HomeMy WebLinkAboutOrd 1978-1797 \ °
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, ORDINANCE NO. 1797 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, REPEALING CHAPTER 15.04 OF THE CHULA
� VISTA MUNICIPAL CODE APID ENACTING A NEW CHAPTER
15. 04 IN LIEU THEREOF, ALL RELATING TO EXCAVATION,
GRADITIG AND FILLS
The City Council of the City 'of Chula Vista does hereby
� ordain as follows :
, SECTION I : That Chapter 15. 04 of the Chula Vista Muni-
cipal Code be, and the same is hereby, repealed in its entirety
and in lieu thereof there is hereby enacted a new Chapter 15. 04 ,
Excavation, Grading and Fills, to read as follows:
(See page 2 through 22)
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' CHAPTER 15. 04 EXCAVATIOtd, GRADIidG AND FILLS
Sec. 15.04 , 005 Purpose and Intent of Provisions.
The purpose of this chapter is to establish minimum require-
' ments for grading, excavating and filling of land, to provide
for the issuance of permits and to provide for the enforcement
of the requirements. These provisions are' supplementary and
additional to the subdivision and zoning regulations of this
code and shall be read and construed as an integral part of
said regulations and the land development patterns and controls
' established thereby. It is the intent of the City Council to
protect life and property and promote the general welfare;
enhance and improve the physical environment of the community;
and preserve, subject to economic feasibility, the natural
scenic character of the city. In administering these provisions ,
the following goals should be respected:
A. Ensuring that future developnent of lands, particularly
in the hilly areas of the city, occurs in the manner most
compatible with surrounding areas and so as to have the
least adverse effect upon other persons or land, or upon
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the general public;
• B. Ensuring that soil will not be stripped and removed from
lands in the more scenic parts of the city, leaving the
same barren, unsightly, unproductive, and subject to
erosion and the hazards of subsidence and faulty drainage;
' C. Encouraging the planning, design and development of
building sites in such fashion as to provide the maximum
in sa£ety and human enjoyment, while adapting development
to and taking advantage of the best use of the natural
terrain;
D. Encouraging and directing special attention toward the
; retaining, insofar as practical, of the natural planting
and a maximum number of existing trees.
Sec. 15. 04 . 010 Definitions.
.. The following words and phrases , when used in this chapter,
shall be construed as defined in this section:
A. "Appurtenant structures" means man-Made structures related
to and necessitated by the proposed grading and includes
paved drainage ditches , inlet structures , lined channels,
. culverts , outlet structures and retaining walls ;
B. "Certify" or "Certification" shall mean a signed written
statement that the specific inspection and tests which
were required have been performed and that the works comply
with the applicable requirements of this chapter, the plans ,
and the permit;
C. "Compaction" shall mean densification of a soil or rock
fill by mechanical or other acceptable procedures;
D. "Contractor" means a contractor licensed by the State of
, California to do work by this chapter. A contractor may
. be authorized to act for a property oo�ner in doing such work;
E. "Contract, private" means an agreement between a property
owner and a qualified contractor to do land development work;
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F. "Embankment" or "Fill" shall be any act by which earth,
' land, gravel, rock, or any other material is deposited,
placed, pushed, dumped, pulled, transported, or moved to
a new location and the condition resulting therefrom;
G. "Embankment, uncontrolled" means any embankment constructed
as land development on which no soil testing was performed
' or no compaction reports or other soil reports were prepared
or submitted;
H, "Engineer, private" means.a civil engineer registered by
the State of California. A private engineer may be author-
ized to act for a property owner in doing work covered by
� this chapter;
I . "Engineering Geologist" shall mean a Certified Engineering
Geologist, registered by the State of California, who is
engaged in the practice of applying geological principles
and data to engineering problems dealing with naturally
' occurring rock and soils for the purpose of assuring that
geological factors are recognized and adequately interpreted
in engineering practice;
J. "Erosion" shall mean the process by which the ground surface
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is worn away by the action of water or o�ind;
K. "Excavation or cut" means any earth, sand, gravel, rock
or other similar material which is cut into, dug, quarried,
uncovered, removed, displaced, relocated, or bulldozed by
man, and the conditions resulting therefrom;
' L. "Grade" means the elevation and cross-sections established
for the finished surface. .All grades shall be based upon
the offical datum of the City of Chula Vista;
24. "Grading" means any excavating or filling or combination
thereof and shall include the land in its excavated or
filled conditions;
N. "Land Development Permit" shall mean a permit issued pur-
suant to this article;
O. "Public improvement" means publicly owned construction,
structures or facilities in the public right of way designed
; for the public use, safety or general welfare;
P. "Land development" means the making of excavations and
embankments on private property and the construction of
slopes , drainage structures , fences and other facilities
incidental thereto, where it is necessary to safeguard
. life, limb, health, property and public welfare by regu-
lating and controlling the design, construction and quality
of materials;
Q. "Landscape Architect" shall mean a landscape architect,
registered by the State of California, who performs pro-
. fessional work in physical land planning and integrated
land development, including the design of landscape
planting programs; �
R, "Landscape Manual" means the current "City o£ Chula Vista
Landscape Manual" approved by resolution of the City Council;
S. "Natural terrain" means the original contour of a site
prior to any grading; .
