code.
8904 GRADING MANUAL
A. The Community Development Department shall formulate such rules,
9.G procedures, definitions and interpretations as may be necessary
or convenient to administer this Chapter. Such rules,
27 procedures, definitions and interpretations shall be referred to
as the Tustin Grading Manual. The Manual and any subsequent
Ordinance No. 1018
Page two
revisions shall be approved by resolution of the City Council.
B. In the event of any conflict between this Chapter and the Grading
Manual, the provisions of this Chapter shall govern. The
provisions of the Grading Manual, to the extent that they are
made conditions of any permit by the City, shall be binding on
the permittee.
8905 PERMITS REQUIRED
A. No person shall do any grading without first having obtained a
grading permit from the City except for the following:
(1) An excavation below finished grade for basements and
footings of a building, manufactured home or structure,
retaining wall, swimming.pool or other structure authorized
by a valid building permit. This statement shall not exempt
from permit requirements any fill made with the material
from such excavation nor exempt any excavation having an
unsupported depth greater than five feet after the
completion of the structure. In these situations, the
Building Official may require a soil or geology report for
foundation design and inspect said fill or excavation when
in the opinion of the Building Official potential 'hazard
considerations warrant such information;
(2) -Cemetery graves;
(3) Refuse disposal sites controlled by other regulations;
{4) Mining, quarrying, excavating, processing, stockpiling of
rock, sand, gravel, aggregate or clay where established and
provided for by law; provided such operations do not affect
the lateral support or increase the stresses in or pressure
upon any adjacent or contiguous property or contribute
sediment to adjacent properties. Such operations shall be
subject to all requirements contained in Section 9815 of
this Chapter.
(5) Exploratory excavations under the direction of soil
engineers or engineering geologists.
(6) Earthwork construction under the control of the federal,
State, County, or any local agency as defined by Government
Code sections 53090 through 53095 including special
districts; pipeline or conduit excavation and backfill
conducted by local agencies or public utilities as defined
in subsection (7) herein. Earthwork construction performed
Ordinance No. 1018
Page three
by railway companies on their operating property; provided,
4 however, that this exemption shall only apply when the work
solely takes place on the property or dedicated
5 rights-of-way or easements of the above agencies. Any work
I! done in a public right-of-way dedicated to the City shall be
6' regulated by the City's Public Works Department;
? (7) Excavation and backfill for installation and repair of
underground utilities by public utilities or companies
8 operating under the authority of a City franchise or public
9 property encroachment permit issued by the City;
10 (8) An excavation which does not exceed fifty {50) cubic yards
on any one site and which (1) is less than two (2) feet in
vertical depth, or {2) which does not create a cut slope
11 greater than five (5) feet in vertical height;
12 (9) A fill less than three (3) feet in depth placed on natural
grade with a slope flatter than five (5} horizontal to one
13 (1) vertical (5:1), which does not exceed fifty (50) cubic
14 yards on any one site and does not obstruct a drainage
course;
15 (10} A fill less than three (3) feet in depth, not intended to
support structures or mobilehomes, which does not exceed
]G fifty (50) cubic yards on any one site and does not obstruct
11~ 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;
19
{12) Filling of soil for agricultural and horticultural purposes;
{13) Resurfacing or maintenance of paved surfaces.
22 B. A grading permit in hillside areas as defined in Section 8914 of
this Chapter shall not be issued until approval of a Hillside
Re view App 1 i cati o n.
23
24 C. Grading permit, paving - No person shall construct pavement
surfacing in excess of three thousand {3,000) square feet on
95 natural or existing grade for the purpose of a private road or
commercial, industrial or multi-residential parking lot or access
driveway without a valid grading permit unless waived in writing
by the Building Official.
~-8
Ordinance No. 1018
Page four
D. Grading permit, watercourse alteration - No person shall alter an
existing watercourse or channel by excavating, or placing fill,
rock protecti on or structural improvements without a val i d
grading permit unless waived by the Building Official or
performed as interim protection under emergency flood fighting
'condi ti ons.
8906 EXCAVATION BLASTING
No person shall possess, store, sell, transport or use explosives
or bl asti ng agents to do any excavati on wi thin the City of
Tu sti n.
8907 TYPES OF GRADING PERMITS / RELATION TO BUILDING PERMITS
A. Either a rough grading permit or a precise grading permit may be
issued for grading work upon completion of an application in
accordance 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.
