Yorba Linda Municipal Code Art. 1 General Provisions and Standards

A. The purpose of this chapter is to safeguard life, limb, property and public welfare by establishing minimum requirements for regulating grading, including development in and around watercourses and procedures by which these requirements may be enforced; to provide the necessary guidelines for which the engineer and developer in order to encourage the use of contour and/or variable slope grading in an effort to maintain, in general, the existing mass shape and character of the hillside areas; and to promote esthetic considerations in the hillside grading design and construction.

B. In order to obtain these objectives, the engineer and developer will be required to make every practical attempt to:

1. Preserve natural topographic features and appearances by means of contour grading so as to blend any manmade or manufactured slope into the natural topography;

2. Avoid abrupt changes in grade;

3. Utilize building designs, such as split-level houses, to minimize slope height in steep terrain;

4. Utilize street designs and improvements which serve to minimize grading alterations and harmonize with the natural contours and character of the land;

5. Round the tops and bottoms of cut and fill slopes;

6. Use variable slopes, particularly in front yard areas.

(Prior code § 16A-2)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Advisory agency"

means the duly authorized commission established by Section 17.04.040.

"Approval"

means a written geological opinion concerning the progress and completion of the work.

"Bedrock"

means the solid, undisturbed rock in place either at the ground surface or beneath superficial deposits of gravel, sand or soil.

"Bench"

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

"Borrow"

means sail, rock or other material acquired from an off-site location for use in the planned grading.

"Certify" or "certification"

means that the specific inspections and tests where required have been performed and that such tests comply with the applicable requirements of this chapter.

"City Official"

means the City Manager or his or her authorized representative.

"City engineering"

means the application of the knowledge of the forces of nature, the principles of mechanics and the properties of materials to the evaluation, design, and construction of civil works for the beneficial uses of mankind.

"Civil engineer"

means a professional engineer in the branch of civil engineering holding a valid certificate of registration issued by the state. In addition, the engineer shall be covered by errors and omissions insurance.

"Clearing, brushing and grubbing"

means the removal of vegetation (grass, brush, trees, and similar plant types) by mechanical means.

"Compaction"

means densification of a "soil" by mechanical manipulation or other approved means.

"Contour grading"

means the incorporation of flatter and/or variable slopes to provide for grade changes in grading construction for hillside areas, greater than that required by soils, geological considerations or both, and the limiting of elevation differentials in order to minimize massive changes to the existing topography.

"Engineering geologist"

means a geologist duly qualified by the State Engineering Geologist Qualifications Board to make investigations and prepare engineering geology reports required by this Code. Where "geologist" is used in this chapter it shall mean "engineering geologist." In addition, the geologist should be covered by errors and omissions insurance, the amount of which shall be to the satisfaction of the City Engineer.

"Erosion"

means the process by which the ground surface is worn away by the action of water, wind or natural forces.

"Excavation"

means the condition resulting from the mechanical removal of mechanical displacement of soil, rock, or waste material.

"Existing grade"

means the grade prior to grading.

"Finish grade"

means the final grade of the site which conforms to the approved plan.

"Grade"

means the vertical location of the ground surface.

"Grading"

means any excavating or filling or combination thereof.

"Grading contractor"

means a contractor, licensed and regulated by the state, who specializes in grading work or is otherwise licensed to do grading work.

"Key"

means a designed compacted fill placed in a trench excavated in earth material beneath the proposed fill slope.

"Landslide"

means the downward and outward movement of soil, rock or fill or a combination thereof.

"Massive landslide"

means a landslide too large to be stabilized by retaining methods or normal control methods.

"Permit"

means any permit issued by the City Engineer pursuant to this Code, together with the application for the same, the conditions upon which it was issued, together with any plans, specifications, reports and approved modifications pertaining thereto.

"Permittee"

means the owner or his or her authorized agent to whom a grading permit is issued.

"Rough grade"

means the stage at which the grade approximately conforms to an approved plan.

"Seismic-geologic element"

means pursuant to Section 65302(g) of the Government Code, the City has an adopted "seismic-geologic element" as a part of its general plan.

"Site"

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

"Slope"

means the exposed surface of a fill, excavation or natural terrain that forms a natural or artificial incline expressed as a ratio of horizontal distance to vertical distance.

"Soil"

means all earth material of whatever origin that overlies bedrock.

"Soils engineer"

means the civil engineer experienced in soil mechanics who specializes in the practice of soils and foundation engineering.

"Stormwater permits"

means any permits issued by a local, state or Federal regulatory agency regulating flow over and from any project subject to this chapter, including, but not limited to the NPDES permit and state general permits as those terms are defined in Yorba Linda Municipal Code Section 16.04.020.

