Brisbane Municipal Code Ch. 15.01 Grading

Footnotes:

--- (1) ---

Editor's note— Ord. No. 579, § 1, adopted June 2, 2022, repealed the former Ch. 15.01, §§ 15.01.010—15.01.410, and enacted a new Ch. 15.01 as set out herein. The former Ch. 15.01 pertained to similar subject matter and derived from Ord. 346 § 2(part), adopted in 1989; Ord. 385 § 1, adopted in 1993; Ord. 475 §§ 1—3, adopted in 2002; Ord. No. 554, § 50, adopted Jan. 18, 2011; and Ord. No. 556, § 1, adopted Feb. 22, 2011.

This chapter shall be known as the "City of Brisbane Grading Ordinance" and may be so cited.

(Ord. No. 579, § 1, 6-2-22)

A. The purpose of this chapter is to provide for grading operations; to safeguard life, limb, health, property and public welfare; and to preserve and enhance the natural environment, including, but not limited to, water quality, by regulating and controlling clearing and grading of property within the city.

B. This chapter is intended to achieve the following objectives:

(1) Grading plans shall be designed so that grading operations do not create or contribute to landslides, accelerated soil creep, settlement, subsidence, or hazards associated with strong ground motion and soil liquefaction.

(2) Grading plans shall contain reasonable provisions for the preservation of natural land and water features, vegetation, drainage, and other indigenous features of the site.

(3) Grading plans shall be designed to preserve and enhance the city's aesthetic character.

(4) Grading plans shall require compliance with all applicable laws, rules and regulations pertaining to air and water pollution, noise control, and preservation of archaeological remains.

(5) Grading operations shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time, consistent with an anticipated build-out schedule.

(Ord. No. 579, § 1, 6-2-22)

A. This chapter amends the regulations pertaining to grading as set forth in the California Building Standards Code, as adopted in Chapter 15.04 of this Code. In the event of any conflict or inconsistency between the provisions of this chapter and the provisions of Chapter 15.04 or any of the codes adopted by reference therein, the provisions of this chapter shall be controlling.

B. This chapter sets forth rules and regulations to control excavation, land disturbances, land fill, soil storage, and erosion and sedimentation resulting from such activities. This chapter provides that all excavation or landfilling activities or soil storage shall be undertaken in a manner designed to minimize surface runoff, erosion, and sedimentation and to avoid or mitigate damage caused by grading activities to areas having habitat value. This chapter also establishes procedures for the issuance, administration and enforcement of grading permits.

(Ord. No. 579, § 1, 6-2-22)

When used in this chapter, the following words shall have the meanings ascribed to them in this section:

(1) "Applicant" means any person, corporation, partnership, association of any type, public agency or any other legal entity that submits an application to the city engineer for a permit pursuant to this chapter.

(2) "As-graded" means the surface conditions extant on completion of grading.

(3) "BAAQMD CEQA" Guidelines means the recommended measures detailed in Table 8-1 of the Bay Area Air Quality Management District's "California Environmental Quality Act-Air Quality Guidelines, Updated May 2011," or any amendment, revision, or reissuance thereof and any additional measures, including those recommended in Table 8-2 of the reference, as determined necessary and appropriate by the city engineer.

(4) "Bedrock" means in-place solid rock.

(5) "Bench" means a relatively level step excavated into earth material. "Bench" also includes terraces.

(6) "Best management practices (BMPs)" means a technique or series of techniques which, when used in an erosion control plan, is proven to be effective in controlling construction-related runoff, erosion and sedimentation. Approved BMPs can be found in the California Stormwater Quality Association "Construction BMP Handbook/Portal," the State of California Department of Transportation March 2003 "Construction Site Best Management Practices (BMPs) Manual," the San Mateo Countywide Water Pollution Prevention Program Construction Best Management Practices" plan sheet, Erosion and Sediment Control Handbook, by Goldman, Jackson and Bursztynsky, and any amendment, revision or reissuance thereof.

(7) "Borrow" means earth material acquired from an off-site location for use in grading on a site.

(8) "City" means the City of Brisbane.

(9) "City engineer" means the Director of Public Works/City Engineer of the City of Brisbane and his/her duly authorized designees. The city engineer may delegate any of his or her duties under this chapter to his or her authorized agents or representatives.

(10) "City street" means any public or private street in the City of Brisbane.

(11) "Civil engineer" means a professional engineer registered in the State of California to practice in the field of civil engineering.

(12) "Civil engineering" means 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 humankind.

(13) "Clearing and grubbing" means the removal of trees, shrubs, bushes, windfalls and all other materials from above and below the natural ground surface. This activity removes vegetative ground cover, removes top soil, and removes/disturbs root mat. Except in those cases where specifically approved by a grading permit, "grubbing" for the removal of stumps and roots shall not exceed eighteen (18) inches below the original surface of the ground.

(14) "Community development director" means the Director of Planning of the City of Brisbane.

(15) "Compaction" means the densification of a fill by mechanical means.

(16) "Contour rounding" means the rounding of cut and fill slopes in the horizontal and/or vertical planes to blend with existing contours or to provide horizontal variation to eliminate the artificial appearance of slopes. (See Figure 1.)

(17) "Drainageway" means natural or manmade channel that collects and intermittently or continuously conveys stormwater runoff.

(18) "Dry season" means the period from April 15 th to October 15 th .

(19) "Earth material" means any rock, natural soil, fill or combination thereof.

(20) "Engineering geologist" means a geologist experienced and knowledgeable in engineering geology and qualified to practice engineering geology in the State of California.

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

(22) "Erosion" means the wearing away of the ground surface as a result of the movement of wind or water.

(23) "Excavation" means any act by which earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed, including the conditions resulting therefrom.

(24) "Fill/land fill" means any act by which earth, sand, gravel, rock or any other similar material is deposited, placed, pushed, pulled or transported to a place other than the place from which it was excavated, including the conditions resulting therefrom.

(25) "Final erosion and sediment control plan (final plan)" means a set of best management practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a particular site after all other planned final structures and permanent improvements have been erected or installed.

(26) "General plan" means the general plan adopted by the City of Brisbane and all amendments thereto.

(27) "Grade" means the vertical location of the ground surface.

(a) "Existing grade" means the grade prior to grading.

(b) "Rough grade" means the stage at which the grade approximately conforms to the approved plan.

(c) "Finish grade" means the final grade of the site which conforms to the approved plan.

(28) "Grading" means any land disturbance or excavation or fill or any combination thereof and shall include the conditions resulting from any land disturbance, excavation or fill. Grading shall include trenching on public or private property including within public streets.

(29) "Grading permit" means the formal approval required by this chapter for any grading, filling, excavating, storage or disposal of soil or earth materials or any other excavation or land filling activity. Application to the city engineer and the city engineer's approval is required under the process of this chapter.

(30) "HCP" means the San Bruno Mountain Area Habitat Conservation Plan, as approved and adopted by the U.S. Fish and Wildlife Service in 1983, including subsequent amendments and updates.

(31) "Interim erosion and sediment control plan (interim plan)" means a set of best management practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a particular site during the period in which construction-related excavations, fills and soil storage occur, and before the final plan is completed.

(32) "Key" means a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.

(33) "Permittee" means the applicant in whose name a valid permit is duly issued pursuant to this chapter and his/her agents, employees and others acting under his/her direction.

(34) "Plan operator" is the Habitat Conservation Plan Manager, presently the San Mateo County Department of Parks, and also means any successor agency.

(35) "Revegetation" means the replanting of disturbed natural ground surfaces on properties within the HCP and on properties that the community development director has determined requires mitigation to restore habitat value.

(36) "Sediment" means earth material deposited by water or wind.

(37) "Site" means a parcel or parcels of real property owned by one or more than one person that is being or is capable of being developed as a single project, including phased construction. Site also includes any public or private property or rights-of-way on which excavation, fill or land disturbance occurs.

(38) "Slope" means an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

(39) "Soil" means naturally occurring superficial deposits overlying bedrock.

(40) "Soils engineer" means a civil engineer experienced and knowledgeable in the practice of soils engineering. Soils engineer and geotechnical engineer are synonymous.

(41) "Soils engineering" means the application of the principles of soil mechanics in the investigation, evaluation and design of improvements involving the use of earth materials and the inspection and testing of the construction thereof. Soils engineering and geotechnical engineering are synonymous.

(42) "Structure" means anything built or constructed including pavement and pipelines.

(43) "Temporary erosion control" consists of, but is not limited to, constructing such facilities and taking such measures as are necessary to prevent, control, and abate water, mud and wind erosion damage to public and private property during grading operations.

(44) "Terrace" means a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. "Terrace" also includes benches.

(45) "Truck haul" means the movement over public streets of any excavated material.

