Daly City Municipal Code Ch. 15.62 Grading, Erosion and Sediment Control

This chapter shall be known as the "City of Daly Grading, Erosion and Sediment Control Ordinance" and may be so cited.

(Ord. 1213 § 1 (part), 1995)

The purpose of this chapter is to provide for safe grading operations, to safeguard public health and property, and to preserve and enhance the natural environment, including, but not limited to, water quality, by regulating site clearing, grading and erosion control on all public and private properties.

(Ord. 1213 § 1 (part), 1995)

This chapter sets forth rules and regulations to control site clearing, vegetation disturbances, landfills, land excavations, soil storage, and other such activities which may cause sediments and other pollutants to enter the public drainage facilities. This chapter establishes the regulations, permit requirements, procedures for administration and enforcement of permits to properly control the aforementioned activities to preserve and enhance public health, safety and environment.

(Ord. 1213 § 1 (part), 1995)

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

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

"As-graded" means the surface conditions after completion of grading.

"Bedrock" means in-place solid rock.

"Bench" means a relatively level step excavated into earth material or created in the earth.

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

"City" means the City of Daly City, California.

"City engineer" means the city engineer of the city or his/her authorized agent. The chief building inspector of the city is an authorized agent of the city engineer.

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

"Grade" means the vertical location of the ground surface.

"Existing grade" means the grade prior to grading.

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

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

"Grading" means any land disturbance land excavation, land fill, or combination thereof.

"Key" means a design-compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.

"Land disturbance/land-disturbing activities" means any moving or removing by manual or mechanical means of the soil mantle or top six inches of soil whichever is shallower, including but not limited to excavations.

"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.

"Sediment" means earth material transported by water or wind.

"Site" means a parcel or parcels of real property owned by one or more than one person being developed as a single project.

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

"Wet season" means the winter period generally between October 15th through April 15th.

(Ord. 1213 § 1 (part), 1995)

Whenever the city engineer or his/her authorized representative determines that any existing excavation or embankment or fill on private property has become a potential 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 agency in control of said property, upon receipt of notice in writing from the city engineer or his/her representative, shall within a period specified therein repair or eliminate the hazard and be in conformance with the requirements of this code.

(Ord. 1213 § 1 (part), 1995)

Neither this chapter nor any administrative decision made under it:

A. Exempts the permittee 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.

(Ord. 1213 § 1 (part), 1995)

No person may grade, fill, excavate, store or dispose of soil and earth materials or perform any other land-disturbing or land-filling activity which may cause erosion without first obtaining a city permit as set forth in this chapter.

(Ord. 1213 § 1 (part), 1995)

All land-disturbing or land-filling activities or soil storage shall be undertaken in a manner designed to minimize surface runoff, erosion and sedimentation and to safeguard life, limb, property, and the public welfare. A person performing such activities need not apply for a permit pursuant to this chapter, if all the following criteria are met:

A. The site upon which land area is disturbed or filled is three thousand square feet or less.

B. Natural and finished slopes are less than ten percent.

C. Volume of soil or earth materials stored is fifty cubic yards or less.

D. Rainwater runoff is diverted, either during or after construction, from an area smaller than one thousand five hundred square feet.

E. No drainage way is blocked or has its stormwater-carrying capacities or characteristics modified.

(Ord. 1213 § 1 (part), 1995)

Sections 15.62.070 and 15.62.080(A) through (E) notwithstanding, the following activities are exempt from the permit requirements:

A. An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit which shall not allow silt or sedimentation to escape the site onto other property or a drainage course. 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 the structure;

B. Cemetery graves;

C. Refuse disposal sites controlled by other regulations;

D. Excavation for wells and tunnels which shall not allow silt or sedimentation to escape the site onto other properties or a drainage course;

E. Exploratory excavations under the direction and/or supervision of soil engineers or engineering geologists which shall not allow silt or sedimentation to escape the site onto other properties or a drainage course;

F. Routine agricultural crop management practices;

G. Emergencies posing an immediate danger to life or property, or substantial flood or fire hazards;

H. Any activity where total volume of material disturbed, stored, disposed of or used as fill does not exceed fifty cubic yards and which does not allow escape of any silt or sedimentation onto other properties and drainage courses.

