Sierra Madre Municipal Code Ch. 15.48 Excavations and Grading

The purpose of this chapter is to safeguard life, limb, property and public welfare by establishing minimum requirements for regulating grading and procedures by which these requirements may be enforced.

(Prior code § 8200)

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

(Prior code § 8201)

For the purpose of this chapter, certain terms are defined as follows:

"Approved soil testing agency" is an agency regularly engaged in the testing of soils under the direction of a civil engineer experienced in soil mechanics (a soils engineer) when such agency has been approved by the city engineer.

"Bedrock" is the undisturbed rock underlying the surface soil.

"Civil engineer" means a professional engineer in the branch of civil engineering, holding a valid certificate of registration issued by the state of California.

"Engineering geologist" means a geologist duly qualified by the Los Angeles County Engineering Geologist Qualification Board to make investigations and prepare engineering geology reports required by this code. Where "geologist" is used in this chapter it means "engineering geologist."

"Existing grade" is the vertical location of the existing ground surface prior to excavating or filling.

"Fill" is deposits of soil, rock, or other materials placed by man.

"Finish grade" is the final grade or elevation of the building site.

"Grading" is any excavating or filling or combination thereof.

"Landscape architect" means a landscape architect licensed by the state of California.

"Person" includes individuals, firms, corporations and public agencies to the extent permitted by general law.

"Rough grade" is an approximate elevation of the ground surface conforming to the proposed design.

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

"Soil" is all earth material of whatever origin that overlies bedrock.

"Soils engineer" is a civil engineer experienced in soil mechanics who investigates and reports on the stability of existing or proposed slopes, controls the installation and compaction of fills, recommends soil bearing values and provides design criteria and calculations for special earth structures such as buttress fills.

"Supervising grading engineer" means the civil engineer responsible for the supervision of the grading in accordance with the requirements of Section 15.48.280.

(Prior code § 8202)

No person shall do any grading without first having obtained a grading permit as hereinafter specified, except for the following:

A. An excavation which (1) is less than two feet in depth, or (2) creates a cut slope less than five feet in height with less than a one and one-half horizontal to one vertical slope.

B. A fill (1) less than one foot in depth, and placed on natural terrain possessing a slope flatter than five horizontal to one vertical; or (2) less than three feet in depth, not intended to support structures, which does not exceed fifty cubic yards on any one lot and does not obstruct a drainage course.

C. An excavation below finished grade for basements and footings of a building, retaining wall, or other structure authorized by a valid building permit, provided the appurtenant structure is completed within six months. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structure.

D. Excavation or deposition of earth materials within a property which is dedicated or used, or to be used for cemetery purposes, except where such grading is within one hundred feet of the property line or intended to support structures.

(Prior code § 8203)

Except as exempted in Section 15.48.040, no person shall do any grading without first obtaining a grading permit from the city engineer.

A. Before the City Engineer shall issue any grading permit to import or export from any property in excess of ten percent of the total volume of materials to be graded thereon, he shall give ten days written notice of his intention to issue said permit to all persons residing within five hundred feet of the exterior boundary of said property.

B. If within said ten days the city engineer receives any protest relating to the health, welfare or safety of the community or of any individual person or property, he shall not issue said permit and instead shall set the matter for hearing before the city council upon ten days' notice to the applicant and to all persons residing within five hundred feet of the property. The purpose of such hearing shall be for the city council to consider any protest or objection to such proposed grading and to determine, based upon health, safety and welfare, whether said permit should be issued, and if it should be conditional.

C. At the time set for such hearing, the city council may summon witnesses and hear evidence relating to such application. It may also hear testimony of other competent persons respecting the character of the neighborhood in which the proposed grading is located; the kinds, nature, and extent of improvements; the quality or kinds of development to which the area is best adapted and any other phase of the matter with respect to which it may desire to inquire into. The council may continue the hearing from time to time. At the conclusion thereof, the council shall make its findings thereon and may grant or deny such application, or make such modifications with reference thereto as it may deem fit. The findings and order of the council shall be final and conclusive on applicant.

D. If no protest is received, the city engineer shall process such application in accordance with the provisions of this chapter.

