Ordinance Number 873ORDINANCE NO. 873
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING CHAPTER 2 OF TITLE 8, BUILDING
REGULATIONS, RELATING TO THE AMENDMENTS TO THE GRADING
REGULATIONS TO INCLUDE WATER QUALITY STANDARDS.
WHEREAS, the City must demonstrate to the San Diego Regional Water Quality
Control Board, as a part of the National Pollution Discharge Elimination System (NPDES)
permit requirements, that it has adequate legal authority to control the discharge of
pollutants from and into the municipal storm drain system; and,
WHEREAS, the City certified in the past as to having adopted the Model Water
Quality Ordinance that established the legal authority necessary to implement the
previously adopted County Drainage Area Management Plan (DAMP); and,
WHEREAS, in addition to the existing Water Quality Ordinance, the City is required
to revise the Grading Ordinance to incorporate relevant requirements of the Water Quality
Ordinance. Under the new grading ordinance, any grading permit issued would include the
requirements of the Water Quality Ordinance; and,
WHEREAS, the Building Official would have the authority to enforce the
requirements of the Water Quality Ordinance, should the grading project fail to comply.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Adoptions and Amendments.
Title 8, 'Building Regulations", Chapter 2 of the Municipal Code is hereby amended as
follows:
ARTICLE 1. BUILDING CODE is hereby amended as follows:
Section 8-2.06 Excavation and Grading.
Section 8-2.06 Excavation and grading is hereby amended by adding new Sections 8-
2.06.01 to read as follows:
Section 8-2.06.01 Scope of Excavation and Grading.
This Code sets forth rules and regulations to control excavation, grading, and earthwork
construction, including fills and embankments, and establishes administrative requirements
for issuance of Grading Permits and Approval of plans and inspection of grading
construction in accordance with the requirements for grading and excavation as contained
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in the Uniform Building Code then in effect as adopted and modified by City ordinance as
well as Water Quality Requirements relevant to activities subject to this article.
Section 8-2.06 Excavation and grading is hereby amended by adding new Sections 8-
2.06.02 to read as follows:
Section 8-2.06.02 Definitions of Excavation and Grading.
Approval shall mean a written Engineering or geological opinion by the responsible
Engineer, geologist of record or responsible principal of the Engineering company
concerning the progress and completion of the work unless it specifically refers to the
Building Official.
Approved plans shall mean the current grading plans that bearthe stamp of approval of the
Building Official.
Approved testing agency shall mean a facility whose testing operations are controlled and
monitored by a registered Civil Engineer and which is equipped to perform and certify the
tests required by this Code as determined by the Building Official.
Borrow is earth material acquired from an off-site location for use in grading on a site
Building Official is the division head in the planning, organizing, directing, staffing and
controlling of the City Building Department responsibilities including the administration and
enforcement of the various codes regulating construction, use or occupancy of all buildings
and structures within the City or his duly delegated representative.
Civil Engineer shall mean a professional Engineer registered in the State of California to
practice in the field of Civil Engineering.
Civil Engineering shall mean the application of the knowledge of the forces of nature,
principles of mechanics and the properties of materials for 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) by mechanical means.
Compaction is the densification of a fill by mechanical means.
Commercial Coach is a vehicle with or without motive power, designed and equipped for
human occupancy for industrial, professional or commercial purposes and shall include a
trailer coach.
Director shall mean the Director of Building and Engineering or his duly delegated
representative.
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Earth Material is any rock, natural soil or fill and/or combination thereof.
Engineering Geologist shall mean a geologist certified in the State of California to practice
Engineering geology.
Engineering Geology shall mean the application of geologic knowledge and principleg in
the investigation and evaluation of naturally occurring rock and soil for use in the design of
civil works.
Erosion is the wearing away of the ground surface as a result of movement of wind, water
and/or ice.
Erosion Control System is a combination of desilting facilities, and erosion protection,
including effective planting, to protect adjacent private property, watercourses, public
facilities and receiving waters form an abnormal deposition of sediment or dust.
Excavation is the mechanical removal of earth material.
Fill is the deposit of earth material placed by mechanical means.
Grade shall mean to vertical location of the ground surface.
Natural Grade is the ground surface unaltered by artificial means.
Existing Grade is the ground surface prior to grading.
Rough Grade is the stage at which the grade approximately conforms to the approved
plan.
Finished Grade is the final grade of the site that conforms to the approved plan.
Grading is any excavating or filling or combination thereof.
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.
Grading Permit is an official document or certificate issued by the Building Official
authorizing grading activity as specified by approved plans and specifications.
Hillside site is a site which entails cut and/or fill grading of three (3) feet or more in veritcal
height below or above natural ground; or a combination fill -over -cut slope equal to or
greater than five (5) feet in vertical height; or where the existing grade is ten (10) percent or
greater; and which may be adversely affected by drainage and/or stability conditions within
or from outside the site, or which may cause an adverse effect on adjacent property.
