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Ordinance Number 367ORDINANCE NO. 367 UNIFORM BUILDING CODE, 1976 EDITION AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING BY REFERENCE THE UNIFORM BUILDING CODE, 1976 EDITION, WITH APPENDIX AND AMENDMENTS THERETO; AND ADOPTING THE UNIFORM BUILDING CODE STANDARDS, 1976 EDITION, AND GRADING AND EXCAVATION REGULATIONS, AND REPEALING ORDINANCE NO. 268 THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Sections: ARTICLE 1. BUILDINGS AND STRUCTURES 1. Adoption of Uniform Building Code. 2. Section 108 Added (Exemptions). 3. Section 109 Added (Underground Utilities Required). 4. Section 205 Amended (Violations and Penalties). 5. Section 303 Amended (Fees). 6. Section 306 Amended (Certificate of Occupancy). 7. Section 307 Added (Plastering Permits, Fees). 8. Section 1604 Amended (Restrictions in Fire Zone No. 3). ARTICLE 2. GRADING AND EXCAVATION 1. Purpose and Intent. 2. Scope. 3. Permit Exceptions. 4. Grading Permit Requirements. 5. Export of Earth from or Import of Earth to the Project Site. 6. Time of Grading Operations. 7. Hazardous Conditions, Notice, Hearing, Abatement. 8. Fees. 9. Bonds. 10. Cuts. 11. Fills. 12. Setbacks. 13. Drainage and Terracing. 14. Erosion Control. 15. Grading Inspections. 16. Regular Grading Requirements. 17. Notification of Noncompliance. is. Transfer of Responsibility for Approval. 19. Site Inspection by the Building Official. 20. Completion of Work. 21. Grading Board of Appeals. 22. Alternate Methods. 23. Denial of Permit. Repeal. CCffective Date. lerk's Certification. ARTICLE 1. BUILDINGS AND STRUCTURES SECTION 1. Adoption of Uniform Building Code. There is hereby adopted by the City Council of the City of San Juan Capistrano for the purpose of prescribing regulations for the erection, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment, use height, and area of buildings and structures that -1- certain Code known as the Uniform Building Code, 1976 Edition, as published by the International Conference of Building Officials, including the Appendix thereto, and the whole thereof, save and except such portions as are hereinafter deleted, modified, or amended, of which Codes not less than three (3) copies of each have been made and are now filed in the office of the City Clerk, and the same are hereby adopted and incorporated as fully as if set forth at length herein. SECTION 2. Section 108 Added (Exemptions). Chapter 1 of said Uniform Building Code is hereby amended by adding Section 108 to read as follows: Exemptions Section 108. Incidential structures and improvements of a minor nature may be exempted from the provisions of this Code upon the determination of the Building Official. SECTION 3. Section 109 Added (Underground Utilities Required). Chapter 1 of said Uniform Building Code is hereby amended by adding Section 109 to read as follows: Underground Utilities Required Section 109. The Building Official shall, as a conditions precedent to the issuance of a Building Permit, require all utility services located within the exterior boundary lines of any lot or parcel of property to be installed underground if: (1) The property is to be developed with a new or relocated main building; (2) The remodeling, alteration, or addition to an existing main building, is subject to the requirements of Section 104(b) of this Code. (3) A residential building or use is converted to any nonresidential use or purpose. For purposes of this Section, the term "main building" shall mean a building in which is conducted the principal use of the lot or building site on which it is located. The owner or developer of the property is responsible for complying with the requirements of this Section and shall provide all necessary facilities on the property to receive such service from the supplying utilities. If it is determined that practical difficulties, or unreasonable hardships inconsistent with the purposes of this chapter and unique to a particular parcel of property, would result from the literal interpretation of this Section, the Building Official may waive, modify, or delay the imposition of any undergrounding requirement imposed pursuant to this Section upon written application of any affected property owner. The Building Official shall notify the -2- applicant of his decision in writing by certified mail. If the Building Official determines to delay the installation of required underground utilities, he may require a recorded agreement guaranteeing the future performance of the work, together with adequate performance security enforceable by the City in the form of a cash deposit, bond, letter of credit, or other instrument satisfactory to the City Attorney. For purposes of this Section, appurtenances and associated equipment such as, but not limited to, surface -mounted transformers, pedestal -mounted terminal boxes and meter cabinets, and concealed ducts in an underground system, may be placed above ground. Any person dissatisfied with the decision of the Building Official may file an appeal with the City Council within fifteen (15) calendar days after the decision of the Building Official is deposited in the mail by filing a written statement with the City Clerk setting forth the reasons for said appeal. The City Council may overrule, modify, or affirm the decision of the Building Official. SECTION 4. Section 205 Amended (Violations and Penalties). Section 205 of said Uniform Building Code is hereby amended to read as follows: Violations and Penalties Section 205. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Code. Any person, firm, corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. SECTION 5. Section 303 Amended (Fees). Section 303 of said Uniform Building Code is hereby amended to read as follows: Fees Section 303. 