Loading...
HomeMy WebLinkAbout2002-20 - Amending Chapters 15.04, 15.05, 15.06, 15.08, 15.09, 15.10, 15.15, 15.50 and 15.60 of Title 15 of the NBMC to Adopt the 2001 Edition of the California Building Code, the 2001 Edition of the California Mechanical Code, the 2001 Edition of the CalORDINANCE NO. 2002-20 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTERS 15.04, 15.05, 15.06, 15.08, 15.09, 15.10, 15.15, 15.50 AND 15.60 OF TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE 2001 EDITION OF THE CALIFORNIA BUILDING CODE, THE 2001 EDITION OF THE CALIFORNIA MECHANICAL CODE, THE 2001 EDITION OF THE CALIFORNIA ELECTRICAL CODE, THE 2001 EDITION OF THE CALIFORNIA PLUMBING CODE, AND TO AMEND THE SWIM[ IING POOL CODE, THE EXCAVATION AND GRADING CODE, RESIDENTIAL BUILDING REPORT CHAPTER, FLOOD DAMAGE PREVENTION CHAPTER, AND CONSTRUCTION SITE CLEANUP CHAPTER. The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Chapter 15.04 of the Newport Beach Municipal Code is amended to read: Sections: Chapter 15.04 BUILDING CODE 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 Amendment to Section 904.2.1 15.04.050 Amendment to Subsection 5 and addition of Subsection 6 to Section 904.2.2. 15.04.060 Amendment to Section 1005.3.3.7 15.04.070 Amendment to Table 15 -A 15.04.080 Amendment to Section 1612.2.1 15.04.090 Amendment to Section 1629.4.2 15.04.100 Amendment to Section 1630.8.2.2 15.04.110 Amendment to Section 1900.4.4 15.04.120 Amendment to Sections 1922.10 15.04.130 Amendment to Section 2205.3 15.04.140 Amendment to Divisions IV and V of Chapter 22 15.04.150 Amendment to Appendix Chapter 4, Division California Building Code 1 1, of the 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 2001 edition of the California Building Code based on the 1997 Uniform Building Code, including Appendix Chapters A3 Division II, A4, Al2, A15, A16 Division II and IV, A18, A29, A31 Division I, II and III, and 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 2001 Edition of the California Building Code, Volumes 1 and 2, 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 2001 California Building Code Volumes 1 and 2, 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 California Building Code. Chapter 1 of the California 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. W SECTION 403.1.1 [For SFM] 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. 2.3 Floors of buildings used exclusively as open parking garages and located above all otherfloors used forhuman occupancy. 2.4 Buildings such as power plants, lookout towers, steeples, grain houses and similar structures with non - continuous human occupancy, when so determined by the enforcing official. 2.5 Buildings used exclusively for jails and prisons. 15.04.040 Amendment 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 as defined in Section 207 of the code, regardless of area separation walls or allowable area, exceeds 5,000 square feet (465 m2). 91 EXCEPTION: For R -3 occupancies the floor area is the area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. [For SFM] For special provisions on hazardous chemicals and magnesium, and calcium carbide, see the Fire Code. For provisions on special hazards and hazardous materials, see the Fire Code. In all existing structures not equipped with an automatic fire extinguishing system, when additions cause the structure to exceed 5,000 square feet (465 m2) 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. 15.04.050 Amendment to Section 904.2.2. Subsection 5 of Section 904.2.2 is amended and subsection 6 is added to the Building Code to read as follows: SECTION 904.2.2 5. Throughout all buildings having floors located more than 40 feet (12,192 mm) above the lowest level of fire department vehicle access. EXCEPTIONS: 1. Airport control towers. 2. Open parking structures. 3. Group F, Division 2 Occupancies. 6. In all existing structures not equipped with an automatic fire extinguishing system that exceed 5,000 square feet (465 m2), the following provisions shall apply. A. When additions are 1,250 square feet (116 m 2 ) or less, the existing structure and the addition need not be equipped with an automatic sprinkler system. 4 B. When additions exceed 1,250 square feet (116 m2), but are less than 2,500 square feet (232 m2), the addition shall be equipped with an automatic sprinkler system. C. When additions are 2,500 square feet (232 m2) 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 Section 1005.3.3.7 Section 1005.3.3.7 is amended to read as follows: SECTION 1005.3.37 Pressurized Enclosures. In a building having a floor level used for human occupancy located more than 55 feet (16,674 mm) above the lowest level of fire department vehicle access, all required exit enclosures shall be pressurized in accordance with Section 905 and this section. Pressurization shall occur automatically upon activation of an approved fire alarm system. EXCEPTION: If the building is not equipped with a fire alarm system, pressurization shall be upon activation of a spot -type smoke detector listed for releasing service located within 5 feet (1,524 mm) of each vestibule entry. A controlled relief vent capable of discharging a minimum of 2,500 cubic feet per minute (1180 Us) of air at the design pressure difference shall be located in the upper portion of such pressurized exit enclosures. 15.04.070 Amendment to Table 15 -A. Table 15 -A of the Building Code is amended to read as follows: 5 TABLE NO. 15-A MINIMUM ROOF CLASSIFICATION(3) ass A Roofing B - Class B Roofing C - Class C Roofing F.R. — Fire Resistive Construction H.T. — Heavy Timber Construction 1 HR —1 Hour Rated Construction - Occupancy not permitted in this type of construction. TYPES OF • • mew ©tee ®�® eesasessa eesasasea { eese�s��e eesesese� eese�s��e eeseseese eese�e��e eeseseese . , . eeseseese eeseseese ee�a�sasa eese�s��e eese�e��e { eeseseese esee�e��s . eesesses� eeseseese eeseseese ass A Roofing B - Class B Roofing C - Class C Roofing F.R. — Fire Resistive Construction H.T. — Heavy Timber Construction 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 (557M2) of projected roof area and where there is a minimum of 10 feet (3,048 mm) 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. 15.04.080 Amendment to Section 1612.2.1 Section 1612.2.1 of the Building Code is amended to read as follows: SECTION 1612.2.1 Basic load combinations. Where Load and Resistance Factor Design (Strength Design) is used, structures and all portions thereof shall resist the most critical effects from the following: Combinations of factored loads: 14D (12 -1) 1.2D + 1.6L + 0.5 (L, or S) (12 -2) 1.2D + 1.6 (L, or S) + (f, L or 0.8 Wj (12 -3) 1.2D + 13W + (f, L + 0.5 (L, or S) (12-4) 1.2D + 1.0E + (fl L + fZ S) (12 -5) 0.9D ± (1.0pEh or 13M (12 -6) WHERE: f1= 1.0 for floors in places of public assembly, for live loads in excess of 100 psf (4.9 kN /m2 ), and for garage live load = 0.5 for other live loads. f2= 0.7 for roof configurations (such as saw tooth) that do not shed snow off the structure. = 0.2 for other roof configurations. 7 EXCEPTIONS: 1. Factored load combinations for concrete per Section 1909.2 where load combinations do not include seismic forces. 