Chapter 12.40 — EXCAVATIONS, GRADING AND FILLING

It is in the public interest, and it is necessary for the promotion and protection of the public safety, convenience, comfort, prosperity, general welfare and the city's natural resources, to establish minimum requirements for grading in order to:

A.

Preserve and enhance the natural beauty of the land, streams and shorelines;

B.

Reduce or eliminate the hazards of earthslides, mud flows, rock falls, undue settlement, erosion, siltation and flooding.

(Ord. 400 N.C.(2d) § 1 (part), 1977.)

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

A.

"Bench" means a relatively level step excavated into earth material on which fill is to be placed, or within a cut or fill slope.

B.

"Contour rounding" means the rounding of cut and fill slopes in the horizontal plane to blend with existing contours or to provide horizontal variation, to eliminate the artificial appearance of slopes.

C.

"Depth of cut or fill" means the vertical distance between existing natural ground and the finish elevation at any location.

D.

"Engineering geologist" means a professional engineering geologist registered in and by the state to practice in the field of engineering geology.

E.

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

F.

"Excavation" means the mechanical removal of earth material.

G.

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

H.

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

I.

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

J.

"Slope control specialist" is a professional landscape architect or other professional person experienced in erosion control work, retained by the developer in a professional or consultative capacity and responsible for analysis, plans, specifications, supervision, and certifications regarding slope control planting and related slope control work, other than grading, for a specific project.

K.

"Soils engineer" means a civil engineer experienced and knowledgeable in the practice of soil engineering.

L.

"Variable slope" means the variation in steepness of a cut or fill slope in either a combination of the horizontal or vertical plane of the slope.

(Ord. 400 N.C.(2d) § 1 (part), 1977.)

No person shall do any grading without first having obtained a grading permit from the city, except for the following:

A.

An excavation below finished grade for basements and footings of a building, retaining wall, swimming pool, or other structures authorized by a valid building permit. This subsection shall not exempt from permit requirements any excavation having an unsupported height greater than five feet after the completion of such structure;

B.

Cemetery graves;

C.

Refuse disposal sites controlled by other regulations;

D.

Excavations for wells, tunnels or utilities;

E.

Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property;

F.

An excavation which is less than three feet in depth and slopes no steeper than two horizontal to one vertical;

G.

Exploratory excavations under the direction of soils engineers or engineering geologists;

H.

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

I.

Work conducted in any city street, public right-of-way, or easement when the work is for a public facility, public utility, or other public purpose;

J.

Municipal corporations performing a governmental or proprietary function;

K.

Emergency work as authorized by the city, necessary to protect life, limb or property, or to maintain the safety, use or stability of a public way or drainage way.

The exceptions contained in this section shall not apply to grading within or immediately adjacent to natural drainage channels

(Ord. 620 N.C.(2d) § 1, 1981; Ord. 400 N.C.(2d) § 1 (part), 1977.)

A.

Before accepting a set of plans and specifications for checking, the city engineer/director of public works shall collect a plan-checking fee. The council shall, by resolution, establish a schedule of plan-checking fees, based upon the volume of the excavation and fill, whichever is greater. The council may, from time to time, amend such schedule of fees by resolution.

B.

Before issuing a grading permit, the city engineer/director of public works shall collect a grading permit fee. The council shall, by resolution, establish a schedule of grading permit fees, bid upon the volume of the excavation and fill, whichever is greater. The council may, from time to time, amend such schedule of fees by resolution.

C.

Grading permit fees shall be waived when the applicant is either a governmental entity or is a utility company regulated by the California Public Utilities Commission.

D.

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

E.

If any work requiring a permit is begun without a permit, the permit fees shall be doubled to compensate for the extra work involved in inspecting completed, or partially completed, work.

(Ord. 400 N.C.(2d) § 1 (part), 1977.)

12.40.050 - Application—Contents.

A.

Applications for excavating, grading and filling permits shall be accompanied by two sets of plans and specifications. Unless waived by the city engineer/director of public works, the plans shall be prepared by an engineer licensed by the state and shall show the following:

1.

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

2.

Property lines of the property on which the work is to be performed;

3.

Location of any buildings or structures within fifty feet of the proposed work;

4.

Accurate contours showing the topography of the existing ground;

5.

Elevations, dimensions, location, extent and the slopes of all proposed grading shown by contours and/or other means;

6.

Details of all drainage devices, walls or other protective devices to be constructed in connection with, or as a part of, the proposed work;

7.

A certificate stating the amount and location of any material to be deposited in areas other than that shown on the plans;

8.

Nature and location of mature trees;

9.

Schedule of work.

B.

The application shall also contain the following:

1.

