Thousand Oaks Municipal Code Ch. 3 Grading

* Chapter 3 entitled “Excavations and Grading,” consisting of Sections 7-3.01 through 7-3.39, recodified from Sections 8400 through 8424, T.O.O.C., repealed in its entirety by Section 1, Ordinance No. 156-NS, effective August 27, 1970.

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

(§ 2, Ord. 156-NS, eff. August 27, 1970, as amended by § I, Ord. 534-NS, eff. June 19, 1975)

No person shall make, alter, grade, or maintain any excavation or fill, except as provided by this chapter.

Exception: The provisions of this chapter shall not apply to work accomplished under the auspices of, or on land owned or controlled by, the United States of America or by the State.

(§ 2, Ord. 156-NS, eff. August 27, 1970, as amended by § I, Ord. 534-NS, eff. June 19, 1975)

The permissive provisions of this chapter shall not be presumed to waive any limitations imposed by other statutes or laws of the State or City.

(§ 2, Ord. 156-NS, eff. August 27, 1970, as amended by § I, Ord. 534-NS, eff. June 19, 1975)

The provisions of this chapter require compliance with the California Environmental Quality Act of 1970 (Public Resources Code Sections 21050 et seq.). All permits or projects authorized pursuant to the provisions of this chapter shall have a “certified” Environmental Impact Report (EIR), unless the project is categorically exempt or a Negative Declaration has been issued by the Community Development Department.

(§ 2, Ord. 156-NS, eff. August 27, 1970, as amended by § I, Ord. 534-NS, eff. June 19, 1975)

Upon motion of the Planning Commission or upon payment of the appropriate fees, as set by Council Resolution, and application of any person or political entity aggrieved, the Planning Commission may waive or conditionally waive the compliance with provisions of this chapter where it is determined that the public health, safety and welfare will not be adversely affected by such a waiver.

The procedure governing the hearing on the application and any appeal from the decision of the Commission shall be in accordance with the procedures set forth in Article 28 of Chapter 4 of Title 9 of this Code.

(§ 2, Ord. 156-NS, eff. August 27, 1970, as amended by § I, Ord. 534-NS, eff. June 19, 1975, § II, Ord. 581-NS, eff. August 12, 1976, § II, Ord. 776-NS, eff. April 16, 1981, and § 1, Ord. 848-NS, eff. December 13, 1983)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) “Bedrock” shall mean in-place solid rock.

(b) “City Engineer” and “Public Works Director” shall mean that person charged with the responsibility of coordinating all phases of engineering for the City government. He shall be the custodian of and be responsible for, all maps, plans, profiles, field notes, and other records and memoranda belonging to the City and pertaining to his office and the work thereof. It shall also be his responsibility to enforce all State and City regulations, laws, policies, standards, and the like pertaining to his office and work and to delegate authority and responsibilities to subordinates under his jurisdiction. “City Engineer” and “Public Works Director” shall further mean the officer charged with the administration and enforcement of the provisions of this chapter or his duly authorized representative.

(c) “Civil engineer” shall mean a civil engineer duly registered by the State.

(d) “Community Development Director” shall mean that person charged with the responsibility of directing all phases of the Community Development Department and the enforcement of all State statutes and City laws pertaining to his office, or his duly authorized representative.

(e) “Compaction” shall mean the densification of fill by mechanical means.

(f) “Constant” shall mean all times during which grading is in progress.

(g) “Continuous” shall mean periodically during the day.

(h) “Engineering geologist” shall mean an engineering geologist registered by the State and capable of applying the geological sciences to engineering practices for the purpose of assuring that the geological features affecting the location, design, construction, operation, and maintenance of engineering works are recognized and adequately provided for.

(i) “Existing grade” shall mean the vertical location of the existing ground surface prior to excavating or filling.

(j) “Expansive soil” shall mean that soil with an expansion of four (4%) percent or more with a sixty (60) pound per square foot load applied under standard test methods as set forth by the City Engineer.

(k) “Fill” shall mean deposits of soil, rock, or other materials placed by man.

(l) “Finished grade” shall mean the final grade or elevation of the building site, slope, or terrace (0.1 plus or minus feet).

(m) “Hillside designation.” For the purposes of this chapter “hillside” shall be construed to mean all of that area within the City boundary lines as shown on Exhibit “A,” on file in the office of the City Clerk, and by reference made a part of this chapter, except any area having slopes less than five (5%) percent, which slopes shall not be considered “hillside.” It shall be the prerogative of the Council to designate other areas as “hillside” areas, based upon the natural topography of the area, supplemented by contours shown on plans, and submitted in conjunction with an appropriate development permit or other application or tentative tract map.

(n) “Landmark tree” shall have that meaning as defined in Article 43 of Chapter 4 of Title 9 of this Code.

(o) “Landscape architect” shall mean a landscape architect licensed as such under the laws of the State.

(p) “Normal inspection hours” for services provided pursuant to or in connection with the provisions of this chapter shall mean from 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. Holidays shall be defined as those week days (exclusive of Saturdays) shown as nonworking days on the working day calendar of the City.

(q) “Rough grade” shall mean the approximate elevation of the ground surface conforming to the proposed design (0.5 plus or minus feet).

(r) “Site” shall mean any lot or parcel of land, or contiguous combination thereof, under the same ownership where grading is performed or permitted.

(s) “Slope” shall mean a stretch of ground forming a natural or artificial incline, including a retaining wall.

(t) “Soil” shall mean all earth material, of whatever origin, which overlies bedrock.

(u) “Soils engineer” shall mean a civil engineer duly registered by the State who is experienced in soil mechanics and slope stability analysis. His primary duties shall encompass the investigation of proposed grading sites and tracts as related to the stability of the finished graded product. The soils engineer shall have proper laboratory facilities available in which to perform any and all testing required to properly evaluate materials under consideration.

(v) “Stage grading” shall mean altering the gross contours of the ground, but shall not involve altering the ground to the precise contours and elevations suitable for the construction of structures, parking lots, driveways, permanent drainage structures, curbs, gutters, or other street improvements, or the construction of such improvements, or the placement of base materials.

(w) “Supervising civil engineer” shall mean a civil engineer, registered in the State, who has general charge of the design and construction of the earthwork on the project. The supervising civil engineer on a project shall have thorough knowledge of the construction so that he will be able to sign the “as built” plans, both as to line and grade and compliance with the grading regulations (in conjunction with the soils engineer and geologist) and the specifications for the job. The engineer of the developer may also be the supervising civil engineer.

(§ 2, Ord. 156-NS, eff. August 27, 1970, as amended by § I, Ord. 534-NS, eff. June 19, 1975, § 4, Ord. 1098-NS, eff. April 11, 1991, § 11, Ord. 1217-NS, eff. October 28, 1994, § III, Ord. 1475-NS, eff. February 22, 2007, and Part 15, Ord. 1610-NS, eff. January 15, 2016)

No person shall commence or perform any grading or relocation of earth, and no person shall import or export any earth materials to or from any grading site without first having obtained a grading permit. No person shall commence or perform any grading or relocation of earth on land having a natural slope greater than twenty-five (25%) percent without first obtaining approval from the Planning Commission or City Council. A separate grading permit shall be required for each site. Off-site grading may be permitted, if such grading is approved in conjunction with a development permit or other entitlement.

Exceptions:

(a) An excavation which does not exceed fifty (50) cubic yards or is less than two (2’) feet in depth, or which does not create a cut slope greater than five (5’) feet in height and steeper than two (2) horizontal to one vertical, unless the cut slope is made in an area of adverse geological conditions;

(b) A fill less than one (1’) foot in depth and placed on natural terrain with a slope flatter than five (5) horizontal to one vertical, or less than three (3’) feet in depth, not intended to support structures, which fill does not exceed fifty (50) cubic yards on any one lot and does not obstruct a drainage course;

(c) Excavations below the finished grade for basements and footings of buildings, retaining walls, swimming pools, or other structures authorized by a valid building permit. This shall not exempt any fill made with materials from such excavations or exempt any excavation having an unsupported height greater than five (5’) feet after the completion of such structures;

(d) Mining, quarrying, excavating, processing, and the stockpiling of rock, sand, or gravel aggregate or clay which operations are operated under a valid special use permit issued by the City pursuant to applicable zoning regulations;

(e) The depositing of rubbish or other materials at any dump or sanitary fill approved by and operating pursuant to the requirements, rules, applicable zoning regulations, and other laws adopted by the Board of Supervisors of the County or by the City. Such exemption shall not extend, however, to surrounding berms, permanent access roads to the site, permanent building sites, or protective drainage works;

(f) The construction of dams or reservoirs regulated or owned by the State and the Federal governments;

(g) The temporary stockpiling of quarried or mined products or earth for future processing, disposal, or sale, but only insofar as such operations are conducted at a distance of more than one hundred (100’) feet inside the outer property line of any parcel of land held in a single ownership and such stockpiling is approved by the Planning Commission. The City Engineer shall decide, subject to an appeal, if a statement of the location of any fill, and the legal description of the parcel of land over which the fill is to be placed, shall be filed by the owner of the property for recording in the office of the County Recorder. If such statement indicates that the fill has been compacted in compliance with the provisions of this chapter, such statement shall be certified to by a soils engineer. The City Engineer may waive the requirements for recording such statement when he believes the purpose of this chapter does not require such recording;

(h) Farming and agricultural grading operations on parcels in a single ownership which are larger than ten (10) acres and zoned and used primarily for agricultural and/or soil and water conservation work under the direct control of the United States Department of Agriculture Soil Conservation Service. Farming and agricultural grading operations shall not be interpreted to include:

(1) The construction of water impounding structures of earth (which are not under the direct control of the United States Department of Agriculture Soil Conservation Service) where the maximum depth to which water is or may be impounded is five (5') feet or greater; or

(2) The excavation and/or filling of earth on which a structure requiring a building permit is to be supported;

(i) Grading operations conducted by the City for capital improvement projects approved by the Council; and

(j) Exploratory borings and trenches made for soil engineering and engineering geological investigations.

