Chapter 6
EXCAVATIONS, GRADING, FILLING, AND EROSION CONTROL*
Sections:
Article 1. Definitions
7-6.104 Access and building envelope.
7-6.108 Approved erosion control specialist.
Article 2. Purpose, Intent, and Scope
Article 3. Permit Requirements and Conditions
7-6.303 Permit applications and requirements.
7-6.304 Jurisdiction of other agencies.
7-6.305 Protection of utilities.
7-6.306 Protection of adjacent property.
7-6.308 Conditions of approval.
7-6.310 Plans and specifications.
7-6.311 Engineering requirements.
Article 4. Design Standards
7-6.400 Design standards for excavations.
7-6.401 Design standards for fills.
7-6.402 Design standards for cut and fill setbacks.
7-6.403 Design standards for drainage facilities and terraces.
7-6.404 Design standards for erosion and sediment control.
7-6.405 Design standards for paving on private property.
Article 5. Inspections, Compliance, and Enforcement
7-6.500 Inspections and compliance.
7-6.501 Applicable laws and regulations.
7-6.502 Violations and noncompliance.
* Chapter 6 entitled “Excavations, Grading, and Filling”, consisting of Sections 7-6.01 through 7-6.12, as added by Ordinance No. 217 C-M, effective February 12, 1970, repealed by Ordinance No. 538-81 C-M, effective October 22, 1981.
Article 1. Definitions
7-6.100 General.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as set forth in this article.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.102 Accelerated erosion.
“Accelerated erosion” shall mean rapid erosion caused by human induced alterations of the vegetation, land surface topography, or runoff patterns. Evidence of accelerated erosion is usually indicated by exposed soils, active gullies, rills, and sediment deposits or slope failures caused by human activities.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.104 Access and building envelope.
“Access and building envelope” shall mean an area delineated on the site plan within which all grading, land clearing, and other disturbances for construction and access will be confined.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.108 Approved erosion control specialist.
“Approved erosion control specialist” shall mean a person who has a certificate of qualifications from the Santa Cruz County Resource Conservation District and is recognized by the City Engineer as capable of preparing erosion control plans.
(§ 1, Ord. 538-81 C-M, eff October 22, 1981)
7-6.110 City Engineer.
“City Engineer” shall mean the Director of Public Works and his duly authorized agents.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.120 Civil engineer.
“Civil engineer” shall mean a professional engineer licensed to practice civil engineering work by the State.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.122 Clearing.
“Clearing” shall mean the removal of vegetation and debris down to the bare soil by any method.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.124 Compaction.
“Compaction” shall mean the densification of earth and solids or fill by mechanical means.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.126 Design storm.
“Design storm” shall mean a storm with such intensity and duration that its magnitude would only be exceeded on the average once every ten (10) to fifteen (15) years. Such rainfall curve is a part of the Public Improvement Standards.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.128 Drainage course.
“Drainage course” shall mean a well-defined natural or man-made channel which conveys storm water runoff either year around or intermittently.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.130 Erosion.
“Erosion” shall mean the wearing away of the ground surface by the actions of water, wind, or gravity, or a combination thereof.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.132 Erosion hazard.
“Erosion hazard” shall mean the susceptibility of a site to erode, based on soils, the condition and steepness of a slope, rock type, vegetation, and other site factors.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.134 Excavation.
“Excavation” shall mean any act by which earth, sand, gravel, rock, or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed and shall include the conditions resulting therefrom.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.136 Fill.
“Fill” shall mean any act by which earth, sand, gravel, rock, or any other similar material is deposited, placed, pulled, or transported and shall include the conditions resulting therefrom.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.138 Grade.
“Grade” shall mean the vertical location of the ground surface or the degree of rise or descent of a slope.
(a) Existing grade. “Existing grade” shall mean the grade prior to any land disturbance of grading.
(b) Rough grade. “Rough grade” shall mean an approximate elevation of the ground surface conforming to the proposed design.
(c) As graded or finished grade. “As graded or finished grade” shall mean the final grade which conforms to the approved plan.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.140 Grading.
“Grading” shall mean an excavation or fill, or any combination thereof, and shall include the conditions resulting from any excavation or fill, excluding stripping and/or clearing.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.142 Key.
“Key” shall mean a designed terrace excavated into firm, undisturbed slopes to stabilize fills and increase shearing resistance.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.144 Keyway.
