This chapter establishes standards for the preparation of sites and construction activities to protect the health, safety and general welfare of the public by protecting against unwarranted or unsafe grading, drainage works or other aspects of site development as follows:
A. 
To establish standards and procedures for grading and excavation so as to minimize hazards to life and limb, protect against erosion, maintain the natural environment, and protect the safety, use and stability of public rights-of-way and drainage channels;
B. 
To assure that projects approved under this chapter will be free from harmful effects of runoff, including inundation and erosion, and that neighboring and downstream properties will be protected from drainage problems resulting from new developments; and
C. 
To assure proper restoration of vegetation and soil systems disturbed by grading or fill activities authorized under this chapter. It is intended through this chapter to maintain an attractive and healthy landscape and to control against dust and erosion and their consequent effects on soil structure and water quality.
(Ord. 88-20 § 1)
This chapter sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments; establishes the administrative procedure and standards for issuance of permits; and provides for approval of plans and inspection of grading construction.
(Ord. 88-20 § 2)
This chapter and the requirement to obtain a grading permit shall apply to all grading activity proposed to be commenced after the effective date of the ordinance codified in this chapter, even though the proposed development may have previously been approved by the city by way of a tentative map, rezoning, use permit or other permit or entitlement for use. Similarly, the existence of a subdivision improvement agreement, owner participation agreement or other agreement between the city and the landowner or developer shall not excuse compliance with this chapter, unless expressly provided by the terms of such agreement.
(Ord. 88-20 § 21(a))
A. 
The adoption of the ordinance codified in this chapter is not intended to repeal or replace Chapter 70, "Excavation and Grading," of the Uniform Building Code as adopted by the city. Rather, this chapter shall supplement Chapter 70 of the Uniform Building Code.
B. 
If any irreconcilable inconsistency exists with the provisions of this chapter and Chapter 70 of the Uniform Building Code, the provisions of this chapter shall govern.
(Ord. 88-20 § 20)
For the purpose of this chapter, the definitions in this section shall be construed as follows:
"As-graded"
means the surface conditions existing on completion of grade.
"Bedrock"
means in place, solid rock.
"Bench"
means a relatively level slope excavated into earth material on which fill is to be placed.
"Borrow"
means earth material acquired from an off-site location for use in grading on a site.
"Certification"
means a written confirmation concerning the completion of the work.
"City council"
means the city council of the city of West Sacramento.
"City manager"
means the city manager of the city or designee.
"Civil engineer"
means a professional engineer registered in the state to practice in the field of civil engineering.
"Clearing"
means the removal of surface vegetation and debris.
"Compaction"
means the densification of a fill by mechanical means.
"Earth material"
means any rock, natural soil or fill and/or any combination thereof.
"Engineering geologist"
means a geologist experienced and knowledgeable in engineering geology.
"Erosion"
means the wearing of the ground surface as a result of movement of wind, water and/or ice.
"Excavation"
means the mechanical removal of earth material.
"Existing grade"
means the grade prior to grading.
"Fill"
means a deposit of earth material placed by artificial means.
"Finished grade"
means the final grade of the site which conforms to the approved plan.
"Grade"
means the vertical location of the ground surface relative to known elevation.
"Grading"
means any excavation or fill or combination thereof.
"Planning commission"
means the planning commission of the city.
"Rough grade"
means the stage at which the grade approximately conforms to the approved plan.
"Site"
means any lot or parcel of land or contiguous combination thereof, under the same ownership where grading is performed, proposed or permitted.
"Slope"
means an inclined ground surface the inclination of which is expressed as a ratio or horizontal distance to vertical distance.
"Soil"
means naturally occurring surficial deposits, overlaying bedrock.
"Soil engineer"
means a professional engineer registered in the state to practice in the field of soil engineering.
"Soil engineering"
means the application of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof.
(Ord. 88-20 § 6; Ord. 95-1 § 1 (part))
Unless exempted under Section 15.08.060, no person shall perform any grading without first obtaining a grading permit from the city manager or designee. A separate permit shall be required for each site and may cover both excavations and fills.
(Ord. 88-20 § 7(a); Ord. 95-1 § 1 (part))
The following activities are exempt from the requirement to obtain a grading permit, unless such activity may endanger adjacent property; cause increased erosion, sedimentation and rate of water runoff; direct or impair the flow of water within a watercourse; or cause a public nuisance:
A. 