(45) "Vertical slope rounding" means the rounding of the top and toes of cut and fill slopes.

(47) "Weeding" means the removal of noxious, dangerous, or invasive plants. This activity also includes the removal of vegetation which attains such a large growth as to become a fire menace when dry, and further includes the removal of dry grass, grass cuttings, tree trimmings, vines, stubble or other growth material which endangers the public by creating a fire hazard, including any such hazard determination made by the fire department pursuant to the city's weed abatement ordinance. Any activity that disturbs more than fifteen percent (15%) of the natural ground surface shall be classified as "clearing and grubbing."

(48) "Wet season" means the period from October 15 th to April 15 th .

(Ord. No. 579, § 1, 6-2-22)

A. If, at any stage of grading, the city engineer determines by inspection that conditions are such that further work as authorized by an existing grading permit is likely to endanger any property or public way, the city engineer may require, as a condition to allowing the work to be continued, that reasonable safety precautions be formulated by the permittee and submitted to the city engineer for his/her consideration and the grading permit be amended to avoid such danger. "Safety precautions" may include but shall not be limited to specifying a flatter exposed slope, construction of additional drainage facilities, berms, terracing, compaction, cribbing, or retaining walls, or planting of slopes.

B. The sole and primary responsibility for meeting the requirements of this section and of this chapter for any civil or criminal liability as a result of the performance of grading work pursuant to a grading permit shall be upon the permittee. Neither the city, the city engineer, or any employees or agents of the city shall be responsible for any liability for issuance of a grading permit or the conduct of any inspections thereunder.

(Ord. No. 579, § 1, 6-2-22)

A. In the event of the accidental discovery of prehistoric, historic, or unique archaeological resources, the permittee shall immediately cease work and follow the protocol established in the Guidelines for Implementation of the California Environmental Quality Act, as contained in California Code of Regulations, Title 14, Division 6, Chapter 3 ("CEQA Guidelines"), specifically, Section 15064.5(f) and any amendments thereto. This includes obtaining an evaluation from a qualified archaeologist to be forwarded to the community development director for review/approval, and will include a finding as to the categorization of the discovery, any recommended avoidance measures or appropriate mitigation, and a statement as to what portions of the site, if any, are cleared for resumption of work while the recommended mitigation is being performed. If the find is determined to be significant, contingency funding and a time allotment sufficient to allow for implementation of appropriate mitigation or avoidance measures shall be provided.

B. In the event of the accidental discovery or recognition of any human remains, the permittee shall immediately cease work and implement the protocol established in the CEQA Guidelines, specifically, Section 15064.5(e)(1) et. seq. and any amendment thereto.

(Ord. No. 579, § 1, 6-2-22)

Neither this chapter nor any administrative decision made under it:

A. Exempts the permittee from complying with other applicable laws or from procuring other required permits or complying with the requirements and conditions of such a permit; or

B. Limits the right of any person to maintain, at any time, any appropriate action, at law or in equity, for relief or damages against the permittee arising from the permitted activity; or

C. Exempts any person from complying with any applicable laws or allows any person to perform any grading without complying with such other applicable laws.

(Ord. No. 579, § 1, 6-2-22)

If any part of this chapter is found not valid, the remainder shall remain in effect.

(Ord. No. 579, § 1, 6-2-22)

Except as exempted under Section 15.01.140, it shall be unlawful for any person to clear and grub, grade, fill, excavate, store or dispose of soil and earth materials or perform any other excavation or land-filling activity without first obtaining a grading permit as set forth in this chapter. A separate grading permit shall be required for each site. With respect to subdivisions, a separate permit will be required for each phase of development. The grading permit issued for each site may also cover the utility construction associated with the site provided the required information for the utilities is included with the application. A building permit shall not be issued prior to the issuance of a grading permit, when required.

(Ord. No. 579, § 1, 6-2-22)

No owner of property within the boundaries of the HCP shall weed, clear and grub, grade, fill, excavate, store, or dispose of soil and earth materials or perform any other excavation or land filling activity without first obtaining permission from the plan operator. Permission for the listed activities is presently obtained through submittal of a site activity review application; no grading permit will be issued by the city for any property within the HCP until the property owner has first complied with the requirements of the plan operator.

(Ord. No. 579, § 1, 6-2-22)

A. Where a grading permit is required by the provisions of this chapter, it shall be issued by the city engineer following the city engineer's approval of the permit application. Before the city engineer issues a grading permit, the permit application shall also be reviewed by the planning commission where:

1. More than two hundred fifty (250) cubic yards of material are to be moved or planned to be moved in any single grading or excavation operation and the parcel or parcels of land on which the grading is to be performed is located within any zoning district as defined by the city's most current zoning map; or

2. More than fifty (50) cubic yards of material are to be moved or planned to be moved in any single grading or excavation operation and the parcel or parcels of land on which the grading or excavation is to be performed is located within any of the following zoning districts as defined by the city's most current Zoning Map—Brisbane Acres, Southwest Bayshore, Central Brisbane, Northeast Ridge, and Northwest Bayshore—or the quarry; or

3. Grading is to be performed on any parcel of land within the boundaries of the HCP; provided, however, review by the planning commission shall not be required if the only grading operation to be conducted is weeding, or clearing and grubbing, where such work is performed pursuant to an HCP site activity approval issued by the plan operator.

B. Where planning commission review of an application for a grading permit is required by subsection A of this Section 15.01.110, the review shall be based upon a consideration of the following potential impacts of the proposed grading:

1. Will the proposed grading be designed to reflect or fit comfortably with the site context and natural topography?

2. Will the proposed grading be designed to ensure that retaining walls visible to the public are designed to be as visually unobtrusive as possible by means including, but not limited to:

(i) Ensuring walls are architecturally integrated with proposed or existing structures on the site;

(ii) Ensuring wall faces are decorative and treated with color, texture, architectural features, trelliswork or other means to visually break up the wall expanses;

(iii) Screening with water conserving, non-invasive landscaping that at maturity will soften and reduce the visible expanse of walls?

3. Will the proposed grading be designed to minimize removal of:

(i) Existing street trees (see Section 12.12.020);

(ii) Any California Bay Laurel, Coast live Oak or California Buckeye trees;

(iii) Three (3) or more trees of any species on the same site having a circumference of at least thirty (30) inches measured twenty-four (24) inches above grade?

4. Where removal of existing trees is necessary, will the landscape plans for the project include the planting of appropriate replacement trees?

C. Where the planning commission's review of an application for a grading permit is required by subsection A of Section 15.01.110, the planning commission may request the city engineer to have the application peer reviewed by a professional engineer, as defined in Business and Profession Code Section 6701, and, as part of that review, take into consideration any comments or concerns the planning commission has made under subsection B of this Section 15.01.110. Following that review, the city engineer may approve, conditionally approve, or deny the grading permit application.

(Ord. No. 579, § 1, 6-2-22)

No grading permit for an excavation shall be issued if the excavation for which a grading permit is required shall allow for the operation of a quarry, where quarrying is otherwise prohibited by the provisions of the zoning ordinance of the city.

(Ord. No. 579, § 1, 6-2-22)

Activities regulated by this chapter, whether operative or nonoperative, which are located in territory hereafter annexed to the city shall not operate from and after thirty (30) days following annexation to the city, unless, in the case of operative activities, or before recommencement of operations in the case of inoperative activities, a grading permit shall have been granted as provided herein.

(Ord. No. 579, § 1, 6-2-22)

A grading permit shall not be required in the following instances:

A. Exploratory excavations and trenches under the direction of a soils engineer or engineering geologist, provided that these excavations and trenches comply with all of the following:

(1) All earth material removed from the trenches or excavations that is not completely removed from the project site must be stored in a manner that prevents erosion, sedimentation, off-site migration, and smothering of natural vegetative ground cover;

(2) All trenches and excavations are properly backfilled;

(3) All excavations and trenches are subject to the applicable sections of Title 8 of the State Safety Order, Division of Industrial Safety.

B. An excavation which does not exceed five (5) cubic yards on any one site and is less than two (2) feet in vertical depth and which does not create a cut slope steeper than two feet horizontal to one vertical (2:1). Such excavation, however, is not exempt from the requirements of Sections 15.01.340 and 15.01.350.

C. A fill less than one foot in depth placed on natural grade with a slope flatter than five (5) horizontal to one vertical (5:1), which does not exceed five (5) cubic yards on any one site and does not obstruct a drainageway. Such fill, however, is not exempt from the requirements of Section 15.01.340.

D. Grading in connection with dredging operations in San Francisco Bay for which approval for such grading has been granted by the city under other permits or agreements.

E. Grading in connection with the operation of salvage, garbage and disposal dumps for which approval for such grading has been granted by the city under other permits or agreements.

