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HomeMy WebLinkAboutORD 198 (1963) ORDINANCE N0.198 AN ORDINANCE OF THE CITY OF TUSTIN, CALIF- ORNIA, REGULATING THE EXCAVATION, GRADING AND FILLING OF LAND, AND PROVIDING REGULA- TORY STANDARDS F0R SURFACE AND SUB-SURFACE DRAINAGE OF PROPERTIES. The City Council of the City of Tustin, Calif- ornia, does ordain as follows: ~: This Ordinance shall be known and may be cited as the "Excavation and Grading Code of the City of Tustin". Se¢.t.ion 2~ The puimpose of this Ordinance is to establish minimum requirements for excavating, grading and filiing on all private properties within the City of Tustin, in order that these properties and the and the properties adjacent thereto may be afforded reasonable protection against the da~"er to life, limb, and pro- petty, and to establish the procedures by which these requirements are to be enforced' Section 2: Scope: No person shall do any gradin~ not in compliance with this Code. If two or more provisions of this Code, and any other applicable law, are in conflict, that which provides the greater safety shall prevail. This Code does not apply to: (a) Any grading for which the plans and spec- ifications have been approw~d by any pub!.ilc official in his official capacity, ~xcept pu~suant to this Code; (b) The Depositing of rubbish or other mater- ial at any ,dump operated by the City of Tustin; (c) Grading in an isolated, self-contained area, provided that before any such activity the Superintendent determines in writing that by reason of such isolation and self-containment no danger to private or public pro- perty can now or thereafter result from grading opera- tions. SeC.t. iOn 4~ Definitioms. For the purpose of this Code, certain wor~s shall be construed as specified in this Section. Viords used in the singular include the 97C plural, and the plural the singular. BORROW shall mean soil, rock or other material acquired from an off-site location for use in the planned grading. COMPACTiON shall mean densificatZon of a "soil" by mechanical manipulation. EARTH (see so!l) . ENGINE~ERING GEOLOGY SHALL ~,~AN THE !app!i- cation of geological data and principles to engineer- !ng problems dealing with naturally occurring rock and soil for the purpose of assuring that geological factors are recognized and adequately interpreted in engineering practice. EROSION shall mean the process by which the ground surface is worn away by the action of water or wind. EXCAVATION shall mean the condition re- su!ting from the mechanical removal or displacement of soil, rock or waste material. FILL shall mean "man-made" deposits of soil, rock or w~ste material. " GP~kDI~IG shall mean the act of excavating or filling or any combination thereof, and shall include the resulting conditions. LANDSLIDE shall mean the down~yard and out~.~ard movement of soil, rock or fill or a com- bination thereof. PERMIT shall mean any permit issued to this Code, together with the application for the same, the conditions upon which it was issued, together with any plans, specifications, reports, and ap- proved modifications pertaining thereto'. PERMITTEE shall mean any person to whom a grading pe. rmit is issued. ROCK shall mean naturs! solid mineral matter occurrin~ in large masses or fragments. ROCK GRADE shall mean an approximate elevation of the ground~ surface to the proposed design. 971 SITE shall mean a lot or parcel of ].and, or a series of lots .or parcels of land, joined to- gether. SOIL (EARTH) shall mean sediments or other unconsolidated accumulation of solid particles pro- duced by the p~ysic~l and chemical disintegration of rocks, and ~.~hich may or may not contain organic matter. SOiL HEC:Z~ANiCS shall mean the application of the laws and principals of mechanics and 'hydraulics to engineering prob!ens dealing wit~ soil as an en- gineering material. SLOPE shall mean ~he ~xposed surface of a fill, excavation or natural terrian. SUPERZNTE~.©ENT shall mean the head of the Department of Building and Safety of t~e City of Tustin, or his regularly authorized deputy. .--~. Section ~ A Qualifications Board for Engineering Geologists is hereby created. The Board S'hS;.li~.'CQnsiS't of five (5) regular members, to be appointed by and serve at the pleasure of the City Council. The Board shall adopt such rules and reg- ulations for its proceedings as it deems necessary. It shall be the duty of the Board to examine and certify to the Superintendent engineering geologists found qualified by reason of knowledge and experience in the field of e_~ineeri~..g geology to submit reports based on the minimum standards established by the Board. A registry of those qualified by the Board shall be maintained by the Superintendent, who shall report to the Board each year on the pe~.