Ord 705ORDINANCE NO. 705
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA,
AMENDING TITLE 16 OF THE POWAY MUNICIPAL CODE,
SECTIONS 16.41.115, 16.41.410, 16.41.580, 16.41.650, 16.41.800, 16.42.010,
16.42.040, 16.43.050, 16.46.010, 16.46.030, 16.46.040, 16.46.080, 16.48.010,
16.48.040, 16.50.050, 16.50.100, 16.50.150, 16.50.160, 16.50.170, 16.50.230,
16.52.020, 16.52.050, 16.52.110, 16.52.120, and 16.52.130 OF THE POWAY
MUNICIPAL RELATING TO EXCAVATION AND GRADING
WHEREAS, Title 16 of the Poway Municipal Code is known as the Subdivision
Ordinance. It contains provisions to regulate the division of land within the City and for
the preservation of the public health, safety and general welfare, to promote orderly
growth and development and to promote open space, conservation, protection, and
proper use of land and to ensure provision for adequate traffic circulation, utilities and
services; and
WHEREAS, Sections 16.41.115, 16.41.410, 16.41.580, 16.41.650, 16.41.800,
16.42.010, 16.42.040, 16.43.050, 16.46.010, 16.46.030, 16.46.040, 16.46.080,
16.48.010, 16.48.040, 16.50.050, 16.50.100, 16.50.150, 16.50.160, 16.50.170,
16.50.230, 16.52.020, 16.52.050, 16.52.110, 16.52.120, and 16.52.130 require
amendments to conform to current policies and practices, and to conform to the current
Poway Municipal Code Relating to Excavation and Grading; and
WHEREAS, the City Council finds that this amendment is consistent with the
General Plan. and
WHEREAS, the proposed amendments will provide greater clarity in the
application of the Subdivision Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1: The City Council finds that the adoption of this Ordinance is exempt from
the requirements of the California Environmental Quality Act (CEQA) pursuant to the
CEQA Guidelines Section 15061(b)(3) because it pertains to minor changes to Title 16
that only provide clarification and there is no possibility this will have a significant effect
on the environment.
Section 2: The following Sections of Title 16, of the Poway Municipal Code are
amended to read as follows:
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16.41.115 City Building Code.
"City Building Code" means the California Building Code and the International
Building Code, as adopted by the City in accordance with Section 15.04.010 of the
Poway Municipal Code.
16.41.410 Grading.
"Grading" means any process of excavation or filling, including paving over exposed
ground surface, or combination thereof. (Ord. 345, 1991)
16.41.580 Precise grading.
"Precise grading means grading that is based on approved plans which show the
precise locations of structures, finished elevations, drainage details and all on -site
improvements on a given property, including concrete or bituminous pavement
surfacing on natural or existing grade in excess of 10,000 square feet for any
commercial, industrial, multiresidential, or other parking lot. (Ord. 655 § 3, 2007; Ord.
345, 1991)
16.41.650 Rough grading.
"Rough grading" means grading that is based on approved plans which show
finished elevations, interim building pad elevations and drainage to the degree required
by the City Engineer. (Ord. 345, 1991)
16.41.800 Uniform Administrative Code.
"Uniform Administrative Code" means the latest version of the Uniform
Administrative Code as adopted by the City in accordance with Section 15.02.010 of the
Poway Municipal Code.
16.42.010 Permits required — Exceptions.
No person shall conduct any grading, excavation, earth moving, filling, clearing,
brushing, or grubbing on natural or existing grade, or perform work that is preparatory to
grading, without first having obtained a valid grading permit, stockpile permit, or
administrative clearing permit in accordance with this division, except for the following:
A. An excavation below finished grade for recompaction within the building zone
(within five feet of footings) or for basements and footings for a building, mobile home,
retaining wall, septic system, well, or structure authorized by a valid building permit.
