A. 
The purpose of this chapter is to safeguard life, limb, property and public welfare by establishing minimum requirements for regulating grading, including development in and around watercourses and procedures by which these requirements may be enforced; to provide the necessary guidelines for which the engineer and developer in order to encourage the use of contour and/or variable slope grading in an effort to maintain, in general, the existing mass shape and character of the hillside areas; and to promote esthetic considerations in the hillside grading design and construction.
B. 
In order to obtain these objectives, the engineer and developer will be required to make every practical attempt to:
1. 
Preserve natural topographic features and appearances by means of contour grading so as to blend any manmade or manufactured slope into the natural topography;
2. 
Avoid abrupt changes in grade;
3. 
Utilize building designs, such as split-level houses, to minimize slope height in steep terrain;
4. 
Utilize street designs and improvements which serve to minimize grading alterations and harmonize with the natural contours and character of the land;
5. 
Round the tops and bottoms of cut and fill slopes;
6. 
Use variable slopes, particularly in front yard areas.
(Prior code § 16A-2)
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
"Advisory agency"
means the duly authorized commission established by Section 17.04.040.
"Approval"
means a written geological opinion concerning the progress and completion of the work.
"Bedrock"
means the solid, undisturbed rock in place either at the ground surface or beneath superficial deposits of gravel, sand or soil.
"Bench"
means a relatively level step excavated into earth material on which fill is to be placed.
"Borrow"
means sail, rock or other material acquired from an off-site location for use in the planned grading.
"Certify" or "certification"
means that the specific inspections and tests where required have been performed and that such tests comply with the applicable requirements of this chapter.
"City Official"
means the City Manager or his or her authorized representative.
"City engineering"
means the application of the knowledge of the forces of nature, the principles of mechanics and the properties of materials to the evaluation, design, and construction of civil works for the beneficial uses of mankind.
"Civil engineer"
means a professional engineer in the branch of civil engineering holding a valid certificate of registration issued by the state. In addition, the engineer shall be covered by errors and omissions insurance.
"Clearing, brushing and grubbing"
means the removal of vegetation (grass, brush, trees, and similar plant types) by mechanical means.
"Compaction"
means densification of a "soil" by mechanical manipulation or other approved means.
"Contour grading"
means the incorporation of flatter and/or variable slopes to provide for grade changes in grading construction for hillside areas, greater than that required by soils, geological considerations or both, and the limiting of elevation differentials in order to minimize massive changes to the existing topography.
"Engineering geologist"
means a geologist duly qualified by the State Engineering Geologist Qualifications Board to make investigations and prepare engineering geology reports required by this Code. Where "geologist" is used in this chapter it shall mean "engineering geologist." In addition, the geologist should be covered by errors and omissions insurance, the amount of which shall be to the satisfaction of the City Engineer.
"Erosion"
means the process by which the ground surface is worn away by the action of water, wind or natural forces.
"Excavation"
means the condition resulting from the mechanical removal of mechanical displacement of soil, rock, or waste material.
"Existing grade"
means the grade prior to grading.
"Finish grade"
means the final grade of the site which conforms to the approved plan.
"Grade"
means the vertical location of the ground surface.
"Grading"
means any excavating or filling or combination thereof.
"Grading contractor"
means a contractor, licensed and regulated by the state, who specializes in grading work or is otherwise licensed to do grading work.
"Key"
means a designed compacted fill placed in a trench excavated in earth material beneath the proposed fill slope.
"Landslide"
means the downward and outward movement of soil, rock or fill or a combination thereof.
"Massive landslide"
means a landslide too large to be stabilized by retaining methods or normal control methods.
"Permit"
means any permit issued by the City Engineer pursuant to this Code, together with the application for the same, the conditions upon which it was issued, together with any plans, specifications, reports and approved modifications pertaining thereto.
"Permittee"
means the owner or his or her authorized agent to whom a grading permit is issued.
"Rough grade"
means the stage at which the grade approximately conforms to an approved plan.
"Seismic-geologic element"
means pursuant to Section 65302(g) of the Government Code, the City has an adopted "seismic-geologic element" as a part of its general plan.
"Site"
means any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.
"Slope"
means the exposed surface of a fill, excavation or natural terrain that forms a natural or artificial incline expressed as a ratio of horizontal distance to vertical distance.
"Soil"
means all earth material of whatever origin that overlies bedrock.
"Soils engineer"
means the civil engineer experienced in soil mechanics who specializes in the practice of soils and foundation engineering.
"Stormwater permits"
means any permits issued by a local, state or Federal regulatory agency regulating flow over and from any project subject to this chapter, including, but not limited to the NPDES permit and state general permits as those terms are defined in Yorba Linda Municipal Code Section 16.04.020.
"Terrace"
means a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.
"Water quality requirements"
means the water quality requirements relevant to the activities that are regulated in this chapter as found in Yorba Linda Municipal Code Chapter 16.04, the DAMP, the water quality manual, the NPDES permit and the state general permits as those terms are defined in Yorba Linda Municipal Code Section 16.04.020.
