HomeMy WebLinkAbout92-17 - Amending Chapter 15.04 of the Newport Beach Municipal Code to Adopt the Uniform Building Code, 1991 Editionis
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ORDINANCE NO. 92- 17
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING CHAPTER 15.04 OF THE NEWPORT BEACH
MUNICIPAL CODE TO ADOPT THE UNIFORM BUILDING
CODE, 1991 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
adopted to read:
Chapter 15.04
BUILDING CODE
Sections:
15.04.010
Adoption
of
Uniform Building Code.
15.04.020
Deletion
of
Chapters 1, 2, and 3.
15.04.030
Addition
of
Section 103.5.
15.04.040
Addition
of
Section 108.
15.04.050
Addition
of
Section 110.
15.04.060
Amendment
to
Table 5 -A.
15.04.070
Amendment
to
Section 1101.
15.04.080
Addition
of
Section 1103.
15.04.090
Amendment
to
Table 32 -A.
15.04.100
Amendment
to
Section 3209 (Appendix).
15.04.110
Addition
to
Section 3305(g) (Exception 5).
15.04.120
Addition
to
Section 3802(a).
15.04.130
Addition
of
Subsections 5 and 6 to Section
3802(b).
15.04.140
Amendment
to
Appendix Chapter 70.
15.04.010 Adoption of the Uniform Building Code. The City Council adopts
and incorporates by reference, as though set forth in full in this Chapter the
1991 edition of the "Uniform Building Code ", including Appendix Chapters 29, 31,
32, 35, 38, 49, 51, 55, 70, Division II of 12 and 23 as published by the
International Conference of Building Officials. The City Council also adopts and
incorporates by reference all applicable portions of Title 24, California Code
of Regulations subject to the changes, and modifications set forth in this
chapter.
The City Council also adopts and incorporates by reference, as though set
forth in full in this Chapter the 1991 edition of the "Uniform Building Code
Standards" including all national codes and standards referenced therein as
published by the International Conference of Building Officials.
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The various parts of these Codes and Standards, along with the additions,
amendments, and deletions adopted in this Chapter, shall constitute and be known
as the Newport Beach "Building" Code. A copy of the 1991 Uniform Building Code
and Uniform Building Code Standards, printed in code book form shall be kept on
file in the office of the City Clerk.
• 15.04.020 Deletion of Chapters 1, 2 and 3 of Uniform Building Code.
Chapters 1, 2 and 3 of the Uniform Building Code are deleted. All
administrative provisions including enforcement, permit process, fees and
inspections for this Chapter are contained in the Administrative Code under
Chapter 15.02.
15.04.030 Addition of Section 103.5.
Section 103.5 is added to the Building Code to read:
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 shall comply with Title 17 of the
Newport Beach Municipal Code in addition to the provisions of this chapter.
15.04.040 Addition of Section 108 to the Building Code.
Section 108 is added to the Building Code to read:
Sec. 108 Temporary Construction Use. An automobile trailer, house
trailer, mobile home, camper, or similar vehicle may be located, occupied and
used on the premises where construction work is in progress 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 all 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
after five (5) days of written notice to the permittee and an opportunity for the
permittee to be heard by the Building 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
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2writing to the permittee and the person appealing. Notice may be by mail to the
last known address of each.
15.04.050 Addition of Section 110
Section 110 is added to the Building Code to read:
Sec. 110 Chemical Toilets for Construction Work
•No person shall begin a construction project of any kind in the City
without first providing one chemical toilet equipped with a seat and cover and
a separate urinal, that complies with the provisions of this section on the
construction site, 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. All facilities must be pumped out and
recharged with a non - irritating chemical frequently enough to prevent odors or
overflowing. All facilities required herein must be maintained during the period
of construction. The Building Official may specify the location of the structure
or structures on the construction site to assure its availability to employees
and to make it less offensive to occupants of the surrounding properties.
15.04.060 Amendment to Table 5 -A.
Table 5 -A of the Building Code is amended to change the description of
Group M, Division 2 occupancy only. All other portions of Table 5 -A not
hereinafter specifically amended shall be adopted as published.
