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 in the plans and specifications approved by the
city engineer. The work shall be done in accordance with any conditions
imposed by the city engineer and in accordance with the requirements
of this article. Conditions imposed by the city engineer shall be
shown on the grading plans under the heading "General Notes."
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
It shall be the responsibility of the permittee to know the
conditions and/or restrictions placed on the grading permit and as
outlined in applicable sections of this chapter, and as continued
on the approved report(s) and to insure that all contractors, subcontractors,
employees, agents and consultants are also knowledgeable of the same,
and insure that they carry out the proposed work in accordance with
the approved plans and specifications and with the requirements of
the permit and this chapter. The permittee shall also be responsible
to maintain in an obvious and accessible location on the site, a copy
of the permit and grading plans bearing the approval of the city engineer.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. Every
person doing land development shall meet such qualifications as may
be determined by the city engineer to be necessary to protect the
public interest. The city engineer may require an application for
qualification which shall contain all information necessary to determine
the person's qualifications to do the land development.
B. All
land development work shall be performed by a contractor licensed
by the state to perform the types of work required by permit.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. All
grading operations, including the warming up, repair, arrival, departure
or running of trucks, earth moving equipment, construction equipment
and any other associated grading equipment shall be limited to the
period between seven a.m. to six p.m. each day, Monday through Friday.
No earth moving or grading operations shall be conducted on Saturdays,
Sundays or holidays recognized by the city without written permission
of the city engineer.
B. No
grading shall be allowed between October 15th and the following April
15th on any site when the city engineer determines that erosion, mud
flow or sediment discharge from grading may adversely affect downstream
properties, drainage courses, storm drains, streets, easements, or
public or private facilities or improvements unless an erosion control
system approved by the city engineer has been implemented on the site
to the satisfaction of the city engineer.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. The
city engineer has the authority to temporarily suspend all work on
a grading project and suspend the permit by issuing a written stop
work order if he or she determines that field conditions present an
immediate hazard or danger to life or property; if the work being
done is contrary to the approved plans or conditions thereof; if the
work being done under a grading permit issued for a subdivision or
zoning permit is contrary or conflicting with any approved changes
and/or modifications made to the originally approved or conditionally
approved tentative map or zoning permit subsequent to the issuance
of the grading permit; if there is lack of supervision of the grading
operation, lack of engineering control, lack of soil engineering control
or lack of dust or air pollution control; if archaeological or paleontological
artifacts or resources are discovered; or for any other reason which
in the city engineer's opinion, presents a threat to the public safety
or welfare immediately, or in the future, or which may cause unstable
earth conditions. This temporary suspension shall continue in effect
until the hazard or condition is corrected to the satisfaction of
the city engineer.
B. It
shall be the responsibility of the owner to furnish any additional
information, investigations and reports necessary to resolve the stop
work order conditions. The owner shall pay for all work associated
with furnishing these items, as well as any additional staff time
in resolving the stop work order conditions.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. If
the civil engineer, soil engineer, engineering geologist, landscape
architect, the testing agency, or the grading contractor of record
are changed during the course of the work, the work shall be stopped
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 he or she has
reviewed all prior reports and/or plans (specified by date and title)
and work performed by the prior responsible professional, and that
the responsible professional concurs with the findings, conclusions
and recommendations and is satisfied with the work performed. The
responsible professional must state that he or she assumes all responsibility
within his or her purview as of a specified date.
B. All exceptions to subsections
(A)(1) and
(2) of this section must be approved by the city engineer.
C. Where clearly indicated that the firm, not the individual professional, is the contracting party, the designated engineer, architect or geologist may be reassigned and another individual of comparable professional accreditation within the firm may assume responsibility, without complying with the requirements of subsections
(A)(1) and
(2) of this section.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. Preparation
of Ground. The ground surface shall be prepared to receive fill by
removing vegetation, noncomplying fill, topsoil and other unsuitable
materials, and by scarifying to a depth of one foot to provide a bond
with the new fill. Where existing slopes exceed five feet in height
and/or are steeper than 5:1, the ground shall be prepared by benching
into sound bedrock or other competent material as determined by the
soil engineer and approved by the city engineer. The lowermost bench
beneath the toe of a fill slope on natural ground shall be a minimum
ten feet in width and at least one foot into dense formational materials.
