Chapter 8.21 GRADING REGULATIONS

Name. This chapter shall be known as the "Grading Regulations."

Purpose. The purpose of this chapter is to establish an official set of standards regulating the design and construction of building sites and the development of property by grading; to regulate the alteration of the ground surface to protect and preserve the public health, safety, and general welfare; to minimize differential settlement and the slipping or sliding of earth; to protect adjacent properties from damage caused by blockage or diversion of natural runoff waters; to require engineering analysis of expansive soil conditions, erosion control and drainage; and criteria to provide a basis for the design of footings and floor slabs for structures proposed to be erected on parcels of land whose natural topography has been altered as described herein; to establish the administrative procedure for issuance of permits; and to provide for approval of plans and inspection of grading construction.

Intent. It is the intent of this chapter and the erosion control procedures contained within this chapter to establish a guideline enabling the city with the ability to regulate grading operations as well as to protect environmentally sensitive areas and biological and wildlife resources within and surrounding the city of Moreno Valley. The procedures established by this chapter and the conditions of approval implemented with all discretionary approvals and permits are intended to accomplish this protection. However, in the event that city staff encounter situations that are deemed to endanger environmental resources, the city engineer is authorized to take necessary action to protect the environment pursuant to this chapter and other applicable laws, provided there is no conflict with other city regulations or codes.

"Environmentally sensitive areas" are any lands in a natural condition subject to an open space easement; any natural lake, stream, creek or riparian area; any wildlife habitat area identified in an environmental impact report, initial study or other environmental assessment; or any land determined by the city to be environmentally sensitive with respect to any particular grading activity based on an environmental assessment, initial study, CEQA guidelines or other information in connection with the proposed grading activity.

Scope. This chapter sets forth rules and relations 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 Chapter 33 of the California Code of Regulations Title 24 (2010 California Building Code) with deletions, modifications, or amendments to meet local conditions.

Powers and Duties of the City Engineer. All references in Chapter 33 of the California Code of Regulations Title 24 (2010 California Building Code) to "Building Official" shall mean the "city engineer" in this chapter.

(Ord. 827 § 2.2, 2011)

§ 8.21.020 Permits required.

Grading Permits. 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 engineer. Exceptions to this requirement are:

An excavation below finish grade for basements and footings of a building, mobile home, retaining wall, or other structure authorized by a valid building permit or construction permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structure, or an unsupported excavation with vertical banks more than two feet high. This shall not prohibit a minimum fee grading permit or soil or geologic report from being required for foundation design and inspection purposes when, in the opinion of the city engineer, stability considerations warrant such inspection;

An excavation which does not disturb more than 1,000 square feet in area or does not exceed 50 cubic yards on any one site and which is less than two feet in vertical depth, and which does not create a cut slope greater than five feet in vertical height and steeper than one and one-half to one (1.5:1) horizontal to vertical;

Cemetery graves;

Refuse disposal sites controlled by other regulations;

Earthwork construction regulated by federal, state, county, or city governments, or by a local agency as defined by Government Code Sections 53090 through 53095 (special districts); pipeline or conduit excavation and backfill conducted by local agencies or public utilities; earthwork construction performed by railway companies. This exemption, however, shall apply only when the earthwork takes place on the property, or dedicated rights-of-way or easements of the aforementioned agencies;

Excavation and backfill for installation of underground utilities by public utility companies of companies operating under the authority of a franchise or public property permit;

Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressures upon any adjacent or contiguous property, or alter the orientation of natural water courses which may result in adverse changes on adjoining property;

Exploratory excavations under the direction of a soil engineer, engineering geologist, archaeologists or paleontologists, provided all excavations are properly backfilled and compacted or otherwise restored. All excavations and trenches are subject to the applicable sections of the state of California, Division of Safety or Cal-OSHA;

A fill less than one foot in depth, placed on natural grade with a slope flatter than five horizontal to one vertical (5:1), which does not disturb more than 1,000 square feet in area or does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course;

10.

A fill less than three feet in depth, not intended to support structures or mobile homes, which does not disturb more than 1,000 square feet in area or does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course;

11.

Clearing, brushing, and minor grading for agricultural purposes provided such operations do not affect the lateral support or increase stresses in or pressures on any contiguous property, or alter the orientation of natural water courses which may result in adverse changes on nearby or adjoining property or result in dumping of organic or hazardous waste not regulated by law. This grading includes, but is not limited to, contour grading to provide for orchard planting, minor leveling not exceeding three vertical feet of either excavation or fill for row crops, installation of irrigation systems, and stockpiling of fertilizer or other amendments.

Grading Permit, Paving. No person shall construct pavement surfacing in excess of 5,000 square feet, on natural or existing grade for the purpose of a private road or driveway, commercial, industrial, or multiresidential parking lot or travelway without a valid grading permit unless waived by the city engineer or a separate improvement plan is approved and signed by the city engineer. Resurfacing or maintenance of paved surfaces is exempt from this requirement.

(Ord. 827 § 2.2, 2011)

§ 8.21.030 Hazardous conditions.

Hazardous conditions exist when the state of any natural ground, natural slopes, excavation, fill or drainage devices are situated on private property in such a manner that they are a hazard to life or limb, or a danger to public safety, or endangers the safety, usability, or stability of adjacent property, structures or public facilities. The maintenance of any hazardous condition shall constitute a public nuisance.

The city engineer or designee (including city code compliance) may examine, or cause to be examined, every condition reported as hazardous as set forth in subsection A of this section.

Upon confirmation of a hazardous condition, the city engineer or designee (including code compliance) shall provide written notification to the owner or agent in control of property with confirmed hazardous condition requiring mitigation of said hazardous condition and stipulation of an acceptable time frame for compliance.

The owner or agent in control shall comply with any demand for corrective work or repairs as required. In the event that corrective action is not completed within the period as specified in writing, the city may exercise any available legal recourse for correction of said hazardous condition.

(Ord. 827 § 2.2, 2011)

§ 8.21.040 Definitions.

The words and phrases set out in this section, when used in this chapter, shall, for the purpose of this chapter, have the following respective meanings except where the context clearly indicates a different meaning:

"Approval"

means a written engineering or geological opinion by the responsible engineer, geologist of record, or responsible principal of the engineering company, whichever is applicable, concerning the satisfactory progress and completion of the grading work, unless it specifically refers to the city engineer.

"Approved plans"

means the current grading plans, which bear the city engineer's signature of approval on the plans.

"Approved testing agency"

means the facility whose testing operations are controlled and monitored by a registered civil engineer and which is equipped to perform and certify the tests required by this chapter and is approved by the city engineer.

"As-graded"

means the surface configuration upon completion of grading.

"Bedrock"

means in-place solid rock or sufficient solid in-place soil and rock to be classified by a registered geologist, geotechnical engineer or registered civil engineer, as bedrock.

"Bench"

means a relatively level step excavated into stable earth material on which fill is to be placed.

"Borrow"

means earth material acquired from an offsite location for use in grading on a site.

"Borrow site permit"

means a permit that is issued to complete borrow grading operations as defined above.

"California Building Code (CBC

means the California Code of Regulations Title 24 as adopted by ordinance by the city council of the city of Moreno Valley.

"Civil engineer"

means a professional engineer registered in the state of California authorized to practice in the field of civil engineering. For a complete definition see Section 404 of the Rules of the State Board of Registration for Professional Engineers and Land Surveyors.

"Civil engineering"

means 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 for the beneficial uses of mankind. For a complete definition see Section 404 of the Rules of the State Board of Registration for Professional Engineers and Land Surveyors.

"Clearing, brushing and grubbing"

means the removal of vegetation (grass, brush, trees, and similar plant types) by mechanical means.

"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 certified in the state of California to practice engineering geology. For a complete definition see Section 404 of the Rules of the State Board of Registration for Professional Engineers and Land Surveyors.

"Engineering geology"

means 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. For a complete definition see Section 404 of the Rules of the State Board of Registration for Professional Engineers and Land Surveyors.

"Erosion"

means the wearing away of the ground surface as a result of the movement of wind, water and/or ice.

"Erosion control system"

means a combination of desilting facilities, and erosion protection, including effective planting and the maintenance thereof, to protect adjacent private property, watercourses, public facilities, and receiving waters from the deposition of sediment or dust.

"Excavation"

means the mechanical removal of earth material.

"Fault"

means a fracture in the earth's crust along which movement has occurred. A fault is considered active if movement has occurred within the last 11,000 years (Holocene geologic time).

"Fill"

means the deposit of earth material placed by artificial means.

Geotechnical engineer.

See "soil engineer." For a complete definition see Section 404 of the Rules of the State Board of Registration for Professional Engineers and Land Surveyors.

"Geotechnical report"

means a report, which contains all appropriate soil engineering, geologic, hydrologic, and seismic information, evaluation, recommendations, and findings.

"Grade"

means the vertical elevation of the ground surface.

Grade, existing.

"Existing grade" means the ground surface prior to grading.

Grade, finish.

"Finish grade" means the final grade of the site, which conforms to the approved plans.

Grade, natural.

"Natural grade" means the ground surface unaltered by artificial means.

Grade, rough.

"Rough grade" means the stage at which the grade approximately conforms to the approved plans.

"Grading"

means any excavation or filling or combination thereof.

"Grading contractor"

means a contractor licensed and regulated by the state of California who specializes in grading work or is otherwise licensed to do grading work.

"Grading permit"

means an official document or certificate issued by the city engineer authorizing grading activity as specified by approved plans and specifications.

"Hillside site"

means a site with a natural slope of 10% or more as further defined in Section 9.03.040(B) of this code.

"Indeterminate stockpile"

means storage of soil for an indeterminate period of time in excess of the time permitted for a temporary stockpile.

"Key"

means a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.

"Keyway"

means an excavated trench into competent earth material beneath the toe of a proposed fill slope.

"Landslide"

means the downward and outward movement of soil, rock, fill or a combination thereof.

"Mass grading"

means grading that is completed on a large scale over a large area prior to preliminary grading and which when completed is within two vertical feet of the site's final grade elevations.

