This chapter shall be known as the "City of Encinitas Grading,
Erosion and Sediment Control Ordinance" and may so be cited.
(Ord. 88-16)
The purpose of this chapter is to establish minimum requirements
for grading, excavating and filling of land, to provide for the issuance
of grading permits and to provide for the enforcement of the requirements.
This chapter is adopted pursuant to, and to implement provisions of,
the Encinitas General Plan and certified Local Coastal Program Land
Use Plan (LUP). It is the intent of the City to protect life and property
and promote the general welfare; enhance and preserve the physical
environment of the community; and maintain the natural scenic character
of the City. The provisions of this chapter shall be administered
to achieve, to the extent possible, appropriate goals and policies
of the General Plan/LUP as well as the following goals:
A.
Ensuring
that future development of lands occurs in the manner most compatible
with surrounding areas and so as to have the least effect upon other
persons or lands, or upon the general public;
B.
Ensuring
that soil will not be stripped and removed from lands in the City,
leaving the lands barren, unsightly, unproductive, and subject to
erosion and the hazards of subsidence and faulty drainage;
C.
Encouraging
the planning, design and development of building sites in such fashion
as to provide the maximum in safety and human enjoyment, while adapting
development to and taking advantage of the best use of the natural
terrain;
D.
Ensuring
that soil erosion, sedimentation, and stormwater runoff are regulated
to reduce, to the maximum extent practicable, pollutants entering
wetlands, the stormwater conveyance system and Waters of the State
to protect water quality;
E.
Encouraging
and directing special attention toward the retention insofar as practical,
of the natural landscaping, especially with regard to existing trees
and native plant materials.
(Ord. 94-06; Ord. 2008-03)
When used in this chapter, the following words shall have the
meanings ascribed to them in this section:
means any person, corporation, partnership, limited liability
company, nonprofit entity, joint venture, association or any type,
public entity or any other legal entity which submits an application
to the City Engineer for a permit pursuant to this chapter.
means the grade/earth surface that complies with all sections
of the Encinitas Municipal Code and at least one or more of the following
criteria as determined by the City Engineer:
The natural grade created by natural geological events unaffected
by construction techniques such as cutting, filling, landscaping or
berming.
A grade created by excavation into a natural grade as defined
under paragraph 1 above.
The grade created by grading activities before 1986 provided
that the grade was shown on one or more of the following: approved
grading plans, historical photographs that have not been modified,
historical topographic surveys and/or in geotechnical reports prepared
by certified professionals. Under this subsection, the City Engineer
may, following a review of supporting evidence, determine that evidence
submitted to support the pre-1986 grade is adequate.
Grade created after 1986 in accordance with an approved grading
permit, grading permit as per an approved tentative map or other permit
issued in accordance with the Encinitas Municipal Code.
means the surface conditions extant on completion of grading.
means in-place solid rock.
means a relatively level step excavated into earth material
on a slope on which fill is to be placed.
means schedules of activities, practices or devices, prohibitions
of practices, site designs, procedures, and other methods to prevent
or reduce the discharge of pollutants directly or indirectly to stormwater,
the stormwater conveyance system, or Waters of the State. BMPs may
be structural or nonstructural. BMPs may include any type of pollution
prevention and pollution control measure which the City Engineer finds
is necessary to reduce pollutants entering the Waters of the State
to the maximum extent practicable.
means earth material acquired from an off-site location for
use in grading on a site.
means a signed, written statement that the specific inspections
and tests that were required have been performed and that such tests
comply with the applicable requirements of this chapter.
means a professional engineer registered in the State of
California to practice in the field of civil works.
means 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 for the beneficial uses of
mankind.
means the densification of a fill by mechanical means.
means runoff that directly flows on the surface of the ground
and across lot lines to a neighboring property.
means a natural or man-made channel which collects and intermittently
or continuously conveys stormwater runoff.
means any rock, natural soil or fill and/or combination thereof.
means a geologist experienced and knowledgeable in engineering
geology and certified by the State of California to practice engineering
geology.
means the wearing away of the ground surface as a result
of the movement of wind, water, and/or ice.
means any earth, sand, gravel, rock or similar material that
is cut into, dug, quarried, uncovered, removed, displaced, or relocated
by man and the conditions resulting therefrom.
means deposits, removal and recompaction of soil, rock or
other similar irreducible materials placed by man.
means a set of best management practices or equivalent measures
designed to control surface runoff and erosion and to retain sediment
on a particular site after all other planned final structures and
permanent improvements have been erected or installed.
means the vertical location of the ground surface.
"Existing grade"
means the grade prior to grading. (Also see "natural grade"
and "approved grade.")
"Rough grade"
means the stage at which the grade approximately conforms
to the approved plan. Rough grades shall be within 0.2 feet of finish
grades.
"Finish grade"
means the final grade of the site which conforms to the approved
plan.
means any land disturbance or land fill, or removal and recompaction,
or combination thereof that results in the displacement, removal,
excavation, import, export or recompaction of soil.
means a set of best management practices or equivalent measures
designed to control surface runoff and erosion and to retain sediment
on a particular site during the period in which pre-construction and
construction-related land disturbances, fills and soil storage occur,
and before final improvements are completed.
means a designed compacted fill placed in a trench excavated
in earth material beneath the toe of a proposed fill slope.
means any human activity depositing soil or other earth materials.
means the technology-based standard established by Congress
in CWA Section 402(p)(3)(B)(iii) that operators of MS4s must meet.
Technology-based standards establish that level of pollutant reductions
that dischargers must achieve, typically by treatment or by a combination
of source control and treatment control BMPs primarily (as the first
line of defense) in combination with treatment methods serving as
a backup on a permanent basis after completion of construction (additional
line of defense).
is the grade/earth surface that complies with all other sections
of the Encinitas Municipal Code and at least one or more of the following
criteria as determined by the City Engineer:
The grade created by natural geological events unaffected by
construction techniques such as cutting, filling, landscaping or berming.
A grade created by excavation into a natural grade as defined
under paragraph 1 above.
"The grade created by grading activities before 1986 provided
that the grade was shown on one or more of the following" means approved
grading plans, historical photographs that have not been modified,
historical topographic surveys and/or in geotechnical reports prepared
by certified professionals. Under this paragraph, the City Engineer
may, following a review of supporting evidence, determine that evidence
submitted to support the pre-1986 grade is adequate.
means runoff generated from sources other than stormwater.
means the applicant in whose name a valid permit is duly
issued pursuant to this chapter and his/her agents, employees and
others acting under his/her direction.
means an individual, corporation, partnership, limited liability
company, non-profit entity, joint venture, association of any type,
or any other legal entity.
means any agent that may cause or contribute to the degradation
of water quality, including, but not limited to, earth materials.
means combinations of site design, erosion control, waste
management, and mechanical and bio-filtration devices, intended to
limit discharge of pollutants into the municipal storm sewer systems
(MS4) on a permanent basis after completion of construction.
means a project identified by criteria used by the San Diego
Regional Water Quality Control Board, the City of Encinitas Stormwater
Ordinance, the City of Encinitas BMP Manual Part II or the Encinitas
Local Coastal Program as a priority project for the purpose of post-construction
stormwater pollution control.
means work that is required to keep a public or private access
road in proper and functioning order and in the approved completed
condition. Typical road maintenance includes overlays and repair of
cracks for paved roads. For nonpaved roads, typical maintenance includes
leveling and smoothing the surface, dust control treatment, and/or
replacement of granular materials on the road surface. Road maintenance
work shall not include: construction of new paving, road widening,
replacement of pavement sections or change of grade in excess of six
inches.
means that portion of water generated from natural sources,
such as from rain or melted snow that flows over the ground.
means earth material deposited by water or wind.
means a parcel or parcels of real property owned by one or
more than one person which is being or is capable of being developed
as a single project.
means an inclined ground surface the inclination of which
is expressed as a ratio of horizontal distance to vertical distance.
means naturally occurring superficial deposits overlying
bed rock.
means a civil engineer experienced and knowledgeable in the
practice of soil engineering.
means the application of the principles of soil mechanics
in the investigation, evaluation and design of civil works involving
the use of earth materials and the inspection and testing of the construction
thereof.
means private and public drainage facilities within the City
of Encinitas by which stormwater may be conveyed to Waters of the
United States, including but not limited to, streets, roads, catch
basins, natural and artificial channels, natural and artificial drainage
features, aqueducts, canyons, stream beds, gullies, curbs, gutters,
ditches, and storm drains. Historic and current development make use
of natural drainage patterns and features as conveyances for urban
runoff. Urban streams used in this manner are part of the stormwater
conveyance system regardless of whether they are natural, man-made,
or partially modified features.
means any fill placed on land for which no soil testing was
performed or no acceptable compaction reports or other acceptable
soil reports were prepared or submitted. Also referred to as "uncontrolled
embankment" or "undocumented fill."
means any water, surface or underground, including saline
waters within the boundaries of California. The definition of the
"Waters of the State" is broader than that for the "Waters of the
United States" in that all water in the state is considered to be
a "Waters of the State" regardless of circumstances or condition.
Under this definition, a municipal storm sewer system (MS4) is always
considered to be a "Waters of the State."
means water subject to the regulatory jurisdiction of the
United States under the Federal Clean Water Act and applicable case
law. In general, this includes "navigable" waters, waters tributary
to "navigable" waters, and adjacent wetlands.
means the period from October 1st through April 30th.
(Ord. 2008-03)
Whenever the City Engineer determines that any existing excavation
or embankment or fill on private property has become a threat to life
and limb, or endangers property, or adversely affects the safety,
use or stability of a public way or drainage channel, or discharges
pollutants into Waters of the State, the owner of the property upon
which the excavation or fill is located, or other person or agency
in control of the property, upon receipt of notice in writing from
the City Engineer, shall within the period specified therein repair
or eliminate such excavation or embankment so as to eliminate the
hazard and be in conformance with the requirements of this Code.
(Ord. 2008-03; Ord. 2017-03)
Neither this chapter nor any administrative decision made under
it:
A.
Exempts
the permittee from procuring other required permits or complying with
the requirements and conditions of such a permit; or
B.
Limits
the right of any person to maintain, at any time, any appropriate
action, at law or inequity, for relief or damages against the permittee
arising from the permitted activity.
An amendment to any portion of this chapter constitutes a proposed amendment to the implementing regulations of the City's Local Coastal Program (LCP). A proposed LCP amendment shall comply in form, content and procedure with the provisions of Chapter 30.82 of the Municipal Code. An amendment to this chapter shall not become effective until certified by the Coastal Commission pursuant to California Public Resources Code Section 30514.
(Ord. 94-06)
The City Council may by resolution adopt a landscape guidelines
manual to provide for plans, programs and standards for landscaping,
fire suppression, open space easement maintenance, erosion control,
planting and irrigation. Upon adoption by the City Council the contents
of that manual shall be part of the requirements of this chapter but
the manual is not incorporated into the City of Encinitas Local Coastal
Program. Any permits issued pursuant to this chapter shall comply
with the provisions of that manual; and, in the case of any conflict
between the provisions of this manual and the City of Encinitas Local
Coastal Program, the provisions of the Local Coastal Program shall
be binding.
