HomeMy WebLinkAboutItem 7.2 Grading Regulations (2) ®
1000- CD
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN
PROVIDING FOR THE ADOPTION
OF CERTAIN
COUNTY OF ALAMEDA ORDINANCES
ADOPTED BY DUBLIN ORDINANCE NO. 1
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS :
Section 1. CERTAIN COUNTY ORDINANCES
The following ordinances only of the County
of Alameda are hereby adopted by the City of Dublin
and shall be continued in effect for an indefinite
period:
Title 7 • Chapters 9 and 10
PASSED AND ADOPTED by the City Council of
the city of Dublin on this day of , 1982
by the following votes :
AYES :
NOES :
ABSENT:
Mayor
Attest:
By
City Clerk
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ORDINANCE NO. 82 - 1 7
AN ORDINANCE ESTABLISHING MINIMUM STANDARDS AND PROVIDING
REGULATIONS FOR GRADING, CONSTRUCTION AND MAINTENANCE OF
LAND FILLS AND EXCAVATION AND FOR CONTROL OF EROSION AND SEDIMENT
The Board of Supervisors of Alameda County, State of California, do ordain as
follows:
SECTION 1
CHAPTER 9 (Commencing with Section 7-110.0) is hereby added to Title 7
of the Ordinance Code of the County of Alameda to read as follows:
CHAPTER 9
GRADING, EROSION AND SEDIMENT CONTROL
ARTICLE 1 . PURPOSE AND DEFINITIONS
Sec. 7-110.0 Title: This Chapter shall be known as the Grading Ordinance of
Alameda County.
Sec. 7-110.1 Purpose: This Chapter is enacted for the purpose of regulating
grading on private property within the unincorporated area of Alameda County 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 Alameda County General Plan,
any Specific Plans adopted thereto and applicable Alameda County Ordinances
including the Zoning Ordinance.
Sec. 7-110.2 Definitions: Unless the particular provision or the context
otherwise requires, wherever the following terms are used in this Chapter, 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.
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(e) COMPACTION is the increase of density of a soil or rock fill by
mechanical means.
(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.
(1) DIRECTOR OF PUBLIC WORKS is the Director of Public Works of Alameda
County, California, acting either directly or through his 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 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.
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(u) GEOTECHNICAL ENGINEER is a Civil Engineer registered by the State
of California who is qualified in the field 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 land 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 Chapter
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 Chapter
authorizing certain grading work.
(ff) PERMITTEE is any person to whom a permit is issued pursuant to this
Chapter.
(gg) PERSON is any natural person, firm, corporation or public agency
whether principal , agent, employee, or otherwise.
(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 Chapter, the
rainy season is defined as from October 1 to April 15, inclusive.
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(jj) ROUGH GRADE is the stage at which the grade approximately conforms
to the approved plan. It is also the subgrade required for con-
struction 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 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.
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ARTICLE 2. GENERAL REQUIREMENTS
Sec. 7-111.0 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
unincorporated area of Alameda County without a valid permit obtained from the
Director of Public Works.
Sec. 7-111.1 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.
(3) Do 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 surface restored to its 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 the firebreak
or road substantially in its original condition.
(1) Routine cemetery excavations and fills.
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(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.
Exemption from the requirement of a permit shall not be deemed to be
permission to violate any provision of this Chapter.
Sec. 7-111.2 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.
Sec. 7-111.3 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.
Sec. 7-111.4 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 Alameda County Watercourse Protection Ordinance or the
Alameda County Flood Control and Water Conservation District Permit Ordinance.
Sec. 7-111.5 Levee Work: No person shall excavate or remove any material from
or otherwise alter any levee required for river, creek, bay, or local drainage
control channel , without prior approval of the local governmental agency responsible
for the maintenance of the levee.
Sec. 7-111.6 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.
Sec. 7-111.7 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, water-
course 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 Chapter. The Director of Public Works may require the
submission of plans or soil or geological reports, detailed construction recommenda-
tions, or other engineering data prior to and in connection with any corrective or
proposed work or activity.
Sec. 7-111.8 Not Retroactive: This Chapter shall be prospective in operation
only. The provisions of this Chapter 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 an
appropriate permit has been obtained and said permit bears a date prior to the
effective date of this Chapter.
Sec. 7-111.9 Administration: This Chapter shall be administered for Alameda
County by the Alameda County Flood Control and Water Conservation District.
