Chapter 17.04 — GRADING, EXCAVATIONS, FILLS, WATERCOURSES

For the purpose of this chapter, the following terms shall be defined as follows:

.010 "Developer" is any person or individual, firm, copartnership, joint venture, association, social group, fraternal organization, corporation, estate trust, business trust, syndicate or any other combination acting as a unit.

.020 "Excavation" is any act by which earth, sand, gravel, rock or any other material is cut into, dug, quarried, uncovered, removed, displaced or relocated, and shall include the condition resulting therefrom.

.030 "Fill" is any act by which earth, sand, gravel, rock or any other material is deposited, placed, pushed, pulled or transported to a place other than the place from which it was excavated, and shall include the conditions resulting therefrom.

.040 "Grading" is an excavation or fill or any combination thereof, and shall include the conditions resulting from any excavation or fill modifying the elevations and/or drainage patterns of the property.

.050 "Grading plan" is a plan or map showing the property boundaries, existing contours, and proposed final grades resulting from grading operations, prepared and signed by a registered civil engineer.

.060 "Approved soil testing agency" is an agency which the City Engineer finds has technically qualified personnel and adequate facilities for making the required soil tests.

.070 "Approved," when referring to a method, means a method which the City Engineer finds will produce the results specified in the chapter.

.080 "Registered Civil Engineer" is a person who practices or offers to practice civil engineering, and who is licensed to do so by the State of California.

.090 "Soil engineer" is a civil engineer, duly registered in the State of California, whose field of expertise is soil mechanics. (Ord. 1167 (part); December 10, 1957: Ord. 5966 § 5; April 26, 2005: Ord. 5977 § 1; June 14, 2005.)

The purpose of this chapter is to require that excavations and fills which may affect drainage and watercourses be performed in accordance with good engineering practice, thereby reducing to a minimum the hazards and damage to public and private property from such work.

The City Council declares the regulations and standards established herein to be the minimum regulations necessary for the protection of public and private property, and that, where circumstances warrant, the City Engineer shall recommend to the City Council such additional standards, procedures and other regulations as may improve the quality of such protection, which regulations may include landscaping and the placement of structures and easements as one essential to accomplish these results. (Ord. 1167 (part); December 10, 1957: Ord. 5966 § 6; April 26, 2005.)

The provisions of this chapter shall apply to the City, to any County, State or Federal governmental agency, or any department, commission, board or officer thereof. (Ord. 1167 (part); December 10, 1957: Ord. 5966 § 7; April 26, 2005.)

No person shall commence or make any excavation or fill upon any lot, parcel or tract of land without complying with the applicable provisions of the chapter and all other regulations of the City relating to excavations, earth removal, hauling or protection of slopes. (Ord. 1167 (part); December 10, 1957.)

.010 No person shall do any grading without a permit therefor from the City Engineer.

.020 A separate permit shall be required for each separate (noncontiguous) site. One permit may cover both an excavation and a fill on the same site. (Ord. 1167 (part); December 10, 1957: Ord. 5966 § 8; April 26, 2005.)

No permit shall be required by virtue of this chapter for any of the following:

.010 Grading pursuant to a permit for excavation in public streets or public easements;

.020 Grading in connection with a public improvement or public work for which inspection is provided by the City of Anaheim;

.030 Excavations by a public utility or a mutual water company in private easements;

.040 An excavation below finished grade for basements and footings of a building, swimming pool or underground structure authorized by a valid building permit. This exception shall not affect the applicability of this chapter to, nor the requirement of a grading permit for, any fill made with the material from such excavation. (Ord. 1167 (part); December 10, 1957: Ord. 5966 § 9; April 26, 2005.)

Wherever grading or excavating is required on a lot or parcel of land in connection with the location and construction of gasoline tanks or other related fire protection work for which a permit has been issued by the Fire Inspector, the Fire Inspector shall perform all of the duties specified by this chapter to be performed by the City Engineer, except supervision and inspection of work performed on public property or work on drains, dams or revetments, which shall be performed by the City Engineer. The Fire Inspector shall file a copy of each excavation permit which he issues with the City Engineer. (Ord. 1167 (part); December 10, 1957.)