(Ord. 2010-16)
Upon adoption by the City Council the contents of that manual
shall be part of the requirements of this chapter but the manual,
as a whole, is not incorporated into the City of Encinitas Local Coastal
Program. The City Council adopted the City of Encinitas Stormwater
Best Management Practices Manual Part II in Ordinance No. 2002-14
on December 11, 2002. This manual provides design, construction, and
operation requirements for minimizing stormwater pollution, and its
content shall be part of the requirements of this chapter. Any permits
issued pursuant to this chapter shall comply with the provisions of
the Best Management Practices Manual Part II; and, in the case of
any conflict between the provisions of this manual and the City of
Encinitas Local Coastal Program, the provisions of the Local Coastal
Program shall be binding.
(Ord. 2010-16)
The City Council may by resolution adopt an engineering design
manual, which will include standards and requirements for grading
permits and grading plan preparation. Upon adoption by the City Council
the contents of that manual shall be part of the requirements of this
chapter but the manual is not incorporated into the City of Encinitas
Local Coastal Program. Any permits issued pursuant to this chapter
shall comply with provisions of that manual; and, in the case of any
conflict between the provisions of this manual and the City of Encinitas
Local Coastal Program, the provisions of the Local Coastal Program
shall be binding.
(Ord. 2010-16)
The City Council may by resolution adopt a policy to provide
guidance on the testing, handling and disposal of contaminated soils
that will include requirements that will be necessary for applicants
to comply with prior to issuance of grading permits. Any permits issued
pursuant to this chapter shall comply with the provisions of that
policy.
(Ord. 2008-03)
No person may grade, fill, excavate, store or dispose of soil
and earth materials, clear existing vegetation or perform any other
land-disturbing or land filling activity without first obtaining a
permit as set forth in this chapter. Any removal of BMPs that were
required for a priority project will require a grading permit for
corrective or other action. If applicable, a requirement may be imposed
to replace the BMP with equivalent water quality protection. If the
grading is taking place in the Coastal Zone, a coastal development
permit may also be required.
(Ord. 2008-03)
All land-disturbing or land-filling activities or soil storage
shall be undertaken in a manner designed to minimize surface runoff,
erosion and sedimentation and to safeguard life, limb, property, and
the public welfare. A person performing such activities need not apply
for a permit pursuant to this chapter, if all the following criteria
are met:
A.
The
land area which is disturbed or filled is 10,000 square feet or less.
B.
The
affected natural and finished slopes are less than 25% gradient and
the grading could not result in an adverse condition to existing or
proposed structures, neighboring properties, public rights-of-way
or stormwater pollution control devices.
C.
The
volume of soil or earth materials stored, graded, moved, replaced,
imported, exported or otherwise disturbed is 50 cubic yards or less.
D.
Rainwater
runoff is diverted, either during or after construction, from an area
smaller than 5,000 square feet.
E.
An
impervious surface, if any, of less than 5,000 square feet is created.
F.
No
drainageway is blocked or has its stormwater carrying capacities or
characteristics modified.
G.
The
activity does not take place on an inland or coastal bluff, within
100 feet by horizontal measurement from the top of an inland or coastal
bluff, the bank of a watercourse, the mean high water mark (line of
vegetation) of a body of water or within the wetlands associated with
a watercourse or water body, whichever distance is greater.
H.
Retaining
wall constructed six feet or lower measured from the top of the wall
to the lowest adjacent grade.
I.
Grading
is proposed for a development that is not classified as a priority
project for post construction stormwater pollution control.
J.
No
clearing and grubbing of vegetation and no disturbance of land within
an environmentally sensitive area are proposed.
(Ord. 2008-03)
The exemption applies to urban agricultural operations, including
disking, harrowing, terracing, leveling, and soil preparation. Urban
agricultural activities are exempt from a grading permit if all the
following criteria are met:
A.
Shall
employ proper erosion and sediment control to ensure that there is
no discharge of sediment and other pollutants from the site.
B.
Shall
store and use pesticides, composts, organics, and nutrients in conformance
with the applicable local, state and federal codes.
C.
Shall
prevent irrigation runoff leaving the site.
D.
Shall
safeguard life, limb, property, and the public welfare.
E.
The
volume of soil or earth materials stored, graded, replaced, imported,
exported or otherwise disturbed is 250 cubic yards or less. Soil placed
in contained planters that are structurally safe, designed to fully
contain planting soils, and do not pose drainage, stormwater pollution,
or stability hazards would not be added to the grading quantities,
provided that these soils are removed from the site if/when the subject
urban agricultural operations are terminated.
F.
Proposed
land disturbance area is less than 10,000 square feet or the proposed
land disturbance area is between 10,000 square feet and less than
one acre and an erosion control permit is obtained from the City.
G.
Proposed
new and replaced impervious area is less than 500 square feet or between
500 square feet to less than 5,000 square feet if a construction permit
for construction of storm-water Best Management Practices (BMPs) is
obtained.
H.
Rainwater
runoff is diverted, either during or after construction, from an area
smaller than 5,000 square feet.
I.
The
activity will not encroach or impact either directly or indirectly
an environmentally sensitive area or wetlands.
J.
The
activity does not take place on an inland or coastal bluff; within
100 feet by horizontal measurement from the bluff top edge of an inland
or coastal bluff; the bank of a watercourse; or within 100 feet of
any wetlands; or within 50 feet from riparian areas.
Should the agricultural areas be utilized for any other use,
the Public Works Director may require that a grading permit be obtained
to ensure that the agricultural land is mitigated properly to support
any fill or structures.
Normal agricultural crop management practices, including disking, harrowing, terracing, leveling, and soil preparation that take place on land that has been farmed are exempt pursuant to Section 23.24.100D of this Code.
(Ord. 2016-05)
Other sections of this chapter notwithstanding, the following
activities are exempt from the permit requirements:
A.
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 height greater than
five feet after the completion of the structure.
B.
Cemetery
graves.
C.
Refuse
disposal sites controlled by other regulations.
D.
Normal
and customary agricultural and crop management practices on properties
that are zoned agricultural or in active agricultural production prior
to the adoption of the ordinance codified in this section.
E.
Emergencies
posing an immediate danger to life or property, or substantial flood
or fire hazards. Emergency shall be as defined in the CEQA Guidelines
as published by the State of California Office of Planning and Research.
However, a grading permit will be required if the emergency work completed
does not otherwise qualify as a general exemption or categorical exemption.
If a grading permit is required, the grading permit must be obtained
once the emergency work is completed. No final inspection or other
permits will be issued for the project site unless and until the required
grading permit is issued and all work required by the grading permit
is completed to the satisfaction of the City Engineer in conformance
with this chapter.
F.
Excavations
within public right-of-way covered by a public improvement or construction
permit issued by the Public Works Department.
G.
Road
maintenance that meets all state and City requirements for stormwater
pollution control and is not adversely impacting any natural or manmade
drainage.
(Ord. 94-06; Ord. 2008-03; Ord. 2014-15; Ord. 2016-13)
A project that proposes to create over 500 square feet of new
impervious surface area will need to obtain a construction permit
and adhere to all standards for drainage and best management practices
as contained in the Manual of Best Management Practices, Part II as
adopted and amended by the City Council.
(Ord. 2008-03)
A.
Planning
and Building Department Review. Prior to issuing a grading permit,
the applicant shall fulfill all environmental protection requirements
contained in this Code. All applications shall be reviewed by the
Planning and Building Department, whereupon a determination will be
made as to whether further environmental review will be required.
B.
Coastal
Development Permit Review. No grading permit shall be issued for any
project or development within the California Coastal Zone until the
applicant has presented an approved coastal development permit or
a certificate of exemption from coastal development permit requirements
granted by the Planning and Building Director or if applicable, the
California Coastal Commission.
(Ord. 2008-03)
The applicant shall provide all requested information on the
application form. The application form shall be signed and dated by
the owner of the site or by an authorized representative of the owner.
The application form shall be submitted with the applicable permit
application, required items listed for the permit application, appropriate
studies and appropriate fees and deposits. The City Engineer may require
additional information in accordance with the Municipal Code prior
to issuance of the grading permit or granting final approval of the
grading at the property.
(Ord. 2008-03)
The application for any grading permit (regular or minor) must
include all of the following items unless a specific item is waived
in writing by the City Engineer following a review of the project
application:
A.
Application
form.
B.
Site
map and grading plan.
C.
Interim
erosion and sediment control plan.
D.
Final
erosion and sediment control plan.
E.
Drainage
study.
F.
Engineering
geotechnical report.
G.
Title
report.
H.
Landscape
and irrigation plan, or other erosion control measure as approved
by the City Engineer.
I.
Work
schedule (prior to issuance of permit).
J.
Application
fees.
K.
Acceptable
security (prior to issuance of permit).
L.
Any
supplementary material required by the City Engineer.
M.
Applicants
subject to the Statewide General NPDES Permit for Stormwater Discharges
Associated with Construction Activities must provide evidence of existing
coverage under the general construction permit and submit a stormwater
pollution prevention plan to the City for review and approval as required
by the general NPDES permit for construction.
N.
Demonstration
of compliance with City and state codes for post construction stormwater
treatment and pollution control, including, but not limited to, depiction
of all the existing and proposed BMPs, depiction of how all the runoff
generated on impervious areas will be routed to BMP areas and treated
before discharge, signed maintenance agreements and signed covenants
for post-construction BMPs.
O.
Demonstration of compliance with Municipal Code requirements, including, but not limited to, Chapters 23.06 and 23.08, which require that certain grading activities complete a citizen participation program and obtain a design review permit. If grading is proposed in the Coastal Zone, a coastal development permit may also be required.
P.
Upon
completion of plan-check and approval of grading plans, the applicant's
engineer shall prepare photo-mylars for signatures of the City Engineer
and any other city or agency official that has reviewed the grading
plans for conformance with City of Encinitas and agency codes.
(Ord. 2008-03)
A.
A minor
(simplified) grading permit may be authorized by the City Engineer
if paragraphs 1 through 7 of this subsection, are met to the satisfaction
of the City Engineer.
1.
The
proposed grading is between 50 and 250 cubic yards. The City Engineer
may authorize a minor grading permit in accordance with paragraph
8 of this subsection. If the City Engineer authorizes a minor grading
permit for removal and recompaction grading in excess of 250 cubic
yards, additional inspection fees will be assessed for grading in
excess of 250 cubic yards.
2.
The
grading does not propose to create slopes more than six feet high.
3.
The
grading is proposed on an existing slope less than six feet high.
4.
The
grading is not proposed within any environmentally sensitive areas,
floodplain, floodway, within 100 feet of any coastal or inland bluffs,
or area with geologic or slope stability problems, and does not divert
or adversely impact any drainage flow.
5.
The
grading or other aspects of the development do not require any discretionary
permit review by the Planning and Building Department other than a
coastal development permit.
6.
The
grading or other aspects of the development neither proposes nor is
required to provide public improvements.
7.
The
grading or other aspects of the development do not proposed cross
lot drainage or major drainage improvements.
8.
If
the proposed grading is for removal and recompaction of unsuitable
soils under a building footprint, and the proposed depth of excavation
is four feet or less, a simplified grading permit may be issued for
grading up to 750 cubic yards.
