Laguna Niguel Municipal Code Art. 8 Grading and Excavation Code

Footnotes:

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Cross reference— Earthwork for installation of sewers, § 8-4-243 et seq.; grading and excavation, § 9-1-139; hillside protection, § 9-1-139.1; sand, gravel and mineral extraction, § 9-2-1 et seq.

This article shall be known and may be cited as the Grading and Excavation Code. The term "code," as used in this article, unless the context clearly indicates otherwise, shall mean the grading and excavation code.

(Ord. No. 90-11, § 7, 3-6-90)

(a) The director shall formulate and modify as necessary such rules, procedures and interpretations as may be necessary or convenient to administer this article. Such rules, procedures and interpretations shall be referred to as the city grading manual or the grading manual.

(b) The grading manual shall include provisions to assure that the water quality requirements relevant to activities subject to this article apply to all activities.

(c) In the event of any conflict between the grading manual and this article, the provisions of this article shall govern. The provisions of the grading manual shall, to the extent that they are made conditions of any permit by the Building Official, be binding on the permittee.

(Ord. No. 90-11, § 7, 3-6-90; Ord. No. 2003-128, § 2, 2-18-03)

It is the intent of this article to safeguard life, limb, property and the public welfare by regulating grading on private property in the city.

(Ord. No. 90-11, § 7, 3-6-90)

This article sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments, site drainage and relevant water quality requirements, and establishes administrative requirements for issuance of permits and approvals of plans and inspection of grading construction in accordance with the requirements for grading and excavation as contained in the California Building Code then in effect as adopted and modified by city ordinance.

(Ord. No. 90-11, § 7, 3-6-90; Ord. No. 2003-128, § 3, 2-18-03)

Footnotes:

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Cross reference— Definitions generally, § 1-1-18.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Approval means a written engineering or geological opinion by the responsible engineer, geologist of record or responsible principal of the engineering company concerning the progress and completion of the work, unless it specifically refers to the Building Official.

Approved plans means the current grading plans which bear the stamp of approval of the Building Official.

Approved testing agency means a facility whose testing operations are controlled and monitored by a registered civil engineer and which is equipped to perform and certify the tests required by this article or the grading manual, as determined by the Building Official. This determination may be appealed to the city council.

Borrow means earth material acquired from an offsite location for use in grading on a site.

Building official means the director of community development or his duly delegated representative.

Civil engineer means a professional engineer registered in the state to practice in the field of civil engineering.

Civil engineering means the application of the knowledge of the forces of nature, the principles of mechanics and the properties of materials for the evaluation, design and construction of civil work for the beneficial uses of mankind.

Clearing, brushing and grubbing mean the removal of vegetation, including grass, brush, trees and similar plant types, by mechanical means.

Commercial coach means a vehicle with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes, and shall include a trailer coach.

Compaction means the densification of a fill by mechanical means.

Director means the director of community development.

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

Engineering geologist means a geologist certified in the state to practice engineering geology.

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.

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

Erosion control system means a combination of desilting facilities and erosion protection, including effective planting, to protect adjacent private property, watercourses, public facilities and receiving waters from an abnormal deposition of sediment or dust.

Excavation means the mechanical removal of earth material.

Fill means a deposit of earth material placed by artificial means.

Grade means the vertical location of the ground surface.

(1) Natural grade means the ground surface unaltered by artificial means.

(2) Existing grade means the ground surface prior to grading.

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

(4) Finish grade means the final grade of the site which conforms to the approved plan.

Grading means any excavating or filling or combination thereof.

Grading contractor means a contractor licensed and regulated by the state who specializes in grading work or is otherwise licensed to do grading work.

Grading permit means an official document or certificate issued by the Building Official authorizing grading activity as specified by approved plans and specifications.

Hillside site means a site which entails cut or fill grading of three feet or more in vertical height below or above natural ground, or a combination fill-over-cut slope equal to or greater than five feet in vertical height, or where the existing grade is 20 percent or greater, and which may be adversely affected by drainage or stability conditions within or from outside the site, or which may cause an adverse effect on adjacent property.

Mobile home means a structure, transportable in one or more sections, designed and equipped to contain not more than two dwelling units to be used with or without a foundation system. The term "mobile home" does not include recreational vehicle, commercial coach or factory-built housing.

Owner means any person, agency, firm or corporation having a legal or equitable interest in a given real property.

Precise grading permit means a permit that is issued on the basis of approved plans which show the precise structure location, the finish elevations, and all onsite improvements.

Preliminary grading permit means a permit that is issued on the basis of approved plans which need not show a structure location but must show interim building pad drainage to the degree required by the Building Official.

References to professional persons. Unless indicated otherwise, or as reasonably appears from the context, references in this article to the civil engineer, the soil engineer, the geologist and the engineering geologist refer to the professional person preparing, signing or approving the project plans and specifications which compose the approved grading plan, and which professional person appears of record pursuant to sections 8-1-815 through 8-1-820, or his successor appearing pursuant to section 8-1-841, pertaining to transfer of responsibility for approval.

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

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

Soil means naturally occurring surficial deposits overlying bedrock.

Soil engineer means a civil engineer duly registered in the state whose field of expertise is soil mechanics.

Soil engineering means the application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof.

Special inspector means an inspector duly licensed by the Building Official to perform inspection of asphalt concrete placement and related construction work or other grading-related work approved by the Building Official.

Storm water permits are any permits issued by a local, state or federal regulatory agency regulating storm water flow over and from any project subject to this article, including but not limited to National Pollution Discharge Elimination System Permit and state general permits as defined in sections 6-3-403(p) and (w) of this Code.

