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HomeMy WebLinkAboutORD 2417r I I I I I I I I I ·- ORIGINAL ORDINANCE NO. 2417 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPI'ER 16.28 OF THE PALO ALTO MUNICIPAL CODE CONCERNI~G EXCAVATIONS, GRADING AND FILLS. The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Chapter 16.28 of the Palo Alto Municipal Code presently entitled ~'Excavations, Grading and Fills", is hereby amended to read as set forth in EXHIBIT A attached hereto and,madea part hereof by reference. . . . ,..-\,,.,mTn1'.'I' 11- 'J.'JMVl. .:...Vl."\ ~ti Thi~ pi:<li~~~ii.C£ ·5!'&&11---b~-cv~~-e(fective thirty days from the date of its passage. ) INTRODUCED: March 11, 1968 PASSED: March 25, 1968 AYES: Arnold, Berwald, Clark, Comstock. Cooley, Dias, Gallagher, Pearson, _ ~ ....... ~. ~.p_~<:_th, Wheatley .l'4V.i:.i>; n vuc . ;\ ABSENT: Beahrs •AT?T: {!?ck.~APPROVED: J. . •. . < 0 . / · .·.. . .. ··.'fu~'ft"'l~~i;........ot~ -~CV~~ . . .. ayor · · TO FORM: ' ' .. .• • CH~P'l'ER 16. 2B ·BXCAVATIONS, GRADING AND l?ILLS 16.28.010 PURPOSE; LEGISLATIVB INTENT ~he Council of the City of Palo Alto finds and d~clares that· it is necessary t.v .adopt this chapter to promote the pub ... lie health, safety and general w .. ?lfa.re by accomplishing the purposes set forth in this suction,· and it· is intended that this chapter be administered in accordance with such purposes. Specifically, this chilpter i.s ·intended to: · (a}· tnsure, insofar a·s practicable in permitting reasonable development of land and minimizing fire hazard, the maximum retention of ground 6over _t6 ~id in protection a~ains~ flooding, ~rosiqn, earth ciovement, siltation, and other slmila~~h~zards. (b) Protect property values by insuring·the maximum preservation of the natural scenic character of the Foothills area consistent with the reason­ able economic enjoyment of such ·property. (c} Insure that the development of each parcel of land, as well as water courses, streets and other public lands and places, occurs in a manner harmonious with adjacent lands so as to minimize problems of flooding, drainage, erosion, earth moveni.ent and similar hazards, and to main­ tain the Nisual continuity of hill and valley without unsight.ly continuous ,benching of building sites .. 16.28.020 DEFINITIONS The following woras and phrases, whenever usea in this Chapter. I Shall be. Construed aS defined in this . se'ctiOO ~ EXCAVATION. The term "excavation" shall mean any act by which earth; sand, gravel, rock or any Other similar material is cut into, dug, quarried, uncovered, removed, displaced, re-· located or bulldozed, and shall include the conditions resulting therefrom. FILL... The term ''fill 11 shall ·mean any '1Ct by which earth, sand, gravel, rock or a~y other similar material is· d~posi tea._, placed; pu~led or tran,sp9rted, and shall .include. the conditions resulting .therefrom. · · GRADING •. ·The terin "grading" shall mean excavation or fill or any combination thereof and shall include the conditions re­ sulting fr6iUany excavation or fill. PERCENT COMPACTION. The: term · ·~perce'nt compaction" shall mean the ratio, ,expressed in percentage, between the field 'dry density Of a :f?Oil ahd its maximum labqratorv dry density as de-.: ·~. termined Ly the current ASTM .Dl557. test. QUARRY. The term ''quarry" shall mean any ~ite or ·p;;trcel of land used for obtaining, extrai::ting or proqucing rock, ·crushed. ·,stone, building stone, slate, limesto:11e or similar material pro­ ducts on either a commercial basis or for private use~ - l - .. RXRIJU".I:" "A" I • • SITE. The tern.· "site 0 shall Mean n lot o:r. parcel of .i_<tii'~ or a scries of lots or parcels of lvnd jnin~d toqcther un<1er one ownership where qra<ling is to he pcrforne~ ~nrl ~s bcin? pnr-­ formed. SUPERVISED GP1'DING. The term "su:)crviscc~ grading" sha 11 mccm grch1111g done under. the supervision of :i. Soi 1 s Engineer. SOILS I::NGU!EEP. The tc~:r.m "soils cng inccr" shall mean a civil cng11rccr i1ccnsec1 by the state antl c:~pericnccr1 in soil mech.tt.ni9s ahd slope stabilities who.se qu('!li f.ications shaJ.1 be acceptable to the city engineer. CNGINEEP:I!--!G GEOI.Or:IST. -The term !ictigiheeri!1g gc:::ologisfh - sh0_l l mean · u j)et'son-'·!h<~ trainG<l in the a_pp 1 icatior1 of geo­ logical data an<l principlcK of engineering problems deAling with naturally occurring rock and nb~l fo~ tho ~~r?ose of assuring that geological factors are adcq0atcly considerea in _ cnginw~d.ng practice. . No person shall grade, excavate or fill without a permit therefor. fro;n the city engineer if such gr.at:~ing, exc!.\vating or filling \·dll result in any of the following: (a) lm excavation, fill or combilrn_tion thcre0f, in excess of one hundre~ cubic yards; . (b) An cxcavc.tion three feet or more belo•:1 an imaginary two (horizontal) to on~ (verticc:il) descending slope from any property line, or a fill three feet or more abov~ ~1 hnagiriiry two {horizontal) to one (vertical) ascending slope fro~ any property line. (c) A.n excavation or fill within .:\ public· set·1er, water m,:i.in, st.nrm drain or p0,'1<~r line easement. (d) An excavation or fill which will encroach on or alter a natural·d-ta.i.nage channel or wc:i.tcr course. (e) . :Re1noval of .the natu:r.a.1 . vegetation or ground cover fro:TI an· a.r,~.:-t in e~.:cess of fi vc thousanr:T square feet. The Pi:r:-e Marshal may, when required for preservation of llfe or property, order.in writing the denudation o~ ~ l~~ger area, speci­ fying ii1 the on1~r such ero~ion control nea':=rnres as the city engine.er !11<~.y demn necessa.ry. tf) The construction, recoP.strt1ction 1 alteration, repair, or installation of any stiucture in any natural wa~cr course. · 16. 