Ordinance - 1494y
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ORDINANCE NO. 1494
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA ADDING CHAPTER 9 GRADING
AND DRAINAGE TO THE WEST COVINA MUNICIPAL CODE
THEREBY AMENDING CHAPTER 70 OF THE UNIFORM BUILD-
ING CODE.
WHEREAS, Chapter 70 of the Uniform Building Code provides
for regulation and control of grading; and
WHEREAS,.based on the following findings, it is necessary
to have local grading :.provisions;
a.
a
The Uniform Building Code does not adequately address
varying local soils and geologic conditions. The
City of West Covina has experienced a significant
number of slope -failures in areas that have been
graded in accordance with the provisions of the
Uniform Building Code.
The hilly areas of West Covina contain extensive
adverse soils and geological conditions necessit-
ating.more stringent standards of development than
those provided by the Uniform Building Code.
C. "There is presently ongoing and proposed mass grading
in the City of West Covina invloving hilly tarrain.
Several sections of this ordinance are intended to
provide greater stability of slopes, more effective
drainage devices, and safety features during the.r.ainy
season.
d. The Engineering Department of the City is assigned.
the responsibility of grading control rather than
the Building Department as provided within the
Uniform Building Code.
e. Certain provisions including fees, drainage, retain-
ing walls, neighborhood compatibility, etc., within
the Uniform Building Code are lacking in application
and detail.
NOW, THEREFORE, the City Council of the City of West
Covina does ordain as follows:
SECTION 1. The attached Exhibit 1 is hereby adopted as
Chapter 9 of the West Covina Municipal Code.
SECTION 2. The City Clerk shall certify to the
passage of this ordinance and shall cause the same to be publish-
ed as required: by'.law.
The City Clerk is''also directed to forward a certified copy of
this ordinance to the State of California, Department of Housing
• and Community Development.
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i'Ay
PASSED AND APPROVED this 22nd day of September 1980.
Mayor
ATTEST
G //KP7-�Y
City Clerk
State of California )
County of Los Angeles). ss.
City of West Covina )
I, HE>LENE M. MOONEY, City Clerk of. the" City of West Covina,
do hereby certify that the foregoing Ordinance No. 1494
was regularly.introduced and placed upon its first reading at a
regular meeting of the City Council on the 8th" day of
September , 1980. That thereafter said .ordinance was duly
adopted and passed at a regular meeting of the City Council on
the 22nd day ' of September , 1980, by the following vote of
Council, to wit
. AYES: Councilmen: Tennant, Tice, Chappell, Shearer; Brotgne
NOES: Councilmen: None
ABSENT: Councilmen: None
City Clerk
APPROVED AS TO FORM: `
100
City Attorney
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CHAPTER 9 - GRADING AND DRAINAGE
SECTION 19-1 PURPOSE
The purpose of this chapter is to amend Chapter
70 of the Uniform Building Code to add grading and drainage
requirements for,local conditions.
This chapter sets forth regulations for the control
of excavation, grading, and earthwork.construction, including
fills or embankments.
These regulations establish minimum standards and
are not intended to prevent the use of alternate materials,
methods, or means of conforming to such standards, provided such
alternate has been approved.
The City Engineer.shall approve such alternate pro-
vided he finds that the alternate is for the purpose intended,
at least the equivalent of that;'prescrbed in this code in
quality, strength, effectiveness, durability and safety.
The City Engineer
evidence or proof be submitted
gaading the alternate.
SECTION 9-2 BUILDING OFFICIAL
shall require that sufficient
to substantiate any claims re -
The term "Building official"- as used in Chapter 70
of the Uniform Building Code shall mean the City Engineer of
the City of West Covina or his designated representative.
SECTION .9-3- DEFINITIONS - AMENDED AND ADDED -
(a) The following definitions in Section 7005 of
the.Uniform Building Code are amended to read as indicated:
BEDROCK is the relatively solid, undisturbed
.' rock in -place either at.the ground surface
or beneath"surficial deposits of gravel,
sand, or soil.
