[Ord. 1449, 10-19-2005]
This chapter shall be known as the Grading Ordinance of the City of Indio.
[Ord. 1449, 10-19-2005]
The purpose of the grading chapter is to establish an official set of standards regulating the design and construction of building sites and the development of property by grading; to regulate the alteration of the ground surface to protect and preserve the public health, safety, general welfare, aesthetic value and natural resources; to encourage contoured grading in conformance with natural to encourage contoured grading in conformance with natural terrain; to minimize differential settlement, slipping or sliding of earth; to protect adjacent properties from damage caused by blockage, diversion or channeling of natural run-off waters to require engineering and geological analysis of soil conditions; to provide erosion control and proper drainage; to provide a basis for the design of footings, floor slabs and structures to be erected on parcels of land whose natural topography has been altered; to establish an administrative procedure for issuance of permits; to provide for approval of plans and inspection of grading construction; to supersede existing local practices and conventions arising from and related to grading; to advance the public health, safety and welfare by complimenting the local requirement and implementation of stormwater pollution prevention plans (SWPPPs), plans for the management and reduction of particulate matter with a diameter of less than ten micrometers ("PM10"), and National Pollutant Discharge Elimination System ("NPDES") plans; and to provide for the enforcement of the requirements contained in this chapter.
[Ord. 1449, 10-19-2005]
For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A written professional opinion by the responsible principal of record concerning the satisfactory progress and completion of the work under this purview unless it specifically refers to the Director of Public Works.
The most current grading plans which bear the signature of approval of the Director of Public Works.
A facility which spends the majority of its time in the field of applied soil mechanics and foundation engineering; which is equipped to perform and certify the tests and procedures required in this chapter; and which operations are conducted under the responsible supervision of a registered civil engineer.
The surface configuration upon completion of grading.
In-place solid rock.
A relatively level step excavated into earth material on which fill is to be placed.
Earth material acquired from an off-site location for use in grading on a site.
The Director of Public Works or authorized representatives.
A professional engineer registered in the State of California to practice in the field of civil engineering.
The application of the knowledge of the forces of nature, principles of mechanics, and the properties of materials to evaluation, design and construction of civil works for the beneficial uses of mankind.
The removal of vegetation (grass, brush, trees and similar plant types) by mechanical means.
The densification of a fill by mechanical or other acceptable means.
The city's Director of Public Works and/or his authorized designee or representative.
Any rock, natural soil, or fill, and/or any combination thereof.
A report prepared under the supervision of an engineering geologist providing a geologic map of a site, information on geologic measurements and exploration performed on the site and surrounding area and providing recommendation for remedial measures necessary to provide a geologically stable site for its intended use.
A geologist certified by the State of California to practice engineering geology.
The application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil work.
The process by which the ground surface is worn away as a result of the movement of wind or water.
Any combination of desilting facilities, retarding basins and erosion protection, including effective planting and the maintenance thereof, to protect adjacent private property, watercourses, public facilities and receiving waters from the deposition of sediment or dust.
Any act by which soil, sand, gravel or rock is cut into, dug, quarried, uncovered, removed or relocated, and shall include the conditions resulting therefrom.
A fracture in the earth's crust along which movement has occurred. A fault is considered active if movement has occurred within the past eleven thousand years (Holocene geologic time).
A deposit of soil, sand, gravel, rock or other material placed by artificial means.
All groundwater, information, well development requirements and seepage evaluations, appropriate to site development.
A report which contains all appropriate soil engineering, geologic, geohydrologic, and seismic information, evaluation, recommendations and findings. This type report combines both engineering geology and soil engineering reports.
The vertical elevation of the ground surface.
EXISTING GRADE
The ground surface prior to grading.
FINISH GRADE
The final grade of the site which conforms to the approved plan.
NATURAL GRADE or NATURAL GROUND
The ground surface unaltered by artificial means.
ROUGH GRADE
The stage at which the grade approximately conforms to the approved plan.
Any process of excavation or filling or combination thereof.
A contractor licensed and regulated by the State of California who specializes in grading work or is otherwise licensed to do grading work.
A guideline containing information concerning the design, installation, and maintenance of landscape and irrigation systems, as per city policy or as may be adopted by the City Council by resolution.
Landscaping, landscape irrigation equipment, man-made drainage devices such as terrace drains, dry wells, retaining walls, soil membranes, geotextiles, etc. Improvements may be to public or private property.
A designed compact fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.
An excavated trench into competent earth material beneath the toe of the proposed fill slope.
A landscape architect registered by the State of California.
The downward and outward movement of soil, sand, gravel, rock or fill or a combination thereof.
Any person, agency, firm or corporation having a legal, possessory or equitable interest in a given real property.
Finish grading permit a permit that is issued on the basis of approved plans which show the precise locations of structures, finish elevations, drainage details and all on-site improvements on a given property.
A permit that is issued on the basis of approved plans which show the precise locations of structures, finish elevations, drainage details and all on-site Improvements on a given property.
Any person or owner to whom a permit is issued pursuant to this code.
Unless indicated otherwise, references in this code to civil engineer, soil engineer, geologist, landscape architect and engineering geologist refer to the professional person(s) preparing, signing or approving the project plans and specifications which comprise the approved grading or landscape-irrigation plan.
A wall designed to resist the lateral displacement of soil or other materials.
Any lot or parcel of land or contiguous lots or parcels, or combination thereof, where grading is performed or permitted.
An inclined ground surface of a fill, excavation, or natural terrain, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. The height of a slope is the vertical measurement taken from the toe of the slope to the top of the slope.
GROSS STABILITY
The factor of safety against failure of slope material located below a surface approximately three to four feet deep, measured from and perpendicular to the slope face.
SURFICIAL STABILITY
The factor of safety against failure of the outer three to four feet of slope material measured from and perpendicular to the slope face.
Earth material of whatever origin, overlying bedrock and may include the decomposed zone of bedrock which can be readily excavated by mechanical equipment.
A civil engineer duly registered in the State of California, who:
Is engaged in the practice of civil engineering and spends a majority of his or her time in the field of applied soil mechanics and foundation engineering;
Has at least four years of responsible practical experience in the field of applied soil mechanics;
Has access to an adequately equipped soils testing laboratory;
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.
A report prepared under the responsible supervision of a soils engineer which includes:
Preliminary information concerning engineering, properties of soil and rock on a site prior to grading, describing locations of these materials and providing recommendations for preparation of the site for its intended use;
Final grading report including information on site preparation, compaction of fills placed, providing recommendations for structural design and approving the site of its intended use.
A temporary, uncompacted fill or embankment placed by artificial means, which is designated or intended to be moved or relocation at a later date.
Any soil or earth material which, under the criteria of this chapter or under the criteria of an approved geotechnical report, is suitable for use as fill or for any other intended purpose.
A chemical compound occurring in soil or water, which in concentration has a corrosive effect on ordinary portland cement concrete and some metals.
A relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.
The latest edition of the UBC adopted by the City of Indio, published by the International Conference of Building Officials.
Any soil or earth material having properties or characteristics which, under the criteria of this chapter or under the criteria continued in any approved geotechnical report, make it unsuitable for use as fill or for any other intended use. There properties or characteristics include but are not limited to: organic content of the material exceeds 3%; rock diameters exceeding eight inches, the presence of concrete or asphalt, or the presence of expansive soils within four feet of finish grade of any area intended or designed as a location for a building.
[Ord. 1449, 10-19-2005]
(A)
No person shall conduct any grading, excavation, earth moving, filling, clearing, brushing or grubbing on natural or existing grade, or perform work that is preparatory to grading, without first having obtained a valid grading permit in accordance with this chapter, except for the following:
(1)
An excavation below finished grade for basements and footings for a building, mobile home, retaining wall, septic system, or other structure authorized by a valid building permit or excavation permit. This shall not exempt any excavation having an unsupported height greater than five feet after the completion of such structure, or an unsupported excavation with vertical banks more than two feet high. This shall not prohibit a minimum fee grading permit or soil or geologic report from being required for foundation design and inspection purposes when, in the opinion of the Director of Public Works, stability considerations warrant such inspection;
(2)
Cemetery graves;
(3)
Refuse disposal sites controlled by other regulations or agencies;
(4)
Earthwork or construction controlled by the federal, state, county or city governments or by a local agency as defined by Government Code Sections 53090 through 53095 (special districts); pipeline or conduit excavation and backfill conducted by local agencies or public utilities. This exemption, however, shall apply only when the earthwork construction takes place on the property, or dedicated rights-of-way or easements of the above agencies;
(5)
Excavation and backfill for installation of underground utilities by public utilities or companies operating under the authority of a franchise or public property encroachment permit. Notwithstanding this exception, backfill shall comply with division (D) of § 162.460, Compaction;
(6)
Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressures upon any adjacent or contiguous property, or alter the orientation of natural water courses which may result in adverse changes on adjoining property;
(7)
Exploratory excavations under the direction of soil engineers, archaeologists or paleontologists, engineering geologists, provided all excavations are properly backfilled or otherwise restored;
(8)
An excavation which does not exceed 50 cubic yards on any site and which is less than two feet in vertical depth and does not adversely affect the stability of any existing slopes or alter drainage conditions;
(9)
A fill less than one foot in depth, placed on a natural grade with a slope flatter than five horizontal to one vertical, which does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course;
(10)
Except within an identified resource conservation area, or when determined otherwise by the Director of Public Works, clearing, brushing and minor grading for agricultural or livestock purposes provided all excavated material is placed on the same site and such operations do not affect the lateral support or increase the stresses in or pressures on any contiguous property, or block or divert any natural water courses, or result in dumping or organic or hazardous waste, or cause unreasonable downstream siltation. This grading includes, but is not limited to, contour grading to provide for orchard planting, minor leveling not exceeding three vertical feet of either excavations or fill of two crops, installation of irrigation systems, and stockpiling of fertilizer or other amendments.