.010 Application for a permit shall be made in the form of scaled plans, prepared by a registered civil engineer, in a number and form acceptable to the City Engineer, and containing the following information:

.0101 The purpose of the work, and a statement as to whether the purpose of the excavation is to prepare the site for subdivision under the State Map Act;

.0102 The amount of material proposed to be excavated and the amount of fill in cubic yards;

.0103 The net disturbed area in acres, and the total development in acres;

.0104 The legal description of the property on which the work is to be performed;

.0105 The name and address of the owner of the property on which the work is to be performed;

.0106 The name, address and phone number of the civil engineer and soil engineer;

.0107 Property lines of the property on which the work is to be performed;

.0108 Location of all private and public easements on the property;

.0109 Location of any buildings or structures on the property where the work is to be performed, and the location

of any building or structure on land of adjacent property owners which is within fifteen feet of the property on which the work is to be performed;

.0110 Elevations, dimensions, location, extent and the slopes of all work proposed to be done, shown on a contour map;

.0111 Detailed plans of all crib walls, drains, dams or other protective devices to be constructed in connection with, or as a part of, the proposed work;

.0112 Location of all retaining walls proposed to be constructed in connection with the proposed work, but permitted, as required by the Building Division;

.0113 The City of Anaheim benchmark, with complete description and elevations used to provide accurate elevations for design of the proposed work;

.0114 Such further applicable plans or drawings as the City Engineer may require in order to carry out the purpose of this chapter.

.020 The City Engineer may waive the requirement for scale plans or drawings, if he or she finds that the information on the application is sufficient to show that the work will conform to the requirements of this chapter. .030 Details for construction of private infrastructure, such as private streets, private sewers not under the purview of the Building Division, or private drainage facilities, shall be included on the plan and permitted as part of this application. Design of such improvements shall be in conformance with the requirements and standard details approved by the City Engineer.

.040 The application shall be accompanied by the following additional studies, as required by the City Engineer: .0401 A soil report prepared and signed by a licensed geologist or soil engineer, providing a thorough engineering investigation based on the existing conditions and work proposed to be done;

.0402 A detailed drainage study prepared and signed by a licensed Civil Engineer, including supporting

calculations, a map showing tributary drainage areas, estimated runoff expressed in cubic feet per second, and analysis of the impacts to downstream drainage facilities;

.0403 Such further applicable studies or information as the City Engineer may require in order to carry out the purposes of this chapter.

.050 The application shall be accompanied by a plan-checking deposit, in an amount sufficient to cover the estimated cost of the plan review. The amount of the deposit shall be established by resolution of the City Council. (Ord. 1167 (part); December 10, 1957: Ord. 5966 § 11; April 26, 2005.)

.010 Upon approval of the application, receipt of the permit fee and deposit for inspections, the City Engineer is authorized to issue the permit, subject to conditions the City Engineer shall impose to protect the public and private property, including conditions set forth on the plans or permit form. The permittee shall retain the permit at the site of the work and present it to the City personnel upon demand.

.020 The permit shall include the following information:

.0201 The name, address, phone number and fax number of the person to have effective control of the work;

.0202 The estimated dates for starting and completing the work to be done. (Ord. 5966 § 12; April 26, 2005: Ord. 5977 § 1; June 14, 2005.)

.010 The amount of the permit fee and deposit for inspections shall be established by resolution of the City Council.

.020 The City Engineer shall deduct the cost of all inspection and plan review, the cost of any work done and repairs made by or at the order of the City Engineer, pursuant to Section 17.04.210, from any of the permittee's deposits. The balance of such deposits shall be refunded to the permittee, upon completion of the project. If the deposit is insufficient, the City Engineer shall takes steps as may be necessary to recoup the amount of the insufficiency. To recoup the insufficiency, the City may apply any other funds of the permittee on deposit with the City.

.030 The calculations of the City Engineer as to the cost of any work done or repairs made by the City under the provisions of this chapter shall be final and conclusive.

.040 The City Engineer shall keep an accurate account of all fees paid, refunds made, the name of the payer/payee, and the date and amount of each payment. (Ord. 1167 (part); December 10, 1957; Ord. 3574 § 1; August 10, 1976: Ord. 5966 § 13; April 26, 2005.)

