Cupertino Municipal Code Ch. 16.08 Excavations, Grading and Retaining Walls\

* Prior ordinance history: Ords. 214-A, 782 and 1075. For statutory provisions regarding the obligations of those making excavations to adjoining landowners, see Civil Code § 832.

The title of this chapter shall be “Excavations, Grading and Retaining Walls.”

(Ord. 1143, Exh. A (part), 1981)

The purpose of this chapter is to safeguard life, limb, property, and public welfare by establishing minimum requirements and standards for regulating excavation, grading, clearing, and retaining wall construction, and to preserve and enhance water quality by controlling surface runoff, erosion and sedimentation, and establishing procedures by which these requirements may be enforced.

(Ord. 1143, Exh. A (part), 1981)

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 who submits an application to the Director for a permit pursuant to this chapter.

2. “Bedrock” means the solid undisturbed rock in place either at the ground surface or beneath superficial deposits of gravel, sand or soil.

3. “City” means the City of Cupertino.

4. “Civil Engineer” means a professional engineer registered as a civil engineer in the State of California.

5. “Director” means the Director of Public Works or his appointed agents.

6. “Engineering geology” means the application of geological data and principles to engineering problems dealing with naturally occurring rock and soil for the purpose of assuring that geological factors are recognized and adequately interpreted in engineering practice.

7. “Erosion” means the action or process of wearing away of earth or soil by the action of water.

8. “Existing grade” means the vertical location or elevation of the existing ground surface prior to excavating or filling.

9. “Fill” means deposits of soil, rock, or other materials, placed by any persons.

10. “Finish grade” means the final grade or elevation of the building site.

11. “Grading” means any excavating, filling, recontouring, or combination thereof.

12. “Interim erosion and sediment control plan” means a written set of measures designed to control surface runoff and erosion and to retain sediment on a particular site during the period in which preconstruction and construction related land disturbances, fills and soil storage occur.

13. “Land disturbance/land disturbing activities” means any activity moving or removing the soil mantle or top six inches of soil whichever is shallower, including excavation and clearing.

14. “Land fill” means any activity depositing soil or other earth materials.

15. “Master storm drain plan” means the master plan adopted by the City of Cupertino for the purpose of regulating the storm drainage system or amendments thereafter adopted by the City Council.

16. “Permittee” means the applicant in whose name a valid permit is duly issued pursuant to this chapter, and his agents, employees and others acting under his direction.

17. “Rough grade” means an approximate elevation of the ground surface conforming to the proposed design.

18. “Sediment” means material deposited by water.

19. “Site” means all of a parcel or parcels of real property owned by one or more persons where grading is performed.

20. “Soil” means all earth material of whatever origin.

21. “Soils Engineer” means a civil engineer registered in the State of California and qualified in the field of soils engineering.

22. “Wet season” means the period from October 1st to April 15th.

(Ord. 1777, (part), 1998; Ord. 1143, Exh. A (part), 1981)

Neither this chapter, nor any administrative ruling made under it limits:

A. The power of the city to declare, prohibit and abate a nuisance; or

B. The right of any person to maintain, at any time, any appropriate action for relief against any private nuisance, or for relief against any contamination or pollution.

(Ord. 1143, Exh. A (part), 1981)

This chapter sets forth rules and regulations to control excavation, grading, earthwork, clearing, and retaining wall construction, including fills or embankments; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspection of grading construction.

This chapter shall be applicable to work performed within private property lines and shall not be construed to regulate work encompassed in public property, or property offered for dedication to the public.

No person may grade, fill, excavate, clear land, stockpile or dispose of soil or earth materials or perform any other land disturbing or landfilling activity without first obtaining a permit as set forth in this chapter.

(Ord. 1143, Exh. A (part), 1981)

A person need not apply for a permit if he or she engages in any activity which meets any one criterion under subsection A and any one criterion under subsection B as follows:

Subsection A.

(A-1) An excavation which:

(a) Is less than three feet in depth and does not exceed one hundred cubic yards; and

(b) Which does not create a cut slope greater than three feet in height and steeper than two horizontal to one vertical.

(A-2) A fill less than one foot in depth, and placed on natural terrain having a slope flatter than five horizontal to one vertical, or less than three feet in depth, not intended to support structures, which does not exceed one hundred cubic yards on any one lot and does not obstruct a drainage course, or channel the general drainage pattern.