F. Emergencies posing an immediate danger to life or property, or substantial flood or fire hazards, or interruption of utility services to the public, in which case a permit shall be obtained as soon as possible.

G. Excavation by public utilities in connection with the placement of facilities, including repair and maintenance of local utility distribution and service utilities, if such excavation is authorized by a valid street encroachment permit.

(Ord. No. 579, § 1, 6-2-22)

The application for a grading permit shall be in writing and filed with the city engineer in duplicate and must include all of the following items, unless otherwise waived by the city engineer:

A. Application form;

B. Site map and grading plan;

C. Interim erosion and sediment control plan;

D. Final erosion and sediment control plan;

E. Revegetation plan;

F. Soils engineering report;

G. Engineering geology report;

H. Work schedule and transportation routes;

I. Security;

J. Fees;

K. Confirmation of the proposed recycling or reuse of all rocks, soils, tree remains, trees and other vegetative matter resulting from the grading operations, which shall be satisfied by providing a copy of the recycling and diversion of debris permit issued by the building department pursuant to Chapter 15.75 of this Code.

L. Any other material required by the city engineer.

(Ord. No. 579, § 1, 6-2-22)

The following information is required on the application form unless waived or modified by the city engineer:

A. Name, address and telephone number of the applicant;

B. Names, addresses and telephone numbers of any and all contractors, subcontractors or persons actually doing the excavating and land-filling activities and their respective tasks;

C. Name(s), address(es) and telephone number(s) of the person(s) responsible for the preparation of the site map and grading plan;

D. Names(s), address(es) and telephone number(s) of the person(s) responsible for the preparation of the interim and/or final erosion and sediment control plan, and the revegetation plan;

E. Name, address and telephone number of the soils engineer and/or the engineering geologist responsible for the preparation of the soils and engineering geology reports;

F. A vicinity map showing the location of the site in relationship to the surrounding area's watercourses, water bodies and other significant geographic features, and roads and other significant structures;

G. Date of the application;

H. Title report confirming ownership;

I. Signature(s) of the owner(s) of the site or of an authorized representative.

(Ord. No. 579, § 1, 6-2-22)

The site map and grading plan shall contain all the following information unless waived or modified by the city engineer:

A. Plan views and cross sections showing the existing and proposed topography of the site. The plan view shall show contours at an interval sufficiently detailed to define the topography over the entire site. The minimum contour interval shall be two (2) feet where ground slope is less than fifteen percent (15%) and five (5) feet where ground slope exceeds fifteen percent (15%);

B. Two (2) contour intervals off-site and extension of the on-site contours a minimum of one hundred (100) feet off-site, and sufficient to show on and off-site drainage;

C. An accurate plat plan drawn by a registered civil engineer or licensed land surveyor showing the site's exterior boundaries in true location with respect to the plan's topographic information, all easements, boundaries of the "Habitat Conservation Plan" area, special districts, and any other pertinent information;

D. Location and graphic representation of all existing and proposed natural and manmade drainage facilities;

E. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drain;

F. Location and graphic representation of proposed excavation and fills, of on-site storage of soil and other earthen material, and of on-site disposal of soil and other earthen material;

G. Location of existing vegetation types and the location and type of vegetation to be left undisturbed;

H. Location of proposed final surface runoff, and of erosion and sediment control measures;

I. Quantity of soil or earthen materials in cubic yards to be excavated, filled, stored or otherwise removed from or utilized on-site;

J. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within fifteen (15) feet of the property or which may be affected by the proposed grading operations;

K. Location and slope of proposed streets and driveways. Driveways shall not exceed a centerline slope of twenty percent (20%) and, unless specifically approved by the city engineer, streets shall not exceed a centerline slope of fifteen percent (15%).

(Ord. No. 579, § 1, 6-2-22)

A. An interim plan containing all of the following information shall be provided with respect to conditions existing on the site during excavation or filling activities or soil storage and before the final plan is completed; furthermore, the plan submitted shall demonstrate compliance with the requirements of the municipal regional permit, as defined in Section 13.06.040:

(1) The location and amount of runoff discharging from the site, calculated using a method approved by the city engineer;

(2) A delineation and brief description of the measures to be undertaken to control erosion caused by surface runoff and by wind and to retain sediment on the site including, but not limited to, the design and specifications for berms and sediment detention basins, types and method of applying mulches, the design and specifications for diverters, dikes and drains, seeding methods, the type, location and extent of pre-existing and undisturbed vegetation types, and a schedule for maintenance and upkeep.

B. The location of all the measures listed by the applicant under subsection A(2) above shall be depicted on the site map and grading plan, or on a separate plan, at the discretion of the city engineer.

C. An estimate of the cost of implementing and maintaining all interim erosion and sediment control measures shall be submitted in a form acceptable to the city engineer.

D. The applicant may propose the use of any erosion and sediment control techniques in the interim plan provided such techniques are proven to be as or more effective than the equivalent best management practices contained in the manual of standards.

(Ord. No. 579, § 1, 6-2-22)

A. A final plan containing all of the following information shall be provided with respect to conditions existing on the site after final structures and improvements (except those required under this section) have been completed; furthermore, the plan submitted shall demonstrate compliance with the requirements of the municipal regional permit, as defined in Section 13.06.040:

(1) The location and amount of runoff discharging from the site, calculated using a method approved by the city engineer;

(2) A description of and specifications for sediment retention devices;

(3) A description of and specifications for surface runoff and wind erosion control devices;

(4) A description of vegetative measures;

(5) A graphic representation of the location of all items in subsections B through D above, and items A through K in 15.01.170 above.

B. An estimate of the costs of implementing all final erosion and sediment control measures must be submitted in a form acceptable to the city engineer.

C. The applicant may propose the use of any erosion and sediment control techniques in the final plan provided such techniques are proven to be as or more effective than the equivalent best management practices contained in the manual of standards.

(Ord. No. 579, § 1, 6-2-22)

A revegetation plan is designed to effectively mitigate impacts to the site's habitat values by restoring or replacing native vegetation to the maximum extent practical and reasonable to achieve. Sites subject to revegetation requirements shall submit a plan to replant and maintain disturbed surfaces for review and approval by the city engineer and community development director in accordance with the following:

A. Topsoil removed from the surface shall be stored on or near the site and protected from soil loss while the work is underway. Such storage shall not cause damage to root systems of onsite trees intended to be preserved.

B. Mulching, seeding, planting of groundcover, shrubs or trees, or other suitable stabilization measures shall be used to protect exposed soil, to minimize soil loss, and to maximize slope stability. Use of drought tolerant native plant species that are fire resistant is encouraged. Use of plant species identified as invasive in the most current HCP Vegetation Management Activities Report is prohibited, whether or not the project site is within the boundaries of the HCP.

C. The city engineer may require the permittee to monitor revegetation for a period up to five (5) years, to provide reports of such monitoring to the city planning department, to allow for third-party assessment of the success of the revegetation at the applicant's expense, and to provide security to correct, complete, or remediate the approved revegetation plan. The city engineer and the community development director shall each retain discretion as to whether the approved revegetation plan has been successfully implemented.

D. Onsite mitigation is preferred. In the event that the community development director determines that adequate mitigation can not be reasonably achieved onsite, the city may approve an offsite revegetation plan to achieve the goals of restoring habitat value. Such offsite mitigation shall comply with the provisions of this chapter that govern onsite mitigation.

E. For sites located within the HCP, the city may impose restoration/revegetation requirements in addition to those required by the plan operator, so long as a reasonable rationale is provided for the additional requirements. A decision to require more stringent measures may be based upon the biological features of the site, for example, if the site is an existing or potential wildlife corridor or part of a buffer zone between developed areas and existing habitat, or if the site has particular geological features, such as potential for erosion or susceptibility to seismic hazards.

(Ord. No. 579, § 1, 6-2-22)

A. A soils report, when required by the city engineer, is to be prepared by an approved soils engineer and shall be based on adequate and necessary test borings, and shall contain all the following information, in addition to the minimum applicable requirements of the latest edition of the California Building Code adopted by the city:

(1) Data regarding the nature, distribution, strength, and erodibility of existing soils;

(2) Data regarding the nature, distribution, strength and erodibility of soil to be placed on the site, if any;

(3) Conclusions and recommendations for grading procedures;

(4) Conclusions and recommended designs for soil stabilization for interim conditions and after construction is completed;

(5) Design criteria for corrective measures when necessary;

(6) Foundation and pavement design criteria when necessary;

(7) Opinions and recommendations covering suitability of the site for the proposed uses;

(8) Other recommendations, as necessary, commensurate with the project grading and development.

B. Recommendations included in the report and approved by the city engineer shall be incorporated in the grading plan.

C. Whenever a soils engineering report is required, the final submitted grading plans shall include a review letter from the soils engineer confirming that his/her recommendations have been incorporated into the plans.