T. "Permittee" means any person to v�hom a permit is issued
pursuant to this chapter;
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U. "Property owner" means the owner, subdivider or developer
; of real property which will be benefited by the proposed
land development work;
V. "Property, public" means property owned in fee by the city,
or dedicated £or public use;
, W, "Public rights of way" means public easements or dedications
for streets, alleys and/or other use;
X. "Rough Grading" is the condition where the ground surface
apgroximately conforms to the design grade, generally
within 0. 5 feet. •
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Y. "Slope" means the inclined exposed surface of a fill,
excavation or natural terrain;
Z . "Slope, matural" means the predominant slope or slopes of
land in its original condition prior to any grading;
AA. "Soil engineer" means a civil engineer, registered by the
State of California, who submits evidence to the satisfaction
of the City Engineer that:
1. He is engaged in the practice of civil engineering
; and spends a majority of his time in the field of applied
soil mechanics and foundations engineering,
2 . He has at least four years of responsible practical
experience in the field of applied soil mechanics ,
� 3 . He is qualified to make the investigations and deter-
minations , render the reports and opinions and perform
the duties of a soil engineer as required by this chapter.
All persons meeting the qualifications set £orth above shall
be recognized by the City Engineer as qualified to perform
soil engineering under the provisions of this chapter;
� BB. "Soil, expansive" means any soil which swells more than
three percent when prepared and tested by a method approved
by the City Engineer; �
CC. "Subdivider" means a person, £irm, corporation, partnership
or association who causes land to be divided into one or
more subdivisions for himself or others as defined by those
sections of the Government Code known as the Subdivision
Map Act.
Sec. 15.04. 015 Permit required for all land development
' work and soil investigations.
No person, either as property owner, contractor, private
engineer or otherwise, shall do or shall cause to be done any
land development work without first having obtained a permit
to do such work, except as provided in Section 15 . 04. 150 .
Soil investigations by a soils engineer or engineering
geologist which involves trenching or scarifying of the natural
terrain shall require a permit. A special investigation fee
shall be paid prior to issuance of such permit.
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= Sec. 15 .04. 020 Compliance with conditions and specifications
required - Deviations from standards
' permitted when.
Except as herein provided, all work done in land development
shall be done in accordance with the conditions of the required
^ permit, and shall conform to the approved plans, standard drawings ,
specifications , landscape manual, subdivision manual, and .general
conditions as may be determined by the City Engineer to be
applicable to the work. Such documents are on file in the office
of the City Engineer and shall be kept for public distribution
in accordance with fee schedules in said office. In connection
with land development work, deviations from the requirements of
these standards may be permitted by the City Engineer based upon
written reports and recommendations by qualified and recognized
authorities subject to review by the City.
Sec. 15. 04 , 025 Provisions not to affect other code '
requirements .
, This chapter shall not affect the requirements of any other
chapter of this code requiring permits, fees or other charges ,
including those £or sewer and services, or affect any provisions
' concerning the granting of franchises .
Sec. 15.04, 030 Facilities within public rights-of-way -
Assignnent of costs .
` The following provisions of this section shall apply unless
provision is made by an agreement pursuant to Sections 15. 04 . 085
through 15. 04. 095 of this chapter;
A. The property owner shall pay the city for all the cost
of placing, repairing, replacing or maintaining a city-owned
facility within a public right-of-way when the city' s facility
, has been damaged or has failed as a •result of the construction
or existence of the owner' s land development work during
the progress of such work.
B. The costs of placing, replacing or maintaining the city-owned
facility shall include the cost of obtaining an alternate
, easement if necessary. •
Sec. 15. 04 . 035 Commencement and coMpletion of work -
Extension of t mi e.
, All grading and land development work shall be executed in
accordance with the provisions of this chapter and the terms
of the permit issued by the City Engineer. Once commenced,
work shall be carried out diligently until completed. Unless
otherwise specified upon the pernit, all work shall be completed
within one hundred eighty days from the date of issuance of
, the permit. The City Engineer may grant one extension of time
for the completion of the work. Such extension sha11 not exceed
the original length of time designated on the permit.
Sec. 15 . 04. 040 Slopes - Design requirements generally.
The inclination of each cut or fill surface resulting in a
slope shall not be steeper than two horizontal to one vertical.
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I Sec. 15.04 . 045 Building Pads - Design Requirements.
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All building pads shall drain to an approved drainage facility
unless otherwise approved by the City Engineer.
Sec. 15. 04. 050 Embankment requirements - Soils Engineer
` � may be required.
A. ' Unless otherwise specified on the permit, all embankment
for land development shall be compacted in conformance
with the provisions of the standard specifications. The
permit may require that a soils engineer be responsible
' for the inspection and testing of the embankment work and
inspection of excavations. The soils engineer, i£ such
engineer is required by the permit, shall file with the
City Engineer, upon completion of the work, a report per
Section 15 .04. 140.
` B. Where, in the opinion of the City Engineer, the construction
of an uncontrolled embankment would not be contrary to the
, public interest or welfare, a permit for such land develop-
, ment may be issued in accordance with Section 15 . 04 . 285 .
Plans for uncontrolled embankment shall be complete in all
respects except for soil analysis and compaction require-
' ments. Uncontrolled embankment slopes shall not be steeper
' than three horizontal to one vertical.
Sec. 15. 04. 055 Expansive soil grading requirements .