[Ord. 1449, 10-19-2005]
No person shall grade upon nor shall any permit be issued for grading upon natural or existing grade steeper than two horizontal to one vertical unless such grading is required to mitigate a geologic hazard to adjacent grade, or is required for the construction of necessary access or fire roads, all as approved by the Director of Public Works.
[Ord. 1449, 10-19-2005]
(A)
Except as exempted in this chapter, no person shall do any grading nor shall an owner allow any grading on his or her property unless the person or owner has a valid grading permit of the type described in § 162.070 issued by the Director of Public Works authorizing such grading. An owner is presumed to have allowed grading which has been done on property occupied by him or her or is under his or her dominion and control. This presumption is a presumption affecting the burden of producing evidence. A separate grading permit shall be required for each site. A grading permit may authorize both excavations and fills.
(B)
Any applicant for a permit under this chapter, not the owner holding title to the property to be graded and/or improved pursuant to said permit, shall demonstrate to the satisfaction of the Director of Public Works that said applicant has the permission holding title to the owner of the property in question to do all grading work and make all improvements subject to the permit.
(C)
Further, it shall be unlawful for any person to stockpile, deposit or allow the placement, construction, or deposition of earth material on any real property in excess of 50 cubic yards without first obtaining a grading permit, described in this chapter, and without the subsequent processing of the material, unless part of an approved stockpile grading plan.
[Ord. 1449, 10-19-2005]
(A)
A rough grading permit or a finish grading permit may be issued for grading work, upon completion of a property application, submittal or other required date, and review and approval of grading plans by the Director of Public Works.
(B)
A stockpile grading permit may be issued for the temporary stockpile of materials, provided the materials shall be removed from the stockpile site, or compacted and worked thereon under a subsequently issued rough or finish grading permit within six months of the issuance of the stockpile grading permit, and provided further that the stockpile material is graded and placed such that unreasonable erosion will not occur. A grading plan shall be required for stockpile grading permit, and a cash deposit or other security may be required by the Director of Public Works to issue property erosion control and cleanup, and removal of the stockpile.
(C)
Precise grading permit. No person shall construct concrete or bituminous pavement surfacing, or any other surfacing material approved by the Director of Public Works in a resource conservation area, in excess of 6,000 square feet, on natural or existing grade for the purpose of a private road or travelway, or in excess of 1,000 square feet for any commercial, industrial, multi-residential parking lot, without a valid grading permit unless waived by the Director of Public Works or a separate improvement plan for such paving is approved and signed by the Director of Public Works. Resurfacing or maintenance of paved surfaces shall be exempt from this requirement.
[Ord. 1449, 10-19-2005]
(A)
The Director of Public Works may require a soils investigation and/or engineering geology report for any grading permit as he solely deems necessary to correlate surface and subsurface conditions with the proposed grading plan. The results of the investigation shall be presented in a soils report by a soil engineer which shall include, but need not be limited to, data regarding the nature, distribution and strength of existing soils and rock on the site; the soils engineer's conclusions and recommendations for grading requirements, including the correction of weak or unstable soil conditions and treatment of any expansive soils that may be present; and his or her opinions as to the adequacy of building sites to be developed by the proposed grading operations.
(B)
The Director of Public Works may require such supplemental reports and data as he or she deems necessary upon his or her review of the site and the reports and other data submitted. Such test may include tests for soil fertility and agricultural suitability to be performed at the conclusion of rough grading by a recognized agronomic soil testing laboratory, with written analysis and recommendation, to be utilized during any required landscaping.
(C)
Recommendations included in such reports and approved by the Director of Public Works, shall be incorporated in the grading plan, landscape-irrigation plan and specifications.
[Ord. 1449, 10-19-2005]
(A)
Grading permit applications shall be provided in a form approved by the Director of Public Works.
(B)
A separate application with plans, specifications and other supplemental data, shall be required for each grading permit. The application shall be signed by the owner of the property to be graded.
(C)
A complete grading permit application shall be submitted for city review and approval along with the following items, completed and signed by the applicant or his representatives, unless otherwise waived or specified by the Director of Public Works, or this code:
(1)
Application form;
(2)
Grading plan (prints in duplicate);
(3)
Preliminary soil investigation report (in duplicate);
(4)
Preliminary geologic report (in duplicate);
(5)
Erosion control plans (in duplicate);
(6)
Grading plan check fee;
(7)
Landscape and irrigation plan (in duplicate);
(8)
Agronomic soils report;
(9)
Hydrology and hydraulic report;
(10)
Haul route, including source of borrow or disposal;
(11)
Environmental assessment checklist (from planning department);
(12)
Geotechnical report review fee.
[Ord. 1449, 10-19-2005]
(A)
A grading plan shall consist of a general set of plans of five mil mylar reproducible sheets measuring 24 inches by 36 inches, drawn to an engineering scale of a maximum of one inch equals 50 feet, showing the original and designed finish contours, spot elevations of building pads and public improvements, slope ratios, proposed and existing drainage facilities and patterns, protective fencing, retaining walls, and any structures or buildings on adjacent properties within 15 feet of the common property lines, and the existing elevations of adjoining/adjacent properties and parcels.
(B)
All grading plans shall be signed and stamped by a registered civil engineer. The Director of Public Works may waive this requirement when in his or her opinion the proposed grading entails little hazard to any property, and either:
(1)
The proposed grading meets the criteria for a stockpile permit; or
(2)
The proposed grading does not exceed 100 cubic yards, is upon a single lot or parcel, does not necessitate construction of extensive drainage structures, erosion control facilities, or other facilities and does not interfere in any way with existing natural or improved drainage courses or channels.
(C)
A statement of quantities shall be on the plan, giving the estimated cubic yards or excavation, embankment, import, export, and the shrinkage or swell factor.
(D)
All grading plans shall also include a vicinity map, legend, address of parcel, north arrow, bearing and distance of property lines, prominent existing or natural terrain features, setbacks from tops and toes of slopes to property lines or other features, daylight lines, and drainage patterns.
(E)
Finish grading plans shall show the footprint for all proposed structures, setback distances therefrom, detailed finish grading, finish floor elevations, yard swales and drains, all concrete sidewalks, driveways or flatwork which will be used for drainage and drainage retention areas.
(F)
The title sheet of all grading plans shall show the names, addresses and phone numbers of the site owner, the responsible civil engineer, project soil engineer and geologist, and the subdivider or developer of the property if different from the owner. At least one print submitted to the Director of Public Works shall be signed by the soil engineer and geologist.
(G)
The grading plans shall also show such other information as required by the Director of Public Works.
[Ord. 1449, 10-19-2005]
(A)
Two copies of the soil investigation/ geotechnical report required in § 162.080 shall be submitted as part of the application for grading permit. Each report shall contain all information applicable to the project and shall be prepared in accordance with generally accepted geotechnical engineering practice.
(B)
Recommendations contained in the approved reports shall be incorporated into the grading plans and specifications and shall become conditions of the grading permit.
(1)
Preliminary soil report. The preliminary (initial) soil engineering report shall include information and data regarding the nature, distribution, physical and chemical properties of existing soils including, but not limited to, expansion index and soluble sulfate content; conclusions as to adequacy of the site for the proposed grading; recommendations for general and corrective grading procedures; foundation and pavement design criteria; and shall provide other recommendations, as necessary, commensurate with the project grading and development.
(2)
Preliminary engineering geology report. Engineering geologic reports shall be required for all developments on hillside sites where geologic conditions are considered to have a substantial effect on existing and/or future site stability. This requirement may be extended to other sites suspected of being adversely affected by faulting, or by landslides. The preliminary (initial) engineering geology report shall include a comprehensive description of the site topography and geology including, where necessary, a geologic map; an opinion as to the adequacy of the proposed development from an engineering geologic standpoint; an opinion as to the extent that known or reasonably inferred instability on adjacent properties may adversely affect the project; a description of the field investigation and findings; conclusions regarding the effect of geologic conditions on the proposed development, and shall provide other recommendations as necessary, commensurate with the project grading and development. The preliminary engineering geology report may be combined with the preliminary soil engineering report.
(3)
Final engineering soils/geology report. The final engineering soils/geology report shall be submitted upon completion of all grading operations and shall include a comprehensive description of the findings and conclusions, including but not limited to the results of compaction tests, arising from and related to the grading operation, and a statement that all issues and concerns raised in the Preliminary Engineering Geology Report and Preliminary Soil Engineering Report have been resolved to the satisfaction of the Director of Public Works.
(C)
Seismicity/Liquefaction Report.
(1)
A seismicity/liquefaction report shall be required as a condition for issuance or a grading permit and/or building permit for all subdivisions (tracts); and all sites for critical structures (fire stations, nursing homes, etc.) and major structures, as determined by the Director of Public Works. Additionally, sites containing earthquake-sensitive earth materials and/or sites that are located on or near potentially active or active faults shall also require a seismicity/liquefaction report, as determined by the Director of Public Works.
(2)
The report shall be prepared by an engineering geologist, geophysicist or a civil engineer with expertise in earthquake technology and its application to buildings and other civil engineering works. The scope of the report shall be commensurate with the proposed development and shall reflect the state of the art. The seismic report may be combined with the soil and engineering geology reports.
