HomeMy WebLinkAboutOrdinance 1576 N.C.S. 06/18/1984- ~ •`
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SECONDED BY
John Balshaw
AN ORDINANCE ADDING
CHAPTER 17.31, "GRADING AND
EROSION CONTROL" TO THE
PETALUMA MUNICIPAL CODE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. Chapter 17.31, "Grading and Erosion Control" is hereby added to
the Petaluma Municipal Code to read as follows:
"GRADING AND ERUSION CONTROL
Sections
17.31.010 Short Title
17.31.020 Purpose
17.31.030 Definitions
17.31.040 Actions Prohibited
17.31.050 Administration
17.31.060 Permit Required
17.31.070 Exemptions
17.31.080 Permit Conditions
17.31.090 Suspension or Revocation of Permit
17.31.100 Amendment of Permit
17.31.110 Extension of Time
17.31.120 Transfer of Permit
17~.31.130 ~pplication for Permit
17.31.140 Review of Application
17.31.150 Action on Application
17.31.160 Application Form
17.31.170 Site Map and Grading Plan (Grading Plan)
17.31.180 Soils and Geological Reconnaissance Report
(Soils Report)
17.31.190 Erosion and Sediment Control Plan
17.31.200 Time Schedule
17.31.210 Security
17.31.220 Fee Schedule
17 . 31. 230 Inspection
17.31.240 Erosion Control
17.31.250 General Regulations
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ORDINANCE NO. 1576 NCS
INTRODUCED BY COUNCILMAN
COUNCILMAN
William Perry
Ord. 1576 NCS Grading / Soils Erosion
1
17.31.260 Excavations
17.31.270 Fills
17.31.280 Drainage
17.31.290 Building and Property Line Setbacks
17.31.300 Completion of Work
17.31.310 Design Standards
17.31.320 Penalty and Enforcement
Section 17.31.010 Short Title
This Chapter shall be known as the "Grading Ordinance of the City of
Petaluma" and may be so cited.
Section 17.31.020 Purpose
The purpose of this Chapter is as follows :
1. To regulate grading on public and private property in order to:
a. Control erosion
b . Control sedimentation
c. Protect water quality
d. Safeguard health, safety, and the public welfare
2. To establish administrative procedures to carry out these
regulations .
Section 17.31.030 Definitions
The following definitions are adopted for the purpose of this Chapter:
1. APPLICANT. Any person, partnership, corporation, or agency
requesting permission to engage in any grading activity.
2. BENCH. A step constructed in the face of a cut or fill slope for
maintenance, access, and drainage purposes.
3. BORROW. Earth material acquired from an off-site location for use
in grading on a site.
4. DIVERSION . A temporary or permanent facility consisting of a
channel, ditch, or ridge constructed across a sloping land surface
to intercept and divert surface runoff in order to control its
erosive potential.
5. ENGINEERING GEOLOGIST. A geologist certified in the State of
California to practice engineering geology.
6. EROSION . Detachment and movement of soil or rock fragments by
water, wind, ice, and gravity.
Ord. 1576 NCS Grading/Soils Erosion 2
7. EROSION AND SEDIMENT CONTROL HANDBOOK. A book entitled,
"Erosion and Sediment Control Handbook" , published by the State
of California, Resources Agency, Department of Conservation.
8. EXCAVATION (CUT) . Any act by which soil or rock is cut into,
dug, quarried, uncovered, removed, displaced, or relocated.
9. FILL. A deposit of earth or other material placed by artificial
means.
10. FINAL EROSION AND SEDIM~NT CONTROL PLAN. A plan that
depicts the erosion control measures designed for a completed
project.
11. GRADE. The vertical location of the ground surface.
EXISTING GRADE is the grade prior to grading.
ROUGH GRADE is the grade approximately conforming to the
approved plan.
FINISHED GRADE is the final grade of the site which
conforms to the approved plan.
12. GRADING. Any excavation, stripping, cutting, filling,
stockpiling, clearing, or any combination thereof which alters land
or vegetation.
13. HILLSIDE SITE. A site having an average slope of 15 0 oz•
greater.
14. INTERIM EROSION AND SEDIMENT CONTROL PLAN. A plan that
depicts the erosion control measure designed for a project under
construction .
15. KEY . A trench or step cut into natural ground to hold fill on an
existing slope.
16. MULCHING . The application of plant residue or other suitable
materials to the land surface to conserve moisture, hold soil in
place, and aid in establishing plant cover.
17. QUARFtY. Any premises or site from which any rock, sand,
gravel, stone, earth, soil, or mineral is removed or excavated for
the purpose of disposition away from the immediate premises,
whether such disposition is immediate or in the future; excepting
excavation necessary for the construction of a building or
structure on the site of the excavation for which valid permits
have been issued, and excepting excavation which is all or part of
a grading operation to change the contours of the land in
conformance with a plan approved by the City for which a grading
permit has been issued.
Ord. 1576 NCS Grading/Soils Erosion 3
18. RAINY SEASON. The period of time between October 1 and the
following April 15.
