HomeMy WebLinkAboutCC ORD 2013-2385 Appendix J 2013 California Building Code - GradingORDINANCE NO. 2013 — 2385
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ADOPTING APPENDIX J OF THE 2013 CALIFORNIA BUILDING CODE
AMENDING CERTAIN SECTIONS OF THAT 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 2013 California Building Code, California Code of Regulations, Title 24, Part II, Appendix J.
Section 2. The City Council of the City of National City hereby amends, adds, and
deletes certain sections of Appendix J of the 2013 California Building Code.
Section 3. The City Council of the City of National City amends 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 2013 California Building Code —Amended.
15.70.010 Purpose.
15.70.015 Appendix J of the 2013 California Building Code, Section J101 "General",
Subsection 1 "Scope" —Amended.
15.70.020 Appendix J of the 2013 California Building Code, Section J102
"Definitions" —Amended.
15.70.025 Hazards and safety precautions.
15.70.030 Appendix J of the 2013 California Building Code, Section J103 "Permits
required", Subsection 2.1 "Exemptions" —Amended.
15.70.035 Appendix J of the 2013 California Building Code, Section J103 "Permits
required", Subsection 2.2 "Exemptions" —Amended.
15.70.040 Appendix J of the 2013 California Building Code, Section J103 "Permits
required", Subsection 2.5 "Exemptions" —Amended.
15.70.045 Appendix J of the 2013 California Building Code, Section J103 "Permits
required", Subsection 2.6 "Exemptions" —Amended.
15.70.055 Appendix J of the 2013 California Building Code, Section J103 "Permits
required", Subsection 2.8 "Exemptions" —Added.
15.70.060 Appendix J of the 2013 California Building Code, Section J104 "Permit
application and submittals", Subsection J104.5 "Engineered grading
req uireme nts"—Added.
15.70.065
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
15.70.146
15.70.150
Appendix J of the 2013 California Building Code, Section J104 "Permit
application and submittals", Subsection J104.6 "Regular grading and
retaining wall construction requirements" —Added.
Appendix J of the 2013 California Building Code, Section J104 "Permit
application and submittals", Subsection J104.7 "Licenses and
insurance" —Added.
Appendix J of the 2013 California Building Code, Section J104 "Permit
application and submittals", Subsection J104.8 "Conditions" —Added.
Appendix J of the 2013 California Building Code, Section J105
"Inspections", Subsection J105.3 -Added.
Appendix J of the 2013 California Building Code, Section J106
"Excavations", Subsection J106.1.2 "Exceptions" —Deleted.
Appendix J of the 2013 California Building Code, Section J107 "Fills",
Subsection 1 "General" —Deleted.
Appendix J of the 2013 California Building Code, Section J107 "Fills",
Subsection 2 "Surface Preparation" —Amended.
Appendix J of the 2013 California Building Code, Section J107 "Fills",
Subsection 4—Amended.
Appendix J of the 2013 California Building Code, Section J108
"Setbacks", Subsection 1 "General" —Amended.
Appendix J of the 2013 California Building Code, Section J108,
"Setbacks", Subsection 2 "Top of Slope" —Amended.
Appendix J of the 2013 California Building Code, Section J108
"Setbacks", Figure J108.1, "Drainage Dimensions" —Amended.
Appendix J of the 2013 California Building Code, Section J108
"Setbacks", Subsection 3 "Slope Protection" —Amended.
Appendix J of the 2013 California Building Code, Section J109 "Drainage
and Terracing", Subsection 4 "Drainage across property lines" -
Amended.
Appendix J of the 2013 California Building Code, Section J109 "Drainage
and Terracing", Subsection 5 "Surface Run-off Interception" - Added.
Appendix J of the 2013 California Building Code, Section J109 "Drainage
and Terracing", Subsection 6 "Easements and Encumbrances" - Added.
Appendix J of the 2013 California Building Code, Section J110 "Erosion
Control", Subsection 3 "Storm Water Erosion and Sediment" —Added.
Grading fees.
Work commencing prior to permit issuance
Completion of work.
Ordinance No. 2013 — 2385 2 Amending NCMC Chapter 15.70
Adopted: December 3, 2013 Appendix J of the 2013 Building Code Code (Grading)
15.70.155 Rough grading permit.
15.70.160 Parking lots.
15.70.165 Bonds.
15.70.170 Violation a misdemeanor.
15.70.005 Adoption of Appendix J of the 2013 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 2013 California Building Code, subject to the
amendments, additions and deletions set forth in this chapter based on local climatic, geological
or topographical conditions. A copy of this adopted code is on file in the engineering
department.
15.70.010 Purpose. The purpose of this Chapter 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 2013 California Building Code, Section J101 "General",
Subsection 1 "Scope" —Amended. Section J101, Subsection 1 of the 2013 California 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. Where conflicts occur
between the technical requirements of this chapter and the geotechnical report,
the geotechnical report shall govern.
15.70.020 Appendix J of the 2013 California Building Code, Section J102 "Definitions" —
Amended. For the purposes of Chapter 15.70, the following definitions supplement , or modify
certain definitions in Appendix J of the 2013 California Building Code, Section J102. All other
definitions listed in the 2013 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.
AUTHORITY HAVING JURISDICTION - means the City Engineer of the
City of National City, or designee.
BEST MANAGEMENT PRACTICES OR BMPS - means schedules of
activities, pollution treatment practices or devices, prohibitions of practices,
Ordinance No. 2013 — 2385 3 Amending NCMC Chapter 15.70
Adopted: December 3, 2013 Appendix J of the 2013 Building Code Code (Grading)
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 or designee.
CIVIL ENGINEER - means a professional engineer registered in the State
of California to practice in the field of civil engineering as defined in Section 6731
of the California Business and Professions Code. He or she is the person directly
responsible for the project design, plan certification, and construction supervision.
DRAINAGE PLAN - means 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 - means a plan prepared and signed and
stamped/sealed 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 combination 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 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.
Ordinance No. 2013 — 2385 4 Amending NCMC Chapter 15.70
Adopted: December 3, 2013 Appendix J of the 2013 Building Code Code (Grading)
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 - means 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 (3') in height, measured from the top of the footing, to the top of
the wall, and for walls Tess than or equal to 3 feet (3') 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.
STORM WATER CONVEYANCE SYSTEM - means private and public
drainage facilities within the 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, including a municipal
storm sewer system (MS4).
WATERS OF THE UNITED STATES - has the same meaning as in 40
Code of Federal Regulations section 122.2.
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.
Ordinance No. 2013 — 2385 5 Amending NCMC Chapter 15.70
Adopted: December 3, 2013 Appendix J of the 2013 Building Code Code (Grading)
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
mariner 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 2013 California Building Code, Section J103 "Permits
required", Subsection 2.1 "Exemptions" —Amended. Section J103.2.1 of the 2013 California
Building Code is amended to read as follows:
1. When approved by the 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.
15.70.035 Appendix J of the 2013 California Building Code, Section J103 "Permits
required", Subsection 2.2 "Exemptions" —Amended. Section J103.2.2 of the 2013 California
Building Code is amended to read as follows:
2. 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 2013 California Building Code, Section J103 "Permits
required", Subsection 2.5 "Exemptions" —Amended. Section J103.2.5 of the 2013 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 2013 California Building Code, Section J103 "Permits
required", Subsection 2.6 "Exemptions" —Amended. Section J103.2.6 of the 2013 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.
15.70.055 Appendix J of the 2013 California Building Code, Section J103 "Permits
required", Subsection 2.8 "Exemptions" —Added. Section J103.2.8 is added to the 2013
California Building Code to read as follows:
Ordinance No. 2013 — 2385 6 Amending NCMC Chapter 15.70
Adopted: December 3, 2013 Appendix J of the 2013 Building Code Code (Grading)
8. 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 2013 California Building Code, Section J104 "Permit
application and submittals", Subsection J104.5 "Engineered grading requirements" —Added.
Section J104.5 is added to the 2013 California Building Code 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
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 applicable
fees, 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 2013 California Building Code, Section J104 "Permit
application and submittals", Subsection J104.6 "Regular grading and retaining wall construction
requirements" —Added. Section J104.6 is added to the 2013 California Building Code 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, as well as 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. All grading plans shall be prepared and signed and stamped/sealed by
a registered civil engineer and by a registered soil engineer, or registered civil
engineer competent in soils engineering. The plans shall include the following
information:
1 Location of work;
2 Name of the person who prepared the plans;
3 General vicinity of the proposed site;
4 Limiting dimensions and depth of cut and fill with input and export
values;
5 Location of any buildings or structures where work is to be
performed, and the location of any buildings or structures within 15 feet (15') of the
proposed grading;
6 All other relevant information listed in the plan checklists as
developed by the City Engineer.
Ordinance No. 2013 — 2385 7 Amending NCMC Chapter 15.70
Adopted: December 3, 2013 Appendix J of the 2013 Building Code Code (Grading)
The City Engineer may waive the requirement for a grading permit
when the proposed grading is on a single lot or parcel not proposed for further
subdivision and in the opinion of the City Engineer, the proposed grading entails
no hazard to any adjacent property, does not necessitate construction of extensive
drainage structures or erosion control facilities, and does not interfere in any way
with existing natural or improved drainage courses or channels.
A retaining wall Tess than or equal to three feet (3') 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 shall be
exempt from a grading permit. However, the construction of said retaining wall
shall comply with the Regional Standard Drawings, and is subject to inspection by
the City Engineer or his/her designee.
15.70.070 Appendix J of the 2013 California Building Code, Section J104 "Permit
application and submittals", Subsection J104.7 "Licenses and insurance" —Added. Section
J104.7 is added to the 2010 California Building Code 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 elected officials, officers, agents, and employees as additional
insured. The actual endorsements or policy language regarding automatic additional
insureds must be provided.
II. City business license, which may be obtained from the National City
Finance Department.
III. Appropriate state contractor license.
15.70.075 Appendix J of the 2013 California Building Code, Section J104 "Permit
application and submittals", Subsection J104.8 "Conditions" —Added. Section J104.8 of the
2014 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 the
City of National City, the County of San Diego Regional Standard Drawings (latest
adopted edition), the Public Works Inspection Manual (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.
Ordinance No. 2013 — 2385 8 Amending NCMC Chapter 15.70
Adopted: December 3, 2013 Appendix J of the 2013 Building Code Code (Grading)
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 2013 California Building Code, Section J105
"Inspections", Subsection J105.3—Added. Section J105.3 is added to the California Building
Code 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 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.
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.
Ordinance No. 2013 — 2385 9 Amending NCMC Chapter 15.70
Adopted: December 3, 2013 Appendix J of the 2013 Building Code Code (Grading)
15.70.085 Appendix J of the 2013 California Building Code, Section J106
"Excavations", Subsection J106.1.2 "Exceptions" —Deleted. Appendix J of the 2013 California
Building Code, Section J106.1.2 "Exception" is deleted.
15.70.090 Appendix J of the 2013 California Building Code, Section J107 "Fills",
Subsection 1 "General" —Deleted. Appendix J of the 2010 California Building Code, Section
J107 "Fills", Subsection 1 "General" is deleted.
15.70.095 Appendix J of the 2013 California Building Code, Section J107 "Fills
Subsection 2 "Surface Preparation" —Amended. Subsection J107.2 of the 2013 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 2013 California Building Code, Section J107 "Fills
Subsection 4—Amended. Subsection J107.4 of the 2013 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.
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 2013 California Building Code, Section J108
"Setbacks", Subsection 1 "General" —Amended. Subsection J108.1 of the 2013 California
Building Code is amended to read as follows:
Ordinance No. 2013 — 2385 10 Amending NCMC Chapter 15.70
Adopted: December 3, 2013 Appendix J of the 2013 Building Code Code (Grading)
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 2013 California Building Code, Section J108, "Setbacks",
Subsection 2 "Top of Slope" —Amended. Subsection J108.2 of the 2013 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 2013 California Building Code, Section J108 "Setbacks",
Figure J108.1, "Drainage Dimensions" —Amended. Figure J108.1 of the 2013 California
Building Code is amended to read as follows:
Amended Figure J108.1
Drainage Dimensions
Property Line
I but 2 ft (610
mmi minimum and
need not exceed
10ft (3C48mm)
W2but 2ft (610
mm) minimum and
need not exceed
20 ft (6096 rnm)
Natural or Finish Grade
Property line
Top of Slue 1
Ordinance No. 2013 — 2385
Adopted: December 3, 2013
11
Amending NCMC Chapter 15.70
Appendix J of the 2013 Building Code Code (Grading)
15.70.120 Appendix J of the 2013 California Building Code, Section J108 "Setbacks",
Subsection 3 "Slope Protection" —Amended. Subsection J108.3 of the 2013 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 2013 California Building Code, Section J109 "Drainage
and Terracing", Subsection 4 "Drainage across property lines" —Amended. Subsection J109.4
of the 2013 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 2013 California Building Code, Section J109 "Drainage and
Terracing", Subsection 5 "Surface Run-off Interception" —Amended Added. Subsection J109.5
is added to the 2013 California Building Code 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 2013 California Building Code, Section J109 "Drainage
and Terracing", Subsection 6 "Easements and Encumbrances" —Added. Subsection J109.6 is
added to the 2013 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. 2013 — 2385 12 Amending NCMC Chapter 15.70
Adopted: December 3, 2013 Appendix J of the 2013 Building Code Code (Grading)
15.70.140 Appendix J of the California Building Code, Section J110 "Erosion Control
Subsection 3 "Storm Water Erosion and Sediment" —Added. Subsection J110.3 is added to
the 2013 California Building Code 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
Ordinance No. 2013 — 2385 13 Amending NCMC Chapter 15.70
Adopted: December 3, 2013 Appendix J of the 2013 Building Code Code (Grading)
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.
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.
Ordinance No. 2013 — 2385 14 Amending NCMC Chapter 15.70
Adopted: December 3, 2013 Appendix J of the 2013 Building Code Code (Grading)
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.
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 1st 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
Ordinance No. 2013 — 2385 15 Amending NCMC Chapter 15.70
Adopted: December 3, 2013 Appendix J of the 2013 Building Code Code (Grading)
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, whichever 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 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.
Ordinance No. 2013 — 2385 16 Amending NCMC Chapter 15.70
Adopted: December 3, 2013 Appendix J of the 2013 Building Code Code (Grading)
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.
b. 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.
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.
Ordinance No. 2013-2385 17 Amending NCMC Chapter 15.70
Adopted: December 3, 2013 Appendix J of the 2013 Building Code Code (Grading)
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.
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. Permittees
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 the current City of National City Fee Schedule.
15.70.146 Work commencing prior to permit issuance —Added. Any person who
commences any work where an engineering permit is required prior to obtaining the necessary
permits shall be subject to an administrative penalty fee equal to the amount of the permit fee
Ordinance No. 2013 — 2385 18 Amending NCMC Chapter 15.70
Adopted: December 3, 2013 Appendix J of the 2013 Building Code Code (Grading)
that would be required by this code if a permit were to be issued. The administrative penalty fee
is in addition to a permit fee. The payment of such administrative penalty shall not exempt any
person from compliance with all other provisions of this code or from any penalty prescribed by
law.
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
principal planner for such grading. The rough -grading permit thus issued shall be subject to the
special requirements of both the city engineer and the principal planner.
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 shall require a surety bond in the amount of
one hundred percent (100%) of the engineers' cost estimate to ensure that the work, if not
completed in accordance with the approved plans and specifications, will be corrected to
eliminate any potentially 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.
PASSED and ADOPTED this 3rd day of Dece . - 2013.
ATTEST:
A
Michael R. Dalla, City Clerk
Ron Morrison, Mayor
PPROVED AS TO FORM:
Clad :"a % -citua Silva
Att. ne
Ordinance No. 2013 — 2385
Adopted: December 3, 2013
19 Amending NCMC Chapter 15.70
Appendix J of the 2013 Building Code Code (Grading)
Passed and adopted by the Council of the City of National City, California, on
December 3, 2013 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
By:
Mayor of the City of National City, California
City Clerk of the City of ational 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 November 19, 2013 and on December 3, 2013.
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.
FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2013-2385 of the City Council of the City of National City, passed
and adopted by the Council of said City on December 3, 2013.
By:
City Clerk of the City of National City, California
Deputy