CHAPTER 6 GRADING, EROSION AND SEDIMENTATION CONTROLD74BD72B-ED1F-4198-8BE1... · BUILDING...

TITLE 4 CHAPTER 6 BUILDING REGULATIONS GRADING, EROSION AND SEDIMENTATION CONTROL

LIVINGSTON MUNICIPAL CODE

CHAPTER 6 GRADING, EROSION AND SEDIMENTATION CONTROL

4-6-1 Purpose 4-6-2 Applicability of Provisions 4-6-3 Definitions 4-6-4 Grading Permit Required 4-6-5 Emergency Grading 4-6-6 Exceptions from Grading Permit 4-6-7 Application for Grading Permit 4-6-8 Review of Reports 4-6-9 Issuance or Denial of Grading Permit; Conditions and Limitations 4-6-10 Grading Permit Conditions 4-6-11 Grading Permit Fees 4-6-12 Grading Permit Appeal Procedures 4-6-13 Faithful Performance Bond Required 4-6-14 Maintenance Bond 4-6-15 Grading Permit Limitations 4-6-16 Grading Permit Term 4-6-17 Copy of Plans and Grading Permit to be Kept at Job Site 4-6-18 Changes in Grading Permit or Work 4-6-19 Assignment of Grading Permit 4-6-20 Grading Permit Required with Building Permit 4-6-21 Right of Entry 4-6-22 Inspection-Type Required-Notice to City 4-6-23 Inspection-Special Supervision 4-6-24 Conflicts with the California Building Code or City Ordinance 4-6-25 Liability for Injury or Damage 4-6-26 Control of Work; Standards of Work 4-6-27 Grading House of Operation 4-6-28 Grading Dust and Noise Control 4-6-29 Grading Slopes and Banks 4-6-30 Trenching in Slopes and Banks 4-6-31 Building Site Pads 4-6-32 Berms for Slopes and Banks 4-6-33 Placement Specifications for Fill Material 4-6-34 Maintenance of Protective Devices 4-6-35 Certificate of Completion 4-6-36 Suspension or Revocation of Grading Permit 4-6-37 Prosecutions of Violations as Infractions 4-6-38 Penalties 4-6-40 Violations Declared Nuisance 4-6-41 Civil Actions 4-6-42 Remedies not Exclusive 4-6-43 Severability



4-6-1 PURPOSES This Chapter is enacted for the following purposes:

(A) To provide minimum standards to safeguard life and limb; protect property and property

values; preserve natural beauty; promote public welfare; and protect and enhance water quality of watercourses, water bodies and wetlands.

(B) To control erosion, sedimentation, increases in surface runoff and related environmental

damage caused by construction related activities, by regulating and controlling the design, construction, quality of materials, use, location and maintenance of grading, excavating and fill, land disturbances, land fill and soil storage in connection with the clearing and grading of land for construction within the City.

(C) To ensure that grading is conducted in a manner with the least adverse effect upon

persons and property and in conformance with applicable standards, requirements and procedures.

4-6-2 APPLICABILITY OF PROVISIONS

(A) New grading, excavations and fills, or changes, additions, repairs or alterations made to existing excavations and fills within the City shall conform to the provisions of this Chapter.

(B) If two or more limitations are not identical, those limitations which provide the greater

safety to life and limb, property, natural beauty and public welfare shall prevail.

(C) The permissive provisions of this Chapter shall not be presumed to waive any limitations imposed by other federal, state or local laws.

4-6-3 DEFINITIONS

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Chapter, except where the context clearly indicates a different meaning. The singular shall be taken to mean plural, and the plural shall mean the singular when required by the context of this Chapter.

(A) “Applicant” means the property owner, the property owner’s designee or any other

person who makes an application for a grading permit. (B) “Bedrock” means a relatively solid, structured material in place either at the ground

surface or beneath surface deposits of soil. (C) “Bench” means a relatively level surface interrupting the slope of an excavation or

embankment. (D) “Best Management Practices (BMPs)” means schedules of activities, prohibitions or

practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to watercourse, water bodies, and wetlands. Best management practices also include treatment requirements, operating procedures, design specifications, and practices to control site runoff, spillage or leaks, and waste disposal.



(E) “Borrow” means earth material acquired from an off-site location. (F) “Building Pad” means that area of a lot, parcel, or site which will be occupied by a

building and related structures. (G) “City” means the City of Livingston. (H) “City Manager” means the City Manager of the City of Livingston or his or her designee. (I) “City Engineer” means the City Engineer of the City of Livingston or his or her designee. (J) “Civil Engineer” means an engineer licensed in the State of California to practice civil

engineering. (K) “Community Development Director” means the Community Development Director of the

City of Livingston or his or her designee. (L) “Clearing, “Brushing” and Grubbing” means site preparation consisting of, but not

limited to, the removal of vegetation. (M) “Critically Expansive Soils” means soil conditions which have the potential to cause

damage to improvements, including streets, structures, and buildings. (N) “Cut Slope” means a finished or interim surface along an inclined plane resulting from

grading. (O) “Diversion” means a facility such as a ditch or berm constructed to intercept and divert

surface runoff.

