Pinole Municipal Code Ch. 15.36 Excavation, Grading, and Earthwork Construction

Sections:

* Prior ordinance history: Ord. 410.

This chapter shall be known as the “Grading Ordinance of the city of Pinole” and may be so cited. (Ord. 486 (part), 1986).

The purpose of this chapter is as follows:

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

• 1. Control erosion;
• 2. Control sedimentation;
• 3. Protect water quality of watercourses, waterbodies, and wetlands;
• 4. Safeguard health, safety, and the public welfare.

B. To establish administrative procedures and enforcement procedures to carry out these regulations. (Ord. 486 (part), 1986).

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

A. APPLICANT. Any person, partnership, corporation, or agency requesting permission to engage in any grading activity.

B. BENCH. A step constructed in the face of a cut or fill slope for maintenance, access, and drainage purposes.

C. BORROW. Earth material acquired from an offsite location for use in grading on a site.

D. DIVERSION. A temporary or permanent facility consisting of a channel, ditch, or ridge constructed across a sloping land surface to intercept and divert surface runoff in order to control its erosion potential.

E. ENGINEERING GEOLOGIST. A geologist certified in the state of California to practice engineering geology.

F. EROSION. Detachment and movement of soil or rock fragments by water, wind, ice and gravity.

G. EROSION AND SEDIMENT CONTROL MANUAL. A book entitled, “Manual of Standards for Erosion and Sediment Control Measures,” published by ABAG, 1981.

H. EXCAVATION (CUT). Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced, or relocated.

I. FILL. A deposit of earth or other material placed by artificial means.

J. FINAL EROSION AND SEDIMENT CONTROL PLAN. A plan that depicts the erosion control measures designed for a completed project.

K. GRADE. 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 final grade of the site which conforms to the approved plan.

L. GRADING. Any excavation, stripping, cutting, filling, stockpiling, clearing, or any combination thereof which alters land or vegetation.

M. HILLSIDE SITE. A site having an average slope of fifteen percent or greater.

N. INTERIM EROSION AND SEDIMENT CONTROL PLAN. A plan that depicts the erosion control measure designed for a project under construction.

O. KEY. A trench or step cut into natural ground to hold fill on an existing slope.

P. MULCHING. 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.

Q. QUARRY. 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. The period of time between October 1st and the following April 15th.

S. RUNOFF. The surface flow of water, especially the flow following precipitation.

T. SEDIMENTATION. The process by which mineral or organic matter is removed from its site or origin, transported, and then deposited by water, wind, or gravity.

U. SEDIMENT BASIN. A reservoir which retards flows sufficiently to cause or allow deposition of transported sediment.

V. SITE. 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). A plan as required by Section 15.36.170 of this chapter.

X. SOILS ENGINEER. A civil engineer registered in the state of California specializing and recognized in soils mechanics and foundation engineering.

Y. SOILS AND GEOLOGICAL RECONNAISSANCE REPORT (SOILS REPORT). a report as described in Section 15.36.180 of this chapter.

Z. STOCKPILE. A supply of earth, rock, gravel, sand, or other similar material temporarily accumulated and stored prior to final disposition.

AA. WATERCOURSE. A drainage channel carrying water year round. (Ord. 486 (part), 1986).

It shall be unlawful for any person to:

A. Perform any work within the scope of this chapter without first having obtained a permit from the public services department pursuant to this chapter.

B. 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 artificial drainage facilities; or

3. Construct or alter drainage facilities or alter drainage courses without first obtaining a permit pursuant to Chapter 15.36.080 of this article. (Ord. 486 (part), 1986).

The public services department is designated as the city department responsible for the administration of this chapter. (Ord. 486 (part), 1986).

A. No person shall do any grading work without first obtaining a permit as provided herein, 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 is required for each site where grading work is to be done. (Ord. 486 (part), 1986).

All grading work must be done in accordance with the provisions of this chapter, except that a permit, pursuant to the provisions of the chapter, shall not be required for the following work:

A. Excavation below finished grade for basements and footings of a building, retaining wall, swimming pool, or other structures authorized by a valid building permit. This shall not exempt any excavation having an unsupported height greater than five 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 fifty cubic yards 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 fifty cubic yards or less placed on ground sloping ten percent or less.

2. The height is four feet or less.

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

4. The existing drainage patterns are not altered.

E. Minor agricultural land leveling 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 ten percent or less;
• 2. The area to be cleared is one acre or less;
• 3. No land disturbance within one hundred feet of a watercourse or water body.

