This chapter provides procedures and minimum standards for the
regulation of grading activities within the City. These provisions
are intended to promote the public safety and welfare by preventing
unreasonable or unnecessary erosion and sediment production and related
degradation of natural resources and the City's stormwater drainage
systems.
A.
Compliance
Required. The provisions of this chapter apply to all excavation,
fill, or other grading activities occurring within the City. It is
unlawful and a violation of this chapter for any person to:
1.
Cause, conduct, allow, or furnish equipment or any labor for any grading activities without first obtaining any planning permit required by Title 17, Zoning, a grading permit when required by Section 15.12.050, Grading Permit Requirements, and complying with all applicable grading standards of this chapter.
2.
Violate
or fail to comply with any term or condition of the approval of any
grading permit issued in compliance with this chapter.
B.
Project
Approval Required Prior to Grading. No grading permit shall be issued
and no grading shall occur unless a development project has been first
authorized on the site in compliance with Title 17, Zoning, and Title
16, Subdivisions, as amended.
C.
Hazards.
Whenever the Building Official and/or City Engineer determines that
any excavation, embankment, or fill on private property constitutes
a hazard to public safety, endangers property, or adversely affects
the safety, use or stability of adjacent property, an overhead or
underground utility, or a public way, watercourse, or drainage channel,
or could adversely affect the water quality or any water bodies or
watercourses, the owner or other person in control of the subject
property shall be contacted and advised of the problem. Upon receipt
of written notice from the Building Inspector and/or City Engineer,
the property owner shall repair or eliminate the excavation, embankment
or fill so as to eliminate the hazard and conform with the requirements
of this chapter.
D.
Inadvertent
Discovery Protocol for Archeological Resources. If archaeological
resources are encountered during permitted or nonpermitted grading
activities in the City of Blue Lake, all onsite work shall cease in
the immediate area and within a 50-foot buffer of the discovery location.
A qualified locally experienced archaeologist will be retained to
evaluate and assess the significance of the discovery, and develop
and implement an avoidance or mitigation plan, as appropriate. For
discoveries known or likely to be associated with Native American
heritage (prehistoric sites and select historic period sites), the
Tribal Historic Preservation Officers (THPOs) for the Blue Lake Rancheria,
Bear River Band of Rohnerville Rancheria, and Wiyot Tribe are to be
contacted immediately to evaluate the discovery and, in consultation
with the project proponent or property owner, City of Blue Lake, and
consulting archaeologist, develop a treatment plan in any instance
where significant impacts per the California Environmental Quality
Act (CEQA) cannot be avoided. Prehistoric materials may include, but
are not limited to, obsidian or chert flakes, tools, locally darkened
midden soils, groundstone artifacts, shellfish or faunal remains,
and human burials. Historic archaeological discoveries may include,
but are not limited to, 19th century building foundations; structural
remains; or concentrations of artifacts made of glass, ceramic, metal
or other materials found in buried pits, old wells or privies. Should
known or suspected Native American skeletal remains or burials be
inadvertently discovered, the provisions of Section 7050.5 of the
California Health & Safety Code and Section 5097.98 of the Public
Resources Code shall apply (see at http://www.nahc.ca.gov/profguide.html).
E.
Enforcement.
The provisions of this chapter shall be enforced by the Building Official
and/or City Engineer. The engineer for a project may be required to
inspect work and certify compliance with the approved grading plan,
erosion and sediment control plan, and the provisions of this chapter.
F.
Violations.
Any person, firm, corporation, or other entity, whether as principal,
agent, employee or otherwise, violating or causing violation of any
provision of this chapter shall be guilty of an infraction or misdemeanor
as charged by the City Attorney. Violations may also be subject to
stop work orders, corrective action orders, and/or the suspension
of issuance of occupancy permits.
