This chapter shall be known as the grading ordinance of the
city of Rancho Mirage.
(Ord. 398 § 1, 1987)
The purpose of the grading 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, general welfare, aesthetic value and natural resources;
to encourage contoured grading in conformance with natural to encourage
contoured grading in conformance with natural terrain; to minimize
differential settlement, slipping or sliding of earth; to protect
adjacent properties from damage caused by blockage, diversion or channeling
of natural run-off waters to require engineering and geological analysis
of soil conditions; to provide erosion control and proper drainage;
to provide a basis for the design of footings, floor slabs and structures
to be erected on parcels of land whose natural topography has been
altered; to establish an administrative procedure for issuance of
permits; to provide for approval of plans and inspection of grading
construction; and to provide for the enforcement of the requirements
contained in this chapter.
(Ord. 398 § 2, 1987)
For purposes of this chapter, the following words and phrases
shall have the meanings set out in this section:
means a written professional opinion by the responsible principal
of record concerning the satisfactory progress and completion of the
work under this purview unless it specifically refers to the city
engineer.
means the most current grading plans which bear the signature
of approval of the city engineer.
means a facility which spends the majority of its time in
the field of applied soil mechanics and foundation engineering; which
is equipped to perform and certify the tests and procedures required
in this chapter; and which operations are conducted under the responsible
supervision of a registered civil engineer.
means the surface configuration upon completion of grading.
means in-place solid rock.
means a relatively level step excavated into earth material
on which fill is to be placed.
means earth material acquired from an off-site location for
use in grading on a site.
means the city engineer of the city of Rancho Mirage or his
duly authorized representatives.
means a professional engineer registered in the state of
California to practice in the field of civil engineering.
means the application of the knowledge of the forces of nature,
principles of mechanics, and the properties of materials to evaluation,
design and construction of civil works for the beneficial uses of
mankind.
means the removal of vegetation (grass, brush, trees and
similar plant types) by mechanical means.
means the densification of a fill by mechanical or other
acceptable means.
means any rock, natural soil, or fill, and/or any combination
thereof.
means a report prepared under the supervision of an engineering
geologist providing a geologic map of a site, information on geologic
measurements and exploration performed on the site and surrounding
area and providing recommendation for remedial measures necessary
to provide a geologically stable site for its intended use.
means a geologist certified by the state of California to
practice 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 work.
means the process by which the ground surface is worn away
as a result of the movement of wind or water.
means any combination of desilting facilities, retarding
basins 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.
means any act by which soil, sand, gravel or rock is cut
into, dug, quarried, uncovered, removed or relocated, and shall include
the conditions resulting therefrom.
means a fracture in the earth's crust along which movement
has occurred. A fault is considered active if movement has occurred
within the past eleven thousand years (Holocene geologic time).
means a deposit of soil, sand, gravel, rock or other material
placed by artificial means.
means all groundwater, information, well development requirements
and seepage evaluations, appropriate to site development.
means a report which contains all appropriate soil engineering,
geologic, geohydrologic, and seismic information, evaluation, recommendations
and findings. This type report combines both engineering geology and
soil engineering reports.
means the vertical elevation of the ground surface.
Existing grade
means the ground surface prior to grading.
Finish grade
means the final grade of the site which conforms to the approved
plan.
Natural grade or natural ground
means the ground surface unaltered by artificial means.
Rough grade
means the stage at which the grade approximately conforms
to the approved plan.
is any process of excavation or filling or combination thereof.
means a contractor licensed and regulated by the state of
California who specializes in grading work or is otherwise licensed
to do grading work.
means a guideline containing information concerning the design,
installation, and maintenance of landscape and irrigation systems,
as adopted by the city council by resolution.
means a designed compact fill placed in a trench excavated
in earth material beneath the toe of a proposed fill slope.
means an excavated trench into competent earth material beneath
the toe of the proposed fill slope.
means a landscape architect registered by the state of California.
means the downward and outward movement of soil, sand, gravel,
rock or fill or a combination thereof.
means any person, agency, firm or corporation having a legal,
possessory or equitable interest in a given real property.
means any person or owner to whom a permit is issued pursuant
to this code.
"Finish grading permit" means a permit that is issued on
the basis of approved plans which show the precise locations of structures,
finish elevations, drainage details and all on-site improvements on
a given property.
"Rough grading permit" means a permit that is issued on the
basis of approved plans which show the precise locations of structures,
finish elevations, drainage details and all on-site improvements on
a given property.
Unless indicated otherwise, references in this code to civil
engineer, soil engineer, geologist, landscape architect and engineering
geologist refer to the professional person(s) preparing, signing or
approving the project plans and specifications which comprise the
approved grading or landscape-irrigation plan, or his successor appearing
pursuant to Section 25.64.410.
means:
means a wall designed to resist the lateral displacement
of soil or other materials.
means any lot or parcel of land or contiguous lots or parcels,
or combination thereof, where grading is performed or permitted.
means an inclined ground surface of a fill, excavation, or
natural terrain, the inclination of which is expressed as a ratio
of horizontal distance to vertical distance. The height of a slope
is the vertical measurement taken from the toe of the slope to the
top of the slope.
Gross stability
means the factor of safety against failure of slope material
located below a surface approximately three to four feet deep, measured
from and perpendicular to the slope face.
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.
means earth material of whatever origin, overlying bedrock
and may include the decomposed zone of bedrock which can be readily
excavated by mechanical equipment.
means a civil engineer duly registered in the state of California,
who:
Is engaged in the practice of civil engineering and spends a
majority of his time in the field of applied soil mechanics and foundation
engineering;
Has at least four years of responsible practical experience
in the field of applied soil mechanics;
Has access to an adequately equipped soils testing laboratory;
means the application of the principles of soil mechanics
in the investigation, evaluation, and design of civil works involving
the use of earth materials and the inspection and testing of the construction
thereof.
means a report prepared under the responsible supervision
of a soils engineer which includes:
Preliminary information concerning engineering, properties of
soil and rock on a site prior to grading, describing locations of
these materials and providing recommendations for preparation of the
site for its intended use;
Grading report including information on site preparation, compaction
of fills placed, providing recommendations for structural design and
approving the site of its intended use.
means a temporary, uncompacted fill or embankment placed
by artificial means, which is designated or intended to be moved or
relocation at a later date.
is any soil or earth material which, under the criteria of
this chapter or under the criteria of an approved geotechnical report,
is suitable for use as fill or for any other intended purpose.
means a chemical compound occurring in soil or water, which
in concentration has a corrosive effect on ordinary Portland cement
concrete and some metals.
means a relatively level step constructed in the face of
a graded slope surface for drainage and maintenance purposes.
shall be the latest edition of the UBC adopted by the city
of Rancho Mirage, published by the International Conference of Building
Officials.
shall be any soil or earth material having properties or
characteristics which, under the criteria of this chapter or under
the criteria continued in any approved geotechnical report, make it
unsuitable for use as fill or for any other intended use. There properties
or characteristics include but are not limited to: organic content
of the material exceeds three percent; rock diameters exceeding eight
inches, the presence of concrete or asphalt, or the presence of expansive
soils within four feet of finish grade of any area intended or designed
as a location for a building.
(Ord. 398 § 4, 1987)
No person shall conduct any grading, excavation, earth moving,
filling, clearing, brushing or grubbing on natural or existing grade,
or perform work that is preparatory to grading, without first having
obtained a valid grading permit in accordance with this chapter, except
for the following:
A.
An
excavation below finished grade for basements and footings for a building,
mobilehome, retaining wall, septic system, or other structure authorized
by a valid building permit or excavation permit. This shall not 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;
B.
Cemetery
graves;
C.
Refuse
disposal sites controlled by other regulations or agencies;
D.
Earthwork
or construction controlled by the 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. This
exemption, however, shall apply only when the earthwork construction
takes place on the property, or dedicated rights-of-way or easements
of the above agencies;
F.
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;
G.
Exploratory
excavations under the direction of soil engineers, archaeologists
or paleontologists, engineering geologists, provided all excavations
are properly backfilled or otherwise restored;
H.
An
excavation which does not exceed fifty cubic yards on any site and
which is less than two feet in vertical depth and does not adversely
affect the stability of any existing slopes or alter drainage conditions;
I.
A fill
less than one foot in depth, placed on a natural grade with a slope
flatter than five horizontal to one vertical, which does not exceed
fifty cubic yards on any one lot and does not obstruct a drainage
course;
J.
Except
within an identified resource conservation area, or when determined
otherwise by the city engineer, clearing, brushing and minor grading
for agricultural or livestock purposes provided all excavated material
is placed on the same site and such operations do not affect the lateral
support or increase the stresses in or pressures on any contiguous
property, or block or divert any natural water courses, or result
in dumping or organic or hazardous waste, or cause unreasonable downstream
siltation. This grading includes, but is not limited to, contour grading
to provide for orchard planting, minor leveling not exceeding three
vertical feet of either excavations or fill of two crops, installation
of irrigation systems, and stockpiling of fertilizer or other amendments.
(Ord. 398 § 5, 1987)
No person shall grade upon nor shall any permit be issued for
grading upon natural or existing grade steeper than two horizontal
to one vertical unless such grading is required to mitigate a geologic
hazard to adjacent grade, or is required for the construction of necessary
access or fire roads, all as approved by the city engineer.
(Ord. 398 § 6, 1987)
A.
Except as exempted in this chapter, no person shall do any grading nor shall an owner allow any grading on his property unless the person or owner has a valid grading permit of the type described in Section 15.64.070 issued by the city engineer authorizing such grading. An owner is presumed to have allowed grading which has been done on property occupied by him or is under his dominion and control. This presumption is a presumption affecting the burden of producing evidence. A separate grading permit shall be required for each site. A grading permit may authorize both excavations and fills.
B.