B.
It is the intent of this section to simplify issuance of grading permits for proposed grading meeting the requirements described in subsection A of this section. The application for a minor grading permit must include all of the following items:
1.
Three
copies of the grading plan prepared on a standard D-size sheet. The
plan must be prepared, stamped and signed by a California Registered
Civil Engineer. At a minimum, the grading plan shall include:
a.
Existing and proposed ground contours and spot elevations;
b.
Cross sections (to scale) showing existing and proposed grading,
property lines, adjacent properties and improvements on adjacent properties,
and any adjacent public improvements;
c.
Existing and proposed drainage;
d.
Proposed Best Management Practice stormwater pollution control measures
for both construction and post-construction phases of the project
in conformance with the City standards contained within City of Encinitas
BMP Manual, Part II;
e.
Existing and proposed hard surface areas;
f.
Existing and proposed landscape materials, including any trees or
vegetation proposed for removal;
g.
Existing and proposed building footprints, including any buildings
proposed for removal; and
h.
Interim erosion control measures.
2.
Payment
of applicable fees or deposits for plan-check, permit issuance and
inspection.
3.
Any
additional items required by the City Engineer in order to verify
compliance with applicable City codes and regulations.
C.
The
application and grading plan for a minor grading permit must also
be in compliance with all applicable City codes, regulations and procedures,
including those contained within this chapter.
(Ord. 2008-03)
A.
A precise grading plan with the following elements shown must be submitted for review and approval of the City Engineer if the approved grading plan does not show in sufficient detail any existing and/or proposed structures, building pad elevations and building footprints, existing and proposed drainage and post-construction BMPs. The precise grading plan must be approved by the City Engineer prior to the issuance of any building permits for the property. If a precise grading plan is consistent with the standards for a minor grading permit, the precise grading plan may be processed in accordance with Section 23.24.125.
B.
In addition to the requirements contained in Section 23.24.120, the following information must be accurately depicted on the precise grading plan:
1.
Building
footprint;
2.
Hardscape,
existing and proposed;
3.
Landscaping,
existing and proposed;
4.
Invert
elevations in their exact locations must be shown for area drains,
swales and sewer;
5.
Post-construction
BMPs;
6.
Sewer
and water laterals, any hydrants, dry utilities and any other subsurface
construction must be shown in the exact locations;
7.
Any
walls, freestanding and/or retaining must be shown in their exact
locations;
8.
Pools
and spas, if applicable;
9.
Any
other existing or proposed structures not listed above;
10.
Detention basins;
11.
Driveways/easements;
12.
Setbacks in accordance with Encinitas Municipal Code Title 30 (Zoning
Ordinance); and
13.
Reference to any previous permits for the property, including coastal
development permits, use permits or variances.
(Ord. 2008-03)
The grading plan shall be prepared and signed by a California
registered civil engineer and if a soils and geology report is required,
the grading plan shall also be signed by a registered soils engineer
and a certified engineering geologist. The grading plan shall contain
the following information:
A.
Existing
and proposed topography of the site taken at a contour interval sufficiently
detailed to define the topography over the entire site. The contour
elevation, pad and finished floor elevations, and all other elevations
shown on the Grading Plan shall be based upon the most recent vertical
datum approved by the City Engineer. The plan shall provide benchmark
information and description used for preparation of the grading plan.
The plan shall also provide the engineering scale and north arrow
pointing to the top or right on appropriate sheets of the plan.
B.
Cross
sections (to scale) showing existing and proposed grading, property
lines, adjacent properties and improvements on adjacent properties,
and any adjacent public improvements.
C.
Contours
shall extend a minimum of 50 feet off-site, or a sufficient distance
to show on- and off-site drainage.
D.
Site's
property lines and existing and proposed easements shown in true location
with respect to the most recent horizontal control monuments approved
by the City Engineer. If easements or property lines are not correctly
shown, the grading permit may be revoked by the City Engineer.
E.
Location
and graphic representation of all existing and proposed natural and
man-made drainage facilities.
F.
Detailed
plans of all surface and subsurface drainage devices, walls, cribbing,
dams, and other protective devices to be constructed with or as a
part of the proposed work, together with a map showing the drainage
area and the estimated runoff of the area served by any drain.
G.
Location
and graphic representation of proposed excavations and fills, of onsite
storage of soil and other earth material, and of onsite disposal.
H.
Location
of existing trees with trunks greater than four inches three feet
above natural grade and the location and type of vegetation to be
left undisturbed.
I.
Location
of proposed final surface runoff, erosion and sediment control measures.
J.
Quantity
of soil or earth material in cubic yards to be excavated, filled,
removed or recompacted, stored or otherwise utilized onsite.
K.
Outline
of the methods to be used in clearing vegetation, and in storing and
disposing of the cleared vegetation.
L.
Proposed
sequence and schedule of excavation, filling and other land-disturbing
and filling activities, and soil or earth material storage and disposal.
Grading shall be phased whenever the City Engineer finds that phasing
is feasible and necessary to protect the Waters of the State. Areas
that are cleared and graded shall be minimized to only portions of
the site that are necessary for construction, and the exposure time
of disturbed soil areas shall be minimized.
M.
Location
of any buildings or structures on the property where the work is to
be performed and the location of any buildings or structures on land
of adjacent owners which are within 15 feet of the property or which
may be affected by the proposed grading operations.
N.
An
estimate of the cost of implementing all grading improvements submitted
in a form acceptable to the City Engineer.
O.
100-year
floodplain as shown on the most recent FEMA flood insurance rate map
(FIRM), if applicable.
P.
Location,
design, detail, and cross section of all proposed post-construction
BMPs.
Q.
If
applicable, location, design, detail, and cross section of any proposed
shoring.
R.
Setbacks
in accordance with Encinitas Municipal Code Title 30 (Zoning Ordinance);
and
S.
Reference
to any previous or existing permits for the property, including coastal
development permits, use permits or variances.
(Ord. 2008-03)
All the following information shall be provided on the grading
plan by a California registered civil engineer with respect to conditions
existing on the site during land disturbing or filling activities
or soil storage:
A.
A plan
and schedule to reduce erodible soil exposure in the event of rain
must be graphically and verbally described on the grading plan. The
plan and schedule to reduce erodible soil exposure must include, but
may not be limited to, a phased grading schedule, consultation with
the National Weather Service to determine the forecast during the
wet season and plans to have erosion control measures in place on
the site no later than 24 hours prior to the forecasted rain event.
B.
Erosion
control measures must be graphically and verbally described on the
grading plan. The description of erosion control measures may include,
but may not be limited to, geotextile material, mats, bonded fiber
matrix, hydro seeding, vegetation stabilization, preservation of existing
vegetation on site, seeding and planting of ground cover and permanent
landscaping and necessary irrigation.
C.
Flow
control measures must be graphically and verbally described on the
grading plan. The description of flow control measures may include,
but may not be limited to: dikes made of gravel bags, fiber rolls,
use of stabilized earth to reduce flow velocity and trap sediments
and energy dissipaters.
D.
Diversion
of runoff and nuisance flow around the areas subject to construction
must be graphically and verbally described on the grading plan. The
diversion of runoff may include, but may not be limited to: runoff
from off-site, conveyance of concentrated flows via lined ditches
or pipes, flows directed away from the construction area and away
from and over slopes via installation of pipes and lined ditches.
E.
Sediment
control devices must be graphically and verbally described on the
grading plan. The description of sediment control devices may include,
but may not be limited to: storm drain inlet protection by installation
of check dams around, but not blocking the inlets, silt fences, gravel
bags, berms, fiber rolls, desilting and sediment basins and stabilized
construction entrances/exits.
F.
The
management of waste on the construction site must be graphically and
verbally described on the grading plan. The description of the waste
management plan may include, but may not be limited to: inclusion
of a 24-hour emergency contact plan, spoil prevention and control,
solid waste management, hazardous waste management, liquid waste management,
concrete wash outs, and storage of minimum qualities of material on
site for spill control.
G.
Any
additional measures as required by the City Engineer to temporarily
stabilize and reseed disturbed soil areas to protect the Waters of
the State.
H.
For
bonding purposes, an estimate of the cost of implementing and maintaining
all interim erosion and sediment control measures must be submitted
in a form acceptable to the City Engineer.
(Ord. 2008-03)
All the following information shall be provided by a California
registered civil engineer with respect to conditions existing on the
site after final structures and improvements (except those required
under this section) have been completed and where these final structures
have not been covered by an interim plan:
A.
Maximum
runoff from the site shall be calculated using the method approved
by the City Engineer.
B.
The
final plan shall also contain the following information:
1.
A
description of and specifications for sediment retention devices;
2.
A
description of and specifications for surface runoff and erosion control
devices;
3.
A
description of vegetative measures prepared by a landscape architect;
4.
A
description and illustration of permanent landscape and irrigation
for grading of slopes four feet or higher or where erosion potential
exists, based upon a review of the plans by the City Engineer;
5.
A
graphic representation of the location of all items in paragraphs
1 through 4 of this subsection; and
6.
A
description of the maintenance necessary for proper functioning of
the stormwater runoff and erosion control methods used for the site,
a maintenance schedule, and names and addresses of the persons who
will perform the maintenance.
C.
For
bonding purposes, an estimate of the costs of implementing all final
erosion and sediment control measures must be submitted in a form
acceptable to the City Engineer.
D.
The
required elements of the grading plan and the final erosion and sediment
control plan must be combined onto one plan.
(Ord. 2008-03)
A soil engineering report, when required by the City Engineer, shall be prepared and certified by a California registered soils engineer and shall be based on adequate and necessary test borings, and shall, unless otherwise stipulated in Municipal Code Chapter 30.34, contain all the following information:
A.
A description
of site conditions addressing on-site soils and geological conditions.
B.
A description
of site geology and seismic and regional geology.
C.
Information
relative to current and past use of the site if applicable.
D.
Evaluation
and description of on-site soils and geological problems including,
but not limited to fill, undocumented fill, compressible material,
groundwater seepage, slope stability, liquefaction, collapsible soils,
landslide and erosion. A minimum factor of safety of 1.5 shall be
used for static slope stability analysis.
E.
Evaluation
and description of subsurface soil conditions based upon excavation
of adequate numbers of boreholes and/or trenches. Results of laboratory
soil tests providing adequate information on soil type and strength.
F.
Conclusions
and recommendations addressing grading procedures, soil stabilization
during and post-construction, foundation design, and slope stability.
G.
Recommendations
for corrective measures relative to other potential site geotechnical
issues such as temporary shoring, interim slopes during construction,
expansive soils, liquefaction, collapsible soils, consolidation, undocumented
fill, compressible material, soil erosion, seepage, and landslide.
H.
All
recommended measures shall be shown on the proposed grading plans
or improvement plans.
Recommendations included in the report and approved by the City
Engineer shall be incorporated in the grading plans or specifications.
(Ord. 2008-03)
In addition to a soils report, an engineering geology report will be required when the City Engineer determines that the proposed development is located within an existing or a potential geologic hazardous area. Geological hazardous area is referred to as areas subject to landslide, faulting, or other hazards identified by the City Engineer. The report shall be prepared by a California certified engineering geologist and California certified civil engineer or geotechnical engineer and shall be based on adequate and necessary test borings and shall, unless otherwise stipulated in Municipal Code Chapter 30.34, contain the following information.
