Ord 77 AN ORDINANCE OF THE CITY OF POg~Y CALIFORNIA
ESTABLISHING RULES AND RMGULATIONS FOR
GRADING WITHIN THE CITY OF POW~Y
REPLACING CHAPTERS 1 THROUGH 6 OF
DIVISION 7 OF TITLE 8,
S~CTIONS 87.101 THROUGH 87.606
OF THE COUNTY RMGULATORY CRDINANCES ADOPTED BY REFERENCE
THE CITY COUNCIL OF THE CITY OF POk%Y DOES HEREBY CRDAIN AS FOLLfB~:
Section 1: That Exhibit "A" attached hereto, consisting of Sections
87.101 through 87.603, is hereby approved and adopted as the Pow~y Grading
Ordinance.
Section 2: That this ordinance shall be codified.
Section 3: Effective Date. The provisions of this ordinance shall
apply to all grading projects and plans which as of the effective date hereof,
are not covered by a valid grading permit. This ordinance shall take effect and
be in force on the thirtieth (30th) day frcm and after its final passage.
Section 4: The City Clerk of the City of Poway is hereby authorized to
use stat,.~ry publication procedures pursuant to Government Code Section 36933
utilizing the Poway News-Chieftain, a newspaper of general circulation published
in the City of Po~ay.
Introduced and first read at at regular meeting of the City Council of the
City of Poway hald the 23rd day of November, 1982, and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held the 30th day of November,
1982, by the following roll call vote:
AYES:
NOES:
ABSENT:
~Y, ORAVEC, TARZY, SHEPARDSON
NONE
ERUSE
Marjori~. Walsten, City Clerk
C~AFr~ 1
PROVISIONS AND DEFINITIONS
Sec. 87.101. This ordinance shall be known as the "Grading Ordinance of
the City of Poway."
Sec. 87.102. PURPOSE. The purpose of the Grading Ordinance is to
establish an official set of s~an~rds regulating the design and construction of
building sites and the development of property by grading; to regulate the
alteration of the ground surface to protect and preserve the public health,
safety, and general welfare; to surface to protect and preserve the public
health, safety, and general welfare; to minimize differential settlement,
slipping or sliding of earth; to protect adjacent properties from damage caused
by blockage, diversion, or channeling of natural run off waters; to require
engineering and geologial analysis of soil conditions; to provide erosion
control and proper drainage; to provide a basis for the design of footings,
floor slabs and structures to be erected on parcels of land whose natural
topography has been altered; to establish an administrative procedure for
issuance of permits; to provide for approval of plans and inspection of grading
construction; and to provide for the enforcement of the requirements contained
herein.
Sec. 87.103. OTHER PERMITS R~QUIRED. Nothing in this grading code shall
preclude the inclusion in any use permit, subdivision approval, variance,
waiver, review or other approval issued or approved pursuant to the City Zoning
ordinance or review or other approval issued or approved purs,~ant to the City
zoning ordinance or any other City Ordinance of any condition, provision, or
requirement concerning the grading of land. Nothing in this grading ~ode shall
preclude the requirement for the owner or applicant to obtain any other permit
or approval required by law from any other public or private party, or agency.
Sec . 87 . 104 . DEFINITIONS .
a. APPROVAL shall re=an a written professional opinion by the responsible
principal of record concerning the satisfactory progress and completion of the
w~rk under his purview unless it specifically refers to the City Engineer.
b. APPROVED PLANS shall me~n the most current grading plans which bear the
signature or stamp of approval of the City Engineer.
c. APPRO¥~u TESTING ~ENCY shall m~an a facility which spends the majority
of its time in the field of applied soil mechanics and foundation engineering;
which is equipped to perform and certify the tests and procedures required
herein; and which operations are conducted under the responsible supervision of
a registered civil engineer.
Ordinance No. 77
Page 2
d. AS-GRADED shall mean the surface configuration upon c<mpletion of
grading.
e. BEDROCK shall m~n in-place solid rock.
f. RRNCH shall me~_n a relatively level step excavated into earth material
on which fill is to be placed.
g. BCRROW shall mean earth material acquired frc~ an off-site location for
use in grading on a site.
h. CITY ~IGIN~RR shall mean the City Engineer of the City of Poway or his
duly authorized representatives.
i. CIVIL ENGI~ shall mean a professional engineer registered in the
State of California to practice in the field of civil engineering.
j. CIVIL ENGINRRR1/qG shall mean the application of the knowledge of the
forces of nature, principles of mechanics, and the properties of materials to
evaluation, design, and construction of civil works for the beneficial uses of
mankind.
k. ~.PARING, ~RUSHING, AND ~UBBING shall mean the removal of v~getation
(grass, brush, trees, and similar plant type~) by mechanical means.
1. COMPACTION shall mean the densification of a fill by m~chanical or
other acceptable means.
m. EARTH MATERIAL shall mean any rock, natural soil, or fill, and/or any
combination thereof.
n. 5NGIN~RRING GEOLOGIC REPORT shall ~ a report prepared under the
supervision of an engineering geologist providing a geologic map of a site,
information on geologic measurements and exploration performed on the site and
surrounding area and, providing recommendation for remedial measures necessary
to provide a geologically stable site for its intended use.
o. ~IGINERRING GEOLOGIST shall mean a geologist certified by the State of
California to practice engineering geology.
p. ENG~ING GEOLOGY shall mean the application of geologic knowledge
and principles in the investigation and evaluation of naturally occurring rock
and soil for use in the design of civil work.
q. ~OSION shall mean the process by which the ground surface is worn away
as a result of the movement of wind or water.
Ordinance No. 77
Page 3
r. EROSION (DONTROL SYSTEM shall mean any combination of desilting facili-
ties, retarding basins, and erosion protection, including effective planting and
the maintenance thereof, to protect adjacent private property, ~tercourses,
public facilities, and receiving ~ters frcm the deposition of sediment or dust.
s. EXCAVATION shall mean any act by which soil, sand, gravel, or rock is
cut into, dug, ~rried, uncovered, r~oved, or relocated, and shall include the
conditions resulting therefrcm.
t. FAULT shall mean a fracture in the earth's crust along which movement
has occurred. A FAULT is considered active if movement has occurred within the
+ 11,000 years (Holocene geologic time. )
u. FII.L OR EMBANKMENT shall m~an a deposit of soil, sand, gravel, rock, or
other material placed by artificial means.
v. GEOHYDROLOGY shall m~an all groundwater, information, ~11 development
requir~ents, and seepage evaluations, appropriate to site development.
w. GEOT~CHNICAL REPORT shall ~ a report which contains all appropriate
soil engineering, geologic, geohydrologic, and seismic information, evaluation,
reccmmlendations, and findings. This type re~ort combines both engineering
geology and soil engineering re~orts.
x. ~{ADE shall mean the vertical elevation of the ground surface.
NATURAL GRADE ( CR NA%T~RAL ROUND) shall mean the ground surface
unaltered by articifial means.
EXISTING G~ADE shall mean the ground surface prior to grading.
ROUGH ~{ADE shall m~n the stage at which the grade approximately
conforms to the approved plan.
FINISH GRADE shall mean the final grade of the site which conforms
to the approved plan.
y. (~DING is any process of excavation or filling or combination thereof.
z. (~ADING (3DNTRACi~R shall mean a contractor licensed and regulated by
the State of California who specializes in grading work or is otherwise licensed
to do grading work.
aa. ~3IDRLrNES AND SPECIFICATIONS OF IANDSCAPE DEVELOPmenT shall mean a
guideline containing information concerning the design, installation, and main-
tenance of landscape and irrigation systems, as adopted by the City Council by
resolution.
bb. KEY shall ~n a designed compacted fill placed in a trench excavated
in ~rth material beneath the toe of a proposed fill slope.
Ordinance No. 77
Page 4
cc. ~EY~AY shall mean an excavated trench into ccmpetent ~rth material
beneath the toe of a proposed fill slope.
dd. LANDSCAPE ARCHITECT shall mean a landscape architect registered by the
State of California.
ee. LANDSLIDE shall m~an the downward and outward movement of soil, sand,
gravel, rock, or fill or a cc~bination thereof.
ff. ~ shall mean any person, agency, firm, or corporation having a
legal, possessory or equitable interest in a given real property.
gg. Pf~RMITTEE shall mean any person or owner to whom a permit is issued
purs~]mnt to this code.
hh. PRECISE ~RADING PERMIT shall m~n a permit that is issued on the basis
of approved plans which show the precise locations of structures, finish eleva-
tions, drainage details, and all on-site improvements on a given property.
ii. PBF/.IMINARY GRADING PERMIT shall mean a permit that is issued on the
basis of approved plans which show finished elevations, interim building pad
elevations and drainage to the degree required by the City Engineer.
jj. REFERENCES. Unless indicated otherwise, references in this code to
civil engineer, soil engineer, geologist, landscape architect, and engineering
geologist refer to the professional person(s) preparing, signing, or approving
the project plans and specifications which comprise the approved grading or
landscape-irrigation plan, or his successor appearing pursuant to section
87.315.
kk. RETAINING ~l~Lr. shall mean a ~all designed to resist the lateral displa-
cement of soil or other materials.
11. SITE shall m~an any lot or parcel of land or contiguous lots or par-
cels, or combination thereof, where grading is performed or permitted.
.,~,. SLOPE shall m~an an inclined ground surface of a fill, excavation, or
natural terrain, the inclination of which is expressed as a ratio of horizontal
distance to vertical distance.
nn. SLOPE STABILITY:
(~OSS STABILITY shall mean the factor of safety against failure of slope
mterial located below a surface approximately 3 to 4 feet ~cp, measured
from and perpendicular to the slope face.
Ordinance No. 77
Page 5
SURFICIAL STABILITY shall mean the factor of safety against failure of the
outer 3 to 4 feet of slope material measured from and perpendicular to the
slope face.
oo. SOIL shall m~an earth material of whatever origin, overlying bedrock,
and may include the decomposed zone of bedrock which can be readily excavated by
mechanical equipment.
pp. SOIL f~GINRRR shall mean a civil engineer duly registered in the State
of California, who:
(a)
is engaged in the practice of civil engineering and spends a majority
of his time in the field of applied soil m-=chanics and foundation
engineering;
(b) has at least four years of responsible practical experience in the
field of applied soil mechanics;
(c) has access to an adequately equipped soils testing laboratory.
qq. SOIL f~GINRRRING shall m~an the application of the principles of soil
mechanics in the investigation, evaluation, and design of civil works involving
the use of ~rth materials and the inspection and testing of the construction
thereof.
rr. SOILR ENG~i/gG REPCRT, a report prepared under the responsible
supervision of a soils engineer which includes:
(a)
preliminary information concerning engineering, properties of soil
and rock on a site prior to grading, describing locations of these
mterials and providing reccmlnendations for preparation of the
site for its intended use;
(b)
grading report including information on site preparation, compac-
tion of fills placed, providing recoamlendations for structural
design and approving the site for its intended use.
ss. STOCKPILE shall mean a temporary, uncc~pacted fill or e~h~nkraent placed
by artificial means, which is designated or intended to be moved, or relocated
at a later date.
tt. SUITABLE MATERIAL shall be any soil or earth material which, under the
criteria of this ordinance or under the criteria of an approved geotechnical
report, is suitable for use as fill or for any other intended purpose.
Ordinance No. 77
Page 6
uu. SULFATE (SO4) shall mean a chemical c~md occurring in soil or
water, which in concentration has a corrosive effect on ordinary portland cement
concrete and some metals.
vv. Tp~RACE shall mean a relatively level step constructed in the face of a
graded slope surface for drainage and maintenance purposes.
xx. UNIFORM BUILDING CODE (U.B.C.) shall be the latest edition of the UBC
adopted by the City of Po~ay, published by the International Conference of
Building Officials.
yy. UNSUIT~RL~. MATERIAL shall be any soil or earth mterial having proper-
ties or characteristics which, under the criteria of this ordinance or under the
criteria contained in any approved geotechnical report, make it unsuitable for
use as fill or for any other intended use. These properties or characteristics
include but are not limited to: organic content of the material exceeds three
(3%) percent; rock diameters exceeding eight (8) inches, the presence of
concrete or asphalt, or the presence of expansive soils within four (4) feet of
finish grade of any area intended or designed as a location for a building.
