HomeMy WebLinkAboutCC ORD 1999-2164 Amends Ch. 15.70, grading (15.70)ORDINANCE NO. 99-2164
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY ADOPTING THE CALIFORNIA BUILDING
CODE 1998, APPENDIX CHAPTER 33, AMENDING ORDINANCE
NO. 93-2054 AND CHAPTER 15.70 TO THE NATIONAL CITY
MUNICIPAL CODE RELATING TO GRADING AND EXCAVATION
BE IT ORDAINED by the City Council of the City of National City as follows:
Section 1. The City Council of the City of National City hereby adopts the California
Building Code, Appendix Chapter 33.
Section 2. The City Council of the City of National City hereby amends Ordinance 93-
2054 and Title 15, Chapter 15.70, of the National City Municipal Code to read:
Sections:
15.70.010
15.70.020
15.70.030
15.70.040
15.70.050
15.70.060
15.70.070
15.70.080
15.70.090
15.70.100
15.70.110
15.70.120
Chapter 15.70
GRADING
Adoption of Appendix Chapter 33 of the 1998 California Building Code,
as amended
Section 3304 "Purpose" --amended
Section 3305 "Scope" --amended
Subsection 3306.02 "Exempted Work" —amended
Section 3308 "Definitions" --amended
Section 3309.4 and 3309.8 "Grading and Retaining Wall Permit Require-
ments" --amended
Section 3310 "Grading Fees" --amended
Section 3315.6, 3315.7 and 3315.8 "Draining and Terracing" --added
Section 3317.9 "Grading Inspection/Retaining Wall Inspection"-- added
Section 3318.2 "Completion of Work" —amended.
Supplementary Section 3319 "Rough Grading Permit" --added
Supplementary Section 3320 "Parking Lots" --added
15.70.010 Adoption of Appendix Chapter 33 of the 1998 California Building Code, as
amended. There is hereby adopted by the City Council for the purpose of prescribing regulations
governing the excavation and grading on private property, and the issuance of permits and
providing for the inspection thereof Appendix Chapter 33 of the 1998 California Building Code,
Published by the International Conference of Building Officials, subject to the amendments and
modifications set forth in this Chapter 15.70. (Also referred to as the "California Building Code")
A copy of this adopted code is on file in the Office of the City Engineer.
15.70.020 Section 3304 "Purpose" --amended. Section 3304 of the California
Building Code is amended to read:
3304. Purpose. The purpose of this ordinance is to safeguard life, limb,
property, and the public welfare by regulating grading and other earthwork
activities, or by controlling existing fills and excavations, and the construction of
retaining walls, drainage facilities on private property.
15.70.030 Section 3305 "Scope" --amended. The first paragraph of Section 3305 of
the California Building Code is amended to read:
3305. Scope. This ordinance sets forth rules and regulations to control
excavation, grading, drainage, earthwork construction, including fills and
embankments, and retaining wall construction; establishes the administrative
procedure for issuance of permits; and provides for approval of plans and
inspection of grading and retaining wall construction.
15.70.040 Section 3306.2 "Exempted Work" --amended. A. The following
amendment is made to Section 3306.2 of the California Building Code, to amend item 6 to read:
6. Mining, quarrying, excavating, processing or 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, excepting the dumping and
stockpiling of dirt and rubble, which is strictly prohibited in National City.
B. The following paragraph number 10 is added to Section 3306.2 of the
California Building Code to read:
10. A retaining wall less than or equal to three (3) feet in height measured
from the top of the footing to the top of the wall, when no surcharge is present,
the backfill is level, and when not an integral part of a building. However, the
construction of the retaining wall shall comply with the Regional Standard
Drawings.
15.70.050 Section 3308 "Definitions" --amended. The following shall be
supplementary to, or modify certain definitions given in the California Building Code in Section
3308. All other definitions listed in the California Building Code shall remain applicable:
APPROVAL - The term "approval" does not constitute certification of the
project as a whole in terms of completeness, accuracy, design and construction
standards, as shown on the plans.
BUILDING OFFICIAL - Means the City Engineer.
CIVIL ENGINEER - Is a professional engineer registered in the state to
practice in the field of civil works. He or she is the person directly responsible for
the project design, plan certification, and construction supervision.
DRAINAGE PLAN - A plan which shows existing and proposed site
drainage within a property that is to be developed or rough graded. The drainage
plan shall be prepared by a Registered Civil Engineer, an Architect, or other
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Grading code Ordinance
qualified and licensed professionals, and shall comply with the standards and
requirements of the City Engineer. If, for a given development, no grading is
proposed, or the earthwork quantity involved in the grading is below the
established limit of this ordinance, and for which a grading plan is not required,
then as a minimum, a drainage plan shall be submitted for the development.
