HomeMy WebLinkAbout0663ORDINANCE NO. 663 (1976 Series) •
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING
CERTAIN PROVISIONS OF THE MUNICIPAL CODE RELATED TO
EXCAVATION AND GRADING, ADDING ARTICLE IX, CHAPTER 4
TO THE i•IUNICIPAL CODE AND REPEALING CERTAIN PREVIOUS
MUNICIPAL CODE PROVISIONS CONCERNING EXCAVATIO14 AND
GRADING.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Chapter.70 of the Uniform Building Code, entitled "Excavation
and Grading" and '1�luaicipal Code Sections 13120 (lt), (m) , (o) , and (p) concerning
grading and excavation are hereby repealed.
SECTION 2. Article IX, Chapter 4, Sections 9400 through 9424 are
hereby added to the Municipal Code. See attachment for text.
SECTION 3. The final hearing for this Ordinance will be held in the
Council Chambers of City Hall, San Luis Obispo, California, on Monday,
'larch 15, 1976, during a regular meeting of the City Council.
SECTION 4. This Ordinance, together with the ayes and noes, shall be
published once in full, at least three days prior to its final passage, in
the Telegranr-Tribune, a newspaper published and circulated in said City,
and the same shall go into effect at the expiration of thirty days after
its said final. passage.
I14TRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at a Regular Meeting thereof held on the 17th day of February, 1976,
on motion of Councilman Patterson, seconded by Councilian Graham, and on
the following roll call_ vote:
AYES: Councilmen Graham, Norris, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
ATTEST:
A
ty Clei_k -'
0 663
i [
ARTICLE IX - PLANNING AND ZONING
Chapter 4 -- EXCAVATION AND GRADING
SECTION 9400.
Title
9401.
Purpose
9402.
Scope
9403.
Permits Required
9404..
Permit, Council Authorized
9405.
Emergency Grading
9406.
Hazardous Conditions
9407.
Definitions
9408.
Grading Permit Requirements
9409.
Permit Procedure
9410.
Denial of Grading Permits
9411.
Fees
9412.
Bonds and Other Guarantees
9413.
Design Standards - General
9414.
Design Standards - Excavation
9415.
Design Standards - Fills
9416.
Setbacks
9417.
Drainage and Terracing
9418.
Erosion Control
9419.
Dust Prevention
9420.
Hours of Operation
9421.
Grading Inspection
9422.
Completion of Work
9423.
Grading Violations
9424.
Appeals
t 1.
ARTICLE IX - PLANNING AND ZONING
Chapter 4 - EXCAVATION AND GRADING
SECTION 9400. Title.
The regulations contained in this Chapter shall be known and referred to
as the "Grading Ordinance of the City of San Luis Obispo."
SECTION 9401. Purpose.
This Chapter is adopted for the following purposes:
1. To protect and provide for the public health, safety, and general
welfare of the City;
2. To guide the future growth and development of the City, in accordance
with and consistent with the General Plan;
.3. To encourage the planning, design, and development of building sites
in such a fashion as to provide the maximum in safety and human enjoyment
while adapting development to, and taking advantage of, the best use of the
natural terrain;
4. To preserve and enhance the beauty of the landscape by encouraging
the maximum retention of natural topographic features, such as creeks, streams,
lakes, slopes, ridge lines, rock outcroppings, vistas, backdrops, natural plant
formations, and trees;
5. To minimize padding or terracing of building sites in the hillside
areas;
6. To encourage imaginative and innovative building techniques to
create development suited to natural surroundings;
7. To siiaimize grading and cut and fill operations;
8. To minimize the water runoff and accelerated soil erosion problems
incurred in adjustment of the natural terrain to meet outside and offsite
development needs.
SECTION 9402. Scope.
This Chapter sets forth rules and regulations to control all grading,
including, but not limited to, excavations, earthwork construction, road
construction, fills and embankments; establishes the administrative procedure
for issuance of permits; and provides for approval of plans and inspection of
grading construction.
SECTION 9403. Permits Required.
No person shall perform any grading without first having obtained a
grading permit from the Community Development Director, except for the
following, where no permit is required:
1. Cemeteries: Cemetery graves.
2. Refuse Disposal: Refuse disposal sites controlled-by other regulations.
3. Wells - Utilities: Excavations for wells or tunnels or utilities.
4. Minor Excavations: An excavation which does not exceed fifty (50)
cubic yards, and (a) is less than two (2) feet in depth, or (b) which does not
create a cut slope.greater than five (5) feet in height and steeper than two
horizontal to one vertical.
5. Minor Fills: A fill containing earth material only, which does not
exceed 50 cubic yards on any one site and does not obstruct a drainage course,
and (a) is less than one (1) foot in depth and placed on natural terrain with
a slope flatter than five horizontal to one vertical, or (b) is less than three
feet in depth, and not intended to support structures.
