Chapter 14.29 GRADING

This chapter establishes standards for the preparation of sites and construction activities to protect the health, safety and general welfare of those working or living on or near the site by protecting against unwarranted or unsafe grading, drainage works or other aspects of site development as follows:

1. To establish standards and procedures for grading and excavation so as to minimize hazards to life and limb, protect against erosion, maintain the natural environment, and protect the safety, use and stability of public rights-of-way and drain-age channels;

2. To assure that projects approved under this chapter will be free from harmful effects of runoff, including inundation and erosion, and that neighboring and downstream properties will be protected from drainage problems resulting from new development;

3. To assure proper restoration of vegetation and soil systems disturbed by grading or fill activities authorized under this chapter. It is intended through this chapter to maintain an attractive and healthy landscape and to control against dust and erosion and their consequent effects on soil structure and water quality. (Ord. 415 § 1 (part), 1981)

14.29.120 Definitions.

The definitions as stated in the glossary of the Erosion and Sediments Control Handbook maintained by the department of public works shall apply to the interpretation and enforcement of this chapter. (Ord. 415 § 1 (part), 1981)

14.29.130 Scope.

This chapter 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. (Ord. 415 § 1 (part), 1981)

14.29.140 Administration.

The public works department is designated the department responsible for the administration of this chapter. (Ord. 415 § 1 (part), 1981)

14.29.150 Validity and severability.

If any part of this chapter is found not valid, the remainder of this chapter shall remain in effect. (Ord. 415 § 1 (part), 1981)

14.29.160 Fees.

A schedule of fees may be established by resolution of the city council for all costs incurred in the processing of any grading application. Such fees shall cover the full costs of review, approvals, inspections, certification of compliance, or other determinations or actions necessitated by the permit application. A separate and distinct fee may be set by the city council by resolution for the cost of appeals filed pursuant to this chapter. (Ord. 415 § 1 (part), 1981)

14.29.170 Exemptions.

A grading permit is not required if the proposed work consists of the following activities and such activities will not endanger adjacent property, cause increased erosion, sedimentation and rate of water runoff, divert or impair the flow of water within a water course or cause a public nuisance. All development activities exempted from the grading permit requirement shall be carried out in a manner consistent with the design principles and standards set out herein to assure that the potential for erosion of any project is minimized.

A grading permit is not required for the following:

1. Excavation below finished grade for basements and footings of a building, retaining wall, swimming pool, 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 five feet after the completion of such structures;

2. Excavation for cemetery graves;

3. Excavation when all of the following conditions are met:

a. The quantity is fifty cubic yards or less,

b. The depth is three feet or less,

c. The slope of the cut face is two feet horizontal to one foot vertical or less;

4. Fill when all of the following conditions are met:

a. The quantity is fifty cubic yards or less placed on ground sloping twenty percent or less,

b. The height is three feet or less,

c. The slope of the fill embankment face is two feet horizontal to one foot vertical or less,

d. The existing drainage patterns are not altered;

5. Minor agricultural land leveling when the change in elevation is three feet or less;

6. Clearing vegetation when all of the following conditions are met:

a. The slope of the ground is twenty percent or less,

b. The area to be cleared is one acre or less;

7. Grading in refuse disposal areas and sanitary landfills;

8. Trenches for public utilities, unless encroachment permits are otherwise necessary. (Ord. 415 § 1 (part), 1981)

14.29.180 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. (Ord. 415 § 1 (part), 1981)

14.29.190 Uniform building code superseded.

If there is any inconsistency between the provisions of this chapter and Chapter 70 of the Uniform Building Code as adopted by the city, the provisions of this chapter shall control. (Ord. 415 § 1 (part), 1981)

14.29.200 Grading permits.

Unless exempted under Section 14.29.170, a grading permit is required from the public works director prior to the initiation of any grading, excavation, fill or dredging activities included under Section 14.29.201 or Section 14.29.202. (Ord. 415 § 1 (part), 1981)

14.29.201 Excavation.

A grading permit is required for any excavations that:

