This chapter shall be known, and may be cited and referred to, as the "grading ordinance."
(Ord. 2022-07 § 2 (Exh. A))
This chapter establishes standards for the preparation of sites and construction activities to protect against injury to persons and/or property arising from unwarranted or unsafe grading, drainage works, or other aspects of site development. Thus, the city council adopts this chapter to:
A.
Establish standards and administrative procedures for grading and excavation.
B.
Provide guidelines and requirements such that neighboring and downstream properties are protected from drainage problems resulting from new development including potential harmful effects of runoff, inundation, and erosion.
C.
Provide guidelines and requirements for approval of plans and inspection of grading construction.
(Ord. 2022-07 § 2 (Exh. A))
A.
Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are severable. The city council hereby declares that it would have adopted this chapter irrespective of the invalidity of any particular portion thereof.
B.
Nothing in this chapter is intended to repeal or replace requirements of the California Building Code Appendix J as adopted by the city of Winters, unless otherwise provided in this chapter.
(Ord. 2022-07 § 2 (Exh. A))
As used in this chapter, the following words and phrases shall have the meanings given in this section:
means the planning commission and/or city council.
is earth material acquired from an off-site location for use in grading on a site.
means the building division of the community development department of the city of Winters.
means the chief building official of the city or his or her designee.
shall mean a written engineering or geological opinion concerning the progress and completion of the work.
means the city of Winters.
means the city engineer of the city of Winters or his or her designee.
means a professional engineer registered in the state to practice in the field of civil works.
means the application of the knowledge of forces of nature, principles of mechanics and the properties of materials to the evaluation, design, and construction of civil works for the beneficial uses of mankind.
means the removal of items such as, but not limited to, debris grasses, weeds, scrub brush, etc., from a site in preparation of grading a site, or for purposes of abating rubbish.
means the densification of a fill by mechanical means.
means the period from April 15th through October 15th in which earth moving construction activities are permitted with issuance of a grading permit unless otherwise exempted.
means any rock, natural soil or fill and/or any combination thereof.
means the engineering division of the city of Winters.
means a geologist experienced and knowledgeable in engineering geology.
means 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 works.
means the city Improvement Standards, Standard Drawings, and Construction Specifications, as may be amended from time to time.
means the wearing of the ground surface as a result of the movement of wind, water and/or ice.
means the mechanical removal of earth.
means a deposit of earth material placed by artificial means.
means the final grade of the site which conforms to the approved plan.
includes the act or result of digging, excavating, transporting, spreading, depositing, filling, compacting, settling, or shaping of land surfaces and slopes, and other operations performed by or controlled by human activity involving the physical movement of rock or soil.
means a permit issued by the building division, which authorizes grading in accordance with the provisions of this chapter.
means the designed compacted fill placed in a trench in earth material beneath the toe of a proposed fill slope.
means any combination or topsoil, earth, rock and/or muck.
means the planning division of the city of Winters.
means the period from October 15th through April 15th in which earth moving construction activities are restricted.
means the stage at which the grade approximately conforms to the approved plans.
means any lot or parcel or contiguous combination thereof, owned by one or more persons, on which grading is proposed or occurring.
means an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.
means naturally occurring surficial deposits, overlaying bedrock.
means a civil engineer experienced and knowledgeable in the practices of soil engineering.
means the application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof.
means a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.
means a fill greater than one foot in depth and/or in excess of twenty (20) cubic yards.
(Ord. 2022-07 § 2 (Exh. A))
This chapter shall be administered by the building division through the building permit process, improvement plan process, or capital improvement project process, as applicable.
(Ord. 2022-07 § 2 (Exh. A))
To prevent premature grading of the existing terrain and to ensure preservation of natural vegetation within the city, grading and/or removal of natural vegetation shall not occur before the issuance of a land use permit (e.g., conditional use permit, planned development, etc.) and required grading or building permit authorizing development on the subject parcel. No person shall perform any grading and/or removal of natural vegetation without first having obtained a grading permit from the building official except as provided in California Building Code Appendix J and under the following circumstances:
A.
An excavation below finish grade for basements and footing of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structure.
B.
Excavation for cemetery graves.
C.
Refuse disposal sites controlled by other regulations.
D.
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 pressure upon any adjacent or contiguous property.
E.
An excavation which (1) is less than two feet in depth, or (2) which does not create a cut slope greater than five feet in height and steeper than one and one-half horizontal to one vertical.
F.
A fill less than one foot in depth and placed on natural terrain with a slope flatter than five horizontal to one vertical, or less than three feet in depth, not intended to support structures and does not obstruct a drainage course.