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ARTICLE 3. PROCEDURES
Sec. 7-112.0 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. Only one application and permit
is allowed for grading work to be done on a site at one time. The Director of
Public Works shall determine whether the application is complete in accordance with
provisions of Article 4 herein and may require additional information from the
applicant before accepting the application as complete.
Sec. 7-112.1 Compliance with CEQA: The California Environmental Quality Act.
(CEQA) may require the preparation of environmental documents concerning a proposed
grading project. In such event, Alameda County will be a Responsible Agency or may
function as the Lead Agency. The Director of Public Works will advise the applicant
as to any additional information required with the permit application.
Sec. 7-112.2 Referral to Other Public Agencies: The Director of Public Works may
refer an application to other interested public agencies for their recommendations.
Sec. 7-112.3 Permit Conditions:
(a) No permit shall be granted until the Director of Public Works is
satisfied that a proposed project conforms with the Alameda County
General Plan, any Specific Plans adopted thereto, and applicable
Alameda County 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 Chapter.
(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.
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(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.
Sec. 7-112.4 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 County, or other
public agency, or for obtaining any easements or authorization for grading on
property not owned by the permittee.
Sec. 7-112.5 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.
Sec. 7-112.6 Time Limits:
(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 County
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 thereof shall be at the applicant's
expense.
Sec. 7-112.7 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 Chapter 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 Chapter, or any
other applicable law, ordinance, rule or regulation.
Sec. 7-112.8 Appeals: Appeals from decisions pursuant to this Chapter shall be
made to the Board of Supervisors in writing setting forth the specific grounds
thereto within 15 calendar days from the date of such decision.
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ARTICLE 4. PLANS AND SPECIFICATIONS
Sec. 7-113.0 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 Chapter. 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 of this article.
Sec. 7-113.1 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 of the 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 the principal roads, lakes and water-
courses in the area.
(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 ease-
ments 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 100
feet outside of any future road rights of way.
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(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 grading. This requirement may be waived by the
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.
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(b) Typical cross sections (not less 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.
Sec. 7-113.2 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.
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(b) Accurate contour lines at intervals not greater than five feet,
showing topographic features and drainage patterns and the con-
figuration of the ground before and after grading, relative to a
bench mark 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.
(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 .
(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 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.
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Sec. 7-113.3 Final Grading Plans — Engineer Not Required: All plans and specifica-
tions 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.
Sec. 7-113.4 Modification of Approved Plans:
(a) Proposed modifications of an approved final plan shall be submitted
to the Director of Public Works for his written approval .
(b) All necessary soils and geological information and design details
shall accompany any proposed modification.
(c) The modification shall be compatible with any subdivision map or
land use requirements.
Sec. 7-113.5 Seasonal Requirements: Implementation of erosion and sediment
control plans shall be based on the season of the year and the stage of construc-
tion 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 .
Sec. 7-113.6 Distribution and Use of Approved Plans: Two sets of approved
plans and specifications shall be retained by the Director of Public Works and
one or more sets of approved and dated plans and specifications shall be provided
to the applicant or his engineer. One set of approved plans and permit shall be
retained on the site at all times during the work.
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ARTICLE 5. PERMIT REQUIREMENTS
Sec. 7-114.0 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
Chapter 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.
Sec. 7-114.1 Fees:
(a) The schedule of fees and costs shall be those established and
adopted by the Board from time to time by resolution. Before a
permit is issued, the applicant shall 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 Board.
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(b) No fee shall be required of public agencies.
(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 Auditor 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 Director of Public Works
may require the permittee to reimburse the amount equal to the cost
deficit.
(f) If grading work is done in violation of this Chapter 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.
Sec. 7-114.2 Geotechnical Investigation Required: A soil or geologic investiga-
tion 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; however, for
vehicular ways, a soil investigation shall not be required unless
the grading includes a proposed cut or fill that exceeds ten feet
in depth and the slope of the natural ground exceeds 20 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.
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CO
Sec. 7-114.3 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. 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.
Sec. 7-114.4 Reports - General : Any soil or geologic investigation report
shall be subject to the approval 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.
Sec. 7-114.5 Soil/Geologic Investigation Report: The soil or geologic investiga-
tion 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 excavations.
(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 any encountered groundwater or excessive moisture
conditions.
(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.
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Sec. 7-114.6 Final Report: Upon completion of rough grading work, the
Director of Public Works may require a final geotechnical report 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.
(d) A declaration by the Geotechnical Engineer or Engineering 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
and in accordance with the approved plans and specifications.