.010 Performance of work shall conform to the approved plans, conditions of permit, and recommendations of the geologist or soil engineer. The responsible geologist or soil engineer shall be in substantial control of the grading, to ensure compliance with the recommendations of the soil report and any subsequent recommendations from the geologist or soil engineer.

.020 Where not in conflict with other provisions of this chapter, earthwork shall conform to the applicable provisions of the latest edition of the Standard Specifications for Public Works Construction, including any supplements. (Ord. 1167 (part); December 10, 1957: Ord. 5966 § 14; April 26, 2005.)

.010 Upon completion of the rough grading work and prior to issuance of any building permit, the City Engineer shall require submittal of the following reports and drawings, and any supplements thereto:

.0101 A certification from the Civil Engineer that the building pad area is graded in accordance with the approved plans;

.0102 A soil grading report prepared by the soil engineer, including locations and elevations of field density tests, summaries of field and laboratory tests, final description of the soils of the site, and other substantiating data and comments on any changes made during grading, and their effect on the recommendations made in the original report. The soil engineer shall provide certification as to the adequacy of the site for the intended use. (Ord. 5966 § 15; April 26, 2005.)

.010 Upon completion of building construction and prior to issuance of a Certificate of Occupancy, submittal of a certification by the civil engineer is required, stating that each lot does have positive drainage to the street and/or that a drainage device approved by the City Engineer has been installed to provide adequate lot drainage and is functioning properly; and that lot drainage has been provided in accordance with the final approved grading plan.

.020 Final Lot Certification. Upon completion of the work and prior to issuance of the final Certificate of Occupancy for the site or development, the City Engineer shall require submittal of the following reports and drawings, and any supplements thereto:

.0201 An as-graded grading plan prepared by the civil engineer, including original ground surface elevations, asgraded ground surface elevations, lot drainage patterns, and locations and elevations of all surface and subsurface, public or private drainage facilities, private streets, and private sewers. The civil engineer shall provide certification that the work has been completed in accordance with these final as-graded plans;

.0202 A final soil report prepared by the licensed soil engineer, including locations and elevations of field density tests, summaries of field and laboratory tests, final description of the soils of the site, and other substantiating data and comments on any changes made during grading and their effect on the recommendations made in the original report. The soil engineer shall provide certification as to the adequacy of the site for the intended use. (Ord. 5966 § 16; April 26, 2005: Ord. 5977 § 1; June 14, 2005.)

.010 The City Engineer shall, at his or her discretion, determine whether or not to issue a grading permit, based upon the plans, tests and other information in the possession of the City at the time of such approval or rejection. Except as provided in subsection .020 below, the proposed grading plan shall be set for a public hearing prior to a decision by the City Engineer. Notice of the time and place of such public hearing, including a general description of the location of the grading, shall be published once in a newspaper of general circulation, as provided in Government Code Section 6061. In addition, notice of such hearing shall be mailed by first class United States Mail to the owners of property, as shown on the latest equalized assessment rolls of the County of Orange, situated within 300 feet of such proposed grading. The term "City Engineer" shall be deemed to include any designated representative of the City Engineer.

.020 Notwithstanding the requirements of subsection .010 above, no public hearing shall be required to be held by the City Engineer, prior to the issuance of a grading permit, under any of the following circumstances: .0201 Where the application for a grading permit has been preceded by the preparation or filing of a Negative Declaration or an Environmental Impact Report, as defined in the California Environmental Quality Act (Public Resources Code Sections 21092 et seq. and 21080 et seq. respectively, or any successor statutes), for any project of which the grading is a part, and such project is considered and approved at a duly noticed public meeting or public hearing held by the Planning Commission, City Council, or any other hearing officer or hearing body as authorized by this Code; or

.0202 Where the application for a grading permit is for grading which is a necessary part of any project for which a discretionary permit or entitlement is otherwise required by any provision of this Code, and which discretionary permit or entitlement is considered and approved at a duly noticed public hearing held by the Planning Commission, City Council, or any other hearing officer or hearing body as authorized by this Code; or

.0203 Any grading which requires a permit pursuant to this chapter, but which grading is statutorily, categorically or otherwise exempt from environmental review pursuant to the provisions of the California Environmental Quality Act (Public Resources Code sections 21092 et seq. and 21080 et seq. respectively, or any successor statutes). (Ord. 5009 § 1; April 11, 1989: Ord. 5104 § 1; March 20, 1990; Ord. 5199 § 1; January 15, 1991: Ord. 5966 § 17; April 26, 2005.)