(A-3) An excavation below finished grade for basements and footings of a building, retaining wall, or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structure.

(A-4) Excavation or deposition of earth materials within a property which is dedicated or used, or to be used for cemetery purposes, except where such grading is within one hundred feet of the property line or intended to support structure.

Subsection B.

(B-1) Land disturbance or land fill covers one-quarter of an acre or less on natural and finished slopes less than ten percent.

(B-2) The volume of earth soil, or other earthen material stockpiled or disposed of is one hundred cubic yards or less, or thirty tons or less.

Where an activity meets a criterion set forth in subsection A but does not meet any of the criteria set forth in subsection B, the activity will be subject to the erosion control provisions of this chapter (Section 16.08.110) but not the grading provisions. Where an activity meets the criteria set forth in subsection B but does not meet any of the criteria set forth in subsection A, the activity will be subject to the grading provisions of this chapter (Section 16.08.100) but not the erosion control provisions.

(Ord. 1143, Exh. A (part), 1981)

Sections 16.08.050 and 16.08.060 notwithstanding, the following activities are always exempt from the permit requirements:

A. Cemetery graves;

B. Refuse disposal sites controlled by other regulations;

C. Excavations for wells;

D. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property;

E. Exploratory excavations under the direction of soil engineers or engineering geologists;

F. Routine agricultural management techniques, other than clearing;

G. Emergencies posing an immediate danger to life or property, or substantial flood or fire hazards; following any emergency, plans must be submitted to the Director within thirty days; such plans must include all work necessary to insure that the site will comply with all provisions of this chapter;

H. Any other activity which is exempted by state or federal law.

(Ord. 1143, Exh. A (part), 1981)

The application for a permit must include all of the following items except as noted:

A. Application form, as specified by the Director;

B. Site map, largest scale one inch equals fifty feet, maximum sheet size twenty-four inches by thirty-six inches;

C. Grading plan when a permit is required under Section 16.08.060; largest scale one inch equals fifty feet, maximum sheet size twenty-four inches by thirty-six inches;

D. Interim erosion and sediment control plan when required under Section 16.08.060;

E. Work schedule;

F. Application fees;

G. Performance bond and other security acceptable to the Director;

H. Soils report is required.

(Ord. 1777, (part), 1998; Ord. 1143, Exh. A (part), 1981)

Applicant shall submit two complete sets of site maps/grading plans and specifications and three additional plot plans. Except as waived by the Director for small and unimportant work, the plans shall be prepared and signed by a civil engineer, and soils engineer, licensed by the State. Applicant shall provide all the following information on a site map/grading plan:

A. A vicinity sketch or other data adequately indicating the site location;

B. Property lines of the site on which the work is to be performed and easements if such are required;

C. Location of any buildings or structures on the property where the work is to be performed, and the location of any building, structure, or retaining wall on adjacent property which is within fifteen feet of the site;

D. Existing and proposed topography of the site taken at not more than five-foot contour intervals over the entire site; ninety percent of the contours shall be plotted within one contour interval of the true location;

E. Two contour intervals that extend a minimum of one hundred feet off-site, or sufficient distance to show on-site and off-site drainage;

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

G. Location and graphic representation of proposed excavations and fills, of on-site stockpiling of soil and other earth material, and of on-site disposal;

H. Location of surface runoff, erosion and sediment control measures required under proposed interim erosion control plan;

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

J. Outline of the methods to be used in clearing vegetation, and in storing and disposing of the cleared vegetative matter;

K. Detailed plans of all drainage devices, walls, cribbing, dams, or other protective devices to be constructed in connection with, or as a part of, the proposed work, together with a plat or sketch showing the drainage area and estimated runoff of the area served by any drains;

L. An estimate of the quantity of excavation and fill involved;

M. Proposed sequence and schedule of excavation, filling and other land-disturbing and filling activities, and soil or earth material storage and disposal;

N. Such additional technical information as is required to clarify the above;

O. Site cross-sections as required.

(Ord. 1143, Exh. A (part), 1981)

