Chapter 9.45 GRADING

All grading within the city of Millbrae is subject to the standards set forth in this chapter. This chapter amends the requirements of the California Building Code Appendix Chapter 33 and establishes requirements for grading permits, procedures for issuing permits, specifies minimum standards for grading and removal of vegetation, including protected trees, and provides for the enforcement of grading requirements.

In the event of excavations within the public street right-of-way for the purposes of connecting a utility service lateral to a public utility main or for the purposes of constructing, maintaining, repairing or reconstructing a public main or utility service lateral, a permit shall be obtained pursuant to the requirements of Chapter 8.25 MMC, Street Excavations. In such instances, a grading permit as required by this section shall not be required. (Ord. 693, § 1; 1976 Code § 9-9.010).

9.45.020 Purposes.

The purposes of this chapter are to promote public health, safety and general welfare; protect property from erosion, ground movement and flooding; limit the disturbance of natural terrain and vegetation to the minimum necessary to accommodate reasonable use of property; and encourage site preparation, which is visually harmonious with surrounding land uses.

Benching building lots shall be prohibited in cases where reasonable, alternative foundation designs are feasible and would reduce overall grading. (Ord. 693, § 1; 1976 Code § 9-9.020).

9.45.030 Interpretation of grading ordinance.

A. All standards set forth in this chapter shall be construed as minimums.

B. In cases of conflict between provisions, the more restrictive shall govern.

C. Nothing in this chapter shall be construed as waiving any permit, which might be required under any other ordinance of the city or to permit the doing or omission of any act to the terms of any other ordinance of the city.

D. Any permit issued contrary to the terms of this chapter shall be void and of no effect.

E. The director of public works or his/her designee shall interpret this chapter and shall be responsible for its enforcement. (Ord. 693, § 1; 1976 Code § 9-9.030).

9.45.040 Definitions.

For purposes of this chapter, the following definitions pertain.

“Arborist” means a person registered with the International Society of Arboriculture certified to apply the principles and practices of tree care and maintenance.

“As graded” means the extent of surface conditions on completion of grading.

“ASTM” means the American Society for Testing and Materials.

“Bedrock” means in-place solid rock.

“Bench” means a relatively level step excavated into earth material on which fill is to be placed.

“Best management practice (BMPs)” means a technique or series of techniques which, when used in an erosion control plan, are proven to be effective in controlling construction-related runoff, erosion and sedimentation.

“Board of appeals” means a board of qualified individuals that hears appeals of the director of public works or his/her designee decisions, determinations or conditions.

“California building code” means the building code that has been adopted by the state of California and adopted by the city of Millbrae.

“City geologist” means a person hired by the city of Millbrae to act as its geologist.

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

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

“Cubic yard” means the unit of measurement of the amount of material excavated, filled or both. One cubic yard is twenty-seven cubic feet or an amount measuring three feet by three feet by three feet.

“Cut” means the mechanical removal of earth material.

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

“Endangered species” means any animal or plant that is listed on any local, state or federal endangered animal or plant list.

“Engineering geologist” means a geologist registered by the state of California who is certified to apply geologic information and principles to the design of civil works.

“Engineering geology investigation” means a study of the geology of the site and effects of geologic conditions on proposed development or adequacy of the site to be developed by the proposed grading.

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

“Excavation” means the digging and removal of earth material.

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

“Final erosion and sediment control plan (final plan)” means a set of best management practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a particular site after all other planned final structures and permanent improvements have been erected or installed.

“Geotechnical engineer (soil engineer or soils engineer)” means a civil engineer licensed by the State of California Board of Registered or Professional Engineers and Land Surveyors and found qualified as a soil engineer according to the rules and regulations established for soils engineers by that board.

“Geotechnical investigation” means an investigation and engineering evaluation of earth materials including soil, rock, ground water and man-made materials and their interaction with earth retention systems, structural foundations and other civil engineering works.

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

Grade, Existing. “Existing grade” means the grade prior to grading.

Grade, Existing Mean. “Existing mean grade” means the grade at start of grading operations.

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

“Grading” means any excavating or filling or combination thereof. The volume of grading is the combined volume of material excavated and filled.

“Grading plan” means a plot plan and supporting information as specified in MMC 9.45.090.

“Haul route” means an approved route used for hauling materials and equipment either in or out of a project site.

“Interim erosion and sedimentation control plan (interim plan)” means a set of best management practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a particular site during the period in which preconstruction and construction-related land disturbances, fills and soils storage occur, and before final improvements are completed.

“MMC” means the Millbrae Municipal Code.

