Sacramento Municipal Code Art. I General Provisions and Requirements

This chapter shall be known as the grading, erosion, and sediment control ordinance of the city of Sacramento, and shall be referred to herein as the "grading ordinance." (Prior code § 9.31.1501)

The grading ordinance is enacted for the purpose of regulating grading on property within the city limits of the city to safeguard life, limb, health, property and the public welfare; to avoid pollution of watercourses with nutrients, sediments, or other materials generated or caused by surface water runoff; to comply with the city's national pollution discharge elimination system (NPDES) Permit No. CA0082597, provision D2, issued by the California regional water quality control board; and to ensure that the intended use of a graded site within the city limits is consistent with the city general plan, any specific plans adopted thereto and all applicable city ordinances and regulations. The grading ordinance is intended to control all aspects of grading operations within the city limits of the city. (Prior code § 9.31.1502)

The grading ordinance sets forth rules and regulations to control land disturbances, landfill, soil storage, pollution, and erosion and sedimentation resulting from construction activities. The grading ordinance establishes procedures for issuance, administration and enforcement of permits for such activities. Any grading within the city limits of the city shall conform to provisions of the grading ordinance and other applicable provisions of the city code, including but not limited to, the latest edition of the city standard specifications for public works construction, Sacramento city/county drainage manual, and city manual of standards and improvement standards.

The director shall adopt a manual of standards entitled "Administrative and Technical Procedures Manual for Grading, Erosion, and Sediment Control" setting forth the administrative procedures and technical requirements necessary to implement the provisions of the grading ordinance. The director shall have the authority to change, update or revise this manual as necessary at his or her sole discretion, to implement the provisions of the grading ordinance. (Prior code § 9.31.1503)

The grading ordinance shall be administered for the city by the department of utilities through the building permit process, improvement plan process or capital improvement project process, as applicable. (Ord. 2001-014 § 2; prior code § 9.31.1504)

Unless the particular provision or the context otherwise requires, wherever the following terms are used in the grading ordinance, they shall have the meaning ascribed to them in this section:

"Applicant" means any person seeking or receiving grading approval, in accordance with the terms of the grading ordinance, to perform grading after the issuance of a building permit or the approval of improvement plans, or to commence grading prior to such issuance or approval.

"Best management practices" means any program, technology, technique, process, siting criteria, operating method, measure or device which controls, prevents, removes or reduces pollution, erosion, and sediment transport, including, but not limited to, any best management practices required or implemented under the city's Stormwater Management and Discharge Control Code, set forth in Chapter 13.16.

"City council" means city council of the city of Sacramento.

"Civil engineer" means a professional engineer registered as a civil engineer by the state of California.

"Compaction" means the increase of density of a soil or rock fill by mechanical means.

"Cut (excavation)" means the removal of naturally occurring earth materials by manual or mechanical means, and the conditions resulting therefrom.

"Director" means director of the department of utilities of the city of Sacramento, or his or her authorized designees.

"Drainage waters" means surface waters which collect, or are accumulated, on the ground and which, by means of drainage ways or water courses, flow off the surface to larger rivers, streams, or lakes. Such waters shall include, but are not limited to, natural precipitation and irrigation waters.

"Drainage way" means a depression in the earth's surface such as a swale, ravine, gully, slough, draw, hollow, or ditch in which surface water collects for drainage.

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

"Embankment (fill)" means the deposit of soil, rock or other materials placed by artificial means and the conditions resulting therefrom.

"Encroachment permit" means a written permit issued by the department of public works authorizing certain work within a publicly maintained right-of-way.

"Engineering geologist" means a registered geologist certified as an engineering geologist by the state of California.

"Erosion" means the washing or wearing away and transportation of earth material as a result of the movement of wind, water, or ice.

"Erosion and sediment control plan (ESC plan)" consists of a set of best management practices or equivalent measures designed to control surface runoff and erosion, retain sediment on a particular site and prevent pollution of site runoff during the period beginning when any preconstruction- or construction-related grading or soil storage first occurs, until all final improvements and permanent structures are completed.

"Excavation (cut)" means the removal of naturally occurring earth materials by manual or mechanical means, and the conditions resulting therefrom.

"Existing grade" means the elevation of the ground surface at a given point prior to excavating or filling.

"Fill (embankment)" means the deposit of soil, rock or other materials placed by artificial means and the conditions resulting therefrom.

"Finish grade" means the final grade of the site after excavating or filling which conforms to the approved final grading plan. The finish grade is also the grade at the top of a paved surface.

"Geologic hazard" means any condition in naturally occurring earth materials which may endanger life, health or property.

"Geotechnical engineer" means a civil engineer registered by the state of California who is qualified in the field of soil mechanics and soil engineering and has the authority to use the title "soil engineer."

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

"Grading" means any land excavation or filling or combination thereof, or the removal, plowing under or burial of vegetative groundcover.

"Grading plan" means a plan prepared in accordance with this chapter showing grading and related work.

"Manual of standards" means a compilation of administrative procedures, technical standards and design specifications adopted by the city of Sacramento for controlling construction-related grading, surface runoff, erosion and sedimentation. This manual of standards shall be titled "Administrative and Technical Procedures Manual for Grading and Erosion and Sediment Control."

"Owner" means the legal owner of the property where the grading work is to be done, as shown on the latest equalized assessment roll in the office of the county assessor.

"Parcel (lot)" means the land described as a lot or parcel in a recorded deed or shown as a lot or parcel on a subdivision map or parcel map on file in the Sacramento County recorder's office.

"Permit" means either a building permit or a separate grading permit.

"Person" means any person, firm, corporation, or public agency whether principal, agent, employee, or otherwise.

"Post construction erosion and sediment control plan (PC plan)" consists of a set of best management practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a particular site after all final structures and permanent improvements have been erected or installed.

"Preliminary grading plan" means a plan that shows the proposed grading work in relation to the existing site prepared and submitted with the application for a grading permit.

"Rainy season" means the period of the year during which there is a substantial risk of rainfall. For the purpose of this chapter, the rainy season is defined as from October 1st to April 30th, inclusive.

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

"Sediment" means any material transported or deposited by water, including soil debris or other foreign matter.

"Site" means any lot or parcel of land or combination of contiguous lots or parcels of land, whether held separately or joined together in common ownership or occupancy, where grading is to be performed or has been performed.

"Slope" means an inclined ground surface the inclination of which may be expressed as the ratio of horizontal distance to vertical distance.

"Soil" means all earth material of any origin that overlies bedrock and may include the decomposed zone of bedrock which can be excavated readily by mechanical equipment.

"Vegetation" means plant life or total plant cover of an area.

"Watercourse" means any natural or manmade channel in which water flows continuously or intermittently in a definite direction and course, or which is used for the holding, delay or storage of waters, or which functions at any time to convey or store stormwater runoff. (Ord. 2003-058 §§ 1-2; prior code § 9.31.1505)

Except for the specific exemptions listed hereinafter, no person shall do or permit to be done any grading on any site in the city without first obtaining approval of such grading from the director in accordance with the provisions of the grading ordinance. (Prior code § 9.31.1506)

The following grading may be done without obtaining grading approval unless grading approval is required in mitigation monitoring agreements or other conditions of project approval. Exemption from the grading approval requirement shall not be deemed as permission to violate any other provision of this chapter.

A. Minor construction projects which meet all of the following requirements:

• 1. The volume of material graded is less than fifty (50) cubic yards,
• 2. The depth of cuts and fills is less than two feet,
• 3. Any drainageway is not blocked or obstructed and its stormwater carrying capacities are not modified,

4. Slopes are less than ten percent and are not left in an unstable or erodible condition;

B. Single family residential lots less than one-half acre that are not part of a larger common plan and residential infill projects less than one-half acre which also meet the requirements of subsection A of this section;

C. Excavations in connection with a swimming pool authorized by a valid building permit;

D. Grading necessary for agricultural operations unless the failure of any cut or fill created by such grading could endanger any structure intended for human or animal occupancy or any public road, or could obstruct any water-course or drainageway;

E. Exploratory excavations of less than three hundred fifty (350) cubic yards under the supervision of a geotechnical engineer;

F. Routine cemetery excavations and fills;

G. Performance of emergency work necessary to protect life or property when an urgent necessity therefor arises. The person performing such emergency work shall notify the director promptly of the problem and work required;

H. An excavation below finished grade for basements and footings of a building authorized by a valid building permit;

I. Refuse disposal sites controlled by Title 23, Chapter 15, of the California Code of Regulations;

J. The repair and maintenance of levees for river and local drainage control performed by a governmental agency. (Prior code § 9.31.1507)

Grading approval may be issued by the director in connection with the issuance of a building permit or the approval of improvement plans, or where grading is commenced prior to such issuance or approval, through the issuance of a separate grading permit. (Prior code § 9.31.1508)

A. No grading shall be approved unless the project conforms with the city's general plan, any adopted specific or community plans, and applicable city ordinances, including the Planning and Development Code and the subdivision ordinance.

B. Where the California Environmental Quality Act (CEQA) requires the preparation and approval of environmental documents concerning a project which will result in grading for which a grading permit is required under this chapter, no grading shall be approved until all CEQA requirements have been met, including, but not limited to, mitigation measures relating to protection of threatened and endangered species under applicable federal and state endangered species laws. Where the land proposed to be graded is located within the North Natomas Community Plan Area or the South Natomas Community Plan Area, grading permits may be issued, provided that the conditions contained in Section 15.88.091 are satisfied.

C. Where a proposed grading project requires the filing of a tentative map or the intended use requires approval of a discretionary zoning permit or variance, grading may also require approval from the city planning and building department.

D. Work shall be performed in accordance with the provisions of the grading ordinance and the applicable criteria set forth in the manual of standards.

E. Grading approval shall be limited to work shown on the grading plans as approved by the director. The director may impose any condition deemed necessary to protect the health, safety, and welfare of the public, to prevent the creation of a hazard to public or private property, and/or to assure proper completion of the grading, including, but not limited to, the following:

1. Mitigation of adverse environmental impacts as disclosed by any environmental document findings, including, but not limited to, those matters specified in subsection B of this section;

2. Improvement of any existing grading to comply with the standards of the grading ordinance;

3. Requirements for fencing or other protection of grading which would otherwise be hazardous;

4. Requirements for dust, erosion, sediment and noise control, hours of operation and season of work, access roads and haul routes;

5. Requirements for safeguarding watercourses, whether natural or manmade, from excessive deposition of sediment or debris. In no case shall deposition of sediment or debris cause an exceedance of applicable water quality standards;

6. Assurance that the land area in which grading is proposed and for which habitable structures are proposed is not subject to hazards of land slippage or significant settlement or erosion and that the hazards of flooding can be eliminated or adequately reduced;

7. Requirements for safeguarding existing water wells. (Ord. 2013-0021 § 46; Ord. 2001-021 § 1; Ord. 2001-014 § 3; prior code § 9.31.1509)

The city manager is authorized to issue grading permits within the North Natomas Community Plan Area and the South Natomas Community Plan Area only if the city manager finds that the applicant meets all the requirements of subsections A, B, C and D of this section.

A. The applicant has paid to the city (in addition to the "catch-up fee" required by Ordinance No. 2002-018) the full amount of the habitat-conservation fees that have been assessed by the city pursuant to the April 2003 Natomas Basin Habitat Conservation Plan and are then in effect (HCP Fees), including the entire amount and all elements of any increased HCP fees adopted by the Natomas Basin Conservancy ("NBC") and by the city pursuant to a validly enacted ordinance or resolution. The city anticipates receiving an adopted fee increase proposal from the NBC for consideration and adoption. The city shall not issue any grading permit until such time as the entire amount of, and all elements of, the anticipated HCP fee increase become effective or the city has otherwise secured from the applicant a written and unconditional agreement to pay the entire amount of, and all elements of, the increased HCP fees. All HCP fee increases will be included within the obligations to be covered by the agreement required under subsection D of this section.

B. If the applicant prepaid its HCP fees in an amount less than the HCP fees in effect when the grading permit is issued, the applicant has paid a catch-up fee in accordance with Ordinance No. 2002-018 and has paid an amount equal to its fair share of the amount of any HCP fee increase, on a peracre basis, as reasonably determined by the city.