Erosion control methods and details, including schedule for installation. Erosion control plans for largescale projects (fifty acres or two hundred lots, whichever is less) shall be prepared by a hydrologist

specializing in erosion control.

2.

A map showing the drainage area and estimated runoff of the work and adjacent areas;

3.

A soils investigation report, including data regarding the nature, distribution and strength of existing soils, conclusions, and recommendations for grading procedures and design criteria;

4.

A geological report, including an adequate description of the geology of the site and conclusions and recommendations regarding the effect of geologic conditions on the proposed work.

(Ord. 620 N.C.(2d) § 2, 1981; Ord. 400 N.C.(2d) § 1 (part), 1977.)

A.

No permit shall be granted until all of the required data has been submitted for the application, the city engineer/director of public works has approved the plans, and all required fees have been paid.

B.

No permit shall be granted prior to the approval of all the legislative requirements, such as, but not limited to, use permits, tentative map and/or building or site plan review, where required. The environmental impact report shall be concluded in the writing of a permit, and conditions may be imposed by the city to minimize or mitigate the negative environmental impacts of the proposed work.

C.

In the case of subdivisions, the approval to proceed by the city engineer/director of public works, after having grading plans signed by the planning director and receiving all required grading bonds, grading permit fees, agreements and deeds (if applicable), and after approval of the tentative map by the planning commission shall constitute the issuance of a grading permit.

(Ord. 400 N.C.(2d) § 1 (part), 1977.)

12.40.070 - Excavating, grading and filling—Regulations.

The following regulations shall apply to all excavating, grading and filling:

A.

One copy of approved plans and specifications shall be kept on the site at all times during the progress of grading work.

B.

All grading and noise therefrom, including, but not limited to, warming of equipment motors, in residential zones or within one thousand feet of any residential occupancy, hotel, motel or hospital shall be limited to between the hours of seven a.m. and six p.m.

C.

All graded surfaces and materials, whether filled, excavated, transported or stockpiled, shall be wetted, protected or contained in such a manner as to prevent any nuisance from dust or spillage upon adjoining property or streets. A dust palliative shall be applied to the site in an amount directed by the city engineer/director of public works. Equipment and materials on the site should be used in such a manner as to avoid excessive dust. This may include limiting grading during windy periods.

D.

No grading shall be conducted so as to alter the furnished gradient of natural damage channels which would cause erosion or flooding.

E.

Whenever any portion of the work requires entry onto adjacent property for any reason, the permit applicant shall obtain a right of entry from the adjacent property owner or his authorized representative in a form acceptable to the city. A copy of such fully executed right of entry shall be filed with the city prior to the issuance of the grading permit and/or approval of the grading plans.

F.

Sediment basins shall be constructed on large developments, as determined by the city engineer/director of public works, to detain runoff into biologically sensitive areas or onto adjacent property and to trap sediment during construction up until slope erosion planting has been established. The sediment basin dam and collected silt shall then be removed and the resulting material hauled from the site or used as topsoil. Additional erosion control measures shall be employed during the rainy season (October 15 through April 15) as required by the city engineer/director of public works. Temporary erosion-control devices, as required, shall be in place prior to the rainy season: Permanent siltation basins may be required in biologically sensitive areas.

G.

Where suitable topsoil exists on areas to be disturbed by grading or building operations, the topsoil shall be stripped in the amount needed to complete finish grading operations, and shall be piled in convenient locations for storage during construction.

H.

On lots abutting permanent project open space, grading shall be designed so that lot lines are at the top of slope and with adequate property line setback from the slope to provide for required vertical slope rounding. The tops and toes of cut and fill slopes shall be set back from property lines and structures as far as necessary to provide for safety of adjacent property, safety of pedestrians, and vehicular traffic, required slope rounding, adequate foundation support, required swales, berms and drainage facilities and applicable

zoning requirements. Except for pier-type foundations or other special foundation design, setbacks shall be not less than as follows:

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I.

The permit applicant and grading contractor shall be responsible for the protection of adjacent properties during grading operations. Prior to commencing any grading of the site, the exterior boundaries shall be marked as required by the city engineer/director of public works. Boundary markers shall be maintained throughout the grading operation. Temporary barriers and/or protective fencing shall be used when necessary to protect adjacent properties.

J.

Where slopes are steeper than five horizontal to one vertical, the surface to receive fill shall be benched into stable bedrock, or other competent material as determined by the soils engineer.

K.

All fills shall be compacted in conformance with the recommendation of the soils engineer.

L.

Where feasible, cut and fill slopes shall be contour-rounded as approved by the city.

M.

Where feasible, variable slopes shall be used to mitigate environmental and visual impacts of grading.

N.