(§ 2, Ord. 156-NS, eff. August 27, 1970, as amended by § I, Ord. 534-NS, eff. June 19, 1975, § I, Ord. 692-NS, eff. November 2, 1978, § V, Ord. 757-NS, eff. September 4, 1980, § 3, Ord. 1098-NS, eff. April 11, 1991, and § IV, Ord. 1475-NS, eff. February 22, 2007)

(a) Plans and specifications. With each application for a grading permit and when required by the City Engineer for the enforcement of any provision of this chapter, three (3) sets of plans shall be submitted. Except as waived by the City Engineer for minor grading, the plans shall be prepared and signed by a civil engineer, soils engineer, and, where applicable, engineering geologist, and/or landscape architect, and shall show the following:

(1) A vicinity sketch or other data adequately indicating the site location;

(2) The property lines and dimensions and bearings of the property on which the work is to be performed;

(3) The location of any existing buildings or structures on the property where the work is to be performed and the location of any building or structure on the land of adjacent property owners, which building or structure is within fifty (50’) feet of the property boundary;

(4) On all parcels of land where oak or landmark trees, protected by the provisions of Article 42 or Article 43 of Chapter 4 of Title 9 of this Code, are present, grading shall take place in a manner to insure the survival and health of all such trees, except for those as to which removal is expressly allowed. The location of any oak or landmark trees shall be precisely depicted on the plan, indicating the location of the exact center of the trunk after a field survey by a licensed surveyor. The trees shall be permanently marked with numbered tags at a location three (3’) feet above the natural grade in a manner acceptable to the Public Works Director. The plan shall indicate such tag number for each tree, the diameter of the trunk of each tree, the existing ground elevation of the downhill side of the tree, a specific reference to its habit of branching (i.e., low branching restricting movement to the southeast), and the ground plane projection of the natural drip line of the tree as determined by a physical survey. The plan shall indicate the proposed disposition of each such tree. Where any tree, other than one as to which removal will be permitted, will be affected by grading, the details for retaining walls, drains, pruning, trimming, and the establishment of a drip line with respect to each such tree shall be prepared by a licensed landscape architect and be included with the grading plan. No grading or activity detrimental to the health of such tree shall take place within an established drip line of the tree. Prior to the commencement of grading, fences shall be constructed around the established drip line of all such trees. The purpose of such fences shall be to prevent grading, heavy equipment work, and the storage or dumping of materials within the established drip lines of such trees. Grading or other site work within the established drip line shall be only as authorized by the approved grading plan and shall be supervised and approved by a landscape architect in attendance continuously during the progress of the work. Fences may be temporarily removed or omitted, upon the approval of the City Engineer, to facilitate such authorized work. All such work shall comply with the approved details to protect the tree. Where trees could be affected by a grading operation, a field orientation meeting shall take place prior to the commencement of the work when deemed necessary or desirable by the City Engineer. The purpose of such meeting shall be to communicate the approved methods of grading and tree preservation to all parties involved with the grading operation. Such meeting should include the City Engineer or his authorized representative, a representative of the Community Development Department, the permittee, or his authorized representative, the landscape architect, and the soils engineer;

(5) Accurate topography showing suitable contours of the existing ground. The contours shall be extended past the boundary lines of any project for a minimum of one hundred (100’) feet. The City Engineer may require the contours to be extended to include the watershed area and all other areas influencing the proposed development;

(6) The elevations, dimensions, locations, extent, and slopes of all proposed grading shown by contours or other means;

(7) A certification of the quantity and type of material of the excavation and fill involved and the estimated starting and completion dates;

(8) 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 the drains. All hydrologic and hydraulic calculations shall be signed by a civil engineer;

(9) Any additional plans, drawings, or calculations required by the City Engineer; and

(10) An indication as to the type of structure to be constructed or proposed use of the site, such as single-family residence, multiple, commercial, or industrial.

(b) Modifications of approved plans. All modifications of approved grading plans shall be approved in writing by the City Engineer. All required soils and geological reports shall be submitted with the revised plans. No grading work in connection with the proposed modifications shall be permitted without the prior written approval of the City Engineer.

(c) Soils engineering reports. The City Engineer shall require a soils engineering investigation, based upon the most recent grading plan. Such report shall include data regarding the nature, distribution, and strength of existing soils, conclusions and recommendations for grading procedures, design criteria for corrective measures, or such other criteria as required by the City Engineer. All such reports shall be prepared and signed by a registered soils engineer, and all such reports shall be subject to the approval of the City Engineer.

(d) Engineering geological reports. Prior to the issuance of a grading permit, the City Engineer may require an engineering geological investigation, based upon the proposed grading plan. The engineering geological report, prepared and signed by an engineering geologist, shall include an adequate description of the geology of the site and the conclusions and recommendations regarding the effect of the geological conditions on the proposed development.

All such reports shall be subject to approval by the City Engineer. Supplemental reports and data may be required by the City Engineer if deemed necessary. The recommendations included in the report and approved by the City Engineer shall be incorporated into the grading plan. Reports shall be required for all hillside developments. Other developments designated by the City Engineer may be required to submit reports.

(e) Development permits and tract map requirements. No grading permit shall be issued unless an appropriate development permit or other development entitlement has been approved, and a grading plan has been approved. Moreover, no grading permit shall be issued unless adequate bonds have been approved and accepted by the Public Works Department guaranteeing completion of the grading. As a condition of any entitlement to develop land, the decision-making body may limit the height, angle, and design of any cut or fill slope and may impose standards, such as contour grading (rounding off the tops of slopes) and extensive landscaping (above that required by the provisions of Section 7-3.24 of this chapter) to mitigate any adverse environmental impact created by any project.

(f) Hillside exploratory regulations. Surface and subsurface exploratory work shall be performed by a soils engineer and an engineering geologist approved by the City Engineer on all hillside grading work, except where waived by the City Engineer. Such exploratory work shall be performed for the purpose of obtaining detailed information on which the soils engineer and the engineering geologist shall base recommendations for grading. The work shall be based upon a detailed, accurate topographic base map prepared by the registered civil engineer or land surveyor. The map shall be of suitable scale and shall cover the area to be graded, as well as adjacent areas which may be affected by the grading. The map shall include the existing and proposed contours, the locations of streets, pads, slopes, and structures, and pertinent elevations.

(1) The engineering geologist’s and soil engineer’s exploratory work should be conducted at locations considered most likely to reveal any subsurface weakness which may lead to landslide, slump, or settlement failures. It is recommended that an investigation be conducted where the stability will be lessened by the grading or where any of the following conditions are discovered or proposed:

(i) At fault zones where past land movement is evidenced by the presence of fault gouge;

(ii) At contact zones between two (2) or more geologic formations;

(iii) At zones of trapped water or high water table quite often associated with the conditions set forth in subsections (i) and (ii) of this subsection;

(iv) At bodies of intrusive materials;

(v) At historic landslides or where the topography is indicative of prehistoric landslides;

(vi) At adversely sloped bedding planes, short range folding, overturned folds, and the like;

(vii) At locations where a fill slope is to be placed above a cut slope;

(viii) At proposed cuts exceeding twenty-five (25’) feet in height, unless in competent rock or less heights in rock of questionable stability;

(ix) At the locations of all proposed fills;

(x) Where any side hill fills are proposed;

(xi) Wherever water from rainfall, irrigation, private sewage disposal systems, or other probable sources from both the grading project and adjoining properties is likely to reduce the subsurface stability;

(xii) Where the proposed grading may adversely affect the existing or future stability of adjoining properties; and

(xiii) At known fracture zones.

The investigation shall be sufficient to outline the problems and solutions to the problems set forth in this subsection.