Group M, Division 2 occupancy defined:
Fences over three (3) feet high, tanks and towers.
15.04.070 Amendment to Section 1101 of the Building Code.
Section 1101 of the Building Code 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.
15.04.080 Addition to Section 1103.
• Section 1103 of the Building Code 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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EXCEPTION: Notwithstanding any applicable provisions of Title 20 of this
code, residential patios and private carports open on at least three sides and
not over 400 square feet in area are exempt from the fire- resistive protection
requirement for exterior walls and openings specified in Section 504 and Part IV
of this Chapter. When approved by the Building Official, other enclosures such
•as sunshades, toilet facilities, or shower structures used solely in conjunction
with a swimming pool, or spa may similarly be exempt from fire resistive
construction..
15.04.090 Amendment to Table 32 -A.
Table 32 -A of the Building Code is amended to read:
Replace all NR (non- rated) classifications under types of construction with
C (Class C) roofing. Delete footnote 2 and 4. footnote 3 to read: ;Buildings
which are not more than two stories in height and have not more than 6,000 square
feet of projected roof area and there is a minimum of 10 feet from the extremity
of the roof to the property line or assumed property line on all sides except for
street fronts may have Class C roof coverings which comply with UBC Standard No.
32 -7.
• Section 15.04.100 Amendment to Section 3209 (Appendix)
Section 3209 of the Building Code 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.
When replacing, adding or repairing more than 10% of any existing roof, or
section of 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 govern when it conflicts
with Section 104(b) of the Administrative Code.
Section 15.04.110 Addition to Section 3305(g) Exception 5.
Section 3305(g) Exception 5 of the Building Code is amended to read:
• 5. Corridor walls and ceilings need not be of fire - resistive
construction within office spaces having an occupant load of 100 or less when the
entire story in which the space is located is equipped with an automatic
sprinkler system throughout, smoke detectors are installed within the corridor
in accordance with their listing and the entire building will be equipped with
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an automatic sprinkler system within a five (5) year period from date of permit
issuance.
Section 15.04.120 Addition to Section 3802(a).
Section 3802(a) of the Building Code is amended to read:
Section 3802(a) where Required. Notwithstanding any applicable provisions
•of this code, an automatic fire - extinguishing system shall be installed in all
occupancies when the total floor area of a building exceeds 5,000 square feet.
Section 15.04.130 Addition of Subsection 5 and 6 to Section 3802(b).
Subsection 5 and 6 of Section 3802(b) is added to the Building Code to
read:
Section 3802(b)
5. In all buildings having floors used for human occupancy located more
than 40 feet above the lowest level of Fire Department access.
6. In all existing structures, when additions cause the structure to
exceed 5000 square feet and such additions exceed 25% but are less
than 50% of the original building square footage, the addition shall
be equipped with an automatic sprinkler system throughout.
• When additions cause the structure to exceed 5000 square feet and
the additions exceed 50% of the original building square footage,
the entire structure shall be equipped with an automatic sprinkler
system throughout.
In partially sprinklered buildings, sprinklered areas shall be
separated from non - sprinklered areas. Such separation shall not be
less than that required for a one -hour occupancy separation.
15.04.140 Amendment to Appendix Chapter 70.
Appendix Chapter 70 of the Building Code is amended to read:
APPENDIX CHAPTER 70
EXCAVATION AND GRADING
Section 7001. The purpose of this chapter is to safeguard 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.
The Building Official shall formulate such rules, procedures, and
interpretations as may be necessary to administer this chapter. Such rules,
procedures and interpretations shall be referred to as the "City of Newport Beach
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Grading Manual" or the "Grading Manual ". Any amendments to the Grading Manual
shall be specifically adopted as necessary by the Building Official.
In the event of any conflict between said grading manual and this chapter,
the provisions of this chapter shall govern. The provisions of the Grading
Manual shall, to the extent that they are made conditions of any permit by the
• Building Official, be binding on the permittee.
Section 7002 This chapter sets forth rules and regulations to control
excavation, grading, drainage conditions, erosion control, earthwork construction
including fills and embankments, and the use of earth material as a structural
component; 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 authorized by a valid
Building Permit. This shall not exempt any fill made with the
• material from such excavation, nor exempt any excavation 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.
