Note: Prior history: Ord. 71-O-117 and prior code §§
14-1—14-18.
The purpose of this chapter is to provide minimum standards
to safeguard life and limb, protect property and property values,
preserve natural beauty and promote public welfare by regulating and
controlling the design, construction, quality of materials, use, location
and maintenance of grading, excavating and fill within the city.
(Ord. 82-O-124, 1982)
New grading, excavations and fills, or changes, additions, repairs
or alterations made to existing excavations and fills within the city
shall conform to the provisions of this chapter.
If two or more pertinent limitations are not identical, those
limitations shall prevail which provide the greater safety to life
and limb, property, natural beauty, and public welfare. The permissive
provisions of this chapter shall not be presumed to waive any limitations
imposed by other provisions of this code or other ordinances of the
city or laws of the state.
(Ord. 82-O-124, 1982)
Words used in this chapter shall have the following meaning:
means in-place solid rock.
means a relatively level strip excavated into earth material
on which fill is to be placed.
means a permit issued by the chief building official for
the construction, erection, or alteration of a structure or building
on privately owned property.
consists of cutting, chopping, bulldozing, or removing by
any means, native growths of trees, bushes, grasses, stumps, root
masses, and all debris not native to the site.
means the densification of a fill by mechanical means.
means the unit measure for a quantity of material to be excavated,
to be placed, in the case of embankment, in place on the site as computed
by the method of "average end areas".
means any rock, gravel, sand, natural soil or combination
thereof.
includes removal, relocation or alteration of the existing
contours and location of any soil, earth, fill, sand, rock, gravel
or waste material, any combination thereof and the conditions resulting
therefrom.
is a deposit or relocation of earth material placed by mechanical
means.
means any excavation, filling, or combination thereof.
means a city issued permit required by this chapter.
means and includes the natural or finished grade, surface
or contour of a site.
means a designed compacted fill placed in a trench excavated
in earth material beneath the toe of a proposed fill slope.
means the perimeter of the area covered by the permit.
means any person to whom a grading permit is issued.
means and includes individuals, firms, corporations, partnerships
and their agents and employees.
means an inclined ground surface the inclination of which
is expressed as a ratio of horizontal to vertical distance.
means earthen material, excluding bedrock, composed of loosely
bound mineral grains of various sizes and shapes, organic material,
water and gases.
means a relatively flat step constructed in the face of a
graded slope surface.
(Ord. 82-O-124, 1982)
(a)
Cuts and Fills.
(1)
No finished slope, either cut or fill, shall exceed two horizontal
to one vertical. When cohesionless soils are used, or other conditions
warrant a further restriction of slope, the city engineer or chief
building official may require further modification.
(2)
No grading, cut or fill shall produce a grade differential in excess
of three feet between adjacent properties measured vertically at the
property line. Exception: The planning commission may permit greater
grade differentials subject to the following:
(A)
Notice of the meeting to consider the exception shall be mailed to
all adjoining property owners at least seven days prior to the meeting.
(B)
A finding is made that special circumstances applicable to the drainage
or topography of the subject property justifies the exception. Any
exception shall be the minimum required to mitigate any problems.
(3)
Wherever the differential between adjoining lots exceeds two feet
in elevation measured vertically at the common property line, a retaining
wall shall be constructed according to specifications fixed by the
chief building official.
(b)
Setbacks.
(1)
The setbacks and other restrictions specified by this chapter are
minimum and may be increased by the chief building official or by
the recommendation subject to approval of the chief building official,
of a civil engineer, soils engineer or engineering geologist, if necessary
for safety and stability or to prevent damage of adjacent properties
from deposition or erosion or to provide access for slope maintenance
and drainage.
(2)
The toes of fill slopes shall be set back from the permit area boundary
by one-half the height of the slope, with a maximum required setback
of 15 feet. Also the tops of cut slopes shall be set back from the
permit area boundary by one-fifth the height of the slope, with a
maximum required setback of six feet.
