HomeMy WebLinkAboutOrd 1979-1877 � ". - • = . . -.
ORDINANCE NO. 1877
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
AMENDING SECTIONS 15. 04 . 010 , 15. 04. 045 , 15. 04. 050 , 15. 04 . 100,
15. 05. 115, 15. 04.140 , 15 . 04 .165, 15. 04 .175, 15. 04. 225,
-15. 04. 270 , AND 15. 04. 275, AND ADDING NEW SECTIONS 15. 04 . 315, -
15. 04 . 320 AND 15. 04. 325, OF CHAPTER 15. 04 OF THE CHULA VISTA
MUNICIPAL CODE, ALL RELATING TO EXCAVATION, GRADING AND
FILLS
The Municipal Code places the responsibility of conformance with
the plans for grading work upon the private engineer. The Code
states that the private engineer shall be responsible for all
surveying for proper construction of the grading and drainege
facilities and is reguired to inspect the site to insure that the
embankment and cut slopes are placed at their proper line and
grade.
Prior to the release o£ building permits for any given lot or
lots , the Code requires the private engineer to submit a statement
as evidence that rough grading for land development has been com-
pleted within standard tolerance in accordance with approved plans
and th at all embankments and cut slopes and pad sizing are as
shown on the approved plans . �
The City Engineer is responsible for all inspections of work not
otherwise delegated to some ottier person . (i .e. , private engineers ,
geologists and/or the Director of Building and Housing) .
In general, , the amendments and new sections contained in this
ordinance gives the City Engineer additional authority to require
conformance with the CHula Vista Municipal Code , and approved plans
and for the protection of public health, safety and welfare.
The Ordinance was first read at the regular meeting of August 21 ,
1979 and finally passed and adopted by the City Council at the
meeting of August 28, 1979by a vote of three (3) to nobhing. (0) .
Councilmen Gillow and Cox abstained since they were not present
at the previous meeting. Copies of the ordinance are available
at the office of the City Clerk , City Hall , 276 Fourth Avenue.
. �l/
enn M. Fulasz , CMC, City C rk
City- of Chula Vista, Californ a
�� 7
revised 8/13/79
, , ' . . . . . .,�.��. <..'�vi�
� ' ' k' •� i
�� ��3
ORDINANCE NO. 1877
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA, AMENDING SECTIONS 15 . 04 .010 ,
15.04 . 045, 15. 04 . 050 , 15.04 . 100, 15 .04 . 115,
15. 04 . 140, 15. 04 . 165 , 15. 04 . 175, 15. 04 .225,
15. 04.270 , AND 15. 09 . 275, AND ADDING NEW
SECTIONS 15 . 04 .315 , 15. 04 .320 AND 15.04.325 ,
OF CHAPTER 15. 04 OF THE CHULA VISTA P'i[JNICIPAL
CODE, AI,L RELATING TO EXCAVATION, GRADING AND FILLS
The City Council of the City of Chula Vista does hereby
ordain as follows :
SECTION I : That Section 15 . 04 . 010 of Chapter 15. 04
of the Chula Vista idunicipal Code be, and the same is , hereby
amended by adding thereto new definitions to be numbered 2 and 3 , _
to read as follows, and renumbering definitions from A through
CC to 1 through 31:
2. "Building Pad" means that portion of
an embankment and/or excavation contained within
an area bounded by a line 5 feet outside the
foundation £ooting.
3 . "Building Site" means that portion of
an emban)anent and/or excavation containing the
building pad (s) and lying within an area bounded
by the top of slopes and/or toe of slopes within
the lot or parcel.
SECTION II : That Sections 15 . 04 . 045, 15 . 04 . 050 §§A,
15. 04 . 100 , 15 . 04 .115, 15. 04. 140 §§C and D, 15. 04 .165 §§E, 15 . 04 . 175 ,
15. 04. 225, 15. 04 .270 �§B, and 15. 04 . 275 of Chapter 15.04 of the
Chula Vista Municipal Code be, and the same are, hereby amended
to read as follows :
Sec. 15. 04 .045 Building Pads - Design Requirements.
All building pads and building sites shall drain to a street
or an approved drainage facility unless otherwise approved by the
City Engineer.
Sec. 15 . 04. 050 Embankment requirements - Soils Engineer
may e require .
A. Unless otherwise specified on the permit, all embankment
£or land development shall be compacted in conformance
with the provisions of the Standard Specifications. The
permit may require that an engineering geologist and/or
soils engineer, as appropriate, be responsible Por the
inspection and testing of the embankment work and in-
spection of excavations. The soils engineer and engin-
eering geologist, if one or both are required by the
permit, shall file with the City Engineer reports as
required by Sections 15. 04 . 140 and 15 . 04 .270B.
