This chapter is known as the City's "Grading Ordinance."
(Ord. 564 § 3, 2019)
This chapter:
A. 
Establishes minimum requirements for grading, excavating and filling of land;
B. 
Provides for the issuance of permits for grading, excavating and filling of land;
C. 
Provides for the enforcement of its provisions;
D. 
Supplements the subdivision and zoning code of the City; and
E. 
Must be read and construed as an integral part of the subdivision and zoning codes regulations and the land development patterns and controls established thereby.
(Ord. 564 § 3, 2019)
The intent of the City Council in adopting the grading code is to protect life and property, promote the general welfare, enhance and improve the physical environment of the community, and preserve and protect the natural scenic character of the City. In administering these provisions, the following goals are established:
A. 
Ensure that future development of land occurs in the manner most compatible with surrounding natural areas to have the least adverse effect upon other persons, land, or the general public;
B. 
Ensure that soil will not be stripped and removed from lands leaving barren, unsightly, unproductive land subject to erosion, subsidence and faulty drainage;
C. 
Encourage design and development of building sites to provide the maximum in safety and human enjoyment, while adapting development to and taking advantage of the natural terrain; and minimizing adverse visual impacts caused by major land form modifications;
D. 
Encourage and direct special attention toward retaining natural plantings and maximum number of existing trees;
E. 
Ensure that the objectives and policies of the adopted General Plan for the City are met and that the grading guidelines expressed therein are maintained.
(Ord. 564 § 3, 2019)
A. 
Nothing in this chapter precludes the inclusion of any condition, provision or requirement concerning the grading of land in any zoning permit, subdivision approval, waiver, review or other approval issued or approved pursuant to City ordinances.
B. 
Nothing in this chapter precludes the requirement for the owner or applicant to obtain any other permit or approval required by the City Engineer or by law from any public or private party or agency.
C. 
Nothing in this chapter changes the requirements of any other provision of this code requiring permits, fees or other charges, or any provisions concerning the granting of franchises by any other person, body or agency.
(Ord. 564 § 3, 2019)
In this chapter the following definitions apply:
"Approval"
means a written professional opinion by the responsible principal of record concerning the satisfactory progress and completion of the work under his or her purview unless it specifically refers to the City Engineer.
"Approved plans"
means the most current grading plans which bear the signature or stamp of approval of the City Engineer.
"Archaeologist"
means a person who does scientific study of material remains of past human life and activity.
"As-graded"
means the surface and subsurface conditions and configuration upon completion of grading.
"Bedrock"
means in-place solid rock.
"Bench"
means a relatively level step excavated into earth material on which fill is to be placed.
"Borrow"
means earth material acquired from an off-site location for use in grading on a site.
"Borrow pit"
means premises from which soil, sand, gravel, decomposed granite or rock are removed for any purpose.
"Borrow pitting"
means excavation created by the surface mining of rock, unconsolidated geological deposits, or soil to provide material (borrow) for fill elsewhere.
"Building pad"
means that portion of an embankment and/or excavation contained within an area bounded by a line five feet outside the foundation footing for a building.
"Building site"
means that portion of an embankment and/or excavation containing the building pad(s) and lying within an area bounded by the top of slopes and/or toe of slopes within the lot or parcel.
"Certify" or "certification"
means a signed written statement that the specific inspections and tests required have been performed and that the works comply with the applicable requirements of this chapter, the plans and the permit.
"City Engineer"
means the Director or the person appointed by the City Manager or Director to fulfill the functions of City Engineer required by law, this code, or assigned by the City Council, City Manager, or Director.
"Civil engineer"
means a professional engineer registered in the State to practice in the field of civil engineering.
"Civil engineering"
means the application of the knowledge of the forces of nature, principles of mechanics, and the properties of materials for evaluation, design and construction of civil works for the beneficial uses of the population.
"Clearing" and "brushing"
means the removal of vegetation (grass, brush, trees and similar plant types) above the natural surface of the ground.
"Compaction"
means densification of a soil or rock fill by mechanical or other acceptable procedures.
"Contour grading"
means grading which creates, or results in, land surfaces which reflect the pre-graded natural terrain or that simulates natural terrain, i.e., rounded nonplanar surfaces and rounded, nonangular intersections between surfaces.
"Contractor"
means a contractor licensed by the State to do work under this chapter. A contractor may be authorized to act for a property owner in doing such work.
"Department"
means the Engineering Department of the City of Santee and any subsequent title for this department.
"Design and development standards"
means the standards published by the City for land development activities, which standards may be published in a single document, or a combination of documents, and may be updated as needed to comply with industry practice or changes in the law.
