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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.