-1-
Sec. 15. 04.100 Building construction - Land' development
permit requ'ired = Prereguisite to building
perr,iit.
An owner of land desiring to do land development work incidental
to and in connection with the construction of a building or structure
shall present an application and' obtain a land development permit.
The City Engineer may require an on-site field inspection of the
rough grading phase of the work between representatives of the
City' s Engineering, Planning and Building Departments and the
permittee, civil engineer, soils engineer, and engineering geologist,
�• as appropriate, before the issuance of a building permit. The per-
mittee shall request a field inspection of the rough grading phase,
if required , five working days prior to the inspection. The rough
grading phase of the land development work described on form PW-E-106B
shall be completed prior to the issuance of a building permit. The
City may suspend any building permit where it is found that land
� development is being done or has been done without a land develop-
ment permit until a land development permit is issued. The City
may not certify to the completion of the building where land develop-
ment work has been done until a land development permit is obtained
and certified as complete.
, Sec. 15.04 .115 Safety precautions .
If at any stage of the work the City Engineer determines that
further grading as authorized is likely to endanger any public
_ or private property or result in the deposition of debris on any
� public way or interfere with any existing drainage course, the
City Engineer may require as a condition to allowing the work to
be continued that such reasonable safety precautions be taken as he
considers advisable to avoid such likelihood of danger. The per-
mittee will be responsible for renoving any silt and debris, de-
posited upon adjacent and downstream public or private property,
resulting from his grading operations. Silt and debris shall be
removed and damage to adjacent and downstream property repaired
as directed by the City Engineer. Erosion and siltation control
may require temporary or permanent siltation basins , energy dis-
sipators, or other measures as field conditions warrant, whether
or not such measures are a part of approved plans.
Sec. 15 .04 .140 Completion of work - Final reports.
C. A final as-built Soil Engineer' s report which shall
include a written statement that inspections and tests
were made during the grading and that in his opinion
all embankments and excavations are in accordance with
the provisions of this chapter and the permit and are
acceptable for their intended use. Soil bearing
capacity (except where the City Engineer determines such
is inapplicable) , summaries of field and laboratory
tests and location of tests if not previously submitted,
and the limits of compacted fill on an "as-built" plan
' shall be included in the report. The report shall
include reference to the presence of any expansive soils
or other soil problems which, if not corrected, would
lead to structural defects in buildings constructed on
the site. If such report discloses the presence of such
�., expansive soils or such other soil problems , it shall
" include recommended corrective action designed to prevent
structural damage to each building proposed to be con-
structed upon the site. The final "as-built" report
shall also contain a seepage statement or study as
appropriate.
I -2
��� 1
�
D. A final "as-built" engineering geology report by an
Engineering Geologist based on the "as-built" plan
including speci£ic approval of the grading as affected
by geological factors. Where required by the City
I� Engineer the report shall include a revised geologic
map and cross sections and recommendations regarding
� building restrictions or foundation set backs.
Sec. 15. 04.165 inspection of grading operations -
r� Responsi i13ty t erefor.
E. Prior to the release of building permits for any given
lot or lots the private engineer shall submit• a
statement (PW-E-106B) as evidence that rough grading
for land development has been completed within standard
�• tolerance in accordance with the approved plans and
that all embankments and cut slopes and pad sizing are
as shown on the approved plans . The Soils Engineer
will submit a statement that all embankments under his
direction have been completed to an indicated 908
relative compaction of maximum dry density.
I , Sec. 15. 04 .175 Plans and reports to be prepared
y engineers.
_ Plans for �public improvements and work involving land develop-
Y ment authorized under this chapter shall be prepared by a Civil
Engineer. Where soil or geologic reports or soils and geologic
investigations are required, the reports and investigations shall
be prepared and conducted by a Engineering Geologist and/or Soils
Engineer . as appropriate.
� A seepage statement or study is required as a part of all soils
reports . All soils engineering, geologic, and geologic engineering
reports shall consist of a preliminary and a final "as-built" report.
Whenever blasting is to be performed or bedrock is to be exposed,
a seepage study must be performed to determine method of handling
excess water infiltration.
Sec. 15.04 . 225 Release of bond/security.
Bonds or other security shall be released 35 .days after filing
a "Notice of Completion" with the County Recorder (recorded copy
to City Engineer) for improvements accepted by the City and upon
, acceptance of completed Form PW-E-106 (Request for Release of Bonds)
submitted by the permittee. This form is available in the office
of the City Engineer. Such form may not be accepted until the
end of the maintenance period for the required landscaping, unless
a separate bond is or has been submitted to guarantee maintenance
of landscaping.
