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HomeMy WebLinkAbout99-14 - 1997 Uniform Administrative Code, 1997 Uniform Housing Code, 1998 California Building Code, 1998 California Mechanical Code, 1998 Electrical Code, 1998 California Plumbing Code, 1997 Uniform Swimming Pool, Spa and Hot Tub Code, and the Excavation• ORDINANCE NO. 99- 14 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTERS 15.02, 15.03, 15.04, 15.05, 15.06, 15.08, 15.09, and 15.10 OF TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE 1997 EDITION OF THE UNIFORM ADMINISTRATIVE CODE, THE 1997 EDITION OF THE UNIFORM HOUSING CODE, THE 1998 EDITION OF THE CALIFORNIA BUILDING CODE, THE 1998 EDITION OF THE CALIFORNIA MECHANICAL CODE, THE 1998 EDITION OF THE CALIFORNIA ELECTRICAL CODE, THE 1998 EDITION OF THE CALIFORNIA PLUMBING CODE, THE 1997 EDITION OF THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, AND THE EXCAVATION AND GRADING CODE. STATEMENT OF URGENCY - The City Council is adopting this Ordinance as an urgency measure for the following reasons: 1. The 1998 California Building Standards contain provisions for the design, construction, quality of materials, equipment, and occupancy of structures that are necessary to protect life and property from the hazards of fire, explosion, flooding, collapse, and other peril or • catastrophe. 2. The health, safety, and welfare of Newport Beach residents, businesses, and visitors would be jeopardized by the inability of the Building Department to enforce provisions of 1998 California Building Standards as modified to address climatic, geographic, or topographic conditions. 3. If this Ordinance does not take affect immediately upon adoption by the City Council, Newport Beach would be unable, for a significant period of time, to enforce critical modifications to 1998 California Building Standards that are necessary to address climatic, geographic, or topographic conditions. 4. The adoption of this Ordinance as an urgency measure is necessary to preserve the health, safety, and welfare of Newport Beach residents, businesses, and visitors. The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Chapter 15.02 of the Newport Beach Municipal Code is • adopted to read: • Chapter 15.02 ADMINISTRATIVE CODE Section: 15.02.010 Adoption of the Uniform Administrative Code 15.02.020 Amendment to Section 204. 15.02.030 Amendment to Section 301.2.1.2. 15.02.040 Amendment to Sections 304.2, 304.3 and 304.5.2 relating to Fees. 15.02.050 Amendment to Section 306.2. 15.02.010 Adoption of the Uniform Administrative Code. The City Council adopts and incorporates by reference, as though set forth in full in this chapter, the 1997 edition of the "Uniform Administrative Code" as published by the International Conference of Building Officials, except fees which shall be isestablished by Resolution of the City Council, subject to the changes and modifications set forth in this chapter. The various parts of this Code, along with the additions, amendments and deletions adopted in this chapter, shall constitute and be known as the Newport Beach "Administrative" Code. A copy of the 1997 Uniform Administrative Code, printed in code book form, shall be kept on file in the office of the City Clerk. 15.02.020 Amendment to Section 204 of the Administrative Code. Section 204 of the Administrative Code is amended to read as follows: SECTION 204.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of the technical code, there shall be and is hereby created, a • Board of Appeals consisting of seven (7) members who are qualified by experience and training to pass upon matters pertaining to building construction and building 2 • service equipment, two (2) of whom shall be physically disabled, and who are not employees of the City of Newport Beach. The building official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official and may recommend to the City Council such new legislation as is consistent therewith. SECTION 204.2 Limitations of Authority. The Board of Appeals shall have no authority to interpret the administrative provisions of codes; nor shall the board be empowered to waive requirements of codes. SECTION 204.3 Fee for an Appeal Hearing before the Board of . Appeals. The fee for an appeal hearing before the Board of Appeals shall be as set forth in the City Council Fee Resolution payable at the time the applicant submits his request for a hearing. Should the applicant; desire to withdraw his request prior to a public hearing, the Building Official may authorize refunding of up to 80% of the fee paid. 15.02.030 Amendment to Section 301.2.1.2 of Administrative Code. Section 301.2.1.2. of the Administrative Code is amended to read as follows: Fences not over 3' high above grade. 15.02.040 Amend Sections 304.2, 304.3 and 304.5.2 of the Administrative Code relating to Fees. Section 304 of the Administrative Code is amended to read as follows: • SECTION 304.2 Permit Fees. The fee for each permit shall be as set forth in the City Council Fee Resolution. C . The determination of value or valuation under any of the provisions of these codes shall be made by the building official. The value to be used in computing the building permit and building plan review faes shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air - conditioning, elevators, fire - extinguishing systems and other permanent equipment. SECTION 304.3 Plan Review Fees. When submittal documents are required by Section 302.2, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be as set forth in the City Council Fee Resolution. The plan review fees specified in this section are separate fees from the permit fees specified in Section 304.2 and are in addition to the permit fees. • When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 302.4.2, an additional plan review fee shall be charged as required in the City Council Fee Resolution. SECTION 304.5.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such investigation fee shall not exempt an applicant from compliance with all other provisions of either this code or the technical codes nor from the penalty prescribed by law. 15.02.050 Amendment to Section 306.2 to the Administrative Code. • Section 306.2 of the Administrative Code is amended to read as follows: 4 • SECTION 306.2 Approval of Special Inspector: The special inspector shall be a qualified person approved by the Building Official of the City of Newport Beach or his/her designated representative. The special inspector shall furnish continuous inspection on the construction and work requiring his/her employment as prescribed in the applicable code. The special inspector shall report to the Building Official in writing, noting all code violations and other information as required on forms, prescribed or approved by the City of Newport Beach. Each person applying for listing /registration as a special inspector for the City of Newport Beach shall possess a valid certification from a certifying agency approved by the Building Official, as a special inspector for each classification for which they apply. The Building Official may administer testing procedures, which he /she may find appropriate. • Each person applying for registration, as a special inspector for the City of Newport Beach, shall pay a registration fee as set forth in the City Council Fee Resolution, payable with the application. A registration card shall be issued to each such special inspector who qualifies. A renewal fee as set forth in the City Council Fee Resolution for each classification shall be charged on July 1 of each year thereafter at which time the special inspector may be subject to re- examination. The Building Official may, in writing, suspend or revoke any special inspector's certificate of registration for due cause. This notice shall set forth the time and place evidence would be submitted to show cause why the certificates of registration should not be revoked. Failure to appear at such hearing by the special inspector may result in immediate revocation of said certificates. Special Inspector's • qualification registrations are to be given only for the execution of work done under E • Section 306.1 of the Uniform Administrative Code in the City of Newport Beach or for work specifically authorized by the Building Official. E • 11 • SECTION 2. Chapter 15.03 of the Newport Beach Municipal Code is adopted to read: Chapter 15.03 HOUSING CODE Section: 15.03.010 Adoption of Uniform Housing Code. 15.03.010 Adoption of the Uniforms Housing Code. The City Council adopts and incorporates by reference, as though set forth in full in this section. the 1997 edition of the "Uniform Housing Code" as published by the International • Conference of Building Officials. The various parts of this code shall constitute and be known as the Newport Beach "Housing Code ". A copy of the 1997 Uniform Housing Code, printed in code book form, shall be kept on file in the office of the City Clerk. . SECTION 3. Chapter 15.04 of the Newport Beach Municipal Code is adopted to read: is Chapter 15.04 BUILDING CODE Sections: 15.04.010 Adoption of California Building Code. 15.04.020 Deletion of Chapter 1. 15.04.030 Amendment to Section 403 15.04.040 Addition to Section 904.2.1. 15.04.050 Addition of Subsection 6 and 7 to Section 904.2.2. 