“Keyway” shall mean a designed compacted fill placed in a trench excavated in undisturbed earth material beneath the toe of a proposed fill slope to develop shearing resistance.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.146 Land disturbance.
“Land disturbance” shall mean the clearing, excavating, grading, or other manipulation of the natural terrain.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.148 Owner.
“Owner” shall mean the person shown in the office of the County Recorder as the owner of the property.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.150 Permittee.
“Permittee” shall mean the owner, contractor, or any person undertaking land disturbance activities upon a site pursuant to a permit granted by the City.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.152 Riparian corridor.
“Riparian corridor” shall mean those areas which fall into one of the following three (3) categories:
(a) An area extending fifty (50') feet, measured horizontally, from each side of a perennial stream. Distance shall be measured from the top of the existing bankfull flowline;
(b) An area extending thirty (30') feet, measured horizontally, from each side of an intermittent stream. Distance shall be measured from the top of the existing bankfull flowline; or
(c) An area extending thirty (30') feet from the high water mark of a marsh or a natural body of standing water.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.154 Runoff.
“Runoff’ shall mean the movement of surface water over the ground surface.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.156 Sediment.
“Sediment” shall mean eroded earth material which is carried by water, wind, or gravity and deposited into channels, lakes, rivers, or other areas.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.158 Site.
“Site” shall mean a lot or parcel of land or a series of lots or parcels joined together where land disturbances, including excavations, grading, filling, cutting, erosion control, clearing, or construction, are performed, permitted, or proposed.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.160 Slope.
“Slope” shall mean an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. Three to one (3:1) shall mean that for every three (3') feet moved horizontally, the ground surface will rise or drop one foot. Slope may also be expressed in percent and/or degrees from the horizontal.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.162 Soil.
“Soil” shall mean naturally occurring mineral and organic earth materials on the immediate surface overlying bedrock or parent material.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.164 Soils engineer.
“Soils engineer” shall mean a civil engineer licensed by the State and experienced in soil mechanics and slope stability analyses.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.166 Stream.
“Stream” shall mean any watercourse designated by a solid line or dash and three (3) dots symbol on the largest scale of a United States Geological Survey map most recently published.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.168 Supervised grading.
“Supervised grading” shall mean grading done under the supervision of a soils engineer.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.170 Terrace.
“Terrace” shall mean a relatively level step constructed in the face of a graded slope surface for erosion control, drainage, and maintenance purposes.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.172 Topsoil.
“Topsoil” shall mean the loose, friable, organic and fertile earth materials on top of a soil profile.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.174 Water break.
“Water break” shall mean a ditch, dike, or dip, or combination thereof, constructed to effectively divert water for erosion control.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
Article 2. Purpose, Intent, and Scope
7-6.200 Purpose and intent.
The purpose and intent of this chapter is to safeguard life, health, safety, and the public welfare; to protect fish and wildlife, riparian corridors and habitats, domestic and industrial water supplies, and private and public property; and to otherwise protect the natural environment from the effects of flooding, accelerated erosion, and/or siltation by establishing minimum requirements for regulating excavating, grading, filling, erosion control, cut and fill slopes, and procedures by which such operations are controlled.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.201 Scope.
This chapter sets forth guidelines, rules, regulations, and minimum standards to control all erosion, excavating, grading, maintenance, and cut and fill embankments. This chapter further requires the control of all existing and potential conditions of accelerated erosion establishes administrative procedures for the issuance of permits, provides for the approval of plans and inspections during construction and maintenance, and controls paving on private property which may be exempted under subsection (b) or (c) of Section 7-6.302 of Article 3 of this chapter.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
Article 3. Permit Requirements and Conditions
7-6.300 General provisions.
No person shall cause or allow the persistence of a condition on any site which could cause accelerated erosion. Accelerated erosion shall be controlled and/or prevented by the responsible person or the property owner by using the applicable measures set forth in this chapter. Additional applicable measures may be necessary and may be specifically required by the City Engineer.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.301 Hazardous conditions.
Whenever the City Engineer determines that an existing excavation or embankment or cut or fill has become a hazard to life, or endangers property, or adversely affects the safety, use, or stability of a public way or drainage channel, or causes a significant impact on the natural resources of the area, the owner of the property upon which the excavation or cut or fill is located, or other person or agent in control of the property, upon receipt of notice in writing from the City Engineer, within the period specified therein, shall repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this chapter. Erosion problems shall be controlled no later than October 15 of each year.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.302 Permit exemptions.
