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HomeMy WebLinkAbout90-10 - Amending Chapter 15.04 of the Newport Beach Municipal Code to Adopt the Uniform Building Code, 1988 Edition• ORDINANCE NO. 90 -10 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.04 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE UNIFORM BUILDING CODE, 1988 EDITION 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 adopted to read: Chapter 15.04 BUILDING CODE Sections: 15.04.010 Adoption of Uniform Building Code. 15.04.020 Addition of Section 103.5. 15.04.030 Addition of Section 108. 15.04.040 Addition of Section 110. 15.04.050 Amend Section 505(a). 15.04.060 Amendment to Table 5 -A. 15.04.070 Amendment to Section 1101. 15.04.080 Addition of Section 1103. 15.04.090 Amendment to Table 32 -A. 15.04.100 Amendment to Section 3209 (Appendix). 15.04.110 Amendment to Section 3703(f). 15.04.120 Amendment to Section 3802(a). 15.04.130 Addition of Subsection 12 of 5 and 6 to Section 3802(b). 15.04.140 Amendment to Appendix Chapter 70. 15.04.010 Adoption of the Uniform Building Code The City Council adopts and incorporates by reference, as though set forth in full in this Chapter the 1988 edition of the "Uniform Building Code ", including Appendix Chapters 1, 7, 12, Division II of 23, 32, 35, 38, 49, 55, 70 and excluding the administrative provisions of Chapter 1, 2 and 3, as published by the International Conference of Building Officials, subject to the changes, and modifications set forth in this chapter. 1 • The City Council also adopts and incorporates by reference, as though set forth in full in this Chapter the 1988 edition of the "Uniform Building Code Standards" including all national codes and standards referenced therein 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 Chapter, shall constitute and be known as the Newport Beach "Building" Code. A copy of the 1988 Uniform Building Code and Uniform Building Code Standards, printed in code book form shall be kept on file in the office of the City Clerk. 15.04.020 Addition of Section 103.5. Section 103.5 is added to the Building Code to read: Sec. 103.5 Construction In, On Or Over Water. All construction work in, on, or over the Pacific Ocean, Newport Bay or other water in which the tide ebbs and flows shall comply with Title 17 of the Newport Beach Municipal Code in addition to the provisions of this chapter. 15.04.030 Addition of Section 108 to the Building Code. Section 108 is added to the Building Code to read: Sec. 108 Temporary Construction Use. An automobile trailer, house trailer, mobile home, camper, or similar vehicle may be located, occupied and used on the premises where construction work is in progress for the purpose of a construction office or for temporary lodging in connection with the construction work. Any person seeking such use or occupancy shall apply for a permit therefor from the Building Official. Such a permit shall be issued only when the use and occupancy comply with all other provisions of this Code and upon a determination by the Building Official that under the circumstances will not adversely affect the health, peace, comfort, morals, or welfare of the proposed occupants or the public. Revocation shall be effected by the Building Official after five (5) days of written notice to the permittee and an opportunity for the permittee to be heard by the Building Official. Notice may be by ordinary mail to the last known address of the permittee. Any aggrieved 2 person may appeal any decision of the Building Official to grant, deny, or revoke a permit to the City Council. The City Council shall decide the matter after the permittee and person appealing have had an opportunity to be heard before the City Council. Notice of the date the matter shall be heard by the City Council shall be given in writing to the permittee and the person • appealing. Notice may be by mail to the last known address of each. 15.04.040 Addition of Section 110 Section 110 is added to the Building Code to read: Sec. 110 Chemical Toilets for Construction Work No person shall begin a construction project of any kind in the City without first providing one chemical toilet equipped with a seat and cover and a separate urinal, that complies with the provisions of this section on the construction site, for the first fifteen (15) employees or part thereof and one for each additional fifteen (15) employees or part thereof. Each toilet structure must be enclosed on the top and all sides, screened, ventilated and equipped with a self - closing door. All facilities must be pumped out and A recharged with a non - irritating chemical frequently enough to prevent odors or •overflowing. All facilities required herein must be. maintained during the period of construction. The Building Official may specify the location of the structure or structures on the construction site to assure its availability to employees and to make it less offensive to occupants of the surrounding properties. 15.04.050 Amend Section 505(a). Section 505(a) of the Building Code is amended to read: Section 505(a) One -Story Areas. In all occupancies the floor area of a building shall not exceed 5,000 square feet as specified in Section 9.04.180 of the Newport Beach Municipal Code unless an automatic fire extinguishing system as specified in Section 3802(a) of the Building Code has been installed. After installation of the automatic fire extinguishing system allowable floor areas and increases specified in Table No. 5 -C, Section 506, 507 and 508 of the • Building Code shall be applicable. 15.04.060 Amendment to Table 5 -A. Table 5 -A of the Building Code is amended to change the description of Group M, Division 2 occupancy only. All other portions of Table 5 -A not hereinafter specifically amended shall be adopted as published. 3 Group M, Division 2 occupancy defined: Fences over three (3) feet high, tanks and towers.' 15.04.070 Amendment to Section 1101 of the Building Code. Section 1101 of the Building Code is amended to read: Sec. 1101 Group M Occupancies shall be: Division 1. Private garages, carports, sheds and agricultural buildings. Division 2. Fences over three (3) feet high, tanks, and towers. 15.04.080 Addition to Section 1103. Section 1103 of the Building Code is amended to read: Sec. 1103 Location on Property. For fire - resistive protection of exterior walls and openings, as determined by location on property, see Section 504 and Part IV. EXCEPTION: Notwithstanding any applicable provisions of Title 20 of this code, residential patios and private carports open on at least three sides and not over 400 square feet in area are exempt from the fire - resistive protection requirement for exterior walls and openings specified in Section 504 and Part IV of this Chapter. When approved by the Building Official, other enclosures issuch as sunshades, toilet facilities, or shower structures used solely in conjunction with a swimming pool, or spa may similarly be exempt from fire resistive construction.. 