Further,
it shall be unlawful for any person to stockpile, deposit or allow
the placement, construction, or deposition of earth material on any
real property in excess of fifty cubic yards without first obtaining
a grading permit, described in this chapter, and without the subsequent
processing of the material until a relative compaction of ninety percent
of maximum density compaction has been achieved, unless part of an
approved stockpile grading plan.
(Ord. 398 § 7, 1987)
A.
A rough
grading permit or a finish grading permit may be issued for grading
work, upon completion of a property application, submittal or other
required date, and review and approval of grading plans by the city
engineer.
B.
A stockpile
grading permit may be issued for the temporary stockpile of materials,
provided the materials shall be removed from the stockpile site, or
compacted and worked thereon under a subsequently issued rough or
finish grading permit within six months of the issuance of the stockpile
grading permit, and provided further that the stockpile material is
graded and placed such that unreasonable erosion will not occur. A
grading plan shall be required for stockpile grading permit, and a
cash deposit or other security may be required by the city engineer
to issue property erosion control and cleanup, and removal of the
stockpile.
C.
1.
An
agricultural grading permit and plan may be required by the city engineer
when agricultural grading, as defined in this chapter, is intended
to be done within any identified resource conservation area, or when
in his opinion, the agricultural grading has been determined to present
a hazard to any adjoining or downstream public or private property,
may cause siltation or erosion, or violates any provision of this
chapter.
2.
In
such cases, the city engineer may require any or all of the following
prior to the approval and issuance of an agricultural grading permit:
a.
Submittal of satisfactory evidence that the property is to be used
exclusively for agricultural or livestock purposes and such grading
is attendant to that purpose;
b.
The preparation, submittal and processing of grading and erosion
control plans;
c.
The posting of suitable securities.
|
If such evidence is not deemed satisfactory, the city engineer
may require that a rough, finish or stockpile grading permit be issued.
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D.
Paving
Grading Permit. No person shall construct concrete or bituminous pavement
surfacing in a resource conservation area, in excess of six thousand
square feet, on natural or existing grade for the purpose of a private
road or travelway, or in excess of one thousand square feet for any
commercial, industrial, multiresidential parking lot, without a valid
grading permit unless waived by the city engineer or a separate improvement
plan for such paving is approved and signed by the city engineer or
his designated representative. Resurfacing or maintenance of paved
surfaces shall be exempt from this requirement.
(Ord. 398 § 8, 1987)
A.
The
city engineer may require a soils investigation and/or engineering
geology report for any grading permit as he solely deems necessary
to correlate surface and subsurface conditions with the proposed grading
plan. The results of the investigation shall be presented in a soils
report by a soil engineer which shall include, but need not be limited
to, data regarding the nature, distribution and strength of existing
soils and rock on the site; the soils engineer's conclusions and recommendations
for grading requirements, including the correction of weak or unstable
soil conditions and treatment of any expansive soils that may be present;
and his opinions as to the adequacy of building sites to be developed
by the proposed grading operations.
B.
The
city engineer may require such supplemental reports and data as he
deems necessary upon his review of the site and the reports and other
data submitted. Such test may include tests for soil fertility and
agricultural suitability to be performed at the conclusion of rough
grading by a recognized agronomic soil testing laboratory, with written
analysis and recommendation, to be utilized during any required landscaping.
C.
Recommendations
included in such reports and approved by the city engineer, shall
be incorporated in the grading plan, landscape-irrigation plan and
specifications.
(Ord. 398 § 9, 1987)
A.
Grading
permit applications shall be provided in a form approved by the city
engineer.
B.
A separate
application with plans, specifications and other supplemental data,
shall be required for each grading permit. The application shall be
signed by the owner of the property to be graded.
C.
A complete
grading permit application shall be submitted for city review and
approval along with the following items, completed and signed by the
applicant or his representatives, unless otherwise waived or specified
by the city engineer, or this code:
1.
Application
form;
2.
Grading
plan (prints in duplicate);
3.
Preliminary
soil investigation report (in duplicate);
4.
Preliminary
geologic report (in duplicate);
5.
Erosion
control plans (in duplicate);
6.
Grading
plan check fee;
7.
Landscape
and irrigation plan (in duplicate);
8.
Agronomic
soils report;
9.
Hydrology
and hydraulic report;
10.
Haul route, including source of borrow or disposal;
11.
Environmental assessment checklist (from planning department);
12.
Geotechnical report review fee.
(Ord. 398 § 10, 1987)
A.
A grading
plan shall consist of a general set of plans of five mil mylar reproducible
sheets measuring twenty-four inches by thirty-six inches, drawn to
an engineering scale of a maximum of one inch equals fifty feet, showing
the original and designed finish contours, spot elevations of building
pads and public improvements, slope ratios, proposed and existing
drainage facilities and patterns, protective fencing, retaining walls,
and any structures or buildings on adjacent properties within fifteen
feet of the common property lines, and the existing elevations of
adjoining/adjacent properties and parcels.
B.
All
grading plans shall be signed and stamped by a registered civil engineer.
The city engineer may waive this requirement when in his opinion the
proposed grading entails little hazard to any property, and either:
1.
The
proposed grading meets the criteria for a stockpile permit or an agricultural
grading permit; or
2.
The
proposed grading does not exceed one hundred cubic yards, is upon
a single lot or parcel, does not necessitate construction of extensive
drainage structures, erosion control facilities, or other facilities
and does not interfere in any way with existing natural or improved
drainage courses or channels.
C.
A statement
of quantities shall be on the plan, giving the estimated cubic yards
or excavation, embankment, import, export, and the shrinkage or swell
factor.
D.
All
grading plans shall also include a vicinity map, legend, address of
parcel, north arrow, bearing and distance of property lines, prominent
existing or natural terrain features, setbacks from tops and toes
of slopes to property lines or other features, daylight lines, and
drainage patterns.
E.
Finish
grading plans shall show the footprint for all proposed structures,
setback distances therefrom, detailed finish grading, finish floor
elevations, yard swales and drains, all concrete sidewalks, driveways
or flatwork which will be used for drainage and drainage retention
areas.
F.
The
title sheet of all grading plans shall show the names, addresses and
phone numbers of the site owner, the responsible civil engineer, project
soil engineer and geologist, and the subdivider or developer of the
property if different from the owner. At least one print submitted
to the city engineer shall be signed by the soil engineer and geologist.
G.
The
grading plans shall also show such other information as required by
the city engineer.
(Ord. 398 § 11, 1987)
A.
Two copies of the soil investigation/geotechnical report required in Section 15.64.080 shall be submitted as part of the application for grading permit. Each report shall contain all information applicable to the project and shall be prepared in accordance with generally accepted geotechnical engineering practice.
B.
Recommendations
contained in the approved reports shall be incorporated into the grading
plans and specifications and shall become conditions of the grading
permit.
1.
Preliminary
Soil Report. The preliminary (initial) soil engineering report shall
include information and data regarding the nature, distribution, physical
and chemical properties of existing soils including, but not limited
to, expansion index and soluble sulfate content; conclusions as to
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,
commensurate with the project grading and development.
2.
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 suspected
of being adversely affected by faulting, or by landslides.
3.
The
preliminary (initial) engineering geology report shall include a comprehensive
description of the site topography and geology including, where necessary,
a geologic map; an opinion as to the adequacy of the proposed development
from an engineering geologic standpoint; an opinion as to the extent
that known or reasonably inferred instability on adjacent properties
may adversely affect the project; a description of the field investigation
and findings; conclusions regarding the effect of geologic conditions
on the proposed development, and shall provide other recommendations
as necessary, commensurate with the project grading and development.
The preliminary engineering geology report may be combined with the
preliminary soil engineering report.
C.
Seismicity
Report.
1.
A
seismicity report shall be required as a condition for issuance or
a grading permit and/or building permit for all subdivisions (tracts);
and all sites for critical structures (fire stations, nursing homes,
etc.) and major structures, as determined by the city engineer. Additionally,
sites containing earthquake-sensitive earth materials and/or sites
that are located on or near potentially active or active faults shall
also require a seismicity report, as determined by the city engineer.
2.
The
report shall be prepared by an engineering geologist, geophysicist
or a civil engineer with expertise in earthquake technology and its
application to buildings and other civil engineering works. The scope
of the report shall be commensurate with the proposed development
and shall reflect the state of the art. The seismic report may be
combined with the soil and engineering geology reports.
(Ord. 398 § 12, 1987)
A.
Landscaping
and irrigation facilities shall be required for, but not limited to,
all graded slopes greater than five feet in height, and for all graded
areas determined by the city engineer to be susceptible to erosion,
within all residential, commercial and industrial development, subdivisions,
condominium projects, planned developments, borrow area, disposal
areas and other grade areas, unless such requirement is waived or
amended by the city engineer. A landscape and irrigation plan shall
be required therefor.
B.
Landscape
and irrigation plans shall be prepared and signed by a landscape architect,
or by a qualified landscape company or other person, when approved
by the city engineer, based upon the scope, magnitude and complexity
of the project, and may be subject to the review of the city's architectural
review board and shall be approved by the community development director
and the city engineer.
C.
The
plan shall conform to good, accepted standard procedures and requirements
with special consideration for soil conditions encountered within
the project area. The plan shall include specifications for the preparation
of the existing soils or for the application of topsoil or amendment
to the slopes to encourage vigorous growth. The landscape architect
shall be responsible for full compliance with the standards and procedures
as detailed in the city's guidelines and specifications for landscape
development as adopted from time to time. Extraordinary effort shall
be made to develop water conservation programs through the planting,
irrigation and maintenance plans and specifications.
(Ord. 398 § 13, 1987)
A.
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 the haul route for review and approval
by the engineering department. Alternate routes or special requirement
in consideration of the possible impact on the adjacent community
environment, or effect on the public right-of-way itself, may be prescribed
by the city engineer as a condition of the grading permit. The haul
route shall be approved prior to issuance of a grading permit. The
haul route or the following note shall be shown on the grading plan:
This plan is not an approved grading plan without an attached haul
route plan approved by the City Engineer.