(Ord. No. 579, § 1, 6-2-22)

A. An engineering geology report, when required by the city engineer, is to be prepared by a qualified engineering geologist and shall be based on adequate and necessary test borings and shall contain the following information, in addition to the minimum applicable requirements of the latest edition of the California Building Code adopted by the city:

(1) An adequate description of the geology of the site, including identification of actual and potential geologic hazards;

(2) Conclusions and recommendations regarding the effect of geologic conditions on the proposed development;

(3) Recommendations for mitigation of identified hazards wherever appropriate;

(4) An opinion as to the extent that instability on adjacent properties may adversely affect the project;

(5) Opinions and recommendations covering suitability of the site for the proposed uses;

(6) Other recommendations, as necessary, commensurate with the project grading and development.

B. Recommendations included in the report and approved by the city engineer shall be incorporated in the grading plan.

C. Whenever an engineering geology report is required, the final submitted grading plans shall include a review letter from the engineering geologist confirming that his/her recommendations have been incorporated into the plans.

(Ord. No. 579, § 1, 6-2-22)

A. The applicant shall submit a master work schedule showing the following information:

(1) Proposed grading schedule;

(2) Proposed conditions of the site on each July 15 th , August 15 th , September 15 th , October 1 st , and October 15 th during which the permit is in effect;

(3) Proposed schedule for installation of all interim erosion and sediment control measures including, but not limited to, the stage of completion of erosion and sediment control devices and vegetative measures on each of the dates set forth in subsection A(2);

(4) Schedule for construction of the proposed improvements on the site;

(5) Schedule for installation of permanent erosion and sediment control devices where required.

B. The applicant shall also submit a description of the routes of travel to be used for access to and from the site for removing excavated material and bringing in fill or other materials.

(Ord. No. 579, § 1, 6-2-22)

A. The applicant shall provide a performance bond or other acceptable security for the performance of the work described and delineated on the approved grading plan and the approved revegetation plan prior to the issuance of the grading permit, in an amount to be set by the city engineer but not less than one hundred percent (100%) of the approved estimated cost of performing said work. The form of security shall be one or a combination of the following to be determined and approved by the city engineer:

(1) Bond or bonds issued by one or more duly authorized corporate sureties. The form of the bond or bonds shall be subject to the approval of the city attorney;

(2) Deposit, either with the city or a responsible escrow agent or trust company at the option of the city, of money, negotiable bonds of the kind approved for securing deposits of public moneys, or an unconditional irrevocable letter of credit other instrument of credit from one or more financial institutions subject to regulation by the state or federal government wherein said financial institution pledges funds are on deposit and guaranteed for payment;

(3) Cash in U.S. currency.

B. The applicant shall provide security for the performance of the work described and delineated in the interim plan in an amount to be determined by the city engineer, but not less than one hundred percent (100%) of the approved estimated cost of performing said work. The form of the security shall be as set forth in subsection A of this section.

C. The applicant shall provide security for the performance of the work described and delineated in the final plan in an amount to be determined by the city engineer but not less than one hundred percent (100%) of the approved estimated cost of performing said work. The form of the security shall be as set forth in subsection A of this section.

D. The applicant shall provide a cash deposit in an amount established by resolution of the city council to insure the repair of damage to public property or cleaning of public streets. In the event of failure by the applicant, after written notification if time permits, to maintain public property or right-of-way in a manner satisfactory to the city engineer, the city engineer may order repairs made or cleaning performed and deduct the cost from the deposit. Any unused balance shall be returned to the applicant upon completion of the grading.

(Ord. No. 579, § 1, 6-2-22)

A. Before accepting a grading permit application and plans for checking, the city engineer shall collect all applicable plan checking fees as established by resolution of the city council and as provided in this chapter.

B. Unless exempted under Section 15.01.260 of this chapter, a fee for each grading permit shall be paid to the city prior to issuance of a grading permit, in such amount as established from time to time by resolution of the city council.

C. Failure to pay fees and obtain a permit before commencing work shall be deemed a violation of this chapter, except when it can be proven to the city engineer's satisfaction that an emergency existed that made it impractical to first obtain the permit. A violation shall result in an assessment of double permit fees for work done prior to permit issuance. Payment of a double fee shall not relieve any person from complying with the requirements of this chapter nor from any other penalties prescribed herein.

D. Additional fees approved by resolution of the city council and contained in this chapter shall be paid as required.

E. If after written notification (if time allows) the city engineer performs emergency work on private property, he shall charge the property owner all direct and indirect costs which are necessary to complete the work to his satisfaction. In addition, the city engineer may charge a mobilization cost equal to ten percent (10%) of the cost for performing the work. Fees or deposits required for special purposes, e.g., cleanup, dust control, etc., collected but not expended for the purpose for which they are collected, will be refunded.

(Ord. No. 579, § 1, 6-2-22)

A. A fee for a grading permit shall not be required in the following instances: grading for the foundation, basement, and other features (e.g., walkways, patios, terracing) of a building or structure for which a building permit has been issued, provided that all grading, drainage, retaining wall, and ground cover work will be started and completed within a single dry season. A soils report and other information relating to such grading, and a performance bond or other acceptable security for the performance of the work, and a cash deposit to ensure the repair of damage to public property or cleaning of public streets, may be required in connection with the issuance of the grading permit. The amount and form of such security and cash deposit shall be as set forth in Section 15.01.240.

B. Notwithstanding the provisions of paragraph A above, a grading permit fee will be required where the grading to be performed, other than that solely for the building and its foundation and driveway, is such as to require grading permit approval by the planning commission under Section 15.01.110.

(Ord. No. 579, § 1, 6-2-22)

A. No grading permit shall be issued by the city engineer unless the applicant provides sufficient information for the city engineer to find that the work, as proposed by the applicant, is likely not to endanger any person, property, public resource, or public way or detrimentally affect water quality. Factors to be considered by the city engineer in making his finding shall include, but shall not be limited to, the soils engineering report, the engineering geology report, possible saturation by rains, earth movements, run-off of surface waters, and subsurface conditions such as the stratification and faulting of rock, and the nature and type of soil or rock.

B. Applications shall be reviewed by the city engineer in the order that they are received.

(Ord. No. 579, § 1, 6-2-22)

Permits issued under this chapter shall be valid for the period during which the proposed excavation or filling activities and soil storage take place or are scheduled to take place per Section 15.01.230. Permittee shall commence permitted activities within sixty (60) days of the scheduled commencement date for grading or the permittee shall resubmit all required application forms, fees, maps, plans, schedules and security to the city engineer, except where an item to be resubmitted is waived by the city engineer.

(Ord. No. 579, § 1, 6-2-22)

Any person may appeal to the local grading permit appeals board the issuance, denial, or conditions of a grading permit, the suspension after a hearing by the city engineer, or the revocation of a grading permit, or the failure to suspend or revoke a grading permit. Any such appeal shall be in writing and shall be filed with the city engineer within fifteen (15) days after the action complained of. The appeal shall be accompanied by a fee, as set forth by the city council, and shall clearly state the reason for appeal. Members of the appeals board shall not be employees of the city and shall be professional engineers as defined in Business and Professions Code, Section 6701. Upon receipt of such an appeal, the city engineer shall bring the appeal before the local grading permit appeals board within thirty (30) days and shall notify the appellant and (if different) the applicant of the date and time of the meeting at which the appeal will be heard. No other notice need be given, except such additional notice as may be required by state or other law. The local grading permit appeals board shall proceed to hear and determine the appeal at the same meeting or at such later meeting as it shall determine, and in connection therewith may continue the same from time to time. The action of the local grading permit appeals board shall be final, subject to timely judicial review.

(Ord. No. 579, § 1, 6-2-22)

If the city engineer finds the soil or other conditions to be different from those stated in the application for a grading permit, he or she may immediately suspend the grading permit, and permittee shall cease all work on the work site, excepting work to make the site safe, until approval is obtained from the city engineer for revised plans which conform to the existing conditions.

(Ord. No. 579, § 1, 6-2-22)

If the operation of any activity regulated by this chapter is voluntarily ceased for a continuous period of more than ninety (90) days (which period is not stated in the approved work schedule per Section 15.01.230) then the grading permit shall be null and void and the operation of said activity shall not be recommenced until a new grading permit is obtained as provided herein.

(Ord. No. 579, § 1, 6-2-22)

A permit issued pursuant to this chapter may be assigned, provided all of the following conditions are satisfied:

A. The permittee notifies the city engineer of the proposed assignment;

B. The proposed assignee:

(1) Submits an application form pursuant to Section 15.01.160; and

(2) Agrees in writing to all the conditions and duties imposed by the permit; and

(3) Agrees in writing to assume responsibility for all work performed prior to the assignment; and

(4) Provides security pursuant to Section 15.01.240; and

(5) Agrees to pay all applicable fees.

