Chapter VI — EXCAVATIONS AND FILLS — Novato Municipal Code

Sections:

6-1 - Intent and Purpose.

The purpose of this chapter is to establish minimum requirements for excavating, grading and filling on all private properties within the city in order that these properties and the properties adjacent thereto may be afforded reasonable protection against hazards of such activities, and to establish procedures by which these requirements are to be enforced. In adopting this chapter, the city council declares the regulations and standards established herein to be those reasonable regulations necessary for the protection of the public health, safety and general welfare.

(Ord. No. 187, §1.)

6-2 - Definitions.

As used in this chapter:

"Building Pad" shall mean a relatively flat site which is designated to be occupied by buildings and is prepared by artificial means, including grading, excavating, filling, or any combination thereof.

"City Engineer" shall mean the city engineer of the City of Novato.

"Developer" shall mean any person or corporation developing or contemplating the development of land within the city for any use whatsoever.

"Excavation" shall mean any act by which earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced or relocated, and shall include the conditions resulting therefrom.

"Fill" shall mean any act by which earth, sand, gravel, rock or any other similar material is deposited, placed, pushed, pulled or transported to a place other than the place from which it was excavated, of any material that has been loosened or disturbed from its natural state where it was deposited by evolution or geological processes.

"Grading" shall mean excavation or fill or any combination thereof and shall include the conditions resulting from any excavation or fill. In those cases where approval for additional development has been received from the City of Novato for a master plan, precise development plan, tentative map, design review, or use permit, grading shall also include any tree removals, work in streams or drainage channels, or earth plowing or stripping prior to approval of a final map or parcel map or building permit.

"Vertical Height" shall mean the vertical distance between the toe of a slope and a line level with the top of that slope.

"Grading Plan" shall mean a plan or map showing the property boundaries, existing contours and proposed final grades resulting from grading operations.

"Soils Engineer" shall mean a civil engineer, registered in the State of California, with a specialty and experience in the analysis of soils.

"Engineer" shall mean a civil engineer, registered in the State of California, experienced in the field of land development, grading and drainage, retained by the owner, developer or contractor to provide engineering services.

"Contractor" shall mean any person properly licensed by the State of California to perform work as described in this chapter.

(Ord. No. 187, § 2; Ord. No. 1212, § 1; Ord. No. 1232, § 1)

6-3 - Procedures and Responsibility.

It shall be the responsibility of the developer, engineer, contractor or owner to obtain and pay for the services of an engineer and soils engineer.

Whenever the terms "written report", "written certification", "approved in writing", "specified in writing", "confirm in writing", etc. are used in this chapter, it shall be required that the soils engineer prepare such written documentation and that a copy, signed by the soils engineer, of this documentation be forwarded immediately upon completion to:

The developer.

The engineer.

The city engineer, subsequently to be a matter of permanent record on file with the department of community development of the city.

Any other agencies as might be required by city, county, State or Federal law.

(Ord. No. 187, § 3; Ord. No. 989, § 1)

6-4 - Permit Required.

A permit from the city engineer is hereby required, except as set forth in section 6-5 of this chapter, before the commencement of any physical work defined as excavation, fill, or grading in section 6-2 above. Any permit

issued hereunder shall be valid for the period specified but shall not exceed one year. Unless the earth movement is commenced within the time specified on the permit, the permit shall expire; and if such earth movement after being started, shall cease for a period of 90 days, said permit shall expire. Permits may be renewed by the city engineer.

(Ord. No. 187, § 4; Ord. No. 1212, § 2)

6-5 - Exceptions.

The following are specifically excepted from the provisions of this section:

An excavation below finished grade for a basement or footing for a building, or a swimming pool, or other structures authorized by a valid building permit which has been issued by the city, but this exception shall not affect the applicability of any provisions hereof to any fill made with the material of such excavation.

An excavation which:

Is less than two feet in depth, or

Which does not create a cut slope greater than five feet in height and steeper than one and one-half horizontal to one vertical.

A fill which does not exceed 50 cubic yards on any one lot that does not modify drainage patterns, is stable and nonhazardous, is not located within a stream protection zone as defined in Municipal Code division 19.35 and/or wetland buffers as defined in Municipal Code division 19.36, and is not intended to support structures. Fills greater than 50 cubic yards but less than 200 cubic yards on any one lot that do not modify drainage patterns and are not located within a stream protection zone and/or wetland buffers may be exempted from some or all of the provisions of this section at the discretion of the city engineer.