(3)
In addition the tops and toes of any slopes shall be set back from
any property line a minimum of three feet.
(4)
Structures shall be set back from the tops and toes of all slopes
by one-half the height of the slope, with a minimum of three feet
and a maximum required setback of 15 feet from the toe of a slope
and 10 feet from the top of a slope.
(5)
The top of any slope shall be a minimum of three feet horizontally
from the face of any block wall footing.
(6)
Subject to the approval of the chief building official retaining
walls may be used to reduce the required setbacks.
(c)
Drainage and Terracing.
(1)
All building site pads shall be graded to provide drainage to a street,
public way, natural watercourse, approved flood channel, or public
easement for drainage purposes.
(2)
Roof drainage or other concentrated drainage shall not drain over
public or private sidewalk area. Such drainage shall be controlled
by pipe, culvert or other structure beneath sidewalks to flow into
street gutters or drain systems.
(3)
All sump conditions shall have a secondary drainage course.
(4)
Berms shall be provided and maintained at the top of all banks or
graded slopes unless the slope of the site exceeds one-fourth inch
per foot in the direction of an approved point of discharge. Sites
shall be graded to prevent spillage of surface waters across banks
or graded slopes.
(5)
Terrace. Terraces at least six feet in width shall be established
at not more than 30 foot vertical intervals on all slopes to control
surface drainage and debris, except that where only one terrace is
required, it shall be at mid-height. For slopes greater than 60 feet
and up to 120 feet in vertical height, one terrace shall be required
at approximately midheight; it shall be 12 feet in width. Terrace
width and spacing for slopes greater than 120 feet in height shall
be designed by a civil engineer specializing in soils engineering
and approved by the chief building official and city engineer. Suitable
access shall be provided to permit proper cleaning and maintenance.
Swales or ditches on terraces shall have a minimum gradient
of five percent and shall be paved with reinforced concrete not less
than three inches in thickness or an approved equal paving. They shall
have a minimum flowline depth of one foot and a minimum paved width
of five feet. A single run of swale or ditch shall not collect runoff
from tributary area exceeding 13,500 square feet (projected) without
discharging into a down drain.
(6)
Subsurface Drainage. Slopes shall be provided with subsurface drainage
as necessary for stability, as recommended per the materials report.
(7)
Disposal. All drainage facilities shall be designed to carry waters
to the nearest practical drainage way approved by the chief building
official and/or other appropriate jurisdiction as a safe place to
deposit such waters. Erosion of ground in the area of discharge shall
be prevented by installation of nonerosive downdrains or other devices.
(8)
Interceptor Drains. Paved interceptor drains shall be installed along
the top of all cut slopes where the tributary drainage area above
flows towards the slope and has a drainage path greater than 40 feet
measured horizontally. Interceptor drains shall be paved with a minimum
of three inches of reinforced concrete. Drains shall have a minimum
depth of 12 inches and a minimum paved width of 30 inches measured
horizontally across the drain. The slope of the drain shall be approved
by the chief building official.
(9)
Grades and rates of all drainage courses and sloped areas shall conform
to the following criteria:
|
(A)
|
Drainage away from building pads
|
2.00% minimum
|
|
(B)
|
Portland cement concrete structures
|
.35% minimum
|
|
(C)
|
Asphalt concrete surfacing
|
1.00% minimum
|
|
(D)
|
Lot drainage swales (dirt and turf) 100 feet or less in length
|
1.00% minimum
|
|
(E)
|
Lot drainage swales (dirt and turf) more than 100 feet in length
|
2.00% minimum
|
(10)
Erosion Control. All exposed or finished banks or slopes of any fill
or excavation shall be protected from erosion by approved cribbing,
walls, or terracing or a combination thereof and shall be landscaped
with approved planting and a permanent irrigation system shall be
installed. Other unprotected graded surfaces shall be planted, paved
or built upon or shall be provided with berms and approved drainage
facilities adequate to prevent erosion and to conduct the accumulation
or runoff of surface waters to an approved place of discharge. It
is the intent of this section to prohibit the abandonment of graded
areas or slopes which are not provided with erosion protection and
adequate drainage facilities, even though all other requirements herein
had been provided and approved.