(Prior code § 16A-1; Ord. 90-652 § 1, 1990; Ord. 2003-867, § 1, 2003)
This chapter sets forth rules and regulations to control excavation, grading and earthwork construction, including fills or embankments; establishing the administrative procedure for issuance of permit; and provides for approval of plans and inspection of grading construction.
(Prior code § 16A-3)
A. 
Whenever the City Official determines that any existing excavation of fill on private property is a menace to life or limb, endangers property or affects the safety, usability or stability of a public way or violates the water quality requirements, he or she shall give the owner of the property upon which excavation or fill is located, or person or agent in control of such property, or the permittee under any permit issues pursuant to this Code, notice of such determination.
B. 
The notice shall set forth the time and place of a hearing that shall be had before the City Official at which time and place evidence would be submitted as to whether such determination is correct and what repairs, improvements or other corrective actions are necessary in the case.
C. 
The notice shall further state that the owner of such property or other person or agent in control of such property, or his or her representative, may be present at the hearing and introduce such evidence on the issues as he or she desires.
D. 
The notice shall further state that the City Official shall determine what condition exists and what corrective action, if any, including the submission of any plans, soils or geological reports and recommendations or other engineering data, is necessary and shall order such action as is found necessary.
E. 
This determination and order shall become final within forty-eight hours, excluding holidays, Saturdays and Sundays, unless within that time the owner appeals the final determination of the City Official to the City Council by filing a written appeal with the City Official.
F. 
In the event that an appeal is filed, the City Council shall hold a hearing and thereupon make such determination and order of the City Official as the City Council may deem proper.
G. 
The notice may further state that the recipient shall, within such reasonable time as the notice may specify following the finality of the determination and order of the City Official (or if appealed, of the City Council), commence the corrective action necessary, and such action shall be completed within such time as stipulated by the notice. If necessary, the notice shall require any building or structure or portion thereof endangered by such excavation or fill to be vacated forthwith in the interest of immediate public safety pending the finality of any determination and order.
(Prior code § 16A-4; Ord. 2003-867, § 1, 2003)
Before accepting a set of plans and specifications for checking, the plan-checking fee shall be paid. The plan-checking fee shall be based on charges to be determined by resolution of the City Council revised periodically to defray the cost of plan checking.
(Prior code § 16A-5)
A. 
Maximum Height. In accordance with the requirements of contour grading as established in Section 15.40.010, the maximum cut slope shall be limited to a vertical height of ten feet.
B. 
Maximum Slope. Cuts shall not be steeper in slope than two horizontal to one vertical unless the owner furnishes a soils engineering or engineering geology report certifying that the site has been investigated and indicated that the proposed deviation will not endanger any private property, result in the deposition of debris on any public way, or interfere with any existing drainage course and said deviation is approved by the advisory agency and/or the City Engineer.
1. 
The City Official may require the excavation to be made with a cut face flatter than two horizontal to one vertical if he or she finds it necessary for stability and safety;
2. 
Exception. The City Official may allow the face of an existing slope to remain steeper than two to one when, in his or her opinion, the slope will remain stable for its intended use.
C. 
Drainage Terraces. Where a deviation from the maximum cut height has been shown on the tentative subdivision map and approved by the advisory agency, cut slopes exceeding forty feet in vertical height shall be terraced at their approximate midheight. Drainage terraces are to be a minimum of six feet wide, paved as specified by subsection C of Section 15.40.090, and must carry water to a safe disposal area. Terraces shall be cut every thirty feet vertically, except that, where only one terrace is required, it shall be at midheight.
(Prior code § 16A-6)
A. 
Maximum Height. In accordance with the requirements of contour grading as established in Section 15.40.010, the maximum fill slope shall be limited to a vertical height of ten feet.
B. 
Maximum Slope. No compacted fill shall be made which creates an exposed surface steeper in slope than two horizontal to one vertical. The City Official may require that the fill be constructed with an exposed surface flatter than two horizontal to one vertical if he or she finds this necessary for stability and safety.
C. 
Compaction. All fills shall be compacted to a minimum of ninety percent of maximum density as determined by U.B.C. Standard No. 70-1. Field density shall be determined by U.B.C. Standard No. 70-2 or equivalent as approved by the City Official.
D. 
Fill Location. Fill slopes shall not be constructed on natural slopes steeper than two to one or where the fill slope toes out within twelve feet horizontally of the top of existing or planned City slopes.
E. 
Preparation of Ground. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil, and other unsuitable materials, scarifying to provide a bond with the new fill, and, where slopes are steeper than five to one and the height is greater than five feet, by benching into sound bedrock or other competent materials as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than five to one shall be at least ten feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided.
1. 
Where fill is to be placed over a cut, the bench under the toe of fill shall be at least ten feet wide but the cut must be made before placing fill and approved by the soils engineer and engineering geologist as a suitable foundation for fill. Unsuitable soil is soil which, in the opinion of the City Official, the civil engineer, the soils engineer or the geologist, is not competent to support other soil or fill, to support structures or to satisfactorily perform the other functions for which the soils is intended.
F. 
