HomeMy WebLinkAboutCC Ord 1492 2002-11-12
ORDINANCE NUMBER /4'9,j/,'
AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING
CHAPTER SA TO THE CODE OF THE CITY OF SEAL BEACH
RELATIVE TO GRADING REQUIREMENTS
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Chapter SA of the Code ofthe City of Seal Beach hereby reads as follows:
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CHAPTER SA
GRADING
~ 5A-I
~ 5A-2
~ 5A-3
~ 5A-4
~ 5A-5
~ 5A-6
~ 5A-7
~ 5A-8
~ 5A-9
~ 5A-1O
~ 5A-1I
~ 5A-12
Definitions.
Implementation Manuals.
Grading Pennit Requirement. '
Approval or Denial of Grading Pennit.
Grading Pennit Exemptions.
Grade Elevation Permit.
Security.
Fees.
Inspections.
Grading Standards.
Completion ofWerk.
Violations.
Section SA-I. Definitions.
For the purpose of this chapter, the words and phrases set forth in this section shall be
construed as defined herein unless the context clearly indicates a different meaning is intended,
or unless a different meaning is specifically defined for such word or phrase.
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(a) "Approved plans" means the current gmding plans bearing the City Engineer's
stamp of approval.
(b) "Approved testing agency" means a facility approved by the City Engineer as
being capable of perfonning, under the direction of a civil engineer, the tests required by this
chapter.
(c)
gmding.
"Borrow" means earth material acquired from an off-site location for use in
(d) "City Engineer" means the Director of Public Works/City Engineer or the
designee thereof.
(e) "Clearing, brushing and grubbing" means mechanical removal of vegetation.
(t) "Compaction" means mechanical densification ofa fill.
(g) "Earth material" means rock or soil in any combination.
(h)
"Excavation" means mechanical removal of earth material.
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(i) "Existing gr~de" means the grade prior to grading.
(j) "Fill placement" means mechanical deposit of earth material.
(k) "Finished grade" means the stage at which the grade fully confonns to the
approved plans.
(I) "Gmde" means the vertical location of the ground surface.
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Ordinance Number ~~~~
(m) "Gmding" means excavation or fill placement in any combination.
(n) "Natuml grade" means the grade unaltered by artificial means.
(0) "Precise grading pennit" means a grading pennit that is issued on the basis of
approved plans that show the precise structure location, finished elevations and on-sIte
improvements.
(p) "Preliminary grading pennit' means a grading permit that is issued on the basis of
approved plans that show interim building pad drainage but do not show precise structure
location, finished elevations and on-site improvements.
(q) "Rough grade" means the stage at which the grade approximately confonns to the
approved plans.
(r) "Slope" means an inclined ground surface, the inclinatio!l of which is expressed
as a ratio of vertical distance to horizontal distance.
Section 5A-2. Implementation Manuals.
(a) The City Engineer may prepare a grading manual and a stonnwater pollution
prevention manual to facilitate implementation of this chapter. In the event of a conflict between
the provisions of this code and either such manual, the provisions of this code shall control.
(b) Any pennit issued pursuant to this chapter may be suspended or revoked for
failure to comply with the grading manual or the stonnwater pollution prevention manual.
Additionally, any person who fails to comply with either such manual shall be guilty of a
misdemeanor.
Section 5A-3. Gradin2 Pennit Requirement.
No person shall perfonn any of the following activities without first obtaining from the
City Engineer, and maintaining in full force and effect, a grading pennit:
(a)
grading.
Gmding or land disturbing or land filling on existing grade that is preparatory to
(b)
Clearing, blUshing and grubbing.
(c) Construction of pavement surfacing in excess of 2,500 square feet on existing
grade for the purpose of a road or parking lot. This provision does not include resurfacing or
maintenance of existing paved surfaces.
(d) Altemtion of an existing watercourse, channel or revetment by means of
excavation, fill placement or installation of rock protection or structural improvements.
Section 5A-4. Approval or Denial of Gradin2 Pennit.
(a) Gmding pennit applications shall be filed with the City Engineer on a city-
provided fonn. Applications shall include plans and specifications, as well as supporting data
consisting of soil engineering and engineering geolob'Y reports, unless waived by the City
Engineer. In lieu of preliminary soil engineering reports, the City Engineer may require
inspection and testing by an approved testing agency.
(b) The City Engineer may approve or conditionally approve a preliminary grading
pennit or a precise gmding permit if1there are no grounds for denial; otherwise the permit shall
be denied. A grading pennit shall be denied if the City Engineer makes any of the following
findings:
(I) The proposed work does not comply with the general plan, the zoning
ordinance or an applicable specific plan and no conditions can be imposed to ensure compliance.
