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O 537 - ORDINANCE NO. 537 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING ARROYO GRANDE MUNICIPAL CODE CHAPTER 13.24 REGARDING EXCAVATION, GRADING, EROSION AND SEDIMENT CONTROL WHEREAS, to update the subject code section to comply with the current version of the California Building Code Appendix Chapter 33 entitled "Excavation and Grading". WHEREAS, to update the subject code section to comply National Pollution Discharge Elimination System (NPDES) requirements for stormwater control incorporating best management practices. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1: Chapter 13.24 of the Arroyo Grande Municipal Code is hereby amended in its entirety, all as shown in Exhibit A attached hereto and incorporated by this reference as though set forth in full. SECTION 2: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unlawful. SECTION 3: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the Director of Administrative Services/Deputy City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the Director of Administrative Services/Deputy City Clerk shall post a certified copy of the full text of such adopted Ordinance. This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. ORDINANCE NO. 537 PAGE TWO On motion of Council Member Runels, seconded by Council Member Dickens, and on the following roll call vote, to wit: AYES: Council Members Runels, Dickens, Lubin, Costello, and Mayor Ferrara NOES: None ABSENT: None the foregoing Ordinance was passed and adopted this 28th day of January, 2003. -.- ORDINANCE NO. 537 PAGE THREE TON~OR ATTEST: LU.ft KELLY WE MORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: SE:--" .~ ~- ..:" _//~~ ) STEVEN ADA , CITY MANAGER APPROVED AS TO FORM: ATTORNEY EXHIBIT "An Chapter 13.24 EXCAVATION, GRADING, EROSION AND SEDIMENT CONTROL 13.24.010 Purpose. The purpose of this chapter is to safeguard life, limb and property, water quality, safety and the public welfare by regulating and controlling grading, clearing and erosion on private property. (Prior code 9 7-1.01) 13.24.020 Scope. This chapter sets forth rules, regulations and minimum standards to control excavation, grading, erosion and sediment; requires control of all existing and potential conditions of accelerated erosion; establishes administrative procedures for issuance of permits; and provides for approval of plans and inspections during construction and maintenance. All activities subject to subdivision map requirements and/or building permits shall meet these standards. (Prior code 9 7-1.02) 13.24.030 Permits required. No person shall do any land disturbance work without first obtaining a permit from the building official except as follows: A. Isolated area: grading in an isolated, self-contained area if there is no danger to private or public property; B. Emergency work: work necessary to preserve life or property; provided, however, that when emergency work is performed under this section, the person performing it shall report the pertinent facts relating to the work to the building official within fifteen (15) days after commencement of the work and shall thereafter obtain a permit pursuant to Section 13.24.060 and perform such work as may be determined by the building official to be reasonably necessary to correct any erosion or conditions with a potential to cause erosion as a result of the emergency work; C. Excavation: an excavation which does not exceed one hundred (100) cubic yards and is less than two feet in depth, does not create a cut slope higher than five feet and steeper than two to one (2:1) (see Figure 2 in Section 13.24.110); D. Fill: a fill containing only permitted materials less than one-foot deep, placed on natural terrain slope flatter than five to one (5:1), does nor exceed fifty (50) cubic yards on anyone site, including stockpiles, does not alter or obstruct a drainage course, will not be used for structural support or roadways and the area graded or filled does not exceed eleven thousand (11,000) square feet ] (one-quarter acre). This exemption shall not apply to a fill within a riparian zone; E. Basements and footings: an excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill except as provided under subsection D of this section, made with the material from such excavation or exempt any excavation having an unsupported height greater than five feet after the completion of such structures; F. Cemeteries: cemetery graves; G. Refuse disposal: refuse, individual and/or community sewage disposal sites controlled pursuant to other regulations; H. Wells and utilities: excavations for wells, tunnels or utilities; I. Exploratory investigations: excavations under the direction of a soils engineer or engineering geologist where such excavation is to be returned to the original condition within forty-five (45) days after the start of work; J. Clearing an area of eleven thousand (11,000) square feet (one-quarter acre) or less on five percent slopes or less; K. Agricultural: normal routine farming activities necessary to manage land, crops and/or animals for food production; L. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations are conditioned by other permits to preclude discharge of sediments offsite and provided such operations do not affect the lateral support or increase the stresses or pressure upon any adjacent or contiguous property. (Prior code 9 7-1.03) 13.24.040 Hazards. A. General. No person shall cause or allow the persistence of a condition on any site that could cause accelerated erosion. Accelerated erosion shall be controlled and/or prevented by the responsible person or the property owner by using practices outlined hereinafter as applicable. Additional measures may be necessary, and may be specifically required by the building official when work is on geological unstable areas, thirty (30) percent or steeper slopes, and/or on soils with a severe erosion hazard rating by a USDA Soil Survey. Soil sterilants that last longer than four weeks shall not be used on 2 soils or slopes, which may subsequently need vegetation for erosion and sediment control. B. Where feasible, erosion hazard problems shall be controlled no later than the beginning of the next winter or adverse season. Hazardous Conditions. Whenever the building official determines that any existing excavation or embankment or cut or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way, drainage channel or causes significant impact on the natural resources of the area, the owner of the property upon which the excavation, cut or fill is located, or other person or agent in control of the property, upon receipt of notice in writing from the building official shall, within the period specified therein, repair or eliminate such hazard and conform with the requirements of this chapter. No permits of any kind shall be issued if the building official determines that proposed construction work is hazardous to the extent described above, or the work is subject to a major flood hazard dangerous to life or property, and which hazard cannot be eliminated, prevented, or