Fill Material. Detrimental amounts of organic material shall not be permitted on fills. Except as permitted by the City Official, no rock or similar irreducible material with a maximum dimension greater than eight inches shall be buried or placed in fills.
1. 
Exceptions. The City Official may permit placement of larger rock when the soils engineer properly devises a method of placement, continuously inspects its placement, and approves the fill stability. The following conditions shall also apply:
a. 
Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan;
b. 
Rock sizes greater than eight inches in maximum dimension shall be ten feet or more below finished grade, measured vertically;
c. 
Rocks greater than eight inches shall be placed so as to be completely surrounded by fine grained soils; no nesting of rocks will be permitted.
G. 
Drainage Terraces. Where a deviation from a maximum fill height has been shown on the tentative subdivision map and approved by the advisory agency, all fill slopes in excess of thirty feet vertical height shall have drainage terraces paved as specified by subsection D of Section 15.40.090 at vertical intervals not exceeding thirty feet; except where only one terrace is required it shall be at midheight. Such terraces shall drain into a paved gutter or other watercourse adequate to convey the water to a safe disposal area. The terrace shall be at least six feet wide.
H. 
Slopes to Receive Fill. Fills toeing out on natural slopes which are steeper than two horizontal to one vertical will not be permitted unless stability is substantiated by soils engineering and geological data and approved by the City Official.
I. 
Utility Line Backfills. All backfill in utility line trenches, both inside and outside the buildings, is required to be compacted to the satisfaction of the site soils engineer who shall verify to the City Official that the backfilling has been accomplished in accordance with the soils engineer's recommendations.
1. 
Exception. On single lot projects the City Official may waive treated compaction and allow the use of selected material which is relatively self-compacting. This material and the method of placement must be approved prior to backfilling.
(Prior code § 16A-7)
A. 
Cuts and fills shall be set back from property lines and buildings shall be set back from cut or fill slopes in accordance with Figure 15.40.080. Retaining walls may be used to reduce the required setback when approved by the City Official.
B. 
Fill placed on or above the top of an existing or proposed cut or natural slope steeper than three horizontal to one vertical shall be set back from the edge of the slope a minimum distance of five feet unless stability is substantiated by soils engineering, geological data or both.
C. 
No building shall be constructed on cut or fill slopes steeper than two horizontal to one vertical unless the foundation design is based on soils engineering data.
D. 
The setbacks given in this section are minimum and may be increased by the City Official if considered necessary for safety or stability or to prevent possible damage from water, soil or debris.
(Prior code § 16A-8)
A. 
Disposal. All drainage facilities shall be designed to carry surface waters to the nearest practical street, storm drain or natural watercourse approved by the City Official or other appropriate governmental agency as a safe place to deposit such waters. At least two percent grade toward the approved disposal area will be required for building pads, except as waived by the City Official for nonhilly terrain.
B. 
Erosion Control—Slopes. The faces of cut and fill slopes shall be prepared and maintained to control against erosion. This control may consist of effective planting. The protection for the slopes shall be installed as soon as practicable and prior to calling for final approval. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be omitted by special approval of the City Official.
C. 
Other Devices. Where necessary, desilting basin, check dams, cribbing, riprap or other devices or methods as approved by the City Official shall be employed to control erosion and provide safety during the rainy season, from October 15th to April 15th.
D. 
Terrace Drains. All swales or ditches on drainage terraces shall have a minimum grade of six percent and must be paved. Drainage devices shall be paved with reinforced concrete with a minimum thickness of three inches or approved equal. They shall have a minimum depth at the deepest point of one and one-half feet and a minimum paved width of five feet, measured horizontally across the drain. Minimum reinforcement shall consist of 6 × 6/10 × 10 W.W. Mesh.
1. 
A single run of terrace drain shall not collect runoff from a tributary area exceeding thirteen thousand five hundred feet of projected horizontal area without discharging into a downdrain. The soils engineer may recommend variations in the specified tributary area due to unusual soil conditions.
2. 
If the drain discharges onto the natural ground, a velocity reducer, riprap or other energy dissipating device may be required.
(Prior code § 16A-9)
A. 
Completion of Slope Protection Devices. On completion of finish grading the construction of berms, interceptor ditches, drainage terraces, crib walls, retaining walls, downdrains or other slope protection devices shown on the approved grading plan shall be started immediately after the engineering geologist has inspected all cut slopes and certified them to be stable.
B. 
Slope Planting and Irrigation. On all slopes in excess of seven feet in height (measured vertically), the following is required:
1. 
Plant material should be installed so as to protect slopes from soil erosion and slippage, and to minimize the visual effects of grading, erosion, and construction on hillside areas;
2. 
Installation of permanent, full-coverage irrigation systems adequate to sustain existing and developed slope plantings and to protect against potential hazards due to fire;
3. 
The improvement plans for the plant material and irrigation system shall be submitted to the advisory agency for approval prior to start of construction on all new subdivision except when waived by advisory agency. These plans shall be prepared under the supervision of a landscape architect licensed by the state;
4. 
