Montebello Municipal Code Ch. 15.48 Grading

The purpose of the provisions of this chapter is to safeguard health, safety and public welfare by regulating and controlling the design, construction, quality of materials and the location of work, as the same pertains to the grading and filling of land within the city.

(Prior code § 8700 (part))

The city council declares the regulations and standards established herein to be minimum regulations necessary for the protection of the public health, safety and welfare; and that when circumstances warrant, the city engineer shall recommend to the city council such additional standards, procedures, and other regulations as may be necessary

(Prior code § 8700 (part))

No person shall commence, make, or cause to be made, nor shall the owner of any real property located in the city permit or allow any excavation or fill to be made upon any property within the city, without first complying with all applicable provisions of this code and all other applicable regulations of the city.

(Prior code § 8701 (part))

The provisions of this chapter shall apply to all persons, including any county, state or federal governmental agency, or any department, commission or board thereof, or a public utility, except the city; but, notwithstanding the provisions of this chapter, no such governmental agency or public utility shall be required to pay the city any fee.

(Prior code § 8701 (part))

For the purposes of this chapter, the following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them herein, unless the context clearly requires otherwise:

"Approved soil testing agency" means an agency which the city engineer finds has technically qualified personnel and adequate facilities for the making of accurate soil tests in accordance with approved engineering practices.

"Bond" means a form of security posted to guarantee the performance of an obligation, and shall consist of a corporate surety bond, cash, or an "instrument of credit" as that phrase is defined in Section 66499 of the Government Code of the state of California.

"Building pad" means the aggregate portion or portions of a lot having a uniform grade of less than ten percent as a result of grading which is intended for a building or appurtenant uses.

"Civil engineer" means a civil engineer dully licensed by the state of California.

"Deleterious material" means all substances of an organic nature such as trees, brush, lumber, tires, paper, asphalt; also plastics, tin cans, barrels, metal drums, broken concrete, bottles, ashes, junk metal, and other types of trash.

"Developer" means any person who is the owner or developer of any land within the city who proposes to develop the land in a manner which requires the issuance of a grading permit.

"Diversion" or "to divert" means a change in the direction of the flow of surface, stream or storm waters.

"Engineering geologist" means a qualified geologist capable of applying the geological sciences to civil engineering practice.

"Excavation" means any act by which earth, sand, gravel, rock or any other similar or related material is cut into, dug, uncovered, removed, displaced, relocated or bulldozed, and shall include the resultant excavation site condition.

"Fill" means any act by which earth, sand, gravel, rock or any other similar or related material is deposited, placed, pushed, pulled or transported to a place other than the place from which it was excavated, and shall include the resultant fill side condition.

"Grading" means an excavation or fill, or any combination thereof, and includes the site condition resulting from any excavation and/or fill.

"Grading permit" means a permit required by this chapter for all proposed excavations and/or fills.

"Grading plan" means a plan or map showing the property boundaries, existing contours and proposed final grades, retaining walls, drainage facilities and all other features, structures and designs pertinent to the proposed grading.

"Hillside areas" means those portions of the city identified as hillside areas on that certain map entitled "City of Montebello, California, Hillside Areas," dated December 1, 1971, and filed with the city clerk, which is incorporated herein by this reference.

"Hillside plan" means the same as hillside plan review described in Chapter 17.42 of this code.

"Land surveyor" means a person who is licensed by the state of California.

"Natural watercourse" means a ravine, swale, depression, cleft, etc., naturally occurring over and upon the land, which receives drainage from the adjoining land areas and conducts it away from its source.

"Soils engineer" means a civil engineer duly licensed by the state of California who is experienced in soil mechanics.

"Subdrain" means any type of perforated or permeable drainage pipe or facility installed to intercept and carry off water originating from springs and water seeps so as to lower the groundwater level in the vicinity of the drain.

"Surface water drainage" means drainage from the surface of the land area which would naturally occur, or which will occur after the final inspection and approval of grading pursuant to this chapter.

"Temporary storage fills" means soils stockpiled upon a land area for future site development or for temporary storage.

(Ord. 2070 § 31, 1992; prior code § 8702)

No person shall do any grading, nor shall the owner of any real property located in the city cause or allow any grading to be performed on any such land without first obtaining a grading permit therefor from the city engineer.