2n. 040 , SBPAI?.l~TE PF.ru.1.:i'I.'s _ nEQUIRED. A sepai~te:permit·may .be required for ~ach separate non~ contiguous site. One permit~may c0\1er both an excav~tion and e> .. Fil:t cm tho ::;;ume si tc made with excavated inaterial~. 2 - .. • • 16. 28. 050 PERftIT EXE~,PTIONS. No permit shall he required by virtue of this chapter for any of the following: (a) Grading pursuant to a permit for excavation in public streets. (b) Grading in cortneetion with a public imp~ove~ ment or public work for which inspection is provided by the City or other public agency as:approved by the city engineer. (c) Any reclamation or rubbish disposal site Operated by the City. (d) ~rading by a public utility or a mutual water company in private eas<:ments. , (e) An excavation below finished grade for basements and footinas of a b11il<li11a. swimmi nn nool or underg~ound. stru~tu~e-~~th~riz~d by J a._. ~~lid-- building permit. where the cost of such excavo.tio1i' is included in the 15uild1ng~permit valu2tion. This exception shall not affect the applicability of this chapter to, nor the requirement of a grading permit for, any fill made with the.ma­ terial from such exca\1 ation. {f) Tilli~g of the soil ~.or agricultural purposes. 16.28.060 PERMIT ISSUANCE BY BUILDING OFFICIAL IN CONNECTION WITH BUILOING PERMITD. Whenever grading is performed on a lot or· parcel of land in connection ~ith the construction of a building or structu~e on such lot or parcel of land for which a perrnl.t.has been issued by the Building Official, the Building Official sh~ll perform all the duties specified by this chapter to. be per­ formed by the city engineer, except supervision and inspection of work perfortried on !JUblic property or work on· drains, dams or revetments, which·shall be performed by_ the'city Engineer All walls or other similar structures on. private property required by the 'City Engineer in.connection·with permits.issued by him shall be constructed under a, permit from and inspected by the Building Official. Tne Building Official shall file a copy of each excavation permit issued by him with the City Engineer. 16.28.070 PERMIT APPLICATION. . . To obtain. a ·permit required by thi~ chapter I the appiicant shall first file an application. therefc:r in writing, i.n tri­ plicate, and upon forms furnished by the City Engin~er. The application shai'l be signed by the owner of the property where the work: is to be 'pf nf ormed , or by his duly author.i zed agent .. An agent's authority must be snown·in writing. Every such application shall contain the followipq,_ information: · -,< • (tl) ' The purpose of the work,. and a sta:tem_ei1t as . to· .. whether the~, purpose of the excavation. is to p~epai;e the site for subdivisiol'i" under the State subdivision Map Act. - 3 - \ • (b) The amount of rnute!'ial proposed to Le excavated and the amount -of f i 11 in cubic yards. (c) The legal descripticn of the property on which the work is to.be performed. (d) The street address at the point of accass to the property where the work is to be performed. (e) The-name ~.nd ~ddress _o~ the owner of the property on which the work is to be performed • . · -.• -(f) A description of the equipment and methods to be used i.n performing the work. (g) The name ~f any person who will haul;excavated 'material to or from the property where the ~.,rork is to be perforn1ec1.. (h) The name, address and pho:1e number of the pcxson to have effective control of the work. (i) The name, address and phone number of all persons, if any, who will receive excavated materials or have ~ny interest i~ the proceeds from the sale or disposal of such mat~rials. (j) The route or routes proposed to be followed within the City of Palo Alto.in coming to and going from the site by the equipment used to haul the .excava­ tion or fill equipment. (k) The estimated dates for starting and completing the work to be done.· ( 1) An engineering 9e6log.ical investigation i based on · · the plan for the work. proposed under the permit. The engineering geological report shall include an ~dequate description -Of the geology of the site, and conclusions and recommendations regarding the effecf of geologic conditions, including 6onsidera­ tion of sei,sm,:i.c hazards and slope stability in natural JT\aterials-on the proposed development. All reports shall be.,subject to approval by the City Engineer and supplemental reports.and data may be required as he may deem necessary. ,gecommen­ dations included in the report and approved by the City Engineer shall be incorporated in the grading ·plan. This requirement may be waived by the City . Engineer when it appears from the condition of the property, that such a report is not necessary. (m) A soils engineering investigation, based-on the plan ·for the work proposed under the permit. Such reports shall include data re~arding the n•ture, distributidn -and strength of exi:::.ting soils, conclusions and ·reconunendations for. grading procedures, and design cri feria for correcti""e measures. Recommendations in·ciuded in the':' report and approved by the City Engineer shall be incorporated in the--grad.ing plan · or specifications. This requirement m:ay be waived ~ 4 - (n) • by the City Engineer when it appears from the condition cif the property that such a report is not necessary. such further applicable information as the City Engineer may require in order to carry out the purposes of this chapter. 