.010 Whenever, in the judgment of the City Engineer, the proposed work would directly or indirectly create a hazard to human life or endanger adjoining property or property at a higher or lower level, or any public sewer, storm

drain, watercourse, street, street improvement or any other public property, or create a nuisance, the application shall be denied. If in the opinion of the City Engineer the danger or hazard can be eliminated by the erection or installation of walls, cribs or other devices, or by a specified method of performing the work, the City Engineer may grant the permit, upon condition that the specified protection and precautionary work be done to his or her satisfaction, or upon condition that a specified method of performing the work be used.

.020 In granting any permit under this chapter, the City Engineer may attach such conditions thereto as may be reasonably necessary to prevent danger to public or private property, or to prevent the operation from being conducted in a manner hazardous to life or property, or in a manner likely to create a nuisance.

(Ord. 1167 (part); December 10, 1957: Ord. 5966 § 18; April 26, 2005.)

The City of Anaheim, its offices or agents shall not be responsible for any condition or damages resulting from the work whether or not a permit has been issued. (Ord. 1167 (part); December 10, 1957.)

No permit hereunder shall be transferable without the written consent of the City Engineer. (Ord. 1167 (part); December 10, 1957.)

Any permit issued under this chapter may be revoked by the City Engineer after notice for: .010 Violation of any condition of the permit;

.020 Violation of any provision of this chapter or any other applicable chapter or law relating to the work;

.030 The existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others. (Ord. 1167 (part); December 10, 1957.)

Any decision of the City Engineer pursuant to this chapter, including but not limited to, any decision concerning the issuance, issuance with conditions, denial or revocation of any grading permit, or the approval or denial of any grading plan, shall be made in writing, and shall be either personally delivered or mailed by first-class U.S. mail, postage prepaid, to the permit applicant and any other person(s) requesting notice of such decision. Said decision may be appealed by the applicant or any other person, by filing written notice of appeal with the City Clerk, together with such appeal fee as established by resolution of the City Council; within ten calendar days following the date of personal service or the date of mailing of such decision, whichever is earlier. The filing of a timely appeal shall vacate the decision of the City Engineer, and any rights granted under any grading permit which is the subject of the appeal. The City Council shall designate a hearing officer to hear such appeal and render a final decision thereon. Such hearing shall be held within thirty days following the date of filing of the notice of appeal. Notice of such hearing shall be given in the manner provided in Section 17.04.115 of this chapter, and to any other person who has filed a written request with the City Engineer for notice thereof. The hearing officer shall render his or her decision within five calendar days following the conclusion of the hearing. The decision of the hearing officer shall be final and conclusive. (Ord. 1167 (part); December 10, 1957: Ord. 4982 § 1; December 13, 1988: Ord. 5009 § 2; April 11, 1989: Ord. 5105 § 1; March 20, 1990: Ord. 5966 § 19; April 26, 2005.)

Every permit issued hereunder shall expire at the end of sixty days following the estimated date of completion as set forth in the permit. If the permittee shall be unable to complete the work within the specified time, he or she shall, prior to expiration of the permit, present in writing to the City Engineer a request for an extension of time, setting forth therein the reasons for the requested extension, accompanied by payment of a fee for permit extension. If in the opinion of the City Engineer such an extension is necessary, he or she may grant additional time for the completion of the work. (Ord. 1167 (part); December 10, 1957: Ord. 5009 § 3; April 11, 1989: Ord. 5966 § 20; April 26, 2005.)

.010 All cuts and fills shall be made in accordance with the recommendations of the soil report, as required per Section 17.04.090, and shall conform to the following:

.0101 No excavation shall be made with a face steeper in slope than one and one-half to one vertical, unless a retaining wall or other approved support is provided to support the face of the excavation or fill. The City Engineer may upon request permit deviations from this standard, provided the soil report provides an analysis and recommendation to approve such deviations.

