HomeMy WebLinkAboutCC ORD 2008-2306 Amends Ch. 15.70, grading (15.70)ORDINANCE NO. 2008 — 2306
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
ADOPTING APPENDIX J OF THE 2007
CALIFORNIA BUILDING CODE AND
AMENDING CHAPTER 15.70 (GRADING)
OF THE NATIONAL CITY MUNICIPAL CODE
The City Council of the City Of National City does ordain as follows:
Section 1. The City Council of the City of National City hereby adopts Appendix J of
the 2007 California Building Code.
Section 2. The City Council of the City Of National City hereby amends Title 15,
Chapter 15.70 of the National City Municipal Code to read as follows:
Chapter 15.70
GRADING
Sections:
15.70.005 Adoption of Appendix J of the 2007 California Building Code — Amended.
15.70.010 Purpose.
15.70.015 Appendix J of the 2007 California Budding Code, Section J101 General,
Subsection 1 Scope — Amended.
15.70.020 Appendix J of the 2007 California Building Code, Section J102 Definitions
— Amended.
15.70.025 Hazards and safety precautions.
15.70.030 Appendix J of the 2007 California Building Code, Section J103, Permits
Required, Subsection 2.1 Exemptions — Amended.
15.70.035 Appendix J of the 2007 California Building Code Exemptions, Section
J103.2.2 — Amended.
15.70.040 Appendix J of the 2007 California Building Code Exemptions, Section
J103.2.5 — Amended.
15.70.045 Appendix J of the 2007 California Building Code Exemptions, Section
J103.2.6 — Amended.
15.70.050 Appendix J of the California Building Code Exemptions, Section J103.2.8
— Added.
15.70.055 Appendix J of the 2007 California Building Code Exemptions, Section
J103.2.9 — Added.
15.70.060 Appendix J of the 2007 California Building Code, Section J104.5 —
Engineered Grading Requirements — Added.
15.70.065 Appendix J of the 2007 California Building Code, Section J104.6 Regular
Grading and Retaining Wall Construction Requirements — Added.
Ordinance No. 2008-2306 1 Grading Ordinance (Chapter 15.70)
15.70.070
15.70.075
15.70.080
15.70.085
15.70.090
15.70.095
15.70.100
15.70.105
15.70.110
15.70.115
15.70.120
15.70.125
15.70.130
15.70.135
15.70.140
15.70.145
15.70.150
15.70.155
15.70.160
15.70.0165
15.70.170
Appendix J of the 2007 California Building Code, Section J104.7 Licenses
and Insurance — Added.
Appendix J of the 2007 California Building Code, Section J104.8
Conditions — Added.
Appendix J of the 2007 California Building Code, Section J105.3
Inspections — Added.
Appendix J of the 2007 California Building Code, Section J106.1 (2)
Exemptions— Amended.
Appendix J of the 2007 California Building Code, Section J107 Fills,
Subsection 1 General — Amended.
Appendix J of the 2007 California Building Code, Section J107 Fills,
Subsection 2 Surface Preparation — Amended.
Appendix J of the 2007 California Building Code, Section J107 Fills,
Subsection 4 — Amended.
Appendix J of the 2007 California Building Code, Section J108 Setbacks,
Subsection 1 — Amended.
Appendix J of the 2007 California Building Code, Section J108 Setbacks,
Subsection 2 Top of Slope — Amended.
Appendix J of the 2007 California Building Code, Section J108 Setbacks,
Figure J108.1, Drainage Dimensions — Amended.
Appendix J of the 2007 California Building Code, Section J108 Setbacks,
Subsection 3 Slope Protection — Amended.
Appendix J of the 2007 California Building Code, Section J109 Drainage
and Terracing, Subsection 4 Drainage — Amended.
Appendix J of the 2007 California Building Code, Section J109 Drainage
and Terracing, Subsection 5 Surface Run-off Interception — Added.
Appendix J of the 2007 California Building Code, Section J109 Drainage
and Terracing, Subsection 6 Easements and Encumbrances — Added.
Appendix J of the 2007 California Building Code, Section J110 Erosion
Control, Subsection 3 Stormwater Erosion and Sediment— Added.
Grading fees.
Completion of work.
Rough grading permit.
Parking lots.
Bonds.
Violation a misdemeanor.
Ordinance No. 2008-2306 2 Grading Ordinance (Chapter 15.70)
15.70.005 Adoption of Appendix J of the 2007 California Building Code — Amended.
There is 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 J of the 2007 California Building Code, subject to the
amendments, additions and deletions set forth in this chapter. A copy of this adopted code is on
file in the office of the City Engineer.
15.70.010 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 and to ensure that soil erosion, sedimentation, and storm water
runoff are regulated to reduce, to the Maximum Extent Practicable, Pollutants entering the
Storm Water Conveyance System and Waters of the State to protect water quality.
