Shasta Lake Municipal Code Ch. 15.08 Grading, Erosion Control and Hillside Development

The purpose of this chapter is to safeguard life, health, property, the environment, and the public welfare by regulating clearing and grading on private and public property and providing standards and design criteria implementing stormwater best management practices to control water pollution and erosion during all construction activities for all development.

(Ord. 07-183 § 4 (part))

(Ord. No. 15-240, § 1, 7-7-2015)

A. This chapter sets forth rules and regulations to control excavation, grading, earthwork construction including fills and embankments, and development on hillsides and along ridgelines; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspection of grading construction.

B. The provisions of this chapter shall not be construed as waiving any requirements imposed by state, federal, or other local statutes or regulations or other provisions of this code.

(Ord. 07-183 § 4 (part))

For the purposes of this chapter, the definitions listed hereunder shall be construed as specified in this section:

"Applicant" means the property or designated agent of such property owner who fills out and signs a written application for a city permit.

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

"Bedrock" means in-place solid rock.

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

"Best management practices (BMPs)" means specific stormwater management techniques that are applied to manage construction site runoff and minimize site erosion.

"Building envelope" means an area on a lot where existing trees and natural vegetation may be removed and soil disturbed for the purpose of a building footprint, parking, driveway access and other accessory uses.

"Building official" means the municipal official responsible for enforcement and interpretation of the building code.

"California Stormwater Quality Association (CASQA)" shall mean the professional member association dedicated to the advancement of stormwater quality management.

"City engineer" means the engineer or person designated by the city council to be the city engineer.

"Civil engineer" means a professional engineer registered in the state of California to practice in the field of civil works.

"Clearing" means the removal above the natural ground surface of vegetative growth such as trees, logs, upturned stumps, roots of trees, brush, grass and weeds.

"Compaction" means the densification of a fill by mechanical means.

"Contour grading" means a grading concept designed to result in earth forms which resemble natural terrain characteristics. Horizontal and vertical curve variations are often used for slope banks.

"Cut" means the mechanical removal of earth material.

"Developer" means any property owner or designated agent of such property owner for whom land development plans are being or have been made.

"Development services director" means the municipal official responsible for the administration of the building, planning and code enforcement divisions of the city of Shasta Lake.

"DBH (diameter at breast height)" means the diameter of a tree trunk measured in inches at a height of four and one-half feet above ground.

"Drainage report" means an analysis of drainage impacts from a proposed project, including drainage calculations prepared by a licensed professional engineer verifying that runoff from the project will not increase the ten, twenty-five (25) or one hundred (100) year flows downstream. The report shall include sizing and analysis of any proposed detention/retention facilities.

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

"Engineering geologist" means a geologist experienced and knowledgeable in engineering geology and registered as a professional engineering geologist in the state of California.

"Erosion" means the wearing away of the ground surface as a result of the movement of wind, water and/or ice.

"Erosion control system" shall mean permanent and/or temporary erosion control devices/features (BMPs) installed to prevent erosion and site runoff.

"Excavation" means the mechanical removal of earth material.

"Fill" means a deposit of earth material placed by artificial means.

"Flaglot" means a parcel of land with a narrow extension of property on the lot from the buildable area of the lot to the public right-of-way, and which serves as access to the lot.

"General plan" means a legal document in the form of a map and accompanying text adopted by the city council and consisting of objectives, policies and implementation measures regarding the long-term development of the city.

"Geotechnical engineer" means a professional licensed in the state of California and experienced and knowledgeable in the application of the principles of soil mechanics in the investigation, evaluation, and design of civil engineering works involving the use of earth materials and the inspection and testing of the construction thereof.

"Geotechnical engineering" means the application of the principles of soil mechanics in the investigation, evaluation, and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof.

"Geotechnical report" means a technical report of the soils and geologic conditions on and below the surface at a project site, based on geotechnical investigation by borings, and shall include soils classifications, geotechnical conclusions, and recommendations for design, construction, and inspection of the project.

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

1. Existing grade is the grade prior to grading;

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

"Grading" means any excavating, filling, or combination thereof.

"Hillside area" means a parcel or portion of a parcel that:

1. Contains an average slope over twenty (20) percent and a height differential of twenty (20) feet or more within the area having an average slope of twenty (20) percent or more; and

2. Where development of the project would be prominently visible from a substantial land area, including public streets and highways, public parks and open space areas, and neighboring properties; or

3. Where, due to the soil classification, the potential for erosion is high.

"Hillside areas" include skyline ridges and ridgelines.

"Hillside development" means all residential development within a hillside area, including a major or minor subdivision, or new construction of a single- or multifamily development.

"Key" means an engineered compacted fill placed on a bench excavated in earth material beneath the toe of a proposed fill slope.

"Knoll" means a small rounded hill.

"Landscaping" means either:

1. Existing vegetation including sensitive biological habitat and protected trees.

2. Landscaping specifically mandated as a condition of approval by either the administrative or discretionary approval process relating to land use compatibility, ordinance development standards, environmental mitigation, and/or required slope planting ratios.

"Manufactured slope" means any slope created through cut, fill or excavation.

"Permanent erosion control devices" means features installed on-site for the permanent control of erosion and site runoff, including but not limited to required landscaping, permanent desilting basins, etc.

"Property owner" means the owner of the fee title or leasehold interest in real property who has the present rights to possession and control of the property.

"Protected tree" means any living tree, except gray pine (pinus sabiniana), having at least one trunk of ten inches or more DBH; or a tree that is required to be preserved under discretionary project approval or under a site development tree plan that is approved administratively by the development services director or his or her designee.

"Public works director" means the municipal official responsible for the administration of the public works divisions of the city of Shasta Lake, including water, sewer, streets and public improvements.

"Qualified SWPPP developer (QSD)" shall mean an individual who is certified to develop revise and certify storm water pollution prevention plans and best management practices.

"Qualified SWPPP practitioner (QSP)" shall mean an individual who is certified to implement all elements of the storm water pollution prevention plans and best management practices.

"Rain event action plan (REAP)" shall mean a plan, specific to a project site, designed to protect the site from erosion and to prevent discharge of pollutants. A REAP is to be prepared/revised for each forecasted rain event.

"Retaining wall" means an engineered structure designed to resist lateral pressure by providing a barrier to downslope movement of soil, rock, or water.

"Ridgeline" means tops of hills within a hillside area typically lower in height and normally viewed against a backdrop of other hills and, when compared to the surrounding terrain, may be visible only to a limited area. The precise location shall be determined during the project review process.

"Rough grading" means grading to approximate final elevations as shown on the approved grading plan, including location and staking of property lines, cut and fill slopes correctly graded and located in accordance with the approved design, swales and terraces graded and ready for paving, berms installed, required drainage slopes provided on the building pads, and recommendations of the engineering geologist or geotechnical engineer incorporated in the design.

"Sensitive biological habitat" means any biological habitat that supports or has the potential to support any rare, endangered, threatened or candidate species of plants, trees, or animals or species of special concern as defined by the California Endangered Species Act (Fish and Game Code Sections 2050 et seq.) or Federal Endangered Species Act (16 U.S.C. 1531 et seq.).

"Sensitive biological species" means any rare, endangered, threatened or candidate species of plants, trees or animals, or species of special concern as defined by the California Endangered Species Act (Fish and Game Code Sections 2050 et seq.) or Federal Endangered Species Act (16 U.S.C. 1531 et seq.).

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

"Skyline ridge" means the top of a ridgeline which is prominently visible from a substantial land area, characterized by the lack of a topographical backdrop where the sky is visible beyond the ridge. The precise location shall be determined during the project review process.

"Slope" means an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance (e.g., two is to one, or as a percent (%) of vertical distance divided by horizontal distance, e.g., fifty (50) percent). Note: fifty (50) percent slope equals a two is to one slope.

"Soil" means naturally occurring superficial deposits overlying bedrock.

"Stormwater discharge permit" means the National Pollutant Discharge Elimination System (NPDES) permit and amendments thereto, issued by the California Regional Water Quality Control Board, identifying waste discharge requirements for discharges of urban runoff within the city of Shasta Lake.

"Stormwater pollution prevention plan (SWPPP)" shall mean a document prepared by a QSD, in compliance with the requirements of the regional water quality control board, which identifies sources and activities at a particular site that may contribute pollutants to stormwater and commits the applicant to specific control measures and time frames to prevent or treat such pollutants.