15.04.060 Amendment to Table 15 -A. 15.04.070 Amendment to Section 1900.4.4 15.04.080 Amendment to Section 1922.10.3 15.04.010 Adoption of the California Building Code. The City Council adopts and incorporates by reference, as though set forth in full in this Section of the 1998 edition of the "California Building Code ", including Appendix Chapters, Al2, A15, A16 Division II and IV, A18, A31II, A31III, A34III, as published by the International Conference of Building Officials. The City Council also adopts and incorporates by reference, as though set forth in full in this section, the 1998 edition of the "California Building Code" Volumes 1, 2 and 3, including all national codes and standards referenced therein, based on the 1997 Uniform Building Code, as published by the International Conference of Building Officials. The various parts of these Codes and Standards, along with the additions, • amendments, and deletions adopted in this section, shall constitute and be known as the Newport Beach "Building' Code. A copy of the 1998 California Building Code • Volumes 1, 2 and 3, printed in code book form, shall be kept on file in the office of the City Clerk. 15.04.020 Deletion of Chapter 1 of the Building Code. Chapter 1 of the Building Code is deleted. All administrative provisions including enforcement, permit process, fees and inspections for this Chapter are contained in the Administrative Code under Chapter 15.02. 15.04.030 Amendment to Section 403 Section 403 is amended to read as follows: SECTION 403 Special Provisions for all Occupancies. SECTION 403.1 Scope. This section applies to all occupancies each having floors used for human occupancy located more than 55 feet (16,764 mm) above the lowest level of fire department vehicle access. Such buildings shall be of type I or • Type II -F.R. construction and shall be provided with an approved automatic fire sprinkler system in accordance with Section 403.2. SECTION 403.1.1 [For SFMJ In addition to other applicable requirements of these regulations, the provisions of this section shall apply to every new building of any type of construction or occupancy having floors used for human occupancy located more than 55 feet (16,764 mm) above the lowest level of fire department vehicle access. EXCEPTIONS. 1. Hospital as defined in Section 1250 of the Health and Safety Code. 2. The following structures, while classified as high -rise buildings, shall not be subject to the provisions of this section, but shall conform to all other applicable provisions of this regulation. 2.1 Buildings used exclusively as open parking structures. 2.2 Buildings where all floors above the 55 -foot (16,744 mm) level are used • exclusively as open parking structures. 0 • 2.3 Floors of buildings used exclusively cis open parking garages and located above all other floors used for human occupancy. 2.4 Buildings such as power plants, lookout towers, steeples, grain houses and similar structures with noncontinuous human occupancy, when so determined by the enforcing official. 2.5 Buildings used exclusively for jails and prisons. 15.04.040 Addition to Section 904.2.1. Section 904.2.1 of the Building Code is amended to read as follows: SECTION 904.2.1 Where required. An automatic fire- extinguishing system shall be installed in the occupancies and locations as set forth in this section. Notwithstanding any applicable provisions of this code, an automatic fire- extinguishing system shall be installed in all occupancies when the total floor area of a building, regardless of area separation walls or allowable area, exceeds 5,000 square feet. In all existing structures not equipped with an automatic fire extinguishing system, when additions cause the structure to exceed 5,000 square feet the following provisions apply. A. When such additions are 25% or less than the original building square footage, the existing structure and the addition need not be equipped with an automatic sprinkler system. B. When such additions exceed 25% but are less than 50% of the original building square footage, the addition shall be equipped with an automatic sprinkler system. • C. When such additions are 50% or more of the original building square footage, the entire structure shall be equipped with an automatic sprinkler system throughout. 10 • 15.04.050 Addition of Subsection 6 and 7 to Section 904.2.2. Subsection 6 and 7 of Section 904.2.2 is added to the Building Code to read as follows: SECTION 904.2.2 6. In all buildings having floors used for human occupancy located more than 40 feet above the lowest level of Fire Department access. 7. In all existing structures not equipped with an automatic fire extinguishing system that exceed 5,000 square feet, the following provisions shall apply. A. When additions are 1,250 square feet or less, the existing structure and the addition need not be equipped with an automatic sprinkler system. • B. When additions exceed 1,250 square feet, but are less than 2,500 square feet, the addition shall be equipped with an automatic sprinkler system. C. When additions are 2,500 square feet or more, the entire structure shall be equipped with an automatic sprinkler system throughout. Except in Group R, Division 3 and Group M occupancies, in partially sprinklered buildings, sprinklered areas shall be separated from non - sprinklered areas. Such separation shall not be less than that required for a one -hour occupancy separation. 15.04.060 Amendment to Table 15 -A. Table 15 -A of the Building Code is amended to read as follows: 11 • E TABLE NO. 15 -A MINIMUM ROOF CLASSIFICATIONM OCCUPANCY TYPES OF CONSTRUCTION I II III IV V FR I FR 1 -HR N 1 -HR N HT 1 -HR N A -1 B B A)2 -2.1 B B B B B B A -3 B B B B B1 C B1 131 C A -4 B B B B B B B B B1 B B B B B B1 C 131 131 C E B B B B B B B B B1 F B B B B 131 C 131 B1 C H -1 A A A A - - H 2- 3- 4- 5 -6 -7 -8 A B B B B B B B B 1)1.1-1.2-2 A B B B B B I -3 A B 131 B2 B M B B B B B1 C B1 B2 C R -1 B B B B B1 C 131 B2 C R -3 B B B B C C C C C S -1,S -3 B B B B B1 C B1 B1 C S -2,S -5 B B B B B B B B B1 S -4 B B B B 1U B B B B C C C C C A - Class A Roofing • B - Class B Roofing C - Class C Roofing F.R. — Fire Resistive Construction H.T. — Heavy Timber Construction 12 • 1 HR —1 Hour Rated Construction - Occupancy not permitted in this type of construction (1) Buildings which are not more than two stories in height and have not more than 6,000 square feet (557ml) of projected roof area and where there is a minimum of 10 feet (3,048m) from the extremity of the roof to the property line or assumed property line on all sides except for street fronts may have Class C roof coverings which comply with U.B.C. Standard No. 15 -2. (2) See Section 308.2.2 (3) All structures, regardless of occupancy classification, located within the "High Fire Hazard Severity Zone," as defined and periodically modified by the local jurisdiction, shall be provided with a Class "A" or "B" roof system. 15.04.070 Amendment to Section 1900.4.4 Section 1900.4.4 of the Building Code is amended to read as follows: • SECTION 1900.4.4 Minimum Slab Thickness. The minimum thickness of concrete floor slabs supported directly on the ground shall not be less than 3 '/z • inches (89 mm). A minimum of 6 Mil approved vapor barrier membrane shall be placed under slab floors supported directly on the ground in Group I and R, Division 1 and 3 occupancies. 15.04.080 Amendment to Section 1922.10.3. Section 1922.10.3 is amended to read as follows: SECTION 1922.10.3 Seismic Zones 2, 3 and 4. Structural plain concrete members are not permitted in buildings located in Seismic Zones 2, 3 and 4. EXCEPTIONS: 1. Footings for buildings of Group R,, Division 3 or Group U, Division 1 Occupancy constructed in accordance with Table 18 -I -C. 13 • SECTION 4. Chapter 15.05 of the Newport Beach Municipal Code is adopted to read: Chapter 15.05 MECHANICAL CODE Section: 15.05.010 Adoption of California Mechanical Code. 15.05.020 Deletion of Chapter 1. 15.05.10 Adoption of California Mechanical Code. The City Council adopts and incorporates by reference, as though set forth in full in this section of the 1998 edition of the "California Mechanical Code ", [Based on the 1997 Uniform • Mechanical Code] as published by the International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials. The various parts of this code, including the deletions adopted in this section, shall constitute and be known as the Newport Beach "Mechanical' Code. A copy of the 1998 California Mechanical Code printed in code book form shall be kept on file in the office of the City Clerk. 15.05.20 Deletion of Chapter 1 of the Mechanical Code. Chapter 1 of the Mechanical Code is deleted. All administrative provisions including enforcement, permit process, fees, and inspections for this chapter are contained in the Administrative Code under Chapter 15.02. • 14 • SECTION 5. Chapter 15.06 of the Newport Beach Municipal Code is adopted to read: Chapter 15.06 ELECTRICAL CODE Sections: 15.06.010 Adoption of The California Electrical Code. 15.06.020 Amendment to Article 110 -5. 15.06.010 Adoption of the California Electrical Code. The City Council adopts and incorporates by reference, as though set forth in full in this section, the 19938 edition of the "California Electrical Code" based on the 1996 . National Electrical Codes as published by the National Fire Protection Association International Conference subject to the changes and modifications set forth in this chapter. The various parts of this code, along with the additions, amendments and deletions adopted in this section, shall constitute and be known as the Newport Beach "Electrical' Code. A copy of the 1998 California Electrical Code, printed in code book form shall be kept on file in the office of the City Clerk. 15.06.020 Amendment to Article 110 -5. Article 110 -5 of the Electrical Code is amended to read as follows: ARTICLE 110 -5 CONDUCTORS. Conductors normally used to carry current shall be of copper or of aluminum unless otherwise provided in this Code. Where the conductor material is not specified, the material and the sizes given in • this Code shall apply to copper conductors. Where other materials are used, the size shall be changed accordingly. Aluminum conductors of No. 6 or smaller used for branch circuits shall require continuous inspection by an independent testing 15 • agency approved by the Building Official for proper torquing of connections at their termination point. • • (FPI): For aluminum and copper -clad aluminum conductors, see Section 310 -15. 