Irvine Municipal Code § 5-10-111 Enforcement

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)

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)

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 6-8-301 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)

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)

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)

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)

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)

A. The provisions of Section 5-9-201 apply to grading construction work.

B. Stop orders. Whenever any building or grading work is being done contrary to the provisions of this Code or the grading permit, the Chief Building Official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done; and any such persons shall forthwith stop such work until authorized to proceed by the Chief Building Official.

C. Whenever any building or grading work is being done contrary to the provisions of the water quality requirements related to activities subject to this chapter in addition to the powers and duties specified in Subsections A and B the Chief Building Official may utilize any enforcement provision specified in Section 6-8-305.

(Ord. No. 03-22, § 1, 6-24-03)

A. It shall be unlawful for any person, firm or corporation to conduct grading in the City of Irvine, or cause the same to be done, in a manner that is contrary to or in violation of any of the provisions of this Code.

B. The issuance of a building permit, performance of building permit inspections, or issuance of a certificate of use and occupancy may be withheld for property on which a violation of the provisions of this Code exists, including work performed not in accordance with approved plans, until such violation has been corrected to the satisfaction of the Chief Building Official.

C. Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor; and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued or permitted; and upon conviction of any such violation such personnel shall be punishable by a fine or by imprisonment as prescribed in Section 4-13-201 of the Code, or by both such fine and imprisonment for each offense.

(Ord. No. 03-22, § 1, 6-24-03)

A. Existence. Hazardous conditions exist when the state of any natural ground, natural slopes, excavation, fill or drainage device, any of which exist on public or private property, is a menace to life or limb, or a danger to public safety, or endangers or adversely affects the safety, usability or stability of adjacent property, structures, or public or private facilities.

B. Examination. The Chief Building Official may examine or cause to be examined every condition reported as hazardous as set forth in Subsection A. of this section.

C. Notice of hazardous condition; hearing. Whenever the Chief Building Official determines that a hazardous condition exists as set forth in Subsection A. of this section, the Chief Building Official shall give the owner or other person or agency in control, or the permittee under any permit issued pursuant to this Code, of the property upon which such excavation, fill or condition is located, notice of such determination and demand for immediate corrective action of any such conditions, and the time and place that a hearing shall be held thereon before the Chief Building Official. The purpose of the hearing would be for the presentation of evidence concerning the hazardous conditions and demand for corrective work or submission of reports. The notice shall set forth the right of the owner to be present at the hearing, at his or her option, and introduce such relevant evidence on the issues as he or she desires. If the time and place of any hearing scheduled for the presentation of evidence is not included in the initial notice(s), it shall be included in a subsequent notice.

D. Evidence. At the time and place so specified for the hearing, evidence shall be submitted as to the facts of any condition as to reasonably establish its existence; and the Chief Building Official, as hearing officer, shall determine whether the facts presented reasonably establish the existence of a hazardous condition to the satisfaction of the hearing officer. Evidence may further be submitted as to the work or reports considered necessary to correct or determine work to correct said hazard.

E. Order, finality and appeal. If the hearing officer determines the existence of a hazardous condition, he or she shall determine whether such hazards are subject to corrective work and/or the need for more analysis through the preparation of reports and shall order such work or reports and specify a completion time.

1. Finality of order. The determination and order may be made orally at the hearing and shall be written and transmitted to the owner within a reasonable time. The determination and order shall become final five days, excluding Saturdays, Sundays and holidays, from the time it is first rendered. In the event that the owner was not present at the hearing, the determination and order shall become final five days from the mailing of the order to the last-known address of said owner.

2. Appeal. The owner may, at any time prior to the determination and order becoming final, appeal in writing the decision of the hearing officer to the City Council.

F. Completion of work. The owner shall, following the finality of the determination and order of the hearing officer, or if appealed, the determination and order of the City Council commence the corrective action ordered or preparation of reports; and such work or submissions shall be completed within the specified time.

G. Failure to complete work. If the owner neglects or fails to complete the corrective work or submit the reports ordered by the hearing officer or City Council within the specified time, the Chief Building Official may:

1. Cause the work to be performed or reports to be prepared; or

2. Advise the owner of the need for corrective work and warn him or her that in the absence of such corrective work, subsequent future hazards may occur which could result in an order to excavate the premises.