6. Basements - Footings_: An excavation below finished grade for basements
and footings of a building, retaining wall or other structure authorized by a
valid building permit. The excavation may extend beyond the perimeter of the
basement or footing to a maximum distance of.five (5) feet when, in the opinion
of the Community Development Director, such extension is (a) necessary to provide
an accessible work area, or (b) when required for the structural stability of
the basement or footing. This shall not exempt any fill made with the material
from such excavation (except.replacement of material removed from the permitted
work area), nor exempt any excavation which changes the land contour outside
the perimeter of the foundation from its original contour.
7. Soil_ Testing: Exploratory excavations under the direction of a
California licensed soils engineer or engineering geologist where such excavation
is to be returned to the original condition under the direction of such engineer
or geologist within 45 days after the start of work.
SECTION 9404. Permit, Council Authorized.
L. The City Council may authorize the issuance of a grading permit for
mining, quarrying, excavating, processing, filling, stockpiling, and similar
grading operations upon any site specifically approved by the Council. Council
authorization does not relieve the applicant from permit requirements.
2. The City Council may extend the area covered by a grading permit to
include adjoining sites which are scheduled for future development by the same
developer if:
(a) The adjoining sites are subject to a tentative map or preliminary
plan of development; and
(b) The Council finds that a common grading operation is reasonably
necessary and convenient for development purposes; and
(c) The Council finds that a common grading operation upon the
adjoining sites will not detrimentally affect the final design and
development of the said adjoining sites.
3. The City Council may, in its sole discretion, extend the area covered
by a grading permit to include adjoining sites which are not subject to any sub-
division map, plan of development, or other permit if the Council finds:
(a) That such extended grading is reasonably necessary as an integral
part of grading otherwise authorized; and
(b) That it is improbable that the adjoining site will itself be
developed within the ensuing five years.
SECTION 9405. Emergency Grading.
The Community Development Director may authorize emergency grading oper-
ations upon any site deemed necessary for the protection of the public health,
safety and welfare. The Public Services Director may take emergency action, as.
he deems necessary, to protect public facilities.
SECTION 9406. Hazardous Conditions.
Whenever the Community Development Director determines that any existing
excavation or fill has become a hazard to life and limb, or endangers property,
or adversely affects the safety, use, or stability of a public way or drainage
channel, the owner of the property upon which the excavation or fill is located
or other person or agent in control of said property, upon receipt of notice in
writing from the Community Development Director within the period specified therein.
shall repair or eliminate such excavation or Embankment so as to eliminate the
hazard and be in conformance with the requirements of this chapter.
SECTION 9407. Definitions.
For the purposes of this chapter, the definitions listed hereunder shall
be construed as specified in this section..
AS GRADED is the surface conditions extent on completion of grading.
AVERAGE CROSS SLOPE is the ratio, expressed as a percentage, of the
vertical difference in elevation to the horizontal distance between two
points on the perimeter of the area, with the line connecting the two points
being essentially perpendicular to the contours between the two points.
Different portions of any area may have different average cross slopes (see
examples below) .
EXAMPLE A -1
(Not to Scale)
Perimeter
30'
200'
Average cross slope = H = 200' 0.15 = 15%
Perimeter
EXAMPLE A -2
(Not to Scale)
Portion B
Not a Permitted Calculation _ w
Portion A 5 1
s 100'
Not a Permitted Calculation
Perimeter
Portion C
® 60'�
6'
.Ow ®Oslo
Perimeter
Average.
Cross Slope
- Portion A =
,
= 5' = 0.05 = 5%
H
Average
Cross Slope
- Portion B = H
= -20, = 1.50.= 150%
Average
Cross Slope
- Portion C =
= 6'
= 0.10 = 10%
H
0'
EXAMPLE A -3
(Not to Scale)
Portion C
15'
30'
33' 28, PortionD - P
250 _
Portion Portion B
100' 140'
Not a Permitted alc.
Not a Per i_tte_d ^Calculation
Not a Permitted Calculation
Perimeter Perimeter
Average Cross Slope - Portion A = H _ loo, = 0.33 = 33%
Average Cross Slope - Portion B = H = �o� = 0.20 = 20%
Average Cross Slope - Portion C = H " T = 0.50 = 50%
Average Cross Slope - Portion DH = 0.16 = 16%
BASE MATERIAL is a layer of specified- material of planned thickness, not
to exceed 18 inches, placed immediately below paving, surfacing, slab, or foun-
dation and shall not be considered as part of a grading operation, and shall not
include soil preparation or fill material.
BEDROCK is in -place solid 'rock.
BENCH is a relatively level step excavated into earth material on which
fill is to be placed.
BORROW is earth material acquired from an off -site location for use in
grading on a site.
CERTIFICATION shall mean a written engineering or geological opinion con-
cerning the process and completion of the work.
