Chapter 15.85 — GRADING AND EROSION CONTROL

The purpose of this section is to safeguard life, limb, property and the public welfare by regulating grading on private property.

(Ord. 776-13 § 3, 2013)

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

• B. These regulations in Chapter 15.85 do not alter or replace the grading related requirements found under Chapter 18.96, Hillside Combining (-H) District, of the Municipal Code.

• (Ord. 776-13 § 3, 2013)

For the purposes of this chapter, the terms, phrases and definitions listed in this section shall have the following meanings:

"Approval" - The proposed work or completed work conforms to this chapter in the opinion of the City Engineer.

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

"Bedrock" - In-place solid rock.

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

"Borrow" - The earth material acquired from an off-site location for use grading on site.

"Chief Building Official" - The Chief Building Official of the City of Union City. When appropriate, the Chief Building Official may authorize the City Engineer to carry out any of the duties and responsibilities of the Chief Building Official under this chapter.

"City Engineer" - The City Engineer of the City of Union City. When appropriate, the City Engineer may authorize the Chief Building Official to carry out any of the duties and responsibilities of the City Engineer under this chapter.

"Civil engineer" - An engineer registered in the State of California to practice in the field of civil works.

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

"Clearing" - The removal of plant material which may include removing approximately two to four inches of top soil in the process of clearing the ground surface.

"Compaction" - The densification of a fill by mechanical means.

"Cut" - The mechanical removal of earth material, also referred to as "excavation."

"Down drain" - A device for collecting water from a swale or ditch located on or above a slope, and safely delivering it to a designated drainage facility.

"Earth material" - Any rock, natural soil or fill or any combination thereof.

"Erosion" - The wearing away of the ground surface as a result of the movement of wind, water or ice.

"Excavation" - The mechanical removal of earth material, also referred to as a "cut."

"Fill" - The deposition of earth materials by artificial means.

Geotechnical engineer. - See "Soils engineer."

"Grade" - The vertical location of the ground surface.

• A. Existing grade is the grade prior to grading.

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

• C. Rough grade is the stage at which the grade approximately conforms to the approved plan.

"Grading" - Any excavating or filling or combination thereof, or the removal, plowing under, or burial of vegetative groundcover.

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

"MRP" - Municipal Regional Stormwater Permit.

"NPDES" - National Pollutant Discharge Elimination System.

"Professional inspection" - The inspection required by this chapter to be performed by the Civil Engineer or Soils Engineer or those performed by persons authorized by such engineers and which shall be deemed sufficient to form an opinion relating to the conduct of the work.

"Site" - Any lot or parcel of land or contiguous combination thereof where grading is performed or permitted.

"Slope" - An inclined ground surface, the level of steepness of which is expressed as a ratio of horizontal distance to vertical distance, or as equivalent percentage.

"Soil" - The naturally occurring superficial deposits overlying bedrock.

"Soils engineer (geotechnical engineer)" - A State of California registered soils engineer experienced and knowledgeable in the practice of soils mechanics.

"Soils engineering (geotechnical engineering)" - The application of the principles of soils mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection or testing of the construction thereof.

"SWPPP" - Stormwater Pollution Prevention Plan.

"Terrace" - A relatively level step constructed in the face of a grade slope surface for drainage and maintenance purposes.

"Top soil" - The upper few inches of undisturbed ground consisting mostly of organic matter such as plants, roots and mulch, etc.

(Ord. 776-13 § 3, 2013)

All construction related activities throughout the City, including design of New Development and Redevelopment and Construction Site Controls, shall conform to the requirements of the most current edition of the Regional Water Quality Control Board's (RWQCB) Municipal Regional Stormwater Permit (MRP).

(Ord. 776-13 § 3, 2013)

Except as exempted in Section 15.85.070 of this chapter, no person shall grade or permit to grade without first obtaining a grading permit from the City Engineer and shall comply with the requirements of the grading permit, this chapter and the MRP. A separate permit shall be obtained for each site. The applicant shall state the estimated quantities for excavation and fill at the time of application. A grading permit does not include the construction of retaining walls or other structures.

(Ord. 776-13 § 3, 2013)

• A. A grading permit shall not be required for the following:

  1. Excavation for construction of a structure permitted under the Uniform Building Code (UBC), including an excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This exemption shall not apply to any other on-site grading for the project which may require a grading permit.

  2. Cemetery graves.

  3. Refuse disposal sites controlled by other regulations.

  4. Excavations for wells, or trenches for utilities.

  5. Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties.

  6. Exploratory excavations performed under the direction of a registered design professional.

• B. Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of the UBC or any other laws or ordinances of this jurisdiction.