~formance in the submission of reports therefrom as being consis- tent with the Board's approval. .S...eO~ion 6;i. A Board of Appeals is hereby' created. The Board shall consist of five (5) reg- ular members, to be appointed by and serve at the pleasure of the City Council. The Board shall adopt 572 such rules and regulations for its proceedings as it deems necessary. In addition to its other duties, the Board of Appeals shall render such advice to the Superintendent as the Superintendent may from time to time request. Section 7. Pernits Required. (a) No person shall commence or perform any grading or install any appurtenant means, device, or structure, without first having obtained s ~ermit to do so from the Superintendent. A separate permit shall be required for each site, provided the permit may cover both the building permit and grading permit fees for any one lot. Should the grading or appurten- ant structure be for a tract of land subdivided into lots, then one permit for said grading for the entire tract or group of tracts submitted as one grading unit ~i!l suffice. One permit may also cover both the ex- cavation and any fill made with the excavated materials or any necessary borrow. A statement, giving consent to the application and giving right of access to the City for such inspections or corrective action as the City deems necessary, shall be signed by the property 0 wile r. (b) EXCEPTION: A grading permit may not be required if any one of the following exceptions exists, but in all other respects the provisions of this Code shall apply: (1) An Excavation, below finished grade for basements and footings of a building, swimming pool, or underground structure or shelter authorized by a valid building per- mit from the o Superintendent. This excep- tion shall not affect the applicability of the Code to, nor the requirements of a grad- ing permit for, any fill made with the mater- ial from such excavation. 973 (2) Earthwork construction regulated by a federal, state, county or city go~¢ernment agency, including the construction of street improvements and flood control improvements, embankments made in connection-with earth- fill dams and highway excavations and fills. (3) Fills, of more than 5 and less than 20 cubic yards and not inte~.~ded .for building sites, and which are placed over a ground slopiigl. not mores than five (5) feet horizon- tal to one (1) foot vertical, and not ex- ceeding three (3) feet maximum height above grogand surface, with side-slopes not extend- ing wihtin two (2) feet of any adjoining property line. (4) Excavation of less than 20 cubic yards and not exceeding five (5) feet in max- imum depth with slopes conforming to the re- quirements of this Code, and not extending within two (2) feet of any adjoining property'~ (5) Fills and excavation of more than 5 but less than 20 cubic yards of material shall, prior to any work being done, be re- ported to the Superintendent for such .in- spection or other action as he deems necessary. Exceptions 3 and 4 shall not be effective, as exceptions, for any work unless such report has been made. (6) Cemetery graves, refuse disposal sites controlled by other regulations or excavations for wells or tunnels for utilities. S. eOt.i.on ..8 :. Permit Fees. (a) Fees. Before issuing any grading permit required by this Code, the Superintendent shall collect a fee, the amount of which shall be shown in the follow- ing table: 974 Gradin~ Permit Fees: 50 cubic yards or less ....... ~ 10.00 51 to 100 cubic yards ........ 20.00 !01 to 1000 cubic yards ........ 20.00 for the first 100 cubic yards, plus 37.00 for each additional 100 cubic yards or fraction thereof. i00i to 10,000 cubic yards ....... 83.00 for the forst 1,000 cubic yards, plus ~3.00 for each additional 1,000 cubic yards or fraction thereof. !0,001 to !00,000 cubic yards ....... 110.00 for the first 10,000 cubic yards, plus ~20.00 for each additional I0,000 cubic yards or fraction thereof. 100,001 to 200,000 cubic yards ...... 290.00 for the first 100,000 cubic yards, plus ~10.00 for each additional 10,000 yards " or fractio~ thereof. 200,001 cubic yards or more ........ 