Unless specifically defined below, words or phrases used in
this chapter shall be interpreted so as to give them the meaning they
have in common usage and to give this chapter its most reasonable
application.
means the Building Official has determined that the proposed
work or completed work conforms to this chapter.
is the extent of surface conditions on completion of grading.
is in-place solid rock.
is a relatively level step excavated into earth material
on which fill is to be placed.
are physical and managerial practices that, when used separately,
or in combination, prevent or reduce erosion, sedimentation, or pollution
of water. An example of a guide for BMPs is the State Water Resource
Control Board Best Management Practices Construction Handbook.
is a five-member board appointed by the City Council whose
purpose is to hear appeals relative to interpretations of the City's
ordinance regulating grading, erosion, and sediment control by the
Building Official and/or City Engineer.
is earth material acquired from an off-site location for
use in grading on a site.
is an official responsible for planning, organizing, managing,
and coordinating Building Division activities including building permit
processing, plan checking, building permit plan review, building inspection,
and building code compliance.
is a natural or artificial open watercourse with definite
bed and banks which periodically or continuously contains moving water
or forms a connecting link between two bodies of water.
is the official responsible planning, organizing, managing,
and coordinating Engineering Division activities including planning,
designing, and inspecting the construction of public improvements,
review of development plans for compliance with engineering standards,
performance of technical studies, land surveying, and subdivision
ordinance compliance.
is the official responsible for planning, organizing, managing,
and coordinating Planning Division activities including planning permit
processing, site plan review, development and implementation of general
and specific plans, and zoning code compliance.
is the professional engineer registered in the State to practice
in the field of civil works and is qualified in accordance with Section
6730 et seq., of the Business and Professions Code, or successor provisions.
is the application of the knowledge of the forces of nature,
principles of mechanics and the properties of materials to the evaluation,
design and construction of civil works.
is the densification of a fill by mechanical means.
means activities that are an integral and necessary part
of a construction project that are undertaken to prepare a site for
construction of structures, landscaping, or other land improvements,
including the related excavation, grading, compaction, or the creation
of fills, road cuts, and embankments.
is the outflow rate of surface water.
is any element in a drainage system which is made or improved
by a human.
is any rock, natural soil or fill or any combination thereof.
is a registered geologist experienced and knowledgeable in
engineering geology and certified by the State of California to practice
as a certified engineering geologist.
is the application of geologic knowledge and principles in
the investigation and evaluation of naturally occurring rock and soil
for use in the design of civil works.
is the wearing away of the ground surface as a result of
the movement of wind, water or ice.
is a plan that fully indicates necessary land treatment and structural measures, including a schedule of timing for their installation, which will effectively minimize soil erosion and sediment yield. Such measures shall be in accordance with standards contained in Section 15.12.070, Grading Standards, of this chapter.
is the physical removal of earth material.
is the deposit of earth material caused or placed by artificial
means.
are those drawings provided in sufficient detail for use
in the control of construction or related activities and for use in
the issuance of permits or approval of improvement plans. The plans
are to be accompanied by supporting calculations.
is the vertical location of the ground surface.
"Existing grade"
is the grade prior to grading.
"Finish grade"
is the final grade of the site which conforms to the approved
plan.
"Rough grade"
is the stage at which the grade approximately conforms to
the approved plan.
means all grading, filling, land contouring, clearing and
grubbing, drainage activities, site preparation, and road building.
is a designed compacted fill placed in a trench excavated
in earth material beneath the toe of proposed fill slope.
is any land change which may result in soil erosion from
water, wind, and the movement of sediments onto adjacent properties.
