Lafayette Municipal Code Ch. 3-7 Grading

Section 716-4.202 of the County Ordinance Code that was adopted by reference by section 1.d.(10) of Ordinance No. 131 and amended by Ordinance No. 527 is amended to read as follows:

716-4.202 Required—Generally

(a) No person may grade as that term is defined in section 716-2.426 without a valid permit unless excepted as provided in section 716-4.204.

(b) A grading permit is required for each subdivision as defined by the City's subdivision regulations and every project for which the City requires a grading permit as a condition of approval, notwithstanding the exceptions set forth in section 716-4.204. The community development department shall review the permit for compliance with the City's subdivision regulations.

(c) A separate grading permit is required for work on each site. However, if the grading permit covers contiguous sites and the entire area is included in the grading plans accompanying the application for a permit, one permit may cover all the sites.

(d) An application for a grading permit involving 50 or more cubic yards must be accompanied by an application for a "project for development." A "project for development" means construction, reconstruction or alteration of the size of a residence or other structure, drainage improvement, slide repair, landscaping, the construction of a swimming pool or retaining wall and any other change in the density or intensity of the use of land.

1. The zoning administrator acts on each application for a permit that involves between 50 and 200 cubic yards and may (i) approve the permit with or without conditions, (ii) schedule and hold a public hearing on the application, or (iii) refer the application to the Design Review Commission.

2. If the application involves more than 200 cubic yards, the zoning administrator may either process the application as the approving authority or may refer the application to the Design Review Commission as the approving authority. In either case, the application requires a public hearing.

3. Before the zoning administrator or Design Review Commission acts upon an application for a grading permit, notice must be given and a hearing held. The City shall mail or deliver notice of the application in accordance with the notice provisions set forth in section 6-211(b) of the Lafayette Municipal Code. The notice shall state the general nature of the application, the street address of the property involved or its legal or boundary description, and the date of the public hearing on the application.

(e) In each case where a public hearing is required and before issuing the grading permit the zoning administrator or Design Review Commission, as the case may be, must make the following findings:

1. The grading will not endanger the stability of the site or adjacent property or pose a significant ground movement hazard to an adjacent property. The decision making authority may require the project geotechnical engineer to certify the suitability of the project supported by appropriate technical studies, including subsurface investigation;

2. The grading will not significantly increase erosion or flooding affecting the site or other property and will not cause impacts to riparian habitats, stream channel capacity or water quality that cannot be substantially mitigated;

3. The grading, when completed, will result in a building site that is visually compatible with the surrounding land;

4. The grading is sensitive to the existing landforms, topography and natural features on the site;

5. The design of the project preserves existing trees on the site and trees on adjoining property to the extent possible;

6. Arborist recommendations for retained trees, if any, are incorporated into the grading plans.

(f) The approval of a permit to move more than 200 cubic yards that accompanies an application for a project is subject to approval by the zoning administrator and the Design Review Commission, as the case may be. The decision of the zoning administrator is appealable to the Design Review Commission. The decision of the Design Review Commission is appealable to the Planning Commission.

(g) If the application is for a project that requires approval by the zoning administration, Design Review Commission or the Planning Commission, the application for the grading permit shall be included as part of the project application.

(h) Each grading permit requires a final grading plan that is subject to review and approval by the City engineer and the zoning administrator.

(Ord. 536 § 1, 2002: Ord. 527 § 1, 2002)

Sections 716-4.204, 716-4.206 and 716-4.208 of the County Ordinance Code that were adopted by reference by section 1.d.(10) of Ordinance No. 131 and amended by Ordinance No. 527 are amended and combined and consolidated into section 716-4.204 to read as follows:

716-4.204 Exceptions to the requirement for a grading permit. A grading permit is not required for:

1. minor grading that involves:

a. land leveling for agricultural farming, if the average ground elevation is not changed more than 3 feet (0.914 meters);

b. cemetery graves;

c. the movement of less than 50 cubic yards. However, if the movement of less than 50 cubic yards would alter a drainage course or have an adverse impact on unique natural features or vegetation, the zoning administrator shall hold a hearing before issuing a grading permit.

