HomeMy WebLinkAbout1018 - Grading Excavation & Fills' AFFIDAVIT OF PUBLICATION
NEWPORT HARBOR ENSIGN
STATE OF CALIFORNIA
County of Orange ss.
I ARVO E HAAPA
........ ... .......................... being first
duly sworn, and ors oath depose and say that I am the
printer and publisher of the Newport Harbor Ensign, a
weekly newspaper printed and published in the City of
Newport Beach, County of Orange, State of California,
and that the ......... P°ainance No. 1018
................................. ...............................
of which
copy attached hereto is.a true and complete copy, was
printed and published in the regular issue(s) of said
newspaper, and not in a supplement, ........ I......... consecu-
tive times: to -wit the issue(s) of
Feba 21t 1963
........ ...............................
r
(Signed)..... lam. �...._L ............... ..
Subscribed and sworn to before me this`....Ot h oP
................:.;March......, 19...63
................................ .......... n . X "I. /..................
— Notary blic in and for th4F
. - - Coun of Orange, State of California.
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ORDINANCE NO. 1018
AN ORDINANCE OF THE CITY
OF NEWPORT BEACH ADDING
CHAPTER 5 TO ARTICLE VII
OF THE NEWPORT BEACH
MUNICIPAL CODE RELATING
TO GRADING, EXCAVATION
AND FILLS
The City Council of the City
of Newport Beach does ordain
as follows:
SECTION 1. Chapter 5 is add-
ed to Article VII of the New-
port Beach Municipal Code to
read:
"Chapter 5
GRADING, EXCAVATION
AND FILLS
SECTION 7500. Purpose of
Chapter The unregulated ex-
cavation and filling of property,
in the course of the physical
development of the City in-
cluding development in and
around watercourses, may cause
extensive damage to public and
private property and result in
numerous hazardous conditions.
The purpose of this Chapter is
to require that excavations and
fills and construction in and a-
round watercourses be perform-
ed in accordance with good
engineering practice, thereby
reducing to a minimum the
hazards and damage to public
and private property from such
work.
SECTION 7501. Definitions.
For the purposes of this Chapter,
the words and phrases herein-
after defined shall be construed
in accordance with the defin-
itions set forth unless it is ap-
parent from the context that a
different meaning is intended.
(1) Excavation. 'Excavation'
means any act bywhichearth,
sand, gravel, rock, or any
other earthen material is cut
into, dug, uncovered, dis-
placed orrelocated, and shall
include the conditions result-
ing therefrom.
(2) Ffll_ 'Fill' means any
act by which earth, sand, gra-
vel, rock, or any other mater -
ial is deposited, placed, push-
ed , pulled , or transported to
a place other than the place
from which it was excavated,
and shall include the condi-
tions resulting therefrom.
(8) Grading. 'Grading'
means an excavation or fill,
or any combination thereof,
and shall include the condi-
tions resulting from any ex-
cavation or fill.
(4) Re ig stered Civil Engin-
eer , Architect. Registered
Civil Engineer' or 'Architect'
means a person who practices
or offers to practice these pro-
fessions and who is licensed to
dosobythe State of Californ-
ia.
(5) Director. 'Director'
means the Public Works Direc-
tor of the City of Newport
Beach.
(6) Soils Engineer. 'Soils
Engineer' means a registered
civil engineer especially qual-
ified by training and experi-
ence in the practice of soils
engineering whose name ap-
pears on a list of such persons
maintained by the Director.
(7) Geologist. 'Geologist'
means a person especially
qualified by training and ex-
perience in the practice of
geology to secure evidences
of changes in the physical
geography and to provide and
analyze a geological history
of the deposit of soils existing
as would affect the application
thereof to soils engineering
and whose name appears on a
list of such persons maintained
by the Director.
SECTION 7502. Applicability
of Chapter. The provisions of
this Chapter shall not apply to
mining or quarrying operations
or to the stockpiling of the pro-
ducts thereof or to work owned
and controlled by the State or
Federal government or any
agency, department, commiss-
ion or board thereof. The pro-
visions shall apply to work of
anyother governmental agency;
provided, however, that no fee
shall be charged for a permit
ORDINANCE 1018 - Page 1
0
issued to such agency or to a-
gents or officers thereof.