'k) Building Permit Fees shall be as established by ordinance of the City Council. The determination of value or valuation under any of the provisions of this Code shall be made by the Building official, based on the cost per square foot as set forth in the standard published by the International Conference of Building Officials. Qclm Where work for which a permit is required by this Code is started or proceeded with prior to obtaining said permit, the fees above specified shall be doubled, but the payment of such double fee shall not relieve any person from fully complying with the requirements of this Code in the execution of the work nor from any other penalties prescribed herein. (b) When a plan is required to be submitted by subsection (c) of Section 301, a plan -checking fee shall be paid to the Building Official at the time of submitting plans and specifications for checking. Said plan -checking fee shall be as established by ordinance of the City Council. (c) Expiration of Plan Check. Applications for which no permit is issued within one hundred eighty (180) days following the date of application shall expire by limitation and plans submitted for checking may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days upon written request by the applicant showing that circumstances beyond the constrol of the applicant have prevented action from being taken. In order to renew action for an application after expiration, the applicant shall resubmit plans and pay a new plan -check fee. (d) Additional Plan -Checking Fees. When changes are made to previously submitted plans, an additional plan -checking fee shall be paid to the Building Official based upon the value of construction of the proposed ^ha-ge r r de_ig,.. In establishing said fee, no allowance for a decreased valuation shall be permitted due to the replacement, omission or lessening of any member or portion of the building shown in the original plans. Said fee may be waived when in the opinion of the Building Official the additional fee is not warranted. No additional fees shall be charged for checking corrections required by the Building official. (e) Reinspection Fees. When any reinspection is required due to the negligence of the permit holder, his agent or other responsible persons, or due to the failure of said parties to comply with previous correction instructions, a fee as established by ordinance shall be charged by the Building Official for each such reinspection. This fee shall be paid before any further inspections are made. (f) Conversion Inspection Fee. A fee as established by ordinance shall be paid when a conversion inspection is required by the Building Official. Note: The conversion fee does not include the fees for the building permit, nor fees for electrical, plumbing or heating and ventilating permits covering the alterations and/or repairs of the conversion. -4- 185 (g) Investigation Fee. A fee as established by ordinance may be charged by the Building Official for any investigation of a building, structure, work reports, certification or any other related work, requested by an owner or authorized agent of such owner. (h) Refunds. (1) Refunds may be made to the permitee in an amount equal to 858 where work authorized by said permit has not commenced, except that no refund shall be made after one year has elapsed from the date of issuance. (2) Refunds may be made in an amount equal to 1008 of the amount paid when a permit has been issued inadvertently outside the jurisdiction of the City or a duplicate permit has been issued, except that no refund shall be made if one year has elapsed from the date of such erroneous issuance. (3) No refund shall be made on fees collected in an amount of one dollar or less or on any plan check fee collected. SECTION 6. Section 306 Amended (Certificate of Occupancy). Section 306 of said Uniform Building Code is hereby amended to read as follows: Certificate of Occupancy Section 306. (a) Use or Occupancy. No building or structure shall be used or occupied, nor shall the gas or electrical systems be energized, until the Building Official has determined compliance with this Code, all other applicable ordinances and laws and the conditions of the building permit, and has authorized occupancy of such building or structure by the issuance of a certificate of occupancy therefor as provided herein. No change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a certificate of occupancy therefor as provided herein. Exception: Gas and electrical systems may be energized prior to the issuance of a certificate of occupancy when properly authorized by the Building Official for the purpose of testing systems or equipment. U (b) Change in Use. Changes in the character or use of a building shall not be made except as specified in Section 502 of this Code. (c) Certificate Issued. After final inspection when it is found that the building or structure complies with the provisions of this Code, the Building Official shall issue a certificate of occupancy which shall contain the following: -5- 1. The building permit number. 2. The address of the building. 3. The name and address of the owner. 4. A description of that portion of the building for which the certificate is issued. 11 5. A statement that the described portion of the building complies with the requirements of this Code for group of occupancy in which the proposed occupancy is classified. 