An excavation below finished grade for swimming pools, basements, footings of buildings, retaining walls or other structures authorized by a valid building permit, or trench excavations for the purpose of installing underground utilities;
B. 
Cemetery graves;
C. 
Excavation for wells;
D. 
Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay as authorized in Title 18, for which a use permit has been granted; provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property;
E. 
Exploratory excavations under the direction of a soil engineer or engineering geologist;
F. 
Excavations for installation of underground storage tanks where the capacity of individual tanks does not exceed five thousand gallons each, or when authorized by a valid city permit;
G. 
Any work performed within a public right-of-way or easement for the construction or maintenance of public facilities performed by or under the supervision of the city or other governmental agency;
H. 
The repair, maintenance or construction of flood protection levees performed by or under the supervision of a governmental agency;
I. 
Grading operations resulting in excavations and fills less than two feet in depth when the volume of grading is less than two hundred cubic yards;
J. 
Grading operations resulting in a volume of less than two hundred cubic yards;
K. 
Grading and clearing performed exclusively for agriculture purposes;
L. 
Clearing of land when the affected area is one acre or less.
(Ord. 88-20 § 4)
To obtain a permit, the applicant shall first file an application in writing to the city manager or designee on a form furnished for that purpose. Every application shall:
A. 
Identify and describe the work to be covered by the permit for which application is made;
B. 
Describe the site on which the proposed work is to be performed by lot, block, tract, and house and street address, or similar description that will readily identify and definitely locate the proposed building or work;
C. 
Indicate the quantities of work involved;
D. 
State the valuation of the proposed work;
E. 
Describe the purpose or purposes for the proposed grading and the contemplated use or uses of the site. If the proposed grading is a prerequisite to, or an initial step regarding, some future residential, commercial, industrial or other land development on the site, then the application shall explain the nature and extent of the future development and the status of the required discretionary permits and other entitlements for use that are required from the city and other federal, state and local agencies;
F. 
Be signed by the permittee, or his or her authorized agent, who may be required to submit evidence to demonstrate such authority;
G. 
Give such other information as may be required by the city manager or designee.
(Ord. 88-20 § 7(b); Ord. 95-1 § 1)
A. 
When required by the city manager or designee, each application for a grading permit shall be accompanied by two sets of plans and specifications and supporting data, consisting of a soil engineering report and engineering geology report. The plans and specifications, if required, shall be prepared and signed by a civil engineer.
B. 
Information. When required, plans shall be drawn to scale 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 chapter and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the location of the work and the name and address of the owner and the person by whom they were prepared. The plans shall include the following information:
1. 
General vicinity of the site;
2. 
The boundaries of the site and accurate contours of existing grade, and details of terrain and area drainage;
3. 
Limiting dimensions, elevations and finish contours to be achieved by the grading and proposed drainage channels-related construction;
4. 
Locations of significant trees and shrubs;
5. 
Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with or as a part of the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drains;
6. 
Location of existing and proposed buildings or structures on the site and the location of any buildings or structures on land of adjacent owners which are within fifteen feet of the property or which may be impacted by the proposed grading operations.
C. 
Specifications shall contain information covering construction and material requirements.
(Ord. 88-20 § 7(c), (d))
A. 
When required, the soil engineering report shall include data regarding the nature, distribution and strength of existing soils; conclusions and recommendations for grading procedures and design for correction measures when necessary; and opinions and recommendations covering adequacy of sites to be developed by the proposed grading.
B. 
Recommendations included in the report and approved by the city manager or designee shall be incorporated in the grading plans and specifications.
(Ord. 88-20 § 7(e); Ord. 95-1 § 1)
A. 
When required, the engineering geology report 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 opinions and recommendations covering the adequacy of sites to be developed by the proposed grading.
B. 
Recommendations included in the report and approved by the city manager or designee shall be incorporated in the grading plans or specifications.
(Ord. 88-20 § 7(f); Ord. 95-1 § 1)
A. 
Application Fee. The application fee for each grading permit or renewal of such permit shall be set by resolution of the city council and shall be paid in full at the time application is made.
B. 
Plan Checking Fee. The plan checking fee shall be based on the estimated volume of excavation and fill proposed for the site, plus the estimated cost of implementing the best management practices required by Sections 15.08.180 and 15.08.280 of this chapter. Prior to accepting plans and specifications for review, the full amount of the fees shall be paid. This fee shall be set by resolution of the city council.