19. RUNOFF. The surface flow of water, especially the flow following
precipitation .
20. SEDIMENTATION. The process by which mineral or organic matter
is removed from its site of origin, transported, and then deposited
by water, wind, or gravity.
21. SEDIMENT BASIN. A reservoir which retards flows sufficiently to
cause or allow deposition of transported sediment.
22. SITE. Any lot or parcel of land or contiguous combination
thereof, under the same ownership, where grading is performed.
23. SITE MAP AND GRADING PLAN (GRADING PLAN) . A plan as
required by Section 17.31.170 of this chapter.
24. SOILS ENGINEER. A Civil Engineer registered in the State of
California specializing and recognized in soil mechanics and
foundation engineering .
25. SOILS AND GEOLOGICAL RECONNAISSANCE REPORT (SOILS
REPORT) . A report as described in Section 17.31.180 of this
Chapter.
26. STOCKPILE. A supply of earth, rock, gravel, sand, or other
similar material temporarily accumulated and stored prior to final
disposition.
Section 17.31.040 Actions Prohibited
It shall be unlawful for any person to:
1. Perform any work within the scope of this Chapter without first
having obtained a permit from the Public Works Department
pursuant to this Chapter, and/or, from the Building Inspection
Department, where required by Chapter 70 of the Uniform Building
Code.
2. Grade in such a manner so as to:
a. Cause erosion or sedimentation on other property or on public
streets;
b. Obstruct or otherwise interfere with drainage, or deposit
sediment in natural or artificial drainage facilities; or
c. Construct or alter drainage facilities or alter drainage courses
without first obtaining a permit pursuant to Chapter 17.31.060
of this Article.
Ord. 1576 NCS Grading/Soils Erosion 4
Section 17.31.050 Administration
The Public 4Vorks Department is hereby designated as the City
department responsible for the administration of this Chapter.
Section 17.31.060 Permit Required
1. No person shall do any grading work without first obtaining a
permit as provided herein, including:
a. The excavation or removal of earth or rock from the surface
layers of the ground.
b. The movement or transportation of earth around, along, over,
or on the surface of the ground.
c. The deposition, placement, or compaction of earth materials
for the construction of embankments.
d. The clearing of vegetation.
2. A permit is required for each site where grading work is to be
done.
Section 17.31.070 Exemptions
All grading work must be done in accordance with the provisions of this
Chapter, except that a permit, pursuant to the provisions of this Chapter,
shall not be required for the following work:
l. Excavation below finished grade for basements and footing of a
building, retaining wall, swimming pool, or other structure
authorized by a valid building permit. This shall not exempt any
fill made with the material from such excavation nor exempt any
excavation having an unsupported height greater than five feet
after the completion of such structure.
2. Excavation for cemetery graves.
3. Excavation when all of the following conditions are met :
a. The quantity is 150 cubic yard or less.
b. The depth is 4 feet or less.
c. The slope of the cut face is 2 feet horizontal to 1 foot
vertical or less.
Ord. 1576 NCS Grading / Soils Erosion 5
4. Fill when all of the following conditions are met:
a. The quantity is 150 cubic yards or less placed on ground
sloping 20$ or less.
b. The height is 4 feet or less.
c. The slope of the fill embankment face is 2 feet horizontal
to 1 foot vertical or less.
d. The existing drainage patterns are not altered.
5. Minor agricultural land levelling when the change in elevation
is 3 feet or less.
6. Clearing vegetation when all of the following conditions are met:
a. The slope of the ground is 200 or less.
b. The area to be cleared is 1 acre or less.
c. Where the removal of such vegetation has been approved by
the Community Development and Planning Director as being
consistent with the City's General Plan/EDP and Zoning
Ordinance .
7. Grading in refuse disposal areas and sanitary landfills, and
mining, quarrying, excavating, processing, and stockpiling of
rock, sand, gravel, aggregate, or clay for which a use permit has
been granted by the City, where the operation and control thereof
is consistent with the grading standards set forth herein, and
where the work does not block or divert any natural drainage way
or increase runoff or sedimentation onto any adjacent or contiguous
property.
Section 17.31.080 Permit Conditions
Permits shall be subject to the following conditions, unless compliance
with a specific condition is waived by the Director of Public Works:
Ord. 1576 NCS Grading/Soils Erosion 6
1. A"hold harmless" clause must be executed by the Permittee. The
clause shall read as follows:
"The Permittee, for himself, his contractors, and
employees, agrees to save, indemnify and hold
harmless the City of Petaluma and its
representatives from all liabilities, claims and
judgments for damages by reason of injury or
death to any person or person, or damage to
property from any cause whatsoever while in,
upon or in any way connected with the work
covered by this Grading Permit, and does further
agree to defend the City in any claim arising out
of or as a result of the work done under this
permit whether or not there is concurrent passive
or active negligence on the part of the City, but
excluding liabilities due to the sole negligence or
willful misconduct of the City."
2. The work must be completed within the time period specified on
the permit.