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 preemptive regulations have
been established by law.
• 5. Mining and quarrying together with necessary stockpiling, 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 continuous property.
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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) does not
create a cut slope greater than 5 ft. in height and steeper than two
horizontal to one vertical; and (c) is less than 50 cubic yards on
• one site and does not create an adverse erosion, drainage,
groundwater, or slope condition requiring remedial work covered by
this regulations.
8. Unless preempted by other regulations, 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 I vertical; or
(b) Less than 3 ft. in depth not intended to support 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 construction, reconstruct, alter, repair
or install any structure in any 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 Building Official, or when
performed as part of 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 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 /she may require a
Drainage Permit to be obtained and corrective work accomplished.
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Section 7004. Whenever the Building Official determines by inspection,
from information made available to him /her, that any existing drainage condition,
excavation, fill, natural slope or subsurface condition has become a hazard to
life and limb, or endangers property or adversely affects the safety, use or
stability of a public way or any drainage channel, he /she shall make a
•determination of the level of hazard and the owner of the property 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 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 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 the purposes of this Chapter, the
definitions listed hereunder shall be construed as specified in this section.
APPROVAL shall mean a written, civil engineering or geological 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 location 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 construction 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.
COMPACTION is the densification of a fill by mechanical means.
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EARTH MATERIAL is any rock, natural soil or fill and /or any combination
thereof.
ENGINEERING GEOLOGIST shall mean a professional geologist registered in the
State of California as a geologist and certified by 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 artificial means.
GRADE shall mean the vertical location of the ground surface.
GRADING shall mean to bring an existing surface to a designed form by
cutting, filling and /or smoothing operations.
ROUGH GRADE is the stage at which the grade approximately conforms 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 stabilized 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 upon which it was issued, together
with any plans, specifications, reports and approved modifications pertaining
thereto.
PERNITTEE 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 combination thereof, under
the same ownership, where grading is performed or permitted.
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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 overlying 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 construction thereof.
TERRACE is a relatively level step constructed in the face of a grade slope
surface for drainage and maintenance purposes.
TRACT is a subdivision of land containing five (5) or more lots.
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), 302(a) are applicable
to grading and in addition to 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 needed documents. 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 and erosion control plan 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
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they were prepared, and where required, the name(s) and address(es) of
professional person(s) or firm(s) related to the project.
The plan shall include the following information:
(1) General vicinity of the proposed site;
(2) Property limits, permit area limits, accurate contours of existing
• ground, 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 construction with, or as a
part of the proposed work, 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 draining from the project.
(6) Detailed plans for temporary (during construction) and /or permanent
sediment and erosion 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;
(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
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
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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.
Recommendations included in the report and approved by the Building
Official shall be incorporated into the grading plans and 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 erosion control, including erosion protection
devices, if project completion 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 Earth 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 hauling purposes in a condition free of
• (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.
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(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 an access intersection,
carrying the words "truck crossing." The sign shall be a diamond
shape, each side being thirty (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.
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 be 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.
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(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.
Section 7007
(a) Grading Plan Review Fees
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 as specified in Table 3 -G of the Administrative Code.
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.
(b) Drainage Plan Review Fees. The Building Official may charge a plan
review fee, if in his opinion, the proposed drainage alterations are
sufficient in extent to require more than field inspection to ensure
code conformance. Fees shall be assessed as specified in Table 3 -G
of the Administrative Code.
(c) Grading Permit Fees. The fee for each Grading Permit shall be as
set forth in Table 3 -H. The Grading Permit fees shall be based on
the volume of excavation or fill whichever is greater or 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.
(d) Drainage Permit Fees. A fee for each drainage permit shall be paid
to the Building Official. The fee shall be set forth in Table 3 -H
of the Administrative Code.
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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 3 -H of the Administrative Code.
•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 amount equal to that which would be
required in the surety bond.
Section 7009 Cuts.
(a) General. Unless 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.
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(b) Fill Location. Fill slopes shall not be constructed on natural
slopes steeper than two horizontal to one vertical (2:1).