6. The name of the Building Official. (d) Temporary Certificate. A temporary certificate of occupancy may be issued by the Building Official for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. The application fee for such temporary certificate shall be as established by City ordinance. (e) Posting. The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Building Official. SECTION 7. Section 307 Added (Plastering Permits, Fees). Chapter 3 of said Uniform Building Code is hereby amended by adding Section 307 to read as follows: Plastering Permits, Fees Section 307. It shall be unlawful for any person, firm or corporation, whether acting as principal, agent or employee, to do or cause or permit to be done any plastering work, interior or exterior, within the area covered by this Code without first obtaining a permit therefor from the Building Official, and further: 1. Every applicant for a permit to plaster shall state, in writing on the application form provided for that purpose, the character of the work proposed to be done and the amount and kind, together with such information pertinent thereto, as may be required. 2. Such applicant shall pay for each permit issued a fee as established by ordinance of the City Council. 3. Any person who shall commence on plastering work for which a permit is required by this Code without having first obtained a permit therefor, shall, if subsequently permitted to obtain a permit, pay double the permit fee fixed by this Code for such work. SECTION 8. Section 1604 Amended (Restrictions in Fire Zone No. 3). Section 1604 of said Uniform Building Code is hereby amended to read as follows: Restrictions in Fire Zone No. 3 Section 1604. (a) Any building or structure complying with the requirements of this Code may be erected, constructed, moved within or into Fire Zone No. 3. (b) Special Provisions for Structures in Brush Covered Areas. Buildings or structures hereafter constructed or moved in Fire Zone No. 3 and which are located within four hundred (400) feet of brush covered land shall comply with the following requirements of this section: 1. Roof covering: Roof covering shall be as specified in section 3203 except that sections 3203(f)5 (wood shingles), 3203(f)6 (wood shakes) and 3203(f) Exception, shall not apply. Roofing shall be firestopped at the eave ends to preclude entry of flame or embers under the roofing materials. 2. Protection of openings: Openings into attics, floors or other enclosed areas shall be covered with corrosion -resistant wire mesh not greater than one-fourth inch in any dimension except where such openings are equipped with sash or doors. 3. Alterations: Buildings and structures already erected in Fire Zone No. 3 to which additions, alterations or repairs are made shall comply with the requirements of this section for new buildings or structures except as specifically provided by Section 104. For the purpose of this subsection, "brush covered land" shall mean: (A) An area with natural vegetation such as brush or chaparral, trees, scrub oak, sumac, sage, buchwheat, greasewood or similar noncultivated vegetative growth; and/or (B) An area with growth as indicated in (A) 4 above in combination with the annual growth of grass and weeds; and/or (C) The "brush covered land" as defined in (A) and (B) above extends over an area of two (2) acres or more or has a horizontal distance of four hundred (400) feet or more. bC ARTICLE 2. GRADING AND EXCAVATION SECTION 1. Purpose and Intent. It is the intent of this Code to safeguard life, limb, property, and the public welfare by regulating grading on private property in the City of San Juan Capistrano. SECTION 2. Scope. This Code sets forth rules and regulations to control excavation, grading, and earthwork, construction, including fills and enbankments; establishes administrative procedures for issuance of permits; and provides for approval of plans and inspection of grading construction in accordance with the requirements for grading and excavation as contained in Chapter 70, Uniform Building Code, 1976 Edition, with extensive additional requirements and regulations deemed necessary to meet local conditions. SECTION 3. Permit Exceptions. No person shall do any grading, or clearing, brushing, or grubbing preparatory to grading, without first having obtained a grading permit from the Building Official, except for the following: (a) Cemetery graves. (b) Earthwork construction regulated by the Federal, State, County, or City government, or by any local agency as defined by Government Code section 53090-53095. This exemption, however, shall apply only when the earthwork construction takes place on the property or dedicated rights-of-way of the above agencies. (c) An excavation which does not exceed fifty (50) cubic yards on any one site and which (a) is less than two (2) feet in vertical depth, or (b) which does not create a cut slope greater than five (5) feet in vertical height and steeper than one and one-half horizontal to one vertical (1 1/2:1). SECTION 4. Grading Permit Requirements. Except as exempted in Section 3 of this Code, no person shall do any grading or clearing, brushing, or grubbing preparatory to grading without first obtaining a grading permit from the Building Official. A separate permit shall be required for each site and may cover both excavations and fills. (a) Application. The provisions of Section 301(b) of the Uniform Building Code are applicable to grading, and in addition, the application shall state the estimated quantities of work involved. (b) Plans and Specifications. When required by the Building Official, each application for a grading permit shall be accompanied by three (3) sets of plans and specifications and supporting data consisting of two (2) copies each of a soil engineering report and engineering geology report. The plans and specifications shall be prepared and signed by a civil engineer when required by the Building Official. (c) Information on Plans and 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, the project soil engineer, and the project engineering geologist. A plan of workable size at a reduced scale may be required when the grading plans exceed two (2) sheets in number. 