3. The work must be in conformance with the approved Interim and
Final Erosion and Sediment Control Plan.
4. The area in which the work may be done shall be as specified in
the approved plans and on the permit.
5. The details of the work to be done shall be as delineated on the
approved plans and as noted on the permit.
6. Work shall be performed only within those hours specified in this
Chapter, unless other work hours are noted in the permit.
7. Haul routes shall be as delineated on the approved plans or as
noted on the permit. Any special safety precautions which must
be taken to guide pedestrian and vehicular traffic movements in,
around, and by the work shall be delineated on the approved
plans or as noted on the permit.
8. Posting of security must be in conformance with Section 17.31.210
of this Chapter.
9. A survey delineating the boundary lines of the site and adequate
horizontal and vertical control staking for the grading and erosion
control and drainage be provided under the supervision of a
licensed Land Surveyor or Registered Civil Engineer.
Ord. 1576 NCS Grading/Soils Erosion 7
10. An inspector working under the supervision of a registered Civil
Engineer must be on the site during grading operations.
11. The disposal site for any material removed from the grading site
must be approved by the Director of Public Works.
12. The extent of unprotected slopes allowed at any one time and the
time said slopes are allowed to remain unprotected shall be as
required by this Chapter unless noted otherwise on the permit.
13. The Director of Public Works may impose any other conditions he
may deem necessary to carry out the intent of this Chapter.
Section 17.31.090 Suspension or Revocation of Permit
1. A grading permit shall be suspended or revoked by the Director of
Public Works, unless exempted by said Director, if:
a. Conditions at the site vary appreciably from those shown on
the approved plans.
b. Construction does not conform to the approved Grading Plan,
Interim and Final Erosion and Sediment Control Plan, time
schedules, or conditions of the grading permit.
c. The site is left in a condition hazardous to the public or to
the adjacent properties, and the permittee does not comply
with reasonable requirements to correct said conditions.
d. The permittee does not comply with reasonable requirements
to safeguard the workmen, the public, or other persons
acting in a lawful manner.
e. The permittee, in connection with the operations for which
the permit was issued, fails to operate his equipment properly
on public roads; or allows material to encroach, obstruct, or
be deposited within a public road right-of-way or within a
drainage channel in a manner not authorized by said permit;
or causes unauthorized obstruction or diversion of drainage
channels .
f. The permittee fails to have a qualified person, working under
the supervision of a registered Civil Engineer, on the site
during operations when so required by the permit; or fails to
have the work under proper supervision at all times.
Ord. 1576 NCS Grading / Soils Erosion 8
g. Emergency conditions exist on the site which constitute a
threat to health, safety, or public welfare.
2. The Director of Public Works shall notify the permittee of the
suspension or revocation and, if emergency conditions do not
exist, shall give the permittee a period of time to correct the
cause of the suspension or revocation.
3. Upon notification from the Director of Public Works of the
suspension of the permit, the permittee shall cease all work in
connection with the permit with the exception of the work
necessary to correct the objectionable or emergency conditions
which caused the suspension of the permit. The permittee shall
then proceed at once to correct said objectionable or emergency
conditions .
4. If the permittee does not correct the cause of the suspension or
revocation, or if emergency conditions exist as determined by the
Director of Public Works, the City may perform or cause to be
performed the necessary work to bring the site to a safe condition
which will not endanger adjacent property or the public at large.
The City may collect the cost of this work from the permittee's
security.
5. Any permit which has been suspended may be either reinstated or
revoked by the Director of Public Works.
6. Whenever a permit has been revoked, work shall not commence
until a new application has been filed and approved incorporating
the necessary revisions required to fulfill the intent of this
Chapter, and a new permit has been issued.
Section 17.31.100 Amendment of Permit
1. All changes in the plans, grades, timing, or extent of work shall
be submitted to the Director of Public Works for written approval
and incorporation into the permit before any change in the work is
commenced. The Director of Public Works may amend the permit to
approve such changes if appropriate, or may deny approval of
such changes.
2. Failure to obtain prior approval for any change in the work shall
be cause for the suspension of the permit until approval is
obtained, and may result in the revocation of the permit if such
changes are deemed to be hazardous to adjoining properties or to
the public at large.
Ord. 1576 NCS Grading / Soils Erosion 9
Section 17.31.110 Extension of Time
1. The permittee may, before the expiration of the permit, apply for
an extension of tirne in which to complete the work in a reasonable
and expeditious manner.
2. Extensions of time may be granted by the Director of Public Works
for a period or periods not exceeding a total of one year.
3. Denial of an extension of time shall not preclude the right of the
permittee to apply for a new permit for the remaining balance of
the work .
4. Written consent of the surety to any extension of time cnust be
furnished before the approval of the extension becomes effective,
unless the security consists of a cash deposit.
Section 17.31.120 Transfer of Permit
1. The transfer of a permit from the permittee to another person shall
be subject to the prior written approval of the Director of Public
Works .
2. The person to whom permit a is being transferred shall agree in
writing to comply with all of the requirements of the original
permit and to such modifications as may be required, and shall
furnish the required security before transfer of the permit will be
approved.