15.04.090 Amendment to Table 32 -A. Table 32 -A of the Building Code is amended to read: Replace all NR (non- rated) classifications under types of construction with C (Class C) roofing. Delete footnote 2 and 4. Delete cedar redwood shakes, and no. 1 shingles from footnote 3. Section 15.04.100 Amendment to Section 3209 (Appendix) Section 3209 of the Building Code is amended to read: Sec. 3209. All re- roofing shall conform to the applicable provisions of Chapter 32 of this Code. • Roofing materials and methods of application shall comply with Uniform Building Code Standards or shall follow the manufacturer's installation requirements when approved by the Building Official. 4 When replacing, adding or repairing more than 10% of any existing roof, or section of roof material shall comply with Section 3203(f) and shall pass Class C test per U.B.C. Standard No. 32 -7. This section shall govern when it conflicts with Section 104(b) of the Administrative Code. Section 15.04.110 Amendment to Section 3703(f). • Section 3703(f) of the Building Code is amended to read: (f) Height and Termination. Every chimney shall extend above the roof and the highest elevation of any part of a building as shown in Table No. 37 -B. All chimneys shall terminate in a substantially constructed spark arrester having a mesh not exceeding 1/2 inch spaced openings. Section 15.04.120 Amendment to Section 3802(a). Section 3802(a) of the Building Code is amended to read: Sec. 3802(a) 1. Where required. An automatic fire - extinguishing system shall be installed in all occupancies when the total floor area of a building exceeds 5000 square feet. Sections 505, 506, 507, • 508 and Tables 5 -C and 5 -D of this Code shall apply after the provisions of this paragraph have been implemented. 2. In occupancies other than those set forth in paragraph 1 of this Section, automatic fire- extinguishing system shall be installed in the occupancies and locations as set forth in this Section. For Special Provisions on hazardous chemicals, magnesium, and calcium carbide, refer to the Fire Code. 15.04.130 Addition of Subsection 5 and 6 to Section 3802(b) Subsection 5 and 6 of Section 3802(b) is added to the Building Code to read: 5 1�. Section 3802(b) 5. In all buildings having floors used for human occupancy located more than 40 feet above the lowest level of -Fire • Department access. 6. In all occupancies, when buildings are partially sprinklered, sprinklered areas shall be separated from non - sprinklered areas by a minimum of one hour fire - resistive construction. 5 1�. 15.04.140 Amendment to Appendix Chapter 70. Appendix Chapter 70 of the Building Code is amended to read: APPENDIX CHAPTER 70' • EXCAVATION AND GRADING Section 7001. The purpose of this chapter is to safeguard life, limb, property and the public welfare by regulating grading, drainage and hillside construction on private property and for similar improvement proposed by private interests on City right -of -way where regulations are not otherwise exercised. The Building Official shall formulate such rules, procedures, and interpretations as may be necessary to administer this chapter. Such rules, procedures and interpretations shall be referred to as the "City of Newport Beach Grading Manual" or the "Grading Manual ". Any amendments to the Grading Manual shall be specifically adopted as necessary by the Building Official. In the event of any conflict between said grading manual and this chapter, the provisions of this chapter shall govern. The provisions of the Grading • Manual shall, to the extent that they are made conditions of any permit by the Building Official, be binding on the permittee. Section 7002 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 material as a structural component; establishes the administrative procedure for issuance of permits; and provides for the approval of plans and inspection of grading construction and drainage control. • R Section 7003.1 No person shall do any grading without first having obtained a Grading Permit from the Building Official except for the following: 1. An excavation below finish grade for basements and footings of a building, retaining wall or other structure authorized by a valid Building Permit. This shall not exempt any fill made with the • material from such excavation, nor exempt any excavation which is unsupported or unstable after the completion of such structure, nor shall it exempt any condition resulting from the construction of such structure which requires grading or construction of drainage improvements to provide a safe and stable structure which does not create adverse conditions on other properties, either public or private. 2. Cemetery graves. 3. Refuse disposal sites covered by other regulations. 4. Excavations for wells or tunnels or utilities under the jurisdiction of other agencies. This shall not exempt any fill made from such excavations on private property unless preemptive regulations have • been established by law. 5. Mining and quarrying together with necessary stockpiling, processing and other activities where established and provided such operations do not significantly affect the lateral or vertical support, or significantly increase the stresses in or pressure upon any adjacent or continuous property. 6. Exploratory excavations under the direction of soils engineers or engineering geologists. 7. An excavation which (a) is less than 2 ft. in depth; or (b) does not create a cut slope greater than 5 ft. in height and steeper than two horizontal to one vertical; and (c) is less than 50 cubic yards on one site and does not create an adverse erosion, drainage, groundwater, or slope condition requiring remedial work covered by • this regulations. J 8. Unless preempted by other regulations, fill which does not exceed 50 cubic yards on any one site which is not part of a regular maintenance procedure and which; (a) Is placed on natural undisturbed terrain with a slope flatter than 5 horizontal to 1 vertical; or (b) Less than 3 ft. in depth not intended to support structures • provided: (i) No fill which may create an adverse slope, erosion, drainage, groundwater or structural condition shall be placed without a Grading Permit; (ii) No person shall construction, reconstruct, alter, repair or install any structure in any natural drainage channel water course without a Grading Permit; (iii) Road or parking lot paving work shall be performed under permit, unless waived by the Building Official, or when performed as part of maintenance work. Exceptions listed above shall not be interpreted as exempting future construction on a site from code compliance due to an exempted nonconforming • condition nor shall any exception be construed as exempting an adverse condition from being corrected in accordance with the procedures, nor shall it be construed as exempting any requirement for grading as a flood plane management requirement. Section 7003.2 Whenever the Building Official determines that; (a) construction of any device or structure has resulted or may result in adverse drainage, groundwater, or slope conditions; or (b) existing drainage