Chapter 16.28 — GRADING AND EROSION AND SEDIMENT CONTROL

• Editor's Note: This chapter was previously entitled "Excavations, Grading and Fills," and was renamed by Ordinance No. 4564.

Prior ordinance history: Prior code §§ 34.601 - 34.630; Ord. 2417, and § 63 of Ord. 2960 were also previously codified in this chapter, and were not specifically repealed by adoption of Ord. 4564.

The purpose of this chapter is to provide for safe grading operations, to safeguard life, limb and property, and to preserve and enhance the natural environment, including, but not limited to, water quality, by regulating clearing and grading on private property. This chapter shall not apply to grading associated with excavation in public streets, grading in connection with construction of a public improvement or public work for which inspection is provided by the city or other public agency, nor grading by a public utility.

(Ord. 4564 § 1 (part), 1999)

This chapter sets forth rules and regulations to control land disturbances, land fill, soil storage, and erosion and sedimentation resulting from such activities. This chapter establishes procedures for issuance, administration and enforcement of a permit.

(Ord. 4564 § 1 (part), 1999)

When used in this chapter, the following words shall have the meanings ascribed to them in this section.

(a) "Applicant" means any person, corporation, partnership, association of any type, public agency, or any other legal entity who submits an application to the building official for a permit pursuant to this chapter.

(b) "As-graded" means the surface conditions extant on completion of grading.

(c) "Bedrock" means in-place solid rock.

(d) "Bench" means a relatively level step excavated into earth material on which fill is to be placed.

(e) “Best management practices” or “BMPs” means a technique or series of techniques which, when used in an erosion control plan, is proven to be effective in controlling construction-related runoff and erosion.

(f) "Borrow" means earth material acquired from an off-site location for use in grading on a site.

(g) "Building official" means the chief building official of the city of Palo Alto and his/her duly authorized designees.

(h) "City engineer" means the city engineer of the city of Palo Alto and his/her duly authorized designees.

(i) "Civil engineer" means a professional engineer registered in the state of California to practice in the field of civil works.

(j) "Civil engineering" means the application of the knowledge of the forces of nature, principles of mechanics, and the properties of materials to the evaluation, design, and construction of civil works for the beneficial uses of mankind.

(k) "Compaction" means the densification of a fill by mechanical means.

(l) "Drainageway" means a natural or manmade channel which collects and intermittently or continuously conveys storm water runoff.

(m) "Earth material" means any rock, natural soil, or fill, and/or combination thereof.

(n) "Engineering geologist" means a geologist experienced and knowledgeable in engineering geology and certified by the state of California to practice engineering geology.

(o) "Engineering geology" means the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

(p) "Erosion" means the wearing away of the ground surface as a result of the movement of wind, water, and/or ice.

(q) "Final erosion and sediment control and storm water pollution prevention plan ('final plan')" means a set of best management practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a particular site after all other planned final structures and permanent improvements have been erected or installed.

(r) "Grade" means the vertical location of the ground surface. "Existing grade" means the grade prior to grading. "Rough grade" means the stage at which the grade approximately conforms to the approved plan. "Finish grade" means the final grade of the site which conforms to the approved plan.

(s) “Grading” means any civil engineering or landscape construction work that involves establishing a level base, or one with a specified slope, for foundations, surface drainage or other construction work.

(t) “Groundwater” means water that is found underground in the cracks and spaces in soil, sand and rock formations called aquifers.

(u) “Groundwater exclusionary techniques” means methods that use cut-off walls and other barriers to minimize or exclude groundwater from the excavation.

(v) “Groundwater plume” means a volume of contaminated (polluted) groundwater in an aquifer that extends downward and outward from a specific source (usually a site where pollutants have been released to the ground and entered groundwater).

(w) “Groundwater plume area” means a groundwater plume with a specific buffer of five hundred feet from the outer-boundary of the mapped groundwater plume, or a lesser distance from the outer-boundary as determined by the city engineer and established in the regulations adopted under Section 16.28.155(i) of this chapter.

(x) “Interim erosion and sediment control and stormwater pollution prevention plan” or “interim plan” means a set of best management practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a particular site during the period in which pre- construction and construction-related land disturbances, fills, and soil storage occur, and before final improvements are completed.

(y) “Key” means a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.

(z) “Land disturbance” or “land-disturbing activities” means any moving or removing by manual or mechanical means of the soil mantle or top six inches (6") of soil, whichever is shallower, including but not limited to excavations.

(aa) “Land fill” means any human activity depositing soil or other earth materials.

(bb) “Manual of standards” means a compilation of technical standards and design specifications published by the Association of Bay Area Governments.

(cc) “Permittee” means the applicant in whose name a valid permit is duly issued pursuant to this chapter and his/her agents, employees, and others acting under his/her direction.

(dd) “Sediment” means earth material deposited by water or wind.

(ee) “Site” means any lot or parcel of land, or contiguous combination under the same ownership where grading is performed or permitted.

(ff) “Slope” means an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

(gg) “Soil” means naturally occurring superficial deposits overlying bedrock.

(hh) “Soils engineer” means a professional civil engineer experienced and knowledgeable in the practice of soils engineering and licensed by the state of California for practice in that field.

(ii) “Soils engineering” means the application of the principles of soils mechanics in the investigation, evaluation, and design of civil works involving the use of earth materials and the inspection and/or testing of the construction thereof.

(jj) “Temporary construction-related ground-water de-watering” means temporary pumping of groundwater to facilitate construction of below ground structures such as basements and garages. Discharge may occur to either the sanitary sewer or storm drain system, depending on project type.

(kk) “Wet season” means the period from October 1 to April 15.

(Ord. 5425 § 1, 2018: Ord. 5410 § 2, 2017: Ord. 4564 § 1 (part), 1999)

Whenever the building official or city engineer determines by inspection that any existing excavation, embankment, or fill from any cause has become a hazard to life or limb, or endangers property, or affects the safety, usability or stability of any public property, the owner of the property upon which such excavation or fill is located or other person or agent in control of the property, upon receipt of notice in writing from the building official or city engineer to do so, shall, within a maximum of one hundred eighty days from the date of such written notice, repair or reconstruct such excavation or fill, so that it will conform to the requirements of this chapter, or otherwise repair, reconstruct, strengthen or eliminate such excavation, embankment, or fill in a manner satisfactory to the building official or city engineer, so that it will no longer constitute a menace or danger as aforesaid. A shorter period of time may be specified by the building official or city engineer if an imminent and immediate hazard is found to exist.