(Ord. 1213 § 1 (part), 1995)

The application for a permit must provide all information required by the city engineer including the following items:

A. Completed application form;

B. Site map and grading plan;

C. Erosion and sediment control plan;

D. Soil engineering report, where required;

E. Engineering geology report, where required;

F. Work schedule;

G. Application fees;

H. Performance bond or other acceptable security;

I. Any supplementary material required by the city engineer or his/her authorized representative.

(Ord. 1213 § 1 (part), 1995)

The applicant shall provide all information regarding the intended grading operation and as required on the application form. The application form shall be signed by the owner(s) of the site or the owner's authorized representative.

(Ord. 1213 § 1 (part), 1995)

The application must accompany vicinity map, site plan and the grading plans. When such plans are not prepared by a licensed engineer, the applicant must demonstrate that state law does not require that the plans be prepared by a licensed engineer. The city retains sole discretion to require plans, design calculations and specifications to be prepared by a licensed engineer certified by the state to practice as such even if not required by state law. The site map and grading plan shall contain all the following information:

A. Existing and proposed topography of the site taken at a contour interval sufficiently detailed (one- or two-foot interval) to define the topography over the entire site. Ninety percent of the contours shall be plotted within one contour interval of the true location;

B. The grading plan shall show topography of the adjacent property at least ten feet beyond the property lines of the site to adequately show on- and off-site drainage and grading limits;

C. Site's property lines shown in true location with respect to the plan's topographic information;

D. Location and graphic representation of all existing and proposed natural and man-made 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 excavations and fills, of on-site storage of soil and other earth material, and of on-site disposal;

G. Quantity of soil or earth material in cubic yards to be excavated, filled, stored or otherwise utilized on-site;

H. Location of existing vegetation types and the location and type of vegetation to be left undisturbed and shall include location of waterways and/or riparian habitats;

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

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

K. 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 feet of the property or which may be affected by the proposed grading operations;

L. An estimate of the cost of implementing the grading plan.

(Ord. 1213 § 1 (part), 1995)

The erosion and sediment control plan shall be prepared in compliance with the provisions of the Manual of Standards for Erosion and Sediment Control Measures, published by the Association of Bay Area Governments (ABAG). All the following information shall be provided with respect to conditions existing on the site during land-disturbing or filling activities or soil storage:

A. Maximum surface runoff from the site shall be calculated using the method approved by the city engineer;

B. 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 for sediment detention basins and traps, and a schedule for their maintenance and upkeep;

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

D. A delineation and brief description of the vegetative measures to be used, including, but not limited to, types of seeds and fertilizer and their application rates, the type, location and extent of pre-existing and undisturbed vegetation types, and a schedule for maintenance and upkeep;

E. Any other erosion control measures deemed appropriate by the city engineer or his/her authorized representative;

F. 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 city engineer or his/her authorized representative.

(Ord. 1213 § 1 (part), 1995)

A soil engineering report, when required by the city engineer, shall be based on adequate and necessary test borings, and shall contain all the following information:

A. Data regarding the nature, distribution, strength and erodibility of existing soils;

B. Data regarding the nature, distribution, strength and erodibility of soil to be placed on the site, if any;

C. Conclusions and recommendations for grading procedures;

D. Conclusions and recommended designs for interim soil stabilization devices and measures and for erosion and sediment control and permanent soil stabilization after construction is completed;

E. Design criteria for corrective measures for erosion and grading control measures when necessary;

F. Opinions and recommendations covering adequacy of sites to be developed by the proposed grading.

Recommendations included in the report and approved by the city engineer or his/her representative shall be incorporated in the grading plans or specifications.

(Ord. 1213 § 1 (part), 1995)

An engineering geology report, when required by the city engineer or his/her authorized representative, shall be based on adequate and necessary test borings and shall contain the following information:

A. An adequate description of the geology of the site;

B. Conclusions and recommendations regarding the effect of geologic conditions on the proposed development;

C. Opinions and recommendation covering the adequacy of sites to be developed by the proposed grading;

Recommendations included in the report and approved by the city engineer or his/her authorized representative shall be incorporated in the grading plans or specifications.

(Ord. 1213 § 1 (part), 1995)

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

A. Proposed grading schedule;

B. Proposed schedule for installation and maintenance 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 during the wet season.

