HomeMy WebLinkAbout1999-05-10 City Council (12)City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER
11
DEP~RTMENT: PUBLIC WORKS
DATE:MAY 10, 1999 CMR:231:99
SUBJECT:REVISIONS TO PALO ALTO MUNICIPAL CODE FOR THE
PURPOSE OF PERMIT STREAMLINING: CHAPTER 12.08-
MAINTENANCE AND CONSTRUCTION OF STREETS, SIDEWALKS,
DRIVEWAYS, AND DRIVEWAY APPROACHES; CHAPTER 12.12 -
ENCROACHMENTS; AND CHAPTER 16.28 - EXCAVATIONS,
GRADING, AND FILLS
RECOMMENDATION
Staff recommends that Council:
Adopt the attached ordinance revising Palo Alto Municipal Code
Chapter 12.08- Maintenance and Construction of Streets, Sidewalks,
Driveways, and Driveway Approaches, modifying and streamlining the
requirements for street work permits, and revising Palo Alto Municipal Code
Chapter 12.12-Encroachments, modifying and streamlining the requirements
for encroachment permits.
Adopt the attached ordinance Palo Alto Municipal Code Chapter 16.28-
Excavations, Grading, and Fills, modifying the requirements for grading
permits and adding provisions for erosion and sediment control.
BACKGROUND
On February 10, 1997 (CMR: 137:97), Council received a staff report on the subject of permit
streamlining, which presented recommendations from the Customer Working Panel and the
Process Management Team. The Process Management Team reviewed each step in the
City’s existing permitting processes, checking for standardization, delay, redundancy and
unnecessary procedures. The aim was to reduce permit cycle time and improve customer
service. The report contained five recommendations requiring Palo Alto Municipal Code
(PAMC) revisions:
Eliminate encroachment permits for certain encroachments regulated by the
Uniform Building Code (UBC).
CMR:231:99 Page 1 of 4
Revise the grading ordinance to reflect the current review, permitting, and
enforcement processes related to grading activities.
Make hazardous materials permits ministerial and not discretionary. This
would eliminate the California Environmental Quality Act (CEQA) process for
Hazmat permits. (This item will be discussed by the Fire Department as part
of its permit streamlining ordinance revisiqn, scheduled in May.)
Restructure the Use and Occupancy Permit to a Certificate of Use. (Found to
be infeasible).
Use the Certificate of Compliance process for combining parcels. (Requires
additional research of the Subdivision Map Act).
DISCUSSION
The two permit streamlining issues requiring PAC revisions which are recommended by staff
are discussed below:
Street Work!Encroachment Permit: The changes described in Chapter 12.08 of the attached
ordinance include clarification to the requirements for a street work permit and updating and
consistent application of the limits for approving insurance certificates.
Currently, Chapter 12.12 of the Municipal Code requires that an encroachment permit be
issued by the Public Works Department for various types of encroachments placed in the
City right-of-way. However, Chapter 32 of the Uniform Building Code (UBC) provides a
mechanism for certain architectural elements such as balconies, bay windows, cornices and
other building appendages to be approved as part of a building permit. Since the Public
Works Department reviews all applicable building permits applications, revising PAMC
Chapter 12.12 to incorporate appropriate sections of UBC Chapter 32 will provide
standarization of codes, eliminate redundancy, and greatly benefit customer service.
Other changes to Chapter 12 of the Municipal Code are recommended at this time, to
eliminate redundancy and reduce the overall time to issue development permits. Currently,
the Public Works Department is required to issue both an encroachment and a street work
permit for the installation or maintenance of irrigation and drainage pipes in the planter strip
area within the City right-of-way. The proposed revision to PAMC Chapter 12.12 will
exempt such activities from the need for an encroachment permit, provided such activities
are covered by a valid street work permit.
Grading Permit: Palo Alto’s grading ordinance has not been updated since 1968. Since that
time, environmental laws have been passed by the Federal and State governments regulating
erosion and sedimentation and protecting the quality of storm water runoff. Although the
City has been incorporating the requirements of these laws into its development approvals
for several years, it is now appropriate to codify them by including suitable language in a
new combination grading, erosion and sediment control ordinance. Staff believes that the
City’s interests would be best served if the Council adopted a modified version of the Model
CMR:231:99 Page 2 of 4
Grading and Erosion and Sediment Control Ordinance prepared by the Association of Bay
Area Governments (ABAG). The ABAG model ordinance integrates key erosion and
sediment control features into the grading permit process. The ABAG ordinance is based on
Appendix Chapter 33 of the 1997 UBC. Most cities and counties in California have adopted
this UBC Chapter to regulate grading activities.
The new erosion and sediment control measures in th~ proposed ordinance include the
requirement for applicants to provide a Storm Water Pollution Prevention Plan (SWPPP)in
conjunction with their development plans. A SWPPP incorporates measures intended to
control potential storm water pollution during construction from sources including material
storage and disposal,.vehicte/equipment cleaning, maintenance, fueling, de-watering, paving,
saw cutting, concrete/asphalt placement, and painting.
The proposed ordinance also requires that permanent control measures be incorporated into
final structures and improvements in order to improve the quality of storm water runoff from
sites after, completion of construction. These pollution prevention measures may include:
grassy swales, storm drain inlet filters, covered or bermed dumpster areas, covered loading
docks, permeable pavement materials, storm drain inlet stencils, and other pollution
prevention control measures acceptable to the City Engineer.
Finally, the ordinance has been modified to reflect actual staff practices performed by the
divisions of Planning, Building Inspection, and Public Works Enginee.ring based on their
respective organizational responsibilities.
RESOURCE IMPACT
In March 1999, Council approved increases to the Municipal Fee Schedule to cover costs
associated with the new Development Center (CMR: 175:99). Fee increases were included
for each of the permits discussed above.
POLICY IMPLICATIONS
Revisions to Title 12 of the Municipal Code will enable permits to be expedited and thus
improve customer service. Revision of the Grading and Excavation ordinance is one of the
stated goals of the 1998-2010 Comprehensive Plan (Refer to Program N-12 and Program N-
74).
TIME LINE
As required by law, a second reading of the proposed ordinances is scheduled for Council
action later in May 1999.
ENVIRONMENTAL REVIEW
These projects are exempt from the California Environmental Quality Act ("CEQA") and no
environmental assessment is required.
CMR:231:99 Page 3 of 4
ATTACHMENTS
Attachment A: Proposed revision to PAMC Chapters 12.08, 12.12 and 16.28.
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
James Harrington, Senior Engineer
GLENN S. ROBERTS
Director of Public Works
Assistant City Manager
CMR:231:99 Page 4 of 4
ATTACHMENT A
ORDINANCE.NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
TO MODIFY SECTIONS 12.08.010 AND 12.08.120 OF
CHAPTER 12.08, AND MODIFY SECTION 12.12.020 AND
ADD SECTION 12.12.030 OF CHAPTER I~.12, OF TITLE
-12 OF THE PALO ALTO MUNICIPAL CODE PERTAINING TO
PERMITS TO WORK IN THE RIGHT-OF-WAYAND PERMITS
RELATING TO SIDE-WALK ENCROACHMENT
The Council of the City of Palo Alto does ORDAIN as
follows:
SECTION I. Section 12.08.010 of Chapter 12.08 of Title 12"
of the Palo Alto Municipal Code is hereby amended to read as
follows:
12.08.010 Permit required.
(a) It is unlawful for any person, without first obtaining
a permit so to do from the city engineer, to perform any work
within the right-of-way of any street or within any city-owned$
property in the city, including but not limited to the following:~
(I) Construction or repair of any sidewalk, driveway
approach, curb or gutter;
(2)Cutting, breaking or-removing any curbing; or~
(3)Excavating in, digging up, displacing, breaking
or otherwise injuring or destroying any public street or sidewalk.
