HomeMy WebLinkAbout82-22 - Amending Chapter 15.04 of the Newport Beach Municipal Code to Adopt the Uniform Building Code, 1979 Edition•
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ORDINANCE NO. 82 -22
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING CHAPTER 15.04 OF THE NEWPORT BEACH
MUNICIPAL CODE TO ADOPT THE UNIFORM BUILDING
CODE, 1979 EDITION
The City Council of the City of Newport Beach DOES
ORDAIN as follows:
SECTION 1. Chapter 15.04 of the Newport Beach
Municipal Code is amended to read:
Chapter 15.04
BUILDING CODE
Sections:
15.04.010
Adoption of Uniform Building Code
15.04.020
Addition of Section 103.5 to the Building Code
15.04.030
Addition of Section 108 to the Building Code
15.04.040
Addition of Section 110 to the Building Code
15.04.050
Amendment to Section 201 of the Building Code
15.04.060
Amendment to Section 204 of the Building Code
15.04.070
Amendment to Section 205 of the Building Code
15.04.080
Amendment to Table No. 3 -A of the Building Code
15.04.090
Addition of Section 303(a) to the Building Code
15.04.100
Addition of Section 304(f) and (g) to the Building
Code
15.04.110
Amendment to Table 5 -A of the Building Code
15.04.120
Amendment to Section 1101 of the Building Code
15.04.130
Addition of Section 1103 to the Building Code
15.04.140
Addition of Section 1107 to the Building Code
15.04.150
Amendment to Section 3203(f)' of the Building Code
15.04.160
Amendment to Section 3209 (Appendix) of the
Building Code
15.04.170
Amendment to Section 35 of the Building Code, Sound
Transmission Control Noisefinsulation Standards
15.04.180 Amendment to Section 3703(f) of the Building Code
15.04.190 Addition of Subsection 12 of Section 3802(b)
to the Building Code
15.04.200 Amendment to Chapter 54 of the Building Code
15.04.210 Amendment to Appendix Chapter 70 of the
Building Code, Excavation and Grading
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15.04.010 Adoption of Uniform Building Code. Subject to
• the particular additions, deletions and amendments hereinafter
set forth in this Chapter, the rules, regulations, provisions and
conditions set forth in that certain Code entitled "Uniform
Building Code, 1979 Edition, Volume 1" and "Uniform Building Code
Standards, 1979 Edition" respectively, published by the
International Conference of Building Officials, and the whole
thereof, including the appendix thereto, excluding therefrom
Chapter 12, Existing Buildings, Chapter 35, Sound Transmission
Control, and Chapter 51, "Elevators, Dumbwaiters, Escalators and
Moving Walks," three (3) full printed copies of which, printed as
a Code in book form were, by the City Council, ordered filed and
which have been actually filed in the Office of the City Clerk
and which, as so on file; ate hereby referred to, adopted and
made a part hereof as fully and for all intents and purposes as
• though set forth herein at length, shall be and the same are
hereby established and ,adopted as the rules, regulations,
provisions. and conditions to be observed and followed in the
erection, construction, enlargement, alteration, repair, moving,
removal, demolition, conversion, occupancy, equipment, use,
height, area and maintenance of all buildings and structures in
the City providing for issuance of permits and collection of fees
therefor; providing penalties for violation of such Code,
amended or otherwise changed; and subject to said additions,
deletions and amendments hereinafter set forth, said Code is
hereby established and adopted and the same shall be designated,
known and referred to as the "Building Code" of and for the City
of Newport Beach.
15,04.020 Addition of Section 103.5 to the Building
Code. Section 103.5 is added to the Building Code, hereinbefore
adopted in Section 15.04.010, to read:
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'Sec. 103.5 Construction In, On Or Over Water. All
• construction work in, on or over the Pacific ocean,
Newport Bay or other water in which the tide ebbs and
flows is regulated by Title 17 of the Newport Beach
Municipal Code; provided, however, all construction,
alteration, moving, demolition, repair and use of any
building or structure located upon, in or over said
waters shall comply with the standards established in
the Building Code. No person shall do any such work
without complying with the provisions thereof.'
15.04.030 Addition of Section 108 to the Building
Code. Section 108 is added to the Building Code, hereinbefore
adopted in Section 15.04.010, to read:
'Sec. 108 Temporary Construction Use. An automo-
bile trailer, house trailer, mobile home, camper, or
• similar vehicle may be located, occupied and used on
premises in the City where construction work is in pro-
gress for the purpose of a construction office or for
temporary lodging in connection with the construction
work. Any person seeking such use or occupancy shall
apply for a permit therefor from the Building
Official. Such a permit shall be issued only when the
use and occupancy comply with other provisions of this
Code and upon a determination by the Building Official
that under the circumstances will not adversely affect
the health, peace, comfort, morals, or welfare of the
proposed occupants or the public. Revocation shall be
effected by the Building Official only after five (5)
• days of written notice to the permittee and an oppor-
tunity for the_permittee to be heard by the Building
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Official. Notice may be by ordinary mail to the last
• known address of the permittee. Any aggrieved person
may appeal any decision of the Building Official to
grant, deny or revoke a permit to the City Council. The
City Council shall decide the matter after the permittee
and person appealing have had an opportunity to be heard
before the City Council. Notice of the date the matter
shall be heard by the City Council shall be given in
writing to the permittee and the person appealing.
Notice may be by ordinary mail to the last known address
of each.'
15.04.040 Addition of Section 110 to the Building
Code Section 110 is added to the Building Code, hereinbefore
adopted in Section 15.04.010, to read:
'Sec. 110 Chemical Toilets for Construction Work
• No person shall begin any construction project of any
kind in the City without first providing one chemical
toilet equipped with a seat and cover and a separate
urinal, complying with the provisions of this section,
on the site of the construction for the first fifteen
(15) employees or part thereof and one for each
additional fifteen (15) employees or part thereof. Each
toilet structure must be enclosed on the top and all
sides, screened, ventilated and equipped with a self -
closing door. The structure housing such toilet or
toilets must have an inside area of 15 square feet for
each toilet, a minimum ceiling height of 6 feet 6
inches, and a smooth floor not less than 6 inches above
• ground level. All facilities must be pumped out and
recharged with a non - irritating chemical frequently
enough to prevent odors or overflowing. All facilities
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BOARD'OF APPEALS
'Sec. 204 In order to determine the suitability of
alternate materials and methods of construction and to
provide for reasonable interpretation of the provision
of this Code, there shall be and is hereby created a
Board of Appeals consisting of seven (7) members who are
qualified by experience and training to pass upon
matters pertaining to building construction. The Build-
ing official shall be an ex- officio member and shall act
as secretary of the Board. The Board of Appeals shall
be appointed by the City Council and shall hold office
at its pleasure. The Board shall adopt reasonable rules
• and regulations for conducting its investigations and
shall render all decisions and findings in writing to
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required
herein must be maintained during the period of
•
construction.
The Building Official may specify the
location
of the structure or structures on the construc-
tion site
to assure its availability to employees and to
make it less offensive to occupants of surrounding pro-
perty.'
15.04.050
Amendment to Section 201 of the Building
Code Section 201
of the Building Code, hereinbefore adopted in
Section 15.04.010,
is amended to read:
'Sec
201 There is hereby established in the City
the Building Department. The Building Department shall be under
the jurisdiction of
the Building Official.'
15.04.060
Amendment to Section 204 of the Building
Code Section 204
of the `Building Code, hereinbefore adopted in
Section 15.04.010,
is amended to read:
•
BOARD'OF APPEALS
'Sec. 204 In order to determine the suitability of
alternate materials and methods of construction and to
provide for reasonable interpretation of the provision
of this Code, there shall be and is hereby created a
Board of Appeals consisting of seven (7) members who are
qualified by experience and training to pass upon
matters pertaining to building construction. The Build-
ing official shall be an ex- officio member and shall act
as secretary of the Board. The Board of Appeals shall
be appointed by the City Council and shall hold office
at its pleasure. The Board shall adopt reasonable rules
• and regulations for conducting its investigations and
shall render all decisions and findings in writing to
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the Building Official with the duplicate copy to the
• appellant and may recommend to the City Council such new
legislation as is consistent therewith.
Fees for an appeal hearing before the Board of
Appeals are hereby established to be One Hundred Fifty
Dollars ($150.00), payable at the time the applicant
submits his request for a hearing. Should the applicant
desire to withdraw his request prior to a public
hearing, 8.0% of the fee paid shall be refunded in accor-
dance with the City ordinances.'
15.04.070 Amendment to Section 205 of the Building
Code Section 205 of the Building Code, hereinbefore adopted in
Section 15.04.010, is amended to read:
'Sec. 205 Violations and Penalties. Any person,
firm or corporation violating any of the provisions of
• this Code shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be punishable by a fine
not to exceed Five Hundred Dollars ($500.00), or by
imprisonment in the County jail for a period not to
exceed six (6) months, or by both such fine and
imprisonment. Each separate day or any portion thereof
during which any violation of this Code occurs or con-
tinues shall be deemed to constitute a separate offense,
and upon conviction thereof shall be punishable as here-
in provided.
The issuance or granting of a permit or approval of
plans and specifications shall not be deemed or constru-
ed to be a permit for, or an approval of, any violation
• of any of the provisions of this Code. No permit
presuming to give authority to violate or cancel the
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provisions of this Code shall be valid, except insofar
• as the work or use which it authorizes is lawful.
