East Palo Alto Municipal Code Art. I General Provisions

It is the declared intent of the city to promote the conservation of natural resources, including topography and vegetation, as well as to protect health and safety, which includes the reduction or elimination of the hazards of earth slides, mud flows, rock falls, undue settlement, erosion, siltation, and flooding, or other special conditions. To achieve these goals, the adverse effects of grading, cut and fill operations, land clearing, water runoff and soil erosion must be minimized. Therefore, the following regulatory provisions of this chapter shall apply for the purpose of effecting stringent control of all aspects of grading and clearing operations and to establish procedures for the issuance, administration and enforcement of a permit.

(Prior code § 7-2.101)

For the purposes of this chapter, the following definitions shall apply:

"Architect" means a professional architect registered in and by the state of California.

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

"Bedrock" means in-place solid rock.

"Bench" means a relatively level step excavated into earth material on which fill is to be placed, or within a cut or fill slope.

"Best Management Practices Handbook" means a compilation of erosion and sediment control measures which is maintained by the city planning department.

"Blending" means the intermixing and compaction of natural site soils (such as materials from two natural soil horizons), or for the intermixing of natural site soils with imported soil or other materials.

"Borrow" means earth material acquired from on or off site locations for use in grading on a site.

"Buttress fill" means a compacted fill placed in such a manner as to buttress and retain weak or unstable materials.

"Certification" means a written engineering or geological opinion concerning the progress and completion of the work.

"City," where referring to approvals, denials or waivers, means the city of East Palo Alto, or its designees.

"Civil engineer" means a professional engineer registered in and by the state of California to practice in the field of civil works (see Section 8606.2, Responsibilities of Civil Engineer).

"Civil engineering" means the application of the knowledge of the forces of nature, principles of mechanics and the properties of material to the evaluation, design and construction of civil works.

"Compaction" means the densification of a fill by mechanical or other means.

"Competent material" means earth material capable of withstanding the loads or forces which are to be imposed upon it without failure or detrimental settlement as certified by the appropriate geotechnical consultant.

"Contour rounding" means the rounding of cut and fill slopes in the horizontal and vertical planes to promote stability, to blend with existing contours or to provide horizontal variation, and to eliminate the artificial appearance of slopes.

"Depth of cut or fill" means the vertical distance between existing natural ground and the finish elevation at any location.

"Drainageway" means a natural or man-made channel which collects and intermittently or continuously conveys storm water runoff.

"Dust control plan" means a written procedure describing the method, equipment and materials to be used in minimizing and controlling dust arising from construction activities.

"Earth material" means any rock, or natural soil or any combination thereof.

"Engineering geologist" means a professional engineering geologist certified in and by the state of California to practice in the field of engineering geology (see Section 8606.3, Responsibility of the Soils Engineer and the Engineering Geologist).

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

"Erosion control plan" means a written report describing the measures, materials and implementation schedule proposed for erosion control on a grading site, as per performance standards for erosion and sediment control plans described in the Grading Permit Performance Standards Handbook.

"Excavation" means the mechanical removal of earth material.

"Fill" means a deposit of earth or waste material placed by artificial means. ("Engineered fill" means material placed according to the recommendations and under the observation of a geotechnical consultant.)

"Geotechnical consultant" means soil engineer or engineering geologist.

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

Grade, Existing. "Existing grade" means the grade prior to grading.

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

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

"Grading" means any excavating, filling or placement of earth materials or combination thereof.

"Grading Permit Performance Standards" means a handbook to be used by the applicant which details requirements for erosion and sediment control plans, grading standards, geotechnical report guidelines and dust control plan guidelines.

"Height of cut and fill slopes" means the finish vertical distance from the top to toe of the slope.

"Key" means a trench (or bench) excavated in competent earth material beneath a proposed fill for placement of engineered fill.

"Land clearing" means the removal of vegetation down to the duff or bare soil by any method.

"Land clearing permit" means a permit granted by the planning director or planning commission which authorizes the permittee to carry out land clearing.

"Land disturbance or land disturbing activity" means clearing, grading or other manipulation of the terrain.

"Minimum Standards for Geotechnical Reports" means a handbook which details the information to be included in a geotechnical report.