� .
Sec. 15.04 .270 � Permits - Application - Detail pl'ans
and specifications required. •
, B. A soils investigation may be required to correlate
surface and subsurface conditions with the proposed
� , land development plan. The results of the investigation
shall be presented in a soil report by a Soils Engineer
[ �6 � '1 -3-
REVZSED 8/13/79
which shall include buf not be limited to location
of faults , data regarding the nature, distribution
. and strength of existing soils and rock on the site,
the Soil Engineer' s conclusion, recommendations fo.r
grading requirements including the correction of weak
or unstable soil conditions and treatment of any
expansive soils that may be present and his opinion
as to the adequacy of building sites to be developed
, by the proposed land development operations . The
Soil Engineer shall provide an engineering geology
report by an Engineering Geologist when required by
the City Engineer.
A seepage statement or a study is required as a part
of all soil reports. «henever blasting is to be per-
� formed or bedrock is to be exposed, a seepage study
must be performed to determine method of handling excess
water infiltration.
- Sec. 15. 04 . 275 Permits - Issuance - Prerequisites
� and contents .
The City Engineer shall issue permits for land development
work upon approval of applications, plans, receipt of the pre-
scribed fees and bonds and receipt of letters from the private
, engineer, soil engineer, engineering geologist, landscape archi-
tect and others as required by City Engineer, that they have been
retained by the permittee to perform the work specified in Section
15.04 . 165. The permits shall include, or refer to, the conditions,
plans and specifications which shall govern the work authorized.
SECTION III : That new Sections 15.04.315, 15 .04 .320
and 15. 04 .325 of Chapter 15 .04 of the Chula Vista Municipal Code
are hereby added, to read as follows :
Sec. 15. 04 .315 Abatement of dangerous conditions.
Where the City Engineer determines that grading has created a
' danger to public or private property or has resulted in the
deposition of debris on any public way or interferes with .any
existing drainage course, the City Engineer shall serve written
notice on the property owner, describing the condition and re-
guiring that the property owner abate the dangerous condition
within 10 days after the notice is received. If the property
��- owner fails to so abate the condition, the City Engineer may do
so, in which event the property owner shall be liable for all
costs of such abatement, including but not limited to reasonable
attorney fees. The expenses of abatement shall be a lien against
the property on which it is maintained and a personal obligation
against the property owner.
ti
�U�� -4-
�
�
revised 8/13/79
Sec. 15.04. 320 Emergency abatement by City - Liability
for costs.
- If it appears to the City Engineer that an emergency exists
because grading has resulted in a danger to public or private
property then, without following the procedure established by
Sec. 15 .04 .315 , the City Engineer may order all work necessary
to remove, abate or mitigate the condition creating such emergency.
The City Engineer may do the work with his own employees or may
contract to have the work done; in either event, the City Engineer
shall keep a record of the costs of the work and charge the cost
of the work to the property owner who shall repay the City for the
cost thereof.
� Sec. 15. 04.325 Costs o£ abatement - Special assessment
procedure = Statutory authority.
The costs of abating a dangerous condition within the meaning
of this division shall be a special assessment against the land
on which such abatement was done. Further, provided, the City
� Engineer shall report all such costs to the City Council and at
the hearing on the City Engineer' s report, the property owner may
raise and the City Council shall consider as a complete or partial
defense to the imposition of the assessment questions as to the
necessity of the abatement and the means in which, it was accomplished.
Pursuant to Government Code §38773 . 5 abatement costs shall be trans-
' mitted to the Tax Collector for collection. This assessment shall
have the same priority as other City taxes.
SECTION IV: This ordinance shall be effective thirty
days following its passage and adoption.
Presented by Approved as to form by
� � � + ,� I v � �
S6 n P. Lippitt, City Engineer Geor�LinT e�� r�ity Attor'n6���
I
�..
M _. -�
��1 �5 - - .
FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFORNIA, HELD _ August 21 , 1979, AND
FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD Augtist 28 ,
I9 79 , BY THE FOLLOWING VOTE, TO-WIT ;
AYES� Councilmen ; —&cott. Hvde. �fcCandliss
NAYES� Councilmen ; vone
ABSTAIN� Councilmen ; Gillow, Cox
�
ABSENT: Councilmen : None
_ d ��.JL ���
Mayor of the City o Chula Vista
ATTE
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK ot the City of Chula Vista, California,
DO HEREBY CERTIFY ihat ihe above and foregoing is a full, irue and correct copy of
ORDINANCE N0 , 1877 ,and ihat the same has not been amendedor repealed.
DATED
4
(seal) City Clerk
i,� ���
CC-660