Nothing in this subsection shall be construed to limit the type of remedy or relief which the Chief Building Official may have under any other provision of law.

H. Costs. Costs incurred by the City to perform any corrective work or prepare reports per Subsection G. above may be charged to the owner. The Chief Building Official may apply to the City Council to cause the costs to be paid and levied as a special assessment against the property and collected in a manner provided for special assessments.

I. Vacation of property. If necessary, the notice and order in Subsection C. or E. of this section shall include the requirement that the property, a portion thereof or adjacent sites be vacated within a specified time, in the interest of public safety, pending the finality of a determination and order or completion of corrective work. The Chief Building Official shall cause the property to be posted at conspicuous locations with a notice containing, at least the following:

UNSAFE TO OCCUPY DO NOT ENTER Building and Safety Division City of Irvine Date Posted: __________

Said posted notice may also contain the date, time and place of the hearing and the name, address and telephone number of the Office of Chief Building Official; and no person shall enter the property except for the purpose of making the required corrections or preparing reports.

J. Service of notices. The notices and order required by Subsections C. and E. of this section may be served either:

1. By mailing a copy to the owner's address as designated on papers, applications or permits on file with the City of Irvine; or

2. By personally delivering a copy to the owner's address as designated on papers, applications or permits on file with the City of Irvine; or

3. If the owner is absent from his or her place of residence and from his or her usual or designated place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a by mail, addressed to the owner or authorized representative at his or her place of residence; or

4. If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there cannot be found, then by affixing a copy in a conspicuous place on the property, building or structure and also delivering a copy to a person there residing, if any, or to the person in charge, if any; and also sending a copy by mail addressed to the owner at the place where the property, building or structure is situated, or to the owner at his or her last-know nor designated address, or both.

(Ord. No. 03-22, § 1, 6-24-03; Ord. No. 19-12, Exh. A, 8-13-19)

A. To obtain a grading permit, the applicant must first file an application in writing on a form furnished by the Chief Building Official. The permit application shall be accompanied by information required by the Chief Building Official and as specified in the Grading Manual. Each application for a grading permit for a construction site required to be covered under the State general construction stormwater permit ("general permit") shall include proof of the filing of a notice of intent with the State Water Resources Board.

B. Applications for a permit for any proposed work for which no permit is issued shall be deemed to have expired 360 days after the date of filing. The Chief Building Official is authorized to grant one extension of time for action by the applicant for a period not exceeding 180 days. The extension shall be requested in writing and justifiable cause demonstrated. When required by State law or City ordinance, extended permit applications shall be amended to comply with pertinent State laws and City ordinances adopted subsequent to the date of application. Plans and other data submitted for review and relating to an expired application may be returned to the applicant or destroyed by the Chief Building Official. In order to renew action for an application after expiration, the applicant shall resubmit plans and pay a new plan check fee.

C. Reserved.

(Ord. No. 03-22, § 1, 6-24-03)

A. Each application for a grading permit shall be accompanied by plans and specifications, and supporting data consisting of soils engineering and engineering geology reports when required by the Chief Building Official, as specified in Section 5-10-120, "Soil engineering, engineering geology and seismicity reports," of this Code.

B. Plans and specifications for earthwork projects of 5,000 cubic yards or more, and/or subdivisions and hillside commercial, industrial and multi-residential projects shall be prepared and signed by a civil engineer, unless otherwise approved by the Chief Building Official. This requirement may be extended to any project when, in the opinion of the Chief Building Official, critical drainage or geologic factors may be involved and there is a need for civil engineering design and control.

(Ord. No. 03-22, § 1, 6-24-03)

Grading plans and specifications shall be prepared in accordance with the grading requirements of Section 5-10-141, "Responsibilities of the responsible professionals," of this Code and of the Grading Manual.

(Ord. No. 03-22, § 1, 6-24-03)

A soil engineering and engineering geology report shall be required for grading projects, unless otherwise waived by the Chief Building Official. A seismicity report shall be required for all residential development and other structures as specified in the Grading Manual. The reports shall include information appropriate for the site, including any information required by the Chief Building Official. Recommendations included in the reports and approved by the Chief Building Official shall be incorporated in the grading plans or specifications.

(Ord. No. 03-22, § 1, 6-24-03)

A. A precise grading permit may not be issued for a project until the zoning conformance review and tentative tract or parcel map are approved unless otherwise approved by the Chief Building Official.

B. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Chief Building Official is authorized to grant, in writing, no more than two extensions of time, for periods not more than 180 days each. Such extensions may require the payment of permit fees based on the remainder of work to be completed. The extension shall be requested in writing and justifiable cause demonstrated.

C. Reserved.

D. A grading permit issued hereunder shall expire upon a change of ownership if the grading work thereon, for which said grading permit was issued, has not been completed, and a new grading permit shall be required for the completion of the work. If the time limitations of B and C of this section are not applicable and if no changes have been made to the plans and specifications last submitted to the City, no fee, except for the permit issuance fee, shall be charged for the issuance of the new grading permit under such circumstances. If, however, changes have been made to the plans and specifications last submitted to the City, additional fees shall be charged to the grading permit applicant in an amount established by resolution of the City Council, which may be amended from time-to-time, for any additional plan checking and inspection.

(Ord. No. 03-22, § 1, 6-24-03)

A. The Chief Building Official shall not issue a grading permit in any case where he or she finds that the work as proposed by the applicant is liable to constitute a hazard to property or result in the deposition of debris on any public or private way or interfere with any existing drainage course. If it can be shown to the satisfaction of the Chief Building Official that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, drainage devices or by other means, the Chief Building Official may issue the permit with the condition that such work be performed.

B. If, in the opinion of the Chief Building Official, the land area for which grading is proposed is subject to geological or flood hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property, the grading permit and the building permits for habitable structures shall be denied.

C. The Chief Building Official may require plans and specifications to be modified in order to mitigate anticipated adverse environmental effects of proposed grading projects. The Chief Building Official may, under circumstances where the significant adverse environmental effects of a proposed grading project cannot be mitigated, deny the issuance of a grading permit.

D. The Chief Building Official may require plans and specifications to be modified in order to make them consistent with the City general plan, specific plans, zoning code, water quality requirements or other rules, regulations or conditions applicable to the project. He or she may deny the grading permit if the proposed project cannot be designed in accordance with such rules, regulations or conditions.

(Ord. No. 03-22, § 1, 6-24-03)

As provided in the provisions set forth in Chapter 2, Division 8 of Title 6 of the Codified Ordinances of the City of Irvine, grading operations may generally be conducted between 7:00 a.m. and 7:00 p.m. Mondays through Fridays, and 9:00 a.m. and 6:00 p.m. on Saturdays. No grading operations shall be conducted on Sundays or federal holidays, unless otherwise approved by the Chief Building Official. Grading operations shall not be conducted between 3:00 p.m. and 9:00 a.m. within the travelway of an arterial highway open for public use, unless otherwise approved by the Chief Building Official.

(Ord. No. 03-22, § 1, 6-24-03)

A. It shall be the responsibility of the permittee to be knowledgeable of the conditions and/or restrictions of the grading permit as outlined in applicable sections of this Code, the Grading Manual, any applicable conditions of approval issued under a subdivision or planning action, and as contained on the approved grading plans and in the approved soil and geology reports. The permittee shall also be responsible to maintain, in an obvious and accessible location on the site, a copy of the grading permit, the grading plans and water quality management plan bearing the stamp of approval by the City.

B. All grading permits, waivers or exemptions issued hereunder shall be deemed to include the provisions that the permittee, the permittee's agents, contractors, and employees, shall carry out the proposed work in accordance with the approved plans and specifications, where such approval is required, and in accordance with any applicable water quality requirements prepared and maintained pursuant to federal, State or County requirements or a City directive, and in compliance with all requirements of the grading permit and this chapter. Failure to carry out the work in accordance with approved plans and specifications, the applicable water quality requirements, and in compliance with all requirements of the grading permit and this chapter shall be a violation of this chapter.

(Ord. No. 03-22, § 1, 6-24-03)

Each adjacent owner is entitled to the lateral and subadjacent support which his or her land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement as provided by law.

(Ord. No. 03-22, § 1, 6-24-03)

Where an excess of 5,000 cubic yards of earth material per project site is moved on public roadways from or to the site of an earth grading operation, all the following requirements shall apply:

A. Either water or dust palliative or both must be applied for the alleviation or prevention of excessive dust resulting from the loading or transportation of earth from, to or within the project site on public roadways. The permittee shall be responsible for maintaining public rights-of-way used for hauling purposes in a condition free of dust, earth or debris attributed to the grading operation.