The issuance or granting of a permit or approval of
plans shall not prevent the Building Official from
thereafter requiring the correction of errors in plans
and specifications or from preventing construction
operations being carried on thereunder when in violation
of this Code or of any other ordinance or from revoking
any Certificate of Approval when issued in error.
15.04.080 Amendment to Table No. 3-A of the Building
Code. Table 3 -A of the Building Code, hereinbefore adopted in
Section 15.04.010, is amended to add and change fees as shown.
All other portions of Table 3 -A, not hereafter specifically
amended, shall be adopted as published.
Other Inspections and Fees:
• 1. Inspections outside of normal business hours
(minimum charge - 2 hrs.) ........... $25.00/ hr.
2. Reinspection fee assessed under provisions
of Section 305(8) ...............$15.00 each
3. Inspections for which no fee is
specifically indicated
(minimum chage 1/2 hr.) .............$25.00/ hr.
4. Additional plan review required by changes
additions or revisions to approved plans
(minimum charge - 1 hr.) ............ $25.00/ hr.
15.04.090 Addition of Section 303(a) to the Building
Code. Section 303 is added to the Building Code, hereinbefore
adopted in Section 15.04.010, to read:
'Sec 303(a) Issuance. The application and plans
filed by an applicant for a permit shall be reviewed by
the Building Official. Such plans may be reviewed by
• other departments of the City to check compliance with
the laws and ordinances under their jurisdiction. If
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the Building 'Official is satisfied that the work des-
cribed in an application for permit and the plans filed
therewith conform to the requirements of this Code and
other pertinent laws and ordinances, and that the fee
specified in Section 304(a) has been paid, he shall
issue a permit therefor to the applicant.
When the Building Official issues the permit, he
shall mark or stamp on both sets of plans 'Permit
Set'. Such plans shall not be changed, modified or
altered without authorization from the Building
'Official, and all work shall be done in accordance with
the stamped plans.
The Building Official may issue a permit for the
construction of part of a building or structure before
the entire plans and specifications for the whole build-
ising or structure have been submitted or approved provid-
ed adequate information and detailed statements have
been filed complying with all pertinent requirements of
this Code. The holder of such permit shall proceed at
his own risk without assurance that the permit for the
entire building or structure will be granted.
15.04.100 Addition of Section 304 (f) and (g) to the
Building Code. Subsections (f) and (g) of Section 304 are added
to the Building Code, hereinbefore adopted in Section 15.04.010
to read:
'(f) Other Fees. For any special inspection or
investigation of any use, occupancy, change in use or
occupancy and building or structure or any other work
• not otherwise covered herein by any owner, agent, agency
or other person $50.00 for the first hour or part there-
of plus $25.00 for each additional hour or part thereof.
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E
Whenever any work for which a permit is required
•
under the provisions of this Code has been commenced,
constructed or completed without the authorization of
such permit, a special investigation may be required
before a permit will be issued for such work in order to
determine whether the work done complied with the Code
requirements. In addition to the regular permit fees,
an investigation fee of $50.00 for the first hour or
part thereof plus $25.00 for each additional hour or
part thereof shall be collected for the time required
for the investigation where such is found to be neces-
sary. No permit shall be issued when an investigation
fee is due until such fee has been paid.
The payment of the investigation fee shall not
exempt any person from compliance with the provisions of
•
this Code nor from any penalty prescribed by law.
The provisions of this section shall not apply to
emergency work when it is demonstrated to the Building
Official that such work was urgently required and that
it was not practical to obtain a permit therefor before
the commencement of the work. In all such cases a per-
mit must be obtained as soon as it is practical to do
so, and any work which has been concealed shall be
exposed for inspection if such inspection is
necessary. If there is an unreasonable delay in obtain-
ing such a permit, an investigation fee as herein
provided shall be charged.'
'(g) Surrender of Permit. If no portion of the
•
work or construction covered by a permit issued by the
Building Official under the provisions of this Code has
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been commenced, the person to whom such permit has been
• issued may deliver such permit to the Building Official
with a request that such permit be cancelled. The
Building Official shall thereupon stamp or write on the
face of such permit the words 'Cancelled at the request
of the Permittee.' Thereupon such permit shall be null
and void and of no effect.'
15.04.110 Amendment to Table 5 -A of the Building
Code. Table 5 -A of the Building Code, hereinbefore adopted in
Section 15.04.010, is amended to change the description of occu-
pancy Class 2, Group M only. All other portions of Table 5 -A not
hereinafter specifically amended shall be adopted as published.
'Group M. Description of Property - Class 2.
Fences over three (3) feet in height and higher, tanks
and towers.'
• 15.04.120 Amendment to Section 1101 of the Building
Code. Section 1101 of the Building Code, hereinbefore adopted in
Section 15.04.010, is amended to read:
'Sec. 1101 Group M Occupancies shall be:
Division 1. Private garages, carports, sheds and
agricultural buildings.
Division 2. Fences over three (3) feet high, tanks
and towers.'
15.04.130 Addition of Section 1103 to the Building
Code. Section 1103 is added to the building Code, hereinbefore
adopted in Section 15.04.010, is amended to read:
'Sec 1103 Location on Property. For fire - resistive
protection of exterior walls and openings, as determined
by location on property, see Section 504 and Part IV.
•
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EXCEPTIONS Residential patios and private carports
• open on at least three sides and not over400 square feet
in area are exempt from the fire - resistive protection
for exterior walls and openings as required by this
ordinance.' See Chapter 20 of the Newport Beach
Municipal Code for required setbacks.'
15.04.140 Addition of Section 1107 to the Building
Code Section 1107 is added to the Building Code, hereinbefore
adopted in Section 15.04.010:
'Sec. 1107 Fencing Required.
Every swimming pool, pond or other body of water
eighteen (18) inches or more in depth at any point shall
be surrounded by a fence or wall not less than five (5)
feet above the adjacent exterior grade. Openings bet-
ween vertical members shall be not wider than five (5)
• inches and horizontal members accessible from the ex-
terior, shall be no closer than 48 inches.
EXCEPTION NO. 1: Fences may be omitted from the
side of swimming pools which front directly upon a
stream, river, Newport Bay or the Pacific Ocean.
EXCEPTION NO. 2: Any pool located at the hotel or
motel which has staff on continuous duty, seven (7) days
a week, twenty -four (24) hours a day.
EXCEPTION NO. 3: Ponds or other bodies of water
filled or supplied by water from natural runoff.
Gates and doors opening through such enclosures
shall be self - closing and self - latching with release
five (5) feet above exterior grade or so located on the
ispool side as to prevent release from the exterior.
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EXCEPTION NO. 1: Door opening into a dwelling or
• apartment (attached garages are considered part of the
dwelling) .
EXCEPTION NO. 2: When approved by the Building
Official, municipal or public school operated pools or
ponds when under continuous supervision while gates or
doors are unlocked.
Except for single family residences, the fence or
walls shall be so located as to allow access to all
living units without entering the pool enclosure. The
fence or walls shall serve to isolate the pool from
other activities or structures and shall be located in
view of the pool. A building wall with no doors or
openable, unscreened windows with sills under five (5)
feet in height, may be used in part of such pool enclo-
sures when within the specified distance of the pool.
EXCEPTION: When approved by the Building Official,
such enclosures may include sunshade, toilet or shower
structures which are used only in conjunction with the
pool.'
15.04.150 Amendment to Section 3203(f). Section
3202(f) of the Building Code, hereinbefore adopted in Section
15.04.010 is amended to read:
'(f) Ordinary Roof Covering. An ordinanry roof
covering shall be any one of the following roofings:
1. Any roof covering listed in Section 3203(e).
2. Any built -up roofing assembly not less than Class C
roofing.
• 3. Any mineral aggregate surface built -up roof for applica-
tion to roofs having a slope of not more than 3 inches
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to 12 inches applied as specified in Section 3203(d)2,
• consisting of not less than the following:
Base Sheet and Plies
Three layers of Type 15 organic or inorganic fiber felt,
and
Surfacing Material
300 pounds per roofing square of gravel or other approv-
ed surfacing material, or
250 pounds per roofing square of crushed slag in 50
pounds of asphalt, or 60 pounds of pitch.
4. Any prepared roofing not less than Class C roofing as-
sembly.
5. Any pressure treated wood shingles not less than Class C
roofing assembly.
6. Any pressure treated wood shakes not less than Class C
• roofing assembly.
NOTE: Section 1704 addressing ordinary roof coverings and
special purpose roofs shall pass Class C test per U.B.C. Standard
No. 32 -7. See Appendix Section 3209 for repair and reroofing
requirements.'
Section 15.04.160 Amendment to Section 3209
(Appendix) Section 3209 of the Building Code, hereinbefore
adopted in Section 15.04.010 is amended to read:
'Sec 3209. All re- roofing shall conform to the
applicable provisions of Chapter 32 of this code.
Roofing materials and methods of application shall
comply with Uniform Building Code Standards or shall
follow the manufacturer's installation requirements when
approved by the Building Official.
•
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When replacing, adding or repairing more than 108
• of any existing roof, material shall comply with Section
3203(f) and shall pass Class C test per U.B.C. Standard
No. 32 -7. This section shall supersede Section 104(b)
of the Uniform Building Code.'
15.04.170 Amendment to Section 35 of the Building Code,
Sound Transmission Control Noise/ Insulation Standards. Chapter
35 of the Building Code, hereinbefore adopted in Section
15.04.010, is amended to read:
CHAPTER 35
SOUND'TRANSMISSION CONTROL
NOISE INSULATION STANDARDS
'Sec. 3501 Noise Insulation Standards.