(P) “Earth Material” means any rock, soil or any combination thereof. (Q) “Elevation” means the vertical distance above an established datum. (R) “Engineering Geologist” means a person licensed by the State of California in

engineering geology. (S) “Engineering Geology” means the application of geological data and principles to

engineering problems with rock and soil. (T) “Erosion” means the wearing away, detachment, and movement of the ground surface by

wind, water, ice, or gravity action. (U) “Excavation” means any action by which earth material is removed. (V) “Existing or Natural Grade” means the grade prior to grading. (W) “Fill” means a deposit of earth material placed by artificial means.



(X) “Final Erosion and Sediment Control Plan” means a plan that depicts the permanent erosion control approved by the City Engineer.

(Y) “Finished Grade” means the completed grade constructed in accordance with the

approved plan. (Z) “Geologic Report” means a report prepared by an engineering geologist or civil engineer

dealing with geological features and characteristics such as fault line, fault creep, landslide, and seismic hazards.

(AA) “Geotechnical/Soil Engineer” means a civil engineer who is experienced in the field of

engineering as described in the definition of “Geotechnical/Soil Engineering” in this section.

(BB) “Geotechnical/Soil Report” means a report prepared by a geotechnical engineer dealing

with items such as field test results, observations regarding the nature, distribution, and strength of existing soils and recommendations and conclusions for grading procedures and designs.

(CC) “Grade” means the elevation of a ground surface. (DD) “Grading” means any excavation (cut), filling, stripping, stockpiling, clearing and

grubbing, or any combination thereof, which alters land or vegetation. (EE) “Hillside Site” means a site within the limits of grading having an average of 15 percent

or greater. (FF) “Holidays” means days observed as legal holidays by the City. (GG) “Hydro-Mulching” means the application of plant residue or other suitable materials to

the land surface to conserve moisture, hold soil in place, and aid in establishing plant growth.

(HH) “Permittee” means the applicant to whom the permit is issued. (II) “Person” means a natural person, his or her heirs, executors, administrators or assigns,

and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforsesaid.

(JJ) “Pollutants” means any material other than storm water, including, but not limited to,

rock, sand, building materials, waste, and litter discharged into the City’s storm water system as defined in this Chapter and other parts of the Livingston Municipal Code.

(KK) “Rainy or Wet Season” means the period of time between October 15 and April 15

inclusive. (LL) “Relative Compaction” means the ratio of the field or dry or wet density to the laboratory

maximum dry or adjusted wet density respectively, expressed as a percentage. (MM) “Rough Grade” means the temporary grade which approximates the finished grade.



(NN) “Runoff” means the surface flow of water. (OO) “Sediment” means earth material deposited by action or water, wind, or gravity. (PP) “Sedimentation” means the process by which soil, mineral, or organic matter is removed,

transported, and deposited by action of water, wind, or gravity. (QQ) “Sediment Basin” means a reservoir which retards flow so as to cause or allow deposition

of transported sediment. (RR) “Site” means any lot or parcel of land or contiguous combination where grading is to be

performed. (SS) “Slope” means the inclination of a ground surface expressed as the (1) ratio of horizontal

distance to vertical distance; or (2) ratio of vertical distance to horizontal distance expressed in percent.

(TT) “Soil” means earth material of whatever origin that overlies bedrock.

(UU) “Stockpile” means earth, rock, gravel, sand, or other similar material temporarily stored prior to final disposition.

(VV) “Terrace” means a relatively level area constructed in a face of a slope surface for

drainage and maintenance purposes. (WW) “Vicinity map” means a visual representation of the project site in relationship to

significant geographic features such as water courses, water bodies, roads, and other significant structures.

4-6-4 GRADING PERMIT REQUIRED

Except as provided in Section 4-6-5 (Emergency Grading) and Section 4-6-6 (Exceptions fromGrading Permit Requirements) of this Chapter, no person shall perform or cause any grading or excavating without a City-issued grading permit.

4-6-5 EMERGENCY GRADING

Emergency grading to safeguard life or property may be undertaken prior to the issuance of a grading permit. The City Engineer or his or her designee shall be notified within twenty-four (24) hours of the commencement of emergency work, unless such work is exempt in accordance with the provisions of Section 4-6-6 below.

4-6-6 EXCEPTIONS FROM GRADING PERMIT

A grading permit may be waived by the City Engineer if one or more of the following conditions apply:

(A) The excavation and fill at any location:



(1) Is less than three feet deep and adequately supported by a retaining structure designed in accordance with the applicable adopted building code; and

(2) Does not create a slope steeper than two horizontal to one vertical.

(B) The volume of excavation or fill does not exceed 15 cubic yards provided:

(1) The excavation or fill does not obstruct a drainage course or alter existing drainage patterns, and does not add pollutants to the storm drain system, rivers, creeks or other waterways;

(2) The excavation or fill is less than three feet at its deepest point, measured

vertically upward from natural grade to the surface; (3) The fill is not intended to support structures; (4) The fill is placed on natural grade that has a slope not steeper than five horizontal

to one vertical; and (5) The proposed grading or resulting grades will not adversely impact abutting

properties.

