Article 16-17

EXCAVATION AND GRADING*

Sections:

(a) The purpose of this Article is to safeguard life, limb, property and the public welfare by regulating grading on private property. This Article establishes amendments to the Building Code for the excavation and grading. In the event an amendment to the Building Code results in differences between these building standards and the Building Code, the text of these building standards shall govern. In accordance with California Health and Safety Code Section 17958.7, express findings that modifications to the Building Code are reasonably necessary because of local climatic, geological or topographical conditions are either already on file with the California Building Standards Commission, or will be filed prior to the effective date of the ordinance codified in this Article.

(Amended by Ord. No. 282, § 2.A.3, 12-15-2010)

(a) This Article sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments; establishes the

*Editor’s note— Section 2.A.3 of Ord. No. 282, adopted Dec. 15, 2010, amended Art. 16-17 in its entirety to read as herein set out. Former Art. 16-17 consisted of §§ 16-17.010—16-17.180, pertained to the same subject matter and derived from Ord. 256, 2008.

administrative procedure for issuance of permits; and provides for approval of plans and inspection of grading construction.

1. Testing.

a. ASTM D 1557, Moisture-Density Relations of Soils and Soil Aggregate Mixtures

b. ASTM D 1556, In Place Density of Soils by Sand-Cone Method

c. [ASTM] D 2167, In Place Density of Soils by the Rubber-Balloon Method

d. ASTM D 2937, In Place Density of Soils by the Drive-Cylinder Method

e. ASTM D 2922 and [ASTM] D 3017, In Place Moisture Contact and Density of Soils by Nuclear Methods

(Amended by Ord. No. 282, § 2.A.3, 12-15-2010)

(a) Permits required. Except as specified in part (b), no person shall do any grading without first having obtained a grading permit from the Building Official.

(b) Exempted work. A grading permit is not required for the following:

1. When approved by the Building Official, grading in an isolated, self-contained area if there is no danger to private or public property.

2. An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than five feet (one thousand five hundred twenty-four mm) after the completion of such structure.

3. Cemetery graves.

4. Refuse disposal sites controlled by other regulations.

5. Excavations for wells or tunnels or utilities.

6. Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property.

7. Exploratory excavations under the direction of soil engineers or engineering geologists.

8. An excavation that (1) is less than two feet (six hundred ten mm) in depth or (2) does not create a cut

(Saratoga Supp. No. 26, 8-11)

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slope greater than five feet (one thousand five hundred twenty-four mm) in height and steeper than one unit vertical in one and one-half units horizontal (66.7 percent slope).

9. A fill less than one foot (three hundred five mm) in depth and placed on natural terrain with a slope flatter than one unit vertical in five units horizontal (twenty percent slope), or less than three feet (nine hundred fourteen mm) in depth, not intended to support structures, that does not exceed fifty cubic yards (38.3 m[3] ) on any one lot and does not obstruct a drainage course.

(c) [Compliancerequired.] Exemptionfromthepermit requirements of this Chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Chapter or any other laws or ordinances of this jurisdiction. (Amended by Ord. No. 282, § 2.A.3, 12-15-2010)

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

(Amended by Ord. No. 282, § 2.A.3, 12-15-2010)

(a) For the purposes of this Article, the definitions listed hereunder shall be construed as specified in this Section.

Approval shall mean that the proposed work or completed work conforms to this Chapter in the opinion of the Building Official.

As-graded is the extent of surface conditions on completion of grading.

Bedrock is in-place solid rock.

Bench is the relatively level step excavated into earth material on which fill is to be placed.

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

Civil engineer is a professional engineer registered in the State to practice in the field of civil works.

Civil engineering is the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works.

Compaction is the densification of fill by mechanical means.

Earth material is any rock, natural soil or fill or any combination thereof.

Engineering geologist is a geologist experienced and knowledgeable in engineering geology.

Engineering geology is the application of geological knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

Erosion is the wearing away of the ground surfaced as a result of the movement of wind, water or ice.

Excavation is the mechanical removal of earth material.

Existing grade is the grade prior to grading. Fill is a deposit of earth material placed by artificial means.

Finish grade is the final grade of the site that conforms to the approved plan.

Geotechnical engineer. See "Soils engineer."

Grade is the vertical location of ground surface. Grading is any excavating or filling or combination thereof.