"Terrace"

means a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.

"Water quality requirements"

means the water quality requirements relevant to the activities that are regulated in this chapter as found in Yorba Linda Municipal Code Chapter 16.04, the DAMP, the water quality manual, the NPDES permit and the state general permits as those terms are defined in Yorba Linda Municipal Code Section 16.04.020.

(Prior code § 16A-1; Ord. 90-652 § 1, 1990; Ord. 2003-867, § 1, 2003)

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

(Prior code § 16A-3)

A. Whenever the City Official determines that any existing excavation of fill on private property is a menace to life or limb, endangers property or affects the safety, usability or stability of a public way or violates the water quality requirements, he or she shall give the owner of the property upon which excavation or fill is located, or person or agent in control of such property, or the permittee under any permit issues pursuant to this Code, notice of such determination.

B. The notice shall set forth the time and place of a hearing that shall be had before the City Official at which time and place evidence would be submitted as to whether such determination is correct and what repairs, improvements or other corrective actions are necessary in the case.

C. The notice shall further state that the owner of such property or other person or agent in control of such property, or his or her representative, may be present at the hearing and introduce such evidence on the issues as he or she desires.

D. The notice shall further state that the City Official shall determine what condition exists and what corrective action, if any, including the submission of any plans, soils or geological reports and recommendations or other engineering data, is necessary and shall order such action as is found necessary.

E. This determination and order shall become final within forty-eight hours, excluding holidays, Saturdays and Sundays, unless within that time the owner appeals the final determination of the City Official to the City Council by filing a written appeal with the City Official.

F. In the event that an appeal is filed, the City Council shall hold a hearing and thereupon make such determination and order of the City Official as the City Council may deem proper.

G. The notice may further state that the recipient shall, within such reasonable time as the notice may specify following the finality of the determination and order of the City Official (or if appealed, of the City Council), commence the corrective action necessary, and such action shall be completed within such time as stipulated by the notice. If necessary, the notice shall require any building or structure or portion thereof endangered by such excavation or fill to be vacated forthwith in the interest of immediate public safety pending the finality of any determination and order.

(Prior code § 16A-4; Ord. 2003-867, § 1, 2003)

Before accepting a set of plans and specifications for checking, the plan-checking fee shall be paid. The plan-checking fee shall be based on charges to be determined by resolution of the City Council revised periodically to defray the cost of plan checking.

(Prior code § 16A-5)

A. Maximum Height. In accordance with the requirements of contour grading as established in Section 15.40.010, the maximum cut slope shall be limited to a vertical height of ten feet.

B. Maximum Slope. Cuts shall not be steeper in slope than two horizontal to one vertical unless the owner furnishes a soils engineering or engineering geology report certifying that the site has been investigated and indicated that the proposed deviation will not endanger any private property, result in the deposition of debris on any public way, or interfere with any existing drainage course and said deviation is approved by the advisory agency and/or the City Engineer.

1. The City Official may require the excavation to be made with a cut face flatter than two horizontal to one vertical if he or she finds it necessary for stability and safety;

2. Exception. The City Official may allow the face of an existing slope to remain steeper than two to one when, in his or her opinion, the slope will remain stable for its intended use.

C. Drainage Terraces. Where a deviation from the maximum cut height has been shown on the tentative subdivision map and approved by the advisory agency, cut slopes exceeding forty feet in vertical height shall be terraced at their approximate midheight. Drainage terraces are to be a minimum of six feet wide, paved as specified by subsection C of Section 15.40.090, and must carry water to a safe disposal area. Terraces shall be cut every thirty feet vertically, except that, where only one terrace is required, it shall be at midheight.

(Prior code § 16A-6)

A. Maximum Height. In accordance with the requirements of contour grading as established in Section 15.40.010, the maximum fill slope shall be limited to a vertical height of ten feet.

B. Maximum Slope. No compacted fill shall be made which creates an exposed surface steeper in slope than two horizontal to one vertical. The City Official may require that the fill be constructed with an exposed surface flatter than two horizontal to one vertical if he or she finds this necessary for stability and safety.

C. Compaction. All fills shall be compacted to a minimum of ninety percent of maximum density as determined by U.B.C. Standard No. 70-1. Field density shall be determined by U.B.C. Standard No. 70-2 or equivalent as approved by the City Official.

D. Fill Location. Fill slopes shall not be constructed on natural slopes steeper than two to one or where the fill slope toes out within twelve feet horizontally of the top of existing or planned City slopes.