Section 17.31.130 Application for Permit
The application for a permit must include all of the following items
unless exempted by other provisions of this (~hapter.
1. A completed permit application form.
(See Section 17.31.160)
2. A Site Map and Grading Plan.
(See Section 17.31.170)
3. A Soils and Geological Reconnaissance Report.
(See Section 17.31.180)
4. A Final Eros ion and Sediment Control Plan.
(See Section 17.31.190)
5. A time schedule for accomplishing the work.
( See Section 17 . 31. 200 )
Ord. 1576 NCS Grading / Soils Erosion 10
6. Any supplementary data as may be required by the Director of
Public Works .
7. Security to guarantee that the work will be done and completed in
accordance with the application and conditions of the permit, and
that the City will be reimbursed for any work it may be required
to perform to alleviate hazardous emergency conditions.
8. Application fees as set by resolution of the City Council.
Section 17.31.140 Review of Application
The review of the application for a permit shall take into consideration,
but shall not be limited to, the following criteria:
l. Whether the grading is not excessive beyond that necessary for
the permitted use of the site.
2. Whether the slopes can be effectively protected against erosion and
slippage.
3. Whether the finished contours are relatively natural and do not
distort the natural contours.
4. Whether hillside sites are suitable for development in the manner
proposed.
5. Whether the removal of natural vegetation is not excessive and that
it is done in a manner which will minimize erosion.
Section 17.31.150 Action on Application
1. If the application is complete and is in compliance with the
requirements of this Chapter, as determined by the Director of
Public Works, a permit will be issued.
2. Any application which is rejected because of insufficient data or
inadequate design shall be without prejudice.
3. Each permit shall be valid for a period of 1 year from the date of
issuance unless noted otherwise on the permit. The date the
permit expires shall be noted on the permit.
4. The application shall be rejected if the Director of Public Works
determines that the proposed work would cause excessive
disturbance of the land through grading or the removal of
vegetation.
5. The application shall be rejected if the Director of Public VVorks
determines that the proposed work will be significantly detrimental
to adjacent property, water quality, or the public in general.
Ord. 1576 NCS Grading/Soils Erosion 11
Section 17.31.1b0 Application Forn~
The following information is required on the application form:
l. The name, address, and telephone number of the applicant.
2. The names, addresses, and the telephone numbers of all property
owners other than the applicant.
3. The names, addresses, and telephone numbers of any and all
contractors or persons actually doing the work, and the work that
each will be doing.
4. The name, address, telephone number and registration number of
the party r esponsible for preparing the Grading Plan.
5. The name, address, and telephone number of the party responsible
for preparing the Erosion and Sediment Control Plan.
6. The name, address, and telephone number, and registration
number of the registered Civil Engineer responsible far the
preparation of the Soils and Geological Reconnaissance Report, if
required.
7. A description of the location of the excavation work.
8. A description of the location of the filling or disposal sites of the
excavated material if other than on the site of the excavation.
9. A brief description of the work to be accomplished.
10. The proposed use of the graded site.
11. The land use zoning .
12. The quantity of excavation in cubic yards.
13. The quantity of fill in cubic yards to be placed on the site.
14. The total quantity of grading on the site in cubic yards.
15 . The date of the application .
16. The signature of the owners of the site or their authorized
representative.
17. California Environmental Quality Act documentation.
Ord. 1576 NCS Grading / Soils Erosion 12
Section 17.31.170 Site Map and Grading Plan (Grading Plan)
1. The Grading Plan shall contain the following information :
a. A vicinity map showing the location of the work.
b. The property line boundary of the site.
c. All existing improvements on and adjacent to the property.
d. The existing and proposed contours of the site. The minimum
contour interval shall be 1 foot or less for slopes 5$ or
flatter, and 5 feet or less for slopes steeper than 5 0. The
A contour interval shall be small enough to clearly show the
drainage pattern of the site.
e. The existing and proposed drainage.
f. The extent and manner of the cutting of trees and the
clearing of vegetation, the disposal of same, and the measures
to be taken for the protection of undisturbed trees and
vegetation, unless this information is shown on an erosion and
sediment control plan .
g. Any other information required by the Director of Public
Works .
2. Runoff calculations must be submitted with the Grading Plan.
a. Maximum runoff shall be computed using the Rational Method.
The Rainfall Intensity-Duration Curve contained in "Flood
Control Design Criteria SCWA rev. 1973", or a similar curve
approved by the Director of Public VJorks, and "C" values
approved by the Director of Public Works shall be used in the
computation .
b. Runoff design shall accommodate the full and anticipated
future development within the drainage area.
c. Drainage channels having a drainage area of 4 square miles or
more shall be designed to contain a one-hundred year
frequency of occurrence runoff . Drainage channels having a
drainage area of less than 4 square miles and more than 1
square mile shall be designed to contain a twenty-five year
frequency of occurrence runoff. Drainage channels having a
drainage area of 1 square mile or less shall be designed to
contain a ten year frequericy of occurrence runoff .