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

Professional excavation is the inspection required by this Code to be performed by the civil engineer, soils engineer or engineering geologist. Such inspections include that performed by persons supervised by such engineers or geologists and shall be sufficient to form an opinion relating to the conduct of the work.

Rough grade is the stage at which the grade approximately conforms to the approved plans.

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

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

Soil is naturally occurring superficial deposits overlying bedrock.

(Saratoga Supp. No. 26, 8-11)

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Soils engineer (geotechnical engineer) is an engineer experienced and knowledgeable in the practice of soils engineering (geotechnical) engineering.

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

(Amended by Ord. No. 282, § 2.A.3, 12-15-2010)

(a) Permits required. Except as exempted in Section 16-17.030 of this Code, no person shall do any grading without first obtaining a grading permit from the Building Official. A separate permit shall be obtained for each site, and may cover both excavations and fills.

1. Notwithstanding any provision of the Building Code to the contrary, a grading permit shall be required for any increase or decrease in the elevation of any portion of a lot by more than one foot, except for changes in elevation for the construction or installation of any building foundation, basement, pool or other structure for which a building permit has been issued by the City and the excavated material is removed from the site.

(b) Application. The provisions of Section 105.3 of the 2010 California Building Code are applicable to grading. Additionally, the application shall state the estimated quantities of work involved.

(c) Grading designation. All grading in excess of one thousand cubic yards shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as "engineered grading." Grading involving less than one thousand cubic yards shall be designated as "regular grading" unless the permittee, with the approval of the Building Official, chooses to have the grading performed as "engineered grading."

(d) Engineered grading requirements. Application for a grading permit shall be accompanied by two sets of plans and specifications, and supporting data consisting of a soils engineering report and engineering geology report. The plans and specifications shall be prepared and signed by an individual licensed by the State to prepare such plans or specifications when required by the Building Official.

1. Specifications shall contain information covering construction and material requirements.

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

3. The plans shall include the following information:

a. General vicinity of the proposed site.

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

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

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

e. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners that are within fifteen feet (four thousand five hundred seventy-two mm) of the property or that may be affected by the proposed grading operations.

f. Recommendationsincludedinthesoilsengineering report and the engineering geology report shall be incorporated in the grading plans or specifications. When approved by the Building Official, specific recommendations contained in the soils engineering report and the engineering geology report, which are applicable to grading, may be included by reference.

g. The dates of the soils engineering and engineering geology reports together with the names, addresses and phone numbers of the firms or individuals who prepared the reports.

h. Location of any buildings or structures and trees over twelve inches in diameter, as measuredtwentyfour inches from natural grade, on the property where the work is to be performed and the location of any building or structures on lands of adjacent owners which are within the minimum setback of the adjacent property, as specified in the City's zoning regulations,

(Saratoga Supp. No. 26, 8-11)

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16-17.060

or which may be affected by the proposed grading operations.Specificationsshallcontaininformationcovering construction and material requirements.

i. Estimate of the quantity of excavation or fill involved and estimated commencement and completion dates.

j. Indication of the area of vegetation to be removed.

(e) Soils engineering report. The soils engineering report required by part (d) shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, including buttress fills, when necessary, and opinion on adequacy for the intended use of sites to be developed by the proposed grading as affected by soils engineering factors, including the stability of slopes.

(f) Engineering geology report. The engineering geology report required by part (d) shall include an adequate description of the geology of the site, conclusions and recommendations regarding the affect of geological conditions on the proposed development, and opinion on the adequacy for the intended use of sites to be developed by the proposed grading, as affected by geological factors.

(g) Liquefaction study. The Building Official may require a geotechnical investigation in accordance with Section 1803.2 [of the International Building Code] when, during the course of an investigation, all of the following conditions are discovered, the report shall address the potential for liquefaction:

1. Shallow ground water, fifty feet (fifteen thousand two hundred forty mm) or less.

2. Unconsolidated sandy alluvium.

3. Seismic design categories E and F.

(h) Regular grading requirements. Each application for a grading permit shall be accompanied by a plan in sufficient clarity to indicate the nature and extent of the work. The plans shall give the location of the work, the name of the owner and the name of the person who prepared the plan. The plan shall include the following information:

1. General vicinity of the proposed site.

2. Limiting dimensions and depth of cut and fill.

3. Location of any buildings or structures where work is to be performed, and the location of any buildings or structures within fifteen feet (four thousand five hundred seventy-two mm) of the proposed grading.

