Chapter 14.05 — EXCAVATION AND GRADING IN HILLSIDE AREAS

A.

Applicability. The provisions of this chapter shall apply to excavation and grading activities on any one lot:

In hillside development overlay (HD) districts; and

On a slope any portion of which is greater than 15 percent.

B.

Minimum Standards. In any matter in which any city employee, officer or board is given discretion under this chapter, no activity shall be permitted which would not also be allowed by Appendix J of the California Building Code as adopted by the city. Appendix J shall set the minimum performance standards under this chapter in such matters.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

The purpose of this chapter is to regulate excavation and grading within hillside districts and excavation and grading on a slope any portion of which is greater than 15 percent in order to:

A.

Safeguard life, limb, property and public welfare;

B.

Protect streams, lakes, reservoirs, and any other water bodies from pollution with chemicals, fuels, lubricants or any other harmful materials associated with construction or grading activities;

C.

Avoid pollution of the water bodies described above with nutrients, sediment materials, or other earthen or organic materials generated on or caused by surface runoff on or across the permit area;

D.

Preserve the contours of the natural landscape and land forms; and

E.

Prevent erosion and control sedimentation.

This chapter is enacted for the protection of the public and is not for the benefit of any private person or entity.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

This chapter sets forth rules and regulations and describes measures to control excavation, grading and earthwork construction, including cuts, fills and embankments; establishes an administrative procedure for issuance of permits; and provides for approval of plans, specifications, and inspection of grading construction.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

A.

Notice. Whenever the building official determines that any existing excavation, embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located or other person or agent in control of said property, upon receipt of notice in writing from the building official describing the hazard, shall, within 48 hours, repair or eliminate such excavation or embankment or fill so as to eliminate the hazard and be in conformance with the requirements of this chapter. All such work shall be completed within 90 days from the date of notice, unless otherwise stipulated by the building official.

B.

Failure to Comply. If the owner of the property fails to comply with the notice to eliminate the hazard the city council may order the building official to proceed with the work specified in the notice. A statement of the cost of work shall be transmitted to the city council, who shall cause said amount to be paid and levied as a special assessment against the property.

C.

Costs. Costs incurred under subsection B of this section shall be paid out of the city treasury. Such costs shall be charged to the property involved as a special assessment, and shall be collected in the manner provided for special assessments. To the extent permitted by law, the city may attach a lien to recover such costs.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

A.

The following definitions shall apply to this chapter.

"Approval" means that the proposed work or completed work conforms to this chapter in the opinion of the building official.

"As-graded" means the extent of surface conditions on completion of grading.

"Bedrock" means the more-or-less consolidated rock in place either on or beneath the surface of the earth.

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

"Borrow" means earth material acquired from an offsite location for use in grading a site.

"Building official" means the chief building official or other designated authority charged with the administration and enforcement of this code, or such person's duly authorized representative.

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

"Civil engineering" means the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the valuation, design and construction of civil works.

"Compaction" means the densification of a fill by mechanical means.

"Cut" means excavation.

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

"Embankment" means a deposit of earth material placed by natural or artificial means.

"Engineering geologist" means a geologist certified in the state of California to practice engineering geology.

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

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

"Excavation" means the mechanical removal of earth material.

"Export" means to transport away from the site.

"Fill" means deposit of earth material placed by artificial means and includes imported materials.

Geotechnical engineer. See "Soils engineer."

"Grade" means the vertical location of the ground surface. "Existing grade" means the grade prior to grading. "Rough grade" means the stages 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.

"Grading" means any excavating or filling or combination thereof.

"Import" means transport to the site.

"Key" means a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed slope.

"Rainy season" means that period between October 15th of any year and April 15th of the following year.

"Retaining wall" means a wall designed to resist the lateral displacement of soil or other materials.

"Site" means any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.

"Soil" means naturally occurring superficial deposits overlying bedrock.

"Soils engineer (Geotechnical engineer)" means a civil engineer experienced and knowledgeable in the practice of soils engineering and duly registered in the state of California whose field of expertise is soils mechanics.

"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.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

A.

No person shall do, or cause or allow to be done, any of the following: grade, excavate or fill on any lands within HD districts and on a slope any portion of which is greater than 15 percent without first having obtained a grading permit pursuant to this chapter.

B.

A separate permit shall be required for each separate site. A single grading permit covers both an excavation and fill on the same site.

C.

No grading permit shall be issued for grading for a project or development for which a discretionary permit is required under this code prior to the approval of such discretionary permit.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

No permit shall be required under this chapter for any of the following:

A.

Grading done exclusively for agricultural purposes in connection with crops or animals, but not including grading for buildings or structures that require a building permit or registration certificate, unless such grading is exempt under other provisions of this section;

B.

An excavation for pipeline or other underground utility lines; provided, that erosion control measures are incorporated into the project;

C.

Public works projects not requiring a building permit including sewer and storm drain construction, utility trenches and retaining walls or grading accomplished as part of street maintenance activities;

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

(Ord. No. 7201, § 4(A), 12-6-2010)

A.

Application. The most current provisions of Chapter 1, Division II Section 105 of the California Building Code are applicable to grading and, in addition, the application shall state the estimated quantities of grading involved.

B.

