HomeMy WebLinkAbout02206h ti3. APICE P� ®. 220 1962 Series)
M ORDINANCE PROVIDING FOR HMMATION OF
GRADING AND 3KCAVATUO OPSRATIONS
BE IT ORVAIIdh:D by the Council of the City of San Luis Obispo as follo:ss:
SECTIM4 1. Chapter 4 is hereby added to Article IX of the City of Sala Curs
Obispo tknicipal Code to provide as follows:
CHAPM 4. &A Tip OF htADM2 Aa G 2. AT101
Section 94.00,*1. . The purpose of this-Chapter is ,to establish staadax s
for 'the conducting of grading operations to preserve the natural beauty of tl, „e city
and pa;otect property ex- mere from unnecessary loss from erosion and flooding from
grading operation.
Section 9400.2. This Chapter shall apply to all Fend�n
and excavating operations conducted in the incorporated portions of the City, eaxeless
such operations are specifically excepted or unless a permit for ouch operationo is
requLred in accordance with Sections 9200.14 or 9200.16(1) (d) of this KunicLPa3 Code.
Section 9400.3. Imo•
CUBIC YARDS. Cubic yards shall be the gnentity of material to be excavated,
car to be placed, in the case of embankment, in place on the site as computed by Lhe
method of /0average and areas.”
BQM YARDS, Dank yards shall in every case be synonymous with curie yards,
GRADMG. Grading shall mean and include any excavation or fill, and
combination thereof, ,tad the conditions resulting therefrom.
EXCAVATION, ftcevetion shall include may excavation, removal, rclocet S0_:
or alteration of the Quieting contours and location of say soil, earths fill, oo-nd,
rock, gravel or waste material, my combination thereof read the conditions resulting
there ft
PIM. Fill shall include fill deposit, relocation, or placing cab any
soil, earth, sand, rock, gravel or wQSte materrial$ any.nombination thereof and the
conditions resulting therefrom, but not including materials independently supported
above by structures or containers.
GRom LEM. Ground level shall mean and include the natural or f. +.? iahcei
grade, surface or contour of a site.
SITS. Site shall mean and include any lot or parcel of lased or combi-nntian
thereof or contiguous lots or parcels of lands whether held separately or joined to-
gether it common ownership or occupancy where grading is performed or permitted or
c=sed to be done.
Sections 9400o4. MCS?XISMSo Only Section 9400.10 (2) (S) (4) (5) (6) (7) (S)
(9) and Section 9400.11 of this Chapter shall apply in the following cases:
1. Work conducted in any City streot or public right -of -way or easement when
work is for a public utility, public facility or other public purpose..
2. Excavations below finished grade for tanks, vaults, tunnels, equipment base-
ments, 819imming pools, approved quarrying operations, cellars or footings of buildings
or structures for which a building permit has been issued by the City of Sane Luis Obispo.
3. Total excavations on any site or contiguous sites held tinder one ownership
or control not exceeding three hundred (300) cubic yards of material removed.
4. Total fill or cut on say eite or contiguous sites hold under one ow- aerchip or
control not exceeding three hundred (300) cubic yards of material deposited, or where
depth of fill or cut at any one point doffs not exceed two (2) feet.
5. Grading for purposes of agricultural irrigation or cultivations.
s1.8 220--,
a •
Sections 9400.5. NERMIT R No person shall do, or cause: to be done:,
any grading or excavating within tae City of San Luis Obispo without first hav,`.bag
obtained a permit in accordance with this Chapter.
Section 9400, 6. MM EMS FORAM. Each application f or such permit shall
• �ICO�iQCCi7+OiYt+pY
be made by the over of the property or his authorized agent to the City Engineer
when required, on a form furnished for that purpose. Such applications shall, be
accompanied by an accurate plot plan showing the anterior boundaries of the area pro-
posed to be graded and a statement showing all contiguous property owned or miler the
control of the applicant. The City Hnginser may require the applicant to £er:::x�sh
the location of any existing or proposed structures, roads, or improvements and may,
when buildings or structures are to be erected or when public safety or safety of
adjoining lased dictates the necessity* require the applicant to furnish t 1lo (2) sets
of grading plans, specifications, profiles, contours, soil data, engineering repoa:te',
tests and calculations. Whenever grading plans and specifications acre required, such:
plans must be accompanied by the following additional iuformation:
1. The present contours or elevations of the site.
2. The proposed contours of elevations when grading is complete.
3. The finisbad slopes of excavation or fills.
4. Details of any proposed drainage structures, cribbing, terraces and /or
surface protection.
S, The location of streets., eaasements& known underground utilities within
these easements, and rights of way, and all roadways or driveways to be
constructed shall be shown on the plat,
6. The amount and location of all drainage to and from the site, the location
of culvertes and natural eater courses,
7. A description of protective devices$ the design and description of all
structures required as a result of grading or required for the support
of adjoining property.