16 • SECTION 6. Chapter 15.08 of the Newport Beach Municipal Code is amended to read: Chapter 15.08 PLUMBING CODE Section: 15.08.010 Adoption of California Plumbing Code. 15.08.020 Deletion of Chapter 1 Administration. 15.08.025 Amendment to Section 604.1a 15.08.030 Amendment to Section 1210.1. 15.08.010 Adoption of California Plumbing Code isThe City Council adopts and incorporates by reference, as though set forth in full in this section, the 1998 edition of the "California Plumbing Code ", based on the 1997 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials. The various parts of these Codes and Standards, along with the additions, amendments, and deletions adopted in this section, shall constitute and be known as the Newport Beach "Plumbing" Code. A copy of the 1998 California Plumbing code, printed in code book form, shall be kept on file in the office of the City Clerk. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02, 15.08.020 Deletion of Part 1 Administration of the Plumbing Code. • Part 1 Administration of the Plumbing code is deleted in its entirety. All administrative provisions including enforcement, permit process, fees, and 17 • inspections for this section are contained in the Administrative Code under Chapter 15.02. 15.08.025 Amendment to Section 604.1a. Section 604. la is amended to read as follows: SECTION 604.1a [HCD 1 &2] Water pipe and fittings shall be of brass, copper, cast iron, galvanized malleable iron, galvanized wrought iron, galvanized steel, or other approved materials. Asbestos - cement, CPVC, PE or PVC water pipe manufactured to recognized standards shall be used for cold water service distribution systems outside a building. All materials used in the water supply system, except valves and similar devices, shall be of a like material, except where otherwise approved by the administrative Authority. 15.08.030 Amendment to Section 1210.1 • Section 1210.1 is amended to read as follows: SECTION 1210.1 All pipe used for the installation, extension, alteration, or • repair of any gas piping shall be standard weight wrought iron or steel (galvanized or black), yellow brass (containing not more than seventy -five (75) percent copper), or internally tinned or equivalency treated copper of iron pipe size. PolyEthylene or other non - metallic pipe shall be used in exterior buried and piping systems. 18 • SECTION 7. Chapter 15.09 of the Newport Beach Municipal Code is • • amended to read: Chapter 15.09 SWIMMING POOL CODE Section: 15.09.010 Adoption of Uniform Swimming Pool Code. 15.09.020 Deletion of Chapter 1 Administration. 15.09.030 Addition of Subsections 301.3, 301.4, 301.5 and 301.6 to Section 301 of the Swimming Pool Code. 15.09.010 Adoption of Uniform Swimming Pool Code. The City Council adopts and incorporates by reference, as though set forth in full in this Chapter, the 1997 edition of the "Uniform Swimming Pool, Spa, and Hot Tub Code" as published by the International Association Plumbing and Mechanical Officials. The City Council also adopts and incorporates by reference all applicable portions of Title 24, California Code of Regulations, subject to the changes and modifications set forth in this chapter. The various parts of these this code, along with the amendments adopted in this Chapter, shall constitute and be known as the Newport Beach "Swimming Pool' Code. A copy of the 1997 Uniform Swimming Pool, Spa, and Hot Tub Code, printed in codebook form shall be kept on file in the office of the City Clerk. 15.09.020 Deletion of Part 1 Administration. Part 1 Administration of the Swimming Pool Code is deleted in its entirety. All administrative provisions including enforcement, permit process, fees, and inspections for this Chapter are contained in the Administrative Code under Chapter, 15.02. 19 15.09.030 Amendment to Section 2301 of the Swimming Pool Code. Section 301 of the Swimming Pool Code is amended by adding a Subsection 301.3, 301.4, 301.5 and 301.6 to read as follows: SECTION 301.3 Waste water from any filter, scum filter, scum gutter, overflow, pool emptying line, or similar apparatus or appurtenance shall discharge into an approved type receptor and subsequently. into a public sewer. The flood level rim of such receptor shall be at least six 6 inches (152 mm) above the flood level of the adjacent ground. Each such receptor when permitted to be connected to any part of a drainage system shall be provided. with an approved trap with a minimum pipe size of three 3 inches (76 mm). SECTION 301.4 Article 2.5, of the Swimming Pool Safety Act, Health and Safety Code is hereby adopted and repeated herein for convenience. • Article 2.5 THE SWIMMING POOL SAFETY ACT 115920. Short title 115921. Definitions. 115922. Construction permit; safety features 115923. Enclosure; required characteristics 115924 Agreements to build; notice of provisions 115925. Exempt facilities 115926. Application to facilities regulated by Department of Social Services. 115927. Modification and interpretation of article. § 115920. Short Title • This act shall be known and may be cited as the Swimming Pool Safety Act. § 115921. Definitions oil] • As used in this article the following terms have! the following meanings: (a) "Swimming pool" or "pool" means any structure intended for swimming or recreational bathing that contains water over 18 inches deep. "Swimming pool" includes in- ground and aboveground structures and includes, but is not limited to, hot tubs, spas, portable spas, and non.portable wading pools. (b) "Public swimming pool" means a swimming pool operated for the use of the general public with or without charge, or for the use of the members and guests of a private club. Public swimming pool does not include a swimming pool located on the grounds of a private single- family home. (c) "Enclosure" means a fence, wall, or other barrier that isolates a swimming pool from access to the home. (d) "Approved safety pool cover" means a manually or power- operated safety pool • cover that meets all of the performance standards of the American Society for Testing and Materials (ASTM), in compliance with standard F1346 -92. (e) "Exit alarms" means devices that make audible, continuous alarm sounds when any door or window, that permits access from the residence to the pool area that is without any intervening enclosure, is opened or is left ajar. Exit alarms may be battery- operated or may be connected to the electrical wiring of the building. § 115922. Construction permit; safety features required. Commencing January 1, 1998, except as provided in Section 115925, whenever a construction permit is issued for construction of a new swimming pool at a private, single - family home, it shall be equipped with at least one of the following safety features: (a) The pool shall be isolated from access to a home by an enclosure that meets the requirements of Section 115923. • (b) The pool shall be equipped with an approved safety pool cover. 21 • (c) The residence shall be equipped with exit alarms on those doors providing direct access to the pool. (d) All doors providing direct access from the home to the swimming pool shall be equipped with a self - closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor. (e) Other means of protection, if the degree of protection afforded. is equal to or greater than that afforded by any of the devices set forth in subdivisions (a) to (d), inclusive, as determined by the building official of the jurisdiction issuing the applicable building permit. Any ordinance governing child access to pools adopted by a political subdivision on or before January 1, 1997, is presumed to afford protection that is equal to or greater than that afforded by any of the devices set forth in subdivisions (a) to (d), inclusive. • § 115923. Enclosure; required characteristics (a) Any access gates through the enclosure open away from the swimming pool, and are self - closing with a self - latching device placed no lower than 60 inches above the ground. (b) A minimum height of 60 inches. (c) A maximum vertical clearance from the ground to the bottom of the enclosure of two inches. (d) Gaps or voids, if any, do not allow passage of a sphere equal to or greater than four inches in diameter. (e) An outside surface free of protrusions, cavities, or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over. § 115924. Agreements to build; notice of provisions • Any person entering into an agreement to build. a swimming pool shall give the consumer notice of the requirements of this article. 