1. Disturbs more than five thousand square feet in surface area or more than eight hundred cubic yards total cut area; or

2. Disturbs more than two thousand five hundred square feet in surface area or more than four hundred cubic yards total cut area in a flood hazard or erosion hazard area;

3. Is more than two feet deep; or

4. Creates a cut slope more than five feet high and steeper than two horizontal to one vertical. (Ord. 415 § 1 (part), 1981)

14.29.202 Fill.

A grading permit is required for any fill that:

1. Exceeds fifty cubic yards on any one lot; or

2. Exceeds twenty-five cubic yards on any one lot in a flood hazard or erosion hazard area; or

3. Has an unsupported height more than five feet; or

4. Is more than one foot deep and is placed on natural terrain with a slope steeper than two horizontal to one vertical; or

5. Is more than three feet deep and is intended to support structures;

6. Obstructs a natural or manmade drainage course which carries a significant amount of storm runoff to the extent that increased erosion and siltation will occur. (Ord. 415 § 1 (part), 1981)

14.29.203 Earth-filled dams.

For the purpose of creating ponds or catching stormwater, earth-filled dams require a grading permit. Such requirement may be waived on a case-by-case basis by the public works director where the following conditions exist:

1. The proposed dam will not create a hazard to private property and improvements;

2. The proposed dam will not drastically affect existing drainage patterns or create erosion hazards. (Ord. 415 § 1 (part), 1981)

14.29.204 Gravel extraction.

Grading in areas of mining, quarrying, excavating, processing and stockpiling of rock, sand, gravel, aggregate or clay shall be conducted in accordance with a mining and reclamation plan prepared in accordance with the laws of the state of California and any ordinances of this city enacted pursuant thereto and shall conform to the provisions of this chapter. (Ord. 415 § l (part), 1981)

14.29.210 Appeals.

The decision of the public works director upon applications for permits under this chapter shall be in writing and a copy of such decision shall be served upon the applicant, in person or by first class mail, postage prepaid. Any other person who files a written request therefor with the public works director shall also receive a copy of such decision.

If the applicant or any other person is dissatisfied with any determination made by the public works director, he may appeal in writing to the city council stating the reasons for his dissatisfaction with the determination of the public works director. The appeal must be filed within 10 days of the decision by the public works director. The appeal shall be filed with the clerk of the city council and the council shall hear the appeal within sixty days after the date of the filing of the appeal. Written notice shall be given to the public works director, the appellant and all other persons requesting the same, specifying the place, date and time of hearing the appeal. (Ord. 415 § 1 (part), 1981)

14.29.220 Hazards.

Existing Hazards. Whenever the public works director determines that any existing excavation or embankment or fill on private property, to include the exceptions listed in Section 14.29.170 has become a hazard to life or limb, 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, embankment or fill is located, or other person or agent in control of said property or project, upon receipt of notice in writing from the public works director, shall within the period specified therein repair or eliminate such excavation, embankment or fill so as to eliminate the hazard and be in conformance with the requirements of this chapter. The public works director may issue special or conditional permits and/or require performance bonds or other forms of security in accordance with Section 14.29.420 to ensure compliance with the intent of this section. (Ord. 415 § 1 (part), 1981)

14.29.230 Amendment to permit.

All changes in the plans, grades, timing or extent of work shall be submitted to the director of public works for written approval and incorporation into the permit before any change in the work is commenced. The director of public works may amend the permit to approve such changes if appropriate, or may deny approval of such changes.

Failure to obtain prior approval for any change in the work shall be cause for the suspension of the permit until approval is obtained, and may result in the revocation of the permit if such changes are deemed to be hazardous to adjoining properties or to the public at large. (Ord. 415 § 1 (part), 1981)

14.29.240 Extension of time.

Each permit shall be valid for a period of one year from the date of issuance unless noted otherwise on the permit. The date the permit expires shall be noted on the permit.

1. The permittee may, before the expiration of the permit, apply for an extension of time in which to complete the work in a reasonable and expeditious manner.