"Mass grading permit"

means a permit that is issued to complete mass grading operations as defined above.

"Massive landslide"

means a landslide too large to be stabilized by retaining methods or normal control methods.

"NPDES"

stands for National Pollutant Discharge Elimination System.

"Owner"

means any person, agency, firm, or corporation having a legal or equitable interest in a given real property.

"Precise grading permit"

means a permit that is issued on the basis of approved plans which show the precise structure location, finish elevations and all on-site improvements.

"Permeable paving"

means a special type of pavement that allows rain to pass through the paved surface into the ground beneath, thereby reducing the runoff from a site.

"Preliminary grading permit"

means a permit that is issued on the basis of approved plans which need not show a structure location but must show interim building pad drainage to the degree required by the city engineer.

"References"

in this chapter, unless indicated otherwise or as reasonably appears from the context, to the civil engineer, engineering geologist, geotechnical engineer and soils engineer refer to the professional person(s) preparing, signing, stamping or approving the project plans and specifications which comprise the approved grading plan, and which professional person(s) appears of record pursuant to Section 8.21.170(D) of this chapter, or his/her successor appearing pursuant to Section 8.21.170(E) of this chapter.

"Retaining wall"

means a wall designed to resist the lateral displacement of soil or other materials.

"Rough grading permit"

means a permit that is issued to complete rough grading operations as defined in this section.

"Site"

means any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.

"Slope"

means any inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance or as a percentage ratio of the vertical distance divided by the horizontal distance times 100.

"Slope stability—Gross stability"

means the factor of safety against failure of the slope material below the surface approximately three to four feet deep measured from and perpendicular to the slope face.

"Slope stability—Surficial stability"

means the factor of safety against failure of the outer three to four feet of slope material measured from and perpendicular to the slope face.

"Soil"

means naturally occurring surficial deposits overlaying bedrock.

"Soil engineer (geotechnical engineer)"

means a civil engineer registered in the state of California experienced and knowledgeable in the area of soil mechanics. For a complete definition see Section 404 of the Rules of the State Board of Registration for Professional Engineers and Land Surveyors.

"Soil engineering (geotechnical engineering)"

is the investigation and engineering evaluation of earth materials including soil, rock, groundwater and man-made materials and their interaction with earth retention systems, structural foundations and other civil engineering works. The practice involves application of the principles of soil mechanics and the earth sciences and requires a knowledge of engineering laws, formulas, construction techniques and performance evaluation of civil engineering works influenced by earth materials.

"Sulfate (SO₄)"

means a chemical compound occurring in soil or water, which in concentration, has a corrosive effect on ordinary Portland cement concrete and some materials.

"Temporary stockpile"

means the temporary storage of earth material greater than 50 cubic yards for a period not to exceed the term of the grading permit issued for the project associated with the stockpile.

"Terrace"

means a relatively level step constructed into the face of a graded sloped surface for drainage and maintenance purposes.

"WDID#"

means waste discharge identification number.

(Ord. 827 § 2.2, 2011)

§ 8.21.050 Grading permit requirements.

Application for Permit.

The application for a grading permit shall be made on a form as provided by the city engineer. All required discretionary approvals under the zoning ordinance and municipal code must be obtained prior to issuance of a grading permit.

No grading permit for a development project subject to approval by the planning commission, city council or administrative approval process shall be issued until such commission, council or administrative process has approved the grading concept as part of the discretionary approval process. Any application for a grading permit which effects environmentally sensitive areas shall contain information showing that the proposed grading will be accomplished without significant harm to the environment or appropriate environmental mitigation measures that have been identified within an environmental impact report for the proposed site have been complied with.

Responsibility of Land Owners.

It is unlawful for any persons owning, leasing, occupying or having charge of any real property in the city to stockpile, deposit, or allow the placement, construction or deposition of earth material on any real property in excess of 50 cubic yards without first obtaining a grading permit as hereinafter described (unless exempt as noted in Section 8.21.020(A)(1) through (11), exceptions). Processing of said earth material must result in a relative compaction of at least 90% of the maximum density compaction of the surrounding material, unless otherwise provided for as part of an approved grading plan.

Clearing, brushing and grubbing of vegetation done in preparation of land development shall not be undertaken until all discretionary approvals for the land development project have been issued and a grading permit for the project has been obtained. For the purposes of this section, land development shall be defined as any use of real property for which discretionary approval is required as further defined in the this code.

A grading permit issued by the city engineer is required prior to any grading or clearing and grubbing operations on:

Previously undisturbed land; or

Land covered by native vegetation; or

Land which has not been used for agricultural purposes for three years immediately prior to the initiation of a grading operation for the purpose of conducting agricultural activities.

A grading permit may be issued by the city engineer, prior to discretionary approval, if the city engineer, in cooperation with the planning official, determines that the grading and/or agricultural operation will not cause significant damage to any environmentally sensitive areas nor cause the elimination of any significant wildlife habitat for riparian area.

This section shall not regulate routine landscape maintenance, the removal of dead or diseased trees or shrubs or the removal of vegetation upon the order of the fire marshal for the elimination of a potential fire hazard.

Types of Grading Permits.

Either a mass grading permit, borrow site permit, rough grading permit, preliminary grading permit, precise grading permit or a stockpile permit all as defined in Section 8.21.040 of this chapter may be issued for grading work upon completion of a proper application and approval by the city engineer.

Building permits may be issued for a site graded under an approved grading plan and valid grading permit upon completion and approval of rough grade and geotechnical inspection as specified in Section 8.21.170 of this chapter. Building permits for construction of model homes may be issued for the model home sites only, prior to completion of rough grading for the site, provided that rough grading has been completed and approved as noted for the model home sites.

Building permits shall not be issued for a site graded under a preliminary grading permit until a new precise grading plan has been approved and a permit has been issued and the provisions as noted above have been satisfied.

Stockpile Permits.

A temporary stockpile permit is subject to conditions which may include, but are not limited to, the following items: a stockpile plan prepared by a registered civil engineer, an erosion control plan prepared by a registered civil engineer, fencing, hydroseeding or other maintenance requirements. Other conditions may be established, even after the permit has been issued, in the interest of public health, safety or welfare, and shall be as determined by the city engineer.

An indeterminate stockpile permit may be issued for soil that is to be used for the future development of the stockpile site where there is no current project, or for storage of soil for current or future sale, or for some other purpose as stated by the property owner. Requests for indeterminate stockpile permits will be reviewed on a case-by-case basis. Such requests may be considered to be the establishment of a business and may require review by other city department or divisions and shall be subject to all of the conditions of approval for such projects. An indeterminate stockpile permit is subject to all of the same requirements as a temporary stockpile permit.

Grading Permit Application. A grading permit application shall consist of the following items and forms completed and signed by the applicant or his/her representative, unless otherwise specified by the city engineer:

Application form;

Four sets of grading plans;

Two copies of a preliminary soils report (see subsection (M)(1) of this section);

Two copies of a preliminary geology report if applicable (see subsection (M)(2) of this section);

Two sets of erosion control plans;

Payment of the grading plan check and inspection fees.

The city engineer will inspect the project site as necessary and determine whether additional reports or other data are required prior to issuance of a grading permit. The city engineer will notify the applicant of his or her determination.

Grading Plan Clearances. The city engineer shall notify the applicant when clearance is required for the project from other departments or divisions within the city as well as clearance required from other agencies. All required clearances from other departments, divisions or outside agencies shall be the responsibility of and obtained by the applicant prior to issuance of the grading permit. The city engineer will not notify the applicant for South Coast Air Quality District (SCAQMD) required clearances and permits.

Data to Accompany Application.

A grading plan, approved and signed by a California registered civil engineer, soils engineer and engineering geologist shall accompany each application for a grading permit, unless waived by the city engineer. The grading plans shall be prepared on 24 inch by 36 inch Mylar film with a standard city title block, and shall be drawn in ink. The plans shall show the original and designed finish contours, spot elevations, building pads, public improvements, slope ratios, proposed drainage facilities, protective fencing, retaining walls and any structures or buildings on adjacent properties within 15 feet of the common property lines.

Unless waived by the city engineer, each application for a grading permit shall be accompanied by supporting data consisting of a soils engineering report, engineering geology report, and the grading plans and specifications. All such plans shall be drawn to engineering scales as approved by the city engineer. The title sheet of the plan set shall contain the names, addresses and phone numbers of the site owner, the civil engineer responsible for the plans preparation, the project soil engineer and engineering geologist, including registration numbers. The title sheet shall also contain a locality sketch of the project site.

A statement of quantities shall be furnished, giving the estimated cubic yards of excavation, embankment, fill, and shrinkage or swell factor. Also, types of ditches and down drains, lineal feet and sizes of various types of pipe, the amount of rock to be used for rip-rap or slope protection, the lineal feet of fencing and any other pertinent information useful in determining the extent of the proposed work.

The grading plans shall show scaled sections of all stabilization fills, buttress fills, keyways and benching for fill placement.

Grading Plan Check. All grading plans submitted to the city will be checked for conformance with the provisions of this chapter, conditions of approval, the city of Moreno Valley Municipal Code, applicable specific plans, other city ordinances, rules and regulations, all applicable federal and state requirements, 2010 California Code of Regulations Title 24, Chapter 11 accessibility requirements, city technical requirements and plan requirements, and any other applicable requirements for the development.

Mass Grading Plans, Rough Grading Plans, Stockpile Plans, Borrow Site Plans and Preliminary Grading Plans. The plans shall include, but not be limited to, the following information.

Vicinity map of the site;

Property limits clearly labeled or otherwise identified, accurate contours of existing ground and details of terrain, and area of drainage a minimum of 15 feet beyond the property limits (spot elevations may be used on flatland sites);

Prominent existing or natural terrain features;

Limiting dimensions, elevations of finish contours to be achieved by the grading, proposed drainage devices, and related construction;

Details (plan and section) 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 estimated runoff from the area served by the drains;

Location of any buildings or structures on the property where the work is to be performed and the location of any buildings of structures on land of adjacent owners which may be affected by the proposed grading operations;

If the grading project includes the movement of earth material to or from the site in an amount considered substantial by the city engineer, the permittee shall submit a haul route for review and approval by the public works department, land development division. The city engineer may prescribe as a condition of the grading permit and submitted haul route, alternate routes or special requirement in consideration on the possible impact on the adjacent community environment or effect on the public right-of-way itself;

Additional plans, drawings, calculations, environmental impact information, or other reports and information required by the city engineer.

