Loading...
HomeMy WebLinkAboutORD 1280 (2003)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 exercise the police power of the State by adopting regulations promoting the public health, public safety, and general prosperity; 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; Ordinance 1280 Page 1 of 18 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 XI, §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: CHAPTER INDEX 8901 PURPOSE 8902 SCOPE 8903 COMPLIANCE WITH CHAPTER 8904 GRADING MANUAL 8905 DEFINITIONS 8906 PERMITS REQUIRED 8907 EXCAVATION BLASTING 8908 TYPES OF GRADING PERMITS/RELATION TO BUILDING PERMITS 8909 APPLICATION FOR PERMIT 8910 PERMIT ISSUANCE 8911 DENIAL OF PERMIT 8912 EXPIRATION AND RENEWAL 8913 SUSPENSION OR REVOCATION 8914 APPEALS 8915 HILLSIDE REVIEW 8916 HAZARDS 8917 DEPOSITS OF EARTH, ROCK, OR EXCAVATED MATERIALS 8918 FEES AND BONDS 8919 CUT AND FILLS 8920 SETBACKS 8921 DRAINAGE AND TERRACING 8922 ASPHALT/CONCRETE PAVEMENT 8923 EROSION CONTROL AND WATER QUALITY REQUIREMENT SYSTEMS 8924 EROSION AND SEDIMENT CONTROL AND WATER QUALITY REQUIREMENT SYSTEM MAINTENANCE 8925 GRADING INSPECTION AND COMPLETION OF WORK 8926 LIABILITY FOR DAMAGES DISCLAIMER 8927 RESPONSIBILITY OF PERMITTEE Ordinance 1280 Page 2 of 18 8901 PURPOSE The purpose of this Chapter is to protect the public health, safety, and general welfare by minimizing the adverse effects of Grading, cut and Fill operations, water runoff, and Soil Erosion. 8902 SCOPE 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 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. 8903 COMPLIANCE WITH CHAPTER No person shall commence Grading upon any lot, parcel, or tract of land without complying with the applicable provisions of this Chapter and all 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. 8904 GRADING MANUAL A. 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. B. Th e 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. 8905 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. Best Management Practices (BMPs) shall mean schedules of activities, pollution treatment practices or devices, prohibitions of practices, general good Ordinance 1280 Page 3 of 18 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. 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. Ordinance 1280 Page 4 of 18 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 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. Ordinance 1280 Page 5 of 18 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. Surveyor shall mean a professional surveyor or Civil Engineer registered in the State of California to practice land surveying. Temporary Erosion and Sediment Confrol 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. 8906 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: 1. 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; 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 8916 of this Chapter; 5. Exploratory excavations under the direction of Soil Engineers or Engineering geologists; Ordinance 1280 Page 6 of 18 6. 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; 7. Excavation and backfill for installation and repair of underground utilities by public utilities or companies operating under the authority of a City franchise or public property encroachment permit issued by the City; 8. An Excavation which does not exceed fifty (50) cubic yards on any one Site and which: (1) is less than two feet in vertical depth, or (2) does not create a cut slope greater than five feet in vertical height; 9. 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. B. 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. C. Grading Permit, paving - No person shall construct pavement surfacing in excess of three thousand (3,000) square feet on Natural or Existing Grade for the purpose of a private road or commercial, industrial, or multi-residential parking lot or access driveway without a valid Grading Permit unless waived in writing by the Building Official. D. Grading Permit, watercourse alteration - No person shall alter an existing watercourse or channel by excavating, or placing Fill, rock protection, or structural improvements without a valid Grading Permit unless waived by the Building Official or performed as interim protection under emergency flood 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 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 Ordinance 1280 Page 7 of 18 a Rough or Precise Grading Permit is at option of the permittee provided that the plans satisfy the requirements of the Grading Manual. B. Bui Iding 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. 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. 8909 APPLICATION FOR PERMIT A. To obtain a Grading Permit, the applicant must first file an application in writing on a form furnished by the Community Development Department. The permit application shall be accompanied by such information, plans and specifications, and reports as required by the Building Official and as specified in the Tustin Grading Manual. A separate permit shall be required for each Site and may cover both Excavations and Fill. 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. B. 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. 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. 8910 PERMIT ISSUANCE A. The permit application and accompanying information as required by the Grading Manual and by the Building Official filed by an applicant for a Grading Permit shall be reviewed by the Building Official. 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. B. 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 enforcement, and to recover cost for construction hours enforcement. C. 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. Ordinance 1280 Page 8 of 18 D. 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. E. Th e 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 licenses that may be required from other departments or divisions of the City or other government entities. G. 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. W henever 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. B. 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 A. Ever y 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. B. A fter 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 specifications for such work and provided further that such suspension or abandonment has not exceeded one year. C. 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. Ordinance 1280 Page 9 of 18 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. D. 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. E. 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. 8913 SUSPENSION OR REVOCATION A. W henever 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. B. Th e 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. C. 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: 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. 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. 4. 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. 8914 APPEALS Any applicant fora Grading Permit, permittee, or other person who was aggrieved by any decision to deny or grant a Grading Permit, issued a Stop Work Ordinance 1280 Page 10 of 18 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. 8915 HILLSIDE REVIEW A. Purpos e. 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. B. Applicability. 1. Hillside review provisions of this Chapter shall apply to: a. All areas located within the boundaries of the hillside district as shown in the East Tustin Specific Plan. b. Outside the East Tustin Specific Plan, provisions to any development Site where the average Existing Grade is 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. 