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HomeMy WebLinkAboutCC ORD 2015-2402 Amend 15.70 GradingORDINANCE NO. 2015 — 2402 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATiONAL CITY MUNICIPAL CODE BY AMENDING SECTIONS 15.70.010, 15.70.020, 15.70.025, 15.70.065, 5.70.0 7 5, AND 15.70.140 OF CHAPTER 15.70 (GRADING) The City Council of the City of National City does ordain as follows: Section 1. Sections 15.70,010, 15.70.020, 15.70.025, 15.70.0E5, 15. r0.075. and 15.70.140 of Chapter 15.70 of Title 15 are amended, as follows: 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 run-off are regulated to reduce, to the maximum extent practicable (MEP), pollutants entering the MS4 and receiving waters to protect water quality. 15.70.020 Appendix J of the 2013 California Building Code, Section J102 "Definitions" —Amended. For the purposes of this chapter, 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 (BMPS) - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. "Erosion and sediment control measures" are BMPs. BMP MANUAL- shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. BUILDING OFFICIAL - means the City Engineer or designee. CIVIL ENGINEER - means a professionai 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. Ci T Y - means the city of National City. DEVELOPMENT - means new cieveioprrient or redevelopment with land disturbing activities, construction, or installation of a structure, the creation of impervious surface or land subdivision. DISCHARGE - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. 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 earEhwork 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 - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. EROSION AND SEDIMENT 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 and sediment control measures. The plan shall provide for protection of exposed soils, prevention of discharge of sediment, and desiltation of run-off 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 AND SEDIMENT 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. LAND DISTURBANCE ACTIVITY - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. MAXIMUM EXTENT PRACTICABLE (MEP) - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. MS4 PERMIT - shall have the same meaning as set forth in National City Municipal Code ScctionE 14.22.030. NON -STORM WATER DISCHARGE - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. 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 - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. POLLUTION - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. PRIORITY DEVELOPMENT PROJECT - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. RAINY SEASON - means the period beginning October lst and ending April 30th in the next calendar year. The remainder of the year is the dry season. Ordinance 2015-2402 2 NCMC Chapter 15.70 June 16, 2015 Grading 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 less 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. RUN-OFF - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. STATE - means the State of California. STATE CONSTRUCTION GENERAL STORM WATER PERMIT - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. STORM WATER - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. STORM WATER POLLUTION PREVENTION PLAN (SWPPP) - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. WATER QUALITY STANDARDS - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. WATERS OF THE STATE - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. WATERS OF THE UNITED STATES - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. WATERCOURSE - shall have the same meaning as set forth in National City Municipal Code Section 14.22.030. 15.70.025 Hazards and safety precautions. If, at any stage of work, the City Engineer determines that , o v; .. E lid: pr �;.: �F�:.i�:1:.y i FiF:eFy F:J r..idi�Ll:,iszCi'J i.iiJo�,ry :ir urivat2 rvist-t'.r"y 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 ❑rading 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 pei nai lei ii siltation basil is, 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 Ordinance 2015-2402 3 NCMC Chapter 15.70 June 16, 2015 Grading unreasonable hazard to person or property, or cause or contribute to an exceedance of State water quality standards, or fail to reduce pollutants from the site to the MEP. 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 reo.uirements"—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 wail permit shaii 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. 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 and sediment 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. Ordinance 2015-2402 4 NCMC Chapter 15.70 June 16, 2015 Grading 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. P,EI grading, drainage, and retaining wail 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 P- ubiic Works Construction (latest adopted edition), anal 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 and sediment control plan in accordance with the requirements of the City's BMP Manual and 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_. Priority Development Protect Determination Form. A determination form as created by the City Engineer shall be submitted with plans, 15.70.140 Appendix J of the 2013 California Building Code, Section J110 "Erosion Control," Subsection 3 `Storm Water Erosion and Sediment" —Added. Subsection J11O.3 is added to the 2013 California Building Code to read as follows: J110.3 Stormwater Erosion and Sediment. A. Plans for an erosion and sediment 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 and sediment control system shall comply with the requirements of the latest State Ordinance 2015-2402 5 NCMC Chapter 15.70 June 16, 2015 Grading genera! construction stormwater permit (NPDES Permit N.!o. CAS000002) and any amendments thereto; the MS4 Permit; the City's Storm Water Managernent and Discharge Control Ordinance (Chapter 14,22), and this chapter to satisfy the requirements for erosion and sediment control and to 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 and sediment control system standards shall be as follows: 1. Erosion and sediment control BMPs shall be implemented as required by the City's BMP Manual. 2. The Permittee or owner shall be responsible for control of erosion and sediment on all a ca:: of grading unt € acceptance of the completed grading by the City Engineer. This responsibiiity extends to competed and occupied lots. 3. No earth or organic material shall be deposited or placed where it may be directly carried into a stream or body of standing water. 4. 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 Ordinance 2015-2402 6 NCMC Chapter 15.70 June 16, 2015 Grading project except erosion control work may be performed until the Permittee restores the full amount drawn from the deposit. 