(Legislative History: Ordinance No. 93-013, 8/16/93, Sections 7-12-200 — 7-12-290)
No person shall do or cause any grading on property without first having obtained a permit to do so from the City Engineer if such grading will result in any of the following:
(a) 
The volume of excavation or fill will exceed 50 cubic yards provided either:
(1) 
The existing or the resulting rate of slope will exceed 20%, or
(2) 
The vertical distance between the top and bottom of excavation or fill will exceed five feet at any location.
(b) 
Any permanently unretained excavation or fill exceeding five cubic yards where the vertical distance between the top and bottom of the excavation or fill exceeds five feet at any location, disregarding benches; and the rate of slope of the surface exceeds two to one (2:1) for fill or one and one-half to one (1 1/2:1) for excavation, regardless of findings in the "Soils Report" called for in Section 7-12-275 herein.
(c) 
Any excavation or fill exceeding five cubic yards within 15 horizontal feet of any property line if the bottom of such excavation is below a line descending at a rate of slope of two to one (2:1) from the existing ground surface at such property line, or if the top of such fill is above a line ascending at a rate of two to one (2:1) from such property line, regardless of the findings in the "Soils Report" called for in Section 7-12-275 herein.
(d) 
Grading in connection with a building, swimming pool retaining wall or other structure where the vertical distance between top and bottom of the unretained slope will exceed five feet at any point, disregarding benches, when the cut slope exceeds one and one-half to one (1 1/2:1) or the fill slope exceeds two to one (2:1).
(e) 
Any retained or unretained excavation or fill of any volume and height where the City Engineer has information or purported land stability problems on or in the vicinity of the site (i.e., "Land Stability Problem Area").
(f) 
Any "land disturbance" as defined in Section 7-12-100, where the rate of slope of the ground surface exceeds 20%.
(g) 
An excavation or fill which will encroach on or alter a natural drainage channel or watercourse.
(h) 
The construction, reconstruction, alteration, repair, or installation of any structure in any natural watercourse.
(i) 
Removal of the natural vegetation or groundcover from an area in excess of 5,000 square feet.
Grading of an emergency nature to safeguard life or property may be undertaken prior to the issuance of a grading permit. If the emergency work will result in any of the criteria set forth above, an application for grading permit shall be initiated with the City Engineer no later than 10 days after the commencement of the emergency and said application shall be diligently pursued by the applicant.
A separate permit shall be required for each non-contiguous site. One permit may cover both an excavation and a fill on the same site. Property of a given ownership "divided" by a street, path, easement, is considered contiguous.
No permit shall be required pursuant to this Chapter for any of the following:
(a) 
Temporary excavations in a public street or public right-of-way for which a permit has been issued under Chapter 1 of Title V of this Code.
(b) 
Any public agency which has a reciprocity agreement with the City of San Leandro pursuant to work under this Chapter.
(c) 
Any excavation below finished grade for basement, footing, retaining wall. swimming pool or other structure authorized by a valid building or foundation permit, which excavation will be completely occupied by and retained by the structure, provided such excavation is conducted in accordance with the laws of the State of California relating to lateral support when the existing and finished ground slope will not exceed 10%.
(d) 
A fill above existing grade, which fill will be retained by the exterior wall of a building, a retaining wall, swimming pool or other structure authorized by a valid building permit when the existing and finished ground slope will not exceed 10%.
(e) 
Grading within a street to conform to elevations established by the City Engineer and for which a permit has been issued under the provisions of Title V of this Code.
(f) 
For test trenches, pits and borings done under the supervision of a civil engineer or registered geologist or certified engineering geologist in accordance with the applicable regulations of the City and the State of California.
(g) 
Cemetery graves.
(h) 
Water wells.
(i) 
Grading in accordance with plans incorporated in an approved surface mining permit, reclamation plan or sanitary landfill.
(j) 
Denudation ordered in writing by the Fire Marshal for the preservation of life or property.
