Article VI.
Grading and Erosion Control.
25.237 Purpose
The purpose of this section is to safeguard life, limb, property and the public welfare by regulating grading on private property.
25.238 Scope
This section sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspection of grading construction.
25.239 Relationship to the EIR process.
Prior to the submittal of an application for grading permit approval, the property owner or applicant shall have complied with the requirements of the city’s regulations which implement the California Environmental Quality Act of 1970.
25.240 Permits required.
No person shall do any grading without first having obtained a grading permit from the city engineer except for the following:
1. An excavation below finished grade for basements and footing of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than 5 feet after the completion of such structure.
2. Cemetery graves.
3. Refuse disposal sites controlled by other regulations.
4. Excavations for wells or tunnels or utilities.
5. 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 continguous property.
6. Exploratory excavations under the direction of soil engineers or engineering geologists.
7. An excavation which (a) is less than two (2) feet in depth, or (b) which does not create a cut slope greater than five (5) feet in height and steeper than one and one-half horizontal to one vertical.
8. A fill less than one (1) foot in depth, and placed on natural terrain with a slope flatter than five horizontal to one vertical, or less than three (3) in depth, not intended to support structures and does not obstruct a drainage course.
9. For excavation and removal of any earth material to an off site location which involves the hauling of earth material in excess of 50,000 cubic yards, the grading permit process shall include review by the Fairfield planning commission for compliance with the general plan, specific plan, or area wide plan, before issuance by the city engineer. (Ord. No. 86-14, § 1.)
25.241 Hazards.
Whenever the city engineer determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a 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 specified therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this section.
25.242 Definitions.
For the purpose of this section, the definitions listed hereunder shall be construed as specified as follows:
AS-GRADED is the surface conditions extent on completion of grading.
BEDROCK is in-place, solid rock.
BENCH is a relatively level step excavated into earth material on which fill is to be placed.
BORROW is earth material acquired from an off-site location for use in grading on a site.
CERTIFICATION shall mean a written engineering or geological opinion concerning the progress and completion of the work.
CITY ENGINEER shall mean the city engineer of the City of Fairfield.
CIVIL ENGINEER shall mean a professional engineer registered in the state to practice in the field of civil works.
CIVIL ENGINEERING shall mean the application of the knowledge of forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works for the beneficial uses of mankind.
COMPACTION is the densification of a fill by mechanical means.
EARTH MATERIAL is any rock, natural soil or fill and/or any combination thereof.
ENGINEERING GEOLOGIST shall mean a geologist experienced and knowledgeable in engineering geology.
ENGINEERING GEOLOGY shall mean the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.
EROSION is the wearing away of the ground surface as a result of the movement of wind, water and/or ice.
EXCAVATION is the mechanical removal of earth material.
FILL is a deposit of earth material placed by artificial means.
GRADE shall mean the vertical location of the ground surface.
EXISTING GRADE is the grade prior to grading.
ROUGH GRADE is the stage at which the grade approximately conforms to the approved plan.
FINISH GRADE is the final grade of the site which conforms to the approved plan.
GRADING is any excavating or filling or combination thereof.
KEY is a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.
SITE is any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.
SLOPE is an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.
SOIL is naturally occurring surficial deposits, overlaying bedrock.
SOIL ENGINEER shall mean a civil engineer experienced and knowledgeable in the practice of soil engineering.
SOIL ENGINEERING shall mean the application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof.
TERRACE is a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.
25.243 Gradinq permit requirements.
(a) Permits required. Except as exempted in sec. 4 [sec. 25.240] of this article, no person shall do any grading without first obtaining a grading permit from the city engineer. A separate permit shall be required for each site and may cover both excavations and fills.
(b) Application. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished for that purpose. Every such application shall:
(1) Identify and describe the work to be covered by the permit for which application is made;
(2) Describe the land on which the proposed work is to be done, by lot, block, tract, and house and street address, or similar description that will readily identify and definitely locate the proposed building or work;
(3) Indicate the quantities of work involved;
(4) State the valuation of the proposed work;
(5) Be signed by the permittee, or his authorized agent, who may be required to submit evidence to indicate such authority;
(6) Give such other information as reasonably may be required by the city engineer.
(c) Plans and specifications. When required by the city engineer, each application for a grading permit shall be accompanied by two sets of plans and specifications, and supporting data consisting of a soil engineering report and engineering geology report. The plans and specifications shall be prepared and signed by a civil engineer when required by the city engineer.
(d) Information on plans and in specifications. Plans shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this section and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the location of the work and the name and address of the owner and the person by whom they were prepared. 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 the grading, and proposed drainage channels and related construction.
(4) 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.
(5) 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 15 feet of the property which may be affected by the proposed grading operations.