Sec. 7-114.7 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 recommenda-
tions contained in the original soil investigation, a revised soil or geologic
report shall be submitted for the approval of the Director of Public Works.
Sec. 7-114.8 Special Inspection:
(a) The Director of Public Works may require the permittee to provide a
private Geotechnical Engineer to perform continuous inspection work,
and upon completion of the work to provide a written statement
acknowledging that he has inspected the work and that in his
professional judgement the work was performed in accordance with the
approved plans and specifications. The permittee shall make his own
. contractual arrangements for such services and be responsible for
payment of all costs. Continuous inspection by a Geotechnical
Engineer shall include but not be limited to the following situations:
(1) During the preparation of a site for the placement of fills
which exceed five feet in depth on slopes which exceed ten
percent and during the placing of such fills; however, for
vehicular pathways, fill placement shall be continuously
inspected when fills exceed ten feet in height.
(2) During the preparation of a site for the placement of any fill
and during the placement of such fill which is intended to
support any building or structure.
(3) During the installation of subsurface drainage facilities.
(4) Such other inspections as may be required by the Director of
Public Works.
(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 the approved plans
• and specifications. `
•
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(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.
Sec. 7-114.9 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 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 .
Sec. 7-114.10 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.
Sec. 7-114.11 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.
Sec. 7-114.12 Submit "As-Built" Plan: Permittee shall submit to the Director of
Public Works an "As-Built" grading plan following completion of grading operations.
Sec. 7-114.13 Performance of Work - Inspection: The Director of Public Works
may inspect any work done pursuant to a permit under this Chapter. No permittee
shall be deemed to have complied with this Chapter until a final inspection of
the work has been made by the Director of Public Works and he has certified 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 7-116.0(b) and
7-116.0(c) herein.
•
Sec. 7-114.14 Other Responsibilities of Permittee: The pennittee 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.
•
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(c) Advance Notice. The permittee shall notify the Director of Public
Works at least 24 hours prior to the start of work.
(d) Erosion and Sediment Control . It shall be the responsibility of
the permittee to 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 Chapter.
Sec. 7-114.15 Transfer of Permit: No permit issued under this Chapter 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
Sec. 7-115.0 Excavation: Excavations shall be constructed or protected so
that they do not endanger life or property.
Sec. 7-115.1 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 to produce a contoured
transition from cut face to natural ground.
Sec. 7-115.2 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.
Sec. 7-115.3 Fill Compaction: All fills shall be compacted throughout their
full extent to a minimum of 90 percent of maximum density as determined by appro-
priate ASTM standard method or other alternate methods approved by the Director of
Public Works. Tests to determine the density of compacted fills shall be made on
the basis of not less than one test for each two-foot vertical lift of the fill
but not less than one test for each 1000 cubic yards of material placed. Additional
- 17 -
•
density tests at a point approximately one-foot below the fill slope surface
shall be made on the basis of not less than one test for each 1000 square feet 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 or 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 the 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 is required, it shall be done as specified by the Director of Public
Works.
Sec. 7-115.4 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 a manner acceptable
to the Director of Public Works. The keyway under the toe, if specified, shall be
at least ten feet wide.
Sec. 7-115.5 Fill Slopes: The slope of permanent fills shall not be steeper
than two horizontal to one vertical exclusive of terraces 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.
Sec. 7-115.6 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.
Sec. 7-115.7 Setbacks - General: Unless otherwise recommended in a soil and
geologic investigation report, Figures 1 and 2 and Table 70c on Pages 683 and 684
of the 1976 Uniform Building Code or said similar provisions as provided for in
adopted successor code shall be used for establishing setbacks for property o
t
boundaries, buildings and structures other than
Sec. 7-115.8 Drainage - General : The drainage structures ucuresnan with standards
evices required
by this Chapter shall be designed and constructed t
and criteria authorized by the Director of Public Works.
•
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Sec. 7-115.9 Drainage - Disposal Requirements: All drainage facilities shall be
designed to carry surface and subsurface waters to the nearest adequate street,
storm drain, natural water course or other juncture, and shall be subject to the
approval of the Director of Public Works. Drainage areas shall conform to patterns
established by the Director of Public Works.
Sec. 7-115.10 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.
Sec. 7-115.11 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.
Sec. 7-115.12 Terrace Drainage: 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 a 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.
Sec. 7-115.13 Subsurface Drainage: Cut and fill slopes shall be provided with
subsurface drainage as necessary for stability.
Sec. 7-115.14 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.
(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.
- 19 -
(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.