A.
An
adequate description of the geology of the site and its effect on
the proposed grading/development of the site.
B.
Conclusions
and recommendations regarding the mitigation of geologic conditions
on the proposed development.
C.
Faulting
and seismic evaluation of the site.
D.
Opinions
and recommendations covering the adequacy of the sites to be developed
by the proposed grading.
E.
The
report shall contain a geologic map and cross-sections.
F.
Large
diameter boring and downhole logging of boring will be required to
evaluate landsliding and slope stability issues.
G.
Recommendations
included in the report and approved by the City Engineer shall be
incorporated in the grading plans or specifications.
(Ord. 2008-03; Ord. 2017-03)
A landscape and irrigation plan and cost estimate, when required
by the City Engineer, shall be prepared by a person authorized by
the State of California Business and Professions Code to prepare landscape
and irrigation plans. All landscape and irrigation plans prepared
shall conform to all the requirements set forth in the City landscape
guidelines manual. All landscaping and irrigation shall be completed
as early as feasible.
(Ord. 2008-03)
The applicant must submit a master work schedule showing the
following information prior to issuance of permit:
A.
Proposed
grading schedule.
B.
Proposed
schedule for installation of all interim erosion and sediment control
measures.
C.
Schedule
for construction of final improvements, if any.
D.
Schedule
for installation of permanent erosion and sediment control devices
where required.
(Ord. 2008-03)
A.
The
City Engineer shall only require security to be posted for items of
work which, if not completed by the applicant, may impact public health,
safety, erosion control, stormwater pollution control or result in
a visual impact as determined by the City Engineer. For purposes of
inspection fee calculations, all engineering work shall be included.
The security shall be in the form of one or more of the following
as determined by the City Engineer:
1.
A
deposit of money or negotiable securities of the kind approved for
securing deposits of public monies.
2.
An
instrument of credit from one or more financial institutions subject
to regulation by the state or federal government and pledging that
the funds necessary to carry out the permitted works are on deposit
and guaranteed for payment, or a letter of credit issued by such a
financial institution.
3.
A
performance bond with an automatic renewal provision from an approved
bonding company. Bonding may be for up to a maximum of 80% of the
total security required by the permit with the remaining portion of
the required security in the form of cash or approved instrument of
credit.
B.
The
security shall be conditioned upon the payment to the City of any
costs incurred by the City in completing the required work or in employing
a contractor to complete such work. Whenever the City Engineer finds
that a default has occurred in the performance of any term or condition
of work authorized by a permit, written notice shall be given of such
default to the permittee by the City Engineer. Such notice shall state
the work remaining to be done, and the time estimated by the City
Engineer to be necessary for the completion of work. After receipt
of such notice, the permittee must, within the time specified, satisfactorily
complete the permitted work.
C.
If
the default is not corrected by the permittee within the time specified,
the City Engineer shall proceed without delay and without further
notice of proceedings to use the security or any portion thereof to
complete the required work. The balance, if any, of any cash deposit
shall, upon completion of the work, be returned to the depositor or
to appropriate successors or assigns after deducting the cost of the
work.
(Ord. 2008-03)
A.
Before
accepting a grading permit application and plans and specifications
for checking, the City Engineer shall collect a plan checking and
application processing fee or deposit, as approved by resolution of
the City Council.
B.
A fee
for each grading permit shall be collected by the City Engineer prior
to issuance of a grading permit as approved by resolution of the City
Council.
C.
If
a deposit account is established, any portion of the deposit not used
to cover the actual costs of the City in processing a permit application
will be refunded, but no funds will be released until all billings
are in, and until final acceptance of the work by the City Engineer.
In determining the actual costs incurred by the City in connection
with the processing of grading permits, the costs as recorded by the
Director of Finance shall be prima facie evidence of actual costs
of services performed by the City.
D.
Failure
to pay fees and obtain a permit before commencing work shall be deemed
a violation of this chapter, except when it can be proven to the satisfaction
of the City Engineer that an emergency existed which made it impractical
to first obtain the permit. A violation shall result in an assessment
of double permit fees for work done prior to permit issuance. Payment
of a double fee shall not relieve any person from fully complying
with the requirements of this chapter nor from any other penalties
prescribed herein.
E.
Additional
fees approved by resolution of the City Council shall be collected
as required by the City Engineer.
F.
If
the City Engineer performs emergency work on private property, the
City shall charge the property owner all direct and indirect costs
that are necessary to complete the work in the quality expected by
standard engineering practices. In addition, the City Engineer may
charge a mobilization cost equal to 10% of the cost for performing
the work.
G.
The
State of California, its political subdivisions or other governmental
agencies shall file applications for permits and shall be issued permits
as required by this chapter; provided, however, that no fees shall
be required for work to be performed directly by the State of California,
its political subdivisions or other governmental agencies. Contractors
working for the State of California, its political subdivisions, or
other governmental agencies shall obtain a permit and shall pay all
applicable permit fees.
(Ord. 2008-03; Ord. 2017-03)
All grading permits shall be subject to the following limitations
and conditions:
A.
General
Conditions. 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 grading plans and specifications approved
by the City Engineer. If a grading plan shows work beyond the property,
or the work proposed impacts adjacent properties, appropriate agreements/easements
shall be secured to the satisfaction of the City Engineer by the applicant
prior to commencement of construction.
B.
Jurisdictions
of Other Agencies. Permits issued under the provisions of this Code
shall not relieve the owner of the responsibility for securing permits
or licenses that may be required from other City departments or other
governing agencies. All grading plans and grading operations shall
comply with the State Water Resources Control Board regulations in
effect at the time of the grading.
Within the Coastal Zone, any permits issued pursuant to this
chapter shall, at the minimum, comply with the San Diego County Municipal
Stormwater NPDES Permit (San Diego RWQCB Order No. R9-2007-0001) dated
January 24, 2007 and the General Permit for Discharges of Stormwater
Associated with Construction Activity (99-08-DWQ). All permits issued
within the Coastal Zone pursuant to this chapter must also comply
with all other provisions of the certified LCP.
C.
Conditions
of Approval. In granting any permit under this Code, the City Engineer
may attach such conditions as may be reasonably necessary to prevent
creation of a nuisance or threat to public or private property. Such
conditions may include, but shall not be limited to:
D.
Modification
of Approved Plans. Any modifications of or changes to the approved
grading plans must be approved by the City Engineer. Modifications
which significantly affect the tract layout, land use, or conditions
of approval must have the approval of the appropriate authorizing
agency. Approval shall only be considered at a properly noticed public
meeting. All property owners within 500 feet of the permit site shall
be notified of the meeting.
E.
It shall be a condition of every permit issued under this chapter that the applicant shall comply with all the provisions of the City of Encinitas Watercourse Protection, Stormwater Management and Discharge Control Ordinance in Chapter 20.08 of this Code and City of Encinitas BMP Design Manual, Part II.
(Ord. 2008-03; Ord. 2009-03)
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
therein or, if no time is so specified, within 180 days after the
date of issuance of the permit. The time limit specified may be extended
by the City Engineer upon written request of the permittee, owner
or surety, if in the discretion of the City Engineer, good and sufficient
cause has been shown.
B.
Every
permit issued shall expire by limitation and become null and void
if the work authorized by such permit is not commenced within 90 days
from the date of such permit, or if the work authorized by such permit
is suspended or abandoned at any time after the work is commenced
for a period on 90 days.
C.
In
order to revalidate an expired permit the permittee shall resubmit
all required application forms, maps, plans, reports, schedules, and
security to the City Engineer except where an item to be resubmitted
is waived by the City Engineer. The City Engineer may require additional
fees to be paid.
D.
If
a permit is not issued in accordance with the approved plans within
90 days from the date of such approval by the City Engineer, the applicant
shall resubmit updated application forms, maps, plans, reports, schedules,
and security to the City Engineer for review and re-approval. The
City Engineer may waive the resubmittal if the original material is
found by the City Engineer to meet necessary standard engineering
practices.
(Ord. 2008-03)
A permit issued pursuant to this chapter may be assigned, provided:
A.
The
permittee notifies the City Engineer of the proposed assignment.
B.
The
proposed assignee:
1.
Submits
an application form pursuant to this chapter; and
2.
Agrees
in writing to all the conditions and duties imposed by the permit;
and
3.
Agrees
in writing to assume responsibility for all work performed prior to
the assignment; and
4.
Provides
security pursuant to this chapter; and
5.
Agrees
to pay all applicable fees.
C.
The
City Engineer approves the assignment.
|
The City Engineer shall set forth in writing the reasons for
his/her approval or disapproval of an assignment.
|
(Ord. 2008-03)
A.
Unless
approved corrections are made to the grading plan, a grading permit
shall not be issued if any of the conditions under paragraphs 1 through
3 of this subsection are found to exist.
1.
Hazardous
Grading. The City Engineer finds that the work, as proposed by the
applicant, will damage any private or public property, or interfere
with any existing drainage course in a manner which may cause damage
to any adjacent property, or result in the depositing of debris on
any public way, or create an unreasonable hazard to person or property,
or cause or contribute to an exceedance of state water quality objectives,
or fails to reduce pollutants from the site to the maximum extent
practicable. If it can be shown, to the satisfaction of the City Engineer,
that the hazard can be essentially eliminated by the construction
of retaining structures, buttress fills, drainage structures, construction
and post construction BMPs, or by other facilities and means, the
City Engineer may issue the grading permit on the condition that such
construction work is shown on the grading plans and installed as part
of the grading permit.
2.
Geological
Hazard. If, in the opinion of the City Engineer, the land area for
which grading is proposed is subject to geological hazard to the extent
that no reasonable amount of corrective work can eliminate or sufficiently
reduce the hazard to person or property, the grading permit shall
be denied.
3.
Flood
Hazard. If, in the opinion of the City Engineer, the land area for
which grading is proposed is subject to flood hazard, the plans showing
the corrective work proposed to be done must be approved by the City
Engineer before issuance of a permit.
4.
Subdivision
or Use Permit. Under either of the following circumstances, a grading
permit shall not be issued unless and until a Tentative Map or subdivision
has been approved or conditionally approved or a use permit issued:
a.
If the purpose of the proposed grading as stated in the application
is to prepare the land for subdivision or for some use for which a
use permit is required; or
b.
Notwithstanding the purpose of the proposed grading, as stated in
the application, if the City Engineer and the Director of Planning
and Building find that the purpose of the proposed grading is to prepare
the land for subdivision, or for some use for which a use permit is
required.
B.
Permit
Suspension. The City Engineer shall suspend the grading permit and
issue a stop work order, and permittee shall cease all work on the
work site, except work necessary to remedy the cause of the suspension,
upon notification of such suspension when:
1.
The
City Engineer determines that the permit was issued in error or on
the basis of incorrect or incomplete information supplied, or in violation
of any ordinance or regulation or the provisions of this chapter.
2.
Permittee
fails to submit reports when required under this chapter.
3.