2. Extensions of time may be granted by the director of public works for a period or periods not exceeding a total of one year.

3. Denial of an extension of time shall not preclude the right of the permittee to apply for a new permit for the remaining balance of the work.

4. Written consent of the surety to any extension of time must be furnished before the approval of the extension becomes effective, unless the security consists of a cash deposit.

5. Every permit issued by the public works director under the provisions of this chapter shall expire by limitation and become null and void if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred twenty days. Permits may be granted an extension of time where the public works director finds that unusual circumstances warrant such an extension of time and will not create a hazard or nuisance.

6. Before any work can be recommenced, if a permit has expired, a new permit shall be first obtained to do so, and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work and provided further, that such suspension or abandonment has not exceeded one year. (Ord. 415 § 1 (part), 1981)

14.29.250 Transfer of permit.

The transfer of a permit from the permittee to another person shall be subject to the written approval of the director of public works. The person to whom the permit is being transferred shall agree in writing to such modifications as may be required, and shall furnish the required security before transfer of the permit will be approved. (Ord. 415 § 1 (part), 1981)

14.29.260 Grading permit requirements.

Except as exempted in Section 14.29.170, no person shall do any grading without first obtaining a grading permit from the public works director. A separate permit shall be required for each site and may cover both excavations and fills. Subdivisions on which all grading is performed as a unit shall be considered a single site. (Ord. 415 § 1 (part), 1981)

14.29.261 Application.

To obtain a permit the applicant shall first file an application therefor in writing on a form furnished for that purpose by the public works director. Every application shall include the following:

1. The name, address and telephone number of the applicant;

2. The names, addresses, and the telephone numbers of all property owners other than the applicant;

3. The names, addresses, and telephone numbers of any and all contractors or persons actually doing the work, and the work that each will be doing;

4. The name, address, telephone number and registration number of the party responsible for preparing the grading plan;

5. The name, address and telephone number of the party responsible for preparing the erosion and sediment control plan;

6. The name, address and telephone number and registration number of the registered civil engineer responsible for the preparation of the soils and engineering report, if required;

7. Identify and describe the work to be covered by the permit for which application is made;

8. 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;

9. Indicate the use or occupancy for which the proposed work is intended;

10. Be accompanied by plans and specifications as required in Section 14.29.263;

11. Be signed by the permittee, or his authorized agent, who may be required to submit evidence to indicate such authority;

12. State the estimated quantity of work involved;

13. State the estimated starting and completion dates;

14. Give such other information as reasonably may be required by public works director. (Ord. 415 § 1 (part), 1981)

14.29.262 Plans and specifications.

A. Minor Grading. A minor grading plan is to be submitted where the grading includes less than five thousand cubic yards total of cut and fill where the public works director has determined that a grading project is of a minor nature due to the absence of:

1. Steep slopes (greater than or equal to fifteen percent);

2. Location in a geologic study area or flood hazard area;

3. Potential damage to structures on or adjacent to the subject site;

4. Potential blockage of drainage channels;

5. Potential impairment of significant natural vegetation, biological habitats, public views or other sensitive natural resources.

B. A minor grading plan is to consist of the following as determined by the public works director, provided that information submitted with any required plot plan, site plan, or development plan may also be used to fulfill those submittal requirements:

1. General vicinity map;

2. Property limits of the site;

3. Generalized existing contours and drainage channels including those areas of the subject site and adjoining properties that will be affected by the disturbance either directly or through drainage alterations;

4. Location of any buildings or structures that are within fifty feet of the area which may be affected by the proposed grading operation,

5. Limiting dimensions, elevations or finished contours to be achieved by the grading and proposed drainage channels and related construction.

C. Engineered Grading. An engineered grading plan is to be submitted for any grading in excess of five thousand cubic yards or where the public works director has determined that a grading project should be engineered, based on the presence of:

1. Steep slopes;

2. Located in an erosion hazard area or a flood hazard area;

3. Potential damage to structures on the subject site or adjacent properties;

4. Potential impairment of natural vegetation, biological habitats, public views, or other sensitive resources.

D. Where it is determined by the public works director that, due to terrain, soil characteristics, grading design, etc., engineered grading plans will serve no benefit with respect to effecting a safe and adequate grading operation, such engineered grading plan requirements may be waived.