.0102 The City Engineer may require the excavation or fill to be constructed with an exposed surface flatter in slope than one and one-half to one vertical, if he or she finds that under the particular conditions such flatter is necessary for stability and safety.

.020 All slopes shall be protected immediately upon completion with an approved erosion control device, such as planting, or the placing of jute mesh or straw matting.

.030 Fill material, after compaction, shall have a minimum relative density of not less than ninety percent of maximum dry density (or such lesser percentage as specified by the City Engineer and recommended by the soil engineer), as determined by the Modified AASHO Soil Compaction Test, or other approved testing method giving equivalent test results.

.040 This section applies to all excavations and fills in the City of Anaheim, regardless of whether a permit is required by this chapter for such excavation, except that the test and reports specified by this section shall not be necessary in connection with excavations or fills for which no permit is required. (Ord. 1167 (part); December 10, 1957: Ord. 5966 § 21; April 26, 2005.)

Provision shall be made to prevent any surface waters from damaging the cut face of an excavation or the sloping surface of a fill. All drainage provisions shall be of such design as to carry surface water to the nearest practical street, storm drain or natural watercourse approved by the City Engineer as a safe place to deposit and receive such waters. (Ord. 1167 (part); December 10, 1957.)

.010 If at any stage of work on an excavation or fill the City Engineer determines by inspection that the nature of the formation is such that further work, as authorized by an existing permit, is likely to endanger any property or public way, the City Engineer may require, as a condition to allowing further work to be done, that such reasonable safety precautions be taken as the City Engineer considers advisable to avoid such likelihood of danger. Such safety

precautions may include, but shall not be limited to, specifying a flatter exposed slope, construction of additional drainage facilities, erosion control measures, berms, terracing, compacting or cribbing.

.020 If the work is not prosecuted with due diligence to completion, or if the work is prosecuted in a manner which endangers any adjoining public or private property, or if the work does not comply with the terms of this chapter, the City Engineer shall notify the permittee, in writing, and require the permittee, within such time as allowed by the City Engineer, to take such corrective measures as may be determined by the City Engineer. Upon failure of the permittee to undertake such corrective measures, the City Engineer may complete or cause to be completed, at the expense of the permittee, whatever work in necessary to restore the property to a safe condition. No notice to the permittee shall be required when, in the judgment of the City Engineer, a hazard to the public exists. (Ord. 1167 (part); December 10, 1957: Ord. 5966 § 23; April 26, 2005: Ord. 5977 § 4; June 14, 2005.)

No person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley or other public property, without supporting and protecting such public street, sidewalk, alley or other public or private property from settling, cracking or other damage which might result from such excavation. Should the nature of the excavation create a hazard to life unless adequately supported and/or fenced, the applicant may be required to construct approved fences or guardrails to safeguard persons using the public street, sidewalk, alley or other public or private property. (Ord. 1167 (part); December 10, 1957: Ord. 5966 § 24; April 26, 2005.)

.010 No person shall dump, move or place any earth, sand, gravel, rock, stone or other excavated material so as to cause the same to be deposited upon, or to roll, flow or wash upon or over the premises of another, without the express consent of the owner of each such premises so affected, or upon or over any public way.

.020 No person shall, when hauling any earth, sand, gravel, rock, stone or other excavated material over any public street, alley or other public place, allow such materials to blow or spill over and upon such street, alley, property or adjacent private property.

.030 When, due to a violation of subsection .010 of this section, any earth, sand, gravel, rock, stone or other excavated material is caused to be deposited upon, or to roll, flow or wash upon any public place or way, the person responsible therefor shall cause the same to be removed from said public place or way within thirty-six hours. In the event it is not so removed, the City Engineer shall cause such removal, and the cost of such removal by the City Engineer shall be paid to the City by the person who failed to so remove the material.

.040 No person shall import or export in excess of one hundred cubic yards of fill or excavated material from the site, without first obtaining the City Engineer's approval of the haul route for the material. (Ord. 1167 (part); December 10, 1957: Ord. 5966 § 25; April 26, 2005: Ord. 5977 § 5; June 14, 2005.)