Prior to any fill being placed on a lot a grading permit shall
be approved by the City Planning, Building and Engineering Departments.
(Ord. 398 § 1 [Exhibit A],
1997)
No excavation shall be made with a cut face steeper than one
and one half (1 1/2) horizontal to one vertical, and no fill shall
be made with slopes steeper than two (2) horizontal to one (1) vertical,
unless permitted by the Building Director upon the written recommendation
of the Soils Engineer, showing his investigation, tests and calculations,
together with his opinion as to the degree of cut or fill slopes that
he believes can be safely constructed.
(Ord. 48 § 4 (A), 1969)
No cut or fill slopes shall be constructed over twenty feet
(20') in height unless permitted by the Building Director upon
the written recommendation of the Soils Engineer showing his investigation,
tests and calculations, together with his opinion that such slopes
will be stable with a factor of safety of at least 1.5.
(Ord. 48 § 4 (B), 1969)
The finished grading plan shall show in detail the proposed
drainage plan for the area and shall be subject to the approval of
the Building Director, the Riverside County Flood Control and Water
Conservation District or the Coachella Valley County Water District,
and the Road Commissioner.
(Ord. 48 § 4 (C), 1969)
There shall be at least one (1) terrace not less than five feet
(5') in width constructed in all cut or fill slopes greater
than twenty feet (20') in height, and in all cut or fill slopes
where a Soils Engineer determines that the soil structure requires
such terraces. The terraces shall be constructed so that surface drainage
will be collected in a lined gutter or similar device located at the
toe of the slope which terminates in the terrace. Water shall be carried
laterally in the terraces to a catch basin or similar structure designed
to collect surface drainage, and then be carried in a culvert or similar
structure designed to take such water to the nearest practical street,
storm drain or natural watercourse.
The Building Director may approve alternate protection, in place
of terraces, upon the recommendation of the Soils Engineer.
(Ord. 48 § 4(D), 1969)
No fill shall be permitted on a residential lot in the City
when the fill causes the elevation of the lot to exceed six inches
(6") above the crown of the adjoining paved street, measured
at the highest point of the crown determined by extending the side
yard property lines of the lot to intersect the crown of the adjoining
paved street. Fill may be increased to a maximum of eighteen inches
(18") above the crown of the paved street if it is determined
by the City Engineer that no other method of alleviating a drainage
problem on the lot is reasonably available, i.e. area drains, drywells,
etc. Exceptions to the fill limits are subject to the following:
(a) Exception Requirements. Exceptions may be granted by the Director
of Community Development under the following guidelines:
(1) Property owner must submit a letter requesting an exception to these
provisions and submit a full description and drawings as appropriate
for the proposed project prepared by a civil engineer.
(2) Proof of Title to all the property contained in the application.
(3) The tract/lot in question has no approved grading plan.
(4) The lot in question does not adversely affect contiguous property.
(5) Adjoining property owner(s) and Home Owners Association (HOA), if
applicable, consent in writing that the proposed exception to the
grading ordinance is acceptable.
(6) The residential structure shall not exceed any of the applicable
height standards defined by the Municipal Code calculated from the
existing grade prior to fill.
(7) A deposit/fee as required by City Council resolution.
(8) A letter of justification describing how the project meets the required findings of Section
18.12.050(d).
(b) Application - Notice Requirements. All Exceptions shall be considered
a nonpublic hearing matter and are not subject to the public noticing
requirements of the
Government Code Section. However, applications
for adjustment shall include a list of all abutting property owners
of the exterior boundaries of the subject property and those additional
properties deemed advisable by the Director of Community Development.
The list shall be keyed to a map showing the location of these properties.
The properties that may be most affected will be noticed by mail and
allowed an opportunity to provide input in favor or against the requested
exception.
(c) Appeal Process. The decision of the Director of Community Development may be appealed in accordance with Section
21.06.110 (Appeals) of the Municipal Code.
(d) Required Findings. The following findings must be made to approve
an Exception:
(1) The strict application of this Grading Ordinance deprives the property
of privileges enjoyed by other property in the vicinity and under
identical zoning classification because of special circumstances applicable
to the property, including size, shape, topography, location, or surroundings.
(2) The granting of the Exception will not be detrimental to the public
health, safety or welfare, or materially injurious to properties or
improvements in the vicinity.
(3) The granting of the Exception does not constitute a grant of special
privileges inconsistent with the limitations upon other properties
in the vicinity and same zoning classification.
(4) The granting of the Exception does not authorize a use or activity
that is not otherwise expressly authorized by the zone regulation
governing the parcel of property.
(Ord. 48 § 4(E), 1969; Ord. 48.1 § 1, 1970; Ord. 119 § 1, 1976; Ord. 241 § 1, 1988; Ord. 398 § 2 Exh. A, 1997)
No permit shall be granted, including permits for streets, in
any area where the difference in elevation between the high point
of the property and the low point of the property is in excess of
ten feet (10') vertical distance, unless design approval for
the application is granted by the Planning Commission.
(Ord. 48 § 4(F), 1969; Ord. 48.1 § 2, 1970)
Except for single existing residential lots, no permit to grade,
excavate or fill shall be issued prior to review and approval of the
grading plan by the Planning Commission. A tentative grading plan
shall be submitted at the same time as the tentative tract or parcel
map. The applicant shall also be required to provide any additional
information or exhibits necessary to clearly represent the grading
plan and its implications. Design approval by the Planning Commission
for a permit shall be based on the arrangement, character, extent,
width, grade and location of all roads and lots which shall be considered
in relation to the topographical condition to adjoining lots, to existing
and planned streets, to public safety and convenience, and to aesthetic
considerations and their appropriate relation to the proposed uses
of the land.
(Ord. 48 § 4(G), 1969; Ord. 48.1 § 2, 1970; Ord. 155, 1978)
Prior to the granting of final approval, the applicant shall
have furnished a bond in the amount approved by the City Manager for
the ultimate installation of the following:
18.12.080(a) Monuments. Monuments shall be placed at all block
corners, angle points, points of curves in streets, and at intermediate
points as required by the City Engineer;
18.12.080(b) Surfacing. All streets shall be surfaced in accordance
with applicable standard specifications of the City; and
18.12.080(c) Curbs, Gutters and Drainage. Curbs, gutters and
drainage structures when required by the City shall be provided in
accordance with standard specifications of the City.
(Ord. 48 § 4 (H), 1969; Ord. 48.1 § 2, 1970)