Ord. 1576 NCS Grading/Soils Erosion 13
3. The maximum size of each sheet of the Grading Plan shall be 24
inches by 36 inches.
4. The scale of the Grading Plan shall be an engineering scale large
enough to show clearly all details, but not less than 1 inch equals
100 feet.
5. The details of any drainage structures or retaining walls must be
shown on the Grading Plan .
6. Specifications d'escribing proposed construction methods and
materials to be used must be submitted with the Grading Plan.
?. The Grading Plan must be signed by a registered Civil Engineer
and must be prepared under his direction.
8. An estimate of the cost of accomplishing the work described and
delineated on the Grading Plan and the permit must be submitted
in a form which is acceptable to the Director of Public Works .
Section 17.31.180 Soils and Geological Reconnaissance Report (Soils Report)
1. A Soils Report, prepared by a Soils Engineer and based upon
adequate test borings, shall be submitted unless all of the
following conditions are met and a building permit is not required:
a. The site is less than 1 acre in area and there is less than
1,000 cubic yards of excavation or fill.
b. The average slope of the site before grading is less than 20$.
c. The proposed excavation is less than 5 feet deep on land
sloping less than 20 0.
d. The proposed fill is less than 3 feet high on land sloping less
than 20 0.
e. The stability of the soil on t he site is clearly establishe d as
determined by the Director of Public Works.
2. The Soils Report shall include an adequate description of the
geology of the site, and conclusions and recommendations
regarding the effect of geologic conditions on the proposed
development.
3. The Soils Report shall include data regarding the nature,
distribution and strength of existing soils, and conclusions and
recommendations for grading procedures and design criteria for
corrective measure when necessary.
Ord. 1576 NCS Gradingl5oils Erosion 14
4. The Soils Report shall state or express the opinion that the
constructiori will be stable and will not present a hazard to the
adjacent property or to the public in general.
Section 17.31.190 Erosion and Sediment Control Plan
1. A Final Erosion and Sediment Control Plan, prepared by a
registered Civil Engineer, shall be submitted unless all of the
following conditions are met and a building permit is not required:
a. The site is less than 1 acre in area and there is less than
1, 000 cubic yards of excavation or fill.
b. The provisions for runoff control are in accordance with the
provisions of this Chapter and are acceptable to the Director
of Public Works
c. The average slope of the site before grading is less than 150.
d. The site is within zones C or D as shown on the U.S.
Department of Housing and Urban Development Flood
Insurance Rate Maps.
e. The proposed grading does not pose a threat to adjacent or
downstream properties as determined by the Director of Public
Works .
f. The proposed grading is deemed to have no significant
environmental impact as determined pursuant to the provisions
of the California Environnzental Quality Act, as amended, and
the regulations promulgated by the California Resources
Agency and the Petaluma City Council to implement said Act.
2. The Final Erosion and Sediment Control Plan must effectively
minimize soil erosion and sedimentation from the completed project
site and must also provide for the control of runoff from the site.
3. The Final and Interim Erosion and Sediment Control Plans shall
contain the following information:
a. A description and delineation of the vegetative measure to be
taken to minimize erosion and sedimentation.
b. A description and delineation of the temporary and permanent
measures to be taken to protect manufactured or disturbed
slopes from erosion by mechanical means, such as with
mulches, diversion dikes, etc.
Ord. 1576 PdCS GradingiSoils Erosion 15
c. The delineation of the drainage control measures to be taken.
d. The extent and manner of the cutting of trees and the
clearing of vegetation, the disposal of same, and the measures
to be taken for the protection of undisturbed trees and
vegetation .
e. The methods to be used for the disposal of excess materials.
f. The methods to be used for the control of dust.
g. A description and delineation of the temporary and permanent
measures to be taken to retain sedimerit on the site.
h. A description of the measures to be taken to maintain the
devices shown on the plan during grading operations and
construction on the site.
i. The extent of disturbed ground that will exist, what streets
will be paved, and what drainage devices will be installed
prior to the start of each rainy season.
j. Any other information required by the Director of Public
Works .
4. The Erosion and Sediment Control Handbook should be used as a
guide as to what measures should be taken for any particular set
of circumstances.
5. An Interim Erosion and Sediment Control Plan is required prior to
each rainy season during construction for a project for which a
Final Erosion and Sediment Control Plan is required by this
Chapter. The plan must be submitted in a timely manner to allow
the City to review and approve the plan prior to September 1.
The measures deli neated and described in the plan must be
operational prior to October 1.
6. An estimate of the cost of accomplishing the work described and
delineated on the Final and Interim Erosion and Sediment Control
Plans and the permit must be submitted in a form which is
acceptable to the Director of Public Works.
Section 17.31.200 Time Schedule
The time schedule shall define the staging of the work, including the
construction and implementation of the facilities shown on the Grading Plan
and the Interim and Final Erosion and Sediment Control Plan.