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 to the City Engineering Division for approval. Specifications shall contain information covering construction and material requirements. (d) Every permit issued shall be valid for a period of one (1) year from the date thereof, unless otherwise specified. If the holder of a grading permit presents satisfactory reasons for his failure to complete the work during the period of validity of the permit, the Building official, upon application of the permittee, may grant extensions of time deemed necessary by reason of such difficulties. No request for such extensions will be considered later than the thirtieth (30th) day following the date on which said permit would otherwise expire. If a permit holder presents satisfactory evidence that unusual difficulties have prevented work being started within the sixty (60) day period, or completed within one (1) year, or continued without being suspended for the one hundred twenty (120) day period, the Building official may grant extensions of time reasonably necessary by reason of such difficulties. No request for such extensions will be considered later than the thirtieth (30th) day following the date on which said permit would otherwise expire. SECTION 5. Export of Earth from or Import of Earth to the Project Site. Where an excess of five thousand (5,000) cubic yards of earth per site project is moved on public roadways from or to the site of an earth grading operation, all the following requirements shall apply: p (a) 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 rights-of-way used for handling purposes in a condition free of dust, earth, or debris attributed to the grading operation. -9- 190 (b) Loading and transportation of earth from or to the site must be accomplished between 7:00 a.m. and 8:00 p.m., Monday through Saturday. (c) Access roads to the premises shall be only at points designated on the approved grading plan. (d) The last fifty (50) feet of the access road, as it approaches the intersection with the public roadway, shall have a grade not to exceedithree (3) per cent. There must be a three hundred (300) foot clear, unobstructed sight distance to the intersection from both the public roadway and the access road. If the three hundred (300) foot sight distance cannot be obtained, flagmen shall be posted. (e) 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. (f) An advance warning sign must be posted on the public roadway four hundred (400) feet on either side of the access intersection, carrying the words "truck crossing." The sign shall be diamond in shape, each side being thirty (30) inches in length, shall have a yellow background, and the letters thereon shall be five (5) inches in height. The sign shall be placed six (6) feet from the edge of the pavement and the base of the sign shall be five (5) feet above the pavement level. The advance warning sign shall be covered or removed when the access intersection is not in use. SECTION 6. Time of Grading Operations. Grading operations within one-half (1/2) mile of a structure for human occupancy shall not be conducted between the hours of 8:00 p.m. and 7:00 a.m. The Building Official may, however, permit grading operations during specific hours after 8:00 p.m. or before 7:00 a.m. if he determines that such operations are not detrimental to the health, safety, or welfare of the inhabitants of such a structure. Permitted hours of operation may be shortened by the Building Official on his finding of a previously unforeseen effect on health, safety, or welfare. Provided, however, no permit issued, nor any provisions of this section, shall be construed to be a waiver of the applicability of the provisions set forth in the Land Use Management Code relating to noise control. SECTION 7. Hazardous Conditions, Notice, Hearing, Abatement. Whenever the Building Offical determines that any natural slopes, excavations, or fill on private property is a menace to life, limb, or a hazard to public safety, or endangers property, or affects the safety, usability, or stability of adjacent property or a public way, he shall give the owner or other person or agent in control, or the permittee under any permit issued pursuant to this Code, of the property upon which such excavation, fill, or condition is located, notice of such determination and demand for immediate corrective action of any such conditions, and the time and place a hearing shall be had thereon before the Building Official. 390E The Building Official may require the submission of plans, soils or geological reports, and recommendations or other engineering data in connection with any corrective or proposed work or activity. SECTION 8. Fees. Fees shall be as specified by Ordinance No. 357 and amendments thereto. SECTION 9. Bonds. (a) Bonds required. A permit 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 of California 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 in a form prescribed by the Building Official or approved as to form by the City Attorney. In lieu of a surety bond, the applicant may file a cash bond or, if approved by the City Attorney, a letter of credit from one or more financial institutions subject to regulations by the State or Federal Government in an amount equal to that which would be required in the surety bond. Exceptions: 1. The Building Official may reduce the amount of the bond to the extent that he determines that the hazard or danger created by the work does not justify the full amount. 