Chico Municipal Code Ch. 16.26 Grading Regulations - Standards

No person shall perform any grading work which fails to comply with or violates the grading standards.

(Ord. 2312 §23)

Grading standards now or hereafter adopted in Chapter 16R.22 of this code shall constitute the grading standards of the city.

(Ord. 2312 §23)

Except when otherwise specifically provided for therein, the grading standards shall not apply to any existing condition if the condition:

A. Was legally established prior to the enactment or amendment of such standards;

B. Complies with the standards, if any, in effect at the time the existing condition was first established; and

C. Has been determined by the building official not to be hazardous to life, property or the environment.

(Ord. 2312 §23)

When grading is performed as part of a project for which an environmental impact report, mitigated negative declaration, or other environmental document was prepared, the grading shall comply with all applicable mitigation measures identified in that document and imposed on the project as conditions of approval.

(Ord. 2312 §23)

A. The grading standards are not intended to prevent methods of grading work other than those specifically proscribed by such standards, and the building official may approve any alternative method of grading work upon finding that the alternative method is consistent with the provisions of the grading standards regarding stability of cuts and fills, drainage, erosion control and environmental protection.

B. The building official shall cause details of every approved alternative method of work to be recorded and entered in the files of the building division relating to the property on which the work is to be performed.

(Ord. 2312 §23)

A. When there are practical difficulties in complying with particular provisions of the grading standards, the building official may approve a variance from those provisions upon finding that (1) compliance with those provisions is impossible or impracticable, (2) the proposed variance is consistent with the purpose of the standards, and (3) the proposed variance will not result in a condition hazardous to life, property or the environment.

B. The building official shall cause the details of every approved variance to be entered into the files of the building division relating to the property on which the grading work is to be performed.

(Ord. 2312 §23)

If the grading standards conflict with any applicable federal or state law in a particular circumstance, that standard which provides the most protection for life, property and the environment, as determined by the building official, shall govern. However, if any federal or state law or regulation applies in a particular circumstance and expressly preempts a provision of the grading standards which applies to the same subject matter, the standard in the federal or state law or regulation shall govern.

(Ord. 2312 §23)