B. Loading and transportation of earth from or to the site must be accomplished within the limitations established in Section 5-10-123, "Time of grading operations," of this chapter.

C. Access roads to the premises shall be only at points designated on the approved grading plan.

D. The last 50 feet of access road, as it approaches the intersection with the public roadway, shall have a grade not to exceed three percent and be constructed of gravel or equivalent material to prevent mud and debris from dropping from wheels onto street travel lanes. There must be 300 feet clear, unobstructed sight distance to the intersection from both the public roadway and the access road. If the 300 feet sight distance cannot be obtained, flagmen shall be posted.

E. A stop sign conforming to the requirements of the California Vehicle Code shall be posted at the entrance of the access road to the public roadway

F. An advance warning sign must be posted on the public roadway 400 feet on either side of the access intersection, carrying the words "truck crossing." The sign shall be diamond shaped, each side being 30 inches in length, shall have a yellow background, and the letters thereon shall be five inches in height. The sign shall be placed six feet from the edge of the pavement, and the base of the sign shall be five feet above the pavement level. The advance warning sign shall be covered or removed when the access intersection is not in use.

G. If the grading project includes the movement of earth material to or from the site in an amount considered substantial by the Chief Building Official, the permittee shall submit the haul route for review and approval by the Chief Building Official. Special conditions of the grading permit may be imposed which require alternate routes or other measures in consideration of the possible impact on the adjacent community environment or effect on the public right-of-way itself.

(Ord. No. 03-22, § 1, 6-24-03)

A. Plan checking fees. The applicant shall pay a plan checking fee in an amount established by resolution of the City Council, which may be amended from time-to-time.

B. Grading permit and inspection fees. A fee for each grading permit shall be paid to the City in an amount established by resolution of the City Council, which may be amended from time-to-time.

C. Preinspection fee. Prior to issuance of a grading permit, the City may require a grading pre-inspection fee as stated by resolution of the City Council, which may be amended from time-to-time for each site that requires pre-inspection as determined by the Chief Building Official.

D. Reinspection fee. A reinspection fee may be assessed by the Building Official for each inspection when such portion of work for which inspection is called is not complete, for each reinspection when corrections called for on the previous inspection are not made, or when any reinspection is required due to negligence of the permit holder, their agent, or other responsible persons. Where reinspection fees are assessed, additional inspection of the work will not be performed until the required fees have been paid.

E. Violation, penalty. Failure to pay fees and obtain a permit before commencing work shall be deemed a violation of this Code, except when it can be proven to the satisfaction of the Chief Building Official that an emergency existed which made it impractical to first obtain a permit. A violation shall result in an assessment of penalty fees for work done prior to permit issuance. Payment of a penalty fee shall not relieve any person from fully complying with the requirements of this Code nor from any other penalties prescribed herein.

(Ord. No. 03-22, § 1, 6-24-03; Ord. No. 23-13, § 3(Exh. A), 7-11-23)

A. Security required. A grading permit shall not be issued unless the permittee shall first post with the Chief Building Official a bond executed by the owners, and a corporate surety authorized to do business in the State of California as a surety in a form prescribed by the Chief Building Official and approved as to form by the City Attorney. The amount shall be sufficient to cover the cost of construction of drainage and protective devices, any corrective work necessary to remove and eliminate engineering and geological hazards, including those impacting adjoining properties, and/or to correct conditions that pose a threat to adjacent public or private property or environmental resources including, but not limited to, a threat to water quality.

In lieu of a surety bond, the applicant may file a cash bond or, if approved by the City, a letter of credit or certificate of deposit from one or more financial institutions subject to regulation by the State or federal government in an amount equal to that which would be required in the surety bond, and for the purposes as stated above.

The requirement of said security instruments may be waived at the discretion of the Chief Building Official, if he or she determines that:

1. No hazardous situation is likely to occur as a result of incomplete or improper grading; or

2. No adverse effect is likely to occur to subject property, adjacent property or an existing or proposed structure thereon as a result of incomplete or improper grading; or

3. No significant drainage, erosion, flooding or siltation problems will exist as a result incomplete or improper grading; or

4. No adverse geological or environmental impacts will occur as a result of incomplete or improper grading; or

5. No conditions of the grading permit warrant a financial guarantee to assure their satisfactory completion.

B. Blanket bonds. On developments where progressive individual grading projects or several concurrent projects are being constructed by one owner, a continuing (blanket) bond or single letter of credit which will cover all such projects may be accepted and the amount determined by the Chief Building Official.

