Chapter 7.90 — GRADING REGULATIONS

• (A) Name. This chapter shall be known as the "Grading Regulations."

• (B) Purpose. The purpose of this chapter is:

• (1) To establish standards regulating the design and construction of building sites and the development of property by grading.

(2) To regulate the alteration of the ground surface to protect and preserve the public health, safety and general welfare.

• (3) To minimize differential settlement and the slipping or sliding of earth.

• (4) To protect adjacent properties from damage caused by blockage or diversion of natural runoff waters.

• (5) To require engineering analysis of expansive soil conditions, erosion control and drainage.

(6) To establish criteria for the design of footings and floor slabs for structures proposed to be erected on parcels of land whose natural topography has been altered.

(7) To establish administrative procedures for the issuance of grading permits, the approval of plans and the inspection of grading construction.

(8) To provide for the enforcement of the requirements contained in this chapter.

(C) Intent. It is the intent of this chapter and the erosion control procedures contained herein to regulate grading work to protect against potential slope and wall failure, prevent adverse impacts on the proper use and enjoyment of property, environmentally sensitive areas, and biological and wildlife resources within and surrounding the City of Menifee, and promote the health, safety, and welfare of public. The procedures established by this chapter and the conditions of approval imposed hereunder through discretionary approvals and permits are intended to accomplish these purposes. Notwithstanding the above, in the event the city encounters situations that endanger any

environmentally sensitive area or biological and wildlife resource, the City Engineer/Public Works Director is authorized to take all necessary action to protect the environment pursuant to this chapter and other applicable ordinances and laws.

(D) Scope. This chapter sets forth rules and regulations to control excavation, grading, and earthwork construction, including, but not limited to, fills and embankments, and to establish administrative requirements for the issuance of grading permits, the approval of plans and the inspection of grading construction in accordance with the requirements for grading and excavation as contained in California Building Code with deletions, modifications, or amendments to meet local conditions.

(E) Applicability. The requirements of this chapter are applicable to all excavation, fill, clearing, brushing, grubbing, grading activities, and earthwork construction located within the City of Menifee.

(F) Administration and enforcement responsibility. The City Engineer/Public Works Director shall be responsible for the administration and enforcement of this chapter. The City Engineer/Public Works Director is authorized to issue notices and orders that are necessary to ensure compliance with this chapter.

(G) Safety precautions; stop work order.

(1) If at any stage of a project the City Engineer/Public Works Director determines by inspection that further grading as authorized by a grading permit is likely to endanger any public or private property or result in the deposition of debris on any public way or interfere with any existing drainage course, the City Engineer/Public Works Director may order the work stopped by notice in writing that is personally served to any persons engaged in doing or causing such work to be done, and any such person shall immediately stop such work. If the persons conducting the

grading operations are not present at the site, the City Engineer/Public Works Director may post the stop work order to the property. It is unlawful for any person to violate a stop work order. The City Engineer/Public Works Director may authorize the work to proceed in writing if he or she finds adequate safety precautions have been taken or corrective measures have been incorporated in the work to avoid the likelihood of such danger, deposition, or interference recurring.

(2) A stop work order that is issued pursuant to this section is appealable; however, a timely appeal under § 7.90.010(K) (Appeals) shall not stay the order. Provided there is a timely appeal, all work shall remain suspended until the Building Board of Appeals has rendered its decision.

• (H) Unpermitted work; stop work order.

(1) Whenever the City Engineer/Public Works Director determines unpermitted work is occurring without all required approvals and permits, he or she may order the work stopped by notice in writing that is personally served on any persons engaged in doing or causing such work to be done, and any such persons shall immediately stop such work. If the persons conducting the unpermitted work are not present at the site, the City Engineer/Public Works Director may post the stop work order to the property. It is unlawful for any person to violate a stop work order. The City Engineer/Public Works Director shall also serve a copy of the notice on the property owner(s) by first class mail in the manner set forth in § 7.90.010(J) (Service of Notices).

(2) A stop work order that is issued pursuant to this section is appealable; however, a timely appeal under § 7.90.010(K) (Appeals) shall not stay the order. Provided there is a timely appeal, all work shall remain suspended until the Building Board of Appeals has rendered its decision.

(I) Protection of adjacent property. Permittees and owners of real property on which the grading is performed shall be responsible for the prevention of damage to adjacent property (whether private or public). No person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property without taking adequate measures to support and protect such property from settling, cracking, or other damage that might result from the proposed work. Any person performing any grading that involves imported or exported materials shall take special precautions, as approved by the City Engineer/Public Works Director in writing, to prevent such materials from being deposited on adjacent properties, any public way and/or any drainage course.

• (J) Service of notices.

(1) Unless otherwise set forth in this chapter, any notice that is issued under this chapter may be served by personal delivery or by first class mail. The date of service shall be the date it is personally delivered or placed in a U.S. Postal Service receptacle, whichever is earlier.

(2) Unless the City Engineer/Public Works Director has specific information to the contrary concerning a property owner's current address, notices to property owners shall be sent to the mailing address that is shown on the last equalized assessment roll of the Riverside County Assessor's Office. Failure of any property owner to receive a properly addressed notice by mail shall not extend any appeal period, nor shall it invalidate any actions or proceedings that are initiated in connection with this chapter.

(K) Appeals.

(1) Right of appeal. Except as hereafter stated, permit applicants or owners (if not the applicant) who object to decisions (including the imposition of conditions or the suspension/revocation of a permit) or determinations made by the City Engineer/Public Works Director pursuant to this chapter may file an appeal on a city-approved form in the City Clerk's Office at City Hall within ten days of the issuance of the City Engineer/Public Works Director's order, decision, or determination. The person appealing shall concurrently tender the required fee as established by resolution of the City Council. An untimely appeal or the absence of the required fee shall constitute a waiver of the right to appeal and the condition(s), order(s), decision(s), or determination(s) shall be deemed final.

(a) Except as otherwise provided in this chapter, permit applicants or owners (if not the applicant) do not have a right to appeal determinations of the City Engineer/Public Works Director that they are violating, or failing to comply with, this chapter.

(b) The City Clerk's office must receive an appeal and the required fee in the required period in order for the appeal to be timely.

(2) Limitations on authority. An appeal shall be based on a claim that the true intent of this chapter has been incorrectly interpreted with regard to permit conditions or other provisions of this chapter, or that this chapter's provisions do not fully apply to a project or that an equally good or better form of work or installation is proposed. The Board does not have the authority to interpret the administrative provisions of this chapter, nor shall the Board have any authority to waive requirements of this chapter. The Board does not have any authority to consider alleged violations of this chapter, except when they are the basis of a stop work order or permit suspension or revocation.

(3) Reviewing authority. Appeals shall be heard by the Planning Commission, which is established by the California Building Code as adopted by § 8.04.030(A) of the Menifee Municipal Code. The Board shall adopt rules of procedure for conducting its business. In the event the City Council fails to appoint such a Board, the Planning Commission shall function as such. Decisions of the Board are final and non-appealable to the City Council. (L) Penalties for violation.

(1) Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof in a court of law, shall be punished accordingly. Each person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter, including any physical condition created in violation of this chapter, is continued or permitted to continue and shall be punished as provided for in this chapter.

(2) Violations of this chapter constitute a public nuisance that may be abated by the City Attorney or City Prosecutor in a civil judicial action. The city's election of any remedy shall not preclude the exercise of the city's other remedies as provided by law, such as administrative action, criminal enforcement, or citation. (Ord. 2022-364, passed 11-16-2022)

For purposes of this chapter, the words and phrases in this section shall have the following meanings, except where the context clearly indicates a different meaning.

APPROVAL. A written professional engineering or geological opinion by the civil engineer of record, the engineering geologist of record, or the soil engineer of record, whichever is applicable, concerning the satisfactory progress and completion of the work, unless the code is referring to approval by the City Engineer/Public Works Director.

APPROVED PLANS. The current plans and specifications for all grading or clearing, brushing and grubbing, or other related work, which contains the City Engineer/Public Works Director's signature of approval. The term "approved plans" includes, but is

not limited to, any mass grading plan, rough grading plan, precise grading plan, WQMP, street improvement plan, erosion control plan, and/or temporary stockpile plan as such plans are set forth and described in this chapter. AS-GRADED. The surface configuration upon completion of grading.

BEDROCK. The relatively solid, undisturbed rock in place either at the ground surface or beneath superficial deposits of loose rock, soil, sand, and/or gravel.

BENCH. A relatively level step excavated into stable earth material on which fill is to be placed.

BEST MANAGEMENT PRACTICES (BMP). A practice, or combination of practices, or physical structural facility or measure that is determined to be an effective and practicable (including technological, economic, and

institutional considerations) means of preventing or reducing an anticipated impact, such as water pollution. BORROW. Earth material acquired from an off-site location for use in grading on a site.

CALIFORNIA BUILDING CODE (CBC). The Cal. Code of Regulations Title 24 as adopted by ordinance by the City Council of the City of Menifee.

CEQA. The California Environmental Quality Act.

CITY ENGINEER/PUBLIC WORKS DIRECTOR. The City Engineer/Public Works Director for the City of Menifee. All references in the California Building Code to "Building Official" shall mean the City Engineer/Public Works Director for the purposes of this chapter.

CIVIL ENGINEER. A trained and licensed professional engineer registered in the State of California who is authorized to practice in the field of civil engineering.

CIVIL ENGINEERING. The application of the knowledge of the forces of nature, principles of mechanics, and the properties of materials to the evaluation, design, and construction of civil works for the beneficial uses of mankind. For a complete definition, see Rules of the State Board of Registration for Professional Engineers and Land Surveyors Section 404.

CLEARING, BRUSHING AND GRUBBING. The removal of vegetation (grass, brush, trees, and similar plant types) by mechanical means.

COMPACTION. The densification of a fill by mechanical means.

CONSTRUCTION GENERAL PERMIT (CGP). The general permit for discharges of storm water associated with construction and land disturbance activities, State Water Resources Control Board (SWRCB) Order 2009-0009-DWQ or any amendment, update, or more recent construction general permit.

CUT OR CUTTING. The removal of earth material by artificial means.

EARTH MATERIAL. Any rock, natural soil, fill, and/or any combination thereof.

ENGINEERED FILL. Soil or crushed stone that is compacted and used as replacement ground material during construction activities when the quality and type of exiting material is not suitable for conditions of the proposed project.

ENGINEERING GEOLOGIST. A geologist certified in the State of California to practice engineering geology, who is listed on the grading permit as the engineering geologist of record and who is responsible for preparing, signing, stamping, or approving all or a portion of the approved plans and the reports required by this chapter.

ENGINEERING GEOLOGY. 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. For a complete definition, see Rules of the State Board of Registration for Professional Engineers and Land Surveyors Section 404.

ENVIRONMENTALLY SENSITIVE AREA (ESA). Any land in a natural condition subject to an open space easement; any natural lake, stream, creek, or riparian area; any wildlife habitat area identified in an environmental impact report, initial study, or other environmental assessment; or any land determined by the city to be environmentally sensitive with respect to any particular grading activity based on an environmental assessment, initial study, CEQA guidelines, or other information in connection with the proposed grading activity.

EROSION. The wearing away of the ground surface and resulting transport of sediment or dust as a result of the movement of wind, water, ice, and/or other natural agents.

EROSION CONTROL SYSTEM. A combination of desilting facilities and erosion protection, including effective planting and the maintenance thereof, to protect adjacent property, watercourses, public facilities, and receiving waters from deposits of sediment, silt, or dust.

EXCAVATION. The mechanical removal of earth material.

FAULT. A fracture in the earth's crust along which movement has occurred. A fault is considered active if movement has occurred within the last 11,000 years.