C. 
Inspection Fee. An inspection fee shall be paid prior to issuance of a grading permit. The fee shall be based on the estimated volume of excavation and/or fill proposed for the site, plus the estimated cost of implementing the best management practices required by Sections 15.08.180 and 15.08.280 of this chapter. This fee shall be set by resolution of the city council.
D. 
Additional fees may be charged for plan checking and inspection if changes to the project are proposed under the original application for permit, or any other circumstances that in the discretion of the director of public works warrants additional fees. Additional fees shall be charged at the rate set by resolution of the city council for city staff time for a one hour minimum per occurrence. For cases where a change in volume of grading work to that originally indicated by application or valid permit results, the plan checking and inspection fees shall be adjusted based on the schedules of fees set by resolution of the city council with additional fees charged for city staff time to review and process the change.
(Ord. 88-20 § 8; Ord. 95-1 § 1; Ord. 15-2 § 4)
A. 
Within thirty calendar days after receiving an application, the city manager or designee shall determine in writing whether the application is complete and shall notify the applicant of such determination. If the application is determined not to be complete, the city manager or designee shall specify those parts of the application that are incomplete and shall indicate a list and thorough description of the specific information needed to complete the application.
B. 
If the application is determined not to be complete, the applicant may appeal this determination by filing a written notice of appeal with the city clerk within fifteen days from the date of the city's written determination. The board of appeals shall then consider the appeal and affirm, reverse or modify the city manager's determination.
(Ord. 88-20 § 7(g); Ord. 95-1 § 1)
A. 
The completed application, including plans and specifications if required, shall be reviewed by the city manager or designee. If the proposed grading involves greater than twenty thousand cubic yards or a clearing in excess of ten acres, then the application shall also be submitted to the planning commission to determine whether the application and the proposed grading and/or clearing are consistent with the city's general plan and any applicable specific plan. The city manager or designee may also submit the application to other city departments for review for compliance with other applicable ordinances, laws and policies.
B. 
The application shall be approved by the city manager or designee and a grading permit shall be issued only if all of the following are satisfied:
1. 
The city manager or designee determines that the application substantially complies with this chapter and all other applicable ordinances, statutes, regulations, policies and other laws;
2. 
If applicable, the planning commission determines that the application is consistent with the city's general plan and any applicable specific plans;
3. 
The contemplated use or uses of the site and future development, if any, are permitted under existing zoning and all required discretionary permits or other discretionary entitlements for use have been fully approved by the city and by other applicable federal, state and local agencies. For purposes of this chapter, discretionary permits or entitlements for use shall be defined as any permit, license, agreement or entitlement for use, the approval or adoption of which requires the exercise of judgment or deliberation by the particular public agency or governing body, as distinguished from situations where the public agency or body merely has to determine whether there has been compliance or conformity with applicable statutes, ordinances, regulations, policies, laws or earlier approvals or agreements; and
4. 
The requirements of the California Environmental Quality Act, CEQA Guidelines and local implementing regulations have been fully complied with.
C. 
If the application is approved, the director of public works shall issue a written grading permit to the applicant. The permit shall be in a form as provided by the city manager or designee and shall include, at a minimum, the work to be performed with reference to the application and approved plans and specifications, if any, the deadline by which the work must be completed, and an indemnification provision in favor of the city.
(Ord. 88-20 § 9; Ord. 95-1 § 1)
The permittee is to notify the city manager or designee when the grading work is ready for final inspection. Final approval will not be granted until all work has been completed in accordance with this chapter and the plans, specifications and conditions of the grading permit, and the work has been finally inspected as provided in Sections 15.08.180 through 15.08.240. At the discretion of the city manager or designee, the issuance of a certificate of occupancy, building or other permits, or the acceptance of public improvements may be postponed until the grading work is satisfactorily completed.
(Ord. 88-20 § 10; Ord. 95-1 § 1)
A. 
A grading permit may be suspended or revoked by the city manager or designee if:
1. 
Conditions at the site vary significantly from those shown on the approved plans;
2. 
Construction does not conform to this chapter or to the approved grading permit, including approved plans and specifications, if any;
3. 
The site is left in a condition hazardous to the public or to adjacent properties, and permittee does not comply with reasonable requirements to correct the conditions;
4. 
The permittee does not comply with reasonable requirements to safeguard the workmen, the public or other persons acting in a lawful manner;
5. 
The permittee, in connection with the operations for which the permit was issued, fails to operate his or her equipment properly on public roads; or allows materials to encroach, obstruct or be deposited within a public road right-of-way or within a drainage channel in a manner not authorized by the permit; or causes unauthorized obstruction or diversion of drainage channels;
6. 
The permittee fails to have a qualified inspector, working under the supervision of a registered civil engineer, on the site during operations when so required by the permit, or fails to have the work under proper supervision at all times; or
7. 
Conditions exist on the site which constitute a threat to health, safety or welfare of the public.
B. 
Prior to the suspension or revocation of a permit, the city manager or designee shall provide the permit holder written notice of intention to suspend or revoke the permit, which notice shall specify the grounds for such intended action and the time and place for the holding of a conference between the city manager or designee and the permit holder and/or their authorized representatives to review the grounds for the proposed action.
C. 
Upon receipt of the notice of intended suspension or revocation, the permit holder shall cease all work in connection with the permit, with the exception of work necessary to correct any condition cited in the notice of proposed action as a ground for suspension and/or revocation and work of an emergency nature.
D. 
Within a reasonable time following the conclusion of the conference, the city shall render its written decision, either revoking the permit, suspending the permit or authorizing the permit holder to proceed with the work. Such action may be with or without conditions. If the permit holder is dissatisfied by the decision, he or she may appeal to the board of appeals by filing a written notice of appeal with the city clerk within fifteen days from the date of the written notice and by paying a filing fee set by resolution of the city council. The board of appeals shall consider the appeal and shall affirm, reverse or modify the decision.
E. 
If the permittee fails to correct the objectionable or emergency conditions as required by the city manager or designee, the city may cause the work necessary to correct the conditions to be done, and the city may take appropriate action against permittee's security, if any, to cover the cost of performing such work.
F. 
Any permit which has been suspended may be either reinstated or revoked by the city manager or designee at the sole discretion of the city manager or designee.
G. 
In cases where a permit has been suspended or revoked, the permittee shall not be entitled to refund of any portion of fees paid. The city shall not be responsible for any losses incurred by the permit holder resulting from such suspension or revocation.
(Ord. 88-20 § 11; Ord. 95-1 § 1)
The city manager or designee may require as a condition of the grading permit that certain trees on the site remain, and specify how such trees shall be protected during grading operations.
(Ord. 88-20 § 15; Ord. 95-1 § 1)
Any person performing ground disturbing activities in the city shall implement appropriate best management practices (BMPs) to prevent the discharge of construction wastes or pollutants from construction materials, tools, equipment, or soil from entering the storm drain system or watercourses.
A. 
Authorization to Review. The city has the authority to review designs and proposals for construction activities and new development and redevelopment sites to determine whether adequate BMPs will be installed, implemented, and maintained during construction and after final stabilization (post-construction).
B. 
Erosion and Sediment Control. All construction plans and applications submitted to the city pursuant to any permit application shall consider the potential for erosion and sedimentation at the construction site, and shall include appropriate erosion and sedimentation controls as identified in subsection D of this section.
C. 
Erosion and Sediment Control Plan Requirements.
1. 
When required by the city, a project shall have an erosion and sediment control plan (ESCP) that addresses erosion and sediment control and pollution prevention during the construction phase and final stabilization control measures. The ESCP shall be implemented year round and must be updated to reflect changing conditions on the project site.
2. 
Implementation of an approved ESCP by the applicant shall be a condition precedent to the issuance of a grading permit, building permit or a construction permit for a project subject to this section. Subsequent changes to the ESCP must be submitted to the city for review and approval.
3. 
The city manager may issue guidance and requirements specifying the content of ESCPs. The city will provide references to current guidance manuals and BMP information on request. The city shall collect a fee in accordance with the fee schedule to ensure compliance with the ESCP. The fee schedule would be adopted under a separate resolution.
D. 
Construction-Phase BMPs. BMPs include erosion and sediment controls and pollution prevention practices. Erosion control BMPs may include, but are not limited to, scheduling and timing of grading activities, timely revegetation of graded areas, the use of hydroseed and hydraulic mulches, and installation of erosion control blankets. Sediment control may include properly sized detention basins, dams, or filters to reduce entry of suspended sediment into the storm drain system and watercourses, and installation of construction entrances to prevent tracking of sediment onto adjacent streets. Pollution prevention practices may include designated washout areas or facilities, control of trash and recycled materials, tarping of materials stored on-site, and proper location of and maintenance of temporary sanitary facilities. The combination of BMPs used, and their execution in the field, must be customized to the site using up-to-date standards and practices.