G.
Earth moving, clearing, grubbing, excavation, or fills that results in less than twenty (20) cubic yards or disturbs five hundred (500) square feet or less, whichever is less.
H.
Vegetation and tree removal on an existing developed single-family residential lot. This exemption also applies to accessory dwelling units on existing developed single-family residential lots. Tree removal associated with an approved building permit for a single-family residence and/or accessory dwelling unit is also exempt. This exemption does not apply to vacant single-family residential lots.
I.
Removal of vegetation and/or trees performed within an open space area by a subdivision homeowner's association or similar organization or a public agency in order to maintain the health of the open space area and/or enhance fire safety. Documentation from a registered forester or other similar licensed professional shall be provided to planning division staff for review prior to any vegetation and/or tree removal.
J.
Removal of vegetation and/or trees to comply with fuel clearance regulations of the fire department. Documentation from a registered forester or other similar licensed professional shall be provided to planning division staff for review prior to any vegetation and/or tree removal.
K.
Removal of vegetation and/or trees to comply with any applicable local, state, or federal defensible space regulations. Documentation from a registered forester or other similar licensed professional shall be provided to planning division staff for review prior to any defensible space clearing activities.
L.
Existing nursery and agricultural operations conducted as a permitted main or accessory use.
(Ord. 2022-07 § 2 (Exh. A))
A.
All grading within the city, whether or not a permit is required, shall be performed in conformance with the requirements of this chapter, the California Building Code, the Standard Construction Specifications, and all other city codes or ordinances including, but not limited to, dust control, erosion control, protection of waterways and drainage ways, sediment control, excavation, cut and fill, slope and compaction requirements.
B.
A grading permit shall not be issued until the associated building permits are issued unless grading is secured with an appropriate performance guarantee in compliance with Sections 15.100.140(D) or 16.16.040 and 16.16.050.
C.
All grading activities shall incorporate appropriate erosion and sediment control measures, dust prevention and control, storm drainage and runoff, best management practices, and any other requirements or standards as provided in the Standard Construction Specifications.
D.
Where the California Environmental Quality Act (CEQA) requires the preparation and approval of environmental documents concerning a project which will result in grading for which a grading permit is required under this chapter, no grading shall be approved until all CEQA requirements have been met, including, but not limited to, mitigation measures relating to protection of threatened and endangered species under applicable federal and state endangered species laws.
E.
Grading approval shall be limited to work shown on the grading plans as approved by the building official. The building official may impose any condition deemed necessary to protect the health, safety, and welfare of the public, to prevent the creation of a hazard to public or private property, and/or to assure proper completion of the grading, including, but not limited to, the following:
1.
Mitigation of adverse environmental impacts as disclosed by any environmental findings, including, but not limited to, those matters specified in subsection D of this section;
2.
Improvement of any existing grading to comply with the standards of this chapter;
3.
Requirements for fencing or other protection of grading which would otherwise be hazardous;
4.
Requirements for dust, erosion, sediment and noise control, hours of operation and season of work, access roads and haul routes;
5.
Requirements for safeguarding watercourses, whether natural or manmade, from excessive deposition of sediment or debris. In no case shall deposition of sediment or debris cause an exceedance of applicable water quality standards;
6.
Assurance that the land area in which grading is proposed and for which habitable structures are proposed is not subject to hazards of land slippage or significant settlement or erosion and that the hazards of flooding can be eliminated or adequately reduced;
7.
Requirements for safeguarding existing water wells.
(Ord. 2022-07 § 2 (Exh. A))
New subdivisions shall be designed so that all proposed grading incorporates appropriate erosion and sediment control measures in compliance with this chapter and the Standard Construction Specifications.
(Ord. 2022-07 § 2 (Exh. A))
As part of the approval of a conditional use permit, planned development, variance, or other land use permit, the approval authority shall make one of the following findings:
A.
Performance guarantees in compliance with Sections 16.16.040 (Improvement Security—Required) and 16.16.050 (Improvement Security—Amount) shall be required prior to issuance of any grading or building permits for the project to guarantee restoration of the site if the project is not completed;
B.
There is sufficient evidence demonstrating there is adequate financing for the project to guarantee that the project will be completed; or
C.
Performance guarantees are not necessary, given the particular circumstances of the application.
(Ord. 2022-07 § 2 (Exh. A))
The city will only issue a grading permit during construction season of each year. Any submittal during the rainy season will be reviewed on a case-by-case basis as determined by the building division and engineering division.