16.28.0SO REQUIREMENTS FOR SCALE PLANS AND DRl\WINGS. The anplication required by Section 16.28.070 shall be accompanied by scale plans or drav-~,ngs, in ~r~plica~'3 prepared and signed as appropriate by a registered civil engineer, architect, or landscape architect showing the follot·ling: (a) Property lines of the-property on which the work is to be performed. (b) Loca'tiort ·of any buildings or structures on the property where the work is to be performed, and the location of any building or structure on land of adjacent property owers which is within fifteen feet of the property on which the W()rk is to be performed. ( c) Elevations, dimensions, locci.tion, extent and the slopes of all work proposed to be done, shown on a contour map; and an estimate of the qua"!tity of excavation an0. fill involved. Such contour map shall show the existing contours of the l~nd and the proposed contours of the land after completion of the proposed work. Contours shall he shown at such intervals as may be required by the City Engineer. · (d) Detailed plans of all walls, cribs, dr.;ins, dams-, erosion control planting or other protective de­ vices to be constructed in connection with or as a part of the pro~osed work, togefher vlth a mAp showing the dra>:,nage area and est:Uri:.ted cubic feet ·per second ru:nc):f of the area served }:)_Y any dr~in. -(e) A map or photo showing the rr1ajor plant materials. (f) Landscape and planting plans and specifications. (g) Such further applicable plans or drawirtgs·as.the City Engineer may require in order·to carry out the purposes of this chapter. The City Engineer may waive any of the above recruiremertts if he finds ·that the information on the application 'is suffi­ c:Hent to show that the work will conform to the requirements of: this chapter. 16 • 28. 090 APPLICA'l'-ION RHFERRED, TO l?LANN!NG OFFICER. 1· ' "1.. :- When the grading is to be'd<;:>ne 6n a site wh.ich is intend~d to be subdivided into two or more·parcels or which involves more -~ - 5 - ; ...... :.·: • ":han twenty thousand cubic yards of exca,1ntion or fill, the: application shall be referred to· the Clty. Planning Off ic:er for :3tudy. The City Planning Officer shall report on any aspect of the proposed grading,· excavation or fill.that relates to or af f.ects the master plan or any other zoning plan or zoning regulations of the City •.. The City Planning Officer upon com- 9letion of investigation shall transmit his report and findings ~nd reo.::l"f'\lJ\endations ·to the City·· Enqineer and no permit shall be t·ssued until such report has been received. Failure of the City Planning Officer to act within ten days after the referral Of the application to him shall be deemed to be an approval and the permit may thereafter be issued. 16.28.100 PERMIT FEES. 1..; Each-application for a grading permit filed with -the City Engineer shall be accompanied by a. fee, the amount of which shall be as shown in the following table: Five hundred cubic yards or less Five huridred to on~ thous~nd cubic yards More than one, thousand cubic yards_ a.oo 10.00 10.00 plus For each additional one tho~sand cubic yards or major portion thereof Bofia fide quarry opera~ions 3.00 100.00 per year in lieu of all other fees. Each application for a grading permit which involves con­ struction, reconstruction, altering, repairinq or.instal,ling any structure in any natural watercourse shall be accompanied by an additional fee of one dollar for each One hundr~d dollars, or fraction thereof of.estimated value up to one thousand dollars. If the estimated value of the work exceeds one thousand dollars, there shall be 'an additional fee of fifty cents for each one hundred dollars or fraction thereof of estimated value in ex­ cess of one thousand dollars. ·-· The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference be.tween the f~e·paid for the original permit and the fee ·shown for the en-· ·tL:e project. .. . For excavation and fill on the same site, the fee shall be based upon the vo.i.wne of-the excavation or the.fill,.which-· ever is gte~ter. {\ .. 16.28.110 PERM!T ISSUANCE OR DENIAL -CONDITIONS UPON ISSUANCE. (a)° GROQNDS FOR DENIAL. Whenever in th~: judgment of the City Engineer the proposed work would directly or indirectly create a hazard to hwnan life or endanger .a,djoining proper1;:y or property ata higher or lower level, or any public sewer, storm. drain, ·watercourse; ·street, street in\pr()vement or any other public propet-ty, the application shall b¢denied. tf, in '_)the opinio'i1 of the City Engineer, the .r.langer. of hazard can be eliminated by the erection or installati¢n'of walls, cribs, or other devi_ces, or by a specified metl1?_d of performing the work, the City Engineer may grant the permit upon conditi<;>n tha~. the specified protection and precautionary wor~_shall be done to his satisfaction, or upon condition''that a specified method of per- for'P.'!ing the work shall be used. - 6 - . '. -, ·' • (b) CONDITIONS UPON ISSUANCE. In qrantinq any permit under this chapter ,-·fiu{ CityEngineer may attac'h such condition thereto as may be reason~bly necessary to prevent dan~er to public or private property or to prevent the pperation frcm being conducted in a manner haza:r:do\ls to life or property or in a manner.·likely.to create a nuisance. No person shall.vf.olate .1ny conditions so imposed by the City Engineer. Such conditions rnay include / but shall not be limited to: .. (l) Limitations on the ho~r~ of operation or th~ period of year in which work may be performed. (2) Restrictions as to the size and type 0£ equipment. (3) Designation of routes upon which m'aterial:5 may be transported. · (4) The place and manner of disposal of excavated materials. {5) Requirements as to the laying of dµst and tracking of dirt, the pr~vention of noises and other results offensive or injurious to the neighborhood, the general public or any portion thereof. \ (6) Designation of maximum or minimum slopes to_be used if they vary from those prescribed in thi.3 chapter. (7) Regulations as to the use of .public streets and places in the course of the work. . . (8) Regulations· as to the degree of compaction of fill material. (9). Requirements as to paving private driveways and ro~ds cqnstructed under the permit. · (10) Requirements for safe and adequate drainage of the site. (11) A requirement: that· approval of the City En­ gineer be se~ured before any work which has been commenced may be' discontinued. (12) A-requirement.that men ·and equipment be provided at the site during storms to prevent incompiete work from endangering life or property. · (13)-Requirements.for fencing of· excavation or fills which wmild be hazardous without such fencj,ng ~, .. ·•· 16. 28 .120 OE·S-IGNATION of· ROtn1ES. · .. ~he City Engineer shali attach as a c6naiti6n ·to any permit.-1-:ssue¢l under_ Sect1on 16. 28 .110 hereof ·a re.qui i:-ement ~hat all, eqUipi".lent __ °-sed to haul: exciavation o.r fill material ~----- •• from or to the site shall follo\·1 a designated ·route or routes 'N'ithin the City of Palo Alto in qoing from ana coming to the site. The route or routes to be followed shall be ~esiqnated by the City Engineer. An applicant shall be entitled to the des"iqnation of a route providing access to a snecified place other than the site, when he has shown to the satisfaction of the City Engineer that such specified plac~ i~ a place where excavation material may be reasonably deposited or fill material may be obtained, as the case may be. Any determination under this Section may be appealed to the City Council as hereinafter provided. 16.28.130 PERFORMANCE BONDS. (a) BOND REQUIRED. If, in the opinion of the City Engineer, the nature of the work regulated by this chapter is such that if left incomplete it will create a hazard to hu.man life or endanger adjoining property or property at.a higher or lower level, or any street or street improvement, or any other public property, the City Engineer may, before issuing the per­ mit, require a cash bond or surety bond in a form sati'sfactory to him and approved by the Ci~y Attorney, in the swn of one hundred per cent of the estimated cost of the work conditioned upon the faithful performance of the work specified in the per­ mit within the time speci.fiedby the City Engineer. Such bond shall obligate the principal, his exec:utors, administrators, ,suc:r::essors and assigns, jointly and severally, with .the surety, and shall inure to the benefit of the City, its officers, em­ ployees, and to.any person aggrieved by the principal 1 ~ failure to comply~ii.h the conditions thereof. Such bond shall fU:t::::ther provide that it will f].Ot be cancelled Or terminated un­ tii at l~ast ten days' notice therebf has been filed with the. C:i.ty Clerk. . (b) NOTICE OF DEPAULT. -Whenever the .·City Engineer shall 'find that a default has occurred ;in· the perf<:>rmance nf al)y tern or condition, of a_ny permit 1 writt~n notj_ce thereof shall be given to the prirtc.ipal and to "the surety· of the bond. such notic~ shall stat;e the work to be done, the estimated cpst thereof, and the period of time deern·ea by the City Engineer to be reasonably necessary. ·for the completion ·of the work. -. ~-. -. (c) DUTY. OF SURETY. After receipt o_f. such notice the surety ~ust, within the time therein specified, either cause the required work to be performed or, failinq therein, pay over to the City Engineer the estimated cost of d.olng th:e work as set forth in the notice, plus an. ·addi t.ional :~\\m eq~al ·to ten . per cent of the estiinat·ea cost, but not to exceed the pr·lncipal sum of the .bond. Upon the receipt of such moi).ies, the City Engineer shall pr9ceed by such mode as he deemi:; convenient to cause the required work to be performed and completed, blJt no liability shall be incurred therein other than for the ex­ penditure of the sum in hand there for. The balance , . if ·any, . of· such. bond funds shal. l,. upon . completion of the woi·k ~ be ,fe.:.. . turned to the surety, after.deducting the cost of the work· plus ten per cent thereof. - 8 - -~ :- :r • • ' (d) DISPOSITION OF CASH nOND. If a cash bond has been posted, notice of d 0efault as provided by the preceding para­ graph shall be qiven to th~ p~incipal, and if compliance is not had within the time specified, the City Engines~ shall proceed without delay and without further notice or proceedinqs what~o­ ever to use the cash deposited, or any portion 6f such deposit, to cause the required work to be done by contract or otherwise in the discretion of the City Engineer. The balance, if any, of such cash deposit shall, upon the completion of the work, be returned to the depositor, or to his successors or assigns, after deducting the cqst of th~ work plus ten per cent thereof. (e) RIGHT OF ENTRY. In the event of anv default in the performance of any -term or condition of the pci:-mi t for the work, the surety or any p~rson employed o~ engaged on his behalf, shall have the right to go upon the premises to complete the required work or make it safe. {f) INTERFERENCE PROHIBITED. No person shall interfere with or obstruct the ingress or egr.ess to or from any such pre­ mises by an authoz.~zed representative or agent of any surety or of the City engaged in completing the work required to be per­ formed under thc-~ermit o:. in complying with the terms or condi­ tions thereof. (g) TERM OF BOND, CCMPLETION. The term of each bond po~ted sh~ll begin upon the date of the posting thereof and shEll end upon the completion to the satisfaction of the City Engineer of all of the terms and conditions of the permit for the work. Such completion shall be ·evid_enced by a statement thereof signed by the principal upon request. When a cash bond has been poste·d, the cash shall be returned to the depositor or to his successo~s or assigns upon the· termination of the bond, except any' port.ior1 thereof that raay have been used. 16.28.140 LIABILITY INSURANCE -i If, in the opinion of the City Engineer, the nature of the wo'rk regul&tedby this cJ;\apte:C is such that it might create a hazard to· hwnan life or enda,nger ·adjoining property or pro-· .Perty at a higher' 6'r lower level, ox any street or strect·im­ provement, or any other public property, then the City Engineer may, before issuj,.ng the permit, require that the applicant for a permit file a certificate $howing that· he is insured against claims for· damages for per~cinal injury as well _as· claims for · property damage·, .including damage to the City by 'deposit or·· washing of·material-onto city streets or other public improve­ ments, which rii:ay arise from or-out of the performance of the work, whethe·r ·such performance be by himself, his subcontractor or any person directly or indirectly employed by him, and the amount of sµch insurance shall be prescribed by the City En­ gineer in accordanc(;! with t.he. nature of -t]J.e. risks involvE;id. Any . such insurance shall ._include protection '_Against liability . arising from completed operations. Any such insurance shall he.~ written by a company which meets with the approval of the City .. and shall· in.sure the city, its officer, ·agents and employees. against los.$ qr liability which may arise .during the perform­ance of, or .. which may result from,· any work herein required to be-done. 9 1 ··: ·, -~ • l6. 28 .150 'rRANSFERAJJILITY No permit required by 16.28.030 shall be transferable without the written cortse.nt of the City Engineer. 16.28.160 REVOCATION OR SUSPENSION OF PERMIT (a) REVOCATION. Any permit, issued under this chapter, :nay be revoked by the City Engineer after notice and hearing for: 1. Violation of any condition of the permit. 2. Violation of any provision of this chapter or any other applicable ordinance or law relating to the work. 3. The existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others. Written notice of the time and place of such hearing shall be served upon the person to whom the permit was granted, or his agent or employee engaged in the work, at least three days prii:,r to the date set for such .h~aring. Such notice shall also con­ tain a brief statement of the grounds to be relied. upon for revoking such permit. Notice may be given either by personal delivery thereof to the person to be notified or by deposit in:,. the United States mail in a sealed envelope with postage prepa.id, addressed to such person to be notified at the address appearing in his application. In the event any appeal is taken from the decision of the City Engineer in the manner prescribed by the following section, all work shall be stopped while the appeal is pending.. · (b) SUSPENSION. Any permit issued under this chapter may be suspended '°bYthe City Engineer without hearing and for a period not exceeding ten days, whenever the City Engineer has issued a notice of hearing for revocation of permit. Any snch suspension shall .terminate upon its expiration date or upon the rendering of a decision.on the question of revocation, whichever shall first oc~ur. No work shall be authorized or performed tmder any permit during such time as it. may be suspended. 16. 23 .170 ··APPEALS FROM DENIAL OR REVOCA'l'ION Any applicant for.a permit or permitteeaggrieved by any action or decision of· .the .City Engineer' may' appeal to the Council by fil.i,ng with· t;he City Clerk a· writt·en·notice thereof within five .days· from the date. of mailing or receipt of nc.tice ·of stfch action. by the .City Engineer, whichever first occurs. The aggrieyed person shall be. given a. hearing before the .. ···Council, after which the council shall have discretion t6 grant or d.eny, :;the appeal or modify the decision of the City Engineer, <'and it~ decis:i.on shall be final. -. _-. ..: . . 16.28.180 EXPIRATION; RENEWAL . Every permit is.sued under .the provisions· of this chapter· shall expire· at the end of the per{od,·,of. time .set out in th~ pe:tmi t. I£ th'a permit tee sha 11 be uha!:>1e . to COI11plete the' work withir1 thP. specified time, he shall, prior t.o·.~xpir~tiqn of . . ' 10 ) . " \'.· • the permit, present in writinq to the City Engineer a request for an extension of tirne,settinq forth therein the reasons for the requested ext~nsion. If, in the opinion of the City En­ gineer, such an extension is necessary, he may grant additional time for the completion of the work. 16.2B.190 INSPECTION BY CITY The holder of ·any permit issued hereunder shall notify the City Engineer as fellows: (a) Initial Inspection. Whenever work on the grading, excavations, or fill is ready to be commenced, noti­ fication shall be given forty-eight hours before aPy work is done. (bl Rough Gradir:5I_. When all roughgrading has been completed. {c) Completion of Grading. When all work including IiiStallation of all drainage structures and other protective devices h~s been cbmpl~ted. (d) !;>lanting. When erosion c.ontrol planting shows active growth. Upon receiving such notice the City Engineer shall promptly inspect the work and shall either approve the same or notify the permittee in what respects there has been failure to comply with the requirements of this chap~er. Any portion of the work which does not coil1ply shall be proJT1ptly corrected by the permittee. 16.28.200 GRADING CERTIFICATIONS In addition to the inspection of any grading made by the City Engineer, the City.Engineer may, before he approves the work or any part tlwreof, require a report· certifying that grading haS bee.n. inspected I tested and approved by a SOilS engineer or engineering geologH~t that the site· was prepared and the grading or any part thereof performed as specified. 16.28.210 EXCAVATIONS (a) SLOPE STANDAROS GENERALt.Y. No·permanent.excavation shall be made with•a fabe steeper in slope than one and · one-half horizontal to orie vertical, unless a retaining wall 6r other approved support is provided to support the· face. of the excavation. · (b) DEVIATION ,FROM 0 :SLOPE STPu~DARO. 'rhe Citv Engineer may upon requesi=: pernu t devTati:ons from the·, above ·s:tanda.:rd which do not conflict with the purposes.of t;.his chaptet; provided, that the, owner shall f :j..r'st ·:~furnish the City Engineer with a written opinion of a soils eng.ineer 1 certifyirig that he has investigated the site and.that the proposed deviations will not endanger· any property. · (c) F'iaATTER EXCl\VATJ;ON FACB; WHEN ~QUIRE:p., Th~ City Engineer· niay require the excavation to be made wfth an· excava­ tion :face flattP.r. in slope tha.n one and O'ne-half horLzontal · } -11 - ·:)· . ,l • to one verticnl if he :: indf> the Material in \·J:1 ic:h th0 excavc.t i_r r1 is to ·be mate unusually subject tc erosion or. if othor ccnc!i­ tions mc-ike sucL flatter excavt:ltion necessary fer stabili "ty a.1~,-~ snfcty. (<l) LEOSirn-7 C0NTP<iL. All .exposec~ excavation $lODes sh."lJ.] ~ebeive erosion control treat3cnt. {e} DtSTl\i·JCE FHCii PROPEP.TY LDJE. The bcqinnin'? of D:n~· · C!xcavation shall be loc::lte-:.1-one-half its vertical height but -not less than ten feet f-ror11 an adjoining property lir.e • Pequest for Ha:iver of this requirem~nt r'lay be _r.la<1c to the Cit.y Engineer by presentation of detailed plans alonq-with appropriate suhst<-1n­ tir,ting evidence in the for!ll -t)f a written opinion of a soils . -engineer or engineering geologist to support justification for such a waiver. The City Engineer ~hall have ~uttt6rity to grant ·such_ a ~aiver when fou~ or less buil~ing sites or adj01nin~ pro~ pm:ties are involved. For suh<livisions of five or more pn.rcels, the granting of such waiver must be fine.lly approved by the Cit~· Council after review by the Planning Conlr.dssion. (f) ROUNDING OP EXCAVATIONS 1'.EOUIRED. The tdps of excava~ion slopes and th~ ends of excavations shall be rounded as required by the City Engineer. (g} APPLICABILITY. This section applies to all cxcav~~ tionn in tiw City regardless of whether a permit ·is rsqu_ired by this~chapter for such ~xcavations, except that the tc~ts and reports specified by this section shall not be necessary in connection with excavations for wl1ich no permit is required. 16.28.220 PILLS · (n) SLOPE ST.ZlNDl1RDS. No fill shall be sade which cre(ttes any exposed surface steeper in slope than tine ~na one-half horizontal to one vertical. The Cit~ Engineer may, upon re~ quest, permit deviations from the abqve standard which do r.ot conflict-with~the pµrpo~es of-this chapter; provided that the -owner furnishes ·him with the written opini0n of a soils cngjneer · or cnginecrlng ge6logist certifying that he has investigated the -site nnd that the proposed deviations will not injure any pro- perty. (b) FLNrTER FI~J:., SlWFACE; WIEN .REQUIRED. The City Engineer may rcquir,e that the owner furnl.sh ?. written opinion of a soils en9ineer certifying ·that he has investigated the site and recomrn~nding mfl_ximum a.ll0wablc fill slope an0 type bf blope treatrnertt for s~ability. (c) DISTI'.NCE FROM PPOPEPTY J .. INE. The toe of fillec1 slones shall be located one·-half '..the ·vertical height of the fifl 'but~ not less than ten fee:t from any ac1joining p:ro[!e:tty line. Request for. waiver of this requirerrient may ·be mad~· to the City Engineer by :!_:>rosentR.tion of det2.iiecl plel.ns a.long with appropri­ ate substa.ntiati:.1g evidence in the.• form-.of a written· opiniori cf a .. soils ·engineer or engineering .geol9gist·~-to'"support justif id.J­ tion for such a waiver. The City.Engineer s11allha.vP authority to grant such a waiver ~.;hen four or ~e.ss bu~ldirig si,tes ci· ad-· joining properties are involved. For subdivl~ici1s 6~ fiv~ or more parcels, the g1~?nting -of such ~ waiver must ._hP-finally a;?pr.oved ·by thP Cfty Councd.T q.:fter re\riew by· the Planning Crnmnission • -:... 12 ...-------------------------~-------•• • . -z (<l) ~PPL!CABILtTY. This section applies· to all fills in t.hc City rcga:r.diess o!. whether ci permit is require'~ hy this chapter for. such fills, except that the tests and reports speci­ fied by this section shall not be necessary in corinaction with fills for which no pcrmi t ia rcr;uired. 16. 28. 230 COHPJ'l.C'rION OP FILI~S. Fill slopes shall be compacted'as necessary. for safety; to prevent the saturaticn, adverse i:;ettlemcnt, slipping or erosion of the fill; an<l to achieve n stable.slope, and wherever possible not too dense for planting on the slope.· Hhere compaction is re-:­ quired it shall be made to a minimum of ninety percent compaction, as defined_ in chapter 16.20.220, and rnade _under supervised grad­ ing. '·The, city Engineer may specify the maximum thickness of the layers of fill to be compacterl.. · Fills shall be coo~acted, inspected and tested in acciordancc with the following provisions: (a) The space over which fills are to·~e MAde shall first be cleared of 2.ll trash, brush, trees, stm~tps, timber or debris and shall'be scarified. (b) All fillinq shall be done with ~cod souri~ earth, gravel or naterials ~pproved by the City Engirieer. {c) When an existing fill is to be widened or a nm·1 fill is to be made on a hillside, the new material shall be bonded .to the old by plowing deep longitudinal ,furrows, or by removing top soil and vegetation and by compacting the fill upon a series of terraces. (d), All exposed fill slopes shall be protect.eel. immcni­ at.ely upon completion with landscaping, an approver1 sprinkler system or other ero$ion-control devices approved and cleetned nece~sary by the City Engineer. (e) !rt addition to the inspection of any fills by the City P.ngin:eer, the City Engineer may require that a \·1ri tten report in duplicate be st1bmitted by a soils engineer certify..;. ing results of tests of the till at selected stages. If favorable conditions'exist, the City Engineer may by p~ior · approva.1 waive requirements for supervision or soil testinq~ If the fill-is to support buildings, st:r.uctures or roadways, _the ·City Engi.ne~r m~y require the report to include ~0co:nrnem:1n.t.ions ()n' bearing capa.ci ties. 16. 28. 21\ 0 TEP.PACING RF.QUl:n:r.MF~ (a) All excavated slopes shall have protectcc.1 drairiaqe t6rfaces at ve~tib~l~in~br~als 6P thirty fe~t, bxcept that .. wh9re ohty· <'.Hie terrace i~. required I it. ~hall be at: mi(F·heigh t.' Dx-<~irtagc tcrracen are to be· a mhibmr.1 of ,four. fel':!t \·15.-~1.e, ?t.'o-­ tccter1-, rtnd'· r·ntst ch!~ry w0tcr. to e. safe ~Usposal area. (b) 1\11 fill slopes· ~hall hai.re· proteqtec1 Arainv.ge te-rraccs at vertical.· intervals ·,of tt-Jef'~y-fivc feet ex~""!ept thRt where 011ly one terra_ce is required; i1t·' shall be at mid-height·. Drainage te:tTC\ce·s are to he a mlnimwn of f<iu:r. ·fc2t wirJ.e, prri- +--ct,.;,-~ ·'1J1(~ m\1.-.t-·c·,,,,...,..., t»ate.,. -t,., "''"""{:_-. r~l.· """""'"'S:"ll. :"IY,..:"I ~'-:· -. '\,,.;:.\_.._ t '-:. -.. ' ~")-_11,.11..1...,~ .. .l <-.' ... -. ...... '-..... , """"'-"' ..... -''" -"'-'!-'-~ ..... --~--~---'" .. {c) · The City Engineer may pe.tro1t variations f:tom the above requir~mcnts where warian ted. · ·.' -13 - • iG.28.250 .MAINTENANCE OF PnoTgCTI\/r. DFVICES Th~ owner of any proper,:ty on which an excavation or fill has been made pursuant to a permit granted under this chapter, or any other person or agent in control of such property, shall maintain in good conditton ~nd ·rep-air all. retaining walls, · cribbing, drainage structures, planted slopes and other pro~· · tective devices shown in the approved-plans or drawings sub­ mitted with the application for the grading permit. 16. 28. 260 REPAIR _OF EXIS'li.ING FILLS Whenever the City Engineer determines by inspection that any existing excavation or fill from any.cause has become a menace to life or. limb, or endangers property, or affects the safety, usability or stability of any public property, the owner of the property upon which such excavation or fill is located, or lJther pex-son or, agent in control of the property upon receir;>t of notice in writirig'from the City Engineer to do so, shall, within one hundred ei~hty-days from the date of such written notice, reoair or reconPtruct such excavation or fill so that ,it will conform to the requirements of this chapter or otherwise repair, reconstruct, strengthen·or eliminate such excavation or fill in a manner satisfacto~y to the City Engineer so that it · will no longer constitute a menace or danger as aforesaid. A shorter period of time may be specified by the City Engineer if an imminent and immediate_hazard is found to exist. Any person receiving notice afvset out in this section may appeal f.rom the notice of the City Engin~er in the manner provided by Section 16 .. 28.170. 16. 28. 270 DRAINAGE REQUIRE~U~NTS (a) DRAINAGE GENERALLY. All graded sites shall be d~v,eloped so as to provide control of storm and surface waters. Adequate provision shall be made to prevent any stop:n or surface water:1 from damaging the face of an excavation or the sloping face of a fill. All drainage provisions shall be subject to the approval of the puilding official and the City Engineer, and shall be of such design as tocairy storm and surface wate~s to the n~arestpractical street, storm drain, or naturai water course, approved by the City Engineer as a safe place to deposit and receive such ~aters. (b) EAVE GUT'i'ERS. All buildings on:gradedsites si\all he . equ.ippe~ with eave gutters. or ground gutters so that. all storm waters falling upon th~ roof will· be collected ·c:md conducted to art approved location iri a n"on-erosi ve device. (c) BUILDING PADS. Building' 'pads on graded sites shall }Je sloped at a minimum of two·percent to.the street or an approved drainage device. (d) FOOTING EXCAVATIONS:. Footings on gr~de<l sit~s shall extend above the elevation of the whole point.of the street curb . a min.j.mum of s'ix inches plus two percent Of )~he d~stance from -·the ··footing to the·_curb. Where th_e ·~ite drains to-' an approvet.t· drainage device the footing shall extend ·above the elevation of the low point of the 9,evice .. a minimum of six inches' plus two percent-of -the distance ·from the foo't.trg to the device. -14 - ,.-... • • . (e) SUBDRAINJ\.GF.. Where deemed necessar.y to the Building Off.icial or the City Enryineer, adequate subdrai.nage shall be provided. in connection with fills. 16. 28. 290 AOnITIONAL SAF'ETY PRECAUTIONS REQUIRED • . ~ -"":"" If at any stage of work on an excavation or fill the City Engineer determines by inspection that the nature of ·the forma­ tio~ is such that further work as authorized by an existing permit is likely to endanger any pr.operty or public way,.the City Engineer may require as a condition to allowing further wo'rk to be done that such reasonable snfety precautions be taken as the City Engineer considers advisable to a\·oid such likelihood of danger. Such safety precautions may include, but shall be limited to, specifying a flatter exposed slope, construction of additional drainage facilities, berms, terracinq, compaqtion or. cribbing. 16.28.290 PROTECTION OF ADJACENT PROPERTY; FENCES AND GUJ\PD R1\ILS. ~~~~~~~~~~~~~--~~~~~~-~ No per No person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, . alley or other public property without supporting and protecting . . ·.such public street, sidewalk, alley or other public property from settling, cracking, or other damage which might result from such excavation. Should the nature of the excavation .in the opinion of the Clty Engineer create a hazard to life unless·aaequateiy fenced, the applicant shall construct such fences or guard ra1ls to safeguard persons using the public street, sidewalk, alley or other public property as the City Engineer may require~·· 16.28.300 DEPOSITS OF EARTH, ROCK, ~TC. ARE PROHIBITED. (a} PREMISES OF ANOTHER PERSON. No person shall dt.i.rnp, move or place any earth, sand, gravel, rock, stone or other excavated material so as to cause the same to be deposited upon or to roll, flow .or wash upon or over the premises of another without the express consent of the owner of such premises so affected or upon or over any public place or way. (b} SPILLING.· No person shall, when hauling any ea,rth., sand, gravel, rock, stone or other excavated material over any public street, alley or other public place, allow such materials . to_blow or s~ill o~er and·upog such street, alley, or place or adja~ertt private property. · './.,.,·" (c) REMOV.AL .. OF DEBRIS. If due to a violation of subdi­ vision (a) or (b) ·of thl.s section, any earth, sand, gravel, rock, stone or other excavated m~terial is caused to be deposited upon or to roll, fl.ow or wash upt>n any public place or way,. the per!?On. responsible th€'",efor shall ·cause the same to be . removed f rotn such public place ·or way, the· person.· responsible therefor shall.cause the same to be removed from such public place oi· way within thirty-six hours. In the event· it is not so removed, ·th~ ,City. Engineer shall cause such remot~a1 a:nd the cost of Such removal by the City Engineer shall be paid to the ·City by the person who failed to so remove the material. 16.28.310. BUILDING REST~i:CTIONS Buildings shall not be, ccristru'cted upon excavation or £ill slopes steeper than ·a slope of two hr)rizontal to one -15 - : ·~ • " c .,_ ' ' \ .,_ • • vcrticn.J. unlcnn othen:iisa authorized lw the Ci. ty P.m; Jneer. • . !~tdl.1 Jngs shnll ho loc.itcr. clear of tho toe of "-~xc~lvi"lt.ion or f .ill slope~ uhich ar.e steo!:mr th<'\n a ~lope of. two i1o:r.izonta1 to one vertical the following cHstnnccs unless otherwise u.uthorizcc1 by the City engineer: {a) Three feet [-lrovided the slope c~ocs. not extenf1 more than six feet in height. (b) One-half. the vertic0l hoight of 'the slope for. slopes between si:! feet ;m,-1 twenty feet .in height. (c) Ten feet for. slopes m~t0n<l in(]" rri.orc thP\!1 t~·1cnty feet in lic~:i.rr:11:. r.Y.Cf:PTJOU: GnrP'J! ~~~, ;d:t-. .c~c:'1(,,"' or. -:~ctci.cher1 , !''nY bC! constrnctc(1 three f:cct cJ.car 05: the toe of' conf:or1il1-9 excavation or. fill slopes. Conforming excuvci.tioi:i or fill slopes tHenty feet or more in vertical height shall be provided with a four foot high de­ signed retaining wall Cl.t their toe:-for that portion of the slope paralleling any buildings anc~ distant therefrom less than ten feet. lG. 28. 320 CEP.TIF'ICATB OF. co~:t:>LETION Upon conpletion of the project the permitteo or a civil cngi11cer in chaxge of the p:i:-ojcct in his behaL'.: shall c:crti fy in writing to the Duildini,j Official that the project was ·done in con:Eon.lity with the provisions of this chapter, .the p8rnit and plans and specification~·subrititted tq the Building Offici<ll and shall furnish .~ final contour map and shall certify to the soil bearing capacity of the fill. · · if upon final inspection of any excavations or fill, it is found thnt the work authorized by the permit has been satisfactorily completed in accordance with the requirements of this chapter, the permit and the plans and. specifications, a completion certificate covering such \·10rk shall }?e issued to the owner ~r ~h~·.nuilding Officiai. A ~cpat~te certificate shnll be issued fo=.·· each lot._ · 16. 28. 330 VIOLATIONS or-··sECTIONS i REMEDIES Violations of Sections 1€).20.030, i6.?.0.l10, and 16.28~2}.{l through 16 .. :HL 310 are hereby declared to consti tutc pt~blic nuisances. l·Jhenever the ('ity Engineer, ·the Building O.ff icial or the Fire r-Iarshal shall detennine that conditions violating., the aforementioned sections exist, he may require or provide~,, for the abatement thereof. The City Attorney is hereby direc1.:.e~'l to ins.titute '.such legal proceedings as may be necessary to abate any such .publ~c nuisance. The remedies provided herein are not exclusive, and are in addition to 'Other remedies provided und<~r tliis code; or under any other law. ... I -16 - , , t ~-L ", .