Petaluma Municipal Code Ch. 17.31 Grading and Erosion Control

This chapter shall be known as the "Grading Ordinance of the city of Petaluma" and may be so cited. (Ord. 1576

NCS §1, 1984.)

The purpose of this chapter is as follows:

A. To regulate grading on public and private property in order to:

1. Control erosion;

2. Control sedimentation;

3. Protect water quality;

4. Reduce pollutants in stormwater to the maximum extent practicable;

5. Safeguard health, safety, and the public welfare.

B. To establish administrative procedures to carry out these regulations.

(Ord. 2210 NCS §2, 2005; Ord. 1576 NCS §1, 1984.)

The following deZnitions are adopted for the purpose of this chapter:

A. "Applicant" means any person, partnership, corporation or agency requesting permission to engage in any

grading activity.

B. "Bench" means a step constructed in the face of a cut or Zll slope for maintenance, access and drainage

purposes.

1. "Best management practices (BMPs)" means activities, prohibition of practices, general good

housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other

management practices to prevent or reduce to the maximum extent practicable the discharge of pollutants

directly or indirectly to waters of the United States. BMPs shall also be deZned to include structural controls,

treatment controls, training requirements, operating procedures, and practices to control plant site runo],

spillage or leaks, sludge or waste disposal, and drainage from raw materials storage.

C. "Borrow" means earth material acquired from an o]-site location or use in grading on a site.

D. "Diversion" means a temporary or permanent facility consisting of a channel, ditch or ridge constructed

across a sloping land surface to intercept and divert surface runo] in order to control its erosive potential,

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

F. "Erosion" means detachment and movement of soil or rock fragments by water, wind, ice and gravity.

G. "Erosion and sediment control handbook" means a book entitled, "Erosion and Sediment Control Handbook,"

published by the state of California, Resources Agency, Department of Conservation.

H. "Excavation" ("cut") means any act by which soil or rock is cut into, dug, quarried, uncovered, removed,

displaced or relocated.

I. "Fill" means a deposit of earth or other material placed by artiZcial means.

J. "Final erosion and sediment control plan" means a plan that depicts the erosion control measures designed

for a completed project.

K. "Grade" means the vertical location of the ground surface.

"Existing grade" is the grade prior to grading.

"Rough grade" is the grade approximately conforming to the approved plan.

"Finished grade" is the Znal grade of the site which conforms to the approved plan.

L. "Grading" means any excavation, stripping, cutting, Zlling, stockpiling, clearing or any combination thereof

which alters land or vegetation.

M. "Hillside site" means a site having an average slope of Zfteen percent or greater.

N. "Interim erosion and sediment control plan" means a plan that depicts the erosion control measure designed

for a project under construction.

O. "Key" means a trench or step cut into natural ground to hold Zll on an existing slope,

P. "Mulching" means the application of plant residue or other suitable materials to the land surface to conserve

moisture, hold soil in place, and aid in establishing plant cover.

1. "NPDES general construction permit" means General Permit No. CAS000002 issued by the state water

resources control board and any future changes or amendments subsequent thereto, or any other general

permit issued by the state water resources control board, regional water quality control board, or U.S.

environmental protection agency that regulates discharges of stormwater and authorized non-stormwater

discharges to surface waters associated with construction activity including clearing, grading, and excavation

that result in land disturbance of equal to or greater than one acre or is part of a larger common plan,

2. "Notice of intent (NOI)" means formal notiZcation to the regional water quality control board or state

water resources control board by the applicant that a construction activity will occur in compliance with the

conditions of the state’s NPDES general construction permit.

3. "Notice of termination (NOT)" means formal notiZcation to the regional water quality control board or

state water resources control board by the applicant that a construction activity is completed in order to

terminate coverage under the state’s NPDES general construction permit.

Q. "Quarry" means any premises or site from which any rock, sand, gravel, stone, earth, soil or mineral is

removed or excavated for the purpose of disposition away from the immediate premises, whether such

disposition is immediate or in the future; excepting excavation necessary for the construction of a building or

structure on the site of the excavation for which valid permits have been issued, and excepting excavation which is

all or part of a grading operation to change the contours of the land in conformance with a plan approved by the

city for which a grading permit has been issued.

R. "Rainy season" means the period of time between October 1st and the following April 15th.

S. "Runo]" means the surface [ow of water, especially the [ow following precipitation.

T. "Sedimentation" means the process by which mineral or organic matter is removed from its site of origin,

transported, and then deposited by water, wind or gravity.

U. "Sediment basin" means a reservoir which retards [ows su\ciently to cause or allow deposition of

transported sediment.

V. "Site" means any lot or parcel of land or contiguous combination thereof, under the same ownership, where

grading is performed.