2. Where other factored load combinations are specifically required by the provisions of this code. 15.04.090 Amendment to Section 1629.4.2 Section 1629.4.2 of the Building Code is amended to read as follows: SECTION 1629.4.2 Seismic Zone 4 near- source factor. In Seismic Zone 4, each site shall be assigned a near- source factor in accordance with Table 16 -8 and the Seismic Source Type set forth in Table 16 -U. The value of N, used in determining Co need not exceed 1.1 for structures complying with all the following conditions: 1. The soil profile type is SA, SB, Sc or SD. 2. A= 1.0. 3. Except in single -story structures, Group R, Division 3 and Group U, Division 1 Occupancies, moment frame systems designated, as part of the lateral- force - resisting system shall be special moment - resisting frames. 4. The provisions in Sections 9.6a and 9.6b of AISC - Seismic Part I shall not apply, except for columns in one -story buildings or columns at the top story of multistory buildings. 5. None of the following structural irregularities is present: Type 1, 4 or 5 of Table 16 -L, and Type 1 or 4 of Table 16 -M. 15.04.100 Amendment to Section 1630.8.2.2 Section 1630.8.2.2 of Title 26 of the California Building Code is amended to read as follows: SECTION 1630.8.2.2 Detailing requirements in Seismic Zones 3 and 4. In Seismic Zones 3 and 4, elements supporting discontinuous systems shall meet the following detailing or member limitations: 91 1. Reinforced concrete or reinforced masonry elements designed primarily as axial- load members shall comply with Section 1921.4.4.5. 2. Reinforced concrete elements designed primarily as flexural members and supporting other than light -frame wood shear wall systems or light -frame steel and wood structural panel shear wall systems shall comply with Sections 1921.3.2 and 1921.3.3. Strength computations for portions of slabs designed as supporting elements shall include only those portions of the slab that comply with the requirements of these Sections. 3. Masonry elements designed primarily as axial -load carrying members shall comply with Sections 2106.1.12.4, Item 1, and 2108.2.6.2.6. 4. Masonry elements designed primarily as flexural members shall comply with Section 2108.2.6.2.5. 5. Steel elements designed primarily as flexural members or trusses shall have bracing for both top and bottom beam flanges or chords at the location of the support of the discontinuous system and shall comply with the requirements of AISC - Seismic Part I, Section •. 6. Wood elements designed primarily as flexural members shall be provided with lateral bracing or solid blocking at each end of the element and at the connection location(s) of the discontinuous system. 15.04.110 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 '/2 inches (89 mm). An approved vapor barrier membrane shall be placed under slab floors for human occupancy and supported directly on the ground. EXCEPTION: When justified by a soils report and approved by the Building Official, the vapor barrier may be omitted. 0 15.04.120 Amendment to Sections 1922.10. Section 1922.10 is amended to read as follows: 1922.10 Seismic Requirements for Plain Concrete. 1922.10.1 General. The design and construction of plain concrete components that resist seismic forces shall conform to the requirements of Section 1922, except as modified by this section. 1922.10.2 Seismic Zones 0 and 1. Structural plain concrete members located in Seismic Zones 0 and 1 shall be designed in accordance with the provisions of Sections 1922.1 through 1922.9. 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. 2. Post - tensioned slabs -on -grade and topping slabs when supported by approved structural systems. 15.04.130 Amendment to Section 2205.3 Section 2205.3 of the California Building Code is amended to read as follows: SECTION 2205.3 Seismic Design Provisions for Structural Steel. Steel structural elements that resists seismic forces shall, in addition to the requirements of Section 2205.2 be designed in accordance with Division IV. 15.04.140 Divisions IV and V of Chapter 22 of the California Building Code are deleted in their entirety and replaced by the following: Division IV— SEISMIC PROVISIONS FOR STRUCTURAL STEEL BUILDINGS Based On Seismic Provisions For Structural Steel Buildings, Of The American Institute of Steel Construction. Parts I and III, dated April 15, 1997 and Supplement No. 2, dated November 10, 2000. 10 SECTION 2210 — Except for the modifications as set forth in Sections 2211 and 2212 of this division and the requirements of the Building Code, the seismic design, fabrication, and erection of structural steel shall be in accordance with the Seismic Provisions for Structural Steel Buildings, April 15, 1997 published by the American Institute of Steel Construction, 1 East Wacker Drive, Suite 3100, Chicago, IL 60601, as if set out at length herein. The adoption of Seismic Provisions for Structural Steel Buildings in this Division, hereinafter referred to as AISC - Seismic, shall include Parts I (LRFD), III (ASD), and Supplement No. 2, dated November 10, 2000. Where other codes, standards, or specifications are referred to in this specification, they are to be considered as only an indication of an acceptable method or material that can be used with the approval of the Building Official. SECTION 2211 — DESIGN METHODS When the load combinations from Section 1612.2 for LRFD are used, structural steel buildings shall be designed in accordance with Chapter 22 Division II (AISC -LRFD) and Part I of AISC- Seismic as modified by this Division. When the load combinations from Section 1612.3 for ASD are used, structural steel buildings shall be designed in accordance with Chapter 22 Division III (AISC -ASD) and Part III of AISC - Seismic as modified by this Division. SECTION 2212 — AMENDMENTS The AISC- Seismic adopted by this Division apply to the seismic design of structural steel members except as modified by this Section. The following terms that appear in AISC- Seismic shall be taken as indicated in the 1997 Uniform Building Code. 11 RISC- Seismic Seismic Force Resisting System Design Earthquake Load Combinations Eqs. (4 -1) and (4 -2) LRFD Specification Section Eqs. (A4 -1) through (A4 -6) EWE 1997 Uniform Building Code Lateral Force Resisting System Design Basis Ground Motion Chapter 16 Eqs. (12 -17) and (12 -18) respectively Chapter 16 Eqs. (12 -1) through (12 -6) respectively Em 1. Part I, Sec. 1. of the AISC Seismic Provisions is revised as follows: 1. SCOPE These provisions are intended for the design and construction of structural steel members and connections in the Seismic Force Resisting Systems in buildings for which the design forces resulting from earthquake motions have been determined on the basis of various levels of energy dissipation in the inelastic range of response. These provisions shall apply to buildings in Seismic Zone 2 with an importance factor I greater than one, in Seismic Zone 3 and 4 or when required by the Engineer of Record. These provisions shall be applied in conjunction with, Chapter 22, Division II, hereinafter referred to as the LRFD Specification. All members and connections in the Lateral Force Resisting System shall have a design strength as provided in the LRFD Specification to resist load combinations 12 -1 through 12 -6 (in Chapter 16) and shall meet the requirements in these provisions. Part I includes a Glossary, which is specifically applicable to this Part, and Appendix S. 2. Part I, Sec. 4.1. of the AISC Seismic Provisions is revised as follows: 4.1 Loads and Load Combinations 12 The loads and load combinations shall be those in Section 1612.2 except as modified throughout these provisions. 