Plans and Specifications. Each application for a grading permit shall be accompanied by 3 sets of plans and specifications and 3 copies of supporting data. Plans shall be drawn to scale of at least 1-inch equals 20 feet upon substantial paper, Mylar or similar material and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that the proposed grading will conform to the provisions of this chapter and all other relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the location of the work and the name and address of the owner, the person by whom they were prepared, the project soils engineer and the project engineering geologist. The plans and specifications shall be prepared and signed by a civil engineer.

C.

Information on Plans and in Specifications. The plans shall include the following information:

Limiting dimensions, elevations or finished contours to be achieved by the grading and proposed drainage channels and related construction shown by contour map, cross-sections or other means. The contours shall be shown for the existing land conditions and the proposed final work. The proposed final grades shall indicate clearly all dust, fill and slopes, and show the calculation of the quantities of excavation and fill involved. Contours shall be shown according to the following schedule:

Natural Slope Maximum Contour Interval (in feet)

2 percent or less 2

Over 2 percent 5

General vicinity map of the proposed site;

Property limits and accurate contours of existing ground and details of terrain, soil types and area drainage, prepared, signed and sealed by a licensed surveyor;

Location of any buildings or structures on the property where the work is to be performed and the approximate location of any buildings or structures on land of adjacent owners which may be affected by the proposed grading operations;

Specifications of the construction and material requirements.

The following notes shall be placed on the plans:

a.

In the case of emergency, call _________ (Responsible Person) at _________ (24-hour Phone Number)

b.

The undersigned civil engineer will supervise erosion-control work and affirm to the best of his/her knowledge that work is in substantial conformance with the approved plans.

---

(Signature)

---

(Date)

(Ord. 6483 § 2 (part), 1992; Ord. 7127 § 5 (part), 2007; Ord. No. 7201, § 4(B), 12-6-2010)

An engineering geology report shall be submitted with the application for a grading permit and shall include an adequate description of the geology of the site, provide conclusions and recommendations regarding the effect of geologic conditions on the proposed development, show calculations, and provide opinions and recommendations covering the adequacy of structural locations to be developed by the proposed grading based upon recognized engineering standards. The report shall be prepared by an engineering geologist. The building official may waive the submittal of such report for hillside grading operations involving 250 cubic yards or less.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

A soils engineering report shall be submitted with the application for a grading permit and shall include data and conclusions regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading and compaction procedures and design criteria for corrective measures when necessary, and opinions and recommendations covering adequacy of sites to be developed by the proposed grading based upon recognized engineering standards. The

report shall be prepared by a soils engineer. The building official may waive the submittal of such report for hillside grading operations of 250 cubic yards or less.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

A soil loss report is required for grading in excess of 2,000 cubic yards. The soil loss report shall contain calculations showing the predicted soil loss under natural conditions, the soil loss potential, the soil loss during the grading and construction period, and the predicted annual loss following completion of the project based upon recognized engineering standards. Sheet and soil loss calculations shall be based upon the universal soil loss equation and factors, specific to the area to be graded, developed by the U.S. Soil Conservation Service. The report shall be prepared by a soils or civil engineer.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

An erosion and off-site sedimentation control design plan shall be submitted with the application for a grading permit. This plan shall describe in detail the necessary methods, management practices and mechanical devices which will be used to mitigate the release of sediment-laden waters from the project standards. The permittee shall sign a statement as part of the plan submittal concerning subsequent conformance with the maintenance requirements of the erosion control design plan. This report and plan shall include, but not be limited to, the following:

A.

Slopes. Drainage shall be directed away from the faces of cut and fill slopes into approved drainage structures at the top of the slope. The faces of cut and fill slopes shall also be formed to control against erosion. This control may consist of stepping or other surface protection, as approved by the building official. The protection for the slopes shall be installed within 15 days after completion of the rough grading. Where cut slopes are not subject to erosion due to the erosion- resistant character of the materials, such protection may be omitted if approved by the building official.

B.

Other Measures. Where graded slopes exceed a 3 to 1 ratio or 10 feet in height, they shall be protected with a temporary soil stabilization measure to be approved by the building official to provide immediate surface protection following completion of the rough grading if they will remain in the rough-graded condition during the rainy season.

C.

Planting. The surface of all cut slopes more than 5 feet in height, except those cut slopes adequately stabilized from erosion by stepping or other physical surface protection pursuant to this section, and fill slopes more than 3 feet in height shall be permanently protected against damage by erosion by planting with approved plant material contained on a list maintained by the city. Such plant material shall be planted upon completion of the final grading in conjunction with the installation of final soil stabilization measures as specified above. Graded slopes exceeding 15 feet in vertical height shall be landscaped pursuant to a landscape plan approved by the building official or other responsible city official indicating the plant mix of groundcover, shrubs and trees by plant type, size and location of planting.

D.

Irrigation. Slopes which require planting shall be provided with an approved system of irrigation, designed to cover all portions of the slope, the plans for which shall be submitted and approved prior to installation. A functional test of the system shall be required. All irrigation systems where required shall be designed on an individual lot basis unless commonly maintained in an approved manner.

E.