E. An engineered grading plan is to be drawn to scale and is to be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this chapter. Two sets of plans and specifications are to be prepared and signed by a civil engineer and are to include the following information as determined by the public works director:

1. General vicinity map;

2. Property limits of the subject site;

3. Details of terrain and area drainage and accurate contours of existing ground at intervals determined by the public works director;

4. Location of any buildings or structures that are within fifty feet of the area which may be affected by the proposed grading operations;

5. Limiting dimensions, elevations of finished contours to be achieved by the grading, and proposed drainage channels and related construction;

6. Specifications covering construction and material requirements;

7. Soil engineering report to include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and criteria for corrective measures when necessary, and opinions and recommendations covering adequacy of sites to be developed by the proposed grading;

8. Engineering geology report to include a description of the site, conclusions and recommendations regarding the effect of geologic conditions and recommendations covering the adequacy of sites to be developed by the proposed grading;

9. A statement indicating methods to mitigate any conditions whereby the public works director may require an engineered grading plan such as steep slopes, location in a geologic study area or flood hazard area, potential damage to structures on the subject site or adjacent property, potential impairment of natural vegetation, habitat, public view or other sensitive resources;

10. Drainage plan if not included in any of the above;

11. Erosion control plan and/or recommendation for mitigating measures. (Ord. 415 § 1 (part), 1981)

14.29.263 Issuance.

A. The application, plans and specification filed by an applicant for a permit shall be checked by the public works director. Such plans may be reviewed by other departments of the city to check compliance with the laws and ordinances under their jurisdiction. If the public works director is satisfied that the work described in an application for permit and the plans filed therewith conform to the requirements of this chapter and other pertinent laws and ordinances and that the fee specified in Section 14.29.160 has been paid, the public works director shall issue a permit therefor to the applicant.

When the public works director issues the permit, he shall endorse in writing or stamp on both sets of plans and specifications “APPROVED.” Such approved plans and specifications shall not be changed, modified, or altered without authorization from the public works director; and all work shall be done in accordance with the approved plans. The public works director may require that grading operations and project designs be modified if delays occur which incur weather generated problems not considered at the time the permit was issued.

B. Coordination of Grading Plans. The public works director may require inspection and testing by an approved testing agency or the public works department, and he is responsible for coordination of the parties to all grading activities including the civil engineer, soils engineer, engineering geologist, public works department, other city departments where required, the grading contractor, and the testing agency.

C. Retention of Plans. One set of approved plans, specifications and computations shall be retained by the public works director for a period of not less than ninety days from date of completion of the work covered therein, and one set of approved plans and specifications shall be returned to the applicant, which set shall be kept on such building or work site at all times during which the work authorized thereby is in progress.

D. The issuance of a permit based upon plans and specifications shall not prevent the public works director from thereafter requiring the correction of errors in said plans and specifications or from preventing building operations being carried on thereunder when in violation of this chapter or of any other ordinance of the city.

E. Upon completion of the rough grading and/or final grading for any engineered gradings, the public works director may require submission of an as-graded grading plan and soil and geologic grading reports.

F. The applicant is to notify the public works director when the grading operation is ready for final inspection. Final approval will not be given until all work has been completed in accordance with the final approved grading plan including installation of all drainage facilities and their protection devices and all revegetation and erosion control measures as required. (Ord. 415 § 1 (part), 1981)

14.29.300 Grading standards.

Excavations and fills are to be conducted in accordance with the standards set out in Section 14.29.301 through Section 14.29.303. (Ord. 415 § 1 (part), 1981)