• (a) Purpose The purpose of this Chapter is to estab-
lish uniform minimum noise insulation performance standards to
protect persons within new residential structures from the
effects of excessive noise, including but not limited to, hearing
loss or impairment and persistent interference with speech and
sleep.
(b) Application and Scope. The provisions of this
Chapter relating to noise insulation performance standards apply
to new R -1 and R -3 occupancies.
(c) Definitions. The following special definitions
shall apply to this Chapter as applicable:
(1) Impact Insulation Class (IIC) - A single
number rating for ceiling -floor construction that
represents the ability of the construction to iso-
late impact noise, where measurement procedure is
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based on ASTM E492 -73T and as defined in U.B.C.
• Standard No. 35 -2.
(2) Sound Transmission Class (STC) - A single
figure rating for floor ceiling and interior wall
partition construction that represents the ability
of the construction to isolate airborne noise,
where measurement procedure is based on ASTM E90 -70
or ASTM E366 -71 and as defined in U.B.C. Standard
No. 35 -1.
(d) Sound Transmission Control Between Dwelling
Units. The provisions of this section shall apply only to apart-
ment houses, condominiums, attached single - family dwellings,
hotels, motels and dwellings other than detached single - family
dwellings.
(1) Wall and Floor- Ceiling Assemblies. Wall and
• floor- ceiling assemblies separating dwelling units
or guest rooms from each other and from public
space, such as interior corridors and service
areas, shall provide airborne sound insulation for
walls, and both airborne and impact sound insula-
tion for floor - ceiling assemblies.
(2) Airborne Sound Insulation. All such separat-
ing walls and floor - ceiling assemblies shall
provide an airborne sound insulation equal to that
required to meet a Sound Transmission Class (STC)
of 50 (45 if field tested) as defined in U.B.C.
Standard No. 35 -1.
Penetrations or openings in construction assemblies for
• piping, electrical devices, recessed cabinets, bathtubs, soffits,
or hearing, ventilating or exhaust ducts shall be sealed, lined,
insulated or otherwise treated to maintain the required ratings.
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Dwelling unit entrance doors, exterior or from interior
• corridors, together with their perimeter seals, shall have a
Sound Transmission Class (STC) rating of not less than 30 and
such perimeter seals shall be maintained in good operating condi-
tion.
(3) Impact Sound Insulation. All separating
floor - ceiling assemblies between separate units or
guest rooms shall provide impact sound insulation
equal to that required to meet an impact Sound
Insulation Class (IIC) of 50 (45 if field tested)
as defined in U.B.C. Standard No. 35 -2. Floor
coverings may be included in the assembly to obtain
the required rating, and must be retained as a
permanent part of the assembly and may only be
16
replaced by other floor covering that provides the
•
same insulation required above.
(4) Tested Assemblies. Field or laboratory tested
wall or floor - ceiling designs have an STC or IIC of
50 or more as determined by U.B.C. Standard No. 35-
1, 35 -2, or 35 -3 may be used without any additional
field testing when in the opinion of the Building
Official, the laboratory tested design has not been
compromised by flanking paths. Test may be requir-
ed by the Building Official.
(5) Field Testing and Certification. Field test-
ing, when required, shall be done under the super-
vision of a professional acoustician who shall be
experienced in the field of acoustical testing and
engineering, who shall forward certified test re-
•
sults to the Building Official showing that the
16
source room to the receiving room shall be
considered to be transmitted through the test par-
tition.
(7) Impact Sound Insulation Field Test. When
required, impact sound insulation shall be deter-
mined in accordance with U.B.C. Standard No. 35 -2.
(e) Noise Insulation from Exterior Sources. The
provisions of this section apply to all residential structures.
• (1) Location and Orientation. Consistent with
land use standards, residential structures located
in noise critical areas, such as proximity to se-
lect system of county roads and city streets (as
specified in Section 186.4 of the State of
California Streets and Highway Code), railroads,
rapid transit lines, airports, or industrial areas,
shall be designed to prevent the intrusion of ex-
terior noises beyond prescribed levels with all
exterior doors and windows in the closed
position. Proper design shall include, but shall
not be limited to, orientation of the residential
structure, set - backs, shielding and sound insula-
tion of the building itself.
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minimum sound insulation
requirements stated
above
•
have been met.
(6) Airborne Sound Insulation Field Tests.
When
required, airborne sound
insulation shall be
deter-
mined according to the
applicable Field Airborne
Sound Transmission Loss
Test procedures of
U.B.C.
Standard No. 35 -3. All
sound transmitted from
the
source room to the receiving room shall be
considered to be transmitted through the test par-
tition.
(7) Impact Sound Insulation Field Test. When
required, impact sound insulation shall be deter-
mined in accordance with U.B.C. Standard No. 35 -2.
(e) Noise Insulation from Exterior Sources. The
provisions of this section apply to all residential structures.
• (1) Location and Orientation. Consistent with
land use standards, residential structures located
in noise critical areas, such as proximity to se-
lect system of county roads and city streets (as
specified in Section 186.4 of the State of
California Streets and Highway Code), railroads,
rapid transit lines, airports, or industrial areas,
shall be designed to prevent the intrusion of ex-
terior noises beyond prescribed levels with all
exterior doors and windows in the closed
position. Proper design shall include, but shall
not be limited to, orientation of the residential
structure, set - backs, shielding and sound insula-
tion of the building itself.
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(2) Interior Noise Levels. Interior community
• noise equivalent levels (CNEL) with windows closed
attributable to exterior sources shall not exceed
an annual CNEL of 45 dB in any habitable room.
(3) Airport Noise Sound. Residential structures
to be located within an annual CNEL contour (as
defined in Title 4, Subchapter 6, California
Administrative Code) of 60 require an acoustical
analysis showing that the structure has been
designed to limit intruding noise to the prescribed
allowable levels. CNEL's shall be as determined by
the local jurisdiction in accordance with its local
general plan.
(4) Vehicular and Industrial Noise Sources.
Residential buildings or structures to be located
• within exterior community noise equivalent level
contours of 60 dB of an existing or adopted
freeway, expressway, major street, thoroughfare,
railroad, or rapid transit line shall require an
acoustical analysis showing that the proposed
building has been designed to limit intruding noise
to the allowable interior noise levels prescribed
in Section 1098(d) (2). Exception: Railroads
where there are no nighttime (10:00 p.m. to 7 :00
a.m.).railway operations and where daytime (7:00
a.m. to 10:00 p.m.) railway operations do not ex-
ceed four per day. See Chapter 10.28 for pro-
hibited noises.
•
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(f ) Compliance
• (1) Evidence of compliance shall consist of sub-
mittal of an acoustical analysis report, prepared
under the supervision of a person expeienced in the
field of acoustical engineering, with the applica-
tion for building permit. The report shall show
topographical relationship of noise sources and
dwelling site, identification of noise sources and
their characteristics, predicted noise spectra at
the exterior of the proposed dwelling structure
considering present and future land usage, basis
for prediction (measured or obtained from published
data), noise attenuation measures to be applied,
and an analysis of the noise insulation effective-
pliance or non - compliance with prescribed interior
•
allowable levels shall be submitted to the Building
official.'
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ness of the proposed construction showing that the
•
prescribed interior noise level requirements are
met. If interior allowable noise levels are met by
requiring that windows be unopenable or closed, the
design for the structure must also specify the
means that will be employed to provide ventilation,
and cooling if necessary, to provide a habitable
interior environment.
(2) Field Testing. When inspection indicates that
the construction is not in accordance with the
approved design, field testing may be required.
Interior noise measurement shall be taken under
conditions or typical maximum exterior noise level
within legal limits. A test report showing com-
pliance or non - compliance with prescribed interior
•
allowable levels shall be submitted to the Building
official.'
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Section 15.04.180 Amendment to Section 3703(f). Section
3703(f) of the Building Code, hereinbefore adopted in Section
. 15.04.010 is amended to read:
(f) Height and Termination. Every chimney shall
•
extend above the roof and the highest elevation of any
part of a building as shown in Table No. 37 -B. All
chimneys shall terminate in a substantially constructed
spark arrester having a mesh not exceeding 1/2 inch.
15.04.190 Addition of Subsection 12 of Section 3802(b)
to the Building Code. Subsection 12 of Section 3802(b) is added
to the Building Code, hereinbefore adopted in Section 15.04.010,
to read:
'Section 3802(b) 7. In all buildings having floors
used for human occupancy located more than 55 feet above
the lowest level of Fire Department vehicle access.'
Section 15.04.200 Amendment to Chapter 54 of the Build-
ing Code. Section 5402, 5406 and 5407 of Chapter 54 of the
Building Code, hereinbefore adopted in Section 15.04.010, is
amended to read:
Identification
'Sec. 5402. Each light shall bear the manufacturer's
label designating the type and thickness of glass. When approved
by the Building Official, labels may be omitted, provided an
affidavit is furnished by the glazing contractor certifying that
each light
is glazed in accordance with
approved plans
and speci-
fications.
Identification of glazing
in hazardous
locations
shall be in accordance with Section 5406.'
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Safety Glazing
'Sec. 5406.
(a) General.
comply with this section.
Glazing subject to human impact shall
EXCEPTION: Louvered windows or jalousies complying with
Section 5405 need not comply with Subsection (c) of-this section.
(b) Identification. Each light of safety glazing
material installed in hazardous locations as defined in Section
5406(d) shall be identified by a label which will specify the
labeler, whether the manufacturer or installer, and state that
safety glazing material has been utilized in such installation.
