The ordinance codified in this chapter shall be known as the
grading ordinance of the town of Loomis.
(Ord. 55 § 1, 1987)
This chapter establishes standards for the preparation of sites
and construction activities to protect the health, safety and general
welfare of those working or living on or near the site by protecting
against unwarranted or unsafe grading, drainage work or other aspects
of site development as follows:
A.
To
establish standards and procedures for grading and excavating so as
to minimize hazards to life and limb, protect against erosion, maintain
the natural environment, and protect the safety, use and stability
of public right-of-way and drainage channels;
B.
To
assure that projects approved under this chapter will be free from
harmful effects of run-off, including inundation and erosion, and
that neighboring and downstream properties will be protected from
drainage problems resulting from new development;
C.
To
assure proper restoration of vegetation and soil systems disturbed
by grading or fill activities authorized under this chapter. It is
intended through this chapter to maintain an attractive and healthy
landscape and to control against dust and erosion and their consequent
effects on soil structure and water quality;
D.
To
ensure that the intended use of a graded site is consistent with the
town general plan, any specific plans, and design and construction
guidelines or standards adopted thereto and applicable town ordinances
and Chapter 70 of the Uniform Building Code; and
E.
To
assure that town general plan goals are implemented, such as but not
limited to the following:
1.
Proposed
development and agricultural uses should maintain existing natural
vegetation and topography to the maximum extent feasible,
2.
To
protect major landscape features within Loomis, including significant
topography and rock outcroppings, open meadows and grazing areas,
3.
The
town may approve the clustering of development, with no increase in
net density, on sites where clustering is feasible, and necessary
to protect sensitive natural features (such as creeks, native trees,
rock outcrops) and avoid potentially hazardous areas (such as steep
slopes, flood zones, and unstable soils),
4.
Proposed
development shall be planned and designed to preserve and enhance
significant natural features (e.g., creeks, wetlands, native trees,
rock outcrops, wildlife habitat), and retain the existing topography,
to the greatest extent practical,
5.
New
commercial development shall preserve and integrate existing natural
features (e.g., creeks, native trees, rock outcrops) and topography
into project landscaping,
6.
The
town shall discourage grading activities during the rainy season,
unless adequately mitigated, to avoid sedimentation of creeks and
drainage to riparian areas:
a.
Prior to approval of discretionary development permits involving
parcels near significant ecological resource areas, project applicants
shall demonstrate that upland grading activities will not contribute
to the direct cumulative degradation of stream quality.
b.
The town will limit development on slopes with a gradient in excess
of thirty percent or in areas of sensitive or high habitat, through
appropriate zoning standards and individual development project review,
7.
Stream
corridors will be protected to the maximum extent:
a.
Proposed residential structures (homes, second units, mobile homes)
and grading shall be set back the greater of: one hundred feet from
the outermost extent of riparian vegetation as defined in the zoning
ordinance, or outside of the one hundred year flood plain. Lesser
setbacks may be approved where site-specific studies of biology and
hydrology, prepared by qualified professionals approved by the town,
demonstrate that a lesser setback will provide equal protection for
stream resources. Development shall be set back from ephemeral or
intermittent streams a minimum of fifty feet, to the extent of riparian
vegetation, or to the one hundred year floodplain, whichever is greatest.
b.
The following activities are prohibited within stream corridor setbacks:
filling or dumping; the disposal of agricultural wastes; channelization
or dams; the use of pesticides that may be carried into stream waters;
grading, or removal of natural vegetation within the required setback
areas, except with grading permit approval,
8.
The
town shall encourage the use of natural storm water drainage systems
to preserve and enhance existing natural features. The town shall
promote flood control efforts that maintain natural conditions within
riparian areas.
(Ord. 55 § 1.01, 1987; Ord. 210 § 1, 2004; Ord. 236 § 1, 2007)
Unless the particular provision or the context otherwise requires,
wherever the following terms are used in this chapter, they shall
have the meaning ascribed to them in this section:
means any land related activity for the purpose of cultivating
or raising plants or animals or conserving or protecting lands for
such purposes when conducted on agriculturally zoned lands and does
not mean surface mining or borrow pit operations.
means the solid undisturbed rock in place either exposed
at the ground surface or beneath surficial deposits of loose rock
or soil.
means a relatively level step excavated into sloping natural
ground on which engineered fill or embankment fill is to be placed.
means a professional engineer registered as a civil engineer
by the state of California.
means the increase of density of a soil or rock fill by mechanical
means.