(i) Issuance. The provisions of Section 105.3 of the 2010 California Building Code are applicable to grading permits. The Building Official may require that grading operations and project designs be modified if delays occur which incur weather-generated problems not considered at the time the permit was issued.

The Building Official may require professional inspection and testing by the soils engineer. When the Building Official has cause to believe that geological factors may be involved, the grading will be required to conform to the engineered grading.

(Amended by Ord. No. 282, § 2.A.3, 12-15-2010)

(a) General. Fees shall be assessed in accordance with the provisions of this Section or shall be as set forth in the fee schedule adopted by the jurisdiction.

(b) Plan checking fee. For excavation and fill on the same site, the fee shall be based on the total combined volume of the excavation and fill, whichever is greater. Before accepting a set of plans and specifications for checking, the Building Official shall collect a plan checking fee in an amount as established from time to time by resolution of the City Council. Separate permits and fees shall apply to retaining walls or major drainage structures, as indicated elsewhere in this Code. There shall be no separate charge for standard terrace drains and similar facilities. The plan checking fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project.

(c) Grading permit fees. A fee for each grading permit shall be paid to the Building Official, in such amount as established from time to time by resolution of the City Council. The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project.

(d) Special fees. The Building Official may engage the services of geologists, engineering geologists, soils engineers, foresters, and landscape architects as he determines to be necessary to review grading plans and activities. The cost of such services shall be charged to and paid by the applicant.

(Amended by Ord. No. 282, § 2.A.3, 12-15-2010)

16-17.080 Bonds.

(a) Grading bonds. Every permittee shall be required to post a cash or surety bond with the City in an

(Saratoga Supp. No. 26, 8-11)

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16-17.100

amount sufficient to cover the cost of the grading project, including corrective work necessary to eliminate any hazardous conditions, to ensure that the work will be completed strictly in accord with the approved plans and specifications. Each bond shall ensure that the permittee shall comply with all the provisions of this Code and all other applicable laws and ordinances, that he will comply with all the terms and conditions of the permit to the satisfaction of the Building Official and that he will complete the work within the time limits as specified in the permit. In the event of any failure to complete the work or failure to comply with all the conditions and terms of the permit, the Building Official may order the work required by the permit to be completed to his satisfaction, and the surety shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the City in causing all such work to be done, including engineering fees and attorney's fees.

(Amended by Ord. No. 282, § 2.A.3, 12-15-2010)

(a) General. Unless otherwise recommended in the approved soils engineering or engineering geology report, cuts shall conform to the provisions of this Section.

(b) [Waiver.] In the absence of an approved soils engineering report, these provisions may be waived for minor cuts not intended to support structures.

(c) Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use and shall be no steeper than one unit vertical in two units horizontal (fifty percent slope) unless the permittee furnishes a soils engineering or an engineering geology report, or both, stating that the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property.

(Amended by Ord. No. 282, § 2.A.3, 12-15-2010)

(a) General. Unless otherwise recommended in the approved soils engineering report, fills shall conform to the provisions of this Section.

(b) [Waiver.] In the absence of an approved soils engineering report, these provisions may be waived for minor fills not intended to support structures.

(c) Preparation of ground. Fills slopes shall not be constructed on natural slopes steeper than one unit vertical in two units horizontal (fifty percent slope). The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials scarifying to provide a bond with the new fill and where slopes are steeper than one unit vertical in five units horizontal (twenty percent slope) and the height is greater than five feet (one thousand five hundred twenty-four mm), by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than one unit vertical in five units horizontal (twenty percent slope) shall be at least ten feet (two thousand forty-eight mm) wide. The area beyond the toe of the fill shall be sloped for sheet overflow or a paved drain shall be provided. When fill is to be placed over a cut, the bench under the toe of the fill shall be at least ten feet (three thousand forty-eight mm) wide but the cut shall be made before placing the fill and acceptance by the soils engineer or engineering geologist or both as a suitable foundation for fill.

(d) Fill material. Detrimental amounts of organic material shall not be permitted in fills. Except as permitted by the Building Official, no rock or similar irreducible material with a maximum dimension greater than twelve inches (three hundred five mm) shall be buried or placed in fills.