E. A separate permit shall be required for each site, and may cover both excavations and fills.

F. Each application shall be made by, and issued to, the owner or an authorized agent of the owner of the property to be graded.

(Prior code § 8204(a))

With each application for a grading permit and when required by the city engineer for enforcement of any provisions of this code, two sets of plans and specifications shall be submitted. The plans shall be prepared and signed by a civil engineer licensed by the state and shall show the following:

A. A vicinity sketch or other data adequately indicating the site location;

B. Property lines of the property on which the work is to be performed, and each lot or parcel of land into which the site is proposed to be divided;

C. All of the proposed uses of the site and, if the site is to be divided, the proposed use of each lot or parcel of land;

D. Location of any buildings or structures on property where the work is to be performed, and the location of any building or structure on land of adjacent property owners which are within fifteen feet of the property;

E. Elevations, dimensions, location, extent and slope of all proposed grading shown by contours, cross sections or other means and location of any rock disposal areas, buttress fills or other special features, if such are proposed to be included in the work;

F. Accurate contours showing the topography of the existing grounds;

G. A certification of the quantity of excavation and fill involved and estimated starting and completion dates;

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

I. A statement of the estimated starting and completion dates for all work covered by the permit;

J. A statement signed by the owner acknowledging that a civil engineer, soils engineer and/or geologist will be employed to give technical supervision or make inspections of the work, whenever approval of the plans and issuance of the permit is to be based on the condition that such professional persons be so employed;

K. Any additional plans, drawings, or calculations required by the city engineer.

(Prior code § 8204(b))

Prior to issuance of a grading permit, the city engineer may require an engineering geological investigation, based on the most recent grading plan. The engineering geological report shall include an adequate description of the geology of the site, and conclusions and recommendations regarding the effect of geologic conditions on the proposed development.

All reports shall be subject to approval by the city engineer, and supplemental reports and data may be required as he may deem necessary. Recommendations included in the report and approved by the city engineer shall be incorporated in the grading plan.

(Prior code § 8204(c))

The city engineer may require a soils engineering investigation, based on the most recent grading plan. Such reports shall include data regarding the nature, distribution, and strength of existing soils, conclusions and recommendations for grading procedures, and design criteria for corrective measures.

Recommendations included in the report and approved by the city engineer shall be incorporated in the grading plan or specifications.

(Prior code § 8204(d))

A. Immediately upon the filing of an application for a permit to excavate or fill, a copy of such application shall be delivered to the city engineer.

B. The city engineer, in the course of plan checking, shall have an investigation made of the facts alleged in the application.

C. At the time applicant files such application for a permit to excavate or fill, pursuant to Section 15.48.050A, he shall also file with the city engineer a list of names and addresses of all owners of property within a radius of five hundred feet of the proposed exterior boundaries of the proposed excavation or fill as such names and addresses appear on the last equalized assessment roll of the city.

D. The city engineer may require supervision and certification by an approved soil testing agency based upon tests of the fill at selected stages. The applicant shall cause to be made, at his own expense, any tests required by the city engineer.

(Prior code § 8205)

The city engineer or city council, in granting or denying any application for a permit to grade, shall take into consideration the following:

A. The environmental assessment, negative declaration or environmental impact report if the same is prepared for the project;

B. All pertinent matters concerning the proposed grading which may affect the public health, safety, or general welfare of the district in which the grading is proposed to be made, including the exercising of reasonable and sound discretion by the applicant on the premises;

C. The application shall be denied if it shall appear from the investigation that such grading would remove the lateral and subjacent support of the adjacent lands, or would result in a dangerous topographic condition, or would result in seepage or slides, or would create or increase an attractive nuisance dangerous to the public safety, or would otherwise in any manner endanger the public health or safety, or be detrimental to the public welfare, despite all precautions which the applicant is willing, ready and able to take.

(Prior code § 8206)

A. General. The issuance of a grading permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit, or on the site plans and specifications approved.

B. Jurisdiction of Other Agencies. Permits issued under the requirements of this code shall not relieve the owner of responsibility for securing required permits for work to be done which is regulated by any other code, department or division of the governing agency.

C. Time Limits. The permittee shall fully perform and complete all of the work required to be done pursuant to the grading permit within the time limit specified. If no time limit is specified, the permittee shall complete the work within eighty days after the date of the issuance of the grading permit.

