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Ordinance No. 119249 FOLLOWS ORDINANCE NO 119 AN ORDINANCE OF THE CITY OF CYPRESS REGULATING AND CONTROLLING ALL GRADING, FILLING, AND EXCAVATING WITHIN THE CITY OF CYPRESS PROVIDING FOR THE ERECTION AND INSTALLATION OF PROTECTIVE DEVICES FOR GRADING WORK; PROVIDING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN; REQUIRING PERMITS FOR GRADING WORK AND ESTABLISHING FEES THEREFOR: AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS PART I PURPOSE, SCOPE, AND DEFINITIONS SECTION 1 PURPOSE AND SCOPE The purpose of this Ordinance is to safeguard life, limb, health property and public welfare by regulating and controlling all grading filling and excavating within the City of Cypress. Where in any specific case, different sections of this Ordinance specify different materials, methods, or other require- ments the most restrictive shall govern It is not the intent of this Ordinance to amend or restrict any provision of the Uniform Building Code Where any section of this Ordinance conflicts with any requirement of the Uniform Building Code the more restrictive requirement shall govern SECTION 2 DEFINITIONS AASHO - American Association of State Highway Officials CHIEF BUILDING OFFICIAL - The officer charged with the administration and enforcement of this Ordinance, or his regularly authorized deputy EXCAVATION - Any act by which earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed, and shall include the conditions resulting therefrom FILL - Any act by which earth, sand, gravel, rock, or any other similar material is deposited, placed, pushed, pulled or transported to a place other than the place from which it was excavated and shall include the conditions resulting therefrom GRADING - The act of excavating or filling or any combination thereof and shall include the conditions resulting from any exca- vation or fill LOT - A parcelof real property as shown with a separate and distinct number or letter on a plot recorded or filed with the Recorder of Orange County, State of California, or a parcel of real property abutting upon at least one (1) public street and held under separate ownership prior to the effective date of this Ordinance PERCENT COMPACTION - The dry density of the material as found in the fill divided by the maximum density determined in accordance with the Modified A A S H 0 Soil Compaction Test, or by other approved testing methods giving equivalent test results Ordinance No. 119 _ PERSON - The term "person' , when used in this Ordinance shall extend to and be deemed to include any person, firm, partnership, corporation, school district or government agency SITE - One lot or a group of lots in a tract of land which shall be contiguous except that a public street or way may intervene UNIFORM BUILDING CODE - That edition of the Uniform Building Code as amended and adopted by reference as a City Ordinance to serve as the Building Code of the City of Cypress VERTICAL HEIGHT OF SLOPE - The height of a slope measured vertically from the toe of the slope or from the top of a retaining wall to the crest of the slope PART II PERMITS FEES INSPECTION A No person shall commence or perform any grading, excavation or fill on any lot, parcel, or tract of land without first having obtained a grading permit so to do from the Building Department of the City of Cypress. A separate grading permit shall be required for each site, provided however, that whenever it is practicable, a building permit may cover both the building and grading work on any one lot One grading permit may cover both the excavation and any fill made with the excavated materials One building permit may cover the excavation for and the construction of a single retaining wall on any one site EXCEPTIONS - A grading permit shall not be required in the following instances but in all other respects the provisions of this Ordinance shall apply (1) An excavation which does not exceed three (3) feet in vertical depth at its deepest point measured from the original ground surface, nor which does not exceed five (5) cubic yards of material on any one site This exception shall not affect the ap- plicability of this Ordinance to, or the requirement of a grading permit for, any fill made with the material from such excavation (2) A fill which does not exceed five (5) cubic yards of material on any one site provided however that such fill does not exceed three (3) feet in vertical depth at its deepest point, and that the surface of such fill has no slope at any point steeper than five horizontal to one vertical (3) An excavation below finished grade for basements and footings of a building swimming pool sewer connection, or underground structure authorized by a valid building, sewer or plumbing permit This exception shall not affect the application of this Ordinance to, nor the requirement of a grading permit for, any fill made with the material from such excavation A grading permit shall not be required however for the temporary stockpiling of material on the same site of such an excavation SECTION 3 APPLICATION FOR PERMIT A An applicant for a grading permit shall first file an application in writing with the City of Cypress Building Department Such application form shall be furnished by the Building Department, and shall 1 Describe the land on which the proposed work is to be done by lot block tract and street address or legal description that