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HomeMy WebLinkAbout1604 - Uniform Building Code0 • • ORDINANCE NO. 1604 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.04 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE UNIFORM BUILDING CODE, 1973 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 amended to read: "Chapter 15.04 BUILDING CODE Sections: 15.04.010 Adoption of Uniform Building Code. 15.04.020 Addition of Section 103.5 to the Building Code. 15.04.030. Addition of Section 109 to the Building Code. 15.04.040 Addition of Section 109 to the Building Code. 15.04.050 Addition of Section 110 to the Building Code. 15.04.060 Amendment to Section 201 of the Building Code. 15.04.070 Amendment to Section 204 of the Building Code. 15.04.080 Amendment to Section 205 of the Building Code. 15.04.090 Amendment to Table No. 3 -A of the Building Code. 15.04.100 'Addition to Section 301(e) to the Building Code. 15.04.110 Addition to Section 303(e), (f), (g), (h) to the Building Code. 15.04.120 Addition to Section 308 to the Building Code. 15.04.130 Amendment to Section 505(d) of the Building Code. 15.04.140, Amendment to Section 506(a) of the Building Code. 15.04.150 Amendment to Table 5 -A of the Building Code. 15.04.160 Addition of Section 1501 to the Building Code. 15.04.170 Addition of Section 1507 to the Building Code. 15.04.180 Amendment to Section 1807(a) of the Building Code. 15.04.190 Amendment to Section 1807(b) of the Building Code. 15.04.200 Amendment to Section 1807(m) of the Building Code. 15.04.210 Amendment to Section 35 of the. Building Code, Sound Transmission Control Noise Insulation Standards. 15.04.220 'Addition of Subsection 12 of Section 30802(b) to the Building Code. 15.04.230 Amendment to Appendix Chapter 70 of the Building Code, Excavation and Grading. 15.04.010 Adoption of Uniform Building Code. Subject to the particular additions, deletions and amendments hereinafter set forth in this Chapter, the rules, regulations, provisions and conditions set forth in that certain Code entitled 'Uniform Building Code, 1973 Edition, Volume 1' and 'Uniform Building Code Standards, 1973 Edition' respectively, published by the International Conference of Building -1- Officials, and the whole thereof, including the appendix thereto, except Chapter 51, 'Elevators, Dumbwaiters, Escalators and Moving Walks,' three (3) full printed copies of which, printed as a Code in book form, were by.the City Council ordered filed and which have been 10\ actually filed in the Office of the City Clerk and which, as so on file are hereby referred to, adopted and made a part hereof as fully and for all intents and purposes as though set forth herein at length, shall be and the same are hereby established and adopted as the rules, regulations, provisions and conditions to be observed and followed in the erection, constructidn, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures in the City providing for issuance of permits and collection of fees therefor; providing penalties for violation of such Code, declaring and estab- lishing fire zones, except as in this Code modified, amended or otherwise changed; and subject to said additions, deletions and amend- ments hereinafter set forth, said Code is hereby established and adopted and the same shall be designated, known and referred to as the 'Building Code' of and for the City of Newport Beach. 15.04.020 Addition of Section 103.5 to the Building Code. Section 103.5 is added to the Building Code, hereinbefore adopted in Section 15.04.010, 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 is regulated by Title 17 of this Code; provided, however, all construction, alteration, moving, demolition, repair and use of any building or structure located upon, in or over said waters shall comply with the standards established in the Building Code. No person shall do any such work with- out complying with the provisions thereof.' 15.04.030 Addition of Section 108 to the Building Code. Section 108 is added to the Building Code, hereinbefore adopted in Section 15.04.010, to read: • 'Sec. 108 Trailer Use and Occupancy. A. Location Restricted to Parks. No person shall place, stand, locate or park any occupied automobile trailer, house trailer, mobile home, camper, or other -2- } a C. Temporary Construction Use. An automobile trailer, house trailer, mobile home, camper, or similar vehicle may be located, occupied and used on premises in the City where construction work is in progress for the purpose of a construction office or for tempo- rary lodging in connection with the construction work. type of vehicle designed for human habitation any place within the City of Newport Beach, except in a trailer park or mobile home park operating under a current permit issued pursuant to Parts 2 and 2.1, Division 13, of the Health and Safety Code of the State of California, and subject to a use permit as provided in Title 20 of the City Code. • B. Use and Occupancy. No person,shall use or occupy or permit the use or occupancy of any auto- mobile trailer, house trailer, mobile home, camper or similar vehicle owned by him or under his control for any residential or business purposes at a fixed location within the City of Newport Beach other than within a trailer park or mobile home park operating under a current permit issued pursuant to Parts 2 and 2.1, Division 13, of the Health and Safety Code of the State of California, and subject to a use permit as provided in Title 20 of the City Code. C. Temporary Construction Use. An automobile trailer, house trailer, mobile home, camper, or similar vehicle may be located, occupied and used on premises in the City where construction work is in progress for the purpose of a construction office or for tempo- rary lodging in connection with the construction work. 15.04.040 Addition of Section 109 to the Buildinq Code. Section 109 is added to the Building Code, hereinbefore adopted in • Section 15.04.010, to read: 'Sec. 109 Dwelling Floor Area. No building permit -3- Any person seeking such use or occupancy shall apply for a permit therefor from the Building Official. Such permit shall be issued only when the use and occupancy comply with other provisions of this Code and upon a determination by the Building Official that under the circumstances of the particular case, the proposed use or occupancy will not adversely affect the health, peace, comfort, morals; or welfare of the proposed occupants or the public. Such permit shall be revocable under a de- termination by the Building Official that the actual use does adversely affect the health, peace, comfort, morals or welfare of the occupants or the public. Revocation shall be effected by the Building Official only after five (5) days' written notice to the permittee and an opportunity for the permittee to be heard. Notice may be by ordinary mail to the last known address of the permittee. Any aggrieved person may appeal any decision of the Building Official to grant, deny or revoke a permit to the City Council. The City Council shall de- cide 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 ordinary mail to the last known address of each. D. Minimum Trailer Ground Area. The minimum area of ground that must be provided in a trailer park or mobile home park in the City of Newport Beach for the exclusive use of each house trailer, mobile home or unit and its appurtenances, is 875 square feet.' 15.04.040 Addition of Section 109 to the Buildinq Code. Section 109 is added to the Building Code, hereinbefore adopted in • Section 15.04.010, to read: 'Sec. 109 Dwelling Floor Area. No building permit -3- shall be issued for, and no person shall erect, construct or move into the City, any dwelling unit which contains less than 600 square feet of floor area. In computing the floor area, garage space shall not be included therein. 15.04.050 Addition of Section 110 to the Building Code. • Section 110 is added to the Building Code, hereinbefore adopted in Section 15.04.010, to read: 'Sec. 110 Chemical Toilets for Construction Work. No person shall begin any construction project of any kind in the City without first providing one chemical toilet equipped with a seat and cover and a separate urinal, complying with the provisions of this section, on the site of the construction for the first fifteen (15) employees or part thereof and one for each addi- tional 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. The structure housing such toilet or toilets must have an inside area of 15 square feet for each toilet, a minimum ceiling height of 6 feet 6 inches, and a smooth floor not less than 6 inches above ground level. All facilities must be above ground level. All facilities must be kept clean and sanitary and supplied with.toilet paper. All such facilities must be pumped out and recharged with a nonirritating chemical frequently enough to prevent odors or overflowing. All facilities required herein must be maintained during the period of construction. The Building Official may spe- cify 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 surrounding property.' 15.04.060 Amendment to Section 201 of the Building Code. Section 201 of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: 'Sec. 201 There is hereby established in the City the Building Division of the Community Development Depart- ment. The Building Division shall be under the juris- diction of the Building Official.' 15.04.070 Amendment to Section 201 of the Building Code. Section 204 of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: 'BOARD OF APPEALS Sec. 204 In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretation of the pro- is vision of this Code, there shall be and is hereby required a Board of Appeals consisting of seven (7) members who are qualified by experience and training to pass upon matters pertaining to building construction. The Building Official shall be an ex- officio member and shall act as secretary of the Board. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt reasonable rules and regulations for conducting its -4- a � a investigations and shall render all decisions and findings in writing to the Building Official with the duplicate copy to the appellant and may recommend to the City Council such new legislation as is consistent therewith. Fees for an appeal hearing before the Board of • Appeals are hereby established to be Seventy -Five Dollars.