If the permittee is unable to complete the work within the specified time, he shall, prior to the expiration of the permit, present in writing to the city engineer a request for an extension of time, setting forth the reasons for the requested extension. If, in the opinion of the city engineer, such an extension is warranted, he may grant additional time for the completion of the work.

D. Storm Damage Precautions. All persons performing any grading operations shall put into effect all safety precautions which are necessary in the opinion of the city engineer and shall remove all loose dirt from the grading site and provide adequate anti-erosion and/or drainage devices, debris basins, or other safety devices to protect the life, limb, health, and welfare of private and public property of others from damage of any kind.

E. Conditions of Approval. In granting any permit under this code, the issuing authority may attach such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property. Such conditions may include but shall not be limited to:

1. Improvement of any existing grading to bring it up to the standards of this code;

2. Requirements for fencing of excavations or fills which would otherwise be hazardous;

3. Requirements as to the laying of dust, the prevention of noises and other results offensive or injurious to the neighborhood, the general public or any portion thereof;

4. A requirement that men and equipment be provided at the site during storms to prevent incomplete work from endangering life or property;

5. Restriction of the operation of equipment or conduct of any grading, excavation or fill including the export or import of earth material, between the hours of six p.m. and seven a.m. on any day nor on Sundays or holidays at any time, except in emergencies as provided in Section 15.48.290;

6. Designation of routes upon which materials may be transported, place and manner of disposal of excavated material and regulations as to the use of public streets and places in the course of the work;

7. Restriction on removal of natural vegetation ahead of the actual grading operation.

F. Liability. Neither the issuance of a permit under the provisions of this code, nor the compliance with the provisions hereof or with any conditions imposed in the permit issued hereunder, shall relieve any person from responsibility for damage to other persons or property, nor impose any liability upon the city for damage to other persons or property.

G. Insurance. A certified copy of the applicant's liability insurance and property damage coverage shall be submitted to the city engineer. The city engineer or city council shall, before issuing the permit, require that the applicant for a permit file a certificate showing that he is insured, in an amount adequate under the circumstances, against claims for damages for personal injury as well as claims for private property damage, including damage to the city by deposit or washing of material onto city streets, which may arise from or out of the performance of the work, whether such performance be by himself, his contractor or subcontractor or any person directly or indirectly employed by him, and the amount of such insurance shall be prescribed in accordance with the nature of the risks involved. Any such insurance shall include protection against liability arising from completed operations.

H. Restriction of Work During Rainy Season. The period between November 1st and May 1st is determined to be period in which heavy rainfall normally occurs in the city. During this period no grading work will be authorized or done where the city engineer or city council determines that such work will endanger the public health or safety. Previously authorized grading work which extends into the rainy season shall be protected by incorporating temporary erosion control devices. Plans of erosion control devices shall be submitted for design approval by the city engineer not later than October 1st prior to the coming rainy season. The design of temporary desilting basins which discharge into city streets or natural watercourses shall be under the control of the city engineer. All temporary erosion control devices, including the desilting basins, shall be installed not later than November 1st. This shall not exempt the permittee from complying with any other safety precautions, either temporary or permanent, described in this chapter.

(Prior code § 8207)

A. The city engineer or city council shall not issue a permit in any case where it finds that the work as proposed by the applicant is liable to endanger any private property or result in the deposition of debris on any public way or interfere with any existing drainage course.

If it can be shown that the hazard can be essentially eliminated by the construction of retaining structures, buttress fill, drainage devices or by other means, the city engineer or city council may issue the permit with the condition that such work be performed.

B. Geological or Flood Hazard. If the land area for which grading is proposed is subject to geological or flood hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property the grading permit and building permits for habitable structures shall be denied.

(Prior code § 8208)

A. Plan-checking Fee. For excavation and fill on the same site, the fee shall be based on the volume of the excavation or fill, whichever is greater. Before accepting a set of plans and specifications for checking, the city engineer shall collect a plan-checking fee. Separate permits and fees shall apply to retaining walls or major drainage structures as indicated elsewhere in this code. There shall be no separate charge for standard terrace drains and similar facilities. The amount of the plan-checking fee for grading plans is as set forth in Table No. 70-A of the Uniform Building Code currently in use by the city.