corrected. (Prior code 9 7- 1.04) 13.24.050 Definitions. When used in this chapter, the definitions listed hereunder shall have the meanings as specified in this section: "Accelerated erosion" means rapid erosion caused by human-induced alteration of the vegetation, land surface topography or runoff patterns. Evidence of accelerated erosion is indicated by exposed soils, active gullies, tills, sediment deposits, or slope failures caused by human activities, including grazing promoted by human activities. "Access and building envelope" means a delineated area within which all land disturbances for construction of access and/or building will be confined. "Applicant" means any person, corporation, partnership, association of any type, public agency or any other legal entity who submits an application to the building official for a permit pursuant to this chapter. "Approval" means a written engineering or geological opinion concerning the progress and completion of the work. "As-grade" is the surface conditions extent on completion of grading. "Bedrock" means in-place, solid rock. 3 "Bench" means a relatively level step excavated into earth material on which fill is to be placed. "Best Management Practices (BMPs)" are practices, means, methods, measures, devices, structures, vegetative plantings and/or a combination thereof designed to safely control erosion and sediment so. that construction wastes or contaminants from construction materials, tools and equipment are prevented from entering the storm drain system. "Building official" means the officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. For purposes of this section, the building official shall be the Director of Public Works. "Borrow" means earth material acquired from an off-site or other on-site location for use in grading on a site. "Clearing" means the removal or vegetation and debris down to bare soil by any method. "Civil engineer" means a professional engineer licensed in the State of California to practice in the field of civil works. "Civil engineering" means the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works. "Compaction" means the densification of earth and solids or a fill by mechanical means. "Development permit" means a permit issued for new land use activities, building, grading, land clearing, subdivision, planned unit development, and/or other project approval process administered by the City of Arroyo Grande. "Drainage course" mean a well defined, natural or man-made channel which conveys storm water runoff either year-round or intermittently. "Earth material" means any rock, natural soil or fill and/or any combination thereof. "Engineering geologist" means a geologist experienced and knowledgeable in engineering geology and licensed with the State of California to practice engineering geology. 4 -- "Engineering geology" means the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works. "Erosion" means the wearing away of the ground surface by the actions of water, wind, ice, gravity, or a combination thereof. "Erosion control specialist" means a person who is registered in the state or by a professional society and is capable of preparing erosion and sediment control plans. In the event it is the opinion of the building official such plan requires design of civil works, the specialist must be licensed as a civil engineer in the State of California. "Erosion hazards" means the susceptibility of a site to erode based on soils, condition and steepness of a slope, rock type, vegetation, and other site factors. "Erosion, sediment and runoff control planning" means the application of the knowledge of erosion and sediment control principles and practices in the investigation and evaluation for use in the design of civil works. "Erosion sediment and runoff control practices" means methods, measures, devices, structures, vegetative plantings and/or a combination thereof designed to control erosion and sediment; to safely contain and/or dispose of storm water runoff; and to stabilize soils and slopes. "Excavation" means the mechanical removal of earth materials. "Fill" means the deposit of permitted materials by artificial means. "Grade" means the vertical location of the ground surface. 1. "Existing grade" means the grade prior to grading. 2. "Rough grade" means an approximate elevation of the ground surface conforming to the approved plan. 3. "Finished grade" means the final grade or surface conditions of the site which conforms to the approved plan. "Grading" means any excavation, filling, leveling, or combination thereof (excludes stripping and/or clearing). "Key" means a designed, compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope. NPDES" means National Pollution Discharge Elimination System, the national program for controlling discharges under the Federal Clean Water Act. s <- "Land disturbance" means clearing, stripping, grading or other manipulation of the natural terrain by manual and/or mechanical means. "One hundred (100) year storm" means a storm with such intensity and duration that its magnitude would only be exceeded on the average once every one hundred (100) years. "Owner" means the person or persons shown in the county recorder's office as owner of property. "Permittee" means the owner, contractor, or any person undertaking land disturbance activities upon a site pursuant to a permit granted by the building official authorizing performance of a specified activity. "Runoff" means the passage of surface water over ground surface. "Sediment" means eroded earth material that is carried and/or deposited by water, wind, gravity or ice and is a major source of water pollution. "Site" means a lot or parcel of land or contiguous combination thereof, where land disturbance including erosion control, clearing, grading, or construction are performed, permitted, or proposed. "Slope" means an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. "Soil" means naturally occurring superficial deposits overlying bedrock. "Soil engineer" means a civil engineer experienced and knowledgeable in the practice of soil engineering. "Soil engineering" means the application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof. "Stabilization" means the prevention of erosion to exposed soil. "Start of Construction" means the first land-disturbing activity associated with a construction project. "Storm Water Pollution Prevention Plan" is a plan that provides for erosion control using the specific best management practices to control sediment and erosion on a construction site during and after construction. 