2. Hillside review shall be required prior to or concurrently with approval of a tentative map or prior to issuance of a Grading Permit or building permit for any 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: a. 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. C. Procedure. Ordinance 1280 Page 11 of 18 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. 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 individual City departments. 3. Applications for hillside review shall comply with the California Environmental Quality Act, Public Resources Code §21000, et seq. (CEQA). 4. The Director of Community Development shall have the authority to approve, approve with conditions, deny, or refer to the Planning Commission hillside review applications determined to be minor in scope. Such projects include additions, landscaping projects, 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. 5. Any hillside review application not considered minor shall be referred to the Planning Commission which shall have the authority to approve, deny, or conditionally approve the request. 6. Any applicant or aggrieved party may appeal any decision of the Director of Community Development to the Planning Commission and any decision of the Planning Commission to the City Council by filing a written request with the City within seven days after the respective decision is made. 7. 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. 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: 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 Development Interface Orange County, California." b. Provision of fire resistant roofing materials, Class A minimum. c. Assurance that visual, drainage, and slope erosion impacts created by any parcel or tract map and subsequent grading are within either the Ordinance 1280 Page 12 of 18 property owner's management and control or the homeowners' 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 Tustin Specific Plan by excluding buildings and overhead utility lines from being developed on the top of the ridgeline and by careful siting of structures and landscaping adjacent to the ridgeline. f. Assurance that, where feasible, Grading and Siting reflects the natural topography of the land, the natural drainage patterns of the land, and minimizes creation of excessively large leveled areas by Grading. g. Assurance that Grading on hillside areas should soften hard edges left by cut and Fill operations. Where an adverse visual impact may occur, rounded finished contours are required. h. Assurance that Grading Slopes (cut or Fill), including roadsides, will undergo permanent revegetation in a timely manner to minimize chance of Erosion and siltation. i. Adequate provision for drainage and Erosion control made to avoid any damage to existing landform. Provision and approval of an independent engineering study concerning the potential impact of Slope instability, liquefaction, landslide and seismic potential for proposed development within a Geologic Hazard Special Study Zone. k. The natural profile and landform character of the Knoll identified in the East Tustin Specific Plan is maintained. Assurance that roadway alignment and Grading impacts in hillside areas are minimized and hillside roadways are designed consistent with guidelines contained in the Grading Manual. m. Assurance that slope gradients will vary when adjacent to roadways to create open areas to be planted, thus softening the appearance of man-made Slopes. n. Preparation and recordation of a declaration of covenants, conditions, and restrictions 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. 8916 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 Ordinance 1280 Page 13 of 18 to eliminate the hazard and be in conformance with the requirements of this Chapter. B. 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. 8917 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 property or private property, the person and/or business 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. 8918 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 City 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 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. 8919 CUT AND FILLS A. 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. B. Unless otherwise recommended by a soils engineering report approved by the Building Official, Fills shall conform to provisions contained in the Ordinance 1280 Page 14 of 18 Grading Manual. Fill Slopes shall also be no steeper than two horizontal to one vertical (2:1). 8920 SETBACKS A. Cut and Fill Slopes shall be setback from site boundaries in accordance with the Grading Manual. B. The setbacks and other restrictions specified by provisions of the Grading Manual 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 A. 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. B. The Building Official or inspector may request that a Site Soil Engineer or Special Inspector inspect construction of asphalt or concrete paved areas and verify to the Building Official that the work has been performed to compliance with City standards. 8923 EROSION CONTROL AND WATER QUALITY REQUIREMENT SYSTEMS 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 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. 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 System has been filed and approved or waived in writing by 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. E. 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 Ordinance 1280 Page 15 of 18 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. F. Desilting facilities shall be provided at drainage outlets from the Graded Site. G. Desilting basins shall be designed to provide a minimum desilting capacity equal to the current City standards. H. 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. J. 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. K. 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 (48) hours of a predicted storm event (a predicted storm event is defined as a forecasted, fifty (50) percent chance of rain). L. 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. M. The Erosion and Sediment Control provisions shall take into account drainage patterns during the current and future phases of Grading throughout the Rainy Season. N. 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. Ordinance 1280 Page 16 of 18 Q. 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 aCity-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 A. A fter 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. B. A fter 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. C. The contractor shall be responsible for and shall take necessary precautions to prevent public trespass onto areas where impounded water creates a hazardous condition. D. 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. E. 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. F. 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. 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. 8926 LIABILITY FOR DAMAGES DISCLAIMER Ordinance 1280 Page 17 of 18 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. 8927 RESPONSIBILITY OF PERMITTEE It shall be the responsibility of the permittee to be knowledgeable about the provisions of this Chapter, conditions, and/or restrictions of its Grading Permit, the Grading Manual, the approved Grading plans and the approved soil and geology reports. Section 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 17th day of November, 2003. TRACY ORLEY HA N Mayor PA ELA STOKER C~t;~ Clerk 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 3~d day of November, 2003 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 17th day of November, 2003 by the following vote: COUNCILMEMBER AYES: Hagen, Kawashima, Bone, Davert, Thomas (5) COUNCILMEMBER NOES: None (0) COUNCILMEMBER ABSTAINED: None (0) COUNCILMEMBER ABSENT: None (0) PAMELA STOKER City Clerk Ordinance 1280 Page 18 of 18