The application for a grading permit must include all of the following items:
(a) 
Application form.
(b) 
Vicinity Map, Site Map and grading plan.
(c) 
Erosion and sedimentation control, and drainage plan. (Can be shown on grading plan.)
(d) 
Pollutant control plan.
(e) 
Statement(s) of the engineer(s) in charge.
(f) 
Soils Report, unless omission of same is approved in writing by the City Engineer. Contents of the Soils Report shall be as delineated in Section 7-12-275.
(g) 
A landscape addendum to the erosion and sediment control plans by a licensed landscape architect when required by the Director of Development Services.
(h) 
Proposed work schedule.
(i) 
Fee and deposit for review of the application in accordance with the current Master Fee Schedule.
(j) 
Itemized estimate of cost of work by a Civil Engineer (Including retaining structures.)
(k) 
Such other items as may be required by the City Engineer or duly authorized representative to aid in the understanding and review of the proposed grading work.
The following information is required on the grading permit application form:
(a) 
A description of the property in sufficient detail to permit its identification and general location.
(b) 
The name(s) and address(es) and phone numbers of the owner or owners of the property.
(c) 
A statement of the purpose of the grading work.
(d) 
Whether the grading is for the purpose of preparing the site for a subdivision under the provisions of the State Subdivision Map Act and Title VII, Chapter 1 of this Code.
(e) 
The name, address, telephone number and contractor's license number of the person or firm who will be doing the grading.
(f) 
The names, addresses, or registration numbers, of the civil engineer(s) in charge who will direct the grading work, who prepared the grading plans and who will provide the testing and inspection of the work.
(g) 
The amount in cubic yards of the proposed excavation and fill and the amount of the cumulative total of grading work.
(h) 
The equipment and methods to be used in the grading work.
(i) 
Whether any material will be hauled from or imported onto the site over public streets, and if so, the site from which or to which said material will be moved and the routes to be used.
(j) 
The approximate starting and completion dates of the grading work.
(k) 
An estimate of total cost of all grading work.
(l) 
Whether the grading is located within the Special Studies Zone, Flood Hazard Area, watercourse, or Land Stability Problem Area or Site Containing Expansive Soils.
(m) 
The signature of the owner or authorized agent and the date of the application.
(n) 
Such further applicable information, including a legal description of the site, as the City Engineer may require in order to carry out the purposes of this Chapter.
The vicinity map shall show the project site in relationship to the surrounding area's water courses, water bodies and other significant geographic features, roads and other significant structures.
The site map and grading plan shall be prepared and signed by a civil engineer and shall include all of the following:
(a) 
A topographic and boundary survey of the site showing existing and proposed contours at not more than five foot intervals to a minimum scale of 1:240 (1"=20') for all sites to be graded containing up to and including five acres. Sites containing more than five acres shall have contours at intervals and a minimum scale subject to the approval of the City Engineer. Contour lines shall extend to the curb line of any City standard improved street or to the center line of any other street. Enough off-site contours shall also be included to show how surface runoff of storm water will flow onto and off of the site.
(b) 
Proposed limits of cuts and fills, both temporary and permanent, and other earthwork clearly designated.
(c) 
Proposed retaining structures.
(d) 
Drainage plan — to include existing, temporary, and final drainage facilities which shall be coordinated with erosion and sediment control plans.
(e) 
Existing and proposed improvements on the site.
(f) 
Existing off-site structures within fifteen (15') feet of the site boundary and other off-site improvements which may be affected by the grading work.
(g) 
Public and private easements of record.
(h) 
A Soils report, as hereinbefore defined, prepared by a California registered civil engineer, when required by the City Engineer.
(i) 
Typical engineering cross sections of areas to be graded and profiles of all proposed traveled ways for vehicles and pedestrians.
(j) 
Measures to be taken to protect against potential hazards arising during the progress of the grading work.
