Mountain House Municipal Code Ch. 2 Grading and Excavation Requirements

The intent of this Chapter is to regulate grading and excavations related to development projects.

(Ord. 2024-18, § 1(Exh. A), 2024)

Except for the specific exemptions listed hereinafter, no person shall do, or permit to be done, any grading or excavation without a valid grading permit obtained from the Building Inspection Division.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following grading may be done without obtaining a grading permit as required by this Title. Exemption from the requirement of a grading permit shall not be deemed to be permission to violate any provision of this Title.

(a) Minor projects which have cuts or fills, and which meet all of the following:

(1) Involve the removal, plowing under, or burial of less than ten thousand (10,000) square feet of vegetation on slopes eight percent (8%) or greater, or any amount of vegetation on slopes less than eight percent (8%);

(2) Do not create unstable or erodible slopes;

(3) Do not encroach onto sewage disposal systems or areas;

(4) The cut is either:

(A) Less than two (2) feet in depth, or

(B) The cut does not create a slope greater than five (5) feet in height and steeper than one and one-half (1½) horizontal to one (1) vertical.

(5) The fill is either:

(A) Less than one (1) foot in depth and placed on natural terrain with a slope flatter than five (5) horizontal to one (1) vertical, or

(B) Less than three (3) feet in depth, not intended to support structures, which does not exceed fifty (50) cubic yards on any one (1) lot and does not obstruct a drainage course.

(b) Excavations in connection with a swimming pool or structural foundation authorized by a valid building permit.

(c) Trenching and grading incidental to the construction or installation of permitted underground pipe lines, underground storage tanks, septic tank disposal fields, conduits, electrical or communication facilities, and drilling or excavation for permitted wells or post holes.

(d) Excavations less than one hundred fifty (150) cubic yards for soil or geological investigations by a Geotechnical Engineer or Engineering Geologist.

(e) Grading in accordance with the plan incorporated in an approved Agricultural Excavation Permit per Section 9-8-1801, or an approved Use Permit for a sanitary landfill per Section 9-8-1001, Use Permits.

(f) Excavations for drainage or sedimentation ponds that are included as portions of other ministerial or discretionary development projects under the provisions of this Title.

(g) Grading or excavations within County rights-of-way or easements for which an encroachment permit has been issued under provisions of Section 9-11-402.

(h) Maintenance of existing firebreaks and roads to keep the firebreak or road substantially in its original condition. Routine cemetery excavations and fills.

(i) Performance of emergency work necessary to protect life or property when an urgent necessity arises. The person performing such emergency work shall notify the Building Official promptly of the problem and work required and shall apply for a permit within ten (10) calendar days after commencing said work.

(j) Other exceptions as provided in appendix Chapter 70 of the Uniform Building Code.

(Ord. 2024-18, § 1(Exh. A), 2024)

Except as modified by this Chapter, Chapter 70 of the Uniform Building Code as adopted by reference by the City Council shall govern grading and excavation operations with the following exceptions:

(a) Sites developed adjacent to undeveloped property shall establish perimeter grades no lower than the adjacent land, and no more than one (1) foot higher, unless accommodated within a landscaped area. Slopes within these areas shall not exceed three to one (3:1) horizontal to vertical.

(b) Perimeter grades adjacent to developed properties shall match the adjacent grade, plus or minus one-half (½) foot, unless occurring within a landscaped area.

(c) Residential lots shall be graded so that the finished floor elevation is at least twelve (12) inches above the street curb.

(d) Grading associated with arterial streets shall comply with the following standards:

(1) Curb grades shall be established six (6) to twelve (12) inches below the finished grade at the right-of-way line;

(2) Roadway median strips shall be graded with a crown height six (6) to twelve (12) inches above the curb, for a typical fourteen (14) foot wide median.

(Ord. 2024-18, § 1(Exh. A), 2024)

Except as specifically provided for by one of the following, no person shall do, or permit to be done, any grading in such a manner that any quantities of dirt, soil, rock, gravel, or sand is removed from the site:

(a) Removal when done with an approved surface mining Quarry Excavation Permit per Section 9-854, Quarry Excavation Permits.

(b) Removal when done with an approved Agricultural Excavation Permit per Section 9-851, Agricultural Permits.

(c) Removal when done with an approved Use Permit for a sanitary landfill per Section 9-821, Use Permits.

(d) Removal of material related to situations listed under Section 9-14-203, Exemptions.

(e) Removal from a development project of incidental excess material during site grading that is done with an approved grading or building permit.

(f) Removal, by governmental agency, of material donated to the governmental agency for use in governmental projects; material must have been previously stockpiled for a minimum period of eighteen (18) months. Removal shall be subject to Site Approval.

(g) Grading done by or under the supervision or construction control of a public agency of an excavation within that agency's boundaries. The agency shall assume full responsibility for ensuring that the work is done in compliance with this Title, the San Joaquin Valley Unified Air Pollution Control District's Regulation VIII (Fugitive Dust Prohibitions), and the Surface Mining and Reclamation Act. Excess soil material must be used solely for projects owned or controlled by the public agency and which are within the agency's boundary and within the City of Mountain House.

(Ord. 2024-18, § 1(Exh. A), 2024)

No person shall do or permit to be done any grading which may obstruct, impede, or interfere with the natural flow of stormwaters, whether such waters are unconfined upon the surface of the land or confined within land depressions or natural drainage ways, unimproved channels or watercourses, or improved ditches, channels, or conduits, in such manner as to cause flooding where it would not otherwise occur, aggravate any existing flooding condition, or cause accelerated erosion except where said grading is in accordance with all applicable laws, including, but not limited to, these permit requirements.

(Ord. 2024-18, § 1(Exh. A), 2024)

No person shall excavate or remove any material from or otherwise alter any levee required for any waterway, water body, or local drainage control without prior approval of the agency responsible for the maintenance of the levee.

(Ord. 2024-18, § 1(Exh. A), 2024)

This Chapter shall be administered by the Director. In subdivisions, the grading plans shall be approved by the Department of Public Works. The rough and finish grading of the lots will be inspected by the Department of Public Works. For development projects that require a discretionary permit, the grading permit will not be issued until the discretionary permit is approved.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following grading requirements shall be applicable to grading operations along the watercourses and watercourse types identified below:

(a) Old River.

(1) Prior to any grading operations adjacent to Old River, all habitats to be either preserved or salvaged shall be delineated by an ecologist and staked with easily observable flagging.

(2) Grading operations shall be conducted so that soil does not spill into Old River.

(b) Marshes and Wetlands.

(1) Grading operations shall be conducted so that soil does not spill into existing marshes, fill existing wetlands, restrict flooding of the habitat or reduce water quality.

(2) During grading, a berm may be left between the existing marsh and the construction area. Said berm shall be removed in the last stages of construction. Alternatively, the overburden may be removed from the wetland edge backwards towards the uplands to create the marsh.

(Ord. 2024-18, § 1(Exh. A), 2024)