Precise Grading Plans. The plans shall include of the information required in subsection I of this section plus the footprint or allowable building area of all proposed structures (including appurtenances), setback distances between structures and top or toe of slopes, setback distances between structures and property lines, detailed finish grade and finish floor elevations, flow lines for lot drainage including spot elevations for the drainage swales, details for building footings and side yard swale relationship (including extra height of or deepened footings), and all proposed PCC flatwork and PCC/AC driveways.

Grading Plan Correction Sheet. A grading plan standards and correction sheet which is used as the basis for plan checking, is available from the Public Works Department, Land Development Division which identifies the items typically required on grading plans depending on site conditions.

Geotechnical Reports. A soil engineering and engineering geology report shall be required for all grading projects unless otherwise waived by the city engineer. The reports shall include information useful to the site and any additional information required by the city engineer. Recommendations included in the reports and approved by the city engineer, shall be incorporated into the grading plans and specifications. The building official may require a soil report of additional information related to the building structure in accordance with the California Code of Regulations Title 24 (IBC).

Geotechnical Report Standards. Two copies of each geotechnical report required in subsection L of this section, shall be submitted as part of the application for a grading permit. Each report shall contain information applicable to the project as shall be prepared in accordance with generally accepted geotechnical engineering practice. Recommendations contained in the approved reports shall be incorporated into the grading plans and specifications and shall become conditions of the grading permit.

Preliminary Soil Report. Soil engineering reports shall be required for all residential subdivisions, commercial or industrial development projects, multi-residential projects, and similar developments for which a grading permit is required. Soil reports shall also be required for grading or building permits on single lot projects when specified by the city engineer or building official. The preliminary (initial) soil engineering report shall include information and data regarding the nature, distribution, and physical and chemical properties of existing soils, conclusions as to the adequacy of the site for the proposed grading, recommendations for general and corrective grading procedures, foundation and pavement design criteria, and shall provide other recommendations, as necessary, for the project grading and development.

Preliminary Engineering Geology Report. Engineering geologic reports shall be required for all developments on hillside sites where geologic conditions are considered to have a substantial effect on existing and/or future site stability. This requirement may be extended to other sites as required by the city engineer. The preliminary (initial) engineering geology report shall include a comprehensive description of the site topography and geology including, where necessary, a geologic map; and opinion as to the adequacy of the proposed development from an engineering geologic standpoint; and opinion as to the extent that known or as reasonably should be known instability on adjacent properties may adversely effect the project; a description of the field investigation and findings; conclusions regarding the effect of geologic conditions on the proposed project; and specific recommendations for plan modification, corrective grading and/or special techniques and systems to facilitate a safe and stable development; and shall provide other recommendations as necessary for the project grading and development. The preliminary engineering geology report may be combined with the soil engineering report.

Seismicity Report. A seismicity report as determined by the city engineer, may be required as a condition for issuance of a grading permit and/or building permit for all residential subdivisions, and for commercial or industrial developments, and shall be required as a condition of development for all essential facilities (as defined in the California Building Code) or as determined by the city engineer, building official or planning official. Additionally, sites containing earthquake-sensitive earth materials and/or sites that are located on or near potentially active or active faults are required to submit a seismicity report as a condition for issuance of a grading permit. The report shall be prepared by an engineering geologist, geophysicist, or a civil engineer with expertise in earthquake technology and its application to buildings or other civil engineering works. The scope of the report shall be commensurate with the proposed development and shall reflect the latest available and accepted technological recommendations related to seismicity. The seismicity report may be combined with the soil and engineering geology reports.

Import and Export of Earth Material. Where an excess of 5,000 cubic yards of earth material for a project site is moved on public roadways to or from the project site as part of the grading operations, all of the following requirements shall apply:

Either water of dust preventative spray material (or both) shall be consistently applied for prevention of dust resulting from the loading or transportation of earth to or from the project site on public roadways. The permittee shall be responsible for maintaining public rights-of-way, used for transporting materials, in a condition free of dust, earth, or debris attributed to the grading operations.

Loading and transporting of earth materials to or from the site must be accomplished within the limitations established in subsection O of this section.

Access roads to the site shall be only at points designated on the approved grading plans.

At a minimum, the first 50 feet of access road adjacent to the intersection with the public roadway shall have a grade not to exceed five percent. There must be a 300 foot clear, unobstructed sight distance to the intersection from both the public roadway and the access road. If the five percent grade or 300 foot sight distance requirements can not be obtained due to site constraints, then flagman shall be posted at the access road and shall remain for the entire duration of material transportation operations.

A stop sign conforming to the requirements of the California Vehicle Code shall be posted at the exit of the access road to the public roadway.

Advanced warning signs along with traffic control and safety devices shall be reviewed and approved by the city engineer and shall be posted on the public roadway in the vicinity of the access intersection as required by the current State of California Department of Transportation "Manual of Traffic Control—Warning Signs, Lights and Devices for Use in Performance of Work Upon Highways." The size, shape, color, number, spacing, and other details of all such signs and devices shall conform to the standards contained therein and in the current state of California Department of Transportation "Traffic Manual." The advanced warning signs and other devices shall be covered or removed when the access intersection is not in use.

Time of Grading Operations. Grading and equipment operations shall only be completed between the hours of seven a.m. to seven p.m. Monday through Friday, excluding holidays and from eight a.m. to four p.m. on Saturday. The city engineer may, however, permit grading or equipment operations before or after the allowable hours of operation if he or she determines that such operations are not detrimental to the health, safety, or welfare of residents or the general public. Permitted hours of operations may be shortened by the city engineer's finding of a previously unforeseen effect on the health, safety, or welfare of the surrounding community.

Responsibility of Permittee. It shall be the responsibility of the permittee to be knowledgeable of the conditions and/or restrictions of the grading permit as outlined in applicable sections of this chapter, and as contained on the approved grading plans and in the approved geotechnical report(s). It shall also be the responsibility of the permittee to be knowledgeable with the obvious and accessible location on the site, and with a copy of the grading plans bearing the stamp or signature of approval by the city engineer. The applicant will be responsible for obtaining all clearances and permits, if any, directly from the South Coast Air Quality Management District (SCAQMD) prior to beginning grading.

Haul Routes. Where excavation of embankment material is imported or exported from one grading site to another, over public streets, whether or not either site is otherwise subject to grading permit requirements, the city engineer may specify the route to be used in transportation of the materials on public streets.

Deviation from the designated haul route shall constitute a violation of the condition of the permit issued under this chapter. When the city engineer does specify a route, he or she shall do so in writing on the permit document, and shall immediately notify the traffic division of the public works department as well as the traffic division of the city police department, that said haul route has been specified and approved.

The city engineer may further specify load limits where, in his or her opinion, the standard load capacity of vehicles used in such hauling would cause excessive damage to streets on the designated route. Any grading or hauling contractor or project site owner/permittee, moving earth materials in violation of the chapter, shall be financially responsible for any damage to the public streets caused by the hauling vehicles, and shall pay to the city of Moreno Valley the cost, as determined by the city engineer, of repairing such damage, or shall repair the damage in question to the satisfaction of the city engineer.

At least 24 hours before hauling is to commence, the applicant shall be required to notify the city of Moreno Valley public works department, traffic division, and land development division as well as the city police department, traffic division. The permit may specify other necessary conditions or restrictions, where the use of public streets would disrupt the normal traffic activities or cause a public inconvenience.

Debris on Public Streets. Vehicle Code Section 23112(b) forbids the placing, dumping or depositing of dirt and rocks on public streets or any portion of the public right-of-way. All vehicles engaged in hauling materials under the provisions of this chapter, shall refrain from depositing dirt or debris on public streets by any means, including but not limited to, spillage from the bed of a truck or other vehicle and debris collected on the wheels of the haul vehicle. The city engineer may require a cash deposit to insure the clean-up of public streets.

Clean-Up. The permittee conducting any earth-moving operation under this chapter which requires vehicles to haul earth materials, including but not limited to, earth, mud, rock or other materials, on any public streets shall be responsible for the complete removal of such materials if spilled, dumped or deposited on a public street within 24 hours of noted spill, dumping or deposition. If the permittee fails to remove such spillage, dumping or deposited material within the noted time frame, and it is necessary for the city to complete the removal, the permittee and/or property owner from where the material was removed from or deposited to, shall be liable to pay the city the full cost of such removal work. A cash deposit may be required to insure cleanup of public streets.

Dust Control. The contractor or permittee conducting any earth-moving or grading operation under this chapter shall be responsible for controlling dust at all times. The owner, contractor and permittee shall be responsible for implementing any and all Best Management Practices (BMPs) for all grading and earth-moving operations in accordance with the National Pollutant Discharge Elimination System (NPDES) and as required by South Coast Air Quality Management District (SCAQMD).

Protection of Adjoining Property. Each adjacent owner is entitled to the lateral and subjacent support which his/her land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement, under the following conditions:

Any owner of land or lessee intending to permit or to make an excavation greater than 10 feet in depth within 50 feet of his or her property line(s) shall give reasonable notice to the owner or owners of land abutting the property line(s) affected by such excavation, stating the depth for which such excavation is intended to be made and when the excavation will begin.

In making any excavation, ordinary care and skill shall be used, and reasonable precautions taken so that the soil of adjoining properties will not cave in or settle without regard to any building or other structure which may be thereon, and there shall be no liability for damage done to any such building or other structure by reason of the excavation, except as otherwise provided or allowed by law.