Ordinance No. 77
Page 7
CHAPTER 2
S~CTION 87.201 - PH~VlITS P~QUIRED
Sec. 87.201.1 PERMITS R~QUIRED - EXCEPTIONS: No person sb~ll conduct any
grading, excavation, earth moving, filling, clearing., brushing, or grubbing on
natural or existing grade, or perform w~rk that is preparatory to grading,
without first having obtained a valid grading permit in accordance with this
Article, except for the following:
(a)
An excavation below finished grade for bas~nts and footings for
a building, mobile home, retaining ~kll, septic system, or other
structure authorized by a valid building permit or excavation per-
mit. This shall not exempt any fill made with the material from
such excavation or exen~t any excavation having an unsupported
height greater than five (5) feet after the completion of such
structure, or an unsupported excavation with vertical banks more
than two (2) feet high. This shall not prohibit a minim~ fee
grading permit or soil or geologic report fr~n being required for
foundation design and inspection purposes when, in the opinion of
the City Enginccr, stability considerations v~rrant such inspec-
tion.
(b) C~netery graves.
(c) Refuse disposal sites controlled by other regulations or agencies.
(d)
Earthwork or construction controlled by the Federal, State,
County, or City governments, or by an local agency as defined by
Government Code Sections 53090 through 53095 (special districts);
pipeline or conduit excavation and backfill conducted by local
agencies or public utilities. This exemption, however, shall
apply only when the earthwork construction takes place on the pro-
perty, or dedicated rights-of-my or easements of the above agen-
cies.
(e)
Excavation and backfill for installation of underground utilities
by public utilities or c(mpanies operating under the authority of
a franchise or public property encroachment permit.
(f)
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 pressures upon any adjacent
or contiguous property, or alter the orientation of natural ~ter
courses which may result in adverse changes on adjoining property.
Ordinance No. 77
Page 8
(g)
Exploratory excavations under the direction of soil engineers,
archaeologists or paleontologists, engineering geologists, pro
vided all excavations are properly backfilled or otherwise
restored.
(h)
An excavation ~hich does not exccc~ fifty (50) cubic yards on any
one site and which [a] is less than two (2) feet in vertical
depth, or [b] which does not create a cut slope greater than five
(5) feet in vertical height and steeper than two horizontal to
one vertical (2:1) and does not adversely affect the stability of
any existing slopes or alter drainage conditions.
(i)
A fill less than one (1) foot in depth, placed on natural grade
with a slope flatter than five horizontal to one vertical (5:1),
which does not ex~ fifty (50) cubic yards on any one lot and
does not obstruct a drainage course.
(j)
A fill less than three (3) feet in depth, not intended to support
structures or mobile hemes, ~hich does not exceed fifty (50) cubic
yards on any one lot and does not obstruct a drainage course.
(k)
Except within any identified Resource Conservation Area, or when
determined otherwise by the City Engineer, clearing, brushing, and
minor grading for agricultural or livestock purposes provided all
excavated material is placed on the same site and such operations
do not affect the latereal support or increase the stresses in or
pressures on any contigous property, or block or divert any
natural ~ater courses, or result in dumping of organic or bazar
dous ~ste, or cause unreasonable downstream siltation. This
grading includes, hut is not limited to, contour grading to pro
vide for orchard planting, minor leveling not excc~ing three (3)
vertical feet of either excavation or fill for row crops,
installation of irrigation systems, and stockpiling of fertilizer
or other amendments.
Sec. 87.201.2 PROHIBITED PERMITS. No person shall grade upon nor shall
any permit he issued for grading upon natural or existing grade which exceeds a
slope of 50% (2 horizontal to 1 vertical) unless such grading is required to
mitigate a geologic hazard to adjacent grade, or is required for the construc-
tion of necessary access or fire roads, all as approved by the City Engineer.
Sec. 87.202 PERMIT R~QUIPd~. Except as exempted above, no person shall
do any grading nor shall an owner allow any grading on his property unless the
person or owner b~-~ a valid grading permit of the type described in Sec. 87.203,
issued by the City Engineer authorizing such grading. An owner is presumed to
have allowed grading which b~s been done on property occupied by him or is under
his dominion and control. This presumption is a presumption affecting the bur-
den of producing evidence. A separate grading permit shall be required for each
site. A grading permit may authorize both excavations and fills.
Ordinance No. 77
Ps&3e 9
Further, it shall be unlawful for any person to stockpile, deposit, or allow
the placement, construction, or deposition of embankment material on any real
property in excess of fifty (50) cubic yards without first obtaining a grading
permit, hereinafter described, and without the subsequent processing of said
embankment material u~til a relative c~¥~action of ninety (90%) percent of maxi-
mum density compaction has ~n achieved, unless part of an approved Stockpile
Grading Plan.
Sec. 87. 203 TYPES OF GRADING PERMITS.
a. A Preliminary Grading Permit or a Precise Grading Permit may be issued
for grading work, upon completion of a proper application, sukmittal of other
required data, and review and approval of grading plans by the City Engineer.
b. A Stockpile Grading Permit ~sy be issued for the temporary stockpile of
materials, provided the materials shall be removed frcm the stockpile site, or
compacted and ~Drked thereon under a subsequently issued Preliminary or Precise
Grading Permit within six (6) months of the iss,~ance of the Stockpile Grading
Permit, and provided further that the stockpile ~eterial is graded and placed
such that unreasonable erosion will not occur. A grading plan shall be required
for Stockpile Grading Permit, and a cash deposit or other security may be
required by the City Engineer to issue proper erosion control and cleanup, and
removal of the stockpile.
c. An Agricultural Grading Permit and plan may be required by the City
Engineer when Agricultural grading, as hereinbefore defined, is intended to be
done within any identified Resource Conservation Area, or when in his opinion,
the agricultrual grading has ~n determined to present a hazard to any
adjoining or downstream public or private property, may cause siltation or ero-
sion, or violates any provision of this ordinance.
In such cases, the City Engineer may require any or all of the following
prior to the approval and issuance of an agricultural grading permit: a) sub-
mittal of satisfactory evidence that the property is to be used exclusively for
agriculural or livestock purposes and such grading is attendant to that purpose;
b) the preparation, suhnittal, and processing of grading and erosion control
plans; c) the posting of suitable securities. If such evidence is not dcc~med
satisfactory, the City Engineer may require that a Preliminary, Precise, or
Stockpile Grading Permit be issued.
d. Paving Grading Permit No person shall construct concrete or bituminous
pavement surfacing in excess of six thousand (6,000) scg~re feet, on natural or
existing grade for the purpose of a private road or travelway, or in excess of
one thousand (1,000) sq,mre feet for any co~,,erical, industrial, multi-
residential parking lot, without a valid grading permit unless waived by the
City Engineer or a separate improvement plan for such paving is approved and
signed by the CITY ~GIN~ or his designated representative. Resurfacing or
maintenance of paved surfaces shall be exempt frc~ this requirement.
Ordinance No. 77
Page 10
Sec. 87.204 SOIL INVESTIGATION REPCRT MAY RR RMQUI~RD.
a. The City Engineer may require a soils investigation and/or an engi-
nccring geology report to correlate surface and subsurface conditions with the
proposed grading plan. The results of the investigation shall be presented in a
soils report by a soil engineer which shall include, hut n~ not be limited
to, data regarding the nature, distribution and strength of existing soils and
rock on the site; the soils engine's conclusions and recc~mendations for
grading requirements, including the correction of w~ak or unstable soil con-
ditions and treatment of any expansive soils that may be present; and his opi-
nions as to the adequacy of building sites to be developed by the proposed
grading operations.
b. The City Engineer may require such supplemental reports and data as he
deems necessary upon his review of the site and the reports and other data sub-
mitted. Such tests may include tests for soil fertility and agricultural suita-
bility to be perforn~d at the conclusion of rough grading by a recognized
agronomic soil testing laboratory, with written analysis and recu~,,~_ndation, to
be utilized during any required landscaping.
c. R~ndations included in such reports and approved by the City
Engineer, shall be incorporated in the grading plan, landscape-irrigation plan,
and specifications.
Sec. 87.205 GRADING PERMIT APPLICATION. Grading permit applications
shall be provided in a form approved by the City Engineer.
A separate application with plans, specifications, and other supplemmntal
data, shall be required for each grading permit. The application shall be
signed by the owner of the property to be graded.
A complete grading permit application shall be sutmzitted for City review and
approval along with the following iten~, completed and signed by the applicant
or his representatives, unless otherwise ~ived or specified by the City
~NGIN~RR; or this cod_e:
Application form
Grading plan (prints, in triplicate)
Preliminary Soil Investigation Rmport (in duplicate)
Preliminary Geologic Report ( in duplicate )
Erosion Control Plans (in triplicate)
Grading Plan Check Fee
Landscape and Irrigation Plan (in duplicate)
~3ronomic Soils Report
Ordinance No. 77
Page 11
Hydrology and Hydraulic report
Haul Route, including source of borrow or disposal
Environmental Assessment checklist
Geotechnical Report Review Foe
Sec. 87. 206 GRADING PLAN R~~S. A grading plan shall consist of
a general set of plans on reproducible shoets measuring 24 inches by 36 inches,
drawn to a maximu~ of 1" = 40' scale, showing the original and designed finish
contours, spot elevations of building pads and public improvements, slope
ratios, proposed and existing drainage facilities and patterns, protective
fencing, retaining walls, and any structures or buildings on adjacent properties
within fifteen (15) feet of the cc~mon property lines, and the existing eleva-
tions of adjoining/adjacent properties and parcels.
All grading plans shall be signed by a registered civil engineer. The City
Engineer may waive this requirement when in his opinion the proposed grading
entails little hazard to any property, and either: 1) the proposed grading
meets the criteria for a stockpile permit or an agricultural grading permit; or
2) the proposed grading does not exc~ 1000 cubic yards, is upon a single lot
or parcel, does not necessitate construction of extensive drainage structures,
erosion control facilities, or other facilities, and does not interfere in any
way with existing natural or improved drainage courses or channels.
A statement of ~antities shall be on the plan, giving the estimated cubic
yards of excavation, em~_nkment, import, export, and the shrinkage or swall fac-
tor.
All grading plans shall also incl~e a vicinity map, clearly delineated pro-
perty lines, and prc~inent existing or natural terrain features, and setbacks
from tops and toes of slopes to property lines or other features.
Precise grading plans shall show the footprint for all proposed structures,
setback distances therefrcm, detailed finish grading, finish floor elevations,
yard swales and drains, and all concrete sidewalks, driveways, or flatwork which
will be used for drainage.
The title sheet of all grading plans shall show the names, addresses, and
phone numbers of the site owner, the responsible civil engineer, project soil
engineer and geologist, and the subdivider or developer of the property if dif-
ferent than the owner. At least one print sukmitted to the City Engineer shall
be signed by the soil engineer and geologist.
The Grading Plans shall also show such other information as required by the
City Engineer.
Ordinance No. 77
Page 12
Sec. 87.207 ~ICAL RE~ORTS TWo copies of each geotechnical report
required in this section shall be sukmitted as part of the application for
grading permit. Each report shall contain all information applicable to the
project and shall be prepared in accordance with generally accepted geotechnical
engineering practice.
Recc~m~ndations contained in the approved reports shall be incorporated into
the grading plans and specifications and shall becc~ conditions of the grading
permit.
a. Preliminary Soil Report: The preliminary (initial) soil engineering
report shall include information and data regarding the nature, distribution,
and the physical and chemical properties of existing soils; conclusions as to
adequacy of the site for the proposed grading; recc~%wendations for general and
corrective grading procedures; foundation and pavement design criteria; and
shall provide other recu~,,endations, as necessary, c~,~ensurate with the project
grading and development.
b. Preliminary Engineering Geology ReDort: Engineering geologic reports
shall be required for all developments on hillside sites where geologic con-
ditions are considered to have a substantial effect on existing and/or future
site stability. This requirement may be extended to other sites suspected of
being adversely affected by faulting, or by landslides.
The preliminary (initial) enginccring geology report shall include a compre-
hensive description of the site topography and geology including, where
necessary, a geologic map; an opinion as to the adequacy of the proposed devel-
opment from an engineering geologic standpoint; an opinion as to the extent
that known or reasonably inferred instability on adjacent properties may adver-
sely affect the project; a description of the field investigation and findings;
conclusions regarding the effect of geologic conditions on the proposed
development; and specific rec(~,,~ndations for plan modification, corrective
grading and/or special techniques and systems to facilitate a safe and stable
development, and shall provide other recc~endations as necessary, cc~m~nsurate
with the project grading and development. The preliminary engineering geology
report may be combined with the preliminary soil engineering report.
c. Seismicity Report: A seismicity report shall be required as a con-
dition for issuance of a grading permit and/or Building Permit for all sub-
divisions (tracts); and all sites for critical structures ( fire stations,
nursing homes, etc. ) and major structures, as determined by the City Engine.