(2) The soils engineer and engineering geologist shall submit written reports of their findings to the permittee or the civil engineer. Such reports should include, but not necessarily be limited to, the following data, based upon detailed surface and subsurface investigations:

(i) The engineering geologist’s report should include a detailed geologic map showing bedrock, soil, alluvium, faults, shears, prominent joint systems, lithologic contacts, seeps or springs, soils or bedrock slumps, landslides or failures, and other pertinent geologic features existing on the proposed grading site. Geologic cross sections, prepared to reasonably depict anticipated geologic substructure, shall also be included in sufficient numbers and details. The report should also include detailed logs of all borings, test pits, or other subsurface data obtained during the course of the investigation. The subsurface exploration should extend to sufficient depth into the bedrock to expose the deepest rock affecting the proposed grading. The report should include specific details and observations for the soils engineer’s use in the analysis of the stability of cut slopes in zones of shallow or perched subsurface waters that may affect slope stability.

(ii) The soils engineer’s report should include a map of the proposed grading site showing the locations of all subsurface exploratory test pits or borings. Detailed logs of the test pits or borings, including the approximate locations of all soil or rock samples taken for laboratory testing, should also be included. In addition, laboratory test results, soil classifications, shear strength characteristics of the soils, and other pertinent soil engineering data should be presented.

Sufficient cross sections and cut and fill slope stability analyses should be included to substantiate recommendations concerning the vertical height and angle of all slopes on the project.

Other aids in exploratory work may be used, but subsurface exploratory work sufficient to support the findings should be performed. Both the engineering geologist’s and soil engineer’s reports should describe the grading project as to its location, topographic relief, drainage, geologic and soils types present, the grading proposed, and the effects of such grading on the site and adjoining properties and shall contain specific conclusions concerning the feasibility and anticipated future stability of the overall project and an analysis of the property on a lot by lot basis. Specific recommendations for the correction of all known and/or anticipated geologic hazards on the grading project shall be included.

Recommendations included in the report and approved by the City Engineer shall be incorporated into the grading plan or specifications.

(g) Revised grading plans. If the soil or other conditions are not as stated in the application for a grading permit, the City Engineer may suspend the grading permit until approval is obtained of a revised grading plan.

(h) Waivers. The City Engineer may waive the requirement for a contour map or subsurface exploration as required by the provisions of this section if it is determined to be unnecessary, but the work shall conform to the provisions of this chapter and other relevant laws.

(i) Excavations for test purposes. Excavations made for test purposes shall be restored to a condition reasonably approximating the original condition, including the replacement of the natural landscaping.

(j) Import or export of fill materials. The source of the material to be used for fill or the location to which excavated material will be removed, or both, shall be identified.

(§ 2, Ord. 156-NS, eff. August 27, 1970, as amended by § I, Ord. 534-NS, eff. June 19, 1975, § VI, Ord. 757-NS, eff. September 4, 1980, § 1, Ord. 861-NS, eff. May 22, 1981, § 1, Ord. 867-NS, eff. October 5, 1984, § V, Ord. 1475-NS, eff. February 22, 2007, § 31, Ord. 1555-NS, eff. May 13, 2011, and Part 16, Ord. 1610-NS, eff. January 15, 2016)

(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 by the City Engineer.

(b) Responsibility of the permittee and contractor and their agents. The permittee and contractor and their agents shall carry out the proposed grading in accordance with the approved plans and specifications, the conditions of the permit, and the requirements of this chapter and all other applicable laws. The permittee and contractor and their agents shall maintain all required protective devices and temporary drainage during the progress of the grading work and shall be responsible for the observance of the hours of work, dust control, and methods of hauling. The permittee and contractor and their agents shall be responsible for the maintenance of the site and the removal of all debris until such time as a notice of completion has been issued by the City Engineer. The permittee and contractor and their agents, and each or all of them, shall become subject to the penalties set forth in this chapter in the event of failure to comply with the provisions of this chapter and other applicable laws of the City. No approval shall exonerate the permittee or his agents from the responsibility of complying with the provisions and intent of this chapter.

(c) Jurisdiction of other agencies. Permits issued pursuant to the requirements of this chapter shall not relieve the owner of responsibility for securing the required permits for work to be accomplished which is regulated by any other law, department, or division of the City, County, or State.

(d) Regulation of access or haul routes. The City Engineer may impose conditions to the permit with respect to access or haul routes to and from grading sites, the hours of work, methods of controlling dust, and safety precautions involving pedestrian or vehicular traffic as he shall determine are required in the interests of the public health, safety, and welfare.

No permit shall be issued for the export or import of earth materials to or from a grading site, except upon the following conditions:

(1) The size or type of hauling equipment shall be limited in accordance with the width and conditions of the street.

(2) Traffic control devices, including flagmen, signs, and markers, shall be utilized at appropriate places along the designated routes of access to such sites.

(3) Temporary no parking restrictions may be imposed, with the approval of the City Engineer, along such routes when determined necessary.

(4) Such other conditions as may be determined necessary for the public health, safety, and welfare shall be imposed.

(5) In no event shall any export or import of earth materials to or from a grading site be undertaken or conducted except by use of equipment which complies in all respects with the Vehicle Code of the State.

(6) All loads shall be properly trimmed and watered or otherwise secured so as to prevent spilling from the equipment.

(7) In all cases where the City Engineer designates the haul routes, such designation of routes shall take into consideration the most practical means of transporting the earth materials to or from the grading site consistent with the safety and welfare of residents along the routes.

(e) Time limitations. The permittee shall fully perform and complete all of the work contemplated to be accomplished pursuant to the grading permit within the time limit specified in the permit.

Once grading has commenced, it shall be pursued with diligence so as to complete the operation within a reasonable period of time. If there is a cessation of grading activity for a period in excess of sixty (60) days, the City may utilize the bonds posted to guarantee performance to complete the grading. In addition, all slopes shall be extensively landscaped and the appropriate sprinkler system installed in accordance with an approved landscaping plan prior to the release of a certificate of completion. The cessation of grading activity between November 1 and April 15 due to heavy rainfall will not be cause for the City to utilize the bonds to complete the grading.

If the permittee is unable to complete the work within the specified time, he may, prior to the expiration of the permit, submit a written request for an extension of time in which to complete the work. If, in the opinion of the City Engineer, sufficient justification is shown, the time specified on the permit may be extended for a period of one hundred eighty (180) days or as approved by the City Engineer, but no such extension shall release any surety upon the bond.

(f) Entry upon premises. The City Engineer, the Council, the surety company, or their duly authorized representatives shall have access to the premises described in the permit for the purposes of inspecting the progress of the work. In the event of default in the performance of any term or condition of the permit, the surety, or any person employed or engaged in his behalf, shall have the right to go upon the premises to complete the required work, including the installation of temporary erosion control devices and landscaping as required by the provisions of this chapter.

It shall be unlawful for the owner or any other person to interfere with the ingress or egress from such premises of any authorized representative or agent of any surety company or the City engaged in the work ordered by the City Engineer or the Council.

(g) Consent of adjacent property owners. Whenever any grading operation requires entry onto adjacent property for any reason, the permit applicant shall obtain the written consent of the adjacent property owner or his authorized representative and shall file a copy of such consent with the City Engineer before a permit for such grading work may be issued.

(h) Restrictions during the rainy season.

(1) That period between November 1 and April 15 following is hereby determined to be the period in which heavy rainfall normally occurs in the City. During this period no grading work in excess of two hundred fifty (250) cubic yards shall be authorized to start in any single grading site under a permit where the City Engineer determines that such work will endanger the public health or safety.

Whenever it appears that any grading project previously commenced pursuant to a permit issued by the City Engineer will not be completed prior to the commencement of the rainy season, the City Engineer may order the installation of temporary erosion control devices to protect any property adjacent to such project.

(2) Previously authorized grading work which extends into the rainy season shall be protected by incorporating temporary erosion control devices.

(3) Plans for erosion control devices shall be submitted to the City Engineer and design approval obtained not later than October 1 of the coming rainy season. The design of desilting basins which discharge into City streets or natural watercourses shall be subject to the approval of the City Engineer.

(4) All persons performing any grading operations during that period designated as the rainy season shall put into effect all safety precautions which are necessary in accordance with good engineering practices. All loose dirt shall be removed from the grading, site, and adequate anti-erosion or drainage devices, debris basins, or other safety devices to protect the life, limb, health, and welfare of private and public property or others from damage of any kind shall be installed. All temporary erosion control devices, including desilting basins, shall be installed not later than November 1 of each year and shall be maintained throughout the rainy season. The removal of temporary erosion control devices during different phases of construction shall have the prior approval of the City Engineer.

(5) No person shall excavate or fill so as to cause falling rocks, soil, or debris in any form to fall, slide, or flow onto adjoining properties.

(6) All constructed desilting basins which are a part of the grading plan shall be maintained by the applicant unless otherwise accepted for maintenance by the City.

(i) Regulations relating to archaeological, paleontological, and historical sites.

(1) Known sites. Permits to perform grading at or near known archaeological, paleontological, or similar sites of historical significance may be conditioned in such a manner as to:

(i) Ensure the preservation of the site;

(ii) Minimize adverse impacts on the site;

(iii) Allow reasonable time for qualified professionals to perform archaeological investigations at the site; or

(iv) Preserve for posterity, in such other manner as may be necessary or appropriate in the public interest, the positive aspects of the cultural or historical site involved.

