Fowler Municipal Code Ch. 14 Grading Permit and Site Improvement Requirements

The purpose of this chapter is to establish procedures and requirements for the issuance of grading permits, safeguard and protect water resources and related habitats and control and reduce erosion, reduce sediment delivered to drainage and provide for sediment management practices by regulating grading, site improvements and related activities on private and public property.

(Ord. No. 2014-02, § 1, 7-15-14)

This chapter sets forth rules and regulations to control excavation, grading, site improvements and earthwork construction, including fills and embankments and erosion and sedimentation controls. This chapter also establishes the administrative procedure for issuance of grading and site improvement permits and provides for approval of plans and inspection of grading and construction of site improvements.

(Ord. No. 2014-02, § 1, 7-15-14)

As used in this chapter, the following words shall have the meaning provided in this Section:

(a) "Approval" means the Building Official has determined that the proposed work or completed work complies with the provisions of this chapter.

(b) "As-Graded" means the extent of surface conditions on completion of grading.

(c) "Bench" means a relatively level step excavated into earth material on which fill is to be placed.

(d) "Best management practices" (BMPs) means physical and managerial practices that, when used separately, or in combination, prevent or reduce erosion, sedimentation, or pollution of water. An example of a guide for BMPs is the State Water Resources Control Board Best Management Practices Construction Handbook.

(e) "Borrow" means earth material acquired from an off-site location for use in grading on a site.

(f) "Building Official" means the Building Official for the City of Fowler.

(g) "City" means the City of Fowler.

(h) "City Engineer" means the person or firm selected and appointed by the City of Fowler to act as its City Engineer.

(i) "Civil engineer" means a professional engineer registered in the State of California to practice in the field of civil works and is qualified in accordance with Section 6730 et seq. of the California Business and Professions Code, or successor provisions.

(j) "Civil engineering" means the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials in the evaluation, design and construction of civil works.

(k) "Clearing" means the destruction or removal of vegetation by manual, mechanical, or chemical methods resulting in exposed soils.

(l) "Compaction" means the densification of a fill by mechanical means.

(m) "Construction activities; excavation and earth moving" means activities that are an integral and necessary part of a construction project undertaken to prepare a site for construction of structures, landscaping, or other land improvements, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments.

(n) "Earth material" means any rock, natural soil or fill or any combination thereof.

(o) "Engineering geologist" means a registered geologist experienced and knowledgeable in engineering geology and certified by the State of California to practice as a "certified engineering geologist."

(p) "Engineering geology" means the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

(q) "Erosion" means the wearing away of the ground surface as a result of the movement of wind, water or ice.

(r) "Excavation" means the mechanical removal of earth material.

(s) "Fill" means a deposit of earth material placed by mechanical means.

(t) "Grade" means the vertical location of the ground surface.

(1) "Existing grade" means the grade prior to grading.

(2) "Finish grade" means the final grade of the site which conforms to the approved plans.

(3) "Rough grade" means the stage at which the grade approximately conforms to the approved plans.

(u) "Grading" means filling, land contouring, clearing and grubbing, drainage activities, site preparation, and road building.

(v) "Key" means a designed compacted fill placed in a trench excavated in earth material beneath the toe of proposed fill slope.

(w) "Land disturbance activity" means any activity that results in a change in the soil cover or the soil topography.

(x) "Plans, preliminary" means drawings which are: drawn to scale, and in sufficient detail to indicate the anticipated areas of impact resulting from grading and related activities. Preliminary plans shall include the proposed methods of mitigating the impacts of storm water runoff to a level of less than significant through the use of Best Management Practices or equivalent techniques.

(y) "Plans, final" means drawings provided in sufficient detail for use in the control of construction or related activities and for use in the issuance of permits and approval of improvement plans. The final plans shall be accompanied by supporting calculations.

(z) "Professional inspection" means the inspection required by this chapter to be performed by a civil engineer, soils engineer or engineering geologist or by persons supervised by such engineers or geologists and sufficient to form an opinion relating to the conduct of the work that is the subject of the inspection.