(Prior code § 8703 (part))

A supervised grading permit shall be issued and performed under the supervision of a civil engineer if such grading will result in any one or more of the following conditions:

A. Any excavation or fill exceeding a depth of three feet;

B. Any excavation or fill within any public easement or public area;

C. Any excavation or fill which will encroach upon, altar, or interfere with any natural watercourse;

D. Any excavation or fill which will divert the surface water drainage to or from any adjoining property;

E. Any excavation or fill which will not permit surface water to drain by overland flow at a minimum slope of one percent, to the nearest practical street, storm drain or natural watercourse;

F. Any excavation or fill in excess of five thousand cubic yards per lot or per acre, whichever may involve the smallest land area, provided the excavation or fill also results in any one or more of the preceding conditions:

G. Any excavation or fill in connection with oil and gas defined in Section 5.52.020;

H. Any excavation or fill where the city engineer determines that special conditions or potential hazards exist.

(Prior code § 8703 (A))

All grading other than supervised grading shall be designated "regular grading."

(Prior code § 8703 (B))

A. The following work is specifically excepted from the provisions of this chapter:

1. An excavation below finished grade for basements or footings for buildings, swimming pools, walls or other similar structures constructed pursuant to a valid building permit issued by the city; and

2. Work on any public works project.

B. These exceptions shall not affect the applicability of this chapter to any fill constructed with materials removed from such excavations.

(Prior code § 8703 (C))

The city engineer upon notification from the permittee or his agent, shall inspect the grading at the following stages of the work and shall either approve the portion then completed or shall notify the permittee or his agent wherein it fails to comply with the requirements of this code:

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

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

C. Final: When grading has been completed, all drainage devices installed, slope planting established and irrigation systems installed.

(Prior code § 8703 (D))

It shall be the responsibility of the engineer to supervise the grading operations and to coordinate site inspection and testing to assure compliance of the work with the approved grading plans, the recommendations of the soils engineer and/or geologist, and the requirements of this code. He shall submit periodic progress reports as required by the city engineer, and shall certify in writing to the satisfactory completion of the various stages of the work. The certification for that portion of the work concerning the preparation of the existing ground surface and placing and compaction of fills may be made by the soils engineer for the approved soil testing agency. The city engineer may require sufficient inspections by the geologist to assure that all geological conditions have been adequately considered and recommended and corrective measures incorporated in the work. All necessary reports, compaction data and soils engineering or engineering geological recommendations made during the grading operation shall be submitted to the city engineer by the supervising grading engineer.

(Prior code § 8703 (E))

An application for a grading permit shall be accompanied by scale plans in triplicate. Except as may be waived by the city engineer upon a finding that the proposed work is minor in nature and would not create a hazardous or otherwise objectionable condition, the plans shall be prepared and signed by a registered civil engineer and shall show the following:

A. Property lines of the property on which the work is to be performed;

B. Location of any buildings or structures on the property where the work is to be performed, and the location of any building or structure on abutting land, which structures are within fifteen feet of the property line of the property on which the work is to be performed;

C. Elevations, dimensions, locations, extent and the slopes of all proposed work shown on a contour map, and a certification of the quality of excavation and fill involved;

D. Detail plans of all walls, cribs, drains, dams or other protective devices to be constructed in connection with or as part of the proposed work, together with a map showing the drainage area and calculated cubic-feet-per-second stormwater runoff of the area served by all drains; and

E. Additional information as the city engineer may require in order to carry out the purposes of this chapter.

(Prior code § 8703 (F))

If, in the opinion of the city engineer, the grading constitutes a potential hazard to person or property, he may require a soil report and/or a geological report before the issuance of a grading permit can be considered.

(Prior code § 8703 (G))

A hillside plan shall be submitted for approval as provided for in Chapter 17.42 of this code for all property located in any hillside area, prior to the issuance of a grading permit, except where the city engineer and planning director have both indicated, in writing, that the grading plan is in substantial compliance with a previously approved hillside plan or subdivision map recorded prior to the effective date of this section, or where the city engineer finds the grading plan will have no significant effect upon the conditions of the property. A supplemental hillside plan shall be required for any amendment or modification of an approved hillside plan.

(Ord. 2070 § 32, 1992: prior code § 8704)

A. Whenever, in the judgment of the city engineer, the proposed grading would or could, directly or indirectly, create a hazard to human life, or endanger abutting or adjacent property, or any public facility, or result in the creation of a nuisance to adjacent properties, no permit shall be issued. If, in the opinion of the city engineer, the danger, hazard or nuisance could be eliminated by the imposition of reasonable conditions, he may conditionally issue such permit.

