Chapter 4 — DESIGN STANDARDS AND PERFORMANCE REQUIREMENTS

(a) Major Slopes. The average slope of each cut surface resulting in a major slope shall not be steeper than two horizontal to one vertical exclusive of benches and exclusive of roundings unless:

(1) a report is received from a soil engineer certifying that he or she has investigated the property and that in his or her opinion the proposed steeper slope will be stable and will not endanger any public or private property or result in the deposition of debris on any public way or interfere with any existing drainage course; and

(2) a report is received from a landscape architect certifying that such steeper slope, considering the nature of the soils on the slope surface, will support the proposed planting by maturity without significant or excessive erosion. All major cut slopes shall be rounded into the existing terrain to produce a contoured transition from cut face to natural ground and abutting cut or fill surfaces where conditions permit. The County Official may require at any time that the excavation be made with a cut face flatter in average slope than two horizontal to one vertical or require such other measures as he or she deems necessary for stability and safety.

(b) Minor Slopes. Cuts resulting in minor slopes shall not be steeper in slope than one and one half horizontal to one vertical unless the County Official approves such steeper slope after receipt of a report by a soil engineer certifying that he or she has investigated the property and that in his or her opinion the proposed steeper slope will be stable and will not endanger any public or private property or result in the deposition of debris on any public way or interfere with any existing drainage course.

(c) Borrow Pits. The application of this section to borrow pits shall be limited to the final slopes thereof. (Added by Ord. No. 9547 (N.S.), effective 5-9-03)

All cut or fill slopes exceeding forty feet in vertical height shall have drainage terraces at vertical intervals not exceeding thirty feet except that where only one terrace is required, it shall be at approximately mid-height unless some other location is approved by the County Official. Such drainage terraces shall be at least six feet wide and be designed and constructed so as to provide a swale or ditch having a minimum depth of one foot and a minimum grade of two percent unless a flatter grade is approved by the County Official. The terrace including the swale or ditch shall provide a paved drainage way based upon the need as determined by the slope, wetted perimeter and discharge that drains into a paved gutter, pipe or other safe disposal area. Such drainage terraces including the swales and ditches shall be paved with a minimum thickness of three inches of portland cement concrete, or with two inches of pneumatically applied concrete mortar, or shall be improved with other materials or with other treatment approved by the County Official as equal. If the drainage discharges onto natural ground, the County Official may require that such natural ground be protected from erosion outlet protection/velocity dissipation devices. Drainage terraces or the paving thereof may be waived by the County Official after receipt of the report by the soil engineer certifying that he or she has investigated the property and that in the engineer's opinion drainage terraces or paving is unnecessary. (Added by Ord. No. 9547 (N.S.), effective 5-9-03)

SEC. 87.403. CUTS -- EXPANSIVE SOILS.

In the event that during the grading operation, expansive soil (as identified in the American Society for Testing Materials D4829-25 test or modification thereof approved by the County Official) is found within either two feet of the finished lot grade or three feet of the finished floor grade of any area intended or designed as the location for a building, the permittee shall cause such expansive soil to be removed from such building area to a depth specified by the County Official and replaced with nonexpansive soil properly compacted; provided, however, the County Official may, upon receipt of a report by a soil engineer certifying that he or she has investigated the property and recommending a design of footings or floor slab or other procedure that in his opinion will alleviate any problem created by such expansive soil, waive the requirement that such expansive soil be removed and replaced with nonexpansive soil.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03)

All fills shall be compacted to a minimum of ninety percent of maximum density as determined in the laboratory by the American Society for Testing Materials D-1557-91 test or modification thereof approved by the County Official, provided that the compactive energy of the test shall not be less than 35,000 foot-pounds per cubic foot. Field density shall be determined by the American Society for Testing Materials D-1556-90 or D2922-91 method, or an equivalent test approved by the County Official. Lower degrees of compaction may be permitted by the County Official after he or she receives a soil engineer's report certifying that the soil engineer has investigated the property, made soil tests, and that in the engineer's opinion such lower degree of compaction will be adequate for the intended use of the property which use shall be described in the report.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03)

The natural ground surface shall be prepared to receive fill by removing vegetation, non-complying fill, unsuitable soil, and, where slopes are five horizontal to one vertical or steeper, by benching into material approved by the soil engineer.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03)

(a) No fill shall be made which creates an exposed surface steeper in average slope than two horizontal to one vertical exclusive of benches and exclusive of roundings described in subsection (b) unless a report satisfactory to the County Official is received from a landscape architect certifying that such steeper slope, considering the nature of the soils on the slope surface, will support the proposed planting to maturity without significant or excessive erosion and a report by a soil engineer is received certifying that he or she has investigated the property and that in the engineer's opinion such steeper slope will be stable and will not endanger any public or private property or result in the deposition of debris in any public way or interfere with any existing drainage course.