2. No bond shall be required when the Building Official determines the proposed grading will not adversely affect the subject property or adjacent property or existing or proposed structures thereon, and will not create, cause, or precipitate a geological, flood, drainage, erosion, siltation, or other adverse environmental impact if, for any reason, the proposed project or grading is not completed. 3. On developments where progressive individual grading projects or several concurrent projects are being constructed by one owner, a continuing bond or single letter of credit may be provided which will cover all such projects; the amount thereof shall be determined by the Building Official. (b) Conditions. Every bond shall include the conditions that the permittee shall: 4 1. Comply with all of the provisions of the Code, applicable laws and ordinances. 2. Comply with all of the terms and conditions of the permit for excavation or fill to the satisfaction of the Building official. -11- 192 Complete all of the work contemplated under the permit within the time limit specified in the permit or complete the work to a safe condition satisfactory to the Building Official. (The Building Official may, for sufficient cause, extend the time specified in the permit, but no such extension shall release the surety upon the bond.) (c) Failure to complete work. The bprm of each bond shall begin upon the date of filing and shall remain in effect until the completion of the work to the satisfaction of the Building Official. In the event of failure to complete the work and failure to comply with all of the conditions and terms of the permit, the Building Official may order the work required by the permit to be completed or put in a safe condition to his satisfaction. The surety executing such bond or deposit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the governing agency in causing any and all such required work to be done. In the case of a cash deposit, said deposit or any unused portion thereof shall be refunded to the permittee. (d) Default in performance of conditions. Whenever the Building Official finds or determines that a default has occurred in the performance of any requirement of a condition of a permit issued hereunder, written notice thereof shall be given to the principal and to the surety on the bond. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the Building Official to be reasonably necessary for the completion of such work. After receipt of such notice, the surety shall, within the time specified, cause or require the work to be performed, or failing therein, shall pay over to the Building official the estimated cost of doing the work as set forth in the notice. Upon receipt of such monies, the Building Official shall cause the required work to be performed and completed. (e) Substitution. A substitute bond or letter of credit may be filed in lieu of any abovementioned bond or letter of credit, and the Building Official may accept the same if it is suitable to insure completion of the work remaining to be performed and in proper form and substance, and the bond or letter of credit for which it is substituted may be exonerated if the Building Official finds that the conditions of said bond or letter of credit for which substitute has been filed have been satisfied and that no default exists as to the performance upon which the said bond or letter of credit is conditioned. -12- SECTION 10. Cuts. (a) Unless otherwise approved by the Building Official and recommended in the approved soil engineering and/or engineering geology report, cuts shall be no steeper than two horizontal to one vertical (2:1). (b) Drainage and terracing. Drainage and terracing shall be provided as required by Section 13 (Drainage and terracing). SECTION 11. Fills. (a) General. Unless otherwise approved by the Building Official and recommended in the approved soil engineering report, fills shall conform to the provisions of this section. In the absence of an approved soil engineering report, these provisions may be waived for minor fills not intended to support structures. Exceptions: 1. Fills excepted in Section 3, and where the Building Official determines that compaction is not a necessary safety measure to aid in preventing saturation, settlement, slipping, or erosions 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 (2) to one (1) or where the fill slope toes out within twelve (12) feet horizontally of the top of existing or planned cut slopes, except in the case of slopes of minor height when approved by the Building Official. (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) to one (1) and the height is greater than five (5) feet, by benching into sound bedrock and other competent material as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than five (5) to one (1) 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. H 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 -13- 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. (d) Fill material. Detrimental amounts of organic material shall not be permitted in fills. Except as permitted by the Building official, no rock or similar irreducible material with a maximum dimension greater than eight (8)pinches shall be buried or placed in fills. Exceptions: The Building Official may permit placement of 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: Prior to issuance of the grading permit, potential rock disposal area(s) shall be delineated on the grading plan. Rock sizes greater than eight (8) inches in maximum dimension shall be ten (10) feet or more below grade, measured vertically. Rocks greater than eight (8) inches shall be placed so as to be completely surrounded by soils; no nesting of rocks will be permitted. (e) Compaction. All fills shall be compacted to a minimum of ninety (90) per cent of maximum density as determined by Uniform Building Code Standard No. 70-1. Field density shall be determined in accordance with Uniform Building Code Standard No. 70-2, or equivalent as approved by the Building Official. 