(b) In cases of an emergency nature su~fr-a~ , including.~
’~i~ not limited to leaking or ruptured gas or water lines, it shall
.be a sufficient compliance with this section if the necessary
permit~is obtained on the next succeeding business day after an
emergency opening has been made, provided the person making the
opening has provided barriers and lighting adequate to protect the
public in th~ ,L~=~LI,L~ accordance with the City’s public works
standard construction.spec~flcatlons.’~ ~ ..... ~-~ ~
SECTION 2. Section 12.08.120 of Chapter 12.08 of Title 12
of the Palo Alto Municipal Code is hereby amended to read as
follows:
12.08.120L~~t~ .......i~’~u£a~e Insurance’required.
No permit for the performance of any of the work specified
in section 12.08.010 of this chapter shall be granted until the
applicant therefor has placed on file with the city engineer a
certificate of insurance of a responsible and solvent corporation
authorized to issue a policy of insurance under the laws of the
state of California that it has issued to or for the benefit of
such applicant ~ ~ubile li~bili~ the required insurance policy or
policies. The pubilu li~billty insurance policy or policies,
990415 syn 0071610
~ncluding, but not limited tO,_.commercial general liability,
~ommercial automobile liability, and~property damage shall insure
the applicant for such permit, h~s its directors, officers, agents
and employees and the city of Palo Alto, its officers, agentsland
employees against loss for injury to or death of any person or
damage to property gTo~-ng arlslng out of or resulting from the
work authorized to be performed by such permit. The amount of ~
publlu li=billty ~each~ policy ok wulici~s ~for commercial general
liabili,ty~..,~co~mercial automobile liability and .property damage
shall be not less than one hu~d~=d thoum&~d million dollars on
account of any one occurrence or in the aggregate resulting in
injury to or death of mo%-~c#ra~ one person &~d ~iuL i~ Lh=~ £1v~
5huum=~d duii=~ or for damage to property. Such insurance shall
contain an endorsement specifying that it is primary coverage, any
insurance carried by the city being excess insurance only. ~The
certificate of insurance shall include a hold harmless ~and
indemnity agreement in favor of the City.
SECTION 3. Section 12.12.020 Of Chapter 12.12 of Title 12
of the Palo Alto Municipal Code is hereby amended to read as
follows:
12.12.020 Commercial sidewalk~ encroachment permit -
Criteria and review procedures.
Subject also to the general regulations contained in
Section 12.12.010, permits may be granted for commercial sidewalk
encroachments in accordance with the following criteria and
procedures:
(a) Use.Commercial sidewalk encroachments shall be
restricted to:
(I)
plant shops; and
(2)
establishments.
Outdoor sales and display areas of flower and
Outdoor eating areas of eating and drinking
(b)Location and Clearance.
(I) Commercial sidewalk encroachments shall be
permitted only on public sidewalks in areas of the city zoned
community commercial (CC), service commercial (CS),and
neighborhood commercial (CN) and commercial downtown (CD);
(2) No commercial sidewalk encroachment shall be
located in a manner that:
(A) Impedes access to any city inspection,
maintenance and operation devices or controlsT;
(B) Blocks curbside access to a loading zone, as
defined in Section 10.40.010T; or
990415 syn 0071610
2
(C) Impedes pedestrian access from curbside
vehicles to the adjacent sidewalkT.
(3)No commercial sidewalk encroachment shall be
permitted:
(A) Within a minimum sidewalk clearance width of
eight feet, measured between fixed objects (such as building walls
. and utility poles), planter wells and/or curbsT; ~or
(B) On a public sidewalk within a distance often feet from corner curb lines and corner crosswalksT. ~
(c) Permit Application. Application for a commercial
sidewalk encroachment permit shall be made to the director of
public works or designee, by the owner or lessee, with the consent
of the .owner, of the adjacent property. Such application shall
contain all information necessary for a determination on the
application including, but not limited to:’
(i) A statement of intended use, a map showing
location and clearance distances and a sketch of the proposed
encroachment, showing dimensions and color;
(2) A fee,
schedule; ~nd ~
as set forth in the municipal fee
(3) A certificate of insurance in =~ =~ou~L =~d fo~’m
s~ti~f=~t~y tu th= ~iLy l~-eo~t~ol a~=~=~=~ and a hold harmless
.°and indemnity agreement in favor of the city shall be submitted in
accordance with the provisions of section 12]08]120.
(d) Review and Action on Application. A complete
application for a commercial sidewalk encroachment permit shall be
reviewed by city staff for a determination as to whether such
application complies with the regulations contained in this
chapter. Such review shall include a referral to the design staff
of the department of planning and community environment for review
and ~comment. The design of the commercial sidewalk encroachment
shall be evaluated as to whether it is reasonably compatible in
scale, design and color with the character of adjacent and nearby
building facades and public spaces. The director of public works,
or designee, shall grant or deny the application. .All actions that
will be taken under this subdivision 12.12.0~o(~ shall
~xercised in accordance with the writtenguidelines, ru~es and
~regulations of the City.
(e) Conditions. Conditions of approval may be imposed on
commercial sidewalk encroachment permits where they are required
for the maintenance of the public health, safety and welfare.
990415 syn 0071610
3
(f) Revocation of Permit. The director of public Works, or
designee, may [evoke a commercial sidewalk encroachment permit if
h~ ~he or she~ determines that ’the conditions of the permit or
any provision of this chapter are being violated, .or if municipal~
use of the area is required for reasons of public’healt~, safety~
welfare ’or convenience. In the case of a revocation, the permittee
shall be notified and shall be ~uLi£1~d ~ntitled_ to a hearin~~
5efore the director-of public~ works, or designee," °inaccordance
with-~he,~wr~ten~i~elines~rule-and regulations of the Cit~
(g) Penalty and Citation. Any person, firm or corporation
violating any provision of this chapter is guilty ofa misdemeanor
and, upon conviction thereof, shall be punishable as provided by
law. The following designated employee positions may enforce the
provisions of this chapter by the issuance of citations, pursuant
to authority provided in California Penal Code Section 836.5: chief
building official and ordinance compliance inspector.
SECTION 4 Section 12.12.030 of Chapter 12.12 of Title 12
of the Palo Alto Municipal Code is hereby added to read as follows:
12.12.030 Exemptions..
~he provisions of this chapter shall not apply to:
.,~a)3~ The installation or maintenance of irrigation systems
and controls within landscaped areas between the curb and sidewal~
or between the sidewalk and the right-of-way used primarily b~
vehicles for which a permit specified in section 12.08.010
chapter 12.08 of title 12 has been issued’
~(b)~ The installation or maintenance of curb outlets and
drain pi~e{ under the sidewalk for~draina~e-~urposes for which
permit specified in section12.08.010 of~chapter 12.08 of title
has been issued.