If at any time it appears that the excavation is to of greater depth than are the walls or foundation of an adjoining building or other structure, and the distance from the edge of the excavation to an adjoining building or other structure is less than the depth of the excavation, then the permittee or person completing the excavation must take any and all necessary steps to protect the adjacent building or other structure from possible damage resulting from the excavation or the permittee or person completing the excavation must notify the owner of the adjoining building or other structure and allow at least 10 days, if so desired, in which to take measures to protect the same from any damage, or to brace or extend the foundations of the noted building or other structure from possible damage from the excavation.

Issuance, Expiration and Renewal.

Every grading permit issued shall be valid for a period of 180 days from the date of issuance.

Every permit shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days.

The time limitations for all grading permits issued by the city are also subject to the following provisions:

A permit issued in accordance with these requirements shall expire upon a change of ownership, if the grading work thereon, for which said permit was issued has not been completed, and a new permit shall be required for the completion of the work. If the time limitations as noted above are not applicable, and if no changes have been made to the plans and specifications last submitted to the city engineer, no charge shall be made for the issuance of a new permit under such circumstances. If, however, changes have been made to the plans and specifications last submitted to the city engineer, fees based on the valuation of the additional or new work, additional yardage and necessary plan checking shall be charged to the permit applicant.

The city engineer may extend the 180 day expiration time limit on permits not to exceed three successive periods for 180 days each, upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken.

The city engineer may require that grading operations and project designs be modified if delays occur which incur weather-related problems not considered at the time the permit was issued.

If the permittee presents satisfactory reasons for failure to begin or complete the work within the periods specified above, the city engineer, upon written request, may grant an extension of time reasonably necessary or as specified in subsection (V)(3)(b) of this section for an additional 365 days without additional fees, provided that:

No changes have been made in the original plans and specifications for such work.

Suspension of abandonment has not exceeded 180 days.

A re-endorsement of the compliance of the plans with the current and applicable regulations has been obtained by the permittee from the Land Development Division.

Such requests for extensions must be submitted no later than the 30th day following the date on which said permit would otherwise expire.

If the permittee is unable to complete the work by the end of a two-calendar-year period (initial 180 days plus one and one-half year extension) or fails to request an extension within the time provided in subsection (V)(5) of this section, the city engineer, upon written request and justification, may renew the grading permit for a fee of one-half the amount required for the original permit for such work, provided no changes have been made to the original plans and specifications for such work.

Denial of Permit. The city engineer shall not issue a permit in any case where he finds that the work as proposed by the applicant is liable to constitute a hazard to property or result in debris being deposited on any public street or public way or interfere with any existing drainage course. If it can be shown to the satisfaction of the city engineer that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, drainage devices, or by other means, the city engineer may issue a permit with the condition that such work be performed. If, in the opinion of the city engineer, 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 any proposed building permits for habitable structures shall be denied.

The city engineer may require plans and specifications to be modified in order to mitigate anticipated adverse environmental effects of proposed grading projects. The city engineer may, under circumstances where the significant adverse environmental effects of a proposed grading project cannot be mitigated in accordance with the requirements of the California Environmental Quality Act (CEQA), deny the issuance of a grading permit.

The city engineer shall require plans and specifications to be modified in order to make them consistent with the city of Moreno Valley general plan, specific plans, municipal code requirements, or other rules, regulations, or conditions of approval applicable to the project. The city engineer may deny the grading permit if the proposed project cannot be designed in accordance with this chapter, applicable rules, regulations, or conditions.

(Ord. 827 § 2.2, 2011; Ord. 912 § 8, 2016)

§ 8.21.060 Fees.

Plan-Checking Fees. Before accepting a set of plans and specifications for checking, the city engineer shall collect a plan-checking fee. Separate permits and fees shall apply to retaining walls or major drainage structures. The amount of plan-checking fee for grading plans is set forth by city council resolution.

The plan-checking fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between such fee paid for the original permit and the required fee for the entire project.

Review of Geotechnical Reports Fee. The fees paid in accordance with subsection A of this section (plan-checking fee) includes all necessary fees for review of all geotechnical report(s) for the project and no additional or separate fee will be charged for said review.

Grading Permit Fees. A fee for each grading permit shall be paid to the city engineer for issuance of said permit. The fee for grading permit issuance is set forth by city council resolution. The fee for a grading permit authorizing additional work to that under a valid grading permit shall be the difference between the fee paid for the original permit and the required fee for the entire project.

(Ord. 827 § 2.2, 2011)

§ 8.21.070 Grading security.

The city engineer may require bonds or other approved security in such form and amounts as may be deemed necessary to assure that the work for a valid grading permit is completed in accordance with the approved plans and specifications or to insure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate any potentially hazardous condition without additional cost or obligation to the city. One form of security will be required to cover all grading and drainage facilities. Separate securities may be required for slope planting, landscaping, irrigation and erosion control.

(Ord. 827 § 2.2, 2011)

§ 8.21.080 Cuts.

Cut slopes shall be no steeper than two horizontal to one vertical (2:1). In special circumstances where no evidence of previous instability exists, and when recommended in the soil engineering report and approved by the city engineer, slopes may be constructed steeper than 2:1. In no case shall slopes steeper than 2:1 be approved if 2:1 or flatter slopes are required as a condition of prior approval of any project without appropriate revision of said condition by the approving body.

Slope stability analysis shall be included in all soil engineering reports for all slopes steeper than 2:1 and for all slopes exceeding 20 feet in height regardless of the slope ratio. The soil engineer shall consider both gross and surficial stability of the slope and provide a written statement approving the slope stability.

(Ord. 827 § 2.2, 2011)

§ 8.21.090 Fills.

Fill Location. Fill slopes shall not be constructed on natural slopes steeper than two horizontal to one vertical (2:1), or where the base (toe) of the fill slope would be within 12 feet horizontally of the top of a cut slope, unless evidence is submitted by the soil engineer and/or engineering geologist which indicates that the stability of the slope is adequate and the proposed slope is approved by the city engineer.

Preparation of Ground.

The ground surface shall be prepared to receive fill by removing vegetation; noncomplying fill; topsoil and other unsuitable materials; and by scarifying to provide a bond with the new fill. Where existing slopes exceed five feet in height and/or are steeper than five horizontal to one vertical (5:1), the ground shall be prepared by benching into sound bedrock, or other competent or formational material, as determined by the soil engineer and approved by the city engineer. The lowermost bench beneath the toe of a fill slope shall be a minimum of 10 feet in width. The ground surface below the toe of fill shall be prepared for sheet flow runoff, or an appropriate drainage system shall be provided.

Where fill is to be placed over a cut slope, the bench under the toe of the fill shall be at least 15 feet wide and shall meet the approval of the soil engineer and/or engineering geologist as suitable foundation for the fill. Unsuitable soil is soil which is not dense, firm, or unyielding; is highly fractured; or has a high organic content; and in the opinion of the city engineer, civil engineer of record, soil engineer, or engineering geologist is not competent to support other soil or fill, to support structures, or to satisfactorily perform the other functions for which the soil is intended.

Fill Material.

Detrimental amounts of organic material shall not be permitted in fills. Except as outlined below, no rock or similar irreducible material with a maximum dimension greater than 12 inches shall be buried or placed in fills.

The city engineer may permit placement of larger rock in fill when the soil engineer properly devises a method of placement, continuously inspects placement, and approved the fill stability and competency. The following conditions shall also apply:

Prior to issuance of a grading permit, potential rock disposal area(s) shall be identified on the grading plan.

Rock sizes greater than 18 inches shall be placed a minimum of six feet below grade, measured vertically and/or 10 feet measured horizontally from any slope face.

Rocks sizes greater than 12 inches shall be placed so as to be completely surrounded by soil; no nesting of rocks will be permitted.

Compaction.

All fills shall be compacted to a minimum of 90% of the maximum density as determined by ASTM D1557. Field density tests shall be performed in accordance with ASTM D1556, or equivalent, as approved by the city engineer. At least 25% of the total tests shall be by ASTM D1556 to verify the accuracy of the equivalent method. All such tests shall be uniformly distributed within the fill area and/or fill slope surface area in order to obtain representative results.

Locations of the field density tests shall be determined by the soil engineer or approved testing agency, but shall be sufficient in both horizontal and vertical placement to provide representative testing of all fill placed.

Testing in areas of a critical nature or special emphasis shall be in addition to a network of representative sampling.

Exceptions.

Fills excepted in Section 8.21.020 (A)(1) through (11) of this chapter if the city engineer determines that compaction is not a necessary safety measure to aid in preventing saturation, settlement, slippage or erosion.

Where lower density and very high potential expansion characteristics exist (as defined in the California Building Code), lesser compaction requirements may be approved by the city engineer upon justification and recommendation by the soil engineer.

Sufficient maximum density determinations by test method ASTM D1557 shall be performed during the grading operations to verify that the maximum density curves used are representative of the material placed throughout the fill.

Fill Slopes.

Fill slopes shall be no steeper than two horizontal to one vertical (2:1). In special circumstances where no evidence of previous instability exists, and when recommended in the soil engineering report and approved by the city engineer, slopes may be constructed steeper than 2:1. In no case shall slopes steeper than 2:1 be approved if 2:1 or flatter slopes are required as a condition of prior approval of any project without appropriate revision of said condition by the approving body.

All fill slopes shall be overfilled to a distance from finish slope face that will allow compaction equipment to operate freely within the zone of the finished slope, and then cut back to the finished grade to expose the compacted core. Alternate methods for fill slope compaction may be used by the grading contractor subject to approval by the soil engineer and city engineer. In such instances, the grading contractor shall provide detailed specifications for the method of placement and compaction of the soil.

A slope stability analysis shall be included in soil engineering reports for all slopes steeper than 2:1 and for all slopes exceeding 20 feet in height, regardless of the slope ratio. The soil engineer shall consider both the gross and surficial stability of the slope and provide a written statement approving the slope stability. In addition, the soil engineer shall recommend alternate methods of construction or compaction requirements necessary for surficial stability.

At least 20% of the field density tests performed during grading shall be located within three feet of the final slope location, and at least one density test shall be taken in the outer 12 inches of the finished slope face for every 5,000 square feet of slope area.