E. 
Slopes. The faces of any slope created by grading shall be prepared and maintained to control against erosion. This control may consist of planting, landscaping materials or other means. If planting is required by the city manager or designee or as a condition of approval of the tentative map, building or other permits, the planting plan shall be approved by the city's community development department. The protection for the slopes shall be installed as soon as practicable and prior to final inspection or approval. Where cut slopes are not subject to erosion due to the erosion resistant character of the materials, such protection may be omitted in the discretion of the city manager or designee
F. 
Other Devices. Where necessary, check dams, cribbing, riprap or other devices or methods may be required by the city manager or designee to control erosion and provide safety.
G. 
The following basic design principles and standards shall be incorporated in grading operations to control erosion and reduce sedimentation:
1. 
Stripping or burning of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion.
2. 
Existing natural vegetation shall be retained, protected and supplemented where necessary. Site development shall be accomplished so that existing trees not specifically required by the grading permit to be protected can be preserved whenever possible and practical.
3. 
Exposure of soil to erosion by removal of vegetation shall be limited to the smallest area practical and for the shortest time practical. Soil exposure shall not exceed an area in which development can be completed during a single construction season to ensure that soils are stabilized and vegetation is established well in advance of the rainy season (October 15th through April 15th).
4. 
Facilities shall be constructed to retain sediment produced on site.
5. 
Sediment basins, sediment traps, diversions or similar required measures shall be installed well in advance of any clearing or grading and maintained through any such operations until removal is authorized by the director of public works.
6. 
Temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed areas subject to erosion during development and in advance of the rainy season (October 15th through April 15th).
7. 
Permanent control structures and final vegetation should be installed as soon as practical in the development, and a long-range maintenance plan developed and adhered to.
8. 
Provisions shall be made to accommodate the increased runoff caused by altered soil surface conditions during and after development.
9. 
Surface runoff rates in excess of predevelopment level shall be retarded where needed by appropriate structural and vegetation measures.
10. 
Slopes created by grading shall not be steeper than two horizontal to one vertical, unless a thorough geological and engineering analysis indicates that steeper slopes are safe and appropriate erosion control measures are specified.
11. 
Cuts and fills shall not encroach upon natural watercourses, their floodplains or constructed channels in a manner so as to adversely affect other properties.
12. 
Disposal of cleared vegetation and excavation materials shall be done in a manner which reduces the risk of erosion and shall strictly conform to the provisions of the approved grading permit. Topsoil shall be conserved for reuse in revegetation of disturbed areas whenever possible.
13. 
Proposed development and roadway alignments should be fitted to the predevelopment topography and soils to minimize erosion.
14. 
Waterways shall be designed to avoid erosion as much as practical. Wide channels should be constructed with flat slopes, and the channel and slopes should be lined with grass or other appropriate vegetation or other material. Every effort must be made to preserve natural channels and drainageways.
(Ord. 88-20 § 16; Ord. 95-1 § 1; Ord. 15-2 § 4)
All grading operations for which a permit is required shall be subject to inspection by the city manager or designee. When required by the city manager or designee, special inspection of grading operations and special testing shall be performed in accordance with the provisions of Sections 15.08.220 and 15.08.230.
(Ord. 88-20 § 17(a); Ord. 95-1 § 1)
All grading in excess of five thousand cubic yards, based on the estimated volume of excavation and fill, shall be performed in accordance with the approved grading plan prepared by a civil engineer and shall be designated as "engineered grading." Grading involving less than five thousand cubic yards shall be designated "regular grading," unless the permittee, with the approval of the city manager or designee, chooses to have the grading performed as engineered grading.
(Ord. 88-20 § 17(b); Ord. 95-1 § 1)
A. 
The city manager or designee may require inspection and testing by an approved testing agency. The testing agency's responsibility shall include, but need not be limited to, certification concerning the inspection of cleared areas and benches to receive fill, and the compaction of fills.
B. 
When the city manager or designee has cause to believe that geologic factors may be involved, the grading operation will be required to conform to engineered grading requirements.
(Ord. 88-20 § 17(d); Ord. 95-1 § 1)
For engineered grading, it shall be the responsibility to the civil engineer who prepares the approved grading plan to incorporate all recommendations from the soil engineering and engineering geology reports into the grading plan. He or she shall be responsible for the professional inspection and certification of the grading within his or her area of technical specialty. This responsibility shall include, but need not be limited to, inspection and certification as to the establishment of line, grade and drainage of the development area. The civil engineer shall act as the coordinating agent in the event the need arises for liaison between the other engineers, other professional consultants, the contractor and the city manager or designee. The civil engineer shall also be responsible for the preparation of revised plans and the submission of as-graded grading plans upon the completion of the work.
(Ord. 88-20 17(c); Ord. 95-1 § 1)
A. 
Soil engineering and engineering geology reports shall be required as specified in Section 15.08.100 and 15.08.110. During grading, all necessary reports, compaction data and soil engineering and engineering geology recommendations shall be submitted to the civil engineer and the city manager or designee by the soil engineer and the engineering geologist.
B. 
The soil engineer's area of responsibility shall include, but need not be limited to, the professional inspection and certification concerning the preparation of ground to receive fills, testing for required compaction, stability of all finish slopes and the design by buttress fills, where required, incorporating data supplied by the engineering geologist.
C. 
The engineering geologist's area of responsibility shall include, but need not be limited to, professional inspection and certification of the adequacy of natural ground for receiving fills and the stability of cut slopes with respect to geological matters, and the need for subdrains or other groundwater drainage devices. He or she shall report his or her findings to the soil engineer and the civil engineer for engineering analysis.
D. 
The city manager or designee shall inspect the project at the various stages of the work requiring certification and at any more frequent intervals necessary to determine that adequate control is being exercised by the professional consultants.
(Ord. 88-20 § 17(c); Ord. 95-1 § 1)
If, in the course of fulfilling their responsibility under Sections 15.08.190 through 15.08.230, the civil engineer, the soil engineer, the engineering geologist or the testing agency finds that the work is not being done in conformance with this chapter or the approved grading permit and plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and the city manager or designee. Recommendations for corrective measures, if necessary, shall be submitted.
(Ord. 88-20 § 17(e); Ord. 95-1 § 1)
If the civil engineer, the soil engineer, the engineering geologist or the testing agency of record are changed during the course of work, the work shall be stopped until the replacement has agreed to accept the responsibility within the area of their technical competence for certification upon completion of the work.
(Ord. 88-20 § 17(f))
Upon completion of the rough grading work and at the final completion of the work, the city manager or designee may require the following reports and drawings and supplements thereto:
A. 
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. The civil engineer shall provide certification that the work was done in accordance with the final approved grading plan;
B. 
A soil grading report prepared by the soil 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. The soil engineer shall provide certification as to the adequacy of the site for the intended use;
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. The engineering geologist shall provide certification as to the adequacy of the site for the intended use as affected by geologic factors.
(Ord. 88-20 § 18; Ord. 95-1 § 1)
A. 
The city manager or designee may require performance bonds in such form and amounts as may be deemed necessary to assure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions.
B. 
In lieu of a performance bond, the applicant may file some other form of improvement security as provided by Government Code Section 66499, et seq.; provided, however, that the form and amount of financial security shall be subject to the approval of the city manager or designee.
(Ord. 88-20 § 13; Ord. 95-1 § 1)
New development and redevelopment projects will be required to implement post-construction BMPs to control the volume, rate, and potential pollutant load of stormwater runoff, including, but not limited to, requirements to minimize the generation, transport, and discharge of pollutants.
A. 
Prior to and/or during construction, the city may establish controls on the volume and rate of stormwater runoff from new developments and redevelopment as may be appropriate to minimize peak flows or total run-off volume, and to mimic the pre-development site hydrology. These controls may include limits on impervious area or provisions for detention and retention of runoff on-site.
B. 
Permanent Structural Controls. The city may require, as a condition of project approval, permanent structural controls designed for the removal of sediment and other pollutants. The selection and design of such controls shall be in accordance with criteria established or recommended by federal, state, and local agencies. Where physical and safety conditions allow, the preferred control measure is to retain drainageways above ground and in as natural a state as possible or other biological methods such as bioretention areas.
C. 
The city manager may issue design guidelines for post-construction BMPs consistent with the Phase II permit and may amend the guidelines from time to time in accordance with state and federal laws.
D. 
The city shall incorporate such post-construction design guideline requirements in any land use entitlement and construction or building-related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions and conditions of such land use entitlements and building permits as required in this chapter.