B. Such conditions may include, but shall not be limited to:

1. Designation of the hours of operation or the period of the year during which the work under the grading permit may be performed;

2. Restrictions as to the size and type of equipment;

3. Designation of routes upon which materials may be transported, and other regulations pertaining to the use of public streets;

4. The manner of disposing of excavated material;

5. Requirements as to the laying of dust, the prevention of noises and other such situations which are or might be offensive or injurious to the neighborhood, the general public or any portion thereof;

6. Designation of maximum or minimum slopes to be used if the same vary from those prescribed in this chapter;

7. Regulations as to the degree of compaction of fill material;

8. Requirements as to paving private driveways and roads for drainage purposes;

9. Requirements for safe and adequate drainage of the site;

10. A requirement that approval of the city engineer be secured before any work which has been commenced may be discontinued;

11. A requirement that men and equipment be provided at the site during storms to prevent incomplete work from endangering life or property;

12. A requirement for fencing of excavations or fills which would be hazardous without such fencing;

13. Appropriate protective devices, such as walls, cribs, etc., may be required; and

14. Specific methods of performing the grading may be required.

(Prior code § 8705)

A. Plan Checking Fees. Before accepting a set of plans and specifications for checking, the city engineer shall collect a plan checking fee. The amount of the plan checking fee shall be as set by resolution of the city council.

B. Grading Permit Fees. A fee for each grading permit shall be paid to the city as set by resolution of the city council.

C. Fee for Excavation and Fill on the Same Site. For excavation and fill on the same site, the fee shall be based upon the volume of the excavation or the fill, whichever is greater.

D. Fees for Drainage and Protection Devices and for Landscaping and Irrigation. A fee shall be collected, as set by resolution of the city council, for plan check and inspection of protective and drainage devices of landscaping and irrigation.

(Prior code § 8719)

Before a grading permit is issued, the applicant shall file with the engineering department a bond guaranteeing compliance with the provisions of this chapter, and any conditions of approval upon the issuance of such permit.

(Prior code § 8720 (part))

All bonds shall be executed by the owner of the property where the work is to be undertaken, or by this contractor or agent, and by a corporate surety authorized to do business in the state, as surety, or in lieu thereof, the bond shall be a cash deposit or instrument of credit.

(Prior code § 8720 (A))

Every bond shall be conditioned that the permittee shall, and the surety shall, guarantee:

A. Compliance with all of the provisions of this chapter and all applicable laws and ordinances;

B. Compliance with all of the terms and conditions of the permit for excavation or fill and completion of work to the reasonable satisfaction of the city engineer; and

C. Completion of all work contemplated under the permit within the time limit specified in the permit. The city engineer may, for sufficient cause, extend the time specified in the permit, but no such extension shall release the surety from its obligations.

(Prior code § 8720 (B))

The terms of each bond shall begin upon the date of filing with the city engineer and shall remain in effect until the completion of all work included in the permit to the satisfaction of the city engineer. All slope protection devices shall be in place, functional, clean and established. Such completion shall be evidenced by the issuance of a certificate of completion signed by the city engineer. An amount determined by the city engineer shall be posted as a guarantee and warranty of the work for a period of one year following the issuance of the certificate of completion against any defective work, or labor done, or any defective materials furnished.

(Prior code § 8720 (C))

The amount of the bond shall be based upon the number of cubic yards of material in either excavation or fill, whichever is the greater amount, and shall include the estimated cost of all drainage or other protective devices as may be required and all landscaping and irrigation as may be required. The amount of the bond shall be based on an estimate approved by the city engineer.

(Prior code § 8720 (D))

If, in the opinion of the city engineer, the nature of a specific grading project is such that it might create a hazard to human life or endanger enjoining or adjacent property or any public property, the city engineer may, before issuing the permit, require that the applicant file a certificate showing that the applicant is insured against claims for damages for personal injury and property damage, including damage to city property, which may arise from or out of the performance of the work, whether such performance be by himself, his subcontractor or any person directly or indirectly employed by him, and the amount of such insurance shall be prescribed by the city engineer in accordance with the nature of the risks involved. Such insurance shall include protection against liability arising from completed operations and shall have the city as a coinsured.

(Prior code § 8721)

Every permit issued under the provisions of this chapter shall expire at the end of the period of time set forth in the permit. If the permittee is unable to complete the work within the specified time he shall, prior to expiration of the permit, present in writing to the city engineer a request for an extension of time, setting forth therein the reasons therefor. If, in the opinion of the city engineer, such an extension is reasonably necessary, he may grant additional time for the completion of the work.