Such activities include, but are not limited to, clearing, grading,
excavating, transporting and filling of land.
is a natural or artificial layer of material placed on exposed
earth to provide more desirable moisture and temperature relationships
for plant growth. It is also used to control the occurrence of unwanted
vegetation.
are those drawings required which are: drawn to scale, and
in sufficient detail to indicate the anticipated areas of impact owing
to grading and related activities. The plans are to include the proposed
methods of mitigating the impacts to a level of less than significant
through the use of best management or equivalent techniques.
is the inspection required by this code to be performed by
the civil engineer, soils engineer or engineering geologist. Such
inspections include that performed by persons supervised by such engineers
or geologists and shall be sufficient to form an opinion relating
to the conduct of the work.
is a registered geologist experienced and knowledgeable in
geology and certified by the State of California to practice in the
field of geology.
is an engineer experienced and knowledgeable in the practice
of geotechnical (soils) engineering and licensed by the State of California
to practice. A registered civil engineer may prepare the required
geotechnical engineering (soils) report where the engineer has at
least 15 years of experience in preparing such reports for private
or public projects which have been accepted for use by public agencies,
and is qualified in accordance with Section 6736.1 of the Business
and Professions Code, or successor provisions.
is a solid material, both mineral and organic, that is in
suspension, is being transported, or has been moved from its site
or origin by air, water, or gravity.
is the process of deposition of fragmented rock, soils, or
organic particles displaced, transported, and deposited by erosive
processes.
is a sediment detention basin is a reservoir which retains
flows sufficiently to cause deposition of transported sediment.
is a simplified form, issued by the Building Official, for
erosion and sediment control plans for certain qualifying minor grading
projects.
is any lot or parcel of land or contiguous combination thereof,
under the same ownership, where grading is performed or permitted.
is an inclined ground surface the inclination of which is
expressed as a ratio of horizontal distance to vertical distance.
means the cross slope of a parcel shall be determined by
measurement, at 50-foot intervals, of the average slope perpendicular
to the contour lines.
is naturally occurring superficial deposits overlying bedrock.
is the application of the principles of soils mechanics in
the investigation, evaluation and design of civil works involving
the use of earth materials and the inspection or testing of the construction
thereof.
is a plan required for various construction and industrial
activities pursuant to the Federal Clean Water Act and related State
regulations.
is the water which results from rainfall flowing over the
surface of the ground.
is a low lying stretch of land which gathers or carries surface
water runoff.
is a relatively level step constructed in the face of a graded
slope surface for drainage and maintenance purposes.
is lawn and yard maintenance, brush and tree pruning, home
gardening, compliance with defensible space requirements around structures
and along roads and driveways, removal of exotic (nonnative) plant
species, and other land maintenance activities involving cutting,
removal, or planting of nonexotic vegetation by manual, mechanical,
or chemical methods.
are activities conducted pursuant to a grading permit during
the period of October 15th through April 15th.
The provisions of this chapter supplement and are in addition
to the requirements of the latest edition of the California Building
Code. Each project that includes grading shall also comply with the
applicable requirements of CBC.
A.
General
Requirements.
1.
Except
as provided in this chapter, no person shall commence any grading,
ground disturbing, clearing of vegetation, or other land-disturbing
activity without having first obtained a grading permit from the Building
Official. A separate permit shall be obtained for each site, and may
cover both excavation and fills.
2.
In
geologic/seismic safety hazard areas, areas identified as "medium
risk" and "high risk" slope/soil stability hazard areas, and areas
identified as having a high liquefaction potential, as described in
the Public Safety Element, other relevant publications (e.g., Humboldt
County hazard mitigation mapping), or as determined by the Building
Official and/or City Engineer, no grading or clearing of vegetation
shall commence without obtaining approval from the Planning Department,
Building Department, and City Engineer, in addition to the grading
permit required by paragraph 1 of this subsection.
B.
Exceptions. Except in the areas noted in subsection (A)(2) of this section, a grading permit shall not be required if the work meets any of the following conditions:
1.
Clearing
of vegetation does not exceed 1,000 square feet in area, or does not
expose or disturb soil surface;
2.
Cultivation
of land for agricultural purposes, provided that normal and customary
agricultural practices are followed to minimize potential erosion;
3.
Grading
associated with timber harvesting that has been authorized in compliance
with regulations of the California Department of Forestry and Fire
Protection;
4.