($75.00), payable at the time the applicant submits his request for a hearing. Should the appli- cant desire to withdraw his request prior to a public hearing, 80% of the fee paid shall be refunded in accordance with City ordinances.' 15.04.080 Amendment to Section 205 of the Building Code. Section 205 of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: 'Sec. 205 Violations and Penalties. Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed Five Hundred Dollars ($500.00), or by imprisonment in the County Jail for a period not to exceed six (6) months, or by both such fine and impris- onment. Each separate day or any portion thereof during which any violation of this Code occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed • to be a permit for, or an approval of, any violation of any of the provisions of this Code. No permit presuming to give authority to violate or cancel the provisions of this Code shall be valid, except insofar as the work or use which it authorizes is lawful. The issuance or granting of a permit or approval of plans shall not prevent the Building Official from there- after requiring the correction of errors in plans and specifications or from preventing construction operations being carried on thereunder when in violation of this Code or of any other ordinance or from revoking any Certificate of Approval when issued in error.' 15.04.090 Amendment to Table No. 3 -A of the Building Code. Table No. 3 -A of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: 'TABLE NO. TOTAL VALUATION $1.00 to $500.00 • $501.00 to $2,000.00 $2,001.00 to $25,000.00 - BUILDING PERMIT FEES FEE $6.00 $6.00 for the first $500.00, plus $1.20 for each additional $100.00 or fraction thereof, to and including $2,000.00 $24.00 for the first $2,000.00, plus $4.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 -5- e • • TOTAL VALUATION $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $500,001.00 and up FEE $116.00 for the first $25,000.00, plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $191.00 for the first $50,000.00, plus $2.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $291.00 for the first $100,000.00, plus $1.50 for each additional $1,000.00 or fraction thereof $891.00 for the first $500,000.00, plus $1.00 for each additional $1,000.00 or fraction thereof.' 15.04.100 Addition to Section 301(e) to the Buildina Code. Subsection (e) of Section 301 is added to the Building Code, hereinbefore adopted in Section 15.04.010, to read: '(e) Permit and Fees for Lathing, Plastering and Drywall Installation. No person shall do any lathing and plastering, or any drywall installation, in or upon any building or structure where the amount of such work is more than 20 square yards, without first obtaining a permit for such work from the Building Official. A separate permit shall be obtained for each building on which such work is to be done.' 15.04.110 Addition to Section 303(e), (f); (g) and (h) to the Building Code. Subsections (e), (f), (g) and (h) of Section 303 are added to the Building Code, hereinbefore adopted in Section 15.04.010, to read: '(e) Lathing and Plastering Fee. The fees to be paid for the issuance of a permit for lathing and plastering, and for drywall installation shall be $3.00, plus one cent (1¢) per square yard. (f) Other Fees. For any inspection or investi- gation of any use, occupancy, change in use or occu- pancy, and building or structure or any other work not otherwise covered herein by any Newport Beach City Ordinance which is requested by any owner, agent, agency or other person ..... $25.00. Whenever any work for which a permit is required • under the provisions of this Code has been commenced, constructed or completed without the authorization of such permit, a special investigation may be required before a permit will be issued for such work in order to determine whether the work done complied with Code requirements. In addition to the regular permit fees, an investigation fee of $30.00 shall be collected where such investigation is found to be necessary. No permit shall be issued when an investigation fee is due until such fee has been paid. (g) Surrender of Permit. If no portion of the work or construction covered by a permit issued by the Building Official under the provisions of this Code has been commenced, the person to whom such permit has been issued may deliver such permit to the Building Official with a request that such permit be canceled. The Building Official shall thereupon stamp or write on the face of such permit the words "Canceled at the request of the Permittee." Thereupon such permit shall be null and void and of no effect. (h) Refunds. In the event that any person shall have obtaine building permit and no portion of the work or construction covered by such permit shall have • been commenced and such permit shall have been canceled either as provided for in Subsection (d) of Section 302 or Subsection (f) of this section, the permittee, upon presentation to said Building Official of a request therefor, in writing on a special form, shall be entitled to a refund in an amount equal to 80 percent of the permit fee actually paid for such permit. The Building Official shall make no refunds on fees collected amounting to Six Dollars ($6.00) or less. The Building Official shall satisfy himself as to the right of such applicant to such refund and each such refund shall be paid as provided.by law for the payment of claims against the City. No refund shall be made on permits more than one (1) year old. No portion of the plan- checking fee shall be refunded, unless no checking has been performed on a set of plans, in which case 80 percent of the plan- checking fee shall be refunded.' 15.04.120 Addition of Section 308 to the Buildina Code. Section 308 is added to the Building Code, hereinbefore adopted in Section 15.04.010, to read: . 'Sec. 308 Geological Engineering Reports. The Building Official may require a geological or engi- neering report, or both, where in his opinion such reports are essential for the evaluation of the safety of the site. A geological report shall be prepared by -7- The payment of the investigation fee shall not except any person from compliance with the provisions of this Code nor from any penalty prescribed by law. • The provisions of this section shall not apply to emergency work when it shall be proved to the satisfaction of the Building Official that such work was urgently required and that it was not practical to obtain a permit therefor before the commencement of the work. In all such cases a permit must be obtained as soon as it is practical to do so, and any work which has been concealed shall be exposed for inspection if such inspection is necessary. If there is an unreasonable delay in obtaining such a permit, an investigation fee as herein provided shall be charged. (g) Surrender of Permit. If no portion of the work or construction covered by a permit issued by the Building Official under the provisions of this Code has been commenced, the person to whom such permit has been issued may deliver such permit to the Building Official with a request that such permit be canceled. The Building Official shall thereupon stamp or write on the face of such permit the words "Canceled at the request of the Permittee." Thereupon such permit shall be null and void and of no effect. (h) Refunds. In the event that any person shall have obtaine building permit and no portion of the work or construction covered by such permit shall have • been commenced and such permit shall have been canceled either as provided for in Subsection (d) of Section 302 or Subsection (f) of this section, the permittee, upon presentation to said Building Official of a request therefor, in writing on a special form, shall be entitled to a refund in an amount equal to 80 percent of the permit fee actually paid for such permit. The Building Official shall make no refunds on fees collected amounting to Six Dollars ($6.00) or less. The Building Official shall satisfy himself as to the right of such applicant to such refund and each such refund shall be paid as provided.by law for the payment of claims against the City. No refund shall be made on permits more than one (1) year old. No portion of the plan- checking fee shall be refunded, unless no checking has been performed on a set of plans, in which case 80 percent of the plan- checking fee shall be refunded.' 15.04.120 Addition of Section 308 to the Buildina Code. Section 308 is added to the Building Code, hereinbefore adopted in Section 15.04.010, to read: . 'Sec. 308 Geological Engineering Reports. The Building Official may require a geological or engi- neering report, or both, where in his opinion such reports are essential for the evaluation of the safety of the site. A geological report shall be prepared by -7- • • an engineering geologist. The report shall contain a finding regarding the safety of the building site for the proposed structure against hazard from land- slide, settlement or slippage. An engineering report shall be prepared by an engineer experienced in soil mechanics. When both a geological and an engineering report are required for the evaluation of the safety of a building site, the two reports shall be coordinated before submission to the Building Official.' 15.04.130 Amendment to Section 505(d) of the Building Code. Section 505(d) of the Building Code, hereinbefore 'adopted in Section 15.04.010, is amended to read: '(d) Area Separation Walls. Each portion of a building protected by an automatic fire - extinguishing system throughout conforming to the requirements of U.B.C. Standard No. H-1 and separated by one or more area separation walls may be considered a separate building, provided the area separation walls meet the following requirements: 1. Area separation walls shall be not less than four -hour fire- resistive construction in Types I, II or III buildings and two -hour fire - resistive construc- tion in Types IV or V buildings. The total width of all openings in such walls shall not exceed 25 percent of the length of the wall in each story. All openings shall be protected by a fire assembly having a three- hour fire- protection rating in four -hour fire - resistive walls and one and one - half -hour fire - protection rating in two -hour fire - resistive walls. 