(C) Minor land leveling or agriculture, farming and gardening if the ground elevation stays substantially the same and the drainage pattern is not altered.

(D) Cemetery graves. (E) Excavations below finished grade for swimming pools or basements, walls or footings of

a building, or underground structures authorized by a valid City building permit. (F) Trench excavations authorized by a valid building permit for the purpose of installing

underground utilities, if such excavations are to be backfilled to natural or existing grade. (G) Grading in refuse disposal areas and sanitary landfills, mining, quarrying, processing or

stockpiling of rock, sand, gravel, aggregate, or clay, if (1) a development permit has been granted, provided such operations do not affect the lateral support or increase the stresses in, or pressure upon any adjacent or contiguous property, or alter the orientation of natural water course which may result in adverse changes to adjoining property; and (2) such operations are consistent with the grading practices set forth herein.

(H) Stockpiles of topsoil materials that are not placed within the public right-of-way and: (1)

do not obstruct drainage ways; (2) are not subject to erosion; (3) do not endanger other properties; and (4) do not create a public nuisance or safety hazard. The land shall be restored to its original condition after removal of stockpiles.



(I) Clearing of vegetation when all of the following conditions are met: (1) The slope of the ground is less than 15 percent; (2) The area to be cleared is one acre or less; (3) Clearing is more than 100 feet away from the top bank of a watercourse or other

water body; and (4) Clearing will not result in erosion.

(J) Construction of water wells.

(K) Construction of test trenches, pits, and bores within private property under the supervision of a professional civil engineer or engineering geologist, provided the drainage patterns remain the same.

(L) Placement of fill above existing grade, which will be retained by the exterior wall of a building, a retaining wall, a swimming pool, or other structure authorized by a valid building permit, when the existing and finished ground slope is less than 15 percent.

(M) Grading within a street to conform to elevations approved by the City Engineer and for which an encroachment permit has been issued by the City.

(N) Unless otherwise exempt, all excavations and trenches are subject to the applicable

sections of the State of California, Division of Safety, or Cal-OSHA.

4-6-7 APPLICATION FOR GRADING PERMIT The application for a grading permit shall include, but not be limited, to the following:

(A) Completed grading permit application form provided by the City. (B) Payment of filing and review fees as established by Resolution of the City Council.

Filing and Review fees are non-refundable. (C) Vicinity map. (D) Description of the land on which the proposed work is to be done by lot, block, tract and

street address, or similar description that will readily identify and definitively locate the proposed work.

(E) Four copies of the grading plan and specifications that conform to the guidelines of the

City Engineer. The grading plan and specifications shall be prepared, stamped, and signed by a civil engineer, and shall be subject to approval by the City Engineer. The grading plan and specifications shall include, but not be limited to, the following information:



(1) A contour map to scale and having contour intervals of five (5) feet, showing the present contours of the land, the proposed contours of the land after completion of the proposed grading, boundaries, lot lines, neighboring public ways, and sufficient dimensions and other data to show the location of all work.

(2) Description of the type and classification of the soil, details and location of the

proposed drainage structures and piping, benches, walls and cribbing. (3) Details, locations and species, planting plans and schedules, etc., for all

proposed slope-control plantings and for all proposed screening, the location of all existing trees of over four-inch trunk diameter on the site, and identifying those trees which will not be disturbed by the proposed grading.

(4) The name, address, business number, cell phone number and e-mail address of

the contact person responsible for preparing the plans and specifications. (5) Such other information as the City Engineer may require to carry out the

purposes of this Chapter.

(F) Estimated start and completion date for the grading work, the construction schedule, and the schedule for installation of permanent erosion and sediment control devices where required.

(G) Earthwork calculations.

(H) Name of the permitee, who shall be responsible for the correctness of the work and for requesting inspections required under this Chapter.

(I) Geotechnical/soils investigation report if grading operation exceeds one thousand (1,000)

cubic yards. The City Engineer may also request a geotechnical/soils investigation report if grading operation is less than one thousand (1,000) cubic yards. The geotechnical/soils investigation report shall be prepared by a firm of consulting civil engineers, licensed in the State of California, specializing in soil mechanics and foundation engineering, and shall clearly state that the proposed grading conforms to conservative safe engineering practices. The geotechnical/soils investigation report shall include, but not be limited to, the following:

(1) Description of any critically expansive soil or any other soil problem(s) present at

the site. (2) Investigation of each site, including recommended corrective actions which will

prevent structural damage to buildings, structures, and improvements to be constructed.



(3) Discussion of the stability of all exposed slopes, both cut and fill, and all required drainage for both surface and subsurface waters, and requirements for berms on all slopes, and recommended degrees of compaction for all fills.

(4) A geologic map and description of geologic formations and structures significant

to the safety and performance of improvements. (5) Faults, existing active or inactive landslides, and areas subject to earthquake

ground failure such as liquefaction. (6) “R” values necessary to determine the suitability of the earth material for any

improvements. (7) Recommendations for corrective actions at locations where land stability

problems exist. (8) Such other recommendations, as in the opinion of the civil engineers, are

required by the purposes of this Chapter. Logs of all test borings, and results of all field and laboratory tests performed during the soils investigation, shall be included with the soils investigation report.