6 "Stream" means any water course as designated by a solid line or dash and three dots symbol shown on the largest scale of United States Geological Survey map most recently published. "10-year storm" means a storm with such intensity and duration that its magnitude would only be exceeded on the average once every ten years. "Terrace" means a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. "Topsoil" means loose, pliable, organic and fertile earth materials on top of a soil profile, usually the "A" horizons. "Unstable soil" means soil, which in the opinion of the building official, or the civil engineer, or the soils engineer or the geologist, is not competent to support other soil or fill, to support structures, or to satisfactorily perform the other functioning for which the soil is intended. (Prior code S 7-1.05) 13.24.060 Permit application, plans, specifications and reports required. Except as exempted in Section 13.24.030 of this chapter, no person shall do, cause, permit, aid, abet, suffer or furnish equipment or labor for any clearing, grading, erosion or sediment control work until a permit has been obtained from the building official by the owner(s) of the property or his or her agent. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the building official for that purpose. A. Application. The application for a permit must include all of the following items: 1. Application form; 2. Two sets of the site map and grading plans; 3. Two sets of the erosion and sediment control plan, where required; 4. Two sets of the soil engineering report, where required; 5. Two sets of the engineering geology report, where required; 6. Two sets of the work schedule; 7. Two sets of a vicinity map showing the location of the site in relationship to the surrounding area's water courses, water bodies and other significant geographic features, and roads and other significant structures; 8. Application fees as stipulated in the current issue of the Uniform Building Code; 9. Performance bond or other acceptable security, when required. 10. Two sets of any supplementary material required by the building official. B. Application Form. The following information is required on the application form: 1. Name, address and telephone number of the applicant with date of application; 7 2. Names, addresses and telephone numbers of any and all contractors, subcontractors or persons actually doing the land disturbing and land filling activities and their respective tasks; 3. Name(s), address(s) and telephone number(s) of the person(s) responsible for the preparation of the site map and grading plan, erosion and sediment control plan, soil engineering and engineering geology reports; 4. Signature(s) of the owner(s) of the site or of an authorized representative. C. Permit Issuance. The building official may require that operations and project designs be modified if delays occur which incur weather generated problems not considered at the time the permit was issued. 1. A separate permit shall be required for each site and cover both excavations and fills, clearing, grading and erosion control work. 2. Approval of a permit shall require the abatement of any existing human induced or accelerated erosion problems on the property. The building official may seek abatement recommendation from local conservation districts, agencies, organizations and/or associations when available. 3. A permit shall authorize only that work which is described or illustrated on the approved site plans and specifications. D. Site Map and Grading Plan. Two sets of the site map and grading plan shall be required and shall contain all of the following information: 1. Existing and proposed topography of the site taken at a contour interval insufficiently detailed to define the topography over the entire site; 2. Two contour intervals that extend a minimum of one hundred (100) feet off- site, or sufficient to show on- and off-site drainage; 3. Site's property lines shown in true location with respect to the plan's topographic information; 4. Location and graphic representation of all existing and proposed natural and man-made drainage facilities; 5. Detailed plans of all surface and sub-surface drainage devices, walls, cribbing, dams and other protective devices to be constructed with or as a part of the proposed work, together with a map showing the drainage area and calculations justifying the estimated runoff of the area served by any drain; 6. Location and graphic representation of proposed excavations and fills, of on- site storage of soil and other earth material, and of on-site disposal; 7. Location of existing vegetation types and the location and type of vegetation to be left undisturbed; 8. Location of proposed final surface runoff, erosion and sediment control practices; 9. Estimated quantity of soil or earth material in cubic yards to be excavated, filled, stored or otherwise utilized on-site; 10. Outline of the methods to be used in clearing vegetation, and in storing and disposing of the cleared vegetative matter; 11. Proposed sequence and schedule of excavations filling and other land disturbing and filling activities, and soil or earth material storage and disposal; 8 12. Location of any buildings or structures, including wells and sewage disposal facilities on the property where the work is to be performed, and the location of any buildings or structures on land of adjacent owners which are within four hundred (400) feet of the property or which may be affected by the proposed grading operations; 13. North arrow, written and graphic scales. Specifications shall contain information covering construction and material requirements. E. Grading Requirements. All grading in excess of five thousand (5,000) cubic yards shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as "engineered grading." Grading involving less than five thousand (5,000) cubic yards shall be designated "regular grading" unless the permittee, with the approval of the building official, chooses to have the grading performed as "engineered grading." 1. Engineering Grading. A civil engineer authorized by state law shall prepare and sign the reports, plans and specifications required in subsections D and F of this section. 2. Regular Grading. The building official may require inspection and testing by an approved testing agency. The testing agency's responsibility shall include, but need not be limited to, approval concerning the inspection of cleared areas and benches to receive fill, and the compaction of fills. When the building official has cause to believe that geologic hazards may be involved, the regular grading operation shall be required to conform to engineered grading requirements. F. Preliminary Reports. When required by the building official, each application for a permit shall be accompanied by two sets of supporting data consisting of a soil engineering report, engineering geology report, erosion and sediment control report, and/or any other reports necessary. During grading, all necessary reports, compaction data, soil engineering, engineering geology and erosion and sediment control recommendations, in accordance with best management practices, shall be submitted to the civil engineer and the building official by the soil engineer, the engineering geologist, and the erosion control specialist. 1. The civil engineering report when required, shall include, but not be limited to: a. Hydrological calculations of runoff for ten (10) year and one hundred (100) year storm frequencies and comparison of runoff without and with project; b. Inspection and approval as to establishment of lines and grades, design criteria for corrective measures, including the existing and/or required safe storm drainage capacity outlet of channels both on and off-site; and c. Opinions and recommendations covering adequacy of site to be developed by the proposed grading. 