Camarillo Municipal Code Ch. 16.40 Use of Explosives for Grading

A. The use of explosives for grading or blasting is a potentially very dangerous activity.

B. Blasting should only be conducted in a manner that is safe to nearby residents. Potential noise and disruption to the surrounding area during site drilling and blasting should be mitigated as much as possible.

C. The intent and purpose of this chapter is to protect the health, safety and welfare of the citizens of Camarillo. In order to do so, it is necessary to regulate blasting and require blasting permits.

(Ord. 661 § 1 (part), 1988.)

A. No pre-blast drilling or blasting operation may take place without a permit issued by the department of engineering services. No permit shall be issued unless there is no economically feasible alternative to blasting.

B. The permit application shall be in the form of a report which, in addition to the requirements listed below, shall include a discussion of the following topics: general location of the blasting; justification for the blasting; ripping tests results; drilling operations; drilling noise attenuation; blasting operations; blasting objectives; vibration limits; noise limits; controlled blasting program; instrumentation; scaled distances; seismographic monitoring; notification; records; blasting complaints; blasting hours; and blasting duration.

C. The director of engineering services, or his designee, may impose any conditions deemed necessary to protect the public health, safety or welfare.

(Ord. 661 § 1 (part), 1988.)

All blasting operations must be conducted by a California state-licensed contractor.

(Ord. 661 § 1 (part), 1988.)

Explosive operations must be conducted as a series rather than in one action in order to mitigate potential noise and disruption to the surrounding area.

(Ord. 661 § 1 (part), 1988.)

Before conducting any explosive operations, appropriate insurance coverage by the contractor and the developer must be provided naming the city as an additional insured in an amount determined by resolution of the city council.

(Ord. 661 § 1 (part), 1988.)

The following information must be submitted to and approved by the director of engineering services, or his designee, before a permit will be issued:

A. Location of blasting area and charge placements;

B. Quantity of explosives to be used in each action;

C. Pre-blast drilling schedule (blasting may only occur Monday through Friday, except holidays, seven a.m. to four p.m.);

D. Schedule of dates and times when blasting will occur (blasting may only occur Monday through Friday, except holidays, seven a.m. to four p.m.);

E. Measures to be undertaken which will mitigate noise and earthshaking to surrounding properties during pre-blast drilling and blasting;

F. A list of areas requiring clearance of residents prior to blasting operations:

G. Any and all traffic control measures for periods prior to, during and immediately after blasting;

H. The communication system to be used at checkpoints; and

I. A copy of the notice which was delivered to the residents in accordance with Section 16.40.070.

(Ord. 661 § 1 (part), 1988.)

A. Before a blasting permit will be issued, the developer must provide notice to all residents indicating the intent to conduct a series of blasting operations within a minimum of a one-quarter-mile radius of the premises and the date by which objections must be submitted to the department of engineering services. Said notice shall provide no less than seven days for residents to submit any objections to the department of engineering services.

B. A notice detailing the dates and times of all blasting activities must be provided to all residents within a minimum of one-quarter-mile radius of the blasting a minimum of twenty-four hours before the explosive actions.

(Ord. 661 § 1 (part), 1988.)

In addition to obtaining a blasting permit from the department of engineering services, the developer must also do each of the following:

A. Obtain an explosives permit from the Ventura County fire department;

B. Obtain approval from Caltrans prior to blasting on any site within one thousand feet of the Ventura Freeway;

C. Sign a statement agreeing to abide by all conditions and requirements in this chapter and Chapter 10.34 "Noise Regulations" of this code;

D. The contractor must provide a list of all employees who are permitted and licensed to receive and use explosives;

E. A geotechnical report outlining the probable after effects of the blasting and the likelihood of the presence of gas pockets and old oil wells must be submitted to the department of engineering services for review and approval; and

F. Coordinate with all owners of underground facilities, including but not limited to American Telephone and Telegraph (AT&T), Southern California Edison, General Telephone, Southern California Gas, cable TV, water purveyor and sanitary sewer purveyor located within five hundred feet of the proposed blasting operation for determination of no conflict between the blasting operation and their underground facilities. Verification of this coordination must be submitted to the department of engineering services.

(Ord. 661 § 1 (part), 1988.)

Notification of blasting must be submitted to the department of engineering services and the city manager at least twenty-four hours in advance of any blasting to allow on-site observation by the city.

(Ord. 661 § 1 (part), 1988.)

Should any individual explosion result in damage to surrounding properties, the director of engineering services or his designee may order a halt to further blasting. The director of engineering services, or his designee, may also order a halt to blasting prior to commencement of said operation if new information comes to the attention of the director of engineering services, or his designee, after the blasting permit has been issued and said information causes the director of engineering services or his designee to determine that blasting would result in unavoidable harm to persons and/or property.

(Ord. 661 § 1 (part), 1988.)

A. Provisions for Appeal. Any person aggrieved by the refusal of a permit may appeal the decision to the city council within thirty days after the date of such decision. The appeal shall be in the form of a written notice filed with the city clerk and signed by the applicant. The notice shall have attached a copy of the application as filed with the engineer, shall recite such other items as have been filed, and shall state clearly and concisely the grounds upon which the applicant relies in his appeal.

B. Fee. The appeal shall be accompanied by a fee in an amount determined by resolution of the city council.

C. Time of Hearing. The city clerk shall set the matter for public hearing and shall notify the applicant and the director of engineering services of the time of the hearing.

D. Notice. The city clerk shall provide notice in the following manner:

1. At least ten calendar days before the public hearing, notice shall be given stating the time, date and place of said hearing, the identity of the hearing body, and a general explanation of the matter to be considered and a general description of the area affected and the street address, if any, of the property involved;

2. Said notice shall be published at least once in a newspaper of general circulation, published and circulated in the city; and

3. The city shall give notice of the hearing by mail or delivery to:

a. The owner of the subject property or the owner's duly authorized agent;

b. The permit applicant; and

c. All persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within a minimum of a one-quarter-mile radius of the property which is the subject of the proposed application. If notice is given by way of this last method, the notice must also be posted in at least three public places within the boundaries of the city, including one public place in the area directly affected by the proceeding.

4. Substantial compliance with the provisions of this section shall be sufficient and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth herein.

E. Council Action. At the hearing, the applicant shall establish to the satisfaction of the council that he is entitled to issuance of a permit under this chapter. The director of engineering services, or his designee, may present the grounds for denial of the permit. The decision of the council is final.

(Ord. 661 § 1 (part), 1988.)

Every person who performs any work regulated by this chapter, either without first obtaining a permit therefor from the director of engineering services or having a permit, fails to comply with any applicable provision of this chapter or with any condition of the permit, or performs work contrary to any of the general or special requirements or specifications of the permit is deemed in violation of this chapter and such violation shall constitute a misdemeanor.

(Ord. 661 § 1 (part), 1988.)