Chapter 18B — GRADING, EXCAVATIONS, AND FILLS

Section 1801B—Definitions.

The following words and phrases, wherever used in this Chapter, shall be construed as defined in this Section unless otherwise required by the context. The singular shall be taken to mean the plural, and the plural shall mean the singular when required by the context of this Chapter.

APPLICANT is the property owner and his authorized agents who apply for a Grading Permit pursuant to this Chapter.

BENCH is a relatively level surface interrupting the slope of an excavation or embankment in sloping natural ground or cut or fill surfaces.

BUILDING OFFICIAL is the Deputy Director, Planning and Building Department, and his or her successor in title, or his or her designated representative.

BUILDING PERMIT is a currently valid building permit issued by the City of Oakland.

CITY is the City of Oakland.

CITY COUNCIL is the City Council of the City of Oakland.

CITY ENGINEER is the Deputy Director, Public Works Department, and his or her successor in title.

CITY ADMINISTRATOR is the City Administrator of the City of Oakland.

CIVIL ENGINEER is an engineer currently possessing an active license issued by the State of California for the practice of civil engineering.

CIVIL ENGINEER IN RESPONSIBLE CHARGE is that particular civil engineer whose signature appears on the initial Statement of the Engineer as submitted to the City with an application for a Grading Permit.

CLEARING & GRUBBING is site preparation for grading or construction by mechanical or manual means consisting primarily of, but not limited to, the removal of vegetation.

COMPACTION is the densification of fill by mechanical means.

CUT SLOPE is a finished or interim surface of graded material caused by the removal of existing soils which exist naturally or as the result of previous filling, dumping or other method of placement.

DIRECTOR OF CITY PLANNING is the Deputy Director, Planning and Building Department, and his or her successor in title.

ELEVATION is the vertical distance above or below City of Oakland datum plane 0.00.

EROSION is the wearing away of ground surface due to natural action of the elements.

EXCAVATION is cutting, digging or moving of earth, rock or similar materials and includes the conditions resulting therefrom.

EXPANSIVE SOIL is those soils which are likely to cause damage to improvements such as streets, structures and buildings from their natural actions depending on water content.

FILL is the depositing or placing of earth, rock or similar materials, from the same or different site, and includes the conditions resulting therefrom.

GRADING is excavation or filling, or any combination thereof, and shall include the conditions resulting from any excavating or filling.

GRADING PERMIT is a currently valid grading permit issued by the City of Oakland.

HOLIDAY is New Year's Day, Martin Luther King Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the day after Thanksgiving, and Christmas Day.

LAND DISTURBANCE is any moving or removing of the soil mantle or top six inches of soil, whichever is shallower, by manual or mechanical means whether or not that soil is removed from the site, when the disturbed site area is greater than ten thousand (10,000) square feet measured horizontally, for all purposes except gardening or agriculture.

LAND STABILITY PROBLEM AREA is any site where there is information available that indicates special consideration should be undertaken due to purported land stability problems, including contaminated soils, on or in the vicinity of the site.

NATURAL PLANTING is the planting of varieties of plants which will survive under the natural conditions of graded areas without regular irrigation and maintenance after establishment.

PERMANENT EXCAVATION OR FILL is excavation or fill created other than as defined herein as "Temporary" excavation or fill.

PERSON includes an individual, business and any other legally constituted entity such as, but not limited to, a limited partnership, limited liability company, and a corporation.

PLANS are maps, sketches, profiles, construction drawings and specifications, or any combination thereof as required to adequately describe the work, all as prepared by a Civil Engineer, all in accordance with this Article. Plans shall also include grading plans, drainage plans, erosion control plans and sedimentation control plans.

PROTECTED TREES shall be as defined in Chapter 12.36 of the Oakland Municipal Code.

SEDIMENT is earth material deposited by water.

SOILS REPORT is a report prepared by a Civil Engineer which shall include, but is not limited to, field test results and observations regarding the nature, distribution and strength of existing soils and recommendations and conclusions for grading procedures and design(s) for corrective action if necessary (including specifications for doing the work).

SITE is all that contiguous parcel of land where grading is required to be accomplished under a permit.

SLOPE is an inclined ground surface, the inclinations or rate of slope of which is expressed as a ratio of horizontal distance to vertical distance, or as a percentage using a ratio of vertical distance to horizontal distance.

SUPERINTENDENT is the owner or that particular agent of the owner, who is fully responsible for the performance of the work required by this Chapter.

TEMPORARY EXCAVATION OR FILL is an excavation or fill created as a temporary condition to accommodate construction of a structure authorized by a valid building permit, and which will not remain after completion of the work.

WATERCOURSE is a stream, stream bed, creek, canal, paved ditch, lake or other open drainage way as also defined in Chapter 9.16, Watercourses, of the Oakland Municipal Code.

WET (OR RAINY) SEASON is October 15th until April 15th inclusive.

Section 18028.1 Permit—When Required.

No person shall do or cause any grading in private or public property without first having obtained a permit to do so from the City Engineer or Building Official whenever such grading will result in any of the following:

The volume of excavation or fill will exceed fifty (50) cubic yards provided either:

a.

the existing or the resulting rate of slope will exceed 20%, at any point within the site; or

b.

the vertical distance between the top and bottom of excavation or fill will exceed five feet at any location.

Any permanently unretained excavation or fill exceeding five cubic yards where the vertical distance between the top and bottom of the excavation or fill exceeds five feet at any location, disregarding benches; and the rate of slope of the surface exceeds 2 to 1 (2:1) for fill or 1.5 to 1 (1.5:1) for excavation, regardless of findings in the Soils Report.