Mobilehome means a structure, transportable in one or more sections, designed and
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equipped to contain not more than two dwelling units to be used with or without a
foundation system. Mobilehome does not include recreational vehicle, commercial coach
or factory -built housing.
Owner is any person, agency, firm or corporation having a legal or equitable interest in a
given real property.
Permanent Erosion Control Devices are improvements that remain throughout the life of
the development. They include terrace drains, downdrains, slope landscaping, channels,
storm drains, etc.
Precise Grading Permit is a permit that is issued on the basis of approved plans that show
the precise structure location, finish elevations and all on-site improvements.
References. Unless indicated otherwise, or as reasonably appears form the context,
references, in this Code to the Civil Engineer, the Soil Engineer, the geologist, and the
Engineering Geologist refer to the professional person(s) preparing, signing, or approving
the project plans and specifications which comprise the approved grading plan and which
professional person appears of record pursuant to sections 8-2-06 through 8-2.06.02 or his
successor duly delegated representative.
Semi-permanent Erosion Control Devices are devices that are used primarily during the
construction and are not relocatable. They include earthen berms, concrete spillways,
desilting basins, riser/outlet pipes, etc.
Site is any lot or parcel of land or contiguous combination thereof, under the same
ownership, where grading is performed or permitted.
Slope is an included 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 duly registered in the State of California whose field of
expertise is soil mechanics.
Soil Engineering shall mean the application of the principles of soil mechanics in the
investigation, evaluation and design of civil works involving the use of earth materials and
the inspection and testing of the construction thereof.
Special Inspector is an inspector duly licensed by the Building Official to perform inspection
of asphalt concrete placement and related construction work or other Grading related work
approved by the Building Official.
Storm Water Permits are any permits issued by a local, state or federal regulatory agency
regulating storm water flow over and from any project subject to this article including but
not limited to NPDES permits and State General Permits as defined in Municipal Code
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Section 8-14 Water Quality Ordinance.
Temporary Erosion Control Devices are devices that are removable and can rarely be
salvaged for subsequent reuse. In most cases, they will last no longer than one rainy
season. They include sandbags, gravel bags, plastic sheeting (visqueen), silt fencing,
straw bales and similar items. .
Terrace is a relatively level step constructed in the face of a graded slope surface for
drainage and maintenance purposes.
Water Quality Requirements are the requirements relevant to activities that are subject to
this article found in the City Water Quality Ordinance including all appendices and
guidance documents included in the DAMP as well as requirements relevant to the
activities that are subject to this article found in Storm Water Permits.
Section 8-2.07 Grading Permit Requirements is hereby amended by adding new
Sections 8-2.07 (5) (6) and (7)to read as follows:
(5) Whenever any building or Grading work is being done contrary to the provisions of
the Water Quality Requirements related to activities subject to this article, in addition
to the powers and duties specified in SJC Municipal Code 8-2.01, the Building
Official may utilize any enforcement provision specified in SJC Municipal Code 8-14.
(6) The Building Official may require plans and specifications to be modified in order to
make them consistent with the City's Water Quality Ordinance (Title 8, Chapter 14),
the Uniform Building Code as adopted by the City, the County of Orange Drainage
Area Management Plan (DAMP), the San Juan Capistrano Local Implementation
Plan (LIP) (when adopted and following any future revisions), the San Diego
Regional Water Quality Control Board last revised NPDES permit, Water Quality
Requirements or other rules, regulations, or conditions applicable to the project. He
may approve, conditionally approve, deny or revoke the Grading Permit if the
proposed project cannot be designed in accordance with these rules, regulations or
conditions.
(7) The Building Official shall not issue any Grading Permit, waiver, or exemption
pursuant to this article unless the Building Official finds that the work authorized by
the Grading Permit, waiver or exemption complies with applicable Water Quality
Requirements
Section 8-2.07 Grading Permit Requirements is hereby amended by adding new
Sections 8-2.07.01 and 8-2.07.02 to read as follows:
Section 8-2.07.01 Grading Permit Application
(a) To obtain a Grading Permit, the applicant must first file an application in writing on a
form furnished by the Building Official.
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The Grading Permit application shall be accompanied by information required by the
Building Official. Each application for a Grading Permit for a construction site required
to be covered under the State General Construction Storm Water Permit ("GCASP")
shall include proof of the filing of a Notice of Intent with the State Water Resources
Control Board.
Section 8-2.07.02 Responsibility of permittee.
(a) It shall be the responsibility of the permittee to be knowledgeable of the conditions
and/or restrictions of the Grading Permit as outlined in applicable sections of this
Code, and as contained on the approved Grading plans and in the approved soil
and geology reports. The permittee shall also be responsible to maintain in an
obvious and accessible location on the site, a copy of the Grading plans bearing the
stamp of approval by the Building Official.
