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HomeMy WebLinkAbout6.7OrdEstbStndrdsGrdngCnst CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: November 23, 1987 SUBJECT: Public Hearing: Ordinance Establishing Minimum Standards and Providing Regulations for Grading, Construction, and Maintenance of Landfills and Excavation and for Control of Erosion and Sediment and Repealing City of Dublin Ordinance 82-19. EXHIBITS ATTACHED: Draft Ordinance RECOMMENDA .6 : 1) Open public hearing 2) Receive Staff presentation and public testimony 3) Question Staff and the public :/c(K 4) Close public hearing and deliberate 5) Waive reading and introduce ordinance establishing minimum standards and providing regulations for grading, construction, and maintenance of landfills and excavation and for control of erosion and sediment and repealing City of Dublin Ordinance 82-19. FINANCIAL STATEMENT: None DESCRIPTION: This ordinance is part of the City's municipal code update and serves the same purpose as the County of Alameda grading ordinance (Title 7, Chapter 9 of the Alameda County Code) which the City adopted by reference. The ordinance establishes minimum design and construction standards, provides regulations for grading, excavating, and erosion control, and outlines a procedure for obtaining permits. Specific requirements for preparation and submittal of plans and for interim and final geotechnical reports are delineated. This ordinance will allow the Public Works Director to waive fulltime geotechnical inspection when the grading is of a minor nature and intermittent inspections and testing can assure proper compaction and soil placement. City of Dublin Ordinance 82-19 adopted by reference the provisions of Alameda County Code Title 7, Chapters 9 and 10. Chapter 10 established requirements for the protection of watercourses, the provisions of which have since been adopted as City of Dublin Ordinance 87-52. Upon adoption of this proposed grading ordinance, the provisions of Ordinance 82-19 will no longer be necessary; therefore 82-19 will be repealed. This ordinance has been reviewed and revised in conjunction with the adoption of the 1985 Uniform Building Code, which is also on this agenda. Conflicting and overlapping wording between the two ordinances regarding grading have been resolved. Also, a section has been added which establishes an insurance coverage requirement consistent with the current requirement for subdivision tract developers. Staff recommends that the City Council conduct a public hearing, waive the reading, and introduce the ordinance. ITEM NO. 6,� COPIES TO: . ORDINANCE NO -87 • AN ORDINANCE OF THE CITY OF DUBLIN ESTABLISHING MINIMUM STANDARDS AND PROVIDING REGULATIONS FOR GRADING, CONSTRUCTION, AND MAINTENANCE OF.LANDFILLS AND EXCAVATION AND FOR CONTROL OF EROSION AND SEDIMENT AND REPEALING CITY OF DUBLIN ORDINANCE 82-19 The City Council of the City of Dublin does ordain as follows: ARTICLE 1. PURPOSE AND DEFINITIONS Section 1. PURPOSE. This ordinance is enacted for the purpose of regulating grading on private property within the City of Dublin to safeguard life, limb, health, property, and public welfare; to avoid pollution of watercourses with nutrients, sediments, or other earthen materials generated on or caused by surface runoff on or across the permit area; and to ensure that the intended use of a graded site is consistent with the City of Dublin General Plan, any Specific Plans adopted thereto, and applicable City of Dublin ordinances, including the Zoning. Ordinance. Section 2. DEFINITIONS. Unless the particular provision or the context otherwise requires, wherever the following terms are used in this ordinance, they shall have the meaning ascribed to them in this section: (a) AGRICULTURAL OPERATION is any land related activity for the purpose of cultivating or raising plants or animals or conserving or protecting lands for such purposes when conducted on agriculturally zoned lands and is not surface mining or borrow pit operations nor preparation for construction or construction of any structure for human _ occupancy. (b) BEDROCK is the solid undisturbed rock in place either exposed at the ground surface or beneath surficial deposits of loose rock or soil.. (c) BENCH is a relatively level step excavated into sloping natural ground on which engineered fill or embankment fill is to be placed. . (d) CIVIL ENGINEER is a professional engineer registered as a Civil Engineer by the State of California. (e) COMPACTION is the increase of density of a soil or rock fill by mechanical means. - 1 - (f) CUT. (See excavation.) (g) DEPTH OF FILL is the vertical dimension from the exposed fill surface to the original ground surface. (h) DEPTH OF EXCAVATION (Cut) is the vertical dimension from the exposed cut surface to the original ground surface. (i) DIRECTOR OF PUBLIC WORKS is the Director of. Public Works or the City Engineer of the City of Dublin, California, acting - either directly or through their authorized deputies. (j) EMBANKMENT. See Fill. (k) ENCROACHMENT PERMIT is a written permit authorizing certain work within a publicly maintained right of way. (1) ENGINEERING GEOLOGIST is a' registered geologist certified as an Engineering Geologist by the State of California. (m) ENGINEERING GEOLOGY is the application of geologic knowledge in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works. (n) EROSION is the wearing away and transporting of earth material as a result of the movement of wind, water,- or ice. (o) EXCAVATION (Cut) is the removal of naturally occurring earth materials by mechanical means, and includes the conditions resulting therefrom. (p) EXISTING GRADE is the elevation of the ground surface at a given point prior to excavating or filling. (q) EXPANSIVE SOIL is any soil which exhibits significant expansive properties as determined by a Geotechnical Engineer or the Director of Public Works. (r) FILL (Embankment) is the deposit of soil, rock, or other materials placed by man and includes the conditions resulting therefrom. (s) FINISH GRADE is the final grade of the site after excavating or filling which conforms to the approved final grading plan. The finish grade is also the grade at the top of a paved surface. (t) GEOLOGIC HAZARD is any condition in naturally-occurring earth materials which may endanger life, health, or property. Geologic hazards include-, but are not limited - 2 - to: faults; existing or potential landslides, mudslides, or rock falls; weak, expansive or creeping soil; subsidence; earthquake induced shaking, ground movement, ground failure or liquefaction; and seiche or tsunami inundation. (u) GEOTECHNICAL ENGINEER is a Civil Engineer registered by the State of California who is qualified in the fields of soil mechanics and soil engineering. (v) GEOTECHNICAL ENGINEERING is the application of the principles of soil mechanics in the investigation, evaluation, and design of civil works, involving the use of earth materials and may include the inspection, testing, and construction thereof. (w) GRADING is any excavation, or filling or combination thereof, or the removal, plowing under, or burial of vegetative groundcover. (x) GRADING PLAN is a plan prepared in accordance with this ordinance showing grading and related work. (y) GRADING WORK is grading and related work, such as, but not limited to, drainage improvements and erosion and sediment control. (z) KEYWAY is a special backfilled excavation which is constructed beneath the toe area of a planned fill slope on sloping ground to improve the stability of the slope. (aa) LANDSCAPE ARCHITECT is a landscape architect registered by the State of California. (bb) LOT. See Parcel. (cc) OWNER is the person shown as the legal owner of the property on the latest equalized assessment roll in the Office of the County Assessor. (dd) PARCEL (Lot) is land described as a lot or parcel in a recorded deed or shown as a lot or parcel on a subdivision map or parcel map on file in the County Recorder's Office. (ee) PERMIT is a written grading permit issued pursuant to this ordinance authorizing grading work. (ff) PERMITTEE is any person to whom a permit is issued pursuant to this ordinance. (gg) PERSON is any natural person, firm, corporation, or public agency whether principal, agent, employee, or otherwise. - 3 - (hh) PRELIMINARY GRADING PLAN is a .plan that shows the proposed grading work in relation to the existing site prepared and submitted with the application for a grading permit. (ii) RAINY SEASON is the period of the year during which there -is a substantial risk of rainfall. For the purpose of this ordinance, the rainy season is defined as from October 1 to April 15, inclusive. (jj) ROUGH GRADE is the stage at which the grade approximately _ conforms to the approved plan. It is also the subgrade required for construction of a road