• (Ord. 776-13 § 3, 2013)

Whenever the City Engineer determines that any existing excavation or embankment or fill on public or private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the City Engineer, shall within the period of specified therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with requirements of this chapter. (Ord. 776-13 § 3, 2013)

• A. Application for a grading permit shall be accompanied by two sets of plans, and any required supporting documents, such as soils engineering report, as determined by the City Engineer. The plans shall be prepared and signed by an individual licensed by the State of California to prepare such plans or specifications when required by the City Engineer.

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

• C. The plans shall include the following information:

  1. General vicinity of the proposed site.

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

  3. Limiting dimensions, elevations or finish contours to be achieved by grading and related construction.

  4. The existing grade and finished grade in contour intervals of sufficient clarity to indicate the nature and extent of the work and show in detail that it complies with the requirements of this chapter. The plans shall show the existing grade on adjoining properties in sufficient detail to identify how grade changes will conform to the requirements of this chapter.

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

  6. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within fifteen feet of the property or which may be affected by the proposed grading operations.

  7. Locations, sizes and species of all existing trees on the site including trees proposed to be removed due to the project. A tree permit shall be submitted to the City Arborist prior to cutting any trees. The City Arborist may require the installation of replacement trees on site or payment of in-lieu fees if the site is unable to accommodate the required number and sizes of trees on project site.

  8. Recommendations included in the soils engineering reports shall be incorporated in the grading plans or specification. When approved by the City Engineer, specific recommendations contained in the soils engineering reports applicable to grading may be included by reference.

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

10. Erosion and sediment control measures, including all Best Management Practices (BMPs) installed on and along the perimeter of the building that conform to the construction site control requirements of the most current edition of the Municipal Regional Stormwater Permit (MRP). As required by MRP, projects exceeding certain size thresholds will require submission of a project-specific SWPPP.

• (Ord. 776-13 § 3, 2013)

• A. A geotechnical report prepared by a registered soils or geotechnical engineer shall be submitted with the application for a grading permit. The report shall contain at least the following:

  1. The nature and distribution of existing soils;

  2. Conclusions and recommendations for grading procedures;

  3. Soil design criteria for any structures or embankments required to accomplish the proposed grading; and

  4. Where necessary, slope stability studies, and recommendations and conclusions regarding site geology.

• B. Exception: A geotechnical report is not required where the City Engineer determines that the nature of the work applied for is such that a report is not necessary.

• (Ord. 776-13 § 3, 2013)

• A. For sites with mapped maximum considered earthquake spectral response accelerations at short periods (Ss) greater than 0.5g as determined in the Uniform Building Code, a study of the liquefaction potential of the site shall be submitted with the application for a grading permit, and the recommendations incorporated in the plans. In general, the need for a liquefaction study will be determined in the geotechnical report.

• B. Exception: A liquefaction study is not required where the City Engineer determines from established local data that the liquefaction potential is low.

• (Ord. 776-13 § 3, 2013)

• A. The City Engineer shall issue a grading permit upon a determination that all applicable provisions of this chapter have been satisfied.

• B. The recommendations from the geotechnical, liquefaction or other reports shall be included in the grading permit unless otherwise determined by the City Engineer.

• (Ord. 776-13 § 3, 2013)

• A. General. Fees shall be assessed as set forth in the schedule of fees adopted by the City Council and estimated to recover the cost incurred by the City in reviewing the grading and erosion control plans, ensuring that the requirements of the Municipal Regional Stormwater Permit (MRP), inspection and testing are met.

• B. Plan Review Fee. When plans or other documents are required to be submitted, a plan review fee, based on the schedule of fees, shall be paid at the time of submitting plans and documents for review. If the entire or a portion of the plan review fee is based on the amount of excavation and fill, the fee shall be based on the total volume of cut and fill (volume of cut plus volume of fill). The fees shall also apply to any "balanced" sites that do not export or import any dirt.

• C. Grading Permit Fee. A fee for each grading permit shall be paid the City as set forth in the schedule of fees. If the entire or a portion of the grading permit fee is based on the amount of excavation and fill, the fee shall be based on the total of volume of cut and fill (volume of cut plus volume of fill). The fees shall also apply to any "balanced" sites that do not export or import any dirt.

• (Ord. 776-13 § 3, 2013)

• A. The City Engineer may require bonds in such form as may be deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions.

• B. The amount of grading permit bonds shall be assessed as set forth in the schedule of fees. In lieu of a surety bond, the applicant may file a cash bond or an instrument of credit with the City Engineer in an amount equal to that required in the surety bond.