(Prior code § 8725)

A. Permits issued under this chapter may be revoked by the city engineer for any of the following reasons:

1. Violation of any condition of the permit; or

2. Violation of any provision of this chapter; or other applicable law; or

3. The existence of a condition or the doing of an act constituting or creating a nuisance or endangering the lives or property of others.

B. Written notice of revocation shall be served when the permittee by United States mail, postage prepaid, addressed to the permittee at his last known address. Such notice shall contain a brief statement of the grounds relied upon for revoking the permit. All work shall be stopped as of the date of revocation as stated in the notice.

(Prior code § 8724)

A. No temporary storage fill will be allowed except pursuant to a grading permit issued after the city engineer has found that such storage fill would not constitute a hazard to life or property, or become a public nuisance or health menace.

B. Temporary storage fills approved by the issuance of a grading permit shall be removed from the site within a period of time not to exceed six months from the date of issuance of the permit unless a lesser period of time is so stipulated in the permit, or unless the fill is graded and compacted under the authority granted by a subsequent or amended grading permit. A bond shall be required to insure the removal or elimination of such fill upon the expiration of time set forth in permit.

C. Temporary storage fills, as described herein, that are to be maintained for a duration of more than six months, shall require the issuance of a conditional use permit pursuant to Chapter 17.70 of this code.

(Ord. 2070 § 33, 1992; prior code § 8706)

Where two or more contiguous lots are to be graded to different elevations, such as within a subdivision, the top of slope shall be located on property line wherever practicable. Boundaries of the site are excepted unless the adjoining property owner consents in writing to the construction of cut or fill slopes upon or immediately adjacent to his property.

(Prior code § 8707)

Whenever an excavation or fill requires encroachment onto adjacent property, the applicant shall obtain the written consent of the adjacent property owner, or his authorized representative, and shall file a copy of the consent with the engineering department before a permit for such grading may be issued.

(Prior code § 8708)

No grading, or other work in connection therewith, including the import or export of earth materials, shall be conducted between the hours of six p.m. and 7 a.m., nor on Sunday, except in cases of emergency, as determined by the city engineer.

(Prior code § 8709)

Building pads shall be graded so as to provide a pad size of at least one-third of the minimum lot area required by the zoning regulations of the city, and for proper control and disposition of surface waters.

A. Drainage.

1. All building pads shall be uniformly sloped to the street at a minimum grade of two percent. A lesser slope may be permitted by the city engineer for sites graded in nonhillside areas or where special drainage provisions are made, provided such modifications will not result in unfavorable drainage conditions.

2. Drainage to locations other than public streets shall not be permitted unless a specific finding is made by the city engineer that drainage to the street would be impractical or hazardous. Alternate methods of drainage within subdivisions shall be subject to city council approval.

B. Berms. Compacted earth berms, curbs or swales shall be provided at the top of all slopes to prevent surface drainage from passing over the slope.

C. Drainage Around Buildings. Surface drainage shall be conducted around buildings by utilization of approved drainage facilities.

(Prior code § 8710)

It shall be the responsibility of the permittee to obtain the services of a soils engineer and/or engineering geologist, if required by the city engineer or by this chapter. Whenever the terms "written certification," "approved in writing," etc., are used in this chapter, it shall be required that a soils engineer and/or engineering geologist prepare and sign such report, and that a copy be forwarded immediately upon completion to:

A. The permittee;

B. The city engineer (subsequently to be a matter of permanent record on file in the office of the city engineer); and

C. Other agencies as may be required by law.

(Prior code § 8711)

No excavation shall be made with a cut face steeper in slope than one and one-half feet, measured horizontally, to one foot, measured vertically. The city engineer may permit the excavation to be made with a cut face steeper in slope than hereinbefore described if the applicant shows, through subsurface exploration by both a soils engineer and an engineering geologist, to the reasonable satisfaction of the city engineer, that the material composing the slope of the excavation and the underlying bedrock is capable of standing on a steeper slope. No slopes shall be cut steeper than the angle of the bedding in any rock or soil formation. If the material composing the slope is of such composition and character as to be unstable under the anticipated maximum moisture content, the slope angle shall be reduced to a stable value. This requirement shall be confirmed by the soils engineer's written certification following laboratory testing.

(Prior code § 8712 (A))

Where the excavation exposes strata above the top of the cut slope which would permit the entry of water along bedding planes, the area shall be sealed with a compacted soil blanket having a minimum thickness of two feet. The soil for this blanket shall be relatively impervious and shall be approved by the soils engineer.