G. Grading in refuse disposal areas and sanitary landfills, and mining, quarrying, excavating, processing, and stockpiling of rock, sand, gravel, aggregate, or clay, as authorized by a use permit granted by the city, where the operation and conduct 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 runoff or sedimentation onto any adjacent or contiguous property. (Ord. 486 (part), 1986).

Permits shall be subject to the following conditions, unless compliance with a specific condition is waived by the director of public services.

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

The Permittee, for himself, his or her contractors, and employees, agrees to save, indemnify and hold harmless the City of Pinole 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.

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

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

D. The area in which the work may be done shall be as specified 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 specified 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 traffic 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 15.36.170 of this chapter.

I. A survey by a licensed land surveyor or registered civil engineer delineating the boundary lines of the site must be submitted.

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 services.

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 services may impose any other conditions he or she may deem necessary to carry out the intent of this chapter. (Ord. 486 (part), 1986).

A. A grading permit shall be suspended or revoked by the director of public services, unless exempted by said 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 final 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 said 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 or her equipment properly on public roads; or allows material to encroach, obstruct, or be deposited within a public right-of-way or within a drainage channel in a manner not authorized by said permit; or causes unauthorized obstruction or diversion of drainage channels.

6. The permittee fails to have a qualified inspector, 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. Upon notification from the director of public services 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 said objectionable or emergency conditions.

C. If the permittee fails to correct said objectionable or emergency conditions, the city may cause the work necessary to correct said conditions to be done, and the city may take action against the permittee's security to cover the cost of performing the work.

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

E. Whenever a permit has been revoked, work shall not commence until a new application has been filed and approved incorporating the necessary revisions required to fulfill the intent of this chapter, and a new permit has been issued. (Ord. 486 (part), 1986).

A. All changes in the plans, timing, or extent of work shall be submitted to the director of public services for written approval and incorporation into the permit before any change in the work is commenced. The director of public services 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. 486 (part), 1986).

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 services for a period of 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 effective, unless the security consists of a cash deposit. (Ord. 486 (part), 1986).

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

B. The person to whom the permit is being transferred shall agree in writing to comply with all of the requirements of the original permit and to such modifications as may be required, and shall furnish the required security before transfer of the permit will be approved. (Ord. 486 (part), 1986).

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;

B. A site map and grading plan;

C. A soils and geological reconnaissance report;

D. A final erosion and sediment control plan or an interim erosion and sediment control plan, if approved by the public services director;

E. A time schedule for accomplishing the work;

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

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. Fees in sums set by resolution of the city council. (Ord. 486 (part), 1986).

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

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

B. The slopes can be effectively protected against erosion and slippage;

C. The finished contours are relatively natural and do not distort the natural contours;

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

E. The removal of natural vegetation is not excessive and that it is done in a manner which will minimize erosion. (Ord. 486 (part), 1986).

A. If the application is complete and is in compliance with the requirements of this chapter, as determined by the director of public services, a permit will be issued.

B. Any application which is rejected because of insufficient 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 services 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 services determines that the proposed work will be significantly detrimental to adjacent property, water quality, or the public in general. (Ord. 486 (part), 1986).

The following information is required on the application form:

A. The name, address, and telephone number 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 excavating work;

H. A description of the location of the filling 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 fill 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. (Ord. 486 (part), 1986).

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 five percent or flatter, and five feet or less for slopes steeper than five 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 services.

B. Runoff calculations must be submitted with the grading plan.

1. Maximum runoff shall be computed using the rational method. The rainfall intensity-duration cure contained in the Pinole 5-year Facility Plan, Dated 1975, or a similar curve approved by the director of public services shall be used in the computation.

2. Runoff 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 fifty year frequency of occurrence runoff. 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-five year frequency of occurrence runoff. Drainage channels having a drainage area of one square mile or less shall be designed to contain a ten year frequency of occurrence runoff.

C. The maximum size of each sheet of the grading plan shall be twenty-four inches by forty 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. Specifications 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 or her 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 services. (Ord. 486 (part), 1986).

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:

1. The site is less than one-fourth acre in area and there is less than one hundred fifty cubic yards of excavation or fill.

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

3. The proposed excavation is less than five feet deep on land sloping less than ten percent.

4. The proposed fill is less than three feet high on land sloping less than ten percent.

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

B. The soils report shall include an adequate description of the geology of the site, and conclusions and recommendations regarding the effect 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 measures when necessary.

D. The soils report shall certify that the construction will be stable and will not present a hazard to the adjacent property or to the public in general.

