Division 10 — GRADING CODE AND ENCROACHMENT REGULATIONS

CHAPTER 1. - GRADING CODE

ARTICLE a. - GENERAL PROVISIONS

Sec. 5-10-101. - Title reference to Code.

This chapter shall be known as and may be cited as the "Irvine Grading Code and Encroachment Regulations." "Code" as referred to in this chapter, unless the context clearly indicates otherwise, shall mean the Irvine Grading Code and Encroachment Regulations.

(Ord. No. 03-22, § 1, 6-24-03)

Sec. 5-10-102. - Grading manual.

A.

The Chief Building Official shall formulate and modify as necessary such rules, procedures and interpretations as may be necessary to administer this division. Such rules, procedures and interpretations shall be referred to as the "City of Irvine Grading Manual" or the "Grading Manual," and any amendments to it shall be as adopted by the Chief Building Official.

B.

The grading manual shall include provisions to assure that the water quality requirements relevant to activities subject to this chapter apply to such activities.

C.

In the event of any conflict between said Grading Manual and this Code, the provisions of this Code shall govern. The provisions of said Grading Manual shall, to the extent that they are made conditions of any grading permit by the Chief Building Official, be binding on the permittee.

(Ord. No. 03-22, § 1, 6-24-03)

Sec. 5-10-103. - Purpose and intent.

It is the intent of this Code to safeguard life, limb, property and the public welfare by regulating grading and controlling the quality of water runoff on private and public property in the incorporated areas of the City of Irvine.

(Ord. No. 03-22, § 1, 6-24-03)

A.

This Code sets forth rules and regulations to control excavation, grading and earthwork, construction, including fills and embankments; establishes administrative requirements for issuance of grading permits; maintenance of property; and provides for approval of plans and inspection of grading construction in accordance with the requirements for grading and excavation as contained in the Building Code Regulations of the City of Irvine then in effect as adopted and modified by the water quality requirements relevant to activities subject to this title.

B.

In the event that a particular topic is not covered in either this chapter or the Grading Manual, provisions of the Building Code Regulations of the City of Irvine shall govern. If a conflict arises between the Building Code Regulations of the City of Irvine and this chapter or the Grading Manual, the specific provisions of the Code or manual shall govern.

(Ord. No. 03-22, § 1, 6-24-03)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Approval shall mean a written engineering or geological opinion by the responsible engineer, geologist of record or responsible principal of the engineering company concerning the progress and completion of the work unless it specifically refers to the Chief Building Official.

Approved plans shall mean the current grading plans which bear the stamp of approval of the Chief Building Official.

Approved testing agency shall mean a facility whose testing operations are controlled and monitored by a registered civil engineer and which is equipped to perform and certify the tests required by this Code, or the Grading Manual, as determined by the Chief Building Official.

Bench shall mean a relatively level step excavated into earth material on which fill is to be placed.

Best management practices shall mean schedules of activities, pollution treatment practices or devices, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or the stormwater drainage system. Best management practices also include, but are not limited to, treatment practices, operating

procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Best management practices may include any type of pollution prevention and pollution control measure that can help to achieve compliance with this chapter.

Chief Building Official is that person charged with the administration and enforcement of this Code or his or her authorized representative.

Civil engineer shall mean a professional engineer registered in the State of California to practice in the field of civil engineering.

Civil engineering shall mean the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials for the evaluation, design and construction of civil works for the beneficial uses of mankind.

Clearing, brushing and grubbing shall mean the removal of vegetation (grass, brush, trees and similar plant types) by mechanical means.

Code shall mean the Code of Ordinances of the City of Irvine.

Commercial coach is a vehicle with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes, and shall include a trailer coach.

Compaction is the densification of a fill by mechanical means.

Earth material is any rock, natural soil or fill, and/or any combination thereof.

Engineering geologist shall mean a geologist certified in the State of California to practice engineering geology.