SECTION 7503. Permit Re-
quired. (a) No person shall do
any grading without a permit
therefor from the Director if
such grading will result in any
of the following:
(1) An excavation or fill in
excess of one hundred (100)
cubic yards.
(2) An excavation or fill
three (3) feet or more in height
which results in a slope steeper
than one (1) foot vertical to
five (5) feet horizontal from
any property line.
(3) An .excavation or .fill
within a public sewer, water
main or storm drain easement.
(4) An excavation or fill
which will encroach on or alter
a natural drainage channel or
watercourse.
(b) No person shall construct,
reconstruct, alter, repair or in-
stall any structure in any na-
tural watercourse without a per-
mit therefor from the Director.
(c) A separate permit shall be
required for each separate non-
contiguous site; provided, how-
ever, the Director may allow a
single permit for two sites upon
a determination that the work
constitutes a single project and
that the provisions of this Chap-
ter can be administered under
one permit. One permit may
coverboth an excavation and a
fill on the same site made with
excavated materials. -
SECTION 7504. Permit Not
Required. No permit shall be
required by virtue of this Chapter
for any of the following:
(1) Grading pursuant to a
permit for excavation in pub-
lic streets.
(2) Grading in connection
with a public improvement or
public work for which inspect-
ion is provided by the City of
Newport Beach.
(3) Grading by a public util-
ity in private easements, ex-
cept when the natural contour
is changed.
(4) An excavation below fin-
ished grade for basements and
footings of a building, swim-
ming pool, or underground
structure authorized by a valid
building permit where the cost
of such excavation is included
in the building permit valu-
ation. This exception shall
not affect the applicability of
this Chapter to, nor the re-
quirementofa grading permit
for, any fill made with the
material from such exca-
vation.
(5) Grading in connection
with the production of salt.
(6) Dredging or excavation
within the boundaries of New-
port Bay for which a permit
has been issued by the City
Council.
(7) Grading in connection
with the operation of salvage
and disposal dumps.
SECTION 7505. Permit - Issu-
ance by Director of Building
and Safety with Building Permit -
Copy of Permit. Whenever
grading is performed on a lot or
parcel of land in connection
with'iheconstruction of a build-
ing or structure on such lot or
parcel of land for which a per -
mithas been issued by the Dir-
ector of Building and Safety,
said Director of Building and
Safety shall perform all of the
dutiesspecified by this Chapter
to be performed by the Director,
except with respect to work on
drains, dams or revetments,
which shall be performed by the
Director. All walls or other
similar structures on private
property required by the Director
in connection with permits issu-
ed by him shall be constructed
under permit from and inspected
by the Director of Building and
Safety. Said Director of Build -
ing and Safety shall file a copy
of any excavation permit which
he issues with the Director.
SECTION 7506. Application
for Permit. (a) To obtain a
permit, the applicant shall first
file an application therefor, in
ORDINANCE 1018 - Page 2
10
writing, upon forms furnished
by the Director. The appli-
cation shall be signed by the
owner of the property where the
work is to be performed, or by
his duly authorized agent or by
a contractor licensed by the
State of California. An agent's
authority must be shown in
writing.
(b) Every such application
shall contain the following in-
formation:
(1) The purpose of the work,
and a statement as to whether
the purpose of the excavation
is to prepare the site for sub -
division.
(2) The amount of material
proposed to be excavated and
the amount of fill in cubic
yards.
(3) The legal description of
the property on which the work
is to be performed.
(4) The street address or lo-
cation of the point of access
to the property where the work
is to be performed.
(5) The name, address and
phonenumber of the owner of
the propertyon whichthe work
is to be performed.
(6) The name, . address and
phone number of the person to
have effective control of and
be responsible for the work.