or other paved surface. (kk) SEDIMENT is any material transported or deposited by water, including soil and debris or other. foreign matter. (11) SITE is any lot or parcel of land or combination of contiguous lots or parcels of land, whether held separately or joined together in common ownership -or occupancy, where grading is to be performed or has been performed. (mm) SLOPE is an inclined ground surface the inclination of which may be expressed as the ratio of horizontal distance to vertical distance. (nn) SOIL is all earth material of any origin that overlies bedrock and may include the decomposed zone of bedrock which can be excavated readily by mechanical equipment. (oo) TERRACE is a relatively level step constructed in the face of a graded slope surface for drainage, maintenance, or other purposes. . (pp) VEHICULAR WAY is a private roadway or driveway. (qq) WATERCOURSE is any natural or manmade channel flowing continuously or intermittently in a definite direction and course or used for the holding, delay, or storage of waters, which functions at any time to convey or store stormwater runoff. Natural channels shall generally be limited to those designated by a solid line or a dash and three dots as shown in blue on the most recent U.S. Geological Survey 7.5 minute series of topographic maps. At the discretion of the Director of Public Works, the definition of natural channel may be limited to those channels having a watershed area of 50 acres or more, and this definition will be commonly used in connection with the administration of this Ordinance except for those cases in which the Director of Public Works determines that the definition must be extended to a natural channel with a watershed smaller than 50 acres in order to prevent a condition which is a menace to life and limb, endangers - 4 - • property, is .a hazard to public safety, adversely affects the safety, use, or serviceability of adjacent property, public way, or drainage channel, or could adversely affect the water quality of any water bodies or watercourses were the definition not extended to- a particular natural channel with a watershed below 50 acres. (rr) WORK. See Grading Work. ARTICLE 2. GENERAL REQUIREMENTS Section 3. GRADING PERMIT REQUIRED. Except for the specific exemptions listed hereinafter, no person shall do or permit to be done any grading on any site in the City of Dublin without a valid permit obtained from the Director of Public Works. Section 4. EXEMPTIONS. The following grading may be done without obtaining a permit: - • (a) Minor projects which have cuts or fills, each of which is less than five feet in vertical depth at its deepest point. measured from the existing ground surface, and which include all of the following: (1) Less than 150 cubic yards of graded material; (2) The removal, plowing under, or burial of less than 10,000 square feet of vegetation on slopes ten percent or greater or any amount of vegetation on slopes less than ten percent; and (3) Will not create unstable or erodible slopes. (b) . Grading done by or under the supervision or construction control of a public agency that assumes full responsibility for the work. (c) Excavations in connection with a building, swimming pool, retaining wall, or other structure authorized by .a valid building permit. (d) Grading necessary for agricultural operations unless such grading will create a cut or fill whose failure could endanger any structure intended for human or animal occupancy or any public road, or could obstruct any watercourse or drainage conduit. (e) Trenching and grading incidental to the construction or installation of approved underground pipe lines, septic tank disposal fields, conduits, electrical or communication facilities, and drilling or excavation for approved wells or post holes. Such work shall be backfilled and the - 5 - ? -rte F-1“: fl _ _ j1 yi T .,'c C 7 �N..Y 5t surface ',restored tofits original condition, including reseeding or otherwise restoring ,vegetation-on all disturbed earth surfaces .if slopes exceed 2 percent, as soon as :possible after such grading work is completed (f) -Excavations 'for soil or geological'investigations:by. a Geotechnical Engineer or Engineering Geologist.'.' Such,work shall be backfilled and shaped to the original contour of the land under the direction of the Geotechnical Engineer or Engineering Geologist as soon as possible after the - investigation. (g) Grading°in accordance with plans incorporated in an approved surface mining permit, reclamation plan, or sanitary landfill. (h) Maintenance of existing firebreaks and roads to keep firebreak or road substantially in its original "condition. (i) Routine cemetery 'excavations and fills (j) Performance of emergency work necessary to protect life or property when an urgent necessity therefor arises. The person performing such emergency work shall notify the Director of Public Works promptly of the problem and work required and shall apply for a permit therefor within ten calendar days after commencing,said work. , (k) Work done under a subdivision agreement, in which case, all of the provisions of this ordinance shall apply except the requirement for a permit. . Exemption from the requirement of a permit shall not be deemed to be permission to violate any provision of this ordinance. Section 5. GRADING. No person shall do or permit to be done any grading in such a manner that quantities of dirt, soil, rock, debris, or other material substantially in excess of natural levels are washed, eroded, or otherwise moved from the site, except as specifically provided for by a permit. Section 6. WATER OBSTRUCTION. No person shall do or permit to be done any grading which may obstruct, impede or interfere with the natural flow of storm waters, whether such waters are unconfined upon the surface of the land or confined within land depressions or natural drainage ways, unimproved channels or watercourses, or improved ditches, - channels, or conduits, in such manner as to cause flooding where it would not otherwise occur, aggravate any existing flooding condition or cause' accelerated erosion except where said grading is in accordance with all applicable laws, including but not limited to permit requirements. Section 7. SAFEGUARDING OF WATERCOURSES. Any proposed grading work which could result in a connection or discharge into or modification of the flow of a watercourse may, at the discretion of the Director of Public Works, require a separate permit under the provisions of the City of Dublin . Watercourse Protection Ordinance or the Alameda County Flood Control and Water Conservation District Permit Ordinance. Section 8. LEVEE WORK. No person shall excavate or remove any material from or otherwise alter any levee required for river, creek, or local drainage control channel, without prior approval of the local governmental agency responsible for the maintenance of the levee. Section 9. CONSTRUCTION IN PUBLIC RIGHTS OF WAY. No person shall perform any grading work within the right of way of a public road or street, or within a public easement, without prior approval of the Director of Public Works. Section 10. HAZARDS. Whenever the Director of Public Works determines that any grading on private property constitutes a condition which is a hazard to public safety, endangers property, adversely affects the safety, use, or stability of adjacent property, or an overhead or underground utility, or a public way, watercourse, or drainage channel, or could adversely affect the water quality of any water bodies or watercourses, the owner of the property upon which the condition is located, or other person or agent in control of said property, upon receipt of notice in writing from the Director of Public Works shall, within the period specified therein, abate such condition and render the grading in conformance with the requirements of this ordinance. The Director of Public Works may require,the submission of plans or soil or geological reports, detailed construction recommendations, or other engineering data prior to and in connection with any corrective or proposed work or activity. Section 11. NOT RETROACTIVE. This ordinance shall be prospective in operation only. The provisions of this ordinance shall not apply to existing construction for which all previously necessary permits were obtained. Said provisions shall also not apply to a project or development not yet constructed provided that a grading permit has been obtained and said permit bears a date prior to the effective date of this ordinance. Section 12. ADMINISTRATION. This ordinance shall be administered by the City of Dublin. ARTICLE 3. PROCEDURES Section 13. FILING. Applications for permits shall be filed with the Director of Public Works on forms furnished by his office. Each application shall include a plan checking fee and other fees as required, preliminary or final grading plans and a statement of the intended use of the site. The Director of Public Works may allow only one application and permit for grading work to be done on a site at one time. The Director of Public - 7 - vI J t Lj. r a - A f 5ti. F t f fi •� 7 Works shall:determine whether the application is completein accordance with ,,; provisions •of..Article 4 herein and;may require additional :information from the applicant before 'accepting the application as complete.