(aa) "Registered geotechnical engineer" means an engineer experienced and knowledgeable in the practice of geotechnical (soils) engineering and licensed by the State of California to practice as a geotechnical engineer. A registered civil engineer may prepare the required geotechnical engineering (soils) report if the civil engineer has at least fifteen (15) years of experience in preparing such reports for private or public projects, such reports have been accepted for use by public agencies, and civil engineer maintains the qualifications required by Section 6736.1 of the California Business and Professions Code, or successor provisions.

(bb) "Registered geologist" means a geologist experienced and knowledgeable in geology and certified by the State of California to practice in the field of geology.

(cc) "Sedimentation" means the process of deposition of fragmented rock, soils, or organic particles displaced, transported, and deposited by erosive processes.

(dd) "Site" means any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.

(ee) "Site improvements" means any physical improvements to a site, such as, but not limited to, asphalt or concrete surfacing, curb and gutter, valley gutters, sidewalks, utility extensions, drainage systems and landscaping.

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

(gg) "Slope, determination of cross slope" means the measurement, at fifty (50) foot intervals, of the average slope perpendicular to the contour lines.

(hh) "Soil" means naturally occurring superficial deposits overlying bedrock.

(ii) "Soils engineer (geotechnical engineer)" see registered geotechnical engineer.

(jj) "Soils engineering (geotechnical engineering)" means the application of the principles of soils mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection or testing of the construction thereof.

(kk) "Storm water pollution prevention plan" (SWPPP) means a plan required for various construction and industrial activities pursuant to the Federal Clean Water Act and related Federal State or local regulations.

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

(mm) "Vegetation Maintenance" means lawn and yard maintenance, brush and tree pruning, home gardening, removal of exotic (non-native) plant species, and other land maintenance activities involving cutting, removal, or planting of non-exotic vegetation by manual, mechanical, or chemical methods.

(Ord. No. 2014-02, § 1, 7-15-14)

(a) Permit Required. Except as specified in subsection (b) below, no person shall perform any grading or site improvement work without first obtaining a grading permit from the Building Official.

(b) Exempt Work. A grading permit is not required for the following:

(1) When work is limited to grading only in a self-contained area so long as there is no likelihood of: (i) damage to private or public property; (ii) damage to the environment; (iii) effects on fisheries habitat or other aquatic resources; or (iv) runoff concerns or indications of wet areas, as determined by the Building Official.

(2) An excavation below finished grade for basements and footings of a building, retaining wall or other structure, the construction of which is permitted by a current building permit.

(3) Routine road and drainage facility maintenance including culvert maintenance.

(4) Cemetery graves.

(5) Solid waste disposal sites regulated by the State Integrated Waste Management Act.

(6) Excavations for wells, tunnels or utilities, not associated with site improvements.

(7) Exploratory excavations under the direction of a soil engineer, geologist or engineering geologist.

(8) Routine tilling and field preparation activities associated with agricultural and livestock operations.

(9) Routine vegetation maintenance.

(10) Any grading or related activity conducted as a part of a City project, such as new road, bridge or trail construction, or landfill activities, or activities related to maintenance or repair of existing City facilities.

(Ord. No. 2014-02, § 1, 7-15-14)

(a) Permit Procedure. In order to obtain a grading permit, the applicant must complete the procedure identified in this section. Except as exempted pursuant to Section 8-14.04 of this chapter, no person shall perform any grading or site improvements without first obtaining a grading permit from the Building Official.

(b) Application. The applicant must complete the grading permit application required by the City. In addition to any City requirements and standards, the application standards set forth in California Building Code Section 106.3.1 are applicable to a grading permit application submitted to the City. In addition, the application shall state the estimated quantities of work involved.