(k) 
If the site is in the Special Studies Zone, any purported fault trace which may or does cross or affect the site to be graded.
(l) 
All proposed corrective actions to be taken to alleviate existing site conditions detrimental to the improvements proposed including expansive soils and land stability problems.
(m) 
Any such additional items as required by the City Engineer to clarify or provide additional information which may be necessary to allow a complete review of the proposed work.
Erosion control and sedimentation control, and drainage plans shall be prepared by a Civil Engineer and shall be subject to the approval of the City Engineer. Overall, the plans shall ensure that storm water from the site meets the quality standards dictated by the "Storm Water Management and Discharge Control Program Ordinance No. 92-011." The erosion and sediment control plans shall be prepared to the current "Association of Bay Area Governments (ABAG) Manual of Standards for Erosion and Sediment Control Measures" and the "Handbook for Erosion and Sediment Control," and shall include the following:
(a) 
Interim Measures: The plans shall include interim erosion and sedimentation control measures to be taken during wet seasons until permanent erosion and sedimentation control measures can adequately minimize erosion, excessive storm water runoff and sedimentation.
The plans shall include all necessary measures to be taken to prevent excessive storm water runoff or carrying by storm water runoff of solid materials onto lands of adjacent property owners, public streets, or to watercourses as a result of conditions created by grading operations.
The plans shall include, but not be limited to, such measures as short-term erosion control planting, waterproof slope covering, check dams, interceptor ditches, benches, storm drains, dissipation structures, diversion dikes, retarding berms and barriers, devices to trap, store and filter out sediment, and storm water retention basins. Off-site work by the applicant may be necessary.
The applicant shall provide any off-site permission or easements necessary and present written proof thereof to the City Engineer.
The plan shall include a schedule for the installation and maintenance of the erosion and sediment control measures. Erosion and sediment control work shall be coordinated with grading work.
A narrative description shall also be provided of measures to be taken, planting materials and specifications, and maintenance provisions. There shall be a clear notation that the plans are subject to changes as changing conditions occur. Calculations of anticipated storm water runoff and sediment volumes shall be included, if required by the City Engineer.
(b) 
Permanent Measures: The plans shall include permanent erosion and sedimentation control measures which shall be primarily oriented towards prevention of erosion and shall include, but not be limited to, such measures as permanent erosion control planting, paved ditches, planted swales, benches, storm drains, dissipation structures, rip rap, and storm water retention basins.
A narrative description shall also be provided of measures to be taken, specifications for planting materials, fertilizers, planting and maintenance procedures.
An estimate of the length of time which will be required for the planting to produce a permanent coverage which will be sufficient to provide the degree of erosion control protection for which it is designed.
Pollutant control plan shall be prepared by a civil engineer and shall be subject to the approval of the City Engineer. The pollutant control plan shall identify all construction or contractor activities that could cause pollutants in the storm water and what those pollutants are. Pollutants may include dust, fuels, pesticides, fertilizers and construction materials.
The pollutant control plan shall also include a description or measures or practices to control these pollutants. The plan shall further include measures to prevent or control pollutants in runoff after construction is complete.
The "Storm Water Quality Controls for New Developments in Santa Clara Valley and Alameda County" and the "California Storm Water Best Management Practice Handbooks" for construction and municipal activities, respectively, shall serve as guide for preparing the Pollutant Control Plan.
If required by Federal, State or local laws and regulations to file a Notice of Intent (NOI), the applicant shall not be issued a grading permit until he/she has filed the required NOI to the State Water Resources Quality Board and has prepared a Storm Water Pollutant Prevention Plan (SWPPP) and said SWPPP has been reviewed and approved by the City Engineer.
Prior to the issuance of a grading permit, the applicant shall submit an Initial Statement of the Engineer" shown below, signed by a civil engineer who will be responsible for the grading work. Such responsibility is defined in Section 7-12-245 below.
