Rialto Municipal Code Ch. 11.12 Excavations and Fills

The purpose of this chapter is to establish minimum requirements for excavating, grading and filling on all private properties within the city in order that these properties and the properties adjacent thereto may be afforded reasonable protection against the danger to life, limb and property, and to establish the procedures by which these requirements are to be enforced. In adopting the ordinance codified in this chapter, the city council declares the regulations and standards established herein to be the reasonable regulations necessary for the protection of health, safety and general welfare.

(Ord. 649 § 1 (part), 1973: 1965 code Title XIII, Ch. 11, § 1)

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

If two or more provisions of this chapter, and any other applicable law are in conflict, that which provides the greater safety shall prevail.

(Ord. 649 § 1 (part), 1973: 1965 code Title XIII, Ch. 11, § 2)

For the purposes of this chapter, the definitions listed in this section shall be construed as specified in this section:

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

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

3. "Bedrock" means in-place solid rock.

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

5. "Building" means a relatively flat site which is designed to be occupied by buildings and is prepared by artificial means, including grading, excavating, filling, or any combination thereof.

6. "Certification" means a written engineering or geological opinion concerning the progress and completion of the work.

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

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

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

10. "Contractor" means any person properly licensed by the state to perform work as described in this chapter.

11. "Developer" means any person, persons or corporation developing or contemplating the development of land within the city for any use whatsoever.

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

13. "Engineering geologist" means a geologist experienced and knowledgeable in engineering geology.

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

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

16. "Excavation" means any act by which earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced or relocated, and shall include the conditions resulting therefrom.

17. "Existing grade" means the grade prior to grading.

18. "Fill" means any act by which earth, sand, gravel, rock or any other similar material is deposited, placed, pushed, pulled or transported to a place other than the place from which it was excavated, or any material that has been loosened or disturbed from its natural state where it was deposited by evolution of geological processes.

19. "Finish grade" means the final grade of the site which conforms to the approved plan.

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

21. "Grading" means excavation or fill or any combination thereof and shall include the conditions resulting from any excavation or fill.

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

23. "Owner" means the owner of the land affected.

24. "Rough grade" means the stage at which the grade approximately conforms to the approved plan.

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

26. "Slope" means an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

27. "Soil" means naturally occurring surficial deposits overlying bedrock.

28. "Soils engineering" means the application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof.

29. "Terrace" means a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.

(Ord. 649 § 1 (part), 1973: 1965 code Title XIII, Ch. 11, § 3)

A. It shall be the responsibility of the developer, engineer, contractor or owner to obtain the services of a soils engineer.

B. Whenever the terms "written certification," "approved in writing," etc., are used in this chapter, it shall be required that the soils engineer prepare such written documentation to be forwarded immediately upon completion to:

1. The developer;

2. The engineer;

3. The contractor;

4. The city engineer, subsequently to be a matter of permanent record on file with the development services and/or public services department;

5. Any other agencies as might be required by city, county, state or federal law.

(Ord. 1234 (part), 1995: Ord. 649 § 1 (part), 1973: 1965 code Title XIII, Ch. 11, § 4)

A. Except as exempted in Section 11.12.060, no person shall do any grading without first obtaining a grading permit from the development services department. A separate permit shall be required for each site and may cover both excavations and fills.

B. Any permit issued hereunder shall be valid for the period specified but shall not exceed one year. Unless the earth movement is commenced within the time specified on the permit, the permit shall expire; and if such earth movement, after being started, ceases for a period of ninety days, said permit shall expire.

(Ord. 1234 (part), 1995: Ord. 649 § 1 (part), 1973: 1965 code Title XIII, Ch. 11, § 5)

The following are specifically excepted from the provisions of this chapter:

A. An excavation below finished grade for a basement or footings for a building, or swimming pool, or other structures authorized by a valid building permit which has been issued by the city, but this exception shall not affect the applicability of any provisions hereof to any fill made with the material of such excavation;

B. A cut or fill not exceeding one foot in depth or height on any recorded lot or parcel;

C. Any reclamation or rubbish disposal site operated by the city;

D. Any work done in city streets where a permit has been granted under any city ordinance;

E. Any work done in order to protect the public health, safety and welfare in the event of emergency or disaster.

(Ord. 649 § 1 (part), 1973: 1965 code Title XIII, Ch. 11, § 6)

With the application for a permit and prior to commencement of work there shall be submitted two sets of plans and specifications, and supporting data consisting of a soil engineering report and engineering geology report. The plans and specifications shall be prepared and signed by a civil engineer.

A. Information on Plans and in Specifications. Plans shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this chapter and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the location of the work and the name and address of the owner and the person by whom they were prepared.

The plans shall include the following information:

1. General vicinity of the proposed site;

2. Property limits and accurate contours of existing ground and details of terrain and area drainage;

3. Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction;

4. Detailed plans of all surface and subsurface drainage devices, walls, curbing, dams and other protective devices to be constructed with, or as a part of, the proposed work together with a map showing the drainage area and the estimated runoff of the area served by any drains;

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

B. Soil Engineering Report. The soil engineering report shall include data regarding the nature, distribution and strength of existing soils; conclusions and recommendations for grading procedures and design criteria for corrective measures when necessary; and opinions and recommendations covering adequacy of sites to be developed by the proposed grading.

Recommendations included in the report and approved by the development services department shall be incorporated in the grading plans or specifications.

C. Engineering Geology Report. The engineering geology report shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading.

Recommendations included in the report and approved by the public works department shall be incorporated in the grading plans or specifications.

(Ord. 1234 (part), 1995: Ord. 649 § 1 (part), 1973: 1965 code Title XIII, Ch. 11, § 7)

A. Steepness of Slopes.

1. No excavation shall be made with a cut face steeper than one and one-half horizontal to one vertical, nor shall fills be made with slopes steeper than two horizontal to one vertical.

2. Steeper slopes than those required in subsection 1 above shall be permitted by the city engineer, subject to the following conditions: a written report by a soils engineer, stating that he/she has investigated the site, made adequate tests and calculations together with his/her opinion as to the degree of cut and/or fill slopes which may be constructed without endangering health, safety or property.

B. Maximum Height of Slopes. No cut or fill slopes shall be constructed over thirty feet in height unless the city engineer is furnished evidence by a written report by a soils engineer that such slopes will be stable with a factor of safety of at least one and five-tenths.

C. Drainage Generally. All drainage provisions shall be of such design as to carry surface waters to the nearest practical street, storm drain, or natural watercourse, or a safe place to deposit and receive such waters. Said drainage provisions shall be of such design so as not to endanger the health and safety of any property, either private or public. No natural watercourse shall be filled or restricted until provisions for adequate drainage, designed by the engineer and approved by the city, have been installed.

D. Cross Drainage Requirements.

1. There shall be at least one terrace not less than five feet in width constructed in every fill slope greater than thirty feet in height or in cut slopes where the soil structure so requires by report of a soils engineer. Said terrace shall be constructed so that surface drainage will be collected in a lined gutter or similar device located at the toe of the slope which terminates in the terrace. Water shall be carried laterally in said terrace to a catchbasin or similar structure designed to collect surface drainage, said water to then be carried in a culvert or similar structure designed to take such water to the nearest practical street, storm drain or natural watercourse.

2. Other types of surface protection will be permitted in lieu of terraces, when plans and specifications are submitted by the tract engineer or soils engineer, and said protection is approved by the city engineer.

E. Stabilization of Material. No excavation or embankment shall be made until provisions are made to protect the slopes and graded area from wind erosion after completion of the grading. The protection shall consist of planting, paving, or such other method as approved by the city engineer.

F. Building Pad Grading. The building official shall approve the building pad grading at the time of final inspection for drainage of lots as shown on the approved grading plan. The approved grading plan shall be made available to the building official at this time.

G. Location of Slopes. Cut and fill slopes separating parcels of land shall be located entirely within each such parcel at the lower elevation thereof. The top of such slope shall be at least a distance of one foot from the property line of such parcel.

H. Retaining Walls. Fills located at the exterior boundary of a parcel of land shall be contained with properly designed concrete or masonry retaining walls.

(Ord. 649 § 1 (part), 1973: 1965 code Title XIII, Ch. 11, § 8)

The soils engineer shall control the compaction of all fills and shall certify that the completed fill meets the compaction requirements of this chapter.

(Ord. 649 § 1 (part), 1973: 1965 code Title XIII, Ch. 11, § 9)

As supervised by the soils engineer, the following shall be used as a guide for filled areas. For specific projects, it may be necessary to make adjustment predicated upon the analysis of the material proposed to be used for the fill and other conditions pertaining to the project, and such adjustments may be made upon written recommendation of the soils engineer.

A. General Description. The work shall consist of clearing and grubbing, removal of existing structures, preparation of land to be filled, filling of the land, spreading, compaction and control of the fill, structures and all subsidiary work necessary to complete the grading of the filled areas to conform with the lines, grades and slopes as shown on the accepted plans.

B. Clearing, Grubbing and Preparing Areas to be Filled.

1. All timber, logs, trees, brush, objectionable amounts of vegetable matter, and other rubbish shall be removed from the site so as to leave the areas free from all debris.

2. The surface shall then be plowed or scarified to a depth of at least six inches, and until the surface is free from ruts, hummocks or other uneven features which would tend to prevent uniform compaction by the equipment to be used.

3. Where fills are made on hillsides or adjacent to slopes greater than one vertical to four horizontal, continuous steps or benches shall be cut into firm and/or fully compacted material before filling is begun.

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

C. Materials. Materials for the fill shall consist of material approved by the soils engineer and may be obtained from the excavation of lands, borrow pits, or any other approved sources. The material used shall be soil free of rocks or lumps of greater dimension that six inches in the top eighteen inches and shall not contain paper, wood, glass, tin, metal, cardboard or any other deleterious substances.

D. Placing, Spreading and Compacting Fill Material.

1. All fills more than one foot in depth shall be compacted to not less than ninety percent of the maximum density as determined by the test method ASTM D-1557 and ASTM D-1556 and latest revisions after first clearing, grubbing, and preparing the natural ground surface as described in subsection B of Section 11.12.090.

2. Field density tests shall be made at a frequency determined by the soils engineer, but in no case shall tests be made at a greater interval than two feet of vertical fill. Except for finished grades, which shall be tested to the surface, the test may be taken in the compacted material several inches below the disturbed surface. No additional layers of fill shall be spread until the field density tests indicate that the specified density has been obtained.

3. Where loose materials remain on the slope after the final elevation of the slope has been attained, these loose materials shall either be removed or be compacted to eighty-five percent, as determined by the test method listed in paragraph 1 of this subsection D, to a depth nine inches below the surface of the slope.

E. Supervision. Sufficient time shall be spent by the soils engineer on the site each day that fills are placed or other pertinent work is accomplished to permit the soils engineer to certify to the proper compaction of all fills and to the adherence with all other requirements of this chapter for which he/she certifies.

F. Seasonal Limits. No fill material shall be placed, spread or rolled during unfavorable weather conditions. When the work is interrupted by heavy rain, fill operations shall not be resumed until field tests by the soils engineer indicate that the moisture content and density of the fill are satisfactory for resumption of the filling operation.

(Ord. 649 § 1 (part), 1973: 1965 code Title XIII, Ch. 11, § 10)

A. Buildings or structures shall be located clear of the toe or top of cut or fill slopes according to the following:

1. A minimum of five feet provided the slope does not exceed ten feet in height.

2. One-half of the vertical height of slope for slopes between ten feet and twenty feet in height with a maximum of ten feet.

B. Conforming slopes twenty feet or more in vertical height shall be provided with a designed retaining wall four feet in height above their toes for that portion of the slope paralleling any buildings with a distance of less than thirty feet between the building and toe of slope.

C. The provisions of subsections A and B may be waived upon acceptance by the city engineer of a report by the soils engineer stating that the distances specified can be safely reduced without endangering health, safety or property.

(Ord. 649 § 1 (part), 1973: 1965 code Title XIII, Ch. 11, § 11)

Building and grading permits shall be presumed to incorporate the provision that the applicant, his/her agent, employees, or contractors shall carry out the proposed work in accordance with the approved plans and with all requirements of this chapter and any other laws or regulations applicable thereto, whether specified or not. No approval shall relieve or exonerate any person from the responsibility of complying with the provisions and intent of this chapter.

(Ord. 1234 (part), 1995: Ord. 649 § 1 (part), 1973: 1965 code Title XIII, Ch. 11, § 12)

In granting a grading permit, the city engineer shall impose such conditions thereon as are reasonably necessary to prevent the proposed operations from being conducted in such a manner as to constitute or create a nuisance or hazard to life or property. Such conditions shall include:

A. Designation of a reasonable time limit for the commencement and completion of grading work;

B. Limitations upon the hours of the days, days of the week and seasons of the year for conducting grading operations;

C. The designations of routes on city streets along which earth, sand, gravel or similar materials shall be transported when the permit is for more than five hundred cubic yards.

(Ord. 649 § 1 (part), 1973: 1965 code Title XIII, Ch. 11, § 13)

Every application for a permit for an excavation or fill shall be accompanied by a filing fee. Said filing fee shall be as set forth in the following table:

A. Plan-Checking Fee. For excavation and fill on the same site, the fee shall be based on the volume of the excavation or fill, whichever is greater. Before accepting a set of plans and specifications for checking, the development services department shall collect a plan-checking fee. Separate permits and fees shall apply to retaining walls or major drainage structures as indicated elsewhere in this chapter. There shall be no separate charge for standard terrace drains and similar facilities. The amount of the plan-checking fee for grading plans shall be as set from time to time by resolution of the city council.

The plan-checking fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between such fee paid for the original permit and the fee shown for the entire project.

B. Grading Permit Fees. A fee for each grading permit shall be paid to the development services department as set from time to time by resolution of the city council.

The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project.

C. Bonds. The development services department may require bonds in such form and amounts as may be deemed necessary to assure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions.

In lieu of a surety bond the applicant may file a cash bond or instrument of credit with the development services department in an amount equal to that which would be required in the surety bond.

(Ord. 1234 (part), 1995: Ord. 649 § 1 (part), 1973: 1965 code Title XIII, Ch. 11, § 14)

Every permit issued pursuant to this chapter shall be kept posted in a conspicuous place on the property for which issued during the entire period that the work of grading, excavating or filling is being done.

(Ord. 649 § 1 (part), 1973: 1965 code Title XIII, Ch. 11, § 15)

Inspections on excavations and fills will be performed by the soils engineer.

(Ord. 649 § 1 (part), 1973: 1965 code Title XIII, Ch. 11, § 16)

Whenever the city engineer determines by inspection that any existing excavation or fill from any cause has become a menace to life or limb, or endangers property, blocks or restricts a natural watercourse or affects the safety, usability, or stability of a public way, the owner of the property upon which such excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the city engineer to do so, shall within the ninety days from the date of such written notice, repair or reconstruct such excavation or fill so that it will conform to the requirements set forth in Sections 11.12.080 and 11.12.090 or otherwise repair, reconstruct, strengthen or eliminate such excavation or fill in a manner satisfactory to the city engineer so that it will no longer constitute a menace or danger as aforesaid. A shorter period of time may be specified if an imminent and immediate hazard is found to exist. Service of notice shall be by personal service upon the owner, as shown by the last assessment roll, if he/she is found within the city limits. If he/she is not found within the city limits, service may be made upon said owner by registered mail or by personal service on the person occupying or controlling the structure, if any. The owner or person in control of the structure may, within fifteen days, file an appeal to the city council.

If the owner or person in charge or control fails, neglects or refuses to comply with the notice to repair or reconstruct, the city engineer may cause the unsafe fill or excavation to be repaired, reconstructed or filled to eliminate any unsafe condition either by the use of city employees or by contract with third persons. Costs incurred by the city as a result of the use of city employees and equipment or by contract with third persons shall constitute a special assessment on the real property on which the unsafe condition existed. The city engineer shall submit an itemized report of costs to the city council. The city council shall cause a copy of the report, together with notice of the date and time of hearing protests to be served on the property owner or person in charge and control of the property in the same manner as provided in the original notice to correct. The city council shall either approve or modify the report of costs. The amount finally approved shall be a lien upon the real property and the city council shall adopt a resolution assessing said amount as a lien upon the respective parcels as shown on the last assessment roll. Assessments shall be collectible in the same manner as general taxes and subject to the same penalties and forfeitures.

(Ord. 1234 (part), 1995: Ord. 649 § 1 (part), 1973: 1965 code Title XIII, Ch. 11, § 17)

The permittee shall provide such dust-laying equipment and methods as may be required by the city to insure adequate protection to adjacent properties from annoyance or damage from dust or sand caused by his/her operation.

(Ord. 1234 (part), 1995: Ord. 649 § 1 (part), 1973: 1965 code Title XIII, Ch. 11, § 18)

A. Final Reports. Upon completion of the rough grading work and at the final completion of the work the following reports and drawings and supplements thereto will be submitted:

1. An as-graded grading plan prepared by the civil engineer including original ground surface elevations, as graded ground surface elevations, lot drainage patterns and locations, and elevations of all surface and subsurface drainage facilities. He/she shall provide certification that the work was done in accordance with the final approved grading plan;

2. A soil grading report prepared by the soil engineer including locations and elevations of field density tests, summaries of field and laboratory tests and other substantiating data and comments on any changes made during grading and their effect on the recommendations made in the soil engineering investigation report. He/she shall provide certification as to the adequacy of the site for the intended use;

3. A geological grading report prepared by the engineering geologist including description of the geology of the site including any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. He/she shall provide certification as to the adequacy of the site for the intended use as affected by geologic factors.

B. Notification of Completion. The permittee or his/her agent shall notify the development services department when the grading operation is ready for final inspection. Final approval shall not be given until all work including installation of all drainage facilities and their protective devices and all erosion control measures have been completed in accordance with the final approved grading plan and the required reports have been submitted.

(Ord. 1234 (part), 1995: Ord. 649 § 1 (part), 1973: 1965 code Title XIII, Ch. 11, § 19)

The owner of any property on which an excavation or fill has been made pursuant to the provisions of this chapter, or any other person or agent in possession or control of such property, shall maintain all slopes, retaining walls, cribbing, drainage structures and other necessary protective devices.

(Ord. 649 § 1 (part), 1973: 1965 code Title XIII, Ch. 11, § 20)

Compliance with the requirements and conditions of this chapter shall not be construed to relieve the owner of real property of any legal duties, obligations or liabilities incident to the ownership of the property while the work of grading, excavating or filling is in progress, or after the completion thereof.

(Ord. 649 § 1 (part), 1973: 1965 code Title XIII, Ch. 11, § 21)

The owner of any property on which an excavation or fill has been made pursuant to the provisions of this chapter, or any other person or agent in possession or control of such property, or any person affected by such an excavation or fill may appeal in writing for a review of any requirement or condition of this chapter by the city council and be entitled to a hearing on the matter provided that such appeal specifies the grounds for review and is filed with the city clerk within fifteen days after the decision or action appealed from.

(Ord. 1234 (part), 1995: Ord. 711 § 1, 1977)