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 Uniform Building Code Standard No. 70-2, or the approved equal, shall be so noted. Sufficient maximum density determinations by test method, Uniform Building Code Standard No. 70-1, shall be performed during the grading operations to verify the accuracy of the maximum density curves used by the soils engineer. (f) Slope. Unless otherwise approved by the Building Official and recommended in the approved soil engineering report, fill slopes shall be no steeper than two horizontal to one vertical (2:1). (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 13 (Drainge and terracing). (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 -14- the soils engineer shall verify to the Building Official that this backfilling has been satisfactorily accomplished. Alternate methods of filing 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 selfcompacting. This material and the method of placement must be approved prior to backfilling. SECTION 12. Setbacks. (a) The tops and toes of cut and fill slopes shall be set back from property boundaries as far as necessary and as specified in Section 11(b) (Fill location) of this Code for safety of the adjacent properties and to prevent damage resulting from water runoff or erosion of the slopes. The tops and the toes of cut and fill slopes shall be set back from structures as far as is necessary for adequacy of foundation support and to prevent damage as a result of water runoff or erosion of the slopes. Unless otherwise approved by the Building Official based on recommendations in the approved soil engineering and/or engineering geology report and shown on the approved grading plan, setbacks shall be no less than shown in Section 12(b) entitled "Table No. 70-C." Retaining walls may be used to reduce the required setback when approved by the Building Offical. I_—._......_ (b) Table No. 70-C. ,V7 b L. ,R....; Drainage device may be re- quired by the Building Of- 1 ficial. Note: Property line refers to the exterior prop- erty line of the parcel under permit. 'ERTY LINE Face of building foot- i___�ing or other footing 6 Face of building or /projection thereof y Note: See footnotes for other H criteria which may af- fect setback from top of slope. SETBACK FROM SLOPES 0160 196 e No. 70-C, Continued REQUIRED MINIMUM SETBACK in 10 0 3 11/2 H/2, 10' max. 5 15 3 H/2,10' max. 5 Over 30 6 3 16 10 6 3 lb 10 I If drainage is carried on this side in an unimproved earth swale, the setback from the top of the slope (or berm) to the face of the building or projectigh thereof is 7'0". This may be reduced to the tabular value if an improved drainage device is used. r The footings may be set closer to the top of the slope or on the slope if deepened to provide the minimum tabular setback, measured horizontally from the bottom of the footing to the face of the slope, and as required for stability. s If the slope is flatter than five horizontal to one vertical (5:1) the setback required is 2'0". 4 The tabular values may be enforced for natural slope conditions as determined by the Building Official. SECTION 13. Drainage and terracing. (a) General. Unless otherwise indicated on the approved grading plan, drainage facilities'and terracing shall conform to the provisions of this section. (b) Terrace. Terraces at least six (6) feet in width shall be established at not more than thirty (30) foot vertical intervals on all cut or fill slopes to control surface drainage and debris. Suitable access shall be provided to permit property cleaning and maintenance. Swales or ditches on terraces shall have a minimum gradient of six (6) per cent and must be paved with reinforced concrete, or approved equal, not less than three (3) inches in thickness. 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 thirteen thousand five hundred (13,500) square feet (Projected) without discharging into a down drain. (c) Subsurface drainage. Cut and fill slopes shall be provided with approved subsurface drainage as necessary for stability. (d) Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainageway approved by the Building Official and/or other appropriate jurisdiction as a safe place to deposit such waters. If drainage facilities discharge onto natural ground, riprap may be required. At least two (2) per cent gradient towards approved drainage facilities from building pads will be required unless waived by the Building Official for nonhilly terrain. Exception: The gradient from the building pad may be one (1) per cent where building construction and erosion control will be completed before hazardous conditions can occur. -16- 19'7 (e) Commercial and industrial drainage standards. Drainage standards for industrial commercial developments in nonhilly areas shall conform to the following minimum standards: Minimum Gradient (%) A. Rough grade: Earth at rough grade stage.... 0.5 B. Finished Grade: Earth ......................... 1.0 Asphalt pavement (sheet flow).1.0 Concrete drain in earth area..0.5 Concrete gutter in asphalt paved area .................... 0.3 All concentrated drainage in asphalt paved areas shall be carried by approved concrete drainage devices. 