Yuba City Municipal Code Art. 1 General Provisions

This chapter shall be known as the grading, erosion, and sediment control ordinance of the City of Yuba City (City), and shall be referred to herein as the "grading ordinance."

(Ord. No. 002-16, § 1, 2-16-2016)

The grading ordinance is enacted for the purpose of regulating grading on property within the City to safeguard life, limb, health, property, and the public welfare; to avoid pollution of watercourses with nutrients, sediments, or other materials generated or caused by surface water runoff; to comply with the City's National Pollution Discharge Elimination System (NPDES) Permit No. 5S51M2000094, issued by the California State Water Resources Control Board (SWRCB); and to ensure that the intended use of a graded site within the City limits is consistent with the General Plan, any operative specific, community, neighborhood, or master plans and applicable City ordinances and regulations. The grading ordinance is intended to control all aspects of grading operations within the City.

(Ord. No. 002-16, § 1, 2-16-2016)

The grading ordinance sets forth the rules and regulations to control land disturbances, landfill, soil storage, pollution, and erosion and sedimentation resulting from construction activities. The grading ordinance establishes procedures for issuance, administration, and enforcement of permits for such activities. Any grading within the City limits of the City shall conform to provisions of the grading ordinance and other applicable provisions of the City Code, including, but not limited to, the latest edition of the City's standard specifications for public works construction and the California Department of Transportation Standard Specifications.

(Ord. No. 002-16, § 1, 2-16-2016)

The grading ordinance shall be administered for the City by the Development Services Department through the building permit process, or improvement plan process, as applicable.

(Ord. No. 002-16, § 1, 2-16-2016)

The provisions of this chapter are hereby declared to be severable. If any provision, clause, word, sentence, or paragraph of this chapter or the application hereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.

(Ord. No. 002-16, § 1, 2-16-2016)

In the event of any conflict between this chapter and any Federal or State law, regulation, order, or permit, the requirement which establishes the higher standard for public health or safety shall govern. To the extent permitted by law, nothing in this chapter shall preclude enforcement of any other applicable law, regulation, order or permit.

(Ord. No. 002-16, § 1, 2-16-2016)

This chapter shall not create liability on the part of the City or any agent or employee thereof for any damages that result from any reliance on this chapter or any administrative decision lawfully made thereunder. Neither issuance of grading approval under the provisions of the grading ordinance nor compliance with the provisions hereof or with any conditions imposed in a permit issued hereunder shall relieve any person from responsibility for damage to any person or property or impose any liability upon the City for damage to any person or property.

(Ord. No. 002-16, § 1, 2-16-2016)

Except for the specific exemptions listed hereinafter, no person shall do or permit to be done any grading on any site in the City without first obtaining approval of such grading from the Director in accordance with the provisions of the grading ordinance.

(Ord. No. 002-16, § 1, 2-16-2016)

The following grading may be done without obtaining grading approval unless grading approval is required in mitigation monitoring agreements or other conditions of project approval. Exemption from the grading approval requirement shall not be deemed as permission to violate any other provision of this chapter.

(a) Minor construction projects which meet all of the following requirements:

(1) The volume of material graded is less than 50 cubic yards;

(2) The depth of cuts and fills is less than two feet;

(3) Any drainage way is not blocked or obstructed and its stormwater carrying capacities are not modified;

(4) Slopes are less than 10% and are not left in an unstable or erodible condition.

(b) Single-family residential lots less than one-half acre (12,780 square feet) which also meet the requirements of subsection (a) of this section.

(c) Excavations in connection with a swimming pool authorized by a valid building permit.

(d) Grading necessary for agricultural operations unless the failure of any cut or fill created by such grading could endanger any structure intended for human or animal occupancy or any public road, or could obstruct any watercourse or drainage way.

(e) Exploratory excavations of less than 350 cubic yards under the supervision of a geotechnical engineer.

(f) Routine cemetery excavations and fills.

(g) Performance of emergency work necessary to protect life or property when an urgent necessity therefor arises. The person performing such emergency work shall notify the Director promptly of the problem and the work required.

(h) An excavation below finished grade for basements and footings of a building authorized by a valid building permit.

(i) Refuse disposal sites controlled by Title 23, Chapter 15, of the California Code of Regulations.