FILL OR FILLING. The deposit of earth material placed by artificial means.

GRADE. The vertical elevation or slope of the ground surface. The following types of grade have the following specific meanings:

EXISTING GRADE. The ground surface prior to grading.

FINISH GRADE. The final grade of the site, which conforms to the approved plans.

NATURAL GRADE. The ground surface unaltered by artificial means.

ROUGH GRADE. The stage at which the grade approximately conforms to the approved plans.

GRADING. Any excavation or filling or combination thereof.

GRADING CONTRACTOR. A contractor licensed and regulated by the State of California who specializes in

grading or is otherwise licensed to do grading, and who is listed on the grading permit as the grading contractor of record.

GRADING PERMIT. The official document or certificate issued by the City Engineer/Public Works Director authorizing grading or clearing, brushing and grubbing, or other related work as specified on the approved plans. The term "Grading Permit" includes any mass grading permit, precise grading permit, or rough grading permit issued for the work described in the approved plans.

GRADING PERMIT, MASS. A grading permit issued to complete mass grading work.

GRADING PERMIT, PRECISE. A grading permit issued on the basis of approved plans that show the precise location of structures, finish elevations, and all on-site improvements.

GRADING PERMIT, ROUGH. A grading permit issued on the basis of approved plans that need not show the location of structures but must show interim building pad drainage to the degree required by the City Engineer/Public Works Director.

GRADING PLANS. A grading plan is a document that illustrates existing and proposed site topography, and the limits of grading and disturbance.

KEY. A designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.

KEYWAY. An excavated trench into competent earth material beneath the toe of a proposed fill slope. MASS GRADING. Grading that is completed on a large scale over a large area prior to rough grading and which, when completed, is within two vertical feet of the final grade elevations of the site.

PERMITTEE. Any property owner to whom a grading permit has been issued.

PROPERTY OWNER. Any person, partnership, corporation or other legal entity having a legal or equitable interest in a given real property.

QSD. Qualified Stormwater Pollution Prevention Plan Developer, as defined by the most recent California stormwater construction general permit.

QSP. Qualified Stormwater Pollution Prevention Plan Practitioner, as defined by the most recent California stormwater construction general permit. REGIONAL WATER QUALITY CONTROL BOARD (RWQCB). The Santa Ana/Region 8 California Regional Water Quality Control Board.

RETAINING WALL. A wall designed to resist the lateral displacement of soil or other materials.

SITE. Any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.

SLOPE. Any inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance or as a percentage ratio of the vertical distance divided by the horizontal distance times 100.

SLOPE STABILITY - GROSS STABILITY. The factor of safety against failure of the slope material below the surface, approximately three to four feet deep measured from and perpendicular to the slope face.

SLOPE STABILITY - SURFICIAL STABILITY. The factor of safety against failure of the outer three to four feet of slope material measured from and perpendicular to the slope face.

SOIL. Naturally occurring surficial deposits overlaying bedrock.

SOILS ENGINEER. A civil engineer registered in the State of California experienced and knowledgeable in the area of soil engineering, who is listed on the grading permit as the soil engineer of record and who is responsible for preparing, signing, stamping or approving all or a portion of the approved plans and the reports required by this chapter.

SOILS ENGINEERING. The investigation and engineering evaluation of earth materials including soil, rock, groundwater, and man-made materials and their interaction with earth retention systems, structural foundations, and other civil engineering works. The practice involves application of the principles of soil mechanics and the earth sciences and requires a knowledge of engineering laws, formulas, construction techniques, and performance evaluation of civil engineering works influenced by earth materials. For a complete definition, see Rules of the State Board of Registration for Professional Engineers and Land Surveyors Section 404.

SWPPP. Stormwater Pollution Prevention Plan, as defined by the most recent California stormwater construction general permit.

TERRACE. A relatively level step constructed into the face of a graded sloped surface for drainage and maintenance purposes.

TESTING AGENCY. 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 chapter and is approved by the City Engineer/Public Works Director.

WATER QUALITY MANAGEMENT PLAN (WQMP). A Project WQMP describes the Best Management Practices (BMPs) that will be implemented and maintained throughout the life of a project to prevent and minimize water pollution that can be caused by stormwater or urban runoff.

WORK. Any grading, clearing, brushing, or grubbing or any other activity permitted under any approved plan. (Ord. 2022-364, passed 11-16-2022)

(A) Grading permit required.

(1) Generally. No person shall conduct any grading or clearing, brushing, and grubbing on natural or existing grade that is preparatory to grading or land development without first obtaining a grading permit. No person shall maintain land upon which grading without a permit has occurred. A separate grading permit shall be obtained for each site. One permit may cover both an excavation and any fill made with the excavated materials on the same site. A grading permit does not include the construction of retaining walls or other structures. These additional structures shall require separate permits. No person shall conduct any grading or clearing, brushing, and grubbing in the following areas without first obtaining a grading permit:

(a) Previously undisturbed land.

• (b) Land covered by native vegetation.

(c) Land which has not been used for agricultural purposes for three years immediately prior to the initiation of grading for agricultural purposes. This section shall not prohibit routine landscape maintenance, the removal of dead or diseased trees or shrubs or the removal of vegetation to eliminate a potential fire hazard upon order of the Fire Marshal.

(2) Responsibility of landowners. No person shall stockpile, deposit, or allow the placement or removal of earth material on or from any real property in excess of 50 cubic yards without first obtaining a grading permit.

(a) Borrow site permit. A grading permit which authorizes removal of soil from a site for use elsewhere is subject to conditions which may include, but are not limited to, the following items: a plan prepared by a registered civil engineer, an erosion control plan prepared by a registered civil engineer, and a maintenance requirement plan that outlines project features such as fencing and restoration activities. Other conditions may be established, even after the borrow site permit has been issued, in the interest of public health, safety, or welfare, as determined by the City Engineer/Public Works Director.

gistered civil engineer, an erosion control plan prepared by a registered civil engineer, and a maintenance requirement plan that outlines project features such as fencing and restoration activities. Other conditions may be established, even after the borrow site permit has been issued, in the interest of public health, safety, or welfare, as determined by the City Engineer/Public Works Director.

(b) Stockpile permit. A grading permit authorizing temporary storage of soil that is to be used for the future development of the stockpile site where there is no current project for storage of soil, for current or future sale, or for some other purpose as stated by the property owner. Each stockpile permit shall be valid for a maximum of 12 months after issuance. If after 12 months, there has not been sufficient movement toward the development of the site, the City Engineer/Public Works Director may require the removal of the stockpile, unless an extension has been granted by the City Engineer/Public Works Director to allow the stockpile to remain for an extended period. If after 12 months, there has been sufficient movement toward development of the site and more time is requested by the property owner, the City Engineer/Public Works Director may grant an extension to allow the stockpile to remain for an extended period. Requests for stockpile permits and time extensions shall be reviewed on a project basis. Initial permit requests may be considered to be the establishment of a business and may require review by other City Departments. A stockpile permit is subject to all of the same requirements as a borrow site permit.

(c) BMPs required. In cases where a grading permit is not required, sediment and erosion control BMPs are still required to ensure the disturbed area will not discharge any sediment, soil, or other material off-site.

(3) Pavement surfacing. No person shall construct pavement surfacing in excess of 5,000 square feet, on natural or existing grade, for the purpose of a private road or driveway or a commercial, industrial, or multi-residential parking lot or travel-way without first obtaining a grading permit, unless the need for a grading permit is waived by the City Engineer/Public Works Director or a separate improvement plan for the pavement surfacing has been approved and signed by the City Engineer/Public Works Director. Resurfacing or maintenance of paved surfaces is exempt from this requirement.

(B) Exemptions. The following types of work are exempt from the grading permit requirements in this section, except that the City Engineer/Public Works may require a grading permit where deemed necessary to prevent the potential for adverse impacts upon drainage, sensitive environmental features, or to protect property, health, safety, and welfare. Any project that is exempt from grading permit requirements may still be required by the City Engineer/Public Works Director to submit a grading plan subject to the requirements of § 7.90.050(A), Grading Plan Requirements, for review and approval by the City Engineer/Public Works Director as a part of the building permit application.

features, or to protect property, health, safety, and welfare. Any project that is exempt from grading permit requirements may still be required by the City Engineer/Public Works Director to submit a grading plan subject to the requirements of § 7.90.050(A), Grading Plan Requirements, for review and approval by the City Engineer/Public Works Director as a part of the building permit application.

(1) An excavation below finish grade for basements and footings of a building, mobile home, retaining wall, swimming pool, or other structure authorized by a valid building permit or construction permit. This exemption shall not include any fill made with the material from such excavation, any excavation having an unsupported height greater than five feet after the completion of such structure, or any unsupported excavation with vertical banks more than two feet high. This exemption shall not prohibit collection of applicable fee for issuing a grading permit or soil or geologic report from being required for foundation design and inspection purposes when, in the opinion of the City Engineer/Public Works Director, stability considerations warrant such inspection.

(2) An excavation not exceeding 50 cubic yards on a single site that is less than two feet in vertical depth or that does not create a cut slope greater than five feet in vertical height and steeper than a two to one (2:1) horizontal to vertical ratio.

(3) A fill not exceeding 50 cubic yards on a single site that is less than one foot in depth, that does not obstruct a drainage course and that is placed on natural grade with a slope flatter than a five to one (5:1) horizontal to vertical ratio.

(4) A fill less than three feet in depth, not intended to support structures or mobile homes, that does not exceed 50 cubic yards on a single site and does not obstruct a drainage course.

• (5) Cemetery graves.

• (6) Refuse disposal sites controlled by other regulatory agencies and regulations.

(7) Earthwork construction regulated by federal, state, county or city governments or by a local agency as defined by Cal. Gov't Code §§ 53090 through 53095 (special districts). Pipeline or conduit excavation and backfill conducted by local agencies or public utilities. Earthwork construction performed by railway companies. This exemption applies only if the earthwork takes place on property under the control of, or dedicated rights-of-way or easements owned by, the aforementioned public agencies.

(8) Mining, quarrying, excavating, processing, or stockpiling of rock, sand, gravel, aggregate, or clay authorized and conducted in accordance with applicable state and local laws, provided such operations do not affect the lateral support or increase the stresses in or pressures upon any adjacent or contiguous property or alter the orientation of natural water courses which may result in adverse changes on adjoining property.

(9) Exploratory excavations under the direction of a soil engineer, engineering geologist, archaeologist or paleontologist, provided all excavations are properly backfilled and compacted or otherwise restored.

(10) Clearing, brushing, fuel modification activities, and minor grading for agricultural purposes, provided such operations do not affect the lateral support or increase stresses in or pressures on any contiguous property, nor alter the orientation of natural water courses which may result in adverse changes on nearby or adjoining property or result in the dumping of organic or hazardous waste not regulated by law. This exemption includes, but is not limited to, contour grading to provide for orchard planting, minor leveling not exceeding three vertical feet of either excavation or fill for row crops, installation of irrigation systems, and temporary stockpiling of fertilizer or other agricultural materials.

(C) Additional regulations. Unless otherwise exempt, all excavations and trenches are subject to the applicable sections of the State of California, Division of Safety or Cal-OSHA. (Ord. 2022-364, passed 11-16-2022)

(A) Contents. The application for a grading permit shall be made in a form and manner prescribed by the City Engineer/Public Works Director. A grading permit application shall consist of the following items completed and signed by the applicant or an authorized representative, unless otherwise specified by the City Engineer/Public Works Director:

• (1) Completed city application form.

(2) Number of copies of all required plans, reports, and supporting materials as specified within the city application form.

(B) Environmental review. Any application for a grading permit shall demonstrate by providing sufficient information that either (1) the proposed grading will not cause a significant effect to the environment; or (2) the environmental mitigation measures imposed through a prior and applicable CEQA review have been or will be completed as conditions to the grading permit, if applicable.