(b) All fill slopes which are major slopes shall be rounded into the existing terrain to produce a contoured transition from fill face to natural ground and abutting cut or fill surfaces where conditions permit. (Added by Ord. No. 9547 (N.S.), effective 5-9-03)

• (a) No organic material shall be permitted in fills.

(b) No rock or similar irreducible material with a maximum dimension greater than eight inches shall be buried or placed in any fill unless permitted by the County Official after receipt of a report by a soil engineer certifying that he or she has investigated the property and the fill material and that a fill including such greater size material may be constructed to meet the requirements of this Division. When such greater size material is placed in fills it shall be done under the direction and supervision of a soil engineer.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03)

Unless specifically prohibited by the terms of the Grading Permit, materials excavated from any site for use thereon may be screened upon that site, and all materials which are to be placed as fill upon any site may be mixed upon that site.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03)

Fills toeing out on natural slopes which are steeper than two horizontal to one vertical shall not be made unless approved by the County Official after receipt of a report by a soil engineer certifying that he has investigated the property, made soil tests and that in his or her opinion such steeper slope will safely support the fill proposed to be made.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03)

In areas intended or designed to support buildings, expansive soil shall not be placed within three feet of the finish grade in such building areas unless approved by the County Official after receipt of a report by a soil engineer certifying that he or she has investigated the property and recommended a design of footings or floor slab or other procedure that will alleviate any problem created by placing the expansive soil within such building areas. (Added by Ord. No. 9547 (N.S.), effective 5-9-03)

Fills constructed predominantly of large rock will be permitted only if the specifications for such fill are prepared by and construction done under the direction and supervision of a soil engineer. Large rock fills will not be permitted within six feet of finish grade or within two feet of the bottom of any utility pipeline. (Added by Ord. No. 9547 (N.S.), effective 5-9-03)

(a) Cuts and fills shall be set back from property lines and buildings shall be set back from cut or fill slopes in accordance with Figure No. 1 of this section.

(b) Fill placed above the top of an existing or proposed cut or above a natural slope steeper than three horizontal to one vertical shall be set back from the edge of the slope a minimum distance of six feet.

(c) The setbacks established by this section are minimum and may be increased by the County Official if he or she deems it necessary for safety or stability or to prevent possible damage from water, soil or debris.

(d) The County Official may reduce the required setback in either of the following cases:

(1) where he or she determines the necessity for the setback eliminated or reduced by the construction of retaining walls or because the owner has the right to extend slopes onto the adjacent property; or

(2) after receipt of a report by a soil engineer certifying that he or she has investigated the property and that in the engineer's opinion the reduction in the setback will not endanger any public or private property or result in the deposition of debris on any public way or interfere with any existing drainage course. (Added by Ord. No. 9547 (N.S.), effective 5-9-03)

(a) The ponding of water shall not be permitted above cut or fill slopes or on drainage terraces. Adequate drainage facilities shall be provided to prevent such ponding.

(b) All drainage facilities shall be designed to carry surface waters to the nearest practical street, storm drain, or other watercourse approved by the County Official or other appropriate governmental agency. (Added by Ord. No. 9547 (N.S.), effective 5-9-03)

(a) The permittee and the owner shall make adequate provisions to prevent any surface waters from damaging the face of any excavation or fill. All slopes shall be protected from surface water runoff from above by berms, swales or brow ditches unless the County Official determines such berms, swales or brow ditches are unnecessary to provide such protection and waives this requirement.

(b) Where grading operations are to be conducted for any time during the period from November 11 through April 30, the County Official may require the incorporation of additional erosion control measures, including but not limited to the application of geotextile fabrics, erosion control blankets, particularly if slope plantings required by Section 87.418 have not become established.

(c) If any part of grading work on any site is ceased for any reason for a period in excess of 10 calendar days or prior to the onset of precipitation (50% chance of ½ inch or more of rain), the County Official requires that additional stormwater measures be implemented to disturbed soil areas, as required by Section 67.811, in order to prevent damage such as erosion or sedimentation to the site, slopes, adjoining properties, public rights of way or watercourses. (d) The active disturbed soil area of a project site shall be no more than 50 acres for an individual grading permit/improvement plan or combination of grading permits under associated Tentative or Final Map (i.e. TM XXXX1 through 3), unless otherwise approved by the County Official. 125% of the required Stormwater BMP materials shall be maintained on site to protect the disturbed soil area.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9926 (N.S.), effective 4-11-08)

All areas designed for buildings shall be graded to provide at least one percent grade toward the approved disposal area unless waived by the County Official where the terrain is so flat as to make such grade unnecessary or impractical.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03)

(a) All berms, swales and brow ditches shall be designed and constructed, and when required, shall be paved or otherwise improved to the satisfaction of the County Official.

(b) Except as otherwise provided in Section 87.402, all swales and ditches shall have a minimum grade of two percent, a minimum depth of one foot and shall be paved for a width of at least three feet with a minimum thickness of three inches of portland cement concrete or two inches of pneumatically applied concrete mortar or shall be improved with other material or by other treatment approved by the County Official as equal. The paving of such swales or ditches may be waived by the County Official after receipt of a report by a soil engineer certifying that in the engineer's opinion the paving is unnecessary.

(c) If the drainage discharges onto natural ground, the County Official shall require that such natural ground be protected from erosion.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03)

(a) General. The face of all cut and fill slopes, in excess of 3 feet in vertical height, but only final slopes of any borrow pit, shall be planted and maintained with a ground cover or other planting to protect the slopes against erosion and instability. Planting shall commence as soon as slopes are completed on any portion of the site and shall be established upon all slopes prior to the final approval of the grading. In order to minimize the period during which a cut or filled surface remains exposed, such planting shall provide for rapid short term coverage of the slope as well as long term permanent coverage. Planting materials and procedures shall conform to regulations adopted by the County Official. Other plant materials as specified by a landscape architect may be approved by the County Official. The permittee shall maintain such planting until it is well established as determined by the County Official, and at least until coverage of 70%, as compared to the native background plants, is achieved.

(b) Minimum Requirements. In addition to planting with ground cover, slopes in excess of fifteen feet in vertical height shall be planted with shrubs having a one gallon minimum size or trees having a five gallon minimum size. The maximum spacing for shrubs and trees shall be ten feet on center each way. The planting pattern, but not the minimum quantity, may be varied upon the recommendation of landscape architect and approval by the County Official. (Added by Ord. No. 9547 (N.S.), effective 5-9-03)

(a) General. Except for agricultural grading permits and borrow pits, all slopes to be constructed shall be provided with an irrigation system which shall be used to promote the growth of the slope plantings to protect the slopes against erosion. Slopes for borrow pits shall be planted in accordance with the requirements of the applicable use permit and reclamation plan under Chapter 7 of this Division. The owner shall be responsible for installation and maintenance of the irrigation.

(b) Minimum Requirements.

(1) Plans for the irrigation system shall be in accordance with County of San Diego Standard Specifications for Sprinkler Irrigation Systems and shall be approved by the County Official prior to installation.

(2) The irrigation system shall be located relative to existing and proposed property lines to insure that the irrigation system and the slopes sprinkled thereby will both be within the same property boundaries. The irrigation system shall be supplied or be readily converted so as to be supplied through the metered water service line serving each individual property.

(3) The irrigation system shall provide uniform coverage for the slope area at a precipitation rate not exceeding the intake rate of the soil. A functional test of the irrigation systems shall be performed to the satisfaction of the County Official prior to final approval of the rough grading.

• (4) Check valves shall be installed in the irrigation system to prevent erosion from low sprinkler heads.

• (5) Adequate back flow protection devices shall be installed in each irrigation system. Such devices shall be protected against physical damage during construction operations.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03)

The County Official may modify or waive the requirements for planting and/or irrigation systems if he or she finds that said requirements would be unreasonable or unnecessary for any of the following reasons:

• (a) the area is subject to periodic inundation,

• (b) water is unavailable to the area such that irrigation would be impractical or impossible,

• (c) the area is naturally devoid of vegetation, or

(d) the area consists of cut slopes which are not subject to erosion due to their rocky character or slopes which are protected with pneumatically applied concrete mortar or are otherwise treated to protect against erosion and instability to the County Official's satisfaction.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03)

(a) All grading, except grading for a borrow pit, in excess of 5,000 cubic yards shall be performed under the general supervision and coordination of a civil engineer hired by the applicant, who shall assume and perform the duties specified in Section 87.422 throughout grading operations until completion and approval of all work pursuant to Section 87.428. Such grading shall be designated "supervised grading", and such an engineer shall be known as the "Permit Compliance Engineer."