(Ord. 82-O-124, 1982)
(a)
All grading of any real property shall be permitted only between
the hours of seven a.m. and seven p.m. Monday through Friday, and
between the hours of nine a.m. and six p.m. on Saturday, and shall
be prohibited at any time on Sunday and on all federal holidays, unless
other hours are approved by the chief building official or city engineer
upon receipt of evidence that an emergency exists which would constitute
a hazard to persons or property.
(b)
All graded surfaces and materials whether filled, excavated, transported
or stockpiled, shall be wetted, protected or contained in such a manner
as to prevent any nuisance from dust or spillage upon adjoining property
or streets. Equipment and materials on the site should be used in
a manner as to avoid excessive dust. Roadways on the site shall be
surfaced or wetted sufficiently to prevent excessive dust.
(c)
Written consent of adjacent property owners shall be given whenever
any grading operation requires entry, for any reason, onto adjacent
property. This written consent shall be filed with the city engineer
prior to issuance of the grading permit.
(d)
No grading shall be done so as to cause falling rocks, soil or debris
onto adjacent property.
(e)
No grading shall be conducted in such a manner as to cause excessive
erosion or flooding.
(f)
Dirt, rocks or mud tracked onto existing paved streets shall be removed
daily to the satisfaction of the city engineer.
(g)
Temporary debris basins may be required by the city engineer or the
chief building official to control erosion.
(h)
Preparation of Ground for Fill. The ground surface shall be prepared
to receive fill by removing vegetation, noncomplying fill, topsoil,
and other unsuitable materials, scarifying to provide a bond with
the new fill, and, where slopes are steeper than five to one and the
height is greater than five feet, by benching into sound bedrock or
other competent material as determined by the soils engineer. The
bench under the toe of fill on a slope steeper than five to one shall
be at least 10 feet wide. The area beyond the toe of fill shall be
sloped for sheet overflow, or a paved drain shall be provided. Where
fill is to be placed over a cut, the bench under the toe of fill shall
be at least 10 feet wide, but the cut must be made before placing
fill and approved by the soils engineer and engineering geologist
as a suitable foundation for fill. Unsuitable soil is soil which,
in the opinion of the building official or the civil engineer or the
soils engineer or the geologist, is not competent to support other
soil or fill, to support structures, or to satisfactorily perform
the other functions for which the soil is intended.
(i)
Fill Material. Detrimental amounts of organic material shall not
be permitted in fills. Except as permitted by the chief building official,
no rock or similar irreducible material with a maximum dimension greater
than 12 inches shall be buried or placed in fills.
Exception: The chief building official may permit placement
of larger rock when the soils engineer properly devises a method of
placement, continuously inspects its placement, and approves the fill
stability. The following conditions shall also apply:
(j)
Fill material shall contain the proper amount of moisture to assure
proper behavior of the fill material, both during compaction and after
the fill is in place. This shall be in accordance with design requirements
approved by the soils engineer.
(k)
Compaction. All fills shall be compacted to a minimum of 90% of maximum
density, as determined by UBC Standard No. 70-1. Field density shall
be determined in accordance with UBC Standard No. 70-2 or equivalent,
as approved by the chief building official.
(l)
Any pipe trench or other trenching or excavation made in any slope
or bank of an excavated or filled site shall be backfilled to the
level of the surrounding grade. Such backfill shall be compacted to
the density of the original materials, but in no case less than 90%
of the maximum density achieved by AASHO Compaction Test Method T99-57
or T180-57, UBC Standard No. 70-1 or No. 70-2 or equivalent as approved
by the chief building official.
(m)
Prior to construction of building foundations, the pad grading, compaction
and elevations shall be verified in writing to the chief building
official by the soils engineer and civil engineer.
