Chapter 17.06 — GRADING, EXCAVATIONS AND FILLS IN HILLSIDE AREAS

The provisions set forth in this chapter shall apply to all land within the corporate limits of the City of Anaheim falling within the classification of "Hillside Area" as the same is herein defined. (Ord. 3411 § 2 (part); April 1, 1975.)

For the purposes of this chapter, the words and phrases contained in this section shall, when used in this chapter, have the meanings respectively ascribed to them by this section unless the context clearly requires otherwise. "Approved," when referring to a method, means a method which the City Engineer finds will produce the results specified in this chapter.

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

"As-graded" is the surface conditions existing upon completion of grading.

"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 concerning the progress and completion of the work.

"Civil Engineer" means a person who practices or offers to practice civil engineering and who is licensed to do so by the Board of Registration for Civil and Professional Engineers of the State of California.

"Civil engineering" shall mean the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works for the beneficial uses of mankind. "Compaction" is the densification of earth material by mechanical means.

"Contour grading" is the transitional use of variable slopes and the blending of these slopes into contours compatible with the natural terrain with the toe or top of the slope varying from a straight line.

"Crib wall" shall mean an earth retaining system constructed with precast reinforced concrete components which when finished shall have an open grid pattern for the planting of creeping and cascading foliage.

"Earth material" is any rock, natural soil or fill and/or any combination thereof.

"Engineering Geologist" shall mean a professional engineering geologist registered in the State of California to practice engineering geology.

"Engineering geology" is the application of geologic knowledge, principles and techniques in the observation and evaluation of the influence of earth materials, including groundwater, in the planning, construction, and maintenance of earth slopes and engineering structures.

"Erosion" is the wearing away of the ground surface as a result of the movement of wind, water and/or ice.

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

"Fill" means any act by which earth, sand, gravel, rock or any other material or any combination of the foregoing is deposited, placed, pushed, pulled or transported to a place and shall include the conditions resulting therefrom. "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" means an excavation or fill, or any combination thereof, and shall include the conditions resulting from any excavation or fill.

"Hillside area" is defined as an area within which the lot grading necessary to create a building pad would involve a cut or fill of three feet or more in vertical height below or above the natural ground or a summation of cut and fill which amounts to five feet or more or where the natural gradient of the site is five horizontal to one vertical or greater; together with such other areas as may be designated as "hillside areas" by the City Engineer.

"Key" is a designed compacted fill placed in a trench excavated in earth material beneath the toe of the proposed fill slope.

"Landslide" shall mean the downward and outward movement of soil, rock or fill or a combination thereof. "Massive landslide" shall mean a landslide too large to be stabilized by retaining methods or normal control methods.

"Person" means any individual, firm, copartnership, joint venture, association, social group, fraternal organization, corporation estate, trust, business trust, receiver, trustee, syndicate or any other group or combination acting as a unit, except the United States of America, the State and any political subdivision of either thereof.

"Retaining wall" shall mean an earth retaining system constructed with poured-in-place concrete or reinforced concrete, masonry block, brick, stone or other materials which when finished does not have an open grid pattern for planting.

"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 overlying bedrock.

"Soil Engineer" means a person who is a registered Civil Engineer licensed by the State of California and practices in soil mechanics and the analysis of slope stability.

"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 materials 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. (Ord. 3411 § 2 (part); April 1, 1975; Ord. 5108 § 1; March 27, 1990.)

.010 Unregulated Excavation. The unregulated excavation and filling of property, in the course of the physical development of the City, could cause extensive damage to public and private property and result in numerous hazardous conditions. The purpose of this chapter is to require that excavations and fills be performed in accordance with good engineering practice, thereby reducing to a minimum the present and future hazards and damage to public and private property from such work, and to allow for proper maintenance of such slopes.

.020 Transitional Areas. Transitional areas may be required between existing developed areas and areas that require grading. The scope and extent of the transitional area required will be determined by individual review by the City Engineer as prescribed under council policy of the City of Anaheim.

.030 Contour grading shall be encouraged; the extent and amount of such grading shall be determined by individual review by the City Engineer as prescribed under council policy of the City of Anaheim. (Ord. 3411 § 2 (part); April 1, 1975; Ord. 5106 § 1; March 20, 1990.)

.010 No person shall do any grading with mechanical equipment without a permit. An approved grading plan shall be required if such grading will result in any of the following:

.0101 An excavation or fill which may endanger the adjacent property;

.0102 An excavation or fill in excess of one hundred cubic yards;

.0103 An excavation three feet or more below a two (horizontal) to one (vertical) descending slope from any property line, or a fill three feet or more above a two (horizontal) to one (vertical) ascending slope from any property line;

.0104 An excavation or fill within a public sewer, water main, storm drain or power line easement.

.020 A separate permit shall be required for each noncontiguous site, unless at time of permit request the various noncontiguous sites are defined in permit application. One permit may cover both an excavation and a fill on the same site made with the excavated materials.

.030 When working by permit under subdivision .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 private property, or public place or way, the permittee shall cause the same to be removed from such private property, public place or way within thirtysix hours after notification to do so by the City Engineer. In the event it is not so removed, the Director of Public Works shall cause such removal and the cost of such removal shall be paid to the City by the permittee.

.040 When working by permit under subdivision .020 of this section, any earth, sand, gravel, rock, stone, or other excavated material is allowed to blow or spill over and upon any street, alley or public way or adjacent property, the permittee shall immediately cause the same to be removed upon notification by the City Engineer. In the event it is not so removed, the Director of Public Works shall cause such removal and the cost of such removal shall be paid to the City by the permittee.

.050 Any person who shall be required to obtain a permit pursuant to this chapter who shall fail to obtain said permit shall be guilty of a misdemeanor as defined in Section 1.01.370 of the Anaheim Municipal Code and punishable as permitted therein. (Ord. 3411 § 2 (part); April 1, 1975.)

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;

.020 Grading in connection with a public improvement or public work for which inspection is provided by the City; .030 Grading 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 where the cost of such excavation is included in the building permit valuation. 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 in accordance with Section 17.06.040 of this chapter:

.050 Grading by a public agency which possesses the power to levy an ad valorem tax. (Ord. 3411 § 2 (part); April 1, 1975.)

To obtain a permit when grading plans are required by this chapter, the applicant shall first file an application therefor in writing, upon forms furnished by the City Engineer. The application shall be signed by the owner, or his authorized agent, of the property where the work is to be performed. An agent's authority must be submitted in writing, signed by the owner of the property involved.