The applicant shall provide an interim plan, either integrated with the site map/grading plan or separately, at the discretion of the Director. However, at least the location of erosion control measures and erosion control planting shall be shown on the site map/grading plan. The applicant shall provide the following information with respect to conditions existing on the site during land-disturbing or filling activities or stockpiling of soil:

A. Maximum surface runoff from the site shall be calculated using a ten year design storm and the City of Cupertino intensity curves as shown in the master storm drain plan;

B. The interim plan shall also contain the following information:

1. A delineation and brief description of the measures to be undertaken to retain sediment on the site, including, but not limited to, the designs and specifications or berms and sediment detention basins, and a schedule for their maintenance and upkeep;

2. A delineation and brief description of the surface runoff and erosion control measures to be implemented, including, but not limited, to types and methods of applying mulches, and designs and specifications for diverters, dikes and drains, and a schedule for their maintenance and upkeep;

3. A delineation and brief description of the vegetative measures to be undertaken, including, but not limited to, seeding methods, and type, location and extent of preexisting and undisturbed vegetation types, and a schedule for maintenance and upkeep;

C. The location of all the measures listed by the applicant under subsection B above, shall be depicted on a site map;

D. An estimate of the cost of implementing and maintaining all interim erosion and sediment control measures must be submitted in a form acceptable to the Director.

(Ord. 1143, Exh. A (part), 1981)

Prior to issuance of a grading permit, the Director, after review by a civil engineer, may require an engineering geological investigation, based on the most recent grading plan. The engineering geological report shall include an adequate description of the geology of the site, and conclusions and recommendations regarding the effect of geologic conditions on the proposed development. All reports shall be subject to approval by the Director, and supplemental reports and data may be required as he may deem necessary. Recommendations included in the report and approved by the Director shall be incorporated in the grading plan as needed for other purposes. The cost is to be borne by the applicant.

(Ord. 1143, Exh. A (part), 1981)

The Director may require after review by a civil engineer, a soils engineering investigation, based on the most recent grading plan. Such reports shall include data regarding the nature, distribution, erodibility of existing soil, strength of existing soils with particular emphasis on stability of existing and proposed cut and fill slopes, data regarding the nature, distribution and erodibility of soil to be placed on the site, if any, conclusions and recommendations for grading procedures, and design criteria for corrective measures. Recommendations included in the report and approved by the Director shall be incorporated in the grading plan or specifications. The cost is to be borne by the applicant.

(Ord. 1143, Exh. A (part), 1981)

The applicant must submit a master work schedule showing the following information:

A. Proposed schedule of work showing timing of major operations;

B. Proposed schedule for installation of all interim erosion and sediment control measures.

(Ord. 1777, (part), 1998; Ord. 1143, Exh. A (part), 1981)

A. Bonds Required. A permit shall not be issued unless the permittee first posts with the Director, a bond executed by the owner and a corporate surety authorized to do business in this state as a surety in an amount sufficient to cover the cost of the project, including both grading erosion control and corrective work necessary to remove and eliminate geological hazards. In lieu of a surety bond, the applicant may deposit a cash bond, letter of credit in a form acceptable to the City Attorney, certificate of deposit, or a passbook assigned to the city in an amount equal to that which would be required in the surety bond. 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 Director but not less than one hundred percent of the approved estimated cost of performing said work, including corrective work necessary to eliminate hazardous conditions or conditions likely to result in pollution of a watercourse or drainage facility with sediment.

B. Conditions. Every bond shall include the conditions that the permittee shall:

1. Comply with all the provisions of the chapter, applicable laws, and codes for grading and other work;

2. Complete all of the work contemplated under the permit within the time limit specified; the Director may, for sufficient cause, extend the time specified in the permit; however, the bond shall remain in full force until the end of the time extension;

3. Comply with the work schedule for the interim erosion control plan.

C. Failure to Complete Work. The term of each bond shall begin upon the date of filing and shall remain in effect until the completion of the work to the satisfaction of the Director. In the event of failure to complete the work and/or failure to comply with all of the conditions and terms of the permit, the Director may order the work required by the permit to be completed to his satisfaction. The surety executing such bond or deposit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the city in causing any and all such required work to be done. In the case of a cash deposit, said deposit or any unused portion thereof shall be refunded to the permittee.