(j) The repair and maintenance of levees for river and local drainage control performed by a governmental agency.

(Ord. No. 002-16, § 1, 2-16-2016)

Grading approval may be issued by the Director in connection with the issuance of a building permit or the approval of improvement plans, or where grading is commenced prior to such issuance or approval, through the issuance of a separate grading permit.

(Ord. No. 002-16, § 1, 2-16-2016)

The conditions of grading approval are as follows:

(a) No grading shall be approved unless the project conforms with the City's General Plan, any operative specific, neighborhood, or master plans, and applicable City ordinances.

(b) Where the California Environmental Quality Act (CEQA) requires the preparation and approval of environmental documents concerning a project which will result in grading for which a grading permit is required under this chapter, no grading shall be approved until all CEQA requirements have been met, including, but not limited to, mitigation measures relating to protection of threatened and endangered species under applicable federal and state endangered species laws.

(c) Where a proposed grading project requires the filing of a tentative map or the intended use requires approval of a discretionary zoning permit or variance, grading may also require approval from the Development Services Department.

(d) Work shall be performed in accordance with the provisions of the grading ordinance.

(e) Grading approval shall be limited to work shown on the grading plans as approved by the Director. The Director may impose any condition deemed necessary to protect the health, safety, and welfare of the public, to prevent the creation of a hazard to public or private property, and/or to assure proper completion of the grading, including, but not limited to, the following:

(1) Mitigation of adverse environmental impacts as disclosed by any environmental document findings, including, but not limited to, those matters specified in subsection b of this section;

(2) Improvement of any existing grading to comply with the standards of the grading ordinance;

(3) Requirements for fencing or other protection of grading which would otherwise be hazardous;

(4) Requirements for dust, erosion, sediment and noise control, hours of operation and season of work, access roads and haul routes;

(5) Requirements for safeguarding watercourses, whether natural or manmade, from excessive deposition of sediment or debris. In no case shall deposition of sediment or debris cause an exceedance of applicable water quality standards;

(6) Assurance that the land area in which grading is proposed and for which habitable structures are proposed is not subject to hazards of land slippage or significant settlement or erosion and that the hazards of flooding can be eliminated or adequately reduced;

(7) Requirements for safeguarding existing water wells.

(Ord. No. 002-16, § 1, 2-16-2016)

The issuance of grading approval shall not be construed as an approval of any action or condition constituting a violation of the provisions of the grading ordinance or of any other applicable laws, ordinances, rules or regulations.

(Ord. No. 002-16, § 1, 2-16-2016)

No person shall do or permit to be done any grading which may obstruct, impede, or interfere with the natural flow of stormwater, whether such waters are unconfined upon the surface of the land or confined within land depressions, natural drainage ways, unimproved channels, watercourses, improved ditches, channels or conduits, in such manner as to cause flooding where it would not otherwise occur, aggravate any existing flooding condition or cause accelerated erosion except where said grading is in accordance with all applicable laws, including, but not limited to, the provisions of the grading ordinance.

(Ord. No. 002-16, § 1, 2-16-2016)

No person shall excavate or remove any material from or otherwise alter any levee adjacent to any river, creek, bay, or local drainage control channel, without prior approval of the governmental agency or agencies responsible for the operation and/or maintenance of the levee.

(Ord. No. 002-16, § 1, 2-16-2016)

No person shall perform any grading work within the right-of-way of a public road or street, or within a public easement, without prior written approval of the Director, and without obtaining a City encroachment permit.

(Ord. No. 002-16, § 1, 2-16-2016)

Whenever the Director determines that any grading on private property constitutes a condition which could endanger persons or property, or could adversely affect the safety, use or stability of adjacent property, or an overhead or underground utility, or any public way, watercourse or drainage channel, or could adversely affect the water quality of any water bodies or watercourses, the owner of the property upon which the condition is located, or other person or agent in possession or control of said property, upon receipt of notice in writing from the Director, shall, within the period specified therein, stop all work. The Director may require the submission of plans, soil or geological reports, detailed construction recommendations, drainage study or other engineering data prior to and in connection with any work or activity proposed or required to correct such condition.

(Ord. No. 002-16, § 1, 2-16-2016)