Any reclamation or rubbish disposal site operated by the city.

Any work done in city streets where a permit has been granted under any city ordinance.

Any work necessary to protect the public health, safety and welfare in the event of emergency or disaster.

Excavation or filling of graves within a property duly designated for cemetery purposes as required by law.

Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or clay for commercial purposes in areas and zones where established and provided for by law provided that such operations do not affect the lateral support or unduly increase the stresses in or pressure upon any adjacent or contiguous property.

Notwithstanding the exceptions mentioned above, prior to approval of a final map or parcel map or building permit a grading permit is required before any tree removal, work in streams or drainage channels, or earth plowing or stripping on any portion of property where a master plan, precise development plan, tentative map, design review, or use permit for additional development has been approved by the City of Novato.

(Ord. No. 1837, § 5; Ord. No. 1212 § 3; Ord. No. 1232, § 2)

(Ord. No. 1695, § 5(Exh. A), 12-6-2022)

6-6 - Filing of Plans for Proposed Earth Movement.

With application for permit and prior to commencement of work thee shall be submitted:

A finished grading plan prepared by the engineer and reviewed by the soils engineer showing the present contours extended a reasonable distance beyond the perimeter of the land, existing structures and facilities, and the proposed final grades. The proposed final grades shall indicate clearly cuts, fills and slopes. The estimated volumes of cut and/or fill shall also be stated on the plan. Estimated cost of doing the work and estimated dates for starting and completing the work shall be stated.

A written report shall be submitted by the soils engineer. The report shall indicate the type of soil, the unit foundation bearing values for the proposed construction at final grade, and shall include all pertinent data and his opinion as to the slopes which may be safely constructed.

Details of drainage structures, walls, cribbing, surface protection and landscaping that will be constructed or installed on the site.

The name, address, business phone number and after hours phone numbers of the developer and contractor or their authorized agent shall be placed on file with the public works department of the city.

(Ord. No. 187, § 7)

6-7 - Compaction of Fills.

The soils engineer shall control the compaction of all fills and shall certify that the completed fill meets the compaction requirements of this chapter.

(Ord. No. 187, § 7)

6-8 - Construction of Controlled Fills.

As supervised by the soils engineer, the construction of controlled fills shall be in accordance with the standard specifications of the City of Novato. For specific projects, it may be necessary to make adjustments predicated upon the analysis of the material proposed to be used for the fill and other conditions pertaining to the project, and such adjustments may be made upon written recommendation of the soils engineer and written approval of the city engineer.

(Ord. No. 187, § 8)

6-9 - Supervision.

Sufficient time shall be spent by the soils engineer on the site each day that fills are placed or other pertinent work is accomplished to permit the soils engineer to certify to the proper compaction of all fills and to the adherence with all other requirements of the chapter for which he certifies.

(Ord. No. 187, § 9)

6-10 - Proper Execution of Work.

It shall be incumbent upon the permittee to plan and execute the work so as to cause the least inconvenience to the general public and abutting property owners. The permittee shall, at his own expense, preserve and protect any adjoining private and public property and facilities likely to be damaged during the process of the work. The permittee shall provide all necessary work and facilities including debris and silting basins, dikes and diversion channels to protect adjoining public and private property and facilities from damages due to drainage or debris due to the work.

No fill material shall be placed, spread or rolled during unfavorable weather conditions. 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 are satisfactory for resumption of the filling operation.

(Ord. No. 187, § 10)

6-11 - Relationship of Buildings to Cut and Fill Slopes.

Buildings or structures shall be located clear of the toe or top of cut or fill slopes according to the following:

A minimum of five feet provided the slope does not exceed ten feet in height.

One-half the vertical height of slope for slopes between ten and 20 feet in height with a maximum of ten feet.

The provisions of paragraph "a" may be waived upon acceptance by the city engineer of a report by the soils engineer stating that the distances specified can be safely reduced without endangering health, safety or property.

(Ord. No. 187, § 11)

6-12 - Planting.