An excavation or fill exceeding five cubic yards within fifteen (15) horizontal feet of any property line if the bottom of such excavation is below a line descending at a rate of slope of 2 to 1 from the existing ground surface at such property line, or if the top of such fill is above a line ascending at a rate of two to one from such property line, regardless of the findings in the Soils Report.

Grading in connection with a building, swimming pool, retaining wall or other structure where the vertical distance between top and bottom of the unretained slope will exceed five feet at any point, disregarding benches, when the cut slope exceeds 1.5 to 1 or the fill slope exceeds 2 to 1.

Any retained or unretained excavation or fill of any volume and height where the City has information of purported land stability problems on or in the vicinity of the site (i.e., "Land Stability Problem Area").

Any "Land Disturbance" where the rate of slope of the ground surface exceeds 20%. Grading of an emergency nature to safeguard life or property may be undertaken prior to the issuance of a Grading Permit.

If a grading permit is not otherwise required, the necessity for a grading permit involving ground slopes 20% or less and greater than 10%, where a Grading Permit would be required if the ground slope were greater than 20%, will be determined, for cause, by the City Engineer, Building Official, or their duly authorized representative.

The volume of excavation and fill combined will exceed five hundred (500) cubic yards on a parcel or contiguous parcels.

Grading, clearing or grubbing, or land disturbance activity that otherwise does not require a grading permit involves an area of one acre or more.

A separate permit shall be required for each non-contiguous site. One permit may cover both an excavation and a fill on the same site.

Section 18028.2 Permit—When Not Required.

Provided Item 8 of Section 1802B.1 is not applicable, no permit shall be required pursuant to this Chapter for any of the following:

Temporary excavations in a public street or public right-of-way for which a permit has been issued under Title 12 of the Oakland Municipal Code.

Any public agency which has a reciprocity agreement with the City of Oakland pursuant to work under this Chapter.

An excavation below finished grade for a basement, footing, retaining wall, swimming pool or other structure authorized by a valid building or foundation permit, which excavation will be completely occupied by and retained by the structure, provided such excavation is conducted in accordance with the laws of the

State of California relating to lateral support when the existing and finished ground slope will not exceed 10%.

A fill above existing grade, which fill will be retained by the exterior wall of a building, a retaining wall, swimming pool or other structure authorized by a valid Building Permit when the existing and finished ground slope will not exceed 10%.

Grading within a street to conform to elevations established by the City Engineer and for which a permit has been issued under the provision of Title 12 of the Oakland Municipal Code.

For test trenches, pits and borings done under the supervision of a Civil Engineer or Registered Geologist or Certified Engineering Geologist in accordance with the applicable regulations of the City of Oakland and the State of California.

Individual cemetery burial plot.

Water wells.

For work to be done under the Surface Mining and Quarrying Ordinance of the Oakland Municipal Code.

Gardening and agriculture.

Section 18028.3 Permit—Items to Include in Application.

The application for a Grading Permit must include all of the following items in triplicate:

Application Form.

Vicinity Map, Site Map and Grading Plan.

Erosion and Sedimentation Control Plan, where required by the Building Official.

Statement(s) of the Civil Engineer(s) in Responsible Charge.

Soils Report.

A landscape addendum to the erosion and sediment control plans by a licensed landscape architect when required by the Director of City Planning.

Proposed work schedule.

Deposit for review of the application in accordance with the current Master Fee Schedule.

Itemized estimate of cost of work by a Civil Engineer.

Such other items as may be required by the City Engineer, Building Official, or their duly authorized representative to aid in the understanding and review of the proposed grading work.

Proposed Dust Control Measures.

Section 18028.4 Permit—Application Form.

The following information is required on the application form:

A description of the property in sufficient detail to permit its identification and general location.

The name(s) and address(es) and phone number(s) of the owner or owners of the property.

The reason for the grading.

Whether the grading is for the purpose of preparing the site for a subdivision under the provisions of the California Subdivision Map Act and Title 16 of the Oakland Municipal Code.

The name, address, telephone number and contractor's license number of the person or firm who will be doing the grading.

The names, addresses, and registration numbers of the Civil Engineer(s) in Responsible Charge who will direct the work, who prepared the grading plans and who will provide the testing and inspection of the work.

The amount in cubic yards of the proposed excavation and fill and the amount of the cumulative total of grading work.

The equipment and methods to be used in the work.

Whether any material will be hauled from or imported onto the site over public streets, and if so, the site from which or to which said material will be moved and the routes to be used.

The approximate starting and completion dates of the work to be covered by the Grading Permit.

An estimate of total cost of all work covered by the application.

Whether the grading is located within the Special Studies Zone, Seismic Hazard Zone, Flood Hazard Area, watercourse, or Land Stability Problem Area or a site containing expansive soils.

The signature of the owner or his authorized agent and the date of the application.

Section 18028.5 Permit Application—Vicinity Map.

The vicinity map shall show the project site in relationship to the surrounding area's watercourses, water bodies and other significant geographic features, roads and other significant structures.

Section 18028.6 Permit Application—Site Map Anti Grading Plan.

The site map and grading plan shall be prepared by a Civil Engineer, are subject to approval of the Building Official, and shall include all of the following:

A topographic and boundary survey of the site, as provided in Section 15.04.2.225 of this Code, for all sites to be graded containing up to and including five acres. Sites containing more than five acres shall have contours at intervals and a minimum scale subject to the approval of the Building Official. Enough off-site contours shall be included to show how surface runoff of storm water will flow on to and off the site.

Proposed limits of cuts and fills, both temporary and permanent, and other earthwork clearly designated.

Proposed retaining structures.

Drainage Plan: to include existing, temporary, and final drainage facilities which shall be coordinated with erosion and sediment control plans. Supporting hydrology and hydraulic calculations for on-site and downstream systems shall be submitted when required.