(9) The signature and registration number of the civil engineer geologist preparing

the report. All reports shall be subject to review by the City Engineer.

(J) Interim and final erosion and sedimentation control plan unless waived in writing by the City Engineer.

(1) An erosion and sedimentation control plan shall, through the use of permanent

control features, minimize soil erosion and maximize sediment interception from the completed project site and shall also provide for the control of runoff from the site.

(2) The interim and final erosion and sedimentation control plan shall conform to the

guidelines provided by the City Engineer. (3) The interim and final erosion and sedimentation control plans shall be prepared

in accordance with the provisions of the California Storm Water Best Management Practices Handbooks and other applicable standards.

(4) An interim erosion and sediment control plan is required prior to each rainy

season for a staged project or a project that may be completed before October 15. The permittee shall submit plans for review and secure approval no later than September 1, and install all erosion and sediment control measures no later than October 15.



(K) Geologic Report when required by the City Engineer. A geologic report when required by the City Engineer shall be based on adequate and necessary test borings and shall contain, and not be limited to, the following information:

(1) Adequate description of the geology at the site, including delineating any hazard

of surface fault trace or rupture. (2) Conclusions and recommendations regarding the effect of geologic conditions on

the proposed development. (3) Recommendations and conclusions regarding the adequacy of site(s) to be

developed by the proposed grading. (4) Any other information required by the City Engineer.

(L) Landscape addendum to the erosion and sediment control plan by a licensed landscaped architect when required by the Community Development Director or City Engineer.

(M) Copies of the notice of intent (NOI) and storm water pollution prevention plan (SWPPP)

when required by State law. (N) Such other items as requested by the City Engineer. (O) Any application for a grading permit shall comply with CEQA by demonstrating with

sufficient information that the proposed grading will not cause significant harm to the environment or that the environmental mitigation measures imposed through a prior and applicable CEQA review have been or will be completed as conditions to the grading permit.

4-6-8 REVIEW OF REPORTS

All reports shall be subject to review by the City Engineer. Supplemental reports and data may be required as deemed necessary by the City Engineer. Recommendations included in the reports and approved by the City Engineer shall be incorporated in the grading plan and grading permit.

4-6-9 ISSUANCE OR DENIAL OF GRADING PERMIT; CONDITIONS AND LIMITATIONS

(A) Upon receiving an application for a grading permit along with required submittals, posting of surety as required, and payment of fees, the City Engineer will review the application and related reports, documents and plans. Applications may be approved, conditionally approved, or denied.

(B) Factors to be considered in the review process include, but are not be limited to:

(1) Probability of hazardous or unsightly conditions.

(2) Possible saturation by rain, erosions, and earth movements.

(3) Runoff of surface water.

(4) Subsurface conditions such as the stratification and faulting of rock.



(5) Nature and type of soil or rock. (6) Whether applicant has complied with CEQA.

(C) A grading permit may be denied if the applicant fails to furnish information or secure

other permits that may be required by the City or agencies of the County, state or federal government or other public agencies.

(D) Failure of the City Engineer to observe or recognize hazardous or unsightly conditions or

failure to deny the grading permit shall not relieve the owner or his or her agent for responsibility for the condition or damages resulting therefrom.

(E) When the application: (1) will not adversely affect the drainage or lateral support or other

properties in the area; and (2) will not be detrimental to the public health, safety or the general welfare;, and (3) is in accordance with the requirements of this Chapter or other provisions of the Livingston Municipal Code, the City Engineer may issue a grading permit, attaching such conditions as he or she may deem necessary to ensure compliance with this Chapter. The permittee shall perform the work in accordance with the approved plans and in compliance with all the requirements of this Chapter. The permittee shall keep informed of all state and federal laws, local ordinances, and regulations which in any manner affect the permit. The permittee shall at all times comply with and shall cause all his or her agents and employees to comply with all such laws, ordinances, regulations, decisions, and court and similar administrative orders. All work shall be performed under the provisions of the California Contractors License provisions contained in Chapter 9 of Division 3 of the Business and Professions Code of the State of California.

4-6-10 GRADING PERMIT CONDITIONS

The City Engineer may impose any condition to ensure compliance with the provisions of this Chapter and other applicable laws and regulations. Such conditions may include, but are not be limited to:

(A) Requirements for fencing around excavations or fills which otherwise would be

hazardous, and drip lines of trees to be preserved. (B) Completion of the work within a specified period of time. (C) Compliance with Best Management Practices (BMPs). (D) Provisions for dust control. (E) Construction of stabilized ingress and egress. (F) Hours of operation. (G) Designation of route and time of travel over streets. A surety bond, or other acceptable

security, may be required, if deemed necessary by the City Engineer, to secure the repair of improvements that may be damaged by the permittee.

(H) Installation of barricades and barricade lighting.



(I) Designation of the disposal site for any material removed from the grading site. (J) Other conditions established by the City Engineer to carry out the purposes of this

Chapter. 4-6-11 GRADING PERMIT FEES

Before issuing any grading permit, the City Engineer shall collect the permit fee as established by the City Council along with all filing and review costs incurred by the City in connection with the permit application.

