Carpinteria Municipal Code Ch. 8.36 Excavation and Grading

The regulations contained in this chapter may be known and referred to as the "excavation and grading code."

(Prior code § 4600)

The purpose of this chapter is to establish minimum standards to safeguard life and property, to control erosion and flood damage, and to promote public welfare, by regulating and controlling the design, construction, quality of materials, use, location and maintenance of grading, excavations and fills.

(Prior code § 4601)

The word "person" as used in this chapter means and includes any individual person, firm, corporation, association, partnership, public agency, public district or municipal corporation, but shall not include the county of Santa Barbara, the city, the state of California, or the United States.

(Prior code § 4602)

A. Except as provided in this chapter, these regulations shall apply to all new grading, excavations, fills, borrow pits and borrow areas, and to all alterations, changes, additions or repairs to existing excavations, fills, borrow pits, borrow areas occurring after the effective date of this chapter and no such work shall be commenced or completed except in compliance with the regulations set forth in this chapter.

B. These regulations shall not apply to the following:

1. Work in any public road, right-of-way or easement, unless the work affects or is involved in the construction of a building or structure subject to regulations of the city building code;

2. Work in any street, road or highway owned and under the control of the state or the city;

3. The depositing of rubbish or other material at any dump or sanitary fill operated by the county of Santa Barbara or by the city or by any agency under contract with the city or county;

4. Work involved in the construction of dams or reservoirs regulated by the state Department of Water Resources;

5. The stockpiling of rock, sand aggregate or clay, or the temporary stockpiling of earth in the construction of a building or structure authorized by a valid building permit;

6. The operations, work or projects of the county or the Santa Barbara County Flood Control and Water Conservation District;

7. Provided a conditional use permit therefor has been issued under applicable zoning ordinance, the mining, quarrying, excavating, processing or stockpiling of rock, sand or aggregate, unless such work affects the support of adjacent or contiguous property or structures;

8. The digging of trenches by public agencies, or public utility companies or oil companies for the purpose of installing public utility pipelines or underground wires or other public utility services or oil pipelines, where the slope of the surface of the ground is less than one vertical to five horizontal. All trenches in areas where the surface is steeper than one vertical to five horizontal shall require a permit;

9. The drilling, maintaining or operating of oil wells by persons, firms or corporations having a valid oil drilling permit and complying with all other applicable ordinances and laws.

(Prior code § 4603)

A. No person shall commence or perform any grading, excavation or fill without first obtaining a grading permit from the city engineer. A separate permit shall be required for each building site but one permit may be issued for the main building and all accessory buildings and structures and one permit may include all grading excavation and fill in one building site.

B. In the event all of the requirements of this chapter which are imposed upon any grading, excavation or fill are met in an application for a building permit, the city engineer shall have the authority to waive the permit for such grading excavation or fill in connection therewith.

(Prior code § 4604)

A grading permit shall not be required in the following exceptions, but in all other respects the provisions of this chapter shall apply:

A. An excavation or fill which does not exceed three feet in vertical depth at its deepest point, measured from the natural ground slope, and/or thirty cubic yards of material moved in any twelve-month period. This exception shall not affect the applicability of this chapter to, or the requirement of a grading permit for, any fill made with the material from such excavation;

B. An excavation below finished grade for tanks, vaults, basements, swimming pools, or footings of a building or structure authorized by a valid building permit. This exception does not apply to any fill using materials removed from such excavation.

(Prior code § 4605)

Applications for grading permits shall be filed with the city engineer on forms furnished by the city clerk and shall be accompanied by or include:

A. A description of the land on which the proposed work is to be done, by lot, block, tract, and street address or by similar description;

B. A plot plan to scale showing property boundaries with dimensions, location or existing buildings and structures on the property and within fifteen feet of the boundaries thereof, adjoining streets or easements, present contours and proposed contours after completion of grading, and details of proposed drainage structure, pipelines, walls and cribbing, and plans for final disposition of all surface waters.

C. Quantity and type of material to be graded, excavated or filled;

D. Purpose of grading, excavation or fill;

E. Source of material to be used for fill and/or location to which excavation material will be removed;

F. A statement of starting and completion dates;

G. A statement describing routes for hauling material, hours of work and methods of controlling dust;

H. Name and address of person responsible for the correctness of work done under the permit and for requesting inspections;

I. Plans and specifications when required herein.

(Prior code § 4606)

A. If the quantity of material to be graded, excavated or filled exceeds ten thousand cubic yards, the application for a permit shall be made by the owner or lessee of the land upon which the grading, excavation or fill is to be made, and such owner or lessee shall also furnish the bond required by this chapter.