B.
Deviation
from this designated haul route shall constitute a violation of the
conditions of the permit issued under this chapter. When the city
engineer does specify a route, he shall do so in writing and shall
notify the city police department that the haul route has been specified.
C.
The
city engineer may further specify load limits where, in his 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 moving earth material in violation of this chapter
shall be financially responsible for any damage to the public streets
done by the hauling vehicles, and shall pay to the city the cost,
as determined by the city engineer, of repairing such damage.
D.
At
least twenty-four hours before hauling is to commence, the applicant
shall also be required to notify the city police department and the
city engineer. The police department or city engineer may require
traffic control devices to be provided by the applicant where reasonably
necessary to protect the health, safety and general welfare.
E.
The
permit may specify other conditions, including the posting of cash
bond, which may be shown necessary in order to minimize disruption
of normal traffic activities and public inconvenience, and to prevent
or minimize damage to public or private streets or improvements.
(Ord. 398 § 14, 1987)
A.
When
required by the city engineer, the applicant shall submit hydrology
and hydraulic calculations and drainage area maps to determine the
quantity of runoff generated by or tributary to the city, and its
effects on the site or upon upstream or downstream properties. Erosion
and sediment transfer studies, and other supporting data may be required.
B.
Limits
of inundation on the subject property during condition of specified
storm frequencies may be required to be delineated on the grading
plan, along with the submittal of supporting calculations. Properties
of one acre or greater in size located northerly of the Whitewater
River Channel shall be designed to retain the one-hundred-year, twenty-four-hour,
duration storm on site. Other properties shall retain this duration
storm on site or provide a drainage system to convey the drainage
to an acceptable disposal site as determined by the city engineer.
C.
The
civil engineer responsible for preparation of the plans shall also
certify that the building pads to be created through any proposed
grading, are free from inundation from runoff from specified storms,
and to provide floodplain elevations, and widths, sheet flow depths,
floodway elevation and widths, and any other data required by the
city engineer, or by any applicable county, state or federal flood
protection or insurance program or requirement.
D.
The
civil engineer or applicant may also be required to prepare and submit,
suitable studies and data regarding percolation and permeability characteristics
of the soils and their suitability for the use of septic tanks ground
water hydrology studies, data, and tests regarding the quantity and
quality of ground water which can be produced from properties not
served by water systems, and its adequacy for domestic and agricultural
use and for fire protection.
(Ord. 398 § 15, 1987)
A.
Grading
permit applications for which a valid grading permit has not been
issued, whether or not the grading plans have been approved and signed
by the city engineer, shall expire automatically, one hundred eighty
days after receipt of the application by the city, after which time
the application and plans shall be deemed as expired and invalid.
The plans, application requirements, and necessary fees may be altered
or changed at any time between application submittal and permit issuance
under the following conditions:
1.
A
change of policy or direction by the city council;
2.
A
change in the grading ordinance or fee structure approved by city
council;
3.
A
discovery that the plans, application, or fees violate or do not meet
existing ordinance or policy, or discovery of any design defect, soil
or geologic hazard, or any other fact or item which if left unchanged
could cause damage, harm or hazard to public or private properties,
or to life, limb or the general public safety or welfare.
B.
If
such discoveries are made and changes are so directed, the applicant
shall be granted an extension of the application expiration date for
thirty days, or for such other period as the city engineer may grant
to the applicant, to allow for all required changes to reasonably
be made and accomplished.
C.
The
time limits in this section shall apply to all grading plans and applications
submitted prior to the effective day of the ordinance codified in
this chapter.
(Ord. 398 § 16, 1987)
A.
Every
duly issued grading permit shall be valid for a period of six months
from the date of issuance, and all work covered in the permit shall
be completed within that period, except as specified in this section.
B.
1.
Every
permit issued shall expire by limitation and shall become null and
void if the work authorized by the permit is not commenced and diligently
pursued within ninety days from the date of permit issuance, or if
after work is commenced, the work is terminated, stopped, suspended
or abandoned for a period of ninety days.
2.
Upon
written request from the permittee, submitted prior to the expiration
of the ninety-day period in which work was to commence, the city engineer
may extend the period in which the permittee must start work for no
more than two successive periods of ninety days each, provided the
permittee demonstrates to his satisfaction that circumstances beyond
the permittee's control prevented his commencement of the approved
work. If work is not commenced, or diligently pursued within the extension
periods specified in this section, then the permit shall thereafter
be deemed expired and null and void.
C.
If
the work authorized by the grading permit is not completed within
the six-month permit period, the city engineer, upon written request
from the permittee, submitted prior to the expiration of the six-month
period, may extend the permit for a period or periods reasonably necessary
to complete the work. The total of all such extension shall not exceed
a total of one additional year.
D.
For
the purpose of this section, diligently pursued work shall be grading
of such magnitude, frequency or complexity so as to require the regular
services of the permittee's soil engineer, and/or civil engineer,
or other professional and which is inspected at regular intervals,
by the city.
E.
As
a condition of the extension of any grading permit time period, the
city engineer may require the payment of additional permit fees, inspection
fees, or other additional fees as are required to cover the administration
of the extensions or to meet any fee schedule then in effect.
F.
If the permittee is unable to complete the work within the original permit period, or any extension thereof as provided in subsection C of this section, or has failed to request the extension in subsection C of this section, the city engineer, upon written request and justification submitted within thirty days following the permit's expiration, may renew the grading permit for a period not to exceed six months.
H.
The
city engineer may requires the amendment or change of approved grading
plans, erosion control plans, or landscape-irrigation plans for any
of the following reasons:
1.
Extension
or renewal of the grading permit;
2.
Changes
have been made in the actual work which is not reflected on the approved
plans;
3.
Enlargement
of the scope or quantity of grading;
4.
Construction,
traffic, drainage, soil, geologic, public safety or environmental
problems not considered, known or evident at the time of permit issuance
or plan approval.
(Ord. 398 § 17, 1987)
A.
General
Plan Consistency. If, in the opinion of the community development
director, the land area on which the grading is proposed is not consistent
with the general plan, the grading permit shall be denied.
B.
Hazardous
Grading. The city engineer shall not issue a grading permit in any
case where he finds or when it may reasonably be inferred that the
work as proposed by the applicant will:
1.
Damage
any private or public property; or
2.
Expose
any property to landslide or geologic hazard; or
3.
Adversely
interfere with existing drainage courses or patterns; or
4.
Cause
erosion which could result in the depositing of mud, silt or debris
on any public or private street or way; or
5.
Create
any hazard to person or property. If it can be shown to the satisfaction
of the city engineer that the hazard can be mitigated by the construction
of retaining structures, buttresses, fills, drainage structures or
facilities or by other means, the city engineer may issue the grading
permit on the condition that such construction be performed and the
revision of the grading plans accordingly.
C.
Geological
Hazard. If, in the opinion of the city engineer, the land area for
which grading is proposed is subject to geological hazard to the extent
that no reasonable amount of corrective work can eliminate or sufficiently
reduce the hazard to person or property, the grading permit shall
be denied.
D.
Flood
Hazard. If, in the opinion of the city engineer, the proposed grading
would adversely affect the flow of runoff in any identified floodplain
of floodway, or would alter runoff to the detriment of upstream, downstream
or adjacent properties, the grading permits shall be denied.
E.
Subdivision
or Use Permit. Under either of the following circumstances, a grading
permit shall not be issued unless and until a tentative map or subdivision
or a use permit has been approved or conditionally approved:
1.
If
the purpose of the proposed grading as stated in the application is
to prepare the land for subdivision or for some use for which a use
permit is required; or
2.
Notwithstanding
the purpose of the proposed grading as stated in the application,
if the city engineer and the director of community development find
that the purpose of the proposed grading is to prepare the land for
subdivisions or for some use for which a use permit is required.
F.
Other
Reasons. The city engineer shall deny the issuance of a grading permit
if so directed by the city council, if prohibited therefrom by a duly
enacted moratorium, court order, injunction, or other legal order,
or if the applicant or owner has failed to comply with the provisions
of this code, or if the work proposed is not consistent with the city
of Rancho Mirage general plan, or any element thereof, or any specific
plan, use permit, land use ordinance or regulation, or zoning ordinance
or regulation.
(Ord. 398 § 18, 1987)
The city engineer shall have the authority to temporarily suspend
all work on a grading project and suspend the permit if he determines
that field conditions present an immediate hazard or danger to life
or property, or if the permittee fails to or refuses to correct a
deficiency or hazard, or if the work being done is contrary to the
approved plans or conditions thereof, or if there is lack of supervision
of the grading operation, lack of engineering control, soil engineering
control is not being adequately provided, or for any other condition
which in the city engineer's opinion, presents a threat to the public
safety or welfare immediately, or in the future, and which may cause
unstable earth conditions. This temporary suspension shall continue
in effect until the hazard or condition is removed to the satisfaction
of the city engineer.
(Ord. 398 § 19, 1987)
A.
The city engineer shall have the power to revoke any permit granted under the provisions of this chapter if the city engineer determines that the permit was obtained by fraud, or that one or more of the conditions upon which the permit was granted have been violated, or that the permittee failed or refused to correct a deficiency or a hazard upon the receipt of written notice and within the time specified in such notices; or that the permittee fails or refuses to perform any of the work required, or fails or refuses to conform with any of the conditions or standards established for any subdivision, lot division, use permit or the approval granted by city or fails to eliminate any hazard or condition as referred to in Section 15.64.180.
B.