conditions have resulted or may result in adverse erosion conditions, he /she may require a Drainage Permit to be obtained and corrective work accomplished. [l Section 7004. Whenever the Building Official determines by inspection, from information made available to him /her, that any existing drainage condition, excavation, fill, natural slope or subsurface condition has become a hazard to life and limb, or endangers property or adversely affects the safety, use or stability of a public way or any drainage channel, he /she shall •make a determination of the level of hazard and the owner of the property upon which the drainage conditions, excavation, fill, natural slope or subsurface condition is located, or other person or agent in control of said property, upon receipt of notice in writing from the Building Official shall, within the period specified, correct such conditions in accordance with the requirements and conditions set forth in such notice so as to eliminate the hazard and be in conformance of the hazards abatement section of the Uniform Code for the Abatement of Dangerous Buildings, as adopted by the City of Newport Beach. Section 7005. Definitions. For the purposes of this Chapter, the definitions listed hereunder shall be construed as specified in this section. APPROVAL shall mean a written, civil engineering or geological opinion concerning the satisfactory progress and completion of the work. . AS- GRADED is the topographic surface at completion of grading. BEDROCK is in -place of solid rock. BENCH is a relatively level step excavated into earth material on which fill is to be placed. BORROW is earth material acquired from off -site location for use in grading on a site. CIVIL ENGINEER shall mean a professional engineer in the branch of civil engineering holding a valid certification of registration, issued by the State of California. COMPACTION is the densification of a fill by mechanical means. CIVIL ENGINEERING shall mean the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works for the beneficial uses of mankind. • CLEARING, BRUSHING AND GRUBBING shall mean the removal of vegetation (grass, brush, trees and similar plant types root systems) by mechanical -or means. COMPACTION is the densification of a fill by mechanical means. EARTH MATERIAL is any rock, natural soil or fill and /or any combination thereof. ENGINEERING GEOLOGIST shall mean a professional geologist registered in the State of California as a geologist and certified by the State of California as a geologist and certified by the State of California to practice engineering geology in the field of civil works. • EROSION is the wearing away of the ground surface as a result of the movement of wind; water and /or ice. EXCAVATION is the mechanical removal of earth material. FILL is a deposit of earth material placed by artificial means. GRADE shall mean the vertical location of the ground surface. GRADING shall mean to bring an existing surface to a designed form by cutting, filling and /or smoothing operations. ROUGH GRADE is the stage at which the grade approximately conforms to the approved plan. FINISH GRADE is the final grade of the site which conforms to the approved fill or a combination thereof, or the resultant materials from such movement. MASSIVE LANDSLIDE shall mean a landslide too large to be stabilized by retaining methods or normal control methods. PERMIT shall mean any permit issued pursuant to this Code, together with the application for the same, the conditions upon which it was issued, together with any plans, specifications, reports and approved modifications pertaining thereto. • PERMITTEE shall mean the owner or his authorized agent to whom a Grading Permit is issued. SEDIMENT is the material derived by erosion carried by an agent of erosion. 10 plan. GRADING CONTRACTOR is a contractor licensed and regulated by the State of isCalifornia who specializes in grading work or is otherwise licensed to do grading work. KEY is designed and compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope. LANDSLIDE shall mean the downward and outward movement of soil, rock or fill or a combination thereof, or the resultant materials from such movement. MASSIVE LANDSLIDE shall mean a landslide too large to be stabilized by retaining methods or normal control methods. PERMIT shall mean any permit issued pursuant to this Code, together with the application for the same, the conditions upon which it was issued, together with any plans, specifications, reports and approved modifications pertaining thereto. • PERMITTEE shall mean the owner or his authorized agent to whom a Grading Permit is issued. SEDIMENT is the material derived by erosion carried by an agent of erosion. 10 SITE is any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted. SLOPE is an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. SOIL is naturally occurring surficial deposits overlying bedrock. SOIL ENGINEER is a civil engineer with training and experience in soil mechanics who specializes in the practice of soils and foundation engineering. SOIL ENGINEERING shall mean the application of the principles of soil mechanics in the investigation, testing, evaluation and design of civil works involving the use of earth materials and the evaluation, inspection, and testing of the construction thereof. TERRACE is a relatively level step constructed in the face of a grade slope surface for drainage and maintenance purposes. TRACT is a subdivision of land containing five (5) or more lots. Section 7006. Grading Permit Requirements (a) Permits Required. Except as exempted in Section 7003 of this Code, no person shall do any grading without first obtaining a permit from the • Building Official. A separate permit shall be required for each site and may cover excavation, fills, and paving. (b) Application. The provisions of Section 301(b), 302(a) are applicable to grading and in addition to the application shall state the estimated quantities of work involved. The work shall also conform to the requirements of the flood plane management ordinance. (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. 11 (d) Information on Plans and in Specifications. Plans shall be drawn to scale upon substantial paper or cloth 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; (3) Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction. In a flood plane zone, information concerning habitable floor elevations and flood protection designs shall be included; (4) Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, and other protective devices to be construction with, or • as a part of the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drains; (5) Detailed plans for temporary (during construction) and /or permanent sediment and pollution control facilities. The Building Official may require the inclusion of pollutant traps on the plans and specifications to intercept pollutants draining from the project. (6) Detailed plans for temporary (during construction) and /or permanent sediment and erosion control facilities; (7) Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures or slopes on land of adjacent owners which are within 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. 