CIVIL ENGINEER shall mean a professional
engineer.in the branch of civil engineering
holding�a valid certificate of :registration
issued by the State of California.
FILL shall mean deposits of soil, rock, or
other similar irreducible materials placed
by man.
SLOPE is an inclined ground surface the in-
clination of which is expressed as a ratio
of horizontal distance to vertical distance
and exceeds. a ratio of-5 to 1.
SOIL ENGINEER shall mean'a Civil Engineer who
has spent the majority of his time in the field
of applied soil mechanics and foundations en-
gineering during the previous five years and
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who has an adequately equipped soils testing
laboratory at his disposal and who is qualified
to make the required reports and findings.
(b). The following definition is added to Section
7005 of the Uniform Building Code:
GEOLOGIST shall mean.a person nolding.a..Valid
certificate of registration as a geologist in the
specialty of engineering geology issued by the
State of California under provisions of the
Geologist Act of the Business and Professions
Code.
SECTION 9-4 GRADING PERMIT REQUIREMENTS.
(a). Section 7006 (c) of the Uniform Building
Code is amended to read:
PLANS AND SPECIFICATIONS. Each applicant for
a grading permit shall be accompanied by two
sets of plans and specifications, and support-
ing data consisting.of a soil engineering
report and engineering geology report. The
plans and specifications shall be prepared
and .signed by a Civil Engineer.
(b) The first sentence in Section 7006 (d) of
the Uniform Building Code is amended to read:
PLANS shall be drawn to.a scale of 1" = 20' or
1" = 30' upon mylar or vellum sized at 24" x
36" or 30" x 42" and shall be of sufficient
clarity to indicate the nature and extent of.
the -work proposed and show in detail that the
work proposed will conform to the provisions
of this Code.and all relevant laws, .ordin
ances, rules and regulations.
SECTION 9-5 FEES
Section 7007 of the Uniform Building Code is
amended to read:
Before issuance of each grading permit, the
appropriate fees shall be paid as indicated
in the schedule of fees adopted from time -
to -time by resolution of the City Council'
of the City of West Covina.
SECTION 9-6 BONDS
The first sentence in Section 7008 of the Uniform
Building Code is amended to read:
Bonds or.other improvement security satisfactory
to the City Engineer and agreements in an amount
equal to at least 100 per cent of the estimated
cost of the work are required to guarantee
completion of the work in accordance with the
approved plans and specifications.
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SECTION 9-7 FILLS
. Section 7010 of the Uniform Building Code is
hereby amended through the addition of the following provisions:
• (h) METHOD OF CONSTRUCTION. All fill slopes 15
feet in heigh or more and steeper than three horizontal to
one vertical shall be constructed by the "overfill and cutback"
method. These slopes shall be overbuilt and cut back to
grade exposing the firm compacted fill innercore. The actual
amount of overbuilding may vary as field conditions dictate.
If the desired results are not achieved, the existing slopes
shall be overexcavated as directed by the soils engineer and
reconstructed. The degree of overbuilding shall be increased
until the desired compacted slope surface condition is achieved.
Care shall be taken by the contractor to provide thorough
mechanical compaction to the outer edge of the overbuilt slope
surface. As fill slope construction proceeds, the slope sur-
face shall be thoroughly backrolled with a sheepsfoot roller
at vertical height intervals not exceeding four feet.
Following the attainment of the desired slope
height, the outer surface of overbuilt slopes shall be cut
back to the finished surface contour shown on the approved grading,plan.
Care shall be taken by the contractor not to excavate beyond the
desired finished slope surface.
(i) ALTERNATE METHOD OF CONSTRUCTION. Fill
slopes less than 15 feet in height or flatter than three
horizontal to one vertical may be constructed by alternative
• procedures where specifically approved by the soils engineer
prior to grading. Prior to such approval, the contractor shall
submit to the soils engineer a detailed written description of
the procedure he proposes to utilize. Within such description,
the following guidelines shall be included. Unless slopes
are overfilled and cut back to grade, the outer faces of all
fill slopes, shall be backrolled utilizing a sheepsfoot roller
at intervals not exceeding four feet of vertical slope height.