(c) Grading Application Requirements. Application for a grading permit shall be accompanied by two (2) sets of plans and specifications. The plans and specifications shall be prepared and signed by an individual licensed by the state to prepare such plans or specifications. The plans and specifications shall contain the following, as applicable:

(1) Specifications shall contain information covering construction and material requirements.

(2) Plans shall be drawn to scale upon substantial paper and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail compliance with the provisions of this chapter and all applicable Federal, State and local laws, ordinances, rules and regulations. The first sheet of each set of plans shall give location of the work, the name and address of the owner and the person by whom they were prepared.

(3) The plans shall include the following information:

i. Location of the proposed site.

ii. Property limits and accurate contours of existing ground and details of area drainage.

iii. Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction.

iv. Detailed plans of all surface and subsurface improvements and drainage devices and other protective devices to be constructed with, or as a part of, the proposed work together with a map showing the drainage area and the estimated runoff of the area served by any drains. The plans shall show or provide by narrative the location of discharge points to the nearest drainage basin.

v. Detailed plans of all physical site improvements including, but not limited to, asphalt or concrete surfacing, curb and gutter, valley gutters, sidewalks, utility extensions, drainage systems and landscaping improvements.

vi. Location of any buildings or structures on the site where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within fifteen (15) feet of the site property lines or which may be affected by the proposed grading operations.

vii. Recommendations included in any required soils engineering report and engineering geology report shall be incorporated in the grading plans or specifications. When approved by the Building Official, specific recommendations contained in the soils engineering report and the engineering geology report, which is applicable to grading, may be included by reference.

viii. The dates of the soils engineering and engineering geology reports together with the names, addresses and phone numbers of the firms or individuals who prepared the reports.

(d) Soils Engineering Report. When a soils engineering report is required, it shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, including buttress fills, when necessary, and opinion on adequacy for the intended use of sites to be developed by the proposed grading as affected by soils engineering factors, including the stability of slopes.

(e) Issuance. The Building Official may require that grading operations and project designs be modified if delays occur, including, without limitation, weather-generated delays which create problems or issues not considered at the time the permit was issued. The Building Official may also require professional inspection and testing by a soils engineer. When the Building Official has cause to believe that adverse geologic factors may be involved, the grading will be required to conform to engineered grading.

(Ord. No. 2014-02, § 1, 7-15-14)

(a) General. Fees for the issuance of grading and site improvement permits shall be set by resolution adopted by the City.

(Ord. No. 2014-02, § 1, 7-15-14)

(a) The Building Official may require bonds in such form and amounts as may be deemed necessary by the Building Official to assure that the work is completed in accordance with the grading permit and associated approved plans and specifications.

(b) In lieu of a surety bond the applicant may file a cash deposit with the City, or instrument of credit in a form acceptable to the City, in the amount required by the Building Official.

(Ord. No. 2014-02, § 1, 7-15-14)

standards.

(a) General. All grading activities shall conform to the provisions of this Section unless the soils engineering report, approved by the City, requires procedures different than those set forth in this section.

(b) Cut Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use, as determined by the Building Official and shall be no steeper than one unit vertical in two (2) units horizontal (50% slope) unless the applicant furnishes a soils engineering or an engineering geology report, or both, stating that the site has been investigated and establishing that a cut at a steeper slope will be stable and not create a hazard to property or the environment.

(c) Fill Slope and Preparation.

(1) Preparation of Ground. Fill slopes shall not be constructed on natural slopes steeper than one unit vertical in two (2) units horizontal (50% slope). The ground surface shall be prepared to receive fill by removing vegetation, non-complying fill, topsoil and other unsuitable materials, scarifying the exposed surface to provide better bonding with the new fill and, where slopes are steeper than one unit vertical in five (5) units horizontal (20% slope) and the height is greater than five (5) feet, by benching, into sound bedrock or other competent material as determined by a Registered geotechnical engineer or an engineering geologist retained by the applicant. The bench under the toe of a fill on a slope steeper than one unit vertical in five (5) units horizontal shall be at least ten (10) feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. When fill is to be placed over a cut, the bench under the toe of fill shall be at least ten (10) feet wide but the cut shall be made before placing the fill and acceptance by the soils engineer or engineering geologist or both as a suitable foundation for fill.

(2) Fill Material. Amounts of organic material detrimental to structural integrity shall not be permitted in fills. Except as permitted by the Building Official, no rock or similar irreducible material with a maximum dimension greater than twelve (12) inches (0.31 m) shall be buried or placed in fills.

(d) Maintenance Required. The property owner shall be responsible for adequately maintaining all drainage facilities installed pursuant to this Section.

(e) Inspection.

(1) General. Grading activities for which a grading permit is required shall be subject to inspection by the Building Official. The City shall have the right to retain the services of a civil engineer, soils engineer, or engineering geologist, as applicable, to provide inspection services for engineered grading, and as required by the Building Official for regular grading. The applicant shall reimburse the City any and all inspection costs and fees.

(2) Civil engineer. If the City retains a civil engineer to provide professional inspection for the grading, the civil engineer shall do so within such engineer's area of technical specialty, which shall include, without limitation, observation, review and approval of line, grade and surface drainage of the development area. If revised plans are required during the course of the work they shall be prepared by the applicant's civil engineer.

(3) Soils engineer. If the City retains a soils engineer to provide professional inspection for the grading, the soils engineer shall do so within such engineer's area of technical specialty, which shall include, without limitation, observation during grading and testing for required compaction. The soils engineer shall provide sufficient observation during the preparation of the natural ground and placement and compaction of the fill to verify that such work is being performed in accordance with the approved plan and the appropriate requirements of this chapter. Recommendations by the soils engineer which differ from the approved soils engineering and engineering geology reports shall be submitted to the applicant, the Building Official and the applicant's civil engineer and soils engineer.

(4) Applicant. The applicant shall be responsible for all work to be performed in accordance with the approved plans and specifications and in compliance with the provisions of this chapter. The applicant shall be responsible for informing the Building Official of any changed conditions and shall provide revised plans for review and approval.

(5) Building Official. The Building Official shall inspect the project at the various stages of work to verify that adequate control is being exercised by applicant's professional consultants.

(6) Notification of Noncompliance. If, in the course of fulfilling their respective duties under this chapter, the City retained civil engineer, soils engineer, or engineering geologist finds that the work is not being performed in compliance with the provisions of this chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the applicant and to the Building Official.

(7) Transfer of Responsibility. If applicant's civil engineer or soils engineer is changed during grading, the work shall be stopped until the applicable replacement has agreed in writing to accept responsibility within the area of technical competence. It shall be the duty of the applicant to notify the Building Official in writing of such change prior to the re-commencement of such grading.

(f) Erosion and Sedimentation Control.

(1) Administration.

i. The administration of this section, as it affects erosion and sediment control and related activities, is the responsibility of the City Engineer.

ii. The administration of this section as it affects other building, grading, and related activities is the responsibility of the Building Official.

(2) Relationship to Other Regulations.

i. The City's Municipal Code requires the submission of a grading permit as a part of the subdivision map process. The City Engineer shall be responsible for the administration of these regulations where a grading permit application is submitted as a part of a subdivision map.

ii. Any soils or geologic reports prepared for any project where a grading permit is required as a part of a tentative subdivision map application, or related environmental document, shall be placed in the records of the Building Official.

(3) Erosion and Sedimentation Control. These minimum erosion and sedimentation control standards shall apply to all projects requiring building, grading, and/or development permits to control sedimentation and prevent damage to onsite and offsite property. These standards shall be incorporated into the project design and shall be adhered to during project construction:

i. General Standards.

• Minimize soil exposure during the rainy season by proper timing of grading and construction.

• Retain trees and natural vegetation to stabilize hillsides, retain moisture, reduce erosion, minimize siltation and nutrient runoff and preserve scenic qualities.

• Vegetate and mulch denuded areas to protect them from winter rains.

• Divert runoff away from steep, denuded slopes or other critical areas with barriers, berms, ditches or other facilities.

• Design grading to be compatible with adjacent areas and result in minimal disturbance of the terrain and natural land features.

• Limit construction, clearing of vegetation and disturbance of the soil to areas of proven instability. Mitigate geologic hazards and adverse soil conditions when they are encountered.

• Reduce sediment transport off the site to the maximum extent feasible through the use of Best Management Practices (BMPs).

• Propose a new or modified erosion and sediment control technique if the technique is preferred and meets the intent of these regulations. Obtain approval from the City prior to implementation.

• Conduct frequent site inspections to ensure that control measures are working properly and to correct problems as needed.

• Employ other means of erosion and sediment control as required by the City Engineer or City's Public Works Director as applicable.

ii. Sediment Control.

• Use sediment basins, silt traps, or similar measures to retain sediment transported by runoff water onsite.

• Collect and direct surface runoff at non-erosive velocities to the common natural watercourse of the drainage area.

• Avoid concentrating surface water anywhere except swales or watercourses.

• Prevent mud from being tracked onto the public roadway by traveling over a temporary gravel construction entrance or washing off vehicle tires before entering a public or private driveway.

iii. Slope Construction.

• Minimize length and steepness of slopes by benching, terracing or constructing diversion structures.

• Preserve, match, or blend cuts and fills with the natural contours and undulations of the land.

• Round sharp angles at the top and sides of cut and fill slopes.

• Maintain cut and fill slopes at less than two-to-one (2:1, run:rise) slope unless a geological and engineering analysis indicates that steeper slopes are safe and erosion and sediment control measures can successfully prevent erosion.

• Where a cut or fill slope occurs between two (2) lots, make the slope a part of the downhill lot if possible.

iv. Protection of Watercourses and Drainage Inlets.

• Prepare drainageways to handle concentrated or increased runoff from disturbed areas by using appropriate lining materials or energy absorbing devices to reduce the velocity of runoff water.

• Deposit or store excavated materials away from watercourses.

• Protect all existing or newly installed storm drainage structures from sediment clogging.

• Use straw bales, filter fabric wraps and drainage inlet protections in a manner that does not cause additional corrosion or flooding of a roadway.

v. Disposal of Excavated Materials.

• Stockpile topsoil on the site for use on areas to be revegetated.

• Place stockpiled soil in locations, so that if erosion occurs, it will not contribute to offsite sediment discharge.

• Protect stockpiled soil promptly through the use of appropriate Best Management Practices to reduce the risk of erosion and sediment transport. Apply mulch or other protective coverings on stockpiled material that will be exposed through the winter season.

• Dispose of excavated material not used at the site at a location approved by the City.

vi. Dust Control.

• All construction areas, including disposal sites, shall be treated and maintained as necessary to minimize the emission of dust. Maintenance shall be conducted as necessary to prevent a nuisance to offsite properties.

• All construction sites, including driveways, shall be maintained as necessary to minimize the emission of dust and prevent the creation of a nuisance to adjacent properties.

vii. Revegetation.

• Apply temporary seeding and mulching to disturbed areas prior to October 15 unless the project is conditioned otherwise.

• Establish a permanent vegetative cover on denuded areas not otherwise stabilized. Permanent vegetation ground cover must control soil erosion satisfactorily and survive severe weather conditions.

• Retain a vegetative barrier whenever possible around property boundaries.

• Use self-sustaining, non-invasive plants that require little or no maintenance and do not create an extreme fire hazard.

• Use native plant species whenever feasible.

(4) Erosion and sediment control plan requirements.

i. Preparation. A site-specific erosion and sediment control plan shall be prepared and submitted with any grading and/or development application which involves grading or related activities which has any one of the following characteristics:

• The total area of grading and related activities is one acre or more.

• The slope is fifteen percent (15%) or steeper (of the area to be developed).

• The grading is located within an area of moderate or high geologic instability.

The grading is within a floodplain.

• The grading is for a driveway or road which exceeds 300 feet in length.

• The grading is proposed to occur during winter land disturbing operations (October 15th—April 15th).

In addition, the City Engineer may require, at any time during design or construction of any project, an erosion and sediment control plan prepared by a qualified professional at the property owner's expense.

The plan shall be prepared by a person or firm qualified by training and experience to have expert knowledge of erosion and sediment control methods. The professionally qualified person or firm may be a duly licensed or registered architect, civil engineer, engineering geologist, landscape architect, professional forester, professional soil erosion and sediment control specialist, or a soil conservation service employee working under the direction of a qualified professional. When approved by the City Engineer, such plan shall be implemented by the property owner. Costs incurred by the City for the checking of plans or calculations or for inspection as a result of preparation of an erosion and sediment control plan shall be borne by the property owner per the adopted City fee schedule.

ii. Implementation Measures.

The proposed measures shall be based on recommendations contained in the latest edition of the State of California Erosion and Sediment Control Handbook or State Water Resources Control Board Best Management Practice Construction Handbook or equivalent Best Management Practices erosion and sediment control guides.

iii. Contents. The plan shall conform to the requirements found in this section.

• General.

♦ Identify the property owner, plan preparers, project location and activity.

♦ Include a statement that the plan was prepared by a person or firm qualified by training and experience to have expert knowledge of erosion and sediment control methods. If the plan is not prepared by a licensed or registered professional, state the justification for selection of the person or firm who prepared the plan.

♦ Identify Best Management Practices guide(s) used for plan preparation.

♦ Outline the construction schedule and provide specific deadlines for implementation of erosion control features, and specific grading and erosion control activities that will occur after Final Map recordation or final project approval.

♦ Include a schedule for inspection and maintenance of erosion control features by date, project milestone or rainfall event. Specify the individuals responsible for the inspection and their reporting requirements.

♦ Identify temporary sediment detention basins necessary to retain sediment transported by surface water onsite, including:

• Location, dimensions and design.

• Design criteria and hydraulic sizing calculations.

• Construction method.

• Maintenance requirements and schedule.

• Methods to prevent vehicle tracking of mud onto public roadways.

♦ Dust control.

iv. Storm Water Pollution Prevention Plans (SWPPP). For projects subject to the requirement to prepare a SWPPP, a preliminary SWPPP may be submitted in lieu of the erosion and sediment control plan required by the provisions of this section, so long as the SWPPP addresses all the standards and conditions contained in this section.

(Ord. No. 2014-02, § 1, 7-15-14)

(a) Final reports. Upon final completion of the work, the following reports and drawings and supplements thereto are required for engineered grading, or when professional inspection is performed for regular grading, as applicable and shall be provided to the City:

(1) A set of record drawings prepared by the civil engineer retained to provide such services shall show the original ground surface elevations, as-graded ground surface elevations, lot drainage patterns, and the locations and elevations of surface drainage facilities and of the outlets of subsurface drains. As constructed locations, elevations and details of subsurface drains shall be shown as reported by the soils engineer.

(2) Civil engineers shall submit a written statement that to the best of their knowledge the work within their area of responsibility was done in accordance with the final approved grading plan and applicable provisions of this chapter.

(3) A report prepared by the soils engineer retained to provide such services shall include the locations and elevations of field density tests, summaries of field and laboratory tests, other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the approved soils engineering investigation report. Soils engineers shall submit a written statement that, to the best of their knowledge, the work within their area(s) of responsibility was done in accordance with the approved soils engineering report and applicable provisions of this chapter.

(4) The grading contractor shall submit, in a form prescribed by the Building Official, a statement of conformance to the as-built plan and the specifications.

(5) Notification of completion. The applicant shall notify the Building Official when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices, and all erosion-control measures have been completed in accordance with the final approved grading plan, and the required reports have been submitted to the City.

(Ord. No. 2014-02, § 1, 7-15-14)