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O 200 -~--._.~ - . . . ..... .- . . ,- L ORDINANCE NO. 200 AN ORDINANCE OF THE CITY OF ARROYO GRANDE ESTABLISHING GRADING AND EXCAVATING PRO- CEDURES. THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, does ordain as follows: PURPOSE Sec. 7001. The purpose of this Chapter is to safeguard life, limb, property, and public welfare by establishing minimum require- ments for regulating grading and procedures by which tnese require- ments may be enforced. SCOPE Sec. 7002. This Chapter sets forth rules and regulations to control excavation, grading, and earthwork construction, including fills Or embankments; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspect- ion of grading construction. PERMITS REQUIRED AND EXCEPTIONS Sec. 7003. No person shall do any grading without first having obtained a grading permit from the Building Official, except for the following: I. An excavation which (a) is less than two feet (2') in depth, or (b) which does not create a cut slope greater than five feet (5') in height and steeper than one and one-half hori20ntal to one vertical. 2. A fill less than two foot (2') in depth, and placed on natural terrain with a slope flatter than five horizontal to one vertical, Or less than three feet (3') in depth, not intended to support structures, which does not exceed 200 cubic yards on anyone lot and does not obstruct a drainage course. I 3. An excavation below finished grade for basements and foot- ings of a building, retaining wall, or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet (5') after the com- pletion of such structures. 4. Excavation or deposition of earth materials within a prop- erty which is dedicated or used, or to be used for cemetery purposes, except where such grading is within twenty five feet (25') of the property line or intended to support structures. 5. Mining, quarring, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or clay where established and provided for by law provided that such operations do not affect the lateral support Or unduly increase the stresses in or pressure upon any adjacent or contiguous property. 6. Grading in an isolated, self-contained area if the Building Official finds that no danger to private or public property can now or thereafter result from the grading operations. HAZARDOUS CONDITIONS Sec. 7004. Whenever the Building Official determines that any existing excavation or embankment or fill has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Building Official shall within the period speci- -1- j , - fied therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this Code. DEFINITIONS Sec. 7005. BEDROC~ is the solid, undisturbed rock in place either at the ground surface or beneath surficial deposits of gravel, sand, Or soil. CERTIFY OR CERTIFICATION shall mean the specific inspections and tests where required have been performed and that such tests comply with the applicable requirements of this Chapter. ENGINEERING GEOLOGY is the application of geological data and principles to engineering problems dealing with naturally occurring rock and soil for the purpose of assuring that geological factors are recognized and adequately interpreted in engineering practice. EXISTING GRADE is the vertical location of the existing ground surface prior to excavating Or filling. FILL is deposits of soil, rock, or other materials placed by man. FINISH GRADE is the final grade or elevation of the building site. GRADING is any excavating or filling or combination thereof. ROUGH GRADE is an approximate elevation of the ground surface conforming to the proposed design. SITE is any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed Or permitted. SOIL is all earth material of whatever origin that overlies bedrock. SOILS ENGINEERING shall mean the application of the principles of soils mechanics in the investigation and analysis of the engineer- ing properties of earth material. GRADING PERMIT REQUIREMENTS Sec. 7006. (a) Permits Required. Except as exempted in Section 7003 of this Code, no person shall do any grading without first obtaining a grading permit from ,the Building Official. A permi t shall be required for each operation, and may cover both excavations and fills. (b) Plans and Specifications. With each application for a grading permit and when required by the Building Official for enforce- ment of any provisions of this Code, two sets of plans and specifi- cations shall be submitted. Except as waived by the Building Official for small and unimportant work, the plans shall be prepared and signed by a civil engineer licensed by the state and shall show the following: l. A vicinity sketch or other data adequately indicating the site location. 2. Property lines of the property on which the work is to be performed. 3. Location of any buildings or structures, on the property where the work is to be performed, and the location of any building or structure on land of adjacent property owners which are within fifteen feet (IS') of the property. -2- , i i - _.--~-_. - .-.--.-- -. ~ .. 4. Accurate contours showing the topography of the existing ground. 5. Elevations, dimensions; location, extent and the slopes of all proposed grading shown by contours and other means. 6. A estimate of the quantity of excavation and fill in- volved and estimated starting and completion dates. 7. Detailed plans of all drainage devices, walls, cribbing, dams, or other protective devices to be constructed in connection with, or as a part of, the proposed work, together with a drainage report. 