(c) Preparation of Ground. The ground surface shall be 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, civil engineer, soils engineer, or 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 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 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
16
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 ASTM D1557 -70 or a more
restrictive standard if recommended in the approved soils engineering reports.
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, ASTM D1557 -70 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 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. Such report shall include sufficient soil test data and other information
to substantiate slope stability and safety when saturated, and shall include an
evaluation of the creep characteristics of the soils 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 Backfill. All backfill in utility line 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
17
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 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, 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
slope right -of -way and easements, in accordance with Figure No. 1 and Table No.
70 -D:
TABLE 70 -D
H (FF) SETBACKS b
Under 5 0 7
5 - 30 H/2 H/2
Over 30 15 10
•
M
C7
TABLE 70 -0
is thn�l -�
H f
ar b
Under 5
0 7
5 -30
H2 H2
Over 30
15 1 10
TOP PAS
OF
1RAL
IPE
AREA
FIGURE NO. 1
1. If the drainage is carried on this side in an unimproved earth swale,
the setback from the top of slope (or berm) to the face of the building or
projection thereof is Y-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' -0 ".
3. The tabular valves may be enforced for natural slope conditions as
determined by the Building Official.
2
H12 but need not exceed loft moxlmum
H12 but need not exceed
15 ft. moxlmum
FIGURE NO. 2
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 established 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.
19
Swales or ditches on terraces shall have a minimum 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.
• tributary ar ea A single run of swale or ditch shall not collect runoff from a
ea 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. Material and
methods used in subsurface drainage designs shall be approved by the Building
Official.
(d) Disposal. All drainage facilities and grading shall be designed to
carry concentrated and surface sheet flow 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 material. 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.
Iy1942110PFa
The gradient from the building pad may be one percent (1%) if all 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:
20
A. Rough Grade
1. Earth at rough grade stage
B. Finished Grade:
1. Earth
2. Asphalt pavement (sheet flow)
• 3. Concrete drain in earth area
4. Concrete gutter in asphalt
paved area.
Minimum Gradient
0.5%
1.0%
1.0%
0.5%
0.2%
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, and 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 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 installed 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
21
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 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 measures 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 system. 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 of the Administrative
. Code and Subsection 1014 (d) of this chapter. 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. Grading in commercial and industrial areas,
tracts, or potentially hazardous areas and all grading in excess of 5000 cubic
yards shall be performed in accordance with the approved grading plan prepared
22
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 recommendations 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 professionals, 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, on a
form prescribed by the Building Official, a statement of compliance to said as-
graded plan.
Soil engineering and engineering geology reports shall be required as
specified in Section 7006. During grading all necessary reports, compaction
data, 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
• the 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, the stability of cut slopes with respect
to geological matters, and the need for subdrains or other ground water drainage
23
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 other time deemed necessary to
determine that adequate control is being exercised by the professional
• consultants.
(d) Regular Grading Requirements. The Building Official 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.
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 discrepancies
shall be reported immediately in writing to the person in charge of the grading
work and to the Building Official. Recommendations 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 area of expertise as of a specified date. Also,
he must state he has reviewed all prior reports and /or plans (specified by date
• and title) and work performed, or by the previous responsible person; concurs
with the former findings, conclusions, and recommendations, and is satisfied with
the work performed provides recommendations for the required remedial work
necessary for his acceptance. All exceptions must be justified.
(g) Site Inspection by the Building Official.
24
(1) Site Inspection and Pre - Inspection:
Prior to the approval of any building or grading 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 permittee 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 excavation is started, but
before fill is placed;
• (d) Fill Inspection. After the fill placement is started, but
before the vertical height of the fill exceeds ten (10) feet;
(e) Drainage Device Inspection. After forming 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
grading without the necessity of the Building Official having
previously reviewed and approved the reports;
(g) Final. When all work, including installation of all drainage
structures and other protective devices has been completed and
the as- graded plan, professional written approval, and the
required reports have been submitted.
• (3) Revised Grading Plan: If the Building Official 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 grading plan which will conform to the
existing conditions.
25
(4) Other Inspections: The provisions of Section 304(e) of the
Administrative Code shall apply to all grading work being done
without a permit 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
responsible engineers, engineering geologist, and the Building
Official unless otherwise approved by the Building Official.