(7) Any location within the
City where the applicant in-
tends to dispose of any excess
material except where a sep-
arate permit is taken out for
the placing of such materials.
(8) The estimated dates for
starting and completing the
work to be done.
(9) Such further applicable
information as the Director
may require in order to carry
out the purpose of this Chapter.
(c) The application shall be
accompanied by plans in dupli-
cate showing the following:
(1) Property lines of the pro-
perty on which the work is to
be performed.
(2) Location of any build-
ings or structures on the pro-
perty where the work is to be
performed, and the location
of any building or structure on
land of adjacent property own-
ers which is within fifteen (15)
feet of the property on which
the work is to be performed.
(3) Elevations, dimensions,
location, extent, and the slo-
pes of all work proposed to be
done, shown on a contour map.
(4) The quantity of exca-
vation and fill involved.
(5) Detailed plans of all
walls, cribs, drains, dams or
other protective devices to be
constructed in connection with
or as a part of the proposed
work, together with a map
showing the drainage area and
estimated cubic feet per sec-
ond run -off of the area served
by any drain.
(6) Such further applicable
plans or drawings as the Direc-
tor may require in order to
carry out the purposes of this
Chapter.
(d) Plans submitted must be
drawn to scale and prepared and
signed by a registered civil en-
gineer or architect. A written
investigation report prepared by
a soils engineer or a geologist
must also be submitted with
said plans. The Director may
require a written report from
both a soils engineer and a
geologist.
(e) The Director may waive
the requirement for plans or
that they be prepared by a re-
gistered civil engineer or archi-
tect if he finds that there is
sufficient. information without
such requirements to determine
that the work will conform to
this Chapter and other appli-
cable laws. The Director may
also waive the requirement for
written investigation reports if
he determines that soils engin-
eering data and geological in-
formation is not involved.
SECTION 7507. Permit Fees.
(a) Each application for a grad-
ORDINANCE 1018 - Page 3
-,2 .'
rf
ing permit shall be accompanied
by a permit fee, aplan checking
fee, and additional fees based
upon quantities. The fees shall
be established by the City Coun-
cil by resolution.
(b) Each application for a
grading permit which involves
constructing, reconstructing,
altering, repairing or installing
any structure in any natural
watercourse shall be accompan-
ied by a permit fee, a plan
checking fee, and additional
fees based upon the estimated
cost of the construction. The
fees shall be established by the
City Council by resolution.
(c) The fee for, a grading per-
mit authorizing work in addition
to that authorized under a valid
permit shall be the difference
between the fee paid for the
original permit and the fee
shown for the entire project.
(d) For excavation and fill on
the same site, the fee shall be
based upon the volume of the
excavation or the fill, which-
ever is greater.
SECTION - 7508. Inspections.
(a) The Director shall cause the
following inspections robe made
and shall either approve that
portion of the work completed
or shall notify the permit hol-
der wherein the same fails to
comply with this Chapter. If
plans for grading work are re-
quired , a copy bearing the stamp
of approval of the Director shall
be maintained at, the site during
the progress of the grading work
and until the work has been
completed. -
(b) The permittee or his agent
shall notify the Director:
(1) Initial inspection. When
he is ready to begin grading
and not less than twenty -four
(24) hours before any grading
is to be commenced.
(2) Rough Grading. Upon
completion of all rough grad-
ing, at least twenty -four (24)
hoursbefore said Inspection is
to be made.
(3) Final Inspection. Upon
completion of all work, in-
cluding the installation of all
drainage or other structures.
(c) All retaining walls, crib
walls and wing walls are re-
quired to be built under permit
from and inspection by the
Director.
(d) If the Director finds the
soil or other conditions not as
contemplated at the time of
application for a grading per-
mit which in his opinion would
result in an unsafe or unstable
condition, he shall refuse tc
approve further work until ap-
proval is obtained for a revised
grading plan which takes into
account the existing conditions.
