Richmond Municipal Code Ch. 12.44 Excavation, Grading and Earthwork Construction

Footnotes:

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Editor's note— Prior ordinance history: Ordinance No. 1706 as amended by Ordinance Nos. 162, 4-80 N.S., 17-93 N.S. and 19-97 N.S.

(a) Purpose and Intent. The primary purposes of this chapter are to protect life, limb and property, to promote and enhance the general public welfare and a superior community environment, and insofar as it is economically feasible, to ensure the maximum possible preservation of the natural scenic character of major portions of the City, by establishing minimum standards and requirements relating to land grading, excavations and fills, and procedures by which these standards and requirements may be enforced. It is intended that this chapter be administered with the foregoing purposes in mind and with a view to:

(1) Ensuring that future development of lands, particularly in the hillside areas of the City, occurs in the manner most compatible with surrounding areas and so as to have the least adverse effect upon other persons or lands, or upon the general public;

(2) Ensuring that soil will not be stripped and removed from lands within the City, leaving them barren, unsightly and susceptible to erosion, subsidence and faulty drainage;

(3) Ensuring the regulation of grading private property in order to control erosion, control sedimentation and to protect the water quality of water courses, waterbodies and wetlands;

(4) Encouraging the planning, design and development of building sites in such fashion as to provide the maximum in safety and human enjoyment, while adapting development to and taking advantage of the best use of the natural terrain;

(5) Encouraging and directing special attention toward retaining and protecting, insofar as practical, the natural planting and a maximum number of existing trees.

(b) Scope.

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

(2) The provisions of this chapter are supplementary and in addition to the zoning and subdivision regulations of the City. The provisions of this chapter shall be read and construed in connection with and as an integrated part of the zoning and subdivision chapters and the patterns of land development control established thereby.

(3) In the event of conflict between this chapter and Chapter 33 of the most recently adopted Uniform Building Code entitled "Excavation and Grading," this chapter shall take precedence.

(c) Actions Prohibited. It shall be unlawful for any person to:

(1) Perform any work within the scope of this chapter without a permit from the Building Official.

(2) Grade in such a manner so as to:

(A) Cause erosion or sedimentation on other property or on public streets;

(B) Obstruct or otherwise interfere with drainage, or deposit sediment in natural or artificial drainage facilities; or

(C) Construct or alter drainage facilities or alter drainage courses without first obtaining a grading permit pursuant to Section 12.44.030(c) of this chapter.

(d) Administration. The Building Official, or the Building Official's designee, is hereby designated responsible for the administration of this chapter.

(e) Title. This chapter shall be known as the "City of Richmond Grading Ordinance."

(a) Definitional Preamble. For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain words, terms and phrases used herein are defined as set out in this section.

"Applicant" means any person, partnership, corporation, groups of persons or agency requesting permission to engage in any grading activity. Upon issuance of permit, the applicant is the designated permittee.

"Bedrock" means a relatively solid, structured material in place either at the ground surface or beneath surficial deposits of soil.

"Bench" means a step terrace, or flat land area constructed in the face of a cut or fill slope for maintenance, access, and drainage purposes.

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

"Building pad" means that area of a lot, parcel or site which will be occupied by the building structure, and includes any other structure or improvement attached, adjoining or adjacent thereto.

"California Storm Water Best Management Practices Hand Books" or "Hand Book" means the latest published editions of the three manuals entitled Industrial/Commercial, Construction, and Municipals published by the State of California.

"Civil engineer" means an engineer licensed by the State of California to engage in the practice of civil engineering.

"Compaction" means the act of compacting or densifying soil and rock material to a specified density, and the resulting densified state of the material.

"Critically expansive soil and other soil problems" means soil conditions which have the potential to cause damage to improvements, including streets, structures and buildings. Such soils shall be tested by acceptable procedures to provide data suitable for making adequate designs for the improvements.

"Diversion" means a temporary or permanent facility including a channel, ditch, or berm constructed across a sloping land surface to intercept and divert surface runoff in order to control its erosion potential.

"Earth material" means any rock, soil or any combination thereof.

"Engineering geologist" means a geologist licensed by the State of California to engage in the practice of engineering geology.

"Engineering geology" means the application of geological data and principles to engineering problems dealing with naturally occurring rock and soil for the purpose of forming an opinion that geological factors are recognized and adequately interpreted in engineering practice.

"Erosion" means the wearing away, detachment and movement of the ground surface by wind, water, ice or gravity.

"Erosion and Sediment Control Manual" means the latest edition entitled, "Manual of Standards for Erosion and Sediment Control Measures," published by the Association of Bay Area Governments (ABAG).

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

"Fill" means a deposit of earth material placed by artificial means and shall include the condition resulting therefrom.

"Final Erosion and Sediment Control Plan" means a plan that depicts the permanent erosion control measures designed for a completed project.

"Geological report" means a report prepared by an engineering geologist, based on a study and investigation of the site by an engineering geologist, including such geological structures and characteristics as fault line, fault creep, and landslide, and shall include recommendations for the execution, testing, and control of all grading operations proposed.

"Geotechnical engineer" means a civil engineer licensed by the State of California to engage in the practice of civil engineering who is experienced in and is engaged in professional practice in the field of geotechnical engineering.

"Geotechnical 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.

"Geotechnical and geological reconnaissance report" means a report as described in Section 12.44.030(g).

"Grade" means the vertical locations of the ground surface.

(1) "Existing or natural grade" means the grade prior to disturbance.

(2) "Rough grade" means the stage at which the grade approximately conforms to the approved plan.

(3) "Finished grade" means the final grade of the site which conforms to the approved plan.

"Grading" means any excavation, stripping, cutting, filling, stockpiling, clearing and grubbing, or any combination thereof which alters land or vegetation.

"Hillside site" means a site having an average slope of fifteen percent (15%) or greater.

"Interim Erosion and Sediment Control Plan" means a plan that depicts a set of erosion control measures designed for a project in an active or passive construction mode between October 1st and April 15th. An active construction project is a site where improvement progress is made within the rainy season. A passive project is a site which is not disturbed during the rainy season, with the exception of erosion control maintenance.

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

"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 growth.

Private Storm Drain Facility Easement. This "easement" means the perpetual maintenance obligations incurred by an owner of a subdivided (improved) parcel containing storm drain facilities installed by permittee within parcel.

"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 Building Official for which a grading permit has been issued.

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

"Runoff" means the surface flow of water.

"Sedimentation" means the process by which mineral, organic matter or soil is removed from its site of origin, transported, and then deposited by water, wind, or gravity.

"Sediment basin" means a reservoir which retards flow sufficiently to cause or allow deposition of transported sediment.

"Site" means any lot or parcel of land or contiguous combination where grading is to be performed or permitted.

"Site Grading Plan" (or "Grading Plan") means a plan as required by Section 12.44.030(d).

"Slope" means an inclined ground surface the inclination of which can be expressed as either a ratio of horizontal distance to vertical distance or the ratio of vertical distance to horizontal (100-foot increment) expressed as a percentage.

"Soil" means earth material of whatever origin that overlies bedrock.

"Stockpile" means a supply of earth, rock, gravel, sand, or other similar material temporarily accumulated and stored prior to final disposition.

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

"Watercourse" means a drainage channel or natural creek carrying water for a substantial part of the year.

(a) Grading Permit Required. Except as otherwise provided in Section 12.44.030(b), no person shall do any grading without first obtaining a grading permit from the Building Official for any of the following activities:

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

(2) The movement 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 stockpiling of earth materials or importing of borrow from off-site locations. A permit shall be required from the jurisdiction which has authority over the borrow site;

(5) The clearing of vegetation preparatory to a grading operation. A separate permit shall be required for each site, unless the sites are contiguous and the entire area is included in the plans accompanying the application. One permit may cover both an excavation clearing and a fill on the same site.