E. Preparation of Ground. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil, and other unsuitable materials, scarifying to provide a bond with the new fill, and, where slopes are steeper than five to one and the height is greater than five feet, by benching into sound bedrock or other competent materials as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than five to one shall be at least ten feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided.

1. Where fill is to be placed over a cut, the bench under the toe of fill shall be at least ten feet wide but the cut must be made before placing fill and approved by the soils engineer and engineering geologist as a suitable foundation for fill. Unsuitable soil is soil which, in the opinion of the City Official, the civil engineer, the soils engineer or the geologist, is not competent to support other soil or fill, to support structures or to satisfactorily perform the other functions for which the soils is intended.

F. Fill Material. Detrimental amounts of organic material shall not be permitted on fills. Except as permitted by the City Official, no rock or similar irreducible material with a maximum dimension greater than eight inches shall be buried or placed in fills.

1. Exceptions. The City Official may permit placement of larger rock when the soils engineer properly devises a method of placement, continuously inspects its placement, and approves the fill stability. The following conditions shall also apply:

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

b. Rock sizes greater than eight inches in maximum dimension shall be ten feet or more below finished grade, measured vertically;

c. Rocks greater than eight inches shall be placed so as to be completely surrounded by fine grained soils; no nesting of rocks will be permitted.

G. Drainage Terraces. Where a deviation from a maximum fill height has been shown on the tentative subdivision map and approved by the advisory agency, all fill slopes in excess of thirty feet vertical height shall have drainage terraces paved as specified by subsection D of Section 15.40.090 at vertical intervals not exceeding thirty feet; except where only one terrace is required it shall be at midheight. Such terraces shall drain into a paved gutter or other watercourse adequate to convey the water to a safe disposal area. The terrace shall be at least six feet wide.

H. Slopes to Receive Fill. Fills toeing out on natural slopes which are steeper than two horizontal to one vertical will not be permitted unless stability is substantiated by soils engineering and geological data and approved by the City Official.

I. Utility Line Backfills. All backfill in utility line trenches, both inside and outside the buildings, is required to be compacted to the satisfaction of the site soils engineer who shall verify to the City Official that the backfilling has been accomplished in accordance with the soils engineer's recommendations.

1. Exception. On single lot projects the City Official may waive treated compaction and allow the use of selected material which is relatively self-compacting. This material and the method of placement must be approved prior to backfilling.

(Prior code § 16A-7)

A. Cuts and fills shall be set back from property lines and buildings shall be set back from cut or fill slopes in accordance with Figure 15.40.080. Retaining walls may be used to reduce the required setback when approved by the City Official.

B. Fill placed on or above the top of an existing or proposed cut or natural slope steeper than three horizontal to one vertical shall be set back from the edge of the slope a minimum distance of five feet unless stability is substantiated by soils engineering, geological data or both.

C. No building shall be constructed on cut or fill slopes steeper than two horizontal to one vertical unless the foundation design is based on soils engineering data.

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

(Prior code § 16A-8)

A. Disposal. All drainage facilities shall be designed to carry surface waters to the nearest practical street, storm drain or natural watercourse approved by the City Official or other appropriate governmental agency as a safe place to deposit such waters. At least two percent grade toward the approved disposal area will be required for building pads, except as waived by the City Official for nonhilly terrain.

B. Erosion Control—Slopes. The faces of cut and fill slopes shall be prepared and maintained to control against erosion. This control may consist of effective planting. 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 erosion-resistant character of the materials, such protection may be omitted by special approval of the City Official.

C. Other Devices. Where necessary, desilting basin, check dams, cribbing, riprap or other devices or methods as approved by the City Official shall be employed to control erosion and provide safety during the rainy season, from October 15th to April 15th.

D. Terrace Drains. All swales or ditches on drainage terraces shall have a minimum grade of six percent and must be paved. Drainage devices shall be paved with reinforced concrete with a minimum thickness of three inches or approved equal. They shall have a minimum depth at the deepest point of one and one-half feet and a minimum paved width of five feet, measured horizontally across the drain. Minimum reinforcement shall consist of 6 × 6/10 × 10 W.W. Mesh.

1. A single run of terrace drain shall not collect runoff from a tributary area exceeding thirteen thousand five hundred feet of projected horizontal area without discharging into a downdrain. The soils engineer may recommend variations in the specified tributary area due to unusual soil conditions.

2. If the drain discharges onto the natural ground, a velocity reducer, riprap or other energy dissipating device may be required.