"Story pole" means a visual aid that outlines the mass of a structure to assist in understanding a project's size, bulk and scale in relation to the neighborhood and/or its effect on public scenic views. Story poles shall be made of lumber, PVC piping or other sturdy material and shall be properly braced for safety purposes, with connections used to show ridgelines and structure heights made of bright construction tape or netting.

"Temporary erosion control device" means interim features installed on-site during construction to control erosion and site runoff, including but not limited to geotextiles and mats, sandbagging, temporary drains and swales. (Also see city of Shasta Lake stormwater management requirements document).

"Usable" means that portion of a lot which is usable for or adaptable to the normal uses of residential property, excluding steep areas over ten percent slope, any areas covered by water, or areas included as an easement.

"Vegetation" means any plant life and plant cover including mature trees, protected trees, and sensitive biological habitat.

"Wet weather season" means October 1st through April 30th.

"Zoning ordinance" means that part of the Shasta Lake Municipal Code that establishes land use regulations and districts or zones that establish permitted and special uses within those zones.

Figure A. Skyline and Ridgeline

[Figure]

(Ord. 07-183 § 4 (part))

(Ord. No. 15-240, § 1, 7-7-2015)

Exemptions or exceptions to any development or design standard required pursuant to this chapter that are not in conflict with federal or state law may be granted by the Planning Commission if substantial evidence, as defined by Title 14, Chapter 3 of the California Code of Regulations (CEQA Guidelines), is provided to support the following findings:

1. The exemption or exception will not result in adverse impacts to the environment; and

2. The exemption or exception will not be detrimental to the health, safety or general welfare of persons residing or working in the neighborhood or to the general welfare of the city.

(Ord. No. 12-225, § 2, 6-5-2012)

No person shall commence or perform any clearing or grading and no person shall export or import any earth materials to or from any site unless pursuant to a written permit from the development services director or his or her designee. The permit shall be in the name of the property owner. A separate permit shall be required for each site but may include the entire operation at such site. When grading is to be done within fifty (50) feet of the high water mark of a seasonal watercourse or in the one hundred (100) year floodplain of a stream, creek or river, a permit shall be required in all cases.

(Ord. 07-183 § 4 (part))

A. Exemptions. The provisions of this chapter shall not apply to:

1. Work accomplished upon land owned and controlled by the United States of America or by the state and which is performed pursuant to a public program of some agency thereof;

2. Any excavation, removal, fill, or deposit of any earth or other materials within a property which is dedicated or used or to be used for cemetery purposes; provided that such work is performed for burying the dead and does not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property not owned by the cemetery authority;

3. Any grading operation which is conducted during a period of civil or hazardous material emergency or natural disaster and which is directly connected with or related to relief of conditions caused by such emergency or disaster or to make emergency firebreaks;

4. The depositing of rubbish or other material at any reclamation or rubbish disposal site operated by a public agency and grading work performed as part of such operation;

5. Any work done in city streets, sidewalks, alleys, parkways, easements, or city-owned or leased property by the city, or by contractors under contract with the city at the direction of the city manager.

6. Excavations for utilities installed pursuant to permits issued by the building division;

7. Reconstruction of paved parking lots that do not alter the existing drainage pattern;

8. Grading, clearing, and the placement of topsoil for landscape purposes on a developed single-family residential parcel which is less than one acre, except as otherwise regulated by Chapter 12.36, Tree Conservation, or by stormwater management regulations.

B. Exceptions. Permits shall not be required in the following instances, provided that the activity does not affect sensitive biological species or habitats, protected trees, or cultural/ archaeological resources. The following exempt activities are subject to implementing erosion control measures and may be subject to applicable stormwater discharge permits:

1. An excavation below finish grade for basements and footings of a building, or for a swimming pool, retaining wall, or other structure, authorized by a valid building permit, and complies with Subsections 5 and 6 of this section. This shall not exempt any fill on land over ten percent slope, nor exempt any excavation having an unsupported height greater than four feet after the completion of such structure;

2. Mining, quarrying, excavating, processing, 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;

3. Minor exploratory excavations and soil remediation under the direction of soil engineers, or engineering geologists at the discretion of the development services director or his or her designee based on a case-by-case review when considering site conditions, topography, surrounding properties, and the extent of work involved;

4. Temporary excavation for installation or abandonment of underground storage tanks and associated piping when no permanent change is made in the existing terrain and the excavation is refilled.

5. An excavation which:

a. Does not exceed two hundred (200) cubic yards of earth material; and

b. Does not exceed ten thousand (10,000) square feet or more of surface area; and

c. Does not exceed two feet in vertical depth at its deepest point measured from the original ground surface; and

d. Does not create a cut slope greater than two feet in height and steeper than two horizontal to one vertical; and

e. Does not change the existing drainage pattern.

6. A fill which:

a. Does not exceed fifty (50) cubic yards of earth material; and

b. Does not exceed ten thousand (10,000) square feet or more of surface area; and

c. Is less than one foot in vertical depth and is placed on natural terrain with a slope flatter than five horizontal to one vertical, or less than three feet in depth, not intended to support structures; and

d. Does not change the existing drainage pattern.

7. Clearing which:

a. Is in accordance with the provisions of Public Resources Code Sections 4291 et seq., or at the direction of the Shasta Lake Fire Protection District for fire prevention and safety purposes that does not destroy or remove or affect sensitive biological species or sensitive biological habitats, or cultural/archaeological resources, or as allowed pursuant to agreements with the California Department of Fish and Game and the U.S. Fish and Wildlife Service.

b. Does not exceed one acre or more of surface area.

(Ord. 07-183 § 4 (part))

(Ord. No. 14-237, § 1, 12-2-2014; Ord. No. 19-273, § 3, 3-5-2019)

If the development services director or his or her designee determines that the clearing or grading is not statutorily or categorically exempt from the provisions of the California Environmental Quality Act (CEQA), then an initial study shall be prepared. After preparation of an initial study, the environmental review process shall be conducted pursuant to CEQA. The planning commission shall conduct any necessary public meetings or hearings.

(Ord. 07-183 § 4 (part))

Tree protection and replacement shall be as specified in Chapter 12.36, Tree Conservation, of this code.

(Ord. 07-183 § 4 (part))

A. Permits Required. Except as exempted in Section 15.08.050 of this chapter, no person shall do any clearing without first obtaining a clearing permit and applicable state-issued stormwater discharge permits. A separate permit shall be required for each site.

B. Clearing Plan and Specifications. Each application for a clearing permit shall be accompanied by three sets of plans and specifications, and supporting data pursuant to this section as determined by the development services director or his or her designee. All plans and specifications shall be prepared and signed by a civil engineer or other licensed professional as authorized by the California Business and Professions Code except that the development services director or his or her designee may waive this requirement if the clearing is minor in nature and would not endanger the public health, safety or welfare.

C. Information on Clearing Plans and Specifications. Plans shall be drawn to scale 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 chapter and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall give the general vicinity of the subject property, and the name, address and telephone number of the property owner, and the person by whom the plans were prepared.

The plans shall include the following information:

1. Area of parcel to be cleared shown on site plan;

2. Amount of land to be cleared (in acres);

3. Methods and equipment to be used in clearing operations;

4. Purpose of clearing;

5. Proposed erosion control measures;

6. Exterior wall lines of all existing structures situated on or off the property within one hundred (100) feet of the subject property line (or one-half the width of the adjacent lot, whichever is less);

7. Existing and proposed topographic contours of the subject site. Existing contours shall be shown by broken lines at five feet or smaller intervals. Contours shall be labeled with elevation;

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

9. Location of all trees greater that ten-inch diameter at breast height (DBH) with the exception of grey pine (pinus sabiniana) along with a tree survey pursuant to Chapter 12.36, Tree Conservation;

10. Location of any existing sensitive biological species, sensitive biological habitat, including wetlands;

11. Letter of permission from property owner for any off-site clearing;

12. Any additional plans, drawings, calculations, or title reports the development services director or his or her designee may require because of special characteristics found to exist upon the grading site.

(Ord. 07-183 § 4 (part))

A. Permits Required. Except as exempted in Section 15.08.050 of this chapter, no person shall do any grading without first obtaining a grading permit and applicable state-issued stormwater discharge permits. A separate permit shall be required for each site.

B. Preliminary Grading Plan. For projects requiring discretionary review by the planning commission, a preliminary grading plan shall be submitted. The plan shall include:

1. Slope analysis pursuant to subsection G of this section.

2. Existing and proposed grades and the extent of cut and fill.

3. Proposed drainage system, including location of proposed detention/retention facilities.

4. Existing and proposed topographic contours of the subject site. Existing contours shall be shown by broken lines at five feet or smaller intervals, with future contours shown by a solid line. Contours shall be labeled with elevation.

5. Proposed building envelopes, including elevations.

6. Geotechnical report pursuant to subsection F of this section.

7. Sectional drawings pursuant to subsection H of this section.

8. Proposed retaining walls.

9. Proposed erosion control measures.

10. Location of all waters of the United States and wetland areas as defined by the U.S. Army Corps of Engineers.

C. Grading Plans and Specifications. Each application for a grading permit shall be accompanied by three hardcopy sets of plans and specifications, one .PDF format digital file, and supporting data pursuant to this section as determined by the development services director or his or her designee. When available, the submittal shall include one digital (electronic) set of plans in .DWG format. Additional sets of plans and specifications, or additional studies, may be required. All plans and specifications shall be prepared and signed by a civil engineer or other licensed professional as authorized by the California Business and Professions Code, except that the development services director or his or her designee may waive this requirement if the grading is minor in nature; and would not endanger the public health, safety or welfare. All plans and specifications shall be reviewed and signed by the licensed professional who prepared the geotechnical report prior to submittal to the city.

D. Information on Grading Plans and Specifications. Plans shall be drawn to scale 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 chapter and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall give the general vicinity of the subject property, and the name, address and telephone number of the property owner, and the person by whom the plans were prepared.

The plans shall be a minimum of twenty (22) inches by thirty-four (34) inches in size and shall include the following information:

1. Parcel dimensions with bearings, distances and easements. Indicate physical reference points for location of property line (e.g., surveyor's monument), bench mark and basis of bearings.

2. Exterior wall lines of all existing structures situated on or off the property within one hundred (100) feet of the subject property line (or one-half the width of the adjacent lot, whichever is less).

3. Onsite driveways, parking, patios, decks, landscaping, retaining walls and fences.

4. Street right-of-way lines, curb lines or pavement edge, curb cuts and sidewalks.

5. Existing and proposed topographic contours of the subject site, plus an additional one hundred (100) feet beyond the project limits or property line, whichever is greater. Existing contours shall be shown by broken lines at five feet or smaller intervals. Contours shall be labeled with elevation.

6. Detailed plans of all surface and subsurface drainage devices, including brow ditches, retaining walls, cribbing, dams, protective fencing, and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drains. A detailed drainage report prepared and signed by a civil engineer or other licensed professional as authorized by the California Business and Professions Code shall be submitted that provides information on the hydrology and hydraulics used to size all drainage devices.

7. Location, dimension, cross sections, building materials and top/bottom elevations of any proposed retaining, crib and stem walls and fences. Structural calculations for any device retaining thirty-six (36) inches or more shall be prepared and signed by a civil engineer or other licensed professional as authorized by the California Business and Professions Code and shall be submitted along with the grading plans.

8. Location of all trees greater that ten-inch diameter at breast height (DBH) with the exception of grey pine (pinus sabiniana) along with a tree survey pursuant to Chapter 12.36, Tree Conservation.

9. Location of any existing sensitive biological species, sensitive biological habitat, including wetlands.

10. Letter of permission from property owner for any off-site grading.

11. Any additional plans, drawings, calculations, or title reports the development services director or his or her designee may require because of special characteristics found to exist upon the grading site.

12. A plan depicting proposed erosion control measures.

13. A detailed cost estimate of the project using local unit prices as approved by the city engineer.

14. Designation of all haul routes and site of deposition of any materials removed from the project site.

E. Regulatory Agency Approvals. For projects resulting in a land disturbance of one acre or more, or less than one acre but part of a larger common plan of development, the Regional Water Quality Control Board's notice of intent and authorization shall be provided, including a stormwater pollution prevention plan (SWPPP). A SWPPP shall be required for land disturbances less than one acre when the development services director or his or her designee, or the Regional Water Quality Control Board, determines that the project poses a significant threat to water quality. Copies of permits from Army Corps of Engineers and California Department of Fish and Game shall be provided when applicable.

F. Geotechnical Report. A geotechnical report shall be provided for all projects requiring discretionary approval by the planning commission, or as required pursuant to the California Building Code, or as otherwise recommended by the development services director or his or her designee. The development services director or his or her designee may waive the requirement for a geotechnical report when the proposed project is so minor that it does not pose a threat to the public health, safety, and welfare.

The report shall be prepared by a registered civil engineer, geotechnical engineer, certified engineering geologist, or other licensed professional as authorized by the California Business and Professions Code.

1. Adequate description of the geology of the site including data regarding the nature, distribution and strength of existing soils.

2. Detailed subsurface investigation based on test borings.

3. Conclusions and recommendations regarding the effect of geologic conditions on the proposed development, including structures, retaining walls and detention/retention facilities.

4. Conclusions and recommendations for grading procedures.

5. Design criteria for corrective measures when necessary.

6. Opinions and recommendations covering adequacy of the site to be developed.

7. Recommendations included in the report and approved by the development services director or his or her designee shall be incorporated in the grading plans or specifications.

G. Slope Analysis. The slope analysis shall include the natural topographic features showing the following slope categories and the acreage/square footage for each slope category:

Zero—twenty (20) percent

Twenty (20)—thirty (30) percent

Thirty (30) percent and over

The slope analysis shall generally be prepared at a scale no smaller than one inch equals two hundred (200) feet utilizing contour intervals of no more than ten feet. Exceptions may be granted by the development services director or his or her designee based on the size and slope of the property.

An overlay of the slope analysis and the proposed development indicating the location of proposed pads, structures, streets, driveways, retaining walls, drainage features and facilities, and any other site improvements, and all proposed grading including cut and fill lines and maximum slope heights and gradients shall be required.

H. Sectional Drawings. Sectional drawings through the site showing major natural features and neighboring structures in relation to the proposed development shall be required. Indicate the fill from the original grade, extent of any excavation, hillside cuts, screening, existing and proposed grades, and effects on views of development from neighboring properties, public parks, and public rights-of-way.

I. Visual Impact Analysis. When determined necessary by the development services director or his or her designee, a visual impact analysis shall be completed that analyzes the visual impact of the proposed development from critical vantage points.

Prior to application submittal, the development services director or his or her designee will evaluate the potential for adverse visual and aesthetic impacts from the following viewpoints within a five mile radius of the project site:

1. A property on or eligible for inclusion in the National or State Register of Historic Places.

2. State and city parks and designated open space areas, including public trail systems.

3. A highway or roadway designated or eligible for designation as scenic pursuant to the California Department of Transportation.

4. Public streets, highways and rights-of-way.

The exact points of view to be utilized for the visual impact analysis will be specified by the development services director or his or her designee prior to the project submittal. The distance of the viewpoints from the proposed project shall generally be no more than five miles and no less than one-half mile.

The visual impact analysis shall include story pole installation, color renderings, computer simulation, photomontage, scale model, or another graphic representation that accurately shows the scale, bulk and relationship of the proposed development to the topography and surrounding area, as determined by the development services director or his or her designee.

J. Issuance. The provisions of the Uniform Building Code (UBC) are applicable to grading and clearing permits. The development services director or his or her designee 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.

K. Provisions for Denial. A grading or clearing permit may be denied if the development services director or his or her designee determines that:

1. It is reasonably likely that the ultimate development of the land to be graded cannot occur without further grading requiring planning commission approval pursuant to the provisions of Section 15.08.060 of this chapter; or

2. a.

There is no approved development plan or environmental clearance under California Environmental Quality Act (CEQA) for the property to be graded, and

b. The proposed grading may substantially limit development alternatives for the property, and

c. Development of the property will require discretionary approvals (such as, but not limited to, a tentative subdivision or parcel map, a conditional use permit, or a planned development approval) by the city; or

3. The proposed grading will result in removing the lateral and subjacent support of the adjacent land, or otherwise endanger or constitute a hazard to other real property at a higher or lower elevation not necessarily adjacent or contiguous thereto, or to public sewers, drains, watercourses, streets, street improvements or other public property or result in seepage or slides, except upon condition that such damage or hazard shall be eliminated by the construction of necessary walls, cribs or other devices approved by the city engineer; or

4. The proposed grading is detrimental to the public health, safety or welfare; or

5. A hearing is required, unless the hearing body has approved the application after conducting the hearing and no appeal is filed.

L. Appeals. The development services director's or his or her designee's, denial of a grading permit pursuant to subsection K of this section may be appealed to the planning commission. The decision of the planning commission may be appealed to the city council. Such appeals shall follow the same procedures for use permit appeals in accordance with the provisions of Sections 17.92.030 et seq. of Chapter 17.92.

(Ord. 07-183 § 4 (part))

(Ord. No. 19-273, § 3, 3-5-2019)

The amount of the plan-checking and inspection fees for grading plans shall be as set forth by resolution or ordinance of the city council of the city of Shasta Lake.

(Ord. 07-183 § 4 (part))

The development services director or his or her designee may require a surety bond or instrument of credit in such form and amounts as may be deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions.

(Ord. 07-183 § 4 (part))

A. That period between October 1 and the following April 30 is found and determined to be the period in which heavy rainfall normally occurs in the city. During this period, no clearing or grading in excess of two hundred fifty (250) cubic yards may be commenced on any single site if the city engineer or public works director determines by visual inspection that such work will endanger the public health and safety or is otherwise prohibited by state or federal regulations.

B. If work is allowed during the wet weather season, the permit shall include a sample rain event action plan (REAP) which shall be approved by the development services director or his/her designee, the public works director and the city engineer prior to commencement or continuation of work. The sample REAP shall be updated as needed to reflect the forecast severity of each rain event, as well as the current state of site-wide erosion control measures.

C. Erosion control measures, in accordance with the approved SWPPP or BMP schedule, shall be in place at all times during construction, especially during the wet weather season. If a fifty-percent or greater chance of precipitation is forecast for the work area by the National Oceanic and Atmospheric Administration (noaa.gov), all elements of the event-specific REAP shall be implemented on the work site under the direction of the qualified SWPPP practitioner (QSP). All additional materials necessary to implement the event-specific REAP shall be on site prior to commencement of work.

(Ord. 07-183 § 4 (part))

(Ord. No. 15-240, § 1, 7-7-2015)

A. General. All construction or work for which a permit is required shall be subject to inspection by the city pursuant to Section 15.08.130(E) of this chapter. Failure by the property owner or his/her designated representative to provide required inspections and supervision shall be grounds for revocation of the permit. Prior to closing the clearing or grading permit, a final inspection shall be made of all construction or work for which the permit has been issued, pursuant to Section 15.08.160 of this chapter.

B. Exposure of Work. Whenever any work on which called for inspections are required as specified in this section is covered or concealed by additional work without having first been inspected, such work shall be exposed at the property owner's sole expense for examination.

C. Notice. The property owner or his/her designated representative shall notify the public works department twenty-four (24) hours in advance of the time when the grading operation is ready for each of the following inspections:

1. Preconstruction Inspection. When the permittee is ready to begin work but before any grading or brushing is started.

2. Clearing and Grubbing Inspection. After the natural ground is exposed and prepared to receive fill but prior to the placement of any fill.

D. Inspections and Reports.

1. The city shall inspect the project at the various stages of the work requiring approval and at any more frequent intervals necessary to determine that adequate control is being exercised by the professional consultants.

Certain types of work determined by the development services director or his/her designee or by the city engineer to be likely to endanger or create a hazard to other property shall have either continuous or constant inspection and supervision during all critical periods by a civil engineer, qualified SWPPP practitioner, geotechnical engineer, engineering geologist, or other licensed professional, at the property owner's expense, as required by the city engineer.

2. The property owner or his/her designated representative shall provide sufficient professional supervisory control by the geotechnical engineer during the grading operation to ensure compliance with the approved plans and specifications and the provisions of this chapter. This shall include, but need not be limited to, supervision of the grading operation and inspection of cleared areas and benches prepared to receive fill and removal of all unsuitable soil and material, recommendations with respect to spring locations, groundwater and earth material conditions, the bearing capacity of the fill to support structures, the placement and compaction of fill materials, and the inspection of buttress fills, subdrains and similar devices.

E. Notification of Noncompliance. If, in the course of fulfilling his/her responsibility under this chapter, the civil engineer, geotechnical engineer, engineering geologist or other licensed professional as authorized by the California Business and Professions Code 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 person in charge of the grading work and to the development services director or his/her designee. Recommendations for corrective measures, if necessary, shall be submitted.

F. Transfer of Responsibility for Approval. If the civil engineer, the geotechnical engineer, the engineering geologist, or other licensed professional as authorized by the California Business and Professions Code is changed during the course of the work, the work shall be stopped until the replacement has provided written notice to the city to accept the responsibility within the area of his/her technical competence for approval upon completion of the work.

(Ord. 07-183 § 4 (part))

(Ord. No. 15-240, § 1, 7-7-2015)

If at any stage of work on an excavation or fill the city engineer or public works director determines that the work is or is likely to become dangerous or is likely to endanger any property, public or private, it shall be his or her duty to require safety precautions to be immediately taken as a condition to continuing such permit work or to require immediate cessation unless and until it is made safe and to amend the plans for such work. After receiving such notice, oral or written, it is unlawful for the permittee or any person to proceed with such work contrary to said order. As soon as possible the public works director shall make a report outlining the conditions observed and the pertinent soil, geological and engineering information and shall mail or deliver a copy thereof to the permittee, but such order shall not be contingent upon the preparation or delivery of a report in those cases where hazard requires prompt action.

(Ord. 07-183 § 4 (part))

A. The permittee and his or her agents shall not deviate from the grading plans and specifications without the written approval of the official or body which granted final approval to the original permit.

B. The public works director or city engineer may require permittee to modify the grading plan, erosion control plans, and maintenance methods and schedules. The public works director shall notify the permittee in writing of the requirement and specify a reasonable period of time within which permittee must comply.

(Ord. 07-183 § 4 (part))

A. Final Reports. Upon completion of the rough grading work prior to any fine/precise grading, and at the final completion of the work, the development services director or his or her designee may require the following reports, drawings, and supplements thereto:

1. A record grading plan prepared by the project's civil engineer or other licensed professional as authorized by the California Business and Professions Code, including original ground surface elevations, as-graded ground surface elevations, lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities. The project civil engineer or other authorized licensed professional shall certify in writing that the work was done in accordance with the final approved grading plan.

2. A soil grading report prepared by the geotechnical engineer or other licensed professional as authorized by the California Business and Professions Code, including locations and elevations of field density tests, summaries of field and laboratory tests and other substantiating data and comments on any changes made during grading and their effect on the recommendations made in the geotechnical engineering investigation report. The geotechnical engineer or other authorized licensed professional shall certify in writing as to the adequacy of the site for the intended use.

3. A geologic grading report prepared by the engineering geologist including a final description of the geology of the site including any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. The engineering geologist shall certify in writing as to the adequacy of the site for the intended use as affected by geologic factors.

B. Notification of Completion. The permittee or his or her agent shall notify the city public works department 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 erosion-control measures have been completed in accordance with the final approved grading plan, the required reports, and the record grading plan have been submitted.

(Ord. 07-183 § 4 (part))

A. Routes. In cases where the public works director designates the haul routes, such designation of routes shall take into consideration the most practical means of transporting the earth materials to and from the grading site consistent with the safety and welfare of residents along the routes.

B. Maintenance of Roadways. All public roadways used by the permittee shall be maintained free from all dust, dirt, and debris caused by the grading operations. The public works director may require a cash deposit or other financial surety from the permittee to cover any costs of roadway maintenance incurred by the city which are directly attributable to the permittee's grading operation. The amount of the cash deposit or financial security shall be determined by the public works director. The cash deposit or other financial surety or any unused portion thereof shall be refunded to the permittee after the grading permit has been closed.

C. Spillage. All vehicle loads shall be trimmed and watered or otherwise secured so as to prevent spillage from the equipment.

D. Equipment. In no event shall any export or import of earth materials to and from a grading site over dedicated and improved streets in the area be undertaken or conducted except by use of equipment which complies in all respects with the State Vehicle Code.

(Ord. 07-183 § 4 (part))

The following are expressly declared to be unlawful:

A. Any failure to comply with the provisions of this chapter by any person;

B. Any clearing, grading, excavation, or fill which is done without first having obtained a permit in accordance with the provisions of this chapter;

C. Any failure by the permittee, or his or her agents, or anyone acting for the permittee, to comply with the terms, conditions, specifications, or limitations contained in a duly issued grading permit;

D. After work has been started by the permittee under a duly issued grading permit, any failure by the permittee to complete the work authorized by the permit;

E. Any quantity of clearing, grading, fill, or excavation upon the property of another without the property owner's permission;

F. Continuation of a violation described in subsection A, B, C, D, or E of this section, beyond the end of one day, shall be considered a separate violation for each day or portion of the last day on which it is continued.

(Ord. 07-183 § 4 (part))

A. Declaration. The condition of the land which results from any unlawful clearing, grading, excavation, or fill is expressly declared to be a public nuisance. (Government Code Section 38771).

B. Notice. Whenever the development services director or his or her designee is advised that a nuisance exists pursuant to this section, he or she shall immediately notify the property owner and issue a stop-work order and/or an order providing for abatement of the nuisance and/or may refer the nuisance to the planning commission.

C. Responsibility. The property owner shall be responsible for the control of conduct on the property so as to prevent any unlawful clearing, grading, excavation, or fill. If any unlawful clearing, grading, excavation, or fill takes place on the property, the property owner shall alleviate the nuisance thereby created and: (1) restore the land to its preexisting condition to the greatest extent practicable, or (2) take such remedial action as may be required by the development services director or his or her designee, the planning commission (after abatement hearing), or city council (after appeal) to remove and abate the nuisance.

D. Relief from Nuisance Abatement Enforcement. The property owner may apply for relief by making a written request to the development services director in conjunction with an application for a clearing or grading permit. If a permit is issued, enforcement remedies to abate the nuisance shall be stayed pending performance under the permit, provided that: (1) the nuisance has not yet been abated by the city, and (2) any permit issued after an appeal before the planning commission, or city council shall conform to the order of such body without requirement of a further public hearing on the permit, and (3) only one permit may be issued pursuant to this section. Relief from nuisance abatement enforcement remedies shall not stay enforcement or relieve liability for fines under Section 15.08.200(A) of this chapter.

(Ord. 07-183 § 4 (part))

The following penalties and remedies are accumulative and not exclusive of any other penalties or remedies allowed by law:

A. Fines.

1. Any persons who are found to have violated the provisions of this chapter with respect to grading, excavation, or fill may be held jointly and severally liable for payment of a fine made payable to the city in accordance with the amount of acreage of land which was unlawfully graded, excavated, or filled. The amount of the fine shall be:

2. Any persons who are found to have violated the provisions of this chapter with respect to clearing may be held jointly and severally liable for payment of a fine in accordance with the amount of acreage of land which was unlawfully cleared. The amount of the penalty shall be:

3. Any persons who are found to have violated the conditions of a duly issued permit for grading, excavation, fill, or clearing, such that the magnitude of the violation cannot be measured by the amount of acreage disturbed may be held jointly and severally liable for payment of a fine of five thousand dollars ($5,000.00).

4. The development services director or his or her designee may order that further development, other than erosion control and corrective action or site restoration measures, be suspended for up to five years from the date of satisfactory completion of all corrective action or site restoration work.

B. Denial of Other Permits. No building permit, water, sewer, or electrical permit, or any other permit shall be issued by the city to any person for any premises or portion thereof which is in violation of this chapter and which violation is not corrected or approved for correction by the development services director or his or her designee.

C. Nuisance Abatement/Enforcement.

1. Appeal to the Planning Commission. Within ten days following a finding of a nuisance and issuance of an order by the development services director or his or her designee, an aggrieved property owner may appeal the decision by filing a written request to the clerk of the planning commission, together with a nonrefundable fee of two hundred dollars ($200.00) for processing the appeal. Said appeal does not release the property owner of complying with any stop-work order or order of abatement.

2. Appeal to City Council. Within ten days following a finding of a nuisance and issuance of an order by the planning commission, an aggrieved property owner may appeal the decision by filing a written request with the city clerk detailing the objections to the finding and order, together with a nonrefundable fee of two hundred dollars ($200.00) for processing the appeal. On appeal, the city council shall receive a report from the planning commission setting forth the basis for the finding and order, together with such relevant evidence as may be allowed on the issues raised by the appeal. Following hearing on the appeal, the city council may uphold or reverse the decision of the planning commission, or modify the remedial action necessary to abate the nuisance; and the city council shall authorize the mayor to immediately issue an order in accordance therewith. The order of the city council shall be final.

3. Resolution Ordering Abatement—Service. If the planning commission or city council orders abatement of the nuisance, a copy of the order directing the public works department to abate the nuisance after thirty (30) days shall be served upon the property owner in accordance with the provisions of this subsection. Any property owner shall have the right to comply with the order by: (1) restoring the property to its preexisting condition to the greatest extent practicable, or (2) taking such remedial action specified in the order to remove or abate the nuisance, at his or her own expense, provided it is done in conformance with Section 15.08.190(C) of this chapter prior to the expiration of the thirty (30) days.

4. Abatement Costs—Accounting. The public works department shall keep an account of the costs, including incidental expenses, of abating the nuisance on each separate lot or parcel of land where the work has been done, and shall render an itemized report in writing to the city council showing the cost of the work on each separate lot or parcel of land; provided that before the report is submitted to the city council, a copy of the report and notice shall be served upon the owner of the property in accordance with the provisions of this section at least five days prior to submitting the report to the city council. Proof of service shall be made by affidavit or declaration and filed with the city clerk. The term "incidental expenses" shall include, but not be limited to, the expenses and costs of the city in the preparation of notices, service of notices, specifications and contracts, inspecting the work, and the costs of printing and mailing required by this chapter.

5. Abatement Costs—Final Determination. At the date and time fixed for receiving and considering the report referred to in this section, the city council shall hear and pass upon the report of the public works department, together with any objections or protests which may be raised by any persons potentially liable or property owners liable to be assessed for the work of abating the nuisance and any other interested persons. Thereupon, the city council may make such revision, correction, or modification in the report as it may deem just, after which by resolution the report, as submitted or as revised, corrected or modified, shall be confirmed, provided that a hearing or consideration may be continued from time to time. The decision of the city council on all protests and objections which may be made shall be final and conclusive.

6. Abatement Costs—Assessment. The amount of the cost for abating the nuisance upon the various lots or parcels of land, as confirmed by the city council, shall constitute special assessments against the respective lots or parcels of land, and as thus made and confirmed shall constitute a lien on the property for the amount of the assessments, respectively. After the confirmation of the report, a copy shall be turned over to the county assessor and tax collector, acting for city, whereupon it shall be the duty of the assessor and tax collector to add the amounts of the respective assessments to the next regular bills of taxes levied against the respective lots and parcels of land for municipal purposes, and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.

7. Emergency Abatement. When it comes to the attention of the public works department that a nuisance exists which is determined to be of imminent danger of causing rocks, soil, sediment, or debris in any form to fall, slide, or flow onto adjoining properties, watercourses, public property, or floodplain, the department may immediately perform corrective work, either with city crews or by contract, notwithstanding the other provisions of this subsection.

8. Right of Entry. Whenever necessary to enforce the provisions of the chapter, city staff may enter the premises at all reasonable times in the manner provided by law to perform any duty imposed by this chapter. If such entry is refused, the development services director or his or her designee shall have recourse to every remedy provided by law to secure entry.

(Ord. 07-183 § 4 (part))

A. The criteria listed below are to be adhered to in the preparation of grading plans. In addition, these criteria are intended to reflect and implement the goals and policies of the Shasta Lake general plan relating to the protection of the natural resources of the city. Proposed grading designs will be compared to these criteria and, therefore, project proponents shall meet with city staff to discuss development and grading concepts prior to submittal of formal permit applications.

1. No extensive development or grading shall occur on slopes of thirty (30) percent or greater. Small isolated areas of slope over thirty (30) percent will be reviewed by the development services director or his or her designee and shall be approved by the planning commission only for the construction and installation of roads and utilities where it can be shown to be sensitive to the existing terrain. Development of garage pads and other limited pad grading for dwelling units on slopes over thirty (30) percent will be considered only outside of hillside areas where it can be shown to be sensitive to the existing terrain and when designed according to the design criteria stipulated in subsection (A)(2) of this section.

2. Grading on natural slopes of twenty (20) percent to thirty (30) percent shall be permitted only for the construction and installation of roads, driveways, utilities, garage pads and other limited pad grading for dwelling units where it can be shown to be sensitive to the existing terrain and shall be designed according to the following:

a. Proposed structures shall utilize split pads, stepped footings and grade separations in order to conform to the natural terrain. Detaching parts of a dwelling such as a garage, utilizing below grade rooms, and using roofs on lower levels for the deck space of upper levels shall be considered. Other structural designs such as stilt or cantilevered foundations and earth-sheltered or earth-bermed buildings which fit the structure to the natural contours and minimize grading may be considered on a case-by-case basis. Deck construction with excessively high distances between the structure and grade shall be avoided;

b. Rear yards shall not exceed twenty (20) feet measured parallel to the slope if such yard requires a grading exception;

c. Accessory structures, swimming pools, tennis courts, and similar uses shall not be constructed if such construction requires a grading exception.

3. Cuts.

a. General. Unless otherwise recommended in the approved geotechnical report, cuts shall conform to the provisions of this section. In the absence of an approved geotechnical report, these provisions may be waived by the development services director or his or her designee for minor cuts not intended to support structures.

b. Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use. Cut slopes shall be no steeper than two is to one. If steeper slopes are supported by a geotechnical engineer or engineering geologist, the city engineer shall consider and may approve, or recommend approval by the planning commission, a steeper slope but shall not be bound by such report if he or she determines the public safety would be endangered. Reasonable justification (such as to avoid blasting rock or to preserve protected trees) shall be given for any cut slope proposed to be steeper than two is to one.

4. Fills.

a. General. Unless otherwise recommended in the approved geotechnical report, fills shall conform to the provisions of this section. In the absence of an approved geotechnical report, these provisions may be waived by the development services director or his or her designee for minor fills not intended to support structures.

b. Fill Location. Fill slopes shall not be constructed on natural slopes steeper than two is to one.

c. Preparation of Ground. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials, and scarifying to provide a bond with the new fill, and where natural slopes are steeper than five is to one and the height is greater than five feet, by benching into sound bedrock or other competent material as determined by the geotechnical engineer or other qualified professional.

The bench under the toe of a fill on a slope steeper than five is to one shall be at least ten feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. Where fill is to be placed over a cut, the bench under the toe of fill shall be at least ten feet wide but the cut must be made before placing fill and approved by the geotechnical engineer as a suitable foundation for fill.

d. Fill Material. No organic material shall be permitted in fills. No rock or similar irreducible material with a maximum dimension greater than six inches shall be buried or placed in fills unless otherwise recommended by the geotechnical engineer or other qualified professional. Unsuitable soil is soil which, in the opinion of the city engineer or geotechnical engineer is not competent to support other soil or fill, to support structures, or to satisfactorily perform the other functions for which the soil is intended.

Exception. The city engineer may permit placement of larger rock when the geotechnical engineer properly devises a method of placement, continuously inspects its placement and approves the fill stability. The following conditions shall also apply unless modified by the development services director or his or her designee:

i. Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan;

ii. Rocks shall be placed so as to ensure filling of all voids with fines.

e. Old Fills. All old/existing fills shall be tested by either a geotechnical engineer or other qualified professional and a written declaration made as to the adequacy of the fill to support the proposed structures; or the old/existing fill shall be either removed and recompacted or removed from the site.

f. Compaction. All fills shall be compacted to a minimum of ninety (90) percent of maximum density as determined by AASHTO T-180, correction for oversize material in accordance with AASHTO T-224 or other approved testing method giving equivalent test results.

g. Field Density Testing. A field density test shall be taken for each two feet of fill or portion thereof, measured vertically from the lowest point of the area to be filled and for each one thousand (1,000) cubic yards of fill placed. In addition, in the case of subdivisions, at least one field density test shall be taken on each platted lot which receives fill. Slope face test shall be required at one test per one thousand (1,000) square feet but at no greater vertical interval than ten feet.

h. Field Density Certification. All fills shall be tested for relative compaction (density). A certificate of compliance shall be submitted to attest to compliance with these standards. In addition, any fill proposed to support any structure, either immediately or in the future, shall be certified as to compliance with these standards, the geotechnical report, and Appendix Chapter 33 of the Uniform Building Code. All certificates of compliance shall be signed by a geotechnical engineer or other qualified professional and shall be approved by the city engineer.

5. Slope heights shall be limited to minimize impact on adjoining properties. The height of retaining walls incorporated in grading designs shall be included in calculating the overall slope height. Grading designs shall conform to the following criteria:

a. Fill slopes within fifty (50) feet of the property line shall be limited to five feet in height. Fill slopes in this location greater than five feet in height may be allowed, subject to the approval of the planning commission.

b. Fill slopes beyond fifty (50) feet from the property line shall be limited to twenty (20) feet in height unless an alternative design is approved by the planning commission.

c. Fill slopes adjacent to existing public and private streets shall be limited to ten feet in height unless an alternative design is approved by the planning commission.

d. Cut slopes within fifty (50) feet of the property line shall be limited to twenty (20) feet in height unless an alternative design is approved by the planning commission.

6. Setbacks.

a. General. The setbacks and other restrictions specified by this section are minimum and may be increased by the development services director or his or her designee or by the recommendation of the city engineer, civil engineer, geotechnical engineer, engineering geologist, or other qualified licensed professional if necessary for safety and stability or to prevent damage of adjacent properties from deposition or erosion or to provide access for slope maintenance and drainage. Retaining walls may be used to reduce the required setbacks when approved by the city engineer, civil engineer, structural engineer or other qualified licensed professional as deemed appropriate by the development services director or his or her designee.

b. Unless otherwise recommended and shown on the approved grading plan, setbacks shall be no less than shown on Figure 1.

c. Top of Cut Slope. The top of cut slopes shall not be made nearer to a site boundary line than one-fifth of the vertical height of cut with a minimum of two feet and a maximum of ten feet. The setback may need to be increased for any required interceptor drains as determined by the city engineer.

d. Toe of Fill Slope. The toes 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 and a maximum of twenty (20) feet. 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 city engineer deems necessary to protect the adjoining property from damage as a result of such grading. These precautions may include but are not limited to:

i. Additional setbacks.

ii. Provision for retaining walls.

iii. Mechanical or chemical treatment of the fill slope surface to minimize erosion.

iv. Provisions for the control of surface waters.

Figure 1. Grading Setbacks

[Figure]

7. Drainage.

a. General. Unless otherwise indicated on the approved grading plan, drainage facilities shall conform to the provisions of this section.

b. Natural drainage courses shall be preserved, enhanced, and incorporated as an integral part of the project design to the extent possible. Where required, drainage channels and brow ditches shall follow the existing drainage patterns to the extent possible. They shall be placed in inconspicuous locations and receive a naturalizing treatment including native rock, natural materials, colored surfaces, and landscaping, so that the structure appears as an integral part of the environment.

c. Drainage. Swales or ditches shall be installed to the satisfaction of the city engineer.

d. Subsurface Drainage. Cut-and-fill slopes shall be provided with subsurface drainage as necessary for stability and as recommended and approved by a geotechnical engineer or engineering geologist.

e. Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainageway approved by the city engineer and/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 development services director or his or her designee.

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

i. No proposed fills are greater than ten feet in maximum depth;

ii. No proposed finish cut or fill slope faces have a vertical height in excess of ten feet;

iii. No existing slope faces, which have a slope face steeper than ten is to one, have a vertical height in excess of ten feet.

f. Interceptor Drains. Paved interceptor drains shall 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 (40) feet measured horizontally. Interceptor drains shall be paved with a minimum of three inches of concrete or gunite and reinforced. They shall have a minimum depth of twelve (12) inches and a minimum paved width of thirty (30) inches measured horizontally across the drain. The slope of drain shall be approved by the city engineer, civil engineer, or other licensed professional as authorized by the California Business and Professions Code, as determined by the development services director or his or her designee.

8. Erosion Control.

a. All construction projects involving site grading shall include erosion control plans prepared by a registered civil engineer, Qualified SWPPP developer, or other licensed or certified stormwater professional as applicable. Projects that disturb less than one acre of area may utilize an erosion control handout issued by the city.

b. Temporary and permanent erosion control devices, designed and constructed in accordance with the California Stormwater Quality Association (CASQA) BMPs and the city of Shasta Lake Construction Standards, shall be provided to control erosion at all times. The erosion control plan shall contain the following information:

i. A delineation and description of the measures to be undertaken to retain sediment on the site, including, but not limited to, the designs and specifications for sediment detention basins and traps, and a schedule for their maintenance and upkeep;

ii. 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 installation, maintenance, and upkeep;

iii. A delineation and brief description of the vegetative measures to be used, including, but not limited to, types of seeds and fertilizer and their application rates, the type, location, and extent of pre-existing and undisturbed vegetation types, and a schedule for installation, maintenance, and upkeep.

iv. The location and detail of all the measures listed by the applicant under this section shall be depicted on the grading plan or on a separate plan at the discretion of the city engineer.

v. An estimate of the cost of implementing and maintaining all erosion- and sediment-control measures shall be submitted to the development services director or his/her designee.

vi. The applicant may propose the use of any erosion- and sediment-control techniques in the plan for approval by the city engineer and public works department, provided such techniques are proven to be as or more effective than the equivalent CASQA BMPs.

c. The project owner shall provide sufficient equipment and qualified personnel to conduct emergency erosion control methods at all times as identified in the SWPPP and/or erosion control plan. A twenty-four (24) hour emergency contact person and telephone number shall be provided to the development services director or his/her designee.

d. The project owner shall be responsible for continual maintenance and inspection of all erosion control systems. In the event of failure or refusal by the project owner to properly maintain the system, the development services director or his/her designee may cause emergency maintenance work to be done to protect public and private property. The cost shall be charged to the property owner.

e. In the event that the development services director or his/her designee must authorize emergency maintenance work to be done, he/she may revoke the grading permit by written notice to the property owner. The permit shall not be reissued until the erosion control system is reviewed and any necessary revisions completed as approved by the development services director or his/her designee.

f. All erosion-control facilities shall be fifty (50) percent complete by September 1, eighty (80) percent complete by September 15, and one hundred (100) percent complete and fully operational by October 1 of any year. In addition, all facilities shall be maintained fully operational until May 15th of the following year. The erosion-control devices shall be inspected during and between rainfall events and repaired as necessary. Identified sites experiencing erosion shall be scheduled for corrective action no later than the next day.

9. Grading shall be limited to the extent possible and designed to retain the shape of the natural landform (see Figure 6). Padded building sites are allowed, but site design and architecture techniques shall be used to mitigate the need for large padded building areas.

10. Contour Grading. Contour grading techniques shall be used to provide a variety of both slope percentage and slope direction, except when such approach requires a substantial increase in grading and slope heights, or is not deemed appropriate by the public works director or city engineer. When utilized, contour grading shall conform to the following:

a. Hard edges left by cut and fill operations shall be given a rounded appearance that closely resembles the natural contours of the land. The angle of any graded slope shall be gradually transitioned to the angle of the natural terrain. Creation of new graded slopes, significantly steeper than local natural slopes shall be minimized (see Figure 2).

b. When space and proper drainage requirements can be met, the toe and crest of any slope in excess of ten feet vertical height shall be rounded with vertical curves of radii no less than five feet designed in proportion to the total height of the slope, as approved by the city engineer (see Figure 3).

The setbacks from such slope shall be determined as shown on Figure 1. When slopes cannot be rounded, drought-tolerant vegetation shall be used to alleviate a sharp, angular appearance.

c. Manufactured slopes shall blend with naturally occurring slopes at a radius compatible with the existing natural terrain (see Figure 3).

d. Manufactured slopes shall be screened from view under or behind buildings or by intervening landscaping or natural topographic features. Where possible, grading areas shall be designed with manufactured slopes located on the uphill side of structures, thereby hiding the slope behind the structure (see Figure 4).

11. Retaining walls shall be designed with smooth, continuous lines that conform to the natural hillside profile to the extent possible (see Figure 5).

12. Preservation of Natural and Cultural Features. Grading designs shall be sensitive to natural topographic, cultural, or environmental features, as well as protected trees, and sensitive biological species and habitat. The following features shall be preserved in permanent open space easements, or such other means which will ensure their preservation:

a. Riparian areas, mitigation areas, and areas with sensitive topography, vegetation or habitat;

b. Other unique or unusual geographic features;

c. Significant cultural or historical features.

13. All development shall be sited to avoid potentially hazardous areas and environmentally sensitive areas as identified in the open space element of the general plan or as part of the environmental review, as well as to avoid dislocation of any unique or unusual geographic features (see Figure 6).

Figure 2. Contour Grading

[Figure]

Figure 3. Contour Grading

[Figure]

Figure 4. Slope Screening

[Figure]

Figure 5. Retaining Walls

[Figure]

14. Landscaping of Manufactured Slopes.

a. All manufactured slopes steeper than two is to one shall be protected and landscaped as required by the planning commission.

b. High slopes (over twenty (20) feet) shall be screened with appropriate landscaping and efforts shall be made in the plotting of structures to screen slopes to the maximum extent possible.

c. Drought-tolerant and native species shall be utilized wherever possible to minimize water usage.

15. Dissimilar Land Uses. Where dissimilar land uses are located adjacent to one another, grading shall be designed so as to buffer or screen one use from the other. In this regard, the location, height, and extent of proposed grading shall be compatible with adjacent uses and screening measures including fences, walls, mounding, and extensive landscaping shall be utilized wherever needed.

(Ord. 07-183 § 4 (part))

(Ord. No. 15-240, § 1, 7-7-2015)

A. Definition. For purposes of this section, "hillside development" means all residential development within a hillside area, including a major or minor subdivision, or new construction of a single- or multifamily development.

(Ord. 07-183 § 4 (part))

A. The hillside development regulations shall not apply to the following types of projects:

1. Repair or reconstruction of existing homes damaged or destroyed by fire or other cause;

2. Projects for which a grading or building permit was issued prior to the effective date of the ordinance codified in this chapter, which permit was still valid as of said effective date and which has not since expired;

3. Grading necessary to correct a slope failure or other ground failure if such correction is deemed by the development services director or his or her designee to be an emergency (i.e., a situation where life and/or property is threatened). Such corrections might include buttressing or replacement of a slope failure, repair of earthquake damage, removing a slide from a roadway, or similar actions;

4. All public roads identified in the circulation element of the Shasta Lake general plan, provided that findings of fact are made that no less environmentally damaging alternative alignment or nonstructural alternative measures or combination of measures exist;

5. Local public streets or private roads which are necessary for access to the portion of the site to be developed on slopes of less than thirty (30) percent provided no less environmentally damaging alternative exists;

6. Trails for passive recreational use according to the approved parks master plan;

7. Development of public utility systems, not including private antennas, provided that findings of fact are made that the least environmentally damaging site or alignment has been selected;

8. Final maps recorded, and tentative maps and parcel maps approved and/or deemed complete prior to the date of adoption of the ordinance codified in this chapter. However, development, grading, and landscaping that has not been specifically approved with the approved map shall be reviewed for compliance with these regulations to the extent possible within the framework of the approved plans.

(Ord. 07-183 § 4 (part))

A. The following information shall be submitted for approval of a hillside development:

1. All items included in Section 15.08.090 of this chapter.

2. Location of building envelopes and driveways pursuant to Section 15.08.270(A)(6) of this chapter.

3. Indication of which lots will utilize slab on grade foundations and which will utilize pole, step or other such foundation system to minimize grading.

4. For all newly constructed single-family homes on existing lots, building and grading plans shall be submitted at the same time.

5. Any additional or other specific information determined by the development services director or his or her designee to be relevant to the applicant's proposal.

(Ord. 07-183 § 4 (part))

(Ord. No. 15-240, § 1, 7-7-2015)

A. Prior to the approval of a project within a hillside development area, all of the following findings shall be made in addition to any other applicable findings:

1. The bulk, scale, density, and overall character of the proposed development is compatible with the surrounding neighborhood and with the natural, cultural, scenic and open space resources of the area; and

2. The location and design of the proposed development respects and preserves the natural landform, vegetation, and wildlife of the project site; and

3. The location and design of the proposed development does not substantially alter the natural appearance and land form of the hillsides and ridgelines; and

4. The location and design of the proposed development will protect the safety of current and future residents, and will not create a significant threat to life and property due to slope instability, fire, flood, mud flow, erosion, or other hazards; and

5. All grading associated with the proposed development has been minimized to the extent possible, preserving the character of the property while utilizing appropriate erosion control practices as determined by the development services director or his or her designee to avoid erosion, slides, or flooding, in order to have as minimal an effect on said environment as practicable.

(Ord. 07-183 § 4 (part))

A. For projects within skyline ridges and ridgelines, a density transfer may be granted in order to protect sensitive natural resources, avoid hazardous areas, or preserve the natural appearance of skylines and ridgelines. In considering such density transfer, the following standards shall apply:

1. Density transfer shall be permitted only when it preserves skylines, ridgelines, or sensitive habitat or when it provides a community benefit, as determined by the planning commission. Cluster development shall avoid sensitive cultural or biological resources.

2. Allowed density transfer shall be four units per acre of skyline or ridgeline, or sensitive habitat open space areas.

3. When density is to be transferred outside the hillside area to the remaining portion of the property, the total allowable density shall be calculated by multiplying the size of the area of open space by the allowed density transfer (four units per acre) to determine the total number of residential units that can be transferred from the hillside area. The density transfer shall be in addition to the maximum density identified in the general plan, but the overall average density of the site shall not exceed the maximum allowable density identified in the general plan. Any resulting fractional remainders shall be rounded down.

4. As a condition of approval for density transfer, a deed restriction that assures permanent retention of the density transfer land area as open space shall be recorded with the Shasta County recorder concurrently with recordation of a final map or parcel map. A note shall also be placed on the face of the map to notify future property owners of any restrictions.

(Ord. 07-183 § 4 (part))

A. The standards provided within this section are in addition to the provisions of Section 15.08.210 of this chapter. The following provisions shall apply to all hillside development. Additional design standards for skyline ridges and ridgeline areas are specified under Section 15.08.340 of this chapter. The planning commission may approve modifications to these requirements upon demonstration that any such proposed modifications represent a desirable integration of both site and unit design.

1. Unless a density transfer is granted pursuant to Section 15.08.310 of this chapter, maximum allowable density within hillside areas, not including skyline areas and ridgelines, shall be as specified by the general plan. Minimum lot size shall be as specified by the zoning code.

2. Within single-family districts, a usable rear yard of at least fifteen (15) feet from building to slope shall be provided. Within multiple-family districts, a usable rear yard of at least ten feet from building to slope shall be provided. This requirement may be modified to the extent that equal usable area is provided elsewhere on the lot, other than within the required front yard, such as usable open space provided on a deck, and it is demonstrated that the unit is designed to relate to the lot design.

3. Within single-family districts where a twelve (12) foot side yard is required, at least six feet of said side yard shall be usable as defined by this code.

4. Retaining walls may not be used within required usable side or rear yards unless approved by the development services director or his or her designee. Retaining walls so used will be counted as part of the total permitted slope height.

5. No cuts or fills higher than six feet shall be allowed within hillside areas unless an alternative design is approved by the planning commission.

6. Each new lot created shall designate a building envelope that indicates where existing trees and natural vegetation may be removed and soil disturbed for the purpose of a building footprint, parking, driveway access and other accessory uses. No building envelope shall exceed ten thousand (10,000) square feet or no more than fifty (50) percent of the lot, whichever is less. However, a building envelope may exceed the maximum allowable size to the extent necessary for construction of a driveway longer than fifty (50) feet to reach a building envelope or when determined appropriate by the planning commission. There shall be no disturbance of the natural terrain or vegetation outside the building envelope.

7. Minimum lot width at the proposed building site shall be one hundred (100) feet. Minimum lot width at the property's street frontage shall be as specified by the underlying zoning.

8. Grading must be designed to preserve natural features such as knolls or ridgelines. The top of a prominent hilltop, knoll, or ridge may be graded to create a building pad only when approved by the planning commission.

9. The use of retaining walls, plantable walls, and terraced retaining structures is encouraged when such use can eliminate the need for extensive cut or fill slopes. Retaining walls shall typically have a height of five feet or less. Plantable walls shall be used instead of retaining walls above six feet in height. Terraced retaining structures shall be considered on an individual lot basis when their use can avoid the need for extensive manufactured slopes and retaining walls (see Figure 7).

10. Circulation shall be aligned to conform to the natural grades as much as possible within the limits of the city's street design standards (see Figure 9).

11. Grading for the construction of access roads or drainageways shall be minimized so that the visual impacts associated with said construction are mitigated to the greatest extent possible.

12. Common flaglot driveways shall be considered if grading is reduced by their use.

13. The construction of access roadways or driveways shall be accompanied by sufficient berming and landscaping/erosion control so that visual impacts associated with said construction are mitigated (see Figure 10).

14. If the development services director or his or her designee or the planning commission determines that no hazard to pedestrian or vehicular traffic will be created (e.g., a swing or curved driveway to the garage or carport, with entrance to the garage or carport facing the side yard), a garage or carport may be built to within five feet of the street right-of-way line, if:

a. The front half of the lot or building site slopes up or down from the established street grade at a slope of twenty (20) percent or greater;

b. The elevation of the front half of the lot or building site is more than four feet above established street grade. Such garage or carport may not extend across more than thirty (30) percent of the street frontage of the lot or building site, or more than fifty (50) feet, whichever is less.

15. Single-level residential structures shall be oriented such that the greatest horizontal dimension of the structure is parallel with, and not perpendicular to, the natural contour of the land unless an alternative design is approved by the planning commission (see Figure 11).

16. Building height shall be as permitted by the underlying zoning as measured from the natural grade at any point of the structure (see Figure 12).

17. Slope Ratios. Grading designs shall use a mix of different slope ratios—particularly where slope surfaces are easily visible from public streets. A mixture of two is to one, two and one-half is to one, three is to one, and flatter slope ratios shall be used to provide variety throughout the development.

(Ord. 07-183 § 4 (part))

A. The standards of Sections 15.08.210 and 15.08.260 of this chapter shall apply in addition to the standards specified in this section.

B. The maximum allowable density within skyline ridge and ridgeline areas shall be two units per acre. Minimum lot size shall be twenty thousand (20,000) square feet.

C. The minimum width of the lot measured parallel to the protected ridge at the proposed building site shall be no less than two hundred (200) feet (see Figure 13).

D. Only single-story structures or portions of multiple single-story-stepped structures designed to conform to the topography of the site shall be permitted to project above ridgelines a maximum of twenty (20) feet.

E. A structure may project above a skyline ridge only if it can be demonstrated with the visual impact analysis specified in Section 15.08.090(I) of this chapter that the proposed development will not substantially degrade the existing visual character or quality of the site and its surroundings or substantially damage scenic resources (e.g., scenic highways, trees, greenbelt areas, open space areas).

F. The slope of the roof shall be oriented in the same direction as the natural slope, and in developments that include a number of individual buildings, variation shall be provided to avoid monotony unless an alternative design is approved by the planning commission.

G. The natural contour and vegetation of the skyline ridge shall remain intact with development maintaining an undisturbed minimum setback of two hundred (200) feet measured horizontally from the center of the ridgeline on a topographic map, or fifty (50) feet measured vertically on a cross section, whichever is more restrictive (see Figure 14).

Lesser setbacks may be authorized if it can be demonstrated with the visual impact analysis specified in Section 15.08.090(I) of this chapter that the proposed development will not substantially degrade the existing visual character or quality of the site and its surroundings or substantially damage scenic resources (e.g., scenic highways, trees, greenbelt areas, and open space areas).

H. A deed restriction that assures permanent retention of the nondisturbance area along a skyline ridge or ridgeline identified pursuant to subsection G of this section shall be recorded with the Shasta County recorder concurrently with recordation of a final map or parcel map. The owner shall be responsible to retain, maintain, preserve, and protect the public views of these areas in their natural state without obstruction by structures. A nondisturbance deed restriction shall not prohibit construction of a public trails system, planting of vegetation, or clearing of brush which is necessary to reduce fire hazards. A note shall also be placed on the face of the map to notify future property owners of any restrictions.

I. Building materials and color schemes shall blend with the natural landscape and shall include earth tones for main and accessory structures, fences and walls. Reflective materials or finishes shall not be used. Specific lots for which specific building materials and color schemes shall apply shall be identified during the application process in conjunction with the visual impact analysis. Landscaping shall be utilized to recreate the

Figure 6. Sensitive Areas

[Figure]

linear silhouette and to act as a backdrop for structures. Trees that grow to at least one and one-half times the height of the structure shall be planted between buildings to eliminate the open gap and blend the rooflines into one continuous silhouette.

Figure 7. Use of Retaining Walls

[Figure]

Figure 8. Cut Slopes

[Figure]

Figure 9. Road Design

[Figure]

Figure 10. Screening Impacts

[Figure]

Figure 11. Structure Orientation

[Figure]

Figure 12. Building Height/Roof Slope

[Figure]

Figure 13. Site Distance/Lot Widths

[Figure]

(Ord. No. 10-213, § II, 10-19-2010; Ord. 07-183 § 4 (part))