Exception: The Building Official may permit placement of larger rock when the soils engineer properly devises a method of placement, and continuously inspects its placement and approves the fill suitability. The following conditions shall also apply:

1. Prior to issuance of the grading permit, potential rock disposal area shall be delineated on the grading plan.

2. Rock sizes greater than twelve inches (three hundred five mm) in maximum dimension shall be ten feet (three thousand forty-eight mm) or more below grade, measured vertically.

3. Rocks shall be placed so as to assure filling of all voids with well-graded soil.

(e) Compaction. All fills shall be compacted to a minimum of ninety percent maximum density.

(f) Slope. The slope of fill surfaces shall be no steeper than is safe for intended use. Fill slopes shall be no steeper than one unit vertical in two units horizontal (fifty percent slope).

(Amended by Ord. No. 282, § 2.A.3, 12-15-2010)

(Saratoga Supp. No. 26, 8-11)

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16-17.110

(a) General. Cut and fill slopes shall be set back from site boundaries in accordance with this section. Setback dimensions shall be horizontal distances measured perpendicular to the site boundary. Setback dimensions shall be as shown in Figure A-33-1.

(b) Top of cut slope. The top of cut slopes shall not be made nearer to the site boundary line than one-fifth of the vertical height of cut with a minimum of two feet (six hundred ten mm) and a maximum of ten feet (three thousand forty-eight mm). The setback may need to be increased for any required interceptor drains.

(c) Toe of fill slope. The toe of fill slope shall be made not nearer to the site boundary line than one-half the height of the slope with a minimum of two feet (six hundred ten mm) and a maximum of twenty feet (six thousand ninety-six mm). Where a fill slope is to be located near the site boundary and the adjacent off-site property is developed, special precautions shall be incorporated in the work as the Building Official deems necessary to protect the adjoining property from damage as a result of such grading. These precautions may include, but are not limited to:

1. Additional setbacks.

2. Provisions for retaining or slough walls.

3. Mechanical or chemical treatment of the fill

slope surface to minimize erosion.

4. Provisions for the control of surface waters.

(d) Modification of slope location. The Building Official may approve alternate setbacks. The Building Official may require an investigation and recommendation by a qualified engineer or engineering geologist to demonstrate that the intent of this Section has been satisfied.

(Amended by Ord. No. 282, § 2.A.3, 12-15-2010)

(a) General. Unless otherwise indicated on the approved grading plan, drainage facilities and terracing shall conform to the provisions of this Section for cut or fill slopes steeper than one unit vertical in three units horizontal (33.3 percent slope).

(b) Terrace. Terraces of at least six feet (one thousand eight hundred twenty-nine mm) in width shall be established at not more than thirty-foot (nine thousand one hundred fourteen mm) vertical intervals on all cut or fill slopes to control surface drainage and debris

except that where only one terrace is required, it shall be at midheight. For cut or fill slopes greater than sixty feet (eighteen thousand two hundred eighty-eight mm) and up to one hundred twenty feet (thirty-six thousand five hundred seventy-six mm) in vertical height, one terrace at approximately midheight shall be twelve feet (three thousand six hundred fifty-eight mm) in width. Terrace widths and spacing for cut and fill slopes greater than one hundred twenty feet (thirty-six thousand five hundred seventy-six mm) in height shall be designed by the civil engineer and approved by the Building Official. Suitable access shall be provided to permit proper cleaning and maintenance.

Swales or ditches on terraces shall have a minimum gradient of five percent and must be paved with reinforced concrete not less than three inches (seventy-six mm) in thickness or an approved equal paving. They shall have a minimum depth at the deepest point of one foot (three hundred five mm) and a minimum paved width of five feet (one thousand five hundred twentyfour mm).

A single run of swale or ditch shall not collect runoff from a tributary area exceeding thirteen thousand five hundred square feet (1254.2 m[2] ) (projected) without discharging into a down drain.

(c) Subsurface drainage. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability.

(d) Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainage way approved by the Building Official or other appropriate jurisdiction as a safe place to deposit such waters. Erosion of ground in the area of discharge shall be prevented by installation of nonerosive downdrains or other devices.

Building pads shall have a drainage gradient of two percent toward approved drainage facilities, unless waived by the Building Official.

Exception: The gradient from the building pad may be one percent if all of the following conditions exist throughout the permit area:

1. No proposed fills are greater than ten feet (three thousand forty-eight mm) in maximum depth.

2. No proposed finish cut or fill slope faces have a vertical height in excess of ten feet (three thousand forty-eight mm).