Inspection
by the City Engineer reveals that the work or the work site:
4.
Permittee
fails to comply with an order to modify the grading and/or grading
plan within the time limits imposed by the City Engineer.
5.
Permittee fails to properly provide for wet season activity, as required by this chapter, or fails to comply with all of the provisions of the City of Encinitas Watercourse Protection, Stormwater Management and Discharge Control Ordinance in Chapter 20.08 of this Code, the Best Management Practice Manual, and the State Regional Water Quality Board Permit.
6.
Permittee
fails to construct grading and improvements consistent with the approved
grading plan and approved revisions to the plan.
7.
The
City Engineer shall reinstate a suspended permit upon permittee's
correction of the cause of the suspension.
C.
Permit
Revocation. The City Engineer shall first have resort to the procedures
set forth in this section before any other enforcement procedure set
forth in this chapter.
1.
The
City Engineer shall revoke the grading permit if permittee fails or
refuses to perform corrective grading work, as required under subparagraphs
a through c below.
a.
Permittee refuses to stop work after suspension of the permit and
receipt of a stop work order or work suspension notification.
b.
Permittee stops construction for a cumulative total of 90 days or
longer. For the purpose of this section, "stops construction" shall
mean that the City Engineer finds that no significant construction
activities have taken place on the project site.
c.
Permittee has failed to remedy the cause of a work suspension within
90 days following the work suspension.
2.
The
City Engineer shall not reinstate a revoked permit.
3.
When
a grading permit is revoked in accordance with the provisions of this
chapter, the City Engineer shall utilize the project security to remedy
the causes of the permit revocation.
(Ord. 2008-03)
Where an applicant does not plan to construct permanent improvements
on the site, or plans to leave portions of the site graded but unimproved,
applicant shall:
A.
Meet
all the requirements of this chapter, including an interim plan designed
to control runoff and erosion on the site for the period of time during
which the site, or portions thereof, remain unimproved, and also shall
include a description of the maintenance necessary for proper functioning
of the stormwater runoff and erosion control methods used for the
site, a maintenance schedule, and names and addresses of the persons
who will perform the maintenance; and
(Ord. 2008-03)
The City Engineer shall issue a permit upon approval of a grading
plan, and where required, interim plan, final plan, soil engineering
report, and engineering geology report, deposit of appropriate security
and payment of fees. A permit shall be issued subject to the following
conditions:
A.
The
permittee shall maintain a copy of the permit, approved plans and
reports required under this chapter on the work site and available
for public inspection during all working hours.
B.
The
permittee shall, at all times, be in conformity with approved grading
plan, interim and final plans.
(Ord. 2008-03)
A.
All
grading operations for which a permit is required shall be subject
to inspection by the City Engineer or authorized representative.
B.
Prior
to the approval of any building or grading plans and specifications,
the City Engineer may inspect the site to determine that the plans
and specifications are current and reflect existing conditions.
C.
The
permittee, or authorized agent, shall notify the City Engineer when
the following grading operations are ready for inspection:
1.
Pre-job
Inspections and Meetings. Prior to any grading, brushing, or clearing,
there shall be a pre-grading meeting held on the site. Prior to construction
of any public improvements, there shall be a pre-construction meeting
held on the site. If required by the City, as applicable to the specific
construction of the project, the project geologist, civil engineer
of record, contractor, and owner or developer must be in attendance.
The permittee, or authorized agent, shall notify the City Engineer
at least two working days prior to the meetings and shall be responsible
for notifying all principals responsible for grading or paving related
operations.
2.
Grading
Operation Inspections. It shall be the duty of the person doing the
work authorized by a permit to notify the City Engineer at least 24
hours prior to the work being ready for the following inspections:
a.
Excavation and Fill Inspection.
i.
Canyon Cleanout. After all brush and unsuitable material has been
removed and an acceptable base has been exposed, but before any fill
is placed.
ii.
Toe Bench and Key. After the natural ground or bed rock is exposed
and prepared to receive fill, but before fill is placed.
iii.
Over-Excavation. After the area has been excavated but before
fill is placed.
iv.
Excavation. After the excavation is started, but before the vertical
depth of the excavation exceeds 10 feet, and every 10 feet interval
thereafter. Continuation of this excavation operation need not await
the arrival of the grading inspector provided that proper notification
has been made to the City Engineer.
v.
Fill. After the fill has started, but before the vertical height
of the fill exceeds 10 feet, and every 10 feet interval thereafter.
Continuation of this fill operation need not await the arrival of
the grading inspector provided that proper notification has been made
to the City Engineer.
vi.
Rough grade inspection shall include inspection by City geologist
on geologic related items, if required.
vii.
The site geologist or geotechnical engineer shall provide documentation
of the acceptability of all excavations prior to fill.
viii.
Adequate time shall be allowed for City inspectors, the project
civil engineer and project geotechnical engineer to perform all required
inspections.
b.
Concrete or Gunite Drainage Device Inspection.
i.
Alley Gutter and/or Concrete Device Draining Asphalt.
(A)
Subgrade (Prior to Placement of Concrete). Subgrade is to be
prepared and required reinforcement placed. The civil engineer shall
provide a field memo that line and grade is set in accordance with
the approved plans. The geotechnical engineer shall provide a field
memo documenting that subgrade soils have been properly prepared.
(B)
Concrete Placement. Concrete placement need not await the arrival
of the grading inspector provided proper notification has been made
to the City Engineer.
ii.
Curb and Gutter (Private Property).
(A)
Subgrade (Prior to Placement of Concrete). Subgrade is to be
made, forms and reinforcement are to be placed. The civil engineer
shall provide a field memo that line and grade is set in accordance
with the approved plans. The geotechnical engineer shall provide a
field memo documenting that subgrade soils have been properly prepared.
(B)
Concrete Placement. Concrete placement need not await the arrival
of the grading inspector provided proper notification has been made
to the City Engineer.
iii.
Terrace Drains, Down Drains, and All Other Paved Drainage Devices.
(A)
Subgrade (Prior to Placement of Welded Wire Mesh or Reinforcing
Steel). The civil engineer shall provide a field memo that line and
grade is set in accordance with the approved plans.
(B)
Reinforcement. Reinforcing steel or welded wire mesh are to
be installed but prior to placement of gunite or concrete.
(C)
Concrete Placement. Concrete placement need not await the arrival
of the grading inspector provided proper notification has been made
to the City Engineer.
c.
Drainage Device Other Than Concrete or Gunite Inspection.
i.
Subdrains.
(A)
After excavation but prior to placement of filter material and
pipe. The subdrain pipe and filter material shall be onsite for inspection.
(B)
After filter material and subdrain has been placed but prior
to covering with backfill. The project civil engineer shall survey
and verify the location and grade of all subdrains prior to backfill.
ii.
Storm Drains and Inlets.
(A)
After placement of storm drains but prior to covering with backfill.
The civil engineer shall provide a field memo that line and grade
is set in accordance with the approved plans.
(B)
After placement of inlet forms, but prior to pouring concrete.
The civil engineer shall provide a field memo that line and grade
is set in accordance with the approved plans.
d.
Rough Grade Inspection. When all rough grading has been completed.
Under normal circumstances, all subdrains and slope drains shall be
in place and approved as a condition for rough grading approval.
e.
Final Inspection. After all work, including installation of all drainage
structures and other protective devices, has been completed and all
written professional approvals and the required reports have been
submitted. An as-built plan will be required to document any changes
made to the project in the field.
f.
Erosion Control Facilities.
i.
After excavation of desilting basins, but prior to fill placement.
Prefabricated devices are to be available onsite for inspection.
ii.
After fill placement for desilting basins, but prior to placement
of concrete or other non-erosive materials.
iii.
After completion of an erosion control system in accordance
with an approved erosion control plan and the requirements of the
City Engineer.
D.
If
the inspector finds the soil or other conditions not as stated in
the approved plans and soil or geology reports or as in additional
information which was required for issuance of the grading permit,
the inspector may, using reasonable judgment, refuse to allow further
work until approval is obtained for a revised grading plan which will
conform to the conditions.
E.
The
provisions of the Uniform Building Code regulating stop orders shall
apply to all grading work and whenever the City Engineer determines
that any work does not comply with the terms of a permit, or this
chapter, or that the soil or other conditions are not as stated on
the permit, the City Engineer may order the work stopped by notice
in writing served on any persons engaged in doing or causing of such
work to be done and any such persons shall forth-with stop such work
until authorized by the City Engineer to proceed with the work.
F.
Prior
to the issuance of building permits for a graded site, the rough grading
shall be completed in accordance with this section and to the satisfaction
of the responsible civil engineer, or architect, engineering geologist,
soil engineer, and the City Engineer.
G.
Whenever
any work on which inspections are required is covered or concealed
by additional work without first having been inspected, the City Engineer
may require by written notice, that such work be exposed for examination.
The work of exposing and recovering shall not entail or be subject
to expense by the City.
(Ord. 2008-03)
A.
It
shall be the responsibility of the civil engineer, who prepares the
grading plan approved by the City Engineer to incorporate all recommendations
from the soil engineering and engineering geology reports into the
grading plan. The civil engineer of record shall also be responsible
for the professional inspection and approval of the grading within
the civil engineer's approved area of technical specialty. 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 project civil engineer and/or general contractor shall act
as the coordinating agent in the event the need arises for liaison
between the project professional grading contractor, and the City
Engineer. The civil engineer who prepares and signs the grading plan
shall also be responsible for the preparation of revised plans, erosion
control plans, and the submission of as-graded grading plans when
required by the City Engineer upon completion of the work. The soil
engineer and engineering geologist shall review and sign the grading
plans, if required by the City Engineer to assure inclusion of the
recommendation.
B.
Soil
engineering and engineering geology reports shall be required as specified
in this chapter. During grading, all necessary reports, compaction
data, soil engineering and engineering geology recommendations shall
be submitted to the owner by the soil engineer and engineering geologist.
The owner shall submit copies of the report to the civil engineer
and two copies of all reports to the City Engineer.
C.
The
soil engineer's area of responsibility shall include, but need not
be limited to, the professional inspection and approval concerning
the preparation of ground to receive fills, testing for required compaction,
stability of all final slopes, design of buttress fills, subdrain
installation and incorporation of data supplied by the engineering
geologist.
D.
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, the stability
of cut slopes with respect to geological matters, and the need for
subdrains or other groundwater drainage devices. The engineering geologist
shall report professional findings to the soil engineer and the civil
engineer for engineering analysis. The engineering geologist shall
inspect unsuitable soil removal, placement of subdrain and preparation
of benching prior to placement of fill.
E.
The
City Engineer or authorized representative shall inspect the project
work at various stages in accordance with the Municipal Code and standard
engineering practices. The number and frequency of inspections may
be modified by the City Engineer if the work involved requires additional
or fewer inspections.
F.
When
preliminary soil engineering reports are not required by the City
Engineer, inspection and testing by a certified testing agency shall
be required if grading is proposed. The testing agency's responsibility
shall include, but need not be limited to, approval of cleared areas
and benches to receive fill, and the compaction of fills.
G.