Sec. 7-115.15 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
Chapter. Permittee shall take prompt action to resolve emergency problems;
otherwise the Director of Public Works may institute abatement proceedings pursuant
to provisions of Section 7-117.1 herein.
Sec. 7-115.16 Erosion and Sediment Control Plans: Erosion and sediment control
plans prepared pursuant to this Chapter shall comply with all of the following:
(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.
•
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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 September 15 shall be planted by
October 1. 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.
(f) Erosion and sediment control plans shall comply with the recommenda-
tions of any Civil Engineer, Geotechnical Engineer, Engineering
:Geologist, 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
demonstrate such adequacy shall ,accompany the plans when submitted.
(h) Erosion and sediment control plans shall be designed with sufficient
flexibility to meet unanticipated field conditions.
(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.
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.
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Sec. 7-115.17 Vehicular Ways - General : Vehicular ways shall conform to the
grading requirements of this Chapter.
Sec. 7-115.18 Vehicular Ways - Cut Slopes: The Director of Public Works may
approve grading for a vehicular way where a cut slope is steeper than two horizontal
to one vertical if all of the following are met:
(a) The daylight line of a plane sloping at two horizontal to one
vertical is more than 20 feet from any adjoining property line,
building and structure.
(b) It is necessary to avoid excessive grading. However, the steeper
slope shall not be allowed where the proposed vehicular way can be
realigned so as to reduce excessive grading.
(c) The owner executes and records a hold harmless agreement in a form
approved by the Director of Public Works relieving the County from
any liability for this exception.
Sec. 7-115.19 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. Bridges and culverts installed
in watercourses shall be approved by the Alameda County Flood Control and Water
Conservation District.
ARTICLE 7., IMPROVEMENT SECURITY
Sec. 7-116.0 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 perform-
ance 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 final inspections have been made, all grading work
and subdivision improvements have been accepted by the Director of
Public Works, and all other requirements of the subdivision contract
have been satisfied.
(c) For projects other than subdivisions, the improvement security
shall remain in effect until final inspections have been made and
all grading work has been accepted by the Director of Public
Works.
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♦ .... .,.+rwYl.YI YA.Y =_.—_..:..,vaYyY y ., .. ...... .. ,,....
0
(d) In addition to the improvement security, the Director of Public
Works may also require the deposit of maintenance security in
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 expiration of the improvement security
as designated in Subsections (b) and (c) above.
CO Any bond or deposit required by the Director of Public Works
pursuant to this ordinance shall be payable to the Alameda County
Flood Control and Water Conservation District.
(f) Upon satisfaction of applicable provisions of this Chapter, 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 County may do the required
work, or cause it to be done and collect from the permittee or
surety all costs incurred thereto, including administrative and
inspection costs. Any unused portion of a deposit or bond shall be
refunded to the permittee after deduction by the County of the cost
of the work.
ARTICLE .8. ENFORCEMENT
Sec. 7-117.0 Suspension and Revocation of Permit: The Director of Public Works
may suspend or revoke a permit for good cause, subject to appeal to the Board of
Supervisors. However, no work shall be performed pending appeal except as
authorized by the Director of Public Works.
Sec. 7-117.1 Abatement: Whenever the Director of Public Works determines
that any hazard exists, such as is described in Section 7-111.7 herein, or that
any violation of this Chapter 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 Title 7 of this Code.
Sec. 7-117.2 Injunction: The County Counsel , at the direction of the Board of
Supervisors 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
Chapter to comply therewith.
Sec. 7-117.3 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 Chapter.
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0
ARTICLE 9. ADDITIONAL PROVISIONS
Sec. 7-118.0 Enforcement Official : The Director of Public Works shall enforce
the provisions of this Chapter.
Sec. 7-118.1 Right of Entry: Whenever necessary to enforce the provisions of
this Chapter 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 Chapter.
If such entry is refused, the Director of Public Works shall have recourse to
every remedy provided by law to secure entry.
Sec. 7-118.2 Stop Work Orders: Whenever any work is being done contrary to the
provisions of this Chapter or any other applicable law, ordinance, rule or regulation,
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.
Sec. 7-118.3 Liability: Neither issuance of a permit under the provisions of
this Chapter 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 County of
Alameda for damage to any person or property.
Sec. 7-118.4 Denial of Other Permits: No building permit, septic tank, water,
sewer, electrical permit, or any other permit shall be issued by the County to any
person for any premises or portion thereof which is in violation of this Chapter
and which violation is not corrected or approved for correction by the Director of
Public Works.