(6) An erosion, sediment, and runoff control plan which indicates necessary land treatment, structural measures and timing requirements which will effectively minimize soil erosion, sedimentation, and rate of water runoff.
Specifications shall contain information covering construction and material requirements.
(e) Soil engineering report. The soil engineering report required by subsection (c) shall include the following:
(1) Description of the site topography, drainage, and vegetation patterns.
(2) Classification of the site soils and rocks, including subsurface cross-sections when appropriate.
(3) Sufficient borings, test pits, exploratory trenches, soil sampling and field and laboratory testing to determine geotechnical properties affecting structures and grading including:
a. in-situ dry density and moisture content
b. soil strength characteristics
c. expansion potential for soils within 5 feet of finish grade
d. compaction of existing fills
e. permeability, when applicable
f. R-values for areas to be paved
g. resistivity and ph levels where buried metal pipes or piles are anticipated
h. consolidation of:
- clay and compressible soils
- fills and receiving areas
- landslide deposits to be left in place
(4) Findings, recommendations, mitigation measures and design criteria for:
a. suitability of earth materials:
- replacement, reworking and blending requirements of existing materials
- specifications for imported fill
b. slope stability
c. bearing values and foundation design
d. short/long term settlement potential including hydrocompression potential
e. lateral loading factors and retaining wall design criteria
f. landslide repair details
g. surface and subsurface drainage details (subdrain design details)
h. clearing and grubbing and grading specifications
i. erosion control measures
j. pavement section design criteria (rigid and flexible pavements)
k. other design considerations identified by the geotechnical engineer
l. items to be observed during construction
(5) Description of the seismic site response to a level of sophistication commensurate with the importance of the structure and criteria needed for structural analysis and design.
(6) A statement of suitability of the site from a geotechnical perspective for the intended use.
(7) Recommendation of supplemental geologic/geotechnical studies if warranted.
(8) A reference bibliography
(9) A plan of the project area showing:
a. existing topography
b. delineation of:
- important geologic features
- fault traces
- landslides and areas of instability
- creeks, canals or drainage channels
- springs and subsurface water
- existing and proposed improvements
- boring, test pit and trench locations
(10) Logs of subsurface explorations
(11) Tables, figures and details necessary to present field information, test data, findings and design recommendations in a clear and understandable format.
Recommendations included in the report and approved by the city engineer shall be incorporated in the grading plans and specifications.
(f) Engineering geology report. The engineering geology report required by subsection (c) shall include the following:
(1) Description of the site geology and geologic structure (including geologic map and cross-sections).
(2) Identification of the locations and limits of active and dormant landslides.
(3) Discussion of the geomorphology, as applicable.
(4) Identification of the faults, seismicity, ground shaking, liquefaction, lateral spreading, lurch cracking, and settlement hazards.
(5) Identification of any other geologic hazards.
(6) Conclusions and recommendations about the effect of geologic conditions on the project, including an assessment of the suitability of the site for the project.
Recommendations included in the report and approved by the city engineer shall be incorporated in the grading plans and specifications.
(g) Geotechnical peer review criteria. The following criteria will be used by the City of Fairfield to establish whether or not a geotechnical peer review will be required for a project:
(1) Landslides: Development areas where active or dormant landslides have been identified, or are likely to be present.
(2) Fault Zones: Development areas located within Alquist-Priolo Earthquake Fault Zones or where geotechnical review indicates a probability of faulting or surface rupture.
(3) Hillside Developments: Development areas where slopes steeper than 7h:lv exist or are proposed within or directly adjacent to the project area.
(4) Substantial Grading: Development areas where substantial grading for access roads, utilities or building pads is proposed. Cuts or fills in excess of 5 feet shall constitute substantial grading.
(5) Creekside Development: Development areas with proposed building setbacks less than 200 feet from existing or proposed creeks, canals or drainage channels.
(6) Natural Springs: Development areas where natural springs, water seepage, or vegetation patterns suggest a high groundwater table that could affect ground stability, structures, or construction.
(7) Geologic Hazards: Development areas where potentially adverse geologic conditions exist such as old fill, liquefaction, lateral spreading or lurch cracking.
(8) Essential Facilities: Public buildings and improvements, as determined by the Public Works Director, to be essential facilities. Essential facilities include, but are not necessarily limited to, the following:
- Hospitals and health care facilities
- Fire stations and police stations
- Communication Centers
- Emergency Operation Centers
- Jails and Detention Centers
- Water and Wastewater Treatment Facilities
- Dams and reservoirs
- Pump stations
- Storm water detention/retention basins
(9) Isolated Developments: Residential developments serving more than 100 units with only one vehicular access or only one point of connection to the public water system.