(n)
Traffic. Traffic control devices, including flagmen, signs and markers
shall be used at appropriate places if so directed by the city engineer
or chief building official. The city engineer may designate routes
when import or export is required.
(Ord. 82-O-124, 1982; Ord. 94-O-142 § 1, 1994)
The owner of any property on which an excavation or fill has
been made shall maintain in good condition and repair all retaining
walls, cribbing, drainage structures and other protective devices
including protective planting.
(Ord. 82-O-124, 1982)
Whenever the chief building official or city engineer determines
that any existing excavation or embankment or fill on private property
has become a hazard to life and limb, or endangers property, or adversely
affects the safety, use or stability of a public way or drainage channel,
the owner of the property upon which the 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 or city engineer
shall within the period specified therein repair or eliminate such
excavation or embankment so as to eliminate the hazard and be in conformance
with the requirements of this code.
(Ord. 82-O-124, 1982)
No person shall do, or cause to be done, any grading within
the city without first having obtained a permit in accordance with
this chapter. Grading permits shall be approved and issued by the
city engineer.
Whenever an application for a building permit discloses that
grading operations within the provisions of this chapter may be conducted
upon the site, the chief building official shall refer the application
to the city engineer and no building permit shall be issued until
the city engineer has issued a grading permit therefor or reported
that a grading permit is not required in accordance with this chapter.
(Ord. 82-O-124, 1982)
A grading permit shall not be required for construction of swimming
pools, wall footings, or underground structures authorized by a valid
building permit issued by the chief building official.
(Ord. 82-O-124, 1982)
A completed grading permit application shall be submitted to
the city engineer accompanied by five sets of grading plans, two copies
of preliminary soils investigation report (soil engineering report)
and two copies of engineering geology report.
(1)
Grading plans shall be prepared to comply with the regulations and criteria specified in Sections 20.40.040 and 20.40.050 in addition to the following requirements:
(A)
In format as specified by the city engineer;
(B)
Be signed by a registered civil engineer;
(C)
Show existing contour lines at one foot intervals on areas having
a cross slope of 10% or less and two foot intervals for other areas;
boundaries; lot lines; neighboring public ways; and sufficient dimensions
and other data to show location of all work;
(D)
Show sufficient grades of all adjoining properties for a minimum
distance of 15 feet to confirm drainage patterns of said properties
as will be affected by proposed grading;
(E)
Show proposed grades and rates of all drainage courses;
(F)
Show "100 Year Storm" water elevation and the designated
flood zone per United States Housing and Community Department Floodway
Boundary Map;
(G)
Show all existing and proposed retainer walls, block walls along
perimeter boundary of site and adjoining properties including grade
elevations of top of walls and top of footings;
(H)
Show existing and proposed structures and improvements on site and
within 25 feet of the site;
(I)
Identify existing trees which will not be disturbed by proposed grading;
(J)
Indicate intersections, alleys, driveways and oil wells within 100
feet of the site;
(K)
Show existing and proposed surface and subsurface drainage devices,
walls, cribs, dams and other protective devices to be constructed
with or as part of work. Calculated runoff of areas served by subsurface
drainage inlets shall be shown on the plans;
(L)
Show secondary course for sump condition drainage;
(M)
Show such other information that the city engineer or chief building
official may specify to carry out the purposes of this chapter.
(2)
Soil Engineering and Geology Report.
(A)
The soil and geology report shall be prepared by a registered civil
engineer specializing in soil mechanics and foundation engineering,
and shall clearly state that the proposed grading conforms to conservative
safe engineering practices. The soil report shall specifically discuss
the stability of all exposed slopes, both cut and fill, all required
drainage for both surface and subsurface waters, requirements for
berms on all slopes, recommended degrees of compaction for all fills,
and such recommendations as, in the opinion of the engineers, are
required by the purpose of this chapter.
(B)
Logs of all test borings, and results of all field and laboratory
tests performed during the soils investigation shall be included in
the soils report.
