Chapter 15.36 — GRADING

This chapter may be referred to as the Orinda grading regulations. (Ord. 00-03 § 3 (part))

This chapter sets forth regulations for control, excavating, grading, earthwork construction, including fills or embankments and related work. (Ord. 00-03 § 3 (part))

As used in this chapter, the following words and phrases have the meanings set forth in Sections 15.36.040 through 15.36.200, unless otherwise required by the context. (Ord. 00-03 § 3 (part))

"Approved soil testing agency" is an agency regularly engaged in the testing of soil under the direction of a civil engineer experienced in soil mechanics (a soil engineer) when such agency has been approved by the City Building Official. (Ord. 00-03 § 3 (part))

"Bedrock" is the relatively solid, undisturbed rock in place either at the ground surface or beneath superficial deposits of gravel, sand or soil. (Ord. 00-03 § 3 (part))

"City Building Official" is the City Building Inspector or his or her duly authorized deputy charged with enforcement of this chapter. (Ord. 00-03 § 3 (part))

"Building pad" is that area of a lot, parcel or site which will be occupied by the building structure, and includes any other structure or improvement attached. (Ord. 00-03 § 3 (part))

"Civil engineer" means a professional engineer in the branch of civil engineering holding a valid certificate of registration issued by the state of California. (Ord. 00-03 § 3 (part))

"Compaction" means the act of compacting or consolidating soil bedrock material to a specified density, and the resulting compacted state of the material. (Ord. 00-03 § 3 (part))

"City specifications" means the current specifications and their amendments adopted by the City Council, relating to city ordinances or to general use by the city departments having jurisdiction over earthwork, roads, buildings, drainage, and similar construction. (Ord. 00-03 § 3 (part))

"Critically expansive soil or other soil problems" are soil conditions which are likely to cause damage to improvements, including streets, structures and buildings. They shall be tested by acceptable procedures to provide data suitable for making adequate designs for the improvements. (Ord. 00-03 § 3 (part))

"Engineering geologist" means a professional geologist in the branch of engineering geology qualified to hold, or holding a valid certificate of registration as an engineering geologist in the state of California. (Ord. 00-03 § 3 (part))

"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. (Ord. 00-03 § 3 (part))

"Fill" means soil, rock, or other similar irreducible materials placed by man. (Ord. 00-03 § 3 (part))

"Grade and grading" include the acts or results of: (1) Digging, excavating, transporting, placing, spreading, depositing in an embankment or fill; and/or (2) Compacting or settling, or shaping of surfaces and slopes in excavations and on embankments; and/or (3) Backfilling of trenches, pits, ditches or other excavations or natural depressions; and/or (4) All other operations performed by or controlled by human agency involving the physical movement of rock or soil. (Ord. 00-03 § 3 (part))

"Natural grade" is the vertical location of ground surface prior to any excavations or fill. (Ord. 00-03 § 3 (part))

"Quarry" means any premises or site from which rock, sand, gravel, stone, earth soil or mineral is removed or excavated for immediate or delayed disposition away from the premises, except: (1) Excavation which is necessary for the development of a lot or parcel, and permits for construction have been issued pursuant to this chapter, and if the development conforms to the provisions of Title 9; (2) Excavation which is necessary to bring the contour of the land, within a subdivision for which a map has been recorded, to the grades shown on the land development plan for subdivision, which subdivision has been approved as a part of the grading permit authorizing the excavation. (Ord. 00-03 § 3 (part))

"Rough grade" is the elevation of the ground surface established by grading that approximates the final elevation shown on the approved design. (Ord. 00-03 § 3 (part))

"Site" is any area, lot or parcel of land or contiguous combination thereof, under the same ownership, where grading or development is proposed or performed. (Ord. 00-03 § 3 (part))

"Soil engineer" is a civil engineer who is experienced in soil mechanics, who investigates and reports on the stability of existing or proposed slopes, who controls the installation and compaction of fills, who recommends soil bearing values, and who provides design criteria and calculations for special earth structures such as buttress fills. (Ord. 00-03 § 3 (part))

No person shall perform any work within the scope of this chapter without first having obtained a permit from the Building Inspection Department pursuant to this chapter.

(Ord. 00-03 § 3 (part))

No person shall grade, whether or not a permit is required under this chapter, so that dirt, soil, rock, debris, or other materials washed, eroded, or moved from the property by natural or artificial means creates a public nuisance or hazard or an unlawful encroachment on other property or on a public road or street. Any such matter deposited within the right-of-way of a public road or street which may constitute a nuisance or hazard to public traffic shall be removed immediately, and failure to do so on notice from the city, authorizes the city to have the matter removed at the expense of the responsible party and/or permit holder. (Ord. 00-03 § 3 (part))

No person shall obstruct, impede or interfere with the natural flow of storm waters, whether unconfined upon the surface of the land, within land depressions or natural drainage ways, within unimproved channels or watercourses, or within improved ditches, channels or conduits, except for construction operations permitted by the city. (Ord. 00-03 § 3 (part))

No person shall excavate, remove any material from any levee or do any work on levees required for river or local drainage control without prior approval of the local governmental agency responsible for the maintenance of the levee. (Ord. 00-03 § 3 (part))

No person shall perform any work or construct any facility (including excavation or embankment, trenching, driveway construction, or drainage facility) within the right-of-way of a public road or street, or within an easement under the jurisdiction of the city, without a permit from the city agency having jurisdiction. (Ord. 00-03 § 3 (part))

The Building Inspection Department is authorized to issue bulletins to interpret or clarify the administrative and technical details of this chapter. (Ord. 00-03 § 3 (part))

The City Building Official is authorized to issue bulletins to interpret or clarify the administrative and technical details of this chapter.