(2) Unknown sites. Where a grading permit has been issued with respect to an area not known at the time of issuance to include an archaeological, paleontological, or historical site, and where it is subsequently learned, either by representatives of the City or by any person doing grading pursuant to a grading permit, that a significant archaeological, paleontological, or historical site may be encompassed within the area to be graded or being graded, all grading shall cease, and the grading permit shall be deemed suspended. The finding of a site which may be a significant archaeological, paleontological, or historical site shall be reported to the Public Works Director and the Community Development Director within seventy-two (72) hours from the time the site is found. The Community Development Director, upon receiving such a report, shall cause a preliminary investigation of the site to be made by qualified professionals within five (5) working days after the time such a report is received. If the preliminary investigation should confirm that the site is or may be a significant archaeological, paleontological, or historical site, the grading permit shall remain suspended for a period not to exceed forty-five (45) days after the date the finding of the site was first reported to or learned by the City. During the period of suspension, and as promptly as reasonably possible, the Community Development Director shall develop conditions to be attached to the grading permit pursuant to the provisions of subsection (1) of this subsection. When such conditions are developed and attached to the permit, the permit shall be deemed reissued subject to such conditions, and the suspension shall be deemed terminated. In extraordinary circumstances, the suspension may exceed forty-five (45) days if, upon application of the Community Development Director to the Council, the Council shall concur.

(3) Any condition or conditions imposed pursuant to the provisions of subsections (1) or (2) of this subsection may be appealed to the Council in the manner prescribed in this Code, and the determination of the Council of such appeal shall be final.

(§ 2, Ord. 156-NS, eff. August 27, 1970; as amended by § I, Ord. 534-NS, eff. June 19, 1975)

The provisions of this chapter shall not apply to any grading operation which is conducted during a period of emergency or disaster and which is directly connected with or related to the relief of conditions caused by such emergency or disaster.

(§ 2, Ord. 156-NS, eff. August 27, 1970; as amended by § I, Ord. 534-NS, eff. June 19, 1975)

In granting any permit pursuant to the provisions of this chapter, the City Engineer or his authorized representative may attach such conditions as may be reasonably necessary to prevent the creation of a nuisance or hazard to public or private property. Such conditions may include, but shall not be limited to:

(a) The improvement of any existing grading to bring it up to the standards of this chapter; and

(b) Requirements for fencing excavations or fills which would otherwise be hazardous.

(§ 2, Ord. 156-NS, eff. August 27, 1970; as amended by § I, Ord. 534-NS, eff. June 19, 1975)

Neither the issuance of a permit pursuant to the provisions of this chapter, nor compliance with the provisions of this chapter or with any conditions imposed in such permit, shall relieve any person from responsibility for damages to other persons or property, nor impose any liability upon the City for damages to other persons or property.

(§ 2, Ord. 156-NS, eff. August 27, 1970; as amended by § I, Ord. 534-NS, eff. June 19, 1975)

(a) A grading permit shall not be issued in any case where it is found that the work proposed by the applicant is classed as hazardous grading, as determined by the City Engineer, and is liable to endanger any private property or result in the deposit of debris on any public way or interfere with any existing drainage course.

(b) 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.

(c) If the proposed grading would not comply with the requirements of an applicable development permit or tentative tract map, or with any provisions of law, including the provisions of this chapter, a grading permit shall be denied.

(§ 2, Ord. 156-NS, eff. August 27, 1970; as amended by § I, Ord. 534-NS, eff. June 19, 1975)

Fees for plan-checking and inspection services in connection with grading permits and retaining walls to be constructed as part of a grading operation shall be paid to the Public Works Department in accordance with the current fee schedule adopted by resolution of the Council.

(§ 2, Ord. 156-NS, eff. August 27, 1970; as amended by § I, Ord. 534-NS, eff. June 19, 1975)

(a) Required. A permit will not be issued for excavations or fills of more than fifty (50) cubic yards until the permittee posts with the office of the City Engineer a bond or cash deposit to insure compliance with the provisions of this chapter and all conditions imposed on behalf of the City. (The bond or cash deposit shall be executed by the owner and a corporate surety authorized to do business in the State as surety in an amount sufficient to cover the cost of the project in accordance with the provisions of subsection (f) of this section, including the corrective work necessary to remove and eliminate geological hazards.) All bonds shall be executed on forms obtainable at the office of the City Engineer.

(b) Cash bonds. In lieu of a surety bond, the applicant may file a cash bond with the City Engineer upon the same terms and conditions and in an amount equal to that which would be required in the surety bond. The cash bond may be in the form of cash or negotiable United States securities.

(c) Application of bonds to adjacent property. Where grading is required on property adjacent to the grading site under permit to complete a project satisfactorily, the owner of such adjacent property need not provide an additional grading bond if the original is of sufficient amount to include such additional grading.

(d) Conditions of bonds. Every bond required by the provisions of this chapter shall be conditioned that the permittee shall:

(1) Comply with all of the provisions of this chapter and all other applicable laws and ordinances;

(2) Comply with all of the terms and conditions of the permit for excavation and fill to the satisfaction of the City Engineer;

(3) Complete all of the work described by the permit, and the plans and specifications relative thereto, within the time limit specified in the permit. Upon an application by the permittee, the City Engineer may, for sufficient cause, extend the time specified in the permit, but no such extension shall release any surety upon the bond; and

(4) Install temporary erosion control devices when required to do so by the provisions of this chapter.

(e) Period and termination of bonds or cash deposits. 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, plus an additional period of one year. In the event of failure to complete the work or of failure to comply with any of the conditions and terms of the permit, the City Engineer may order the work to be completed as required by the permit. The surety executing such bond or such deposit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses which may be incurred or expended by the City in causing any and all of such required work to be completed and accomplished, and such surety or the depositor shall assent to any lawful extensions of time within which to construct and complete such work. In the case of a cash deposit, such deposit or any unused portion thereof shall be refunded to the permittee.

The City Engineer may release, reduce, or exonerate the bond or cash deposit under appropriate conditions when the public health and welfare is not jeopardized.

(f) Amount of bond. The amount of the bond shall be based upon the estimated cost of the work, plus twenty-five (25%) percent. The estimated cost shall be established on the basis of the number of cubic yards of material in either excavations or fills (whichever is the greater amount) at the rate per yard as set forth in the fee schedule adopted by Council resolution.

(§ 2, Ord. 156-NS, eff. August 27, 1970, as amended by § I, Ord. 534-NS, eff. June 19, 1975, and § II, Ord. 778-NS, eff. June 11, 1981)

Whenever the City Engineer determines by inspection that any land or any existing excavation or fill, from any cause, has become a menace to life or limb, endangers public or private property, or adversely affects the safety, usability, or stability of a public way, the owner or other person in legal control of the property concerned, upon the receipt of written notice thereof from the City Engineer, shall correct such condition in accordance with the provisions of this chapter and the requirements and conditions set forth in such notice to eliminate the undesirable condition. The owner or other person in legal control of such property shall immediately commence the work required by such notice and shall complete the work within a maximum time of one hundred twenty (120) days after the date of such notice, unless a shorter period of time for completion has been specified in the notice, in which case the owner or other person shall comply within such time as specified.

(§ 2, Ord. 156-NS, eff. August 27, 1970; as amended by § I, Ord. 534-NS, eff. June 19, 1975)

(a) Supervision. The permittee shall provide sufficient supervisory control during the grading operations to insure compliance with the approved plans and with the provisions of this Code. The permittee shall avail himself of geological and/or soils engineering services to implement the supervisory control of the permittee’s registered civil engineer. The engineering geologist and/or soils engineer shall be properly qualified, in accordance with the provisions of Section 7-3.06 of this chapter, and qualified to perform such services within the City. Periodic reports as required by the City Engineer shall be submitted by the soils engineer and/or engineering geologist.

(b) Safety precautions during grading. If, at any stage of work on an excavation or fill, the City Engineer determines by inspection that further work as authorized by an existing permit is likely to endanger any property or public way, the City Engineer may require that plans for such affected area be amended to include adequate safety precautions as a condition to allow the work to continue. The City Engineer may cause the work on the affected area to be halted and may require that plans be amended to include adequate safety precautions as a condition to allow the work to continue.

Safety precautions may include, but shall not be limited to, specifying a flatter exposed slope or construction of additional drainage facilities, berms, terracing, compaction, cribbing, retaining walls or buttress fills, slough walls, desilting basins, check dams, benching, wire mesh and guniting, rock fences, revetments, or diversion walls.

(c) Supervised grading. Where necessary, the City Engineer shall require the permittee to employ:

(1) A registered civil engineer to supervise all grading;

(2) A soils engineer to provide either constant or continuous soils inspections: and

(3) An engineering geologist to provide either constant or continuous geological inspections as suit the job.