(b) All Grading Permits, waivers or exemptions issued hereunder shall be deemed to
include the provisions that the permittee, the permittee's agents, contractors and
employees, shall carry out the proposed work in accordance with the Approved
Plans and specifications, where such Approval is required, and in accordance with
any applicable Water Quality Requirements prepared and maintained pursuant to
federal or state requirements or a County directive, and in compliance with all
requirements of the Permit and this article. Failure to carry out the work in
accordance with Approved Plans and specifications, the applicable Water Quality
Requirements, and in compliance with all requirements of the Permit and this article
shall be a violation of this article.
Section 8-2.08 Bonds is hereby amended by revising Section 3311.(a) Bonds Required.:
to read as follows:
Section 3311. (a) Bonds Required. The permits required by the provisions of this
Chapter shall not be issued unless the permittee shall first post with the Building Official a
bond executed by the owner and a corporate surety, authorized to do business in the State
as a surety, in an amount sufficient to cover the cost of the project, including the
construction of drainage and protective devices and any corrective work necessary to
remove and eliminate engineering and geological hazards; and/or correct conditions that
pose a threat to environment resources including but not limited to a threat to water quality.
The bond shall also cover any damage to public or private streets, roads, or driveways that
is caused by the grading operation including hauling of soil onto or form the site,
transportation of equipment and material, or other sources that may cause damage. An
inspection and documentation as to the condition of the roadways providing access to the
grading site must be submitted by the project engineer at the time the grading bond is
posted. Any damages to the roadway must be repaired to the satisfaction of the Building
Official before the bond is released. Such bonds shall be in a form prescribed by the
Building Official or approved as to form by the City Attorney.
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In lieu of a surety bond, the applicant may file a cash bond or a letter of credit drawn
on a bank for the benefit of the City and approved by the City Attorney.
Section 8-2.15 Erosion Control is hereby amended by revising the title to read as follows:
Section 8-2.15 Erosion Control is hereby amended by revising the title and Section8-
2.15 (c) and (d) to read as follows:
Section 8-2.15 Erosion Control and Water Quality Requirement Systems
(c) Installation required. Erosion control devices, systems and controls determined
to be necessary by the Engineer of Record or the Building Official shall be
installed in conformance with the approved erosion control plan year around.
The erosion control devices and systems shall be maintained in good condition
and replaced if damaged or deteriorated such that they become ineffective.
(d) Plans required. Appropriate plans and specifications, prepared by a licensed
Architect, Engineer or Geotechnical Engineer, shall be submitted and approved
prior to placing erosion control devices or systems. A plan review fee shall be
paid as provided by City Resolution to pay for the review and approval of the
erosion control plan.
Section 8-2.15 Erosion Control is hereby amended by adding new Section 8-2.15 (e), (f),
(g), (h), (i), Q), (k), (1), (m), (n), (o), (p), (q), (r), (s), (t), (u)to read as follows:
(e) The faces of cut and fill slopes and project site shall be prepared and maintained
to control against erosion in accordance with this subarticle. Where cut slopes
are not subject to erosion due to the erosion -resistant character of the materials,
such protection may be omitted upon Approval by the Building Official.
(f) Where necessary, temporary and/or permanent erosion control devices such as
desilting basins, check dams, riprap or other devices or methods, as approved
by the Building Official, shall be employed to control erosion and provide safety.
(g) No Grading work will be allowed on any single Grading site under permit unless
an erosion control system has been approved by the Building Official.
(h) Paved streets, sidewalks, and other improvements shall be maintained in a neat
and clean condition free of loose soil, construction debris and trash. Street
sweeping or other equally effective means shall be used on a regular basis to
prevent storm flows from carrying sediment and debris outside the project
boundaries. Watering shall not be used to clean streets except for fine material
not otherwise removed by sweeping or other mechanical means.
(i) Unless otherwise approved by the Building Official, the owner shall be required
to retain a licensed Architect, Civil Engineer or Geotechnical Engineer who will
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be responsible for the design of all erosion control improvements and initial
Approval of the installation of permanent and semi-permanent erosion control
devices during each rainy season until the work authorized by the Grading
Permit is given final Approval. The owner shall retain the licensed Architect, Civil
Engineer or Geotechnical Engineer to periodically review the field condition and
modify, as needed, the design of the permanent and semi-permanent eroeon
control devices during the rainy season. Installation and maintenance of all
erosion control devices shall be the responsibility of the owner.
Q) Desilting facilities shall be provided at drainage outlets from the graded site.
(k) Desilting basins shall be designed to provide a minimum desilting capacity equal
to the current County of Orange latest standards or as provided in the Drainage
Area Management Plan (DAMP), the Local Implementation Plan (LIP), or as
approved by the Building Official.