4-6-12 GRADING PERMIT APPEAL PROCEDURES

Any applicant aggrieved by the determination of the City Engineer may appeal such determination to the City Manager by filing a written notice of appeal, and accompanying fee within fifteen (15) days after receiving a permit denial. The City Manager shall conduct an investigation and provide the opportunity for the aggrieved applicant to be heard. The City Manager shall render a decision which shall be final and binding within 15 days of the City Manager’s meeting or hearing with the applicant. The City Manager may:

(A) Affirm or reverse the action of the City Engineer. (B) Add or delete the conditions of the grading permit. (C) Refer the matter back to the City Engineer for further review and/or discussion with the

applicant.

4-6-13 FAITHFUL PERFORMANCE BOND REQUIRED The intent of this requirement is to permit the City to restore the property to a safe and reasonably attractive condition in the event of non-compliance of the grading permit conditions.

(A) The City Engineer shall require a faithful performance bond, guaranteeing to the City the

faithful performance of all work and all conditions contained or described in the approved grading permit and in the approved plans and specifications made a part hereof, if he or she determines that the:

(1) Grading or excavation and/or fill is in excess of one thousand (1,000) cubic

yards. (2) Grading or excavation, if left incomplete, will interfere with any drainage or will

endanger persons or constitute a nuisance.

(B) The faithful performance bond may take the following forms with the approval of the City Engineer and City Attorney:

(1) A corporate surety bond executed by a surety company authorized in the state. (2) A cash deposit or its equivalent.



(3) An instrument of credit filed with the City, from a financial institution subject to regulation by the state or the federal government: (1) pledging that the funds necessary to meet the grading permit performance requirements are on deposit and guaranteed for payment upon demand; and (2) agreeing that the funds designated by the instrument shall be trust funds for the purposes set forth in the instrument.

(C) The amount of the faithful performance bond shall be based upon the estimated cost to

the City to complete the grading or perform work to eliminate drainage obstruction, hazard, or nuisance and shall include the cost of interim and permanent erosion control measures if deemed necessary by the City Engineer. If the grading permit requires an erosion control and sediment control plan, the faithful performance bond shall include a cash deposit in an amount equal to the estimated cost of the proposed erosion and sediment control measures. The estimated cost of the proposed erosion and sediment control measures shall be subject to review and approval by the City Engineer.

(D) Among other appropriate provisions, every faithful performance bond shall include the

following conditions, by which the principle and surety shall each be bound:

(1) Comply with the applicable provisions of this Chapter and all other applicable laws, ordinances, rules and regulations.

(2) Comply with all of the terms and conditions of the permit to the satisfaction of

the City Engineer. (3) Complete the proposed work under the permit to the satisfaction of the City

Engineer. The City Engineer may for sufficient cause, extend the time specified in the grading permit. Such extension shall not release the surety.

(4) Pay all reasonable costs incurred or expended by the City, including, but not

limited to, court costs and attorneys’ fees, in doing or causing to be done any of the work set forth in the grading permit, any other work which in the judgment of the City Engineer is required to be done as a result of any work or activity done under the permit, or any abatement of any nuisance created by any work or activity done under the permit, or in collecting money or damages in connection with any of the foregoing.

(5) The term of the faithful performance bond shall begin on the date of its posting

and shall end upon satisfactory completion of the terms and conditions of the grading permit. Completion shall be evidenced by a certificate of completion to be issued by the City Engineer and filed with the records of the permit.

(E) The City Manager may request the City Attorney to commence an action against the

faithful performance bond under the following circumstances for example and without limitation:

(1) The permittee ceases land-disturbing activities and abandons the work site prior

to completion of the site and grading plans.



(2) The permittee fails to implement or comply with the terms and conditions of the permit and the accompanying plans and specifications or interim plans and specifications as approved by the City Engineer.

(3) Techniques used in the permit plans and specifications fail within one year of

installation.

(F) In the event of a default in the performance of any term or condition of the grading permit, the surety or the City Engineer or their designees shall have the right to enter into the premises to complete the work. It shall be unlawful for any person in any way to hinder, obstruct, or prevent such entry.

4-6-14 MAINTENANCE BOND

The City Manager or City Engineer shall also have the authority to require the filing with the City of a maintenance bond, in a form approved by the City Attorney, which shall be effective for not more than one year from the date of issuance of the grading certificate provided for in this Chapter. The maintenance bond shall be in an amount not to exceed twenty-five (25) percent of the amount of the faithful performance bond.

4-6-15 GRADING PERMIT LIMITATIONS

The issuance of a permit under this Chapter shall constitute an authorization to do only that work described or illustrated on the application or on the site plans approved by the City Engineer and shall not exempt the permittee from any applicable zoning and subdivision regulations and other federal, state and local laws.