2. Area separation walls need not extend to the outer edges of horizontal projecting elements such as balconies, roof overhangs, canopies, marquees or archi- tectural projections provided the exterior wall at the termination of the area separation wall and the projecting elements above are not less than one -hour fire - resistive construction for a width equal to the depth of the pro- jecting elements. Wall openings within such widths shall be protected by assemblies having a three - fourths -hour fire - protection rating. 3. Area separation walls shall extend from the foundation to a point at least 30 inches above the roof. EXCEPTIONS: 1. Area separation walls may terminate at the roof soffit provided the roof is. of at least two -hour fire - resistive construction. 2. Two -hour area separation walls may termi- nate at the underside of roof sheathing provided that the roof has at least one -hour fire- resistive time period for a width of not less than 5 feet on each side of the area separation wall termination. 3. Two hour area separation walls may termi- nate at roofs of entirely noncombustible construc- tion. 4. Where an area separation wall separates portions of a building having different heights, such wall may terminate at a point 30 inches above the lower roof level provided the exterior wall for a height of 10 feet above :zap ME the lower roof is of one -hour fire - resistive construc- tion with openings protected by assemblies having a three - fourths -hour fire protection rating. EXCEPTION: The area separation wall may terminate at the sheathing of the lower roof provided the roof is of at least one -hour fire- resistive construction for a width of 10 feet without openings measured from the wall. See Chapters 6 to 16 inclusive for special occupancy provisions. (See U.B.C. Standard No. 43: -7 for fire dampers in air ducts piercing area separations.).' 15.04.140 Amendment to Section 506(a) of the Building Code. Section 506(a) of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: 'Sec. 506(a) General. The floor area specified in Section 505 may be increased in buildings, protected by an automatic fire - extinguishing system throughout conforming to the requirements of the U.B.C. Standards No. 38 -1 by one of the following: 1. Separation on two sides. Where public space, streets or yards more than 20 .feet in width extend along and adjoin two sides of the building, floor areas may be increased at a rate of one and one - fourth percent (1 1/4%) for each foor by which the minimum width exceeds 20 feet, but the increase shall not exceed 50 percent. 3. Separation on all sides. Where public space, streets or yards more than 20 feet in width extend on all sides of a building and adjoin the entire perimeter, floor areas may be increased at a rate of five percent (5,%) for each foot by which the minimum width exceeds 20 feet. Such increases shall not exceed 100'percent, except for buildings not exceeding two stories in height of Group G Occupancy and one -story buildings housing aircraft storage hangars and as further limited in Section 1002(b) for aircraft repair hangars.'. 15.04.150 Amendment to Table 5 -A of the Building Code. Table 5 -A of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to change the description of occupancy Class 2, Group -J only. All other portions of Table 5 -A not hereinafter speci- fically amended shall be adopted as published. 'Group -J. Description of Property - Class 2. 2. Separation on three space, streets or yards more sides. Where than 20 feet public in width extend along and adjoin three sides of the building, floor areas may be increased by a rate of two and one -half percent (2 1/2 %) for each foot by which the minimum width exceeds 20 feet, but the increase shall not exceed 100 percent. 3. Separation on all sides. Where public space, streets or yards more than 20 feet in width extend on all sides of a building and adjoin the entire perimeter, floor areas may be increased at a rate of five percent (5,%) for each foot by which the minimum width exceeds 20 feet. Such increases shall not exceed 100'percent, except for buildings not exceeding two stories in height of Group G Occupancy and one -story buildings housing aircraft storage hangars and as further limited in Section 1002(b) for aircraft repair hangars.'. 15.04.150 Amendment to Table 5 -A of the Building Code. Table 5 -A of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to change the description of occupancy Class 2, Group -J only. All other portions of Table 5 -A not hereinafter speci- fically amended shall be adopted as published. 'Group -J. Description of Property - Class 2. • • Fences over three (3) feet in height and higher, tanks and towers.' 15.04.160 Amendment to Section 1501 of the Building Code. Section 1501 of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: 'Sec. 1501 Group -J Occupancies shall be: Division 1. Private garages, carports sheds and agricultural buildings. Division 2. Fences over three (3) feet high, tanks and towers.' For occupancy separations see Table No. 5 -B. For occupant load see Section 3301.' 15.04.170 Addition of Section 1507 to the Buildinq Code. Section 1507 is added to the Building Code, hereinbefore adopted in Section 15.04.010: 'Sec. 1507 Fencing Required. Every swimming pool, pond or other body of water eighteen (18) inches or more in depth at any point shall be surrounded by a fence or wall not less than five (5) feet above the adjacent exterior grade. Such fence or wall shall be constructed and maintained with no openings nor projections which could serve as a means to scale same. Openings between vertical members shall be no wider than five (5) inches and horizontal members, accessible from the exterior, shall be no closer than 48 inches. There shall be sufficient distance from any structure, shrubbery or grade which could be used to scale the fence or wall. Chain link fence is not approved. EXCEPTION NO. 1: Any pool which directly fronts on a stream, river, Newport Bay or the Pacific Ocean. EXCEPTION NO. 2: Any pool located at.a hotel or motel which has staff on continuous duty, seven (7) days a week, twenty -four (24) hours a day. Gates and doors opening through such enclosures shall be self - closing and self - latching with release five (5) feet above exterior grade or so located on the pool side as to prevent release from the exterior. EXCEPTION NO. 1: Door opening into a dwelling or apartment. EXCEPTION NO. 2: When approved by the Building Official, municipal or public school operated pools or ponds when under continuous supervision while gates or doors are unlocked. Except for single family residences, the fence or walls • shall be so located as to allow access to all living units without entering the pool enclosure. The fence or walls shall serve to isolate the pool from other activities or structures and shall be located within fifty (50) feet of the pool. Gates in such enclosures shall be located in view of the pool. A building wall with no doors or openable, unscreened windows with sills under five (5) feet in height, may be used in part of -10- 0 Ll • • such pool enclosures when within the specified distance of the pool. EXCEPTION: When approved by the Building Official, such enclosures may include sunshade, toilet or shower structures which are used only in conjunction with the pool.' 15.04.180 Amendment to Section 1807(a) of the Building Code. Section 1807(a) of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: 'SPECIAL PROVISIONS FOR GROUP F, DIVISION 2 OFFICE BUILDINGS AND GROUP H OCCUPANCIES Sec. 1807(a) Scope. These requirements apply to buildings housing Group F, Division 2 Occupancies used primarily as offices and.to Group H Occupancies. Such buildingsha,�ingfloors used for human occu- pancy located more than 55 feet above the lowest level of Fire Department vehicle access shall conform to the requirements of this section in addition to other appli- cable requirements of this Code.' 15.04.190 Amendment to Section 1807(b) of the Building Code. Section 1807(b) of the Building Code, hereinbefore adopted in Section 15.04.010, is omitted. 15.04.200 Amendment to Section 1807(m) of the Building Code. Section 1807(m) of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: '(P.:) Fire Sprinkler System. Sprinkler protection conforming to the following shall be provided in all buildings covered by this section. 1. The sprinkler system is hydraulically designed using the parameters set forth in U.B.C. Standard No. 38 -1 and the following: (i) Shutoff valves and waterflow devices shall be provided on each floor. In addition to actuating a local alarm on the floor upon which the water flow is de- tected, such valves shall be supervised by a continuously manned control station or by a central station (ii) The sprinkler system shall be looped between standpipe risers at the bottom, top and mid - height of all buildings with a maxi- mum of 20 stories served by any loop. The installation of check valves shall be approved by the Building Official. (iii) Piping may be copper or steel with no minimum size of pipe required. Solder used in connections shall contain not less than 90 per- cent tin and 5 percent antimony. -11- (iv) Pitching of lines is not required. (v) A minimum of two fire pumps indepen- dently driven shall be provided and sized for the sprinkler demand and for a minimum of 500 gallons per minute Fire Department standpipe operations. (vi) An on -site supply of water equal to a 20- minute demand or 15,000 gallons on a combined • sprinkler and standpipe, whichever is the smaller, shall be provided. This supply shall be available automatically if the principal supply fails. (vii) Operation of the sprinkler system shall activate the voice communication system. 2. When the automatic sprinkler system described above is installed, the following reductions from the requirements of this Code are permitted: (i) The fire - resistive time periods set forth in Table No. 17 -A may be reduced by one hour for interior bearing.walls, exterior bearing and non- bearing walls, roofs and the beams supporting roofs, provided they do not frame into columns. All office building partitions required to be of one - hour fire - resistive construction by Table No. 17 -A and Section 3304(g) may be of noncombustible con- struction without a fire - resistive time period. 