2. the following types of grading:

a. an excavation below finished grade for basements and footing of structures authorized by a valid building permit or trench excavations for the purpose of installing underground utilities, if to be backfilled to natural grade;

b. mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay, for which a permit has been granted by the planning agency; provided that, such operations do not affect the lateral support or increase the stresses in, or pressure upon, any adjacent or contiguous property;

c. improvement of watercourses and construction of drainage, irrigation and domestic water supply systems and facilities performed under the supervision of the flood control district, an agency of the federal or state government, a water or sanitation district, or an irrigation or reclamation district;

d. the construction, repair and maintenance of levees for river and local drainage control performed by a governmental agency;

e. refuse and garbage disposal sites controlled by other regulations;

f. emergency work, as authorized by the county building official, necessary to protect life, limb or property, or to maintain the safety, use or stability of a public way or drainage way;

g. excavation for installation of underground storage tank where the capacity of the tank does not exceed 20,000 gallons (75700 liters);

h. grading in an isolated, self-contained area if the county building official determines that no danger to private or public property is likely to result from the grading operations;

i. the structural section of subdivision streets in tracts for which subdivision improvement plans have been reviewed by the City and the work is being inspected by the City under the City's subdivision regulations;

j. a temporary local borrow pit for road material and top soil for landscaping situated within a larger ownership being subdivided into lots, if the material is being used entirely within the tract being subdivided, and if the excavation does not endanger property under another ownership or creates a public nuisance or safety hazard. The land shall be graded to comply with this division on cessation of excavation within the pit areas;

k. a temporary stockpile of top-soil material required for landscaping loss being graded in the immediate area for building purposes if the stockpile is not placed within a public right-of-way, does not obstruct a drainage way, is not subject to erosion which will cause silting problems in a drainage way, does not endanger another property, and does not create a public nuisance or safety hazard, as determined by the building official. The land shall be graded to comply with this division after removal of the stockpile;

1. a fire trail, or access road to a public utility gas and electric transmission line.

(Ord. 536 § 2, 2002: Ord. 527 §§ 2, 3, 2002)

Section 716-4.402 of the County Ordinance Code that was adopted by reference by section 1.d.(10) of Ordinance No. 131 and amended by Ordinance No. 527 is amended to read as follows:

716-4.402 Applications—Written. To obtain a permit the applicant shall first file a written application with the planning services division of the City on an approved form. Every application shall conform to the requirements set forth in Sections 716-4.404—716-4.414. The City shall process the application as provided in section 716-4.202(d) and (e).

(Ord. 536 § 3, 2002)

Section 716-4.414 of the County Ordinance Code that was adopted by reference by section 1.d.(10) of Ordinance No. 131 is amended to read as follows:

716-4.414 Applications—Other information. The applicant shall submit such other information as may be required by the City's planning services division or building official.

(Ord. 536 § 4, 2002)

Section 716-4.604 of the County Ordinance Code that was adopted by reference by section 1.d.(10) of Ordinance No. 131 is amended by adding subsection (g) to read as follows:

(g) such other information as required by the City's planning services division.

(Ord. 536 § 5, 2002)

Section 716-4. 1002 of the County Ordinance Code that was adopted by reference by section 1.d.(10) of Ordinance No. 131 is amended to read as follows:

716-4.1002 Fees—Generally. For a grading permit the applicant shall pay (1) the fees set forth in sections 716-4. 1006—716-4. 1016 and (2) the fees fixed by resolution of the City Council.

(Ord. 536 § 6, 2002)

In Division 716 of the County Ordinance Code adopted by reference by the City (Chapters 716-2 through 716-8) references are made to the "county building official." Wherever a reference appears to "county building official" in the following sections, there is added "and the Planning Service Division" after the reference to county building official:

(Ord. 536 § 7, 2002)

Section 716-4.1416(b) that was adopted by reference by section 1.d.(10) of Ordinance No. 131 is amended by deleting the reference to Title 8 and substituting the reference to "Title 6 of the Lafayette Municipal Code."

(Ord. 536 § 8, 2002)

APPENDIX A:\CONTRA COSTRA COUNTY GRADING ORDINANCE

Title 7 BUILDING REGULATIONS

Division 716 GRADING

Chapter 716-2—General Provisions

Chapter 716-4—Permits

Chapter 716-6—Control of Work

Chapter 716-8—Regulations

Any excavation or fill which the county building official finds is a menace to life, limb or property or adversely affects the safety, use or stability of a public way or drainage way or channel is declared to be a public nuisance, and in addition to any other remedy available under the law, may be abated pursuant to Article 14-6.4. (Ords. 99-46 § 4: 88-88 § 15, 69-59 § 1, 1969)

This division is the grading ordinance of Contra Costa County.