SECTION 7509. Tests and
REport. The Director may re-
quirethe inspection and testing
of the excavated areas and the
compaction of fills to be done
byasoils engineer. If inspect -
ion and tests are required, are -
port prepared and signed by said
soils engineer shall be submitted
to the Director upon completion
of the work and shall contain
the following:
(1) A contour map showing
the original and finished sur-
faces of the area.
(2) The unit foundation
bearing value recommended
on the finished surfaces.
(3) A description of the ma-
terialsused in the fill and the
procedure of deposit and com-
paction including the prepar-
ation of the original ground
before making the fill.
(4) A plan showing the lo-
cations of tests made in the
filltogether with a tabulation
of the per cent of compaction
obtained in the various tests.
(5) A statement that all work
was done in conformity with
this Chapter.
If soils investigation reports
have been submitted pursuant
to Section 7506 (d), the Dir-
ector shall require any reports
to be provided under this sect-
ion to be by the same person
or persons. The Director may
ORDINANCE 1018 - Page 4
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•
waive this requirement if the
applicant shows good reasons
therefor.
SECTION 7510. Issuance or
Denial of Permit - Conditions.
(a) Whenever in the judgment
of the Director the proposed
work would directly or indirectly
create a hazard to human life
or endanger adjoining property
orproperty at a higher or lower
level, or anv public sewer,
storm drain, watercourse, street,
street improvement, or any other
public property, the application
shall be denied. If in the opin-
ion of the Director the danger of
hazard can be eliminated by the
erection or installation of walls,
cribs, or other devices, or by a
specified method of performing
the work, the Director may grant
the permit upon condition that
the specified protection and
precautionary work be done to
his satisfaction, or upon condit-
ion that a specified method of
performing the work be used.
(b) In granting any permit
under this Chapter when the pro-
posed work is to extend over
present or prospective lot lines
in any subdivision, the Director
shall whenever practical require
theworktobedone in a manner
so that the top of the slope of a
cut or fill is at or near the side
or rear lot line.
(c) In granting any. permit
under this Chapter; the Director
may attach such conditions
thereto as may be reasonably
necessary to prevent danger to
public or private property or to
prevent the operation from be-
ing conducted in a manner ha-
zardous,to life or property or in
a manner likely to create any
unnecessary nuisance. Such
conditions 'may include, but
shall not be limited to:
(1) Limitations on the hours
of operation during which the
work may be performed.
(2) Designation of routes
upon which materials may be
transported over public streets.
(3) Requirements as to the
laying of dust or the prevention
of noises offensive or injurious
to the neighborhood or the
general public.
(4) Restrictions as to the use
of public streets and places in
the course of the work.
(5) Requirements as to pav-
ing or oiling of temporary
driveways or haul roads con- •
strutted under the permit to
minimize dust.
(6) Requirements for tem-
porary fencing of excavations
or fills which would be haz-
ardous without such fencing.
SECTION 7511. Certificate
of Completion. Following the
completion of the work for which -
a permit has been issued to the
satisfaction of the Director, he
shall prepare and sign a certifi-
cate of completion. The cer-
tificate shall show the date the
permit was issued, the date of
finalapproval of the work, and
the legal description of the pro-
perty on which the work was -
done. One copy of said cer-
tificate shall be delivered to
the permittee, one copy shall
be filed in the Department of
Building and Safety, and at
least one copy shall be retained
in the Public Works Department.
SECTION7512. Lackof Com
_ _ce - Building Permits.
When application is made for a
permit to construct a building
or other structure on ground
where grading has occurred for
which a permit would be re-
quired by the terms of this Chap-
ter, the Director of Building and
Safety shall determine whether
a certificate of completion has
been issued for such grading. If
such a certificate has been issu-
ed, he shall issue the permit for
such building or structure if it
meets all other requirements. If
no such certificate has been issu-
ed , he shall refer the application
to the Director for consideration
and shall not issue the permit
until approved by the Director.