(1) Desilting basins shall be constructed around the perimeter of projects whenever
feasible when it provides improved maintenance access from paved roads
during wet weather.
(m)Desilting basins constructed of compacted earth shall be compacted to a relative
Compaction on ninety (90) percent of maximum density. A soil engineering
report, prepared by the soil engineer, which includes the type of field testing
performed, location and results of testing shall be submitted to the Building
Official for Approval upon completion of the desilting basins.
(n) Equipment and workers for emergency work shall be made available at all times
during the rainy season. Necessary materials shall be available on-site and
stockpiled at convenient locations to facilitate rapid construction of temporary
devices when rain is imminent.
(o) Erosion protection shall consist of effective planting of all slopes in excess of five
(5) feet high unless otherwise approved by the Building Official. Slopes
exceeding fifteen (15) feet high may require an adequate sprinkler system, as
determined by the Building Official.
(p) Protection for the slopes shall be installed as soon as practicable which may be
prior to rough Grade Approval. Effective planting shall be installed, fully
germinated and effectively cover the required slopes prior to final Approval
unless otherwise approved by the Building Official.
(q) The erosion control provisions shall take into account drainage patterns during
the current and future phases of Grading throughout the rainy season.
(r) All removable protective devices shown shall be in place at the end of each
working day when the five (5) day rain probability forecast exceeds forty (40)
percent.
(s) Graded areas around the tract perimeter must drain away from the face of
slopes at the conclusion of each working day.
(t) In addition to the requirements specified above, the permittee shall perform -'all
work in accordance with the Water Quality Requirements.
(u) Any violation of an applicable federal or state -issued Storm Water Permit, or
failure to conform to the City's Water Quality Requirements prepared pursuant to
such a permit or pursuant to this Article or to SJC MC 8-14.; or failure to comply
with stormwater related provisions of a City -issued Grading Permit or of a
Grading plan prepared to secure such a Permit, is also a violation of this Article.
Section 8-2.15 Erosion Control is hereby amended by adding Section 8-2.16 Erosion
Control and Water Quality Requirement System Maintenance to read as follows:
Section 8-2.16 Erosion Control and Water Quality Requirement System Maintenance
(a) After each rainstorm, silt and debris shall be removed from check berms and desilting
basins and the basins pumped dry.
(b) After each rainstorm, the performance of the erosion control system shall be evaluated
and revised and repaired as necessary.
(c) Devices shall not be moved or modified without the Approval of the Building Official.
(d) The contractor shall be responsible and shall take necessary precautions to prevent
public trespass onto areas where impounded water creates a hazardous condition.
(e) The contractor and permittee or property owner shall be responsible for continual
maintenance of the devices during the rainy season. In the event of failure or refusal by
the contractor, permittee or property owner to properly maintain the devices, the
Building Official may cause emergency maintenance work to be done to protect
adjacent private and public property and environmental resources. The cost shall be
charged to the property owner and shall include an initial mobilization cost plus the cost
of doing the work.
(f) In the event the Building Official must cause emergency maintenance work to be done,
he may revoke the Grading Permit in writing. The Grading Permit shall not be renewed
until an erosion control system and/or other systems necessary to comply with Water
Quality Requirements approved by the Building Official are installed and a fee of one-
half the amount required for the original Grading Permit paid by the property owner.
(g) If any Grading has commenced on private property without a valid Grading Permit, the
property owner may be required to prepare and implement an erosion control plan as
well as other plans required under the Water Quality Requirements which have been
approved by the Building Official. In the event of failure by the property owner to install
an approved erosion control system and/or other systems necessary to comply with
Water Quality Requirements, the Building Official may cause emergency work to be
done to protect adjacent private and public property. The cost shall be charged to the
property owner in accordance with item (e) of this section.
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passage.
SECTION 2.
Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
SECTION 3.
City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be posted at the duly designated posting places within the City and published
once within fifteen (15) days after passage and adoptipn as required by law; or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and a
certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five
(5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after
adoption, the City Clerk shall cause to be published the aforementioned summary and shall
post a certified copy of this Ordinance, together with the vote for and against the same, in
the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this 21 st day of January 2003.
,o
TOHN S. GELFF; MAYOR
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ATTEST:
�/1AdAII
R. MONAHAN, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing is a true and correct copy of Ordinance No. 873 which was regularly introduced and
placed upon its first reading at the Regular Meeting of the City Council on the 7th day of January 2003 and
that thereafter, said Ordinance was duly adopted and passed at a Regular Meeting of the City Council on
the 21 st day of January 2003 by the following vote, to wit:
AYES: COUNCIL MEMBERS: Hart, Bathgate, Swerdlin, Soto and Mayor Gelff
NOES COU NCIL/fA EMBERS: None
A,�T: CUUNCI//
E�1?ERS: None
MAROARiET R. MONAHAN, City Clerk
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