(Ord. 69-59 § 1, 1969)

As used in this division, the following words and phrases have the meanings set forth in Sections 716-2.404—716-2.436, unless otherwise required by the context.

(Ord. 69-59 § 1, 1969)

This division sets forth regulations for control of excavating, grading, earthwork construction, including fills or embankments and related work.

(Ord. 69-59 § 1, 1969)

"Approved soil testing agency" is an agency regularly engaged in the testing of soil under the direction of a civil engineer experienced in soil mechanics (a soil engineer) when such agency has been approved by the building official.

(Ord. 69-59 § 1, 1969)

"Bedrock" is the relatively solid, undisturbed rock in place either at the ground surface or beneath superficial deposits of gravel, sand or soil.

(Ord. 69-59 § 1, 1969)

The county building official is the director of the building inspection department or his or her duly authorized deputy charged with enforcement of this division. (Ords. 99-46 § 2: 69-59 § 1, 1969)

"Building pad" is that area of a lot, parcel or site which will be occupied by the building structure, and includes any other structure or improvement attached, adjoining or adjacent thereto.

(Ord. 69-59 § 1, 1969)

"Civil engineer" means a professional engineer in the branch of civil engineering holding a valid certificate of registration issued by the state of California.

(Ord. 69-59 § 1, 1969)

"Compaction" means the act of compacting or consolidating soil and rock material to a specified density, and the resulting compacted state of the material.

(Ord. 69-59 § 1, 1969)

"County specifications" means the current specifications and their amendments adopted by the board of supervisors, relating to county ordinances or to general use by county departments having jurisdiction over earthwork, roads, buildings, drainage, and similar construction.

(Ord. 69-59 § 1, 1969)

No person shall perform any work within the scope of this division without first having obtained a permit from the building inspection department pursuant to this division.

(Ord. 69-59 § 1, 1969)

No person shall grade, whether or not a permit is required therefor under this division, so that dirt, soil, rock, debris, or other material washed, eroded, or moved from the property by natural or artificial means creates a public nuisance or hazard, or an unlawful encroachment on other property or on a public road or street. Any such matter deposited within the right-of-way of a public road or street which may constitute a nuisance or hazard to public traffic shall be removed immediately, and failure to do so on notice from the county, authorizes the county to have the matter removed at the expense of the responsible party and/or permit holder.

(Ord. 69-59 § 1, 1969)

No person shall obstruct, impede or interfere with the natural flow of storm waters, whether unconfined upon the surface of the land, within land depressions or natural drainage ways, within unimproved channels or watercourses, or within improved ditches, channels or conduits, except for construction operations permitted by the county.

(Ord. 69-59 § 1, 1969)

No person shall excavate, or remove any material from any levee or do any work on levees required for river or local drainage control without prior approval of the local governmental agency responsible for the maintenance of the levee.

(Ord. 69-59 § 1, 1969)

No person shall perform any work or construct any facility (including excavation or embankment, trenching, driveway construction, or drainage facility) within the right-of-way of a public road or street, or within an easement under the jurisdiction of this county, without a permit from the county agency having jurisdiction.

(Ord. 69-59 § 1, 1969)

* For encroachments of public rights-of-way, see Div. 1002, this code.

The building inspection department shall administer this division.

(Ord. 69-59 § 1, 1969)

* For building inspection department, see Ch. 72-2, this code.

The county building official is authorized to issue bulletins to interpret or clarify the administrative and technical details of this division.

(Ords. 99-46 § 3: 69-59 § 1, 1969)

To obtain a permit the applicant shall first file a written application on an approved form. Every application shall conform to the requirements set forth in Sections 716-4.404—716-4.414.

(Ord. 69-59 § 1, 1969)

The application shall describe the site by lot, block and tract designation, and by a street address or similar description sufficient to readily identify it.

(Ord. 69-59 § 1, 1969)

The application shall state the name and address of the owner of the site, the person who is to perform the work, and the soil and civil engineer if such work is to be performed as supervised grading. The permit shall be issued only to the owner or his agent.