For additional identification requirements and for limitation on
size and use by category classification, see U.B.C. Standard No.
54 -2, Part I.
Each unit of tempered glass shall be permanently
identified by the manufacturer. The identification shall be
etched or ceramic fired on the glass and be visible when the unit
is glazed. Tempered spandrel glass is exempted from permanent
labeling but such glass shall be identified by the manufacturer
with a removable paper label.
(c) Human Impact Loads. Individual glazed areas in
hazardous locations such as those indicated in Section 5406(d)
shall pass the test requirements of Part I of U.B.C. Standard No.
54 -2 or by comparative tests approved by the Building Official
which shall be proved to produce at least equivalent performance.
EXCEPTION: Polished wired glass complying with Part II
of U.B.C. Standard No. 54 -2 may be used in fire assemblies and in
locations specified in Items Nos. 6 and 7 of Section 5406 (d).
Plastic glazing used in exterior applications also shall comply
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with the weathering requirements in Part I of U.B.C. Standard No.
54 -2.
• (d) Hazardous Locations. The following shall be con-
sidered specific hazardous locations for the purposes of glazing:
(1) Glazing in ingress and egress doors except
jalousies.
(2) Glazing in fixed and sliding panels of slid-
ing-type doors other than wardrobe doors.
(3) Glazing in storm doors.
(4) Glazing in all unframed swinging doors.
(5) Glazing in shower and bathtub doors and-enclo-
sures.
(6) Glazing, operable or inoperable adjacent to a
door in all buildings and within the same wall
plane as the door whose nearest vertical edge
is within 12 inches of the door in a closed
• position and whose bottom edge is less than 60
inches above the floor or walking surface.
(7) Glazing in fixed panels other than those
covered by Item No. 6 which have a glazed area
in excess of 9 sq. ft. and the lowest edge is
less than 18 in. above the finished floor
level or walking surface within 36 in. of such
glazing. In lieu of safety glazing, such
glazed panels may be protected with a horizon-
tal member not less than 1 1/2 in. in width
when located between 24 and 36 in. above the
walking surface.
EXCEPTION: The following products, materials and uses
are exempt from the above hazardous locations:
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(1) Openings in doors through which a 3 in. sphere
is unable to pass.
(2) Assemblies of leaded glass or faceted glass
• and items of carved glass when used for
decorative purposes indoors or in locations
described in Section 5406(d), Item No. 6 or 7,
above.
(3) Glazing materials used as curved glazed panels
in revolving doors.
(4) Commercial refrigerated cabinet glazed doors.
(e) Wardrobe Doors. Glazing in wardrobe doors shall
meet the impact test requirements for safety glazing as set forth
in U.B.C. Standard No. 54 -2, Part II. Laminated glass must also
meet the boil test requirements of U.B.C. Standard No. 54 -2, Part
II.
EXCEPTION: The impact test shall be modified so that if
• no breakage occurs when the impacting object is dropped from the
height of 18 in., the test shall progress in height increments of
6 in. until the maximum of 48 in. is reached.
Hinged Shower Doors
'Sec. 5407. Hinged shower doors shall open outward.
15.04.210 Amendment to Appendix Chapter 70 of the Build-
ing Code, Excavation and Grading. Appendix Chapter 70 of the
Building Code hereinabove adopted in Section 15.04.010, is amend-
ed to read:
•
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CHAPTER 70
• EXCAVATION AND GRADING
Section 7001. The purpose of this chapter is to safe-
guard life, limb, property and the public welfare by regulating
grading, drainage and hillside construction on private property
and for similar improvement proposed by private interests on City
right -of -way where regulations are not otherwise exercised.
Section 7002 This chapter sets forth rules and regu-
lations to control excavation, grading, drainage conditions,
erosion control, earthwork construction including fills and
embankments, and the use of earth materials as a structural com-
ponent; establishes the administrative procedure for'issuance of
permits; and provides for the approval of plans and inspection
of grading construction and drainage control.
• Section 7003.1 No person shall do any grading without
first having obtained a Grading Permit from the Building Official
except for the following:
1. An excavation below finish grade for basements and
footings of a building, retaining wall or other structure autho-
rized by a valid Building Permit. This shall not exempt any fill
made with the material from such excavation nor exempt any exca-
vation which is unsupported or unstable after the completion of
such structure, nor shall it exempt any condition resulting from
the construction of such structure which requires grading or
construction of drainage improvements to provide a safe and
stable structure which does not create adverse conditions on
other properties, either public or private.
2. Cemetery graves.
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0 -s2 -22
3. Refuse disposal sites covered by other regulations.
4. Excavations for wells or tunnels or utilities under
• the jurisdiction of other agencies. This shall not exempt any
fill made from such excavations on private property unless pre-
emptive regulations have been established by law.
5. Mining and quarrying together with necessary stock-
piling, processing and other activities where established and
provided such operations do not significantly affect the lateral
or vertical support or significantly increase the stresses in or
pressure upon any adjacent or continguous property.
6. Exploratory excavations under the direction of
soils engineers or engineering geologists.
7. An excavation which (a) is less than 2 ft. in
depth; or (b) which does not create a cut clope greater than 5
ft. in height and steeper than two horizontal to one vertical;
and (c) which is less than 50 cubic yard on one site and does not
• create an adverse erosion, drainage, groundwater, or slope condi-
tion requiring remedial work covered by these regulations.
S. Unless preempted by other regulation, fill which
does not exceed 50 cubic yards on any one site which is not part
of a regular maintenance procedure and which:
(a) Is placed on natural undisturbed terrain with
a slope flatter than 5 horizontal to 1 vertical; or
(b) Less than 3 ft. in depth not intended to sup-
port structures provided:
(i) No fill which may create an adverse
slope, erosion, drainage, groundwater or structural
condition shall be placed without a Grading Permit;
(ii) No person shall construct, reconstruct,
alter, repair or install any structure in any
•
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natural drainage channel water course without a
Grading Permit;
• (iii) Road or parking lot paving work shall be
performed under permit, unless waived by the Build-
ing official or as maintenance work.
Exceptions listed above shall not be interpreted as
exempting future construction on a site from code compliance due
to an exempted nonconforming condition nor shall any exception be
construed as exempting an adverse condition from being corrected
in accordance with the provisions of this ordinance and the
hazards abatement procedures, nor shall it be construed as
exempting any requirement for grading as a flood plane management
requirement.
Section 7003.2 Whenever the Building official
determines that: (a) construction of any device or structure has
resulted or may result in adverse drainage, groundwater, or slope
• conditions; or (b) existing drainage conditions have resulted or
may result in adverse erosion conditions, he may require a
Drainage Permit to be obtained and corrective work accomplished.
Section 7004• Whenever the Building Official determines
by inspection, from information made available to him, that any
existing drainage condition, excavation, fill, natural slope or
subsurface condition has become a hazard to life and limb, or
endangers property or adersely affects the safety, use or stabi-
lity of a public way or any drainage channel, he shall make a
determination of the level of hazard and the owner of the pro-
perty upon which the drainage conditions, excavation, fill,
natural slope or subsurface condition is located, or other person
or agent in control of said property, upon receipt of notice in
writing from the Building Official shall, within the period
•
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specified, correct such conditions in accordance with the
requirements and conditions set forth in such notice so as to
• eliminate the hazard and be in conformance with the requirements
of this code, and procedures of the hazards abatement section of
the Uniform Code for the Abatement of Dangerous Buildings, as
adopted by the City of Newport Beach.
Section 7005. Definitions. For purposes of this
Chapter, the definitions listed hereunder shall be construed as
specified in this section.
APPROVAL shall mean a written, engineering or geolo-
gical opinion concerning the satisfactory progress and completion
of the work.
AS- GRADED" is the topographic surface at completion of
grading.
BEDROCK is in -place of solid rock.
BENCH is a relatively level step excavated into earth
• material on which fill is to be placed.
BORROW is earth material acquired from off -site loca-
tion for use in grading on a site.
CIVIL ENGINEER shall mean a professional engineer in
the branch of civil engineering holding a valid certification of
registration, issued by the State of California.
CIVIL ENGINEERING shall mean the application of the
knowledge of the forces of nature, principles of mechanics and
the properties of materials to the evaluation, design and con-
struction of civil works for the beneficial uses of mankind.
CLEARING, BRUSHING AND GRUBBING shall mean the removal
of vegetation (grass, brush, trees and similar plant types or
root systems) by mechanical means.
•
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COMPACTION is the densification of a fill by mechanical
means.
• EARTH MATERIAL is any rock, natural soil or fill and/or
any combination thereof.
ENGINEERING GEOLOGIST shall mean a professional geolo-
gist registered in the State of California as a geologist and
certified by the State of California to practice engineering
geology in the field of civil works.
EROSION is the wearing away of the ground surface as a
result of the movement of wind, water and/or ice.
EXCAVATION is the mechanical removal of earth material.
FILL is a deposit of earth material placed by arti-
ficial means.
GRADE shall mean the vertical location of the ground
surface.
ROUGH GRADE is the final grade of the site which con-
forms to the approved plan.
FINISH GRADE is the final grade of the site which
conforms to the approved plan.
GRADING CONTRACTOR is a contractor licensed and
regulated by the State of California who specializes in grading
work or is otherwise licensed to do grading work.
KEY is designed and compacted fill placed in a trench
excavated in earth material beneath the toe of a proposed fill
slope.