Vibratory methods may be required. During construction of the
fill slopes, care shall be taken to maintain near -optimum
moisture conditions over the entire slope height. Following
achievement of the slope height as shown on the approved grad-
ing plan, the entire slope face shall be thoroughly compacted" -
utilizing a vibratory sheepsfoot roller. Upon completion of
the above procedures, the faces of all fill slopes shall be
grid -rolled over the entire slope height with standard grid -
rolling type of equipment. Prior to grid -rolling, care shall
be taken to maintain near -optimum moisture conditions.
Following slope construction in the manner de-
scribed above, if the.required uniformly compacted fill slope
condition is not achieved, overfilling and cutting back shall
be required.Completed slopes not approved by the soils engineer
shall be overexcavated a minimum of 12 feet (horizontal) and
replaced by the overfilling and cutting back procedure de-
scribed in Paragraph (h).
SECTION 9-8 DRAINAGE AND TERRACING
(a) The following sentence is added to the end
of Section 7012 (a) of the Uniform Building Code:
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Deviations from the provisions of this section
shall be specifically addressed for each in-
stance in the reports required by Section 7006
of the Uniform Building Code.
(b) Section 7012 (b) of the.Uniform Building Code
is amended to read:
TERRACE. Terraces at least 8 feet in width shall be
established at not more than 25 foot vertical inter-
vals on all cut or fill slopes to control surface drain-
age. and debris except that where only one terrace
is required, it shall be at mid -height. For cut or'
fill slopes greater than 50 feet and up to 100 feet
in vertical height one terrace at approximately mid -
height shall be 16.feet in width. Terrace widths
and spacing for cut and fill slopes greater than
100 feet in height 'shall be designed by the Civil
Engineer and approved by the City Engineer and shall
meet or exceed the foregoing requirements. Suitable
access shall be provided to permit proper cleaning
and maintenance.
Swales or ditches on terraces. shall have a minimum
gradient of 5 percent and must be paved with rein-
forced concrete not less.than 3 inches in thickness.
They shall have a minimum depth at.the deepest point
of l foot and a minimum paved width equal to the
width of.the terrace.
A single run. of swale or
. runoff from a tributory
feet (projected) without
drain.
ditch shall not collect
area exceeding 13,500 square
discharging into a down
The design height of the slope shall include 6 feet
at the top of the slope to provide for the con=
tributory area and height of possible walls along
the top of the slope.
EXCEPTION: The width.and.spacing of the terraces
may be approved by the City Engineer to be narrower
and spaced differently than the preceding require-
ments provided:
1) The terrace system is designed by a Civil En-
gineer and approved by the Soils Engineer. Such design
shall include sufficient details and calculations
(including hydrology) to enable full analysis by
the.City Engineer.
2) The maximum vertical interval shall be 20 feet,
an 8 foot wide terrace shall be included at 50 feet
in vertical height, and' "a 12 foot wide terrace
shall be included at 80 feet in vertical height.
.(c) The third sentence of Section 7012 (d) of the
Uniform Building Code is amended to read:
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Building pads shall have a drainage gradient of
at least two percent (2/) toward approved drainage
'facilities.
(d) The Exception...in Section 7012 (d) of the Uni-
form Building Code is deleted.
SECTION 9-9 EROSION CONTROL
The following subsections are added to Section 7013
of the Uniform Building Code:
(c) Where slopes are planted for erosion control,
the slope shall be watered by a designed automatic irrigation
system approved by the City'Engineer. The irrigation system and
landscaping shall have.their own plans and specifications. Land-
scaping shall have a minimum 90 day plant establishment period
prior to calling for final approval:
(d) The manner(s) of erosion control shall be
specifically addressed in the report required by Section 7006 of
the Uniform Building Code.
(e) The owner of any property on which grading has been
performed pursuant to a permit issued under the provisions of this
code, or any other person or agent in control of such property,
shall maintain in good condition and repair all drainage structures
and other protective devices and burrowing rodent control when
shown on the grading plans filed with the application for grading
permit'.and'approved:as_:-a:.condition precedent to- the* issuance 'of -
such permit:;
SECTION 9-10 GRADING INSPECTION
(a) The second sentence in Section 7014(a) of the
Uniform Building Code is amended to read:
Unless expressly modified by the City Engineer,
special inspection of grading operations and
special testing shall be performed in accordance
with the provisions of Sections 305 and 7014 of
the Uniform Building Code.
(b) Section 7014 (b) of the Uniform Building Code
is amended to read:
(b) Grading Designation. All grading requiring a
permit 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 may be changed in designation from
"engineered grading"'to "regular grading" upon
recommendation of the Civil Engineer and
approval of the City Engineer. The City
• Engineer may require supporting documentation
prior to approval of a change in designation.
SECTION 9-11 COMPLETION OF WORK
The first sentence in Section 7015 (a) of the
Uniform Building Code is amended to read:
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SECTION 9-12
Upon completion of the rough ggrading work and
at the final completion of the work the
following reports and drawings and supplements
thereto are required:
SPECIAL DRAINAGE"PROVISIONS
If the building pad surface is paved, the minimum
gradient specifications in Section 7012.(d) of the Uniform Build-
ing Code may be reduced to the following minimum gradients:
Asphaltic Concrete Pavement-.1-1/2 Percent
Portland Cement Concrete. - 1 Percent
SECTION 9-13 DRAINAGE DEVICES
(a), Except on slopes, drainage devices shall be
constructed with minimum gradients as follows:
Portland Cement Concrete Construction - 0.5%
Air Blown Concrete Construction - 1.0%
Asphaltic Concrete Construction - 1.0%
Soil Swales - 1.0%
Pipes _ .. 0:'4%
(b) Drainage devices -constructed on slopes shall
have a minimum gradient of -.five (5) percent. Such drainage de-
vices shall be constructed of air blown concrete or Portland
Cement Concrete with suitable reinformcent. Closed conduits,
upaved swales and asphalt concrete drainage structures shall not
be used for slope.'drainage.
• (c) Drainage devices shall be constructed to convey
drainage to an established.private or public water course,
channel, storm drain or public.street and'shall be of a design
to prevent erosion.
(d) Drainage devices conveying water to the
public streets shall drain over driveway approaches or through
curb drains or through sidewalk culverts..
SECTION 9-14 WORK WITHOUT PERMIT
Any work done without a permit when a permit is
required by this chapter shall be, and the same is hereby de-
clared to be, unlawful and a public nuisance. Upon order of
the City Council, the City Attorney shall commence necessary
proceedings for the abatement, removal and/or enjoinment of
any such public nuisance in the manner provided by law. Any
failure,.refusal or.neglect to obtain a permit as required by
this chapter shall be prima facie evidence of the..fact that
a public nuisance has been committed in connection with the work
begun or done contrary to the provisions of this chapter.
SECTION 9-15 BELATED PERMIT - DOUBLE FEES
• If work commenced or done for which a permit is
required by this chapter before a permit is obtained, the permit
fees shall be doubled. The payment of such double fee shall
not waive compliance with this chapter. Such double fee is not
a'penalty but is a. payment to defray the added
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costs of special inspections required for enforcement of -
the provisions of this.chapter in such.cases. The imposition
or payment of such double fee shall not.prevent.the im-
position of a penalty.
SECTION 9-16 PUBLIC STREETS
The permittee shall not perform any work in a
manner which may create a nuisance and/or hazard to persons
using public lands or streets.
The permittee will submit an operational plan
for approval by the City Engineer if any of the following
actions are necessary to complete the work:
. (a) The control of public traffic by a flag-
man,or other means.
(b) The placing of obstructions (dirt, sand,
aggregate base, etc.) in the public right-of-way. (Requires
a separate permit from the City Engineer).
(c) The temporary reduction in the number of
traveled lanes in a public street.
(d) Any other action which will delay and/or
restrict the use of.a public street.
the following:
The operational plan shall include at least
1) The point or points of access to the public
street or streets for export or import.
2) Special safety precautions equivalent to
the following standards shall be provided
where the egress (outhaul) road connects
with the public street.
A.. The last 50 feet of the outhaul road
immediately adjoining, the street if
downgrade to the street shall have a
grade no steeper than-3 percent.
B. An unobstructed sight distance of not
less than 300 feet in each direction
up and down the public street shall
be provided at the point of egress.
Such sight distance shall be measured
from a point 8 feet above grade in
the outhaul road; 'said point being
10 feet outside the edge of the street
pavement or if no pavement, 10 feet
outside the edge of the normally trav-
eled portion of the.public street.
3) Traffic control devices shall be provided
and maintained at the connection of the
ingress, and egress roads with the public
way.
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Dirt, mud, and other debris shall not be
deposited on public streets by the permittee and/or any
person working for or with the permittee in any manner.
The permittee shall be responsible for the immediate
• removal.of any dirt, mud, or other debris deposited upon
public streets which directly or indirectly is a result
of his work. The permittee shall be required to post
a bond or -other acceptable security for, and be responsible
for the repair of restricted streets used for hauling dirt
to and from the work site. Such bond amount shall be
as determined by the City Engineer.'
Non-compliance with any provision of this
section shall be grounds for immediate work suspension as
ordered by the City Inspector and/or City Engineer.
SECTON 9-17. TIME LIMITS
The time period in ..which the work is to be be-
gun and completed will be specified on the permit if other
than 180 days. If the time period is not indicated, it
shall be 180 days. If the permittee is unable to complete
the work within the specified time, he may request in
writing to the City Engineer an extension of time. The City
Engineer may grant extensions as he deems appropriate and
may add conditions to the extension as he deems appropriate.
If the extension is for longer than 30 days,
the permittee shall pay a proration of the original fees
• based on the uncompleted portion of the original work. This
payment is not a penalty, but is intended to defray the
expense of the longer period of inspection for the .work.
If the work site is located within 1/4 mile of
any occupied dwelling grading may only be done from 7:00 A.M.
to 7:00 P.M. on .Mondays through Fridays and 9:00 A.M. to
6:00 P.M. on Saturdays, Sundays and holidays.
SECTION 9-18 IMPROVEMENTS AND.GRADING ON ADJACENT LAND
If the permittee is to do any work on land
adjacent to his parcel, he must submit notarized letters of"
permission and/or -easements from the owners of the properties
involved prior to issuance of a permit.
SECTION 9-19 RETAINING WALLS
" All walls retaining 30" or more of soil
measured from the top of the footing shall be designed by a
Civil Engineer. The design is subject to approval of the
City Engineer. Appropriate fees in accordance with the
Schedule of Fees as adopted from time to time by Resolution
of the City Council shall be.paid, and a permit shall be
obtained from the City Engineer.
SECTION 9 2'04 CONTROL OF GRADING
Notwithstanding other sections in this chapter
and the provisions of the Uniform Building Code, where grad-
ing is required adjacent to improved residential lot(s)
and where providing for drainage primarily by grading will
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adversely affect the aesthetics, privacy, security,
and/or views of the adjacent lots) with fills ex-
ceeding three feet in height, the City Engineer may
require the use of alternate drainage devices in-
cluding, but not limited to concrete swales, yard
drains, storm drains,.sump pumps, and spread footings.
If the use of alternate drainage devices is not
sufficient to mitigate any adverse impacts, the -City
Engineer may require and/or permit the drainage of one
lot across another lot provided that satisfactory
easements are obtained.'
Appeals of requirements of this section
shall be made to the Planning Commission and the decision
shall be final unless appealed to or called up by the
City Council. The fee for filing an appeal shall be as
shown in the Schedule of Fees as set from time -to -time
by resolution of the City Council; but in no event shall
be less.than $65.00..
SEC`1'ION 9-21 STORM DAMAGE PRECAUTIONS
No grading permit shall,be issued for work
to be commenced between October 1 of any year and April
15 of the following calendar year, unless the plans for
such work include details of protective measures, includ-
ing desilting basins or other temporary drainage or con-
trol measures, or both, as may be necessary to protect
adjoining public and private property from damage by
• erosion, flooding, or the deposition of mud or debris
which may originate from the site or result from such
grading operations.
If grading is begun prior to November 1,
all protective measures shall be installed prior to
November 1. If grading is begun on or after November 1,
all protective measures shall be installed before
grading is begun_. All protective measures shall be main-
tained in good working. order until April 15 of the succeed-
ing year, where grading is done between. November 1 and
December 31, or until April 15 of the same year where
grading is done between January l and April 15, unless
their removal at an earlier date is agreed to by the City
Engineer.
SECTION 9-22 STORM DAMAGE PRECAUTIONS. INCOMPLETE WORK
Where a grading permit is issued and the
work is commenced after April 15 and before October 1
of..any year and the plans for such work do not include
details of the protective measures described in Section
9-21, and it appears that the grading and installation
of the permanent drainage devices as -authorized by the
permit will not be completed prior to November 1, then
on or before October 1 the .owner of the site on which the
grading is being performed shall file or cause to be
• filed with :the City Engineer revised plans which include
details of the protective measures described in and in all
other respects follow the provision of Section 9-21.
The revised plans required by this Section
shall be accompanied by an application for plan checking
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services and plan checking fees as specified in this
chapter based on an assumed volume of material equal to,
five percent of the volume shown on the original permit.
SECTION 9-2-i STORM DAMAGE PRECAUTIONS. EFFECT OF
NON-COMPLIANCE
Should the owner fail to submit the plans or
fail to provide the protective measures required by
Sections 9-21 or 9-22 by the dates specified therein, it
shall be deemed that a default has occurred under the
conditions of the grading permit bond. Thereupon the
City Engineer may,,enter the property for the purpose of
installing, by ::City._,., forces or by other means, the drain-
age and erosion control devices shown on the.approved
plans, or if there are no approved plans, as he may deem
necessary.to protect adjoining property from storm damage,
or the. -,City. -".Engineer may cause the owner of the site to be
prosecuted as a..violator of this Code, or he may take both
actions.
SECTION 9-24 RESPONSIBILITY OF PERMITTEE
(a) Compliance with Plans and Code. The
permittee, his agent, contractor or employee, shall carry
out the proposed work in accordance with the approved plans
and specifications and in compliance with all the require-
ments of this Code.
(b) Inspections. In performing grading it
• shall be.the-responsibility of the permittee to notify the
City Engineer at least one working day in advance.
(c) Protection of Utilities. During grading
operations, the permittee shall be responsible for the pre-
vention of damage to any public utilites or services.
(d) Protection ofAdjacent Property. The
permittee under the grading permit is responsible for the
prevention of damage, to adjacent property and no person
shall excavate on land sufficiently close to the property
line to endanger any adjoining public street, sidewalk, alley,
or other public or private property without supporting and
protecting such property' -from settling, cracking, or other
damage which might result..`. .
(e-)' Temporary Erosion Control The per-
mittee shall put into effect and maintain all precautionary
measures necessary to protect adjacent water courses and
public or private property from damage by erosion, flooding,
and deposition of mud or debris originating from the site.
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C E'' R T IF I C A ,r ION
• State of California. )
County of Los Angeles ) ss.
City of west Covina )
I, JANET BERRY, Deputy City Clerk of the City of
West Covina, State of California., do hereby certify
that a true and a.ccura.te copy of Ordinance No. /yy
was published, pursuant to law, in the west Covina.
Tribune, a. newspaper of general circula.tion published
and circulated in the City of west Covina..
1]
Da.tedJ,2 'gl I% D
d"'/
/L't�
Ja
et
Berry,
Dep y
City Clerk
Ci
y
of west
Co ina,
California
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