W. "Site map and grading plan" ("grading plan") means a plan as required by Section 17.31.170.

X. "Soils engineer" means a civil engineer registered in the state of California specializing and recognized in soil

mechanics and foundation engineering.

Y. "Soils and geological reconnaissance report" ("soils report") means a report as described in Section 17.31.180.

Z. "Stockpile" means a supply of earth, rock, gravel, sand or other similar material temporarily accumulated and

stored prior to Znal disposition.

1. "Stormwater pollution prevention plan (SWPPP)" means plan required by the state’s NPDES general

construction permit for projects that will result in soil disturbance of one acre or greater. The purpose of a

SWPPP is to identify sources of sediment and other pollutants that a]ect the quality of stormwater discharges

and to describe and ensure the implementation of BMPs to reduce or eliminate sediment and other

pollutants in stormwater as well as nonstormwater discharges.

(Ord. 2210 NCS §3, 2005; Ord. 1576 NCS §1, 1984.)

It shall be unlawful for any person to:

A. Perform any work within the scope of this chapter without Zrst having obtained a permit from the public

works department pursuant to this chapter, and/or, from the building inspection department, where required by

Chapter 70 of the Uniform Building Code.

B. To discharge stormwater or non-stormwater to surface waters associated with any construction activity that

is subject to the state’s NPDES general construction permit without Zrst having complied with the provisions

contained in the state’s NPDES general construction permit.

C. Grade in such a manner so as to:

1. Cause erosion or sedimentation on other property or on public streets,

2. Obstruct or otherwise interfere with drainage, or deposit sediment in natural or artiZcial drainage

facilities, or

3. Construct or alter drainage facilities or alter drainage courses without Zrst obtaining a permit pursuant

to chapter 17.31.060.

(Ord. 2210 NCS §4, 2005; Ord. 1576 NCS §1, 1984.)

The public works department is designated as the city department responsible for the administration of this

chapter. (Ord. 1576 NCS §1, 1984.)

A. No person shall do any grading work without Zrst obtaining a permit as provided in this chapter, including:

1. The excavation or removal of earth or rock from the surface layers of the ground;

2. The movement or transportation of earth around, along, over or on the surface of the ground;

3. The deposition, placement or compaction of earth materials for the construction of embankments;

4. The clearing of vegetation.

B. A permit required for each site where grading work is to be done.

(Ord. 1576 NCS §1, 1984.)

All grading work must be done in accordance with the provisions of this chapter, except that a permit, pursuant to

the provisions of this chapter, shall not be required for the following work:

A. Excavation below Znished grade for basements and footing of a building, retaining wall, swimming pool or

other structure authorized by a valid building permit. This shall not exempt any Zll made with the material from

such excavation or exempt any excavation having an unsupported height greater than Zve feet after the

completion of such structure;

B. Excavation for cemetery graves;

C. Excavation when all of the following conditions are met:

1. The quantity is one hundred Zfty cubic yard or less;

2. The depth is four feet or less;

3. The slope of the cut face is two feet horizontal to one foot vertical or less;

D. Fill when all of the following conditions are met:

1. The quantity is one hundred Zfty cubic yards or less placed on ground sloping twenty percent or less;

2. The height is four feet or less;

3. The slope of the Zll embankment face is two feet horizontal to one foot vertical or less;

4. The existing drainage patterns are not altered;

E. Minor agricultural land levelling when the change in elevation is three feet or less;

F. Clearing vegetation when all of the following conditions are met:

1. The slope of the ground is twenty percent or less;

2. The area to be cleared is one acre or less;

3. Where the removal of such vegetation has been approved by the community development and planning

director as being consistent with the city’s General Plan/EDP and Zoning Ordinance;

G. Grading in refuse disposal areas and sanitary landZlls; and mining; quarrying; excavating; processing and

stockpiling of rock; sand; gravel; aggregate or clay for which a use permit has been granted by the city; where the

operation and control thereof is consistent with the grading standards set forth herein; and where the work does

not block or divert any natural drainage way or increase runo] or sedimentation onto any adjacent or contiguous

property.

(Ord. 1576 NCS §1, 1984.)

Permits shall be subject to the following conditions; unless compliance with a speciZc condition is waived by the

director of public works:

A. A "hold harmless" clause must be executed by the permittee. The clause shall read as follows:

"The Permittee; for himself; his contractors; and employees; agrees to save; indemnify and hold

harmless the City of Petaluma and its representatives from all liabilities; claims and judgments for

damages by reason of injury or death to any person or persons; or damage to property from any cause

whatsoever while in; upon or in any way connected with the work covered by this Grading Permit, and

does further agree to defend the City in any claim arising out of or as a result of the work done under

this permit whether or not there is concurrent passive or active negligence on the part of the City; but

excluding liabilities due to the sole negligence or willful misconduct of the City."