22 • § 115925. Exempt facilities The requirements of this article shall not apply to any of the following: (a) Public swimming pools. (b) Hot tubs or spas with locking safety covers that comply with the American Society for Testing Materials- Emergency Performance Specifications (ASTM -ES 13 -89). (c) Any pool within the jurisdiction of any political subdivision that adopts an ordinance for swimming pool safety that includes requirements that are at least as stringent as this article. (d) An apartment complex, or any residential setting other than a single - family home. § 115926. Application to facilities regulated by Department of Social Services • This article does not apply to any facility regulated by the State Department of Social Services even if the facility is also used as the private residence of the operator. Pool safety in those facilities shall be regulated pursuant to regulations adopted therefore by the State Department of Social Services. § 115927. Modification and interpretation of article Notwithstanding any other provision of law, this article shall not be subject to further modification or interpretation by any regulatory agency of the State, this authority being reserved exclusively to local jurisdictions, as provided for in subdivision (e) of Section 115922 and subdivision (c) of Section 11.5924. SECTION 301.5 Water Clarity All swimming pool and spa water shall be maintained in a clear condition, which is free of algae, insects, debris, and in a sanitary condition. The • floor of the pool shall be clearly visible. SECTION 301.6 Retroactivity 23 • Subsection 301.4 shall not be enforced on a retroactive basis. Existing barriers required at the time of pool construction shall apply and be maintained. • 11 24 • SECTION 8. Chapter 15.10 of the Newport Beach Municipal Code is adopted to read: Chapter 15.10 EXCAVATION AND GRADING CODE Sections: 15.10.010 15.10.020 15.10.030 15.10.040 15.10.050 15.10.060 15.10.065 15.10.070 • 15.10.080 15.10.090 15.10.100 15.10.110 15.10.120 15.10.130 15.10.140 15.10.150 15.10.160 15.10.170 15.10.180 15.10.190 15.10.010 Purpose. Purpose. Administration. Exempt Work. Hazard Abatement. Definitions. Grading Permit Requirements. Drainage Permits. Fees. Bonds. Cuts. Fills. Setbacks. Drainage and Terracing. Erosion Control. Grading Inspection. Notification of Completion. Alternate Methods. Denial of Permit. Placing Excavated Material. Denuding Natural Ground Cover. The purpose of this chapter is to safeguard life, limb, property and the public welfare by regulating grading, drainage and hillside construction on private property and for similar improvement proposed by private interests on City right-of- way where regulations are not otherwise exercised. The Building Official shall formulate such rules, procedures, and interpretations as may be necessary to administer this chapter. 25 • 15.10.020 Administration. This chapter sets forth rules and regulations to control excavation, grading, drainage conditions, erosion control, earthwork: construction including fills and embankments, and the use of earth materials as a structural component; and provides for the approval of plans and inspection of grading construction and drainage control. 15.10.030 Exempt Work. A. No person shall do any grading without first having obtained a grading permit from the Building Official except for the following: 1. An excavation below finish grade for 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, nor exempt any excavation • which is unsupported or unstable after the completion of such structure, nor shall it exempt any condition resulting from the construction of such structure which requires grading or construction of drainage improvements to provide a safe and stable structure which does not create adverse conditions on other properties, either public or private; 2. Cemetery graves; 3. Refuse disposal sites covered by other regulations; 4. Excavations for wells or tunnels or utilities under the jurisdiction of other agencies. This shall not exempt any fill made from such excavations on private property unless preemptive regulations have been established by law; Mining and quarrying together with necessary stockpiling, processing and other activities where established and provided such operations do not • significantly affect the lateral or vertical support, or significantly increase the stresses in or pressure upon any adjacent or continuous property; 26 • 6. Exploratory excavations under the direction of soils engineers or engineering geologists; 7. An excavation which (a) is less than two feet in depth; or (b) does not create a cut slope greater than five feet in height and steeper than two horizontal to one vertical; and (c) is less than fifty cubic yards on one site and does not create an adverse erosion, drainage, groundwater, or slope condition requiring remedial work covered by this regulations; 8. Unless preempted by other regulations, fill which does not exceed fifty (50) cubic yards on any one site which is not part of a regular maintenance procedure and which: a. Is placed on natural undisturbed terrain with a slope flatter than five horizontal to one vertical, or • b. Less than three ft. in depth not intended to support structures provided that such fill will not create an adverse slope, erosion, drainage, groundwater or structural condition. B. Exceptions listed above shall not be interpreted as exempting future construction on a site from code compliance due to an exempted nonconforming condition nor shall any exception be construed as exempting an adverse condition from being corrected in accordance with the procedures, nor shall it be construed as exempting any requirement for grading as a flood plain management requirement. C. No person shall construct, reconstruct, alter, repair or install any structure in any natural drainage channel water course without a grading permit. Road or parking lot paving work shall be performed under permit, unless waived by the Building Official, or when performed as part of maintenance work. • D. Whenever the Building Official determines that (a) construction of any device or structure has resulted or may result in adverse drainage, groundwater, or slope conditions; or (b) existing drainage conditions have resulted or may result in 27 • adverse erosion conditions, he /she may require a drainage permit to be obtained and corrective work accomplished. 15.10.040 Hazard Abatement. Whenever the Building Official determines by inspection, from information made available to him/her, that any existing drainage condition, excavation, fill, natural slope or subsurface condition has become a hazard to life and limb, or endangers property or adversely affects the safety, use or stability of a public way or any drainage channel, he /she shall make a determination of the level of hazard and the owner of the property upon which the drainage conditions, excavation, fill, natural slope or subsurface condition is located, or other person or agent in control of said property, upon receipt of notice in writing from the Building Official shall, • within the period specified, correct such conditions in accordance with the requirements and conditions set forth in such notice so as to eliminate the hazard and be in conformance of the hazards abatement section of the Uniform Code for the Abatement of Dangerous Buildings, as adopted by the City of Newport Beach. 15.10.050 Definitions. For the purposes of this chapter, the definitions listed hereunder shall be construed as specified in this section. "Approval" means a written, civil engineering or geological opinion concerning the satisfactory progress and completion of the work. "As- graded" means the topographic surface at completion of grading. "Bedrock" is in place of solid rock. "Bench" means a relatively level step excavated into earth material on which . fill is to be placed. "Borrow" means earth material acquired from off -site location for use in grading on a site. 28 • "Civil engineer" means a professional engineer in the branch of civil engineering holding a valid certification of registration, issued by the State of California. "Civil engineering" means the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works or the beneficial uses of mankind. "Clearing, brushing and grubbing" means the removal of vegetation (grass, brush, trees and similar plant types or root systems) by mechanical means. "Compaction" means the densification of a fill by mechanical means. "Earth material" means any rock, natural soil or fill and/or any combination thereof. "Engineering geologist" means a professional geologist registered in the State • of California as a geologist and certified by the State of California as a geologist and certified by the State of California to practice engineering geology in the field of civil works. "Erosion" means the wearing away of the ground surface as a result of the movement of wind, water and/or ice. "Excavation" means the mechanical removal of earth material. "Fill" means a deposit of earth material placed by artificial means. "Grade" means the vertical location of they ground surface. "Grading" means to bring an existing surface to a designed form by cutting, filling and/or smoothing operations. "Rough grade" means the stage at which the grade approximately conforms to the approved plan. • "Finish grade" means the final grade of the site which conforms to the approved plan. 29 • "Grading contractor" means a contractor licensed and regulated by the State of California who specializes in grading work or is otherwise licensed to do grading work. "Key" means designed and compacted fill. placed in a trench excavated in earth material beneath the toe of a proposed fill slope. "Landslide" means the downward and outward movement of soil, rock or fill or a combination thereof, or the resultant materials from such movement. "Massive landslide" means a landslide too large to be stabilized by retaining methods or normal control methods. "Permit" means any permit issued pursuant to this Code, together with the application for the same, the conditions upon which it was issued, together with any plans, specifications, reports and approved modifications pertaining thereto. . " Permittee" means the owner or his authorized agent to whom a grading permit is issued. "Sediment" means the material derived by erosion carried by an agent of erosion. "Site" means any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted. "Slope" means an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. "Soil" means naturally occurring surficial deposits overlying bedrock. "Soil engineer" means a civil engineer with training and experience in soil mechanics who specializes in the practice of soils and foundation engineering. "Soil engineering" means the application of the principles of soil mechanics in • the investigation, testing, evaluation and design of civil works involving the use of earth materials and the evaluation, inspection and testing of the construction thereof. 