Refuse
disposal site controlled by regulations of other agencies;
5.
Excavation
for wells or tunnels or utilities;
6.
An
excavation does not exceed four feet in vertical depth at its deepest
point, measured from the original surface, and does not exceed 200
square feet in area;
7.
A
fill that does not exceed three feet in vertical height at its highest
point, measured from the natural ground surface, and does not cover
more than 200 square feet;
8.
Exploratory
excavations under the direct supervision of soils engineers or engineering
geologists which do not exceed an aggregate area of 200 square feet.
9.
An
excavation below finished grade for basements and footings of a building
if authorized by a valid building permit. This exception does not
affect the requirement of a grading permit for any fill made with
the material from the excavation; or
10.
Excavations for cemetery graves.
C.
Grading
in Geologic Hazard Areas. All grading located in geologic hazard areas
as described in the Public Safety Element, other relevant publications
(e.g., Humboldt County hazard mitigation mapping), or as determined
by the Building Official and/or City Engineer, shall be subject to
geologic hazard review as detailed below. A report or waiver required
in compliance with this section shall be included with any grading
permit application. Final soil grading and geologic grading reports
shall also be required for all grading activities in these areas,
except that borings and related analyses will be sufficient in liquefaction
hazard areas.
The Geologic Hazard Land Use Matrix in Table 1 shall apply throughout
the City. Engineering geologic and/or soils engineering reports shall
be required for new development in compliance with the schedule identified
in the matrix.
1.
"R1"
Report Requirements. An engineering geologic report and a soils engineering
report shall be prepared for the classes of development and hazard
areas indicated by "R1" in the Geologic Hazards Land Use Matrix.
2.
"R2"
Report Requirements. An engineering geologic report shall be prepared
for the classes of development and hazard areas indicated by an "R2"
in the Geologic Hazards Land Use Matrix.
3.
"D" Discretionary Report Requirements. For the classes of development and hazard areas indicated by a "D" in the Geologic Hazards Land Use Matrix, the Building Official and/or City Engineer, after consultation with the City Planner, shall use the considerations listed below in paragraph (3)(a), Criteria for Requiring a Report, to determine whether or not a report is required. Conditions which typically indicate that a report should be required are identified in paragraphs (3)(b), Soils Engineering Report, and (3)(c), Engineering Geology Report, of this subsection C.
|
Table 1 Geologic Hazard Land Use Matrix
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
Building Type/Land Use
|
Earthquake Shaking Hazard
|
Fault Rupture Hazard
|
Slope/Soil Stability Hazard
|
Liquefaction Potential
| |||||
|
SSZ
|
PAF
|
Low
|
Med
|
High
|
Low
|
Med
|
High
| ||
|
Critical Facilities
| |||||||||
|
Hazardous substances storage, reservoirs, natural gas storage
tanks
|
R1
|
R2
|
R2
|
D
|
D
|
R1
|
R1
|
R1
|
P
|
|
Hospitals, fire and police stations, emergency control centers,
power plants, power and communications substations, schools, theaters
|
|
|
|
|
|
|
|
|
|
|
Auditoriums, hotels, large motels, major office buildings, high
density residential
|
|
|
|
|
|
|
|
|
|
|
Non-Critical Facilities—Moderate Risk
|
|
|
|
|
|
|
|
|
|
|
Residential structures on existing lots with footing loads greater
than typical two-story wood frame dwellings, or residential structures
with three stories or more
|
D
|
R2
|
D
|
D
|
R2
|
R1
|
D
|
R1
|
R1
|
|
Major subdivisions
|
D
|
R2
|
R2
|
D
|
R2
|
R1
|
D
|
R1
|
R1
|
|
Heavy industrial
|
R2
|
R2
|
R2
|
D
|
R2
|
R1
|
R1
|
R1
|
R1
|
|
Non-Critical Facilities—Low Risk
| |||||||||
|
Multifamily structures larger than 4-plexes
|
D
|
R2
|
D
|
D
|
R2
|
R1
|
D
|
R1
|
R1
|
|
Minor subdivisions
|
D
|
R2
|
D
|
D
|
R2
|
R1
|
D
|
R1
|
R1
|
|
Light industrial, warehousing, commercial
|
D
|
R2
|
D
|
D
|
R2
|
R2
|
D
|
R1
|
R1
|
|
Residential wood frame structures two stories or less on existing
lots
|
D
|
D
|
D
|
D
|
R2
|
R2
|
D
|
D
|
D
|
|
Notes:
| |
|---|---|
|
P
|
Development prohibited.
|
|
R1
|
Engineering geologic report and soils engineering report required.
Engineering geologic shall be prepared by a certified engineering
geologist, certified and licensed by the State of California. Soil
engineering report shall be prepared by a California licensed registered
civil engineer with appropriate knowledge and experience, or by a
California certified engineering geologist with appropriate geotechnical
knowledge and experience.
|
|
R2
|
Engineering Geologic Report Required. The report shall be prepared
by a California registered geologist with appropriate geotechnical
knowledge and experience.
|
|
D
|
Report requirement is left to the discretion of the Building
Official. SSZ Refers to the Alquist-Priolo Special Study Zone
|
|
PAF
|
Potentially active fault.
|
|
In lieu of making a determination, the Building Official and/or
City Engineer, after consultation with the City Planner, may choose
to accept a statement as described in paragraph 4, Report Waiver,
of this subsection.
|
a.
Criteria for Requiring a Report. Considerations in determining whether
a report is required shall include:
i.
A site visit;
ii.
A review of geologic maps and report covering the area;
iii.
An evaluation of the potential of the development to adversely
affect adjacent property or improvements;
iv.
Consideration of the degree of public exposure to the risk;
v.
A consideration of the size and scale of the proposed development;
vi.
The proposed project is not exempt from reporting requirements in
compliance with paragraph 5, Projects Exempt From Reporting Requirements,
of this subsection.
b.
Soils Engineering Report. A soils engineering report is indicated
when one or more of the following conditions exist or are proposed:
i.
Depth (or height) of cut or fill is three feet or greater;
ii.
Fill is used to support structural footings;
iii.
Engineered cut or fill is required;
iv.
Soils are or may be subject to significant shrink-swell; or
v.
The project area is underlain by material that may be subject to
settlement or subsidence.
c.
Engineering Geology Report. An engineering geology report is indicated
when one or more of the following conditions exist or are proposed:
i.
Finish cut or fill faces with vertical heights in excess of 10 feet;
ii.
On-site natural slopes steeper than five horizontal to one vertical;
iii.
Existing cut slopes having a vertical height in excess of 10
feet;
iv.
Existing stream banks in excess of 10 feet;
v.
Significant existing or suspected seismic hazards;
vi.
Areas that are underlain by landslides or soil creep or by rock material
susceptible to landslide or soil creep activity;
vii.
Areas that are underlain by materials that may be subject to
settlement or subsidence; or
viii.
Areas subject to drifting or loose sand.
4.
Report
Waiver. The R1 and R2 report requirements listed in the notes to Table
1 of this subsection may be waived or the contents modified by the
Building Official and/or City Engineer when:
a.
An adequate geologic and/or soil assessment at a useable scale already
exist for similar project measures on the site proposed for development.
b.
Reports are not indicated under the criteria listed in paragraph
3, "D" Discretionary Report Requirements, of this subsection.
c.
A geologist or engineer, according to the type of report required
in compliance with paragraph 3, "D" Discretionary Report Requirements,
of this subsection, submits a statement that a report is not necessary
with supporting reasons and any appropriate recommendations.
5.
Projects
Exempt From Reporting Requirements.
a.