(Saratoga Supp. No. 26, 8-11)

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3. No existing slope faces steeper than one unit vertical in ten units horizontal (ten percent slope) have a vertical height in excess of ten feet (three thousand forty-eight mm).

(e) Interceptordrains. Pavedinterceptordrainsshall be installed along the top of all cut slopes where the tributary drainage area above slopes toward the cut and has a drainage path greater than forty feet (twelve thousand one hundred ninety-two mm) measured horizontally. Interceptor drains shall be paved with a minimum of three inches (seventy-six mm) of concrete or gunite and reinforced. They shall have a minimum depth of twelve inches (three hundred five mm) and a minimum paved width of thirty inches (seven hundred sixty-two mm) measured horizontally across the drain. The slope of the drain shall be approved by the Building Official.

(f) [Lot grading.] Each lot and building site shall be graded to drain all stormwater and other surface waters to the nearest storm drain or other drainage outlet approved by the Building Official. All runoff from roofs, decking, paving and other surface water collectors, whether natural or artificial, may be required by the Building Official to be centrally collected and drained through enclosed pipe or other conduit to on-site or off-site drainage outlets or storm drains. Disposition of on-site stormwater shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program (NPDES) as defined in Article 15-06 of the Zoning Code.

(g) [Drainage plan.] The plans and specifications required by Article 16-17.070(d) of the Building Code shall include a drainage plan depicting thereon both existing and proposed grades, and all proposed drainage facilities, unless such requirement is waived by the Building Official. All grading and drainage facilities shall be completed and installed prior to final inspection, and the Building Official may require certification from the owner, the contractor or qualified engineer, that all finished grades are in compliance with the approved plans. Neither approval of such drainage plans nor approval of the completed facilities on final inspection shall constitute any representation as to the adequacy of soil or slope stability, nor adequacy of surface or subsurface drainage controls, nor that any soil or water-related damage will occur to the site or to anyadjoiningproperty.Maintenanceof allon-sitedrain-

age facilities, whether or not ultimately connected to a public storm drain, shall be the sole responsibility of the property owner and not the City. (Amended by Ord. No. 282, § 2.A.3, 12-15-2010)

(a) Slopes. The faces of cut and fill slopes shall be prepared and maintained to control against erosion. All cut and fill surfaces subject to erosion shall be planted with ground cover which is compatible with the natural ground covers in the City and which will thrive with little maintenance. Earth slopes shall be contour graded to encourage landscaping. Cut and fill along public roads may be required to be landscaped to blend into the natural surroundings. Plants used shall be at heights which will not obstruct vehicular sight distances on City streets, as determined by the Building Official. All plant materials shall be satisfactory to the Building Official. The protection of the slopes shall be installed as soon as practicable and prior to calling for final grading approval. When cut slopes are determined by the Building Official not to be subject to erosion due to the erosion resistant character of the materials, planting precautions may be omitted.

(b) Other devices. Where necessary, check dams, cribbing, riprap or other methods shall be employed to control erosion and provide safety.

(Amended by Ord. No. 282, § 2.A.3, 12-15-2010)

(a) General. Grading operations for which a permit is required shall be subject to inspection by the Building Official. Professional inspection of grading operations shall be provided by the civil engineer, soils engineer and the engineering geologist retained to provide such services in accordance with Section 1617.140(d), for engineered grading and as required by the Building Official for regular grading.

(b) Civil engineer. The civil engineer shall provide professional inspection within such engineer's area of technical specialty, which shall consist of observation and review as to the establishment of line, grade and surface drainage of the development area. If revised plans are required during the course of the work they shall be prepared by the civil engineer.

(c) Soils engineer. The soils engineer shall provide professional inspection within such engineer's area of technical specialty, which shall include observation dur-

(Saratoga Supp. No. 26, 8-11)

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16-17.140

ing grading and testing for required compaction. The soils engineer shall provide sufficient observation during the preparation of the natural ground and placement and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and appropriate requirements of this Chapter. Revised recommendations relating to conditions differing from the approved soils engineering and engineering geology reports shall be submitted to the permittee, the Building Official and civil engineer.

(d) Engineering geologist. The engineering geologist shall provide professional inspection within such engineer's area of technical specialty, which shall include professional inspection of the bedrock excavation to determine if conditions encountered are in conformance with the approved report. Revised recommendations relating to conditions differing from the approved engineering geology report shall be submitted to the soils engineer.

