Moraga Municipal Code Ch. 14.04 General Provisions

This chapter is the "Grading Ordinance" of town of Moraga and may be so cited.

(Ord. 210 (part), 2006)

This chapter sets forth regulations for control of grading and discharge of stormwater generated pollutants resulting from grading.

(Ord. 210 (part), 2006)

The purpose of this chapter is to regulate grading on public and private property in the town of Moraga to:

A. Ensure compliance with goals, policies, and programs of the general plan, municipal code and the town design guidelines;

B. Minimize hazards to life, limb, health, property, and public welfare from grading operations;

C. Preserve the natural environment, site amenities and topography of the land;

D. Mitigate geologic hazards and adverse soil conditions;

E. Avoid pollution of watercourses with nutrients, sediments, or earthen materials generated on or caused by surface runoff on or across graded area;

F. Ensure compliance with county, state and federal laws and regulations.

(Ord. 210 (part), 2006)

Grading is generally allowed except that a permit is required pursuant to Section 14.04.031 of this chapter. All grading requiring a permit shall comply with the provisions of this chapter.

(Ord. 210 (part), 2006)

(Ord. No. 277, § 2, 4-25-2018)

A permit is required where:

A. The cumulative volume of earth material moved is fifty (50) cubic yards or greater;

B. The area to be graded is ten thousand (10,000) square feet or greater;

C. The grading occurs within one hundred (100) feet of a natural watercourse, or within fifty (50) feet of a man-made watercourse not located in the public right-of-way, or alters existing drainage patterns, or has a significant adverse impact on unique natural features or vegetation;

D. The grading exceeds three feet at its deepest point, measured vertically from the elevation of the ground surface prior to the grading;

E. The fill is intended to support structures or buildings;

F. The fill is placed on a ground surface that has a slope of twenty (20) percent or steeper (five horizontal to one vertical);

G. The earthwork creates a slope equal to or steeper than five horizontal to one vertical;

H. The earthwork is unretained and occurs within nine feet of any adjacent property;

I. Excavation or stockpiling of rock, sand, gravel, aggregate or soil where such operations affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property; or

J. The grading is associated with the construction of a water well, but excluding the excavation in accordance with Section 14.04.032(D).

Prior to the issuance of a permit, the application shall be approved by the design review administrator, the design review board, the planning commission, or the town council, in accordance with applicable provisions contained in Chapters 14.08, 14.12 and 14.16 of this code. However, an applicant for a permit whose project has received town approval or been deemed or determined complete prior to the effective date of the grading ordinance is exempt from review under Chapters 14.08, 14.12 and 14.16 of this code.

(Ord. 210 (part), 2006)

Notwithstanding the requirements of Section 14.04.031 of this chapter, a permit is not required for the following:

A. Improvement, construction, repair or maintenance of watercourses or levees for river and local drainage control, and construction of drainage, irrigation and domestic water supply systems and facilities performed under the supervision of the flood control district, an agency of the federal or state government, a water or sanitation district, or an irrigation or reclamation district if the work is otherwise categorically exempt from local and state ordinances and regulations;

B. Exploratory excavations under the direction of a civil or geotechnical engineer, or certified engineering geologist or professional geologist provided the drainage pattern remains the same. This exemption does not provide an exemption from obtaining a well drilling permit pursuant to Contra Costa County regulations;

C. Emergency work approved by the town and necessary to protect life, limb or property, or to maintain the safety, use or stability of a public way or watercourse. The town shall be notified prior to commencement of emergency work and if a permit is required for the grading under Section 14.04.031 of this chapter an application for the permit shall be submitted no later than forty-eight (48) hours after the commencement of the emergency work. The permit shall be obtained within five calendar days of commencement of the emergency work. Once an emergency situation has been stabilized, town council approval is required for landslide repair or slope stabilization for a predevelopment average slope steeper than twenty-five (25) percent (four horizontal to one vertical);

D. Construction of water wells when a valid permit has been obtained from the county health department;

E. Maintenance of existing fire trails, or access roads to public utility gas and electric transmission lines provided the drainage pattern remains the same;

F. Grading conducted by an agency of the federal, state or county government that is otherwise statutorily exempt from local ordinances, regulations and standards.

G. Utility trenches with an encroachment permit from the town of Moraga;

H. An excavation below finished grade for basements and footings of a building, retaining wall, swimming pool, or other structure authorized by a valid building permit;

I. When approved by the town engineer, grading in an isolated, self-contained area if there is no danger to private or public property.

Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter or any other laws or ordinances of this jurisdiction.

(Ord. 210 (part), 2006)

Except as otherwise permitted by the provisions of this chapter, grading is prohibited as follows:

A. Where dirt, soil, rock, debris, or other material that if washed, eroded, or moved from the property by natural or artificial means would create a public hazard, or an unlawful encroachment on other property, watercourse, or on a public road or street, easement or right-of-way;

B. During the wet season (October 15 through April 15), except that the town may approve wet season grading if all of the following conditions are met:

1. Applicant has an erosion control plan approved by the town,

2. A letter from the project geotechnical engineer or certified engineering geologist stating that such grading is acceptable and will not create a hazard to life, limb, property and public welfare,

3. Wet weather best management practices (BMPs) for grading operations in conformance with approved plans and SWPPP have been placed and approved by the town and installed and are kept continuously in place,

4. Security acceptable to the town has been provided;

C. On weekends and town of Moraga holidays and outside the hours of eight a.m. to five p.m. Monday through Friday except where required to abate an emergency situation as specified in Section 14.04.032(C) of this chapter;

D. No grading shall occur on predevelopment average slopes steeper than twenty-five (25) percent (four horizontal to one vertical) unless grading is required for landslide repair, slope stabilization or other emergencies, and at the specific direction of the town council;

E. Blasting or other use of explosives shall not be permitted.

(Ord. 210 (part), 2006)

A. To obtain a permit, the applicant shall file a written application on the appropriate application form provided by the town and submit all documents required by the planning department. Every application shall conform to the requirements set forth in this chapter. The permit shall be issued only to the owner or his or her authorized agent.

B. An encroachment permit is required for grading within a public right-of-way, or within an easement under the jurisdiction of the town.

C. A hauling permit is required for the movement of five hundred (500) cubic yards or more on public streets in accordance with Resolution XX-2023. The town engineer, or their designee, shall review and consider all applications, and the permit shall be issued only to the owner or his or her authorized agent if the application conforms with Resolution XX-2023 and any applicable laws.

D. Grading within an area designated as a "special flood hazard area" as defined in Section 8.108.040 of this Code must comply with the provisions of Chapter 8.108 of this Code.

(Ord. 210 (part), 2006)

(Ord. No. 312, § 2, 12-13-2023)