The
permittee, owner or other party aggrieved or adversely affected by
the revocation of the grading permit may appeal such action to the
city council. Any such appeal shall be in writing and shall be submitted
to the city clerk, and shall cite reasons and contain other information
as necessary to explain why the city engineer's action should be rescinded
or modified. Upon receipt of any such written appeal, the city clerk
shall set the matter for public hearing.
C.
All grading work shall be suspended between the date the permittee is notified of the hearing and the date upon which the city council renders its decision. Any interested person may appear at the hearing and present evidence. At the conclusion of a hearing on an appeal of a permit revocation, the council may deny the appeal, modify existing conditions of, or add new conditions to the permit, or reinstate the permit or impose any penalty provided by law (Chapter 15.26 of this code). The decision of the city council shall be final.
D.
If
a permit is revoked, no further work shall be done upon that site
except the correction of hazards, and the completion of any work required
by the permittee's agreement. Every agreement and every security required
by this chapter shall remain in full force and effect notwithstanding
any such revocation.
(Ord. 398 § 20, 1987)
A.
Before
accepting an application and set of grading and/or landscape-irrigation
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, as indicated elsewhere in the
city ordinance. There shall be no separate charge for standard terrace
drains and similar facilities. The amount of plan checking fee for
grading and landscape-irrigation plans shall be as set forth by city
council resolution.
B.
The
plan checking fee for a grading permit authorizing additional work
to that under a valid permit shall be the difference between the plan
checking fee paid for the original permit and the fee required for
the entire project.
(Ord. 398 § 21, 1987)
Before accepting a geotechnical report for review, the city
engineer shall collect a report review fee. A separate fee will be
charged for each individual report submitted for review. the amount
of the report review fee shall be as set forth by city council resolution.
(Ord. 398 § 22, 1987)
A.
A fee
for each grading permit shall be paid to the city engineer as set
forth by resolution of the city council.
B.
A fee
for a grading permit authorizing additional work to that under a valid
permit shall be the difference between the fee paid for the original
permit and the fee shown for the entire project.
(Ord. 398 § 23, 1987)
Prior to the issuance of a grading permit, there shall be paid
to the city engineer a fee to cover the city's expenses, costs and
overhead for field inspection, office engineering, and administration
of the work performed, including landscape and irrigation work. The
amount of the inspection fee shall be as set forth by city council
resolution.
(Ord. 398 § 24, 1987)
In addition to any penalty prescribed for violation of this code or for violation of the provisions of this chapter, and in addition to the fees required in this chapter, a separate fee, as set forth within Chapter 15.26, shall be assessed for any work for which a permit is required by this chapter, commenced prior to obtaining such permit. Payment of such fee shall not relieve any person from any liability under the provisions of this code or from fully complying with the requirements of this division. The fee prescribed by this section shall not be construed as a penalty but is added to defray the expense of enforcement of the provisions of this chapter.
(Ord. 398 § 25, 1987)
Permits for grading for soil and water conservation projects,
when approved and inspected by a county, state or federal agency,
may be issued without payment of any or all of the fees in this chapter.
(Ord. 398 § 26, 1987)
The applicant for a grading permit shall pay other fees related
to development as required by city code.
(Ord. 398 § 27, 1987)
A.
No
fee collected pursuant to this chapter, shall be refunded in whole
or in part, except as provided in this section:
1.
Plan
checking fees may be refunded, less any city expenses, including overhead
incurred, upon the applicant's request, provided the grading application
or permit has expired, or is withdrawn by the applicant. A handling
charge shall be deducted from any such refund. The maximum fee refund
shall be eighty percent of the total fee paid.
2.
Geotechnical
report review fee may be refunded, less any city expenses, including
overhead incurred, upon the applicant's request, provided the grading
application or permit has expired or is withdrawn by the applicant,
or if the project does not warrant geotechnical reports to be prepared.
A handling charge shall be deducted from any such refund.
3.
Grading
Permit Fees. Prior to the issuance of a grading permit, any permit
fees paid shall be fully refundable, less a handling charge, upon
the applicant's request. There shall be no refund after issuance of
a permit.
4.
a.
Grading inspection fees may be refunded in full, less a handling
charge, at any time prior to the start of the work authorized by the
permit, upon the applicant's request, provided the grading application
has expired or has been withdrawn.
b.
After issuance of a permit and commencement of work, these fees may
be refunded, less any city expense, including overhead incurred, upon
the permittee's request, providing the permit has expired or has been
withdrawn by the permittee.
5.
No
refund shall be made if the applicant or permittee has any outstanding
debts owed to the city, or if corrective work remains to be done on
the grading work itself.
B.
No
refund shall be made pursuant to this section if a request for refund
is submitted to the city more than one year from the date of payment
of the fee as to which a refund is claimed; nor shall any refund be
paid if the total refundable amount, after deduction of city costs
as provided in this chapter is less than twenty-five dollars.
(Ord. 398 § 28, 1987)
A.
1.
No
grading permit shall be issued for grading involving the movement
of more than fifty cubic yards of soil unless the applicant shall
first post a security with the city comprised of a cash deposit or
a combination cash deposit and a corporate surety bond of a surety
authorized to do business in the state of California, instrument of
credit or other security all as satisfactory to the city attorney,
pledging the performance of the work, installation of required structures,
drains, erosion control, landscaping, irrigation, and the like and
agreeing such funds are trust funds for the purposes of satisfying
the cost of correcting any deficiency or any hazard or injury created
by the work or its lack of maintenance. An irrevocable standby letter
of credit issued by a financial institution chartered by the state
of California or federal government may be posted in lieu of the surety
bond, instrument of credit or other security. If the city engineer
determines that the size, complexity, and scope of the work does not
justify the full amount of the security, he may waive all or part
of the amount to the extent that there is no hazard or danger.
2.
The
total security shall be in the form approved by the city attorney.
The total amount of the security shall be equal to thirty percent
of the estimated cost of the grading work authorized by the permit,
plus an additional sum equal to one hundred percent of the estimated
cost of the construction of retaining walls and sprinkler irrigation
systems, landscaping and drainage structures or facilities (including
standard terrace drains, slope planting, erosion control facilities,
and similar facilities) authorized by the permit. The estimated cost
of the work shall be determined by the city engineer after reviewing
the civil engineer's estimates.
3.
The
cash deposit shall be equal to twenty percent of the total security
required for projects where the total security required is seventy-five
thousand or less, plus an additional five percent of the total security
required when the security is over seventy-five thousand dollars.
In no instance shall the cash deposit be less than one thousand dollars
or more than twenty thousand dollars. This cash deposit shall be used
to satisfy the cost of correcting any deficiency, hazard, or injury
created by the work in violation of the terms and conditions of the
grading permit and in violation of the provisions of this code or
any other applicable law or ordinance; or for the maintenance cleanup
or repair of any public or private street or easement, or for the
maintenance, cleanup or repair of any maintenance, upkeep, or installation
of debris basins, erosion control devices, etc. Use of the cash deposit
or a portion thereof shall in no way limit or release the obligation
of the permittee or surety to satisfy the cost of correcting any deficiency,
hazard or injury created by the work or to maintain same in a safe
condition. If the amount of the cash deposit is insufficient to satisfy
the cost in full, the surety shall be liable to satisfy the remainder
of the cost in excess of the cash deposit to the extent that the remainder
does not exceed the full penalty amount of the bond. In addition,
if suit is brought upon the bond by the city and judgment is revoked,
the surety shall pay all cost incurred by the city in such suit, including
a reasonable attorney's fee to be fixed by the court.
B.
Every
bond and instrument of credit shall include and every cash deposit
and letter of credit shall be made on the conditions that the permittee
shall:
1.
Comply
with all the provisions of this code, applicable laws and ordinances;
2.
Comply
with all the terms and conditions of the grading permit to the satisfaction
of the city engineer;
3.
Complete
all of the work contemplated under the grading permit within the time
limit specified in the grading permit, or if no time limit is so specified,
the time limit specified in this chapter. The city engineer may, for
sufficient cause, extend the time specified in the permit, but no
such extension shall release the owner or the surety on the bond or
person issuing the instrument of credit.
C.
Each
bond shall remain in effect until the completion of the work to the
satisfaction of the city engineer.
D.
In
the event of failure to complete the work or failure to comply with
all of the conditions and terms of the grading permit, the city engineer
may order such work as in his opinion is necessary to correct any
deficiencies or eliminate any dangerous condition and leave the site
in a safe condition or may order the work authorized by the permit
to be completed to a safe and stable condition to this satisfaction.
The permittee and the surety executing such bond or person issuing
the instrument of credit, letter of credit or making the cash deposit
shall continue to be firmly bound under a continuing obligation for
the payment of all necessary costs and expenses that may be incurred
or expended by the city in causing any and all such work to be done.
In the case of a cash deposit, any unused portion thereof shall be
refunded to the permittee.
(Ord. 398 § 29, 1987)
The issuance of a grading permit shall constitute an authorization
to do only that work which is described or illustrated on the application
for the permit, or on the plans and specifications approved by the
city engineer and the work shall be done in accordance with any conditions
imposed by the city engineer and in accordance with the requirements
of this chapter.
(Ord. 398 § 30, 1987)
Permits issued pursuant to this chapter shall not relieve the
owner of responsibility for securing required permits for work to
be done which is regulated by any other provision of this code or
by any other person, body or agency.
(Ord. 398 § 31, 1987)
No grading permit shall be issued when borrow or waste material
is to be removed from a grading site unless a use permit has been
issued for the operation of a borrow pit on the grading site, a legally
nonconforming borrow pit is being operated on the grading site, or
the grading comes within one of the exceptions listed in the zoning
ordinance of the city.
(Ord. 398 § 32, 1987)
As a condition of issuance of any grading permit, the owner
of the site to be graded and the contractor, if any, shall grant to
the city a right of entry on the site for the purposes of inspection
and the for purposes of correction of grading not performed in compliance
with the terms and conditions of the permit. The owner and the contractor
shall agree to indemnify the city for any claims or damages which
may result from the city's entry onto the property including any corrective
action taken pursuant to such right of entry. The right of entry and
indemnification agreement shall be on a form approved by the city
attorney.