See Excavation.
means the vertical dimension from the exposed fill surface
to the original ground surface.
means the vertical dimension from the exposed cut surface
to the original ground surface.
means the director of public works of the town, acting either
directly or through his authorized deputies.
See Fill.
means a written permit issued by the department of public
works authorizing certain work within a publicly maintained right-of-way.
means a registered geologist certified as an engineering
geologist by the state of California.
means the application of geologic knowledge in the investigation
and evaluation of naturally occurring rock and soil for use in the
design of civil works.
means the wearing away and transportation of earth material
as a result of the movement of wind, water or ice.
means the removal of naturally occurring earth materials
by mechanical means, and includes the conditions resulting therefrom.
means the elevation of the ground surface at a given point
prior to excavating or filling.
means any soil which exhibits significant expansive properties
as determined by a geotechnical engineer or the director of public
works.
means the deposit of soil, rock or other materials placed
by man and includes the conditions resulting therefrom.
means the final grade of the site after excavating or filling
which conforms to the approved final grading plan. The finish grade
is also the grade at the top of a paved surface.
means any condition in naturally occurring earth materials
which may endanger life, health or property.
means a civil engineer registered by the state of California
who is qualified in the field of soil mechanics and soil engineering
and has the authority to use the title "soil engineer."
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 may include the inspection, testing
and construction thereof.
means the vertical location of the ground surface.
means the grade prior to grading.
means the final grade of the site which conforms to the approved
plan.
means the stage at which the grade approximately conforms
to the approved plan.
means any land excavation or filling or combination thereof,
or the removal, plowing under or burial of vegetative groundcover
or importing or exporting of material whether temporary or permanent
placement.
means a plan prepared in accordance with this chapter showing
grading and related work.
means grading and related work, such as, but not limited
to, drainage improvements and erosion and sediment control.
means a special backfilled excavation which is constructed
beneath the toe area of a planned fill slope on sloping ground to
improve the stability of the slope.
means a landscape architect registered by the state of California.
See Parcel.
means the person shown as the legal owner of the property
on the latest equalized assessment roll in the office of the county
assessor.
means land described as a lot or parcel in a recorded deed
or shown as a lot or parcel on a subdivision map or parcel map on
file in the county recorder's office.
means an approved grading permit issued pursuant to this
chapter authorizing certain grading work.
means any person to whom a permit is issued pursuant to this
chapter.
means any natural person, firm, corporation or public agency
whether principal, agent, employee, or otherwise.
means a plan that shows the proposed grading work in relation
to the existing site prepared and submitted with the application for
a grading permit.
means the period of the year during which there is a substantial
risk of rainfall. For the purpose of this chapter, the rainy season
is defined as being from October 1 to May 1, inclusive.
means any material transported or deposited by water, including
soil debris or other foreign matter.
means any lot or parcel of land or combination of contiguous
lots or parcels of land, whether held separately or joined together
in common ownership or occupancy, where grading is to be performed
or has been performed.
means an inclined ground surface the inclination of which
may be expressed as the ratio of horizontal distance to vertical distance.
means all earth material of any origin that overlies bedrock
and may include the decomposed zone of bedrock which can be excavated
readily by mechanical equipment.
means a relatively level step constructed in the face of
a graded slope surface for drainage, maintenance or other purposes.
means a private roadway or driveway.
means any natural or manmade channel flowing continuously
or intermittently in a definite direction and course or used for the
holding, delay or storage of waters, which functions at any time to
convey or store stormwater runoff. Natural channels shall generally
be limited to those designated by a solid line or a dash and three
dots as shown in blue on the most recent U.S. Geological Survey 7.5
minute series of topographic maps. At the discretion of the director
of public works, the definition of natural channel may be limited
to those channels having a watershed area of fifty acres or more,
and this definition will be commonly used in connection with the administration
of this chapter except for those cases in which the director of public
works determines that the definition must be extended to a natural
channel with a watershed smaller than fifty acres in order to prevent
a condition which is a menace to life and limb, endangers property,
is a hazard to public safety, adversely affects the safety, use or
serviceability of adjacent property, public way or drainage channel,
or could adversely affect the water quality of any water bodies or
watercourses where the definition not extended to a particular natural
channel with a watershed below fifty acres.
See Grading work.
(Ord. 55 § 1.02, 1987; Ord. 210 § 2, 2004)