Ordinance Number 14I~-l
(2) The proposed work is liable to constitute an unreasonable hazard to life or
property and no conditions can be imposed to mitigate such risk to an acceptable level.
,
(3) The property proposed to be graded is subject to an unreasonable
geological or flood hazard and no' conditions can be imposed to mitigate such risk to an
acceptable level.
(c) A grading permit shall automaticaUy expire and become null and void if the
authorized work is not commenced within 180 days from the date of permit issuance. I
Additionally, a grading pennit shall automatically expire and become null and void if the
authorized work is suspended or abandoned after commencement for a period of 180 days.
Section 5A-5. Grading Pennit Exemptions.
A grading pennit shall not be required for any of the following.
(a) Excavations below finished grade for basements, building footings, retaining
walls or other structures authorized by a building pennit provided that the excavation does not
have an unsupported height greater than five feet after completion of the structure.
(b) Cemetery gmves.
(c) Refuse disposal sites governed by other laws.
(d) Agricultuml crop management practices occurring on land that has been fanned
during each of the preceding three years.
(e) Emergencies posing an immediate danger to life or property, or substantial flood
or fire hazards.
(f) Excavations within public right-of-way that are performed in accordance with an I
encroachment permit.
(g) Activities meeting all of the following requirements:
(1) The land area that is disturbed or filled is 2,499square feet or less.
(2) Natural and finished slopes are less than 10%.
(3) Volume of earth material disturbed, stored or used is 50 cubic yards or
less.
(4) Rainwater runoff is diverted, either during or after construction, from an
area srnaUer than 2,500 square feet.
(5) Any impelVious surface that is created is 2,499' square feet or less.
(6) No dminageway has its stormwater carrying capacity modified.
(7) The activity does not take place within 100 feet from the top of a coastal
bluff, the bank of a watercourse, the mean high water-mark (line of vegetation) of a body of
water or within the wetlands associated with a watercourse or water body. The distance shall be I
determined by horizontal measurement.
Section .5A-6. Gmde Elevation Pennit.
(a) Except as provided in paragraph (d) below, no person shall raise the existing
grade of a residential lot without first obtaining a minor plan review for a gmde elevation permit
from the planning commission.
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Ordinance Number //j?:l
(b) Applications for a grade elevation pennit shall be submitted to the director of
development selVices on a city-provided fonn. Notice of a grade elevation pennit application
shall be given no less than 10 days betore the hearing date by publication in a newspaper of
general circulation and by mailing to all property owners and addresses within a 300 feet radius
of the subject property.
(c) The planning commission may approve, conditionally approve or deny a grade
elevation pennit after conducting a public hearing on the application. A grade elevation permit
shall be denied unless the planning commission makes the following findings:
(1) The change of grade will not result in a significant impainnent of the
primary view from any property located within a 300 feet mdius.
(2) The change of grade is compatible with the neighborhood.
(d) The City Engineer may waive the grade elevation pennit requirement in either of
the following circumstances:
(1) When mising the existing gmde is necessary for flood hazard reduction in
accordance with law.
(2) When raising the existing grade is the only feasible alternative for proper
drainage function ofthe site.
Section 5A-7. Security.
(a) When deemed necessary, the City Engineer may require any person issued a
grading permit to post security to assure that the work shall be completed in accordance with the
pennit, the approved plans and this chapter. The amount and fonn of the security shall be
determined by the City Engineer.
(b) Upon detennining that a default has occurred in the perfonnance of any grading
pennit condition, or that there is a failure to comply with an order issued, the City Engineer shall
give written notice thereof to the pennittee and to the surety if applicable. Such notice shall
specity the work to be ,done, the estimated cost thereof and the deadline for completion. If the
work is not satisfactorily perfonned prior to the deadline, the estimated cost of completing the
work (including a mobilization charge equal to 20% of such cost) shall be demanded from the
surety or obtained from the security, and the City Engineer shall cause such work to be
perfonned.
Section 5A-8. Fees.
(a) The city council may by resolution establish fees to cover the estimated
reasonable cost of processing permits and administration of this chapter.
(b) If the City Engineer perfonns emergency or other work on private property, the
owner of such property shall reimburse the city in full for all expenses incurred by the city. Such
expenses shall include without limitation a mobilization charge equal to 10% of the cost of
pcrfonnance ofthe work.
Section 5A-9. Inspections.
(a) The City Engineer may inspect a property prior to approving a grading pennit in
order to confirm that the application accurately reflects existing conditions.
(b) The City Engineer may inspect gmding operations at the various stages of work
requiring approval and at any more frequent intelVals necessary to detennine whether adequate
control is being exercised by the pennittee and its professional consultants. If any work to be
inspected has been covered or concealed, the City Engineer may require the pennillee to expose
such work at its own cost.
Ordinance Number /~?~
(c) Upon detennining that any work does not comply with the tenns of a grading
permit, gmde elevation permit, this code or other applicable law, or that the soil or other
conditions are not as stated on the permit, the City Engineer may order the work stopped. Such
order shall be effectuated by setvice of written notice on any person supelVising the performance
of the work. The grading operations shall not proceed until written authorization is received
from the City Engineer.
Section 5A-1O.
Gmding Standards:
Grading operations shall be conducted in compliance with the following standards:
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(a) The pennittee shall maintain a copy of the approved plans in an obvious and
accessible location on the subject property.
(b) No grading operations shall be perfonned between 8:00 p.m. and 7:00 a.m., or on
Sundays or federal holidays, on any property located within ~ mile of a structure for human
occupancy. The City Engineer may waive this restriction upon making a finding that it is
unnecessary to protect the public health, safety or welfare in a particular situation. The City
Engineer may impose more stringent restrictions upon making a finding that they are necessary
to protect the public health, safety or welfare in a particular situation.
(c) Where an excess of 1,000 cubic yards of earth material is moved on public
roadways, all the following requirements shall be satisfied:
(I) The permittee shall apply water, a palliative or both as directed by the City
Engineer to minimize spillage of dust onto public property.
(2) The permittee shall maintain public property free of dust, earth material
and debris from the gmding operations.
(3) The grading operations shall be perfonned in accordance with the I
approved plans and the Contractor shall submit a haul route plan for approval to the City
Engineer.
(4) The last 50 feet of the access road, a~ it approaches the intersection with
the public roadway, shall have a grade less than or equal to 3%. The access road shall either be
posted with flagmen or there shall be 300 feet of unobstructed sight distance to the intersection
from both the public roadway and the access road.
roadway.
(5) A stop sign shall be posted at the entrance of the access road to the public
(6) Advance warning ''Truck Crossing" signs shall be posted on the public
roadway 400 feet of the access intersection from each direction. The sign shall be diamond
shaped, each side being 30 inches in length, shall have an omnge background, and the letters
thereon shall be five inches in height. The sign shall be placed eight feet from the edge of the
pavement and the base of the sign shall be five feet above the pavement level. The sign shall be
covered or removed when the access intersection is not in use.
(e) The pennittee shall provide the City Engineer with two copies of all reports,
compaction data and recommendations from its civ'n engineer, soil engineer, engineering
geologist, grading contractor and the approved testing agency.
(t) If the pennittee's civil engineer, soil engineer, engineering geologist, grading
contractor or the approved testing agency finds that the grading operations are not being done in
conformance with the approved plans, the discrepancies shall be reported in writing to the City
Engineer immediately.
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(g) Grading operations shall stop whenever, during the course of the work, the
permittee replaces the civil engineer, the soil engineer, the engineering geologist, the approved
testing agency, or the grading contractor of record. This provision shall not apply if the
permittee notifies the City Engineer in writing of the responsible professional change, and the
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Ordinance Number/~~~
new responsible professional notifies the City Engineer in writing that the work perfonned to
date has been reviewed and approved. This provision also shaH not apply if the responsible
professional change is between individuals in a single finn.
Section 5A-l I.
Completion of Work.
(a) The pennittee shall notify the City Engineer when the grading operation is ready
for final inspection. The City Engineer shall not issue final approval until aH work has been
satisfactorily completed in accordance with the approved plans.
(b) No building pennit shaH be issued for a site until grading has been completed
pursuant to a precise grading pennit.
Section 5A-12.
Violations.
(a) Any person who causes grading to be done contmry to the provisions ofa grading
pennit, a grading elevation pennit, the approved plans or this chapter is guilty of a misdemeanor.
(b) In the event that any grading is done contrary to the provisions of a grading
pennit, a grading elevation permit, the approved plans or this chapter, the city may take any of
the following actions:
(1) Record with the county recorder a notice of grading violation. The City
Engineer shaH cause the notice of grading violation to be removed upon detennining that Ihe
violation no longer exists. .
(2) Withhold issuance of a building pennit, performance of building pennit
inspections or issuance ofa certificate of use and occupancy.
(3) Deny approval of a zone change, subdivision map or ~iscretionary permit.
SECTION 2. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of
this ordinance or any part thereof is for any reason held to be invalid, such invalidity shall not
atfect the validity of the remaining portions ofthis ordinance or any part hereof. The City
Council of the City of Seal Beach hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, Clause or phrase hereof, irrespective of the fact that
anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be
declared invalid.
PASSED, APPROVED AND ADOPl};~by the City coun~the Ci~1 Beach at a
meeting thereof held on the /-l - day of //h'J ,2002.
~LW~. ~
Mayor
Ordinance Number I'~~~.
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
NOES:
I, Joanne M. Yeo, City Clerk of the City of Seal Beach, Califomi\l, 90 hereby certify that the
fore 'ng ordinance is the original copy of Ordinance Numb,r;:I/f9:l on file in the office
of 'ty Cl rk, introduced at a meeting held on the .28 - day of
,2002 and passed, approved, andpopted ~y C~Cil ofthe
CityofSealBeachatameetingthereofheldonthe~dayof ,,~~~ ~', .
2002 by the following vote: .
AYES, c.uncilmemb~(R,<A'k(t ~ ~"'4 ~/ -
~ 7 . " .
Councilmembers
Councilmembers
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ABSENT:
and do hereby certify that Ordinance Number /'I9.,z has been published pursuant to
Beach City Charter and Resolution Number 2836.
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Ordinance Numberl'~~~
PROOF OF PUBLICATION
(2015.5 C.C.P.)
This space is for the County
Clerk's Filing Stamp
STATE OF CALIFORNIA,
County pI Orange
I am a citizen of the United States
and a resident of the county afore-
said; r am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the dat~ of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
Proof of Publication of
.
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I; SUMMARY . .
,~ ORDINANCE NUMBER 1492
, GRADING REQUIREMENTS
PRIVATE PROPERTY
Ordinance Number 1492 of the City
of Ssal Beach amends the Code of
, "'0 CIty aI Seal BoOCh to odd 0 Chop-
: ter SA to establish grading require-
. menta on private. also necessary to
. satllfy part of the legal authority
"'lfQUJ18ments of the City's National
, Pollution Dlschorgo E~mrnoUon Sys-
,10m, -...lllCIOOSssln grado for
existing development, and Provides
",thai proposed Changes that are not
_led by dnIlnsgo requirements
requires a minor plan review before
the Planning CommISSion Ordrnance
. Number 1492 was Introduced at the
.ragular CIty Counal meeting 01 Octo-
ber 28th, 2002 and 'fllIt reading was
'~PProvOd by "'0 follOWing vote:
':, AYES: Antos, qampell,Doane. Lar-
. son, Yost
: NOES: None Motion Carned
.O-Numberl492W1l1rocolvo
socond roodrng snd be _ for
: odoptfon ot tho rogulor meoUng to be
. held Tuesday, NDVemb8r 12th 2002
~'Coples of Ordinance Numbe~ 1492
,810 OVsdoblo from tho DIfIco of "'0 CJIy
,Clerk, CIty Hall. 211 -1l1h Stroot Soal
~. ,
."'~(562)431-2527
2:":ED THIS 21l1h day of October.
~,'Joann8 M Yeo. CIty Clerk
.,Cltyof 800J Boach . .
, ..~-
fl.ll
all in the year 2002.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, CA,
this J l day of ~ ,2002.
~~~~
PUBLICATION PROCESSED BY:
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430-7555
Ordinance Number /l19:l
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
CountY,9f Orange
This space is for the County
Clerk's Filing Stamp
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the dat.e of
2/24n5. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
. XWd-1
all in the year 2002.
Proof of Publication of I
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SUMMARV
ORDINANCE NUMBER 1492
GRADING REQUIREMENTS .
PRIVATE PROPERTY
Ordinance Numbo, 1492 of tho City
of Seal Beach amends the Code of
lho CIty 01 Sool Booch to odd 0 Chop-
tar SA to establISh grading require-
ments on pnvate property, also nee-
. essary to satisfy part of the legal
authority requirements of the CIty'S
Ndonal Pollution Discha,gB Elmlna.
tlon System, addresses Increases In
grade for existing development, and
pl'OVIdes thai proposed cnanges that
are not necessitated by drainage
requirements requires a minor plan
, review before the Planning Commls-
I sian. Ordinance Number 1492
received second reading and was
I_by tho CltyCauncol oto moot-
ling lhereof held an November 12th,
2002 by tho following wto:
AYES: Antoo, CompoIl,Doano. Lor. I
I 80n, y~
. -" NOES: Nono Motion Contod
. Copies of Ordinance Number 1492
018 ovoIlablo fnxn tho o/IICO 01 tho Ctly
Clork, CIty Hell. 211 - 8th Stroo~ Sool
Beach; .
Iolophono (582) 431 -2527
. OAlEO THIS 1311I doy d_.
2002 -
t Jooi,no M. Voo , City Clerk
City of Sool Booch
Soolllooch Sun 1112112002.
--- -
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, CA,
this \ \ day of Pec~IM'<a( ,2002.
~j~
i ture D
PUBLICATION PROCESSED BY:
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430-7555
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