Any and all excavating, grading, filling, clearing, and/or erosion control shall require a permit issued by the City Engineer, except for the following:
(a) Emergency work. Work necessary to preserve life or property; provided, however, when emergency work is performed under this section, the person performing such work shall report the pertinent facts relating to the work to the City Engineer within five (5) days after the commencement of the work and shall thereafter obtain a permit pursuant to Section 7-6.303 of this article and perform such work as may be determined by the City Engineer to be reasonably necessary to correct any erosion or condition with a potential to cause erosion as a result of the emergency work;
(b) Excavations. An excavation which does not exceed fifty (50) cubic yards and is less than two (2') feet in depth;
(c) Fill. A fill, containing permitted materials only, which is less than two (2') feet in depth, is placed on natural terrain with a slope flatter than five (5) horizontal to one vertical, does not exceed fifty (50) cubic yards on any one site, does not alter or obstruct a drainage course, and will not be used for structural support or roadways. Any fill in a riparian zone shall not be exempt;
(d) Basements and footings. An excavation below the finished grade for the basements and footings of a building, retaining wall, or other structure authorized by a valid building permit. This subsection shall not exempt any fill, except as provided by subsection (c) of this section, made with the material from such excavation;
(e) Cemeteries. Excavations or the deposition of fill material within a property which is used for cemetery purposes, except where such grading is within twenty-five (25') feet of the property line or intended to support structures;
(f) Refuse disposal. Refuse disposal sites which are permitted and actually being controlled pursuant to other City regulations and excavations for individual and community sewage disposal systems made pursuant to other City permits;
(g) Wells and utilities. Excavations for wells, tunnels, or utilities made pursuant to other permits;
(h) Soil investigations. Exploratory excavations under the direction of soils engineers or engineering geologists where such excavations are to be returned to the original condition under the direction of such engineer or geologist within forty-five (45) days after the start of the work; and
(i) Public improvement projects. Grading in connection with public improvement projects for which inspections are provided by the City.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.303 Permit applications and requirements.
Except as exempted by Section 7-6.302 of this article, no person shall do, cause, permit, aid, abet, suffer, or furnish equipment or labor for any excavating, grading, filling, clearing, or erosion control work without obtaining a permit from the City Engineer by the owner of the property or the owner’s agent when authorized in writing.
(a) A separate permit shall be required for each site and shall cover both excavations and fills.
(b) The issuance of a permit shall constitute an authorization to do only that work which is described or illustrated on the site plans and specifications approved by the City Engineer.
(c) The approval of a new development shall require the abatement of any existing accelerated erosion problem on the property.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.304 Jurisdiction of other agencies.
Permits issued under the requirements of this chapter shall not relieve the permittees of responsibility for securing required permits for work to be done which is regulated by any other Code, department, or division of the City or another governmental agency.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.305 Protection of utilities.
During grading operations, the permittee shall be responsible for the prevention of damages to any public utilities or services. Such responsibility shall apply within the limits of grading and along any routes of travel of equipment.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.306 Protection of adjacent property.
The permittee shall be responsible for the prevention of damages to adjacent property, and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, structure, or other public or private property from settling, cracking, or other damages and otherwise complying with Section 832 of the Civil Code of the State.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.307 Safety.
All persons performing any grading operation shall put into effect all safety precautions and devices to protect the life, health, and welfare of private and public property from damages of any kind.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.308 Conditions of approval.
In granting any permit under this chapter, the City Engineer may attach such conditions as may be reasonably necessary to prevent the creation of a nuisance or hazard to persons or public or private property. Such conditions may include, but shall not be limited to, the improvement of any existing grading to bring it up to the standards of this chapter and the fencing of excavations or fills which otherwise would be hazardous. Such conditions shall be written on the permit.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.309 Liability.
Neither the issuance of a permit under the provisions of this chapter, nor the compliance with the provisions of this chapter or with any condition imposed in the permit issued pursuant to this chapter shall relieve any person from responsibility for damages to other persons or property nor impose any liability upon the City for damages to other persons or property.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.310 Plans and specifications.