Buttress/Stabilization Fills. Recommendations for buttress/stabilization fills by the soil engineer shall be included in the soil report setting forth the soil or geologic factors necessitating the buttress/stabilization fill, stability calculations based on both static and pseudo static conditions, (analysis of pseudo static loads are not normally needed when the bedding planes are flatter than 12 degrees from horizontal), laboratory test data upon which the calculations are based, a copy of the approved grading plan showing the location of the buttress/stabilization fill, a scaled section of the buttress/stabilization fill, and recommendations with details of subdrain requirements.

Utility Line Backfill.

Backfill for on-site utility line trenches, including but not limited to, water, sewer, gas, electrical, telephone and cable television services which effect the stability of foundations or other structures, or which are in sloping surfaces steeper than ten horizontal to one vertical (10:1), and which utilize on-site material as backfill, shall be compacted and tested in accordance with subsection D of this section. Alternate materials and methods for utility line trench backfill may be used provided that the material specification and method of placement are recommended by the soil engineer and approved by the city engineer prior to backfilling.

Utility line trench backfill for on-site areas other than those stated above need no specific placement method or compaction criteria, but shall be sufficiently compacted to preclude detrimental settlement. In no case shall this be construed to mean utility line trench backfill within any public rights-of-way.

The final utility line trench backfill report from the project soil engineer shall include a statement of compliance by the soil engineer that the tested backfill is suitable for the intended use and that all tested areas meet the compaction requirements in accordance with subsection D of this section.

(Ord. 827 § 2.2, 2011)

§ 8.21.100 Setbacks.

General. The setbacks and other restrictions specified by this section are minimum and may be increased by the city engineer or by the recommendation of the civil engineer of record, soil engineer or engineering geologist, if necessary for safety and stability, or to prevent damage to adjacent properties from deposition or erosion, or to provide access for slope maintenance and drainage. Retaining walls may be used to reduce the required setbacks when approved by the city engineer. Where zoning requirements exceed the minimum herein, the zoning setbacks shall govern.

Setbacks from Property Lines. The tops and toes of slopes shall be set back from the outer boundaries of the permit area, including slope right areas and easements, in accordance with Figures A and B. Lot lines shall be located at the top of slopes whenever possible.

Design Standards for Setbacks. Setbacks between graded slopes (cut or fill) and structures shall be provided in accordance with Figures A and B. A usable side yard of at least five feet from any building wall shall be provided to the top or toe of a slope unless waived by the city engineer.

Table A Minimum Setback from Adjacent Slope
H (hgt-ft)	a	b	c	d	e
0<6	3′	5′	3′	5′	3′
6 to 14	5′	5′	H/2	H/2 (5′ min)	3′
14 to 30	5′	H/2 (10′ max)	H/2	H/2 (10′ max)	6′
30+	5′	10′ max	15′ max	10′ max	6′

Notes
1	"PL" means property line and/or permit boundary; "M.S." means manufactured surface.
2	Setbacks shall also comply with applicable zoning regulations.
3	Table A applies to manufactured slopes and 2:1 or steeper natural slopes. Setbacks from natural slopes flatter than 2:1 shall meet the approval of the city engineer.
4	"b" may be reduced to 5′ minimum if an approved drainage device is used; roof gutters and downspouts may also be required.
5	"b" may be reduced to less than 5′ if no drainage is carried on this side and if roof gutters are included; "d" may not be reduced.
6	If the slope between "a" and "b" is replaced by a retaining wall, "a" may be reduced to zero and "b" shall remain as shown in Table A. The height of the retaining wall shall be controlled by zoning regulations.
7	"b" is measured from the face of the structure to the top of the slope.
8	"d" is measured from the lower outside edge of the footing along a horizontal line to the face of the slope. Under special circumstances, "d" may be reduced as recommended in the soil report and approved by the Building Official.

Minimum Setback

Table B Minimum Setback from Retaining Walls
H (hgt-ft)	Hw	f
0 to 6	3′ max	3′ min
6 to 8	4′	4′
8 to 10	5′	5′
10 to 12	6′ max	6′
12 to 30	6′ max	H/2
30+	6′ max	15′ max

Notes:
1	The use of retaining walls to reduce setbacks must be approved by the city engineer.
2	"f" may be reduced to zero feet if the Building Official approves a combination structure/retaining wall after submittal and review of structural calculations from the project structural engineer and after the city engineer approved the necessary drainage devices.
3	"Hw" is the height of the retaining wall measured from the top of the footing to the top of the wall.

(Ord. 827 § 2.2, 2011)

§ 8.21.110 Drainage and terracing.

General. Unless otherwise noted on the approved grading plan, drainage facilities and terracing of graded slopes shall conform to this section, to the currently adopted city design standards, this code and to Riverside County Flood Control and Water Conservation District's master drainage plans for the city, except where otherwise specified.

Terraces.

Terraces at least eight feet in width shall be established at not more than 30 foot vertical intervals on all cut or fill graded slopes in order to control surface drainage and debris. Where only one terrace is required, it shall be at the mid-height of the slope. Terrace widths and spacing for cut and fill slopes greater than 120 feet in height shall be designed by the project civil engineer based upon recommendations of the project soil engineer and approved by the city engineer. Suitable access shall be provided to all terraces to permit proper cleaning and maintenance.

Terrace drains shall have a minimum gradient of two percent unless waived by the city engineer. Terrace drains shall have a minimum depth at the deepest point of no less than one foot and a minimum paved width of at least three feet and shall be designed to accommodate all runoff created by the cut or fill slope as well as any tributary runoff which enters the terrace drain.

Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability and as recommended by the project soil engineer and/or engineering geologist.

Stormwater Discharge. All drainage facilities shall be designed to carry stormwater runoff to the nearest practicable drainage way approved by the city engineer and/or other appropriate jurisdiction, as an acceptable and safe location to deposit such runoff. Erosion of the ground in the area of discharge shall be prevented by installation of non-erosive down drains, energy dissipaters, or other devices as approved by the city engineer.

Interceptor Drains. Concrete interceptor drains (brow ditches) shall be installed along the top of all cut slopes where the tributary drainage area above the cut slope drains toward the cut slope, unless waived by the city engineer. The slope gradient for the interceptor drain shall be the same as for terrace drains or as approved by the city engineer.

Stormwater Runoff. Stormwater runoff shall not be allowed to flow over cut or fill slopes, which are greater than five horizontal to one vertical (5:1), but shall be provided for as follows:

Whenever practicable, each lot shall be graded so that storm water will drain from the backyard through the side yard and front yard directly to the abutting street or toward approved drainage facilities at a gradient of not less than one percent. Where possible, drainage shall not be directed across other lots nor over cut or fill slopes.

When the above is not feasible, as determined by the city engineer, stormwater shall be collected along the top of slopes or at the rear of graded lots by means of paved gutters, and carried to properly sized outfall or area drains which shall also serve as erosion control devices. Such drainage shall not be allowed to drain across the surface of sidewalks or parkways. Asphalt concrete may not be used for any drainage device. Down drain ditches shall be a minimum of 18 inches deep.

Where slopes are terraced at 30 foot intervals, drainage shall be provided in paved ditches a minimum of 36 inches wide and 12 inches deep. Construction of the ditches shall be as described below, and shall be located on the terraces with one side of the ditch two feet from the toe of the slope. Where a terrace is constructed to conform to slope requirements, but is intended to be of a temporary nature, the city engineer may waive the drainage ditch requirements, if a satisfactory surety bond, or other means to grantee the improvement, is posted with the city.

Down drains, interceptor drains and terrace drains shall be connected together to collect and transport all storm water runoff entering the drains. They shall be of sufficient depth, as verified by hydraulic calculations, to allow for an unimpeded flow when terraces are crossed. Down drains, interceptor drains and terrace drains shall be constructed of Portland cement concrete or air blown mortar. They shall be reinforced with wire mesh and/or other appropriate concrete reinforcement as determined by the project engineer and approved by the city engineer. If pipe is used for down drains to transport runoff from terrace ditches, it shall be either reinforced concrete pipe (RCP), plastic pipe (PVC) or other pipe material as approved by the city engineer. Anchor lugs or collars may be required by the city engineer if the pipe slope is equal to or greater than two horizontal to one vertical (2:1). Pipe specifications shall be approved by the city engineer. Special design features shall be provided for abrupt changes in direction of terrace ditches and down drains.

The discharge from any down drain, ditch or pipe shall be controlled so as to prevent erosion of the adjacent grounds. Velocities shall be reduced by means of adequately sized aprons of rock, grouted rip-rap, box-type energy dissipaters or other materials as approved by the city engineer.

Drainage Easements. For all drainage-ways where the continuous functioning of the drainage-way is essential to the protection and use of the property other than the lot on which the drainage-way is located, a covenant and/or deed restriction shall be recorded by the applicant, placing the responsibility for the maintenance of the drainage-ways on the owner of record of each respective lot. Permanent off-site drainage easements, as required by the city engineer, shall be acquired by the permittee. Such easements shall be subject to the approval of the city engineer and city attorney and recorded prior to the issuance of the grading permit.

(Ord. 827 § 2.2, 2011)

§ 8.21.120 Retaining walls.

Retaining walls shall be constructed of reinforced concrete, reinforced masonry block, reinforced concrete block and geosynthetic fabric, or a combination of the aforementioned materials. Retaining walls shall be designed to resist all earth pressures acting upon them including embankment or structure/vehicle surcharge loads. All retaining walls shall be designed by a registered civil or structural engineer and submitted to the building division, including appropriate structural calculations, for review and approval prior to installation. All retaining walls that are to be constructed in connection with a grading plan shall be shown on the grading plan. Sufficient top of wall (TW) and top of footing (TF) elevations shall be shown on the grading plans to determine the overall height of the retaining wall at various locations.

(Ord. 827 § 2.2, 2011)

§ 8.21.130 Expansive soils.

Expansive soil is any soil with an expansion index greater than 20, as determined by the expansion index tests (2010 California Building Code, Section 1803).

