The unregulated excavation, placing of embankment, and/or diverting
of natural watercourses in the course of physical development of land
within the city may cause extensive damage to public and private property,
may result in hazardous unstable conditions, and/or infringe on the
rights of property owners by creating unnecessary unsightly conditions
which did not previously exist adjacent to their property. It is therefore
the intent and purpose of this chapter to avoid potentially damaging,
hazardous, and unsightly conditions in the course of land development
by requiring that certain excavation, embankments and changes in watercourses
shall conform to the provisions of Appendix J, Excavations and Grading,
of the California Building Code 2007 Edition, and those special provisions
as contained in this chapter.
(Ord. 1827 § 9, 2007; Ord. 1829 § 9, 2008)
All regulations relating to grading contained in this chapter
shall be administered by the city engineer of the city. Wherever the
title building official is used in Appendix J of the California Building
Code, it shall be construed to mean the city engineer or his or her
authorized representatives.
(Ord. 1827 § 9, 2007; Ord. 1829 § 9, 2008)
No person shall do any grading without first having obtained
a grading permit from the city engineer, except for those special
instances set forth in of Appendix J of the Building Code, and also
except for the following:
A.
An
excavation which is less than 18 inches measured vertically from the
natural ground surface, providing the excavation is at least five
feet from any property line, and provided the excavation does not
significantly change either the amount or direction of drainage runoff
from the property.
B.
A fill
less than 12 inches in depth and placed on natural terrain, not intended
to support structures, and which does not obstruct a drainage course,
providing the fill does not significantly change either the amount
or direction of drainage runoff from the property.
(Ord. 1827 § 9, 2007; Ord. 1829 § 9, 2008)
Grading plans shall be prepared and certified by an approved
professional firm which has demonstrated competency in the preparation
of such type of engineering plans to the city engineer. Each application
for a grading permit shall be accompanied by copies of the certified
grading plan, including all applicable specifications and special
provisions. The number of copies shall be set by engineering directive
issued by the city engineer. Supporting data consisting of a soil
engineering report and engineering geology report shall be required
only when deemed necessary by the city engineer. The grading plan,
specifications, special provisions, and other supporting data shall
be submitted to the city engineer for review. Specific requirements
for preparation, processing, review, and approval of a certified grading
plan, including all applicable specifications and special provisions,
shall be established by the city engineer and shall be issued in the
form of standard drawings, identified as Series CU-E of the approved
standard drawings of the city, and also in the form of engineering
directives, identified as Series ED-E of the approved engineering
directives of the city.
(Ord. 1827 § 9, 2007; Ord. 1829 § 9, 2008)
Grading plan checking fees and grading permit fees shall be
set from time to time by resolution of the city council of the city.
(Ord. 1827 § 9, 2007; Ord. 1829 § 9, 2008)
Earth may not be imported from off a property site for embankment
purposes onsite, except under the following listed conditions:
A.
Topsoil
may be imported from offsite, provided the amount imported is not
in excess of two cubic yards per hundred square feet of area to be
covered.
B.
If
a site grading plan approved by the city engineer requires imported
embankment, earth may be imported from off site after a special permit
is obtained from the office of the city engineer for said embankment
purpose.
(Ord. 1827 § 9, 2007; Ord. 1829 § 9, 2008)
To have any of the limits and/or requirements, as listed above in Sections 15.52.040 through 15.52.060, waived, a written request must be submitted to the administrative committee, which committee shall make a finding thereupon. Appeals to determinations made by the administrative committee shall be made to the city council in accordance with the established procedures for such appeals.
(Ord. 1827 § 9, 2007; Ord. 1829 § 9, 2008)
Should the city engineer consider it advisable to have testing
performed by the city in addition to the provisions of the California
Building Code, the tests will be at city expense if the results indicate
satisfactory conditions and at the permittee's expense, including
suitable charges for overhead, if the results indicate any unsatisfactory
grading condition.
(Ord. 1827 § 9, 2007; Ord. 1829 § 9, 2008)
If any person who has performed work not in conformity with
the provisions of this chapter does not correct the work to bring
it into conformity within 30 days after being notified in writing
by the city engineer of the nature and extent of the unacceptable
work, and provided the person has the ability to then bring the work
into conformity, then the person shall be guilty of an infraction.
(Ord. 1827 § 9, 2007; Ord. 1829 § 9, 2008)
In the event that the grading activity creates a potentially hazardous condition to either the health, safety or welfare of the city or any of its citizens, the city engineer shall give to the owner of the land on which the potentially hazardous condition has been created a notice to immediately abate the hazard and in the event, in the discretion of the city engineer, there is not time for the notice, the city shall have the right to abate the hazard and assess against the real property upon which the hazard exists for the reasonable cost of abating the hazard and after 10 days' written notice to the owner of his or her opportunity to object to the costs so assessed, the city shall place a lien upon the real property for the costs, and the lien shall be placed upon the next real property tax bill if not so paid within 10 days after the assessment hearing before the council. The abatement and lien procedures provided in this section are in addition to all other remedies and cost recovery options available to the city by law or in equity, including, but not limited to, those provided in Chapter 1.20 of this code.
(Ord. 1827 § 9, 2007; Ord. 1829 § 9, 2008; Ord. 1924 § 17, 2017)