Sec. 7-118.5 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 Chapter,
that they may comment at any stage of the procedure, and may lodge an appeal
pursuant to the provisions of this Chapter.
Sec. 7-118.6 Severability: If any section, subsection, paragraph, subparagraph
sentence, clause or phrase of this Chapter 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 Chapter; and
the Board declares that this Chapter 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 .
- 24 -
SECTION II
•
Section 7-12.0 of Chapter 1 of Title 7 of the Alameda County Ordinance Code is
amended to read:
Section 7-12.0 Permit Required: No person, firm or corporation or organization
shall install , erect, construct, enlarge, add to, alter, repair, move, remove,
demolish, convert, occupy, equip or improve any building or structure, any electrical ,
plumbing or mechanical installation or cause the same to be done without first
obtaining a permit from the Building Official .
A separate permit shall be required for each building or structure,
but the permit may include pertinent accessories such as fences, retaining walls,
exterior lighting, underground utilities and sprinkler systems, providing such work
is shown on the approved plans or described. on the application. The Building
Official may abthorize issuance of a single permit for several buildings where in
his opinion the convenience of the County will be served.
Prior to issuance of a permit by the Building Official , a separate
permit or approval shall be secured from the Health Officer for private water
supply and private sewage disposal systems. In addition, separate permits for
wells are required pursuant to Article 14, Chapter 6, Title 5.
Additional permits shall be required for pertinent accessories regulated
by this Title which are proposed to be constructed but not shown on the approved
plans or described on the application.
A grading permit may also be required subject to provisions of the Alameda
County Grading Ordinance.
Subsection 7-22.19 (b) of Chapter 2 of Title 7 of the Alameda County Ordinance
Code is amended to read:
(b) Excavations. Except when permitted under a valid grading permit as
set forth in Section 7-115.1 of Chapter 9 of Title 7 of the Alameda
County Ordinance Code, the slope of cut surfaces of permanent
excavations shall not be steeper than 2 horizontal to 1 vertical .
The slope of cut surfaces shall not be steeper than the bedding
planes or principal joint sets in any formation where the cut
slope will lie on the dip side of the strike line unless the soils
and geologic investigations contain recommendations for steeper
slopes. Footings which may be affected by any excavation shall be
underpinned or otherwise protected against settlement and shall be
protected against lateral movement.
- 25 -
SECTION II
This ordinance shall take effect and be in force thirty (30) days
from and after the date of its passage and before the expiration of fifteen (15)
days after its passage it shall be published once with the names of the members
voting for or against the same in The Inter-City Express, a newspaper published
in the said County of Alameda.
• Adopted by the Board of Supervisors of the County of Alameda, State
of California, on MARCH 16 , l 2 , by the following called vote:
AYES: SUPERVISORS Cooper, Excell, Santana and Chairman Bort - 4
NOES: SUPERVISORS None
EXCUSED: SUPERVISOR George - 1
JOSEPH P. BORT
Chairman of the Board of Supervisors
of the County of Alamedh, State of
California
ATTEST: WILLIAM h!EHRWEIN, Clerk of
the Board of Supervisors of the County
of AIame a, State of California
•
By WILLIAM MEHRWEIN
•
•
•
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•
ORDINANCE 1(0. 82 - 18
AN ORDINANCE ESTABLISHING REQUIREM TS
FOR PROTECTION OF irATEREOURSES
The Board of Supervisors of Alameda County, State of California, do ordain
as follows:
SECTION I
CHAPTER 10 (Commencing with Section 7-200.0) is hereby added to Title 7 of the
Ordinance Code of the County of Alameda to read as follows:
CHAPTER 10
WATERCOURSE PROTECTION
ARTICLE 1. GENERAL PROVISIONS
Sec. 7-200.0 Title: This Chapter shall be known as the Watercourse Protection
Ordinance of A ameda County.
Sec. 7-200.1 Purpose: This Chapter is enacted to safeguard and preserve
watercourses, protect lives and property, prevent damage due to flooding,
protect drainage facilities, control erosion and sedimentation, restrict
discharge of polluted materials and enhance recreational and beneficial uses
of watercourses.
Sec. 7-200.2 Definitions: Unless the context clearly requires a different
meaning, the meanings given for the following words and phrases shall apply when
said words and phrases are used in this Chapter:
(a) AGRICULTURAL OPERATION means 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) 'BANK means any embankment, dike, levee, wall or similar feature of
natural or man-made origin which adjoins or parallels any water-
course and which has as a function the confinement of the water of
said watercourse.
