5-22 - Reserved. — Novato Planning Code

5-23 - Grading.

5-23.002 Requirement. Grading shall not be excessive, create or result in extreme unnatural appearing surface planes, destroy or materially alter significant and/or desirable natural physical features of the community, nor create unsafe or environmentally unsound conditions.

(Ord. No. 750, § 9.23.002)

5-23.004 Affected Permit or Approval Processes.

a.

Subdivision requiring final map

b.

Subdivision requiring parcel map

c.

Precise development plan

d.

Use permit

e.

Plan review

f.

Building permit

g.

Grading permit

h.

Encroachment permit

i.

Variance

(Ord. No. 750, § 9.23.004; Ord. No. 948, § 37)

5-23.006 Purpose. To retain and where possible enhance the natural physical characteristics of the community to the highest degree possible while also recognizing community growth as projected by the Novato general plan.

(Ord. No. 750, § 9.23.006)

5-23.008 Standards.

a.

General. Grading, in addition to complying with the specific standards listed below, shall be held to the minimum necessary, to place the approved and required elements of a development, in a safe and functional manner.

b.

Specific.

Cut and Fill Slopes.

(a)

Cut slopes shall not be steeper than two horizontal to one vertical.

(b)

The steepness of fill slopes shall not be steeper than two horizontal to one vertical.

(c)

Cut or fill slopes which will be screened by proposed structures or existing vegetation shall not exceed a height of 16 feet.

(d)

Cut or fill slopes which run perpendicular to the street or basically along the depth of the lot shall not exceed a height of eight feet.

(e)

Cut or fill slopes along the front of a lot which slopes are basically parallel to the street shall not exceed a height of eight feet.

(f)

Cut or fill slopes which are to occur as a result of the construction of a street or driveway shall not exceed the greater of a height of eight feet or a height equal to 1/3 of the width of the graded area necessary to place the street, whichever is greater, to a maximum height of 16 feet.

(g)

Cut and fill slopes lying entirely beneath and enclosed by a structure for which a building permit is required may be steeper than 2:1. A recommendation from a soils engineer may be required by the city engineer for such slopes. All such slopes shall also be approved by the city engineer.

(h)

Exceptions to section 5-23.008 b1, paragraphs (a) and (b) shall be evaluated with respect to safety as recommended by a soils engineer, visibility and aesthetics of the cut or fill slope, potential for revegetation as recommended by a licensed landscape architect or other person qualified by education and experience to make such an evaluation, and other considerations.

2.

Retaining Walls. Retaining walls, not necessary as a structural element of a building, shall not exceed a height of eight feet.

3.

Lot Lines Related to Grading. Lot lines shall be drawn to provide building sites with a minimum of grading. Where a graded slope occurs between two lots, the slope itself, as well as an additional strip one foot wide, will normally be made a part of the lower lot.

4.

Contour Grading. Where the creation of cut and fill slopes is approved, they shall be rounded at the edges and contoured as necessary to blend with existing topography. Slope height shall be measured to the intersection of the slant of the slope with existing ground before rounding.

5.

Setbacks. The tops and toes of cut and fill slopes shall be set back from existing property boundaries as far as necessary for safety of the adjacent properties and to prevent damage resulting from water runoff or erosion of the slopes. The tops and toes of cut and fill slopes shall be set back from structures as necessary for adequate foundation support and to prevent damage as a result of water runoff or erosion of

the slopes. Unless otherwise recommended in the approved soil engineering and/or engineering geology report and shown on the approved grading plan, setbacks shall be no less than those specified in the grading ordinance.

The tops and toes of cut and fill slopes adjoining streets and driveways shall be set back as follows:

(a)

Streets.

(1)

Tops and toes of banks shall be at least two feet from sidewalks.

(2)

Tops of banks shall be at least four feet from back of curb or nearest street improvement. Toes of bank shall be at least two feet from back of curb or nearest street improvement. Retaining walls above street level shall be at least 2.5 feet from back of curb or nearest street improvement.

(b)

Driveways.

(1)

Tops of banks shall be at least two feet from curb or nearest driveway improvements.

(2)

Toes of banks shall be at least one foot from curb or nearest driveway improvements.

(c)

Street and driveway setbacks as specified above shall be increased to provide for future sidewalks, parking, safe sight distance, driveway approaches, and utility installation as required.

6.

Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage as recommended by the soil engineer. Where storm drain facilities function as subdrains, openings shall be provided in drainage structures as inlets for subsurface water.

7.

Erosion Control. The faces of cut and fill slopes shall be prepared and maintained to control erosion. This control may consist of effective planting. The protection for the slopes shall be installed as soon as practicable, and in sufficient time to allow planting to become established prior to start of rainy season and prior to calling for final approval. Where such planting is to be utilized for permanent landscaping, the plant mix shall conform to the requirements outlined in section 5-28 of the Novato Municipal Code. Where cut

slopes are not subject to erosion due to the erosion resistant character of the surface, the department of community development may waive such protection.

8.

Construction on Fill. No building or construction on filled land shall be commenced until satisfactory evidence has been submitted that the required elevation has been obtained and that the fill will provide a stable base for the construction proposed.

9.

Dust, Mud and Siltation Control. Grading activities shall be conducted so that dust, mud or siltation do not cause irritation or harm beyond the limits of the grading operation. Because the city has, on numerous occasions, had to respond to inadequately controlled dust, mud or siltation problems, the developer shall deposit, with the city, cash, in an amount specified in the grading permit, for use by the city in responding to mud, dust and siltation problems requiring immediate mitigation. After acceptance of the project, the unused portion of the deposit shall be returned to the developer.

10.

Maximum Level Graded Area. Where no other approvals have established the limits of grading, the limit of grading permitted under a building permit shall not exceed that amount necessary to place the structure and its required accessory elements (parking, driveways, etc.) and a level area, not exceeding 50 percent of the gross floor area of the building(s), to which the permit relates, may be allowed.

11.

Grading activities shall ensure that existing vegetation is adequately protected. To accomplish this:

(a)

Improvement plans shall indicate tree protection measures as outlined in this section and section 5-27 of the Novato Municipal Code.

(b)

Limits of grading shall be staked in the field prior to commencement of grading activities.

(c)

Construction equipment shall be prohibited from areas of the site beyond the limits of grading. Areas of natural vegetation shall be protected as necessary.

(d)

All trees to be saved within or adjacent to the designated area of grading shall be fenced at their drip lines prior to and during construction, except where alternative fencing or other protection is authorized by the department of community development.

(e)

No grading, storage of vehicles, equipment, topsoil or other materials shall be permitted within the drip lines of trees to be saved except where noted on the improvement plans or as authorized by the department of community development.

(Ord. No. 750, § 9.23.008; Ord. No. 948, §§ 38—43; Ord. No. 989, § 1)

5-24 - Reserved.

5-25 - Improvement Construction Standards.

5-25.002 Requirement. All "improvements", as defined by this chapter, shall be constructed so as to function for the purpose for which those improvements are intended and shall be free of defects in workmanship, materials and design.

(Ord. No. 750, § 9.25.002)

5-25.004 Affected Permit or Approval Process.

Subdivision requiring final map

Subdivision requiring parcel map

Certificate of compliance