Chapter 15.36 — GRADING EROSION AND SEDIMENT CONTROL Article I - Purpose and Definitions

This chapter shall be known as the grading ordinance of Alameda County.

(Prior gen. code § 7-110.0)

This chapter is enacted for the purpose of regulating grading work on private property within the unincorporated area of the county in order to safeguard life, limb, health, property, and public welfare; to

protect creeks, watercourses, and other drainage facilities from illicit discharges of surface runoff generated in or draining through the permit work area; and to ensure that the construction and eventual use of a graded site is in accordance with the county general plan, any applicable specific plan, and all applicable county ordinances, including the stormwater management and discharge ordinance (Chapter 13.08 of the general ordinance code) and the zoning ordinance (Title 17 of the general ordinance code).

(Prior gen. code § 7-110.1)

(Ord. No. 2010-19, § 1, 5-4-10)

Unless the particular provision or the context otherwise requires, wherever the following terms are used in this chapter, they shall have the meaning ascribed to them in this section:

"Agricultural operation" means any land related activity for the purpose of cultivating or raising plants, fish, or animals; or conserving or protecting lands for such purposes when conducted on agriculturally zoned lands; and is not surface mining or borrow pit operations, nor preparation for construction or construction of any structure for human occupancy.

"Authorized enforcement officer" means the director of public works, or his/her designated representative. See Section 15.36.710 of this chapter.

"Bedrock" means the relatively solid undisturbed rock in place either at the ground surface or beneath superficial deposits of alluvium, colluvium, or soil.

"Bench" means a relatively level step excavated into sloping natural ground on which engineered fill or embankment fill is to be placed.

"Certified engineering geologist (CEG); see "Engineering geologist."

"Civil engineer" means a professional engineer registered as a civil engineer by the state.

"Compaction" means the increase of density of a soil or rock fill by mechanical means.

"Construction general permit" means the current version of the general permit for discharges of storm water associated with construction activity, as issued by the state of California Water Resources Control Board.

"County stormdrain system" means any facilities owned and maintained by the county or the "district," or under the jurisdiction of the county, by which stormwater is conveyed to the waters of the United States.

"Creek" means any conduit, channel, swale, or other facility or topographic feature through which stormwater runoff and/or riverine or estuarine water flows continuously or intermittently in a definite direction and course, or that is used for the holding, delay, or storage of such runoff or water. See "flood control facilities" and "watercourse."

"Cut;" see "excavation."

"Depth of fill" means the vertical dimension from the exposed fill surface to the original ground surface.

"Depth of excavation" (cut) means the vertical dimension from the exposed cut surface to the original ground surface.

"Director of public works" is the Director of Public Works of Alameda County, acting either directly or through his/her authorized deputies.

"District" means the Alameda County Flood Control and Water Conservation District. See "Zone 7."

"District permit ordinance" means Ordinance 0-2000-37 of the district, and any amendments or revisions thereto.

"Embankment;" see "fill."

"Encroachment permit" means a written permit authorizing certain work within a publicly maintained roadway or flood control right-of-way.

"Engineering geologist" means a registered geologist certified as an engineering geologist by the state.

"Engineering geology" means the application of geologic knowledge in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

"Erosion" means the wearing away and transporting of earth material as a result of the movement of wind, water or ice.

"Excavation" (cut) means the removal of naturally occurring earth materials by mechanical means, and includes the conditions resulting therefrom.

"Existing grade" means the elevation of the ground surface at a given point prior to excavating or filling.

"Expansive soil" means any soil that exhibits significant expansive properties as determined by a geotechnical engineer, an engineering geologist, or the director of public works. For the purpose of determining whether a geotechnical/geologic investigation is required in order to determine if the existing natural soil on the premises is expansive, "expansive soil" means any soil with a shrink-swell rating of .5 or greater in the NRCS web soil survey; see Section 15.36.320B of this chapter.

"Fill" (embankment) is the deposit of soil, rock or other materials placed by man and includes the conditions resulting therefrom.

"Finish grade" means the final grade of the site after excavating or filling that conforms to the approved final grading plan. The finish grade is also the grade at the top of a paved surface.