(Prior code § 8712 (B))

The top of cut slopes shall be commenced no closer to the grading site boundary line than one foot plus one-fifth in height of the cut, but need not exceed a horizontal distance of ten feet. A lesser distance may be approved by the city engineer if soils and geological reports indicate that the underlying soils are conducive to stable slope conditions.

(Prior code § 8712 (C))

A. Five-foot wide terraces or benches shall be established at the top of a slopes where the tributary watershed is in excess of twenty-five feet measured horizontally from the top of the slope.

B. No cut slope shall exceed a vertical height of one hundred feet unless horizontal benches thirty-feet wide are installed at each one hundred-foot vertical interval.

C. Intervening terraces or benches shall be ten-feet wide and established at intervals not to exceed fifty feet measured vertically.

D. All terraces or benches shall be paved for drainage purposes.

(Prior code § 8712 (D))

No fill shall be made which creates an exposed surface steeper in slope than two feet, measured horizontally, to one foot measured vertically. The city engineer may permit a fill to be made which creates an exposed surface steeper in slope than hereinbefore described if the applicant shows, through the investigation and report of a soils engineer and an engineering geologist, to the reasonable satisfaction of the city engineer, that the strength characteristics of the material to be used in the fill are such as to produce an equivalent degree of slope stability and safety.

(Prior code § 8713 (A))

A. All fills shall be compacted to a minimum of ninety percent relative density as determined by the ASTM test method D-1557-70.

B. Fills shall be tested for relative compaction by a soils testing agency approved by the city engineer. A certificate of compliance by such agency setting forth the compacted fill densities shall be filed with the engineering department before approval of any fill is given.

C. Fills in nonhillside areas which do not exceed twelve inches in depth need not be compacted, but such fills shall not change the existing drainage pattern of the area.

(Prior code § 8713 (B))

The toe of fill slopes shall be commenced no closer to the grading site boundary line than one-half the height of the fill, but need not exceed a horizontal distance of ten feet, except as the same may be modified in Section 15.48.380.

(Prior code § 8713 (C))

Where the applicant proposes to construct filled ground so as to raise the elevation of the property where it abuts previously improved property, retaining walls shall be required on the property line to a maximum height of the finished lot elevation, or six feet, whichever may be the lower. Should the height of the proposed fill exceed six feet, the fill slope shall commence at an elevation one foot below the top of the retaining wall. Provided, that:

A. If the city council finds:

1. That elimination of the requirement for retaining walls will not adversely affect the purpose and intent of this chapter, and will not adversely affect adjacent properties, and

2. That all abutting property owners consent in writing to the elimination of such retaining walls, the council shall waive the requirements of this section;

B. This requirement may be modified to provide for the installation of permanent drainage facilities between the constructed fill and the property line, if the city council finds the same reasonably necessary.

(Prior code § 8713 (D))

A. No fill slope shall exceed a vertical height of one hundred feet unless horizontal benches thirty feet wide are installed at each one-hundred-foot vertical level.

B. Intervening terraces or benches shall be five feet wide and established at intervals not exceeding twenty feet measured vertically.

C. All terraces or benches shall be paved for drainage purposes.

(Prior code § 8713 (E))

Where a combined cut and fill slope exceeds twenty-five feet in height, a drainage bench shall be placed at the top of the cut slope. The effect of surcharge of the fill under the underlying soil shall be considered by the soils engineer and engineering geologist, and specific recommendations shall be made relative to the setback between the cut and fill.

(Prior code § 8713 (F))

Areas which are to receive fill shall be investigated by the soils engineer and/or engineering geologist to determine the ability of the natural ground to support the fill, if the city engineer finds the same to be reasonably necessary.

(Prior code § 8713 (G))

A. In hillside areas, subdrains shall be constructed under all fills placed in natural watercourses. Subdrains shall be placed along the watercourse flow line and along the flow line of any branches tributary thereto. Additional subdrains shall be installed to collect all active or potential springs or seeps which will be covered by the fill. Subdrains shall be installed after the watercourse has been excavated to unyielding natural soil in preparation for receiving the fill.

B. The actual design and location of subdrains shall be based on the recommendation of the soils engineer and engineering geologist and subject to approval of the city engineer.

(Prior code § 8713 (H))

A. All vegetation, rubbish, uncontrolled fill and unstable soil shall be removed from the site so as to leave the area clean and free from all debris. All soft, spongy or other unsuitable material shall be removed to a depth required to produce a stable subgrade.

