Dublin Municipal Code Art. I General Provisions

This chapter is enacted for the purpose of regulating grading on private property within the city to safeguard life, limb, health, property, and public welfare; to avoid pollution of watercourses with nutrients, sediments, or other earthen materials generated on or caused by surface runoff on or across the permit area; and to ensure that the intended use of a graded site is consistent with the city general plan, any specific plans adopted thereto, and applicable city ordinances, including the zoning ordinance.

(Ord. 56-87 § 1)

This chapter shall be administered by the city.

(Ord. 56-87 § 12)

Unless the particular provision or the context otherwise requires, wherever the following terms are used in this chapter, they shall have the meaning ascribed to them in this section:

“Agricultural operation”

means any land related activity for the purpose of cultivating or raising plants or animals or conserving or protecting lands for such purposes when conducted on agriculturally zoned lands and is not surface mining or borrow pit operations nor preparation for construction or construction of any structure for human occupancy.

“Bedrock”

means the solid undisturbed rock in place either exposed at the ground surface or beneath surficial deposits of loose rock or soil.

“Bench”

means a relatively level step excavated into sloping natural ground on which engineered fill or embankment fill is to be placed.

“Civil engineer”

means a professional engineer registered as a civil engineer by the state of California.

“Compaction”

means the increase of density of a soil or rock fill by mechanical means.

Cut.

See “Excavation.”

“Depth of excavation (cut)”

means the vertical dimension from the exposed cut surface to the original ground surface.

“Depth of fill”

means the vertical dimension from the exposed fill surface to the original ground surface.

“Director of public works”

means the Director of Public Works or the City Engineer of the city, acting either directly or through their authorized deputies.

Embankment.

See “Fill.”

“Encroachment permit”

means a written permit authorizing certain work within a publicly maintained right of way.

“Engineering geologist”

means a registered geologist certified as an engineering geologist by the state of California.

“Engineering geology”

means the application of geologic knowledge in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

“Erosion”

means the wearing away and transporting of earth material as a result of the movement of wind, water, or ice.

“Excavation (cut)”

means the removal of naturally occurring earth materials by mechanical means, and includes the conditions resulting therefrom.

“Existing grade”

means the elevation of the ground surface at a given point prior to excavating or filling.

“Expansive soil”

means any soil which exhibits significant expansive properties as determined by a geotechnical engineer or the Director of Public Works.

“Fill (embankment)”

means the deposit of soil, rock, or other materials placed by man and includes the conditions resulting therefrom.

“Finish grade”

means the final grade of the site after excavating or filling which conforms to the approved final grading plan. The finish grade is also the grade at the top of a paved surface.

“Geologic hazard”

means any condition in naturally occurring earth materials which may endanger life, health, or property. Geologic hazards include, but are not limited to: faults; existing or potential landslides, mudslides or rock falls; weak, expansive or creeping soil; subsidence; earthquake induced shaking, ground movement, ground failure or liquefaction; and seiche or tsunami inundation.

“Geotechnical engineer”

means a civil engineer registered by the state of California who is qualified in the fields of soil mechanics and soil engineering.

“Geotechnical engineering”

means the application of the principles of soil mechanics in the investigation, evaluation, and design of civil works, involving the use of earth materials and may include the inspection, testing, and construction thereof.

“Grading”

means any excavation, or filling or combination thereof, or the removal, plowing under, or burial of vegetative groundcover.

“Grading plan”

means a plan prepared in accordance with this chapter showing grading and related work such as, but not limited to, storm drains, existing and finished grades, curbs, gutters, sidewalks, paving and parking striping.

“Grading work”

means grading and related work that includes, but is not limited to, storm drain facilities, construction of curbs and gutters, asphalt or Portland cement concrete paving, parking striping, drainage improvements, and erosion and sediment control.

“Keyway”

means a special backfilled excavation which is constructed beneath the toe area of a planned fill slope on sloping ground to improve the stability of the slope.

“Landscape architect”

means a landscape architect registered by the state of California.

Lot.

See “Parcel.”

“Owner”

means the person shown as the legal owner of the property on the latest equalized assessment roll in the Office of the County Assessor.

“Parcel (lot)”

means land described as a lot or parcel in a recorded deed or shown as a lot or parcel on a subdivision map or parcel map on file in the County Recorder’s Office.

“Permit”

means a written grading permit issued pursuant to this chapter authorizing grading work.

“Permittee”

means any person to whom a permit is issued pursuant to this chapter.

“Person”

means any natural person, firm, corporation, or public agency whether principal, agent, employee, or otherwise.

“Preliminary grading plan”

means a plan that shows the proposed grading work in relation to the existing site prepared and submitted with the application for a grading permit.

“Rainy season”

means the period of the year during which there is a substantial risk of rainfall. For the purpose of this chapter, the rainy season is defined as from October 1st to April 15th, inclusive.

“Rough grade”

means the stage at which the grade approximately conforms to the approved plan. It is also the subgrade required for construction of a road or other paved surface.

“Sediment”

means any material transported or deposited by water, including soil and debris or other foreign matter.

“Site”

means any lot or parcel of land or combination of contiguous lots or parcels of land, whether held separately or joined together in common ownership or occupancy, where grading is to be performed or has been performed.

“Slope”

means an inclined ground surface the inclination of which may be expressed as the ratio of horizontal distance to vertical distance.

“Soil”

means all earth material of any origin that overlies bedrock and may include the decomposed zone of bedrock which can be excavated readily by mechanical equipment.

“Terrace”

means a relatively level step constructed in the face of a graded slope surface for drainage, maintenance, or other purposes.

“Vehicular way”

means a private roadway or driveway.

“Watercourse”

means any natural or manmade channel flowing continuously or intermittently in a definite direction and course or used for the holding, delay, or storage of waters, which functions at any time to convey or store stormwater runoff. Natural channels shall generally be limited to those designated by a solid line or a dash and three dots as shown in blue on the most recent U.S. Geological Survey 7.5 minute series of topographic maps.

Work.

See “Grading work.”

(Ord. 56-87 § 2; Ord. 1-96 § 1)