(c). The installation of a structure or any part thereof,
for which~ a~permit has ~-been issued in accordance with th~~
provisions~, of .chapter 32 of the Uniform Building Code~
"Construction In The~Pub!ic Right Of Way", ,excepting therefro~
section 3203 .ofchApter 32 pertaining to space below the sidewalk-
SECTION 5. The City Council finds that this ordinance is
categorically exempt, because it will require only minor
alterations in land use limitations, and, upon that basis, it
determines that no environmental assessment is required under the
California Environmental Quality Act and CEQA guidelines.
SECTION 6. This ordinance shall be effective on the
commencement of the thirty-first day after the date of its
adoption.
INTRODUCED:
990415 syn 0071610
4
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Mayor
City Manager
Director of Public Works
990415 syn 0071610
5
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
~ADOPTING CHAPTER 16.28 OF THE PALO ALTO MUNICIPAL
CODE (GRADING AND EROSION AND SEDIMENT CONTROL)
The Council of the City of Palo Alto does ORDAIN as
follows:
~IT!_Q~_!. Chapter 16.28 of the Palo Alto Municipal Code
is hereby amended and restated in its entirety to read as follows:
CHAPTER 16.28 .
GRADING AND EROSION AND SEDIMENT CONTROL
16.28.010 Purpose -- Legislative intent.
The purpose of this chapter is to provide for safe grading
operations, to safeguard life, limb and property, and to preserve
and enhance the natural environment, including, but not limited to,
water quality, by regulating clearing and grading on private
property. This chapter shall not apply to grading associated with
excavation in public streets, grading in connection with
construction of a public improvement or public work for which
inspection is provided by the city or other public agency, nor
grading by a public utility.
16.28.020 Scope.
This chapter sets forth rules and regulations to control
land disturbances, land fill, soil storage, and erosion and
sedimentation resulting from such activities. This chapter
establishes procedures for issuance, administration and enforcement
of a permit.
16.28.030 Definitions.
When used in this chapter, the following words shall have
the meanings ascribed to them in this section.
(a) ~Applicant" means any person, corporation,
partnership, association of any type, public agency, or any other
legal entity who submits an application to the building official
for a permit pursuant to this chapter.
(b) "As-graded" means the surface conditions extant on
completion of grading.
(c) "Bedrock" means in-place solid rock.
(d) "Bench" means a relatively level step excavated into
earth material on which fill is to be placed.
990505 sdl 0032143 1
(e) ~Best management practices" means a technique or
series of techniques which, when used in an erosion control plan,
is proven to be effective in controlling construction-related
’runoff, erosion, and sedimentation.
(f) "Borrow" means earth material acquired from an off-
site location for use in grading on a s:[te.
(g) ~Building official" means the chief building official
of the City of Palo Alto and his/her duly authorized des±gnees.
(h) ~City engineer" means the city engineer of the City of
Palo Alto and his/her duly authorized designees.
(i) ~Civil engineer" means a professional engineer
registered in the State of California to practice in the field of
civil works.
(j) "Civil engineering" means the application of the
knowledge of the forces of nature, principles of mechanics, and the
properties of materials to the evaluation, design, and construction
of civil works for the beneficial uses of mankind.
(k) ~Compaction" means the densification of a fill by
mechanical means.
(i) ~Drainageway" means a natural or manmade channel which
collects and intermittently or continuously conveys storm water
runoff.
(m) "Earth material" means any rock, natural soil, or
fill, and/or combination thereof.
(n) "Engineering geologist" means a geologist experienced
and knowledgeable in engineering geology and certified by the State
of California to practice engineering geology.
(o) ~Engineering geology" means the application of
geologic knowledge and principles in the investigation and
evaluation of naturally occurring rock and’ soil for use in the
design of civil works.
(p) ~Erosion" means the wearing away of the ground surface
as a result of the movement of wind, water, and/or ice.
(q) ~Final erosion and sediment control and storm water
pollution prevention plan (’final plan’)" means a set of best
management practices or equivalent measures.designed to control
surface runoff and erosion and to retain sediment on a particular
site after all other planned final structures and permanent
improvements have been erected or installed.
(r) ~Grade" means the vertical location of the ground
surface. "Existing grade" means the grade prior to grading.
"Rough grade" means the stage at which the grade approximately
990505 sdl 0032143 2
conforms to the approved plan. ~Finish grade" means the final
grade of the site which conforms~o<~the approved plan.
(s) "Grading" means any land disturbance or land fill, or
combination thereof.
(t) ~Interim erosion and sediment control and storm water
pollution prevention plan (’interim plan’)" means a set of best
management practices or equivalent measures designed to control
surface runoff and erosion and to retain sediment on a particular
site during the period in which pre-construction and construction-
related land disturbances, fills, and soil storage occur, and
before final improvements are completed.
(u) "Key" means a designed compacted fill placed in a
trench excavated in earth material beneath the toe of a proposed
fill slope.
(v) ~Land disturbance" or ~land-disturbing activities"
means any moving or removing by manual or mechanical means of the
soil mantle or top six inches (6") of soil, whichever is shallower,
including but not limited to excavations.
(w) ~Land fill" means any human activity depositing soil
or other earth materials.
(x) ~Manual of standards" means a compilation of technical
standards and design specifications published by the Association of
Bay Area Governments.
(y) "Permittee" means the applicant in whose name a valid
permit is duly issued pursuant to this chapter and his/her agents,
employees, and others acting under his/her direction.
wind.
(z)"Sediment" means earth material deposited by water or
(aa) "Site" means any lot or parce~ of land, or contiguous
combination under the same ownership where grading is performed or
permitted.
(bb) "Slope" means an inclined ground surface, the
inolination of which is expressed as a ratio of horizontal distance
to vertical distance.
(cc) "Soil" means naturally occurring superficial deposits
overlying bedrock.
(dd) "Soils engineer" means a professional civil engineer
experienced and knowledgeable in the practice of soils engineering
and licensed by the State of California for practice in that field.
(ee) ~Soils enginee}ing" means the application of the
principles of soils mechanics in the investigation, evaluation, and
design of civil works involving the use of earth materials and the
inspection and/or testing of the construction thereof.
990505 sdl 0032143 3
15.
(ff)~Wet season" means the period from October 1 to April
16.28.040 Hazards.
Whenever the building official or city engineer determines
by inspection that any existing excavahion, embankment, or fill
from any cause has become a hazard 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 other person or agent in control
of the property, upon receipt of notice in writing from the
building official or city engineer to do so, shall, within a
maximum of one hundred eighty (180) days from the date of such
written notice, repair or reconstruct such excavation or fill, so
that it will conform to the requirements of this chapter, or
otherwise repair, reconstruct, strengthen or eliminate such
excavation, embankment, or fill in a manner satisfactory to the
building official or 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 building official or city engineer if
an imminent and immediate hazard is found to exist.
16.28.050 Other laws.
Neither this chapter nor any administrative decision made
under it:
(a) Exempts the perm±ttee from procuring other required
permits or complying with the requirements and conditions of such
a permit; or
(b) Limits the right of any person to maintain, at anytime, any appropriate action, at law or in equity, ~for relief or
~damages against the permittee arising from the permitted activity.