30 • "Terrace" means a relatively level step constructed in the face of a grade slope surface for drainage and maintenance purposes. "Tract" means a subdivision of land containing five or more lots. 15.10.060 Grading Permit Requirements. A. Permits Required. Except as exempted in Section 15.10.030 of this Code, no person shall do any grading without first obtaining a permit from the Building Official. A separate permit shall be required for each site and may cover excavation, fills and paving. B. Application. The provisions of Section 302.1 of the Administrative Code are applicable to grading. C. Plans and Specifications. When required by the Building Official, each • application for a grading permit or building permit shall be accompanied by two sets of plans and specifications, and supporting data consisting of soil engineering and engineering geology report, or other needed. documents. The plans and specifications shall be prepared and signed by a. civil engineer when required by the Building Official. Within the Newport Bay drainage catchment area, a grading and erosion control plan is required unless waived in writing by the Building Official. D. Information on Plans and in Specifications. Plans shall be drawn to scale upon substantial paper and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this Code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the location of the work and the name and address of the owner, the person by whom they were prepared, and where required, the name(s) and address(es) of professional person(s) or firm(s) related to the • project. The plan shall include the following information: 31 • 1. General vicinity of the proposed site; 2. Property limits, permit area limits, accurate contours of existing ground, details of terrain, and area drainage; 3. Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction. In a flood plane zone, information concerning habitable floor elevations and flood protection designs shall be included; 4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be construction with, or as a part of the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drains; 5. Detailed plans for temporary (during construction) and/or permanent • sediment and pollution control facilities. The Building Official may require the inclusion of pollutant traps on the plans and specifications to intercept pollutants draining from the project; 6. Detailed plans for temporary (during construction) and/or permanent sediment and erosion control facilities; 7. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures or slopes on land of adjacent owners which are within fifteen (15) ft. of the property or which may be affected by the proposed grading operations; 8. Any additional plans, drawings, calculations, environmental impact information, or other reports required by the Building Official. If the grading project includes the movement of earth material to or from the site, the Building Official • may require a description of the haul route to be submitted for approval. E. Soil Engineering Report. The soil engineering report required by subsection (C) of this section shall include data regarding the nature, distribution, 32 • strength consolidation characteristics of existing soils, conclusions and recommendations for grading procedures, and design criteria for corrective measures when necessary, and opinions and recommendations covering adequacy of sites to be developed by the proposed grading. These listings shall not be interpreted to prevent the Building Official from requiring other information required to produce a safe and stable condition. Recommendations included in the report: and approved by the Building Official shall be incorporated into the grading plans or specifications. F. Engineering Geology Report. The engineering geology report required by subsection (C) of this section shall include an adequate description of the geology of the site, including necessary maps and illustrations showing geographic distribution of the features described related to the proposed development, • conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading. Recommendations included in the report and approved by the Building Official shall be incorporated into the grading plans and specifications. G. Issuance. The provisions of Section 303 of the Administrative Code are applicable to grading permits. The Building Official may require that grading operations and project designs be modified to provide for erosion control, including erosion protection devices, if project completion will extend into the rainy season (October 15th through May 15th) or if delays occur which incur weather - generated problems. The plans shall list specific dates for completion of erosion control measures, and further subject to the provisions of Section 15.10.170. • H. Transport of Earth From or To the Project Site. All earth materials which are moved on public roadways from or to the site of an earth grading operation, the following requirements shall apply: 33 • 1. Either water or dust palliative, or both, must be applied for the alleviation or prevention of excessive dust resulting from the loading or transportation of earth from or to the project site on public roadways. The permittee shall maintain all public right -of -ways used as haul routes free of debris and soil. 2. Loading and transportation of earth from or to the site is subject to the requirements of Section 10.28.040 of this Code; 3. Access road to the premises shall be only at points designated on the approved grading plan; 4. The last fifty (50) feet of the access road, as it approaches the intersection with the public roadway, shall have a grade not to exceed three percent. There must be a 300 (three - hundred) ft. clear, unobstructed sight distance to the intersection from both the public roadway and access road. If the three • hundred (300) feet sight distance cannot be obtained, the permittee shall post flagmen as required for traffic safety; 5. A stop sign conforming to the requirements of Section 21400 of the California Vehicle Code shall be posted at the entrance of the access road to the public roadway; 6. An advance warning sign must be posted on the public roadway four hundred (400) feet on either side of an access intersection carrying the words "truck crossing." The sign shall be a diamond shape, each side being thirty (30) inches in length, shall have a yellow background, and the letters thereon shall be placed six (6) feet from the edge of the pavement and the base of the sign shall be five (5) feet above the pavement level. The advance warning sign shall be covered or removed when the access intersection is not in use. • 15.10.065 Drainage Permits. 34 • A. Where the Building Official determines that existing or proposed construction may alter or has altered drainage conditions so as to create an adverse or dangerous condition, or where existing drainage conditions result in an adverse or dangerous condition, he may require a drainage permit to be obtained for the purpose of preventing or eliminating the adverse or dangerous conditions and require corrective work to be accomplished. B. Application. The application shall be the same form as the grading permit, and shall state that the purpose is for drainage alterations. C. Plans and Specifications. Plans may be required accurately showing the existing conditions and proposed alterations in sufficient detail to make a determination concerning the conformance to this Code of the proposed alterations. Inspection only may be required by the Building Official where the alterations are • of a minor nature. D. Conditions. In granting any permit under this chapter, the Building Official may attach such conditions thereto as may be reasonable and necessary to prevent danger to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create any unnecessary nuisance. 15.10.070 Fees. A. Grading Plan Review Fees. Before accepting a set of plans and specifications for checking, the Building Official shall collect a plan checking fee. Separate permits and fees shall apply to retaining walls over three feet in height and additional fees shall be collected for pavement and drainage collection, stabilization and erosion protection devices not exempted in accordance with this • Code. There shall be no separate charge for standard terrace drains, standard subdrains, temporary erosions or sediment control devices or similar facilities. For kill • excavation and fill on the same site, the fee shall be based on the volume of the excavation or fill, whichever is greater. These :fees shall be established by resolution of the City Council. B. Drainage Plan Review Fees. The Building Official may charge plan review fees if, in his opinion, the proposed drainage alterations are sufficient in extent to require more than field inspection to ensure code conformance. These fees shall be established by resolution of the City Council. C. Grading Permit Fees. The grading permit fees shall be based on the volume of excavation or fill whichever is greater or on the estimated valuation of retaining walls for which no separate permit is required, combined with the estimated valuation of any commercial or industrial paving, drainage collection, stabilization and erosion control devices not exempted by this Code. These fees shall • be established by resolution by the City Council. D. Drainage Permit Fees. Fees for drainage permits shall be established by resolution by the City Council. When drainage plans are required for a proposed structure, additional fees for plan checking shall be paid at the time of submitting the application. These fees shall be established by resolution by the City Council. 