5. At any time of year; an inactive area shalll be fully protected from erosion and discharges of sediment. An area is considered inactive if construction activities have ceased for a period of 14 or more consecutive days. 6. BMP Implementation. The Permittee shall implement the BMPs necessary to reduce discharges of pollutants in storm water from construction sites to the MEP, and effectively prevent non -storm water discharges from construction sites into the MS4 in accordance with the BMP Manual. The BMPs shall be site specific, seasonally appropriate, and construction phase appropriate. BMPs shall be irnplemented at each construction site year round. If the project is subject to post -construction BMP requirements for Priority Development Projects described in the BMP Manual, the Permittee shall ensure that post -construction structural BMPs are installed per plans and maintenance is established. 7. 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. 8. No grading shall be allowed from October 1st through the following April 3Dth 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 and sediment control system has been implemented on the site. !f the City determines that it is necessary for the City to cause el05bn and Jcdimo:;t COrl!C _:ICa iuwS iu b inela!1ed or cleanup to be done, the Permittee shall pay ail of the City's direct and indirect costs including extra inspection, supervision, and reasonable overhead charges. 9. 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 snail 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 Ordinance 2015-2402 7 NCMC Chapter 15.70 June 16, 2015 Grading 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 ono (1) aatIon 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 and sediment 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 and sediment control measures such as erosion control mats or blankets shall be installed on the slopes. 10. 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 syfAcrr vodi"i properly installed and iiieets 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 Ordinance 2015-2402 8 NCMC Chapter 15.70 June 16, 2015 Grading 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 problerr.. (5) Adequate back flow protection devices shall be installed in each irrigation system. Such devices shall be protected against physical damage during construction operations. 11. Waiver of Planting and Irrigation Requirements. The City Engineer may modify or waive the requirements for pianting and/or irrigation systems if he/she finds that said regUirerrients Vito! �lr� 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. 12. State Construction General Storm Water 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 for the site, and a copy of the Notice of Intent filed with the State Water Resources Control Board (SWRCB) pursuant to that permit. b. Storm Water Pollution Prevention Plan (SWPPP). Permittees required to prepare a SWPPP under the State construction general storm water permit must prepare the SWPPP, implement the SWPPP, 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 Monitorine Permittees required to conduct monitoring under the State construction general storm water permit must conduct such ronitoring 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. Section 2. The proposed action is not a project subject to review under the California Environmeniai Quaiiiy Act (CEQA) because this ordinance is to implement other agency requirements and the City has no discretion regarding the permit requirement. Section 15060(c)(1) of the State CEQA Guidelines provides that only those actions involving the exercise of discretionary powers are projects within the meaning of CEQA. Even if the action is a project, it is exempt from CEQA review pursuant to Public Resources Code § 21080.5 as part of a certified regulatory program. The Basin Plan and Water Quality Control Plans implemented by the 2013 Permit are certified regulatory programs within Ordinance 2015-2402 9 NCMC Chapter 15.70 June 16, 2015 Grading the meaning of Public Resources Code section 21080.5. (14 Cal. Code Regs. § 15251(g).) The 2013 Municipal Permit is functionally a portion of the RWQCB administered regulatory program and as such is exempt from CEQA review by Public Resources Code § 21080.5. (Water Code § 3775.) Moreover, the proposed action is also exempt from CEQA review by and pursuant to Sections 15301, 15307, and 15308 of the State CEQA Guidelines. Section 15301 exempts from CEQA review the "operation, repair; maintenance, oern-lifting, !easing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use heyond that existing at the time of the lead agency's determination". Amending the Storm Water Management and Discharge Control Ordinance in accordance with the 2013 Municipal Permit, the City is taking a necessary step to allow for the continued operation of its existing MS4. As such, the proposed action is exempt from CEQA pursuant to Section 15301 of the State CEQA Guidelines. Sections 15307 and 15308 of the State CEQA Guidelines collectively exempt actions taken by regulatory agencies as authorized by State law or local ordinance to assure the maintenance, restoration, enhancement, and protection of a natural resource or environment where the regulatory process involves procedures for protection of the environment. The Ordinance is being enacted to help protect the beneficial uses of waters of the United States and State receiving waters in the manner required by the 2013 Municipal Permit. The 2013 Municipal Permit and resultant provisions in the Ordinance include procedures for the protection of the environment, including requirements for monitoring, reporting, and enforcement to ensure actions taken to protect natural resources and the environment are effective. The proposed action is, accordingly, also exempt from CEQA review under Sections 15307 and 15308 of the State CEQA Guidelines. PASSED and ADOPTED this 16th day of June, 2015. ATTEST: 4' Michael R. Dalla, City Clerk PPROVED AS TO FORM: audia G. Si! a City Attorney Ron Morrison, Mayor Ordinance 2015-2402 June 16, 2015 10 NCMC Chapter 15.70 Grading Passed and adopted by the Council of the City of National City California, on June 16, 2015 by the following vote, to -wit: Ayes: Councilmernbers Canc, Mendivil, Morrison, Rios, Soteio-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: By: RON MORRISON Mayor of the City of National City, California ze City CI rk of the City of ational City, California Deputy 1 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 June 2, 2015 and on June 16, 2015. l 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 erected 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. 2015-2402 of the City Council of the City of National City, passed and adopted by the Council of said City on June 16, 2015. By: City Clerk of the City of National City, California Qeput