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HomeMy WebLinkAbout1980-06-17; City Council; 6197-1; Proposed Grading OrdinanceCITY OF CARLSBAD initial AGENDA BILL NO. 6197 - Supplement No. 1 Dept. DATE: June 17, 1980 . c. Atty DEPARTMENT: Engineering C< Mgr' SUBJECT: PROPOSED GRADING ORDINANCE STATEMENT OF THE MATTER On April 22, 1980, the City Council held a workshop session on a new grading ordinance. As a result of the workshop, the Council offered suggestions for strengthening the proposed documents. EXHIBITS 1. Staff Report 2. Grading Ordinance RECOMMENDATION Direct City Attorney to prepare an ordinance, and schedule a workshop session on , to review and di'scuss a Hillside Grading Ordinance. Council Action 6-17-80: Council directed the City Attorney to prepare an ordinance and staff to schedule a workshop meeting to discuss a separate Hillside Grading Ordinance. MEMORANDUM - June 5, 1980 TO: City Council FROM: City Engineer SUBJECT: PROPOSED GRADING ORDINANCE At their workshop session on April 22, 1980, the City Council heard a presentation on a new grading ordinance. At the close of the presentation, the Council made the following determinations: 1. That staff should relook at the minimum volume of excavation which can be undertaken without a permit. 2. That staff should reconsider the setback requirements taking into consideration ocean bluffs and existing geological formations. 3- That staff should report back on a hillside protection ordinance. k. That wording restricting the removal of vegetation without a permit should be added to the ordinance. In response to Council comments, I would propose the following: Volume of Excavation or Fill. Substitute the following for 11.06.030 G,H and I: An excavation on any site, or contiguous sites, held under 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 portion 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 fill within the building envelope does not apply toward this maximum volume). A fill on any site or contiguous sites held under one ownership in which all of the following are found to exist: (1) None of the fill exceeds three feet in vertical height; (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. The wording is borrowed from the City of San Diego Code and defines much more clearly the minimum volumes which may be excavated or filled without a permit. -2- PROPOSED GRADING ORDINANCE Removal of Vegetation. Add an additional paragraph to Section 11.06.030 as follows: Clearing and grubbing of vegetation which must be done in connection with land development is an integral part of the total work covered by the discretionary approval. Any person desiring to do land devel- opment 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 roots3 etc.3 from land; and the clearing or breaking up of the surface of land by digging. Hillside Ordinance. Attached is a draft of a Hillside Grading Ordinance which may be considered by the Council apart from the Grading Ordinance. The Hillside Ordinance should probably be set for a workshop session. Beach Bluff Setbacks. The question of setbacks from beach bluffs turned out to be very difficult. Contact with the Coastal Commission led to two additional sources of standards. One source is the San Diego County Shore- line Overlay Policy which will shortly be ready for public hearing. The other source is Mr. Gerald Kuhn and his bluff "recession" studies. There is nothing which is easily adaptable to our grading ordinance. Since the setbacks described in the ordinance deal with new grading and not necessary location of buildings adjacent to existing geological formations, perhaps the bluff setback issue should be dealt with separately. I suggest that a copy of the proposed County Shoreline Policy be obtained, studied and discussed at a Council workshop. In addition to the previous suggestions, Mr. Bob Ladwig of Rick Engineering has made some suggestions on Section 11.06.200 which deals with Supervision of Grading. Mr. Ladwig proposes that the term "supervised grading" be changed to "controlled grading" and that the grading engineer "observe" the grading rather than "supervise" it. The suggestions have been incorporated. Also, at the suggestion of Mr. Ladwig, Section 11.06.170, paragraph D—Grading Season has been revised to April 15 to November 15, rather than May 1 to October 1. Les Evans LE:mmt 6/5/80 Attachment: Hillside Grading Ordinance Draft -1- CHAPTER 11.06 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-compliance 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- T!.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 and 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 special 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 fol1ows: 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). GRADING ENGINEER shall mean the civil engineer responsible for the observation 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. -4- 11.06.030 PERMITS REQUIRED (cont'd) F. Exploratory excavations under the direction of soil engineers or engineering geologists. 6. An excavation on any site, or contiguous sites, held under 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 portion 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 of fill 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: 1. None of the fill exceeds three feet in vertical height; 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. I. 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. J. Clearing and grubbing of vegetation which must be done in connection with land development is an integral part of the total work covered by the discretionary approval. Any person desiring to do land development work shall not undertake clearing and grub- bing 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. -5- 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 fullfill 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 Grading. 3. Be accompanied by plans, specifications and calculations as may be required by Subsection (c) of this Section. -6- 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 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. -7- 11.06.050 GRADING PERMIT REQUIREMENTS (cont'd) 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. Engineering Geological 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 the 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 and similar facilities. The amount of the plan checking fee for grading plans shall be paid to the . 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 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. -8- 11.06.050 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 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 shall be paid to the City as follows: 'a j 100 cubic yards or less . . . . . . . . . . ; $.10 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 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 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 permittee, owner or surety, if in the discretion of the City Engineer, good and sufficient cause has been shown. -9- 11.06.060 PERMIT LIMITATIONS AND CONDITIONS (cont'd) 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. 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 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. 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. -lO- ll.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. Time of Grading Operations. Grading operations within one-half (T/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 existing 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. 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- 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.) -12- 11.06.080 BONDS (cont'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 onevertical if he finds it necessary for stability and safety. -13- 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 Dl557-70. 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. -14- 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. Fill 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-. ments 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 eachtwo-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. -15- Vl.06.no 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 off site 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 Sire NATURAL GRADE • INTERCEPTOR (A3 REQUIRED) BulLOtHS SETBACK •^P b FOUNDATION SETBACK I cur SLOPE REQUIRED SETBACKS H (FBET)a' LESS THAN IO Z'3'~Z'3' H/5 H/S( 3'MIN.) H/B(3" MINjIQ-ZO H/5 4+ H/IO* * IS1 MAXIMUM ** 4' MINIMUM, IO'MAXIMUM FILL SLOPS F'GURE NO. 70-A -16- . 06. 120 DRAINAGE A. General . The drainage structures and devices required by this Code shall be designed in accordance with recognized principles of hydraulics. B. Disposal . All drainage facilities shall be designed to carry surface waters 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 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"/flO 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. IT. 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 -17- 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 November 16 of any year and April 14 of the followina 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. -18- 11.06.140 STORM DAMAGE PRECAUTIONS'-(cont-'d) If grading is begun prior to November 16, all protective measures shall be installed prior to November 16. If grading is begun 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 succeed- ing year, where grading is done between Novemberl6 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 grading permit is issued and the work is commenced after Apri.l 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 Hedionda Lagoon and Batiquitos Lagoon all development shall be designed and constructed to limit the increased potential for erosion and for peak runoff from a -19- 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. Bonds. 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 April 15 through November 15 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. .E. 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. -20- 11.06.180 EROSION PREVENTION PLAN (cont'd) An erosion prevention plan shall include the following: A. Maps showing the exisittng 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. 6. 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. 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 the 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 -21- 11.06.190 PROJECTS NOT SUBMITTING AN 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 mulch. 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. -22- 11.06.200 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 exis-t shall be performed under the observation of a civil engineer and shall be designated "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: « 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. Final. 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 in com- pliance with the requirements of this Code. Investigations and reports by an approved soil testing agency and/or geologist may be required. C. Controlled Grading Requirements. It shall be the respons- ibility 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 and/or 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. 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. -23- 11.06.200 GRADING INSPECTION AND SUPERVISION (cont'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 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 ins'ure 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 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. 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. -24- 11.06.200 GRADING INSPECTION AND SUPERVISION (cont'd) E. Notification of Noncompliance. 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 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. F. 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 to 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 al1 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. -25- 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 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 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 the 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 in 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.