15.10.080 Bonds. The Building Official may require bonds in such form and amounts as may be deemed necessary to assure 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 bond or instrument of • credit with the Building Official in an amount equal to that which would be required in the surety bond. 36 • 15.10.090 Cuts. A. General. Unless otherwise approved by the Building Official and recommended in the approved soil engineering and/or engineering geology report, cuts shall conform to the provisions of this section. B. Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use. Cut slopes shall be no steeper than two horizontal to one vertical. C. Drainage and Terracing. Drainage and terracing shall be provided as required by Section 15.10.120. 15.10.100 Fills. A. General. Unless otherwise approved by the Building Official and recommended in the approved soil engineering report, these provisions may be waived for minor fills not intended to support structures, provided such fills are isprotected against soil erosion in the Newport Bay drainage catchment area. 1. Exceptions. a. Fills excepted in Section 15.10.030 and where the Building Official determines that compaction is not a necessary safety measure to aid in preventing saturation, settlement, slipping or erosion of the fill; b. Where lower density and expansive types of soil exist, then permission for lesser compaction may be granted by the Building Official, upon showing of good cause under the conditions provided herein. B. Fill Location. Fill slopes shall not be constructed on natural slopes steeper than two horizontal to one vertical. C. Preparation of Ground. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other unsuitable • materials, scarifying to provide a bond with the new fill, and, where slopes are steeper than five horizontal to one vertical, and the height is greater than five feet, 37 • by bending into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than five horizontal to one vertical shall be at least ten feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. Where fill is to be placed over a cut, the bench under the toe of fill shall be at least ten feet wide but the cut must be made before placing fill and approved by the soils engineer and engineering geologist as a suitable foundation for fill. Unsuitable soil is soil which, in the opinion of the Building Official, civil engineer, soils engineer or geologist, is not competent to support other soil or fill, to support structures, or to satisfactorily perform the other functions for which the soil is intended. The final report and approval by the soils engineer shall describe the limits • and extent of the removal of unsuitable materials including a description of the criteria used for determination of the suitable material. D. Fill Material. Earth materials which have not more than minor amounts of organic substances and have no rock or similar irreducible material with a maximum dimension greater than eight inches shall be used.. 1. EXCEPTIONS. The Building Official may permit placement of a larger rock when the soils engineer properly devises a method of placement, continuously inspects its placement, and approves the fill stability. The following conditions shall also apply: a. Prior to the issuance of the grading permit, potential rock disposal area(s) shall be delineated on the grading plan. b. Rock sizes greater than eight inches in maximum dimension shall be ten feet more below grade, measured vertically. •C. Rocks greater than eight inches shall be placed so as to be completely surrounded by fine grained soils; no nesting of rocks will be permitted. 38 • E. Compaction. All fills shall be compacted to a minimum of ninety (90) percent of maximum density as determined by ASTM D1557 -70 or a more restrictive standard if recommended in the approved soils engineering reports. Field density shall be determined as approved by the Building Official. The Building Official may require tests of the compressibility and anticipated fill settlement characteristics where more than ten feet of fill is to be placed. The final report and approval by the soils engineer shall contain the type of field testing performed. Each test shall be identified, located, and the method of obtaining the in -place density shall be noted. Sufficient maximum density determinations by test method ASTM D1557 -70 or other approved method, shall be performed during the grading operations to verify the accuracy of the maximum density curves used by the soils engineer. • F. Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than two horizontal to one vertical. 1. EXCEPTION. The Building Official may authorize a fill to be constructed with an exposed surface steeper than two horizontal to one vertical when he finds the applicant has submitted a soil engineer's report recommending such steeper slope. Such report shall include sufficient soil test data and other information to substantiate slope stability and safety when saturated, and shall include an evaluation of the creep characteristics of the soils and surficial stability. G. Drainage and Terracing. Drainage and terracing shall be provided and the area above fill slopes and the surface of terraces shall be graded and paved as required by Section 15.10.120. H. Utility Line Backfill. All backfill in utility line trenches both inside and outside of the building shall be compacted and tested in compliance with • subsection (E) of this section, and the soils engineer shall observe, test and render an opinion to the Building Official as to whether this backfilling has been 39 • satisfactorily accomplished. Alternate methods of filling and reduced compaction requirements may be applied on certain projects when specified by the soils engineer and approved by the Building Official. 1. EXCEPTION. On single lot projects where no soils engineer was required during grading of the site, the Building Official may waive tested compaction and allow the use of approved material which is relatively self - compacting. This material and the method of placement must be approved prior to backfilling, and trenches utilizing this material must cross foundations at right angles or be located outside a one horizontal to one vertical plane extending from the nearest point of the foundation to the bottom of the trench. 15.10.110 Setbacks. A. General. The setbacks and other restrictions specified by this section • are minimum and may be increased by the Building Official or by the recommendation of a civil engineer, soils engineer or engineering geologist, if necessary for safety and stability or to prevent damage of adjacent properties from deposition, erosion, or to provide access for slope maintenance and drainage. Retaining walls may be used to reduce the required setbacks when approved by the Building Official. Where natural slopes are involved, setbacks shall be interpreted to include a two to one setback plane unless specifically contradicted in the approved reports. B. Setbacks from Property Lines. The tops of cuts and toes of fill slopes shall be set back from the outer boundaries of the permit area, including slope right -of -way and easements, in accordance with Figure No. 1 and Table A. • Ell] • • TABLE — A H (FF) SETBACKS Under 5 0 7 5-30 H/2 H/2 Over 30 15 15 FIGURE NCI. 1 TOE OF Pt, SLOPE NATURAL OR F3NISH GRADE H TOP PL OF I SLOPE I I b � ATURAL SLOPE PL= PROPERTY LINE 1. If the drainage is carried on this side in an unimproved earth swale, the setback from the top of slope (or berm) to the face of the building or projection thereof is seven feet. This may be reduced to the tabular value if an improved drainage device is used. 41 • 2. If the slope is flatter than five horizontal to one vertical, the setback required is two feet. 3. The tabular valves may be enforced for natural slope conditions as determined by the Building Official. 15.10.120 Drainage and Terracing. A. General. Unless otherwise indicated on the approved grading plan, drainage facilities and terracing shall conform to the provision of this section. B. Terrace. Terraces at least six feet in width shall be established at not more than thirty (30) foot vertical intervals to control surface drainage and debris. Suitable access shall be provided to permit proper cleaning and maintenance. Swales or ditches on terraces shall have a minimum gradient of six percent and must be paved with reinforced concrete not; less than three inches in thickness • or an approved equal paving. They shall have a minimum depth at the deepest point of eighteen (18) inches and a minimum paved width of five feet. A single run of swale or ditch shall not collect runoff from a tributary area exceeding thirteen thousand five hundred (13,500) square feet (projected) without discharging into a down drain. C. Subsurface Drainage. Cut and fill. slopes shall be provided with subsurface drainage as necessary for stability. Unless waived by the Building Official, all canyons shall be provided with subsurface drainage. Material and methods used in subsurface drainage designs shall be approved by the Building Official. D. Disposal. All drainage facilities and grading shall be designed to carry concentrated and surface sheet flow waters to the nearest practical drainage way • approved by the Building Official and/or other appropriate jurisdiction as a safe place to deposit such waters. All buried pipe shall be constructed of corrosion - resistant material. If drainage facilities discharge onto natural round, riprap or 42 • conversion to sheet flow may be required. Building pads shall have a drainage gradient of two percent toward approved drainage facilities, unless waived by the Building Official. 