(Ord. 2022-364, passed 11-16-2022)

(A) General requirements. Unless waived by the City Engineer/Public Works Director, all grading plans, including modifications to approved plans, accompanying an application for a grading permit shall conform with the following minimum requirements:

(1) Grading plans shall be approved and signed by the civil engineer, and, if determined necessary by the City Engineer/Public Works Director, approved and signed by the soil engineer and the engineering geologist, and other professional engineers as determined by the City Engineer/Public Works Director.

(2) Grading plans shall include a statement by the Engineer of Record (civil engineer) declaring the engineer's responsibilities with regards to the preparation and execution of the grading plans.

(3) Grading plans shall be prepared on 24-inch by 36-inch paper with a standard City of Menifee title block.

(4) Grading plans shall be accompanied by supporting data and reports as required by the City Engineer/Public Works Director.

(5) Grading plans shall be accompanied by a final WQMP, if applicable, reviewed and approved by the City Engineer/Public Works Director.

(6) Grading plans shall depict, but not be limited to, the original and designed finish contours, spot elevations, building pads, public improvements, slope ratios, proposed drainage facilities, protective fencing, retaining walls, and any structures or buildings on adjacent properties within 100 feet of the common property lines.

(7) Grading plans shall be drawn to engineering scales as approved by the City Engineer/Public Works Director.

(8) The title sheet of the grading plans set shall contain the names, addresses, and phone numbers of the property owner, the civil engineer responsible for preparation of the grading plans, the soil engineer and the engineering geologist, and other professional engineers determined by the City Engineer/Public Works Director, including registration numbers. The title sheet shall also contain a location map for the project site.

(9) Grading plans shall include grading notes determined by the City Engineer/Public Works Director.

(10) A statement of quantities shall be furnished, giving the estimated cubic yards of excavation and fill, as well as types of ditches and down drains, lineal feet and sizes of various types of pipe, the amount of rock to be used for rip-rap or slope protection, the lineal feet of fencing, and any other pertinent information useful in determining the extent of the proposed work, as may be required by the City Engineer/Public Works Director.

(11) Grading plans shall show, if applicable, scaled sections of all stabilization fills, buttress fills, keyways, and benching for fill placement recommended by the soil engineer. In addition, the soil engineer shall review and approve this portion of the plan.

(12) Grading plans shall show a current and valid Waste Discharge Identification Number (WDID#), if applicable, and total disturbed acreage.

(B) Mass grading plan and rough grading plan. In addition to the information required by § 7.90.050(A) (General Requirements), an application for a mass grading permit or rough grading permit shall include, but is not limited to, the following information:

• (1) Vicinity map of the site.

(2) Property limits clearly labeled or otherwise identified, accurate contours of existing ground and details of terrain and area of drainage a minimum of 100 feet beyond the property limits (spot elevations may be used on flatland sites).

• (3) Prominent existing or natural terrain features.

• (4) Location of all easements within the grading limits.

• (5) Limiting dimensions, elevations of finish contours to be achieved by the grading, proposed drainage devices and related construction.

(6) Details (plan and section) of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with or as part of the proposed work.

(7) Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent property owners which may be affected by the proposed grading work.

(8) If the grading project includes the movement of earth material for grading to or from the site, the permittee shall submit a haul route for review and approval by the Engineering Department. The haul route may be submitted at the pre-construction for the grading permit meeting; however, hauling on public streets shall not commence until approval of the haul route by the Engineering Department. The Engineering Department may prescribe, as a condition of the grading permit and submitted haul route, alternate routes or special requirements in consideration of the possible impact on the adjacent community or the environment or the effect on the public right-of-way itself.

(9) Additional plans, drawings, calculations, environmental impact information or other reports and information required by the City Engineer/Public Works Director.

(C) Precise grading plan. In addition to the information required by § 7.90.050(A), General Requirements and § 7.90.050(B), Mass Grading Plan and Rough Grading Plan, an application for a precise grading permit shall include, but is not limited to, the following information: the footprint or allowable building area of all proposed structures (including appurtenances), setback distances between structures and top or toe of slopes, setback distances between structures and property lines, detailed finish grade and finish floor elevations, flow lines for lot drainage, including spot elevations for the drainage swales, details for building footings and side yard swale relationship (including extra height of or deepened footings), and all proposed Portland cement concrete flatwork and Portland cement concrete/asphalt concrete driveways.

istances between structures and property lines, detailed finish grade and finish floor elevations, flow lines for lot drainage, including spot elevations for the drainage swales, details for building footings and side yard swale relationship (including extra height of or deepened footings), and all proposed Portland cement concrete flatwork and Portland cement concrete/asphalt concrete driveways.

(D) Grading plan check and approval. Prior to approval, all grading plans, submitted to the city, shall be reviewed for full conformance with the following: the city's General Plan, this chapter, applicable provisions of the California Building Code, any applicable conditions of approval or specific plans, other rules and regulations of the city, all applicable federal and state requirements, Title 24 of the California Code of Regulations accessibility requirements, the CGP, city technical requirements and grading plans requirements, and any other requirements applicable to the development project.

(Ord. 2022-364, passed 11-16-2022)

(A) Plan required.

(1) Unless waived by the City Engineer/Public Works Director, all work requiring a grading permit or a grading plan shall be required to have an approved erosion control plan. If the requirement for an erosion control plan has been waived, the City Engineer/Public Works Director may still require the installation of an erosion control system to control erosion and provide safety during grading.

(2) As determined by the City Engineer/Public Works Director, an erosion control plan can be a part of the grading plan or a separate plan by itself reviewed and approved by the City Engineer/Public Works Director.

(3) No activity authorized under a grading permit shall be conducted unless an erosion control plan has been approved or the City Engineer/Public Works Director has waived the requirement for an erosion control plan.

(4) The City Engineer/Public Works Director may waive or vary the required contents of an erosion control plan for grading on single residential lot projects.

(5) An erosion control plan is required for a project if the City Engineer/Public Works Director determines that erosion or sediment discharge from the project could adversely affect adjacent properties.

(6) An approved erosion control plan from the previous year shall be updated and submitted for approval, if necessary, prior to the start of the rainy season, as determined by the City Engineer/Public Works Director, to reflect any changed conditions where the grading or other land disturbance activity is continuing. Updating of the erosion control plan may also be required at any time during construction if deemed necessary by the City Engineer/Public

Works Director or his or her designee. Updating of the erosion control plan will also be required for phases of construction not covered by any previously approved erosion control plan.

(7) All erosion control plans must be approved, and erosion control devices installed and certified and inspected as being properly constructed by the civil engineer or a certified QSD or QSP. Sediment control must be continuously maintained throughout the construction process.

(B) Contents of erosion control plans. An erosion control plan shall include, but is not limited to, the following information:

(1) Details of all BMPs necessary to implement and satisfy the applicable requirements and standards set forth in

§ 7.90.270 (Erosion Control Systems) and necessary to protect the quality of receiving waters as defined in the Clean Water Act and adjoining public or private property from damage by erosion, flooding, or mud and/or debris deposits which may originate from the site or result from the grading work.

• (2) A 24-hour telephone number of the person responsible for performing emergency erosion control work.

• (3) The stamp and signature of the civil engineer who prepared the erosion control plan.

• (4) The erosion control general notes (copies available from the Engineering Department).

• (5) Identification of all desilting and erosion protection facilities necessary to protect adjacent property from sediment deposition.

(6) Identification of the streets and drainage devices that will be completed and paved prior to the start of the rainy season, as determined by the City Engineer/Public Works Director.

(7) Provision for the placement of gravel bags, slope planting or other measures to control erosion from all slopes above and adjacent to roads open to the public.

• (8) Provision for maintaining access to desilting facilities during wet weather.

• (9) A schedule for the construction and ongoing maintenance of all required erosion and sediment control facilities.

(10) Identification of discharge points where concentrated runoff occurs.

• (C) Review and approval.

(1) Erosion control plans shall be submitted for review to the City Engineer/Public Works Director concurrent with the grading permit application or with submittal of the grading plans, unless otherwise waived by the City Engineer/Public Works Director.

(2) All erosion control plans submitted for review shalt be accompanied by the following: payment of the planchecking fees, the required number of copies of the erosion control plan and required copies of the bond estimate for security.

(3) No erosion control plan shall be approved unless the erosion control plan complies and implements alt applicable standards and requirements set forth in this section and §§ 7.90.270 (Erosion Control Systems) and 7.90.280 (NPDES).

(Ord. 2022-364, passed 11-16-2022)

(A) Generally. A geotechnical report shall be prepared for every grading permit application or grading plan review unless waived by the City Engineer/Public Works Director. Each geotechnical report shalt be prepared in accordance with this section and generally accepted soil engineering practices. Each report shall include infiltration rate test results pursuant to the latest guidelines for infiltration testing, outlined in the Riverside County Flood Control and Water Conservation District Handbook for Low Impact Development Best Management Practices. Each geotechnical report shall be approved by the City Engineer/Public Works Director. The Building Official may also require a soil engineering report or additional information related to the building structure in accordance with the California Code of

Regulations Title 24 (CBC). Recommendations contained in the approved reports shall be incorporated into the grading plans and shall become conditions of the grading permit.

(B) Soil engineering report. Unless waived by the City Engineer/Public Works Director, a soil engineering report shall be prepared and submitted for any grading permit application or grading plan review associated with any residential, commercial, industrial, or similar development project. The soil engineering report shalt include information and data regarding the nature, distribution, and physical and chemical properties of existing and imported soils; conclusions as to the adequacy of the site for the proposed grading; recommendations for general and corrective grading procedures; detailed information for the location of recommended stabilization fills or buttress fills; foundation and pavement design criteria; and shalt provide other recommendations as determined necessary by the City Engineer/Public Works Director.

isting and imported soils; conclusions as to the adequacy of the site for the proposed grading; recommendations for general and corrective grading procedures; detailed information for the location of recommended stabilization fills or buttress fills; foundation and pavement design criteria; and shalt provide other recommendations as determined necessary by the City Engineer/Public Works Director.

(C) Engineering geology report. An engineering geology report shalt be prepared and submitted for any grading permit application associated with any development on a hiltside site where geologic conditions are determined by the City Engineer/Public Works Director to have a substantial effect on existing and/or future site stability. This requirement may be extended to other sites as required by the City Engineer/Public Works Director. The engineering geology report shalt include a comprehensive description of the site topography and geology including, where necessary: a geologic map; an opinion as to the adequacy of the proposed development from an engineering geologic standpoint; an opinion as to the extent known or as reasonably should be known how instability on adjacent properties may adversely affect the project; a description of the field investigation and findings; conclusions regarding the effect of geologic conditions on the proposed project; and specific recommendations for modifications to the grading plans, corrective grading, and/or special techniques and systems to facilitate a safe and stable development. The engineering geology report shalt also provide other recommendations as necessary for the project grading and development. The engineering geology report may be combined with the soil engineering report.

(D) Imported earth material.

(1) A geotechnical report must be provided for all imported earth materials to be used for grading operations, unless waived by the City Engineer/Public Works Director. The Geotechnical Engineer, Soils Engineer, or Engineering Geologist must certify the source of the material, including the previous land uses from where the fill was obtained. The City Engineer/Public Works Director may require Phase I and/or Phase II Environmental Assessments to be conducted for the imported earth material to verify that contaminants are not present in the material. The City Engineer/Public Works Director may make determinations on the requirements and scope of the Environmental Assessment.

(2) Contaminants. Imported material may not contain levels of contaminants exceeding the California Office of Environmental Health Hazard Assessment's Toxicology Criteria in California Code of Regulations, Title 22, Division 4.5, Chapter 51, Article 2, § 69021, Appendix I.