C. The city engineer approves the assignment. The city engineer may disapprove an assignment for cause and shall not unreasonably withhold approval.

(Ord. No. 579, § 1, 6-2-22)

Where an applicant does not plan to construct permanent improvements on the site, or plans to leave portions of the site graded but unimproved, applicant must meet all the requirements of this chapter.

(Ord. No. 579, § 1, 6-2-22)

No person shall construct pavement surfacing on natural or existing grade for the purpose of a private road, parking lot or travelway without a valid grading permit, unless waived by the city engineer. Resurfacing or maintenance of existing paved surfaces shall be exempt from this requirement.

(Ord. No. 579, § 1, 6-2-22)

No person shall alter an existing watercourse, channel, or revetment by excavating, or placing fill, rock protection or structural improvements without a valid grading permit, unless waived by the city engineer, or unless the work is performed as interim protection under an emergency situation (Section 15.01.140.F).

(Ord. No. 579, § 1, 6-2-22)

No person shall possess, store, sell, transport or use explosives and/or blasting agents in violation of any existing laws or ordinances or do any excavation by explosives or blasting without a grading permit and without a separate blasting permit issued by the city fire department.

(Ord. No. 579, § 1, 6-2-22)

A truck haul permit shall be obtained from the city engineer for the movement over a city street of any excavated or fill material to or from any property in the city or to or from any property outside the city which has direct access to a city street. This requirement shall not be applicable, however, to any quarrying operations nor to any transportation of materials not exceeding fifty (50) cubic yards from any one site. Before issuing a truck haul permit for moving excavated material over a city street, the city engineer shall collect a fee as approved by resolution of the city council.

(Ord. No. 579, § 1, 6-2-22)

The city engineer may issue a grading permit upon receipt and approval of the items listed in Section 15.01.150. Permits shall be issued subject to the following conditions:

A. The permittee shall maintain a copy of the permit and all approved plans and reports required under Sections 15.01.150 and 15.01.400.B, on the work site, and the permit, plans and reports shall be available for public inspection during all working hours;

B. The permittee shall, at all times, conduct operations in conformity with approved site map, grading plan, and other required plans and reports.

C. The permittee shall comply with other conditions imposed by the city engineer as are reasonably necessary to prevent the proposed operations from being conducted in such a manner as to constitute or create a nuisance or a hazard to life, property, or the environment. Such conditions may include, but are not limited to:

(1) The route and time of travel over public streets so as to cause the least interference with general traffic and to cause the least damage to public streets;

(2) The removal of rock, earth or other material that may be deposited on public streets by reason of said grading operations;

(3) The payment to city of the cost of repairing damage to public streets caused by trucking operations in connection with said grading operations;

(4) The installation of suitable fencing, barricades, signage, and lighting surrounding the grading operations.

D. The permittee shall implement temporary erosion control as necessary to protect public and private property, and as required in Section 15.01.180. Temporary erosion control shall be continuous throughout the work.

E. Permittee shall be knowledgeable of the conditions and/or restrictions of the grading permit as outlined in applicable sections of this chapter, and as contained on the approved site map, grading plan, and other required plans and reports.

(Ord. No. 579, § 1, 6-2-22)

A. The time and noise limitations on all grading operations shall be those set forth for construction activities in Chapter 8.28, Noise Control, of this Code.

B. No grading work shall be performed during hours other than the normal working hours of the city public works department's inspection and maintenance personnel without approval of the city engineer and without first obtaining a special permit for such work from the city engineer. Before issuing a special permit for such work, the city engineer shall collect a fee as approved by resolution of the city council. Permitted hours of operation may be shortened by the city engineer's finding of a previously unforeseen effect on the health, safety or welfare of the surrounding community.

(Ord. No. 579, § 1, 6-2-22)

In addition to performing as required under Section 15.01.380:

A. The permittee shall request an inspection of the site by the city engineer at each of the stages of the grading operation listed below. The city engineer shall approve the work inspected or notify, in writing, the permittee or owner wherein it fails to comply with the approved grading plans or any other applicable requirement. Any portion of the work that does not comply with the grading plans or other applicable requirement shall be corrected. The stages of work at which inspections shall be requested are:

(1) Initial: when the permittee is ready to begin grading work;

(2) Rough grading: when all rough grading has been completed;

(3) Interim erosion control: the installation of all interim erosion control devices and the completion of planting revegetation requirements;

(4) Final: readiness of the site for final inspection, including, but not limited to, finished grading, installation of drainage devices and final erosion control measures.

B. Permittee shall submit status reports to the city engineer with revised work schedules required by Section 15.01.230, or other reports as required by city engineer, for the city engineer's approval if:

(1) There are delays in obtaining materials, machinery, services, or manpower necessary to the implementation of the grading, interim, or final plans as scheduled;

(2) There are any delays in excavation, land-disturbing, filling activities, or soil storage;

(3) The work is not being done in conformance with any approved grading plans;

(4) There are any delays in the implementation of the interim or final plans.

C. Permittee shall submit recommendations for corrective measures, if necessary and appropriate, with the reports made under subsection B of this section, unless the city engineer waives the requirement.

(Ord. No. 579, § 1, 6-2-22)

A. The permittee shall submit all reports as may be required in this section and in Sections 15.01.380 and 15.01.400 to the City Engineer for review. The city engineer may require permittee to modify the site map and grading plan, interim or final plans, and maintenance methods and schedules. The city engineer shall notify the permittee in writing of the requirement to modify and may specify a specific period of time within which permittee must comply. All modifications are subject to the city engineer's approval.

B. The city engineer may inspect the site:

(1) Upon receipt of any report by permittee under provisions of Section 15.01.400.B;

(2) To verify completion of modifications required under subsection A of this section;

(3) During and following any rainfall;

(4) At any other time, at the city engineer's discretion.

C. Upon completion of the rough grading work and at the final completion of the work, the city engineer may require the following reports and drawings and supplements thereto:

(1) An as-graded grading plan prepared by the civil engineer who prepared the approved grading plan, including original ground surface elevations, as-graded ground surface elevations, lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities. The civil engineer shall provide a statement that the work was done in general conformance with the final approved grading plan;

(2) A soil grading report prepared by the soils 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. The soils engineer shall provide a statement as to compliance of the work with his/her recommendations and as to the adequacy of the site for the intended use;

(3) An engineering geology report prepared by the geologist containing a final description of the geology of the site including any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. The geologist shall provide a statement as to compliance of the work with his/her recommendations and as to the adequacy of the site for the intended use as affected by geologic factors.

D. No person shall in any way hinder or prevent the city engineer or any of his/her authorized representatives from entering and inspecting any property on which grading has been or is being done.

(Ord. No. 579, § 1, 6-2-22)

A. All grading operations for which a permit is required shall be subject to inspection by the city engineer. When required by the city engineer, special inspection of grading operations and special testing shall be performed according to the provisions of subsection B of this section.

B. In addition to complying with all requirements of the California Building Code, as amended by this chapter, "regular grading" and "engineered grading" applicants/permittees shall be subject to and comply with the following:

(1) Engineered and Regular Grading Designation. Grading in excess of one thousand (1,000) cubic yards and/or ten (10) feet vertical depth of cut and/or fill shall be performed according to approved grading plan prepared by a civil engineer, and shall be designated as "engineered grading." Grading involving less than one thousand (1,000) cubic yards and/or less than ten (10) feet vertical depth of cut and/or fill shall be designated "regular grading" unless the applicant/permittee, with the city engineer's approval, or the city engineer, independently, chooses to have the grading performed as "engineered grading."

(2) Engineered Grading Requirements. For engineered grading, it shall be the responsibility of the civil engineer who prepares the approved grading plan to incorporate all recommendations from the soil engineering and engineering geology reports into the grading plan. He/she shall also be responsible for the professional inspection and approval of the grading within his area of technical specialty. This responsibility shall include, but need not be limited to, inspection and approval as to the establishment of line, grade, and drainage of the development area. The civil engineer shall act as the coordinating agent if 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 and the submission of as-graded grading plans and compliance statements upon completion of the work.

(3) Soils Engineering and Engineering Geology Requirements. Soils engineering and engineering geology reports shall be required at the discretion of the city engineer. During grading, all necessary reports, compaction data, soils engineering and engineering geology recommendations shall be submitted to the owner, the geologist, the civil engineer, and the city engineer by the soils engineer and the engineering geologist. Areas of responsibility shall be as follows:

(a) The soils engineer's area of responsibility shall include, but need not be limited to, the professional inspection and approval 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, incorporating data supplied by the engineering geologist.