2. The soil engineering report, when required, shall contain, but need not be limited to, all the following information: a. Data regarding the nature, distribution, strength and erodibility of existing soils; b. Data regarding the nature, distribution, strength and erodibility of soil to be placed on the site, if any; 9 .-- c. Conclusions and recommendations for grading procedures; d. Conclusions and recommended designs for interim soil stabilization devices and measures and for permanent soil stabilization after construction is completed; e. Design criteria for corrective measures when necessary; f. Opinions and recommendations covering adequacy of sites to be developed by the proposed grading. 3. The engineering geology report when required, shall contain, but need not be limited to, the following information: a. An adequate description of the geology of the site; b. Conclusions and recommendations regarding the effect of geologic conditions on the proposed development; c. Opinions and recommendations covering the adequacy of sites to be developed by the proposed grading; d. Need for subdrains or other underground drainage devices. 4. A stormwater pollution prevention plan (SWPP) plan, when required, shall incorporate the best management guidelines or requirements for stormwater management that have been defined or adopted by any federal, state, regional, county and/or City agency. The plan shall contain, but need not be limited to, the following information: a. A delineation and brief description of the practices to retain sediment on the site, including sediment basins and traps, and a schedule for their maintenance and upkeep; b. A delineation and brief description of the best management practices for surface runoff and erosion control practices to be implemented, including types and methods of applying mulches, and a schedule for their maintenance and upkeep; c. A delineation and brief description of the vegetative practices to be used, including types of seeds and fertilizer and their application rates, the type, location and extent of pre-existing and undisturbed vegetation types, and a schedule for maintenance and upkeep; d. The location of all the practices listed above shall be depicted on the grading plan, or on a separate plan at the discretion of the building official; e. An estimate of the cost of implementing and maintaining all erosion and sediment control practices. 5. Work Schedule. The applicant must submit a master work schedule showing the following information: a. Proposed grading schedule; b. Proposed schedule for installation of all best management practices for interim and permanent erosion and sediment control; c. Schedule for construction of final improvements, if any. G. Engineered Grading. It shall be the responsibility of the civil engineer who prepares the approved grading plan to incorporate all recommendations from the 10 soil engineering and engineering geology, and erosion and sediment control reports into the grading plan after approval by the building official. H. Notification Noncompliance. If, in the course of fulfilling their responsibility under this chapter, the civil engineer, the soil engineer, the engineering geologist, the erosion control specialist, or the testing agency find that the work is not being done in conformance with this chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the building official. Recommendations for corrective measures, if necessary, shall be submitted. I. Transfer of Responsibility for Approval. If the civil engineer, the soils engineer, the engineering geologist, the erosion control specialist, or the testing agency of record is changed during the course of the work, the work shall be stopped until the replacement has agreed to accept the responsibility within the area of his or her technical competence for approval upon completion of the work. J. Final Reports. Upon completion of the rough grading work and at the final completion of the work, the building official may require the following reports and drawings and supplements thereto: 1. An as-built grading plan prepared by the civil engineer, including original ground surface elevations, as-graded ground surface elevation, lot drainage patterns and locations and elevations of all surface and sub-surface drainage facilities, and providing approval that the work was done in accordance with the final approved grading plan; 2. A soil grading report prepared by the soil engineer, including locations and elevations of field density tests, summaries of field and laboratory tests and other substantiating data and comments on any changes made during grading and their effect on the recommendations made in the soil engineering investigation report, and providing approval as to the adequacy of the site for the intended use; 3. A geologic grading report prepared by the engineering geologist, including a final description of the geology of the site including any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan, and providing approval as to the adequacy of the site for the intended use as affected by geologic factors; 4. A stormwater prevention pollution report includes a description of the erosion, sediment and runoff control practices applied on the site, including any new information disclosed during site development and the effect of same on recommendations incorporated in the approved grading plan, noting any changes required, and providing approval as to the adequacy of erosion and sediment controls. K. Final approval shall not be given until all work, including installation of all drainage facilities and protective devices, all erosion and sediment control, and vegetative measures, has been completed in accordance with the approved plans and the required reports have been submitted. 11 L. Executed contract(s) or deed restrictions requiring maintenance and upkeep of final plan runoff and erosion control practices for as long as the building official determines necessary and as approved in the erosion and sediment control plan. M. Variances. A request for variance from the provisions of this chapter, the permit conditions, or the plan specifications may be approved, conditionally approved, or denied by the building official. A request for a variance must state in writing the provision to be varied, the proposed substitute provision, when it would apply and its advantages. N. Work Time Limits. The permittee shall fully perform and complete all the work required to be done within the time limits specified. If the permittee is unable to complete the work within the specified time prior to the expiration of the permit, a request shall be presented in writing for an extension of time, setting forth the reasons for the requested extension. If, in the opinion of the building official, an extension is warranted, additional time may be granted for the completion