B. The ground surface shall be plowed or scarified to a depth of six inches until the surface is free form ruts, hummocks, or other uneven features which would tend to prevent uniform compaction.

C. Where fills are made on hillsides or slopes greater than one foot, measured vertically, to five feet, measured horizontally, steps or benches shall be cut into the original ground before filling is begun. The design of the steps or benches shall be subject to review and approval by the city engineer.

D. After the foundation area for the fill has been cleared and scarified, it shall be disced or bladed until it is uniform and free from large clods, brought to the proper moisture content, and compacted in the same manner and to the same degree as required for the fill material.

(Prior code § 8713 (F))

Fill material shall consist of soils and materials selected and approved in writing by the soils engineer. The soils and materials used shall be essentially free of rocks greater than six inches in diameter and shall not contain paper, wood, glass, metal, cardboard or other deleterious substances.

(Prior code § 8713 (J))

A. The selected fill material shall be placed in layers which when compacted shall not exceed six inches per layer. Each layer shall be spread evenly and shall be thoroughly mixed during the spreading to insure uniformity of material in each layer.

B. When moisture content of the fill material is below that specified by the soils engineer, water shall be added and thoroughly dispersed until the moisture content is as specified to permit the required degree of compaction.

C. When the moisture content of the fill material is above that specified by the soils engineer, the fill material shall be aerated by blading or other satisfactory methods until the moisture content is as specified.

D. After each layer has been placed, mixed and spread evenly, it shall be thoroughly compacted to not less than ninety percent of maximum dry density. Compaction shall be by means of tamping, sheepsfoot rollers, multiple-wheel pneumatic-tired rollers, or other approved methods that leave the fills free of cleavage planes. Compaction shall be accomplished while the fill material is at the specified moisture content and shall be over the entire fill area.

E. Field density tests shall be made at a frequency to be determined by the soils engineer, but in no case shall the tests be made at greater intervals than every two feet of fill measured vertically, and at least one test shall be made for each five hundred cubic yards of fill. Density readings shall be taken in the compacted soil below the disturbed surface. No additional layers of fill shall be spread until the field density tests indicate that the specified density has been obtained.

F. The fill operation shall proceed continuously until the fill has been brought to the finished slopes and grades as shown on the approved plans.

G. Where loose soil remains on the slope after the final elevation of the fill has been attained, this loose material shall either be removed or compacted so that the face of the finished slope shall have a density of no less than eighty-five percent.

(Prior code § 8713 (K))

Sufficient time shall be spent on the site by the soils engineer each day that fills are placed, or other pertinent work is accomplished, to permit him to certify that the proper compaction of all fills has taken place, and to the adherence with all other requirements of this chapter.

(Prior code § 8714)

A. No fill material shall be placed, spread or rolled at such time or times that weather conditions are considered unfavorable by the city engineer. When the work is interrupted by heavy rain, fill operations shall not be resumed until field tests by the soils engineer indicate that the moisture content and density of the fill materials meet the requirements of this chapter.

B. The period between November 15th and April 15th is determined to be the period during which heavy rainfall normally occurs in the city. Previously authorized grading work which continues into the rainy season shall be protected by the installation of temporary erosion control devices. Plans for erosion control devices shall be submitted to the engineering department and design approval obtained not later than November 1st. The design and construction of desilting basins which discharge drainage onto the city streets or natural watercourses shall be under the control of the engineering department. All temporary erosion control devices, including the desilting basins, shall be installed not later than November 15th.

C. Grading work shall be limited or ceased if the city engineer finds that its continuance will constitute a hazard to person or property during the period November 15th through April 15th.

(Prior code § 8715)

A. 1.

The surface of all cut slopes more than five feet in height and fill slopes more than three feet in height shall be protected against damage by erosion by planting with grass or groundcover plants. Slopes exceeding fifteen feet in vertical height shall also be planted with shrubs spaced not to exceed ten feet on centers; or trees, spaced at not to exceed twenty feet on centers; or a combination of shrubs and trees at equivalent spacings, in addition to the grass or groundcover plants. The plants selected and planting methods used shall be suitable for the soil and climatic conditions of the site, and in accordance with standard specifications approved by resolution of the city council on file in the office of the city engineer.

2. Planting need not be provided for cut slopes rocky in character and not subject to damage by erosion, and any slopes protected against erosion damage by other methods when such methods have been specifically recommended by a soils engineer, engineering geologist, or equivalent authority and approved by the city engineer.