The Director shall approve the
issuance of the permit for the
ORDINANCE 1018 - Page 5
Z, ,
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L.J
building or structure only after
a determination that the grading
meets the requirements of this
Chapter or, if it does not meet
.such requirements, that there
will be no danger to the proposed
building or structure or to sur-
rounding property or to public
streets or ways as a result of the
building or structure being con-
structed on the ground. The
Director mayrrake the determ-
ination herein required either
after an investigation or by re-
quiring the applicant to furnish
awritten opinion by a soils en-
gineer certifying that he has
investigated the site and that the
gradingmeets the requirements
of this Chapter or that there will
be no danger as hereinabove
stated. The Director shall make
a decision on the application
within thirty (30) days after it
is referred to him unless delay
is caused by failure of the ap-
plicant -to supply needed in-
formation or an opinion of a soils
engineer as herein provided.
SECTION7513. Performance-
bonder Cash Deposit. (a) If in
the opinion of the Director the
nature of the work is such that
if left incomplete it will create
a hazard to human life or endan-
ger adjoining property or pro-
perty at a higher or lower level,
orany street or street improve-
ment, or any other public pro -
perry, the Director shall, before
issuing the permit, require a
cash bond, surety bond, or an
irrevocable letter of credit of a
banking institution in a form
satisfactory to him and approved
bythe City Attorney as to form
in an amount of thirty per cent
(301o) of the estimated cost of
the work conditioned upon plac-
ing the site in a safe condition
that eliminates such hazard to
public or privateproperty or in-
terests.
(b) Whenever the Director
shall find that a default has oc-
curred in the performance of any
term or condition of any permit,
written notice thereof shall be
given to the principal and to the
surety on the bond. Such notice
shall state the work necessary to
be done to eliminate anyhazard ,
theestimated cost thereof, and
the period of time deemed by
the Director to be reasonably
necessary, for the completion
of such work.
(c) After receipt of such no-
ticethesurety must, within the
time therein specified, either
cause the required work to be
performed or, failing therein,
pay over to the Director the
estimated cost of doing the work
as set forth in the notice, plus
an additional sum equal to ten
per cent (101o) of the said es-
timated cost to cover the City's
administrative expenses in doing
such work, but not to exceed the
principal sum of the bond. Upon
the receipt of such moneys the
Director shall proceed by such
mode as he deems convenient
to cause the required work to be
performed and completed, but
no liability shall be incurred
therein by the City other than
for the expenditure of the said
.sutra in hand therefor.
(d) If a letter of credit or cash
bond has been posted, notice of
default as provided above shall
be given to the principal and,
if compliance is not had within
the time specified, the Director
shall proceed without delay and
without further notice or pro-
ceedings whatsoever to draw on
the letter of credit for the cost
of the required work plus ten per
cent (101o) thereof or use the
cash deposited to cause the re-
quired work to be done by con-
tract or otherwise in the discret-
ion of the Director. The bal-
ance, if any, of such cash de-
posit shall, upon the completion
of the necessary work, be re-
turned tothedepositor, or to his
successors or assigns, after de-
ducting the cost of the work
plus ten per cent (1016) thereof.
(e) In the event of any default
in the performance of any term
or condition of the permit for
the work, the surety or any per-
son employed or engaged on its
ORDINANCE 1018 - Page 6
behalf, or the Director or any
person employed or engaged on
his behalf, shall have the right
to go upon the premises to com-
plete the required work to make
it safe.
(f) No person shall interfere
With or obstruct the ingress or
egress to or from any such prem-
ises by any authorized repre-
sentativeor agent of any surety
or of the City engaged in per-
forming the work required.
SECTION 7514. Transfer and
Amendment of Permit. Noper-
mft issued hereunder shall be
transferable without the written
permission of the Director. Any
permit may be amended with
the approval of. the Director
where conditions develop which
make such amendment necess-
ary.
SECTION 7515. Enforcement.
Any permit issued under this
Chapter may be suspended or
revoked by the Director after
notice and hearing if any vio-
lation of any condition of the
permit or any violation of any
provision of this Chapter has oc-
curred and such violation en-
dangers public property or the
lives or property of others.
