HomeMy WebLinkAbout1980-08-19; City Council; 8086; CMC 11.06 adds - Excavation & grading*.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO. 8086
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 11, OF THE CARLSBAD MUNICIPAL CODE
BY THE ADDITION OF CHAPTER 11.06 SETTING
FORTH PROVISIONS FOR EXCAVATION AND GRADING.
The City Council, of the City of Carlsbad, California,
does ordain as follows:
SECTION 1: That Title 11 of the Carlsbad Municipal Code
is amended by the amendment of Chapter 11.06 to read as follows:
"Chapter 11.06
EXCAVATION AND GRADING
Sections :
11.06.010 11.06 e 020 11.06.030
11.06.040
11.06.050 11.06,060
11.06.070
11.06.080
11.06.090
11.06.100
11.06.110
11.06.120
11.06.130
11.06.140
11.06.150
11.06.160
11.06.170
11.06.180
11.06.190 11.06.200
11.06.210
11,06.220
11.06.230
Purpose. Definitions. Permits required. Hazards. Grading permit requirements. Permit limitations and conditions. Denial of permit. Bonds. Excavations. Fills. Slope location and setbacks.
Drainage.
Planting of slopes
Storm damage precautions.
Storm damage precautions. Incomplete WOT.~
Storm damage precautions. Effect of non-compliance
Grading inspection and supervision. Responsibility of permittee. Reports required. Appeals. Depositing earth, sand. or gravel, etc., upon public or private property.
False statements in application or plans. Violations.
-1-
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
11.06.010 Purpose. The purpose of this chapter is to estab- lish minimum requirements for grading, excavating and filling of land, to provide for the issuance of permits and to provide for the enforcement of the requirements, These provisions are supple- mentary and additional to Chapter 20 (Subdivision) and Chapter 21 (Zoning) of this code and shall be read and construed as an
integral part of these chapters and the land development patterns
and controls established thereby. It is the intent of the City
Zouncil to protect life and property and promote the general welfart
anhance and improve the physical environment of the community; and
preserve, subject to economic feasibility, the natural scenic char-
acter of the City. The provisions of this chapter shall be adminis.
tered to achieve, to the extent possible, the following goals:
manner most compatible with surrounding areas and so as to have the
least effect upon other persons or lands, or upon the general
public;
(b) Ensuring that soil will not be stripped and removed from lands in the more scenic parts of the City, leaving the same barren unsightly, unproductive; and subject to erosion and the hazards of subsidence and faulty drainage;
(c) Encouraging the planning, design and development of building sites in such fashion as to provide the maximum in safety and human enjoyment, while adapting development to and taking
advantage of the best use of the natural terrain;
retention insofar as practical, of the natural planting and a
maximum number of existing trees.
(a) Ensuring that future development of lands occurs in the
(d) Encouraging and directing special attention toward the
11.06.020 Definitions. Whenever the following words, terms
or phrases are used in this chapter they shall be construed as
defined in the following subsections unless from the context in
which the word, term, or phrase is used a different meaning is specifically defined or intended.
(a) "Bedrock" is the relatively solid, undisturbed rock in
place either at the ground surface or beneath surficial deposits of gravel, sand or soil.
(b) "Civil Engineer" shall mean a professional engineer in
the branch of civil engineering holding a valid certificate of
registration issued by the State of California.
other similar material which is cut into, dug, quarried, uncovered,
removed, displaced, relocated or bulldozed by man and the condition resulting therefrom.
(d) "Fill" shall mean deposits of soil, rock, or other simila irreducible materials placed by man.
(e) "Finished Grade" shall mean the vertical location of the ground surface upon completion of any excavation or fill,
(f) "Geologist" shall mean a person holding a valid certifica of registration as a geologist in the specialty of engineering
geology issued by the State of California under provisions of the Geologist Act of the Business and Professions Code.
thereof.
(c) "excavation" shall mean any earth, sand, gravel, rock or
(9) "Grading" shall mean any excavation or fill or combinatio
/// ///
-2-
..
1
2
3
4
9
10
11
12
13
14
15
16
17
1E
1s
2c
21
22
22
24
2E
2E
27
2E
(h) "Natural Grade" is the vertical location of the ground
(i) "Rough Grade" is the elevation of the ground surface xrface prior to any excavation or fill.
2stablished by grading that approximates the final elevation shown in the approved design.
>ination thereof, under the same ownership, where grading is propose
>r performed.
(k) "Soils Engineer" is a civil engineer experienced in soils nechanics who investigates and reports on the stability of existing 3r proposed slopes, controls the installation and compaction of
fills, recommends soil bearing values and provides design criteria
ind calculations for special earth structures such as buttress fill:
the testing of soils under the direction of a civil engineer exper- ienced in soil mechanics (a soils engineer).
sible for the observation of the grading in accordance with the
requirements of Section 11.06.200.
(j) "Site" is any lot or parcel of land or contiguous com-
(1) "Soil Testing Agency" is an agency regularly engaged in
(m) "Grading Engineer" shall mean the civil engineer respon-
11.06.030 Permits Required. Except as provided in this sec-
tion, no person shall do any grading without first having obtained
3 grading permit from the City Engineer. Unless the provisions of Zhapter 11.06 of this code apply, a grading permit shall not be required for the following:
footings of a building, retaining wall or other structure auth-
xized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excava-
tion having an unsupported height greater than five feet after the completion of such structure.
(a) An excavation below finished grade for basements and
(b) Cemetery graves.
(c) (d) Excavations for wells or tunnels or utilities.