16.28.060 Permit required.
No person may grade, fill,.excavate, store, or dispose of
soil and earth materials or perform any other land-disturbing or
land-filling activity without first obtaining a permit as set forth
in this chapter, except when the activity is performed in
accordance with one or more of the general or specific exemptions
set forth in sections 16.28.070 and 16.28.080. Exemption from the
requirement to obtain a permit does not provide relief from the
requirement to conduct all grading activities in conformance with
the general grading requirements contained in Sections 16.28.270
through 16.28.340 of this chapter.
16.28.070 General exemptions.
All land-disturbing or land-filling activities or soil
storage shall be undertaken in a manner designed to minimize
surface runoff, erosion, and sedimentation and to safeguard life,
limb, property, and the public welfare. A person performing such
990505 sdl 0032143 4
activities need not apply for a permit pursuant to this chapter, if
all the following criteria are met:
(a) The site upon which land area is to be disturbed or
filled is I0,000 square feet or less.
(b) Natural and finished slope~ are flatter than I0:I.
(c) Volume of soil or earth materials stored is i00 cubic
yards or less.
(d) Rainwater runoff is diverted, either during or after
construction, from an area smaller than 5,000 square feet.
(e) An impervious surface, if any, of less than 5,000
square feet is created.
(f) No drainageway is blocked or has its storm water
carrying capacities or characteristics modified.
(g) The activity does not take place within i00 feet by
horizontal measurement from the top of the bank of a watercourse,
the mean high watermark (line of vegetation) of a body of water or
the boundary of the wetlands associated with a watercourse or water
body, whichever distance is greater.
16.28’.080 Specific exemptions.
Sections 16.28.060 and 16.28.070 (a)-(f) notwithstanding,
the following activities are exempt from the permit requirements of
this chapter.
(a) An excavation below finished grade for basements and
footing of a building, retaining wall, or other structure
authorized by a valid building permit. This shall not exempt any
fill made with the material from such excavation nor shall it
exempt any excavation having an unsupported depth greater than five
feet (5’) after the completion of the structure.
(b)
(c)
Cemetery graves.
Refuse disposal sitescontrolled by other regulations.
(d) Excavations for wells, sanitary sewers, water pipes,
natural gas pipes, and electrical/communications conduits or
cables. However, when such excavation is performed within a public
utility easement, an encroachment permit is required.
(e) Mining, quarrying, excavating, processing, stockpiling
of rock, sand, gravel, aggregate, or clay, where authorized and
regulated by law, provided such operations do not affect the
lateral support or increase the stresses in or pressure upon any
adjacent or contiguous property.
(f) Exploratory excavations under the direction of soils
engineers or engineering geologists.
990505 sdl 0032143 5
(g)Routine agricultural crop management practices.
(h)Emergencies posing an immediate danger to life or
property, or substantial flood or fire hazards.
(i) Any activity, where the total volume of material
disturbed~ stored, disposed of, or used as fill does not exceed i00
cubic yards and does not obstruct’ a drainage course.
(j) Sections 16.28.060 and 16.28.070 (a) - (g)
notwithstanding, any activity where the total volume of material"
disturbed, stored, disposed of, or used as fill does not exceed
five (5) cubic yards is always exempt from the permit requirements.
16.28.090 Application.
The application for a permit shall include all of the
following items:
(a)Application form.
(b)Site map and grading plan.
(c)Interim erosion and sediment control and storm water
pollution prevention plan (also referred to, collectively, as
~interim plan").
(d) Final erosion and sediment control and storm water
pollution prevention plan (also referred to, collectively, as
"final plan".), where required.
(e)
engineer ~.
(f)
engineer.
Soils engineering report, unless waived by the city
Engineering geology report, unless waiged by the city
Work schedule.
(h) Applicat±on fees.
(i) Performance bond or other acceptable security, in
accordance with Section 16.28.170.
(j) The route or routes proposed to be followed within the
city in coming to and going from the site by the trucks used to
haul borrow or excess excavated material and the trucks used to
haul the grading equipment.
~(k) Any supplementary material required by the building
official or the city engineer.
990505 sdl 0032143 6
’form:
16.28oi00 Application form.
The following information is required on the application
(a) Name, address, and telephone number of the applicant
and the property owner.
(b) Street address of the property on which the work is to
be performed.
(c) Names, addresses, and telephone numbers of any and all
contractors, subcontractors, or persons actually doing the land-
disturbing and land-filling activities, and their respective tasks.
(d) Name(s), address(es), and telephone number(s) of the
person(s) responsible for the preparation of the site map and
grading plan.
(e) Name(s), address(es), and telephone number(s) of the
person(s) responsible for the preparation of the interim and/or
final plan(s) .
(f) Name(s), address(es), and telephone number(s) of the
registered engineer(s) responsible for the preparation of the soils
engineering and engineering geology reports, where, required.
(g) A vicinity map showing the location of the site in
relationship to the surrounding area’s watercourses, water bodies,
and other significant geographic features, and roads and other
significant structures.
(h) Name(s), address(es), and telephone number(s) of the
person(s), if any, who will receive excavated material removed from
the site.
(i) Date of the application.
(j) Signature(s) of the owner(s) of the site or of an
authorized representative.
16.28.110 Site map and grading plan.
The Site Map and Grading Plan (also referred to,
collectively, as ~grading.plan") shall be prepared and signed by an
individual licensed or registered by the State of California to
perform such grading design and shall contain all the following
information.
(a) Existing and proposed topography of the site taken at
a contour interval sufficiently detailed to define the topography
over the entire site. Ninety percent (90%) of the contours shall
be plotted within one contour interval of the true location.
(b) Two contour intervals that extend a minimum of I00
feet off-site, or sufficient to show on- and off-site drainage.
990505 sdl 0032143 7
(c) The property lines of the site shown in true location
with respect to the plan’s topographic information.
(d) Location and graphic representation of all existing
and proposed natural and manmade drainage facilities.
(e) Detailed plans of all surf~te and subsurface drainage
devices, walls, cribbing, dams, and other protective devices to be
constructed with or as a part of the proposed work, together with
a map showing the drainage area and the estimated runoff of the
.area served by any drain.
(f) Location and graphic representation of proposed
excavations and fills, of on-site storage of soil and other earth
material, and of on-site disposal.
(g) Location of existing vegetation types and the location
and type of vegetation to be left undisturbed, including the
location, species, size, and dripline area of all trees (including
public trees within 30 feet of the site and trees on neighboring
properties that overhang the site).
(h) Location of proposed final surface runoff, erosion,
and sediment control measures.
(i) Quantity of soil or earth material in tons and cubic
yards to be excavated, filled, stored, or otherwise utilized on-
site.
(j) Outline of the methods to be used in clearing
vegetation, and in storing and disposing of the cleared vegetative
matter.
(k) Proposed sequence and schedule of excavation, filling,
and other land-disturbing and filling activities, and soil or earth
material storage and disposal.
(I) Location of any buildings or structures on the
property where the work is to be performed and the location of any
buildings or structures on land of adjacent owners which are within
15 feet of the property or whic~ may be affected by the proposed
grading operations.
(m) Information’ covering
requirements and specifications.
construction and material
(n) Such further applicable plans or drawings as the
building official or city engineer may require in orderto carry
out the purposes of this chapter.
The building official or city engineer may waive any of the
requirements of this section if he/she finds that the information
on the application is sufficient to show that the work will conform
to the requirements of this chapter.