B. Slopes shall be prepared for planting in one of the following ways:

1. The slope surface may be prepared for planting by casting topsoil over the slope surface. The topsoil layer shall not exceed three inches in depth.

2. The slope may be scarified to a depth not to exceed three inches.

3. Loose material not to exceed three inches in depth may be left on the slope.

C. 1.

All slopes required to be planted shall be provided with an approved system of irrigation designed to cover all portions of the slope, and plans therefor shall be submitted and approved prior to installation. A functional test of the system may be required.

2. The requirements for permanent irrigation systems may be modified upon specific recommendation of a landscape architect, or equivalent authority, that because of the type of plants selected, the planting methods used and the soil and climatic conditions at the site, irrigation will not be necessary for the maintenance of the slope planting.

D. The planting and irrigation systems required by this section shall be installed as soon as is practicable after rough grading. Prior to final approval of grading and before the release of the grading bond, the planting shall be well established and growing on the slopes, except as hereinafter set forth.

E. Temporary Planting. The city engineer shall permit the temporary planting of fill or cut slopes where, to require permanent planting, prior to the final approval of grading, would constitute a hardship to the owner or contractor; provided, that in addition to such temporary planting, the owner or applicant makes a cash deposit with the city, or instrument of credit, to insure that within a reasonable period of time permanent plantings an irrigation system will be installed in accordance with the provisions hereof.

(Prior code § 8716)

A. Extensive accumulations of deleterious materials encountered, or known to exist, in old dumpsites may be permitted to remain if, in the opinion of the city engineer, the deleterious materials will not constitute a hazard to life or property.

B. When a site is to be graded pursuant to the provisions of this chapter and where extensive accumulations of deleterious materials are known to exist or are subsequently encountered during grading operations, such deleterious materials may be permitted to remain if, in the opinion of the city engineer, they will not constitute a hazard to life or property. In the event that the deleterious materials are permitted to remain, they shall be so placed upon he site as to avoid any hazardous condition and the grading plan shall be prepared or revised to correctly record the location and extent of the materials. The placing of such materials upon any site in the city is specifically prohibited after the effective date of the ordinance codified in this chapter, except as may be permitted pursuant to the zoning code of the city.

(Prior code § 8717)

All cut and fill slopes shall be provided with suitable drainage facilities designed to carry surface waters to the nearest practicable street, storm drain, or natural watercourse. Surface waters shall not be permitted to drain over cut or fill slopes unless nonerosive drainage facilities are provided.

(Prior code § 8718)

A. Whenever the city engineer finds that a default has occurred in the performance of any term or condition of the grading permit, or the permittee has failed to comply with the provisions of this chapter, a written notice thereof shall be given to the owner of the property, and in the event a corporate surety bond has been posted, to the surety company. Such notice shall state the work to be done, the estimated cost thereof and the period of time estimated by the city engineer to be reasonably necessary for the completion of the work.

B. 1.

If a corporate surety bond has been posted, the owner of the property and/or surety shall, within the time specified in the notice of default, either cause the required work to be performed, or, failing therein, pay over to the city the estimated cost of doing the work as set forth in the notice, plus an additional sum for administrative costs equal to ten percent of the estimated cost of the work, but in no event shall the total cost exceed the principal sum of the bond. Upon the receipt of such money, the city engineer shall proceed by such method as he deems convenient to cause the required work to be performed and completed.

2. In the event of failure to complete the work within the time specified, or failure to pay to the city the estimated cost of the work plus administrative costs as set forth in the default notice, and if an immediate hazard to life or property exists due to failure to comply with the permit and the provisions of this chapter, the city engineer may order the work completed without further delay or notice of proceedings whatsoever, by contract or otherwise. The owner and the surety executing such bond shall continue to be firmly bound under a continuing obligation for payment of all necessary costs and expenses that may be incurred or expended by the city in causing any and all of such required work to be done. The surety and owner are bound by any extension of time required to complete such work.

C. If a cash bond or instrument of credit has been posted, the owner of the property shall, within the time specified in the notice of default, cause the required work to be performed. If the owner fails to comply within the time specified, the city engineer shall proceed without delay, and without further notice of proceedings whatsoever, to cause the required work to be done by contract or otherwise, at the discretion of the city engineer. The balance, if any, of such cash deposit, or instrument of credit, less ten percent of the cost of the work for administration shall, upon the completion of the work, be returned to the depositor or his successors or assigns.