(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 examination. The work of exposing and
recovering shall not entail or be subject to expense by 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 writing, served on
any persons engaged in the doing or causing of such work to be done.
Any such persons shall forthwith stop such work until authorized by
the Building Official to proceed with the work. The Administrative
Code provisions of Sections 201, 202 and 203 as amended, shall be
construed to apply to grading construction work.
Section 7015. Completion of Work.
(a) Final Reports. Upon completion of the rough grading work and at the
final completion of the work, the Building Official may require the following
reports, drawings, and supplements 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 drainage facilities. He shall provide written
26
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 laboratory tests and other
• substantiating data, and comments 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 the adequacy of the site for the intended
•
use.
(3) A geologic grading report prepared by the engineering
geologist, including a final description 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
written approval as 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 operation 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 approved 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.
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, 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 quality,
strength, effectiveness, and safety.
27
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 by an approved agency as proof of compliance to be made at the expense of
the owner or his agent.
Test methods shall be as 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 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, interfere with
any existing drainage course, or cause any excess siltation in any natural river,
stream, drainage course, or in Newport Bay.
(b) Geological or Flood Hazard. If, in the opinion of the Building
Official, the land area for which grading is proposed is subject to geological
or flood hazards to the extent that no reasonable amount of corrective work can
eliminate or sufficiently 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.
Section 7018. Placing Excavated Material.
(a) Unauthorized Dumping Prohibited. No person shall dump, move, or
place any earth, sand, gravel, rock, stone, construction debris, or other
excavated material so as to cause the same to be deposited upon or to roll, flow,
or wash upon or over any public place or way, or upon or over the premises of
another without the express consent of the owner of each such premises so
affected. Such consent shall be in writing and in a form acceptable to the
Building Official.
(b) Removal of Misplaced Material. When, unauthorized dumping described
in (a) occurs, the person responsible for the dumping, or the permittee, shall
remove the material within forty -eight (48) hours. In case of non - compliance,
permittee.
Section 7019. Denuding Natural Ground Cover. Except for a written order
of the Fire Marshal, no person shall denude and destroy the natural cover of any
watershed except for the immediate use of the denuded area for construction or
reconstruction purposes.
SECTION 2. That if any section, subsection, sentence, clause or phrase of
this ordinance is, for any reason, held to be invalid or unconstitutional, such
decision shall not affect the validity or constitutionality of the remaining
portions of this ordinance. The City Council hereby declares that it would have
passed this ordinance, and each section, subsection, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, sentences,
• clauses and phrases be declared unconstitutional.
SECTION 3. This Ordinance shall be published once in the official
newspaper of the City and the same shall be effective 30 days after the date of
its adoption.
29
Building
Director
may
order
removal, and the cost
of such removal shall
be
•the
paid
to the
City by
the
person
who failed to remove
the material, or by
the
permittee.
Section 7019. Denuding Natural Ground Cover. Except for a written order
of the Fire Marshal, no person shall denude and destroy the natural cover of any
watershed except for the immediate use of the denuded area for construction or
reconstruction purposes.
SECTION 2. That if any section, subsection, sentence, clause or phrase of
this ordinance is, for any reason, held to be invalid or unconstitutional, such
decision shall not affect the validity or constitutionality of the remaining
portions of this ordinance. The City Council hereby declares that it would have
passed this ordinance, and each section, subsection, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, sentences,
• clauses and phrases be declared unconstitutional.
SECTION 3. This Ordinance shall be published once in the official
newspaper of the City and the same shall be effective 30 days after the date of
its adoption.
29
r�
L
This Ordinance was introduced at a regular meeting of the City Council of
the City of Newport Beach held on the 11th day of May , 1992,
and was adopted on the 8th day of June , 1992, by the
following vote to wit:
ATTEST:
AYES, COUNCIL MEMBERS HEDGES, WATT ,
TURNER, SANSONE, HART, COX, PLUMMER
NOES, COUNCIL MEMBERS NONE
ABSENT COUNCIL MEMBERS NONE
• N,..
p
/F01
R�\
•
Fri]