(Ord. 398 § 33, 1987)
A.
Neither
the issuance of a permit under the provisions of this chapter, nor
the compliance with the provisions of this chapter or with any conditions
imposed by any city official under this chapter, shall relieve any
person from any responsibility for damage to persons or property otherwise
imposed by law, nor impose any liability upon the city for damage
to persons or property.
B.
The
city engineer or any employee charged with the enforcement of this
chapter, acting in good faith and without malice for the city in the
discharge of his duties, shall not thereby render himself liable personally
and he is relieved from all personal liability for any damage that
may accrue to persons or property as a result of any act required
or by reason of any act or omission in the discharge of his duties.
Any suit brought against the city engineer or employee, because of
such act or omission performed by him in the enforcement of any provisions
of this chapter, shall be defended by the city until final termination
of the proceedings.
(Ord. 398 § 34, 1987)
Notwithstanding the minimum standards set forth in this chapter,
the permittee is responsible for the prevention of damage to adjacent
property and no person shall excavate on land so close to the property
line as to endanger any adjoining public street, sidewalk, alley or
any other public or private property without supporting and protecting
such property from settling, cracking or other damage which might
result.
(Ord. 398 § 35, 1987)
The owner of any property on which a fill or excavation has
been made pursuant to a permit granted under the provisions of this
chapter, or any other person or agent in control of such property
shall maintain in good condition and repair all retaining walls, cribbing,
drainage structures or means and other protective devices and planting
shown in the approved plans and specifications or in the as-built
plans or required by the permit. Facilities dedicated for use by the
public and accepted for such use by a public agency are excepted.
(Ord. 398 § 36, 1987)
During grading operations the permittee shall be responsible
for the prevention of damage to any public utilities or services.
This responsibility applies within the limits of grading and along
any routes of travel of equipment. At least forty-eight hours prior
to excavating, permittee shall request utility locations by contacting
Underground Service Alert at 1-800-422-4133.
(Ord. 398 § 37, 1987)
It shall be the responsibility of the permittee to be knowledgeable
of the conditions and/or restrictions placed on the grading permit
and as outlined in applicable sections of this code, and as contained
on the approved grading plans as in the approved geotechnical report(s).
The permittee shall also be responsible to maintain in an obvious
and accessible location on the site, a copy of the permit and grading
plans bearing the approval of the city engineer.
(Ord. 398 § 38, 1987)
A.
Prior
to the issuance of any grading permit, the city engineer shall refer
the application for such permit to the community development department
for review and determination whether the proposed grading could have
a significant effect upon the environment. The environmental review
shall be conducted in accordance with the California Environmental
Quality Act guidelines and state statutes. However, such application
need not be referred to the community development department if the
following condition is met: The city council, a commission or city
officer having final authority for project approval has adopted an
environmental impact report which considered the proposed grading
or has determined that the project, which included the proposed grading,
would not have a significant effect upon the environment.
B.
Anything
contained in this section to the contrary notwithstanding, if in the
opinion of the city engineer and the community development director,
there are unusual conditions with respect to the property for which
an application is filed which renders an environmental review desirable
or necessary, the city engineer shall refer the application to the
community development department for the aforementioned determination.
Such unusual conditions include but are not limited to land located
in resource conservation areas as follows:
(Ord. 398 § 39, 1987)
The city community development shall review each application
referred to it to determine whether the grading, if carried out as
proposed, could have a significant effect upon the environment.
(Ord. 398 § 40, 1987)
If the community development department determines that the
proposed grading would not have a significant effect upon the environment,
it shall so inform the applicant and the city engineer. Upon receipt
of notification of such determination, the city engineer may issue
the grading permit without requiring an environmental impact report.
(Ord. 398 § 41, 1987)
If the community development department determines that the
proposed grading could have a significant effect upon the environment,
the grading permit shall not be issued unless and until the adoption
of an environmental impact report, or other environmental clearance,
prepared pursuant to the Environmental Quality Act and city rules
and procedures adopted pursuant thereto.
(Ord. 398 § 42, 1987)
A.
It
shall be the responsibility of the civil engineer who prepared the
grading plans to incorporate the applicable recommendations from 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 improvement 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 and upon completion of the work, the submission of as-built
grading plans incorporating all changes and/or additions made during
construction. The civil engineer shall certify that the completed
grading is in substantial conformance with the approved plan.
B.
Likewise,
the designing landscape architect shall incorporate applicable recommendations
from the agronomic soils reports along with appropriate measures related
to soils engineering and engineering geology reports into the landscape-irrigation
plans. The landscape architect shall also prepare plan revisions for
the submission of as-built drawings incorporating all changes and/or
additions made during construction. For detailed guidelines for plan
preparation the landscape architect shall thoroughly familiarize himself
with the city guidelines and specifications for landscape development.
C.
Soil
engineering and engineering geology reports shall be required as specified
in this code. During grading, all necessary reports, compaction data,
soil engineering and engineering geology recommendations and reports
shall be submitted to the city engineer. 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 finish slopes,
design of buttress fills where required, and incorporating data supplied
by the engineering geologist.
D.
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 need for
subdrains or other groundwater drainage devices. He shall report his
findings to the soil engineer for engineering analysis.
E.
The
city engineer or his representative shall inspect the project at intervals
necessary to determine that adequate inspection and testing is being
exercised by the professional consultants.
F.
When
preliminary soil engineering reports are not required by the city
engineer, they may require inspection and approval by a soil engineer.
The soil engineer's responsibility shall include, but not be limited
to, approval of cleared areas and benches to receive fill, and the
compaction and testing of fills and their inspection and approval.
(Ord. 398 § 43, 1987)
A.
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 shall be stopped until:
1.
The
owner submits a letter of notification verifying the change of the
responsible professional; and
2.
The
new responsible professional submits in writing that he has reviewed
all prior reports and/or plans (specified by date and title) and work
performed by the prior responsible professional, and that he concurs
with the findings, conclusions and recommendations, and is satisfied
with the work performed. He must state that he assumes all responsibility
within this purview as of a specified date. All exceptions must be
justified to the satisfaction of the city engineer.
B.
Where
clearly indicated that the firm, not the individual engineer and/or
geologist, is the contracting party, the designated engineer or geologist
may be reassigned and another engineer and/or geologist within the
firm may assume responsibility.
(Ord. 398 § 44, 1987)
Grading and equipment operations within one-half mile of a structure
for human occupancy shall not be conducted between the hours of five
p.m. and eight a.m. on weekdays, nor on weekends, state or federal
holidays, without approval of the city engineer. The city engineer
may, however, permit grading or equipment operations during specific
hours after five p.m. or before eight a.m. on weekdays or on weekends
and holidays if he determines that such operations are not detrimental
to the health, safety or welfare of the inhabitants of such a structure.
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. Work approved to be performed
other than on weekdays or between eight a.m. and five p.m. weekdays
shall require an amendment to the grading permit and payment of additional
fees to cover necessary inspection of same.
(Ord. 398 § 45, 1987)
A.
Cut
slopes shall be no steeper than two horizontal to one vertical (2:1).
In special circumstances as determined solely by the city engineer,
slopes steeper than 2:1 may be approved.
B.
Slope
stability analysis shall accompany soil engineering reports for all
slopes steeper than 2:1 and for all slopes exceeding forty 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.
C.
Where
public streets are to be underlain by bedrock which is excavatable
by grading equipment but cannot be excavated with conventional trenching
equipment, the city engineer may require a zone in the street to be
undercut and replaced as compacted fill to facilitate placement of
utilities without resorting to blasting. No rock blasting shall be
permitted unless approved by the city council.
D.
Any
grading plan which proposes cut slopes steeper than 5:1 and having
a vertical height of six feet or greater shall be subject to the review
and approval of the planning commission prior to permit issuance.
(Ord. 398 § 46, 1987; Ord. 645 § 2 Exh. B (part); Ord. 652 § 2 Exh. B, 1996)
A.
Fills—Maximum
Slope, Construction.
1.
Fill
slopes shall be no steeper than two horizontal to one vertical (2:1),
exclusive of benches or terraces.
2.
All
fill slopes shall be overfilled to a distance from finished slope
face that will allow compaction equipment to operate freely within
the zone of the finished slope, and then cut back to the finish grade
to expose the compacted core. Alternate methods may be employed 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 within a distance of an equipment width from the slope
face.
3.
At
least twenty percent of the field density test taken within the slope,
during grading, shall be located within the outer three feet of the
final slope surface, and at least one density foot shall be taken
within the outer eleven inches of the finished slope face for every
five thousand square feet of slope area.
4.
Fill
slopes shall not be constructed on natural slopes steeper than two
horizontal to one vertical (2:1), or where the fill slope toes out
within twelve feet horizontally of the top of existing cut slopes
adjacent to the permit area boundary unless evidence is submitted
by the soil engineer and/ or engineering geologist which indicates
adequate stability and the proposed slope is approved by the city
engineer.
5.
Any
grading plan which proposes fill slopes steeper than 5:1 and having
a vertical height of six feet or greater shall be subject to the review
and approval of the planning commission prior to permit issuance.
B.
Preparation
of Ground.
1.
The
ground surface shall be prepared to receive fill by removing vegetation;
noncomplying fill; topsoil and other unsuitable materials; and by
scarifying to a minimum depth of twelve inches 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 (i.e., 5:1), the
ground shall be prepared by benching into sound bedrock or other competent
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 ten feet in width. The ground surface below the toe
of fill shall be prepared for sheet flow runoff, or a paved drain
shall be provided.
2.
Where
fill is to be placed over a cut slope, the bench under the toe of
the fill shall be at least fifteen feet wide and shall meet the approval
of the soil engineer and/or engineering geologist as a suitable foundation
for fill.
C.
Fill
Material.
1.
Detrimental
amounts of organic material shall not be permitted in fills. No rocks
greater than six inches dimension shall be placed within five feet
of the finished grade. Except as outlined below, no rock or similar
irreducible material with a maximum dimension greater than twelve
inches shall be buried or placed in fills.
2.
The
city engineer may permit placement of rock when the soils engineer
properly devises a method of placement, continuously inspects placement,
and approves the soil stability and competency. The following conditions
shall also apply:
a.
Prior to issuance of the grading permit, potential rock disposal
area(s) shall be delineated on the grading plan.
b.
i.
Rock sizes greater than twelve inches in maximum dimension shall
be ten feet or more below grade, measured vertically, and/or ten feet
measured horizontally from slope faces whichever greater.
ii.
When the design of the development or covenants and restrictions
provide assurance that no structure or utilities will be placed on
a precisely definable area, these dimensions may be reduced with the
approval of the city engineer.
c.
All rock shall be placed so as to be completely surrounded by soils;
no nesting of rocks will be permitted.
D.
Compaction.
1.
All fills shall be compacted to a minimum of ninety percent of maximum density as determined by ASTM D1557-78 (five layer test). Field density tests shall be performed in accordance with ASTM D1556-78, or equivalent as approved by the city engineer. At least twenty-five percent of the total test shall be by ASTM D1556-78 to verify the accuracy of the equivalent method. All such tests shall be reasonably uniformly distributed within the fill or fill slope surface (See subsection A of this section) so that representative results are obtained.
2.
Locations
of field density tests shall be determined by the engineer or approved
testing agency and as directed by the city engineer, 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.
3.
Sufficient
maximum density determinations by test method ASTM 1557-78 shall be
performed during the grading operations to verify that the maximum
density curves used are representative of the material placed through
the fill.
E.
Buttress/Stabilization
Fills. Recommendations for buttress fills or stabilization fills by
the soil engineer shall be accompanied by a report setting forth the
soil or geologic factors necessitating the buttress/stabilization
fill, stability calculations, the approved grading plan showing the
location of the buttress/stabilization fill, a scaled section of the
buttress/stabilization fill, a scaled section of the buttress/stabilization
fill, and recommendations with details of subdrain requirements.
F.
Utility
Line Backfill.
1.
Backfills for utility line trenches, such as stormdrain, water, sewer, gas, cable television and electrical services shall be compacted and tested in accordance with subsection D of this section. Alternate materials and methods may be used for utility line backfills, provided, that the material specification and method of placement are recommended by the soil engineer and approved by the city engineer prior to backfilling. The final utility line 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.
(Ord. 398 § 47, 1987; Ord. 645 § 2 Exh. B, 1996; Ord. 652 § 2 Exh. B, 1996;)
Unless waived by the city engineer, a compacted earthen berm
shall be constructed at the top of all slopes steeper than 5:1. The
berm shall conform to the slope and shall be a minimum of one foot
high and four feet wide.
(Ord. 398 § 48, 1987)
The setbacks and other restrictions specified by this section
are minimum and may be increased by the city engineer or by the recommendation
of a civil engineer, soils engineer, or engineering geologist, if
necessary for safety and stability, or to prevent damage of 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 minimums in this chapter, the zoning setbacks
shall govern.
(Ord. 398 § 49, 1987)
The tops and toes of slopes shall be set back from the outer boundaries of the permit area, including slope rights, areas and easements, in accordance with Figure A and Table A in Section 15.64.500. Lot lines shall be located at the top of slopes, including berms, wherever practicable.
(Ord. 398 § 50, 1987)
A.
Setbacks
between graded slopes (cut or fill) and structures shall be provided
in accordance with Figure A and Table A and Figure B and Table B as
applicable.
B.
At
least one side yard of at least five feet from any building wall or
projection or attachment thereto shall be provided to the toe or top
of a slope, unless waived by the city engineer. No provision in this
section shall be construed to allow less than the required setback
for berms and drainage unless an improved drainage device is used
to reduce these requirements.
 |
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NOTES:
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1.
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PA means permit area boundary and/or property lines; MFD means
manufactured surface.
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2.
|
Setbacks shall also comply with applicable zoning and development
code regulations.
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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.
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*4.
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b may be reduced to five feet minimum if an approved drainage
device is installed within b roof gutters and downspouts may be required.
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5.
|
b may be reduced to less than five feet if no drainage is carried
on this side and if roof gutters are included which do not drain into
the b area; d may not be reduced.
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6.
|
If the slope between a and b levels is replaced by a retaining
wall, a may be reduced to zero and b remains as shown in Table A.
The height of the retaining wall shall be controlled by zoning and
development code regulations.
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7.
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b is measured from the face of the structure or any attachment
thereto to the top of the slope.
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8.
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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 approved soil report and approved
by the building official.
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|
9.
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The use of retaining walls to reduce setbacks as shown in Figure
B and Table B must be approved by the city engineer and requires separate
permits.
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10.
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f may be reduced to zero feet if the building official approves
a combination structure wall-retaining wall and the city engineer
approves the slope configuration and drainage pattern.
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(Ord. 398 § 51, 1987)
Unless otherwise indicated in the approved grading plan, drainage
facilities and terracing shall conform to the provisions of this section,
and to the currently adopted design standards and the master drainage
plan, except where otherwise specified.
(Ord. 398 § 52, 1987)
A.
Terraces
at least eight feet in width shall be established at not more than
thirty foot vertical intervals on all cut or fill slopes to control
surface drainage and debris; except that where only one terrace is
required, it shall be at midheight. Terrace widths and spacing of
cut and fill slopes greater than ninety feet in height shall be designed
by the civil engineer upon recommendation of the soil engineer and
approved by the city engineer. Suitable access shall be provided to
permit proper cleaning and maintenance.
B.
Terrace
drains shall be constructed on all terraces, using concrete with suitable
reinforcement, with a minimum grading of five percent unless waived
by the city engineer due to special circumstances. Construction of
the drains shall be such that concrete is a minimum of one half inch
below (and a maximum of four inches below) the surface elevation of
the adjacent grade. The terrace drain shall have a minimum depth at
the deepest point of one foot and a minimum width of three feet (measured
across the top) and shall be designed to accommodate the runoff created.
C.
Unless
otherwise approved by the city engineer, a single run of terrace drain
shall not collect more than thirteen thousand five hundred square
feet of drainage area without discharging into a downdrain or other
approved collection device. Approval of alternatively designed terrace
drains shall be based on runoff generated by rainfall intensities
characteristic of the peak portion of a rainfall hydrograph for a
period of time concentration at the discharge point of the terrace
drain. Splash walls, velocity reducers, flow spreaders and other structures
shall be provided in accordance with good engineering practice.
D.
Construction
of the terrace drains shall be as described for gutters and down drains
in this chapter, and shall be located on the terraces with one side
of the ditch two feet from the toe of slope.
(Ord. 398 § 53, 1987)
Concrete interceptor drains shall be installed along the top
or toes of all cut or fill slopes where the tributary drainage area
directs runoff over the slope or toward or along the toe of slope;
unless waived by the city engineer. The slope of the drain shall be
approved by the city engineer.
(Ord. 398 § 54, 1987)
A.
Cut
and fill slopes shall be provided with subsurface drainage as necessary
for stability, and as recommended by the soils engineer and/or the
engineering geologist.
B.
All
canyons and buttress fills shall be provided with subdrains unless
approved otherwise by the city engineer, based upon the information
provided by the engineering geologist and/or the soil engineer indicating
that they are not necessary and recommending against them.
(Ord. 398 § 55, 1987)
Stormwater runoff from lots or adjacent properties shall not
be carried over cut or fill slopes steeper than 5:1. Such runoff shall
be provided for as follows:
B.
If subsection A of this section is determined by the city engineer not to be feasible, each lot shall be graded so that stormwater will drain away from the structure at a grade of two percent and from the backyard through the side yard and front yard with a grade of one-half percent minimum directly to an abutting street or approved drainage facility, without flowing across other lots or cut and fill slopes. Where the velocity of the flow is found to be erosive, an improved drainage device shall be required.
C.
When the provisions of subsection A and B of this section are not feasible as determined by the city engineer, stormwater shall be collected along the top of banks or at the rear of the graded lots by means of improved gutters or interceptor drain and carried to properly sized improved outfalls or area drains or devices which shall not be allowed to drain across the surface of sidewalks or parkways.
D.
Connecting
downdrains between the interceptor drains and/or terrace ditches shall
be constructed of poured Portland cement concrete or airblown mortar,
both reinforced with wire mesh, and of sufficient depth (a minimum
of eighteen inches deep) to allow for an unimpeded flow when terraces
are crossed. If pipe downdrains of concrete are used, anchor lugs
or collars may be required. Pipe specifications shall be approved
by the city engineer. Special design features shall be provided as
required for abrupt changes of direction.
E.
The
discharge from any downdrain, ditch, or pipe shall be controlled so
as to prevent erosion of the adjacent ground. Velocities shall be
reduced by means of adequately sized aprons of rock, grouted rip rap,
or box type energy dissipators. Rip rap sizing shall be designed based
upon flow velocities and rip rap shall be placed in a manner so as
not to create other erosion problems.
F.
Runoff
volumes shall be computed using reasonable estimates of infiltration
and evaporation of rainfall. Infiltration shall be assessed based
in infiltration capacity of soil types expected to be encountered
during project development a well as the percentage covered by impervious
or nearly impervious surfaces. Conditions assumed for determining
infiltration rates shall be consistent with absorption capacity of
the soil being satisfied by prior irrigation or storm activity. Actual
time of concentration shall be used to determine rain fall rates used
in design.
G.