Existing and proposed improvements to the site.

Existing off-site structures within fifteen feet of the site boundary and other off-site improvements which may be affected by the grading work.

Public and private easements of record.

A Soils Report, as hereinbefore defined, prepared by a registered design professional.

Typical sections of areas to be graded and profiles of all proposed traveled ways for vehicles and pedestrians.

Measures to be taken to protect against potential hazards arising during the progress of the grading work.

If the site is in the Special Studies Zone, the plan shall show any purported fault trace which may or does cross or affect the site to be graded.

All proposed corrective actions to be taken to alleviate existing site conditions detrimental to the improvements proposed including expansive soils, land stability problems, and seismic liquefaction and landslide.

The location of the base and diameter at breast height of all protected trees, and indication as to which protected trees, if any, may be subject to removal or damage during construction per Chapter 12.36 of the Oakland Municipal Code.

Any such additional items as required by the City Engineer or Building Official to clarify or provide additional information which may be necessary to allow a complete review of the proposed work.

Section 18028.7 Permit Application—Erosion and Sedimentation Control Plans.

Erosion Control and Sedimentation Control Plans shall be prepared by a Civil Engineer, are subject to approval of the City Building Official Engineer, and shall include all of the following:

Interim Measures.

The plans shall include interim erosion and sedimentation control measures to be taken during wet seasons until permanent erosion and sedimentation control measures can adequately minimize erosion, excessive storm water runoff and sedimentation measures.

The plans shall include all necessary measures to be taken to prevent excessive storm water runoff or carrying by storm water runoff of solid materials on to lands of adjacent property owners, public streets, or to watercourses as a result of conditions created by grading operations.

The plan shall include, but not be limited to, such measures as short-term erosion control planting, waterproof slope covering, check dams, interceptor ditches, benches, storm drains, dissipation structures, diversion dikes, retarding berms and barriers, devices to trap, store and filter out sediment, and storm water retention basins. Off-site work by the Applicant may be necessary. The Applicant shall provide any off-site permission or easements necessary to present written proof thereof to the City Engineer or Building Official. Erosion control work and sediment control work shall be coordinated with the grading work. A narrative description shall also be provided of measures to be taken, planting materials and specifications, and maintenance provision.

There shall be a clear notation that the plans are subject to changes as changing conditions occur. Calculations of anticipated storm water runoff and sediment volumes shall be included, if required by the City Engineer or Building Official.

Permanent Measures.

The plans shall include permanent erosion and sedimentation control measures which shall be primarily oriented towards prevention of erosion and shall include, but not be limited to, such measures as permanent erosion control planting, paved ditches, planted swales, benches, storm drains, dissipation structures, rip rap, and storm water retention basins.

A narrative description shall also be provided of measures to be taken, specifications for planting materials, fertilizers, planting and maintenance procedures.

An estimate of the length of time which will be required for the planting to produce a permanent coverage which will be sufficient to provide the degree of erosion control protection for which it is designed.

Section 18028.8 Permit Application Initial Statement(s) of the Civil Engineer(s) in Responsible Charge.

One Civil Engineer in Responsible Charge.

Where one Civil Engineer will be in responsible charge of the entire grading project, including, but not limited to, the preparation of the grading plans, the exact following Initial Statement of the Engineer is required:

DATE

Building Official City of Oakland Dalziel Administration Building 250 Frank Ogawa Plaza Oakland, CA 94612

RE: Grading at (Same address as on application)

INITIAL STATEMENT OF THE ENGINEER

I have been retained by (Applicant) to be in responsible charge of the grading work at property referenced above. I will assume full responsibility, as responsibility is defined in Section 15.04.3.2340 of the Oakland Municipal Code, for carrying out the following to the best of my knowledge and ability:

a.

Assuring that testing and inspection required for the work in progress and the completed work shall be accomplished in a timely and professional manner to determine whether all the work is being/was done in accordance with plans, schedule and specifications approved by the Building Official.

b.

Notifying the Applicant, verbally and in writing (with a copy to the Building Official), of any work not being performed in accordance with the approved plans, schedule and specifications.

c.

Notifying the Applicant, verbally and in writing (with a copy to the Building Official), of any work not meeting the requirements of the approved plans and specifications.

d.

Notifying the Applicant, verbally and in writing, of the modifications(s) required in his performance and the necessary corrective measures to be taken to cure all deficiencies.

e.

Submitting an amended grading plan (through the Applicant) to the Building Official for his review and approval for any significant changes caused by unforeseen conditions, along with a report setting forth the reasons for these changes and the recommended changes to the improvement plans necessitated by the amendments to the grading plan.

f.

Notifying the Applicant, verbally and in writing (with a copy to the Building Official), of any portion of the grading work affected by the amended plans and shall recommend whether or not the Applicant should proceed with the work before the amended plans are approved by the Building Official

g.

Submitting in a timely manner upon the Applicant's satisfactory completion of the work under the permit, a Statement of Completion with the results of all tests and inspections attached thereto.

h.

Stating in writing, along with the Statement of Completion, that the interim erosion control and sediment control measures appear to be adequate if properly maintained until the permanent erosion control measures are fully established, if any are required.

If my services on the job are terminated, I will, at said time of termination, submit to the Building Official a Statement of Partial Completion addressing the progress and conditions of all of the applicable items above and attach thereto the results of such inspections and tests which have been completed.

Signed:

---

(Registered Civil Engineer)

License No. _____

Expiration: _____

Multiple Responsibility.

When the Civil Engineer in Responsible Charge is other than the Civil Engineer who prepared the approved grading plan, the following paragraph will be added to the letter in Item (1) above:

"I have examined the plans to be used for this work as prepared by (name and registration of Civil Engineer) dated and hereby approve and adopt them as to the portions concerning the work to be performed under this permit."

