Chapter 2. Grading, Excavations and Fills

Article 1. General Provisions.

Sec. 7-2.101 Purpose and Intent.

The primary purposes of this Chapter are to protect life, limb and property, to promote and enhance the general public welfare and a superior community environment, and insofar as it is economically feasible, to ensure the maximum possible preservation of the natural scenic character of major portions of the City, by establishing minimum standards and requirements relating to land grading, excavations and fills, and procedures by which these standards and requirements may be enforced. It is intended that this Chapter be administered with the foregoing purposes in mind and with a view to:

(a) Ensuring that future development of lands, particularly in the hilly areas of the City, occurs in the manner most compatible with surrounding areas and so as to have the least adverse effect upon other persons or lands, or upon the general public.

(b) Ensuring that soil will not be stripped and removed from lands in the more scenic parts of the City, leaving the same barren, unsightly, unproductive, and the hazards of subsidence and faulty drainage.

(c) Ensuring the regulation of grading private property in order to control erosion, control sedimentation and to protect the water quality of water courses, water bodies and wetlands.

(d) Encouraging the planning, design and development of building sites in such fashion as to provide the maximum in safety and human enjoyment, while adapting development to and taking advantage of the best use of the natural terrain.

(e) Encouraging and directing special attention toward retaining, insofar as practical, the natural planting and a maximum number of existing trees. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.102 Scope.

(a) This Chapter sets forth rules and regulations to control excavation, grading, and earthwork construction, including fills or embankments; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspection of grading construction.

(b) The provisions of this Chapter are supplementary and in addition to the zoning and subdivision regulations of the City, and shall be read and construed in connection with and as an integrated part of the zoning and subdivision chapters and the patterns of land development control established thereby.

(c) In the event of conflict between this Chapter and adopted Chapter 70 of the Uniform Building Code entitled “Excavation and Grading,” this Chapter shall take precedence. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.103 Actions Prohibited.

It shall be unlawful for any person to:

(a) Perform any work within the scope of this Chapter without first having obtained a permit from the Public Works Department pursuant to this Chapter.

(b) Grade in such a manner so as to:

(1) Cause erosion or sedimentation on other property or on public streets;

(2) Obstruct or otherwise interfere with drainage, or deposit sediment in natural or artificial drainage facilities; or

(3) Construct or alter drainage facilities or alter drainage courses without first obtaining a grading permit pursuant to Section 7-2.303 of this Chapter. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.104 Administration.

The Public Works Department is hereby designated as the City department responsible for the administration of this Chapter. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.105 Title.

This Chapter shall be known as the “Hercules Grading Ordinance.” (Ord. 242 Div. 2 (part), 1986)

Article 2. Definitions.

Sec. 7-2.201 Purposes.

For the purpose of this Chapter, unless it is plainly evident from the context that a different meaning is intended, certain words, terms and phrases used herein are defined as set out in this Article. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.202 Applicant.

“Applicant” shall mean any person, partnership, corporation, or agency requesting permission to engage in any grading activity. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.203 Bedrock.

“Bedrock” shall mean the relatively solid, undisturbed rock in place either at the ground surface or beneath surface deposits of gravel, sand or soil. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.204 Bench.

“Bench” shall mean a step constructed in the face of a cut or fill slope for maintenance, access, and drainage purposes. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.205 Borrow.

“Borrow” shall mean earth material acquired from an offsite location for use in grading on a site. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.206 Building Pad.

“Building pad” shall mean that area of a lot, parcel or site which will be occupied by the building structure, and includes any other structure or improvement attached, adjoining or adjacent thereto. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.207 Civil Engineer.

“Civil engineer” shall mean an engineer licensed by the State of California to engage in the practice of civil engineering. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.208 Compaction.

“Compaction” shall mean the act of compacting or consolidating soil and rock material to a specified density, and the resulting compacted state of the material. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.209 Critically Expansive Soil or Other Soils Problems.

“Critically expansive soil or other soils problems” shall mean soil conditions which are likely to cause damage to improvements, including streets, structures and buildings. They shall be tested by acceptable procedures to provide data suitable for making adequate designs for the improvements. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.210 Diversion.

“Diversion” shall mean a temporary or permanent facility consisting of a channel, ditch, or ridge constructed across a sloping land surface to intercept and divert surface runoff in order to control its erosion potential. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.211 Earth Material.

“Earth material” shall mean any rock, fill, and/or any combination thereof. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.212 Engineering Geologist.

“Engineering geologist” shall mean a geologist licensed by the State of California to engage in the practice of engineering geology. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.213 Engineering Geology.

“Engineering geology” shall mean the application of geological data and principles to engineering problems dealing with naturally occurring rock and soil for the purpose of forming an opinion that geological factors are recognized and adequately interpreted in engineering practice. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.214 Erosion.

“Erosion” shall mean the wearing away, detachment and movement of the ground surface by wind, water, ice and gravity. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.215 Erosion and Sediment Control Manual.

“Erosion and Sediment Control Manual” shall mean a book entitled, “Manual of Standards for Erosion Control Measures,” published by ABAG, 1981, or as revised. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.216 Excavation (CUT).

“Excavation” shall mean any act by which earth material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed, and shall include the conditions resulting therefrom. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.217 Fill.

“Fill” shall mean a deposit of earth material placed by artificial means and shall include the condition resulting therefrom. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.218 Final Erosion and Sediment Control Plan.

“Final Erosion and Sediment Control Plan” shall mean a plan that depicts the erosion control measures designed for a completed project. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.219 Geological Report.

“Geological report” shall mean a report prepared by an engineering geologist, based on a study and investigation of the site by an engineering geologist, including such geological structures and characteristics as fault line, fault creep, and landslide, and shall include recommendations for the execution, testing, and control of all grading operations proposed. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.220 Grade.

“Grade” shall mean the vertical locations of the ground surface.

(a) “Existing or natural grade” shall mean the grade prior to grading.

(b) “Rough grade” shall mean the stage at which the grade approximately conforms to the approved plan.

(c) “Finish grade” shall mean the final grade of the site which conforms to the approved plan. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.221 Grading.

“Grading” shall mean any excavation, stripping, cutting, filling, stockpiling, clearing, or any combination thereof which alters land or vegetation. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.222 Hillside Site.

“Hillside site” shall mean a site having an average slope of fifteen percent (15%) or greater. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.223 Interim Erosion and Sediment Control Plan.

“Interim Erosion and Sediment Control Plan” shall mean a plan that depicts the erosion control measure designed for a project under construction. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.224 Key.

“Key” shall mean a trench or step cut into natural ground to hold fill on an existing slope. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.225 Mulching.

“Mulching” shall mean the application of plant residue or other suitable materials to the land surface to conserve moisture, hold soil in place, and aid in establishing plant cover. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.226 Quarry.

“Quarry” shall mean any premises or site from which any rock, sand, gravel, stone, earth, soil, or mineral is removed or excavated for the purpose of disposition away from the immediate premises, whether such disposition is immediate or in the future; excepting excavation necessary for the construction of a building or structure on the site of the excavation for which valid permits have been issued, and excepting excavation which is all or part of a grading operation to change the contours of the land in conformance with a plan approved by the City for which a grading permit has been issued. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.227 Rainy Season.

“Rainy season” shall mean the period of time between October 15 and the following April 15. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.228 Runoff.

“Runoff” shall mean the surface flow of water, especially the flow following precipitation. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.229 Sedimentation.

“Sedimentation” shall mean the process by which mineral or organic matter is removed from its site or origin, transported, and then deposited by water, wind, or gravity. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.230 Sediment Basin.

“Sediment basin” shall mean a reservoir which retards flow sufficiently to cause or allow deposition of transported sediment. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.231 Site.

“Site” shall mean any lot or parcel of land or contiguous combination thereof under the same ownership where grading is or is to be performed or permitted. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.232 Site Map and Grading Plan (Grading Plan).

“Site Map and Grading Plan (grading plan)” shall mean a plan as required by Section 7-2.304 of this Chapter. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.233 Slope.

“Slope” shall mean an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.234 Soil.

“Soil” shall mean earth material of whatever origin that overlies bedrock. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.235 Soil Engineer.

“Soil engineer” shall mean a civil engineer licensed by the State of California to engage in the practice of civil engineering who is experienced in and is engaged in professional practice in the field of soil mechanics and foundation engineering. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.236 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. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.237 Soils and Geological Reconnaissance Report (Soils Report).