Alterations, additions, or repairs to an existing structure; provided,
the aggregate value of the work does not exceed 50% of the replacement
cost of the existing structure and does not adversely affect the structural
integrity of the existing structure.
b.
Values shall be determined as "replacement in kind" as defined in
the California Building Code. No change shall be allowed in use, character,
or occupancy, which results in the conversion of a structure from
one not intended for human occupancy to one which is so intended,
unless the structure complies with the provisions of the Alquist-Priolo
Earthquake Fault Zoning Act.
6.
Report
Contents.
a.
Engineering Geologic Report.
i.
The above required engineering geologic reports, "R1" and "R2," shall
provide a geotechnical reconnaissance and evaluation of the project
site and surrounding terrain. The degree of analysis should be appropriate
to the degree of potential risk presented by the site and the magnitude
of the proposed project.
ii.
Reports shall be prepared in compliance with the California Geological
Survey (CGS) Note #44, "Recommended Guidelines for Preparing Engineering
Geology Reports." CGS Notes #37, #43 and #49 shall be utilized as
applicable when seismic or fault rupture hazards are identified as
concerns.
iii.
In citing the Notes, it is not the intent of the City to seek
lengthy dissertations on the area geology, but rather to provide uniform
guidelines to serve as checklists with points to be discussed as applicable.
b.
Soils Engineering Report.
i.
The above required soils engineering report shall describe the nature
and/or layout of the proposed development. The report shall include
the locations and logs of test borings and percolation test results,
if on-site sewage disposal is proposed.
ii.
The report shall delineate areas or issues of concern which require
additional engineering or geologic evaluation. These reports shall,
as a minimum, be prepared in compliance with the California Building
Code Appendix Chapter 33, as applicable.
c.
Consultation. Should it become apparent that an adequate development
or subdivision design and/or building structural solution requires
additional geologic input, it is incumbent upon the project engineer
to consult a registered geologist. It is incumbent upon the project
geologist to recommend that a soils engineering report shall be prepared
when it becomes apparent that soils mechanics analyses are needed.
d.
Qualification of Preparers. The engineering geologic report shall
be prepared by a State-licensed certified engineering geologist. The
soils engineering report shall be prepared by a State-licensed registered
civil engineer having geotechnical knowledge and experience or by
a State-licensed certified engineering geologist having geotechnical
knowledge and experience.
7.
Development
Standards.
a.
Avoid Significant Geologic Hazards. The applicant shall either provide
additional information as recommended by the geologic and/or soils
report, or modify the proposed development to avoid identified areas
of significant geologic hazard. The proposed project shall be sited,
designed, and constructed in compliance with the recommendations of
the report(s) in order to minimize risk to life and property on the
project site and for any other affected properties.
b.
California Building Code. Each project shall be constructed in compliance
with California Building Code (CBC) earthquake regulations, as a minimum.
As referred to in the CBC, the seismic zone boundaries shall be defined
as follows: Seismic Zone 4 applies south and west of the Grogan Fault.
The Grogan Fault is located approximately 15 miles north of the City
of Blue Lake.
D.
Compliance
with CEQA. All grading activities shall comply with the California
Environmental Quality Act (CEQA).
E.
Other
Permits May Be Required. Nothing in this chapter shall eliminate the
need for development activities involving grading to also obtain any
other planning or construction permits, subdivision approval, or permits
or authorizations required City ordinances, or required by County,
State, or Federal agencies.
F.
Issuance
of Other City Permits. Each City department, official and employee
that is vested with the duty or responsibility to issue permits or
licenses shall comply with the provisions of this chapter and shall
issue no permit or license for a use, structure or purpose where they
would conflict with the provisions of this chapter, or for a site
where a violation of this chapter exists.
G.
Submittal
Requirements. An application for a grading permit shall include a
completed City application form and the following materials:
1.