• -R z } _ Section 14."'COMPLIANCE WITH :CEQA The California Environmental Quality Act (CEQA) may require the preparation of_environmental-_documents , concerning a proposed grading project. In such'event,-- the City of Dublin will be Responsible Agency,or' may function :as the Lead Agency. :.The=Director of Public Works will advise :the applicant "as toany;additional information required with the'permit `application. Section 15: REFERRAL TO OTHER PUBLIC AGENCIES. , The Director of Public Works may refer an. application to_other interested public=agencies':for ,- their recommendations. Section' 16. PERMIT CONDITIONS. -- (a) .,. No permit shall be.granted until the Director_of Public .Works =is :satisfied that a proposed project conforms with`' the`'City `of Dublin General Plan, any Specific Plans adopted '. theretand applicable City of Dublin ordinances, including,the Zoning Ordinance. .= . (b) Where a proposed grading project requires the filing of a tentative map or the intended use requires approval of a discretionary zoning permit, 'no grading permit shall be granted prior to approval by the applicable planning authority. (c) The permit shall be limited to work shown on the grading ' plans approved by the Director of Public Works. ' In granting a permit, the Director of Public Works may impose any condition deemed necessary to protect ,the health, safety, and welfare of the public, to prevent the creation of a nuisance or hazard to public or private property, and to assure proper completion of the grading, including but not limited to: (1) Mitigation of adverse environmental impacts. (2) Improvement of any existing grading to comply with the standards of this ordinance. (3) Requirements for fencing or other protection of grading which would otherwise be hazardous. (4) Requirements for dust, erosion, sediment, and noise control, hours of operation and season of work, weather conditions, sequence of work, access roads, and haul routes. 8 - • (5) Requirements for safeguarding watercourses from excessive deposition of sediment or debris in quantities exceeding natural levels., - (6) Assurance that the land area in which grading is proposed and for which habitable structures are proposed is not subject to hazards of land slippage or significant settlement or erosion and that •the hazards of seismic activity or flooding can be eliminated or adequately reduced. (7) Assurance that no grading will obstruct, impede, or interfere with the existing flow of storm waters in such a manner as to cause flooding, divert storm waters, and/or aggravate an existing condition. Section 17. PERMISSION OF OTHER AGENCIES OR OWNERS. No permit shall relieve the permittee of responsibility for securing other permits or approvals required for work which is regulated by any other department or agency of the City, or other public agency, or for obtaining any easements or authorization for grading on property not owned by the permittee. Section 18. LOCATION OF PROPERTY LINES. Whenever the location of a property line or easement or the title thereto is disputed during the application process or during a grading operation, a survey by a licensed Land Surveyor or Civil Engineer or resolution of title all at the expense of the applicant may be required by the Director of Public Works. Section 19. TIME LIMITS. V (a) The permittee shall perform and complete all the work required by the permit within time limits specified in the , permit. If the work cannot be completed within the specified time,..a request for an extension of time setting forth the reasons for the requested extension shall be presented in writing to the Director of Public Works no later than 30 days prior to the expiration of the permit. The Director of Public Works may grant additional time for the work. ' (b) If all the permit work required is not completed within the time limit specified in Subsection (a) above, no further grading shall be done without renewing the permit.. A written request for renewal shall be submitted to the Director of Public Works who may require a new application and fees depending on the time between the expiration date and the renewal request, revisions in City regulations, or changed circumstances in the immediate area. Any revised plan shall be submitted to the Director of Public Works for review, and any costs related thereto shall be at the applicant's expense. • - 9 - • Section 20. .VALIDITY. The issuance of a permit or approval of plans 'and specifications shall not be construed as an approval of any violation of the provisions of this ordinance or of any other applicable laws, ordinances, rules, or regulations and shall not prevent the Director of _ Public Works from thereafter requiring the correction of errors in said plans and specifications or from preventing work being carried on thereunder in violation of this ordinance, or any other applicable law, ordinance, rule, or regulation. Section 21. APPEALS. Appeals from decisions pursuant to this ordinance shall be made to the City Council in accordance with Section 7 of Ordinance 21-86. ARTICLE 4. PLANS AND SPECIFICATIONS - Section 22. APPLICATION - PLANS. Two or more complete sets of plans, as determined by the Director of Public Works, including but not - limited to profiles, cross sections, topographic maps, and specifications, - shall be submitted to the Director of Public Works with each application for a grading permit, or when otherwise required by the Director of Public Works, for enforcement of any provision of this ordinance. The Director of Public Works may waive some or all of these documents when in his judgment they are not necessary to the construction and inspection of this work. At the time of application, the applicant may provide preliminary grading plans. Prior to the issuance of a grading permit, the applicant must furnish final grading plans. Preliminary grading plans with appropriate changes and additions thereto may be accepted as final grading plans. When the final grading plans and other required documents have been approved, a grading permit will be issued by the Director of Public Works. The work shall be done in strict compliance with the approved plans and specifications which shall not be changed or altered except in accordance with the provisions o'f this article. Section 23. PRELIMINARY GRADING PLANS. Preliminary grading plans provide for review and determination of grading permit requirements prior to approval of final plans and issuance of a grading permit. Precise design at this stage is not required. The plans shall be clearly and legibly drawn and entitled "Preliminary Grading Plans," shall contain a statement of the purpose and proposed grading, and shall include the following, unless waived by the Director of Public Works. (a) On a map of appropriate scale, but not smaller than 1" _ - 100' : (1) A plan. entitled "Preliminary Grading Plan" and the - name and signature of preparer and date of preparation. (2) A vicinity sketch (not at map scale) indicating the location of the site relative to principal roads and watercourses in the area. - 10 - - (3) A site plan indicating the site of the work and any proposed divisions of land. (4) _ The complete site boundaries and locations of any easements and rights of way traversing and adjacent to the property, appropriately labeled and dimensioned. (5) The location of all existing and proposed roads, buildings, wells, pipelines, watercourses, and other structures, facilities, and features of the site, and the location of all improvements on adjacent land within 50 feet of the proposed work. (6) Location and nature of known or suspected soil or geologic hazard areas. (7) Contour lines of the existing terrain and proposed approximate finished grade at intervals not greater than five feet, showing all topographic features and drainage patterns throughout the area where proposed grading is to occur. The contour lines shall be extended to a minimum of 50 feet beyond the affected area, and further if needed to define intercepted drainage, and shall be extended a minimum of 50 feet beyond the affected area, and further if needed to define intercepted drainage, and shall be extended a minimum of 100 feet outside any future road rights of way. (8) Approximate location of cut and fill lines and the limits of grading for all the