C. Completion bond. An additional bond in the amount determined by the Chief Building Official may be required to ensure the completion of finish grading under the grading permit as a condition of occupancy and energizing utilities. A bond in an amount determined by the Chief Building Official may be required for grading permits involving temporary earthen stockpiles to ensure their timely removal.

D. Failure to complete work. In the event of failure to comply with all of the conditions and terms of the grading permit, the Chief Building Official may order the work authorized by the grading permit to be completed or put in a safe condition to his or her satisfaction. The surety executing such bond or letter of credit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended in causing any and all such work to be done.

E. Default in performance of conditions. Whenever the Chief Building Official finds or determines that a default has occurred in the performance of any requirement of a condition of a grading permit, or there is a failure to comply with an order issued pursuant to Subsection D of this section, written notice thereof shall be given to the permittee and, when applicable, to the surety on the bond or other security. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the Chief Building Official to be reasonably necessary for the completion.

After receipt of such notice, the permittee and, if applicable, the surety shall, within the time specified, cause or require the work to be performed, or failing therein, shall pay over to the City the estimated cost of doing the work as set forth in the notice. Upon receipt of such monies, the City may cause the required work to be performed and completed. The surety shall pay the City actual costs in excess of the estimate amount plus a mobilization charge.

F. Refunds. Any refunds due to the applicant shall be made in accordance with the established City administrative policy.

G. Term of security. The term of security shall begin upon the date of grading permit issuance and shall remain in effect until the completion of the work to the satisfaction of the Chief Building Official.

(Ord. No. 03-22, § 1, 6-24-03)

A. Cut slopes shall be no steeper than two horizontal to one vertical (2:1) unless otherwise recommended in the soil engineering or engineering geology report and approved by the Chief Building Official. The slope of cut surfaces shall be no steeper than is safe for the intended use.

B. All cuts steeper than that approved by the City pursuant to Subsection A of this section shall be supported by an approved retaining wall.

(Ord. No. 03-22, § 1, 6-24-03)

A. Unless otherwise approved by the Chief Building Official and recommended in the approved soil engineering report, fills shall conform to provisions of the Grading Manual. The provisions therein may be waived for minor fills not intended to support structures upon approval of the Chief Building Official.

B. The Chief Building Official may require that the soil tests or testing be performed by an approved testing laboratory. Fill slopes shall be no steeper than two horizontal to one vertical (2:1) unless otherwise recommended in the soil engineering report and approved by the Chief Building Official. The slope of fill surfaces shall be no steeper than is safe for the intended use.

C. All Fills steeper than that slope approved by the Chief Building Official hereunder shall be supported by an approved retaining wall.

(Ord. No. 03-22, § 1, 6-24-03)

The setbacks and other restrictions specified by provisions of the Grading Manual are minimum and may be increased by the Chief Building Official or by the recommendation of a civil engineer, soil engineer or engineering geologist, if necessary for safety and stability or to prevent damage to structures or adjacent properties from sediment deposition, erosion, water runoff of the slopes or to provide access for slope and drainage structure maintenance. The minimum setback may be reduced only in special circumstances where stability is proven to the satisfaction of the Chief Building Official by the soil engineer or engineering geologist and other factors are of primary importance.

(Ord. No. 03-22, § 1, 6-24-03)

Drainage facilities and terracing shall conform to provisions of the Grading Manual unless otherwise approved by the City and delineated on the approved grading plan.

(Ord. No. 03-22, § 1, 6-24-03)

A. Asphalt concrete pavement for surfacing of parking lots, private streets or other similar use shall conform to provisions of the Grading Manual unless otherwise approved by the Chief Building Official.

B. The site soil engineer or special inspector shall inspect the construction of asphalt paved areas and verify to the Chief Building Official that the work has been performed in compliance with the provisions of this section.

(Ord. No. 03-22, § 1, 6-24-03)

A. Prior to the issuance of grading permits, an erosion and sediment control plan for the proposed development shall be approved by the Chief Building Official. The Chief Building Official may require that grading operations and project designs be modified if delays occur which incur weather-generated problems or other conditions not considered at the time the permit was issued, and further subject to provisions of Section 5-10-122, "Denial of grading permit," of this chapter.