(c) BOARD means the Board of Supervisors of Alameda County.
•
• (d) CITY means an incorporated city in Alameda County.
(e) DEVELOPMENT means any act of filling, depositing, excavating or
removing any natural material , or constructing, reconstructing
or enlarging any structure, which requires a permit issued by the
Director of Public Works.
(f) DIRECTOR OF PUBLIC WORKS means the Director of Public Works of
Alameda County, California, acting either directly or through his
authorized deputies.
(g) DISTRICT means the Alameda County Flood Control and Water Conservation
District.
(h) FLOODWAY means the channel of a watercourse and adjacent land
areas that must be reserved in order to convey flood flows as
determined by the Director of Public Works. Where shown on a
Flood Boundary and Floodway Map of the Federal Insurance Adminis-
tration, "Floodway" means such a designation on said map.
(1) MAINTENANCE means the desilting, pruning or removal of vegetation,
the removal of trash and debris, the removal of algae, water
treatment, mosquito abatement activities, repair, or any other
work required to maintain conveyance or storage capacities of
watercourses or purity and quality of water, or to safeguard
public health.
(j) PERMIT means a permit issued by the Director of Public Works
pursuant to the provisions of this Chapter.
(k) PERMITTEE means any person granted a permit under the provisions
of this Chapter.
(1 ) PERSON means any .individual or group of individuals, firm, corpora-
tion or public agency.
(m) PUBLIC AGENCY means any Federal , State, regional or local government
entity or any subdivision thereof.
(n) SETBACK means a distance adjacent to an open channel watercourse
within which development shall be controlled. Setback limits are
defined in 'Article 5.
(o) STRUCTURE means any works or constructions of any kind, including
those of earth or rock, permanent or temporary, and including
fences, poles, buildings, pavings, inlets, levees, tide gates,
spillways, drop structures and similar facilities.
(p) WATERCOURSE means any conduit or appurtenant structure or any
' natural or man-made channel through which water flows continuously
or intermittently in a definite direction and course or which is
used for the holding, delay or storage of water. Natural channels
shall generally be limited to those designated by a solid line or
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 the administration of this Chapter 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
area smaller than 50 acres in order to prevent a condition which
is a menace to life and limb, endangers property, is a hazard to
public safety, adversely affects the safety, use or service-
ability of adjacent property, public way or drainage channel , or
could adversely affect the water quality of any water body or
watercourse were the definition not extended to a particular
natural channel with a watershed area below 50 acres.
- 2 -
0
Sec. 7-200.3 Jurisdiction: This Chapter shall apply to the unincorpor-
ated area of Alameda County.
Sec. 7-200.4 Responsibility of Director of Public Works: It shall be the
responsibility of the Director of Public Works to enforce the provisions of this
Chapter and he is hereby so authorized.
Sec.7-200.5 Owner's and Tenant's Responsibility: Every person owning property
through which a watercourse passes, or said person's lessee or tenant, shall
keep and maintain that part of the watercourse within said property reasonably
free of trash, debris, excessive vegetation and other obstacles which would
pollute, contaminate or significantly retard the flow of water through the
watercourse; shall maintain existing privately owned structures within or
adjacent to a watercourse, so that such structures will not become a hazard to
the use, function or physical integrity of the watercourse; and shall not remove
healthy bank vegetation beyond that actually necessary for said maintenance or
other maintenance specified in Sec. 7-201.10 (c) herein, nor remove said vegetation
in such a manner as to increase the vulnerability of the watercourse to erosion.
Sec. 7-200.6 Not Retroactive: This Chapter shall be prospective in operation
only. The provisions of this Chapter 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 an
appropriate permit has been obtained and said permit bears a date prior to the
effective date of this Chapter.
Sec. 7-200.7 Administration: This Chapter shall be administered for Alameda
County by the District.
ARTICLE 2. PERMIT PROCEDURES
Sec. 7-201.0 Requirements: No person shall commit or cause to be committed
any of the following acts, unless a written permit has first been obtained
from the Director of Public Works:
(a) Discharge into or connect any pipe or channel to a watercourse;
(b) Modify the natural flow of water in a watercourse;
(c) Carry out development within a setback, as defined in Article 5;
(d) Deposit in, plant in, or remove any material from a watercourse
including its banks, except as required for necessary maintenance;
(e) Construct, alter, enlarge, connect to, change, or remove any
structure in a watercourse; or
(f) Place any loose or unconsolidated material along the side of or
within a watercourse or so close to the side as to cause a
diversion of the flow, or to cause a probability of such material
being carried away by storm waters passing through said watercourse.