LANDSLIDE shall mean the downward and outward movement
of soil, rock or fill or a combination thereof, or the resultant
materials from such movement.
MASSIVE LANDSLIDE shall mean a landslide too large to
be stablized by retaining methods or normal control methods.
• PERMIT shall mean any permit issued pursuant to this
Code, together with the application for the same, the conditions
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upon which it was issued, together with any plans, specification,
reports and approved modifications pertaining thereto.
• PERMITTEE shall mean the owner or his authorized agent
to whom a Grading Permit is issued.
SEDIMENT is the material derived by erosion carried by
an agent of erosion.
SITE is any lot or parcel of land or contiguous com-
bination thereof, under the same ownership, where grading is
performed or permitted.
SLOPE is an inclined ground surface, the inclination of
which is expressed as a ratio of horizontal distance to vertical
distance.
SOIL is naturally occurring surficial deposits over-
lying bedrock.
SOIL ENGINEER is a civil engineer with training and
experience in soil mechanics who specializes in the practice of
• soils and foundation engineering.
SOIL ENGINEERING shall mean the application of the
principles of soil mechanics in the investigation, testing,
evaluation and design of civil works involving the use of earth
materials and the evaluation, inspection and testing of the con-
struction thereof.
TERRACE is a relatively level step constructed in the
face of a grade slope surface for drainage and maintenance pur-
poses.
TRACT is a subdivision of land containing five (5) or
more lots.
•
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Section 7006. Grading Permit Requirements
(a) Permits Required. Except as exempted in Section
• 7003 of this Code, no person shall do any grading without first
obtaining a permit from the Building Official. A separate permit
shall be required for each site and may cover excavation, fills
and paving.
(b) Application. The provisions of Section 301(b) are
applicable to grading and in addition the application shall state
the estimated quantities of work involved. The work shall also
conform to the requirements of the flood plane management
ordinance.
(c) Plans and Specifications. When required by the
Building 'Official, each application for a Grading Permit or
Building Permit shall be accompanied by two sets of plans and
specifications, and supporting data consisting of soil
engineering and engineering geology report or other report. The
• plans and specifications shall be prepared and signed by a civil
engineer when required by the Building Official. Within the
Newport Bay drainage catchment area, a grading plan, including
erosion control, is required unless waived in writing by the
Building Official.
(d) Information on Plans and in Specifications. Plans
shall be drawn to scale upon substantial paper or cloth and shall
be of sufficient clarity to indicate the nature and extent of the
work proposed and show in detail that they will conform to the
provisions of this Code and all relevant laws, ordinances, rules
and regulations. The first sheet of each set of plans shall give
the location of the work and the name and address of the owner,
the person by whom they were prepared and where required, the
• name(s) and address(es) of professional person(s) or firm(s)
pertaining to the project.
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•
•
The plans shall include the following information:
(1) General vicinity of the proposed site;,
(2) Property limits, permit area limits and accurate
contours of existing ground and details of terrain and
area drainage.
(3) Limiting dimensions, elevations or finish contours
to be achieved by the grading and proposed drainage
channels and related construction. In a flood plane
zone, information concerning habitable floor elevations
and flood protection designs shall be included.
(4) Detailed plans of all surface and subsurface
drainage devices, walls, cribbing, dams and other
protective devices to be constructed with, or as a part
of the proposed v?ork, together with a map showing the
drainage area and the estimated runoff of the area
served by any drains.
(5) Detailed plans for temporary (during construction)
and /or permanent sediment and pollution control
facilities. The Building official may require the
inclusion of pollutant traps on the plans and
specifications to intercept pollutants from project
drainage unless construction on a building is on- going.
(6) Detailed plans for temporary (during construction)
and /or permanent sediment control facilities.
(7) Location of any buildings or structures on the
property where the work is to be performed and the
location of any buildings or structures or slopes on
land of adjacent owners which are within 15 ft. of the
property or which may be affected by the proposed
grading operations.
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(8) Any additional plans, drawings, calculations,
environmental impact information, or other reports
• required by the Building Official. If the grading
project includes the movement of earth material to or
from the site, the Building Official may require a
description of the haul route to be submitted for
approval.
(e) Soil Engineering Report. The soil engineering
report required by Subsection (c) shall include data regarding
the nature, distribution, strength and consolidation
characteristics of existing soils, conclusions and
recommendations for grading procedures and design criteria for
corrective measures when necessary, and opinions and
recommendations covering adequacy of sites to be developed by the
proposed grading. These listings shall not be interpreted to
prevent the Building Official from requiring other information
• required to produce a safe and stable condition.
Recommendations included in the report and approved by
the Building Official shall be incorporated into the grading
plans or specifications.
(f) Engineering Geology Report. The engineering
geology report required by Subsection (c) shall include an
adequate description of the geology of the site, including
necessary maps and illustrations showing geographic distribution
of the features described related to the proposed development,
conclusions and recommendations regarding the effect of geologic
conditions on the proposed development, and opinions and
recommendations covering the adequacy of sites to be developed by
the proposed grading.
is
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Recommendations included in the report and approved by
the Building Official shall be incorporated, into the grading
• plans or specifications.
(g) Issuance. The provisions of Section 303 are
applicable to Grading Permits. The Building'Official may require
that grading operations and project designs be modified to
provide for erosions controls if project completion, including
erosion protection devices, will extend into the rainy season
(October 15th through May 15th) or if delays occur which incur
weather - generated problems. The plans shall list specific dates
for completion of erosion control measures, and further subject
to the provisions of Section 7017. In addition to the time
limitations as specified in Section 303 (d), every permit issued
shall be valid for a period of one year from the date thereof.
(h) Transport of Barth from or to the Project Site.
All earth materials which are moved on public roadways from or to
• the site of an earth grading operation, the following
requirements shall apply:
(1) Either water or dust palliative, or both, must
be applied for the alleviation or prevention of
excessive dust resulting from the loading or
transportation of earth from or to the project site on
public roadways. The permittee shall be responsible for
maintaining public right -of -way used for handling
purposes in a condition free of dust, earth or debris
attributed to the grading operation.
•
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•
34
(2) Loading and transportation of earth from or to
the site are subject to the requirements of Section
•
10.28.040 of the Newport Beach Municipal Code.
(3) Access road to the premises shall be only at
points designated on the approved grading plan.
(4) The last fifty (50) feet of the access road,
as it approaches the intersection with the public
roadway, shall have a grade not to exceed three percent
(3 %). There must be a 300 ft. (three- hundred) clear,
unobstructed sight distance to the intersection from
both the public roadway and access road. If the three
hundred feet (300 ft.) sight distance cannot be
obtained, the permittee shall post flagmen as required
for traffic safety.
(5) A stop sign conforming to the requirements of
Section 21400 of the California Vehicle Code shall be
•
posted at the entrance of the access road to the public
roadway.
(6) An advance warning sign must be posted on the
public roadway, four - hundred feet (400 ft.) on either
side of access intersection, carrying the words "truck
crossing." The sign shall be a diamond shape, each side
being thirty inches (30 in.) in length, shall have a
yellow background, and the letters thereon shall be
placed six feet (6 ft.) from the edge of the pavement
and the base of the sign shall be five feet (5 ft.)
above the pavement level. The advance warning sign
shall be covered or removed when the access intersection
is not in use.
•
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Section 7006.1
(a) Drainage Permits.
• Where the Building Official determines that existing or
proposed construction may alter or has altered drainage
conditions so as to create an adverse or dangerous condition, or
where existing drainage conditions result in an adverse or
dangerous condition, he may require a drainage permit to be
obtained for the purpose of preventing or eliminating the adverse
or dangerous conditions and require corrective work to be
accomplished.
(b) Application.
The application shall use the same form as the
Grading Permit, and shall state that the purpose is for drainage
alterations.
(c) Plans and Specifications.
Plans may be required accurately showing the
• existing conditions and proposed alterations in sufficient detail
to make a determination concerning the conformance to this Code
of the proposed alterations. Inspection only may be required by
the Building Official where the alterations are of a minor
nature.
(d) Conditions
In granting any permit under this Chapter, the
Building official may attach such conditions thereto as may be
reasonable and necessary to prevent danger to public or private
property or to prevent the operation from being conducted in a
manner hazardous to life or property or in a manner likely to
create any unnecessary nuisance.
•
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Section 7007
(a) Plan Checking Fee
• (i) For excavation and fill on the same site, the
fee shall be based on the volume of the excavation
or fill, whichever is greater, and shall be sixty -
five percent (65 %) of the Grading Permit fee.
Before accepting a set of plans and specifications
for checking, the Building Official shall collect a
plan checking fee. Separate permits and fees shall
apply to retaining walls over three feet (3 ft.) in
height and additional fees shall be collected for
pavement and drainage collection, stabilization and
erosion protection devices not exempted in
accordance with this Code. There shall be no
separate charge for standard terrace drains,
standard subdrains, temporary erosions or sediment
• control devices or similar facilities.
The plan checking fee for a Grading Permit authorizing
additional work to that under a valid active permit shall be the
difference between such fee paid for the original permit and the
fee shown for the entire project. The plan checking fee for
major alterations to an approved grading plan under an active
permit shall be based upon the percentage of the plan changed
applied to the original plan check fee. No additional fee shall
be paid for checking corrections required on the plans.
(ii) Drainage Permit Plan Checking Fee. The
Building Official may charge a plan checking fee,
if in his opinion, the proposed drainage
alterations are sufficient in extent to require
more than field inspection to ensure code
36
•
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conforming improvement. Fees shall be assessed in
a similar manner to a Grading Permit plan checking
f ee .