Maintenance. Graded slopes and landscaped areas in subdivisions or parcel map areas shall be maintained in accordance with the requirements of this chapter by the sub-divider or its successor in interest until the individual lots or parcels are transferred to individual ownership or a homeowners association or similar group responsible for maintenance of the property.

F.

The building official may waive the submittal of such report for hillside grading operations involving 2,000 cubic yards or less.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

Drainage collected on site or which crosses the site must be filtered, treated or controlled on site so that downstream drainage patterns are not changed or drainage systems overtaxed by a 25-year storm and so as to prevent the build up of siltation from the site and erosion of downstream properties.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

Activities such as clearing of brush and vegetation shall not be initiated during the rainy season on any site which is not adequately protected with desilting basins or other temporary drainage or control measures.

A.

Temporary Erosion Control. Temporary erosion control plans shall be provided for the following:

Temporary soil stabilization measures shall be installed on graded slopes exceeding a 3 to 1 ratio or 10 feet in height as required by Section 14.05.484(B).

Desilting facilities shall be provided at all drainage outlets from the graded site, designed for a 25-year, 6-hour storm intensity. They must be detailed on the plans. Design and specific recommendations shall be submitted for the following:

a.

Desilting basin volume based on gradient and nature of soils;

b.

The area of the graded site and identification of any temporary soil stabilization measures;

c.

Size of desilting basin outlet pipe and overflow;

d.

Dike requirements: minimum wall width, slope of walls, percent compaction, and other material features.

A standby crew for emergency work shall be available at all times during the rainy season. Necessary materials shall be available on site and stockpiled at convenient locations to facilitate rapid construction of temporary devices or to repair any

damaged erosion-control measures when rain is imminent.

Devices shall not be moved or modified without the approval of the building official.

All removable protective devices shown shall be in place at the end of each working day when the 5-day rain probability forecast by the National Weather Service of the Department of Commerce exceeds 40 percent.

After a rainstorm, all silt and debris shall be expeditiously removed from check berms and desilting basins and the basins pumped dry. Any graded slope surface protection measures damaged during a rainstorm shall also be repaired immediately.

Fill slopes at the site perimeter must drain away from the top of the slope at the conclusion of each working day.

A guard shall be posted on the site whenever the depth of water in any device exceeds 18 inches.

B.

The plans required by this section shall indicate which streets will be paved and which drainage devices will be completed by October 15th.

C.

Placement of devices to reduce erosion damage within the site is left to the discretion of the civil engineer. These devices, if any, must be shown on the plan if their presence will affect the required capacity of the desilting basin.

D.

Outlet conditions from the desilting basin shall not exceed downstream limitations, with the exception of overflow which is to be designed to provided capacity of 1.5 times the maximum design flow.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

A.

The building official shall review all materials for a grading permit required by this chapter to determine whether the application is complete. All incomplete applications shall be rejected.

B.

A registered professional engineer employed by the building department shall review all plans and specifications pursuant to this chapter for completeness and accuracy and shall report the findings in writing.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

The building official may also require the following additional information to be submitted with the permit application where applicable:

A.

A schedule defining staging and timing of construction and estimated area of disturbance at strategic points during construction;

B.

The equipment, methods and location of soils disposal;

C.

A plan defining staging and timing of construction and estimated area of disturbance at strategic points during construction;

D.

Such further applicable information as the building official may require to carry out the purposes of this chapter.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

The city council shall by resolution establish the fees required by this section as prescribed in the general fee schedule.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

Whenever any work for which a permit is required by this chapter has been commenced prior to the issuance of such permit, a special investigation shall be made before a permit may be issued for such work. A penalty shall be paid, in addition to the permit fee, and shall be collected whether or not a grading permit is issued after the special investigation. The payment of such penalty shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

Where the potential for moderate to high erosion, as hereafter defined, exists as determined from the soil loss report, the building official shall:

A.

Consult with the Los Angeles County Flood Control District, herein referred to as "LACFCD," for assistance in the review of the soils loss report and development of the erosion and sedimentation control design plan and report;

B.

Provide to the appropriate California Regional Water Quality Control Board, herein referred to as "RWQCB," the erosion and sedimentation control design plan and report for their review and comment.

The erosion potential shall be based upon the universal soil loss equation. Where the (RKSL) factor is between 10 to 20, the erosion potential is defined as moderate; where greater than 20, the erosion potential is defined as high.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

The building official may require that grading operations and project designs be modified if delays will occur which may lead to weather-generated problems that were not adequately considered at the time the permit issued. In addition, the following

conditions shall apply:

A.

Permit Validity. Every permit issued shall be valid for a period of not more than 1 year from the date thereof. All of the work required to be done pursuant to the grading permit shall be fully performed and completed within the time specified.

B.

Permit Extensions. The permittee of a valid grading permit may apply for 1 extension of such permit, not to exceed 6 months in duration. The application shall be made prior to expiration of the permit. The application shall be filed in writing with the building official who may authorize such extension, or deny it on the basis that the nature of the work has not changed.

C.

Suspension or Revocation. The building official may, in writing, suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this chapter.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

In granting any permit under this chapter, the building official may attach such conditions thereto as may be reasonably necessary to prevent danger to public or private property, to prevent the operation from being conducted in a manner likely to create a nuisance, or to prevent water quality degradation. No person shall violate any conditions so imposed. Such conditions may include, but shall not be limited to:

A.