Surface
drainage shall not be carried across a lot or parcel within three
feet of a structure, without the use of an improved drainage device.
(Ord. 398 § 56, 1987)
For all drainageways where the continuous functioning of the
drainageway is essential to the protection and use of multiple properties,
a covenant and/or deed restriction shall be recorded by the applicant,
placing the responsibility for the maintenance of the drainageways
on the owner of record of each respective lot affected. Permanent
off-site drainage easements, as required by the city engineer, shall
be acquired by the permittee. Such easements shall be subject to approval
of the city engineer and city attorney and recorded prior to issuance
of the grading permit.
(Ord. 398 § 57, 1988)
No grading work shall be allowed between October 15th and the
following April 15th on any site when the city engineer determines
that erosion, mudflow or sediment of silt discharge may adversely
affect downstream properties, drainage courses, storm drains, streets,
easements, or public or private facilities or improvements unless
an approved erosion control system has been implemented on the site.
(Ord. 398 § 58, 1988)
When it is determined by the city engineer that an erosion control
system shall be required on a site, plans for an erosion control system
shall be prepared and submitted for the review and approval of the
city engineer by September 15th of each year for projects under a
valid permit.
(Ord. 398 § 59, 1988)
An erosion control plan shall include, but not be limited to,
the following information:
A.
Name,
address and a twenty-four hour phone number of the owner or responsible
party, and the person or contractor responsible for installing and
maintaining the erosion control system and performing emergency erosion
control work;
B.
The
name, address and signature of the civil engineer or person who prepared
the plan;
C.
All
desilting basins, debris basins, silt traps and other desilting, velocity
retarding, and protection facilities necessary to adequately protect
the site and downstream properties from erosion and its effects;
D.
The
streets, easements, drains and other improvements which will be existing
as of October 15th;
E.
The
location and placement of sandbags, diverters, check dams, slope planting,
drains and other erosion controlling devices and measures;
F.
Access
routes to all such erosion control facilities and how access shall
be maintained during inclement weather.
(Ord. 398 § 60, 1988)
A.
The
faces of cut and fill slopes and the project site shall be prepared
and maintained to control against erosion. Where cut slopes are not
subject to erosion due to the erosion-resistant character of the materials,
such protection may be omitted upon approval by the city engineer.
B.
Where
necessary, temporary and/or permanent erosion control devices such
as desilting basin, check dams, cribbing, rip rap, or other devices
or methods as approved by the city engineer, shall be employed to
control erosion and provide safety during the rainy season from October
15th to April 15th.
C.
Desilting
basins constructed of compacted earth shall be compacted to a relative
compaction of ninety percent of maximum density. A soil engineering
report prepared by the soil engineer including the type of field testing
performed, location and results of testing shall be submitted to the
city engineer for approval upon completion of the desilting basins.
D.
Desilting
facilities shall be provided at drainage outlets from the graded site,
and shall be designed to provide a desilting capacity capable of containing
the anticipated run-off for a period of time adequate to allow reasonable
settlement of suspended particles.
E.
Desilting
basins shall be constructed around the perimeter to projects, whenever
feasible, when it provides improved maintenance access from paved
roads during wet weather.
F.
The
erosion control provisions shall take into account drainage patterns
during the current and future phases of grading throughout the rainy
season.
G.
Erosion
protection shall consist of effective planting of all slopes in excess
of five feet in height unless otherwise approved by the city engineer.
H.
1.
Erosion
protection shall consist of effective planting of all slopes in excess
of five feet in height unless otherwise approved by the city engineer.
2.
Planting
of the slopes shall be done as soon as practicable, which may be prior
to rough grade approval. Effective plantings shall be installed, fully
germinated and effectively cover the required slopes.
3.
The
permittee or owner shall be responsible for control or erosion on
all areas of the project until acceptance of the completed project.
This responsibility extends to completed and occupied lots.
I.
Equipment
and workers for emergency work shall be made available at all times
during the rainy season. Necessary material shall be available on-site
and stockpiles at convenient locations to facilitate rapid construction
of temporary devices when rain is imminent.
J.
1.
All
removable protective devices shown shall be in place at the end of
each working day when the five-day rain probability forecast exceeds
forty percent.
2.
If
the owner does not provide the required installation or maintenance
of erosion control structures, the city engineer may issue contracts
for such work and charge the cost of this work to the cash deposits
or other instruments implemented for this work. No additional work
on the project except erosion control work may be performed until
the fill amount drawn from the deposit is restored by the developer.
(Ord. 398 § 61, 1988)
This code forbids the placing, storing, dumping or depositing
of dirt, rocks or any building material on the public streets or any
portion of the public right-of-way. All vehicles engaged in hauling
materials under the permit provision of this chapter shall refrain
from depositing the material on the 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.
(Ord. 398 § 62, 1988)
The permittee conducting any earth-moving operation under this
chapter which required vehicles to haul earth materials on any public
street shall be responsible for the complete removal of such materials
from the street; of earth, mud or other material, if spilled, dumped,
or deposited on a public street. If the permittee fails to remove
completely such spillage, and it is necessary for the city to cause
such removal to be made, the permittee and/or the property owner shall
be liable to pay the city the full cost of such removal work. A cash
deposit may be required prior to grading permit issuance to insure
the clean-up of public streets.
(Ord. 398 § 63, 1988)
The contractor/permittee conducting any earth-moving operation
under this chapter shall be responsible for controlling dust and blowing
sand at all times in a manner acceptable to the city engineer.
(Ord. 398 § 64, 1988)
Each adjacent owner is entitled to the lateral and subjacent
support which his 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 purpose of construction or improvement,
under the following conditions:
A.
Any
owner of land or his lessee intending to permit or to make an excavation
greater than ten feet in depth within ten feet of his property lines
shall give reasonable notice to the owner or owners of land abutting
the property lines affected by such excavation, stating the depth
for which such excavation is intended to be made and when the excavation
will begin.
B.
In
making any excavation reasonable care and skill shall be used and
reasonable precautions taken that the soil of adjoining property will
not cave in or settle to the detriment of any building or other structure
which may be thereon.
C.
No
grading shall be approved which physically prevents access to any
parcel.
(Ord. 398 § 65, 1988)
A.
Expansive
soil is any soil with an expansion index greater than twenty, as determined
by the Expansive Index Test Standard Number 29.2, Chapter 70, of the
Uniform Building Code.
B.
Test
for expansive soils shall be performed on soils within four feet of
the finish grade of any area intended or designed as a location for
a building. Whenever expansive soils are encountered in this zone
then:
1.
The
permittee shall cause such expansive soil to be removed to a minimum
depth of four feet below finish grade and replaced with properly compacted,
nonexpansive soil; or
2.
The
soil engineer may waive or reduce the requirement for removal and
replacement of the expansive soils reported on the project. The soils
engineer shall make recommendations for the design of footings, foundation,
slabs and other load-bearing features, or for other special procedures
which will alleviate any problem created by the remaining expansive
soils; or
3.
In
general, at the discretion of the soil engineer, expansive soils from
cut areas shall be placed in the lower extremities of embankments,
and nonexpansive material shall be reserved, stockpiled, or otherwise
handled so that they may be placed as a cap over expansive soils.
Whenever expansive soils are placed closer than four feet of finish
grade, the soils engineer shall so indicate, and shall make corrective
recommendations as set forth in subdivision 2 of this subsection;
or
4.
Expansive
soils which cannot be disposed of on-site as described in this section
shall be disposed of off-site by either:
a.
Their disposal outside the city limits of the city; or
b.
Their disposal at another location within the city provided the location
is covered by a valid grading permit and grading plan, and the expansive
soils can be disposed of at the location as provided for in subdivision
3 of this subsection.
(Ord. 398 § 66, 1988)
Asphalt concrete pavement is defined as a secondary drainage
device when used for roadway and parking lot surfacing and other similar
uses. Accordingly, plan check and permit fees, as outlined in this
code, are applicable.
A.
Requirements.
For the purposes of this section, asphalt concrete (A.C.), crushed
aggregate base (A.B.), prime coat, tack coat, seal coat shall meet
the current standards of the city for road construction and/or the
approval of the city engineer.
B.
Subgrade Compaction. Compaction of subgrade earth materials, defined as the top twelve inches of fill designed to support the pavement section, shall be compacted to ninety-five percent maximum density and shall comply with the requirements of Section 15.64.450.
C.
Soil
Sterilization. Unless otherwise approved by the city engineer, subgrade
earth material shall be sterilized to preclude plan growth.
D.
Pavement
Structural Section. The minimum pavement section shall be three inches
of A.C. over four inches A.B. of a type and gradation required by
the city engineer. An equivalent pavement section consisting of all
A.C. or Portland cement concrete may be substituted subject to approval
of the city engineer. In addition, the project soil engineer, or design
civil engineer, shall determine if an increased pavement section is
required for parking lots/service roads, private streets, and dedicated
streets for all developments based on (1) soil test of the subgrade
soil(s) performed in accordance with the latest revision of Test Method
No. Calif. 302, and (2) anticipated traffic and/or loading conditions.
Design shall be in accordance with the CalTrans Highway Design Manual
or by alternate methods acceptable to the city engineer.
(Ord. 398 § 67, 1988)
A.
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.
B.
After
permit issuance, but prior to any grading, brushing, or clearing,
there shall be a pregrading meeting held on the site. Prior to pouring
curb and gutter or placement of pavement base material, there shall
be a prepaving meeting held on the site. The permittee, or his agent,
shall notify the city engineer at least two working days prior to
the meetings and shall be responsible for notifying all principals
responsible for grading or paving related operations.
(Ord. 398 § 68, 1988)
The following inspections shall be required of the items of
work listed, at the stage or time indicated. The permittee shall notify
the city engineer at least one working day ahead of the time the work
will be ready:
A.
Excavation
and Fill Inspection.
1.
