Del Rey Oaks Municipal Code Ch. 15.32 Grading

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

Excavation means any act by which earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bull-dozed, and shall include the conditions resulting therefrom.

Fill means any act by which earth, sand, gravel, rock or any other similar materials is deposited, placed, pushed, pulled or transported, and shall include the conditions resulting therefrom.

Grading means excavation or fill or any combination thereof and shall include the conditions resulting from any excavation or fill.

Percent compaction means the dry density of the material at present in the fill divided by the maximum dry density as determined in accordance with A.A.S.H.O. with A.S.T.M. designation D-1557-58T with a ten pound hammer falling free from an 18-inch height above the soil at least 15 blows per layer.

Quarry means any site or parcel of land used for obtaining, extracting or producing rock, crushed stone, building stone, slate, limestone, soil, top soil, sand, dirt, or similar material products on either a commercial bases or for private use.

Site means a lot or parcel of land or a series of lots or parcels of land joined together under one ownership where grading is to be performed and is being performed.

Soils engineer means a civil engineer licensed by the State and experienced in soil mechanics and slope stabilities whose qualifications shall be acceptable to the city engineer.

Supervised grading means grading done under the supervision of a soils engineer.

(Prior code § 11-401)

A. No person shall do any grading without a permit therefor from the city engineer or building inspector if such grading will result in any of the following:

1. An excavation or fill in excess of 100 cubic yards;

2. An excavation three feet or more below a two (horizontal) to one (vertical) descending slope from any property line, or a fill three feet or more above a two (horizontal) to one (vertical) ascending slope from any property line;

3. An excavation or fill within a public sewer, water main, storm drain, or power line easement;

4. An excavation or fill which will encroach on or alter a natural drainage channel or water course.

B. No person shall construct, reconstruct, alter, repair or install any structure in any natural water course without a permit therefor from the city engineer.

C. A separate permit shall be required for each separate noncontiguous site.

(Prior code § 11-402)

No permit shall be required by virtue of this chapter for any of the following:

A. Grading pursuant to a permit for excavation in public streets;

B. Grading in connection with a public improvement or public work for which inspection is provided by the city;

C. Any reclamation or rubbish disposal site operated by the city;

D. Grading by a public utility or a mutual water company in private easements;

E. An excavation below finished grade for basements and footings of a building, swimming pool or underground structure authorized by a valid building permit where the cost of such excavation is included in the building permit valuation. This exception shall not affect the applicability of this chapter to, nor the requirement of a grading permit for, any fill made with the material from such excavation.

(Prior code § 11-403)

Whenever grading is performed on a lot or parcel of land in connection with the construction of a building or structure on such lot or parcel of land for which a permit has been issued by the building inspector, the building inspector shall perform all of the duties specified by this chapter to be performed by the city engineer, except supervision and inspection of work performed on public property or work on drains, dams or revetments which shall be performed by the city engineer. All walls or other similar structures on private property required by the city engineer in connection with permits issued by him shall be construed under a permit from and inspected by the building inspector.

(Prior code § 11-404)

A. To obtain a permit required by this chapter, the applicant shall first file an application therefor in writing, in triplicate, and upon forms furnished by the city. The application shall be signed by the owner of the property where the work is to be performed, or by his duly authorized agent. An agent's authority must be shown in writing.

B. Every such application shall contain the following information:

1. The purpose of the work, and a statement as to whether the purpose of the excavation is to prepare the site for subdivision under the State Subdivision Map Act;

2. The amount of material proposed to be excavated and the amount of fill in cubic yards;

3. The legal description of the property on which the work is to be performed;

4. The street address at the point of access to the property where the work is to be performed;

5. The name and address of the owner of the property on which the work is to be performed;

6. A description of the equipment and methods to be used in performing the work;

7. The name of any person who will haul excavated material to or from the property where the work is to be performed;

8. The name, address and phone number of the person to have effective control of the work;

9. The name, address and phone number of all persons, if any, who will receive excavated materials or have any interest in the proceeds from the sale or disposal of such materials;

10. The route or routes proposed to be followed within the city in coming to and going from the site by the equipment used to haul the excavation or fill equipment;