Ord. 1576 NCS Grading/Soils Erosion 16
Section 17.31.210 Securi
1. Faithful Performance-Grading The applicant shall secure the
faithful performance of the work described and delineated on the
grading plan and the permit if required by the Director of Public
Works in an amount not to exceed 100 0 of the approved estimate of
cost of performing said work. The security shall inure to the
benefit of the City. The security shall be one of the following at
the option of and subject to approval of the Director of Public
Works. The security shall be on a form subject to the approval of
the City Attorney.
a. Bond or bonds 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. A deposit, either with the City or a responsible escrow agent
or trust company, at the option of the City, or money or
negotiable bonds of the kind approved for securing deposits
of public moneys.
c. An instrument of credit from one or more financial institutions
subject to regulation to State or Federal Government and
pledging that the funds necessary to carry out the act
secured are on deposit and guarar~teed for payment, or a
letter of credit issued by such a financial institution.
2. Faithful Performance-Erosion Control The applicant shall
secure the performance of the work described and delineated on
the final and interim erosion and sediment control plans and the
permit in an amount to be determined by the Director of Public
Works but not less than 100 0 of the estimated cost of performing
said work. The form of security shall be as described in
Paragraph 1.
3. Maintenance Bond Security for the work shown on the Final
Erosion and Sediment Control Plan must be maintained for a period
of 1 year after the Director of Public Works certifies that the work
has been satisfactorily completed or until the erosion control
measures are permanently stabilized, as determined by the Director
of Public Works, whichever is longer.
4. Release Security for the work shown on the Grading Plan
will not be . released until the Director of Public Works certifies
that the work has been satisfactorily completed.
Ord. 1576 NCS GradinglSoils Erosion 17
Section 17.31.220 Fee Schedule
1. The following fees are to be paid ixi amounts to be established by
resolution of the City Council.
a. A permit fee which is to be paid at the time the permit
application is submitted.
b. An inspection fee which is based on the actual cost to the
City for inspection services.
2. A permit fee need not be paid for a revised application for a
project for which the original application was denied and the
original permit fee was paid, if the revised application is submitted
within a period of 1 year from the date of the original application,
and if the scope of the project has not changed.
Section 17.31.230 Inspection
l. No grading work shall be done before a permit is issued therefor.
2. The permittee shall notify the City 48 hours prior to starting work
at the beginning of the project and on each occasion where work
has stopped for more than 3 consecutive working days.
3. The City shall have the right to inspect the work regularly for
compliance with the requirements of this Chapter and the
conditions of the permit.
4. The City shall place special emphasis on inspection at critical times
in the sequence of construction, such as immediately prior to July
15, immediately prior to October l, immediately after the first
significant rainfall of the season, and after every heavy storm.
5. The Civil Engineer who prepared the grading plans shall submit a
progress report at the end of every month during which work was
done.
6. The permittee must call for City inspection for a drainage device
and the City must make its inspection before the device is
covered.
Section 17.31.240 Erosion Control
l. The Erosion and Sediment Control Handbook shall be used as a
guide for the design and suitability of erosion and sediment control
measures.
Urd. 1576 NCS Grading / Soils Erosion 18
2. The faces of cut and fill slopes must be protected against damage
by erosion and the methods utilized for such protection must offer
effective erosion control prior to the beginning of, as well as
during, the rainy season.
3. Where graded slopes are steeper than 3 feet horizontal to 1 foot
vertical or are higher than 10 feet, they sha11 be protected with a
ter:~porary soil stabilizatiori measure such as jute matting or an
equivalent mulch until planting is established.
4. The surface of all cut slopes higher than 5 feet and all fill slopes
higher than 3 feet must be permanently protected against damage
by erosion by the planting and establishment of protective
vegetation .
5. Slopes higher than 15 feet shall be planted with shrubs spaced 10
feet maximum on centers or trees spaced 20 feet maximum on
centers or a combination of shrubs and trees at equivalent
spacings in addition to other vegetative cover.
6. The planting or seeding of vegetative protection must be effective.
If the vegetation does not grow and offer proper protection, it
must be replanted or reseeded.
7. The maintenance of vegetative protection on graded slopes shall be
the responsibility of the permittee and sha11 be guaranteed until
the vegetation is well established as determined by the Director of
Public Works or until the maintenance is officially assumed by
another party approved by the Director of Public Works.
8. Sediment control facilities must be constructed and in working
order prior to the beginning of the rainy season and must prevent
sediment from being transported from the site.
9. The outlet from any sedimentation basin must be designed to
handle 1.5 times the maximum design inflow.
10. A standby emergency crew must be provided by the permittee and
must be available at alI times during the rainy season to repair
and maintain the erosion and sediment control devices.
11. Erosion control materials must be stockpiled on the site for
emergency repairs during the rainy season.
12. Minor protective devices that have been removed during the
working day shall be replaced at the end of the working day if the
chance of rain is greater than 40 0.
13. After each rainfall the permittee shall inspect all erosion and
sediment control devices and shall clean them and repair any
damage.