12 (e) Soil Engineering Report. The soil engineering report required by Subsection (c) 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 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) 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 are applicable to Grading Permits. The Building Official may require that grading operations and project designs be modified to provide for erosion control, including erosion protection devices, if project completion will extend into the rainy season (October 15th through May 15th) or if delays occur which incur weather - generated problems. The plans shall list specific dates for completion of erosion control measures, and further subject to the provisions of Section 7017. In addition to the time limitations as specified in Section 303(d), every permit issued shall be valid for a period of one year from the date thereof. 13 (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 for the alleviation or prevention of excessive dust resulting from the • loading or transportation of earth from or to the project site on public roadways. The permittee shall be responsible for maintaining public right -of -way used for hauling purposes in a condition free of dust, earth, or debris attributed to the grading operation. (2) Loading and transportation of earth from or to the site are subject to the requirements of Section 10.28.040 of the Newport Beach Municipal 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 (3%). There must be a 300 ft. (three- hundred) clear, unobstructed sight distance to the intersection from both the • public roadway and access road. If the three hundred feet (300 ft.) sight distance cannot be obtained, the permittee shall post flagmen as required for traffic safety. (5) A stop sign conforming to the requirements of Section 21400 of the California Vehicle Code shall be posted at the entrance of the access road to the public roadway. (6) An advance warning sign must be posted on the public roadway four - hundred feet (400 ft.) on either side of an access intersection, carrying the words "truck crossing." The sign shall be a diamond shape, each side being thirty (30 in.) in length, shall have a yellow background, and the letters thereon shall be placed six feet (6 ft.) from the edge of the pavement and the base of the sign shall • be five feet (5 ft.) above the pavement level. The advance warning sign shall be covered or removed when the access intersection is not in use. 14 Section 7006.1 (a) Drainage Permits. Where the Building Official determines that existing or proposed construction may alter or has altered drainage conditions so as to create an adverse or dangerous condition, or where existing drainage conditions result in an adverse or dangerous condition, he may require a drainage permit to be obtained for the purpose of preventing or eliminating the adverse or dangerous conditions and require corrective work to be accomplished. (b) Application. The application shall be the same form as the Grading Permit, and shall state that the purpose is for drainage alterations. (c) Plans and Specifications. Plans may be required accurately showing the existing conditions and proposed alterations in sufficient detail to make a determination concerning the conformance to this Code of the proposed alterations. Inspection only may be required by the Building Official where the alterations are of a minor nature. (d) Conditions. •In granting any permit under this Chapter, the Building Official may attach such conditions thereto as may be reasonable and necessary to prevent danger to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create any unnecessary nuisance. Section 7007 (a) Grading Plan Review Fees For excavation and fill on the same site, the fee shall be based on the volume of the excavation or fill, whichever is greater, and shall be as specified in Table 3•G of the Administrative Code. Before accepting a set of plans and specifications for checking, the Building Official shall collect a plan checking fee. Separate permits and fees shall apply to retaining walls over three feet (3 • ft.) in height and additional fees shall be collected for pavement and drainage collection, stabilization and erosion protection 15 devices not exempted in accordance with this Code. There shall be no separate charge for standard terrace drains, standard subdrains, temporary erosions or sediment control devices or similar facilities. (b) Drainage Plan Review Fees. The Building Official may charge a plan • review fee, if in his opinion, the proposed drainage alterations are sufficient in extent to require more than field inspection to ensure code conformance. Fees shall be assessed as specified in Table 3- G of the Administrative Code. (c) Grading Permit Fees. The fee for each Grading Permit shall be as set forth in Table 3 -H. The Grading Permit fees shall be based on the volume of excavation or fill whichever is greater or on the estimated valuation of retaining walls for which no separate permit is required combined with the estimated valuation of any commercial or industrial paving, drainage collection, stabilization and erosion control devices not exempted by this Code. (d) Drainage Permit Fees. A fee for each drainage permit shall be paid to the Building Official. The fee shall be set forth in Table 3 -H • of the Administrative Code. When plans are required for the proposed structure, an additional fee for plan checking shall be paid at the time of submitting the application. Said plan checking fee shall be equal to one -half (1/2) of the fee heretofore established in Table 3 -H of the Administrative Code. Section 7008. Bonds. The Building Official may require bonds in such form and amounts as may be deemed necessary to assure that the work, if not completed in accordance with the approved plans and specifications will be corrected to eliminate hazardous conditions. In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the Building Official in an amount equal to that which would be required in the surety bond. is Section 7009 Cuts. (a) General. Unless otherwise approved by the Building Official and recommended in the approved soil engineering and /or engineering geology report, cuts shall conform to the provisions of this Section. 16 (b) Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use. Cut slopes shall be no steeper than two horizontal to one vertical (2:1). (c) Drainage and Terracing. Drainage and terracing shall be provided as required by Section 7012. • Section 7010. Fills. (a) General. Unless otherwise approved by the Building Official and recommended in the approved soil engineering report, these provisions may be waived for minor fills not intended to support structures, provided such fills are protected against soil erosion in the Newport Bay drainage catchment area. EXCEPTIONS (1) Fills excepted in Section 7003 and where the Building Official determines that compaction is not a necessary safety measure to aid in preventing saturation, settlement, slipping, or erosion of the fill. (2) Where lower density and expansive types of soil exist, then permission for lesser compaction may be granted by the Building Official, upon showing of good cause under the conditions provided • herein. (b) Fill Location. Fill slopes shall not be constructed on natural slopes steeper than two horizontal to one vertical (2:1). (c) Preparation of Ground. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials, scarifying to provide a bond with the new fill, and, where slopes are steeper than five (5) horizontal to one (1) vertical, and the height is greater than five (5) feet, by bending into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than five (5) horizontal to one (1) vertical shall be at least ten (10) feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. 17 Where fill is to be placed over a cut, the bench under the toe of fill shall be at least ten (10) feet wide but the cut must be made before placing fill and approved by the soils engineer and engineering geologist as a suitable foundation for fill. Unsuitable soil is soil which, in the opinion of the Building Official, civil engineer, soils engineer, or geologist, is not competent • to support other soil or fill, to support structures, or to satisfactorily perform the other functions for which the soil is intended. The final report and approval by the soils engineer shall describe the limits and extent of removal of unsuitable materials including a description of the criteria used for determination of the suitable material. (d) Fill Material Earth materials which have not more than minor amounts of organic substances and have no rock or similar irreducible material with a maximum dimension greater than 8 inches shall be used. EXCEPTIONS: The Building Official may permit placement of a larger rock when the soils engineer properly devises a method of placement, continuously inspects its placement, and approves the fill stability. The following conditions shall also • apply (1) Prior to the issuance of the Grading Permit, potential rock disposal area(s) shall be delineated on the grading plan. (2) Rock sizes greater than eight (8) inches in maximum dimension shall be ten (10) feet more below grade, measured vertically. (3) Rocks greater than eight (8) inches shall be placed so as to be completely surrounded by fine grained soils; no nesting of rocks will be permitted. (e) Compaction. All fills shall be compacted to a minimum of 90 percent of maximum density as determined by U.B.C. Standard ASTM D1557 -70 or a more restrictive standard if recommended in the approved soils engineering reports. Field density shall be determined in accordance with U.B.C. Standard No. 70 -2 or equivalent as approved by the Building Official. The Building Official may • require tests of the compressibility and anticipated fill settlement characteristics where more than 10 feet of fill is to be placed. U. The final report and approval by the soils engineer shall contain the type of field testing performed. Each test shall be identified, located, and the method of obtaining the in -place density, either U.B.C. Standard No. 70 -2 or the approved equal, shall be so noted. Sufficient maximum density determinations by test method, U.B.C. Standard •No. 70 -1, ASTM D1557 -70 or the approved method, shall be performed during the grading operations to verify the accuracy of the maximum density curves used by the soils engineer. (f) Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than two horizontal to one vertical. EXCEPTION: The Building Official may authorize a fill to be constructed with an exposed surface steeper than two horizontal to one vertical (2:1) when he finds: the applicant has submitted a soil engineer's report recommending such steeper slope. Such report shall include sufficient soil test data and other information to substantiate slope stability and safety when saturated, and shall • include an evaluation of the creep characteristics of the soils and surficial stability. (g) Drainage and Terracing. Drainage and terracing shall be provided and the area above fill slopes and the surfaces of terraces shall be graded and paved as required by Section 7012. (h) Utility Line Backfill. All backfill in utility line trenches both inside and outside of the building shall be compacted and tested in compliance with Subsection (e) of this section, and the soils engineer shall, observe, test and render an opinion to the Building Official as to whether this backfilling has been satisfactorily accomplished. Alternate methods of filling and reduced compaction requirements may be applied on certain projects when specified by the soils engineer and approved by the Building Official. EXCEPTION: • On single lot projects where no soils engineer was required during grading of the site, the Building Official may waive tested compaction and allow the use of approved material which is relatively self- compacting. This material and the method of placement must be approved prior to backfilling, and trenches utilizing this material must cross foundations at right angles or be located 19 outside a one horizontal to one vertical plane extending from the nearest point of the foundation to the bottom of the trench. Section 7011. Setbacks. (a) General. The setbacks and other restrictions specified by this Section are minimum and may be increased by the Building Official or by the •recommendation of a civil engineer, soils engineer or engineering geologist, if necessary for safety and stability or to prevent damage of adjacent properties from deposition, erosion, or to provide access for slope maintenance and drainage. Retaining walls may be used to reduce the required setbacks when approved by the Building Official. Where natural slopes are involved, setbacks shall be interpreted to include a 2:1 setback plane unless specifically contradicted in the approved reports. (b) Setbacks from Property Lines. The tops of cuts and toes of fill slopes shall be set back from the outer boundaries of the permit area, including slope right -of -way and easements, in accordance with Figure No. 1 and Table No. 70 -D: TABLE 70 -D SETBACKS • H (FF) a b Under 5 0 7 5 - 30 H/2 H/2 Over 30 15 10 • TABLE 70 -D gAthnr4e H (ff) a b Under 5 0 7 5 - 30 H12 H12 Over 30 15 10 PA I 8 TO E OF SLOPE NATRUAL OR FINISH GRADE FIGURE NO. 1 20 TOP PA* OF SLOPE h b NATURAL SLOPE H * PA=PERMIT AREA 1. If the drainage is carried on this side in an unimproved earth swale, the setback from the top of slope (or berm) to the face of the building or projection thereof is 7' -0 ". This may be reduced to the tabular value if an improved drainage device is used. 2. If the slope is flatter than five (5) horizontal to one (1) • vertical, the setback required is 2' -0 ". 3. The tabular valves may be enforced for natural slope conditions as determined by the Building Official. H12 but need not exceed loft maximum H12 but need not exceed 15 ft. maximum • FIGURE NO. 2 Section 7012. 