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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 2 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 3 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 4 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 5 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 6 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