(e) Mining, quarrying, excavating, processing, stockpiling of
rock, sand, gravel, aggregate or clay where established and provide1
for by law provided such operations do not affect the lateral suppo. or increase the stresses in or pressure upon any adjacent or con- tiguous property.
(f) Exploratory excavations under the direction of soil engineers or engineering geologists.
(9) An excavation on any site, or contiguous sites, held unde one ownership which is less than four feet in vertical depth at its
deepest point measured from the natural ground surface and does not
result in the movement of more than 100 cubic yards of material per
each 8,000 square feet of area or portions thereof, not extending
below the angle of repose or natural slope of the soil as measured
from a point one foot inside the exterior property line (cut or fil
within the building envelope does not apply toward this maximum
volume).
(h) A fill on any site or contiguous sites held under one
ownership in which all of the following are found to exist:
height;
Refuse disposal sites controlled by other regulations.
(1) None of the fill exceeds three feet in vertical
/// ///
-3-
1
2
3
4
5
6
7
8
9
10
I1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(2) None of the fill is placed on an existing slope
steeper than five units horizontal to one vertical;
(3) The fill does not change or adversely affect the
existing drainage pattern; (4) The toe of the fill is no closer than three feet to an exterior property line; and
(5) Does not exceed 100 cubic yards of material per each
8,000 square feet of area or portion thereof.
Engineer finds that no danger to private or public property can
now or hereafter result from grading operations.
(j) Clearing and grubbing of vegetation which must be done in connection with land development is an integral part of the tota work covered by the discretionary approval. Any person desiring to do land development work shall not undertake clearing and
grubbing operations until the appropriate permit or agreement has
been obtained. For the purposes of this section, ''clearing and
grubbing" shall mean the removal of any and all types of vegetation
the removal of roots, etc., from land; and the clearing or breaking
up of the surface of land by digging.
(i) Grading in an isolated self-contained area if the City
11.06.040 Hazards. Whenever the City Engineer determines
that any existing excavation or embankment 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 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 City Egnineer shall within the period specified therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the require- ments of this code.
11.06.050 Grading Permit Requirements. (a) Prior to appli- cation for a grading permit, the applicant shall fullfill all Environmental Protection Procedures described in Chapter 19.04
of this code.
shall first file an application in writing on a form furnished
for that purpose. Every such application shall:
be performed by lot, block, tract and by a street address or by
similar description sufficient to readily identify and definitely
locate the site.
land; the person who is to perform the work; and, the Supervising Grading Engineer if such work is to be performed as controlled
grading according to Section 11.06.200.
(3) Be accompanied by plans, specifications and cal-
culations as may be required by Subsection (c) of this Section. (4) State the volume of the material to be handled.
(5) Be signed by the applicant or his authorized agent,
(6) Give such other information as reasonably may be
(b) Ayplication. To obtain a grading permit, the applicant
(1) Describe the land on which the proposed work is to
(2) State the name and address of: the owner of said
who may be required to submit evidence of such authority.
required by the City Engineer.
-4-
21
2f
2:
24
2:
2t
(c) Plans and Specifications. With each application for a
Trading permit and when required by the City Engineer for enforce- nent of any provisions of this code, three sets of plans and specifications shall be submitted. The plans shall be prepared
md signed by a civil engineer and shall show the following: (1) A vicinity sketch or other means of adequately indicating the site location.
(2) Boundary lines of the property on which the work is to be performed.
(3) Each lot or parcel of land into which the site is
yoposed to be divided. (4) All of the proposed uses of the site and, if the site is to be divided, the proposed use of each lot or parcel Df land.
(5) Location of any existing buildings or structures
3n the property where the work is to be performed, and the
location of any buildings or structures on adjacent land which 3re within 15 feet of the property line.
sxisting ground.
proposed grading shown by contours, cross sections or other means and location of any rock disposal areas, buttress fills
3r other special features, if such are proposed to be included in the work.
(8) A statement of the quantities of material to be excavated and/or filled and the amount of such material to be
imported to, or exported from the site. (9) A statement of the estimated starting and com- pletion dates for work covered by the permit. (10) A statement signed by the owner acknowledging
that a civil engineer, soils engineer and/or geologist will
be employed to give technical advice and consultation or
observe the work, whenever approval of the plans and issuance of the permit are to be based on the condition that such professional persons be so employed. (11) Detailed plans of all drainage devices, walls, cribbing, or other protective devices to be constructed in connection with, or as a part of, the proposed work, together with a map showing the drainage area and estimated runnoff of the area served by any drains.
(12) Any additional plans, drawings or calculations
deemed necessary by the City Engineer to show conformance of
the proposed work with the requirements of this Code or
related ordinances.
(d) Enqineering Geoloqical Reports. The City Engineer
may require an engineering geological investigation and report,
based on the most recent grading plan. The engineering geo-
logical report shall include an adequate description of the
geology of the site and conclusions and recommendations re-
garding the effect of geologic conditions on the proposed
development.
approved by the City Engineer shall be incorporated in the
grading plans or specifications.
(6) Accurate contours showing the topography of the
(7) Elevation, location, extent and slope of all
Recommendation included in the report and
/// ///
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
le
19
2c
21
22
22
24
25
26
27
2e
(e) Soils Reports. The City Engineer may require a soils
investigation and report based on the most recent grading plan.
Such reports shall include data regarding the nature, distri- bution and strength of existing soils' recommendations for
grading procedures and design criteria for corrective measures, if required. Recommendations included in the report and approved
by the City Engineer shall be incorporated in the grading plans or specifications. (f) Fees.