“Soils and Geological Reconnaissance Report (soils report)” shall mean a report as described in Section 7-2.309 of this Chapter. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.238 Stockpile.

“Stockpile” shall mean a supply of earth, rock, gravel, sand, or other similar material temporarily accumulated and stored prior to final disposition. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.239 Terrace.

“Terrace” shall mean a relatively level step constructed in the face of the graded slope surface for drainage and maintenance purposes. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.240 Watercourse.

“Watercourse” shall mean a drainage channel carrying water year round. (Ord. 242 Div. 2 (part), 1986)

Article 3. Permits, Reports, Fees and Bonds.

Sec. 7-2.301 Grading Permit Required.

Except as otherwise provided in Section 7-2.302, no person shall do any grading without first having obtained a grading permit from the Public Works Department including the following:

(a) The excavation or removal of earth or rock from the surface layers of the ground.

(b) The movement or transportation of earth around, along, over, or on the surface of the ground.

(c) The deposition, placement, or compaction of earth materials for the construction of embankments.

(d) The clearing of vegetation preparatory to a grading operation. A separate permit shall be required for each site, unless the sites are contiguous and the entire area is included in the plans accompanying the application. One permit may cover both an excavation and a fill on the same site. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.302 Exception to Permit Requirement.

A grading permit is not required for the following:

(a) An excavation which (1) is less than five (5) feet in depth below natural grade and adequately supported by a retaining structure designed in accordance with the Uniform Building Code, or (2) does not create a cut slope greater than seven (7) feet in height and steeper than two (2) horizontal to one (1) vertical, or (3) does not exceed two hundred (200) cubic yards.

(b) A fill not intended to support structures and which does not obstruct a drainage course or alter existing drainage patterns if (1) such fill is placed on natural grade that has a slope not steeper than five (5) horizontal to one (1) vertical, or (2) is less than three (3) feet in depth at its deepest point, measured vertically upward from natural grade to the surface of the fill, or (3) does not exceed two hundred (200) cubic yards.

(c) Minor land leveling for agricultural farming, if the average ground elevation is not changed more than three (3) feet.

(d) Cemetery graves.

(e) An excavation below finished grade for basements and footing of structures authorized by a valid building permit or trench excavations for the purpose of installing underground utilities, if to be backfilled to natural grade.

(f) Grading in refuse disposal areas and sanitary landfills, mining, quarrying, processing or stockpiling of rock, sand, gravel, aggregate, or clay, for which a permit has been granted by the City Council, provided that such operations do not affect the lateral support or increase the stresses in, or pressure upon, any adjacent or contiguous property and are consistent with the grading practices set forth herein, and where the work does not block or divert any natural drainage way or increase runoff or sedimentation onto any adjacent or contiguous property.

(g) Improvement of watercourses and construction of drainage, irrigation, and domestic water supply systems and facilities performed under the supervision of the Flood Control District, an agency of the Federal or State Government, a water or sanitation district, or an irrigation or reclamation district.

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

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

(j) Excavation for installation of underground storage tanks where the capacity of the tank does not exceed twenty thousand (20,000) gallons.

(k) Grading in an isolated, self-contained area if the City Engineer determines that no danger to private or public property is likely to result from the grading operations.

(l) The structural section of subdivision streets in tracts for which subdivision improvement plans have been reviewed by the Public Works Department and the work is being inspected by that department.

(m) Temporary local borrow pits for road materials and topsoil for landscaping situated within a larger ownership being subdivided into smaller tracts, if the material is being used entirely within the tracts being subdivided, and if the excavation does not endanger properties under other ownerships or create a public nuisance or safety hazard as determined by the City Engineer. The land shall be graded to comply with this Chapter on cessation of excavation within the pit areas.

(n) Temporary stockpiles of topsoil materials required for landscaping lots being graded in the immediate area for building purposes if the stockpiles are not placed within a public right-of-way, do not obstruct drainage ways, are not subject to erosion which will cause silting problems in drainage ways, do not endanger other properties, and do not create a public nuisance or safety hazard, as determined by the City Engineer. The land shall be graded to comply with this Chapter after removal of stockpiles.

(o) Fire trails, and access roads to public utility gas and electric transmission lines.

(p) Clearing vegetation when all of the following conditions are met:

(1) The slope of the ground is ten percent (10%) or less.

(2) The area to be cleared is one (1) acre or less.

(3) No land disturbance within one hundred (100) feet of the centerline of the watercourse or within one hundred (100) feet of the waterline of a water body. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.303 Application for Permit.

(a) An application for a grading permit shall be in writing and filed with the Public Works Department on forms provided for said purpose. The application shall be signed by the owner of the property where the work is to be performed or by his duly authorized agent, provided that an agent’s authority must be shown in writing. The application shall contain the following information:

(1) Description of the site by lot, block and tract designation, and by a street address or similar description sufficient to readily identify it.

(2) The name and address of the owner of the site, the person who is to perform the work, and the soil and civil engineer if such work is to be performed as supervised grading.

(3) The estimated cost of performing the work.

(4) Such other information as may be required by the City Engineer.

(b) Each application shall be accompanied by four (4) sets of plans, specifications and calculations that meet the requirements set forth in Section 7-2.304.

(c) Each application shall include a promise signed by the owner, or his authorized agent, that a civil engineer, soil engineer and/or engineering geologist will be employed to give technical supervision or make inspections of the work, whenever approval of the plans and issuance of the permit is based upon the condition that such professional person be so employed. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.304 Plans and Specifications.

Except as waived by the City Engineer for small and unimportant work, the plans shall be prepared and signed by a civil engineer and the plans and specifications shall contain the following:

(a) A vicinity sketch or other means of adequately indicating the site location.

(b) Boundary lines of the site.

(c) Each lot or parcel of land into which the site is proposed to be divided.

(d) The location of any existing buildings or structures on the property where the work is to be performed, and the location of any buildings or structures on adjacent land which may be affected by the proposed work.

(e) Accurate contours showing the topography of the existing ground.

(f) All of the proposed uses of the site, and if the site is to be divided, the proposed use of each lot or parcel of land.

(g) Elevations, location, extent and slope of all proposed grading shown by contours, cross-sections or other means and location of any rock disposal areas, buttress fills or other special features to be included in the work.

(h) Detailed plans of all drainage systems and facilities, walls, cribbing, or other erosion protection devices to be constructed in connection with, or as a part of the proposed work, together with a map showing the drainage area and estimated runoff of the area served by any drainage systems of facilities.

(i) A Final Erosion and Sediment Control Plan or an Interim Erosion and Sediment Control Plan, if approved by the City Engineer.

(j) The extent and manner of the cutting of trees and the clearing of vegetation, the disposal of same, and the measures to be taken for the protection of undisturbed trees and vegetation, unless this information is shown on an erosion and sediment control plan.

(k) The grading plan must be signed by a registered civil engineer and must be prepared under his direction.

(l) An estimate of the cost of accomplishing the work described and delineated on the grading plan and the permit must be submitted in a form which is acceptable to the City Engineer.

(m) A statement of the quantities of material to be excavated and/or filled and the amount of such material to be imported to, or exported from the site.

(n) A statement of the estimated starting and completion dates for work covered by the permit.

(o) Routes of travel to be used.

(p) Hours and days of work.

(q) Such other information as the City Engineer deems necessary to show conformance of the proposed grading with the requirements of this Chapter and other related ordinances. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.305 Erosion and Sediment Control Plan.

(a) A Final Erosion and Sediment Control Plan, prepared by a registered civil engineer, shall be submitted unless all of the following conditions are met:

(1) The area of land disturbed is less than one-half (1/2) acre.

(2) Natural and finished slopes are less than ten percent (10%).

(3) Volume of the grading operation is less than two hundred (200) cubic yards.

(4) The storage of any soil is less than one hundred fifty (150) cubic yards.

(5) The grading operation is not within one hundred (100) feet of the centerline of any watercourse, within one hundred (100) feet of the waterline of any water body or the Bay (high tide).

(6) The proposed grading does not pose a threat to adjacent or downstream properties as determined by the City Engineer.

(7) The proposed grading does not obstruct drainage channels.

(8) The proposed grading is deemed to have no significant environmental impact as determined pursuant to the provisions of the California Environmental Quality Act, as amended, and the regulations promulgated by the California Resources Agency and the Hercules City Council to implement said Act.

