The purpose of Chapters 16.96 through 16.99 (Grading and Erosion Control) of this Title 16 is to establish minimum requirements for the grading of properties both in hillside and other environments. These requirements are intended to minimize hazards affecting people and properties from adverse slope, erosion, and drainage conditions; protect the integrity and diversity of natural environments, and the animals living in these environments; and preserve and enhance the scenic qualities and aesthetic character of the city.

(Ord. 1103, passed 3-7-05)

   (A)   The provisions of Chapters 16.96 through 16.99 (Grading and Erosion Control) of this Title 16 apply to all excavation, fill, or other grading activities regardless of whether a grading permit is required, unless alternate grading and erosion control standards have been established for a particular site through the adoption of a specific plan.

   (B)   Every map approved pursuant to this Title 16 will be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off-site property, as set forth in the Building Code.

   (C)   The provisions of Chapters 16.96 through 16.99 (Grading and Erosion Control) of this Title 16 will not apply to work accomplished under the auspices of, or on land owned or controlled by, the United States of America or by the State of California.

(Ord. 1103, passed 3-7-05)

      (1)   An excavation which does not exceed 50 cubic yards or is less than two feet in depth, or which does not create a cut slope greater than five feet in height and steeper than 2:1, unless the cut slope is made in an area of adverse geological conditions.

      (2)   A fill less than one foot in depth and placed on natural terrain with a slope flatter than 5:1, or a fill less than three feet in depth not intended to support structures, provided such fill does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course.

      (3)   Excavations below the finished grade for basements and footings of buildings, retaining walls, swimming pools, or other structures authorized by a valid building permit. This will not exempt any fill made with materials from such excavations or exempt any excavation having an unsupported height greater than five feet after the completion of such structures.

      (4)   Mining, quarrying, excavating, processing, and the stockpiling of rock sand, or gravel aggregate or clay, provided a valid surface mining permit has been issued by the city pursuant to Chapters 16.100 through 16.104 (Surface Mining and Reclamation) of this Title 16.

      (5)   The depositing of rubbish or other materials at any dump or sanitary landfill approved by and operating pursuant to the requirements, rules, and other applicable local, state, and federal regulations. Such exemption will not extend, however, to surrounding berms, permanent access roads to the site, permanent building sites, or protective drainage works.

      (6)   The construction of dams or reservoirs regulated or owned by the state and the federal governments.

      (7)   The temporary stockpiling of quarried or mined products or earth for future processing, disposal, or sale, but only insofar as such operations are conducted at a distance of more than 100 feet inside the outer property line of any parcel of land held in a single ownership, and further provided such stockpiling is authorized by applicable land use permits.

      (8)   Fanning and agricultural grading operations on parcels in a single ownership which are

larger than ten acres, and are zoned and used primarily for agricultural and/or soil and water conservation work under the direct control of the United States Department of Agriculture Soil Conservation Service. Fanning and agricultural grading operations will not be interpreted to include:

         (a)   The construction of water- impounding structures of earth (which are not under the direct control of the United States Department of Agriculture Soil Conservation Service), where the maximum depth to which water is or may be impounded is five feet or greater, or

         (b)   The excavation and/or filling of earth on which a structure requiring a building permit is to be supported.

      (9)   Grading operations conducted by the city for capital improvement projects approved by the Council.

      (10)   Exploratory borings and trenches made for soil engineering and engineering geological investigations.

      (11)   Routine excavations and fills for cemetery graves.

      (12)   Any grading operation conducted during a period of emergency or disaster and which is directly connected with or related to the relief of conditions caused by such emergency or disaster.

(Ord. 1103, passed 3-7-05)

      (1)   A vicinity sketch or other data adequately indicating the site location.

      (2)   The property lines and dimensions and bearings of the property on which the work is to be performed.

      (3)   The location of any existing buildings or structures on the property where the work is to be performed, and the location of any building or structure on the land of adjacent property owners, where such building or structure is within 50 feet of the property boundary.

      (4)   Identification of any tree or trees protected by the provisions of Chapter 16.232 (Tree Removal Permit) of this Title 16, including those trees for which removal has been expressly allowed. The location of such trees must be precisely depicted on the plan, indicating the location of the exact center of the trunk, based upon a field survey by a licensed surveyor. Trees to remain must be permanently marked with numbered tags at a location three feet above the natural grade in a manner acceptable to the Public Works Director. The plan must indicate such tag number for each tree, the diameter of the trunk of each tree, the existing ground elevation of the downhill side of the tree, a specific reference to its habit of branching (i.e., low branching restricting movement to the southeast), and the ground plane projections the natural drip line of the tree, as determined by a physical survey. The plan must indicate the proposed disposition of each such tree.

      (5)   Accurate topography showing suitable contours of the existing ground. The contours must be extended past the boundary lines of any project for a minimum of 100 feet. The City Engineer or Building Official may require the contours to be extended to include the watershed area and all other areas influencing the proposed development.

      (6)   The deviations, dimensions, locations, extent, and slopes of all proposed grading, shown by contours or other means.

      (7)   A certification of the quantity and type of material of the excavation and fill involved, and the estimated starting and completion dates.

      (8)   Detailed plans of all drainage devices, walls, cribbing, dams, or other protective devices to be constructed in connection with or as a part of the proposed work, together with a map showing the drainage area and estimated runoff of the area served by the drains. All hydrologic and hydraulic calculations must be signed by a civil engineer.

      (9)   Any special reports, such as geotechnical, soils, or groundwater, required by the City Engineer or Building Official.

      (10)   An indication as to the type of structure to be constructed or proposed use of the site, such as single-family residence, multiple-family residence, or commercial or industrial building.

      (11)   Any additional plans, drawings, or calculations required by the City Engineer or Building Official to facilitate review of the grading plan.

(Ord. 1103, passed 3-7-05)

      (1)   The proposed grading conforms to all applicable requirements set forth in Chapters 16.96 through 16.99 (Grading and Erosion Control) of this Title 16;

      (2)   The proposed grading conforms with all applicable provisions of the General Plan, any applicable specific plan, and any applicable associated discretionary approval issued pursuant to this Title 16;

      (3)   Any permits required by county, state, or federal agencies for the proposed grading have been obtained;

      (4)   Appropriate environmental review pursuant to the California Environmental Quality Act has been completed;

      (5)   The proposed grading will not endanger any private property or present hazards to human life;

      (6)   The proposed grading will not result in the deposit of debris on any public property, create erosion hazards, or interfere with any existing drainage course; and

      (7)   The proposed grading will achieve the city's aesthetic goals for protection of viewsheds and scenic resources.

      (1)   The improvement of any existing grading to bring it up to the standards of this chapter;

      (2)   Requirements for the fencing of excavations or fills which would otherwise be hazardous;

      (3)   Control of dust, erosion, water runoff, noise, and construction traffic;

      (4)   Protection of trees pursuant to the provisions of Chapter 16.232 (Tree Removal Permit) of this Title 16; and

      (5)   Mitigation of any adverse environmental impacts identified through associated CEQA documentation.

(Ord. 1103, passed 3-7-05)

   A grading permit will not be issued until the permittee posts with the office of the City Engineer or Building Official a bond or cash deposit to insure compliance with the provisions of Chapters 16.96 through 16.98 (Grading and Erosion Control) of this Title 16 and all conditions imposed on behalf of the city.

(Ord. 1103, passed 3-7-05)

      (1)   Once a grading permit has been issued, the permittee must fully perform and complete all of the approved work pursuant to the grading permit within the time limit specified in the permit. Once grading has commenced, it must be pursued with diligence so as to complete the operation within a reasonable period of time.

      (2)   If there is a cessation of grading activity for a period in excess of 60 days, the city may utilize the bonds posted to guarantee performance to complete the grading. The cessation of grading activity between November 1 and April 15 due to heavy rainfall will not be cause for the city to utilize the bonds to complete the grading.

(Ord. 1103, passed 3-7-05)

   (A)   The City Engineer, the Building Official, the Planning Director, the City Council, and the surety company, or their duly authorized representatives, must have access to the premises described in the grading permit for the purposes of inspecting progress of the work. In the event of default in the performance of any term or condition of the permit, the surety, or any person employed or engaged in his or her behalf, must have the right to go upon the premises to complete the required work, including installation of temporary erosion control devices and landscaping as required by the provisions of Chapters 16.96 through 16.99 (Grading and Erosion Control) of this Title 16.

   (B)   It will be unlawful for the owner or any other person to interfere with the ingress or egress from such premises of any authorized representative or agent of any surety company or the city engaged in the work ordered by the City Engineer, Building Official or the City Council.

(Ord. 1103, passed 3-7-05)

by the grading permit, including the installation of a drainage structures, has been satisfactorily completed in accordance with the requirements of Chapters 16.96 through 16.99 (Grading and Erosion Control) of this Title 16, a grading certificate covering such work will be issued to the permittee by the City Engineer.

      (1)   A report from a registered civil engineer certifying that all grading, lot drainage, and drainage facilities have been completed in conformance with the approved plans and the provisions of Chapters 16.96 through 16.99 (Grading and Erosion Control) of this Title 16 and that the graded site will support residential or commercial type structures, whichever is applicable;

      (2)   A soils engineering report including, but not limited to, certification of the soil bearing capacity, summaries of field and laboratory tests, locations of tests, expansive soil classification lot by lot, and slope tests taken in the fills showing the limits of compacted fill on an "as built" grading plan;

      (3)   An engineering geology report by the engineering geologist, based on the final contour map, including specific approval of the grading as affected by geological factors. Where necessary, a revised geologic map, cross sections, and any recommendations necessary must be included; and

      (4)   When "as built" grading plans are required, as determined by the City Engineer, such plans must be signed by the supervising civil engineer, the soils engineer, and the engineering geologist, when applicable, for their portions of the work.

(Ord. 1103, passed 3-7-05)