proposed grading work, including borrow and stockpile areas. A written description of offsite locations of said areas will suffice. - (9) Location, width, direction of flow, and approximate location of tops and toes of banks of any watercourses. (10) Approximate boundaries of any areas with a history of flooding. (11) Proposed provisions for storm drainage control and any existing or proposed flood control facilities or septic tank disposal fields in the vicinity of the grading. (12) A conceptual plan for erosion and sediment control including both temporary facilities and long-term site stabilization features such as planting or seeding for the area affected by the proposed - 11 - • grading - This requirement may be ,waived by tithe : _ • Director of Public"Works for sites having no,slopes • greater than five percent unless ,the large size of the site, its proximity;to sensitive areas, or other - conditions=make an'erosion or sediment discharge hazard;'possible (13) 'North arrow and scale (14) General;`location and character of vegetation covering. the site and the locations of trees with a trunk diameter of twelve inches 'or more, measured at a. point three feet-above average ground level, ,within,, the area to be disturbed by the proposed grading. - The plans shall:indicate which trees are proposed to remain and how they are to be protected. .. - (b) . Typical cross sections, (not leis than two) of all existing and proposed graded areas taken at intervals not exceeding 200 feet and at locations;of,maximum cuts and. fills. (c) An estimate of the quantities._of excavation and fill, • including quantities to be moved both on and off site. .(d) The estimated starting and completion dates of grading. (e) Such supplemental information as required for processing and approval of the design concept and the application as required by the Director of Public Works. Section 24. FINAL GRADING PLANS - ENGINEER REQUIRED. Final grading plans and specifications shall be, prepared and signed by a Civil Engineer, except as otherwise provided herein, on sheets at least 24" x 36". The plans shall include the following, in addition to all requirements for preliminary grading plans, unless waived by the Director of Public Works. (a) A title block. Plans shall be entitled"Grading Plan" and.. state the purpose of the proposed grading and the name of the engineer or firm by whom this plan is prepared. (b) Accurate contour lines at intervals not greater than five feet, showing topographic features and drainage patterns and the configuration of the ground before and after . grading, relative to a benchmark established on site. (c) Location, extent, and finished surface slopes of all proposed grading and final cut and fill lines. (d) Cross sections, profiles, elevations, dimensions, and construction details based on accurate field data. - 12 . (e) Construction details for roads, watercourses, culverts, bridges and drainage devices,, retaining walls, cribbing, dams, and other improvements existing or to be constructed, together with supporting calculations and maps as required. (f) - Complete construction specifications. • (g) A detailed erosion and sediment control plan including specific locations, construction details, and supporting calculations for temporary and permanent sediment control structures and facilities, when required by the Director of Public Works. (h) A landscaping plan, when required by the Director of Public Works, including temporary erosion control plantings, permanent slope plantings, replacement of temporary groundcover, and irrigation facilities. (i) An estimate of the quantities of excavation and fill, adjusted for anticipated swell or shrinkage. (j) The location of any borrow site or location for disposal of surplus material, together with the proposed haul routes. -(k) A projected schedule of operations, including, as a minimum, the dates of: (1) Commencement of work. (2) Start and finish of rough grading. (3) Completion of drainage facilities. (4) Completion of work in any watercourse. (5) Completion of erosion and sediment control facilities. (6) Completion of hydromulching and other landscaping. If rough grading is proposed between October 1 and April 15, a more detailed schedule of grading activities and the use of erosion and sediment control facilities may be required. (1) Itemized cost estimate of the proposed grading and related work. (m) Other information as may be required by the Director of Public Works. - 13 - Section 25. ENGINEER NOT REQUIRED. All plans and specifications shall be prepared and signed by a Civil -Engineer except that the Director of Public Works may waive this requirement if the grading is minor in nature; . would not endanger the public health, safety or welfare as determined by the Director of Public Works; and would not involve or require any of the following: (a) Cuts and fills with a combined total of 1500 cubic yards or more. (b) An access road serving three or more existing or potential residences. (c) A cut or fill that is .intended to support structures. - (d) A cut or fill that is located so as to cause unduly increased pressure or reduce support upon any adjacent structure or property., (e) The construction of any extensive drainage or sediment control structures, culverts, or facilities or alteration of any existing drainage course. (f) The creation or aggravation of an unstable slope condition. Section 26. SEASONAL REQUIREMENTS. Implementation of erosion and sediment control plans shall be based on the season of the year and the stage of construction at forecasted periods of rainfall and heavy storms. Erosion and sediment control plans shall allow for possible changes in construction scheduling, unanticipated field conditions, and relatively minor changes in grading. Modifications to plans may be required after initial plan approval. Section 27. DISTRIBUTION. AND USE OF APPROVED PLANS. Two sets of approved plans and specifications shall be delivered to the Director of Public Works and one or more sets of approved and dated plans and specifications shall be delivered to the applicant by. his engineer. One set of approved plans and permit shall be retained on the site by the contractor at all times during the work. ARTICLE 5. PERMIT REQUIREMENTS. Section 28. GENERAL. The Director of Public Works may deny the issuance of a grading permit if final grading plans fail to satisfy the provisions of this ordinance or any of the conditions imposed. The Director .of Public Works shall identify the provision, requirement or condition which ' has not been met or performed by the applicant. Section 29. FEES. (a) The schedule of fees and costs shall be those established and adopted by the City Council from time to time by resolution. Before a permit is issued, the applicant shall - 14 - . deposit with the Director of Public Works cash or a certified or cashier's check, in a sufficient sum to cover the fee for issuance of the permit, charges for review of - plans, specifications and reports, other engineering services, field investigations, necessary inspection or - other work and routine laboratory tests of materials and compaction, all in accordance with schedules established and adopted by, the City Council. (b) No permit fee shall be required of public agencies, however, a fee for plan-checking and inspection may be required at the discretion of the Director of Public Works. (c) Public utilities may, at the option of the Director of Public Works, make payment for the above charges as billed by the Director of Public Works instead of by advance deposit as required above. (d) If, upon completion of any work under a permit .there remains any excess of deposit or of fees or charges, the Director of Public Works shall certify the same to the Finance Director for refund to the permittee or refund the same from any trust fund established under his jurisdiction for such purposes. (e) If, upon completion of any work under a permit there is an insufficient deposit to cover the cost of the work, the permittee shall reimburse the amount equal to the cost deficit. (f) If grading work is done in violation of this ordinance or such work is not done in accordance with an approved permit, a fee covering investigation of any violation and inspection and plan checking of work required to correct such violation shall be charged to the violator to cover all actual costs. V Section 30. GEOTECHNICAL INVESTIGATION REQUIRED. A soil or geologic investigation report shall accompany the application in any of the following circumstances: (a) When the proposed grading includes a cut or fill exceeding five feet in depth at any point and the slope of the natural ground within 30 feet of the cut or fill exceeds ten percent. - (b) When highly expansive soils are present. (c) In areas of known or suspected geological