Article 1 — GENERAL

Oakley Municipal Code · 2026-07 edition · updated 2026-09-27 · Oakley

§ 6.9.102. Title.¶

The title of this chapter is "Grading" and shall be known as The Grading Ordinance.

§ 6.9.104. Purpose and Intent.¶

a. The purpose of this chapter is to establish controls on the earthwork permitted by the City in the course of, or in conjunction with, construction. The controls are established for reasons of aesthetics, sound soil engineering practice, erosion control, water quality protection and environmental sensitivity.
b. It is the intent of the City to limit grading operations and to ensure that the public health, safety and welfare are maintained.
c. Nothing in this chapter voids the provisions of Chapter 70 of the Uniform Building Code as adopted by the City. In the case of a conflict between this chapter and the Uniform Building Code, the more restrictive document will prevail.
d. The provisions of this chapter are not intended to prevent the use of any material or method of construction not specifically prescribed by the grading code provided any such alternate has been approved under this chapter. The City Engineer may approve any such alternate up to the time of the certification of the building pad if he/she finds that the proposed design is satisfactory and complies with the provisions of the grading code; and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in quality, strength, effectiveness and safety.
e. It is not the intent of this chapter to preclude projects with previous tentative map or grading plan approvals from continuing with the projects as designed prior to adoption of this chapter. Grading plans submitted for review and approval before adoption of this chapter are not subject to the conditions of this chapter.

§ 6.9.106. General Definitions.¶

In this chapter, the following definitions apply unless otherwise stated:

a. "As graded" shall mean the surface conditions existing on completion of grading.
b. "Bedrock" shall mean in-place solid rock.
c. "Bench" shall mean a relatively level step excavated into earth material as part of a manufactured slope.
d. "Berm" shall mean earth mounding placed in such a manner as to screen or visually separate one area from another. A berm typically refers to earth placed at the fine grade phase of a development which is landscaped at project completion.
e. "Borrow" shall mean earth material acquired from an off-site location for use in grading on a site.
f. "Certification" shall mean a written engineering or geological professional opinion

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City of Oakley, CA

PUBLIC WORKS REGULATIONS

§ 6.9.106

concerning the progress and completion of the work in accordance with approved plans. It is not a guarantee of the design or future performance of the earthwork.

g. "Chief Building Official (CBO)" shall mean the individual charged with the ultimate authority to enforce the Building Regulations described in Title 7 of this Municipal Code. The Chief Building Official has the authority to enforce this chapter from pad certification through project completion. Additionally, projects not requiring pad certification and projects requiring less than 5,000 cubic yards of earth to be moved may be administrated by the Chief Building Official.
h. "Civil engineer" means a professional engineer in the branch of civil engineering holding a valid certificate of registration issued by the State of California.
i. "Clearing and grubbing" shall mean and refer to the removal of items such as, but not limited to, debris, grasses, weeds, scrub brush, etc. from a site in preparation for grading of a site.
j.
- "Compaction" shall mean the artificial densification of soil by various means.
k. "Cut" shall mean the removal of existing earth material to achieve a specific engineered grade. See also "Excavation".
l. "Drip line" shall mean a line extending around a tree directly underneath the outermost branches of the tree.
m. "Earth material" shall mean any rock, natural soil or fill, and/or any combination thereof.
n. "Engineering geologist" shall mean a professional geologist in the branch of engineering geology holding a valid certificate of registration as an engineering geologist in the State of California.
o. "Engineering geology" is the application of geological data and principles to engineering problems dealing with naturally occurring rock and soil for the purpose of assuring that geological factors are recognized and adequately interpreted in engineering practice.
p. "Erosion" shall mean the wearing away of the ground surface as a result of the movement of wind, water, and/or ice.
q. "Erosion-control specialist" shall mean a professional civil engineer, landscape architect or other licensed professional person experienced in erosion-control work, retained by the developer in a professional or consultative capacity (not as a contractor performing construction work in the development), and responsible for analysis, plans, specifications, supervision and certifications regarding slope-control planting and related slope control work, other than grading, for a specific project.
r. "Excavation" shall mean any earth, sand, gravel or similar material which is cut into, dug, quarried, removed, displaced, relocated or bulldozed by either manual or mechanical means and the conditions resulting therefrom.
s. "Fill" shall mean a deposit of earth material placed by artificial means.
t. "Grade" shall mean the vertical elevation of the ground surface.
- 1. "Existing grade" shall mean the grade prior to the start of work encompassed by a

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City of Oakley, CA § 6.9.106

OAKLEY CODE

§ 6.9.106

specific plan or permit.

1. "Finish grade" shall mean the final grade of the site which conforms to the approved plan at the completion of the fine grade operation.
1. "Rough grade" shall mean the stage at which the grade conforms approximately to the approved plan. Building pads and street sub-grade are graded to within +/- one-tenth foot.
u. "Grading" shall mean any excavating or filling, or combination thereof.
- 1. "Limited grading" shall mean the movement of earth for small projects such as individual building foundations, driveways, local roadways, utility excavations, etc. Limited grading generally refers to the movement of less than 50 cubic yards of material.
- 1. "Mass grading" shall mean the movement or redistribution of large quantities of earth over large areas. Disruption of the majority of the on-site surface terrain is common. Unless sensitively completed, modifications or elimination of major and minor natural landforms may result.
- 1. "Contour grading" shall mean the movement of earth in such a manner that the final landform has a natural round appearance. This is accomplished by blending finish contours with the adjacent natural terrain to achieve a consistent grade; and by avoiding flat two dimensional or angular surfaces. Contour grading techniques may be applied to both limited and mass grading projects.
v. "Hardscape" shall mean and refer to the impervious horizontal surfaces placed on a site for primarily pedestrian circulation. Certain portions of vehicular circulation areas may be included in the definition of a hardscape area providing extraordinary design considerations apply.
w. "Infrastructural improvements" shall mean and refer to the construction of major backbone developments, including but not limited to, roads, storm drain systems, and utilities, necessary to support development of specific areas.
x. "In-situ sample" shall mean and refer to an intact soil sample obtained in such a way that it represents the characteristics of in-place soil material.
y. "Key" shall mean a designed, compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.
z. "Open space" shall mean the public open space, private open space, or areas of dedication of scenic easement/development rights.
aa. "Pad certification" shall mean a written engineering opinion concerning the location and elevation of the building pad upon completion of rough grade activities.
bb. "Retaining wall" shall mean a wall designed to resist the lateral displacement of soil or other materials.
cc. "Site" shall mean and include all of a plot or parcel of land, or combination of contiguous plots or parcels of land. For the purpose of percent natural slope calculations, open space land may be excluded.

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City of Oakley, CA

PUBLIC WORKS REGULATIONS

§ 6.9.106

dd. "Slope" shall mean an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.
ee. "Soil" shall mean naturally occurring surficial (unconsolidated) deposits overlying bedrock.
ff. "Soil engineer (or geotechnical engineer)" shall mean a civil engineer who is experienced in soil mechanics and has a valid certificate as a registered civil engineer or geotechnical engineer by the State of California, who investigates and reports on the stability of existing or proposed slopes and retaining walls, controls the placement and compaction of fills, recommends soil bearing values, and provides design criteria and calculations for special earth structures such as buttress fills.
gg. "Soil engineering" shall mean the application of the principles of soil mechanics in the investigation, evaluation, and design of civil works involving the use of earth materials, and the inspection and testing of the construction thereof.
hh. "Terrace" shall mean a relatively level step utilizing grading and retaining walls constructed in the face of an engineered slope surface for drainage and maintenance purposes.
ii. "City Engineer" shall mean the individual charged with the ultimate authority to enforce this chapter up to and including pad certification. Additionally, projects not requiring pad certification and projects requiring more than 5,000 cubic yards of earth to be moved shall be administrated by the City Engineer.

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City of Oakley, CA

PUBLIC WORKS REGULATIONS

§ 6.9.202

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