The employment of such persons shall not be deemed to render unnecessary inspections described in this chapter, except that on any work requiring the continuous supervision and inspection of a registered civil engineer, the inspections required by this section may be delegated to the registered civil engineer by the City Engineer.

If the registered civil engineer, soils engineer, or engineering geologist, fulfilling his responsibility pursuant to the provisions of this section, finds that work is not being done in conformance with the provisions of this chapter or the plans and specifications approved by the City Engineer, the registered civil engineer, soils engineer, or engineering geologist shall immediately notify the person in charge of the grading work, and if the nonconformity is not corrected, the City Engineer shall be notified in writing of the nonconformity and of the corrective measures to be taken. Such notice shall be delivered to the office of the City Engineer within twenty-four (24) hours except in the case of mass grading, which is more than 10,000 cubic yards per day, when the time limit shall be eight (8) hours.

If, for any reason, the services of any of the three (3) professional persons are terminated during the progress of the grading work, such professional person and the permittee shall immediately notify the City Engineer in writing. Such termination may result in temporary delays in the grading operations until satisfactory arrangements are made to assure the City Engineer that competent professional supervision is provided. When the services of one or all three (3) of the professionals of record are terminated, the professional whose services have been terminated shall submit to the City Engineer certification of work performed under his supervision, along with deficiencies to be corrected. The new professional shall submit to the City Engineer a letter of certification that the previous professional’s design, reports, and recommendations have been reviewed, that all provisions the City Engineer required as conditions of the grading permit will be complied with during the course of the work, and that he shall review the detailed grading plans and thus assume his responsibility as set forth in this chapter for all future grading on the project. The letters shall be referenced to the approved grading plans prepared by the design civil engineer.

The certification shall state that the job was constructed as indicated by the “as built” plant, that the soils engineer and engineering geologist’s reports and certifications have been submitted, that they have provided their services in accordance with good practices, and that all drainage provisions and safety features have been incorporated in the grading of the site.

(d) Hillside grading. The rules and regulations set forth in this subsection shall apply to all hillside grading in the City which shall be considered supervised grading.

The permittee shall employ a registered civil engineer to prepare the design of grading plans for all hillside grading. The design civil engineer shall prepare his design in accordance with good planning practices and applicable codes and to the restrictions imposed as determined by detailed studies of the site and materials to be graded. Such studies shall be performed by a soils engineer and an engineering geologist approved by the City Engineer and shall be submitted prior to the issuance of permits. The civil engineer shall furnish sufficient supervision during construction to obtain compliance with the plans as approved.

The permittee shall employ a soils engineer and an engineering geologist whose duties shall be to work closely with the civil engineer, to examine surface and subsurface conditions in accordance with the provisions of subsection (f) of Section 7-3.08 of this chapter, and to submit reports thereon. Such reports, in conjunction with the provisions of this chapter, shall form the basis for the design of the grading project. Such reports shall be based upon a detailed topographic base map of the area to be graded and shall include specific conclusions and recommendations for avoidance or correction of all known existing or anticipated geologic hazards and any adverse soil conditions on or affecting the site or contiguous property.

The soils engineer, in addition to his pregrading exploratory work, shall provide inspections during the placement of all compacted fill in accordance with the requirements of this chapter, the approved plans, and good engineering practices. In addition, he shall follow the progress of the job sufficiently close to determine that the recommendations of his pregrading report are followed. If conditions which require the modification of plans are encountered during grading, he shall submit a report of his findings and recommendations for a change of plans to the permittee and the civil engineer, the engineering geologist, and the City Engineer. Periodic reports may be required as set forth in subsection (a) of this section.

The engineering geologist, in addition to his pre-grading exploratory work, shall provide inspections during the actual grading process at least as often as determined to be appropriate by the City Engineer. Such grading inspections by the engineering geologist are to determine that the conditions of his pregrading reports are as anticipated. If conditions which require the modification of plans are encountered during grading, he shall submit a report of his findings and recommendations to the permittee, the civil engineer, the soils engineer, and the City Engineer. Periodic reports may be required as set forth in subsection (a) of this section.

The soils engineer, at the completion of the grading, shall submit a certified report of compaction tests for all fill located within the limits of the tract and/or off-site grading areas. The soils engineer’s final report shall also include a statement that all subdrains were installed, his professional opinion of the suitability of the fill placement area and the ability of the natural materials to support the compacted fill without excessive settlement of the fill or potential damage to structures erected thereon, and a statement to the effect that he has inspected all cuts and fills and that, in his opinion, they meet the design requirements. The report shall be referenced to a dated “as built” plan prepared by the design civil engineer.

The engineering geologist, at the completion of grading, shall submit a final geologic report stating that he has maintained the required in-grading inspection, that the recommendations of his pregrading report have been followed, that in his professional opinion all known adverse geologic conditions have been corrected or provided for, that future adverse geologic conditions are not anticipated, and that all lots or sites are geologically suitable and safe for construction. The report shall include the geologist’s certification that he has inspected all cut slopes and sidehill fill placement areas prior to the placement of fill. He shall also certify that all subdrain placement areas were inspected prior to the installation of the subdrains. The report shall be referenced to a dated “as built” plan prepared by the design civil engineer.

Upon completion of the grading, the civil engineer responsible for the design shall submit an “as built” plan to the City Engineer for the approval of all work covered by the grading permit and shall include the following:

(1) The plan shall be one inch equals forty (40’) feet scale, unless otherwise approved by the City Engineer, and shall show the locations of streets, pads, slopes, structures, pertinent elevations, original contours and finished elevations, and other pertinent information required to show the as-built condition, and shall be dated.

(2) The plan shall bear the signature of the design civil engineer who shall certify that he has inspected the site, reviewed the plans, and that the work shown and completed is substantially in accordance with his design.

(3) The plan shall also bear the signatures of the soils engineer and the engineering geologist who shall certify that they have reviewed the plans and that the work shown and completed is in accordance with their recommendations.

(§ 2, Ord. 156-NS, eff. August 27, 1970, as amended by § I, Ord. 534-NS, eff. June 19, 1975)

(a) Requirements. All construction or work for which a permit is required shall be subject to inspections by authorized employees of the City, and certain types of work to be determined by the City Engineer shall have either continuous or constant inspection and supervision by a registered civil engineer, and/or other appropriate consultants, soils engineer, and engineering geologist as a condition of the issuance of the grading permit. Prior to issuing a grading certificate, a final inspection shall be made of all construction or work for which a permit has been issued.

(b) Exposure of work. Whenever any work on which called inspections are required, as specified in this section, is covered or concealed by additional work without having first been inspected, the City Engineer may require, by written notice, that such work be exposed for examination. The work of exposing and recovering shall not entail expense to the City.

(c) Notices. The permittee or his agent shall notify the City Engineer twenty-four (24) hours in advance of the time when the grading operation is ready for each of the following inspections:

(1) Initial inspections. When the permittee is ready to begin work but before any grading or brushing is started;

(2) Toe inspections. After the natural ground is exposed and prepared to receive fill but prior to the placing of any fill. Approval for placing fill shall not be made until all debris and unsuitable material has been removed from the site to an approved location;

(3) Subdrain inspections. Inspections shall be required on all subdrains after the installation but prior to the placement of any fill;

(4) Excavation inspections. After the excavation is started but before the vertical depth of the excavation exceeds ten (10’) feet;

(5) Fill inspections. After the fill emplacement is started but before the combined vertical height of the lift exceeds ten (10’) feet;

(6) Drainage device inspections. After the forms, steel reinforcement, and pipe are in place but before any concrete is placed;

(7) Rough grading. When all the rough grading has been completed. This inspection may be called for at the completion of the rough grading without the necessity of the City Engineer having previously reviewed and approved applicable reports;

(8) Rough grading certification. A conditional interim certificate may be issued to the Public Works Department to allow the issuance of building permits. This certificate shall in no way exonerate the applicant from completing the grading;

(9) Final certification. When all work, including the installation of all drainage structures, other protective devices, the compaction of trench backfill, and planting and slope stabilization, has been completed and the “as built” plan and required reports have been submitted;

(10) Other inspections. In addition to the called inspections provided by this section, the City Engineer may make any other inspections of any work to ascertain compliance with the provisions of this chapter and other laws; and

(11) Interrupted grading. When the permittee is ready to resume work, but before any grading or brushing is started, the permittee or his agent shall notify the City Engineer twenty-four (24) hours in advance of the time when the grading operation is ready.

(d) Certification. The City Engineer shall certify to the Building Official, upon the completion of the grading work, that all grading work has been done in compliance with all approved grading plans and reports and that all applicable Building Code regulations shall be administered by the office of the Building Official thereafter.

(e) Issuance of certificates. Upon the final inspection when it is found that the work authorized by the grading permit, including the installation of all drainage structures, has been satisfactorily completed in accordance with the requirements of this chapter, a grading certificate covering such work shall be issued to the permittee by the City Engineer.