Whenever expansive soils are encountered within four feet of the finish grade of any area intended or designed as a location for a building then the following shall be observed:

The permittee shall remove such expansive soil to a minimum depth of four feet below finish grade within the building footprint area. Nonexpansive, properly compacted soil shall then be installed in the area where the expansive soil was removed; or

In the event that sufficient non-expansive material is not readily available on site, the permittee may at his or her option import nonexpansive material to be used as fill or the soil engineer may waive or reduce the requirement for removal and replacement of the expansive soils reported on the project. The soil engineer shall, however, make recommendations for the design of footings, foundations, slabs, and other load bearing features, or other special procedures which will alleviate any potential problem created by the remaining expansive soils; or

Based on recommendations for the soil engineer, expansive soil from cut areas may be placed in the lower extremities of embankments, and nonexpansive materials shall be reserved and stockpiled so that they may be placed as a cap over expansive soil. Whenever expansive soil is placed closer than four feet of finish grade, the soil engineer shall so indicate and make corrective recommendations as noted above.

(Ord. 827 § 2.2, 2011)

§ 8.21.140 Asphalt paving.

Requirements. For the purpose of this section, asphalt concrete (A.C.), aggregate base material (A.B.), prime coat, tack coat, and seal coat shall all meet the current material specification standards of the city of Moreno Valley for public road construction and/or the approval of the city engineer.

Subgrade Compaction. Compaction of subgrade materials shall be in accordance with the requirements of Section 8.21.090(D) of this chapter.

Soil Sterilization. Unless otherwise approved by the city engineer, subgrade earth materials shall be sterilized to preclude plant growth.

Pavement Structural Section. The project soil engineer, architect, or design civil engineer shall determine the pavement structural section(s) for parking lots, service roads, private streets and dedicated streets on new private development projects. The structural section shall be based on:

Soils tests of the subgrade soil(s) performed in accordance with the latest revision of test method number California 302 and anticipated traffic and/or loading conditions.

The design shall be determined by R-value testing in accordance with CalTrans design method with recommended safety factors. The minimum design structural section(s) for dedicated streets shall be as noted in the current edition of the city of Moreno Valley standard plans.

Alternative Design Method for New Parking Lots/Service Roads and Private Streets. In lieu of the recommended structural section from the soil engineer or civil engineer based on testing as noted above, the following standards may be used for new private parking lots/service roads and private streets:

	Minimum Structural Section
Industrial and Commercial Developments
Parking area less driveways and perimeter drives	.25′ AC /.33′ AB
Driveways and perimeter drives for industrial developments	.25′ AC /.83′ AB
Driveways and perimeter drives for commercial developments	.25′ AC /.67′ AB
High Density Residential
Parking areas and access lanes	.25′ AC /.33′ AB
Drives and areas subject to heavy truck use	.25′ AC /.67′ AB
Private Streets
Structural roadway section for private streets	.30′ AC /.50′ AB

Notes:
AC means asphalt concrete pavement.
AB means Class II aggregate base material.

Exceptions. The provisions of this section shall not apply to private asphalt concrete driveway(s) providing access to not more than two single-family residences, proposed in conjunction with a project subject to a grading permit or to commercial, industrial or high-density residential developments where all pavements areas are constructed of Portland cement concrete (PCC) pavement.

(Ord. 827 § 2.2, 2011)

§ 8.21.150 Permeable surface designs.

Permeable surface designs include, but are not limited to, pervious concrete, permeable pavement, permeable pavers, and porous asphalt. These BMPs may be allowed in low flow traffic roads and parking lots and other paved areas upon approval from the city engineer.

(Ord. 827 § 2.2, 2011)

§ 8.21.160 Erosion control.

General.

All earth moving or grading operations requiring a grading permit (as noted in Section 8.21.020 of this chapter) shall be required to also have an approved erosion control plan. In addition, any grading, clearing, brushing and grubbing within 100 feet of environmentally sensitive areas, is prohibited from October 1st to May 31st except for the construction and maintenance of erosion control systems, which have been approved by the city engineer.

Grading work is prohibited on any single grading site under permit between October 1st and May 31st unless an erosion control plan has been approved or waived by the city engineer. Where necessary, temporary and/or permanent erosion control devices or methods, as approved by the city engineer, shall be employed to control erosion and provide safety during this period.

The city engineer may order restriction or cessation of land disturbance or development operations upon determination that the weather, soil, slope, or general site conditions may cause serious accelerated erosion or sediment damage either on-site or downstream from the site.

Erosion Control Plans.

Erosion control plans shall be submitted to the city engineer for approval concurrent with the grading permit application and/or with grading plan submittal unless otherwise waived by the city engineer. No grading permit shall be issued unless an erosion control plan has been submitted or waived by the city engineer. The erosion control plan may be waived for grading on single residential lot projects, provided that an erosion control system, approved by the city engineer, is installed, placed, planted or constructed before October 1st. An erosion control and/or sediment control plan is required for all projects if the city engineer determines that erosion or sediment discharge adversely affects adjacent properties. The approved erosion control plan shall be updated if necessary by October 1st each year, for projects under a grading permit.

The erosion control plan shall include details of protective measures, including desiltation basins or other temporary drainage or control measures or both, as may be necessary to protect adjoining public or private property from damage by erosion, flooding, or mud and/or debris deposits which may originate from the site or result from the grading operations.

All slope planting, as required by the erosion control plans, which is to be completed after October 1st, will require jute matting or other acceptable turf matting or erosion control blankets prior to planting or hydroseeding.

Submittal and Processing Requirements.

All projects requiring a grading permit must have an erosion control plan submitted for approval. Projects that have an approved erosion control plan from the previous year must submit an updated erosion control plan for approval reflecting existing conditions or necessary changes that are needed for conformance with current conditions.

For those projects that do not require a grading permit, erosion control and sediment measures must be implemented for land disturbance area of 1,000 square feet or more.

The erosion control plans must be approved and erosion control devices installed and certified and inspected as being properly constructed by the engineer of record. Sediment control must be continuously maintained throughout the construction process. Updating of the plans will be required for phases of construction not covered by the previously approved plans.

Approval and processing of the erosion control plans requires payment of plan checking fees, inspection fees and the posting of securities as further noted in this section.

First submittal for erosion control plans shall include the plan checking fee, two blueline copies of the plans and two copies of the bond estimate.

Information on Erosion Control Plans. Erosion control plan shall include but not be limited to, the following information:

A 24 hour telephone number of the person responsible for performing emergency erosion control work;

The stamp and signature of the civil engineer who prepared the erosion plan;

The erosion control general notes (copies available for the public works department, land development division);

Identification of all desilting and erosion protection facilities necessary to protect adjacent property from sediment deposition;

Identification of the streets and drainage devices that will be completed and paved by October 1st;

Provision for the placement of gravel bags, slope planting or other measures to control erosion from all slopes above and adjacent to roads open to the public;

Provision for maintaining access to desilting facilities during wet weather;

A schedule for the construction and ongoing maintenance of all required erosion and sediment control facilities;

Identification of discharge points where concentrated runoff occurs.

Erosion Control Systems.

All sediment shall be contained on-site. Runoff from disturbed areas shall be detained or filtered by berms, swales, ditches, filter strips or other means as necessary to prevent the escape of sediment from the site. Sediment control devices shall be installed prior to or concurrent with the initial grading operations and shall be maintained throughout the development process.

Erosion shall be prevented at locations where runoff is concentrated. Where runoff will be discharged to natural ground or channels, appropriate energy dissipaters shall be installed to prevent erosion at the point of discharge.

All erosion control measures required to retain sediment on-site and to safely discharge any accelerated runoff generated by the project shall be installed during the initial construction phase of the project.

Desilting facilities shall be provided at drainage outlets from the graded site.

Desilting basins shall be designed to provide a desilting capacity capable of containing the anticipated runoff for a period of time adequate to allow sediment of suspended particles.

Desilting basins shall be constructed around the perimeter of projects. Basins should be located where maintenance access is provided from paved roads during wet weather.

Desilting basins constructed from compacted earth shall be compacted to a relative compaction of 90% of maximum density. A soil engineering report including the type of field-testing performed, location and results of testing, shall be submitted to the city engineer for approval upon completing the desilting basin(s).

Equipment and workers, for emergency work, shall be available at all times. Necessary materials shall be available on-site and stockpiled at convenient locations to facilitate rapid construction of temporary erosion control devices if needed.

Unless otherwise approved by the city engineer, erosion protection shall include effective planting of all slopes in excess of three feet in height. Slopes exceeding 15 feet in height may require an adequate sprinkler system, as determined by the city engineer.

10.

All slopes greater than five feet in height shall be permanently landscaped with the landscaping established prior to October 1st. If the permanent landscaping is not installed and sufficiently established prior to October 1st, the slope(s) shall be covered with protective materials and soil stabilizers approved by the city engineer.

11.

All disturbed slopes shall be planted and protected within 45 days of the completion of each stage of grading. Suitable measures to prevent slope erosion, including but not limited to, rapid growth vegetation sufficient to stabilize the soil, shall be installed on all disturbed areas until such time as the permanent vegetative cover sufficiently matures to provide permanent stability.

12.

Erosion control provisions shall include and complement drainage patterns during the current and future phases of grading throughout the rainy season.

13.

Graded areas around the project perimeter must drain away from the face of slopes at the conclusion of each working day.

Erosion Control Maintenance.

Erosion control systems shall be serviced and maintained to provide continuous capacity and to adequately function as designed. After precipitation exceeding one-quarter inch in any 12 hour period, or upon direction of the city engineer, silt and debris shall be removed from check dams and desilting basins and the basins pumped dry and otherwise restored to the original design condition.

The performance of the erosion control system shall be evaluated by the city engineer and revised and replaced as ordered.

The construction and maintenance of all erosion control systems shall conform to the approved erosion control plan unless otherwise approved by the city engineer.

The contractor, permittee, or project owner shall be responsible for and take necessary precautions to prevent public trespass into areas where impounded water creates a hazardous condition. Necessary precautions may include, but not limited to, appropriate perimeter fencing, or a 24 hour guard in order to prevent unauthorized persons from entering the basin(s).