11- Openings in corridor walls shall be protected by tight - fitting, self - closing doors that need not have a fire - resistive time period. In Group H Occupancies, corridor and dwelling unit or guest room, separation may be reduced to one -half hour. (ii) The 1 1/2 inch hose lines and nozzles • may be omitted. (iii) Travel distance to a horizontal exit or to an enclosed stairway may be 300 feet. (iv) Smoke -proof enclosures may be eliminated if each required stairway is pressurized as provided in Section 3309(h) to .15 inch of water column. (v) Spandrel protection required by Section 1807(b) may be omitted.' 15.04.210 Amendment to Section 35 of the Building Code, Sound Transmission Control Noise /Insulation Standards. Chapter 35 of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: 'CHAPTER 35 SOUND TRANSMISSION CONTROL / NOISE INSULATION STANDARDS Sec. 3501 Noise Insulation Standards. (a) Purpose. The purpose of this Chapter is to establish uniform minimum noise insulation performance standards to protect persons within new residential structures from the effects of excessive noise, including but not limited to, hearing loss or impairment and persistent interference with speech and sleep. (b) Application and Scope. The provisions of this -12- Rev. 4/18/75 Chapter.relating to noise insulation performance standards apply to new I and H Occupancies. (c) Definitions. The following special defini- tions shall apply to this Chapter as applicable: (1) Impact Insulation Class (ITC) - A • single number rating for ceiling -floor construction that represents the ability of the construction to isolate impact noise, where measurement procedure is based on ASTM E492 -73T and as defined in U.B.C. Standard No. 35 -2. (2) Sound Transmission Class (STC) - A single figure rating for floor - ceiling and interior wall partition construction that represents the ability of the construction to isolate airborne noise, where measurement procedure is based on ASTM E90 -70 or ASTM E366 -71 and as defined in U.B.C. Standard No. 35 -1. (d) Sound Transmission Control Between Dwelling Units. The provisions of this section shall apply on to apartment houses, condominiums, attached single- family dwellings, hotels, motels and dwellings other than detached single - family dwellings. (1) Wall and Floor- Ceting Assemblies. Wall and floor - ceiling assemblies separating dwelling units or guest rooms from each other and from public space, such as interior corridors and service areas, shall provide airborne sound insulation for walls, and both airborne and impact sound insulation for floor - ceiling assemblies. (2) Airborne Sound Insulation. All such sepa- rating walls and floor - cuing assemblies shall provide an • airborne sound insulation equal to that required to meet a Sound Transmission Class (STC) of 50 (45 if field tested) as defined in U.B.C. Standard No. 35 -1. Penetrations or openings in construction assemblies for piping, electrical devices, recessed cabinets, bathtubs, soffits, or heating, ventilating or exhaust ducts shall be sealed, lined, insulated or otherwise treated to maintain the required'ratings. Dwelling unit entrance doors, exterior or from interior corridors, together with their perimeter seals, shall have a Sound Transmission Class (STC) rating of not less than 30 and such perimeter seals shall be main- tained in good operating condition. (3) Impact Sound Insulation. All separating floor- ceilingassemblies between separate units or guest rooms shall provide impact sound insulation equal to that required to meet an Impact Insulation Class (IIC) of 50 (45 if field tested) as defined in U.B.C. Standard No. 35 -2. Floor coverings may be included in the assembly to obtain the required rating, and must be retained as a permanent part of the assembly and may only be replaced by other floor covering that provides the same sound insulation required above. -13- Rev. 4/18/75 (4) Tested Assemblies. Field or laboratory tested • wall or floor - ceding designs have an STC or IIC of 50 -13- Rev. 4/18/75 or more as determined by U.B.C. Standard 35 -1, 35 -2 or 35 -3 may be used without any additional field testing when, in the opinion of the Building Officials, the laboratory tested design has not been compromised by flanking paths. Test may be required by the Building Official when evidence of compromised separations is noted. . (5) Field Testing and Certification. Field testing, when required, shall be done under the super- vision of a professional acoustician.who shall be experi- enced in the field of acoustical testing and engineering, who shall forward certified test results to the Building Official showing that the minimum sound insulation re- quirements stated above have been met. (6) Airborne Sound Insulation Field Tests. When required, airborne sound insulation shall be deter- mined according to the applicable Field Airborne Sound Transmission Loss Test procedures of U.B..C. Standard 35 -3. All sound transmitted from the source room to the receiving room shall be considered to be transmitted through the test partition. (7) Impact Sound Insulation Field Test. When required, impact sound insulation shall be`determined in accordance with U.B.C. Standard No. 35 -2. (e) Noise Insulation from Exterior Sources. The provisions of this section apply to all residential structures. (1) Location and Orientation. Consistent with land use standards, residential structures located in noise critical areas, such as proximity to select system of county roads and city streets (as specified in Section 186.4 • of the State of California Streets and Highway Code), rail - roads, rapid transit lines, airports, or industrial areas, shall be designed to prevent the intrusion of exterior noises beyond prescribed levels with all exterior doors and windows in the closed position. Proper design shall include, but shall not be limited to, orientation of the residential structure, set - backs, shielding, and sound insulation of the building itself. (2) Interior Noise Levels. Interior community noise equivalent levels (CNEL) with windows closed attri- butable to exterior sources shall not exceed an annual CNEL of 45 dB in any habitable room. (3) Airport Noise Source. Residential structures to be located within an annual CNEL contour (as defined in Title 4, Subchapter 6, California Administrative Code) of 60 require an acoustical analysis showing that the structure has been designed to limit intruding noise to the prescribed allowable levels. CNEL's shall be as determined by the local jurisdiction in accordance with its local general plan. (4) vehicular and Industrial Noise Sources. Resi- dential buildings or structures to be located within exterior community noise equivalent level contours of 60 dB of an existing or adopted freeway, expressway, major street, thorough- fare, railraod, or rapid transit line shall require an acoustical • analysis showing that the proposed building has been designed to limit intruding noise to the allowable interior noise levels prescribed in Section 1098(e) (2). Exception: Railroads where there are no nighttime (10:00 p.m. to 7:00 a.m.) railway operations and where daytime (7:00 a.m, to 10:00 p.m.) railway -14- operations do not exceed four per day. (f) .Compliance. (2) Field Testing. When inspection indicates that the construction is not in accordance with the approved design, field testing may be required. Interior noise measurement shall be taken under conditions of typical maxi- mum exterior noise level within legal limits. A test report showing compliance or noncompliance with prescribed interior allowable levels shall be submitted to the Building Official.' 15.04.220 Addition of Subsection 12 of Section 30802(b) to the Building Code. Subsection 12 of Section 3802(b) is added to the • Building Code, hereinbefore adopted in Section 15.04.010, to read: '12. In all occupancies when the building has floors used for human occupancy located more than 55 feet above the lowest level of fire department vehicle access; however, the respective increase for area and height specified in Sections 506 and 507 shall be permitted.' 15.04.230 Amendment to Appendix Chapter 70 of the Building Code, Excavation and Grading. Appendix Chapter 70 of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: `CHAPTER 70 . EXCAVATION AND GRADING Purpose Sec. 7001. The purpose of this Chapter is to safeguard life, limb, property and the public welfare by regulating grading on private property. • Scope Sec. 7002. This Chapter sets forth rules and regulations to control excavation, grading and earthwork construction, including -15- Rev. 4/18/75 (1) Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of • acoustical engineering, with the application for building permit. The report shall show topographical relationship of noise sources and dwelling site, identification of noise sources and their characteristics, predicted noise spectra at the exterior of the proposed dwelling structure con- sidering present and future land usage, basis for the pre- diction (measured or obtained from published data), noise attenuation measures to be applied, and an analysis of the noise insulation effectiveness of the proposed construc- tion showing that the prescribed interior noise level requirements are met. If interior allowable noise levels are met by requiring that windows-be unopenable or closed, the design for the structure must also specify the means that will be employed to provide ventilation, and cooling if necessary, to provide a habitable interior environment. (2) Field Testing. When inspection indicates that the construction is not in accordance with the approved design, field testing may be required. Interior noise measurement shall be taken under conditions of typical maxi- mum exterior noise level within legal limits. A test report showing compliance or noncompliance with prescribed interior allowable levels shall be submitted to the Building Official.' 15.04.220 Addition of Subsection 12 of Section 30802(b) to the Building Code. Subsection 12 of Section 3802(b) is added to the • Building Code, hereinbefore adopted in Section 15.04.010, to read: '12. In all occupancies when the building has floors used for human occupancy located more than 55 feet above the lowest level of fire department vehicle access; however, the respective increase for area and height specified in Sections 506 and 507 shall be permitted.' 