San Mateo Municipal Code Ch. 23.40 Site Development Code

(a) Title. This chapter shall be known, and may be cited and referred to, as the "San Mateo City Site Development Code."

(b) Authority. This chapter is adopted pursuant to Section II of Article XI of the Constitution, the General Laws of the State and the Charter of the City. This chapter is enacted to implement applicable elements of the San Mateo General Plan as may hereafter be adopted. The provisions of this chapter shall apply to all site development on private property within the City as delineated in Section 23.40.030 and may also be used for review of public projects that require a planning application and public review.

(c) Purpose. This chapter is adopted to promote public health and safety and general public welfare, and specifically to:

(1) Protect public and private lands from erosion, earth movement, flooding, and ensure the maximum preservation of the natural scenic character of the City by establishing minimum standards and requirements relating to land grading, excavations and fills, and removal of major vegetation by establishing procedures by which these standards and requirements may be enforced;

(2) Ensure that the development of each site relates to adjacent lands so as to maximize visually pleasant relationships and minimize physical problems which could result in increased development or maintenance costs.

(3) Regulate development on or near steep slopes in order to protect the public health, safety and welfare and preserve the natural setting of the hillsides. Minimize the risk of personal injury, damage to property, and impact on water quality from potential landslides, erosion, earth creep, stormwater runoff, and other hazards associated with hillside areas of the City. Preserve existing topographical forms, open spaces, habitat areas and visual resources from encroachment by new hillside development.

(d) Interpretation.

(1) In their interpretation and application, provisions of this chapter shall be held to be minimum requirements, except where they are expressly stated to be maximum requirements. It is not intended to impair, or interfere with any private restrictions placed upon property by covenant or deed; provided, however, that where this chapter imposes higher standards or a greater restriction upon the development of land than are imposed or required by such private restrictions, the provisions of this chapter shall control.

(2) Whenever any provision of this chapter and any other provisions of law, whether set forth in this chapter or in any other law, ordinance or resolution of any kind, impose overlapping or contradictory regulations over the development of land, or contain any restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards or requirements shall govern.

(3) Whenever this chapter grants authority to the City Engineer, Building Official or Director of Parks and Recreation, that official may delegate such authority to a designee.

(e) City Nonliability. Failure of the City officials to observe or recognize hazardous or scarring conditions which may adversely affect the economic value of other property in the vicinity, or to recommend denial of a site development planning application or of a site development permit, shall not relieve the permittee for responsibility for the condition or damages resulting therefrom, and shall not result in the City, its officers or agents, being responsible for the conditions or damages resulting therefrom.