• (b) Grading not supervised in accordance with this section shall be designated "regular grading."

(c) For grading of 5,000 cubic yards or less, the permittee may elect to have the grading performed as either supervised grading or regular grading.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03)

The following requirements are applicable to regular and supervised grading:

(a) The County Official shall cause the work to be inspected to the extent he or she deems necessary and may require inspection of excavations and fills and compaction control by a soils engineer. Rough and final grading inspection approvals sought for lots within major subdivisions shall be issued subject to any limitations imposed by section 81.404. At a minimum, the following inspections shall be required:

(1) Initial Site Inspection: A site inspection shall be performed prior to grading permit issuance.

(2) Rough Grading Inspection: Upon completion of rough grading and prior to issuance of a building permit, an inspection of the rough grading, and in particular the drainage and erosion control measures, shall be performed. All required landscaping shall be planted and irrigation systems installed prior to the rough grading inspection. The permittee shall complete and submit to the County Official a compaction report prior to or at the time of this inspection. The County Official shall approve the rough grading if he or she determines, based upon the inspection and

the compaction report, that the rough grading complies with the requirements of the grading permit, section 81.404 in the case of grading completed for a major subdivision, and this Division.

(3) Final Grading Inspection: Upon completion of all grading, and prior to occupancy of any building or structure, a final grading inspection shall be performed. The County Official shall review the reports submitted pursuant to paragraph (c) below and shall determine that planting is established and that all irrigation systems are operational. The County Official shall approve the final grading if it conforms to all requirements of the grading permit, section 81.404 in the case of grading completed for a major subdivision, and this Division.

(b) The County Official may require sufficient inspection by the soil engineer to assure that the soil engineer has adequately considered all geological conditions. These inspections may be required to include, but need not be limited to inspection of cut slopes, canyons during clearing operations for ground water and earth material conditions, benches prior to placement of fill, and possible spring locations. Where geologic conditions warrant, the County Official may require periodic geologic reports.

(c) Reports of a soil engineer certifying the compaction or acceptability of all fills shall be filed with the County Official. The reports shall include but need not be limited to:

(1) inspection of cleared areas and benches prepared to receive fill and removal of all soil and unsuitable materials;

• (2) the placement and compaction of fill materials;

• (3) the bearing capacity of the fill to support structures;

• (4) the inspection or review of the construction of retaining walls, subdrains, drainage facilities and devices, storm water protection devices, buttress fills, and other similar measures;

• (5) excavation for and back filling of retaining walls; and

• (6) where potentially expansive soils are present at either cut or fill grade, written recommendations regarding treatment given or to be given to such soils.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 10179 (N.S.), effective 11-11-11)

The following requirements shall apply to "supervised grading" as referenced in Section 87.420:

(a) Requirements Applicable to the Permit Compliance Engineer. It shall be the responsibility of the Permit Compliance Engineer to oversee and coordinate all field surveys, setting of grade stakes in conformance with the plans, and site inspection during grading operations to assure that the site is graded in accordance with the permit, this Division and the San Diego County Watershed Protection and Stormwater Management Ordinance (Division 7 of Title 6 of this Code). This responsibility shall not include the superintendency of the contractor's equipment or personnel. The Permit Compliance Engineer shall file reports with the County Official, as follows:

• (1) Said reports shall be filed at the following intervals:

• (aa) weekly, during all times when grading of 200 cubic yards or more per week is active on the site;

• (bb) monthly, at all other times; and

• (cc) at any time when requested in writing by the County Official.

• (2) Such reports shall certify to the County Official that the Permit Compliance Engineer has inspected the

grading and related activities and has found them to substantially comply with the approved grading plans, the grading permit including any conditions thereof, this Division, and other applicable County ordinances, except with regards to any areas of noncompliance which the engineer shall specify in detail. The reports shall contain all matters required in a standard Report of Grading Activities form which the County Official shall publish.