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 ft. in width shall be established at not more than 30 -ft. vertical intervals to control surface drainage and debris. Suitable access shall be provided to permit proper cleaning and maintenance. Swales or ditches on terraces shall have a minimum gradient of six (6) percent and must be paved with reinforced concrete not less than three (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 five (5) feet. A single run of swale or ditch shall not collect runoff from a tributary area exceeding.13,500 sq. ft. (projected) without discharging into a down drain. 21 (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. Disposal. All drainage facilities and grading shall be designed to •(d) carry concentrated and surface sheet flow waters to the nearest practicable drainage way approved by the Building Official and /or other appropriate jurisdiction as a safe place to deposit such waters. All buried pipe shall be constructed of corrosion - resistance material. If drainage facilities discharge onto natural ground, riprap or conversion to sheet flow may be required. Building pads shall have a drainage gradient of two percent (2 %) toward approved drainage facilities, unless waived by the Building Official. EXCEPTION: The gradient from the building pad may be one percent (1 %) if all the following conditions exist throughout the permit area: 1) No proposed fills are greater than 10 ft. in • maximum depth. 2) No proposed finish cut or fill slope faces have a vertical height in excess of 10 ft. 3) No existing slope faces, which have a slope face steeper than 10 horizontally to 1 vertically, have a vertical height in excess of 10 ft. (e) Commercial and Industrial Drainage Standards. Drainage standards for industrial /commercial developments in non -hilly areas shall conform to the following minimum standards: A. Rough Grade Minimum Gradient 1. Earth at rough grade stage 0.5% B. Finished Grade: 1. Earth 1.0% • 2. Asphalt pavement (sheet flow) 1.0% 3. Concrete drain in earth area 0.5% 4. Concrete gutter in asphalt 0.2% paved area. 22 C. When asphalt concrete pavement is recommended for parking lot surfacing or other similar use by the civil engineer or architect, this paving will conform to the following minimum standards unless otherwise approved by the Building Official. For the purpose of this section, use of asphalt concrete (A.C.) aggregate base (A.B.) prime coat, tack coat, and seal coat shall meet the •current standards of the City of Newport Beach and /or the approval of the Building Official, and shall be designed in accordance with any generally accepted pavement design criteria. In the event that the design method is unfamiliar to the Building Official, background material and references as to its use may be required prior to approval. D. In parking lot design, access shall be provided to entrances and exits for pedestrian traffic not affected by concentrated flow. E. Penetration of landscape irrigation water under pavement shall be mitigated through the design process. Section 7013. 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 practicable. The Building Official may require planting and irrigation systems to be installed prior to rough grade approval, and such systems shall be installed prior to final approval. Slope irrigation for tracts may be required to be controlled by automatic systems equipped with an override keyed to continuous soil moisture measurement devices; other projects may be required to have such systems if adverse ground water conditions exist which may be worsened by landscape irrigation where cut slopes are not subject to erosion due to the erosion- resistant character of the materials. Such protection may be omitted if specifically waived by the Building Official. Planting materials and maintenance schedules shall be approved by the Building Official. To assure that cuts and fill slopes will be effectively planted, the preparation and planting should be designed by an experienced landscape planner. Each bank should be planted upon its completion and all planting must be maintained in growing-condition for at least two years or until accepted by the Building Official. e*1 (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 (10) days of the completion of the grading. (c) Other Devices. Where necessary, check dams, cribbing, riprap, or •other devices or methods shall be employed to control erosion and provide safety. Absence of specific measures on the plans shall be accompanied by a statement on the plans by the Building Official that none are needed. (d) Permanent desilting facilities may be required by the Building Official where undue siltation of Newport Bay may result. (e) Minimum size of temporary basins shall be established by the uniform soil loss equation. If all weather cleanout capability in the basin is not provided, greater capacity will be required. (f) Both sheet flow and concentrated flow areas shall be considered in design of erosion control system. In addition, sediment control shall include provisions for both low flow volume as well as intense rainfall conditions. (g) Erosion control shall be coordinated with sites contiguous to the • permit area to achieve effective control. Section 7014. Grading Inspection (a) General. All grading operations for which a permit is required shall be subject to inspection by the Building Official. When required by the Building Official, special inspection of grading operations and special testing shall be performed in accordance with the provisions of Section 306 of the Administrative Code and Subsection 7014 (d) of this chapter. Erosion control devices shall be installed, inspected, and approved by the Building Official prior to the rainy season (October 15th through May 15th.) (b) Grading Designation. Grading in commercial and industrial areas, tracts, or potentially hazardous areas and all grading in excess of 5000 cubic yards shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as "engineered grading." Grading • involving less than 5000 cubic yards shall be designated "regular grading" unless the permittee, with the approval of the Building Official, chooses to have the, grading performed as "engineered grading." The Building Official may require a survey at the completion of regular grading to ensure compliance with drainage requirements. 