"Flood control facility" means any access feature, access roadway, bank, conduit, dam, fence, inlet, measurement gauge, outfall, pump, structure, waterway, well or any other appurtenance that is located on property that is under the jurisdiction of the district or that is considered part of the district right-of-way.

"General ordinance code" means the General Ordinance Code of the County of Alameda.

"Geologic hazard" means any condition in naturally occurring earth materials that may endanger life, health or property. Geologic hazards include, but are not limited to: faults; existing or potential landslides,

mudslides, or rock falls; weak, expansive, or creeping soil; subsidence; earthquake induced shaking, ground movement, ground failure, or liquefaction; and seiche or tsunami inundation.

"Geologist" means a professional geologist registered as a professional geologist by the state.

"Geotechnical engineer" means a civil engineer registered by the state who is recognized by the state as being qualified in the field of soil mechanics and soil engineering.

"Geotechnical engineering" means the application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and may include the inspection, testing and construction thereof.

"Grading" means any land excavation, or filling or combination thereof, or the removal, plowing under or burial of vegetative groundcover.

"Grading plan" means a plan prepared in accordance with this chapter showing grading and related work.

"Grading work" means grading and related work, such as, but not limited to, drainage improvements and erosion and sediment control.

"Illicit discharge" means any discharge to the county stormdrain system that is not entirely stormwater or is not exempted by the provisions of Section 13.08.070B of Chapter 13.08 of the general ordinance code.

"Keyway" means a special backfilled excavation that is constructed beneath the toe area of a planned fill slope on sloping ground to improve the stability of the slope.

"Landscape architect" means a landscape architect registered by the state.

"Lot;" see "parcel."

"Owner" means the person shown as the legal owner of the property on the latest equalized assessment roll in the office of the county assessor.

"Parcel" (lot) means land described as a lot or parcel in a recorded deed or shown as a lot or parcel on a final map or parcel map on file in the county recorder's office.

"Permit" means either a written grading permit issued pursuant to this chapter authorizing certain grading work, or another permit issued pursuant to other applicable permit ordinances of the county, as the context requires.

"Permittee" means any person to whom a permit is issued pursuant to this chapter.

"Person" means any natural person, firm, corporation or public agency whether principal, agent, employee, or otherwise.

"Preliminary grading plan" means a plan that shows the proposed grading work in relation to the existing site prepared and submitted with the application for a grading permit.

"Rainy season" means the period of the year during which there is a substantial risk of rainfall. For the purpose of this chapter, the rainy season is defined as from October 1st to April 30th, inclusive.

"Rough grade" means the stage at which the grade approximately conforms to the approved plan. It is also the subgrade required for construction of a roadway or other paved surface.

"Sediment" is any material transported or deposited by water, including soil and debris or other foreign matter.

"Site" means any lot or parcel of land or combination of contiguous lots or parcels of land, whether held separately or joined together in common ownership or occupancy, where grading is to be performed or has been performed.

"Slope" means an inclined ground surface the inclination of which may be expressed as the ratio of horizontal distance to vertical distance.

"Soil" means all earth material of any origin that overlies bedrock and may include the decomposed zone of bedrock that can be excavated readily by mechanical equipment.

"Soil engineer," or "soils engineer;" see "geotechnical engineer."

"Stormwater" means stormwater runoff and surface drainage.

"Stormwater management and discharge control ordinance" means Chapter 13.08 of the general ordinance code.

"Stormwater pollution and prevention plan (SWPPP)" means a formal plan prepared and implemented in accordance with the provisions of the State Water Resources Control Board General Construction Permit, in order to control the pollution of stormwater discharge during construction.

"Terrace" means a relatively level step constructed in the face of a graded slope surface for drainage, maintenance or other purposes.

"Vehicular way" means a private roadway or driveway.

"Watercourse;" see Section 13.12.030 of Chapter 13.12 of the general ordinance code.

"Watercourse protection ordinance" means Chapter 13.12 of the general ordinance code.

"Work;" see "grading work."

"Zone 7" means the Zone 7 Water Agency.

(Prior gen. code § 7-100.2)

(Ord. No. 2010-19, § 1, 5-4-10)