(b) The engineering geologist's area of responsibility shall include, but need not be limited to, professional inspection and approval of the adequacy of natural ground for receiving fills and the stability of cut slopes with respect to geological matters and the need for subdrains or other groundwater drainage devices. He/she shall report the findings to the owner, the soils engineer, the city engineer and the civil engineer.

(c) The city engineer shall inspect the project as required under Section 15.01.410 and at any more frequent interval necessary to determine that the professional consultants are exercising adequate control.

(4) Regular Grading Requirements. The city engineer may require the permittee to provide inspection and testing by a professional testing company acceptable to the city engineer. The testing agency's responsibility shall include, but need not be limited to, approval concerning the inspection of cleared areas and benches to receive fill, and the compaction of fills. When the city engineer has reasonable cause to believe that geologic factors may be involved, the grading operation will be required to conform to "engineered grading" requirements.

(5) Notification of Noncompliance. If, in the course of fulfilling their responsibility under this section, the civil engineer, the soils engineer, the engineering geologist, or the testing agency finds that the work is not being done in conformance with this section 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 (see Section 15.01.400). Recommendations for corrective action measures, if necessary, shall be submitted.

(6) Transfer of Responsibility for Approval. If the civil engineer, the soils engineer, the engineering geologist, or the testing agency of record is changed during the course of the work, the work shall be stopped until the replacement has agreed to accept the responsibility within the area of their technical competence for approval upon completion of the work.

(Ord. No. 579, § 1, 6-2-22)

A. Final Reports. Upon the completion of the rough grading work and at the final completion of the work, the city engineer may require the following reports and drawings and supplements thereto:

(1) An as-graded grading plan prepared by the civil engineer who prepared the approved grading plan, including original ground surface elevations, as-graded ground surface elevations, lot drainage patterns and locations and elevations of all surface drainage facilities. The civil engineer shall state that to the best of his/her knowledge the work was done according to the final approved grading plan;

(2) A soil grading report prepared by the soils 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 soils engineering investigation report. The civil engineer shall render a finding as to the adequacy of the site for the intended use as affected by geologic factors;

(3) A geologic grading report prepared by the engineering geologist, including a final description of the geology of the site and any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. The engineering geologist shall render a finding as to the adequacy of the site for the intended use as affected by geologic factors.

B. Notification of Completion. The permittee or his/her 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 drainage facilities and their protective devices and all erosion control measures have been completed according to the final approved grading plan and the required reports have been submitted.

(Ord. No. 579, § 1, 6-2-22)

A. All debris from clearing and grubbing shall be removed from the site within three (3) months from the completion of that activity.

B. During the dry season, the natural vegetative ground cover of any watershed shall not be destroyed or removed more than thirty (30) days prior to grading. During the wet season, such ground cover shall not be destroyed or removed more than five (5) days prior to such grading. The city engineer may grant an extension of time when justified by the circumstances.

(Ord. No. 579, § 1, 6-2-22)

A. Commencement or continuation of any grading during the wet season is prohibited unless the city engineer grants permission as provided in this section.

B. The city engineer may, at his or her discretion, grant permission to commence or continue grading during the wet season, on the basis of the information submitted by the applicant or permittee, weather forecasts, experience or any other factors which he or she may consider pertinent, so long as such grading will not cause a hazardous condition, erosion, or sedimentation to occur or continue.

C. For continuance of wet season grading activities other than installation, maintenance or repair of measures in the interim or final erosion control plan, applicant/permittee shall submit evidence to the city engineer, as often as the city engineer requires, demonstrating that erosion and sedimentation are being effectively controlled.

D. Applicant/permittee's failure to submit the required information to obtain permission for wet season grading activity shall result in suspension or revocation of the grading permit, action against the security, filing a lien on the property to recover city's costs, and/or prosecution as provided in Sections 15.01.550 through 15.01.580 of this chapter.

(Ord. No. 579, § 1, 6-2-22)

A. General. Unless otherwise recommended in the approved soil engineering and/or engineering geology report, and specifically waived by the city engineer, cuts shall conform to the provisions of this section and in accordance with Figures 1 and Figure 2 of this chapter.

B. Cut slopes. Cut slopes shall be no steeper than two to one (2:1 - two (2) horizontal to one vertical) unless otherwise justified in the soil engineering or engineering geology report. Justification shall consist of a geotechnical slope stability analysis acceptable to the city engineer, with factors of safety in proportion to the affected structures and type of loading (e.g. earthquake). The factors of safety to be analyzed shall be those determined at the discretion of the city engineer.

C. Slope adjustments. The city engineer may require that the excavation be made with cut face flatter in slope than two (2) horizontal and one vertical if he/she finds the material in which the excavation is to be made is unusually subject to erosion, or if other conditions make such flatter slope necessary for stability and safety.

D. Drainage and Terracing. Drainage and terracing shall be provided as required by Section 15.01.490.

(Ord. No. 579, § 1, 6-2-22)

A. General. Unless otherwise recommended in the approved soil engineering report and/or engineering geology report, and specifically waived by the city engineer, fills shall conform to the provisions of this section and Figure 1 and Figure 2 of this chapter. In the absence of an approved soils engineering report, these provisions may be waived for minor fills not intended to support structures.

B. Fill Location. Fill slopes shall not be constructed on natural slopes steeper than two to one (2:1), or where the fill slope terminates above a planned or existing cut slope, within a horizontal distance equal to one-third (⅓) of the vertical height of the fill, unless specifically addressed in the soils engineering report or the engineering geology report and approved by the city engineer.

C. Preparation of Ground. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, top-soil and other unsuitable materials scarifying to provide a bond with the new fill and, where slopes are steeper than five to one (5:1), and the height is greater than five (5) feet, by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than five to one (5:1) shall be at least ten (10) feet wide. The area beyond the toe of fill shall be sloped for sheet overflow, or a paved drain shall be provided. Where fill is to be placed over a cut, the bench under the toe of fill shall be at least ten (10) feet wide, but the cut must be made before placing fill and shall be approved by the soils engineer and engineering geologist as suitable foundation for fill. Unsuitable soil is soil that, in the opinion of the building official or the civil engineer or the soils engineer or the geologist, is not competent to support other soil or fill, to support structures or to satisfactorily perform the other functions for which the soil is intended.

D. Fill Material. Detrimental amounts of organic material shall not be permitted in fills. Except as permitted by the city engineer, no rock or similar irreducible material with a maximum dimension greater than eight (8) inches shall be buried or placed in fills.

Exception: the city engineer may permit placement of larger rock when the soils engineer properly devises a method of placement, continuously inspects its placement, and approves the fill stability. The following conditions shall also apply:

(1) Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan.

(2) Rock sizes greater than eight (8) inches in maximum dimension shall be ten (10) feet or more below grade, measured vertically.

(3) Rocks shall be placed so as to assure filling of all voids with fines.

E. Compaction. All fills shall be compacted to a minimum of ninety percent (90%) of maximum density as determined by Appendix J of the 2010 California Building Standards Code or equivalent, as approved by the city engineer. Field density shall be determined according to Appendix J of the 2010 California Building Standards Code or equivalent, as approved by the city engineer.

In addition to the inspections of fills, the city engineer may require a statement from an approved soils engineer based on tests of the fill at selected stages. If favorable conditions exist, the city engineer may, by prior approval, waive requirements for inspection of or soils tests by an approved soils engineer. The requirements of the city engineer for the compaction of fills may include but shall not be limited to the following:

(1) Preparation of the natural ground surface by removing top soil and vegetation and by compacting the fill upon a series of terraces;

(2) Control of moisture content of the material used for the fill;

(3) Limitation of the use of various kinds of materials;

(4) Maximum thickness of the layers of the fill to be compacted;

(5) Method of compaction;

(6) Density requirements of the completed fill depending upon the location and use of the fill;

(7) Compaction tests required during the process of filling.

F. Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than two (2) horizontal to one vertical (2:1).

The city engineer may require that the fill be made with a slope face flatter in slope than two to one (2:1) if he or she finds the material of which the fill is to be made is unusually subject to erosion, or if other conditions make such flatter slope necessary for stability and safety.

G. Drainage and Terracing. Drainage and terracing shall be provided and the area above fill slopes and the surfaces of terraces shall be graded and paved as required by Section 15.01.490.

(Ord. No. 579, § 1, 6-2-22)

A. General. The setbacks and other restrictions specified by this section are minimum and may be increased by the city engineer or by the recommendations of a civil engineer, soils engineer, or engineering geologist, if necessary for safety and stability or to prevent damage of adjacent properties from deposition or erosion or to provide access for slope maintenance and drainage. Retaining walls may be used to reduce the required setbacks when approved by the city engineer.