Divided Responsibility.

Where more than one Civil Engineer shall function as Civil Engineer in Responsible Charge and divide their responsibilities, each will submit in the exact text, the following Initial Statement of the Engineer:

DATE

Building Official City of Oakland Dalziel Administration Building 250 Frank Ogawa Plaza Oakland, CA 94612

RE: Grading at (Same address as on application)

INITIAL STATEMENT OF THE ENGINEER (DIVIDED RESPONSIBILITY)

I have been retained by (Applicant) to be in responsible charge of the portions of grading work enumerated below. I will assume full responsibility for carrying out the following to the best of my knowledge and ability (Each individual engineer shall enumerate and provide the portions of work he is to be responsible for).

If my services on the job are terminated, I will, at said time of termination, submit to the Building Official a Statement of Partial Completion addressing the progress and conditions of all of the applicable items above and attach thereto the results of such inspections and tests which have been completed.

Signed:

---

(Registered Civil Engineer)

License No. _____

Expiration: _____

When those Civil Engineers in Responsible Charge, as specified in Item 3 above, are not the Civil Engineers who prepared the approved plan, each Civil Engineer in Responsible Charge shall add the paragraph shown in item 2 above.

No Initial Statement(s) of the Engineer shall be accepted as complete until all responsibilities addressed in Item 1 above have been covered by one or more Civil Engineer(s) in Responsible Charge.

Section 18028.9 Permit Application: Initial Statement(s) of the Civil Engineer(s) in Responsible Charge— Responsibilities Defined.

The responsibilities of the Civil Engineer(s) in Responsible Charge defined for purposes of this Article are defined as follows:

Inspection and Testing.

The Civil Engineer in Responsible Charge shall inspect the work in progress and perform such tests as may be necessary during the progress of the work to determine whether all grading work is done in accordance with the Plans and Specifications approved by the Building Official. The Building Official or his authorized representative may conduct unscheduled inspections of grading work in progress to assess whether such work poses a hazard to life and public or private property.

Substandard Performance; Notification of Applicant.

When the inspection and testing reveals that the work is not being properly performed, and/or all or any portion of the work does not meet with the requirements of the approved Plans, Schedule and Specifications, the Civil Engineer in Responsible Charge shall immediately notify the Applicant, verbally and in writing (with a copy to the Building Official). The Civil Engineer in Responsible Charge shall also notify the Applicant of any modifications which are required in his performance and the necessary corrective measures to be taken to cure the deficiencies in the work.

Changes in the Approved Plans, Schedule and Specifications Due to Unforeseen Conditions.

If, during the progress of the grading work, the Civil Engineer in Responsible Charge finds it necessary to require significant changes due to unforeseen conditions, he/she shall submit (through the Applicant), amended Plans, Schedule and Specifications for the approval of the Building Official. He/she shall also submit, at that time, a report setting forth the reason for the changes. The report shall also include any recommended changes to future improvement plans necessitated by the amended plan. The Civil Engineer in Responsible Charge shall also notify, verbally and in writing (with a copy to the Building Official), the Applicant of any portion of the grading work affected by the amended plans and recommend whether or not work should proceed before the amended plans are approved by the Building Official.

Upon completion of the grading work, the Civil Engineer in Responsible Charge shall submit in a timely manner a Statement of Completion. He or she shall, at that time, also state in writing that interim erosion and sedimentation control measures, where required by the Building Official, have been taken and appear to be adequate until permanent erosion control planting is effectively established.

It shall not be the responsibility of the Civil Engineer in Responsible Charge to perform the direction or supervision of the personnel and equipment performing the actual grading work unless they are in the employ of the Civil Engineer in Responsible Charge.

It shall not be the responsibility of the Civil Engineer in Responsible Charge to supervise, direct, inspect, or test any improvements being constructed coincidentally with the grading work but not a part of the approved grading plan.

Section 18028.10 Permit Application—Proposed Work Schedule.

The Applicant must submit a master work schedule showing the following information:

Proposed grading schedule.

Proposed conditions of the site on each July 15, August 15, September 15, October 1, and October 15, during which the permit is in effect.

Proposed schedule for installation of all interim drainage, erosion and sediment control measures including, but not limited to, the stage of completion of erosion and sediment control devices and vegetative measures on each of the dates set forth in Subsection 2 above.

Schedule for construction of final improvements, if any.

Schedule for installation of permanent erosion and sediment control devices where required.

Section 18028.11 Permit Application Itemized Estimate of Cost of Work by Civil Engineer.

Quantities and costs of all the work to be done under the Grading Permit shall be submitted by a Civil Engineer to aid in establishing values for security deposits or surety bonds which may be required. The actual value of security shall be determined by the Building Official.

Section 18028.12 Permit Application—Related to Special Studies Zones And Seismic Hazard Zones Designated by State Geologist (Geologic Report).

No Grading Permit shall be issued for any site in the Special Studies Zones or Seismic Hazard Zones designated by the State Geologist before a Geologic Report has been submitted and approved pursuant to the requirements of Chapter 15.20 of the Oakland Municipal Code. Said report and review shall be submitted as a part of the application for Grading Permit along with all other material required by this Chapter.

Section 18028.13 Permit Application—Related to Flood Hazard Area.

No Grading Permit shall be issued for any site located in a designated Flood Hazard Area unless the grading plan provides for mitigation measures relative to the projected flood hazard. The mitigation methods are subject to the review and approval of the Building Official.

Section 18028.14 Permit Application—Related to Expansive Soils Conditions.

No Grading Permit shall be issued for any site which is underlain by expansive soils unless the grading plan includes mitigation measures to prevent structural damages which may be caused by conditions due to expansive soils.