B. The work must be completed within the time period speciZed on the permit.

C. The work must be in conformance with the approved interim and Znal erosion and sediment control plan.

D. The area in which the work may be done shall be as speciZed in the approved plans and on the permit.

E. The details of the work to be done shall be as delineated on the approved plans and as noted on the permit.

F. Work shall be performed only within those hours speciZed in this chapter; unless other work hours are noted

in the permit.

G. Haul routes shall be as delineated on the approved plans or as noted on the permit. Any special safety

precautions which must be taken to guide pedestrian and vehicular tra\c movements in; around; and by the work

shall be delineated on the approved plans or as noted on the permit.

H. Posting of security must be in conformance with Section 17.31.210 of this chapter.

I. A survey delineating the boundary lines of the site and adequate horizontal and vertical control staking for

the grading and erosion control and drainage be provided under the supervision of a licensed land surveyor or

registered civil engineer.

J. An inspector working under the supervision of a registered civil engineer must be on the site during grading

operations.

K. The disposal site for any material removed from the grading site must be approved by the director of public

works.

L. The extent of unprotected slopes allowed at any one time and the time said slopes are allowed to remain

unprotected shall be as required by this chapter unless noted otherwise on the permit.

M. The director of public works may impose any other conditions he deems necessary to carry out the intent of

this chapter.

(Ord. 1576 NCS §1, 1984.)

A. A grading permit shall be suspended or revoked by the director of public works; unless exempted by the

director; if:

1. Conditions at the site vary appreciably from those shown on the approved plans;

2. Construction does not conform to the approved grading plan; interim and Znal erosion and sediment

control plan; time schedules; or conditions of the grading permit;

3. The site is left in a condition hazardous to the public or to the adjacent properties; and the permittee

does not comply with reasonable requirements to correct those conditions;

4. The permittee does not comply with reasonable requirements to safeguard the workmen; the public or

other persons acting in a lawful manner;

5. The permittee; in connection with the operations for which the permit was issued; fails to operate his

equipment properly on public roads; or allows material to encroach; obstruct or be deposited within a public

road right-of-way or within a drainage channel in a manner not authorized by the permit; or causes

unauthorized obstruction or diversion of drainage channels;

6. The permittee fails to have a qualiZed person; working under the supervision of a registered civil

engineer; on the site during operations when so required by the permit; or fails to have the work under

proper supervision at all times;

7. Emergency conditions exist on the site which constitute a threat to health; safety or public welfare.

B. The director of public works shall notify the permittee of the suspension or revocation and; if emergency

conditions do not exist; shall give the permittee a period of time to correct the cause of the suspension or

revocation.

C. Upon notiZcation from the director of public works of the suspension of the permit; the permittee shall cease

all work in connection with the permit with the exception of the work necessary to correct the objectionable or

emergency conditions which caused the suspension of the permit. The permittee shall then proceed at once to

correct the objectionable or emergency conditions.

D. If the permittee does not correct the cause of the suspension or revocation, or if emergency conditions exist

as determined by the director of public works, the city may perform or cause to be performed the necessary work to bring the site to a safe condition which will not endanger adjacent property or the public at large. The city may

collect the cost of this work from the permittee’s security.

E. Any permit which has been suspended may be either reinstated or revoked by the director of public works.

F. Whenever a permit has been revoked, work shall not commence until a new application has been Zled and

approved incorporating the necessary revisions required to fulZll the intent of this chapter, and a new permit has

been issued.

(Ord. 1576 NCS §1, 1984.)

A. All changes in the plans, grades, timing, or extent of work shall be submitted to the director of public works

for written approval and incorporation into the permit before any change in the work is commenced. The director

of public works may amend the permit to approve such changes, if appropriate, or may deny approval of such

changes.

B. Failure to obtain prior approval for any change in the work shall be cause for the suspension of the permit

until approval is obtained, and may result in the revocation of the permit if such changes are deemed to be

hazardous to adjoining properties or to the public at large.

(Ord. 1576 NCS §1, 1984.)

A. The permittee may, before the expiration of the permit, apply for an extension of time in which to complete

the work in a reasonable and expeditious manner.

B. Extensions of time may be granted by the director of public works for a period or periods not exceeding a

total of one year.

C. Denial of an extension of time shall not preclude the right of the permittee to apply for a new permit for the

remaining balance of the work.

D. Written consent of the surety to any extension of time must be furnished before the approval of the

extension becomes e]ective, unless the security consists of a cash deposit.

(Ord. 1576 NCS §1, 1984.)

A. The transfer of a permit from the permittee to another person shall be subject to the prior written approval

of the director of public works.

B. The person to whom a permit is being transferred shall agree in writing to comply with all of the

requirements of the original permit and to such modiZcations as may be required, and shall furnish the required

security before transfer of the permit will be approved.