15.04.150 Amendment to Appendix Chapter 4, Division 1, of the California Building Code Section 420 of Appendix Chapter 4, Division 1, of the California Building Code is amended to read as follows: SECTION 420 Swimming Pool is any structure intended for swimming or recreational bathing that contains water over 18 inches (458 mm) deep. This includes in- ground, above ground and on- ground swimming pools; and fixed -in -place wading pools. Section 421.1 of Appendix Chapter 4, Division 1, Item 1 of the California Building Code is amended to read as follows: SECTION 421.1 Barrier Requirements 1. The top of the barrier shall be at least 60 inches (1,524 mm) above grade measured on the side of the barrier, which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches (51 mm) measured on the side of the barrier, which faces away from the swimming pool. The maximum vertical clearance at the bottom of the barrier may be increased to 4 inches (102 mm) when grade is a solid surface such as a concrete deck, or when the barrier is mounted on the top of the above ground pool structure. When barriers have horizontal members spaced less than 45 inches (1,143 mm) apart, the horizontal members shall be placed on the poolside of the barrier. Any decorative design work on the side away from the swimming pool, such as protrusions, indentations or cutouts, which render the barrier easily climbable, is prohibited. 13 SECTION 2. Chapter 15.05 of the Newport Beach Municipal Code is adopted to read: Sections: Chapter 15.05 MECHANICAL CODE 15.05.010 Adoption of California Mechanical Code. 15.05.020 Deletion of Chapter 1. 15.05.010 Adoption of California Mechanical Code. The City Council adopts and incorporates by reference, as though set forth in full in this section of the 2001 edition of the California Mechanical Code, based on the 2000 Uniform Mechanical Code, including all Appendix Chapters as published by 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 2001 California Mechanical Code printed in code book form shall be kept on file in the office of the City Clerk. 15.05.020 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 3. 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 2001 edition of the California Electrical Code based on the 1999 National Electrical Code, including all Appendix Chapters as published by the National Fire Protection Association 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 2001 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 agency approved by the Building Official for proper torquing of connections at their termination point. (FPN): For aluminum and copper -clad aluminum conductors, see Section 310 -15. 15 SECTION 4. Chapter 15.08 of the Newport Beach Municipal Code is amended to read: Chapter 15.08 PLUMBING CODE Sections: 15.08.010 Adoption of California Plumbing Code. 15.08.020 Deletion of Chapter 1 Administration. 15.08.025 Amendment to Section 604.1.1 15.08.030 Amendment to Section 1210.1. 15.08.010 Adoption of California Plumbing Code The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2001 edition of the California Plumbing Code, including all Appendix Chapters, based on the 2000 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 2001 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 inspections for this section are contained in the Administrative Code under Chapter 15.02. 15.08.025 Amendment to Section 604.1.1 Section 604. 1.1 is amended to read as follows: 16 SECTION 604.1.1 [HCD 1 & HCD 21 Water distribution pipe, building supply 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 75% copper), or copper tube or Types K, L or ACR. Approved PE pipe shall be used in exterior buried piping systems. jFor HCD 1 & HCD 21 Corrugated stainless steel tubing may be permitted provided that it is part of a system listed by an approved testing agency as complying with the reference standard listed in Table 14 -1. 17 SECTION 5. Amendment to Section 15.09.030 of the Newport Beach Municipal Code. Section 301.4 of the Swimming Pool Code is hereby deleted. is SECTION 6. Chapter 15.10 of the Newport Beach Municipal Code is amended to read: Chapter 15.10 EXCAVATION AND GRADING CODE Sections: 15.10.020 Administration. Amended. 15.10.060 Grading Permit Requirements. Amended 15.10.065 Drainage Permits. Amended 15.10.120 Drainage and Terracing. Amended 15.10.130 Erosion Control. Amended 15.10.160 Alternate Methods. Amended. Section 15.10.020 Administration. Amended. Section 15.10.20 is amended to read as follows: SECTION 15.10.20 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. The provisions of this chapter are intended to permit work that complies with the Municipal Separate Storm Sewer System Permit "MS4 Permit" issued by the California Regional Water Quality Control Board, Santa Ana Region, on January 18, 2002 under the National Pollutant Discharge Elimination System (NPDES). The provisions of this chapter and the permit are intended to prevent pollutants, including toxic materials, debris, silt, and other contaminants from entering Newport Bay and the Pacific Ocean. 19 Section 15.10.060 Grading Permit Requirements. Amended. Section 15.10.060 is amended to read as follows: SECTION 15.10.060 Grading Permit Requirements. A. Permits Required. Except as exempted in Section 15.10.030 of this Code, no person shall perform 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: 1. General vicinity of the proposed site; 2. Property limits, permit area limits, accurate contours of existing ground, details of terrain, and area drainage; 20 3. Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction. In a floodplain 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 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, 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 21 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 15 through May 15) 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; 1. Either water or dust palliative, or both, must be applied to alleviate or prevent excessive dust .resulting from the loading, unloading, processing, or transportation of earth on -site or to and from the project site on public roadways. This dust control shall be performed in a manner that contains the dust control water on site and complies with the City of Newport Beach's MS4 Permit. The permittee shall maintain all public right -of -ways used as haul routes free of debris and soil; 22 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 feet clear, unobstructed sight distance to the intersection from both the public roadway and access road. If the 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 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 6 feet from the edge of the pavement and the base of the sign shall be 5 feet above the pavement level. The advance warning sign shall be covered or removed when the access intersection is not in use. Section 15.10.065 Drainage Permits. Amended. Section 15.10.065 is amended to read as follows: SECTION 15.10.065 Drainage Permits. 