hazards, . including landslide hazards and hazards of ground failure. stemming from seismically induced ground shaking. - 15 - . (d) When the Director of Public Works deems that a soil or geotechnical investigation is necessary to insure that the work will not constitute a condition which is or would be a hazard to public safety, endangers property, or adversely affects the safety, use or stability of adjacent property. Section 31. INVESTIGATIONS. Those portions of the soil or geologic investigation that constitute "civil engineering" as defined by Section 6734 of the Business and Professions Code of the State of California shall be conducted by a Geotechnical Engineer or a Registered Civil Engineer proficient in geotechnical engineering. Those portions of the investigation that involve the practice of "geology" as defined by Section 7802 of the Business and Professions Code of the State of California shall be conducted by an Engineering Geologist. The investigations shall be based on observation and tests of the material exposed by exploratory borings or excavations and inspections made at appropriate locations. Additional studies may be necessary to evaluate soil and rock strength, the effect of moisture variation on soil, bearing capacity, compressibility, expansiveness, stability, and other factors. Section 32. REPORTS - GENERAL. Any soil or geologic investigation report shall be subject to the review of, and supplemental reports and data may be required by, the Director of Public Works. Recommendations included in the reports and approved by the Director of Public Works shall be incorporated in the final plans and specifications. Section 33. SOIL/GEOLOGIC INVESTIGATION REPORT. The soil or geologic investigation report shall contain all of the following as they may be applicable to the subject site: (a) An index map showing the regional setting of the site. (b) A site map showing the topographic features of the site and locations of all soil borings and test investigations. (c) A classification of the soil types (Unified Soil Classification) ; pertinent laboratory test data; and consequent evaluation regarding the nature, distribution, and strength of existing soils. (d) A description of the geology of the site and the geology of the adjacent areas when pertinent to the site. (e) A suitably scaled map and cross sections showing all identified areas of land slippage. (f) A description of the groundwater conditions if they exist, and an evaluation with recommendations if mitigation of groundwater conditions is needed. - 16 - (g) A description of the soil and geological investigative ' techniques employed. (h) A log for each soil boring and test excavation showing elevation at ground level and. the depth of each soil or rock .strata. (i) An evaluation of the stability of pertinent natural slopes and any proposed cut and fill slopes. . (j) An evaluation of settlement associated with the placement of any fill. (k) Recommendations for grading procedures and specifications, including methods for excavation and subsequent placement of fill. ' (1) Recommendations regarding drainage and erosion control. (m) Recommendations for mitigation of geologic hazards. (n) An evaluation of the geologic suitability of any location . of a proposed septic disposal field. (o) A recommendation as to the allowable soil pressure to be used in design of any proposed building or structure. (p) A recommendation as to the lateral soil pressure to be used in the design of retaining or basement walls if any such walls are proposed. (q) A recommendation as to the design of foundations if such foundations are proposed to be located partly on natural soil and partly on fill soil. (r) A professional engineering and geologic opinion as to the safety of the site from the hazards of land slippage, erosion, settlement or seismic activity. - Section 34. FINAL REPORT. Upon completion of rough grading work, a final geotechnical report shall be prepared that includes, but is not necessarily limited to the following: (a) A complete record of all field and laboratory tests including location and elevation of all field tests. (b) A professional opinion regarding slope stability, soil bearing capacity, and any other pertinent information. (c) Recommendations regarding foundation design, including soil bearing potential, and building restrictions or setbacks from the top or toe of slopes. - 17 - h �+' 1 `t & d3 1 � E -5 -t! (d) A declaration by the Geotechnical Engineer or Engineeringf a Geologist in :the format required by the Director:,of.Public Works that all work was done in. substantial accordance with the -recommendations contained in the soil or geologic investigation reports as approved- andin -accordance with -the approved plans and specifications. Section 35. CHANGED CONDITIONS. Where soil or geologic conditions encountered in the grading operation deviate from that anticipated in the soil and geologic investigation reports or where such conditions warrant changes to the recommendations contained in the 'original soil investigation, a revised soil or -geologic:report shall be submitted for the approval of the Director of Public Works: Section 36. SPECIAL INSPECTION. = (a) The permittee shall provide a private Geotechnical Engineer to perform-continuous inspection work for all grading, subdrains, and trench backfill," and upon completion of the work, provide a written statement acknowledging that he has inspected the work and that in his professional judgment the work was performed in accordance with his recommendations and the approved plans and specifications. The permittee shall make his own contractual arrangements for such services and be responsible for payment of all costs. For small grading projects, the permittee may request in writing a waiver from continuous inspection where sufficient soil compaction tests can be and are made to insure compliance to the geotechnical engineer's - recommendation and the plans, and specifications. - The Director of Public Works may, at his discretion, grant this waiver, which waiver shall be made in writing. (b) Reports filed by the private Geotechnical Engineer regarding special inspection shall state in writing that from his personal knowledge. the work performed during the period covered by the report has been performed in substantial accordance with his recommendations and the approved plans and specifications. .• (c) The use of a private Geotechnical Engineer for inspections shall not preclude the Director of Public Works from conducting inspections using his or other authorized inspectors as may be necessary. Section 37. NON-COMPLIANCE NOTIFICATION BY PRIVATE GEOTECHNICAL ENGINEER. The permittee shall cause the work to be done in accordance with the approved plans. If during the course of construction the private Geotechnical Engineer finds that the work is not being done substantially in accordance with the approved plans and specifications, he shall immediately notify the person in charge of the work and.the Director of Public Works of - 18 - y .: sT J-� 3- f-ry a _ zta •5. .-�'3 ��, rte. K,, r I the non conformity and the corrective measures to be�`taken When changes in the plans are required, he shall prepare-such'proposed changes and _submit them to the Director of Public Works for approval z7 Section 38. .�PERIODIC PROGRESS REPORTS -BY PRIVATE GEOTECHNICAL ENGINEER. ., Periodic progress reports` shall be-rendered by the private Geotechnical Engineer as required by the Director of Public Works including; :', but not limited to, laboratory tests, slope stability,' placement of : materials, retaining walls, drainage, utilities and any special permit or plan requirements. ' Section 39. PROGRESS REPORT BY PERMITTEE Periodic progress reports shall be rendered by permittee on specified calendar ,,dates, and at..', commencement and completion of major key grading and erosion and sediment control operations. The dates of operations upon which such reports are required and their content shall be as required by the Director of Public Works in the permit. _ _ Section 40. SUBMIT "AS-BUILT" PLAN.'