of the work. (Prior code 9 7-1.06) 13.24.070 Fees. A. Plan-Checking Fee. For excavation and fill on the same site, the fee shall be based on the volume of the excavation or fill, whichever is greater. Before accepting a set of plans and specifications for checking, the building official shall collect a plan- checking fee. Separate permits and fees shall apply to retaining walls or major drainage structures as indicated elsewhere in this code. There shall be no separate charge for standard terrace drains, erosion and sediment controls and similar facilities. The amount of the plan-checking fee for grading plans shall be as set forth in the latest version of the California Building Code Appendix Chapter 33 entitled "Excavation and Grading". The plan-checking fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between such fee paid for the original permit and the fee shown for the entire project. B. Grading Permit Fees. A fee for each grading permit shall be paid to the building official as set forth in the latest version of the California Building Code Appendix Chapter 33 entitled "Excavation and Grading". The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. 13.24.080 Bonds and securities. The building official may require bonds in such form and amounts as may be deemed necessary to assure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions. 12 In lieu of a surety bond the applicant may file a cash bond or instrument of credit with the building official in an amount equal to that which would be required in the surety bond. The surety bond, or in lieu thereof, less the costs of remedial work, if any, shall be released when the building official determines that the best management practices for erosion and sediment control practices have permanently stabilized the site, but not later than eighteen (18) months after installation of all permanent erosion control practices. (Prior code S 7-1.08) 13.24.090 Design standards for cuts and excavations. Unless otherwise recommended in the soil engineering and/or engineering geology reports approved by the building official, cuts and, excavations shall conform to the provisions of this section. A. The slope of cut surface shall be no steeper than is safe for the intended use. Cut slopes shall be no steeper than two to one (2: 1), horizontal to vertical. Due to individual site soils and geology, flatter and shorter slope lengths may be required, or steeper and longer slope lengths may be allowed upon review by the building official when he is presented with evidence that this is consistent with the building and safety. Cut slopes shall be rounded off so as to blend in with natural terrain. B. Stockpiles. Stockpile material for trenches and pits shall not be adjacent to the excavation and shall promptly be backfilled and compacted into trenches and pits. Excavated material not needed at the site will be disposed of as approved by the building official. C. Vegetative Protection. All earth cuts shall be planted with temporary and permanent vegetation or otherwise protected from the storm runoff erosion within thirty (30) days of the completion of final erosion control and grading work. Planting shall be watered or irrigated to establish a root system before the rainy season, if determined necessary by the building official. (Prior code S 7-1.09) 13.24.100 Fills. Unless otherwise recommended in the soil engineering and/or engineering geology reports approved by the building official, fill shall conform to the provisions of this section. In the absence of an approved soil engineering report, these provisions may be waived for minor fills not intended to support structures. A. Fill Location. Fill shall not be constructed on natural slopes steeper than two to one (2: 1). The area beyond the toe of the fill shall be sloped for sheet overflow or a protected drain shall be provided. 13 s. Fill Slopes. The slope of fill surfaces can be no steeper than is safe for the intended use. Fill slopes shall be no steeper than two to one (2: 1). Due to individual soil properties, shorter and flatter slopes may be required or steeper and longer slopes may be allowed upon review by the building official if he or she is presented with evidence that the deviations are consistent with stability and safety. Fill slopes shall be rounded off so as to blend with the natural terrain. C. Ground Preparation. Natural ground surface over which fills are planned shall first be cleaned of all trash, vegetation, stumps, debris, noncomplying fill, and other unsuitable materials and shall be scarified prior to the placement of the fill. Topsoil shall be removed and stockpiled for use in final grading. Where slopes are five to one (5: 1) or steeper and height is greater than five feet, a bench ten (10) feet wide minimum, as determined by the soils engineer, shall be dug into undisturbed, solid competent soil or bedrock beneath the toe of the proposed fill. The bench must be inspected and approved by the soils engineer and/or engineering geologist as a suitable foundation before placing fill. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. D. Materials Permitted. Only permitted material free from tree stumps, detrimental amounts of organic matter, trash, garbage, sod, peat and/or similar materials shall be used. Rocks larger than twelve (12) inches in greatest dimension shall not be used unless the method of placement is properly devised, continuously inspected and approved by the building official. Rock disposal areas shall be delineated on the grading plan. The following shall also apply; 1. Rock sizes greater than twelve (12) inches in maximum dimension shall be ten (10) feet or more below grade, measured vertically. 2. Rocks shall be placed so as to assure filling of all voids with fines. Topsoil is to be used in the top twelve (12) inch surface layer to aid in planting and landscaping. E. Compaction of Fill. All fills shall be compacted to a minimum relative dry density of ninety (90) percent as determined by ASTM 0-1557-78 or USC Standard No. 70-1. Field density verification shall be determined in accordance with USC Standard No. 70-2 or by an approved equivalent. A higher relative dry density and/or additional compaction tests may be required at any time by the building official. F. Vegetative Protection. All earth fills shall be planted with temporary and permanent vegetation or otherwise protected from the effects of storm runoff erosion within thirty (30) days of the completion of final grading, and planting shall be watered or irrigated to establish a root system, if determined necessary by the building official. (Prior code 9 7-1.10) 14 13.24.110 Design standards for cut and fill setbacks. The setbacks and other restrictions specified by this section are minimum and may be increased by the building official or by the recommendation of the civil engineer, soils engineer or engineering geologist, if necessary for safety and stability or to prevent damage of adjacent properties from deposition or erosion, or to provide access for slope maintenance and drainage. Retaining walls may be used to reduce the required setbacks when approved by the building official. A. Setbacks From Property Lines. The tops of cuts and toes of fill slopes shall be set back from the outer boundaries of the permit area, including slope-rights and easements, in accordance with Figure NO.1 and Table No. 70-C. B. Design Standards for Setbacks. Setbacks between graded slopes (cut or fill) and structures shall be provided in accordance with Figure NO.2. . To. . ..... Nun! OI'fWsbCAde ............