(h) Issuance. The city engineer may require that grading operations and project designs be modified if delays occur which incur weather generated problems not considered at the time permit was issued.
(Ord. No. 95-20 § 1.)
25.244 Fees.
The following fees shall be collected by the city engineer prior to the issuance of a grading permit:
(a) Plan-checking fee. For excavation and fill on the same site, the fee shall be based on the volume of the excavation or fill, whichever is greater. Before accepting a set of plans and specifications for checking, the city engineer shall collect a plan-checking fee. Separate plan checking fees shall apply to retaining walls or major drainage structures as indicated elsewhere in this section. There shall be no separate charge for standard terrace drains and similar facilities. The amount of the plan-checking fee for grading plans shall be as set forth in Table No. 70-A of the current edition of the Uniform Building Code adopted by the City of Fairfield.
The fee for plan checking authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original plan checking and the fee shown for the entire project.
(b) Grading permit fees. A fee for each grading permit shall be paid to the city engineer prior to commencement of grading as set forth in Table No. 70-B of the current edition of the Uniform Building Code adopted by the City of Fairfield. Separate permits and fees shall apply to retaining walls or major drainage structures as indicated elsewhere in this section. There shall be no separate charge for standard terrace drains and similar facilities.
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. (Ord. No. 95-20, § 2.)
25.245 Bonds.
The city engineer may require bonds in such form and amounts as may be deemed necessary to assure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions.
In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the city engineer in an amount equal to that which would be required in the surety bond.
25.246 Grading.
Any grading to be performed within the project boundaries shall take into account the environmental characteristics of that property, including but not limited to prominent geological features, existing stream beds and significant tree cover, and is designed in keeping with the best engineering practices to avoid erosion, slides or flooding, to have as minimal an effect on said environment as possible.
All cuts, fills, drainage and terracing shall conform to the standard specifications of the city.
25.247 Erosion control.
(a) Slopes. The faces of cut and fill slopes shall be prepared and maintained to control against erosion. This control may consist of effective planting. If planting is required by the city engineer or as a condition of approval of the tentative map, the planting plan shall be approved by the city’s architectural approval committee. 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.
(b) Other devices. Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and provide safety.
(c) The following basic design principles and standards shall serve as minimum guidelines to control erosion and reduce sedimentation:
(1) Stripping or burning of vegetation, grading, or other soil disturbance shall be done in a manner which will minimize soil erosion.
(2) Existing natural vegetation shall be retained, protected, and supplemented where necessary. Site development shall be accomplished so that existing trees can be preserved whenever possible and practical.
(3) Exposure of soil to erosion by removal of vegetation shall be limited to the smallest area practical and for the shortest time practical. Soil exposure shall not exceed an area in which development can be completed during a single construction season to ensure that soils are stabilized and vegetation is established well in advance of the rainy season (October 15 - April 15).
(4) Facilities shall be constructed to retain sediment produced on site.
(5) Sediment basins, sediment traps, diversions or similar required measures shall be installed well in advance of any clearing or grading, and maintained through any such operations until removal is authorized by the city engineer.
(6) Temporary seeding, mulching, or other suitable stabilization measures shall be used to protect exposed erodible areas during development and advance of the rainy season (October 15 - April 15).
(7) Permanent control structures and final vegetation should be installed as soon as practical in the development, and a long-range maintenance plan developed and adhered to.
(8) Provisions shall be made to accommodate the increased runoff caused by altered soil surface conditions during and after development.
(9) Surface runoff rates in excess of predevelopment levels shall be retarded where needed by appropriate structural and vegetative measures.
(10) Slopes, both cut and fill, shall not be steeper than two horizontal to one vertical (2:1), unless a thorough geological and engineering analysis indicates that steeper slopes are safe and appropriate erosion control measures are specified.
(11) Cuts and fills shall not encroach upon natural water courses, their flood plains, or constructed channels in a manner so as to adversely affect other properties.
(12) Disposal of cleared vegetation and excavated materials shall be done in a manner which reduces the risk of erosion and shall strictly conform to the provisions of the approved grading permit. Topsoil shall be conserved for reuse in revegetation of disturbed areas whenever possible.
(13) Proposed development and roadway alignments should be fitted to the topography and soils to minimize erosion.
(14) Waterways shall be designed to avoid erosion as much as practical. Wide channels should be constructed with flat slopes, and the channel and slopes should be lined with grassor other appropriate vegetation. Every effort must be made to preserve natural channels and drainage ways. (Ord. No. 80-31, § 2.)
(15) Runoff shall be diverted away from denuded slopes or other critical areas with barriers or ditches.
(16) Construction access routes should be limited and access points should be stabilized.
(17) Clearing limits, easements, setbacks, sensitive or critical areas and their buffers, trees and drainage courses shall be delineated by marking them in the field.