"Nesting" means the placement of large rocks such that voids in the fill are created and the proper compaction becomes difficult or impossible to achieve.

"Replacement" is the removal and wasting of soil materials as judged unsuitable for the support of dwellings or other site improvements, and their replacement with suitable soil materials properly engineered.

"Reworking" means the removal, or processing and subsequent mechanical densification or consolidation of existing soil material for reasons of deficiency in one or more respects.

"Significant" means any detrimental effect on the physical or natural state which cannot be adequately mitigated and as identified by Section 21000 et seq. of the California Public Resources Code.

"Site" means any lot or parcel of land or continuous combination thereof, where grading is anticipated.

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

"Soil" means the highly weathered top layer of the earth's surface, excluding bedrock, but including any otherwise unconsolidated earth materials.

"Soil engineer" means a civil engineer experienced and knowledgeable in the practice of soil engineering (see Section 8609.3).

"Soil 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 the inspection and testing of the construction thereof.

"Stabilization" means any procedure that will result in increased shear strength in a soil.

"Terrace" means a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.

"Variable slope" means the variation of a cut or fill slope in the vertical plane to blend with existing contours and vertical undulation to eliminate the artificial appearance of slopes or to take advantage of inherent characteristics of the slope material.

"Waste material" means nonhazardous, useless or discarded material.

"Watercourse" means a blue line perennial or intermittent stream as shown on USGS topographic 7.5 minute quadrangle series maps.

(Prior code § 7-2.102)

For the purpose of this chapter and to establish an orderly procedure for excavating, grading, filling and clearing, land disturbing activities shall be handled in two distinct phases:

A. Grading. A grading permit shall be required for activities involving grading except as exempted in Section 15.48.040.

B. Clearing. A land clearing permit for the removal of vegetation shall be required when:

1. The land area to be cleared is five thousand (5,000) square feet or greater, within any two-year period, except in city scenic corridors where any vegetation removal is greater than one thousand (1,000) square feet.

2. Existing slopes are greater than twenty (20) percent.

3. The land area to be cleared is in any sensitive habitat or buffer zone as identified in the general plan of the city.

(Prior code § 7-2.103)

The following exemptions shall not apply to land disturbances within natural drainage channels.

No person shall do any grading or land clearing without first having obtained a permit from the city required by this chapter, except for the following:

A. An excavation below finished grade for basements and footings of a building, retaining wall, swimming pool, or other structure authorized by a valid building permit. This subsection shall not exempt from permit requirements under this chapter any fill made with material on or off site from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structure, nor when any single purpose excavation exceeds two hundred fifty (250) yards;

B. Cemetery graves shall be exempt from permit requirements;

C. Approved grading in conjunction with a timber harvest permit issued by the county of San Mateo;

D. Excavations for water wells or utilities;

E. Mining, quarrying, excavation, processing, stockpiling of rock, sand, gravel, aggregate or clay, provided a valid surface mining and reclamation permit issued by the county of San Mateo is in effect;

F. Exploratory excavations under the direction of a soils engineer or an engineering geologist. Such excavations are not to result in an erodible, hazardous or unstable state. The county geologist, or the equivalent city official, shall be informed of such explorations at least two working days prior to commencement of work;

G. An excavation which is less than two feet in maximum vertical depth made on competent natural terrain with a slope flatter than five horizontal to one vertical and which creates slopes no steeper than two horizontal to one vertical and removes less than one hundred fifty (150) cubic yards of material;

H. A fill less than two feet in depth, placed on natural terrain with a slope flatter than five horizontal to one vertical, not intended to support structures, and which does not exceed one hundred fifty (150) cubic yards on any one parcel, and does not obstruct a drainage course or affect the structural integrity of adjacent property;

I. Work conducted in any city street, public right-of-way or easement when the work is for a public facility, a public utility or other public purposes, or is controlled by other permits;

J. Emergency work as authorized by the planning director necessary to protect life, limb or property; or to maintain the safety, use or stability of a public way or drainage way;