- . FIGURE NO.1 TABLE NO. 70-C REQUIRED SETBACKS FROM PERMIT AREA BOUNDARY (IN FEET) 'Additional width may be required for interceptor drain. SETBACKS H a b' Under 5 0 1 5-30 H/2 H/5 Over 30 15 6 'Additional width may be required for interceptor drain. 15 .._, _or -. ,.,,, ..... i "".......... 1 LMblltr.ced=<<a:ceecIlS"-. aa:.=d IO'nsu., FIGURE NO.2 C. Stream and Riparian Setback. Tops and toes of cut and/or filled slopes shall be set back far enough to prevent encroachment upon streams, flood plains, or channels, or body of standing water to provide and maintain an undisturbed protective strip between the grading and the riparian corridor. This strip shall have sufficient filter capacity to prevent degradation of water quality, as determined by the erosion and sediment control specialist and approved by the building official. If it is determined that the filter capacity of the protective strip is insufficient, or development activity will encroach upon riparian zones, additional setback distance and/or erosion control practices may be required. D. Retaining Walls. Retaining walls, when keyed into stable foundations and capable of sustaining the design loads, may be used to reduce the required cut and fill setbacks when recommended by the civil or soils engineer, or engineering geologist and approved by the building official. E. Other Restrictions and/or Minimums. Other requirements may also be increased or relaxed upon review by the building official if he or she finds the deviations consistent with safety and stability and to provide access for slope maintenance and drainage. (Prior code 9 7-1.11) 13.24.120 Design standards for drainage and terraces. Drainage facilities and terraces shall conform to the provisions of this section unless otherwise indicated on the approved permit and plans. Site development shall have no adverse impacts on adjacent and downstream locations. If adverse impacts are identified, off-site erosion, sediment and flood control. improvements to the drainage way will be required to eliminate the adverse impacts. A. Runoff Calculations. The approved plans shall show by table and/or calculations the peak rate of storm runoff both before and after development. To eliminate adverse impacts of runoff and sediment, a combination of storage, infiltration, and controlled release of storm water runoff may be required. I 16 I I ! -- Calculations may be required to demonstrate that the cumulative effects of tributary flows will not have an adverse effect upon ultimate peak discharge through a channel due to modifications to the channel resulting from the retarding. B. Drainage Facilities. 1. Disturbance of natural drainage ways shall be kept to a minimum and existing drainage courses shall not be obstructed or obliterated without mitigating measures installed that have been approved by the building official. Grading equipment shall not disturb cross flowing streams unless absolutely necessary and only with prior approval from the building official. It is the responsibility of the permittee to secure any additional permits from agencies exercising jurisdiction over the stream. 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 designed and acceptable to the building official shall be installed to convey the flow past the point of impairment. 3. No construction materials or construction by-products shall be discarded in any drainage way or riparian zone. 4. Drainage facilities, including paved, rock or vegetative channels, culverts or pipe drains, shall be 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 building official and/or other appropriate jurisdiction as a safe place to discharge such waters. Properly designed energy dissipators may be required at the point of discharge. 5. Culvert size and materials shall be determined by the civil engineer in accordance with standard design criteria and as approved by the building official. Minimum diameter shall be eighteen (18) inches. 6. Cuts, fills and retaining walls shall have subsurface drainage facilities as necessary for stability_ 7. Berms, ditches, interceptor drains, or swales shall be constructed at the top of cut and filled slopes for protection against water runoff. Paved interceptor drains shall be installed along the top of all cut slopes where the tributary drainage area above slopes towards the cut and has a drainage path greater than forty (40) feet measured horizontally. Interceptor drains shall be paved with a minimum of three inches of concrete or gunite and reinforced. They shall have a minimum depth of twelve (12) inches and a minimum paved width of thirty (30) inches measured horizontally across the drain. The slope of drain shall be approved by the building official. Energy dissipators may be required by the building official. 8. A minimum five percent grade between approved storm drainage facilities and all building pads, yards, roof drains and driveways is recommended. Building pads shall have a drainage gradient of two percent toward approved drainage facilities, unless waived by the building official. 17 - Exception: The gradient from the building pad may be one percent if all of the following conditions exist throughout the permit area: a. No proposed fills are greater than ten (10) feet in maximum depth. b. No proposed finish cut or fill slope faces have a vertical height in excess of ten (10) feet. c. No existing slope faces, which have a slope face steeper than ten to one (10:1), horizontally to vertically, have a vertical height in excess of ten (10) feet. C. Terraces. Terraces at least six feet in width shall be established at not more than thirty (30) foot vertical intervals on all cut or fill slopes to control surface drainage and debris except that where only one terrace is required, it shall be at mid-height. For cut or fill slopes greater than sixty (60) feet and up to one hundred twenty (120) feet in vertical height, one terrace at approximately mid- height shall be twelve (12) feet in width. Terrace widths and spacing for cut and fill slopes greater than one hundred twenty (120) feet in height shall be designed by the civil engineer and approved by the building official. Suitable access shall be provided to permit proper cleaning and maintenance. Swales or ditches on terraces shall have a minimum gradient of five percent and must be paved with reinforced concrete not less than three inches in thickness or an approved equal paving. They shall have a minimum depth at the deepest point of one foot and a minimum paved width of five feet. A single run of swale or ditch shall not collect runoff from a tributary area exceeding thirteen thousand (13,000) square