[Ord. 1449, 10-19-2005; Ord. 1684, 1-20-2016]
(A)
Landscaping and irrigation facilities shall be required for, but not limited to, all graded slopes greater than five feet in height, and for all graded areas determined by the Director of Public Works to be susceptible to erosion, within all residential, commercial and industrial development, subdivisions, condominium projects, planned developments, borrow area, disposal areas and other grade areas, unless such requirement is waived or amended by the Director of Public Works. A landscape and irrigation plan shall be required therefor.
(B)
Landscape and irrigation plans shall be prepared and signed by a landscape architect, or by a qualified landscape company or other person, when approved by the Director of Public Works, based upon the scope, magnitude and complexity of the project, and may be subject to city review and shall be approved by the Community Development Director and the Director of Public Works.
(C)
The plan shall conform to good, accepted standard procedures and requirements with special consideration for soil conditions encountered within the project area. The plan shall include specifications for the preparation of the existing soils or for the application of topsoil or amendment to the slopes to encourage vigorous growth. The landscape architect shall be responsible for full compliance with the city standards and procedures as may be detailed in the city's policies, guidelines and specifications for landscape development as established and adopted from time to time. Extraordinary effort shall be made to develop water conservation programs through the planting, irrigation and maintenance plans and specifications.
[Ord. 1449, 10-19-2005]
(A)
If the grading project includes the movement of earth material to or from the site in an amount considered substantial by the Director of Public Works, the permittee shall submit the haul route for review and approval by the Public Works Department. Alternate routes or special requirement in consideration of the possible impact on the adjacent community environment, or effect on the public right-of-way itself, may be prescribed by the Director of Public Works as a condition of the grading permit. The haul route shall be approved prior to issuance of a grading permit. The haul route or the following note shall be shown on the grading plan: This plan is not an approved grading plan without an attached haul route plan approved by the Director of Public Works.
(B)
Deviation from this designated haul route shall constitute a violation of the conditions of the permit issued under this chapter. When the Director of Public Works does specify a route, he or she shall do so in writing and shall notify the city police department that the haul route has been specified.
(C)
The Director of Public Works 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 material 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 the cost, as determined by the Director of Public Works, of repairing such damage.
(D)
At least 24 hours before hauling is to commence, the applicant shall also be required to notify the city police department and the Director of Public Works. The Police Department or Director of Public Works may require traffic control devices to be provided by the applicant where reasonably necessary to protect the health, safety and general welfare.
(E)
The permit may specify other conditions, including the posting of cash bond, which may be shown necessary in order to minimize disruption of normal traffic activities and public inconvenience, and to prevent or minimize damage to public or private streets or improvements.
[Ord. 1449, 10-19-2005]
(A)
When required by the Director of Public Works, the applicant shall submit hydrology and hydraulic calculations and drainage area maps to determine the quantity of runoff generated by or tributary to the city, and its effects on the site or upon upstream or downstream properties. Erosion and sediment transfer studies, and other supporting data may be required.
(B)
Limits of inundation on the subject property during condition of specified storm frequencies may be required to be delineated on the grading plan, along with the submittal of supporting calculations.
(1)
Properties of one acre or greater in size shall be designed to retain the 100-year, 24-hour, duration storm on site. Such properties shall retain this duration storm on site or provide a drainage system to convey the drainage to an acceptable retention site as determined by the Director of Public Works. Such a drainage system shall include a provision to fully address disposal of nuisance water to the satisfaction of the Director of Public Works.
(2)
Properties of less than one acre in size shall incorporate retention and drainage systems and/or properties approved by the Director of Public Works; such approval shall not be unreasonably withheld.
(C)
The civil engineer responsible for preparation of the plans shall also certify that the building pads to be created through any proposed grading, are free from inundation from runoff from specified storms, and to provide floodplain elevations, and widths, sheet flow depths, floodway elevation and widths, and any other data required by the Director of Public Works, or by any applicable county, state or federal flood protection or insurance program or requirement.
(D)
The civil engineer or applicant may also be required to prepare and submit, suitable studies and data regarding percolation and permeability characteristics of the soils and their suitability for the use of septic tanks ground water hydrology studies, data, and tests regarding the quantity and quality of ground water which can be produced from properties not served by water systems, and its adequacy for domestic and agricultural use and for fire protection.
[Ord. 1449, 10-19-2005]
(A)
Grading permit applications for which a valid grading permit has not been issued, whether or not the grading plans have been approved and signed by the Director of Public Works, shall expire automatically, 180 days after receipt of the application by the city, after which time the application and plans shall be deemed as expired and invalid. The plans, application requirements, and necessary fees may be altered or changed at any time between application submittal and permit issuance under the following conditions:
(1)
A change of policy or direction by the City Council;
(2)
A change in the grading ordinance or fee structure approved by City Council;
(3)
A discovery that the plans, application, or fees violate or do not meet existing ordinance or policy, or discovery of any design defect, soil or geologic hazard, or any other fact or item which if left unchanged could cause damage, harm or hazard to public or private properties, or to life, limb or the general public safety or welfare.
(B)
If such discoveries are made and changes are so directed, the applicant shall be granted an extension of the application expiration date for 30 days, or for such other period as the Director of Public Works may grant to the applicant, to allow for all required changes to reasonably be made and accomplished.
(C)
The time limits in this section shall apply to all grading plans and applications submitted prior to the effective day of the ordinance codified in this chapter.
[Ord. 1449, 10-19-2005]
(A)
Every duly issued grading permit shall be valid for a period of six months from the date of issuance, and all work covered in the permit shall be completed within that period, except as specified in this section.
(B)
Expiration.
(1)
Every permit issued shall expire by limitation and shall become null and void if the work authorized by the permit is not commenced and diligently pursued within 90 days from the date of permit issuance, or if after work is commenced, the work is terminated, stopped, suspended or abandoned for a period of 90 days.
(2)
Upon written request from the permittee, submitted prior to the expiration of the 90-day period in which work was to commence, the Director of Public Works may extend the period in which the permittee must start work for no more than two successive periods of 90 days each, provided the permittee demonstrates to his or her satisfaction that circumstances beyond the permittee's control prevented his or her commencement of the approved work. If work is not commenced, or diligently pursued within the extension periods specified in this section, then the permit shall thereafter be deemed expired and null and void.
(C)
If the work authorized by the grading permit is not completed within the six-month permit period, the Director of Public Works, upon written request from the permittee, submitted prior to the expiration of the six-month period, may extend the permit for a period or periods reasonably necessary to complete the work. The total of all such extension shall not exceed a total of one additional year.
(D)
City's intent in enacting this chapter is that there will generally be no extension of grading permits beyond the initial six month term of validity. However, city intends this § 162.160 to provide the Director of Public Works with the discretion necessary to implement and enforce this chapter equitably.
(E)
For the purpose of this section, diligently pursued work shall be grading of such magnitude, frequency or complexity so as to require the regular services of the permittee's soil engineer, and/or civil engineer, or other professional and which is inspected at regular intervals, by the city.
(F)
As a condition of the extension of any grading permit time period, the Director of Public Works may require the payment of additional permit fees, inspection fees, or other additional fees as are required to cover the administration of the extensions or to meet any fee schedule then in effect.
(G)
If the permittee is unable to complete the work within the original permit period, or any extension thereof as provided in division (C) of this section, or has failed to request the extension in division (C) of this section, the Director of Public Works, upon written request and justification submitted 30 days following the permit's expiration, may renew the grading permit for a period not to exceed six months.
(I)
The Director of Public Works may require the amendment or change of approved grading plans, erosion control plans, or landscape-irrigation plans for any of the following reasons:
(1)
Extension or renewal of the grading permit;
(2)
Changes have been made in the actual work which is not reflected on the approved plans;
(3)
Enlargement of the scope or quantity of grading;
(4)
Construction, traffic, drainage, soil, geologic, public safety or environmental problems not considered, known or evident at the time of permit issuance or plan approval.
[Ord. 1449, 10-19-2005]
(A)
General plan consistency. If, in the opinion of the Community Development Director, the land area on which the grading is proposed is not consistent with the general plan, the grading permit shall be denied.
(B)
Hazardous grading. The Director of Public Works shall not issue a grading permit in any case where he or she finds or when it may reasonably be inferred that the work as proposed by the applicant will:
(1)
Damage any private or public property; or
(2)
Expose any property to landslide or geologic hazard; or
(3)
Adversely interfere with existing drainage courses or patterns; or
(4)
Cause erosion which could result in the depositing of mud, silt or debris on any public or private street or way; or
(5)
Create any hazard to person or property. If it can be shown to the satisfaction of the Director of Public Works that the hazard can be mitigated by the construction of retaining structures, buttresses, fills, drainage structures or facilities or by other means, the Director of Public Works may issue the grading permit on the condition that such construction be performed and the revision of the grading plans accordingly.
(C)
Geological hazard. If, in the opinion of the Director of Public Works, 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.
(D)
Flood hazard. If, in the opinion of the Director of Public Works, the proposed grading would adversely affect the flow of runoff in any identified floodplain of floodway, or would alter runoff to the detriment of upstream, downstream or adjacent properties, the grading permits shall be denied.
(E)
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 or a use permit has been approved or conditionally approved:
(1)
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
(2)
Notwithstanding the purpose of the proposed grading as stated in the application, if the Director of Public Works and the Director of Community Development find that the purpose of the proposed grading is to prepare the land for subdivisions or for some use for which a use permit is required.