Every such application shall contain the following information:

.010 The purpose of the work, and a statement as to whether or not the purpose of the excavation is to prepare the site for subdivision under the State Subdivision Map Act;

.020 The amount of material proposed to be excavated and the amount of material proposed as fill both expressed in cubic yards;

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

.040 The street address at the point of access to the property where the work is to be performed;

• .050 The name, address and phone number of the owner, and his authorized agent, if any, of the property on which the work is to be performed;

.060 The name of any person who will haul excavated material to or from the property where the work is to be performed, together with the route to be used over City streets;

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

.080 The name, address and phone number of the person or persons, if known, owning the property upon which the excavated material will be deposited. If not known at the time of application, this information must be submitted in writing prior to the placement of any excavated material;

.090 The estimated dates for starting and completing the work to be done;

.100 The name, address and telephone number of the Soil Engineer and Engineering Geologist;

.110 Such further applicable information as the City Engineer may require in order to carry out the purposes of this chapter. (Ord. 3411 § 2 (part); April 1, 1975.)

The application required by the preceding section shall be accompanied by scale plans or drawings, prepared and signed by a Civil Engineer, showing the following:

.010 Property boundary lines and dimensions of the property on which the work is to be performed;

.020 Location of any buildings or structures which are to remain on the property or which influence the design of the work to be performed together with the location of any building or structure on adjacent property within fifteen feet of the property on which the work is to be performed;

.030 Finish elevations or contour lines and natural ground elevations or contour lines. Location, extent and the slopes of all of the work proposed to be done; and a certification of the quantity of excavation and fill involved stated separately;

.040 Detailed plans of all walls, cribs, drains, dams or other protective devices to be constructed in connection with or as a part of the proposed work together with supporting calculations. A map showing the tributary drainage area, or areas, and estimated runoff expressed in cubic feet per second, together with supporting calculations;

.050 Such further applicable plans, drawings, or calculations as the City Engineer may require in order to carry out the purposes of this chapter. (Ord. 3411 § 2 (part); April 1, 1975.)

All walls or other similar structures on private property required by the City Engineer in connection with permits issued by him shall be constructed under a permit from and inspected by the Chief Building Inspector. The Chief Building Inspector shall file a copy of such permit with the City Engineer. (Ord. 3411 § 2 (part); April 1, 1975.)

A fee for each grading permit shall be paid to the City Engineer as set forth by Resolution of the City Council. (Ord. 3411 § 2 (part); April 1, 1975.)

.010 Whenever, in the judgment of the City Engineer, the proposed work may 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, street, street improvement or any other public property, 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 shall be done to his satisfaction, or upon condition that a specified method of performing the work shall be used.

.020 In granting any permit under this chapter, the City Engineer shall 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. Such conditions shall include, but not be limited to:

.0201 Limitations on the hours of operation or the period of the year in which the work may be performed and such limitations shall be set forth within the permit;

.0202 Requirements as to the laying of dust, the prevention of noises and other results offensive or injurious to the neighborhood, the general public or any portion thereof;

.0203 Regulations as to the use of public streets and places during the course of the work when required for preservation of public property or public safety;

.0204 Requirements for safe and adequate drainage of the site in a manner satisfactory to the City Engineer. No work on grading will be permitted between October 15th and April 15th unless all required off-site drainage facilities have been installed and are operative. Between April 15th and October 15th no work on grading will be permitted until positive assurance is provided the City that such drainage facilities will be completed prior to October 15th. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract or site, and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or occupancy permits. Necessary right-of-way for required off-site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation proceedings therefor (the costs of which shall be borne by the developer) prior to commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through said property to ultimate disposal as approved by the City Engineer;

.0205 A requirement that approval of the City Engineer be obtained before any work which has been commenced may be discontinued for a period of one week or more;

.0206 A requirement that the permittee, or his agent, shall provide proper inspection and/or supervision of the site during inclement weather in order to take the necessary precautions to maintain the area of the work in such state as to prevent endangering life or property;

.0207 Requirements for fencing of excavations or fills which would be hazardous without such fencing and such requirements shall be set forth on the plans. (Ord. 3411 § 2 (part); April 1, 1975.)

Prior to any decision by the City Engineer concerning the issuance or revocation of any grading permit, including any decision approving or denying any grading plan, such matter shall be set for a public hearing before the City Engineer. Notice of the time and place of said public hearing, including a general description of the location of the

project, shall be given by publication at least once in a newspaper of general circulation, circulated in the City of Anaheim, and mailing written notices thereof to all property owners shown on the latest equalized assessment roll as owning real property within three hundred feet of the property which is the subject of the application at least ten days before the hearing. For purposes of conducting any hearings and making any decisions specified in the chapter, the term "City Engineer" as used in this chapter shall include any designated representative of the City Engineer. (Ord. 5009 § 4; April 11, 1989: Ord. 5104 § 2; March 20, 1990: Ord. 5199 § 2; January 15, 1991.)

.010 Purpose of Chapter. The City recognizes the need to use crib walls and/or retaining walls when necessary in conjunction with grading in the Hillside Area. In the use of crib walls and retaining walls, it is essential to require certain standards in order to preserve the natural beauty of the Hillside Area. These standards address aesthetic conditions and are imposed in addition to any applicable permit and other requirements for crib walls and retaining walls.

.020 Requirements. The following requirements shall be used in the design of crib walls and retaining walls: .0201 Maximum height shall be ten feet.

.0202 A brow ditch shall be constructed at the top of the wall with additional drainage facilities required. .0203 All crib walls and retaining walls shall be constructed with landscaping and irrigation facilities. The landscaping and irrigation facilities shall be included on the landscaping and irrigation plan to be approved by the Planning Department prior to issuance of the grading permit. For crib walls, a "mist" irrigation system at the top of the wall is preferred but a "drip" irrigation system is an acceptable alternative. Landscaping of retaining walls shall include bushes and trees planted and maintained in a manner to screen the retaining wall from public view. It is also desirable to plant vines at the base of the retaining wall which will cling to the concrete or masonry blocks. A covenant, in a form acceptable to the City Attorney, shall be recorded in the Office of the Orange County Recorder to provide for the continuing maintenance of the landscaping and irrigation facilities.

.030 Deviation from Requirements in Subsection 17.06.048.020. Plans for proposed crib or retaining walls deviating from the standards in Subsection 17.06.048.020 must be approved by the City Engineer or City Council pursuant to this chapter prior to approval of grading plans or permits. (Ord. 5092 § 1; February 6, 1990.)