(Ord. 69-59 § 1, 1969)

The applications shall be accompanied by plans, specifications and calculations as may be required by Sections 716-4.602—716-4.608.

(Ord. 69-59 § 1, 1969)

The application shall state the estimated cost of performing the work.

(Ord. 69-59 § 1, 1969)

The application shall be signed by the applicant or his authorized agent, who may be required to submit evidence of such authority.

(Ord. 69-59 § 1, 1969)

The application shall give such other information as may be required by the building official.

(Ord. 69-59 § 1, 1969)

With each application for a permit and when required by the county building official for enforcement of any provisions of this code, four sets of plans and specifications shall be submitted. Except as waived by the county building official for small and unimportant work, the plans shall be prepared and signed by a civil engineer or architect and shall contain the items set forth in Sections 716-4.604—716-4.608, plus any additional material which the county building official deems necessary to show conformance of the proposed grading with the requirements of this division and other related ordinances.

(Ords. 99-46 § 6: 69-59 § 1, 1969)

Plans and specifications shall contain:

(a) A vicinity sketch or other means of adequately indicating the site location;

(b) Boundary lines of the site;

(c) Each lot or parcel of land into which the site is proposed to be divided;

(d) The location of any existing buildings or structures on the property where the work is to be performed, and the location of any buildings or structures on adjacent land which may be affected by the proposed work;

(e) Accurate contours showing the topography of the existing ground; and

(f) Sufficient information to demonstrate compliance with Chapters 816-4 and 816-6 (tree preservation).

(Ords. 99-46 § 6: 69-59 § 1, 1969)

Plans and specifications shall also show:

(a) All of the proposed uses of the site and, if the site is to be divided, the proposed use of each lot or parcel of land;

(b) Elevations, location, extent and slope of all proposed grading shown by contours, cross-sections or other means and location of any rock disposal areas, buttress fills or other special features to be included in the work;

(c) Detailed plans of all drainage systems and facilities, walls, cribbing, or other erosion protection devices to be constructed in connection with, or as a part of the proposed work, together with a map showing the draining area and estimated runoff of the area served by any drainage systems or facilities.

(Ords. 99-46 § 6: 69-59 § 1, 1969)

Plans and specifications shall also contain:

(a) A statement of the quantities of material to be excavated and/or filled and the amount of such material to the imported to, or exported from the site;

(b) A statement of the estimated starting and completion dates for work covered by the permit;

(c) A promise signed by the owner, or his authorized agent, that a civil engineer, soil engineer and/or engineering geologist will be employed to give technical supervision or make inspections of the work, whenever approval of the plans and issuance of the permit is to be based on the condition that such professional person be so employed;

(d) Routes of travel to be used for trucks hauling material to and from the site;

(e) Hours and days of work approved by the county building official, the zoning administrator, or the appropriate governing body.

(Ords. 99-46 § 6: 69-59 § 1, 1969)

The county building official may require an engineering geologist's investigation and report, based on the most recent plan. The engineering geological report shall include an adequate description of the geology of the site and conclusions and recommendations regarding the effect of geologic conditions on the proposed development.

(Ords. 99-46 § 7: 69-59 § 1, 1969)

(a) The county building official may require a soil investigation and report based on the most recent plan.

(b) The preliminary soil report shall be prepared by a soil engineer based upon adequate test borings or excavations. The report shall indicate the presence of critically expansive soils, or other soils problems, which if not corrected would lead to defects in structures, buildings or other improvements; and when it so indicates, it shall further report on an investigation of each lot of the development including recommended corrective action which is likely to prevent such defects or damage to each building, structure or improvement to be constructed.

(c) The preliminary soil report shall also contain:

(1) Reports on the suitability of the earth material for construction of stable embankments and excavation slopes, including those necessary for any artificial or natural drainage channels;

(2) Recommendations for construction procedures to obtain required stability;

(3) Maximum design velocities for any natural or artificial drainage channel; and

(4) Any other recommendations concerning slides, unstable soil conditions, springs and seepage conditions, erosion control planting, or drainage facilities to enable proper development of the site.