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. Such corrective work 23 shall be designed in a manner that will retain dry weather runoff and minor rain events within the site consistent with the City's MS4 Permit unless otherwise approved by the Building Official. 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. Section 15.10.120 Drainage and Terracing. Amended. Section 15.10.120 is amended to read as follows: SECTION 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 6 feet in width shall be established at not more than 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 6% and must be paved with reinforced concrete not less than 3 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 5 feet. A single run of swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet (projected) without discharging into a down drain; 24 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 as well as contain concentrated and surface sheet flow waters from dry- weather run off and minor rain events within the site, unless the Building Official determines it to be detrimental to structures due to site constraints. Where the Building Official makes this determination, the Building Official may charge the applicant a Runoff Impact Mitigation Fee to address the adverse impacts from runoff elsewhere in the city. All buried pipe shall be constructed of corrosion- resistant material of SDR 35 or better. Buried pipe shall be a minimum of 3 inches trade size unless approved by the Building Official. If drainage facilities discharge onto natural ground, riprap or conversion to sheet flow may be required in order to contain as much of that water as possible within the site. Building pads shall have a drainage gradient of 2% toward approved drainage facilities, unless waived by the Building Official. EXCEPTION: The gradient from the building pad may be 1% if all the following conditions exist throughout the permit area: 1. No proposed fills are greater than 10 feet in maximum depth; 2. No proposed finish cut or fill slope faces have a vertical height in excess of 10 feet; 3. No existing slope faces, which have a slope face steeper than 10 feet horizontally to one vertically, have a vertical height in excess of 10 feet. E. Drainage Standards.. Drainage standards in non -hilly areas shall conform to the following minimum standards: 25 1. Rough Grade Commercial Residential Minimum Gradient a. Earth at rough grade stage 1.0% 1.0% 2. Finished Grade a Earth 1.0% 2.0% b. Asphalt pavement (sheet flow) 1.0% 1.0% C. Concrete 0.5% 0.5% d. Concrete drain in earth area 0.5% 0.5% e. Concrete gutter in asphalt paved area. 0.2% 0.5% Section 15.10.130 Erosion Control. Amended Section 15.10.130 is amended to read as follows: SECTION 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 26 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; D. Permanent desilting facilities shall be used whenever necessary to contain silt from eroding off site; 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; H. All erosion control measures shall be designed to retain water from dry- weather run off and minor rain events within the site. Section 15.10.160 Alternate Methods. Amended. Section 15.10.160 is amended to read as follows: SECTION 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, 27 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, safety, runoff containment, and erosion control. 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. 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. 28 SECTION 7. Chapter 15.15 of the Newport Beach Municipal Code is adopted to read: Sections: Chapter 15.15 REPORT OF RESIDENTIAL BUILDING RECORDS 15.10.040 Application. Amended 15.10.045 Inspection. Amended 15.10.050 Delivery of Report. Amended 15.10.065 Refunds /Cancellation Fees. Amended 15.10.066 Expiration of Report. Amended 15.10.040 Application. Amended. Section 15.10.040 Application is amended to read as follows: 15.10.040 Application. The report of residential building records shall be issued by the City within thirty days after the owner submits a completed application on the form provided by the City and pays the fee established by resolution of the City Council. The owner shall indicate on the application, if consent is given for an inspection of the residential building. If consent is not given by the owner for inspection of the residential building, the report shall indicate the owner refused to consent to the inspection. 15.15.045 Inspection. Amended Section 15.15.045 is hereby amended to read as follows: 15.15.045 Inspection. Upon written consent of the property owner, the City shall cause a physical inspection of the residential building after research of the city records is completed. The report of residential building records shall include evidence of building permit or zoning Code violations observed during the inspection, and correction of those violations as determined by any reinspections of the property. 15.15.050 Delivery of Report. Amended Section 15.15.050 is hereby amended to read as follows: 15.15.050 Delivery of Report. If the owner refuses to consent to an inspection, a copy of the application noting such refusal shall be delivered by the owner to the other parties or party to the agreement within three days of filing the application with the City. The completed report of residential building records shall be delivered by the owner or his representative to all other parties to the agreement of sale prior to the completion of the transaction. It is the responsibility of the property owner to insure that the other party or parties to the agreement of sale execute the acknowledgment of receipt on the report of residential building records and file it with the City within thirty days after completion of the transaction. The filed report shall be proof of compliance with the provisions of this chapter. 15.15.065 Refunds /Cancellation Fees. Amended. Section 15.15.065 is hereby amended to read as follows: 15.15.065 Refunds/Cancellation Fees. A. City shall refund the fee accompanying an application for a report of residential building records if a written request for refund is made prior to staff review of City records necessary to prepare the report. An administrative charge of 20% of the application fee shall be withheld from any refund granted pursuant to this section. No refunds will be made for a residential building report after the staff review or physical inspection of the property pursuant to Section 20.03.045 of this Code; B. Owner shall pay an inspection or reinspection cancellation fee in the amount established by resolution of the City Council. This fee shall be charged when an inspection or reinspection appointment is made with the owner and the owner fails to appear at the time of the inspection or cancels the appointment. 15.15.066 Expiration of Report. Added. Section 15.15.066 is hereby added to read as follows: 30 15.15.066 Expiration of Report. Report of Residential Building Records shall expire one year from the date of its issuance and may not be extended. No refund shall be made when the report is allowed to expire. Any outstanding violations at the time of expiration shall be followed until resolved by appropriate means. 