(b) Grading Permit Fee. A fee for each Grading Permit
shall be paid to the Building Official. The fee for a Grading
Permit shall be based on the volume of excavation or fill which
ever is greater and based on Table 70 -B plus fees based on the
estimated valuation of retaining walls for which no separate
permit is required combined with the estimated valuation of any
commercial or industrial paving, drainage collection,
stabilization and erosion control devices not exempted by this
Code in accordance with Table 70 -C.
(c) Drainage Permit Fee. A fee for each drainage
permit shall be paid to the Building Official. The fee shall be
calculated in the same manner as calculating a Grading Permit
f ee.
TABLE 70 -B
GRADING PERMIT FEES
100 cubic yards or less ...... .........................$33.00
101 to 1,000 cubic yard... .... ....$33.00
... ... .......... ..
the first 100 cubic yards plus $12.00 for each
additional 100 cubic yard or fraction thereof
1,001 to 10,000 cubic yards.. .. .......$141.00
.. .. ..........
the first 1,000 cubic yards plus $12.00 for
each additional 1,000 cubic yards or
fraction thereof
10,001 to 100,000 cubic yards.. ..... .. ........$249.00
the first 10,000 cubic yards plus $49.00
for each additional 10,000 cubic yards
or fraction thereof
100,001 cubic yards or more... .......$691.50
... ... ........
the first 100,000 cubic yards plus $26.00
for each additional 10,000 cubic yards or
fraction thereof
37
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TABLE 70 -C
For structures or improvements in connection with grading and
plan checking with respect thereto:
Estimated Cost of Structure Fee
Less than $ 20. 00 ......... .............................No Fee
$20.00 to and including $ 100. 00 ........................$3.00
More than $100.00 to and including $400.00 .............$4.50
More than $400.00 to and including $700.00 .............$6.50
More than $700.00 to and including $1,000 ..............$7.50
Each additional $1,000.00 or fraction to
and including $25, 000.00 . ..........................$4.00
Each additional $1,000.00 or fraction to
and including $50,000.00.... ......... o ............. $3.50
Each additional $1,000.00 or fraction to
and including $100,000.00....o ...... o .......... o ... $2.50
Each additional $1,000.00 or fraction more
than $ 100, 000.00 ......... ..........................$1.50
When plans are required for the proposed structure, an
additional fee for plan checking shall be paid at the time of
submitting the application. Said plan checking fee shall be
equal to one -half (1/2) of the fee heretofore established in
Table 70 -C.
No additional fee shall be paid for checking corrections
required on the plans.
Section 7008. Bonds. The Building official may require
bonds in such form and amounts as may be deemed necessary to
assure that the work, if not completed in accordance with the
approved plans and specifications will be corrected to eliminate
hazardous conditions.
In lieu of a surety bond, the applicant may file a cash
bond or instrument of credit with the Building official in an
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amount equal to that which would be required in the surety bond.
Section 7009. Cuts.
• (a) General. Unles otherwise approved by the Building
Official and recommended in the approved soil engineering and/or
engineering geology report, cuts shall conform to the provisions
of this Section.
(b) Slope The slope of cut surfaces shall be no
steeper than is safe for the intended use. Cut slopes shall be
no steeper than two horizontal to one vertical (2:1).
(c) Drainage and Terracing. Drainage and terracing
shall be provided as required by Section 7012.
Section 7010. Fills.
(a) General. Unless otherwise approved by the Building
Official and recommended in the approved soil engineering report,
these provisions may be waived for minor fills not intended to
support structures, provided such fills are protected against
. soil erosion in the Newport Bay drainage catchment area.
EXCEPTIONS
(1) Fills excepted in Section 7003 and where the
Building Official determines that compaction is not a
necessary safety measure to aid in preventing
saturation, settlement, slipping or erosion of the fill.
(2) Where lower density and expansive types of soil
exist, then permission for lesser compaction may be
granted by the Building Official, upon showing of good
cause under the conditions provided herein.
(b) Fill Location. Fill slopes shall not be
constructed on natural slopes steeper than two horizontal to one
veritical (2:1).
• (c) Preparation of Ground. The ground surface shall be
0 -8z -22
prepared to receive fill by removing vegetation, noncomplying
fill, topsoil and other unsuitable materials, scarifying to
• provide a bond with the new fill, and, where slopes are steeper
than five (5) horizontal to one (1) vertical, and the height is
greater than five (5) feet, by bending into sound bedrock or
other competent material as determined by the soils engineer.
The bench under the toe of a fill on a slope steeper than five
(5) horizontal to one (1) vertical shall be at least ten (10)
feet wide. The area beyond the toe of fill shall be sloped for
sheet overflow or a paved drain shall be provided.
Where fill is to be placed over a cut, the bench under
the toe of fill shall be at least ten (10) feet wide but the cut
must be made before placing fill and approved by the soils
engineer and engineering geologist as a suitable foundation for
fill. Unsuitable soil is soil which, in the opinion of the
Building Official or the civil engineer or the soils engineer or
• the geologist, is not competent to support other soil or fill, to
support structures or to satisfactorily perform the other
functions for which the soil is intended.
The final report and approval by the soils engineer
shall describe the limits and extent of removal of unsuitable
materials including a description of the criteria used for
determination of the suitable material.
(d) Fill Material Earth materials which have not more
than minor amounts of organic substances and have no rock or
similar irreducible material with a maximum dimension greater
than 8 inches shall be used.
EXCEPTIONS:
The Building Official may permit placement of a larger
• rock when the soils engineer properly devises a method of
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placement, continuously inspects its placement and approves the
fill stability. The following conditions shall also apply:
• (1) Prior to the issuance of the Grading Permit,
potential rock disposal area(s) shall be delineated on
the grading plan.
(2) Rock sizes greater than eight (8) inches in maximum
dimension shall be ten (10) feet or more below grade,
measured vertically.
(3) Rocks greater than eight (8) inches shall be placed
so as to be completely surrounded by fine grained
soils; no nesting of rocks will be permitted.
(e) Compaction. All fills shall be compacted to a
minimum of 90 percent of maximum density as determined by U.B.C.
Standard No. 70 -1 or a more restrictive standard if recommended
in the approved soils engineering report. Field density shall be
determined in accordance with U.B.C. Standard No. 70 -2 or
• equivalent as approved by the Building Official. The Building
Official may require tests of the compressibility and anticipated
fill settlement characteristics where more than 10 feet of fill
is to be placed.
The final report and approval by the soils engineer
shall contain the type of field testing performed. Each test
shall be identified, located, and the method of obtaining the in-
place density, either U.B.C. Standard No. 70 -2 or the approved
equal, shall be so noted.
Sufficient maximum density determinations by test
method, U.B.C. Standard No. 70 -1, or the approved method, shall
be performed during the grading operations to verify the accuracy
of the maximum density curves used by the soils engineer.
• (f) Slope The slope of fill surfaces shall be no
41
0 -82 -22
steeper than is safe for the intended use. Fill slopes shall be
no steeper than two horizontal to one vertical.
. EXCEPTION:
The Building official may authorize a fill to be
constructed with an exposed surface steeper than two horizontal
to one vertical (2:1) when he finds: the applicant has submitted
a soil engineer's report recommending such steeper slope which
report includes sufficient soil test data and other information
to substantiate slope stability and safety when saturated, and
including an evaluation of the creep characteristics of the soil
and surficial stability.
(g) Drainage and Terracing. Drainage and terracing
shall be provided and the area above fill slopes and the surfaces
of terraces shall be graded and paved as required by Section
7012.
(h) Utility Line Backf ill. All backfill in utility
isline trenches both inside and outside of the building shall be
compacted and tested in compliance with Subsection (e) of this
section, and the soils engineer shall observe, test and render an
opinion to the Building Official as to whether this backfilling
has been satisfactorily accomplished. Alternate methods of
filling and reduced compaction requirements may be applied on
certain projects when specified by the soils engineer and
approved by the Building Official.
EXCEPTION:
On single lot projects where no soils engineer was
required during grading of the site, the Building Official may
waive tested compaction and allow the use of approved material
which is relatively self- compacting. This material and the
method of placement must be approved prior to backfilling, and
•
42
0 -82 -22
trenches utilizing this material must cross foundations at right
angles or be located outside a one horizontal to one vertical
• plane extending from the nearest point of the foundation to the
bottom of the trench.
Section 7011. Setbacks.
(a) General. The setbacks and other restrictions
specified by this Section are minimum and may be increased by the
Building Official or by the recommendation of a civil engineer,
soils engineer or engineering geologist, if necessary for safety
and stability or to prevent damage of adjacent properties from
deposition or erosion or to provide access for slope maintenance
and drainage. Retaining walls may be used to reduce the required
setbacks when approved by the Building Official. Where natural
slopes are involved, setbacks shall be interpreted to include a
2:1 setback plane unless specifically contradicted in the
approved reports.
• (b) Setbacks from Property Lines The tops of cuts and
toes of fill slopes shall be set back from the outer boundaries
of the permit area, including slops right area and easements, in
•
accordance with Figure No. 1 and Table No. 70 -Di
TABLE 70 -D'
SETBACKS
H (FF) a b
r
5 - 30 H/ 2 H/ 2
Over 30 15 10
43
•
•
•
0 -a2 -22
PAS
� A
106 OF
5LO PE
NATUKAL. OK rINl4N 61KADP.