(Ord. 00-03 § 3 (part))

Any excavation or fill which the City Building Official finds is a menace to life, limb or property or adversely affects. the safety, use or stability of a public way or drainage way or channel is declared to be a public nuisance, and in addition to any other remedy available under the law, may be abated pursuant to Chapter 1.12 of this code. (Ord. 00-03 § 3 (part))

A. Except as specified in Chapter 15.28, no person shall grade without having a valid permit as provided in this chapter. B. Notwithstanding the provisions of Chapter 15.28, a permit is required for all subdivisions as defined in Title 16, and all other projects for which a governmental agency has specified a permit as being required as a condition for approval. C. A separate permit is required for work on each site, unless the sites are contiguous and the entire area is included in the plans accompanying the application. D. Grading permits for work on property on which a subdivision or development requiring approval of a tentative map is proposed shall not be issued until reviewed by the Public Works Department for compliance with the requirements of Title 16. E. For grading permits involving one thousand (1,000) cubic yards or more of material not required as part of other entitlement permit: 1. Notice. Before the Building Inspection Department decides any application pursuant to this chapter, the Building Inspection Department shall mail or deliver notice of intent to decide the application pursuant to the notice provisions of Chapter 1.16. The notice shall state the last day to request a public hearing on the application (which shall be not less than ten days after date of mailing or delivery), the general nature of the application, and the street address, if any, of the property involved or its legal or boundary description if it has no street address. 2.

Hearing Required. If, within ten calendar days after mailing or delivery of the notice of intent, a written request for public hearing is filed with the Building Inspection Department, it shall schedule a public hearing before the Zoning Administrator on the application in accordance with applicable provisions of Chapter 1.16 and mail notice to the applicant, the owner and any other persons requesting a hearing. (Ord. 00-03 § 3 (part))

A grading permit is not required for: A. An excavation which meets all of the following requirements: 1. Is less than five feet in depth below natural grade and is adequately supported by a retaining structure designed and constructed in accordance with Chapter 15.08; 2. Does not create a cut slope greater than seven feet in height and steeper than two horizontal to one vertical; and 3. Does not exceed fifty (50) cubic yards. B. A fill which meets all of the following requirements: 1. Is not intended to support structures; 2. Does not obstruct a drainage course; 3. Is placed on natural grade that has a slope not steeper than five horizontal to one vertical; 4. Is less than three feet in depth at its deepest point, measured vertically upward from natural grade to the surface of the fill; and 5.

Does not exceed two hundred (200) cubic yards. C. Minor land leveling for agricultural farming, if the average ground elevation is not changed more than three feet. D. Cemetery graves. (Ord. 00-03 § 3 (part))

A grading permit is not required for: A. An excavation below finished grade for basements and footing of structures authorized by a valid building permit or trench excavations for the purpose of installing underground utilities, if to be backfilled to natural grade; B. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or clay, for which a permit has been granted by the City Council, provided that such operations do not affect the lateral support or increase the stresses in, or pressure upon, any adjacent or contiguous property; C. Improvement of watercourses and construction of drainage, irrigation, and domestic water supply systems and facilities performed under the supervision of the flood control district, an agency of the federal or state government, a water or sanitation district, or an irrigation or reclamation district; D. The construction, repair and maintenance of levees for river and local drainage control performed by a governmental agency; E. Refuse and garbage disposal sites controlled by other regulations; F. Emergency work, as authorized by the City Building Official, necessary to protect life, limb or property, or to maintain the safety, use or stability of a public way or drainage way. (Ord. 00-03 § 3 (part))

A grading permit is not required for: A. Excavations for installation of underground storage tanks where the capacity of the tank does not exceed twenty thousand (20,000) gallons; B. Grading in an isolated, self-contained area if the City Building Official determines that no danger to private or public property is likely to result from the grading operations; C. The structural section of subdivision streets in tracts for which subdivision improvements plans have been reviewed by the Public Works Department and the work is being inspected by that department under Title 16; D. Temporary local borrow pits for road materials and top soil for landscaping situated within a larger ownership being subdivided into smaller tracts, if the material is being used entirely within the tracts being subdivided, and if the excavations do not endanger properties under other ownerships or create a public nuisance or safety hazard. The land shall be graded to comply with this chapter on cessation of excavation within the pit areas; E. Temporary stockpiles of top-soil materials required for landscaping lots being graded in the immediate area for building purposes if the stockpiles are not placed within a public right-of-way, do not obstruct drainage ways, are not subject to erosion which will cause silting problems in drainage ways, do not endanger other properties, and do not create a public nuisance or safety hazard as determined by the City Building Official. The land shall be graded to comply with this chapter after removal of stockpiles; F. Fire trails, and access roads to public utility gas and electric transmission lines. (Ord. 00-03 § 3 (part))