Ord. 1576 NCS Grading/Soils Erosion 19
14. Erosion control devices must be installed where drainage facilities
discharge into natural channels. The devices may be rip-rap or
concrete channel protection, stilling basins, check dams, drop
structures, or other devices which will effectively minimize erosion
in the opinion of the Director of Public Works.
Section 17.31.250 General Regulations
1. Work may be prohibited during inclement weather upon the order
of the Director of Public Works.
2. If the work is being done within 500 feet of residential or
commercial occupancies, the hours of work shall be limited to 6
a.m. to 8 p.m., Monday through Friday, and 8 a.m. to 5 p.m. on
Saturday.
3. Work must be controlled to prevent causing a public nuisance due
to dust, noise, vibration, etc.
4. Any blasting to be done shall conform to the provisions of the
Uniform Fire Code.
5. Topsoil stockpiled on the site must be protected from erosion.
6. Hauling routes are subject to the approval of the Director of
Public Works.
7. Work under this chapter does not exclude or preclude building
permit requirements under Section 70 of the Uniform Building
Code.
8. Work under this chapter does not exclude or preclude zoning and
California Environmental Quality Act requirements as administered
by the Community Development and Planning Director.
Section 17.31.260 Excavations
1. Cut slopes shall be no steeper than necessary, but shall in no
case be steeper than 2 feet horizontal to 1 foot vertical.
2. No cut slope shall be higher than 30 feet unless approved by the
Director of Public Works .
3. The top of the excavation slope shall not be closer than 3 feet to
the site boundary.
Ord. 1576 NCS Grading/5oils Erosion 20
/
Section 17.31.270 Fills
1. The area on which fill is to be placed shall be cleared of all
vegetation, such as trees, logs, stumps, and roots of trees,
brush, heavy growth of grass and weeds, and any other
objectionable material, such as debris, concrete foundations, metal,
or non-earthern materials which cannot be properly consolid ated or
will not support the load of the embankment or structures . The
cleared area shall extend to a width of 2 feet outside the area to
be filled. All trees, existing stumps and large roots shall be
removed, except that within the area where fills will be 3 feet or
more in height, trees may be cut flush with the existing ground
and grubbing of the remaining stumps will not be required except
at locations where sub-drainage, trenches, drain pipes,
foundations or other structures are to be constructed or where
unsuitable material is to be removed before construction of the
emb ankment .
2. The existing ground shall be prepared to receive fill construction
by:
a. The installation of subdrains to intercept and dispose of
waters from springs, aquifers, or other underground sources
of water; and storm drains to intercept and dispose of
surface waters where required on approved plan.
b. Compacting the ground area upon which any embankment is to
be constructed to a minimum relative compaction of 90$
throughout the top 6 inches.
3. Embankment fills shall not be constructed upon natural ground
slopes which are steeper than 5 horizontal to one vertical unless
such embankments are keyed into the natural ground; and the
native material together with the fill material shall be recompacted
to a relative compaction of 90%. The width of the steps for keying
new embankments to existing slopes shall be the widfh of the
compaction equipment plus 5 feet but not less than 10 feet. The
construction operation shall be such that a slip plane is not
created between the original material and the newly compacted
material.
4. Fill slopes shall be no steeper than necessary, but shall in no case
be steeper than 2 feet horizontal to 1 foot vertical.
5. No fill slope shall be higher than 30 feet unless approved by the
Director of Public Works.
Ord. 1576 NCS Grading/Soils Erosion 21
6. Except as noted below for rock fill, material for embankments and
backfill for excavations, slides, walls and other structures shall be
spread in layers not exceeding 8 inches in loose thickness before
compaction, and each layer shall be compacted to a relative
compaction of not less than 90 0 or as recommended by the Soils
Engineer .
7. The side slopes of all embankments shall be compacted by means of
tampers or rollers to a minimum of 85 o relative compactioxi or as
recommended by the Soils Engineer.
8. When fill material includes rock, individual rocks shall not be
greater than 3 feet in greatest dimension, and no rock larger than
6 inches in greatest dimension will be permitted closer than 18
inches below finished grade of the embankment. No large rocks
will be permitted to nest, and all voids shall be filled with earth
or other fine material and properly compacted.
9. At the time of compaction, the moisture content of the embankment
material shall be such that the relative compaction specified may be
obtained with the compacting equipment being used. Water shall
be added in the required amount to obtain the optimum moisture
content for achieving maximum density. Compaction of embankment
material which contains excessive moisture shall be delayed until
material has been allowed to dry to such an extent that the
relative compaction specified may be produced with the compacting
equipment being used.
10. Sufficient field tests to determine the relative compaction of the
ground and embankment material shall be taken and shall be
reported to the City.
11. Fill slopes shall not go beyond the project's boundary unless the
U. B. C. Chapter 70 is complied with and written permission or
easements have been granted by the adjoining owners.
Section 17.31.280 Draina~e
1. Benches at least 7 feet wide shall be installed on all cut and fill
slopes at not more than 20 foot vertical intervals .