4-6-16 GRADING PERMIT TERM

(A) The permittee shall diligently perform and complete the work by the completion date set forth in the grading permit. Permits issued under this Chapter shall be valid for the period during which the proposed land-disturbing or filling activities and soil storage takes place or is scheduled to take place. The permit shall expire no later than on the specified completion date.The City Engineer may, if the permit holder presents satisfactory evidence that unusual difficulties have prevented work being started or completed within the specified time limits, grant a reasonable extension of time on the permit, provided that the applicant’s request for the extension of time is in writing and made before the date of expiration of the permit or an immediate threat to public safety exists.

(B) The permittee shall commence permitted activities within sixty (60) days of the

scheduled commencement date for grading or the permittee shall resubmit all required application forms, maps, plans, schedules, reports and security to the City Engineer.

4-6-17 COPY OF PLANS AND GRADING PERMIT TO BE KEPT AT JOB SITE When an application is approved and a permit is issued, one set of approved plans shall be returned to the permittee. The approved plans and specifications as well as the permit shall be kept available for review at the job site.

4-6-18 CHANGES IN GRADING PERMIT OR WORK



(A) No work shall deviate from the approved grading permit or plans without prior written approval by the City Engineer. The City Engineer may require the submittal of a revised plan prior to approving any proposed change. Additional fees shall be charged for reviewing plan revisions. Failure to obtain prior approval for any change in work may be grounds for suspension of work.

(B) The City Engineer may, upon the written recommendation of a licensed civil engineer or

soils engineer, modify the requirements of the grading permit and erosion control plan under the following circumstances:

(1) Where causes exist which may have a deleterious effect on the quality of

receiving waters, or increase surface runoff, erosion or off-site sedimentation; and

(2) Where modifications achieve the same level of water quality and surface runoff,

erosion and sediment control as would have been achieved had these problems not arisen.

4-16-19 ASSIGNMENT OF GRADING PERMIT

A grading permit may be assigned pursuant to this Chapter provided the permittee notifies the City Engineer and the Building Division of the Community Development Department of the proposed assignment in writing and the City Engineer and Building Division of the Community Development Department approve of the assignment. In addition, the proposed assignee must:

(A) Submit an application form pursuant to this Chapter; (B) Agree in writing to all conditions and duties imposed by the grading permit;

(C) Agree in writing to assume responsibility for all work performed prior to the assignment; (D) Provide security pursuant to this Chapter and (E) Agree to pay all applicable charges and permit fees.

4-6-20 GRADING PERMIT REQUIRED WITH BUILDING PERMIT

Whenever an application for a building permit discloses that grading operations within the provisions of this Chapter may be conducted upon the site, the Building Official shall refer the application to the City Engineer, and no building permit shall be issued until the City Engineer has issued a grading permit or reported in writing that a grading permit is not required in accordance with this Chapter.

4-6-21 RIGHT OF ENTRY

No person shall interfere with, obstruct, hinder, or prevent the ingress or egress to or from any site by an authorized representative or agent of any surety or the City engaged in completing the work required under the grading permit, checking on compliance of the work with the terms and conditions of the permit and the provisions of this Chapter, or taking emergency actions for the protection of the public and abutting properties.

4-6-22 INSPECTION—TYPES REQUIRED—NOTICE TO CITY

The City Engineer shall, when requested, cause the inspections hereinafter required to be made, and shall either approve that portion of the work completed, or shall notify the permit holder in



writing wherein the same fails to comply with this Chapter. Where it is found by inspection that the soil or other conditions are not as stated or shown in the application for a grading permit, the City Engineer may refuse to approve further work until approval is obtained for a revised grading plan conforming to the existing conditions. The permittee shall notify the City Engineer in order to obtain the following inspections at least twenty-four (24) hours before the requested inspection date:

(A) Initial Inspection. When the permittee or his or her agent is ready to begin work on an

excavation or fill, notification to the City shall be given not less than two days before any grading is started.

(B) Clearing and Grubbing. When all clearing and grubbing has been completed, and all

materials removed from the site. Upon written permission from the City Engineer, grading operations may begin on specified portions of a site prior to completion of clearing and grubbing over the entire site.

(C) Special Structures. When excavations are complete for retaining and crib walls, and

when reinforcing steel is in place and before concrete is poured. (D) Final Inspection. When all work, including installation of all drainage and other

structures, and all plantings, has been completed. (E) Additional Inspections. The City Engineer may require additional inspections that he or

she deems are necessary and appropriate. 4-6-23 INSPECTION—SPECIAL SUPERVISION

When required by the City Engineer, inspection of compaction of fills shall be done by a civil engineer licensed by the state, or other approved testing agency. A report, prepared and signed by the civil engineer or testing agency shall be submitted to the City Engineer upon completion of the work, and shall show the following:

(A) A contour map, showing the original and finished surfaces of the areas filled. (B) The unit foundation bearing value recommended on faces of the areas filled. (C) A plan showing the location of tests made in the fill, together with a tabulation of the

percent compaction, including the preparation of original ground surface before making the fill.

(D) A statement that all work was done in conformity with the provisions of this Chapter and

any other ordinances, rules and regulations of the City, state or federal government. (E) Other information required by the City Engineer.

4-6-24 CONFLICTS WITH THE CALIFORNIA BUILDING CODE OR CITY ORDINANCE In the event of conflict between this Chapter and the California Building Code or any existing ordinance of the City, the more restrictive code or ordinance shall govern.