(Ord. 1213 § 1 (part), 1995)

The applicant shall provide security for the performance of the work described and delineated on the approved grading plan in an amount to be set pursuant to the schedule of fees to be established by resolution by the city council. The form of security shall be one or a combination of the following to be determined by the city engineer or his/her authorized representative:

A. Bond or bonds issued by one or more duly authorized corporate sureties admitted to provide surety services in the State of California. The form of the bond or bonds shall be subject to the approval of the city attorney;

B. 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 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; or

C. Cash in U.S. currency.

(Ord. 1213 § 1 (part), 1995)

(Ord. No. 1366, § 3, 3-25-2013)

Fees are to be paid pursuant to a schedule of fees adopted, and amended from time to time by resolution of the city council.

(Ord. 1213 § 1 (part), 1995)

The city engineer shall review all documents submitted pursuant to this chapter and, if necessary, request additional data, clarification of submitted data or correction of defective submissions. The city engineer shall notify applicant of its decision on the permit within twenty working days of the initial submission or of the corrected submissions, whichever is later.

(Ord. 1213 § 1 (part), 1995)

Permits issued under this chapter shall be valid for the period during which the proposed land-disturbing or filling activities and soil storage takes place or is scheduled to take place, including a reasonable time period to establish a permanent vegetation groundcover. Permittee shall commence permitted activities within thirty days of the scheduled commencement date for grading or the permittee shall resubmit all required application forms, maps, plans, schedules and security to the city engineer except where an item to be resubmitted is waived by the city engineer. The city engineer may require additional fees for resubmittals.

(Ord. 1213 § 1 (part), 1995)

The applicant may request a hearing before the city council by filing a request with the city clerk within ten calendar days of notification of a permit denial. The city clerk shall set a date for the city council to determine the matter which shall not be less than ten calendar days nor more than fifty calendar days from the date the hearing request was filed.

(Ord. 1213 § 1 (part), 1995)

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:

A. Meet all the requirements of this chapter except that an interim plan designed to control runoff and erosion on the site for the period of time during which the site, or portions thereof, remain unimproved must be submitted in lieu of a final plan; and

B. Submit executed post-grading contract(s) as defined in Section 15.62.260 after completion of grading.

(Ord. 1213 § 1 (part), 1995)

City engineer shall issue a permit upon approval of a grading plan, interim plan, and where required, final plan, soil engineering report, and engineering geology report, deposit of appropriate security and payment of fees. Permit shall be issued subject to the following conditions:

A. The permittee shall maintain a copy of the permit, approved plans and reports required by this chapter on the work site and make these available for city inspection during all working hours.

B. The permittee shall, at all times, be in conformity with approved grading plan, interim and final plans.

(Ord. 1213 § 1 (part), 1995)

In addition to performing as required under Section 15.62.230:

A. Unless this requirement is waived by the city engineer, permittee shall notify the city engineer at least two working days in advance of the following:

1. The beginning of the permitted activity;

2. The completion of rough grading;

3. The completion of finished grading;

4. The installation of all erosion and sediment control measures and the completion of planting requirements;

5. Readiness of the site for city inspection, including, but not limited to, completion of rough grading, completion of finished grading, installation of drainage devices and final erosion control measures as set forth under the permit.

B. Permittee shall submit to the city engineer, reports 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 land-disturbing or filling activities or soil storage;

3. The work is not being done in conformance with the approved grading, interim or final plans;

4. There are any departures from the approved grading plan which may affect implementation of the interim or final plans as scheduled;

5. There are any delays in the implementation of the interim or final plans;

6. There are any other departures from implementation of the interim or final plans.

C. Permittee shall submit recommendations for corrective measures, if necessary and appropriate, with the reports made under this chapter.

(Ord. 1213 § 1 (part), 1995)

A. The city engineer shall review all reports submitted by permittee. The city engineer may require permittee to modify the grading plan, interim or final plans, and maintenance methods and schedules. The city engineer shall notify the permittee in writing of the requirement and specify a reasonable period of time within which permittee must comply. All modifications are subject to city engineer's approval.

B. 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 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 permittee's engineer shall provide certification that the work was done in accordance with the final approved grading plan.