K. The land area to be cleared is for fire protection purposes as required by the fire regulations of the city;

L. The land area to be cleared is for routine agricultural activities including but not limited to plowing, harrowing, disking, ridging, listing, leveling, and similar operations to prepare a field for a crop or the land area to be cleared is for resource management such as brush clearing, erosion control or other resource management programs carried out under the purview of the local resource conservation district (USCA-SCS);

M. Gardening for home use;

N. Agricultural use of land that is operated in accordance with a conservation plan approved by and implemented according to the practices of the resource conservation district (RCD) or when it is determined by the RCD that such use will not cause excessive erosion or sediment losses, based on applicable soil loss tolerance values;

O. Grading projects for purposes of soil conservation that have been approved by the San Mateo County resource conservation district (RCD) when plans for such project have been filed by the RCD with the planning department and the department of Public works;

P. Agricultural water impoundments not exceeding the minimum limitations of the State Dams and Reservoir Act of 1967 (Sections 6000 et seq. of the Water Code) when approved by the San Mateo County resource conservation district under the purview of the California Department of Forestry when plans for such projects have been filed with the planning department;

Q. The land area to be cleared is to be carried out under an approved forest improvement program or chaparral management program under the purview of the California Department of Forestry when plans for such projects have been filed with the planning department;

R. Repair of storm damage consisting of slide repair, debris removal and water impoundment replacement on agricultural lands carried out under the purview of the ASCS or RCD provided that such activity does not create hazards to other lands.

(Prior code § 7-2.104)

A. Grading Permit Application Requirements. To obtain a grading permit, the applicant shall first file a written application with the planning department on a form provided by the planning director.

The application shall be accompanied by the following material:

1. Where applicable, a letter from the property owner authorizing the property owner's representative to sign the application;

2. Fees as set by resolution of the city council;

3. A civil engineer's estimate of the quantity of materials to be moved;

4. A geotechnical report except when waived by the director of public works. The applicant must comply with the Uniform Building Code and the San Mateo County minimum standards for geotechnical reports;

5. Two sets of grading plans. When the permit is to be heard by the planning commission, seven sets of plans are required. The plans shall be prepared and signed by a civil engineer and shall be twenty-four (24) inches by thirty-six (36) inches and in a form approved by the director of public works. Where a geotechnical report has been required, the geotechnical consultant shall certify on the San Mateo geotechnical consultant approval form that applicable portions of the plans have been prepared in accordance with the recommendations contained in the geotechnical report. The plan shall contain at least the following items (additional material may be required to show conformance of the proposed grading with the requirements of this section and other related ordinances):

a. A vicinity map or other means of adequately indicating the site location,

b. Boundary lines of the site,

c. If there is a proposed subdivision, each lot or parcel of land into which the site is proposed to be divided,

d. The location of any existing buildings, structures, easements or underground utilities on the property where the work is to be performed, and the location of any buildings or structures on adjacent land within fifty (50) feet of the proposed work,

e. Accurate contours showing the topography of the existing ground extending at least ten feet outside all boundary lines of the project site, based on elevations taken on adjacent property or other means approved by the director of public works. The contour lines shall be at intervals sufficient to show the configuration of the ground before grading relative to a bench mark established at or adjacent to the grading site,

f. All of the proposed uses for which the proposed grading is necessary,

g. Elevations, locations, extent and slope of all proposed grading shown by contours, or other acceptable means, and location of any rock disposal areas, buttress fills, subdrains, or other special features to be included in the work. Contours or the finished surface of all proposed grading shall also be included,

h. A statement of the quantities of materials to be excavated and/or filled and the amount of such material to be imported to, or exported from, the site. Approved disposal sites must be used,

i. Location and nature of known or suspected soil or geologic hazard areas,

j. Approximate boundaries of any areas with a history of flooding,

k. Location, width, direction of flow and approximate location of top and toes of banks of any watercourses,

l. General location and character of vegetation covering the site and the locations of trees with a trunk diameter of twelve (12) inches or more, measured at a point four and one-half feet above average ground level, within twelve (12) feet of the area to be disturbed by the proposed grading,

m. A detailed plan for erosion and sediment control, both during construction and permanent, unless the site has no slopes greater than two percent or unless waived or modified by the director of public works (see erosion and sediment control plan, Grading Permit Performance Standards Handbook),

n. A plan for dust control (see dust control plans, Grading Permit Performance Standards Handbook),

o. Name and signature of the registered civil engineer (when required) under whose direction the grading plan is prepared,

p. Specifications, and cross-sections, profiles, elevations, dimensions and construction details based on accurate field data,

q. Construction details for roads, watercourses, culverts, bridges and drainage devices, retaining walls, gabion walls, cribbing, dams and other improvements existing or to be constructed, together with supporting calculations and maps,

r. Such other information as the director of public works or the planning director may require.