The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project.

B. Grading Permit Fees. A fee for each grading permit shall be paid to the city as set forth in Table No. 70-B of the Uniform Building Code currently in use by the city.

C. Inspection Fees. The city engineer shall estimate the amount of inspection fees, and the permittee shall predeposit the same. After completion of the work, the deficiency or excess shall be adjusted and paid.

(Prior code § 8209)

A. A permit shall not be issued for more than one thousand cubic yards unless the permittee shall first post with the city engineer a faithful performance bond executed by the owner and a corporate surety authorized to do business in this state as a surety in an amount sufficient to cover the cost of the project, including corrective work necessary to remove and eliminate geological hazards.

B. The bond shall be submitted to the city attorney for his approval as to form.

C. In lieu of a surety bond the applicant may file a cash bond or a deposit certificate in an amount equal to that which would be required in the surety bond.

D. Conditions. Every bond shall include the conditions that the permittee shall:

1. Comply with all of the provisions of this code, applicable laws and ordinances; and

2. Comply with all of the terms and conditions of the permit for excavation or fill to the satisfaction of the city engineer; and

3. Complete all of the work contemplated under the permit within the time limit specified in the permit. The city engineer may, for sufficient cause, extend the time specified in the permit, but no such extension shall release the surety upon the bond.

E. Failure to Complete Work. The term of each bond shall begin upon the date of filing and shall remain in effect until the completion of the work to the satisfaction of the city engineer. In the event of failure to complete the work and failure to comply with all of the conditions and terms of the permit, the city engineer may order the work required by the permit to be completed to his satisfaction. The surety executing such bond or deposit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the governing agency in causing any and all such required work to be done. In the case of a cash deposit, said deposit or any unused portion thereof shall be refunded to the permittee.

F. Right of Entry. The city engineer and the authorized representative of the surety company shall have access to the premises described in the permit for the purpose of inspecting the work.

In the event of default in the performance of any term or condition of the permit, the surety or the city engineer, or any person employed or engaged in behalf of either, shall have the right to go upon the premises to perform the required work.

G. The owner or any other person who interferes with or obstructs the ingress to or egress from any such premises, of any authorized representative of the surety or of the city engaged in the correction or completion of the work for which a grading permit has been issued, after a default has occurred in the performance of the terms or conditions thereof, is guilty of a misdemeanor.

(Prior code § 8210)

A. Maximum Slope. Cuts shall not be steeper in slope than one and one-half horizontal to one vertical unless the owner furnishes a soils engineering or an engineering geology report certifying that the site has been investigated and indicating that the proposed deviation will not endanger any private property or result in the deposition of debris on any public way or interfere with any existing drainage course.

The city engineer may require the excavation to be made a cut face flatter than one and one-half horizontal to one vertical if he finds it necessary for stability and safety.

B. Drainage Terraces. Cut slopes exceeding forty feet in vertical height shall be terraced at their approximate mid-height. Drainage terraces are to be a minimum of six feet wide, paved and must carry water to a safe disposal area. Terraces shall be cut every thirty feet vertically except that where only one terrace is required, it shall be at mid-height.

C. Whenever any cut slope is protected by an approved retaining wall, the city engineer shall have the authority to modify the requirements of this section, except in those cases involving the application of Section 15.48.050A.

(Prior code § 8211)

A. All fills shall be compacted throughout their full extent to a minimum of ninety percent of maximum density as determined by A.S.T.M. Soil Compaction Test D 1557-70. Field density shall be determined by a method acceptable to the city engineer.

B. Exceptions:

1. Compaction may be reduced to eighty-five percent of maximum density, as determined by the above test, within the outer six inches of fill slope surfaces when such compaction is provided by grid rolling or equivalent means.

2. Fills not intended to support structures need not be compacted to these standards if the city engineer determines that such compaction is unnecessary as a safety measure. In making this determination, the city engineer may require that an investigation be made by an approved soil testing agency to establish the characteristics of the soil, the amount of settlement to be expected and the susceptibility of the soil to erosion or slippage.