24 I'll (c) Engineered Grading Requirements. For engineered grading, it shall be the responsibility of the civil engineer who prepares the approved grading plan to incorporate all recommendations from the soil engineering and engineering geology reports into the grading plan. He shall also be responsible for the professional inspection and approval of the grading within his area of technical specialty. This responsibility shall include, but need not be limited • to, inspection and approval as to the establishment of line, grade, and drainage of the development area. The civil engineer shall act as the coordinating agent in the event the need arises for liaison between the other professionals, the contractor, and the Building Official. The civil engineer shall also be responsible for the preparation of revised plans and the submission of as- graded plans upon completion of the work. The grading contractor shall submit, on a form prescribed by the Building Official, a statement of compliance to said as- graded plan. Soil engineering and engineering geology reports shall be required as specified in Section 7006. During grading all necessary reports, compaction data, soil engineering, and engineering geology recommendations shall be • submitted to the civil engineer and the Building Official by the soil engineer and the engineering geologist. The soil engineer's area of responsibility shall include, but need not be limited to, the professional inspection and approval concerning the preparation of ground to receive fills, testing for required compaction, stability of all finish slopes, and the design of buttress fills, where required, incorporating the data supplied by the engineering geologist. The engineering geologist's area of responsibility shall include, but need not be limited to, professional inspection and written approval of the adequacy of natural ground for receiving fills, the stability of cut slopes with respect to geological matters, and the need for subdrains or other ground water drainage devices. He shall report his findings to the soils engineer and the civil engineer for engineering analysis. The Building Official shall inspect the project at the various stages of the work requiring certification and at any other time deemed necessary to determine that adequate control is being exercised by the professional consultants. P41 (d) Regular Grading Requirements. The Building Official may require inspection and testing by a qualified soil engineer. The soil engineer's responsibility shall include, but need not be limited to, approval concerning the inspection of cleared areas and benches to receive fill, and the compaction of fills. •When the Building Official has cause to believe that geologic factors may be involved, the grading operations will be required to conform to 'engineering grading' requirements.' (e) Notification of Noncompliance. If, in the course of fulfilling their responsibility under this Chapter, the civil engineer, the soil engineer, the engineering geologist, or the test agency finds that the work is not being done in conformance with this Chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the Building Official. Recommendations for corrective measures, if necessary, shall be submitted. (f) Transfer of Responsibility for Approval. If the civil engineer, the soils engineer, the engineering geologist, or the contractor are changed during • the grading, then work shall be stopped until: (1) The owner submits a letter of notification verifying the change of the responsible professional, with a copy so noted, to be sent to the prior. responsible professional; and (2) The new responsible professional submits in writing, that he assumes all responsibility within his area of expertise as of a specified date. Also, he must state he has reviewed all prior reports and /or plans (specified by date and title) and work performed, or by the previous responsible person; concurs with the former findings, conclusions, and recommendations, and is satisfied with the work performed provides recommendations for the required remedial work necessary for his acceptance. All exceptions must be justified. (g) Site Inspection by the Building Official. (1) Site Inspection and Pre - Inspection: • Prior to the approval of any building or grading plans and specifications, the Building Official may inspect the site to determine that the plans and specifications are current and reflect existing conditions. 26 (2) Inspection of Excavation and Fills: The permittee or his agent shall notify the Building Official when the grading operation is ready for each of the following inspections: (a) Pre - Grading Inspection. When the permittee is ready to begin work, but not less than two (2) days before any grading or • brushing is started; (b) Toe Inspection. After the natural ground or bedrock is exposed and prepared to receive fill, but before fill is placed; (c) Excavation Inspection. After the excavation is started, but before fill is placed; (d) Fill Inspection. After the fill placement is started, but before the vertical height of the fill exceeds ten (10) feet; (e) Drainage Device Inspection. After forming of terrace drains, or after placement of pipe in subdrains, but before any concrete or filter material is placed; • (f) Rough Grading. When all rough grading has been completed. This inspection may be called for at the completion of rough grading without the necessity of the Building Official having previously reviewed and approved the reports; (g) Final. When all work, including installation of all drainage structures and other protective devices has been completed and the as- graded plan, professional written approval, and the required reports have been submitted. (3) Revised Grading Plan: If the Building Official finds the soil or other conditions not as stated in the application for a Grading Permit, he may refuse to approve further work until approval is obtained for a revised grading plan which will conform to the existing conditions. 27 (4) Other Inspections: The provisions of Section 304(e) of the Administrative Code shall apply to all grading work being done without a permit and whenever the Building Official determines that the work does not comply with the terms of the permit or this code, or that the soils or other conditions are not as stated on this • permit, he may order the immediate cessation of all work thereunder, and such work shall cease until such corrections shall be complied with. (5) Prior to the issuance of Building Permits for a graded site, the rough grading shall be completed to the satisfaction of the responsible engineers, engineering geologist, and the Building Official unless otherwise approved by the Building Official. (6) Whenever any work on which inspections are required is covered or concealed by additional work without first having been inspected, • any persons engaged in the doing or causing of such work to be done. Any such persons shall forthwith stop such work until authorized by the Building Official to proceed with the work. The Administrative Code provisions of Sections 201, 202 and 203 as amended, shall be construed to apply to grading construction work. Section 7015. Completion of Work. (a) final Reports. Upon completion of the rough grading work and at the final completion of the work, the Building Official may require the following reports, drawings, and supplements thereto. H the Building Official shall require, by written notice, that such work be exposed for examination. The work of exposing and recovering shall not entail or be subject to expense by the City of Newport Beach, and shall be the sole expense of the Permittee. • (7) Authority to Stop Work: Whenever any building