8. Any additional plans, drawings, or calculations required by the Building Official. (~ All reports shall be subject to approval by the Building Offici , and supplemental reports and data may be required as he may deem necessary. Recommendations included in the report-and approved by the Building Official shall be incorporated in the grad- ing plan. (d) Soils Engineering Reports. The Building Official may re- quire a soils engineering investigation, based on the most recent grading plan. Such reports shall include data regarding the nature, distribution, and strength of existing soils, conclusions and recommendations for grading procedures, and design criteria for corrective measures. Recommendations included in the report and approved by the Building Official shall be incorporated in the grading plan or specifications. PERMIT LIMITATIONS AND CONDITIONS Sec. 7007. (a) General. The issuance of a grading permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit, or on the site plans and specifications approved by the Building Official. (b) Jurisdiction of Other Agencies. Permits issued under the requirements of this Code shall not relieve the owner of responsi- bility for securing required permits fOr work to be done which is regulated by any other code, department or division of the governing agency. (c) Time Limits. The permittee shall fully perform and complete all of the work required to be done pursuant to the grading permit within the time limit specified. If no time limit is specified, the permittee shall complete the work within 80 days after the date of the issuance of the grading permit. If the permittee is unable to complete the work within the specified time, he shall, prior to the expiration of the permit, present in writing to the Building Official a request for an extension of time, setting fOrth the reasons for the requested extension. If, in the opinion of the Building Official, such an extension is wt;Irranted, he may grant additional time for the completion of the work. (d) Storm Damage Precautions. All persons performing any grading operations shall put into effect all safety precautions whic~ are necessary in the opinion of the Building Official and shall re- move all loose dirt from the grading site and provide adequate anti- erosion and/or drainage devices, debris basins, or other safety devices to protect the life, limb, health, and welfare of private and public property of others from damage of any kind. -3- i .--- ~ ~ ( e) Conditions of Approval. In granting any permit under this Code, the Building Official may attach such conditions a. may be reasonably necessary to prevent creation of a nuisance o~ haza~d to public or private property. Such conditions may include, but sha~l not be limited to: I. Improvement of any existing grading to bring it up to the standards of this Code. 2. Requirements for fencing of excavotions or fills which would otherwise be hazardous. (f) Liability. Neither the issuance of a permit under the pro- visions of this Code, nor the compliance with the provisions nereQf or with any conditions imposed in the permit issued hereunder, shall relieve any person from responsibility for damage to other persons or property, nor impose any liability upon the city for damage to other persons or property. DENIAL OF PERMIT Sec. 7008. (a) Hazardous Grading. The Building Officia~ shall not issue a permit in any case where he finds that the work as pro- posed by the applicant is liable to endanger any privote property or result in the deposition of debris on any public way or interfere with any existing drainage course. If it can be shown to the satisfaction of the Building Official that the hazard can be essentially elimina.ted by the construction of retaining structures, buttress fills, drainage devices or by other means, the Building Official may issue the permit with the condition that such work be performed. (b) Geological or Flood Hazard. If, in the opinion of the Building Official, the land area for which grading is proposed is subject to geological or flood hazard to the extent that no ~easonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property, the grading permit and building permits for habitable structures shall be denied. FEES Sec. 7009. (a) Plan-checking Fee. FOr excavotion and fill on the same site, the fee shall be based on the volume of the excavotion 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 retain- ing walls Or major drainage structures as indicated elsewhere in this Code. There shall be no separate charge for standard terrace drains and similar facilities. The amount of the plan-checking fee fo'!: grading plans shall be as set forth in Table No. 70-A. The fee for a grading permit authorizing additional work to that under a volid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire p'!:oject. -4- ~ TABLE NO. 70-A - PLAN-CHECKING FEES 200 Cubic yards or less...................................... No Fee 200 to 500 Cubic yards.............................................................................. $10.00 500 to 5000 Cubic yards...................................... $15.00 5000 to 10,000 Cubic yards................................... $20.00 10,001 to 100,000 cubic yards - $20.00 for the first 10,000 cubic yards plus $10.00 for each additional 10,000 cubic yards or fraction thereof. 100,001 to 200,000 cubic yards - $110.00 for the first 100,000 cubic yards plus $6.00 for each additional 10,000 cubic yards or fraction thereof. 