(a) 
One Civil Engineer In Charge: Where one civil engineer will be in responsible charge of the entire grading project, including but not limited to the preparation of the grading plans, the exact following initial statement of the engineer is required:
Date _____
City Engineer
835 East 14th Street RE: Grading at
San Leandro, CA 94577
Initial Statement of the Engineer
I have been retained by ______ (Applicant) to be in responsible charge of the grading work at subject property. I will assume full responsibility as responsibility is defined in Section 7-12-245 below for carrying out the following to the best of my knowledge and ability:
(1)
Assuring that testing and inspection required for the work in progress and the completed work shall be accomplished in a professional manner to determine whether all the work is being/was done in accordance with the plans and specifications approved by the City Engineer.
(2)
Notifying the Applicant, verbally and in writing (with a copy to the City Engineer), of any work not being performed in accordance with the approved plans and. specifications.
(3)
Notifying the Applicant, verbally and in writing (with a copy to the City Engineer) of any work not meeting the requirements of the approved plans and specifications.
(4)
Notifying the Applicant, verbally and in writing, of the modification(s) required in his or her performance and the necessary corrective measures to be taken to cure all deficiencies.
(5)
Submitting amended grading, erosion and sedimentation control, and pollutant control plans (through the Applicant) to the City Engineer for his or her review and approval for any significant changes caused by unforseen conditions, along with a report setting forth the reasons for these changes and the recommended changes to the improvement plans engendered as a result of the amended plans.
(6)
Notifying the Applicant, verbally and in writing (with a copy to the City Engineer), of any portion of the grading work affected by the amended plans and shall recommend whether or not the Applicant should proceed with the work before the amended plans are approved by the City Engineer.
(7)
Submitting upon the Applicant's satisfactory completion of work under the permit, a Statement of Completion with the results of all tests and inspections attached thereto.
(8)
Stating in writing, along with the Statement of Completion, that the interim erosion control and sediment control measures appear to be adequate if properly maintained until the permanent erosion control measures are fully established, if any are required.
If my services on the job are terminated, I will, at said time of termination, submit to the City Engineer, a Statement of Partial Completion addressing the progress and conditions of all of the applicable items above and attach thereto the results of such inspections and tests which have been completed.
(SEAL)
Signed: _____________
Registered Civil Engineer No. _____ (Exp. Date)
(b) 
Different Civil Engineer In Charge: When the civil engineer in charge is other than the civil engineer who prepared the approved plan, the following paragraph will be added to the letter in subsection (a) above:
"I have examined the plans to be used for this work as prepared by (name and registration of Civil Engineer) dated ________ and hereby approve and adopt them as to the portions concerning the work to be performed under this permit."
(c) 
Where More Than One Civil Engineer In Charge: Where more than one civil engineer shall function as civil engineer in charge and divide their responsibilities, each will submit in the exact text, the following initial statement of the engineer:
Date ______
City Engineer
835 East 14th Street RE: Grading at
San Leandro, CA 94577
INITIAL STATEMENT OF THE ENGINEER (DIVIDED RESPONSIBILITY)
I have been retained by _______ (Applicant) to be in responsible charge of the portions grading work enumerated below.
I will assume full responsibility as responsibility as defined in Section II below for carrying out the following to the best of my knowledge and ability: (Each individual engineer shall enumerate and provide the portions of work he or she is to be responsible for.)
If my services on the job are terminated, I will, at said time of termination, submit to the City Engineer, a Statement of Partial Completion addressing the progress and conditions of all of the applicable items above and attach thereto the results of such inspections and tests which have been completed.
(SEAL)
Signed: ________________
Registered Engineer No. ________ (Exp. Date)
(d) 
When those civil engineers in charge, as specified in subsection (c) above, are not the civil engineers who prepared the approved plan, each civil engineer in charge shall add the paragraph shown in subsection (b) above.