(3)
Exception: The city engineer or chief building official may waive
certain requirements of this section if he determines that sufficient
information exists to substantiate that the work will conform to the
purpose of this chapter.
(Ord. 82-O-124, 1982)
(a)
Plan Checking Fee. Before accepting a set of plans for checking,
the city engineer shall collect a plan checking fee as established
by city council resolution.
(b)
Issuance Fee. Before issuing any grading permit the city engineer
shall collect a permit fee as established by city council resolution.
(c)
Refund of Permit Fees. Should any fee required by this chapter be
wrongfully paid or collected, same may be refunded provided a claim
shall have been filed within six months after the day of payment of
the amount to be refunded, such claim shall include the name and address
of the claimant, the amount and date of the payment sought to be refunded,
and the reasons or grounds upon which the claim for refund is based.
Any claims shall be verified by the city engineer.
(Ord. 82-O-124, 1982; Ord. O-2007-07 § 27, 2007)
Before issuing a grading permit, the city engineer shall require
the posting of a bond guaranteeing the labor, material and faithful
performance of work and conditions specified in the approved permit
and grading plans.
In the case of subdivision grading, the surety bond required from subdividers by Chapter 22.66 may include the bonding requirement specified in this section. Said bond shall be in an amount specified by the city engineer.
The city engineer may also require the posting of a grading
warranty bond which shall normally be effective for one year after
satisfactory completion of the grading and shall be for an amount
not to exceed fifty percent of the original grading bond. The city
engineer may stipulate a longer warranty period for those developments
requiring extensive slope construction, backfill, or hillside construction.
(Ord. 82-O-124, 1982)
(a)
A grading permit may be granted, if in the opinion of the city engineer,
the proposed grading will not adversely affect the drainage or lateral
support of other properties in the area, and will not be detrimental
to the public health, safety or the general welfare. Factors to be
considered in determining probability of hazardous or unsightly conditions
shall include, but not be limited to, possible saturation by rains,
erosions, earth movements, runoff of surface waters and subsurface
conditions such as the stratification and faulting of rock, nature
and type of soil or rock, grade differentials in excess of three feet.
(b)
In granting any permit the city engineer may impose conditions which
will, in his opinion, ensure compliance with the provisions of this
chapter. All work will be performed under the provisions of the California
Contractors' License provision contained in Chapter 9 of Division
3 of the Business and Professions Code of the state of California.
Failure of the city engineer to observe or recognize hazardous or
unsightly conditions or to fail to deny the grading permit shall not
relieve the owner or his agent for responsibility for the condition
or damage resulting therefrom, and shall not result in the city, its
officers, or agents, being responsible for the conditions or damages
resulting therefrom.
(Ord. 82-O-124, 1982)
(a)
The approved grading plan shall be adhered to for all site construction
and grading. No deviations shall be implemented prior to a review
of the proposed revisions and approval by the city engineer and chief
building official.
(b)
Procedure for approval of revisions:
(1)
Submit written request for revisions to the grading plan to the city
engineer.
(2)
Submit three copies of red-lined drawings depicting proposed revisions
to the city engineer.
(3)
Proposed revision shall be reviewed by city staff for approval or
disapproval.
(4)
Approved revisions shall be incorporated onto the master copy of
the grading plan.
(5)
Three copies of the revised grading plan shall be submitted to the
city engineer.
(6)
Construction per revised grading plan shall proceed upon direction
by the city inspector.
(Ord. 82-O-124, 1982)
Every grading permit shall expire by limitation and become null
and void if the work authorized by such permit has not commenced within
ninety days or is not completed within one year from the date of issue;
except that the city engineer may, if the permit holder presents satisfactory
evidence that unusual difficulties have prevented work being started
or completed within the specified time limits, grant a reasonable
extension of time on said permit.
