Sebastopol Municipal Code Ch. 15.08 Excavation, Grading and Earthwork Construction

* Code reviser’s note: Ordinance No. 1144 inadvertently repealed the part of Ordinance No. 1128 that was the basis of this chapter. The text has been retained at the direction of the city.

For the purpose of safeguarding life, limb, property and the public welfare by regulating excavation, grading and earthwork construction, Appendix Chapter J of the California Building Code, 2019 Edition, together with any amendments thereof, as hereinafter set forth in this chapter, is adopted and made part of this chapter. (Ord. 1128 § 18 (2), 2019; amended as part of January 2017 update)

One certified copy of the code section so adopted, along with any amendment thereto, shall be kept on file for the use and examination by the public and located at the Sonoma County Regional Library, Sebastopol Branch, in the City of Sebastopol. (Ord. 1128 § 18 (2), 2019)

Appendix Chapter J of the California Building Code, 2019 Edition, is hereby adopted with the following amendments:

A. Organization and Enforcement Insofar as they apply to the permitting of work regulated by this Ordinance, the Organization and Enforcement of this Ordinance shall be as set forth in Section 104 California Building Code, 2019 Edition, with the exception that the City Engineer shall be the designated code enforcement officer and shall have all the powers and duties ascribed to the building official therein.

B. All references in Appendix Chapter J to the Building Official are hereby amended to refer to the City Engineer.

C. Notwithstanding (A) and (B) above, demolition permits shall remain under the authority of the Building Official.

D. Appendix Chapter J, Section J 103, is hereby amended to include the Grading Permit Application Requirements adopted by a separate resolution of the City Council. In the case of any discrepancies between the provisions of this Ordinance including the Code sections adopted by reference herein, and the Grading Permit Application Requirements, the latter shall supersede.

California Building Code Appendix J 102 is amended to read as follows:

Engineered Grading – Grading in excess of 500 cubic yards (382 cubic meters), and /or grading performed as part of a subdivision, and/or grading performed within two feet (2') of a property line shall be performed in accordance with the approved grading plan prepared by a civil engineer.

Regular Grading – Grading involving less than 500 cubic yards and not meeting either of the other two conditions listed above. Unless the permittee chooses to have the grading performed as engineered grading, or the City Engineer determines that special conditions or unusual hazards exist, in which case grading shall conform to the requirements for engineered grading.

In addition to the provisions of Section 107, A grading plan shall be prepared by a registered civil engineer, and shall show the existing grade and finished grade in contour intervals of sufficient clarity to indicate the nature and extent of the work and show in detail that it complies with the requirements of this code. The plans shall show the existing grade on adjoining properties in sufficient detail to identify how grade changes will conform with the requirements of this code.

California Building Code Appendix J Section J 110, Erosion Control, is hereby amended to include the following:

Erosion control and sediment control plans are required for the following:

Grading operations performed between October 1st and April 15th.

Grading along Calder Creek or Zimpher Creek or their tributaries, or on lands that discharge drainage directly to the Laguna de Santa Rosa.

Grading on hillsides with a slope of 10% or greater.

Erosion control plans shall reference and be in conformance with the “Erosion and Sediment Control Field Manual” published by the San Francisco Regional Water Quality Control Board, and the State Water Quality Control Board Construction General Permit (WQO 99-08-DWQ or latest adopted order).

With respect to the activities regulated by this chapter (i.e., excavation, grading and earthwork construction), CBC Section 113 (incorporated herein by reference) is hereby amended to include the following language:

The Sebastopol Design Review Board is hereby designated by the City Council as the board of appeals for activities regulated by this Ordinance.

With respect to the activities regulated by this chapter, CBC Section 109.4 is hereby amended to read as follows:

An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be at least equal to and shall not exceed five times the permit fee required by this code. The minimum investigation fee shall be as set forth in the fee schedule adopted by separate resolution of the City Council. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

(Ord. 1128 § 18 (2), 2019; Ord. 1093 § 4, 2016)

Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction and any person violating the same section or a portion of a section on a second or subsequent occasion shall thereafter be deemed guilty of a misdemeanor and upon conviction of either an infraction or a misdemeanor shall be punishable as provided by law. (Ord. 1128 § 18 (2), 2019)

It is the intent of this chapter that compliance herewith shall be in accord with other City rules and regulations insofar as they may relate to or be impacted by excavation, grading and drainage improvement activities governed by this chapter, including but not limited to SMC Title 16, Subdivisions; Chapter 8.12 SMC, Tree Protection; Chapter 15.16 SMC, Flood Damage Prevention; and others not listed here. In cases where there is a conflict, the more restrictive requirements shall apply. (Ord. 1128 § 18 (2), 2019)

Except as provided in SMC 15.08.050, all other ordinances or parts of ordinances relating to the authority, processing and issuance of permits covered under this chapter are hereby repealed. (Ord. 1128 § 18 (2), 2019)

Fees shall be assessed as set forth in the fee schedule adopted by separate resolution of the City Council. (Ord. 1128 § 18 (2), 2019)

Pursuant to Health and Safety Code Section 17958.7, the findings of fact, as submitted in Exhibit B attached to the ordinance codified in this chapter, are made in connection with the adoption of revisions or additions to the 2019 California Building Code Appendix Chapter J. (Ord. 1128 § 18 (2), 2019; amended as part of January 2017 update)