15.04.230 Amendment to Appendix Chapter 70 of the Building Code, Excavation and Grading. Appendix Chapter 70 of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: `CHAPTER 70 . EXCAVATION AND GRADING Purpose Sec. 7001. The purpose of this Chapter is to safeguard life, limb, property and the public welfare by regulating grading on private property. • Scope Sec. 7002. This Chapter sets forth rules and regulations to control excavation, grading and earthwork construction, including -15- Rev. 4/18/75 fills and embankments; establishes the administrative procedure for issuance of permits;,and provides for approval of plans and inspection of grading construction Permits Required • Sec. 7003. 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 finished grade for basements and footingsof 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 completion of such structure; 2. Cemetery graves; 3. Refuse disposal sites controlled by other regulations; 4. Excavations for wells or tunnels or utilities; 5. Mining, quarrying, excavating, processing stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property; 6. Exploratory excavations under the direction • of soil engineers or engineering geologists; 7. An excavation which does not exceed 50 cubic yards on any one site and which (a) is less than two (2) feet in vertical depth, or (b) which does not create a cut slope greater than five (5) feet in vertical height and steeper than one and one -half (1 1/2) horizontal to one (1) vertical; 8. A fill which does not exceed 50 cubic yards on any site and which (a) is less than one (1) foot in vertical depth placed on natural terrain with a slope flatter than five (5) horizontal to one (1) vertical or (b) less than three (3) feet in vertical depth, not intended to support structures, placed on terrain with a slope flatter than five (5) horizontal to one (1) vertical, and which does not obstruct a drainage course. PROVIDED: No person shall construct, reconstruct, alter, repair or install any structure in any natural water course without a grading permit. Further, an excavation or fill within: (1) a public sewer, water main or storm drain ease- ment, or (2) which shall encroach on or alter a natural drainage channel or water course, shall require a grading permit. Hazards • Sec. 7004. Whenever the Building Official determines by inspection that any existing excavation, fill or natural slope on pri- vate property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation, fill or natural slope is located, or other person or agent in control -16- of said property, upon receipt of notice in writing from the Building Official shall within the period specified correct such condition in accord with the requirements and conditions set forth in such notice so as to eliminate the hazard and be in conformance with the requirements • of this Code. Sec. 7004.2 Hazard Abatement Proceedings. Whenever the Building Official has inspected or caused to be inspected any existing excavation, fill or natural.slope and has found and determined that such excavation, fill or natural slope is a hazard, as provided in Section 7004, he shall commence proceedings to cause to be repaired . said excavation, fill or natural slope. (a) Notice and Order. The Building Official shall issue a notice and order directed to the record owner of the property concerned. The notice and order shall contain: (4) Statements advising that if any required repair or other work to eliminate the hazard caused by the excavation, fill or natural slope has not commenced within the time specified, the Building Official (i) will order the property upon which the excavation, fill or natural slope is located to be vacated until the work is completed and (ii) may proceed to cause the work to be done and charge the costs thereof against the property or its owner; (5) Statements advising (i) that any person having any record title or legal interest in the • property may appeal from a notice and order or any action of the Building Official to the Board of Appeals, provided the appeal is made in writing as provided in this Code, and filed with the Building Official within thirty (30).days from the date of service of such notice and order; and (ii) that -17- (1) The street address and a legal description sufficient for which identification of the premises upon which the excavation, fill or natural slope is located; (2) A statement that the Building Official has found the excavation, fill or natural slope to be dangerous with a brief and concise descrip- tion of the conditions found to render the exca- vation,.fill or natural slope dangerous, (3) A statement of the action required to be taken as determined by the Building Official so as to eliminate the hazard and be in conformance with this Code. If the Building Official has determined that the excavation, fill or natural slope is an immediate hazard to life or limb to any person or persons residing in, using, or occu- pying any building or structure, the Building Official may order said building or structure vacated until such time as the excavation, fill or natural slope condition has been corrected to eliminate the hazard; (4) Statements advising that if any required repair or other work to eliminate the hazard caused by the excavation, fill or natural slope has not commenced within the time specified, the Building Official (i) will order the property upon which the excavation, fill or natural slope is located to be vacated until the work is completed and (ii) may proceed to cause the work to be done and charge the costs thereof against the property or its owner; (5) Statements advising (i) that any person having any record title or legal interest in the • property may appeal from a notice and order or any action of the Building Official to the Board of Appeals, provided the appeal is made in writing as provided in this Code, and filed with the Building Official within thirty (30).days from the date of service of such notice and order; and (ii) that -17- failure to appeal will constitute a waiver of all right to an administrative hearing, and determination of the matter. (b) Service of Notice and Order. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner, and,posted on the • property; and one copy thereof shall be served on each of the following if known to the Building Official or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the land involved. The failure of the Building Official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this Section. (c) Method of Service. Service of the notice and order shall be made upon all .persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt required, to each such person at his address as it appears on the last equalized assessment roll of the county or as known to the Building Official. If no address of any such person so appears or is known to the Building Official, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the land involved in the proceedings. The failure of any.such person to receive such notice shall not affect the validity of any proceedings taken under this Section. Service by certified mail in the manner herein provided shall be effective on the date of mailing. (d) Proof of Service. Proof of service of the notice and order shall be certified to at the time of service by a person effecting service, declaring the time, date and manner in which service was made. The declaration, together .with any receipt card returned in acknowledgedment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the Building Official. Sec. 7004.4 Recordation of Notice and Order. If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the Building Official shall file in the office of the County Recorder a certificate describing the property and certifying that (i) an excavation, fill or natural slope has become a hazard and (ii) the owner has been so notified. Whenever the corrections ordered shall thereafter have been completed so that a hazard no longer exists, as described in the certificate, the Building Official shall file a new certificate with the County. Recorder certifying that the hazard has,been eliminated and that the condition of the property is no longer a hazard. • Sec. 7004.6 Standards to be Followed. The following standards shall be followed by the Building Official (and by the City Council if an IFM appeal is taken) in ordering the correcting of the hazard: (a) Any property declared to be a hazard because of an excavation, fill or natural slope shall be repaired in accord with the standards in this Code; (b) If the land is in such a condition as to make it immediately dangerous to the life, limb, . property or safety of the public, immediate steps shall be taken to alleviate the hazard and any structures or buildings located on the property, or endangered by the property, shall be ordered to be vacated. Sec. 7004.8 Notice to Vacate. (a) Posting. Every notice to vacate shall, in addition to being served as provided in Section 7004.4(b), be posted at or upon each exit of the building to be vacated, and shall be substantially in the following form: 'DO NOT ENTER UNSAFE TO OCCUPY It is a misdemeanor to occupy this building, or to remove or deface this notice. Building Official City of Newport Beach.' (b) Compliance. Whenever such notice is posted, the Building Official shall include a notification thereof in the notice and order issued by him under subsection (a) of Section 7004.2, reciting • the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under pezmit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a Certificate of Occupancy issued.pursuant to the provisions of the Uniform Building Code. Any person violation this subsection shall be guilty of a misdemeanor. Sec. 7004.8 Appeal Procedure, Procedure.for Conduct of Hearing Appeals, Enforcement of the Order of the Building Official or Board of Appeals, Performance of Work of Repair Demolition, and Recovery Of Costs of Repair Demolition shall be the same as in Chapters 6 through 9, inclusive, Uniform Code for the Abatement of Dangerous Buildings, 1973 Edition, adopted by the City of Newport Beach. • Sec. 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 engineering or geological opinion concerning the progress and completion of the work. -19- Rev. 4/18/75 L completion of grading. AS- GRADED is the surface conditions extent on BEDROCK is in -place 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. 