(Ord. 2022-07 § 2 (Exh. A))
No person shall perform any grading work within the right-of-way of a public road or street, or within a public easement, without prior written approval of the building official, and without obtaining a city encroachment permit.
(Ord. 2022-07 § 2 (Exh. A))
Whenever the building official determines that any grading on private property constitutes a condition which could endanger persons or property, or could adversely affect the safety, use or stability of adjacent property, or an overhead or underground utility, or any public way, watercourse or drainage channel, or could adversely affect the water quality of any water bodies or watercourses, the owner of the property upon which the condition is located, or other person or agent in possession or control of said property, upon receipt of notice in writing from the building official, shall, within the period specified therein, stop all work. The building official may require the submission of plans, soil or geological reports, detailed construction recommendations, drainage study or other engineering data prior to and in connection with any work or activity proposed or required to correct such condition.
(Ord. 2022-07 § 2 (Exh. A))
No person shall perform or permit the performance of any grading which may obstruct, impede, or interfere with the natural flow of stormwaters, whether such waters are unconfined upon the surface of the land or confined within land depressions, natural drainage ways, unimproved channels, watercourses, improved ditches, channels or conduits, in such manner as to cause flooding where it would not otherwise occur, aggravate any existing flooding condition or cause accelerated erosion except where said grading is in accordance with the provisions of this chapter and all applicable laws, regulations or orders.
(Ord. 2022-07 § 2 (Exh. A))
A.
General. The building official shall issue grading approval if grading plans satisfy the provisions of this chapter and the Standard Construction Specifications. The building official shall identify the provision, requirement, or condition which has not yet been met or performed by the applicant in the event the issuance of grading approval is denied.
B.
Filing of Application for Grading Approval – Permit. Applications for grading permits shall be obtained from and filed with the building division. Each application shall include a plan checking fee, the grading plans, and any other information as deemed necessary by the building official. Only one application and permit is allowed for grading work to be done on a site. The building official shall determine whether the application is complete in accordance with this chapter and grading requirements contained in the Standard Construction Specifications, and may require additional information from the applicant before accepting the application as complete. The applicant shall be notified within ten (10) working days if the application is deemed incomplete, and of the requirements for completing the application.
C.
Application – Plans. Two complete sets of plans, as determined by the building official, including, but not limited to, profiles, cross-sections, topographic maps, erosion and sediment control plans, dust prevention and control plans, stormwater drainage and runoff plans, soil reports, engineering geology reports, and accompanying specifications shall be submitted with each application for grading approval or when otherwise required by the building official for enforcement of any provision of this chapter. The plans and specifications shall be prepared and signed by a civil engineer licensed to practice in the state of California. When the grading plans and other required documents have been approved, grading approval will be issued by the building official. The work shall be done in strict compliance with the approved plans and specifications which shall not be changed or altered except in accordance with the provisions of this chapter.
D.
Security.
1.
As a condition for the issuance of a grading permit, the building official may require the deposit of an improvement security in an amount deemed sufficient by him or her to assure faithful performance of the grading work, assure the proper functioning of drainage systems, and adequate erosion and sedimentation control in the event of default on the part of the applicant. Said security shall be in a form acceptable to the city, including but not limited to:
a.
Bond or bonds by one or more duly authorized corporate sureties.
b.
A deposit equal to one hundred (100) percent of the construction cost estimate for all work plus a thirteen (13) percent administrative fee, either with the city or a responsible escrow agent or trust company, at the option of the city, of money or negotiable bonds of the kind approved for securing deposits of public monies.
2.
In the case of subdivisions, the improvement security shall remain in effect until final inspections have been completed and all grading work and subdivision improvements have been accepted by the city.
3.
For projects other than subdivisions, the improvement security shall remain in effect until final inspections have been completed and all grading work has been accepted by the building official.
4.
Any deposit required by the building official pursuant to this chapter shall be payable to the city.
5.
Upon failure to complete the work, failure to comply with any of the provisions of this chapter, or failure of the completed site to provide proper drainage or erosion and sedimentation control, the city may perform the required work, or cause such work to be performed, and collect from the applicant or surety all costs incurred thereto, including administrative and inspection costs. Any unused portion of the deposit shall be refunded to the applicant after deduction by the city of the costs of the work.
6.
The security shall be released to the permittee upon either:
a.
Issuance of a certificate of completion, provided no administrative or legal action against such security has been commenced prior to that date and the permittee has complied with the provisions of this chapter; or
b.
Voluntary relinquishment of the permit by the holder thereof to the city, provided no administrative or legal action against such security has been commenced prior to that date and the permittee has complied with the provisions of this chapter.