11. The estimated dates for starting and completing the work to be done;

12. Report of a soils engineer if required by the city engineer;

13. Such further applicable information as the city may required in order to carry out the purposes of this chapter.

(Prior code § 11-405)

A. The application required by the preceding section shall be accompanied by scale plans or drawings, in triplicate prepared and signed by a registered civil engineer, or architect, showing the following:

1. Property lines of the property on which the work is to be performed;

2. Location of any buildings or structures on the property where the work is to be performed, and the location of any building or structure on land of adjacent property owners on which the work is to be performed;

3. Elevations, dimensions, location, extent and the slopes of all work proposed to be done, shown on a contour map; and a certification of the quantity of excavation and fill involved. Such contour map shall show the existing contours of the land and the proposed contours of the land after completion of the proposed work;

4. Detailed plans of all walls, cribs, drains, dams, erosion control planting or other protective devices to be constructed in connection with or as a part of the proposed work, together with a map showing the drainage area and estimated cubic feet per second runoff of the area served by any drain;

5. Such further applicable plans or drawings as the city may require in order to carry out the purposes of this chapter.

B. The city may waive the requirement for scale plans or drawings if they find that the information on the application is sufficient to show that the work will conform to the requirements of this chapter.

(Prior code § 11-406)

When the grading is to be done on a site or on two adjacent sites which are intended to be subdivided into two or more parcels or which involves more than 20,000 cubic yards of excavation or fill, the application shall be referred to the city planning commission for study. The city planning commission shall report on any aspect of the proposed grading, excavation or fill that relates to or affects the master plan or any other zoning plan or zoning regulation of the city. The city planning officer upon completion of investigation shall transmit their report and findings and recommendations to the city council and no permit shall be issued until such report has been received.

(Prior code § 11-407)

A. Each application for a grading permit filed with the city shall be accompanied by a fee, the amount of which shall be as shown in the following table:

500 cubic yards or less .....$ 8.00

500 to 1,000 cubic yards .....10.00

More than 1,000 cubic yards .....10.00 plus

For each additional 1,000 cubic yards .....3.00

or major portion thereof .....3.00

B. Each application for a grading permit which involves construction, reconstruction, altering, repairing or installing any structure in any natural watercourse shall be accompanied by an additional fee of $1.00 for each $100.00 or fraction thereof of estimated value up to $1,000.00. If the estimated value of the work exceeds $1,000.00, there shall be an additional fee of $0.50 for each $100.00 or fraction thereof of estimated value in excess of $1,000.00.

C. The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project.

D. For excavation and fill on the same site, the fee shall be based upon the volume of the excavation or the fill, whichever is greater.

E. Any plan checking fee shall be borne by applicant.

(Prior code § 11-408)

A. Grounds for Denial. Whenever in the judgment of the building inspector the proposed work would directly or indirectly create a hazard to human life or endanger adjoining property or property at a higher or lower level, or any public sewer, storm drain, watercourse, street, street improvement or any other public property, the application shall be denied. If, in the opinion of the building inspector, the danger of hazard can be eliminated by the erection or installation of walls, cribs or other devices, or by a specified method of performing the work, the building inspector may grant the permit upon condition that the specified protection and precautionary work shall be done to his satisfaction, or upon condition that a specified method of performing the work shall be used.

B. Conditions Upon Issuance. In granting any permit under this chapter, the building inspector may attach such condition thereto as may be reasonably necessary to prevent danger to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance. No person shall violate any conditions so imposed by the city. Such conditions may include, but shall not be limited to:

1. Limitations on the hours of operation or the period of the year in which the work may be performed;

2. Restrictions as to the size and type of equipment;

3. Designation of routes upon which materials may be transported;

4. The place and manner of disposal of excavated materials;

5. Requirements as to the laying of dust and tracking of dirt, the prevention of noises and other results offensive or injurious to the neighborhood, the general public or any portion thereof;

6. Designation of maximum or minimum slopes to be used if they vary from those prescribed in this chapter;

7. Regulations as to the use of public streets and places in the course of the work;

8. Regulations as to the degree of compaction of fill material;

9. Requirements as to paving private driveways and roads constructed under the permit;

10. Requirements for safe and adequate drainage of the site;

11. A requirement that approval of the building inspector be secured before any work which has been commenced may be discontinued;

12. A requirement that men and equipment be provided at the site during storms to prevent incomplete work from endangering life or property;

13. Requirements for fencing of excavation or fills which would be hazardous without such fencings.

(Prior code § 11-409)

A. The city shall attach as a condition to any permit issued under Section 15.32.090 a requirement that all equipment used to haul excavation or fill material from or to the site shall follows, a designated route or routes within the city in going from and coming to the site.