B. Building permits may be issued for a site graded under a valid
precise grading permit upon completion and approval of rough
grade inspection as specified in the Grading Manual, site
inspection by the Building Official or his designated
representative.
C. Building permits shall not be issued for a site graded under a
rough grading permit until an approved precise grading permit has
been issued and the provisions of subsection (B} of this section
have been satisfied.
8908 APPLICATION FOR PERMIT
A. To obtain a grading permit, the applicant must first file an
· . appl i cati on i n wri ti ng on a form furnished by the Community
Development Department. The permit appl i cati on shal 1 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.
B. Expiration of Plan Review - Applications for which no permit is
issued within one hundred eighty (!80) days following the date of
application shall expire by limitation and become null and void
where building permits have not been obtained by the applicant
and where the City identified all necessary
correcti ons/i nformati on for permit issuance and was not
responsible for the delay.
Ordinance No. 1018
Page five
Plans submitted for checking may thereafter be returned to the
applicant or disposed of by the Building Official. The Building
Official may extend the time for action by the applicant for a
period not exceeding one hundred eighty {180) days upon written
request by the applicant showing that circumstances beyond the
control of the applicant' have prevented action from being taken.
In order to renew action for an application after expiration, the
applicant shall resubmit plans and pay a new plan check fee.
8909 PERMIT ISSUANCE
A. The permit application and accon~anying information as required
by the Grading Manual and by the Building Official filed by an
applicant for a grading-permit shall be reviewed by the Building
Official or his designated representative. Such plans may be
reviewed by other departments of the City to verify compliance
with any applicable City requirements, laws or ordinances. If
the Building Official finds that the work described in the
application for a permit and submitted plans, specifications and
other data filed conform to the requirements of this chapter and
other pertinent laws, ordinances, City requirements, and the
Grading Manual and that the required fees have been paid, a
permit shall be issued.
B. In issuing any permits under this Chapter, the Building Official
may attach any conditions as may be reasonable and necessary to
protect the public welfare. This includes but is not limited to
conditions to prevent danger to public or private property,
hazards to life or property, to minimize adverse effects on the
environment and condi ti ons such as bonding to ensure proper
clean-up of operations.
C. When the Building Official issues a permit, plans and
specifications will be endorsed in writing or stamped
"APPROVED" by the Building Official or his designated
representative. Such approved plans and specifications shall not
be changed, modified or altered without authorization from the
Building Official, and all work shall be done in accordance with
the approved plans.
D. The issuance of a permit based upon plans, specification and
other data shall not prevent the Building Official from
thereafter requiring the correction of errors in said plans,
specifications and other data.
E. The issuance of a grading permit shall consitute an authorization
to do only that work which is described or illustrated on the
application for the permit, or on the grading plans and
specifications approved by the Building Official.
Ordinance No. 1018
Page six
F. Permits issued under the provisions of this section shall not
relieve the applicant and/or owner of the responsibility for
securing other permits or licenses that may be required from
other departments or divisions of the City or other government
entities.
G. The issuance of a permit shall not prevent the Building Official
from thereafter halting grading operations being carried on in
viol ati on of this Chapter or of any other 1 aws or City
Ordinances.
H. One set of approved plans and specifications shall be returned to
the applicant and shall be kept on the site of the work at all
times during the progress of grading work. One set of approved
plans, specifications and computations shall be retained by the
Building Official until final approval of the work.
8910 DENIAL OF PERMIT
Whenever in the determination of the Building Official the proposed
work would create a hazard to human life or endanger property, or any
public sewer, storm drain, watercourse, street, street improvement or
any other public property, the application shall be denied unless in
the opinion of the Building Official the danger or hazard can be
eliminated by specified methods. The Building Official may grant the
permit upon condition that the specified protection and precautionary
work be done to the Building Official's satisfaction, or upon
condition that a specified method of performing the work be used or
a bond be posted as deemed appropriate by the Building Official.
The Building Official may require plans and specifications to be
modi fi ed i n order to mi ti gate anti ci pated adverse environmental
effects of proposed grading projects. The Building Official may,
under circumstances where the si gni fi cant adverse envi tonmental
effects of 'a proposed grading project cannot' be mitigated, deny the
issuance of a grading permit.