A
site map, report, and grading plan. The site map and plans shall be
a minimum paper size of 11 by 17 inches. The plans shall be drawn
to scale upon substantial paper and shall be of sufficient clarity
to indicate the nature and extent of the work proposed and show in
detail that they will conform to the provisions of this code and all
relevant laws, ordinances, rules, and regulations.
2.
An
erosion and sediment control plan, except that a short form may be
submitted if all of the following conditions are met:
3.
A
revegetation plan if vegetation removal exceeds 1,000 square feet
in area.
4.
A
transportation plan identifying the proposed haul route, type of hauling
equipment, estimated hauling timeline and number of vehicle trips,
and proposed traffic control measures. Contact information for a responsible
party (e.g., contractor or property owner) shall also be provided.
A.
Application
Requirements. An application for a grading permit shall include a
completed City application form, the information required by the Building
Department, and the required filing fee. The application shall be
filed with the Building Official.
B.
Application
Review and Approval. Upon receipt of a complete application, the application
shall be reviewed by the Building Official. In considering an application,
the Building Official shall refer the application materials to the
City Planner, Public Works Department, City Engineer and to other
applicable agencies for review and recommendations. The final determination
as to the adequacy of the application materials and compliance of
the proposed grading with the requirements of this chapter shall be
by the Building Official with the consent of the City Engineer and
City Planner.
C.
Fees.
The City Council shall, by resolution or ordinance, establish fees
for these permits and appeals. The City shall recover all costs incurred
with administering this chapter.
D.
Approval
Criteria. Grading permit and/or erosion and sediment control plan
approval shall require that the Building Official first determine
that the project is in substantial compliance with the provisions
of this chapter, Planning Department recommendations on revegetation
plans, and any other applicable provisions of City law, policy, and
environmental review.
E.
Terms
and Conditions of Grading Permits. In approving an application, the
Building Official or City Engineer may require any revisions or conditions
as are necessary to achieve compliance with the requirements of this
chapter. The following terms and conditions shall be attached to all
grading permits.
1.
All
soil erosion and sediment control measures shall be implemented in
strict compliance with this chapter and in compliance with the approved
erosion and sediment control plans.
2.
All
erosion and sediment control measures shall be adequately maintained
by the permittee for a period of three years or until the site is
stabilized as determined by the City.
3.
If
the City determines that the work does not comply with the provisions
of the approved erosion and sediment control plan or with the provisions
of this chapter, the Building Official may issue a stop work order
stopping all work until such time as compliance is ensured.
4.
The
costs of any remedial work determined by the Building Official or
City Engineer to be necessary to protect completed work or to prevent
damage shall be the responsibility of the permittee.
F.
Appeals.
The City of Blue Lake Building Code Board of Appeals shall hear and
decide appeals when it is alleged there is an error in any requirement,
decision, or determination made by the Building Official in the enforcement
or administration of this chapter. The findings and decision of the
Building Code Board of Appeals on all appeals shall be final and conclusive
in the matter.
1.
Appeals
will be considered only after payment of processing fees as specified
in the City's Fee Resolution No. 969, as amended or replaced from
time to time.
2.
The
appellant is required to submit, as part of the appeal application,
supporting information prepared by a registered or licensed professional,
as specified herein, substantiating that their alternative interpretation
to any requirement, decision or determination by the Building Official
is consistent with the administration of this chapter and other applicable
regulations.
All grading, other land-disturbing activities, grading plans,
revegetation plans, and erosion and sediment control plans shall comply
with the standards in this section.
A.
General
Standards. All grading or other land-disturbing activities and erosion
and sediment control plans shall comply with the following general
principles.
1.
The
design, scope, and location of the proposed grading shall be compatible
with adjacent areas and should result in minimal disturbance of the
terrain and natural land features.
2.
The
grading shall preserve, match, or blend with the natural contours
and undulations of the land.
3.
Whenever
practicable, trees and native vegetation should be retained to stabilize
hillsides, retain moisture, reduce erosion, siltation and nutrient
run-off, and to preserve the natural scenic beauty of the area.