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. mechnical means. COMPACTION is the densification of a fill by EARTH MATERIAL is any rock, natural soil or fill and /or any combination thereof. State to practice engineering geology in the field of civil works. ENGINEERING GEOLOGY shall mean the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works. EROSION is the wearing away of the ground surface as a result of the movement of wind, water and /or ice. material. artificial means. surface. EXCAVATION is the mechanical removal of earth FILL is a deposit of earth material placed by GRADE shall mean the vertical location of the ground EXISTING GRADE is the grade prior to grading. ROUGH GRADE is the stage at which the grade approximately conforms to the approved plan. -20- ENGINEERING GEOLOGIST shall mean a professional geologist registered in the State as a geologist and certified by the State to practice engineering geology in the field of civil works. ENGINEERING GEOLOGY shall mean the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works. EROSION is the wearing away of the ground surface as a result of the movement of wind, water and /or ice. material. artificial means. surface. EXCAVATION is the mechanical removal of earth FILL is a deposit of earth material placed by GRADE shall mean the vertical location of the ground EXISTING GRADE is the grade prior to grading. ROUGH GRADE is the stage at which the grade approximately conforms to the approved plan. -20- FINISH GRADE is the final grade of the site which conforms to the approved plan. GRADING is any excavating or filling or combi- nation thereof. KEY is a designed 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. 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. 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 incli- nation of which is expressed as a ratio or horizontal distance to vertical distance. overlying bedrock. SOIL is naturally occurring surficial deposits SOIL ENGINEER is a civil engineer experienced 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, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof. • TERRACE is a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. Sec. 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 grading permit from the -21- Building Official. A separate permit shall be required for each site, and may cover both excavations and fills. (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 loca- tion of the work and the name and address of the owner and the person by whom they were prepared. The plans shall include the following informa- tion: (1) General vicinity of the proposed site. (2) Property limits and accurate contours of existing ground and details of terrain and area drainage. • (3) Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainge channels and related construction. (4) Detailed plans of all surface and subsurface drainage devices, walls, cribbing; dams and other pro- tective devices to be constructed with, or as a part of, the proposed work together with a map showing the drain- age area and the estimated runoff of the area served by any drains. (5) Detailed plans for temporary (during construc- tion) and /or permanent desilting. facilities. (6) Location of any buildings or structures on the Property where the work is to be performed and the loca- - tion of any buildings or structures on land of adjacent owners which are within 15 feet of the property or which may be affected by the proposed grading operations. Specifications shall contain information cover- ing construction and material requirements. (7) 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) shall include data regarding the nature, distribution and strength of existing soils, conclusions and recom- mendations for grading procedures and design criteria for corrective measures when necessary, and opinions and recam endations covering adequacy of sites to be developed by the proposed grading. -22- (b) Application. The provisions of Section 301 (b) are applicable to grading and in addition the application shall state the.estimated quan- tities of work involved. • (c) Plans and Specifications. When required by the Building Official, each application for a grading permit shall be accompanied by two sets of plans and, specifications, and supporting data consisting of a soil engineering report and engineering geology report. The plans and specifications shall be prepared and signed by a civil engineer when required by the Building Official. (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 loca- tion of the work and the name and address of the owner and the person by whom they were prepared. The plans shall include the following informa- tion: (1) General vicinity of the proposed site. (2) Property limits and accurate contours of existing ground and details of terrain and area drainage. • (3) Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainge channels and related construction. (4) Detailed plans of all surface and subsurface drainage devices, walls, cribbing; dams and other pro- tective devices to be constructed with, or as a part of, the proposed work together with a map showing the drain- age area and the estimated runoff of the area served by any drains. (5) Detailed plans for temporary (during construc- tion) and /or permanent desilting. facilities. (6) Location of any buildings or structures on the Property where the work is to be performed and the loca- - tion of any buildings or structures on land of adjacent owners which are within 15 feet of the property or which may be affected by the proposed grading operations. Specifications shall contain information cover- ing construction and material requirements. (7) 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) shall include data regarding the nature, distribution and strength of existing soils, conclusions and recom- mendations for grading procedures and design criteria for corrective measures when necessary, and opinions and recam endations covering adequacy of sites to be developed by the proposed grading. -22- Recommendations included in the report and approved by the Building Official shall be incorporated in 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, 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 in the grading plans or specifications. (g) Issuance. The provisions of Section 302 are applic- able to grading permits. The Building Official may require that grading operations and project designs be modified if delays occur which incur weather generated problems not considered at the time the permit was issued, and further subject to the provisions of Section 7017. In addition to the time limitations as specified in Section 302(d), every permit issued shall be valid for a period of one year from the date thereof. (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 mist be applied for the alleviation or prevention of excessive dust resulting from the loading or transportion of earth from or to the project site on public roadways. The permittee shall be responsible for maintaining public rights - of-way used for handling purposes in a condition free of dust, _ earth, or debris attributed to the grading operation. • (2) Loading and transportation of earth fron or to the site are subject to the requirements of Section 10.28.040 of the Newport Beach Municipal Code. (3) Access roads 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 (3) percent. There mist be a three hundred (300) foot clear, unobstructed sight distance to the intersection from both the public roadway and the access road. If the three hundred (300) foot sight distance cannot be obtained, flagmen shall be posted. (5) A stop sign conforming to the requirements of Section 21400 of the California Vehicle Code shall be posted at the entrance of the access road to the public roadway. (6) An advance warning sign must be posted on the public roadway four hundred (400) feet on either side of the access intersection, carrying the words "truck crossing." The sign shall be a diamond in shape, each side being thirty (30) inches in length, shall have a yellow back- ground and the letters thereon shall be five (5) inches in height. The sign shall be placed six (6) feet from the edge of the pavement and the base of the sign shall be five (5) feet above the pavement level. The advance warn- ing sign shall be covered or removed when the access inter- section is not in use. -23- J • • (i) Conditions. In granting any permit under this Chapter, the Building Official may attach such conditions thereto as may be reasonably 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 un- necessary nuisance. Section '7007. Plan- checking Fee. (a) For excavation and fill on the same site, the fee shall be based on the volume of the excavation or fill, whichever is greater. Before accepting a set of plans and specifications for checking, the Building Official shall collect a plan- checking fee. Separate per- mits and fees shall apply to retaining walls, major drainage structures and other improvements as indicated in Section 303 of this Code. There shall be no separate charge for standard terrace drains and similar facilities. The amount of the plan- checking fee for grading plans shall be as set forth in Table 70 -A. The plan checking fee for a grading permit autho- rizing additional work to that under a valid permit shall be the dif- ference between such fee paid for the original permit and the fee shown for the entire project. (b) Grading Pexmit Fees. A fee for each grading Permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project.. TABLE 70 -A. PLAN CHECKING FEES 50 cubic yards or less . . . . . . . . . . . . . . $ 5.00 51 to 100 cubic yards . . . . . . . . . . 10.00 101 to 1,000 cubic yards. . . . . . . . . . . 15.00 1,001 to 10,000 cubic yards. . . . . . . . . . 20.00 10,001 to 100,00 cubic yards . . . 20.00 for the first 10,000 cubic yards plus $10.00 each additional 10,000 cubic yards or fraction thereof 100,001 to 200,000 cubic yards 110.00 for the first 100,000 cubic yards plus $6.00 for each additional 10,000 cubic yards or fraction thereof 200,001 cubic yards or more . 170.00 for the first 200,000 cubic yards plus $2.50 for each additional 10,000 cubic yards or fraction thereof No additional fee shall be paid for checking cor- rections required on the plans. -24- 0 TABLE,70 -B. GRADING PERMIT FEES 100 cubic yards or less . . . . . . . . . . . . $ 25.00 101 to 1000 cubic yards . . . . . . 25.00 for the first 100 cubic yards plus $9.00 for each additional 100 cubic yards or fraction thereof 1001 to 10,000 cubic yards . . . . . . . . . . . 106.00 for the first 1,000 cubic yards plus $9.00 for each additional 1,000 cubic yards or fraction thereof 10,001 to 100,000 cubic yards . . . . . . . . . . . 