The regulations contained in this chapter may be known and referred
to as the "Excavation and Grading Code."
(Ord. 95-04 § 2, 1995)
The purpose of this chapter is to establish minimum standards
to safeguard life, limb, health and property, to control erosion and
flood damage, and to promote public welfare, by regulating and controlling
the design, construction, quality of materials, use, location and
maintenance of grading, excavations and fills.
(Ord. 95-04 § 2, 1995)
The permissive provisions of this chapter shall not be presumed
to waive any limitations imposed by other statutes or ordinances of
the state or city.
(Ord. 95-04 § 2, 1995)
The word "person" as used in this chapter means and includes
any individual person, firm, corporation, association, partnership,
public agency, public district or municipal corporation, but shall
not include the county of Santa Barbara, the city, the state of California,
or the United States.
(Ord. 95-04 § 2, 1995)
For the purpose of this chapter certain terms shall be defined
as follows:
"Applicant"
means a person, partnership, corporation or public agency
applying for a city permit.
"Approved"
means reviewed and found to be in substantial compliance
with requirements of this chapter and the applicable uniform codes.
"Bench"
means a relatively level step excavated into earth material
on which fill may be placed. Usually a mid-slope drainage device.
"Building"
means any structure used by the public, used as a primary
place of employment, used for human habitation, used for storage;
or any enclosed barn which is over 6,000 square feet in size.
"Borrow"
means earth material acquired from an off-site location for
use in grading on a site.
"Certification"
means the attestation of a licensed professional that, based
upon the appropriate level of observation and testing, and in accordance
with applicable principles of the professional's training, background
and experience, the work in question has been completed and performed
in conformity with the plans and specifications approved and the provisions
of this chapter.
"City engineer"
means that person charged with the responsibility of coordinating
all phases of engineering for the city government. He shall be the
custodian of and responsible for all maps, plans, profiles, field
notes and other records and memoranda belonging to the city and pertaining
to his or her office and work thereof. It shall also be his or her
responsibility to enforce all state regulations, ordinances, policies,
standards, etc., pertaining to his or her office and work and to delegate
authority and responsibilities to subordinates under his or her jurisdiction.
"Civil engineer"
means a civil engineer duly registered by the state of California
who makes tract layouts for subdivisions and furnishes the necessary
control to achieve the proper angle of cut and fill slopes, the necessary
drainage provisions, street and curb grades, storm drain design and
other matters related to the geometric finish of subdivisions, shopping
centers, condominiums, etc.
"Compaction"
means the densification of a fill by mechanical means.
"Continuous"
means nearly full-time visual observation of equipment and
materials used therein, sufficient to permit the engineer to render
a professional opinion as to the contractor's conformance with the
engineer's recommendations, plans, or specifications.
"Director of public works"
means that person charged with the responsibility of coordinating
all phases of administration determining policy and procedures and
directing the work of subordinates within the various divisions encompassed
with the department of public works.
"Engineering geologist"
means a geologist, duly licensed, qualified and capable of
applying the geological sciences to engineering practice for the purpose
of assuring that the geological features affecting the location, design,
construction, operation and maintenance of engineering works are recognized
and adequately provided.
"Existing grade"
means the vertical location of the existing ground surface
prior to excavating or filling.
"Fill"
means deposits of soil, rock, or other materials placed by
man.
"Finished grade"
means the final grade or elevation of the building site,
slope or terrace.
"Periodic"
means intermittently throughout the course of the project.
"Rough grades"
means the approximate elevation of the ground surface conforming
to within two-tenths of that of the proposed design grade.
"Site"
means any lot or parcel of land or contiguous combination
thereof, under the same ownership where grading is performed or permitted.
"Soil"
means all earth material, of whatever origin, that overlies
bedrock.
"Soils engineer" or "geotechnical engineer"
means a civil engineer duly registered by the state of California
who is experienced in soils mechanics and slope stability analysis.
Primary duties shall encompass the investigation of proposed grading
sites and tracts as related to the stability of the finished graded
product. The soils engineer shall have proper laboratory facilities
available in which to perform any and all testing required to properly
evaluate materials under consideration.
(Ord. 95-04 § 2, 1995)
A grading permit shall not be required in the following exceptions,
but in all other respects the provisions of this chapter shall apply:
A. An
excavation or fill which does not exceed three feet in vertical depth
at its deepest point, measured from the natural ground slope, and/or
30 cubic yards of material moved in any 12 month period. The exception
shall not affect the applicability of this chapter to, or the requirement
of a grading permit for, any fill made with the material from such
excavation;
B. An
excavation below finished grade for tanks, vaults, basements, swimming
pools, or footings of a building or structure authorized by a valid
building permit. This exception does not apply to any fill using materials
removed from such excavation.
(Ord. 95-04 § 2, 1995)
Applications for grading permits shall be filed with the city
engineer on forms furnished by the city and shall be accompanied by
or include:
A. A description
of the land on which the proposed work is to be done, by lot, block,
tract, and street address or by similar description;
B. A plot
plan to scale (1″:40′ or larger) showing property boundaries
with dimensions, legend identifying all symbols and abbreviations,
location of existing buildings and structures on the property and
within 15 feet of the boundaries thereof, adjoining streets or easements,
present contours and proposed contours (minimum two-foot interval)
after completion of grading and details of proposed drainage structure,
pipelines, walls and cribbing, and plans for final disposition of
all surface waters;
C. Quantity
and type of material to be graded, excavated or filled;
D. Purpose
of grading, excavation or fill;
E. Source
of material to be used for fill and/or location to which excavation
material will be removed;
F. A statement
of starting and completion dates;
G. A statement
describing routes for hauling material, hours of work and methods
of controlling dust;
H. Name
and address of person responsible for the correctness of work done
under the permit and for requesting inspections;
I. Plans
and specifications when required herein;
J. Specifications
for erosion and dust control;
K. List
of plantings to be installed.