B. The route or routes to be followed shall be designated by the city.

C. An applicant shall be entitled to the designation of a route providing access to a specified place other than the site, when he has shown to the satisfaction of the building inspector that such specified place is a place where excavation material may be reasonably deposited or fill material may be obtained, as the case may be.

D. Any determination under this section may be appealed to the city council as hereinafter provided.

(Prior code § 11-410)

A. When Bond Required. If, in the opinion of the building inspector, the nature of the work regulated by this chapter is such that if left incomplete it will create a hazard to human life or endanger adjoining property or property at a higher or lower level, or any street or street improvement, or any other public property, the city council may, before issuing the permit, require a cash bond or surety bond in a form satisfactory to them and approved by the city attorney, in the sum of 100 percent of the estimated cost of the work conditioned upon the faithful performance of the work specified in the permit within the time specified by the city council or within any extension thereof granted by the city council. Such bond shall obligate the principal, his executors, administrators, successors and assigns, jointly and severally, with the surety, and shall inure to the benefit of the city, its officers, employees, and to any person aggrieved by the principal's failure to comply with the conditions thereof. Such bond shall further provide that it will not be cancelled or terminated until at least ten days' notice thereof has been filed with the city clerk.

B. Notice of Default. Whenever the building inspector shall find that a default has occurred in the performance of any term or condition of any permit, written notice thereof shall be given to the principal and to the surety of the bond. Such notice shall state the work to be done, the estimated cost thereof and the period of time deemed by the building inspector to be reasonably necessary for the completion of such work.

C. Duty of Surety. After receipt of such notice the surety must, within the time therein specified, either cause the required work to be performed or, failing therein, pay over to the city the estimated cost of doing the work as set forth in the notice, plus an additional sum equal to ten percent of the estimated cost, but not to exceed the principal sum of the bond. Upon the receipt of such monies, the city shall proceed by such mode as it deems convenient to cause the required work to be performed and completed, but no liability shall be incurred therein other than for the expenditure of the sum in hand therefor. The balance, if any, of such bond funds shall, upon completion of the work, be returned to the surety, after deducting the cost of the work plus ten percent thereof.

D. Disposition of Cash Bond. If a cash bond has been posted, notice of default as provided by the preceding subsection shall be given to the principal, and if compliance is not had within the time specified, the city shall proceed without delay and without further notice or proceedings whatsoever to use the cash deposited, or any portion of such deposit, to cause the required work to be done by contract or otherwise in the discretion of the city engineer. The balance, if any, of such cash deposit shall, upon completion of the work, be returned to the depositor, or to his successors or assigns, after deducting the cost of the work plus ten percent thereof.

E. Right of Entry. In the event of any default in the performance of any term or condition of the permit for the work, the surety or any person employed or engaged on his behalf, shall have the right to go upon the premises to complete the required work or make it safe.

F. Interference Prohibited. No person shall interfere with or obstruct the ingress to or from any such premises by an authorized representative or agent of any surety or of the city engaged in completing the work required to be performed under the permit or in complying with the terms or conditions thereof.

G. Term of Bond—Completion. The term of each bond posted shall begin upon the date of the posting thereof and shall end upon the completion to the satisfaction of the building inspector of all of the terms and conditions of the permit for the work. Such completion shall be evidenced by a statement thereof signed by the building inspector, a copy of which will be sent to any surety or principal upon request. When a cash bond has been posted, the cash shall be returned to the depositor or to his successors or assigns upon the termination of the bond, except any portion thereof that may have been used.