No person who prepares or signs any applications, plans or drawings shall wilfully make any false statement or furnish false data therein or thereon. (Ord. 3411 § 2 (part); April 1, 1975.)

Plans for grading work bearing the approval of the City Engineer shall be maintained by permittee at the site during the progress of the grading work and until the work has been completed. (Ord. 3411 § 2 (part); April 1, 1975.)

.010 Generally. The City Engineer shall cause the following inspections to be made when notified by the holder of a permit under this chapter and shall either approve that portion of the work completed or shall notify the permit holder wherein the same fails to comply with this chapter.

.020 When Permittee to Notify City Engineer. The permittee or his agent shall notify the City Engineer: .0201 Initial Inspection. When he is ready to begin grading and not less than twenty-four hours before any grading is to be commenced;

.0202 Rough Grading. Upon completion of all rough grading, at least twenty-four hours before such inspection is to be made;

.0203 Final Grading Inspection. Upon completion of all work, including the installation of all drainage facilities and other structures required by the Chief Building Inspector.

.030 Special Structures. All retaining walls, crib walls, and wing walls or similar structures are required to be built under permit from and inspection by the Chief Building Inspector.

.040 Disapproval Because of Conditions. If the City Engineer finds the soil or other conditions to be other than as stated in the application for a grading permit, or shown on the approved plans, he shall refuse to approve further work until approval is obtained of a revised grading plan which will conform to the existing conditions. Whenever any construction or work is being done contrary to the provisions of any law or ordinance enforced by the Engineering Division, the City Engineer shall issue written notice to the responsible party to stop work on that portion of the work on which the violation has occurred. No work shall be done on that portion until the violation has been rectified and written approval obtained from the City Engineer. (Ord. 3411 § 2 (part); April 1, 1975.)

.010 Supervision. The Civil Engineer shall exercise sufficient supervisory control during the grading operation to insure compliance with the approved grading plans.

.020 Inspections. It shall be the responsibility of the Civil Engineer to coordinate all site inspection during grading operations. The site inspections shall include, but not be limited to:

.0201 Sufficient inspections by the engineering geologist to assure the City Engineer that all geologic conditions are properly considered. Where geological conditions warrant, the City Engineer shall require periodic geological reports;

.0202 Sufficient inspection and compaction control by the Soil Engineer to assure the City Engineer that all fills are being properly controlled. Periodic compaction reports certifying the acceptability of all controlled fills shall be required by the City Engineer.

.030 Engineered Grading Requirements. It shall be the responsibility of the Civil Engineer who prepares the approved grading plan to incorporate all recommendations from the soil engineer 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. This 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 Civil Engineer shall act as the coordinating agent in the event the need arises for liaison between the other professionals, the contractor and the City Engineer. The Civil Engineer shall also be responsible for the preparation of revised plans if required, and the submission of as-graded grading plans upon completion of the work and prior to issuance of any building permit. Engineering geology and soil engineering reports shall be required as specified in Sections 17.06.090 and 17.06.100. During grading all necessary reports, compaction data and soil engineering and engineering geology recommendations shall be submitted to the Civil Engineer and the 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 compaction, stability of all finish slopes and the design of buttress fills, where required, utilizing data supplied by the Engineering Geologist. The City Engineer shall inspect the project at the various stages of the work requiring certification and at any more frequent intervals necessary to verify that adequate control is being exercised by the professional consultants. .040 Notification of Noncompliance. If, in the course of fulfilling their responsibility under this chapter, the Civil 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

being exercised by the professional consultants. .040 Notification of Noncompliance. If, in the course of fulfilling their responsibility under this chapter, the Civil 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 shall be submitted in writing.

.050 Transfer of Responsibility for Certification. If the Civil 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 in writing to accept the responsibility within the area of their technical competence for certification upon completion of the work. (Ord. 3411 § 2 (part); April 1, 1975.)

In the interest of public safety and welfare, the applicant shall provide to the City Engineer a thorough engineering geological investigation and report based on the grading plan. The report shall be performed by a licensed Engineering Geologist. Two copies of the complete and final report shall be submitted to the City Engineer. The City Engineer may, upon review of the geological report, require such additional information as the City Engineer deems necessary. (Ord. 3411 § 2 (part); April 1, 1975: Ord. 5195 § 1; January 8, 1991.)

a) In the interest of public safety and welfare, the applicant shall submit to the City Engineer a thorough preliminary soils report based on the grading plan.

b) The preliminary soils report may be waived, in writing, by the City Engineer if the City Engineer determines that, due to the knowledge the City has regarding the soils qualities of the soils of the subdivisions, no preliminary analysis is necessary.

c) The soils investigation shall be undertaken by a civil engineer registered in this state, who shall recommend any corrective action which is necessary to prevent structural damage to each structure proposed to be constructed in all areas where soils problems exist.

d) If the preliminary soil report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required. e) The subdivision or portion thereof may be approved where soils problems exist if it is determined that the recommended action is likely to prevent structural damage to each structure to be constructed. Any building permit may be conditioned upon completion of the recommended corrective action. (Ord. 3411 § 2 (part); April 1, 1975: Ord. 5195 § 2; January 8, 1991.)

.010 Slope Standards Generally. No excavation shall be made with a cut slope steeper than one and one-half horizontal to one vertical and slopes in excess of twenty-five feet in height that are not contour graded shall not be made with a slope steeper than two horizontal to one vertical unless the licensed Engineering Geologist or Soil Engineer in the approved report recommends that a steeper slope would be safer and more stable. Use of contour grading is required in accordance with Council Policy No. 211 and Standards approved by the City Council. Cut slopes in excess of two hundred feet in length shall be contour graded and shall have a variety of slope ratios.

The Soil Engineer or Engineering Geologist shall furnish a written opinion certifying that he has investigated the site and that the two (horizontal) to one (vertical) slope is adequate and will not endanger any public or private property or result in the deposit of debris on any public way or cause any public way to be endangered due to loss of supporting foundation as a result of slope instability.

All lots shall be graded to drain to public or private streets unless prior approval has been received from the City Engineer.

.020 Cut Faces. The City Engineer shall require additional engineering information from the licensed Engineering Geologist or Soil Engineer if, in his opinion, existing conditions make a flatter slope than one and one-half horizontal to one vertical necessary for stability and safety.

The area of cut slope shall be confined within one lot or parcel and the top of cut slopes shall be located as shown in Table 17-A, Setbacks. All exposed cut slopes shall be protected upon completion with planting as set forth in Chapter 17.06, Section 17.06.130.