990505 sdl 0032143 8
16.28.120 Interim erosion and sediment control and storm
water pollution prevention plan.
All the following information .shall be provided with
respect to conditions existing on the site during land-disturbing
or filling activities or soil storage:
(a) Maximum surface runoff from the site shall be
calculated using the method approved by the city engineer and
maintained in the Manual of Standards, or any other method proven
to the city engineer to be as or more accurate.
(b) The interim erosion and sediment control and storm
water pollution prevention plan (also referred to, collectively, as
"interim plan") shall also contain the following information:
a delineation and brief description of the
measures to be undertaken to retain sediment on
the site, including, but not limited to, the
designs and specifications for sediment
detention basins and traps; silt fences; straw
bales; and stabilized construction entrances,
and a schedule for their maintenance and upkeep;
(2)a delineation and brief description of the
surface runoff and erosion control measures to
be implemented, including, but not limited to,
types and method of applying seeds and mulches,
and designs and specifications for diverters,
dikes, and drains, and a schedule for their
maintenance and upkeep;
(3)a delineation and brief description of the
vegetative measures to be used, including, but
not limited to, types of seeds and fertilizer
and their application rates, the type, location
and extent of pre-existing and undisturbed
vegetation types, and a schedule for their
maintenance and upkeep;
(4)a delineation and brief description of the
measures to be implemented to control potential
storm water pollution during construction from
sources including, but not limited to,
construction material storage and disposal;
vehicle/equipment cleaning, maintenance, and
fueling; dewatering; paving; saw cutting;
concrete/mortar placement; and painting, and a
schedule for their maintenance and upkeep.
(c) The location of all the measures listed by the
applicant under subsection (b) of this section shall be depicted on
the grading plan, or on a separate plan at the discretion of the
city engineer.
990505 sdl 0032143 9
(d) An estimate of the cost of implementing and
maintaining all interim erosion and sediment control measures must
be submitted in a form acceptable to the city engineer.
(e) The applicant may propose the use of any erosion and
sediment control techniques in the interim plan provided such
techniques are proven to be as or more effective than the
equivalent best management practices contained in the Manual of
Standards.
16.28.130 Final erosion and sediment control and storm
water pollution prevention plan (final plan).
All the following information shall be provided with
respect to conditions existing on the site after final structures
and improvements (except those required under this Section) have
been completed and where these final structures have not been
covered by an interim plan (see Section 16.28.220):
(a) Maximum runoff from the site shall be calculated using
the method approved by the city engineer and maintained in the
Manual of Standards, or any other method proven~ to the city
engineer to be as or more~accurate.
(b) The final plan shall also contain the following
information:
(1)a description of and specifications for sediment
retention devices;
(2)a description of and specification for surface
runoff and erosion control devices;
(3)a description of vegetative measures;
(4)a description of the permanent control measures
to be incorporated into the final structures and
improvements in order to improve the quality of
storm water runoff from the site, including, but
not limited to, grassy swales, storm drain inlet’
filters, covered or bermed dumpster areas,
covered loading docks, permeable pavement
materials., storm drain inlet stencils, Covered
parking areas, and other permanent storm water
pollution prevention control measures acceptable
to the city engineer.
(5)a graphic representation of the location of all
items in subsections(b) (I)-(4) of this section;
(c) An estimate of the costs of implementing all final
erosion and sediment control measures must be submitted in a form
acceptable to the city engineer.
(d) The applicant may propose the use of any erosion and
sediment control techniques in the final plan provided such
990505 sdl 0032143 i 0
techniques are proven to be as or more effective than the
equivalent best management practices contained in the Manual of
Standards.
16.28.140 Soils engineering report.
A soils engineering report shall~ be based on adequate and
necessary test borings, and shall contain all the following
information:
(a) Data regarding the nature, distribution, strength, and
erodibility of existing soils.
(b). Data regarding the nature, distribution, strength, and
erodibility of soil to be placed on the site, if any.
(c) Data regarding existing
groundwater levels at the site.
and projected maximum
(d) Conclusions and recommendations for grading
procedures, taking into account the soils and groundwater data
listed above.
(e) Conclusions and recommended designs for interim soil
stabilization devices and measures and for permanent soil
stabilization after construction is completed.
(f) Design criteria for corrective measures when
necessary.
(g) Opinions and recommendations covering adequacy of
sites to be developed by the proposed grading.
Recommendations included in the report and approved by the
city engineer shall be incorporated in the grading plans or
specifications.
16.28.150 Engineering geology report.
An engineering geology report shall be based on adequate
.and necessary test borings and shall contain the following
information:
(a) An adequate description of the geology of the site.
(b) Conclusions and recommendations regarding the effect
of geologic conditions on the proposed development.
(c) Opinions and recommendations covering the adequacy of
sites to be developed by the proposed grading.
Recommendations included in the report and approved by the
city engineer shall be incorporated in the grading plans or
specifications.
990505 sdl 0032143 11
16.28.160 Work schedule.
The applicant shall submit a master work schedule Showing
the following information:
(a) Proposed grading schedule.
(b) Proposed conditions of the site on each July ~15,
August 15, September 15, October i, and October 15 during which the
Permit is in effect.
(c) Proposed schedule for installation of all interim
erosion and sediment control measures including, but not limited
to, the stage of completion of erosion and sediment control devices
and vegetative measures on each of the dates set forth in
subsection (b) of this section.
(d)Schedule for construction of final improvements, if
any.
(e) Schedule for installation of permanent erosion and
sediment control devices where required.
16.28.170 Security.
If, in the opinion of the city engineer, the nature of the
work regulated by this chapter is such that if left incomplete will
create a hazard to human 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 applicant shall
provide security for the performance of the work~described and
delineated on the approved grading plan, interim plan, and final
plan in an amount to be set by the city engineer. The form of
security shall be one or a combination of the following to be
determined by the city engineer:
(a) A bond or bonds issued by one or more duly authorized
corporate sureties. The form of the bond or bonds shall be subject
to the approval of the city attorney;
(b) The deposit, either with the city or a responsible
escrow agent or trust company, at the option of the City, of money,
negotiable bonds of the kind approved for securing deposits of
public monies, or other instrument of credit from one or more
financial institutions subject to regulation by the State or
Federal government wherein said financial institution pledges that
funds are and will remain on deposit and guaranteed for payment;
(c) Cash in U.S. currency.
16.28.180 Fees.
Fees shall be paid pursuant to the municipal fee schedule.
990505 sdl 0032143 12
16.28.190 Decision on a permit.
The city engineer and the building official shall review
all documents submitted pursuant to this chapter and, if necessary,
request additional data, clarification of submitted data or
correction of defective submissions. The city engineer or building
official shall notify the applicant in w~iting of his/her decision
on the permit.
16.28.200 Permit duration.
Permits issued under this chapter shall be valid for the
period set forth in the permit. The term of the permit may be
extended upon receipt and approval of a request from the permittee
as specified in sections 16.28.240 and 16.28.250. If the permittee
has not commenced permitted activities within 60 days of the
scheduled commencement date for grading, the permit shall expire,
and the Permittee shall resubmit all required application forms,
maps, plans, .schedules, and security to the building official
except where an item to be resubmitted is waived by the building
official. The building official may require additional fees if the
application is modified from its previously approved form.