15.70.015 Appendix J of the 2007 California Building Code, Section J101 General,
Subsection 1 Scope — Amended. Section J101, Subsection 1 of the 2007 Califomia Building
Code is amended to read as follows:
J101.1 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.
15.70.020 Appendix J of the 2007 California Building Code, Section J102 Definitions
— Amended. The following shall be supplementary to, or modify certain definitions given in the
2007 California Building Code in Appendix J Section J102. All other definitions listed in the 2007
Building Code shall remain applicable. Section J102 of the 2007 California Building Code is
amended to read as follows:
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.
AUTHORITY HAVING JURISDICTION. The Authority Having Jurisdiction
means the City Engineer of the City of National City and any duly authorized
representative.
BEST MANAGEMENT PRACTICES OR BMPS - means schedules of
activities, pollution treatment practices or devices, prohibitions of practices,
general good 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 Conveyance 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. Best
Management Practices may include any type of pollution prevention and pollution
control measure, which the City Engineer finds, is necessary to reduce pollutants
entering the Waters of the State to the Maximum Extent Practicable.
BUILDING OFFICIAL - Means the City Engineer.
Ordinance No. 2008-2306 3 Grading Ordinance (Chapter 15.70)
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
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.
EROSION CONTROL PLAN - is a plan prepared under the direction of
and signed by a Civil Engineer competent in the preparation of such plans and
knowledgeable about current erosion control methods. The plan shall provide for
protection of exposed soils, prevention of discharge of sediment, and desiltation
of runoff at frequent intervals along flowage areas, at entrances to storm drains,
at entrances to streets and driveways, and at the exit of the area being graded.
EROSION CONTROL SYSTEM - means any combinations of desilting
facilities, retarding basins, flow decelerates, and/or erosion protection (including
effective planning and the maintenance thereof) to protect the project site,
adjacent private property, watercourses, public facilities, graded improvements,
existing natural facilities, archaeological artifacts, and relieve waters of
suspended sediments or debris prior to discharge from the site.
GRADE - Means the vertical location of the ground surface, in relation to
a National City benchmark elevation.
MAXIMUM EXTENT PRACTICABLE OR MEP - means the standard
established by Congress in Clean Water Act section 402(p)(3)(B)(iii) that
municipal dischargers of Storm Water must meet. MEP is an acceptability
standard for Best Management Practices based on a level of pollutant reduction
that can be achieved by the most effective set of BMPs that can be implemented
and still remain practicable; MEP generally emphasizes pollution prevention and
source control BMPs as the first line of defense in combination with treatment
methods as a backup.
PERMITTEE - means any person, corporation, partnership, limited liability
company, non-profit entity, joint venture, association of any type, public entity or
any other legal entity, which submits an application for a permit pursuant to this
Chapter.
POLLUTANT - means any agent that may cause or contribute to the
degradation of water quality, including, but not limited to, Earth Materials.
RAINY SEASON - means the period beginning October 1st and ending
April 30th in the next calendar year. The remainder of the year is the Dry Season.
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.
Ordinance No. 2008-2306 4 Grading Ordinance (Chapter 15.70)
STORM WATER CONVEYANCE SYSTEM - means private and public
drainage facilities within the City of National City by which Storm Water may be
conveyed to Waters of the United States, including but not limited to, streets,
roads, catch basins, natural and artificial channels, natural and artificial drainage
features, aqueducts, canyons, stream beds, gullies, curbs, gutters, ditches, and
storm drains. Historic and current development makes use of natural drainage
patterns and features as conveyances for urban runoff. Urban streams used in
this manner are part of the Storm Water Conveyance System regardless of
whether they are natural, man-made, or partially modified features.
WATERS OF THE STATE means any water, surface or underground,
including saline waters within the boundaries of California. The definition of the
"Waters of the State" is broader than that for the "Waters of the United States" in
that all water in the State is considered to be a "Waters of the State" regardless
of circumstances or condition. Under this definition, a municipal storm sewer
system (MS4) is always considered to be a "Waters of the State". [California
Water Code Section 13050 (e)].
WATERS OF THE UNITED STATES means water subject to the
regulatory jurisdiction of the United States under the Federal Clean Water Act
and applicable case law. In general, this includes "navigable" waters, waters
tributary to "navigable" waters, and adjacent wetlands. [40 Code of Federal
Regulations section 122.2.j"
15.70.025 Hazards and safety precautions. If, at any stage of work, the City
Engineer determines that authorized grading is likely to endanger any public or private property
or result in the deposition of debris on any public way or interfere with any existing drainage
course, the City Engineer may specify and require reasonable safety precautions to avoid the
danger. The Permittee shall be responsible for removing excess soil and debris deposited upon
adjacent and downstream public or private property resulting from Permittee's grading
operations. Soil and debris shall be removed and damage to adjacent and downstream property
repaired as directed by the City Engineer. Erosion and siltation control shall require temporary
or permanent siltation basins, energy dissipaters, or other measures as field conditions warrant,
whether or not such measures are a part of approved plans. The Permittee shall incur cost
associated with any work outlined in this section.