(Ord. 2022-07 § 2 (Exh. A))
A schedule of fees may be established by resolution of the city council for all costs incurred in the processing of any grading permit application. Such fees shall cover the full costs of review, plan checking, geotechnical peer review, approvals, inspections, issuance of certificate of compliance, and other determinations or actions necessitated by the permit application. A separate and distinct fee may be set by the city council by resolution for the cost of appeals filed pursuant to this chapter.
(Ord. 2022-07 § 2 (Exh. A))
No permit issued under this chapter may be transferred or assigned in any manner whatsoever, without the prior written approval of the building official.
(Ord. 2022-07 § 2 (Exh. A))
A grading permit shall be suspended or revoked by the building official or city engineer if any of the following conditions occur:
A.
The site is left in a condition hazardous to the public or to the adjacent properties, and the permittee does not comply with reasonable requirements to correct said conditions.
B.
The permittee does not comply with the requirements of the grading permit or the requirements of any local or state permit associated with the grading work.
C.
The permittee does not comply with reasonable requirements to safeguard workers, the public, or property.
D.
The permittee, in connection with the operations for which the permit was issued, fails to properly operate equipment on public roads or allows material to encroach, obstruct, or be deposited within a public road right-of-way or within a drainage channel in a manner not authorized by said permit, or causes the unauthorized obstruction or diversion of drainage channels.
E.
The permittee fails to have a qualified inspector, working under the supervision of a registered civil engineer, on the site during operations when so required by the permit or fails to have the work under proper supervision at all times.
F.
Emergency conditions exist on the site, which constitute a threat to health, safety, or public welfare.
(Ord. 2022-07 § 2 (Exh. A))
If a grading permit applicant or other persons whose property rights may be affected by the denial or issuance of approvals therefor are dissatisfied with a determination made by the building official or the city engineer, they may appeal the decision to the city council by filing a written appeal with the city clerk within ten (10) calendar days of the date of the decision. The written appeal must state the specific reasons for the appeal and assert the grounds upon which relief is requested. If an appeal is not filed within the time, or in the manner, prescribed above, the right to review of the action against which the complaint is made shall be deemed to have been waived.
A.
Appeal Fee. The city council shall by resolution from time to time establish a fee for the filing of appeals. Such fee shall be for the sole purpose of defraying costs incurred for the administration of appeals. The fee for an appeal shall be paid at the time of and with the filing of an appeal. No appeal shall be deemed valid unless the prescribed fee has been paid.
B.
Appeal Hearing.
1.
After the filing of an appeal within the time and in the manner prescribed herein, the city council shall conduct a hearing for the purpose of determining whether the appeal should be granted. Any appeal hearing shall be set no sooner than ten (10) days following the filing of a request for an appeal hearing and no more than sixty (60) days from the date such request is filed. Written notice of the time, date, and place of the hearing shall be served upon affected city staff and the appellant not later than ten (10) days preceding the date of the hearing.
2.
The city council shall conduct a de novo review of the entire proceeding or proceedings relating to the act or decision being appealed and may make any order it deems just and equitable, including the approval of grading master plans or the granting of a grading permit. Any hearing may be continued from time to time.
3.
At the conclusion of the hearing, the city council shall prepare a written decision which either grants or denies the appeal, and contains findings of fact and conclusions. The written decision, including a copy thereof, shall be filed with the city clerk. The city clerk shall serve such decision on the applicant or permittee and the building official. The decision of the city council shall become final upon the date of filing and service with respect to any appeal.
(Ord. 2022-07 § 2 (Exh. A))
In addition to the remedies already provided for in this chapter, the city may seek, in addition to all other remedies at law, including civil injunctive relief, remedies that include the imposition of administrative citations, fines, nuisance abatement, and reimbursement of the costs of enforcement.
A.
Infraction. Violations of this chapter are an infraction. A conviction of an infraction shall be punishable by fine as follows: Upon a first conviction, a fine not exceeding one hundred dollars ($100.00); upon a second conviction within one year, by a fine not exceeding two hundred dollars ($200.00); for any subsequent conviction within one year, by a fine not exceeding five hundred dollars ($500.00) for any subsequent conviction within one year.
B.
Public Nuisance. The violation of this chapter is hereby declared a public nuisance and may be abated in the manner provided by the Winters Municipal Code.
(Ord. 2022-07 § 2 (Exh. A))
In the administration and enforcement of this chapter, any duly authorized official or employee of the city shall have authority to enter upon the site for the purposes of investigation and inspection to the extent allowed by law.
(Ord. 2022-07 § 2 (Exh. A))