The landscape architect, upon completion of the work, shall be responsible for certifying to the City Official that all work was done in accordance with the approved plans. Said certification shall be made prior to issuance of any certificate of use or occupancy for the subdivision.
(Prior code § 16A-10)
All grading in excess of five thousand cubic yards shall be performed in accordance with plans prepared by a civil engineer and shall be designated "engineered grading." Grading not designed in accordance with this section shall be designated "regular grading." For grading involving fewer than five thousand cubic yards, the permittee, with the approval of the City Official, may have the grading performed as regular grading.
(Prior code § 16A-11(a))
A. 
The City Official shall inspect the work and require adequate inspection and compaction control by a soils engineer.
B. 
Periodic reports certifying the compaction or acceptability of all fills shall be required. These shall include, but need not be limited to, inspection of cleared areas and benches prepared to receive fill and removal of all soil and unsuitable materials, the placement and compaction of fill materials, the bearing capacity of the fill to support structures, and the inspection and review of the construction of retaining walls, subdrains, drainage devices, buttress fills and other similar measures.
C. 
The City Official may require sufficient inspection to assure that all geological conditions have been adequately considered. Where geologic conditions warrant, the City Official may require periodic geologic reports. These inspections may be required to include, but need not be limited to, cut slopes, canyons during clearing operations for groundwater and earth material conditions, benches prior to placement of fill, and possible spring locations.
(Prior code § 16A-11(b))
A. 
For engineered grading, it shall be the responsibility of the civil engineer who prepares the grading plans to incorporate all recommendations of the soils engineer and geologist into the plans. He shall also be responsible for the professional supervision and approval of the grading within his or her area of technical competence and for the submission of as-built grading plans.
B. 
This responsibility shall include, but need not be limited to inspection and approval as to the establishment of line, grade and drainage of the development area. The civil engineer shall act as the coordinating agent in the event the need arises for liaison between the other professionals, the contractor and the City Official.
C. 
Soils and geology reports shall also be required as specified in Sections 15.40.220 through 15.40.280. All necessary reports, compaction data, soils engineering and engineering geological recommendations shall be submitted to the City Official by the soils engineer and geologist.
D. 
The soils engineer's area of responsibility shall include, but need not be limited to, professional inspection and approval concerning the preparation of ground to receive fills, testing for required compaction, stability of all finish slopes and the design of buttress fills, where required, incorporating data supplied by the engineering geologist.
E. 
The engineering geologist's area of responsibility shall include, but need not be limited to, professional inspection and written approval of the adequacy of natural ground for receiving fills and the stability of cut slopes with respect to geological matters, and the need for subdrains or other groundwater drainage devices. He shall report his or her findings to the soils engineer and the civil engineer for engineering analysis.
F. 
The City Official shall inspect the project at the various stages of the work requiring approval and at frequent intervals as necessary to determine that adequate control is being exercised by the professional consultants.
(Prior code § 16A-11(c))
If, in the course of fulfilling his or her responsibility under this chapter, the design civil engineer, soils engineer or engineering geologist who is responsible for the professional supervision of the grading within his or her area of technical competence finds that the work is not being done in conformance with this chapter or the plans approved by the City Official, or in accordance with accepted practices, he or she shall immediately notify the person in charge of the grading work and the City Official in writing of the nonconformity and of the corrective measures to be taken.
(Prior code § 16A-11(d))
In the event the design civil engineer, soils engineer or engineering geologist who is responsible for the professional supervision of that portion of the grading which is within his or her area of technical competence is relieved of, or otherwise terminates, his or her duties prior to the completion of the work shown on the grading plans, he or she shall report the fact in writing to the City Official within forty-eight hours at the time of his or her termination. Persons assuming the duties of any of these consultants shall perform any investigations they deem necessary to approve that the entire work is in conformance with this chapter and the permit.
(Prior code § 16A-11(e))
A. 
Site Inspection by the City Official. Prior to the approval of any building or grading plans and specifications, the City Official may inspect the site to determine that the plans and specifications are accurate.
B. 
Inspections of Excavation and Fills. The permittee or his or her agent shall notify the City Official when the grading operation is ready for each of the following inspections:
1. 
Pregrading Inspection. When the permittee is ready to begin work, but not less than two days before any grading or brushing is started;
2. 
Toe Inspection. After the natural ground or bedrock is exposed and prepared to receive fill, but before fill is placed;
3. 
Excavation Inspection. After the excavation is started, but before the vertical height of the fill exceeds five feet;
4. 
Fill Inspection. After the fill placement is started, but before the vertical height of the fill exceeds five feet;
5. 
Drainage Device Inspection. After forming of terrace drains, downdrains, or after placement of pipe in subdrains, but before any concrete filter material is placed;
6. 
Rough Grading Inspection. When all rough grading has been completed, this inspection may be called for at the completion of rough grading without the necessity of the City Official having previously reviewed and approved the reports;
7. 
Final Inspection. When all work, including installation of all drainage structures and other protective devices, has been completed and the as-graded plan, professional written approval, and the required reports have been submitted.
(Prior code § 16A-11(f))
A. 
