This chapter imposes grading requirements in accordance with
the California Construction Codes and also addresses the requirements
of the Federal Clean Water Act (33 USC 1251 et seq.) in enacting these
regulations to comply with the National Pollution Discharge Elimination
System (hereinafter "NPDES") permit issued by the Regional Water Quality
Control Board. This code sets forth rules and regulations to control
excavation, grading and earthwork construction, including fills and
embankments, and establishes administrative requirements for issuance
of permits and approval of plans and inspection of grading construction
in accordance with the requirements for grading and excavation as
contained in the California Building Code then in effect as adopted
and modified by city ordinance as well as water quality requirements
relevant to activities subject to this chapter.
(Ord. 1593 § 2, 2022)
The following definitions shall apply in interpreting this chapter:
A written engineering or geological opinion by the responsible
engineer, geologist of record or responsible principal of the engineering
company concerning the progress and completion of the work unless
it specifically refers to the building official.
The current grading plans, which bear the stamp of approval
of the building official.
The extent of surface conditions on completion of rough or
precise grading.
In-place solid rock.
A relatively level step excavated into earth materials on
which fill is to be placed.
Earth material acquired from an off-site location for use
in grading on a site.
For purposes of this chapter only, or any reference to building
official in the California Building Code or state equivalent, shall
mean the city of Fountain Valley building official.
A professional engineer registered in the state of California
to practice in the field of civil engineering.
The application of the knowledge of the forces of nature,
principles of mechanics and the properties of materials to the evaluation,
design and construction of civil works.
The densification of a fill by mechanical means.
Any rock, natural soil or fill or any combination thereof.
A geologist certified in the state of California to practice
engineering geology.
The application of geologic knowledge and principles in the
investigation and evaluation of naturally occurring rock and soil
for use in the design of civil works.
The wearing away of the ground surface as a result of the
movement of wind, water, and/or ice.
A combination of desilting facilities, and erosion protection,
including effective planting, to protect adjacent private property,
watercourses, public facilities, and receiving waters from an abnormal
deposition of sediment or dust.
The mechanical removal of earth material.
The ground surface prior to grading.
A deposit of earth material placed by artificial means.
The final grade of the site, which conforms to the approved
precise grading plan.
See "Soils Engineer."
The vertical location of the ground surface.
Any excavating or filling or combination thereof and movement
or redistribution of material to achieve the desired rough grade or
finished grade.
A contractor licensed and regulated by the state of California
who specializes in grading work or is otherwise licensed to do grading
work.
An official document or certificate issued by the building
official authorizing grading activity as specified by approved plans
and specifications.
A designed compacted fill placed in a trench excavated in
earth material beneath the toe of a proposed fill slope.
The ground surface unaltered by artificial means.
Any person, agency, firm, or corporation having a legal or
equitable interest in a given real property.
Improvements, which remain throughout the life of the development,
include: terrace drains, slope landscaping, storm drains, etc.
A permit that is issued on the basis of approved precise
grading plans, which shows the precise structure location, finish
elevations, and related on-site improvements.
A permit that is issued on the basis of approved rough grading
plans which need not show a structure location but must show interim
building pad drainage to the degree required by the building official.
The inspection required by this code to be performed by the
civil engineer soils engineer or engineering geologist. Such inspections
include that performed by persons supervised by such engineers or
geologists and shall be sufficient to form an opinion relating to
the conduct of the work.
The stage at which the grade approximately conforms to the
approved rough grading plan.
Devices that are used primarily during construction, including
earthen berms, concrete spillways, desilting basins, etc.
Any lot or parcel of land or contiguous combination thereof,
under the same ownership, where grading is performed or permitted.
An inclined ground surface, the inclination of which is expressed
as a ratio of horizontal distance to vertical distance.
Naturally occurring superficial deposits overlying bedrock.
A civil engineer duly registered in the state of California
whose field of expertise is soil mechanics.
An engineer duly registered in the state of California experienced
and knowledgeable in the practice of soils engineering (geotechnical
engineering).
The application of the principals of soils mechanics in the
investigation, evaluation, and design of civil works involving the
use of earth materials and the inspection or testing of the construction
thereof.
Any permits issued by a local, state, or federal regulatory
agency regulating storm water flow over and from any project subject
to this chapter including, but not limited to, NPDES permits and state
general permits.