14.29.301 Grading standards—Cuts and fills minimum.

Cuts and fills are to be limited to the minimum amount necessary to provide stable embankments for required parking areas or street rights-of-way, structural foundations, and adequate residential yard area or outdoor storage or sales area incidental to a nonresidential use. Adequate graded storage and sales area is to be limited to not more than twenty percent of gross floor area. (Ord. 415 § 1 (part), 1981)

14.29.302 Grading standards—Cut slopes.

Cut slopes are to be no steeper than two horizontal to one vertical or fifty percent except where certified by a registered civil engineer as to stability and/or approved by the public works director. (Ord. 415 § 1 (part), 1981)

14.29.303 Grading standards—Fills.

Fills are to be subject to the following standards, provided that the public works director may exempt minor fills that are not intended to support structures unless otherwise recommended in an approved soil engineering report:

1. Fill slopes may not be constructed on natural slopes steeper than two to one or as determined by the public works director.

2. The ground surface is to 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 two to one and the height is greater than five feet, benching into sound bedrock or other competent materials as determined by the public works director.

3. The bench under the toe of a fill on a slope steeper than two to one is to be at least ten feet wide. The area beyond the toe of a fill is to be sloped for sheet overflow or a paved drain provided. Where fill is to be placed over a cut, the bench under the toe of a fill is to be at least ten feet wide, but the cut must be made before placing any fill and approved by the soils engineer (or public works director for minor grading) as a suitable foundation for fill. Unsuitable soil is soil which is not competent to support other soil or fill, to support structures, or to perform satisfactorily the other functions for which the soil is intended.

4. Detrimental amounts of organic material may not be permitted in fills. No rock or similar irreducible material with a maximum dimension greater than twelve inches is to be buried or placed in fills, except that the public works director 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 also apply in such case:

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

b. Rock sizes greater than twelve inches in maximum dimension are to be below grade, measured vertically at a distance determined by the public works director;

c. Rocks are to be placed so as to assure filling of all voids with fines.

5. All fills for building pads and roads are to be compacted to a minimum of ninety percent of maximum density as determined by the public works director. Fill density will be determined by the public works director.

6. Drainage and terracing is to be provided and the area above fill slopes and the surfaces of terraces are to be graded and paved as required in Section 14.29.320. (Ord. 415 § 1 (part), 1981)

14.29.310 Setbacks.

Setbacks for cuts and fills are to be as follows:

1. The tops of cuts and toes of fill slopes are to be set back from the outer boundaries of the permit area including slope right areas and easements in accordance with Figure No. 1 and Table No. 1 attached to the ordinance codified in this chapter.

2. Setbacks between graded slopes and structures are to be provided in accordance with Figure No. 2 attached to the ordinance codified in this chapter. (Ord. 415 § 1 (part), 1981)

14.29.320 Drainage and terracing.

Drainage facilities and terracing are to conform to the following unless otherwise indicated on the approved grading plan:

1. Terraces at least six feet in width are to be established at not more than thirty-foot-in-height intervals on all cut or fill slopes to control surface drainage and debris except that, where only one terrace is required, it is to be a mid-height. For cut slopes greater than sixty feet and up to one hundred twenty feet in height are to be twelve feet in width. Terraces on cut or fill slopes greater than one hundred twenty feet in height are to be designed by the civil engineer and approved by the public works director. Suitable access is to be provided to permit proper cleaning and maintenance.

2. Swales or ditches on terraces are to have a minimum gradient of five percent paved with reinforced concrete not less than three inches in thickness or an approved equal paving. They are to have a minimum paved width of five feet.

3. A single run of swale or ditch may not collect runoff from a tributary area exceeding thirteen thousand five hundred square feet (projected) without discharging into a down drain without approval of the public works director.

4. Cut and fill slopes are to be provided with subsurface drainage as determined necessary by the public works director based upon the soils engineer report or in accordance with a drainage and/or erosion control plan prepared pursuant to this chapter. Check dams, cribbing, rip-rap, or other devices or methods are to be employed to control erosion and provide safety.

5. All drainage facilities are to be designed to carry waters to the nearest practical drainage way approved by the public works director as a safe place to deposit such waters. Erosion of ground in the area of discharge is to be prevented by installation of nonerosive down drains or other devices.