This shall not exempt any fill made with the material from such excavation or exempt
any excavation having an unsupported height greater than two feet after the completion
of such structure. This shall not prohibit a minimum -fee grading permit or soils or
geologic report from being required for foundation design and inspection purposes
when, in the opinion of the City Engineer, stability considerations warrant such
inspection;
B. Cemetery graves;
C. Refuse disposal sites controlled by other regulations or agencies;
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D. Earthwork or construction controlled by the Federal, State, County, or City
governments, or by a local agency as defined by Government Code Sections 53090
through 53095 (special districts) including the Poway Redevelopment Agency or
pipeline or conduit excavation and backfill conducted by local agencies. 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;
E. Excavation and backfill for installation of underground utilities by public utilities or
companies operating under the authority of a franchise or public property right -of -way
permit;
F. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel,
aggregate or clay for commercial purposes, where established and provided for by a
valid conditional use permit, provided such operations do not affect the lateral support
or increase the stresses in or pressures upon any adjacent or contiguous property, or
alter the orientation of or contribute excessive sedimentation to natural watercourses
which may result in adverse changes on adjoining property;
G. Exploratory excavations under the direction of civil engineers, soils engineers,
engineering geologists, and /or archaeologists or paleontologists, or pursuant to a well
permit, provided all excavations are properly backfilled or otherwise restored. When
such work involves removal of any native vegetation, it must be accompanied by an
administrative clearing permit. Any access roadways or pads constructed for this work
shall only be constructed as approved in the administrative clearing permit and shall be
restored as required in the permit;
H. An excavation less than two feet in vertical depth which does not create a cut
slope greater than two feet in vertical height and steeper than two horizontal to one
vertical (2:1) which does not exceed 50 cubic yards on any one site and does not
adversely affect the stability of any existing slopes or alter drainage conditions;
I. A fill less than two feet in depth, placed on natural grade with a slope flatter than
five horizontal to one vertical (5:1), which does not exceed 50 cubic yards on any one
lot and does not obstruct a drainage course;
J. Excavation or fill on a developed parcel of land that is done for the purposes of
minor landscaping improvements or recreational purposes and which:
1. Is a minimum of 10 feet away from any structures and three feet from any
property line, unless entirely contained by a retaining wall;
2. Does not exceed 250 cubic yards of total excavation and fill;
3. Does not exceed three vertical feet in depth;
4. Does not create a cut or fill slope greater than five feet in height nor a
slope steeper than three horizontal to one vertical (3:1);
5. Does not divert, concentrate or otherwise alter surface or subsurface
drainage as it leaves or enters adjacent properties;
6. Is not undertaken within any open space, utility, access or other
easement; and
7. Is not in an area where any structure is planned, including patios,
swimming pools and accessory structures;
K. Clearing and brushing when directed by the Fire Chief to mitigate a potential fire
hazard in accordance with Chapter 8.76 PMC, with the concurrence of the Director of
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Development Services that such clearing and brushing will not cause significant
damage to any rare, endangered or protected species of plant or wildlife, or cause any
significant damage to any habitat of any rare, endangered or protected species of
wildlife, or endanger any archaeological or historical resources, open space areas with
biological significance, or transition areas between land to be cleared for fire -fuel
mitigation and permanent open space;
L. Clearing and brushing, expressly for the following purposes, with the
concurrence of the Director of Public Works:
1. Routine landscaping and maintenance of already landscaped areas, and
the removal of dead or diseased trees or shrubs;
2. Clearing which conforms to the location, extent and purpose authorized
explicitly by a construction permit pursuant to a discretionary land use permit or a
discretionary development permit. An administrative permit shall be required for any
purpose which is not specifically addressed by the construction permit;
3. Clearing of sites of 10,000 square feet or less which are not part of a
larger parcel owned by the same person, persons or entity;
4. Clearing for agricultural purposes on land which has been legitimately
used for agricultural purposes within five years immediately prior to institution of the
clearing operation. This exemption shall not apply to those portions of any property
which contain natural vegetation which has been in existence for more than five years.
The owner shall supply written proof or other evidence satisfactory to the Director of
Development Services that the property has previously been used for agricultural
purposes within the past five years prior to commencement of clearing;
M. Paving over an exposed ground surface less than 5,000 square feet in size and
the subgrade preparation necessary for that work, provided no grading beyond the limits
of other exemptions is performed;
N. Minor maintenance and alterations to natural drainage areas that do not:
1. Obstruct drainage from adjacent properties;
2. Divert the outflow of drainage from the natural discharge point of the
property;
3. Unduly concentrate or accelerate the flow of drainage as it leaves the
property;
4. Create ponding, siltation or erosion in or of the streambed; nor
5. Disturb wetlands.
Note: The above - listed exemptions do not apply to clearing, grubbing, brushing
or grading when:
a. Work will occur in, or physically impact, designated or dedicated
open space or environmentally sensitive areas designated in the general plan or shown
on any approved specific plan;
b. Work will occur in any waterway or wetland, stream, river, channel,
pond, lake, marsh, bog, lagoon, vernal pool, or riparian habitat, except as provided in
subsection N of this section;
C. Work will occur in any floodway or floodplain as shown on the
Federal Emergency Management Agency Floodplain Maps, or on City revised maps,
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except as provided in subsection N of this section. (Ord. 655 § 3, 2007; Ord. 518, 1999;
Ord. 345, 1991)
16.42.040 Types of grading permits.
A. A permit for rough or precise grading may be issued for grading work, as defined
in this chapter, upon completion of a proper application, submittal of other required data,
and review and approval of grading plans by the City Engineer.
B. Stockpile Permit. A stockpile permit may be issued for the temporary stockpiling
of materials, provided the materials shall be removed from the stockpile site, or
compacted and worked thereon under a subsequently issued rough or precise grading
permit within two weeks, or a timeframe specified by the City Engineer, of the issuance
of the stockpile permit; and, provided further, that the stockpile material is graded and
placed such that unreasonable erosion will not occur. Erosion control plans are required
for every submittal of a stockpile permit application. Erosion control devices designed by
the Engineer of Work shall be installed promptly at the commencement of stockpiling. A
stockpile permit and a stockpile plan prepared by a civil engineer along with an
engineer's cost estimate, minimum administrative and inspection fees, and a cash
deposit shall be required by the City Engineer to ensure proper erosion control and
cleanup and removal of stockpile.
In no case shall a stockpile permit application be accepted by the City prior to City
Council or written staff approval of a project on the site, including environmental review
by the Development Services Department, and submittal of a complete grading
application including plans, soils report, engineer's cost estimate, fees and application.
C. Administrative Clearing Permit. No person shall commence any clearing and
grubbing operation without first receiving a grading, stockpiling or an administrative
clearing permit from the City Engineer. An administrative clearing permit shall not be
issued until all of the following have occurred to the satisfaction of the City Engineer
after review by the Director of Development Services:
1. For development - related clearing, where the proposed clearing and
grubbing is in anticipation of, or pursuant to, development of the affected property, the
following shall be accomplished:
a. All applicable discretionary approvals for development of the land
shall have been issued;
b. All required environmental mitigation measures shall have been
implemented;
C. All applicable fees and deposits shall have been paid;
d. A satisfactory clearing plan shall have been approved; and
e. An erosion control plan shall have been approved and cash
security posted to assure implementation.
Any clearing done pursuant to this section shall conform to the location, extent
and purpose authorized explicitly by the applicable approvals for development of land.
2. For nondevelopment clearing, in all other instances where development is
not anticipated, the following shall be accomplished:
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a. A satisfactory clearing plan showing the location of existing natural
vegetation, locations of all existing buildings or structures on the property and the
specific area to be cleared shall have been approved;
b. Photographs of the site and surrounding properties which clearly
indicate existing conditions and vegetation shall have been submitted;
C. A biological report or other documentation which indicates the
quantity and quality of existing vegetation as potentially suitable habitat for sensitive
species, and any potential impacts on the suitability of remaining habitat on -site and
adjacent properties shall be submitted and approved by the Director of Development
Services (on disturbed sites, this report may be required to recommend revegetation
with native plants);
d. All required environmental mitigation measures shall have been
implemented;
e. An erosion control plan shall have been approved and cash
security posted to assure implementation; and
f. An archaeological resources report which indicates the location of
sensitive resources, as determined by a qualified archaeologist or paleontologist, shall
have been submitted and approved. (Ord. 655 § 3, 2007; Ord. 518, 1999; Ord. 345,
1991)
16.43.050 Application — Permit expiration and extension.
A. Permit applications, for which a valid permit has not been issued, shall expire
automatically 180 days after receipt of the application by the City, after which time the
application and plans shall be deemed as expired and invalid. The City Engineer may
extend the expiration of the application up to one year after receipt of the application.
B. Every duly issued permit shall be valid for a period of one year from the date of
issuance, and all work covered in the permit shall be completed within that period,
except as specified in this section.
C. The City Engineer may specify longer periods of time, up to two years, with
discretionary authority to allow additional extensions if the scope of the work dictates
such time period or any action by the City or litigation causes a delay in proceeding.
D. If the work authorized by the permit is not completed within the allowed permit
period, the City Engineer, upon written request from the permittee submitted prior to the
expiration of the allowed period, may extend the permit for a period or periods
reasonably necessary to complete the work, provided the applicant diligently pursues
the permitted work.
E. Every permit issued shall expire by limitation and shall become null and void,
unless an extension is approved by the City Engineer, if the work authorized by the
permit is not commenced and diligently pursued within 90 days from the date of permit
issuance, or if, after work is commenced, the work is terminated, stopped, suspended or
abandoned for a period of 180 days. The applicant must request the extension prior to
expiration of the permit.
F. Upon written request from the permittee, submitted prior to the expiration of the
90 -day period in which work was to commence, the City Engineer may extend the
period in which the permittee must start work, provided the permittee demonstrates to
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his satisfaction that circumstances beyond the permittee's control prevented
commencement of the approved work.
G. As a condition of the extension of any time period, the City Engineer may require
the payment of additional permit, plan checking, inspection, and /or soils review fees
required to cover the administration of the extensions and /or increased costs to the City
and to bring the project into conformance with any fee schedule, as established by City
Council resolution from time to time, in effect at the time of extension.
H. The City Engineer may require the amendment or change of approved plans for
any of the following reasons:
1. Extension or renewal of the permit;
2. Changes have been made in the actual work which is not reflected on the
approved plans;
3. Change of the scope or quantity of work;
4. Construction, traffic, drainage, soil, geologic, public safety, or
environmental problems not considered, known or evident at the time of permit issuance
or plan approval.
I. For the purpose of this section, "diligently pursued" work shall be work of such
magnitude, frequency or complexity so as to require the regular services of the
permittee's soils engineer and /or civil engineer, or other professionals, and which is
inspected at regular intervals by the City.
16.46.010 Plan checking fees.
Before accepting an application and a set of plans and specifications for review, the
City Engineer shall collect a plan checking fee, or cash deposit. Separate permits and
fees may apply to retaining walls or major drainage structures, as indicated elsewhere
in the City Code. The plan checking fees for plans shall be as set forth by Council
resolution.
16.46.030 Permit fees.
A fee for each permit application shall be paid to the City Engineer as set forth by
resolution of the City Council. (Ord. 345, 1991)
16.46.040 Inspection fees.
Prior to the issuance of a permit, there shall be paid to the City Engineer a fee, or
cash deposit, to cover the City's expenses, costs, and overhead for field inspection,
office engineering and planning, review of proposed construction changes and record
drawings, and administration of the work performed. The amount of the inspection fee,
or cash deposit, shall be as set forth by Council resolution. (Ord. 345, 1991)
16.46.080 Security required.
A. No permit shall be issued pursuant to this division unless the applicant shall first
post a security with the City comprised of a cash deposit or a combination cash deposit
and a corporate surety bond of a surety authorized to do business in the State,
instrument of credit or other security pledge in the performance of the permitted work,
agreeing such funds are trust funds for the purposes of satisfying the cost of correcting
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any deficiency or any hazard or injury created by the work or its lack of maintenance. An
irrevocable standby letter of credit issued by a financial institution subject to regulation
by the State or Federal government may be posted in lieu of the surety bond, instrument
of credit or other security.
B. The total security shall be in the form approved by the City Attorney. The
engineer's cost estimate shall be calculated using the City's adopted unit costs. The
total amount of the security shall be equal to 30 percent of the estimated cost of the
grading work authorized by the permit, plus an additional sum equal to 100 percent of
the estimated cost of the construction of retaining walls and drainage structures or
facilities, including standard terrace drains, slope planting, erosion control facilities, and
similar facilities authorized by the permit. The estimated cost of the work shall be
determined by the City Engineer after reviewing the Civil Engineer's estimates. If the
City Engineer determines that the size, complexity and scope of the work does not
justify the full amount of the security, he may waive all or part of the amount to the
extent that there is no hazard or danger.
C. The cash deposit shall be equal to 20 percent of the total security required with a
maximum of $40,000. In no instance shall the cash deposit be less than $2,000. This
cash deposit shall be used by the City at its sole discretion to satisfy the cost of
correcting any deficiency, hazard, or injury created by the work in violation of the terms
and conditions of the permit and in violation of the provisions of this code or any other
applicable law or ordinance; or for the maintenance, cleanup or repair of any public or
private property, street or easement, or for the maintenance, upkeep or installation of
debris basins, erosion control devices, etc. Use of the cash deposit or a portion thereof
shall in no way limit or release the obligation of the permittee or surety to satisfy the cost
of correcting any deficiency, hazard or injury created by the work, or to maintain same in
a safe condition. If the amount of the cash deposit is insufficient to satisfy the said cost
in full, the surety shall be liable to satisfy the City in causing any and all such work to be
done. In the case of a cash deposit, any unused portion thereof shall be refunded to the
permittee. (Ord. 345, 1991)
D. The permittee may elect to substitute cash instead of bonds for the remaining
security.
16.48.010 Grading permit application.
A. Grading permit applications shall be provided by the applicant in a form approved
by the City Engineer.
B. A separate application, with plans, specifications and other supplemental data,
shall be required for each grading permit. The application shall be signed by the owner
or designated agent of the property to be graded.
C. A complete grading permit application shall be submitted for City review and
approval along with the following items, completed and signed by the applicant or his
representatives, unless otherwise waived or specified by the City Engineer or this code:
1. Transmittal letter;
2. Completed application form;
3. Grading plan including erosion control plans (six sets of prints);
4. Preliminary soilslengineering geologic investigation reports (three sets);
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5. Hydrology and hydraulic report (three sets);
6. City conditions of approval (three sets);
7. Preliminary title report (three sets);
8. Initial grading plan check fees, initial and final soils review fees, and
administrative fees as established by City Council resolution from time to time;
9. Letters of permission from the owners of any adjacent properties that are
proposed to be graded on; and
10. Haul route for import or export of excess material, including source of
borrow material or disposal site. (Ord. 683 § 64, 2008; Ord. 345, 1991)
11. Water Quality Technical Report for projects subject to SUSMP
requirements.
16.48.040 Revegetation.
A. Revegetation shall be required for, but not limited to, all graded slopes, and for all
graded areas determined by the City Engineer to be susceptible to erosion, within all
residential, commercial and industrial development, subdivisions, lot divisions,
condominium projects, planned developments, borrow areas, disposal areas, and other
graded areas, unless such requirement is waived or amended by the City Engineer or
City Landscape Architect in writing.
B. Revegetation shall consist of, at a minimum, hydroseeding with a native and /or
naturalizing seed mix with provisions for temporary watering to provide for adequate
ground cover and root growth to resist erosion of the soil.
C. The planting and irrigation shown on the plan shall conform to the City's adopted
Guide to Landscape Requirements (latest edition) and accepted industry standards with
special consideration for soil conditions encountered within the project area.
Extraordinary effort shall be made to develop water conservation programs throughout
the planting, irrigation, and maintenance plans and specifications. (Ord. 345, 1991)
16.50.050 Fills — Compaction.
A. All fills shall be compacted to a minimum of 90 percent of maximum density as
determined by ASTM D1557 -78 (five layer test). Field density tests shall be performed
in accordance with ASTM D1556 -78, or equivalent, as approved by the City Engineer.
At least 25 percent of the total tests shall be by ASTM D1556 -78 to verify the accuracy
of the equivalent method. All such tests shall be reasonably uniformly distributed within
the fill or fill slope surface so that the representative results are obtained.
B. Locations of field density tests shall be determined by the engineer or approved
testing agency, but shall be sufficient in both horizontal and vertical placement to
provide representative testing of all fill placed.
C. Supplemental testing shall be done in areas of a critical nature or where special
emphasis has been placed by the Soils Engineer or geologist. This supplemental testing
shall be in addition to a traditional network of representative sampling. Where very high
potential expansion characteristics exist, as defined in the City Building Code, lesser
compaction may be granted by the City Engineer upon justification and
recommendation by the Soils Engineer in relation to foundation design.
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D. Sufficient maximum density determinations by test method ASTM 1557 -78 shall
be performed during the grading operations to verify that the maximum density curves
used are representative of the material placed throughout the fill. (Ord. 345, 1991)
16.50.100 Setbacks — Location.
The tops and toes of slopes shall be set back from the outer boundaries of the
permit area, including slope rights areas and easements, and from structures, in
accordance with the latest adopted version of the City Building Code. Lot lines shall be
located at the top of slopes, including berms, wherever practicable. (Ord. 345, 1991)
16.50.150 Pad grading.
Stormwater runoff from lots or adjacent properties shall not be carried over cut or fill
slopes steeper than five to one (5:1). Such runoff shall be provided for as follows:
A. Whenever practicable, each lot shall be graded so that stormwater will drain from
the back yard through the side yard and front yard with a grade of one percent minimum
directly to an abutting street or approved drainage facility, without flowing across other
lots or cut - and -fill slopes. Pads shall be rough graded to a minimum slope of one and
one -half percent to ensure that finished grading provides one percent minimum slope on
swales. Where the velocity of the flow is found to be erosive, an improved drainage
device shall be required.
B. When the above is not possible, as determined by the City Engineer, stormwater
shall be collected along the top of banks or at the rear of the graded lots by means of
improved gutters, interceptor drains five feet from the structure, or in area drains, and
carried to properly sized outfalls or devices which shall not be allowed to drain across
the surface of sidewalks.
C. Area drains shall be sized by engineer's hydraulic calculations and in every case
shall be a minimum of four inches in diameter and constructed of solid -wall pipe (not
corrugated). Minimum slope shall be one -half percent and cleanouts shall be provided
every 100 feet and at angle points and junctions in the system. An alternative overflow
shall be designed and constructed to ensure the safety of the structure and adjacent
properties in the event of drain blockage.
D. All foundations shall be designed and installed to produce a finished floor
elevation a minimum of six inches above surrounding grade.
E. 1. No landscape area shall allow ponding of water within five feet of any
structure. Irrigation and rain runoff shall not be designed to overflow sidewalks or patio
areas.
2. Catchbasins and area drains shall be installed in all landscape areas
adjacent to structures and bounded by hardscape areas within five feet of the structure.
Catchbasins in these areas shall be provided at a minimum of every 10 feet measured
longitudinally along the face of the structure.
F. Finished grading shall slope away from the perimeter of the building toward the
pad swale (that goes around the building) at a slope of two percent for a minimum of
five feet. This requirement shall also apply to all flatwork and landscaped areas adjacent
to the structure.
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G. The discharge from any downdrain, ditch or pipe shall be controlled so as to
prevent the erosion of the adjacent grounds, and installed a minimum of five feet
beyond any structure of top or toe of slope. Velocities shall be reduced by means of
adequately sized aprons of rock, grouted riprap, or box -type energy dissipaters. Riprap
sizing shall be designed based upon flow velocities and riprap shall be placed in a
manner so as not to create other erosion problems and in conformance with standard
specifications.
H. Surface drainage shall not be carried across a lot or parcel within three feet of a
structure without the use of an approved drainage structure.
I. Roof gutters shall not be tied into sanitary sewer systems. (Ord. 345, 1991)
16.50.160 Retaining walls.
A. Retaining walls may be specified by referencing a current City- adopted standard
design with clear notation on the plans of specific wall heights, dimensions,
reinforcement options, exceptions, and modifications. All exceptions and modifications
must be justified by the Engineer of Work to the satisfaction of the City Engineer.
B. Any special retaining wall designs must be performed by a registered structural
engineer or a registered Civil Engineer competent in structural calculations. Complete
structural calculations must be provided to the City for review and approval. The City
Engineer may require special inspections in accordance with Section 16.52.110 of the
Poway Municipal Code.
C. Cross - sectional views of all retaining walls must be provided on the grading plan.
D. All retaining walls shall include an engineered foundation drain system
consisting, at a minimum, of the following:
1. A minimum four -inch diameter, solid -wall pipe with perforations, at a
minimum slope of one percent, encased in approved filter rock, wrapped in an approved
geotextile fabric; or
2. A prefabricated drainage system equal to Miradrain 6000 with perforated
solid -wall pipe; and
3. Where determined necessary by the City Engineer, a waterproofing
system and /or vertical drainage system behind the wall.
E. Where a walkway is within two feet of the top of a retaining wall greater than
30 inches in height, a guardrail 42 inches in height shall be constructed to the
specifications of the latest adopted version of the City Building Code.
F. Where a driveway, roadway, or parking area is within five feet of the top of a
retaining wall, a vehicle guardrail shall be constructed to the specifications of the latest
adopted San Diego Regional Standard Drawings or any alternate approved by the City
Engineer.
G. Where a driveway is within five feet of the top of a slope steeper than five to one
(5:1), a minimum six - inch -high berm or curb shall be constructed at the edge of the
driveway.
H. Wall design shall conform to the requirements of the City Zoning Code.
I. All retaining walls shall be set back a minimum of six inches from adjacent
property lines.
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J. Asphalt or concrete chevrons shall be installed adjacent to all curbs where the
lateral grade exceeds 10 percent, except where sidewalks are installed.
K. The grading plan shall clearly indicate which walls are to be constructed as a part
of this permit and which walls are to be constructed and inspected under the authority of
a building permit after rough grade approval. Any temporary slopes shall be clearly
shown on the plan. (Ord. 345, 1991)
16.50.170 Erosion control required.
A. Plans for an erosion control system shall be prepared and submitted for the
review and approval of the City Engineer as a part of any application for a permit under
this division. The erosion control system shall comply with the requirements of the latest
National Pollutant Discharge Elimination System permit and storm drain ordinance to
satisfy the requirements for erosion control and eliminate the discharge of sediment and
pollutants. The erosion control plan shall include, but not be limited to, the following
information:
1. Name, address, and a 24 -hour phone number of the owner or responsible
party, and the person or contractor responsible for installing and maintaining the erosion
control system and performing emergency erosion control work;
2. The name, address and signature of the Civil Engineer or person who
prepared the plan;
3. All desilting basins, debris basins, silt traps, and other desilting, velocity
retarding and protection facilities necessary to adequately protect the site and
downstream properties from erosion and its effects, preserve natural hydrologic
features, and preserve riparian buffers and corridors;
4. The streets, easements, drains, and other improvements;
5. The location and placement of gravel bags, diverters, check dams, slope
planting, drains, and other erosion controlling devices and measures;
6. Access routes to all such erosion control facilities and how access shall be
maintained during inclement weather.
B. Erosion control system standards shall be as follows:
1. The faces of cut - and -fill slopes and the project site shall be prepared and
maintained to control against erosion. Where cut slopes are not subject to erosion due
to the erosion- resistant character of the materials, such protection may be omitted upon
approval of the City Engineer.
2. Where necessary, temporary and /or permanent erosion control devices
such as de- silting basins, check dams, cribbing, riprap, or other devices or methods as
approved by the City Engineer shall be employed to control erosion, prevent discharge
of sediment, and provide safety.
3. Temporary de- silting basins constructed of compacted earth shall be
compacted to a relative compaction of 90 percent of maximum density. A gravel bag or
plastic spillway must be installed for overflow, as designed by the Engineer of Work, to
avoid failure of the earthen dam. A soils engineering report prepared by the Soils
Engineer, including the type of field testing performed, location and results of testing
shall be submitted to the City Engineer for approval upon completion of the de- silting
basins.
Ordinance No. 705
Page 13
4. De- silting facilities shall be provided at drainage outlets from the graded
site, and shall be designed to provide a de- silting capacity capable of containing the
anticipated runoff for a period of time adequate to allow reasonable settlement of
suspended particles.
5. De- silting basins shall be constructed around the perimeter of projects,
whenever feasible, and shall provide improved maintenance access from paved roads
during wet weather. Grading cost estimates must include maintenance and ultimate
removal costs for temporary de- silting basins.
6. The erosion control provisions shall take into account drainage patterns
during the current and future phases of grading.
7. Erosion protection may include effective planting of all slopes unless
otherwise approved by the City Engineer. Planting of the slopes shall be done as soon
as practicable, and prior to rough grade approval. If this is not accomplished, the slope
shall be treated with punched cereal straw, broadcast on the soil surface at 4,000
pounds per acre and held with a tackifier, fiber or net, or an equal system approved by
the City Engineer. Planting shall be installed, fully germinated, and effectively cover the
required slopes prior to finished grade approval.
8. The permittee or owner shall be responsible for control of erosion on all
areas of grading until acceptance of the completed grading by the City Council. This
responsibility extends to completed and occupied lots.
9. Equipment and workers for emergency work shall be made available at all
times. One hundred twenty -five percent of all necessary materials shall be available on-
site and stockpiled at convenient locations to facilitate rapid construction of temporary
devices at all times.
10. All removable protective devices shown shall be in place at the end of
each working day when there is a 50 percent chance of rain within a 48 -hour period. If
the developer does not provide the required installation or maintenance of erosion
control structures within two hours of notification at the 24 -hour number on the plans,
the City Engineer may order City crews or the City's Contractor to do the work or may
issue contracts for such work and charge the cost of this work along with reasonable
overhead charges to the cash deposits or other instruments implemented for this work
without further notification to the owner. No additional work on the project, except
erosion control work, may be performed until the full amount drawn from the deposit is
restored by the developer.
11. At any time of year, an inactive site shall be fully protected from erosion
and discharges of sediment. Flat areas with less than five percent grade shall be fully
covered unless sediment control is provided through de- silting basins at all project
discharge points. A site is considered inactive if construction activities have ceased for a
period of 10 or more consecutive days.
C. No grading work shall be allowed between October 1st and the following April
30th on any site when the City Engineer determines that erosion, mudflow or sediment
or silt discharge may adversely affect downstream properties, drainage courses, storm
drains, streets, easements, or public or private facilities or improvements unless an
approved erosion control system has been implemented on the site. If the City
determines that it is necessary for the City to cause erosion control measures to be
Ordinance No. 705
Page 14
installed or cleanup to be done, the developer shall pay all of the City's direct and
indirect costs including extra inspection, supervision, and reasonable overhead charges.
D. Advanced treatment for sediment shall be required for construction sites
determined by the City Engineer to be an exceptional threat to water quality. In
evaluating the threat to water quality, the City Engineer shall consider the following
factors:
1. Soil erosion potential or soil type,
2. The site's slopes;
3. Project size and type;
4. Sensitivity of receiving water bodies;
5. Proximity to receiving water bodies;
6. Nonstormwater discharges;
7. Ineffectiveness of other BMPs; and
8. Any other relevant factors. (Ord. 671 §§ 26, 27, 2008; Ord. 655 § 3, 2007;
Ord. 553, 2002; Ord. 345, 1991)
16.50.230 Asphalt concrete pavement.
A. Requirements. For the purpose of this chapter, asphalt concrete (A.C.),
aggregate base (A.B.), prime coat, tack coat and seal coat shall meet the current
standards of the City for road construction and /or the approval of the City Engineer.
B. Cost Estimates. Asphalt concrete is classified as a secondary drainage device
when used for roadway and parking lot surfacing and other similar uses. Accordingly,
the cost of all paving, with the exception of single - family driveways, shall be included in
the engineer's cost estimate.
C. Subgrade Compaction. Subgrade earth materials must be compacted to a
minimum of 12 inches in depth and shall comply with all other requirements of this
division.
D. Soil Sterilization. Unless otherwise approved by the City Engineer, subgrade
earth materials shall be sterilized with nonpollutant materials to preclude plant growth.
E. Pavement Structural Section. The project Soils Engineer, or design Civil
Engineer shall recommend a pavement structural section(s) for parking lots /service
roads, private streets, and dedicated streets for all developments based on:
1. Soils tests of the subgrade soil(s) performed in accordance with the latest
revision of ASTM 1557 -82; and
2. Anticipated traffic and /or loading conditions. Design shall be in accordance
with the Caltrans Highway Design Manual. The structural sections shall be not less than
the minimum standards established by the City. Minimum traffic index for pavement
design shall be 4.5.
F. All adjoining pavement edges shall be saw -cut for butt joints or ground with a
minimum of one and one -half inches of asphalt applied. No feathering is allowed.
G. Minimum overlay depth shall be one and one -half inches.
H. A minimum cross slope of two percent shall be utilized on all asphalt road and
driveway pavement sections Parking lots shall have a minimum cross slope of one
percent. Concrete drainage structures placed at less than one percent slope must have
grade stakes set by the Engineer of Work at no greater than 20 -foot intervals.
Ordinance No. 705
Page 15
I. Maximum gradient for parking stalls shall be eight percent.
J. Maximum gradient change in driveways and parking lots shall be eight percent in
every 20 horizontal feet. (Ord. 553, 2002; Ord. 345, 1991)
16.52.020 Required inspections — Generally.
The inspections set out in this division are to be required of the items of work listed,
at the stage or time indicated and are generally performed by the City Inspector. The
Engineer of Work and the Soils Engineer are responsible for periodic inspections from
time to time as required to fulfill their responsibilities. The permittee shall notify the City
Engineer at least 48 hours ahead of the time the work will be ready. (Ord. 345, 1991)
16.52.050 Other drainage devices.
Inspections are required on drainage devices, other than concrete and gunite, as
follows:
A. Subdrains:
1. After excavation but prior to placement of filter material and pipe. The
subdrain pipe and filter material shall be on -site for inspection,
2. After filter material and subdrain has been placed but prior to covering with
backfill;
B. Storm drains and inlets:
1. After placement of storm drains but prior to covering with backfill. The
Engineer of Work shall provide written certification indicating precise conformance to
line and grade on any storm drain being placed flatter than one - percent grade,
2. After placement of inlet forms but prior to placement of concrete. The
Engineer of Work shall provide written certification indicating precise conformance to
line and grade of all structures;
C. Earth swales:
1. Prior to rough grading approval, storage of combustible materials, or
lumber drop, and
2. Prior to final grading approval. (Ord. 345, 1991)
16.52.110 Special inspections.
The City Engineer may establish special inspection requirements in accordance with
the City Building Code, amended, for special cases involving retaining walls, grading or
paving related operations. Special cases may apply to work where, in the opinion of the
City Engineer, it is necessary to supplement the resources or expertise available for
inspection. (Ord. 345, 1991)
16.52.120 Stopping and correction of work.
Reference is made to the permit requirements section of this code.
A. The provisions of Section 202.4, "Stop Orders," of the Uniform Administrative
Code shall apply to all grading work. Whenever the City Engineer determines that any
work does not comply with the terms of a permit, or this division, or that the soil or other
conditions are not as stated on the permit, or that work is being done improperly, or in a
hazardous manner, he may order the work stopped by notice in writing served on any
Ordinance No. 705
Page 16
persons engaged in doing or causing such work to be done, and any such persons shall
forthwith stop such work until authorized by the City Engineer to proceed with the work.
B. Whenever any work on which inspections are required is covered or concealed
by additional work without first having been inspected, the City Engineer may require
that such work be exposed for examination. The work of exposing and recovering shall
not be subject to any expense by the City.
C. If the inspector finds the soil or other conditions not as stated in the approved
plans and geotechnical reports or in additional information which was required for
issuance of the grading permit, he may issue a stop work order until approval is
obtained for a revised grading plan which will conform to the conditions.
D. Work may resume and the stop order shall be rescinded upon the City
Engineer's determination that conditions have changed, corrections been made, or the
causes or actions which require a stop order have been acceptably remedied or
alleviated to his satisfaction. (Ord. 345, 1991)
16.52.130 Completion of work — Final reports.
A. Upon completion of the rough grading work and prior to issuance of a building
permit, the City Engineer will require:
1. A written statement by the Engineer of Work certifying the grading as
being in precise conformance with the approved grading plan and which specifically
states the following items were performed under his supervision, and are shown
correctly on the record drawings:
a. Staking of line and grade for all engineered drainage devices and
retaining walls;
b. Staking of property corners for proper building and slope location;
C. Location of permanent walls or structures on property corners or
property lines;
d. Location and slope ratio of all manufactured slopes;
e. Construction of earthen berms and positive building pad drainage in
accordance with this division.
2. A final soils engineering report prepared by the Soils Engineer, including
type of field testing performed, suitability of utility trench and retaining wall backfill,
summaries of field and laboratory tests and other substantiating data, and comments on
any changes made during grading and their effect on the recommendations made in the
soils engineering investigation report. Each field density test shall be identified, located
on a plan or map, the elevation of test, and the test method of obtaining the in -place
density described either ASTM D1556 -78 or the approved equal shall be so noted. The
Soils Engineer shall provide written approval as to the adequacy of the site for the
intended use, as affected by soils engineering factors, and a statement of compliance to
finish grade. Such report may consist of a series of reports at various stages of
construction.
3. A geologic report prepared by the Engineering Geologist, including a final
description of the geology of the site including any new information disclosed during the
grading, and the effect of same on recommendations incorporated in the approved
grading plan. He shall provide written approval as to the adequacy of the site for the
Ordinance No. 705
Page 17
intended use as affected by geologic factors, a statement of compliance to finish grade,
and when required by the City Engineer, shall submit an as -built geologic map.
B. Upon the final completion of the work under the grading permit, but prior to the
release of grading securities or issuance of a certificate of use and occupancy, the City
Engineer will require:
1. A red -lined copy of the approved grading plan, signed and dated by the
Engineer of Work, which shall include original and as- graded ground surface elevations,
pad elevations, slope ratios, and elevations and locations of all surface and subsurface
drainage facilities, location and scaled sections of all buttress /stabilization fills,
subdrains, and general location and depth of all areas of removal of unsuitable soil;
2. Supplemental soils and geologic reports for all work done subsequent to
rough grade approval. (Ord. 345, 1991)
3. Submittal of fully executed agreements for the maintenance of private
roads, drainage systems, and SUSMP BMPs.
Section 3 : This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days
after the date of this passage, and before the expiration of fifteen (15) days after its
passage, it shall be published once with the names and members voting for and against
the same in the Poway News Chieftain, a newspaper of general circulation published in
the City of Poway.
Introduced and first read at a regular meeting of the City Council of the City of
Poway held this 6 th day of April 2010, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 2& day of April 2010.
Don Higginson, Mayor
ATTEST:
inda . Troyan, MMC, City Clerk
Ordinance No. 705
Page 18
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify, that the
foregoing Ordinance No. 705, was duly adopted by the City Council at a meeting of said
City Council held on the Bch day of April 2010, and that it was so adopted by the
following vote:
AYES: Boyack, Cunningham, Rexford, Kruse, Higginson
NOES: None
ABSENT: None
DISQUALIFIED: None
in A. Troyan, MMC, City Clerk
ity of Poway