.030 Terracing. Cut slopes exceeding thirty feet in vertical height shall be terraced at approximately mid-height or at maximum intervals of thirty feet. Terraces shall be at least six feet wide except that a minimum eighteen foot wide terrace shall be required at least each sixty foot interval for the height of the cut slope. Terraces shall be paved not less than six feet wide with a minimum longitudinal grade of five percent with minimum three-inch thick reinforced concrete or air-blown mortar in medium or dark earthen tones (black, tan, sienna, umber, ocher, or green) and shall carry water to a safe disposal area as approved by the City Engineer. (Refer to Table No. 17-A, Setbacks as revised on May 9, 1991).

.040 Applicability of Section. This section applies to all hillside area excavations in the City regardless of whether or not a grading plan is required by this chapter. (Ord. 3411 § 2 (part); April 1, 1975; Ord. 5242 § 1; July 16, 1991.)

.010 To be Compacted. All fills shall be compacted to meet the requirements of the City Engineer. All lots shall be graded to drain to public or private streets unless otherwise approved by the City Engineer.

.020 Slope Standards Generally. No fill shall be made with a fill slope steeper than one and one-half horizontal to one vertical and slopes in excess of twenty-five feet in height that are not contour graded shall not be made with a slope steeper than two horizontal to one vertical unless the licensed Engineering Geologist or Soil Engineer in the approved report recommends that a steeper slope would be safer and more stable. Use of contour grading is required in accordance with Council Policy No. 211 and Standards approved by the City Council. Fill slopes in excess of two hundred feet in length shall be contour graded and shall have a variety of slope ratios.

.030 When Surface to be Flatter. The City Engineer shall require additional engineering information from the Soils Engineer if, in his opinion, a flatter surface is necessary for stability and safety.

.040 Location on Lot. In the grading of subdivisions or similar developments, the entire area of fill slope shall be confined within one lot or parcel and the top of the fill slopes shall be located as shown in Table No. 17-A, Setbacks. In the grading of exterior lots of subdivisions or similar developments and in grading of all single lots, the toe of the fill shall be located as shown in Table No. 17-A, Setbacks.

.050 General Requirements. Fills shall be compacted, inspected and tested in accordance with, but not limited to, the following provisions:

.0501 Prior to placing fills, the City Engineer shall require that certificates signed by a Soil Engineer be filed with the City Engineer stating that the subsoils have sufficient stability to support the proposed fill without settlement that may cause damage to proposed improvements.

.0502 All existing fills shall be certified by the licensed Soil Engineer before any additional fills are added.

.0503 The space over which fills are to be made shall first be cleared of all trash, brush, trees, stumps, timber, debris, noncomplying fill or other unsuitable materials as determined by the Soil Engineer and Engineering Geologist. .0504 All filling shall be done with good sound earth or soil. No oil cake, macadam or bituminous pavement, concrete, rock, boulders or other unsuitable material not easily broken shall be used in the fill, unless the same is distributed, placed more than two feet below the subgrade and does not exceed six inches in the greatest dimension. No "nesting" of such material will be permitted.

.0505 When an existing fill is to be widened or a new fill is to be made, the new material shall be bonded to the old by plowing deep longitudinal furrows or other method approved by the City Engineer.

.0506 When an existing fill is to be widened or a new fill is to be made and the slope of the existing fill or the slope of the natural ground exceeds five feet horizontal to one foot vertical, the surface of the existing fill or natural ground shall be cut in a series of benches. Each bench shall be the width of the proposed compaction equipment plus five feet or a minimum width of ten feet and graded to slope toward the cut side of the bench, or such other method as may be approved by the City Engineer. A sectional view shall be drawn on the grading plan showing the width, location and gradient of the proposed benches or the complete details of any other proposed method.

.0507 All exposed fill slopes shall be protected prior to acceptance with planting, as set forth in Section 17.06.130, Landscaping, in order to prevent erosion.

.0508 All fills shall be compacted to a minimum of ninety percent of maximum density as determined by MoistureDensity Relations of Soils: Tentative Methods of Test — D1557-58T of the ASTM. Field density shall be determined in accordance with In-Place Density of Soils: Tentative Methods of Test — D1556-58T of the ASTM or equivalent as approved by the City Engineer.

.0509 A written report of the compaction attained in fill showing the location and depth of test holes, materials used, moisture condition and relative dry density obtained from all tests prepared by a Soil Engineer shall be submitted in duplicate to the City Engineer.

If the fill is to support buildings or structures, the report shall include recommendations as to the recommended allowable soil-bearing pressures.

.060 Toeing Out. Fills "toeing out" onto existing slopes which are steeper than two horizontal to one vertical will not be permitted without the installation of protective supports approved by the City Engineer.

.070 Terracing. Fill slopes exceeding thirty feet in vertical height shall be terraced at approximately mid-height or at maximum intervals of thirty feet. Terraces shall be at least six feet wide except that a minimum eighteen foot wide terrace shall be required at least each sixty foot interval for the height of the fill slope. Terraces shall be paved not less than six feet wide with a minimum longitudinal grade of five percent with minimum three-inch thick reinforced concrete or air-blown mortar in medium or dark earthen tones (black, tan, sienna, umber, ocher, or green) and shall carry water to a safe disposal area as approved by the City Engineer. (Refer to Table No. 17 - A, Setbacks as revised on May 9, 1991).

.080 Applicability of Section. This section applies to all hillside area fills regardless of whether a grading plan is required by this chapter, except that the tests and reports specified by this section may not be necessary in connection with fills for which no grading plan is required. (Ord. 3411 § 2 (part); April 1, 1975; Ord. 5242 § 2; July 16, 1991.)

Description and Purpose. All cut or filled slopes except slopes not exceeding five feet in vertical height or such graded slopes designated as "Native Slopes" (Section 17.06.132.050) shall be planted with permanent ground cover, adequately interspersed with shrubs and trees to protect the slopes against erosion and shall be irrigated with a permanent sprinkler system to promote and sustain growth of said plantings. (Ord. 3411 § 2 (part); April 1, 1975.)

.010 Landscaped slopes shall be categorized for protection and beautification depending on their location and utilization and as described in Sections 17.06.132.010, .020, .030, .040 and .050. The category designated by the landscape architect, subject to review and approval by the City Engineer, will be indicated on each sheet of submitted landscape and irrigation plans indicating both the boundaries and the total area for each category.