`,.Permittee shall submit to the Director of Public Works an "As-Built" grading plan following completion of grading operations. Section 41. PERFORMANCE OF WORK - INSPECTION. _ The Director of Public Works may inspect any work done pursuant to a permit under this Ordinance. No permittee shall be deemed to have complied with this Ordinance until a final inspection of'the work has been made by the Director of Public Works and he has acknowledged in writing that the work has been completed in accordance with all requirements and conditions of the permit. The permittee . shall provide adequate access to the site for inspection by the Director of Public Works during the performance of all work and for a minimum period of one year after acceptance by the-Director of Public Works of all improvements pursuant to Subsections 63 (b) and 63 (c)__herein. . . Section 42. OTHER RESPONSIBILITIES OF PERMITTEE. The permittee shall also be responsible for the following. . (a) . Protection of Utilities. The permittee shall be responsible for the prevention of damage to any public utilities or services. (b) Protection of Adjacent Property; The person doing or causing the grading is responsible for the prevention of damage to adjacent property. No person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property, without supporting and protecting such property from damage which might result. (c) Advance Notice. The permittee shall notify the Director of Public Works at least 48 hours prior to the start of work. - 19 - . 1".:;;;:,,7 t 7 r 'h` (d) ;;; .Erosion and "Sediment Control.: It shall'be they -responsibility-,of the _permittee for prevent discharge of sediment from'the site in quantities .greater .than before grading occurred, to any watercourse, drainage system, or " adjacent'property 'and to protect watercourses and.-adjacent properties from damage by erosion, flooding,:'or :deposition which may result from` the permitted grading. Permittee shall implement:'all measures necessary to discharge:;this responsibility even if such measures exceed the requirements of an approved Erosion and Sediment Control Plan prepared pursuant to this Ordinance. Section 43. TRANSFER OF PERMIT. No permit issued under this Ordinance may be transferred or assigned in any manner.whatsoever, voluntarily or by operation of law, 'without- the express consent of the Director of Public Works: ARTICLE 6. DESIGN STANDARDS Section 44. EXCAVATION. Excavations shall be constructed or protected so that they do not endanger life or property. Section 45. EXCAVATION SLOPE. The slope of cut surfaces of permanent excavations shall not be steeper than two horizontal to one vertical exclusive of terraces and exclusive of roundings described herein' Steeper slopes may be permitted in competent bedrock provided such slope inclinations are in accordance with recommendations contained in the geotechnical or geological report. The bedding planes or.principal joint sets in any formation when dipping towards the cut face shall not be daylighted by the cut slope unless the soils and geologic investigations contain recommendations for steeper cut slopes. The Director of Public Works may require the excavation to be made with a cut face flatter in slope than two horizontal to one vertical if necessary for stability and safety. Cut slopes shall be rounded into the existing terrain both horizontally and vertically to produce a contoured transition from cut face'to natural ground. Section 46. FILL PLACEMENT. Fills shall be constructed in layers. The loose thickness of each layer of fill material before compaction shall not exceed eight inches. Completed fills shall be stable masses of well-integrated material bonded to adjacent materials and to the materials on which they rest. Fills shall be competent to support anticipated loads and be stable at the design slopes, shown on the plans. Proper drainage and other appropriate measures shall be taken to ensure the continuing integrity of fills. Earth materials shall be used which have no more than minor amounts of organic substances and have no rock or similar irreducible material with a maximum dimension greater than six inches. Section 47. FILL COMPACTION. All fills shall be compacted throughout their full extent to a minimum of 90 percent of maximum density as determined by appropriate ASTM standard method or other alternate methods approved by the Director of Public Works. Tests to determine the density of - 20 - r ' r S 2�(• _ � �:4 1 I t _ a," compacted fills shall be made on the basis`. of mat-less-than One "test for each two-foot vertical lift of .the fill but ":not less "-than one :.test =for each"1,000 cubic yards of material'placed Additional:density tests at a'point, approximately one-foot-:below 'the .fill slope':'surface'shall be "made on the - basis of not.less than one_test for each l,000 'square,..`:feet" in "slope=.'surface ' but not less than one test for each ten-foot vertical increase of slope height. .- Additional tests may be required throughout the fill _as determined by the inspector for the Director of Public Works. All -tests shall be reasonably uniformly distributed within the fill and fill slope surface:'' Results of such testing and location of tests shall be presented in the periodic and final reports.,,="Compaction may be less than 90 percent of • maximum density, as determined by the above test, within six inches :of the slope surface when such surface material is placed and compacted by 'a method ::" . acceptable to the Director 'of Public Works for the planting of slopes. Compaction of temporary storage fills, to be used for a period of not greater than six months, shall not be required, except where the DirectOr of Public .. Works determines that compaction is necessary as a safety measure to aid in . preventing saturation, sliding, or erosion of the fill. Where compaction of temporary storage fills is required, it shall be done as specified by the Director of Public Works. • • " Section 48. GROUND PREPARATION FOR FILL PLACEMENT. The natural " ground surface shall be prepared to receive fill by removing vegetation, non-complying fill, top soil, and other unsuitable material, and where slopes are five horizontal to one vertical or steeper, by benching into competent material in manner acceptable to the Director of Public Works. The keyway under the toe, if specified, :shall be at least ten feet wide. Section 49. FILL SLOPES. The slope of permanent fills shall not be steeper than two horizontal to one vertical exclusive of terrances and exclusive of roundings described herein. The Director of Public Works may require that the fill be constructed with an exposed surface flatter than two horizontal to one vertical or may require-such other measures as he deems necessary for stability and safety. Fill slopes shall be rounded into existing terrain to produce a contoured transition from fill face to natural ground or to abutting cut or fill surfaces where conditions permit. _. Section 50. ADJACENT STRUCTURES PROTECTION. Footings which may be affected by any excavation shall be underpinned or otherwise protected against settlement and shall be protected against lateral movement. Fills or other surcharge loads shall not be placed adjacent to any building or. structure unless such building or structure is capable of withstanding the additional loads caused by such fill or surcharge. The rights of coterminous owners shall be as set forth in Section 832 of the Civil Code of the State of California. Section 51. SETBACKS - GENERAL. Unless otherwise recommended in a soil and geologic investigation report, Figures 70-1 and 70-2 on Page 720 of the 1985 Uniform Building Code or similar provisions as provided for in adopted successor code shall be used for establishing setbacks for property boundaries, buildings and structures other than fences and retaining walls. - 21 - � { r F 5 • e 1 Z • S �� lC Y 7 Section 52 DRAINAGE IGENERAL The drainage structures'and - devices required by-...this. Ordinance=shall be -.designed:and:;constructed in accordance with standards and criteria authorized by_;the Director of Public Works. , Section 53. DRAINAGE - DISPOSAL REQUIREMENTS. .: All drainage facilities shall be designed to carry surface and subsurface waters;:to'.the nearest adequate street, 'storm drain, natural watercourse, or other-juncture,` and shall be subject to :the`review of the Director of Public Works. ' Section '54. 'DRAINAGE WATER ACCUMULATION. `-All areas shall be graded and drained so that water will not pond or accumulate. Drainage shall be effected in such a manner that it will_ not'cause erosion or endanger the stability of any cut or fill slope or any .building`or structure Section 55. DRAINAGE PROTECTION OF ADJOINING PROPERTY.' When . surface drainage is discharged onto any adjoining property, it shall be discharged in such a manner that it will, not cause erosion or endanger any cut or fill slope or any building or structure.` _: _.= Section 56. TERRACE DRAINAGE. Unless otherwise alloyed by the Director of Public Works, --terraces at -least eight feet in width shall be established at not more than 25 feet in height intervals for all cut and fill slopes exceeding 30 feet in height. . Where only one terrace is required, it shall be at approximately mid-height. Suitable access shall be provided to permit proper cleaning and maintenance of terraces and terrace drains. Swales or ditches on terraces shall have minimum depth of one foot,' 'a minimum longitudinal grade of four percent, a maximum longitudinal grade of twelve percent, and must be paved with reinforced concrete not less than - three inches in thickness or an approved equivalent paving. Down-drains or drainage outlets shall be provided at approximately 300-foot intervals along the drainage terrace. Down-drains and drainage outlets shall be of approved materials and of adequate capacity to convey the intercepted waters to the point of disposal. If the drainage discharges onto natural ground, adequate erosion protection shall be provided. Section 57. SUBSURFACE DRAINAGE. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability. Section 58. EROSION AND SEDIMENT CONTROL. The following shall apply to the control of erosion and sediment from grading operations: . (a) Grading plans shall be designed with long term erosion and sediment control as a primary consideration. (b) No grading operations shall be conducted during the rainy season except upon a clear demonstration, to the satisfaction of the Director of Public.Works, that at no stage of the work will there be any substantial risk of increased sediment discharge from the site. . - 22 - (c) Should grading be "permitted during the rainy season, the smallest practicable area of erodible land shall be exposed at any one time during grading operations and the time of exposure shall be minimized. (d) .Natural features, including vegetation, terrain, watercourses, and similar resources, shall be preserved wherever possible. Limits of grading shall be clearly defined and marked to prevent damage by construction equipment. (e) Permanent vegetation and structures for erosion and sediment control shall be installed as soon as possible. (f) Adequate provision shall be made for long-term maintenance of permanent erosion and sediment control structures and vegetation. (g) No topsoil shall be removed from the site unless otherwise directed or approved by the Director of Public Works. Topsoil overburden shall be stockpiled and redistributed within the graded area after rough grading to provide a suitable base for seeding and planting. Runoff from the stockpiled area shall be controlled to prevent erosion and resultant sedimentation of receiving water. (h) Runoff shall not be discharged from the site in quantities or at velocities substantially above those which occurred before grading except into drainage facilities whose design has been specifically approved by the Director of Public Works. (i) Permittee shall take reasonable precautions to ensure that vehicles do not track or spill earth materials into public streets and shall immediately remove such materials if this occurs. Section 59. EMERGENCY CONDITIONS. Should increased sediment discharge occur or become imminent, permittee shall take all necessary steps to control such discharge. Such steps may include construction of additional facilities or removal or alteration of facilities required by approved erosion and sediment control plans. Facilities removed or altered shall be restored as soon as possible afterward or appropriate changes in the plan shall be immediately requested pursuant to this Ordinance. Permittee shall take prompt action to resolve emergency problems; otherwise the Director of Public Works may institute abatement proceedings pursuant to provisions of Section 65 herein. Section 60. EROSION AND SEDIMENT CONTROL PLANS. Erosion and sediment control plans prepared pursuant to this Ordinance shall comply with all of the following: - 23 - •-,� L S � Iif � 1, � (a) The erosion and sediment control plan need not be a separate sheet if all -facilities and `measures can be shown on the grading sheets without'obscuring 'the .clarity of either the grading plan-or the erosion and sediment control - plan (b) An erosion and sediment control plan shall be required whenever: (1) The graded portion of the site includes more than 10,000 square feet of area having a slope greater than five percent. (2) - There is a significant risk that more than 2,500 square feet will be unprotected or inadequately protected from erosion during any portion of the rainy season. (3) Grading will occur within 20 feet of any watercourse. (4) The Director of Public Works determines that the grading will or may pose a significant erosion or. sediment discharge hazard for any reason. ,(c) The applicant shall submit, with his erosion and sediment control plans, a detailed cost estimate covering this work. (d) Erosion and sediment control plans shall include an effective revegetation program to stabilize all disturbed areas which will not be otherwise protected. All such areas where grading has been completed between April 1 and October. 1 shall be planted by October 15. Graded areas completed at other times of the year shall be planted within 15 days. If revegetation is infeasible or cannot be . expected to stabilize an erodible area with assurance during any part of the rainy season and the unstable area exceeds 2,500 square feet, additional erosion and sediment control measures or irrigation of planted slopes may be required as appropriate to prevent increased sediment discharge. (e) Erosion and sediment control plans shall be designed to prevent increased discharge of sediment at all stages of grading and development from initial disturbance of the ground to project completion. Every feasible effort shall be made to ensure that site stabilization is permanent. If grading occurs in distinct phases or the site will remain unstable through more than one rainy season, more than one set of plans may be required. Plans shall indicate the implementation period and the stage of construction where applicable. - 24 - ' ' • (f) Erosion and sediment control plans shall comply with the recommendations of the Civil Engineer, Geotechnical Engineer, Engineering Geologist, and/or Landscape Architect involved in preparation-of the grading plans. (g) The structural and hydraulic adequacy of all storm water containment or conveyance facilities shown on the erosion and sediment control plans shall be verified by a Civil Engineer, and he shall so attest on the plans. Sufficient calculations and supporting material to demonstration such adequacy shall accompany the plans when submitted. (h) Erosion and sediment control plans shall provide for inspection and repair of all erosion and sediment control facilities at the close of each working day during the rainy season and for specific sediment cleanout and vegetation maintenance criteria. (i) Erosion and sediment control plans shall provide for inspection and repair of all erosion and sediment control facilities at the close of each working day during the rainy season and for specific sediment cleanout and vegetation maintenance criteria. (j) Erosion and sediment control plans shall comply with any and all standards and specifications adopted by the Director of Public Works for the control of erosion and sedimentation on grading sites. (k) When a graded site is exposed to rains, the contractor performing the grading work and/or the property owner shall provide for labor and equipment in emergency situations caused by rain. The Director of Public Works may. waive the -requirement for an erosion and sediment control plan if, in his opinion, no significant erosion or sediment discharge hazard exists. Section 61. VEHICULAR WAYS - GENERAL. Vehicular ways shall conform to the grading requirements of this Ordinance. Section 62. VEHICULAR WAYS - DRAINAGE. Vehicular ways shall be graded and drained in such a manner that will not allow erosion or endanger the stability of any adjacent slope. Surface discharge onto adjoining property shall be controlled in such a manner that it does not cause erosion. - 25 - ARTICLE 7. IMPROVEMENT SECURITY Section 63. SECURITY REQUIRED. (a) As a condition for the issuance of a permit, the Director -of Public Works may require the deposit of improvement security in sufficient amount deemed necessary by him to assure faithful performance of the work or the cost of removing the work or otherwise reconstructing or restoring a site to conditions existing prior to such work in the event of default on the part of permittee or, in the case of a subdivision, where the permittee does not proceed with preparation and obtaining the approval of a Final Map. Said security shall be in the form of cash, a certified or cashier's check, a letter of credit, or a faithful performance bond executed by the applicant and a corporate surety authorized to do business in this State. (b)- In the case of subdivisions, the improvement security shall remain in effect until one year after final inspections have been made, all grading work and subdivision improvements have been accepted by the City Council, and all other requirements of the subdivision contract have been satisfied. This security shall be extended if, after a one-year maintenance period has expired, defects in the improvements have not been corrected. Once the defects have been corrected to the satisfaction of the Director of Public Works, the Director of Public Works will write a letter releasing the securities. - (c) For projects other than subdivisions, the improvement security shall remain in effect until one year after final. inspections have been made and all grading work has been acknowledged as being complete by the Director of Public Works. - - (d) After acceptance or acknowledgement of completion, the Director of Public Works shall allow the reduction of the security to a sufficient amount deemed necessary by him to guarantee and maintain the grading work to assure the proper functioning of drainage systems and adequate erosion and sedimentation control. Said maintenance security shall be in the form of cash, a certified or cashier's check, a letter of credit, or a faithful performance bond executed by the applicant and a corporate surety authorized to do business in this State and shall remain in effect for a period of one year after the date of acceptance or acknowledgement as designated in Subsections (b) and (c) above. 