Section 18028.15 Permit Application—Dust Control Measures.

"Best Management Practices," as developed by the Building Official or an appropriate reference approved by the Building Official, shall be used throughout all phases of construction. This includes any suspension of work, alleviation or prevention of any fugitive dust nuisance and the discharge of smoke or any other air contaminants into the atmosphere in such quantity as will violate any City of Oakland or regional air pollution control rules, regulations, ordinances, or statutes.

Water, dust palliatives or combinations of both shall be applied continuously and in sufficient quantity during the performance of work and at other times as required. Dust nuisance shall also be abated by cleaning, vacuuming and sweeping or other means as necessary.

A Dust Control Plan may be required as a condition of permit issuance or at other times as deemed necessary to assure compliance with this Section. Failure to control effectively or abate fugitive dust nuisance or the discharge of smoke or any other air contaminants into the atmosphere may result in suspension or revocation of the permit, in addition to any other applicable enforcement actions or remedies.

Section 18028.16 Permit Application—Soils Report Contents.

All Soils Reports shall be based, at least in part, on information obtained from on-site testing. The minimum contents of a Soils Report submitted pursuant to this Chapter shall be as follows:

Logs of borings and/or profiles of test pits and trenches.

a.

Borings:

i.

The minimum number of borings acceptable, when not used in combination with test pits or trenches, shall be two, when in the opinion of the Soils Engineer such boring shall be sufficient to establish a soils profile suitable for the design of all footings, foundations and retaining structures.

ii.

The depth of each boring shall be sufficient to provide adequate design criteria for all proposed structures.

iii.

All boring logs shall be included in the soils report.

b.

Test Pits and Trenches:

i.

Test pits and trenches shall be of sufficient length and depth to establish a suitable soils profile for the design of all proposed structures.

ii.

Soils profiles of all test pits and trenches shall be included in the soils report.

A plat shall be included which shows the relationship of all borings, test pits and trenches to the exterior boundary of the site. The plat shall also show the location of all proposed site improvements. All proposed improvements shall be labeled.

Copies of all data generated by field and/or laboratory testing to determine allowable soil bearing pressures, shear strength, active and passive pressures, maximum allowable slopes where applicable and any such other information which may be required for the proper design of foundations, retaining walls and other structures to be erected subsequent to or concurrent with work done under the Grading Permit.

A written report which shall include, but is not limited to, the following:

a.

Site description.

b.

Local and site geology.

c.

Review of previous field and laboratory investigations on the site, if any.

d.

Review of information on or in the vicinity of the site on file with the Building Official, if any.

Site stability shall be addressed with particular attention to existing conditions and proposed corrective actions at locations where land stability problems exist.

Conclusions and recommendations for foundations and retaining structures, resistance to lateral loading, slopes and specifications for fills and pavement design as required.

Conclusions and recommendations for temporary and permanent erosion control and drainage. If not provided in a separate report they shall be appended to the required soils report.

All other items which the Soils Engineer deems necessary.

The signature and registration number of the Civil Engineer preparing the report.

When the certification date by the Soils Engineer in Responsible Charge is more than three years old, the soils report be re-certified, or a new soils report shall be provided.

Section 18028.17 Permit Application Referred to City Planning.

All applications for Grading Permits shall be referred to City Planning. City Planning shall report on any aspect of the proposed grading, excavation, or fill that relates to or affects the Oakland General Plan, and District or Area Plan, the zoning and subdivision regulations of the City, the preservation of natural scenic character, and any other environmental requirements, including the requirements of the California Environmental Quality Act.

Section 18028.18 Permit Application Referred to City Planning Landscape Addendum to the Grading Plans.

A Landscape Addendum to the Grading Plans may be required at the discretion of City Planning. The landscaping plan, when required, shall be prepared by a licensed Landscape Architect to the current professional standards in landscape architecture and is subject to the approval of City Planning.

Section 1803B Report of City Planning—Time Limit for Review.

City Planning, upon completion of its investigation including review of the Landscape Addendum (when required) shall transmit its report and recommendations to the Building Official and no permit shall be issued until such report has been received.

Section 1804B Permit—Conditions Upon Issuance.

In granting any permit under this Chapter, the Building Official may attach such conditions thereto as he deems reasonably necessary to safeguard life, public and private property, and to ensure that the work will be carried out in an orderly manner in conformance with all regulations and without creating a public nuisance; and he/she may add to, remove, or change such conditions from time to time during the duration of the permit as he/she deems reasonably necessary as a result of changed conditions or otherwise. Such conditions may include, but shall not be limited to:

Limitations on the hours of operations, days of operations or the portion of the year in which the work may be performed.

Restrictions as to the size and type of equipment to be used.

Prohibition or restriction on the use of explosives.

Designation of the routes over which the materials may be transported.

Requirements as to the suppression of dust and prevention against spilling or tracking of dirt, and the prevention of excessive noise or other results offensive or injurious to the neighborhood and the general public, or any portion thereof.

Regulations as to the use of public streets and places in the course of the work.

Regulations for the repair and cleaning of streets and other public facilities if their safe, operable, and clean condition has been jeopardized.

Requirements for safe and adequate drainage of the site.

A requirement that approval of the Building Official be secured before any work which has commenced, may be discontinued.

A requirement that personnel and equipment be provided at the site during storms to prevent damage to other property from flooding or the depositing of material washed from the site.

Requirements for fences, barricades or other protective devices.

Requirements pertaining to reshaping and planting the site, including the time limit for such work.

Section 1805B.1 Statement of Completion of Civil Engineers) in Responsible Charge—Final Completion.

