Vacaville City Zoning Code
Division 14.19
GRADING
§ 14.19.240.010 Title.
This division shall be known as the "Grading, Erosion, and Sediment Control Ordinance" of the City of Vacaville, and may be so cited.
(Ord. 1720, Amended, 09/13/2004; Ord. 1985, Amended, 07/25/2023)
§ 14.19.240.020 Purpose and Scope.
A.
This division is enacted to regulate grading on property within the City limits of the City of Vacaville in order to accomplish the following purposes:
1.
To safeguard life, limb, health, property, environment, and natural resources and to promote the public welfare; however, this division is not intended to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by its terms;
2.
To ensure that the intended use of the graded site is consistent with the policies of the Land Use and Safety Elements of the General Plan and all applicable City ordinances and regulations;
3.
To establish uniform engineering standards and procedures for grading, soil stabilization, erosion control protection, excavation and earthwork construction, including fills and embankments, and to allow reasonable deviations from these standards;
4.
To establish administrative procedures for the issuance of permits and provide for the approval of plans, specifications, and the inspection of grading construction;
5.
To supplement the grading regulations within the Uniform Building Code;
6.
To avoid the disruption of natural or City authorized drainage flows caused by the activities of clearing and grubbing, grading, filling and excavation of land;
7.
To avoid the degradation or pollution of watercourses with nutrients, sediments, or other materials and/or pollutants generated by new development and redevelopment;
8.
To minimize increases in storm water runoff from development and redevelopment in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion, and to maintain the integrity of stream channels;
9.
To meet the requirements of state and federal law and the City's NPDES General Permit CAS000004 WDRs for storm water discharges from small municipal separate storm sewer systems.
B.
Scope. This division sets forth rules and regulations to control land disturbances, landfill, soil storage, pollution, and erosion and sedimentation resulting from new development and redevelopment, and establishes procedures for the issuance, administration and enforcement of permits for such activities. Except as exempted in Section 14.19.242.010, any grading within the City limits of the City of Vacaville as defined herein shall conform to the provisions of this division and other applicable provisions of the City's Land Use and Development Code.
(Ord. 1720, Amended, 09/13/2004; Ord. 1883, Amended, 06/23/2015; Ord. 1985, Amended, 07/25/2023)
§ 14.19.240.030 Definitions.
To the extent not inconsistent with the Clean Water Act and/or the implementing regulations thereto, the words used in this division in reference to grading actions or policy, erosion or sediment control, unless otherwise defined herein, shall have the meanings assigned to them in the California Building Code as currently adopted. Other general terminology shall have the definitions assigned to them in Division 14.02, Definitions. Defined below are the terms used most frequently throughout this division.
"Applicant"
means any person seeking or receiving a grading permit pursuant to this division;
"Best management practices (BMPs)"
means activities, practices, prohibition of practices, procedures, site design measures, design standards, and source control measures to prevent or reduce the discharge of pollutants and/or soil erosion directly or indirectly to the municipal storm drain system and waters of the United States. BMPs include but are not limited to: treatment facilities to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-storm water, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices and procedures and such other provisions as are contained and or specified in the State Water Resources Control Board NPDES Permit CAS000004 and any subsequent amendments thereto, and such other provisions as the City determines appropriate for the control of pollutants;
"City"
means the City of Vacaville;
"City Council"
means the City Council of the City of Vacaville;
"Civil engineer"
means a professional engineer registered and certified by the state of California;
"Clean Water Act"
means the federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) and any subsequent amendments thereto;
"Compaction"
means the increase of density of a soil or rock fill by mechanical means;
"Construction activity"
means activities subject to National Pollutant Discharge Elimination System (NPDES) General Permit For Storm Water Discharges Associated with Construction and the City's municipal storm water NPDES permit. These include construction or demolition projects resulting in land disturbance. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition;
"Cut (excavation)"
means the removal of naturally occurring materials by manual or mechanical means, and the conditions resulting therefrom;
"Development"
means the building or placement of any structure or portion thereof, including, but not limited to, excavation and grading;
"Earth material"
means any rock, natural soil or fill and/or any combination thereof;
"Embankment (fill)"
means the deposit of soil, rock or other materials placed by artificial means and the conditions resulting therefrom;
"Emergency grading"
means grading that is a response to an occurrence or a situation that involves a clear and imminent danger, requiring immediate action to prevent or reduce the loss or damage to life, health, property or essential public services;
"Engineered grading"
means grading with mechanical equipment in excess of 5,000 cubic yards, and all grading for permanent soil stabilization of a landslide, rockslide, mudflow, debris flow, or other failure of earth or rock, and not of an emergency or maintenance nature;
"Engineering geologist"
shall mean an engineering geologist registered and certified by the state of California;
"Erosion"
means the transport of the ground surface or soil as a result of the movement of wind, water or ice;
"Erosion and sediment control plan (ESC plan)"
means a set of best management practices or equivalent measures designed to control surface runoff and erosion, retain sediment on a particular site, and prevent pollution of site runoff during the period in which preconstruction- and construction-related grading and/or soil storage occur, and before final improvements or permanent structures are completed;
"Erosion control"
means measures that prevent erosion, including, but not limited to, seeding, mulching, vegetative buffer strips, sod, plastic covering, burlap covering, watering and other measures which control the movement of the ground surface or soil;
"Excavation (cut)"
means the removal of naturally occurring materials by manual or mechanical means, and the conditions resulting therefrom;
"Exploratory grading"
means grading for the purpose of determining conditions on a site;
"Export"
means the hauling of natural earth materials from the site;
"Fill (embankment)"
means the deposit of soil, rock or other materials placed by artificial means and the conditions resulting therefrom;
"Finished grade"
means the final elevation of the site which conforms to the approved grading plan. This includes the finished pad elevation of all buildings, and the final elevations of building access, nonbuilding structures, paving and landscaping associated with a project;
"Geologic hazards"
shall mean any condition in earth, whether naturally occurring or artificially created, which is dangerous or potentially dangerous to life, property, or improvements due to movement, failure, or shifting of earth. For the purposes of this division, soil conditions which endanger or potentially endanger life, limb, or property, or natural resources, which, in the opinion of the Building Official, City Engineer, or Director of Public Works, may lead to structural defects in structures located on or adjacent to soils having such conditions, shall be considered geologic hazards. Such geologic hazards include, but need not be limited to, faults, landslides, mudslides, and rockfalls; erosion and sedimentation; subsidence or settlement; and weak, expansive, or creeping soil;
"Grade"
means the elevation of the ground surface as measured from a known vertical control;
"Grading"
means the act or result of digging, excavation, transporting, spreading, deposition, filling, compacting, settling, or shaping of land surfaces and slopes, and other operations performed by or controlled by human activity involving the physical movement of rock or soil;
"Import"
means the hauling of natural earth materials to the site;
"National Pollutant Discharge Elimination System (NPDES) storm water discharge permits"
means general, group, and individual storm water discharge permits which regulate facilities defined in federal NPDES regulations pursuant to the Clean Water Act. The California Regional Water Quality Control Board, Central Valley Region (hereinafter, Regional Board) and the State Water Resources Control Board have adopted general storm water discharge permits, including but not limited to the general construction activity permit, the general industrial activity permit and the general permit for storm water discharges from small municipal separate storm sewer systems under which the City has obtained coverage for its municipal storm water discharges;
"Pad elevation, graded"
means the finished grade elevation of the building pad area for a residential or nonresidential structure and does not include areas for parking, landscaping, or other non-building structure uses;
"Person"
means any person, firm, corporation, business entity, or public agency, whether principal, agent, employee, or otherwise;
"Pollutant"
means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including, but not limited to, sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind;
"Post-construction BMPs"
means structural and nonstructural controls which detain, retain, or treat runoff to minimize the discharge of runoff and pollutants from a development site for the life of the project after final stabilization is attained;
"Post-construction erosion and sediment control plan (PC 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 final structures and permanent improvements have been erected or installed;
"Property owner"
means the legal owner of the property where the grading work is to be done, as shown on the latest equalized assessment roll in the office of the Solano County Assessor;
"Regular grading"
means grading involving 5,000 cubic yards or less or grading of an emergency or maintenance nature and not for permanent correction of a landslide, rockslide, mud flow, debris flow, or other failure of earth or rock;
"Rough grading"
means the stage at which the grade approximately conforms to the approved plans, and structure foundation areas are at plan or subbase foundation grade, or an interim grading stage;
"Runoff"
means surface runoff and drainage related to storm events, snow melt, street wash waters related to street cleaning or maintenance, and other waters associated with new development and redevelopment which are or may be introduced into the storm drain system;
"Sediment"
means any material transported or deposited by water, including, but not limited to, soil debris or other foreign matter;
"Sediment control"
means measures that prevent eroded sediment from leaving the site, including, but not limited to, dikes, sediment detention traps, sediment detention basins, filters, fences, barriers, swales, berms, drains, check dams, and other measures;
"Site"
means a parcel or parcels of real property owned by one or more than one person on which activity regulated by this division is occurring or is proposed to occur;
"Slope"
means an inclined ground surface, the inclination of which may be expressed as the ratio of horizontal distance to vertical distance;
"Soil"
means all earth material of any origin that overlies bedrock and may include the decomposed zone of bedrock which can be excavated readily by mechanical equipment;
"Soils engineer"
means an engineer registered in the state of California as being qualified to practice soils and geotechnical engineering;
"Soils engineering"
means the application of the principles of soil mechanics in the investigation, evaluation, design, and construction of civil works involving the use of earth materials and the inspection and testing of the construction thereof;
"Storm drain system"
means the publicly owned facilities operated by the City by which storm water is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures which are within the City and are not part of a publicly owned treatment works as defined at 40 CFR Section 122.2;
"Storm water"
means any surface flow, runoff, and drainage consisting entirely of water from rain storm events;
"Verification"
shall mean a written document prepared by the civil engineer, soils engineer or engineering geologist, as appropriate, attesting to completion of the work as shown on the approved plans and/or as described in a soils or geotechnical report;
"Watercourse"
means any natural stream, whether flowing continuously or not, that is fed from permanent or natural sources, including, but not limited to, rivers, creeks, runs, swales and rivulets.
(Ord. 1720, Amended, 09/13/2004; Ord. 1800, Amended, 05/13/2008; Ord. 1883, Amended, 06/23/2015; Ord. 1985, Amended, 07/25/2023)
§ 14.19.240.040 Hazards.
Whenever the Building Official, City Engineer, Director of Public Works, or their designees, determine that any existing excavation, embankment, or fill on private property constitutes a condition which could endanger persons or property, or an overhead or underground utility, or any public way, watercourse or drainage channel or swale, or could adversely affect the water quality of any water bodies or watercourses, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice from the Building Official, Director of Public Works or the City Engineer, shall, within the period specified therein, repair, clean up, protect or eliminate such condition so as to eliminate the hazard and be in conformance with the requirements of this division or any state or federal requirements. The Building Official, Director of Public Works or the City Engineer may require the submission of plans, soil or geological reports, detailed construction recommendation, drainage study or other engineering data prior to and in connection with any work or activity proposed or required to correct such condition.
(Ord. 1720, Amended, 09/13/2004; Ord. 1985, Amended, 07/25/2023)
§ 14.19.242.010 Permit Required.
No person shall conduct grading within the City of Vacaville until a grading permit has been issued as specified in this section. The Building Official and the City Engineer are authorized to issue grading permits as follows:
A.
Building Official Authority.
1.
Residential grading where the total volume of earth moved is 5,000 cubic yards or less;
2.
Nonresidential grading where the total volume of earth moved is 5,000 cubic yards or less;
3.
Any nonsubdivision grading that is part of an approved building permit;
4.
Any grading that would affect the foundation of a proposed or existing structure except for grading exempted by subsection C of this section.
B.
City Engineer Authority.
1.
All subdivision grading;
2.
Residential, commercial and industrial grading where the cut or fill vertical elevation difference is greater than five feet from existing ground, or the total volume is more than 5,000 cubic yards, except that which is part of an approved building permit;
3.
Any grading where the total volume is more than 5,000 cubic yards, except that which is part of an approved building permit;
C.
Exceptions. Except as may be required for construction projects resulting in land disturbance of one or more acres, or from construction activity disturbing less than one acre if that activity is part of a larger common plan of development or sale that would disturb one acre or more, no permit shall be required for grading as follows:
1.
Grading, when approved by the Building Official or City Engineer, in an isolated, self-contained area if there is no danger to private or public property; provided, that such grading does not:
a.
Exceed 50 cubic yards;
b.
Occur within a hillside area; and
c.
Involve areas with special land forms.
An exception to subsections C.(1)(a), (b) and (c) of this section may be granted by the Building Official or City Engineer for emergency grading, as defined in Section 14.19.240.030.
2.
An excavation below finished grade for basements and footings of a building, retaining wall, swimming pool, or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than five feet after the completion of such structure;
3.
An excavation which is less than two feet in depth, or which does not create a cut slope greater than five feet in height and steeper than one and one half horizontal to one vertical; provided, that such grading does not exceed 50 cubic yards;
4.
A fill less than one foot in depth and placed on natural terrain with a slope flatter than five horizontal to one vertical, or less than three feet in depth, not intended to support structures, which does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course;
5.
Public improvement projects or grading within public rights-of-way or on City-owned property under the direction of the Director of Public Works or the Director of Community Development. Such grading is, however, subject to all grading standards established in this division with compliance to the standards to be determined by the Director of Public Works;
6.
Exploratory excavations under the direction of soil engineers or engineering geologists, provided all excavations are properly backfilled;
7.
Excavations and backfill for installation of underground utilities by public utilities or companies within public rights-of-way and operating under the authority of a franchise or an encroachment permit;
8.
Maintenance of existing firebreaks and roads to keep firebreak or road substantially in its original condition;
9.
Excavating, processing, stockpiling of soil, 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 pressure upon any adjacent or contiguous property;
10.
Agricultural grading in cases where the Building Official or City Engineer, as appropriate, determines that the proposed grading will not conflict with the purposes and intent of this division; provided, that the grading does not exceed one foot in vertical height and does not involve hillside areas or any special land forms;
11.
Cemetery plots.
Exemptions from the permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this division or any other laws or ordinances of this City.
(Ord. 1555 § 11, 1996; Ord. 1558 § 16, 1996; Ord. 1720, Amended, 09/13/2004; Ord. 1985, Amended, 07/25/2023)
§ 14.19.242.020 Grading Permit Application.
An application for a grading permit shall be submitted to the Building Official or City Engineer as appropriate.
A.
Application. An application shall be submitted on a form specified by the Building Official or the City Engineer, as appropriate, and shall include, but not be limited to, the following:
1.
The plan check fee as specified by resolution of the City Council;
2.
Authorization from the property owner for the work to be performed on the owner's property;
3.
Proof of development approval, pursuant to the subdivision or zoning ordinances within the Vacaville Municipal Code, for any site where the existing slope or proposed graded slope is 10 percent or greater with a minimum vertical change of 25 feet or more, or where the grading involves or abuts any creek or drainage way;
4.
Plans and specifications as required by the Building Official or City Engineer, including electronic files if required by the Building Official or City Engineer.
5.
A soils engineering report or engineering geology report if required by the Building Official or City Engineer;
6.
In the case of construction activity subject to NPDES permitting requirements where construction activity results in land disturbance, an erosion and sediment control plan (ESC plan) which shall include sufficient engineering analysis to show that the proposed erosion and sediment control measures during the period when preconstruction- and construction-related grading activities are to occur are capable of controlling surface runoff and erosion, retaining sediment on the project site, and preventing pollution of site runoff in compliance with the Clean Water Act, this division, and best management practices as specified the City's NPDES General Permit CAS000004 WDRs for storm water discharges from small municipal separate storm sewer systems and in standards and specifications as may be adopted by the City pursuant to Section 14.26.030.010.B. The ESC plan shall include, but is not limited to:
a.
A natural resources map identifying the location of on-site and surrounding watercourses and wetlands, existing and proposed drainage systems, and drainage boundaries and acreages. Additional hydrologic analysis shall be as required by the Building Official or City Engineer as set forth in the City of Vacaville Standard Specifications;
b.
A sequence of construction of the development site, including stripping and clearing, rough grading, construction of utilities, infrastructure, and buildings, and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, and the sequence of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation;
c.
All erosion and sediment control measures necessary to meet the objectives of this division throughout all phases of construction, including, but not limited to, the location, implementation and maintenance schedule of all erosion control measures and sediment control measures to be implemented or constructed prior to, during or immediately after construction. Depending on the complexity of the project, the drafting of intermediate plans may be required at the close of each season;
d.
Where construction will occur between October 1st and April 30th, a certification that the project applicant is prepared for an event which will stop construction, such as rain or snow, that all ESC plan best management practices shall be in place and operating correctly, that housekeeping practices shall be maintained and that the site can be left or abandoned safely for an extended period of time during the rainy season without causing any erosion or sediment control problems. If such a certification is required and has not been submitted and approved prior to September 16th, approval of the grading permit shall be suspended until the certification is submitted and approval thereof obtained;
e.
Within the discretion of the Building Official or City Engineer, the applicant may be required to submit revised plans, and periodic progress and inspection reports on specified calendar dates and at the commencement and completion of specified grading and erosion and sediment control operations, documenting the applicant's compliance with the ESC plan as approved;
7.
In the case of construction activity subject to NPDES permitting requirements where construction or demolition activity results in land disturbance, a post-construction erosion and sediment control plan (PC plan) shall be required to include sufficient engineering analysis to show that the proposed post-construction storm water measures are capable of controlling runoff from the site in compliance with the Clean Water Act, this division, and such best management practices as specified in the City's NPDES General Permit CAS000004 WDRs for storm water discharges from small municipal separate storm sewer systems and in standards and specifications as may be adopted by the City pursuant to Section 14.26.030.010.B. The PC plan shall include, but is not limited to:
a.
A statement of the proposed post-construction measures to be used to secure the project after completion;
b.
Provisions for installation of appropriate storm water management facilities, maintenance of all permanent storm water management facilities, including, but not limited to, a description of the parts or components of the facility that need to be maintained; the equipment and/or skills or training necessary for such maintenance; an estimate of the cost(s) of maintenance; and any necessary easements, maintenance agreements and/or other legal instruments to ensure access to such facilities on a permanent basis;
c.
An erosion control/landscaping plan for management of vegetation at the site after construction is completed, including, but not limited to, the name and address of the person who will be responsible for the maintenance of vegetation at the site and what practices will be employed to ensure that adequate vegetative cover is preserved on a permanent basis;
d.
A statement of the ways in which impervious area is being minimized in the project;
e.
A statement of how the project will control pollutants by eliminating or reducing potential new sources;
f.
A statement of whether the project proponent will participate in the funding of regional/municipal level best management practices;
8.
Any other data or supporting documents as required by the Building Official or City Engineer.
B.
Technical Peer Review. In special or unique cases, such as in hillside areas, the Building Official or City Engineer may require a technical peer review of the grading plans and related reports. The review shall be conducted by a professional engineer with a technical specialty in civil engineering, soils engineering, or geotechnical engineering, as determined by the Building Official or City Engineer. The review shall be under contract to the City and the applicant shall pay all costs associated with the peer review.
C.
Referral of Application. The Building Official or City Engineer may refer an application to other interested public agencies for their recommendations on the proposed grading.
D.
Issuance of Grading Permit. The issuance of the grading permit is a ministerial action and shall be issued upon payment of an inspection fee, as specified by City Council resolution; provided, that the Building Official or City Engineer, as appropriate, makes the following determinations before issuing the permit:
1.
A determination that the proposed grading complies with the provisions of this division, including, but not limited to, standards established in Section 14.19.244.010;
2.
That the grading complies with the applicable provisions of the other divisions of this title, including, but not limited to:
a.
The tree preservation ordinance of the Municipal Code, including the necessary tree removal permit for removing any tree over 31 inches in circumference;
b.
The floodplain management ordinance of the Municipal Code; and
c.
The urban storm water quality management and discharge control ordinance of the Municipal Code;
3.
That the grading complies with the applicable provisions of the other local, state, or federal regulations, including but not limited to streambed alteration permits, wetland delineations, and storm water discharge permits;
4.
A determination that the proposed grading is in conformance with any conditions of approval resulting from a prior development approval through the entitlement process under the City's subdivision or zoning ordinances, for situations where the grading permit being requested is based upon a project that has received such prior approval.
For help in making the appropriate determinations where the grading permit being requested is not based upon a prior development approval, as noted in subsection D.(4) of this section, the Building Official or City Engineer should consult with the appropriate City staff members with expertise in the regulations noted above in subsections D.(1) through D.(3) of this section.
E.
Approved Plans in Lieu of Grading Permit. The grading plans contained within the stamped and approved building permit plans or the subdivision improvement plans shall function as the grading permit. Authority over the work on these plans shall be per Section 14.19.242.010. A separate grading permit does not need to be issued unless it is determined by the Building Official or City Engineer that a separate permit is needed due to unique or unusual circumstances.
F.
Issuance of Grading Permit Withheld. The permit shall not be issued by the Building Official or City Engineer if in their judgment the proposed grading does not comply with the provisions of this division. The applicant shall be notified in writing of the reasons that the application was disapproved.
G.
Expiration of Permit. All work shall be performed and completed within the time limit specified in the approved grading permit. If the work cannot be completed within the time specified, a request for an extension of time setting forth the reasons for the requested extension shall be presented in writing to the Building Official or City Engineer, as appropriate, prior to the expiration of the grading permit. The Building Official or City Engineer, as appropriate, may grant additional time for the work.
If the grading permit expires, no further grading shall be done without renewing the permit. Any costs associated for reviewing and renewing the permit shall be at the applicant's expense.
H.
Approved Plans. The approved plans and specifications shall not be changed, modified, or altered without authorization from the Building Official or City Engineer, pursuant to Section 14.19.242.050, and all work shall be done in accordance with the approved plans.
I.
Validity. The issuance of a grading permit will not revoke or suspend the requirements of any other permit, final map, or parcel map, improvement plans or improvement contract, or the authority of any other agency or regulatory body having jurisdiction over the use or development of the land to be graded.
J.
Liability. Neither the issuance of a grading permit under this division nor compliance with the provisions hereof or with any conditions imposed in a permit issued hereunder shall relieve any person from responsibility for damage to any person or property or impose any liability upon the City, or any officer, employee, board, commission or authority of the City, for any damage to any person or property.
K.
Scope of Approval. The issuance of a grading permit hereunder shall not be construed as an approval of any action or condition constituting a violation of this division, or of any other applicable laws, ordinances, rules or regulations.
L.
Transfer of Approval. No approval or permit issued hereunder may be transferred or assigned in any manner whatsoever without the express written consent of the Building Official or City Engineer, as appropriate.
(Ord. 1555 § 11, 1996; Ord. 1558 § 16, 1996; Ord. 1720, Amended, 09/13/2004; Ord. 1883, Amended, 06/23/2015; Ord. 1985, Amended, 07/25/2023)
§ 14.19.242.030 Bonds.
In conjunction with grading permits and grading activity, bonds shall be posted in accordance with the following procedures to ensure that the work, if not completed in accordance with approved plans and specifications, will be corrected to eliminate hazardous conditions and repair any damages that may occur:
A.
Requirement for Bonds.
1.
The Building Official may require a cash bond up to twenty thousand dollars. The bond is to be used at the discretion of the Building Official, as necessary, to repair erosion control mitigation measures, ensure that lots properly drain per approved plans, or clean up material on private and public streets or walkways of construction debris, dirt, mud, or aggregate. The permittee is required to replenish the cash bond up to the original cash bond amount if any amount is used to repair erosion control measures or clean public and private streets or walkways from construction debris, dirt, mud, or aggregate. Once the final inspection for grading has been approved by the Building Official, the remaining amount of the cash bond shall be refunded;
2.
The City Engineer shall require bonds in such forms and amount to ensure that the work is completed. The amount of the performance and maintenance bonds shall be 100 percent and 10 percent of the engineer's construction grading cost estimate, respectively. The estimate shall include, but not be limited to, the following:
a.
The cost of cubic yards moved based on the volume of mass grading;
b.
The cost of grading individual lots just prior to occupancy based on the volume of finished grading;
c.
The cost of all drainage structures, systems and devices;
d.
The cost of all materials and labor associated with the installation and maintenance of the erosion control plan;
e.
The cost of any construction required by the soils or geologic reports;
3.
In conjunction with a grading permit the City Engineer shall require the posting of an emergency cleanup deposit in an amount specified by a schedule, established by resolution of the City Council, for all grading operations;
4.
In addition to the bonds and deposits required above, the City Engineer may require the deposit of maintenance security in any amount deemed sufficient by him or her to guarantee the maintenance of the grading work performed, the proper functioning of drainage systems, and the adequate maintenance of post-construction erosion and sediment control measures. Said maintenance security shall be in a form acceptable to the City and shall remain in effect for a period of two years after the acceptance of the public improvements or upon the final Building Permit approval, whichever is later, or such other periods of time as may be required by the City Engineer;
5.
At the discretion of the City Engineer or Building Official, the requirement for bonds under this division may be included with any other surety bond otherwise required by the City;
6.
Bonds need not be required for grading by, or under contract to, a public agency that assumes full responsibility for the work.
7.
Upon failure to complete the work, failure to comply with all of the terms of this division, or failure of the completed site to function properly to provide proper drainage or erosion and sediment control as required hereunder, the City may do the required work, or cause it to be done and collect from the applicant or surety all costs incurred thereto, including administrative and inspection costs.
(Ord. 1720, Amended, 09/13/2004; Ord. 1800, Amended, 05/13/2008; Ord. 1985, Amended, 07/25/2023)
§ 14.19.242.040 Inspection.
Inspection of grading to ensure that grading is consistent with the approved plans shall occur as follows:
A.
Inspection Responsibility. The responsibility for the inspection of the grading is shared between the City and the professional engineers hired by the permittee.
1.
City's Responsibility. The City will be responsible for general inspection of the grading work.
a.
The responsibility for the general inspection of the grading shall be as follows:
i.
The Building Official shall be responsible for the general inspection of grading for which a permit is approved by the Building Official;
ii.
The Director of Public Works shall be responsible for the general inspection of grading for which a permit is approved by the City Engineer;
b.
General inspection under the authority of the Building Official shall be in accordance with the provisions of the Uniform Building Code;
c.
General inspection under the authority of the City Engineer shall include:
i.
Initial pre-job conference and inspection of the site prior to construction;
ii.
Visits, as needed, during the grading operation to observe conditions, answer questions, and periodically verify grades;
iii.
Inspection of the installation of drainage facilities such as pipes, inlets, manholes, swales, etc., to satisfy the inspector that those facilities are being installed at the proper locations and elevations. The developer is responsible for providing the needed staking;
iv.
Final inspection. The permittee shall notify the Public Works Inspector when the site is ready for final inspection. Prior to inspection, the permittee shall provide survey stakes adequate for field verification by the inspector. Grade-check staking shall be provided to the extent necessary for assuring substantial compliance with the plans, and to ensure that the site drains properly. No paving or other material shall be brought onto the site until a written clearance has been given by the inspector;
d.
The City's grading inspection responsibility does not include checking compaction or any aspect of the paving work except to verify that any paving is placed such that the site drainage is in accordance with the approved plans;
e.
The Building Official, City Engineer, or Director of Public Works may require additional inspections as needed, including those noted in subsection B.(2) of this section;
2.
Permittee's Professional Engineers. The permittee shall be responsible for coordinating all aspects of the work of the professional engineers for the project, including, but not limited to, field inspections, staking, compaction tests, and inspection reports. The permittee shall be responsible for arranging and directly paying for any inspections above and beyond those noted in subsection A.(1)(a)(i) of this section.
B.
Other Inspections.
1.
In approving a grading permit for hillside developments, the City Engineer may require that a soils engineer or engineering geologist be on site to verify that the grading work of the hillside areas is in accordance with the approved grading plans and soils engineer's recommendations. The permittee shall pay all costs associated with the soil engineer's or engineering geologist's inspection;
2.
The Director of Public Works or the Building Official may require additional professional engineers to be hired by the permittee at his/her expense to inspect the grading work as follows:
a.
An engineering geologist may be required to inspect the work for geological matters including, but not limited to, the adequacy of the natural ground for receiving fills, the stability of cut slopes, and the need for subdrains or other groundwater drainage devices;
b.
A soils engineer may be required to inspect the work for elements including, but not limited to, the preparation of the ground to receive fills, the adequacy of testing for required compactions, the stability of all finished slopes, and the design of buttress fills, incorporating, where required, criteria supplied by the engineering geologist;
The permittee shall pay all costs associated with the inspections by the engineering specialists;
3.
The Director of Public Works or the Building Official may require that a testing agency be hired to test and inspect the work for matters including, but not limited to, the adequacy of cleared areas and benches to receive fill, and the compaction of fills. The permittee shall pay all costs associated with the testing agency;
4.
The City Engineer, Building Official, or the Director of Public Works may require that special inspections be performed by professionals hired by the permittee at his/her expense for the protection and preservation of special site conditions, including, but not limited to, archaeological and biological resources, and wetlands or vernal pools.
C.
Adjustments in the Field. Field adjustments will only be permitted as follows:
1.
No field adjustments by the inspectors will be permitted for work on a grading permit issued by the City Engineer. If changes are necessary, the revised plans shall be submitted for review and approval pursuant to Section 14.19.242.050.
The City Engineer may require that the approved plans or specifications be modified prior to restarting any grading work;
2.
No field adjustments by the inspectors will be permitted for work on a grading permit issued by the Building Official. If changes are necessary, the revised plans shall be submitted for review and approval pursuant to Section 14.19.242.050.
(Ord. 1720, Amended, 09/13/2004; Ord. 1985, Amended, 07/25/2023)
§ 14.19.242.050 Modification of Permits After Issuance.
The Building Official or City Engineer, as appropriate, may allow modifications to the terms or specifications of the grading permit or the approved grading plans, so long as any such modification would have been within the authority of the Building Official or City Engineer, pursuant to the provisions of this division. The Building Official or City Engineer shall have the same authority to require reports and supplemental data, and to impose any other requirement or condition, which they would possess in connection with the original processing of the application for a grading permit under this division.
(Ord. 1720, Amended, 09/13/2004; Ord. 1985, Amended, 07/25/2023)
§ 14.19.242.060 Notification of Noncompliance.
If, in the course of fulfilling their responsibility under this division, the civil engineer, the soil engineer, the engineering geologist, or the testing agency finds that the work is not being done in conformance with this division, the Uniform Building Code, or the approved grading plans and specifications, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the permittee, Building Official, the City Engineer, or the Director of Public Works, as appropriate. Recommendations for corrective measures, if necessary, shall also be submitted.
(Ord. 1720, Amended, 09/13/2004; Ord. 1985, Amended, 07/25/2023)
§ 14.19.242.070 Suspension or Revocation.
If it is determined that an approval was issued in error on the basis of incorrect information supplied, or in violation of any law, ordinance, or any of the provisions of this division, or the work being performed does not comply with the permit, then the Building Official, the City Engineer, or the Director of Public Works, as appropriate, may, in writing, suspend or revoke the approval.
(Ord. 1720, Amended, 09/13/2004; Ord. 1985, Amended, 07/25/2023)
§ 14.19.242.080 Stop Work.
An order to stop work may be issued by either the Building Official, City Engineer, or the Director of Public Works, as appropriate, and further work on the construction site shall be prohibited if a determination is made in accordance with Section 14.19.242.070, or that dust and blowing debris are adversely affecting property adjacent to or downwind of the construction site.
(Ord. 1720, Amended, 09/13/2004; Ord. 1985, Amended, 07/25/2023)
§ 14.19.242.090 Remedial Work.
If, after giving notice to the permittee that corrective measures are needed and the corrections are not accomplished, the City may take appropriate action, at the permittee's expense, to remedy the problem.
(Ord. 1720, Amended, 09/13/2004; Ord. 1985, Amended, 07/25/2023)
§ 14.19.242.100 Transfer of Responsibility.
If, during the course of the work, the civil engineer, the soil engineer, the engineering geologist, or the testing agency that was specified in the grading permit application is changed, the work shall be stopped until the replacement has agreed to accept the responsibility within the area of its technical competence for verification of the work performed as specified in Section 14.19.242.110.
(Ord. 1720, Amended, 09/13/2004; Ord. 1985, Amended, 07/25/2023)
§ 14.19.242.110 Completion of Work.
The following shall be submitted upon the completion of the grading if so required by the Building Official, City Engineer, or Director of Public Works:
A.
Verification of Grading. Upon completion of work and prior to the release of any bonds, the civil engineer, or the soils or geotechnical engineer, as appropriate, for the grading project shall provide written verification in a form approved by the Building Official or City Engineer, as appropriate, that the grading was substantially completed in accordance with the approved plans.
B.
Certification of Graded Pad Elevations. For graded areas within the boundaries designated as the 100-year flood zone on the most recent edition of Flood Insurance Rate Maps (FIRM) or any amendments to FIRMs designated by the Federal Emergency Management Agency (FEMA), the civil engineer or licensed land surveyor for the grading project shall provide pad elevation certifications to the City Engineer upon completion of work and prior to the release of any bonds. The certifications shall specify that graded pad elevations are above water surface elevations in accordance with the provisions of the Flood Damage Prevention Ordinance of the Vacaville Municipal Code.
C.
Certification of Pad Compaction. In conjunction with the filing of an application for a building permit, the Building Official may require that the applicant provide certification from a civil engineer that the building pad has been compacted in accordance with Appendix J of the California Building Code.
D.
Final Reports. Upon completion of work and prior to the release of any bonds, the Building Official, City Engineer, or Director of Public Works may require the permittee to submit a final report. This final report shall conform to the format established by the Building Official, City Engineer, or Director of Public Works, as appropriate.
(Ord. 1720, Amended, 09/13/2004; Ord. 1800, Amended, 05/13/2008; Ord. 1985, Amended, 07/25/2023)
§ 14.19.244.010 Grading Standards.
All grading shall be subject to the standards contained in the California Building Code and in Appendix J of said code and the following additional standards:
A.
Cuts and Fills. All fills shall be compacted according to the recommendations of the soils report if a soils report has been prepared. The compaction test method and the required relative compaction shall be indicated on the plans and/or in the specifications.
The slope of cut or fill surfaces shall not be steeper than two to one, except as specifically approved by the Building Official, City Engineer, or Director of Public Works.
B.
Drainage and Terracing. Unless otherwise specifically approved by the Building Official or the City Engineer, drainage facilities and terracing shall conform to the grading regulations of Appendix J of the California Building Code.
C.
Setbacks. The tops and toes of cut and fill slopes shall be set back from existing or proposed property lines and existing or proposed structures as far as necessary to avoid impacting the neighboring properties, and to provide for adequate foundation support, required swales, berms and drainage facilities, contour grading, and applicable subdivision or zoning requirements.
The minimum setbacks shall be in accordance with Appendix J of the California Building Code; however, the setbacks shown are minimum requirements and may be increased by the Building Official or City Engineer when it is determined that such additional requirement is necessary for stability of the site, for safety, or to prevent future damage from water, soil, or debris.
D.
Erosion Control Measures. All grading shall be subject to erosion control measures as required by the Building Official, the City Engineer, or the Director of Public Works, as appropriate. Erosion control measure shall include the following:
1.
Filter Materials. Filter materials shall be provided to prevent any debris and dirt from the construction activity from flowing into the City storm drain system;
2.
Disturbed Areas. The faces of cut and fill slopes which accept overland or sheet flow or any cut or fill slope of erodible material over three feet in height shall have approved erosion control installed immediately following rough or finished grading between October 1st and April 30th. Slopes graded between April 30th and October 1st shall have erosion control installed no later than October 1st. The Building Official, the City Engineer, or the Director of Public Works, as appropriate, may require that moneys be deposited to ensure that the erosion control measures are installed by October 1st. An approved erosion control plan or ESC plan may include effective planting or other erosion control devices and may require maintenance in a manner satisfactory to the City by means of contracts, deed restrictions, or other instruments approved by the City;
3.
Other Devices. Check dams, sedimentation basins, cribbing, riprap, hydroseeding, or other devices or methods to control erosion and sediments shall be employed when necessary to provide safety and protect water quality;
4.
Exceptions. Where cut and fill slopes are not subject to erosion due to the erosion-resistant character of the materials, the requirement for protection specified under subsections D.(2) and (3) of this section may be deleted by the City Engineer.
E.
All grading shall be subject to appropriate post-construction erosion and sediment control measures as described in a post-construction erosion and sediment control plan (PC plan) acceptable to the City as more fully set forth in Section 14.19.242.020.A(7).
F.
Dust and Debris Control Measures. It shall be the responsibility of any person who engages in any grading to take adequate measures to prevent windblown debris, including, but not limited to, cardboard, paper, soil, and any other construction materials capable of being carried by the wind, from being blown off the construction site.
G.
Developments in Hillside Areas. Grading related to hillside development shall be subject to the following standards:
1.
The grading design shall use rounded or contoured graded slopes to provide a more naturalized appearance to graded areas;
2.
Grading on slopes of 25 percent or greater shall be prohibited unless specifically approved by the Director of Community Development and the City Engineer;
3.
Cut and fill slopes may be required to be landscaped and irrigated. The plans for the landscaping and irrigation of all required landscaped areas shall be subject to the approval of the Director of Community Development;
4.
Drainage ditches shall be made of concrete, unless specifically authorized by the Building Official, City Engineer or the Director of Public Works, and shall conform to the standards established by the appropriate official;
5.
Retaining walls shall be used to minimize the height of cut and fill slopes. The design, height, and appearance of the retaining walls shall conform to the standards established by the Building Official or City Engineer, as appropriate;
6.
Fire access roads and firebreaks shall conform to the standards approved by the Fire Chief;
7.
Compliance with the provisions of the Hillside Development Guidelines as adopted by resolution of the City Council.
H.
Designated Routes. Any grading application where the design volume of either the export or import of earth material exceeds 5,000 cubic yards shall include proposed travel routes for the transport of equipment and materials. For such approvals, the City Engineer, in consultation with the City Traffic Engineer, shall review, determine, and designate those routes which will be allowable for trucks or other equipment of the applicant or its contractors or subcontractors, agents, or employees doing work under the grading permit, traveling between the construction site and/or the excavation, landfill, or quarry sites. The use of these designated routes shall be a requirement of such a grading permit. The use of routes other than the designated routes by the applicant or its contractors or subcontractors, agents, or employees doing work under such a grading approval shall be cause for the City Engineer or the Director of Public Works to revoke or suspend the grading approval.
I.
Water Obstruction. No person shall do or permit to be done any grading which may obstruct, impede, or interfere with the natural flow of storm waters, whether such waters are unconfined upon the surface of the land or confined within land depressions, natural drainage ways, unimproved channels, watercourses, improved ditches, channels or conduits, in such a manner as to cause flooding where it would not otherwise occur, aggravate any existing flooding condition or cause accelerated erosion except where said grading is in accordance with all applicable laws, including, but not limited to, the provisions of this division.
J.
Levee Work. No person shall excavate or remove any material from or otherwise alter any levee adjacent to any river, creek, bay, or local drainage control channel without prior approval of the governmental agency or agencies responsible for the operation and/or maintenance of the levee.
K.
Division Not Retroactive. The provisions of this division shall not apply to grading activities for which all previously necessary permits and approvals were obtained prior to the effective date of this chapter.
L.
Enforcement of Division. In addition to the provisions set forth at Sections 14.19.240.040 and 14.19.242.060 through 14.19.242.090, the enforcement of this division shall be governed by Sections 14.26.050.010 through 14.26.050.210. This division may be enforced by the Building Official, the Director of Public Works, or the City Engineer, as appropriate.
M.
Repeal of Conflicting Ordinances. All ordinances and parts of ordinances in conflict herewith are hereby repealed.
(Ord. 1540 § 3, 1995; Ord. 1555 § 11, 1996; Ord. 1558 § 16, 1996; Ord. 1720, Amended, 09/13/2004; Ord. 1800, Amended, 05/13/2008; Ord. 1985, Amended, 07/25/2023)