(F)
Other reasons. The Director of Public Works shall deny the issuance of a grading permit if so directed by the City Council, if prohibited therefrom by a duly enacted moratorium, court order, injunction, or other legal order, or if the applicant or owner has failed to comply with the provisions of this code or any particular condition of approval or requirement arising from application of the California Environmental Quality Act related to the project and/or grading operation in question, or if the work proposed is not consistent with the City of Indio general plan, or any element thereof, or any specific plan, use permit, land use ordinance or regulation, or zoning ordinance or regulation.
[Ord. 1449, 10-19-2005]
The Director of Public Works shall have the authority to temporarily suspend all work on a grading project and suspend the permit if he or she determines that field conditions present an immediate hazard or danger to life or property, or if the permittee fails to or refuses to correct a deficiency or hazard, or if the work being done is contrary to the approved plans or conditions thereof, or if there is lack of supervision of the grading operation, lack of engineering control, soil engineering control is not being adequately provided, or for any other condition which in the Director of Public Works' opinion, presents a threat to the public safety or welfare immediately, or in the future, and which may cause unstable earth conditions. This temporary suspension shall continue in effect until the hazard or condition is removed to the satisfaction of the Director of Public Works.
[Ord. 1449, 10-19-2005]
(A)
The Director of Public Works shall have the power to revoke any permit granted under the provisions of this chapter if the Director of Public Works determines that the permit was obtained by fraud, or that one or more of the conditions upon which the permit was granted have been violated, or that the permittee failed or refused to correct a deficiency or a hazard upon the receipt of written notice and within the time specified in such notices; or that the permittee fails or refuses to perform any of the work required, or fails or refuses to conform with any of the conditions or standards established for any subdivision, lot division, use permit or the approval granted by city or fails to eliminate any hazard or condition as referred to in § 162.180.
(B)
The permittee, owner or other party aggrieved or adversely affected by the revocation of the grading permit may appeal such action to the City Council. Any such appeal shall be in writing and shall be submitted to the City Clerk, and shall cite reasons and contain other information as necessary to explain why the Director of Public Works' action should be rescinded or modified. Upon receipt of any such written appeal, the City Clerk shall set the matter for public hearing.
(C)
All grading work shall be suspended between the date the permittee is notified of the hearing and the date upon which the City Council renders its decision. Any interested person may appear at the hearing and present evidence. At the conclusion of a hearing on an appeal of a permit revocation, the Council may deny the appeal, modify existing conditions of, or add new conditions to the permit, or reinstate the permit or impose any penalty provided by law. The decision of the City Council shall be final.
(D)
If a permit is revoked, no further work shall be done upon that site except the correction of hazards, and the completion of any work required by the permittee's agreement. Every agreement and every security required by this chapter shall remain in full force and effect notwithstanding any such revocation.
[Ord. 1449, 10-19-2005]
(A)
Before accepting an application and set of grading and/or landscape-irrigation plans and specifications for checking, the Director of Public Works shall collect a plan checking fee. Separate permits and fees shall apply to retaining walls or major drainage structures, as indicated elsewhere in the city ordinance. There shall be no separate charge for standard terrace drains and similar facilities. The amount of plan checking fee for grading and landscape-irrigation plans shall be as set forth by City Council resolution.
(B)
The plan checking fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the plan checking fee paid for the original permit and the fee required for the entire project.
[Ord. 1449, 10-19-2005]
Before accepting a geotechnical report for review, the Director of Public Works shall collect a report review fee. A separate fee will be charged for each individual report submitted for review. The amount of the report review fee shall be as set forth by City Council resolution.
[Ord. 1449, 10-19-2005]
(A)
A fee for each grading permit shall be paid to the Director of Public Works as set forth by resolution of the City Council.
(B)
A fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project.
[Ord. 1449, 10-19-2005]
Prior to the issuance of a grading permit, there shall be paid to the Director of Public Works a fee to cover the city's expenses, costs and overhead for field inspection, office engineering, and administration of the work performed, including landscape and irrigation work. The amount of the inspection fee shall be as set forth by City Council resolution.
[Ord. 1449, 10-19-2005]
In addition to any penalty prescribed for violation of this code or for violation of the provisions of this chapter, and in addition to the fees required in this chapter, a double fee shall be assessed for any work for which a permit is required by this chapter, commenced prior to obtaining such permit. Payment of such fee shall not relieve any person from any liability under the provisions of this code or from fully complying with the requirements of this division. The fee prescribed by this § 162.240 is not intended and shall not be construed as a penalty but is added to defray the specific expense of enforcement of the provisions of this chapter.
[Ord. 1449, 10-19-2005]
Permits for grading for soil and water conservation projects, when approved and inspected by a county, state or federal agency, may be issued without payment of any or all of the fees in this chapter.
[Ord. 1449, 10-19-2005]
The applicant for a grading permit shall pay other fees related to development as required by city code.
[Ord. 1449, 10-19-2005]
(A)
No fee collected pursuant to this chapter, shall be refunded in whole or in part, except as provided in this section.
(1)
Plan checking fees may be refunded, less any city expenses, including overhead incurred, upon the applicant's request, provided the grading application or permit has expired, or is withdrawn by the applicant. A handling charge shall be deducted from any such refund. The maximum fee refund shall be 80% of the total fee paid.
(2)
Geotechnical report review fee may be refunded, less any city expenses, including overhead incurred, upon the applicant's request, provided the grading application or permit has expired or is withdrawn by the applicant, or if the project does not warrant geotechnical reports to be prepared. A handling charge shall be deducted from any such refund.
(3)
Grading permit fees. Prior to the issuance of a grading permit, any permit fees paid shall be fully refundable, less a handling charge, upon the applicant's request. There shall be no refund after issuance of a permit.
(4)
Grading inspection fees may be refunded in full, less a handling charge, at any time prior to the start of the work authorized by the permit, upon the applicant's request, provided the grading application has expired or has been withdrawn. After issuance of a permit and commencement of work, these fees may be refunded, less any city expense, including overhead incurred, upon the permittee's request, providing the permit has expired or has been withdrawn by the permittee.
(5)
No refund shall be made if the applicant or permittee has any outstanding debts owed to the city, or if corrective work remains to be done on the grading work itself.
(B)
No refund shall be made pursuant to this section if a request for refund is submitted to the city more than one year from the date of payment of the fee as to which a refund is claimed; nor shall any refund be paid if the total refundable amount, after deduction of city costs as provided in this chapter is less than $25.
[Ord. 1449, 10-19-2005]
(A)
Security to be posted.
(1)
No grading permit shall be issued for grading involving the movement of more than 50 cubic yards of soil unless the applicant shall first post a security with the city comprised of a cash deposit or a combination cash deposit and a corporate surety bond of a surety authorized to do business in the State of California, instrument of credit or other security all as satisfactory to the City Attorney, pledging the performance of the work, installation of required structures, drains, erosion control, landscaping, irrigation, and the like and agreeing such funds are trust funds for the purposes of satisfying the cost of correcting any deficiency or any hazard or injury created by the work or its lack of maintenance. An irrevocable standby letter of credit issued by a financial institution chartered by the State of California or federal government may be posted in lieu of the surety bond, instrument of credit or other security. If the Director of Public Works determines that the size, complexity, and scope of the work do not justify the full amount of the security, he or she may waive all or part of the amount to the extent that there is no hazard or danger.
(2)
The total security shall be in the form approved by the City Attorney. The total amount of the security shall be equal to 30% of the estimated cost of the grading work authorized by the permit, plus an additional sum equal to 100% of the estimated cost of the construction of retaining walls and sprinkler irrigation systems, landscaping and drainage structures or facilities (including standard terrace drains, slope planting, erosion control facilities, and similar facilities) authorized by the permit. The estimated cost of the work shall be determined by the Director of Public Works after reviewing the civil engineer's estimates.
(3)
The cash deposit shall be equal to 30% of the total security required for projects where the total security required is $75,000 or less, plus an additional 5% of the total security required when the security is over $75,000. In no instance shall the cash deposit be less than $1,000. This cash deposit shall be used to satisfy the cost of correcting any deficiency, hazard, or injury created by the work in violation of the terms and conditions of the grading permit and in violation of the provisions of this code or any other applicable law or ordinance; or for the maintenance cleanup or repair of any public or private street or easement, or for the maintenance, cleanup or repair of any maintenance, upkeep, or installation of debris basins, erosion control devices, etc. Use of the cash deposit or a portion thereof shall in no way limit or release the obligation of the permittee or surety to satisfy the cost of correcting any deficiency, hazard or injury created by the work or to maintain same in a safe condition. If the amount of the cash deposit is insufficient to satisfy the cost in full, the surety shall be liable to satisfy the remainder of the cost in excess of the cash deposit to the extent that the remainder does not exceed the full penalty amount of the bond. In addition, if suit is brought upon the bond by the city and judgment is revoked, the surety shall pay all cost incurred by the city in such suit, including a reasonable attorney's fee to be fixed by the court.
(B)
Every bond and instrument of credit shall include and every cash deposit and letter of credit shall be made on the conditions that the permittee shall:
(1)
Comply with all the provisions of this code, applicable laws and ordinances;
(2)
Comply with all the terms and conditions of the grading permit to the satisfaction of the Director of Public Works;
(3)
Complete all of the work contemplated under the grading permit within the time limit specified in the grading permit, or if no time limit is so specified, the time limit specified in this chapter. The Director of Public Works may, for sufficient cause, extend the time specified in the permit, but no such extension shall release the owner or the surety on the bond or person issuing the instrument of credit.
(C)
Each bond shall remain in effect until the completion of the work to the satisfaction of the Director of Public Works.
(D)
In the event of failure to complete the work or failure to comply with all of the conditions and terms of the grading permit, the Director of Public Works may order such work as in his or her opinion is necessary to correct any deficiencies or eliminate any dangerous condition and leave the site in a safe condition or may order the work authorized by the permit to be completed to a safe and stable condition to this satisfaction. The permittee and the surety executing such bond or person issuing the instrument of credit, letter of credit or making the cash deposit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the city in causing any and all such work to be done. In the case of a cash deposit, any unused portion thereof shall be refunded to the permittee.
[Ord. 1449, 10-19-2005]
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 plans and specifications approved by the Director of Public Works and the work shall be done in accordance with any conditions imposed by the Director of Public Works and in accordance with the requirements of this chapter.
[Ord. 1449, 10-19-2005]
Permits issued pursuant to this chapter shall not relieve the owner of responsibility for securing required permits for work to be done which is regulated by any other provision of this code or by any other person, body or agency. Owners seeking a grading permit pursuant to this chapter shall be fully responsible to comply with all federal, state and local authority and regulations applicable to SWPPPs, PM10 plans, and NPDES plans, including but not limited to an owner's fulfillment of permit compliance responsibilities as a "co-permittee" as defined by 40 CFR 122.26(b)(1), as that provision may be amended or superseded from time to time, if any.
[Ord. 1449, 10-19-2005]
No grading permit shall be issued when borrow or waste material is to be removed from a grading site unless a use permit has been issued for the operation of a borrow pit on the grading site, a legally nonconforming borrow pit is being operated on the grading site, or the grading comes within one of the exceptions listed in the zoning ordinance of the city.
[Ord. 1449, 10-19-2005]
As a condition of issuance of any grading permit, the owner of the site to be graded and the contractor, if any, shall grant to the city a right of entry on the site for the purposes of inspection and the for purposes of correction of grading not performed in compliance with the terms and conditions of the permit. The owner and the contractor shall agree to indemnify the city for any claims or damages which may result from the city's entry onto the property including any corrective action taken pursuant to such right of entry. The right of entry and indemnification agreement shall be on a form approved by the City Attorney.
[Ord. 1449, 10-19-2005]
(A)
Neither the issuance of a permit under the provisions of this chapter, nor the compliance with the provisions of this chapter or with any conditions imposed by any city official under this chapter, shall relieve any person from any responsibility for damage to persons or property otherwise imposed by law, nor impose any liability upon the city for damage to persons or property.
(B)
The Director of Public Works or any employee charged with the enforcement of this chapter, acting in good faith and without malice for the city in the discharge of his or her duties, shall not thereby render himself or herself liable personally and he or she is relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his duties. Any suit brought against the Director of Public Works or employee, because of such act or omission performed by him or her in the enforcement of any provisions of this chapter, shall be defended by the city until final termination of the proceedings.
[Ord. 1449, 10-19-2005]
Notwithstanding the minimum standards set forth in this chapter, the permittee is 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 any other public or private property without supporting and protecting such property from settling, cracking or other damage which might result.
[Ord. 1449, 10-19-2005]
The owner of any property on which a fill or excavation has been made pursuant to a 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 and other protective devices and planting shown in the approved plans and specifications or in the as-built plans or required by the permit. Facilities dedicated for use by the public and accepted for such use by a public agency are excepted from this maintenance requirement.
[Ord. 1449, 10-19-2005]
During grading operations the permittee shall be responsible for the prevention of damage to any public utilities or services. This responsibility applies within the limits of grading and along any routes of travel of equipment. At least 48 hours prior to excavating, permittee shall request utility locations by contacting Underground Service Alert at 1-800-422-4133.
[Ord. 1449, 10-19-2005]
It shall be the responsibility of the permittee to be knowledgeable of the conditions and/or restrictions placed on the grading permit and as outlined in applicable sections of this code, and as contained on the approved grading plans as in the approved geotechnical report(s). 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 Director of Public Works.
[Ord. 1449, 10-19-2005]
(A)
Prior to the issuance of any grading permit, the Director of Public Works shall refer the application for such permit to the community development department for review and determination whether the proposed grading could have a significant effect upon the environment. The environmental review shall be conducted in accordance with the California Environmental Quality Act guidelines and state statutes. However, such application need not be referred to the community development department if the following condition is met: The City Council, a commission or city officer having final authority for project approval has adopted an environmental impact report which considered the proposed grading or has determined that the project, which included the proposed grading, would not have a significant effect upon the environment.
(B)
Anything contained in this section to the contrary notwithstanding, if in the opinion of the Director of Public Works and the Community Development Director, there are unusual conditions with respect to the property for which an application is filed which renders an environmental review desirable or necessary, the Director of Public Works shall refer the application to the community development department for the aforementioned determination. Such unusual conditions include but are not limited to land located in resource conservation areas as follows:
[Ord. 1449, 10-19-2005]
The City Community Development Department shall review each application referred to it to determine whether the grading, if carried out as proposed, could have a significant effect upon the environment.
[Ord. 1449, 10-19-2005]
If the Community Development department determines that the proposed grading would not have a significant effect upon the environment, it shall so inform the applicant and the Director of Public Works. Upon receipt of notification of such determination, the Director of Public Works may issue the grading permit without requiring an environmental impact report.
[Ord. 1449, 10-19-2005]
If the community development department determines that the proposed grading could have a significant effect upon the environment, the grading permit shall not be issued unless and until the adoption of an environmental impact report, or other environmental clearance, prepared pursuant to the California Environmental Quality Act and city rules and procedures adopted pursuant thereto.
[Ord. 1449, 10-19-2005]
(A)
It shall be the responsibility of the civil engineer who prepared the grading plans to incorporate the applicable recommendations from the soil engineering and engineering geology reports into the grading plan. The civil engineer shall be responsible for establishing line and grade for the grading and drainage improvement and shall act as the coordinating agent in the event the need arises for liaison between the other professionals, the contractor, and the Director of Public Works. The civil engineer shall also be responsible for the preparation of plan revisions and upon completion of the work, the submission of as-built grading plans incorporating all changes and/or additions made during construction. The civil engineer shall certify that the completed grading is in substantial conformance with the approved plan.
(B)
Likewise, the designing landscape architect shall incorporate applicable recommendations from the agronomic soils reports along with appropriate measures related to soils engineering and engineering geology reports into the landscape-irrigation plans. The landscape architect shall also prepare plan revisions for the submission of as-built drawings incorporating all changes and/or additions made during construction. For detailed guidelines for plan preparation the landscape architect shall thoroughly familiarize himself with the city policies, and its guidelines and specifications for landscape development.
(C)
Soil engineering and engineering geology reports shall be required as specified in this code. During grading, all necessary reports, compaction data, soil engineering and engineering geology recommendations and reports shall be submitted to the Director of Public Works. The soil engineer's area of responsibility shall include, but not be limited to, the professional inspection and approval concerning the preparation of ground to receive fills, testing for required compaction, stability of all finish slopes, design of buttress fills where required, and incorporating data supplied by the engineering geologist.
(D)
The engineering geologist's area of responsibility shall include, but not be limited to, professional inspection and approval of the stability of cut slopes with respect to geological matters, and the need for subdrains or other groundwater drainage devices. He or she shall report his or her findings to the soil engineer for engineering analysis.
(E)
The Director of Public Works or his or her representative shall inspect the project at intervals necessary to determine that adequate inspection and testing is being exercised by the professional consultants.
(F)
When preliminary soil engineering reports are not required by the Director of Public Works, they may require inspection and approval by a soil engineer. The soil engineer's responsibility shall include, but not be limited to, approval of cleared areas and benches to receive fill, and the compaction and testing of fills and their inspection and approval.
[Ord. 1449, 10-19-2005]
(A)
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 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 he or she concurs with the findings, conclusions and recommendations, and is satisfied with the work performed. He or she must state that he or she assumes all responsibility within this purview as of a specified date. All exceptions must be justified to the satisfaction of the Director of Public Works.
(B)
Where clearly indicated that the firm, not the individual engineer and/or geologist, is the contracting party, the designated engineer or geologist may be reassigned and another engineer and/or geologist within the firm may assume responsibility.
[Ord. 1449, 10-19-2005]
Grading and equipment operations within one-half mile of a structure for which city has issued a certificate of occupancy shall not be conducted except during the hours specified in § 151.160 of this code as permissible for work of construction, erection, alteration, repair, addition to or improvement of any building, structure, road or improvement to realty. No owner shall engage in grading or equipment operations pursuant to this chapter during other hours without approval of the City Council. With City Council approval, the Director of Public Works may permit grading or equipment operations during other specific hours if the Director determines that such operations are not detrimental to the health, safety or welfare of the inhabitants of such a structure. Permitted hours of grading and equipment operations per this § 162.440 may be shortened by the Director of Public Works' finding of a previously unforeseen effect on the health, safety or welfare of the surrounding community. Work approved to be performed other than during the hours permitted by this § 162.440 shall require an amendment to the grading permit and payment of additional fees to cover necessary inspection of same.
[Ord. 1449, 10-19-2005]
(A)
Cut slopes shall be no steeper than two horizontal to one vertical (2:1). In special circumstances as determined solely by the Director of Public Works, slopes steeper than 2:1 may be approved.
(B)
Slope stability analysis shall accompany soil engineering reports for all slopes steeper than 2:1 and for all slopes exceeding 40 feet in height, regardless of the slope ratio. The soil engineer shall consider both gross and surficial stability of the slope and provide a written statement approving the slope stability.
(C)
Where public streets are to be underlain by bedrock which is excavatable by grading equipment but cannot be excavated with conventional trenching equipment, the Director of Public Works may require a zone in the street to be undercut and replaced as compacted fill to facilitate placement of utilities without resorting to blasting. No rock blasting shall be permitted unless approved by the City Council.
(D)
Any grading plan which proposes cut slopes steeper than 5:1 and having a vertical height of six feet or greater shall be subject to the review and approval of the planning commission prior to permit issuance.
[Ord. 1449, 10-19-2005]
(A)
Fills — Maximum slope, construction.
(1)
Fill slopes shall be no steeper than two horizontal to one vertical (2:1), exclusive of benches or terraces.
(2)
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 Director of Public Works. 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.
(3)
At least 20% of the field density test taken within the slope, during grading, shall be located within the outer three feet of the final slope surface, and at least one density foot shall be taken within the outer eleven inches of the finished slope face for every 5,000 square feet of slope area.
(4)
Fill slopes shall not be constructed on natural slopes steeper than two horizontal to one vertical (2:1), or where the fill slope toes out within 12 feet horizontally of the top of existing cut slopes adjacent to the permit area boundary unless evidence is submitted by the soil engineer and/ or engineering geologist which indicates adequate stability and the proposed slope is approved by the Director of Public Works.
(5)
Any grading plan which proposes fill slopes steeper than 5:1 and having a vertical height of six feet or greater shall be subject to the review and approval of the Planning Commission prior to permit issuance.
(B)
Preparation of ground.
(1)
The ground surface shall be prepared to receive fill by removing vegetation; non-complying fill; topsoil and other unsuitable materials; and by scarifying to a minimum depth of 12 inches to provide a bond with the new fill. Where existing slopes exceed five feet in height and/or are steeper than five horizontal to one vertical (i.e., 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 Director of Public Works. The lowermost bench beneath the toe of a fill slope shall be a minimum of ten feet in width. The ground surface below the toe of fill shall be prepared for sheet flow runoff, or a paved drain shall be provided.
(2)
Where fill is to be placed over a cut slope, the bench under the toe of the fill shall be at least 15 feet wide and shall meet the approval of the soil engineer and/or engineering geologist as a suitable foundation for fill.
(C)
Fill material.
(1)
Detrimental amounts of organic material shall not be permitted in fills. No rocks greater than six inches dimension shall be placed within five feet of the finished grade. Except as outlined below, no rock or similar irreducible material with a maximum dimension greater than 12 inches shall be buried or placed in fills.
(2)
The Director of Public Works may permit placement of rock when the soils engineer properly devises a method of placement, continuously inspects placement, and approves the soil stability and competency. The following conditions shall also apply:
(a)
Prior to issuance of the grading permit, potential rock disposal area(s) shall be delineated on the grading plan;
(b)
Rock sizes greater than 12 inches in maximum dimension shall be ten feet or more below grade, measured vertically, and/or ten feet measured horizontally from slope faces whichever greater;
(c)
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 Director of Public Works.
(3)
All rock shall be placed so as to be completely surrounded by soils; no nesting of rocks will be permitted.
(D)
Compaction.
(1)
All fills shall be compacted to a minimum of 90% of maximum density as determined by ASTM D1557-78 (five layer test). Field density tests shall be performed in accordance with ASTM D1556-78, or equivalent as approved by the Director of Public Works. At least 25% of the total test shall be by ASTM D1556-78 to verify the accuracy of the equivalent method. All such tests shall be reasonably uniformly distributed within the fill or fill slope surface (See division (A) of this section) so that representative results are obtained.
(2)
Locations of field density tests shall be determined by the engineer or approved testing agency and as directed by the Director of Public Works, but shall be sufficient in both horizontal and vertical placement to provide representative testing of all fill placed. Testing in areas of a critical nature or special emphasis shall be in addition to a network of representative sampling.
(3)
Sufficient maximum density determinations by test method ASTM 1557-78 shall be performed during the grading operations to verify that the maximum density curves used are representative of the material placed through the fill.
(E)
Buttress/stabilization fills. Recommendations for buttress fills or stabilization fills by the soil engineer shall be accompanied by a report setting forth the soil or geologic factors necessitating the buttress/stabilization fill, stability calculations, the approved grading plan showing the location of the buttress/stabilization fill, a scaled section of the buttress/stabilization fill, and recommendations with details of subdrain requirements.
(F)
Utility line backfill. Backfills for utility line trenches, such as stormdrain, water, sewer, gas, cable television and electrical services shall be compacted and tested in accordance with division (D) of this section. 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 Director of Public Works prior to backfilling. The final utility line backfill report from the project soil engineer shall include a statement of compliance by the soil engineer that the tested backfill is suitable for the intended use.
[Ord. 1449, 10-19-2005]
Unless waived by the Director of Public Works, a compacted earthen berm shall be constructed at the top of all slopes steeper than 5:1. The berm shall conform to the slope and shall be a minimum of one foot high and four feet wide.
[Ord. 1449, 10-19-2005]
The setbacks and other restrictions specified by this section are minimum and may be increased by the Director of Public Works or by the recommendation of a civil engineer, soils 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 Director of Public Works. Where zoning requirements exceed the minimums in this chapter, the zoning setbacks shall govern.
[Ord. 1449, 10-19-2005]
The tops and toes of slopes shall be set back from the outer boundaries of the permit area, including slope rights, areas and easements, in accordance with Figure A and Table A in § 162.500. Lot lines shall be located at the top of slopes, including berms, wherever practicable.
[Ord. 1449, 10-19-2005]
(A)
Setbacks between graded slopes (cut or fill) and structures shall be provided in accordance with Figure A and Table A and Figure B and Table B as applicable.
(B)
At least one side yard of at least five feet from any building wall or projection or attachment thereto shall be provided to the toe or top of a slope, unless waived by the Director of Public Works. No provision in this section shall be construed to allow less than the required setback for berms and drainage unless an improved drainage device is used to reduce these requirements.
NOTES: | |
1. | PA permit area boundary and/or property lines; MFD manufactured surface. |
2. | Setbacks shall also comply with applicable zoning and development code regulations. |
3. | Table A applies to manufactured slopes and 2:1 or steeper natural slopes. Setbacks from natural slopes flatter than 2:1 shall meet the approval of the Director of Public Works. |
4. | "b" may be reduced to five feet minimum if an approved drainage device is installed within b roof gutters and downspouts may be required. |
5. | "b" may be reduced to less than five feet if no drainage is carried on this side and if roof gutters are included which do not drain into the b area; d may not be reduced. |
6. | If the slope between "a" and "b" levels is replaced by a retaining wall, a may be reduced to zero and b remains as shown in Table A. The height of the retaining wall shall be controlled by zoning and development code regulations. |
7. | "b" is measured from the face of the structure or any attachment thereto to the top of the slope. |
8. | "d" is measured from the lower outside edge of the footing along a horizontal line to the face of the slope. Under special circumstances, d may be reduced as recommended in the approved soil report and approved by the building official. |
9. | The use of retaining walls to reduce setbacks as shown in Figure B and Table B must be approved by the Director of Public Works and requires separate permits. |
10. | "f" may be reduced to zero feet if the building official approves a combination structure wall-retaining wall and the Director of Public Works approves the slope configuration and drainage pattern. |
[Ord. 1449, 10-19-2005]
Unless otherwise indicated in the approved grading plan, drainage facilities and terracing shall conform to the provisions of this section, and to the currently adopted design standards and the master drainage plan, except where otherwise specified.
[Ord. 1449, 10-19-2005]
(A)
Terraces at least eight 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. Terrace widths and spacing of cut and fill slopes greater than 90 feet in height shall be designed by the civil engineer upon recommendation of the soil engineer and approved by the Director of Public Works. Suitable access shall be provided to permit proper cleaning and maintenance.
(B)
Terrace drains shall be constructed on all terraces, using concrete with suitable reinforcement, with a minimum grading of 5% unless waived by the Director of Public Works due to special circumstances. Construction of the drains shall be such that concrete is a minimum of ½ inch below (and a maximum of four inches below) the surface elevation of the adjacent grade. The terrace drain shall have a minimum depth at the deepest point of one foot and a minimum width of three feet (measured across the top) and shall be designed to accommodate the runoff created.
(C)
Unless otherwise approved by the Director of Public Works, a single run of terrace drain shall not collect more than 13,500 square feet of drainage area without discharging into a downdrain or other approved collection device. Approval of alternatively designed terrace drains shall be based on runoff generated by rainfall intensities characteristic of the peak portion of a rainfall hydrograph for a period of time concentration at the discharge point of the terrace drain. Splash walls, velocity reducers, flow spreaders and other structures shall be provided in accordance with good engineering practice.
(D)
Construction of the terrace drains shall be as described for gutters and down drains in this chapter, and shall be located on the terraces with one side of the ditch two feet from the toe of slope.
[Ord. 1449, 10-19-2005]
Concrete interceptor drains shall be installed along the top or toes of all cut or fill slopes where the tributary drainage area directs runoff over the slope or toward or along the toe of slope; unless waived by the Director of Public Works. The slope of the drain shall be approved by the Director of Public Works.
[Ord. 1449, 10-19-2005]
(A)
Cut and fill slopes shall be provided with subsurface drainage as necessary for stability, and as recommended by the soils engineer and/or the engineering geologist.
(B)
All canyons and buttress fills shall be provided with subdrains unless approved otherwise by the Director of Public Works, based upon the information provided by the engineering geologist and/or the soil engineer indicating that they are not necessary and recommending against them.
[Ord. 1449, 10-19-2005]
Stormwater runoff from lots or adjacent properties shall not be carried over cut or fill slopes steeper than 5:1. Such runoff shall be provided for as follows:
(A)
As required by § 162.140(B), whenever feasible, drainage shall be retained onsite within percolation areas or drywells identified on the grading plan and as approved by the Director of Public Works.
(B)
If division (A) of this section is determined by the Director of Public Works not to be feasible, each lot shall be graded so that stormwater will drain away from the structure at a grade of 2% and from the backyard through the side yard and front yard with a grade of ½% minimum directly to an abutting street or approved drainage facility, without flowing across other lots or cut and fill slopes. Where the velocity of the flow is found to be erosive, an improved drainage device shall be required.
(C)
When the provisions of divisions (A) and (B) of this section are not feasible as determined by the Director of Public Works, stormwater shall be collected along the top of banks or at the rear of the graded lots by means of improved gutters or interceptor drain and carried to properly sized improved outfalls or area drains or devices which shall not be allowed to drain across the surface of sidewalks or parkways.
(D)
Connecting downdrains between the interceptor drains and/or terrace ditches shall be constructed of poured portland cement concrete or airblown mortar, both reinforced with wire mesh, and of sufficient depth (a minimum of 18 inches deep) to allow for an unimpeded flow when terraces are crossed. If pipe downdrains of concrete are used, anchor lugs or collars may be required. Pipe specifications shall be approved by the Director of Public Works. Special design features shall be provided as required for abrupt changes of direction.
(E)
The discharge from any downdrain, ditch, or pipe shall be controlled so as to prevent erosion of the adjacent ground. Velocities shall be reduced by means of adequately sized aprons of rock, grouted rip rap, or box type energy dissipaters. Rip rap sizing shall be designed based upon flow velocities and rip rap shall be placed in a manner so as not to create other erosion problems.
(F)
Runoff volumes shall be computed using reasonable estimates of infiltration and evaporation of rainfall. Infiltration shall be assessed based in infiltration capacity of soil types expected to be encountered during project development a well as the percentage covered by impervious or nearly impervious surfaces. Conditions assumed for determining infiltration rates shall be consistent with absorption capacity of the soil being satisfied by prior irrigation or storm activity. Actual time of concentration shall be used to determine rain fall rates used in design.
(G)
Surface drainage shall not be carried across a lot or parcel within three feet of a structure, without the use of an improved drainage device.
[Ord. 1449, 10-19-2005]
For all drainageways where the continuous functioning of the drainageway is essential to the protection and use of multiple properties, a covenant and/or deed restriction shall be recorded by the applicant, placing the responsibility for the maintenance of the drainageways on the owner of record of each respective lot affected. Permanent off-site drainage easements, as required by the Director of Public Works, shall be acquired by the permittee. Such easements shall be subject to approval of the Director of Public Works and City Attorney and recorded prior to issuance of the grading permit.
[Ord. 1449, 10-19-2005]
No grading work shall be allowed between October 15 and the following April 15 on any site when the Director of Public Works determines that erosion, mudflow or sediment of silt discharge may adversely affect downstream properties, drainage courses, storm drains, streets, easements, or public or private facilities or improvements unless an approved erosion control system has been implemented on the site.
[Ord. 1449, 10-19-2005]
When it is determined by the Director of Public Works that an erosion control system shall be required on a site, plans for an erosion control system shall be prepared and submitted for the review and approval of the Director of Public Works by September 15 of each year for projects under a valid permit.
[Ord. 1449, 10-19-2005]
An erosion control plan shall include, but not be limited to, the following information:
(A)
Name, address and a 24-hour phone number of the owner or responsible party, and the person or contractor responsible for installing and maintaining the erosion control system and performing emergency erosion control work;
(B)
The name, address and signature of the civil engineer or person who prepared the plan;
(C)
All desilting basins, debris basins, silt traps and other desilting, velocity retarding, and protection facilities necessary to adequately protect the site and downstream properties from erosion and its effects;
(D)
The streets, easements, drains and other improvements which will be existing as of October 15th;
(E)
The location and placement of sandbags, diverters, check dams, slope planting, drains and other erosion controlling devices and measures;
(F)
Access routes to all such erosion control facilities and how access shall be maintained during inclement weather.
(G)
Data corresponding to an owner's compliance with all federal, state and local authority and regulations applicable to SWPPPs, PM10 plans, and NPDES plans, including but not limited to an owner's fulfillment of permit compliance responsibilities as a "co-permittee" as defined by 40 CFR 122.26(b)(1), as that provision may be amended or superseded from time to time, if any.
[Ord. 1449, 10-19-2005]
(A)
The faces of cut and fill slopes and the project site shall be prepared and maintained to control against erosion. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be omitted upon approval by the Director of Public Works.
(B)
Where necessary, temporary and/or permanent erosion control devices such as desilting basin, check dams, cribbing, rip rap, or other devices or methods as approved by the Director of Public Works, shall be employed to control erosion and provide safety during the rainy season from October 15 to April 15.
(C)
Desilting basins constructed of compacted earth shall be compacted to a relative compaction of ninety percent of maximum density. A soil engineering report prepared by the soil engineer including the type of field testing performed, location and results of testing shall be submitted to the Director of Public Works for approval upon completion of the desilting basins.
(D)
Desilting facilities shall be provided at drainage outlets from the graded site, and shall be designed to provide a desilting capacity capable of containing the anticipated run-off for a period of time adequate to allow reasonable settlement of suspended particles.
(E)
Desilting basins shall be constructed around the perimeter to projects, whenever feasible, when it provides improved maintenance access from paved roads during wet weather.
(F)
The erosion control provisions shall take into account drainage patterns during the current and future phases of grading throughout the rainy season.
(G)
Erosion protection shall consist of effective planting of all slopes in excess of five feet in height unless otherwise approved by the Director of Public Works.
(H)
Planting of the slopes shall be done as soon as practicable, which may be prior to rough grade approval. Effective plantings shall be installed, fully germinated and effectively cover the required slopes.
(I)
The permittee or owner shall be responsible for control or erosion on all areas of the project until acceptance of the completed project. This responsibility extends to completed and occupied lots.
(J)
Equipment and workers for emergency work shall be made available at all times during the rainy season. Necessary material shall be available on-site and stockpiles at convenient locations to facilitate rapid construction of temporary devices when rain is imminent.
(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)
If the owner does not provide the required installation or maintenance of erosion control structures, the Director of Public Works may issue contracts for such work and charge the cost of this work to the cash deposits or other instruments implemented for this work. No additional work on the project except erosion control work may be performed until the fill amount drawn from the deposit is restored by the developer.
[Ord. 1449, 10-19-2005]
This code forbids the placing, storing, dumping or depositing of dirt, rocks or any building material on the public streets or any portion of the public right-of-way. All vehicles engaged in hauling materials under the permit provision of this chapter shall refrain from depositing the material 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 Director of Public Works may require a cash deposit to insure the clean-up of public streets.
[Ord. 1449, 10-19-2005]
The permittee conducting any earth-moving operation under this chapter which required vehicles to haul earth materials on any public street shall be responsible for the complete removal of such materials from the street; of earth, mud or other material, if spilled, dumped, or deposited on a public street. If the permittee fails to remove completely such spillage, and it is necessary for the city to cause such removal to be made, the permittee and/or the property owner shall be liable to pay the city the full cost of such removal work. A cash deposit may be required prior to grading permit issuance to insure the clean-up of public streets.
[Ord. 1449, 10-19-2005]
The contractor/permittee conducting any earth-moving operation under this chapter shall be responsible for controlling dust and blowing sand at all times in a manner acceptable to the Director of Public Works.
[Ord. 1449, 10-19-2005]
Each adjacent owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purpose of construction or improvement, under the following conditions:
(A)
Any owner of land or his lessee intending to permit or to make an excavation greater than ten feet in depth within ten feet of his 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.
(B)
In making any excavation reasonable care and skill shall be used and reasonable precautions taken 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.
(C)
No grading shall be approved which physically prevents access to any parcel.
[Ord. 1449, 10-19-2005]
(A)
Prior to the approval of any building or grading plans and specifications, the Director of Public Works may inspect the site to determine that the plans and specifications are current and reflect existing conditions.
(B)
After permit issuance, but prior to any grading, brushing, or clearing, there shall be a pre-grading meeting held on the site. Prior to pouring curb and gutter or placement of pavement base material, there shall be a pre-paving meeting held on the site. The permittee, or his or her agent, shall notify the Director of Public Works at least two working days prior to the meetings and shall be responsible for notifying all principals responsible for grading or paving related operations.
[Ord. 1449, 10-19-2005]
The following inspections shall be required of the items of work listed, at the stage or time indicated. The permittee shall notify the Director of Public Works at least one working day ahead of the time the work will be ready:
(A)
Excavation and fill inspection.
(1)
Canyon cleanout. After all brush and unsuitable material has been removed and an acceptable base has been exposed, but before any fill is placed;
(2)
Toe bench and key. After the natural ground or bedrock is exposed and prepared to receive fill, but before fill is placed;
(3)
Over-excavation. After the area has been excavated but before fill is placed;
(4)
Excavation. After the excavation is started, but before the vertical depth of the excavation exceeds ten feet, and every ten-foot interval thereafter;
(5)
Fill. After the fill has started, but before the vertical height of the fill exceeds ten feet and every ten-foot interval thereafter.
(B)
(C)
Drainage device other than concrete or gunite inspection.
(2)
Storm drains and inlets.
(a)
After placement of storm drains but prior to covering with backfill. The civil engineer shall provide written approval indicating substantial conformance to line and grade;
(b)
After placement of inlet forms but prior to pouring concrete. The civil engineer shall provide written approval indicating substantial conformance to a line and grade;
(D)
Rough grade inspection. When all rough grading has been completed. This inspection may be called for at the completion of rough grading after the Director of Public Works has reviewed and approved the required reports, and the civil engineer has submitted written approval indicating substantial conformance to line and grade. Under normal circumstances, all subdrains and slope drains shall be in place and approved as a condition for rough grading approval.
(E)
Paving inspection.
(1)
Subgrade. After subgrade has been established, tested and approved by the soil engineer, or his qualified representative. The soil engineer may leave a field memo or compaction test results on site. The civil engineer shall provide written approval indicating substantial conformance to line and grade.
(2)
Base. After the aggregate base course has been placed, tested and approved by the soil engineer, or his or her qualified representative, but prior to prime coat and asphalt placement. The soil engineer may leave a field memo on site to provide compaction test results. Material invoices may be required.
(3)
Asphalt concrete.
(a)
During asphalt lay-down, to verify compliance with plans and specifications. Continuous inspection by an approved testing agency, its qualified representative, the city inspector or a special inspector may be required when authorized by the Director of Public Works. Material invoices may be required.
(b)
Prior to application of seal coat, the paved surface shall be water-tested to reveal any irregularities and shall be patched where required. Material invoices may be required after placement of seal coat.
(F)
Irrigation inspection.
(1)
Installation of irrigation. Improvements shall only be accomplished after approval of appropriate plans and specifications.
(2)
Main line. At the completion of main line installation and prior to backfilling, a hydrostatic pressure test shall be performed in the presence of the city's landscape inspector or other designee, in conformance with city landscape policies and as may be detailed in city's guidelines and specifications for landscape development.
(3)
Lateral lines and control valves. During installation of lateral lines, inspection shall be made to assure continuous support of all pipe, properly assembled fittings and valve installation, as well as proper backfill procedures.
(4)
Coverage test. When the irrigation system is completed, a coverage test shall be performed in the presence of the city landscape inspector. For more detailed requirements and scheduling of inspections, review the city's policies, and consult its guidelines and specifications for landscape development.
(G)
Planting inspection.
(1)
General soil preparation. After finish grade has been established and appropriate drainage is accomplished, incorporation of approved amendments shall be inspected. Material invoices may be required.
(2)
Plant pit preparation. During the preparation of all plant pits, inspection shall confirm proper procedures are followed to maximize the promotion of healthy root development. Material invoices may be required.
(3)
Weed abatement program. Compliance with program, as addressed in city's policies and detailed in the guidelines and specifications for landscape development, shall be inspected.
(4)
Staking and/or guying procedures. Upon completion of planting, all nursery stakes directed to be removed, proper staking and/or guying practices shall be accomplished. Inspection of procedures will confirm compliance.
(H)
Final inspection. When all work, including installation of all drainage structures, debris removal, irrigation, slope planting and other protective devices, precise grading, and such additional work as may be required by any provision of this chapter has been completed and all written professional approvals, certifications and the required reports have been submitted.
(I)
Establishment and maintenance inspection. Inspections shall confirm compliance with all specified procedures for continuous care of landscape improvements. Material invoices may be required.
(J)
Erosion control facilities (rainy season - October 15 to April 15).
(1)
After excavation of desilting basins but prior to fill placement, prefabricated devices are to be available on-site for inspection;
(2)
After fill placement for desilting basins but prior to placement of concrete or other non-erosive materials;
(3)
After completion of an erosion control system in accordance with an approved erosion control plan and the requirements of the Director of Public Works.
[Ord. 1449, 10-19-2005]
Ninety percent of security posted pursuant to § 162.280 shall be released to owner upon the completion of improvements permitted per this chapter and the passage of final inspection per § 162.660(H). City shall retain the remaining 10% of posted security through the first year after the passage of final inspection in order to insure, and fund if necessary, the workmanship and maintenance of any public or private Improvements implemented pursuant to this chapter. Any security not needed to address issues as to the workmanship or maintenance of such improvements during said first year shall be refunded to owner.
[Ord. 1449, 10-19-2005]
If in the course of fulfilling their responsibility under this code, the civil engineer, the soil engineer, the engineering geologist, or the testing agency finds that the work is not being performed in accordance with approved plans, specifications, or this code, the discrepancies shall be reported immediately in writing to the grading contractor, the owner, and the Director of Public Works. Recommendations for corrective measures shall be submitted for approval by the Director of Public Works.
[Ord. 1449, 10-19-2005]
The Director of Public Works may establish special inspection requirements in accordance with Section 306 of the Uniform Building Code, amended, for special cases involving grain or paving related operations. Special cases may apply to work where, in the opinion of the Director of Public Works, it is necessary to supplement the resources or expertise available for inspection.
[Ord. 1449, 10-19-2005]
(A)
The provisions of Section 202(d) Stop Orders of the Uniform Building Code, shall apply to all grading work. Whenever the Director of Public Works determines that any work does not comply with the terms of a permit, or this code, or that the soil or other conditions are not as stated on the permit, or that work is being done improperly, or in a hazardous manner, he may order the work stopped by notice in writing served on any person engaged in doing or causing of such work to be done, and any such persons shall forthwith stop such work until authorized by the Director of Public Works to proceeds with the work.
(B)
Whenever any work on which inspections are required is covered or concealed by additional work without first having been inspected, the Director of Public Works 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.
(C)
If the inspector finds the soil or other conditions not as stated in the approved plans and geotechnical reports or in additional information which was required for issuance of the grading permit, the may issue a stop work order until approval is obtained for a revised grading plan which will conform to the conditions.
(D)
Work may resume and the stop order shall be rescinded upon the Director of Public Works' determination that conditions have changed, corrections been made, or the causes or actions which require a stop order have been acceptably remedied or alleviated to his or her satisfaction.
[Ord. 1449, 10-19-2005]
(A)
Final reports. Upon completion of the rough grading work and at the final completion of the work under the grading permit, but prior to the release of grading securities or issuance of a certificate of use and occupancy, the Director of Public Works shall require:
(1)
An as-graded grading plan prepared, signed and dated by the responsible civil engineer which shall include original and as-graded ground surface elevations, pad elevations, slope ratios, and elevations and locations of all surface and subsurface drainage facilities, location and scaled sections of all buttress/stabilization fills, subdrains, and general location and depth of all areas of removal of unsuitable soil.
(2)
A written statement by the civil engineer certifying the grading as being in substantial conformance with the approved grading plan and which specifically states the following items were performed under his or her supervision, and are shown correctly on the as-built drawings:
(a)
Quantities of cut, fill, export and import;
(b)
Staking of line and grade for all pads, engineered drainage devices and retaining walls (rough and final grading);
(c)
Staking of property corners for proper building and slope location (rough grading);
(d)
Location of permanent walls or structures on property corners or property lines;
(e)
Location and slope ratio of all manufactured slopes;
(f)
Construction of earthen berms and positive building pad drainage.
(3)
A final 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 the test method of obtaining the in-place density described; either ASTM D1556 78 or the approved equal shall be so noted. The soil engineer shall provide written approval as to the adequacy of the site for the intended use, as affected by soil engineering factors and a statement of compliance to finish grade. Such report may consist of a series of reports at various stages of construction.
(4)
A geologic report 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. He or she shall provide written approval as to the adequacy of the site for the intended use as affected by geologic factors, a statement of compliance to finish grade, and when required by the Director of Public Works, shall submit an as-built geologic map.
(B)
Notification of completion. The permit holder or his agent shall notify the Director of Public Works when the grading operation is ready for final inspection. Final inspection and approval release for use and occupancy shall not be given until all work, including installation of all drainage facilities and their protective devices, and all erosion control measures, have been completed in accordance with the final approved grading plan and the required reports and statements of compliance have been submitted.
[Ord. 1449, 10-19-2005]
Nothing in this grading chapter shall preclude the inclusion in any use permit, subdivision approval, variance, waiver, review or other approval issued or approved pursuant to the city zoning ordinance, general plan or review or other approval issued or approved pursuant to the city zoning ordinance, general plan or any other city ordinance of any condition, provision or requirement concerning the grading of land. Nothing in this grading chapter shall preclude the requirements for the owner or applicant or obtain any other permit or approval required by law from any other public or private party, or agency.
[Ord. 1449, 10-19-2005]
Notwithstanding § 162.740, any grading done contrary to the provisions of this chapter is also a public nuisance. Upon order of the Planning Commission, the City Attorney is authorized to commence necessary proceedings provided by local or state law to abate, remove and/or enjoin such public nuisance. Any grading done without grader's first having obtained a grading permit therefor, regardless of whether such failure is due to neglect or refusal, shall be prima facie evidence that a public nuisance has been committed. To implement this section, the City Attorney may proceed as a civil or criminal remedy. The civil remedy may be before a court within the local jurisdiction or may be an adjudicatory hearing pursuant to the city's nuisance abatement procedure.
[Ord. 1449, 10-19-2005]
Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof such person shall be punishable by a fine of not more than $500 or by imprisonment for not more than six months, or by both such fine and imprisonment for each violation. Each such person, firm, or corporation shall be deemed guilty of a separate offense for every day during any portion of which any violations of any provision of this chapter, is permitted, continued, or committed by such person, firm, or corporation and shall be punishable therefor as provided for in this chapter.