31 SECTION 8. Chapter 15.50 of the Newport Beach Municipal Code is amended to read: Chapter 15.50 FLOOD DAMAGE PREVENTION Sections: 15.50.050 Definitions. Amended. 15.50.130 Designation of the Floodplain Administrator. Renumbered. 15.50.140 Use of Other Base Flood Data. Renumbered and Amended. 15.50.150 Documentation of Floodplain Development. Renumbered and Amended. 15.50.160 Alteration of Watercourses. Renumbered. 15.50.170 Map Determinations. Renumbered and Amended. 15.50.180 Appeals and Variance Procedure. Renumbered and Amended. 15.50.190 Conditions for Variances. Renumbered and Amended. 15.50.200 Standards of Construction. Renumbered and Amended. 15.50.210 Standards for Utilities. Renumbered. 15.50.220 Standards for Subdivisions. Renumbered and Amended. 15.50.230 Coastal High Hazard Areas. Renumbered and Amended. 15.50.240 Mudslide Prone Areas. Renumbered and Amended. 15.50.250 Flood - Related Erosion -Prone Areas. Renumbered and Amended. Section 15.04.050 Definitions. Amended. Section 15.03.050 is amended to read as follows: SECTION 15.50.050 Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. "Addition" means any additional building square footage added to the lot. "Addition cost" means the "addition" square footage multiplied by the cost per foot average as determined by the Building Official. 32 "Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this chapter. "Area of shallow flooding" means a designated AO or AH zone on the flood insurance rate map (FIRM). The base flood depths range from 1 to 3 feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood - related erosion hazard" is the land within a community, which is most likely to be subject to severe flood - related erosion losses. The area may be designated as Zone E on the flood insurance rate map (FIRM). "Area of special flood hazard." See "Special flood hazard area." "Area of special mudslide (i.e., mudflow) hazard" is the area subject to severe mudslides (i.e., mudflows). The area is designated as Zone M on the flood insurance rate map (KM. "Base flood" means a flood, which has a I% chance of being equaled or exceeded in any given year (also called the "100 -year flood "). Base flood is the term used through this chapter. "Basement" means any area of the building having its floor subgrade, i.e., below ground level on all sides. "Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions: I. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and 33 2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood. "Building." See "Structure." "Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a flood insurance rate map (FIRM) as Zone VE, or V. "Current value of the structure" means the existing structure square footage multiplied by the cost per foot average as determined by the Building Official. "Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "Flood, flooding, or floodwater" means: 1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides; and 2. The condition resulting from flood - related erosion. 34 "Flood boundary and floodway map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance and Mitigation Administration has delineated both the areas of special flood hazards and the floodway. "Flood hazard boundary map" means the official map on which the Federal Emergency Management Agency or Federal Insurance and Mitigation Administration has delineated the areas of flood hazards. "Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance and Mitigation Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood insurance study" means the official report provided by the Federal Insurance and Mitigation Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood. "Floodplain or flood -prone area" means any land area susceptible to being inundated by water from any source. See "Flooding." "Floodplain Administrator" is the individual appointed to administer and enforce the floodplain management regulations. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. "Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood -prone areas. This term describes federal, state or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage. 35 "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as a "regulatory floodway." "Fraud and victimization" as related to Section 15.50.190, variances, of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City of Newport Beach will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one - hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be incurred only at very high flood insurance rates. "Functionally dependent use" means a use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long -term storage or related manufacturing facilities. "Governing body" is the local governing unit, i.e., county or municipality that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry. "Hardship" as related to Section 15.50.190, variances, of this chapter, means the exceptional hardship that would result from a failure to grant the requested variance. The City of Newport Beach requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a slightly different use than originally intended. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Historic structure" means any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states with approved programs. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area (see "Basement ") is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. (Note: This definition allows 37 garages serving one or two dwelling units to be built at grade. Below grade garages serving one or two dwelling units are not allowed as they are considered to be basements.) "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "Manufactured home" does not include a "Recreational vehicle." "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Mean sea level" means, for purpose of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced. "Mudslide" (i.e., mudflow) describes a condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain. "Mudslide (i.e., mudflow) prone area" means an area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow. "New construction" for floodplain management purposes, means structures for which the "Start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community. 38 "Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. "One- hundred -year flood" or "100 -year flood." See "Base flood." "Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope. "Principal structure" means a structure used for the principal use of the property as distinguished from an accessory use. "Public safety and nuisance" as related to Section 15.50.190, variances, of this chapter means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. "Recreational vehicle" means a vehicle, which is 1. Built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projection; 3. Designed to be self - propelled or permanently towable by a light -duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. 