390.00 for the first 200,000 cubic yards, ~!us ~5.00 for each additional 10,000 cubic yards or fraction thereof. Permits for retaining walls, drainage sys- tems and appurtenant devices shall be based on val- uation and shall be charged according to Table 3-A of the UnifOrm Building Code, as amended. (b) Additional grading permit fees on a permit authorizing additional grading work to that under a ~a!id permit shall be the difference between ~-~ the fee paid on the original permit and the fee shown ~for the ~ntire project. (c) Bonds as a Pre-requisite to the Issuing of a Grading Permit: (!) Bond Required. Before a permit is issued for an excavation or fill of 250 yards or more, the applicant shall file with the Superintendent a bond for the benefit of the 975 city of Tustin, except where the Superin- tendent find~ that the proposed grading is not p6tjn~ ialiy 'hazardous or dangerous. ( 2 ) "Type Of IBond. All bonds shall be executed by the Permittee for the work to be undertaken and by a Oorporate surety insurer authorized to do business in this State as s~rety, or in lieu thereof, the bond shall be in w~iting, accompanied by a deposit in cash in the amount of the bond. ~ (3)' Condit!oms of the Bo~d2. Every Bond shall be conditiioned that the Permittee shall: a. Comply *with all of the provisions ~( '~ ~ of this Code. b. Comply with ~!1 of the terms and conditions of the ~ermlt to the satisfaction of the Sup~r- intendent. c. complete all of the work con- ternplated under the permit with- in the time limit the superin- tendent may, for sufficient cause, extend the time limit specified in the permit, but no such ex- tension shall release the surety upon the bond. (4) Amount of Bond. The Bond shall be in the amount of ~/~ of the estimated cost of the work authorized by the permit, except that the Superlntenden~ shall waive all or cam o~ the amount to the extent that he determines that the hazard or dar~er cyeat- ed by the wSrk does not justify the full a- mount. The cost shall be estimated by the Superintendent. (~) Time 'Limit The term of each bond 97~ shall begin upon the date of filing and shall remain in effect until the completion of the work to the sails-! faction of the Superintendent within the time limit specified therein. If no time limit is specified, the permittee shall complete the the work within ninety (90) days after the date of issuance of the grading permit. However, :the Superintendent may authorize the re- !ease of the bond, if~, in his opinion, the property has been put in a safe condition a~d all further work terminated. In She case of a cash bond the Super- intendent may levy ipon the cash deposit to do the necessary work to leave the property in a condition of safety to the standards as set forth in this Code. Any unused protion of said cash deposit shall be refunded to permittee thereafter~ .SeCt. ion ~:~ Plans and Reports Required. When a permit for gradin~ is required by this Code, an application, grading plans. and specifications, and reports shall be furnished by the owner of the property or by his duly authorized agent for approval by the Superintendent. (a) Application. To obtain a permit the app!ic~nt shall first file an app!icatlibn.ntherefor in writing upon forms provi~!ed~ by the Superintendent, and each such application shall contain such in- formation as deemed necessary by the Superintendentll (b) Grading Plan. The Grading plan shall include the present contours of the site and the proposed elevations after completion of the rough grading. The plan shall sho~..: the disposition of drainao~e and details. of pertinent drainage structures,.wal!s, cribbing, surface protection, 977 plan for erosion control and such other information as may be required to carFy .out the purpose ~f this Code. The plan shall be signed by the owner or by his duly authorized agent'L (c) Soils Investigations. Where soil conditions are present which may affect the design, a soils report describing the results of an inves- tigation to determine soil conditions pertinent to the proposed development shall be submitted by a soils engineer. The report shall include recommen- dations with respect tolbearing capacity, slope sta- bility, and such ~ther features as the engineer deems pert inent. (d) Geologic Investigations. Where geo- logical factors are present which may affect the de- sign of the proposed grading, a geologic report de- scribing the factors and making appropriate recom- mendations shall be submitted by an approved engin- eering geologist. (e) The reports required in paragraphs (c~) and (d) above shall be in sufficient detail to enable the Superintendent t~O evalus:te the adequacy of the investigations. DiCEPTIONS: The SUper- intendent may waive the requirements for plans, specifications, and/or reports, if he finds that the informationl on the application is s~ufficient to sho~ that the work ~/.