Chapter 10-16 GRADING AND EXCAVATION CODE

This chapter shall be known as and may be cited as the “city of Laguna Hills Grading and Excavation Code.” “Code” as referred to in this chapter, unless the context clearly indicates otherwise, shall mean the city of Laguna Hills Grading and Excavation Code. (Ord. 03-1 § 1 (part))

10-16.020 Grading Manual.

A. The City Manager, or the City Manager’s designee, shall formulate and modify as necessary such rules, procedures, and interpretations as may be necessary or convenient to administer this chapter. Such rules, procedures, and interpretations shall be referred to as the “city of Laguna Hills Grading Manual” or the “Grading Manual.”

B. The Grading Manual shall include provisions to assure that the water quality requirements relevant to activities subject to this chapter apply to all such activities.

C. In the event of any conflict between said Grading Manual and this code, the provisions of this code shall govern. The provisions of the said Grading Manual shall, to the extent that they are made conditions of any grading permit by the Director, be binding on the permittee.

(Ord. 03-1 § 1 (part))

10-16.030 Purpose and intent.

It is the intent of this code to safeguard life, limb, property, and the public welfare by regulating grading on private property in the city. (Ord. 03-1 § 1 (part))

10-16.040 Scope.

This code sets forth rules and regulations to control excavation, grading, and earthwork construction, including fills and embankments, and establishes administrative requirements for issuance of grading permits and approval of plans and inspection of grading construction in accordance with the requirements for grading and excavation as contained in the 2001 California Building Code then in effect as adopted and modified by city ordinance as well as water quality requirements relevant to activities subject to this chapter. (Ord. 03-1 § 1 (part))

Article II. Definitions

10-16.050 Definitions.

As used in this chapter:

“Approval” means a written engineering or geological opinion by the responsible engineer, geologist of record, or responsible principal of the engineering company concerning the progress and completion of the work unless it specifically refers to the Director.

“Approved plans” means the current grading plans, which bear the stamp of approval of the Director.

“Approved testing agency” means a facility whose testing operations are controlled and monitored by a registered civil engineer and which is equipped to perform and certify the tests required by this code, or the Grading Manual, as determined by the Director. This determination may be appealed to the City Council.

“City Manager” means the City Manager of the city of Laguna Hills.

“Civil Engineer” means a professional engineer registered in the state of California to practice in the field of civil engineering.

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

“Clearing, brushing, and grubbing” means the removal of vegetation (grass, brush, trees, and similar plant types) by mechanical means.

“Commercial coach” means a vehicle with or without motive power, designed and equipped for human occupancy for industrial, professional, or commercial purposes, and shall include a trailer coach.

“Compaction” means the densification of a fill by mechanical means.

“Director” means the Director of Public Works/City Engineer of the city of Laguna Hills.

“Earth material” means any rock, natural soil, or fill and/or any combination thereof.

“Engineering geologist” means a geologist certified in the state of California to practice engineering geology.

“Engineering geology” means the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

“Erosion” means the wearing away of the ground surface as a result of the movement of wind, water, and/or ice.

“Erosion control system” means a combination of desilting facilities, and erosion protection, including effective planting, to protect adjacent private property, watercourses, public facilities, and receiving waters from an abnormal deposition of sediment or dust.

“Excavation” means the mechanical removal of earth material.

“Existing grade” means the ground surface prior to grading.

“Fill” means a deposit of earth material placed by artificial means.

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

“Grade” means to vertical location of the ground surface.

“Grading” means any excavating or filling or combination thereof.

“Grading contractor” means a contractor licensed and regulated by the state of California who specializes in grading work or is otherwise licensed to do grading work.

“Grading permit” means an official document or certificate issued by the Director authorizing grading activity as specified by approved plans and specifications.

“Hillside site” means a site which entails cut and/or fill grading of three feet or more in vertical height below or above natural ground; or a combination fill-over-cut slope equal to or greater than five feet in vertical height; or where the existing grade is twenty (20) percent or greater; and which may be adversely affected by drainage and/or stability conditions within or from outside the site, or which may cause an adverse effect on adjacent property.

“Mobilehome” means a structure, transportable in one or more sections, designed and equipped to contain not more than two dwelling units to be used with or without a foundation system. Mobilehome does not include recreational vehicle, commercial coach, or factory-built housing.

“Natural grade” means the ground surface unaltered by artificial means.

“Owner” means any person, agency, firm, or corporation having a legal or equitable interest in a given real property.

“Permanent erosion control devices” means improvements, which remain throughout the life of the development. They include terrace drains, down-drains, slope landscaping, channels, storm drains, etc.

“Precise grading permit” means a permit that is issued on the basis of approved plans, which show the precise structure location, finish elevations, and all on-site improvements.

“Rough grade” means the stage at which the grade, approximately conforms to the approved plan.

“Rough grading permit” means a permit that is issued on the basis of approved plans, which need not show a structure location but must show interim building pad drainage to the degree required by the Director.

References. Unless indicated otherwise, or as reasonably appears from the context, references in this code to the civil engineer, the soil engineer, the geologist, and the engineering geologist refer to the professional person(s) preparing, signing, or approving the project plans and specifications which comprise the approved grading plan, and which professional person appears of record pursuant to Sections 10-16.160 through 10-16.210 of this chapter or his or her successor appearing pursuant to Section 10-16.420 of this chapter, Transfer of responsibility for approval.

“Semi-permanent erosion control devices” means devices, which are used primarily during construction and are not relocateable. They include earthen berms, concrete spillways, desilting basins, riser/outlet pipes, etc.

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

“Slope” means an included ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

“Soil” means naturally occurring surficial deposits overlying bedrock.

“Soil engineer” means a civil engineer duly registered in the state of California whose field of expertise is soil mechanics.

“Soil engineering” means 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.

“Special inspector” means an inspector duly licensed by the Director to perform inspection of asphalt concrete placement and related construction work or other grading related work approved by the Director.