4-6-25 LIABILITY FOR INJURY OR DAMAGE

The permittee shall be responsible for all liability for personal injury or property damage proximately caused by work permitted and done by the permittee or proximately caused by the permittee’s failure to perform its obligations under said permit in respect to maintenance. If any



claim of such liability is made against the City, its officers, or employees, the permittee shall defend, indemnify and hold each of them harmless from such claim insofar as permitted by law.

4-6-26 CONTROL OF WORK; STANDARDS OF WORK

(A) The City Engineer shall have the right to enter the site at all times to verify compliance with permit conditions and inspect the work as deemed necessary.

(B) Grading activities shall protect adjacent properties. (1) No grading activities shall be performed close to a property line that may cause damage

to other properties or improvements, or cause injuries to persons, or create a nuisance or hazard or unlawful encroachment on other properties.

(2) Whenever any portion of the work requires entry onto an adjacent property for any

reason, the permittee shall obtain the written consent of the adjacent property owners or their authorized representative and shall file a copy of said consent with the City Engineer before a permit for such work may be issued.

(C) No person shall obstruct, impede, or interfere with an existing water course whether

improved or unimproved unless permitted by the City. (D) No grading shall be conducted in such a manner as to alter the established gradient of

natural drainage channels in such a manner as to cause excessive erosion or flooding (E) The permittee shall comply with all applicable laws, ordinances and regulations. (F) If the permittee ceases work before the work is completed, all necessary steps shall be

taken to leave the premises in a condition that will not cause damage to properties, natural or artificial drainage facilities, or improvements and will not cause injury to persons.

(G) The permittee shall bear the cost for exposure and recovery of all non-inspected work.

4-6-27 GRADING HOURS OF OPERATION

All grading in residential zones, or within one thousand (1,000) feet of any residential occupancy, hotel, motel, or hospital, shall be carried on between the hours of 8:30 a.m. and 5:30 p.m. Monday through Saturday, and 10:00 a.m. and 5:30 p.m. on holidays, unless other hours are specified by the City Engineer or the City Manager, upon receipt of evidence that an emergency exists which would constitute a hazard to persons or property.

4-6-28 GRADING DUST AND NOISE CONTROL

All graded surfaces and materials, whether filled, excavated, transported, or stockpiled, shall be wetted, protected or contained in such a manner as to prevent any nuisance from dust, or spillage upon adjoining property or streets. Equipment and materials on the site should be used in such a manner as to avoid excessive dust and noise. Roadways on the site shall be surfaced or wetted sufficiently to prevent excessive dust.

4-6-29 GRADING SLOPES AND BANKS

(A) Exposed or finished banks or slopes of any fill or excavation shall be uniformily 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 provided. Such drains or terraces shall



be permanently lined or protected with approved materials, and accumulating surface water shall be conducted to an approved discharge. Berms shall be provided to prevent overflow from any such terrace or intercepting drain.

(B) All exposed or finished banks or slopes of any fill or excavation having a slope steeper

than three horizontal to one vertical shall be protected from erosion by approved planting, cribbing, walls or terracing, or a combination thereof. Other unprotected graded surfaces exceeding five thousand (5,000) square feet in area shall be planted, paved or built upon, or shall be provided with berms and approved drainage facilities adequate to prevent erosion and to conduct the accumulated or runoff surface waters to an approved place of discharge.

(C) 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 requirements herein have been provided and approved.

4-6-30 TRENCHING IN SLOPES AND BANKS

Any pipe trench or other trenching or excavation made in any slope or bank 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 materials, but in no case less than ninety (90) percent of the maximum density achieved by AASHO Compaction Test Method T99-57 or TI 80-57, as selected by the City Engineer or as otherwise determined by the City Engineer.

4-6-31 BUILDING SITE PADS

Whenever possible, all building site pads shall be graded to provide drainage to a street, public way, natural watercourse, approved flood channel or public easement, for drainage purposes.

4-6-32 BERMS FOR SLOPES AND BANKS

Berms shall be provided and maintained at the top of all banks or graded slopes unless the slope of the site exceeds one-fourth inch per foot in the direction of an approved point of discharge. Sites shall be graded to prevent spillage of surface waters across banks or graded slopes.

4-6-33 PLACEMENT SPECIFICATIONS FOR FILL MATERIAL

(A) All fill used, designed or intended to be used to provide vertical or lateral support for buildings or structures shall be compacted as required by the soils engineer employed for the project, or not less than ninety (90) percent, as determined by the American association of State Highway Officials (AASHO) Compaction Test Method T99-57 or TI80-57, as selected by the City Engineer or as otherwise determined by the City Engineer.

(B) Before placing any fill intended to be compacted, all existing ground surfaces upon which

such fill will be placed shall be cleared of all deleterious materials not indigenous to the site. Tree stumps cut flush with the ground may be permitted, provided at least

three (3) feet of fill is to be placed over the stump. Surface 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 bounding requirement herein, when fill is to be placed on existing slopes steeper than six (6) horizontal to one 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) feet horizontally for the full length of the slope upon which the fill is to be made.