If the inspector finds the soil or other conditions not as stated in the application for a grading permit, he or she may refuse to approve further work until approval is obtained for a revised grading plan which will conform to the existing conditions.
B. 
The City Official shall conduct such other inspections as he or she deems necessary. Whenever the City Official determines that the work does not comply with the terms of the permit or this Code, or that the soil or other conditions are not as stated on the permit, he or she may order the immediate cessation of all work thereunder, and such work shall cease until such corrections have been complied with. This provision is notwithstanding and prevails over the procedure set forth in Section 15.40.040.
C. 
Prior to the issuance of building permits for a graded site the rough grading shall be completed to the satisfaction of the responsible engineers and the City Official. Notice in writing to this effect shall be submitted to the City Official.
(Prior code § 16A-11(g))
A. 
Notwithstanding the provisions of Section 15.40.040, if at any stage of the work the City Official determines by inspection that further grading as authorized by the grading permit is likely to endanger any private property or result in the deposition of debris on any public way or interfere with any existing drainage course, the City Official may require, as a condition to allowing the work to be continued, that such reasonable safety precautions be taken as he or she considers advisable to avoid such likelihood of danger.
B. 
Notice to comply shall be submitted to the permittee in writing. After a notice to comply is written, a period of ten days shall be allowed for the contractor to make the corrections, unless imminent hazard exists, in which case the corrective work shall begin immediately.
C. 
The period between October 15th and April 15th is hereby determined to be period in which heavy rainfall normally can occur in the City. During this period no grading work in excess of two hundred cubic yards of excavation or fill will be authorized on any single grading site under permit when the City Official determines that such work will endanger the public health or safety. Grading permits may be approved by the City for work during the rainy season if grading plans include emergency devices for controlling stormwaters and preventing damaging erosion, such plans to be signed by the design civil engineer.
D. 
Previously authorized grading work which extends into the rainy season shall be protected by incorporating temporary storm drainage and erosion-control devices. Plans for such temporary erosion-control devices shall be submitted by the permittee and approved by the City Official not later than October 15th of the coming rainy season.
(Prior code § 16A-12)
A. 
All modifications of the approved grading plans must be approved by the City Official. All necessary soils and geological reports shall be submitted with the plans.
B. 
No grading work in connection with the proposed modifications will be permitted without the approval of the City Official.
C. 
Modifications which affect basic tract design or land use must have the approval of the appropriate agency.
(Prior code § 16A-13)
A. 
Reports. Upon the completion of the rough grading or the final grading, the City Official may require the following reports:
1. 
Design civil engineer's reports, which shall certify that all grading in his or her purview, lot drainage and drainage facilities have been completed in conformance with the approved plans and this chapter, and shall furnish an as-built grading plan of the completed work;
2. 
Soils engineer's reports, which shall include but not be limited to, recommended soil bearing capacity where required, summaries of field and laboratory tests and certification that the work was done in accordance with the approved plans and the recommendations of the soils engineer. The soils engineer shall advise the design civil engineer of the variations in the limits of the compacted fill so they may be incorporated in the as-built plan, or, in the absence of a design civil engineer, the soils engineer shall indicate these limits in his or her final report;
3. 
Engineering geologist's reports, which shall be based on the as-built grading plan and shall include specific approval of the grading as affected by geological factors. Where necessary, a revised geologic map and cross-sections, and any recommendations regarding building restrictions or foundation setbacks, shall be included;
4. 
Such interim or supplementary reports as deemed necessary.
B. 
Notification of Completion. The permittee or his or her agent shall notify the City Official when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage structures and their protective devices, has been completed and the final grading plan and required reports have been submitted.
(Prior code § 16A-14)
A. 
The provisions of this chapter are not intended to prevent the use of any material or method of construction not specifically prescribed by this chapter, provided any such alternate has been approved pursuant to this section.
B. 
The City Official may approve any such alternate provided he or she finds that the proposed design is satisfactory and complies with the provisions of this chapter, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this chapter in quality, strength, effectiveness and safety.
C. 
The City Official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use.
D. 
Whenever there is insufficient evidence of compliance with the provisions of this chapter or evidence that any material or any construction does not conform to the requirements of this chapter, or in order to substantiate claims for alternate material or methods of construction, the City Official may require tests as proof of compliance to be made at the expense of the owner or his or her agent by an approved agency.
E. 
Test methods shall be specified by this chapter for the material in question. If there are not appropriate test methods specified in this chapter, the City Official shall approve the test procedure. Copies of the results of all such tests shall be retained for a period of not less than two years after the acceptance of the grading.
(Prior code § 16A-15)
Except as exempted in Section 15.40.290, no person shall do any grading without first obtaining a grading permit from the City Official. A separate permit may be required for each site and may cover both excavations and fills as determined by the City Official.
(Prior code § 16A-16(a))
Every such application shall contain the following information:
A. 
The purpose of the work, and a statement as to whether the purpose of the excavation is to prepare the site for subdivision.
B. 
The amount of material proposed to be excavated and the amount of fill in cubic yards.
C. 
The legal description of the property on which the work is to be performed.
D. 