“Storm water permits” are any permits issued by a local, state, or federal regulatory agency regulating stormwater flow over and from any project subject to this chapter including but not limited to NPDES permits and State General Permits as defined in Section 5-36.030.

“Temporary erosion control devices” means devices, which are removable and can rarely be salvaged for subsequent reuse. In most cases they will last no longer than one rainy season. They include sandbags, gravel bags, plastic sheeting, silt fencing, straw bales, and similar items.

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

“Water quality requirements” are the requirements relevant to activities that are subject to this chapter found in Chapter 5-36 of this code relating to water quality control. (Ord. 03-1 § 1 (part))

Article III. Permits Required

10-16.060 Grading permits.

No person shall conduct any grading, clearing, brushing, or grubbing on natural or existing grade that is preparatory to grading, without first having obtained a grading permit from the Director. Exceptions to this requirement are as follows or as otherwise determined by the Director:

A. An excavation below finished grade for basements and footings of a building, mobilehome, retaining wall, or other structure authorized by a valid building permit or construction permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structure. This shall not prohibit a minimum-fee grading permit or soil or geologic report from being required for foundation design and inspection purposes when, in the opinion of the Director, stability or flooding considerations warrant such inspection.

B. Cemetery graves.

C. Refuse disposal sites controlled by other regulations.

D. Earthwork construction regulated by the federal, state, county, or city governments, or by any local agency as defined by Government Code sections 53090 through 53095 (special districts). Pipeline or conduit excavation and backfill conducted by local agencies or public utilities. Earthwork construction performed by railway companies on their operating property. This exemption, however, shall apply only when the earthwork construction takes place on the property, or dedicated rights-of-way or easements of the above agencies.

E. Excavation and backfill for installation of underground utilities by public utilities or companies operating under the authority of a franchise or a public property encroachment permit.

F. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressures upon any adjacent or contiguous property.

G. Exploratory excavations under the direction of soil engineers or engineering geologists, provided all excavations are properly backfilled. All such excavations and trenches are subject to the applicable sections of Title 8 of the State Orders, Division of Industrial Safety.

H. An excavation which does not exceed fifty (50) cubic yards on any one site and which (1) is less than two feet in vertical depth, or (2) which does not create a cut slope greater than five feet in vertical height and steeper than two horizontal to one vertical.

I. A fill less than one foot in depth placed on natural grade with a slope flatter than five horizontal to one vertical, which does not exceed fifty (50) cubic yards on any one lot and does not obstruct a drainage course.

(Ord. 03-1 § 1 (part))

10-16.070 Grading permit, paving.

No person shall construct pavement surfacing in excess of three thousand (3,000) square feet, on natural or existing grade for the purpose of a private road or commercial, industrial, or multiresidential parking lot or travelway without a valid grading permit unless waived by the Director or a separate improvement plan for such paving is approved and signed by an authorized city official. Resurfacing or maintenance of paved surfaces shall be exempt from this requirement. (Ord. 03-1 § 1 (part))

10-16.080 Grading permit, watercourse alteration.

No person shall alter an existing watercourse, channel, or, revetment by excavating, or placing fill, rock protection, or structural improvements without a valid grading permit unless waived by the Director or performed as interim protection under emergency flood-fighting conditions. (Ord. 03-1 § 1 (part))

10-16.090 Excavation blasting permit.

No person shall possess, store, sell, transport, or use explosives and blasting agents to do any excavation without a permit from the Orange County Fire Department and specific approval from the Director. (Ord. 03-1 § 1 (part))

10-16.100 Types of grading permits.

A. Either a rough grading permit or a precise grading permit may be issued for grading work upon completion of an application in accordance with Subarticle 5 of the grading manual and approval by the Director. The rough or precise grading permit is the option of the permittee provided that the plans satisfy the requirements of Subarticle 5 of the grading manual.

B. Building permits may be issued for a site graded under a valid precise grading permit upon completion and approval of rough grade inspection as specified in Section 10-16.430E, site inspection by the Director, of this code.

C. Building permits shall not be issued for a site graded under a rough grading permit until a new precise grading permit has been issued and the provisions of subsection B of this section have been satisfied.

(Ord. 03-1 § 1 (part))

Article IV. Organization and Enforcement

10-16.110 Powers and duties of the Director.

A. The provisions of the 2001 California Building Code, section 104.2, Powers and duties of Building Official, and subsequent editions, shall apply to grading construction work.

B. Stop Orders. Whenever any building or grading work is being done contrary to the provisions of this code or the grading permit, the Director may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Director to proceed with the work.

C. Whenever any building or grading work is being done contrary to the provisions of the water quality requirements related to activities subject to this chapter, in addition to the powers and duties specified in subsections (a) and (b) the Director may utilize any enforcement provision specified in section 5-36.070.

(Ord. 03-1 § 1 (part))

10-16.120 Violation—Penalty.

A. It is unlawful for any person, firm, or corporation to do grading in the city, or cause the same to be done, contrary to, or in violation of any of the provisions of this code.

B. The issuance of a building permit, performance of building permit inspections, or issuance of a certificate of use and occupancy may be withheld for property on which a violation of the provisions of this code exists, including work performed not in accordance with approved grading plan, until such violation has been corrected or mitigated to the satisfaction of the Director or designee (hereafter “Director”). The Director shall consult, as appropriate, with the Director of Planning.

C. No tentative tract map or parcel map shall be approved for property on which a violation of the provisions of this code exists, including work performed not in accordance with approved grading plans, unless conditioned to require such violation to be corrected or mitigated to the satisfaction of the Director prior to recordation.

D. No zone change or discretionary permit per section 9-92.080, Types of applications and findings, of this code, shall be approved for property on which a violation of the provisions of this code exists, including work performed not in accordance with approved grading plans, unless conditioned to require such violation to be corrected or mitigated to the satisfaction of the Director prior to the issuance of any building permits.

E. The Director, in consultation with the Director of Planning, shall determine if the corrective or mitigating action itself requires the approval of a site development permit per section 9-92.080, Types of applications and findings, of this code, and/or an initial study per CEQA.