CIVIL ENGINEER shall mean a professional engineer registered in the field
of civil work by the State of California.
COMPACTION is the densification of a fill by mechanical means.
DRAINAGE COURSE is a well defined natural or man -made channel which conveys
storm run -off either year -round or intermittently.
EARTH MATERIAL is any rock, natural soil or fill and /or any combination
thereof.
ENGINEER shall mean a licensed architect, landscape architect, or registered
civil engineer, authorized by the laws of the State of California to prepare
grading plans.
ENGINEERED GRADING is any grading conducted pursuant to a plan prepared by
an engineer registered or licensed by the State of California.
.ENGINEERING GEOLOGIST shall mean a geologist registered by the State of
California.
ENGINEERING GEOLOGY shall mean 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.
EROSION is the wearing away of the ground surfaces as a result of the
movement of wind, water and /or ice.
EXCAVATION is the mechanical removal of earth material.
FILL is a deposit of earth material placed by artificial means.
GRADE shall mean the vertical location of the ground surface.
EXISTING GRADE is the grade prior to grading.
ROUGH GRADE is the stage at which the grade approximately conforms
to the approved plan.
FINISH GRADE is the final grade of the site which conforms to the
approved plan.
GRADING is any excavating or filling or combination thereof.
KEY is a designed compacted fill placed in a trench excavated in earth
material beneath the toe of a proposed fill slope.
REGULAR GRADING is any grading conducted pursuant to a plan prepared
by a lay person who may or may not be knowledgeable in. the practice of civil
engineering.
SITE is any lot or parcel of land or contiguous combination thereof,
under the same ownership, where grading is performed or permitted.
SLOPE is an inclined ground surface the inclination of which is expressed
as a ratio of horizontal distance to vertical distance.
SOIL is naturally occurring surficial deposits.
SOIL ENGINEER shall mean a registered civil engineer experienced and
knowledgeable in the practice of soil engineering.
SOIL ENGINEERING shall mean the application of the principles of soil
mechanics in the investigation, evaluation and design of civil works involving
the use of earth material and the inspection. and testing of the construction
thereof.
TERRACE is a relatively level step constructed in the face of a graded
slope surface for drainage and maintenance purposes.
SECTION 9408. Grading Permit Requirements.
1. Permits Required: Except as otherwise exempted in Section 9403 of
this Chapter, no person shall do any grading without first obtaining a grading
permit from the Community Development Director. A separate permit shall be
required for each site, and may cover both excavations and fills on each site.
2. Application: To obtain a grading permit the applicant shall first file
an application therefor in writing on a form furnished for that purpose by the
City. Each such application shall:
.(a) Identify and describe the work to be covered by the permit for
which application is made;
(b) Describe the land on which the proposed work is to be done, by
lot, block, tract, and house and street address, or similar description
that will readily identify and definitely locate the proposed building
or work;
(c) Indicate the estimated quantities, in cubic yards, of grading
work proposed;
(d) Be accompanied by plans and specifications as required in sub-
section 3 of this section;
(e) Be signed by the permittee, or his authorized agent, who may be
required to submit evidence to indicate such authority;
(f) Give such other information as reasonably may be required by the
Community Development Director.
3. Plans and Specifications; Each application for a grading permit
shall be accompanied by three (3) sets of plans and if specified herein or if
required by the City Engineer, specifications and supporting data consisting
of.soil engineering report and /or engineering geology report. The plans and
specifications shall be prepared and signed by a civil engineer when required
by the City Engineer. All applications shall be signed by the owner or his
authorized agent for each parcel on which grading will be performed.
A soils engineering report shall be required in areas of moderate, high
and very high landslide risks, and in areas of high and high + liquefaction
potential and subsidence potential as noted in the General Plan, Seismic Safety
Element. If a previous soils engineering report has been prepared, the City
Engineer may waive the required report.
An engineering geology report may be required in areas of moderate, high
and very high landslide risks, and in areas of high and high + liquefaction
potential and subsidence potential as noted in the General Plan, Seismic Safety
Element, (a) if the topography of the site is modified and /or (b) if the slope
of the entire site (not just proposed building pads) is greater than five (5)
percent.
4. Information on Plans and in Specifications: Plans shall be drawn to
scale upon substantial paper, cloth or Mylar and shall be of sufficient clarity
to indicate the nature and extend of the work proposed and show in detail that
they will conform to the provisions of this Chapter and all relevant laws,
ordinances, rules and regulations. The first sheet of each set of plans shall
give the location of the work and the name and address of the owner and the
person by whom they were prepared.
The plans shall include the following information:
(a) General vicinity of the proposed site.
(b) Property limits and accurate contours of existing ground and
details of terrain and area drainage.
(c) A statement as to the specific intentions or ultimate purpose
for which the grading is being performed; and estimated starting and
completion dates.