39 "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Remodel" means any reconstruction, rehabilitation or renovation of an existing structure whereby no additional floor area is added to an existing structure. "Remodel cost" means the cost of the remodel as determined by the Building Official. "Sand dunes" means naturally occurring accumulations of sand in ridges or mounds landward of the beach. "Sheet flow area." See "Area of shallow flooding." "Special flood hazard area (SHFA)" means an area having special flood, mudslide (i.e., mudflow) or flood - related erosion hazards, and shown on an FEBM or FIRM as Zone A, AO, AE, A99, AH, VE or V. "Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty days of the permit. The actual start means either the first placement or permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a "Substantial improvement', the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Ell] "Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home. "Substantial damage" means any damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition (see "Remodel cost ") would equal or exceed 50% of the "Current value of the structure" before the damage occurred. "Substantial improvement" means any new construction, "Remodel" or "Addition ", where the "Remodel cost" plus the "Addition cost" is at least 50% of the "Current value of the structure." This term includes structures, which have incurred "Substantial damage," regardless of the actual repair work performed. However, the term does not include: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or 2. Any alteration of a "Historic structure," provided that the alteration will not preclude the structure's continued designation as a "Historic structure." "V zone." See "Coastal high hazard area." "Variance" means a grant of relief from the requirements of this chapter, which permits construction in a manner that would otherwise be prohibited by this chapter. "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. SECTION 15.50.130 is deleted. Section 15.50.140 Designation of the Floodplain Administrator. Renumbered. Section 15.50.140 is renumbered as follows: 41 SECTION 15.50.130 Designation of the Floodplain Administrator. The City Manager or his designated representative is hereby appointed to administer and implement and enforce this chapter by granting or denying development permit applications in accordance with its provisions. SECTION 15.50.150 is deleted. Section 15.50.160 Use of Other Base Flood Data. Renumbered and amended. Section 15.50.160 is renumbered and amended to read as follows: SECTION 15.50.140 Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 15.50.070, basis for establishing the areas of special flood hazard, the Floodplain Administrator or his designated representative shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer Sections 15.50.200 through 15.50.250. Section 15.50.170 Documentation of Floodplain Development. Renumbered and amended. Section 15.50.170 is renumbered and amended to read as follows: SECTION 15.50.150 Documentation of Floodplain Development. The Floodplain Administrator shall obtain and maintain for public inspection and make available as needed: 1. The certification required in Section 15.50.200(3)(A)(V); 2. The certification required in Section 15.50.200(B)(JU) (elevation or floodproofing of nonresidential structures); 3. The certified elevation required in Section 15.50.220(2) (subdivision standards). Section 15.50.180 Alteration of Watercourses. Renumbered. Section 15.50.180 is renumbered as follows: SECTION 15.50.160 Alteration of Watercourses. The Floodplain Administrator shall: 1. Notify adjacent communities and the Department of Water Resources of the State of California prior to any alteration or relocation of a watercourse, and submit evidence of such 42 notification to the Federal Insurance and Mitigation Administration, Federal Emergency Management Agency; 2. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained. Section 15.50.190 Map Determinations. Renumbered and amended. Section 15.50.190 is renumbered and amended to read as follows: SECTION 15.50.170 Map Determinations. The Floodplain Administrator shall make interpretations where needed, as to the exact location of the boundaries of the area of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 15.50.180. Section 15.50.200 Appeals and Variance Procedure. Renumbered and amended Section 15.50.200 is renumbered and amended to read as follows: SECTION 15.50.180 Appeals and Variance Procedure. 1. The Planning Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator or his designated representative, in the enforcement or administration of this chapter; 2. The Planning Commission shall review and decide requests for variances. In ruling on such applications, the Planning Commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter; and: A. The danger that materials may be swept onto other lands to the injury of others; B. The danger to life and property due to flooding or erosion damage; C. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner and future owners of the property; D. The importance of the services provided by the proposed facility to the community; 43 E. The necessity to the facility of a waterfront location, where applicable; F. The availability of alternative locations, for the proposed use, which are not subject to flooding or erosion damage; G. The compatibility of the proposed use with existing and anticipated development; H. The relationship of the proposed use to the comprehensive plan and floodplain management program of that area; I. The safety of access to the property in times of flood for ordinary and emergency vehicles; J. The expected heights, velocity duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and K. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electric, water systems, and streets and bridges. 3. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one -half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing all items in Section 15.50.180(2) have been fully considered. As lot size increases beyond one -half acre, the technical justification required for issuing the variance increases; 4. Upon consideration of the factors of Section 15.50.180(2) and the purposes of this chapter, the Planning Commission may attach conditions to the granting of variances as it deems necessary to further the purposes of this chapter; 5. Those aggrieved by the decision of the Planning Commission may appeal such decision to the City Council as provided in Title 20 of the Newport Beach Municipal Code; 6. The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance and Mitigation Administration in the biennial report. 44 Section 15.50.210 Conditions for Variances. Renumbered and amended Section 15.50.210 is renumbered and amended to read as follows: SECTION 15.50.190 Conditions for Variances. 1. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section; 2. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result; 3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief, 4. Variances shall only be issued upon: A. A showing of good and sufficient cause; B. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and C. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on, or victimization of, the public, or conflict with existing local laws or ordinances. 5. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety; 6. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced flood lowest flood elevation. A copy of the notice shall be recorded by 45 the Floodplain Board in the office of the Orange County Recorder and shall be recorded in a manner so that it appears in chain of title of the affected parcel of land. Section 15.50.220 Standards of Construction. Renumbered and Amended. Section 15.50.220 is renumbered and amended to read as follows: SECTION 15.50.200 Standards of Construction. In all areas of special flood hazards, all "substantial improvements," including all existing construction, shall meet the following standards: Anchoring. Adequate anchoring to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. 2. Construction Materials and Methods. A. With materials and utility equipment resistant to flood damage; B. Using methods and practices that minimize flood damage; C. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and D. With zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. 3. Elevation and floodproofing. A. Residential Construction shall have the lowest floor, including basement; I. In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least 2 feet above the highest grade if no depth number is specified; H. In an A zone, elevated to or above the base flood elevation, as determined by the City of Newport Beach; 46 111. In all other zones, elevated to or above the base flood elevation (6.27' MSL (min) 15.50.070). W. Fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must exceed the following minimum criteria: a. Be certified by a registered professional engineer or architect to comply with a local floodproofing standard approved by the Federal Insurance and Mitigation Administration, or Federal Emergency Management Agency; or b. Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater. V. Upon completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator. B. Nonresidential Construction. Nonresidential construction shall either be elevated to conform with subsection (3)(A) or together with attendant utility and sanitary facilities: 47 I. Be floodproofed below the elevation recommended under subsection (3)(A) so that the structure is watertight with walls substantially impermeable to the passage of water; 11. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and M. Be certified by a registered professional engineer or architect that the standards of this section are satisfied. Such certification shall be submitted to the Floodplain Administrator. C. Manufactured Homes. Manufactured homes that are placed or substantially improved, shall be elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. D. Recreational Vehicles. All recreational vehicles shall: I. Be on the site for fewer than one hundred eighty consecutive days; II. Be fully licensed and ready for highway use; a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or III. Meet the permit requirements of Section 15.50.200(C) of this chapter. 4. Required submittals. Before construction begins within any area of special flood hazards established in Section 15.50.070, application for a building permit shall be made pursuant to the Uniform Administrative Code, adopted in Newport Beach Municipal Code Section 15.02.010. In addition to submittals required by the Uniform Administrative Code, 48 drawings shall show the nature, location, dimensions, and elevations of each structure; existing and proposed grades, and drainage facilities. Specifically, the following information is required: A. Proposed elevation, as determined by a licensed land surveyor or registered civil engineer, of the lowest floor (including basement) of all structures; B. Proposed elevation in relation to mean sea level to which any structure will be floodproofed; C. All appropriate certifications listed in Section 15.50.180150 of this chapter; D. Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development; E. Plans for any walls to be used to enclose space below the base flood levels. Section 15.50.230 Standards for Utilities. Renumbered. Section 15.50.230 is renumbered as follows: SECTION 15.50.210 Standards for Utilities. 1. All new and replacement electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; 2. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; 3. On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. Section 15.50.240 Standards for Subdivisions. Renumbered and Amended. Section 15.50.240 is renumbered and amended to read as follows: SECTION 15.50.220 Standards for Subdivisions. 49 1. All preliminary subdivision proposals shall identify the flood hazard area and elevation of the base flood; 2. All final subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator; 3. All subdivision proposals shall be consistent with the need to minimize flood damage; 4. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electric and water systems located and constructed to minimize flood damage; 5. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards; 6. A development permit shall be obtained before construction or development begins on a subdivision within any area of special flood hazards established in Section 15.50.070. Application for a development permit shall be made on forms furnished by the City Manager or his designated representative and shall include but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of each structure within the subdivision; existing and proposed grades, and drainage facilities. Specifically, the following information is required; A. Proposed elevation, as determined by a licensed land surveyor or registered civil engineer, of the lowest floor (including basement) of all structures; B. Proposed elevation in relation to mean sea level to which any structure will be floodproofed; C. All appropriate certifications listed in Section 15.50.150 of this chapter; D. Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development; and E. Plans for any walls to be used to enclose space below the base flood level; 50 F. Provide certification that all necessary permits have been obtained from federal, state, and local governmental agencies from which prior approval is required. NOTE: It is the developer's responsibility to obtain these approvals. 7. The Floodplain Administrator shall: A. Review all development permits to determine that the permit requirements of this chapter have been satisfied; B. Review the developer's certification that all other required state and federal permits have been obtained; C. Review all development permits to determine that the proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "Adversely affect" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point; D. Review all development permits in the coastal high hazard area of the area of special flood hazard to determine if the proposed development alters sand dunes so as to increase potential flood damage; E. Review all development permits to determine whether proposed building sites will be reasonably safe from flooding; F. Take action to remedy violations of this chapter. Section 15.50.250 Coastal High Hazard Areas. Renumbered and amended. Section 15.50.250 is renumbered and amended to read as follows: SECTION 15.50.230 Coastal High Hazard Area. Within coastal high hazard areas as established under Section 15.50.070 the following standards shall apply. 