(d) The preliminary soil report shall be prepared on eight and one-half-inch (two hundred ten millimeters) by eleven-inch (two hundred ninety-seven millimeters) paper of durable quality and any maps or documents which accompany the report shall be of a convenient size and scale to fold to eight and one-half-inch (two hundred ten millimeters) by eleven inches (two hundred ninety-seven millimeters).

(Ords. 99-46 § 7: 69-59 § 1, 1969)

All reports shall be subject to review by the county building official. Supplemental reports and data may be required as he may deem necessary. Recommendations included in the reports and approved by the building official shall be incorporated in the development plan or specifications.

(Ords. 99-46 § 7: 69-59 § 1, 1969)

Chapter 716-6 CONTROL OF WORK

The county building official and other authorized county representatives may, with the consent of the owner or permittee or as allowed by the terms of the permit, enter the site at all times to inspect its condition and the methods of operation and to check or test any feature or operation involved in fulfilling the conditions of the permit.

(Ords. 99-46 § 11: 69-59 § 1, 1969)

All work involving a fill intended to support structures, or grading where the county building official determines special conditions or unusual construction hazards exist, shall be performed under the inspection of a civil engineer and/or soil engineer and shall be designated "supervised development work." Work other than supervised development shall be designated "regular development work."

(Ords. 99-46 § 11: 69-59 § 1, 1969)

(a) The county building official, upon notification from the permittee or his agent, shall inspect the work at the following stages of the work and shall either approve the portion then completed or shall notify the permittee or his agent wherein it fails to comply with the requirements of this division:

(1) Initial. When the site has been cleared of vegetation and unapproved fill and has been scarified, benched or otherwise prepared and before any fill is placed;

(2) Rough. When rough grading has been completed and approximate final elevations have been established; drainage terraces, swales and other drainage devices graded ready for paving; and berms installed at the top of slopes;

(3) Final. When work has been completed, all drainage devices, systems and facilities installed and slope planting established.

(b) In addition to the called inspections specified above, the county building official may:

(1) Make such other inspections as he deems necessary to determine that the work is being performed in compliance with the requirements of this division; and

(2) Require investigations and reports by a soil engineer and/or engineering geologist.

(Ords. 99-46 § 11: 69-59 § 1, 1969)

(a) It shall be the responsibility of the soil engineer and/or civil engineer to inspect the operations and provide qualified full-time inspection, to assure compliance of the work with the approved development plans and with the requirements of this division. Periodic progress report shall be submitted as required by the building official and shall certify in writing to the satisfactory completion of work specified in Section 716-6.006.

(b) The soil engineer shall submit compaction data and soil engineering recommendations made during the development operation to the county building official.

(c) The civil engineer shall submit inspection reports regarding drainage facilities, lot drainage, finish grades, to the building official.

(d) The engineering geologist shall submit inspection reports regarding geological conditions to the building official.

(Ords. 99-46 § 11: 69-59 § 1, 1969)

If the soil or civil engineer finds that the work is not in conformance with this division or with the plans approved by the county building official, or with good accepted practices, he shall immediately notify the permittee and the building official in writing of the nonconformity and of the corrective measures to be taken.

(Ords. 99-46 § 11: 69-59 § 1, 1969)

If the civil engineer or the soil engineer or the geologist is relieved of or otherwise terminates his duties prior to completion of the work shown on the grading plans, he shall report the fact in writing to the county building official within forty-eight hours with a report on the status of the work.

(Ords. 99-46 § 11: 69-59 § 1, 1969)

In addition to the requirements of the permit, the permittee shall comply with all laws, ordinances and regulations of the state and county, and regulations of the State Department of Industrial Relations, Industrial Accident Commission, relating to the character of the work, equipment, and labor personnel involved in the project.

(Ords. 99-46 § 11: 69-59 § 1, 1969)

If the applicant ceases work for any reason before the work is completed, he shall take all necessary steps to leave the premises in a condition that will be safe and will not cause damage to adjoining properties or to the public roads or to any natural or artificial drainage facilities through erosion of materials, landslides, or other instability of slopes and materials.

(Ords. 99-46 § 11: 69-59 § 1, 1969)

The county building official shall issue a certificate of completion upon satisfactory completion of work under an approved permit.