187.00 for the first 10,000 cubic yards plus $37.00 for each additional 10,000 cubic yards or fraction thereof 100,001 cubic yards or more . . . . . . . . . . 520.00 for the first 100,000 cubic yards plus $20.DO.for each additional 10,000 cubic yards or fraction thereof 70 -C For structures or improvements in connection with grading and plan checking with respect thereto: Estimated Cost of Structure Fee Less than $20 . . . . . . . . . . . . . . . . . . . . No Fee $20, to and including $100 . . . . . . . . . . . $2.00 • Pbre than $100, to and including $400 . . . . . . $3.00 More than $400, to and including $700 $5.00 More than $700, to and including $1,000 . . . . $6.00 Each additional $1,000 or fraction, to and including $25,000 . . . . . . . . . . . . . . . $3.00 Each additional $1,000 or fraction, to and including $50,000 . . . . . . . . . . . . . . $2.50 Each additional $1,000 or fraction, to and including $100,000 . . . . . . . . . . . . . . . $1.50 Each additional $1,000 or fraction, more than $100,000 . . . . . . . . . . . . . $1.00 When plans are required for the proposed struc- ture, 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 70-C. No additional fee shall be paid for checking cor- rections required on the plans. (Resolution No. 8265, June 10, 1974). • -25- 6 Sec. 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 specifica- tions, 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. Sec. 7009. Cuts. (a) General. Unless otherwise recommended in the approved soil engineering and /or engineering geology report cuts shall conform to the provisions of this Section. (b) Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use. Cut slopes shall be no steeper than two horizontal to one vertical (2:1), unless the soil engineer can justify to the Building Official that the gross and surficiai stability will not be reduced at a steeper inclination. (c) Drainage and Terracing. Drainage and terrac- ing shall be provided as required by Section 7012. Sec. 7010. Fills. (a) General. Unless otherwise approved by the Building Official and recommended in the approved soil engineering report, these provisions nay be waived for minor fills not intended to support structures. 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 erosions 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 goal cause under the conditions provided herein. (b) Fill Location. Fill slopes shall not be con- structed on natural slopes steeper than two to one or where the fill slope toes out within 12 feet horizontally of the top of existing or planned cut slopes. (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) to one (1), and the height is greater than five (5) feet, by benching 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) to one (1) 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. • Where fill is to be placed over a cut, the bench under the tae of fill shall be at least 1. (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. Unsuit- able soil is soil which, in the opinion of the Building Official or the Civil Engineer or the Soils Engineer or the 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. -26- (d) Fill Material. Earth materials which have no 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 place- ment of 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 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 maximun dimension shall be ten (10) feet or more below grade, measured vertically. (3) Rocks greater than eight (8) inches shall be placed so as to be ccarpletely surrounded by fine grained soils; no nesting of rocks will be permitted. (e) Compaction. All fills shall be compacted to a minimmn of 90 percent of maximxn density as determined by U.B.C. Standard. No. 70 -1. Field density shall be determined in accordance with U.B.C. Standard No. 70 -2 or equivalent as approved by the Building Official. The final report and approval by the soils engi- neer shall contain the type of field testing performed. Each test shall be identified, located, and the method of obtaining the inplace density, either U.B.C. Standard No. 70 -2 or the approved equal, shall be so noted. . Sufficient max;anm density determinations by test method, U.R.C. Standard No. 70 -1, shall be performed during the grad- ing 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 which report includes sufficient soil test data and other informa- tion to substantiate slope stability and safety when saturated. (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 ot the building shall be can - pacted and tested in compliance with Subsection (e) of this section and the soils engineer shall verify to the Building Official that this backfilling has been satisfactorily accomplished. Alternate methods of filling and reduced compaction requirerents 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 wa s 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. -27- Sec. 7011. Setbacks. The tops and the toes of cut and fill slopes shall be set back from property boundaries as far as necessary for safety of the adjacent properties and to prevent damage resulting from water runoff or erosion of the slopes. The tops and the toes of cut and fill slopes shall be • set back from structures as far as is necessary for adequacy of foundation support and to prevent damage as a result of water runoff or erosion of the slopes. Unless otherwise approved by the Building Official based on recorrmendations in the approved soil engineering and /or engineerinq geology report and shown on the approved grading plan, setbacks shall be no less than shown in Table No. 70-C. Retaining walls may be used to reduce the required setback when approved by the Building Official. b w P. L. TABLE NO. 70- C � broinuge device rec'y he required by the ilu iding y Officiol. P.L. Note! Property line refers to the a exterior property line of the poreel under permit. SLOPE SE "i BACK FROM PROPERLY LINCE Fro ce of Bldg. footing or other footing PL dl it Face f building cr projection -thereof n I _d Note: Note= See footnotes for other H criteria which may effect T_� C _ setbacl, from top of slope. BUILDING SETEA�K FROhI SLOPES 1. If 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 thareof is 7' -011. This may be reduced to the tabular roue zr an ic,proved drainage device is used. 2. The' footings may be set closer to the top of slope or on the slope if deepened to provide the minimum tabular setback, measured horizontall; f'ron the bottom of the footing to the face of slope, and s required for stability. 3. If the slope is flatter than five (5) horizontal to one (1) vertical, the setback required is .21-011., 4. The tabular values may be enforced for natural slope condit ion- as determined by the Building Official, -28- Rev. 4/18/75 Required llir•,inmm Sstbeck H Fill Slooes Cut Slopes V1 .t. -° 3 !hl cr ! rdt 62 I ° � h c I d1 tl?_ 0 -10 H/2 3'i_121H/`2.3'?. :in1 5 Hi< 3'r�21Hi2- ti?rin 5 10 -30 ?J 31 H/2 1-11/2. 10'[Acy 1 5 131 1 -I/2 1 H12I0'.1t,; Over 30 1 5 131 15 10 1 5 3 15 10 1. If 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 thareof is 7' -011. This may be reduced to the tabular roue zr an ic,proved drainage device is used. 2. The' footings may be set closer to the top of slope or on the slope if deepened to provide the minimum tabular setback, measured horizontall; f'ron the bottom of the footing to the face of slope, and s required for stability. 3. If the slope is flatter than five (5) horizontal to one (1) vertical, the setback required is .21-011., 4. The tabular values may be enforced for natural slope condit ion- as determined by the Building Official, -28- Rev. 4/18/75 -29- Sec. 7012. Drainage and Terracing. (a) General. Unless otherwise indicated on the approved grading plan, drainage facilities and terracing shall eon- form 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 per- mit proper cleaning and maintenance. Stwales or ditches on terraces shall have a mini - man gradient. of six (6) percent and must be paved with reinforced con- crete not less than three (3) inches in thickness or an approved equal paving. They shall have a mininnim depth at the deepest point of eithteen (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 square feet (projected) without discharging into a down drain. (c) Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability. (d) Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainage way approved by the Building Official and/or other appropriate jurisdic- tion as a safe place to deposit such waters. If drainage facilities discharge onto natural ground, riprap may be required. At least two percent gradient toward approved drainage facilities from building pads will be required unless waived by the Building Official for nonhilly terrain. Exception: The gradient from the building pad may be one percent where building construction and erosion control will be completed before hazardous conditions can occur. (e) Commercial and industrial drainage standards. Drainage standards for industrial/ccammeroial developments in non - hilly areas shall conform to the following minimman 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) 0.5% 3. Concrete drain in earth area 0.5% 4. Concrete gutter in asphalt 0.2% paved area C. When asphalt concrete pavement is recamtnded for parking lot surfacing or other similar use by the Civil Engineer or Architect, this paving will conform to the following minimm standards unless otherwise approved by the Building Official. For the purpose of this section, asphalt concrete (A.C.), aggregate base (A.B.) prime coat, tack coat, seal coat shall meet the current standards of the City of Newport Beach and /or • the approval of the Building Official. -29- D. Parking lots: PaVement Structural Section Parking stall areas 3 "AC /6 "AB • Ccmmrcial driveways, perimeter drives and loading areas 3 "AC/10 "AB Industrial driveways, perimeter drives and loading areas 3 "Ye/12 "AB Subgrade preparation shall conform to the provisions of Section 7010(e). Exception: In lieu of the above miniimmi sections, the recommendations of the site Soils Engineer, when approved by the Building Official, may be used. Sec. 