(d) Description of existing ground cover including the location and
dimensions of all trees on the site which are three (3) inches in, diameter
or larger at the trunk, measured at 4 1/2 feet above ground level.
(e) Cross sections of the existing and finish contours indicating a
typical section and a section depicting the most'severe grades proposed.
All cut and fill slopes exceeding 4:1 shaded or colored.
(f) Limiting dimensions, elevations or finish contours to be achieved
by the grading, existing and proposed drainage channels and related con-
struction.
(g) Detailed plans and calculations as may be required by the
Community Development Director of all surface and subsurface drainage
devices, existing or to be constructed with, or as a part of, the
proposed work together with a map showing the drainage area and the
estimated runoff of the area served by any drains.
(h) Location of any buildings or structures on the property where
the work is to be performed and the location of any buildings or structures
on land of adjacent owners which are within 15 feet of the property or
which may be affected by the proposed grading operations.
(i) For plans involving the removal of excess material, rocks or
rubble, the applicant shall submit a signed statement indicating where,
if within the City limits, he intends to dispose of the material.
(j) Specifications, when required, shall contain information
covering construction and material requirements.
5. Soil Engineering Report: The soils engineering report referred to
in subsection 3 shall include data regarding the nature, distribution and
strength of existing soils, conclusions and recommendations for grading
procedures and design criteria for corrective measures when necessary, and
opinions and recommendations covering adequacy of sites to be developed by
the proposed grading and as it relates to adjacent or contiguous property.
In areas of.high and high + liquefaction potential, soil borings shall
generally be a minimum of 30 feet and logged in detail and ground shaking
parameters shall be used in evaluating liquefaction potential.
In areas of high and very high landslide risk, ground motion parameters
noted in the General Plan, Seismic Safety Element, shall be used to evaluate
the stability of proposed cut or fill slopes.
Recommendations included in the report and approved by the Community
Development Director shall be incorporated in the grading plans or specifi-
cations.
6. Engineering Geology Resort: The engineering geology report referred
to in subsection 3 shall include an adequate description of the geology of
the site, conclusions and recommendations regarding the effect of geologic
conditions on the proposed development, and opinions and recommendations
covering the adequacy of sites to be developed by the proposed grading and
as it relates to adjacent or contiguous property.
Recommendations included in'the report and approved by the Community,.
Development Director shall be incorporated in the grading plans or specifi-
cations.
7. Grading Permits:
(a) Issuance: When the Community Development Director is satisfied
with the work described in an application for permit and the plans filed
therewith conform to the requirements of this Chapter and other pertinent
laws and ordinances, and that the fee specified;in subsection 9411(b)
has been paid, he shall issue a permit therefor to the applicant.
When the Community Development Director issues the permit, he
shall endorse in writing or stamp on both sets of plans and specifications
"APPROVED." Such approved plans and specifications shall not be changed,
modified, or altered without authorization from the Community Development
Director, and all work shall be done in accordance with the approved plans.
The Community Development Director may require that grading operations
and project designs be modified if delays occur which incur weather
generated problems not considered at the time the permit was issued.
(b) Retention of Plans: One set of approved plans, specifications,
and computations shall be retained by the Community Development Director
for a period of not less than 90 days from date of completion of the
work covered therein, and one.set of approved plans and specifications
shall be returned to the applicant, which set shall be kept in a
conspicuous place on the subject site during all grading operations.
- (c) Validity: The issuance or granting of a permit or approval of
plans and specifications shall not be construed to be a permit for, or
an approval of, any violation of any of the provisions of this Chapter.
No permit presuming to give authority to violate or cancel the provisions
of this Chapter shall be valid, except insofar as the work or use which
it authorizes is lawful.
The issuance of a permit based upon plans 'and specifications shall
not prevent the Community Development Director from thereafter requiring
the correction of errors in said plans and specifications or from preventing
grading operations being carried on thereunder when in violation of this
Chapter or of any other ordinance of the City.
(d) Expiration: Every permit issued by the Community Development
Director under the provisions of this Chapter shall expire by limitation
and become null and void, if the grading or work authorized by such
permit is not commenced within 60 days from the date of such permit, or
if the grading or work authorized by such permit is suspended or abandoned
at any time after the work is commenced for a period of 120 days. Before
such work can be recommenced a new permit shall be first obtained, and
the fee therefor shall be one -half the amount required for a new permit
for such work, provided no changes have been made or will be made in the
original plans and specifications for such work; and provided, further,
that such suspension or abandonment has not exceeded one year.
(e) Suspension or Revocation: The Community Development Director may,
in writing, suspend or revoke a permit issued under provisions of this
Chapter whenever the permit is issued in error or on the basis of incorrect
information supplied, or in violation of any ordinance or regulation or any
of the provisions of this Chapter.
SECTION 9409. Permit Procedure.