3. Slope surfaces may be prepared for planting by scarifying, by the addition of top soil or by other methods provided such loose material does not exceed a depth of three inches and said slopes otherwise comply with the requirements of this section.

(Prior code § 8212(a))

The natural ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, top soil, and where slopes are five horizontal to one vertical or steeper, by benching into sound bedrock or other competent material. Five feet of the lower-most bench shall be exposed beyond the toe of the fill. The bench shall be sloped for sheet overflow or a paved drain shall be provided.

(Prior code § 8212(b))

No compacted fill shall be made which creates an exposed surface steeper in slope than two horizontal to one vertical. The city engineer may require that the fill be constructed with an exposed surface flatter than two horizontal to one vertical if he finds this necessary for stability and safety. The city council may permit a fill to be made which creates an exposed surface steeper in slope than two horizontal to one vertical, providing the slope does not exceed a vertical height of fifteen feet, and providing the applicant shows, through the investigation and report of a soils engineer and an engineering geologist to the city's satisfaction that the strength characteristic of the material to be used in the fill are such as to produce a slope without endangering health, safety or property, and that the areas on which the fill is to be placed has sufficient strength characteristics to support the fill within reasonable settlement values.

Slopes of fills which are not compacted in accordance with Section 15.48.160 may not exceed two and one-half horizontal to one vertical.

(Prior code § 8212(c))

No organic material shall be permitted in fills. Except as permitted by the city engineer, no rock or similar irreducible material with a maximum dimension greater than eight inches shall be buried or placed in fills.

(Prior code § 8212(d))

All fill slopes in excess of thirty feet vertical height shall have paved drainage terraces at vertical intervals not exceeding twenty-five feet except that where only one terrace is required it shall be at mid-height. Such terraces shall drain into a paved gutter, pipe or other water course adequate to convey the water to a safe disposal area. The terrace shall be at least six feet wide.

(Prior code § 8212(e))

Fills toeing out on natural slopes which are steeper than two horizontal to one vertical will not be permitted.

(Prior code § 8212(f))

Whenever any fill slope is protected by an approved retaining wall, the city engineer shall have the authority to modify the requirements of this section, except in those cases involving the application of Section 15.48.050A.

(Prior code § 8212(g))

A. Cuts and fills shall be set back from property lines and buildings shall be back from cut or fill slopes in accordance with Figure No. 1, on file in the office of the city engineer.

B. Retaining walls may be used to reduce the required setback when approved by the city engineer.

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

D. Building foundations shall be set back from the top of a slope a minimum distance of six feet for all cut slopes steeper than two horizontal to one vertical. No buildings shall be constructed on cut or fill slopes steeper than two horizontal to one vertical.

E. The setbacks given in this section are minimum and may be increased by the city engineer if considered necessary for safety or stability or to prevent possible damage from water, soil, or debris.

(Prior code § 8213)

A. Retention and Reuse of Stormwater. All drainage provisions shall be designed to retain stormwater onsite or carry stormwater to the nearest onsite landscaped area. All drainage provisions shall be designed to retain stormwater onsite or carry stormwater to the nearest onsite landscaped area.

B. To the extent reasonably practicable, there shall be no stormwater runoff onto pavements or other non-permeable areas. To the extent that stormwater exceeds the amount that can be retained by the onsite drainage provision or carried to the nearest onsite landscape area, the overflow runoff may be carried by a secondary drainable provision to a public area, such as a street or natural watercourse. Drainage facilities designed to carry stormwater to a natural watercourse approved by the city engineer and/or other appropriate governmental agency, as a safe place to deposit such waters. At least two percent grade toward the approved disposal area will be required for building pads, except as waived by the city engineer for nonhilly terrain.

C. Erosion Prevention. Adequate provision shall be made to prevent any surface waters from damaging the face of an excavation or fill. All slopes shall be protected from surface water runoff from above by berms or swales.

D. Terrace Drains. All swales or ditches on drainage terraces shall have a minimum grade of five percent and must be paved. Drainage devices shall be paved with concrete with a minimum thickness of four inches or approved equal. They shall have a minimum depth at the deepest point of one foot. If the drain discharges onto natural ground riprap may be required.

E. Grading shall not increase, concentrate or divert drainage across lot lines, unless there is a drainage easement provided over the receiving property.