.020 Planting materials shall be selected in the recommended list for all cut and fill slopes in the hillside areas. Substitutions for listed recommended planting varieties may be made provided that both the material physical area and size are specified and that such data be supported by recognized horticultural documentation. Substitutions shall be subject to review and approval by the City Engineer, in consultation with the City Arborist, and shall be non-invasive and fire-resistant species with low-water demand. Removal of existing Eucalyptus Trees and/or any other trees that were previously categorized as Specimen Trees and/or Recommended Trees on slopes greater than 15-feet, will require review and approval of the City Engineer for slope stability purposes.

.030 Recommended slope trees are outlined in Table I. Recommended slope shrubs are outlined in Table II. Recommended ground covers are outlined in Table III. Recommended procedures for designing slopes are outlined in Table IV.

(Ord. 3411 § 2 (part); April 1, 1975: Ord. 6447 § 1; November 20, 2018.)

.010 Show Slopes. Those which would include slopes adjacent to or abutting arterial highways with elevations equal to or greater than said highways, entryways into developments, lot front setback areas, side portions of lot areas with slopes less than fifteen feet in vertical height or model complexes, etc., which need immediate and profuse beautification and protection.

.0101 Trees. Show slopes shall be provided with a minimum of forty percent tree coverage, except that all trees planted on slopes less than fifteen feet in vertical height are to be planted no greater than forty feet on center and are to be five gallon size minimum or at least six feet in height at the time of certification. All other slope trees shall be planted using one hundred percent one gallon size varieties or larger and thirty percent five gallon varieties or larger. Trees required adjacent to arterial highways (Section 17.08.354) may be included in the coverage requirement provided they meet all the provisions of the above section.

.0102 Shrubs. Show slopes shall be provided with a minimum of fifty percent shrub coverage. Such slopes must be planted with one gallon minimum size shrubs and must be a minimum of twelve inches in height or a minimum of twelve inches in spread at the time of planting.

.0103 Ground Cover. Slopes may be hand planted with spacing twelve inches on center to insure one hundred percent coverage in one year from the time of planting or may be planted by hydro-seeding utilizing approved mixtures which will insure one hundred percent coverage within one year.

.020 Living Area Slopes. Those which would include slopes adjacent to or abutting arterial highways with elevations lower than said highways, between groups of continuous lots such as those of a planned unit development, side portions of lot areas with slopes greater than fifteen feet or rear portions of lot areas not adjacent to a street. .0201 Trees. Living area slopes shall be provided with a minimum of thirty percent tree coverage. Such slopes shall be planted with one hundred percent one gallon size or larger trees and thirty percent five gallon size or larger trees. .0202 Shrubs. Living area slopes shall be provided with a minimum of fifty percent shrub coverage. Such slopes shall be planted with one gallon minimum size shrubs.

.0203 Ground Cover. Slopes may be hand planted with spacing twelve inches on-center to insure one hundred percent coverage in one year from the time of planting or may be planted by hydro-seeding utilizing approved mixtures which will insure one hundred percent coverage within one year.

.030 Community Slopes. Those which would include slopes adjacent to schools, parks, commercial sites, etc., side yard and rear portions of lot areas adjacent to local streets or slopes which may be viewed from arterial highways. .0301 Trees. Community slopes shall be provided with a minimum of forty percent tree coverage. Such slopes shall be planted with one hundred percent one gallon size or larger trees and thirty percent five gallon size or larger trees.

to schools, parks, commercial sites, etc., side yard and rear portions of lot areas adjacent to local streets or slopes which may be viewed from arterial highways. .0301 Trees. Community slopes shall be provided with a minimum of forty percent tree coverage. Such slopes shall be planted with one hundred percent one gallon size or larger trees and thirty percent five gallon size or larger trees.

.0302 Shrubs. Community slopes shall be provided with a minimum of thirty percent shrub coverage. Such slopes shall be planted with one gallon minimum size shrubs.

.0303 Ground Cover. Slopes may be hand planted with spacing twelve inches on-center to insure one hundred percent coverage in one year from the time of planting or may be planted by hydro-seeding utilizing approved mixtures which will insure one hundred percent coverage within one year.

.040 Transitional Slopes. Those which would include slopes immediately adjacent to permanent natural (native) areas, casements, extremely difficult natural terrain, undevelopable land, etc., or railroad rights-of-way and freeways. .0401 Trees. Transitional slopes shall be provided with a minimum of twenty percent tree coverage except that trees planted on slopes less than fifteen feet in vertical height are to be planted no greater than forty feet on center. Such slopes shall be planted with one hundred percent one gallon size or larger trees and thirty percent minimum five gallon size trees.

Trees required adjacent to freeways, expressways and railroad rights-of-way (Section 17.08.354) may be included in the coverage requirement, provided the material used complies to show slope recommended varieties, would meet all the provisions of the above section and are planted on the slope abutting the top of said slope.

.0402 Shrubs. Transitional slopes shall be provided with a minimum of fifty percent shrub coverage. Such slopes must be planted with one gallon minimum size shrubs. Up to forty percent tree coverage may be substituted for shrub coverage where desired.

.0403 Ground Cover. Slopes may be hand planted with spacing twelve inches on-center to insure one hundred percent coverage in one year from the time of planting or may be planted by hydro-seeding utilizing approved mixtures which will insure one hundred percent coverage within one year.

.050 Native Slopes. Those would include slopes immediately adjacent to public recreational areas such as golf courses, permanent native preserves and lakes, etc. This slope designation requires the prior approval of the Development Services Department.

.0501 Native slopes shall be planted with native and indigenous plant materials, sprinkled with a temporary irrigation system and maintained by the developer until such time as the plantings are permanently established. Said slopes may be planted in their entirety by means of hydro-seeding. (Ord. 3411 § 2 (part); April 1, 1975.)

Planting specifications for trees, shrubs and ground covers are to be included in the landscape plans. Minimum requirements would include:

.010 Pit Excavation and Fill. All plants shall have pits excavated at least one and one-half times the diameter and depth of the container or root ball. Backfill shall contain excavated native solid and a prepared mix with specified additives and amendments as specified in the soils laboratory report.

.020 Staking. Each tree shall be securely fastened to a stake using one inch minimum hose ties or secured by a three wire tie-down system. Staked trees shall be securely supported using three inch redwood or pine poles, or equivalent, with a minimum height of six feet above grade.

.030 Material Removal. All stones or rocks over two inches in size, construction refuse and other deleterious material shall be removed from the slopes to be planted. After completion of the planting, all rubbish and surplus material shall be removed. (Ord. 3411 § 2 (part); April 1, 1975.)