Four (4) sets of plans, plus supporting data, shall be required for each application. Plans shall be drawn to a scale of one inch equalling fifty (50') feet, or larger, upon substantial material, a minimum size of eighteen (18") inches by twenty-four (24") inches, and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that the work will conform to the provisions of this chapter and all relevant laws and regulations. The first sheet of each set of plans shall include the location of the work, Assessor’s parcel number, name and address of the owner, and name and address of the person by whom the plans were prepared. The plans shall include the following information in writing, diagrams, and/or scale drawings:
(a) Statements as to the specific intention or ultimate purpose for which the grading is being done;
(b) The general location and vicinity of the property site;
(c) The property lines and accurate contours of the existing ground and details of terrain and area drainage without existing vegetation. Contour intervals shall be one foot when the natural ground slope is less than five (5%) percent, two (2') feet when the slope is five (5%) percent to ten (10%) percent, and five (5') feet when the slope is over ten (10%) percent. Contours shall overlap fifteen (15') feet onto adjacent property;
(d) The limiting dimensions, elevations, or finished contours to be achieved by the grading and proposed drainage channels and related construction, including the proposed vegetation and landscaping. Finished grade contours shall be shown as they relate to surrounding property contours;
(e) Detailed plans and locations of all temporary and permanent structures and nonstructure erosion and sediment control measures required by this chapter;
(f) The planned direction and disposition of all storm drainage flow and approximate grade from all buildings, yards, lots, driveways, parking areas, and streets. A map showing the drainage area with the complete drainage network and the estimated runoff of the area served by any drain shall be clearly shown. The location, capacity, and condition of any flood plains, sloughs, or drainage courses in the pathway of off-site runoff or drainage shall be indicated;
(g) Vegetative erosion control and revegetation measures for all surfaces exposed or expected to be exposed during grading activities as a part of the overall erosion and sediment control plans;
(h) The locations of buildings or structures on the property where the work is to be performed and the approximate locations of buildings or structures on adjacent lands owned by other owners, which land is within fifteen (15') feet from the property line or which may be affected by the proposed operations;
(i) A statement of the estimated quantity of excavation, fill, and other work involved, along with the appropriate shrinkage factor;
(j) Specifications shall contain information covering the construction and material requirements;
(k) The estimated starting and completion dates;
(l) A soil description as found in the United States Department of Agriculture Soils Survey Report of the County and vegetative establishment and growing capabilities, where applicable;
(m) The extent and manner of tree cutting and/or vegetative clearing, including a disposal plan;
(n) A provision for stockpiling topsoil when necessary for erosion control or landscaping; and
(o) The north arrow and written and graphic scales.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.311 Engineering requirements.
A civil engineer shall prepare and sign the plans and specifications and be the coordinator and liaison between other professionals, owners, contractors, and the City Engineer for grading in excess of 500 cubic yards. An erosion control plan will be required as a part of the grading plan and shall show the runoff comparison within and without the project.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.312 Supervised grading.
All grading in excess of 1,000 cubic yards shall be performed under the supervision of a soils engineer registered in the State.
(a) Four (4) copies of a soils report shall be required, and the plans shall be reviewed and approved in writing by a soils engineer or engineering geologist.
(b) The soils engineer shall review the grading plan before construction. The soils engineer shall sign the grading plan.
(c) Soils tests shall be required during construction, and a final report shall be filed by the soils engineer certifying the compaction and acceptability of all fills.
(d) Supervised grading shall be accomplished by a contractor licensed for grading in the State.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.313 Soils reports.
(a) The soils engineering report shall include, but need not be limited to, data regarding the feasibility of the site for the proposed use. Such report shall include recommendations for surface and subsurface drainage, slope stability, seismic design, erosion control, pavement thickness design, foundation recommendations, and soils descriptions as defined in the United States Department of Agriculture Soil Survey of the County, including soil types, depths, erodibility, and vegetative establishment and growing capabilities.
(b) Recommendations included in the soils reports, when approved by the City Engineer, shall be incorporated in the plans and specifications.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.314 Variances.
A request for a variance from the provisions of this chapter, the permit conditions, or the plans and specifications may be approved, conditionally approved, or denied by the Council. A request for a variance shall state in writing the provision to be varied, the proposed substitute provision, when it would apply, and its advantages.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.315 Work time limits.
The permittee shall fully perform and complete all the work required to be done within the time limits specified. If no time limit is specified, the permittee shall complete the work within 180 days after the date of the issuance of the permit. If the work has not started within ninety (90) calendar days after the issuance of the permit, the permit shall expire. The permit shall expire if the work authorized is started and suspended or abandoned for thirty (30) calendar days, unless such suspension is approved in advance by the responsible official. If the permittee is unable to complete the work within the specified time, the permittee, prior to the expiration of the permit, shall present in writing a request for an extension of the time, setting forth the reasons for the requested extension. If, in the opinion of the City Engineer, an extension is warranted, additional time may be granted for the completion of the work.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.316 Fees.