Terraces at least six feet in width shall be established at not more than thirty-foot vertical intervals, subject to maximum height limitations, to control surface drainage and debris on cut or fill slopes. Suitable access shall be provided to permit proper cleaning and maintenance. Swales and ditches or terraces exceeding two hundred feet in length shall have a minimum gradient of one percent and must be paved with wire mesh reinforced concrete not less than three inches in thickness. They shall have a minimum depth of one foot at the center and a minimum paved width of thirty-two inches. A single run of swale or ditch shall not collect runoff from a tributary area exceeding fifteen thousand square feet (projected) without discharging into a down drain. These requirements regarding ditches and swales may be modified if recommended by a licensed civil engineer.

O.

All drainage facilities shall be designed to carry waters to the nearest practice drainage way approved by the city and/or other appropriate jurisdiction as a safe place to deposit such waters. If drainage facilities discharge on natural ground, riprap and/or energy dissipators shall be constructed. All building sites shall be graded and sloped away from the building foundation with a minimum slope of two percent for a distance of ten feet on all sides of every building except where yard requirements are less than twenty feet, in which case the soil shall be graded away from the foundation to a minimum of two-tenths of a foot in elevation at a distance not less than one-half the required yard width. Lot drainage shall be directed toward approved drainage facilities at a minimum gradient of one and one-half percent.

P.

Properly designed trash racks shall be installed on the upstream end of storm drain pipes where the pipe accepts drainage from a waterway which is not to be undergrounded. These racks are to be constructed so as to preclude large debris and small children from being pulled into the pipe from heavy storm flows. The city may require the installation of trash racks at other locations as deemed necessary for proper maintenance and safety.

Q.

1.

All exposed finished banks or slopes over five feet in vertical height of any fill or excavation shall be protected from erosion by approved planting, hydroseeding, cribbing, walls, or terracing or a combination thereof. An irrigation system may not be required by the city engineer/director of public works. Other unprotected graded surfaces exceeding five thousand square feet in area shall be planted, paved or built upon, or shall be provided with berms and approved drainage facilities adequate to prevent erosion and to conduct the accumulation of runoff of surface waters to an approved place of discharge. It is the intent of this section to prohibit the abandonment of graded areas or slopes which are not provided with erosion protection and adequate drainage facilities, even though all other requirements in this section have been provided and approved.

2.

The faces of cut and fill slopes shall be prepared and maintained to control against erosion and to return the slope to its natural appearance as near as possible. The city may require the applicant to engage the services of a slope control specialist. The protection for the slopes shall be installed as soon as practicable and prior to calling for final approval. The planting shall be so timed that groundcovers will not be washed out by rains nor burned due to lack of water. Where necessary, check dams, cribbing, riprap, and other devices or methods shall be employed to control erosion and to provide safety.

3.

Slope maintenance districts shall be used where practical to insure maintenance of slopes. Where planted slopes are not within such a maintenance district, there shall be a provision in the covenants, conditions and restrictions for initial maintenance to insure that maintenance is undertaken until a specified percentage of plant coverage has been achieved.

R.

No fill material shall be placed, spread or rolled during unfavorable weather conditions. When the work is interrupted by heavy rains, fill operations shall not be resumed until field tests by the soils engineer indicate that the moisture content and density of the fill are satisfactory for resumption of the filling operation.

S.

Modification of the specific grading regulations contained in this chapter may be approved or required by the city upon a finding that such modification:

1.

Is necessary to preserve existing natural features, such as trees, streams, rolling hill forms, knolls, ridges, significant vegetation or rock outcroppings; or

2.

Will reduce the adverse visual impacts of cut and fill operations.

For subdivisions of five or more units, this finding must be made by the planning commission at the time of the approval of the tentative map, site plan, etc. For all other grading where a grading permit is required, the finding must be made by the city engineer/director of public works in consultation with the permittee and the planning director.

(Ord. 620 N.C.(2d) § 3, 1981; Ord. 400 N.C.(2d) § 1 (part), 1977.)

Sufficient time shall be spent by the soils engineer on the site to certify to the proper compaction of all fills and to the adherence with all other requirements of the ordinance for which he certifies.

(Ord. 400 N.C.(2d) § 1 (part), 1977.)

A permit shall not be issued for more than one thousand cubic yards of material unless the permittee shall first post with the city engineer/director of public works a bond executed by the applicant and a corporate surety authorized to do business in the state as a surety in an amount sufficient to cover the cost of the project, including corrective work necessary to remove and eliminate all hazards, or to return the land to its natural condition as much as is possible should the project be abandoned. In lieu of a surety bond, the applicant may file a cash bond, time certificate, or instrument of credit with the city engineer/director of public works in an amount equal to that which would be required in the surety bond. Every bond or other surety shall include the conditions that the permittee shall:

A.

Comply with all of the provisions of the applicable laws and ordinances;

B.