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, asphalt concrete (AC), aggregate base (AB) prime coat, tack coat, seal coat shall meet the current standards of the City Engineering Division and/or the approval of the Building Official. Pavement Structural Section D. Parking lots: Parking stall areas .............. 3"AC/6"AB Commercial driveways, perimeter drives and loading areas .... 3"AC/10"AB Industrial driveways, perimeter drives and loading areas .... 3"AC/12"AB Subgrade preparation shall conform to the provisions of Section 11(e). Exception: In lieu of the above minimum sections, the recommendations of the site soils engineer, when approved by the Building Official, may be used. Where private streets are to be constructed in connection with or as a part of any permit issued by the City, the thickness of such improvements shall be determined by soil tests performed by the site soils engineer. The soils engineer shall use the most current method of pavement thickness design then in use by the City Engineering Division or a method acceptable to the Building Official, and shall recommend such minimum structural sections as required, and when approved by the Building Official, these sections may be used for private streets. -17- Exception: When another governmental agency is designated to assume the responsibility for the construction of private streets, the provisions of this section shall not apply. F. The site soils engineer or the Building Official's authorized agent shall inspect the construction of all asphalt paved areas and verify to the Building Official that the work has been performed in compLaance with the provisions of this section. SECTION 14. 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 and prior to calling for final approval. Where cut slopes are not subject to erosion due to the erosion -resistant character of the materials, such protection may be omitted. (b) Other devices. Where necessary, desilting basins, check dams, cribbing, riprap or other devices or methods as approved by the Building official shall be employed to control erosion and provide safety during the rainy season, from October 15th to April 15th. SECTION 15. Grading Inspections. (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 Article 1, Section 5 and Article 2, Section 15(c) (Engineered grading requirements). (b) Grading designation. All grading in excess of Tive thousand (5,000) 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 five thousand (5,000) cubic yards shall be designated "regular grading" unless the permittee, with the approval oftheBuilding Official, chooses to have the grading performed as "engineered grading." (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 =Ua area. The project civil engineer and/or general contractor shall act as the coordinating agent in the event the need arises for liaison between the other professionals and the Building Official. The civil engineer shall also be responsible for the preparation of revised plans and the submission of as -graded grading plans upon completion of the works. The grading contractor shall submit in a form prescribed by the Building Official a statement of compliance to said as -built plan. Soil engineering and engineering geology reports shall be required as specified in Chapter 70 of the Uniform Building Code. During grading, all necessary reports, compaction data and soil engineering geology recommendations shall be submitted to the civil engineer and the Building Official. 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 groundwater drainage devices. He shall report his findings to the soils engineer and the civil engineer for engineering analysis. The Building official shall expeditiously inspect the project at the various stages of the work requiring approval and at any more frequent intervals necessary to determine that adequate control is being exercised by the professional consultants. SECTION 16. Regular Grading Requirements. The Building Official may require inspection and testing by an approved testing agency. The testing agency'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 operation will be required to conform to "engineered grading" requirements. SECTION 17. Notification of Noncompliance. If, in the course of fulfilling their responsibility under this chapter, the civil engineer, the soils engineer, engineering geologist, or the testing agency finds that the work is not being done in conformance with this chapter or the approved -19- 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. SECTION 18. Transfer of Responsibility for Approval. If the civil engineer, the soils engineer, the engineering geologist, the testing agency, or the grading contractor of record are changed during the course of the work, the work shall be stopped unless: (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 date. 