1. All "Substantial improvements," including all existing construction, shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor 51 (excluding the pilings and columns) is elevated to or above the base flood level. The pile of column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by the California Building Code; 2. All new construction and other development shall be located on the landward side of the reach of mean high tide; 3. "Substantial improvements," including all existing construction shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in Section 15.50.050 of this chapter. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access and storage; 4. Fill shall not be used for structural support of buildings; 5. Manmade alteration of sand dunes which would increase potential flood damage is prohibited; 6. The Floodplain Administrator shall obtain and maintain the following records: A. Certification by a registered engineer or land surveyor that a proposed structure complies with Section 15.50.230(A); B. The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. Section 15.50.260 Mudslide Prone Areas. Renumbered and Amended. Section 15.50.260 is renumbered and amended to read as follows: SECTION 15.50.240 Mudslide Prone Areas. 1. The Floodplain Administrator shall review permits for proposed construction and development to determine if it is proposed within a mudslide area; 52 2. Permits shall be reviewed to determine that the proposed site and improvement will be reasonably safe from mudslide hazards. Factors to be considered in making this determination include but are not limited to the: A. Type and quality of soils; B. Evidence of ground water or surface water problems; C. Depth and quality of any fill; D. Overall slope of the site; and E. Weight that any proposed development will impose on the slope. 3. Within areas that may have mudslide hazards, the Floodplain Administrator shall require that: A. A site investigation and further review be made by persons qualified in geology and soils engineering; B. The proposed grading, excavation, new construction, and substantial improvement be adequately designed and protected against mudslide damages; C. The proposed grading, excavations, new construction, and substantial improvement not aggravate the existing hazard by creating either on -site or off -site disturbances; and D. Drainage, planting, watering, and maintenance not endanger slope stability. Section 15.50.270 Flood- Related Erosion -Prone Areas. Renumbered and Amended Section 15.50.270 is renumbered and amended to read as follows: SECTION 15.50.250 Flood- Related Erosion -Prone Areas. 1. The Floodplain Administrator shall require permits for proposed construction and other development within all flood - related erosion -prone areas as known to the community; 2. Permit applications shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood - related erosion and will not cause flood - related erosion hazards or otherwise aggravate the existing hazard; 091 3. If a proposed improvement is found to be in the path of flood - related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard; 4. Within zone E on the flood insurance rate map, a setback is required for all new development from the ocean, lake, bay, riverfront or other body of water to create a safety buffer consisting of a natural vegetative or contour strip. This buffer shall be designated according to the flood - related erosion hazard and erosion rate, in relation to the anticipated "Useful life" of structures, and depending upon the geologic, hydrologic, topographic, and climatic characteristics of the land. The buffer may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only. 54 SECTION 9. Amendment to Section 15.60 of the Newport Beach Municipal Code. Sections: Chapter 15.60 CONSTRUCTION SITE CLEANUP 15.60.010 Site Cleanup— Purpose. Amended. 15.60.020 Notice. Renumbered and Amended. 15.60.030 Action by City. Renumbered and Amended. 15.60.040 Appeal to City Council. Renumbered. Section 15.60.010 Site Cleanup Fee — Purpose. Amended. Section 15.60.010 is amended to read as follows: SECTION 15.60.010 Site Cleanup Purpose. To ensure the removal of construction and demolition debris from construction sites and public property adjoining the construction sites, thereby ensuring the health, safety and welfare of the citizens of the City of Newport Beach. SECTION 15.60.020 is deleted. SECTION 15.60.030 is deleted. Section 15.60.040 Notice. Renumbered and Amended. Section 15.60.040 is renumbered and amended to read as follows: SECTION 15.60.020 Notice. Written notice shall be given to the applicant/permittee when any of the following conditions exist: 1. When, in the opinion of the Building Official, there is an unnecessary or excessive accumulation of construction debris or material on or off site; G� . 2. When, in the opinion of the Building Official, material or debris relating to the construction or grading constitutes a threat or danger to the health, safety or welfare of any person; or Such written notice shall be deemed to have been given to the applicant/permittee when written notice is posted at the construction site. Such notice shall describe the action to be taken by the applicant/permittee and the period of time within which that action must be taken. Section 15.60.050 Action by City. Renumbered and amended. Section 15.60.050 is renumbered and amended to read as follows: SECTION 15.60.030 Action by City. In the event that the applicant/permittee fails to take action in accordance with the provisions of Section 15.60.020, the Building Official may issue a stop work order pursuant to Section 202.4 of the Uniform Administrative Code. The Building Official may also issue administrative citations to enforce removal of such debris. SECTION 15.60.060 is deleted. Section 15.60.070 Appeal to City Council. Renumbered. SECTION 15.60.070 is renumbered as follows: Section 15.60.040 Appeal to City Council. The City Council shall have the power to hear and decide appeals based on the enforcement or interpretation of the provisions of this chapter. 56 SECTION 10. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be 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 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 11. This Ordinance shall be published once in the official newspaper of the City and the same shall be effective November 1, 2002. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 10th day of September 2002, and was adopted on the 24thday of september2002, by the following vote to wit: AYES, COUNCIL MEMBERS Heffernan, O'Neil, Bromberg, Adams, Proctor, Mayor Ridgeway NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS 57 ATTEST: QLat" 111,�-IZZ4 City Clerk Codes\2002codes ord MAYOR 58 STATE OF CALIFORNIA } COUNTY OF ORANGE 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. 2002 -20 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 24th day of September 2002, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, O'Neil, Bromberg, Adams, Proctor, Mayor Ridgeway Noes: None Absent: Glover Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25th day of September 2002. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2002 -20 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: September 28, 2002. In witness whereof, I have hereunto subscribed my name this day of C BtC-- 2002. City Clerk City of Newport Beach, California