F. Pervious pavements must be used in driveways, walkways, patios, and other areas of similar use to reduce surface water runoff.

(Prior code § 8214)

(Ord. No. 1300, § 1(Exh. D), 12-8-09)

[Figure]

A. The surface of all slopes shall be protected against damage by erosion by planting with ground cover plants and other methods. Slopes exceeding fifteen feet in vertical height shall also be planted with shrubs and spaced trees. The plants selected, planting methods used, spacing and other erosion control devices and procedures which may be required, shall be suitable for soil and climatic conditions of the site and in accordance with standard specifications adopted by Resolution No. 2345, as amended, on file in the office of the city engineer or as recommended by the Los Angeles County Arboretum.

1. Planting need not be provided for cut slopes rocky in character and not subject to damage by erosion and any slopes protected against erosion damage by other methods when such methods have been specifically recommended by a soils engineer, engineering geologist, or equivalent authority and found to offer permanent erosion protection equal to that provided by the planting specified in this section.

2. "As planted" design shall be approved within thirty days of completion of planting by a registered landscape architect or the Los Angeles County Arboretum.

B. Slopes required to be planted by subsection A of this section shall be provided with an approved system of irrigation, designed to cover all portions of the slope and plans therefor shall be submitted and approved prior to installation. A functional test of the system will be required to be approved by the city engineer.

The requirements for permanent irrigation systems may be modified upon specific recommendation of a landscape architect or equivalent authority that because of the type of plants selected, the planting methods used and the soil and climatic conditions at the site, irrigation will not be necessary for the maintenance of the slope planting.

C. The planting and irrigation systems required by this section shall be installed as soon as practical after rough grading, but in no case later than October 15th, unless otherwise provided by permit.

(Prior code § 8215(a)—(c))

Maintenance of manufactured slopes and erosion control planting shall be the full responsibility of the developer for three years or until individual lots are sold. Permission to terminate maintenance may be granted by the city engineer upon recommendation of the landscape architect, when planting is fully established and self-maintaining with minimum care.

(Prior code § 8215(d))

To insure proper maintenance of erosion control planting a surety bond shall be posted by the developer to remain in effect until released or as provided by Section 15.48.260. The amount of the planting maintenance bond shall be set by the city engineer and shall be sufficient to cover maximum plant loss and cost of the replacement and erosion repair. The provisions of Section 15.48.140 shall generally apply to the maintenance bond. Any bonds posted as required by Section 15.48.140 may not be released until the bond required by this section has been posted.

(Prior code § 8215(e))

A. Supervised Grading Required. All grading in excess of five thousand cubic yards shall be performed under the supervision of a civil engineer and shall be designated "supervised grading." Grading not supervised in accordance with this section shall be designated "regular grading." For grading involving less than five thousand cubic yards the permittee may elect to have the grading performed as either supervised grading or regular grading.

B. Regular Grading Requirements. The city engineer shall inspect the work, and require adequate inspection and compaction control by a soils testing agency. The soils testing agency shall be approved by the city engineer.

Periodic reports certifying the compaction or acceptability of all fills shall be required except as exempted by Section 15.48.160. These shall include but need not be limited to inspection of cleared areas and benches prepared to receive fill and removal of all soil and unsuitable materials; the placement and compaction of fill materials; the bearing capacity of the fill to support structures, and the inspection or review of the construction of retaining walls, subdrains, drainage devices, buttress fills, and other similar measures.

The city engineer may require sufficient inspection to assure that all geologic conditions have been adequately considered. Where geologic conditions warrant, the city engineer may require periodic geologic reports. These inspections may be required to include but need not be limited to inspection of cut slopes, canyons during clearing operations for groundwater and earth material conditions, benches prior to placement of fill, and possible spring locations.

C. Supervised Grading Requirements. For supervised grading it shall be the responsibility of the Civil Engineer to supervise and coordinate all site inspection and testing during grading operations. Soils and geology reports shall also be required as specified in subsection B of this section. All necessary reports, compaction data, and soils engineering and engineering geological recommendations shall be submitted to the city engineer by the supervising civil engineer.