If, during the grading operation, expansive soil is found
within two feet in cut or three feet in fill of the finished
lot grade of any area intended or designed as the location for a
building, the permittee shall cause such expansive soil to be
removed from such building area to a minimum depth of two feet
in cut or three feet in fill and replaced with nonexpansive
soil properly compacted; provided, however, the City Engineer,
. may, upon receipt of a report by a soils engineer certifying
that he has investigated the property and recommending a design
or footings or floor slab or other procedure that in his opinion ,
will alleviate any problem created by such expansive soil, waive
the requirement that such expansive soil be removed and replaced
with nonexpansive soil. .
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Sec. 15. 04 . 060 Landscaping and irrigation system.
All cut and fi11 slopes shall be planted and irrigated in
accordance with an approved landscape plan. Said plan shall
. be prepared in accordance with the City Landscape Manual.
Sec. 15. 04 . 065 Slopes - Tops and toes to be rounded.
The tops and toes of all major slopes in public view shall
. be rounded in accordance with the City of Chula Vista Standard
Drawings.
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Sec. 15. 04 . 070 Slopes - Blending into existing terrain.
i All man-made slopes shall be blended into existing terrain
to produce a natural-appearing transition from the face of man-made
�I� slopes into natural ground. ��This blending shall be accomplished
� in accordance� with City of Chula Vista Standard Drawings. Un-
Idulating top and toe of slopes and variable slope •ratios should
� be used to achieve natural appearing slopes .
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�. Sec. 15,04 . 075 ' Slopes - Horizontal slope rounding.
jRounding shall be accomplished in accardance with City o£
' Chula Vista Standard Drawings.
' Sec. 15. 04 .080 Preservation of existing monuments .
( All existing survey monuments sha11 be shown on the grading
plan. Evidence indicating that arrangements have been made for
� the preservation and/or relocation of existing monuments shall
be submitted to the City Engineer prior to issuance of a land
s, development permit.
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i Sec. 15. 04.085 Work ih con 'unction with subdivision of
property - Requirements general y.
� A subdivider of land required to do land development work
as the result or condition of the approval of the tentative map
� shall perform such work under one of the following procedures ,
as set forth in Sections 15. 04. 090 and 15. 04 .095 .
Sec. 15.04.090 Work in con 'unction with subdivision of
property - Standar land evelopment
permit - Requirements .
Should the subdivider desire to do certain land development
work prior to entering into contract with the city to install
and complete all subdivision and land development work, he may
make application to do so under a standard land development permit.
This application shall be accompanied by detailed plans and .
specifications based upon the approved tentative map and in con-
, formity with the provisions of Sections 15 . 04 . 040 through
15. 04.075 of this chapter. A schedule and estimate based upon
such plans and specifications shall accompany the application.
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� Sec. 15. 04. 095 Work in conjunction with subdivision of
, property - Contract for completion of
improvements - Requirements - Bonds.
, A. Should the subdivider desire to do certain land development
work in conjunction and concurrently with installation and
construction of required public improvements, he may enter
, into a contract with the city to make, install and complete
, all improve�ents and land developments in accordance with
, approved plans and specifications .
B. Prior to any construction of improvements and/or land
development, the subdivider shall have complied with
and performed the following requirements:
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1. Subdivider shall file with the City Clerk detailed
' plans and specifications (or statement that work
will be accomplished in accordance with standards
and specifications of the city) approved by the City
� Engineer for all public improvements and land develop-
ment together with a detailed cost estimate approved
by the City Engineer and an estimate of time reasonably
necessary to complete the sar.ie.
2. Subdivider shall enter into a contract with the city
� to make, install and complete within the time fixed
by the City Engineer but in no case more than two years ,
from the date of execution of said contract, all im-
provements and land development in accordance with the
approved plans , and shall cause to be filed with the
� City Clerk a faithful performance bond payable to the
� city which shall insure the performance of the said
contract and the completion of the said improvements
and land development. The subdivider shall additionally
file with the City Clerk a labor and material bond to
inure to the benefit of those persons entitled to the
protection of Part III , Title IV, Chapter II of the
Code of Civil Procedure.
A cash deposit or letter of credit may be submitted in
lieu of bonds hereinbefore described. �BOnds and other
forms of guarantee shall be in full conformity with
the requirements for subdivision guarantees as set
� forth in the Subdivision Ordinance codified as Title 18
• of this code.
3. The bond or other guarantee shall be based on the City
Engineer' s estimate of the cost of the work and in
accordance with the following schedule:
a. Faithful performance bond:
Public Improvements - 508 of cost estimate
Land Development - 508 of cost estimate
b. Labor and material bond:
Public Improvements - 508 of cost estimate
Land Development - 508 of cost estimate
Sec. 15.04. 100 Building construction - Land development
permit required - Prerequisite to building
permit.
An owner of land desiring to do land development work inci-
dental to and in connection with the construction of a building
or structure shall present an application and obtain a land
• development permit. The rough grading phase of the land develop-
ment 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 development permit
until a land development permit is issued. The 'City may not
certify to the completion of a building where land development work
has been done until a land development permit is obtained and
certified as complete.
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Sec. 15.04. 105 Damaged or disused public improvements
Notification - Corrective action required.
The City Engineer shall notify the property owner of such
' damage or failure as set forth in Section 15. 04. 030. The City
may withhold certification of �the completion of a building or
other permitted work where a notice has been issued.