Fees for plan checking, variances, permits, and/or other services shall be set by resolution of the Council.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.317 Sureties required.
A permit shall not be issued for excavations or fills in excess of 500 cubic yards unless the permittee shall first post with the City Engineer a surety bond in favor of the City, executed by the owner or permittee or representative thereof, in an amount sufficient to cover the cost of the project. A cash bond in a like amount shall be acceptable. The conditions of the surety shall be that the project for which the permit is issued will be completed in accordance with the plans and specifications as approved by the City Engineer and the terms of the permit issued. Bonding shall remain in effect one full winter cycle, from October 15 through April 15, after the final inspection and approval.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
Article 4. Design Standards
7-6.400 Design standards for excavations.
(a) Slopes. Cut slopes shall be no steeper than three (3) horizontal to one vertical and shall not exceed twenty (20') feet in vertical height without a terrace break. Due to individual site soils and geology, flatter and shorter slope lengths may be conditioned on the permit by the City Engineer. Cut slopes shall be rounded off so as to blend in with the natural terrain.
(b) Stockpile materials. Stockpile materials for trenches and pits shall be put upslope of the excavation to be promptly backfilled and compacted into trenches and pits. Excavated materials not needed at the site shall be removed or disposed of at a location approved by the City Engineer.
(c) Vegetative protection. All earth cuts shall be planted or otherwise protected from storm runoff erosion within fifteen (15) days after the completion of the final erosion control and grading work. Planting shall be irrigated to establish a root system before October 15.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.401 Design standards for fills.
(a) Fill locations. Fill placed on natural slopes shall be constructed as specified by the civil engineer or soils engineer, or by the City Engineer when less than 500 cubic yards, utilizing keys, drainage, and other measures necessary to assure a permanent and stable fill. The toe of the fill shall be no closer than twelve (12') feet horizontally to the top of the existing or planned cut slopes. The area beyond the toe of the fill shall be sloped for sheet overflow, or a drain shall be provided.
(b) Ground preparation. Natural ground surfaces over which fills are planned shall first be cleaned of all trash, vegetation, stumps, debris, noncomplying fill, topsoil, and other unsuitable materials and shall be scarified prior to the placement of the fill. Where slopes are five to one (5:1) or steeper, a keyway shall be dug, as determined by the soils engineer and/or engineering geologist, into undisturbed, solid competent soil or bedrock beneath the toe of the proposed fill. The keyway shall be at least ten (10') feet wide where fill is to be placed over a cut, and the terrace shall be cut and approved as a suitable foundation for fill before the fill is placed.
(c) Materials permitted. Only approved materials free of tree stumps, detrimental amounts of organic matter, trash, garbage, sod, peat, and/or similar materials shall be used. Rocks or broken concrete larger than six (6") inches in greatest dimension shall not be used. Topsoil may be used in the top twelve (12") inch surface layer to aid in planting and landscaping.
(d) Compaction of fills. All fills shall be compacted to a minimum relative dry density of ninety (90%) percent as determined by ASTM D-1557-78, or State of California test method number California 216, or Uniform Building Code Standard No. 70-1. Field density verification shall be submitted for any fill. A higher percentage density and/or additional compaction tests may be required at any time by the City Engineer.
(e) Fill slopes. Fill slopes shall be no steeper than three (3) to one and shall not exceed twenty (20') feet vertical height without a terrace break. Tops of fill slopes shall be rounded off so as to blend with the natural terrain.
(f) Vegetative protection. All earth fill shall be planted or otherwise protected from the effects of storm runoff within fifteen (15) days after the completion of the final grading, and planting shall be irrigated to establish a root system.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.402 Design standards for cut and fill setbacks.
(a) Minimum setbacks. Minimum setbacks for cut and fill slopes shall be set back from property boundaries and structures as far as necessary for the safety of the adjacent properties and to prevent damages resulting from water runoff by flooding, erosion of the slopes, or by sediment deposition. Setbacks shall be five (5') feet minimum from adjacent property.