B. Setbacks from Property Lines. The tops of cuts and toes of fill slopes shall be set back from the outer boundaries of the permit area, including slope-right areas and easements, in accordance with Figure 2 of this chapter. The tops and toes of cut and fill slopes shall be set back from property lines and structures as far as necessary to provide for safety of adjacent property, safety of pedestrians and vehicular traffic, required slope rounding, adequate foundation support, required swales, berms, and drainage facilities, and applicable zoning requirements. Except for pier-type foundations or other special foundation design, setbacks shall not be less than as shown on Figure 2 of this chapter.

(Ord. No. 579, § 1, 6-2-22)

A. General. Unless otherwise indicated on the approved grading plan, drainage facilities and terracing shall conform to the provisions of this section.

B. Terrace. Terraces at least six (6) feet in width shall be established at not more than thirty (30) feet vertical intervals on all cut or fill slopes to control surface drainage and debris, except that where only one terrace is required, it shall be at mid-height. For cut or fill slopes greater than sixty (60) feet and up to one hundred twenty (120) feet in vertical height, one terrace at approximately mid-height shall be twelve (12) feet in width. Terrace width and spacing for cut and fill slopes greater than one hundred twenty (120) feet in height shall be designed by the civil engineer who prepares the approved grading plan and approved by the city engineer. Suitable access shall be provided to permit proper cleaning and maintenance. Swales and ditches shall comply with the following requirements:

(1) Swales or ditches on terraces shall have a minimum gradient along and towards the ditch of five percent (5%) unless approved by the city engineer and must be paved with reinforced concrete not less than three (3) inches in thickness or an approved equal paving. They shall have a minimum depth at the deepest point of one foot and a minimum, paved width of three (3) feet or as required by the city engineer.

(2) A single run of swale or ditch shall not exceed a length of one hundred fifty (150) feet or collect runoff from a tributary area exceeding thirteen thousand five hundred (13,500) square feet (projected) without discharging into a down drain, unless approved by the city engineer.

C. Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability.

D. Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainage way approved by the city engineer and/or other appropriate jurisdiction as a safe place to deposit such waters. Erosion of ground in the area of discharge shall be prevented by installation of nonerosive down drains or other devices.

Building pads shall have a drainage gradient of two percent (2%) toward approved drainage facilities, unless waived by the city engineer.

Exception: the gradient from the building pad may be one percent (1%) if all the following conditions exist throughout the permit area:

(1) No proposed fills are greater than ten (10) feet in maximum depth;

(2) No proposed finish cut or fill slope faces have a vertical height in excess of ten (10) feet;

(3) No existing slope faces, which have a slope face steeper than ten (10) horizontally to one vertically, have a vertical height in excess of ten (10) feet;

(4) A two percent (2%) gradient is provided for the first five (5) feet adjacent to the structure.

E. Interceptor Drains. Adequate provision shall be made to prevent any surface waters from damaging the cut face of an excavation or the sloping surface of a fill. At the discretion of the city engineer, paved interceptor drains shall be installed along the top of all cut slopes where the tributary drainage area above slopes towards the cut and has a drainage path greater than forty (40) feet measured horizontally. Interceptor drains shall be paved with a minimum of three (3) inches of concrete or gunite and reinforced. They shall have a minimum depth of twelve (12) inches and minimum paved width of thirty (30) inches measured horizontally across the drain or as required by the city engineer. The slope of drain shall be subject to the city engineer's approval.

(Ord. No. 579, § 1, 6-2-22)

On project sites where earth materials are moved on public roadways from or to the site, the following requirements shall apply:

A. Dust control shall be implemented as specified in Section 15.01.510 below. The permittee shall be responsible for maintaining public rights-of-way used for hauling purposes in a condition free of dust, earth, or debris attributable to the grading operation.

B. Loading and hauling of earth from or to the site must be accomplished within the limitations established in Section 15.01.390 of this chapter.

C. Access roads to the premises shall be only at points designated on the approved grading plan. Access roads shall include stabilized construction entrances and/or other BMPs as required by the city engineer.

D. The last fifty (50) feet of the access road, as it approaches the intersection with the public roadway, shall have a grade not to exceed three percent (3%). There shall be a clear, unobstructed sight distance of three hundred (300) feet to the intersection from both the public roadway and the access road. If the three hundred (300) feet sight distance cannot be obtained, flagmen and/or signs shall be posted.

E. A stop sign conforming to the requirements of the California Vehicle Code shall be posted at the entrance of the access road to the public roadway.

F. An advance warning sign, conforming to the requirements of the current California Manual for Uniform Traffic Control Devices, shall be posted on both sides of the access intersection. The advance warning sign shall be covered or removed when the access intersection is not in use.

(Ord. No. 579, § 1, 6-2-22)

The movement of earth materials either within, to, or from a site shall require the implementation of dust control measures in accordance with the BAAQMD CEQA Guidelines and any additional measures that the city engineer deems to be necessary and appropriate. As determined by the city engineer, a water truck shall be continuously present on-site to assure maximum control.

(Ord. No. 579, § 1, 6-2-22)

In accordance with California Civil Code Section 832, each adjacent owner is entitled to the lateral and subjacent support that his/her land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement as provided by law.

(Ord. No. 579, § 1, 6-2-22)

Whenever the city engineer determines that any existing excavation, embankment, or fill on private property has become a hazard to any person, endangers property, or adversely affects the safety, use, or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of such property, upon receipt of notice from the city engineer, shall immediately repair or eliminate such excavation or embankment so as to remove the hazard and to conform with the requirements of this chapter. Notice from the city engineer to remove a hazard may be verbal if the hazard presents an immediate threat of injury or damage, and as soon as reasonably possible thereafter, the verbal notice shall be followed by a written notice from the city engineer.

(Ord. No. 579, § 1, 6-2-22)

Upon completion of final grading and permanent improvements, where such permanent improvements are planned at the time grading is performed, permittee shall notify the city engineer that the grading is completed. The city engineer shall review the grading performed, and the final reports required in Section 15.01.430, and, if found in substantial conformance to the permit conditions, the city engineer may release the unexpended and unencumbered amount of the cash deposit and initiate the release of the security bonds posted by the permittee in accordance with Section 15.01.590.

(Ord. No. 579, § 1, 6-2-22)

A. The city engineer may suspend any grading permit for the violation of any condition of the permit, the violation of any provision hereof or any other applicable law or ordinance, or the existence of any condition or the doing of any act constituting or creating a nuisance, threatening water quality, or endangering life, property, or the environment. Upon written notification of suspension of a permit, the permittee shall cease all work on the work site, except work necessary to remedy the cause of the suspension.

B. Following the suspension, the permittee shall be granted a hearing by the city engineer within five (5) days of the written notice of suspension. The notice shall state, generally, the grounds of complaint and the time and place where such hearing will be held.

C. At the conclusion of said hearing, and within thirty (30) days thereafter, the city engineer shall make his/her findings and notify, in writing, the permittee of the action taken.

D. If the permittee, after written notice of suspension, fails or refuses to cease work, as required under subsection A of this section, the city engineer may revoke the permit.

E. The city engineer may reinstate a suspended permit upon the permittee's correction of the cause of the suspension.

F. The city engineer shall not reinstate a revoked permit.

(Ord. No. 579, § 1, 6-2-22)

A. The violation of any of the provisions of this chapter shall constitute a misdemeanor, punishable by the fines, penalties and enforcement provisions set forth in Chapters 1.14, 1.16 and 1.18 of this Code.

B. Where a violation of any of the provisions of this chapter is determined by the city to have been willful, reckless, or grossly negligent, then in addition to the fines, penalties and enforcement provisions referenced in paragraph A above or set forth elsewhere in this Code, the city may impose a supplemental fine not to exceed the amounts listed below for each violation:

(Ord. No. 579, § 1, 6-2-22)

The city engineer may retain and/or execute security required by Section 15.01.240 if one of the conditions listed in subsections A through D below exists. The city engineer shall use funds from the appropriate security to finance remedial work undertaken by the city or private contractor under contract to the city, and to reimburse the city for all direct costs incurred in the process of the remedial work, including, but not limited to, the following conditions:

A. The permittee ceases land-disturbing activities and/or filling and abandons the work site prior to the completion of the work shown on the site map, grading plan and revegetation plan (if applicable);

B. The permittee fails to conform to the conditions of the grading permit as approved or as modified under Section 15.01.380 and has had his/her permit revoked under Section 15.01.550;

C. The techniques utilized under the interim or final erosion control plan fail within one year of installation, or before a final erosion control plan is implemented for the site or portions of the site, whichever is later;

D. The city engineer determines that action by the city is necessary to prevent excessive erosion from occurring on the site.