(Prior code § 16A-9)

A. Completion of Slope Protection Devices. On completion of finish grading the construction of berms, interceptor ditches, drainage terraces, crib walls, retaining walls, downdrains or other slope protection devices shown on the approved grading plan shall be started immediately after the engineering geologist has inspected all cut slopes and certified them to be stable.

B. Slope Planting and Irrigation. On all slopes in excess of seven feet in height (measured vertically), the following is required:

1. Plant material should be installed so as to protect slopes from soil erosion and slippage, and to minimize the visual effects of grading, erosion, and construction on hillside areas;

2. Installation of permanent, full-coverage irrigation systems adequate to sustain existing and developed slope plantings and to protect against potential hazards due to fire;

3. The improvement plans for the plant material and irrigation system shall be submitted to the advisory agency for approval prior to start of construction on all new subdivision except when waived by advisory agency. These plans shall be prepared under the supervision of a landscape architect licensed by the state;

4. The landscape architect, upon completion of the work, shall be responsible for certifying to the City Official that all work was done in accordance with the approved plans. Said certification shall be made prior to issuance of any certificate of use or occupancy for the subdivision.

(Prior code § 16A-10)

All grading in excess of five thousand cubic yards shall be performed in accordance with plans prepared by a civil engineer and shall be designated "engineered grading." Grading not designed in accordance with this section shall be designated "regular grading." For grading involving fewer than five thousand cubic yards, the permittee, with the approval of the City Official, may have the grading performed as regular grading.

(Prior code § 16A-11(a))

A. The City Official shall inspect the work and require adequate inspection and compaction control by a soils engineer.

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

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

(Prior code § 16A-11(b))

A. For engineered grading, it shall be the responsibility of the civil engineer who prepares the grading plans to incorporate all recommendations of the soils engineer and geologist into the plans. He shall also be responsible for the professional supervision and approval of the grading within his or her area of technical competence and for the submission of as-built grading plans.

B. This responsibility shall include, but need not be limited to inspection and approval as to the establishment of line, grade and drainage of the development area. The civil engineer shall act as the coordinating agent in the event the need arises for liaison between the other professionals, the contractor and the City Official.

C. Soils and geology reports shall also be required as specified in Sections 15.40.220 through 15.40.280. All necessary reports, compaction data, soils engineering and engineering geological recommendations shall be submitted to the City Official by the soils engineer and geologist.

D. The soils engineer's area of responsibility shall include, but need not be limited to, professional inspection and approval concerning the preparation of ground to receive fills, testing for required compaction, stability of all finish slopes and the design of buttress fills, where required, incorporating data supplied by the engineering geologist.

E. The engineering geologist's area of responsibility shall include, but need not be limited to, professional inspection and written approval of the adequacy of natural ground for receiving fills and the stability of cut slopes with respect to geological matters, and the need for subdrains or other groundwater drainage devices. He shall report his or her findings to the soils engineer and the civil engineer for engineering analysis.

F. The City Official shall inspect the project at the various stages of the work requiring approval and at frequent intervals as necessary to determine that adequate control is being exercised by the professional consultants.

(Prior code § 16A-11(c))

If, in the course of fulfilling his or her responsibility under this chapter, the design civil engineer, soils engineer or engineering geologist who is responsible for the professional supervision of the grading within his or her area of technical competence finds that the work is not being done in conformance with this chapter or the plans approved by the City Official, or in accordance with accepted practices, he or she shall immediately notify the person in charge of the grading work and the City Official in writing of the nonconformity and of the corrective measures to be taken.

(Prior code § 16A-11(d))

In the event the design civil engineer, soils engineer or engineering geologist who is responsible for the professional supervision of that portion of the grading which is within his or her area of technical competence is relieved of, or otherwise terminates, his or her duties prior to the completion of the work shown on the grading plans, he or she shall report the fact in writing to the City Official within forty-eight hours at the time of his or her termination. Persons assuming the duties of any of these consultants shall perform any investigations they deem necessary to approve that the entire work is in conformance with this chapter and the permit.

(Prior code § 16A-11(e))

A. Site Inspection by the City Official. Prior to the approval of any building or grading plans and specifications, the City Official may inspect the site to determine that the plans and specifications are accurate.