Any sprinkler system, controlled by timers, used with an erosion control system, shall be inspected every 30 days to assure proper functioning of the timer device.

Erosion Control Design and Implementation.

If a project design includes grading or construction within 100 feet of any environmentally sensitive areas, additional erosion control measures may be required within all disturbed areas in order to minimize the impacts to the environment. These measures may require the approval of the city engineer as well as approval and certification by the engineer of record for the project. Such approved and certified systems shall be completed, inspected, and in place no later than October 1st. The additional erosion control measures may include, but not limited to, installing protective materials and stabilizers, along banks and within waterways and over all disturbed areas. The additional erosion control measures may also include a full time (24 hour) on-site guard during storms and when the precipitation amount is expected to exceed one-half inch in any 24 hour period. The precipitation forecast shall be as established by the National Weather Service.

All erosion control systems require approval by the city engineer and approval and certification by the engineer of record. Such approved and certified systems shall be completed, inspected, and in place no later than October 1st. All erosion control systems shall remain in place at all times for all areas in which construction is not scheduled to commence within the next seven days. All erosion control systems shall remain in place until May 31st. The May 31st date may be extended by the city engineer upon determination that there is a substantial likelihood of significant precipitation after May 31. The city engineer shall use information as provided by the National Weather Service to make such determination.

All removable protective devices shown shall be in place at the end of each working day when the five day rain probability forecast exceeds 40%. The forecast shall be as determined by the National Weather Service.

The faces of cut and fill slopes and the project site shall be prepared and maintain to control erosion. Slope protection may be waived by the city engineer for cut slopes, which are not subject to erosion because of the erosion resistant character of the materials.

If construction of erosion control systems outside of the project boundaries are necessary, permission to construct such systems from the owner of such off-site property. Plans for the off-site systems shall be included with the on-site plans submitted to the city engineer. The plans for the off-site erosion control systems shall include permission to grade and maintain the erosion control systems from all affected property owners and letters of clearance and/or permits from all appropriate governmental entities.

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 or other equally effective means shall be used on a regular basis to control erosion, which has been deposited on streets or sidewalks. Watering shall not be used to clean streets except for the removal of fine material not otherwise removed by sweeping or other mechanical means.

The contractor, permittee, or property owner shall be responsible for inspection, modification, and proper maintenance of the erosion control devices as necessary. If the contractor, permittee, or property owner fails or refuses to properly maintain the erosion control devices, the city engineer:

May cause emergency maintenance work to be done in order to protect potentially impacted property. The cost shall be deducted for the erosion control security posted for the project pursuant to subsection (H)(4) of this section and shall include all costs related to the emergency maintenance including initial mobilization and performance of the work in addition to applicable administrative costs.

Shall revoke the grading permit in writing. The permit shall not be renewed until an erosion control system approved by the city engineer is installed or necessary maintenance of an existing system is completed.

If any grading subject to Section 8.21.020 of this chapter has commenced on private property without a valid grading permit, the property owner shall be required to obtain a valid permit before continuing and grading, and may be required to prepare and implement an erosion control plan, approved by the city engineer. If the property owner fails to install an approved erosion control system, the city engineer shall cause emergency work to be done to protect potentially impacted property and to protect environmentally sensitive areas. The procedures of subsections B, C and D of this section need not apply for emergency erosion control work between October 1st and May 31st. The cost of such emergency work shall be charged to the owner pursuant to the procedures set forth in subsection (H)(4) of this section.

Erosion Control Security.

Requirement for Security. Prior to approval of the grading permit, an erosion control plan for the project site shall be submitted to and approved by the city engineer and securities meeting the requirements contained herein shall be posted with the city. The security shall guarantee the following:

Compliance with all provisions of this section and all other applicable ordinances;

Compliance with any and all terms and conditions of the permittee's approved erosion control plan;

Completion of the erosion control system, to the satisfaction of the city engineer, and in accordance with the approved erosion control plan;

Completion of all emergency and routine maintenance and repair of the erosion control system(s) to insure the continuous integrity of the system(s) to the satisfaction of the city engineer and as may otherwise be required by this section;

Restoration and repair of public streets or other property adversely impacted by erosion from permittee's project.

Amount and Form of Security. The amount of the security shall be equal to 100% of the total estimated cost of the erosion control system(s). The permittee's estimate of such cost shall be based on the established unit costs available from the city and shall be subject to the review and approval of the city engineer. At least 25% of the required security shall be in cash and shall be deposited with the city engineer. The remainder of the erosion control security shall be subject to the approval of the city engineer and city attorney, and consist of one or more of the following:

Cash deposit;

A bond;

A certificate of deposit;

A letter of credit, in city format, from one or more local financial institution(s) subject to regulation by the state or federal government.

Failure to Provide Security. If a permittee fails to provide the security required by this section prior to October 1st each year, the city engineer may revoke the permittee's grading permit without prior notice to the permittee. Any such revocation shall be in writing.

Use of Cash Deposit. The city engineer may cause certain erosion control work to be done under any of the following circumstances:

Failure of the permittee to commence emergency repair or maintenance work within 12 hours of receipt of a written demand therefor from the city engineer, or within 12 hours of the city engineer's attempt to communicate such demand via the telephone number listed on the approved plans or as provided by the permittee.

Failure of the permittee to commence other repair or maintenance work within 72 hours of receipt of a written demand therefor from the city engineer.

Failure of the permittee to diligently pursue completion of any required repair or maintenance work or to complete such work within a reasonable time period established by the city engineer.

Failure of the permittee to complete installation of an erosion control system prior to October 1st.

Failure of the permittee, after notice from the city engineer, to clean or repair public streets or other public property, where debris, damage or erosion resulted from the permittee project.

The permittee shall be liable to the city for the cost of any repair work that was necessary as a result of and in accordance with the provisions of this section. The city engineer may withdraw from the permittee's cash deposit for erosion control security, any funds necessary to pay for such work. The city engineer shall notify the permittee of any withdrawal from the permittee's cash deposit. If the cost for such work exceeds the balance of the permittee's funds on deposit, the city engineer shall cause an invoice to be sent to the permittee demanding payment of the amount by which the cost of the work exceeds the permittee's deposit. The permittee shall, within 10 days of receipt of such invoice, deposit with the city engineer, that amount of cash necessary to bring the permittee's deposit up to its original balance. If the permittee fails to pay such amount in full within 30 days from the date of the invoice, the permittee's grading permit shall be automatically revoked. Renewal of the grading permit shall not be completed until the invoice is paid in full. No final grading inspection shall be completed until the permittee has fully satisfied all monetary obligations to the city imposed pursuant to the provisions of this section. Additionally, no further construction permits, including but not limited to, building permits or occupancy permits, shall be issued until such monetary obligations are fully satisfied.

Release of Security. On June 1st of each year, or upon the end of the actual rainy season (as determined by the city engineer) whichever occurs later in time, the city engineer may release any erosion control security posted or deposited pursuant to this section, upon receipt of a written request for such release by the permittee.

The city engineer shall be responsible for determining the end of the rainy season if it occurs after May 31st of any given year. The determination shall be based upon available meteorological information.

The city engineer shall not release a permittee's security if the permittee has an outstanding monetary obligation to the city incurred pursuant to the provisions of subsection (H)(4) of this section or if cleanup or repair of public streets or other public property for which the permittee is responsible, has not been completed to the satisfaction of the city engineer.

Any unused portion of the permittee's erosion control security may also remain on deposit with the city throughout the grading of the project and not be released until completion of the landscaping improvements for the project if it is determined by the city engineer that due to the nature, configuration, or location of the project, it is in the best interest of the city to retain said erosion control security until to projects completion.

(Ord. 827 § 2.2, 2011; Ord. 1001 § 2, 2023)

§ 8.21.170 National Pollutant Discharge Elimination System (NPDES).

General Requirements.

On September 2, 2009, the State Water Resources Control Board (SWRCB) approved waste discharge requirements associated with construction activity. The regulations affect all construction sites that disturb an area of one acre or more.

As a condition of the Santa Ana Regional Water Quality Control Board, a National Pollutant Discharge Elimination System permit will be required for all sites that disturb an area of one acre or more. Prior to issuance of a grading permit, each applicant shall provide an NPDES permit number (WDID#) to the city engineer.

A complete NPDES permit for stormwater runoff associated with construction activity application and general requirements may be obtained from the State Water Quality Control Board. In general, the permit requires the following information to be filed with the California State Water Resource Control Board (SWRCB):

A notice of intention (NOI). The NOI application is in the construction permit package;

Risk assessment;

Site map;

A stormwater pollution prevention plan (SWPPP). Conditions are outlined in the construction permit package;

Annual fee;

Signed certification statement.

It is the permittee's responsibility to obtain the application package, complete the information and reports as noted above, and maintain the site throughout the duration of the project as required by the permit. All of the information noted above shall be maintained on-site during construction and shall be presented upon demand by State Water Resource Control Board inspectors, the city of Moreno Valley inspectors or any member of the public.

(Ord. 827 § 2.2, 2011)

§ 8.21.180 Grading inspection.

Site Inspection by the City Engineer. Prior to any grading, brushing, or clearing, there shall be a pre-grading meeting held on the site unless waived by the city engineer. Prior to placing concrete for curb and gutter, sidewalk, pavement base material or other similar improvement in the public right-of-way, there shall be a pre-paving meeting held on the site unless waived by the city engineer. The permittee, or agent for the permittee, shall notify the city engineer and request the meeting(s) at least two working days prior to the meeting(s) and shall also be responsible for notifying all principals responsible for grading or paving operations.

It shall be the responsibility of the person doing the work authorized by a permit, to notice the city engineer at least two working days prior to the work being ready for the following inspections:

Excavation and Fill Inspection.