B. If the amount of such material to be removed is less than ten thousand cubic yards, the application may be made by the owner or lessee of the land upon which the grading, excavation or fill is to be made, or the application may be made by any authorized contractor or agent of such owner or lessee, and the bond required under this chapter shall be furnished by such applicant.

(Prior code § 4607)

A. Fees for permits issued and/or services rendered pursuant to this chapter shall be set by resolution of the city council.

B. Public agencies shall not be required to pay a permit fee.

(Ord. 282 § 1, 1979: prior code § 4609)

A. A permit shall not be issued where the work proposed is likely to endanger public or private property, taking into consideration saturation of earth by rains, surface water runoff, earth movement or subsurface conditions or susceptibility to erosion. Failure of any officer, agent or employee of the city to observe or recognize hazardous conditions shall not relieve the owner or permittee of responsibility for damages from work performed nor transfer responsibility for such damages to the city, nor to any of its officers, agents or employees.

B. Upon failure to comply with any of the conditions of this chapter or the permit, the city engineer may revoke or suspend the permit and, in either case, shall notify the owner or permittee of such action and the reasons therefor.

C. If the operations of the permittee create an unreasonable nuisance by reason of dust or noise, or otherwise, the city engineer may require the permittee to take reasonable measures to abate such nuisance and may revoke or suspend the permit until such measures are taken.

(Prior code § 4608 (part))

Grading permits shall expire and become null and void if the work authorized under such permit has not commenced within one hundred twenty days or is not completed within one year of the date of issue, except that prior to expiration of the permit, the city engineer may grant a reasonable extension of time upon a showing of evidence that unusual difficulties have prevented start or completion of the work within the time limits specified.

(Prior code § 4608 (part))

If a permit is denied or revoked under Section 8.36.100, the applicant may appeal to the city council. Such appeal must be in writing and set forth the reason for the denial or revocation of the permit and the ground for appeal, and must be accompanied by a full and correct copy of the applicant's application for such permit. The appeal shall be filed with the city council or with the city clerk. After receipt of the written appeal, the city clerk shall set a date for hearing thereon and cause the applicant to be notified of the time and place for such hearing. At the hearing on such appeal, the applicant or licensee shall present competent evidence and proof that the work proposed to be done can and will be done in compliance with the terms and requirements of this chapter and of any other chapter or laws applicable. The city council may hear any other pertinent evidence and make any investigations and require any other reports and evidence which the city council may consider pertinent in the matter. After such hearing and making any investigations it deems necessary, if the city council finds and determines that the excavation proposed may be in compliance with the terms of this chapter and any other chapters or laws applicable and in such a manner that the resulting excavation or fill will not unreasonably endanger life or property, the city council may impose any reasonable condition and order the city engineer to issue such permit or, in the case of revocation of a permit, to reinstate such permit upon compliance by the permittee of all conditions imposed.

(Prior code § 4614)

The applicant for a grading permit shall file a performance bond, pursuant to Chapter 2.17 of this code, prior to the issuance of any grading permit. In lieu of the bond, the applicant may make a deposit of cash or of a certified check or cashier's check.

(Ord. 297 § 2, 1981: prior code § 4616)

The amount of the bond or deposit shall be fixed by the city engineer. He shall set the same in a sum sufficient to insure prompt completion of the entire excavation project within specified time limits and in compliance with plans and specifications therefor.

(Prior code § 4617)

The bond shall:

A. Be in form joint and several;

B. Name the city as obligee;

C. Provide that the term of each bond shall begin upon the date of filing with the city, and shall remain in effect until grading is completed and approved by the city engineer and a notice of completion is filed;

D. Provide that in the event of failure to complete the work authorized by the grading permit, the city engineer, subject to the approval of the city council, may order and proceed to complete necessary emergency work and the surety shall be bound under a continuing obligation for the payment of all costs incurred thereby;

E. Provide that the surety assents to any extension of the time limit which may be approved by the city engineer.

(Prior code § 4618)

Every bond posted and every deposit made pursuant to this chapter shall be conditioned as follows:

A. That all work will be done in accordance with approved plans and specifications and in compliance with all terms and conditions of the grading permit.