To obtain a permit the applicant shall first file a written application on an approved form. Every application shall conform to the requirements set forth in Chapter 15.28. (Ord. 00-03 § 3 (part))

The application shall describe the site by lot, block and tract designation, and by a street address or similar description sufficient to readily identify it. (Ord. 00-03 § 3 (part))

The application shall state the name and address of the owner of the site, the person who is to perform the work, and the soil and civil engineer if such work is to be performed as supervised grading. The permit shall be issued only to the owner or his or her agent. (Ord. 00-03 § 3 (part))

The application shall be accompanied by plans, specifications and calculations as may be required by Chapter 15.28. (Ord. 00-03 § 3 (part))

The application shall state the estimated cost of performing the work. (Ord. 00-03 § 3 (part))

The application shall be signed by the applicant or his authorized agent, who may be required to submit evidence of such authority. (Ord. 00-03 § 3 (part))

The application shall give such other information as may be required by the City Building Official. (Ord. 00-03 § 3 (part))

With each application for a permit and when required by the City Building Official for enforcement of any provisions of this code, four sets of plans and specifications shall be submitted. Except as waived by the City Building Official for small and unimportant work, the plans shall be prepared and signed by a civil engineer or architect and shall contain items set forth in Chapter 15.28, plus any additional material which the City Building Official deems necessary to show conformance of the proposed grading with requirements of this chapter and other related ordinances. (Ord. 00-03 § 3 (part))

Plans and specifications shall contain: A. A vicinity sketch or other means of adequately indicating the site location; B. Boundary lines of the site; C. Each lot or parcel of land into which the site is proposed to be divided; D. The location of any existing buildings or structures on the property where the work is to be performed, and the location of any buildings or structures on adjacent land which may be affected by the proposed work; E. Accurate contours showing the topography of the existing ground. (Ord. 00-03 § 3 (part))

Plans and specifications shall also show: A. All of the proposed uses of the site and, if the site is to be divided, the proposed use of each lot or parcel of land; B. Elevations, location, extent and slope of all proposed grading shown by contours, cross-sections or other means and location of any rock disposal areas, buttress fills or other special features to be included in the work; C. Detailed plans of all drainage systems and facilities, walls, cribbing, or other erosion protection devices to be constructed in connection with, or as a part of the proposed work, together with a map showing the draining area and estimated runoff of the area served by any drainage systems or facilities. (Ord. 00-03 § 3 (part))

Plans and specifications shall also contain:

A. A statement of the quantities of material to be excavated and/or filled and the amount of such material to be imported to, or exported from, the site; B. A statement of the estimated starting and completion dates for work covered by the permit; C. A promise signed by the owner, or his or her authorized agent, that a civil engineer, soil engineer and/or engineering geologist will be employed to give technical supervision or make inspections of the work, whenever approval of the plans and issuance of the permit is to be based on the condition that such professional person be so employed. (Ord. 00-03 § 3 (part))

The City Building Official may require an engineering geologist's investigation and report, based on the most recent plan. The engineering geological report shall include an adequate description of the geology of the site and conclusions of recommendations regarding the effect of geologic conditions on the proposed development. (Ord. 00-03 § 3 (part))

A. The City Building Official may require a soil investigation and report based on the most recent plan. B. The preliminary soil report shall be prepared by a soil engineer based upon adequate test borings or excavations. The report shall indicate the presence of critically expansive soils, or other soils problems, which if not corrected would lead to defects in structures, buildings or other improvements; and when it so indicates, it shall further report on an investigation of each lot of the development including recommended corrective action which is likely to prevent such defects or damage to each building, structure were improvements to be constructed. C. The preliminary soil report shall also contain: 1. Reports on the suitability of the earth material for construction of stable embankments and excavations slopes, including those necessary for any artificial or natural drainage channels;

Recommendations for construction procedures to obtain required stability; 3. Maximum design velocities for any natural or artificial drainage channel; and 4. Any other recommendations concerning slides, unstable soil conditions, springs and seepage conditions, erosion control planting, or drainage facilities to enable proper development of the site. D. The preliminary soil report shall be prepared on eight and one-half inch by eleven inch paper of durable quality and any maps or documents which accompany the report shall be of a convenient size and scale to fold to eight and one-half by eleven inches. (Ord. 00-03 § 3 (part))

All reports shall be subject to review by the City Building Official. Supplemental reports and data may be required as he or she may deem necessary. Recommendations included in the reports and approved by the City Building Official shall be incorporated in the development plan or specifications. (Ord. 00-03 § 3 (part))

No permit for grading work is valid unless fees required by ordinance of the City Council have been paid. (Ord. 00-03 § 3 (part))