16.28.210 Transfer of permit.
A Permit issued pursuant to this chapter may be transferred
only if the following conditions are met:
(a) The permittee notifies the building official prior to
the proposed transfer.
(b)The proposed transferee:
(I)submits an application form pursuant to Section
16.28.100;
(2)agrees in writing to all the conditions and
duties imposed by the permit, including those
that have already been performed prior to the.
transfer;
and
(3)provides security pursuant to Section 16.28.170;
(4) agrees to pay all applicable fees.
(c) The city engineer and the building official approve
the transfer.
The building official shall set forth in writing the
reasons for his/her approval or disapproval of a transfer.
990505 sdl 0032143 13
16.28.220 No improvements planned.
Where an applicant does not plan to construct permanent
improvements on the site, or plans to leave portions of the site
graded but unimproved, the applicant shall:
(a) Meet all the requirements 6f this chapter; provided,
that an interim plan designed to control runoff and erosion on the
site for the period of time during which the site, or~ portions
thereof, remain unimproved shall be submitted in lieu of a final
plan; and
(b) Submit executed contract(s) as defined in Section
16.28.260(a) after completion of grading.
16.28.230 issuance of permits.
The building official shall issue a permit upon approval of
a grading plan; interim plan, and where required, final plan; soils
engineering report and engineering geology report; deposit of
appropriate security; and payment of fees.The permit shall be
issued subject to the following conditions:
(a) The permittee shall maintain a copy of the permit,
approved plans and reports required under Section 16.28.240 on the
work site and available for public inspection during all working
hours.
(b) The permittee shall, at all times, be in conformity
with the approved grading plan, and interim and final plans.
16.28.240 Implementation of permits-permittee’s duties.
In addition to performing as required under Section
16.28.230:
(a) Unless this requirement is waived by the cit~
engineer, the permittee shall notify the city engineer at least 72
hours prior to:
(i)the beginning of the permitted activity;
(2)the completion of rough grading;
(3)the completion of finished grading;
(4)the installation of all erosion control devices
and the completion of planting requirements;
(5)readiness of the site for final inspection,
including, but not limited to, finished grading,
installation of drainage devices and final
erosion control measures.
990505 sdl 0032143 14
(b)
reports if:
The permittee shall submit to the city engineer,
(i)there are any delays in land-disturbing or
filling activities or soil storage;
(2)the work is not being done in conformance with
the approved grading and interim and/or final
plans;
(c) Unless waived by the city engineer, the permittee
shall submit recommendations for corrective measures and/or
revisions to the approved grading and interim and/or final plans,
with the reports made under subsection (b) of this section.
16.28.250 Implementation of permits.
(a) The city engineer shall review all reports submitted
by the permittee. The city engineer may require the permittee to
modify the grading plan, the interim and/or final plan, and
maintenance methods and schedules. The city engineer shall notify
the permittee in writing of the requirement and specify a
reasonable period of time within which the permittee must comply.
All modifications shall be subject to the city engineer’s approval.
site:
(b) The building official or city engineer may inspect the
(2)
upon. receipt of a report by the permittee
pursuant to Section 16.28.240(a) and (b);
to verify completion of modifications required
under subsection (a) of this section;
(3) during and following any rainfall;
(4).at any other time, at the discretion of the
building official or city engineer.
(c) Upon completion of the rough grading work and at the
final completion of the work, the city engineer may require the
following reports and drawings and supplements thereto:
(i)an as-graded grading plan prepared by the civil
engineer including original ground surface
elevations, as-graded ground surface elevations,
lot drainage patterns and locations and
elevations of all surface and subsurface
drainage facilities. The civil engineer shall
certify that the work was done in accordance
with the final approved grading plan.
(2)a soil grading report prepared by the soils
engineer, including locations and elevation of
field density tests, summaries of field and
990505 sdl 0032143 15
(3)
laboratory tests and other substantiating data,
and comments on any changes made during grading
and their effect on the recommendations made in
the soils engineering investigation report. The
soils engineer shall certify as to the adequacy
of the site for the intended use.
a geologic grading report prepared by the
engineering geologist including a final
description of the geology of the site including
any new information disclosed during the grading
and the effect of same on recommendations
incorporated in the approved Grading Plan. The
engineering geologist shall certify as to the
adequacy of the site for the intended use as
affected by geologic factors.
16.28.260 Post-grading procedures.
The owner of any property 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 condition and repair all retaining walls,
cribbing, drainage structures, planted slopes, and other protective
devices shown in the approved plans or drawings submitted with the
application for the grading permit.
Upon completion of final grading and permanent
improvements, where such permanent improvements are planned at the
time grading is performed, the permittee may be required to submit
executed contract(s) with third party providers as a means to
ensure cont’inued maintenance and upkeep of final plan runoff and
erosion control measures and storm water pollution prevention
control measures for a period as determined by the city engineer.
16.28.270 Grading requirements.
Designation. All grading in excess of 5,000 cubic yards
shall be performed in accordance with the approved grading plan
prepared by a civil engineer, and shall be designated as
~engineered grading." Grading involving less than 5,000 cubic
yards shall be designated "regular grading" unless the Permittee,
with the approval of the city engineer, chooses to have the grading
performed as ~engineered grading."
(a) Engineered grading requirements. For engineered
grading, it shall be the responsibility of the civil engineer who
prepares the approved grading plan to incorporate all
recommendations from the soils engineering and engineering geology
reports into the grading plan. The civil engineer also shall be
responsible for the professional inspection and approval of the
grading within his/her area of technical specialty. This
responsibility shall include, but need not be limited to,
inspection and approval as to the establishment of line, grade, and
drainage of the development area. The civil engineer shall act as
the coordinating agent in the event the need arises for liaison
990505 sdl 0032143 16 ~
between the other professionals, the contractor, and the building
official. The civil engineer also shall be responsible for the
.preparation of revised plans and the submission of as-graded
grading plans upon completion of the work. The gradingcontractor
shall submit in a form prescribed by the city engineer a statement
of compliance to the as-built plan. ..
Soils engineering and engineering geology reports shall be
required unless waived by the city engineer. During grading, all
necessary reports, compaction data, and soils engineering and
engineering geology recommendations shall be submitted to the civil
engineer and the city engineer by the soils engineer and the
engineering geologist.
The soils engineer shall be responsible for the
professional inspection and approval concerning the preparation of
ground to receive fills, testing for required compaction, stability
of all finish slopes, and the design of buttress fills, where
required, incorporating data supplied by the engineering geologist.
The engineering geologist shall be responsible for
professional inspection and approval of the adequacy of natural
ground for receiving fills and the stability of cut slopes with
respect to geological matters and the need for subdrains or other
ground water drainage devices. The engineering geologist shall
report his/her findings to the soils engineer and the civil
engineer for engineering analysis.
The building official or city engineer may inspect the
project as described under section 16.28.250 and at any more
frequent intervals necessary to determine that adequate control is
being exercised by the professional consultants.
(b) Regular Grading Requirements. The city engineer may
require inspection and testing by an approved independent testing
agency. .
The testing agency shall:
(1)Inspect cleared areas and benches to verify that
they have been adequately prepared to receive
fill; and
(2) Test fill for adequacy of compaction.
When the city engineer has cause to believe that unusual
geologic conditions are present, the grading operation will be
required to conform to ~engineered grading" requirements.