(Ord. 4564 § 1 (part), 1999)

Neither this chapter nor any administrative decision made under it:

(a) Exempts the permittee from procuring other required permits or complying with the requirements and conditions of such a permit; or

(b) Limits the right of any person to maintain, at any time, any appropriate action, at law or in equity, for relief or damages against the permittee arising from the permitted activity.

(Ord. 4564 § 1 (part), 1999)

No person shall grade, fill, excavate, store, or dispose of soil and earth materials, perform any other land-disturbing or land-filling activity, or engage in temporary construction- related dewatering, without first obtaining a permit as set forth in this chapter, except when the activity is performed in accordance with one or more of the general or specific exemptions set forth in Sections 16.28.070 and 16.28.080. Exemption from the requirement to obtain a permit does not provide relief from the requirement to conduct all grading activities in conformance with the general grading requirements contained in Sections 16.28.270 through 16.28.340 of this chapter.

(Ord. 5425 § 2, 2018: Ord. 5410 § 3, 2017: Ord. 4564 § 1 (part), 1999)

All land-disturbing, land-filling, soil storage, and grading activities, and all temporary construction-related groundwater dewatering, shall be undertaken in a manner designed to minimize surface runoff and erosion, and impacts to downstream waterbodies, and to safeguard life, limb, property, and the public welfare.

(Ord. 5425 § 3, 2018)

A person performing land-disturbing, land-filling, soil storage, and grading activities in conformance with Section16.28.065, except where performing temporary construction-related dewatering, need not apply for a permit pursuant to this chapter, if all the following criteria are met:

(a) The site upon which land area is to be disturbed or filled is less than 10,000 square feet.

(b) Natural and finished slopes are flatter than 10:1.

(c) Volume of soil or earth materials stored is 100 cubic yards or less.

(d) Rainwater runoff is diverted to a nearby pervious area (e.g., landscaped area) during and after construction, from an area smaller than 5,000 square feet.

(e) An impervious surface, if any, of less than 5,000 square feet is created.

(f) No drainageway is blocked or has its stormwater carrying capacities or characteristics modified.

(g) The activity does not take place within 100 feet by horizontal measurement from the top of the bank of a watercourse, the mean high watermark (line of vegetation) of a body of water or the boundary of the wetlands associated with a watercourse or water body, whichever distance is greater.

(Ord. 5425 § 4, 2018: Ord. 5410 § 4, 2017: Ord. 4564 § 1 (part), 1999)

Sections 16.28.060 and 16.28.070(a) – (f) notwithstanding, the following activities are exempt from the permit requirements of this chapter.

(a) An excavation below finished grade for the footing of a building, retaining wall, or other structure authorized by a valid building permit, excluding basements and below grade parking structures. This shall not exempt any fill made with the material from such excavation nor shall it exempt any excavation having an unsupported depth greater than five feet after the completion of the structure.

(b) Cemetery graves.

(c) Refuse disposal sites controlled by other regulations.

(d) Excavations for wells, sanitary sewers, water pipes, natural gas pipes, and electrical/ communications conduits or cables. However, when such excavation is performed within a public utility easement, an encroachment permit is required.

(e) Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or clay, where authorized and regulated by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property.

(f) Exploratory excavations under the direction of soils engineers or engineering geologists.

(g) Routine agricultural crop management practices.

(h) Emergencies posing an immediate danger to life or property, or substantial flood or fire hazards.

(i) Any activity where the total volume of material disturbed, stored, disposed of, or used as fill does not exceed 100 cubic yards and does not obstruct or modify the storm water carrying capacity or characteristics of a drainage course.

(j) Sections 16.28.060 and 16.28.070 (a) – (g) notwithstanding, any activity where the total volume of material disturbed, stored, disposed of, or used as fill does not exceed five cubic yards is always exempt from the permit requirements.

(k) Any grading or construction activity within a Santa Clara Valley Water District right-of-way or easement which requires a water district encroachment permit.

(Ord. 5043 § 2, 2009: Ord. 4932 § 2, 2007: Ord. 4564 § 1 (part), 1999)

The application for a permit shall include all of the following items:

(a) Application form.

(b) Site map and grading plan.

(c) Interim erosion and sediment control and storm water pollution prevention plan (also referred to, collectively, as "interim plan").

(d) Final erosion and sediment control and storm water pollution prevention plan (also referred to, collectively, as "final plan"), where required.

(e) Soils engineering report, unless waived by the city engineer.

(f) Engineering geology report, unless waived by the city engineer.

(g) Work schedule.

(h) Application fees.

(i) Performance bond or other acceptable security, in accordance with Section16.28.170.

(j) The route or routes proposed to be followed within the city in coming to and going from the site by the trucks used to haul borrow or excess excavated material and the trucks used to haul the grading equipment.

(k) Any supplementary material required by the building official or the city engineer.

(Ord. 4564 § 1 (part), 1999)

The following information is required on the application form:

(a) Name, address, and telephone number of the applicant and the property owner.

(b) Street address of the property on which the work is to be performed.

(c) Names, addresses, and telephone numbers of any and all contractors, subcontractors, or persons actually doing the land-disturbing and land- filling activities, and their respective tasks.

(d) Name(s), address(es), and telephone number(s) of the person(s) responsible for the preparation of the site map and grading plan.

(e) Name(s), address(es), and telephone number(s) of the person(s) responsible for the preparation of the interim and/or final plan(s).

(f) Name(s), address(es), and telephone number(s) of the registered engineer(s) responsible for the preparation of the soils engineering and engineering geology reports, where required.

(g) A vicinity map showing the location of the site in relationship to the surrounding area's watercourses, water bodies, and other significant geographic features, and roads and other significant structures.

(h) Name(s), address(es), and telephone number(s) of the person(s), if any, who will receive excavated material removed from the site.

(i) Date of the application.

(j) Signature(s) of the owner(s) of the site or of an authorized representative.

(Ord. 4564 § 1 (part), 1999)

The Site Map and Grading Plan (also referred to, collectively, as "grading plan") shall be prepared and signed by an individual licensed or registered by the state of California to perform such grading design and shall contain all the following information.

(a) Existing and proposed topography of the site taken at a contour interval sufficiently detailed to define the topography over the entire site. Ninety percent of the contours shall be plotted within one contour interval of the true location.

(b) Two contour intervals that extend a minimum of 100 feet off-site, or sufficient to show on- and off-site drainage.

(c) The property lines of the site shown in true location with respect to the plan's topographic information.

(d) Location and graphic representation of all existing and proposed natural and manmade drainage facilities.

(e) Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, and other protective devices to be constructed with or as a part of the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drain.

(f) Location and graphic representation of proposed excavations and fills, of on-site storage of soil and other earth material, and of on-site disposal.

(g) Location of existing vegetation types and the location and type of vegetation to be left undisturbed, including the location, species, size, and dripline area of all trees (including public trees within 30 feet of the site and trees on neighboring properties that overhang the site).

(h) Location of proposed final surface runoff, erosion, and sediment control measures.

(i) Quantity of soil or earth material in tons and cubic yards to be excavated, filled, stored, or otherwise utilized on-site.

(j) Outline of the methods to be used in clearing vegetation, and in storing and disposing of the cleared vegetative matter.

(k) Proposed sequence and schedule of excavation, filling, and other land-disturbing and filling activities, and soil or earth material storage and disposal.

(l) Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within fifteen feet of the property or which may be affected by the proposed grading operations.

(m) Information covering construction and material requirements and specifications.

(n) Such further applicable plans or drawings as the building official or city engineer may require in order to carry out the purposes of this chapter.

The building official or city engineer may waive any of the requirements of this section if he/she finds that the information on the application is sufficient to show that the work will conform to the requirements of this chapter.

(Ord. 4564 § 1 (part), 1999)

All the following information shall be provided with respect to conditions existing on the site during land-disturbing or filling activities or soil storage:

(a) Maximum surface runoff from the site shall be calculated using the method approved by the city engineer and maintained in the Manual of Standards, or any other method proven to the city engineer to be as or more accurate.

(b) The interim erosion and sediment control and storm water pollution prevention plan (also referred to, collectively, as "interim plan") shall also contain the following information:

(1) A delineation and brief description of the measures to be undertaken to retain sediment on the site, including, but not limited to, the designs and specifications for sediment detention basins and traps; silt fences; straw bales; and stabilized construction entrances, and a schedule for their maintenance and upkeep;

(2) A delineation and brief description of the surface runoff and erosion control measures to be implemented, including, but not limited to, types and method of applying seeds and mulches, and designs and specifications for diverters, dikes, and drains, and a schedule for their maintenance and upkeep;

(3) A delineation and brief description of the vegetative measures to be used, including, but not limited to, types of seeds and fertilizer and their application rates, the type, location and extent of pre-existing and undisturbed vegetation types, and a schedule for their maintenance and upkeep;

(4) A delineation and brief description of the measures to be implemented to control potential storm water pollution during construction from sources including, but not limited to, construction material storage and disposal; vehicle/equipment cleaning, maintenance, and fueling; dewatering; paving; saw cutting; concrete/mortar placement; and painting, and a schedule for their maintenance and upkeep.

(c) The location of all the measures listed by the applicant under subsection (b) of this section shall be depicted on the grading plan, or on a separate plan at the discretion of the city engineer.

(d) An estimate of the cost of implementing and maintaining all interim erosion and sediment control measures must be submitted in a form acceptable to the city engineer.

(e) The applicant may propose the use of any erosion and sediment control techniques in the interim plan provided such techniques are proven to be as or more effective than the equivalent best management practices contained in the Manual of Standards.

(Ord. 4564 § 1 (part), 1999)

All the following information shall be provided with respect to conditions existing on the site after final structures and improvements (except those required under this section) have been completed and where these final structures have not been covered by an interim plan (see Section 16.28.220):

(a) Maximum runoff from the site shall be calculated using the method approved by the city engineer and maintained in the Manual of Standards, or any other method proven to the city engineer to be as or more accurate.

(b) The final plan shall also contain the following information:

(1) A description of and specifications for sediment retention devices;

(2) A description of and specification for surface runoff and erosion control devices;

(3) A description of vegetative measures;

(4) A description of the permanent control measures to be incorporated into the final structures and improvements in order to improve the quality of storm water runoff from the site, including, but not limited to, grassy swales, storm drain inlet filters, covered or bermed dumpster areas, covered loading docks, permeable pavement materials, storm drain inlet stencils, covered parking areas, and other permanent storm water pollution prevention control measures acceptable to the city engineer.

(5) A graphic representation of the location of all items in subsections(b)(1) - (4) of this section;

(c) An estimate of the costs of implementing all final erosion and sediment control measures must be submitted in a form acceptable to the city engineer.

(d) The applicant may propose the use of any erosion and sediment control techniques in the final plan provided such techniques are proven to be as or more effective than the equivalent best management practices contained in the Manual of Standards.

(Ord. 4564 § 1 (part), 1999)

A soils engineering report shall be based on adequate and necessary test borings, and shall contain all the following information:

(a) Data regarding the nature, distribution, strength, and erodibility of existing soils.

(b) Data regarding the nature, distribution, strength, and erodibility of soil to be placed on the site, if any.

(c) Data regarding existing and projected maximum groundwater levels at the site.

(d) Conclusions and recommendations for grading procedures, taking into account the soils and groundwater data listed above.

(e) Conclusions and recommended designs for interim soil stabilization devices and measures and for permanent soil stabilization after construction is completed.

(f) Design criteria for corrective measures when necessary.

(g) Opinions and recommendations covering adequacy of sites to be developed by the proposed grading.

Recommendations included in the report and approved by the city engineer shall be incorporated in the grading plans or specifications.

(Ord. 4564 § 1 (part), 1999)

An engineering geology report shall be based on adequate and necessary test borings and shall contain the following information:

(a) An adequate description of the geology of the site.

(b) Conclusions and recommendations regarding the effect of geologic conditions on the proposed development.

(c) Opinions and recommendations covering the adequacy of sites to be developed by the proposed grading.

Recommendations included in the report and approved by the city engineer shall be incorporated in the grading plans or specifications.

(Ord. 4564 § 1 (part), 1999)

(a) Compliance with regulations. Where temporary construction-related groundwater dewatering will be required, applicants shall conduct dewatering in full compliance with the provisions of this chapter, including this section, the regulations established by the city engineer, and all permit conditions. Applicants shall promptly implement corrective actions identified and required by the city engineer, including, but not limited to, directives requiring immediate cessation of discharge.

(b) Types of dewatering. Temporary construction-related groundwater dewatering may be conducted using 1) groundwater exclusionary techniques (e.g., secant wall), or 2) controlled groundwater pumping.

(c) Groundwater exclusionary technique submittal requirements. When groundwater exclusionary techniques will be required or utilized, applicants shall submit to the city engineer a street work permit application, and a dewatering plan and traffic control plan in a form approved by the city engineer.

(d) Groundwater exclusionary technique operational requirements. Temporary construction-related groundwater dewatering through groundwater exclusionary techniques shall be conducted in compliance with the following:

(1) The rate of discharge of groundwater shall be limited to thirty gallons per minute or less.

(2) Groundwater discharge shall be percolated onto the same property where pumping is occurring rather than discharged into the storm drain system, if feasible.

(3) The approved dewatering plan and traffic control plan for the project, approved by the city engineer, shall be followed during dewatering activities. The traffic control plan shall include, among other provisions, an appropriate schedule for an attendant to be present on the street during the period of the installation of groundwater exclusionary technique.

(4) Discharge of groundwater to the city storm drain or sanitary sewer systems shall only occur from April 1 through October 31. The city may grant an exemption and allow discharge from November 1 through March 31, upon application, if:

(A) The discharge is limited to an average of ten gallons per minute over a twenty-four hour period and other conditions warrant allowance of discharge; or

(B) It is demonstrated that a ten year storm event can be accommodated by the receiving storm drain system and water system to the satisfaction of the city engineer.

(C) Any such exemption granted under subsections (A) or (B) above shall be subject to immediate cessation orders from the city. A cessation order may be issued for reasons including, but not limited to: capacity issues in the storm drain or sanitary sewer systems; the discharge is causing or contributing to surcharging in the storm drain or sanitary sewer systems; the storm drain or sanitary sewer systems fail; excess flow entering the Palo Alto Regional Water Quality Control Plant; emergency or routine maintenance of city infrastructure; and protection of the environment, public health, safety and welfare. The applicant shall immediately comply with any cessation order issued.

(5) The applicant shall install a groundwater monitoring well, and during the construction period of the underground structure, submit periodic groundwater level and other measurements and reports as required by the city engineer. During pumping, the groundwater monitoring water level shall be measured at a monitoring well located at a farthest feasible point on the subject site from the underground structure. This monitoring shall be conducted daily for the first two weeks, then weekly thereafter.

(6) Designs and plans submitted to the city engineer for approval shall incorporate all of the requirements hereinabove.

(e) When controlled groundwater pumping required. If the rate of groundwater discharge is greater than thirty gallons per minute, the requirements of subsections (f) and (g) below shall be followed.

(f) Controlled groundwater pumping submittal requirements. When controlled groundwater pumping will be required, applicants shall submit the following to the city engineer:

(1) The applicant shall prepare and submit a street work permit application, a dewatering plan and a groundwater use plan, all in a form approved by the city engineer. The groundwater use plan shall show how the groundwater will be used to the maximum extent practicable and incorporate the operational requirements of subsection (h) below.

(2) The applicant shall submit a dewatering hydrogeological study conforming to the regulations issued by the city engineer, adhere to the study's findings, and make modifications as directed by the city engineer. Avoidance measures identified in the study shall be employed to the maximum extent practicable to minimize the flow rate and duration of the pumping, even when off-site effects are not specifically identified. The dewatering hydrogeological study shall be stamped by a California licensed hydrogeologist or equivalent and submitted to the city.

(3) The applicant shall submit a pre- construction building condition survey and report on structures on adjacent parcels prepared by a qualified professional and meeting the standards established by the city engineer. The survey shall include a photographic and narrative report on the interior and external condition of each structure and surveyed and marked elevations of adjacent parcels, with particular attention to the condition of concrete foundations, structural connections, brickwork, plasterwork and other architectural finishes that are susceptible to cracking. The report shall assess the likelihood that the proposed dewatering would cause effects (including but not limited to settlement or movement) on off-site private or public structures or infrastructure, including the right-of-way, easements, and utilities within public utility easements, and the health or viability of vegetation or trees. To the extent that report concludes that off-site effects are reasonably likely to occur, the applicant shall identify avoidance measures to be implemented that will minimize the type and severity of those effects, and shall develop a monitoring plan to assess any actual effects on vegetation, trees, structures and infrastructure.

(g) Controlled groundwater pumping operational requirements. Temporary construction-related groundwater dewatering through controlled groundwater pumping shall be conducted in compliance with the following:

(1) Dewatering shall only occur April 1 through October 31, if discharge to the storm drain or sanitary sewer system is required. The city may grant an exemption and allow discharge from November 1 through March 31, upon application, if it is demonstrated that a ten year storm event can be accommodated by the receiving storm drain system and water system to the satisfaction of the city engineer. Any such exemption shall be subject to immediate cessation orders from the city, which shall be complied with immediately upon issuance.

(2) Groundwater pumping for underground residential structures shall be limited to ten weeks, with an additional two week start-up period. At the end of the start-up period, the applicant must demonstrate compliance with all performance and water quality standards established by the city engineer.

(3) The applicant shall verify the anticipated drawdown curve in the dewatering hydrogeological study with a pump test performed on monitoring wells installed on the project site, as specified by the city engineer. Following the two-week start-up period, the dewatering, pumping rates and maximum amount of water pumped on a daily basis shall be limited to the values calculated in verification study.

(4) Fill station(s) shall be designed to provide the minimum delivery flowrates and incorporate instructional and public safety signage in accordance with the regulations issued by the city engineer.

(5) The applicant shall deliver pumped groundwater to any nearby parks and schools as requested by the city.

(6) The applicant shall truck water one full day (eight hours) per week from the project site to irrigation sites as directed by the city during the first six weeks of dewatering activities (not including the two-week start-up period). The applicant shall truck water five days per week (eight hours per day) during the remainder of the dewatering period.

(7) The applicant shall allow adjacent properties to use hoses connected to the fill station(s). If used, applicant must set up hoses with bridges along sidewalks. Hoses shall be placed in a manner that is safe to the public and does not cause damage to neighboring or city property, and shall not cross the street. The city engineer may modify these requirements as circumstances require.

(8) Prior to the commencement of dewatering activities, the applicant shall notify occupants of neighboring properties of the temporary construction and availability of water.

(9) The applicant shall use the pumped groundwater on-site for dust suppression and other construction needs.

(10) Prior to pouring a basement slab, groundwater may be pumped no deeper than three feet below the depth of the slab, measured at the center. After the slab is poured, groundwater may be pumped no deeper than one foot below the center.

(11) The applicant shall install a groundwater monitoring well prior to the commencement of dewatering, and during the construction period of the underground structure, submit periodic groundwater level and other measurements and reports as required by the city engineer.

(A) During pumping, the groundwater monitoring water level shall be measured at a monitoring well located at a farthest feasible point on the subject site from the underground structure. This monitoring shall be conducted daily for the first week, then weekly thereafter. At the end of the start-up period or thereafter, if drawdown results are greater than anticipated, the applicant shall submit a revised dewatering hydrogeological study and any revised conclusions on impacts of the groundwater drawdown.

(B) Survey and mark land elevations on structures on adjacent parcels weekly, if allowed by the adjacent property owners. These locations should coincide with the pre-construction building condition survey. If permission is not granted, inform the city immediately.

(12) While discharging to the storm drain system, construction work on the underground structure shall be continuous, occurring daily, and make progress towards completion of the underground structure without delay.

(h) City engineer authority to issue regulations. The city engineer is authorized to establish and from time to time revise regulations to implement this section and related provisions of this chapter and to advance the goals of minimizing temporary construction-related dewatering and reducing its impacts.

(Ord. 5425 § 5, 2018: Ord. 5410 § 5, 2017)

For temporary construction-related groundwater dewatering in the groundwater plume area, the following additional requirements must be followed:

(a) The applicant shall contact the city's watershed protection group for guidance and requirements on sampling, treatment and disposal of temporary construction-related groundwater.

(b) The city engineer may require monitoring and an associated plan for specific pollutants. The applicant shall adhere to any such requirements established by the city engineer.

(Ord. 5425 § 6, 2018)

The applicant shall submit a master work schedule showing the following information:

(a) Proposed grading schedule.

(b) 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.

(c) Proposed schedule for installation of all interim 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 (b) of this section.

(d) Schedule for construction of final improvements, if any.

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

(Ord. 4564 § 1 (part), 1999)

If, in the opinion of the city engineer, the nature of the work regulated by this chapter is such that if left incomplete will create a hazard to human life or endanger adjoining property or property at a higher or lower level, or any street or street improvement, or any other public property, the applicant shall provide security for the performance of the work described and delineated on the approved grading plan, interim plan, and final plan in an amount to be set by the city engineer. The form of security shall be one or a combination of the following to be determined by the city engineer:

(a) A bond or bonds issued by one or more duly authorized corporate sureties. The form of the bond or bonds shall be subject to the approval of the city attorney;

(b) The deposit, either with the city or a responsible escrow agent or trust company, at the option of the city, of money, negotiable bonds of the kind approved for securing deposits of public monies, or other instrument of credit from one or more financial institutions subject to regulation by the state or federal government wherein said financial institution pledges that funds are and will remain on deposit and guaranteed for payment;

(c) Cash in U.S. currency.

(Ord. 4564 § 1 (part), 1999)

Fees shall be paid pursuant to the municipal fee schedule.

(Ord. 4564 § 1 (part), 1999)

The city engineer and the building official shall review all documents submitted pursuant to this chapter and, if necessary, request additional data,

clarification of submitted data or correction of defective submissions. The city engineer or building official shall notify the applicant in writing of his/her decision on the permit.

(Ord. 4564 § 1 (part), 1999)

Permits issued under this chapter shall be valid for the period set forth in the permit. The term of the permit may be extended upon receipt and approval of a request from the permittee as specified in Sections 16.28.240 and 16.28.250. If the permittee has not commenced permitted activities within sixty days of the scheduled commencement date for grading, the permit shall expire, and the permittee shall resubmit all required application forms, maps, plans, schedules, and security to the building official except where an item to be resubmitted is waived by the building official. The building official may require additional fees if the application is modified from its previously approved form.

(Ord. 4564 § 1 (part), 1999)

A permit issued pursuant to this chapter may be transferred only if the following conditions are met:

(a) The permittee notifies the building official prior to the proposed transfer.

(b) The proposed transferee:

(1) Submits an application form pursuant to Section 16.28.100;

(2) Agrees in writing to all the conditions and duties imposed by the permit, including those that have already been performed prior to the transfer;

(3) Provides security pursuant to Section 16.28.170; and

(4) Agrees to pay all applicable fees.

(c) The city engineer and the building official approve the transfer.

The building official shall set forth in writing the reasons for his/her approval or disapproval of a transfer.

(Ord. 4564 § 1 (part), 1999)

Where an applicant does not plan to construct permanent improvements on the site, or plans to leave portions of the site graded but unimproved, the applicant shall:

(a) Meet all the requirements of this chapter; provided, that an interim plan designed to control runoff and erosion on the site for the period of time during which the site, or portions thereof, remain unimproved shall be submitted in lieu of a final plan; and

(b) Submit executed contract(s) as defined in Section 16.28.260(a) after completion of grading.

(Ord. 4564 § 1 (part), 1999)

The building official shall issue a permit upon approval of a grading plan; interim plan, and where required, final plan; soils engineering report and engineering geology report; deposit of appropriate security; and payment of fees. The permit shall be issued subject to the following conditions:

(a) The permittee shall maintain a copy of the permit, approved plans and reports required under Section16.28.240 on the work site and available for public inspection during all working hours.

(b) The permittee shall, at all times, be in conformity with the approved grading plan, and interim and final plans.

(Ord. 4564 § 1 (part), 1999)

In addition to performing as required under Section 16.28.230:

(a) Unless this requirement is waived by the city engineer, the permittee shall notify the city engineer at least 72 hours prior to:

(1) The beginning of the permitted activity;

(2) The completion of rough grading;

(3) The completion of finished grading;

(4) The installation of all erosion control devices and the completion of planting requirements;

(5) Readiness of the site for final inspection, including, but not limited to, finished grading, installation of drainage devices and final erosion control measures.

(b) The permittee shall submit to the city engineer, reports if:

(1) There are any delays in land-disturbing or filling activities or soil storage;

(2) The work is not being done in conformance with the approved grading and interim and/or final plans;

(c) Unless waived by the city engineer, the permittee shall submit recommendations for corrective measures and/or revisions to the approved grading and interim and/or final plans, with the reports made under subsection (b) of this section.

(Ord. 4564 § 1 (part), 1999)

(a) The city engineer shall review all reports submitted by the permittee. The city engineer may require the permittee to modify the grading plan, the interim and/or final plan, and maintenance methods and schedules. The city engineer shall notify the permittee in writing of the requirement and specify a reasonable period of time within which the permittee must comply. All modifications shall be subject to the city engineer's approval.

(b) The building official or city engineer may inspect the site:

(1) Upon receipt of a report by the permittee pursuant to Section16.28.240(a) and (b);

(2) To verify completion of modifications required under subsection (a) of this section;

(3) During and following any rainfall;

(4) At any other time, at the discretion of the building official or city engineer.

(c) Upon completion of the rough grading work and at the final completion of the work, the city engineer may require the following reports and drawings and supplements thereto:

(1) An as-graded grading plan prepared by the civil engineer including original ground surface elevations, as-graded ground surface elevations, lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities. The civil engineer shall certify that the work was done in accordance with the final approved grading plan.

(2) A soil grading report prepared by the soils engineer, including locations and elevation of field density tests, summaries of field and laboratory tests and other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the soils engineering investigation report. The soils engineer shall certify as to the adequacy of the site for the intended use.

(3) A geologic grading report prepared by the engineering geologist including a final description of the geology of the site including any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. The engineering geologist shall certify as to the adequacy of the site for the intended use as affected by geologic factors.

(Ord. 4564 § 1 (part), 1999)

The owner of any property on which an excavation or fill has been made pursuant to a permit granted under this chapter, or any other person or agent in control of such property, shall maintain in good condition and repair all retaining walls, cribbing, drainage structures, planted slopes, and other protective devices shown in the approved plans or drawings submitted with the application for the grading permit.

Upon completion of final grading and permanent improvements, where such permanent improvements are planned at the time grading is performed, the permittee may be required to submit executed contract(s) with third party providers as a means to ensure continued maintenance and upkeep of final plan runoff and erosion control measures and storm water pollution prevention control measures for a period as determined by the city engineer.

(Ord. 4564 § 1 (part), 1999)

Designation. All grading in excess of 5,000 cubic yards shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as "engineered grading." Grading involving less than 5,000 cubic yards shall be designated "regular grading" unless the permittee, with the approval of the city engineer, chooses to have the grading performed as "engineered grading."

(a) Engineered Grading Requirements. For engineered grading, it shall be the responsibility of the civil engineer who prepares the approved grading plan to incorporate all recommendations from the soils engineering and engineering geology reports into the grading plan. The civil engineer also shall be responsible for the professional inspection and approval of the grading within his/her area of technical specialty. This responsibility shall include, but need not be limited to, inspection and approval as to the establishment of line, grade, and drainage of the development area. The civil engineer shall act as the coordinating agent in the event the need arises for liaison between the other professionals, the contractor, and the building official. The civil engineer also shall be responsible for the preparation of revised plans and the submission of as-graded grading plans upon completion of the work. The grading contractor shall submit in a form prescribed by the city engineer a statement of compliance to the as-built plan.

Soils engineering and engineering geology reports shall be required unless waived by the city engineer. During grading, all necessary reports, compaction data, and soils engineering and engineering geology recommendations shall be submitted to the civil engineer and the city engineer by the soils engineer and the engineering geologist.

The soils engineer shall be responsible for the professional inspection and approval concerning the preparation of ground to receive fills, testing for required compaction, stability of all finish slopes, and the design of buttress fills, where required, incorporating data supplied by the engineering geologist.

The engineering geologist shall be responsible for professional inspection and approval of the adequacy of natural ground for receiving fills and the stability of cut slopes with respect to geological matters and the need for subdrains or other ground water drainage devices. The engineering geologist shall report his/her findings to the soils engineer and the civil engineer for engineering analysis.

The building official or city engineer may inspect the project as described under Section16.28.250 and at any more frequent intervals necessary to determine that adequate control is being exercised by the professional consultants.

(b) Regular Grading Requirements. The city engineer may require inspection and testing by an approved independent testing agency.

The testing agency shall:

(1) Inspect cleared areas and benches to verify that they have been adequately prepared to receive fill; and

(2) Test fill for adequacy of compaction.

When the city engineer has cause to believe that unusual geologic conditions are present, the grading operation will be required to conform to "engineered grading" requirements.

(c) If, in the course of fulfilling their responsibility under this chapter, the civil engineer, the soils engineer, the engineering geologist, or the testing agency finds that the work is not being done in conformance with this chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the city engineer in accordance with Section 16.28.240.

(d) If the civil engineer, the soils engineer, the engineering geologist or the testing agency of record is replaced during the course of the work, the work shall be stopped until the replacement has agreed to accept the responsibility within the area of his/her technical competence for approval upon completion of the work.

(Ord. 4564 § 1 (part), 1999)

(a) For commencement of land-disturbing or filling activity during the wet season, the applicant shall demonstrate, as part of the permit application, that the land disturbance is relatively minor and that erosion and sedimentation can be controlled.

(b) For continuation of land-disturbing or filling activities, other than installation, maintenance, or repair of measures in the interim or final plans, during the wet season, the permittee must apply for and receive, every five working days, special permission to proceed.

(c) The city engineer shall grant permission under this section on the basis of weather forecasts, experience, and other pertinent factors which indicate the activity may commence or continue without excessive erosion occurring.

(d) It shall be unlawful to commence any land-disturbing or filling activity during the wet season without having obtained specific permission for wet season activity pursuant to this section. Violation may result in suspension or revocation of the permit, action against the security, in addition to any other remedy available for enforcement of this code.

(Ord. 4564 § 1 (part), 1999)

(a) General. Unless otherwise recommended in the approved soils engineering and/or engineering geology report, cuts shall conform to the provisions of this section.

(b) Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use. Cut slopes shall be no steeper than two horizontal to one vertical.

(c) Drainage and Terracing. Drainage and terracing shall be provided as required by Section16.28.320.

(Ord. 4564 § 1 (part), 1999)

(a) General. Unless otherwise recommended in the approved soils engineering report, fills shall conform to the provisions of this section. In the absence of an approved soils engineering report, these provisions may be waived for minor fills not intended to support structures.

(b) Fill Location. Fill slopes shall not be constructed on natural slopes steeper than two to one.

(c) Preparation of Ground. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil, and other unsuitable materials, scarifying to provide a bond with the new fill, and, where slopes are steeper than five to one and the height is greater than five feet, by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than five to one shall be at least ten feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. Where fill is to be placed over a cut, the bench under the toe of fill shall be at least ten feet wide but the cut must be made before placing fill and approved by the soils engineer and engineering geologist as suitable foundation for fill. Unsuitable soil is soil which, in the opinion of the building official or the civil engineer or the soils engineer or the geologist, is not competent to support other soil or fill, to support structures or to satisfactorily perform the other functions for which the soil is intended.

(d) Fill Material. Detrimental amounts of organic material shall not be permitted in fills. Except as permitted by the building official or city engineer, no rock or similar irreducible material with a maximum dimension greater than 12 inches shall be buried or placed in fills.

EXCEPTION: The building official or city engineer may permit placement of larger rock when all the following conditions are met:

(1) The soils engineer properly devises a method of rock placement;

(2) The soils engineer continuously inspects placement of the rock and approves the fill stability;

(3) Potential rock disposal areas are delineated on the grading plan prior to issuance of the grading permit;

(4) Rock sizes greater than twelve inches in maximum dimension will be placed ten feet or more below grade, measured vertically; and

(5) Rocks will be placed so as to assure filling of all voids with fines.

(e) Compaction. All fills shall be compacted to a minimum of ninety percent of maximum density.

(f) Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than two horizontal to one vertical.

(g) Drainage and Terracing. Drainage and terracing shall be provided and the area above fill slopes and the surfaces of terraces shall be graded and paved as required by Section 16.28.320.

(Ord. 4564 § 1 (part), 1999)

(a) General. The setbacks and other restrictions specified by this section are minimum and may be increased by the building official, the city engineer, or by the recommendations of a civil engineer, soils engineer, or engineering geologist, if necessary for safety and stability, or to prevent damage of adjacent properties from deposition or erosion, or to provide access for slope maintenance and drainage. Retaining walls may be used to reduce the required setbacks when approved by the building official or city engineer.

(b) Setbacks from Property Lines. The tops of cuts and toe of fill slopes shall be set back from the outer boundaries of the permit area (PA), including slope-right areas and easements, in accordance with Figure 1.

[Editor's Note: Please refer to Figure 1 in a printed edition of this code.]

(c) Design Standards for Setbacks. Setbacks between graded slopes (cut or fill) and structures shall be provided in accordance with Chapter 18

of the Uniform Building Code.

(Ord. 4564 § 1 (part), 1999)

(a) General. Unless otherwise indicated on the approved grading plan, drainage facilities and terracing shall conform to the provision of this section.

(b) Terrace. Terraces at least six feet in width shall be established at not more than thirty-foot vertical intervals on all cut or fill slopes to control surface drainage and debris, except that where only one terrace is required it shall be at mid-height. For cut or fill slopes greater than sixty feet and up to 120 feet in vertical height, one terrace at approximately mid-height shall be twelve feet in width. Terrace widths and spacing for cut and fill slopes greater than 120 feet in height shall be designed by the civil engineer and approved by the building official or city engineer. Suitable access shall be provided to permit proper cleaning and maintenance.

Swales or ditches on terraces shall have a minimum gradient of five percent and must be paved with reinforced concrete not less than three inches in thickness or an approved equal paving. They shall have a minimum depth at the deepest point of one foot and a minimum paved width of five feet.

A single run of swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet (projected) without discharging into a downdrain.

(c) Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability.

(d) General Drainage. All sites shall be developed so as to provide control of storm and surface waters. Adequate provision shall be made to prevent any storm or surface waters from damaging the face of an excavation or the sloping face of a fill. All drainage provisions shall be subject to the approval of the city engineer, and shall be of such design as to carry storm and surface waters, including storm and surface waters from properties in upstream watershed areas, to the nearest practical street, storm drain, or natural watercourse, approved by the city engineer as a safe place to deposit and receive such waters.

(e) Interceptor Drains. Paved interceptor drains shall be installed along the top of all cut slopes where the tributary drainage area above slopes towards the cut and has a drainage path greater than forty feet measured horizontally. Interceptor drains shall be paved with a minimum of three inches of concrete or gunite and reinforced. They shall have a minimum depth of twelve inches and a minimum paved width of thirty inches measured horizontally across the drain. The slope of drain shall be approved by the building official or city engineer.

(f) Roof Drainage. All storm waters falling upon roofs will be collected in eave gutters, roof drains, or other approved devices and conducted to an approved location in a manner that minimizes erosion and storm water pollution.

(g) Building Pads. Building pads shall be sloped at a minimum of two percent to the street or an approved drainage device.

(Ord. 4564 § 1 (part), 1999)

(a) Bridges, culverts, and storm drain outfalls shall be constructed in a manner consistent with the Santa Clara Valley Water Resources Protection Collaborative User Manual: Guidelines and Standards for Land Uses Near Streams (Revised July 2006), as amended from time to time.

(b) Streams shall not be filled or placed in culverts to accommodate grading and construction for land development projects, except for road crossings.

(c) Stream culverts constructed to accommodate road access shall be clear-span whenever possible and shall be constructed in a manner consistent with the Santa Clara Valley Water Resources Protection Collaborative User Manual: Guidelines and Standards for Land Uses Near Streams (Revised July 2006), as amended from time to time.

(Ord. 4932 § 3, 2007)

(a) Stream bank erosion repair shall use the softest possible method appropriate for the stream characteristics. Use of hardscape materials or retaining walls within the banks of a stream shall be avoided. Stream bank erosion repairs shall be constructed in a manner consistent with the Santa Clara Valley Water Resources Protection Collaborative User Manual: Guidelines and Standards for Land Uses Near Streams (Revised July 2006), as amended from time to time.

(b) Exceptions to this requirement may be granted by the director of public works where the applicant provides an engineering report demonstrating that softer methods have been evaluated and found to be infeasible, that the proposed method will effectively reduce bank erosion, and that the proposed method will not cause erosion or negatively impact proper stream function in other areas. Any use of hardscape under this exception, will require the planting of appropriate native riparian vegetation onsite or at another suitable location to be approved by the director of public works in order to mitigate the impacts of the hardscape.

(Ord. 4932 § 4, 2007)

No person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley or other public property without supporting and protecting such public street, sidewalk, alley or other public property from settling, cracking, or other damage which might result from such excavation. Should the nature of the excavation in the opinion of the city engineer create a hazard to life unless adequately fenced, the permittee shall construct such fences or guard rails to safeguard persons using the public street, sidewalk, alley or other public property as the city engineer may require.

(Ord. 4564 § 1 (part), 1999)

(a) Premises of Another Person. No person shall dump, move or place any earth, sand, gravel, rock, stone or other excavated material so as to cause the same to be deposited upon or to roll, flow or wash upon or over the premises of another, including a public entity, without the express consent of the owner of such premises so affected.

(b) Spilling. No person shall, when hauling any earth, sand, gravel, rock, stone or other excavated material over any public street, alley or other public place, allow such material to blow or spill over and upon such street, alley, or place or adjacent private property.

(c) Removal of Debris. If due to a violation of subsection (a) or (b) of this section, any earth, sand, gravel, rock, stone or other excavated material is caused to be deposited upon or to roll, flow or wash upon any public place or way, the person responsible therefor shall cause the same to be removed from such public place or way within thirty-six hours. In the event it is not so removed, the city engineer may cause such removal and recover the cost of such removal from the person who failed to so remove the material.

(Ord. 4564 § 1 (part), 1999)

(a) The building official or city engineer may suspend the permit and issue a stop work order, and the permittee shall cease all work on the work site, except work necessary to remedy the cause of the suspension, upon notification of such suspension when:

(1) The building official or city engineer determines that the permit was issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or the provisions of this ordinance;

(2) The permittee fails to submit reports when required under Sections 16.28.240 and 16.28.250(c);

(3) Inspection by the building official or city engineer under Section16.28.250(b) reveals that the work or the work site:

(A) Is not in compliance with the conditions set forth in Section16.28.230, or

(B) Is not in conformity with the grading plan, interim, or final plan as approved or as modified under Section16.28.250(a), or

(C) Is not in compliance with an order to modify under Section16.28.250(a), or

(D) Is likely to be a hazard to life or limb or to endanger any private or public property;

(4) The permittee fails to comply with an order to modify within the time limits imposed by the building official or city engineer pursuant to Section 16.28.250(a);

(5) The permittee fails to obtain permission for wet season activity under Section 16.28.280.

(b) The building official or city engineer may reinstate the suspended permit and lift the stop order, upon the permittee's correction of the cause of the suspension. The building official or city engineer may require as a condition to allowing further work to be done that such reasonable safety precautions be taken as the building official or city engineer considers advisable to avoid the likelihood of continued danger to any private or public property. Such safety precautions may include, but shall be limited to, specifying a flatter exposed slope, construction of additional drainage facilities, berms, terracing, compaction or cribbing.

(c) Failure or refusal to comply with a stop work order is unlawful. If the permittee fails or refuses to cease work after being issued a stop work order, the building official or city engineer may revoke the permit and enforce the stop order by any means available under the law.

(d) The building official or city engineer shall not reinstate a revoked permit.

(Ord. 4564 § 1 (part), 1999)

(a) Any applicant for a permit or any permittee aggrieved by any action or decision of the building official or city engineer under this chapter may appeal to the city manager by filing a written notice thereof within five working days from the date of mailing or receipt of notice of such action.

(b) After receiving a notice of appeal, the city manager or the manager's designee shall conduct a hearing within thirty days of the receipt of the applicant's appeal, unless otherwise agreed to by the applicant. The hearing shall be informal, but oral and written evidence may be given by both sides. The city manager or designee shall have the authority to grant or deny the appeal or modify the decision appealed, and shall render a written decision within ten working days after the date of the hearing. The decision of the city manager or designee shall be final.

(Ord. 4564 § 1 (part), 1999)

The building official or city engineer may act against the appropriate security if any of the following conditions exist:

(a) The permittee ceases land-disturbing activities and/or filling and abandons the work site prior to completion of the grading plan.

(b) The permittee fails to conform to the interim plan or final plan as approved or as modified under Section16.28.250(a) and has had his/her permit revoked under Section 16.28.350.

(c) The techniques utilized under the interim or final plan fail within one year of installation, or before a final plan is implemented for the site or portions of the site, whichever is later.

(d) The building official or city engineer determines that emergency action by the city is necessary to prevent excessive erosion from occurring on the site.

The building official or city engineer shall use funds from the appropriate security to finance remedial work undertaken by the city or a private contractor under contract to the city, and to reimburse the city for all direct costs incurred in the process of the remedial work.

(Ord. 4564 § 1 (part), 1999)

Security deposited with the city for faithful performance of the grading and erosion control work and to finance necessary remedial work shall be released according to the following schedule:

(a) Securities held against the successful completion of the grading plan and the interim plan, except for interim plans described in Section 16.28.220, shall be released to the permittee at the termination of the permit, provided no action against such security is filed prior to that date.

(b) Securities held against the successful completion of the final plan and an interim plan described in Section16.28.220 shall be released to the permittee either one year after termination of the permit or when a final plan is submitted for the unimproved site, whichever is later, provided no

action against such security has been filed prior to that date.

(Ord. 4564 § 1 (part), 1999)

Any person, firm, or corporation violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in subsection (a) of Section 1.08.010 of this code. Each separate day or any portion thereof during which any violation of this chapter occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as provided in this section.

(Ord. 4564 § 1 (part), 1999)

The employee positions designated in this section may enforce the provisions of this chapter by the issuance of citations; persons employed in such positions are authorized to exercise the authority provided in Penal Code Section 836.5 and are authorized to issue citations for violations of this chapter. The designated employee positions are: (1) chief building official; (2) assistant building official; (3) building inspection supervisor; code enforcement officer; (4) supervisor, inspection and surveying; (5) industrial waste inspector; (6) industrial waste investigator; (7) associate engineer; (8) manager, environmental control programs; (9) supervisor, industrial waste; and (10) manager, environmental compliance division.

(Ord. 4745 § 11, 2002: Ord. 4564 § 1 (part), 1999)

The remedies provided herein are not exclusive, and are in addition to other remedies provided under this code, or under any other law.

(Ord. 4564 § 1 (part), 1999)