B. Inspections of Excavation and Fills. The permittee or his or her agent shall notify the City Official when the grading operation is ready for each of the following inspections:

1. Pregrading Inspection. When the permittee is ready to begin work, but not less than two days before any grading or brushing is started;

2. Toe Inspection. After the natural ground or bedrock is exposed and prepared to receive fill, but before fill is placed;

3. Excavation Inspection. After the excavation is started, but before the vertical height of the fill exceeds five feet;

4. Fill Inspection. After the fill placement is started, but before the vertical height of the fill exceeds five feet;

5. Drainage Device Inspection. After forming of terrace drains, downdrains, or after placement of pipe in subdrains, but before any concrete filter material is placed;

6. Rough Grading Inspection. When all rough grading has been completed, this inspection may be called for at the completion of rough grading without the necessity of the City Official having previously reviewed and approved the reports;

7. Final Inspection. When all work, including installation of all drainage structures and other protective devices, has been completed and the as-graded plan, professional written approval, and the required reports have been submitted.

(Prior code § 16A-11(f))

A. If the inspector finds the soil or other conditions not as stated in the application for a grading permit, he or she may refuse to approve further work until approval is obtained for a revised grading plan which will conform to the existing conditions.

B. The City Official shall conduct such other inspections as he or she deems necessary. Whenever the City Official determines that the work does not comply with the terms of the permit or this Code, or that the soil or other conditions are not as stated on the permit, he or she may order the immediate cessation of all work thereunder, and such work shall cease until such corrections have been complied with. This provision is notwithstanding and prevails over the procedure set forth in Section 15.40.040.

C. Prior to the issuance of building permits for a graded site the rough grading shall be completed to the satisfaction of the responsible engineers and the City Official. Notice in writing to this effect shall be submitted to the City Official.

(Prior code § 16A-11(g))

A. Notwithstanding the provisions of Section 15.40.040, if at any stage of the work the City Official determines by inspection that further grading as authorized by the grading permit is likely to endanger any private property or result in the deposition of debris on any public way or interfere with any existing drainage course, the City Official may require, as a condition to allowing the work to be continued, that such reasonable safety precautions be taken as he or she considers advisable to avoid such likelihood of danger.

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

C. The period between October 15th and April 15th is hereby determined to be period in which heavy rainfall normally can occur in the City. During this period no grading work in excess of two hundred cubic yards of excavation or fill will be authorized on any single grading site under permit when the City Official determines that such work will endanger the public health or safety. Grading permits may be approved by the City for work during the rainy season if grading plans include emergency devices for controlling stormwaters and preventing damaging erosion, such plans to be signed by the design civil engineer.

D. Previously authorized grading work which extends into the rainy season shall be protected by incorporating temporary storm drainage and erosion-control devices. Plans for such temporary erosion-control devices shall be submitted by the permittee and approved by the City Official not later than October 15th of the coming rainy season.

(Prior code § 16A-12)

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

B. No grading work in connection with the proposed modifications will be permitted without the approval of the City Official.

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

(Prior code § 16A-13)

A. Reports. Upon the completion of the rough grading or the final grading, the City Official may require the following reports:

1. Design civil engineer's reports, which shall certify that all grading in his or her purview, lot drainage and drainage facilities have been completed in conformance with the approved plans and this chapter, and shall furnish an as-built grading plan of the completed work;

2. Soils engineer's reports, which shall include but not be limited to, recommended soil bearing capacity where required, summaries of field and laboratory tests and certification that the work was done in accordance with the approved plans and the recommendations of the soils engineer. The soils engineer shall advise the design civil engineer of the variations in the limits of the compacted fill so they may be incorporated in the as-built plan, or, in the absence of a design civil engineer, the soils engineer shall indicate these limits in his or her final report;

3. Engineering geologist's reports, which shall be based on the as-built grading plan and shall include specific approval of the grading as affected by geological factors. Where necessary, a revised geologic map and cross-sections, and any recommendations regarding building restrictions or foundation setbacks, shall be included;

4. Such interim or supplementary reports as deemed necessary.

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

(Prior code § 16A-14)

A. The provisions of this chapter are not intended to prevent the use of any material or method of construction not specifically prescribed by this chapter, provided any such alternate has been approved pursuant to this section.

B. The City Official may approve any such alternate provided he or she finds that the proposed design is satisfactory and complies with the provisions of this chapter, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this chapter in quality, strength, effectiveness and safety.

C. The City Official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use.

D. Whenever there is insufficient evidence of compliance with the provisions of this chapter or evidence that any material or any construction does not conform to the requirements of this chapter, or in order to substantiate claims for alternate material or methods of construction, the City Official may require tests as proof of compliance to be made at the expense of the owner or his or her agent by an approved agency.

E. Test methods shall be specified by this chapter for the material in question. If there are not appropriate test methods specified in this chapter, the City Official shall approve the test procedure. Copies of the results of all such tests shall be retained for a period of not less than two years after the acceptance of the grading.

(Prior code § 16A-15)