The soil condition and quality on all graded slopes must provide an optimum growing environment for plant materials in order to promote rapid and healthy plant growth for an extended period.

.010 Soil Tests. Fertility soil samples of all slopes shall be taken and a report prepared by a recognized professional soils laboratory.

.020 Soil Additives and Amendments. Soil conditioners such as nitrohumus, nitrolized redwood, fir or pine shaving, etc., nitrous additives such as nitrogen, phosphorous, potash, soil sulfurs, etc. and other soil elements shall be added in the amounts prescribed by the soils laboratory.

.030 Weed Control. Pre-emergent herbicides shall be employed on all slopes except those which are hydro-seeded and post-emergent contact herbicides shall be employed on all planted slopes to destroy the majority of prevalent annual grasses and broadleaf weeds. Application methods and rates shall be outlined by the responsible landscape architect, and should include prewatering slopes daily to allow maximum weed seed germination prior to postemergent control.

.040 Nurse Crop. A temporary ground cover may be seeded to provide immediate or temporary slope protection on slopes. The nurse crop must be a noncompeting variety or mix that will allow permanent ground cover and shrubs to prevail. Such temporary ground cover may be hydro-seeded.

.050 Irrigation Application. Maximum irrigation application rates shall be specified for each graded slope. Application periods, as a function of precipitation rates, shall be specified in the soils laboratory report. Periods between such applications shall be specified by the responsible landscape architect. (Ord. 3411 § 2 (part); April 1, 1975.)

An approved irrigation system shall be installed prior to planting to effectively irrigate all required slopes.

.010 Automatic Controls. Approved automatic timing controls shall be provided to irrigate all slopes in excess of fifteen feet in height.

.0101 Controls shall be employed to permit multiple repeat (periodic) operations of precipitation of 0.2 inches per hour or less.

.0102 Controls shall be provided to alter the period (number of repeats) of operation in order to obtain an optimum precipitation duration for each day(s).

.0103 Sprinkler control system shall be designed to insure that in no event shall the rate of precipitation or duration of sprinkling permit an oversaturated condition or cause a potential erosion problem.

.0104 Detailed controller program which insures optimum irrigation rates shall be specified in the maintenance brochure (Section 17.06.138).

.020 Piping. An underground irrigation piping system shall be provided for all planted slopes less than fifteen feet in height. Exposed piping on irrigated slopes shall be manufactured from metallic materials. Aged galvanized flow rates shall be used for galvanized pipes.

.030 Feed Point. The irrigation point of connection shall be directly connected to the main service line for the building(s). Common area irrigation system pipelines shall have a point of connection to main service line of the complex.

.040 Valves. Locate all valves for ease of maintenance and accessibility. All electric valves shall be twenty-four volt, normally closed.

.050 Devices. Backflow prevention, back drain prevention, valves, flow-control devices, piping, etc., shall conform to Building Division Standards. (Ord. 3411 § 2 (part); April 1, 1975.)

.010 Plans and Soils Report. Landscape and irrigation plans are required for all cut and fill slopes which require plantings. A copy of the soils engineering report on all slopes and a copy of the planting specifications shall be

submitted with the landscape plans.

.0101 Plan Submittal. Landscape and irrigation plans shall be submitted to the Development Services Department within sixty days after final approval of hillside as-graded grading plans. No application for a building permit will be approved without an approved landscape plan. In the interest of public safety and general welfare, the City Engineer may require approval of landscape plans prior to the issuance of a grading permit.

.0102 Slope Areas. It shall be the responsibility of the landscape architect to insure that slope levels shown on the submitted landscape plans indicate the actual finished grade levels.

.0103 Slope Category Designation. Slope category designations as outlined in Section 17.06.132 shall be indicated as outlined areas on the plan. The total slope areas shall be tabulated for each slope category on each sheet. Other planting areas required as a condition of development may be shown on separate sheets.

.0104 Planting Tabulation. Plant varieties and size for each tree and shrub shall be tabulated to indicate both the required and provided coverage for each slope increment shown.

.0105 Compliance with Code. Each sheet shall be signed by a registered landscape architect to ascertain compliance that each slope shown conforms to the provisions of this chapter.

.020 Irrigation Plan Approval. Irrigation system plans of sufficient clarity to indicate the extent of work proposed shall be submitted to the Development Services Department. Specifications for devices, pipe sizing and type, flow rates, precipitation rates, etc., should be shown on the schematic. All such plans shall be prepared under the direction of and certified by a registered landscape architect to insure conformance to the provisions of this section. Building Division approval is required prior to the installation of any permanent system. (Ord. 3411 § 2 (part); April 1, 1975.)

Upon completion of the planting and the installation of the sprinkler system an inspection shall be performed by the responsible landscape architect to certify compliance with the approved plans and to perform a functional test of the sprinkler system. Said landscape architect shall certify in writing to the City of Anaheim Development Services Department that the soils, additives and amendments, weed control, planting of the slopes and the installation of the irrigation system comply to the approved plans and to all the provisions of Sections 17.06.130, to and including 17.06.140. (Ord. 3411 § 2 (part); April 1, 1975.)

All plants shall be maintained in a healthy condition during the duration of responsibility. Initially it shall be the responsibility of the developer to maintain (water and weed) all slopes where required by the provisions of this chapter until such time as the property is occupied by reason of lease or purchase, at which time the responsibility for such maintenance shall be transferred to a mandatory Community Association. The Covenants, Conditions and Restrictions of the subject tract shall provide for acceptance of the responsibility for maintenance by the Community Association. Maintenance shall include restoration of any portion of a slope area affected by installation of walls, fences, swimming pools and the like.

A special brochure shall be prepared by the responsible landscape architect for the purpose of instructing the lessee or purchasers of the property and any landscape maintenance company working on the property on the proper maintenance and watering of landscaped slopes, and these brochures shall be submitted to and approved by the Engineering Division and Development Services Department prior to certification of the property for occupancy by the Building Division. (Ord. 3411 § 2 (part); April 1, 1975.)

A special landscaping performance bond, in an amount established by the City Engineer and in a form approved by the City Attorney, shall be posted by the developer to guarantee that the planting will become permanently established. This bond will become effective upon certification as required in Section 17.06.137 and will be held by the City for a minimum one-year period after the landscaping has been certified. The purpose of this bond is to insure adequate ground coverage and permanent establishment of plantings during the maturation period after planting. (Ord. 3411 § 2 (part); April 1, 1975.)