For the purposes of this chapter, certain terms used herein are defined as set forth below:"Best Management Practice (BMP)" means a technique or series of techniques which, when utilized in a designated manner, is proven to be effective in controlling construction-related runoff, erosion, and sedimentation;"Certify" or "Certification" means the specific inspections and tests where required have been performed, and that such tests comply with the applicable requirements of State and Federal law and of this chapter;"Cubic Yards" means the amount of material in excavation and/or fill measured by the method of "average end areas";"Erosion" means the action or process of wearing away of earth or soil by the action of water."Excavation" means any act by which organic matter, earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed, and includes the conditions resulting therefrom;"Existing Grade" means the vertical location of the existing ground surface prior to excavation or filling;"Filling" means any act by which earth, sand, gravel, rock or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported or moved by man to a new location and shall include the conditions resulting therefrom;"Final Erosion and Sediment Control Plan" means a set of measures designed to control surface runoff and erosion and to retain sediment on a particular site after all other planned final structures and permanent improvements have been erected or installed;"Grading" means excavation of fill or any combination thereof and includes the conditions resulting from any excavation or fill;"Intensify" means the addition of one or more dwelling units in a residential district; or the physical extension of a structure or the expansion of a parking area in any commercial, executive, or industrial district;"Interim Erosion and Sediment Control Plan" means a set of measures designed to control surface runoff and erosion and to retain sediment on a particular site during the period in which pre-construction and construction-related grading occurs;"Landscape Architect" means a person who is licensed by the State of California to practice landscape architecture;"Major Vegetation" means live vegetation, consisting of tree growth with a trunk diameter of six inches or greater (circumference of eighteen and none-tenths inches) measured at forty-eight (48) inches above natural grade;"Manual of Standards (Manual)" means a compilation of technical application standards and design specifications adopted by the City Engineer as being proven methods of controlling construction-related runoff, erosion, and sedimentation;"Natural Slope" means the predominant slope or slopes of land in its natural condition disregarding minor surface humps or hollows;"Natural Terrain" means the natural contour of a site before man-made development, or as the same exists prior to the undertaking of any new improvement;"Parcel" means an area of land which has been legally subdivided;"Permittee" means any person to whom a site development permit is issued'"Removal" means cutting major vegetation to the ground, complete extraction, or filling by spraying, girdling, root cutting, etc.;"Sediment" means material deposited by water."Site" means a lot or parcel of land, or a contiguous combination thereof, where grading is performed as a single unified operation;"Site Development" means grading and/or removing major vegetation;"Site Development Planning Application" means an application through the Planning Division for approval of a project requiring a site development permit;"Site Development Permit" means a permit issued through the Public Works Department to proceed with site development."Slope" shall be defined as an inclined ground surface, expressed as a fraction of vertical over horizontal distance (rise over run) across any portion of a parcel. The term "gradient" shall be synonymous with the term "percent slope". For purposes of this chapter, slope shall be measured across the predominant slope or slopes of land disregarding minor surface humps or hollows;"Slope Height" means the vertical dimension between the high (top) and low (toe) points of a slope. The top and the toe of the slope shall be the points at which the slope intersects flat planes. A flat plane shall be considered any surface with a gradient of five (5%) percent or less. The overall height of separated slopes shall be added in calculating slope height unless the slopes are separated by a flat area at least forty (40) feet wide. The height of existing engineered retaining walls shall not be included in the calculation of slope height;"Soils Engineer" means a registered engineer recognized by the State Board of Registration for Professional Engineers and Land Surveyors as authorized and competent to do the work required;"Vacant" means land on which there are no structures or only structures which are secondary to the use or maintenance of the land itself.

prior code § 154.07

(a) Approval Authority. No person shall commence or perform any site development or slope construction, as detailed in (b) and (c) below, without first obtaining approval of a site development planning application followed by application for, and issuance of, a site development permit, which allows construction to proceed. the purpose of the planning application is to define the basic parameters of the proposed work, determine of viability of the site development project, and allow for public review. The purpose of the site development permit is to insure that the final construction documents comply with all code requirements and conditions of approval of the planning application.

(b) General Site Work. Site development occurring within any of the following provisions shall require a site development planning application and a site development permit unless such work is exempted by "d" below:

(1) Grading will exceed an area of 5,000 square feet and 5,000 cubic feet (185 cubic yards);

(2) Grading will exceed a volume of 550 cubic yards;

(3) Grading, regardless of quantity, where, in the opinion of the Building Official and/or City Engineer, special physical conditions of the site or protection of the public safety requires application of this chapter.

(4) Major vegetation is to be removed from any vacant parcel of land or from a parcel of land in conjunction with redevelopment or intensifying the use of the parcel or in preparation of such activity.

(c) Slope Work. Site development located on a slope of 15 percent or greater or within the slope setbacks as defined in the following table, shall require a site development planning application and a site development permit unless such work is exempted by "d" below;

(d) Exceptions. Site development meeting one of the following criteria is exempt from the requirement for a site development planning application and a site development permit.

(1) Excavation below finished grade for tanks, vaults, sewer facilities, tunnels, equipment basements, swimming pools, cellars or footings for building or structures authorized by a valid building permit;

(2) Excavations by public utility companies or the City in public utility easements, streets, rights-of-way, or on property owned in fee by the public utility companies, for the purpose of maintaining existing utilities or installing new facilities either above or below ground;

(3) Excavations for installation of fence posts or planting of trees;

(4) Interment operations of a cemetery, but not including grading for cemetery development;

(5) Excavation on slopes 10 feet, or less, in height;

(6) Excavation for pier or caisson footings for a nonhabitable structure such as a deck, gazebo, shed or similar structure, provided the slope is no greater than 25 percent;

(7) Excavations for storm drain facilities on properties in single family use and on other properties where the ground surface is brought back to its original level and the existing drainage pattern is maintained;

(8) Projects consisting of soil excavation for examination or contaminant remediation where soil is removed for testing or treatment and replaced with non-contaminated soil to the original surface condition and level; and

(9) Single family additions and accessory structures meeting one of the conditions set forth below:

(A) Single family additions and accessory structures located within slope setbacks or on slopes greater than 15 percent (unless governed by (B) below) provided:

(i) A geotechnical report containing applicable foundation, grading and drainage recommendations may be required at the discretion of the City Engineer or Building Official. Factors to be considered in determining whether a geotechnical report is required include, but are not limited to, slope gradient, potential affect upon adjacent properties, construction method and subsurface geology;

(B) Single family additions and accessory structures of more than 500 square feet located within slope setbacks or on slopes greater than twenty-five percent (25%), when supported by a geotechnical report containing applicable foundation, grading and drainage recommendations;

(C) Single family additions and accessory structures 5 feet or more from the top of creek banks, except where the "San Mateo Creek setback" (as defined in City of San Mateo Downtown Specific Plan Urban Design Policy UD-24 San Mateo Creek Flood Protection) applies.

This Section contains the provisions for the 2 phases of the site development approval and permitting process. Phase I consists of the site development planning application, which is processed through the Planning Division. Phase II provides for obtaining the site development permit from the Public Works Department following approval of the site development planning application.

(a) Phase I—Site Development Planning Application. Each application for site development through the Planning Division shall be made by the owner of record or his or her authorized agent, submitted on forms furnished for that purpose, and accompanied by the required project submittals, fees and deposits.

(1) Review and Approval Authority. Each site development planning application shall be processed in accordance with Chapter 27.08 (Rules of Procedure) contained in Title 27 (Zoning) of the Municipal Code. Such processing includes project review, noticing, hearing, approval and appeal of decisions. Decision authority for approval, approval with conditions, or denial of site development projects is set forth in the following table:

(2) Basic Submittals. Each site development planning application shall be accompanied by a plot plan signed by a civil engineer, showing the following, however, at the time of application, the City Engineer may modify these requirements based upon special site conditions or unique circumstances that clearly indicate that the required submittal is unnecessary. During the review process, the City may require additional information necessary to make a final determination.

(A) Location of existing and proposed buildings or structures on the property;

(B) Location of all existing and proposed streets, roadways, driveways, easements, public utilities and rights-of-way;

(C) Details of any proposed culverts, drainage structures, collection system, cribbing, terraces, and/or surface protection, not including vegetative cover, required for drainage and erosion control of the property, or adjoining property;

(D) Delineation and brief description of the surface runoff and erosion control measures to be implemented, including any applicable construction phase BMPs;

(E) The present contours of the site in dashed lines and the proposed contours in solid lines. Contour intervals shall be not more than two (2) feet where slopes are predominantly five (5%) percent or less, and not more than five (5) feet where slopes are predominantly steeper than five (5%) percent. Ninety (90%) percent of all contours shall be accurate within one-half contour interval of correct position. The source of topographical information shall be indicated;

(F) The location of all drainage to, from, and across the site including the location of any intermittent and permanent springs or other potential locations of water quality impact;

(G) The location of all major vegetation and heritage trees as defined by Section 23.40.070 and Section 10.52.020, respectively, together with an indication of those which must be removed;

(H) Geotechnical study prepared by a soils engineer which shall include at a minimum, historical data (such as from original subdivision records) and conclusions/recommendations based upon an adequate number of soil borings driver to adequate depth, for foundation footings, retaining walls, provisions for differential settlement, and for grading procedures and designs for interim and final soil stabilization devices and measures.

(3) Supplemental Submittals. The following information may be required for any site development planning application, or as a condition of approval of said application, if the City Engineer, after preliminary review of the application, finds any or all necessary to accomplish the purpose of this chapter.

(A) A statement of the estimated quantity of material proposed to be excavated and/or the amount of fill in cubic yards;

(B) Grading specifications prepared by a soils engineer;

(C) Roadway and/or driveway geometry including profiles and cross-Sections;

(D) Drainage calculations, including at a minimum, existing and post-project run-off quantities, capacity of existing downstream drainage systems, and impact of the project on those systems;

(E) Interim Erosion and Sediment Control Plan (Interim Plan). All of the following information shall be provided with respect to conditions existing on the site during grading activities or soil storage:

(i) Maximum surface runoff from the site shall be calculated using the method approved by the City Engineer and maintained in the Manual, or any other method proven to the City Engineer to be as or more accurate;

(ii) Sediment yield shall be calculated suing the method approved by the City Engineer and maintained in the Manual, or any other method proven to the City Engineer to be as or more accurate;

(iii) A delineation and brief description of the measures to be undertaken to retain sediment on the site, including, but not limited to, the designs and specifications for berms and sediment detention basins, and a schedule for their maintenance and upkeep;

(iv) A delineation and brief description of the surface runoff and erosion control measures to be implemented, including, but not limited to, types and method of applying mulches, and designs and specifications for diverters, dikes and drains, and a schedule for their maintenance and upkeep;

(v) A delineation and brief description of the vegetative measures to be taken, including, but not limited to, seeding methods, the type, location, and extent of pre-existing and undisturbed vegetation types, and a schedule for their maintenance and upkeep;

(vi) The location of all the measures listed by the permittee under Subsections (iii), (iv) and (v) above, shall be depicted on the site map and/or grading plan;

(vii) A contingency plan to be implemented in the case of failure of control measures or in the case of intense or prolonged rainfall;

(F) Final Erosion and Sediment Control Plan (Final Plan). The Final Plan shall provide all of the information listed in E, above, with respect to conditions existing on the site after final structures and improvements (except for those required under this Section) have been completed and where these final structures have not been covered by an Interim Plan.

(G) A master work schedule showing the following information:

(i) Statement of the estimated starting and completion dates for the grading work proposed and any landscape work that may be required;

(ii) Proposed schedule for installation of all interim erosion and sediment control measures including, but not limited to, the stage of completion of erosion and sediment control devices and vegetative measures;

(iii) Schedule for construction, if any;

(iv) Schedule for installation of permanent erosion and sediment control devices where required;

(H) Plans and specifications showing functional planting for the protection of the public safety and, if appropriate, information relating to landscaping of adjacent or surrounding areas affected by the proposed development. Such plans and specifications shall be prepared and signed by a landscape architect. These plans shall show:

(i) Distribution of plant material; location, quantity and key number of each species of plant in each group; outline of all lawn areas, areas to be seeded, sodded or sprigged; existing trees, if any, to be preserved, transplanted or removed; kind, size, and work involved as related to slope control and/or physical environment;

(ii) List of plant material giving standard botanical plant names and key number for each variety for reference to plan, and in addition, the size, quality or other pertinent description common to the trade;

(iii) A specification describing the methods for planting the areas to be landscaped with special emphasis on: (a) soil preparation, fertilization, plant material and methods of planting, and (b) initial maintenance of the plant material and slopes until a specified percentage of plant coverage is established uniformly on the cut and fill slopes;

(iv) A statement by landscape architect regarding: (a) The length of time after planting, with the specified maintenance normally required to produce the specified percentage of plant coverage on the slopes in the slope control areas, and (b) the additional length of time, without any special maintenance, normally required to produce a coverage of permanent planting which will control erosion;

(v) Details of all items and features pertaining to site preservation and improvements such as retaining walls, and tree wells, and details not shown on other plans accompanying the application;

(vi) Such other and further details as may be specified and required by the City Engineer to carry out the purposes of this chapter.

(I) The name, address, and phone numbers of all persons, if any, who will receive excavated material in excess of five hundred cubic yards;

(J) If fill material is to be obtained from elsewhere other than the site, a statement as to the source and type thereof if such information is known at the time of application. If not known at such time, such information shall be submitted when known and, in any event, not later than commencement of hauling operations of the imported fill material;

(K) The route or routes proposed to be followed in San Mateo, excavation or fill material, as required by the schedule of truck routes on file in the office of the City Clerk;

(L) Such further applicable information as the City Engineer may required in order to carry out the purposes of this chapter.

(4) Findings for Approval. Prior to recommending approval of a site development planning application, the approval body shall find that all concerns regarding surface grading, structure foundations, drainage, subsurface conditions, erosion, landscaping and tree removal have been addressed. The approval body shall consider the following factors, where applicable, in making the above finding:

(A) Saturation of fill and unsupported cuts by water, both natural and domestic;

(B) Runoff of surface waters that produce erosion, and silting of drainage ways;

(C) Subsurface conditions such as the rock strata and faults;

(D) Nature and type of soil or rock that when disturbed by the proposed grading may create earth movements;

(E) Effect upon the potential for optimum subdivision design;

(F) Effect upon the visual relationships with other development in the vicinity of the site;

(G) Appropriateness of the proposed site development for the character of a planned community or planned unit development proposal;

(H) Capability of proposed slopes to be landscaped;

(I) Whether the natural landscape and major vegetation is unnecessarily scarred through the proposed grading or removal of vegetation;

(J) The report from the Director of Parks and Recreation with respect to heritage trees pursuant to Section 10.52.040;

(K) Any other considerations arising from any environmental impact report which will eliminate or mitigate environmental damage.

(5) Exceptions. The approval body may authorize exceptions to any of the requirements and regulations set forth in this chapter. Application for any exception shall be made by stating fully the grounds of the application and the facts relied upon. Such application shall be filed with the site development planning application. In order for the land referred to in the application to come within the provisions of this Section, it is necessary that the approval body make all of the following findings:

(A) The land is of such shape or size, or is affected by such physical conditions, or is subject to such title limitations of record that it is impossible or impractical for applicant to comply with all of the regulations of this chapter.

(B) The exception is necessary for the preservation and enjoyment of a substantial property right of the applicant;

(C) The granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity of the subject property.

(6) Planning Application Expiration. Every site development planning application shall expire as provided in San Mateo Municipal Code Section 27.08.060—Approval Expiration (Zoning Code).

(b) Phase II—Site Development Permit. Subsequent to approval of a site development planning application but prior to site development, the applicant shall obtain a site development permit from the Public Works Department. Application for a site development permit shall be made by the owner of record or his or her authorized agent, and shall be accompanied by the required fees, deposits, and project submittals specified in any conditions of approval for the planning application or required by this chapter.

(1) Permit Issuance. Following approval of a site development planning application, a site development permit may be issued if:

(A) The planning application has not expired and all conditions of approval of the planning application have been met; and

(B) Such permit is accompanied by, or combined with, a valid building permit issued by the City; or

(C) The proposed grading is coordinated with any overall grading plans previously approved by the City, under the subdivision regulations or other Sections of This Code, for the area in which the site is situated.

(2) Approved Plans. The approved site development permit, including plans for grading work and/or major vegetation removal, shall be maintained at the site during the progress of the grading. In order to obtain the inspections required by this chapter in accordance with the following schedule, the permittee shall notify the City Engineer and where applicable, the Director of Parks and Recreation at least two full working days before said inspection is to be made.

(3) Inspections. The City Engineer, and where applicable, the Director of Parks and Recreation or the Building Official, shall make the following required inspections, as applicable, and shall either approve that portion of the work completed or shall notify the permittee, as provided in (4), below, wherein the same fails to comply with this chapter or the terms of the permit granted. Where it is found by inspection that conditions are not substantially as stated or shown in the application for a site development permit, the City Engineer may stop further work until approval is obtained for a revised site development permit, conforming to the existing conditions.

(A) Initial Inspection. Before commencement of grading operations, and after required construction stakes have been set;

(B) Erosion Control. When all interim erosion control devices have been installed and planting requirements have been completed;

(C) Rough Grading. When all rough grading has been completed;

(D) Final Inspection. When all work, including, but not limited to, final grading, installation of all drainage devices, and final erosion control measures, has been completed;

(4) Inspector. All inspections performed under site development permits specified in this chapter shall be performed by a representative of the issuing department, and all orders issued to the permittee shall be issued through said representative.

(5) Inspection by Building Official. Structures requiring building permits shall be inspected by the Building Official in accordance with procedures established by this Code, provided, however, no building permit for such structures shall be issued until a site development permit for the building site has been issued or it has been determined that a site development permit is not required by this chapter.

(6) Site Development Permit Sign-Off. If, upon final inspection, it is found that the work authorized by the site development permit has been completed in accordance with the requirements of the permit and this chapter, the City Engineer shall indicate that such work, has to the best of his or her knowledge, been satisfactorily performed.

(7) Permit Revocation.

(A) Violations. No person shall construct, enlarge, alter, repair or maintain any grading, or cause the same to be done, contrary to or in violation of any provisions of this chapter. The City Engineer, the Chief of Planning, Building Official, and/or the Director of Parks and Recreation are empowered to investigate and make reports to the Planning Commission on any violations of this chapter. The Planning Commission, if it determines from the evidence presented that a violation exists, may recommend to the City Council that action be taken to seek compliance with this chapter.

(B) Authority. In the event any person holding a site development permit pursuant to this chapter violates the terms of the permit, or conducts, carries on or permits to be conducted or carried on said site development in such a manner as materially or adversely to affect the health, welfare, or safety of persons residing or working in the neighborhood of the property of the permittee, or conducts or carries on or permits to be conducted or carried on said site development so that it is materially detrimental to the public welfare, or injurious to property, or improvements in the neighborhood, the City Engineer may order a temporary suspension, effective immediately upon notification, and the permittee shall show cause before the Planning Commission that the permit should not be permanently revoked.

(C) Procedure for Revoking Site Development Permit. No site development permit shall be permanently revoked or suspended until a hearing is held by the Planning Commission. Written notice of such hearing shall be served upon the permittee, either personally or by certified mail. Such notice shall be given the permittee at least five days prior to the date set for the hearing and shall state:

(i) The grounds for complain or reasons for the revocation or suspension, in clear and concise language;

(ii) The time when, and the place where, such hearing is to be held.(D) Hearing. The Planning Commission shall hold such hearing at the next regularly scheduled meeting at which all conditions of this Subsection can be met. At any such hearing, the permittee shall be given an opportunity to be heard, and he or she may call witnesses and present evidence on his or her behalf. Upon conclusion of such hearing the Planning Commission shall determine whether or not the permit shall be suspended, revoked or modified.

(8) Fees.

(A) Filing Fees. Filing fees and deposits for services shall be as set forth in fee schedules to be adopted from time to time by the City Council.

(B) Consultant Fees. City officers administering this chapter may engage consulting professional services to advise in the review of site development permit applications and may charge not to exceed 100 percent (100%) of the cost of such services to the applicant.

(9) Permit Expiration. Every site development permit shall expire by limitation and become null and void if the work authorized by such permit has not been commenced within one hundred eighty days, or is not completed within one year from date of issue unless the time is specified on the permit or as provided in Section 23.40.050(k)(2), except that the City Engineer may, if the permit holder presents satisfactory evidence that unusual difficulties have prevented work being started or completed within the specified time limits, grant a reasonable extension of time if written application is made before the expiration date of the permit.

(10) Prohibited Activities. The provisions of this chapter shall not be construed as permitting the removal of topsoil solely for resale, or of permitting quarrying of any nature within the limits of the City. This chapter shall also not be construed as authorizing any persons to maintain a private or public nuisance upon their property, and compliance with the provisions of this chapter shall not be a defense in any action to abate such nuisance.

prior code § 154.14

Ord. 1992-3 §§ 6 & 7, 1992

(a) Standards Generally. All grading and grading operations shall comply with the requirements set forth in this Section in addition to other requirements of this Code.

(b) Hours of Operation. All grading operations shall be restricted to weekdays between the hours of seven a.m. and seven p.m., unless the City Engineer finds evidence that an emergency exists which would imperil or inconvenience the public, in which case he or she may permit the work to proceed during such other hours as may be necessary.

(c) Slopes.

(1) Vacant Parcels. In evaluating the reasonableness of construction, the reviewing authority may consider, in addition to other factors set forth in this chapter, the amount of cut and fill, steepness of driveway, removal of major vegetation, height, bulk and visibility of proposed structures, preservation of natural topographic landforms, and compatibility with the pattern and scale of development within the surrounding neighborhood.

(2) Subdivisions. Subdivisions of sloped properties are limited by San Mateo Municipal Code Chapter 26.20—Lots (Subdivision Code).

(3) Limits of Hillside Grading. In R1 and R2 zones, grading on slopes of 25 percent or more shall be limited to site access (driveway) and to building foundations. In all other zoning districts, grading on slopes of 25 percent or more shall be limited to site access only. In all cases, grading shall be designed to limit alteration of the visual character and topography of the hillside while permitting creation of a reasonable building site.

(4) Finished Cuts of Slopes. The exposed or finished cuts or slopes of any fill or excavation shall be smoothly graded and blended with existing contours by rounding off cut or fill edges and shall be screened with vegetation, and no such fill, slope, cut or inclined graded surface shall exceed a vertical height of thirty feet unless intercepting drains or terraces are provided. Such drains or terraces shall be permanently lined or protected with materials approved by the City Engineer and accumulating surface waters shall be conducted to an approved point of discharge. Any such terrace or intercepting drain shall be designed to prevent overflow which may cause erosion. All exposed slopes of any cut or fill subject to erosion shall be protected by approved planting, crib walls, walls and planting, terracing, or a combination thereof. The use of visible retaining walls shall be minimized, and where visible, shall be screened with vegetation. Graded surfaces exceeding an area of five thousand square feet shall be treated as provided in Section 23.40.050(j). The City Engineer may require that corrective measures be taken if he or she finds the material being cut or used for fill is unusually subject to erosion, or if other conditions affect the stability of the slopes.

(5) Seasonal Grading. All grading shall be limited to the dry season (April 15 through October 15) unless the City Engineer determines adequate erosion control is provided. For commencement of grading during the wet season, the permittee shall demonstrate that grading is relatively minor and that erosion and sedimentation can be controlled. The City Engineer shall have the ability to grant or deny permission under this Section on the basis of weather forecasts, experience, and other pertinent factors.

(d) Dust and Dirt. All graded surfaces of any nature shall be wetted, or otherwise suitably contained to prevent nuisance from dust or spillage on city streets or adjacent properties. Equipment, materials and roadways on the site shall be used in a manner or treated as to prevent excessive dust conditions. Dust and dirt control activities shall not result in any material entering the storm drain system.

(e) Fill Material. All fill shall be earth, rock or other inert mineral materials free from organic material and free from metal, except that topsoil spread on cut and fill surfaces may incorporate humus for desirable moisture retention properties.

(f) Drainage. Adequate provision shall be made to prevent any surface waters from damaging the cut face of an excavation or any portion of a fill. All drainage ways and structures shall carry surface waters to the nearest street, storm drain or natural watercourse capable of receiving them without producing erosion as approved by the City Engineer as a safe place to deposit and receive such waters. Parcels shall not be graded so as to direct additional water, or to alter the existing pattern of drainage, onto adjacent properties. The City Engineer may require such drainage structures to be constructed, or installed, as are necessary to prevent erosion damage, or to prevent saturation of the fill or material behind cut slopes.

(g) Street and Driveway Grades.

(1) Maximum Grades. Maximum grades for new streets and driveways shall be as follows:

(A) Collector and Local Streets: 15%

(B) Intersections: 8%

(C) Private Roads, Driveways and Ramps that have no pedestrian access and are not emergency vehicle access easements: 18%

(2) Design. Streets and driveways shall be designed in accordance with standard engineering practices by a registered civil engineer. Design of any street or driveway shall demonstrate consideration of such factors as surrounding topography, drainage, pedestrian access, the presence of intersections, driveways, and/or bicycle lanes, vehicular volume and type, and vehicular operation. The flattest grade that reasonably fits the topography should be used and appropriate transitions (vertical curves) between changes in grade are required.

(h) Backfilling. Any pipe trench or other trenching or excavation made in any slope of an excavated or filled site shall be backfilled to the level of the surrounding grade. Such backfill shall be compacted to the original density of the excavated materials, but in no case less than ninety (90%) percent of the maximum density achieved by an AASHO soil compaction test method, selected by the City Engineer. Suitable check drains to control erosion shall be installed as directed by the City Engineer.

(i) Compaction of Fill. all fills intended to support buildings, structures, or where otherwise required to be compacted for stability of material, shall be compacted, inspected and tested in accordance with adopted specifications on file in the office of the City Engineer.

(j) Erosion Control—Landscaping. All cut and fill surfaces created by a grading process, agricultural processes excepted, shall be planted with a ground cover that is acceptable to a soils engineer and compatible with ground covers in general use in the area, and is one that will thrive with little or no maintenance once established. Topsoils are to be stockpiled during rough grading and used on cut and fill slopes to a depth sufficient to support the proposed plant materials in a manner acceptable to a soils engineer. On slopes likely to be extensively disturbed by later construction, an interim ground cover may be planted or emplaced to be supplemented by the permanent ground cover and/or shrubs and trees when the site is finally developed and landscaped. When slopes have been permitted too steep to support continuous ground cover, and in lieu thereof niches and ledges have been provided for planting, such slopes need not be planted with a continuous ground cover, but may instead be screened with vines and plantings. Cuts and fills along public roads may be required to be landscaped and graded so as to blend into the natural surroundings. All plant materials shall be satisfactory to the superintendent of parks and/or City Engineer.

(k) Special Precautions.

(1) If, at any stage of the grading, the City Engineer determines by inspection that the nature of the earth formation is such that further work as authorized by an existing permit is likely to imperil any property, public way, watercourse or drainage structure, he or she may require, as a condition to allowing the work to proceed, that such reasonable safety precautions be taken as he or she considers advisable to avoid likelihood of such peril. "Special precautions" may include, but shall not be limited to, specifying a flatter exposed slope, construction of additional drainage facilities, berms, terracing, compaction, or cribbing, installation of plant materials for erosion control, or implementation of other relevant BMPs: and reports of a registered soils engineer and/or of a registered engineering geologist whose recommendations may be made requirements for further work.

(2) Where it appears that storm damage may result because the grading is not complete, work may be stopped and the permittee required to install temporary planting or otherwise to control erosion, install temporary structures or take such other measures as may be required to protect adjoining property or the public safety. On large operations or where unusual site conditions prevail, the City Engineer may specify the time of starting grading and time of completion, or may require that the operation be conducted in specific stages so as to insure completion of protective measures or devices prior to the advent of seasonal rains.