(c) If, in the course of fulfilling their responsibility
under this chapter, the civil engineer, the soils engineer, the
engineering geologist, or the testing agency finds that the work is
not being done in conformance with this chapter or the approved
grading plans, the discrepancies shall be reported immediately in
writing to the person in charge of the grading work and to the city
engineer in accordance with Section 16.28.240.
990505 sdl 0032143 17
(d) If the civil engineer, the soils engineer, the
engineering geologist or the testing agency of record is replaced
during the course of the work, the work shall be stopped until the
replacement has agreed to accept the responsibility within the area
of his/her technical competence for approval upon completion of the
work. ~
16.28.280 Wet season work.
(a) For commencement of iand-disturbing or filling
activity during the wet season, the applicant shall demonstrate, as
part of the permit application, that the land disturbance is
relatively minor and that erosion and sedimentation can be
controlled.
(b) For continuation of land-disturbing or filling
activities, other than installation, maintenance, or repair of
measures in the interim or final plans, during the wet season, the
permittee must apply for and receive, every five (5) working days,
special permission to proceed.
(c) The city engineer shall grant permission under this
section on the basis of weather forecasts, experience, and other
pertinent factors which indicate the activity may commence or
continue without excessive erosion occurring.
(d) It shall be unlawful to commence any land-disturbing
or filling activity during the wet season without having obtained
specific permission for wet season activity pursuant to this
section. Violation may result in suspension or revocation of the
permit, action against the security, in addition to any other
remedy available for enforcement of this code.
16.28.290 Cuts.
(a)" General. Unless otherwise recommended in the approved
soils engineering and/or engineering geology report, cuts shall
conform, to the provisions of this section.
(b) Slope. The slope of cut surfaces shall be no steeper
than is safe for the intended use. Cut slopes shall be no steeper
than two horizontal to one Vertical.
(c) Drainage and terracing. Drainage and terracing shall
be provided as required by Section 16.28.320.
16.28.300 Fills.
(a) General. Unless otherwise recommended in the approved
soils engineering report, fills shall conform to the provisions of
this section. In the absence of an approved soils engineering
report, these provisions may be waived for minor fills not intended
to support structures.
(b) Fill location. Fill slopes shall not be constructed
on natural slopes steeper than two to one.
990505 sdl 0032143 18
(c) Preparation of ground. The ground surface shall be
prepared to receive fill by removing vegetation, noncomplying fill,
.topsoil, and other unsuitable materials, scarifying to provide a
bond with the new fill, and, where slopes are steeper than five to
one and the height is greater than five feet (5’), by benching into
sound bedrock ~or other competent material as determined by the
soils engineer. Thebench under the ~oe of a fill on a slope
steeper than five to one’shall be at least ten feet (i0’) wide.
The area beyond the toe of fill shall be sloped for sheet overflow
or a paved drain shall be provided. Where fill is to be placed
over a cut, the bench under the toe of fill shall be at least i0
feet wide but the cut must be made before placing fill and approved
by the soils engineer and engineering geologist as suitable
foundation for fill. Unsuitable soil is soil which, in the opinion
of the building official ~or the civil engineer or the soils
engineer or the geologist, is not competent to support other soil
or fill, to support structures or to satisfactorily perform the
other functions for which the soil is intended.
(d) Fill material. Detrimental amounts of organic
material shall not be permitted in fills. Except as permitted by
the building official or city engineer, no rock or similar
irreducible material with a maximum dimension greater than 12
inches shall be buried or placed in fills.
EXCEPTION: The building official or city engineer may
permit placement of larger rock when all the following conditions
are met:
the soils engineer properly devises a method of
rock placement;
(2)the soils engineer continuously inspects
placement of the rock and approves the fill
stability;
(3)potential rock disposal areas are delineated on
the grading plan prior to issuance of the
grading permit;
(4)rock sizes greater than 12 inches in maximum
dimension will be placed i0 feet or more below
grade, measured vertically; and
(5)rocks will be placed so as to assure filling of
all voids with fines.
(e) Compaction. All fills shall be compacted to a minimum
of 90% of maximum density.
(f) Slope. The slope of fill surfaces shall be no steeper
than is safe for the intended use. Fill slopes shall be no steeper
than two horizontal to one vertical.
(g) Drainage and terracing. Drainage and terracing shall
be provided and the area above fill slopes and the surfaces of
990505 sdl 0032143 1 9
terraces shall be graded and paved as required by Section
16.28.320.
16.28.310 Setbacks.
(a) General. The setbacks and other restrictions
specified by this section are minimum a~d may be increased by the
building official, the city engineer, or by the recommendations of
a civil engineer, soils engineer, or engineering geologist, if
necessary for safety and stability, or to. prevent damage of
adjacent properties from deposition or erosion, or to provide
access for slope maintenance and drainage. Retaining walls may be
used to reduce the required, setbacks when approved by the building
official or city engineer.
(b) Setbacks from property lines. The tops of cuts and
toe of fill slopes shall be set back from the outer boundaries of
the permit area (PA), including slope-right areas and easements, in
accordance with. Figure i.
Figure 1
990505 sdl 0032143 2 0
(c) Design standards for setbacks. Setbacks between
graded slopes (cut or fill) and structures shall be provided in
accordance with Chapter 18 of the Uniform Building Code.
16.28.320 Drainage and terracing.
(a) General. Unless otherwise ~indicated on the approved
grading plan, drainage facilities and terracing shall conform to
the provision of this section.
(b) Terrace. Terraces at least six feet (6’) in width
shall be established at not more than 30-foot vertical intervals on
all cut or fill slopes to control surface drainage and debris,
except that where only one terrace is required it shall be at mid-
height. For cut or fill slopes greater than 60 feet and up to 120
feet in vertical height, one terrace at approximately mid-height
shall be 12 feet in width. Terrace widths and spacing for cut and
fill slopes greater than 120 feet in height shall be designed by
.the civil engineer and approved by the building official or city
engineer. Suitable access shall be provided to permit proper
cleaning and maintenance.
Swales or ditches on terraces shall have a minimum gradient
of five percent (5%) and must be paved with reinforced concrete not
less than three inches (3") in thickness or an approved equal
paving. They shall-have a minimum depth at the deepest point of
one foot and a minimum paved width of five (5) feet.
A single run of swale or ditch shall not collect runoff
from a tributary area exceeding 13,500 square feet (projected)
without discharging into a downdrain.
(c) Subsurface drainage. Cut and fill slopes shall be
provided with subsurface drainage as necessary for stability.
(d)- General drainage. All sites shall be developed so as
to provide control of storm and surface waters. Adequate provision
shall be made to’prevent any storm or surface waters 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 city
engineer, and shall be of such design as to carry storm and surface
waters, including storm and surface waters from properties in
upstream watershed areas, to the nearest practical street, storm
drain, or natural watercourse, approved by the city engineer as a
safe place to deposit and receive such waters.
(e) Interceptor drains. Paved interceptor drains shall be
installed along the top of al! cut slopes where the tributary
drainage area above slopes towards the cut and has a drainage path
greater than 40 feet measured horizontally. Interceptor drains
shall be paved with a minimum of three inches (3") of concrete or-
gunite and reinforced. They shall have a minimum depth of 12
inches and a minimum paved width of 30 inches measured horizontally
across the drain. The slope of drain shall be approved by the
building official or city engineer.
990505 sdl 0032143 21
(f) Roof drainage. All storm waters falling upon roofs
will be collected in eave gutters, roof drains, or other approved
devices and conducted to an approved location in a manner .that
minimizes erosion and storm water pollution°
(g) Building pads. Building pads shall be sloped at a
minimum of two percent to the street ~or an approved drainage
device.
16.28.330 Protection of adjacent property -fences and
guard rails.
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 city engineer create a hazard to life unless adequately fenced,
the permittee shall construct such fences or guard rails to
safeguard persons using the public street, sidewalk, alley or other
public property as the city engineer may require.
16.28.340 Prohibition of deposits of earth, rock, etc.
(a) Premises of another person. No person shall dump,
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,
including a public entity, without the express consent of the owner
of such premises so affected..
(b) Spilling. No person shall, when hauling any earth,
sand, gravel, rock, stone or other excavated material over any
public street, alley or other public place, allow such material to
blow or spfll over and upon .such street, alley, or place or
adjacent private property.
(c) Removal of debris. If due to a violation of
subsection (a) or (b) of this section, any earth, sand, gravel,
rock, stone or other excavated material is caused to be deposited
upon or to roll, flow or wash upon any public place or way, the
person responsible therefor shall cause the same to be removed from
such public place or way within thirtyrsix hours. In the event it
is not so removed, the city engineer may cause such removal and
recover the cost of such removal from the person who failed to so
remove the material.
16.28.350 Suspension or revocation of permit.
(a) The building official or city engineer may suspend the
permit and issue a stop work order, and the permittee shall cease
all work on the work site, except work necessary to remedy the
cause of the suspension, upon notification of such suspension when:
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(1)
(2)
(3)
the building official or city engineer
determines that the permit was issued in error
or on the basis of incorrect information
supplied, or in violation of any ordinance or
regulation or the provisions of this ordinance;.
the permittee fails ~to submit reports when
required under Sections 16.28.240 and
16.28.250(c) ;
inspection by the building official or city
engineer under Section 16.28.250(b) reveals that
the work or the work site:
(A)is not in compliance with the conditions
set forth in Section 16.28.230, or
(B)is not in conformity with the grading plan,
interim, or final Plan as approved or as
modified under Section 16.28.250(a), or
(C)is not in compliance with an order to
modify under Section 16.28.250(a), or
(D)is likely to be a hazard to life or limb or
to endanger any private or public property;
(4)the permittee fails to comply with an order to
modify within the time limits imposed by the
buildingofficial or city engineer pursuant to
Section 16.28.250(a);
(5)the permittee faiis to obtain permission for wet
season activity under Section 16.28.280.
(b) The building official or city engineer may reinstate
the suspended permit and lift the stop order, upon the permittee’s
correction of the’cause of the suspension. The building official
or City engineer may require as a condition to allowing further
work to be done that such reasonable safety precautions be taken as
the building official or city engineer considers advisable to avoid
the likelihood of continued danger to any private or public
property. Such safety precautions may include, but shall be
limited to, specifying a flatter exposed slope, construction of
additional drainage facilities, berms, terracing, compaction or
cribbing.
(c) Failure or refusal to comply with a stop work order is
unlawful. If the permittee fails or refuses to cease work after
being issued a stop work order, the building official or city
engineer may revoke the permit and enforce the stop order by any
means available under the law.
(d) The building official or city engineer shall not
reinstate a revoked Permit.
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16.28.360 Appeals.
(a) Any applicant for a permit or any permittee aggrieved
by any action or decision of the building official or city engineer
under this chapter may appeal to the city manager by filing a
written notice thereof within five (5) working days from the date
of mailing or receipt of notice of such action.
(b) After receiving a notice of appeal, the city manager
or the manager’s designee shall conduct a hearing within thirty
(30) days of the receipt of the applicant’s appeal, unless
otherwise agreed to by the applicant. The hearing shall be
informal, but oral and written evidence may be given by both sides.
The city manager or designee shall have the authority to grant or
deny the appeal or modify the decision appealed, and shall render
a written decision within ten (I0) working days after the date of
the hearing. The decision of the city manager or designee shall be
final.
16.28.370 Action against the security.
The building official or city engineer may act against the
appropriate security if any of the following conditions exist:
(a) The permittee ceases land-disturbing activities and/or
filling and abandons the work site ~prior to completion of the
grading plan.
(b) The permittee fails to conform to the interim plan or
final plan as approved or as modified under Section 16.28.250(a)
and has had his/her permit revoked under Section 16.28.350.
(c) The techniques utilized under the interim or final
plan fail within one year of installationi or before a final plan
is implemented for the site or portions of the site, whichever is
later.
(d) The building official or city engineer determines that
emergency action by the city is necessary to prevent excessive
erosion from occurring on the site.
The building official or city engineer shall use funds from
the appropriate security to finance remedial work undertaken by the
city or a private contractor under contract to the city, and to
reimburse the city for all direct costs incurred in the process of
the remedial work.
16.28.380 Release of security.
Security deposited with the city for faithful performance
of the grading and erosion control work and’ to finance necessary
remedial work shall be released according to the following
schedule:
(a) Securities held against the successful completion of
the grading plan and the interim plan, except for interim plans
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described in Section 16.28.220, shall be released to the permittee
at the termination of the permit, provided no action against such
security is filed prior to that date.
(b) Securities held against the successful completion of
the final plan and an interim plan described in Section 16.28.220
shall be released to the permittee~. either one year after
termination of the permit or when a final plan is submitted for the
unimproved site, whichever is later, provided no action against
such security has been filed prior to that date.
16.28.390 Fines and penalties.
Any person, firm, or corporation violating any provision of
this chapter shall be guilty of a misdemeanor and upon conviction
thereof shall be punished as provided in subsection (a) of Section
1.08.010 of this code. Each separate day or any portion thereof
during which any violation of this chapter occurs or continues
shall be deemed to constitute a separate offense, and upon
conviction thereof shall be punishable as provided in this section.
16.28.400 Enforcement--Citation authority.
The employee positions designated in this section may
enforce the provisions of this chapter by the issuance of
citations; persons employed in such positions are authorized to
exercise the authority provided in Penal Code Section 836.5 and are
authorized to issue citations for violations of this chapter. The
designated employee positions are: (i) chief building official; (2)
assistant building official; (3) building inspection supervisor;
code enforcement officer; and (4) supervisor, inspection and
surveying.
16.28.410 Cumulative Enforcement Procedures.
The remedies provided herein are not exclusive, and are in
addition to other remedies provided under this code, or under any
other law.
~E~IT!~_~. If any part of this ordinance is found not
valid, the remainder of this ordinance shall remain in effect.
SECTION 3. The Council finds that this project is exempt
from the provisions of the California Environmental Quality Act
("CEQA"), pursuant to section 15061 of the CEQA Guidelines, because
it can be seen with certainty that there is no possibility that the
amendments herein adopted will have a significant effect on the
environment.
SECTION 4. This ordinance shall become effective upon the
commencement of the thirty-first day after the date of its
adoption, provided, however, the provisions herein enacted shall be
operative from and after July ~, 1999.
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INTRODUCED:
PASSED:
~AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor
City Manager
Director of Planning &
Community Environment
Director of Public Works
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