"Director"
means the Director of Engineering of the City of Santee and any subsequent title for this department head, the City Engineer, or designee. In the event that this position is vacant or eliminated by the City, the Director shall be the City Manager or designee.
"Earth material"
means any rock, natural soil, or fill and/or any combination thereof.
"Embankment" or "fill"
is any act by which earth, land, gravel, rock, or any other material is deposited, placed, pushed, dumped, pulled, transported or moved to a new location and the condition resulting therefrom.
"Engineering geologic report"
means a report prepared under the supervision of an engineering geologist providing a geological map of a site, information on geologic measurements and exploration performed on the site and surrounding area and, providing recommendations for remedial measures necessary to provide a geologically stable site for its intended use.
"Engineering geologist"
means a certified engineering geologist, registered by the State to practice engineering geology.
"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.
"Erosion"
means the process by which the ground surface is worn away by the action of water or wind.
"Erosion control system"
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.
"Expansive soil"
means any soil with an expansion index greater than 20, as determined by the Expansive Soil Index Tests (UBC Std. 29-32).
"Exploration" or "prospecting"
means the search for minerals by geological, geophysical, geochemical or other techniques, including, but not limited to, sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent or quantity of minerals present.
"Excavation" or "cut"
means any earth, sand, gravel, rock or other similar material which is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed by people and the conditions resulting therefrom.
"Fault"
means a fracture in the earth's crust along which movement has occurred. An active fault is one that exhibits separation in historic time or along which separation of Holocene deposits can be demonstrated. If Holocene deposits are not offset, but numerous epicenters have been recorded on or in close proximity to the fault, a classification of active may be used.
Fill, nonstructural.
"Nonstructural fill" means any embankment on which no soil testing was performed or no compaction reports or other soil reports were prepared or submitted.
"Geologic hazard"
means any geologic feature capable of producing structural damage or physical injury.
Geologic hazards include:
1. 
Landslides and potential slope instabilities resulting from bedding faults, weak claystone beds, and oversteepened slopes;
2. 
Deposits potentially subject to liquefaction, seismically-induced settlement, severe ground shaking, surface rupture, debris flows, or rock falls resulting from fault activity;
3. 
Deposits subject to seepage conditions or high groundwater table.
"Geotechnical report"
means a report which contains all appropriate soil engineering, geologic, geohydrologic, and seismic information, evaluation, recommendations and findings. This type of report combines both engineering geology and soil engineering reports.
"Grade"
means the elevation and cross-sections established for the finished surface. All grades must be based upon the official datum of the City.
"Grading"
means any excavating or filling or combination thereof.
"Grading permit"
means a permit issued pursuant to this chapter.
"Grubbing"
means the removal of roots and stumps.
"Key"
means a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.
"Land development"
means making excavations and embankments on private property and the construction of slopes, drainage structures, fences and other facilities incidental thereto.
"Landscape architect"
means a landscape architect, registered by the State, who performs professional work in physical land planning and integrated land development, including the design of landscape planting programs.
"Landslide"
means the downward and outward movement of soil, sand, gravel, rock or fill or a combination thereof.
"Mined lands"
includes the surface, subsurface and groundwater of an area in which surface mining operations will be, are being or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations are located.
"Minerals"
are any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to aggregate, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas and petroleum.
"Mining waste"
includes the residuals of soil, rock, mineral, liquid, vegetation, equipment, machines, tools or other material or property directly resulting from or displaced by, surface mining operations.
"Natural terrain"
means the lay of the land prior to any grading.
"On-site construction"
means those earth material moving activities (such as excavation, grading, compaction, and the creation of fills and embankments) which are required to prepare a site for construction of structures, landscaping, or other land improvements if resultant excavations, fills, grades, or embankments are beneficially modified by such construction of structures, landscaping or other land improvements. Excavations, fills, grades or embankments that of themselves constitute engineered works such as dams, road cuts, fills, catchment basins, or levees are not considered to be surface mining operations. Earth material moving activities in areas either on or off-site where the results are modified by construction of structures, landscaping or other land improvements, and that do not of themselves consist of land improvements, and that do not of themselves consist of engineered works are deemed to be surface mining operations unless exempted under the Surface Mining and Reclamation Act.
"Operator"
means any person who is engaged in grading operations him or herself, or who contracts with others to conduct operations on his or her behalf.
"Overburden"
means soil, rock or other materials that lie above a natural deposit or in between deposits, before or after their removal.
"Owner"
means any person, agency, firm or corporation having a legal, possessory or equitable interest in a given piece of real property.
"Paleontologist"
means a person who holds an advanced degree, who is affiliated with a recognized institution such as a museum or university and who is actively engaged in the research of prehistoric life through the study of plant and animal fossils.
"Paving"
means all paving related operations such as surfacing, resurfacing, curbs, gutters, sidewalks, and ramps or as otherwise described within the City's Best Management Practices Design Manual, Priority Development Categories.
"Permittee"
means any person to whom a permit is issued pursuant to this chapter.
"Planning Director"
means the Director of Planning and Building of the City of Santee and any subsequent title for this department head, the City Planner, or designee. In the event that this position is vacant or eliminated by the City, the Director shall be the City Manager or designee.
"Preliminary soil engineering report," also referred to as "preliminary geotechnical investigation report"
means a report prepared under the responsible supervision of a soil 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.
"Premises"
means contiguous property in the same ownership.
"Private engineer"
means a civil engineer registered by the State. A private engineer may be authorized to act for a property owner in doing work covered by this chapter.
"Property owner"
means the owner, subdivider or developer of real property which will be benefited by the proposed land development work.
Property, public.
"Public property" means property owned in fee by the City, or dedicated for public use.
"Public interest slope"
means any manufactured slope which meets any one of the following criteria:
1. 
A vertical height in excess of 15 feet;
2. 
A vertical height in excess of five feet located on the exterior of a subdivision and exposed to view from any point outside the subdivision;
3. 
A vertical height in excess of five feet which will be visible after completion of the buildings to be placed on the subject graded area from any circulation element road, from any existing or proposed public buildings, public facility, or publicly used property, from any private property two streets or more away from the slope in question or from any private homes existing at the time of creation of the slope;
4. 
Any slope in the hillside overlay zone.
"Publicly used property"
means property that is used frequently by persons other than the residents and/or owners.
"Public rights-of-way"
means public easements or dedications for streets, alleys, drainageways and/or other uses.
"Reclamation"
means the process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health and safety, and is consistent with the General Plan, zoning ordinance and applicable specific plans. The process may extend to affected land and surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization or other measures.
"Relative compaction"
means the in-place dry density (determined by ASTM D1556, or other City Engineer approved equal) expressed as a percentage of the maximum dry density (determined by ASTM D1557, or other City Engineer approved equal).
"Retaining wall"
means a wall designed to resist the lateral displacement of soil or other materials.
"Rough grading"
means the condition where ground surface approximately conforms to the design grade, generally within 0.1 feet, and all compaction of fills and embankments have been performed to the specifications required by the soil engineer.
"Slope"
means the inclined exposed surface of a fill, excavation of natural terrain.
"Soil"
means earth material of whatever origin, overlying bedrock and may include the decomposed zone of bedrock which can be readily excavated by mechanical equipment.
"Soil engineer"
means a registered civil engineer who holds a valid authorization to use the title "soil engineer" as provided in Section 6736.1 of the California Business and Professions Code. The terms "geotechnical engineer," "soils engineer" and "soil and foundation engineer" are deemed to be synonymous with the term "soil engineer."
"Soil engineering"
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.
"Soil engineering report"
means a report prepared under the responsible supervision of a soil engineer which includes information on site preparation, slope heights and gradients, compaction of fills placed, placement of rock, treatment of expansive soils, providing recommendations for structural design and approving the site for its intended use.
"Stockpile"
means a temporary, uncompacted fill or embankment placed by artificial means, which is designated or intended to be moved, or relocated at a later date.
"Subdivider"
means a person, firm, corporation, partnership or association who causes land to be divided into one or more lots or parcels for him or herself or others as defined by those sections of the Government Code known as the Subdivision Map Act.
"Substantial conformance"
means grading that conforms to Section 11.40.390 of this chapter.
"Suitable material"
means 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 other intended purposes.
"Surface mining operations"
means all or any part of the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations include, but are not limited to:
1. 
Borrow pitting, streambed skimming, segregation, and stockpiling of mined materials;
2. 
In-place distillation, retorting or leaching;
3. 
The production and disposal of mining wastes;
4. 
Prospecting and exploratory activities.
"Terrace"
means a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.
"Unsuitable materials"
means any soil or earth material having properties or characteristics which, under the criteria of this chapter or under the criteria contained in any approved geotechnical report, make it unsuitable for use as fill or for any other intended use. These properties or characteristics include, but are not limited to, organic content of the material exceeding three percent, rock diameters exceeding eight inches, the presence of concrete or asphalt, or the presence of expansive soils within three feet of finish grade of any area intended or designed as a location for a building.
(Ord. 564 § 3, 2019)