Written notice of the time and
place of such hearing shall be
served upon the person to whom
the permit was, granted, or his
agent or employee engaged in
the work, at least three (3) days
prior to the date set for such
hearing. Suchnotice shall also
containabrief statement of the
grounds to be relied upon for re-
voking such permit.. Notice may
be given either by personal de-
livery thereof to the person to
be notified or by deposit in
the United States mail in a
sealed envelope with postage
prepaid, addressed to such per -
son to be notified at the address
appearing in his application. If
after the hearing the permit is
suspended or revoked, all work
shall be stopped except that
which is authorized or directed
in the order of suspension or re-
vocation until the permit is re-
ORDINAL
instated or a new permit obtain-
ed. If an appeal is taken from
the decision of the Director in
the manner prescribed by this
Chapter, all work may be con-
tinued while the appeal is Pend -
Ing except that designated by
the Director as dangerous or as
contributing to or furthering a
dangerous condition.
SECTION7516. Appeal. Any
applicant for a permit or per- ,
mittee aggrieved by any ad-
ministrative action or decision
may appeal to the City Council
by filing with the City Clerk a
written notice thereof within
fifteen (15) days from the date
of mailing or receipt of notice
of such action or decision,
whichever first occurs. The ag-
grieved person shall be heard by
the City Council at the next
regular or adjourned regular
meeting of 'the City Council
held not, less than 72 hours after
the appeal is filed, after which
the City Council shall have dis-
cretion to grant or deny the ap-
peal or modify the action or de-
cision, and its decision shall be
final. The City Council shall
make its decision at the meet-
ing where the matter -is first
heard unless the person appeal -
ing consents to the matter be-
ing decided at a later time.
SECTION 7517. Permit Ex-
piration - Extension of Time.
Every permit issued hereunder
shall expire at the end of the
period of time set out in the
permit. If the permittee shall
be unable to complete the work
within the specified time, he
shall, prior to expiration of the
permit, present in writing to the
Director a request for an ex-
tension of time, setting forth
therein the reasons for the re-
quested extension. if ir. the
opinion of the Director such an
extension is necessary, he may
grant additional specified time
for the completion of the work.
SECTION 7518. Excava-
tions. (a) Noexcavation shall
be made with a cut face steeper
in slope than one horizontal to
4CE 1018 - Page 7
•
one vertical unless a retaining
wall or other approved support
is provided to support the face
of the excavation.
(b) The Director may upon
request permit deviations from
this standard provided the owner
shall first furnish the Director
with a written opinion of a soils
engineer certifying that he has
investigated the site and that the
proposed deviations will not en-
danger any property.
(c) The Director may require
the excavation to be made with
a cut face flatter in slope than
one horizontal to one vertical
If he finds the material in which
the excavation, is to be made
unusually subject to erosion, or
if other conditions make such
flatter cut necessary for stability
and safety.
(d) This section applies to all
excavations in the City of New -
port Beach regardless of whether
a permit is required by this
Chapter for such excavation.
SECTION 7519. Pills. (a) All
fills shall be compacted unless
the Director finds that such com-
paction is not required as a
safety measure to aid in pre -
ventingthe saturation, slipping
or erosion of the fill.
(b) No fill shall be made which
creates any exposed surface
steeper in slope than one and
one -half (1 -1/2) horizontal to
one (1) vertical. The Director
may, upon request, permit de-
viations from this standard pro-
vided the owner furnishes him
with the written opinion of a
soils engineer certifying that he
has investigated thesiteand that
the proposed deviation will not
endanger any property.
(c) The Director may require
that a fill be constructed with
an exposed surface flatter than
one and one -half (1 -1/2) hori-
zontal to one (1) vertical if he
finds that under the particular
conditions such flatter surface is
necessary for stability and safe-
ty.
(d) Pills shall be, compacted,
inspected and tested in accord-
ance with the following pro-
visions:
(1) The space over which
fills are to be made shall first
becleared of all trash, brush,
trees, stumps, timber, top
soil, saturated material, de-
bris, or other material not
suitable as a foundation for a
fill, and shall be scarified:
(2) All filling shall. be done
with material which does not
prevent compaction and is not
subject to decomposition.
(3) When an existing fill is
to be widened or a new fill is
to be made on a hillside, the
new material shall be bonded
to the old by plowing deep
longitudinal furrows, or by re-
moving topsoil and vegetation
and by compacting the fill
upon a series of terraces.
(4) The fill material, after
compaction, shall have mini-
mum relative density of not
less than ninety per cent (90%)
of maximum dry density (or
such lesser percentage as spec-
ified by the Director) as deter-
mined by the AASHO Soil
Compaction Test T180 -57 as
modified to use three (3) layers
of soil in lieu of five (5) layers
of soil. The California Test
Method No. 216C will be con-
sidered an alternate method
for determining maximum
density and optimum moisture.
(5) A written report in dup-
licate of the compaction,
showing the location, date,
and approximate depth of test
holes, materials used, mois-
ture condition, and relative
dry density obtained from all
tests prepared and submitted
by a soils engineer shall be
submitted to the Director.
Ifthefillis to supportbuild-
ings or structures, the report
shall include recommend -
atibnsas to the recommended
soil bearing pressures.
(e) This section applies to all
fills in the City of Newport
Beach regardless of whether a
ORDINANCE 1018 - Page 8
0
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•
permit is required by this Chap-
ter for such fill except that the
tests and reports specified by
this section shall not be neces-
sary in connection with fills for
which no permit is required.
SECTION 7520. Maintenance
of Protective Devices. The ow-
ner of any property on which an
excavation or fill has been
made pursuant to a permit gran-
ted under this Chapter, or any
other person or agent in control
of such property, shall maintain
in good condition and repair all
retaining walls, cribbing, drain-
age structures, planted slopes
and other protective devices
shown in the approved plans or
drawings submitted with the ap-
plication for the grading permit
and shall not change the direc-
tion of drainage.
SECTION 7521. Hazardous
Grading. Whenever the Direc-
tor determines by inspection
that any existing excavation
or fill from any cause has be-
come a menace to life or
limb, or endangers property, or
affects the safety, usability of
stability of a public way, the
owner of the property upon
whichsuch excavation or fill is
located, or other person or ag-
ent in control of said property,
upon receipt of notice in writ-
ing from the Director so to do,
shall, within one hundred eigh-
ty (180) days from the date of
such written notice, repair or
reconstruct such excavation or
fill so that it will conform to
the requirements of this Chap-
ter, or otherwise repair, recon-
struct, strengthen or eliminate
such excavation or fill in a
manner satisfactory to the Di-
rector 'so that it will no longer
constitute a menace or danger
as aforesaid. A shorter period
of time may be specified by
theDirectorifan imminent and
immediate hazard is found to
exist. Anyperson receiving no-
tice as set out in this section
may appeal from the notice of
the Directorin the manner pro-
vided by this Chapter for mak-
ing appeals.
SECTION 7522. Surface Wat-
ers. Provision shall be made to
prevent any surface waters from
damaging the cut face of an
excavation or the sloping sur-
face of a fill. All drainage fa-
cilities shall be of such design
as to carry surface water to the
nearest practical street, storm
drain, or natural watercourse
approved by the Director as a
safe place to deposit and re-
ceive such waters.
SECTION 7523. Inspection
and Control of Fills. In addi-
tion to the inspection of fills,
the Director may require a cer-
tificate by a soils engineer
showing the condition of fills
based on tests at selected sta-
ges. If favorable conditions ex-
ist, the Director may by prior
approval waive requirements
for. supervision of, or soil tests
by, a soils engineer.
SECTION 7524. Excavations
Adjacent to Public Property. No
person shall excavate on land
sufficiently close to the proper -
tyline to endanger any adjoin-
ing public street, sidewalk, al-
ley, or other public property
without supporting and protect -
ingsuchpublic street, sidewalk,
alley, or other public property
from settling, cracking, or oth-
er •damage which might result
from such excavation. Should
the nature of the excavation
create a hazard to life unless
adequately fenced, the appli-
cant may be required to con-
struct approved fences or guard
rails to safeguard persons using
the public street, sidewalk, al-
ley or other public property.