If
the civil engineer, the soil engineer, the engineering geologist,
or the testing agency finds that the work is not being done in conformance
with the provisions of the approved specifications and grading plans,
the discrepancies shall be reported immediately in writing to the
person in charge of the grading work. Recommendations for corrective
measures, if necessary, shall be submitted to the owner. The owner
shall submit two copies of all recommendations and reports to the
City Engineer.
H.
Protection
of Utilities. During grading operations the permittee shall be responsible
for the prevention of damage to any public utilities or services both
within the limits of grading and along any routes of travel of equipment.
I.
Protection
of Adjacent Property. The permittee, under the grading permit, 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.
J.
Cross Lot Drainage. Cross lot drainage is not allowed unless, based on evidence submitted and reviewed, the City Engineer finds that the runoff has historically crossed the property lines and construction of a drainage system to receive and convey runoff is not economically feasible. If cross lot drainage is found to be allowable by the City Engineer, the applicant is responsible for providing a design that complies with the State of California and City of Encinitas drainage codes, practices and procedures. The design of cross lot drainage shall include flow control and a discharge system that mimics pre-development conditions of the project site and the receiving site or sites. The City Engineer may also require installation of an infiltration system to reduce nuisance flow and runoff volume. Refer also to Municipal Code Chapter 30.34 for additional requirements pertaining to properties located on or adjacent to bluffs.
(Ord. 2008-03)
Upon completion of the rough grading work and at the final completion
of the work under the grading permit but prior to the issuance of
building permits or release of grading securities or issuance of a
certificate of use and occupancy, the City Engineer may require:
A.
An
as-graded grading plan prepared by the civil engineer, which shall
include corrected original ground surface elevations, if necessary,
graded ground surface elevations, lot drainage patterns, manufactured
slope inclination, and location of all drainage facilities and subdrains.
B.
A written
approval by the civil engineer approving the grading as being substantially
in conformance with the approved grading plan and which specifically
approves the following items as appropriate to the project and stage
of grading:
1.
Construction
of line and grade for all engineered drainage devices and retaining
walls (rough and final grading releases).
2.
Staking
of property corners for proper building location if appropriate (rough
grading release).
3.
Setting
of all monuments in accordance with the recorded tract map if applicable
(rough or final grading release).
4.
Location
of permanent walls or structures on property corners or property lines
where monumentation is not required (final grading release).
5.
Location
and inclination of all manufactured slopes (rough and final grading
release).
6.
Construction
of earthen berms and positive building pad drainage (rough and final
grading releases).
7.
Construction
of all post-construction BMPs in accordance with the approved grading
plans.
C.
A soil
engineering report prepared by the soil engineer, including type of
field testing performed, suitability of utility trench and retaining
wall backfill, summaries of field and laboratory tests and other substantiating
data, and comments on any changes made during grading and their effect
on the recommendations made in the soil engineering investigation
report. Each field density test shall be identified, located on a
plan or map, the elevation of test and finish grade elevation shown,
and the method of obtaining the in-place density described, either
ASTM Soil Compaction Test D-1557-70 or the approved equal shall be
so noted. The soil engineer shall provide a written approval as to
the adequacy of the site for the intended use, as affected by soil
engineering factors. The City Engineer may require that the soil tests
or testing be performed by an approved testing agency under the supervision
of a licensed civil engineer.
D.
A geology
report if required prepared by the engineering geologist, including
a final description of the geology of the site including any new information
disclosed during the grading, and the effect of same on recommendations
incorporated in the approved grading plan. The engineering geologist
shall provide a written approval as to the adequacy of the site for
the intended use as affected by geologic factors and when required
by the City Engineer, shall submit an as-built geologic map.
E.
An executed contract, secured by the methods described in Section 23.24.210 of this chapter, for maintenance of final erosion control plan runoff and erosion control measures for up to a three year period.
G.
The
permitted grading work will not be considered complete until all requirements
of this section have been fulfilled and the grading permit receives
a final approval signature by the City Engineer.
(Ord. 2008-03)
Grading and equipment operations within one-half mile of a structure for human occupancy shall not be conducted between the hours of 5:30 p.m. and 7:30 a.m. nor on Saturdays, Sundays, and City recognized holidays. The City Engineer may, however, permit grading or equipment operations during specific hours after 5:30 p.m. or before 7:30 a.m. if the City Engineer determines that such operations are not detrimental to the health, safety, or welfare of the inhabitants of such a structure and that the modified hours are consistent with Chapter 9.32 of the Municipal Code regulating times of construction and use of construction equipment.
Permitted hours of operation may be shortened by the City Engineer's
finding of a previously unforeseen effect on the health, safety, or
welfare of the surrounding community.
(Ord. 2008-03)
A.
Any
grading commenced or done contrary to the provisions of this chapter,
or other violation of this chapter, shall be, and the same is declared
to be, a public nuisance. Upon order of the City Council, the City
Attorney shall commence necessary proceedings for the abatement of
any such public nuisance in the manner provided by law. Any failure,
refusal, or neglect to obtain a permit as required by this chapter
shall be prima facie evidence of the fact that a public nuisance has
been committed in connection with any grading commenced or done contrary
to the provisions of this chapter.
B.
In
the event that grading is commenced without a permit, the City Engineer
shall cause such work to be stopped until a permit is obtained. The
permit fee, in such instance, shall then be double that which would
normally be required. The payment of such double fee shall not relieve
any person from fully complying with the requirements of this chapter
and the performance of the work. Such fee shall not be construed to
be a penalty, but for enforcement of the provisions of this chapter
in such cases.
In the event that any grading is commenced or done contrary
to the provisions of this chapter or of the grading permit, the City
Engineer may cause to be recorded with the County Recorder a notice
of grading violation for the property. The City Engineer shall cause
the notice of grading violation to be removed when the City Engineer
determines that the violation no longer exists.
C.
Any person who commences or does any grading in violation of this chapter is guilty of a misdemeanor. Every day that a violation of this chapter is committed, continued or permitted to exist is a separate violation, punishable as provided in this Code (see Chapter 1.08).
D.
Any
grading or clearing which has been verified by a city field inspection
of the property to be in violation of this chapter, may be grounds
for denying all applications for grading permits, use permits, major
and minor subdivisions, rezones, specific plans, specific plan amendments,
and general plan amendments proposed for the property on which the
violation occurred until the land and vegetation unlawfully disturbed
are, as feasible, restored to their pregrading/clearing condition.
In-lieu of a restoration grading plan, the City Engineer may authorize
submittal of a grading plan showing grading and corrective measures
necessary to bring the unauthorized grading into conformance with
the Municipal Code. No other City permits, unless the permits are
needed for correcting the unauthorized grading or clearing, may be
issued on the property unless the unauthorized grading or clearing
has been properly permitted. The permitting process to correct the
unauthorized grading may include, but may not be limited to, review
by the Planning Department, the Planning Commission or other authorized
body of an application for a coastal development permit, a review
under the California Environmental Quality Act, a permit for development
of constrained property or other required permits for the intended
use of the property. The City Engineer may not issue a grading permit
to correct the unauthorized grading until all other Encinitas Municipal
Code requirements have been satisfied to the satisfaction of the City
Engineer.
(Ord. 2008-03)
The City Engineer may act against the appropriate security if
any of the conditions listed in subsections A through D of this section
exists. The City Engineer shall use funds from the appropriate security
to finance remedial work under taken by the City or a private contractor
under contract to the City, and to reimburse the City for all direct
costs incurred in the process of the remedial work.
A.
The
permittee ceases land-disturbing activities and/or filling and abandons
the work site prior to completion of the grading plan.
B.
The
permittee fails to conform to the interim plan or final plan, as approved
or as modified under this chapter and has had his/her permit revoked
under provisions of this chapter.
C.
The
techniques utilized under the interim or final plan fail within one
year of installation, or before a final plan is implemented for the
site or portions of the site, whichever is later.
D.
The
City Engineer determines that action by the City is necessary to provide
for the public safety, to prevent excessive erosion from occurring
on the site or to otherwise protect water quality.
(Ord. 2008-03)
Security deposited with the City for faithful performance of
the grading and erosion control work and to finance necessary remedial
work shall be released according to the following schedule:
A.
Securities
held against the successful completion of the grading plan and the
interim erosion control plan shall be released to the permittee at
the completion of work, provided no action against such security is
filed prior to that date.
B.
Securities
held against the successful completion of the final erosion control
plan shall be released to the permittee one year after completion
of work, provided no action against such security has been filed prior
to that date.
C.
Securities
held for maintenance of runoff and erosion control measures shall
be held for the period required by this chapter.
(Ord. 2008-03)
If the civil engineer, the soil engineer, the engineering geologist,
the testing agency or the grading contractor of record are changed
during the course of the work, the work shall be stopped unless and
until: (1) the owner submits a letter of notification verifying the
change of the responsible professional; and (2) the new responsible
professional submits in writing that all prior reports and/or plans
(specified by date and title) and work performed by the prior responsible
professional have been properly reviewed and all findings, conclusions,
and recommendations are appropriate, and the work performed is consistent
with standard engineering practices. The new responsible professional
may modify or revise recommendations, specifications or work performed
if accompanied by supporting data and approved by the City Engineer.
The new responsible professional must state that all responsibility
within the purview of the area of professional responsibility is assumed
as of a specified date. All exceptions must be justified in writing
to the satisfaction of the City Engineer.
(Ord. 2008-03)
A.
Grading
shall be minimized during the wet season to the extent feasible. Grading
operations shall be phased as necessary to allow minimal exposure
of disturbed soils during the grading operation. If grading does occur
during the wet season, the City Engineer may require the applicant
to implement additional best management practices for any rain events
that may occur. No grading permit shall be issued for work occurring
from October 1st to April 30th unless the plans include details of
protective measures, including de-silting basins or other temporary
drainage control measures, or both, as may be deemed necessary by
the City Engineer to protect adjoining public and private property
or the Waters of the State from damage by erosion, flooding, or the
deposit of mud or debris which may originate from the site or result
from grading operations.
B.
If
grading is begun prior to October 1st, all protective measures shall
be installed prior to October 1st. If grading is begun on or after
October 1st, all protective measures shall be installed before grading
is begun. All protective measures shall be maintained in good working
order until April 30th of the succeeding year, where grading is done
between October 1st and December 31st, or until April 30th of the
same year where grading is done between January 1st and April 30th,
unless their removal at an earlier date is approved by the City Engineer.
C.
Where
a grading permit is issued and the work is commenced after April 15th
and before September 15th of any year, and the permit was issued without
an interim erosion and sediment control plan, and it appears that
the grading and installation of the permanent drainage devices as
authorized by the permit will not be completed prior to October 1st,
then on or before September 15th, the owner of the site on which the
grading is being performed shall file or cause to be filed with the
City Engineer an interim erosion and sediment control plan as provided
for in this chapter and shall implement the measures contained in
the approved plan by October 1st.
The plan check fee for the interim erosion and sediment control
plan shall be paid at the time of plan submittal and shall be in the
amount provided for in this chapter.
D.
For
continuation of grading activities, other than installation, maintenance,
or repair of measures on the erosion control plans, during the wet
season, permittee must apply for and receive, every seven days, special
permission to proceed.
E.