Sec. 7-201.1 Restrictions: The intent of this Chapter is to safeguard water-
courses. A permit shall not be granted where, in the opinion of the Director of
Public Works, a proposed activity in or adjacent to a watercourse could result
in disposal or deposition of oils, chemicals, poisons, trash, or other materials
harmful to said watercourse.
Sec. 7-201.2 District Ordinance in Effect: Nothing contained herein shall in
any way supersede, void or preempt requirements of District Ordinance No. 34
(Alameda County Ordinance No. 441 N.S.). Said Ordinance includes permit require-
ments for activities in District-owned rights-of-way or facilities.
- 3 -
Sec. 7-201.3 Other Permits: Nothing contained herein shall in any way supersede,
void or preempt requirements of other governmental agencies, including federal ,
state, and local agencies, in regard to activities affecting watercourses.
Also, the requirements of this Chapter are not intended to duplicate the require-
ments of another agency. If, in the opinion of the Director of Public Works,
the requirements of this Chapter will be substantially met by conditions prescribed
by a permit granted by another agency, the Director of Public Works may waive
the permit requirements of this Chapter. Any violation, however, of the require-
ments of this Chapter, regardless of whether such violation may have occurred
under provisions of another permit, may be subject to enforcement procedures and
penalties prescribed by this Chapter.
Sec. 7-201.4 Permit Applications: Permit applications shall be filed with the
Director of Public Works on forms furnished by his office. A schedule of fees
and costs and a list of requirements and instructions shall be furnished each
applicant. The Director of Public Works may require any additional information
he considers necessary to establish the identity of the applicant, the location
of the project site, details concerning the proposed project, a timetable of
proposed activities, existing site conditions, and anticipated site conditions
following the proposed activities. An application shall be accepted as complete
upon receipt of all required information and payment of fees.
Sec. 7-201.5 Permit Issuance:
(a) In issuing a permit, the Director of Public Works may prescribe
conditions reasonably necessary to safeguard the affected water-
course pursuant to provisions of this Chapter. Non-compliance
with said conditions is deemed a violation of this Chapter.
(b) A permit may be issued for any reasonable term and may be renewed
if good cause therefor is shown. A written request for renewal
shall be submitted to the Director of Public Works who may
require a new application and required fees, considering the time
between the expiration date and the renewal request, revisions in
County regulations, or changed circumstances in the immediate
area of the site. Any revised plan shall be submitted to the
Director of Public Works for review, and any costs thereof shall
be at the applicant's expense.
•
(c) If a proposed activity could significantly affect the physical
characteristics of a watercourse in another jurisdication such as
an incorporated city or an adjoining county, or could result in
disposal or deposition of a foreign material in a watercourse
upstream from such jurisdiction, that jurisdiction shall be
notified prior to issuing a permit.
Sec. 7-201.6 Prosecution of Work: The permittee shall begin the work or
use authorized by a permit issued pursuant to this Chapter within 90 days
from the date of issuance unless a different period is provided in the permit.
Failure to begin said work or use on time or to prosecute it diligently shall be
deemed a violation of this Chapter.
Sec. 7-201.7 Appeals: The issuance, denial , cancellation, or conditioning of
a permit pursuant to this Chapter may, within 15 calendar days of such action,
be appealed in writing by any person to the Board. An appeal shall set forth
the grounds therefor, the work proposed to be done and the method of accomplishing
said work, together with sufficient factual , engineering and technical data to
set forth the basis and the reasons for the appeal . Board shall make a final
interpretation of requirements and shall announce its decision within 30 calendar
days after receipt of said written appeal .
-4-
0
Sec. 7-201.8 Responsibility:
(a) Neither the issuance of a permit nor compliance with the conditions
thereof, nor with the provisons of this Chapter, shall relieve
any person from any responsibility otherwise imposed by law for
damage to persons or property; nor shall the issuance of a permit
hereunder serve to impose any liability upon the County of
Alameda, the District, a City, a special district, or its officers
or employees, for injury or damage to persons or property. A
permit issued pursuant to this Chapter does not relieve the
permittee of the responsibility of securing and complying with
any other permit which may be required by any other public agency
ordinance, directive or law.
(b) It shall be the responsibility of any person whose operation
may result in discharge into a watercourse to comply with applicable
Federal , State and local water quality standards and regulations.