feet (projected) without discharging into a down drain. (Prior code 9 7-1.12) 13.24.130 Design standards for erosion and sediment control. During site planning, access and building envelopes should be arranged so as to minimize disturbance of particularly erodible areas. These plans should reflect the arrangement and specifically stipulate areas to remain undisturbed. All streams, flood plains, channels, bodies of standing water, or other riparian areas shall be identified and delineated on the development plans. If it is determined that certain development activities in or near the riparian zones would be detrimental, those activities may be prohibited. Exposed soil and slopes shall be protected from erosion by temporary and/or permanent measures. As soon as possible and feasible following completion of each stage of grading and/or construction, all sites will be permanently stabilized by installing all required erosion and sediment control practices to insure protection before the normal beginning date of winter or adverse season. A. Structures on existing slopes exceeding thirty (30) percent shall utilize pole, step or other such foundation that does not require mayor land disturbances. 18 B. Runoff Control. Where concentrated runoff will occur, it shall be carried in pipe or culvert conduits or over a nonerodible surface (paved, rocked or vegetated) to stable discharge points clearly shown on the development plans. All conduits must have proper energy dissipators at the point of discharge when necessary to prevent erosion. C. Building Site Runoff. Runoff from buildings, roads, driveways and the total site area shall be controlled by berms, swales, ditches, structures, vegetative filter stops and/or catch basins to prevent the escape of sediment from the site. D. 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. E. Vegetative Disposal. Vegetation removed during clearing operations shall be disposed of in a manner approved by the building official and in compliance with all State, Federal and local laws. Burning requires a separate permit through the Air Pollution Control District to ensure compliance with local air quality standards. No long branches or charred pieces shall be permitted to remain. F. Topsoil. To promote regrowth of vegetation, topsoil graded from cuts and fills and/or secured from other sources shall be stockpiled and/or reapplied upon completion of grading on slopes steeper than four to one (4:1). Soil stockpiles shall be protected from erosion at all times. G. Vegetative Protection. When needed and planned, all bare slopes and/or disturbed areas will be planted to both temporary and permanent vegetation as each stage of grading is completed. Sufficient temporary, rapid growing vegetation to stabilize the soil will be used until the permanent vegetative cover grows or matures enough to provide permanent stability. H. Winter and/or Adverse Season Operations. 1. Land disturbance or development operations may be restricted or temporarily halted during the normal winter or rainy season, and/or other times whenever the building official determines that the weather, soil, slope and general site conditions may cause serious accelerated erosion or sediment damage, either on-site or downstream. 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 building official. 2. Plans for temporary and/or permanent erosion and sediment control shall be approved by the building official forty-five (45) days prior to October 15th. All 19 approved erosion and sediment control best management practices shall be installed by October 15th. 3. Any land development work between October 15th and March 15th shall be in accordance with the approved best management practices during any land disturbance, and applied to all soils bared at the end of each working day. An adequate reserve supply of erosion control materials shall be kept on the site at all times to be installed immediately by the permittee upon advent of any rainfall, winds, or other storm event that may be expected to cause accelerated erosion. 4. All cut and fill slopes, except sand slopes or dunes, without satisfactory vegetative cover between growing seasons shall be mulched with a minimum of four thousand (4,000) pounds of straw or equivalent per acre of slope surface. Mulch will 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 as recommended by the erosion control specialist may be required by the building official. 5. Within ten (10) working days after seeding, fertilizing and/or mulching, when required by the building official due to climate or drought conditions, the permittee will commence irrigation or watering of the seeded areas or slopes and shall continue until the rains come and/or a vegetative ground cover is permanently established. All other erosion and sediment control practices shall be installed prior to seeding and mulching. 6. All best management practices for erosion and sediment control practices shall be closely monitored throughout the winter and/or rainy season and problems corrected promptly. All erosion and/or slippage of cut and fill banks shall be repaired by the permittee at his or her expense. I. Dust from grading operations must be controlled. The permittee may be required to keep adequate equipment on the grading site to prevent dust problems. J. Erosion Control Coordination with Project Installation. 1. All vegetative and/or structural measures required to safely discharge any accelerated runoff generated by the project shall be scheduled for installation during the first or initial construction phase of the project. 2. Land shall be developed in units of workable size, which can be completed in a single construction season. Best management practices for erosion and sediment control measures shall be coordinated with a sequence of grading operations and all appropriate best management practices shall be put in effect prior to the commencement of the next work unit and/or winter or normal rainy season. Prior to completion and final acceptance of the project, all erosion control measures must be in place and all exposed bare soil shall be mulched, fertilized and planted to a permanent vegetative cover. Native or naturalized vegetation shall be used. Upon recommendation by the erosion control specialist, the building official may require watering of planted areas to initiate and assure growth. 