2. A soil grading report prepared by a registered soil engineer including locations and elevations of field density tests, summaries of field and laboratory tests and other substantiating data and comments on any changes made during grading and their effect on the recommendations made in the soil engineering investigation report. The soil engineer shall provide certification as to the adequacy of the site for the intended use.

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

(Ord. 1213 § 1 (part), 1995)

Upon completion of final grading and permanent improvements, where such permanent improvements are planned at the time grading is performed, permittee shall submit:

A. Executed contract(s) for maintenance and upkeep of final plan runoff and erosion control measures for a two-year period after completion of permit. A deed restriction requiring maintenance, instructions on maintenance procedures shall be provided to subsequent owners or warranty security may be required.

B. City engineer may waive or modify these provisions where appropriate.

(Ord. 1213 § 1 (part), 1995)

The city engineer may elect to institute the following procedures set forth in this section as an alternate to any other enforcement procedures available to the city:

A. The city engineer or his/her authorized representative may suspend the permit and issue a stop work order, and permittee shall cease all work on the work site, except work necessary to remedy the cause of the suspension, upon notification of such suspension when:

1. The city engineer determines that the permit was issued in error or on the basis of incorrect information supplied, or in violation of any chapter or regulation or the provisions of this chapter;

2. Permittee fails to submit reports when required under Sections 15.62.240 and 15.62.250;

3. Inspection by the city engineer under this chapter reveals that the work or the work site:

a. Is not in compliance with the conditions set forth in this chapter,

b. Is not in conformity with the grading plan, interim or final plan as approved or as modified, or

c. Is not in compliance with an order to modify under Section 15.62.250;

4. Permittee fails to comply with an order to modify within the time limits imposed by the city engineer;

5. Permittee fails to obtain permission for wet season activity.

B. The city engineer 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 above, after suspension of the permit and receipt of a stop work order and notification thereof.

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

(Ord. 1213 § 1 (part), 1995)

Any person, firm, corporation or agency acting as principal agent, employee or otherwise, who fails to comply with the provisions of this chapter shall be guilty of a misdemeanor unless filed by the city attorney as an infraction.

(Ord. 1213 § 1 (part), 1995)

The city engineer may act against the appropriate security if any of the conditions listed in subsections A through D of this section exists. The city engineer shall use funds from the appropriate security to finance remedial work undertaken by the city or a private contractor under contract to the city, and to reimburse the city for all costs incurred in the process of the remedial work.

A. The permittee ceases land-disturbing activities and/or filling and abandons the work site prior to completion of the grading plan;

B. The permittee fails to conform to the interim plan or final plan as approved or as modified and has had his/her permit revoked;

C. The techniques utilized under the interim or final plan fail within one year of installation, or before a final 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 protect public health, safety and welfare and to control erosion from the site.

(Ord. 1213 § 1 (part), 1995)

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

(Ord. 1213 § 1 (part), 1995)

All grading in excess of five thousand cubic yards shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as "engineered grading."

A. Engineered Grading Requirements. The engineered grading plan shall be prepared with due consideration for all recommendations from the soil engineering and engineering geology reports prepared for the site or its vicinity. Engineered grading work shall be undertaken under the direction of a qualified civil engineer who shall be responsible for the establishment of line, grade, drainage and proper implementation of the approved grading plan. The civil engineer shall act as the liaison between the other professionals, the contractor and the city engineer. The civil engineer also shall be responsible for the preparation of revised plans and the submission of as-graded grading plans upon completion of the work. The civil engineer shall submit in a form prescribed by the city engineer a statement of compliance to said as-built plan.

Soil engineering and engineering geology reports shall be submitted as required by the city engineer. During grading all necessary reports, compaction data and soil engineering and engineering geology recommendations shall also be requested and reviewed by the civil engineer who shall certify the adequacy of the reports and other test data related to the grading.

The soil 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 design of buttress fills, where required, incorporating data supplied by the engineering geologist.

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. The engineering geologist shall report his/her findings to the soil engineer and the civil engineer for engineering analysis.

B. The city engineer shall inspect the engineering work as required under this chapter and at any more frequent intervals necessary to determine that adequate control is being exercised by the professional consultants.

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 or his/her authorized representative has cause to believe that geologic factors may be involved, the grading operation will be required to conform to "engineering grading" requirements.