will readily identify and definitely locate the proposed work Ordinance No 119 2a1 2 Be signed by the permittee, who shall be responsible for the proper supervision and the correctness of the work, and for requesting the inspections required herein Such signature shall affirm to the fact that all of the proposed work to be covered by the application and grading permit will comply with the provisions of this Ordinance SECTION 4: PERMIT FEES. A Before issuing any grading permit, a fee shall be collected by the Building Department in the amount as shown in the following table GRADING PERMIT FEES 500 cubic yards or less $ 5 00 501 to and including 1000 cubic yards - $10 00 1001 to and including 10,000 cubic yards $10 00 for the first 1000 cubic yards plus $ 3 00 for each additional 1000 cubic yards or fraction thereof. 10,001 to 100,000 cubic yards, $ 37 00 for the first 10,000 cubic yards plus $ 10 00 for each additional 10,000 cubic yards or fraction thereof 100 001 cubic yards or more $ 127 00 for the first 100,000 cubic yards plus $ 5 00 for eacn additional 10,000 cubic yards or fraction thereof SECTION 5. EXPIRATION OF PERMIT A Every permit issued by the Chief Building Official under the provisions of this Ordinance shall be null and void, if the work authorized by such permit is not commenced within sixty (60) days from the date of such permit or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred and twenty (120) days Before such work can be recommenced a new permit shall be first obtained so to do, and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original grading plans for such work• and provided, further, that such suspension or abandonement has not exceeded one year SECTION 6. DENIAL OF PERMIT WHERE DANGEROUS CONDITION WOULD BE CREATED A No permit authorizing an excavation or fill shall be issued by the Building Department in any case where such work is likely to endanger any property or public way Factors to be considered in determining the probability of hazardous conditions shall include but not be limited to possible saturation by rains earth movements, run-off of surface waters and sub -surface conditions such as the stratification and faulting of rock, nature and type of soil or rock SECTION 7: INSPECTION A The Chief Building Official shall make at such times and as often as in his discretion it may seem necessary, an inspection upon any property on which grading has been or is being done No person shall in any way hinder or prevent the Chief Building Official, or any appointed deputy, from entering and inspecting any such property on which grading has been or is being done Ordinance No 119 r B If upon inspection, the work authorized under the grading permit is found not to comply with the provisions of this Ordinance, the Chief Building Official shall notify the permittee or owner wherein such grading fails to comply with the law Any portion of the work which does not comply with the provision of this Ordinance shall be corrected PART III SAYETY PRECAUTIONS MAINTENANCE EXISTING EXCAVATION AND FILLS SECTION 8 SAFETY PRECAUTIONS A If, at any stage of the work on an excavation or fill, it is determined by inspection that the nature of the formation is such that further work as authorized by an existing permit is likely to endanger any property or public way the Chief Building Official may require as a condition to allowing the work to be continued that such reasonable safety precautions be taken to avoid such likelihood of danger "Safety Precautions may include but shall not be limited to, specifying a flatter exposed slope, construction of additional drainage facilities, berms, terracing, compaction retaining walls or cribbing SECTION 9. MAINTENANCE OF PROTECTIVE DEVICES A The owner of any property on which an excavation or fill had been made pursuant to a permit granted under the provisions of this Ordinance or any other person or agent in control of such property, shall maintain in good condition and repair all retaining walls, cribbing, drainage structures and other protective devices that have been required by the Chief Building Official as a condition of the granting of a grading permit or as the result of any subsequent inspection covered by such permit SECTION 10. EXISTING EXCAVATIONS AND FILLS A Whenever the Chief Building Official determines by inspection that any existing excavation or fill from any cause has become a menace to life or limb, or affects the safety useability, or stability of a public way the owner of the property upon which such excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Chief Building Official so to do, shall within 180 days from the date of such written notice repair or reconstruct such excavation or fill so that it will conform to the requirements of this Ordinance or otherwise repair, reconstruct, strengthen, or eliminate such excavation or fill in a manner satisfactory to the Chief Building Official so that it will no longer constitute a menace or danger as aforesaid A shorter period of time may be specified if an imminent and immediate hazard is found to exist PART IV GENERAL GRADING REQUIREMENTS, DRAINAGE, AND SLOPE PLANTING SECTION 11 GENERAL A Every excavation and fill shall be made in accordance with the requirements of this Ordinance Excavation and fill shall be accomplished by the methods set forth in Part V and Part VI of this Ordinance Adequate provision shall be made to prevent any surface waters from damaging the cut face of an excavation or the sloping surface of a fill Retaining Walls, or cribbing constructed in accordance with the provisions of this Ordinance and the Uniform Building Code shall be used whenever necessary to prevent the surface of an excavation or fill from exceeding at any point the maximum allowable slopes set forth in this Ordinance Ordinance No 119 433 SECTION 12 DRAINAGE A All drainage provisions shall be of such design as to carry surface waters to the nearest practical street storm drain or natural watercourse approved by the City Engineer as a safe place to deposit and receive such waters B The City Engineer may require drainage devices or structures to be built or installed at any location where it has been deemed necessary to prevent erosion damage or to carry off surface water by such on installation or structure C A berm curb or other protective curbing device shall be installed at the leading edge or crest of any slope All such protective devices shall run continuously along the entire top edge of the slope D Where it has been determined that an unusually high slope will be subject to erosion from the surface drainage of the slope itself, the Chief Building Official may require such slope to be graded to one or more terraces No terrace shall be less than four feet (4') in width Retaining walls or other approved devices may be constructed in lieu of such terracing SECTION 13 SLOPE PLANTING A Al] slopes having a vertical height of more than three feet (3') shall be planted with a permanent ground cover capable of preventing surface erosion Such planting shall be of a type with a root system capable of penetrating a compacted fill Ground covering such as the common ice plant, Carpobrotus chilensis and C edulis, and all other fleshy -leafed plants with lightly developed root systems shall not be acceptable B Irrigation of slope planting shall be by overhead sprinkling Flood type irrigation shall not be permitted C All slopes required to be protected by planting shall be planted within sixty days (60) from the date of grading, provided however, that where it has been determined that practical difficulties will not permit maintenance of such planting until a later time an extended time limit may be specified by the Chief Building Official All slopes damaged by erosion during that period of time between the grading and planting stages shall be repaired or reconstructed in accordance with the requirements of this Ordinance SECTION 14 OTHER SLOPE COVERINGS A In lieu of slope planting as required by Section 13, a slope may be finished or paved with a permanent covering such as asphalt or concrete surfacing All such surfacing, however, shall be approved by the Chief Building Official prior to application Such approval shall be based upon the type and quality of material used, quantity used, and any engineering data that may be required to be submitted to the Building Department to substantiate the satisfactory use of the proposed surfacing material SECTION 15 SLOPES PART V EXCAVATIONS A No excavation shall be made with a cut face steeper in slope than one horizontal to one vertical Ordinance No 119 EXCEPTION. An excavation may have a cut face steeper than one horizontal to one vertical if the material in which the excavation is made is sufficiently stable to sustain a slope steeper than one horizontal to one vertical and a written statement to that effect from a civil engineer, licensed by the State of California and experienced in soil engineering is submitted to the Building Department and approved The statement shall certify that the site has been inspected by the engineer and that the deviation from the maximum slope requirement as set forth in Paragraph A above will not result in property damage B The Chief Building Official may require the excavation to be made with a cut face flatter in slope than one horizontal to one vertical if he finds the material in which the excavation is to be made unusually subject to erosion, or if other conditions make such flatter cut necessary for stability and safety SECTION 16 BUILDING EXCAVATIONS A Excavations for new buildings, and excavations adjacent to existing buildings shall be made in conformity with the requirements of the Uniform Building Code SECTION 17 COMPACTION PART VI FILLS A All fills intended to support buildings or structures, and all fills used to improve any land for speculative purposes, or fills otherwise used to improve any land which will be advertised, sold, leased, or used for the purpose of building construction, shall be compacted to a minimum relative density of not less than ninety per cent (90%) of maximum density as determined by the Modified AASH 0 Soil Compaction Test or other approved testing method giving equivalent test results B Required compaction shall be accomplished in the following manner 1 The natural ground surface shall be prepared by removal of top soil and vegetation, and all debris of any kind 2 Whenever necessary to prevent the sliding of fill material the natural ground surface shall be graded to a series of terraces 3 The fill shall be spread in a series of layers each not exceeding six (6) inches in thickness, and shall be compacted with the proper amount of moisture by sheepsfoot roller or other approved method after each layer is spread C In lieu of the standard method outlined in Paragraph B of this Section other methods of soil compaction which admit of a rational analysis in accordance with well established principles of mechanics and sound engineering practice may be used SECTION 18 MOISTURE CONTROL A The moisture content of the fill material shall be controlled at the time of spreading and compaction to obtain required maximum density SECTION 19. SUPERVISION, TESTING AND REPORTS A Supervision and progressive inspection of the compaction of fills shall be required and shall be done by a civil engineer licensed by the State of California and experienced in soil mechanics and erosion control, or by an approved soil testing laboratory Ordinance No 119 235 B A compaction report prepared and signed by the engineer or laboratory responsible for the job shall be submitted to the Building Department upon the completion of work, and shall include the following• ]. A contour map showing the original and finished surfaces of the areas filled 2 The unit foundation bearing value recommended on the compacted fill (Such recommendation shall be for the specific type of footing to be used on a proposed structure, or when no construction is immediately contemplated, a recommendation of soil bearing values for various sizes and types of footings shall be provided ) 3 A description of the materials used in the fill and the procedure of deposit and compaction, including the preparation of the original ground surface before filling 4 A plan showing the location and depth of test holes made in the fill together with a tabulation of the percent compaction obtained in the various tests 5 A statement that all work was done in conformity with the provisions of this Ordinance C Adequate tests shall be made to insure correct compaction throughout the fill area Whenever it has been determined by the Chief Building Official that inadequate tests have been made or that correct compaction cannot be ascertained from the report submitted additional tests shall be made at the locations indicated by the Chief Building Official, and a new report shall be submitted in accordance with Paragraph B of this Section D The Chief Building Official may require a report from the engineer or soil testing laboratory based on tests of the fill at selected stages E The Chief Building Official may waive the requirement of this Section for supervised grading in the case of small or unimportant structures or where, in his opinion, settlement will not cause damage to life or property or when it is apparent that no structure can be built on the fill or when there is no possibility of the fill, or when there is no possibility of the fill being deposited on any public way or existing drainage course SECTION 20 SURFACE SLOPE OF FILLS A No fill shall be made which creates any exposed surface steeper in slope than one and one-half horizontal to one vertical EXCEPTION A filled slope may have an exposed surface steeper than one and one-half horizontal to one vertical provided that the fill is located so that settlement sliding or erosion of the fill material will not result in property damage or is not a hazard to adjoining property streets, or buildings, and provided further, that a written statement from a civil engineer, experienced in erosion control and licensed by the State of California is submitted to the Building Department and approved Such statement shallcertify that the engineer has inspected the site and that the proposed deviation from the slope specified in Paragraph A above will not endanger any property or result in property damage Ordinance No 119 B The Chief Building Official may require that the fill be constructed with an exposed surface flatter than one and one-half horizontal to one vertical if it is found that under the particular conditions such flatter surface is necessary for stability and safety SECTION 21 COMPACTION OF FILLED SLOPES A All filled slopes shall be compacted by slope rolling or similar measures to a minimum of 85 percent compaction SECTION 22: LOCATION OF SLOPES A Where adjoining lots are graded to different levels and joined by a slope, such slope shall be located entirely within the property lines of the lot of the lower elevation B When an owner or subdivider desires to split one or more lots into two or more new lots and such new lots are joined by a slope, such slope shall be located entirely within the property lines of the lot of the lower elevation EXCEPTION When it has been established by the Chief Building Official that practical difficulties unnecessary hardships or results inconsistent with the general purposes of this Ordinance occur by reason of the requirements of Paragraph A and B of this Section, the Chief Building Official may grant a variance from the provisions of Paragraph A and B provided that in such special cases that the intent and purpose of this Ordinance is complied with C Where a lot or site is filled and built up to an elevation higher than the elevation of adjoining property which is owned by another person and where such other ownership is separate and in no way connected or related to the ownership of the property being graded, the slope joining the two lots or sites shall be located within the property lines of the lot or site of the higher elevation Such slope shall not exceed a vertical height of ten feet (10') Where the depth of the fill or the counter of the land would require a slope higher than ten feet (10') in vertical height, the fill shall be graded to a series of terraces withno single slope in such terracing having a vertical height in excess of ten feet (10 ) No terrace shall be less than four feet (4') in width EXCEPTION Such slope may fall on the property of the lower elevation provided that the owner of the lower property will accept ownership of the slope In this event, the slope shall be located entirely within the property lines of the lower site and shall be terraced, rolled, and planted by the permittee as required by this Code PART VII CONSTRUCTION ON OR NEAR SLOPES A Buildings constructed near cut or filled slopes shall be adequately protected against damage from water run-off, and/or earth erosion around or near the building foundation In order to insure safety to buildings built near slopes, the Chief Building Official may require that reasonable safety precautions be taken Such safety precautions may include but not be limited to specifying a steeper fall of grade from the building construction of additional drainage facilities berms terraces, retaining walls, or cribbing Ordinance No 119 237 B Buildings shall be located clear of the toe of any cut or filled slope, or shall be located clear of any retaining wall according to the following: 1 A minimum clearance of five (5) feet for slopes not exceeding ten (10) feet in vertical height 2 A clearance of one-half (%2) the vertical height or ten (10) feet, whichever is less, for slopes over ten (10) feet in vertical height 3 A minimum clearance of five (5) feet from any retaining wall 4 A clearance of one-half (%2) the vertical height of the slope or ten (10) feet, whichever is less, from walls retaining slopes over ten (10) feet in vertical height EXCEPTIONS (1) A detached garage accessory to a dwelling may be constructed a minimum of three (3) feet clear of the toe of a conforming cut or fill slope (2) A building may have a foundation combined in the design of a retaining wall provided that the clearance from the toe of any slope to such foundation com- plies with the clearances required between buildings and toes of slopes as set forth in paragraph B of this section SECTION 23. EXEMPTIONS FROM PROVISIONS OF THIS ORDINANCE A Nothing in this Ordinance shall apply to any excavation, removal, fill, or deposit of any earth or other materials within a property which is dedicated or used, or to be used, for cemetery purposes provided that such work does not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property not owned by the cemetery authority PART IX ADMINISTRATIVE SECTION 24 RESPONSIBILITY OF PERMITTEE A Building and grading permits shall be presumed to incorporate the provision that the applicant, his agent, employees, or contractors shall carry out the proposed work in accordance with all requirements of this Ordinance and any other laws or regulations applicable thereto, whether specified or not B The issuance of a permit or any approval shall not be construed to relieve or exonerate any person from the responsibility of complying with the provisions and intent of this Ordinance SECTION 25: ENFORCEMENT A The Chief Building Official is hereby granted the authority to enforce the provisions of this Ordinance SECTION 26 INTERPRETATION A The Chief Building Official is hereby authorized to interpret and determine the intent and meaning of any provision of this Ordinance Such interpretations and determinations shall be made in writing and a record kept, which record shall be open to the public Ordinance No 119 SECTION 27 PENALTIES A Any person, firm, or corporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than Five Hundred Dollars ($500 00) or by imprisonment for a period of not more than ninety (90) days, or by both such fine and imprisonment In addition thereto, this Ordinance may be enforced by injunction or any other appropriate civil remedy Any persons, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a separate offense for each day or portion thereof during which such violation continued and shall be punishable therefore as herein provided SECTION 28. PROHIBITIONS A It is unlawful for any person firm or corporation either as owner, engineer, contractor, artisan, or otherwise to do knowingly to cause or permit to be done any work or installation as defined in this Ordinance in such manner that the same shall not conform to the provisions of this Ordinance SECTION 29 REPEAL OF CONFLICTING ORDINANCES. All other ordinances or parts of ordinances which are in conflict with the provisions of this Ordinance are hereby repealed EXCEPTION 1 Where a requirement of this Ordinance conflicts with a requirement of the Uniform Building Code, the more restrictive requirement shall govern SECTION 30 VALIDITY A If any Section, sub -section, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or legally ineffective, such decision shall not affect the validity of the remaining portions of this Ordinance B The City Council of the City of Cypress declares that it would have adopted this Ordinance and each section, sub -section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, sub -sections, sentences, clauses or phrases be declared unconstitutional or legally ineffective PASSED AND ADOPTED this 18th day of December 1961 by the following roll call vote ATTES AYES. 5 COUNCILMEN Arrowood, Denni, McCarney, Van Dyke & Baroldi NOES 0 COUNCILMEN• NONE ABSENT. 0 COUNCILMEN NONE tl ROBECITY CLERK THOMAS A BAROLDI, MAYOR Ordinance No 119