*Permit Area Boundary
FIGURE NO. 1
PA �
I .
I
I
TOI' OP
6LOYE
I
I
I
I
�NATUFCAL
SLOr'E
H PA PERMIT AREA
1. If drainage is carried on this side in an
unimproved earth swale, the setback from the top of slop (or
berm) to the face of the building or projection thereof is
7' -0 ". This may be reduced to the tabular value if an improved
drainage device is used.
2. If the slope is flatter than five (5) horizontal to
one (1) vertical, the setback required is 2' - 011.
3. The tabular values may be enforced for natural
slope conditions as determined by the Building official.
H12 6Ur NEED NOT EXCEED LOFT MAXIMUM
H/2 gut Neev NOT l;XGELC
15 Ff, MAXIMUM
FIGURE NO. 2
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Section 7012. Drainage and Terracing.
(a) General Unless otherwise indicated on the approved
• grading plan, drainage facilities and terracing shall conform to
the provision of this Section.
(b) Terrace. Terraces at least 6 ft. in width shall be
etablished at not more than 30 -ft. vertical intervals to control
surface drainage and debris. Suitable access shall be provided
to permit proper cleaning and maintenance.
Swales or ditches on terraces shall have a minmum
gradient of six (6) percent and must be paved with reinforced
concrete not less than three (3) inches in thickness or an
approved equal paving. They shall have a minimum depth at the
deepest point of eighteen (18) inches and a minimum paved width
of five (5) feet.
A single run of swale or ditch shall not collect
runoff from a tributary area exceeding 13,500 sq. ft. (projected)
• without discharging into a down drain.
(c) Subsurface Drainage. Cut and fill slopes shall be
provided with subsurface drainage as necessary for stability.
Unless waived by the Building Official, all canyons shall be
provided with subsurface drainage.
(d) Disposal. All drainage faciliites shall be
designed to carry waters to the nearest practicable drainage way
approved by the Building Official and/or other appropriate
jurisdiction as a safe place to deposit such waters. All buried
pipe shall be constructed of corrosion - resistance pipe. If
drainage facilities discharge onto natural ground, riprap or
conversion to sheet flow may be required. Building pads shall
have a drainage gradient of two percent (2 %) toward approved
• drainage facilities, unless waived by the Building Official.
45
0 -82 -22
EXCEPTION:
The gradient from the building pad may be one percent
• (18) if all of the following conditions exist throughout the
permit area:
1) No proposed fills are greater than 10 ft. in
maximum depth.
2) No proposed finish cut or fill slope faces
have a vertical height in excess of 10 ft.
3) No existing slope faces, which have a slope
face steeper than 10 horizontally to 1 vertically,
have a vertical height in excess of 10 ft.
(e) Commercial and Industrial Drainage Standards.
Drainage standards for industrial/ commercial developments in non -
hilly areas shall conform to the following minimum standards:
A. Rough Grade Minimum Gradient
1. Earth at rough grade stage 0.58
• B. Finished Grade:
1. Earth 1.08
2. Asphalt pavement (sheet flow) 1.08
3. Concrete drain in earth area 0.58
4. Concrete gutter in asphalt 0.28
paved area.
C. When asphalt concrete pavement is recommended for
parking lot surfacing or other similar use by the civil engineer
or architect, this paving will conform to the following minimum
standards unless otherwise approved by the Building Official.
For the purpose of this section, use of asphalt concrete (A.C.)
aggregate base (A.B.) prime coat, tack coat, seal coat shall meet
the current standards of the City of Newport Beach and/or the
approval of the Building Official, and shall be designed in
• accordance with any generally accepted pavement design
46
0 -82 -22
criteria. In the event that the design method is unfamiliar to
the Building Official, background material and references as to
• its use may be required prior to approval.
D. In parking lot design, access shall be provided to
entrances and exits for pedestrian traffic not affected by
concentrated flow.
E. Penetration of landscape irrigation water under
pavement shall be mitigated through the design process.
Section 7013. Erosion Control.
(a) Slopes. The faces of cut and fill slopes shall be
prepared and maintained to control against erosion. This control
may consist of effective planting. The protection for the slopes
shall be installed as soon as practicable. The Building Official
may require planting and irrigation systems to be intalled prior
to rough grade approval, and such systems shall be installed
prior to final approval.
• Slope irrigation for tracts may be required to be
controlled by automatic systems equipped with an override keyed
to continuous soil moisture measurement devices; other projects
may be required to have such systems if adverse ground water
conditions exist which may be worsened by landscape irrigation
where cut slopes are not subject to erosion due to the erosion -
resistant character of the materials, such protection may be
omitted if specifically waived by the Building Official.
Planting materials and maintenance schedules shall be approved by
the Building Official. To assure that cuts and fill slopes will
be effectively planted, the preparation and planting should be
designed by an experienced landscape planner, each bank should be
planted upon its completion and all planting must be maintained in
• growing condition for at least two years or until accepted by the
47
0 -82 -22
Building Official.
(b) Pads. Pads should be prepared and maintained to
• control erosion in the same manner as required for slopes. The
Building Official may waive the requirement for planting on pads
when construction has commenced within ten (10) days of the
completion of the grading.
(c) Other Devices. Where necessary, check dams,
cribbing, riprap or other devices or methods shall be employed to
control erosion and provide safety. Absence of specific measure
on the plans shall be accompanied by a statement on the plans by
the Building Official that none are needed.
(d) Permanent desilting facilities may be required by
the Building Official where undue siltation of Newport Bay may
result.
(e) Minimum size of temporary basins shall be
established by the uniform soil loss equation. If all weather
• cleanout capability in the basin is not provided, greater
capacity will be required.
(f) Both sheet flow and concentrated flow areas shall
be considered in design of erosion control systems, in addition,
sediment control shall include provisions for both low flow
volume as well as intense rainfall conditions.
(g) Erosion control shall be coordinated with sites
contiguous to the permit area to achieve effective control.
Section 7014. Grading Inspection
(a) General. All grading operations for which a permit
is required shall be subject to inspection by the Building
Official. When required by the Building Official, special
inspection of grading operations and special testing shall be
• performed in accordance with the provisions of Section 306 and
48
0 -82 -22
Subsection 7014 (c). Erosion control devices shall be installed,
inspected and approved by the Building Official prior to the
• rainy season (October 15th through May 15th.)
(b) Grading Designation. Commercial, industrial,
tracts, or grading in potentially hazardous areas and all grading
in excess of 5000 cubic yards shall be performed in accordance
with the approved grading plan prepared by a civil engineer, and
shall be designated as "engineered grading." Grading involving
less than 5000 cubic yards shall be designated "regular grading"
unless the permittee, with the approval of the Building Official,
chooses to have the grading performed as "engineered grading."
The Building Official may require a survey at the completion of
regular grading to ensure compliance with drainage requirements.
(C) Engineered Grading Requirements. For engineered
grading, it shall be the responsibility of the civil engineer who
prepares the approved grading plan to incorporate all recommenda-
tions from the soil engineering and engineering geology reports
into the grading plan. He shall also be responsible for the
professional inspection and approval of the grading within his
area of technical specialty. This responsibility shall include,
but need not be limited to, inspection and approval as to the
establishment of line, grade and drainage of the development
area. The civil engineer shall act as the coordinating agent in
the event the need arises for liaison between the other profes-
sionals, the contractor, and the Building 'Official. The civil
engineer shall also be responsible for the preparation of revised
plans and the submission of as- graded plans upon completion of
the work. The grading contractor shall submit a form prescribed
by the Building Official, a statement of compliance to said as-
graded plan.
49
0 -82 -22
Soil engineering and engineering geology reports shall
be required as specified in Section 7006. During grading all
necessary reports, compaction data and soil engineering and
engineering geology recommendations shall be submitted to the
civil engineer and the Building Official by the soil engineer and
the engineering geologist.
The soil engineer's area of responsibility shall
include, but need not be limited to, the professional inspection
and approval concerning the preparation of ground to receive
fills, testing for required compaction, stability of all finish
slopes and the design of buttress fills, where required,
incorporating data supplied by the engineering geologist.
The engineering geologist's area of responsibility shall
include, but need not be limited to, professional inspection and
written approval of the adequacy of natural ground for receiving
fills and the stability of cut slopes with respect to geological
• matters, and the need for subdrains or other ground water drain-
age devices. He shall report his findings to the soils engineer
and the civil engineer for engineering analysis.
The Building Official shall inspect the project at the
various stages of the work requiring certification and at any
more frequent intervals necessary to determine that adequate
control is being exercised by the professional consultants.
(d) Regular Grading Requirements. The Building Of-
ficial may require inspection and testing by a qualified soil
engineer.
The soil engineer's responsibility shall include, but
need not be limited to, approval concerning the inspection of
cleared areas and benches to receive fill, and the compaction of
• fills.
o -a2 -22
When the Building Official has cause to believe that
geologic factors may be involved, the grading operations will be
• required to conform to 'engineering grading' requirements.
(e) Notification of Noncompliance. If, in the course
of fulfilling their responsibility under this Chapter, the civil
engineer, the soil engineer, the engineering geologist or the
test agency finds that the work is not being done in conformance
with this Chapter, or the approved grading plans, the discrepan-
cies shall be reported immediately in writing to the person in
charge of the grading work and to the Building Official. Recom-
mendations for corrective measures, if necessary, shall be
submitted.