E. 
Runoff Control Plan Requirements.
1. 
For each new development and redevelopment project subject to the development runoff requirements, or where required by the nature and extent of a proposed project and where deemed appropriate by the city, every applicant will submit a runoff control plan and shall implement conditions of approval that reduce stormwater pollutant discharges through the construction, operation and maintenance of source control measures, low impact development design, site design measures, stormwater treatment measures and hydro-modification management measures. Increases in runoff shall be managed in accordance with the development runoff requirements.
2. 
Implementation of an approved runoff control plan and submittal of an approved stormwater facilities operation and maintenance plan by the applicant shall be a condition precedent to the issuance of a building permit or a construction permit for a project subject to this section. Financial security may be required to ensure that stormwater management facilities operate and are maintained following construction for a period which may be determined by the agency. Financial security shall consist of an irrevocable letter of credit, cash deposit, or performance bond as determined by the agency.
3. 
All stormwater management facilities shall be designed in a manner to minimize the need for maintenance and reduce the chances of failure. All stormwater management facilities shall be maintained according to the approved stormwater facilities operation and maintenance plan. The person(s) or organization(s) responsible for maintenance shall be designated in the plan. Unless a different time period is provided for in the plan, those responsible for maintenance shall inspect the stormwater management facility at least annually. The plan shall also describe how the maintenance costs will be funded. Upon the failure of a responsible person to maintain a stormwater management facility in accordance with this chapter or the plan, the city may perform the maintenance and recover its costs from the responsible person as provided in Section 13.10.310 of this code.
4. 
For each new development and redevelopment project subject to the development runoff requirements, or where deemed appropriate by the agency, access by the city to stormwater management facilities for inspections, as provided in Section 13.10.230 of this code, and through such means as may be appropriate, including, but not limited to, legal agreements, recorded covenants or easements, shall be provided by the property owner.
(Ord. 88-20 § 19; Ord. 95-1 § 1; Ord. 15-2 § 4)
Whenever the city manager or designee determines that any existing excavation 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 the property, upon receipt of notice in writing from the city manager or designee shall within the period specified therein repair or eliminate such excavation or fill so as to eliminate the hazard and be in conformance with the requirements of this chapter.
(Ord. 88-20 § 5; Ord. 95-1 § 1)
A. 
Prior to the issuance of a grading permit, the property owner or applicant and the city shall have complied with the requirements of the California Environmental Quality Act, CEQA Guidelines and local implementing regulations.
B. 
Grading. Any grading to be performed within the project site shall take into account the environmental characteristics of that property, including but not limited to prominent geological features, existing streambeds and significant tree cover, and shall be designed in accordance with the best engineering practices to avoid erosion, slides or flooding, to have as minimal an effect on the environment as possible. The applicant shall also comply with the California Environmental Quality Act, any ordinance of the city regulating the cutting of trees, if any, and all other environmental laws.
C. 
All grading and other cuts, fills, drainage and terracing shall conform to the standard specifications of the city.
(Ord. 88-20 §§ 3, 14)
A. 
It shall be the duty of the city manager or designee and other authorized employees of the city to enforce the provisions of this chapter. The lack of enforcement by the city manager or designee, or any authorized assistants of any official or employee of the city vested with the duty or authority to issues permits, shall not legalize, authorize, waive or excuse the violation of any provision of this chapter.
B. 
In the administration and enforcement of this chapter, any duly authorized official or employee of the city shall have authority to enter upon the premises for the purpose of investigation and inspection. No person shall refuse to permit such inspection.
C. 
In the event any person, firm or corporation shall perform any work in violation of this chapter or any permit issued pursuant to this chapter, or fail or refuse to perform any work required by this chapter or any permit issued pursuant thereto, the same is declared to be a public nuisance and at the direction of the city council, the city attorney is authorized to bring and prosecute an action in a court of competent jurisdiction to enjoin the performance of such work or, if such work has been accomplished, from maintaining the same. Any person who violates any provision of this chapter, or who violates any grading permit issued under this chapter, shall be guilty of an infraction and shall be punishable by:
1. 
A fine not exceeding one hundred dollars for a first violation;
2. 
A fine not exceeding two hundred dollars for a second violation within one year;
3. 
A fine not exceeding five hundred dollars for each additional violation in excess of two within one year.
(Ord. 88-20 § 12; Ord. 95-1 § 1)