Canyon
Cleanout. After all brush and unsuitable material has been removed
and an acceptable base has been exposed, but before any fill is placed;
2.
Toe
Bench and Key. After the natural ground or bedrock is exposed and
prepared to receive fill, but before fill is placed;
3.
Over-excavation.
After the area has been excavated but before fill is placed;
4.
Excavation.
After the excavation is started, but before the vertical depth of
the excavation exceeds ten feet, and every ten-foot interval thereafter;
5.
Fill.
After the fill has started, but before the vertical height of the
fill exceeds ten feet and every ten-foot interval thereafter.
B.
C.
Drainage
Device Other than Concrete or Gunite Inspection.
2.
Storm
Drains and Inlets.
a.
After placement of storm drains but prior to covering with backfill.
The civil engineer shall provide written approval indicating substantial
conformance to line and grade,
b.
After placement of inlet forms but prior to pouring concrete. The
civil engineer shall provide written approval indicating substantial
conformance to a line and grade;
D.
Rough
Grade Inspection. When all rough grading has been completed. This
inspection may be called for at the completion of rough grading after
the city engineer has reviewed and approved the required reports,
and the civil engineer has submitted written approval indicating substantial
conformance to line and grade. Under normal circumstances, all subdrains
and slope drains shall be in place and approved as a condition for
rough grading approval.
E.
Paving
Inspection.
1.
Subgrade.
After subgrade has been established, tested and approved by the soil
engineer, or his qualified representative. The soil engineer may leave
a field memo or compaction test results on site. The civil engineer
shall provide written approval indicating substantial conformance
to line and grade.
2.
Base.
After the aggregate base course has been placed, tested and approved
by the soil engineer, or his qualified representative, but prior to
prime coat and asphalt placement. The soil engineer may leave a field
memo on site to provide compaction test results. Material invoices
may be required.
3.
Asphalt
Concrete.
a.
During asphalt lay-down, to verify compliance with plans and specifications.
Continuous inspection by an approved testing agency, its qualified
representative, the city inspector or a special inspector may be required
when authorized by the city engineer. Material invoices may be required.
b.
Prior to application of seal coat, the paved surface shall be water-tested
to reveal any irregularities and shall be patched where required.
Material invoices may be required after placement of seal coat.
F.
Irrigation
Inspection.
1.
Installation
of irrigation improvements shall only be accomplished after approval
of appropriate plans and specifications.
2.
Main
Line. At the completion of main line installation and prior to backfilling,
a hydrostatic pressure test shall be performed in the presence of
the city landscape inspector, as detailed in the guidelines and specifications
for landscape development.
3.
Lateral
Lines and Control Valves. During installation of lateral lines, inspection
shall be made to assure continuous support of all pipe, properly assembled
fittings and valve installation, as well as proper backfill procedures.
4.
Coverage
Test. When the irrigation system is completed, a coverage test shall
be performed in the presence of the city landscape inspector.
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For more detailed requirements and scheduling of inspections,
consult the city guidelines and specifications for landscape development.
|
G.
Planting
Inspection.
1.
General
Soil Preparation. After finish grade has been established and appropriate
drainage is accomplished, incorporation of approved amendments shall
be inspected. Material invoices may be required.
2.
Plant
Pit Preparation. During the preparation of all plant pits, inspection
shall confirm proper procedures are followed to maximize the promotion
of healthy root development. Material invoices may be required.
3.
Weed
Abatement Program. Compliance with program as detailed in the guidelines
and specifications for landscape development shall be inspected.
4.
Staking
and/or Guying Procedures. Upon completion of planting, all nursery
stakes directed to be removed, proper staking and/or guying practices
shall be accomplished. Inspection of procedures will confirm compliance.
H.
Final
Inspection. When all work, including installation of all drainage
structures, irrigation, slope planting and other protective devices,
has been completed and all written professional approvals, certifications
and the required reports have been submitted.
I.
Establishment
and Maintenance Inspection. Inspections shall confirm compliance with
all specified procedures for continuous care of landscape improvements.
Material invoices may be required.
J.
Erosion
Control Facilities (Rainy Season—October 15th to April 15th).
1.
After
excavation of desilting basins but prior to fill placement, prefabricated
devices are to be available on-site for inspection;
2.
After
fill placement for desilting basins but prior to placement of concrete
or other nonerosive materials;
3.
After
completion of an erosion control system in accordance with an approved
erosion control plan and the requirements of the city engineer.
(Ord. 398 § 69, 1988)
If in the course of fulfilling their responsibility under this
code, the civil engineer, the soil engineer, the engineering geologist,
or the testing agency finds that the work is not being performed in
accordance with approved plans, specifications, or this code, the
discrepancies shall be reported immediately in writing to the grading
contractor, the owner, and the city engineer. Recommendations for
corrective measures shall be submitted for approval by the city engineer.
(Ord. 398 § 70, 1988)
The city engineer may establish special inspection requirements
in accordance with Section 306 of the Uniform Building Code, amended,
for special cases involving grain 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.
(Ord. 398 § 71, 1988)
A.
The
provisions of Section 202(d) Stop Orders of the Uniform Building Code,
shall apply to all grading work. Whenever the city engineer determines
that any work does not comply with the terms of a permit, or this
code, or that the soil or other conditions are not as stated on the
permit, or that work is being done improperly, or in a hazardous manner,
he may order the work stopped by notice in writing served on any person
engaged in doing or causing of such work to be done, and any such
persons shall forthwith stop such work until authorized by the city
engineer to proceeds with the work.
B.
Whenever
any work on which inspections are required is covered or concealed
by additional work without first having been inspected, the city engineer
may require, by written notice, that such work be exposed for examination.
The work of exposing and recovering shall not entail or be subject
to expense by the city.
C.
If
the inspector finds the soil or other conditions not as stated in
the approved plans and geotechnical reports or in additional information
which was required for issuance of the grading permit, the may issue
a stop work order until approval is obtained for a revised grading
plan which will conform to the conditions.
D.
Work
may resume and the stop order shall be rescinded upon the city engineer's
determination that conditions have changed, corrections been made,
or the causes or actions which require a stop order have been acceptably
remedied or alleviated to his satisfaction.
(Ord. 398 § 72, 1988)
A.
Final
Reports. Upon completion of the rough grading work and at the final
completion of the work under the grading permit, but prior to the
release of grading securities or issuance of a certificate of use
and occupancy, the city engineer shall require:
1.
An
as-graded grading plan prepared, signed and dated by the responsible
civil engineer which shall include original and as-graded ground surface
elevations, pad elevations, slope ratios, and elevations and locations
of all surface and subsurface drainage facilities, location and scaled
sections of all buttress/stabilization fills, subdrains, and general
location and depth of all areas of removal of unsuitable soil.
2.
A
written statement by the civil engineer certifying the grading as
being in substantial conformance with the approved grading plan and
which specifically states the following items were performed under
his supervision, and are shown correctly on the as-built drawings:
a.
Quantities of cut, fill, export and import;
b.
Staking of line and grade for all pads, engineered drainage devices
and retaining walls (rough and final grading);
c.
Staking of property corners for proper building and slope location
(rough grading);
d.
Location of permanent walls or structures on property corners or
property lines;
e.
Location and slope ratio of all manufactured slopes;
f.
Construction of earthen berms and positive building pad drainage.
3.
A
final soil engineering report prepared by the soil engineer, including
type of field testing performed, suitability 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 test, and the test method
of obtaining the in-place density described; either ASTM D1556 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 affected by soil engineering factors and a statement of compliance
to finish grade. Such report may consist of a series of reports at
various stages of construction.
4.
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 same on recommendations
incorporated in the approved grading plan. He shall provide written
approval as to the adequacy of the site for the intended use as affected
by geologic factors, a statement of compliance to finish grade, and
when required by the city engineer, shall submit an as-built geologic
map.
B.
Notification
of Completion. The permit holder or his agent shall notify the city
engineer when the grading operation is ready for final inspection.
Final inspection and approval release for use and occupancy shall
not be given until all work, including installation of all drainage
facilities and their protective devices, and all erosion control measures,
have been completed in accordance with the final approved grading
plan and the required reports and statements of compliance have been
submitted.
(Ord. 398 § 73, 1988)
Nothing in this grading chapter shall preclude the inclusion
in any use permit, subdivision approval, variance, waiver, review
or other approval issued or approved pursuant to the city zoning ordinance,
general plan or review or other approval issued or approved pursuant
to the city zoning ordinance, general plan or any other city ordinance
of any condition, provision or requirement concerning the grading
of land. Nothing in this grading ordinance shall preclude the requirements
for the owner or applicant or obtain any other permit or approval
required by law from any other public or private party, or agency.
(Ord. 398 § 3, 1988)
Notwithstanding Section 15.64.750, any grading done contrary to the provisions of this chapter is also a public nuisance. Upon order of the planning commission, the city attorney is authorized to commence necessary proceedings provided by local or state law to abate, remove and/or enjoin such public nuisance. Any grading done without grader's first having obtained a grading permit therefor, regardless of whether such failure is due to neglect or refusal, shall be prima facie evidence that a public nuisance has been committed. To implement this section, the city attorney may proceed as a civil or criminal remedy. The civil remedy may be before a court within the local jurisdiction or may be an adjudicatory hearing before the planning commission pursuant to the city's nuisance abatement procedure or may be resolved administratively pursuant to Chapter 15.26.
(Ord. 398 § 75, 1988; Ord. 645 § 2 Exh. B, 1996; Ord. 652 § 2 Exh. B, 1996)
Any person, firm or corporation violating any of the provisions
of this chapter shall be deemed guilty of a misdemeanor, and upon
conviction thereof such person shall be punishable by a fine of not
more than five hundred dollars or by imprisonment for not more than
six months, or by both such fine and imprisonment for each violation.
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 provision 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.
(Ord. 398 § 74, 1988)