D. In the event of default in the performance of any term or condition of the permit for the work, the surety or any person employed or engaged on its behalf, or the city engineer or any person employed or engaged on his behalf, shall have the right to go upon the grading site to complete the required work or make it safe.

E. No person shall interfere with or obstruct the ingress or egress to or from any such grading site by any authorized representative or agent of the surety or of the city engaged in completing the work required to be performed under the permit or in complying with the terms or conditions thereof.

(Prior code § 8720 (E))

A. The permittee or his agent shall notify the city engineer when the grading operation is ready for each of the following inspections:

1. Initial inspection: When the permittee is ready to begin work, but before any grading or clearing is started;

2. Clearing and grubbing inspection: After the natural ground is exposed and prepared to receive fill, but before any fill is placed;

3. Excavation inspection: After the excavation is started, but before the vertical depth of the excavation exceeds ten feet;

4. Fill inspection: After the fill emplacement is started, but before the vertical height of the lifts exceed ten feet;

5. Drainage device inspection: After forms and pipes are in place, but before any concrete is placed;

6. Rough grading inspection: When all rough grading has been completed. This inspection may be requested prior to the submittal of the soils and geological reports to the city engineer. However, the city engineer shall not approve the rough grading until he has received, reviewed and approved such reports;

7. Final inspection: When all work, including installation of all drainage structures and other protective devices, has been completed and the as-graded plan and required reports have been submitted to the city engineer.

B. The city engineer shall approve the work inspected or notify the permittee or owner wherein it fails to comply. Any portion of the work which does not comply with the permit and this chapter shall be corrected.

(Prior code § 8722)

A. If, at any stage of work on a grading project, the city engineer determines that the nature of the operation is such that further work is likely to endanger any person or property, either public or private, he may require, as a condition for the completion of such excavation or fill, that such reasonable precautions be taken as he determines to be necessary.

B. If the city engineer finds that the site or soil conditions are not as stated in the application for the grading permit, he may refuse to allow further work until a revised grading plan, conforming to the existing conditions, is prepared and approved.

(Prior code § 8723)

A. Issuance. If the terms and conditions of the grading permit and the provisions of this chapter have been met, the city engineer shall issue the permittee a certificate of completion.

B. Revocation. If, following the issuance of a certificate, the city engineer determines that there has been material noncompliance with the terms and conditions of the permit and this chapter, he shall advise the permittee in detail of such noncompliance and shall demand full compliance within a reasonable time. Failure to so comply shall be sufficient cause for revocation of the certificate.

C. City Engineer. The city engineer shall forward to the building department a copy of all certificates of completion, together with copies of all correspondence relating to such certificate.

D. Building Department. No occupancy permit for any building or structure on property excavated or graded pursuant to this chapter shall be issued by the building department until a certificate of completion has been issued hereunder.

(Prior code § 8726)

The owner of any property, or any other person or agent in control of such property, shall continuously maintain in good condition and repair all grading, drainage, retaining walls, cribbing, drainage structures, planted slopes, irrigation systems, natural watercourses, surface water drainage, safety fences and other protective devices that exist on the property. The owner of property upon which a grading permit has been issued of such property, shall continuously maintain in good condition and repair all grading, drainages, retaining walls, cribbing, natural watercourses, surface water drainage, safety fences and other protective devices shown on the approved plans or drawings which accompany the grading permit issued for the work. The continuing abatement of dust shall also be required upon all sites. Whenever any grading drainage, protective or drainage devices, landscaping, irrigation system or other protective devices, on any property have been altered or have not been properly maintained, so that they constitute a hazard or menace to life, endanger property, affect the safety, usability or stability of a public way, or become a nuisance, the owner of the property upon which such excavation or fill and protective devices are located, or other person or agent in control of the property, shall immediately cause the repair or reconstruction of such drainage and/or protective devices so that they will conform to the requirements of this chapter; or otherwise repair, reconstruct, strengthen or eliminate such drainage and/or protective devices in a manner satisfactory to the city engineer so that they will no longer constitute a hazard, danger or nuisance.

(Prior code § 8727)

The applicant for a permit, or other person aggrieved by any action or decision of the city engineer, may appeal to the city council by filing with the city clerk a written notice thereof. The appellant shall be given a hearing before the city council, after which the city council shall have discretion to grant or deny the appeal, or modify the decision of the city engineer. The decision of the city council will be final.

(Prior code § 8728)