(Ord. 95-04 § 2, 1995)
Grading permits shall expire and become null and void if the
work authorized under such permit is not commenced within 120 days
or is not completed within one year of the date of issue, except that
prior to expiration of the permit, the city engineer may grant a reasonable
extension of time upon showing of evidence that unusual difficulties
have prevented start or completion of the work within the time limits
specified.
(Ord. 95-04 § 2, 1995)
If a permit is denied or revoked under Section
17.01.120, the applicant may appeal to the council. Such appeal must be in writing and set forth the reason for the denial or revocation of the permit and the ground for appeal, and must be accompanied by a full and correct copy of the applicant's application for such permit. The appeal shall be filed with the council or with the city clerk. After receipt of the written appeal, the city clerk shall set a date for hearing thereon and cause the applicant to be notified of the time and place for such hearing. At the hearing on such appeal, the applicant or licensee shall present competent evidence and proof that the work proposed to be done can and will be done in compliance with the terms and requirements of this chapter and of any other chapter or laws applicable. The council may hear any other pertinent evidence and make any investigations and require any other reports and evidence which the council may consider pertinent in the matter. After such hearing and making any investigations it deems necessary, if the council finds and determines that the excavation proposed may be in compliance with the terms of this chapter and any other chapters or laws applicable and in such a manner that the resulting excavation or fill will not unreasonably endanger life or property, the council may impose any reasonable condition and order the city engineer to issue such permit, to reinstate such permit upon compliance by the permittee of all conditions imposed.
(Ord. 95-04 § 2, 1995)
The applicant for a grading permit shall file a performance
bond, prior to the issuance of any grading permit. In lieu of the
bond, the applicant may make a deposit of cash or of a certified check
or cashier's check.
(Ord. 95-04 § 2, 1995)
The amount of the bond or deposit shall be fixed by the city
engineer. He shall set the same in a sum sufficient to insure prompt
completion of the entire excavation project within specified time
limits and in compliance with plans and specifications therefor.
(Ord. 95-04 § 2, 1995)
Every bond posted and every deposit made pursuant to this chapter
shall be conditioned as follows:
A. That
all work will be done in accordance with approved plans and specifications
and in compliance with all terms and conditions of the grading permit;
B. That
all work will comply with provisions of this chapter and all other
applicable laws and ordinances;
C. That
all maintenance shall be performed for the period of time determined
by the city engineer and made a condition of the grading permit;
D. The
surety consents to any extension of time granted the permittee by
the city engineer.
(Ord. 95-04 § 2, 1995)
Any contractor or other person engaged in continuous or repeated
excavations may post a blanket bond or a blanket deposit in an amount
sufficient to insure prompt completion of all excavation projects
being conducted at any one time. If the number or amount of excavation
projects exceeds the amount of the bond or deposit, the city engineer
may require an additional bond or deposit to insure completion of
all work being done at any one time.
(Ord. 95-04 § 2, 1995)
The permittee and his or her agents shall carry out the proposed
grading in accordance with approved plans and specifications, the
conditions of the permit and with the requirements of this chapter.
The permittee and his or her agents shall maintain all required protective
devices and temporary drainage during the progress of the grading
work and shall be responsible for observance of hours of work, dust
controls and methods of hauling. The permittee or his or her agents
shall be responsible for maintenance of the site until such time as
a certificate or notice of completion has been granted by the city
engineer. The permittee, his or her agents, and each or all of them
shall become subject to the penalties set forth in this chapter in
the event of failure to comply with this chapter and other applicable
laws of the city. No approval shall exonerate the permittee or his
or her agents from the responsibility of complying with the provisions
and intent of this chapter. If at any time it is determined by the
city engineer that material has been spilled upon city streets during
the course of hauling material from the site by the permittee, the
city engineer shall immediately notify the permittee to remove the
material from the city streets and to clean the city streets, including
the sweeping thereof. If such material is not removed and the city
streets cleaned within 48 hours after receiving such notice, the city
engineer may cause the street to be cleaned by city forces at the
expense of the permittee.
(Ord. 95-04 § 2, 1995)
The city engineer may authorize work done under supervision
of a registered civil engineer retained by the owner or the permittee,
and accept such certifications by such engineer as will insure that
the work was done in accord with the provisions of the permit and
of this chapter.
(Ord. 95-04 § 2, 1995)
The city engineer may issue a stop-work order if, at any time
during progress of the work it appears that public or private property
is endangered and may impose special precautions to be followed as
a condition for continuance of the work. Such special precautions
may include, but shall not be limited to, flatten exposed slopes,
additional drainage facilities, berms, terracing, compaction, cribbing
and retaining walls.
(Ord. 95-04 § 2, 1995)
The council may enact rules and regulations not in conflict
herewith to accomplish the purpose and intent of this chapter.
(Ord. 95-04 § 2, 1995)