B. The faces of cut and fill slopes shall be prepared and maintained to control against erosion. This control may consist of effective planting. The protection for the slopes shall be installed as soon as practicable and prior to calling for final approval.

C. Temporary, semi-permanent, and/or permanent erosion and sediment control devices such as desilting basins, gravel bags, check dams, cribbing, riprap or other devices or methods, as required by the approved erosion and sediment control plan, shall be fully implemented.

D. Paved streets, sidewalks and other improvements shall be maintained in a neat and clean condition free of loose soil, construction debris and trash. Street sweeping or other equally effective means shall be used on a regular basis to prevent wind, vehicle tracking or storm flows from carrying sediment and debris outside the project boundaries. Watering to clean streets is prohibited.

E. Unless otherwise approved by the Chief Building Official, the owner shall be required to retain a civil engineer who will be responsible for inspecting the erosion and sediment control systems, and for the initial approval of installation of permanent and semi-permanent erosion and sediment control devices during each rainy season until the work authorized by the grading permit is given final approval. The owner shall retain the civil engineer to periodically review the field conditions and modify, as needed to ensure effectiveness, the erosion and sediment control plan during the rainy season. Installation and maintenance of all erosion and sediment control devices shall be the responsibility of the owner. The civil engineer or other qualified individual who prepared the grading plan and the erosion and sediment control plan shall be responsible for inspection and any necessary plan revisions during the rainy season.

F. Desilting facilities shall be provided at drainage outlets from the graded site.

G. Desilting basins shall be designed to provide a minimum desilting capacity equal to the current City of Irvine standards.

H. Desilting basins shall be constructed around the perimeter of projects whenever feasible when it provides improved maintenance access from paved roads during wet weather.

I. Desilting basins constructed of compacted earth shall be compacted to a relative compaction of 90 percent of maximum density. A soil engineering report, prepared by the soil engineer, which includes the type of field testing performed, location and results of testing shall be submitted to the Chief Building Official for approval upon completion of the desilting basins.

J. Disturbed site areas that are not complete and that are not being actively graded shall be fully protected from erosion with appropriate best management practices (BMPs) deployed. Materials needed to install standby erosion and sediment control BMPs sufficient to completely protect other exposed portions of the site from erosion and to prevent sediment discharges shall be stored on site and shall be deployed prior to a storm event.

K. Pursuant to the Statewide general construction permit, there shall be a "rain event" action plan and the ability to deploy standby erosion and sediment control BMPs as needed to completely protect the exposed portion of the site within 48 hours of a predicted storm event (a predicted storm event is defined as a forecasted, 50 percent chance of rain).

L. Erosion protection shall include effective planting of all slopes in excess of five feet high unless otherwise approved by the Chief Building Official. Slopes exceeding 15 feet high may require an adequate irrigation system, as determined by the Chief Building Official. Protection for the slopes shall be installed as soon as practicable, which may be prior to rough grade approval. Effective planting shall be installed, fully germinated and effectively cover the required slopes prior to final approval unless otherwise approved by the Chief Building Official.

M. The erosion and sediment control provisions shall take into account drainage patterns during the current and future phases of grading.

N. Graded areas around the tract perimeter must drain away from the face of slopes at the conclusion of each working day.

O. In addition to the requirements specified above, the permittee shall perform all work in accordance with the water quality requirements.

P. Any violation of an applicable federal or State-issued stormwater permit, or failure to conform to the City's water quality requirements prepared pursuant to such a permit or pursuant to this chapter or to Title 6, Division 8, Chapter 3, or failure to comply with stormwater related provisions of a City-issued grading permit or grading plan prepared to secure such a permit, is also a violation of this chapter.

(Ord. No. 03-22, § 1, 6-24-03)

A. After each rainstorm, silt and debris shall be removed from check berms and desilting basins and the basins pumped dry following approved best management practices for stormwater disposal and State discharge requirements.

B. After each rainstorm, the performance of the erosion and sediment control system shall be evaluated and repaired as necessary. If the design is found to be ineffective, the erosion and sediment control plan shall be revised by the civil engineer responsible for the design and approved by the Chief Building Official.

