El Monte Municipal Code Ch. 15.40 Grading and Erosion Control

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Editor's note— Ord. No. 3032, § 2, adopted Jan. 23, 2024, repealed the former Ch. 15.40, §§ 15.40.010—15.40.250, and enacted a new Ch. 15.40 as set out herein. The former Ch. 15.40 pertained to similar subject matter and derived from Ord. No. 3011, § 3(Exh. A), adopted June 21, 2022.

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, location and to implement measures to substantially reduce the potential for erosion and sedimentation damage within the city.

(Ord. No. 3032, § 2, 1-23-2024)

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

B. If two (2) or more pertinent limitations are not identical, those limitations shall prevail which provide the greater measure of safety to life, health, property or the public welfare and which are more restrictive upon the operations of the applicant, or which place upon the applicant the greater duty of providing safeguards both to the property being graded and to other property in the area. The permissive provisions of this chapter shall not be presumed to waive any limitations imposed by other ordinances of the city, state statutes or the requirements of other regulatory agencies.

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 Section 12.08.010.

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. 3032, § 2, 1-23-2024)

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

A. "City Engineer." The City Engineer acting either directly or through properly authorized agents.

B. "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 the 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.

C. "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.

D. "Grading." Excavation or fill or any combination thereof and shall include the conditions resulting there from.

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

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

G. "Site." A separate lot or parcel of land.

(Ord. No. 3032, § 2, 1-23-2024)

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 in good condition.

(Ord. No. 3032, § 2, 1-23-2024)

No person shall commence or perform any grading without having first obtained a grading permit from the City Engineer. A separate grading permit shall be obtained for each site. One permit may cover both an excavation and any fill made with the excavated materials on the same site.

(Ord. No. 3032, § 2, 1-23-2024)

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 underground structure authorized by a valid building permit;

B. An excavation or fill authorized by a valid plumbing permit; and

C. Grading by or for a public agency or utility company when specifically exempted by the City Engineer and/or Chief Building Official.

D. Minor grading, that will not redirect or concentrate existing drainage flows, and of negligible hazard, where site modification does not exceed a total area of five thousand (5,000) square feet or when specifically exempted by the City Engineer and/or Chief Building Official.

E. An excavation that does not exceed fifty (50) cubic yards, does not create a cut slope greater than five (5) feet measured vertically upward from the cut surface to the cut surface of the natural grade, and is not steeper than two (2) units horizontal to one unit vertical (fifty (50) percent slope).

F. A fill not intended to support a structure, that does not obstruct a drainage course and complies with one of the following conditions:

1. Is less than one foot (0.3 m) in depth and is placed on natural terrain with a slope flatter than five (5) units horizontal to one unit vertical (twenty (20) percent slope).

2. Is less than three (3) feet (0.9 m) in depth at its deepest point measured vertically upward from natural grade to the surface of the fill, does not exceed fifty (50) cubic yards, and creates a fill slope no steeper than two (2) units horizontal to one unit vertical (fifty (50) percent slope).

3. Is less than five (5) feet (1.5 m) in depth at its deepest point measured vertically upward from natural grade to the surface of the fill, does not exceed twenty (20) cubic yards, and creates a fill slope no steeper than two (2) units horizontal to one unit vertical (fifty (50) percent slope).

Exceptions will only be granted upon presenting satisfactory evidence of earthwork depths and quantities to the City Engineer for review. Earthwork calculations shall be prepared and stamped by a registered civil engineer to certify earthwork quantities, excavation and/or fill depths, and slope.

(Ord. No. 3032, § 2, 1-23-2024)

A. An applicant for a grading permit shall first file an application there for in writing with the Department of Public Works-Engineering Division. Every such application shall:

1. Give the name and address of the record owner(s) of the site;

2. Give the name and address of the grading contractor;

3. Give the legal description and street address of the site;

4. State the purpose of the work;

5. Identify and describe the work to be covered by the permit for which application is made;

6. Be signed by the permittee, who shall be responsible for the correctness of the work and for requesting the inspections required in this chapter;

7. Be accompanied by plans, including: A map showing the present elevation of the land and the proposed elevations of the land after completion of the proposed grading; a plot plan showing the location of the grading boundaries, surveyed lot lines, neighboring public ways and sufficient dimensions and other data to show the location of all work; description of the type and classification of soil in Appendix J Section J103 of the California Building Code; details and location and elevations of proposed drainage structures, piping, walls and cribbing (if any); and such other information that the engineer of record may require to carry out the purpose of this chapter. All plans shall bear the name of the person responsible therefor and shall be submitted to the City Engineer in duplicate. All such plans and specifications shall be prepared by a registered civil engineer;