(E) Seismicity report.

(1) Applicability. Grading permit applications for sites containing earthquake-sensitive earth materials and/or sites that are located on or near potentially active or active faults are required to submit a seismicity report, including earthquake fault and liquefaction hazard studies, in accordance with the requirements of the Alquist-Priolo Earthquake Fault Zoning Act and the Seismic Hazard Mapping Act. The City Engineer/Public Works Director may require a seismicity report for any grading permit application associated with any residential, commercial, industrial, or similar development project. A seismicity report shall be required as a condition of development for all essential facilities, as defined in the California Building Code, or as determined by the City Engineer/Public Works Director, Building Official, or Community Development Director. Where required, the report shall be reviewed and approved prior to issuance of a grading permit.

(2) Content. The report shall be prepared by an engineering geologist, a geophysicist or a civil engineer with expertise in earthquake technology and its application to buildings or other civil engineering works. The scope of the report shall be commensurate with the proposed development and shall reflect the latest available and accepted technological recommendations related to seismicity. The minimum acceptable pseudo-static slope stability factor of safety shall be 1.1 and the minimum acceptable surficial stability factor of safety shall be 1.5. The seismicity report may be combined with the soil and engineering geology reports.

(3) Submit approved report. A copy of each approved geotechnical report including the mitigation measures is required to be submitted to the Seismic Hazard Mapping Program of the California Department of Conservation, California Geological Survey within 30 days of approval of the report pursuant to the Seismic Hazard Mapping Act and Alquist-Priolo Act.

(Ord. 2022-364, passed 11-16-2022)

(A) Plan-checking fee. Before accepting any grading plans, erosion control plan or geotechnical reports for review and approval, the City Engineer/Public Works Director shall collect a plan-checking fee for each type of review and approval. As applicable, separate grading permits shall be issued, and separate fees shall apply to retaining walls or major drainage structures. The amount and application of the plan-checking fee shall be established by ordinance or resolution of the City Council.

(B) Grading permit fee. Before issuing a grading permit, the City Engineer/Public Works Director shall collect a grading permit fee. The amount of the grading permit fee shall be established by ordinance or resolution of the City Council.

(C) Grading inspection fee. Before commencing grading work, the City Engineer/Public Works Director shall collect a grading inspection fee. The amount of inspection fee shall be established by ordinance or resolution of the City Council.

(Ord. 2022-364, passed 11-16-2022)

(A) Other approvals required before issuance. No grading permit for any development project requiring the approval of the Planning Commission, City Council, or city staff shall be issued until the development project has been approved, and such approval includes approval of a grading concept. All discretionary approvals required by the code for the development project with which the grading permit application is associated must be obtained prior to issuance of the grading permit. All approvals required for the development project or the grading work by other city departments or outside agencies shall be the responsibility of and obtained by the applicant prior to issuance of the grading permit. Any code enforcement or other applicable fines must be paid prior to issuance of the grading permit. (B) Environmentally sensitive areas. No grading permit for any work within close proximity, as determined by the City Engineer/Public Works Director, of an environmentally sensitive area shall be issued unless approved by the City Engineer/Public Works Director in conformance with the project-approved environmental permit.

(C) Grading security. No grading permit shall be issued unless and until the applicant posts the applicable security required under § 7.90.120 (Security).

(D) Terms of grading permit. The grading permit shall contain such terms, conditions, and restrictions as are necessary to implement the applicable provisions of this chapter and the code and state or federal law applicable to the work to ensure the work is performed in accordance with the approved plans and geotechnical reports and to protect the public health, safety, and welfare.

(E) Responsibility of permittee. It shall be the responsibility of the permittee to be knowledgeable of and comply with the conditions and/or restrictions of the grading permit as outlined in applicable provisions of this chapter and as contained on the approved plans and in the approved geotechnical report(s). It shall also be the responsibility of the permittee to be knowledgeable of the obvious and accessible location on the site and maintain an on-site copy of the approved plans bearing the stamp or signature of approval by the City Engineer/Public Works Director. (Ord. 2022-364, passed 11-16-2022)

(A) Generally. The grading permit shall be denied if the proposed work cannot be designed or performed in accordance with this chapter and any other applicable ordinances, rules, regulations, or conditions.

(B) Creation of hazard. The grading permit shall be denied if the proposed work may constitute a hazard to property, result in debris being deposited on any public street or public way, result in severely impacting the quality of downstream receiving waters of the United States, or interfere with any existing drainage course. If it can be shown to the satisfaction of the City Engineer/Public Works Director that the hazard can be sufficiently mitigated by the construction of retaining structures, buttress fills, drainage devices, water quality controls or devices, or by other means, the City Engineer/Public Works Director may issue a grading permit with the condition that such mitigation measures be performed.

(C) Geologic or flood hazard. The grading permit shall be denied if 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.

(Ord. 2022-364, passed 11-16-2022)

(A) Issuance and completion of work. Every grading permit shall be valid for a period of one year from the date of issuance. The City Engineer/Public Works Director may extend the one-year time period for up to three successive periods of 180 days each, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented completion of the grading.

(B) Suspension of construction or abandonment of work. Every grading permit shall expire by limitation and become null and void if the work authorized by the grading permit is not commenced within 180 days, from the original date of issuance. Every grading permit shall expire if the work authorized by such permit is suspended for a continuous period of 180 days, or if the site is abandoned at any time after work has commenced.

(C) Renewal. If a grading permit expires, upon written request and justification from the permittee within 30 days of the expiration, the City Engineer/Public Works Director may renew the grading permit provided that the total elapsed time has not exceeded the time limits allowed for a grading permit under § 7.90.110(A) (Issuance and Completion of Work).

(D) Changed conditions. The City Engineer/Public Works Director may order the suspension of any work authorized by a grading permit upon determination that the weather, soil, slope, or general site conditions may cause serious accelerated erosion or sediment damage either on-site or downstream from the site. Any suspension of work ordered by the City Engineer/Public Works Director shall toll the time limits applicable to the grading permit.

(E) Change of ownership. Grading permits shall automatically be suspended upon a change of ownership, until such time as the new owner obtains a new permit with the revised ownership information or until such time as the applicant provides new ownership information and a letter of consent and security for the grading operations from the

new owner. There shall be no additional fee for the grading permit issued to the new owner, provided that no changes to the approved plans are requested that generate additional staff work.

(Ord. 2022-364, passed 11-16-2022)

(A) Requirement for security. Prior to issuance of a grading permit, the security required by this section shall be posted with the city. The security shall guarantee, and the city shall have the right to draw upon such security to satisfy, the following:

(1) Compliance with all applicable provisions of this chapter and the code, state and federal law, and other applicable ordinances, rules, and regulations of the city.

• (2) Compliance with any and all terms and conditions of the grading permit and all approved plans.

• (3) Completion of the work authorized under the grading permit and the erosion control system(s) to the satisfaction of the City Engineer/Public Works Director and in accordance with the approved plans.

(4) Completion of all emergency and routine maintenance and repair of the erosion control system(s) to ensure the continuous integrity of the system(s) to the satisfaction of the City Engineer/Public Works Director and as may otherwise be required by this chapter.

(5) Restoration and repair of public streets or other public property adversely impacted or damaged or the mitigation of any hazardous condition created by any activity of the permittee or agent of the permittee or any erosion from any site associated with the grading work.

(B) Amount and form of security. The amount of the security shall be equal to 50% of the total estimated cost of the work authorized by the grading permit, plus 100% of the total estimated cost of the erosion control system(s) required by the erosion control plan. The permittee's estimate of the cost shall be based on the established unit costs available from the city and shall be subject to the review and approval by the City Engineer/Public Works Director. At least 25% of the required erosion control security, and not less than $5,000, shall be in cash and shall be deposited with the City Engineer/Public Works Director. Please see the city's website for more information. The remainder of the erosion control security shall be subject to the approval of the City Engineer/Public Works Director. The form of security can be one or more of the following:

• (1) Cash deposit.

• (2) Surety bond.

• (3) Certificate of deposit.

(4) Letter of credit, in city format, from one or more local financial institution(s) subject to regulation by the state or federal government.

• (5) Lien on property.

(C) Failure to maintain security. If a permittee fails to maintain the security required by this section, the City Engineer/Public Works Director may revoke the permittee's grading permit without prior notice to the permittee. Any such revocation shall be in writing.

(D) Replenishment of cash deposit. The City Engineer/Public Works Director shall notify the permittee of any withdrawal from the permittee's cash deposit. If the costs exceed the balance of the permittee's funds on deposit, the City Engineer/Public Works Director shall cause an invoice to be sent to the permittee demanding payment of the amount by which the costs exceed the permittee's deposit. The permittee shall, within ten days of receipt of such invoice, deposit with the City Engineer/Public Works Director that amount of cash necessary to bring the permittee's deposit up to its original balance. If the permittee fails to pay such amount in full within 30 days from the date of the invoice, the permittee's grading permit shall be automatically revoked. Renewal of the grading permit shall not be

completed until the invoice is paid in full. No final grading inspection shall be completed until the permittee has fully satisfied all monetary obligations to the city imposed pursuant to this § 7.90.120(D) (Replenishment of Cash Deposit). Additionally, no further construction permits, including but not limited to building permits or occupancy permits, shall be issued until such monetary obligations are fully satisfied.

(E) Release of security.

(1) The security posted to guarantee erosion control may be held for one year after the city's notice of completion as a warranty for the post-construction landscaping, stabilization, and erosion control measures, or where applicable, until a notice of termination is issued by the RWQCB. The City Engineer/Public Works Director may release the security for areas of the project that are substantially completed with permanent landscape and where the City Engineer/Public Works Director has determined that erosion control is not needed.

(2) Security posted to guarantee all work authorized under the grading permit, other than the erosion control system(s), shall be released upon inspection and approval of the work by the City Engineer/Public Works Director.

(3) The City Engineer/Public Works Director shall not release a permittee's security if the permittee has an outstanding monetary obligation to the city or if cleanup or repair of public streets or other public property for which the permittee is responsible has not been completed to the satisfaction of the City Engineer/Public Works Director.

(4) The City Engineer/Public Works Director may require the security posted for permittee's erosion control system(s) to remain on deposit with the city throughout the grading of the project and not be released until completion of the landscaping improvements for the associated development project if the City Engineer/Public Works Director determines that due to the nature, configuration, or location of the development project it is in the best interest of the city to retain the erosion control security until the landscaping improvements are complete. (Ord. 2022-364, passed 11-16-2022)

Grading and equipment operations shall only be conducted between the hours of 6:30 a.m. and 7:00 p.m. Monday through Saturday, excluding nationally recognized holidays, or as specified in § 8.01.010. There shall be no construction permitted on Sundays and nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer/Public Works Director. Construction equipment including diesel trucks shall not be running idle before or after this time. Grading work or equipment operations may be permitted before or after the allowable hours of operation only if the City Engineer/Public Works Director determines that such operations are not detrimental to the health, safety, or welfare of residents or the general public. Permitted hours of operations may be shortened if the City Engineer/Public Works Director determines that the grading work or equipment operations have an adverse effect on the health, safety, or welfare of the surrounding community. (Ord. 2022-364, passed 11-16-2022)

Where any earth material for a project site is transported to or from the project site as part of the grading work, all of the following requirements shall apply.

(A) Either water or dust preventative spray material (or both) shall be consistently applied for prevention of dust resulting from the loading or transportation of earth to or from the project site on public roadways. The permittee shall be responsible for maintaining public rights-of-way, used for transporting materials, in a condition free of dust, earth or debris attributed to the grading work.

(B) Loading and transporting of earth materials to or from the site must be accomplished within the times set forth in § 7.90.130 (Time of Grading Work).

(C) Access roads to the site shall be only at points designated on the approved plans.

(D) At a minimum, the first 50 feet of access road adjacent to the intersection with the public roadway shall have a grade not to exceed 5%. There must be a 300-foot clear, unobstructed sight distance to the intersection from both the public roadway and the access road. If the 5% grade or 300-foot sight distance requirements cannot be obtained due to site constraints, then flagmen shall be posted at the access road and shall remain for the entire duration of material transportation operations. Any other design option to address sight distance issues shall require the approval of the City Engineer/Public Works Director.

(E) A stop sign conforming to the requirements of the California Vehicle Code shall be posted at the exit of the access road to the public roadway.

(F) Advanced warning signs along with traffic control and safety devices shall be reviewed and approved by the City Engineer/Public Works Director and shall be posted on the public roadway in the vicinity of the access intersection as required by the current California Manual on Uniform Traffic Control Devices (MUTCD). The size, shape, color, number, spacing, and other details of all such signs and devices shall conform to the standards contained therein and in the current State of California Department of Transportation (Caltrans) "Traffic Manual." The advanced warning signs and other devices shall be covered or removed when the access intersection is not in use.

(G) Site operators must install BMPs at the vehicle access points to prevent dirt and debris track-out onto public right of way. BMPs include, but are not limited to, stabilized construction entrances, tire washes, and rumble plates/shaker racks.

(H) A soil engineering report or geotechnical report shall be provided to the City Engineer/Public Works Director for all imported earth materials to be used as part of the grading operations. The report is subject to requirements of § 7.90.070 (Geotechnical Reports). The Geotechnical Engineer, Soils Engineer, or Engineering Geologist must certify the approximate source of the imported material, including the previous land uses from where the material was obtained.

to the City Engineer/Public Works Director for all imported earth materials to be used as part of the grading operations. The report is subject to requirements of § 7.90.070 (Geotechnical Reports). The Geotechnical Engineer, Soils Engineer, or Engineering Geologist must certify the approximate source of the imported material, including the previous land uses from where the material was obtained.

(I) The City Engineer/Public Works Director may require the submittal of a Phase I and/or Phase II Environmental Assessment for any imported earth material.

(J) Imported earth material may not contain levels of contaminants exceeding the California Office of

Environmental Health Hazard Assessment's Toxicology Criteria in California Code of Regulations, Title 22, Division 4.5, Chapter 51, Article 2, § 69021, Appendix I.

(Ord. 2022-364, passed 11-16-2022)

(A) The City Engineer/Public Works Director may specify the route for moving any earth materials over public streets, whether or not the destination site or origination site of the earth materials is subject to a grading permit. The City Engineer/Public Works Director may further specify load limits where, in his or her opinion, the standard load capacity of vehicles used in such hauling would cause excessive damage to streets on the designated route. Any specified route or load limit shall be made in writing and a copy shall be provided to the Engineering Department. Deviation from the designated route or load limits shall constitute a violation of this chapter.

(B) The holder of a haul route permit shall be responsible for maintaining public rights-of-way used for hauling in a condition free of dust, earth material, or debris discharged or released during or attributable to the haul trips to/from the grading operation.

(C) Any person moving earth materials in violation of this chapter shall be financially responsible for any damage to the public streets and shall pay to the city the cost, as determined by the

City Engineer/Public Works Director, of repairing such damage or shall repair the damage to the satisfaction of the City Engineer/Public Works Director.

(D) At least 24 hours before the moving of earth materials is to commence, the applicant shall notify the City of Menifee Engineering Department.

(Ord. 2022-364, passed 11-16-2022)

(A) Cal. Vehicle Code § 23112(b) forbids the placing, dumping or depositing of earth materials on public streets or any portion of the public right-of-way. All vehicles engaged in moving earth materials shall refrain from depositing earth materials on public streets by any means including, but not limited to, spillage from the bed of a truck or other vehicle and debris collected on the wheels of a vehicle. The City Engineer/Public Works Director may require a cash deposit from any person moving earth materials over public streets to ensure the cleanup of public streets.

(B) Any person moving earth materials over public streets shall be responsible for the immediate and complete removal of any materials spilled, dumped or deposited on a public street. If the person fails to immediately remove such spillage, dumping or deposited material, and it is necessary for the city to complete the removal, the responsible party, permittee or property owner from where the material was removed from or deposited to shall be liable to the city for the cost of such removal work. A cash deposit may be required to ensure the cleanup of public streets prior to approval of the haul route.

(Ord. 2022-364, passed 11-16-2022)

Any person conducting any grading work or moving any earth material shall be responsible for controlling the dust from such activities at all times. The property owner, grading contractor, and permittee shall all be responsible for implementing any and all 8MPs for all grading and earthmoving operations in accordance with all conditions of project approval and the national pollutant discharge elimination system (NPDES) and as required by South Coast Air Quality Management District (SCAQMD).

(Ord. 2022-364, passed 11-16-2022)

(A) Cut slopes shall be no steeper than a two to one (2:1) horizontal to vertical ratio. In special circumstances where no evidence of previous instability exists, and when recommended in the soil engineering report and approved by the City Engineer/Public Works Director, slopes may be constructed to a maximum one and one-half to one (1.5:1) horizontal to vertical ratio. The City Engineer/Public Works Director may require additional slope stability report to support city approval of a steeper slope. In no case shall slopes exceed those specified in any conditions of approval for the development project for which the slope is associated.

(B) A slope stability analysis shall be included in all soil engineering reports for all slopes steeper than a two to one (2:1) horizontal to vertical slope ratio and for all slopes exceeding 20 feet in height regardless of the slope ratio. The soil engineer shall consider slope stability (both gross and surficial stability) and provide a written statement approving the slope stability. In addition, the soil engineer shall recommend alternate methods of construction or compaction requirements necessary for surficial slope stability.

(Ord. 2022-364, passed 11-16-2022)

(A) Fill slopes.

(1) Fill slopes shall not be constructed steeper than a two to one (2:1) horizontal to vertical slope ratio, or where the base (toe) of the fill slope would be within 12 feet horizontally of the top of a cut slope, unless evidence, such as a geotechnical or soils report, is submitted by the soil engineer or the engineering geologist which indicates the stability of the slope is adequate and the proposed slope is approved by the City Engineer/Public Works Director.

(2) In special circumstances where no evidence of previous instability exists, and when recommended in the soil engineering report and approved by the City Engineer/Public Works Director, slopes may be constructed steeper than a two to one (2:1) horizontal to vertical slope ratio.

(3) In no case shall slopes exceed those specified in any conditions of approval for the development project for which the slope is associated.

(4) A slope stability analysis shall be included in all soil engineering reports for all slopes steeper than a two to one (2:1) horizontal to vertical slope ratio and for all slopes exceeding 20 feet in height regardless of the slope ratio. The soil engineer shall consider slope stability (both gross and surficial stability) and provide a written statement approving the slope stability. In addition, the soil engineer shall recommend alternate methods of construction or compaction requirements necessary for surficial slope stability.

(B) Preparation of ground.

(1) No fill shall be placed on existing ground until the ground has been cleared of weeds, debris, topsoil, undocumented fill, and other deleterious material, and such materials have been removed from the site.

(2) The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials and by scarifying to provide a bond with the new fill. Where existing slopes exceed five feet in height and/or are steeper than a five to one (5:1) horizontal to vertical slope ratio, the ground shall be prepared by benching into sound bedrock or other competent or formational material, as determined by the soil engineer and approved by the City Engineer/Public Works Director. The lowermost bench beneath the toe of a fill slope shall be a minimum of ten feet in width. The ground surface below the toe of fill shall be prepared for sheet flow runoff or an appropriate drainage system shall be provided. French drains may also be required at the toe of fill slopes if determined necessary by the City Engineer/Public Works Director.

(3) Where fill is to be placed over a cut slope, the bench under the toe of the fill shall meet the approval of the soil engineer or the engineering geologist as suitable foundation for the fill. Unsuitable soil is soil that is not dense, firm or unyielding, that is highly fractured, or that has a high organic content; and in the opinion of the soil engineer or the engineering geologist, is not competent to support other soil or fill, support structures, or satisfactorily perform the other functions for which the soil is intended.

engineering geologist as suitable foundation for the fill. Unsuitable soil is soil that is not dense, firm or unyielding, that is highly fractured, or that has a high organic content; and in the opinion of the soil engineer or the engineering geologist, is not competent to support other soil or fill, support structures, or satisfactorily perform the other functions for which the soil is intended.

(C) Fill material. Fill material shall only be placed as determined by a geotechnical or soil engineer. Only soils material free from tree stumps, organic matter, trash, garbage, sod, peat, and other deleterious materials shall be permitted. Except as outlined below, no rock or similar irreducible material with a maximum dimension greater than six inches shall be buried or placed in fills. The City Engineer/Public Works Director may permit the placement of larger rock in fill when the geotechnical or soil engineer properly devises a method of placement, continuously inspects placement, and approves the fill stability and competency.

(D) Compaction. All fills shall be compacted to a minimum of 90% of the maximum density as determined by ASTM 01557, unless otherwise required by the City Engineer/Public Works Director. Sufficient maximum density determinations by test method ASTM 01557 shall be performed during the grading work to verify that the maximum density curves used are representative of the material placed throughout the fill. Field density tests shall be performed in accordance with ASTM 01556, or equivalent, as approved by the City Engineer/Public Works Director. At least 25% of the total tests shall be by ASTM 01557 to verify the accuracy of the equivalent method. All such tests shall be uniformly distributed within the fill area and/or fill slope surface area in order to obtain representative results. The

location of the field density tests shall be determined by the soil engineer or the testing agency but shall be sufficient in both horizontal and vertical placement to provide a representative testing of all fill placed. Testing in areas of a critical nature or special emphasis shall be in addition to a network of representative sampling. At least 20% of the field density tests performed during grading shall be located within three feet of the final slope location, and at least one density test shall be taken in the outer 12 inches of the finished slope face for every 5,000 square feet of slope area.

(E) Buttress/stabilization fills. Recommendations for buttress/stabilization fills by the geotechnical or soil engineer shall be included in the soil engineering report and shall set forth the soil or geologic factors necessitating the buttress/stabilization fill; stability calculations based on both static and pseudo-static conditions (analysis of pseudostatic loads are not normally needed when the bedding planes are flatter than 12 degrees from horizontal); laboratory test data upon which the calculations are based; a copy of the approved grading plans showing the location of the buttress/stabilization fill; a scaled section of the buttress/stabilization fill; and recommendations with details of subdrain requirements.

ditions (analysis of pseudostatic loads are not normally needed when the bedding planes are flatter than 12 degrees from horizontal); laboratory test data upon which the calculations are based; a copy of the approved grading plans showing the location of the buttress/stabilization fill; a scaled section of the buttress/stabilization fill; and recommendations with details of subdrain requirements.

(F) Utility line backfill.

(1) Backfill for utility line trenches in the public right-of-way, including, but not limited to, water, sewer, gas, electrical, telephone, and cable television utility line trenches shall be compacted to meet current applicable city standards for utility trenches. Backfill for on-site utility line trenches that affect the stability of foundations or other structures and are located in parking lots or areas used by the general public or are in sloping surfaces steeper than a ten to one (10:1) horizontal to vertical ratio and which utilize on-site material as backfill shall be compacted and tested in accordance with this section. Alternate materials and methods for utility line trench backfill may be used provided that the material specification and method of placement are recommended by the soil engineer and approved by the City Engineer/Public Works Director prior to backfilling.

(2) Utility line trench backfill for on-site areas other than those stated above do not need specific placement method or compaction criteria but shall be sufficiently compacted to prevent differential settlement. In no case shall this division be construed to mean utility line trench backfill within any public rights-of-way.

(3) The final utility line trench backfill report from the project soil engineer shall include a statement of compliance by the soil engineer that the tested backfill is suitable for the intended use and that all tested areas meet the compaction requirements set forth in this section.

(Ord. 2022-364, passed 11-16-2022)

(A) Hazardous condition. A hazardous condition exists when any earth material, natural slope, excavation, fill, or drainage device is situated on private property in such a manner that creates a risk of injury to persons or property, creates a danger to public safety, or endangers the safety, usability, or stability of adjacent property, structures, or public facilities. The maintenance of any hazardous condition shall constitute a public nuisance.

(B) Enforcement agent. The City Engineer/Public Works Director, or any official authorized to enforce this code, may examine, or cause to be examined, every reported or alleged hazardous condition.

(C) Notification. Upon determining the existence of a hazardous condition, the City Engineer/Public Works Director or other official authorized to enforce this code shall provide written notification to the property owner describing the hazardous condition and requiring mitigation of the hazardous condition within a reasonable time given the risks created by the hazardous condition. The property owner shall comply with the mitigation requirements set forth in the notice. In the event that the required mitigation is not completed within the period specified in the notice, the city may exercise any available legal remedy to correct the hazardous condition.

(Ord. 2022-364, passed 11-16-2022)

(A) General. The setbacks and other restrictions specified by this section are minimums and may be increased by the City Engineer/Public Works Director or Building Official or by the recommendation of the civil engineer, the soil engineer, or the engineering geologist as approved by the City Engineer/Public Works Director, if necessary, for safety and stability, to prevent damage to adjacent properties from deposition or erosion, or to provide access for slope maintenance and drainage. Retaining walls may be used to reduce the required setbacks when approved by the City Engineer/Public Works Director. All setbacks required by this section shall comply with all applicable zoning requirements. If the zoning setback requirements exceed the setback requirements in this section, the zoning setbacks shall govern.

(B) Design standards for setbacks.

(1) The tops and toes of slopes shall be set back from the outer boundaries of the grading permit area, including easements, in accordance with Figure 7.90.210-1 Minimum Setbacks from Adjacent Slopes of this section.

• (2) Setbacks between graded slopes (cut or fill) and structures shall be provided in accordance with Figure

7.90.210-1 Minimum Setbacks from Adjacent Slopes of this section.

• (3) A usable side yard of at least five feet from any building wall shall be provided to the top or toe of a slope unless waived by the City Engineer/Public Works Director.

• (4) Lot lines shall be located at the top of slopes whenever possible.

Figure 7.90.210-1 Minimum Setbacks from Adjacent Slopes

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Legend: "PL" means property line. "PS" means permit boundary. "MS" means manufactured surface. "Hw" is the height of the retaining wall measured from the top of the footing to the top of the wall. Notes:

1. Table A-1 applies to manufactured slopes and 2 to 1 (2:1) horizontal to vertical (or steeper) natural slopes. Setbacks from natural slopes flatter than a 2 to 1 (2: 1) horizontal to vertical shall meet the approval of the City Engineer/Public Works Director.

2. "b" may be reduced to a five-foot minimum if an approved drainage device is used; roof gutters and downspouts may also be required.

3. "b" may be reduced to less than 5 feet if no drainage is conveyed on one side and if roof gutters are included.

4. If the slope between "a" and "h" is replaced by a retaining wall, "a" may be reduced to zero and "h" shall remain as shown in Table A-2. The height of the wall shall be governed by zoning regulations.

5. "b" shall be measured from the face of the structure to the top of the slope.

6. "d" is measured from the lower outside edge of the footing, along a horizontal line to the face (daylight) of the slope. Under certain circumstances, "d" may be reduced as recommended in a soils report and approved by the City Engineer/Public Works Engineer.

7. The use of a retaining wall to reduce setbacks must be approved by the City Engineer/Public Works Director.

8. In limited situations, "f" may be reduced to zero feet if allowed by the Planning Director and if the Building Official approves a combination structure/retaining wall after submittal and review of structural calculations from a registered civil engineer or structural engineer and after the City Engineer/Public Works Director approves any necessary drainage devices.

9. The maximum height of retaining walls for developer-initiated projects shall be 4 feet unless otherwise approved by the City Engineer and the Community Development Department. Wall heights greater than 6 feet may also be approved on a case-by-case basis as approved by the City Engineer/Public Works Director. (Ord. 2022-364, passed 11-16-2022)

(A) General. Unless otherwise noted on the approved plans, drainage facilities and terracing of graded slopes shall conform to this section.

(B) Terraces.

(1) Mid-slope terraces at least six feet in width shall be established at not more than 30-foot vertical intervals on all cut or fill slopes, except that where only one terrace is required, it shall be at midheight. For cut or fill slopes greater than 60 feet and up to 90 feet in vertical height, one terrace at approximately mid-height shall be 12 feet in width. Terrace widths and spacing for cut and fill slopes greater than 90 feet in vertical height shall be designed by a professional engineer and approved by the City Engineer/Public Works Director. Suitable access shall be provided to permit proper cleaning and maintenance.

(2) Terrace drains shall have a minimum gradient of 5% and shall be paved with concrete not less than three inches in thickness, or other materials suitable to the application. Terrace drains shall have a minimum depth at the deepest point of no less than one foot and a minimum paved width of at least five feet and shall be designed to accommodate all runoff created by the cut or fill slope as well as any tributary runoff which enters the terrace drain. (C) Subsurface drainage. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability and as recommended by the soil engineer or the engineering geologist.

(D) Stormwater discharge. All drainage facilities shall be designed to carry stormwater runoff to the nearest practicable drainage way approved by the City Engineer/Public Works Director and any other appropriate jurisdiction as an acceptable and safe location to deposit such runoff. Erosion of the ground in the area of discharge shall be prevented by installation of non-erosive down drains, energy dissipaters or other devices approved by the City Engineer/Public Works Director.

(E) Interceptor drains. Concrete interceptor drains (brow ditches) shall be installed along the top of all cut slopes where the tributary drainage area above the cut slope drains toward the cut slope, unless waived by the City Engineer/Public Works Director. The slope gradient for the interceptor drain shall be 2% minimum.

(F) Stormwater runoff. Stormwater runoff shall not be allowed to flow over cut or fill slopes which are steeper than a five to one (5:1) horizontal to vertical slope ratio. Drainage shall be provided by the following methods:

(1) Wherever practicable, each lot shall be graded so that stormwater will drain from the backyard through the side yard and front yard directly to the abutting street or toward approved drainage facilities as required by Cal. Building Code § 1804.4 and Cal. Residential Code § R401.3. Wherever practicable, drainage shall not be directed across other lots or over cut or fill slopes. Cross lot drainage may be permitted provided approved by the City Engineer/Public Works Director and drainage easements are provided.

d and front yard directly to the abutting street or toward approved drainage facilities as required by Cal. Building Code § 1804.4 and Cal. Residential Code § R401.3. Wherever practicable, drainage shall not be directed across other lots or over cut or fill slopes. Cross lot drainage may be permitted provided approved by the City Engineer/Public Works Director and drainage easements are provided.

(2) When the provisions in the above division (F)(2) are not practicable, as determined by the City Engineer/Public Works Director, stormwater shall be collected along the top of slopes or at the rear of graded lots by means of paved gutters and/or French drains and carried to properly sized outfall or area drains, which shall also serve as erosion control devices. Such drainage shall not be allowed to drain across the surface of sidewalks or parkways. Asphalt concrete may not be used for any drainage device. Down drain ditches shall be a minimum of 18 inches deep.

(3) Where slopes are terraced at 30-foot intervals, drainage shall be provided in paved ditches a minimum of 36 inches wide and 12 inches deep. Construction of the ditches shall be as described below and shall be located on the terraces with one side of the ditch two feet from the toe of the slope. Where a terrace is constructed to conform to slope requirements, but is intended to be of a temporary nature, the City Engineer/Public Works Director may waive the drainage ditch requirements, if a satisfactory surety bond or other means to guarantee the improvement is posted with the city.

(4) Down drains, interceptor drains, and terrace drains shall be connected together to collect and transport all stormwater runoff entering the drains. They shall be of sufficient depth, as verified by hydraulic calculations, to allow

for unimpeded flow when terraces are crossed. Down drains, interceptor drains, and terrace drains shall be constructed of Portland cement concrete or air blown mortar. They shall be reinforced with wire mesh and/or other appropriate concrete reinforcement as determined by the project engineer and approved by the City Engineer/Public Works Director. If pipe is used for down drains to transport runoff from terrace ditches, it shall be reinforced concrete pipe (RCP), plastic pipe (PVC) or other pipe material approved by the City Engineer/Public Works Director. Anchor lugs or collars may be required by the City Engineer/Public Works Director if the pipe slope is equal to or greater than a two to one (2:1) horizontal to vertical ratio. Pipe specifications shall be approved by the City Engineer/Public Works Director. Special design features shall be provided for abrupt changes in direction of terrace ditches and down drains. (5) The discharge from any down drain, ditch or pipe shall be controlled so as to prevent erosion of the adjacent grounds. Velocities shall be reduced by means of adequately sized aprons of rock, grouted rip-rap, box-type energy dissipaters or other materials approved by the City Engineer/Public Works Director.

hall be provided for abrupt changes in direction of terrace ditches and down drains. (5) The discharge from any down drain, ditch or pipe shall be controlled so as to prevent erosion of the adjacent grounds. Velocities shall be reduced by means of adequately sized aprons of rock, grouted rip-rap, box-type energy dissipaters or other materials approved by the City Engineer/Public Works Director.

(G) Maintenance of drainage facilities. Where the continuous functioning of a drainage facility is essential to the protection and use of more than one lot within a development project site, a mutual and reciprocal covenant or deed restriction or easement shall be recorded by the owner(s) of the lots on which the drainage facility is located, imposing on each lot owner the responsibility for maintaining that specific portion of the drainage facility located on each lot owner's respective lot.

(H) Off-site drainage easements. All easements necessary for the construction of permanent off-site drainage facilities shall be acquired by the permittee. The easements shall be subject to the approval of the City Engineer/Public Works Director and the City Attorney and recorded prior to the issuance of the grading permit. (Ord. 2022-364, passed 11-16-2022; Am. Ord. 2025-417, passed 7-16-2025)

(A) Retaining walls constructed in connection with grading plans shall be constructed of reinforced concrete, reinforced masonry block, reinforced concrete block, and geo-synthetic fabric or a combination of the aforementioned materials, and shall be approved by the City Engineer/Public Works Director. Retaining walls constructed in connection with grading plans shall be designed to resist all earth pressures acting upon them, including embankment or structure/vehicle surcharge loads. Retaining walls constructed in connection with grading plans shall be designed by a registered civil or structural engineer and submitted to the Engineering Department for review and approval prior to installation. All retaining walls shall be shown on the grading plans, and appropriate structural calculations shall be reviewed and approved by the City Engineer/Public Works Director. Sufficient top of wall and top of footing elevations shall be shown on the grading plans to determine the overall height of the retaining wall at various locations. The City Engineer/Public Works Director may require the preparation of retaining wall profiles as part of the grading plans showing top of wall and top of footing elevations, height of retaining wall at various locations, and existing ground grades. If designed by a structural engineer, the grading plans shall show the information of the structural engineer and shall bear the signature and professional license of the structural engineer.

(B) Retaining walls not constructed in connection with grading plans shall be designed by a registered civil engineer or structural engineer and shall be submitted to the Building Department with appropriate structural calculations for review and approval.

(Ord. 2022-364, passed 11-16-2022)

Whenever expansive soils are encountered within four feet of the finish grade of an area intended or designed as a location for a building, the foundations for buildings and structures shall be designed per the current Section 18 and 18A of the California Building Code unless recommendations for soil removal and stabilization are provided by the project geotechnical engineer.

(Ord. 2022-364, passed 11-16-2022)

(A) Requirements. For the purpose of this section, asphalt concrete, aggregate base material, prime coat, tack coat, and seal coat shall meet all current material specification standards, and design standards of the city for public road construction or receive the approval of the City Engineer/Public Works Director.

(B) Subgrade compaction. Compaction of subgrade materials shall be in accordance with the requirements of § 7.90.190 (Fills).

(C) Soil sterilization. Unless otherwise approved by the City Engineer/Public Works Director, subgrade earth materials shall be sterilized to preclude plant growth.

(D) Pavement structural section. The soils engineer or the civil engineer shall determine the pavement structural section(s) for private parking areas, access lanes, driveways and private streets. The structural section(s) shall be based on:

(1) Soils tests of the subgrade soil(s) performed in accordance with the latest revision of California Test Method Number 302 and anticipated traffic and/or loading conditions.

(2) The design shall be determined by R-value testing in accordance with Caltrans Testing Methods with recommended safety factors.

(E) Alternative design method. In lieu of the recommended structural section from the soil engineer or the civil engineer, the following standards may be used for private parking areas, access lanes, driveways, and private streets:

(F) Dedicated streets. Minimum structural sections for dedicated city streets shall conform with current city standards and design guidelines.

(G) Exceptions. The provisions of this section shall not apply to private asphalt concrete driveway(s) providing access to not more than two single-family residences, proposed in conjunction with a project for which a grading permit has been issued or to commercial, industrial or high-density residential developments where all pavement areas are constructed of Portland cement concrete pavement.

(Ord. 2022-364, passed 11-16-2022)

(A) Design and development standards. All erosion control systems required by the erosion control plan shall be designed and developed in accordance with the following standards:

(1) Erosion control systems shall be designed and developed in conformance with the erosion control plan unless otherwise approved by the City Engineer/Public Works Director.

(2) All sediment shall be contained on-site. Runoff from disturbed areas shall be detained or filtered by berms, swales, ditches, filter strips or other means as necessary to prevent the escape of sediment from the site. Sediment control devices shall be installed prior to or concurrent with the initial grading work and shall be maintained throughout the development process.

(3) Erosion shall be prevented at locations where runoff is concentrated. Where runoff will be discharged to natural ground or channels, appropriate energy dissipaters shall be installed to prevent erosion at the point of discharge.

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

(5) Desilting basins shall be designed to provide a desilting capacity capable of containing the anticipated runoff for a period of time adequate to allow settling of suspended solids.

(6) Desilting basins shall generally be located at the perimeter of development projects. Basins should be located where maintenance access is provided from paved roads during wet weather.

(7) Desilting basins constructed from compacted earth shall be compacted to a relative compaction of 90% of maximum density. A soil engineering report including the type of field-testing performed and the location and results of testing shall be submitted to the City Engineer/Public Works Director for approval upon completing the desalting basin(s).

(8) Equipment and workers for emergency work shall be available at all times. Necessary materials shall be available on-site and stockpiled at convenient locations to facilitate rapid construction of temporary erosion control devices if needed.

(9) Unless otherwise approved by the City Engineer/Public Works Director, erosion control systems shall include effective stabilization on all slopes in excess of three feet in height. Slopes exceeding 15 feet in height may require an adequate sprinkler system, as determined by the City Engineer/Public Works Director.

(10) All slopes greater than five feet in height shall be permanently stabilized with landscaping. If the permanent landscaping is not installed or cannot be sufficiently established within a reasonable time period as determined by the City Engineer/Public Works Director, the slope(s) shall be stabilized with BMPs approved by the City Engineer/Public Works Director.

(11) All disturbed slopes shall be planted and protected within seven days of the completion of each stage of grading. Suitable measures to prevent slope erosion, including but not limited to rapid growth vegetation sufficient to stabilize the soil, shall be installed on all disturbed areas until the permanent vegetative cover sufficiently matures to provide permanent stability.

(12) Erosion control systems shall include and complement drainage patterns during the current and future phases of grading.

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

(14) If a development project includes grading or construction within close proximity (as determined by the City Engineer/Public Works Director) of any environmentally sensitive area, additional erosion control systems may be required within all disturbed areas in order to minimize the impacts to the environment. The erosion control systems shall be completed, inspected and operational within a reasonable time period, as determined by the City Engineer/Public Works Director. The additional erosion control measures may include, but are not limited to, installing protective materials and stabilizers along banks and within waterways and over all disturbed areas. The additional erosion control systems may also require a 24-hour on-site guard during storms and when there is a 50% or greater chance that the precipitation amount is expected to exceed one-half inch in any 24-hour period. The precipitation forecast shall be as established by the National Weather Service.

(15) If construction of an erosion control system outside of the boundaries of the development project is necessary, permission to construct such system from the affected property owner(s) shall be obtained. Erosion control plans for off-site erosion control systems shall be included with the on-site erosion control plans submitted to the City Engineer/Public Works Director. The erosion control plan for the off-site erosion control systems shall include permission to grade and maintain the erosion control systems from all affected property owners and letters of clearance and/or permits from all appropriate governmental entities.

(16) The faces of cut and fill slopes and the project site shall be prepared and maintained to control erosion. Slope protection may be waived by the City Engineer/Public Works Director for cut slopes, which are not subject to erosion because of the erosion-resistant character of the materials.

(17) Water quality and erosion control devices and improvements designed for the post development WQMP that are constructed in accordance with the grading plans shall be protected and maintained for post development phases of the project.

(B) Construction and installation of erosion control systems. All erosion control systems required by the erosion control plan shall be constructed and installed in accordance with the following:

(1) Erosion control systems shall be constructed and installed in conformance with the erosion control plan unless otherwise approved by the City Engineer/Public Works Director.

(2) The construction and installation of all erosion control systems shall be approved by the City Engineer/Public Works Director and approved and certified by the civil engineer or QSD/QSP. All erosion control system(s) shall be constructed, installed, approved, and certified as complete and functional by the City Engineer/Public Works Director within a reasonably sufficient time period, as determined by the City Engineer/Public Works Director.

(3) All erosion control systems shall remain in place at all times for all areas in when construction is not occurring.

(4) All erosion control systems shall remain in place until the site is fully stabilized.

(5) All erosion control systems required to retain sediment on-site and to safely discharge any accelerated runoff generated by the associated development project shall be installed during the initial construction phase of the development project.

(6) All removable protective devices shall be in place at the end of each working day.

(C) Maintenance of erosion control systems. All erosion control systems required by the erosion control plan shall be maintained in accordance with the following:

(1) Erosion control systems shall be maintained in conformance with the erosion control plan unless otherwise revised by the City Engineer/Public Works Director. The project site's SWPPPs shall be constantly updated to reflect the current erosion control plans and/or BMP devices approved for the site.

(2) The performance of all erosion control systems shall be evaluated by the City Engineer/Public Works Director and revised and replaced as ordered.

(3) Erosion control systems shall be serviced and maintained to provide continuous capacity and to adequately function as designed. After precipitation exceeding one- quarter inch in any 12-hour period, or upon direction of the City Engineer/Public Works Director, silt and debris shall be removed from check dams and desilting basins and the basins pumped dry and otherwise restored to the original design condition.

(4) The grading contractor, permittee, and property owner shall be responsible for and shall take all necessary precautions to prevent public trespass into areas where impounded water creates a hazardous condition. Necessary precautions may include, but are not limited to, appropriate perimeter fencing or a 24-hour guard.

(5) Any sprinkler system controlled by timers and used with an erosion control system shall be inspected at least every 30 days to ensure proper functioning of the timer device.

(6) 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 control erosion that has been deposited on streets or sidewalks. Watering shall not be used to clean streets except for the removal of fine material not otherwise removed by sweeping or other mechanical means.

s 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 control erosion that has been deposited on streets or sidewalks. Watering shall not be used to clean streets except for the removal of fine material not otherwise removed by sweeping or other mechanical means.

(D) Failure of erosion control system. The grading contractor, permittee, or property owner shall be responsible for construction, installation, inspection, modification, and proper maintenance of all erosion control systems. If the grading contractor, permittee, or property owner fails or refuses to properly construct, install, or maintain an erosion control system, the City Engineer/Public Works Director may order emergency maintenance work to be done in order to protect public or private property or to protect the public health, safety, and welfare. The cost of such emergency work, including initial mobilization, performance of the work, and applicable administrative costs, shall be charged to the permittee or the property owner or the cash security for the erosion control shall be utilized pursuant to the procedures set forth in this chapter. The City Engineer/Public Works Director may also suspend or revoke the grading permit as provided in this chapter. The grading permit shall not be reinstated or renewed until all required erosion control system(s) have been properly constructed, installed, and maintained as approved by the City Engineer/Public Works Director.

(Ord. 2022-364, passed 11-16-2022)

(A) All development projects requesting a grading permit that disturb one or more acres of soil, or whose projects disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres, are required to obtain coverage under the general permit for discharges of storm water associated with construction activity Construction State Water Resources Control Board (SWRCB) Order 2009-0009-DWQ or any amendment, update, or more recent construction general permit. The RWQCB may require compliance with individual permits it has issued under the NPDES program. The general permit and individual permits typically require an applicant to file a notice of intention (N01), prepare a storm water pollution prevention plan (SWPPP), and implement a monitoring program.

(B) Prior to issuance of a grading permit, each applicant shall provide evidence of compliance with the appropriate stormwater standards, and, if applicable, a copy of the required NPDES permit to the City Engineer/Public Works Director. Such information shall be maintained on-site during construction and shall be presented upon demand by the SWRCB, the RWQCB, the city, or any member of the public.

(Ord. 2022-364, passed 11-16-2022)

(A) Pre-grading, pre-paving, and pre-construction meeting. Prior to any grading or clearing, brushing, and grubbing there shall be a pre-grading or pre-construction meeting held on the site or at City Hall, unless waived by the City Engineer/Public Works Director. Prior to placing concrete for curb and gutter, sidewalk, pavement base material, or other similar improvements in the public right-of-way, there shall be a pre-paving meeting held on the site, unless waived by the City Engineer/Public Works Director. The permittee shall notify the City Engineer/Public Works Director and request at least five working days (for pre-grading), and at least three working days (for pre-paving), prior to the meeting(s) and shall notify all principals responsible for grading or paving operations.

(B) Pre-work inspection. Prior to the commencement of any work authorized by a grading permit, the City Engineer/Public Works Director may inspect the site of the work to determine that the approved plans are current and reflect existing conditions. If the City Engineer/Public Works Director finds the soil or other conditions do not reflect the conditions shown on the approved plans or stated in the geotechnical reports, the City Engineer/Public Works Director may issue a stop work order until revised grading plans or modified geotechnical reports that reflect the actual site conditions have been submitted and approved by the City Engineer/Public Works Director.

(C) Site inspections. All work authorized under a grading permit shall be subject to the following inspections, where applicable, and the permittee shall provide notice to the City Engineer/Public Works Director at least 24 hours prior to the work being ready for the inspection.

(1) Excavation and fill inspection. All excavation and fill work shall be inspected as follows:

(a) Canyon clean out. After all brush and unsuitable material is removed and an acceptable base is exposed, but before fill is placed.

(b) Toe bench and key. After the natural ground or bedrock is exposed and prepared to receive fill, but before fill is placed.

(c) Over excavation. After the area is excavated but before fill is placed.

(d) Excavation. After the excavation is started, but before the vertical depth of the excavation exceeds ten feet and every ten-foot interval thereafter.

(e) Fill. After the fill is started, but before the vertical height of the fill exceeds ten feet and every ten-foot interval thereafter.

(2) Concrete or gunite drainage device inspection. All concrete or gunite drainage devices shall be inspected as follows:

(a) Alley gutter or concrete drainage device. After the subgrade is prepared and any reinforcement placed, but prior to concrete placement and then again during concrete placement.

(b) Terrace drains, down drains, brow ditches. After grade is established, but before placement of welded wire mesh or reinforcement and then again during placement of concrete or gunite.

(3) Other drainage devices. Any subdrains, city storm drain or inlets, or any earth swales shall be inspected as follows:

(a) Subdrains. After excavation but prior to placement of filter materials and pipe. The subdrain pipe and filter material shall be on-site for inspection. Inspection shall also occur after placement of pipe and filter material but before backfilling.

(b) City storm drains and inlets. After installation of form work and placement of reinforcement, but before concrete placement and then again during placement of concrete and removal of form work, but prior to backfilling. Inspection shall also occur after backfilling and completion of storm drain.

(c) Earth swales. Prior to rough grading approval and then again prior to final grading approval.

(4) Siltation control facilities. All siltation control facilities shall be inspected as follows:

(a) After excavation of desilting basins but prior to fill placement. Prefabricated drainage devices shall be available on-site for inspection.

(b) After fill placement of desiltation basins but prior to placement of concrete or other non erosive materials (if applicable).

(c) After completion of an erosion control system in accordance with the approved erosion control plan and any requirements of the City Engineer/Public Works Director.

(5) Rough grade inspection. All rough grading work shall be inspected when all rough grading is complete. Inspection shall occur after the City Engineer/Public Works Director has received, reviewed, and approved the required geotechnical certification(s) and/or compaction reports and the civil engineer has submitted approval of line and grade on a city-approved format. Under normal circumstances, all subdrains and slope drains, if required, shall be in place and approved as a condition of rough grading inspection.

(6) Paving inspection. All paving work shall be inspected as follows:

(a) Subgrade. After subgrade is established, tested, and approved by the soil engineer. The soil engineer may leave a field memo of compaction test results onsite. The civil engineer shall provide approval of line and grade. The subgrade must then pass a yield test performed by a full water truck prior to placing the base.

(b) Base. After base course is in place, tested, and approved by the soils engineer and city inspector, but prior to prime coat and asphalt placement. The soils engineer may leave a field memo of compaction test results on-site. Material invoices or weight tickets shall be required.

(c) Asphalt concrete. During asphalt placement to verify compliance with the approved plans. Material invoices or weight tickets shall be required. Proper equipment shall also be used, in accordance with the contract specifications. Prior to application of seal coat, the paved surface shall be water tested to reveal any irregularities and shall be patched where required.

(7) Special inspections. For special cases involving grading or paving related operations, the City Engineer/Public Works Director may establish special inspection requirements in accordance with the California Building Code, as amended. Special cases may apply to work where, in the opinion of the City Engineer/Public Works Director, it is necessary to supplement the resources or expertise available for inspection.

(8) Special inspections for receiving hauled earth material. In cases where earth material is hauled to the grading site for use as part of the grading activities such as for fill placements, the City Engineer/Public Works Director may establish special inspection requirements to ensure imported earth material meets the requirements set forth in this chapter.

(9) Final inspection. All work shall undergo final inspection when all work, including the installation of all drainage structures and other protective devices, is complete and all written professional approvals and the required reports are submitted.

(D) Enforcement of inspections.

(1) Whenever any work for which inspection is required is covered or concealed by additional work without first being inspected, the work is subject to rejection by the Public Works Inspector and approved by the City Engineer/Public Works Director. The City Engineer/Public Works Director may require that all the work be exposed for examination in the presence of the Public Works Inspector or the City Engineer/Public Works Director's designee. Any cost for exposing, necessary removal, re-working, and recovering such non-inspected work shall be at the permittee's sole cost and expense.

(2) The provisions of the California Building Code, Section 114, Stop Work Orders, shall apply, whenever the City Engineer/Public Works Director determines that any work does not comply with the terms of the grading permit, the approved plans, any applicable provisions of this chapter or the code, or state or federal law, or that the soil or other conditions are not as stated on the grading permit, approved plans or geotechnical reports. Pursuant to such authority, the City Engineer/Public Works Director may order the work stopped by notice in writing served to any

person(s) engaged in doing or causing of such work to be done, and any such person(s) shall immediately stop such work until authorized by the City Engineer/Public Works Director to proceed with the work.

(E) Inspections by professionals of record.

(1) The soil engineer shall be responsible for the professional inspection and approval concerning the preparation of ground to receive fills, testing for required compaction, stability of all finished slopes, design of buttress fills where required, and incorporating data supplied by the engineering geologist.

(2) The engineering geologist shall be responsible for the professional inspection and approval of the stability of cut slopes with respect to geological matters and the need for subdrains or other groundwater drainage devices. The engineering geologist shall report all findings to the soil engineer for engineering analysis.

(3) The structural engineer, if applicable, shall be responsible for the professional inspection and approval of nonstandard retaining walls or retaining walls to be constructed in connection with the grading plans, and all other structures designed under the structural engineer's supervision.

(4) When preliminary soil engineering reports are not required by the City Engineer/Public Works Director, inspection and testing may be required by a testing agency. The testing agency shall be responsible for the professional inspection and approval of cleared areas and benches to receive fill and the compaction of fills.

(5) The City Engineer/Public Works Director, or his or her designee, shall inspect the project at various stages of work requiring approval and at any more frequent intervals necessary to determine that adequate inspection and testing are being completed by the professional consultants and to ensure conformance with the approved plans.

(F) Noncompliance; notification; corrective measures. If the civil engineer, the soil engineer, the engineering geologist, the structural engineer, the public works inspector, or the testing agency finds during any inspection conducted pursuant to this chapter that the work is not being completed in conformance with the grading permit, the approved plans, any applicable provisions of this chapter or the code, or state or federal law, the nonconformance shall be immediately reported in writing to the permittee, any contractor performing the work, the property owner, and the City Engineer/Public Works Director. The civil engineer, the soil engineer, the engineering geologist, the structural engineer, or the testing agency shall submit recommendations for corrective measures to the City Engineer/Public Works Director for review and approval. The City Engineer/Public Works Director may require additional or revised soil engineering reports or engineering geology reports for approval of the corrective measures.

(G) Incorporation of corrective measures. The civil engineer shall incorporate any corrective measures approved by the City Engineer/Public Works Director into the approved plans, and the changes shall automatically be deemed part of the grading plans and the grading permit. The civil engineer of record during construction shall be responsible for establishing line and grade for the grading and drainage improvements and shall act as the coordinating agent in the event the need arises for a liaison between the other professionals, the grading contractor and the City Engineer/Public Works Director. The civil engineer of record during construction shall also be responsible for preparing revised grading plans for review and approval, if required by the City Engineer/Public Works Director. Upon completion of the work, the submission of an as-built precise grading plan shall incorporate all corrective measures, changes, and additions made during construction.

(Ord. 2022-364, passed 11-16-2022)

(A) If the civil engineer, the soil engineer, the engineering geologist, the structural engineer, the testing agency, or the grading contractor of record is changed during the course of the work, the work may be stopped by the City Engineer/Public Works Director until:

(1) The permittee submits a letter of notification to the City Engineer/Public Works Director verifying the change of the responsible professional, or the civil engineer who prepared the approved plans submits a letter indicating that

he or she is not the engineer of record for construction of the project.

(2) The new responsible professional submits in writing that he or she has reviewed all prior reports and approved plans (specified by date and title) and work performed by the prior responsible professional and that he or she concurs with the findings, conclusions, and recommendations and is satisfied with the work performed. The new responsible professional must also state that he or she assumes all responsibility within his or her purview as of the specified date.

(B) All exceptions to the requirements of this section must be justified to the satisfaction of the City Engineer/Public Works Director.

(C) Where clearly indicated that a corporation, partnership, limited liability partnership, or limited liability corporation, not the individual engineer and/or geologist, is the responsible professional, the designated engineer and/or geologist may be reassigned and another engineer and/or geologist within the corporation, partnership, limited liability partnership, or limited liability corporation may assume responsibility without the requirement for written notification to the City Engineer/Public Works Director.

(Ord. 2022-364, passed 11-16-2022)

(A) Building permits may be issued for a site graded under an approved plan and valid grading permit upon completion, inspection, approval of precise grade, and inspection as required by this chapter. Only building permits for construction of model homes may be issued prior to completion of rough grading for the site, provided that rough grading is completed and inspected for the model home sites.

(B) Building permits shall not be issued for a site graded under a rough grading permit until a new precise grading plan is approved, a grading permit issued, and the provisions noted above are satisfied.

(C) No building permit shall be issued unless and until all conditions of approval have been satisfied to the satisfaction of the approving authority.

(Ord. 2022-364, passed 11-16-2022)

(A) Final reports. Upon completion of the rough grading work and at the final completion of all work authorized under the grading permit, but prior to the release of grading security or issuance of a certificate of occupancy, the City Engineer/Public Works Director shall require:

(1) An as-built precise grading plan prepared by the civil engineer which shall include original ground surface elevations, as-graded ground surface elevations, slope inclinations, elevations and locations of all surface and subsurface drainage facilities, location with scaled sections of all buttress/stabilization fill, and location and depth of all areas of unsuitable soil.

(2) Written approval by the civil engineer that the grading conforms with the approved plans and that specifically identifies the following items as conforming with the approved plans:

(a) Construction of line and grade for all engineered drainage devices and retaining walls (both rough and final grading).

(b) Staking of property corners for proper building locations (rough grading only).

(c) Locations of permanent walls or structures on property corners or property lines where monumentation is not required (final grading only).

(d) Location and inclination of all manufactured slopes (both rough and final grading).

(e) Construction of earthen berms and positive building pad drainage (both rough and final grading).

(3) A final soil engineering report (compaction report) prepared by the soil engineer, including the type of field testing performed, the stability of utility trench and retaining wall backfill, summaries of field and laboratory tests, and other substantiating data and comments on any changes made during grading and the effect of the same on recommendations and changes incorporated in the approved plans. Each field density test shall be identified, located on a plan or map, the elevation of the test and finish grade elevation shown, and the method of obtaining the in-place density described (either ASTM 1556-78 or the approved equal shall be noted). The final soil engineering report shall provide written approval as to the adequacy of the site for the intended use, as affected by soil engineering factors, and a statement of compliance to finish grade.

(4) A final engineering geology report prepared by the engineering geologist, including a final description of the site's geology, including any new information discovered during the grading and the effect of the same on recommendations and changes incorporated in the approved plans. The engineering geologist shall provide written approval as to the adequacy of the site for the intended use as affected by geologic factors, a statement of compliance to finish grade, and, when required by the City Engineer/Public Works Director, shall submit an as-built geologic map. (5) The City Engineer/Public Works Director may require a statement of compliance prepared by the grading contractor that all work was completed in accordance with the grading permit and approved plans.

the intended use as affected by geologic factors, a statement of compliance to finish grade, and, when required by the City Engineer/Public Works Director, shall submit an as-built geologic map. (5) The City Engineer/Public Works Director may require a statement of compliance prepared by the grading contractor that all work was completed in accordance with the grading permit and approved plans.

(B) Notice of completion. The City Engineer/Public Works Director shall give final approval of the work and a notice of completion upon determination that all work, including installation of all drainage facilities and their protective devices and all erosion control measures, has been completed in accordance with the approved plans and undergone final inspection; the required final reports and statements of compliance have been submitted and approved by the City Engineer/Public Works Director; and all fees and costs incurred by the permittee have been paid or satisfied by the security.

(Ord. 2022-364, passed 11-16-2022)

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