Within fourteen (14) calendar days after completion of the work authorized by the Grading Permit, the Civil Engineer(s) in Responsible Charge shall provide the following Statement of Completion in his/her areas of responsibility with respect to the Grading Permit in writing. The grading work under any permit shall not be considered complete until each of the following items have been addressed by the Civil Engineer in Responsible Charge, who shall file with Building Official a written statement stating that said items have been completed and/or are true to the best of his/her knowledge and belief:

Her/his/their appropriate portion of grading work has been done in accordance with the plans and amended plans prepared or adjusted by her/him and approved by the Building Official. All modifications made by the Civil Engineer in Responsible Charge shall be specifically set forth in the Statement of Completion.

In the Civil Engineer's opinion, the finish graded slopes in the subject area are in a stable condition.

Where required by the Building Official, interim and/or permanent erosion and sedimentation control measures have been taken, and that where interim measures have been taken, they will adequately control erosion and sedimentation if properly maintained, until permanent erosion control planting is effectively established.

The magnitude of the total settlements and differential settlements which are likely to occur, the allowable loads of bearing pressures which may be imposed and stating that compaction is adequate for the uses proposed for the property and adequate to develop the recommended bearing pressures.

Any limitations which should be imposed on the development of the property because of soil conditions and amendments to the approved grading plan.

The Civil Engineer(s) in Responsible Charge shall also submit with the above items, all documentation necessary to support her/his/their Statement(s) of Completion (i.e., records of inspections, tests, observations, etc.).

Section 18058.2 Statement of Completion of Civil Engineer(s) in Responsible Charge Partial Completion.

When, in the estimation of the Building Official, an entire grading project cannot be completed before phased construction may proceed on structural foundations or retaining structures in order to provide for the public and private welfare, safety and convenience, the Building Official may require the Civil Engineer in Responsible Charge to submit a partial written statement addressing the satisfactory completion of those items. Separate building permits shall be required for the necessary structures. The total grading work shall be addressed in Statement of Completion prior to final inspection of any structures.

Section 18058.3 Statement of Completion of Civil Engineer(s) in Responsible Charge—Responsibility Changes Hands.

In all grading operations, if one Civil Engineer in Responsible Charge's services are terminated and another Civil Engineer in Responsible Charge assumes the responsibility for the remainder of the work, each Civil Engineer shall immediately file the Statement of Completion with respect to the portion of the work for which she/he is responsible and stating what work was completed and what work was improperly or inadequately done at the time of the termination of her/his responsibility. No grading work shall proceed unless the Civil Engineer in Responsible Charge takes the responsibilities, and the Building Official shall suspend any permit when the grading work is not under the responsibility of a Civil Engineer in Responsible Charge approved by the City.

Section 18058.4 Statement of Completion of Civil Engineer(s) in Responsible Charge—Grounds for Denial of Building Permit.

When a Grading Permit is issued on a site, the Building Official shall be notified that no Building Permit for the construction or repair of any structure on the property shall be issued until Statement(s) of Completion covering the completed grading work has/have been filed, unless the issuance of a Building Permit is required to allow construction of retaining walls or other structures designed in accordance with the Oakland Building Construction Code in order to allow completion of the grading work, in which case a cash bond may be required to guarantee the filing of Statement(s) of Completion covering the completed grading work.

Section 18058.5 Statement of Completion of the Civil Engineer(s) in Responsible Charge—Related to Final Inspection and Certification of Occupancy.

No Final Inspection, as required by the Oakland Building Construction Code, shall be made and no Temporary Certificate of Occupancy or Certification of Occupancy shall be issued by the Building Official

for any structures located on a site for which a Grading Permit has been issued prior to the acceptance by the Building Official of the Statement of Completion of the Civil Engineer in Responsible Charge. The Building Official may reject a Statement of Completion which, in her/his judgment, does not adequately meet the requirements of this Chapter.

Section 1806B Responsibility for Performance of Grading Work.

The Permittee shall bear full responsibility for the performance and maintenance of the work in accordance with the approved Plans, Schedule, Conditions and Specifications and any approved modifications thereof, and also shall bear full responsibility for accomplishing the work in accordance with the recommendations of the Civil Engineer in Responsible Charge during the progress of the work. The Permittee shall be present at all times work is in progress and shall be completely responsible for the supervision and direction of all personnel and equipment performing work under the Grading Permit.

Section 1807B Applications and Permits—Time of Validity.

Applications for grading permits shall expire 180 days after the date of application. One extension of the application may be requested for not more than 180 additional days (one year total from the date of application). Fees as established in the Master Fee Schedule shall be paid at the time of application submittal and extension request.

Grading permits shall expire when the work has not commenced within 180 days from the date of issuance of the grading permit or when the work has not been completed within one year following the date of commencement.

No grading work shall occur during the grading moratorium (wet season). Temporary shoring or permanent retaining structures shall be installed before commencement of the grading moratorium (wet season). The Civil Engineer in Responsible Charge shall show what actions will be implemented to eliminate any dangerous conditions which may result from the incomplete grading work or shall state no such actions are necessary. The addendum shall bear the Civil Engineer's signature and registration number.

Section 1808B Grounds for Denial—Hazard.

The Building Official shall deny a permit for any violation of this Code, other laws, rules and regulations in effect in the City, or whenever, in her/his judgment, the proposed work will directly or indirectly create a hazard to human life or endanger public or private property. If, in the opinion of the Building Official, the danger or hazard can be eliminated by the erection or installation of protective devices or by performing the work in a particular manner approved by the Building Official, the Building Official may grant a permit upon conditions that the protective and precautionary work or manner of performing the work, as approved, shall be used.

Section 1809B Grounds for Denial—Disinterested Civil Engineer in Responsible Charge.