(e) Permittee. The permittee shall be responsible for the work to be performed in accordance with the approved plans and specifications and in conformance with the provisions of this Code, and the permittee shall engage consultants, if required, to provide professional inspections on a timely basis. The permittee shall act as a coordinator between the consultants, the contractorandtheBuildingOfficial.Intheeventof changed conditions, the permittee shall be responsible for informing the Building Official of such change and shall provide revised plans for approval.

(f) Building Official. The Building Official shall inspect the project at the various stages of work requiring approval to determine that adequate control is being exercised by the professional consultants.

(g) Notification of noncompliance. If, in the course of fulfilling their respective duties under this Chapter, the civil engineer, the soils engineer or the engineering geologist finds that the work is not being done in conformance with this Chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the permittee and the Building Official.

(h) Transfer of responsibility. If the civil engineer, the soils engineer or the engineering geologist of record changes during grading, the work shall be stopped until the replacement has agreed in writing to accept their responsibility within the area of technical competence for approval upon completion of the work. It shall be

the duty of the permittee to notify the Building Official in writing of such change prior to the recommencement of such grading.

(Amended by Ord. No. 282, § 2.A.3, 12-15-2010)

(a) Final reports. Upon completion of the rough grading work and at the final completion of the work, the following reports and drawings and supplements thereto are required for engineered grading or when professional inspection is performed for regular grading, as applicable.

1. An as-built grading plan prepared by the civil engineer retained to provide such services in accordance with Section 16-17.140(b), showing original ground surface elevations, as-graded ground surface elevations, lot drainage patterns, and the locations and elevations of surface drainage facilities and of the outlets of subsurface drains. As-constructed locations, elevations and details of subsurface drains shall be shown as reported by the soils engineer.

Civil engineers shall state that to the best of their knowledge the work within their area of responsibility was done in accordance with the final approved grading plan.

2. A report prepared by the soils engineer retained to provide such services in accordance with Section 16-17.140(c), including locations and elevations of field density tests, summaries of field and laboratory tests, other substantiating data, and comments on any changes made during grading and their affect on the recommendations made in the approved soils engineering investigation report. Soils engineers shall submit a statement that, to the best of their knowledge, the work within their area of responsibility is in accordance with the approved soils engineering report and applicable provisions of this Chapter.

3. A report prepared by the engineering geologist retained to provide such services in accordance with Section 16-17.140(d), including a final description of the geology of the site and any new information disclosed during the grading and the affect of same on recommendations incorporated in the approved grading plan. Engineering geologists shall submit a statement that, to the best of their knowledge, the work within their area of responsibility is in accordance with the approved engineering geologist report and applicable provisions of this Chapter.

(Saratoga Supp. No. 26, 8-11)

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4. The grading contractor shall submit in a form prescribed by the Building Official a statement of conformance to said as-built plan and the specifications.

(b) Notification of completion. The permittee shall notify the Building Official when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices, and all erosioncontrol measures have been completed in accordance with the final approved grading plan, and the required reports have been submitted.

(Amended by Ord. No. 282, § 2.A.3, 12-15-2010)

Driveways shall conform to the provisions of this Section.

(a) Gradient. Maximum driveway gradient shall not exceed eighteen percent for more than fifty feet.

(b) Construction standards:

1. Driveways to structures with less than a thirtyfive-foot setback have no conditions placed on their construction.

2. Driveways to structures with more than a thirtyfive-foot setback shall comply with the following conditions:

a. The width of a driveway servicing one parcel within a single-family residential district shall be a minimum of twelve feet, or greater as required by the fire district having jurisdiction. The driveway servicing more than one parcel within a single-family residential district must be at least fourteen feet wide with a onefoot shoulder on each side or greater as required by the fire district having jurisdiction. The width of the driveway in all other zoning districts shall be as required by the fire district having jurisdiction.

b. The driveway must have a minimum curve radius of forty-two feet.

c. If the finished surface slope is twelve and onehalf percent or less, the driveway must have at least a six-inchaggregatebaseandadouble-coatoilandscreening surface.

d. If the finished surface slope is twelve and onehalf to fifteen percent slope, the driveway must have at least a six-inch aggregate base and a two-inch asphalt concrete surface.

e. If the finished surface slope is fifteen to eighteen percent, the driveway must have at least a six-inch aggregate base and four-inch rough-surface concrete surface.

f. A turnaround at the end of a driveway must have at least a thirty-two foot radius or an equivalent approved by the fire district having jurisdiction.

g. The driveway must have a centerline perpendicular to the street right-of-way at the point of their intersection or present a minimum forty-two-foot effective inside radius to vehicles departing or entering the public street from both sides.

3. All bridges and driveway structures shall be designed to sustain a minimum of thirty-five thousand pounds dynamic loading. (Amended by Ord. No. 282, § 2.A.3, 12-15-2010; Ord. No. 284, § 1(Att. A), 5-18-2011)

(a) If the grading consists only of the depositing and storing of fill material on a site, the Building Official may issue a temporary grading permit, to be designated a stockpiling permit, permitting the stockpiling of such fill materials without complete compaction, for a limited period of time. The Building Official shall determine the location, amount and length of time stockpiled material may remain on a site.

(b) The Building Official shall require a cash bond from the applicant, as a condition precedent to the issuance of a stockpiling permit, guaranteeing the removal or the ultimate proper compaction of the fill material. No plan checking fee shall be required for a stockpiling permit, except at such time as, at the expiration of such stockpiling, the permittee submits plans to obtain a grading permit to complete the installation and compaction of such fill material.

(Amended by Ord. No. 282, § 2.A.3, 12-15-2010)

(a) Restricted hours. Unless specifically exempted, grading will be restricted to the hours between 7:30 A.M. and 6:00 P.M., Monday through Friday, except in the event of an emergency which imperils the public safety. The Building Official may grant an exemption upon his determination of an emergency.

(b) Dust and dirt control. Graded surfaces shall be wetted or suitably contained to prevent public 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 to prevent excessive dust conditions.

(c) Effect of prior site development plan approval. Where a site development plan has already been ap-

(Saratoga Supp. No. 26, 8-11)

400.1

16-17.180

proved by the advisory agency under Section 14-25.100 of the Subdivision Ordinance, and such site development plan has been made a part of the improvement plans, the improvement agreements and the bonding requirements of the Subdivision Ordinance, and final map has been approved and recorded, the requirements of this Code relating to plans and specifications, geologic engineering reports, soil engineering reports and bonds shall be deemed to have been complied with as to any excavation or grading work done in accord with such previously approved site development plan. In the event of any change in the site development plan as to any lot, site or parcel from the approved site development plan, the provisions of this Code shall thereafter be applicable, and a separate grading plan, grading permit, permit fee and bond shall be required therefore.

(d) Special precautions. If the Building Official determines by inspection that the nature of the formation is such that further work as authorized by the existing permit is likely to endanger any property or public way, the Building Official may, as a condition of work, require reasonable safety precautions to avoid the likelihood of danger. Such measures as flatter exposed slopes, additional drainage facilities, berm, terracing, compaction, cribbing or installation of plant

materials for erosion control may be required. If storm damage is anticipated, work may be stopped until temporary planting, structures or other temporary measures have been taken to control erosion and protect adjoining property.

(e) Damaging graded lands. No person shall directly or indirectly damage or destroy any ground cover, planting, berm, drainage terraces, ditches, swales, riprap or other drainage structures and erosion controls which are planted or constructed pursuant to this Code, or in accord with any of the regulations or requirements of the Building Official or the Planning Commission, or pursuant to any site development plan filed in accord with the Subdivision Ordinance of the City.

stroy any ground cover, planting, berm, drainage terraces, ditches, swales, riprap or other drainage structures and erosion controls which are planted or constructed pursuant to this Code, or in accord with any of the regulations or requirements of the Building Official or the Planning Commission, or pursuant to any site development plan filed in accord with the Subdivision Ordinance of the City.

(f) Compliance with other ordinances. The Building Official shall not issue a grading permit for any grading at a building lot or site unless all proposed uses shown on the grading plans for the lot or site will comply with all applicable provisions of both the Zoning Ordinance and Subdivision Ordinance of the City, and with all other provisions of this Code, or unless such grading and the proposed uses are consistent with the general plan. Any grading permit issued in violation of this Section shall be void and of no force and effect.

400.2

(Saratoga Supp. No. 26, 8-11)

Figure A-33-1—Setback Dimensions

==> picture [326 x 481] intentionally omitted <==

(Amended by Ord. No. 282, § 2.A.3, 12-15-2010)

401

(Saratoga Supp. No. 57, 1-26)

16-18.010