C. If, in the course of fulfilling their responsibility under this chapter, the civil engineer, the soil engineer, the engineering geologist or the testing agency finds that the work is not being done in conformance with this chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the city engineer.

D. If the civil engineer, the soil 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. 1213 § 1 (part), 1995)

A. For commencement of land-disturbing or filling activity during the wet season, applicant shall demonstrate to the satisfaction of the city engineer that land disturbance is relatively minor and that erosion and sedimentation can be controlled.

B. For continuation of land-disturbing or filling activities, other than installation, maintenance or repair of measures in the interim or final plans, during the wet season, permittee must apply for and receive, every five working days, special permission to proceed.

C. The city engineer shall grant permission under this section on the basis of weather forecasts, experience and other pertinent factors which indicate the activity may commence or continue without excessive erosion occurring.

D. Applicant/permittee's failure to obtain permission for wet season activity shall result in the imposition of suspension/revocation, and action against the security or criminal penalties as described herein.

(Ord. 1213 § 1 (part), 1995)

A. General. Unless otherwise recommended in the approved soil engineering and/or engineering geology report, cuts shall conform to the provisions of this section.

B. Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use. Cut slopes shall be no steeper than two horizontal to one vertical unless otherwise specified by a qualified civil engineer/engineering geologist and approved by the city engineer.

C. Drainage and Terracing. Drainage and terracing shall be provided as required by Section 15.62.360.

(Ord. 1213 § 1 (part), 1995)

A. General. Unless otherwise recommended in the approved soil engineering report, fills shall conform to the provisions of this section.

In the absence of an approved soil 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 unless specifically recommended by a qualified civil engineer or engineering geologist and approved by the city engineer.

C. Preparation of Ground. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials, scarifying to provide a bond with the new fill, and, where slopes are steeper than five to one, and the height is greater than five feet, by benching into sound bedrock or other competent material as determined by the civil engineer and/or engineering geologist. The bench under the toe of a fill on a slope steeper than five to one shall be at least ten 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 feet wide but the cut must be made before placing fill and approved by the civil engineer and/or engineering geologist as suitable foundation for fill. Unsuitable soil is soil which, in the opinion of the city engineer, the civil 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 inorganic material shall not be permitted in fills. Except as permitted by the city engineer and/or a qualified civil engineer retained by the owner, no rock or similar irreducible material with a maximum dimension greater than twelve inches shall be buried or placed in fills.

Exception: The city engineer may permit placement of larger rock when the soil 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 twelve inches in maximum dimension shall be ten 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 of maximum density as determined by UBC Standard No. 70-1. Field density shall be determined in accordance with UBC Standard 70-2 or equivalent as approved by the city engineer.

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 horizontal to one vertical.

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 15.62.360.

(Ord. 1213 § 1 (part), 1995)

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, soil 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.

C. Design Standards for Setbacks. Setbacks between graded slopes (cut or fill) and structures shall be provided.

(Ord. 1213 § 1 (part), 1995)

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

B. Terrace. Terraces at least six feet in width shall be established at not more than thirty-foot 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 feet and up to one hundred twenty feet in vertical height, one terrace at approximately mid-height shall be twelve feet in width. Terrace widths and spacing for cut and fill slopes greater than one hundred twenty feet in height shall be designed by the civil engineer and approved by the building official. Suitable access shall be provided to permit proper cleaning and maintenance.

A single run of swale or ditch shall not collect runoff from a tributary area exceeding thirteen thousand five hundred square feet (projected) without discharging into a downdrain.

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 drainageway approved by the city engineer and/or other appropriate jurisdiction as a safe place to deposit such waters. Erosions of ground in the area of discharge shall be prevented by installation of nonerosive downdrains or other devices.

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

Exception: The gradient from the building pad may be one percent if all the following conditions exist throughout the permit area:

1. No proposed fills are greater than ten feet in maximum depth;

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

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

E. Interceptor Drains. 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 feet measured horizontally. Interceptor drains shall be paved with a minimum of three inches of concrete or gunite and reinforced. They shall have a minimum depth of twelve inches and a minimum paved width of thirty inches measured horizontally across the drain. The slope of drain shall be approved by the city engineer.

(Ord. 1213 § 1 (part), 1995)