Additionally, sites containing ~rthc~ke-sensitive ~rth materials and/or sites
that are located on or near potentially active or active faults shall also
require a seismicity report, as determined by the City Engineer.
Ordinance No. 77
Page 13
The report sb~ll he prepared by an engineering geologist, geophysicist, or a
civil engineer with expertise in ~rthquake technology and its application to
buildings and other civil engineering works. The scope of the report shall be
col~m~nsurate with the proposed development and shall reflect the state of the
art. The seismic report may be combined with the soil and engineering geology
reports.
Sec. 87.208 IANDSCAPING ASD IRRIGATION. Tandscaping and irrigation
facilities shall be required for, hut not limited to, all graded slopes higher
than five (5) feet, and for all graded areas determined by the City Engineer to
be susceptible to erosion, within all residential, cc~,~rcial, and industrial
development, subdivisions, lot divisions, condominit~n projects, planned develop-
ments, borrow areas, disposal areas, and other graded areas, unless such
requirement is waived or amended by the City Engineer. A landscape and irriga-
tion plan shall be required therefor.
Landscape and irrigation plans shall be prepared and signed by a landscape
architect, or by a q~] ified landscape company or other person, when approved by
the City Engineer, based upon the scope, magnitude, and complexity of the pro-
ject, and shall be subject to the review of the City's Landscape Architect and
approval of the City Engineer.
The plan shall conform to good, accepted s~anaard procedures and require-
ments with special consideration for soil conditions encountered within the pro-
ject area. The plan shall include specifications for the preparation of the
existing soils or for the application of topsoil or amendments to the slopes to
encourage vigorous growth. The landscape architect shall be responsible for
full compliance with the standards and procedures as detailed in the Guidelines
and Specifications for T~ndscape Development. Extraordinary effort shall be
made to develop water conservation programs throughout the planting, irrigation,
and maintenance plans and specifications.
Sec. 87.209 HAUL ROUTE. If the grading project includes the movement of
earth material to or from the site in an amount considered substantial by the
City Engineer, the permittcc shall s,,hnit the haul route for review and approval
by the Engineering Department. Alternate routes or special requirements in con-
sideration of the possible impact on the adjacent community environment, or
effect on the public right-of-way itself, may be prescribed by the City Enginccr
as a condition of the grading permit. The haul route shall be approved prior to
issuance of a grading permit. The haul route or the following note shall be
shown on the grading plan: "This plan is not an approved grading plan without
an attached haul route plan approved by the City Engineer."
Deviation from this designated haul route shall constitute a violation of
the conditions of the permit issued under this ordinance. ~hen the City
Engineer does specify a route, he shall do so in writing and shall notify the
Poway Police Department that said haul route has been specified.
Ordinance No. 77
Page 14
The City Engineer may further specify load limits where, in his opinion, the
s~n~rd load capacity of vehicles used in such hauling would cause excessive
damage to streets on the designated route. Any grading or hauling contractor
moving earth materials in violation of this ordinance shall he financially
responsible for any damage to the public streets done by the hauling vehicles,
and shall pay to the City of Poway the cost, as determined by the City Enginccr,
of repairing such ~age.
At least 24 hours before hauling is to cc~mmnce, the applicant shall also he
required to notify the Poway Police Department and the City Enginccr. The
Police Department or City Engineer may require traffic control devices to be
provided by the applicant where reasonably necessary to protect the health,
safety, and general welfare.
The permit may specify other conditions, including the posting of cash bond,
which may be shown necessary in order to minimize disruption of no~,,~l traffic
activities and public inconvenience, and to prevent or minimize damage to public
or private streets or improvements.
Sec. 87. 210 OTHER DATA. Sen required by the City Engineer, the appli-
cant shall sutxmit hydrology and hydraulic calculations and drainage area raps to
determine the quantity of runoff generated by or tributary to the site, and its
effects on the site or upon upstream or downstream properties. E~osion and
sediment transfer studies, and other supporting data my he required.
Limits of inundation on the subject property during condition of specified
storm frequencies may be required to be delineated on the grading plan, along
with the sukmittal of supporting calculations.
The civil engineer responsible for preparation of the plans my also be
required to certify that the building pads to he created through any proposed
grading, are free frc~n inundation frc~n runoff frcm specified storms, and to pro-
vide floodplain elevations, and widths, sheet flow depths, floodway elevation
and widths, and any other data required by the City Engineer, or by any appli-
cable county, state, or federal flood protection or insurance program or
requirement.
The civil enginccr or applicant may also be required to prepare and s~h~it,
suitable studies and data regarding percolation and permeability characteristics
of the soils and their suitability for the use of septic ~mnks ground water
hydrology studies, data, and tests regarding the c~mntity and c~,m]ity of ground
water which can be produced frcm properties not served by City water systems,
and its adequacy for dc~estic and egricultural use and for fire protection.
Ordinance No. 77
Page 15
Sec. 87.211 GRADING APPLICATION EXPIRATION AND EXT~9~ION. Grading per-
mit applications for which a valid grading permit has not been issued, whether
or not the grading plans have been approved and signed by the City Engineer,
shall expire autc~atically, one hundred eighty (180) days after receipt of the
application by the City, after which time the application and plans shall be
deemed as expired and invalid. The plans, application requirements, and
necessary fees may be altered or changed at any time bet~c~n application suhnit-
tal and permit issuance under the following conditions:
a) a change of policy or direction by the City Council;
b) a change in the grading ordinance or fee structure approved by City
Council;
c)
a discovery that the plans, application, or fees violate or do not meet
existing ordinance or policy, or discovery of any design defect, soil
or geologic hazard, or any other fact or item which if left unchanged
could cause _~mage, harm, or hazard to public or private properties, or
to life, limb, or the general public safety or ~lfare.
If such discoveries are ~de and changes are so directed, the applicant
shall be granted an extension of the application expiration date for thirty (30)
days, or for such other period as the City Engineer may grant to the applicant,
to allow for all required changes to reasonably be made and accomplished.
The above time limits shall apply to all grading plans and applications sub-
mitted prior to the effective date of this ordinance.
Sec. 87.212 (~RADING PERMIT EXPIRATION, AND EXTENSION.
a. Every duly issued grading permit shall be valid for a period of two (2)
years from the date of issuance, and all work covered in said permit shall be
completed within that period, except as herein specified.
b. Every permit issued sb~ll expire by Limitation and shall become null
and void if the work authorized by the permit is not c~,~_nced and diligently
pursued within one hundred-eighty (180) days from the date of permit issuance,
or if after work is c(am~nced, the work is terminated, stopped, suspended, or
abandoned for a period of one hundred-eighty (180) days.
Upon written request from the permittee, suhnitted prior to the expiration
of the one hundred-eighty (180) day period in which work ~s to conmence, the
city Engineer may extend the period in which the permittee must start work, for
no more than two (2) successive periods of one hundred-eighty (180) days each,
provided the permittee demonstrates to his satisfaction that circumstances
beyond the permittee's control prevented his co~nenc~nent of the approved work.
Ordinance No. 77
Page 16
If ~Drk is not commenced, or diligently pursued within the extension periods
specified herein, then the permit shall thereafter be deemed expired and null
and void.
c. If the ~Drk authorized by the grading permit is not completed within
the two (2) year permit period, the City Engineer, upon written request from the
permittee, suhnitted prior to the expiration of the two (2) year period, ray
extend the permit for a period or periods reasonably necessary to complete the
work. The total of all such extension shall not exc~-~c~ a total of two (2) addi-
tional years.
d. For the purpose of this section, "diligently pursued" work shall be
grading of such magnitude, frequency, or complexity so as to require the regular
services of the permittcc's soil engineer, and/or civil engineer, or other pro-
fessionals, and which is inspected at regular intervals by the City.
e. As a condition of the extension of any grading permit time period, the
City Engineer may require the payment of additional permit fees, inspection
fees, or other additional fees as are required to cover the administration of
the extensions or to ~t any fee schedule then in effect.
f. If the permittee is unable to complete the work within the original
permit period, or any extension thereof as provided in (c) above, or has failed
to request the extension in (c) above, the City Engineer, upon written request
and justification suhnitted within thirty (30) days following the permit's
expiration, may renew the grading permit for a period not to exc~ one (1)
year.
g. The City Engineer may require the payment of additional fees for any of
the following reasons:
1. extension or renewal of the grading permit;
e
enlargement of the scope or quantity of grading or any change
which increases the need for inspection or administration of the
project.
h. The City Engineer may require the amendment or change of approved
grading plans, erosion control plans, or landscape-irrigation plans for any of
the following reasons:
1. extension or renewal of the grading permit;
2. changes have been made in the actual work which is not reflected
on the approved plans;
3. enlargement of the scope or cp~antity of grading;
Ordinance No. 77
Page 17
construction, traffic, drainage, soil, geologic, public safety, or
environmental problems not considered, known, or evident at the
time of permit iss;~_nce or plan approval.
Sec. 87.213 DENIAL OF PERMIT.
a. Hazardous Grading. The City Engineer shall not issue a grading permit
in any case where he finds or where it may reasoD~hly be inferred that the w~rk
as proposed by the applicant will:
1. damage any private or public property; or
2. expose any property to landslide or geologic hazard; or
3. adversely interfere with existing drainage courses or patterns; or
4. cause erosion which could result in the depositing of mud, silt,
or debris on any public or private strut or w~y; or
5. create any hazard to person or property.
If it can be shown to the satisfaction of the. City Engineer that the hazard
can be mitigated by the construction of retaining structures, buttress fills,
drainage structures or facilities or by other m~ns, the City Engineer may issue
the grading permit on the condition that such construction be performed and the
revision of the grading plans accordingly.
b. Geological Hazard. If, in the opinion of the City Engineer, the land
area for which grading is proposed is subject to geological hazard to the extent
that no reasonable amount of corrective w~rk can eliminate or sufficiently
reduce the hazard to person or property, the grading permit shall be denied.
c. Flood Hazard. If, in the opinion of the City Engineer, the proposed
grading ~uld adversely effect the flow of runoff in any identified flood plain
of floodway, or ~uld alter runoff to the detriment of upstream, downstream, or
adjacent properties, the grading permit shall be denied.
d. Subdivision or Use Permit. Under either of the following circumstan-
ces, a grading permit shall not be issued unless and until a tentative map or
subdivision or a use permit has been approved or conditionally approved:
if the purpose of the proposed grading as stated in the applica-
tion is to prepare the land for subdivision or for some use for
which a use permit is required; or
notwithstanding the purpose of the proposed grading as stated in
the application, if the City Engineer and the Director of Planning
Services find that the purpose of the proposed grading is to pre-
pare the land for subdivision or for some use for which a use per-
mit is required.
ordinance No. 77
Page 18
e. Other ~ons. The City Engineer shall deny the issuance of a
grading permit if so directed by the City Council, if prohibited therefrom by a
d~ly enacted moratoriua~, court order, injunction, or other legal order, or if
the applicant or owner b~ failed to comply with the provisions of this code, or
if the work proposed is not consistent with the City of Powsy General Plan, or
any element thereof, or any specific plan, use permit, land use ordinance or
regulation, or zoning ordinance or regulation.
Sec. 87.214 TF/~DRARY SUSP~]SION OF PERMIT. The City E~gineer shall
have the authority to temporarily suspend all work on a grading project and
suspend the permit if he determines that field conditions present an ~,,,ediate
hazard or ~anger to life or property, or if the permittee fails to or refuses to
correct a deficiency or hazard, or if the work being done is contrary to the
approved plans or conditions thereof, or if there is lack of supervision of the
grading operation, lack of engineering control, soil engineering control is not
being adequately provided, or for any other condition which in the City
Engineer's opinion, presents a threat to the public safety or w~lfare iam~e-
diately, or in the future, and which may cause unstable ~rth conditions. This
temporary suspension shall continue in effect until the hazard or condition is
removed to the satisfaction of the City Engineer.
Sec. 87.215 REVOCATION OF PERMIT. The City Enginccr shall have the
power to revoke any permit granted under the provisions of this chapter if said
City Engineer determines that said permit ms obtained by fraud, or that one or
zore of the conditions upon which said permit w~s granted have been violated, or
that the permittee failed or refused to correct a deficiency or a hazard upon
the receipt of written notice and within the time specified in such notices; or
that the permittee fails or refuses to perform any of the work required, or
fails or refuses to conform with any of the conditions or standards established
for any subdivision, lot division, use permit or other approval granted by City
or fails to eliminate any hazard or condition as referred to in Section 87.214.
The permittee, owner, or other party aggrieved or adversely affected by the
revocation of the grading permit may appeal such action to the City Council.
Any such appeal shall be in writing and shall be suk~itted to the City Clerk,
and shall cite re~sons and contain other information as necessary to explain why
the city Engineer's action should be rescinded or modified. Upon receipt of any
such written appeal, the City Clerk shall set the matter for public hearing.
All grading work shall be suspended between the date the permitt~ is
notified of the hearing and the date upon which the City Council renders its
decision. Any interested person may appe~ r at said hearing and present evi-
dence. At the conclusion of a hearing on an appeal of a permit revocation, said
Council may deny the appeal modify existing conditions of,or add new conditions
to said permit, or reinstate the permit. The decision of the City Council shall
be final.
Ordinance No. 77
Page 19
If a permit is revoked, no further ~rk shall be done upon that site except
the correction of hazards, and the completion of any w~rk required by the
permittee's agreement. Every agreement and every security required by this
division shall remain in full force and effect notwithstanding any such revoca-
tion.
Sec. 87.216 PLAN CH~CKING ~:,~q. Before accepting an application and
set of grading and/or landscape-irrigation plans and specifications for
checking, the City Engineer shall collect a plan checking fee. Separate per-
mits and fees shall apply to retaining ~lls or major drainage structures, as
indicated elsewhere in the City Ordinance. There shall be no separate charge
for standard terrace drains and similar facilities. The amount of plan checking
fee for grading and landscape-irrigation plans shall be as set forth by Council
Resolution.
The plan checking fee for a grading permit authorizing additioD~l work to
that under a valid permit shall be the difference bet~-=en the plan checking fee
paid for the original permit and the f~ required for the entire project.
Sec. 87.217 REVIEW OF GEOTECHNICAL REPORTS FEE. Before accepting a
geotechnical report for review, the City Engineer shall collect a report review
fee. A separate fee will be charged for each individual report sukmitted for
review. The amount of the report review fee shall be as set forth by Council
Resolution.
Sec. 87.218 G~ADING PERMIT F~-q. A fee for each grading permit shall be
paid to the City Engineer as set forth by Resolution of the City Council.
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 per-
mit and the fee shown for the entire project.
Sec. 87.219 INSPECTION FEES. Prior to the issuance of a grading permit,
there shall he paid to the City Enginccr a fee to cover the city's expenses,
costs, and overhead for field inspection, office engineering, and ~linistration
of the ~rk performed, including landscape and irrigation ~rk The amount of
the inspection fee shall be as set forth by Council Resolution.
Sec. 87.220 FEES - WORK C0~9~ BEFORE PERMIT ISSUED. In addition to
any penalty prescribed for violation of this code or for violation of the provi-
sions of this division, and in addition to the fees required herein, a separate
fee, as set forth by Council Resolution, shall he assessed for any work for
which a permit is required by this division, con~enced prior to obtaining such
permit. Payment of such fee shall not relieve any person frc~ any liability
under the provisions of this code or from fully complying with the requir~nts
of this division. The fee prescribed by this section shall not he construed as
a penalty but is added to defray the expense of enforcement of the provisions
of this division.
Ordinance No. 77
Page 20
Sec. 87.221 F~W.q - EXEB~TION. Permits for grading for soil and ~ter
conservation projects, when approved and inspected by a County, State or Federal
agency, may be issued without payment of any or all of the above fees.
Sec. 87.222 REFUNDS. No fee collected purs,~ant to this division, shall
be refunded in whole or in part, except as herein provided:
(a)
Plan Checking Fees may be refunded, less any City expenses,
including overhead incurred, upon the applicant's r.equ.est, pro.-
vided the grading application or permit b~ expired, or is
withdrawn by the applicant. A handling charge shall be deducted
fr~n any such refund.
(b)
Geotechnical Report Review Fee may be refunded, less any City
expenses, including overhead incurred, upon the applicant's
request, provided the grading application or permit has expired or
is withdrawn by the applicant, or if the project does not warrant
geotechnical reports to be prepared. A handling charge shall be
deducted from any such refund.
(c)
Grading Permit Fees. Prior to the issuance of a grading permit,
any permit fees paid shall be fully refundable, less a handling
charge, upon the applicant's request. There shall be no refund
after issuance of a permit.
(d)
Grading Inspection Fees may be refunded in full, less a handling
charge, at any time prior to the start of the work authorized by
the permit, upon the applicant's request, provided the grading
application has expired or has been withdrawn.
After issuance of a permit and co~renc~m~nt of work, these fees may be
refunded, less any City expenses, including overhead incurred, upon the
permittee's request, providing the permit ba~ expired or has been withdrawn
by the permittee.
(e)
No refund shall be made if the applicant or permittee ba~ any
outstanding debts owed to the City, or if corrective work remains
to be done on the grading work itself.
No refund shall be made pursuant to this section if a request for refund is
submitted to the City more than one year from the date of payment of the fee
as to which a refund is claimed; nor shall any refund be paid if the total
refundable amount, after deduction of City costs as hereinabove provided, is
less than t~nty-five dollars ($25.00).
Ordinance No. 77
Page 21
Sec. 87.224 S~53RITY R~Q~.
(a) No grading permit shall be issued for grading involving the movement of
more than 50 cubic yards of soil unless the applicant shall first post a
security with the City of Pow~y comprised of a cash deposit or a combination
cash deposit and a corporate surety bond of a surety authorized to do business
in the State of California, instrument of credit or other security pledging the
performance of the work, installation of required structures, drains, erosion
control, landscaping, irrigation, and the like and agreeing such funds are trust
funds for the purposes of satisfying the cost of correcting any deficiency or
any b~zard or injury created by the work or its lack of maintenance. An irre-
vocable standby letter of credit issued by a financial institution subject to
regulation by the State or Federal government may be posted in lieu of the
surety bond, instrument of credit or other security.
The total security shall be in the form approved by the City Attorney. The
total amount of the security shall be equal to thirty percent (30%) of the esti-
mated cost of the grading work authorized by the permit, plus an additional sum
equal to 100% of the estimated cost of the construction of retaining walls and
sprinkler irrigation systems, landscaping, and drainage structures or facilities
(including standard terrace drains, slope planting, erosion control facilities,
and similar facilities) authorized by the permit. The estimated cost of the
work shall be determined by the City Enginccr after reviewing the civil
engineer's estimates. If the City Engineer determines that t_he size, complex-
ity, and scope of the work does not justify the full amount of the security, he may
waive all or part of the amount to the extent that there is no bmzard or ~anger.
The cash deposit shall be e~] to twenty percent (20%) of the total
security required for projects where the total security required is $75,000 or
less, plus an additional five percent (5%) of the total security required when
the security is over $75,000. In no instance shall the cash deposit be less
than One Thousand Dollars ($1,000) or more than Twenty Thousand Dollars
($20,000). This cash deposit sb~ll be used to satisfy the cost of correcting
any deficiency, hazard, or injury created by the work in violation of the terms
and conditions of the grading permit and in violation of the provisions of this
code or any other applicable law or ordinance; or for the maintenance, cleanup
or repair of any public or private street or eassment, or for the maintenance,
upkeep, or installation of debris basins, erosion control devices, etc. Use of
the cash deposit or a portion thereof shall in no way limit or release the obli-
gation of the permitee or surety to satisfy the cost of correcting any defi-
ciency, hazard, or injury created by the werk or to maintain same in a safe
condition. If the amount of the cash deposit is insufficient to satisfy the
said cost in full, the surety shall be liable to satisfy the r~mainder of the
said cost in excess of the cash deposit to the extent that said remainder does
Ordinance No. 77
Page 22
not exceed the full penalty amount of the bond. In addition, if suit is brought
upon the bond by the City and judgment is recovered, the surety shall pay all
cost incurred by the City in such suit, including a reasonable attorney's fee to
be fixed by the court.
(b) Every bond and instrument of credit shall include and every cash depo-
sit and letter of credit shall be made on the conditions that the per-
mittee shall:
(1) Comply with all the provisions of this code, applicable laws and
ordinances.
(2) C~t~ly with all the terms and conditions of the grading permit to
the satisfaction of the City Engin~-r.
(3) C~-~31ete all of the work contemplated under the grading permit
within the time limit specified in the grading permit, or if no
time limit is so specified, the time limit specified in this divi-
sion. The City Engineer may, for sufficient cause, extend the
time specified in the permit, but no such extension shall release
the owner or the surety on the bond or person issuing the instru-
ment of credit.
(c) Each bond shall remain in effect until the completion of the work to
the satisfaction of the City Engineer.
(d) In the event of failure to cc~plete the work or failure to cc~ply with
all of the conditions and terms of the grading permit, the City
Enginccr may order such work as in his opinion is necessary to correct
any deficiencies or eliminate any d~ngerous condition and leave the
site in a safe condition or may order the work authorized by the permit
to be completed to a safe and stable condition to his satisfaction.
The permittee and the surety executing succh bond or person issuing the
instrument of credit, letter of credit or making the cash deposit shall
continue to be firmly bound under a continuing obligation for the
payment of all necessary costs and expenses that may be incurred or
expended by the City in causing any and all such work to be done. In
the case of a cash deposit, any unused portion thereof shall be
refunded to the permittee.
(e) Permits for less than 3,000 cubic yards of soil that require struc-
tures, retaining ~lls or drainage facilities shall have security
posted in conformance with this code, if so directed by the City
Engineer.
Ordinance No. 77
Page 23
CHAPTER 3
PERMIT LIMITATIONS, CONDITIONS, RESPONSIBILITIES
Sec. 87.301 PERMIT AUTHORIZATION. The iss-ance of a grading permit shall
constitute an authorization to do only that ~Drk which is described or illus-
trated on the application for the permit, or on the plans and specifications
approved by the City Engineer and the work shall be done in accordance with any
conditions imposed by the City Engineer and in accordmnce with the requirements
of this division.
Sec. 87.302 OTHER PERMITS MAY ME R~QUIRED. Permits issued purs,~ant to
this division shall not relieve the owner of responsibility for securing
required permits for work to be done which is regulated by any other provision
of this Code or by any other person, body, or agency.
Sec. 87. 303 USE PERMIT. No grading permit shall be issued when borrow or
waste mterial is to be removed frc~ a grading site unless a Use Permit has been
issued for the operation of a borrow pit on the grading site, a legally noncon-
forming borrow pit is being operated on the grading site, or the grading comes
within one of the exceptions listed in the Zoning Ordinance of the City of
Poway.
Sec. 87.304 RIGHT OF 5~TRY - INDEMNIFICATION. As a condition of issuance
of any grading permit, the owner of the site to be graded and the contractor, if
any, shall grant to the City a right of entry on the site for the purposes of
inspection and for purposes of correction of grading not performed in compliance
with the terms and conditions of the permit. The owner and the contractor shall
agree to indemnify the City for any claims or damages which my result from the
City's entry onto the property including any corrective action taken pursuant to
such right of entry. The right of entry and inde~mification agreement shall be
on a form approved by the City Attorney.
Sec. 87.305 LTABILITY. Neither the issuance of a permit under the provi-
sions of this division, nor the compliance with the provisions hereof or with
any conditions imposed by any City official hereunder, shall relieve any person
from any responsibility for damage to persons or property otherwise imposed by
law, nor impose any liability upon the City of Poway for damage to persons or
property.
The City Engineer or any employee charged with the enforcemmnt of this divi-
sion, acting in good faith and without malice for the City in the discharge of
his duties, shall not thereby render himself liable personally and he is hereby
relieved from all personal liability for any damage that may accrue to persons
or property as a result of any act required or by reason of any act or c~ission
in the discharge of his duties. Any suit brought against the City Engineer or
employee, because of such act or c~/ssion performed by him in the enforcement of
any provisions of this division, shall be defended by the legal department of
the City until final termination of the procccdings.
Ordinance No. 77
Page 24
Sec. 87.306 RESPONSIBILITY OF PERMITrEE - PROTSCTION OF ADJ~_~rr PROPERTY.
Not withstanding the minim~n se_~naards set forth in this division, the permittee
is responsible for the prevention of damage to adjacent property and no person
shall excavate on land so close to the property line as to endanger any
adjoining public street, sidewalk, alley, or any other public or private pro-
perty without supporting and protecting such property frc~l settling, cracking,
or other damage which might result.
Sec. 87.307 MAINTENANCE OF PROTHETIVE DEVICES. The owner of any property
on which a fill or e~avation has been made purusant to a permit granted under
the provisions of this division, or any other person or agent in control of such
property shall maintain in good condition and repair all retaining walls,
cribbing, drainage structures or ~eans and other protective devices and planting
shown in the approved plans and specifications or in the as-built plans or
required by the permit. Facilities dedicated for use by the public and accepted
for such use by a public agency are excepted.
Sec. 87.308 RESPONSIBILITY OF PERMITrEE - PROTHL-~ION OF UTILITIES. During
grading operations the permittee shall be responsible for the prevention of
damage to any public utilities or services. This responsibility applies within
the limits of grading and along any routes of travel of equipment.
Sec. 87.309 RESPONSIBILITY OF PERMITrEE - OONTENTS OF PERMIT. It shall be
the responsibility of the permittee to be knowledgeable of the conditions and/or
restrictions placed on the grading permit and as outlined in applicable sections
of this code, and as contained on the approved grading plans and in the approved
geotechnical report(s). The permittee shall also be responsible to maintain in
an obvious and accessible location on the site, a copy of the permit and grading
plans bearing the approval of the City Engineer.
Sec. 87.310 ~VIR~AL REVIEW. Prior to the issuance of any grading
permit, the City Engineer shall refer the application for such permit to the
Planning Services Department for review and determination whether the proposed
grading could have a significant effect upon the environment; provided, however,
such application need not be referred to the Planning Services Department if any
of the fo. ,uw~ng conditions are _met:
(a) The City Council, a coumnission or City officer having final authority
for project approval bas adopted an Environmental Iapact Report which
considered the proposed grading or has determined that the project,
which included the proposed grading, would not have a significant
effect upon the environment; or
(b) The proposed grading is on 3and which at no point has a slope steeper
than ten (10) percent; or the average cut in the cut area does not
exc~ three (3) fcct, and there is no out in excess of ten (10) feet,
and there is no fill in excess of ten (10) fcct (for purposes of the
Ordinance No. 77
Page 25
(c)
ten (10) foot requirement, the cut or fill measurement must be taken
vertically at the the dccpest point of the cut or fill to the natural
ground surface ); or
Anything contained in this section to the contrary notwithstanding, if
in the opinion of the City Engineer and the Planning Services Director,
there are unusual conditions with respect to the property for which an
application is filed which renders an environmental review desirable or
necessary, the City Engineer shall refer the application to the
Planning Services Degartment for the aforementioned determination.
Such unusual conditions include but are not limited to land located in:
(1) watercourses;
(2) ~tlands;
(3) Scenic Corridor Zones or other areas officially desigD~ted by
federal, state or local governments as scenic areas;
(4) areas of severe geologic hazard;
(5) resource conservation areas;
(6) archeological sites.
Sec. 87.311 REVIEW. The City Planning Department shall review each appli-
cation referred to it to determine whether the grading, if carried out as pro-
posed, could have a significant effect upon the environment.
Sec. 87.312 DETERMINATION THAT PROJECT DOES NOT HAVE SIGNIFICANT EFFECT
UPON ~VIRO~iENT. If the Planning Services Department determines that the pro-
posed grading would not have a significant effect upon the environment, it shall
so inform the applicant and the City Engineer. Upon receipt of notification of
such determination, the City Engineer may issue the grading permit without
requiring an Environmental Inpact Report.
Sec. 87.313 DETERMINATION ~{AT PROJECT OOULD HAVE SIGNIFICANT EFFECT UPON
~VIROSE4ENT. If the Planning Services Department determines that the proposed
grading could have a significant effect upon the environment, the grading permit
shall not be issued unless and until the adoption of an Environmental Impact
Regort, or other environmental clearance, prepared purs,~snt to the Environmental
Quality Act and City rules and procedures adopted purs,,~nt thereto.
Sec. 87.314 DESIGN RESPONSIBILITY. It shall be the responsibility of the
civil engineer who prepared the grading plans to incorporate the applicable
reco~ndations from the soil engin~ing and engineering geology reports into
the grading plan. The civil enginccr shall be responsible for establishing line
Ordinance No. 77
Page 26
and grade for the grading and drainage improveamnts and shall act as the coor-
dinating agent in the event the r~ arises for liason bet~en the other pro-
fessionals, the contractor, and the City Engineer. The civil engineer shall
also be responsible for the preparation of plan revisions, unless ~ived by the
City Engineer, and upon c~letion of the work, the s~nission of as-built
grading plans incorporating all changes and/or additions rode during
construction.
Likewise, the designing landscape architect shall incorporate applicable
reccmm~ndations from the agroncm%ic soils reports along with appropriate n~asures
related to soils engineering and engineering geology reports into the landscape-
irrigation plans. The landscape architect shall also prepare plan revisions, to
include securing approval from the City Landscape Architect prior to installa-
tion, and s~nission of as-built drawings incorporating all changes and/or addi-
tions rode during construction. For detailed guidelines for plan preparation,
the Landscape Architect shall thoroughly familiarize himself with the City
Guidelines and Specifications for Landscape Development.
Soil engineering and engineering geology reports shall be required as spe-
cified in this code. During grading all necessary reports, compaction data,
soil engineering and enginccring geology recc~,,~ndations and reports shall be
sutmmitted to the client for distribution as required, and a copy of all said
documents shall be provided to the City Engineer. The soil engineer's area of
responsibility shall include, but not be limited to, the professional inspection
and approval concerning the preparation of ground to receive fills, testing for
required compaction, stability of all finish slopes, design of buttress fills
where required, and incorporating data supplied by the engineering geologist.
The engineering geologist's area of responsibility shall include, but not be
limited to, professional inspection and approval of the stability of cut slopes
with respect to geological matters, and the n~ for subdrains or other ground-
water drainage devices. He shall report his findings to the soil engineer for
engineering analysis.
The City Engineer shall inspect the project at various stages of work
requiring approval and at any more frequent intervals necessary to determine
that adequate inspection and testing is being exercised by the professional
consult_~nts.
When preliminary soil engineering reports are not required by the City
Engineer, he may require inspection and approval by a soil engineer. The soil
engine's responsibility shall include, but not he limited to, approval of
cleared areas and benches to receive fill, and the compaction and testing of
fills and their inspection and approval.
Ordinance No. 77
Page 27
Sec. 87.315 ~I~ANSFER OF RESPONSIBILITY POR APPROVAL. If the civil
engineer, the soil engineer, the engineering geologist, the testing agency, or
the grading contractor of record are changed during the course of the work, the
w~rk shall be stopped until:
(1) The owner sut~its a letter of notification verifying the change of the
responsible professional; and
(2) The new responsible professional s,,h~its in writing that he has
reviewed all prior reports and/or plans (specified by date and title)
and work perfor~=d by the prior responsible professional, and that he
concurs with the findings, conclusions, and rec(~,,,~ndations, and is
satisfied with the work performed. He must state that he assumes all
responsibility within his purview as of a specified date. All excep-
tions must be justified to the satisfaction of the City Engineer.
Where clearly indicated that the firm, not the individual engineer and/or
geologist, is the contracting party, the designated engineer or geologist may he
r~signed and another engineer and/or geologist within the firm may assume
responsibility.
Sec. 87.316 TIME OF GRADING OPERATIONS. Grading and equipment operations
within one-half (½) mile of a structure for human occupancy shall not he con-
ducted bet~=en the hours of 7:00 P.M. and 6:30 A.M. on ~days, nor on
w~ekends, State or Federal holidays, without approval of the City Engineer. The
city Engineer may, however, permit grading or equipment operations during speci-
fic hours after 7:00 P.M. or before 6:30 A.M. on ~ckdays or on ~c~ends and
holidays if be determines that such operations are not detrimental to the
health, safety or w~lfare of the inhabitants of such a structure. Permitted
hours of cgerations may be shortened by the City Engineer's finding of a pre-
viously unforeseen effect on the health, safety, or w~lfare of the surrounding
co~mnity.
Ordinance No. 77
Page 28
CHAPTER 4
DESIGN STANDARDS PERFORMANCE R~Q~
Sec. 87.401 CUTS. Cut slopes shall be no steeper than tw~ horizontal to
one vertical (2:1) in sedimentary rock. Cut slopes in granite or metamorphic
rocks shall be no steeper than 1.5:1. In special circumstances where no evi-
_dence of previous instability exists and, when recommended in the soil engi-
n~ring report and approved by the City Engineer, slopes may be constructed
steeper than 2:1. In no case shall slopes steeper than 2:1 be approved if 2:1
or flatter slopes are required as a condition of prior approval of any project
without appropriate revision of said condition by the approving body. Cut slo-
pes steeper than 2:1 in granite or metamorphic rock may be required to be graded
with "stairstep" benches no more than one (1) foot high cut into the surface
such that the average slope of the surface conforms to this ordinance. Cut slo-
pes in Friars Formation mterial shall not be steeper than three (3) horizontal
to one (1) vertical (3:1) unless the cut slope is buttressed or otherwise sup-
ported by competent mterial as recc~,,,~nded by the soil engineer or geologist
and approved by the City Engineer.
Slope stability analysis shall accc~pany soil engineering reports for all
slopes steeper than 2:1 and for all slopes exceeding forty (40) feet in height,
or slopes in the Friars Formation, regardless of the slope ratio. The soil
engineer shall consider both gross and surficial stability of the slope and pro-
vide a written statea~nt approving the slope stability.
Where public streets are to be underlain by bed rock which is excavatable by
grading equipment but cannot be excavated with conventional trenching equipment,
the City Engineer my require a zone in the street to be undercut and replaced
as compacted fill to facilitate placement of utilities without resorting to
blasting.
Any grading plan which proposes cut slopes having a vertical height of 30
feet or greater shall be subject to the review and approval of the Poway City
Council prior to permit issuance.
Sec. 87.402 FIT.Lq.
(a) Fills - Maximt~n Sloper Construction
Fill slopes shall be no steeper than tw~ horizontal to one ver-
tical (2:1), exclusive of benches or terraces. In special cir-
cumstances where no evidence of previous instability exists, and
when recc~m~nded in the soil engineering report and approved by
the City Engineer, slopes may be constructed steeper than 2:1. In
Ordinance No. 77
Page 29
(b)
no case shall slopes steeper than 2:1 be approved if 2:1 or
flatter slopes are required as a condition of prior approval of
any project without appropriate revision of said condition by the
approving body.
All fill slopes shall be overfilled to a distance from
finished slope face that will allow compaction equipment to
operate freely within the zone of the finished slope, and thencut
back to the finish grade to expose the compacted core. Alternate
methods may be ~loyed by the grading contractor subject to
approval by the soil engineer and City Engineer. In such instan-
ces, the grading contractor shall provide detailed specifications
for the method of placement and ~ompaction of the soil within a
distance of an equipment width fromthe slope face.
Slope stability analyses shall accc~pany soil engineering
reports for all slopes steeper than 2:1 and for all slopes
exceeding forty (40) feet in height, regardless of the slope
ratio. The soil engineer shall consider both the gross and sur-
ficial stability of the slope and provide a written statement
approving the slope stability. In addition, the soil engineer
shall recc,~,,end alternative methods of construction or compaction
requir~uents necessary for surficial stability.
At least twenty (20) percent of the field density tests taken
within 100 feet of slope during grading shall be located within
three (3) feet of the final slope location, and at least one den-
sity test shall be taken the outer 11 inches of finished slope
face for every 5000 scp~re feet of slope area.
Fill slopes shall not be constructed on natural slopes
steeper than tw~ (2) horizontal to ene (1) vertical (2:1), or
where the fill slope toes out within twelve (12) feet horizontally
of the top of existing cut slopes adjacent to the permit area
boundary or any Friars Formation materials, unless evidence is
submitted by the soil engineer and/or engineering geologist which
indicates adequate stability and the proposed slope is approved by
the City Engineer.
Any grading plan which proposes fill slopes having a vertical
height of 30 feet or greater shall be subject to the review and
approval of the Poway City Council prior to permit iss,~ance.
Preparation of Ground
The ground surface shall be prepared to receive fill by
removing v~jetation; noncomplying fill; topsoil and other
unsuitable materials; andby scarifying to provide abondwith the
new fill. ~here existing slopes exceed five (5) feet in height
Ordinance No. 77
Page 30
and/or are steeper than five horizontal to ome vertical (i.e.
5:1), the ground shall be prepared by benching into sound bedrock
or other competent mmterial as determined by the soil enginccr and
approved by the City Engineer. The lowermost bench beneath the
toe of a fill slope shall be a minim~n ten (10) feet in width.
The ground surface below the toe of fill shall be prepared for
sheet flow runoff, or a paved drain shall be provided.
Where fill is to be placed over a cut slope, the bench under the
toe of the fill shall be at least fifteen (15) feet wide and shall
meet the approval of the soil engineer and/or engineering geolo-
gist as a suitable foundation for fill.
(c) Fill Material
Detrimental amounts of organic material shall not be permitted in
fills. Except as outlined below, no rock or similar irreducible
material with a maximin dimension greater than twelve (12) inches
shall be buried or placed in fills.
The City Engineer may permit placement of larger rock when the
soils engineer properly devises a mmthod of placem~ent, con-
tinuously inspects placement, and approves the soil stability and
competency. The following conditions shall also apply:
(1) Prior to iss~ance of the grading permit, potential rock
disposal areas(s ) shall be delineated on the grading plan.
(2)
Rock sizes greater than eighteen (18) inches in maximin
dimension shall be six (6) feet or RDre below grade, measured
vertically, and/or ten (10) feet measured horizontally from
slope faces whichever is greater.
When the design of the development or covenants and restric-
tions provide assurance that no structure or utilities will
be placed on a precisely definable area, these dimensions may
be reduced with the approval of the City Engineer.
(3)
Rocks greater than twelve (12) inches shall be placed so as
to be completely surrounded by soils; no nesting of rocks
will be permitted.
(d) Cc~,~action
All fills shall be compacted to a minimum of ninety (90) percent
of maximin density as determined by ASTM D1557-78 (five layer
test). Field density tests shall be performed in accordance with
Ordinance No. 77
Page 31
ASTM D1556-78, or equivalent, as approved by the City Engineer. At least
twenty-five (25) percent of the total tests shall be by ASTM D1556-78 to verify
the accuracy of the equivalent m~thod. All such tests shall be reasonably uni-
formly distributed within the fill or fill slope surface (see section e,
paragraph 4 ) so that representative results are obtained.
Locations of field density tests sh~ll be determined by the
engineer or approved testing agency, but shall be sufficient in
both horizontal and vertical placement to provide representative
testing of all fill placed.
Testing in areas of a critical nature or special emphasis shall be
in addition to a network of representative sampling. ~*~ere lower
density and very high potential expansion characteristics exist,
as defined by Table No. 29-C of the Uniform Building Code, lesser
compaction may be granted by the City Engineer upon justification
and rec(m~endation by the soil engineer.
Sufficient maxim%m~ density determinations by test m~thod ASTM
1557-78 shall be performed during the grading operations to verify
that the maximum density curves used are representative of the
material placed throughout the fill.
(e) Buttress/Stabilization Fills
Recoax~ndations for buttress fills or stabilization fills by the
soil engineer shall be accc~panied by a report setting forth the
soil or geologic factors necessitating the buttress/stabilization
fill, stability calculations based on both static and pseudostatic
conditions, (pseudostatic loads n~ not normally be analyzed when
bedding planes are flatter than 12 degrees frc~ the horizontal)
laboratory testdata upon which the calculations are based, a copy
of the approved grading plan showing the location of the
buttress/stabilization fill, a scaled section of the
buttress/stabilization fill, and r~dations with details of
subdrain requirements.
(f) Utility Line Backfill
Backfills for on-site utility line trenches, such as ~ter, sewer,
gas, and electrical services which affect the stability of foun-
dations or other structures, or in sloping surfaces steeper than
ten horizontal to one vertical (10:1), utilizing site materials,
shall be compacted and tested in accordance with subsection
87.402(d), C~paction, of this chapter. Alternate materials and
m~thods may be used for utility line backfills provided that the
material specification and method of placement are recc~m~_nded by
the soil engineer and approved by the City Engineer prior to back-
filling.
Ordinance No. 77
Page 32
Utility line backfill in nonpublic areas other than those stated
above need no specified placement method or compaction criterion,
but shall be sufficiently compacted to preclude detrimental
settlement.
The final utility line backfill report from the project soil
engineer shall include a staten~nt of compliance by the soil
engineer that the tested backfill is suitable for the intended
use.
Sec. 87.403 BER~. Unless ~aived by the City Engineer, a compacted earthen
berm shall be constructed at the top of all slopes steeper than 5:1. The berm
shall conform to the slope and shall be a minimum of one foot high and four fcct
wide.
Sec. 87.404 SETBACKS (GENERAL). The setbacks and other restrictions spe-
cified by this Section are minimum and may be increased by the City Engineer or
by the recc~mmndation of a civil engineer, soils engineer, or enginccring geolo-
gist, if necessary for safety and stability, or to prevent damage of adjacent
properties frc~ deposition or erosion, or to provide access for slope main-
tenance and drainage. Retaining ~alls may be used to reduce the required set-
backs when approved by the City Engineer. Sere zoning requirements excc~ the
minimtms herein, the zoning setbacks shall govern.
Sec. 87.405 SETBACKS FROM PROPERTY LINES. The tops and toes of slopes shall
be set back from the outer boundaries of the permit area, including slope rights
areas and easements, in accordance with Figure No. A. and Table A. Lot lines
shall be located at the top of slopes, including berms, wherever practicable.
Sec. 87.406 DESIGN STANDARDS FOR SETB~I~{S. Setbacks bet~=cn graded slOpes
(cut or fill) and structures shall be provided in accordance with Figure A and
Tables A and B.
A usable side yard of at least five (5) feet from any building ~11 shall be
provided to the toe or top of a slope, unless ~aived by the City Engineer. No
provision in this section shall be construed to allow less than the required
setback for berms and drainage unless an improved drainage device is used to
reduce these requirements.
Sec. 87.407 DRA/NAGE AND TERRACING (General). Unless otherwise indicated in
the approved grading plan, drainage facilities and terracing shall conform to
the provisions of this Section, and to the currently adopted design standmrds
and the Master Drainage Plan, except where otherwise specified.
TABLE A
MIN. SETBACK FROM ADJACENT SLOPE
{hqt)
Feel a b c d e
6 :5' 5' :5' 5' :5'
5' 5' ./2'
5'
14-30 5' H,/2 · H/2~ ~/2 6'
I0 max. I0 max.
.'50 + 5' I0' max. 15' m~. I0' rr~x. 6'
. Interceptor/Terrace Drains per Sec. 87.zk38,~
&Sec. 8Z,:~)9
H d ,: :,lll~ '
FIG. A
TABLE B
NOTES:
H (hgt)i- HW ' MinSdbecA
Feef f
0 < 6 3' max. .5' min.
6 - 8 4' 4'
8 -lO 5' 5'
I0 -30 6' mox.- H/2
30 + 6' max. 15' max.
FIG. B
1) PA means permit area boundary and/or property lines; MFD means manufactured surface.
2) Setbacks shall also comply with applicable zoning and development code regulations.
3) Table A applies to manufactured slopes and 2:1 or steeper natural slopes. Setbacks
from natural slopes flatter than 2:1 shall meet the approval of the City Engineer.
4) "b" may be reduced to 5' minimum if an approved drainage device is installed within
"b"; roof gutters and downspouts may be required.
5) "b" may be reduced to less than 5' if no drainage is carried on this side and if
roof gutters are included which do not drain into the "b" area; "d" may not be
reduced.
6) If the slope between "a" and "b" levels is replaced by a retaining wall, "a" may
be reduced to zero and "b" remains as shown in Table A. The height of the retain-
ing wall shall be controlled by zoning and development code regulations.
7) "b" is measured from the face of the structure to the top of the slope.
8) "d" is measured from the lower outside edge of the footing along a horizontal
line to the face of the slope. Under special circumstances,"d" may be reduced
as recommended in the approved soil report and approved by the Building Official.
9) The'use of retaining walls to reduce setbacks (Fig. B) must be approved by the
City Engineer and requires separate permits.
lO) "f" may~be reduced to zero (0) feet if the BuilJing Official approves a combina-
tion structure wall-retaining wall and the City Engineer approves.the slope con-
figuratilon and drainage disposal.
CITY OF POWAY GRADING
"GRADING SETBACKS FROM
ORDINANCE No. 77, Sec. 87.405
PROPERTY LINES"
Ordinance No. 77
Page 33
Sec. 87.408 TMRRACES AND TERRACE DRAINS. Terraces at least eight (8) feet
in width shall be established at not more than thirty (30) foot vertical inter-
vals on all cut or fill slopes to control surface drainage and debris; except
that where only one terrace is required, it shall be at mid-height. Terrace
widths and spacing for cut and fill slopes greater than 90 feet in height shall
be designed by the civil engin~_r upon reco~nendation of the soil enginccr and
approved by the City Enginccr. Suitable access shall be provided to permit
proper cleaning and maintenance.
Terrace drains shall be constructed on all terraces, using concrete with
suitable reinforcement, with a minimum gradient of five (5) percent unless
waived by the City Engineer due to special circumstances. Construction of the
drains shall be such that concrete is a minim~n of 1/2 inch below (and a maximin
of 4 inches below) the surface elevation of the adjacent grade. The terrace
drain shall have a minim~n depth at the deepest point of one (1) foot and a
minimum width of three (3) feet, (mmmsured across the top) and shall be designed
to accommodate the runoff created.
Unless otherwise approved by the City Engineer, a single run of terrace
drain shall not collect more than 13,500 sq]~re feet of drainage area without
discharging into a downdrain or other approved collection device. Approval of
alternatively designed terrace drains shall be based on runoff generated by
rainfall intensities characteristic of the peak portion of a rainfall hydrograph
for a period of time concentration at the discharge point of the terrace drain.
Splash walls, velocity reducers, flow spreaders and other structures shall be
provided in accordance with good engineering practice.
Comstruction of the terrace drains shall be as described for gutters and
downdrains herein, and shall be located on the terraces with one side of the
ditch two (2) feet frcm the toe of slope. Mhere a terrace is constructed to
conform to slope requirements, but is intended to be of a temporary nature, the
City Engineer my waive the paving requir~anents, if a satisfactory surety bond
or other m~ans to guarantee improvement is posted with the City.
Sec. 87.409 I~FERCEPTOR DRAINS. Concrete interceptor drains shall be
installed along the top or toes of all cut or fill slopes where the tributary
drainage area directs runoff over the slope or toward or along the toe of slope;
unless waived by the City Engineer. The slope of the drain shall be approved by
the City Engineer.
Sec. 87.410 SUBSURFACE DRAINAGE. Cut and fill slopes shall be provided with
subsurface drainage as necessary for stability, and as reco~nended by the soils
engineer and/or the engineering geologist.
All canyons and buttress fills shall be provided with subdrains unless
approved otherwise by the City Enginccr, based upon the information provided by
the Engineering Geologist and/or the soil engineer indicating that they are not
necessary and recommending against them.
Ordinance No. 77
Page 34
Sec. 87.411 STORM k%TER RUNOFF. Storm water runoff frcm lots or adjacent
properties shall not be carried over cut or fill slopes stccper than 5:1. Such
runoff shall be provided for as follows:
(a)
~enever practicable, each lot shall be graded so t_hat storm water will
drain from the backyard through the sideyard and frontyard with a grade
of one (1) percent minimum directly to an abutting street or approved
drainage facility, without flowing across other lots or cut and fill
slopes. 14~re the velocity of the flow is found to be erosive, an
improved drainage device shall be required.
(b)
~en the above is not feasible as determined by the City Enginccr,
storm water shall be collected along the top of banks or at the rear of
the graded lots by m=~ns of improved gutters or interceptor drain and
carried to properly sized improved outfalls or area drains or devices
which shall not be allowed to drain across the surface of sidewalks or
(c)
Connecting downdrains bet~.~cn the interceptor drains and/or terrace
ditches shall be constructed of poured Portland cement concrete or air-
blown mortar, both reinforced with wire mesh, and of sufficient depth
(a minimum of 18 inches deep) to allow for an unimpeded flow when
terraces are crossed. If pipe downdrains of concrete or asbestos
concrete are used, anchor lugs or collars may be required. Pipe speci-
fications shall be approved by the City Engineer. Special design
features shall be provided as required for abrupt changes of direction.
(d)
The discharge from any downdrain, ditch, or pipe shall be controlled so
as to prevent erosion of the adjacent grounds. Velocities shall be
reduced by m~ans of adquately sized aprons of rock, grouted rip rap, or
box type energy dissipators. Rip rap sizing shall be designed based
upon flow velocities and rip rap shall be placed in a manner so as not
to create other erosion problems.
(e)
Runoff volumes shall be computed using reasonable estimates of
infiltration and evaporation of rainfall. Infiltration shall be
assessed based on infiltration capacity of soil types expected to be
encountered during project development as ~11 as the percentage
covered by impervious or nearly impervious surfaces. Conditions
assua~d for determining infiltration rates shall be consistent with
absorption capacity of the soil being satisfied by prior irrigation or
storm activity. Actual time of concentration shall be used to deter-
mine rainfall rates used in design.
(f)
Surface drainage shall not be carried across a lot or parcel within
three (3) feet of a structure, without the use of an improved drainage
device.
Ordinance No. 77
Page 35
Sec. 87.412 DRAINAGE FASE~/Ff. For all drainage-ways where the continuous
functioning of the drainage-w~y is essential to the protection and use of
multiple properties, a covenant and/or dcc~ restriction shall be recorded by the
applicant, placing the responsibility for the maintenance of the drainage-ways
on the owner of record of each respective lot affected. Permanent offsite
drainage easements, as required by the City Engineer, shall be acquired by the
Permittee. Such easements shall be subject to approval of the City Engineer and
City Attorney and recorded prior to issuance of the Grading Pe~lt.~t.
Sec. 87.413 ~OSION (DONTROL RBQUIRED. No grading work shall be allowed
bet~cn October 15th and the following April 15th on any site when the City
Engineer determines t_hat erosion, ~flow or sediment of silt discharge may
adversely affect downstrea_~ properties, drainage courses, storm drains, streets,
easements, or public or private facilities or improvements unless an approved
erosion control system bas been implemented on the site.
Sec. 87.414 ~OSION OONTROL PLAN. ~%hen it is determined by the City
Engineer that an erosion control system shall be required on a site, plans for
an erosion control system shall be prepared and sukmitted for the review and
approval of the City Engineer by September 15th of each year for projects under
a valid permit.
Sec. 87.415 R~QUI~ INFORMATION ~N PLAN. An erosion control plan shall
include, but not be limited to, the following information:
(a)
Name, address, and a 24-hour phone number of the owner or respon-
sible party, and the person or contractor responsible for
installing and maintaining the erosion control system and per-
forming emergency erosion control work.
(b) The name, address and signature of the Civil Engineer or person
who prepared the plan.
(c)
All desilting basins, debris basins, silt traps, and other
desilting, velocity re~rding, and protection facilities necessary
to adequately protect the site and downstream properties frem ero-
sion and its effects.
(d) The streets, easements, drains, and other improvements which will
be existing as of October 15.
(e)
The location and placement of sandbags, diverters, check dams,
slope planting, drains, and other erosion controlling devices and
(f) Access routes to all such erosion control facilities and how
access shall be maintained during inclement weather.
Ordinance No. 77
Page 36
Sec. 87.416 ~OSION CON~ROL SYSTEM STANDARDS.
(a)
The faces of cut and fill slopes and the project site shall be
prepared and maintained to control against erosion. Sere cut
slopes are not subject to erosion due to the erosion-resistant
character of the materials, such protection may be cmitted upon
approval by the City Engineer.
(b)
Sere necessary, temporary and/or permanent erosion control devi-
ces such as desilting basins, check dams, cribbing, rip rap, or
other devices or m~thods as approved by the City Enginccr, sb~ll
be employed to control erosion and provide safety during the rainy
season from October 15th to April 15th.
(c)
Desilting basins constructed of coupacted earth shall be compacted
to a relative compaction of 90 percent of maximum density. A soil
engineering report prepared by the soil engineer including the
type of field testing performed, location and results of testing
shall be sulmuitted to the City Engineer for approval upon couple-
tion of the desilting basins.
(d)
Desilting facilities shall be provided at drainage outlets from
the graded site, and shall be designed to provide a desilting
capacity capable of containing the anticipated run-off for a
period of time adequate to allow reasonable settlement of
suspended particles.
(e)
Desilting basins shall be constructed around the perimeter of pro-
jects, whenever feasible, when it provides improved maintenance
access from paved roads during w~t weather.
(f)
The erosion control provisions shall take into account drainage
patterns _~3ring the current and future phases of grading
throughout the rainy season.
(g) Graded areas around the tract perimeter must drain from the face
of slopes at the conclusion of each ~rking day.
(h)
Erosion protection shall consist of effective planting of all slo-
pes in excess of five (5) feet unless otherwise approved by the
city Engineer.
Planting of the slopes shall be done as soon as practicable, which
may be prior to rough grade approval. Effective planting shall be
installed, fully germinated, and effectively cover the required
slopes.
Ordinance No. 77
Page 37
The permittee or owner shall he responsible for control of erosion
on all areas of the tract until acceptance of the completed tract
by the City Council. This responsibility extends to completed and
occupied lots.
(h)
Equipment and workers for emergency work shall be ~sde available
at all times during the rainy season. Necessary materials shall
be available on-site and stockpiled at convenient locations to
facilitate rapid construction of temporary devices ~ahen rain is
imminent.
(i)
All removable protective devices shown shall be in place at the
end of each working day when the five (5) day rain probability
forecast exceeds forty (40%) percent.
If the developer does not provide the required installation or
maintenance of erosion control structures, the City Engineer may
issue contracts for such work and charge the cost of this work to
the cash deposits or other instruments implemented for this work.
No additional work on the project except erosion control work may
be performed until the full amount drawn from the deposit is
restored by the developer.
Sec. 87.418 DEBRIS ON PUBLIC STi~S. The California Vehicle Code and
this Code hereby forbids the placing, dumping, or depositing of dirt and rocks
on the public streets or any portion of the public right-of-way. Ail vehicles
engaged in hauling materials under the permit provisions of this ordinance shall
refrain from depositing dirt or debris on the public streets by any m~ans,
including but not limited to, spillage from the bed of a truck or other vehicle
and debris collected on the wheels of the haul vehicle. The City Engineer may
require a cash deposit to insure the clean-up of public streets.
Sec. 87.419 CL~AN-UP. The permittee conducting any earth-moving operation
under this ordinance which requires vehicles to haul earth materials o~ any
public street shall be responsible for the complete removal of such materials
from the street; of earth, mud, or other material, if spilled, d~,ped, or depo-
sited on a public street. If the permittee fails to r~move completely such
spillage, and it is necessary for the City to cause such removal to be made, the
permittee and/or the property owner shall be liable to pay the City the full
cost of such removal work. A cash deposit may he required prior to grading per-
mit issuance to insure the clean-up of public streets.
Sec. 87.420 DUST ODI~fROL. The contractor/permittee conducting any earth-
moving operation under this ordinance shall he responsible for controlling dust
at all times.
Ordinance No. 77
Page 38
Sec. 87.421 PROT~CTION OF ADJOINING PROPERTY. Each adjacent owner is
entitled to the lateral and subjacent support which his land receives from the
adjoining land, subject to the right of the owner of the adjoining land to make
proper and usual excavations on the same for purposes of construction or impro-
vement, under the following conditions:
(a)
Any owner of land or his lessee intending to permit or to make an
excavation greater than ten (10) feet in depth within ten (10)
feet of his property lines shall give reasonable notice to the
owner or owners of land abutting the property lines affected by
such excavation, stating the depth for which such excavation is
intended to be made and when the excavation will begin.
(b)
In making any excavation reasonable care and skill shall be used,
and reasonable precautions taken that the soil of adjoining pro-
perty will not cave in or settle to the detriment of any building
or other structure which may be thereon.
(c) No grading shall be approved which physically prevents access to
any parcel.
Sec . 87 . 422 EXPANSIVE SOILS .
(a)
Expansive soil is any soil with an expansion index greater than
twenty (20), as determined by the Expansive Index Tests (U.B.C.
Std. 29.2).
(b)
Test for expansive soils shall be performed on soils within four
(4) feet of the finish grade of any area intended or designed as a
location for a building. $%henever expansive soils are encountered
in this zone then:
(1)
The permittee shall cause such expansive soil to be
removed to a minimum depth of four (4) feet below finish
grade and replaced with properly compacted, non-
expansive soil; or
(2)
The soil engineer may ~aive or reduce the requirement
for removal and replacement of the expansive soils
reported on the project. The soils engineer shall make
recommendations for the design of footings, foundations,
slabs, and other load-bearing features, or for other
special procedures which will alleviate any problem
created by the remaining expansive soils; or
Ordinance No. 77
Page 39
Sec. 87.423
(a)
(b)
(c)
(d)
(3)
In general, at the discretion of the soil engineer,
expansive soils from cut areas shall be placed in the
lower extremities of embankments, and nonexpansive
materials shall be reserved, stockpiled, or otherwise
handled so that they may be placed as a cap over expan-
sive soils, h%henever expansive soils are placed closer
than four (4) feet of finish grade, the soils engineer
shall so indicate, and shall make corrective recc~men-
dations as set forth in 87.422(b)(2) above; or
(4)
Expansive soils which cannot be disposed of on-site as
described above, shall be disposed of off-site by
either: a) their disposal outside the City limits of
the City of Poway; or b) their disposal at another loca-
tion within the City provided said location is covered
by a valid grading permit and grading plan, and the
expansive soils can be disposed of at said location as
provided for in paragraph (b)(3) above.
ASPHALT CONC~{ETE PA~.
Requirements. For the purpose of this section, asphalt concrete
(A.C.), aggregate base (A.B.), prime coat, tack coat, seal coat
shall meet the current stanaards of the City of Poway for road
construction and/or the approval of the City Engineer.
Asphalt concrete is classified as a secondary drainage device when
used for roadwayandparking lot surfacing and other similar uses.
Accordingly, plan check andpermit fees, as outlined in Chapter 2,
permits, fees, are applicable.
Subgrade C~t~action. C~L~actionof subgrade earth materials shall
comply with the requirement of Section 87.402 of this ordinance.
Soil Sterilization. Unless otherwise approved by the City
Engineer, subgrade ~rth r~aterials shall be sterilized to preclude
plant growth.
Pavement Structural Section. The project soil enginccr, or design
civil engineer shall determine the pavement structural section(s)
for parking lots/service roads, private streets, and dedicated
streets for all developments based on (1) soil tests of the
subgrade soil(s) perforn~d in accoraance with the latest revision
of Test Method No. Calif. 302, and (2) anticipated traffic and/or
loading conditions. Design shall be in accora~nce with the
CalTrans Highway Design Manual or by alternate methods acceptable
to the City Engineer, the structural sections shall be not less
than the minimum staD~rds established by the City of Poway.
Ordinance No. 77
Page 40
CHA~r~ 5
GRAD~qG INSPBCTION
Sec. 87.501 INITIAL INSPBCTION BY THE CITY ENGINRRR. Prior to the appro-
val of any building or grading plans and specifications, the City Engineer may
inspect the site to determine that the plans and specifications are current and
reflect existing conditions.
After permit issuance, but prior to any grading, brushing, or clearing,
there shall be a pregrading ~n~cting held on the site. Prior to pouring curb and
gutter or placement of pavement base material, there sb~ll be a prepaving
meeting held on the site. The permittee, or his agent, shall notify the City
Engineer at least two (2) working days prior to the n~ctings and shall be
responsible for notifying all principals responsible for grading or paving
related operations.
Sec. 87.502 RBQUIRRD INSPt~CTION. The following inspections shall be
required of the items of ~rk listed, at the stage or time indicated. The per-
mittee shall notify the City Engineer at least one (1) working day ahead of the
time the ~ork will be ready.
(a) Excavation and Fill Inspection
(1)
Canyon Cleanout: After all brush and unsuitable material has
~cn removed and an acceptable base has been exposed, but
before any fill is placed.
(2)
Toe bench and key: After the natural ground or bedrock is
exposed and prepared to receive fill, but before fill is
placed.
(3) Over-excavation: After the area has been excavated but
before fill is placed.
(4)
Excavation: After the excavation is started, but before the
vertical depth of the excavation exceeds ten (10) feet, and
every ten (10) foot interval thereafter.
(5)
Fill: After the fill ba~ started, but before the vertical
height of the fill exceeds ten (10) feet and every ten (10)
foot interval thereafter.
(b)
(c)
Ordinance No. 77
Page 41
Concrete or Gunite Drainage Device Inspection
(1) Alley gutter and/or concrete device draining asphalt:
(i) Subgrade: After subgrade is prepared and required rein-
forcement placed.
( ii ) Concrete: During concrete placement.
(2) Curb and gutter (private property):
(i) Subgrade: After subgrade is made, forms in place, with
required reinforcement.
( ii ) Concrete: During concrete placement.
(3) Terrace drains, down drains, brow ditches, and all other
paved drainage devices:
(i) Subgrade: After grade is made but prior to placen~nt of
welded wire mesh or reinforcing steel.
(ii) Reinforcement: After thickness control wire and rein-
forcing steel or welded wire are in place.
(iii)Concrete: During concrete or gunite placement.
Drainage Device other than Concrete or Gunite Inspection
(1) Subdrains:
(i)
After excavation but prior to placement of filter
material and pipe. The subdrain pipe and filter
material shall be on-site for inspection.
(ii) After filter material and subdrain has ~cn placed but
prior to covering with backfill.
(2) Storm drains and inlets:
(i)
After plac~nent of storm drains but prior to covering
with backfill. The civil engineer shall provide written
approval indicating substantial conformance to line and
grade.
(ii)
After placement of inlet forms but prior to pouring
concrete. The civil engineer shall provide written
approval indicating substantial conformance to line and
grade.
Ordinance No. 77
Page 42
(3) Earth Swales:
(i) Prior to rough grading approval or lumber drop.
(ii) Prior to final grading approval.
(d) Rough Grade Inspection
When all roughgradinghas been completed. This inspection maybe
called for at the completion of rough grading after the City
Engineer ham reviewed and approved the required reports, and the
civil engineer has s,~h~itted written approval indicating substan-
tial conformance to line and grade. Under normal circumstances,
all subdrains and slope drains shall be in place and approved as a
condition for rough grading approval.
(e) Paving Inspection
(1) Subgrade:
After subgrade ham been established, tested, and approved by
the soil engineer, or his ~,m]ified representative. The soil
engineer my leave a field me~o or compaction test results on
site. The civil engineer shall provide written approval
indicating substantial conformance to line andgrade.
(2) Base:
After base course btam ~cn placed, tested, end approved by
the soil engineer, or his qualified representative, but prior
to prime coat and asphalt placem~t. The soil engineer my
leave a field memo on site to provide compaction test
results. Material invoices may be required.
(3) Asphalt Cc~crete:
(i)
During asphalt lay-down, to verify compliance with plans
and specifications. Continuous inspection by an
approved testing agency, its qualified representative,
the City inspector, or a special inspector when
authorized by the City Engineer. Material invoices my
be required.
(ii)
Prior to application of seal coat, the paved surface
shall be water tested to reveal any irregulatities and
shall be patched where required. Material invoices may
be requiredafter place~nt of seal coat.
Ordinance No. 77
Page 43
(f) Irrigation Inspection
(1)
Installation of irrigation improvements shall only be
accomplished after approval of appropriate plans and specifi-
cations by the City Landscape Architect.
(2) Main Line:
At the completion of mail line installation and prior to
backfilling, a hydrostatic pressure test shall be performed
in the presence of the City Lanscape Inspector, as detailed
in the Guidelines and Specifications for Landscape
Development.
(3) Lateral Lines and Control Valves:
During installation of lateral lines, inspections shall be
m~de to assure continuous support of all pipe, properly
assembled fittings and valve installation, as w~ll as proper
backfill procedures.
(4) Coverage Test:
When the irrigation system is completed, a coverage test
shall be performed in the presence of the City Landscape
Inspector o
For more detailed requirements and scheduling of inspections, consult
the city Guidelines and Specifications for r~ndscape Development.
(g) Planting Inspection
(1) General Soil Preparation:
After finish grade ba~
drainage is accomplished,
ments shall be inspected.
been established and appropriate
incorporation of approved amend-
Material invoices maybe required.
(2) Plant Pit Preparation:
During the preparation of all plant pits, inspections shall
confirm proper procedures are followed to maximize the promo-
tion of healthy root development. Material invoices may be
required.
(3) ?~d Abatement Program:
C~,~liance with program as detailed in the Guidelines and
Specifications for Landscape Development shall be inspected.
Ordinance No.77
Page 44
(4) S~aking and/or Guying Procedures:
Upon completion of planting, all nursery stakes directed to
be r~moved, proper staking and/or guying practices shall be
accomplished. Inspection of procedures will confirm
(h) Final Inspection
When all work, including installation of all drainage structures,
irrigation, slope planting and other protective devices, has been
completed and all written professioD~l approvals, certifications
and the required reports have ~cn submitted.
(i) Establishment and Maintenance Inspection
Inspections shall confirm compliance with all specified procedures
for continuous care of landscape improvements. Material invoices
may berequired.
(j) Erosion Control Facilities (Rainy Season - October 15-April 15)
(1)
After excavation of desilting basins but prior to fill place-
ment, prefabricated devices are to be available on-site for
inspection.
(2) After fill placement for desilting basins but prior to place-
ment of concrete or other non-erosive materials.
(3)
After completion of an erosion control system in accordance
with an approved erosion control plan and the requir~nts of
the City Engineer.
Sec. 87.503 NOTIFICATION OF NON-(/]MPLtANCE. If in the course of fulfill-
ing their responsibility under this ordinance, the civil engineer, the soil
engineer, the engineering geologist, or the testing agency finds that the work
is not being perforr~d in accordance with approved plans, specifications, or
this ordinance, the discrepancies shall be reported immediately in writing to
the grading contractor, the owner, and the City Engineer. l~xam~_ndations for
corrective m~asures shall be s,,hnitted for approval by the City Engineer.
Sec. 87.504 SPECIAL INSPBCTIONS. The City Engineer mayestablish special
inspection requirements in accordance with Section 306 of the Uniform Building
Code, amended, for special cases involving grading or paving related operations.
Special cases may apply to work where, in the opinion of the City Engineer, it
is necessary to supplement the resources or expertise available for inspection.
Ordinance No. 77
Page 45
Sec. 87.505 STOPPING A~D CORRBCTION OF WDRK. Reference is ~sde to Section
87.213 of this code.
(a)
The provisions of Section 202 (d) "Stop Orders" of the Uniform Building
Code shall apply to all grading %Drk. ~henever the City Engineer
determines that any work does not comply with the terms of a permit, or
this ordinance, or that the soil or other conditions are not as stated
on the permit, or that work is being done improperly, or in a hazardous
manner, he may order the work stopped by notice in writing served on
any persons engaged in doing or causing of such work to be done, and
any such persons shall forthwith stop such work until authorized by the
City Engineer to proceed with the work.
(b)
~henever any work on which inspections are required is covered or con-
cealed by additional work without first b~ving been inspected, the City
Engineer may require, by written notice, that such work be exposed for
examination. The work of exposing and recovering shall not entail or
be subject to expense by the City.
(c)
If the inspector finds the soil or other conditions not as stated in
the approved plans and geotechnical reports or in additional infor-
mation which ~s required for issuance of the grading permit, he may
issue a stop work order until approval is obtained for a revised
grading plan which will conform to the conditions.
(d)
Work may resume and the stop order shall be rescinded upon the City
Enginccr's determination that conditions have changed, corrections been
made, or the causes or actions which require a stop order have
acceptably remedied or alleviated to his satisfaction.
Sec. 87.506 COMPLETION OF WORK.
(a) Final Reports
Upon completion of the rough grading work and at the final completion
of the work under the grading permit, but prior to the release of
grading securities or issuance of a certificate of use and occupancy,
the City Engineer will require:
(1)
An as-graded grading plan prepared, signed, and dated by the
responsible civil engineer which shall include original and as-
graded ground surface elevations, pad elevations, slope ratios,
and elevations and locations of all surface and subsurface
drainage facilities, location and scaled sections of all
buttress/stabilization fills, subdrains, and general location and
depth of all areas of removal of unsuitable soil.
Ordinance No. 77
Page 46
(2)
(3)
(4)
A written statement by the civil engineer certifying the grading
as being in substantial conformance with the approved grading plan
and which specifically states the following it~ns were performed
under his supervision, and are shown correctly on the es-built
drawings:
(a) S~aking of line and grade for all engineered drainage devices
and retaining ~lls (rough and final grading);
(b) Staking of property corners for proper building and slope
location (rough grading);
(c) Location of permanent walls or structures on property corners
or property lines.;
(d) Location and slope ratio of all manufactured slopes;
(e) Construction of earthen berms and positive building pad
drainage.
A final soil enginccring report prepared by the soil engineer,
including type of field testing performed, suitability of utility
trench and retaining ~11 backfill, s%.,,,~ries of field and labora-
tory tests and other substantiating data, and cc~ments on any
changes made during grading and their effect on the recc~,,~en-
dations made in the soil engineering investigation report. Each
field density test shall be identified, located on a plan or map,
the elevation of test, and the test method of obtaining the in-
place density described; either ASTM D1556 78 or the approved
equal shall be so noted. The soil engineer shall provide written
approval as to the adequacy of the site for the intended use, as
affected by soil engineering factors and a statement of compliance
to finish grade. Such report may consist of a series of reports
at various stages of construction.
A geologic re~Drt prepared by the engineering geologist, including
a final description of the geology of the site including any new
information disclosed during the grading, and the effect of sar~
on recommendations incorporated in the approved grading plan. He
shall provide written approval as to the adequacy of the site for
the intended use as affected by geologic factors, a statement of
compliance to finish grade, and when required by the City
Engineer, shall suhnit an as-built geologic map.
Ordinance No. 77
Page 47
(b) Notification of Ccmpletion
The permit holder or his agent shall notify the City ~gineer when the
grading operation is ready for final inspection. Final approval shall
not be given until all work, including installation of all drainage
facilities and their protective devices, and all erosion control
measures, have been completed in accor_~nce with the final approved
grading plan and the required reports and statements of compliance have
been suhnitted.
Ordinance No. 77
Page 48
L~GAL PROVISIONS
Sec. 87.601 VIOLATIONS AS A MISDE~F_AbK)R. Any person, firm, or corporation
violating any of the provisions of this ordim~nce shall be deemsd guilty of a
misd~neanor, and upon conviction thereof such person shall be punishable by a
fine of not more than $500.00 or by inprisonment for not more than six (6)
months, or by both such fine and imprisonment for each violation. Each such
person, firm, or corporation shall be deemed guilty of a separate offense for
every day during any portion of which any violations of any provisions of this
ordinance, is permitted, continued, or con~itted by such person, firm, or cor-
poration and shall be punishable therefore as provided for in this ordinance.
Sec. 87.602 VIOLATIONS AS A PUBLIC NUISANCE. Notwithstanding the above,
any grading done contrary to the provisions of this division is also a public
nuisance. Upon order of the City Council, the City Attorney is authorized to
oom_=nce necessary proccc~ings provided by local or state law to abate, remove
and/or enjoin such public nuisance. Any grading done without grader's first
having obtained a grading permit thereof, regardless of whether such failure is
due to neglect or refusal, shall be prim facie evidence that a public nuisance
has ~cn committed. The implement this section, the City Attorney may procc~
as a civil or criminal re~dy. The civil remedy my be before a court within
the local jurisdiction or my be an adjudicatory hearing before the City Council
purusant to Poway City Ordinance No. 69, adopted September 14, 1982.
Sec. 87.603 CDNFLICT/OONSTITUTIONALITY. ~ere this ordinance is in
conflict with any existing ordinance of the City, the more restrictive ordinance
shall govern. If any section, subsection, clause, or phrase of this ordinance
is, for any reason held to be unconstitutional, such decision sb~ll not affect
the validity of any remaining portions of this ordinance. It is the intent and
policy of the City Council that each provision of this ordinance is to be con-
sidered and adopted separately from each and every other section of this ordi-
nance notwithstanding a single vote being made on the entire ordinance. Each
section herein is deemed a separate and separable part of the whole.