If the City Building Official determines that the proposed work involves more than fifty thousand (50,000) cubic yards and will not be completed before the rainfall months, or that the nature of the proposed work is such that if left incomplete it will interfere with any natural or artificial drainage or will endanger adjoining property or a street, or will create a hazard to human life or any property or street, the owner shall furnish a bond, either cash or corporate surety bond at his or her option (but five hundred dollars ($500.00) of every bond must be in cash), in a form approved by the City Attorney or an instrument or instruments of credit approved by the City Attorney from one or more financial institutions subject to regulation by the state or federal government pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment on demand and agreeing that the funds designated by the instrument shall become trust funds for the purposes set forth in the instrument. (Ord. 00-03 § 3 (part))

A. The amount of bond shall be based upon the number of cubic yards of material in either excavation or fill, whichever is greater, plus the cost of all drainage and other protective devices or work necessary to eliminate geological hazards. That portion of the bond valuation based on the volume of material in either excavation or fill shall be computed as set forth in the following table: Ten thousand (10,000) cubic yards or less, one hundred percent (100%) of the estimated cost of grading work. Over ten thousand (10,000) cubic yards, one hundred percent (100%) of the cost of the first ten thousand (10,000) cubic yards, plus fifty percent (50%) of that portion in excess of ten thousand (10,000) cubic yards. B. When the rough grading has been completed in conformance with the requirements of this code, the City Building Official may at his or her discretion consent to a proportionate reduction of the bond to an amount estimated to be adequate to insure completion of the grading work, site development or planting remaining to be performed. The costs referred to in this chapter shall be as estimated by the City Building Official. (Ord. 00-03 § 3 (part))

Every bond shall include the conditions that the principal shall comply with all the provisions of this code, applicable laws and regulations, and all of the terms and conditions of the permit; but no extension of time under the permit shall release the surety upon the bond. (Ord. 00-03 § 3 (part))

The term of each bond shall begin on the date of its posting and shall end on the satisfactory completion of the terms and conditions of the permit as evidenced by a certificate of completion, a copy of which will be sent to any surety on request. (Ord. 00-03 § 3 (part))

Whenever the City Building Official finds that a default has occurred in the performance of any term or condition of any permit, he or she shall give written notice to the principal and surety on the bond, stating the work to be done to achieve a safe and satisfactory condition, its estimated cost, and the period of time he or she deems reasonably necessary to complete the work. (Ord. 00-03 § 3 (part))

After receiving a notice of default, the surety shall have the required work performed within the time specified in the notice. (Ord. 00-03 § 3 (part))

If a cash bond has been posted and the notice of default has been given to the principal, and if the principal does not comply with the notice within the specified time, the City Building Official may use the deposited cash to have the required work done, by contract or other means discretionary with the City Building Official. The balance, if any, of the deposit shall be returned to the depositor when the work is complete, after deducting the cost of the work. (Ord. 00-03 § 3 (part))

A. If the City Building Official finds that a default has occurred in the performance of any term or condition of the permit, the surety or the City Building Official or any person employed or engaged on behalf of either shall have the right to go on the site to complete the required work or make it safe. B. No person shall interfere with or obstruct the ingress or egress to or from the site by any authorized representative or agent of any surety or of the city engaged in completing the work required under the permit or in complying with the terms and conditions of the permit. (Ord. 00-03 § 3 (part))

On receiving a properly completed application and accompanying plans, other data, and twenty-five percent (25%) of the total fees, the City Building Official shall review the application and plans and make the field review to determine site conditions; and within ten working days of such receipt he or she shall notify the applicant of the approval or denial of the permit. (Ord. 00-03 § 3 (part))

The issuance of a permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit, or on the development plans and specifications approved by the City Building Official. (Ord. 00-03 § 3 (part))

Grading permits do not relieve the owner of the responsibility of securing permits or licenses that may be required from other departments or divisions of the governing agencies. (Ord. 00-03 § 3 (part))

The permittee shall fully perform and complete all of the work required to be done pursuant to the permit within the time limits specified or, if no time so specified, within one hundred eighty (180) days after the date of issuance of the permit. (Ord. 00-03 § 3 (part))

Approval of permits shall be made subject to the appropriate conditions or reservations required to protect public health, safety, and general welfare, including but not limited to the following: A. Completion of the work within a period approved by the City Building Official; B. Cleaning of the area and planting in accordance with approved plans; C. Designation of the area in which work may be done; D. Designation of the slope of excavation or filling, or the grade and elevation of excavation or filling; E. Reasonable provisions for controlling excessive dust; F. Hours of operation; G. Safety precautions to guide pedestrian and vehicular traffic in, around, and by the operation; H. Posting of a good and sufficient bond to assure compliance with the conditions; I.

Other conditions deemed necessary by the City Building Official and based on accepted engineering practices. (Ord. 00-03 § 3 (part))

Every permit shall contain (and shall be deemed to contain) the following provision: Execution of a "hold harmless" clause on the permit, which shall read as follows: By accepting this permit, the permittee, for himself, his contractors, and employees, promises to save, indemnify and hold harmless the City of Orinda and its employees, agents and representatives from all liabilities and claims for damages by reason of injury or death to any person(s), or damage to property, from any cause whatsoever while in, upon or in any way connected with the work covered by this grading permit, and does further promise to defend these indemnitees in any claim or action arising out of or as a result of the work done under this permit. (Ord. 00-03 § 3 (part))

A. Applications in which the design meets the requirements of this chapter and the construction is deemed not detrimental to adjoining properties or to the public interest shall be approved. When all fees and bonds are posted, a permit shall be issued, and the approval and issuance shall be noted on the application and plans. B. Applications and plans found inadequate or not in compliance with these regulations shall not be approved until revised to conform to the conditions and regulations prescribed under this chapter. (Ord. 00-03 § 3 (part))

A. Hazards. The City Building Official shall not issue a permit in any case where he or she finds that the work as proposed by the applicant is likely to adversely affect the stability of adjoining property or result in the deposition of debris on any public way or interfere with any existing drainage course or be in an area determined to be subject to geological hazard. If it can be shown to the satisfaction of the City Building Official that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, drainage devices, or by other means, he or she may issue the permit with the condition that such work be performed. B.

Land Use. The City Building Official shall not issue a grading permit for work that will not comply with all provisions of Title 17 and any conditions imposed by the planning agency on approval of the use. C. Existing Building or Zoning Code Violations. The City Building Official shall not issue a permit under this title if any building or zoning code violations exist on the site. D. Rejection and Revisions. Rejection of the application or plans shall be considered a denial of the permit. However, denial of a permit based on insufficient or inadequate plans shall not preclude the applicant from submitting a revised application or revised plans in connection with a pending application. E. Expiration and Renewal. Applications shall be considered pending until a grading permit is issued, denied, or withdrawn, but an application shall expire ninety (90) days from the date of its filing. An expired application may be renewed or a new application filed on payment of a new filing fee. (Ord. 00-03 § 3 (part))

Whenever any portion of the work requires entry onto adjacent property for any reason, the permit applicant shall obtain the written consent of the adjacent property owner or his or her authorized representative, and shall file a copy of the consent with the City Building Official before a permit for such work may be issued. (Ord. 00-03 § 3 (part))

When an application is approved and a permit issued, one set of plans and accompanying documents shall be clearly marked as reviewed and shall be returned to the applicant. This set shall be kept available for reference at the job site during grading and construction. The applicant may furnish additional sets of plans and documents for notation as reviewed for return to the applicant for his or her use. (Ord. 00-03 § 3 (part))

The permit shall be posted securely in a conspicuous location on the site. (Ord. 00-03 § 3 (part))

A.

All changes in the plans, grades, or extent of work shall be submitted to the City Building Official for written approval and incorporation into the permit, accompanied by any necessary fees, before any change in the approved work is begun. The City Building Official may amend the permit to approve altered plans or may deny approval of the changes. B. Failure to obtain prior approval for any change in the work shall be cause for the City Building Official to order suspension of all work until approval is obtained, and may result in revocation of the permit if he or she deems the changes will increase the hazard to adjoining properties or public roads, or otherwise be detrimental to public welfare. (Ord. 00-03 § 3 (part))

Before the expiration of a permit, the applicant may apply for an extension of time in which to complete the work. One extension of time may be granted by the City Building Official if in his or her judgment the public welfare is not impaired. The extension shall be for a period the City Building Official deems appropriate, but not longer than one year. Denial of an extension shall not preclude the permittee from applying for a new permit for the balance of the work, subject to conditions the City Building Official deems appropriate. The applicant shall file the surety's written consent to any extension of time before approval is effective. (Ord. 00-03 § 3 (part))

A. Any transfer of a permit from the permittee to another person shall be ineffective and void unless approved by the City Building Official. B. The transferee shall agree to comply with the requirements and conditions of the original permit and to any modification that may be required because of changes in the condition of the site or change in plans since the permit was issued. The transferee shall furnish the required sureties before the transfer of the permit will be approved. (Ord. 00-03 § 3 (part))

A. Grounds. A permit may be either suspended or revoked if the City Building Official finds that: 1.

Conditions at the site vary appreciably from those shown and stated in the application and development plans; 2. Grading or construction does not conform to the approved plans, grades or other conditions of the permit; 3. Cessation of work before completion has left the site in a condition hazardous to the public or to the adjacent properties, and the permittee has not complied with reasonable requirements for completion of the work within the time specified in the permit or an approved extension of time; 4. The permittee does not comply with reasonable requirements to safeguard the workmen, the public, or other persons acting in a lawful manner, during grading or construction operations; 5. In transporting materials or in the operation of equipment the applicant causes materials or litter to encroach, obstruct, or be deposited on pavement or in drainage channels within the public right-of-way, or causes unauthorized obstruction or diversion of drainage channels within the site area; or 6. Failure to have a qualified inspector working under the soil engineer on the site during grading or construction when required. B. Procedure. The City Building Official shall suspend or revoke a permit by making a written finding or order; and he or she may seize the permit and make appropriate notations on it of the suspension or revocation. Upon the written order of the City Building Official, any suspended permit may be either reinstated or revoked. C. Effect of Revocation. Whenever a permit has been revoked, work on the site shall not begin again until a new application incorporating the necessary revisions in plans or methods of operation required to fulfill the intent of this chapter and in accordance with these regulations, has been approved by the City Building Official. (Ord. 00-03 § 3 (part))