Engineering geology shall mean the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

Erosion is the wearing away of the ground surface as a result of the movement of wind, water and/or ice.

Erosion and sediment control plan is a plan prepared, stamped and signed by a civil engineer in accordance with the Grading Manual and the City's local implementation plan which shows the various temporary, semi-permanent and permanent erosion and sediment control devices and systems, and incorporates appropriate best management practices. The plan shall accommodate construction sequencing.

Erosion and sediment control system is a combination of desilting facilities and erosion protection, including effective planting, to protect property, watercourses, public or private facilities and receiving waters from an abnormal deposition of sediment or dust.

Excavation is the mechanical removal of earth material.

Fill is a deposit of earth material placed by artificial means.

Grade shall mean the vertical location of the ground surface.

(1)

Existing grade is the ground surface prior to grading.

(2)

Finish grade is the final grade of the site which conforms to the approved precise plan.

(3)

Natural grade is the ground surface unaltered by artificial means.

(4)

Rough grade is the stage at which the grade approximately conforms to the approved plan.

Grading is any excavating or filling or combination thereof.

Grading contractor is a contractor licensed and regulated by the State of California who specializes in grading work or is otherwise licensed to do grading work.

Grading permit is an official document or certificate issued by the Chief Building Official authorizing grading activity as specified by approved plans and specifications.

Hillside site is a site where the existing grade is 10 percent or greater, and which may be adversely affected by drainage and/or stability conditions within or from outside the site, or which may cause an adverse effect on adjacent property.

Local implementation plan. See Section 6-8-301 for definition.

Mobile home means a structure, transportable in one or more sections, designed and equipped to contain not more than two dwelling units to be used with or without a foundation system. "Mobile home" does not include recreational vehicle, commercial coach or factory-built housing.

Owner is any person, agency, firm or corporation having a legal or equitable interest in a given real property.

Permanent erosion and sediment control devices are improvements that remain throughout the life of the development. They include terrace drains, down drains, slope landscaping, channels, storm drains, etc.

Precise grading permit is a permit that is issued on the basis of approved plans that show the precise structure location, finish elevations and all on-site improvements.

Rough grading permit is a permit that is issued on the basis of approved plans showing interim building pad drainage to the degree required by the Chief Building Official.

Semi-permanent erosion and sediment control devices are devices that are used primarily during construction and are not relocatable. They include earthen berms, concrete spillways, desilting basins, riser/outlet pipes, etc.

Site is any lot or parcel or land or contiguous combination thereof under the same ownership, where grading is performed or permitted.

Slope is an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

Soil is naturally occurring, surficial deposits overlying bedrock.

Soil engineer or geotechnical engineer is a civil engineer duly registered in the State of California whose field of expertise is soil mechanics.

Soil engineering or geotechnical engineering shall mean the application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof.

Special inspector is an inspector duly licensed by the Chief Building Official to perform specialized inspections of asphalt concrete placement and related construction work or other grading related work as specified by the Chief Building Official.

Stormwater permits are permits issued by a local, State or federal regulatory agency regulating stormwater flow over and from any project subject to this chapter, including, but not limited to, NPDES permits and State general permits as defined in Section 6-8-301.

Surveyor shall mean a professional surveyor or civil engineer registered in the State of California to practice land surveying.

Temporary erosion and sediment control devices are devices that are removable and can be salvaged for subsequent reuse. In most cases they will last no longer than one rainy season. They include sandbags, gravel bags, plastic sheeting (visqueen), silt fencing, straw bales, and similar items.

Terrace is a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.

Water quality requirements are the requirements relevant to the activities that are subject to this chapter found in the water quality provisions contained in Division 8 of Chapter 3 of Title 6 of the Codified Ordinances of the City of Irvine, and the DAMP and local implementation plan as defined in Section 6-8301 including all appendices and guidance documents included in the DAMP as well as requirements relevant to the activities that are subject to this chapter found in stormwater permits.