SECTION 7525. ExistingDrai-
nage Facilities. No person shall
alter any natural drainage
course or existing drainage fa-
cility in such a way as to dam-
age or endanger by flooding,
erosion, or any other means,
any public or private property
or improvements.
ORDINANCE 1018 - Page 9
0
SECTION 7526. Placing Ex-
cavated Material. (a) Noperson
shall dump, move, or place
any earth, sand, gravel, rock,
stone, or other excavated ma-
terial 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 consent 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 accept-
able to the Director.
(b) When, due to a violation
of subsection (a) of this section,
any earth, sand, gravel, rock,
stone or other excavated mat-
erial is caused to be deposited
upon or to roll, flow, or wash
upon any public place or way,
the person responsible therefor
shall cause the same to be re-
moved from Said 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
ofsuchremoval by the Director
shall be paid to the City by the
person who failed to so remove
the material.
SECTION 7527. Erosion Con-
trol. All exposed cut and fill
slopes shall be planted with ap-
proved grasses or ground cover
or treated with chemical soil
stabilizers immediately upon
completion. A list of such ap-
proved grasses, ground cover,
and soil stabilizers shall be
maintained in the office of the
Director.
Cut and fill slopes in excess
of fifteen (15) feet in height
shall also be protected with
temporary devices such as watt-
ling or jute or straw matting.
The Director may require the
construction of five (5) foot
wide benches in cut and fill
slopes at approximately thirty
(30) foot intervals when the ho-
rizontal distance from the toe
to the top is greater than fifty -
five (55) feet.
Compacted berms or curbs
shall be provided at the top of
all fill slopes where necessary
to prevent surface run -off over
the slope.
SECTION 7528. Natural Gro-
und Cover. No person, except
pursuant to written order of the �-
Fire Marshal, shall denude and
destroy the natural cover of any
watershed except for the im-
mediate use and occupation of
the property so denuded in ac-
cordance with and subject to
all applicable provisions of the
zoningand building regulations
of the City.
SECTION 7529. False State-
ments. No person who prepares
or signs any application or plans
or drawings shall willfully make
any false statement or furnish
false data therein or thereon. "
SECTION 2. This ordinance
shall be published once in the
official newspaper of the City,
and thesame shall be effective
30daysafter the date of its ad-
option.
This ordinance was introduced
at an adjourned regular meet-
ing of the City Council of the
City of Newport Beach held on
the 29th day of October, 1962,
and was adopted on the 11th
day of February, 1963, by the
following vote, to wit:
AYES, COUNCILMEN:
Stoddard, Gruber, Hart,
Marshall
NOES, COUNCILMEN:
Cook, Elder
ABSENT COUNCILMEN:
Lorenz
CHARLES E. HART
Mayor
ATTEST:
Margery Schrouder
City Clerk
Publish Feb. 21, 1963,
in the Newport Harbor Ensign
ORDINANCE 1018 - Page 10
l
•
STATE OF CALIFORNIA
COUNTY OF ORANGE SS.
CITY OF NEWPORT BEACH
I, ......... Margery-- SChro mdox ......... ............... ................ City Clerk of the City of Newport
Beach, California, do hereby certify that the foregoing ....... -_ Ordinance.............................................
No ......... 1018 .................. was duly and regularly adopted, passed, and approved by the City Council
of the City of Newport Beach, California, at a regular meeting of said City Council held at the
regular meeting place thereof, on the ....... 1lth ....... day, of. ........ February .............................. 19_63_
by the following vote:
AYES: COUNCILMEN ------ Gruber, Hart, Marshall
NOES: COUNCILMEN ............ _Cook, Elder
ABSENT: COUNCILMEN ............. Lorenz
Dated this ......... zd --------- day
NB 130 -500 12/56
19.63-_
City Clerk andx -Offs io Clerk of the City Council,
City of Newport ach, State of California