B. Agricultural Water Impoundments Permit Requirements. Plans and profiles not under the purview of the RCD and therefore not exempt under Section 15.48.040R shall be prepared by a licensed engineer as required by the director of public works and be subject to permits and approvals from the planning division. All construction must be in accordance with approved plans and specifications and, when required, shall be done in the presence of and certified by a licensed soils engineer or engineering geologist as appropriate.

C. Land Clearing Permit Application Requirements. To obtain a land clearing permit, the applicant shall first file a written application with the planning and development division on a form provided by the planning director.

The application for a land clearing permit shall be accompanied by the following materials:

1. Where applicable, a letter from the property owner authorizing the property owner's representative to sign the application;

2. Fees as set by resolution of the city council;

3. An erosion control plan (as specified in the Grading Permit Performance Standards Handbook);

4. Plan for the removal of vegetation. The plan shall include at a minimum:

a. A vicinity map or other means of adequately indicating the site location,

b. Boundary lines of the site,

c. Location of area to be cleared,

d. Location of existing structures on the site,

e. A plan for disposal of the removed vegetation,

f. Purpose of removal.

(Prior code § 7-2.105)

A. Prior to acceptance, the application shall be reviewed by the planning division and the department of public works for compliance with Section 15.48.050A or B. Additional information may subsequently be required to demonstrate compliance with this chapter.

B. The planning division shall refer the application to the department of public works and other interested departments and agencies for comment and recommendation.

In reviewing the application and plans and making his recommendations, the director of public works shall report whether the grading as proposed complies with the standards as detailed in Section 15.48.050 and shall recommend conditions to assure such compliance.

C. It shall be the duty of the planning director to forward the application together with recommendations thereon to the appropriate body specified in Section 15.48.070 for its action.

(Prior code § 7-2.106)

The following person or body shall grant the indicated permits as required by this chapter:

A. The Planning Commission. All grading and land clearing permits in state or county or city scenic road corridors;

B. Planning Director. Land clearing permits outside state or county or city scenic road corridors; grading permits for agricultural water impoundments which do not qualify for exemption under Section 15.48.040P and which are located outside state and county scenic road corridors; and grading permits involving cut or fill not to exceed one thousand (1,000) cubic bank yards;

C. Zoning Hearing Officer. All other grading permits.

(Prior code § 7-2.107)

A. The zoning hearing officer, planning commission or city council shall hold a public hearing before taking action on any grading or land clearing permit which is before them.

B. A public hearing on a grading or land clearing permit may be held concurrently with any other public hearing on the project held by the appropriate person or body specified in Section 15.48.070.

C. In addition to testifying at a public hearing, any person may submit written comment on an application for a grading or land clearing permit, or on a permit appeal, at any time prior to the close of the applicable public hearing. If no public hearing is required, written comments may be submitted prior to the decision date specified in any notice required by Section 15.48.090. Written comments shall be submitted to the planning director who shall forward them to the appropriate person, commission or board.

(Prior code § 7-2.108)

Where a public hearing is required, notice shall be given as required for use permits in Title 10 of this code, if in the opinion of the planning director, the grading activity may affect properties beyond three hundred (300) feet from the property line; additional notice may be required as deemed appropriate. In addition, ten days prior to action by the planning director, notice of grading permits required for agricultural water impoundments shall be given in the same manner; such notice shall specify the date on which a decision will be made.

(Prior code § 7-2.109)

A. The decision making authority will review the report submitted by the planning division regarding the permit and make the following findings in any action to approve the permit:

1. That the granting of the permit will not have a significant adverse effect on the environment;

2. That the project conforms to the criteria of this chapter, including the standards referenced in Section 15.48.050;

3. That the project is consistent with the general plan.

B. Approval of a permit required by this chapter shall be conditioned as necessary to ensure conformance with this chapter. For agricultural water impoundments, the permit may be conditioned as appropriate to include such requirements as having adequate evidence of water rights provided by the State Division of Water Rights in advance of construction. The approving authority may require modification and resubmittal of project plans, drawings and specifications. When modification and resubmittal of plans is required, action shall be deferred for a sufficient period of time to allow the planning director to prepare his recommendation on the modified project.

C. After reviewing the evidence regarding the application for permit, the decision making authority shall either grant or deny the permit based on the conditions and findings described in Section 15.48.100A and B.

(Prior code § 7-2.110)

The action of the decision maker in authorizing or denying a permit may be appealed by the applicant, or any other person who is aggrieved by issuance of or nonissuance of the permit or any conditions thereof.

Permits considered and acted upon by the planning director or zoning hearing officer may be appealed to the planning commission, by filing a written notice of appeal with the planning division within ten calendar days from issuance or denial of such permit. The planning commission shall hear such appeal and render a decision following such hearing. The decision of the planning commission is appealable to the city council in the manner described above. The decision of the city council shall be final. The action taken by the decision maker shall be reported to the affected parties.

(Prior code § 7-2.111)

If a substantial amount of work authorized by any permit is not commenced within eight months of the date of issuance or as otherwise indicated on the face of the permit, or on the improvement agreement, or if such work is not completed within one year of commencement or as otherwise indicated on the permit or the improvement agreement, the permit shall expire and become void.

(Prior code § 7-2.112)

The renewal of an expired permit may be administratively approved by the planning director providing no changes to the plans have been made. An application for such renewal must be made in writing no later than one month prior to the expiration date, in the same manner as specified for in the original application. The fees for such renewal will be one-half the original fee. Two renewals may be granted. Extensions beyond two renewals require a complete new application and must be submitted with full fees.

(Prior code § 7-2.113)

Upon application by the permittee, the permit required by this chapter may be amended by the approving authority. Application for and action on an amendment shall be accomplished in the same manner specified by this chapter for initial approval of the permit. All sections of this chapter shall apply to the permit amendment.

(Prior code § 7-2.114)

The city may require the applicant as a condition of issuing a permit required by this chapter, to post a security in an amount as determined by the city. The security shall be of sufficient amount to insure compliance with the conditions of the permit, this chapter and to repair any damage that may result from the land disturbing activity. Release of the security shall occur one year after installation of the measures and be conditioned on the faithful performance of the conditions of the permit.

Securities will be released only upon satisfactory completion of the work and completion of a one year warranty period required by the city. When landscaping or erosion control measures are required, a separate security shall be posted for a period of two growing seasons. The security shall be based upon the cost of placement or replacement of the landscaping or the work performed, whichever is greater.

(Prior code § 7-2.115)

The following standards delineate levels of design and control to be met during the project. Their purpose is to assure that development is accomplished so as to minimize adverse effects on the existing terrain and to minimize the potential for erosion.

A. Erosion and Sediment Control. An erosion and sediment control plan and subsequent implementation shall be required except where an environmental assessment by the county planning division of the site shows that such a plan is not necessary. Plans shall conform to standards as detailed in the Grading Permit Performance Standards Handbook.

B. Grading. Performance standards, as detailed in the Grading Permit Performance Standards Handbook, are to apply to all aspects of the proposed grading and are intended to be operational during all stages of development.

C. Geotechnical Reports. When it is determined by the department of public works that conditions on the project site warrant a geotechnical report (see Section 15.48.050A, Grading Permit Application Requirements), the report shall be prepared by a professional geotechnical consultant under the direction of a soils engineer and an engineering geologist in accordance with the current minimum Standards for Geotechnical Reports and the Grading Permit Performance Standards Handbook.

D. Dust Control Plans. All projects must submit dust control plans as detailed in the Grading Permit Performance Standards Handbook.

E. Fire Safety. All equipment used in grading operations shall meet spark arrester and fire fighting tool requirements as specified in the California Public Resources Code.