GRADE - Means the vertical location of the ground surface, in relation to a
National City benchmark elevation.
RETAINING WALL PLAN - A plan prepared by a registered Civil
Engineer, an architect, or other qualified professional, which shows pertinent top
and bottom of wall elevations and the wall profile, together with the existing and
proposed ground elevations and profile at the wall. The plan shall be prepared in
accordance with the requirements set forth by the City Engineer, and shall be
subject to approval by the City Engineer. The plan shall be required for walls in
excess of 3 feet in height, measured from the top of the footing, to the top of the
wall, and for walls less than or equal to 3 feet in height measured from the top of
the footing, to the top of the wall, supporting a surcharge or a sloped backfill. The
retaining walls shall be in accordance with the Regional Standard Drawings, and
the Standard Specifications, or shall be specially engineered.
15.70.060 Sections 3309.4 and 3309.8 "Grading and Retaining Wall Permit
Requirements" --amended and Sections 3309.10 and 3309.11 added. A. The first paragraph of
Section 3309.4 of the California Building Code is amended to read:
3309.4. Grading and Retaining Wall Permit Requirements. Engineered
Grading Requirements - Application for a grading permit shall be accompanied by
a work schedule including details of the hauling operation, size of trucks, haul
route, dust and debris control measures and time and frequency of haul trips; four
sets of plans and specifications; and two sets of supporting data consisting of a soils
engineering report, engineering geology report (if necessary), drainage study,
structural calculations, cost estimate, and other pertinent information as may be
required by the City Engineer.
B. The following subsection (8) is added to Section 3309.4 of the California
Building Code, as additional information to be included on the plans:
8. All other relevant information listed in the plan checklists as
developed by the City Engineer.
C. Section 3309.8 of the California Building Code is amended to read:
3309.8 Regular Grading and Retaining Wall Construction Requirements.
Each application for a grading or retaining wall permit shall be accompanied by four
sets of plans and specifications, in sufficient clarity to indicate the nature and extent
of the work, supporting data consisting of a soils engineering report, engineering
geology report (if necessary), drainage study, structural calculations, cost estimate,
and other pertinent information as required by the City Engineer. The plans shall
give the location of the work, the name of the owner and the name of the person who
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Grading Code Ordinance
prepared the plans. The plans shall be prepared and signed by a registered Civil
Engineer when required by the City Engineer, and shall include the following
information:
1. General vicinity of the proposed site.
2. Limiting dimensions and depth of cut and fill.
3. Location of any buildings or structures where work is to be performed,
and the location of any buildings or structures within 15 feet of the proposed
grading.
4. All other relevant information listed in the plan checklists as developed by
the City Engineer.
D. The following subsections 3309.10 and 3309.11 are added to the
California Building Code:
3309.10. License and Insurance - Prior to the issuance of a permit, the
applicant or the applicant's contractor shall present to the City Engineer evidence
of the following:
I. Coverage of general liability insurance and worker's compensation
in the amounts required by the City Engineer. Such insurance policy shall name
the City of National City and its officers, agents and employees as additional
insureds.
II. City Business License, to be obtained from the City Revenue and
Recovery Coordinator.
III. Appropriate State Contractor License
3309.11. All grading, drainage, and retaining wall work done under this
ordinance shall be in accordance with the approved plans and the conditions of the
required permits. The work shall conform to the Standards of the City of National
City, the County of San Diego Regional Standard Drawings (latest adopted
edition), the Standard Specifications for Public Works Construction (latest adopted
edition), and any other conditions as may be determined by the City Engineer to be
applicable to the work. Deviations from the requirements of these standards may
be permitted by the City Engineer, based upon written reports and recommenda-
tions by qualified authorities.
15.70.070 Section 3310 "Grading Fees" --amended. In lieu of the fee schedule
outlined in the California Building Code, the plan review and permit fees shall be assessed in
accordance with City Ordinance No. 1929 and the National City Fee Schedule.
15.70.080 Sections 3315.6, 3315.7 and 3315.8 "Drainage and Terracing" --added.
The following Sections 3315.6, 3315.7 and 3315.8 are added to the California Building Code to
read:
3315.6 Surface Run-off Interception. Surface run-off from new landscaping
areas shall be intercepted by and directed to approved drainage facilities.
3315.7 Easements and Encumbrances. For all private water courses where
the continuous functioning of the drainageway is essential to the protection and use
of multiple properties, a covenant, a maintenance agreement and/or deed restriction
shall be recorded by the applicant, placing the responsibility for the maintenance of
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Grading Code Ordinance
the drainageway(s) on the owners of record of each respective lot affected.