(Ord. No. 579, § 1, 6-2-22)

A. The city council finds and declares that any work site on which grading has been started and has been abandoned or is not completed according to the site plan, grading plan, and grading permit, or on which the interim or final erosion control facilities have failed, or where on-site grading and erosion control facilities either are not working properly or are inadequate or incomplete, creates a danger to public health, safety and welfare, and constitutes a public nuisance. All duties of the city manager under this chapter may be delegated to other officers, agents or employees of the city.

B. The public nuisance abatement procedures provided in this section are, at the city's option, alternative or additional to the procedures provided in Sections 15.01.570 and 15.01.530 of this chapter, or to any applicable procedures provided by this Code, including Chapters 1.14, 1.16, 1.18, 8.38, or any other city ordinance, or provided by state law.

C. The city manager is authorized to abate each and every such nuisance or cause the same to be abated in the manner provided by the provisions of this section.

D. Before abating any condition which is declared to be a public nuisance, the city manager shall post upon or in front of the property on which such nuisance exists, a notice which shall be substantially in the following form:

NOTICE TO ABATE NUISANCE OR REMOVE HAZARD

Notice is hereby given that the following activity/condition on the property located at ________, in the City of Brisbane, County of San Mateo, State of California, identified as Assessors Parcel Number ________ constitutes a violation of the City of Brisbane Grading Ordinance or a violation of a permit or approval issued pursuant to such Ordinance:

_____

_____

Such condition creates a danger to the public health, safety, and welfare and is a public nuisance which must be abated by immediately by taking the following corrective action:

_____

_____

If said nuisance is not abated or said hazard is not removed within _______ days from and after the date of posting of this notice, or if good cause is not shown to the undersigned within said time why such corrective action should not be taken, the city will abate such nuisance by removing or causing to be removed said hazard and completing or causing to be completed the corrective action described above, and in such event, the cost and expense of such removal and abatement will be specifically assessed upon or against the parcel of land from which the hazard is removed and on which the corrective action is completed, and such assessment will constitute a lien upon the property until paid.

All interested persons having any objection to the above shall present such objections to the undersigned city manager at City Hall, 50 Park Place, Brisbane, California 94005, within ________ days from and after the posting, herein specified, of this notice.

Posted/Mailed this ________ day of ________,20___

CITY MANAGER OF THE CITY OF BRISBANE

By:___________

E. Before abating any condition which is declared to be a public nuisance in this section, the city manager, in addition to posting of notice or notices as provided by subsection (D) of this section, may mail, or cause to be mailed, to the person or persons who are designated on the last equalized assessment roll of the County of San Mateo, as owner or owners of the parcel of land on which such nuisance exists, at their address or addresses as shown on the last equalized assessment roll, a written notice or notices which shall be substantially in the same form shown in subsection (D) above.

F. The owner or owners of any private parcel of land within or upon which a public nuisance, as described in this section, exists, have a duty to abate such nuisance at his, her or their own cost and expense by removing any hazard and completing any planned permitted grading within the time prescribed in the notice which is posted upon such property, or if notice is given by mail within the time prescribed in the mailed notice. If such owner or owners fail to abate such nuisance within said time, and if, in addition, they fail to show cause to the satisfaction of the city manager why said nuisance should not be abated, then in that event the city may abate said nuisance or cause same to be abated.

G. In order to abate said nuisance, the city may cause the removal of said nuisance and complete the planned permitted work, or perform such other work as may be necessary or appropriate to abate the nuisance or may cause a licensed contractor to abate the nuisance in such manner for reasonable rates not in excess of prevailing rates for similar work within the city.

H. In the event the city manager finds that any public nuisance, above described in this section, within or upon any parcel of land is so serious and presents such an immediate menace or danger to the public health, safety and welfare that such nuisance should be immediately abated without first posting or mailing notices, as above provided, and without first giving the owner or owners of said parcel further time to abate the same, then in that event the city manager may immediately abate said nuisance or cause the same to be abated in the manner provided in subsection G of this section without first posting or mailing any notices and without giving the owner or owners of the parcel further time to abate the same. However, the city manager, if he or she abates such nuisance, shall prepare and file in his or her office a written report describing the location, nature and extent of the public nuisance and setting forth the reasons why he or she had to abate it immediately, as aforesaid, and he or she shall cause a copy of said report to be mailed within ten (10) days from and after completion of such abatement, to the owner or owners of the parcel within or upon which nuisance existed, as such owner or owners are shown on the last equalized assessment roll of the County of San Mateo, at their addresses as shown on said roll.

I. The city manager shall keep a record of the cost and expense incurred by him or her in abating or causing to be abated, pursuant to this section, each public nuisance within or upon each separate parcel of land. To said costs and expenses, the city manager shall add an amount for overhead and administration and incidental expenses and shall submit them to the city council for confirmation of an itemized written report showing all costs and expenses incurred by the city in abating each public nuisance.

J. A copy of city manager's report to the city council shall be posted for at least ten (10) days prior to its submission to the city council at the usual place where city notices are posted, together with a notice of the time and place when and where it will be submitted to the city council for a hearing. The notice shall state a time and place when and where property owners may appear and object to any matter contained in the report.

K. At the time fixed for receiving and considering the report, the city council shall hear it with any objections of the property owners liable to be assessed for the abatement. It may modify the report if it is deemed necessary. If the city council finds the report to be acceptable, it shall confirm the report by resolution.

L. After confirmation of the report, a certified copy of the same shall be filed with the County of San Mateo. The description of the parcels reported shall be those used for the same parcels on the county's assessor's map books for the current year.

M. The cost of abatement within or upon each parcel of land, as confirmed, constitutes a special assessment against that parcel, and upon such confirmation it is a lien on the parcel. Laws relating to the levy, collection and enforcement of county taxes apply to such special assessment taxes. The appropriate county official shall enter each assessment on the county tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes.

N. As an alternate method, the county tax collector, in his or her discretion, may collect the assessments without reference to the general taxes by issuing separate bills and receipts for the assessments.

O. The city finance director may receive the amount due on the abatement cost and issue receipts at any time after confirmation of the report and until July 1 st of the calendar year in which the report is confirmed. If the cost is paid in full, no report shall be filed with the County of San Mateo to levy a special assessment for such cost.

P. The city council may order refunded all or part of a special assessment paid pursuant to this section if it finds that all or part of the special assessment has been erroneously levied. A special assessment or part shall not be refunded unless a claim is filed on or before March 1 st next following the date the tax became due and payable. The claim shall be verified by the person who paid the tax, or his or her duly authorized representative.

(Ord. No. 579, § 1, 6-2-22)

Security deposited with the city for faithful performance of the grading, revegetation (if applicable), and erosion control work, and to finance necessary remedial work shall be released according to the following schedule:

A. Securities held against the successful completion of the work shown on the site map, grading plan and the interim plan, shall be released to the permittee at the termination of the permit, or the satisfactory completion of the grading operations, provided no action against such security is filed prior to that date;

B. Securities held against the successful completion of the work shown on the final plan shall be released to the permittee either one year after termination of the permit or when the final plan is approved as completed, or when the city planning department approves a final revegetation monitoring report, whichever is later, provided no action against such security has been filed prior to that date.

(Ord. No. 579, § 1, 6-2-22)

The procedures for enforcement of a permit, as set forth in this chapter, are cumulative and not exclusive.

(Ord. No. 579, § 1, 6-2-22)

FIGURE 1 [Figure: FIGURE 1]

FIGURE 2 [Figure: FIGURE 2]

NOTES:

1. PA means permit area boundary and/or property line; MFD means manufactured surface.

2. Setbacks shall also comply with applicable zoning regulations.

3. Table A applies to manufactured slopes and 2:1 or steeper natural slopes. Setbacks from natural slopes flatter than 2:1 shall meet the approval of the city engineer.

4. "b" may be reduced to 5′ minimum if an approved drainage device is used; roof gutters and downspouts may be required.

5. "b" may be reduced to less than 5′ if no drainage is carried on this side and if roof gutters are included.

6. If the slope between "a" and "b" levels is replaced by a retaining wall, "a" may be reduced to zero and "b" remains as shown in Table A. The height of the retaining wall shall be controlled by zoning regulations.

7. "b" is measured from the face of the structure to the top of the slope.

8. "d" is measured from the lower outside edge of the footing along a horizontal line to the face of the slope. Under special circumstances "d" may be reduced or recommended in the approved soil report and approved by the City Engineer.

9. The use of retaining walls to reduce setbacks (Fig. B) must be approved by the city engineer.

10. "f" may be reduced if the slope is composed of sound rock that is not likely to produce detritus and is recommended by the soil engineer or engineering geologist and approved by the city engineer.

11. "a" and "e" shall be 2′ when PA coincides with arterial or local street right-of-way and when improved sidewalk is adjacent to right-of-way.

12. "e" shall be increased as necessary for interceptor drains.