6. Building pads are to have a drainage gradient of two percent toward the street or in an underground conduit. The approved drainage facilities may be one percent if approved by the public works director and all of the following conditions exist throughout the permit area:

a. No proposed fills are greater than ten feet in maximum depth;

b. No proposed finish cut or fill slope faces have a vertical height in excess of ten feet;

c. No existing slope faces, which have a slope face steeper than ten horizontally to one vertically, have a vertical height in excess of ten feet.

7. Paved interceptor drains are to be installed along the top of all cut slopes where the tributary drainage area above slopes towards the cut and has a drainage path greater than forty feet measured horizontally or as approved by the public works director. Interceptor drains are to be paved with a minimum of three inches of reinforced concrete or approved equal. They are to have a minimum depth of twelve inches and a minimum paved width of thirty inches measured horizontally across the drain. The slope of such drain is to be approved by the public works director.

Grading, dredging or diking may not alter any intermittent or perennial stream as shown on any USGS seven and one-half minute map, except as permitted through approval of a streambed alteration permit from the California Department of Fish and Game issued under Section 1601 or 1602 of the Fish and Game Code.

Contours of finished surfaces are to be blended with adjacent natural terrain to achieve a consistent grade and natural appearance. Borders of cut slopes and fills are to be rounded off to a minimum radius of 5 feet so as to blend with the natural terrain. (Ord. 415 § 1 (part), 1981)

14.29.321 Drainage plan content.

Drainage plans are to be accurately and neatly drawn to include the following as determined by the public works director:

1. Flow of surface water onto and off the site;

2. Existing and finished contours at intervals determined by the public works director;

3. Building and road elevations, existing and proposed;

4. Existing and proposed drainage channels including drainage swales, ditches and berms;

5. Location and design of any proposed facilities for storage or for conveyance of runoff into indicated drainage channels including sumps, basins, channels, culverts, ponds, storm drains and drop inlets;

6. Estimates of existing and increased runoff resulting from the proposed improvements if required. (Ord. 415 § 1 (part), 1981)

14.29.322 Storm drainage system standards.

Drainage facilities are to be adequate to assure that the development will not result in stormwater runoff that could cause flooding, ponding, soil erosion, sediment production, and sediment pollution. The following standards also apply:

1. Site development is to be accomplished wherever possible in a manner that will maximize percolation and infiltration of precipitation into the ground and will minimize direct surface runoff into adjoining streets, water courses, or properties.

2. In general, the release rate of stormwater from all parts of the subject site after development should not exceed the stormwater runoff rate from the area in its previous undeveloped state for all intensities and durations of rainfall. The carrying capacity of the channels immediately downstream is to be considered in determining the permitted amount of the stormwater release.

3. All drainage facilities are to be designed to carry stormwaters to the nearest stable channel or natural drainage way with adequate capacity to carry the flow. If drainage facilities discharge onto natural ground, the applicant is to provide a method to reduce the velocity of flow in order to prevent erosion or other harmful effects to the subject site or other adjoining properties. (Ord. 415 § 1 (part), 1981)

14.29.330 Erosion control.

A. The faces of cut and fill slopes shall be prepared and maintained to control against erosion. The protection for the slopes shall be installed as soon as practicable and prior to calling for final approval. Where it is determined by the public works director that cut slopes are not subject to erosion due to erosion-resistant character of the materials, such protection may be omitted.

B. Erosion control plan content. With any minor or engineered grading plan, an erosion control plan may be required to be submitted including the following items:

1. Protective measures to be taken during construction such as hydromulching, berms (temporary or permanent), interceptor ditches, subsurface drains, terraces and/or sediment traps in order to prevent erosion by surface or ground water of the cut faces of excavations or of the sloping surfaces of fills;

2. Permanent methods of revegetation following completion of proposed grading or improvements;

3. Approximate sequence and timing of grading and construction increments and/or subsequent revegetation and/or landscaping work.