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 responsible professional; concurs with findings, conclusions, and recommendations, and is satisfied with the work performed. All exceptions must be justified. SECTION 19. Site Inspection by the Building Official. (a) site in and preinspection: 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. I£ a grading permit is not required, a pre -inspection fee as specified in Section 8 shall be collected prior to the issuance of any permit for this site. (b) 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: (1) 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. (2) Toe inspection. After the natural ground or bedrock is exposed and prepared to receive fill, but before fill is placed. (3) Excavation inspection. After the excavation is started, but before the vertical depth of the excavation exceeds ten (10) feet. (4) Fill inspection. After the fill placement is started, but before the vertical height of the fill exceeds ten (10) feet. (5) Drainage device inspection. After forming of terrace drains, down drains, or after placement of pipe in subdrains, but before any concrete is placed or filter material. -20- (6) 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. (7) 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. (c) Revised grading Plan: If the inspector 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. (d) Other inspections: The provisions of Section 304 of the Uniform Building Code 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. (e) 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. (f) 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 to the City. (g) 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 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 of the Uniform Building Code, as amended, shall be construed to apply to grading construction work. SECTION 20. 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 and drawings and supplements thereto: (1) An as -graded grading plan prepared by the civil engineer, including original ground surface elevations, as -graded ground surface elevations, lot drainage patterns and locations, -21- WIT and elevations of all surface and subsurface drainage facilities. He shall provide written approval that the work was done in accordance with the final approved grading plan. (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 opanges 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, as affected by soil engineering factors. (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 to the adequacy of the site for the intended use as affected by geologic factors. (4) A statement of compliance to the as -built grading plans, from the grading contractor. The statement shall be submitted in a form prescribed by the Building Official. (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. SECTION 21. Grading Board of Appeals. (a) A Board of Appeals is hereby created. The Board shall consist of the City Council of the City of San Juan Capistrano. (b) The Board shall have the power, upon an appeal by an aggrieved person, to reverse, modify, or otherwise alter the determinations and orders of the Building official made pursuant to the procedure set forth in Section 7 of this article, under such rules and regulations as the Board may, from time to time, adopt. The Building Official shall not participate in the decision of the Board in such cases. (c) The Board's decision on an appeal shall be furnished in writing to the appellant and to the Building Official, and all such decisions shall be final immediately. SECTION 22. Alternate Method. (a) The provisions of this Code are not intended to prevent the use of any material or method of construction not specifically prescribed by this Code, provided any such alternate has been approved pursuant to this section. :PWM (b) The Building Official may approve any such alternate provided he finds that the proposed design is satisfactory and complies with the provisions of this Code and that the material, method, or work offered is for the purpose intended at least the equivalent of that prescribed in this Code in quality, strength, effectiveness and safety. (c) The Building Official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. (d) Whenever there is insufficient evidence of compliance with the provisions of this Code 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 test as proof of compliance to be made at the expense of the owner or his agent by an approved agency. (e) Test methods shall be specified by this Code for the material in question. If there are no appropriate test methods specified in this Code, 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 23. .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 or endanger life or any private property or result in the deposition of debris on any public way or interfere with any existing drainage course. If it can be shown to the satisfaction of the Building Official that the hazard can be essentially eliminated by the construction of retaining structures, butress fills, drainage devices or by other means, the Building Official may issue the permit with the condition that such work be performed. (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 hazard 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, modification. The Building Offical may require plans and specifications to be modified in order to mitigate anticipated adverse environmental effects of proposed grading projects and he may, under circumstances where the significant adverse environmental effects of a proposed grading project cannot be mitigated, deny the issuance of a grading permit. -23- 204 SECTION 24. Repeal. Ordinance No. 268 is hereby repealed. EFFECTIVE DATE. This Ordinance shall take effect and be in force 30 days after its passage. CLERK'S CERTIFICATION. The City Clerk shall certify to the adoption of this Ordinance and cause same to be posted in the duly designated posting places within the City ipf San Juan Capistrano within 15 days after its passage. PASSED, APPROVED AND ADOPTED this 2nd day of August 1 1978 , by the following vote, to wit: AYES: Councilmen Hausdorfer, Thorpe and Buchheim NOES: None ABSENT: None ABSTAIN: Counc Schwartze and Mayp) Friess 'KENNETH E. FRIESS, MAYOORR ATTEST: CITY CLj STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 367 , which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on July 19 1 1978, and adopted at a meeting held on August 2 1978 . (SEAL)��ROVER, CITY CLERK -24-