0 - 26 - (e) Any bond or deposit required by the Director of Public Works pursuant to this. Ordinance shall be payable to the City of Dublin. (f) Upon satisfaction of applicable provisions of this -Ordinance, the improvement and maintenance security deposits or bonds will be released. However, upon failure to complete the work, failure to comply with all of. the terms of the permit, or failure of the completed site to function properly to provide proper drainage or erosion and sedimentation control, the City may do the required work or cause it to be done and collect from the permittee or surety all costs incurred thereto, including, but not limited to, administrative, legal, design, construction management, and inspection costs. Any unused portion of a deposit or bond shall be refunded to the permittee after deduction by the City of the cost of the work. ARTICLE 8. INSURANCE REQUIREMENTS Section 64. INSURANCE REQUIRED. Concurrently with the duration of the permit, permittee shall furnish the City with evidence of insurance coverage as specified below. ,(a) Worker's Compensation Insurance. Statutory coverage as required to cover the full liability of permittee in accordance, with the provisions of Division IV of the Labor Code of the State of California, and an employer's liability insurance coverage with a limit of not less than $100,000 per occurrence to cover any claims arising from employment not covered by worker's compensation laws. (b) Comprehensive General Liability Insurance. Minimum limits of liability shall not be less than $1,000,000 per occurrence, combined single limit bodily injury and property damage coverage; any deductible provision shall not exceed $1,000 per claim and each and every policy must contain a cross liability or severability of interests clause. (c) Comprehensive Automobile Liability Insurance. Minimum limits of liability shall be not less than $1,000,000 per occurrence combined single limit bodily injury and property damage coverage; coverage shall include owned, non-owned, and hired vehicles, and each and every policy must contain a cross liability or severability of interests clause. - 27 - • • (d) Other Requirements. All insurance policies shall be issued by a company legally licensed to transact business in the State of California, shall be issued at permittee's own cost and expense, shall be maintained by permittee in full -force and effect during the life of the permit, and must have an "A.M. BEST" rating of B+, X, or. better. All certificates of insurance shall name the City and its officers, agents, and employees as additional insureds, shall contain a provision that a written notice of cancellation or reduction in coverage shall be furnished to the City ten (10) days in advance of the effective date thereof, and shall state that such coverage is primary to any other coverage of the City. ARTICLE 9. ENFORCEMENT Section 65. SUSPENSION AND REVOCATION OF PERMIT. The Director of Public Works may suspend or revoke a permit for good cause, subject to appeal to the City Council as provided in Section 7 of Ordinance 21-86. . However, no work shall be performed pending appeal except as authorized by the ,Director of Public Works. Section 66. ABATEMENT. Whenever the Director of Public Works determines that any hazard exists, such as is described in Section 59 herein, or that any violation- of this Ordinance exists, any such condition or violation may be declared to be a public nuisance and may be abated pursuant to the provisions of Chapter 7 of City of Dublin Ordinance -87. Section 67. INJUNCTION. The City Attorney, at the direction of the City Council, shall, or in the case of an emergency, at the request of the Director of Public Works, may,_ petition the Superior Court for the issuance of a temporary restraining order, temporary injunction, or permanent injunction, or combination thereof, as may be appropriate, requiring any person not complying with this Ordinance to comply therewith. ' Section 68. NONEXCLUSIVE REMEDIES. The remedies provided herein are not exclusive, and are in addition to any other remedy or penalty provided by law for violation of this Ordinance. . ARTICLE 10. ADDITIONAL PROVISIONS Section 69. ENFORCEMENT OFFICIAL. The Director of Public Works shall enforce the provisions of this Ordinance. Section 70. RIGHT OF ENTRY. Whenever necessary to enforce the provisions of this Ordinance, the Director of Public Works may enter the premises at all reasonable times in the manner provided by. law to perform any duty imposed by this Ordinance. If such entry is refused, the Director of Public Works shall have recourse to every remedy provided by law to secure entry. - 28 - � a 't - pis g .. 1—"� .r t{ s + .t Section'71. STOP WORK ORDERS. Whenever any-work-is being done contrary to the provisions of this,:Ordinance or any otherapplicable=:law, ordinance, rule, or regiilation, the Director of`Public Works may order the work stopped by serving written notice on any persons engaged in; doing; or causing such work-to be done Any such person shall forthwith stop-such-work until authorized by:the -Director of Public .Works=.to proceed with- the work. If there are no persons present on the premises,-the notice may be posted in a conspicuous place:" The -notice shall state the nature of the violation. ' Any person violating a stop work order shall be guilty of a misdemeanor. '. _ Section 72. LIABILITY. Neither issuance- of a permit.under. the provisions of this Ordinance nor compliance with the provisions hereof or with any conditions imposed in a permit issued hereunder shall- relieve Any person from responsibility for damage 'to•.any.person 'or property or impose any liability upon the City of Dublin for damage-to any person or property. Section 73:- DENIAL OF OTHER PERMITS:` No building permit,-'septic tank, water, sewer, electrical permit, or any other permit shall be issued by the City to any person for `any premises or portion_thereof which is in violation of this Ordinance and which violation is not corrected or approved . for correction by the Director of Public Works. Section 74. NOTICE TO ADJACENT OWNERS. Upon the filing of an application,for a permit, the Director of Public Works may notify by mail the owners of property abutting -the site, as shown on the latest equalized assessment roll, that an- application-for a grading permit has been submitted pursuant to this Ordinance, that they may comment at any stage of the procedure, and may file an appeal of a decision of the Director of Public Works to the City Council, -pursuant- to the provisions of Section 7 of Ordinance 21-86. Section 75. SEVERABILITY. If any section, subsection, paragraph, subparagraph, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the. remaining portions of this Ordinance; and the City.Council declares that this Ordinance and each section, subsection, paragraph, subparagraph, sentence, clause, and phrase thereof would have been adopted irrespective of the fact that one or more of such section, subsection, paragraph, subparagraph, sentence, clause or phrase be declared invalid or unconstitutional. Section 76. REPEAL. City of Dublin Ordinance 82-19 is hereby . repealed. 1 -=;;;;.;': Section 77.°`EFFECTIVE DATE AND.POSTING OF ORDINANCE.';;;.... Ordinance shall take effectand.be,:in:force:thirty_.(30),days from°and after . • the date of its passage. The :City Clerk of the'''City:'of_�Dublin"shall":cause • this Ordinance a to'be posted in at least three';(3) public::places in~`the`City • of Dublin in accordance with Section 36933 of the'Government Code of the '. State of California. PASSED AND ADOPTED by the City Council ,of 'the 'City of'Dublin on this th day of • AYES: _ NOES: ABSENT: . Mayor._ _ ATTEST: City Clerk • 30 _ .