(C) Fill material shall be of uniform density and composition, and no fill shall contain excessive voids, trash debris, garbage, organic solids, metal containers or parts, combustible waste, or other materials not specifically approved as fill material by the City Engineer in the approved plans or specifications for the project.

(D) Fill materials shall contain proper amount of moisture to assure proper behavior of the fill

material, both during compaction and after the fill is in place. This shall be in accordance with design requirements approved by the City Engineer.

(E) The maximum slope of any fill shall not exceed two horizontal to one vertical. When

cohesionless soils are used, or other conditions warrant further restriction of slope, the City Engineer may require a flatter slope.

4-6-34 MAINTENANCE OF PROTECTIVE DEVICES

The owner of any property on which any excavation or fill has been made shall maintain in good condition and repair all retaining walls, cribbing, drainage structures and other protective devices, including protective planting, until the same are well established.

4-6-35 CERTIFICATE OF COMPLETION

If, upon final inspection of any excavation or fill, it is found that the work authorized by the grading permit has been satisfactorily completed in accordance with the requirements of this Chapter, a grading certificate covering such work, and stating that the work is approved, shall be issued to the owner by the City upon request.

4-6-36 SUSPENSION OR REVOCATION OF GRADING PERMIT

(A) Suspension of Permit and Work. If the permittee fails to comply with the permit conditions or the provisions of this Chapter, the City Engineer may suspend the permit. In addition, the City Engineer may order the suspension of any work authorized by a grading permit upon determination that the weather, soil, slope, or general site conditions may cause serious accelerated erosion or sediment damage either on-site or downstream from the site. Any suspension of work ordered by the City Engineer shall toll the time limits applicable to the grading permit. Upon notice of such suspension, the permittee shall immediately cease all work except for work required by the City Engineer to eliminate hazardous conditions or nuisances. The City Engineer may reinstate or revoke suspended permits.

(B) Revocation of Permit. The City Engineer may in writing revoke a permit issued under

the provisions of this Chapter whenever the permit is issued in error on the basis of incorrect information or in violation of any federal or state law or local ordinance or regulation. The permit may also be revoked due to non-compliance with the permit conditions, the provisions of this Chapter, or other applicable laws and regulations, or whenever the permittee has defaulted in performing any work under the terms of the posted bond. Once the permit is revoked, work shall not commence or resume until a new application is filed and a new permit issued.

(C) Procedure. Upon determination that grounds for revocation of a grading permit exist, the

City Engineer shall conduct a hearing. A written notice shall be sent separately to the permittee and to the surety, stating the time and place for the hearing, and it shall be served personally or by certified United States mail, addressed to the permittee and surety at the mail address shown in the application and in the surety instrument. Within 30 days of the conclusion of the hearing, the City Engineer shall make his findings and decision



and file the same in his office and shall serve a copy thereof separately upon the permittee and its surety. Any applicant aggrieved by the determination of the City Engineer may appeal such determination to the City Manager by filing a written notice of appeal, and accompanying fee within fifteen (15) days after the determination is made pursuant to Section 4-6-12 of this Chapter. The City Manager shall conduct the appeal pursuant to the procedures set forth in that Section.

4-6-37 PROSECUTION OF VIOLATIONS AS INFRACTIONS

The violation of any provision of this Chapter, or failure to comply with any of the mandatory requirements of this Chapter, shall constitute a misdemeanor, except that, notwithstanding any other provisions of this Chapter, any such violation constituting a misdemeanor under this Chapter may, at the discretion of the authorized enforcement officer, be charged and prosecuted as an infraction.

4-6-38 PENALTIES

(A) Upon conviction of a misdemeanor, a person shall be subject to payment of a fine, imprisonment, or both.

(B) Upon conviction of an infraction, a person shall be subject to payment of a fine.

4-6-39 CONTINUING VIOLATIONS Every day any violation of this Chapter occurs or continues shall constitute a separate offense.

4-6-40 VIOLATIONS DECLARED NUISANCE

In addition to the penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this Chapter, is a threat to the public health, safety, and welfare, is hereby declared and deemed a public nuisance and may be abated. Each day such condition continues shall be regarded as a new and separate offense.

4-6-41 CIVIL ACTIONS

In addition to any other remedies provided in this Chapter, any violation of this Chapter may be enforced by civil action brought by the City. In any such action, the City may seek, as appropriate, any or all of the following remedies:

(A) A temporary restraining order, preliminary and permanent injunction. (B) Reimbursement for the costs of any investigation or inspection which led to the

establishment of the violation and for the reasonable costs of preparing and bringing any related enforcement action under this Chapter.

(C) Costs incurred in removing, correcting, or terminating the adverse effect resulting from

the violation. 4-6-42 REMEDIES NOT EXCLUSIVE

Remedies identified in this Chapter are in addition to and do not supersede or limit any or all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.

4-6-43 SEVERABILITY

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Chapter, is for any reason held to be invalid or unconstitutional by the decision of any court of competent



jurisdiction, such decision will not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have adopted this Chapter, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. (Ord. 578, 01-20-09)

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