(Prior code § 11-411)

If, in the opinion of the building inspector, the nature of the work regulated by this chapter is such that it might create a hazard to human life or endanger adjoining property or property at a higher or lower level, or any street or street improvement, or any other public property, then the city council may, before issuing the permit require that the applicant for a permit file a certificate showing that he is insured against claims for damages for personal injury as well as claims for property damage, including damage to the city by deposit or washing of material onto city streets or other public improvements, which may arise from or out of the performance of the work, whether such performance be by himself, his subcontractor or any person directly or indirectly employed by him, and the amount of such insurance shall be prescribed by the city council in accordance with the nature of the risks involved. Any such insurance shall include protection against liability arising from completed operations. Any such insurance shall be written by a company which meets with the approval of the city and shall insure the city, its officers, agents and employees against loss or liability which may arise during the performance of, or which may result from, any work herein required to be done.

(Prior code § 11-412)

No permit required by Section 15.32.020 shall be transferable without the written consent of the city council.

(Prior code § 11-413)

A. Revocation. Any permit, issued under this chapter may be revoked by the city council after notice and hearing for:

1. Violation of any condition of the permit;

2. Violation of any provision of this chapter or any other applicable ordinance or law relating to the work;

3. The existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others.

4. Written notice of the time and place of such hearing shall be served upon the person to whom the permit was granted, or his agent or employee engaged in the work, at least three days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking such permit. Notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope with postage prepaid, addressed to such person to be notified at the address appearing in his application. In the event any appeal is taken from the decision of the city council in the manner prescribed by the following section, all work shall be stopped while the appeal is pending.

B. Suspension. Any permit issued under this chapter may be suspended by the building inspector without hearing and for a period not exceeding ten days, whenever the city council has issued a notice of hearing for revocation of permit. Any such suspension shall terminate upon its expiration date or upon the rendering of a decision on the question of revocation, whichever shall first occur. No work shall be authorized or performed under any permit during such time as it may be suspended.

(Prior code § 11-414)

Any applicant for a permit or permittee aggrieved by any action of the building inspector may appeal to the council by filing with the city clerk a written notice thereof within five days from the date of mailing or receipt of notice of such action by the building inspector, whichever first occurs. The aggrieved person shall be given a hearing before the council, after which the council shall have discretion to grant or deny the appeal or modify the decision of the building inspector, and its decision shall be final.

(Prior code § 11-415)

Every permit issued under the provisions of this chapter shall expire at the end of the period of time set out in the permit. If the permittee shall be unable to complete the work within the specified time, he shall, prior to expiration of the permit, present in writing to the building inspector a request for an extension of time, setting forth therein the reasons for the requested extension. If, in the opinion of the building inspector, such an extension is necessary, he may grant additional time for the completion of the work.

(Prior code § 11-416)

A. The holder of any permit issued hereunder shall notify the building inspector as follows:

1. Initial Inspection. Whenever work on the grading, excavation, or fill is ready to be commenced, notification shall be given 24 hours before any work is done;

2. Rough Grading. When all rough grading has been completed;

3. Final. When all work including installation of all drainage structures and other protective devices has been completed.

B. Upon receiving such notice, the building inspector shall promptly inspect the work and shall either approve the same or notify the permittee in what respects there has been failure to comply with the requirements of this chapter. Any portion of the work which does not comply shall be promptly corrected by the permittee.

(Prior code § 11-417)

In addition to the inspection of any fills made by the city engineer, the city engineer may require a certificate by a soils engineer stating that the site was prepared and the fill placed as specified.

(Prior code § 11-418)

A. Slope Standards Generally. No permanent excavation shall be made with a cut face steeper in slope than three horizontal to two vertical, unless a retaining wall or other approved support is provided to support the face of the excavation.

B. Deviation from Slope Standard. The city engineer may upon request permit deviations from the above standard; provided, that the owner shall first furnish the city engineer with a written opinion of a soils engineer, certifying that he has investigated the site and that the proposed deviations will not endanger any property.

C. Toe of Fill. The toe of filled slopes shall be located five feet or one-half of the vertical height of the fill from any adjoining property line, whichever is greater, but such distance need not exceed ten feet.

D. Applicability of Section. This section applies to all fills in the city regardless of whether a permit is required by this chapter for such fills, except that the tests and reports specified by this section shall not be necessary in connection with fills for which no permit is required.