The ground surface below the toe of the fill shall be prepared for
sheet flow runoff, or a paved drain shall be provided.
B. Where
fill is to be placed over an existing cut slope, the bench under the
toe of the new fill shall be at least fifteen feet wide and shall
meet the approval of the soil engineer and/or engineering geologist
as a suitable foundation for fill.
C. Expansive
Soils. Whenever expansive soils are encountered within three feet
of the finish grade of any area intended or designed as a location
for a building, the permittee shall cause expansive soil to be removed
to a minimum depth of three feet below finish grade and replace with
properly compacted, nonexpansive soil.
D. Fill
Material. Any organic material shall not be permitted in fills.
E. Except as outlined in subsection
F of this section, no rock or similar irreducible materials with a maximum dimension greater than eight inches shall be buried or placed in fills.
F. Unless
the engineer properly devises a method of placement, continuously
inspects placement and approves the soil stability and competency,
the following conditions shall also apply:
1. Prior
to issuance of the grading permit, potential rock disposal area(s)
shall be delineated on the grading plan;
2. Rock
sizes greater than eight inches in maximum dimension shall be at least
six feet or more below grade, measured vertically, and ten feet measured
horizontally from slope faces, and shall be two feet or more below
the bottom of any utility pipeline;
3. When
the design of the development or covenants and restrictions provide
assurance that no structure or utilities will be placed on a precisely
definable area, these dimensions may be reduced with the approval
of the city engineer;
4. Rocks
greater than eight inches shall be placed so as to be completely surrounded
by soils; nesting of rocks will not be permitted.
G. All
fill slopes shall be overfilled to a distance from finished slope
face that will allow compaction equipment to operate freely within
the zone of the finished slope, and then cut back to the finish grade
to expose the compacted core. Alternate methods may be employed by
the grading contractor subject to approval by the soil engineer and
city engineer. In such instances, the grading contractor shall provide
detailed specifications for the method of placement and compaction
of the soil within a distance of an equipment width from the slope
face.
H. Buttress/Stabilization
Fills. Recommendations for buttress fills or stabilization fills by
the soil engineer shall be accompanied by a report by the soils engineer
or certified engineering geologist setting forth the soil or geologic
factors necessitating the buttress/stabilization fill, stability calculations
based on both static and pseudostatic conditions (pseudostatic loads
need not normally be analyzed when bedding planes are flatter than
twelve degrees from the horizontal), laboratory test data upon which
the calculations are based, the buttress/stabilization fill, a scaled
section of the buttress/stabilization fill and recommendations with
details of subdrain requirements.
I. Utility Line Backfill. Backfills for on-site utility line trenches, such as water, sewer, gas and electrical services shall be compacted and tested in accordance with Section
18.08.780(D) of this chapter. Alternate materials and methods may be used for utility line backfills provided that the material specification and method of placement are recommended by the soil engineer and approved by the city engineer prior to back-filling.
J. The
final utility line backfill report shall include a statement of compliance
by the soil engineer that the tested backfill is suitable for the
intended use.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. At
any stage of grading work, whether an approved grading plan, or a
grading permit is required, if the city engineer determines that authorized
grading is likely to endanger any public or private property or result
in the deposition of debris on any public way or interfere with any
existing drainage course, the city engineer may specify and require
reasonable safety precautions to avoid the danger. The permittee may
be responsible for removing excess soil and debris deposited upon
adjacent and downstream public or private property resulting from
his or her grading operations. Soil and debris shall be removed and
damage to adjacent and downstream property repaired as directed by
the city engineer. Erosion and siltation control shall require temporary
or permanent siltation basins, energy dissipaters, or other measures
as field conditions warrant, whether or not such measures are a part
of approved plans. Cost associated with any work outlined in this
section shall be incurred by the permittee.
B. No
off-site work will be required when, in the opinion of the city engineer,
the permittee has properly implemented and maintained erosion control
measures in accordance with the city's BMP Manual and the deposition
of soil and debris or erosion on adjacent properties is the direct
or indirect result of actions of the downstream property owner.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
During grading operations, the contractor and property owner
shall take all necessary measures to eliminate any hazard resulting
from the work to the public in its normal use of public property or
right-of-way. Any fences or barricades installed shall be approved
by the city engineer and shall be properly constructed and maintained.