(e) 
No initial statement(s) of the engineer shall be accepted as complete until all responsibilities addressed in subsection (a) above have been covered by one or more civil engineer(s) in charge.
The responsibilities of the civil engineer(s) in charge are defined as follows:
(a) 
Inspection and Testing: The civil engineer in charge shall inspect the work in progress and perform such tests as may be necessary during the progress of the work to determine whether all grading work is done in accordance with the Plans and Specifications approved by the City Engineer.
The City Engineer or authorized representative shall conduct unscheduled inspections of grading work in progress to assess whether such work poses a hazard to life and public or private property.
(b) 
Substandard Performance: Notification of Applicant: When the inspection and testing reveals that the work is not being properly performed, and/or all or any portion of the work does not meet with the requirements of the approved plans and specifications, he or she shall immediately notify the applicant, verbally and in writing (with a copy to the City Engineer).
The civil engineer in charge shall also notify the applicant of any modifications which are required in his or her performance and the necessary corrective measures to be taken to cure the deficiencies in the work.
(c) 
Chances in the Approved Plans and Specifications Due to Unforeseen Conditions: If, during the progress of the grading work, the civil engineer in charge finds it necessary to require significant changes due to unforseen conditions, he or she shall submit (through the applicant), amended plans and specifications for the approval of the City Engineer. He or she shall also submit, at that time, a report setting forth the reason for the changes. The report shall also include any recommended changes to future improvement plans engendered as a result of the amended plan.
The civil engineer in charge shall also notify, verbally and in writing (with a copy to the City Engineer), the applicant of any portion of the grading work affected by the amended plans and recommend whether or not work should proceed before the amended plans are approved by the City Engineer.
(d) 
Upon completion of the grading work, the civil engineer in charge shall submit a statement of completion shown in Section 7-12-500. He or she shall, at that time, also state in writing that interim erosion and sedimentation control measures, where required by the City Engineer, have been taken and appear to be adequate until permanent erosion control planting is effectively established.
(e) 
It shall not be the responsibility of the civil engineer in charge to perform the direction or supervision of the personnel and equipment performing the actual grading work unless they are in the employ of the civil engineer in charge.
(f) 
It shall not be the responsibility of the civil engineer in charge to supervise, direct, inspect, or test any improvements being constructed coincidentally with the grading work but not a part of the approved grading, erosion and sedimentation control, and pollutant control plans.
The applicant must submit a master work schedule showing the following information:
(a) 
Proposed grading schedule.
(b) 
Proposed conditions of the site on each July 15, August 15, September 15, October 1, and October 15, during which the permit is in effect.
(c) 
Proposed schedule for installation of all interim drainage, erosion, and sediment control measures including, but not limited to, the state of completion of erosion and sediment control devices and vegetative measures on each of the dates set forth in subsection (b) above (also see Section 7-12-230).
(d) 
Schedule for construction of final improvements, if any.
(e) 
Schedule for installation of permanent erosion and sediment control devices where required (see Section 7-12-230).
No grading permit shall be issued for any site located in a designated Flood Hazard Area unless the grading plan provides for mitigation measures relative to the projected flood hazard. The mitigation methods are subject to the review and approval of the City Engineer.
All soils reports shall be based at least in part, on information obtained from on-site testing. The minimum contents of a soils report submitted pursuant to this Chapter shall be as follows:
(a) 
Logs of Borings and/or Profiles of Test Pits and Trenches:
(1) 
Borings:
(i) 
The minimum number of borings acceptable, when not used in combination with test pits or trenches, shall be two, when in the opinion of the soils engineer such borings shall be sufficient to establish a soils profile suitable for the design of all footings, foundations and retaining structures.
(ii) 
The depth of each boring shall be sufficient to provide adequate design criteria for all proposed structures.
(iii) 
All boring shall be included in the soils report logs.
(2) 
Test Pits and Trenches:
(i) 
Test pits and trenches shall be of sufficient length and depth to establish a suitable soils profile for the design of all proposed structures.