2. All benches shall have City standard concrete v-ditches for
drainage. The ditches shall have a minimum gradient of . 5 o and a
maximum gradient of 3.50. On slopes greater than 3.5$ the
drainage system shall be designed to accept scouring velocities.
3. All natural embankments adjacent to or within residential lots 20
feet or more in height shall have benches and v-ditches near the
bottom of the slope to prevent runoff from the embankment from
flowing onto the residential lot.
Ord. 1576 NCS Grading / Soils Erosion 22
~1~
4. Runoff shall not be allowed to flow over the top of a slope onto
the slope face.
5. Drainage facilities must discharge into existing man-made drainage
facilities or into natural channels subject to the approval of the
Director of Public Works.
6. Drainage facilities must be designed to handle as a minimum the
runoff computed in accordance with the requirements and
standards of this Chapter as specified for runoff calculations which
must accompany the grading plan.
7, Finished building pads must slope a minimum of 1$ towards
drainage facilities unless paved areas are used or larger lots are
left undeveloped and an interim 1/2$ slope is satisfactory.
Constructed pad elevations sha11 be checked by a Civil Engineer or
licensed Land Surveyor prior to issuance of a building permit.
8. All drainage devices not accepted for maintenance by the City or
Sonoma County Water Agency must be maintained by the property
owner .
Ord. 1576 NCS Grading/Soils Erosion 23
„
Y ' •
Section 17.31.290 Building and Property Line Setbacks Slopes shall
be set back from buildings and property lines as shown on Figure 290-1.
PROPERTY LINE OR FACE
v-vii~.n
REQUIRED MlNIMUM SETBACK, FT.
H, FT. I A, FT. ~ I e, FT. 2 I
0- 10 ~H/2 , 3 FT. MIN. ~ 5 FT.
0-30 ~ 5 FT. ~ H/2
OVER 30 I 5 FT. I 15 FT. I
Figure 290-1
1. If the slope is flatter than 5 horizontal to 1 vertical, the required
setback is 2 feet.
2. If the slope is flatter than 5 horizontal to 1 vertical, and no
drainage ditch is located in this area, the required setback is 2
feet; otherwise use tabular value.
Section 17.31.300 Completion of Work
1. Upon notification of permittee,; City shall make a final inspection to
determine if all work has been completed satisfactorily in
accordance with the permit and the approved plans.
Ord. 1576 NCS Grading/Soils Erosion 24
•I
2. The soils engineer who prepared the Soils and Geological
Reconnaissance Report, if required, shall state or express the
opinion that all work has been done in accordance with this
Chapter, the approved plans and specifications, and the grading
permit and conditions thereof.
3. A reproducible copy of the Grading Plan and Erosion and Sediment
Control Plan reflecting any major changes made and showing
improvements as finally constructed must be submitted by the
grading contractor.
4. When all work has been completed satisfactorily in accordance with
the permit and the approved plans, and when the Director of
Public Works has received the required statements or opinions and
"as-built" copies of the plans, the Director of Public Works shall
issue a notice of completion to the permittee.
Section 17.31.310 Design Standards
1. Any method or material may be used to accomplish the results
specified in this Chapter, subject to the approval of the Director
of Public Works.
2. The Erosion and Sediment Control Handbook should be used for
guidance in designing erosion and sediment control facilities.
Section 17.31.3L0 Penalty and Enforcement
In addition to the other penalities specified by this code, any grading,
excavation or work performed contrary to the previsions of this chapter by
any person, firm, partnership, corporation, or agency, whether as
principal, agent, employee, or otherwise, shall be, and the same is hereby
declared to be, unlawful and a public nuisance. The City Attorney sha11, on
order of the City Council, ir:~mediately commence an action or proceeding for
the abatement and removal and enjoinment thereof in a manner px•ovided by
law, and shall take such other steps and shall apply to any court as may
have jurisdiction to grant relief as will abate or remove such use and
restrain and enjoin the violation. "
Section 2. Severabili
If any section, subsection, paragraph, subparagraph sentence, clause
or phrase of this Chapter is for any reason held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of this Chapter; and
Ord. 1576 NCS Grading/Soils Erosion 25
r. . .
. .
the Council declares that this Chapter and each section, subsection,
paragraph, subparagraph, sentence, clause, and phrase thereof would have
been adopted irrespective of the' fact that one or more of such section,
subsection, paragraph, subparagraph, sentence, clause or phrase be
declared invalid or unconstitutional.
This ordinance shall take effect and be in force on and after its final
passage and adoption.
c~,.+;,,,, ~
The City Clerk is hereby directed to ~b~~/publish this ordinance for
the period and in the manner required by the City Charter.
INTRUDUCED AND ORDERED PUBLISHED this 21st day of Ma~, 1984
ADOPTEll this 18th day of June , 1984, by the following vote:
AYES: Bataglia, Bond, Cavanagh, Balshaw, Vice Mayor Harberson, Nlayor
Mattei
NOES: None
AB SEN T : Perry
/ ~
.
Mayor Mattei
Attest:
ity er Bernar
ORD
Ord. 1576 NCS Grading/5oils Erosion 26