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

Water quality requirements are the requirements relevant to activities that are subject to this article found in the Stormwater Quality Control Ordinance (article 5 of division 4, of title 6 of this Code), the Drainage Area Master Plan (DAMP), including all appendices and guidance documents included in the DAMP, any applicable water quality management plans, as well as requirements relevant to the activities that are subject to this article found in storm water permits.

(Ord. No. 90-11, § 7, 3-6-90; Ord. No. 2003-128, § 4, 2-18-03)

No person shall conduct any grading, clearing, brushing or grubbing on natural or existing grade that is preparatory to grading, without first having obtained a grading permit from the Building Official. Exceptions to this requirement are as follows or as otherwise determined by the Building Official:

(1) An excavation below finished grade for basements and footings of a building, mobile home, retaining wall or other structure authorized by a valid building permit or construction permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structure. This shall not prohibit a minimum-fee grading permit or soil or geologic report from being required for foundation design and inspection purposes when, in the opinion of the Building Official, stability or flooding considerations warrant such inspection.

(2) Cemetery graves.

(3) Refuse disposal sites controlled by other regulations.

(4) Earthwork construction regulated by the federal, state, county or city government, or by any local agency as defined by Government Code §§ 53090—53095 (Special districts); or pipeline or conduit excavation and backfill conducted by local agencies or public utilities; or earthwork construction performed by railway companies on their operating property. This exemption, however, shall apply only when the earthwork construction takes place on the property or dedicated rights-of-way or easements of such agencies.

(5) Excavation and backfill for installation of underground utilities by public utilities or companies operating under the authority of a franchise or public property encroachment permit.

(6) Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressures upon any adjacent or contiguous property.

(7) Exploratory excavations under the direction of soil engineers or engineering geologists, provided all excavations are properly backfilled. All such excavations and trenches are subject to the applicable sections of title 8 of the State Orders, division of industrial safety.

(8) An excavation which does not exceed 50 cubic yards on any one site and which is less than two feet in vertical length, with a slope face no steeper than two horizontal feet to one vertical.

(9) A fill less than one foot in depth placed on natural grade with a slope flatter than five horizontal to one vertical, which does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course.

(10) A fill less than three feet in depth and on flat ground, not intended to support structures or mobile homes, which does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course.

(11) Grading in conjunction with work performed pursuant to the provisions of title 8, division 8, article 1 (the city oil code), unless the Building Official determines it is necessary to obtain a grading permit to ensure proper construction of a building or other structure, or where it is necessary for the protection of adjacent properties not devoted to oil drilling or production.

(Ord. No. 90-11, § 7, 3-6-90; Ord. No. 2003-128, § 5, 2-18-03)

No person shall construct pavement surfacing in excess of 3,000 square feet on natural or existing grade for the purpose of a private road or commercial, industrial or multiresidential parking lot or travelway without a valid grading permit, unless waived by the Building Official or unless a separate improvement plan for such paving is approved and signed by an authorized city official. Resurfacing or maintenance of paved surfaces shall be exempt from this requirement.

(Ord. No. 90-11, § 7, 3-6-90)

No person shall alter an existing drainage course, drainage facility, water course, channel or revetment by excavating or placing fill, rock protection, structural improvements, or construction of flat work without a valid grading permit, unless waived by the Building Official or performed as interim protection under emergency flood-fighting conditions.

(Ord. No. 90-11, § 7, 3-6-90; Ord. No. 2003-128, § 6, 2-18-03)

No person shall possess, store, sell, transport or use explosives and blasting agents to do any excavation without a permit from the fire department.

(Ord. No. 90-11, § 7, 3-6-90)

Cross reference— Fire protection and explosives, § 11-3-1 et seq.

(a) Either a preliminary grading permit or a precise grading permit may be issued for grading work upon completion of an application in accordance with subarticle 5 of the grading manual and approval by the Building Official. The preliminary or precise grading permit is the option of the permittee provided that the plans satisfy the requirements of subarticle 5 of the grading manual.

(b) Building permits may be issued for a site graded under a valid precise grading permit upon completion and approval of rough grade inspection as specified in section 8-1-842(e), pertaining to site inspection by the Building Official.

(c) Building permits shall not be issued for a site graded under a preliminary grading permit until a new precise grading permit has been issued and the provisions of subsection (b) of this section have been satisfied.

(Ord. No. 90-11, § 7, 3-6-90)

(a) Generally. The provisions of section 104.2 of the California Building Code, pertaining to powers and duties of the Building Official, shall apply to grading construction work.

(b) Stop work orders. Whenever any building or grading work is being done contrary to the provisions of this article or the grading permit, the Building Official may order the work stopped by notice in writing served on any persons engaged in doing such work or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Building Official to proceed with the work.

(c) Whenever any building or grading work is being done contrary to the provisions of the water quality requirements related to activities subject to this article, in addition to the powers and duties specified in subsections (a) and (b) the Building Official may utilize any enforcement provision specified in section 6-3-407 of this Code.

(Ord. No. 90-11, § 7, 3-6-90; Ord. No. 2003-128, § 7, 2-18-03)

(a) It shall be unlawful for any person to do grading in the city, or cause such work to be done, contrary to or in violation of any of the provisions of this article.

(b) The issuance of a building permit, performance of building permit inspections or issuance of a certificate of use and occupancy may be withheld for property on which a violation of the provisions of this article exist, including work performed not in accordance with approved plans, until such violation has been corrected to the satisfaction of the Building Official.

(c) Failure to comply with storm water related provisions of a city-issued grading permit or of a grading plan prepared to secure such a permit, is also a violation of this article.

(d) Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this article is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $500.00 or by imprisonment for not more than six months, or by both such fine and imprisonment.

(Ord. No. 90-11, § 7, 3-6-90; Ord. No. 2003-128, § 8, 2-18-03)

(a) Definition. Hazardous conditions exist when the state of any natural ground, natural slope, excavation, fill or drainage device, all of which exist on private property, is a menace to life or limb or a danger to public safety, or endangers or adversely affects the safety, usability or stability of adjacent property, structures or public facilities.

(b) Authority of Building Official. The Building Official may examine or cause to be examined every condition reported as hazardous as set forth in subsection (a) of this section.

(c) Notice of hazardous condition. In any case where a hazardous condition is found by the Building Official, he shall give notice, setting forth the finding, to all owners of the property affected by the hazardous condition, the authorized representative of the owner, or a permittee under any active permit which gives the permittee control of the property issued pursuant to this article (referred to in this section as the owner), of such required corrective work. The notice may state the time and place of a hearing to be held if the owner fails to comply with any demand for corrective work or reports. The purpose of the hearing would be for the presentation of evidence concerning the hazardous conditions and demand for corrective work or submission of reports. The notice shall set forth the right of the owner to be present at the hearing, at his option, and introduce such relevant evidence on the issues as he desires. If the time and place of any hearing scheduled for the presentation of evidence is not included in the initial notice, it shall be included in a subsequent notice.

(d) Evidence.

(1) At the time and place so specified for the hearing, evidence shall be submitted as to the facts of any condition as to reasonably establish its existence, and the Building Official or his designee, as hearing officer, shall determine whether the facts presented reasonably establish the existence of a hazardous condition to the satisfaction of the hearing officer. Evidence may further be submitted as to the work or reports considered necessary to correct or determine work to correct such hazard.

(2) Where city property or facilities are endangered by the hazardous condition found by the Building Official, at the request of the owner, the hearing may be held before a member of the grading board of appeals selected by the chairman of the board. The Building Official may appeal such hearing officer's order as set forth in this section. Such hearing officer may not consider an appeal of the case as a member of the grading board of appeals.

(e) Order, finality and appeal. If the hearing officer determines the existence of a hazardous condition, he shall determine whether such hazards are subject to corrective work or the need for more analysis through the preparation of reports, and shall order such work or reports and specify a completion time.

(1) Finality of order. The determination and order may be made orally at the hearing, and shall be written and transmitted to the owner within a reasonable time. The determination and order shall become final within five days, excluding Saturdays, Sundays and holidays, from the time it is first rendered if the owner was not present at the hearing, or within five days of the mailing of the order to the last known address of the owner.

(2) Appeal. The owner may, at any time prior to the determination and order becoming final, appeal, in writing, the decision of the hearing officer to the grading board of appeals. The board shall fix a time and place and hold a hearing, consider the evidence and make a determination as set forth in section 8-1-813, pertaining to the grading board of appeals. The order of the grading board of appeals shall be immediately final.

(f) Completion of work. The owner shall, following the finality of the determination and order of the hearing officer, or, if appealed, the determination and order of the grading board of appeals, commence the corrective action ordered or preparation of reports, and such work or submission shall be completed within the specified time.

(g) Failure to complete work. If the owner neglects or fails to complete the corrective work or submit the reports ordered by the hearing officer or grading board of appeals within the specified time, the Building Official may:

(1) Cause the work to be performed or reports to be prepared; or

(2) Advise the owner of the need for corrective work and warn him that, in the absence of such corrective work, subsequent future hazards may occur which could result in an order to vacate the premises.

Nothing in this subsection shall be construed to limit the type of remedy or relief which the Building Official may have under any other provision of law.

(h) Costs. Costs incurred by the city to perform any corrective work or prepare reports under subsection (g) of this section shall be charged to the owner. The Building Official may apply to the city council to cause the costs to be paid and levied as a special assessment against the property and collected in a manner provided for special assessments.

(i) Vacation of property.

(1) If necessary, the notice and order provided for in subsection (c) or (e) of this section shall include the requirement that the property or a portion thereof or adjacent sites be vacated within a specified time, in the interest of public safety, pending the finality of any determination and order or completion of corrective work.

(2) The Building Official shall cause the property to be posted at conspicuous locations with a notice containing at least the following:

UNSAFE TO OCCUPY DO NOT ENTER Building Official, City of Laguna Niguel Date Posted _______

The posted notice may also contain the date, time and place of the hearing and the name, address and telephone number of the office of the Building Official of other office where additional information may be obtained. Such posted notices shall remain posted until any necessary corrective work is completed. Such posted notices shall not be removed without written permission of the Building Official, and no person shall enter the property except for the purpose of making the required corrections or preparing reports.

(j) Service of notices. The notices and order required by subsections (c) and (e) of this section may be served either:

(1) By mailing a copy by certified mail, return receipt requested, to the owner's address as designated on papers, applications or permits on file with the Building Official;

(2) By personally delivering a copy to the owner's address as designated on papers, applications or permits on file with the Building Official;

(3) If the owner is absent from his place of residence and from his usual or designated place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy by certified mail, return receipt requested, addressed to the owner or authorized representative at his place of residence; or

(4) If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there cannot be found, then by affixing a copy in a conspicuous place on the property, building or structure and also delivering a copy to a person there residing, if any, or to the person in charge, if any; and also sending a copy by certified mail, return receipt requested, addressed to the owner at the place where the property, building or structure is situated, or to the owner at his last known or designated address, or both.

(Ord. No. 90-11, § 7, 3-6-90)

(a) A board of appeals is hereby created. The board shall consist of five regular and five alternate members appointed by the city council and shall function in accordance with subarticle 4 of the grading manual.

(b) The board shall have the power, upon an appeal by the owner, agent in control or permittee under permit issued pursuant to this article, to reverse, modify or otherwise alter the determinations and orders of the Building Official made pursuant to the procedures authorized in section 8-1-812, pertaining to hazardous conditions, under such rules and regulations as the board may from time to time adopt. The Building Official shall not participate in the decision of the board in such cases.

(c) The board's decision on an appeal shall be furnished in writing to the appellant and to the Building Official, and all such decisions shall be final immediately.

(Ord. No. 90-11, § 7, 3-6-90)

Cross reference— Commissions, boards and committees, § 2-3-1 et seq.

(a) A technical advisory board is hereby created. The board shall consist of five regular and five alternate members and one ex officio member in accordance with subarticle 4 of the grading manual.

(b) The Building Official may refer to the technical advisory board for an advisory technical opinion on any matter to which this article is applicable. The advisory technical opinion of the board shall not deprive the grading board of appeals of its jurisdiction to consider any appeal from a subsequent determination of the Building Official in regard to the same matter. The technical advisory board may also serve as a board of review to provide for interpretation of data, opinions or conclusions, or the adequacy of technical or geological reports.

(Ord. No. 90-11, § 7, 3-6-90)

Cross reference— Commissions, boards and committees, § 2-3-1 et seq.

Except as exempted in section 8-1-805, pertaining to grading permits, no person shall conduct any grading or clearing, brushing or grubbing on natural grade or existing grade that is preparatory to grading, without first obtaining a grading permit from the Building Official. A separate permit shall be required for each site and may cover both excavations and fills.

(Ord. No. 90-11, § 7, 3-6-90)

(a) To obtain a grading permit, the applicant must first file an application in writing on a form furnished by the Building Official. The permit application shall be accompanied by information required by the Building Official and as specified in subarticle 5 of the grading manual. Each application for a grading permit for a construction site required to be covered under the state general construction storm water permit (GCASP) shall include proof of the filing of a notice of intent with the state water resources control board.

(b) Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans submitted for checking may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding 180 days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action for an application after expiration, the applicant shall resubmit plans and pay a new plan-check fee.

(Ord. No. 90-11, § 7, 3-6-90; Ord. No. 2003-128, § 9, 2-18-03)

(a) Each application for a grading permit shall be accompanied by plans and specifications and supporting data consisting of soil engineering and engineering geology reports when required by the Building Official, as specified in section 8-1-819, pertaining to soil engineering and engineering geology reports.

(b) Plans and specifications for earthwork projects of 5,000 cubic yards or more, and subdivisions and hillside commercial, industrial and multiresidential projects, shall be prepared and signed by a civil engineer, unless otherwise approved by the Building Official. This requirement may be extended to any project when, in the opinion of the Building Official, critical drainage or geologic factors may be involved and there is need for civil engineering design and control.

(Ord. No. 90-11, § 7, 3-6-90)

Grading plans and specifications shall be prepared in accordance with the grading requirements of section 8-1-839(a), pertaining to grading requirements, and subarticle 5 of the grading manual. Prior to submittal, applicable plans shall be signed by the soils engineer and engineering geologist if applicable for conformance to their recommendations.

(Ord. No. 90-11, § 7, 3-6-90; Ord. No. 2003-128, § 10, 2-18-03)

A soil engineering and engineering geology report shall be required for grading projects, unless otherwise waived by the Building Official. The reports shall include information appropriate for the site, including any information required by the Building Official. Recommendations included in the reports and approved by the Building Official shall be incorporated in the grading plans or specifications.

(Ord. No. 90-11, § 7, 3-6-90)

(a) Every grading permit issued shall be valid for a period of two years from the date of issuance.

(b) Every permit issued shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days.

(c) The time limitations and provisions of section 106.4 of the California Building Code, pertaining to permit issuance, as amended, are applicable to grading permits, except as stated in subsections (1) and (2) of this subsection.

(1) A permit issued under this section shall expire upon a change of ownership if the grading work thereon, for which the permit was issued, has not been completed, and a new permit shall be required for the completion of the work. If the time limitations of subsections (a) and (b) of this section are not applicable and if no changes have been made to the plans and specifications last submitted to the Building Official, no change shall be made for the issuance of the new permit under such circumstances. If, however, changes have been made to the plans and specifications last submitted to the Building Official, fees based on actual time and materials for necessary plan checking and processing shall be charged to the permit applicant.

(2) The Building Official may extend the 180-day expiration time limit on permits, not to exceed two successive periods of 180 days each, upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken.

(d) The Building Official may require that grading operations and project designs be modified if delays occur which incur weather-related problems not considered at the time the permit was issued, and further subject to the provisions of section 8-1-821, pertaining to denial of permit.

(e) If the permittee presents satisfactory reasons for failure to continue or begin the work within the period specified in subsection (b) of this section, the Building Official, upon receiving a written request, may grant an extension of time as specified in subsection (c)(2) of this section without additional fees provided that:

(1) No changes have been made in the original plans and specifications for such work.

(2) Suspension or abandonment has not exceeded one year.

(3) A reendorsement of the compliance of the plans with the applicable regulations, by the community development department, shall be obtained.

Such request for extensions must be submitted no later than the 60th day following the date on which the permit would otherwise expire. If the permittee fails to request an extension within the time provided, the Building Official may renew the grading permit for a fee based on the actual costs of time and materials, provided no changes have been made in the original plans and specifications for such work.

(f) If the permittee is unable to complete the work by the end of a two-year period, the Building Official may renew the grading permit on an annual basis for a fee based on the actual costs of the time and materials, provided no changes have been made on the original plans and specifications for such work.