F. Any person, firm, or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six months, or by both such fine and imprisonment.

In addition to any such fine or imprisonment, the court may also require such party to correct or mitigate the grading violation to the satisfaction of the Director.

G. In addition to the provisions of the subsections above, a notice of violation of this code may be recorded in accordance with the following procedures:

1. Notice of Intent. A written notice of intent to record a notice of violation shall be served on the current owner of record of the property. Such notice shall describe the property, the violation, and the action necessary to correct or mitigate the violation. The notice shall inform the owner that a notice of violation will be recorded if the owner does not, within twenty (20) days of receipt thereof, either correct the violation or request a meeting with the Director as set forth below. The notice shall include a copy of this subsection G and be substantially as follows:

Notice of Continuing Violation of the City of Laguna Hills Grading and Excavation Code

Notice is hereby given that the City of Laguna Hills has determined that a violation of the above Code exists on the following described property (description). The violation consists of (description).

While a violation of the above Code exists, the City of Laguna Hills may refuse to approve building or occupancy permits, subdivision maps, use permits, and other discretionary permits and development approvals.

2. Correction of Violation. If, within twenty (20) days of receipt of a notice of intent, the owner corrects the violation, no notice of violation shall be recorded. The Director may grant extensions of time for good cause.

3. Meeting. If the owner requests a meeting, the Director shall schedule a meeting. Notice of the meeting shall be served on the owner not less than fifteen (15) days prior thereto. The Director may reschedule the meeting from time to time for a good cause with adequate notice to the landowner. At the meeting, the owner may be represented by counsel and may present any relevant evidence that violations do not exist.

4. Decision, Notice. Within thirty (30) days following completion of the meeting, the Director shall issue and serve on the owner his or her determination as to whether or not a notice of violation will be recorded. This determination shall be supported by appropriate findings on all material issues raised at the meeting. The decision of the Director shall be final with respect to recordation of a notice of violation, but shall not affect other proceedings under this section.

5. Recordation. If the Director determines that a notice will be recorded, such notice shall be recorded fifteen (15) or more days after service of notice of the decision.

6. Release of Notice. When a violation is corrected or mitigated to the satisfaction of the Director, if a notice of violation had been recorded, the Director shall cause a release to be recorded. Said release shall refer to the notice of violation and shall state that the violation described therein has been corrected.

(Ord. 03-1 § 1 (part))

10-16.130 Hazardous conditions.

A. Hazardous conditions exist when the state of any natural ground, natural slopes, excavation, fill, or drainage device, all of which exist on private property, is a menace to life or limb, or a danger to public safety, or endangers or adversely affects the safety, usability, or stability of adjacent property, structures, or public facilities.

B. The Director may examine or cause to be examined every condition reported as hazardous as set forth in subsection A of this section.

C. Notice of Hazardous Condition. In any case where a hazardous condition is found by the Director, he or she shall give notice, setting forth the finding to all owners of the property affected by the hazardous condition, authorized representative of the owners, or a permittee under any active permit which gives permittee control of the property issued pursuant to this code hereinafter referred to as “owner,” of such required corrective work. The notice may state the time and place of a hearing to be held if the owner fails to comply with any demand for corrective work or reports. The purpose of the hearing would be for the presentation of evidence concerning the hazardous conditions and demand for corrective work or submission of reports. The notice shall set forth the right of the owner to be present at the hearing, at his or her option, and introduce such relevant evidence on the issues as he or she desires. If the time and place of any hearing scheduled for the presentation of evidence is not included in the initial notice(s), it shall be included in a subsequent notice.

D. Evidence. At the time and place so specified for the hearing, evidence shall be submitted as to the facts of any condition as to reasonably establish its existence, and the Director or his or her designee, as Hearing Officer, shall determine whether the facts presented reasonably establish the existence of a hazardous condition to the satisfaction of the Hearing Officer. Evidence may further be submitted as to the work or reports considered necessary to correct or determine work to correct said hazard.

Exception: Where city property or facilities are endangered by the hazardous condition found by the Director, at the request of the owner, the hearing may be held before the City Manager or the City Manager’s designee. The Director may appeal such Hearing Officer’s order as set forth in this section.

E. Order, Finality, and Appeal. If the Hearing Officer determines the existence of a hazardous condition, he or she shall determine whether such hazards are subject to corrective work and/or the need for more analysis through the preparation of reports and shall order such work or reports and specify a completion time.

1. Finality of Order. The determination and order may be made orally at the hearing and shall be written and transmitted to the owner within a reasonable time. The determination and order shall become final within five days, excluding Saturdays, Sundays, and holidays, from the time it is first rendered in the event that the owner was not present at the hearing, within five days of the mailing of the order to the last known address of said owner.

2. Appeal. The owner may, at any time prior to the determination and order becoming final, appeal in writing the decision of the Hearing Officer to the City Manager. The Board shall fix a time and place and hold a hearing, consider the evidence, and make a determination as set forth in Section 10-16.140, Appeals, of this code. The order of the City Manager shall be immediately final.

F. Completion of Work. The owner shall, following the finality of the determination and order of the Hearing Officer, or if appealed, the determination and order of the City Manager, commence the corrective action ordered or preparation of reports and such work or submission shall be completed within the specified time.

G. Failure to Complete Work. If the owner neglects or fails to complete the corrective work or submit the reports ordered by the Hearing Officer or City Manager within the specified time, the Director may: (1) cause the work to be performed or reports to be prepared, or (2) advise the owner of the need for corrective work and warn him or her that in the absence of such corrective work, subsequent future hazards may occur which could result in an order to vacate the premises. Nothing in this subsection shall be construed to limit the type of remedy or relief, which the Director may have under any other provision of law.

H. Costs. Costs incurred by the city to perform any corrective work or prepare reports under subsection G of this section shall be charged to the owner. The Director may apply to the City Council to cause the costs to be paid and levied as a special assessment against the property and collected in a manner provided for special assessments.

I. Vacation of Property. If necessary, the notice and order in subsections C or E of this section shall include the requirement that the property, a portion thereof or adjacent sites be vacated within a specified time, in the interest of public safety, pending the finality of any determination and order or completion of corrective work.

The Director, or the Director’s designee, shall cause the property to be posted at conspicuous locations with a notice containing at least the following:

UNSAFE TO OCCUPY

DO NOT ENTER

Director of Public Works/City Engineer,
City of Laguna Hills

Date Posted _________________

Said posted notice may also contain the date, time, and place of the hearing and the name, address, and telephone number of the office of the Director where additional information may be obtained.

Such posted notices shall remain posted until any necessary corrective work is completed. Such posted notices shall not be removed without written permission of the Director, and no person shall enter the property except for the purpose of making the required corrections or preparing reports.

J. Service of Notices. The notices and order required by subsections C and E of this section may be served either:

1. By mailing a copy by certified mail, return receipt requested, to the owner’s address as designated on papers, applications, or permits on file with the Director; or

2. By personally delivering a copy to the owner’s address as designated on papers, applications, or permits on file with the Director; or

3. If the owner is absent from his or her place of residence and from his or her usual or designated place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy by certified mail, return receipt requested, addressed to the owner or authorized representative at his or her place of residence; or

4. If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there cannot be found, then by affixing a copy in a conspicuous place on the property, building, or structure and also delivering a copy to a person there residing, if any, or to the person in charge if any; and also sending a copy by certified mail, return receipt requested, addressed to the owner at the place where the property, building or structure is situated, or to the owner at his or her last known or designated address, or both.

(Ord. 03-1 § 1 (part))

10-16.140 Appeals.

A. Appeals will be heard by the City Manager or the City Manager’s designee in accordance with Subarticle 4 of the Grading Manual.

B. The City Manager shall have the power, upon an appeal by the owner, agent in control, or permittee under permit issued pursuant to this code, to reverse, modify, or otherwise alter the determinations and orders of the Director made pursuant to the procedures authorized in Section 10-16.130, Hazardous conditions, of this code, under such rules and regulations as the City Manager may, from time to time, adopt. The Director shall not participate in the decision of the City Manager in such cases.

C. The City Manager’s decision on an appeal shall be furnished in writing to the appellant and to the Director, and all such decisions shall be final immediately.

(Ord. 03-1 § 1 (part))

10-16.150 Technical advice.

A. Technical advice will be provided by the Director in accordance with Subarticle 4 of the Grading Manual.

B. The Director may provide an advisory technical opinion on any matter to which this code is applicable. The advisory technical opinion of the Director shall not deprive the City Manager of his or her jurisdiction to consider any appeal from a subsequent determination of the Director in regard to the same matter. The Director may also serve as a board of review to provide for interpretation of data, opinions, conclusions, or adequacy of technical or geological reports.

(Ord. 03-1 § 1 (part))

Article V. Grading Permit Requirements

10-16.160 Permits required.

Except as exempted in Section 10-16.060, Grading permits, of this code, no person shall conduct any grading or clearing, brushing, or grubbing on natural grade or existing grade that is preparatory to grading, without first obtaining a grading permit from the Director. A separate grading permit shall be required for each site and may cover both excavations and fills. (Ord. 03-1 § 1 (part))

10-16.170 Application.

A. To obtain a grading permit, the applicant must first file an application in writing on a form furnished by the Director.

The permit application shall be accompanied by information required by the Director and as specified in Subarticle 5 of the Grading Manual. Each application for a grading permit for a construction site required to be covered under the State General Construction Activity Stormwater Permit (“GCASP”) shall include proof of a Notice of Intent with the State Water Resources Control Board.

B. Applications for which no grading permit is issued within one hundred eighty (180) days following the date of application shall expire by limitation and plans submitted for checking may thereafter be returned to the applicant or destroyed by the Director. The Director may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action for an application after expiration, the applicant shall resubmit plans and pay a new plan check fee.

(Ord. 03-1 § 1 (part))

10-16.180 Plans and specifications.

A. Each application for a grading permit shall be accompanied by plans and specifications, and supporting data consisting of soil engineering and engineering geology reports when required by the Director, as specified in Section 10-16.200, soil engineering and engineering geology reports, of this code.

B. All plans and specifications shall be prepared and signed by a civil engineer, unless otherwise approved by the Director.

(Ord. 03-1 § 1 (part))

10-16.190 Information on plans and specifications.

Grading plans and specifications shall be prepared in accordance with the grading requirements of Section 10-16.400A, Grading requirements, of this code and Subarticle 5 of the Grading Manual. (Ord. 03-1 § 1 (part))

10-16.200 Soil engineering and engineering geology reports.

A soil engineering and engineering geology report shall be required for grading projects, unless otherwise waived by the Director. The reports shall include information appropriate for the site including any information required by the Director. Recommendations included in the reports and approved by the Director shall be incorporated in the grading plans or specifications. (Ord. 03-1 § 1 (part))

10-16.210 Issuance, expiration, and renewal.

A. Every grading permit issued shall be valid for a period of one year from the date of issuance.

B. Every grading permit issued shall expire by limitation and become null and void if the work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days.

C. The time limitations and provisions of Section 106.4, Permits issuance, of the 2001 California Building Code, and subsequent editions, are applicable to grading permits, except as stated in subsections (C)(1) and (C)(2) of this section.

1. A grading permit issued hereunder shall expire upon a change of ownership if the grading work thereon, for which said permit was issued, has not been completed, and a new permit shall be required for the completion of the work. If the time limitations of subsections A and B of this section are not applicable and if no changes have been made to the plans and specifications last submitted to the Director, no charge shall be made for the issuance of the new permit under such circumstances. If, however, changes have been made to the plans and specifications last submitted to the Director, fees based on the valuation of the additional work, additional yardage and necessary plan checking as provided for in Subarticle 6 of the Grading Manual shall be charged to the permit applicant.

2. The Director may extend the one hundred eighty (180) day expiration time limit on permits not to exceed two successive periods of one hundred eighty (180) days each upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken.

D. The Director may require that grading operations and project designs be modified if delays occur which incur weather-related problems not considered at the time the grading permit was issued, and further subject to the provisions of Section 10-16.220, Denial of permit, of this code.

E. If the permittee presents satisfactory reasons for failure to continue or begin the work within the period specified in subsection B of this section, the Director, upon receiving a written request, may grant an extension of time as specified in subsection (C)(2) of this section without additional fees, provided that:

1. No changes have been made in the original plans and specifications for such work.

2. Suspension or abandonment has not exceeded one year.

3. A re-endorsement of the compliance of the plans with the applicable regulations by the Director shall be obtained.

Such request for extensions must be submitted no later than the sixtieth day following the date on which said permit would otherwise expire. If the permittee fails to request an extension within the time provided, the Director may renew the grading permit for a fee of one-half the amount required for the original permit provided no changes have been made in the original plans and specifications for such work.

F. If the permittee is unable to complete the work by the end of a two-year period, the Director may renew the grading permit on an annual basis for a fee of one-half the amount required for the original permit for such work, provided no changes have been made in the original plans and specifications for such work.

(Ord. 03-1 § 1 (part))

10-16.220 Denial of permit

A. The Director shall not issue a grading permit in any case where he or she finds that the work as proposed by the applicant is liable to constitute a hazard to property or result in the deposition of debris on any public way or interfere with any existing drainage course. If it can be shown to the satisfaction of the Director that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, drainage devices, or by other means, the Director may issue the grading permit with the condition that such work be performed.

B. If, in the opinion of the Director, 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 and the building permits for habitable structures shall be denied.

C. The Director may require plans and specifications to be modified in order to mitigate anticipated adverse environmental effects of proposed grading projects. He or she may, under circumstances where the significant adverse environmental effects of a proposed grading project cannot be mitigated, deny the issuance of a grading permit.

D. The Director may require plans and specifications to be modified in order to make them consistent with the city general plan, specific plans, zoning code, water quality requirements, or other rules, regulations, or conditions applicable to the project. He or she may deny the grading permit if the proposed project cannot be designed in accordance with these rules, regulations, or conditions.

(Ord. 03-1 § 1 (part))

10-16.230 Time of grading operations.

Grading and equipment operations within one-half mile of a structure for human occupancy shall not be conducted between the hours of eight p.m. and seven a.m. nor on Sundays and federal holidays. The Director may, however, permit grading or equipment operations during specific hours after eight p.m. or before seven a.m. or on Sundays and federal holidays if he or she determines that such operations are not detrimental to the health, safety, or welfare of the inhabitants of such a structure. Permitted hours of operation may be shortened by the Director’s finding of a previously unforeseen effect on the health, safety, or welfare of the surrounding community. However, no grading permit that has been issued, nor any provision of this section shall be construed to be a waiver of the applicability of the provisions set forth in Chapter 5-24 of this code relating to noise control. (Ord. 03-1 § 1 (part))

10-16.240 Responsibility of permittee.

A. It shall be the responsibility of the permittee to be knowledgeable of the conditions and/or restrictions of the grading permit as outlined in applicable sections of this code, the Grading Manual, and as contained on the approved grading plans and in the approved soil and geology reports. The permittee shall also be responsible to maintain in an obvious and accessible location on the site, a copy of the grading plans bearing the stamp of approval by the Director.

B. All grading permits, waivers, or exemptions issued hereunder shall be deemed to include the provisions that the permittee, and/or his or her agents, contractors, and employees, shall carry out the proposed work in accordance with the approved plans and specifications, where such approval is required, and in accordance with any applicable water quality requirements prepared and maintained pursuant to federal or state requirements or a city directive, and in compliance with all requirements of the grading permit and this chapter. Failure to carry out the work in accordance with approved plans and specifications, the applicable water quality requirements, and in compliance with all requirements of the grading permit and this chapter shall be a violation of this chapter.

(Ord. 03-1 § 1 (part))

10-16.250 Protection of adjoining property.

Each adjacent owner is entitled to the lateral and subjacent support, which his or her land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement as provided by law. Section 832 of the California Civil Code is contained in Appendix G of the Grading Manual. (Ord. 03-1 § 1 (part))

10-16.260 Import and export of earth material.

Where an excess of five thousand (5,000) cubic yards of earth per project site is moved on public roadways from or to the site of an earth grading operation, all of the following requirements shall apply:

A. Either water or dust palliative or both must be applied for the alleviation or prevention of excessive dust resulting from the loading or transportation of earth from or to the project site on public roadways. The permittee shall be responsible for maintaining public rights-of-way used for handling purposes in a condition free of dust, earth, or debris attributed to the grading operation.

B. Loading and transportation of earth from or to the site must be accomplished within the limitations established in Section 10-16.230, Time of grading operations, of this code.

C. Access roads to the premises shall be only at points designated on the approved grading plan.

D. The last fifty (50) feet of the access road, as it approaches the intersection with the public roadway, shall have a grade not to exceed three percent. There must be three hundred (300) feet clear, unobstructed sight distance to the intersection from both the public roadway and the access road. If the three hundred (300) feet sight distance cannot be obtained, flagman shall be posted.

E. A stop sign conforming to the requirements of the California Vehicle Code shall be posted at the entrance of the access road to the public roadway.

F. An advance warning sign must be posted on the public roadway four hundred (400) feet on either side of the access intersection, carrying the words “truck crossing.” The sign shall be diamond shape, each side being thirty (30) inches in length, shall have a yellow background, and the letters thereon shall be five inches in height. The sign shall be placed six feet from the edge of the pavement and the base of the sign shall be seven feet above the pavement level. The advance warning sign shall be covered or removed when the access intersection is not in use.

(Ord. 03-1 § 1 (part))

Article VI. Fees

10-16.270 Grading plan check fees.

Before accepting a grading permit application and plans and specifications for checking, the Director shall collect, in the name of city, a plan-checking fee as approved by resolution of the City Council and as provided in Subarticle 6 of the Grading Manual. (Ord. 03-1 § 1 (part))

10-16.280 Grading permit fees.

A. A fee for each grading permit shall be collected by the Director, in the name of city, prior to issuance of a grading permit as approved by resolution of the City Council and as provided in Subarticle 6 of the Grading Manual.

B. Failure to pay fees and obtain a grading permit before commencing work shall be deemed a violation of this code, except when it can be proven to the satisfaction of the Director that an emergency existed which made it impractical to first obtain the permit. A violation shall result in an assessment of double permit fees for work done prior to permit issuance. Payment of a double fee shall not relieve any person from fully complying with the requirements of this code nor from any other penalties prescribed herein.

C. Additional fees approved by resolution of the City Council and contained in Subarticle 6 of the Grading Manual shall be paid as required to the Director.

(Ord. 03-1 § 1 (part))

10-16.290 Cost recovery fees.

If the Director performs emergency work on private property, he or she shall charge the property owner all direct and indirect costs which are necessary to complete the work to his or her satisfaction. In addition, the Director may charge a mobilization cost equal to ten percent of the cost for performing the work. (Ord. 03-1 § 1 (part))

Article VII. Grading Permit Security

10-16.300 Grading permit security.

A. Grading Permit Security Required—Exceptions. A grading permit shall not be issued unless the permittee shall first post, with the Director, a grading permit security in a form and amount set forth in the Grading Manual. The grading permit security is required to assure that the work, if not completed in accordance with approved plans and specifications, will be corrected to eliminate hazardous conditions and/or correct conditions that pose a threat to environmental resources including but not limited to a threat to water quality. This requirement may be waived at the discretion of the Director if he or she determines that:

1. No hazardous situation is likely to occur as a result of incomplete or improper grading; or

2. No adverse effect is likely to occur to subject property, adjacent property, or an existing or proposed structure thereon as a result of incomplete or improper grading; or

3. No significant drainage, erosion, flooding, or siltation problems will exist as a result of incomplete or improper grading; or

4. No adverse geological or environmental impacts will occur as a result of incomplete or improper grading; or

5. No conditions of the grading permit warrant a financial guarantee to assure their satisfactory completion.

B. Multiple Projects. On developments where progressive individual grading projects or several concurrent projects are being constructed by one owner, a continuing (blanket) form of grading permit security which will cover all such projects may be accepted and the amount determined by the Director.

C. Additional Grading Permit Security. Additional grading permit security in an amount determined by the Director may be required to ensure the completion of finish grading under the grading permit as a condition of occupancy and energizing utilities. Grading permit security in an amount determined by the Director may be required for grading permits involving temporary earthen stockpiles to ensure their timely removal.

D. Failure to Complete Work. In the event of failure to comply with all of the conditions and terms of the grading permit, the Director may order the work authorized by the grading permit to be completed or put in a safe condition to his or her satisfaction.

E. Default in Performance of Conditions. Whenever the Director finds or determines that a default has occurred in the performance of any requirement of a condition of a grading permit, or there is a failure to comply with an order issued pursuant to subsection D of this section, written notice thereof shall be given to the permittee and, when applicable, to the surety on the bond or other security. Such notice shall specify the work to be done, the estimated cost thereof, and the period of time deemed by the Director to be reasonably necessary for the completion. After receipt of such notice, the permittee and, if applicable, surety, shall within the time specified, cause or require the work to be performed. If the work is not performed, the estimated cost of performing the work shall be demanded from the surety or, if there is no surety, obtained from the security, and the Director shall cause such work to be performed and completed. The cost of the work shall include a mobilization charge as specified in Section 10-16.290 of this chapter.

(Ord. 03-1 § 1 (part))

Article VIII. Cuts

10-16.310 Cuts.

Cut slopes shall be no steeper than two horizontal to one vertical unless otherwise recommended in the soil engineering or engineering geology report and approved by the Director. The slope of cut surfaces shall be no steeper than is safe for the intended use. (Ord. 03-1 § 1 (part))

Article IX. Fills

10-16.320 Fills.

A. Unless otherwise approved by the Director and recommended in the approved soil engineering report, fills shall conform to Subarticle 9 of the Grading Manual. The provisions therein may be waived for minor fills not intended to support structures upon written request by the applicant on a form prescribed by the Director.

B. The Director may require that the soil tests or testing be performed by an approved testing agency.

C. Fill slopes shall be no steeper than two horizontal to one vertical unless otherwise recommended in the soil engineering report and approved by the Director. The slope of fill surfaces shall be no steeper than is safe for the intended use.

(Ord. 03-1 § 1 (part))

Article X. Setbacks

10-16.330 Setbacks.

The setbacks and other restrictions specified by Subarticle 10 of the Grading Manual are minimum and may be increased by the Director or by the recommendation of a civil engineer, soil engineer, or engineering geologist, if necessary for safety and stability or to prevent damage to structures of adjacent properties from sediment deposition, erosion, water runoff of the slopes, or to provide access for slope and drainage structure maintenance. The minimum setback may be reduced only in special circumstances where stability is proven to the satisfaction of the Director by the soil engineer or engineering geologist and other factors are of primary importance. (Ord. 03-1 § 1 (part))

Article XI. Drainage and Terracing

10-16.340 Drainage and terracing.

Drainage facilities and terracing shall conform to the provisions of Subarticle 11 of the Grading Manual unless otherwise approved by the Director and delineated on the approved grading plan. (Ord. 03-1 § 1 (part))

Article XII. Asphalt Concrete Pavement

10-16.350 Asphalt concrete pavement.

A. Asphalt concrete pavement for surfacing of parking lots, private streets, or other similar use shall conform to the provisions of Subarticle 12 of the Grading Manual unless otherwise approved by the Director.

B. The site soil engineer or special inspector shall inspect the construction of asphalt-paved areas and verify to the Director that the work has been performed in compliance with the provisions of this section.

(Ord. 03-1 § 1 (part))

Article XIII. Erosion Control

10-16.360 Erosion control systems and water quality requirements.

A. The faces of cut and fill slopes and project site shall be prepared and maintained to control against erosion in accordance with this article. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be omitted upon approval by the Director.

B. Where necessary, temporary and/or permanent erosion control devices such as desilting basins, check dams, riprap, or other devices or methods, as approved by the Director, shall be employed to control erosion and provide safety during the rainy season from October 15th to April 15th.

C. No grading work in excess of two hundred (200) cubic yards will be allowed between October 15th and April 15th on any single grading site under permit unless an erosion control system has been approved or waived by the Director.

D. Paved streets, sidewalks, and other improvements shall be maintained in a neat and clean condition free of loose soil, construction debris, and trash. Street sweeping or other equally effective means shall be used on a regular basis to prevent storm flows from carrying sediment and debris outside the project boundaries. Watering shall not be used to clean streets except for fine material not otherwise removed by sweeping or other mechanical means.

E. Unless otherwise approved by the Director, the owner shall be required to retain a civil engineer who will be responsible for the design of all erosion control improvements and initial approval of the installation of permanent and semi-permanent erosion control devices during each rainy season until the work authorized by the grading permit is given final approval. The owner shall retain the civil engineer to periodically review the field condition and modify, as needed, the design of the permanent and semi-permanent erosion control devices during the rainy season. Installation and maintenance of all erosion control devices shall be the responsibility of the owner.

F. Desilting facilities shall be provided at drainage outlets from the graded site.

G. Desilting basins shall be designed to provide a minimum desilting capacity equal to the standards established by this code.

H. Desilting basins shall be constructed around the perimeter of projects whenever feasible when it provides improved maintenance access from paved roads during wet weather.

I. Desilting basins constructed of compacted earth shall be compacted to a relative compaction on ninety (90) percent of maximum density. A soil engineering report, prepared by the soil engineer, which includes the type of field testing performed, location, and results of testing shall be submitted to the Director for approval upon completion of the desilting basins.

J. Equipment and workers for emergency work shall be made available at all times during the rainy season. Necessary materials shall be available on-site and stockpiled at convenient locations to facilitate rapid construction of temporary devices when rain is imminent.

K. Erosion protection shall consist of effective planting of all slopes in excess of five feet high unless otherwise approved by the Director. Slopes exceeding fifteen (15) feet high may require an adequate sprinkler system, as determined by the Director.

Protection for the slopes shall be installed as soon as practicable which may be prior to rough grade approval. Effective planting shall be installed, fully germinated, and effectively cover the required slopes prior to final approval unless otherwise approved by the Director.

L. The erosion control provisions shall take into account drainage patterns during the current and future phases of grading throughout the rainy season.

M. All removable protective devices shown shall be in place at the end of each working day when the five-day rain probability forecast exceeds forty (40) percent.

N. Graded areas around the tract perimeter must drain away from the face of slopes at the conclusion of each working day.

O. In addition to the requirements specified above, the permittee shall perform all work in accordance with the water quality requirements.

P. Any violation of an applicable federal or state-issued storm water permit, or failure to conform to the city’s water quality requirements prepared pursuant to such a permit or pursuant to this chapter or to section 5-36.010 et seq.; or failure to comply with stormwater related provisions of a city-issued grading permit or of a grading plan prepared to secure such a permit, is also a violation of this chapter.

(Ord. 03-1 § 1 (part))

10-16.370 Erosion control plans.

Erosion control plans prepared in accordance with Subarticle 13 of the Grading Manual shall be submitted to the Director for approval by September 15th each year for projects under grading permit. The erosion control plan may be waived for grading projects on single residential lot projects providing that an erosion control system, meeting the approval of the Director, has been installed, placed, planted, or constructed before October 15th. (Ord. 03-1 § 1 (part))

10-16.380 Erosion control and water quality requirement system maintenance.

A. After each rainstorm, silt and debris shall be removed from check berms and desilting basins and the basins pumped dry.

B. After each rainstorm, the performance of the erosion control system shall be evaluated and revised and repaired as necessary.

C. Devices shall not be moved or modified without the approval of the Director.

D. The grading contractor shall be responsible and shall take necessary precautions to prevent public trespass onto areas where impounded water creates a hazardous condition.

E. The grading contractor and permittee or project owner shall be responsible for continual maintenance of the devices during the rainy season. In the event of failure or refusal by the contractor, permittee, or project owner to properly maintain the devices, the Director may cause emergency maintenance work to be done to protect adjacent private and public property and environmental resources. The cost shall be charged to the owner and shall include an initial mobilization cost plus the cost of doing the work as contained in Article VI of this code.

F. In the event the Director must cause emergency maintenance work to be done, he or she may revoke the grading permit in writing. The grading permit shall not be renewed until an erosion control system and/or other systems necessary to comply with water quality requirements approved by the Director are installed and a fee of one-half the amount required for the original grading permit paid by the owner. The Director may waive installation of an erosion control system after April 15th.

G. If any grading subject to Section 10-16.060, Grading permits, of this code has commenced on private property without a valid grading permit, the property owner may be required to prepare and implement an erosion control plan as well as other plans required under the water quality requirements, which have been approved by the Director. In the event of failure by the property owner to install an approved erosion control system and/or other systems necessary to comply with water quality requirements, the Director may cause emergency work to be done to protect adjacent private and public property. The procedures of Section 10-16.130, Hazardous conditions, of this code need not apply for emergency erosion control work between October 15th and April 15th and emergency work necessary to protect environmental resources. The cost shall be charged to the owner in accordance with subsection E of this section.

(Ord. 03-1 § 1 (part))

Article XIV. Grading Inspection

10-16.390 General.

All grading operations for which a grading permit is required shall be subject to inspection by the Director. (Ord. 03-1 § 1 (part))

10-16.400 Grading requirements.

A. It shall be the responsibility of the civil engineer or other qualified individual who prepares the grading plan approved by the Director to incorporate all recommendations from the soil engineering and engineering geology reports into the grading plan. He or she shall also be responsible for the professional inspection and approval of the grading within his or her area of technical specialty. This responsibility shall include, but need not be limited to, inspection and approval as to the establishment of line, grade, and drainage of the development area. The project civil engineer and/or general contractor shall act as the coordinating agent in the event the need arises for liaison between the project professional grading contractor, and the Director, the civil engineer or other qualified person who prepares and signs the grading plan shall also be responsible for the preparation of revised plans, erosion control plans, and the submission of as-graded grading plans when required by the Director upon completion of the work.

B. Soil engineering and engineering geology reports shall be required as specified in Section 10-16.200, Soil engineering and engineering geology reports, of this code. During grading, all necessary reports, compaction data, soil engineering, and engineering geology recommendations shall be submitted to the owner by the soil engineer and engineering geologist. The owner shall submit copies of the report to the civil engineer and two copies of all reports to the Director.

C. The soil engineer’s area of responsibility shall include, but need not be limited to, the professional inspection and approval concerning the preparation of ground to receive fills, testing for required compaction, stability of all finish slopes, design of buttress fills, subdrain installation, and incorporation of data supplied by the engineering geologist.

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

E. The Director may expeditiously inspect the project at the various stages of work requiring approval and at any more frequent intervals necessary to determine that adequate control is being exercised by the professional consultants.

F. When preliminary soil engineering reports are not required by the Director, he or she may require inspection and testing by an approved testing agency. The testing agency’s responsibility shall include, but need not be limited to, approval of cleared areas and benches to receive fill, and the compaction of fills.

G. The Director shall not issue any grading permit, waiver, or exemption pursuant to this chapter unless the Director finds that the work authorized by the grading permit, waiver, or exemption complies with applicable water quality requirements.

(Ord. 03-1 § 1 (part))

10-16.410 Notification of noncompliance.

If, in the course of fulfilling their responsibility under this code, the civil engineer, the soil engineer, the engineering geologist, or the testing agency finds that the work is not being done in conformance with the provisions of the approved specifications and grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the Director. Recommendations for corrective measures, if necessary, shall be submitted to the owner. The owner shall submit two copies of all recommendations and reports to the Director. (Ord. 03-1 § 1 (part))

10-16.420 Transfer of responsibility for approval.

If the civil engineer, the soil engineer, the engineering geologist, the testing agency, or the grading contractor of record are changed during the course of the work, the work shall be stopped unless: (1) the owner submits a letter of notification verifying the change of the responsible professional, and (2) the new responsible professional submits in writing that he or she has reviewed all prior reports and/or plans (specified by date and title) and work performed by the prior responsible professional and that he or she concurs with the findings, conclusions, and recommendations, and is satisfied with the work performed. He or she may modify or revise recommendations, specifications, or work performed if accompanied by supporting data and approved by the Director. He or she must state that he or she assumes all responsibility within his or her purview as of a specified date. All exceptions must be justified to the satisfaction of the Director.

Exception: Where clearly indicated that the firm, not the individual engineer and/or geologist, is the contracting party, the designated engineer or geologist may be reassigned and another engineer and/or geologist within the firm may assume responsibility. (Ord. 03-1 § 1 (part))

10-16.430 Site inspection by the Director.

A. Prior to the approval of any building or grading plans and specifications, the Director may inspect the site to determine that the plans and specifications are current and reflect existing conditions.

B. The permittee or his or her agent shall notify the Director when the grading operations for which inspection is required are ready for inspection.

C. If the inspector finds the soil or other conditions not as stated in the approved plans and soil or geology reports or as in additional information which was required for issuance of the grading permit, he or she may, using reasonable judgment, refuse to allow further work until approval is obtained for a revised grading plan which will conform to the conditions.

D. The provisions of the 2001 California Building Code, section 104.2.4, Stop orders, and subsequent editions, shall apply to all grading work and whenever the Director determines that any work does not comply with the terms of a grading permit, or this code, or that the soil or other conditions are not as stated on the permit, he or she may order the work stopped by notice in writing served on any persons engaged in doing or causing of such work to be done and any such persons shall forthwith stop such work until authorized by the Director to proceed with the work.

E. Prior to the issuance of building permits for a graded site, the rough grading shall be completed in accordance with applicable requirements and to the satisfaction of the responsible civil engineer or architect, engineering geologist, soil engineer, and the Director.

F. Whenever any work on which inspections are required is covered or concealed by additional work without first having been inspected, the Director may require by written notice, that such work be exposed for examination. The work of exposing and recovering shall not entail or be subject to expense by the city.

(Ord. 03-1 § 1 (part))

10-16.440 Special inspections.

The Director may establish special inspection requirements in accordance with the 2001 California Building Code, section 1701, Special inspections, and subsequent editions, for special cases involving grading or paving related operations. Special cases may apply to work where in the opinion of the Director it is necessary to supplement the resources or expertise available for inspection. (Ord. 03-1 § 1 (part))

Article XV. Completion of Work

10-16.450 Final reports.

Upon completion of the rough grading work and at the final completion of the work, the Director may require the written approvals, reports, drawings, and supplements thereto specified in Subarticle 15 of the Grading Manual. (Ord. 03-1 § 1 (part))

10-16.460 Notification of completion.

The permittee or his or her agent shall notify the Director when the grading operation is ready for final inspection. All work including installation of all drainage facilities and their protective devices and all erosion control measures must be completed in accordance with the final approved grading plan and the required reports approved by the Director before final approval of the grading permit is given by the Director. He or she may approve the grading work prior to completion of all work in special cases of extreme hardship and if no hazard exists and adequate security is posted to assure completion of all remaining work. (Ord. 03-1 § 1 (part))