Comply with all terms and conditions of the permit for excavation or fill to the satisfaction of the city engineer/director of public works;

C.

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

(Ord. 400 N.C. § 1 (part), 1977.)

The term of each bond shall begin upon the date of issuance of the grading permit and shall remain in effect until an improvement bond is filed for completion of improvements, or until released by the city engineer/director of public works.

(Ord. 400 N.C.(2d) § 1 (part), 1977.)

In the event of failure to complete the work and failure to comply with all of the conditions and terms of the permit, the city engineer/director of public works may order the work required by the permit to be completed to his satisfaction. The surety executing such bond or deposit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the governing agency in causing any and all such required work to be done. If the work is not completed within the time period specified in Section 12.40.120 the permittee shall be deemed to have abandoned the project, and the city engineer/director of public works may, in his discretion, order the land to be returned, as much as possible to its natural condition, and the surety shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the governing agency in causing such restoration work to be done. In the case of cash deposit said deposit, or any unused portion thereof, shall be refunded to the permittee in whatever amount is not necessary to complete the work described.

(Ord. 400 N.C.(2d) § 1 (part), 1977.)

If the work authorized by any permit under this chapter is not commenced within nine months of the date of issuance, or as otherwise indicated on the face of the permit, or if the work is not completed within two years of the date of issuance, or sooner if indicated on the face of the permit, the permit shall expire and become null and void.

(Ord. 400 N.C.(2d) § 1 (part), 1977.)

Prior to acceptance of the work by the city engineer/director of public works, the following shall be completed:

A.

The city engineer/director of public works shall review the soils engineer's report, and upon evidence that all requirements of this chapter have been satisfactorily complied with, the city engineer/director of public works shall so notify the city building division and issue a letter to the permittee and shall so notify the surety.

B.

The project engineer shall provide a letter to the city stating that the rough grading has been accomplished in substantial conformance with the approved grading plan, or any deviation therefrom.

C.

The project engineer shall submit an as-graded grading plan including original surface elevations, asgraded ground surface elevations, lot drainage patterns, and locations and elevations of all surface and subsurface drainage facilities.

(Ord. 400 N.C.(2d) § 1 (part), 1977.)

Any person under this chapter who may be dissatisfied with the action of the city engineer/director of public works on the application may, within five days after such action is taken, file an appeal with the city council by giving written notice of such appeal to the city clerk. The council shall then set a time and date for hearing on such appeal, and shall so notify the appellant and the applicant. The city council, after considering the action of the city engineer/director of public works, and hearing the appeal, shall approve, modify, or overrule said action. The decision of the council shall be final.

(Ord. 400 N.C.(2d) § 1 (part), 1977.)

12.40.150 - Violations—Creation of a dangerous or hazardous condition—Criminal penalties.

A.

The city engineer/director of public works may issue a stop-work order until violation of any provision of this chapter is corrected. If, in the opinion of the city engineer/director of public works, a grading operation creates a dangerous or hazardous condition, the engineer/director shall require the applicant to immediately abate such condition. If the applicant fails to abate the condition, the applicant's grading bond shall be called by the city and the cost of corrective work charged to the bond.

B.

In addition to the above and to the criminal provisions provided for in this code, violation of any provision of this chapter is declared to be a public nuisance and may be abated by the city.

(Ord. 620 N.C.(2d) § 4, 1981: Ord. 400 N.C.(2d) § 1 (part), 1977.)

Chapter 12.41 - STORMWATER MANAGEMENT AND DISCHARGE CONTROL

12.41.010 - Intent and purpose.

A.

The intent of this chapter is to protect and enhance the water quality in the city of Vallejo's watercourses, water bodies, and wetlands, pursuant to, and consistent with the Porter-Cologne Water Quality Control Act (Water Code section 13000 et seq.) and the Federal Clean Water Act (33 U.S.C. section 1251 et seq.).

B.

This chapter also carries out the conditions in the city's National Pollutant Discharge Elimination System (NPDES) permit that require implementation of appropriate source control and site design measures and stormwater treatment measures for development projects.

C.

It is the purpose of the city council in enacting this chapter to protect the health, safety and general welfare of Vallejo's citizens by:

1.

Minimizing non-stormwater discharges, whose pollutants would otherwise degrade the water quality of local streams, to the stormwater system.

2.

Minimizing increases in nonpoint source pollution caused by stormwater runoff from development that would otherwise degrade local water quality.

3.

Controlling the discharge to the stormwater system from spills, dumping or disposal of materials other than stormwater.

4.

Reducing stormwater run-off rates and volumes and nonpoint source pollution whenever possible, through stormwater management controls and ensuring that these management controls are properly maintained and pose no threat to public safety.

(Ord. No. 1704 N.C.(2d), 3-10-2015)