The
City Engineer shall grant permission under this section on the basis
of weather forecasts, site conditions, experience and other pertinent
factors which indicate the activity may commence or continue without
excessive erosion occurring.
F.
Should
the permittee fail to submit the plans, fail to provide the protective
measures or fail to obtain permission for wet season activities as
required by this chapter by the dates specified therein, it shall
be deemed that a default has occurred under the conditions of the
grading permit security. Thereupon the City Engineer may enter the
property for the purpose of installing, by City forces or by other
means, the drainage and erosion control devices shown on the approved
plans, or if there are not approved plans, as may be deemed necessary
to protect adjoining property from storm damage, or the City Engineer
may cause the owner of the site to be prosecuted as a violator of
this Code, or both actions may be taken.
G.
The
City Engineer shall have the authority to require implementation of
all erosion control systems and requirements at any time of the year.
(Ord. 2008-03)
A.
Erosion
prevention shall be considered the most important erosion control
measure, with sediment controls as a necessary backup. The faces of
cut and fill slopes and the project site shall be prepared and maintained
to control against erosion and runoff in accordance with this chapter.
Where cut slopes are not subject to erosion due to the erosion-resistant
character of the materials, such protection may be omitted only upon
approval of the City Engineer.
B.
Paved
streets, sidewalks, and other improvements shall be maintained in
a neat and clean condition free of loose soil, construction debris
and trash. Street sweeping or other equally effective means shall
be used on a regular basis to prevent storm flows from carrying sediment
and debris outside the project boundaries. Watering shall not be used
to clean streets except for fine material not otherwise removed by
sweeping or other mechanical means.
C.
The
registered civil engineer who prepared the grading plan and designed
the erosion control devices shall be responsible for modification
of the design of devices, as necessary, during the rainy season.
D.
Desilting
facilities shall be provided at drainage outlets from the graded site.
E.
Desilting
basins shall be designed in accordance with City standards. Permanent
desilting facilities shall be designed and constructed as to be aesthetically
compatible with the surrounding development and terrain.
F.
Desilting
basins constructed of compacted earth shall be compacted to a relative
compaction of 90% of maximum density. A soil engineering report, prepared
by the soil engineer, which includes the type of field testing performed,
location and results of testing shall be submitted to the City Engineer
for approval upon completion of the desilting basins.
G.
Equipment
and workers for emergency work shall be made available at all times
during the rainy season. Necessary materials shall be available onsite
and stockpiled at convenient locations to facilitate rapid construction
of temporary device when rain is imminent.
H.
Erosion
protection shall consist of effective planting of all cut slopes in
excess of three feet high and fill slopes more than three feet high
unless otherwise approved by the City Engineer. Slopes exceeding five
feet high will require an approved sprinkler system, as determined
by the City Engineer.
I.
Protection
for the slopes shall be installed as soon as practicable which may
be prior to rough grade approval. Effective planting shall be installed,
fully germinated and effectively cover the required slopes prior to
final approval unless otherwise approved by the City Engineer.
J.
The
erosion control provisions shall take into account drainage patterns
during the current and future phases of grading throughout the rainy
season.
K.
All
removable protective devices shown shall be in place at the end of
each working day when the five-day rain probability forecast exceeds
40%.
L.
Unvegetated
slopes shall be protected in accordance with the guidelines set forth
by the Erosion and Sediment Control Manual or in accordance with other
requirements set forth by the City Engineer.
(Ord. 2008-03)
A.
After
each rainstorm exceeding one-quarter inch in a 12-hour period, silt
and debris shall be removed from all temporary check berms and desilting
basins and the basins pumped dry. The requirement to clean and pump
permanent desilting basins will be addressed on a case by case basis.
No person shall allow the removed silt and debris to enter the stormwater
conveyance system.
B.
After
each rainstorm, the performance of the erosion control system shall
be evaluated and revised and repaired as necessary.
C.
Devices
shall not be moved or modified without the approval of the City Engineer.
D.
The
contractor shall be responsible and shall take necessary precautions
to prevent public trespass onto areas where impounded water creates
a threat to public health, safety and welfare.
E.
The
contractor, the permittee, and project owner shall be jointly and
severally responsible for the continued maintenance of the devices
during the wet season. In the event of failure or refusal by the contractor,
permittee or project owner to maintain the devices, the City Engineer
may cause emergency maintenance work to be done to protect adjacent
private property, public property or the Waters of the State. The
cost shall be charged to the owner and shall include an initial mobilization
cost plus the cost of doing the work as provided for in this chapter.
F.
In
the event the City Engineer must cause emergency maintenance work
to be done, the grading permit may be revoked in writing. The permit
shall not be renewed until an erosion control system approved by the
City Engineer is installed and a fee of one-half the amount required
for the original permit is paid by the owner. The City Engineer may
waive installation of an erosion control system after April 15th.
G.
If
any grading subject to the provisions of this chapter has commenced
on private property without a valid grading permit, the property owner
shall be required to prepare and implement an erosion control plan
which has been approved by the City Engineer. In the event of failure
by the property owner to install an approved erosion control system,
the City Engineer may cause emergency work to be done to protect adjacent
private property, public property or the Waters of the State.
(Ord. 2008-03)
The permittee conducting any earth moving operations under this
chapter shall be responsible for controlling dust at all times. Provisions
for dry season dust control shall be included in the grading plan.
(Ord. 2008-03)
Where transport of earth is proposed on public roadways from
or to the site of an earth grading operation, the following requirements
in subsections A through D of this section shall apply. In those instances
where an excess of 2,000 cubic yards of earth per project site is
transported on public roadways, in addition to the requirements of
subsections A through D of this section, the requirements of subsections
E through G of this section shall also 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 transportation
of earth from or to the project site on public roadways. The permittee
shall be responsible for maintaining public rights-of-way used for
handling purposes in a condition free of dust, earth, or debris attributed
to the grading operation.
B.
Loading
and transportation of earth from or to the site must be accomplished
within the time of operation limitations established in this chapter.
C.
Access
roads to the premises shall be only at points designated on the approved
grading plan.
D.
The
last 50 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 300 feet clear, unobstructed sight distance to the intersection
from both the public roadway and the access road. If the 300 foot
sight distance cannot be obtained, contractor personnel for traffic
control shall be posted in the locations approved by the City Traffic
Engineer.
E.
A stop
sign conforming to the requirements of the California 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 400 feet
on either side of the access intersection, carrying the words "truck
crossing." The sign shall be diamond shape, each side being 30 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 five
feet above the pavement level. The advance warning sign shall be covered
or removed when the access intersection is not in use.
G.
Appropriate
security as determined by the City Engineer may be required to guarantee
maintenance and repair of City streets used during grading and moving
of import or export materials.
(Ord. 2008-03)
Where excavation or embankment material is imported or exported
from one grading site to another over public streets, whether or not
either site is otherwise subject to grading permit requirements, the
City Engineer may specify the route to be used in transporting the
materials upon public streets.
Deviation from this designated haul route shall constitute a
violation of the conditions of the permit issued under this chapter.
When the City Engineer does specify a route, the route shall be specified
in writing on the permit document, and the Traffic Division of the
Sheriff's Department shall immediately be notified that the haul route
has been specified.
The City Engineer may further specify load limits where, in
his or her opinion, the standard load capacity of vehicles used in
such hauling would cause excessive damage to streets on the designated
route. Any grading or hauling contractor moving earth materials in
violation of this chapter shall be financially responsible for any
damage to the public streets done by the hauling vehicles, and shall
pay to the City of Encinitas the cost, as determined by the City Engineer,
of repairing such damage. At least 24 hours before hauling is to commence,
the applicant shall also be required to notify the Traffic Division
of the San Diego County Sheriff's Department and the City Engineer.
The Sheriff's Department and/or City Engineer may require traffic
control devices to be provided by the applicant where reasonably necessary
to protect the health, safety, and general welfare.
(Ord. 2008-03; Ord. 2017-03)
A.
Where
Prohibited. No person shall dump, move or place any earth, sand, gravel,
rock, stone, or other graded, filled or excavated material, or leave
any bank, slope or other excavated surface unprotected so as to cause
any of such materials to be deposited upon or to roll, blow or wash
upon or over the premises of another without the express consent of
the owner of each such premises so affected or upon or over any public
property, place or way. Such consent shall be in writing and in a
form acceptable to the City Engineer.
B.
Spilling,
etc., Loads. No person shall, when hauling any earth, sand, gravel,
rock, stone or other excavated material over any place, allow such
materials to blow or spill over and upon such street, alley or place
or adjacent private property.
C.
Removal of Deposits from Public Places. When, due to a violation of subsection A of this section, any earth, sand, gravel, rock, stone or other excavated material is caused to be deposited upon or to roll, flow or wash upon any public place or way, the person responsible shall inform the City Engineer and cause the same to be removed from such public place or way immediately. The City Engineer shall determine the urgency of the clean-up operation and in no case shall the clean-up operation take more than 24 hours. In the event it is not so removed, the City Engineer shall cause such removal and the cost of such removal by the City Engineer shall be paid to the City by the person who failed to so remove the material.
(Ord. 2008-03)
A.
General.
Unless otherwise recommended in the approved soil engineering and/or
engineering geology report, cuts shall conform to the provisions of
this section.
B.
Slope.
The slope of cut surfaces shall be no steeper than is safe for the
intended use. Cut slopes shall be no steeper than two horizontal to
one vertical. Slopes steeper than two to one may be permitted under
special circumstances where the intent of the steeper slope is to
provide a slope of varying steepness to order to more closely approximate
a natural appearing embankment. All proposed deviations from the two
to one limit shall be accompanied by a soils report containing the
results of surface and subsurface exploration and analysis and certification
from the soils engineer and engineering geologist that in their professional
opinions the underlying bedrock and soil supporting the slope have
strength characteristics sufficient to provide a stable slope and
will not pose a danger to persons or property. In no case shall the
average slope exceed two to one. All slopes shall be protected against
erosion and any unstable slopes shall be stabilized.
C.
Drainage
and Terracing. Drainage and terracing shall be provided as required
by this section.
D.
Buttress
Cuts. All proposed buttress cuts that would exceed a vertical depth
of 25 feet, a horizontal dimension of 100 feet or are proposed to
remain exposed for more than five working days and would lie immediately
adjacent to a public right-of-way or offsite structures shall receive
special, specific approval from the City Engineer.
(Ord. 2008-03)
A.
General.
Unless otherwise recommended in the approved soil engineering report
and/or engineering geology report, fills shall conform to the provisions
of this section.
B.
Slope.
Fill slopes shall not be constructed steeper than is safe for intended
use. Fill slopes shall be no steeper than two horizontal to one vertical.
Slopes steeper than two to one may be permitted under special circumstances
where the intent of the steeper slope is to provide a slope of varying
steepness to order to more closely approximate a natural appearing
embankment. All proposed deviations from the two to one limit shall
be accompanied by a soils report containing the results of surface
and subsurface exploration and analysis and certifications from the
soils engineer and engineering geologist that in their professional
opinions the underlying bedrock and soil supporting the slope have
strength characteristics sufficient to provide a stable slope and
will not pose a danger to persons or property. In no case shall the
average slope exceed two to one. All slopes shall be protected against
erosion and any unstable slopes shall be stabilized.