They shall separate the public from the hazard as long as the hazard
exists.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
The following provisions of this section shall apply unless
provision is made by a secured agreement pursuant to land development
work done in conjunction with the authorized subdivision of property.
A. A property
owner shall pay the city for all costs of placing, repairing, replacing
or maintaining a city-owned facility within a public right-of-way
when the city facility has been damaged or has failed as a result
of the construction or existence of the owner's land development work
during the progress of such work;
B. The
costs of placing, replacing or maintaining the city-owned facility
shall include the cost of obtaining an alternate easement if necessary;
C. The
city engineer shall notify the property owner of such damage or failure
as set forth in the provisions of this section. The city may withhold
certification of the completion of a building or other permitted work
where a notice has been issued.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. Notwithstanding
the minimum standards set forth in this chapter, the permittee shall
be responsible for the prevention of damage to adjacent property and
no person shall excavate on land so close to the property line as
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.
B. In
addition, each adjacent property owner is entitled to the lateral
and adjacent support which his or her land receives from the adjoining
land, subject to the right of the property owner of the adjoining
land to make proper and usual excavations on the same for purposes
of construction or improvement, under the following conditions:
1. Any
owner of land or his or her lessee intending to permit or to make
an excavation greater than ten feet in depth within ten feet of his
or her property lines shall give reasonable notice to the owner or
owners of land abutting the property lines affected by such excavation,
stating the depth for which such excavation is intended to be made
and when the excavation will begin;
2. In
making any excavation, reasonable care and skill shall be used and
reasonable precautions taken to ensure that the soil of adjoining
property will not cave in or settle to the detriment of any building
or other structure which may be thereon;
3. No
land development work shall be approved which physically prevents
the use of existing legal or physical and usable (in the opinion of
the city engineer) access to any parcel.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
The owner of any property on which a fill or excavation has been made pursuant to a grading permit granted under the provisions of this chapter, or any other person or agent in control of such property shall maintain in good condition and repair all retaining walls, cribbing, drainage structures or means, temporary or permanent BMPs, and other protective devices pursuant to Chapter
8.48 or the BMP Manual, or as determined by the city engineer, and planting shown in the approved plans and specifications or in the as-graded drawings or as required by the grading permit. Facilities dedicated for use by the public and accepted for such use by a public agency are excepted.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. During
grading operations the permittee shall be responsible for the prevention
of damage to any public utilities or services.
B. The
responsibility applies within the limits of grading and along any
routes of travel of equipment.
C. Before
starting any excavation work the permittee shall be responsible to
contact Underground Service Alert, Incorporated and coordinate the
proposed excavation with all interested utility companies, districts
and agencies.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
The California
Vehicle Code and this chapter forbid the placing,
dumping or depositing of soil and rocks on the public streets or any
portion of the public right-of-way. All vehicles engaged in hauling
materials under the permit provisions of this chapter shall refrain
from depositing soil or debris on the public streets by any means,
including, but not limited to, spillage from the bed of a truck or
other vehicle and debris collected on the wheels of the haul vehicle.
The city engineer may require a cash deposit to insure the cleanup
of public streets.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
The contractor/permittee conducting any earth moving operation
under this chapter shall be responsible for controlling dust created
by its grading operations or activities at all times.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
The permittee conducting any earth-moving operation under this chapter which requires vehicles to haul earth materials on any public street shall be responsible for the complete removal of such materials (soil, mud or other material) from the street, if spilled, dumped or deposited on a public street. If the permittee fails to completely remove such spillage, the city engineer may order the necessary removal work. The permittee and the surety shall be firmly bound under a continuing obligation for payment of all costs incurred or expended by the city pursuant to Sections
18.08.500 and
18.08.530.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
All existing survey monuments shall be shown on the grading
plan. Evidence indicating that arrangements have been made for the
preservation and/or relocation of existing monuments shall be submitted
to the city engineer prior to issuance of a grading permit.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
If any archaeological or paleontological resources are discovered
during grading operations, such operations shall cease immediately
and the permittee shall notify the city engineer of the discovery.
Grading operations shall not recommence until the permittee has received
written authority from the city engineer to do so.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)