(Ord. No. 03-22, § 1, 6-24-03)

Sec. 5-10-106. - Reserved. ARTICLE b. - PERMITS REQUIRED

Sec. 5-10-107. - Grading permit exemptions.

No person shall conduct any grading, clearing, brushing or grubbing on natural or existing grade that is preparatory to grading without first having obtained a grading permit from the City. Exemptions to this requirement are as follows or as otherwise determined by the Chief Building Official:

A.

An excavation below finished grade for basements and footings of a building, mobile home, retaining wall or other structure authorized by a valid building permit or construction permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structure. This shall not prohibit a minimum fee grading permit or soil or geologic report from being required for foundation design and inspection purposes when, in the opinion of the Chief Building Official, stability or flooding considerations warrant such inspection.

B.

Cemetery graves.

C.

Earthwork construction regulated by the federal, State, County or City government, or by any local agency as defined by Government Code § 53090 (special districts). This exemption, however, shall apply only when the earthwork construction takes place on the property, or dedicated rights-of-way or easements of the above agencies.

D.

Excavation and backfill for installation of underground utilities by public utilities or companies operating under the authority of a franchise or public property encroachment permit.

E.

Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressures upon any adjacent or contiguous property.

F.

Exploratory excavations under the direction of soil engineers or engineering geologists, provided all excavations are properly backfilled. All such excavations and trenches are subject to the applicable sections of Title 8 of the State Orders, Division of Industrial Safety.

G.

An excavation which does not exceed 50 cubic yards on any one site and which is less than two feet in vertical depth, or which does not create a cut slope greater than five feet in vertical height and steeper than two horizontal to one vertical (2:1).

H.

A fill less than one foot in depth placed on natural grade with a slope flatter than five horizontal to one vertical (5:1), or a fill less than three feet in depth, not intended to support structures or mobile homes, which does not exceed 50 cubic yards on any one site and does not obstruct a drainage course.

I.

Grading in conjunction with work performed pursuant to the provisions of Title 6, Division 5 of the Codified Ordinances of the City of Irvine (Oil and gas regulations) unless the Chief Building Official determines it is necessary to obtain a grading permit to assure proper construction of a building or other structure, or where it is necessary for the protection of adjacent properties not devoted to oil drilling or production.

(Ord. No. 03-22, § 1, 6-24-03)

Sec. 5-10-108. - Grading permit, paving.

No person shall construct pavement surfacing in excess of 3,000 square feet, on natural or existing grade, for the purpose of a private road or commercial, industrial or multi-residential parking lot or travel way without a valid grading permit unless waived by the Chief Building Official or a separate improvement plan for such paving is approved and signed by the City Engineer. Resurfacing or maintenance of paved surfaces shall be exempt from this requirement.

(Ord. No. 03-22, § 1, 6-24-03)

Sec. 5-10-109. - Grading permit, watercourse alteration.

No person shall alter an existing watercourse, channel or revetment by excavating or placing fill, rock protection or structural improvements without a valid grading permit unless waived by the Chief Building Official or performed as interim protection under emergency flood-fighting conditions or a separate improvement plan for such work has been approved by the City.

(Ord. No. 03-22, § 1, 6-24-03)

Sec. 5-10-110. - Types of grading permits.

A.

Either a rough grading permit or a precise grading permit may be issued for grading work upon completion of an application in accordance with the Grading Manual and approval by Chief Building Official. The rough or precise grading permit is the option of the permittee provided that the plans satisfy the requirements of the Grading Manual.

B.

Building permits may be issued for a site graded under a valid precise grading permit upon completion and approval of rough grade inspection as specified in Section 5-10-145, "Site inspection."

C.

Building permits shall not be issued for a site graded under a rough grading permit until a precise grading permit has been issued and the provisions of B above have been satisfied.

(Ord. No. 03-22, § 1, 6-24-03)