(Ord. 1576 NCS §1, 1984.)

The application for a permit must include all of the following items unless exempted by other provisions of this

chapter:

A. A completed permit application form (see Section 17.31.160);

B. A site map and grading plan (see Section 17.31.170);

C. A soils and geological reconnaissance report (see Section 17.31.180);

D. A Znal erosion and sediment control plan (see Section 17.31.190);

E. A time schedule for accomplishing the work (see Section 17.31.200);

F. Any supplementary data as may be required by the director of public works;

G. Security to guarantee that the work will be done and completed in accordance with the application and

conditions of the permit, and that the city will be reimbursed for any work it may be required to perform to

alleviate hazardous emergency conditions;

H. Application fees as set by resolution of the city council.

I. A copy of the submitted NOI for the site and waste discharge identiZcation number, if applicable, per Section

P(1) of 17.31.030.

J. A copy of the SWPPP conforming with the requirements of the state’s NPDES general construction permit, if

applicable, per Section P(1) of 17.31.030.

(Ord. 2210 NCS §5, 2005; Ord. 1576 NCS §1, 1984.)

The review of the application for a permit shall take into consideration, but shall not be limited to, the following

criteria:

A. Whether the grading is not excessive beyond that necessary for the permitted use of the site;

B. Whether the slopes can be e]ectively protected against erosion and slippage;

C. Whether the Znished contours are relatively natural and do not distort the natural contours;

D. Whether hillside sites are suitable for development in the manner proposed;

E. Whether the removal of natural vegetation is not excessive and that it is done in a manner which will

minimize erosion.

F. Whether the SWPPP complies with the requirements set forth in the state’s NPDES general construction

permit.

(Ord. 2210 NCS §6, 2005; Ord. 1576 NCS §1, 1984.)

A. If the application is complete and is in compliance with the requirements of this chapter, as determined by

the director of public works, a permit will be issued.

B. Any application which is rejected because of insu\cient data or inadequate design shall be without prejudice.

C. Each permit shall be valid for a period of one year from the date of issuance unless noted otherwise on the

permit. The date the permit expires shall be noted on the permit.

D. The application shall be rejected if the director of public works determines that the proposed work would

cause excessive disturbance of the land through grading or the removal of vegetation.

E. The application shall be rejected if the director of public works determines that the proposed work will be

signiZcantly detrimental to adjacent property; water quality, or the public in general.

(Ord. 1576 NCS §1, 1984.)

The following information is required on the application form:

A. The name, address and telephone numbers of the applicant;

B. The names, addresses and the telephone numbers of all property owners other than the applicant;

C. The names, addresses and telephone numbers of any and all contractors or persons actually doing the work,

and the work that each will be doing;

D. The name, address, telephone number and registration number of the party responsible for preparing the

grading plan;

E. The name, address, and telephone number of the party responsible for preparing the erosion and sediment

control plan;

F. The name, address and telephone number, and registration number of the registered civil engineer

responsible for the preparation of the soils and geological reconnaissance report, if required;

G. A description of the location of the excavation work;

H. A description of the location of the Zlling or disposal sites of the excavated material if other than on the site of

the excavation;

I. A brief description of the work to be accomplished;

J. The proposed use of the graded site;

K. The land use zoning;

L. The quantity of excavation in cubic yards;

M. The quantity of Zll in cubic yards to be placed on the site;

N. The total quantity of grading on the site in cubic yards;

O. The date of the application;

P. The signature of the owners of the site or their authorized representative;

Q. California Environmental Quality Act documentation.

R. Waste discharge identiZcation number, if applicable.

(Ord. 2210 NCS §7, 2005; Ord. 1576 NCS §1, 1984.)

A. The grading plan shall contain the following information:

1. A vicinity map showing the location of the work;

2. The property line boundary of the site;

3. All existing improvements on and adjacent to the property;

4. The existing and proposed contours of the site. The minimum contour interval shall be one foot or less

for slopes Zve percent or [atter, and Zve feet or less for slopes steeper than Zve percent. The contour interval

shall be small enough to clearly show the drainage pattern of the site;

5. The existing and proposed drainage;

6. The extent and manner of the cutting of trees and the clearing of vegetation, the disposal of same, and

the measures to be taken for the protection of undisturbed trees and vegetation, unless this information is

shown on an erosion and sediment control plan;

7. Any other information required by the director of public works.

B. Runo] calculations must be submitted with the grading plan.

1. Maximum runo] shall be computed using the Rational Method. The rainfall intensity-duration curve

contained in "Flood Control Design Criteria SCWA rev. 1973," or a similar curve approved by the director of

public works, and "C" values approved by the director of public works, shall be used in the computation.