(Ord. 1143, Exh. A (part), 1981)

A. Plan-checking Fee. For excavation and fill on the same site, the fee shall be based on the volume of the excavation or fill, whichever is greater. Before accepting a set of plans and specifications for checking, the Director shall collect a plan-checking fee. Separate permits and fees shall apply to retaining walls or major drainage structures as indicated elsewhere in City ordinances. There shall be no separate charge for standard terrace drains and similar facilities. Fees will be as set forth in the latest resolution adopted by the city.

B. Grading Permit and Inspection Fees. A fee for each grading permit and inspection shall be paid to the city as set forth in the latest resolution adopted by the city.

(Ord. 1143, Exh. A (part), 1981)

The Director may approve a permit application and issue a permit only if:

A. Applicant submits all required plans, data, reports, fees and securities;

B. Plans, data and reports submitted in application conform to design standards set forth in Section 16.08.200;

C. All proposed uses shown on the grading plans for the site will comply with all provisions of zoning and other applicable City ordinances.

(Ord. 1143, Exh. A (part), 1981)

A. Hazardous Grading. The Director, after review by a civil engineer, shall not issue a permit in any case where he finds that the work as proposed by the applicant is liable to endanger any private property or result in the deposition of debris on any public way or interfere with any existing drainage course.

B. Geological or Flood Hazard. If, in the opinion of the Director, after review by a civil engineer, the land area for which grading is proposed is subject to geological or flood hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property, the grading permit and building permits for habitable structures shall be denied.

C. Erosion and Sediment Control. If, in the opinion of the Director, after review by a civil engineer, the interim plan is inadequate to certain sediment on-site or control erosion, the grading permit shall be denied.

(Ord. 1143, Exh. A (part), 1981)

Whenever the Director determines, after review by a civil engineer, that any existing excavation or embankment or fill has become a hazard to life and limb, or 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 or possession of said property, upon receipt of notice in writing from the Director, shall within the period specified therein, repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this chapter.

If it can be shown to the satisfaction of the Director that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, draining devices or by other means, the Director may issue the permit with the condition that such work be performed.

(Ord. 1777, (part), 1998)

In granting any permit under this chapter, the Director may attach such conditions as may be necessary to prevent creation of a nuisance or hazard to public or private property. Such conditions may include but shall not be limited to:

A. Improvements of any existing grading to bring it up to the standards of this chapter or the requirements of the civil engineer;

B. Requirements for fencing or protection of excavation or fills which would otherwise be hazardous.

Liability. Neither the issuance of a permit under the provisions of this chapter, nor the compliance with the provisions hereof or with any conditions imposed in the permit issued hereunder, shall relieve any person from responsibility for damage to other persons or property, nor impose any liability upon the city for damage to other persons or property.

(Ord. 1777, (part), 1998; Ord. 1143, Exh. A (part), 1981)

A. Cuts. In the absence of a civil engineer’s report, the following minimum standards shall apply:

1. Maximum Slope. Cuts shall not be steeper in slope than two horizontal to one vertical unless the owner furnishes a soils engineering or an engineering geology report, prepared by a civil engineer, certifying that the site has been investigated and indicating that the proposed deviation will not endanger any private or public property or result in the deposition of debris on any public way or interfere with any existing drainage course. The Director may require the excavation to be made with a cut face flatter in slope than two horizontal to one vertical if he finds it necessary for stability and safety.

2. Drainage Terraces. All cut slopes in excess of forty feet vertical height shall have protected drainage terraces at vertical intervals not exceeding thirty feet except that where only one terrace is required, it shall be at midheight. Such terraces shall drain into a protected gutter, pipe or other watercourse adequate to convey the water to a safe disposal area. Unless site conditions dictate otherwise the minimum terrace shall be four feet wide.

3. Benches shall be installed on all slopes over thirty feet in height as specified by the Director.

4. The top and toe of all cut slopes shall be sloperounded fifteen feet in each direction.

B. Fills. In the absence of a civil engineer’s report, the following minimum standards shall apply:

1. Compaction. All fills shall be compacted to a minimum of ninety percent of maximum density as determined by the current ASTM standards or equivalent as approved by the Director. Field density shall be determined by the current ASTM standards or equivalent as approved by the Director.

2. Preparation of Ground. The natural ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, top soil, and, where slopes are five horizontal to one vertical or steeper, by benching and keying, as specified by the Director, into competent material. Five feet of the lowermost bench shall be exposed beyond the toe of the fill. The bench shall be sloped for sheet overflow or a paved drain shall be provided.