“Model Water Efficient Landscape Ordinance” means an ordinance contained in the California Code of Regulations Title 23, Division 2, Chapter 2.7 and adopted into Chapter 8.45 MMC.

“Natural ground” means the surface of the ground prior to grading.

“Pregrading” means the removal of vegetation and scarifying of the ground surface preliminary to grading (sometimes called clearing and grubbing).

“National Pollution Discharge Elimination System (NPDES)” means a federal program that is designed to eliminate pollutants discharged into waterways, creeks, streams, bays, etc.

“Setback” means a prescribed distance from specific points of reference as defined in MMC Title 10.

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

“Slope” means an inclined ground surface the inclination of which can be expressed as a ratio of horizontal to vertical distance. Vertical distance divided by horizontal distance gives percentage of slope. Slope can also be expressed as the number of degrees in the angle formed by the intersection of the line of the inclined surface and the horizontal line.

“Soil” means any natural occurring superficial deposits overlaying bedrock.

“Storm Water Pollution Prevention Plan (SWPPP)” is a state-mandated program to eliminate illegal discharges into the storm water system by way of specific requirements.

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

“Tree,” for the purposes of this chapter, means any tree with a trunk or multiple trunks with a circumference of nineteen inches, or more, measured at twenty-four inches above mean grade level.

Tree, Protected. “Protected tree” means any healthy tree with a trunk or multiple trunks with a circumference of thirty-six inches or greater measured twenty-four inches above mean existing grade.

“Vegetation removal” means the removal of plant materials from a site by cuffing to the ground, extracting or spraying with herbicides. (Ord. 693, § 1; 1976 Code § 9-9.040).

9.45.050 Permit required.

A grading permit shall be required when any one of the following criteria is met:

A. The combined volume of material either excavated or filled will exceed fifty cubic yards;

B. The depth of any cut or fill will exceed two feet at its deepest point measured from natural ground;

C. Grading and/or vegetation removal will disturb an area of more than two thousand square feet;

D. Any other situations not exempted under MMC 9.45.060. (Ord. 693, § 1; 1976 Code § 9-9.050).

9.45.060 Permits required – Notice of exemption.

A. No person shall perform any grading without first having obtained a grading permit or a notice of exemption from the director of public works or his/her designee.

B. A notice of exemption may be granted for projects meeting any one of the following conditions:

1. An excavation below finished grade for basement or footings of a building, retaining wall, swimming pool or other structure authorized by a valid building permit. This shall not exempt any fill made with the materials from such excavations nor exempt any excavation having an unsupported height greater than three feet after completion of such structures;

2. Excavations for cemetery graves, wells, tunnels, utilities, storm drains and sanitary sewers;

3. Refuse disposal sites controlled by other regulations;

4. Mining, quarrying, excavating, processing or 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 the pressure upon any adjacent or contiguous property;

5. Exploratory excavations under the direction of a soils engineer(s) or engineering geologist(s);

6. Any project meeting all the following conditions:

a. No excavation or fill greater than two feet in depth with an engineered slope flatter than two horizontal to one vertical,

b. Earthwork which will not penetrate or disturb any permanent or seasonal spring, or any permanent, seasonal, perched aquifer and will not obstruct any surface drainage course,

c. All embankments for the support of structures which embankments are less than one foot in depth and placed on terrain having a natural slope of five percent or flatter, and

d. The total quantity if either cut or fill does not exceed fifty cubic yards.

7. The director of public works or his/her designee expressly find that the project is of such a nature as to make the procedure under this part unnecessary for the promotion of public welfare and safety. (Ord. 693, § 1; 1976 Code § 9-9.060).

9.45.070 General.

A. All applications for a grading permit shall be filed with the director of public works or his/her designee. The director of public works or his/her designee shall review all permit applications and issue a written decision to the applicant.

B. A single grading permit application may be filed for grading on contiguous sites if approved by the director of public works or his/her designee. In such cases, the volume of material and area disturbed will be determined on a cumulative basis for the total project site.

C. Pregrading is prohibited unless a valid grading permit has been issued and the pregrading conforms to the approved grading plan.

D. The city shall retain one complete set of the approved grading plan(s) and specifications. (Ord. 693, § 1; 1976 Code § 9-9.070).

9.45.080 Information required with application for grading permit.

The application for a grading permit must include all the following information unless the director of public works or his/her designee finds any item or items unnecessary to comply with the purposes of this chapter:

A. Full identification of property owner and, if applicable, authorized agent, including residence and business addresses and phone numbers;

B. Address and complete description of the property to be graded, including any easements and any improvements existing on it;

C. A statement of the proposed use of the site to be graded;

D. A grading plan, prepared and signed by a civil engineer, showing:

1. North arrow, equivalent horizontal and vertical scales, elevations referenced to an established point, date and name of preparer,

2. Location of existing and proposed buildings on site and within one hundred feet of site boundaries and location of existing and proposed streets, driveways and easements on site,

3. Boundaries of the site to be graded,

4. Limits of the area(s) to be graded and the locations, dimensions and slopes of cuts and fills,

5. Present (existing grade) and proposed (finished grade) contours at one foot intervals where slopes are up to five percent, two foot intervals where slopes are over five percent but less than twenty-five percent, and five foot intervals where slopes are twenty-five percent or greater, with an accuracy of at least ninety percent within two feet,

6. Calculations of cubic yards of excavation and fills,

7. Profiles and cross-sections sufficient to show the relationship of existing and proposed structures to existing and proposed contours,

8. Location, size and species of all trees on site indicating those to be removed and any tree on adjacent property within twenty-five feet of any grading operations,

9. Existing and proposed drainage features and detailed plans for any proposed drainage structures,

10. Plans for erosion control during and after grading including planting, cribbing, terraces, sediment retention structures, and other such means of control;

E. Plans and specifications for vegetation of the graded area to control erosion and restore the appearance of the site including:

1. Interim erosion and sediment control plan pursuant to MMC 9.45.260,

2. Final erosion and sediment control plan pursuant to MMC 9.45.270, and

3. Final landscaping and irrigation plan pursuant to MMC 9.45.090(C);

F. The above required plans and specifications for revegetation shall include, as a minimum, the following information:

1. Location, size and variety of proposed plants,

2. Proposed methods of planting and maintenance,

3. Schedule for installation;

G. The date the proposed grading is expected to start and to be completed, and the schedule for construction of sediment and erosion control structures;

H. The number, types and sizes of trucks and other equipment to be used for work on the site and for hauling material off site and the proposed truck routes;

I. The location of any temporary storage areas for fill material;

J. Detailed engineering specifications and drawings of retaining walls, drainage structures or other site improvements as required by the director of public works or his/her designee based on the recommendations of the department staff and/or the city geologist;

K. Protection plans for all trees to be retained;

L. Topsoil stockpile areas;

M. An equipment maintenance area complying with BMPs, SWPPP and NPDES requirements. (Ord. 693, § 1; 1976 Code § 9-9.080).

9.45.090 Information which may be required.

The director of public works or his/her designee may require additional information as part of an application for a grading permit when he/she finds additional information is necessary to evaluate the proposed grading for conformity with the purposes of this chapter. Such additional information may include, but is not limited to:

A. Geotechnical investigation report prepared by a geotechnical engineer;

B. Engineering geology investigation report prepared by an engineering geologist;

C. Final landscaping and irrigation plan described as landscape documentation package in Section 492(b) of the Model Water Efficient Landscape Ordinance (California Code of Regulations, Title 23, Division 2, Chapter 2.7) as required by MMC 8.45.040, Landscaping. The package, when required, shall be prepared by a licensed landscape architect, and shall include, in addition to the information required by the Model Ordinance, the following:

1. Preparation in accordance with requirements of MMC 8.45.040, Landscaping. This section requires, among other things, use of native or drought-resistant plants and use of water application systems controlled to apply water efficiently (e.g., drip irrigation and low delivery spray nozzles),

2. Details of plantings to control erosion and restore appearance of graded surfaces or to screen graded slopes or retaining structures,

3. Methods of planting including a description of soils preparation, fertilization and maintenance of both plantings and slopes until uniform coverage is achieved,

4. Evaluation of effect of plants at mature height on views and solar access to and from the site and adjacent properties,

5. Statement regarding the time to produce uniform coverage of slopes, and

6. Details not shown on other plans of any site improvements such as retaining walls, irrigation systems and drainage features.

D. A report by an arborist that describes the location, size, species and condition of all trees on the project site and trees within twenty-five feet of any grading operations, and to what degree construction and grading activity might impact the trees. The report shall also include preventative and remedial recommendations to limit the impacts of construction and grading;

E. An excavation or fill plan detailing on a topographic site plan how access will be provided to the site for grading equipment, delimiting the maximum extent of ground disturbance and excavation necessary during the grading operation, and showing any temporary shoring or other ground stabilization measures proposed during grading;

F. Investigations and reports as may be required to determine if any environmental contamination exists and related information, as needed, to determine requirements for any proper procedures to handle and/or dispose of any contaminated materials or substances. (Ord. 693, § 1; 1976 Code § 9-9.090).

9.45.100 Grading permit application review by director of public works or his/her designee.

The director of public works or his/her designee shall review the application and refer it to other staff members and consultants for comment as deemed necessary. The director shall approve the grading plans and permit application, with any conditions needed to accomplish the purposes of this chapter, upon making the following findings:

A. The proposed grading will not endanger the stability of the site or any adjacent properties or pose a significant ground movement hazard to adjacent properties;

B. The proposed grading will not significantly increase erosion or flooding affecting the site or other properties, and will not degrade riparian habitats, stream channel capacity or water quality;

C. The proposed grading is necessary to allow reasonable use of the site;

D. The proposed grading, when completed, will result in a site that is visually compatible with the surrounding land and accommodates any required off-street parking and retaining wall landscaping;

E. The proposed grading will meet the standards and specifications in this chapter;

F. For applications requiring geologic and/or geotechnical investigations, the director of public works or his/her designee and the applicant’s geotechnical engineer and/or engineering geologist shall find that the form of vehicular access and methods of excavation are the simplest and least intrusive possible to obtain the geologic information required by the city;

G. The grading permit is conditioned on issuance of a hauling permit, if required;

H. The design of the project preserves existing protected trees on the site and trees on adjoining property to the extent possible;

I. Arborist recommendations for retained trees are incorporated into the grading plans;

J. For sites greater than one acre in size, evidence that the applicant has filed an application and received necessary approval from the San Francisco Bay Regional Water Quality Control Board (RWQCB).

If the director of public works or his/her designee cannot make all of these findings, the application shall be denied. (Ord. 693, § 1; 1976 Code § 9-9.100).

9.45.110 Issuance of a grading permit.

Following approval of a grading plan and permit application under MMC 9.45.100, a grading permit shall be issued by the director of public works or his/her designee subject to the following conditions:

A. For a project requiring both a grading permit and a building permit, the two shall be issued simultaneously. Exceptions to this general provision may be granted by the director of public works or his/her designee upon making one of the following findings:

1. The applicant will suffer undue hardship consisting of loss of use of his or her property,

2. The impacts of grading such as erosion, vegetation disturbance and visual scarring will be reduced by permitting grading before a building permit is approved, or

3. All planning entitlements pertaining to the use and construction of the entire site, including the grading plan, have been approved by the city, and the applicant has satisfied all the application requirements for a grading permit, paid the required fees and posted the required bonds;

B. A grading permit to prepare a site for development of a new subdivision shall be issued only after the final subdivision map has been approved and recorded and the improvement plans approved by the director of public works or his/her designee have been filed with the city;

C. The proposed schedule allows sufficient time to complete the grading before the onset of wet weather (See MMC 9.45.120).

Notwithstanding, a grading permit shall not be issued until fees and deposits as required by MMC 9.45.350 have been paid, the cash deposit and surety bonds as required by MMC 9.45.360 have been deposited and certificates of insurance and executed release as required by MMC 9.45.370 have been filed with the city. (Ord. 693, § 1; 1976 Code § 9-9.110).

9.45.120 Grading inspections.

The building official, on behalf of the director of public works or his/her designee, will inspect work in progress and stop work that is not in accordance with the approved plans. The city geologist will inspect as requested by the director of public works or his/her designee. Approved grading plans and grading permit will be kept at the site. The permittee will notify the department of public works forty-eight hours in advance of when the property will be ready for a required inspection. Grading inspections by the department of public works or their designee shall include at least the following:

A. Initial – Before grading commences and after construction stakes have been set;

B. Rough grading – When all rough grading has been completed;

C. Final – When all work has been completed and the final report has been submitted including:

1. As-graded plan prepared by the project civil engineer,

2. Any required soil grading report(s) prepared by the project geotechnical engineer,

3. Any required geologic grading report(s) prepared by the project engineering geologist, and

4. Any required report(s) prepared by an arborist. (Ord. 693, § 1; 1976 Code § 9-9.120).

9.45.130 Weather limitations.

Grading shall neither be initiated nor continued during the winter rain period between November 15th and April 15th except under one or more of the following conditions as determined solely by the director of public works or his/her designee:

A. Grading is for emergency purposes;

B. Grading is for a geologic or geotechnical investigation required by the city; or

C. Grading may be initiated or continued during the winter rain period if all the following conditions can be met:

1. All necessary erosion and sediment control structures are in place,

2. The risk to the community if permitting the grading is less than that in prohibiting it,

3. A cash deposit of two thousand five hundred dollars, or such greater amount as deemed appropriate by the director of public works or his/her designee, has been deposited with the city to cover any potential cleanup, erosion control or restoration costs,

4. A fee levied in accordance with the city’s fee schedule is paid to cover staff time for application processing and field inspections. (Ord. 693, § 1; 1976 Code § 9-9.130).

9.45.140 Hours and days of operation.

All grading shall be done between the hours of seven-thirty a.m. and seven p.m., Monday through Friday, and eight a.m. to six p.m. Saturday, Sunday and holidays, unless otherwise specifically authorized by the director of public works or his/her designee. (Ord. 693, § 1; 1976 Code § 9-9.140).

9.45.150 Haul routes.

A. All hauling of equipment or materials into and out of the project site shall be made along a specific haul route approved by the director of public works or his/her designee. Vehicles found not following approved haul routes are subject up to and including revocation of the grading permit, police citation, and banishment from the project site.

B. Damage to streets, sidewalks, infrastructure or any other city facilities shall be repaired as directed by the director of public works or his/her designee and the costs of such repair shall be paid by the person(s) to whom the haul permit has been issued. (Ord. 693, § 1; 1976 Code § 9-9.150).

9.45.160 Dust and dirt control.

All grading surfaces shall be wetted to prevent nuisance from blowing dust on city streets or adjacent properties. When required by the director of public works or his/her designee, water-sprinkling equipment shall be maintained on the site during grading. All site haul routes must be oiled or treated frequently enough to contain earth materials and dust on site and to prevent windblown deposit of dust on city streets or adjacent properties. All designated haul routes must be swept, cleared, and washed as deemed necessary by the director of public works or his/her designee. All storm water inlets along designated haul routes must be protected to prevent foreign objects other than rainwater from entering. (Ord. 693, § 1; 1976 Code § 9-9.160).

9.45.170 Cut and fill slopes.

The slope of cut or fill surfaces shall be no steeper than safe for the intended use and shall be no steeper than two horizontal to one vertical, unless a geotechnical engineer or an engineering geology report approved by the city states that a cut or fill at a steeper slope will be stable, will not increase erosion, will not cause drainage problems and will not otherwise create a hazard to public or private property. A flatter slope may be required if a geotechnical engineering or engineering geology report approved by the director of public works or his/her designee states that a two horizontal to one vertical slope may be unstable, increase erosion, cause drainage problems or otherwise create a hazard to public or private property. (Ord. 693, § 1; 1976 Code § 9-9.170).

9.45.180 Fills.

A. Fill Location. No fills shall be constructed on natural slopes of two horizontal to one vertical or steeper;

B. Fill Materials. All fill shall be earth, rock or other natural inert material containing no organic or metal debris, except topsoil spread on graded surfaces may incorporate humus for moisture retention. No rocks or similar irreducible material with a maximum dimension greater than six inches shall be buried or placed in fills, except, the director of public works or his/her designee may permit the placement of larger rock when a geotechnical engineer properly devises a method of placement, continuously inspects the placement and approves the fill stability. The following conditions shall also apply:

1. Prior to issuance of the grading permit, potential rock disposal area shall be delineated on the grading plan,

2. Rock sizes greater than six inches in maximum dimension shall be placed ten feet or more below finished grade, measured vertically,

3. All voids around rocks are to be filled with properly compacted, approved fill material;

C. Ground Preparation. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other unstable materials, and by scarifying to provide a bond with the new fill;

D. Benches. Where slopes are steeper than five horizontal to one vertical and the height is greater than five feet, the ground shall be prepared for fill by benching into sound bedrock or other competent material as determined by a geotechnical engineer or engineering geologist to the satisfaction of the director of public works or his/her designee and the city geologist. The bench under the toe of a fill shall be at least eight feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. Where fill is to be placed over a cut, the cut must be made before placing fill and approved by the permittee’s geotechnical engineer or engineering geologist as a competent and suitable foundation for the intended fill. (Ord. 693, § 1; 1976 Code § 9-9.180).

9.45.190 Compaction of fills.

Fills intended to support structures or otherwise required to be stable shall be compacted, inspected and tested in accordance with the following provisions:

A. Unless otherwise directed by the director of public works or his/her designee, the fill shall be spread in series of layers, each not exceeding six inches in thickness and compacted by sheeps-foot roller or other approved method after each layer is spread;

B. All portions of fills required to be compacted shall be compacted to a minimum of ninety percent relative compaction, or such other degree of compaction specified in the geotechnical engineer’s report, as determined by ASTM D-1557-70;

C. The moisture content of the fill material shall be controlled at the time of spreading and compacting to obtain the required relative compaction;

D. A written report prepared by a geotechnical engineer of the compaction tests showing location and depth of test holes, materials used, moisture conditions, recommended soil bearing pressures and relative compaction obtained from all tests shall be submitted by the permittee and approved by the director of public works or his/her designee;

E. When, in his or her opinion, site conditions or materials warrant, the director of public works or his/her designee may require additional tests and information, or delete any requirements contained in this section. (Ord. 693, § 1; 1976 Code § 9-9.190).

9.45.200 Backfilling.

All trenches or excavations made in any slope of an excavated or filled site shall be backfilled to the level of the surrounding grade. Such backfill shall be compacted to the original density of the excavated materials, but in no case less than ninety percent relative compaction, or such other degree of compaction specified in the geotechnical engineer’s report, as determined by ASTM D-1557. (Ord. 693, § 1; 1976 Code § 9-9.200).

9.45.210 Stability of cut slopes.

No cut exceeding five feet in depth shall be permitted unless a geotechnical or engineering geology report, prepared by a geotechnical engineer or engineering geologist, concludes that the cut will not imperil the stability of the site or adjacent sites. (Ord. 693, § 1; 1976 Code § 9-9.210).

9.45.220 Setbacks.

The setbacks specified in this section are minimums and may be increased by the director of public works or his/her designee when larger setbacks are found necessary for safety or stability or to prevent damage to adjoining properties from deposition or erosion or to provide access for maintenance of the slope and slope drainage. Required setbacks are:

A. Setbacks from Property Lines. The tops of cuts and toes of fills shall be set back from the outer boundaries of the site as shown in Figure 1A;

B. Setbacks from Structures. The tops of cuts and toes of fills shall be set back from the structures as shown in Figure 1B;

C. Setbacks from Stream Channels. Toes of fills or structures shall be set back from top of stream banks as shown in Figure 2;

D. Setbacks from structures to known fault lines shall be approved by the city geologist. (Ord. 693, § 1; 1976 Code § 9-9.220).

9.45.230 Finished cuts and slopes.

The finished surface of cuts or fills shall be smoothly graded. No such fill or cut slope shall exceed a vertical height of fifteen feet unless specifically approved by the director of public works or his/her designee. If finished cut or fill slopes in excess of fifteen feet are permitted, intercepting drains or terraces are required as provided in MMC 9.45.240. All surface waters accumulated by such drains and terraces shall be conducted to an approved point of discharge. Any such terrace or intercepting drain shall be designed to prevent overflow, which may cause erosion. All cut or fill slopes subject to erosion shall be protected by approved planting, curb walls, terracing or a combination thereof. (Ord. 693, § 1; 1976 Code § 9-9.230).

9.45.240 Drainage and terracing.

Adequate provisions shall be made to prevent any surface waters from damaging the cut face of an excavation or any portion of a fill. All drainage ways and structures shall carry surface waters, without producing erosion, to the nearest practical street storm drain or natural water course approved by the director of public works or his/her designee as a safe place to deposit and receive such waters. The director of public works or his/her designee may require such drainage structures to be constructed or installed as necessary to prevent erosion, or to prevent saturation of the fill or material behind cut slopes. Drainage structures shall be provided which are adequate to dispose of surface waste or debris during grading. (Ord. 693, § 1; 1976 Code § 9-9.240).

9.45.250 Erosion control.

The faces of cut and fill slopes shall be treated and maintained to control against erosion during and after grading in accordance with the approved interim plan and final plan, if required. Erosion control may consist of effective planting, berms, silt basins, check dams, terraces, crib walls, detention basins and other such measures, which have been approved by the director of public works or his/her designee. Erosion control shall be completed within thirty days of cessation of grading work or prior to October 15th, whichever occurs earlier. Erosion control must be maintained throughout the winter season from October 15th to April 15th. (Ord. 693, § 1; 1976 Code § 9-9.250).

9.45.260 Interim erosion and sediment control plan (interim plan).

All the following information shall be provided with respect to conditions existing on the site during grading activities:

A. Maximum surface runoff from the site shall be calculated using the method approved by the director of public works or his/her designee;

B. The interim plan shall also contain the following information:

1. A delineation and brief description of the measures to be taken to retain sediment on the site, including, but not limited to, the designs and specifications for sediment detention basins and traps, and a schedule for their maintenance and upkeep,

2. A delineation and brief description of the surface runoff and erosion control measures to be implemented, including, but not limited to, types and methods of applying mulches, and designs and specifications for diverters, dikes and drains, and a schedule for their maintenance and upkeep, and

3. A delineation and brief description of the vegetative measures to be used, including, but not limited to, types of seeds and fertilizer and their application rates, the type, location and extent of pre-existing and undisturbed vegetation types, and a schedule for maintenance and upkeep;

C. The location of all the measures listed by the applicant under subsection (B) of this section shall be depicted on the grading plan, or on a separate plan at the discretion of the director of public works or his/her designee;

D. An estimate of the cost of implementing and maintaining all interim erosion and sediment control measures must be submitted in a form acceptable to the director of public works or his/her designee;

E. The applicant may propose the use of any erosion and sediment control techniques in the interim plan, provided such techniques are proven to be as or more effective than the equivalent best management practices contained in the Manual of Standards for Erosion and Sediment Control Measures, Association of Bay Area Governments (ABAG), May 1995, and the Erosion and Sediment Control Field Manual by the California Regional Water Quality Control Board, San Francisco Bay Region. (Ord. 693, § 1; 1976 Code § 9-9.260).

9.45.270 Final erosion and sediment control plan (final plan).

All the following information shall be provided with respect to conditions existing on the site after final structures and improvements have been completed:

A. Maximum runoff from the site shall be calculated using the method approved by the director of public works or his/her designee;

B. The final plan shall also contain the following information:

1. A description of and specification for sediment retention devices and their maintenance schedules,

2. A description of and specification for surface runoff and erosion control devices and their maintenance schedules,

3. A description of vegetation measures, and

4. A graphic representation of the location of all items in subsections (B)(1) through (3) of this section;

C. An estimate of the costs of implementing all final erosion and sediment control measures must be submitted in a form acceptable to the director of public works or his/her designee;

D. The applicant may propose the use of any erosion and sediment control techniques in the final plan provided such techniques are proven to be as or more effective than the best management practices contained in the ABAG manual of standards. (Ord. 693, § 1; 1976 Code § 9-9.270).

9.45.280 Planting for erosion control.

Wherever groundcover, shrubs, trees or other vegetation have been removed pursuant to a grading permit, the permittee shall restore and maintain approved drought-tolerant ground cover or other erosion control measures as required by the permit. The director of public works or his/her designee may require the planting of interim ground cover if necessary to prevent erosion during the period from initial grading to the construction of any buildings and reestablishment of permanent landscaping. When slopes too steep to support continuous groundcover are permitted, screening shall be accomplished by placing vines and planting in niches and ledges set in slopes. Cuts and fills along public roads, roadside trails or paths may be required to be landscaped to blend into natural surrounding. All plant materials to be used shall be specified by the permittee and approved by the director of public works or his/her designee. (Ord. 693, § 1; 1976 Code § 9-9.280).

9.45.290 Protected trees.

Protected trees shall be preserved whenever possible. Protected trees shall be protected from damage before, during and after grading per the recommendations of the project arborist. (Ord. 693, § 1; 1976 Code § 9-9.290).

9.45.300 Blasting.

No blasting shall be permitted on the site without a special permit from the fire department and the director of public works or his/her designee. (Ord. 693, § 1; 1976 Code § 9-9.300).

9.45.310 Retaining wall design.

All retaining walls visible from public rights-of-way which are greater than three feet in height shall be of such a design as to conform with the natural setting and surroundings by meeting the following standards:

A. Retaining walls shall be of a medium to dark earth tone color;

B. Retaining walls shall be articulated in either a vertical or horizontal plane, e.g., advancing and receding vertical faces of walls or articulated top of wall;

C. The materials of the walls shall not be wire cut concrete block or similar materials unless exposed surface is given an appropriate architectural treatment to provide a rough surface; and

D. Materials to be used shall provide a rough texture such as natural stone, brick veneer, fluted or split face stone, crib block or similar materials. (Ord. 693, § 1; 1976 Code § 9-9.310).

9.45.320 Suspension, restoration and revocation of permit.

A. Any permit issued under the provisions of this chapter shall be suspended by the director of public works or his/her designee upon finding that the terms of the permit are being violated. The suspension shall be in writing and the permittee shall stop all work immediately upon receiving such notification.

B. The director of public works or his/her designee may determine that the violations of the terms of the permit have been remedied and restore a suspended permit, requiring as a condition of such restoration any measure found necessary to compensate for or repair any damage resulting from the violation of the terms of the permit.

C. A suspended permit may be permanently revoked by the director of public works following written notice to the permittee. A permittee or applicant may appeal the revocation to the board of appeals. To do additional grading, the holder of a revoked permit must file a new application for a grading permit.

D. Regardless of the existence of a permit or not, the director of public works or his/her designee may order that all work be stopped to protect the public health, safety or welfare, including the likelihood of unforeseen damage to other private or public property and/or harm to persons. The director of public works or his/her designee may authorize the work to proceed if adequate safety measures can be taken to protect against risks to the public health, safety or welfare. The director of public works or his/her designee is also authorized in emergency situations to enter the property and install at the expense of the property owner undertaking the grading whatever safety measures he/she deems to be immediately necessary to protect other property or persons. (Ord. 693, § 1; 1976 Code § 9-9.320).

9.45.330 Expiration of permit.

A grading permit will expire if grading has not begun within six months of issuance or is not completed within one year of starting work or is not completed according to a schedule approved as a part of the permit. (Ord. 693, § 1; 1976 Code § 9-9.330).

9.45.340 Transfer of permit.

A grading permit may be transferred to another person upon written notification to and approval of the director of public works or his/her designee. The new permittee shall file a written certification with the director of public works or his/her designee that he/she is willing and able to accept responsibility for any grading already undertaken and to meet all of the permit conditions. (Ord. 693, § 1; 1976 Code § 9-9.340).

9.45.350 Fees and deposits.

Filing fees shall be as established by resolution of the city council and as amended from time to time. The filing fee shall be set to cover the cost to the city, which may include costs to review and investigate the application and inspect the work. (Ord. 693, § 1; 1976 Code § 9-9.350).

9.45.360 Security requirements.

A. Prior to being issued a grading permit, the applicant shall deposit with the director of public works or his/her designee a security in an amount deemed sufficient by the director of public works or his/her designee to guarantee that all conditions and requirements of the grading permit will be carried out and that all improvements including landscaping and landscaping maintenance will be carried out during the time periods specified in the permit.

B. The security shall be one of the following, subject to the approval of the city attorney and furnish on forms furnished by or satisfactory to the city attorney:

1. A performance bond by one or more duly authorized corporate sureties,

2. An irrevocable standby letter of credit or certificate of deposit issued by a responsible financial institution with the city of Millbrae named as beneficiary,

3. Cash or equivalent as acceptable to the director of public works or his/her designee.

C. The security shall be released to the permittee upon satisfactory completion of all work required by the grading permit. (Ord. 693, § 1; 1976 Code § 9-9.360).

9.45.370 Insurance.

Prior to being issued a grading permit, the applicant shall file with the director of public works or his/her designee a certificate of a responsible insurance company showing that the permittee is insured in an amount deemed sufficient by the director of public works or his/her designee against any loss or damage to persons or property arising directly or indirectly from the operations of the applicant, or any person acting in or on behalf of the applicant, in carrying out the operation connected directly or indirectly with the grading for which a permit is issued. The certificate of insurance shall list the city of Millbrae as a holder of the certificate so that notification of cancellation will be sent to the city if the policy is canceled for any reason. The permittee shall also file with the director of public works or his/her designee an executed release in which the applicant acknowledges all conditions of approval and that the permittee shall indemnify, hold harmless and defend the city from any and all claims or causes of action arising either directly or indirectly from the operations of the applicant or any person acting in or on behalf of the permittee, in carrying out the operations connected directly or indirectly with the grading for which the permit was issued. (Ord. 693, § 1; 1976 Code § 9-9.370).

9.45.380 Appeal of the decision of director of public works or his/her designee.

A. The board of appeals shall be made up of three city engineers from outside the city or other qualified individuals that have experience as it relates to grading to hear appeals of the director of public works or his/her designee’s decisions, determinations or conditions as they pertain to this chapter.

B. An applicant may file an appeal to the board of appeals of any decision, determination or condition of the director of public works or his/her designee by filing a written notice with the city clerk within ten days after the date of the decision, determination or condition. The written notice shall set forth in detail the action and the grounds upon which the appellant deems himself/herself aggrieved. The notice shall also specify the section(s) of this chapter that have been allegedly violated by the action taken by the director of public works or his/her designee.

C. The city clerk shall report the filing of such notice of appeal to the director of public works or his/her designee. The director of public works or his/her designee shall submit a written report to the board of appeals concerning the decision, determination or conditions imposed by him/her.

D. Subject to the requirements of the Brown Act (commencing with California Government Code Section 54950), the director of public works or his/her designee shall calendar the appeal hearing on the agenda of the board of appeals meeting to be scheduled at least ten days but not more than thirty days following the date of filing of the appeal. Such appeal hearing may be continued for good cause as determined by the board of appeals. Upon hearing the appeal, the board of appeals may overrule or modify the decision, determination or condition that was the subject of the appeal and will enter a written order that rules on the appeal in a manner that is in harmony with the spirit and purpose of this chapter within ten days of the completion of the appeal hearing. The board of appeal’s disposition of the appeal shall be final and unappealable except to a court of law. (Ord. 693, § 1; 1976 Code § 9-9.380).

9.45.390 Violations and penalties.

Any violation of this chapter may be charged and prosecuted as provided in Chapter 1.05 MMC, Penalty Provisions. (Ord. 693, § 1; 1976 Code § 9-9.390).

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