8911 EXPIRATION AND RENEWAL
A. Every permit issued shall expire by limitation and become null
and void if the work authorized by such permit is not commenced
within one-hundred eighty (180) days from the date of such
permit, if the work authorized by such permit is suspended or
abandoned at any time after the work is commenced for a period of
one-hundred eighty {180} days, or if the work is not completed
within one year from the date of the permit or as otherwise
indicated on the permit or in the improvement agreement.
B. After expiration of a permit and prior to work commencing, a new
permit shall first be obtained and the fee thereof shall be
1
Ordinance No. 1018
2 Page seven
4 one-half the amount required for a new permit for such work,
provided no changes have been made or wi 11 be made i n the
5 original plans and specification for such work; and provided
further that such suspension or abandonment has not exceeded one
6 year.
? C. Any permittee holding an unexpired permit may apply for an
extension of the time within which he may commence work under
8 that permit when he is unable to commence work within the
time required by this section for good and satisfactory reasons.
9 The Building Official may extend the time for action by the
permittee for a period not exceeding two successive periods of
10 180 days upon written request by the permi tree showing that
circumstances beyond the control of the permittee have prevented
1) action from being taken.
12 D. A permit issued hereunder shall expire upon a change of ownership
if .the grading work thereon, for which said permit was issued,
13 has not been completed, and a new permit shall be required for
the completion of the work. If the time limitations of {A) and
1i (B) of this section are not applicable and if no changes have
been made to the plans and specifications, no charge shall be
) 5 made for the issuance of the new permit under such
]O circumstances. If, however, changes have been made to the plans
and specifications last submitted to the City, the provisions in
subsection (B) shall apply.
18 E. Subject to the provisions of Section 8910, the Building Official
may requi re that grading Operations and project designs be
modified if delays occur from weather-related problems not
19 considered at the time the permit was issued.
20 8912 SUSPENSION OR REVOCATION
21
~ A. Whenever any work is being done in violation of this
Chapter, of any law or City Ordinance, the Building Official
2~>' may order the work stopped by notice in writing served upon
the person to whom the permit was issued, agent or employee
23 engaged in doing or causing such work to be done, and any
such person shall forthwith stop such work until authorized
2i by the Building Official to proceed with the work.
25 The notice shall contain a brief statement of the grounds
?~G for the stop work order. Notice may be given either by
personal delivery or by first class mail. The permittee may
9~? file an appeal of the order in the manner prescribed in
'Section 8913. All work shall be stopped while the appeal is
28 pending.
Ordinance No. 1018
Page eight
B. The Building Official may, in writing, immediately revoke a
permit whenever the permit was issued in error or on the
basis of incorrect information supplied, or was issued in
violation of any City ordinance or any of the provisions of
this Chapter.
C. Any grading permit may also be revoked or suspended by the
Building Official after written notice and hearing for:
1. Violation of any condition of the permit;
2. Violation of any provision of this Chapter or any
applicable law or ordinance relating to the work.
3. The existence of any condition related to grading which
adversely affects the public health, welfare or safety
or which is injurious to property or improvements.
Written notice' shall be served upon the person to whom the
permit was issued, agent or employee engaged in the work.
Such notice shall contain a brief statement of the grounds
for revoking or suspending the permit and shall specify a
hearing date no sooner than ten {10} days after date of the
notice. Notice may be given either by personal delivery or
by first class mail. The permittee may file an appeal of
the decision of the Building Official in the manner
prescribed in Section 8913. All work shall be stopped while
the hearing and appeal i s pending.
8913 APPEALS
Any applicant for a permit, permittee or other person aggrieved by any
decision to deny or grant a grading permit, issue a Stop Work Order
and by decisions to revoke or suspend a grading permit may appeal said
acti on to the Board of Appeal s by fi 1 i ng with the Commun i ty
Development Department a written notice thereof within seven {7) days
from the date of mailing or receipt of notice of such action by the
City, whichever first occurs. The .aggrieved person shall be given a
hearing before the Board of Appeal s, after which the Board of Appeal s
shall have discretion to grant or deny the appeal or modify the
decision of the Building Official and the decision of the Board of
Appeal s shal 1 be final.
8914 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 resources and to protect the public
health, safety and general welfare by ensuring that development
does not create geologic hazards, soil erosion, silting of lower
slopes, slide damage or flooding problems.
1
Ordinance No. 1018
2 Page nine
B. App!icabilit~.
(1) Hillside review provisions of this Chapter shall apply to:
5
a. All areas located within the boundaries of the Hillside
(3 District as shown'in the East Tustin Specific Plan.
?)J b. Outside the East Tustin Specific Plan, provisions to
any development site where the average existing grade
8 is 20% or greater, a site which entails cut and/or full
grading of three {3} feet or more in vertical height
9 below or above natural ground, or a combination of
fill-over-cut slopes equal to or greater than five (5)
10 feet in vertical height which may be altered or
adversely affected by drainage or stabi 1 i ty condi ti ons
11 within or from outside the site or'which may cause an'
adverse effect on adjacent property.
(2) Hillside Review shall be required pri.or to or concurrently
13 with approval of a tentative map or prior to issuance of a
grading permit or building permit for any parcel of land
14 located within a hillside area as defined in Subsection B of
this secti on.
(3) Hillside Review shall not be required for any of the
)G following:
17/ a. Where a proposed building, improvement or portion
thereof does not in any way alter the ground coverage
11~ of a developed site, an existing building or structure.
· b. Grading pursuant to a permit for excavation i n publ i c
streets.
c. Grading for a public improvement or public work for
9.1 which inspection is provided by the City or another
public agency.
d. Grading by a publ i c uti 1 i ty or water company.
e. Tilling of the soil for agricultural and horticultural
2t: purposes.
25 f. Exemptions listed in Section 8905.
26 C. Procedure
27 (1) Applications for Hillside Review shall be made on forms
provided by the Community Development Department and shall
28 contain detai 1 ed i nformati on as i s determined by the
Di rector of Community Development to be necessary i n
accordance with the Grading Manual.
Ordinance No. 1018
Page ten
(2) 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
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/
i ndi vi dual City departments.
(3) Applications for Hillside Review shall comply with the
California Environmental Quality Act (CEQA).
(4) The Di rector of Community Development shal 1 have the
authority to approve, approve with conditions, deny or refer
to the Planning Commission, Hillside Review applications
determined to be minor in scope. Such projects include
additions, landscaping projects, and minor grading for
by the Director of Community Development. In order to be
considered minor, the project must:
a. Involve less than 200 cubic yards (sum of cut and
fill); or
b. Involve less than a five {5) foot deep cut; or
c. Involve less than a five (5) foot high fill.
(5) Any Hillside Review Application not considered minor shall
be referred to the Planning Commission which shall have the
authority to approve, deny or conditionally approve the
request.
(6) Any applicant or aggrieved party may appeal any decision of
the Di rector of Community Development to the P1 anning
Commission and any decision of the Planning Commission to
the City Council by filing a written request with the City
within seven {7) days after the respective decision is made.
(7) Approval shall become null and void unless a grading permit
is issued within 24 months of the Hillside Review approval
date or upon expiration of an approved tentative subdivision
map, whichever occurs first.
(8) In reviewing an application for Hillside Review, the
Director of Community Development, Planning Commission or
'City Council, shall use guidelines for Hillside Grading
contained in the Grading Manual and shall insure the
attainment of the following objectives:
Ordinance No. 1018
Page eleven
a. Compliance with guidelines established in the
September, 1976 Fire Protection Planning Task Force
Report adopted by the Orange County Board of
Supervisors and entitled "Fire Hazard Background Report
and Recommendations For The Reduction of Fire Hazard At
The Natural Open Space/Urban Develoment Interface
Orange County, California".
b. Provision of fire resistant roofing materials, Class A
minimum.
c. Assurance that visual, drainage, and slope erosion
impacts from any proposed parcelization resulting from
slope conditions are within either the property owners
management.and control or the homeowner's association,
whichever is applicable.
d. 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.
e. Preservation of the open space values of the central
Peters Canyon ridge as identified in the East Tu.stin
Specific Plan by excluding buildings and overhead
utility lines from being developed on the top of the
ridgeline and by careful siting of structures and
landscaping adjacent to the ridgeline.
f. Assurance that, where feasible, grading and siting
reflects the natural topography of the land, drainage
patterns and minimizes creation of excessively large
leveled areas by grading.
g. Assurance that grading on hi 11 si de areas should soften
hard edges left'by cut 'and fill operations. Where an
adverse vi sua 1 impact may occur, rounded fi ni shed
contours are required.
h. Assurance that grading slopes (cut or fill), including
roadsides, will undergo permanent revegetation in a
timely manner to mi nimi ze chance of erosi on and
si 1 tation.
i. Adequate provision for drainage and erosion control
made to avoid any damage to exi sting 1 andform.