Devices that are removable, including: sandbags, gravel bags,
plastic sheeting, silt fencing, straw bales, and similar items.
A relatively level step constructed in the face of a graded
slope surface for drainage and maintenance purposes.
The requirements relevant to activities that are subject
to this chapter found in the water quality ordinance, the DAMP, and
guidance documents included in the DAMP, as well as requirements relevant
to the activities that are subject to this chapter found in storm
water permits.
(Ord. 1593 § 2, 2022)
The city does hereby adopt those standards set forth in Appendix
Chapter J of the 2016 California Building Code.
(Ord. 1593 § 2, 2022)
To obtain a grading permit, the applicant must first file an
application in writing on a form furnished by the building official.
The permit application shall be accompanied by information required
by the building official. Each application for a grading permit shall
be accompanied by a plan prepared by a licensed engineer in sufficient
clarity to indicate the nature and extent of the work. The plans shall
give the location of the work, the name of the owner, and the name
of the person who prepared the plan. The plan shall include the following
information:
(a)
General vicinity of the proposed site;
(b)
Limiting dimensions and depth of cut and fill; and
(c)
Location of any buildings or structures where work is to be performed
and, the location of any buildings or structures within fifteen feet
(four thousand five hundred seventy-two mm) of the proposed grading.
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Prior to the approval of any building or grading plans and specifications,
the building official, or authorized representative, may inspect the
site to determine that the plans and specifications are current and
reflect existing conditions. Applications for which no permit is issued
within one hundred eighty days following the date of application shall
expire and plans submitted for checking may thereafter be returned
to the applicant or destroyed by the building official. The building
official may extend the time for action by the applicant for a period
not exceeding one hundred eighty days upon written request by the
applicant showing that circumstances beyond the control of the applicant
have prevented action from being taken. In order to renew action for
an application after expiration, the applicant shall resubmit plans
and pay a new plan check fee.
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(Ord. 1593 § 2, 2022)
(a)
The building official shall not issue a permit where the work as
proposed by the applicant will be in violation of this chapter or
is likely to constitute a hazard to property or result in the deposit
of debris on any public way or interfere with any existing drainage
course. If it can be shown to the satisfaction of the building official
that the hazard can be essentially eliminated by the construction
of retaining structures, drainage devices or by other means, the building
official may issue the permit with the condition that such work be
performed.
(b)
If, in the opinion of the building official, the land area for which
grading is proposed is subject to geological or flood hazard to the
extent that no reasonable amount of corrective work can eliminate
or sufficiently reduce the hazard to human life or property, the grading
permit and the building permits for habitable structures shall be
denied.
(c)
The building official may require plans and specifications to be
modified in order to mitigate anticipated adverse environmental effects
of proposed grading projects and may, under circumstances where the
significant adverse environmental effects of a proposed project cannot
be mitigated, deny the issuance of a grading permit.
(d)
The building official may require plans and specifications to be
modified in order to make them consistent with the general plan, any
specific plan zoning code water quality requirements, or other rules
regulations or conditions applicable to the project. The grading permit
may be denied if the proposed project cannot be designed in accordance
with these rules, regulations or conditions.
(Ord. 1593 § 2, 2022)
Application for a grading permit shall be accompanied by two
sets of plans and specifications, and supporting data consisting of
a soils engineering report and engineering geology report. The plans
and specifications shall be prepared and signed by an individual licensed
by the state to prepare such plans and specifications when required
by the building official. Specifications shall contain information
conveying construction and material requirements. Plans shall be drawn
to scale in ACAD last edition format upon twenty-four by thirty-six-inch
substantial paper or cloth and shall be of sufficient clarity to indicate
the nature and extent of the work proposed and show in detail that
they will conform to the provisions of this code and all relevant
laws, ordinances, rules, and regulations. The first sheet of each
set of plans shall give location of the work, the name and address
of the owner, and the person by whom they were prepared. The plans
shall include the following information:
(a)
General vicinity of the proposed site;
(b)
Property limits and accurate contours of existing ground and details
of terrain and area drainage;
(c)
Limiting dimensions, elevations, or finish contours to be achieved
by the grading, and proposed drainage channels and related construction;
(d)
Detailed plans and elevations of all surface and subsurface drainage
devices, walls, cribbing, dams, and other protective devices to be
constructed with, or as part of, the proposed work, together with
a map showing the drainage area and the estimated runoff of the area
served by any drains;
(e)
Location of any buildings or structures on the property where the
work is to be performed and the location of any buildings or structures
on land of adjacent owners that are within fifteen feet (four thousand
five hundred seventy-two mm) of the property, or that may be affected
by the proposed grading operations;
(f)
Recommendations included in the soils engineering report and the
engineering geology report shall be incorporated in the grading plans
or specifications. When approved by the building official, specific
recommendations contained in the soils engineering report and the
engineering geology reports, which are applicable to grading, may
be included by reference; and
(g)
The dates of the soils, engineering, and engineering geology reports
together with the names, addresses, and phone numbers of the firms
or individuals who prepared the reports.