1. EXCEPTION. The gradient from the building pad may be one percent if all the following conditions exist throughout the permit area: a. No proposed fills are greater than ten feet in maximum depth; b. No proposed finish cut or fill slope faces have a vertical height in excess of ten feet; C. No existing slope faces, which have a slope face steeper than ten horizontally to one vertically, have a vertical height in excess of ten feet. E. Drainage Standards. Drainage standards -in non -hilly areas shall conform to the following minimum standards: • Commercial Residential 1. Rough Grade Minimum Gradient a. Earth at rough grade stage 0.5% 1.0% 2. Finished Grade a Earth 1.0% 2.0% b. Asphalt pavement (sheet flow) 1.0% 1.0% C. Concrete drain in earth area 0.5% 0.5% d. Concrete gutter in asphalt paved area. 0.2% 0.5% 3. In parking lot design, access shall be provided to entrances and exits • for pedestrian traffic not affected by concrete flow. 4. Penetration of landscape irrigation water under pavement shall be mitigated through the design process. 43 • 15.10.130 Erosion Control. A. Slopes. The faces of cut and fill slopes shall be prepared and maintained to control against erosion. This control may consist of effective planting. The protection for the slopes shall be installed as soon as practical. The Building Official may require planting and irrigation systems to be installed prior to rough grade approval, and such systems shall be installed prior to final approval. Slope irrigation for tracts may be required to be controlled by automatic systems equipped with an override keyed to continuous soil moisture measurement devices; other projects may be required to have such systems if adverse ground water conditions exist which may be worsened by landscape irrigation where cut slopes are not subject to erosion due to the erosion - resistant character of the materials. Such protection may be omitted if specifically waived by the Building • Official. Planting materials and maintenance schedules shall be approved by the Building Official. To assure that cuts and fill slopes will be effectively planted, the preparation and planting should be designed by an experienced landscape planner. Each bank should be planted upon its completion and all planting must be maintained in growing condition for at least two years or until accepted by the Building Official. B. Pads. Pads should be prepared and maintained to control erosion in the same manner as required for slopes. The Building Official may waive the requirement for planting on pads when construction has commenced within ten days of the completion of the grading. C. Other Devices. Where necessary, check dams, cribbing, riprap, or other devices or methods shall be employed to control erosion and provide safety. Absence • of specific measures on the plans shall be accompanied by a statement on the plans by the Building Official that none are needed. 44 • D. Permanent desilting facilities may be required by the Building Official where undue siltation of Newport Bay may result. E. Minimum size of temporary basins shall be established by the uniform soil loss equation. If all weather cleanout capability in the basin is not provided, greater capacity will be required. F. Both sheet flow and concentrated flow areas shall be considered in design of erosion control system. In addition, sediment control shall include provisions for both low flow volume as well as intense rainfall conditions. G. Erosion control shall be coordinated with sites contiguous to the permit area to achieve effective control. 15.10.140 Grading Inspection. A. General. All grading operations for which a permit is required shall be • subject to inspection by the Building Official. When required by the Building Official, special inspection of grading operations and special testing shall be performed in accordance with the provisions of Section 306 of the Administrative Code and subsection (D) of this section. Erosion control devices shall be installed, inspected and approved by the Building Official prior to the rainy season (October 15th through May 15th). B. Grading Designation. Grading in commercial and industrial areas, tracts, or potentially hazardous areas and all grading in excess of five thousand cubic yards shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as "engineered grading." Grading involving less than five thousand cubic yards shall be designated "regular grading' unless the permittee, with the approval of the Building Official, chooses to • have the grading performed as "engineered grading." The Building Official may 45 • require a survey at the completion of regular grading to ensure compliance with drainage requirements. C. Engineered Grading Requirements. For engineered grading, it shall be the responsibility of the civil engineer who prepares the approved grading plan to incorporate all recommendations from the soil engineering and engineering geology reports into the grading plan. He shall also be responsible for the professional inspection and approval of the grading within his area of technical specialty. This responsibility shall include, but need not be limited to, inspection and approval as to the establishment of line, grade and drainage of the development area. The civil engineer shall act as the coordinating agent in the event the need arises for liaison between the other professionals, the contractor and the Building Official. The civil engineer shall also be responsible for the preparation of revised plans and the • submission of as- graded plans upon completion. of the work. The grading contractor shall submit, on a form prescribed by the Building Official, a statement of compliance to said as- graded plan. Soil engineering and engineering geology reports shall be required as specified in Section 15.10.060. During grading all necessary reports, compaction data, soil engineering and engineering geology recommendations shall be submitted to the civil engineer and the Building Official by the soil engineer and the engineering geologist. The soil engineer's area of responsibility shall include, but need not be limited to, the professional inspection and approval concerning the preparation of ground to receive fills, testing for required compaction, stability of all finish slopes, and the design of buttress fills, where required, incorporating the data supplied by • the engineering geologist. The engineering geologist's area of responsibility shall include, but need not be limited to, professional inspection and written approval of the adequacy of 46 • natural ground for receiving fills, the stability of cut slopes with respect to geological matters, and the need for subdrains or other ground water drainage devices. He shall report his findings to the soils engineer and the civil engineer for engineering analysis. The Building Official shall inspect the project at the various stages of the work requiring certification and at any other time deemed necessary to determine that adequate control is being exercised by the professional consultants. D. Regular Grading Requirements. The Building Official may require inspection and testing by a qualified soil engineer. The soil engineer's responsibility shall include, but need not be limited to, approval concerning the inspection of cleared areas and benches to receive fill, and the compaction fills. • When the Building Official has cause to believe that geologic factors may be involved, the grading operations will be required to conform to engineering grading requirements. E. Notification of Noncompliance. If, in the course of fulfilling their responsibility under this section, the civil engineer, the soil engineer, the engineering geologist, or the test agency finds that the work is not being done in conformance with this section or the approved grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the Building Official. Recommendations for corrective measures, if necessary, shall be submitted. F. Transfer of Responsibility for Approval. If the civil engineer, the soils engineer, the engineering geologist, or the contractor are changed during the • grading, then work shall be stopped until: 47 • 1. The owner submits a letter of notification verifying the change of the responsible professional, with a copy so noted, to be sent to the prior responsible professional; and 2. The new responsible professional submits in writing, that he assumes all responsibility within his area of expertise as of a specified date. Also, he must state he has reviewed all prior reports and/or plans (specified by date and title) and work performed, or by the previous responsible person; concurs with the former findings, conclusions and recommendations, and is satisfied with the work performed provides recommendations for the required remedial work necessary for his acceptance. All exceptions must be justified. G. Site Inspection by the Building Official. 1. Site Inspection and Pre - Inspection. Prior to the approval of any • building or grading plans and specifications, the Building Official may inspect the site to determine that the plans and specifications are current and reflect existing conditions. 2. Inspection of Excavation and Fills. The permittee or his agent shall notify the Building Official when the grading operation is ready for each of the following inspections: a. Pre - Grading Inspection. When the permittee is ready to begin work, but not less than two (2) days before any grading or brushing is started; b. Toe Inspection. After the natural ground or bedrock is exposed and prepared to receive fill, but before fill is placed; C. Excavation Inspection. After the excavation is started, but before fill is placed; • d. Fill Inspection. After the fill placement is started, but before the vertical height of the fill exceeds ten (10) feet; 48 • e. Drainage Device Inspection. After forming of terrace drains, or after placement of pipe in subdrains, but before any concrete or filter material is placed; f. Rough Grading. When all rough grading has been completed. This inspection may be called for at the completion of rough grading without the necessity of the Building Official having previously reviewed and approved the reports; g. Final. When all work, including installation of all drainage structures and other protective devices has been completed and the as- graded plan, professional written approval, and the required reports have been submitted. 