(b) The Final Erosion and Sediment Control Plan must effectively minimize soil erosion and sedimentation from the completed project site and must also provide for the control of runoff from the site.

(c) The Final and Interim Erosion and Sediment Control Plans shall contain the following information:

(1) A description and delineation of the vegetative measures to be taken to minimize erosion and sedimentation.

(2) A description and delineation of the temporary and permanent measures to be taken to protect manufactured or disturbed slopes from erosion by mechanical means such as with mulches, diversion dikes, etc.

(3) The delineation of the drainage control measures to be taken which shall include surface runoff and sediment yield calculations.

(4) The extent and manner of the cutting of trees and the clearing of vegetation, the disposal of same, and the measures to be taken for the protection of undisturbed trees and vegetation.

(5) The methods to be used for the disposal of excess materials.

(6) The methods to be used for the control of dust.

(7) A description and delineation of the temporary and permanent measures to be taken to retain sediment on the site.

(8) A description of the measures to be taken to maintain the devices shown on the plan during grading operations and construction on the site.

(9) The extent of disturbed ground that will exist, what streets will be paved, and what drainage devices will be installed prior to the start of each rainy season.

(10) Any other information required by the City Engineer.

(11) Schedule for installation and maintenance of erosion and sediment control measures.

(d) The Final Erosion and Sedimentation Control Plan is to be prepared in accordance with the “Manual of Standards for Erosion and Sediment Control Measures” by ABAG and dated June 1981, for both temporary and permanent erosion control measures. This plan shall be prepared by a registered civil engineer. The Erosion and Sediment Control Plan shall include the names and telephone numbers of twenty-four (24) hour standby work crews that will always be available for repairs during October 15 to April 15.

(e) Minor work such as trenching or maintenance which meets the intent of the aforementioned “Manual of Standards for Erosion and Sediment Control Measures” may be excluded from the requirement of preparing the Erosion and Sediment Control Plan providing that the owner, contractor, or developer first obtains the written approval from the City Engineer.

(f) An Interim Erosion and Sediment Control Plan is required prior to each rainy season during construction for a staged project for which a Final Erosion and Sediment Control Plan is required by this Chapter. The City will determine by July 15 if an interim plan will be necessary and on what stage of project completion the plan shall be based.

(g) An estimate of the cost of accomplishing the work described and delineated on the Final and Interim Erosion and Sediment Control Plans and the permit must be submitted in a form which is acceptable to the City Engineer.

This plan when required is considered an integral part of the project grading plan, and fees for plan check and inspection shall be paid as set forth in Section 7-2.311.

(h) The applicant shall submit tentative start and completion grading dates with the grading permit application. Prior to issuance of grading permit, the grading contractor shall review the proposed start and completion dates and supply the City with a schedule including a breakdown of equipment and personnel that will be used to complete the job within the time frame submitted. The City Engineer shall evaluate the scope of work shown in the grading plans and the schedule, including equipment, to determine whether a Erosion and Sediment Control Plan shall be prepared as part of the submittal for a permit. Issuance of permits for grading to be performed during the following periods will require the following:

(1) April 15th to August 15th. If grading is initiated during this period and can be completed before October 15th, no Interim Erosion and Sediment Control Plan needs to be submitted with the application. On or before July 15, the City shall evaluate all projects for compliance with a completion date of October 15th. If the City Engineer determines that the project cannot be completed by October 15th, the applicant shall prepare an Erosion and Sediment Control Plan to be submitted by August 15th.

(2) August 15th to October 15th. The City Engineer shall determine if the grading can be completed during this period based on the grading plans and submission of schedule including equipment. If it is determined that the project cannot be completed, the applicant shall prepare as part of the grading plan application an Erosion and Sediment Control Plan. The grading plan shall be designed so the Erosion and Sediment Control Plan is implemented incrementally in order that all protection is in place by October 15th.

(3) October 15th to April 15th. During this period, all grading plans submitted for permits which cannot be exempted under subsection (a) of this Section shall submit an Erosion and Sediment Control Plan as part of their grading plan.

(i) Rainy Season Work.

(1) For commencement of land-disturbing or filling activity during the rainy season, applicant shall demonstrate that land disturbance is relatively minor and that erosion and sedimentation can be controlled.

(2) For continuation of land-disturbing or filling activities, other than installation, maintenance or repair of measures in the Interim or Final Plans, during the rainy season, permittee must apply for and receive, every five (5) working days, special permission to proceed.

(3) The Public Works Official shall grant permission under this Section on the basis of weather forecasts, experience and other pertinent factors which indicate the activity may commence or continue without excessive erosion occurring.

(4) Applicant/permittee’s failure to obtain permission for rainy season activity shall result in the imposition of suspension/revocation, and action against the security or criminal penalties.

(5) Based on the scope of the project, its geographic setting and potential for damaging public or private property, it shall be at the sole discretion of the City Engineer to issue a grading permit during this period. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.306 Erosion and Sediment Control Inspection.

(a) Site Observation. Between April 15th and October 15th, an inspector shall visit the site daily. A log will be kept indicating the time of inspection, and relevant comments on progress and site conditions. From October 15th to April 15th during non-storm periods, an inspector shall visit the site once a day, logging in time of inspection, site conditions, and adequacy of the erosion-control facilities. During storm periods, an inspector shall visit the site twice per day and shall be accompanied by the contractor’s superintendent and shall check as a minimum the following items:

(1) V-Ditches will be checked for proper operation (i.e., flow, silt build-up, deterioration of banks).

(2) Straw bales will be checked for silt build-up and bales removed or replaced as necessary.

(3) Sand bags will be checked for damage and silt plugged bags replaced as needed.

(4) Detention/retention basins will be checked and silt removed periodically as determined necessary.

(5) Overflow spillways will be checked for proper operation.

(6) Filter fabric will be checked; plugged and damaged fabric to be replaced as necessary.

(b) The time of inspection, notation, of personnel visiting the site, condition of the site and adequacy of the erosion control facilities shall be logged.

(c) If corrections need to be made to protect the site, the items of work and time schedule to perform the work by the contractor shall also be noted. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.307 Erosion Control.

(a) The Erosion and Sediment Control Handbook shall be used as a guide for the design and suitability of erosion and sediment control measures.

(b) The faces of cut and fill slopes must be protected against damage by erosion and the methods utilized for each protection must offer effective erosion control prior to the beginning of, as well as during, the rainy season.

(c) Where graded slopes are steeper than three (3) feet horizontal to one (1) foot vertical or are higher than ten (10) feet, they shall be protected with a temporary soil stabilization measure such as jute matting or an equivalent mulch until planting is established.

(d) The surface of all cut slopes higher than five (5) feet and all fill slopes higher than three (3) feet must be permanently protected against damage by erosion by the planting and establishment of protective vegetation.

(e) Slopes higher than fifteen (15) feet shall be planted with one shrub per one hundred (100) square feet of slope and one (1) tree per four hundred (400) square feet of slope. Geometric spacing should be avoided; massing of trees is encouraged. Size and species of plant material shall be subject to review.

(f) 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.

(g) 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 as determined by the City Engineer or until the maintenance is officially assumed by another party approved by the City Engineer.

(h) Sediment control facilities must be constructed and in working order prior to the beginning of the rainy season and must prevent sediment from being transported from the site.

(i) The outlet from any sedimentation basin must be designed to handle 1.5 times the maximum design inflow.

(j) A standby emergency crew must be provided by the permittee and must be available at all times during the rainy season to repair and maintain the erosion and sediment control devices.

(k) Erosion control materials must be stockpiled on the site for emergency repairs during the rainy season.

(l) Minor protective devices that have been removed during the working day shall be replaced at the end of the working day if the chance of rain is greater than forty percent (40%).

(m) After each rainfall, the permittee shall inspect all erosion and sediment control devices and shall clean them and repair any damage.

(n) Erosion control devices must be installed where drainage facilities discharge into natural channels. The devices may be rip-rap or concrete channel protection, stilling basins, check dams, drop structures or other devices which will effectively minimize erosion in the opinion of the City Engineer. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.308 Geological Report.

The City Engineer may require an engineering geologist’s investigation and report based on the most recent plan. The engineering geological report shall include an adequate description of the geology of the site and conclusions and recommendations regarding the effect of geologic conditions on the proposed development. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.309 Soil Report.

The City Engineer may require a soil investigation and report based on the most recent plan. Such report shall be prepared by a soil engineer based upon adequate test borings or excavations. The report shall indicate the presence of critically expansive soils or other soils problems, which if not corrected would lead to defects in structures, buildings or other improvements; and when it so indicates, it shall further report on an investigation of each lot of the development including recommended corrective action which is likely to prevent such defects or damage to each building, structure or improvement to be constructed. It shall contain

(1) reports on the suitability of the earth material for construction of stable embankments and excavation slopes, including those necessary for any artificial or natural drainage channels;

(2) recommendations for construction procedures to obtain required stability;

(3) maximum design velocities for any natural or artificial drainage channel; and (4) any other recommendations concerning slides, unstable soil condition, springs and seepage conditions, or drainage facilities to enable proper development of the site. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.310 Review of Reports.

All reports shall be subject to review by the City Engineer. Supplemental reports and data may be required as he may deem necessary. Recommendations included in the reports and approved by the City Engineer shall be incorporated in the development plan or specifications. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.311 Fees.

There shall be paid to the City Engineer fees as established by resolution of the City Council. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.312 Refunds.

(a) Filing fees, permit transfer fees, penalty fees and site investigation fees shall not be refunded.

(b) In cases of a reduction of planned work the approval of an amended permit therefor by the City Engineer and satisfactory completion of the work covered by the permit, the permittee may apply to the City Engineer within thirty (30) days after issuance of the certificate of completion for a refund of a portion of the permit fee based on the revised cost of the work in the amended permit. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.313 Bonds.

(a) Bond Required. If the City Engineer determines that the nature of the proposed work is such that, if left incomplete, it will interfere with any natural or artificial drainage, or will endanger persons or public or private property, or will constitute a nuisance or if he determines that the proposed work involves the removal or deposition of more than two hundred (200) cubic yards of material, the applicant of grading permit shall post with the City Engineer a bond executed by the applicant and secured, at the option of applicant, by (1) a corporate surety bond executed by a surety company authorized to do business in this State, or (2) by deposit with the City of Hercules of cash money or its equivalent, or (3) by deposit with the City of Hercules of an instrument of credit from a financial institution subject to regulation by the State of California or the Federal government pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment upon demand and agreeing that the funds designated by the instrument shall be trust funds for the purposes set forth in the instrument. The form of the bond and the security shall be subject to approval by the City Engineer and the City Attorney.

(b) Amount of Bond. The amount of the bond shall be based upon the number of cubic yards of material in either excavation or fill, whichever is greater, plus the cost of all drainage or other protective devices or work necessary to eliminate geological hazards or to protect persons or public or private property. That portion of the bond valuation based on the volume of material in either excavation or fill shall be computed as set forth in the following table:

10,000 cubic yards or less	100 percent of the estimated cost of grading work
Over 10,000 cubic yards	100 percent of the cost of the first 10,000 cubic yards, plus 50 percent of the cost of that portion in excess of 10,000 cubic yards

When the rough grading has been completed in conformance with the requirements of this Chapter, the City Engineer may at his discretion consent to a proportionate reduction of the bond to an amount estimated to be adequate to insure completion of the grading work, site development, or planting remaining to be performed. The costs referred to in this Section shall be as estimated by the City Engineer.

(c) Conditions of Bond. Among other appropriate provisions, every bond shall include the following conditions to which the principal and surety shall each be bound:

(1) To comply with all of the provisions of this Chapter and all other applicable laws, ordinances, rules, and regulations.

(2) To comply with all of the terms and conditions of the permit for excavation or fill to the satisfaction of the City Engineer.

(3) To complete the work contemplated under the permit within the time limit specified in the permit. (The City Engineer may, for sufficient cause, extend the time specified in the permit, but no such extension shall release the surety upon the bond.)

(4) To pay all reasonable costs incurred or expended by the City of Hercules, including but not limited to court costs and attorney’s fees, in doing or causing to be done any of the work set forth in the permit, any other work which in the judgment of the City Engineer is required to be done as a result of any work or activity done under the permit, or any abatement of any nuisance created by any work or activity done under the permit, or in collecting money or damages in connection with any of the foregoing.

(d) Term of Bond. The term of the bond shall begin on the date of its posting and shall end on the satisfactory completion of the terms and conditions of the permit. Completion shall be evidenced by a certificate of completion to be issued by the City Engineer and filed with the records of the permit. A copy of the certificate shall be furnished to any interested party upon request.

(e) Notice of Default. Whenever the City Engineer finds that a default has occurred in the performance of any term or condition of any permit, he shall give written notice thereof separately to the permit holder and to his surety. Said notice shall state the work or other things necessary to be done in order to cure said default, its estimated cost, if known, and the period of time deemed reasonably necessary by the City Engineer to complete said work, and to do such other things which are necessary to be done in order to cure said default. Said notice shall be served personally or by deposit in the United States mail in a sealed envelope, with postage fully prepaid, addressed to the permit holder and to his surety at the mailing address, or, if there is no mailing address, the business address, shown in the application or in the bond, as the case may be.

(f) Duty of Surety. Upon service of the notice of default, the surety shall be obligated to have the work and other things done within the time specified in the notice.

(g) Disposition of Cash Security. If cash money or its equivalent or an instrument of credit has been deposited to secure the bond, and if notice of default has been served upon the permit holder and he has failed to do the work and other things required to be done by the notice within the time specified in the notice, the City Engineer may use such deposit in order to have such work and other things done, by contract or other means in the discretion of the City Engineer. The balance, if any, shall be returned to the depositor after completion of the work and other things.

(h) Right of Entry. In the event of any default in the performance of any term or condition of the permit, the surety, if any, or any person employed or engaged on its behalf, or the City Engineer or any person employed or engaged on his behalf, shall have the right to go upon the premises to complete the work and do other things required by the permit. It shall be unlawful for any person in any way to hinder, obstruct, or prevent such entry.

(i) Erosion and Sediment Control Surety. If a grading permit requires the preparation of an Erosion and Sediment Control Plan, the applicant shall secure the performance of the work described and delineated in the plan as follows:

(1) The City Engineer shall review the Erosion and Sediment Control Plan and estimate to determine the bond amount to cover the Erosion and Sediment Control Plan. If the approved engineer’s estimate of cost of the Erosion and Sediment Control Plan is less than Five Thousand Dollars ($5,000), a cash bond in that amount is to be provided to the City. If the approved engineer’s estimate of cost of construction of the Erosion and Sediment Control Plan is more than Five Thousand Dollars ($5,000), then a cash bond of at least Five Thousand Dollars ($5,000) shall be posted with the City to cover the work outlined in the Erosion and Sediment Control Plan. After reviewing the grading plans and the Erosion and Sediment Control Plan, the City Engineer shall determine the final amount of the cash bond.

(2) When a cash bond amount has been determined, the differences between the cash bond and the total bond shall be provided by the City in the form of bonds or other surety acceptable to the City Attorney. As part of the Erosion and Sediment Control Plan, the applicant shall submit a time schedule outlining specific dates when each element of the plan is proposed to be completed. After the schedule has been agreed to by both the City and the applicant, this schedule shall be the triggering mechanism for the City performing the work in lieu of the applicant’s contractor. If the contractor has not or cannot install the Erosion and Sediment Control Plan items by scheduled dates, the City, at its option, can install the items necessary to protect the project site and other property. Such items of work shall be paid for from the applicant’s cash deposit. In addition, any items of Erosion and Sediment Control Plan work that have been installed and are not being adequately maintained to protect the site as determined by the City Engineer shall be remedied, and any associated cost shall be paid for from the applicant’s cash bond. During storm periods, if the applicant’s contractor cannot be contacted or cannot perform required work needed to protect the site as determined by City Staff, the City shall cause the work to be performed and any associated costs shall be paid from the applicant’s cash bond.

(3) In accepting the grading permit, the applicant acknowledges the right of the City or its representative to come on to the applicant’s property to perform any or all needed work, as previously outlined in this Section.

(4) Notice of Default. Whenever the City Engineer finds that a default has occurred in the performance of any term or condition of any permit, he shall give written notice thereof separately to the permit holder and to his surety. Said notice shall state the work or other things necessary to be done in order to cure said default, its estimated cost, if known, and the period of time deemed reasonably necessary by the City Engineer to complete said work, and to do such other things which are necessary to be done in order to cure said default. Said notice shall be served personally or by deposit in the United States mail in a sealed envelope, with postage fully prepaid, addressed to the permit holder and to his surety at the mailing address, or, if there is no mailing address, the business address, shown in the application or in the bond, as the case may be.

(5) If any part of the cash bond needs to be expended by the City to undertake work items outlined in Subsection (2), the associated grading permit is automatically terminated. The applicant shall submit a new grading permit application, a new grading plan with an Erosion and Sediment Control Plan acceptable to the City Engineer and provide the appropriate bonds and fees required by the City. There is no guarantee that a new permit will be issued.

(6) When all grading as shown in the approved grading plans has been completed, and all items of work in the Erosion and Sediment Control Plan have been installed to the satisfaction of the City, the applicant may request exoneration of grading and Erosion and Sediment Control Plan bonds. The City shall review all requests for exoneration of grading bonds, but Erosion and Sediment Control Plan bonds shall not be considered for exoneration until the site has weathered a storm season from October 15th to April 15th with Erosion and Sediment Control Plan elements in place. The City Engineer can, if requested, make a determination on minor grading projects, if the Erosion and Sediment Control Plan bonds need to be held through a storm season. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.314 Issuance or Denial of Permit.

(a) Issuance. Upon receiving an application for a grading permit, together with all of the things required by Sections 7-2.303 through 7-2.307, inclusive, the deposit of fees as required by Section 7-2.311, and the posting of a bond as required by Section 7-2.313, the City Engineer shall examine the application and things accompanying same, and, if satisfied that the application meets all requirements of this Chapter and of other applicable laws, ordinances, rules, and regulations, he shall issue the permit. The review of the application for a permit shall take into consideration, but shall not be limited to the following criteria:

(1) The grading is not excessive beyond that necessary for the permitted use of the site.

(2) The slopes can be effectively protected against erosion and slippage.

(3) The finished contours are relatively natural and do not distort the natural contours.

(4) Hillside sites are suitable for development in the manner proposed.

(5) The removal of natural vegetation is not excessive and that it is done in a manner which will minimize erosion. The permit shall be issued only to the owner or his agent. The permit shall be deposited securely in a conspicuous location of the site.

(b) Grounds for Denial.

(1) Hazardous Grading. The City Engineer shall not issue a permit in any case where he finds that the work as proposed by the applicant is liable to endanger any private property through grading or the removal of vegetation, or result in the deposition of debris on any public way or interfere with any existing drainage course or alter water quality. If it can be shown to the satisfaction of the City Engineer that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, or drainage devices, or by other means, the City Engineer may issue the permit with the condition that such work be performed.

(2) Geological or Flood Hazard. If, in the opinion of the City Engineer, the land area for which grading is proposed is subject to geological or flood hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property, the grading permit shall be denied.

(3) Land Use. The City Engineer shall not issue a grading permit for work that will not comply with all provisions of Chapters 1 and 2 of Title 10 of this Code and any conditions imposed by the City Council on approval of the use.

(4) Existing Building Code or Zoning Ordinance Violations. The City Engineer shall not issue a grading permit if any building code or zoning ordinance violations exist on the site. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.315 Limitations of Permit.

(a) General. The issuance of a permit under this Chapter shall constitute an authorization to do only that work which is described or illustrated on the application for the permit or on the site plans and specifications approved by the City Engineer.

(b) Compliance with Plans and Requirements. All permits issued hereunder shall be presumed to include the provision that the applicant and his agents, contractors and employees shall carry out the proposed work in accordance with the approved plans and specifications and in compliance with all the requirements of this Chapter.

(c) Time Limits. The permittee shall fully perform and complete all of the work required to be done pursuant to the grading permit within the time limit specified. If no limit is specified, the permittee shall complete the work within one hundred eighty (180) days after the date of the issuance of the grading permit. If the permittee is unable to complete the work within the specified time, he shall, prior to the expiration of the permit, present in writing to the City Engineer a request for an extension of time, setting forth the reasons for the requested extension. If, in the opinion of the City Engineer, such an extension is warranted, he may grant additional time for the completion of the work. 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. 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.

(d) Liability and Hold Harmless. Neither the issuance of a permit under the provisions of this Chapter, nor the compliance with the provisions thereof or with any conditions imposed in the permit issued hereunder, shall relieve any person from responsibility for damage to other persons or property nor impose any liability upon the City for damage to other persons or property. The permittee shall execute a hold harmless clause on the permit which shall read as follows:

The permittee, for himself, his contractors, and employees, agrees to save, indemnify, defend, and hold harmless the City of Hercules and its officers, employees, and agents from all liabilities and claims for damages by reason of injury or death to any person or persons or damage to property from any cause whatsoever while in, upon, or in any way connected with the work covered by this grading permit.

(e) Jurisdiction of Other Agencies. Permits issued under the requirements of this Chapter shall not relieve the owner of any requirement or responsibility for fully conforming to any other requirement for the work to be done, including but not limited to securing permits and licenses established by any law, ordinance, rule, or regulation of the City of Hercules, or officer or employee thereof, or of any other public agency having jurisdiction over such work. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.316 Conditions of Permit.

In granting any permit under this Chapter, the City Engineer and/or the Planning Director shall impose such conditions thereon as are reasonably necessary to prevent the proposed operations from being conducted in such a manner as to constitute or create a nuisance or a hazard to life or property. Such conditions may include, but shall not be limited to:

(a) Improvement of any existing grading to bring it up to the standards of this Chapter.

(b) Requirements for fencing of excavations or fills which otherwise would be hazardous.

(c) Screen planting, landscaping or other treatment to maintain good appearance of graded area and reduce the detrimental impact on adjacent properties or the community.

(d) Completion of the work within a period approved by the City Engineer.

(e) Cleaning up the area and planting in accordance with approved plan.

(f) Designation of the area in which work may be done.

(g) Designation of the slope or the grade and elevation of excavation for fill.

(h) Reasonable provisions for controlling excessive dust.

(i) Normal hours of operation established by the City or as modified in the permit.

(j) Safety precautions to guide pedestrian and vehicular traffic in, around, and by the operation.

(k) Posting of good and sufficient bond to assure compliance with the conditions.

(l) The route and time of travel over public streets so as to cause the least interference with general traffic and to cause the least damage to public streets.

(m) The removal of rock, earth, or other material that may be deposited on public streets by reason of said grading operations.

(n) The payment to the City of the cost of repairing damage to public streets caused by trucking operations in connection with said grading operations.

(o) The installation of suitable fencing, barricades, and lighting surrounding the grading operations.

(p) Other conditions deemed necessary by the City Engineer and based on accepted engineering practices.

(q) The work must be in conformance with the approved Interim and Final Erosion and Sediment Control Plan.

(r) The details of the work to be done shall be as delineated on the approved plans and as noted on the permit.

(s) A survey by a licensed land surveyor or registered civil engineer delineating the boundary lines of the site must be submitted.

(t) An inspector working under the supervision of a registered civil engineer must be on the site during grading operations.

(u) The disposal site for any material removed from the grading site must be approved by the City Engineer.

(v) The extent of unprotected slopes allowed at any one time and the time said slopes are allowed to remain unprotected shall be as required by this Chapter unless noted otherwise on the permit. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.317 Job Plans.

When an application is approved and a permit issued, one set of plans and accompanying documents shall be clearly marked as reviewed and shall be returned to the applicant. This set shall be kept available for reference at the job site during grading and construction. The applicant may furnish additional sets of plans and documents for notation as reviewed for return to the applicant for his use. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.318 Amendment of Permit.

(a) All changes in the plans, grades, or extent of work shall be submitted to the City Engineer for written approval and incorporated into the permit, accompanied by any necessary fees, before any change in the approved work is begun. The City Engineer may amend the permit to approve altered plans, or may deny approval of the changes.

(b) Failure to obtain prior approval for any change in the work shall be cause for the City Engineer to order suspension of all work until approval is obtained, and may result in revocation of the permit if he deems the changes will increase the hazard to adjoining properties or public roads, or otherwise be detrimental to public welfare. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.319 Transfer of Permit.

(a) Any transfer of a permit from the permittee to another person shall be ineffective and void unless approved by the City Engineer.

(b) The transferee shall agree to comply with the requirements and conditions of the original permit and to any modification thereof that may be required because of changes in the condition of the site or change in plans since the permit was issued. The transferee shall furnish the required sureties before the transfer of the permit will be approved. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.320 Suspension and Revocation of Permit.

(a) Grounds. A permit may be either suspended or revoked if the City Engineer finds that:

(1) Conditions at the site vary appreciably from those shown and stated in the application and development plans;

(2) Grading or construction does not conform to the approved plans, grades, Interim or Final Erosion and Sediment Control Plan, or other conditions of the permit;

(3) Cessation of work before completion has left the site in a condition hazardous to the public or to the adjacent properties, and the permittee has not complied with reasonable requirements for completion of the work within the time specified in the permit or an approved extension of time;

(4) The permittee does not comply with reasonable requirements to safeguard the workmen, the public, or other persons acting in a lawful manner, during grading or construction operations;

(5) In transporting materials or in the operation of equipment the applicant causes materials or litter to encroach, obstruct, or be deposited on pavement or in drainage channels within the public right-of-way, or causes unauthorized obstruction or diversion of drainage channels within the site area;

(6) Failure to have a qualified inspector working under the soil engineer on the site during grading or construction, when required, or failure to have the work under proper supervision at all times; or

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

(b) Procedure. Upon his determination that one or more of the grounds specified above for revocation or suspension of a grading permit exist, the City Engineer may fix a time and place for a hearing on revocation or suspension and shall give written notice thereof separately to the permit holder and to his surety, if any, stating in general terms the grounds for revocation or suspension. Said notice shall be given at least five (5) days before the hearing, and it shall be served personally or by deposit in the United States mail in a sealed envelope, with postage fully prepaid, addressed to the permit holder and to his surety at the mailing address, or, if there is no mailing address, the business address, as shown in the application or in the bond, as the case may be.

Within thirty (30) days of the conclusion of the hearing the City Engineer shall make his findings and decision and file same in his office and shall serve a copy thereof separately upon the permit holder and his surety, if any, in the manner provided above for service of notice of hearing. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.321 Notice to Cease Work.

(a) Upon notification from the City Engineer of the suspension of the permit, the permittee shall cease all work in connection with the permit with the exception of the work necessary to correct the objectionable or emergency conditions which caused the suspension of the permit. The permittee shall then proceed at once to correct said objectionable or emergency conditions.

(b) 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.

(c) Any permit which has been suspended may be either reinstated or revoked by the City Engineer.

(d) Whenever a permit has been revoked, work shall not commence until a new application has been filed and approved incorporating the necessary revisions required to fulfill the intent of this Chapter, and a new permit has been issued. (Ord. 242 Div. 2 (part), 1986)

Article 4. Control of Work.

Sec. 7-2.401 City Inspection.

The City Engineer and other unauthorized City representatives shall have the right to enter the site at all times and to inspect its condition and the methods of operation and to check or test any feature or operation involved in fulfilling the conditions of the permit. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.402 Supervised or Regular Development Work.

All work involving a fill intended to support structures, or grading where the City Engineer determines special conditions or unusual construction hazards exist, shall be performed under the inspection of a civil engineer and/or soil engineer and shall be designated “supervised development work.” Work other than supervised development work shall be designated “regular development work.” (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.403 Inspection of Regular Development Work.

(a) For regular development work the City Engineer or his designated representative, upon notification from the permittee or his agent, shall inspect the work at the following stages of the work and shall either approve the portion then completed or shall notify the permittee or his agent wherein it fails to comply with the requirements of this Chapter:

(1) Initial. When the site has been cleared of vegetation and unapproved fill and has been scarified, benched or otherwise prepared and before any fill is placed.

(2) Rough. When rough grading has been completed and approximate final elevations have been established; drainage terraces, swales and other drainage devices graded ready for paving; and berms installed at the top of slopes.

(3) Final. When work has been completed, all drainage devices, systems and facilities installed and slope planting established.

(b) In addition to the inspections specified above, the City Engineer may (1) make such other inspections as he deems necessary to determine that the work is being performed in compliance with the requirements of this Chapter, and (2) require investigations and reports by a soil engineer and/or engineering geologist. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.404 Inspection and Reports for Supervised Development Work.

The following inspections and reports shall be required for supervised development work:

(a) It shall be the responsibility of the soil engineer and/or civil engineer to inspect the operations and provide qualified full-time inspection to assure compliance of the work with the approved development plans and with the requirements by the City Engineer and shall certify in writing to the satisfactory completion of each stage of the work specified in Section 7-2.403.

(b) The soil engineer shall submit compaction data and soil engineering recommendations made during the development operation to the City Engineer.

(c) The civil engineer shall submit inspection reports regarding drainage facilities, lot drainage and finish grades to the City Engineer.

(d) The engineering geologist shall submit inspection reports regarding geological conditions to the City Engineer. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.405 Notification of Non-Compliance.

If the soil or civil engineer finds that the work is not in conformance with this Chapter or with the plans approved by the City Engineer, or with good accepted practices, he shall immediately notify the permittee and the City Engineer in writing of the non-conformity and of the corrective measures to be taken. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.406 Termination of Services.

If the civil engineer or the soil engineer or the geologist is relieved of or otherwise terminates his duties prior to completion of the work shown on the grading plan, he shall report the fact in writing to the City Engineer within forty-eight (48) hours with a report on the status of the work. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.407 Compliance with Laws.

In addition to the requirements of the permit, the permittee shall comply with all laws, ordinances, and regulations of the State Department of Industrial Relations, relating to the character of the work, equipment, and labor personnel involved in the project. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.408 Cessation of Work.

If the applicant ceases work for any reason before the work is completed, he shall take all necessary steps to leave the premises in a condition that will be safe and will not cause damage to adjoining properties or to the public roads or to any natural or artificial drainage facilities through erosion of materials, landslides, or other instability of slopes and materials. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.409 Certificate of Completion.

The City Engineer shall issue a certificate of completion upon satisfactory completion of work under an approved permit. (Ord. 242 Div. 2 (part), 1986)

Article 5. Safety and General Requirements.

Sec. 7-2.501 General Safety Precautions.

(a) Adequate provisions shall be made to prevent any surface waters from damaging the cut face of an excavation or sloping surface of a fill. Retaining walls or cribbing constructed in accordance with the requirements of the City Engineer shall be used wherever necessary to prevent the surface of any excavation or fill from exceeding at any point the maximum allowable slopes set forth herein.

(b) All draining provisions shall be of such design as to carry surface waters to the nearest practical storm drain, natural watercourse, or street approved by the City Engineer as a safe place to deposit and receive such waters. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.502 Storm Damage Precautions.

All persons performing any grading operations shall put into effect all safety precautions which are necessary in the opinion of the City Engineer and shall remove all loose dirt from the grading site and provide adequate anti-erosion and/ or drainage devices, debris basins, or other safety devices to protect the life, limb, health, and welfare of private and public property of others from damage of any kind. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.503 Protection of Utilities.

During grading operations the permittee shall be responsible for the prevention of damage to any public utilities or services. This responsibility applies within the limits of grading and along any routes of travel of equipment. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.504 Protection of Adjacent Property.

(a) No excavation shall be made sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public property or any adjoining private property without supporting and protecting such adjoining public or private property from settling, cracking or other damage in a manner approved by the City Engineer.

(b) No person shall grade, whether or not a permit is required therefor under this Chapter, so that dirt, soil, rock, debris, or other material washed, eroded, or moved from the property by natural or artificial means creates a public nuisance or hazard, or an unlawful encroachment on other property or on a public road or street. Any such matter deposited within the right-of-way or a public road or street which may constitute a nuisance or hazard to public traffic shall be removed immediately, and failure to do so on notice from the City authorizes the City to have the matter removed at the expense of the responsible party and/or permit holder.

(c) Whenever any portion of the work requires entry onto adjacent property for any reason, the permit applicant shall obtain the written consent of the adjacent property owner or his authorized representative, and shall file a copy of said consent with the City Engineer before a permit for such work may be issued. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.505 Removal of Ground Cover.

See Section 7-2.305 for requirements of removal of ground cover. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.506 Water Obstruction.

No person shall obstruct, impede or interfere with the natural flow of storm waters, whether unconfined upon the surface of the land, within land depressions or natural drainage ways, within unimproved channels or watercourses, or within improved ditches, channels or conduits, except for construction operations permitted by the City. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.507 Levees.

No person shall do any grading work on any levee without approval of the governmental agency responsible for the maintenance of the levee. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.508 Public Rights-of-way.

No person shall perform any work or construct any facility (including excavation or embankment, trenching, driveway construction, or drainage facility) within the right-of-way of a public road or street, or within an easement under the jurisdiction of this City, without a permit from the City. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.509 Precautions Imposed by City Engineer.

If, at any stage of grading, the City Engineer determines by inspection that the nature of the formation is such that further work as authorized by an existing permit is likely to endanger any property or public way, the City Engineer may require as a condition to allowing the work to be continued that such reasonable safety precautions be taken as the City Engineer considers advisable to avoid such danger. “Safety precautions” may include but shall not be limited to specifying a flatter exposed slope, construction of additional drainage facilities, berms, terracing, compaction, cribbing, or retaining walls, or planting of slopes. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.510 Abatement of Hazardous Conditions.

Whenever the City Engineer determines that any existing excavation or embankment or fill 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 Chapter. (Ord. 242 Div. 2 (part), 1986)

Article 6. Design Standards and Grading Regulations.

Sec. 7-2.601 General Intent.

It is the general intent of the regulations of this Article that site development design shall preserve to the extent that is reasonable and feasible the existing natural scenic value of hills and valleys and contours of land. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.602 Criteria for Design.

All site development work, whether or not a permit is required under this Chapter, shall be designed to:

(a) Retain trees and other native vegetation which stabilizes steep hillsides, retains moisture, prevents erosion, and enhances the natural scenic beauty, insofar as practical.

(b) Place building pads in such a manner as to permit ample room for adequate landscaping and drainage between and around the buildings.

(c) Minimize scars from cuts and fills and avoid permanent scarring of the hillsides.

(d) Round off, in a natural manner, sharp angles at the top and toe of cut and fill slopes, and conform to existing terrain, both with respect to building sites and to road cross sections.

(e) Limit development on steep or dangerous terrain.

(f) Take into consideration geologic hazards and adverse soil conditions and their effect on the future stability of the development. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.603 Regulations for Excavations.

(a) Maximum Slope. Cuts shall not be steeper in slope than two (2) horizontal to one (1) vertical unless the owner furnishes a soil or a geological report certifying that the site has been investigated and indicating that the proposed deviation will not endanger any public or private property or result in the deposition of debris on any public way or place or interfere with any existing drainage course.

The City Engineer may require the excavation to be made with a cut face flatter in slope than two (2) horizontal to one (1) vertical if he finds it necessary for stability and safety.

(b) Drainage Terraces. Cut slopes exceeding forty (40) feet in vertical height shall have drainage terraces not less than eight (8) feet in width, measured from the outer edge of the terrace to the invert of the drain, at vertical intervals not to exceed twenty-five (25) feet except that where only one (1) such terrace is required it shall be located at mid-height. For cut slopes exceeding one hundred (100) feet in vertical height, the drainage terrace near mid-height shall be not less than twelve (12) feet in width. Design and construction of drainage terraces shall conform to the requirements of Section 7-2.606. All cut slopes shall be examined for evidence of seepage at completion of grading to determine if installation of horizontal drains is necessary.

(c) Variations. Variations from the regulations in this Section may be allowed by the City Engineer if they will provide equivalent safety, stability, and protection against erosion, as recommended by a soil engineer or engineering geologist. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.604 Regulations for Fills.

(a) Compaction. Except as otherwise provided in Subsection (b) of this Section, all fills shall be compacted throughout their full extent to a minimum of ninety percent (90%) of maximum density as determined by the current ASTM D1557 test method. Field density shall be determined by a method acceptable to the City Engineer. All existing on-site fills and backfills shall be excavated and stockpiled for reuse in planned fill areas.

(b) Exceptions to Compaction Requirement.

(1) Special Compaction. Compaction may be reduced to eighty-five percent (85%) of maximum density as determined by the specified test in Subsection (a) of this Section, within the outer eight (8) inches of fill slope surfaces when such compaction is provided by grid rolling or equivalent means.

(2) Non-Structural Fills. Fills not intended to support structures, subdivision streets or improvements need not be compacted to the standard set forth in Subsection (a) of this Section if the City Engineer determines that such compaction is unnecessary as a safety measure. In making this determination, the City Engineer may require that an investigation be made by an approved soil testing agency to establish the characteristics of the soil, the amount of settlement to be expected and the susceptibility of the soil to erosion or slippage.

(3) Planted Slopes. Slope surfaces may be prepared for planting by scarifying, by the addition of topsoil, or by other methods, if such loose material does not exceed a depth of three inches and said slopes otherwise comply with the requirements of this Section.

(c) Preparation of Ground. The natural ground surface shall be pared to receive fill by removing vegetation, non-complying fill, topsoil, and, where slopes are five (5) horizontal to one (1) vertical or steeper, by benching into sound bedrock or other competent material. Five (5) feet of the lowermost bench shall be exposed beyond the toe of the fill. The bench shall be sloped for sheet overflow or a paved drain shall be provided.

(d) Fill Slope. No compacted fill shall be made which creates an exposed surface steeper in slope than two (2) horizontal to one (1) vertical. The City Engineer may require that the fill be constructed with an exposed surface flatter than two (2) horizontal to one (1) vertical if he finds this necessary for stability and safety.

(e) Fill Material. No organic or other reducible material shall be incorporated in fills. Except as recommended by the soil engineer and approved by the City Engineer, no rock or similar irreducible material with a maximum dimension greater than four (4) inches shall be buried or placed within forty-eight (48) inches of finish grade. No expansive adobe soils shall be used in fills within five (5) feet of finish grade in street and building areas and shall not be placed in the slope area of high fills.

(f) Drainage Terraces. Fill slopes exceeding thirty (30) feet in vertical height shall have drainage terraces not less than eight (8) feet in width, measured from the outer edge of the terrace to the invert of the drain, at vertical intervals not exceeding twenty-five (25) feet except that where only one (1) such terrace is required it shall be located at mid-height. For fill slopes exceeding one hundred (100) feet in vertical height, the drainage terrace near mid-height shall be not less than twelve (12) feet in width. Design and construction of drainage terraces shall conform to the requirements of Section 7-2.606.

(g) Slopes to Receive Fill. Where fill is to be placed above the top of an existing or proposed cut or natural slope steeper than three (3) horizontal to one (1) vertical, the toe of the fill shall be set back from the top edge of the slope a minimum distance of six (6) feet, measured horizontally, or such other distance as may be specifically recommended by a soil engineer or engineering geologist and approved by the City Engineer. Fills shall not toe out on slopes steeper than three (3) horizontal to one (1) vertical. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.605 Slope Location and Setbacks.

(a) The property line of any proposed or existing site or parcel located within the grading project shall be located at the top of the slope or along any slope drainage terrace.

(b) Excavation and fill slopes shall be set back a minimum of three (3) feet plus one-fifth (1/5) the vertical height of the slope from the project boundary line, with a maximum of ten (10) feet.

(c) Buildings and structures shall be set back from excavation or fill slopes a minimum of four (4) feet plus one-fifth (1/5) of the vertical height of the slope, with a maximum of ten (10) feet.

Variations from the regulations in this Section may be allowed by the City Engineer if they will provide equivalent safety, stability, and protection against erosion, as recommended by a soil engineer or engineering geologist. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.606 Regulations for Drainage.

(a) General. Storm drainage structures, systems and facilities shall be provided as required by the City Engineer and in accordance with standard specifications on file in the Public Works Department. In addition, storm drain structures, systems and facilities shall be in compliance with State and Federal National Pollution Discharge Elimination System (NPDES) requirements. In satisfaction of these requirements, the City Engineer may require the installation of grease traps, sediment basins, storm water monitoring stations and such other devices and systems which the City Engineer determines are necessary for compliance with NPDES requirements. The design of all storm drainage, structures, systems and facilities shall be in accordance with recognized principles of hydraulics.

(b) Disposal. All drainage facilities shall be designed to carry surface waters to the nearest practical street, storm drain, or natural watercourses, approved by the City Engineer as a safe place to discharge such waters. If the drainage device discharges onto natural ground, rip-rap or a similar energy dissipater may be required. City standard curbs and gutters shall also be installed at the property line adjoining the public right-of-way for the purpose of conveying site run-off to storm drain facilities.

(c) Site Drainage. Graded building sites (building pads) shall have a minimum slope of one percent (1%) towards a public street or drainage facility approved to receive storm waters. A lesser slope may be approved by the City Engineer for sites graded in relatively flat terrain, or where special drainage provisions are made, when he finds such modification will not result in unfavorable drainage conditions.

(d) Terrace Drains.

(1) All unlined swales or ditches on drainage terraces shall have a uniform longitudinal grade of not less than one percent (1%) nor more than three percent (3%) and a minimum depth of one (1) foot at the deepest part. Such terraces shall drain into a paved gutter, pipe or approved watercourse adequate to convey the water to a safe disposal area.

(2) The soil engineer may approve steeper slopes based on sediment transport analysis.

(3) The drainage terrace shall be provided with a lined ditch, if required by the soil engineer for stability or prevention of erosion.

(e) Overflow Protection. Berms, swales or other devices shall be provided at the top of cut or fill slopes to prevent surface water from flowing over or onto, and damaging the face of the slope. Special drainage provisions shall be made where a building or structure exists within five (5) feet of the top of a slope.

(f) Maintenance of Drainage. The permittee and/or owner shall maintain drainage facilities, in conformance with the requirements of this Chapter, during and after construction.

(g) Subdrains. Subdrains and laterals shall be as determined by the soil engineer. Subdrain designs shall be approved by the City Engineer. Provisions shall be made for carrying off all collected water to suitable disposal points removed from all slopes.

(h) Variations. Variations from the regulations of this Section may be allowed by the City Engineer if they will provide equivalent safety, stability, and protection against erosion and storm water pollution as recommended by a soils engineer or engineering geologist and by the County Flood Control District. (Ord. 308 Div. 1, 1992: Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.607 Erosion Control Planting.

(a) The surface of all erodible cut slopes more than five (5) feet in height and fill slopes more than three (3) feet in height shall be protected against erosion by planting with landscape materials as prescribed in Section 7-2.307. The plants and planting methods shall be suitable for the soil and climatic conditions of the site and in accordance with standard specifications on file in the Public Works Department.

(b) Irrigation System. Planted slopes shall be provided with an approved system of irrigation. A functional test of the system may be required. For slopes less than twenty (20) feet in vertical height hose bibs may be allowed where a hose no longer than fifty (50) feet is necessary for irrigation.

The requirements for permanent irrigation systems may be modified, when approved by the Director of Public Works, because the type of plants selected, planting methods used, and soil and climatic conditions at the site make irrigation of the slope planting unnecessary.

(c) Approval. The planting and irrigation system shall be installed after rough grading. Final approval of the work and release of the bond shall be made when growth is established on the slopes.

(d) Variations. Variations from the regulations of this Section may be allowed by the Director of Public Works if they will provide equivalent safety, stability, and protection against erosion, as recommended by a soil engineer or engineering geologist. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.608 Other Regulations.

(a) Hours of Work. If operations under the permit are within five hundred (500) feet of residential or commercial occupancies, grading operations shall be limited to the hours between 8 a.m. and 5 p.m. Monday through Friday, or as approved by the City Engineer, except that maintenance and service work on equipment may be performed at any time.

(b) Encroachments on Public Rights-of-way. Encroachment of operations on public rights-of-way without a valid encroachment permit is prohibited except for hauling of legal loads by vehicles permitted by law to operate on public roads.

(c) Nuisances. Operations shall be controlled to vent nuisances to public and private ownerships because of dust, drainage, removal of natural support of land and structures, encroachment, noise, and/or vibration.

(d) Explosives. Blasting or other use of explosives shall be conducted in accordance with regulations by the City Council, the State Fire Marshal, and local fire authorities. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.609 Responsibility of Permittee.

(a) Compliance with Plans and this Chapter. The permittee, his agent, contractor or employee, shall carry out the proposed work only in accordance with the approved plans and specifications and in compliance with all the requirements of this Chapter.

(b) Notice of Work. In performing regular development work it shall be the responsibility of the permittee to notify the City Engineer at least one working day in advance so that the required inspections can be made. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.610 Reports Required and Final Approval.

The City Engineer may require the following reports, and shall not finally approve any development or work until all required maps and reports have been submitted and approved:

(a) A final report by the civil engineer certifying that all grading, lot drainage and drainage facilities have been completed and the slope planting installed in conformance with the approved plans and the requirements of this Chapter with a final contour map if the work is not in substantial conformity with the approved plans.

(b) A report by the soil engineer including the recommended soil-bearing capacity, a statement as to the expansive qualities of the soil, summaries of field and laboratory tests, and his opinion as to the adequacy of the work completed and its conformity with plans and specifications. The location of such tests and the limits of the compacted fill shall also show by plans and cross-section the location of any subdrains, rock disposal areas and/or buttress fills in the work.

(c) An engineering geologist’s report based on the final contour map including specific approval of the grading as affected by geological factors. The report shall include a revised geologic map and cross-sections, with recommendations regarding the location of buildings or sewage disposal systems. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.611 Evaluation of Existing Fill.

The City Engineer may require the submission of a preliminary soil investigation report and/or engineering geological report before issuing a building permit for a structure to be placed on any fill or embankment constructed before the enactment of this Chapter, or excepted from the requirement for a grading permit, or on any other lot or parcel on which critically expansive soils, slide conditions, or other soils, or geologic hazards exist or may reasonably be anticipated to exist. If the City Engineer determines that the action recommended in this report is likely to prevent structural damage to the proposed structure, he shall approve the report and the recommended action contained in the report shall become a part of the required construction as a condition of the permit. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.612 Site Evaluation and Investigation.

(a) The City Engineer may conduct a field investigation and site evaluation of a lot or parcel prior to application for a grading and/or building permit if the owner submits a written request and the fee required by Section 7-2.311.

(b) The investigation shall determine what information, engineering data or plans will be required to be submitted with the application for grading and/or building permits and under what conditions the permits would be issued.

(c) No fees or written request will be necessary after an application for a building and/or grading permit has been accepted or if the City Engineer initiates the field investigation. (Ord. 242 Div. 2 (part), 1986)

Article 7. Appeals.

Sec. 7-2.701 Appeal to Council.

(a) Any applicant or any permittee or his surety, if any, excepting to any condition imposed upon his grading permit, or to any denial thereof, or to the revocation or suspension thereof, may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal setting forth the specific grounds thereof.

(b) Such notice must be filed within fourteen (14) days after notice of the action appealed from. The City Clerk shall thereupon set said matter for hearing before the Council and shall give written notice thereof separately to the appellant and his surety, if any. Said notice shall be given at least five (5) days before the hearing, and it shall be served personally or by deposit in the United States mail in a sealed envelope, with postage fully prepaid, addressed to the permit holder and to his surety at the mailing address, or, if there is no mailing address, the business address, shown in the application or in the bond, as the case may be.

(c) At such hearing the appellant shall show cause why the action excepted to should not be approved. Such hearing may, by the Council, be continued from time to time, and its findings on the appeal shall be final and conclusive in the matter. (Ord. 242 Div. 2 (part), 1986)

Article 8. Nuisances.

Sec. 7-2.801 What Constitutes Nuisance.

The following shall constitute a public nuisance:

(a) Any grading without a permit where same is required by this Chapter.

(b) Any grading or other work done in violation of any of the conditions imposed thereon by a permit issued pursuant to this Chapter.

(c) Any grading or other work which fails to be done as required by any conditions of a permit issued pursuant to this Chapter.

(d) The existence of a hazardous condition as defined in Section 7-2.510 of this Chapter upon the determination by the City Engineer as provided in said Section that such condition exists. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.802 Abatement of Nuisance.

The City Engineer or any other responsible officer of the City of Hercules or the City of Hercules in its own name may summarily abate or cause to be abated any condition which is declared in Section 7-2.801 to be a public nuisance or may abate or cause to be abated any such public nuisance in any other manner established by statute, law, ordinance, rule, or regulation of the State of California or of the City of Hercules, or may apply to a court of competent jurisdiction for appropriate relief, including but not limited to an order requiring or causing the abatement of any such public nuisance. The costs and expenses of such abatement shall become a lien upon the real property or premises upon which such public nuisance exists. (Ord. 242 Div. 2 (part), 1986)

Sec. 7-2.803 Procedure Not Exclusive.

The procedure provided in this Chapter shall be cumulative and in addition to any other procedure or procedures provided in ordinances of this City or by State law for the abatement of any of the conditions described herein, and abatement hereunder shall not prejudice or affect any other action, civil or criminal, for the maintenance of any other action, civil or criminal, for the maintenance of any such condition. (Ord. 242 Div. 2 (part), 1986)