Whenever the building official determines as part of the grading plan development and review process that any natural slopes or excavation, embankment, or fill within or potentially affected by a development project is a menace to life and limb, endangers property, is a hazard to public safety, adversely affects the safety, use or stability of adjacent property, or a public way or drainage channel, or could adversely affect the water quality of any water bodies or streams, the owner of the property upon which the 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 shall make the necessary revisions to the grading plan;

B.

Designation of routes upon which materials may be transported and means of access to the site;

C.

The place and manner of disposal of excavated materials and control of erosion from such materials;

D.

Requirements as to the mitigation of fugitive dust and dirt offensive or injurious to the neighborhood, and general public or any portion thereof, including due consideration, care and respect for the property rights, convenience, and reasonable desires and the needs of the neighborhood or any portion thereof;

E.

Limitations on the aerial extent and duration of time of exposure of unprotected soil surfaces;

F.

Mitigating measures recommended by the RWQCB or LACFCD;

G.

Phasing of operations to minimize water or other environmental impacts.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

A.

Hazardous Grading. The building official shall not issue a permit in any case where it is found that work as proposed by the applicant may constitute a hazard to the public welfare or endanger human life or private property or result in the deposit of debris or earth in any public way, or existing drainage course which would not be in compliance with the non-degradation water quality control policy of the state. If it can be shown to the satisfaction of the building official that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, drainage devices, erosion-control facilities, or by other means, the building official may issue the permit with the condition that such work be performed.

B.

Geological or Flood Hazard. If, in the opinion of the building official, the land area for which grading is proposed is subject to geological or flood hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property, the grading permit and the building permits for habitable structures shall be denied.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

Disposal of materials removed during the grading operation shall be as follows:

A.

Stockpiled soils shall be covered between October 15th and April 15th. Runoff from stockpiled areas shall be controlled to prevent erosion or resultant sedimentation of receiving waters, consistent with the erosion and sedimentation control design plan.

B.

Earthen material shall be disposed of at a location approved by the building official.

C.

No disposed materials shall be placed below the high-water rim of any surface water bodies, within the 100-year floodplain of any surface streams or creeks, or in any other location from which they would be susceptible to erosion or deposition into the receiving water.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

In consultation with the director of the public works and transportation department, the building official shall attach as a condition to any permit issued hereunder a requirement that all equipment used to haul excavation or fill material from or to the site shall follow a designated route or routes in going to and from the site. The permittee shall be entitled to the designation of a route providing access to a specified place other than the site, after showing to the satisfaction of the building official that such specified place is a place where excavation material may be reasonably deposited or fill material may be obtained. Designation of such routes shall be subject to the following:

A.

All equipment shall be limited to the actual area to be disturbed and designated haul routes on all sites according to the approved plans. No vehicles of any kind shall pass over areas to be left in their natural state, except for areas designated as haul roads on the approved plan. Haul roads in such areas shall be restored according to the approved plan. Steep banks and vegetative areas shall be prohibited to traffic.

B.

Access roads to the premises shall be only at points designated on the approved grading plan. Traffic in and along creeks or streams shall be prohibited.

C.

Either water or dust palliative, or both, must be applied for the alleviation or prevention of excessive dust resulting from the loading or transportation of earth from or to the project site or private and public roadways.

D.

No person shall, when hauling any earth, sand, gravel, rock, stone or other excavated material or debris over any public street, alley or other public place, allow such material to blow or spillover upon such street, alley or public place, or adjacent private property or any water bodies, creeks or streams. The permittee shall be responsible for the cleanup and removal of any construction or soils materials deposited on the public right-of-way, public waters or adjacent private property.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

A.

Bonds Required. A permit shall not be issued unless the permittee shall first post with the building official a bond executed by the owner and a corporate surety authorized to do a surety business in the state in an amount sufficient to cover the cost of the grading project, including any related cleanup costs, in the state in an amount sufficient to cover the cost of the grading project, as determined by the building official, including the construction of drainage and protective devices and any corrective work necessary to remove and eliminate engineering, geological or safety hazards.

In lieu of a surety bond, the permittee may deposit with the city cash in an amount as determined by the building official which will cover all such projects. The amount thereof shall be determined by the building official.

B.

Conditions. Every bond shall include the conditions that the permittee shall:

Comply with all of the provisions of this code and any other applicable laws and regulations;

Comply with all of the terms and conditions of the permit for excavation or fill to the satisfaction of the building official;

Complete all of the work contemplated under the permit within the time limit specified in the permit, or under an approved extension thereof, or complete the work to a safe condition satisfactory to the building official;

The bond shall provide that it will not expire without at least 30 days' notice to the building official;

The city shall be allowed to recover costs in excess of the surety bond or cash deposit by special assessment to be charged to the property and collected in the manner provided for special assessments. To the extent permitted by law, the city may attach a lien to the property to recover such costs.

C.

Failure to Complete Work. The term of each bond shall begin upon the date of permit issuance and shall remain in effect until the completion of the work to the satisfaction of the building official. Work shall include maintenance responsibilities during the period the permit is in effect. In the event of failure to complete the work or failure to comply with all of the terms and conditions of the permit, the building official may order the work required by the permit to be completed or put in a safe condition. The surety executing such bond or deposit shall continue to be bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the city in causing any and all such required work to be done. In the case of a cash deposit, the unused portion thereof shall be refunded to the permittee.

D.

Default in Performance of Conditions. Whenever the building official finds or determines that the permittee has failed to perform any requirement or condition of a permit issued hereunder, written notice thereof shall be given to the permittee and to the surety on the bond. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the building official to be reasonably necessary for the completion of such work. The building official may require the submission of plans, soils, or geological reports, and recommendations or other engineering data prior to and in connection with any corrective or proposed work or activity. After receipt of such notice, the surety shall, within the time specified, cause or require the work to be performed, or failing therein, shall pay over to the building official the estimated cost of doing the work as set forth in the notice. Upon receipt of such moneys, the building official shall cause the required work to be performed and completed.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

A.

Slope Gradient. The slope of cut surfaces shall be no steeper than is safe for the intended use including landscaping or vegetation for erosion control. Cuts shall be no steeper than 2 horizontal to 1 vertical (2:1).

Exceptions: an exception to the slope gradient ratio of no greater than 1-½ to 1 (1.5:1) may be authorized by the building official if soil test data, prepared by a soils engineer, substantiates, to the satisfaction of the building official, the stability of the slope and slope surface under conditions of saturation. Also, notwithstanding anything else to the contrary contained herein, the building official may require slopes which are on property having a slope greater than 2 to 1 which is also unstable to be stabilized in the most unobtrusive way possible even if such stabilizing will not result in a slope of 2 to 1.

B.

Drainage and Terracing. Drainage and terracing shall be provided as required by Section 14.05.200.

C.

Height of Slopes. Cut slopes shall not be constructed over 20 feet in height. The height of retaining walls shall be included in measuring the height of slopes constructed pursuant to the provisions of this chapter.

D.

Height of Cut Slope. The vertical height of any finished cut slope created for the purpose of developing a residential dwelling pad shall be limited to the height of the proposed residential dwelling, or 20 feet, whichever is less. Where the total aggregate height of a structure is greater than 20 feet, separate cuts, set back as required, must be made (see Appendix A located at the end of this chapter).

E.

Width of Cut Slope. The aggregate lateral extension or length of the finished cut slope for a residential dwelling shall not exceed the maximum width of the residential dwelling by 20 feet. The intent of this standard is the maximum concealment of cut slopes by the proposed structure.

F.

Accessory Structure. The vertical height and length of any finished cut slope created for the purpose of developing a site for a permanent use or structure, accessory to a residential dwelling other than a swimming pool, tennis court or corral shall be the same as for a residential dwelling.

G.

Accessory Use. For the purpose of developing a tennis court, swimming pool, corral or other accessory use to a residence, the vertical height of any finished cut shall not exceed 8 feet, and the lateral extension or length shall not exceed 60 feet overall or 12 feet more than the width of the accessory use, whichever is less.

H.

Limited Number. The number of cut slopes created for accessory residential uses or structures shall not exceed 1 per residential lot, exclusive of the residence and garage.

I.

Road, Walk and Driveway Site. The maximum height of finished cuts developed for roads, walks and driveways shall not exceed 8 feet. Driveways and parking pads shall be graded in conformance with requirements specified for driveways in Title 17 of this code.

J.

Finished Slopes. All cut slopes shall be contoured to meet upper, lower and side slopes. The finished horizontal slope plane shall not exceed 50 feet in width and shall undulate in a manner which is similar to the natural topography in the vicinity of the site.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

A.

Location. Fill slopes shall not be constructed on existing slopes steeper than 2 to 1 nor where the fill slope toes out within 12 feet horizontally of the top of a lower existing or planned cut slope, except in the case of slopes of minor height when approved by the building official.

B.

Preparation of Ground.

The ground surface shall be prepared to receive fill by removing vegetation, non-complying fill, topsoil, and other unsuitable materials and scarifying to at least a depth of 5 inches to provide a bond with the new fill. Where fills are constructed on

terraced lots, hillsides or slopes steeper than 5 to 1, and the height of the fill is greater than 5 feet, benches shall be cut 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 5 to 1 shall be at least 10 feet wide. The area beyond the toe of fill shall be sloped to maintain sheet overflow or a paved drain shall be provided, to allow for adequate drainage away from the fill.

After the foundation for the fill has been cleared, plowed or scarified, it shall be disked or bladed until it is uniform and free from large clods, brought to the proper moisture content and compacted in the same manner and to the same degree as required for the fill material. The foundation shall be compacted to the full depth of disturbance and in no case shall the depth be less than 4 inches.

Where fill is to be placed over a cut, the bench under the toe of the fill shall be at least 10-feet wide, but the cut must be made before placing fill and approved by the soils engineer and engineering geologist as a suitable foundation for fill. Unsuitable soil is soil which, in the opinion of the building official, the civil engineer, the soils engineer or the geologist, is not competent to support other soil or fill to support structures, or to perform satisfactorily the other functions for which the soils is intended.

C.

Fill Material.

Detrimental amounts of organic material shall not be permitted in fills. Except as permitted by the building official, no rock or similar irreducible material with a maximum dimension greater than 8 inches shall be buried or placed in fills. The building official may permit placement of large rock when the soils engineer properly devises a method of placement, continuously inspects its placement, and approves the fill stability. The following conditions shall also apply:

a.

Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan.

b.

Rock sizes greater than 8 inches in maximum dimension shall be 10 feet or more below grade, measured vertically.

c.

Rocks greater than 8 inches shall be placed so as to be completely surrounded by soils. No nesting of rocks is permitted.

D.

Compaction.

All fills shall be compacted to a minimum of 90 percent maximum density as required by the California Building Code.

Where lower density and expansive types of soil exist, then permission for lesser compaction may be granted by the building official upon showing of good cause.

E.

Slope Gradient. Fill slopes shall be no steeper than 2 horizontal to 1 vertical (2:1).

F.

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 14.05.200.

G.

Height of Slopes. No fill slopes shall be constructed over 30 feet in height. The height of retaining walls shall be included in measuring the height of slopes.

H.

Utility Line Backfill. All backfill in utility line trenches, both inside and outside of the residential dwelling, shall be compacted and tested in compliance with subsection D of this section and the soils engineer shall verify to the building official that this backfilling has been satisfactorily accomplished. Alternate methods of filling and reduced compaction requirements may be applied on certain projects when specified by the soils engineer and approved by the building official.

Exception: on single utility line lot projects where no soils engineer was present during grading of the site, the building official may waive tested compaction for utility lines serving 1 lot and allow the use of approved material which is relatively self-compacting. This material and the method of placement must be approved by the building official prior to backfilling.

I.

Maintenance of Roadway Grading. Any portion of a roadway fill slope not located entirely within the dedicated public roadway easement shall be maintained by the abutting landowner according to standards established by the building official.

J.

Road, Walk and Driveway Site. The maximum height of finished fill slopes developed for roads, walks and driveways shall not exceed 8 feet. Driveways and parking pads shall be graded in conformance with requirements specified for driveways in Title 17 of this code.

K.

Finished Slopes. All fill slopes shall be contoured to meet upper, lower and side slopes. The finished horizontal slope plane shall not exceed 50 feet in width and shall undulate in a manner which is similar to the natural topography in the vicinity of the site.

L.

Exceptions. The building official may waive the requirements of this section for minor fills for which a soils engineering report is not required, provided the fill is not intended to support any structure.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

Any decision of the building official may be appealed to or reviewed by an appeal board in accordance with the procedures for appeal or review of the building official's decisions as provided in the Pasadena Building Code.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

The tops and toes of cut and fill slopes shall be set back from property boundaries as far as necessary and as specified in Section 14.05.180(A) for safety of the adjacent properties and to prevent damage resulting from water runoff or erosion of the soils. The tops and the toes of cut and fill slopes shall be set back from structures as far as is necessary for adequacy of foundation support and to prevent damage as a result of water runoff or erosion of the slopes. Unless otherwise approved by the building official based on recommendations in the approved soil endangering or engineering geology report and shown on the approved grading plan, setbacks shall be no less than shown on Appendix A located at the end of this chapter.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

Unless otherwise indicated on the approved grading plan, drainage facilities and terracing shall conform to the provisions of this section.

A.

Horizontal Terrace. Horizontal terraces at least 8 feet in width shall be established at not more than 20-foot vertical intervals on all cut slopes, and 30-foot intervals on all fill slopes to control surface drainage and debris. Suitable access shall be provided to permit proper cleaning and maintenance.

B.

Swales or Ditches. Swales or ditches on terraces shall have a minimum gradient of 6 percent and must be paved with reinforced concrete, or approved equal paving not less than 3 inches in thickness. They shall have an adequately sized cross-section to handle storm water runoff collected on the slope for a design storm with a return interval of at least 25 years and a duration of 6 hours and shall have a minimum depth at the deepest point of 18 inches and a minimum paved width of 5 feet. A single run of swale or ditch shall not collect runoff from a tributary area projected to exceed 13,500 square feet without discharging into a down drain.

C.

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

D.

Drainage Diversion. Swales, berms or other devices approved by the building official shall be installed at the top of all slopes where surface runoff may flow uncontrolled over the slope face. Such diversion must be approved by the building official and be designed to convey runoff from the tributary area of a design storm.

E.

Slope Toe Protection. The toe of all slopes shall be protected from erosion by surface runoff as approved by the building official.

F.

Maintenance of Protective Devices. Any property on which grading has been performed pursuant to a permit issued under this chapter shall be maintained in good condition, and all drainage structures, vegetation, irrigation systems and other protective devices when on the approved grading plans shall be repaired whenever necessary.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

A.

Engineered or Regular Grading. All grading involving a fill intended to support structures, or the development of more than 1 lot or parcel of land, or in excess of 5,000 cubic yards of material, or in excess of 1,000 cubic yards of material if the site has an average natural slope of 10 percent or greater, or grading where the building official determines special conditions or unusual hazards exist, shall be performed under the supervision of a civil engineer and shall be designated "engineered grading." Grading other than engineered grading shall be designated "regular grading."

B.

Regular Grading Requirements. The building official upon notification from the permittee shall inspect the grading at the following stages of the work and shall either approve the portion then completed or shall notify the permittee wherein it fails to comply with the requirements of this chapter:

Initial. When the site has been cleared of unapproved fills and vegetation and scarified, benched or otherwise prepared and before any fill is in place.

Rough. When rough grading has been completed and approximate final elevations have been established; drainage terraces, swales and other drainage devices graded ready for paving; berms installed at the top of slopes; and temporary erosion-control measures installed, if required.

Final. When grading has been completed; all drainage devices and permanent erosion control facilities installed; slope planting established; and irrigation systems installed.

C.

Engineered Grading Requirements. On every engineered grading site, the civil engineer shall supervise the grading operations and coordinate site inspection and testing to assure compliance of the work with the approved grading plans, the recommendation of the soils engineer and geologist, and the requirements of this chapter. The civil engineer shall submit periodic progress reports as required by the building official, and shall verify in writing the satisfactory completion of the various stages of the work. The verification for that portion of the work concerning the preparation of the existing ground surface and placing and compaction of fills shall be made by the soils engineer for the approved soils testing agency. The building official may require sufficient inspections by the geologist to assure that all geological conditions have been adequately considered and recommended corrective measures incorporated in the work.

All necessary reports, compaction data, and soils engineering or engineering/geological recommendations made during the grading operation shall be submitted to the building official by the civil engineer. The civil engineer shall also prepare revised plans and as-graded grading plans upon completion of the work. The grading contractor shall submit in a form prescribed by the building official a statement of compliance with the as-built plan.

The soils engineer shall do, among other work, the professional inspection and approval of the preparation of the ground to receive fills, test for required compaction, and stability of all finish slopes, and the design of buttress fills, where required, incorporating data supplied by the engineering geologist.

The engineering geologist shall do, among other work, professional inspection and written 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 groundwater drainage devices; and shall report all findings to the soils engineer and the civil engineer for engineering analysis.

The building official shall inspect the project expeditiously at the scheduled stages of the work and more frequently if necessary to determine that adequate control is being exercised by the responsible professionals. The building official shall notify the RWQCB and LACFCD of any significant change in conditions from the erosion and sedimentation control design plan or where such plan is not achieving anticipated levels of performance. The RWQCB and LACFCD shall be permitted the opportunity for review. The building official may consult with either or both agencies to resolve any erosion-control problems.

D.

Notification of Noncompliance. If, in the course of fulfilling their responsibilities 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 building official. Recommendations for corrective measures, if necessary, shall be submitted to the building official.

E.

Transfer of Responsibility for Approval. If the civil engineer, the soils engineer, the engineering geologist, the grading contractor or the testing agency of record are changed during the course of the work, the work shall be stopped unless:

The property owner submits a letter of notification verifying the change of the responsible professional, with a copy so noted, to be sent to the prior responsible professional; and

The new responsible professional assumes all responsibility as of a specified date; and provides written verification that he or she has reviewed all prior reports and plans, specified by date and title, and work performed by the prior responsible professional; concurs with findings, conclusions and recommendations; and is satisfied with the work performed. Any changes in the approved plans must be approved by the building official.

F.

Plans for engineered grading and engineered slopes shall be submitted for approval to the director of planning and community development and to the city's building official. Landscaping approved by the director of planning and community development shall be installed on such graded slopes and provisions shall be made in such grading to accommodate the planting and maintenance of such landscaping.

(Ord. 7127 § 5 (part), 2007: Ord. 6974 § 2, 2004; Ord. 6483 § 2 (part), 1992)

(Ord. No. 7364, § 14, 5-18-2020)

A.

Site Preinspection. Before approving any grading plans and specifications, the building official shall inspect the site to determine that the plans and specifications are current and reflect existing conditions.

B.

Inspection of Excavation and Fills. The permittee shall notify the building official when the grading operation is ready for each of the following inspections:

Pregrading Inspection. When the permittee is ready to begin work, but not less than 2 days before any grading or brushing is started;

Toe Inspection. After the natural ground or bedrock is exposed and prepared to receive fill, but before fill is placed;

Excavation Inspection. After the excavation is started, but before the vertical depth of the excavation exceeds 10 feet;

Fill Inspection. After the fill placement is started, but before the vertical height of the fill exceeds 10 feet;

Drainage Device Inspection. After forming of terrace drains, down drains, or after placement of pipe in subdrains, but before any filter material or concrete is placed;

Rough Grading. When all rough grading has been completed. This inspection may be called for at the completion of rough grading without the necessity of the building official having previously reviewed and approved the final reports;

Final. When all work, including installation of all drainage structures and other protective devices, has been completed and the as-graded plan, professional written approval, and the required final reports have been submitted.

C.

Revised Grading Plan. Upon finding that the soil or other conditions are not as stated in the application for a grading permit, the building official may refuse to approve further work until approval is obtained for a revised grading plan which will conform to the existing conditions.

D.

Other Inspections. Upon determining that the work does not comply with the terms of the permit or this chapter, or that the soils or other conditions are not as stated on this permit, the building official may order the immediate cessation of all work there under, and such work shall cease until any required corrections are made.

E.

Notification of Completion. The permittee shall notify the building official when the grading operation is ready for final inspection. Final inspection will not be performed until all work, including installation of all drainage facilities, and protective devices, all erosion-control measures including vegetative protection, and irrigation have been completed in accordance with the final approved ground plan, and the required reports have been submitted. Final inspection will not be performed until as-built grading plans and final reports prepared by the licensed land surveyor or soils engineer of record are approved by the building official.

F.

Unexposed Work. Whenever any work for which inspections are required is covered or concealed by additional work without first having been inspected, the building official shall require, by written notice, that such work be exposed for examination. The costs of exposing and recovering for the purposes of examination shall be borne by the permittee.

G.

Authority to Stop Work. Whenever any building work or grading is being done contrary to the provisions of this chapter, the building official may order the work stopped by notice in writing served on any person performing or otherwise responsible for such work, and any such person shall forthwith stop such work until authorized by the building official to proceed. The provisions of Appendix Chapter 1 of the California Building Code, as amended, shall apply to grading construction work.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

A.

Final Reports. Upon completion of the rough grading work and at the final completion of the work, the building official shall require the following reports and drawings and supplements thereto:

An as-graded grading plan prepared, signed and sealed by the licensed land surveyor or 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.

A statement of conformance with the as-graded grading plans from the licensed surveyor, or civil engineer of record, shall be submitted in a form prescribed by the building official.

Preparation of a soils report may be required by the building official before final approval of the grading work. The report will be prepared by the soils engineer, including locations and elevations 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 provide written approval as to the adequacy of the site for the intended use, as affected by soils engineering factors.

A geologic report may be required by the building official before final approval of the grading work. The report will be 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 provide written approval as to the adequacy of the site for the intended use as affected by geologic factors.

B.

Approval. No building permit will be issued to construct a residential dwelling on a site that is covered by a separate grading permit until the as-graded plans and final reports are approved by the building official. No permanent work such as concrete placement may be done on the site until the grading is finally approved by the building official.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

A.

General. The provisions of this chapter are not intended to prevent the use of any material or method of construction not specifically prescribed by this chapter, provided any such alternate has been approved pursuant to this section.

B.

Approvals. The building official may approve any such alternate method after finding that the proposed design is satisfactory and complies with the provisions of this chapter and that the material, method or work offered is for the purpose intended at least the equivalent of that prescribed in this chapter in quality, strength, effectiveness and safety. The building official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use.

C.

Tests. Whenever there is insufficient evidence of compliance with the provisions of this chapter or evidence that any material or any construction does not conform to the requirements hereof, or in order to substantiate claims for alternate material or methods of construction, the building official may require tests as proof of compliance to be made at the expense of the permittee by an approved agency. Test methods shall be specified by this chapter for the material in question. If there are no appropriate test methods specified in this chapter, the building official shall approve the test procedure. Copies of the results of all such tests shall be retained by the city for a period of not less than 2 years after the acceptance of the grading.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

A.

The cumulative height of retaining walls (existing, new, replacement or combination) built because of cuts or fills pursuant to this chapter shall not exceed 8 feet in height as viewed in the vertical plane. The height of freeboard shall be included in measuring the height of retaining walls.

B.

Retaining walls shall be constructed with a minimum of freeboard not to exceed a maximum of 6 inches and designed to prevent drainage from continuing down the slope. Drainage devices should be placed at the top or the bottom of the retaining wall.

C.

Cuts or fills which were created prior to September 1, 1998, and which in the opinion of the building official are failing or are in danger of failing, may be supported by retaining walls of heights exceeding 8 feet, provided the following requirements are met:

The retaining wall shall be designed by a licensed professional; shall be constructed of either:

a.

Shot crete complying with Chapter 19 of the California Building Code; or

b.

Concrete cribbing; or

c.

Other materials approved by the building official.

Provisions shall be made for drainage from the supported slope. Drains shall be placed at intervals not to exceed 30 feet measured vertically.

The retaining wall shall follow the natural contours of the slope and all materials used to construct such retaining wall shall be of an earth tone color which as closely as possible matches the surrounding hillside.

Landscaping approved by the planning manager shall be installed on such walls and provisions shall be made in such walls to accommodate the planting and maintenance of such landscaping.

Planting areas described in subsection (C)(4) of this section shall be provided with an irrigation system. Such irrigation system shall be approved and inspected prior to constructing the wall.

Plans for such walls shall be submitted for approval to the director of planning and community development, and only upon approval of such, a permit issued.

D.

The maximum height of retaining walls for pools, hot tubs, and similar accessory structures built because of cuts or fills pursuant to this chapter shall not exceed 8 feet in height as viewed in the vertical plane. The height of freeboard shall be included in measuring the height of retaining walls.

(Ord. 7127 § 5 (part), 2007: Ord. 6974 § 3, 2004; Ord. 6771 § 1, 1998; Ord. 6483 § 2 (part), 1992)

(Ord. No. 7364, § 15, 5-18-2020)

It shall be unlawful for any owner, tenant, occupant, lessee or holder of any interest in real property, or any agent of such person or entity, to violate any of the provisions of this chapter. Any violation of this chapter shall not be charged as an infraction but shall be charged as a misdemeanor.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)

Appendix A

Height of Cut and Fill Slopes and Minimum Setbacks

(See Sections 14.05.170, 14.05.180 and 14.05.190)