2. Runo] design shall accommodate the full and anticipated future development within the drainage area.

3. Drainage channels having a drainage area of four square miles or more shall be designed to contain a

one-hundred-year frequency of occurrence runo]. Drainage channels having a drainage area of less than

four square miles and more than one square mile shall be designed to contain a twenty-Zve year frequency

of occurrence runo]. Drainage channels having a drainage area of one square mile or less shall be designed

to contain a ten year frequency of occurrence runo].

C. The maximum size of each sheet of the grading plan shall be twenty-four inches by thirty-six inches.

D. The scale of the grading plan shall be an engineering scale large enough to show clearly all details, but not

less than one inch equals one hundred feet.

E. The details of any drainage structures or retaining walls must be shown on the grading plan.

F. SpeciZcations describing proposed construction methods and materials to be used must be submitted with

the grading plan.

G. The grading plan must be signed by a registered civil engineer and must be prepared under his direction.

H. An estimate of the cost of accomplishing the work described and delineated on the grading plan and the

permit must be submitted in a form which is acceptable to the director of public works.

(Ord. 1576 NCS §1, 1984.)

A. A soils report, prepared by a soils engineer and based upon adequate test borings, shall be submitted unless

all of the following conditions are met and a building permit is not required:

1. The site is less than one acre in area and there is less than one thousand cubic yards of excavation or Zll;

2. The average slope of the site before grading is less than twenty percent;

3. The proposed excavation is less than Zve feet deep on land sloping less than twenty percent;

4. The proposed excavation is less than Zve feet deep on land sloping less than twenty percent;

5. The proposed Zll is less than three feet high on land sloping less than twenty percent;

6. The stability of the soil on the site is clearly established as determined by the director of public works.

B. The soils report shall include an adequate description of the geology of the site, and conclusions and

recommendations regarding the e]ect of geologic conditions on the proposed development.

C. The soils report shall include data regarding the nature, distribution and strength of existing soils, and

conclusions and recommendations for grading procedures and design criteria for corrective measure when

necessary.

D. The soils report shall state or express the opinion that the construction will be stable and will not present a

hazard to the adjacent property or to the public in general.

(Ord. 1576 NCS §1, 1984.)

A. A Znal erosion and sediment control plan, prepared by a registered civil engineer, shall be submitted unless

all of the following conditions are met and a building permit is not required:

1. The site is less than one acre in area and there is less than one thousand cubic yards of excavation or Zll;

2. The provisions for runo] control are in accordance with the provisions of this chapter and are acceptable

to the director of public works;

3. The average slope of the site before grading is less than Zfteen percent;

4. The site is within zones C or D as shown on the U.S. Department of Housing and Urban Development

Flood Insurance Rate Maps;

5. The proposed grading does not pose a threat to adjacent or downstream properties as determined by

the director of public works;

6. The proposed grading is deemed to have no signiZcant environmental impact as determined pursuant to

the provisions of the California Environmental Quality Act, as amended, and the regulations promulgated by

the California Resources Agency and the Petaluma city council to implement the Act.

B. The Znal erosion and sediment control plan must e]ectively minimize soil erosion and sedimentation from

the completed project site and must also provide for the control of runo] from the site.

C. The Znal and interim erosion and sediment control plans shall contain the following information:

1. A description and delineation of the vegetative measure to be taken to minimize erosion and

sedimentation;

2. A description and delineation of the temporary and permanent measures to be taken to protect

manufactured or disturbed slopes from erosion by mechanical means; such as with mulches; diversion dikes;

etc.;

3. The delineation of the drainage control measures to be taken;

4. The extent and manner of the cutting of trees and the clearing of vegetation; the disposal of same; and

the measures to be taken for the protection of undisturbed trees and vegetation;

5. The methods to be used for the disposal of excess materials;

6. The methods to be used for the control of dust;

7. A description and delineation of the temporary and permanent measures to be taken to retain sediment

on the site;

8. A description of the measures to be taken to maintain the devices shown on the plan during grading

operations and construction on the site;

9. The extent of disturbed ground that will exist; what streets will be paved; and what drainage devices will

be installed prior to the start of each rainy season;

10. Any other information required by the director of public works.

D. The Erosion and Sediment Control Handbook should be used as a guide as to what measures should be taken

for any particular set of circumstances.

E. An interim erosion and sediment control plan is required prior to each rainy season during construction for a

project for which a Znal erosion and sediment control plan is required by this chapter. The plan must be

submitted in a timely manner to allow the city to review and approve the plan prior to September 1st. The

measures delineated and described in the plan must be operational prior to October 1st.

F. An estimate of the cost of accomplishing the work described and delineated on the Znal and interim erosion

and sediment control plans and the permit must be submitted in a form which is acceptable to the director of

public works.

(Ord. 1576 NCS §1, 1984.)