(f) Final reports. Upon the completion of the work, the City Engineer may require the following reports and information:

(1) A report from a registered civil engineer certifying that all grading, lot drainage, and drainage facilities have been completed in conformance with the approved plans and the provisions of this chapter and that the graded site will support residential or commercial type structures, whichever is applicable;

(2) A soils engineering report including, but not limited to, certification of the soil bearing capacity, summaries of field and laboratory tests, locations of tests, expansive soil classification lot by lot, and slope tests taken in the fills showing the limits of compacted fill on an “as built” grading plan;

(3) An engineering geology report by the engineering geologist, based on the final contour map, including specific approval of the grading as affected by geological factors. Where necessary, a revised geologic map, cross sections, and any recommendations necessary shall be included; and

(4) When “as built” grading plans are required, as determined by the City Engineer, such plans shall be signed by the supervising civil engineer, the soils engineer, and the engineering geologist, when applicable, for their portions of the work.

(§ 2, Ord. 156-NS, eff. August 27, 1970, as amended by § I, Ord. 534-NS, eff. June 19, 1975)

(a) Height. Cut slopes shall not exceed a vertical height of twenty-five (25’) feet unless approved by the Planning Commission or City Council. If a cut slope is permitted above such height, a horizontal bench with a minimum width of twenty-five (25’) feet may be required to be installed at each one hundred (100’) feet of vertical height, and intervening terraces may also be required as set forth in subsection (e) of this section. Slope height shall be measured by taking the difference in the elevation of the top of slope and the toe of slope. The top of slope height shall be measured at the center of the radius where slope rounding to blend with natural terrain is employed.

(b) Slope. Excavations shall not be made with a cut face steeper in slope than two (2) horizontal to one vertical.

Exceptions.

(1) The City Engineer may authorize a cut slope which is steeper in slope than two (2) horizontal to one vertical, and has a slope height of less than six (6') feet, if:

(i) The applicant can demonstrate that because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this section would deprive such property of the ability to be reasonably developed; and

(ii) The applicant produces sufficient data from a soils engineer, an engineering geologist, and a landscape architect to demonstrate that the material of which the slope is composed and that the material underlying the slope is capable of permanent stability on a steeper slope, and that the required slope planting can be adequately maintained.

(2) The Planning Commission or City Council may authorize a cut slope which is steeper in slope than two (2) horizontal to one vertical and which exceeds six (6’) feet in height if:

(i) The applicant can demonstrate that because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this section would deprive such property of the ability to be reasonably developed; and

(ii) The applicant produces sufficient data from a soils engineer, an engineering geologist, and a landscape architect to demonstrate that the material of which the slope is composed and that the material underlying the slope is capable of permanent stability on a steeper slope, and that the required slope planting can be adequately maintained.

(c) Unstable material. If the material of the slope is of such composition and character as to be

unstable, considering all types of anticipated loading and moisture conditions, the engineering geologist and soils engineer shall, by testing and analysis, provide specific criteria for the stabilization of such material by the reduction of the slope angle, by buttressing, or by a combination of these or other means.

(d) Cut slope limits. Tops of cut slopes shall not be made nearer than one (1’) foot plus one-fifth (1/5) the height of the cut to the project boundary but need not exceed a horizontal distance of ten (10’) feet. Cut slopes shall not be divided horizontally by property lines, and cut slopes occurring on a side or rear lot line shall be made a part of the downhill lot. If the City Engineer determines that such requirement is unnecessary because of special conditions, he may make adjustments as a condition of the grading permit.

(e) Intervening terraces. Terraces shall be paved (concrete or gunite) terraces on cut slopes, shall have a minimum width of six (6’) feet, shall be extensively landscaped in accordance with an approved landscaping plan, and shall be spaced at intervals of thirty (30’) feet measured vertically. Where only one terrace is utilized, it shall be placed at approximate mid-height. For slopes flatter than two (2) to one, or where soil conditions warrant, additional intervening terraces may be required.

(f) Temporary excavations and shoring. Excavations shall not remove the lateral support from a public way or from an existing structure. For the purposes of this section, the lateral support shall be considered to have been removed when any of the following conditions exist:

(1) The excavation exposes any adverse geological formations which would affect the lateral support of a public way or of an adjacent structure.

(2) The excavation extends below a plane extending downward at an angle of forty-five (45) degrees from the edge of the public way.

Exception: Normal footing excavations not exceeding two (2’) feet in depth shall not be construed as removing lateral support.

(3) The excavation extends below a plane extending downward at an angle of forty-five (45) degrees from the bottom of a footing of an existing structure.

(g) Excavations adjacent to an existing structure or public way. Excavations adjacent to an existing structure or public way may be steeper than one horizontal to one vertical where either:

(1) A foundation investigation by a soils engineer recommending that the slope may be steeper than one to one has been approved by the City Engineer; or

(2) Temporary shoring is designed to support the excavation and plans are approved and a permit is issued by the City Engineer.

(i) The temporary shoring shall be designated for an earth pressure equivalent to that erected by a fluid weighing not less than thirty (30) pounds per cubic foot, plus all surcharge loads, or as recommended by a soils engineer and approved by the City Engineer.

(ii) The soil bearing values shall be those recommended by a soils engineer and approved by the City Engineer.

(iii) The design of the required temporary shoring and necessary underpinning shall include a sequence of construction and installation.

(iv) The allowable stresses used in the design of the temporary shoring may be increased thirty-three and one-third (33-1/3%) percent for structural and reinforcing steel and twenty-five (25%) percent for wood. No increase shall be permitted for concrete.

No action of the Council, Planning Commission, or City Engineer shall be construed to waive the requirements of the General Safety Orders of the Department of Industrial Relations of the State.

(§ 2, Ord. 156-NS, eff. August 27, 1970, as amended by § I, Ord. 534-NS, eff. June 19, 1975, and § 1, Ord. 1098-NS, eff. April 11, 1991)

(a) Height. No finished fill slope shall exceed a vertical height of twenty-five (25') feet unless approved by the Planning Commission or City Council. If a fill slope is permitted above such height, a horizontal bench with a minimum width of twenty-five (25’) feet may be required to be installed at each one hundred (100’) feet of vertical height, and intervening terraces also may be required as set forth in subsection (e) of this section.

(b) Slope. No fill shall be made which creates any exposed surface steeper in slope than two (2) horizontal to one vertical.

Exceptions:

(1) The City Engineer may authorize a fill slope which is steeper in slope than two (2) horizontal to one vertical and is less than six (6’) feet in height, if:

(i) The applicant can demonstrate that because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this section would deprive such property of the ability to be reasonably developed; and

(ii) The applicant produces sufficient data from a soils engineer, an engineering geologist, and a landscape architect to demonstrate that the material of which the slope is composed and that the material underlying the slope is capable of permanent stability on a steeper slope, and that the required slope planting can be adequately maintained.

(2) The Planning Commission or City Council may authorize a fill slope which is steeper in slope than two (2) horizontal to one vertical and which exceeds six (6’) feet in height, if:

(i) The applicant can demonstrate that because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this section would deprive such property of the ability to be reasonably developed; and

(ii) The applicant produces sufficient data from a soils engineer, an engineering geologist, and a landscape architect to demonstrate that the material of which the slope is composed and that the material underlying the slope is capable of permanent stability on a steeper slope, and that the required slope planting can be adequately maintained.

(c) Unstable material. The City Engineer may require that the fill be constructed with an exposed surface flatter than two (2) horizontal to one vertical if, under the particular conditions, such flatter surface is necessary for stability or safety.

(d) Fill slope limits. Toes of fill slopes shall not be made nearer to a project boundary line than one-half (1/2) of the height of the fill but need not exceed a horizontal distance of twenty (20’) feet. Fill slopes shall not be divided horizontally by property lines, and fill slopes occurring on a side or rear lot line shall be made a part of the downhill lot. If the City Engineer determines such requirement is unnecessary because of special conditions, he may make adjustments as a condition of the grading permit.

(e) Intervening terraces. Terraces shall be paved terraces, shall have a minimum width of six (6’) feet, shall be extensively landscaped in accordance with an approved landscaping plan, and shall be spaced at vertical intervals of thirty (30’) feet; provided, however, for slopes less than forty (40’) feet in vertical height, the terraces shall be approximately at mid-height. For slopes flatter than two (2) horizontal to one vertical, or where soil conditions require, additional intervening terraces may be required.

(f) Compaction. All fills shall be placed, compacted, inspected, and tested in accordance with the provisions of this subsection. If the strict enforcement of the provisions of this subsection is determined by the City Engineer to be unnecessary because of the proposed or probable use of the land, he may waive the requirements. The requirements of this subsection shall not be waived when structures are to be supported by the fill, or if the fills are being placed in areas to be designated as hillside, or where they are necessary as a safety measure to aid in preventing the saturation, settling, slipping, or erosion of the fill.