(Ords. 99-46 § 11: 69-59 § 1, 1969)

Chapter 716-8 REGULATIONS

Article 716-8.2. Excavations

Cuts shall not be steeper in slope than one vertical to two horizontal unless the applicant furnishes a soil engineering or an engineering geology report, or both, certifying that the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property. The county building official may require the excavation to be made with a cut face flatter in slope than one vertical to two horizontal if he finds it necessary for stability and safety.

(Ords. 99-46 § 12: 69-59 § 1, 1969)

Cut slopes exceeding forty feet in vertical height shall have drainage terraces not less than five feet (1.524 meters) in width, measured from the outer edge of the terrace to the invert of the drain, at vertical intervals not exceeding thirty feet (9.144 meters) except that where only one such terrace is required it shall be located at mid-height. For cut slopes exceeding one hundred feet (30.48 meters) in vertical height, the drainage terrace near mid-height shall be not less than twelve feet (3.657 meters) in width. Design and construction of drainage terraces shall conform to the requirements of Sections 716-8.602—716-8.614.

(Ords. 99-46 § 12: 69-59 § 1, 1969)

Cut slopes shall be rounded off at the top and toe to blend and conform to existing terrain.

(Ords. 99-46 § 12: 69-59 § 1, 1969)

Variations from the regulations in Sections 716-8.202—716-8.206 may be allowed by the county building official if they will provide equivalent safety, stability, and protection against erosion, as recommended by a soil engineer or engineering geologist.

(Ords. 99-46 § 12: 69-59 § 1, 1969)

Article 716-8.4. Fills

Except as provided below, all fills shall be compacted throughout their full extent to a minimum of ninety percent of maximum density. Field density shall be determined by a method acceptable to the building official

(Ords. 99-46 § 13: 69-59 § 1, 1969)

Compaction may be reduced to eighty-five percent of maximum density, as determined by the above test, within the outer eight inches (203.3 millimeters) of fill slope surfaces when such compaction is provided by grid rolling or equivalent means.

(Ords. 99-46 § 13: 69-59 § 1, 1969)

Fills not intended to support structures, subdivision streets or improvements need not be compacted to these standards if the county building official determines that such compaction is unnecessary as a safety measure. In making this determination, the county building official may require that an investigation be made by an approved soil testing agency to establish the characteristics of the soil, the amount of settlement to be expected and the susceptibility of the soil to erosion or slippage.

(Ords. 99-46 § 13: 69-59 § 1, 1969)

Slope surfaces may be prepared for planting by scarifying, by addition of top soil, or by other methods, if such loose material does not exceed a depth of three inches (76.2 millimeters) and said slopes otherwise comply with the requirements of Sections 716-8.402—716-8.424.

(Ords. 99-46 § 13: 69-59 § 1, 1969)

The natural ground surface shall be prepared to receive fill by removing vegetation or other incompetent material. Where the slope of the natural grade is one vertical to five horizontal or steeper, the fill shall be supported on benches cut into competent material.

(Ords. 99-46 § 13: 69-59 § 1, 1969)

Compacted fill shall not create an exposed slope surface steeper than one vertical to two horizontal. The county building official may require a flatter slope if necessary for stability and safety. Slopes of fills which are not compacted in accordance with Sections 716-8.402—716-8.408 shall not exceed three horizontal to one vertical.

(Ords. 99-46 § 13: 69-59 § 1, 1969)

No organic or other reducible material shall be incorporated in fills. Except as recommended by the soil engineer and approved by the county building official no rock or similar irreducible material with a maximum dimension greater than eight inches (203.2 millimeters) shall be buried or placed within forty-eight inches (249.4 millimeters) of finish grade.

(Ords. 99-46 § 13: 69-59 § 1, 1969)

Fill slopes exceeding thirty feet (9.144 meters) in vertical height shall have drainage terraces not less than five feet (1.524 meters) in width, measured from the outer edge of the terrace to the invert of the drain, at vertical intervals not exceeding twenty-five feet (7.62 meters) except that where only one such terrace is required it shall be located at mid-height. For fill slopes exceeding one hundred feet (34.8 meters) in vertical height, the drainage terrace near mid-height shall be not less than twelve feet (3.6578 meters) in width. Design and construction of drainage terraces shall conform to the requirements of Sections 716-8.602—716-8.614.

(Ords. 99-46 § 13: 69-59 § 1, 1969)

Where fill is to be placed above the top of an existing or proposed cut or natural slope steeper than one vertical to three horizontal, the toe of the fill shall be set back from the top edge of the slope a minimum distance of six feet, (1.829 meters) measured horizontally or such other distance as may be specifically recommended by a soil engineer or engineering geologist and approved by the county building official. Fills shall not toe out on slopes steeper than one vertical to three horizontal.

(Ords. 99-46 § 13: 69-59 § 1, 1969)

Fill slopes shall be tapered into the existing terrain at the toe and shall be rounded off at the top.

(Ords. 99-46 § 13: 69-59 § 1, 1969)

(a) The property line of any proposed or existing site or parcel located within the grading project shall be located at the top of the slope or along any slope drainage terrace.

(b) Excavation and fill slopes shall be set back a minimum of three feet (0.914 meters) plus one-fifth the vertical height of the slope from the project boundary line with a maximum of ten feet (3.048 meters).

(c) Buildings and structures shall be set back from excavation or fill slopes a minimum of four feet (1.219 meters) plus one-fifth the vertical height of the slope, with a maximum of ten feet (3.048 meters).

(Ords. 99-46 § 13: 69-59 § 1, 1969)

Variations from the regulations in Sections 716-8.402—716-8.422 may be allowed by the county building official if they will provide equivalent safety, stability, and protection against erosion, as recommended by a soil engineer or engineering geologist.

(Ords. 99-46 § 13: 69-59 § 1, 1969)

Article 716-8.6. Drainage

Storm drainage structures, systems and facilities shall be provided as required by the county building official and in accordance with standard specifications on file in the building inspection department. Design shall be in accordance with recognized principles of hydraulics.

(Ords. 99-46 § 14: 69-59 § 1, 1969)

* For drainage permits, see Ch. 1010-8.

All drainage facilities shall be designed to carry surface waters to the nearest practical street, storm drain, or natural watercourse, approved by the county building official as a safe place to discharge such waters. If the drainage device discharges onto natural ground, rip-rap or a similar energy dissipator may be required.

(Ords. 99-46 § 14: 69-59 § 1, 1969)

Graded building sites (building pads) shall have a minimum slope of two percent towards a public street or drainage facility approved to receive storm waters. A lesser slope may be approved by the county building official for sites graded in relatively flat terrain, or where special drainage provisions are made, when he finds such modification will not result in unfavorable drainage conditions.

(Ords. 99-46 § 14: 69-59 § 1, 1969)

(a) All swales or ditches on drainage terraces shall have a uniform longitudinal grade of not less than one percent nor more than three percent and a minimum depth of one foot (0.305 meters) at the deepest part. Such terraces shall drain into a paved gutter, pipe or approved watercourse adequate to convey the water to a safe disposal area.

(b) The drainage terrace shall be provided with a lined ditch, if required by the soil engineer for stability or prevention of erosion: The lined ditch shall be constructed with a five percent minimum slope to provide self cleaning.

(Ords. 99-46 § 14: 69-59 § 1, 1969)

Berms, swales or other devices shall be provided at the top of cut or fill slopes to prevent surface waters from flowing over or onto, and damaging the face of the slope. Special drainage provisions shall be made where a building or structure exists within five feet (1.524 meters) of the top of a slope.

(Ords. 99-46 § 14: 69-59 § 1, 1969)

The permittee and/or owner shall maintain drainage facilities, in conformance with the requirements of this division, during and after construction.

(Ords. 99-46 § 14: 69-59 § 1, 1969)

Variations from the regulations in Sections 716-8.602—716-8.612 may be allowed by the county building official if they will provide equivalent safety, stability, and protection against erosion, as recommended by a one vertical to three horizontal soil engineer or engineering geologist and recommended by the county flood control district.

(Ords. 99-46 § 14: 69-59 § 1, 1969)

Article 716-8.8. Erosion Control Planting

The surface of all erodible cut slopes more than five feet in height and fill slopes more than three feet in height shall be protected against erosion by planting with grass or ground cover plants. The plants and planting methods shall be suitable for the soil and climatic conditions of the site and in accordance with standard specifications on file in the county building inspection department.

(Ord. 69-59 § 1, 1969)

The planting shall be installed after rough grading. Final approval of the work shall be made when growth is established on the slopes.

(Ord. 69-59 § 1, 1969)

Variations from the regulations in Sections 716-8.802—716-8.806 may be allowed by the building official if they will provide equivalent safety, stability, and protection against erosion, as recommended by a soil engineer or engineering geologist.

(Ord. 69-59 § 1, 1969)

Article 716-8.10. Miscellaneous Provisions

Excavation, grading or construction of fills may be prohibited by the county building official during the months in which he finds that rainfall will likely preclude compliance with these requirements.

(Ords. 99-46 § 15: 69-59 § 1, 1969)

If operations under the permit are within five hundred feet (152.4 meters) of residential or commercial occupancies, except as otherwise provided by conditions of approval for the project, grading operations shall be limited to weekdays and to the hours, between seven-thirty a.m. and five-thirty p.m., except that maintenance and service work on equipment may be performed at any time.

(Ords. 99-46 § 15: 69-59 § 1, 1969)

Encroachment of operations on public rights-of-way without an encroachment permit from the governing body is prohibited except for hauling of legal loads by vehicles permitted by law to operate on public roads.

(Ords. 99-46 § 15: 69-59 § 1, 1969)

Operations shall be controlled to prevent nuisances to public and private ownerships because of dust, drainage, removal of natural support of land and structures, encroachment, noise, and/or vibration.

(Ords. 99-46 § 15: 69-59 § 1, 1969)

Blasting or other use of explosives shall be conducted in accordance with regulations by the board of supervisors, the state fire marshal, and local fire authorities.

(Ords. 99-46 § 15: 69-59 § 1, 1969)

(a) Compliance With Plans and This Division. The permittee, his agent, contractor or employee, shall carry out the proposed work only in accordance with the approved plans and specifications and in compliance with all the requirements of this division.

(b) Inspections. In performing regular development work it shall be the responsibility of the permittee to notify the county building official at least one working day in advance so that the inspections required by Sections 716-6.002—716-6.012 can be made.

(c) Protection of Utilities. During grading operations the permittee shall be responsible for the prevention of damage to any public utilities or services.

(d) Temporary Erosion Control. The permittee shall effect and maintain precautionary measures necessary to protect adjacent watercourses and public or private property from damage by erosion, flooding, and deposition of mud or debris originating from the side.

(Ords. 99-46 § 15: 69-59 § 1, 1969)

The county building official may require the following reports, and shall not finally approve any development or work until all required maps and reports have been submitted and approved:

(a) A final report by the civil engineer certifying that all grading, lot drainage and drainage facilities have been completed and the slope planning installed in conformance with the approved plans and the requirements of this code with a final contour map if the work is not in substantial conformity with the approved plans;

(b) A report by the soil engineer including the recommended soil bearing capacity, a statement as to the expansive qualities of the soil, and summaries of field and laboratory tests. The location of such tests and the limits of the compacted fill shall be shown on a final plan which shall also show by plan and cross-section the location of any subdrains, rock disposal areas and/or buttress fills involved in the work;

(c) An engineering geologist's report based on the final contour map including specific approval of the grading as affected by geological factors. The report shall include a revised geologic map and cross-sections, with recommendations regarding the location of buildings or sewage disposal systems.

(Ords. 99-46 § 15: 69-59 § 1, 1969)

The county building official may require the submission of a preliminary soil investigation report and/or engineering geological report before issuing a building permit for a structure to be placed on any fill or embankment constructed before August 11, 1969, or excepted from the requirement for a grading permit, or on any other lot or parcel on which critically expansive soils, slide conditions, or other soils or geologic hazards exist or may reasonably be anticipated to exist. If the county building official determines that the action recommended in this report is likely to prevent structural damage to the proposed structure, he shall approve the report and the recommended action contained in the report shall become a part of the required construction as a condition of the permit.

(Ords. 99-46 § 15: 69-59 § 1, 1969)

(a) The county building official may conduct a field investigation and site evaluation of a lot or parcel prior to application for a grading and/or building permit if the owner submits a written request and the fee required by Section 716-4.1014.

(b) The investigation shall determine what information, engineering data or plans will be required to be submitted with the application for grading and/or building permits and under what conditions the permits would be issued.

(c) No fees or written request will be necessary after an application for a building and/or grading permit has been accepted or if the county building official initiates the field investigation.

(Ords. 99-46 § 15: 69-59 § 1, 1969)