(ii) 
Soils profile of all test pits and trenches shall be included in the soils report.
(b) 
A plat shall be included which shows the relationship of all borings, test pits and trenches to the exterior boundary of the site. The plat shall also show the location of all proposed site improvements. All proposed improvements shall be labeled.
(c) 
Copies of all data generated by field and/or laboratory testing to determine allowable soil bearing pressures, sheer strength, active and passive pressures, maximum allowable slopes where applicable and any such other information which may be required for the proper design of foundations, retaining walls and other structures to be erected subsequent to or concurrent with work done under the grading permit.
(d) 
A written report which shall include, but is not limited to, the following:
(1) 
Site description.
(2) 
Local and site geology.
(3) 
Review of previous field and laboratory investigations on the site, it any.
(4) 
Review of information on or in the vicinity of the site on file at the Office of the City Engineer, if any.
(5) 
Site stability shall be addressed with particular attention to existing conditions and proposed corrective actions at locations where land stability problems exist
(6) 
Conclusions and recommendations for foundations and retaining structures, resistance to lateral loading, slopes and specifications for fills and pavement design as required.
(7) 
Conclusions and recommendations for temporary and permanent erosion control and drainage if not provided in a separate report appended to the required soils report.
(8) 
All other items which the soils engineer deems necessary.
(9) 
The signature and California registration number and expiration date of the civil engineer preparing the report.
(e) 
The city engineer may reject any report he or she believes is not sufficient.
(a) 
A landscape addendum to the grading plans may be required at the discretion of the Director of Development Services. The landscape plan, when required, shall be prepared by a licensed landscape architect to the current professional standards in landscape architecture and is subject to the approval of the Director of Development Services.
(b) 
The Director of Development Services upon completion of his or her investigation including review of the Landscape Addendum (when required), shall transmit his or her report and recommendations to the City Engineer, and no permit shall be issued until such report has been received.
(c) 
The Director of Development Services may prescribe the scale for required landscape plans. Further he or she may require any of the following information to be submitted as part of those plans.
(1) 
Proposed grading contours at specified intervals; existing contours; all grades related to established data or bench mark;
(2) 
Yard drainage (and roof drainage, if applicable); together with controlling grades and dimensions or all tile lines, culverts, catch basins, drain inlet, turf and masonry gutters; and all curbs, drainage disposal, and all existing facilities to be used;
(3) 
Outlines of buildings and other improvements within the project, together with physical features of the site, for the purpose of establishing the location and relationship of planting and related construction;
(4) 
A list of plant material giving standardized botanical plant names and key numbers for each variety, for reference to the plan; and, a description common to the trade;
(5) 
A specification describing the methods for planting the areas to be landscaped including (a) soil preparation, fertilization, plant material and methods of planting; and (b) initial maintenance of the plant material and slopes until a specified percentage of plant coverage is established uniformly on the cut and fill slopes;
(6) 
A statement by the author of the landscape plans giving his or her opinion regarding; (a) the time after planting in which the specified planting with the specified initial maintenance normally will produce the specified percentage of plant coverage in the slope control areas; and (b) the time in which this specific plant coverage, without any special additional maintenance, normally will produce coverage of permanent planting which will control erosion;
(7) 
Details of all items and features pertaining to site preservation and improvement such as retaining walls, tree wells, and details not shown on other plans accompanying the application;
(8) 
Any other details, including further plans, the reviewing Department may require to carry out the purposes of this Chapter.
(d) 
If the City Engineer deems it necessary, any soil or civil engineer may be required to review and sign the landscape plans on which they have prepared grading or soils reports.
Upon receipt, the City Engineer may refer a copy of any permit application to any other public agency or public utility which, in his or her judgment, may have an interest in or be affected by the proposed grading. The City Engineer, in acting upon the permit application, may consider any report or recommendation received from such other public agency or public utility.