(Prior code § 11-419)

A. Slope Standards. No fill shall be made which creates any exposed surface steeper in slope than three and one-half horizontal to two vertical. The city engineer may, upon request, permit deviations from the above standard; provided, that the owner furnish him with the written opinion of a soils engineer certifying that he has investigated the site and that the proposed deviations will not endanger any property.

B. When Fill Surface to Be Flatter. The city engineer may require that the owner furnish a written opinion of a soils engineer certifying that he has investigated the site and recommending maximum allowable fill slope and type of slope treatment for stability.

C. Toe of Fill. The toe of filled slopes shall be located five feet or one-half of the vertical height of the fill from any adjoining property line, whichever is greater, but such distance need not exceed ten feet.

D. Applicability of Section. This section applies to all fills in the city regardless of whether a permit is required by this chapter for such fills, except that the tests and reports specified by this section shall not be necessary in connection with fills for which no permit is required.

(Prior code § 11-420)

A. To Be Compacted. All fills shall be compacted unless the city engineer finds that such compaction is not required as a safety measure to aid in preventing the saturation, adverse settlement, slipping or erosion of the fill. Where compaction is required it shall be made to a minimum of 90 percent compaction, as defined in Section 15.32.010, and made under supervised grading. The city engineer may specify the maximum thickness of the layers of fill to be compacted.

B. General Requirements. Fills shall be compacted, inspected and tested in accordance with the following provisions:

1. The space over which fills are to be made shall first be cleared of all trash, brush, trees, stumps, timber or debris and shall be scarified.

2. All filling shall be done with good sound earth, gravel or materials approved by the city engineer.

3. When an existing fill is to be widened or a new fill is to be made on a hillside, the new material shall be bonded to the old by plowing deep longitudinal furrows, or by removing top soil and vegetation and by compacting the fill upon a series of terraces.

4. All exposed fill slopes shall be protected immediately upon completion with landscaping, an approved sprinkler system or other erosion-control devices approved and deemed necessary by the city engineer.

5. In addition to the inspection of any fills by the city engineer, the city engineer may require that a written report in duplicate be submitted by a soils engineer certifying results of tests of the fill at selected stages. If favorable conditions exist the city engineer may by prior approval waive requirements for supervision or soil testing.

6. If the fill is to support buildings, structures or roadways, the city engineer may require the report to include recommendations on bearing capacities.

(Prior code § 11-421)

The owner of any property on which an excavation or fill has been made pursuant to a permit granted under this chapter, or any other person or agent in control of such property, shall maintain in good condition and repair all retaining walls, cribbing, drainage structures, planted slopes and other protective devices shown in the approved plans or drawings submitted with the application for the grading permit.

(Prior code § 11-422)

Whenever the city determines by inspection that any existing excavation or fill from any cause has become a menace to life or limb, or endangers property, or affects the safety, usability or stability of any public property, the owner of the property upon which such excavation or fill is located, or other person or agent in control of the property upon receipt of notice in writing from the building inspector so to do, shall, within 180 days from the date of such written notice, repair or reconstruct such excavation or fill so that it will conform to the requirements of this chapter or otherwise repair, reconstruct, strengthen or eliminate such excavation or fill in a manner satisfactory to the building inspector so that it will no longer constitute a menace or danger as aforesaid. A shorter period of time may be specified by the city if an imminent and immediate hazard is found to exist. Any person receiving notice as set out in this section may appeal from the notice of the city council in the manner provided in Section 15.23.150.

(Prior code § 11-423)

A. Drainage Generally. All graded sites shall be developed so as to provide control of storm and surface waters. Adequate provision shall be made to prevent any storm or surface waters from damaging the cut face of an excavation or the sloping face of a fill. All drainage provisions shall be subject to the approval of the building inspector or the city engineer, and shall be of such design as to carry storm and surface waters to the nearest practical street, storm drain, or natural water course, approved by the city engineer as a safe place to deposit and receive such waters.

B. Eave Gutters. All buildings on graded sites shall be equipped with eave gutters or ground gutters so that all storm waters falling upon the roof will be collected and conducted to an approved location in a nonerosive device.

C. Building Pads. Building pads on graded sites shall be sloped at a minimum of two percent to the street or an approved drainage device.

D. Footing Excavations. Footings on graded sites shall extend above the elevation of the whole point of the street curb a minimum of six inches plus two percent of the distance from the footing to the curb. Where the site drains to an approved drainage device the footing shall extend above the elevation of the low point of the device a minimum of six inches plus two percent of the distance from the footing of the device.

E. Subdrainage. Where deemed necessary by the building inspector or city engineer adequate subdrainage shall be provided in connection with fills.

(Prior code § 11-424)

If at any stage of work on an excavation or fill the building inspector determines by inspection that the nature of the formation is such that further work as authorized by an existing permit is likely to endanger any property or public way, the building inspector may require as a condition to allowing further work to be done that such reasonable safety precautions be taken as the building inspector considers advisable to avoid such likelihood of danger. Such safety precautions may include, but shall not be limited to, specifying a flatter exposed slope, construction of additional drainage facilities, berms, terracing, compaction or cribbing.

(Prior code § 11-425)

No person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley or other public property without supporting and protecting such public street, sidewalk, alley or other public property from settling, cracking, or other damage which might result from such excavation. Should the nature of the excavation in the opinion of the building inspector create a hazard to life unless adequately fenced, the applicant shall construct such fences or guard rails to safeguard persons using the public street, sidewalk, alley or other public property as the building inspector may require.

(Prior code § 11-426)

A. No person shall dump, move or place any earth, sand, gravel, rock, stone or other excavated material so as to cause the same to be deposited upon or to roll, flow or wash upon or over the premises so affected or upon or over any public place or way.

B. No person shall, when hauling any earth, sand, gravel, rock, stone or other excavated material over any public street, alley or other public place, allow such materials to blow or spill over and upon such street, alley or place or adjacent private property.

C. If due to a violation of subsection (A) or (B) of this section, any earth, sand, gravel, rock, stone or other excavated material is caused to be deposited upon or to roll, flow or wash upon any public place or way, the person responsible therefor shall cause the same to be removed from such public place or way within 24 hours. In the event it is not so removed, the city shall cause such removal and the cost of such removal by the city shall be paid to the city by the person who failed to so remove the material.

(Prior code § 11-427)

No person, except pursuant to a written order of the building inspector, shall denude and destroy the natural cover of any watershed, except for the immediate use and occupation of the property so denuded in accordance with and subject to all applicable provisions of the zoning ordinance and the building code.

(Prior code § 11-428)

A. Building shall not be constructed upon cut or fill slopes steeper than a slope of two horizontal to one vertical unless otherwise authorized by the building inspector. Buildings shall be located clear of the toe of cut or fill slopes which are steeper than a slope of two horizontal to one vertical the following distances unless otherwise authorized by the city engineer:

1. Three feet provided the slope does not extend more than six feet in height;

2. One-half the vertical height of the slope for slopes between six feet and twenty feet in height;

3. Ten feet for slopes extending more than twenty (20) feet in height;

4. Exception: Garages, attached or detached, may be constructed three feet clear of the toe of conforming cut or fill slopes.

B. Conforming cut or fill slopes 20 feet or more in vertical height shall be provided with a four foot high engineered retaining wall at their toe for that portion of the slope paralleling any buildings and distant therefrom less than ten feet.

(Prior code § 11-429)

A. Upon completion of the project the permittee or a civil engineer in charge of the project in his behalf shall certify in writing to the building inspector that the project was done in conformity with the provisions of this chapter, the permit and plans and specifications submitted to the building inspector and shall furnish a final contour map and shall certify to the soil bearing capacity of the fill.

B. If upon final inspection of any excavation or fill, it is found that the work authorized by the permit has been satisfactorily completed in accordance with the requirements of this chapter, the permit and the plans and specifications, a completion certificate covering such work be issued for each lot.

(Prior code § 11-430)

No person shall cause or allow persistence of a condition on any site that would cause accelerated erosion. Accelerated erosion is defined as rapid erosion caused by human induced alteration of the vegetation, land surface topography or run-off patterns.

(Prior code § 11-431)