C. Revegetation standards.

1. Permanent revegetation or landscaping, if required, is to be commenced on the construction site as soon as practical and in no case exceeding twelve months after achieving final grades and utility implacements. Whenever practical, land is to be developed in increments of workable size which can be completed during a single construction season; erosion control measures are to be coordinated with the sequence of grading or improvements.

2. Grading equipment is to be confined to area immediately adjacent to areas of disturbance as indicated by the plan approved by the public works director.

3. All surfaces disturbed by vegetation removal, grading, haul roads, or other activity of construction which alters the natural vegetative cover are to be prepared for expedient revegetation or otherwise maintained to control erosion unless covered with impervious or other improved surfaces pursuant to approved plans within thirty days of following the completion of grading, or removal of vegetation if no grading was involved. Erosion control described in the Erosion and Sediment Control Handbook, May 1978, may be used as a guide.

4. Topsoil removed from the surface in preparation for grading and construction is to be stored whenever possible on or near the site and protected from erosion while grading operations are underway; provided, that such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved. After completion of such grading, topsoil is to be restored to exposed cut and fill embankments or building pads so as to provide a suitable base for seeding and planting.

5. Acceptable methods of revegetation include straw-mulching, hydro-mulching or planting of mixture specified by public works director. Other methods of revegetation may be approved by the public works director where equivalent protection is provided.

6. All revegetation and landscaping are to be conducted within suitable growing periods. Native plant material are specifically encouraged in order to reduce irrigation demands.

7. For all grading or improvements to be conducted during the rainy season, a sedimentation control plan is to be submitted including, where necessary, temporary sedimentation basins. Sedimentation control facilities are to be installed in conjunction with initial grading operations and maintained throughout the construction period to remove sediments from runoff waters during development.

8. Permanent sediment catchment basins or other types of sediment retention facilities are required wherever necessary to prevent discharge of sediment into stream channels. Accumulated sediment is to be inspected and removed for disposal according to a regular maintenance schedule.

9. The planting or seeding of vegetative protection must be effective. If the vegetation does not grow and offer proper protection, it must be replanted or reseeded.

10. The maintenance of vegetative protection on graded slopes shall be the responsibility of the permittee and shall be guaranteed until the vegetation is well established or is officially assumed by another party approved by the public works director. (Ord. 415 § 1 (part), 1981)

14.29.400 Grading inspection.

A. General. All grading operations for which a permit is required shall be subject to inspection by the public works director. When required by the public works director, special inspection of grading operations and special testing shall be performed in accordance with the provisions of this chapter.

B. 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 public works director. 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 may be required as specified in Section 14.29.262. During grading all necessary reports, compaction data, and soil engineering and engineering geology recommendations shall be submitted to the civil engineer and public works director by the soil engineer and 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 sub-drains or other ground water drainage devices. He shall report his findings to the soil engineer and the civil engineer for engineering analysis. The public works director 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.

C. Regular Grading Requirements. The public works director may require inspection and testing by an approved testing agency, the expense of which shall be borne by the applicant. 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 public works director has cause to believe that geologic factors may be involved, the grading operation will be required to conform to engineered grading requirements at no expense to the city. (Ord. 415 § 1 (part), 1981)

14.29.410 Suspension and revocation of permit.

A. A grading permit shall be suspended or revoked by the public works director, unless exempted by said director, if:

1. Conditions at the site vary appreciably from those shown on the approved plans;

2. Construction does not conform to the approved grading plan, final erosion and sediment control plan, time schedules, or conditions of the grading permit;

3. The site is left in a condition hazardous to the public or to the adjacent properties, and permittee does not comply with reasonable requirements to correct said conditions;

4. The permittee does not comply with reasonable requirements to safeguard the workmen, the public or other persons acting in a lawful manner;

5. The permittee, in connection with the operations for which the permit was issued, fails to operate his equipment properly on public roads; or allows material to encroach, obstruct, or be deposited within a public road right-of-way or within a drainage channel in a manner not authorized by said permit; or causes unauthorized obstruction or diversion of drainage channels;