(Ord. 1593 § 2, 2022)
The soils engineering report required by Section 18.06.130 of this chapter shall include data regarding the nature, distribution and strength of existing soils, conclusions, and recommendations for grading procedures and design criteria for corrective measures, including buttress fills, when necessary, and opinion on adequacy for the intended use of sites to be developed by the proposed grading as affected by soils engineering factors, including the stability of slopes.
(Ord. 1593 § 2, 2022)
The engineering geology report required by Section 18.06.130 of this chapter shall include an adequate description of the geology of the site conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinion on the adequacy for the intended use of sites to be developed by the proposed grading, as affected by geologic factors.
(Ord. 1593 § 2, 2022)
The building official may require a geotechnical investigation
when, during the course of an investigation, any of the following
conditions are discovered, the report shall address the potential
for liquefaction:
(a)
Shallow ground water, fifty feet (fifteen thousand two hundred forty
mm) or less;
(b)
Unconsolidated sandy alluvium;
(c)
Seismic Zones D and E; or
(Ord. 1593 § 2, 2022)
The city adopts the erosion control provisions imposed by the
NPDES permit, including the following:
(a)
The project site shall be prepared and maintained to control against
erosion in accordance with this chapter. Where cut slopes are not
subject to erosion due to the erosion-resistant character of the materials,
such protection may be omitted upon approval by the building official
and/or director of public works.
(b)
Where necessary, temporary, and/or permanent erosion control devices
such as desilting basins, check dams, riprap, or other devices, as
approved by the building official and/or director of public works,
shall be employed to control erosion and provide safety.
(c)
Paved streets, sidewalks, and other improvements shall be maintained
in a neat and clean condition free of loose soil, construction debris,
and trash. Street sweeping using a vacuum sweeper or other equally
effective means shall be used on a regular basis to prevent storm
flows from carrying sediment and debris outside the project boundaries.
(d)
Unless otherwise approved by the building official and/or director
of public works, the owner shall be required to retain a civil engineer
who will be responsible for the design of all erosion control improvements
and initial approval of the installation of permanent and semi-permanent
erosion control devices during each rainy season until the work authorized
by the permit is given final approval. The owner shall retain the
civil engineer to periodically review the field condition and modify,
as needed, the design of the permanent and semi-permanent erosion
control devices during the rainy season. Installation and maintenance
of all erosion control devices shall be the responsibility of the
owner.
(e)
Desilting facilities shall be provided at drainage outlets from the
graded site where necessary.
(f)
Desilting basins constructed of compacted earth shall be compacted
to a relative compaction of ninety percent of maximum density. A soil
engineering report, prepared by the soil engineer, which includes
the type of field-testing performed, location, and results of testing
shall be submitted to the building official and/or director of public
works for approval upon completion of the desilting basins.
(g)
Equipment and workers for emergency work shall be made available
at all times. Necessary materials shall be available on-site and stockpiled
at convenient locations to facilitate rapid construction of temporary
devices when rain is imminent.
(h)
Erosion protection shall consist of effective planting of all slopes
in excess of five feet high unless otherwise approved by the building
official and/or director of public works. Protection for the slopes
shall be installed as soon as practicable which may be prior to rough
grade approval. Effective planting shall be installed, fully germinated,
and effectively cover the required slopes prior to final approval
unless otherwise approved by the building official and/or director
of public works.
(i)
The erosion-control provisions shall take into account drainage patterns
during the current and future phases of grading.
(j)
All removable protective devices shown shall be in place at the end
of each working day when the five-day rain probability forecast exceeds
forty percent.
(k)
Graded areas around the tract perimeter must drain away from the
face of slopes at the conclusion of each working day.