• C. The term of the surety bond coverage shall begin no later than the first day of grading operations and continue until all the conditions of the grading permit are satisfied, as determined by the City Engineer.

• (Ord. 776-13 § 3, 2013)

• A. General. Unless otherwise recommended in the approved soils engineering or engineering geology report, cuts shall conform to the provisions of this section. In the absence of an approved soils engineering report, these provisions may be waived for minor cuts not intended to support structures.

• B. Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use and shall be no steeper than 2 horizontal to 1 vertical (50% slope) unless the permittee furnishes a geotechnical report justifying a steeper slope.

• C. Exception.

  1. An excavated surface shall be permitted to be at a steeper slope of 1.5 horizontal to 1 vertical (67% slope) provided that all of the following conditions are met:

     • a. The surface is not intended to support structures or surcharges.

     • b. The surface is adequately protected against erosion.

     • c. The surface is no more than eight feet in height.

     • d. It is approved by the City Engineer.

  • e. Groundwater is not encountered.

  • 2. An excavated or cut surface in bedrock shall be permitted to be at a slope of 1 horizontal to 1 vertical (100% slope).

• (Ord. 776-13 § 3, 2013)

• A. General. Unless otherwise recommended in the approved soils engineering report, fills shall conform to the provisions of this chapter.

• B. Surface Preparation. The ground surface shall be prepared to receive fill by removing vegetation, topsoil and other unsuitable materials, and scarifying the ground to provide a bond with the fill material.

• C. Benching. Where existing grade is at a slope steeper than 5 units horizontal to 1 unit vertical (20% slope) and the depth of the fill exceeds five feet, benching shall be provided in accordance with Figure J107.3. A key shall be provided which is at least 10 feet in width and two feet in depth.

• D. Fill Material. Fill material shall not include organic, frozen or other deleterious materials. No rock or similar irreducible material greater than 12 inches in any dimension shall be included in fills.

• E. Compaction. All fill material shall be compacted to 90% of maximum density as determined by ASTM D 1557, Modified Proctor, in lifts not exceeding 12 inches in depth.

• F. Maximum Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than 2 horizontal to 1 vertical, unless justified by a geotechnical report.

• (Ord. 776-13 § 3, 2013)

Cut and fill slopes shall be set back from the property lines in accordance with this section. Setback dimensions shall be measured perpendicular to the property line and shall be as shown in Figure J108.1, unless substantiating data is submitted justifying reduced setbacks. (Ord. 776-13 § 3, 2013)

The setback at the top of a cut slope shall not be less than that shown in Figure J108.1, or less than what is required to accommodate any required interceptor drains, whichever is greater. (Ord. 776-13 § 3, 2013)

Where required to protect adjacent properties at the toe of a slope from adverse effects of the grading, additional protection, approved by the City Engineer, shall be included. Such protection may include but shall not be limited to:

• A. Setbacks greater than those required by Figure J108.1.

• B. Provisions for retaining walls or similar construction.

• C. Erosion protection of the fill slopes.

• D. Provision for the control of surface waters. (Ord. 776-13 § 3, 2013)

• A. Unless otherwise recommended by a civil or geotechnical engineer, drainage facilities and terracing shall be provided in accordance with the requirements of this section.

• B. Exception: Drainage facilities and terracing need not be provided where the ground slope is not steeper than 3 horizontal to 1 vertical (33%).

• (Ord. 776-13 § 3, 2013)

• A. Terraces at least six feet in width shall be established at not more than thirty-foot vertical intervals on all cut or fill slopes to control surface drainage and debris. Suitable access shall be provided to allow for cleaning and maintenance.

• B. Where more than two terraces are required, one terrace, located at approximately midheight, shall be at least twelve feet in width.

• C. Swales or ditches shall be provided on terraces. They shall have minimum gradient of 20 horizontal to 1 vertical (five percent) and shall be paved with concrete not less than three inches in thickness, or with other materials suitable to the application. They shall have a minimum depth of twelve inches and minimum width of five feet.

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

• (Ord. 776-13 § 3, 2013)

Interceptor drains shall be installed along the top of cut slopes receiving drainage from a tributary width greater than forty feet, measured horizontally. They shall have minimum depth of one foot and minimum width of three feet. The slope shall be approved by the City Engineer, but shall not be less than 50 horizontal to 1 vertical (two percent). The drains shall be paved with concrete not less than three inches in thickness, or by other materials suitable to the application. Discharge from the drains shall be accomplished in a manner to prevent erosion and shall be approved by the City Engineer.