Development Services Department shall perform an inspection at the end of the initial one-year bond period and shall determine whether the coverage is sufficient in quality and quantity to warrant the acceptance of the landscaping and irrigation system for release of the bond at that time. (Ord. 3411 § 2 (part); April 1, 1975.)

Prior to final inspection of grading operations as provided in Section 17.06.180.020, annual rye or approved blade grass shall be planted on all cut or fill slopes which require planting, unless final landscaping plans have been submitted and approved. (Ord. 3411 § 2 (part); April 1, 1975.)

The owner of any property on which an excavation or fill has been made pursuant to a permit granted under this chapter, or any other person or agent in control of such property, shall maintain in good condition and repair all retaining walls, cribbing, drainage structures, planted slopes and other protective devices shown in the approved plans or drawings submitted with the application for the grading permit. (Ord. 3411 § 2 (part); April 1, 1975.)

Whenever the City Engineer determines by inspection that any existing excavation or fill from any cause has become a menace to life or limb, or endangers property, or affects the safety, usability or stability of a public way, the owner of the property upon which such excavation or fill is located, or other person or agent in control of the property, upon receipt of notice in writing from the City Engineer so to do, shall, within thirty calendar days from the date of such written notice, commence the repair or reconstruction of such excavation or fill so that it will conform to the requirements of this chapter, or otherwise repair, reconstruct, strengthen or eliminate such excavation or fill in a manner satisfactory to the City Engineer so that it will no longer constitute a menace or danger as aforesaid. A shorter period of time may be specified by the City Engineer if an imminent or immediate hazard is found to exist. (Ord. 3411 § 2 (part); April 1, 1975: Ord. 5250 § 1; August 27, 1991.)

Provisions shall be made to prevent any surface waters from damaging the cut face of an excavation or the slope surface of a fill. All drainage shall be so designed as to minimize erosion of any slope. Structures shall be constructed of three-inch thick reinforced concrete or air-blown mortar using medium or dark earthen tones (black, tan, sienna, umber, ocher, green). However, subject to the prior approval of the City Engineer, downdrains may be constructed of natural grey concrete or air-blown mortar with a natural riverbed rock surface. All drainage structures shall be of such design as to carry surface water to the nearest street, storm drain or natural watercourse approved by the City Engineer

as a safe place to deposit and receive such waters. (Ord. 3411 § 2 (part); April 1, 1975: Ord. 3933 § 1; November 7, 1978: Ord. 3955 § 1; January 9, 1979.)

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 shall 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 danger. Such safety precautions may include, but shall not be limited to, specifying a flatter exposed slope, construction of additional drainage facilities, berms, terracing, compaction or cribbing, or combination of any of the foregoing. (Ord. 3411 § 2 (part); April 1, 1975.)

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

.0101 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 drainage facilities. He shall provide certification that the work was done in accordance with the final approved grading plan;

.0102 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 in the soil engineering investigation report. He shall provide certification as to the adequacy of the site for the intended use;

.0103 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 as-graded grading plan. He shall provide certification as to the adequacy of the site for the intended use as affected by geologic factors.

.020 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 as-graded grading plan and the required reports have been submitted.

.030 Final Lot Drainage Certification. Upon completion of building construction and prior to issuance of a Certificate of Occupancy, the Chief Building Inspector shall require submittal of a certification by the Civil Engineer 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. (Ord. 3411 § 2 (part); April 1, 1975: Ord. 3942 § 1; November 21, 1978.)

Whenever a possible slippage plane is apparent on the surface or encountered during the excavation work, a written report shall be furnished the City Engineer by the Engineering Geologist prior to any further work being performed within the area affected by said slippage plane. Said report shall include recommendations for the remedial treatment

required to prevent potential hazard to the area caused by the slippage plane. Permittee shall take such protective measures as shall be required by the City Engineer in order to safeguard the area against the said potential hazard. (Ord. 3411 § 2 (part); April 1, 1975.)

No person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley or other property without supporting and protecting such public street, sidewalk, alley or other property from settling, cracking or other damage which might result from such excavation. Should the nature of the excavation create a potential hazard to life unless adequately fenced, the applicant may be required to construct approved fences or guardrails to safeguard persons using the public street, sidewalk, alley or other property. (Ord. 3411 § 2 (part); April 1, 1975.)

.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 any public place, or way, or upon, or over the premises of another without the express written consent of the owner of such premises so affected.

.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 wilfully allow such materials to blow or spill over and upon such street, alley or public way, or adjacent private property. (Ord. 3411 § 2 (part); April 1, 1975.)

.010 A cash bond or surety bond for each grading permit shall be required in an amount established by the City Engineer and in a form approved by the City Attorney in the sum of thirty percent of the estimated cost of the work conditioned upon the faithful performance of the work within the time specified by the City Engineer or within any extension thereof granted by the City.

.020 Whenever the City Engineer shall find that a default has occurred in the performance of any term or condition of any permit, written notice thereof shall be given to the principal and to the surety of the bond. Such notice shall state the work that shall be done to rectify the default, the estimated cost thereof and the period of time deemed by the City Engineer to be reasonably necessary for the completion of the work.

.030 After receipt of such notice of default the surety shall, within the time therein specified, either cause the required work to be performed or, failing therein, pay to the City the estimated cost of doing the work as set forth in the notice, plus an additional sum equal to ten percent of the estimated cost, but not to exceed the principal sum of the bond. Upon the receipt of such moneys the City Engineer shall proceed by such mode as he deems convenient to cause the required work to be performed, but no liability shall be incurred therein other than for the expenditure of the sum in hand therefor.

.040 If a cash bond has been posted, notice of default as provided by the preceding paragraph shall be given to the principal, and if compliance is not had within the time specified, the City Engineer shall proceed without delay and without further notice or proceedings whatsoever to use the cash deposited, or any portion of such deposit, to cause the required work to be done by contract or otherwise at the discretion of the City Engineer. The balance, if any, of such cash deposit shall, upon the completion of the work, be returned to the depositor, or to his successors or assigns, after deducting the cost of the work plus ten percent thereof.

.050 In the event of any default in the performance of any term or condition of the permit for the work, the surety or any person employed or engaged on its behalf, or the City Engineer or any person employed or engaged on his behalf, shall have the right to go upon the premises to complete the required work or make it safe.

.060 No person engaged in completing the work required to be performed under the permit or in complying with the terms or conditions thereof, shall interfere with or obstruct the ingress or egress to or from any such premises by any authorized representative or agent of any surety or of the City.