(1) The natural ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, top soil, and/or porous, compressible soil. Where natural slopes are five (5) horizontal to one vertical or

steeper, and the height of the fill is twenty (20') feet or greater, benching into sound bedrock or other competent material shall be required. Fill slopes which toe on natural slopes shall be provided with adequate drainage.

(2) No deleterious material shall be permitted in fills. Except as otherwise permitted by the City Engineer, no rock or similar irreducible material with a maximum dimension greater than eight (8”) inches shall be buried or placed in fills.

Upon recommendations made by a soils engineer and approved by the City Engineer prior to the grading of any project, rock with dimensions from eight (8”) inches to thirty-six (36”) inches may be placed in compacted fill. Such oversized rocks shall not be in the upper ten (10’) feet of compacted fill or nearer than twenty (20’) feet to the surface of any fill slope. Such rock areas shall be shown on “as built” plans and certified to be compacted by the soils engineer.

(3) The fill shall be spread in a series of layers, each not exceeding eight (8”) inches in thickness, and shall be compacted by an approved method after each layer is spread.

(4) The moisture content of the fill material shall be controlled at the time of spreading and compacting to obtain the required relative compaction and avoid excessive pore pressure as the fill increases in depth.

(5) All fills shall be compacted to a minimum of ninety (90%) percent of the maximum density as determined by A.S.T.M. D 1557-66T, Method A or C, modified to three (3) layers. If the required degree of relative compaction cannot be attained on sloped surfaces, the slope shall be cut back until the compacted inner core is exposed.

The field density shall be measured in accordance with the procedure specified in A.S.T.M. D 1556-58T, or a later revision, using the optional base plate and making a suitable adjustment for volumes of rocks in the test hole or other approved testing methods giving equivalent test results.

(6) A field density test, as set forth in subsection (5) of this subsection, shall be taken for each eighteen (18”) inches of fill, or portion thereof, measured vertically from the lowest point of the area to be filled, or 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 lot which receives fill.

(7) All fills regulated by the provisions of this chapter shall be tested for relative compaction by the soils engineer. A certificate of compliance with the terms of this section and the grading permit, setting forth densities, relative compaction, the expansive soil report, allowable bearing value, and other soil characteristics, shall be prepared and signed by the soils engineer. Such report shall be submitted to, and be approved by, the City Engineer before any final approval of the fill is given and before any foundation construction begins.

(8) If building is not commenced within one year following the final certification and approval by the City Engineer, a reevaluation as to the adequacy of the intended use and a report shall be filed with the City Engineer for approval. Such report shall contain data on compaction, stabilization, and expansive soils.

(g) Fills toeing out on natural slopes. Fills toeing out on natural slopes which are steeper than two (2) horizontal to one vertical shall not be permitted.

(h) Combined cut and fill slopes. Combined cut and fill slopes shall meet the requirements of subsections (a), (b), (c), and (d) of this section insofar as steepness, height, and benching are concerned except that, where the slope exceeds twenty-five (25’) feet in height, the required drainage bench shall be placed at the top of the cut slope.

Fill placed on or above the top of an existing or proposed cut or natural slope steeper than three (3) horizontal to one vertical shall be set back from the top of the slope a minimum distance of six (6’) feet.

(i) Existing fills. All existing man-made fills on any and all sites shall be properly evaluated, and, if deficiencies exist, recommendations and design criteria for corrective measures shall be included within the soils engineering report.

(j) Progress reports.

(1) Periodic soils reports by a soils engineer certifying the compaction or acceptability of all fills may be required. Such reports shall include, but need not be limited to, the inspection of cleared areas and benches prepared to receive fill and the removal of all soil and unsuitable materials, 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. The frequency of such reports shall be at the discretion of the City Engineer and shall be a condition of the grading permit.

(2) The City Engineer may require sufficient inspections by an engineering geologist to ensure that all geologic conditions have been adequately considered. Where geologic conditions warrant, the City Engineer may require periodic geologic reports. Such inspections and reports may be required to include, but need not be limited to, the inspection of cut slopes, canyons during clearing, operations for groundwater and earth material conditions, benches or keys prior to the placement of fill, and possible underground water spring locations.

(k) Measure of settlement. On fills of forty (40') feet or more, if recommended by the soils engineer, the City Engineer or the Building Official may require the determination of the settlement characteristics of such fills to establish that any movements have substantially ceased.

In such cases, a system of bench marks shall be installed by a civil engineer or land surveyor at critical points on the fill, and accurate measurements of both horizontal and vertical movements shall be taken and evaluated by the soils engineer for a period of time sufficient to define the settlement behavior. The evaluation period shall in all cases include the period from November 1 through April 15 (the rainy season).

(§ 2, Ord. 156-NS, eff. August 27, 1970, as amended by § I, Ord. 534-NS, eff. June 19, 1975, and § 2, Ord. 1098-NS, eff. April 11, 1991)

(a) Intervening terraces. Paved (reinforced concrete or gunite) intervening terraces shall have a minimum width of six (6') feet and may be installed on the face of all cut and fill slopes at intervals not to exceed thirty (30') feet measured along a vertical plane.

The longitudinal slope of intervening terraces shall not be less than two (2%) percent or more than twelve (12%) percent, and any change in the rate of grade within these allowable slopes shall increase the grade in the direction of the flow.

A single run of an intervening terrace shall not exceed two hundred (200') feet to a downdrain.

If soil in paved terrace areas is termed "expansive", the paved terraces shall be designed by a registered civil engineer to resist the expansive characteristics of the area.

(b) Diverter terraces. Where recommended by a soils engineer, paved (concrete or gunite) diverter terraces, a minimum of thirty (30") inches in width and one (1') foot in depth, shall be installed at the top of all cut slopes where the tributary drainage area above has a slope exceeding ten (10) horizontal to one vertical and a horizontal projection greater than fifty (50') feet. The diverter terrace design shall be shown on each plan for City approval, based on the recommendations of the soils engineer and engineering geologist to the satisfaction of the City Engineer.

(c) Vee channels. Where a slough wall is required at the toe of the slope, the City Engineer may require a vee channel to be constructed behind the wall to carry off the slope waters.

(d) Inlet structures, downdrains, and outlet structures.

(1) Inlet structures. Inlet structures shall be of concrete, galvanized iron hot-dipped in asphalt, or equivalent. The inlet shall be grated or grilled or of such entry shape as to prevent the entry of objects of greater than four (4") inches dimension and permit objects of a maximum of two (2") inches dimension. Inlet structures shall be placed on the bench and shall be so shaped as to provide small entry losses. An overflow structure into the "vee" down-drains shall be provided.

(2) Downdrains. Downdrains shall be of concrete, corrugated galvanized iron hot-dipped in asphalt, or equivalent. Pipe downdrains shall have a diameter of a size required by runoff calculations but not less than twelve (12") inches. Open channel downdrains shall be designed by a civil engineer and shall have a minimum capacity equal to four (4) times the capacity of the required pipe size. The alignment of downdrains shall be such as to maintain a constant velocity head.

(3) Cleanouts. Cleanouts shall be provided at all points of severe change in grade and at points of entry to public rights-of-way.

(4) Outlet structures. Outlet structures shall be of concrete, galvanized iron hot-dipped in asphalt, or equivalent.

Where outletting into streets, the structure shall be of City standards or a design approved by the City Engineer. Where outletting into natural watercourses or other approved locations, the structure shall be provided with adequate velocity reducers, diversion walls, riprap, concrete aprons, or any similar energy dissipator. All slope drainage shall be collected and disposed of in the drainage device.

(e) Runoff computations. Runoff shall be based upon the proper fifty (50) year isohyetal map, and the runoff calculation shall be based upon the latest methods adopted by the City Engineer.

(f) Drainage dispersal walls. A drainage dispersal device shall be constructed whenever it is necessary to convert channel flow to sheet flow, and the structure shall be of a design approved by the City Engineer.

(g) Subdrains. Subdrains shall be installed to collect any active or potential springs or seeps which will be covered by the fill. Subdrains shall be installed after any watercourse has been excavated to firm material in preparation for receiving the fill. Individual design shall be shown on each plan for the City Engineer's approval. Upon the recommendation of the soils engineer and engineering geologist, and upon the approval of the City Engineer, the installation of subdrains may be eliminated.

(h) Site drainage. All building pads with cut or fill shall be constructed to carry surface waters to the nearest practical street, storm drain, or natural watercourse approved by the City Engineer and/or appropriate governmental agency as a safe place to deposit such waters. At least a two (2%) percent grade toward the approval disposal area shall be required for building pads. Where recommended by the soils engineer, eave or ground gutters shall be provided to receive all roof water and deliver it through a non-erosive device to a street or watercourse. Compacted fill berms shall be required to be constructed at the top of all slopes where diverter terraces are not required by the City Engineer.

(§ 2, Ord. 156-NS, eff. August 27, 1970; as amended by § I, Ord. 534-NS, eff. June 19, 1975)

(a) General. A buttress fill is a designed compacted earth fill used for providing lateral support to an unstabilized earth or rock mass. All buttress fills shall be designed in accordance with the recommendations and design criteria, including the subdrain system, submitted by the soils engineer or engineering geologist with the approval of the City Engineer.