work or grading is being done contrary to the provisions of this Code, the Building Official may order the work stopped by notice in writing, served on • any persons engaged in the doing or causing of such work to be done. Any such persons shall forthwith stop such work until authorized by the Building Official to proceed with the work. The Administrative Code provisions of Sections 201, 202 and 203 as amended, shall be construed to apply to grading construction work. Section 7015. Completion of Work. (a) final Reports. Upon completion of the rough grading work and at the final completion of the work, the Building Official may require the following reports, drawings, and supplements thereto. H (1) An as- graded grading plan prepared by the civil engineer, including original ground surface elevations, lot drainage patterns and locations, and elevations of all surface and sub- surface drainage facilities. He shall provide written approval that the work was done in accordance with the final • approved grading plans. (2) A soil grading report prepared by the soils engineer, including locations and elevations of field density tests, summaries of field and laboratory tests and other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the soils engineering investigation report. He shall provide written approval as the adequacy of the site for the intended use. (3) A geologic grading report prepared by the engineering geologist, including a final description of the geology of the site, including any new information disclosed during the • grading, and the effect of same on recommendations incorporated in the approved grading plan. He shall provide written approval as the adequacy of the site for the intended use as affected by geologic factors. (B) Notification of Completion. The permittee or his agent shall notify the Building Official when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices and all erosion control measures have been completed in accordance with the final approved grading plan and the required reports have been submitted. The permittee or his agent shall also furnish evidence to the Building Official that all slopes, debris basins or other erosion control devices will be maintained. Temporary devices shall be removed prior to completion. • Section 7016. Alternate Methods The provisions of this chapter are not intended to prevent the use of any material or method of construction not specifically prescribed, provided any such alternate has been approved pursuant to this section. W The Building Official may approve any such alternate provided he finds that the proposed design is satisfactory and complies with the provisions of this Chapter and that the material, method, or work offered is for the purpose intended at least the equivalent of that prescribed in this Chapter in quality, strength, effectiveness, and safety. •The Building Official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. Whenever there is insufficient evidence of, compliance with the provisions of this Chapter or evidence that any material or any construction does not conform to the requirements of this Code, or in order to substantiate claims for alternate material or methods of construction, the Building Official may require tests by an approved agency as proof of compliance to be made at the expense of the owner or his agent. 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 (2) years • after the acceptance of the grading. Section 7017. Denial of Permit (a) Hazardous grading. The Building Official shall not issue a permit in any case where he finds that the work as proposed by the applicant is liable to constitute a hazard to the public welfare, endanger life or any private property, result in the deposition of debris on any public way, interfere with any existing drainage course, or cause any excess siltation in any natural river, stream, drainage course, or in Newport Bay. (b) Geological or Flood Hazard. If, in the opinion of the Building Official, the land area for which grading is proposed is subject to geological or flood hazards to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property, the Grading Permit and the Building Permits for habitable structures shall be 0 denied. ca (c) Environmental Effect, Mitigation. The Building Official may require plans and specifications to be modified in order to mitigate anticipated adverse environmental effects at proposed grading projects and he may, under circumstances where significant adverse effects of a proposed grading project cannot be mitigated, deny the issuance of a grading permit. When a categorical exemption is not appropriate for a site of proposed grading work, the City shall is cause to be prepared an initial study, which shall be submitted to the Building Official. If the initial study shows that no significant adverse environmental effects will result from the project, a negative declaration may be issued. The Building Official shall cause the site to be posted and the members of the City Council notified regarding the issuance of the negative declaration. Appeal of the Building Official's determination to issue a negative declaration shall be set forth in the State EIR Guidelines, Title 14, Section 15000 et seq., California Administrative Code. The Building Official may charge a fee to a permit applicant for the preparation and processing of environmental documentation. Section 7018. Placing Excavated Material. • (a) Unauthorized Dumping Prohibited. No person shall dump, move, or place any earth, sand, gravel, rock, stone, construction debris, or other excavated material so as to cause the same to be deposited upon or to roll, flow, or wash upon or over any public place or way, or upon or over the premises of another without the express consent of the owner of each such premises so affected. Such consent shall be in writing and in a form acceptable to the Building Official. (b) Removal of Misplaced Material. When, unauthorized dumping described in (a) occurs, the person responsible for the dumping, or the permittee, shall remove the material within forty -eight (48) hours. In case of non - compliance, the Building Director may order removal, and the cost of such removal shall be paid to the City by the person who failed to remove the material, or by the permittee. Section 7019. Denuding Natural Ground Cover. Except for a written order of the Fire Marshal, no person shall denude and destroy the natural cover of any watershed except for the immediate use of the denuded area for construction or reconstruction purposes. 31 SECTION 2. 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 3. This Ordinance shall be published once in the official newspaper of the City and the same shall be effective 30 days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 26th day of March . 1990, and was adopted on the 9th day of April. . 1990, by the following vote to wit: AYE, COUNCIL MEMBERS TURNER, WATT, SANSONE, HART, STRAUSS, COX NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS ELUMMER ATTEST: Wpo Ci y Clerk: 32 i