C. The contractor shall be responsible for and shall take necessary precautions to prevent public trespass onto areas where impounded water creates a hazardous condition.

D. The contractor and permittee or project owner shall be responsible for continual maintenance of all erosion and sediment control devices as required by the erosion and sediment control plan. In the event of failure or refusal by the contractor, permittee or project owner to properly maintain the devices, the Chief Building Official may cause emergency maintenance work to be done to protect adjacent private and public property and environmental resources. The cost shall be charged to the owner and shall include an initial mobilization cost plus the cost of doing the work.

E. In the event the Chief Building Official must cause emergency maintenance to be done, he or she may revoke the grading permit in writing. The grading permit shall not be renewed until an erosion control system and/or other systems necessary to comply with water quality requirements approved by the Chief Building Official are installed and any penalty fee has been paid by the owner.

F. If any grading subject to Section 5-10-107, "Grading permit exemptions," of this Code has commenced on private property without a valid grading permit, the property owner may be required to prepare and implement an erosion and sediment control plan as well as other plans required under the water quality requirements which have been approved by the Chief Building Official. In the event of failure by the property owner to install an approved erosion and sediment control system and/or other systems necessary to comply with water quality requirements, the Chief Building Official may cause emergency work to be done to protect adjacent private and public property. The procedures of Section 5-10-114, "Hazardous conditions," of this Code need not apply for emergency erosion control work and emergency work necessary to protect environmental resources. The cost shall be charged to the owner in accordance with Subsection E of this section.

(Ord. No. 03-22, § 1, 6-24-03)

A. Resource conservation plans. For all lands used for agricultural production within the City of Irvine, the property owner shall cause to be prepared a resource conservation plan, utilizing best management practices for the prevention of erosion and sediment discharges.

B. Implementation of resource conservation plans. The resource conservation plans to be prepared for best management practices implementation are to be prioritized with those areas of high erosion hazard receiving top priority. Resource conservation plans for agricultural areas shall be submitted for review and filing by the property owner to the City, County of Orange and the Santa Ana Regional Water Quality Control Board.

(Ord. No. 03-22, § 1, 6-24-03)

All grading operations for which a permit is required shall be subject to inspection by the Chief Building Official.

(Ord. No. 03-22, § 1, 6-24-03)

A. It shall be the responsibility of the civil engineer, architect or other qualified individual who prepares the grading plan approved by the Chief Building Official to incorporate all recommendations from the soil engineering and engineering geology reports into the grading plan. Civil engineer, architect, or other qualified individual shall also be responsible for the professional inspection and approval of the grading within that person's area of technical specialty. This responsibility shall include, but need not be limited to, inspection and approval as to the establishment of line, grade and drainage of the development area. The project civil engineer and/or general contractor shall act as the coordinating agent in the event the need arises for liaison between the project professional, grading contractor, and the Chief Building Official. The civil engineer or other qualified person who prepares and signs the grading plan shall also be responsible for the preparation of revised plans, revised erosion and sediment control plans, and the submission of as-graded grading plans when required by the Chief Building Official upon completion of the work.

B. Soil engineering and engineering geology reports shall be required as specified in Section 5-10-120, "Soil engineering, engineering geology and seismicity reports," of this Code. During grading, all necessary reports, compaction data, soil engineering and engineering geology recommendations shall be submitted to the owner by the soil engineer and engineering geologist. The owner shall submit copies of the report to the civil engineer and two copies of all reports to the Chief Building Official or his or her authorized representative.

C. The soil engineer's area of responsibility shall include, but need not be limited to, the professional inspection and approval concerning this preparation of ground to receive fills, testing for required compaction, stability of all finish slopes, design of buttress fills, subdrain installation and incorporation of data supplied by the engineering geologist.

D. The engineering geologist's area of responsibility shall include, but need not be limited to, professional inspection and written approval of the adequacy of natural ground for receiving fills, the stability of cut slopes with respect to geological matters, and the need for subdrains or other groundwater drainage devices. He or she shall report his or her finding to the soil engineer and the civil engineer for engineering analysis.

E. The Chief Building Official may inspect the project at the various stages of work requiring approval and at any intervals necessary to determine that adequate control is being exercised by the professional consultants.

F. When preliminary soil engineering reports are not required by the Chief Building Official, the Chief Building Official may require inspection and testing by an approved testing agency. The testing agency's responsibility shall include, but need not be limited to, approval of cleared areas and benches to receive fill, and the compaction of fills.