6. The permittee fails to have a qualified inspector, working under the supervision of a registered civil engineer, on the site during operations when so required by the permit or fails to have the work under proper supervision at all times;

7. Emergency conditions exist on the site which constitute a threat to health, safety or public welfare.

B. Prior to the suspension or revocation of a permit, the public works director shall give to the permit holder written notice of intention to suspend or revoke the permit, which notice shall specify the grounds for such intended action and the time and place for the holding of a conference between the public works director and the permit holder and/or their authorized representatives to review the grounds for the proposed action. Notice of the proposed action shall be given to the permit holder at least forty-eight hours, but not more than seventy-two hours before the time set for the conference, if given by personal service, and at least ninety-six hours, but not more than one hundred twenty hours before the time set for the conference, if given by first class mail. Weekends and holidays shall not be counted in determining the time for the giving of notice and the holding of the conference. With the consent of the permit holder the time periods provided for herein may be shortened or extended.

Upon receipt of the notice of intended suspension or revocation, the permit holder shall cease all work in connection with the permit, with the exception of work necessary to correct any condition or perform any work cited in the notice of proposed action as a ground for suspension and/or revocation and work of an emergency nature.

Within twenty-four hours following the conclusion of the conference, the public works director shall render his written decision, either revoking the permit, suspending the permit, or authorizing the permit holder to proceed with the work. Such action may be with or without conditions. The decision shall be served upon the permit holder by personal service or first class mail, postage prepaid, within twenty-four hours after the rendition of the decision.

If the permit holder is dissatisfied by the decision of the public works director, he may appeal to the city council. Said appeal shall be filed, noticed, and acted upon within the same time and in the same manner as an appeal under Section 14.29.210.

C. If the permittee fails to correct said objectionable or emergency conditions, the city may cause the work necessary to correct said conditions to be done, and the city may take action against the permittee’s security to cover the cost of performing the work.

D. Any permit which has been suspended may be either reinstated or revoked by the public works director. (Ord. 415 § 1 (part), 1981)

14.29.420 Security.

In all cases, the application for engineered grading permit shall be accompanied by a performance bond or other form of security acceptable to the public works director, posted by the applicant. A bond may also be required along with the application for a minor grading permit if deemed necessary by the public works director. The amount of the bond or security shall be the full cost of the installed erosion and sediment control measures and for the maintenance of such facilities. The bond shall be held until the erosion and sediment control measures have performed satisfactorily for a period of one year following completion of development or until such measures are permanently stabilized as provided for in this chapter. The bond may be used to provide for the installation and maintenance of the control measures if not done by the applicant and sediment runoff is occurring as a result. (Ord. 415 § 1 (part), 1981)

14.29.430 Enforcement and penalty.

A. It shall be the duty of the public works director and other authorized employees of the city, to enforce the provisions of this chapter. No oversight or dereliction on the part of the public works director, or any authorized assistants of any official, or employee of the city vested with the duty or authority to issue permits, shall legalize, authorize, waive or excuse the violation of any provision of this chapter.

B. In the administration and enforcement of this chapter, any duly authorized official or employee of the city shall have authority to enter upon the premises for the purposes of investigation and inspection; provided, however, that the above referred to right of entry shall be exercised only during the daylight hours. No person shall refuse to permit such inspection.

C. In the event any person, firm or corporation shall perform any work in violation of this chapter or any permit issued pursuant thereto, or fail or refuse to perform any work required by this chapter or any permit issued pursuant thereto, the same is declared to be a public nuisance and at the direction of the city council, the city attorney is authorized to bring and prosecute an action in a court of competent jurisdiction to enjoin the performance of such work or, if such work has been accomplished, from maintaining the same.

D. The violation of this chapter is an infraction and shall be punishable by:

1. A fine not exceeding fifty dollars for a first violation;

2. A fine not exceeding one hundred dollars for a second violation within one year;

3. A fine not exceeding two hundred fifty dollars for each additional violation within one year. (Ord. 415 § 1 (part), 1981)