(b) Stream and riparian setbacks. Toes of cut and/or fill slopes shall not encroach upon streams, floodplains, channels, or bodies of standing water and shall be set back far enough to provide and maintain an undisturbed protective strip between the grading and the riparian corridor. Such strip shall have sufficient filter capacity as determined by a biologist to prevent the degradation of the water quality. If it is determined that the filter capacity of the protective strip is insufficient, additional erosion and silt control may be required by increasing the width of the protective strip, and/or by the installation of structural measures, and/or by reseeding, planting, or mulching bare soil areas.
(c) Retaining walls. When keyed into stable foundation material and capable of sustaining the design loads, retaining walls may be used to reduce the required cut and fill setbacks when recommended by the civil engineer and/or engineering geologists and approved by the City Engineer. Retaining walls constructed in connection with site grading shall be constructed of concrete or masonry material. Retaining walls constructed on or within five (5') feet of property lines shall be constructed of concrete or masonry material. Masonry or concrete walls shall conform to the Public Improvement Standards or the Concrete Masonry Design Manual.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981, as amended by § 1, Ord. 636-84 C-M, eff. April 26, 1984)
7-6.403 Design standards for drainage facilities and terraces.
(a) Drainage facilities.
(1) Disturbances of natural drainage ways shall be kept to a minimum, and existing drainage courses shall not be obstructed or obliterated without mitigating measures installed.
(2) Whenever a grading operation obstructs or impairs the flow of runoff in an existing drainage course, a culvert, bridge, or other suitable drainage facility properly designed and acceptable to the City Engineer shall be installed to convey the flow past the point of impairment. No construction materials or construction by-products shall be discarded in any drainage way or riparian zone.
(3) Drainage facilities shall be culverts, pipe drains, asphalt, or concrete channels designed to safely carry existing and potential off-site runoff from a fully-developed area upstream, as well as local on-site surface and subsurface waters to the nearest adequate drainage course designated for such purposes by the City Engineer. Properly designed energy dissipators shall be required at the point of discharge.
(4) Culvert size and industry standard materials shall be used in accordance with City standard design criteria and as approved by the City Engineer. The minimum pipe diameter shall be twelve (12") inches.
(5) Cuts, fills, and retaining walls shall have subsurface drainage facilities as necessary for stability.
(6) Berms, ditches, interceptor drains, or swales may be constructed at the top of cut and fill slopes when necessary for protection against water runoff. Interceptor drains above cut or fill slopes with an area exceeding one acre shall be paved with an approved non-erodible impervious material a minimum of three (3") inches thick, twelve (12") inches deep, and thirty-six (36") inches wide and shall discharge into downdrains. Asphalt ditches will not be allowed. Energy dissipators may be required by the City Engineer.
(7) At least a two (2%) percent grade will be required toward an improved storm drainage facility, either existing or planned, from all building sites, pads, yards, roof drains, and driveways.
(8) Grading equipment shall disturb or cross flowing streams only with prior approval from the City Engineer and the Department of Fish and Game of the State.
(b) Terraces.
(1) Terraces at least eight (8') feet in width shall be established at not more than twenty (20') foot vertical intervals. Suitable access shall be provided to permit the proper grading and maintenance of such terraces. Where only one terrace is required, it shall be at midheight.
(2) Swales or interceptor pipes, drains, or ditches on terraces and on the top of cut slopes shall be designed to carry water and sediment to safe disposal structures and areas. Swales shall be paved with an approved nonerodible material a minimum of three (3") inches thick, one foot deep, and five (5') feet wide when accepting drainage from an area of one acre or larger.
(§ l, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.404 Design standards for erosion and sediment control.
(a) General.
(1) Erodible areas. Buildings and access envelopes shall be delineated on the development plans when necessary to keep disturbances out of particularly erodible areas. Exposed soil shall be protected from erosion by temporary and/or permanent measures. Such protection may consist of mulching, plastic sheeting, vegetation, or other approved methods.
(2) Slopes. Structures on existing slopes exceeding thirty (30%) percent shall utilize pole, step, or other such foundations which do not require major land disturbances.
(3) Concentrated runoff. Where concentrated runoff will occur, it will be carried in pipe or culvert conduits or over asphalt or concrete surfaces. All conduits shall have proper energy dissipators at the point of discharge when necessary to prevent erosion.
(4) Building and site runoff. Runoff from buildings, roads, driveways, and the total site area shall be controlled by berms, swales, ditches, structures, vegetative filter strips, and/or catchbasins to prevent the escape of sediment from the site.