20 K. Livestock. Where necessary to assure that water quality is not affected by the keeping of livestock, vegetative buffer and/or filter strip shall be established on all downhill sides of areas where livestock is kept. The width of the buffer strip shall be determined by the erosion control specialist. Also, additional erosion and sediment control practices may be required by the building official to control runoff and pollution from the areas where livestock has destroyed and torn up the protective vegetation. L. Maintenance. All on-site erosion control facilities shall be properly maintained by the owners for the life of the project so that they do not become nuisances with stagnant water, heavy algae growth, insect breeding, odors, discarded debris, and/or safety hazards. Vegetative maintenance required may include mowing, fertilization, irrigation and/or reseeding. (Prior code 9 7-1.13) 13.24.140 Inspections and compliance. Excavation, grading, filling, clearing and erosion control work for which a permit is required shall be subject to inspection by the building official. The building official may require supervision, regular inspection, and special testing be performed and certified by the civil engineer (or other professional) who prepared the approved plan; and the civil engineer shall also be responsible for the inspection and approval of work within his or her area of technical specialty. This responsibility shall include, but need not be limited to, inspection and approval as to the establishment of line, grade and drainage of the development area. The building official may also require special supervision, inspection and testing be done by an independent, approved testing agency to ensure compliance with this chapter, the permittee's permit concerns, and/or in accordance with the provisions of Sections 306 of the use and Section 13.24.060 of this chapter. The building official shall inspect or provide for adequate inspection of the project by appropriate professionals at the various states of the work requiring approval, and at any more frequent intervals necessary to determine that adequate control is being exercised by the professional consultants. A. Inspections Required. The following inspections shall be required, but not limited to: 1. Pre-site inspection to determine the suitability of the proposed project and the existing and potential erosion and sediment hazards; 2. Periodic ongoing 'project operations progress, including compaction and special testing as may be required by the approved plan; 3. Final inspection determining compliance with terms and conditions of this chapter and permit. Final approval shall not be given until all work, 21 .- including installation of all drainage facilities and their protective devices and all erosion control measures, has been completed in accordance with the final approved plan and the required reports have been submitted. B. Notification. The permittee shall notify the building official two working days prior to the beginning of the operation authorized by the permit, two working days before the project is ready for final inspection, and one complete working day prior to any other inspection or testing requested by the permittee. C. Right of Entry. Filing for a permit under this chapter constitutes a. grant of permission for the city to enter the permit area for the purpose of administering this chapter from the date of the application to the termination of the erosion control maintenance period. If necessary, the building official shall be supplied with a key or lock combination, or permitted to install a city lock. D. Notice of Violation Recordation. Whenever the building official determines that work has not been completed in accordance with a permit or the plans and specifications relating thereto, or whenever the building official determines that work has been done without the required permit, the building official may record a notice of violation. The owner(s) of the property, as revealed by the assessment roll on which the violation is situated, and any other person responsible for the violation shall be notified of the recordation, if their address is available. If the responsible party fails to act in response to written notification of the building official, an erosion problem may be declared a public nuisance and may be abated according to procedures in the city code. Where there is an emergency condition of erosion or sediment damaging a waterway, marsh, other body of water, or private or public property, the building official may have the necessary corrective work done and then bill the responsible party or place a lien against the offending property. E. Additional Procedures to Remedy Unauthorized Grading Without a Permit--Finding and Declaration. The city council finds and declares that unauthorized grading without a permit often results in soil erosion, drainage, visual and other destructive long-term impacts which are not satisfactorily alleviated or corrected by the usual enforcement procedures, such as criminal violations or judicial proceedings concerning public nuisances. Further, such grading often causes harm unique to the graded parcel and the properties surrounding it, and the long-term correction measures for each such unauthorized grading requires detailed consideration and formulation, usually after formal public hearings. 22 1. Upon discovery of unauthorized grading without a permit, the building official shall, where feasible, contact the owner of the property upon which the grading occurred, and the person who did the grading. If the building official and the owner and contractor can agree within thirty (30) days upon a remedial program, which can be accomplished in no more than ninety (90) days, no further city action shall be required at that time. The building official shall obtain a cash bond from the owner or contractor, payable upon request, and a right-of-entry form signed by the owner to guarantee the city's right to do the remedial program as agreed if not done by the owner or contractor within the agreed time period. 2. If the building official cannot reach such a satisfactory agreement, he shall, within thirty (30) days, submit a detailed report and recommendations to the city manager and city council requesting the initiation of formal council proceedings under the city's nuisance abatement ordinance to abate the public nuisance created on the premises by the unauthorized grading. The object of such proceedings shall be the ordering of corrective measures, subject to the city's power to correct the problem and place a lien upon the real property for all costs of correction. For purposes of the nuisance abatement proceedings, the council declares that unauthorized grading without a permit is a public nuisance, per se. (Prior code ~ 7-1.14) 23 -.-.. .- OFFICIAL CERTIFICATION I, KELLY WETMORE, Director of Administrative ServiceslDeputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of pe~ury, that the attached is a true, full, and correct copy of Ordinance No. 537 which was introduced at a regular meeting of the City Council on January 14, 2003; and was passed and adopted at the regular meeting of the City Council of the City of Arroyo Grande on the 28th day of January, 2003. I further certify that said Ordinance No. 537 was duly published in summary in accordance with the law and order of said City Council in The Five Cities Times Press Recorder, a newspaper printed and published in said City, on 22"d day of January, 2003, at least five days prior to the meeting at which it was proposed for adoption; and a copy of the summary was posted on the City Hall Bulletin Board. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 31st day of January, 2003. ~"J,j , I l/ljj./'f//UU Ju-- KEL. WE MORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK