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Ordinance - 1494y i 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. 3' 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 2. 0 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 1 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. 2 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: 3 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: 4 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: M• • 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 • • • 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. 7 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 0 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 9 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. 10 r 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 •