(1) Plan Check Fee. For each excavation and fill on
the same site, the fee shall be based on the volume of excava-
tion or fill, whichever is greater. Before accepting a set of
plans and specifications for checking, the City Engineer 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
amount
to the
shall
rr
for standard terrace drains and similar facilities. The of the plan checking fee for grading plans shall be paid
City in accordance with this section:
(A) 100 cubic yards or less. . . . . .$10.00
(B) 101 to 1000 cubic yards. . . . . .$15.00
(C) 1001 to 10,000 cubic yards. . . . .$20.00
(D) 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.
(E) 100,001 to 200,000 cubic yards - $110.00 for the first 100,000 cubic yards plus $6.00 €or each additional 10,000 cubic yards or
fraction thereof.
(F) 200,001 cubic yards or more - $170.00 for
the first 200,000 cubic yards, plus $3.00 for
each additional 10,000 cubic yards or
fraction thereof.
(2) Grading Permit Fees. A fee for each grading permit
(A) 100 cubic yards or less. e . . e .$lo
(B) 101 to 1000 cubic yards - $15.00 for the first
100 cubic yards plus $7.00 for each additional
100 cubic yards or fraction thereof.
(C) 1001 to 10,000 cubic yards - $78.00 for the
first 1000icubic yards, plus $6.00 for each additional 1000 cubic yards or fraction thereof.
(D) 10,001 to 100,000 cubic yards - $132.00 for the first 10,000 cubic yards, plus $27.00 for each additional 10,000 yards or fraction thereof
(E) 100,001 cubic yards or more - $375.00 for the first 100,000 cubic yards, plus $15.00 for each additional 10,000 cubic yards or fraction thereof.
de paid to the City as €allows:
.i,ie fee for 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 entire
project.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
11.06.060 Permit Limitations and Conditions. All grading permits shall be subject to the limitations and conditions
established by this section. (a) General Conditions. 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 grading plans and specifications approved by the City Engineer. (b) Jurisdictions of Other Agencies. Permits issued under the provisions of this Code shall not relieve the owner of the responsibility for securing permits or licenses that may be required from other departments or divisions of the governing agencies. (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 therein or, if
no time is so specified, within 180 days after the date of
issuance of the permit.
The time limit specified may be extended by the City Engineer
upon written request of the permitte, owner or surety, if in
the discretion of the City Engineer, good and sufficient cause
has been shown.
(d) Conditions of Approval. In granting any permit under
this Code, the City Engineer may attach such conditions as may
be reasonably necessary to prevent creation of a nuisance or
hazard to public or private property. include, but shall not be limited to: Such conditions may
(1) to the standards of this Code.
(2) Requirements for fencing of excavations or fills
which would otherwise be hazardous. (e) Modification of Approved Plans. Any modifications of or changes in the approved grading plans must be approved by the City Engineer. Modifications which affect the basic tract
design or land use must have the approval of the appropriate control agency.
Where the grading proposed is solely for the purpose of preparing land for agricultural purposes or for the construction of a roadway to be used as access for maintaining the use of the land at the time of the permit, the City Enqineer may issue a special permit therefor and modify the requirements of this Chapter when he finds:
less than ten acres.
use and will not result in a hazard to adjoining property or
existing structures.
erosion control,
Improvement of any existing grading to bring it up
(f) Special Permit - Agricultural, Stockpile or Road Grading.
(1) The site of the proposed work has an area of not
(2) The work will be reasonably safe for the intended
(3) Adequate provision will be made for drainage and
/// /// /// ///
-7-
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
I&
19
2c
21
22
22
24
25
26
27
28
(9) Export of Earth from or Import of Earth to the Project
Site. Where an excess of 5,000 cubic yards of earth per site
project is moved on public roadways from or to the site of an
earth grading operation, all the following requirements shall
apply: applied for the alleviation or prevention of excessive dust
resulting from the loading or transportation of earth from or
to the project site on public raodways. The permittee shall
be responsible for maintaining public rights-of-way used for
handling purposes in a condition free of dust, earth, or debris
attached to the grading operation.
the site must be accomplished between 7 a,m.and sunset, Monday
through Friday, or 8 a.m. and sunset on Saturday.
designated on the approved grading plan only.
approaches the intersection with the public raodway, shall have
a 300 foot clear, unobstructed sight distance to the intersec-
tion from both the public raodway and the access road. If the
300 foot sight distance cannot be obtained, flagmen shall be
posted.
Section 21400 of the California Vehicle Code shall be posted at
the entrance of the access road to the public raodway.
(6) An advance warning sign must be posted on the
public raodway 400 feet on either side of the access inter-
section, carrying words “truck crossingan The sign shall be
diam.ond in shape, each side being 30 inches in length, shall
have a yellow background, and the letters thereon shall be five
inches in height. The sign shall be placed six feet from the
edge of the pavement and the base of the sign shall be five
feet above the pavement level. The advance warning sign shall
be covered or removed when the access intersection is not in use.
one-half mile of a structure for human occupancy shall not be conducted between the hours of sunset and 7 a.m. The City
Engineer may, however, permit grading operations during specific
hours after sunset or before 7 a.m., if he determines that such
operations are not detrimental to the health, safety, or welfare
of the inhabitants of such a structure. Permitted hours of operation may be shortened by the City Engineer on his finding of a previously unforeseen effect on health, safety or welfare. The noise limitation provisions of Chapter 8.48 of this Code
will be observed.