~it! conform to the pro- visions of this Code and other relevant laws~ ( f ). Waiver in Modifications. The Super- intendent may allow modifications in the permit, on such conditions and subject to submission of such reports as he deems necessary to ~insure com- pliance with the intent of this Code and the gen- eral public safety. S. ection lo: Grading Plan-* Checking Fees~ (a) Fees Required. Before formally accept- ing a set of plans and specifications for plan 97f checking, the Superintendent shall collect a plan checking fee. The amount of fees for any retain- ing walls drainage systems and sppurtenant devices shall be the same fee as is charged by Table 3-A .of the Uniform Building Code, as amended. The amount of fee for plan checking grading olans shall be as sho~n in the following tables: G.rading Plan-CheckinE Fees: 50 cubic yards or less ....... ~ 00 51 to 100 cubic yards ........ 10.00 10! to 1,000 cubic yards ....... 15.00 1,001 to 10,000 cubic yards ....... 20.00 10,001 to i00,000 cubic yards ....... 20.00 for the first 10,000 cubic yards plus ~10,00 for each additional 10,000 cubic yards or fraction thereof. !00,001 to 200,000 cubic yards ...... 1!0.00 for the first 100,000 cubic yards clue ~6.00 for each additional 10,000 cubic yards or fraction thereof. 200,001 cubic yards or more ...... . 170.00 for the first 200,000 cubic yards plus ~2.50 for each additional 10,000 cubic yards or fraction thereof. When permit application is made for grad- ing work on two or more 9ontiguous sites, the plan- checking fee may be the amount indicated for the sum of the total cubic yards in all of the construction work. No fee shall be char~ed for checking corrections required on the plans by the plan- checki~g division. (b) Expiratio~n Time Limit. When a permit expires by limitation and the vl~ork is not completed, the plans shall be resubmitted for checking before the issuance of a new permit. The plan-checking fee shall be based upon the same valuation as spec- 979 if led for the permit, less the valuation of the work completed, and which D~an~hecking fee shall be charged at one-half of the original rate of fee. .S..e..qti.on 11: Site Inspection. (a~ Prior to appm~vat of any plans and specifications, the Superintendent may inspect the site to determine' that the plans and specifications are accurate. The applicant shall notify the Superin- tendent: (1) 'T~To~days prior to begimaing the work'~authorized by the permit; .! (2)* When all rough grading has been completed; and (3) When all work, inc!~.!ding install- ation of all appurtenant structures and other-protective devices, has been completed] (b) The Superintendent Shall conduct such inspections as he deems necessary. Whenever the Sup- erintendent determines that the work does not comply with the terms~ of the permit, or this Code, of that the soil or other conditions are not as stated on the permit, he shall order the immediate cessation of all work thereunder, and such work shall cease until such corrections as the Superintendent shall order shall be complied ~ith. This provision is not withstanding and prevails over the procedure set forth in Section 2i. Section i2: Grading Certificate. (a) issuance of Certificate. If it is found that the work authorized by the permit has been completed, a certificate to that ef-fect Shall be issued by the Superintendent. A separate certificate may be issued for each lot, or group of lots as the Superintendent determines. (b) Revocation of Certificate. The Sup- erintendent may revoke any certificate in who!8 or in part whenever he determines that the work covered by the certificate has been materially extended or altered, without a permit to do so, or that any re- taining walls, cribbing, drainage structures, or other protective devices have not been maintained in good order and repair. In order to accomplish such re- vocation, the procedure outlined In Section 7!'