D. Notification of Noncompliance. If in the course of fulfilling his responsibility under this chapter, the supervising civil engineer finds that the work is not being done in conformance with this chapter or the plans approved by the city council, or in accordance with accepted practices, he shall immediately notify the person in charge of the grading work and the city engineer in writing of the nonconformity and of the corrective measures to be taken.

E. Termination of Services. In the event the supervising grading engineer or the soils engineer or the geologist is relieved of or otherwise terminates his duties prior to completion of the work shown on the grading plans, he shall report the fact in writing to the city engineer within forty-eight hours from the time of such termination together with a report on the status of the work at his last inspection.

(Prior code § 8216)

If at any stage of the work the city engineer determines by inspection that further grading as authorized is likely to endanger any private property or result in the deposition of debris on any public way or interfere with any existing drainage course, the city engineer may require, as a condition to allowing the work to be completed, that such reasonable safety precautions be taken as he considers advisable to avoid such likelihood of danger.

Notice to comply shall be submitted to the permittee in writing. After a notice to comply is written a period of ten days shall be allowed for the contractor to begin to make the corrections, unless an imminent hazard exists, in which case the corrective work shall begin immediately.

In the event an immediate or potential hazard exists, the city engineer may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, any such persons shall forthwith stop such work. The city engineer may authorize the work to proceed if he finds adequate safety precautions can be taken or corrective measures incorporated in the work to avoid likelihood of such danger, deposition or interference.

If the city engineer finds any existing conditions not as stated in the grading permit or approved plans, he may refuse to approve further work until approval is obtained for a revised grading plan which will conform to the existing conditions.

(Prior code § 8217)

A. Compliance with Plans and Requirements. All permits issued hereunder shall be presumed to include the provision that the applicant, his agent, contractors or employees, shall carry out the proposed work in accordance with the approved plans and specifications and in compliance with all the requirements of this chapter.

B. Protection of Utilities. During grading operations the permittee shall be responsible for the prevention of damage to any public utilities or services. This responsibility applies within the limits of grading and along any routes of travel of equipment.

C. Protection of Adjacent Property. The permittee is responsible for the prevention of damage to adjacent property and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property without supporting and protecting such property from settling, cracking, or other damage which might result.

D. Temporary Erosion Control. The permittee shall put into effect and maintain all precautionary measures necessary to protect adjacent water courses and public or private property from damage by erosion flooding, and deposition of mud or debris originating from the site.

(Prior code § 8218)

A. All modifications of the approved grading plans must be approved by the issuing authority. All necessary soils and geological reports shall be submitted with the plans.

If, in the opinion of the city engineer, the strict enforcement of Section 15.48.110E1 will create an undue hardship on the permittee, or a hazard to the safety of operations, this requirement may be waived. Such a waiver shall not relieve the permittee of responsibility for compliance with the design standards of this code.

Modifications which affect basic tract design or land use must have the approval of the appropriate control agencies.

B. The city engineer may from time to time adopt such reasonable procedures and standards as may be required for the enforcement and administration of these grading and planting requirements. The city council shall confirm and approve these standards by resolution.

(Prior code § 8219)

A. Final Reports. Upon completion of the work, the city engineer may require the following reports:

1. The supervising civil engineer shall certify that all grading, lot drainage, and drainage facilities have been completed in conformance with the approved plans and this chapter, and shall furnish a final contour map of the completed work.

2. The soils engineering reports shall include certification of soil-bearing capacity, summaries of field and laboratory tests, locations of tests, and shall show limits of compacted fill on an "as built" plan.

3. The engineering geology reports shall be based on the final contour map and shall include specific approval of the grading as affected by geological factors. Where necessary, a revised geologic map and cross sections, and any recommendations regarding building restrictions or foundation setbacks shall be included.

B. Notification of Completion. The permittee or his agent shall notify the city engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work including installation of all drainage structures and their protective devices has been completed and the final contour map and required reports have been submitted.

(Prior code § 8220)

Whenever the city council determines that any existing excavation or embankment or fill has become a hazard to life and limb, or endangers property, or adversely affects the safety, use, or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the city council shall within the period specified therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this code. This provision shall not limit the authority of the city to take whatever action is necessary to protect the public safety, health and welfare.

(Prior code § 8221)