The City Engineer shall not issue a grading permit in any case where the City Engineer
finds that the work, as proposed by the applicant, will damage any private or public property, or
interfere with any existing drainage course in a manner which may cause damage to any
adjacent property, or result in the depositing of debris on any public way, or create an
unreasonable hazard to person or property, or cause or contribute to an exceedance of state
water quality objectives, or fail to reduce pollutants from the site to the Maximum Extent
Practicable.
15.70.030 Appendix J of the 2007 California Building Code, Section J103 Permits
Required, Subsection.2.1 Exemptions — Amended. Section J103.2.1 of the 2007 California
Building Code is amended to read as follows:
1. When approved by City Engineer, grading in an isolated or self-
contained area, provided there is no danger to the public, and such grading will
not adversely affect adjoining properties.
Ordinance No. 2008-2306
5 Grading Ordinance (Chapter 15.70)
15.70.035 Appendix J of the 2007 California Building Code Exemptions, Section
J103.2.2 — Amended. Section L103.2.2 of the 2007 California Building Code is amended to
read as follows:
2. AMENDED - An excavation below finished grade for basements
and footings of a building, retaining wall or other structure authorized by a valid
building permit. This shall not exempt any fill made with the material from such
excavation or exempt any excavation having an unsupported height greater than
5 feet (1525 mm) after the completion of such structure.
15.70.040 Appendix J of the 2007 California Building Code Exemptions, Section
J103.2.5 — Amended. Section J103.2.5 of the 2007 California Building Code is amended to
read as follows:
5. Excavations for wells or trenches for utilities on private property.
15.70.045 Appendix J of the 2007 California Building Code Exemptions, Section
J103.2.6 — Amended. Section J103.2.6 of the 2007 California Building Code is amended to
read as follows:
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.
15.70.050 Appendix J of the 2007 California Building Code Exemptions, Section
J103.2.8 — Added. Section J103.2.8 of the 2007 California Building Code is added to read as
follows:
8. 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.
15.70.055 Appendix J of the 2007 California Building Code Exemptions, Section
J103.2.9 — Added. Section J103.2.9 of the 2007 California Building Code is added to read as
follows:
9. A fill less than 1 foot (305 mm) in depth and placed on natural
terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope), or
less than 3 feet (914 mm) in depth, not intended to support structures, that does
not exceed 50 cubic yards (38.3 m3) on any one lot and does not obstruct a
drainage course.
15.70.060 Appendix J of the 2007 California Building Code, Section J104.5
Engineered Grading Requirements — Added. Section J104.5 of the 2007 California Building
Code is added to read as follows:
J104.5 Engineered Grading Requirements - Application for a grading
permit shall be accompanied by a work schedule including details of the hauling
Ordinance No. 2008-2306 6 Grading Ordinance (Chapter 15.70)
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 and all
relevant information listed in the plan checklists as developed by the City
Engineer.
15.70.065 Appendix J of the 2007 California Building Code. Section J104.6 Regular
Grading and Retaining Wall Construction Requirements — Added. Section J104.6 of the 2007
California Building Code is added to read as follows:
J104.6 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 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.
15.70.070 Appendix J of the 2007 California Building Code. Section J104.7 Licenses
and Insurance — Added. Section J104.7 of the 2007 California Building Code is added to read
as follows:
J104.7 Licenses 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 insured.
II. City Business License, to be obtained from the City
Revenue and Recovery Coordinator.
III. Appropriate State Contractor License
15.70.075 Appendix J of the 2007 California Building Code, Section J104.8
Conditions — Added. Section J104.8 of the 2007 California Building Code is added to read as
follows:
A. Standards. 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
Ordinance No. 2008-2306
7 Grading Ordinance (Chapter 15.70)
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 recommendations by qualified authorities.
B. Water Quality. It shall be a condition of every permit issued under
this Chapter that the Permittee shall comply with all the provisions of the City of
National City Watercourse Protection, Storm Water Management and Discharge
Control Ordinance in Chapter 14.22 of this Code.
C. Minimum BMPs. The BMPs required by the City of National City
Storm Water Best Management Practices Manual adopted in this Municipal Code
shall be the minimum BMPs required for issuance of a grading permit and
additional BMPs may be required by the City Engineer as a condition of issuance
of the grading permit.
D. Grading Plan Requirements. All grading plans, regardless of the
date of submittal, shall include an erosion control plan designed to limit erosion of
all disturbed portions of the property and to eliminate the transport of soil onto
adjacent properties or into streets, storm drains, or drainage ways.
E. Standard Urban Storm Water Mitigation Plan (SUSMP) Checklist.
A SUSMP checklist as created by the City Engineer shall be submitted with plans
15.70.080 Appendix J of the 2007 California Building Code, Section J105.3
Inspections — Added. Section J105.3 of the 2007 California Building Code is added to read as
follows:
J105.3 The Permittee or his agent shall notify the City Engineer:
A. Initial inspection (pre -construction conference) - when he is
ready to begin grading and not less than forty-eight (48) hours before any
grading is to be commenced. The pre -construction 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.
H. In addition to the above, inspections for retaining walls
shall be per the San Diego County Regional Standard Drawings or special
Engineering.
Ordinance No. 2006-2306 8 Grading Ordinance (Chapter 15.70)
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.
15.70.085 Appendix J of the 2007 California Building Code, Section J106.1 (2)
Exceptions — Added. Section J106.1 (2) of the 2007 California Building Code is added to read
as follows:
J106.1 (2) A cut surface in bedrock shall be permitted to be
at a slope of 1 horizontal to 1 vertical (100%) only when approved
by the City Engineer.
15.70.090 Appendix J of the 2007 California Building Code, Section J107 Fills.
Subsection 1 General — Amended. Subsection J107.1 of the 2007 California Building Code is
amended to read as follows:
J107.1 General. Unless otherwise recommended in the approved soils
engineering report, fills shall conform to the provisions of this section.
In the absence of an approved soils engineering report, these provisions
may be waived for minor fills not intended to support structures.
15.70.095 Appendix J of the 2007 California Building Code, Section J107 Fills,
Subsection 2 Surface Preparation, — Amended. Subsection J107.2 of the 2007 California
Building Code is amended to read as follows:
J107.2 Surface preparation. Fill slopes shall not be constructed on natural
slopes steeper than 1 unit vertical in 2 units horizontal (50% slope). The ground
surface shall be prepared to receive fill by removing vegetation, non -complying
fill, topsoil and other unsuitable materials scarifying to provide a bond with the
new fill and, where slopes are steeper than 1 unit vertical in 5 units horizontal
(20% slope) and the height is greater than 5 feet (1524 mm), by benching into
sound bedrock or other competent material as determined by the soils engineer.
The bench under the toe of fill shall be at least 10 feet (3048 mm) wide. The
area beyond the toe of fill shall be at least 10 ft (3048 mm) wide but the cut shall
be made before placing the fill and acceptance by the soils engineer or
engineering geologist or both, as a suitable foundation for fill.
15.70.100 Appendix J of the 2007 California Building Code, Section J107 Fills,
Subsection 4 — Amended. Subsection J107.4 of the 2007 California Building Code is amended
to read as follows:
J107.4 Fill Material. Organic material shall not be permitted in fills.
Except as permitted by the City Engineer, no rock or similar irreducible material
with a maximum dimension greater than 12 inches (305 mm) shall be buried or
placed in fills
Exception: The City Engineer may permit placement of larger
rock when the soils engineer properly devises a method of placement, and
continuously inspects its placement and approved the fill stability. The following
conditions shall also apply:
1 Prior to issuance of the grading permit, potential
rock disposal areas shall be delineated on the grading plan.
Ordinance No. 2008-2306
9 Grading Ordinance (Chapter 15.70)
2 Rock sizes greater than 12 inches (305 mm) in
maximum dimension shall be 10 feet (3048 mm) or more below grade, measured
vertically.
3 Rocks shall be placed so as to assure filling of all
voids with well -graded soil.
15.70.105 Appendix J of the 2007 California Building Code, Section J108 Setbacks,
Subsection 1 General — Amended. Subsection J108.1 of the 2007 California Building Code is
amended to read as follows:
J108.1 General. Cut and fill slopes shall be set back from the property lines
in accordance with this section. Setback dimensions shall be measured
perpendicular to the property line and shall be as shown in amended FIGURE
J108.1 as shown in this chapter.
15.70.110 Appendix J of the 2007 California Building Code, Section J108.Setbacks,
Subsection 2 Top of Slope — Amended. Subsection J108.2 of the 2007 California Building Code
is amended to read as follows:
J108.2 Top of slope. The setback at the top of a cut slope shall not be
less than that shown in amended Figure J108.1 as shown in this chapter, or than
is required to accommodate any required interceptor drains, whichever is greater.
15.70.115 Appendix J of the 2007 California Building Code, Section J108 Setbacks,
Figure J108.1, Drainage Dimensions —Amended. Figure J108.1 of the 2007 California Building
Code is amended to read as follows:
Proporty Lu e
Amended Figure J108.1
Drainage Dimensions
H/5 but 2 ft (610
rnrn) minimum and
need nct exceed
10 f' (3048 mm)
IU2but ?ft (610 , lop ol Slope
mm) mirimum and
reed not exceed
20 ft 1:6096 mm)
Propene Line
fop of Slope
Cut or Fill
Slope /
i
i
/
/
\ \ Natural or Finish
/ Grade
H
Interceptor Drain (if requited)
Natural or Frisr Grade
Ordinance No. 2008-2306 10 Grading Ordinance (Chapter 15.70)
15.70.120 Appendix J of the 2007 California Building Code, Section J108 Setbacks,
Subsection.3 Slope Protection — Amended. Subsection J108.3 of the 2007 California Building
Code is amended to read as follows:
J108.3 Slope Protection. The toe of fill slope shall be made not nearer to
the site boundary line than one half the height of the slope with a minimum of 2
feet (610 mm) and a maximum of 20 feet (6096 mm). Where a fill slope is to be
located near the site boundary and the adjacent off -site property is developed,
special precautions shall be incorporated in the work as the City Engineer deems
necessary to protect the adjoining property from damage as a result of such
grading. These precautions may include but are not limited to:
1. Additional setbacks
2. Provision for retaining or slough walls.
3. Mechanical or chemical treatment of the fill slope surface
to minimize erosion.
4. Provisions for the control of surface waters.
15.70.125 Appendix J of the California Building Code, Section J109 Drainage and
Terracing, Subsection.4 Drainage — Amended. Subsection J109.4 of the 2007 California
Building Code is amended to read as follows:
J109.4 Drainage Across property lines. 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.
15.70.130 Appendix J of the California Building Code, Section J109 Drainage and
Terracing, Subsection.5 Surface Run-off Interception — Added. Subsection J109.5 of the 2007
California Building Code is added to read as follows:
J109.5 Surface Run-off Interception. Surface run-off from new
landscaping areas shall be intercepted by and directed to approved drainage
facilities.
15.70.135 Appendix J of the California Building Code, Section J109 Drainage and
Terracing, Subsection.6 Easements and Encumbrances — Added. Subsection J109.6 of the
2007 California Building Code is added to read as follows:
J109.6 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 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.
Ordinance No. 2008-2306
11 Grading Ordinance (Chapter 15.70)
15.70.140 Appendix J of the Califomia Building Code, Section J110 Erosion Control
Subsection 3 Stormwater Erosion and Sediment — Added. Subsection J110.3 of the 2007
California Building Code is added to read as follows:
J110.3 Stormwater Erosion and Sediment.
A. Plans for an erosion control system shall be prepared and
submitted for the review and approval of the City Engineer as a part of any
application for a grading permit. The erosion control system shall comply with
the requirements of the latest National Pollutant Discharge Elimination System
permit and Chapter 14.22 of this Code to satisfy the requirements for erosion
control and eliminate the discharge of sediment and pollutants. The erosion
control plan shall include, but not be limited to, the following information:
1. Name, address, and a twenty -four-hour phone number of
the owner or responsible party, and the person or contractor responsible for
installing and maintaining the erosion control system and performing emergency
erosion control work;
2. The name, address and signature of the Civil Engineer or
person who prepared the plan;
3. All desilting basins, debris basins, silt traps, and other
desilting, velocity retarding and protection facilities necessary to adequately
protect the site and downstream properties from erosion and its effects, preserve
natural hydrologic features, and preserve riparian buffers and corridors;
4. The streets, easements, drains, and other improvements;
5. The location and placement of gravel bags, diverters,
check dams, slope planting, drains, and other erosion controlling devices and
measures;
6. Access routes to all such erosion control facilities and how
access shall be maintained during inclement weather.
B. Erosion control system standards shall be as follows:
1. The faces of cut -and -fill slopes and the project site shall be
prepared and maintained to control against erosion. Where cut slopes are not
subject to erosion due to the erosion -resistant character of the materials, such
protection may be omitted upon approval of the City Engineer.
2. Where necessary, temporary and/or permanent erosion
control devices such as desilting basins, check dams, cribbing, riprap, or other
devices or methods as approved by the City Engineer, shall be employed to
control erosion, prevent discharge of sediment, and provide safety.
3. Temporary desilting basins constructed of compacted
earth shall be compacted to a relative compaction of ninety percent of maximum
density. A gravel bag or plastic spillway must be installed for overflow, as
designed by the engineer of work, to avoid failure of the earthen dam. A soils
engineering report prepared by the Soils Engineer, including the type of field-
testing performed, location and results of testing shall be submitted to the City
Engineer for approval upon completion of the desilting basins.
4. Desilting facilities shall be provided at drainage outlets
from the graded site, and shall be designed to provide a desilting capacity
capable of containing the anticipated runoff for a period of time adequate to allow
reasonable settlement of suspended particles.
5. Desilting basins shall be constructed around the perimeter
of projects, whenever feasible, and shall provide improved maintenance access
from paved roads during wet weather. Grading cost estimates must include
maintenance and ultimate removal costs for temporary desilting basins.
Ordinance No. 2008-2306 12 Grading Ordinance (Chapter 15.70)
6. The erosion control provisions shall take into account
drainage patterns during the current and future phases of grading.
7. All removable protective devices shown shall be in place at
the end of each working day when there is a fifty percent chance of rain within a
forty-eight hour period. If the Permittee does not provide the required installation
or maintenance of erosion control structures within two hours of notification at the
twenty-four hour number on the plans, the City Engineer may order City crews to
do the work or may issue contracts for such work and charge the cost of this
work along with reasonable overhead charges to the cash deposits or other
instruments implemented for this work without further notification to the owner.
No additional work on the project except erosion control work may be performed
until the Permittee restores the full amount drawn from the deposit.
8. At any time of year, an inactive site shall be fully protected
from erosion and discharges of sediment. Flat areas with less than five percent
grade shall be fully covered unless sediment control is provided through
desiltation basins at all project discharge points. A site is considered inactive if
construction activities have ceased for a period of ten or more consecutive days.
9. Permittee shall implement the following minimum erosion
prevention methods to minimize the erosion potential:
a. If feasible, Permittee shall grade only during the dry
season, especially in areas at high risk for erosion.
b. Permittee shall minimize the length of time that
soils are left exposed to elements of wind and water.
c. If grading must occur during the rainy season, the
total area of exposed soil shall be reduced during the rainy season.
d. Critical areas, such as drainage channels, streams
and natural watercourses shall be properly protected.
e. Exposed areas shall be stabilized as quickly as
feasible.
f. Sufficient waste disposal facilities shall be provided
for all proposed activities.
g. Sufficient storage facilities shall be provided for all
materials and equipment.
h. Permittee shall ensure that materials used for
erosion and sediment control are on site at all times during the rainy season.
All slopes shall be protected against erosion and
any unstable slopes shall be stabilized.
j. Erosion prevention shall be considered the most
important erosion control measure with sediment controls as a backup.
10. During Dry Season (May 1 through September 30),
Permittee shall implement the following minimum erosion prevention methods to
minimize the erosion potential:
a. Adequate perimeter protection BMPs must be
installed and maintained.
b. Adequate sediment control BMPs must be installed
and maintained.
c. Adequate BMPs designed to control off -site
sediment tracking must be installed and maintained.
d. At a minimum, 125% of the materials needed to
install standby BMPs necessary to completely protect exposed portions of the
site from erosion and prevent sediment discharges must be stored on the site.
Ordinance No. 2008-2306 13 Grading Ordinance (Chapter 15.70)
e. An approved "weather triggered" response plan is
mandated for implementation in the event that a predicted storm event has a
50% chance of rain. The proponent must have the capacity to deploy the standby
BMPs within 48 hours of the predicted storm event.
f. All slopes must be equipped with erosion
prevention BMPs as soon as slopes are completed for any portion of the site.
g. Cleared or graded areas left exposed at any given
time are limited to the amount of acreage that the project proponent can
adequately protect prior to a predicted storm event.
11. During Wet Season (October 1 through April 30), Permittee
shall implement the following BMPs, in addition to the Dry Season Requirements:
a. Perimeter protection and sediment control BMPs
must be upgraded if necessary to provide sufficient protection for storms.
b_ Adequate erosion prevention BMPs must be
installed and established for all completed slopes prior to October 1 and
maintained throughout the wet season. If a BMP fails, it must be repaired,
improved, or replaced with an acceptable alternate as soon as it is safe to do so.
c. The amount of exposed soil allowed at one time
shall not exceed standby erosion and sediment control BMP capacity
d. An incomplete disturbed area that is not being
actively graded must be fully protected from erosion if left for 10 days or more.
12. BMP Maintenance. All BMPs for erosion prevention and
sediment control shall be functional at all times. Prior to the rainy season and
after each major storm, all source control and structural treatment BMPs shall be
inspected by the Permittee to assure the functionality and effectiveness. Proper
BMP maintenance shall be conducted throughout the life of the project."
13. No grading shall be allowed from October 1S` thru the
following April 30th on any site if the City Engineer determines that erosion,
mudflow or sediment of silt discharge may adversely affect water quality,
downstream properties, drainage courses, storm drains, streets, easements, or
public or private facilities or improvements unless an approved erosion control
system has been implemented on the site. If the City determines that it is
necessary for the City to cause erosion control measures to be installed or
cleanup to be done, the Permittee shall pay all of the City's direct and indirect
costs including extra inspection, supervision, and reasonable overhead charges.
14. Preservation Of Natural Hydrologic Features, Riparian
Buffers and Corridors. All natural hydrologic features and riparian buffer zones
and corridors must be preserved to eliminate or minimize runoff from construction
sites.
15. Phased Grading. Grading shall be phased whenever the
City Engineer finds that phasing is feasible and necessary to protect the Waters
of the State. Areas that are cleared and graded shall be minimized to only
portions of the site that are necessary for construction, and the exposure time of
disturbed soil areas shall be minimized.
16. Cleared or graded areas left exposed at any given time are
limited to the amount of acreage that the project proponent can adequately
protect prior to a predicted storm event or 17 acres, which ever is smaller, unless
the disturbance of a larger area is approved in writing by the City engineer. In
the event that a project proponent requests approval to disturb an area greater
than 17 acres, the project proponent shall first submit to the City Engineer,
written documentation describing how it will ensure that discharges of pollutants
Ordinance No. 2008-2306 14 Grading Ordinance (Chapter 15.70)
are reduced to the Maximum Extent Practicable (MEP) and prevents discharges
of pollutants that would cause or contribute to a violation of water quality
standards despite the larger disturbed area.
17. Advanced Treatment.
a. Treatment for sediment is required. For the purpose of
this requirement, exceptional threat to water quality shall be defined as a site,
which meets all of the following, except as provided in number 16 above:
1. A portion of the site is located within or
directly adjacent to receiving waters listed on the CWA Section 303(d) list of
Water Quality Limited Segments as impaired for sedimentation or turbidity;
2. Disturbance is greater than five acres,
including all phases of the development;
3. Disturbed slopes are steeper than 4:1
(horizontal: vertical), higher than 10 feet, and drain to the 303(d) listed receiving
water;
4. Contains a predominance of soils with
USDA-NRCS Erosion factors kf greater than or equal to 0.4.
Alternatively, applicants may perform a RUSLE or
MUSLE analysis to prove to the City Engineer's satisfaction that advanced
treatment is not required.
b. Even if based on the criteria in number 16, above,
advanced treatment would not ordinarily be required, advanced treatment may
be required at the discretion of the City Engineer based on a record of
noncompliance.
c. Treatment effluent water quality shall meet or
exceed the water quality objectives for turbidity, pH, toxicity, and any other
parameter deemed necessary by the City Engineer,_as listed in the Water Quality
Control Plan for the San Diego Basin for inland surface waters and lagoons and
estuaries for the appropriate hydrologic unit.
d. Applicant shall provide design, operations and
maintenance schedule, monitoring plan, certification of training of staff to the
satisfaction of the City Engineer.
18. Establishment of Permanent Vegetation.
a. General. The face of all cut and fill slopes, in
excess of 3 feet in vertical height, but only final slopes of any borrow pit, shall be
planted and maintained with a ground cover or other planting to protect the
slopes against erosion and instability. Planting shall commence as soon as
slopes are completed on any portion of the site and shall be established upon all
slopes prior to the final approval of the grading. In order to minimize the period
during which a cut or filled surface remains exposed, such planting shall provide
for rapid short-term coverage of the slope as well as long-term permanent
coverage. Planting materials and procedures shall conform to regulations
adopted by the City Engineer. The City Engineer may approve other plant
materials as specified by a landscape architect. The Permittee shall maintain
such planting until it is well established as determined by the City Engineer.
a. Minimum Requirements. In addition to planting with
ground cover, slopes in excess of fifteen (15) feet in vertical height shall be
planted with shrubs in 2-1/4 inch pots or trees having a one (1) gallon minimum
size at ten (10) feet on center in both directions on the slope. The City Engineer
may vary the plant and planting pattern, but not the quantity, upon the
recommendation of landscape architect and approval.
Ordinance No. 2008-2306 15 Grading Ordinance (Chapter 15.70)
c. Where cut slopes are not subject to erosion due to
their rocky character or where the slopes are protected with pneumatically
applied concrete mortar or otherwise treated to protect against erosion and
instability to the satisfaction of the City Engineer, the requirement of this
subsection may be waived by the City Engineer.
d. The City Engineer may require the applicant to
temporarily stabilize and reseed disturbed soil areas to protect the Waters of the
State. If grass or ground cover is not established by the beginning of the wet
season, temporary erosion control measures such as erosion control mats or
blankets shall be installed on the slopes. If grass or ground cover is not
established by the beginning of the wet season, temporary erosion control
measures such as erosion control mats or blankets shall be installed on the
slopes.
19. Irrigation System Requirements.
a. General. Except for agricultural grading permits, all
slopes to be constructed, but only final slopes of any borrow pit, shall be provided
with an irrigation system which shall be used by the Permittee to promote the
growth of plants to protect the slopes against erosion. The Permittee shall be
responsible for installation and maintenance of the irrigation system until the City
Engineer determines that the system has been properly installed and meets the
minimum requirements of this section. When the City Engineer finds that a slope
less than fifteen (15) feet in height is located in an area as to make hand
watering possible, conveniently located hose bibs may be accepted in lieu of the
required irrigation system when a hose no longer than fifty (50) feet would be
required.
b. Minimum Requirements (1) Plans for the irrigation
system shall be in accordance with San Diego Regional Standard Specifications
for Sprinkler Irrigation Systems and shall be approved by the National City, City
Engineer prior to installation. (2) The irrigation system shall be located relative to
existing and proposed property lines to insure that the irrigation system and the
slopes sprinkled thereby will both be within the same property boundaries. The
irrigation system shall be supplied or be readily converted so as to be supplied
through the metered water service line serving each individual property. (3) The
irrigation system shall provide uniform coverage for the slope area at a rate of not
less than 0.03 inches per hour, nor greater than 0.30 inches per hour. A
functional test of the irrigation systems shall be performed to the satisfaction of
the City Engineer prior to final approval of the grading. (4) A check valve and
balance cock shall be installed in the system where drainage from sprinkler
heads will create an erosion problem. (5) Adequate back flow protection devices
shall be installed in each irrigation system. Such devices shall be protected
against physical damage during construction operations.
20. Waiver Of Planting And Irrigation Requirements.
The City Engineer may modify or waive the requirements for
planting and/or irrigation systems if he/she finds that said requirements would be
unreasonable or unnecessary for any of the following reasons: (a) the area is
subject to periodic inundation, or (b) water is unavailable to the area such that
irrigation would be impractical or impossible, or (c) the area is naturally devoid of
vegetation.
Ordinance No. 2008-2306 16 Grading Ordinance (Chapter 15.70)
21. General Construction Permit Requirements.
a. Notice of Intent. Permittees required to comply with
the State Construction General Storm Water Permit shall maintain on site and
make available for inspection on request by the City any state -issued Waste
Discharge Identification Number (WDID) for the site, and a copy of the Notice of
Intent (NOI) filed with the State Water Resources Control Board (SWRCB)
pursuant to that permit.
b. Storm Water Pollution Prevention Plan. Permittes
required to prepare a SWPPP under the State General Construction Storm Water
Permit must prepare the Plan, implement the Plan and maintain it at the site,
readily available for review. Failure to comply with an applicable state -required
SWPPP is a violation of this Chapter.
c. Facility Monitoring. Permittees required to conduct
monitoring under the State Construction General Storm Water Permit must
conduct such monitoring in conformance with requirements specified by the
State, retain records of such monitoring on site, and make such records available
for inspection by the City Engineer.
15.70.145 Grading fees. The plan review and permit fees shall be assessed in
accordance with City Ordinance No. 1929 and the National City Fee Schedule.
15.70.150 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 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.
15.70.155 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.
15.70.160 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.
15.70.165 Bonds. The City Engineer may require bonds in such form and amounts
as may be deemed necessary to ensure that the work, if not completed in accordance with the
approved plans and specifications, will be corrected to eliminate hazardous conditions.
In lieu of a surety bond the applicant may file a cash deposit or instrument of credit with
the City Engineer in an amount equal to that which would be required in the surety bond.
15.70.170 Violation a misdemeanor. Any person who commences or does any
grading in violation of this Chapter is guilty of a misdemeanor. Every day that a violation of this
Chapter is committed, continued or permitted to exist is a separate violation, punishable as
provided in this Code.
-- Signature Page to Follow --
Ordinance No. 2008-2306 17 Grading Ordinance (Chapter 15.70)
PASSED and ADOPTED this 19th day of February, 2008.
orrison,
ATTEST:
MicHael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Ordinance No. 2008-2306 18 Grading Ordinance (Chapter 15.70)
Passed and adopted by the Council of the City of National City, Califomia, on February
19, 2008, by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: Councilmember Zarate.
Abstain: None.
AUTHENTICATED BY:
By:
RON MORRISON
Mayor of the City of National City, California
City C erk of the City of National City, California
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 February 5, 2008, and on February 19, 2008.
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. 2008-2306 of the City Council of the City of National City, passed
and adopted by the Council of said City on February 19, 2008.
By:
City Clerk of the City of National City, California
Deputy