(l)
Any violation of an applicable federal or state-issued stormwater permit, or failure to conform to the city's water quality ordinance, including, but not limited to, the stormwater regulations set forth in Chapter 14.40 of this code, or failure to comply with stormwater related provisions of a grading permit or of a grading plan prepared to secure such a permit, is a violation of this chapter.
(Ord. 1593 § 2, 2022)
(a)
After each rainstorm, silt and debris shall be removed from check
berms and desilting basins and the basins pumped dry.
(b)
After each rainstorm, the performance of the erosion control system
shall be evaluated, revised, and repaired as necessary.
(c)
Devices shall not be moved or modified without the approval of the
building official and/or director of public works.
(d)
The contractor shall be responsible and shall take necessary precautions
to prevent public trespass onto areas where impounded water creates
a hazardous condition.
(e)
The contractor, permittee, or project owner shall be responsible
for continual maintenance of the devices. In the event of failure
or refusal by the contractor, permittee, or project owner to properly
maintain the devices, the building official may cause emergency maintenance
work to be done to protect adjacent private and public property and
environmental resources. The cost shall be charged to the owner and
shall include an initial mobilization cost plus the cost of doing
the work, including salaries, equipment, and materials.
(f)
In the event the building official must cause emergency maintenance
work to be done, he or she may revoke the grading permit in writing.
The permit shall not be renewed until an erosion control system and/or
other systems necessary to comply with water quality requirements
approved by the director are installed.
(g)
If any grading subject to Section 18.06.040 of this chapter has commenced on private property without a valid grading permit, the property owner may be required to prepare and implement an erosion control plan which has been approved by the building official. In the event of failure by the property owner to install an approved erosion control system and/or other systems necessary to comply with the city's water requirements, the building official may cause emergency work to be done to protect adjacent private and public property. The procedures of this section shall apply for emergency erosion control work and emergency work necessary to protect environmental resources. The cost shall be charged to the owner.
(Ord. 1593 § 2, 2022)
(a)
Grading operations for which a permit is required shall be subject
to inspections by the building official. Professional inspection of
grading operations shall be provided by the professional listed hereafter.
(b)
It shall be the responsibility of the permittee to be knowledgeable
of the conditions and/or restrictions of the grading permit as outlined
in this code and as contained on the approved grading plans. The permittee
shall also maintain in an accessible location on the site, a copy
of the approved grading plan.
(c)
All permits, waivers, or exemptions issued hereunder shall be deemed
to include the provisions that the permittee, his or her agents, contractors,
and employees shall carry out the proposed work in accordance with
the approved plans and specifications and in accordance with any applicable
water quality requirements prepared and maintained pursuant to federal,
state, or city regulation, and in compliance with all requirements
of the permit and this chapter. Failure to carry out the work in accordance
with approved plans and specifications, the applicable water quality
requirements, and in compliance with all requirements of the permit
and this chapter shall be a violation of this chapter.
(d)
The engineering geologist's area of responsibility shall include,
but need not be limited to professional inspection and written approval
of the adequacy of natural ground for receiving fills, the stability
of cut slopes with respect to geological matters, and the need for
sub drains or other groundwater drainage devices. The engineering
geologist shall report his or her finding to the soil engineer and
the civil engineer for engineering analysis.
(e)
The soil engineer's area of responsibility shall include, but need
not be limited to the professional inspection and approval concerning
this preparation of ground to receive fills, testing for required
compaction, stability of all finish slopes, and design of buttress
fills, subdrain installation, and incorporation of data supplied by
the engineering geologist. The soils engineer shall also provide professional
inspection within such engineer's area of technical specialty, which
shall include observation during grading and testing for required
compaction. The soils engineer shall provide sufficient observation
during the preparation of the natural ground and placement and compaction
of the fill to verify that such work is being performed in accordance
with the conditions of the approved plan and the appropriate requirements
of this chapter. Reapproved recommendations relating to conditions,
differing from the approved soils engineering and engineering geology
reports shall be submitted to the permittee, the building official,
and the civil engineer.
(f)
It shall be the responsibility of the civil engineer, architect,
or other qualified individual who prepares the grading plan approved
by the building official or the building official's designee to incorporate
all recommendations from the soils engineering and engineering geology
reports into the grading plan. He or she shall also be responsible
for the professional inspection and approval of the grading within
his or her area of technical specialty. This responsibility shall
include but need not be limited to inspection and approval as to the
establishment of line grade and drainage of the development area.