4.
Scars
from cuts and fills should be minimized; the amount of cuts and fills
should be reduced and sharp angles at the top and sides of all necessary
cut and fill slopes shall be rounded off, and/or a retaining wall
acceptable to the City shall be constructed. Where a cut or fill slope
occurs between two lots, the slope should normally be made a part
of the downhill lot.
5.
Geologic
hazards and adverse soil conditions shall be mitigated.
6.
All
cleared slopes in cuts and fills and other areas vulnerable to erosion
shall be stabilized.
7.
Construction,
clearing of vegetation, or disturbance of the soil shall be limited
to areas of proven stability.
8.
Sediment
or other material deposited off the site shall not exceed that which
would have been deposited if the land had been left in its natural
state.
9.
The
natural geologic erosion of hillsides, slopes, graded areas, cleared
areas, filled areas, or stream banks should not be exceeded.
10.
New or modified erosion and sediment control techniques may be used
provided there is mutual agreement between the City and permittee
that the technique meets the intent of the erosion and sediment control
plan and this chapter.
11.
The Building Official with the consent of the City Engineer and City
Planner may waive any of the standards in this section that may conflict
with the goals of environmental restoration activities.
B.
Sediment
Control Standards.
1.
Sediment
being transported by runoff generated from the site shall be retained
on-site through the use of sediment basins, silt traps, or similar
measures.
2.
All
subsurface flows and surface runoff shall be contained and dispersed
at non-erosive velocities into the common natural watercourse of the
drainage area.
3.
In
order to prevent polluting discharges from occurring, approved erosion
and sediment control devices shall be required for all grading and
filling. Control devices and measures which may be required include,
but are not limited to, the following:
4.
Temporary
seeding and mulching or other City-approved method shall be required
for denuded areas prior to October 15th.
6.
All
existing or newly-installed storm drainage structures shall be protected
from sediment clogging by providing inlet protection and maintenance
for any drains.
7.
A
vegetative barrier shall be retained around property boundaries.
C.
Standards
for Revegetation.
1.
A
permanent vegetation cover shall be established on denuded areas not
otherwise stabilized.
2.
Permanent
vegetation shall not be considered established until a ground cover
is achieved which is mature enough to control soil erosion satisfactorily
and to survive severe weather conditions.
3.
The
type of plants used shall: be self-sustaining, require little or no
maintenance, and not increase the fire hazard.
4.
Native
plant species are encouraged.
D.
Slope
Construction Standards.
1.
Slopes,
both cut and fill, shall not be steeper than two run to one rise (2:1),
unless a thorough geological and engineering analysis indicates that
steeper slopes are safe and erosion and sediment control measures
are specified.
2.
Long
or steep slopes should be terraced at regular intervals to slow runoff
and provide a place for sediment to settle out.
E.
Standards
for Protection of Watercourses and Drainage Inlets.
1.
Fills
shall not encroach on natural watercourse or constructed channels.
2.
Trenches
and pits shall be promptly backfilled and compacted to reduce the
risk of erosion and sediment.
3.
Stockpiled
soil shall be located sufficient distance from streams or drainageways
so that surface runoff cannot carry sediment downstream.
4.
Stockpiled
soil shall be covered, and located so that if any erosion occurs,
it would not migrate offsite. Mulch or other protective coverings
shall be applied on stockpiled material or bare soils with an area
larger than 200 square feet which will be exposed through the winter
season.
5.
Excavated
material not used at the site shall be disposed of at a location approved
by the City.
Upon completion of the rough grading work and at the final completion
of the work, the Building Official and/or City Engineer may require
the following reports:
A.
An
as-graded plan prepared by the civil engineer including a certification
that the work was done in accordance with the final approved grading
plan.
B.
A soil
grading report prepared by the soil engineering geologist including
a certification as to the adequacy of the site for the intended use
and as affected by geologic features.