Permanent off -site drainage easements, as required by the City Engineer, shall be
acquired by the applicant. Such easements shall be subject to approval by the City
Engineer and recorded prior to issuance of the grading permit.
3315.8 Drainage Agreements. Surface runoff shall not be permitted to flow
from one lot to another, unless proper drainage agreements between affected
property owners are executed and submitted to the City Engineer. Such
agreements shall be subject to approval by the City Engineer, and recorded prior to
issuance of the grading permit.
15.70.090 Section 3317.9 "Grading Inspection/Retaining Wall Inspection" --added.
In addition to the conditions listed in Section 3317 of the California Building Code, the following
is added as Section 3317.9 to read:
3317.9 - The permittee or his agent shall notify the City Engineer:
(A) Initial inspection (preconstruction conference) - when he is ready to
begin grading and not less than forty-eight (48) hours before any grading is to be
commenced. The preconstruction meeting shall be attended by the owner of the
property, the soils engineer and the engineering geologist (when necessary) the
design engineer, the grading contractor, and the building and engineer inspectors.
(B) Toe of fill inspection - After the natural ground is exposed and
prepared to receive fill, but before any fill is placed.
(C) Excavation Inspection - After excavation and placement is started,
but before the vertical depth of the excavation exceeds 10 feet.
(D) Fill Inspection - After fill and placement is started, but before the
vertical height of the lifts exceeds 10 feet.
(E) Drainage Device Inspection - Before and after forms and
reinforcement are in place, but before any concrete is placed
(F) Rough Grading - Upon completion of all rough grading, including
installation of all drainage structures and other protective devices, at least twenty-
four hours before inspection is to be made.
(G) Final Inspection - Upon completion and approval by the project
Civil Engineer and Soils Engineer of all work shown on the plans and the permit
including the installation of all drainage or other structures.
In addition to the above, inspections for retaining walls shall be per the San
Diego County Regional Standard Drawings or special Engineering.
(j) Modification of approved plans - if changes are to be made in the
approved plans during construction, the applicant, or his agent, shall submit an
engineering change order to the inspector or to the City Engineer, for review and
approval.
15.70.100 Section 3318.2 "Completion of Work" --amended. Subsection 3318.2 of
the California Building Code is amended to read:
3318.2. Completion of Work. Final approval shall not be given, grading
securities shall not be released, and a notice of completion or certificate of use and
occupancy shall not be issued, until all work, including installation of all drainage
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Grading Code Ordinance
facilities and their protective devices, and all erosion -control measures have been
completed in accordance with the final approved grading plan, and the required
reports and the as -built plans have been submitted.
15.70.110 Supplementary Section 3319 "Rough Grading Permit"-- added.
Supplementary Section 3319 is added to the California Building Code, to read:
3319. Rough Grading Permit. When grading is to be performed on a property
for which no prior site development plans have been approved, and on which no
other construction is proposed, the applicant shall obtain special approval of the
City Engineer, as well as the Director of the Planning Department for such
grading. The rough -grading permit thus issued shall be subject to the special
requirements of both the City Engineer and the Planning Director.
15.70.120 Supplementary Section 3320 "Parking Lots"-- added. Supplementary
Section 3320 is added to the California Building Code, to read:
3320. Parking Lots. Existing or new parking lots, which are exempted
from the requirements of a grading permit, shall be paved or resurfaced in
accordance with an approved drainage plan.
PASSED and ADOPTED this 2 5 th day of May 1999.
ATTEST:
!f
Michael R. Dalla
City Clerk
APPROVED AS TO FORM:
/.4 LoZIC
George H. Eiser, III
City Attorney
George H. Waters, Mayor
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Grading Code Ordinance
Passed and adopted by the Council of the City of National City, California, on May 25, 1999, by
the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Soto, Waters.
Nays: None.
Absent: Councilmember Beauchamp.
Abstain: None.
AUTHENTICATED BY:
GEORGE H. WATERS
Mayor of the City of National City, California
J
Ci Clerk of the City f National City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar
days had elapsed between the day of its introduction and the day of its final passage, to wit, on
May 11, 1999, and on May 25, 1999.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that
the reading of said ordinance in full was dispensed with by a vote of not less than a majority of
the members elected to the Council and that there was available for the consideration of each
member of the Council and the public prior to the day of its passage a written or printed copy of
said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 99-2164 of the City Council of the City of National City, passed and adopted
by the Council of said City on May 25, 1999.
City Clerk of the City of National City, California
By:
Deputy