The street address or location of the point of access to the property where the work is to be performed.
E. 
The name, address and phone number of the owner of the property on which the work is to be performed.
F. 
The name, address and phone number of the person to have effective control of and be responsible for the work.
G. 
Any location within the City where the applicant intends to dispose of any excess material where a separate permit is taken out for the placing of such materials.
H. 
The estimated dates for starting and completing the work to be done.
I. 
Such further applicable information as the City Official may require in order to carry out the purpose of this chapter, including information sufficient to demonstrate compliance with the water quality requirements.
(Prior code § 16A-16(c); Ord. 2003-867, § 1, 2003)
A. 
With each application for a grading permit, and when required by the City Official for the enforcement of any provisions of this chapter, two sets of plans and specifications shall be submitted. Except as waived by the City Official for minor and nonhazardous work, the plans shall be prepared and signed by a civil engineer licensed by the state and shall show the following:
1. 
A vicinity sketch or other data adequately indicating the site location;
2. 
The property lines of the property on which the work is to be performed;
3. 
The location of any buildings or structures on the property where the work is to be performed and the location of any building or structure on land of adjacent property owners which are within fifteen feet of the property being graded;
4. 
Accurate contours showing the topography of the existing ground;
5. 
Elevations, dimensions, location, extent and slopes of all proposed grading by contours or other means;
6. 
A certification of the quantity of excavation and fill involved and estimated starting and completion dates;
7. 
Detailed plans for all drainage devices, walls, cribbing, dams or other protective devices to be constructed with a map showing the drainage area and the estimated runoff of the area served by any drains;
8. 
Any additional plans, drawings or calculations required by the City Official, including information sufficient to demonstrate compliance with the water quality requirements.
(Prior code § 16A-(d); Ord. 2003-867, § 1, 2003)
A. 
Prior to the issuance of a grading permit, the City Official may require an engineering geological investigation, based on the most recent grading plan. The engineering geological report shall include an adequate description of the geology of the site and conclusions and recommendations regarding the effect of geologic conditions on the proposed development.
B. 
All reports shall be subject to approval by the City Official, and supplemental reports and data may be required as he or she may deem necessary. Recommendation included in the report and approved by the City Official shall be incorporated in the grading plan.
(Prior code § 16A-16(e))
A. 
The City Official may require a soils engineering investigation, based on the most recent grading plan. Such reports shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures, and design criteria for corrective measures.
B. 
Recommendations included in the report and approved by the City Official shall be incorporated in the grading plan or specification.
(Prior code § 16A-16(f))
If the City Official determines that there is a need to verify or question the conclusions contained in any soils and/or geologic report, a qualified consultant may be retained by the City at the City's expense for the purpose of evaluating such report. In the event of a discrepancy in the findings of the City's consultant and the abovementioned soils/geologic report, the two firms will meet with the City Official to resolve the differences and the decision of the city official shall prevail.
(Prior code § 16A-16(g))
A. 
No person shall do any grading without first having obtained a grading permit from the City. The City Official may, at his or her option, exempt the following:
1. 
An excavation which does not exceed fifty cubic yards on any one lot and which is less than two feet in depth, or which does not create a cut slope greater than five feet in height and steeper than two horizontal to one vertical;
2. 
A fill less than one foot in depth, and placed on natural terrain with a slope flatter than five horizontal to one vertical, or less than three feet in depth, not intended to support structures, which does not exceed fifty cubic yards on any one lot and does not obstruct a drainage course;
3. 
An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation, nor exempt any excavation having an unsupported depth greater than five feet after the completion of such structure;
4. 
Cemetery graves, swimming pools, refuse disposal sites controlled by other regulations, excavations for wells, or tunnels for utilities;
5. 
Grading in a self-contained area if the City Official finds that no danger to private or public property can now or thereafter result from the grading operations;
6. 
Earthwork construction regulated by the Federal, state, county or City government or by any local agency as defined by Government Code Sections 53090 to 53095. This exemption, however, shall only apply when the earthwork construction takes place on the property or dedicated rights-of-way of the above agencies;
7. 
Grading in conjunction with work performed pursuant to the provisions of Chapter 15.36, unless the City Official determines it is necessary to obtain a grading permit to assure proper construction of a building or other structure, or where it is necessary for the protection of adjacent properties not devoted to oil drilling or production;
8. 
Exploratory excavations under the direction of soil engineers or engineering geologists.
B. 
No person shall construct, reconstruct, alter, repair or install any structure in any natural watercourse without a permit therefor from the City.
C. 
No person, as defined by Section 417 of the Uniform Building Code, shall maintain, permit to be maintained or cause to exist a grading code violation on his or her property, which violation has been created since the inception of the ordinance codified in this chapter which became effective September 15, 1976. If a violation has occurred, the property owner may be subject to payment in an amount equal to two times the regular fees.
(Prior code § 16A-17)
The issuance of a grading permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit, or on the site plans and specifications approved by the City Official.
(Prior code § 16A-18(a))
A. 
The permittee shall fully perform and complete all of the work required to be done pursuant to the grading permit within the time limit specified. If no time limit is specified, the permittee shall complete the work within one hundred eighty days after the date of the issuance of the grading permit.
B. 
If the permittee is unable to complete the work within the specified time, he or she shall, prior to the expiration of the permit, present in writing to the City Official a request for an extension of time, setting forth the reasons for the requested extension. If, in the opinion of the City Official, such an extension is warranted, he or she may grant additional time for the completion of the work.
(Prior code § 16A-18(c))
All persons performing any grading operations shall put into effect all safety precautions which are necessary in the opinion of the City Official. Such persons shall remove all loose dirt from the grading site and provide adequate antierosion or drainage devices, debris basins or other safety devices to protect the life, limb, health and welfare of private and public property from damage of any kind.
(Prior code § 16A-18(d))
A. 
In granting any permit under this chapter, the City Official may attach such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property.
B. 
Such conditions may include, but shall not be limited to:
1. 
The improvement of any existing grading to bring it up to the standards of this chapter;
2. 
Requirements for the fencing of excavations or fills which would otherwise not be hazardous.
3. 
Requirements to comply with the water quality requirements, including the use of best management practices ("BMPs").
(Prior code § 16A-18(e); Ord. 2003-867, § 1, 2003)
Neither the issuance of a permit under the provisions of this chapter, nor the compliance with the provisions hereof or with any conditions imposed in the permit issued hereunder, shall relieve any person from responsibility for damage to other persons or property, nor impose any liability upon the City for damage to other persons or property.
(Prior code § 16A-18(f))
Where an excess of five thousand cubic yards of earth per site project is moved on public roadways from the site of an earth grading operation, the following requirements shall apply:
A. 
Either water or dust palliative or both must be applied for the alleviation or prevention of excessive dust resulting from the loading or transporting of surplus earth from the project site on public roadways.
B. 
Loading and transportation of surplus earth from the site or operation of equipment must be accomplished between seven a.m. and six p.m., Monday through Saturday.
C. 
Access roads to the premises shall be only at points designated on the grading plan as approved.
D. 
The last fifty feet of the access road, as it approaches the intersection with the public roadway, shall have a grade not to exceed three percent. There must be a three hundred foot, clear, unobstructed sight distance to the intersection from both the public roadway and the access road. If the three hundred foot sight distance cannot be obtained, flagmen shall be posted.
E. 
A stop sign conforming to the requirements of Section 21400 of the state Vehicle Code shall be posted at the entrance of the access road to the public roadway.
F. 
An advance warning sign must be posted on the public roadway four hundred feet on either side of the access intersection, carrying the words "Truck Crossing." The sign shall be diamond in shape, each side being thirty inches in length, shall have a yellow background and the letters thereon shall be five inches in height. The sign shall be placed six feet from the edge of the pavement and the base of the sign shall be covered or removed when the access intersection is not in use.
(Prior code § 16A-18(g))
Grading operations or equipment operation within one-half mile of a structure used for human occupancy shall not be conducted between the hours of six p.m. and seven a.m. The City Official may, however, permit grading operations during specific hours after six p.m. or before seven a.m., if he or she determines that such operations are not detrimental to the health, safety or welfare of the inhabitants of such structure.
(Prior code § 16A-18(h))
A. 
If the proposed grading requires hauling of soil, rock or debris over City streets, the application for a grading permit shall show:
1. 
The name and license of the contractor who will be in charge or control of the trucks or equipment to be used in hauling;
2. 
The number, type and capacity of trucks to perform the hauling;
3. 
The proposed route from grading site to dump site or borrow area;
4. 
The quantity, in cubic yards, of materials to be hauled per day;
5. 
The traffic-control procedures along haul route.
B. 
All vehicles transporting rock, earth or other materials to or from a grading site over the streets of the City shall travel only over such route and at such hours as may be directed by the City to be the least dangerous to public safety, causing the least interference with general traffic and causing the least damage to the streets.
C. 
Any rock, earth or other material that may be spilled on any public street or place from any vehicle transporting such materials to or from any grading site shall be promptly removed in a manner satisfactory to the City at the expense of the person to whom the grading permit was issued.
(Prior code § 16A-18(i))
A. 
Hazardous Grading. The City Official shall not issue a permit in any case where he or she finds that the work as proposed by the applicant is liable to endanger any private property or result in the deposition of debris on any public way or interfere with any existing drainage course or violate the water quality requirements.
B. 
If it can be shown to the satisfaction of the City Official that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, drainage devices or by other means, the City Official may issue the permit with the condition that such work be performed.
C. 
Geological or Flood Hazard. If, in the opinion of the City Official, the land area for which grading is proposed is subject to geological or flood hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property, the grading permit and building permits for habitable structures shall be denied.
(Prior code § 16A-19; Ord. 2003-867, § 1, 2003)
A fee for each grading permit shall be paid to the City. The grading permit shall be based upon charges to be determined by resolution of the City Council revised periodically to defray the cost of permit issuance and inspection of the work.
(Prior code § 16A-20)
A. 
Bonds Required. A permit shall not be issued unless the permittee first posts with the City Official a bond executed by the owner and a corporate surety authorized to do business in the state as a surety in an amount sufficient to cover the cost of the project, including the construction of drainage and protective devices and any corrective work necessary to remove and eliminate engineering and geological hazards.
B. 
Alternatives. In lieu of a surety bond, the applicant may file a cash bond or, if approved by counsel for the governing agency, a letter of credit from one or more financial institutions subject to regulation by the state or Federal government in an amount equal to that which would be required in the surety bond.
C. 
Exceptions.
1. 
The City Official may reduce the amount of the bond to the extent that he or she determines that the hazard or danger created by the work does not justify the full amount;
2. 
No bond shall be required when the City Official determines the proposed grading will not adversely affect the subject property, adjacent property or existing or proposed structures thereon.
(Prior code § 16A-21(a))
Every bond shall include the conditions that the permittee shall:
A. 
Comply with all of the provisions of this chapter, applicable laws and ordinances;
B. 
Comply with all the terms and conditions of the permit for excavation or fill to the satisfaction of the City Official;
C. 
Complete all of the work contemplated under the permit within the time limit specified in the permit, or complete the work to a safe condition satisfactory to the City Official. The City Official may, for sufficient cause, extend the time specified in the permit, but no such extension shall release the surety upon the bond.
(Prior code § 16A-21(b))
The bond shall be in the amount of thirty percent of the estimated cost of the grading work authorized by the permit, plus an amount equal to one hundred percent of the proposed slope drainage facilities to insure completion of minimum storm drainage protection and erosion prevention and to correct hazardous conditions in event permittee is unable to complete the work, except that the City Official may waive all or part of the amount to the extent that it is determined that the hazard or danger created by the work does not justify the full amount. The cost shall be estimated by the design civil engineer and such cost shall include, but shall not be limited to, the cost of slope drainage devices, planting and sprinkler systems on slopes. The City Official may revise the estimated cost if it is considered to be insufficient. A firm contract will be acceptable in lieu of an estimate.
(Prior code § 16A-21(c))
The term of each bond shall begin upon the date of filing and shall remain in effect until the completion of the work to the satisfaction of the City Official. In the event of failure to complete the work and failure to comply with all of the conditions and terms of the permit, the City Official may order the work required by the permit to be completed or put in a safe condition to his or her satisfaction. The surety executing such bond or deposit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the governing agency in causing any and all such required work to be done. In the case of a cash deposit, such deposit or any unused portion thereof shall be refunded to the permittee.
(Prior code § 16A-21(d))
A. 
Whenever the City Official finds or determines that a default has occurred in the performance of any requirement of a condition of a permit issued hereunder, written notice thereof shall be given to the principal and to the surety on the bond. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the City Official to be reasonably necessary for the completion of such work.
B. 
After receipt of such notice, the surety shall within the time therein specified cause or require the work to be performed or, failing therein, shall pay over to the City Official the estimated cost of doing the work as set forth in the notice. Upon receipt of such moneys, the City Official shall cause the required work to be performed and completed.
(Prior code § 16A-21(e))
A substitute bond or letter may be filed in lieu of any abovementioned bond or letter of credit, and the City Official may accept the same if it is suitable to insure completion of the work remaining to be performed and in proper form and substance, and the bond or letter of credit for which it is substituted may be exonerated if the City Official finds that the conditions of such bond or letter of credit for which a substitute has been filed have been satisfied and that no default exists as to the performance upon which such bond or letter of credit is conditioned.
(Prior code § 16A-21(f))
All permits issued under this article shall be presumed to include the provision that the applicant, his or her agent, contractor or employees shall carry out the proposed work in accordance with the approved plans and specifications and in compliance with all the requirements of the chapter.
(Prior code § 16A-22(a))
The permittee is responsible for the prevention of damage to adjacent property; and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley or other public or private property without supporting and protecting such property from settling, cracking or other damage which might result.
(Prior code § 16A-22(c))
The permittee shall be responsible for the protection and preservation of all official land survey markers and monuments within the grading area and shall retain a licensed surveyor or registered civil engineer to replace any such markers or monuments as may be damaged or destroyed in the work.
(Prior code § 16A-22(d))
Upon completion of grading work, including excavations and fills, the owner of any property on which grading is done pursuant to this chapter shall be fully responsible for the continued maintenance of all cut and fill slopes on his or her property. Maintenance shall include repairs to berms, ditches, paved drainage terraces, down drains and erosion control devices, including slope planting. Plantings shall be watered, fertilized and replaced where necessary to cover bare soil areas sufficiently to prevent erosion. Maintenance shall also include repairing eroded slopes by filling erosion gulleys with imported soil or other means when such erosion gulleys create a hazard to paved drainage terraces or other nearby public or private property.
(Prior code § 16A-22(e))
Compliance with requirements and conditions of this chapter or the granting of or issuance of a grading permit shall not be construed to release the owner of real property of any legal duties, obligations or liabilities incident to the ownership of the property while the work of grading, excavating or filling is in progress, or after the completion thereof.
(Prior code § 16A-22(f))