B. That all work will comply with provisions of this chapter and all other applicable laws and ordinances.

C. That all maintenance shall be performed for the period of time determined by the city engineer and made a condition of the grading permit.

(Prior code § 4619)

The surety consents to any extension of time granted the permittee by the city engineer.

(Prior code § 4620)

Any contractor or other person engaged in continuous or repeated excavations may post a blanket bond or a blanket deposit in an amount sufficient to insure prompt completion of all excavation projects being conducted at any one time. If the number or amount of excavation projects exceeds the amount of the bond or deposit, the city engineer may require additional bond or deposit to insure completion of all work being done at any one time.

(Prior code § 4621)

The permittee and his agents shall carry out the proposed grading in accordance with approved plans and specifications, the conditions of the permit and with the requirements of this chapter. The permittee and his agents shall maintain all required protective devices and temporary drainage during the progress of the grading work and shall be responsible for observance of hours of work, dust controls and methods of hauling. The permittee or his agents shall be responsible for maintenance of the site until such time as a certificate or notice of final approval has been granted by the city engineer. The permittee, his agents, and each or all of them shall become subject to the penalties set forth in this chapter in the event of failure to comply with this chapter and other applicable laws of the city. No approval shall exonerate the permittee or his agents from the responsibility of complying with the provisions and intent of this chapter. If at any time it is determined by the city engineer that material has been spilled upon city streets during the course of hauling material from the site by the permittee, the city engineer shall immediately notify the permittee to remove the material from the city streets and to clean the city streets, including the sweeping thereof. If such material is not removed and the city streets cleaned within forty-eight hours after receiving such notice, the city engineer may cause the street to be cleaned by city forces at the expense of the permittee.

(Prior code § 4615)

A. During progress of work under a grading permit, inspections shall be made as provided in this section and work shall not continue until approval to proceed with any changes specified has been granted following inspection. The permittee shall be responsible for notifying the city engineer at least twenty-four hours prior to the time when inspection is to be made.

1. Initial inspection shall be made before any work is begun on excavation or fill.

2. Rough grading inspection shall be made during the work upon request of the owner, lessee, or permittee and when all rough grading is completed.

3. Structures inspection shall be made when pipe or reinforcing is in place and before concrete is poured or pipe is covered for all supporting, containing and protective structures.

B. Upon request, the city engineer shall issue a grading certificate after all grading work is completed, certifying that such work was completed in accord with the conditions of the permit and the provisions of this chapter.

(Prior code § 4610)

A. No excavation shall be made with a cut face steeper in slope than one and one-half horizontal to one vertical, except under one or more of the following conditions:

1. The material in which the excavation is made is sufficiently stable to sustain a slope of steeper than one and one-half horizontal to one vertical, and a written statement of a civil engineer, retained by the owner or permittee, licensed by the state of California, to that effect is submitted and approved by the city engineer. The statement shall state that the site has been inspected and that the deviation from the slope specified above will not result in property damage. Where, in the judgment of the city engineer, additional tests are required, he may require soil tests and laboratory tests by a qualified soils engineer approved by the city engineer;

2. A retaining wall or other approved support is provided to support the face of the excavation.

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

C. If drainage facilities and grading shall be so designed and maintained that drainage is directed into or upon public streets, it shall be done in a manner and at a location to be approved by the city engineer, or into natural or improved drainage channels in a manner and at a location approved by the city engineer.

D. Exposed banks or slopes, both cut and fill, shall be smoothly finished by blading or hand-sloping or equal, and no such bank or slope shall exceed a height of twenty five feet without terraces or berms approved by the city engineer. Down drains from terraces shall consist of pipes or paved channels or other means approved by the city engineer.

E. Berms having a minimum width of five feet shall be provided between the top or bottom of a slope and road right-of-way.

F. Road right-of-way lines shall be so designed that all cut and fill slopes are included within such right-of-way lines.

G. All cut and fill slopes shall be within properties or parcels under one ownership, that is, they shall not be divided horizontally.

H. Exposed slopes in excess of three feet in vertical heights shall be planted to prevent erosion, or otherwise protected in a manner approved by the city engineer, unless by reason of soil conditions or the location of the site, the city engineer determines such planting is not necessary to prevent erosion.

I. The city engineer may require an excavation to be made with a cut face flatter in slope than one and one-half horizontal to one vertical if he finds the material in which the excavation is to be made unusually subject to erosion, or if other conditions make such flatter cut slope necessary for stability and safety.

J. Excavations shall not extend below the angle of repose or natural slope of the soil under the nearest point of any footing or foundation of any building or structure, unless such footing or foundation is first properly underpinned or protected against settlement.

K. No fill shall be made which creates any exposed surface steeper in slope than two horizontal to one vertical, except under one or more of the following conditions:

1. The fill is located so that settlement, sliding or erosion of the fill material will not result in property damage or a hazard to adjoining property, streets or buildings;

2. A written statement from a civil engineer, licensed by the state of California, certifying that he has inspected the site and that the proposed deviation from the slope specified above will not endanger any property, or result in property damage, is submitted to and approved by the city engineer.

L. The city engineer may require that the fill be constructed with an exposed surface flatter than two horizontal to one vertical, if he finds that, under the particular conditions, such flatter surface is necessary for stability and safety.

M. Whenever a fill is to be made of materials other than clean soil or earth, the grading permit issued by the city engineer shall be subject to the following additional limitations and requirements:

1. The fill shall be completed within a reasonable length of time, said time limit to be determined by the city engineer and to be specified on the grading permit.

2. No grading permit shall be issued for the filling of materials other than clean soil or earth until a faithful performance bond in the amount of at least ten percent more than the estimated cost of adequately covering such fill with clean soil or earth has been filed with the city engineer and approved by him. Such faithful performance bond shall be executed by a corporate surety and shall be approved as to form by the city attorney. Such bond shall insure to the benefit of the city and be conditioned upon the faithful performance of the work required under the terms and conditions of the grading permit to the satisfaction of the city engineer. In lieu of such faithful performance bond, a cash deposit in such amount may be made to the city clerk with the approval of the city engineer.

N. All fills intended to support buildings, structures, or where otherwise required to be compacted for stability of material, shall be compacted, inspected and tested in accordance with the following provisions:

1. The natural ground surface shall be prepared by removal of topsoil and vegetation, and if necessary, shall be graded to a series of terraces.

2. The fill shall be spread in a series of layers, each not exceeding six inches in thickness, and shall be compacted by sheepsfoot roller or other approved method after each layer is spread.

3. The moisture content of the fill material shall be controlled at the time of spreading and compaction to obtain required maximum density.

4. The fill material after compaction shall have minimum relative density of not less than ninety percent of maximum density, as determined by the AASHO Soil Compaction Test, T99-49, as modified, to use twenty-five blows of a ten-pound hammer falling eighteen inches in each of three layers of soil in a one-thirtieth cubic-foot cylinder, or other approved testing method giving equivalent test results, in all portions of the fill requiring compaction.

5. A compaction test, as provided in this subsection shall be taken for each eighteen inches of fill, or portion thereof, measured vertically from the lowest point of the area to be filled.

6. A written report of the compaction, showing location and depth of test holes, materials used, moisture conditions, recommended soil-bearing pressures, and relative density obtained from all tests, prepared by a civil engineer licensed by the state of California shall be submitted to the city engineer for approval.

O. The city engineer may require additional tests or information if the conditions or materials are such that additional information is necessary and may modify or delete any of the above listed requirements that are unnecessary.

(Prior code § 4613)

The city engineer may authorize work done under supervision of a registered civil engineer retained by the owner or the permittee, and accept such certifications by the engineer as will insure that the work was done in accord with the provisions of the permit and of this chapter.

(Prior code § 4611)

The city engineer may issue a stop-work order if, at any time during progress of the work it appears that public or private property is endangered and may impose special precautions to be followed as a condition for continuance of the work. Such special precautions may include, but shall not be limited to, flatten exposed slopes, additional drainage facilities, berms, terracing, compaction, cribbing and retaining walls.

(Prior code § 4612)

A. No person, as defined in this chapter, shall construct, enlarge, alter, repair or maintain any grading, excavation or fill, or cause the same to be done, contrary to or in violation of any provision of this chapter.

B. It is unlawful for any person to violate any of the provisions of this chapter and each person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted.

(Ord. 378 § 9, 1985: prior code § 4622)