(Ord. 776-13 § 3, 2013)

Drainage across property lines shall not exceed that which existed prior to grading. Excess or concentrated drainage shall be contained on site or directed to an approved drainage facility. Erosion of the ground in the area of discharge shall be prevented by installation of non-erosive down drains or other devices.

(Ord. 776-13 § 3, 2013)

• A. Erosion Control Plan. The applicant shall submit an erosion control plan showing the locations and details of devices and methods proposed to be implemented to minimize erosion and arrest any sediment on-site that is generated during construction. The erosion control plan shall consist of one or more sheets submitted as part of grading plan set.

• B. Slopes. The faces of cut and fill slopes shall be prepared and maintained to control against erosion. The protection for the slopes shall be installed as soon as practicable and prior to calling for final approval. Where cut slopes are not subject to erosion due to the erosionresistant character of the materials, such protection may be omitted, if approved by the City Engineer.

• C. Other Devices. Where necessary, check dams, cribbing, riprap, silt fences, straw wattles, jute blankets, hydro-seeding or other devices or methods shall be employed to control erosion and provide safety.

• D. Dust Control. The contractor shall take all possible measures to control dust from getting airborne during grading, construction, loading, off-loading and hauling operations. These measures may consist of doing such operations when it is not windy and applying water or dust palliatives to keep dust on the project site.

• (Ord. 776-13 § 3, 2013)

• A. General. Grading operations for which a permit is required shall be subject to inspection by the City Engineer. Professional inspection of grading operations shall be provided by the civil engineer or the soils engineer retained to provide such services.

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

• C. Geotechnical (Soils) Engineer. The geotechnical or soils engineer shall provide professional inspection within such engineer's area of technical specialty, which shall include observation during grading and testing for required compaction. The geotechnical engineer shall provide sufficient observation during the preparation of the natural ground and placement and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan, geotechnical report and the appropriate requirements of this chapter. The final soils report and any revised recommendations relating to conditions differing from the approved soils engineering reports shall be submitted by the geotechnical engineer to the permittee, the City Engineer and the civil engineer.

• D. Permittee Responsibility. The permittee shall be responsible for the work to be performed in accordance with the approved plans, geotechnical report and specifications and in conformance with the provisions of this section, and the permittee shall engage consultants, if required, to provide professional inspections on a timely basis. The permittee shall act as a coordinator between the consultants, the contractor and the City Engineer. In the event of changed conditions, the permittee shall be responsible for informing the City Engineer of such change and shall provide revised plans for approval.

• E. City Engineer. The City Engineer or designated staff shall inspect the project at the various stages of work requiring approval to determine if the various conditions and requirements are being adhered to and the project is being constructed in conformance with the approved plans and specifications.

• F. Notification of Noncompliance. If, in the course of fulfilling their respective duties under this chapter, the civil engineer, or the soils engineer finds that the work is not being done in conformance with this chapter or the approved grading plans or the soils report, the discrepancies shall be reported immediately in writing to the permittee and to the City Engineer.

• G. Transfer of Responsibility. If the civil engineer or the soils engineer of record is changed during grading, the work shall be stopped until a replacement is found who agrees in writing to accept responsibility within his or her area of technical competence for approval upon completion of work. It shall be the duty of the permittee to notify the City Engineer in writing of such change prior to the recommencement of such grading.

• (Ord. 776-13 § 3, 2013)

• A. Final Reports. Upon completion of the grading work and at the final completion of the work, the City Engineer may require the submission of the following reports, drawings or supplements.

  1. An as-built grading plan prepared by a civil engineer retained to provide such service showing original ground surface elevations, as-graded ground surface elevations, lot drainage patterns, and the locations and elevations of surface drainage facilities and of the outlets of subsurface drains. The civil engineer shall state that to the best of his or her knowledge the work within his or her area of responsibility was done in accordance with the final approved grading plan.

  2. A report prepared by the geotechnical engineer retained to provide such services including locations and elevations of field density tests, summaries of field and laboratory tests, other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the approved soils engineering investigation report. The soils engineer shall submit a statement that, to the best of his or her knowledge, the work within his or her area of responsibilities is in accordance with the approved soils engineering report and applicable provisions of this chapter.

• B. Notification of Completion. The permittee shall notify the City Engineer when the grading operation is ready for final inspection. Notice of completion shall not be issued until all work, including installation of all drainage facilities and their protective devices, and all erosion-control measures have been completed in accordance with the final approved grading plan, and the required reports have been submitted. (Ord. 776-13 § 3, 2013)

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Figure J107.3 Benching Details

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Figure J108.1 Drainage Dimensions

(Ord. 776-13 § 3, 2013)