C.
Preparation
of Ground. The existing ground surface shall be prepared to receive
fill by removing vegetation, non-complying fill or other incompetent
material. No compacted fill shall be placed unless the underlying
soil or bedrock has been investigated by the soil engineer or geologist
and found to be capable of safely supporting the additional weight.
Where the slope of the existing ground surface is five horizontal
to one vertical, or steeper, the fill shall be supported on level
benches cut into competent material. Except where recommended by the
soils engineer or geologist as not being necessary, subdrains shall
be provided under all fills placed in natural drainage courses and
in other locations where seepage is evident. Such subdrainage systems
shall be of a material and design approved by the soil engineer and
acceptable to the City Engineer. The location of the subdrains shall
be recorded in plan and elevation by the soil engineer and shown on
all as-built plans.
D.
Fill
Material. No organic or other reducible material shall be incorporated
in fills. Except as recommended by the soils engineer and approved
by the City Engineer, no rock or similar irreducible material with
a maximum dimension greater than 12 inches shall be buried or placed
in compacted fills. No rock or similar irreducible material with a
maximum dimension greater than six inches shall be buried within 10
feet of finished grade in public or private right-of-ways.
E.
Drainage
and Terracing. Drainage and terracing shall be provided as required
by this chapter.
F.
Slopes
to Receive Fill. Where fill is to be placed above the top of an existing
or proposed cut or natural slope steeper than three horizontal to
one vertical, the toe of the fill shall be set back from the top edge
of the slope a minimum distance as may be specifically recommended
by a soils engineer or engineering geologist and approved by the City
Engineer. Fills shall not toe out on slopes steeper than two horizontal
to one vertical.
G.
Inspection
and Testing. The soil engineer shall provide sufficient inspection
during fill placement and compaction operations to determine that
such work is being performed in accordance with conditions of plan
approval and requirements of this Code. Continuous inspection shall
be provided by the soil engineer, or responsible representative, for
all fills that will exceed a vertical height or depth of 30 feet.
Tests to determine density of the compacted fill soils shall be made
on the basis of not less than one test for each two-foot vertical
lift of the fill but not less than one test for each 1,000 cubic yards
of material placed. In addition, density tests at a point approximately
one foot below the fill slope surface shall be made on the basis of
not less than one test for every 5,000 square feet of slope face.
All such density tests shall be reasonably uniformly distributed within
the fill or fill slope surface. Results of such testing and location
of tests shall be presented in the soil engineer's report.
H.
Compaction.
All fills shall be compacted throughout their full extent to a minimum
of 90% of the maximum density as determined by ASTM Soil Compaction
Test D1557-70. Field density shall be determined by a method acceptable
to the City Engineer.
1.
Compaction
may be less than 90% of maximum density, as determined by the above
test, within six inches of the slope surface when such surface material
is placed and compacted by a method acceptable to the City Engineer.
2.
Slope
surfaces may be prepared for planting by scarifying by methods approved
by the geotechnical engineer provided such slopes when so prepared
otherwise comply with the requirements of this section.
3.
The
field representative for the City may require the use of sand cone
density tests in combination with nuclear device tests. There shall
be at least one sand cone test in every five total density tests.
I.
Construction
on Cut/Fill Boundaries. The construction of structures across the
line separating cut areas from fill areas shall be allowed only when
mitigation measures to avoid differential settlements are implemented
in accordance with an approved grading plan. The depths of fill under
building envelopes on graded pads should be uniform. Uniform depths
of fill should be obtained by over-excavating and blending the fill
material prior to replacement and recompaction. The soils engineering
report shall make specific recommendations regarding the treatment
of the cut/fill transition zone.
(Ord. 2008-03)
A.
General.
The setbacks and other restrictions specified by this section are
minimum and may be increased by the City Engineer or by the recommendations
of a civil engineer, soil engineer or engineering geologist, if necessary
for safety and stability, or to prevent damage of adjacent properties
from deposition or erosion, or to provide access for slope maintenance
and drainage. Retaining walls may be used to reduce the required setbacks
when approved by the City Engineer.
B.
Setback
Requirement. Any structure shall be set back a minimum of 10 feet
from the top of a slope. The setback may be reduced to a minimum of
seven feet by the City Engineer following the review of recommendations
from the project's qualified geotechnical consultant. As an alternative
to the required setback from the top of slope for the structure, the
structure's footings may be deepened to provide a minimum horizontal
distance of 10 feet from the edge of footing to daylight. All structures
shall maintain a minimum setback of five feet from the toe of slope.
C.
The setback requirements contained in subsection B of this section, are for the structural and geotechnical stability of building foundations and shall not reduce any setback requirements in other sections of the Municipal Code. The setback mentioned here does not apply to dynamic slopes with active erosion such as coastal bluffs, creek or river banks, or canyons as specified in Chapter 30.34 of the Municipal Code.
(Ord. 2008-03)
A.
General.
Unless otherwise indicated on the approved grading plan, drainage
facilities and terracing shall conform to the provision of this section.
B.
Terrace.
Terraces at least six feet in width shall be established at not more
than 30-foot vertical intervals on all cut or fill slopes to control
surface drainage and debris except that where only one terrace is
required, it shall be at mid-height. For cut or fill slopes greater
than 60 feet and up to 120 feet in vertical height, one terrace at
approximately mid-height shall be 12 feet in width. Terrace widths
and spacing for cut and fill slopes greater than 120 feet in height
shall be designed by the civil engineer and approved by the City Engineer.
Suitable access shall be provided to permit proper cleaning and maintenance.
Swales or ditches on terraces shall have a minimum gradient
of five percent, a maximum gradient of 12%, and shall be constructed
per adopted standards.
A single run of swale or ditch shall not collect runoff from
a tributary area exceeding 13,500 square feet (projected) without
discharging into a downdrain.
C.
Subsurface
Drainage. Cut and fill slopes shall be provided with subsurface drainage
as necessary for stability.
D.
Disposal.
All drainage facilities shall be designed to carry waters to the nearest
practicable drainageway approved by the City Engineer and/or other
appropriate jurisdiction as a safe place to deposit such waters. Erosion
of ground in the area of discharge shall be prevented by installation
of nonerosive downdrains or other devices.
Building pads shall have a drainage gradient of two percent
toward approved drainage facilities, unless waived by the City Engineer.
Exception: The gradient from the building pad may be one percent
if all the following conditions exist throughout the permit area:
1.
No
proposed fills are greater than 10 feet in maximum depth,
2.
No
proposed finish cut or fill slope faces have a vertical height in
excess of 10 feet,
3.
No
existing slope faces, which have a slope face steeper than 10 horizontal
to 1 vertical, have a vertical height in excess of 10 feet.
Finish grades, other than above, shall conform to the following
minimum drainage gradient standards:
Minimum Gradient
E.
Interceptor
Drains. Paved interceptor drains shall be installed along the top
of all cut slopes where the tributary drainage area above slopes towards
the cut and has a drainage path greater than 40 feet measured horizontally.
Interceptor drains shall be paved with a minimum of three inches of
concrete or gunite and reinforced. They shall have a minimum depth
of 12 inches and a minimum paved width of 30 inches measured horizontally
across the drain. The slope of drain shall be approved by the City
Engineer.
F.
Overflow
Protection. Berms, swales or other devices shall be provided at the
top of cut or fill slopes to prevent surface waters from overflowing
onto and damaging the face of the slope. Special drainage provisions
shall be made where a building or structure exists within five feet
of the top of a slope.
(Ord. 2008-03)
Grading plans shall be reviewed to insure compliance with all
of the following:
A.
All
slopes greater than 10 feet high shall be rounded into the existing
terrain to create an undulated condition and to produce a naturally
appearing contoured transition from slope face to natural ground and
abutting cut or fill surfaces where conditions permit.
B.
In
order to avoid a man-made appearance and avoid straight, uniform slopes,
every effort shall be made to construct slopes that appear natural
in character. In order to accomplish this, the steepness of slopes
should vary and slope faces should undulate in an effort to produce
a more natural appearing slope and avoid sharp, angular changes in
the direction of slope faces.
C.
Grading
shall be designed to retain natural topography and vegetation and
cause the least amount of disturbance while allowing development.
D.
Uniform
"stair-stepping" of building pads shall be avoided where feasible.
Diversity in building and subdivision design solutions, including
but not limited to pad shape and location/offsets and the shape of
slopes, which add to the variety of hillside development, shall be
encouraged.
E.
Whenever
possible, use of existing building sites and pads shall be encouraged.
Proposed development shall be designed to conform to the existing
site conditions and terrain where feasible.
F.
Use of engineered vertical walls, including keystone and other block or masonry walls, shall be avoided where possible and minimized where necessary in order to avoid visual impact. Consideration should be given to rounding of walls and use of offset walls softened with landscape treatment. This provision is not intended to apply to sea walls regulated pursuant to Chapter 30.34 of the Municipal Code.
(Ord. 2003-10)
The clearing of vegetation from an area shall not be undertaken
until both of the following have occurred:
A.
Planting.
The surface of slopes shall be protected against damage from erosion
by planting with grass or ground cover plants. If grass or ground
cover is not established by the beginning of the wet season, temporary
erosion control measures such as erosion control mats or blankets
shall be installed on the slopes. All permanent (inactive) slopes
shall be protected by groundcover or grass. Temporary slopes shall
be stabilized during the rainy season and during storm events in the
dry season. Slopes exceeding 15 feet in vertical height shall also
be planted with shrubs, spaced at not to exceed 10 feet on centers;
or trees, spaced at not to exceed 20 feet on centers; or a combination
of shrubs and trees at equivalent spacings, in addition to the grass
or ground cover plants. The plants selected shall be from a list of
plants approved by the City Engineer and planting methods used shall
be suitable for the soil and climatic conditions of the site. Plant
material shall be selected which will produce a permanent planting
coverage effectively controlling erosion. Consideration shall be given
to deep-rooted plant material needing limited watering; to low maintenance
during the lifetime of the project; to high root to shoot ratio (weight
above ground parts versus root system); wind susceptibility and fire
retardant characteristics. Planting need not be provided for cut slopes
rocky in character and not subject to damage by erosion and any slopes
protected against erosion damage by other methods when such methods
have been specifically recommended by a soils engineer, engineering
geologist, or equivalent authority and found to offer erosion protection
equal to that provided by the planting specified in this section.
Planting shall be done as early as feasible.
B.
Irrigation. Slopes required to be planted by subsection A of this section shall be provided with an approved system of irrigation, designed to cover all portions of the slope and plans therefor shall be submitted and approved prior to installation. A functional test of the system will be required. The requirements for permanent irrigation systems may be modified upon specific recommendation of a landscape architect or equivalent authority that because of the type of plants selected, the planting methods used and the soil and climatic conditions of the site, irrigation will not be necessary for the maintenance of the slope planting.
C.
Release
of Security. The planting and irrigation systems, required by this
section, shall be installed within 30 days after rough grading. Prior
to final approval of grading and before the release of the grading
security, the planting shall be well established and growing on the
slopes. Well established shall mean that at least 80% of the slope
area has germinated and is in a healthy, actively growing state.
(Ord. 2008-03)