Grading permit applications shall be submitted to the Community Development
Department. Upon receipt of an application, the Community Development Director
shall forward the application and all supportive material to the Engineering and
Planning Divisions for design and environmental impact review.
The Community Development Director shall review each grading permit
application to determine if it is categorically exempt from environmental impact
review in accordance with City Environmental Impact Procedures and Guidelines.
In the event the grading permit application is not categorically exempt, the
application and an initial study shall be scheduled for review by the Environ-
mental Review Committee,to determine if the preparation of an Environmental
.Impact Report is required. Upon completion of the environmental review process
the Director shall approve, conditionally approve, or deny the grading permit
application or may schedule the application for review by the Architectural
Review Commission pursuant to Section 9500 of the Municipal Code.
When a grading plan has been approved by the Community Development
Director or Architectural Review Commission, the application and the conditions
of approval, if any are specified, shall be forwarded to the City Engineer. The
t
Community Development Director shall submit with the approved application
whatever relevant continents on the grading plans he feels are necessary to
apprise the City Engineer of any significant characteristics or peculiarities
of the site or the grading plan.
SECTION 9410. Denial of Grading Permits.
No grading permit shall be issued nor shall an application for a grading
permit for the creation of building sites be approved by staff, unless
specifically authorized by the City Council per Section 9404 herein, if the
Community Development Director makes any of the following findings:
1. Potential Hazard: The grading proposed by the applicant will be
hazardous by reason of flood, geological hazard or unstable soils, or is
liable to endanger any other property or result in the deposition of material
or debris on any public way or property or drainage course or otherwise create
a public nuisance pursuant to Chapter 4, Section 4400 et seq. of the Municipal
Code.
2. Prior to Approval of Development Plans: The grading is proposed on
a site prior to final approval by the City of the development of all of the
area to be graded, as evidenced by a final subdivision map, a precise plan for
• planned development, Architectural Review Commission project approval, and /or
• valid building permit authorizing the erection or removal of structures or
other improvements upon said site.
3. Not Consistent with City Plans and Policies: The design of the
proposed sites is not consistent with applicable adopted City General and
Specific Plans, policies, property development standards, design criteria or
specifications, or is contrary to the purpose and intent of this Chapter.
4. Im ortinR and Exporting of Earth Material:
(a) The grading proposed requires "engineered grading" per Section
9421(3) herein; and
(b) The design of the proposed grading on the site requires an _
excessive amount of earth material to be imported to or exported from
said site, in which case, the Community Development Director shall refer
the application to the Architectural Review Commission for review and
action.
SECTION 9411. Fees.
1. Plan Checking Fees: For excavation and fill on the same site, the
fee shall be based on the volume of the excavation or fill, whichever is greater.
Before accepting a set of plans and specifications for checking, the Community
Development Director shall collect a plan checking fee. Separate permits and
fees shall apply to retaining walls or other structures. There shall be no
separate charge for standard terrace drains and similar facilities. The
amount of the plan checking fee for grading plans shall be as set forth by
Council resolution.
2. Grading Permit Fees: A fee for administration and inspection of the
work authorized by each grading permit shall be paid to the Community Develop-
ment Director as set forth by Council resolution. Such fees shall be collected
at the time of issuance of the grading permit.
SECTION 9412. Bonds and Other Guarantees.
1. Bonds: The Community Development Director may require bonds in
such forms and amounts as may be deemed necessary to assure that the work, if
not completed in accordance with the approved plans and specifications, will be
corrected to eliminate hazardous conditions.
Also, the Community Development Director may, at his discretion, require
that bonds be posted to recover the full costs of any damage to public right -
of -way which may occur because of the peculiar nature or large scope of the
project (i.e., transportation of fill or heavy equipment on local streets not
designed to accommodate said traffic.)
2. Optional Guarantee: In lieu of a surety bond the applicant may file
a cash bond or instrument of credit with the City in an amount-equal to that
which would be required in the surety bond.
SECTION 9413. Design Standards -- General.
The topography of a site proposed for development shall remain substantially
in its natural state. Mass r.econtouring shall not be allowed. In all cases the
average cross slope of a site shall be determined by the Community Development
Director prior to any grading operations or approval of any grading plan. Any
grading operation shall have a relationship to the average cross slope of the
proposed site to be graded, as shown in Table B. The percentage of the site,
exclusive of building area, to remain in its natural state (no grading of any
kind allowed) shall be considered as follows:
TABLE B
PERCENT AVERAGE CROSS SLOPE PERCENT OF SITE TO REMAIN IN NATURAL STATE
C�a•�
6 - 10
11 - 15
16 - 20
21 - 25
26 - 30
Above 30
SECTION 9414. Design Standards - Excavation.
0
25
40
60
80
90
100
1. General_: Unless otherwise recommended in the approved soil engineering
and /or engineering geology report, cuts shall conform to the provisions of this
section.
2. Slope: The slope of cut surfaces shall be no steeper than is safe for
the intended use. Cut slopes shall be no steeper than two horizontal to one
vertical. All graded planes shall be rounded on all edges to blend with natural
slopes. All rounded edges shall be graded in conformity with Table C.
3. Drainage and Terracing: Drainage and terracing shall be provided as
required by Section 9417.
0
SECTION 9415.. Design Standards - Fills.
1. Genera].: Unless otherwise recommended in the approved soil engineer-
ing report, fills shall conform to the provisions of this section.
Where a soil engineering .report is not required, the provisions of this
section may be waived by the Community Development Director for minor fills
not intended to support structures.
2. Fill Location: Fill slopes shall not be constructed on natural
slopes steeper than two to one or where the fill slope toes out within 12 feet
horizontal of the top of existing cut slopes, except as part of an approved
soils engineering plan.
3. Preparation of Ground: The ground surface shall be prepared to
receive fill by removing vegetation, noncomplying fill, top soil and other
unsuitable materials as determined by the soil engineer, and, where the slopes
are five to one or steeper, by benching into sound bedrock and other competent
material.
4. Fill Material: Earth materials which have no more than minor amounts
of organic substances and have no rock or similar irreducible material with a
maximum dimension greater than three (3) inches shall be used.
5. Compaction: All fills shall be compacted to a minimum of 90 percent
of maximum density as determined by Uniform Building Code Standard No. 70 -1.
Field density shall be determined in accordance with Uniform Building Code
Standard No. 70 -2 (or equivalent) as approved by the City Engineer. The
applicant shall provide tests as required.
6. Slope: The slope of fill surfaces shall be no steeper than is safe
for the intended use. Fill slopes shall be no steeper than two horizontal to
one vertical. All graded planes shall be rounded on all edges to blend with
natural slopes. All rounded edges shall be graded in conformity with Tabl-e C.
7. Drainage and Terracing: Drainage and terracing shall be provided
and the area above fill slopes and the surfaces of terraces shall be graded
and paved as required by Section 9417.
Table C
!7
X
u
SET -BACK POINT
TYPICAL CUT OR FILL SLOPE
a
N
n
(i
SECTION 9416. Setbacks.
The tops and the toes of cut and fill slopes shall be set back from
the property boundaries as far as necessary for safety of the adjacent
properties and to prevent damage resulting from water runoff or erosion of
the slopes.
The tops and the toes of cut and fill slopes shall be set back from
structures as far as is necessary for adequacy of foundation support and
to prevent damage as a result of water runoff or erosion of the slopes.
Unless otherwise recommended in the approved soil engineering and /or
engineering geology report and shown on the approved grading plan, setbacks
shall be no less than shown in Table D.
Table D - Setbacks
H in feet
a
b
c
d
0 • 10
$'
2'
3'
It -30
(H/2)'
3'
(H/2)'
7'
31 and over
15
3'
H
P/L
0
face E
of —
buliding I to
e
1 back
c point et
P/L
8 @t 1
b
back
point
K ---- Fr!I1"_ -= _ __ .
I f ace
d-- of
foot(ngi
1' min. depth
reinforced cone. paving
1
SECTION 9417. Drainage and Terracing.
1. General: Unless otherwise indicated on the approved grading plan,
drainage facilities and terracing shall conform to the provisions of this
section.
2. Terrace: Terraces at least six (6) feet in width shall be established
at not more than thirty (30) foot vertical intervals to control surface drainage
and debris. Suitable access shall be provided to permit proper cleaning and
maintenance.
Swales or ditches on terraces shall have a minimum gradient of five (5)
percent and must be paved with reinforced concrete or reinforced air blown
mortar not less than three (3) inches in thickness or an approved equal paving.
They shall have a minimum depth at the deepest point of one (1) foot and a
minimum paved width of five (5) feet.
A single run of swale or ditch shall not collect runoff from a tributary
.area exceeding 13,500 square feet (projected) without discharging into a down
drain.
Exception: The City Engineer may waive the requirements for terraces
where a soil engineering or engineering geology report indicates the require-
ments are not necessary to carry out the purpose and intent of this Chapter.
3. Subsurface Drainage: Cut and fill slopes shall be provided with
subsurface drainage as necessary for stability.
4. Disposal: All drainage facilities shall be designed to carry waters
to the nearest practicable drairageway approved by the City Engineer and /or
other appropriate jurisdiction as a safe place to deposit such waters. If
drainage facilities discharge onto natural ground, riprap may be required.
At least two percent gradient toward approved drainage facilities from
building pads will be required unless waived by the Community Development
Director for non -hilly terrain.
Exception: The gradient from the building pad may be one percent where
building construction and erosion control will be completed before hazardous
.conditions can occur.
SECTION 9418. Erosion Control.
1. Slopes: All disturbed surfaces resulting from grading operations shall
be prepared and maintained to control erosion. This control shall consist of
effective planting to be completed as soon as practicable after grading and no
later than 30 days prior to calling for final approval:. All planting shall be
specified in the grading plan and shall be approved by the Community Development
Director. Plant material shall be installed and growing before final inspection
is given. The inspector shall not give approval at final inspection unless the
planting is in conformity with the approved plan and showing signs of surviving
and spreading.
2. Other Devices: Where necessary, check dams, cribbing, riprap or other
devices or methods shall be employed to control erosion and provide safety.
Such devices shall be approved by the City Engineer and a list of previously
approved devices will be kept by the City Engineer.
SECTION 9419. Dust Prevention.
All graded surfaces and materials shall be wetted, protected or contained
in such manner as to prevent dust or spill upon any adjoining property or street.
r•
SECTION 9420. Hours of Operation.
Excavation and /or grading shall be done between the hours of 7 A.M. and
10 P.M. except in case of urgent necessity in the interest of public health
and safety, and then only with a permit from the Community Development Director.
Said permit may be granted for a period not to exceed three days, and may be
renewed for successive periods of three days each.
If the Community Development Director determines that the public health
and safety will not be impaired by the excavation or grading within the hours
of 10 P.M. and 7 A.M., and if be further determines that no loss or inconven-
ience would result to any interested person, he may grant permission for such
work to be done within the hours of 10 P.M. and 7 A.M.; provided, however,
this section does not authorize violations of the noise ordinance.
SECTION 9421. Grading Inspection.
1. General: All grading-operations for which a permit is required shall
be subject to inspection by the City Engineer. A record of all inspections
shall be maintained in the City Engineer's office. A copy of an approved grading
permit shall be available in a conspicuous place on the subject site during all
grading operations.
2. Initial Inspection: Prior to the commencement of any grading on the
site, all property corners shall be surveyed and staked and all grading stakes
and markers shall be set using normal construction procedures indicating as
clearly as possible the tops and toes of all cuts and fills. No grading may
be started until the City Engineer has inspected the site and verified the
relationship of the property line, and the proposed cut and fill slopes, with
the grading plan.
3. Grading Designation: All grading shall be performed in accordance
with the approved grading plans and specifications and shall be designated as
follows:
(a) Grading involving less than 500 cubic yards shall be
designated "regular grading" unless the proposed grading would
occur on steep slopes, creeksides, lakesi.des, flood plains or
other environmentally sensitive areas which in the judgment of
the Community Development Director, warrant "engineered grading."
(b) Grading involving 500 to 5,000 cubic yards shall be
designated "engineering grading" and be prepared by an engineer,
unless in the judgment of the Community Development Director,
"engineered grading" is not necessary to accomplish the purpose
and intent of this Chapter, in which case, the Director may waive
the "engineered grading" requirement.
(c) Grading involving more than 5,000 cubic yards shall be
designated "engineered grading" and be prepared by an engineer.
4. Engineered Grading Requirements: For engineered grading it shall
be the responsibility of the engineer who prepares the approved grading plan
to incorporate all recommendations from the soil engineering and engineering
geology reports into the grading plan. He shall also be responsible for the
professional inspection and certification of the grading within his area of
technical specialty. The responsibility shall include, but need not be limited
to, inspection and certification as to the establishment of line, grade and
drainage of the development area. The engineer shall act as the coordinating
a
agent in the event the need arises for liaison between the other professionals,
the contractor, and the City Engineer. The engineer shall also be responsible
for the preparation of revised plans and the submission.of as- graded plans
upon completion of the work and before calling for final inspection.
Soil engineering and engineering geology reports shall be requited as
specified in Section 9409. During grading all necessary reports, compaction
data and soil engineering and engineering geology recommendations shall be
submitted to the engineer and City Engineer by the soil engineer and the
engineering geologist.
The soil engineer's area of responsibility shall include, but need not
be limited to, the professional inspection and certification concerning the
preparation of ground to receive fills, testing for required conpaction,
stability of all finish slopes and the design of buttress fills, where
required, incorporating data supplied by the engineering geologist.
The engineering geologist's area of responsibility shall include, but
need not be limited to, professional inspection and certification of the
adequacy of natural ground for receiving fills and the stability of cut slopes
with respect to geological matters, and the need for subdrains or other ground
water drainage devices. He shall report his findings to the soils engineer
and the engineer for engineering analysis.
The City Engineer shall inspect the project at the various stages of
work requiring certification and at more frequent intervals if necessary to
determine that adequate control is being exercised by the professional con-
sultants.
5. Regular Grading Requirements: The City Engineer may require in-
spection and testing by an approved testing agency at the expense of the
applicant.
The testing agency's responsibility shall include, but need not be
limited to, certification concerning the inspection of cleared areas and
benches to receive fill, and the compaction of fills.
When the City Engineer has cause to believe that geologic factors may
be involved, the grading operation will be required to conform to "engineered
grading" requirements.
Prior to calling for final inspection on the graded site, as- graded plans
of the completed work shall be submitted to the City Engineer.
6. Notification of•Noncompliance: If, in the course of fulfilling their
responsibilities under this Chapter, the engineer, the soil engineer, the
engineering geologist or the testing agency finds that the work is not being
done in conformance with this Chapter or the'approved grading plans, the
discrepancies shall be reported immediately in writing to the person in charge
of the grading work and to the City Engineer. Recommendations for corrective
measures, if necessary, shall be submitted.
7. Transfer of Responsibility for Certification: If the engineer, the
soil engineer, the engineering geologist or the testing agency of record are
changed during the course of the work, the work shall be stopped until the
replacement has agreed to accept the responsibility within the area of their
technical competence for certification upon completion of the work.
P
8. Rough Grading Inspection: Prior to the commencement.of any building
construction; pursuant to a building permit on the graded site, a bench mark
shall be provided to verify that the building site is graded in conformance
with approved grading plan,.or indicating the amount of variation between
actual elevation and the elevation on the plan if they are not the same. If
there is a substantial variation, an amended grading plan shall be submitted to
the City Engineer for approval prior to calling.for inspection. No building
construction shall be started until the City Engineer has inspected the site
and approved the rough grading work, including any interim or permanent erosion
control measures deemed necessary.
9. Special Inspections: When required by the City Engineer, special
inspections and special testing shall be performed in addition to those in-
spections and testing specified elsewhere in this Chapter. The owner or his
authorized agent shall employ a special inspector who shall be present at all
times during those operations specified by the City Engineer. The special
inspector shall be approved by and report to the City Engineer.
SECTION 9422. Completion of Work.
1. Final Reports: Upon completion of the rough grading work and at the
final completion of the work an "as graded" grading plan prepared by the
Engineer shall be submitted which includes ground surface elevations, lot
drainage patterns and locations and elevations of all surface and subsurface
drainage facilities. He shall provide certification that the work was done
in accordance with the final approved grading plan. The report shall be
reviewed by the City Engineer in connection with the on -site inspection of
the pad elevation bench marks specified in Section 9421(8).
The City Engineer may also require the following reports and drawings
and supplements thereto.
(a) A soil grading report prepared by the soil engineer including
locations and elevations of field density tests, 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 during grading and their effect on the recommendations made in
the soil engineering investigation report. He shall provide certifi-
cation as to the adequacy of the site for the intended use.
(b) A geologic grading 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 shall
provide certification as to the adequacy of the site for the intended use
as affected by geologic factors.
2. Notification of Completion: The permittee or his agent shall notify
the City Engineer when the grading operation is ready for final inspection.
Final approval 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 have been submitted. Upon completion the City
Engineer shall recommend acceptance or denial of the work to the Community
Development Director.
SECTION 9423. Grading Violations.
Whenever any work is in progress or has been completed without a permit,
or is determined to be contrary to an approved grading plan, the Community
Development Director may direct the person responsible for performing the
grading, or the property owner to immediately correct any work which has been
performed contrary to an approved grading plan; or, in the event the work is
in progress without a permit, the Director shall cause a "Stop Work Order"
to be issued and immediately posted on the site.
The Community Development Director shall immediately notify in writing
the City Attorney of the violation of the Grading Ordinance. The Community
Development Director shall cause the address file of the site in question
to be "red tagged" and no permits will be issued or work approved. until
clearance is received from the City Engineer on the subject site.
If work for which a permit is required by this chapter is begun prior to
obtaining said permit, the fees for plan checking and grading permit shall be
doubled, but the payment of such double fees shall not relieve the application
from fully complying with the requirements of this Chapter in the execution of
the work nor from any other penalties.
SECTION 9424. Appeals.
Any person, firm or corporation aggrieved by a decision of the City
Engineer, Community Development Director, or Architectural Review Commission,
may appeal to the City Council in writing within ten (10) days after such
decision. A public hearing shall be held upon the appeal at the next regular
Council meeting held at least three (3) days after publication of notice of
the hearing, and the Council shall make its findings and conclusions no later
than forty -five (45) days after the filing of said appeal.
In considering an appeal the Council will consider the precise proposal,
its conformity or deviation with the intent of this Chapter and the general
criteria prescribed herein and any technical, environmental, or design
evaluations, related to the site and area involved, as may be provided by
staff or appellant, as well as the reasons why the appellant considers the
decision inappropriate.
(Ordinance No. 663, 1976 Series)
FINALLY PASSED this 15th day of March 19 76 ,
by the following roll call vote:
ATTEST:
AYES: Councilmen Graham,'Gurnee, Petterson, Norris
and Mayor Schwartz
NOES: None
ABSENT: None
ERK J.H. FITZPATRICK