(18) A contingency plan shall be prepared in the event of unexpected rain or BMP failure including, but not limited to, an immediate response plan, storing extra or alternative control materials on-site, notifying the local agency, etc.
For specific information on erosion and sediment control measures, refer to the latest edition of the Manual of Standards for Erosion & Sediment Control Measures developed by the Association of Bay Area Governments.
25.248 Grading inspection.
(a) General. All grading operations for which a permit is required shall be subject to inspection by the city engineer. When required by the city engineer, special inspection of grading operations and special testing shall be performed in accordance with the provisions of subsection 12(c) [subsection (c) of this section].
(b) Grading designation. All grading in excess of 5000 cubic yards shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as “engineered grading.” Grading involving less than 5000 cubic yards shall be designated “regular grading", unless the permittee, with the approval of the city engineer, chooses to have the grading performed as “engineered grading.”
(c) Engineered grading requirements. For engineered grading it shall be the responsibility of the civil engineer who prepares the approved grading plan to incorporate all recommendations from the soil engineering and engineering geology reports into the grading plan. He shall also be responsible for the professional inspection and certification of the grading within his area of technical specialty. This responsibility shall include, but need not be limited to, inspection and certification 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 engineer. The civil engineer shall also be responsible for the preparation of revised plans and the submission of as-graded grading plans upon completion of the work.
Soil engineering and engineering geology reports shall be required as specified in sec. 7 [sec. 25.243]. During grading, all necessary reports, compaction data and soil engineering and engineering geology recommendations shall be submitted to the civil engineer and the city engineer by the soil engineer and the engineering geologist.
The soil engineer’s area of responsibility shall include, but need not be limited to, the professional inspection and certification 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.
The engineering geologist’s area of responsibility shall include, but need not be limited to, professional inspection and certification 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 ground water drainage devices. He shall report his findings to the soil engineer and the civil engineer for engineering analysis.
The city engineer shall inspect the project at the various stages of the work requiring certification and at any more frequent intervals necessary to determine that adequate control is being exercised by the professional consultants.
(d) Regular grading requirements. The city engineer may require inspection and testing by an approved testing agency.
The testing agency’s responsibility shall include, but need not be limited to, certification concerning the inspection of cleared areas and benches to receive fill, and the compaction of fills.
When the city engineer has cause to believe that geologic factors may be involved, the grading operation will be required to conform to “engineered grading” requirements.
(e) Notification of noncompliance. If, in the course of fulfilling their responsibility under this section, the civil engineer, the soil engineer, the engineering geologist or the testing agency finds that the work is not being done in conformance with this section or the approved grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and the city engineer. Recommendations for corrective measures, if necessary, shall be submitted. No changes to the approved grading plans shall be made without review and approval by the city engineer. (Ord. No. 95-20, § 4.)
(f) Transfer of responsibility for certification. If the civil engineer, the soil engineer, the engineering geologist, or the testing agency of record are changed during the course of the work, the work shall be stopped until the replacement has agreed to accept the responsibility within the area of their technical competence for certification upon completion of the work.
25.249 Completion of work.
(a) Final reports. Upon completion of the rough grading work and at the final completion of the work, the city engineer may require the following reports and drawings and supplements thereto:
(1) An as-graded grading plan prepared by the civil engineer, including original ground surface elevations, as-graded ground surface elevations, lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities. The civil engineer shall provide certification that the work was done in accordance with the final approved grading plan.
(2) A soil grading report prepared by the soil engineer including locations and elevations of field density tests, summaries of field and laboratory tests and other substantiating data and comments on any changes made during grading, and their effect on the recommendations made in the soil engineering investigation report. The soil engineer shall provide certification as to the adequacy of the site for the intended use.
(3) A geologic grading report prepared by the engineering geologist including a final description of the geology of the site, including any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. The engineering geologist shall provide certification as to the adequacy of the site for the intended use as affected by geologic factors.
(b) Notification of completion. The permittee or the permittee’s agent shall notify the city engineer when the grading operation is ready for final inspection. Final approval shall not be given 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.
25.250 Runoff Control.
The city engineer may require a surface water runoff control plan. The runoff control plan shall calculate runoff from the site under natural conditions, and shall estimate runoff after development using city drainage design standards. The runoff control plan shall demonstrate that such peak runoff from the site will not increase after development, and shall include all necessary measures to ensure this result to the satisfaction of the city engineer. (Ord. No. 80-31, § 3.)
25.251 Repeal.
It is not the intent of the city council that the adoption of this ordinance is to repeal chapter 70 of the uniform building code as adopted in Ordinance No. 73-21. This ordinance is to be used in consort with chapter 70 of the uniform building code.