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Sec. 15. 04 . 110 ' Public to be protected from hazards during
� ' construction - Fences and barricades
� required when.
During the construction of land development, the contractor
and owner shall take all necessary measures to eliminate any
hazard resulting from the work to the public in its normal use
' of public property or right of way. Any fences or barricades
installed shall be substantially constructed and shall be properly
maintained as long as the hazard resulting from the work exists.
Sec. 15. 04 . 115 Safety precautions.
Zf 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 considered advisable to avoid such likelihood of danger.
Sec. 15.04. 120 Fence specifications - Modification
permitted when.
A. Where a slope is created adjacent to a public right of way
or other publicly-used property, and the top of slope is
within ten feet of the property line and the height of the
slope is three feet or greater and steeper than 4 : 1, a
forty-eight inch high fence shall be erected between
property line and the top of slope. The design of said
fence shall be approved by the City Engineer. Publicly-used
property is that prooerty used frequently by persons other
than the residents.
B. The City Engineer may modify or delete the above require-
ments where it is evident that the land development work
will present no hazard to the adjacent property or public
right of way. .
Sec. 15. 04 . 125 Noncompliance.
A. If, in the course of fulfilling his responsibility under �
this article, the private engineer or the soils engineer
finds that the work is not being done in substantial con-
formance with this chapter or the plans approved by the
City Engineer or in accordance with accepted practices,
he shall immediately notify the permittee, the person in
charge o£ the grading work and the City Engineer in writing
on the nonconformity and of the corrective measures which.
should be taken.
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B. In the event the work does not conform to the permit or
the plans or specifications or any instructions of the
City Engineer, notice to comply shall be given in writing
by the City Engineer to the permittee. As soon as practical
I" after a notice to comply is • given; the permittee or his
constractor shall begin to make the corrections.
C. If the City Engineer finds any existing conditions not as
stated in the application, land development permit or
approved plans, he may refuse to approve work until approval
' is obtained for a revised grading plan which will conform
to the existing conditions .
Sec. 15.04. 130 Modification of approved plans.
� A. Modifications of the approved grading plan must be in writing
and be approved by the City- Engineer and/or his designated
representative. All necessary soils and geological reports
shall be submitted with any substantial proposal to modify
• the approved grading plan.
' B. No grading work in connection with any proposed modifi-
cations shall be permitted without the approyal of the
City Engineer and/or his designated representative.
C. An additional fee shall be paid for the cost incurred by
the City in reviewing and checking revised plans . Said
� fee shall be $10. 00 per hour and shall be paid prior to
approval of the revised plans. '
' Sec. 15. 04 . 135 Res onsibi�lit of permittee - Compliance
wi�lans and requirements .
All permits issued hereunder shall be presumed to include
the provision that the permittee, his agent, contractors and .
employees , shall carry out the proposed work in accordance with
the approved plans and specifications and in compliance with all
the requirements of the permit and this chapter. �The civil
engineer shall file a report as specified in Section 15 .04 . 140.
Sec. 15. 04 . 140 Completion of work - Final reports.
Upon completion of the work the following reports shall be
filed with the City Engineer unless waived by hi�:
A. A written statement by the private engineer that all
grading and drainage facilities have been completed in
conformance with Sections 15. 04 . 165 and 15. 04. 225.
B. An as-built plan of the completed work prepared by a
civil engineer,
C. A 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) , sum-
maries of field and laboratory tests and locations of
tests i£ not previously submitted, and the limits of com-
pacted fill on an "as-built" plan shall be included in
i the report. The report shall include reference to the �
presence of any expansive soils or other soil problems
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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 correct-
` ive action designed' to prevent structural damage to each
building proposed to. be constructed upon the site.
D. A final engineering geology report by an engineering
geologist based on the "as-built" plan including specific
approval of the grading as affected by geological factors.
" Where required by the City Engineer, the report shall in-
clude a revised geologic map and cross-sections and recom-
mendations regarding building restrictions or £oundation
set-backs. .
' Sec. 15. 04 . 145 Notification of completion.
The permittee shall notify the City Engineer when the grading
operation is ready for final inspection. He shall also notify
the City Landscape Architect when planting and irrigation are
completed. Final approval shall not be given until all work,
' including installation of all drainage structures and facilities,
sprinkler irrigation systems, planting and all protective devices
have been completed and any required planting established and
all as-built plans and reports have been submitted. The City
Engineer may accept in writing the completion of all work, or
r any portion of the work, required by the permit issued in .accord-
ance with this article and thereupon accept said work or portion
thereof.
Sec. 15. 04 . 150 Exemptions from applicability designated.
' No person shall do any grading without first having obtained
a land development permit except for the following:
A. The depositing of materials in any disposal area operated
or licensed by the city;
B. The making of excavation on any site or contiguous sites
, held under one ownership, in which all of the following
are characteristic o£ the work:
1. A cut slope having a maximum steepness of three
horizontal to one vertical,
.. 2. A cut having a maximum vertical depth of three
feet at any point and a maximum average depth of
. eighteen inches ,
3. No adverse effect upon an existing drainage pattern�,
_ 4 . A top of slope no closer than one . foot from an
exterior boundary line, and
5. The movement of less than two hundred fifty cubic
yards of material;
C. The making of embankment on any site or contiguous sites
held under one ownership, in which all of the following
are characteristic of the work:
1. None o£ the embankment exceeds three feet in vertical
depth or has an average maximum depth in excess of
i eighteen inches.