8. Be accompanied by a preliminary soil report prepared by a registered soils engineer, which shall be based on adequate test borings or excavations. The report may be waived if the available information as to the qualities of the soil satisfies the City Engineer that no preliminary analysis is necessary.

a. If the preliminary soil report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, then a soil investigation and report shall be required for each site. The soil investigation and report shall be prepared by a registered soils engineer. The report shall recommend corrective action which is likely to prevent structural damage to any structure to be constructed on the expansive soil.

b. The soil investigation and report shall be approved if the City Engineer and/or Chief Building Official determines that the recommended action will likely prevent structural damage to any improvement to be constructed. As a condition to the issuance of a building permit, the approved recommended action shall be incorporated in the construction of any improvement on the site.

9. Applicant shall comply with city's grading guideline for additional plan check and permit procedures; submittal requirements; and plan check and permit fees.

B. When an erosion and sedimentation control permit is required by Section 15.40.050, the provisions of said permit shall supersede conflicting provisions of any other permit. The application shall be accompanied by plans and specifications prepared by a registered civil engineer. The developer shall be guided by the principles of erosion prevention described in the following subdivisions or by any other acceptable principles or practices.

1. The erosion and sedimentation control plan should be fitted to the topography and soil class so as to create the least potential for soil loss. Maximum use shall be made of vegetation to minimize inevitable soil loss through land disturbing activity, such as:

a. Natural vegetation should be retained wherever possible;

b. Where inadequate natural vegetation exists, or where it becomes necessary to remove existing natural vegetation, temporary vegetation or mulching should be installed promptly to minimize inevitable soil loss and to ensure that soil losses are kept below the tolerable limits;

c. Erosion control elements shall be implemented as soon as practical in the development process, except that the time elapsed shall not exceed sixty (60) days after the cessation, termination or completion of grading, whichever comes first.

2. Exposure of the soil through land disturbing activity should be held to the smallest practicable area and to the shortest practicable period of time consistent with maximum tolerable soil loss levels.

3. Appropriate provision should be made to accommodate increased storm water runoff and consequent soil loss occasioned by changed soil and surface conditions during and after development. In addition to the use of vegetation and limitations on soil exposure as prescribed herein, such provisions may include, but are not limited to:

a. Installing and maintaining sediment basins, debris basins, desilting basins or silt traps to substantially reduce sediment from runoff water.

C. Whenever an erosion and sedimentation control permit is required, a security deposit per the current Department of Public Works-Engineering Division fee schedule shall be required to guarantee that provisions of the permit are met. Any measures which are temporary and portable, such as sandbags and Visqueen, may be stored on site so as to not interfere with normal construction activity during dry weather. However, any necessary measures shown on the approved plan shall be in place during any storm event.

1. If those erosion control measures shown on the plan are not in place within twenty-four (24) hours of the prediction of a storm event by the U.S. Weather Service, the City Engineer may issue a stop work notice until such measures installed and storm water pollution prevention plan is fully implemented.

2. If any sedimentation does collect in the public right-of-way, it shall be cleaned up within twenty-four (24) hours of the end of each storm event, the City Engineer may issue a stop work notice until such measures installed and storm water pollution prevention plan is fully implemented.

(Ord. No. 3032, § 2, 1-23-2024)

The application and plans and specifications for a permit under this chapter shall be checked by the City Engineer. Such plans may be reviewed by other departments of the city to check compliance with the laws and ordinances under their jurisdiction. If the City Engineer is satisfied that the work described in the application and the plans filed therewith conform to the requirements of this chapter and other applicable laws and ordinances, and that the fee specified in Section 15.40.090 has been paid, the City Engineer shall issue a grading permit therefor.

(Ord. No. 3032, § 2, 1-23-2024)

The applicant for a grading permit, under Section 15.40.070, or an erosion and sedimentation control permit, shall pay the following fees to the city:

A. Plan Check Fee. Whenever a permit is required by this chapter, the applicant shall pay a fee established by Council resolution to defray the cost of engineering and plan checking. The plan check fee shall be paid at the time of filing the application for the permit.

B. Inspection Fee. The applicant shall pay a fee established by Council resolution to defray the cost of engineering and inspection. The inspection fee shall be paid at the time of issuance of the permit.

C. If the permit is allowed to expire pursuant to Section 15.40.100, the inspection fee shall be refunded, less any direct costs incurred by the city.

D. If all improvements approved under the grading permit, including all public improvements, are not completed by the date shown on the valid grading permit, then an additional inspection fee, equal to the actual cost to the city, shall be required. The amount of such additional fees shall be deducted from the security deposit.

(Ord. No. 3032, § 2, 1-23-2024)

Every grading permit shall expire and become null and void if the work authorized by such permit has not been commenced within sixty (60) days of date the grading permit was issued; except that the City Engineer may, if the permit holder presents satisfactory evidence that unusual difficulties have prevented work from being started or completed within the specified time limits, grant a reasonable extension of time on said permit; provided that the application for the extension of time is made before the date of expiration of the permit and an erosion and sedimentation control permit is obtained when required.

(Ord. No. 3032, § 2, 1-23-2024)

The City Engineer shall deny a grading permit in any case where the work, as proposed by the applicant, is likely to endanger any private or public property, result in the deposition of debris thereon, remove or reduce lateral support or interfere with any drainage course. Factors to be considered in making such findings shall include, but shall not be limited to, possible saturation by rains, earth movement, runoff of surface waters, and subsurface conditions such as the stratification and faulting of rock, and nature and type of soil or rock. Failure of the City Engineer to observe or recognize hazardous conditions or to fail to deny the grading permit shall not relieve the owner or his or her agent from responsibility for the condition or damages resulting there from and shall not result in the city being responsible for the condition or damages resulting therefrom.

(Ord. No. 3032, § 2, 1-23-2024)

A. The City Engineer shall, when requested, make the inspections required in this section, and shall either approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with this chapter. Where it is found by inspection that the soil or other conditions are not as stated or shown in the application, the City Engineer may immediately order all work to cease until approval is obtained for a revised grading plan conforming to the existing conditions.

B. Plans for grading work, bearing the signature approval of the City Engineer, shall be maintained at the site during the progress of the grading work and until the work has been approved. The permittee shall notify the City Engineer or his/her designee in order to obtain inspections in accordance with the following schedule and at least forty-eight (48) hours before said inspection is to be made:

1. Initial Inspection. When the permittee or his agent is ready to begin work on an excavation or fill;

2. Rough Grading. When all rough grading has been completed and at least forty-eight (48) hours before special structures and final inspections is to be made:

3. Special Structures. When excavations are complete for retaining and crib walls and when reinforcing steel is in place and before concrete is poured;

4. Final Inspection. When all work, including slope planting and installation of drainage and other structures has been completed.

C. Compaction of fills which were approved by the City Engineer in accordance with Section 15.36.180 shall be inspected by a registered geotechnical engineer. A report prepared and signed by said geotechnical engineer shall be submitted to the City Engineer upon completion of the work and shall include the following:

1. A contour map showing the original and finished surfaces of the areas filled, unless such map has previously been filed as part of the application for the grading permit;

2. The foundation bearing values recommended for the compacted fill;

3. A description of the materials used in the fill and the procedure of deposit and compaction, including the preparation of original ground surface before making the fill;

4. A plan showing the location of tests made in the fill together with a tabulation of compaction test results;

5. A statement that all work was done in conformance with the provisions of this chapter.

Building permits cannot be issued until rough grading (graded soil surface is within six (6) inches of final planned grade or elevation and all rough drainage devices are installed) is complete and approved by the City Engineer or his/her designee.

(Ord. No. 3032, § 2, 1-23-2024)

If at any stage of the work the City Engineer determines that the nature of the formation is such that further work, as authorized by an existing grading permit, may expose to risk any property or public way, the City Engineer may immediately order all work to cease, and require as a condition to allowing further work to be done, that such reasonable safety precautions be taken as considered advisable by the City Engineer.

(Ord. No. 3032, § 2, 1-23-2024)

If, upon final inspection of any excavation or fill, it is found that the work authorized by the grading permit has been satisfactorily completed in accordance with the requirements of this chapter, and any other requirements imposed, the Civil Engineer of record shall so certify. Such certification is required before any building permit may be granted.

(Ord. No. 3032, § 2, 1-23-2024)

The City Engineer shall have the power to revoke such certification whenever the work is found to have been materially extended or altered without obtaining necessary permits from the city or that any of the work included in the grading permit has not been maintained in good condition and repair as specified in Section 15.40.040

(Ord. No. 3032, § 2, 1-23-2024)

A. Insurance Certificate. A certificate of insurance as required in Division (A) of this section, issued by a corporation authorized to do insurance business within the state, which certificate shall provide that the insurance thereby represented will not be canceled, reduced, or allowed to expire, shall be filed with the city before any permits under this chapter may be issued or authorized. All such insurance certificates shall be submitted to the City Attorney for approval before acceptance by the city. Said insurance shall insure to the benefit of any and all persons or property injured as a result of water or drainage damage, the flow of mud or debris, or earth slides, resulting from or contributed to by such excavation, fill or grading. The certificate shall designate the city as additional insured.

B. Insurance Policy. The policy of insurance shall be submitted which fully describes coverages and exclusions.

(Ord. No. 3032, § 2, 1-23-2024)

A. No excavation shall be made which creates any exposed surface steeper in slope than two (2) horizontal to one vertical. The City Engineer may require an excavation to be made with a cut-face flatter in slope if the City Engineer finds that the material in which the excavation is to be made is unusually subject to erosion, or if other conditions warrant a flatter slope for stability and safety.

B. Excavations shall not extend below the angle of repose, or natural slope, of the soil under the nearest point of any footing or foundation of any building or of the soil under the nearest point of any footing or foundation of any building or structure, unless such footing or foundation is first properly underpinned or protected against settlement in a manner satisfactory to the City Engineer.

C. No cut slope shall be constructed over thirty (30) feet in height unless the City Engineer has been furnished satisfactory evidence by a qualified geologist or geotechnical engineer that such slope will be stable. If the soil structure so requires, as determined by the Engineer, terraces not less than five (5) feet in width shall be constructed in all cut slopes at the rate of one terrace for each twenty (20) feet of height (or portion thereof) above twenty (20) feet.

(Ord. No. 3032, § 2, 1-23-2024)

A. No fill shall be made which creates any exposed surface steeper in slope than two (2) horizontal to one vertical unless supported by an approved geotechnical report. The City Engineer may require a fill to be constructed with an exposed surface flatter in slope if such flatter slope is determined to be necessary for stability and safety.

B. Unless otherwise approved by the City Engineer, no fill shall be made with materials other than clean soil or earth.

C. A written report of the compaction as specified in Section 15.40.120 shall be submitted to the City Engineer for review and approval.

D. The City Engineer may request additional test information or may modify or delete any of the above provisions if the site conditions or materials so warrant. However, in no case shall the City Engineer approve a slope steeper than that called for in this chapter without first finding that the steeper slope would lead to an improvement in the overall quality of the development. A steeper slope may be permitted only if two (2) reports prepared by registered soils engineers concur that minimum factors of safety exist for both surficial and gross stability. The cost of both reports shall be borne by the developer.

(Ord. No. 3032, § 2, 1-23-2024)

Retaining walls or cribbing shall be constructed in accordance with the provisions of the Building Code and shall be used whenever necessary to prevent the surface of any excavation or fill from exceeding the maximum allowable slopes set forth in this chapter and requires Building Division approvals.

(Ord. No. 3032, § 2, 1-23-2024)

A. Adequate provisions shall be made to prevent any surface waters from damaging the cut face of an excavation or the sloping surface of a fill. All drainage provisions shall be of such design as to carry surface waters to the nearest practical street, storm drain or natural watercourse approved by the City Engineer as a safe place to deposit and receive such waters, or to permit the flow of surface waters onto adjoining property in its normal manner, direction, location and volume. The City Engineer may require such drainage structures or facilities to be constructed or installed which, in the opinion of the City Engineer, are necessary to prevent erosion damage and to satisfactorily carry off surface waters.

B. Where pads or terraces are constructed, surface drainage shall not be permitted to sheet flow over the lower slope. Such drainage shall be carried laterally across the pad or terrace. When required by the City Engineer, terraces shall be paved.

(Ord. No. 3032, § 2, 1-23-2024)

All fill slopes shall be planted with approved ground cover, unless specifically exempted by the City Engineer. In addition, the City Engineer may require planting with approved ground cover for any cut slope to improve stability or to reduce erosion and runoff. In all cases where slope planting is required, approved sprinkler systems shall be installed to adequately water such planting. A landscape and irrigation plan shall be submitted to the Development Review Committee for approval.

(Ord. No. 3032, § 2, 1-23-2024)