The time schedule shall deZne the staging of the work; including the construction and implementation of the

facilities shown on the grading plan and the interim and Znal erosion and sediment control plan. (Ord. 1576 NCS

§1, 1984.)

A. Faithful Performance—Grading. The application shall secure the faithful performance of the work described

and delineated on the grading plan and the permit if required by the director of public works in an amount not to

exceed one hundred percent of the approved estimate of cost of performing the work. The security shall inure to

the beneZt of the city. The security shall be one of the following at the option of and subject to approval of the

director of public works. The security shall be on a form subject to the approval of the city attorney.

1. Bond or bonds 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;

2. A deposit; either with the city or a responsible escrow agent or trust company; at the option of the city;

or money or negotiable bonds of the kind approved for securing deposits of public moneys;

3. An instrument of credit from one or more Znancial institutions subject to regulation to state or federal

government and pledging that the funds necessary to carry out the act secured are on deposit and

guaranteed for payment; or a letter of credit issued by such a Znancial institution.

B. Faithful Performance—Erosion Control. The applicant shall secure the performance of the work described and

delineated on the Znal and interim erosion and sediment control plans and the permit in an amount to be

determined by the director of public works but not less than one hundred percent of the estimated cost of

performing the work. The form of security shall be as described in subsection 1 of this section.

C. Maintenance Bond. Security for the work shown on the Znal erosion and sediment control plan must be

maintained for a period of one year after the director of public works certiZes that the work has been satisfactorily

completed or until the erosion control measures are permanently stabilized, as determined by the director of

public works; whichever is longer.

D. Release. Security for the work shown on the grading plan will not be released until the director of public works

certiZes that the work has been satisfactorily completed.

(Ord. 1576 NCS §1, 1984.)

A. The following fees are to be paid in amounts to be established by resolution of the city council:

1. A permit fee which is to be paid at the time the permit application is submitted;

2. An inspection fee which is based on the actual cost to the city for inspection services.

B. A permit fee need not be paid for a revised application for a project for which the original application was

denied and the original permit fee was paid; if the revised application is submitted within a period of one year

from the date of the original application; and if the scope of the project has not changed.

(Ord. 1576 NCS §1, 1984.)

A. No grading work shall be done before a permit is issued therefor.

B. The permittee shall notify the city forty-eight hours prior to starting work at the beginning of the project and

on each occasion where work has stopped for more than three consecutive working days.

C. The city shall have the right to inspect the work regularly for compliance with the requirements of this

chapter and the conditions of the permit.

D. The city shall place special emphasis on inspection at critical times in the sequence of construction; such as

immediately prior to July 15th; immediately prior to October 1st; immediately after the Zrst signiZcant rainfall of

the season; and after every heavy storm.

E. The civil engineer who prepared the grading plans shall submit a progress report at the end of every month

during which work was done.

F. The permittee must call for city inspection for a drainage device and the city must make its inspection before

the device is covered.

(Ord. 1576 NCS §1, 1984.)

A. The Erosion and Sediment Control Handbook shall be used as a guide for the design and suitability of erosion

and sediment control measures.

B. The faces of cut and Zll slopes must be protected against damage by erosion and the methods utilized for

such protection must o]er e]ective erosion control prior to the beginning of, as well as during, the rainy season.

C. Where graded slopes are steeper than three feet horizontal to one foot vertical or are higher than ten feet,

they shall be protected with a temporary soil stabilization measure such as jute matting or an equivalent mulch

until planting is established.

D. The surface of all cut slopes higher than Zve feet and all Zll slopes higher than three feet must be

permanently protected against damage by erosion by the planting and establishment of protective vegetation.

E. Slopes higher than Zfteen feet shall be planted with shrubs spaced ten feet maximum on centers or trees

spaced twenty feet maximum on centers or a combination of shrubs and trees at equivalent spacings in addition

to other vegetative cover,

F. The planting or seeding of vegetative protection must be e]ective. If the vegetation does not grow and o]er

proper protection, it must be replanted or reseeded.

G. The maintenance of vegetative protection on graded slopes shall be the responsibility of the permittee and

shall be guaranteed until the vegetation is well established as determined by the director of public works or until

the maintenance is o\cially assumed by another party approved by the director of public works.

H. Sediment control facilities must be constructed and in working order prior to the beginning of the rainy

season and must prevent sediment from being transported from the site.

I. The outlet from any sedimentation basin must be designed to handle 1.5 times the maximum design in[ow,

J. A standby emergency crew must be provided by the permittee and must be available at all times during the

rainy season to repair and maintain the erosion and sediment control devices.

K. Erosion control materials must be stockpiled on the site for emergency repairs during the rainy season.

L. Minor protective devices that have been removed during the working day shall be replaced at the end of the

working day if the chance of rain is greater than forty percent.

M. After each rainfall the permittee shall inspect all erosion and sediment control devices and shall clean them

and repair any damage.

N. Erosion control devices must be installed where drainage facilities discharge into natural channels. The

devices may be rip-rap or concrete channel protection, stilling basins, check dams, drop structures, or other

devices which will e]ectively minimize erosion in the opinion of the director of public works.

(Ord. 1576 NCS §1, 1984.)

A. Work may be prohibited during inclement weather upon the order of the director of public works.

B. If the work is being done within Zve hundred feet of residential or commercial occupancies, the hours of work

shall be limited to six a.m. to eight p.m., Monday through Friday, and eight a.m. to Zve p.m. on Saturday.

C. Work must be controlled to prevent causing a public nuisance due to dust, noise, vibration, etc.

D. Any blasting to be done shall conform to the provisions of the Uniform Fire Code.

E. Topsoil stockpiled on the site must be protected from erosion.

F. Hauling routes are subject to the approval of the director of public works.

G. Work under this chapter does not exclude or preclude building permit requirements under Section 70 of the

Uniform Building Code.

H. Work under this chapter does not exclude or preclude zoning and California Environmental Quality Act

requirements as administered by the community development and planning director.

(Ord. 1576 NCS §1, 1984.)

In addition to any adopted BMPs or other requirements for construction projects adopted by the city, the

following requirements shall apply to all projects undergoing construction in the city. The requirements set forth

below shall apply at the time of demolition of an existing structure or commencement of construction and until

the project receives Znal occupancy/clearance from the city.

A. Sediment, construction waste and other pollutants from construction sites and parking areas, including

runo] from equipment at construction sites, shall be retained on the site to the maximum extent practicable.

B. Any sediment or other materials that are not retained on the site shall be removed the same day as the

projects are completed. Where determined necessary by the city engineer, a temporary sediment barrier shall be

installed.

C. Excavated soil shall be located on the site in a manner that minimizes the amount of sediments running into

the street or adjoining properties. Soil piles shall be covered until the soil is either used or removed.

D. No washing of construction or other industrial commercial vehicles shall be allowed on a construction site or

property adjacent to a construction site.

E. Drainage controls shall be utilized as needed, depending on the extent of the proposed grading and

topography of the site, including, but not limited to, the following: detention ponds, sediment ponds, inZltration

pits, dikes, Zlter berms, ditches, down drains, chutes, or [umes.

(Ord. 2210 NCS §8, 2005.)

A. Cut slopes shall be no steeper than necessary, but shall in no case be steeper than two feet horizontal to one

foot vertical.

B. No cut slope shall be higher than thirty feet unless approved by the director of public works.

C. The top of the excavation slope shall not be closer than three feet to the site boundary.

(Ord. 1576 NCS §1, 1984.)

A. The area on which Zll is to be placed shall be cleared of all vegetation, such as trees, logs, stumps, and roots

of trees, brush, heavy growth of grass and weeds, and any other objectionable material, such as debris, concrete

foundations, metal, or nonearthen materials which cannot be properly consolidated or will not support the load of

the embankment or structures. The cleared area shall extend to a width of two feet outside the area to be Zlled.

All trees, existing stumps and large roots shall be removed, except that within the area where Zlls will be three feet

or more in height, trees may be cut [ush with the existing ground and grubbing of the remaining stumps will not

be required except at locations where subdrainage, trenches, drain pipes, foundations or other structures are to

be constructed or where unsuitable material is to be removed before construction of the embankment.

B. The existing ground shall be prepared to receive Zll construction by:

1. The installation of subdrains to intercept and dispose of waters from springs, aquifers, or other

underground sources of water; and storm drains to intercept and dispose of surface waters where required

on approved plan.

2. Compacting the ground area upon which any embankment is to be constructed to a minimum relative

compaction of ninety percent throughout the top six inches.

C. Embankment Zlls shall not be constructed upon natural ground slopes which are steeper than Zve horizontal

to one vertical unless such embankments are keyed into the natural ground; and the native material together with

the Zll material shall be recompacted to a relative compaction of ninety percent. The width of the steps for keying

new embankments to existing slopes shall be the width of the compaction equipment plus Zve feet but not less

than ten feet. The construction operation shall be such that a slip plane is not created between the original

material and the newly compacted material.

D. Fill slopes shall be no steeper than necessary; but shall in no case be steeper than two feet horizontal to one

foot vertical.

E. No Zll slope shall be higher than thirty feet unless approved by the director of public works.

F. Except as noted below for rock Zll; material for embankments and backZll for excavations; slides; walls and

other structures shall be spread in layers not exceeding eight inches in loose thickness before compaction; and

each layer shall be compacted to a relative compaction of not less than ninety percent or as recommended by the

soils engineer.

G. The side slopes of all embankments shall be compacted by means of tampers or rollers to a minimum of

eight-Zve percent relative compaction or as recommended by the Soils Engineer.

H. When Zll material includes rock; individual rocks shall not be greater than three feet in greatest dimension;

and no rock larger than six inches in greatest dimension will be permitted closer than eighteen inches below

Znished grade of the embankment. No large rocks will be permitted to nest; and all voids shall be Zled with earth

or other Zne material and properly compacted.

I. At the time of compaction; the moisture content of the embankment material shall be such that the relative

compaction speciZed may be obtained with the compacting equipment being used. Water shall be added in the

required amount to obtain the optimum moisture content for achieving maximum density. Compaction of

embankment material which contains excessive moisture shall be delayed until material has been allowed to dry

to such an extent that the relative compaction speciZed may be produced with the compacting equipment being

used.

J. Su\cient Zeld tests to determine the relative compaction of the ground and embankment material shall be

taken and shall be reported to the city.

K. Fill slopes shall not go beyond the project’s boundary unless the U.B.C. Chapter 70 is complied with and

written permission or easements have been granted by the adjoining owners.

(Ord. 1576 NCS §1, 1984.)

A. Benches at least seven feet wide shall be installed on all cut and Zll slopes at not more than twenty-foot

vertical intervals.

B. All benches shall have city standard concrete v-ditches for drainage. The ditches shall have a minimum

gradient of one-half of one percent and a maximum gradient of three and one-half percent. On slopes greater

than three and one-half percent the drainage system shall be designed to accept scouring velocities.

C. All natural embankments adjacent to or within residential lots twenty feet or more in height shall have

benches and v-ditches near the bottom of the slope to prevent runo] from the embankment from [owing onto

the residential lot.

D. Runo] shall not be allowed to [ow over the top of a slope onto the slope face.

E. Drainage facilities must discharge into existing man-made drainage facilities or into natural channels subject

to the approval of the director of public works.

F. Drainage facilities must be designed to handle as a minimum the runo] computed in accordance with the

requirements and standards of this chapter as speciZed for runo] circulations which must accompany the grading

plan.

G. Finished building pads must slope a minimum of one percent towards drainage facilities unless paved areas

are used or larger lots are left undeveloped and an interim one-half percent slope is satisfactory. Constructed pad

elevations shall be checked by a civil engineer or licensed land surveyor prior to issuance of a building permit.

H. All drainage devices not accepted for maintenance by the city or Sonoma County water agency must be

maintained by the property owner.

(Ord. 1576 NCS §1, 1984.)

Slopes shall be set back from buildings and property lines as shown on Figure 290-1:

Figure 290-1.

1 If the slope is [atter than Zve horizontal to one vertical; the required setback is two feet.

2 If the slope is [atter than Zve horizontal to one vertical; and no drainage ditch is located in this area; the

required setback is two feet otherwise use tabular value.

(Ord. 1576 NCS §1, 1984.)

A. Upon notiZcation of permittee, city shall make a Znal inspection to determine if all work has been completed

satisfactorily in accordance with the permit and the approved plans.

B. The soils engineer who prepared the soils and geological reconnaissance report, if required, shall state or

express the opinion that all work has been done in accordance with this chapter, the approved plans and

speciZcations, and the grading permit and conditions thereof.

C. A reproducible copy of the grading plan and erosion and sediment control plan, re[ecting any major changes

made and showing improvements as Znally constructed, must be submitted by the grading contractor.

D. When all work has been completed satisfactorily in accordance with the permit and the approved plans, and

when the director of public works has received the required statements or opinions and "as-built" copies of the

plans, the director of public works shall issue a notice of completion to the permittee.

E. A copy of the submitted NOT for the site upon completion of the project, per Section P(1) of 17.31.030.

(Ord. 2210 NCS §9, 2005; Ord. 1576 NCS §1, 1984.)

A. Any method or material may be used to accomplish the results speciZed in this chapter, subject to the

approval of the director of public works.

B. The Erosion and Sediment Control Handbook should be used for guidance in designing erosion and sediment

control facilities.

(Ord. 1576 NCS §1, 1984.)

In addition to the other penalties speciZed by this code, any grading, excavation or work performed contrary to

the provisions of this chapter by any person, Zrm, partnership, corporation, or agency, whether as principal, agent,

employee, or otherwise, shall be, and the same is declared to be, unlawful and a public nuisance. The city attorney

shall, on order of the city council, immediately commence an action or proceeding for the abatement and removal and enjoinment thereof in a manner provided by law; and shall take such other steps and shall apply to any court

as has jurisdiction to grant relief and as will abate or remove such use and restrain and enjoin the violation. (Ord.

1576 NCS §1, 1984.)