(b) Exception to Permit Requirement. A grading permit is not required for the following:

(1) An excavation which:

(A) Is less than five (5) feet in depth below natural grade and adequately supported by a retaining structure designed in accordance with the Uniform Building Code, or

(B) Does not create a cut slope greater than seven (7) feet in height, or steeper than two (2) horizontal to one (1) vertical, or

(C) Does not exceed fifty (50) cubic yards;

(2) A fill not intended to support structures and which does not obstruct a drainage course or alter existing drainage patterns if:

(A) Such fill is placed on natural grade that has a slope not steeper than five (5) horizontal to one (1) vertical, or

(B) Is less than three (3) feet in depth at its deepest point, measured vertically upward from natural grade to the surface of the fill, or

(C) Does not exceed fifty (50) cubic yards;

(3) Minor land leveling for agricultural farming, if the average ground elevation is not changed more than three (3) feet;

(4) Cemetery graves;

(5) An excavation below finished grade for basements and footings of structures authorized by a valid building permit or trench excavations for the purpose of installing underground utilities, if to be backfilled to natural grade;

(6) Grading in refuse disposal areas and sanitary landfills, mining, quarrying, processing or stockpiling of rock, sand, gravel, aggregate, or clay, for which a use permit has been granted by the City, provided that such operations do not affect the lateral support or increase the stresses in, or pressure upon, any adjacent or contiguous property and are consistent with the grading practices 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;

(7) Improvement of watercourses and construction of drainage, irrigation, and domestic water supply systems and facilities performed under the supervision of the Flood Control District, an agency of the Federal or State government, a water or sanitation district, or an irrigation or reclamation district, or the City;

(8) The construction, repair and maintenance of levees for river and local drainage control performed by a governmental agency;

(9) Emergency work, as authorized by the Building Official, necessary to protect life, limb or property, or to maintain the safety, use or stability of a public way or drainage way;

(10) Excavation for installation of underground storage tanks where the capacity of the tanks does not exceed twenty thousand (20,000) gallons;

(11) Grading in an isolated, self-contained area if the Building Official determines that no danger to private or public property is likely to result from the grading operations;

(12) The structural section of subdivision streets in tracts for which subdivision improvement plans have been reviewed by the City Engineer and the work is being inspected by that department;

(13) Temporary local borrow pits for road materials and topsoil for landscaping situated within a larger ownership being subdivided into smaller tracts, if the material is being used entirely within the tracts being subdivided, and if the excavation does not endanger properties under other ownerships or create a public nuisance or safety hazard as determined by the Building Official. The land shall be graded to comply with this chapter on cessation of excavation within the pit areas;

(14) Temporary stockpiles of topsoil materials required for landscaping lots being graded in the immediate area for building purposes if the stockpiles are not placed within a public right-of-way, do not obstruct drainage ways, are not subject to erosion which will cause silting problems in drainage ways, do not endanger other properties, and do not create a public nuisance or safety hazard, as determined by the Building Official. The land shall be graded to comply with this chapter after removal of stockpiles;

(15) Fire trails, and access roads to public utility, gas and electric transmission lines;

(16) Clearing vegetation when all of the following conditions are met:

(A) The slope of the ground is ten percent (10%) or less,

(B) The area to be cleared is one (1) acre or less,

(C) Land disturbance is at least within one hundred (100) feet from the centerline of the watercourse or at least one hundred (100) feet from the water line of a water body;

(17) Subsections 12.44.030(b)(1) through (b)(16) notwithstanding, where the excavation or fill occurs on slopes with a natural slope of 3:1 and the height of such slope is seven feet or greater, no exception shall be provided unless determined by the Building Official.

(c) Application for Permit.

(1) An application for a grading permit shall be in writing and filed with the Building Official on forms provided for such purpose. The application shall be signed by the owner of the property where the work is to be performed or by his duly authorized agent, provided that an agent's authority must be shown in writing. The application shall contain the following information:

(A) Description of the site by lot, block and tract designation, and by a street address or similar description sufficient to readily identify the site;

(B) The name and address of the owner of the site, the person who is to perform the work, and the geotechnical and civil engineer if such work is to be performed as supervised grading;

(C) The estimated cost of performing the work;

(D) Such other information as may be required by the Building Official.

(2) Each application shall be accompanied by four (4) sets of plans, specifications and calculations that meet the requirements set forth in Section 12.44.030(d).

(3) Each application shall include the name, address and phone number of the civil engineer, geotechnical engineer and/or engineering geologist will be employed to give technical supervision or make inspections of the work, whenever approval of the plans and issuance of the permit is based upon the condition that such professional person be so employed.

(4) Each application shall authorize the Building Official to conduct a field investigation and site evaluation of a lot or parcel. The investigation shall determine what additional information, engineering data or plans (including NOI (notice of intent), if applicable) will be required to be submitted with the application for grading and/or building permits and under what conditions the permits would be issued, prior to permit approval for a grading and/or building permit.

(d) Grading Plans and Specifications. The plans shall be prepared, stamped and signed by a civil engineer and the plans and specifications shall contain the following:

(1) A vicinity sketch or other means of adequately indicating the site location;

(2) Boundary lines of the site;

(3) Each lot or parcel of land into which the site is proposed to be divided;

(4) The location of any existing buildings or structures on the property where the work is to be performed, and the location of any buildings or structures on adjacent land which may be affected by the proposed work;

(5) Accurate contours showing the topography of the existing ground to two hundred (200) feet beyond project parcel boundary;

(6) All of the proposed uses of the site, and if the site is to be divided, the proposed use of each lot or parcel of land;

(7) Elevations, location, extent and slope of all proposed grading shown by contours, cross-sections or other means and location of any rock disposal areas, buttress fills or other special features to be included in the work;

(8) Detailed plans of all drainage systems and facilities, walls, cribbing, or other erosion protection devices to be constructed in connection with, or as a part of the proposed work, together with a map showing the drainage area and estimated runoff of the area served by any drainage systems of facilities;

(9) A Final Erosion and Sediment Control Plan and/or an Interim Erosion and Sediment Control Plan (Section 12.44.030(e)), as required by the Building Official;

(10) The extent and method 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. All existing trees on or overhanging the site shall be indicated;

(11) The grading plan must be signed by a registered civil engineer and must be prepared by or under said civil engineer's direction;

(12) An estimate of the cost of the work described and delineated on the grading plan;

(13) A statement of the quantities of material to be excavated and/or filled and the amount of such material to be imported to, or exported from, the site;

(14) A statement of the estimated starting and completion dates for work covered by the permit;

(15) Routes of travel to be used;

(16) Hours and days of work;

(17) The signature of the geotechnical engineer whose report was used in the design of the grading;

(18) Such other information as the Building Official deems necessary to show conformance of the proposed grading with the requirements of this chapter and other related ordinances.

(e) Final and Interim Erosion and Sediment Control Plan.

(1) A Final Erosion and Sediment Control Plan, prepared by a registered civil engineer, shall be submitted unless all of the following conditions are met:

(A) The area of land disturbed is less than one-half (½) acre;

(B) Natural and finished slopes are less than ten percent (10%);

(C) Volume of the grading operation is less than fifty (50) cubic yards;

(D) The temporary storage of any soil is less than one hundred fifty (150) cubic yards;

(E) The grading operation is not within one hundred (100) feet of the centerline of any watercourse, within one hundred (100) feet of the water line of any water body or the Bay (high tide) or manmade drainage structure;

(F) The proposed grading does not pose a threat to adjacent or downstream properties as determined by the Building Official;

(G) The proposed grading does not obstruct water courses;

(H) 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 Richmond City Council to implement such Act.

(2) The Final Erosion and Sediment Control Plan shall through the use of permanent control features minimize soil erosion and maximize sediment interception from the completed project site and shall also provide for the control of runoff from the site.

(3) The Final and Interim Erosion and Sediment Control Plans shall contain the following information:

(A) A description and delineation of the vegetative measures to be taken to minimize erosion and sedimentation. (The ultimate landscape plan for the site is deemed to satisfy this criteria;)

(B) 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 mulches, diversion dikes, etc.;

(C) The delineation of the drainage control measures to be taken which shall include surface runoff and sediment yield calculations;

(D) The extent and method 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;

(E) The methods to be used for the disposal of excess materials;

(F) The methods to be used for the control of dust;

(G) A description and delineation of the temporary and permanent measures to be taken to retain sediment on the site;

(H) A description of the measures to be taken to maintain the devices shown on the plan during grading operations and construction on the site;

(I) 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;

(J) Any other information required by the Building Official;

(K) A schedule for installation and maintenance of erosion and sediment control measures.

(4) The Final and Interim Erosion and Sedimentation Control Plans are to be prepared in accordance with the latest editions of either the "Manual of Standards for Erosion and Sediment Control Measures" by ABAG or provisions of the "California Storm Water Best Management Practices Hand Books," for both temporary and permanent erosion control measures. These plans shall be prepared by a registered civil engineer. The plans shall include the names and telephone numbers of twenty-four (24) hour standby work crews during the October 1st to April 15th rainy season.

(5) Minor work such as trenching or maintenance which meets the intent of the aforementioned "Manual of Standards for Erosion and Sediment Control Measures" may be excluded from the requirement of preparing the Erosion and Sediment Control Plan provided that the owner, contractor, or developer first obtains a written waiver from the Building Official.

(6) An Interim Erosion and Sediment Control Plan is required prior to each rainy season during construction for a staged project. The Building Official will determine by July 15th if an interim plan will be necessary and on what stage of project completion the plan shall be based.

(7) An estimate of the cost of 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 Building Official. This plan when required is considered an integral part of the project grading plan, and fees for plan check and inspection shall be paid as set forth in Section 12.44.030(j).

(8) The applicant shall submit tentative start and completion grading dates with the grading permit application. Prior to issuance of a grading permit, the grading contractor shall review the proposed start and completion dates and supply the Building Official with a schedule including a breakdown of equipment and personnel that will be used to complete the job within the time frame submitted. Issuance of permits for grading to be performed during the following periods will require the following:

(A) April 15th to August 15th. If grading is initiated during this period and can be completed before October 1st, no Interim Erosion and Sediment Control Plan needs to be submitted with the application. On or before July 15th, the Building Official shall evaluate all projects for compliance with a completion date of September 30th. If the Building Official determines that the project cannot be completed by September 30th, the applicant shall prepare an Interim Erosion and Sediment Control Plan to be submitted by August 15th.

(B) August 16th to September 30th. The Building Official shall determine if the grading can be completed during this period based on the grading plans and submission of schedule. If it is determined that the project cannot be completed, the applicant shall prepare as part of the grading plan application an Interim Erosion and Sediment Control Plan. The grading plan shall be designed so that provision of the Interim Erosion and Sediment Control Plan can be implemented fully by September 30th.

(C) October 1st to April 14th. During this period, all grading plans submitted for permits which cannot be exempted under subsection (e)(1) of this section shall include an Interim Erosion and Sediment Control Plan as part of their grading plan which reflects the active construction mode anticipated for the site per Section 12.44.040(f).

(f) Geological Report. The Building Official may require a geological report based on the most recent grading plan proposal. The engineering geological report shall include an adequate description of the geology of the site and conclusions and recommendations regarding the effect of geological conditions on the proposed development.

(g) Geotechnical Report. The Building Official may require a geotechnical report based on the proposed grading plan. Such report shall be prepared by a geotechnical engineer based upon adequate test borings or excavations. The report shall indicate the presence of critically expansive soils or other soils problems, which if not corrected could lead to defects in structures, buildings or other improvements; and, when it so indicates, the report shall further report on an investigation of each lot of the development including recommended corrective action which is likely to prevent such defects or damage to each building, structure or improvement to be constructed. The geotechnical report shall contain:

(1) Reports on the suitability of the earth material for construction of stable embankments and excavation slopes, including those necessary for any artificial or natural drainage channels;

(2) Recommendations for construction procedures to obtain required stability;

(3) Maximum design velocities for any natural or artificial drainage channel; and

(4) Any other recommendations concerning slides, unstable soil condition, springs and seepage conditions, or drainage facilities to enable proper development of the site.

(h) Review of Reports. All reports shall be subject to review by the Building Official. Supplemental reports and data may be required as deemed necessary. Recommendations included in the reports and approved by the Building Official shall be incorporated in the development plan or specifications.

(i) Issuance or Denial of Permit, Conditions and Limitation.

(1) Issuance. Upon receiving an application for grading permit, together with all of the submittals required by Sections 12.44.030(c), (d) and (e) and 12.44.040(e) and (f), the deposit of fees as required by Section 12.44.030(j), and the posting of surety as required by Section 12.44.030(l), the Building Official shall examine the application and related documents, and, if satisfied that the application meets all requirements of this chapter and of other applicable laws, ordinances, rules, and regulations, the Building Official shall issue the permit. The application for a permit shall contain, but shall not be limited to the following provisions:

(A) A provision which requires that pre-construction conference shall be scheduled with all principal decision makers present to discuss and coordinate various aspects of the grading project;

(B) A provision which states that the grading shall not be excessive and that the grading shall not go beyond that necessary for the permitted use of the site;

(C) A provision which provides that the slopes can be effectively protected against erosion and slippage;

(D) A provision which requires that the finish contours be relatively natural and that the finish contours not distort the natural contours;

(E) A provision which requires that hillside sites be suitable for development in the manner proposed;

(F) A provision which mandates that the removal of natural vegetation not be excessive and that the vegetation removal be done in a manner which will minimize erosion;

(G) A provision which requires that drainage not be constructed or directed in a way which damages other property or increases erosion.

The permit that is issued pursuant to this section shall be issued only to the owner or his agent. The permit shall be kept on site, securely displayed in a conspicuous location.

(2) Grounds for Permit Denial.

(A) Hazardous Grading. The Building Official shall not issue a permit where the determination is made that the work as proposed by the applicant has the potential to endanger any public or private property through grading or removal of vegetation or result in the deposition of debris on any public or private way or interfere with any existing drainage course or alter water quality. If it can be shown to the satisfaction of the Building Official that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, or drainage devices, or by other means, the Building Official may issue the permit with the condition that such work be performed.

(B) Geological or Flood Hazard. If, in the opinion of the Building Official, the land area for which grading is proposed is subject to geological or flood hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property, the grading permit shall be denied.

(C) Noncompliance With Land Use Conditions. The Building Official shall not issue a grading permit for work that does not or has no reasonable expectation to comply with conditions of approval imposed on a project, the provisions of this Code, or any condition imposed by the approving authority on approval of the use.

(D) Existing Building Code or Zoning Ordinance Violations. The Building Official shall not issue a grading permit if any building code or zoning ordinance violation exists on the site.

(3) Limitations of Permit. The issuance of a permit under this chapter shall constitute an authorization to do only that work which is described or illustrated on the application for the permit or on the site plans and specifications approved by the Building Official.

(A) Compliance with Plans and Requirements. All permits issued hereunder shall be presumed to include the provision that the applicant and their agents, contractors and employees shall carry out the proposed work in accordance with the approved plans and specifications and in compliance with all the requirements of this chapter.

(B) Time Limits. The permittee shall fully perform and complete all of the work required to be done pursuant to the grading permit within the time limit specified. If no limit is specified, the permittee shall complete the work within one hundred eighty (180) days after the date of the issuance of the grading permit.

If unable to complete the work within the specified time, the permittee shall request, prior to the expiration of the permit, in writing to the Building Official for an extension of time, setting forth the reasons for the requested extension. If, in the opinion of the Building Official, such an extension is warranted, the Building Official may grant additional time for the completion of the work for which additional fees may be applicable. 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. 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.

(C) Liability and Hold Harmless. Neither the issuance of a permit under the provisions of this chapter, nor the compliance with the provisions thereof or with any conditions imposed in the permit issued hereunder, shall relieve any person from responsibility for injury to people or damage to property. The permittee shall execute a hold harmless clause on the permit which shall read as follows:

The permittee, for themselves, their contractors, and employees, agrees to save, indemnify, defend, and hold harmless the City of Richmond and its officers, employees, and agents from all liabilities and claims 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.

(D) Jurisdiction of Other Agencies. Permits issued under the requirements of this chapter shall not relieve the permittee of any requirements or responsibilities for fully conforming to any other requirements for the work to be done, including but not limited to securing permits and licenses established by any law, ordinance, rule, or regulation of the City of Richmond, or employee thereof, or of any other Public Agency having jurisdiction over such work.

(4) Conditions of Permit. In granting any permit under this chapter, the Building Official and the Planning Director 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 a hazard to life or property. Such conditions may include, but shall not be limited to:

(A) Improvement of any existing grading to bring it up to the standards of this chapter;

(B) Requirements for fencing of excavations or fills which otherwise would be hazardous and for fencing around drip lines of trees;

(C) Screen planting, landscaping or other treatment to maintain good appearance of graded area and reduce the detrimental impact on adjacent properties or the community;

(D) Completion of the work within a period approved by the Building Official;

(E) Cleaning up the area and planting in accordance with approved plan;

(F) Designation of the area in which work may be done;

(G) Designation of the slope or the grade and elevation of the excavation or fill;

(H) Reasonable provisions for controlling excessive dust;

(I) Normal hours of operations established by the City or as modified in the permit;

(J) Safety precautions to guide pedestrian and vehicular traffic in, around, and by the operation;

(K) Posting of good, sufficient and separate surety to assure compliance with the conditions;

(L) The route and time of travel over public streets so as to cause the least interference with general traffic and to cause the least damage to public streets. A separate surety may be required if, in the estimation of City Engineer, there is the possibility of damage to public streets due to excessive loadings or truck trips;

(M) The removal of rock, earth, or other materials that may be deposited on public streets by reason of said grading operations;

(N) The payment to the City of the cost of repairing damage to or cleaning of public streets caused by trucking operations in connection with said grading operations;

(O) The installation of suitable fencing, barricades, and lighting surrounding the grading operations;

(P) Conformance at all times with the approved Interim and Final Erosion and Sediment Control Plans;

(Q) A licensed land surveyor or registered civil engineer authorized to do surveying must delineate the boundary lines of the site;

(R) The disposal site for any material removed from the grading site must be approved by the Building Official if located within the City. If the disposal site is not located within the City, then permittee shall provide an approved grading permit from the jurisdiction where the receiving disposal site is located;

(S) The extent of unprotected slopes allowed at any one time and the time such slopes are allowed to remain unprotected;

(T) Other conditions deemed necessary by the Building Official and based on accepted engineering practices.

(j) Fees. Fees shall be collected by the Building Official as established by a resolution of the City Council.

(k) Refunds.

(1) Filing fees, permit transfer fees, penalty fees and site investigation fees are not refundable.

(2) In cases of a reduction of planned work, the approval of an amended permit by the Building Official and satisfactory completion of the work covered by an amended permit, the permittee may apply to the Building Official within thirty (30) days after issuance of the certificate of completion for a refund of a portion of the permit fee based on the revised cost of the work in the amended permit.

(I) Surety.

(1) Surety Required. If the Building Official determines that the nature of the proposed work is such that, if left incomplete, it will interfere with any natural or artificial drainage, or will endanger persons or public or private property, or will constitute a nuisance or if he determines that the proposed work involves the removal or deposition of more than fifty (50) cubic yards of material, the applicant for the grading permit shall post with the Building Official a surety executed by the applicant and secured, at the option of applicant, by

(A) A corporate surety bond executed by a surety company authorized to do business in the State of California; or

(B) By deposit with the City of Richmond of cash money or its equivalent; or

(C) By deposit with the City of Richmond of an instrument of credit from a financial institution subject to regulation by the State of California or the Federal government pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment upon demand and agreeing that the funds designated by the instrument shall be trust funds for the purposes set forth in the instrument. The form of the bond and the security shall be subject to approval by the Building Official and the City Attorney.

(2) Amount of Surety. The amount of the surety shall be based upon the cost of the total number of cubic yards of material moved, plus the cost of all drainage erosion control or other protective devices or work necessary to eliminate geological hazards or to protect persons or public or private property. The amount of surety shall reflect market value to perform subject work or revert site back to original condition.

When the rough grading has been completed in conformance with the requirements of this chapter, the Building Official may, at the Building Official's discretion, consent to a proportionate reduction of the surety to an amount estimated to be adequate to insure completion of the grading work, site development, or planting remaining to be performed. The costs referred to in this section shall be as estimated by the Building Official.

(3) Conditions of Surety. Among other appropriate provisions, every bond shall include the following conditions to which the principal and surety shall each be bound:

(A) To comply with all of the provisions of this chapter and all other applicable laws, ordinances, rules, and regulations;

(B) To comply with all of the terms and conditions of the permit for excavation or fill to the satisfaction of the Building Official;

(C) To complete the work contemplated under the permit within the time limit specified in the permit. (The Building Official may, for sufficient cause, extend the time specified in the permit, but no such extension shall release the surety;)

(D) To pay all reasonable costs incurred or expended by the City of Richmond, including but not limited to court costs and attorney's fees, in doing or causing to be done any of the work set forth in the permit, any other work which in the judgment of the Building Official is required to be done as a result of any work or activity done under the permit, or any abatement of any nuisance created by any work or activity done under the permit, or in collecting money or damages in connection with any of the foregoing.

(4) Term of Surety. The term of the bond shall begin on the date of its posting and shall end on the satisfactory completion of the terms and conditions of the permit. Completion shall be evidenced by a certificate of completion to be issued by the Building Official and filed with the records of the permit. A copy of the certificate shall be furnished to any interested party upon request.

(5) Notice of Default. Whenever the Building Official finds that a default has occurred in the performance of any term or condition of any permit, he shall give written notice thereof separately to the permit holder and to his surety. Such notice shall state the work or other things necessary to be done in order to cure such default, its estimated cost, if known, and the period of time deemed reasonably necessary by the Building Official to complete such work, and to do such other things which are necessary to be done in order to cure such default. Such notice shall be served personally or by deposit in the United States mail in a sealed envelope, with postage fully prepaid, addressed to the permit holder and to his surety at the mailing address, or, if there is no mailing address, the business address, shown in the application or in the surety, as the case may be.

(6) Duty of Surety. Upon service of the notice of default, the surety shall be obligated to have the work done within the time specified in the notice.

(7) Disposition of Cash Security. If cash money or its equivalent or an instrument of credit has been deposited to secure the bond, and if notice of default has been served upon the permit holder and he has failed to do the work and other things required to be done by the notice within the time specified in the notice, the Building Official may use such deposit in order to have such work and other things done, by contract or other means in the discretion of the Building Official. The balance, if any, shall be returned to the depositor after completion of the work and other things.

(8) Right of Entry. In the event of any default in the performance of any term or condition of the permit, the surety, if any, or any person employed or engaged on its behalf, or the Building Official or any person employed or engaged on his behalf, shall have the right to go upon the premises to complete the work and do other things required by the permit. It shall be unlawful for any person in any way to hinder, obstruct, or prevent such entry.

(9) Erosion and Sediment Control Surety. If a grading permit requires the preparation of an Erosion and Sediment Control Plan, the applicant shall secure the performance of the work described and delineated in the plan as follows:

(A) The Building Official shall review the Interim and Final Erosion and Sediment Control Plans and estimate to determine the bond amount to cover the Erosion and Sediment Control Plans, their implementation and maintenance. If the approved engineer's estimate of cost of the Erosion and Sediment Control Plans is less than ten thousand dollars ($10,000), a cash bond in that amount is to be provided to the City. If the approved engineer's estimate of cost of construction of the Erosion and Sediment Control Plans is more than ten thousand dollars ($10,000), then a cash bond of at least ten thousand dollars ($10,000) shall be posted with the City to cover the work outlined in the Erosion and Sediment Control Plans. After reviewing the grading plans and the Erosion and Sediment Control Plans, the Building Official shall determine the final amount of the cash bond. If permanent site landscaping is an element of the Final Erosion and Sediment Control Plan, then the value of that improvement may be deducted if a separate landscape surety is being required.

(B) When a cash bond amount has been determined, the differences between the cash bond and the total surety requirement shall be provided to the City in the form of bonds or other surety acceptable to the City Attorney. As part of the Erosion and Sediment Control Plan, the applicant shall submit a time schedule outlining specific dates when each element of the plan is proposed to be completed. After the schedule has been agreed to by both the City and the applicant, this schedule shall be the triggering mechanism for the City performing the work in lieu of the applicant's contractor. If the contractor has not or cannot install the Interim and Final Erosion and Sediment Control Plan items by scheduled dates, the City, at its option, can install the items necessary to protect the project site and other property. Such items of work shall be paid for from the applicant's cash deposit. In addition, any items of Erosion and Sediment Control Plan work that have been installed and are not being adequately maintained to protect the site as determined by the Building Official shall be remedied, and any associated cost shall be paid for from the applicant's cash bond. During storm periods, if the applicant's contractor cannot be contacted or cannot perform required work needed to protect the site as determined by Building Official the City shall cause the work to be performed and any associated costs shall be paid from the applicant's cash bond.

(C) In accepting the grading permit, the applicant acknowledges the right of the City or its representative to come on to the applicant's property to perform any or all needed work, as previously outlined in this section.

(D) Notice of Default. Whenever the Building Official finds that a default has occurred in the performance of any term or condition of any permit, the Building Official shall give written notice thereof separately to the permit holder and to the permit holder's surety. Such notice shall state the work necessary to be done in order to cure such default, its estimated cost, if known, and the period of time deemed reasonably necessary by the Building Official to complete such work, and to do such other things which are necessary to be done in order to cure said default. Such notice shall be served personally or by deposit in the United States mail in a sealed envelope, with postage fully prepaid, addressed to the permit holder and to his surety at the mailing address; or, if there is no mailing address, the business address, shown in the application or in the bond, as the case may be.

(E) If any part of the cash bond needs to be expended by the City to undertake work items outlined in subsection (l)(9)(b) of this section, the associated grading permit is automatically terminated. The applicant shall submit a new grading permit application, a new grading plan with an Erosion and Sediment Control Plan acceptable to the Building Official and provide the appropriate bonds and fees required by the City. There is no guarantee that a new permit will be issued.

(F) When all grading as shown in the approved grading plans has been completed, and all items of work in the Erosion and Sediment Control Plan have been installed to the satisfaction of the Building Official, the applicant may request exoneration of grading and Final Erosion and Sediment Control Plan bonds. The Building Official shall review all requests for exoneration of grading bonds, but Final Erosion and Sediment Control Plan bonds shall not be considered for exoneration until the site has weathered a storm season from October 1st to April 15th with Final Erosion and Sediment Control Plan elements including permanent landscaping in place. The Building Official can, upon request, make a determination on minor grading projects whether or not the Erosion and Sediment Control Plan bonds need to be held through a storm season.

(m) Job Plans. When an application is approved and a permit issued, one set of plans and accompanying documents shall be clearly marked as approved and shall be returned to the applicant. This set shall be kept available for reference at the job site during grading and construction. The applicant may furnish additional sets of plans and documents for notation as reviewed for return to the applicant for his use.

(n) Amendment of Permit.

(1) Any changes in the plans, grades, or extent of work shall be submitted to the Building Official for written approval and incorporated into the permit, accompanied by any necessary fees, before any change in the approved work is begun. The Building Official may amend the permit to approve altered plans, or may deny approval of the changes.

(2) Failure to obtain prior approval for any change in the work shall be cause for the Building Official to order suspension of all work until approval is obtained, and may result in revocation of the permit if he deems the changes will increase the hazard to adjoining properties or public roads, or otherwise be detrimental to public welfare.

(o) Transfer of Permit.

(1) Any transfer of a permit from the permittee to another party is prohibited unless approved by the Building Official.

(2) The transferee shall agree to comply with the requirements and conditions of the original permit and to any modification thereof that may be required because of changes in the condition of the site or change in plans since the permit was issued. The transferee shall furnish the required sureties before the transfer of the permit will be approved.

(p) Suspension and Revocation of Permit.

(1) Grounds. A permit may be suspended or revoked if the Building Official finds that:

(A) Conditions at the site vary appreciably from those shown and stated in the application and development plans;

(B) Grading or construction does not conform to the approved plans, grades, Interim or Final Erosion and Sediment Control Plan, or other conditions of the permit;

(C) Cessation of work before completion that has left the site in a condition hazardous to the public or to the adjacent properties, and the permittee has not complied with reasonable requirements for completion of the work within the time specified in the permit or an approved extension of time;

(D) The permittee does not comply with reasonable requirements to safeguard the workers, the public, or other persons acting in a lawful manner, during grading or construction operations;

(E) In transporting materials or in the operation of equipment the applicant causes materials or litter to encroach, obstruct, or be deposited on pavement or in drainage channels within the public right-of-way, or causes unauthorized obstruction or diversion of drainage channels within the site area; or

(F) The permittee fails to have a qualified inspector working under the geotechnical engineer on the site during grading or construction, when required, or failure to have the work under proper supervision at all times.

(2) Procedure. Upon determination that grounds for revocation or suspension of a grading permit exist, the Building Official may fix a time and place for a hearing on revocation or suspension and shall give written notice thereof separately to the permit holder and to the surety, if any, stating in general terms the grounds for revocation or suspension. Such notice shall be given at least five (5) days before the hearing, and it shall be served personally or by deposit in the United States mail in a sealed envelope, with postage fully prepaid, addressed to the permit holder and to his surety at the mailing address, or, if there is no mailing address, the business address, as shown in the application or in the bond, as the case may be.

Within thirty (30) days of the conclusion of the hearing, the Building Official shall make his findings and decision and file same in his office and shall serve a copy thereof separately upon the permit holder and his surety, if any, in the manner provided above for service of notice of hearing.

(3) Exception. If the Building Official determines that emergency conditions exist on the site which constitute a threat to the public health, safety, and welfare, the grading operation in its entirety or portion thereof shall immediately cease.

(q) Notice to Cease Work.

(1) Upon notification from the Building Official 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 conditions which caused the suspension of the permit. The permittee shall proceed at once to correct such objectionable or emergency conditions.

(2) If the permittee fails to correct such objectionable or emergency conditions, the Building Official may cause the work necessary to correct said conditions to be done, and the Building Official may take action against the permittee's surety to cover the cost of performing the work.

(3) Any permit which has been suspended may be either reinstated or revoked by the Building Official.

(4) 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.

(a) City Inspection. The Building Official and other authorized City representatives shall have the right to enter the site at all times to insure compliance with permit conditions.

(b) Supervised or Regular Development Work. All work involving a fill intended to support improvements, or grading where the Building Official determines that special conditions or unusual construction hazards exist, shall be performed under the inspection of a civil engineer and/or geotechnical engineer and shall be designated "supervised development work." Work other than supervised development work shall be designated "regular development work."

(c) Inspection and Reports of Regular Development Work.

(1) For regular development work the Building Official or designated representative, upon notification from the permittee or his agent, shall inspect the work at the following stages of the work and shall either approve the portion then completed or shall notify the permittee or their agent of the inspection results.

(A) Initial. When the site has been cleared of vegetation and unapproved fill and has been scarified, benched or otherwise prepared and before any fill is placed.

(B) Rough. When rough grading has been completed and approximate final elevations have been established; drainage terraces, swales and other drainage devices have been graded and are ready for paving; and berms have been installed at the top of slopes.

(C) Final. When work has been completed with all drainage devices, systems and facilities installed and slope planting established.

(2) In addition to the inspections specified above, the Building Official may:

(A) Make such other inspections as the Building Official deems necessary to determine that the work is being performed in compliance with the requirements of this chapter; and

(B) Require investigations and reports by a geotechnical engineer and/or engineering geologist.

(d) Inspection and Reports for Supervised Development Work. The following inspections and reports shall be required for supervised development work:

(1) It shall be the responsibility of the geotechnical engineer and/or civil engineer to inspect the operations and provide qualified full-time inspection to assure compliance of the work with the approved development plans and with the requirements of the Building Official. The geotechnical engineer and/or civil engineer shall certify in writing to the satisfactory completion of each stage of the work specified in Section 12.44.040(c).

(2) The geotechnical engineer shall submit compaction data and geotechnical engineering recommendations made during the development operation to the Building Official.

(3) The civil engineer shall submit inspection reports regarding drainage facilities, lot drainage and finish grades to the Building Official.

(4) The engineering geologist shall submit inspection reports regarding geological conditions to the Building Official.

(e) Interim Erosion and Sediment Control Inspection.

(1) Site Observation. Between October 1st and April 15th, an inspector shall visit the site a minimum once a day. A log will be kept indicating the time of inspection, and relevant comments on progress and site conditions. During storm periods, an inspector shall visit the site twice a day including weekends and shall be accompanied by the contractor's superintendent and shall check as a minimum the following items:

(A) V-ditches shall be checked for proper operation (i.e., flow, silt build-up, deterioration of banks);

(B) Straw bales shall be checked for silt build-up and bales removed or replaced as necessary;

(C) Sand bags shall be checked for damage and silt plugged bags replaced as needed;

(D) Detention/retention basins shall be checked for damages and silt removed periodically as determined necessary;

(E) Overflow spillways shall be checked for proper operation;

(F) Filter fabric shall be checked. Plugged and damaged fabric shall be replaced as necessary.

(2) The time of inspection, the personnel visiting the site, the condition of the site and the adequacy of the erosion control facilities shall be logged.

(3) If corrections need to be made to protect the site, the items of work and time scheduled to perform the work by the contractor shall also be noted.

(f) Interim and Final Erosion Control Measures. Erosion control measures shall be installed for all rainy season active and passive construction projects. Grading operations may commence in or continue through rainy season, at the discretion of the Building Official, provided that erosion control measures in conformance with approved plans are immediately installed and are kept continuously in place, as the case may be. The only control measures which may be altered are those in direct conflict with daily construction activity, as long as such controls are replaced at the end of construction activity that day or start of storm event. Erosion control measures shall include, but not necessarily be limited to, the following:

(1) The Erosion and Sediment Control Handbook and California Storm Water Best Management Practices Hand Book shall be used as guides for the design and suitability of erosion and sediment control measures.

(2) The faces of cut and fill slopes shall 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.

(3) Where graded slopes are steeper than three (3) feet horizontal to one (1) foot vertical or are higher than ten (10) feet, they shall be protected with a temporary soil stabilization measure such as jute matting or an equivalent mulch until planting is established.

(4) The surface of all cut slopes higher than five (5) feet and all fill slopes higher than three (3) feet shall be permanently protected against damage by erosion by the planting and establishment of protective vegetation.

(5) Slopes higher than fifteen (15) feet shall be planted with one shrub per one hundred (100) square feet of slope and one (1) tree per four hundred (400) square feet of slope. Geometric spacing should be avoided. Massing of trees is encouraged. Size and species of plant material shall be subject to review.

(6) The planting of seeding or vegetation protection must be effective. If the vegetation does not grow and offer proper protection, it must be replanted or reseeded.

(7) 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 Building Official or until the maintenance is officially assumed by another party approved by the Building Official.

(8) Sediment control facilities shall be operational prior to the beginning of the rainy season and must effectively prevent sediment from being transported downstream.

(9) The outlet from any sedimentation basin must be designed to handle 1.5 times the maximum design inflow.

(10) 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.

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

(12) Trunk storm drain facilities, if determined by the Building Official to be essential to the operation of the erosion control measures, shall be installed in place with grading operations and shall not be delayed until grading completion.

(13) After each rainfall, the permittee shall inspect all erosion and sediment control devices and shall clean them and repair any damage.

(14) 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 structure or other devices which will effectively minimize erosion in the opinion of the Building Official.

(15) Erosion Control Planting as set forth in Section 12.44.060(g).

(g) Notification of Noncompliance. If the soil or civil engineer finds that the work is not in conformance with this chapter or with the plans approved by the Building Official, or with good accepted practices, they shall immediately notify the permittee and the Building Official verbally and in writing of the nonconformity and of the corrective measures to be taken.

(h) Termination of Services. If the civil engineer, or the geotechnical engineer, or the geologist are relieved of or otherwise terminates duties prior to completion of the work shown on the grading plan, they shall report the fact in writing to the Building Official within forty-eight (48) hours with a report on the status of the work.

(i) Compliance With Laws. In addition to the requirements of the permit, the permittee shall comply with all laws, ordinances, and regulations of the State Department of Industrial Relations, relating to the character of the work, equipment, and labor personnel involved in the project.

(j) Cessation of Work. If the permittee ceases work for any reason before the work is completed, all necessary steps shall be taken to leave the premises in a condition that will be safe and will not cause damage to adjoining properties or to the public roads or to any natural or artificial drainage facilities through erosion of materials, landslides, or other instability of slopes and materials.

(k) Certificate of Completion. The Building Official shall issue a certificate of completion upon satisfactory completion of work under an approved permit.

(1) The geotechnical engineer and/or engineering geologist must certify that all compaction requirements have been complied with and sub-drains are located where shown on plans or plans are modified, as the case may be.

(2) A licensed surveyor or registered civil engineer authorized to do survey work must certify that the horizontal and vertical controls conform to the plans or any approved changes to them.

(3) The Building Official must be in receipt of a set of mylar plans which include all details of the grading operation and related details.

(a) General Safety Precautions.

(1) Adequate provisions shall be made to prevent any surface waters from damaging the cut face of an excavation or sloping surface of a fill. Retaining walls or cribbing constructed in accordance with the requirements of the Building Official shall be used wherever necessary to prevent the surface of any excavation or fill from exceeding at any point the maximum allowable slopes set forth herein.

(2) All site drainage shall be conveyed to the nearest adequate storm drain, natural watercourse, or street approved by the Building Official as appropriate to deposit and receive such waters.

(b) Storm Damage Precautions. All persons performing any grading operations shall put into effect all safety precautions which are necessary in the opinion of the Building Official and shall remove all loose dirt from the grading site and provide adequate anti-erosion and/or drainage devices, debris basins, or other safety devices to protect the life, limb, health, and welfare of private and public property of others from damage of any kind.

(c) Protection of Utilities. During grading operations the permittee shall be responsible for the prevention of damage to any public utilities or services. This responsibility applies within the limits of grading and along any routes of travel of equipment.

(d) Protection of Adjacent Property.

(1) No excavation shall be made sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public property or any adjoining private property without supporting and protecting such adjoining public or private property from settling, cracking or other damage in a manner approved by the Building Official.

(2) No person shall grade, whether or not a permit is required therefor under this chapter, so that dirt, soil, rock, debris, or other material washed, eroded, or moved from the property by natural or artificial means creates a public nuisance or hazard, or an unlawful encroachment on private property or on a public road or street. Any such material deposited within the right-of-way of a public road or street which may constitute a nuisance or hazard to public traffic shall be removed immediately, and failure to do so on notice from the City authorizes the City to have the material removed at the expense of the permittee.

(3) Whenever any portion of the work requires entry onto adjacent property for any reason, the permit applicant shall obtain the written consent of the adjacent property owner or their authorized representative, and shall file a copy of such consent with the Building Official before a permit for such work may be issued.

(e) Removal of Ground Cover. Removal of ground cover shall be performed pursuant to the requirements set forth in Section 12.44.030(e).

(f) Water Obstruction. No person shall obstruct, impede or interfere with the natural flow of storm waters, whether unconfined upon the surface of the land, within land depressions or natural drainage ways, within unimproved channels or watercourses, or within improved ditches, channels or conduits, except for construction operations permitted by the City.

(g) Levees. No person shall do any grading work on any levee without approval of the governmental agency responsible for the maintenance of the levee.

(h) Public Rights-of-Way. No person shall perform any work or construct any facility (including excavation or embankment, trenching, driveway construction, or drainage facility) within the right-of-way of a public road or street, or within an easement under the jurisdiction of this City, without a permit from the City.

(i) Precautions Imposed by Building Official. If, at any stage of grading, the Building Official determines by inspection that the nature of the construction is such that further work as authorized by an existing permit is likely to endanger any property or public way, the Building Official may require as a condition to allowing the work to be continued that such reasonable safety precautions be taken as the Building Official considers advisable to avoid such danger. Remedial actions may include but shall not be limited to specifying a flatter exposed slope, construction of additional drainage facilities, berms, terracing, compaction, cribbing, or retaining walls, or planting of slopes.

(j) Abatement of Hazardous Conditions. Whenever the Building Official determines that any existing excavation or embankment or fill has become a hazard to life and limb, or endangers property, or adversely affects the safety, use, or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of such property, upon receipt of notice in writing from the Building Official shall within the period specified therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this chapter,

(a) General Design Intent. It is the general intent of the regulations of this Chapter that site development design shall preserve to the extent that is reasonable and feasible the existing natural scenic value of hills and valleys and contours of land.

(b) General Criteria for Design. All site development work, whether or not a permit is required under this chapter, shall be designed to:

(1) Retain trees and other native vegetation which stabilizes steep hillsides, retains moisture, prevents or minimizes erosion, and enhances the natural scenic beauty, insofar as practical;

(2) Place building pads in such a manner as to permit ample room for adequate landscaping and drainage between and around the buildings;

(3) Minimize scars from cuts and fills and avoid permanent scarring of the hillsides;

(4) Round off, in a natural manner, sharp angles at the top and toe of cut and fill slopes, and conform to existing terrain, both with respect to building sites and to road cross-sections;

(5) Limit development on steep or dangerous terrain;

(6) Take into consideration geologic hazards and adverse soil conditions and their effect on the future stability of the development.

(c) Regulations for Excavations.

(1) Maximum Slope. Cuts shall not be steeper in slope than two (2) horizontal to one (1) vertical unless the owner furnishes a soil or a geological report certifying that the site has been investigated and indicating that the proposed deviation will not endanger any public or private property or result in the deposition of debris on any public way or place or interfere with any existing drainage course.

The Building Official may require the excavation to be made with a cut face flatter in slope than two (2) horizontal to one (1) vertical if he finds it necessary for stability and safety.

(2) Drainage Terraces. Cut slopes exceeding thirty (30) feet in vertical height shall have drainage terraces not less than eight (8) feet in width, measured from the outer edge of the terrace to the invert of the drain, at vertical intervals not to exceed twenty-five (25) feet except that where only one (1) such terrace is required it shall be located at mid-height. For cut slopes exceeding one hundred (100) feet in vertical height, the drainage terrace near mid-height shall be not less than twelve (12) feet in width. Design and construction of drainage terraces shall conform to the requirements of Section 12.44.060(f). All cut slopes shall be examined for evidence of seepage at completion of grading to determine if installation of horizontal drains is necessary.

(3) Variations. Variations from the regulations in this section may be allowed by the Building Official if the variations will provide equivalent safety, stability, and protection against erosion, as recommended by a geotechnical engineer or engineering geologist.

(d) Regulations for Fills.

(1) Compaction. Except as otherwise provided in subsection (d)(2) of this section, all fills shall be compacted throughout their full extent to a minimum of ninety percent (90%) of maximum density as determined by the current ASTM D1557 test method. Field density shall be determined by a method acceptable to the Building Official. All existing on-site fills and backfills shall be excavated and stockpiled for reuse in planned fill areas.

(2) Exceptions to Compaction Requirement.

(A) Special Compaction. Compaction may be reduced to eighty-five percent (85%) of maximum density as determined by the specified test in subsection (d)(1) of this section, within the outer eight (8) inches of fill slope surfaces when such compaction is provided by grid rolling or equivalent means.

(B) Nonstructural Fills. Fills not intended to support structures, subdivision streets or improvements need not be compacted to the standard set forth in subsection (d)(1) of this section if the Building Official determines that such compaction is unnecessary as a safety measure. In making this determination, the Building Official may require that an investigation be made by an approved soil testing agency to establish the characteristics of the soil, the amount of settlement to be expected and the susceptibility of the soil to erosion or slippage.

(C) Planted Slopes. Slope surfaces may be prepared for planting by scarifying, by the addition of topsoil, or by other methods, if such loose material does not exceed a depth of three inches and said slopes otherwise comply with the requirements of this section.

(3) Preparation of Ground. The natural ground surface shall be pared to receive fill by removing vegetation, noncomplying fill, topsoil, and, where slopes are five (5) horizontal to one (1) vertical or steeper, by benching into sound bedrock or other competent material. Five (5) feet of the lowermost bench shall be exposed beyond the toe of the fill. The bench shall be sloped for sheet overflow or a paved drain shall be provided.

(4) Fill Slope. No compacted fill shall be made which creates an exposed surface steeper in slope than two (2) horizontal to one (1) vertical. The Building Official may require that the fill be constructed with an exposed surface flatter than two (2) horizontal to one (1) vertical if he finds this necessary for stability and safety.

(5) Fill Material. No organic or other reducible material shall be incorporated in fills. Except as recommended by the geotechnical engineer and approved by the Building Official, no rock or similar irreducible material with a maximum dimension greater than four (4) inches shall be buried or placed within forty-eight (48) inches of finish grade. Expansive adobe soils shall not be used in fills within five (5) feet of finish grade in street and building areas and shall not be placed in the slope area of high fills.

(6) Drainage Terraces. Fill slopes exceeding thirty (30) feet in vertical height shall have drainage terraces not less than eight (8) feet in width, measured from the outer edge of the terrace to the invert of the drain, at vertical intervals not exceeding twenty-five (25) feet except that where only one (1) such terrace is required it shall be located at mid-height. For fill slopes exceeding one hundred (100) feet in vertical height, the drainage terrace near mid-height shall be not less than twelve (12) feet in width. Design and construction of drainage terraces shall conform to the requirements of Section 12.44.060(f).

(7) Slopes to Receive Fill. Where fill is to be placed above the top of an existing or proposed cut or natural slope steeper than three (3) horizontal to one (1) vertical, the toe of the fill shall be set back from the top edge of the slope a minimum distance of six (6) feet, measured horizontally, or such other distance as may be specifically recommended by a geotechnical engineer or engineering geologist and approved by the Building Official. Fills shall not toe out on slopes steeper than three (3) horizontal to one (1) vertical.

(e) Slope Location and Setbacks.

(1) The property line of any proposed or existing site or parcel located within the grading project shall be located at the top of the slope or along any slope drainage terrace.

(2) Excavation and fill slopes shall be set back a minimum of three (3) feet plus one-fifth (⅕) the vertical height of the slope from the project boundary line, with a maximum of ten (10) feet.

(3) Buildings and structures shall be set back from excavation or fill slopes a minimum of four (4) feet plus one-fifth (⅕) of the vertical height of the slope, with a maximum of ten (10) feet.

(4) Variations from the regulations in this subsection (e) may be allowed by the Building Official if they will provide equivalent safety, stability, and protection against erosion, as recommended by a geotechnical engineer or engineering geologist.

(f) Regulations for Drainage.

(1) General. Storm drainage structures, systems and facilities shall be provided as required by the Building Official and in accordance with standard specifications on file with the Building Official. In addition, storm drain structures, systems and facilities shall be in compliance with State and Federal National Pollution Discharge Elimination System (NPDES) requirements. In satisfaction of these requirements, the Building Official may require the installation of grease traps, sediment basins, storm water monitoring stations and such other devices and systems which the Building Official determines are necessary for compliance with NPDES requirements. The design of all storm drainage structures, systems and facilities shall be in accordance with recognized principles of hydraulics. Such devices shall be considered components of the Final Erosion and Sedimentation Control Plan.

(2) Disposal. All drainage facilities shall be designed to carry surface waters to the nearest practical street, storm drain, or natural watercourses, approved by the Building Official as appropriate to discharge such waters. If the drainage device discharges onto natural ground, rip-rap or a similar energy dissipator may be required. City standard curbs and gutters shall also be installed at the property line adjoining the public right-of-way for the purpose of conveying site runoff to storm drain facilities.

(3) Site Drainage. Graded building sites (building pads) shall have a minimum slope of one percent (1%) towards a public street or drainage facility approved to receive storm waters. A lesser slope may be approved by the Building Official for sites graded in relatively flat terrain, or where special drainage provisions are made, when he finds such modification will not result in unfavorable drainage conditions.

(4) Terrace Drains.

(A) All unlined swales or ditches on drainage terraces shall have a uniform longitudinal grade of not less than one percent (1%) nor more than three percent (3%) and a minimum depth of one (1) foot at the shallowest point. Such terraces shall drain into a paved gutter, pipe or approved watercourse adequate to convey the water to a safe disposal area.

(B) The geotechnical engineer may approve steeper slopes based on sediment transport analysis.

(C) The drainage terrace shall be provided with a lined ditch, if required by the geotechnical engineer for stability or prevention of erosion.

(5) Overflow Protection. Berms, swales or other devices shall be provided at the top of cut or fill slopes to prevent surface water from flowing over or onto, and damaging the face of the slope. Special drainage provisions shall be made where a building or structure exists within five (5) feet of the top of a slope.

(6) Maintenance of Drainage. The permittee shall maintain drainage facilities, in conformance with the requirements of this chapter, during construction. The owner of the subdivided parcel shall maintain forever such drainage facilities as may be contained in a private storm drain easement.

(7) Subdrains. Subdrains and laterals shall be as determined by the geotechnical engineer. Subdrain designs shall be approved by the Building Official. Provisions shall be made for carrying off collected water from all slopes to suitable disposal points.

(8) Variations. Variations from the regulations of this section may be allowed by the Building Official if they will provide equivalent safety, stability, and protection against erosion and storm water pollution as recommended by a geotechnical engineer or engineering geologist and by the Contra Costa County Flood Control District.

(g) Erosion Control Planting.

(1) The surface of all erodible cut slopes more than five (5) feet in height and fill slopes more than three (3) feet in height shall be protected against erosion by planting with landscape materials as prescribed in Section 12.44.030(e). The plants and planting methods shall be suitable for the soil and climatic conditions of the site and in accordance with standard specifications on file with the Building Official.

(2) Irrigation System.

(A) Planted slopes shall be provided with an approved system of irrigation. A functional test of the system may be required. For slopes less than twenty (20) feet in vertical height hose bibs may be allowed where a hose no longer than fifty (50) feet is necessary for irrigation.

(B) The requirements for permanent irrigation systems may be modified, when approved by the Building Official, because the type of plants selected, planting methods used, and soil and climatic conditions at the site make irrigation of the slope planting unnecessary.

(3) Approval. The planting and irrigation system shall be installed after final grading. Final approval of the work and release of the bond shall be made when growth is established on the slopes.

(4) Variations. Variations from the regulations of this subsection may be allowed by the Building Official if the variations will provide equivalent safety, stability, and protection against erosion, as recommended by a geotechnical engineer or engineering geologist.

(h) Other Regulations.

(1) Hours of Work. If operations under the permit are within five hundred (500) feet of residential or commercial occupancies, grading operations shall be limited to the hours between 8 a.m. and 5 p.m. Monday through Friday, or as approved by the Building Official, except that maintenance and service work on equipment may be performed until 9:00 p.m.

(2) Encroachments on Public Rights-of-Way. Encroachment of operations on public rights-of-way without a valid encroachment permit is prohibited except for hauling of legal loads by vehicles permitted by law to operate on public roads.

(3) Nuisances. Operations shall be controlled to prevent nuisances to public and private ownerships because of dust, drainage, removal of natural support of land and structures, encroachment, noise, and/or vibration.

(4) Explosives. Blasting or other use of explosives shall be conducted in accordance with regulations by the City Council, the State Fire Marshal, and local fire authorities.

(i) Responsibility of Permittee.

(1) Compliance With Plans and This Chapter. The permittee, his agent, contractor or employee, shall carry out the proposed work only in accordance with the approved plans and specifications and in compliance with all the requirements of this chapter.

(2) Notice of Work. In performing regular development work it shall be the responsibility of the permittee to notify the Building Official at least one working day in advance so that the required inspections can be made.

(j) Reports Required and Final Approval. The Building Official may require the following reports, as cited in Section 12.44.040(k) and shall not finally approve any development or work until all required maps and reports have been submitted and approved, including the following:

(1) A final report by the civil engineer certifying that all grading, lot drainage and drainage facilities have been completed and the slope planting installed in conformance with the approved plans and the requirements of this chapter with a final contour map if the work is not in substantial conformity with the approved plans.

(2) A report by the geotechnical engineer including the recommended soil-bearing capacity, a statement as to the expansive qualities of the soil, summaries of field and laboratory tests, and his opinion as to the adequacy of the work completed and its conformity with plans and specifications. The location of such tests and the limits of the compacted fill shall also show by plans and cross section the location of any subdrains, rock disposal areas and/or buttress fills in the work.

(3) An engineering geologist's report based on the final contour map including specific approval of the grading as affected by geological factors. The report shall include a revised geologic map and cross sections, with recommendations regarding the location of buildings or sewage disposal systems.

(k) Evaluation of Existing Fill. The Building Official may require the submission of a preliminary soil investigation report and/or engineering geological report before issuing a building permit for a structure to be placed on any fill or embankment constructed before the enactment of this chapter, or excepted from the requirement for a grading permit, or on any other lot or parcel on which critically expansive soils, slide conditions, or other soils, or geologic hazards exist or may reasonably be anticipated to exist. If the Building Official determines that the action recommended in this report is likely to prevent structural damage to the proposed structure, he shall recommend that the requirements contained in the report shall become a part of the required construction as a condition of the permit.

(a) Any applicant or any permittee or his surety, if any, taking exception to any condition imposed upon his grading permit, or to any denial thereof, or to the revocation or suspension thereof, shall have the right to a hearing before the City Manager, or the City Manager's designee, prior to the implementation of the condition or adverse permit action.

(b) Prior to any denial, revocation or suspension of the permit, the Building Official shall give the appellant written notice of the denial, revocation or suspension. The notice shall set forth the ground or grounds for the denial, revocation or suspension and shall inform the appellant that the appellant has ten days from the date of receipt of the notice to file a written request for a hearing.

(c) Within ten days of the written notice by the Building Official regarding a permit denial, suspension or revocation, or within ten days of receipt of a permit which contains an objected to condition, the appellant may appeal by submitting a request to the Building Official for a hearing before the City Manager, or the City Manager's designee. Such request must be made in writing and must set forth the specific grounds for the appeal. If the applicant or permittee files a timely hearing request, the City Manager, or the City Manager's designee, shall set a time and place for the hearing. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues, to be represented by counsel and to confront and cross-examine any witnesses against them. The decision of the City Manager, or the City Manager's designee, shall be in writing and shall be the final administrative decision.

(d) If no timely appeal is taken, the action of the Building Official shall be deemed final. If a timely appeal request is made by a permittee with regards to a permit suspension or revocation, the permit shall remain in force and effect until a decision on appeal has been made by the City Manager, or the City Manager's designee.

(a) What Constitutes Nuisance. The following shall constitute a public nuisance:

(1) Any grading without a permit where same is required by this chapter;

(2) Any grading or other work done in violation of any of the conditions imposed thereon by a permit issued pursuant to this chapter;

(3) Any grading or other work which fails to be done as required by any conditions of a permit issued pursuant to this chapter;

(4) The existence of a hazardous condition as defined in Section 12.44.050(j) of this chapter upon the determination by the Building Official as provided in said section that such condition exists.

(b) Abatement of Nuisance. The Building Official, or the Building Official's designee, may summarily abate or cause to be abated any condition which is declared in Section 12.44.080(a) to be a public nuisance or may abate or cause to be abated any such public nuisance in any other manner established by statute, law, ordinance, rule, or regulation of the State of California or of the City of Richmond, or may apply to a court of competent jurisdiction for appropriate relief, including but not limited to an order requiring or causing the abatement of any such public nuisance. The costs and expenses of such abatement shall become a lien upon the real property or premises upon which such public nuisance exists.

(c) Procedure Not Exclusive. The procedure provided in this chapter shall be cumulative and in addition to any other procedure or procedures provided in ordinances of this City or by State law for the abatement of any of the conditions described herein, and abatement hereunder shall not prejudice or affect any other action, civil or criminal, for the maintenance of any other action, civil or criminal, for the maintenance of any such condition.

(Source: Ordinance No. 19-97 N.S.)