(Ord. No. 90-11, § 7, 3-6-90; Ord. No. 91-43, § 3, 8-20-91; Ord. No. 2003-128, § 11, 2-18-03)

(a) The Building Official shall not issue a grading permit in any case where he finds that the work as proposed by the applicant is liable to constitute a hazard to property or result in the deposition of debris on any public way or interfere with any existing drainage course. If it can be shown to the satisfaction of the Building Official that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills or drainage devices or by other means, the Building Official may issue the permit with the condition that such work be performed.

(b) If, in the opinion of the Building Official, the land area for which grading is proposed is subject to geological or flood hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property, the grading permit and the building permits for habitable structures shall be denied.

(c) The Building Official may require plans and specifications to be modified in order to mitigate anticipated adverse environmental effects of proposed grading projects. He may, under circumstances where the significant adverse environmental effects of a proposed grading project cannot be mitigated, deny the issuance of a grading permit.

(d) The Building Official may require plans and specifications to be modified in order to make them consistent with the city general plan, specific plans, zoning code, water quality requirements or other rules, regulations or conditions applicable to the project. The grading permit may be denied by the Building Official if the proposed project cannot be designed in accordance with these rules, regulations or conditions.

(Ord. No. 90-11, § 7, 3-6-90; Ord. No. 2003-128, § 12, 2-18-03)

Grading and equipment operations within one-half mile of a structure for human occupancy shall not be conducted between the hours of 8:00 p.m. and 7:00 a.m., or on Sundays and federal holidays. The Building Official may, however, permit grading or equipment operations during specific hours after 8:00 p.m. or before 7:00 a.m. or on Sundays and federal holidays if he determines that such operations are not detrimental to the health, safety or welfare of the inhabitants of such a structure. Permitted hours of operation may be shortened by the Building Official's finding of a previously unforeseen effect on the health, safety or welfare of the surrounding community. However, no permit that has been issued, and no provision of this section, shall be construed to be a waiver of the applicability of the provisions set forth in article 1 of division 6 of title 6, relating to noise control.

(Ord. No. 90-11, § 7, 3-6-90)

(a) It shall be the responsibility of permittee under this article to be knowledgeable of the conditions and restrictions of the grading permit as outlined in applicable sections of this article and the grading manual, and as contained on the approved grading plans and in the approved soil and geology reports. The permittee shall also be responsible to maintain in an obvious and accessible location on the site a copy of the grading plans bearing the stamp of approval by the Building Official.

(b) All grading permits, waivers or exemptions issued hereunder shall be deemed to include the provisions that the permittee, the permittee's agents, contractors and employees, shall carry out the proposed work in accordance with the approved plans and specifications, where such approval is required, and in accordance with any applicable water quality requirements prepared and maintained pursuant to federal or state requirements or a city directive, and in compliance with all requirements of the permit and this article. Failure to carry out the work in accordance with approved plans and specifications, the applicable water quality requirements, and in compliance with all requirements of the permit and this article shall be a violation of this article.

(Ord. No. 90-11, § 7, 3-6-90; Ord. No. 2003-128, § 13, 2-18-03)

Each adjacent owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the land for purposes of construction or improvement as provided by law. Civil Code § 832 is contained in appendix G of the grading manual.

(Ord. No. 90-11, § 7, 3-6-90)

Where an excess of 5,000 cubic yards of earth per project site is moved on public roadways from or to the site of an earth grading operation, all of the following requirements shall apply:

(1) Either water or dust palliative, or both, must be applied for the alleviation or prevention of excessive dust resulting from the loading or transportation of earth from or to the project site on public roadways. The permittee shall be responsible for maintaining public rights-of-way used for handling purposes in a condition free of dust, earth or debris attributed to the grading operation.

(2) Loading and transportation of earth from or to the site must be accomplished within the limitations established in section 8-1-822, pertaining to time of grading operations.

(3) Access roads to the premises shall be only at points designated on the approved grading plan.

(4) The last 50 feet of the access road, as it approaches the intersection with the public roadway, shall have a grade not to exceed three percent. There must be 300 feet of clear, unobstructed sight distance to the intersection from both the public roadway and the access road. If the 300-foot sight distance cannot be obtained, flagmen shall be posted.

(5) A stop sign conforming to the requirements of the state Vehicle Code shall be posted at the entrance of the access road to the public roadway.

(6) An advance warning sign must be posted on the public roadway 400 feet on either side of the access intersection, carrying the words "Truck Crossing." The sign shall be diamond shaped, with each side being 30 inches in length, and shall have a yellow background, and the letters thereon shall be five inches in height. The sign shall be placed six feet from the edge of the pavement and the base of the sign shall be five feet above the pavement level. The advance warning sign shall be covered or removed when the access intersection is not in use.

(Ord. No. 90-11, § 7, 3-6-90)

Before accepting a grading permit application and plans and specifications for checking, the Building Official shall collect a plan-checking fee as approved by resolution of the city council and as provided in subarticle 6 of the grading manual.

(Ord. No. 90-11, § 7, 3-6-90)

(a) A fee for each grading permit shall be paid to the Building Official prior to issuance of a grading permit as approved by resolution of the city council and as provided in subarticle 6 of the grading manual.

(b) Failure to pay fees and obtain a permit before commencing work shall be deemed a violation of this article, except when it can be proven to the satisfaction of the Building Official that an emergency existed which made it impractical to first obtain the permit. A violation shall result in an assessment of double permit fees for work done prior to permit issuance. Payment of a double fee shall not relieve any person from fully complying with the requirements of this article, or from any other penalties prescribed in this article.

(c) Additional fees approved by resolution of the city council and contained in subarticle 6 of the grading manual shall be paid as required to the Building Official.

(Ord. No. 90-11, § 7, 3-6-90)

If the Building Official performs emergency work on private property, he shall charge the property owner all direct and indirect costs which are necessary to complete the work to his satisfaction. In addition, the Building Official may charge a mobilization cost equal to ten percent of the cost for performing the work.

(Ord. No. 90-11, § 7, 3-6-90)

(a) Bond required; waiver. A grading permit shall not be issued unless the permittee shall first post with the Building Official a bond executed by the owner and a corporate surety authorized to do business in the state as a surety in an amount specified in subarticle 7 of the grading manual. The bond is required to ensure that the work, if not completed in accordance with approved plans and specifications, will be corrected to eliminate hazardous conditions and/or correct conditions that pose a threat to environmental resources including but not limited to a threat to water quality. This requirement may be waived at the discretion of the Building Official if he determines that:

(1) No hazardous situation is likely to occur as a result of incomplete or improper grading;

(2) No adverse effect is likely to occur to subject property, adjacent property or an existing or proposed structure thereon as a result of incomplete or improper grading;

(3) No significant drainage, erosion, flooding or siltation problems will exist as a result of incomplete or improper grading;

(4) No adverse geological or environmental impacts will occur as a result of incomplete or improper grading; or

(5) No conditions of the permit warrant a financial guarantee or ensure their satisfactory completion.

(b) Blanket bond. On developments where progressive individual grading projects or several concurrent projects are being constructed by one owner, a continuing (blanket) bond or single letter of credit which will cover all such projects may be accepted and the amount determined by the Building Official.

(c) Additional bond. An additional cash bond in an amount determined by the Building Official may be required to ensure the completion of finish grading under the permit as a condition of occupancy and energizing utilities. A bond in an amount determined by the Building Official may be required for permits involving temporary earthen stockpiles to ensure their timely removal.

(d) Failure to complete work. In the event of failure to comply with all of the conditions and terms of the permit, the Building Official may order the work authorized by the permit to be completed or put in a safe condition to his satisfaction. The surety executing such bond or deposit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended in causing any and all such work to be done. In the case of a cash deposit, the deposit, or any unused portion thereof, shall be refunded to the permittee.

(e) Default in performance of conditions.

(1) Whenever the Building Official finds or determines that a default has occurred in the performance of any requirement of a condition of a permit, written notice thereof shall be given to the principal and, when applicable, to the surety on the bond. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the Building Official to be reasonably necessary for the completion.

(2) After receipt of such notice, the surety shall, within the time specified, cause or require the work to be performed, or, failing therein, shall pay over to the Building Official the estimated cost of doing the work as set forth in the notice. Upon receipt of such moneys the Building Official may cause the required work to be performed and completed. The surety shall pay the Building Official actual costs in excess of the estimated amount plus a mobilization charge as specified in section 8-1-828, pertaining to cost recovery fees.

(Ord. No. 90-11, § 7, 3-6-90; Ord. No. 2003-128, § 14, 2-18-03)

Cut slopes shall be no steeper than two horizontal to one vertical unless otherwise recommended in the soil engineering and engineering geology report and approved by the Building Official. The slope of cut surfaces shall be no steeper than is safe for the intended use.

(Ord. No. 90-11, § 7, 3-6-90; Ord. No. 2003-128, § 15, 2-18-03)

(a) Unless otherwise approved by the Building Official and recommended in the approved soil engineering report, fills shall conform to subarticle 9 of the grading manual. The provisions therein may be waived for minor fills not intended to support structures upon written request by the applicant on a form prescribed by the Building Official.

(b) The Building Official may require that the soil tests or testing be performed by an approved testing laboratory.

(c) Fill slopes shall be no steeper than two horizontal to one vertical unless otherwise recommended in the soil engineering report and approved by the Building Official. The slope of fill surfaces shall be no steeper than is safe for the intended use.

(Ord. No. 90-11, § 7, 3-6-90)

The setbacks and other restrictions specified by subarticle 10 of the grading manual are minimum and may be increased by the Building Official or by the recommendation of a civil engineer, soil engineer or engineering geologist, if necessary for safety and stability or to prevent damage to structures or adjacent properties from sediment deposition, erosion or water runoff of the slopes or to provide access for slope and drainage structure maintenance. The minimum setback may be reduced only in special circumstances where stability is proven to the satisfaction of the Building Official by the soil engineer or engineering geologist and other factors are of primary importance.

(Ord. No. 90-11, § 7, 3-6-90)

Drainage facilities and terracing shall conform to the provisions of subarticle 11 of the grading manual unless otherwise approved by the Building Official and delineated on the approved grading plan.

(Ord. No. 90-11, § 7, 3-6-90)

(a) Asphalt concrete pavement for surfacing of parking lots, private streets or other similar use shall conform to the provisions of subarticle 12 of the grading manual unless otherwise approved by the Building Official.

(b) The site soil engineer or special inspector shall inspect the construction of asphalt paved areas and verify to the Building Official that the work has been performed in compliance with the provisions of this section.

(Ord. No. 90-11, § 7, 3-6-90)

(a) The faces of cut and fill slopes and the project site shall be prepared and maintained to control against erosion in accordance with this subarticle and the applicable provisions of the drainage area master plan. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be omitted upon approval by the Building Official.

(b) Where necessary, temporary or permanent erosion control devices such as desilting basins, check dams, riprap, water quality requirements or other devices or methods, as approved by the Building Official, shall be employed to control erosion and provide safety during the rainy season from October 1 to April 30. During the dry season from May 1 to September 30, such devices shall be employed to protect the exposed portions of the site within 48 hours of a predicted storm event defined as a forecasted 50 percent chance of rain. All erosion and sediment control devices shall be onsite and ready for installation when the five-day forecast exceeds a 50 percent chance of rain.

(c) No grading work in excess of 200 cubic yards will be allowed between October 1 to April 30 on any single grading site under permit unless an erosion control system has been approved or waived by the Building Official.

(d) Paved streets, sidewalks and other improvements shall be maintained in a neat and clean condition free of loose soil, construction debris and trash. Street sweeping or other equally effective means shall be used on a regular basis to prevent storm flows from carrying sediment and debris outside the project boundaries. Watering shall not be used to clean streets except for fine material not otherwise removed by sweeping or other mechanical means.

(e) The civil engineer or other qualified individual who prepared the grading plan and designed the erosion control devices shall be responsible for inspection and modification of the devices, as necessary, during the rainy season.

(f) Desilting facilities shall be provided at drainage outlets from the graded site.

(g) Desilting basins shall be designed to provide a minimum desilting capacity equal to the current community development department standards.

(h) Desilting basins shall be constructed around the perimeter of projects whenever feasible when they provide improved maintenance access from paved roads during wet weather.

(i) Desilting basins constructed of compacted earth shall be compacted to a relative compaction of 90 percent of maximum density. A soil engineering report, prepared by the soil engineer, which includes the type of field testing performed and the location and results of testing shall be submitted to the Building Official for approval upon completion of the desilting basins.

(j) Equipment and workers for emergency work shall be made available at all times during the rainy season. Necessary materials shall be available onsite and stockpiled at convenient locations to facilitate rapid construction of temporary devices when rain is imminent.

(k) Erosion protection shall consist of effective planting of all slopes in excess of five feet high unless otherwise approved by the Building Official. Slopes exceeding 15 feet high may require an adequate sprinkler system, as determined by the Building Official. Protection for the slopes shall be installed as soon as practicable, which may be prior to rough grade approval. Effective planting shall be installed, fully germinated and effectively cover the required slopes prior to final approval unless otherwise approved by the Building Official.

(l) The erosion control provisions shall take into account drainage patterns during the current and future phases of grading throughout the rainy season.

(m) All removable protective devices shown shall be in place at the end of each working day when the five-day rain probability forecast exceeds 40 percent.

(n) Graded areas around the tract perimeter must drain away from the face of slopes at the conclusion of each working day.

(Ord. No. 90-11, § 7, 3-6-90; Ord. No. 2003-128, § 16, 2-18-03)

Erosion control plans prepared in accordance with subarticle 13 of the grading manual shall be submitted to the Building Official for approval by September 1 each year for projects under grading permit. The erosion control plan may be waived for grading projects on single residential lot projects providing that an erosion control system, meeting the approval of the Building Official, has been installed, placed, planted or constructed before October 1.

(Ord. No. 90-11, § 7, 3-6-90; Ord. No. 2003-128, § 17, 2-18-03)

(a) After each rainstorm, silt and debris shall be removed from check berms and desilting basins and the basins pumped dry.

(b) After each rainstorm, the performance of the erosion control system shall be evaluated and revised and repaired as necessary.

(c) Devices shall not be moved or modified without the approval of the Building Official.

(d) The contractor shall be responsible and shall take necessary precautions to prevent public trespass onto areas where impounded water creates a hazardous condition.

(e) The contractor and permittee or project owner shall be responsible for continual maintenance of the devices during the rainy season. In the event of failure or refusal by the contractor, permittee or project owner to properly maintain the devices, the Building Official may cause emergency maintenance work to be done to protect adjacent private and public property and environmental resources. The cost shall be charged to the owner and shall include an initial mobilization cost plus the cost of doing the work as contained in subarticle 6 of this article.

(f) If the Building Official must cause emergency maintenance work to be done he may revoke the grading permit in writing. The permit shall not be renewed until an erosion control system and/or other systems necessary to comply with water quality requirements approved by the Building Official are installed and a fee of one-half the amount required for the original permit paid by the owner. The Building Official may waive installation of an erosion control system after April 30.

(g) If any grading subject to section 8-1-805, pertaining to grading permits, has commenced on private property without a valid grading permit, the property owner may be required to prepare and implement an erosion control plan as well as other plans required under the water quality requirements which have been approved by the Building Official. In the event of failure by the property owner to install an approved erosion control system and/or other systems necessary to comply with water quality requirements, the Building Official may cause emergency work to be done to protect adjacent private and public property. The procedures of section 8-1-812, pertaining to hazardous conditions, need not apply for emergency erosion control work between October 1 to April 30 and emergency work necessary to protect environmental resources. The cost shall be charged to the owner in accordance with subsection (e) of this section.

(Ord. No. 90-11, § 7, 3-6-90; Ord. No. 2003-128, § 18, 2-18-03; Ord. No. 2003-128, § 18, 2-18-03)

All grading operations for which a permit is required shall be subject to inspection by the Building Official.

(Ord. No. 90-11, § 7, 3-6-90)

(a) It is the responsibility of the civil engineer, architect or other qualified individual who prepares the grading plan approved by the Building Official to incorporate all recommendations from the soil engineering and engineering geology reports into the grading plan. He shall also be responsible for the professional inspection and approval of the grading within his area of technical specialty. This responsibility shall include but need not be limited to inspection and approval as to the establishment of line, grade and drainage of the development area. The project civil engineer or general contractor shall act as the coordinating agent if the need arises for liaison between the project professional grading contractor and the Building Official, and the civil engineer or other qualified person who prepares and signs the grading plan shall also be responsible for the preparation of revised plans and erosion control plans and water quality requirements, and the submission of as-graded grading plans when required by the Building Official upon completion of the work.

(b) Soil engineering and engineering geology reports shall be required as specified in section 8-1-819, pertaining to soil engineering and engineering geology reports. During grading, all necessary reports, compaction data, soil engineering and engineering geology recommendations shall be submitted to the owner by the soil engineer and engineering geologist. The owner shall submit copies of the report to the civil engineer and two copies of all reports to the Building Official.

(c) The soil engineer's area of responsibility shall include but need not be limited to professional inspection and approval concerning the preparation of ground to receive fills, testing for required compaction, stability of all finish slopes, design of buttress fills, subdrain installation and incorporation of data supplied by the engineering geologist.

(d) The engineering geologist's area of responsibility shall include but need not be limited to professional inspection and written approval of the adequacy of natural ground for receiving fills, the stability of cut slopes with respect to geological matters, and the need for subdrains or other groundwater drainage devices. He shall report his finding to the soil engineer and the civil engineer for engineering analysis.

(e) The Building Official may expeditiously inspect the project at the various stages of work requiring approval and at any more frequent intervals necessary to determine that adequate control is being exercised by the professional consultants.

(f) When preliminary soil engineering reports are not required by the Building Official, he may require inspection and testing by an approved testing agency. The testing agency's responsibility shall include but need not be limited to approval of cleared areas and trenches to receive fill, and the compaction of fills.

(Ord. No. 90-11, § 7, 3-6-90; Ord. No. 2003-128, § 19, 2-18-03)

If, in the course of fulfilling their responsibility under this article, the civil engineer, the soil engineer, the engineering geologist or the testing agency finds that the work is not being done in conformance with the provisions of the approved specifications, water quality requirements and grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the Building Official. Recommendations for corrective measures, if necessary, shall be submitted to the owner. The owner shall submit two copies of all recommendations and reports to the Building Official.

(Ord. No. 90-11, § 7, 3-6-90; Ord. No. 2003-128, § 20, 2-18-03)

(a) Notification required. If the civil engineer, the soil engineer, the engineering geologist, the testing agency or the grading contractor of record is changed during the course of the work, the work shall be stopped unless:

(1) The owner submits a letter of notification verifying the change of the responsible professional; and

(2) The new responsible professional submits in writing that he has reviewed all prior reports and plans, specified by date and title, and work performed by the prior responsible professional and that he concurs with the findings, conclusions and recommendations, and is satisfied with the work performed. He may modify or revise recommendations, specifications or work performed if accompanied by supporting data and approved by the Building Official. He must state that he assumes all responsibility within his purview as of a specified date. All exceptions must be justified to the satisfaction of the Building Official.

(b) Exception. Where it is clearly indicated that the firm, not the individual engineer or geologist, is the contracting party, the designated engineer or geologist may be reassigned and another engineer or geologist within the firm may assume responsibility.

(Ord. No. 90-11, § 7, 3-6-90)

(a) Prior to the approval of any building or grading plans and specifications, the Building Official may inspect the site to determine that the plans and specifications are current and reflect existing conditions.

(b) The permittee or his agent shall notify the Building Official when the grading operations specified in subarticle 14 of the grading manual are ready for inspection.

(c) If the inspector finds the soil or other conditions not as stated in the approved plans and soil or geology reports or as in additional information which was required for issuance of the grading permit, he may, using reasonable judgment, refuse to allow further work until approval is obtained for a revised grading plan which will conform to the conditions.

(d) The provisions of section 104.2.4 of the California Building Code, pertaining to stop orders, shall apply to all grading work, and whenever the Building Official determines that any work does not comply with the terms of a permit or this article, or that the soil or other conditions are not as stated on the permit, he may order the work stopped by notice in writing served on any persons engaged in doing such work or causing of such work to be done, and any such persons shall forthwith stop such work until authorized by the Building Official to proceed with the work.

(e) Prior to the issuance of building permits for a graded site, the rough grading shall be completed in accordance with subarticle 14 of the grading manual and to the satisfaction of the responsible civil engineer or architect, engineering geologist and soil engineer, and the Building Official.

(f) Whenever any work on which inspections are required is covered or concealed by additional work without first having been inspected, the Building Official may require, by written notice, that such work be exposed for examination. The work of exposing and recovering shall not entail or be subject to expense by the city.

(Ord. No. 90-11, § 7, 3-6-90; Ord. No. 2003-128, § 21, 2-18-03)

The Building Official may establish special inspection requirements in accordance with Section 1701 of the California Building Code, pertaining to special inspections, as amended, for special cases involving grading or paving related operations. Special cases may apply to work where in the opinion of the Building Official it is necessary to supplement the resources or expertise available for inspection.

(Ord. No. 90-11, § 7, 3-6-90; Ord. No. 2003-128, § 22, 2-18-03)

Upon completion of the rough grading work and at the final completion of the work, the Building Official may require the written approvals, reports, drawings and supplements thereto specified in subarticle 15 of the grading manual.

(Ord. No. 90-11, § 7, 3-6-90)

The permittee under this article or his agent shall notify the Building Official when the grading operation is ready for final inspection. All work, including installation of all drainage facilities and their protective devices and all erosion control measures, must be completed in accordance with the final approved grading plan, and the required reports approved by the Building Official, before final approval of the grading permit is given by the Building Official. He may approve the grading work prior to completion of all work in special cases of extreme hardship and if no hazard exists and an adequate bond is posted to ensure completion of all remaining work.

(Ord. No. 90-11, § 7, 3-6-90)