G. The Chief Building Official shall not issue any grading permit, waiver, or exemption pursuant to this chapter unless he or she finds that the work authorized by the grading permit, waiver or exemption complies with applicable water quality requirements.

(Ord. No. 03-22, § 1, 6-24-03)

If, in the course of fulfilling their responsibility under this Code, the civil engineer, the soil engineer, the engineering geologist, or the testing agency finds that the work is not being done in conformance with the provisions of the approved specifications and grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the Chief Building Official. Recommendations for corrective measures, if necessary, shall be submitted to the owner. The owner shall submit two copies of all recommendations and reports to the inspection division.

(Ord. No. 03-22, § 1, 6-24-03)

If the civil engineer, the soil engineer, the engineering geologist, the testing agency, or the grading contractor of record is changed during the course of the work, the work shall be stopped unless:

A. The owner submits a letter of notification verifying the change of the responsible professional; and

B. The new responsible professional submits in writing that such person has reviewed all prior reports and/or plans (specified by date and title) and work performed by the prior responsible professional and the professional concurs with the findings, conclusions and recommendations, and is satisfied with the work performed.

The professional person may modify or revise recommendations, specifications or work performed if accompanied by supporting data and approved by the Chief Building Official. The new responsible professional must state that the professional assumes all responsibility within its purview as of a specified date. All exceptions must be justified to the satisfaction of the Chief Building Official.

Exception: Where clearly indicated that the firm, not the individual engineer and/or geologist, is the contracting party, the designated engineer or geologist may be reassigned and another engineer and/or geologist within the firm may assume responsibility.

(Ord. No. 03-22, § 1, 6-24-03)

A. Prior to the approval of any building or grading plans and specifications, the Chief Building Official may inspect the site to determine that the plans and specifications are current and reflect existing conditions.

B. The permittee or his or her agent shall notify the City inspector when the grading operations specified in the grading manual are ready for inspection.

C. If the City inspector finds the soil or other conditions not as stated in the approved plans and soil or geology reports or as in additional information which was required for issuance of the grading permit, the inspector may, using reasonable judgment, refuse to allow further work until approval is obtained for a revised grading plan which will conform to the conditions.

D. The provisions of Chapter 1, Division II of the California Building Code as adopted and amended by City ordinance relating to "stop work orders," shall apply to all grading work; and whenever the Chief Building Official determines that any work does not comply with the terms of a grading permit, or this Code, or that the soil or other conditions are not as stated on the grading permit, he or she may order the work stopped by notice in writing served on any persons engaged in doing or causing of such work to be done; and any such persons shall forthwith stop such work until authorized to resume by the Chief Building Official.

E. Prior to the issuance of building permits for a graded site, the rough grading shall be completed in accordance with provisions of the Grading Manual and to the satisfaction of the responsible civil engineer, or architect, engineering geologist, soil engineer and the Chief Building Official.

F. Whenever any work on which inspections are required is covered or concealed by additional work without first having been inspected, the Chief Building Official may require by written notice that such work be exposed for examination. The work of exposing and recovering shall not entail or be subject to expense by the City of Irvine.

(Ord. No. 03-22, § 1, 6-24-03)

The Chief Building Official may establish special inspection requirements in accordance with the Building Code Regulations of the City of Irvine for special cases involving grading or paving-related operations. Special cases may apply to work where in the opinion of the Chief Building Official it is necessary to supplement the resources or expertise available for inspection.

(Ord. No. 03-22, § 1, 6-24-03)

Upon completion of the rough grading work and at the final completion of the work, the Chief Building Official may require the written approvals, reports, drawings and supplements thereto as specified in the Grading Manual.

(Ord. No. 03-22, § 1, 6-24-03)

The permittee or his or her agent shall notify inspection services when the grading operation is ready for final inspection. All work, including installation of all drainage facilities and their protective devices and all erosion and sediment control measures, must be completed in accordance with the final approved grading plan and the required reports approved by the Chief Building Official before final approval of the grading permit is given by the Chief Building Official. He or she may approve the grading work prior to completion of all work in special cases of extreme hardship and if no hazard exists and an adequate bond is posted to assure completion of all remaining work.

(Ord. No. 03-22, § 1, 6-24-03)