The face of all cut and fill slopes shall be planted in accordance with a plan approved by the city engineer and maintained with a ground cover to protect the slopes against erosion as soon as practical and prior to the final approval of the grading. Where cut slopes are not subject to erosion due to their rock character, this requirement may be waived by the city engineer. An irrigation system or watering facilities may be required by the city engineer.

(Ord. No. 187, § 12)

6-13 - Responsibility of Permittee.

Building and grading permits shall be presumed to incorporate the proviso that the applicant, his agent, employees, or contractors shall carry out the proposed work in accordance with the approved plans and with all requirements of the chapter and any other laws or regulations applicable thereto, whether specified or not. No approval shall relieve or exonerate any person from the responsibility of complying with the provisions and intent of this chapter.

(Ord. No. 187, § 13)

6-14 - Conditions.

In granting a permit hereunder, the city engineer shall impose such conditions thereon as are reasonably necessary to prevent the proposed operations from being conducted in such a manner as to constitute or create a nuisance or hazard to life or property. Such conditions shall include:

Designation of a reasonable time limit for the commencement and completion of grading work.

Limitations upon the hours of the day, days of the week and seasons of the year for conducting grading operations.

The designations of routes on city streets along which earth, sand, gravel or similar materials shall be transported when the permit is for more than 500 cubic yards.

Restrictions as to size and type of equipment to be used for hauling material on an improved city street for permits of more than 500 cubic yards.

Conditions relating to protection of resources and proper conduct of operations associated with tree removal, work in streams or drainage channels or earth plowing or stripping.

(Ord. No. 187, § 14; Ord. No. 1212, § 4; Ord. No. 1232, § 3)

6-15 - Bonds.

Bond Required. A permit shall not be issued for more than 200 cubic yards of material unless the permittee shall first post with the city engineer a bond executed by the owner and a corporate surety authorized to do business in this state as a surety in an amount sufficient to cover the cost of the project including corrective work necessary to remove and eliminate all hazards and to correct any deficiencies in the work.

The bond shall also include penalty provisions on a form approved by the city attorney for failure to complete the work on schedule or for doing unauthorized work.

In lieu of a surety bond, the applicant may file a cash bond with the city engineer in an amount equal to that which would be required in the surety bond.

Conditions. Every bond shall include the conditions that the permittee shall:

Comply with all of the provisions of the applicable laws and ordinances;

Comply with all terms and conditions of the permit for excavation or fill to the satisfaction of the city engineer;

Complete all of the 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 upon the bond.)

Failure to Complete Work. The term of each bond shall begin upon the date of filing and shall remain in effect until the completion of the work to the satisfaction of the city engineer. In the event of failure to complete the work and failure to comply with all of the conditions and terms of the permit, the city engineer may order the work required by the permit to be completed to his satisfaction. The surety executing such bond or deposit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the governing agency in causing any and all such required work to be done. In the case of a cash deposit, the deposit or any unused portion thereof shall be refunded to the permittee.

d to his satisfaction. The surety executing such bond or deposit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the governing agency in causing any and all such required work to be done. In the case of a cash deposit, the deposit or any unused portion thereof shall be refunded to the permittee.

(Ord. No. 187, § 15; Ord. No. 1212, § 5)

6-16 - Fees.

The schedule of fees will be those recommended by the director and established and adopted by the city council from time to time by resolution. Before a permit is issued the applicant shall deposit with the city cash or check in a sufficient sum to cover the fee for issuance or the permit, charges for field investigation and the fee for necessary inspection, all in accordance with schedule established and adopted by the city council. Where work for which a permit is required (by this chapter) is started or proceeded with prior to obtaining said permit, the fee above specified shall be doubled.

Public utilities and public agencies may, at the director's option, make payment for the above charges as billed by the city instead of making the advance deposit as required above.

(Ord. No. 187, § 16)

6-17 - Inspections on Excavations and Fills.

Inspection on excavations and fills will be performed by the soils engineer.

(Ord. No. 187, § 17)

6-18 - Acceptance at Work.

Prior to acceptance of the work by the city engineer, the following shall be completed:

The city engineer will review the soils engineer's final report, and upon evidence that all requirements of this chapter have been satisfactorily complied with, shall so notify the building inspection division and issue a letter to the permittee.