(5) Erosion control with project installations.
(i) All vegetative and/or structural measures required to discharge any accelerated runoff generated by the project shall be installed during the first or initial construction phase of the project.
(ii) Land shall be developed in increments of workable size which can be completed in a single construction season. Erosion and sediment control measures shall be coordinated with a sequence of grading, development, and construction operations, and erosion control measures shall be put into effect prior to the commencement of the next increment and/or winter rainy season.
(iii) Prior to the completion and final acceptance of the project, all erosion control measures shall be in place, and the soil shall be mulched, fertilized, and otherwise prepared so that the exposed bare soil is planted to a permanent vegetative cover. Native or naturalized vegetation should be used.
(6) Maintenance. All on-site erosion control facilities shall be properly maintained by the owners for the life of the project so that such facilities do not become nuisances with stagnant water, excessive algae growth, insect breeding, odors, discarded debris, and/or safety hazards. Vegetative maintenance measures required may include mowing, fertilization, irrigation, and replanting and/or reseeding.
(b) Summer operations: April 16 to October 14.
(1) Vegetative removal. Development plans shall indicate the areas where vegetation is to be removed and replaced within the building and access envelopes. Vegetation removal shall be limited to that amount necessary and as indicated on the approved development plan. The method and time shall be such that the erosive effects are minimized.
(2) Vegetative disposal. Vegetation removed during disposal operations shall be disposed of by chipping, used as mulch or compost, or be burned or hauled away. Burning shall comply with local air pollution district regulations, and no long branches or charred pieces shall be permitted to remain.
(3) Topsoil. To promote the regrowth of vegetation, the topsoil shall be stockpiled and reapplied upon the completion of the grading on slopes of less than five to one (5:1) twenty (20%) percent. Soil stockpiles and exposed soils shall be protected from wind and water erosion at all times.
(4) Temporary vegetation. Temporary vegetation of annual grass sufficient to stabilize the soil while permanent vegetation cover is maturing shall be used on all disturbed areas when needed and as each stage of grading is completed.
(5) Dust control. Dust from grading operations shall be controlled. The permittee shall be required to keep adequate equipment on the grading site to prevent dust problems.
(6) Seedbeds. A firm, rough seedbed free of rocks, stumps, and/or other debris shall be established. “New crop” certified seed, ninety-five (95%) percent pure, with a minimum of eighty (80%) percent germination, shall be used. Legume seed shall be inoculated with the proper strain of nitrogen-fixing bacteria. Fertilizer and seed may be applied by hydromulching or other methods.
(7) Planting: Maintenance. Within fifteen (15) working days after the completion of the final grading, all bare earth slopes shall be planted. Within fifteen (15) days after planting, the permittee shall commence the watering or irrigation of the planted area and continue until the ground cover is fully developed or the winter rains start.
(c) Winter operations. October 15 to April 15.
(1) Existing ground cover shall not be cleared, destroyed, burned, or disturbed more than fifteen (15) days prior to grading or construction work, unless approved in advance by the City Engineer.
(2) When land development work is allowed during the normal rainy winter season, adequate erosion and sediment control measures shall be in place during any land disturbance. Temporary erosion control measures of straw, plastic netting, and the like shall be applied to all soils bared at the end of each day and/or prior to a storm event. Sufficient erosion control materials shall be kept on the site at all times for installation.
(3) All cut and fill slopes without satisfactory vegetative cover between October 15 and April 15 shall be mulched with a minimum of 4,000 pounds per acre of slope surface or 1,000 pounds per 10,000 square feet. Mulch shall be anchored to the slope by punching or tacking into the soil or with netting installed over the mulch. Additional mulching and/or other anchoring methods may be required by the City Engineer.
(4) A firm, rough seedbed free of rocks, stumps, and/or other debris shall be established. “New crop” certified seed, ninety-five (95%) percent pure, with a minimum of eighty (80%) percent germination, shall be used. Legume seed shall be inoculated with the proper strain of nitrogen-fixing bacteria. Grass/legume seed and fertilizer mixtures shall be applied just prior to and along with the mulching required by subsection (3) of this subsection.
(5) Within ten (10) working days after seeding, fertilizing, and/or mulching, the permittee shall commence the irrigation of the seeded areas or slopes and shall continue until the ground cover is fully developed. Berms, diversions, catchbasins, or protective measures shall be installed prior to seeding and mulching.