3. Revised Grading Plan. If the Building Official finds the soil or other conditions not as stated in the application for a grading permit, he may refuse to approve further work until approval is obtained for a revised grading plan which will conform to the existing conditions. . 4. Investigation Fees: Work without permit. The provisions of Section 304.5 of the Administrative Code shall apply to all grading work being done without a permit and whenever the Building Official determines that the work does not comply with the terms of the permit or this code, or that the soils or other conditions are not as stated in this permit, he may order the immediate cessation of all work thereunder, and such work shall cease until such corrections shall be complied with. 5. Prior to foundation excavation, rough grading shall be completed to the satisfaction of the responsible engineers, engineering geologist, and the Building Official unless otherwise approved by the Building Official. 6. Whenever any work on which inspections are required is covered or concealed by additional work without first having been inspected, the Building • Official shall require, by written notice, that such work be exposed for examination. The work of exposing and recovering shall not entail or be subject to expense by the City of Newport Beach, and shall be the sole expense of the permittee. 49 • 7. Authority to Stop Work. Whenever any building work or grading is being done contrary to the provisions of this Code or approved drawings, the Building Official may order the work stopped by notice in writing, served on any persons engaged in the doing or causing of such work to be done. Any such persons shall forthwith stop such work until authorized. by the Building Official to proceed with the work. Chapter 2 of the Uniform Administrative Code shall be construed to apply to grading work. 15.10.150 Notification of Completion. A. Final Reports. Upon completion of the rough grading work and at the final completion of the work, the Building Official may require the following reports, drawings, and supplements thereto. An as- graded grading plan prepared by the civil engineer, including . original ground surface elevations, lot drainage patterns and locations, and elevations of all surface and subsurface drainage facilities. He shall provide written approval that the work was done in accordance with the final approved grading plans. 2. A soil grading report prepared by the soils engineer, including locations and elevations of field density trees, summaries of field and laboratory tests and other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the soils engineering investigation report. He shall provide written approval as the adequacy of the site for the intended use. 3. A geologic grading report prepared. by the engineering geologist, including a final description of the geology of the site, including any new • information disclosed during the grading, and the effect of same on recommendations incorporated in the approved grading plan. He shall provide 50 • written approval as the adequacy of the site for the intended use as affected by geologic factors. B. Notification of Completion. The permittee or his agent shall notify the Building Official when the grading operation is ready for final inspection. Final approval shall not be given 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 have been submitted. The permittee or his agent shall also furnish evidence to the Building Official that all slopes, debris basins or other erosion control devices will be maintained. Temporary devices shall be removed prior to completion. 15.10.160 Alternate Methods. The provisions of this chapter are not intended to prevent the use of any • material or method of construction not specifically prescribed, provided any such alternate has been approved pursuant to this chapter. The Building Official may approve any such alternate provided he finds that the proposed design is satisfactory and complies with the provisions of this chapter and that the material, method or work offered :is for the purpose intended at least the equivalent of that prescribed in this chapter in quality, strength, effectiveness and safety. The Building Official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. Whenever there is insufficient evidence of compliance with the provisions of this chapter or evidence that any material or any construction does not conform to the requirements of this Code, or in order to substantiate claims for alternate • material or methods of construction, the Building Official may require tests by an approved agency as proof of compliance to be made at the expense of the owner or his agent. 51 • Test methods shall be as specified by this chapter for the material in question. If there are not appropriate test methods specified in this chapter, the Building Official shall approve the test procedure. Copies of the results of all such tests shall be retained for a period of not less than two years after the acceptance of the grading. 15.10.170 Denial of Permit. A. Hazardous Grading. The Building Official shall not issue a permit in any case where he finds that the work as proposed by the applicant is liable to constitute a hazard to the public welfare, endanger life or any private property, result in the deposition of debris on any public way, interfere with any existing drainage course, or cause any excess siltation in any natural river, stream, drainage course, or in Newport Bay. • B. Geological or Flood Hazard. If, in the opinion of the Building Official, the land area for which grading is proposed is subject to geological or flood hazards to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property, the grading permit and the building permits for habitable structures shall be denied. C. Environmental Effect, Mitigation. The Building Official may require plans and specifications to be modified in order to mitigate anticipated adverse environmental effects at proposed grading projects and he may, under circumstances where significant adverse effects of a proposed grading project cannot be mitigated, deny the issuance of a grading permit. When a categorical exemption is not appropriate for a site of proposed grading; work, the City shall cause to be prepared an initial study, which shall be submitted to the Building Official. If the • initial study shows that no significant adverse environmental effects will result from the project, a negative declaration may be issued. The Building Official shall 52 • cause the site to be posted and the members of the City Council notified regarding the issuance of the negative declaration. Appeal of the Building Official's determination to issue a negative declaration shall be set forth in the State EIR Guidelines, Title 14, Section 15000 et seq., California Administrative Code. The Building Official may charge a fee to a permit applicant for the preparation and processing of environmental documentation. 15.10.180 Placing Excavated Material. A. Unauthorized Dumping Prohibited. No person shall dump, move or place any earth, sand, gravel, rock, stone, construction debris, or other excavated material so as to cause the same to be deposited upon or to roll, flow or wash upon or over any public place or way, or upon or over the premises of another without the express consent of the owner of each such premises so affected. Such consent shall • be in writing and in a form acceptable to the Building Official. B. Removal of Misplaced Material. When unauthorized dumping as described in subsection (A) of this section occurs, the person responsible for the dumping, or the permittee, shall remove the material within forty -eight (48) hours. In case of noncompliance, the Building Director may order removal, and the cost of such removal shall be paid to the City by the person who failed to remove the material, or by the permittee. 15.10.190 Denuding Natural Ground Cover. Except for a written order of the Fire Marshal, no person shall denude and destroy the natural cover of any watershed except for the immediate use of the denuded area for construction or reconstruction purposes. SECTION 9. That if any section, subsection, sentence, clause or phrase of • this ordinance is, for any reason, held to tie invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this 53 • ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 10. This Ordinance shall', be published once in the official newspaper of the City and the same shall be effective July 1, 1999. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 14th (Jay of June 1999, and was adopted on the 14th day of June , 1991), by the following vote to wit: AYES, COUNCIL MEMBERS Adams, Glover, Debay, Ridgeway, Noyes, Mayor O'Neil • NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS Thomson • MAYOR 54 • ATTEST: No Ite- 2-1/ • • • • STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 99 -14 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council as an urgency ordinance, duly and regularly held on the 14th day of June, 1999, and that the same was so passed and adopted by the following vote, to wit: Ayes: Adams, Glover, Debay, Ridgeway, Noyes, Mayor O'Neil Noes: None Absent: Thomson Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 15th day of June, 1999. (See City Clerk of the City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF NEWPORT BEACH ) I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 99 -14 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: June 19, 1999. In witness whereof, I have hereunto subscribed my name this day of • �(� '1999. 64k,m. h zQ0 City Clerk of the City of Newport Beach, California