200,001 cubic yards or more - $170.00 for the first 200,000 cubic yards, plus $3.00 for each additional 10,000 cubic yards or fraction thereof. (b) Grading Permit Fees. A fee for each grading permit shall be paid to the Building Official as set forth in Table No. 70-B. TABLE NO. 70-B - GRADING PERMIT FEES 200 cubic yards or less....................................... No Fee 200 to 500 cubic yards....................................... $10.00 500 to 1000 cubic yards - $10.00 for the first 500 cubic yards, plus $5.00 for each additional 100 cubic yards or fraction thereof. 1001 to 10,000 cubic yards - $35.00 for the first 1000 cubic yards, plus $3.00 for each additional 1000 cubic yards Or fraction thereof. 10,OOl to 100,OOO cubic yards - $65.00 for the first 10,000 cubic yards, plus $20,00 for each additional 10,000 cubic yards Or fraction thereof. 100,001 cubic yards or more - $265.00 for the first 100,000 cubic yards, plus $15.00 for each additional 10,000 cubic yards or fraction thereof. 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 pro- ject. BONDS Sec. 7010. (a) Bonds Required. A permit shall not be issued for more than 5000 cubic yards unless the permittee shall first post with the Building Official a bond executed by the owner and a corporate surety authorized to do business in this state as a surety in an amount sufficient to cover the cost of the proj~ct, including corrective work necessary to remove and eliminate geological hazards. The bond shall include penalty provisions on a form approved by counsel for the governing agency, for failure to complete the work on schedule. In lieu of a surety bond the applicant may file a cash bond with the Building Official in an amount equal to that which would be required in the surety bond. (b) Conditions. Every bond shall include the conditions that the permittee shall: 1- Comply with all of the provisions of the Code, applicable laws, and ordinances; -5- '~ 2. Comply with all of the terms and conditions of the permit for excavation or fill to the satisfaction of the Building Official; 3. Comple~e all of the work cont&mplated under the permit within the time limit specified in the permit. (The Building Official may, for sufficient cause, extend the time specified in the permit, bu~ no such ex~ension shall release the surety upon the bond.) (c) Failure to Complete Work. The term of ~ch bond shall begin upon the date of filing and shall remain in effect until the completion of the work to the satisfaction of the Building Official. In the event of failure to complete the work and failure to comply with all of the conditions and terms of the permi~, the Building Official may order the work required by the permit to be completed to his satis- faction. The surety executing such bond Or deposit shall continue to be firmly bound under a con~inuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the governing agency in causing any and all such required work to be done. In the case of a cash deposit, said deposit or any unused por- tion thereof shall be refunded to the permittee. DESIGN STANDARDS FOR CUTS Sec. 7011. (a) Maximum Slope. Cuts shall not be steeper in slope than one and one-half horizontal ~o one vertical unless ~he owner furnishes a soils engineering or an engineering geology report certifying that the site has been investigated and indicdting that the proposed deviation will not endanger any private property or result in the deposition of debris on any public way or interfere with any existing drainage course. , The Building Official may require the excavation to be made with a cut face flatter in slope than one and one-half horizontal to one vertical if he finds it necessary for stability and safety. (b) Drainage Terraces. May be required by the Building Official, number and design shall be as ~he Building Official determines adequate. DESIGN STANDARDS FOR FILLS Sec. 7012. (a) Compaction. All fills shall be compacted to a minimum of 90 per cent of maximum densi~y as determined by Division of Highway Test Method No. 216, Relative Compaction. If the Building Official de~ermines that the s~rict enforcement of this Section is unduly restrictive or imposes an undue hardship on the permittee, this requirement may be waived by the Building Official. This require- ment shall not be waived when structures are to be supported by the fill ,Or where the Building Official determines that compaction is necessary as a safe~y meaSUre to aid in preventing the saturation, slipping, or erosion of the fill. (b) Preparation of Ground. The natural ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, top soil, and, where slopes are five horizontal to one vertical or steeper, by benching into sound bedrock or other competent material. Five Feet (5') of the lowermost bench shall be exposed beyond the toe of the fill. The bench shall be sloped for sheet overflow or a paved drain shall be provided. -6- - ( c) Fill Slope. No compacted fill shall be made which creates an exposed surface steeper in slope than one and .one-half horizontal to one vertical. The Building Official may require that the fill be constructed with an exposed surface flatter than one and one-hdlf horizontal to one vertical if he finds this necessary for stability and safety. Slopes of f~lls which are not compacted in accordance with Section 7012 (a) may not exceed two horizontal to one vertical. (d) Fill Material. No organic material shall Qe permitted in fills. Except as permitted by the Building Official. ( e) Drainage Terraces. May be required at the discretion of the Building Official. - DESIGN STANDARDS FOR SETBACKS Section 7013. Cuts and fills shall be set back from property lines and buildings shall be set back from cut or fill slopes in accordance with Figure No. I. Retaining walls may be used to reduce the required setback when approved by the, Building Official. Fill placed on or above the top of an existing or proposed cut or natural slope steeper than threehC\riiZo!'