.070 The term of each bond posted shall begin upon the date of the posting thereof and shall end upon the completion to the satisfaction of the City Engineer of all the terms and conditions of the permit for the work. Such completion shall be evidenced by exoneration by the City Engineer upon request by the surety or principal. When a cash bond has been posted the cash shall be returned to the depositor or to his successors or assigns upon the exoneration of the bond except any portion thereof as may have been used as hereinabove provided. (Ord. 3411 § 2 (part); April 1, 1975.)

Before issuing the permit, the City Engineer shall require that the applicant for a permit, or his contractor, file a certificate satisfactory to the City Attorney showing that he is insured against claims for damages for personal injury as well as claims for property damage, including damage to the City by deposit or washing of material onto City streets, which may arise from or out of the performance of the work whether such performance be by himself, his subcontractor or any person directly or indirectly employed by him. (Ord. 3411 § 2 (part); April 1, 1975.)

No permit required by Section 17.06.040 of this chapter shall be transferable without the written permission of the City Engineer. (Ord. 3411 § 2 (part); April 1, 1975.)

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 ordinance or law relating to the work;

.030 The existence of any condition or the doing of any act endangering the lives or property of others.

Written notice shall be served upon the person to whom the permit was granted, or his agent or employee engaged in the work. Such notice shall contain a brief statement of the grounds for revoking such permit. Notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope by certified mail with postage prepaid, addressed to such person to be notified at the address appearing in his application. In the event any appeal is taken from the decision of the City Engineer in the manner prescribed by Section 17.06.281, all work shall be stopped while the appeal is pending. (Ord. 3411 § 2 (part); April 1, 1975.)

Every permit issued under the provisions of this chapter 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 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. If, in the opinion of the City Engineer, such an extension is necessary, he may be granted additional time for the completion of the work. (Ord. 3411 § 2 (part); April 1, 1975: Ord. 5009 § 6; April 11, 1989.)

.010 No person shall do any excavation blasting without a permit therefor from a Fire Marshal of the City of Anaheim. The application for such a permit shall be on forms prescribed by him.

.020 The application shall be accompanied by a fee of five dollars. If the Fire Marshal deems an inspection necessary at the blasting site, the fee for such inspection shall be seven dollars per hour. In the event that traffic control be required beyond that normally furnished, the permittee, or his agent, will be billed for the necessary police services at rates established for this service. In the event the Fire Marshal deems it necessary as a safety precaution to have fire equipment at the site, the charges for such equipment as may be necessary will be made against the permittee at the rates established for this service.

.030 Insofar as applicable, the provisions of this chapter relating to conditions in permits, procedure and like matters shall govern excavation blasting permits; but the Fire Marshal shall continue to enforce all applicable laws on blasting under his jurisdiction that are not in conflict with this chapter, and the Fire Marshal may make and keep on file in his office any rules which have been approved by the City Manager establishing conditions for excavation blasting permits. (Ord. 3411 § 2 (part); April 1, 1975.)

The provisions of this chapter are not intended to prohibit the use of any material or method of construction not specifically prescribed by this chapter, provided that the use of such alternate has been approved by the City Engineer, prior to such use.

The City Engineer may approve the use of any material or method of construction which will provide an end result in conformance with the requirements of this chapter, provided that sufficient evidence be presented to satisfy the City Engineer of the satisfactory end result to be attained through the use of such material or method of construction prior to his approval of their use. Such tests as may be required shall be performed at the expense of and furnished by the applicant upon request of the City Engineer. (Ord. 3411 § 2 (part); April 1, 1975.)

Any decision of the City Engineer made 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 final and conclusive. (Ord. 3411 § 2 (part); April 1, 1975: Ord. 4982 § 2; December 13, 1988: Ord. 5009 § 5; April 11, 1989: Ord. 5105 § 2; March 20, 1990: Ord. 5197 § 1; January 8, 1991.)

Conditional exceptions to the regulation contained in this chapter shall be permitted upon a finding by the City Engineer that exceptional or special circumstances apply to the property. Such exceptional or special circumstances shall include unusual size, shape or topography of the property, drainage problems, or the impracticability of employing a conforming grading plan, layout, or lot line positioning by reason of prior recorded subdivisions or characteristics of contiguous properties.

Application for the waiver of any requirement of this chapter shall be filed with the City Engineer and shall be accompanied by a filing fee in such amount as established by resolution of the City Council. The City Engineer shall hold a public hearing upon such application, notice of the time and place of such hearing shall be given by publication at least once in a newspaper of general circulation, circulated in the City of Anaheim, and mailing written notice thereof to all property owners shown on the latest equalized assessment roll as owning real property within three

hundred feet of the property which is the subject of the application at least ten days before the hearing. The decision of the City Engineer shall be final and conclusive. (Ord. 3411 § 2 (part); April 1, 1975; Ord. 4509 § 1; June 5, 1984: Ord. 5197 § 2; January 8, 1991.)

TABLE III

TABLE IV

PROCEDURES FOR DESIGNING LANDSCAPE SLOPES

1. Determine type and size of slope (43,560 sq. ft.) = 1 acre.

2. Use recommended plant list (Tables I, II, and III) to determine selection of plants and size.

3. Use sq. ft. figures on plant list to determine quantity of plants to be used in the design. EXAMPLE:

Type of slope: Show slope (40% trees, 50% shrubs, 100% ground cover) Trees (40%) - 17,424 sq. ft.

• 15 Alnus rhombifolia (300 sq. ft.) = 4,500 sq. ft.

• 10 Ceratonia siliqua (300 sq. ft.) = 3,000 sq. ft.

• 20 Eucalyptus species (75 sq. ft.) = 1,500 sq. ft.

• 10 Koelreuteria formosana (500 sq. ft.) = 5,000 sq. ft.

• 5 Pinus halepensis (700 sq. ft.) = 3,500 sq. ft.

60 trees Total 17,500 sq. ft. Shrubs (50%) — 21,780 sq. ft.

• 50 Callistemon jeffersii (15 sq. ft.) = 750 sq. ft.

• 40 Fremontia Californica (175 sq. ft.) = 3,000 sq. ft.

• 200 Hebe species (20 sq. ft.) = 4,000 sq. ft.

• 60 Melaieuca nesophilia (80 sq. ft.) = 4,800 sq. ft.

• 80 Nerium oleander (50 sq. ft.) = 4,500 sq. ft.

430 shrubs 21,050 sq. ft. Ground Cover (100%)

• 3,731 Osteospermum

fruticosum (12" o.c.) = 43,560 sq. ft.

TABLE NO. 17-A - SETBACKS