Chapter 20.04 — GENERAL PROVISIONS

A.

The purpose of the provisions of this title is to protect and provide for the health, safety, and general welfare of the public by establishing minimum requirements for the regulation of grading.

B.

The intent of these grading provisions is to regulate the planning, design, and development of graded areas within the city preserving the natural terrain by retention of topographic features; such as creeks, flood ways, slopes, ridge lines, rock outcroppings, vistas, and oak forest areas. These provisions are also intended to minimize storm water run-off and accelerated soil erosion and sedimentation problems created by the disturbance of the natural terrain.

(Ord. 702 N.S. (part), 1995; Ord. No. 994 N.S., § 4, 8-20-2013)

This chapter sets forth regulations for the control of excavation, grading, fills, and embankment construction; establishes the administrative procedure for issuance of permits; provides for approval of plans; and requires the inspection and approval of the work. Pertinent sections of Chapter 70 of the Uniform Building Code (UBC) is incorporated into this title, except where the city ordinance would dictate a more restrictive requirement, in which case the city's ordinance would apply.

(Ord. 702 N.S. (part), 1995; Ord. No. 994 N.S., § 4, 8-20-2013)

The provisions of this chapter shall not apply to any grading operation which is conducted during a period of emergency or disaster and which is directly connected with or related to the relief of conditions caused by such emergency, as defined by the city engineer.

(Ord. 702 N.S. (part), 1995; Ord. No. 994 N.S., § 4, 8-20-2013)

No person shall perform any grading, or shall import or export any earth materials to or from any grading site, without first having obtained a permit from the city engineer. No person shall construct hard pavement surfacing in excess of two hundred square feet, on natural or existing grade for the purpose of a private road or commercial, industrial or multi-residential parking lot or travelway without a valid grading permit.

Exceptions:

A.

Resurfacing or maintenance of paved surfaces;

B.

Grave sites within a cemetery;

C.

Excavation for public utility installation or repair, with a trench width of twenty-four inches or less and controlled by a city encroachment permit or other permit issued by the city;

D.

Refuse disposal within a public sanitary landfill site controlled by other regulations;

E.

An excavation or fill conducted by the city for emergency work as deemed necessary by the city engineer;

F.

Exploratory borings and excavations under the direction of soils engineers or engineering geologists; provided, that the site is restored to its original condition;

G.

A fill not intended to support structures which does not exceed fifty cubic yards; provided that:

An excavation which is less than two feet in depth, or which does not create a cut slope greater than five feet in height and steeper than two horizontal to one vertical,

A fill which is less than one-foot in depth and placed on natural terrain with a slope flatter than five horizontal to one vertical and not intended to support a structure,

The grading does not obstruct or divert a drainage course,

The disturbed area due to grading operations is less than three thousand square feet;

H.

Farming and agricultural grading operations on parcels which are zoned and used primarily for agriculture under the control of the United States Department of Agriculture Soil Conservation Service.

I.

Grading which does not violate the provisions of the Hillside Ordinance sedimentation.

(Ord. 702 N.S. (part), 1995; Ord. No. 994 N.S., § 4, 8-20-2013)

A.

Neither the issuance of a permit under the provisions of this title, nor the compliance with the provisions hereof or with any conditions imposed in the permit issued hereunder, shall relieve any person from responsibility for damage to other persons or property, nor impose any liability upon the city for damage to other persons or property.

B.

Liability Insurance. If, in the opinion of the city engineer, the nature of a specific grading project is such that it might create a hazard to human life or endanger adjoining or adjacent property or any public property, the city engineer may, before issuing the permit, require that the applicant file a certificate showing that the applicant is insured against claims for damages for personal injury and property damage, including damage to city property, which may arise from

or out of the performance of the work, whether such performance be by himself, his subcontractor or any person directly or indirectly employed by him. The amount of such insurance shall be prescribed by the city engineer in accordance with the nature of the risks involved. Such insurance shall include protection against liability arising from completed operations and shall have the city as a co-insured.

(Ord. 702 N.S. (part), 1995; Ord. No. 994 N.S., § 4, 8-20-2013)

No grading permit shall be issued nor shall an application for grading permit for the creation of building sites be approved, unless specifically authorized by the city council, if the city engineer makes any of the following findings:

A.

Potential Hazard. The grading proposed by the applicant will be hazardous by reason of flood, geological hazard or unstable soils, or is liable to endanger any other property or result in the deposition of material or debris on any public way or property or drainage course or otherwise create a public nuisance;

B.

Not Consistent with City Plans and Policies. The design of the proposed sites is not consistent with applicable adopted city general and specific plans, zoning ordinance, policies, property development standards, design criteria or specifications, or is contrary to the purpose and intent of this chapter.

C.

[Control Plan.] An erosion and sediment control plan has not been submitted to and approved by the city in writing.

(Ord. 702 N.S. (part), 1995; Ord. No. 994 N.S., § 4, 8-20-2013)

If at any stage of the work, the city engineer determines by observation that further grading as authorized is likely to become a menace to life or limb, endangers public or private property or affects the safety, usability or stability of a public way, the owner or of anyone else in legal control of the property concerned shall, upon receipt of written notice thereof from the city engineer, correct such condition in accordance with the provisions of this title and the requirements and conditions set forth in such notice to eliminate the undesirable condition. The owner, or other person in control of such property shall immediately commence the work required by such notice and shall complete same within a maximum time of sixty days from the date of such notice unless a shorter period of time for completion has been specified in the notice, in which case the owner or other person shall comply within such time as specified.

(Ord. 702 N.S. (part), 1995; Ord. No. 994 N.S., § 4, 8-20-2013)

A.

Known Sites. Permits to perform grading at or near known archaeological, paleontological, or similar sites of historical significance may be conditioned in such a manner as to:

Ensure the preservation of the site;

Minimize adverse impacts on the site;

Allow reasonable time for qualified professionals to perform archaeological investigations at the site; or

Preserve for posterity, in such other manner as may be necessary or appropriate in the public interest, the significant aspects of the cultural or historical site involved.

B.

Unknown Sites.

In an area designated as being archaeologically sensitive, the grading permit shall be conditioned to require that a reconnaissance survey be conducted by a professional qualified to determine that an area is a potentially sensitive archaeological site. If required by the director of community development, such a qualified professional shall monitor the grubbing and grading process and shall be empowered to place a stop-order on grading if it becomes evident that a significant archaeological, paleontological, or historical site is present.

Where a grading permit has been issued with respect to an area not known at the time of issuance to be in an archaeologically sensitive area, and where it is subsequently learned, either by a representative of the city or by any person doing grading pursuant to a grading permit, that an archaeological, paleontological, or historical site may exist within the area to be graded or being graded, all grading shall cease, and the city will proceed to determine if such grading work is consistent with applicable regulations, including but not limited to Appendix K of the guidelines for implementing the California Environmental Quality Act (CEQA).

(Ord. 702 N.S. (part), 1995; Ord. No. 994 N.S., § 4, 8-20-2013)