(Ord. 82-O-124, 1982)
In the event any person holding a grading permit pursuant to
this chapter violates the terms of the grading permit, or conducts
or carries on said grading in such a manner as to materially adversely
affect the public welfare, or the health and safety of persons residing
or working in the neighborhood of the property of the said permittee,
or shall conduct or carry on said grading so that it is materially
detrimental or injurious to property or improvements in the neighborhood,
a temporary suspension may be made effective immediately upon notification
by the city engineer or chief building official.
(Ord. 82-O-124, 1982)
No grading permit shall be revoked until a hearing is held by
the city council. Written notice of such hearing shall be served upon
the permittee, either personally or by registered mail, and shall
state:
(1)
The grounds for complaint or reasons for the revocation in clear
and concise language.
(2)
The time when, and the place where, such hearing is to be held. Such
notice shall be served at least five days prior to the date set for
hearing. At any such hearing the permittee shall be given an opportunity
to be heard and defend himself, and he may call witnesses and present
evidence in his behalf. Upon conclusion of such hearing the city council
shall determine whether the permit shall be reinstated or suspended
or revoked.
(Ord. 82-O-124, 1982)
The chief building official shall cause the inspections hereinafter
required to be made and shall either approve that portion of the work
completed or shall notify the permit holder wherein the same fails
to comply with this chapter. Where it is found by inspection that
the soil or other conditions are not as stated or shown in the soils
and geology reports, the chief building official may refuse to approve
further work until approval is obtained for a revised grading plan
conforming to the existing conditions. Plans for grading work bearing
the approval of the city engineer and chief building official shall
be maintained at the site during the progress of the grading work
and until the work has been approved. The permittee shall notify the
chief building official in order to obtain inspection in accordance
with, but not limited to, the following schedule, and at least twenty-four
hours before said inspection is to be made:
(1)
Initial inspection: when the permittee or his agent is ready to begin
work.
(2)
Completion of clearing and grubbing: when all clearing and grubbing
has been completed, and all materials removed from the site, grading
operations may begin.
(3)
Retaining and crib walls: when excavations are complete for retaining
and crib walls and when reinforcing steel is in place and before concrete
is poured.
(4)
Foundation and pad: when excavations are completed for foundation
and pad and when reinforcing steel is in place and before concrete
is poured.
(5)
Structures: any permanent installation including but not limited
to curbs, walkways, paving, drainage gutters, etc. Inspection shall
include verification of elevations and locations.
(6)
Final inspection: when all work, including installation of all drainage
and other structures, and all planting, has been completed.
(Ord. 82-O-124, 1982)
When required by the chief building official, additional inspection
of compaction of fills shall be done by a civil engineer, licensed
by the state, or other approved soil testing agency. A report, prepared
and signed by said engineer or testing agency, shall be submitted
to the building official upon completion of the work, and shall show
the following:
(1)
A contour map showing the original and finish surfaces of the areas
filled;
(2)
The soil foundation bearing value recommended on faces of the areas
filled;
(3)
A description of the materials used in the fill and procedure of
deposit and compaction, including the preparation of original ground
surface before making the fill;
(4)
A plan showing the location of tests made in the fill, together with
the 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 chapter.
(Ord. 82-O-124, 1982)
Upon completion of all grading and prior to granting of occupancy
release by the chief building official, the following shall be completed:
(1)
Civil engineer shall submit to the city engineer: an as-graded grading
plan prepared by the civil engineer including original ground surface
elevations, as-graded ground surface elevations, lot drainage patterns
and locations and elevations of all surface and subsurface drainage
facilities. He shall provide certification that the work was done
in accordance with the final approved grading plan.
(2)
Soils engineer shall submit to the city engineer:
(A)
A soil grading report prepared by the soils engineer including locations
and elevations of field density tests, 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
soil engineering investigation report. He shall provide certification
as to the adequacy of the site for the intended use.
(B)
Certification of slope construction and stability.
(C)
A geologic grading 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 approval
as to the adequacy of the site for the intended use as affected by
geologic factors.
(Ord. 82-O-124, 1982)