The project civil engineer and/or general contractor shall act as
the coordinating agent in the event the need arises for liaison between
the project professional, grading contractor and the director. The
civil engineer or other qualified person who prepares and signs the
grading plan shall control plans and the submission of as-graded grading
plans when required by the building official upon completion of the
work.
(g)
The permittee shall notify the building official prior to any clearing,
brushing, or grubbing and when the grading operations are ready for
inspection.
(h)
If the building official finds that the soil or other conditions
are not as stated in the approved plans and soil or geology reports,
he or she may, using reasonable judgment, refuse to allow further
work until approval is obtained for a revised grading plan which will
conform to the conditions.
(i)
No person shall conduct any grading, clearing, brushing, or grubbing
on natural or existing grade that is preparatory to grading without
first having obtained a grading permit from the city. Exemptions to
this requirement are as provided in this chapter or as otherwise determined
by the building official.
(Ord. 1593 § 2, 2022)
Upon completion of the rough grading work and at the final completion
of the work, the following reports and drawings and supplements thereto
are required for engineered grading or when professional inspection
is performed for regular grading, as applicable.
(a)
An as-built grading plan prepared by the civil engineer showing original
ground surface elevations, as-graded ground surface elevations, lot
drainage patterns, and the locations and elevations of surface drainage
facilities and of the outlets of subsurface drains. As-constructed
locations elevations and details of subsurface drains shall be shown
as reported by the soils engineer. Civil engineers shall state that
to the best of their knowledge the work within their area of responsibility
was done in substantial conformance with the final approved grading
plan.
(b)
A report prepared by the soils engineer retained to provide such
services, including locations and elevations of field density tests,
summaries of field and laboratory tests, other substantiating data,
and comments on any changes made during grading and their effect on
the recommendations made in the approved soils engineering investigation
report. Soils engineers shall submit a statement that to the best
of their knowledge, the work within their area of responsibilities
is in accordance with the approved soils engineering report and applicable
provisions of this chapter.
(c)
A report prepared by the engineering geologist retained to provide
such services including a final description of the geology of the
site and any new information disclosed during the grading and the
effect of same on recommendations incorporated in the approved grading
plan. Engineering geologists shall submit a statement that, to the
best of their knowledge, the work within their area of responsibility
is in accordance with the approved engineering geologist report and
applicable provisions of this chapter.
(d)
The grading contractor shall submit in a form prescribed by the building
official a statement of conformance to said as-built plan and specifications.
(Ord. 1593 § 2, 2022)
The permittee shall notify the building official when the grading
operation is ready for final inspection. Final approval shall not
be given until all work including installation of all drainage facilities
and their protective devices and all erosion-control measures have
been completed in accordance with the final approved grading plan,
and the required reports have been submitted.
(Ord. 1593 § 2, 2022)
Whenever the building official 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 building official, shall within the
period specified therein repair or eliminate such excavation or embankment
to eliminate the hazard and to be in conformance with the requirements
of this code.
(Ord. 1593 § 2, 2022)
The city council shall establish, by resolution, fees for the
administration of this chapter.
(Ord. 1593 § 2, 2022)
Any condition in violation of the prohibitions of this chapter,
including but not limited to the maintenance or use of any illicit
connection or the occurrence of any prohibited discharge shall constitute
a threat to the public health safety and welfare, and is declared
and deemed a nuisance pursuant to Government Code Section 38771. At
the request of the director of public works, the enforcing attorney
may seek a court order to enjoin and/or abate the nuisance.
(Ord. 1593 § 2, 2022)
Any person who negligently or knowingly violates any provision
of this chapter, undertakes to conceal any violation of this chapter,
continues any violation of this chapter after notice thereof, or violates
the terms, conditions, and requirements of any permit issued pursuant
to this chapter, shall be guilty of a misdemeanor punishable by a
fine of not more than one thousand dollars or by imprisonment for
a period of not more than six months, or both. Each day in which a
violation occurs and each separate failure to comply with either a
separate provision of this chapter, a notice of noncompliance, an
administrative compliance order, a cease-and-desist order, or a permit
issued pursuant to this chapter, shall constitute a separate violation
of this chapter punishable by fines or sentences issued in accordance
herewith.
(Ord. 1593 § 2, 2022)