(f) Transfer of Responsibility for Approval. If the
civil engineer, the soils engineer, the engineering geologist or
the contractor are changed during the grading, then work shall be
stopped until:
• (1) The owner submits a letter of notification
verifying the change of the responsible professional, with a copy
so noted, to be sent to the prior responsible professional; and
(2) The new responsible professional submits in
writing, that he assumes all responsibility within his purview as
of a specified data. Also, he must state he has reviewed all
prior reports and/or plans (specified by date and title) and work
performed by the prior responsible professional; concurs with
findings, conclusions and recommendations, and is satisfied with
the work performed or excepts certain portions and provides
recommendations for the required remedial work necessary for his
acceptance. All exceptions must be justified.
(g) Site Inspection by the Building official.
• (1) Site Inspection and Pre - Inspection:
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0 -s2 -22
52
Prior to the approval of any building or grad-
ing plans and specifications, the_ Building
•
Official may inspect the site to determine
that the plans and specifications are current
and reflect existing conditions.
(2) Inspection of Excavation and Fills:
The permittee or his agent shall notify the
Building Official when the grading operation
is ready for each of the following
inspections: '
(a) Pre - Grading Inspection. When the permit -
tee is ready to begin work, but not less
than two (2) days before any grading or
brushing is started;
(b) Toe Inspection. After the natural ground
or bedrock is exposed and prepared to
•
receive fill, but before fill is placed;
(c) Excavation Inspection. After the excava-
tion is started, but before fill is plac-
ed.
(d) Fill Inspection. After the fill place-
ment is started, but before the vertical
height of the fill exceeds ten (10) feet;
(e) Drainage Device Inspection. After form-
ing of terrace drains, or after placement
of pipe in subdrains, but before any
concrete or filter material is placed.
(f) Rough Grading. When all rough grading
has been completed, this inspection may
•
be called for at the completion of rough
52
0 -s2 -22
•
•
grading without the necessity of the
Building Official having previously
reviewed and approved the reports;
(g) Final. When all work, including instal-
lation of all drainage structures and
other protective devices has been
completed and the as- graded plan, profes-
sional written approval, and the required
reports have been submitted.
(3) Revised Grading Plan: If the Building Of-
ficial finds the soil or other conditions not
as stated in the application for a Grading
Permit, he may refuse to approve further work
until approval is obtained for a revised grad-
ing plan which will conform to the existing
conditions.
(4) Other Inspections: The provisions of Section
304(e) shall apply to all grading work and
whenever the Building Official determines that
the work does not comply with the terms of the
permit, or this code, or that the soils or
other conditions are not as stated on this
permit, he may order the immediate cessation
of all work thereunder, and such work shall
cease until such corrections shall be complied
with.
(5) Prior to the issuance of Building Permits for
a graded site, the rough grading shall be
completed to the satisfaction of the respon-
sible engineers, engineering geologist, and
the Building Official.
53
0 -s2 -22
(6) Whenever any work on which inspections are
required is covered or concealed by additional
• work without first having been inspected, the
Building Official shall require, by written
notice, that such work be exposed for examina-
tion. The work of exposing and recovering
shall not entail or be subject to expense to
the City of Newport Beach, and shall be the
sole expense of the Permittee.
(7) Authority to Stop Work: Whenever any building
work or grading is being done contrary to the
provisions of this Code, the Building Official
may order the work stopped by notice in writ-
ing, served on any persons engaged in the
doing or causing of such work to be done, and
any such persons shall forthwith stop such
• work until authorized by the Building Official
to proceed with the work. The provisions of
Sections 201, 202, 203 and 205, as amended,
shall be construed to apply to grading con-
struction work.
Section 7015. Completion of Work.
(A) Final Reports. Upon completion of the rough grad-
ing work and at the final completion of the work, the Building
Official may require the following reports and drawings and supp-
lements thereto.
(1) An as- graded grading plan prepared by the
civil engineer, including original ground surface
elevations, lot drainage patterns and locations,
and elevations of all surface and sub - surface
r
�i
54
o -s2 -22
drainage facilities. He shall provide written
approval that the work was done in accordance with
• the final approved grading plans.
(2) A soil grading report prepared by the soils
engineer, including locations and elevations of
field density tests, summaries of field and labora-
tory tests and other substantiating data, and com-
ments on any changes made during grading and their
effect on the recommendations made in the soils
engineering investigation report. He shall provide
written approval as to the adequacy of the site for
the intended use.
(3) A geologic grading report prepared by the
engineering geologist, including a final descrip-
tion of the geology of the site, including any new
information disclosed during the grading, and the
• effect of same on recommendations incorporated in
the approved grading plan. He shall provide witten
approval as to the adequacy of the site for the
intended use as affected by geologic factors.
(B) Notification of Completion. The permittee or his
agent shall notify the Building Official when the grading opera-
tion is ready for final inspection. Final approval shall not be
given until all work, including installation of all drainage
facilities and their protective devices and all erosion control
measures have been completed in accordance with the final approv-
ed grading plan and the required reports have been submitted.
The permittee or his agent shall also furnish evidence to the
Building Official that all slopes, debris basins or other erosion
• control devices will be maintained. Temporary devices shall be
removed prior to completion.
55
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Section 7016. Alternate Methods The provisions of this
chapter are not intended to prevent the use of any material or
• method of construction not specifically prescribed by this chap-
ter, provided any such alternate has been approved pursuant to
this section.
The Building Official may approve any such alternate
provided he finds that the proposed design is satisfactory and
complies with the provisions of this Chapter and that the
material, method or work offered is for the purpose intended at
least the equivalent of that prescribed in this Chapter in qua-
lity, strength, effectiveness and safety.
The Building Official shall require that sufficient
evidence or proof be submitted to substantiate any claims that
may be made regarding its use.
Whenever there is insufficient evidence of compliance
with the provisions of this Chapter or evidence that any material
• or any construction does not conform to the requirements of this
Code, or in order to substantiate claims for alternate material
or methods of construction, the Building Official may require
tests as proof of compliance to be made at the expense of the
owner or his agent by an approved agency.
Test methods shall be specified by this Chapter for the
material in question. If there are not appropriate test methods
specified in this Chapter, the Building Official shall approve
the test procedure. Copies of the results of all such tests
shall be retained for a period of not less than two (2) years
after the acceptance of the grading.
Section 7017. Denial of Permit
(a) Hazardous grading. The Building Official shall not
issue a permit in any case where he finds that the work as
•
56
0 -82 -ii
proposed by the applicant is liable to constitute a hazard to the
public welfare, endanger life or any private property, result in
• the deposition of debris on any public way, or interfere with any
existing drainage course, cause any excess siltation in any na-
tural river, stream, drainage course, or Newport Bay.
(b) Geological or Flood Hazard. If, in the opinion of
the Building Official, the land area for which grading is propos-
ed is subject to geological or flood hazards to the extent that
no reasonable amount of corrective work can eliminate or suffi-
ciently reduce the hazard to human life or property, the Grading
Permit and the Building Permits for habitable structures shall be
denied.
(c) Environmental Effect, Mitigation. The Building
Official may require plans and specifications to be modified in
order to mitigate anticipated adverse environmental effects at
proposed grading projects and he may, under circumstances where
• significant adverse effects of a proposed grading project cannot
be mitigated, deny the issuance of a grading permit. When a
categorical exemption is not appropriate for a site of proposed
grading work, the City shall cause to be prepared an initial
study, which shall be submitted to the Building Official. If the
initial study shows that no significant adverse environmental
effects will result from the project, a negative declaration may
be issued. The Building Official shall cause the site to be
posted and the members of the City Council notified regarding the
issuance of the negative declaration. Appeal of the Building
Official's determination to issue a negative declaration shall be
set forth in the State EIR Guidelines, Title 14, Section 15000 et
seq., California Administrative Code. The Building Official may
charge a fee to a permit applicant for the preparation and
• processing of environmental documentation.
57
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Section 7018. Placing Excavated Material.
(a) Unauthorized Dumping Prohibited. No person shall
• dump, move, or place any earth, sand, gravel, rock, stone, or
other excavated material so as to cause the same to be deposited
upon or to roll, flow or wash upon or over the premises of an-
other without the express consent of the owner of each such pre-
mises so affected, or upon or over any public place or way. Such
consent shall be in writing and in a form acceptable to the
Building Official.
(b) Removal of Misplaced Material. When, due to a
violation of this section, any earth, sand, gravel, rock, stone
or other excavated material is caused to be deposited upon or to
roll, flow, or wash upon any public place or way, the person
responsible therefor shall cause the same to be removed from the
public place, or way, within thirty -six (36) hours. In the event
it is not so removed, the Building Director shall cause such
• removal and the cost of such removal by the Building Director
shall be paid to the City by the person who failed to so remove
the material.
Section 7019. Denuding Natural Ground Cover No person,
except pursuant to written order of the Fire Marshal, shall de-
nude and destroy the natural cover of any watershed except for
the immediate use and occupation of the property so denuded in
accordance with and subject to all applicable provisions of the
zoning and building regulations of the City. See Title 20.
SECTION 2. This Ordinance shall be published once in
the official newspaper of the City and the same shall be effec-
tive 30 days after the date of its adoption.
•
67LI
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This 'Ordinance was introduced at a regular meeting of
• the City Council of the City of Newport Beach held on the
27thday of September , 1982, and was adopted on the
12th day of October , 1982 by the following vote, to
wit:
AYES, COUNCILMEMBERS Hummel, Cox, Hart,
Heather, Strauss, Maurer, PlumnX-x
NOES, COUNCILMEMBERS None
ABSENT COUNCILMEMBERS None
•
59