Canyon Clean Out. After all brush and unsuitable material has been removed and an acceptable base has been exposed, but before any fill has been placed;

Toe Bench and Key. After the natural ground or bedrock has been exposed and prepared to receive fill, but before fill is placed;

Over Excavation. After the area has been excavated but before fill is placed;

Excavation. After the excavation has started, but before the vertical depth of the excavation exceeds 10 feet, and every 10 foot interval thereafter;

Fill. After the fill has started, but before the vertical height of the fill exceeds 10 feet and every 10 foot interval thereafter.

Concrete or Gunite Drainage Device Inspection.

Alley Gutter or Concrete Drainage Device. After the sub-grade is prepared and any reinforcement placed but prior to concrete placement and then again after concrete placement;

Terrace Drains, Down Drains, Brow Ditches. After grade has been established but before placement of welded wire mesh or reinforcement and then again after placement of concrete or gunite.

Other Drainage Devices.

Subdrains. After excavation but prior to placement of filter materials and pipe. The subdrain pipe and filter material shall be on site for inspection. Inspection shall also occur after placement of pipe and filter material but before backfill;

City Storm Drains and Inlets. After installation of form-work and placement of reinforcement but before concrete placement and then again after placement of concrete and removal of form-work but prior to backfilling. Inspection shall also occur after backfilling and completion of storm drain;

Earth Swales. Prior to rough grading approval and then again prior to final grading approval.

Rough Grade Inspection. When all rough grading as been completed. Inspection may be called for at the completion of rough grading after the city engineer has received, reviewed and approved the required geotechnical certification(s) and/or compaction reports and the civil engineer has submitted approval of line and grade on city approved format. Under normal circumstances, all subdrains and slope drains, if required, shall be in place and approved as a condition of rough grading approval.

Paving Inspection (In Public Right-of-Way).

Subgrade. After subgrade has been established, tested, and approved by the soil engineer, or his or her qualified representative, the soil engineer may leave a field memo of compaction test results on site. The civil engineer shall provide approval of line and grade;

Base. After base course has been placed, tested, and approved by the soil engineer or his or her qualified representative, but prior to prime coat and asphalt placement, the soil engineer may leave a field memo of compaction test results on site. Material invoices or weight tickets shall be required;

Asphalt Concrete. During asphalt placement to verify compliance with plans and specifications. Material invoices or weight tickets shall be required. Prior to application of seal cost, the paved surface shall be water tested to reveal any irregularities and shall be patched where required.

Final Inspection.

When all work, including installation of all drainage structures and other protective devices has been completed and all written professional approvals and the required reports have been submitted.

Siltation Control Facilities (October 1st to May 31st).

After excavation of desilting basins but prior to fill placement. Pre-fabricated drainage devices are to be available on site for inspection;

After fill placement of desiltation basins but prior to placement of concrete or other non-erosive materials (if applicable);

After completion of an erosion control system in accordance with an approved erosion control plan and the requirement of the city engineer.

Notification of Noncompliance. If, in the course of fulfilling their responsibility under this chapter, the civil engineer, the soil engineer, the engineering geologist, or the testing agency finds that the work is not begin completed in accordance with the approved plans, specifications, recommendations or requirements of this chapter, the discrepancies shall immediately be reported in writing to the grading contractor, the owner and the city engineer. Recommendations for corrective measures shall be submitted to the city engineer for approval and shall be incorporated on to the approved plans upon approval by the city engineer.

Special Inspections. The city engineer may establish special inspection requirements in accordance with the 2010 edition of the California Building Code, amended, for special cases involving grading or paving related operations. Special cases may apply to work where, in the opinion of the city engineer, it is necessary to supplement the resources or expertise available for inspection.

General. It shall be the responsibility of the civil engineer that prepared the grading plans to incorporate the applicable recommendations for the soil engineering and engineering geology reports into the grading plan. The civil engineer shall be responsible for establishing line and grade for the grading and drainage improvements, and shall act as the coordinating agent in the event the need arises for liaison between the other professionals, the contractor, and the city engineer. The civil engineer shall also be responsible for the preparation of plan revisions, unless waived by the city engineer, and upon completion of the work, the submission of as-built grading plans incorporating all changes and/or additional made during construction.

Soil engineering and engineering geology reports shall be required as specified in Section 8.21.190(A). During grading, all necessary reports, compaction data, soil engineering and engineering geology recommendations shall be submitted for distribution as required.

The soil engineer's area of responsibility shall include, but not be limited to, the professional inspection and approval concerning the preparation of ground to receive fills, testing for required compaction, stability of all finished slopes, design of buttress fills where required, and incorporating data supplied by the engineering geologist.

The engineering geologist's area of responsibility shall include, but not be limited to, professional inspection and approval of the stability of cut slopes with respect to geological matters, and the needs for subdrains or other ground water drainage devices. The engineering geologist shall report all findings to the soil engineer for engineering analysis.

The city engineer shall inspect the project at various stages of work requiring approval, and at any more frequent intervals necessary to determine that adequate inspection and testing are being completed by the professional consultants and to insure conformance with the approved plans and specifications.

When preliminary soil engineering reports are not required by the city engineer, inspection and testing may be required by an approved testing agency. The testing agency's responsibility shall include, but not be limited to, approval of cleared areas and benches to receive fill, and the compaction of fills.

Transfer of Responsibility for Approval. If the civil engineer, the soil engineer, the engineering geologist, the testing agency or the grading contractor of record are changed during the course of the work, the work may be stopped until:

The owner submits a letter of notification to the city engineer verifying the change of the responsible professional; and

The new responsible professional submits in writing that he or she has reviewed all prior reports and/or plans (specified by date and title) and work performed by the prior responsible professional, and that he or she concurs with the findings, conclusions, and recommendations, and is satisfied with the work performed. He or she must also state that he or she assumes all responsibility within his or her purview as of the specified date.

All exceptions to the noted requirements must be justified to the satisfaction of the city engineer.

Where clearly indicated that the firm, not the individual engineer and/or geologist, is the contracting party, the designated engineer and/or geologist may be reassigned and another engineer and/or geologist within the firm may assume responsibility without the requirement for written notification to the city engineer.

Other Inspections by the City Engineer.

Prior to the approval of any building or grading plans and specifications, the city engineer may inspect the site to determine that the plans and specifications are current and reflect existing conditions.

The permittee or agent for the permittee shall notify the city engineer when the grading operations specified are ready for inspection.

If the inspector finds the soil or other conditions not as shown on the approved plans or stated in the geotechnical reports or as noted within any additional information which was required for issuance of the grading permit, he or she may issue a stop work order until approval is obtained for a revised grading plan or modification to any applicable reports which will conform to the actual site conditions.

The provisions of Section 115, Stop Orders, of the 2010 California Building Code (CBC) shall apply to all grading work, whenever the city engineer determines that any work does not comply with the terms of the permit, or this chapter, or that the soil or other conditions are not as stated on the permit, he or she may order the work stopped by notice in writing served on any person(s) engaged in doing or causing of such work to be done, and any such person(s) shall immediately stop such work until authorized by the city engineer to proceed with the work.

Prior to issuance of building permits for a graded site, the rough grading shall be completed in accordance with the approved plans and specification, and this chapter, and to the satisfaction of the civil engineer, or architect, engineering geologist, soil engineer, and city engineer.

Whenever any work on which inspection are required, is covered or concealed by additional work without first being inspected, the city engineer may require, by written notice, that such work be exposed for examination. Any cost for exposing and recovering such noninspected work shall not entail or be subject to expense by the city.

(Ord. 827 § 2.2, 2011)

§ 8.21.190 Completion of work.

Final Reports. Upon completion of the rough grading work and at the final completion of the work under a grading permit, but prior to the release of grading security or issuance of a certificate of occupancy, the city engineer will require:

An as-built grading plan prepared by the civil engineer which shall include original ground surface elevations, as-graded ground surface elevations, slope inclinations, elevations and locations of all surface and sub-surface drainage facilities location with scaled sections of all buttress/stabilization fill, and location and depth of all areas of unsuitable soil.

A written approval by the civil engineer approving the grading as being in conformance with the approved grading plan and which specifically approves the following items as appropriate to the project or stage of grading:

Construction of line and grade for all engineered drainage devices and retaining walls (rough and final grading);

Staking of property corners for proper building locations (rough grading);

Setting of all monuments in accordance with the recorded tract map (rough or final grading);

Locations of permanent walls or structures on property corners or property lines where monumentation is not required (final grading);

Location and inclination of all manufactured slopes (rough and final grading);

Construction of earthen berms and positive building pad drainage (rough and final grading).

A soil engineering report (compaction report) prepared by the soil engineer, including type of field testing performed, stability of utility trench and retaining wall backfill, 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. Each field density test shall be identified, located on a plan or map, the elevation of the test and finish grade elevation shown, and the method of obtaining the in-place density described; either ASTM 1556-78 or the approved equal shall be so noted. The soil engineer shall provide written approval as to the adequacy of the site for the intended use, as effected by soil engineering factors and a statement of compliance to finish grade.

A geologic 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 the same on recommendations incorporated in the approved grading plan. He or she shall provide written approval as to the adequacy of the site for the intended use as effected by geologic factors, a statement of compliance to finish grade, and when required by the city engineer, shall submit an as-built geologic map.

A statement of compliance prepared by the grading contractor that the work was completed in accordance with the approved plans may be required by the city engineer in certain cases.

Notification of Completion. The permittee or agent for the permittee shall notify the city engineer when the grading operation is ready for 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 approved grading plan and the required reports and statements of compliance have been submitted and approved.

(Ord. 827 § 2.2, 2011)

§ 8.21.200 Penalty for violation.

Any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof in a court of law, shall be punishable by fine of not more than $500 or imprisonment for not more than six months, or by both. Each such person, firm or corporation shall be deemed guilty of a separate offense for every day during any portion of which any violations of any provisions of the chapter, including any physical condition created in violation of this chapter, is permitted, continued, or committed by such person, firm or corporation, and shall be punishable therefor as provided for in this chapter. Any lot, street, alley, road, driveway which is constructed contrary to the provisions of this chapter shall constitute a public nuisance.

(Ord. 827 § 2.2, 2011)