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2. None of the embankment is placed on existing
ground having a slope steeper than five horizontal
_ to one vertical ,
' 3. Proposed fill slopes are no steeper than three
horizontal to one vertical,
4. The embankment does not change or adversely a£fect
the existing drainage pattern,
' S. Adequate provisions are proposed to protect the
embankment from erosion,
6. The toe of the embankment is no closer than one
and one-half feet to an exterior property line, and ,
� 7. The total volume of embankment does not exceed two
hundred fifty cubic yards of material;
D. Excavation for foundations of buildings, structures , base-
ments , cellars, swimming pools or basins which are authorized
by appropriate permits obtained from the Building and Housing
' Department.
E. Excavation or embankment performed by a governmental .agency,
franchise holder, or their contractor incidental to the
construction of roadways, pipelines, or utility lines
within their rights of way.
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F. Foundations , as referred to herein, shall not be construed
to include foundations for retaining walls , drainage
, structures, or other structures appurtenant to the land
development.
Sec. 15. 04 : 155' Contractor - Qualifications required.
Every person doing land development shall meet such qualifi-
cations as may be determined by the City Engineer to be. necessary
to protect the public interest. The City Engineer may require
an application for qualification which shall contain all infor-
, mation necessary to determine the person' s qualifications to '
do the land development.
Sec. 15.04 . 160 Work to be performed by licensed contractor.
, All land development shall be performed by a contractor,
licensed by the State of California.
Sec. 15.04. 165 Inspection of grading operations -
Responsibility therefor.
A. City Engineer - The City Engineer shall be responsible
for all inspections of work not otherwise delegated to
some other person. These inspections include, but are
not limited to: drainage facilities, fencing, and com-
pliance with State and City regulations in regard to the
_ health and sa£ety of the general public.
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B. Private Engineer - The Private Engineer shall be responsible
for all surveying work necessary for proper construction
of the grading and drainage facilities. He shall inspect
lthe site to insure that the embankment and cut slopes are
placed at their proper line and grade.
He shall, prior to the release of Bonds and Surety, provide
a written statement that in his' professional opinion, all
work incorporated in the grading and drainage plans, authorized
under the grading permit to include grading, drainage, and
' construction of appurtenant structures , have been constructed
to the lines and grades in substantial conformance with the
approved plans, and any approved revisions thereto.
C. Soil Engineer - The Soil Engineer shall be responsible for
the testing of compaction and determination of stability
' of the various slopes. He shall, prior to release o£ the
Bond and Surety, provide a written statement that inspections
and tests were made by him, or under his supervision , and
that in his professional opinion, all embankments have been
compacted to City standards and in accordance with the
Earthwork Specifications for •the project.
1 D. Landscape Architect - All landscaping work shall be designed
under the supervision of a Landscape Architect. However,
a Registered Civil Engineer or Registered Architect may
be responsible for the inspection of all. landscaping .and
irrigation required per the grading permit and plans
T if it is in conjunction .with a project he has been contracted
to do. He shall , prior to the release of the Bond and Surety,
provide a written statement that in his pro£essional opinion
all work incorporated in the landscape and irrigation plans
authorized under the permit have been constructed in accord-
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ance with the approved plans and revisions thereto.
E. Prior to the release of building permits for any given
lot or lots , the private engineer shall submit a statement
(Form PW-E-106B) as evidence that rough grading £or land
development has been completed within standard tolerance
in accordance with the approved plans , and that all embank-
ments and cut slopes and pad sizing are as shown on the
, approved plans.
The soils engineer will submit a statement that all embank-
ments, under his direction, have been completed to an
indicated 90$ relative density.
Sec. 15.04 . 170 Transfer o£ responsibility for approval.
If the private engineer, soil engineer, landscape architect,
or engineering geologist of record are changed during the course
of the work, the work shall be stopped until the replacement
, has agreed to accept the responsibility within the area of their
technical competence for approval upon completion of the work.
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Sec. 15. 04 . 175 Plans and reports to be prepared
' by engineers. ,
Plans for public improvements and work involving land develop-
' ment authorized under this chapter shall be prepared by a civil
engineer. Where soil reports or soils investigations are required,
the reports and investigations shall be prepared and conducted
by a soils engineer.
Sec. 15.04, 180 Private contract performance bond -
Required when - Issuance conditions
generally.
Persons performing private contract work under a permit
issued in accordance with this chapter shall furnish a bond/bonds
' or cash deposit or instrument of credit executed by the owner
or his agent, or both, as principal in accordance with the pro-
visions codified in Sections 15. 04 . 180 through 15.04. 215.
The performance bond/bonds shall be issued by a surety
company authorized to do business in the state and shall be
' approved as to form by the City Attorney. The bond/bonds
shall be in favor of the City and shall be conditioned upon
the completion, free of liens, of the work authorized by the
permit in accordance with the requirements of this chapter and
the conditions prescribed by .the permit.
' Slope planting and irrigation bond will be separate from
the performance bond requirements for appurtenant structures
and grading. They will be held in the office of the Director
of Planning until satisfactory compliance with landscaping and
irrigation has been accepted.