(b) Other Requirements. Soils reports shall be required and geology reports may also be required as specified in Sections 87.421(b) and (c). In addition to the copies filed with the County Official, copies of such reports shall be sent

by the permittee to the Permit Compliance Engineer. The soil engineer shall make such tests and inspections as necessary to assure that the recommendations given in the soils report and incorporated in the grading plan or specifications or the permit have been followed.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9634 (N.S.), effective 4-23-04)

If in the course of fulfilling his responsibility under this Division, the Permit Compliance Engineer or the soil engineer finds that the work is not being done in conformance with this Division or the plans approved by the County Official, or in accordance with accepted practices, he or she shall immediately notify the permittee, the person in charge of the grading work and the County Official in writing of the nonconformity and of the corrective measures which should be taken.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03)

(a) If at any stage of the work the County Official determines that further grading as authorized is likely to endanger any public or private property or result in the deposition of debris on any public way or interfere with any existing drainage course, the County Official may require as a condition to allowing the work to be continued, that such reasonable safety precautions (including forensic testing or other measures) be taken as he or she considers advisable to avoid such likelihood of danger.

(b) In the event the work does not conform to the permit or the plans or specifications or any instructions of the County Official, notice to comply shall be given to the permittee in writing. After a notice to comply is given, a period of 10 days shall be allowed for the permittee or his contractor to begin to make the corrections, unless an imminent hazard exists, in which case the County Official may require that the corrective work begin immediately.

(c) If the County Official finds any existing conditions not as stated in the application, grading permit or approved plans, he or she may refuse to approve further work until approval is obtained for a revised grading plan which will conform to the existing conditions.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03)

Not later than 60 days following completion of grading pursuant to Sections 87.207 or 87.208, the following reports shall be filed with the County Official unless waived by him or her:

(a) A certification by a civil engineer that all grading, lot drainage, and drainage facilities have been completed in conformance with the approved plans and specifications, the permit and this Division. In making such certification, the civil engineer does not assume responsibility for the correctness of the contents of the reports referred to in paragraphs (c) and (d) of this section;

(b) An "as-built" or record plan of the completed work prepared by a civil engineer;

(c) A soil engineer's report, which shall include certification of soil bearing capacity (except where the County Official determines such certification inapplicable), summaries of field and laboratory tests and location of tests if not previously submitted, and the limits of compacted fill on a record plan. The report shall include reference to the presence of any expansive soils or other soil problems which, if not corrected, would lead to structural defects in buildings constructed on the site. If the report discloses the presence of such expansive soils or such other soil

problems, it shall include recommended corrective action which is likely to prevent structural damage to each building proposed to be constructed upon the site; and

(d) A final engineering geology report by an engineering geologist, based on the as-built plan, including specific approval of the grading as affected by geological factors. Where required by the County Official, the report shall include a revised geologic map and cross sections and recommendations regarding building restrictions or foundation setbacks.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9634 (N.S.), effective 4-23-04)

The permittee shall notify the County Official when the grading operation is ready for final inspection. Final approval shall not be given until all work including installation of all drainage structures and facilities, sprinkler irrigation systems, and all protective devices have been completed and any required planting established and all asbuilt plans and reports have been submitted. The County Official may certify in writing to the completion of all work, or any portion of the work, required by the permit issued in accordance with this Division and thereupon accept said work or portion thereof.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03)

The procedure which shall be used for testing the expansion of soils shall be that specified in the American Society for Testing Materials "Test Method For Expansion Index of Soils" D4829-25. (Added by Ord. No. 9547 (N.S.), effective 5-9-03)

All clearing and grading shall be carried out with dust control measures adequate to prevent creation of a nuisance to persons or public or private property. Clearing, grading or improvement plans shall require that measures such as the following be undertaken to achieve this result: watering, application of surfactants, shrouding, control of vehicle speeds, paving of access areas, or other operational or technological measures to reduce dispersion of dust. (Added by Ord. No. 9547 (N.S.), effective 5-9-03)

If, in the process of grading operations, human remains or Native American artifacts are encountered, grading operations shall be suspended in that area and the operator shall immediately inform the County Official, and the requirements of Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.99 shall be complied with.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03)

The County Official may require that a qualified paleontologist be present during all or selected grading operations, to monitor for the presence of paleontological resources. If fossils greater than twelve inches in any dimension are encountered, then all grading operations in the area where they were found shall be suspended immediately and not

resumed until authorized by the County Official. The permittee shall immediately notify the County Official of the discovery. The County Official shall investigate and determine the appropriate resource recovery operations, which the permittee shall carry out prior to the County Official's authorization to resume normal grading operations. (Added by Ord. No. 9547 (N.S.), effective 5-9-03)