The engineer shall certify to the city that the grading has been accomplished in accordance with the finished grading plan or any deviations therefrom.

The engineer shall submit a final grading map showing thereon location of controlled compacted filled ground, original and final contour lines or finished grade elevations and location of all drainage structures and facilities.

(Ord. No. 187, § 18)

6-19 - Maintenance of Protective Devices.

The owner of any property on which an excavation or fill has been made pursuant to the provisions of this chapter or any other person or agent in possession or control of such property, shall maintain all slopes, retaining walls, cribbing, drainage structures, and other necessary protective devices.

(Ord. No. 187, § 19)

6-20 - Existing Excavations and Fills.

Whenever the city engineer determines by inspection that any existing excavation or fill from any cause has become a menace to life or limb, or endangers property, blocks or restricts a natural watercourse or affects the safety, usability, or stability of a public way, the owner of the property upon which such excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the city engineer so to do, shall within 90 days from the date of such written notice, repair or reconstruct such excavation or fill so that it will conform to the requirements set forth in sections 6-9 and 6-40 of this chapter, or otherwise repair, reconstruct, strengthen or eliminate such excavation or fill in a manner satisfactory to the city engineer so that it will no longer constitute a menace or danger as aforesaid. A shorter period of time may be specified if an imminent and immediate hazard is found to exist. Service of notice shall be by personal service upon the owner, as shown by the last assessment roll if he shall be found within the city limits. If he is not found within the city limits, service may be made upon the owner by registered mail or by personal service on the person occupying or controlling the property, if any. Within ten days from the date of mailing the notice, any aggrieved person may appeal to the city council from the requirements of such notice. Such appeal shall be in writing and shall be filed with the city clerk. At the next regular meeting of the city council, it shall hear and determine said appeal, and the decision of the city council shall be final. Notice of the city council's decision shall be given to the appellant in writing.

If the owner or person in charge or control shall fail, neglect or refuse to comply with the notice to repair or reconstruct, the city engineer may cause the unsafe fill or excavation to be repaired, reconstructed or filled to eliminate any unsafe condition either by the use of city employees or by contract with third persons. The city engineer shall submit an itemized report of costs so incurred to the city council. The city clerk shall cause a copy of the report, together with notice of the date and time of hearing protests thereto, to be served on the property owner or person in charge and control in the same manner as provided in the original notice to correct. The city council shall either approve or modify the report of costs and shall adopt a resolution assessing the amount approved as a lien upon the real property on which the condition existed. Assessments shall be collectible in the same manner as general taxes and subject to the same penalties and forfeitures.

(Ord. No. 187, § 20)

6-21 - Owner Not Relieved of Responsibility.

Compliance with the requirements and conditions of this chapter shall not be construed to relieve the owner of real property of any legal duties, obligations or liabilities incident to the ownership of the property while the work of grading, excavating or filling is in progress, or after the completion thereof.

(Ord. No. 187, § 21)

6-22 - Appeal.

Any applicant under this chapter who may be dissatisfied with the action of the city engineer on his application may, within five days after notification of such action, file an appeal with the city council by written notice to the city clerk and within such period the council may, on its own motion, direct that the city engineer's action be referred to it for review. The city council after considering the action of the city engineer and hearing the appeal or referral shall approve, modify, or overrule said action. The decision of the city council shall be final.

(Ord. No. 187, § 22; Ord. No. 989, § 1)

6-23 - Violations and Penalties.

Any persons, firm, or corporation, whether as principal, agent, employee, or otherwise, who violates any of the provisions of this chapter shall be deemed guilty of an infraction and upon conviction shall be punished as specified in subsection 1-5.1.

(Ord. No. 187, § 24; Ord. No. 1056, § IV)

6-24 - Enforcement.

The following designated employee positions may enforce the provisions of this chapter by the arrest or by the issuance of citations. Persons employed in such positions and authorized to exercise the authority provided in Penal Code Section 836.5 are authorized to issue citations with the approval of the community development director for any violations of the provisions of this chapter. The designated employee positions are:

Community development director; or

The designee of the community development director.

It shall be the duty of the chief of police of the city to render any and all necessary assistance to the community development director for the enforcement of the provisions of this chapter.

(Ord. No. 1056, § V)