~026 of the Codified Ordinance of the County of Orange shall be followed. Section i~: Maintenance of Protective Devices. The owme~ of any property on which a fill or excavation has been made pursuant to a permit granted under the provisions of this Code, or any other person or agent in control of such property, shall maintain in good condition and repair all re- taining walls, cribbing, drainage structures or means and other protective devices shown in the approved plans and specifications submitted with the app!i- cation for a portrait. Section l~: Responsibility. No person shall do any work for which a permit is required by this Code except in compliance with the permit and the approved plans and specifications applicable thereto. The permittee and his authorized agents, in-. dividua!ly and collectively, are responsible for the observation of and compliance ~,~ith all the provisions of this Code. No approval by the Superintendent of any act shall relieve any person from such responsibility. ~ec.t.ion l~: Excavations: (a) No excavation shall be made with a cut face steeper in slope than one horizontal to one ve~tica! unless such face is supported with a re- taining wall or other approved support~ 981 (b) There are t~.,~o e~ceptions to this re- qui rement: (1) Where the conditions are such that, in the opinion of the Superintendent, a steep- er slope will be st, able, such slope ma::r be permitted, on such conditions as he ~ay determine; (2) Where the coEaitions are such that, in the opinion of the Superintendent, a less steep ~.!ope is necessary i:e order t9 insure the sta- bility of the excavation and the:general safety, he may require such lesser steephess. Section 1.6.: Fills. (a) ],Jo fill shall be made ~,~;hich cres. tes any surfsce steeper in slope than one and one-half hor- izontal to one vertical. (b) There are two e~oe9tions to this re- quirement: ( I ) Where the conditions are such that, in the opinion of the Superintendent, a steeper slope will be stable, such slope may be .permitted on such con- ditions as b_e may determine; (2) Where the conditions are such that, in the opinion of the Superintendent, a less steep. slope is necessary in order to insure *the stability of the fill and the general safety, he may require such lesser steephess. Sec. ti.pn 9-7: Protection to Adjacent Property. No person shall do any grading ~.~hich endangers any other property as to settling, cracking, slidin.g, collapse or other damage. All supporting and protective de- vices used in any grading shall be first approved by the Superintendent. : "Other Property" inc!t~des property %,,~ithin ultimate right of wey lines for any existing street or highway or ultimate highway right of v~ay line adopted on a preci~::e pl, an by the City of Tustin. "Ultimate Right of Way': shall not-include slope easements. I 6~9~) 98~ "Property" means property in its condit- ion, as improved ~or unimproved, at the time the grading takes place. Section iS: Where Deposits of Soil, Rock, etc., are Prohlbi~ed. No person shall dump, move or place, any soil, rock, or other excavated ma- terials for which a permit is recruited so as to cause the same to be deposited upon or to roll, flo~t,~ or wash upon or over the premises of another ~Titbout the written consent of the owner of such premises so affected or upon or over any public place or way. S~eotion 19: Conveyance of Water Across and from the Property. No. person shall do any grading withou~ adequate provisions for future drainage, to minumize potential dangers from land- slides, erosion, or other damage. Where feasible, water shall be conveyed immediately to the nearest street. Section 20: Compaction Required. (~.) All fills shall be compact~ed to a minimum of 90% of maxf~mum density as determined by the AASHO Soil Cpmpaction Test T!80-57 as mod- ified to use three layers of soil in lieu of five layers of soil. The California Test Method 216 C will be considered an alternate method for determining maximum density and optimur~ moisture. (b) EXCEPTION: (1) Fills excepted in Section 7 and where the Superintendent determines that compaction is unnecessary as s safe- ty measure to aid in preventing sat- uration, landslide or erosion of the fill. (2) Where lower density and expan- sive types of soil e~ist then permission for lesser compaction may be granted by the Superintendent upon showing of good cause under conditions of Section 9 (f) 983 of this Code. Secticon 21~..: Enforcement. Whenever the Superintendent determines that any existing excavation or fill is a menace to life, oimb, or endangers property, or affects the safety, useability, or stability of a public way, or it is not in compliance ~with this Code, .or it is not in conformity with any ermit issued pursuant to this Code, he shall give 'the owner of the property upon which such excavation or fill is located, or other person or agent in control of said Droperty, or the permittee under any permit issued pursuant ot this Code, notice of such