F. Time Restrictions. The period from October 15th to April 15th has been determined to be the period in which heavy rainfall normally occurs in the county and the city. During such period, no land disturbing activity shall be authorized on any single site under a permit if the planning director determines that such work will endanger the public health or safety or cause excessive erosion.

(Prior code § 7-2.116)

All land disturbing activities for which a permit is required shall be subject to inspection by the city.

In addition to the inspections specified in Sections 15.48.180 and 15.48.190, the city may make such other inspections as it deems necessary to determine that the work is being performed in compliance with the requirements of this chapter.

(Prior code § 7-2.117)

A. For engineered grading, it shall be the responsibility of the civil engineer who prepares the approved grading plan to incorporate all recommendations from the geotechnical reports into the grading plan. The civil engineer shall also be responsible for the inspection and certification of the grading within the engineer's area of technical specialty. This responsibility shall include, but need not be limited to, inspection and certification as to the establishment of line, grade and drainage of the development area. The civil engineer shall act as the coordinating agent in the event the need arises for liaison between the other professionals, the contractor and the city. The civil engineer shall also be responsible for the preparation of revised plans and the submission of as-graded grading plans (see Section 15.48.220) upon completion of the work.

B. Prior to foundation work, the permittee's engineer shall certify that the building pad elevations do not vary more than two-tenths of a foot from the approved pad elevations.

C. When work has been completed, the civil engineer shall certify that all grading, lot drainage and drainage facilities have been completed and the slope planting installed in conformance with the approved plan and the requirements of this chapter.

(Prior code § 7-2.118)

A. During all grading, all necessary reports, compaction data and geotechnical recommendations shall be submitted to the permittee's civil engineer and the department of public works by the soils engineer and the engineering geologist.

B. The soil engineer's area of responsibility shall include, but need not be limited to, the professional inspection and certification concerning the preparation of ground to receive fills, testing for required compaction, stability of all finish slopes and design of buttress and replacement fills, and the design and need for subdrains and other groundwater control devices, where required, incorporating data supplied by the engineering geologist.

C. The engineering geologist's area of responsibility shall include, but need not be limited to, professional inspection and certification of the adequacy of natural ground for receiving fills and the stability of cut slopes with respect to geological matters. Applicable findings shall be reported to the soils engineer and the civil engineer for engineering analysis.

D. During grading, periodic density tests shall be made by the geotechnical consultant and submitted to the department of public works. Dry density, moisture content, and the location, elevation and sampling date of each sample taken shall be reported, along with sufficient data to correlate with laboratory analyses submitted. In addition, the location and type of all surface and subsurface water control measures shall be submitted.

E. Upon completion of the grading, the geotechnical consultant shall certify that the site was graded and filled with material in accordance with approved specifications and approved geotechnical recommendations. The certification should be completed on the geotechnical consultant approval form provided by the department of public works.

(Prior code § 7-2.119)

If the civil engineer, the geotechnical consultant or the testing agency of record are 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 its technical competence for certification upon completion of the work.

(Prior code § 7-2.120)

If, in the course of fulfilling its responsibility under this chapter, the civil engineer, the geotechnical consultant 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 department of public works and the planning director. Recommendations for corrective measures, if necessary, shall be submitted. Project work shall be stopped until corrective measures are approved by the city.

(Prior code § 7-2.121)

Upon completion of the rough grading work, and at the final completion of the work, the city may require the following reports and drawings and supplements thereto:

A. An as-graded grading plan prepared by the civil engineer including original ground surface elevations, lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities, cut fill lines and all other pertinent information including, but not limited to, buttress and replacement fills, restricted from building areas, etc.;

B. An as-built grading report prepared by the geotechnical consultant 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 report shall include a final description and, if necessary, a map of the geology of the site including any new information disclosed during the grading and its effect upon site grading. A certification shall be provided approving the adequacy of the site for the intended use as affected by soil and geologic factors.

(Prior code § 7-2.122)

In the event that a condition should arise during the grading operations which may become a hazard, whether or not such condition was caused through negligence or act of God, immediate remedial action to mitigate the hazard shall be taken under the direction of the civil and/or geotechnical consultant. Within three working days, a written report describing the remedial work shall be sent to the city for review.

(Prior code § 7-2.123)