S. A report from a recognized soils engjwwr if required by the approving
agency.
Section 9400.7. G i . If, in the opinion of the City Engineer_,
the grading proposed will not adversely affect the drainage or lateral support of
other properties in the area, and will not be detrimental to the public health.,
safety, or the general welfare, he shall approve any application. HOwOver if, in
the opinion of the City Enginear, the proposed grading will involve considerations
which might adversely affect neighboring properties or create a detriment to a
desirable natural features he may refer the grading permit to the City Planning
Commission for consideration* in granting any permits the City Engineer or the
Plauming Commission may make such conditions in connection therewith as will, in
his or its opinion., secure substantially the objectives of this Chapter. Asl vork
will be performad under the provisions of the California Contractors License pro -
visions contained in Chapter 9 of Division 3 of Businass and Professions Code of
the State: of California.
Section 4400.8. LAZE S. Any applicant aggrieved by a determination of the
City Engineer may appeal such determination to the Planning Co=isaaioa by filing a
Mitten notice of appeal with the Planning Commission within tens (10) days after
receiving notice of the deteraaiantion. to such ®volt the Planning Commission shall
year the matter de novo as it no prior determination had been made.
Any persons aggrieved by as determination of the Planing Commission may appeal
to the City Council within ten (10) &We from the date of such determination by
filing a notice of apneal with the City Council. The City Council may, :31100a re-
ceiving the notice of appeal:
I.. Review the record and transcript of the proceedings before the Planning
Commission and either affirm or reveres the action of said Commission, or it may
refer the matter back to the Planning Commission for further proceedings; ors
2. Set the matter for hearl65 before itself and decide the matter de novo as
if no prior hearing had been held.
Section 9400.9. YMSPHC 4$. Whenever an application for a building permit dis-
closes that grading operations within the provisions of this Chapter may be conducted
upon the site., the Building Inspector shall refer the application to the Fllaa ins
Ca mission or City Engineer and no building permit shall be issued until the Plenaing
Commission or City Engineer has issued a grading permit therefor or reported that a
grading permit is not required in accordance with tbia Chaptero
..2.
notice of intention to do grading, or to proceed vith grading which has been
interrupted, shall be given not less titan, twenty -four (24) hours before work is
started and at such times as the City Engineer may direct. The City* Engineer: shall
conduct such inspections as are dearmad necessary to inoure compliance w—th the
grading permit.
SPZCIAL SUMMISICH. When reg4rod by the City Engineer, inspection of care
parction of fills shall be done by ra CIVJI liaginser, licensed by the state of
California, or other approved testing agency. A reports prepared and sinned' by
said engineer or testing agency shall be submitted to the said City Engineer upon
completion of the work, and shall show the followings
1. A contour map showing the original and finish surfaces of the areas filled.
2. The soil foundation bearing value recommended on faces of the areas filled.
3. A description of the materials used in the fill and the procedure of de-
posit and compactions including the preparation of original ground - surface
before making the fill.
4. A plan shoving the location of tests made in the fill, together ui.th a
tabulation of the percent compaction obtained in the various testa.
5. A statement that all work was done in conformity with the proviaions of
this ordinance.
Section 9400.10. GENBRAL QG SIMMIM.
1. time copy of approved plans and specifications shall be kept on the site at
all tinge^ during the progress of grading work.
2. All grading in residential zones* or within one thousand feet (1000¢) of
any residential occupancy, hotels motel or hospital shall be carried on between the
hours of 1 :00 A.H. and 7 :00 P.N., unless other hours are approved by the City Engineer
upon receipt of evidence that an emergency exists which would constitute a hazard to
persons or property.
3. All graded surfaces and materials, vhetber filled* excavaatedp transported
or stockpiled, shall be wetted, protected or contained in such a manner as to pre-
vent any nuisance from dusts or spillage upon adjoining property or streets. &— Jui.pw
went and materials on the site should bas used in such a manner as to avoid excessive
dust.
4* No guiding shall be conducted in such .a manner as to alter the estab3ashed
gradient of natural drainage channels in such a manner as to cause excessive erosion
or flooding.
5. The exposed or finished bangs or slopes of any fill or excavation shall be
uniformly graded and no such slope, bank or Inclined graded surface shall exceed a
vertical height of thirty (30) feet unless intercepting drains or terraces are pro-
vided. Such drains or terraces shall be permanently lined or protected with approved
materials and accumulating surface waters shall be conducted to an approved point of
discharge. Berms shall be provided to prevent overflow from any such terrace or
intercepting drain.
6. All exposed or finished banks or slopes of any fill or excavation hnvins c
slope steeper than three horizontal to one vertical shall be protected from erosion
by approved planting, cribbing* wells or terracing or a combination thereof. Othet
unprotected graded surfaces exceeding five thousand (5000) square feet in area shalt
be planted, paved or built upon. or shall be provided with berms and approved drain-
age facilities adequate to pravaat erosion and to'conduct the accumulation of run-
off of surface *waters to an approved place of discbarge. It is the intent of this
Section to prohibit the abandonment of graded areas or slopes which are not provided
with erosion protection and adequate drainage facilities even though all other re-
quirements herein have been provided and approved.
W3•
7. Any pipe trench or other trenching or excavation made in any slope or bans'
of an excavated or filled site shall be backfilled to the level of the surrounding.
grade. Such backfill shall be compacted to the density of the original aiateeialas
but in no case less than ninety per cost (90%) of. the maximum density achieved by
AAS @D Compaction Test Method T99.57 or T1S0.57, an selected by the City
S. Whenever possible all building sifn pads shall be graded to provide
drainage to a street, public we9, natural watercourse, or approved flood cmn trol
strueWre.
9.• Berms or lined ditches shall be provided and maintained at the trop of all-
banks or graded slopes ui'less' ibe slope of the site exceeds one-fourth (111;-) inch
per foot in the direction of an approved point o-9 discharge. Sites shall be graded
to prevent spillage of surface waters across banks or graded slopes.
Section 91400.11.
RMUMOTTOULM PAM I+]CTj &T13ElAi..
1. All fill used, designed or intended to be used to provide vertical or
lateral support for buildings or structures shall be compacted to required by the
Soils Engineer employed for the project or not less than ninety percent (90 %) as
determined by the AASBA Compaction Test Method T99-57 or T180-57, as selected by
the City Engineer.
Z. Before placing any fill, intended to be compacted, on a slops: steeper than
three (3) horizontal to one (1) vertical, all existing ground surfaces upon which
said fill will be placed shall be cleared of all deleterious materials not Ind :tgexious
to the site. Tree stumps cant flush with the ground may be permitted, providing at
least three (3) feet of fill is to be placed over the stump. _ Such slopes shall be
rough graded to a minimum depth of six (6) inches in order to provide a bond between
original and filled material. In addition to the bonding required herein, when fill
is to be placed on existing slopes steeper than sin (6) horizontal to one (1)
vertical, terraces or deep furrows shall be provided at intervals of slope distance
not exceeding twenty (20) feet. The slope shall be benched at least four (4) fee4
horizontally for the full length of the slope upon which the fill is to be atado.
3. All fill materials shall be of uniform density and composition and no fall
shall contain trash, debris, gaarbags, organic solids, metal containers or parts,
combustible waste, excessive voids, or other materials not specifically approved as
fill material by the City Engineer, or Soils Engineer, in the approved plans or
specifications for the project. Brick, concrete or other uon- uniform, non-organic
fill material may be permitted when placed in a manner approved by the City
Engineer.
4., pill material shall contain the proper amount of moisture to assure trope_
behavior of the gill materiaal, both during compaction and after the fill is in g i ace.
This shall be in accordance with design requirmuts approved by the City Engsneev.
5. '.ghe maximum slope of any fill shall not exceed two (2) horizontal to one
(1) vertical. The maximum slope of any cut shall not exceed one And one -half (It)
horizontal to one (1) vertical. When cohesionless soils are used, or other
conditions warrant as further restriction of slope, the Planning Commission as City
Engineer may reauirre as flaattes slope.
Section 9400.12. Any of the proviSiona contained In Sections 9400.10 and
9400.11 of this Chapter may be modified or changed upon tha written recommandiatwon of
the City . Enginser or the recommendation of a licensed Civil Engineer or Soils Enaineor
and the City Engineer, provided in each case, such recommendation is approved by the
Planning Commission.
Section 9400.13. A fee for each grading permit shell
San Luis Obispo in accordance with the amount of graading,
following schedule:
wow
be paid to the City of
as sett forth in the
Where City Engineer
Volume of Material Insuects
Under 300 cubic yards No fee
More than 300 cubic yards and not
more than 500 cubic yards $10.00
Move than 500 cubic yards and not
more than 1,000 cubic yards 15000
More than 1,000 cubic yards 20.00
Pleas $5.00 for each -1000
cubic yards, or portion
thereof, over 1000 cubic
Where Soils Zngisieer
No fee
$ 5.00
7.50
10.00
Plus $2.50 for each
1000 cubic yards, or
portion theseoi, Over
section :'400.14. The provisions of this Chapter 6hall not be construed to
authorize any person to maintain a private or public nuisance upon their property and
compliance with the terms of this ordinance shall not be a defense in any action to
abate such nuisance.
Section 9400.15. LlCATlOid OA SUSPFi+1$IgN Qp� i 1DIFtG P 41TS Oil �1"mi :L.Cmis .
1. In the event any parson holding a grading permit pursuant to this Chapter
shall violate the terms of the grading permit, or shall conduct or carry on said
grading In such a manner as to materially affect adversely the hoalth, welfare, or
safety of persons residing or working in the neighborhood or the.property of the
said permittee, or shall conduct or carry on said grading so that the said grading is
materially detrimental to the public welfare or injurious to property or improvements
in the neighborhood, the Planning Commission may revoke or suspend said grading permit,
and a temporary suspension may be suede effective immediately upon notification by the
City Engineer.
2. Procedure for Revosfnc Grading Pexsnit.
No grading permit shall be permanently revoked or suspended until a hearing
is held by the Planning Commission. written notice of such hearing shall be served
upon the permittee, either personally or by registered mail, and shall states
(a) The grounds for complaint or reasons for the revocation or suspension,
in clear and concise language.
(b) The time when, and the place where, such hearing is to be hold. Such
notice shall be served by personal service or registered mail on the permittee at
least five (5) days prior to the data set for said hearing* At any such hearing the
permittee shall be given an opportunity to be heard and defend himself, and he may
call witnesses and present evidence in his behalf. Upon conclusion of such hearing
the Planning Commission shall determine whether or not the permit shall be suspended
or revoked. In the event the determination is to suspend or revoke said permit, the
permittee may appeal said decision to the City Council in the saw manner as pro-
video. hereinabove for appeals taken on applications for the 'granting of such permit.
(c) The Planning Commission shrill hold the hearing to consider recoTmendarions
for revocation or suspension of permits which have been temporarily suspended at the
went regularly scheduled meeting of than Planning Commission at which all conditious
of Paragraph (b) above can be fulfilled.
Section 9400.16. If, in the opinion of the City Engineer.
the nature of the work regulated by this Article is such that it might create a
hazard to human life or endanger adjoining property or property at a higher or loser
level, or any street or street improvemot, or any other public property, then the
City Engineer clay, before issuing the permit, rsquire that the applicant for a pe mit
file a certificate showing that he is insured against claims for damages for personsl
Injury as well as claims for property damage, including damage to the City by deposit
or washing of material onto City streets or other public improvements, which may
arise from or out of the performance of the work, vhether such performance be by hiss -
self, his sub -contractor or any person directly or indirectly employed by him, and
the amount of such insurance shall be prescribed by the City Engineer in accordance
with the nature of the rinks involved. Any such insurance shall include protection
against liability arising from completed operations. Any such insurance shall be
written by a company which meets with the approval of the City and shrill insure the
City, its officers, agents and employees against loss or liability which may Parise
during the performance of, or which may result from, any work herein required to be
done.
®54
Section 9400.17. RN& SIB ITX OF PEE I.TTEE, The permittee and his agents
shall carry out the proposed grading in accordance with the approved plans and
specifications, the conditions* of the permit and with the requirements of this
ordinance. The permittee and his*ageuts shall metutain all required protective
devices and temaporary drainage during the progress of the grading :work and shall
be responsible for maintenance of the site until such time as a certificate or
notice of final approval has beau granted by the City Sngineer. The permittee,
his agents, and each or all of thin shall become subject to the penalties set
forth herein in the event of failure'to comply with this ordinance and other.
applicable laws of the City.of San Lute Obispo. No approval shall exonerate
the permittee or his agents from the responsibility of complying with the pro-
visions and intent of this ordinance. if at any time it to determined by the City
Engineer that material has been spilled or othervise allotwed to deposit upon the
public way or :allowed to deposit thereon by washing or erosion of material from
the permittess operation, the City Engineer shall immediately notify the permittee
to remove the material from the public away and to clean up the public away, includ
ing sweeping whore necessary. If such material is not cleaned within forty-eight
(48) hours after receiving such notice, the City Engineer may cause the street to
be cleaned by City forces or private contract.at the expense of the permittee.
SECTION 20 This ordinance, together with the ayes and noess shall be published
once in full, at least three days before its final passage/ in the Telegram- Trib,_=2
e newspaper published mead circulated in said City, and the same shall go into
effect at the expiration of thirty (30) days after its final passage.
U-ITi ODUCED AND PASSED T® PRINT this 12th day of Harcho 1962 by the following
roll call vote:
AYES: Kiss Margaret Weil, Ro Lo Graves, Jr., Donald Q. Diller,
Gerald Wo Shipsey, Clay P. Davidson*
NOES: None
ABSENT: None
ATTEST:
4*
WON_
A .
FIBALLY PASSED this 2nd day of A.riii by the
£oll wing roll call voice:
AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller,
Gerald W. Shipsey, Clay P. Davidson
NOES: None
ABSENT: None
ATTEST :
F--OK.W. "".-T.-MOM