C. In lieu of the land-acquisition component of any HCP fee required to be paid under subsections A and B of this section, the applicant has transferred to the city or to the NBC fee title or a conservation easement in perpetuity for mitigation land, at the ratio of 0.5 acre of mitigation land for each acre for which the city issues a grading permit, and the applicant has paid other components of the applicable fees. If the number of acres transferred by an applicant to the city or to NBC exceeds the number of acres required to comply with the 0.5:1 mitigation formula set forth in the April 2003 Natomas Basin Habitat Conservation Plan (NBHCP), the city shall grant the applicant a credit against the landacquisition component of any HCP fee to be paid in the future or, at the applicant's option, the city (either directly or through the NBC) shall pay the applicant, in cash, an agreed-upon amount not to exceed the fair market value of the excess acres of land transferred to the city or to NBC.

D. The applicant has executed an agreement, in a form acceptable to and approved by the city attorney, that requires the applicant and its successors in interest to do the following:

1. Comply with all provisions of the NBHCP;

2. Comply with the Incidental Take Permit and the State Incidental Take Authorization issued in conjunction with the NBHCP;

3. Pay all applicable fee increases and additions, whether adopted by the city before or within six months after issuance of the grading permit (but an applicant who has been specifically and expressly asked by the city manager or designee to pay HCP fees earlier than the date of issuance of a grading permit, and who in fact makes the requested early payment, shall not be subject to the "catch up" provisions of this clause); and

4. Release, defend, and fully indemnify the city and its officers, employees, and agents from and against all costs and damages, including attorney's fees, that may arise in connection with the city's issuance of a grading permit to the applicant, including, but not limited to, claims (procedural or substantive) that relate to HCP fee increases adopted by the city and arise under California's Mitigation Fee Act (title 7, division 1 of the Government Code, at chapters 6, 7, 8, and 9). (Ord. 2003-031 § 1; Ord. 2002-023 § 1; Ord. 2001-021 § 2)

Neither issuance of grading approval under the provisions of the grading ordinance nor compliance with the provisions hereof or with any conditions imposed in a permit issued hereunder shall relieve any person from responsibility for damage to any person or property or impose any liability upon the city for damage to any person or property. (Prior code § 9.31.1510)

The issuance of grading approval shall not be construed as an approval of any action or condition constituting a violation of the provisions of the grading ordinance or of any other applicable laws, ordinances, rules or regulations. (Prior code § 9.31.1511)

No person shall do or permit to be done any grading which may obstruct, impede, or interfere with the natural flow of stormwaters, whether such waters are unconfined upon the surface of the land or confined within land depressions, natural drainage ways, unimproved channels, watercourses, improved ditches, channels or conduits, in such manner as to cause flooding where it would not otherwise occur, aggravate any existing flooding condition or cause accelerated erosion except where said grading is in accordance with all applicable laws including, but not limited to, the provisions of the grading ordinance. (Prior code § 9.31.1512)

No person shall excavate or remove any material from or otherwise alter any levee adjacent to any river, creek, bay, or local drainage control channel, without prior approval of the governmental agency or agencies responsible for the operation and/or maintenance of the levee. (Prior code § 9.31.1513)

No person shall perform any grading work within the right-of-way of a public road or street, or within a public easement, without prior written approval of the director, and without obtaining a city encroachment permit. (Prior code § 9.31.1514)

Whenever the director determines that any grading on private property constitutes a condition which could endanger persons or property, or could adversely affect the safety, use or stability of adjacent property, or an overhead or underground utility, or any public way, watercourse or drainage channel, or could adversely affect the water quality of any water bodies or watercourses, the owner of the property upon which the condition is located, or other person or agent in possession or control of said property, upon receipt of notice in writing from the director, shall, within the period specified therein, stop all work. The director may require the submission of plans, soil or geological reports, detailed construction recommendations, drainage study or other engineering data prior to and in connection with any work or activity proposed or required to correct such condition. (Prior code § 9.31.1515)

The provisions of the grading ordinance shall not apply to planned or existing construction for which all previously necessary permits and approvals were obtained prior to the effective date of the ordinance codified in this chapter. (Prior code § 9.31.1516)