(b) Foundation. The ability of the foundation soil to support the buttress shall be investigated, and additional benching shall be required to what is otherwise specified for ordinary fills. The soils engineer shall provide specifications for keying the base of the buttress and for bonding the buttress to the natural ground.

(c) Subdrains. Subdrains which blanket the entire back face of the buttress or which occur at intervals shall be provided to prevent the buildup of hydrostatic pressure. The details of subdrains shall be provided by the soils engineer.

(d) Safety factor. The buttress fill shall be designed for a minimum safety factor of 1.50 based upon the smaller value of yield or ultimate shear strength of the fill material.

(§ 2, Ord. 156-NS, eff. August 27, 1970, as amended by § I, Ord. 534-NS, eff. June 19, 1975)

An evaluation in detail of all areas subject to slides or unstable soils shall be required from a soils engineer and engineering geologist and shall include design criteria for corrective measures.

(§ 2, Ord. 156-NS, eff. August 27, 1970; as amended by § I, Ord. 534-NS, eff. June 19, 1975)

All cut and fill slopes greater than three (3’) feet in height shall be planted and irrigated with a sprinkler system in accordance with the provisions of this chapter.

(a) The permittee, or his authorized representatives, shall be responsible for installing all landscaping in accordance with an approved landscape planting plan, for a sprinkler system, and for maintaining all cut and fill slopes. The installation of the landscaping and of the required sprinkler system shall be complete within six (6) months after the date of the termination of the grading. Deviations from the requirements of this section may be permitted in exceptional circumstances or where unavoidable hardship would result from a strict application of these requirements when a waiver has first been obtained from the Planning Commission. Applications for waivers and the processing thereof shall be in accordance with the procedures specified in Article 28 of Chapter 4 of Title 9 of this Code. A separate bond or cash deposit shall be posted with the Public Works Director to guarantee such landscaping, sprinkler system, and the maintenance thereof, and such bond or cash deposit, or portions thereof, shall not be released until the landscaping has been established for at least ninety (90) days after planting and permanent responsibility for the landscape maintenance has been established.

(b) Landscaping planting plan. A landscaping planting plan shall be prepared and submitted for approval by the Public Works Director and the Community Development Director immediately upon the completion of the grading and in no event less than within ninety (90) days after the date the grading is commenced, whichever first occurs. In the event the grading should take over ninety (90) days to complete when diligently pursued, the Public Works Director may grant a reasonable extension of time for the submission of the landscape plan required herein, providing the plan is submitted in time to comply with the provisions of subsection (a) of this section. A soil test shall be made to determine the plant materials which are suitable for the slopes, and the plant materials utilized on the slopes shall be compatible with the soils report and in accordance with the approved planting schedule or as required by a condition of a development permit, tentative tract map, or land division. There shall be a variety of ground covers, trees, and shrubs incorporated into the landscaping plan and utilizing plants from the “Approved Planting Schedule” set forth in subsection (d) of this section. Other plant materials may be substituted for the “Approved Planting Schedule” if submitted and recommended by a registered landscape architect and approved by the Public Works Director and the Community Development Director.

(c) Irrigation plan. An irrigation plan for the sprinkler system to be installed on all cut and fill slopes shall be submitted to and approved by the Public Works Director and the Community Development Director prior to the issuance of the grading permit. On slopes conveniently located to a proposed hose bib connected to a house plumbing installation, where the slope does not exceed eight (8’) feet in height or a maximum area of one thousand (1,000) square feet, a hand sprinkling system may be utilized if development on the lot has commenced and is being diligently pursued within six (6) months after the completion of the grading.

(d) Approved planting schedule. All plants required by the provisions of this section shall be selected from the planting pallets provided within the Forestry Master Plan, the following City Approved Planting Schedule or as approved by the Public Works Director and the Community Development Director or their respective designees. Additionally, the use of drought-resistant plants shall be maximized to the greatest extent possible in any approved planting.

APPROVED PLANTING SCHEDULE

A. Ground covers.

(1) Hydromulched mixtures shall be acceptable as ground covers under the provisions of this section and may include:

(i) A flower hydromulched mixture which shall contain:

(ii) Native plant hydromulched mixtures which shall contain:

(2) The following ground covers from rooted cuttings shall be planted at eighteen (18") inches on center:

(i) Rosemarinus Officinalis Rosemary

(ii) Gazania Uniflora Trailing Gazania

(iii) Hedera Varieties Ivy

(iv) Osteospermum sp. African Daisy

(v) Hypericum Calycinum Aaron's Beard

(vi) Achillea Millefolium Yarrow

(vii)Epilobium Canum California Fuchsia

(viii) Eriogonum Cinereum Ashy-Leaf Buckwheat

B. Trees.

(1) Juglans California California Black Walnut

(2) Shinus Molle Peruvian Pepper

(3) Plantanus Racemosa California Sycamore

(4) Pinus Halepensis Aleppo Pine

(5) Quercus Agrifolia Coast Live Oak

(6) Quercus Lobata Valley Oak

(7) Eucalyptus Saligna Sydney Blue Gum

(8) Eucalyptus Cornuta Yate Eucalyptus

C. Shrubs for hillside planting.

(1) Acacia Longifolia Sydney Golden Wattle

(2) Baccharis Pilularis Coyote Brush

(3) Acacia Cyclopis Cyclops Acacia

(4) Arctostaphylos ssp. Manzanita

(5) Atriplex Lentiformis Quail Bush

(6) Callistemon Rigidus Stiff Bottlebrush

(7) Ceanothus Griseus Variety California Lilac

(8) Cystisus Genista, Spartium Broom

(9) Dodonaea Viscosa "Purpurea" Purple Hopseed

(10) Eleagnus Pungens Silverberry

(11) Eriogonum Fasciculatum California Buckwheat

(12) Fremontodendron Californica Flannelbush

(13) Grevillea Lanigera Wooly Grevillia

(14) Juniperus Chinensis Varieties Juniper

(15) Nerium Oleander Oleander

(16) Rhamnus Californica California Coffeeberry

(17) Malosma Laurina Laurel Sumac

(18) Rhus Integrifolia Lemonadeberry

(19) Rhus Ovata Sugar Bush

(20) Heteromeles Arbutifolia Toyon

(21) Pyracantha "Santa Cruz" Santa Cruz Pyracantha

(22) Encelia Californica California Sunflower

(23) Isomeris Arborea Bladderpod

(24) Salvia spp. Sage

(§ 2, Ord. 156-NS, eff. August 27, 1970, as amended by § I, Ord. 534-NS, eff. June 19, 1975, §12, Ord. 1217-NS, eff. September 27, 1994, and § 4, Ord. 1372-NS, eff. February 8, 2001)

The Council may enact rules and regulations not in conflict with the provisions of this chapter to accomplish the purpose and intent of this chapter.

(§ 2, Ord. 156-NS, eff. August 27, 1970; as amended by § I, Ord. 534-NS, eff. June 19, 1975)

(a) Violations enumerated. No person shall fail, refuse, or neglect to comply with the following provisions:

(1) All orders issued by the City Engineer or the Building Official pursuant to the provisions of this chapter;

(2) All conditions imposed on grading permits pursuant to the provisions of this chapter; and

(3) All rules and regulations of the office of the City Engineer with respect to grading which were in effect at the time the grading permit was issued.

(b) Penalties. Any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a violation of this Code pursuant to Section 1-2.01 of Chapter 2 of Title 1 of this Code, and each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any of the provisions of this chapter is committed, continued, or permitted.

(c) Letters of noncompliance. Whenever any construction or work is being done contrary to the provisions of this chapter or any other law, the City Engineer or his duly authorized representative may issue a letter of noncompliance. The letter of noncompliance shall be issued to the developer, the civil engineer, and the contractor immediately on that portion of the work on which the noncompliance has occurred. If the portion of the work on which the noncompliance has occurred is not remedied, a stop work order shall be issued; or if the portion of the work on which the noncompliance has occurred is corrected, a letter shall be issued stating that the noncompliance has been rectified, and such letter shall be distributed to the developer, the civil engineer, and the contractor. The issuance of a letter of noncompliance shall not be a prerequisite for the issuance of a stop work order by the City Engineer or his authorized representative.

(d) Stop work orders. Whenever any construction or work is being done contrary to the provisions of this chapter or any other law, or public or private property is endangered, the City Engineer may issue a written notice to the responsible party to stop work on that portion of the work on which the violation has occurred or upon which the danger exists. The notice shall state the nature of the violation or the danger, and no work shall be done on that portion until the violation has been rectified and approval obtained from the City Engineer or until, as a condition for the continuance of the work, special precautions to eliminate the hazards have been approved by the City Engineer.

(§ 2, Ord. 156-NS, eff. August 27, 1970, as amended by § I, Ord. 534-NS, eff. June 19 1975, and § XXIX, Ord. 770-NS, eff. February 26, 1981)