Provision and approval of an independent engineering
study concerning the potential impact of slope
instability, liquefaction, landsTide and seismic
Ordinance No. 1018
Page twelve
potential for proposed development within a Geologic
Hazard Special Study Zone.
k. The natural profile and landform character of the Knoll
identified in the East Tustin Specific Plan is
mai ntai ned.
1. Assurance that roadway alignment and grading impacts in
hillside areas are minimized and hillside roadways are
designed consistent with guidelines contained in the
Grading Manual.
m. Assurance that slope gradients will vary when adjacent
to roadways to create open areas to be planted, thus
softening the appearance of man-made slopes.
n. Preparati on and recordati on of a decl arati on of
covenants, conditions and restrictions provided for the
development and maintenance of slopes and drainage
devices shall be a condition of approval on tentative
subdivision maps. Every permit shall also be
conditioned upon the applicant and/or owner's warranty
of al 1 slopes through applicants 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.
8915 HAZARDS
A. 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.
Ordinance No. 1018
Page thirteen
8916 DEPOSITS OF EARTH, ROCK OR EXCAVATED MATERIALS
A. No person shall dump, move or place any earth, sand, gravel,
rock, stone or other excavated material or debris so as to cause
the same to be deposited upon or unreasonably roll, blow, flow,
or wash.upon or over the premises of another without the express
written consent of the owner of such premises so affected, or
upon or over any public place or way.
B. When loading or transporting any earth, sand, ground, rock, stone
or other excavated material or debris, such material shall be
prevented from blowing or spilling onto public right-of-way or
adjacent private property. The permittee shall be responsible
for maintaining public rights-of-way used for handling purposes
in a condition reasonably free of dust, earth, or debris
attributed to the grading operation.
C. If due to a violation of subsection A or B of this section, any
earth, sand, ground, rock, stone or other excavated material is
caused to be deposited upon or to roll, blow or wash upon any
public right-of-way, public property or private property, the
person responsible shall cause such material to be removed.
D. Appropriate security as determined by the Building Official or
Public Works Director may be required to guarantee maintenance
and repair of city streets damaged during grading and moving of
import and export materials.
8917 FEES AND BONDS
A. Prior to accepting a grading permit application and plans and
specifications for plan checking, the Building Official shall
collect a plan checking fee as approved by resolution of the City
Council.
B. A permit fee for each grading permit shall be paid to the
Building Official prior to issuance of a grading permit with such
fee established by resolution of the City Council.
C. The Building Official may require bonds or other security in such
forms and amounts deemed necessary to assure that the work, if
not completed in accordance with approved plans and
specifications, will be corrected to eliminate ,hazardous
conditions or to guarantee maintenance and repair of City streets
pursuant to Section 8916 D. The Grading Manual should be
referred to for bonding procedures and requirements.
1
Ordinance No..1018
2 Page fourteen
3
i 8918 CUT AND FILLS
5 A. Cut slopes shall be no steeper than two (2) horizontal to one (1)
vertical {2:1) unless the owner furnishes a soilsengineering or
6 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
8 shall conform to the Grading Manual.
9 B. Unless otherwise recommended by a soils engineering report
approved by the Building Official, fills shall conform to
10 provisions contained in the Grading Manual. Fill slopes shall
also be no steeper than two (2} horizontal to one (1) vertical
11 (2:1).
12 8919 SETBACKS '
13 A. Cut and fill slopes shall be setback from site boundaries in
accordance with the Grading Manual.
B. The setbacks and other restrictions specified by provisions of
15 the Grading Manual are minimum and may be increased by the
Building Official if necessary, for safety and stability or to
10
prevent damage to structures or adjacent properties from sediment
i!] deposition, erosion, water runoff of the slopes or to provide
access for slope and drainage structure maintenance.
J 8920 DRAINAGE & TERRACING
Drainage and terracing shall conform tothe provisions of the Grading
20 Manual unless otherwise approved by the Building Official on the
approved grading plan.
