§ 110.92

The purpose of this chapter is to provide minimum standards to safeguard life, health, property and the public welfare by regulating and controlling the quality of materials used in, and the design, construction, location and maintenance of grading, and to implement measures to substantially reduce the potential for erosion and sedimentation damage within the city.

(Ord. No. 23-17, § 1, 2-8-2023)

Sec. 110.92.020. - Scope, interpretation, application and exemptions.

(a)

The provisions of this chapter shall apply to all grading within the city, unless specifically exempted under this section.

(b)

Every effort should be made to preserve safety to life, health, property, and the public welfare, including providing safeguards both to the property being graded and to other property in the area.

(c)

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

(d)

The provisions of this chapter shall not apply to any of the following:

(1)

Work in a public street, alley or sidewalk or other public place regulated by chapter 12.08.

(2)

Mining, quarrying, processing or stockpiling of rock, sand, aggregate or clay, unless such work affects the lateral support of adjacent or contiguous property or structures;

(3)

Excavation or filling of graves in property dedicated or used for cemetery purposes.

(Ord. No. 23-17, § 1, 2-8-2023)

Sec. 110.92.030. - Definitions.

Whenever the following words are used in this chapter they shall have the meanings indicated in this section:

City engineer. The city engineer acting either directly or through properly authorized agents.

Excavation. Any act by which earth, sand, gravel, rock or any other similar material is cut into, dug, scooped, quarried, bored, trenched, benched, uncovered, removed, displaced, relocated, or bulldozed and includes he conditions resulting therefrom; including any and all work associated with geotechnical investigations, soils investigations or any other subsurface investigation; any and all demolition activities covered by a building permit; and removal of or abandonment of underground storage tanks.

Fill. Any act by which earth, sand, gravel, rock or any other material is deposited, placed, pushed, dumped, pulled, transported or moved to a new location and includes the conditions resulting therefrom.

Grading. The process of raising and/or lowering the levels of land through excavation or fill or any combination thereof. The term shall include the conditions resulting there from.

Grading permit. Any permit required by Appendix J Section J103 of the California Building Code.

Permittee. Any owner, land occupier or contracting agent to whom a grading permit is issued.

Site. A separate lot or parcel of land.

(Ord. No. 23-17, § 1, 2-8-2023)

Sec. 110.92.040. - General requirement-maintenance of premises.

The owner, land occupier, or other person in control of any property who orders, or causes land owned, occupied, or controlled by him, or any land, to be graded, or knowingly permits the same, shall maintain that land in good condition.

(Ord. No. 23-17, § 1, 2-8-2023)

Sec. 110.92.050. - Permit-required.

No person shall commence or perform any grading without having first obtained a grading permit or be exempted by the city engineer. A separate grading permit shall be obtained for each site. One permit may cover both an excavation and any fill mad with the excavated materials on the same site.

(Ord. No. 23-17, § 1, 2-8-2023)

Sec. 110.92.060. - Permit-exceptions.

A grading permit shall not be required for the following exceptions, but in all other respects the provisions of this chapter shall apply:

(a)

An excavation below finished grade for swimming pool or pertinent underground structure authorized by a valid building permit.

(b)

An excavation or fill authorized by a valid encroachment permit.

(c)

Grading by or for a public agency or utility company hen specifically exempted in writing by the city engineer.

(d)

Minor grading that will not redirect or concentrate existing drainage flows and is of negligible hazard, or where site modification does not exceed a total area of 500 square feet, and when specifically exempted in writing by the city engineer.

An excavation which does not exceed 50 cubic yards on any one site and is less than two feet in vertical depth, and is specifically exempted in writing by the city engineer.

(Ord. No. 23-17, § 1, 2-8-2023)

CHAPTER 110.96. - ELECTRIC VEHICLE CHARGING SYSTEMS