determination. The notice shall set forth the time and place a hearing shall be had be- fore the Suoerintendent at wk~i-ch time and place evi- dence would be submitted as tO whether such determin- ation is correct and what repairs or improv:ements or other corrective action is necessary in the case. The notice shall further state that ~he recipient may, at his option, or his representative's be present at the hearing and introduce such evidence on the issues as he desires. The notice shall further state that at the hearing the Superintendent' shall finally determine what condition exists and what corrective action is necessary and order such action as necessary. This determination and order shall become final within ~8 hours excluding Holidays, Saturds. ys and Sundays, un- less within that time the owner appeals the final de- termination to the Board of Appeals, in which event the Board of Appeals shall. ho~d a hearing and there- upon make a deter~ination and order affirming, rever- sing or modifying the final determination and order of the Superintendent as the Board of Appeals may deem proper. The order of the Board of Appeals shall be final immediately. The notice may further state that the recipient shall, within such reasonable time as the notice may specify following the finality of the de- termination and order 0f the Superintendent, (or of appealed, of the Board of Appeals) commence the correc- corrective action necessary, and such action shall be completed within such time as stipulated by the notice. If necessary, the notice shall require any building or structure or portion thereof, endangered by such excavation or fill to be vacated forthwith in the interest of im~ediate public safety pending the finality of any determination and order. Section 22: Alternate Methods. The provisions of this Code are not intended to prevent the use of any material or method of construction not specifically prescribed by this Code, orovided any such alternate has been approved. The Superintendent may approve any such alternate provided he finds that the proposed design is satisfactory and complies with the provisions of this Code, and that the material, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Code in quality, strength, effectiveness and safety. The Superintendent st~ll require that sufi'icient evidence or proof be submitted to substantiate any claims that may be made regarding its use. Whenever there is insufficient evidence of compliance with the provisions of this Code or evidence that any material or any construction does not conform to the requirements of this Code, or in order to substantiate claims for alternate materials or methods of construction, the Superintendent may require tests as proof of compliance to be made at the expense of the owner or his agent by an aOproved agency. Test methods shall be as specified ~y this Code for the material in question. If there are no appropriate test methods specified in this Code, the Superintendent shall determine the test procedure. Copies of the results of all such tests shall be retained for a period of not less than two years after the acceptance of the grading. Section 2.~.: Enforcement and Right of Entry. The Superintendent is hereby authorized and. directed to enforce all the provisions of this Code. Upon presentation of .proper credentials the Superintendent may enter at reasonable times any building, structure, or premises in the City to perform any duty imposed upon him by this Code. Section 24: This Ordinance shall take effect and be in full force thirty (30) days from and after its passage, and before' the expiration of fifteen (15) days after the passage thereof shall be. published once in the Tustin News, a newspaper published in the City of T~stin, County of Orange, State of California, together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED at a regular meeting of the City Council of the City of 'rustin, California, held on the 4th day of March, 1963. G. W. DONEY, ATTEST: CTTY~ CL~' STATE OF EALIFORNIA ) COUNTY OF ORANGE ) CITY OF 'rUSTIN ) SS RUTH C. BOE, 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 was duly and rebularly introduced and read at the regular meeting of the City Council held on the 18th day of February, 1963 and was given its second re~ding and duly passed and adopted at a regular meeting held on the 4th day of March, 1963, by the following vote: AYES: COUNCII2.~EN DONEY, St.~ERIDAN, HUMESTON, MACK, KLINGELHOFE}~ NOES: COUNC IL~EN NONE ABSENT: COUNCILMEN NONE OF TUSTIN """