(1) Either water or dust palliative or both must be
(2) Loading and transportation of earth from or to
(3) Access roads to the premises shall be at points
(4) The last 50 feet of the access road, as it
(5) A stop sign conforming to the requirements of
(h) Time of Grading Operations. Grading operations within
11.06.070 Denial of Permit. A grading permit shall not be
issued to anyone if the following conditions are found:
(a) Hazards. The City Engineer shall not issue a grading
permit in any case where he finds that the work as proposed by
the applicant is likely to adversely affect the stability of
adjoining property or result in the deposition of debris on any
public way or interfere with any existing drainage course or be
in an area determined to be subject to geological hazard.
/// ///
-8-
1
2
3
e
9
1c
11
1€
1s
2c
21
2:
21
24
2:
2t
2E
If it can be shown to the satisfaction of the City Engineer
that the hazard can be essentially eliminated by the construction
Df retaining structures, buttress fills, drainage devices, or by Dther means, the City Engineer may issue the permit with the condition that such work be performed. (b) Land use. The City Engineer shall not issue a grading permit for work on a site unless the proposed uses shown on the
grading plan for the site will comply with all provisions of
Chapter 21 of this Code.
11.06.080 Bonds (a) A permit shall not be issued unless
the permittee shall first post with the City Engineer a bond,
in a form prescribed by the City Attorney, executed by the owner
and a corporate surety authorized to do business in the State
of California as a surety in an amount sufficient to cover
the cost of the project including the construction of drainage
and protective devices and any corrective work necessary to
remove and eliminate engineering and geological hazards.
In lieu of a surety bond, the applicant may provide a
deposit either with the City or a responsible escrow agent or
trust company selected by the City of cash or negotiable bonds
of the kind approved for securing deposits of its public moneys; or an irrevocable instrument of credit from one or more res-
ponsible financial institutions regulated by federal or state
government and pledging that the funds are on deposit and
guaranteed for payment on demand by the City.
The City Engineer may reduce the amount of the bond to the
extent that he determines that the hazard or danger created by
the work does not justify the full amount.
No bond shall be required when the City Engineer determines
the proposed grading will not adversely affect the subject pro-
perty or adjacent property or existing or proposed structures
thereon, and will not create, cause, or precipitate a geological,
flood, drainage, erosion, siltation, or other adverse environ-
mental impact if, for any reason, the proposed project or grading is not completed.
On development where progressive individual grading projects or several concurrent projects are being constructed by one owner, a continuing bond or single instrument of credit may be
provided which will cover all such projects; the amount thereof shall be determined by the City Engineer. (b) Every bond shall require that the permittee shall: (1) Comply with all the provisions of this Code or
other applicable laws and ordinances. (2) Comply with all the terms and conditions of the
permit for excavation or fill to the satisfaction of the City
Engineer
(3) Complete all of the work contemplated under the
permit within the time limit specified in the permit or complete the work to a safe condition satisfactory to the City
Engineer. The City Engineer may, for suEficient cause, extend
-9-
1
2
3
4
5
6
7
e
9
10
11
12
13
14
15
1E
11
If
1s
2c
23
22
2:
24
2E
2E
27
2E
the time specified in the permit, but no such extension shall
release the surety upon the bond.
filing and shall remain in effect until the completion of the
work to the satisfaction of the City Engineer. In the event
of failure to complete the work and failure to comply with all
of the conditions and terms of the permit, the City Engineer
may order the work required by the permit to be completed or put in a safe condition to his satisfaction. The surety
executing such bond or deposit shall continue to be firmly
bound under a continuinq obligation for thepayment of all satisfactory 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 of any unused portion thereof shall be refunded to the permittee. (d) Whenever the City Engineer finds or determines that a default has occurred in the performance of any requirement of a condition of a permit issued hereunder, written notice thereof shall be given to the principal and to the surety on the bond. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the City Engineer to be reasonably necessary for the completion of such work.
(c) The term of each bond shall begin upon the date of
After receipt of such notice, the surety shall, within the
time specified, cause or require the work to be performed, or
failing therein, shall pay over to the City Engineer the
estimated cost of doing the work as set forth in the notice. Upon receipt of such monies, the City Engineer shall cause the
required work to be performed and completed.
(e) A substitute bond or letter of credit may be filed in
lieu of any above-mentioned bond or letter of credit, and the City Engineer may accept the same if it is suitable to insure completion of the work remaining to be performed and in proper form and substance, and the bond or letter of credit €or which it is substituted may be exonerated if the City Engineer finds that the conditions of said bond or letter of credit for which
a substitute has been filed have been satisfied and that no
default exists as to the performance upon which the said bond
or letter of credit is conditioned.
11.06.090 Excavations Cuts shall not be steeper in slope
than two horizontal to one vertical unless the owner furnishes
a soils engineering or an engineering geology report, or both,
stating that the site has been investigated and giving an
opinion that a cut at a steeper slope will be stable and not
create a hazard to public or private property.
may require the excavation to be made with a cut face flatter
in slope than two horizontal to one vertical if he finds it
necessary for stability and safety.
The City Engineer
/// /// /// ///
-10-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
le
19
2c
21
22
22
24
25
26
27
28
Cut slopes more than 40 feet in height shall have drainage terraces provided at vertical intervals not exceeding 25 feet.
Such terraces shall be not less than eight feet in width (total
horizontal distance) except that when the total slope height
exceeds 100 feet, one terrace near mid-height shall be not less than 20 feet in width (total horizontal distance). The design and construction of drainage terraces shall conform to the
requirements of Section 11.06.120.
11.06.100 Fills (a) Compaction. All fills shall be com-
pacted throughout their full extend to a minimum of 90 percent of the maximum density as determined by A.S.T.M. Soil Compaction
Test D1557-70. Field density shall be determined by a method
acceptable to the City Engineer.
(1) Compaction may be less than 90 percent of maximum density, as determined by the above test, within six inches of
the slope surface when such surface material is placed and
the slope surface when such surface material is placed and complacted by a method acceptable to the City Engineer.
(2) Fills not intended to support structures need not
be comjacted to these standards if the City Engineer determines
that such compaction is unnecessary as a safety measure. In
making this determination, the City Engineer may require that an investigation be made by a soils engineer to establish the characteristics of the soil, the amount of settlement to be expected, and the susceptibility of the soil to erosion or slippage.
Slope surfaces may be prepared for planting by
scarifying, by the addition of top soil, or by other methods
provided such slopes when so prepared otherwise comply with the
requirements of this section.
be prepared to receive fill by removing vegetation, non-
complying fill or other incompetent material.
shall be placed unless the underlying soil or bedrock has been investigated by the soil engineer or geologist and found to be
capable of safely supporting the additional weight. Where the
slope of the existing ground surface is five horizontal to one vertical or steeper, the fill shall be supported on level benches cut into competent material. Except where recommended by the soils engineer or geologist as not being necessary,
subdrains shall be provided under all fills placed in natural drainage courses and in other locations where seepage is evident. Such subdrainage systems shall be of a material and design approved by the soil engineer and acceptable to the City Engineer. The location of the subdrains shall be recorded in plan and elevation by the soil engineer and shown on an as-built plan.
(c) Fill Slope. The steepness of fill slopes shall be determined by a soil engineer who shall submit soil test data
and engineering calculations to substantiate to the satisfaction
of the City Engineer the stability of the fill slope and slope
surface under conditions of saturation. In the absence of such determination, no fill slope shall exceed a steepness of two
(3)
(b) Preparation of Ground. The existing round surface shall
No compacted fill
-11-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
horizontal to one vertical.
shall be incorporated in fills. Except as recommended by the
soils engineer and approved by the City Engineer, no rock or
similar irreducible material with a maximum dimension greater
than twelve inches shall be buried or placed in compacted fills.
(e) Drainage Terraces Required. Fill slopes more than 30
feet in height shall have drainage terraces provided at
vertical intervals not exceeding 25 feet. Such terraces shall
be not less than eight feet in width (measured horizontally
from the outside edge) except that where the total slope height
exceeds 100 feet. One terrace near mid-height shall be not less
than 20 feet in width (measured horizontally from the outside
edge). The design and construction of drainage terraces
shall conform to the requirements of Section 11.06.120.
above the top of an existing or proposed cut or natural slope
steeper than three horizontal to one vertical, the toe of the fill shall be set back from the top edge of the slope a minimum distance as may be specifically recommended by a soils
engineer or engineering geologist and approved by the City Engineer. Fills shall not toe out on slopes steeper than two horizontal to one vertical.
(9) Inspection and testing. The soil engineer shall
provide sufficient inspection during fill placement and
compaction operations to determine that such work is being
performed in accordance with conditions of plan approval and
requirements of this code. Continuous inspection shall be
provided by the soil engineer or his responsible representative
for all fills that will exceed a vertical height or depth of
30 feet or result in a slope surface steeper than two horizontal to one vertical. Tests to determine density of the compacked
fill soils shall be made on the basis of not less than one test for each two-foot vertical lift of the fill but not less than one test for each 1000 cubic yards of material placed. In
addition, density tests at a point approximately one-foot below the fill slope surface shall be made on the basis of not less than one test for each ten-foot vertical of slope height. All
such density tests shall be reasonably uniformly distributed
within the fill or fill slope surface. Results of such testing
and location of tests shall be presented in the soil engineer's
report.
(d) Fill material. No organic or other reducible material
(f) Slopes to receive fill. Where fill is to be placed
/// /// /// /I/ /// /// /// /// /// /// /// /// /// I// /// /// /// /// /// /// /// /// /// ///
-12-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
11.06.110 Slope Location and Setbacks. Cut and fill
slopes shall be set back from site boundaries and buildings
shall be set back from cut or fill slopes in accordance with
Figure No. 70-A and as hereinafter provided. Setback dimensions
identified as ''a" and ''c" in Figure 70-A shall be horizontal
distances measured perpendicular to the site boundary.
Setbacks "b", I'dd" and "er' shall be horizontal distances
measured perpendicular to the indicated contour of the slope
face.
The setback and other restrictions imposed by this
section may be increased where unusual soil or geologic
conditions make such increase necessary for safety or stabil-
ity or may be modified upon investigation and recommendation
by a soil engineer or geologist where such modification will
provide equivalent safety, stability and protection, and the
City Engineer so finds.
Where a fill slope is to be placed near the site boundary and the adjacent offsite property is developed,
special precautions shall be incorporated in the work as the
City Engineer deems necessary to protect the adjoining pro-
perty from damage as a result of such grading. These precautions
may include, but are not limited to:
(a) Additional setbacks
(b) Provision for retaining or slough walls
(6) Mechanical or chemical treatment of the fill slope
(d) Provisions for the control of surface waters. surface to minimize erosion
/// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// ///
-13-
/// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// ///
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SITE
NATU~L GRADE
CUT SLOPE
-__-
REQUIRED SETBACKS - b C d e H (FEET) a. 3' 3'
IO - 20
2' LESSTHAN 10 2' 3' __ H/5 H/5(3'MIN.) Hfi(3'MIN.) H/5 5'
OVER= - 4 f H/l& H/10(5'MIN.) *H/S(lO'W.) h'/S(m'MAX.) H/rO**
1l 15' MASIMUM #?% 4' MINIMUM. r0'MAXJMUM
1- FfiL SLOPE
11.06.120 Drainage (a) General. The drainage structures and
devices required by this Code shall be designed in accordance with
recognized principles of hydraulics.
carry surface waters to the nearest practical street, storm drain,
or natural watercourse approved by the City Engineer as a safe place to deposit such waters.
onto natural ground, rip-rap or a similar energy dissipator may be required.
(c) Site drainage. Graded building sites (building pads)
shall have a minimum slope of one percent towards a public street or drainage structure approved to receive storm waters. A lesser
slope may be approved by the City Engineer for sites graded in relatively flat terrain, or where special drainage provisions
are made, when he finds such modification will not result in
unfavorable drainage conditions.
(d) Drainage terraces. Drainage terraces shall have a
longitudinal grade of not less than two percent nor more than
twelve percent and a minimum depth of one foot at the flow line. There shall be no reduction in grade along the direction of flow
unless the velocity of flow is such that slope debris will remain
in suspension on the reduced grade. Such terraces shall be paved with concrete not less than three inches thick reinforced with
6" X 6"/#10 X #10 welded wire fabric or equivalent reinforcing.
Drainage terraces exceeding eight feet in width need only be SO
(b) Disposal. All drainage facilities shall be designed to
If the drainage device discharges
1
2
3
4
5
6
7
8
9
10
I1
12
13
14
15
16
17
le
19
2c
21
22
23
24
25
26
27
28
paved for a width of eight feet provided such pavement provides
a paven channel at least one-foot in depth. drainage outlets shall be provided at approximately 300-foot
intervals along the drainage terrace or at equivalent locations. Downdrains and drainage outlets shall be of approved materials and of adequate capacity to convey the intercepted waters to the point of disposal.
(e) Overflow protection. Berms, swales or other devices shall be provided at the top of cut or fill slopes to prevent
surface waters from overflowing onto and damaging the face of the slope. Special drainage provisions shall be made where a
building or structure exists within five feet of the top of a
slope.
Downdrains or
11.06.130 Planting of Slopes (a) Planting. The surface
of alfeet in height and fill slopes
more than threg feet in height shall be protected against damage by erosion by planting with grass or ground cover plants. exceeding 15 feet in vertical height shall also be planted with shrubs, spaced at not to exceed ten feet on centers; or trees,
spaced at not to exceed 20 feet on centers; or a combination
of shrubs and trees at equivalent spacings, in addition to the
grass or ground cover plants.
methods used shall be suitable for the soil and climatic con-
ditions of the site. Plant material shall be selected which
will produce a permanent planting coverage effectively controlling
erosion. Consideration shall be given to deep-rooted plant material needing limited watering; to low-maintenance during the lifetime of the project; to high root to shoot ratio (weight above ground parts versus root system); wind susceptibility and fire retardant characteristics.
Slopes
The plants selected and planting
Planting need not be provided for cut slopes rocky in characte: and not subject to damage by erosion and any slopes protected against erosion damage by other methods when such methods have
been specifically recommended by a soils engineer, engineering geologist, or equivalent authority and found to offer erosion
protection equal to that provided by the planting specified in this section,
(b) Irrigation. Slopes required to be planted by Subsection
(a) shall be provided with an approved system of irrigation, designed to cover all portions of the slope and plans therefor
shall be submitted and approved prior to installation. A func-
tional test of the system may be required.
For slopes less than 20 feet in vertical height, hose bibs to permit hand watering will be acceptable if such hose bibs are installed at conveniently accessible locations where
a hose no longer than 50 feet is necessary for irrigation.
modified upon specific recommendation of a landscape architect
or equivalent authority that because of the type of plants
selected, the planting methods used and the soil and climatic
conditions of the site, irrigation will not be necessary for
The requirements for permanent irrigation systems may be
-15 -
1
2
3
4
5
6
7
8
9
10
11
12
12
14
15
16
17
1E
1s
2c
23
22
2:
24
2E
2E
27
2E
the maintenance of the slope planting,
required by this Section shall be installed as soon as practical
after rough grading. Prior to final approval of grading and
before the release of the grading bond, the planting shall be well established and growing on the slopes.
(c) Release of bond. The planting and irrigation systems,
11,06.140 Storm damage precautions. No grading permit shall be issued for work to be commenced between November 16 of any year and April 14 of the following year, unless the plans for such work include details of protective measures, including desilting basins or other temporary drainage or control measures, or both, as may be necessary to protect adjoining public and private property from damage by erosion, flooding, or the
deposition of mud or debris which may originate from the site
or result from such grading operations.
If grading is begun prior to November 16, all protective
measures shall be installed prior to November 16, If grading
is betun on or after November 16, all protective measures shall be installed before grading is begun. All protective measures shall be maintained in good working order until April 14 of
the succeeding year, where grading is done between November 16
and December 31, or until April 14 of the same year where grading
is done between January 1 and April 14, unless their removal
at an earlier date is approved by the City Engineer,
11.06.150 Storm damage precautions - Incomplete work. Where a grauing permit is issuea ana the work is commenced after
April 15 and before October 1 of any year and the plans for such work do not include details of the protective measures described
in Section 11.06.140, and it appears that the grading and in-
stallation of the permanent drainage devices as authorized by
the permit will not be completed prior to November I, then on
or before October 1 the owner of the site on which the grading
is being performed shall file or cause to be filed with the
City Engineer revised plans which include details of the
protective measures described in and in all other respects
follow the provision of Section 11.06.140.
The revised plans required by this Section shall be accom-
panied by an application for plan checking services and plan checking fees as specified in Section 11.06.050 based on an assumed volume of material equal to five percent of the volume shown on the original permit,
11.06.160 Storm damage precautions - effect of non- , compliance. Should the owner fail to submit the plans or fail
to provide the protective measures required by Sections 11.06.140
or 11.06.150 by the dates specified therein, it shall be deemed
that a default has occurred under the conditions of the grading
permit bond. Thereupon the City Engineer may enter the property
for the purpose of installing, by City forces or by other means,
the drainage and erosion control devices shown on the approved plans, or if there are no approved plans, as he may deem necessary
-16 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
to protect adjoining property from storm damage, or the City Engineer may cause the owner of the site to be prosecuted as a violator of this Code, or he may take both actions.
11.06.170 Grading Inspection and Supervision. (a) Controlled or regular grading. All grading involving a fill intended to support structures, or the development of more than one lot or parcel of land, or in excess of 5000 cubic yards of material, or grading where the City Engineer determines special conditions or unusual hazards exist shall be performed
under the observation of a civil engineer and shall be desig-
nated "controlled grading". Grading other than controlled grading shall be designated "regular grading".
(b) Regular grading requirements. The City Engineer, upon notification from the permittee or his agent, shall inspect the
grading at the following stages of the work and shall either
approve the portion then completed, or shall notify the permittee or his agent wherein it fails to comply with the requirements of
this Code:
vegetation, unapproved fills and scarified, benched or otherwise prepared, but before any fill is placed.
approximate final elevations have been established; drainage
terraces, swales and other drainage devices graded ready for
paving; and berms installed at the top of slopes.
age devices installed; slope planting established and irrigation systems installed.
(1) Initial. When the site has been cleared of
(2) Rough. When the grading has been completed and
(3) Final. When grading has been completed; all drain-
In addition to the called inspections specified above, the City Engineer may make such other inspections as he may deem
necessary to insure compliance with the requirements of this
Code. Investigations and reports by an approved soil testing
agency and/or geologist may be required in the discretion of
the City Engineer at any stage of the grading.
responsibility of the grading engineer to observe the grading operations and to coordinate site inspection and testing to assure compliance of the work with the approved grading plans, the recommendations of the soils engineer geologist, and the requirements of this Code. He shall submit periodic progress reports as required by the City Engineer. At the completion of the various stages of the work specified in Subsection (b) he shall verify in writing that the work is in compliance with this chapter. The verification for that portion of the work concerning the preparation of the existing ground surface and placing and compaction of fills may be made by the soils engineer for the soils testing agency.
(c) Controlled grading requirements. It shall be the
The City Engineer may require sufficient inspections by
the geologist to assure that all geological conditions have
been adequately considered and recommended corrective measures
incorporated in the work,
/// ///
-17-
..
,
1
2
3
4
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
All necessary reports, compaction data and soils engineer- ing or engineering geological recommendations made during the grading operation shall be submitted to the City Engineer by the Grading Engineer.
ments shall be met:
be responsible for all surveying work necessary for proper
construction of the drainage and grading facilities. He shall
inspect the site to insure that the embankment and cut slopes are placed at their proper line and grade.
(d) Prior to the release of bonds, the following require-
(1) Private engineer. The private engineer shall
He shall, prior to the release of Bonds and surety, provide a written statement that in his professional opinion, all work incorporated in the grading and drainage plans, authorized under the grading permit to include grading, drainage, and
construction of appurtenant structures, have been constructed to the lines and grades in substantial conformance with the
approved plans, and any approved revisions thereto.
responsible €or the testing of compaction and determination of
stability of the various slopes. He shall, prior to the release of the Bond and Surety, provide a written statement that
inspections and tests were made by him, or under his observation,
and that in his professional opinion, all embankments have been compacted to City standards and in accordance with the Earthwork Specifications for the project.
be designed under the supervision of a Landscape Architect.
However, a Registered Civil Engineer or Registered Architect may
be responsible for the inspection of all landscaping and
irrigation required per the grading permit and plans if it is in
conjunction with a project he has been contracted to do. He shall prior to the release of the Bond and Surety, provide a written statement that in his professional opinion all work incorporated in the landscape and irrigation plans authorized under the permit have been constructed in accordance with the approved plans and revisions thereto.
release of building permits for any given lot or lots, the
private engineer shall submit a statement as evidence that
rough grading for land development has been completed within
standard tolerance in accordance with the approved plans, and
that all embankments and cut slopes and pad sizing are as shown
on the approved plans. The Soils Engineer will submit a state-
ment that all embankments, under his direction, have been
completed to an indicated 90 percent relative density.
(f) Notification of Noncompliance. If, in the course of
fulfilling his responsibility under this Chapter, the supervis-
ing grading engineer or soils engineer finds that the work is
not being done in conformance with this Chapter or the plans approved by the City Engineer, or in accordance with good accepted practices, he shall immediately notify the person in charge of the grading work and the City Engineer, in writing, of the non-conformity and of the corrective measures to be taken.
(2) Soil engineer. The soil engineer shall be
(3) Landscape Architect. All landscaping work shall
(e) Requirements prior to building permits. Prior to the
-18-
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(9) Violation. It is a violation of this code for any person to verify to the satisfactory completion of work
according to this chapter if such work is subsequently found
by the City Engineer to have been in substantial noncompliance
with the approved design or code requirement at the time of
verification.
11.06.180 Responsibility of Permittee. (a) Compliance
with plans and code. The permittee, his agent, contractor or
employee, shall carry out the proposed work in accordance with the approved plans and specifications and in compliance with all the requirements of this code.
be the responsibility of the permittee to notify the City
Engineer at least one working day in advance so that the inspec-
tions required by Section 11.06.170 can be made.
(c) Protection of utilities. During grading operations the permittee shall be responsible for the prevention of damage to any public utilities or services. (d) Protection of adjacent property. The permittee under the grading permit is responsible for the prevention of damage to adjacent property and no person shall excavate on land sufficiently close to the property line to endanger any adjoin-
ing public street, sidewalk, alley or other public or private
property without supporting and protecting such property from
settling, cracking, or other damage which might result.
(e) Temporary Erosion Control. The permittee shall put
into effect and maintain all precautionary measures necessary to protect adjacent water courses and public or private property
from damage by erosion, flooding, and deposition of mud or
debris originating from the site.
(b) Inspections. In performing regular grading it shall
11.06.190 Reports Required. (a) General. The City Engineer may require the following reports:
which shall state that all grading, lot drainage and drainage facilities have been completed and the slope planting and
irrigation systems installed in conformance with the approved
plans and the requirements of this Code. An as-built grading
plan shall be submitted showing the as-built grades and drainage
facilities.
(2) A report by the Soils Engineer which shall include
the recommended soil bearing capacity, a statement as to the expansive qualities of the soil, and summaries of field and laboratory tests. The locations of such tests and the limits of the compacted fill shall be shown on a final plan which shall also show by plan and cross section the location of any rock disposal areas and/or buttress fills if such were involved in the grading.
(3) A report by the engineering geologist which shall
be based on an as-built geologic map which report shall include
specific approval of the grading as affected by geological factors.
Where necessary, such report shall include geologic cross sections
and recommendations regarding the location of buildings or sewage disposal systems.
(1) A final report by the Supervising Grading Engineer
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(b) Final Approval. Final approval of grading shall not
be given until all maps and reports that may be required by Subsection (a) of this Section have been submitted and approved.
11.06.200 Appeals. An applicant may appeal to the City
Engineer's denial of, or the conditions of approval of, an
application for a permit to the City Council-within ten working days after said decision. Appeals shall be in writing and shall state the specific nature of the appeal. Appeals shall be
filed with the City Clerk.
11.06.210 Depositing Earth, Sand or Gravel, etc., Upon
Public or Private Property.
(a) Where prohbited. No person shall dump, move or place any earth, sand, gravel, rock, stone or other graded, filled or
excavated material, or leave any bank, slope or other excavated surface unportected so as to cause any of said materials to be deposited upon or to roll, blow or wash upon or over the premises of another without the express consent of the owner of each such premises so affected or upon or over any public property, place
or way. Such consent shall be in writing and in a form acceptable
to the City Engineer.
(b) Spilling, etc., loads. No person shall, when hauling any earth, sand, gravel, rock, stone or other excavated material
over any place, allow such materials to blow or spill over and upon such street, alley or place or adjacent private property. (c) Removal of deposits from public places. When, due to a violation of subsection (a) of this section, any earth, sand, gravel, rock, stone or other excavated material is caused to be
deposited upon or to roll, flow or wash upon any public place
or way, the person responsible therefor shall cause the same to
be removed from such public place or way within thirty-six hours.
In the event it is not so removed, the City Engineer shall cause
such removal and the cost of such removal by the City Engineer
shall be paid to the City by the person who failed to so remove
the material.
11.06.220 False statements in application or plans. No
person who prepares or signs any application or plans or drawings
shall willfully make any false statement or furnish false data
therein or thereon.
11.06.230 Violations. (a) Any grading commenced or done
contrary to the provisions of this chapter, or other violation
of this chapter, shall be, and the same is hereby declared to be,
a public nuisance. Upon order of the City Council, the City Attorney shall commence necessary proceedings for the abatement of any such public nuisance in the manner provided by law. Any failure, refusal, or neglect to obtain a permit as required by this chapter shall be prima facie evidence of the fact that a public nuisance has been committed in connection with any grading
commenced or done contrary to the provisions of this chapter.
/// /// /// /// /// ///
-2 0-
II I
1
2
3
4
5
6
7
a
9
10
11
13
(b) In the event that grading is commenced without a permit,
the City Engineer shall cause such work to be stopped until a
permit is obtained. The permit fee, in such instance, shall then
be double that which would normally be required. The payment of such double fee shall not relieve any person from fully complying
with the requirements of this chapter in the performance of the work. Such fee shall not be construed to be a penalty, but of enforcement of the provisions of this chapter in such cases.
(c) Each person, firn or corporation who commences or does
any grading contrary to the provisions of this chapter, or other-
wise violates the provisions of this chapter, is guilty of a
misdemeanor. Every c?ay during any portion of which any violation
of any provisions of this title is committed, continued or per-
mitted by such person, firm or corporation, shall be deemed a
separate violation and shall be punishable as provided in this title and in Section 1.08.010 of this code.
EFFECTIVE DATE: This ordinance shall be effective thirty days
after its adoption, and the City Clerk shall certify to the
adoption of this ordinance and cause it to be published at least
once in the Carlsbad Journal within fifteen days after its adoption
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
14/! City Council held on the 5th day of August , 1980.
1511 PASSED AND ADOPTED at a regular meeting of said City Council
16
17
18
19
20
21
held on the ’19th day of August , 1980 by the following vote,
to wit:
AYES : Counci 1 Members Packard , Cas1 er , Anear, Lewis and Kul chin
NOES: None
ABSENT: None
22
23
ATTEST :
ALETHA L. RAUTENKRANZ, City Clerk 25
26
-21-