Sec . 15.04. 185 Private contract performance bond -
Conditions .- •NOtice of default - "
Contents - Effect.
The bond/bonds shall be conditioned upon the payment to the
City of any costs incurred by the City or its agent in completing
, the required work or performing work necessary to leave the site
in a nonhazardous condition. The bond/bonds shall be further
conditioned upon the payment to the City or its agents in com-
pleting the work required to protect or repair adjacent public
or private properties from damage from work performed under
the permit. Whenever the City Engineer finds that a default
.. has occurred in the performance of any term or condition of
work authorized by a permit, he shall give written notice of
such default to the principal and surety of the bond. Such
notice shall state the work remaining to be done, the estimated
cost of completion and the time. estimated by the City Engineer
to be necessary for the completion of the work. After the
. receipt of such notice, the principal or the surety must, within
the time specified, either complete the work satisfactorily
or deposit with the City an amount egual to the City Engineer' s
estimate of the completion cost plus an additional sum equal
to twenty-five percent of such cost.
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Sec. 15. 04 . 190 Private contract� performance bond -
Principal or surety liable for cost
of completing work when.
' In the event that the principal or surety fails to complete
such work within the' time specified in the notice, or fails to
deposit the estimated cost plus twenty-five percent with the
City, the City Engineer may cause the required work to be com-
pleted. The principal and the surety shall be liable for the
a
cost of completing such work.
Sec. 15.04. 195 Private contract performance bond
Liability of City for performance of
certain work.
' If the principal or surety deposits the estimated cost plus
twenty-five percent as set forth in the notice, the City Engineer
shall cause the required work .to be completed. The unexpended
money shall be returned to the depositor at the completion of
such work, together with an itemized accounting of the cost.
The principal and surety shall hold the City blameless from
' any liability in connection with the work so performed by the
City or contractor employed by the City. The City shall not
be liable in connection. with such work other than for the ex-
penditure of said money.
f Sec. 15. 04 . 200 Private contract performance bond -
� Cash deposit accepted in lieu when -
Default correction procedure .
In lieu of a bond, the permittee may post a cash deposit
with the Director of Finance in an amount equal to the required
�' bond. Notice of default as provided above sha11 be given to
the principal, and if the default is not corrected within the
time, speci£ied, the City Engineer shall� proceed without delay
and without further notice of proceeding whatever to use the
cash deposit or any portion of such deposit to complete the
required work. The balance, if any, of such cash deposit shall,
upon the completion of the work, be returned to the depositor
; or to his successors or assigns after deducting the cost of
the work. �
Sec. 15.04 . 205 Private contract performance bond -
Not required when.
�
No performance bond under the provisions of this chapter
shall be required from the State of Cali£ornia, or any of its
political subdivisions or any governmental agency.
;- Sec. 15.04 , 210 Private contract performance bond -
Required from certain contractors when -
Exception.
A contractor working for the State or any of its political
subdivisions or any governmental aqency shall present a per-
� formance bond unless proof is submitted that the work is covered
by a bond inuring to the benefit of the State or agency.
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Sec. 15.04. 215 Private contract performance- bond -
Conditions - Compliance with' certain
terms and provisions required.
Every bond or other performance guarantee shall include
conditions that the permittee shall:
A. Comply with all provisions of this chapter;
! B. Comply with all terms and conditions of the land
development permit;
C. Complete the land development work within the time
. limit speci£ied in the land developnent permit.
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Sec. 15. 04 . 220 Private contract performance bond -
Method of estimating amount -
Schedule.
� The amount of the bonds or cash deposits covering a specific
'_ job shall be based on the amount of the estimate submitted by
' the person doing the work and approved by the City Engineer
and in accordance with the following schedule:
' A. . Appurtenant structures - 1008 of the estimated cost of
I, retaining walls , drainage £acilities or other grading
I� appurtenances;
B. Grading - 258 of the estimated cost. This percentage
may be varied by the City Engineer to fit conditions
which are unusual in his opinion.
IC. Slope planting and irrigation - 1008 of the estimated
cost of required landscaping and irrigation facilities.
D. Maintenance of landscaping - 1008 of the estimated
cost of maintaining landscaping for the period specified
upon the permit. ,
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Sec. 15. 04 . 225 Release of bonds/security.
Bonds or other security shall be released upon acceptance
of completed Form PW-E-106 (Request for Release of Bonds) sub-
mitted by the permittee. This form is available in the office
�/ of the City Engineer.
I Such form may not be accepted until the end of the maintenance
period for the reguired landscaping, unless a separate bond. is
or has been submitted to guarantee maintenance of landscaping.
Sec. 15. 04 . 230 City Engineer - Enforcement responsibility
and permit issuance authority. '
The City Engineer shall enforce the. provisions of this chapter..
He shall, upon application by qualified persons, issue permits
in connection with land development when all applicable conditions
established by this chapter for such permits have been met.
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Sec. 15. 04 . 235 City Engineer - Powers and duties
' generally.
' He shall cause land development being done without a permit
' to be stopped until a permit has been obtained. He may require
that such work done without a permit be removed or corrected
at the expense of the responsible person. Where land develop-
ment work involves an embankment improperly constructed or
constructed without adequate testing, he shall cause such
' embankment to be reconstructed or, in lieu thereof, shall
cause a Declaration of Improper Land Development to be recorded
in the Office of the County Recorder. He shall have work done
� in connection with land develop�ent inspected to insure compliance
► with the provisions of this chapter' and shall release the .bond
when such work is properly completed.