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 and prior to calling for final approval. Where cut slopes are not subject to erosion due to the erosion- resistant character of the materials, such protection may be omitted. Planting materials and maintenance schedules shall be approved by -lie Building Official. (b) Other Devices. Where necessary, check dams, cribbing, riprap or other devices or methods shall be onployed to control erosion and provide safety. • Sec. 7014. Grading Inspection. (a) General. All grading operations for which a per- mit is required shall be e7 ct to inspection by the Building Offi- cial. When required by the Building Official, special inspection of grading operations and special testing shall be performed in accord - ance with the provisions of Section 305 and Subsection 7014(c). (b) Grading Designation. 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 grad - ing performed as "engineered grading." (c) Engineered grading requirements. Fbr engineered grading, it shall be the respons brlrty fo_the iC vil Engineer who prepares the approved grading plan to incorporate all reeoamendations 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 grading plans upon completion of the work. The grading contractor shall sub- mit in a form prescribed by the Building Official a statement of com- pliance to said as -built plan. Rev. 4/18/75 -30- Y Soil engineering and engineering geology reports shall be required as specified in Section 7006. During grading all necessary reports, compaction data and soil engineering and engi- neering geology reccimpndations shall be submitted to the civil engi- neer 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 roncerning the preparation of ground to receive fills, test- ing for required compaction, stability of all finish slopes and the design of buttress fills, where required, incorporating data sup- plied 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 and 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 more frequent intervals necessary to determine that adequate control is being exercised by the professional consultants. (d) Regular Grading Requirements. The Building Official may require inspection and_testing by an approved testing agency. The testing agency's responsibility shall include, but need rot be limited to, approval concerning the inspection of cleared areas and benches to receive fill, and the conpaction 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 Noncoupliance. If, in the course of fulfilling their responsibility under this Chapter, the civil engi- neer, the soil engineer, the engineering geologist or the testing agency finds that the work is not being done in confornance with this Chapter or the approved grading plans, the discrepancies shall be reported imnediately in writin g to the person in charge of the grad- ing 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 testing ager_cy of record are changed during the course of the work, the 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 purview 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 by the prior responsible profes- sional; concurs with findings, conclusions, and recommendations, and is satisfied with the work performed. 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. -31- • (2) Ition of excavation and fills: the n2i 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 per - mittee 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 exca- vation is started, but before the vertical depth of the excavation exceeds ten (10) feet. D. Fill Inspection. After the fill place- ment is started, but before the vertical height of the fill exceeds ten (10) feet. E. Drainage device inspection. After form- ing of terrace drains, downdrains, or after placement of pipe in subdrains, but before any concrete is placed or filter material. 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 loving previously reviewed and approved the reports. G. Final. When all work, including instal- lation of all drainage structures and other pro- tective 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 ob- tained for a revised grading plan which will conform to the existing conditions. (4) Other Inspections: The provisions of Section 304(e) shall apply to all grading work 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 immedi- ate cessation of all work thereunder, and such work shall cease until such corrections shall be conplied with. (5) Prior to the issuance of building permits for a graded site, the rough grading shall be com- pleted to the satisfaction of the responsible engineers, engineering geologist, and the Building Official. (6) Whenever any work on which inspections are required is covered or concealed by additional work without first having been inspected, the Build- ing 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 to the City of Newport Beach, and shall be the sole expense of the Permittee. -32- • • (7) Authority to Stop Work: Whenever any building work or grading, is beutg 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, and any such persons shall forthwith stop such work until authorized by the Building Official to proceed with the work. The provisions of Sections 201, 202, 203, and 205, as amended, shall be construed to apply to grading construction work. Sec. 7015. Coupletion of Work. (a) Final Reports. Upon capletion of the rough grading work and at the final cmpletion of the work the Building Official may require the following reports and drawings and supple- ments thereto: (1) An as- graded grading plan prepared by the Civil Engineer, including original ground surface elevations, as- graded 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 plan. (2) A soil grading report prepared by the Soils Engineer, including locations and elevations of field density tests, smmries of field and laboratory tests and other substantiating data, and caments on any changes made during grading and their effect on the recannendations made in the soils engineering investi- gation report. He shall provide written approval as to the adequacy of the site for the interned use. (3) A geologic grading report prepared by the engineering geologist, including a final description of the geology of the site, including any new informa- tion disclosed during the grading, and the effect of same on reca:mendations incorporated in the approved grading plan. He shall provide written approval as to the adequacy of the site for the interned use as affected by geologic factors. (b) Notification of Corrgletion. The perntittee or his agent shall notify the Building Official when the grading opera- tion 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. Sec. 7015. Alternate methods. The provisions of this chapter are not intended to prevent the use of any material or method of construction not specifically prescribed by this chapter, provided any such alternate has been approved pursuant to this section. 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. -33- The Building Official shall require that sufficient evidence or proof be sutmitted to substantiate any claims that may be made regard- ing its use. Whenever there is insufficient evidence of cmipliance" • with the provisions of this chapter or evidence that any material or any construc- tion 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 as proof of compliance to be made at the expense of the owner or his agent by an apporved agency. Test methods shall be specified by this chapter for the material in question. If there are no 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. Sec. 7017. Denial of Permit. (a) Hazardous grading. The Building Official shall not issue a permit in any case where he finds that the snrk as pro- posed 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, or interfere with any existing drainage course, cause any excess siltation in any natural river, streams, drain- age course, or Newport Bay. If it can be shown to the satisfaction of the Building Official that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, drainage devices or by other means, the Building Official may issue the permit with the condition that such work be performed. (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 cnrk can eliminate or sufficiently reduce the hazard to human life or property, the grading permit and the building permits for habitable structures shall be denied. (c) Environmental effect, modification. The Building Official may require plans and specifications to be ified in order to mitigate anticipated adverse environmental effects of proposed grad- ing projects and he may, under circumstances where the significant ad- verse envirormental effects of a proposed grading project cannot be mitigated, deny the issuance of a grading permit. Sec. 7018. Placing Excavated Material. (a) Unauthorized Dumping Prohibited. No person shall dump, move, or place any earth, sand, gravel, rock, stone, or other excavated material so as to cause the same to be deposited upon or to • roll, flow or wash upon or over the premises of another without the express content of the owner of each such premises so affected, or upon or over any public place or way. Such consent shall be in writing and in a form acceptable to the Building Official. -34- 0 0 (b) Removal of Misplaced Material. When, due to a violation of this section, any earth, sand, gravel, rock, stone or other excavated material is caused to be deposited upon or to :roll, flaw, or wash upon any public place or way, the per - son responsible therefor shall cause the same to be removed frame, the public place, or way within thirty -six (36) hours. In the event it is not so removed, the Director shall cause such removal and the cost of such removal by the Director shall be paid to the City by the person who failed to so remove the material. Sec. 7019. Denuding Natural Ground Cover. No person, except pursuant to written order of the Fire Marshall, shall denude and destroy the natural cover of ally watershed except for the immediate use and occupation of the property so denuded in accordance with and subject to all applicable provisions of the zoning and building regulations of the City. See Title 20. repealed. SECTION 2. Chapter 15.24 of the Newport Beach.Municipal Code is 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 24th day of March 19 75 and was adopted on the 14th day of April 19 75 , by the following vote, to wit: CERTIFIED AS THE ORIGINAL AND CERTIFIED AS TO RURICAT!ON ATE ......_...- _...... APR 25._1975 CITY C ERK OF THE Ty O: t PORT BEACH ATTEST: ity erk AYES, COUNCILMEN: Dostal, Barrett, Kuehn, Rogers, Ryckoff, Store NOES, CaMU14EN: None ABSENT CDUNCILMEN: McInnis -35- Rev. 4/18/75 HRC:ah 3 -12 -75