In all cases where a Grading Permit is required, to prevent potential conflicts of interest and to assure that inspection and testing of the grading work is performed by a disinterested party, neither the owner of the property nor the builder who is to construct the improvements on the property or perform the grading work, shall be the "Civil Engineer in Responsible Charge" that provides any "Statement of Engineer" pursuant to the requirements of this Chapter.

Section 1810B General Requirements Applicable for All Grading Work Unless Modified by the Building Official.

The following shall apply to all grading work:

Grading, erosion control and sedimentation control work shall be done in accordance with plans hereinbefore described.

No grading work shall be done during the wet season except for emergency stabilization of geotechnical instability.

Temporary erosion and sedimentation control facilities shall be completely in place prior to October 15th and shall be diligently maintained to ensure effectiveness through April 15th.

The hours of grading operations shall be only between 7:00 a.m. to 9:00 p.m. weekdays, 8:30 a.m. to 6:00 p.m. Saturdays, and prohibited on Sundays and Holidays unless otherwise approved by the Building Official. Exceptions will only be granted if it can be shown that there is a compelling public interest to grade during prohibited times.

No clearing and grubbing shall take place on any site for which a Grading Permit is required prior to the issuance of a valid Grading Permit.

Where required, a valid Tree Removal Permit must be obtained prior to the issuance of a Grading Permit. No tree removal shall take place until both Tree Removal Permit and a Grading Permit, if required, has been issued.

No grading shall be approved on properties adjacent to the site without the written permission of the adjacent property owner. Such written permission shall be notarized and acknowledged and presented to the Building Official as a part of the items required with the application for a Grading Permit.

The rate of slope of the surface of permanent fills shall not be steeper than 2 to 1 and the rate of permanent cut slopes shall not be steeper than 1.5 to 1, unless otherwise recommended in the Soils Report and approved by the Building Official.

Areas to receive fill shall be adequately prepared by stripping unsuitable material and by benching slopes. Where past sliding is known or suspected or where unstable material exists, all such unstable material shall be stripped, with slip surfaces destroyed by benching and subdrainage installed before the fill is placed.

Drainage facilities shall be provided to convey stormwater to a natural watercourse, swale or other drainage way, or to a public storm drainage system at locations and in a manner satisfactory to the City Engineer or Building Official. Adequate temporary measures shall be taken to control stormwater during grading operations.

Erosion control shall include planting of all graded areas to be left exposed to the elements in accordance with the planned maintenance of such areas.

No grading shall be done which will cause sloughing of materials from or onto adjoining property.

Section 18118.1 Security—Grading Performance.

A performance security shall be required for every grading permit issued under this Chapter. The total amount of the security shall be determined by the Building Official after consideration of the estimated cost of the work, the possible consequences of non-completion, particularly with respect to adjacent properties, public safety and any other relevant factors. The minimum security required shall be one hundred percent (100%) of the engineer's estimate of cost of grading work. The form of the security shall be cash, cashier's check, approved surety bond (for an indefinite duration), irrevocable letter of credit, or other liquid financial instrument approved by the Building Official.

The security shall remain in full force and effect until the Statement of Completion has been accepted by the Building Official. The security shall obligate the principal, his or her executors, administrators, successors and assigns, jointly and severally, with the surety, and shall inure to the benefit of the City and to any person aggrieved by the principal's (owner/applicant's) failure to comply with the conditions thereof.

The security shall be conditioned on the faithful performance of the work under the Grading Permit and the immediate abatement of the hazards above-named. Failure of the person to whom the permit is issued to abate such hazard(s) in a timely manner shall result in Summary Abatement.

Section 18118.2 Security—Erosion and Sedimentation Control Performance.

Where erosion and sedimentation control work is required as a part of the approved grading plan, the Building Official may require such work to be secured either separately from, or along with, any grading security which may be required.

The Erosion and Sedimentation Control security shall be conditioned on the performance of the erosion and sedimentation control portion of the approved grading plan and shall remain in full force and effect during the "Wet Season" or such other time period which shall be determined by the Building Official.

Section 18118.3 Security—Term and Completion.

The term of each security shall begin upon the date of the posting thereof and shall end upon the completion to the satisfaction of the Building Official of all of the terms and conditions of the permit for the work. Such completion shall be evidenced by a statement thereof signed by the Building Official.

Section 18128.1 Notice of Default—General.

Whenever the Building Official finds that a default has occurred in the performance of any term of condition of any permit, written notice thereof shall be given to the contractor, property owner, and the surety of the security. Such notice shall state the work to be done and the period of time deemed by the Building Official to be reasonably necessary for the completion of the work.

The Owner shall have fourteen (14) calendar days from the date of service of the Notice of Default to comply with same or to appeal to the Hearing Examiner. In an emergency, the Building Official shall have the authority to take action three calendar days after service of the Notice, and to use liquid funds of the security to initiate remediation actions.

Section 18128.2 Notice of Default—Duty of Surety.

After fourteen (14) calendar days from the date of service of a Notice of Default, the surety shall cause the required work to be performed expeditiously and within the time therein specified or, failing therein, pay to the City the estimated cost of completing the work, as determined by the Building Official, but not to exceed the principal sum of the security.

Section 18128.3 Notice of Default—Right of Entry.

In the event of any default in the performance of any term or condition of the permit for the work, the surety or any person employed or engaged on his behalf shall have the right to enter upon the premises to complete the required work or make it safe. Representatives of the City shall have the right to enter upon the premises during the course of the work or upon completion to check for compliance with the terms or conditions of the permit and the provisions of this Chapter.

Section 18128.4 Notice of Default—Performance Interference Prohibited.

No person shall interfere with or obstruct the ingress or egress to or from any such premises by an authorized representative or agent of any surety or of the City engaged in completing the work required to be performed under the permit, checking on compliance of the work with the terms or conditions of the permit and the provisions of this Chapter, or taking emergency actions deemed necessary for the protection of the public and adjoining properties.

Section 1813B Violation and Abatement.

Violations of this Chapter shall be abated by the City and costs, fees, penalties, and accruing interest for abatement shall be assessed by the City and collected in accordance with the provisions of Chapters 1.08, 1.12, and 15.08 of the Oakland Municipal Code.

Section 1814B Erosion and Sedimentation Control.

Section 18148.1 Responsibility for Preventative Measures to Control Erosion and Sedimentation.

Any person who performs grading, clearing and grubbing or other activities that disturb the existing soil shall take appropriate preventative measures to control erosion, sedimentation of eroded materials onto adjacent lands, public streets or rights-of-way, or carrying of eroded materials to any watercourse by any route. The person in possession and the owner of the property on which the soil is disturbed are responsible to perform necessary preventative measures to control erosion and sedimentation.

Section 18148.2 Preventative Measures to Control Erosion and Sedimentation.

Preventative measures shall be those prescribed in the "Manual of Standards for Erosion and Sediment Control Measures" of the Association of Bay Area Governments and as subsequently amended. Preventative measures shall include both interim and permanent measures to control erosion and sedimentation.

Interim preventative measures shall be taken during the period October 15 to April 15 until permanent control measures are complete and effective. Interim measures shall include, but not be limited to, waterproof slope covering, drainage ditches around slopes, short-term control planting, slope benching, riprap, storm drains and energy dissipation structures.

Permanent preventative measures shall include, but not be limited to, completion of buildings, walls or other structures, permanent planting, paved ditches, slope benching, rip-rap storm drains, paving and energy dissipation structures.

The Building Official may require an erosion and sedimentation control plan prior to issuance of any building permit on lots where the conditions of lot location, configuration or contour may result in increased problems of erosion or sedimentation control.

Section 18148.3 Classification of Erosion and Sedimentation Conditions as Constituting a Hazard.

Any grading, clearing and grubbing or other activities that disturb the existing soil so that erosion, sedimentation of eroded materials onto adjacent lands, public streets or rights-of-way or carrying of eroded materials to any watercourse occurs, such activities shall constitute an dangerous condition and shall be abated as set forth in this Chapter.

Section 1815B Discharge of Concentrated Flow.

Section 1815B.1 General.

Except as established in this Section, it shall be unlawful for anyone to discharge or channel concentrated flow of storm water onto neighboring property.

Section 1815B.2 Methods.

Approved methods of discharge may be achieved in the following ways:

Drain to Streets.

For property located on an improved street which abuts the property frontage, storm water may drain to the public right-of-way when directed under the sidewalk in accordance with the Oakland Municipal Code. If the property is located on an unimproved street, the property owner shall submit, for approval by the Building Official, a detail showing how storm water discharges to the street. The drainage detail shall show the size and type of conduits, the points where conduit daylights on the slope, and the type and location of slope protection.

Dissipation of Storm Water within the Property Boundaries.

The dissipater system shall be designed by a Civil Engineer and shall not be closer than fifteen (15) feet from a property line. The system shall be approved by the Building Official prior to construction. A Special Inspection letter shall be submitted to the Building Official and approved prior to issuance of a Temporary Certificate of Occupancy or a Certificate of Occupancy.

Pumping of Storm Water to a City Approved Means of Disposal.

Storm water may be collected in a catch basin and discharged by a pump to the street surface.

Discharging Storm Water to a Public Storm Sewer System.

The connection shall be designed by a licensed professional and approved by the City Engineer or Building Official. A permit issued by the City Engineer for direct connection to the public storm sewer system shall be required. Granting of such permit shall be a discretionary action.

(Ord. No. 13861, § 4, 9-15-2025)

Add after the first sentence: "The use of topically applied moisture barriers to concrete slabs in conjunction with conversion of non-habitable spaces to habitable spaces provided the following are adhered to:

a)

The product's permeability is at most 0.09 perms for vapor transmission toward the habitable space, as tested according with ASTM E96, which is equivalent or better than that of 6-mil polyethylene (as tested with ASTM E1745).

b)

Technical documentation, supplied by the manufacturer, based on accredited independent laboratory testing, is provided clearly indicating the product's performance meet these criteria.

c)

The product is installed per its listing by qualified individuals and per the manufacturer's instructions and special inspection is conducted by a person knowledgeable and with demonstrated history of performing such inspections on the applications of such product.

d)

The owner agrees to hold the City of Oakland Harmless by completing and submitting a Hold armless Agreement to be filed with the County Recorder against the parcel for a fee in accordance with the Oakland Master Fee Schedule.

(Ord. No. 13861, § 4, 9-15-2025)

In Section 2308.7.1 of the California Building Code:

A.

In the second sentence beginning with "Foundation plates or sills…", replace "V-inch diameter (12.7 mm) steel bolts" with "⅝"-inch diameter (15.9 mm) steel bolts."

B.

In the fourth sentence beginning with "Bolts shall be spaced…", replace "6 feet (1829mm) on center" with "4 feet (1219mm) on center, and adequately secured in-place by an approved method before placement of concrete or grout…."

(Ord. No. 13861, § 4, 9-15-2025)

In Section 2308.7.1.1 of the California Building Code:

A.

In the first sentence beginning with "Sill plates along…" replace "V-inch diameter (12.7 mm) anchor bolts" with "⅝-inch diameter (15.9 mm) anchor bolts."

(Ord. No. 13861, § 4, 9-15-2025)

In Section 3201.4 of the California Building Code, replace this Section in its entirety with the following: