HomeMy WebLinkAbout1980-03-18; City Council; 6197; Proposed Grading OrdinanceCITY OF CA:U.$3,';D
AC-KNOA BALL NO. 6> j 3UZ-
DATE;: March 18, 1980
D E P A R T « E N T: En glneerin g
SUBJECT:PROPOSED GRADING ORDINANCE
Initijjl:
Dept. Head
C. Atty
C. Mgr.
STATEMENT OF THE MATTER
The Engineering Department has prepared a new grading ordinance which addresses
many issues raised by the Council over the past few years. Of most significance
are the sections dealing with grading in the Coastal area.
EXHIBITS
Memo to the City Manager
Proposed Grading Ordinance
RECOMMENDATION
Schedule a workshop session to'review and discuss the proposed grading
ordinance.
Council Action:
3-18-80 Council directed staff to set the matter to workshop session at the earliest
possible meeting.
4-22-80 Council returned the matter to staff to further review the matter per
Council discussion during the meeting.
MEMORANDUM
TO: City Manager
FROM: City Engineer
DATE: February 11, 1980
SUBJECT: PROPOSED GRADING ORDINANCE
The Engineering Department has prepared a revised grading ordinance to take
the place of the existing Chapter 11.06 of the Municipal Code.
The proposed new code section is based on Chapter 70 of the Uniform Building
Code as are the ordinances of nearly every jurisdiction in-San Diego County.
The revised grading ordiance also borrows from the Los Angeles County
Grading Ordinance, the Orange County Grading Ordinance and the 1977 Draft
of Erosion and Sedimentation Guidelines distributed by the Coastal Commission
staff.
Significant changes in grading regulations proposed by the new ordinance are:
1. Section 11.06.010 Purpose. This section stresses the need for
retention of as much natural terrain, natural planting and existing
trees.
2. Section 11.06.030 Permits Required. Allows up to 250 cubic yards
of grading without a grading "permit. The existing ordinance permits
only 50 cubic yards.
3. Section 11.06.050 Grading Permit Requirements. (FEES)
The fee structure is broken into two parts: a fee for plan checking
and a fee for insepctiori. The fees are based on the amounts included
in the latest Uniform Building Code.
4. Section 11.06.060 Permit Limitations and Equipment. Provides for
modification of gradTiig penniTTequirements^fbr agricultural, stockpile
or road grading.
5. Section 11.06.130 Planting of Slopes. Provides for protection against
erosion damage by planting ~o~F slopesT
6. Section 11.06.130 Irrigation. Provides for installation of irrigation
systems.
7. Section 11.06.140 Storm Damage Precautions. Limits grading to the
period April 16 to SeptemBer 30~eacn~ year unless the plans for such
work include protective measures.
-2-
Proposed Grading Ordinance (cont'd)
8. Section 11.06.070 Erosion Control for Coastal Zone. Makes special
provisions to limit increased" potential for erosion and for peak runoff
during construction and after completion of work in the Coastal Zone.
Also, prohibits significant grading on hillsides with a slope greater
than 25%.
9. Section 11.06.080 Eros ion Prevention Plan. Applicants for grading
permits in the Coastal Zone must~~su5mTt' an erosion prevention plan.
10. Section 11.06.200 Grading Inspection and Supervision. Provides
for "supervised gradingir~in cases where grading is sfgnificant.
11. Section 11.06.220 Reports Required. This section provides that
the engineering geologist'submrFTinal reports after the grading has
•' been completed.
LErmmt
2/11/80
CHAPTER 11.05
EXCAVATION 'AND GRADING
SECTIONS:
11.06.010 Purpose
11.06.020 Definitions
11.06.030 Permits Required
11.06.040 Hazards
11.06.050 Grading Permit Requirements
11.06.060 Permit Limitations and Conditions
11.06.070 Denial of Permit
11.06.080 Bonds
11.06.090 Excavations
11.06.100 Fills
11.06.110 Slope Location and Setbacks
11.06.120 Drainage
11.06.130 Planting of Slopes
11.06.140 Storm Damage Precautions
11.06.150 Storm Damage Precautions. Incomplete Work
11.06.160 Storm Damage Precautions. Effect of Non-corapliance
11.06.170 Erosion Control for Coastal Zone
11.06.180 Erosion Prevention Plan
11.06.190 Projects Not Submitting an Erosion Prevention Plan
11.06.200 Grading Inspection and Supervision
11.06.210 Responsibility of Permittee
11.06.220 Reports Required '
11.06.230 Appeals
11.06.240 Violations
-2-
11.06.010 PURPOSE:
The purpose of this chapter is to establish minimum require-
ments 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 supplementary 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 Council to protect life arid property
and promote the general welfare; enhance and improve the physical
environment of the community; and preserve, subject to economic
feasibility, the natural scenic character of the City. In admin-
istering these provisions, the following goals should be respected:
A. Ensuring that future development of lands occurs in the
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;
D. Encouraging and directing specie1 attention toward the
retention insofar as practical, of the natural planting and a maximum
number of existing trees.
11.06.020 DEFINITIONS
For the purpose of this Chapter, certain .terms are defined as
follows:
BEDROCK is the relatively solid, undisturbed rock in place either
at the ground surface or beneath surficial deposits of gravel, sand
or soil.• *
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.
EXCAVATION shall mean any earth, sand, gravel, rock or other similar
material which is cut into, dug, quarried, uncovered, removed, dis-
placed, relocated or bulldozed by man and the conditions resulting
therefrom.
FILL shall mean deposits of soil, rock, or other similar irreducible
materials placed by man.
FINISHED GRADE shall mean the vertical location of the ground surface
upon completion of any excavation or fill.
GEOLOGIST shall mean a person holding a valid certificate 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.
-3-
11.06.020 DEFINITIONS (cont'd)
GRADING shall mean any excavation or fill or combination thereof.
NATURAL GRADE is the vertical location'of the ground surface
prior to any excavation or fill.
ROUGH GRADE is the elevation of the ground surface established
by grading that approximates the final elevation shown on the
approved design.
SITE is any lot or parcel of land or contiguous combination
thereof, under the same ownership, where grading is proposed
or performed.
SOILS ENGINEER is a civil engineer experienced in soils
mechanics who investigates and reports on the stability of
existing or proposed slopes, controls the installation and
compaction of fills, recommends soil bearing values and
provides design criteria and calculations for special earth
structures such as buttress fills.
SOIL TESTING AGENCY is an agency regularly engaged in the
testing of soils under the direction of a civil engineer
experienced in soil mechanics (a soils engineer).
SUPERVISING GRADING ENGINEER shall mean the civil engineer
responsible for the supervision of the grading in accordance
with the requirements of Section 11.06.200.
11.06.030 PERMITS REQUIRED
No person shall do any grading without first having obtained
a grading permit from the City Engineer except for the following:
A. An excavation below finished grade for basements and -
footings of a building, retaining wall or other structure auth-
orized 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 5 feet after
the completion of such structure.
B. Cemetery graves.
C. Refuse disposal sites controlled by other regulations.
D. Excavations for wells or tunnels or utilities.
E. Mining, quarrying, excavating, processing, stockpiling
of rock, sand, gravel, aggregate or clay where established and
provided for by law provided such operations do not affect the
lateral support or increase the stresses in or pressure upon
any adjacent or contiguous property.
11.06.030 PERMITS REQUIRED (cont'd)
F. Exploratory excavations under the direction of soil
engineers or engineering geologists.
G. An excavation which is less than two feet in depth, which
does not exceed 250 cubic yards on any one lot, and does not alter
drainage to adjacent properties.
H. A fill less than one foot in depth, and placed on natural
terrain with a slope flatter than five horizontal to one vertical.
I. A fill less than three feet, or less than three feet in
depth, not intended to support structures, which does not exceed
50 cubic yards on any one lot and does not obstruct a drainage
course.
J. Grading in an isolated self-contained area if the City
Engineer finds that no danger to private or public property can
now or hereafter result from grading operations.
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 Engi-
neer 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 requirements of this code.
11.06.050 GRADING PERMIT REQUIREMENTS
A. Prior to application for a grading permit, the applicant shall
full fill all Environmental Protection Procedures described in
Chapter 19.04 of this code.
B- Application. To obtain a grading permit, the applicant shall
first file an application in writing on a form furnished for that
purpose. Every such application shall:
1. Describe the land on which the proposed work is to be
performed by lot, block, tract and by a street address or by
similar description sufficient to readily identify and definitely
locate the site.
2. State the name and address of: the owner of said land;
the person who is to perform the work; and, the Supervising Grading
Engineer if such work is to be performed as Supervised Grading.
3. Be accompanied by plans, specifications and calculations
as may be required by Subsection (c) of this Section.
-5-
11.06.050 GRADING PERMIT REQUIREMENTS
4. State the volume of the material to be handled.
5. Be signed by the applicant or his authorized agent,
who may be required to submit evidence of such authority.
6. Give such other information as reasonably may be
required by the City Engineer.
C. Plans and Specifications. With each application for a grading
permit and when required by the City Engineer for enforcement of
any provisions of this code, three sets of plans and specifications
shall be submitted. The plans shall be prepared and 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 pro-
posed 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 of land.
5. Location of any existing buildings or structures on the
property where the work is to be performed, and the location of
any buildings or structures on adjacent land which are within
15 feet of the property line.
6. Accurate contours, showing the topography of the existing
ground.
7. Elevation, location, extent and slope of all proposed
grading shown by contours, cross sections or other means and
location of any rock disposal areas, buttress fills or 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 completion 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 supervision or make inspections of 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.
-6-
11.06.050 GRADING PERMIT REQUIREMENTS (cont'dj
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 runoff 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. EngineeringGeological 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. Recommendation included in the report and approved
by tha City Engineer shall be incorporated in the grading plans
or specifications.
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, distribu-
' tion 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 excavation
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 else-
where in this code. There shall be no separate charge for
standard terrace drains arid similar facilities. The amount of
the plan checking fee for grading plans shall be paid to the
City in accordance with this' section:
' a) -250 cubic yards or less $10jOO
• b) 251 to 1000 cubic yards $15.00 -
c) 1001 to 10,000 cubic yards $20.00
d) 10,001 to 10,000 cubic yards - $20.00 for the first
10,000 cubic yards plus $10.00 for each additional
10,000 cubic yards or fraction thereof.
-7-
11.05.050 GRADING PERMIT REQUIREMENTS (cont'd)
e) 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 traction thereof.
f) 200,001 cubic yards or more - $170.00 for the first
200,000 cubic yards, plus $3.00 for each additional
10,000 cubic yards or fraction thereof.
2) Grading Permit Fees. A fee for each grading permit
shal1 be paid" to the City as foilows:
-aj 250 cubic yards or less . .$.10
b) 251 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
1000 cubic 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 cubic 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.
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.
11.06.060 PERMIT LIMITATIONS AND CONDITIONS
A. General Conditions. The issuance of a grading permit shall
constitute an authorization to do only that work which is des-
cribed 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 100 days after the date of issuance of the permit.
The time limit specified may be extended by the City Engineer upon
written request of tiie permittee, owner or surety, if in the discretion
of the City Engineer, good and sufficient cause has been shown.
-8-
11.06.060 PERMIT LIMITATIONS AND CONDITIONS (cont'd)
D. Conditions of Approval. In granting any permit under this
Code,"tFe City Engineer may attach such conditions as may be
reasonably necessary to prevent creation of a nuisance or hazard
to public or private property. Such conditions may include, but
shall not be limited to:
1. Improvement of any existing grading to bring it up 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 cr
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.
F. Special Permit - Agricultural, Stockpile or Road Grading.
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 Engineer may issue a special permit
. . therefor and modify the requirements of this Chapter when he finds:
1. The site of the proposed work has an area of not less
than ten acres.
2. The work will be reasonably safe for the intended use
and will not result in a hazard to adjoining property or existing
structures.
3. Adequate provision will be made for drainage and erosion
control.
G. Export of Earth From or Import of Earth to the Project Site.
Where an excess of five thousand (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:
1. Either water or dust palliative or both must be 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 roadways. The permittee shall be responsible for main-
taining public rights-of-way used for handling purposes in a condition
free of dust, earth, or debris attributed to the grading operation.
2. Loading and transportation of earth from or to the site must
be accomplished between 7 a.m. and sunset, Monday through Friday, or
8 a.m. and sunset on Saturday.
3. Access roads to the premises shall be only at points desig-
nated on the approved grading plan.
-9-
11.06.060 PERMIT LIMITATIONS & CONDITIONS (cont'd)
4. The last fifty (50) feet of the access road, as it
approaches the intersection with the public roadway, shall
have a grade not to exceed three (3) percent. There must be
a three hundred (300) foot clear, unobstructed sight distance
to the intersection from both the public roadway and the access
road. If the three hundred (300) foot sight distance cannot be
obtained, flagmen shall be posted.
5. A stop sign conforming to the requirements of Section
21400 of the California Vehicle Code shall be posted at the
entrance of the access road to the public roadway.
6. An advance warning sign must be posted on the public
roadway four hundred (400) feet on either side of the access
intersection, carrying the words "truck crossing." The sign
shall be diamond in shape, each side being thirty (30) inches
in length, shall have a yellow background, and the letters thereon
shall .be five (5) inches in height. The sign shall be placed
six (6) feet from the edge of the pavement and the base of the
sign shall be five (5) feet above the pavement level. The advance
warning sign shall be covered or removed when the access inter-
section is not in use.
H. Tima of Grading Operations. Grading operations within
one-half 0/2) 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 oper-
ation 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.
11.06.070 DENIAL OF PERMIT
A. Hazards . The City Engineer shall not issue a grading permit
in any case where he finds that the work as proposed by the appli-
cant 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 existi'ng drainage course or be in an area
determined to be subject to geological hazard.
If it can be shown to the satisfaction of the City Engineer that
the hazard can be essentially eliminated by the construction of
retaining structures, buttress fills, drainage devices, or by other
means, the City Engineer may issue the permit with the condition
that such work be performed.
B- J^MJ^l- 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.
-10-
11.06.080 BONDS
A. Bonds Required. 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 pro-
tective 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 pubic moneys; or an
irrevocable instrument of credit from one or more responsible
financial institutions regulated by federal or state government
and pledging that the funds are on deposit and guaranted for
payment on demand by the City.
Exceptions:
1. 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.
2. No bond shall be required when the City Engineer deter-
mines the proposed grading will not adversely affect the subject
property 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 environmental
impact if, for any reason, the proposed project or grading is not
completed.
3. On development where progressive individual grading pro-
jects 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. Conditions: Every bond shall include the conditions 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 consitions 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 sufficient cause, extend the time specified
in the permit, but no such extension shall release the surety upon
the bond.)
-Ti-
ll. 06.080 BONDS (corit'd)
C. Failure to Complete Work. The term of each bond shall
begin upon the date of 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 satis-
faction. The surety executing such bond or deposit shall continue
to be firmly bound under a continuing obligation for the payment
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 or any unused portion thereof shall be refunded to
the permittee.
D. Default in Performance of Conditions. 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.
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. Substitution. 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 for 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
A. Maximum Slope. 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. The City Engineer 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.
-12-
11.06.090 EXCAVATIONS (cont'd)
B- Drainage Terraces Requires. 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
(8) 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 compacted throughout their
full extent 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. - -
Exceptions:
1. Compaction may be less than 90 percent of maximum
density, as determined by the above test, within (six) 6 inches
of the slope surface when such surface material is placed and
compacted by a method acceptable to the City Engineer.
2. Fills not intendend to support structures need not be
compacted 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 invest-
igation 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.
3. 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.
B- Preparation of Ground. The existing ground surface shall be
prepared to receive fill by removing vegetation. Noncomplying fill
or other incompetent material. No compacted fill shall be placed
unless the underlying soil or bedrock has been investigated by the
soil engineer and/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.
-13-
11.06.100 FILLS (cont'd)
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 horizontal to one
vertical.
D- Mil Material. No organic or other reducible material 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 inter-
vals 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 require- .
merits-of Section 11.06.120"
F- Slopes to Receive Fill. Where fill is to be placed 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.
G. Inspection and Testing. The soil engineer shall provide
sufficient inspection during fill placement and compaction oper-
ations 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 compacted 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 1000 square feet of slope surface^
but not less than one test for each 10 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.
-14-
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", "d" and "e" 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 stability 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 such grading,
special precautions shall be incorporated in the work as the City
Engineer deems necessary to protect the adjoining property 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
C. Mechanical or chemical treatment of the fill slope
surface to minimize erosion
D. Provisions for the control of surface waters
, Sile
>,'* Boundary ___
Natural Grade
•~ Interceptor Drain
(as required)
Building
Setback
CUT SLOPS
REQUIRED SETBACKS
H (ltd)
less Ihon 10
10-20
Over 20 «'
o-
2'
H/5
-t- H/IO" h
b
3'
5'
1/1015' min.!'
c
r
H/5
' H/5 (10' man.}
d
31
H/5 (31 Min.)
H/5 (20' mox.)
e
3'
H/5 (31 Min.)
H/10'"
* See Section 7011 for additional requiffftitnts
** 15' maxrmunj
*** 4' minimum, JO* m»ximum
FILL SLOPE-
-15-
11.06.120 DRAINAGE
A. Ge_ne_ral. The drainage structures and devices required by this
Code shaTT~be designed in accordance with recognized principles of
hydraulics.
B- PJJLBPJL?! • All drainage facilities shall he designed to carry
surface wafers to the nearest practical street, storm drain, or
natural watercourse approved by theCity Engineer or other appropri-
ate governmental agency as a safe place to deposit such waters. If
the drainage device discharges 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 two 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 four 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 paved for a width of eight feet
provided such pavement provides a paved channel at least one-foot in
in depth. Downdrains or 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.
11.06.130 PLANTING OF SLOPES
A. Planting. The surface of all cut slopes more than five feet
in height and fill slopes more than three feet in height shall be
protected against damage by erosion by planting with grass or
ground cover plants. Slopes exceeding 15 feet in vertical height
shall also be planted with shrubs, spaced at not to exceed 10 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. The plants selected
-16-
11.06.130 PLANTING OF SLOPES (cont'd)
and planting methods used shall be suitable for the soil and
climatic conditions 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.
Planting need not be provided for cut slopes rocky in char-
acter 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
functional 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.
The requirements for permanent irrigation systems may be
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
maintenance of the slope planting.
C. Release of Bond. The planting and irrigation systems,
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.
11.06.140 STORM DAMAGE PRECAUTIONS
No grading permit shall be issued for work to be commenced
between October 1 of any year and April 15 of the following year,
unless the plans for such .work include details of protective mea-
sures, 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.
-17-
11.06.140 STORM DAMAGE PRECAUTIONS (cont'd)
If grading is begun prior to November 1, all protective
measures shall be installed prior to November 1. If grading is
begun on or after November 1, all protective measures shall be
installed before grading is begun. All protect!va measures shall
be maintained in good working order until April 15 of the succeed-
ing year, where grading is done between November 1 and December 31,
or until April 15 of the same year where grading is done between
January 1 and April 15, unless their removal at an earlier date
is approved by the City Engineer.
ll.'OG.lSO STORM DAMAGE PRECAUTIONS - INCOMPLETE WORK
Where a grading permit is issued and 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 installation of the permanent drainage devices as authorized
by the permit will not be completed prior to November 1, 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 to protect adjoin-
ing 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 EROSION CONTROL FOR COASTAL ZONE
A- General. Within the Coastal Zone portions of the watersheds
of the Buena Vista Lagoon, Agua Hcdionda Lagoon and Batiquitos
Lagoon all development shall be designed and constructed to limit
the increased potential for erosion and for peak runoff from a
-18-
11.06.170 EROSION CONTROL FOR COASTAL ZONE (cont'd)
Once-in-five-year frequency storm, during construction and after
completion of the development, to less than 15 percent greater
than the existing potential for erosion at the site.
B- Slope Limitations. Developments shall not be allowed to
substantially disturb vegetation or soil on hillsides with a
slope greater than 25 percent.
C. Borids_. All permittees shall post a construction bond or cash
cash"deposit acceptable to the City Engineer of sufficient value
to cover the costs of removing any sediment deposited in a lagoon
or public right-of-way as a result of the development, and any
damages which may have occurred.
D. Grading Season. For all slopes over 10 percent, the season
for all grading, filling, clearing of vegetation or soil disturb-
ance shall be limited to May 1 through October 1 of each year.
Construction may continue during the October 1 through May 1 period
on completed and stabilized sites, provided that such construction
does not include grading activities. For single-family dwellings
in completed subdivisions, minor grading for the purposes of
completing driveways, sidewalks and yard landscaping may be spec-
ifically exempted from the requirements of this guideline.
£• Erosion Prevention Plan. Applicants for permits shall be
required to submit an "Erosion Prevention Plan", as described in
Section 11.06,180, except for those projects which comply with the
specific restrictions established in Section 11.06.190 or except
as provided below in Paragraph F. The Erosion Prevention Plan
shall be reviewed and approved by the City Engineer.
F. Application. These erosion control guidelines shall only
apply to those developments where more than 5,000 sq. ft. of ground
surface will be disturbed by grading, excavation, fill, or removal
of vegetation, and where grading in excess of 1,000 cubic yards
will be necessary.
11.06.180 EROSION PREVENTION PLAN
Applicants for a grading permit shall submit an erosion
prevention plan, except as provided for in Section 11.06.190 to
demonstrate that the proposed project will not increase erosion or
runoff beyond the limits specified in Section 11.06.170. An
erosion prevention plan is to be prepared by a registered civil
engineer licensed to practice in the State of California. The plan
shall compare the annual erosion potential and runoff from a rain-
fall of an intensity expected to occur every five years during
and after construction with the potential for erosion and runoff
during existing conditions. Comparisons of erosion and runoff
potential shall be made in a similar manner using the Universal
Soil Loss Equation and site specific information.
-19-
11.06.180 EROSION PREVENTION PLAN (cont'd)
An erosion prevention plan shall include the following:
A. Maps showing the exisiting and proposed topography and
drainage patterns, existing vegetation, temporary vege-
tation during construction and permanent vegetation.
B. Information on the type and erosion characteristics of
surface soils.
C. A description of construction activities, the time of
year grading will be performed, the length of time
disturbed soils will be without vegetation, and the
degree of compaction of any fills.
D. A description of erosion control measures to be taken
that will assure that the erosion potential does not
exceed that allowed by Section 11.06.130 including, but
not limited to use of check dams, temporary revegetation,
restrictions on actions during the rainy season, runoff
control and.sediment traps.
E. Computations using the Universal Soil Loss Equation that
demonstrates the erosion potential before, during and
. after construction.
F.- An evaluation of runoff and description of runoff control
measures to be taken that will assure that runoff does not
exceed that allowed by the policy.
G. An evaluation of the effect of runoff from the development
between the development and downstream lagoon. Any
increase in erosion caused by increased volume or velocity
of runoff shall be considered as part of the erosion from
the development site.
H. A delineation of those areas to remain undisturbed during
construction and measures to protect such areas from traffic.
I. Plans for preparing disturbed areas for planting and irri-
gation.
t
11.06.190 PROJECTS NOT SUBMITTING AN EROSION PREVENTION PLAN
Projects may be authorized without preparation of an erosion
prevention plan if the following conditions are met:
A- Soil Disturbance. All soils disturbed during tha construct-
ion season shall be" stabilized within 14 days of the initial
disturbance and prior to October 1. Temporarily stabilized areas
of over 10 percent slope shall remain undisturbed between October 1
and May 1. Areas which are to remain undisturbed are to be clearly
delineated on construction drawings and shall be protected from
•20-
11.06.190 PROJECTS NOT SUBMITTING AM EROSION PREVENTION PLAN (cont'd)
disturbance including disturbance caused by driving or parking
vehicles during construction. During construction, all top soil
shall be stockpiled and stabilized.
B- Cut and Fill Slopes. All slopes resulting from cuts and
fills shall be no more than two horizontal to one vertical in
slope, and where possible, no cut or fill slope should be more
than 10 feet in vertical height. Any cut or fill slope over ten
feet in height shall be stepped, with terraces two times as wide
as the height of the individual steps. All cut and fill slopes,
including terraces, shall be protected from sheet runoff through
lined brow ditches or other suitable means of intercepting runoff.
Terraces shall be sloped at less than three percent. Runoff from
brow ditches and terraces shall be intercepted and transferred
with non-erosive devices.
c- Planting. All cut and fill slopes shall be stabilized
through planting of native annual grasses and shrubs or appro-
priate non-native plants valuable for erosion protection. Prior
to planting ground covers, soil surfaces shall be prepared by
replacing stockpiled topsoil and the placement of not less then two
tons/acre of suitable rnulch. Ground covers shall be established
by using no less than 15 Ibs./acre of suitable annual seed and
no less than 100 Ibs./acre of slow release fertilizer in addition
to stockpiled surface soil and mulch. Those soil areas disturbed
by grading which are not cut and fill slopes shall be stabilized
in a similar manner, except where it can be demonstrated by a
licensed landscape architect that extensive mulching is not re-
quired to establish a temporary covering of annual plants.
D- Irrigation. All slopes and disturbed areas shall be provided
with an irrigation system which shall be used by the applicant to
promote the growth of plants to protect the slopes against erosion.
Cut and fill slopes shall be provided with a permanent irrigation
system unless a licensed landscape architect demonstrates that
permanent slope protection vegetation can be established with a
temporary irrigation system. All other areas should be provided
with a temporary irrigation system adequate to establish an
appropriate growth of annual plants. The permittee shall be
responsible for the installation and maintenance of the irrigation
system unless a local government agrees to maintain the system.
The irrigation system shall provide uniform coverage for the slope
area at a rate of not less than 0.03 inches per hour, nor greater
than 0.15 inches per hour.
-21-
11.06.200 GRADING INSPECTION AND SUPERVISION
A. Supervised 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
supervision of a civil engineer and shall be designated "supervised
grading." Grading other than supervised 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 witn the requirements
of this Code:
1. Initial. When the site has been cleared of vegetation
and unapproved fills and scarified, benched or otherwise prepared
and before any fill is placed.
2. Rough. When the grading has been completed and approx-
imate final elevations have been established; drainage terraces,
swales and other drainage devices graded ready for paving; and
berms installed at the top of slopes.
3. Pinal. When grading has been completed; all drainage
devices installed; slope planting established and irrigation
systems installed.
In addition to the called inspections specified above, the'
City Engineer may make such other inspections as he may deem
pliance with the requirements of this Code. Investigations and
reports by an approved soil testing agency and/or geologist may
be required.
C. Supervised Grading Requirements. It shall be the respons-
ibility of the supervising grading engineer to supervise 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 and/or geologist, and
the requirements of this Code. He shall submit periodic progress
reports as required by the Gity 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.
The City Engineer may require sufficient inspections by the.
geologist to assure that all geological conditions have been ade-
quately considered and recommended corrective measures incorpor-
ated in the work.
-22-
11.06.200 GRADING INSPECTION AMD SUPERVISION (conl'd)
All necessary reports, compaction data and soils engineering or
engineering geological recommendations made during the grading
operation shall be submitted to the City Engineer by the Supervising
Grading Engineer.
D. Requirements Prior to Bond Release
1• Private Engineer - The Private Engineer shall be respons-
ible 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.
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.
2- Soil Engineer - The Soil Engineer shall be responsible for
the testing of compaction and determination of stability of the various
slopes. He shall, prior to the release of the Bond and Surety, pro--
vide a written statement that inspections and tests were made by him,
or under his supervision,and that in his professional opinion, all
embankments have been compacted to City standards and in accordance
with the Earthwork Specifications for the project.
3. Landscape Architect. - All landscaping; work shall 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.
4. Prior to the 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 embank-
ments and cut slopes and pad sizing are as shown on the approved plans.
The Soils Engineer will submit a statement that all embankments,
under his direction, have been completed to an indicated 90 percent
relative density.
-23-
11.C6.200 GRADING INSPECTION AND SUPERVISION (cont'd)
£• Notification of Noncompllance. If, in the course of full fill-
ing his responsibility under this Chapter, the supervising grading^
engineer or soils engineer finds that the work is noc 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 chargs of the grading work and the
City Engineer within 48 hours from the time of such termination
together with a report on the status of the work at his last inspect-
ion. The work shall be stopped until the replacement has agreed to
accept the responsibility within the area of his technical competence
for verification upon completion of the work.
G. 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.
11.06.210 RESPONSIBILITY OF PERMITTEE • •
A. Compliance with Plans and Code. The permittee, his agent,
contractor or employee," shall carry out the proposed work in accord-
ance with the approved plans and specifications and in compliance
with all the requirements of this code.
B. Inspections. In performing regular grading it shall be the
responsibility of the permittee to notify.the City Engineer at least
one working day in advance so that the inspections required by
Section 11.06.200 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 tc the 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 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, arid deposition of mud or debris originating from the site.
-24-
11.06.220 REPORTS REQUIRED
A. General. The City Engineer may require the following reports:
1. A final report by the Supervising Grading Engineer 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 tha approved plans and the requirements
of this Code. A final contour map shall be submitted unless the work
has been completed in close agreement with the approved plans.
2. A report by the soils engineer which shall include the recom-
mended soil bearing capacity, a statement as to the expansive qual-
ities of the soil, and summaries of field and laboratory tests. The
location 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 appro-
val 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.
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.
11.06.230 APPEALS
An applicant may appeal 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 tha appeal.
Appeals shall be filed with the City Clerk.
11.06.240 VIOLATIONS
Any grading commenced, or done contrary to the provisions of
this chapter, shall be, and the same is hereby declared to be,
unlawful and a public nuisance. Upon order of the City Council, the
City Attorney shall commence ncessary proceedings for the abatement,
removal and/or enjoinment of any such public nuisance ir. the manner
provided by law. Any failure, refusal, or neglect to obtain a permit
as required by this chapter shall be prime 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.
In the event that land development work is commenced without a
land development 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 perform-
ance of the work. Such fee shall not be construed to be a penalty,
but shall be construed as an added fee required to defray the expense
of enforcement of the provisions of this chapter in such cases.