3. Fill Slope. No compacted fill shall be made which creates an exposed surface steeper than two horizontal to one vertical. The Director, after review by a civil engineer, may require that the fill be constructed with an exposed surface flatter than two horizontal to one vertical if he finds this necessary for stability and safety.

4. Fill Material. No organic material shall be permitted in fills. Except as permitted by the Director, no rock or similar irreducible material with a maximum dimension greater than eight inches shall be buried or placed in fills within two feet of the final grade.

5. Drainage Terraces. All fill slopes in excess of thirty feet vertical height shall have protected drainage terraces at vertical intervals not exceeding twenty-five feet except that where only one terrace is required, it shall be at midheight. Such terraces shall drain into a protected gutter, pipe or other watercourse adequate to convey the water to a safe disposal area. The terrace shall be at least four feet wide.

6. Slopes to Receive Fill. Fills toeing out on natural slopes which are steeper than two horizontal to one vertical will not be permitted.

7. Benches shall be installed on all slopes over thirty feet in height as specified by the Director.

8. The top and toe of each fill slope shall be slope-rounded within fifteen feet in each direction.

C. Setbacks. Cuts and fills shall be set back from property lines. Retaining walls may be used to reduce setbacks when approved by the Director. Fill placed on or above the top of an existing or proposed cut or natural slope steeper than three horizontal to one vertical shall be set back from the edge of the slope for a minimum distance of five feet.

D. Erosion Control Planting.

1. The face of all cut and fill slopes shall be planted and maintained with erosion control planting approved by the Director to protect the slopes against erosion as soon as practical and prior to the final approval of the grading. Where cut slopes are not subject to erosion, this requirement may be waived by the Director.

2. An irrigation system or watering facilities may be required by the Director.

3. Building foundations shall be set back from the top of slope a minimum distance of ten feet for all slopes steeper than three horizontal to one vertical unless approved by the Director.

4. The restrictions given in this section are minimum and may be increased by the Director, after review by a civil engineer, if considered necessary for safety or stability or to prevent possible damage from water, soil, or debris.

E. Drainage.

1. Drainage facilities shall be installed as specified by the Director or the soils engineer. All drainage facilities shall be designed to carry surface waters to the nearest practical street, storm drain, or natural watercourse approved by the Director and/or other appropriate governmental agency, as a safe place to deposit such waters. At least two percent grade toward the approved disposal area will be required for the area surrounding the building pads, except as waived by the Director for nonhilly terrain.

2. Adequate provision shall be made to prevent any surface waters from damaging the face of an excavation or fill. All slopes shall be protected from surface water runoff from above by berms or channels.

3. All swales or ditches on drainage terraces shall be graded to provide suitable drainage and designed to prevent erosion, including a suitable lining as specified by the Director.

4. Drainage across lot lines caused by grading is prohibited unless storm drain easements are provided.

F. Lot Grade. The Director, in addition to establishing grades for streets, curbs and sidewalks, shall establish lot grades for residential and all commercial and industrial developments coming within the site control provisions of the zoning ordinance of the city.

G. Retaining Wall Construction. All retaining walls constructed within the city shall be subject to the following standards and restrictions and shall be designed in accordance with the provisions of the latest adopted Uniform Building Code and recognized soils engineering principles and shall be approved by the Director. The following outlines the restrictions:

1. Property Line Setback Material Restrictions. Any retaining wall which is at or within twice its retained height (2xH) from any property line shall be constructed from materials other than wood. This restriction shall supersede any and all other provisions of this section.

2. Retaining Wall Height Restrictions. If the retained height of a wall exceeds three feet, then the following restrictions shall apply:

a. Any vertical structural member which resists the overturning forces imposed by the retained fill shall be constructed of materials other than wood. If, however, in the opinion of the Director, the use of any wood members is a hazard, then all components shall be constructed of materials other than wood.

b. If the retained height of a wall exceeds eight feet, then no wood material may be used in its construction, unless approved by the City Council.

3. Special Loadings and Wheel Loadings (Fire Trucks). Whenever retaining walls are adjacent to restricted or unrestricted vehicular traveled ways, the minimum truck wheel loadings shall be H10-44 as defined in the latest adopted "Standard Specifications for Highway Bridges" of the A.A.S.H.O. The active pressure distribution shall be subject to approval by the Director.

4. Special Backfill Surcharges. The Director shall have the right to request a soils engineer to review and provide special design values for the type and magnitude of backfill loadings on retaining walls.

5. City Details. The walls outlined in Figures 16.08.200B and 16.08.200C may be used without additional structural calculations, if in the opinion of the Director, no special site or soils conditions exist. The application of the standard wall details are subject to the restrictions outlined in subdivisions 1 and 2 of this subsection. See Figure 16.08.200A for clarification of subdivisions 1 through 4 of this subsection. Design and Construction Responsibility. Retaining walls constructed in accordance with City Standards will be accepted without further design computations; however, it is the civil engineer's responsibility to assure himself as to the adequacy of these designs in the use for which he or she intends. Soil conditions, surcharge, and construction methods and quality are still his or her responsibility and nothing in this chapter shall be construed as relieving him or her of this responsibility. Nothing in this chapter shall prevent the engineer from submitting additional designs that are accompanied by designvcalculations and a signed certification testifying to their adequacy for intended use and durability. Such designs shall be checked and approved by the Director. All retaining walls must be approved by the Director prior to issuance of any building permit on the property. Plan-checking Retaining Wall Fee. There shall be a plan-checking fee for retaining walls as specified in the latest adopted Resolution.

6. Retaining Wall Screening. Retaining walls in excess of five feet shall be screened with landscape materials and/or faced with decorative materials subject to the approval of the Director of Community Development.

H. Supported Parking Slabs and Decks. This section shall apply only to driveway or related structures in excess of five feet from buildings.

Any and all columns, beams or joists required or installed as load-carrying members in the support of slabs or decks, subject to vehicular loading, shall be constructed of materials as or more durable than the materials used in constructing the slab or deck. Treated or untreated wood is defined to be the least durable of concrete, steel, or concrete block construction.

The minimum City-stipulated loadings that can be used shall be H10-44 as defined in the latest adopted, “The Standard Specifications for Highway Bridges” of the A.A.S.H.O.

(Ord. 2085, § 2 (part), 2011; Ord. 1777, (part), 1998; Ord. 1143, Exh. A (part), 1981)

A. General. The issuance of a grading permit shall constitute an authorization to do only that work which is approved by the Director and to do such work in conformity with the approved plan.

B. Jurisdiction of Other Agencies. Permits issued under the requirements of this chapter shall not relieve the owner of responsibility for securing required permits for work to be done which is regulated by any other ordinance, code, department or division of the city. Compliance with other agency requirements is mandatory, if applicable.

C. Time Limits. Permits issued under this chapter shall be valid for the period during which the approved grading, filling, and stockpiling of soil, clearing or any other stockpiling of soil, clearing or any other activity governed by this permit, takes place or is scheduled to take place, whichever is shorter. Permittee shall commence permitted activities within sixty days of the scheduled commencement date for grading or the permittee shall resubmit all required application forms, maps, plans, schedules and security to the Director. The Director may require additional fees.

D. Schedule. Permittee shall do the work according to the approved schedule.

E. Storm Damage Precautions. All persons performing any grading operations shall put into effect all necessary precautions to protect persons’ life, limb, health and welfare and private or public property of others from damage of any kind, and to prevent the introduction of excessive sediment into any natural or manmade waterway or drainage facility.

F. Inclement Weather and Wet Season (Winter) Grading. The Director shall have the authority to stop grading during periods of inclement weather when weather-generated problems are not being controlled adequately. No grading shall occur during the wet season of the year (October 1 of one year through April 15 of the following year), unless authorized in advance by a winter grading permit issued by the Director.

If processed separately from the original grading permit for a site, a winter grading permit fee and winter grading permit bond will be assessed at the same rate as a standard grading permit.

Safety Precautions.

A. If at any stage of the work the Director determines by inspection that further grading as authorized is likely to endanger any private or public property or result in the deposition of debris on any public way or interfere with any existing drainage course, the Director may require, as a condition to allowing the work to continue or to be completed, that such reasonable safety precautions be taken as he considers advisable to avoid such likelihood of danger.

B. Notice to comply shall be submitted to the permittee in writing. After a notice to comply is transmitted, a period of ten days shall be allowed for the contractor to begin to make the corrections, unless an imminent hazard exists, in which case the corrective work shall begin immediately.

C. If the Director finds any existing conditions not as stated in the grading permit or approved plans, he may order the work stopped and refuse to approve further work until approval is obtained for a revised grading plan which will conform to the existing conditions.

(Ord. 1944, 2004; Ord. 1143, Exh. A (part), 1981)

A. Compliance with Plans and Requirements. All permits issued hereunder shall be presumed to include the provision that the applicant, his agent, contractors or employees, shall carry out the proposed work in accordance with the approved plans and specifications and in compliance with all the requirements of this chapter.

B. Protection of Utilities. During grading operations the permittee shall be responsible for the prevention of damage to any public utilities or services. This responsibility applies within the limits of grading and along any routes of travel of equipment.

C. Protection of Adjacent Property. The permittee is responsible for the prevention of damage to adjacent property and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property without supporting such property from settling, cracking, or other damage which might result.

D. Requirements for Supervised and Regular Grading. For both supervised and regular grading, the permittee, or his designated agent or the civil engineer shall:

1. Notify the Director at least forty-eight hours in advance of the commencement of grading, filling, stockpiling of soil, clearing or any other activity governed by the permit.

2. Submit to the Director, reports on:

a. Any delays in grading, filling activities, stockpiling of soil, clearing or any other activity governed by the permit;

b. Any other departures from the approved site map and grading plan which may affect implementation of the interim plan as scheduled;

c. Possible delays in obtaining materials, equipment services or manpower necessary to the implementation of the interim plan as scheduled;

d. Any delays in the implementation of the interim plan as scheduled;

e. Any other departures from implementation of the interim plan;

f. The progress of the work on a monthly basis.

(Ord. 1143, Exh. A (part), 1981)

A. Supervised Grading Required. Permittee shall comply with the order to modify within the period specified in the notice. All grading in excess of one thousand cubic yards shall be performed under the supervision of a civil engineer and shall be designated “Supervised Grading.” Grading not supervised in accordance with this section shall be designated “Regular Grading.” For grading involving less than one thousand cubic yards on a site having an average slope of less than ten percent, the permittee may elect to have the grading performed as either supervised grading or regular grading.

B. Supervised Grading Requirements. For supervised grading, it shall be the responsibility of the civil engineer to supervise and coordinate all site inspection and testing during grading operations. Soils and geology reports shall also be required as specified in subsections C and D of Section 16.08.060. All necessary reports, compaction data, and soils engineering and engineering geological recommendation shall be submitted to the Director by the supervising civil engineer. In addition to performing as required above, the permittee shall notify the Director, at least forty-eight hours beforehand of the beginning of land-disturbing or fill activities or stockpiling of soil.

C. Regular Grading Requirements. The Director shall inspect the work and require adequate observation and testing. When a soils report is required the soils engineer shall do the observation and testing.

Periodic observation and test reports showing the compaction and acceptability of all fills shall be required, except as exempted by Section 16.08.120A. These shall include but not be limited to observation of cleared areas and benches prepared to receive fill and removal of all soil and unsuitable materials, the placement and compaction of fill materials; the bearing capacity of the fill to support structures, and the observation or review of the construction of retaining walls, subdrains, drainage devices, buttress fills and other similar measures.

The Director may require sufficient observation to assure that all geologic conditions have been adequately considered.

(Ord. 1143, Exh. A (part), 1981)

All modifications of the approved grading plans and interim plans must be approved by the Director. All necessary soils and geological reports shall be submitted with the plans. No grading work in connection with the proposed modifications will be permitted without the approval of the Director.

Modifications which affect basic tract design or land use must have the approval of the appropriate City agency.

The Director shall review all reports submitted by permittee, where the Director finds:

A. Delays in implementing or departures from the approved site map, grading plan, or interim plan;

B. Problems with or breakdowns in any technique provided for by the interim plan which are attributable to:

1. The plans themselves,

2. Their maintenance methods or schedules,

3. Any other causes which may have a deleterious effect on the quality of receiving waters, or increase surface runoff, erosion or off-site sedimentation.

The Director shall require the site map, grading plan, or interim plan, and maintenance methods and schedules be modified so as to achieve the same level of water quality and surface runoff, erosion and sediment control as would have been achieved had these problems not arisen. The Director shall notify the permittee in writing of the requirement. Permittee shall comply with the order to modify within the period specified in the notice.

(Ord. 1143, Exh. A (part), 1981)

A. Notification of Noncompliance. If in the course of fulfilling his responsibility under this chapter, the supervising civil engineer finds that the work is not being done in conformance with this chapter or the plans approved by the Director, or in accordance with accepted practices, he shall immediately notify the person in charge of the grading work and the Director in writing of the nonconformity and of the corrective measures to be taken.

B. In addition to necessary inspection of grading and drainage work, the Director shall inspect the site for compliance with the interim plan and related conditions of the permit on or about September 15th of each year.

(Ord. 1777, (part), 1998; Ord. 1143, Exh. A (part), 1981)

A. Final Reports. Upon completion of the work, the Director may require the following:

1. The civil engineer shall prepare a final report stating that all grading lot drainage, and drainage facilities have been completed in conformance with the approved plans and this chapter and shall furnish a final grading plan of the completed work.

2. The soils engineering reports shall include written certification of soil bearing capacity, slope stability so that future construction will not be endangered, summaries of field and laboratory tests, location of tests, and shall show limits of compacted fill on the final grading plan.

3. The engineering geology reports shall be based on the final grading plan and shall include specific approval of the grading as affected by geological factors. Where necessary, a revised geologic map, cross sections, and any recommendations regarding building restrictions or foundation setbacks shall be included.

B. Notification of Completion. The permittee or his agent shall notify the Director when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage structures and their protective devices, has been completed and the final grading plan and required reports have been submitted.

(Ord. 1143, Exh. A (part), 1981)

A. Notice. Appeal to the City Council may be made from any decision, determination, or requirement of the Director by filing notice thereof in writing with the City Clerk within ten days after such decision, determination, or requirement is made. Such notice shall set forth in detail the action and the grounds on which the applicant deems himself aggrieved.

B. Report. The City Clerk shall report the filing of such notice to the Director and the City Council. A written report shall be submitted to the City Council by the Director.

C. Action on Appeal. The City Council, at its next regular meeting following the filing of such appeal, shall set appeal for hearing and such hearing may, for good cause, be continued by order of the City Council. Upon the hearing of such appeal, the City Council may sustain, reverse or modify the decision of the Director, and enter any such order or orders as are in harmony with the spirit and purpose of this chapter.

(Ord. 1143, Exh. A (part), 1981)

The Director shall suspend the permit and issue a stop work order, and permittee shall cease all work on the worksite, except work necessary to remedy the cause of the suspension, upon notification of such suspension when:

A. Permittee fails to submit reports timely and in accordance with Section 16.08.190;

B. Inspection by the Director under Section 16.08.240 reveals that the work or the worksite:

1. Is not in compliance with the conditions set forth in Section 16.08.190; or

2. Is not in conformity with the site map, grading plan; or

3. Is at variance with reports submitted under Section 16.08.120 or Section 16.08.130; or

4. Is not in compliance with an order to modify under Section 16.08.230.

C. Permittee fails to comply with an order to modify within the time limits imposed by the Director. (See Section 16.08.230.)

The Director may reinstate a suspended permit upon permittee’s correction of the cause of the suspension.

(Ord. 1143, Exh. A (part), 1981)

The Director may revoke the permit and issue a stop work order, and permittee shall cease work if permittee fails or refuses to cease work, as required under Section 16.08.250 above, after suspension of the permit and receipt of a stop work order and notification thereof.

The Director may not reinstate a revoked permit. The permittee must reapply for another permit.

(Ord. 1777, (part), 1998; Ord. 1143, Exh. A (part), 1981)

Any person who violates the provisions of this chapter including noncompliance with a stop work order issued pursuant to Section 16.08.260 or Section 16.08.270 shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Chapter 1.12.

(Ord. 1777, (part), 1998)

All remedies prescribed in this chapter shall be cumulative, and the use of any remedy by the city shall not bar the use of any other remedy authorized by the California Penal Code, any other statute of the state or other ordinances of the city.

(Ord. 1777, (part), 1998)