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Sec. 15. 04 . 240 City En ineer - Authority to determine
appli�le fees .
' The City Engineer shall determine the fees applicable under
' the provisions of this chapter.
Sec. 15.04 . 245 Ci�Engineer - Dut� to consider
certain recommendations and�eny
certain applications. .
i
When the nature of the work requested is such that it comes
within the requirements o£, or affects the operatioa of any
other department of the City, the City Engineer shall obtain
and consider the recommendations of applicable city departments '
in determining the disposition of the application. He shall
�' deny applications which are not in the interest of the public
health, safety or general welfare, or do not constitute a reason-
able use of land as indicated by the existing zoning or an
approved land use plan.
Sec. 15. 04 . 250 City Engineer - Grounds for cancelling
; permit or amending plans.
The City Engineer may cancel a permit or may require the
plans to be amended in the interest of public health, safety
and welfare or under any of the following conditions:
f A. Upon the request o£ the permittee;
B. When the facts are not as presented by the permittee
in the application;
C. When work, as constructed or as proposed to be con-
; structed, creates a hazard to public health, safety
and welfare.
Sec. 15. 04 . 255 Appeals - Authorized when -
Determination authority.
An applicant may appeal the City Engineer' s denial of, or
the conditions of approval of, an application for a land de-
velopment permit to the City Council.
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Sec. 15. 04. 260 Appeals - Time limit for filinq -
, Form.
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I4 The applicant for a permit issued pursuant to this chapter,
I;" or the permittee, may appeal to the City Council. from any
decision of the City Engineer within ten working days after
said decision. Appeals shall be in writing and shall state
the specific nature of the appeal. Appeals shall be filed
with the City Clerk.
, Sec. 15. 04 . 265 Permits - Application - Procedure
generally -. Detail plan required.
-� .
� Applications for permits authorizing land development work
� shall be made in accordance with procedures established by
(' the City Engineer. Applications shall be accompanied by such
detailed plans, specifications and schedules as listed ,in the
Subdivision Manual, Landscape Manual, and as otherwise required
by the City Engineer, See Sections 15. 04 .290 and 15.04. 295
�' of this chapter regarding fees.
�
� Sec. 15. 04 . 270 Permits - Application - Detail plans
and specifications required.
A. Detailed plans and specifications for land development
shall include, but not be limited to:
i
1. Those requirements listed in the Subdivision rianual;
2. A vicinity sketch or other data adequately indicating
the site location;
3 . A plot plan showing the location of the land develop-
ment boundaries , lot lines, and public and private
rights of way lines;
4 . A contour nap showing the present contours of the land
and the proposed contours or grid elevations . Contours
will extend beyond the limits of grading at least one
, hundred feet;
5. The location of any buildings or structures within
the land development boundaries, and the location of
any building or structure on adjacent property which
is within fifteen feet of the land development boundary;
�
6. Typical sections showing details concerning proposed
cut and fill slopes;
7 . Adequate plans of all drainage devices , walk or other
protective devices to be constructed in connection
; with, or as a result of the proposed caork, together
with• a map showing the drainage area of land tributary
' to the site and the estir.iated runoff of the area
served by any drainage facilities and devices;
8. An estimate of the quantity of excavation and £ill
,. involved; quantities relative to construction of
appurtenant structures; estimate of cost; and estimated
starting and completion dates;
9 . A landscape and irrigation plan indicating the total
landscaped square footage, plant quantity, spacing,
� type and location and the layout of the irrigation
system; and an estimate of cost of the landscaping
and irrigation facilities .
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� B. A soils investigation may be required to correlate sur-
Iface 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 which
� shall include, but not be li�ited to, location of faults;
� data regarding the nature, distribution, and strength
. of existing soils and rock on the site; the soil engineer' s
� conclusions and recomr,iendations for grading requirements ,
including the correction of weak or unstable soil condi-
tions ' 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 engineer-
ing geology report by an engineering geologist cuhen re-
^ quired by the City Engineer.
r
; C. The City Engineer may require other data or information
1 as he deems necessary. He may eliminate or modify any
. of these requirements, where in his opinion they will
serve no practical purpose . .
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� 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 frorm the private
� engineer, soil engineer, and landscape architect that they have
� been retained by the permittee to perforr� the c•�orY, specified
in Section 15.04 . 165 . The permits shall include, or refer to,
� the conditions, plans and specifications which shall govern
the work authorized.
Sec. 15. 04. 280 Investigations authorized and required
when - Fee. .
The City Engineer may require the payment of the prescribed
fees for special investiaations when the proposed work or
inquiries necessitate that special ��ork be performed by the
City. Special investigations shall include all requests for
' time extensions or variance requests and shall be accompanied
by the special investigation fee.
Sec. 15. 04 . 285 Agreement required for uncontrolled
fer.ibankments - Additional specifications .
Applications for land development permits involving un-
controlled embankment shall be accompanied by an agreement
signed by the property owner. The agreerient shall be prepared
by the City Engineer and shall contain the follocaing provisions
and such other provisions as may in the opinion of the City
[ Engineer afford protection to the property owner and City:
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A. The land developrient work shall be designated as
uncontrolled embankment and shall be constructed
in accordance with plans approved by the City
Engineer.