E. No land disturbance within one hundred feet of watercourse. (Ord. 486 (part), 1986).

A. A final erosion and sediment control plan, prepared by a registered civil engineer, shall be submitted unless all of the following conditions are met:

1. The site is less than one-quarter of an acre in area and there is less than one hundred fifty cubic yards of excavation or fill;

2. The provisions for runoff control are in accordance with the provisions of this chapter and are acceptable to the director of public services;

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

4. The proposed grading does not pose a threat to adjacent or downstream properties as determined by the director of public services;

5. The proposed grading does not obstruct drainage channels;

6. The proposed grading is deemed to have no significant 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 Pinole city council to implement said Act.

B. The final erosion and sediment control plan must effectively minimize soil erosion and sedimentation from-the completed project site and must also provide for the control of runoff from the site.

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

1. A description and delineation of the vegetative measures 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 which shall include surface runoff and sediment yield calculations;

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 services;

11. Schedule for installation and maintenance of erosion and sediment control measures.

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 final erosion and sediment control plan is required by this chapter. The city will determine by July 15th if an interim plan will be necessary and on what stage of project completion the plan shall be based. The plan must be submitted in a timely manner thereafter 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 final and interim erosion and sediment control plans and the permit must be submitted in a form which is acceptable to the director of public services.

G. Rainy season work may be authorized by the public services director if erosion and sediment control measures are installed and functioning. (Ord. 486 (part), 1986).

The time schedule shall define the staging of the work, including the construction and implementation of the facilities shown on the grading plan and the interim and final erosion and sediment control plan. (Ord. 486 (part), 1986).

A. The applicant shall secure the performance of the work described and delineated on the grading plan and the permit if required by the director of public services in an amount not to exceed one hundred percent of the approved estimate of cost of performing said work. The form of security shall be one or the combination of the following at the option of and subject to approval by the director of public services.

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;

2. A deposit, either with the city or a responsible escrow agent or trust company, at the option of the city, of money or negotiable bonds of the kind approved for securing deposits of public moneys;

3. An instrument of credit from one to more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act secured are on deposit and guaranteed for payment.

B. The applicant shall secure the performance of the work described and delineated on the final and interim erosion and sediment control plans and the permit in an amount to be determined by the director of public services, but not less than one hundred percent of the estimated cost of performing said work. The form of security shall be either a deposit or instrument of credit as described in this section for security of the work shown on the grading plan, at the option of and the subject to the approval of the director of public services.

C. The director of public services shall suspend or revoke the permit if the actions or inactions of the permittee give cause to do so pursuant to the provisions of this chapter. The director of public services 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.

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 services, 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. Also, fines and penalties may be assessed for violations.

E. Security for the work shown on the grading plan will not be released until the director of public services certifies that the work has been satisfactorily completed.

F. Security for the work shown on the final erosion and sediment control plan must be maintained for a period of one year after the director of public services certifies that the work has been satisfactorily completed or until the erosion control measures are permanently stabilized, as determined by the director of public services, whichever is longer. (Ord. 486 (part), 1986).

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 if 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. 486 (part), 1986).

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 shall 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 first significant 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 any drainage device and the city must make its inspection before the device is covered. (Ord. 486 (part), 1986).

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 fill slopes must be protected against damage by erosion and the methods utilized for each protection must offer effective 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 five feet and all fill 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 fifteen 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 effective. If the vegetation does not grow and offer 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 services or until the maintenance is officially assumed by another party approved by the director of public services.

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 inflow.

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 reason.

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 effectively minimize erosion in the opinion of the director of public services. (Ord. 486 (part), 1986).

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

B. The hours of work shall be limited to seven a.m. (7:00 a.m.) to six p.m. (6:00 p.m.), Monday through Friday, and eight a.m. (8:00 a.m.) to five p.m. (5:00 p.m.) on Saturday.

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

D. Topsoil stockpiles on the site must be protected from erosion.

E. Hauling routes are subject to the approval of the director of public services. (Ord. 486 (part), 1986).

A. Cut slopes can 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 services.

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

D. Slopes less than thirty percent shall require six inches of topsoil on all nonpaved areas. Topsoil shall satisfy the following requirements:

1. Criteria.

a. United States Department of Agriculture Classifications: Topsoil shall be sandy loam, sandy clay loam or loam containing: twenty-five to eighty percent sand (0.02 - 2.0 mm), and zero to fifty percent silt (0.002 - 0.05 mm), and ten to thirty percent clay (0 - 0.002 mm).

b. Chemistry: Significant chemistry parameters will be within the following specified ranges:

i. Salinity (ECe) 0 - 4.0

(Saturation extract conductivity)

ii. Sodium (SAR) 0 - 6.0

(Calculated sodium adsorption ratio)

iii. Boron 0 - 1.0

(Concentration in ppm of saturation extract)

iv. Reaction 5.5 - 7.0

(pH of saturated paste)

c. Organic Matter (surface to six inches) permitted range:

(percent dry weight) 2 - 5

d. Fertility: Soil to contain sufficient quantities of available nitrogen, phosphorus, potassium, calcium and magnesium to support initial normal plant growth.

e. Percolation rate: (inches per hour) 0.15 - 2.0

2. In addition to removal and replacement, the following mitigation measures are acceptable.

a. USDA Classifications: None;

b. Chemistry:

i. Salinity (ECe) may be reduced by leaching to extent required to yield a twenty-four-inch profile of nonsaline (ECe less than 4.0) soil,

ii. Sodium may be reduced by amending and leaching to extent required to yield a twenty-four-inch profile of soil with sodium adsorption ratio (SAR) less than 6.0,

iii. Boron may be reduced by leaching to extent required to yield a twenty-four-inch profile with boron concentration in saturation extract solution less than 1.0 ppm;

c. Organic matter: May be enhanced by the addition of organic soil amendments including peat moss, wood residuals or bark residuals as required to yield prescribed organic content in the surface six-inch profile;

d. Fertility: May be enhanced by fertilization extent required;

e. Retesting: Where mitigations are elected, results must be demonstrated by appropriate laboratory testing.

3. Testing: The soil samples shall be taken by developer or its agent under supervision of city staff and delivered to a city approved testing laboratory. All costs for testing shall be paid by the developer including retesting as required to demonstrate success in mitigation attempts. (Ord. 535 §2(part), 1990; Ord. 486 (part), 1986).

A. The area on which fill 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 filled. All trees, existing stumps and large roots shall be removed, except that within the area where fills will be three feet or more in height, trees may be cut flush with the existing ground and grubbing of the remaining stumps will not be required except at locations where sub-drainage, 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 fill 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 plans.

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 fills shall not be constructed upon natural ground slopes which are steeper than five horizontal to one vertical unless such embankments are keyed into the natural ground; and the native material together with the fill 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 five 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 fill slope shall be higher than thirty feet unless approved by the public services director.

F. Except as noted below for rock fill, material for embankments and backfill 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 not be compacted to a relative compaction of not less than ninety percent.

G. The side slopes of all embankments shall be compacted by means of tampers or rollers to a minimum of eighty-five percent relative compaction.

H. When fill 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 finished grade of the embankment. No large rocks will be permitted to nest, and all voids shall be filled with earth or other fine material and properly compacted.

I. At the time of compaction, the moisture content of the embankment material shall be such that the relative compaction specified 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 specified may be produced with the compacting equipment being used.

J. Sufficient field tests to determine the relative compaction of the ground and embankment material shall be taken and shall be reported to the city.

K. The top and bottom of fill slopes shall not be closer than three feet to the site boundary.

L. Slopes less than thirty percent shall require six inches of topsoil on all unpaved areas. Topsoil shall satisfy the requirements specified in Section 15.36.260 D of this chapter. (Ord. 535 §2(part), 1990; Ord. 486 (part), 1986).

A. Benches at least six feet wide shall be installed on all cut and fill 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 five percent and a maximum gradient of forty percent.

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 runoff from the embankment from flowing onto the residential lot.

D. Runoff shall not be allowed to flow over the top of a slope onto the slope face.

E. Drainage facilities must discharge into existing manmade drainage facilities or into natural channels subject to the approval of the director of public services.

F. Drainage facilities must be designed to handle as a minimum the runoff computed in accordance with the requirements and standards of this chapter as specified for runoff calculations which must accompany the grading plan.

G. Building pads must slope a minimum of two percent toward drainage facilities.

H. All drainage devices not accepted for maintenance by the city must be maintained by the property owner. (Ord. 486(part), 1986).

Slopes shall be set back from buildings and property lines as shown below:

[Figure]

Required Minimum Setback

1. If the slope is flatter than 5 horizontal to 1 vertical, the required setback is 2 feet.

2. If the slope is flatter than 5 horizontal to 1 vertical, and no drainage ditch is located in this area, the required setback is 2 feet; otherwise use tabular value.

A. Upon notification of permittee, city shall make a final 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 certify that all work has been done in accordance with this chapter, the approved plans and specifications, and the grading permit and conditions thereof.

C. A reproducible copy of the grading plan reflecting any changes made and showing all improvements as finally constructed must be submitted.

D. A reproducible copy of the erosion and sediment control plan reflecting any changes made and showing all improvements as finally constructed must be submitted.

E. 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 certification and “as built” copies of the plans, the director of public services shall issue a completion to the permittee. (Ord. 486 (part), 1986).

A. Any method or material may be used to accomplish the results specified 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. 486 (part), 1986).