21 8921 ASPHALT/CONCRETE PAVEMENT
~2 A. Asphalt or concrete pavement for surfacing of parking lots,
23 private streets, or other similar uses shall conform to the
Grading Manual or Minimum Design Standards and Construction
24 Standards unless otherwise approved by the Building Official.
25 B. The Building Official or inspector may request that a site soil
engineer or special inspector inspect construction of asphalt or
2G concrete paved areas and verify to the Building Official that the
work has been performed to compliance with city standards.
27
28
Ordinance No. 1018
Page fifteen
8922 EROSION CONTROL
A. The faces of 'cut and fill slopes and the project site shall be
prepared and maintained to control against erosion. This control
may consist of effective planting. The protection for slopes
shall be installed as soon as practical and prior to calling for
final approval. It is recommended that drought resistant plant
materials be utilized wherever possible and fire retardant plants
in hillside areas. Where slopes are not subject to erosion due
to the erosion-resistant character of the materials, such
protection may be omitted upon approval by the Building Official.
,B. Where necessary, permanent.or temporary erosion devices such as
desilting basins, check dams, cribbing, rip rap or other devices
or methods shall be employed to control erosion and provide
safety.
C. No grading work in excess of two hundred (200) cubic yards will
be allowed between October 15th and April 15th on any single
grading site under permit unless an erosion control plan has been
filed and approved or waived in writingby the Building Official.
D. Paved streets, sidewalks, and other improvements' shall be
maintained in a neat and clean condition, free of loose soil,
construction debris and trash. Street sweeping or other equally
effective means shall be used on a regular basis to prevent storm
flows from carrying sediment and debris outside the project
boundaries.
8923 GRADING INSPECTION & COMPLETION OF WORK
'A. Grading operations for which a permit is required shall be
subject to inspection pursuant to provisions of the Grading
Manual.
B. Upon completion of rough or precise grading work, the Building
Official may require written approvals, reports, drawings and
supplements specified in the Grading Manual.
8924 LIABILITY FOR DAMAGES-DISCLAIMER
The City, its offices or agents shall not be responsible for any
condition or damages resulting from grading or excavation work whether
or not a permit has been issued.
1
Ordinance No. 1018
2 Page sixteen
3
4 8925 RESPONSIBILITY OF PERMITTEE
5 It shall be the responsibility of the permittee to be knowledgeable
about the provisions of this Chapter, conditions and/or restrictions
6 of' its grading permit, the Grading Manual, the approved grading plans
? and the approved soil and geology reports.
Section 3: In the interim until the Grading Manual is approved by
8 Resolution of the City Council, Chapter 70 of the Uniform Building
Code shall govern when a topic is not covered by the Amendment to
9 Chapter 9, Article 8 entitled Grading and Excavation contained herein.
10 Section 4: Severability of parts of. this Ordinance and the adopted
'.. codes. It is hereby declared to be the intention of the City Council
1] "that the sections, paragraphs, sentences, clauses and phrases of this
Ordinance and the adopted Codes are severable, and if any phrase,
1~- clause, sentence, paragraph or section of this Code shall be declared
unconstitutional by the valid judgment or decree or court of competent
13 jurisdiction, such unconstitutionally shall not affect any of the
remaining phrases, clauses,. sentences, paragraphs and sections of this
li Ordinance and the adopted Codes.
The City Clerk shall certify to the passage and adoption of this
Ordinance by the City Council of the City of Tustin and shall, within
]G~i fifteen (15) days after its final passage, cause the same to be
17i' published once in the Tustin News, a newspaper of general circulation
which is hereby designated for that purpose, and this Ordinance shall
take effect thirty (30) days after its passage.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
19' Tustin, held on the 3rd day of April , 1989.
9,~2 URSULA E. KENNEDY,
23 Mayor
24 ,M~Ry~C. ~
25 City e~
C1
26
27!
28
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
MARY E. WYNN, 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 five; that the above
and foregoing Ordinance No. 1018 was duly and regularly introduced and read
at a regular meeting of the City Council held on the 20th day of March, 1989,
and was given its second reading and duly passed and adopted at a regular
meeting held on the 3rd day of April, 1989, by the following vote:
AYES: COUNCILPERSONS: Kennedy, Edgar, Kelly, Hoesterey, Prescott
NOES: COUNCILPERSONS: None
ABSTAINED: COUNCILPERSONS: None-
ABSENT: COUNCILPERSONS: None
CITY~CLERK