B. The owner acknowledges that as an uncontrolled
embankment the site is not eligible for a building
permit unless special soils analysis and foundation
design are submitted.
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' C. The land development work shall be done and maintained
in a safe and sanitary manner at the sole cost, risk
and responsibility of the owner and his successors
in interest, who shall hold the City harmless o�ith
respect thereto.
' The agreement for uncontrolled er.ihanknent shall be approved
by the City Council and recorded by the City Clerk in the Office
of the County Recorder as an obligation upon the land involved.
The notice shall remain in effect until release of .the agreement
is filed by the City Engineer.
Sec. 15. 04. 290 Fees - Collection - Method of ,
estimation - Verification - Payment
�� required - Exemptions .
A. Fees required by this chapter shall be collected by the
City Engineer and deposited �rith the Director of Finance.
Such fees shall be in accordance �rith the provisions
contained herein.
The applicant shall pay a permit fee based upon the
approved engineer ' s estimate. The permit fee consists
of two parts , the plan check fee and the inspection fee.
The permit fee base used in the schedule of fees shall
be computed by multiplying the esti�ated cost of the
� work by the following factors :
1. Appurtenant structures - 50� ;
2 . Grading and landscaping - 258; '
3. Irrigation facilities - 50$ . .
At the time of submittal of the plans, the plan check
fee portion of the permit fee shall be paid. This fee
shall be 508 of the estimated permit fee and is not
refundable.
The inspection fee is .the remainder of the permit fee
and shall be paid prior to issuance of the permit.
B. The estinates shall be made or verified by the City
Engineer. No permit shall be issued and no land
development shall be permitted� until the fees applicable
under this chapter have been received by the City Engineer.
1. The State of California or any of its political
subdivisions or any governmental agency shall file
applications for permits and shall be issued permits
as required by this chapter. Pto fees shall be re-
quired when the work is done by persons worY.ing
directly for the State or agency.
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Sec. 15. 04 . 295 Fees - Schedule for' computation
Fee base shall be computed in accordance with Section
�' 15. 04. 290A. ,
Fee base (S) Permit fee ($)
0-329 30
' 330-419 38
420-529 48
530-659 60
' 660-809 74
810-989 90
990-1209 101
1210-1479 111
1480-1819 12Z
1820-2259 134
2260-2699 146
2700-3139 157
3140-3579 166
3580-4000 175
4000-Up 175 plus 1. 25�
of fee base over $4000
Special Investigation Fee $25
Special investigation and permit plan check fees are
not refundable.
Sec. 15. 04. 300 Fee - Refunding procedure.
In the event a permit £ee refund is requested by the
applicant and/,or permittee , the City Engineer shall determine
if such work may be abandoned. Upon abandon�ent, the City
Engineer shall refund the difference. betcaeen the inspection
fee paid and the amount equal to the cost, plus overhead,
expended by the City for inspections performed. Such refund
shall not exceed fifty percent of the permit fee.
Sec. 15. 04. 305 Fees - To be doubled in certain cases -
Effect of imposition.
In the event that land developnent work is commenced caithout
a land development permit, the City Engineer shall cause such
work to be stopped until a permit is obtained. The permit fee,
in such instance shall then be double that which would normally
be required. The payment of such double fee shall not relieve
any person from fully complying with the require�ents of this
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chapter in the performance of the work, Such £ee shall not
be construed to be a penalty, but shall be construed as an
' added fee required to defray the expense of enforcement of
the provisions of this chapter in such cases. The imposition
of payment of such double fee shall not prevent the imposition
of any penalty prescribed or inposed by this chapter.
' Sec. 15.04. 310 Violations - Declared unlawful and
public nuisance - Abatement authoritv.
Any land developnent comr.ienced, or done contrary to the
provisions of this chapter, shall be, and the same is hereby
declared to be, unlawful and a public nuisance, Upon order
' of the City Council, the City Attorney shall commence necessary
proceedings for the abatement, removal and/or enjoinment of
any such public nuisance in the manner provided by law. Any
failure, re£usal, or neglect to obtain a permit as required
by this chapter shall be prima facie evidence of the fact
that a public nuisance has been corunitted in connection with
any land development commenced or done contrary to the pro-
visions of this chapter.
SECTION II : This ordinance shall be effective thirty
days following its passage and adoption.
,
Presented by Approved as to form by
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w. J. R ens , ire or of George . Lindberg, City Attorney
Public Works
FIRST READ at a regular meeting of the CITY COUNCIL of
the CITY OF CHULA VISTA, CALIFOR*7IA, held MaY 16 �
197g, and finally PASSED AND ADOPTED at a regular meeting thereof
held i�tay 2S , 197 8 , by the following vote, t0-4Jlt:
AYES: Councilmen Scott , Hobel , Cox , Hyde
NAYES: Councilmen None
ABSENT: Councilmen E dahl
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. Mayor of the City of ula Vista
ATTEST C/-/�
Deputy City Clerk
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss .
CITY OF CHULA VISTA)
I , , City Clerk of the
City of Chula Vista, California, DO HEREBY CERTIFY that the above is
� a full, true and correct copy of Ordinance No. , and that
the same has not been amended or repealed. DATED
City Clerk
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