\tal'to C\ne vertical shall be set back from the edge of the slopea!lif!,im.umdistance of three feet (3')." Building foundations shal:t. be Set back from'the top of slope a minimum distance of five feet (5') for all, cut slopes steeper than two horizontal 'to one vertical. The setbacks given in this Section are minimum and may be increas.d by the Building Official if considered necessary for safety or stability or to prevent possible damage from water, soil, or debris. -7- ~- ~ . EXCAVATED SLOPE H BLP~, REQUIRED SETBACKS , , Fill Slapes Cut Slop!ts H FEET A B , D , , 0,,15 I' 6" 5' 3' 15,,25 H/IO 5' H/5 25-50 ~~~~ H/5 H/5 n".... e;n u/e; , 1'01 , , COMPACTED FILL SLOPE 81. P~. of FOQTING, BLl/fit, [A1 H 1 % I----p~Op.ERr>' .t.llve E _ Drainage Terraces - See Section 7012 (e) Z - Zoning set-back. FIGURE NO. I - REQUIRED SETBACKS -8- -- .---- _m...__ . - DESIGN STANDARDS FOR DRAINAGE Sec., 7014. (a) Disposal. All drainage facilities shall be designed to carry surface waters to the nearest practical street, storm drain, or natural watercourse approved by the Building Official and/or other appro- priate governmental agency, as a safe place to deposit such waters. At least two per cent grade toward the approved disposal area will be re- quired for building pads, except as waived by the Building Official for nonhilly terrain. (b) Erosion Prevention. Adequate provision shall be made to pre- vent any surface waters from damaging the face of an excavation or fill. All slopes shall be protected from surface water runoff from above by berms or swales. (c) Terrace Drains. May be required at discretion of Building Official. PLANTING Sec. 7015. The face of all cut and fill slopes shall be planted and maintained with a ground cover approved by the Building Official to protect the slopes against erosion as soon as practica.l and prior to the final approval of the grading. Where cut slopes are not subject to erosion due to their rocky character, this requirement may be waived by the Building Official. An irrigation system or watering facilities may be required by the Building Official, GRADING INSPECTION AND SUPERVISION Sec. 7016. (a) Supervised Grading Required. All grading in excess of 5000 cubic yards shall be performed under the supervision pf a civil engineer and shall be designated "supervised grading." Grading not supervised in accordance with this Section shall be desig- nated "regular grading." For grading involving less than 5000 cubic yards the permittee may elect to have the grading performed as either supervised grading or regular grading. (b) Regular Grading Requirements. The Building Official shall inspect the work, and may require adequate inspection and compaction control by a soils testing agency. The soils testing agency shall be approved by the Building Official. Periodic reports certifying the compaction Or acceptability of all fills may be required except as exempted by Section 7012 (0.). These shall include but need not be limited to inspection of cleared areas and benches prepared to receive fill and removal of all soil and unsuitable materials; the placement and compaction of fill materials; the bearing capacity of the fill to support structure, and the inspection or review of the construction of retaining walls, subdrains, drainage devices, buttress fills, and other similar m.easures. The Building Official ma.y require sufficient inspection to assure that all geologic conditions have been adequately considered. Where geologic conditions warrant, the Building Official may require periodic geologic reports. These inspections may be required to include, but need not be limited to inspection of cut slopes, canyons during clearing operations xor ground water and earth material con- ditionsi benches prior to placement of fill; an. possible spring locations. (c) Supervised Grading Requirements. For supervised grading it shall be the responsibility of the civil engineer to supervise and coordinate all site inspection and testing during grading operations. Soils and geology reports shall also be required as specified in Section 7017 (b). All necessary reports, compaction ,,9- ----- . - . data, and soils engineering and engineering geological recommend- ations shall be submitted to the Building Official by the supervising civil engineer. (d) Notification of Noncompliance. If in the course of ful- filling his responsibility under ~his Chapter, the supervising civil engineer finds that the work is not being done in conformance with this Chapter or the plans approved by the Building Official, or i~ accordance with accepted practices, he shall immediately notify t e person in charge of the grading work and the Building Official in writing of ~he nonconformity and of the correc~ive measures to be taken. SAFETY PRECAUTIONS Sec. l017. If at any stage of ~he work the Building Official determines by inspec~ion that further grading as authorized is likely to endanger any private property or result in the deposition of debris on any public way or in~erfere with any existing drainage course, the Building Official may require, as a condition to allow- ing ~he work to be completed, that such reasonable safety precautions be taken as he considers advisable to avoid such likelihood of danger. Notice to comply shall be submi~~ed to the permittee in writing. After a notice to comply is written, a period of 10 days shall be allowed for ~he contractor to begin ~o make the corrections, unless an imminent hazard exists, in which case the corrective work shall begin immediately. If the Building Official finds any existing conditions not as s~ated in the grading permit or approve~ plans, he may refuse to approve further work un~il approval is obtained for a revised grading plan which will conform to the existing conditions. RESPONSIBILITY OF PERMITTEE Sec. 7018. (a) Compliance with Plans and Requirements. All permits issued hereunder shall be presumed ~o include the provision that the applicant, his agent, contractors or employees, shall carry ou~ ~he proposed work,in accordance with the approved plans and specifications and in compliance with all the requirements of this Chapter. (b) Protection of U~ilities. During grading operations the permittee shall be responsible for the preven~ion of damage to any public utilities or services. This responsibility applies wi~hin the limits of grading and along any rou~es of travel of equipment. ( c) Protection of Adjacent Proper~y. The permittee is re- sponsible for the prevention of damage to adjacent property and no person shall excavate on land sufficiently close to ~he property line to endanger any adjoining public street, sidewalk, alley, or other public or private property without supporting and protecting such property from settling, cracking, Or other damage which migh~ result. MODIFICATION OF APPROVED PLANS Sec. 7019. All modifications of ~he approved grading plans must be approved by the Building Official. All necessary soils and geological reports shall be submitted with the plans. No grading work in connection with the proposed modifications will be permitted without the approval of ~he Building Official. If, in the opinion of the Building Official, ~he s~rict enforcement of Section 7007 (d) 1 will create an undue hardship on the permittee, or a hazard to the safety of operations, this requirement may be waived. Such a waiver shall not relieve the permittee of respon- sibility for compliance with ~he design standards of this Code. Modifications which affect basic tract design or land use mus~ have the approval of the appropriate control agency. -10- < -.---- ----.-....- " - . CPMPLETION OF WORK Sec. 7020, (a) Final Reports. Upon completion of the work the Building Official may require the following reports: 1, The Building Official and/or supervising Engineer shall certify that all grading, lot drainage, and drainage facilities have been completed in conformance with the approved plans and this Chapter. 2. The soils engineering reports shall include certifi- cation of soil bearing capacity, summaries of field and laboratory tests, locations of test, and shall show limits of compacted fill on an "as built" plan. 3. The engineering geology reports shall be based on the final contour map and shall include specific approval of the grading as affected by geological factors. Where necessary, a revised geologic map and cross sections, and any recommendations regarding building restrictions or foundation setbacks shall be included. (b) Notification of Completion. The permittee or his agent shall notify the Building Officiql when the grading operation is ready for final inspection. Final approval shall not be given until all work including installation of all drainage structures and their protective devices, has qeen completed and required reports have been $ubmi tted. ' ,APPEALS Sec. 7021. Any person may appeal any order, requirement, decision or determination of the Building Official. 1. Appeals shall be made in writing and filed with the City Clerk within (5) days after the final action of the Building Official. The City Clerk shall notify the Building Official of such appeal. 2; The Building Official upon receipt of the notice of appeal, shall prepare a report of the facts pertaining to his decision and shall submit such report to the City Council along with the reasons for his action. 3. The City Council shall then affirm, revise or modify the 4ecision of the Building Official. If the City Council does not take any action on the appeal within sixty (60) days after the filing thereof the Building Official's action shall be deemed affirmed. SECTIO~ ~2. This Ordinance shall be in full force and effect thirty (30) days after its passage, and within fifteen (15) days after its passage it shall be published once, together with the names of the Councilmen voting thereon, in the Arroyo Grande Herald Recorder. On motion of Council~ ~tl; , seconded by Council. r 1">> ~~~ , and on the following roll call vote, to-wit: i'. . AYES: CoImoU~ ~eon. Cof."W1' l' Mc!JIel1. ~ UI4 Mayar .1..-_ NOES: liIcIne ABSENT: ~:I.1"D "004 the foregoing Ordinance was adopte f Ocrt..t II' , 19 6. . ATTEST: ~~m/~/ CITY CL -11- . . - ---, ( STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ( ss CITY OF ARROYO GRA,'WE ) I, POLLY S. MILLER, City Clerk of the City of Arroyo Grande, County of San Luia Obispo, Stat.. of California, do hereby certify that the forcgving ad, ;;tU/tZ "" j No.100 is a true, full and correct copy of said \ /.:?;?dJ AJ4~/" p passed and adopted by the City Council of the City of Arroyo Grande at a R':!7U, 14." meeting of said Council on the ,1;?'!l. day of r;:a%~.-e , 19~ WITNESS my hand and the seal of the City of Arroyo Grande affixed this ~l1- day of o.7b6~, 19q of the Ci y of ande, California. ---" ------