On issuance of a written notice to cease work, the permittee shall immediately cease all grading and hauling until written permission is received from the City Building Official allowing the permittee to proceed

after correcting the objectionable conditions or operations to eliminate the hazard or encroachment and to prevent recurrence of the situation. (Ord. 00-03 § 3 (part))

The City Building Official and other authorized city representatives shall have the right to enter the site at all times to inspect its condition and the methods of operation and to check or test any feature or operation involved in fulfilling the conditions of the permit. (Ord. 00-03 § 3 (part))

All work involving a fill intended to support structures, or grading where the City Building Official determines special conditions or unusual construction hazards exist, shall be performed under the inspection of a civil engineer or soil engineer, or both, and shall be designated "supervised development work." Work other than supervised development work shall be designated "regular development work." (Ord. 00-03 § 3 (part))

A. The City Building Official, upon notification from the permittee or his or her agent, shall inspect the work at the following stages of the work and shall either approve the portion then completed or shall notify the permittee or his agent when it fails to comply with the requirements of this chapter: 1. Initial. When the site has been cleared of vegetation and unapproved fill and has been scarified, benched or otherwise prepared and before any fill is placed; 2. Rough. When rough grading has been completed and approximate final elevations have been established; drainage terraces, swales and other drainage devices terraces, swales and other drainage devices graded ready for paving; and berms installed at the top of slopes; 3. Final. When work has been completed, all drainage devices, systems and facilities installed and slope planning established. B. In addition to the called inspections specified above, the City Building Official may: 1.

Make such other inspections as he or she deems necessary to determine that the work is being performed in compliance with the requirements of this chapter; and 2. Require investigations and reports by a soil engineer and/or engineering geologist. (Ord. 00-03 § 3 (part))

A. It shall be the responsibility of the soil engineer or civil engineer to inspect the operations and provide qualified full-time inspection, to assure compliance of the work with the approved development plans and with the requirements of this chapter. Periodic progress reports shall be submitted as required by the City Building Official and shall certify in writing to the satisfactory completion of work specified in Section 15.36.810. B. The soil engineer shall submit compaction data and soil engineering recommendations made during the development operation to the City Building Official. C. The civil engineer shall submit inspection reports regarding drainage facilities, lot drainage, finish grades, to the City Building Official. D. The engineering geologist shall submit inspection reports regarding geological conditions to the City Building Official. (Ord. 00-03 § 3 (part))

If the soil or civil engineer finds that the work is not in conformance with this chapter or with the plans approved by the City Building Official, or with good accepted practices, he or she shall immediately notify the permittee and the City Building Official in writing of the nonconformity and of the corrective measures to be taken. (Ord. 00-03 § 3 (part))

If the civil engineer or the soil engineer or the geologist is relieved of or otherwise terminates his or her duties prior to completion of the work shown on the grading plans, he or she shall report the fact in writing to the City Building Official within forty-eight (48) hours with a report on the status of the work.

(Ord. 00-03 § 3 (part))

If the applicant ceases work for any reason before the work is completed, he or she shall take all necessary steps to leave the premises in a condition that will be safe and will not cause damage to adjoining properties or to the public roads or to any natural or artificial drainage facilities through erosion of materials, landslides, or other instability of slopes and materials. (Ord. 00-03 § 3 (part))

The City Building Official shall issue a certificate of completion upon satisfactory completion of work under an approved permit. (Ord. 00-03 § 3 (part))

Cuts shall not be steeper in slope than two horizontal to one vertical unless the applicant furnishes a soil engineering or an engineering geology report, or both, certifying that the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property. The City Building Official may require the excavation to be made with a cut face flatter in slope than two horizontal to one vertical if he or she finds it necessary for stability and safety. (Ord. 00-03 § 3 (part))

Cut slopes exceeding forty (40) feet in vertical height shall have drainage terraces not less than five feet in width, measured from the outer edge of the terrace to the invert of the drain, at vertical intervals not exceeding thirty (30) feet except that where only one such terrace is required it shall be located at mid- height. For cut slopes exceeding one hundred (100) feet in vertical height, the drainage terrace near mid- height shall not be less than twelve (12) feet in width. Design and construction of drainage terraces shall conform to the requirements of Sections 15.36.1040 through 15.36.1100. (Ord. 00-03 § 3 (part))

Cut slopes shall be rounded off at the top and toe to blend and conform to existing terrain. (Ord. 00-03 § 3 (part))

Variations from the regulations in Sections 15.36.880 through 15.36.910 may be allowed by the City Building Official if they will provide equivalent safety, stability, and protection against erosion, as recommended by a soil engineer or engineering geologist.

(Ord. 00-03 § 3 (part))

Except as provided below, all fills shall be compacted throughout their full extent to a minimum of ninety percent (90%) of the maximum density as determined by the State Division of Highways Impact Method (Test No. 216F). Field density shall be determined by a method acceptable to the City Building Official. (Ord. 00-03 § 3 (part))

Compaction may be reduced to eighty-five percent (85%) of the maximum density, as determined by the above test, within the outer eight inches of fill slope surfaces when such compaction is provided by grid rolling or equivalent means. (Ord. 00-03 § 3 (part))

Fills not intended to support structures, subdivision streets or improvements need not be compacted to these standards if the City Building Official determines that such compaction is unnecessary as a safety measure. In making this determination, the City Building Official may require that an investigation be made by an approved soil testing agency to establish the characteristics of the soil, the amount of settlement to be expected and the susceptibility of the soil to erosion or slippage. (Ord. 00-03 § 3 (part))

Slope surfaces may be prepared for planting by scarifying, by the addition of top soil, or by other methods, if such loose material does not exceed a depth of three inches and said slopes otherwise comply with the requirements of Sections 15.36.920 through 15.36.1030. (Ord. 00-03 § 3 (part))

The natural ground surface shall be prepared to receive fill by removing vegetation or other incompetent material. Where the slope of the natural grade is five horizontal to one vertical or steeper, the fill shall be supported on benches cut into competent material. (Ord. 00-03 § 3 (part))

Compacted fill shall not create an exposed slope surface steeper than two horizontal to one vertical. The City Building Official may require a flatter slope if necessary for stability and safety. Slopes of fills which are not compacted in accordance with Sections 15.36.920 through 15.36.950 shall not exceed three horizontal to one vertical.

(Ord. 00-03 § 3 (part))

No organic or other reducible material shall be incorporated in fills. Except as recommended by the soil engineer and approved by the City Building Official, no rock or similar irreducible material with a maximum dimension greater than eight inches shall be buried or placed within forty-eight (48) inches of finish grade. (Ord. 00-03 § 3 (part))

Fill slopes exceeding thirty (30) feet in vertical height shall have drainage terraces not less than five feet in width, measured from the outer edge of the terrace to the invert of the drain, at vertical intervals not exceeding twenty-five (25) feet except that where only one such terrace is required it shall be located at mid-height. For fill slopes exceeding one hundred (100) feet in vertical height, the drainage terrace near mid-height shall be not less than twelve (12) feet in width. Design and construction of drainage terraces shall conform to the requirements of Sections 15.36.1040 through 15.36.1100. (Ord. 00-03 § 3 (part))

Where fill is to be placed above the top of an existing or proposed cut or natural slope steeper than three horizontal to one vertical, the toe of the fill shall be set back from the top edge of the slope a minimum distance of six feet, measured horizontally or such other distance as may be specifically recommended by a soil engineer or engineering geologist and approved by the City Building Official. Fills shall not toe out on slopes steeper than three horizontal to one vertical. (Ord. 00-03 § 3 (part))

Fill slopes shall be tapered into the existing terrain at the toe and shall be rounded off at the top. (Ord. 00-03 § 3 (part))

A. The property line of any proposed or existing site or parcel located within the grading project shall be located at the top of the slope or along any slope drainage terrace. B. Excavation and fill slopes shall be set back a minimum of three feet plus one-fifth the vertical height of the slope from the project boundary line with a maximum of ten feet. C.

Building and structures shall be set back from excavation or fill slopes a minimum of four feet plus one-fifth the vertical height of the slope, with a maximum of ten feet. (Ord. 00-03 § 3 (part))

Variations from the regulations in Sections 15.36.920 through 15.36.1030 may be allowed by the City Building Official if they will provide equivalent safety, stability, and protection against erosion, as recommended by a soil engineer or engineering geologist. (Ord. 00-03 § 3 (part))

Storm drainage structures, systems and facilities shall be provided as required by the City Building Official and in accordance with standard specifications on file in the Building Inspection Department. Design shall be in accordance with recognized principles of hydraulics. (Ord. 00-03 § 3 (part))

All drainage facilities shall be designed to carry surface waters to the nearest practical street, storm drain, or natural watercourse, approved by the City Building Official as a safe place to discharge such waters. If the drainage device discharges onto natural ground, rip-rap or a similar energy dissipator may be required. (Ord. 00-03 § 3 (part))

Graded building sites (building pads) shall have a minimum slope of two percent towards a public street or drainage facility approved to receive storm waters. A lesser slope may be approved by the City Building Official for sites graded in relatively flat terrain, or where special drainage provisions are made, when such modification will not result in unfavorable drainage conditions. (Ord. 00-03 § 3 (part))

A. All swales or ditches on drainage terraces shall have a uniform longitudinal grade of not less than one percent nor more than three percent and a minimum depth of one foot at the deepest part. Such terraces shall drain into a paved gutter, pipe or approved watercourse adequate to convey the water to a safe disposal area. B.

The drainage terrace shall be provided with a lined ditch, if required by a soil engineer for stability or prevention of erosion. (Ord. 00-03 § 3 (part))

Berms, swales or other devices shall be provided at the top of cut or fill slopes to prevent surface waters from flowing over or onto and damaging the face of the slope. Special drainage provisions shall be made where a building or structure exists within five feet of the top of a slope. (Ord. 00-03 § 3 (part))

The permittee and owner shall maintain drainage facilities, in conformance with the requirements of this chapter during and after construction. (Ord. 00-03 § 3 (part))

Variations from the regulations in Sections 15.36.1040 through 15.36.1100 may be allowed by the City Building Official if they will provide equivalent safety, stability, and protection against erosion, as recommended by a soil engineer or engineering geologist and recommended by the County Flood Control District. (Ord. 00-03 § 3 (part))

The surface of all erodible cut slopes more than five feet in height and fill slopes more than three feet in height shall be protected against erosion by planting with grass or ground cover plants. The plants and planting methods shall be suitable for the soil and climatic conditions of the site and in accordance with standard specifications on file in the city Building Inspection Department. (Ord. 00-03 § 3 (part))

The planting shall be installed after rough grading. Final approval of the work shall be made when growth is established on the slopes. (Ord. 00-03 § 3 (part))

Variations from the regulations in Sections 15.36.1110 through 15.36.1130 may be allowed by the City Building Official if they will provide equivalent safety, stability, and protection against erosion, as recommended by a soil engineer or engineering geologist.

(Ord. 00-03 § 3 (part))

Excavation, grading or construction of fills may be prohibited by the City Building Official during the months in which he finds that rainfall will likely preclude compliance with these requirements. (Ord. 00-03 § 3 (part))

Encroachment of operations on public rights-of-way without an encroachment permit from the governing body is prohibited except for hauling of legal loads by vehicles permitted by law to operate on public roads. (Ord. 00-03 § 3 (part))

Operations shall be controlled to prevent nuisances to public and private property because of dust, drainage, removal of natural support of land and structures, encroachment, noise, and vibration. (Ord. 00-03 § 3 (part))

Blasting or other use of explosives shall be conducted in accordance with regulations adopted by the City Council, the State Fire Marshal, and local fire authorities. (Ord. 00-03 § 3 (part))

A. Compliance with Plans and this Chapter. The permittee, his or her agent, contractor or employee, shall carry out the proposed work only in accordance with the approved plans and specifications and in compliance with all the requirements of this chapter. B. Inspections. In performing regular development work it shall be the responsibility of the permittee to notify the City Building Official at least one working day in advance so that the inspections required by Sections 15.36.790 through 15.36.840 can be made. C. Protection of Utilities. During grading operations the permittee shall be responsible for the prevention of damage to any public utilities or services. D.

Temporary Erosion Control. The permittee shall effect and maintain precautionary measures necessary to protect adjacent watercourses and public or private property from damage or erosion, flooding, and deposit of mud or debris originating from the site. (Ord. 00-03 § 3 (part))

The City Building Official may require the following reports and shall not finally approve any development or work until all required maps and reports have been submitted and approved: A. A final report by the civil engineer certifying that all grading, lot drainage and drainage facilities have been completed and the slope planning installed in conformance with the approved plans and requirements of this title with a final contour map if the work is not in substantial conformity with the approved plans; B. A report by the soil engineer including the recommended soil bearing capacity, a statement as to the expansive qualities of the soil, and summaries of field and laboratory tests. The location of such tests and the limits of the compacted fill shall be shown on a final plan which shall also show by plan and cross- section the location of any subdrains, rock disposal areas and/or buttress fills involved in the work; C. An engineering geologist's report based on the final contour map including specific approval of the grading as affected by geological factors. The report shall include a revised geologic map and cross-sections, with recommendations regarding the location of buildings or sewage disposal systems. (Ord. 00-03 § 3 (part))

The City Building Official may require the submission of a preliminary soil investigation report or engineering geological report, or both, before issuing a building permit for a structure to be placed on any fill or embankment constructed before August 11, 1969, or excepted from the requirement for a grading permit, or on any other lot or parcel on which critically expansive soils, slide conditions, or other soils, or geologic hazards exist or may reasonably be anticipated to exist. If the City Building Official determines that the action recommended in this report is likely to prevent structural damage to the proposed structure, he or she shall approve the report and the recommended action contained in the report shall become a part of the required construction as a condition of the permit. (Ord. 00-03 § 3 (part))

A.

The City Building Official may conduct a field investigation and site evaluation of a lot or parcel prior to application for a grading or building permit if the owner submits a written request and the fee required by Section 15.36.470. B. The investigation shall determine what information, engineering data or plans will be required to be submitted with the application for grading or building permits and under what conditions the permits would be issued. C. No fees or written request will be necessary after an application for a building or grading permit has been accepted or if the City Building Official initiates the field investigation. (Ord. 00-03 § 3 (part))