(6) All erosion control planting and mulching shall be closely monitored throughout the winter and runoff problems corrected promptly. All erosion and/or slippage of banks shall be repaired by the permittee at the permittee’s expense.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.405 Design standards for paving on private property.
Paving on private property shall be any paving with asphaltic or concrete material on areas to be used for vehicle parking or storage, outdoor storage, access ways, loading docks, athletic courts, and other uses requiring asphaltic paving.
(a) Plans. Four (4) copies of a plan shall be submitted showing the location and extent of the work, the owner’s name and address, and the name and address of the persons preparing the plan. The plan should show the following:
(1) The location and dimensions of the area to be paved;
(2) The structural section of the paving;
(3) Sufficient grades to determine the direction of drainage;
(4) The drainage structures and piping; and
(5) A description of the conditions of the existing surface to be paved.
(b) Work time limits. The work time limits shall be as provided in Section 7-6.315 of Article 3 of this chapter.
(c) Fees. Fees shall be in accordance with Section 7-6.316 of Article 3 of this chapter. In addition, there shall be a drainage fee charged in accordance with the current City fee schedule.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
Article 5. Inspections, Compliance, and Enforcement
7-6.500 Inspections and compliance.
All excavations, grading, filling, clearing, and work for which a permit is required under this chapter shall be subject to inspection by the City Engineer. The City Engineer may also require that supervision, regular inspections, and special testing be performed and certified by the licensed professional who prepared the approved plan, or the City Engineer may require that supervision, inspections, and testing be done by an independent approved testing agency to insure compliance with this chapter and the permittee’s permit conditions.
(a) Inspections. The following inspections shall be required but not limited to:
(1) Pre-site inspections to determine the suitability of the proposed project and the existing and potential erosion and sediment hazards;
(2) Periodic inspections during the project progress, including compaction and special testing, as may be required by the approved plan; and
(3) Final inspections determining compliance with the terms and conditions of this chapter and the permits.
(b) Notification. The permittee shall notify the City Engineer two (2) working days prior to the beginning of the operation authorized by the permit and one complete working day prior to any inspection or testing requested by the permittee.
(c) Right of entry. The filing of an application permit under this chapter shall constitute a grant of permission for the City Engineer or authorized testing agency to enter the permit area for the purpose of administering this chapter from the date of the application to the termination of the maintenance period. If necessary, the City Engineer shall be supplied with a key or lock combination or be permitted to install a City lock.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.501 Applicable laws and regulations.
Any person doing work in conformance with this chapter shall also abide by all other pertinent local, State, and Federal laws and regulations. Where there is a conflict with other City regulations, the more restrictive regulation shall take priority.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)
7-6.502 Violations and noncompliance.
(a) Work stoppage. Whenever the City Engineer determines that the work does not comply with the terms of the permit or of this chapter, the immediate cessation of all work thereunder may be ordered until such corrective measures have been completed. The site shall be posted with a “Stop Work” notice. No building, encroachment, or other permit shall be issued by the City until corrections have been made to the satisfaction of the City Engineer.
(b) Access upon violations. Whenever the City Engineer has reasonable cause to believe that there exists accelerated erosion which is in violation of this chapter, the City Engineer may enter such site at all reasonable times to inspect the same and to perform any duty imposed by this chapter; provided, however, if such premises are occupied, the City Engineer shall first present proper credentials and request entry, and if such premises are unoccupied, the City Engineer shall first make a reasonable effort to locate the owner or other persons having charge of the control of the premises and request entry. If such access is refused, the City Engineer shall have recourse to every remedy provided by law to secure entry.
(c) Notification of violations. Any person found to be in violation of the provisions of this chapter shall be required to correct the problem upon written notification from the City Engineer. Such written notification may require that certain conditions be adhered to in the correction of the problems, which conditions may include, but shall not be limited to, the following:
(1) The use of specific erosion control techniques;
(2) The submittal of plans and specifications to be approved by the City Engineer prior to the commencement of the corrective work; and
(3) The completion of the corrective work within a specific time period.
(d) Nuisance abatement of violations. If the owner of the property or permittee fails to act in response to the written notification from the City Engineer, the erosion problem may be declared a public nuisance and be abated according to the procedures set forth in this Code. Where there is an emergency condition of erosion or sediment damaging a waterway, marsh, or other body of water or private or public property, the City Engineer may have the necessary corrective work done and bill the property owner.
(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)