Sec. 7-201.9 Fees:
(a) The schedule of fees and costs shall be those established and
adopted by the Board from time to time by resolution. Before a
permit is issued, the applicant shall 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, and necessary inspection
or other work, all in accordance with schedules established and
adopted by the Board.
(b) No fee shall be required of public agencies.
(c) Public utilities may,` at the option of the Director of Public
Works, make payment as billed by the Director of Public Works
instead of in advance.
(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 auditor 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 District's cost, the Director
of Public Works may require the Permittee to reimburse the District
in an amount.equal to the cost deficit.
Sec. 7-201.10 Exemptions: The following activities are exempted from the
provisions of this Article except as provided herein:
(a) Agricultural operations, as long as these activities do not
significantly pollute or damage watercourses or cause excessive
erosion of banks and deposition of sediments in watercourses thereby
requiring abatement measures and imposing cost burdens on the
District and its taxpayers.
(b) Work within a public roadway right-of-way, where said public
roadway right-of-way crosses a watercourse. The affected juris- •
diction shall advise the District of details and schedule for
such work.
•
- 5 -
0
(c) Minor or routine maintenance work performed by a property owner
or his tenant on a watercourse flowing through his property
pursuant to Sec. 7-200.5 herein. Said maintenance work shall
be limited to pruning and removal of excessive vegetation and
removal of trash and debris.
(d) 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.
(e) The Director of Public Works may, at his discretion, exempt the
permit requirements of this article when an Alameda County
Grading Permit has been obtained and all applicable requirements
of this Chapter have been satisfied.
Sec. 7-201.11 Performance of Work - Inspection: The Director of Public Works
may inspect any work done pursuant to a permit under this Chapter. No permittee
shall be deemed to have complied with this Chapter until a final inspection
of the work has been made by the Director of Public Works and he has certified
in writing that the work has been completed in accordance with all requirements
and conditions of the permit.
Sec. 7-201.12 Security: At the discretion of the Director of Public Works,
a permit may be withheld until the applicant has posted security in an amount
satisfactory to the Director of Public Works for the faithful performance of
the work or the cost of removing the work or otherwise reconstructing or restoring
a watercourse to conditions existing prior to such work in the event of default
on the part of permittee. 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.
Sec. 7-201.13 Transfer of Permit: No permit issued under this Chapter 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 3. ENFORCEMENT
Sec. 7-202.0 Suspension and Revocation of Permit: The Director of Public
Works may suspend or revoke a permit for good cause, subject to appeal to the
Board of Supervisors. However, no work shall be performed pending appeal except
as authorized by the Director of Public Works.
Sec. 7-202.1 Abatement: Whenever the Director of Public Works determines that
any existing condition is a hazard to life or limb, or endangers structures, or
adversely affects the use, function or physical integrity of a watercourse, or
that any violation of this Chapter exists, any such condition or violation is
hereby declared to be a public nuisance and may be abated pursuant to the
provisions of Chapter 7 of Title 7 of this Code.
Sec. 7-202.2 Injunction: The County Counsel , at the direction of the Board of
Supervisors 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
Chapter to comply therewith.
Sec. 7-202.3 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 Chapter.
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0
ARTICLE 4. ADDITIONAL PROVISIONS
Sec. 7-203.0 Right of Entry: Whenever necessary to enforce the provisions of
this Chapter, 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 Chapter.
Sec. 7-203.1 Liability: Neither issuance of a permit under the provisions of
this Chapter 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 County for
damage to any person or property.
Sec. 7-203.2 Denial of Other Permits: No building, septic tank, water,
sewer, electrical , or any other permit shall be issued by the County to any
person for any premises or portion thereof which is in violation of this
Chapter and which violation is not corrected or approved for correction by the
Director of Public Works.
Sec. 7-203.3 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 watercourse protection permit has been submitted pursuant to
this Chapter, that they may comment at any stage of the procedure, and may lodge
an appeal pursuant to the provisions of this Chapter.
Sec. 7-203.4 Severability: If any section, subsection, paragraph, subparagraph,
sentence, clause or phrase of this Chapter 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 Chapter; and the
Board declares that this Chapter and each section, subsection, paragraph, sub-
paragraph, 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 .
ARTICLE 5. SETBACKS
Sec. 7-204.0 Requirements:
(a) Setbacks are hereby established adjacent to open channel watercourses
in conformance with details shown in Sec. 7-204.1.
(b) The purpose of setbacks is to safeguard watercourses by preventing
activities that would contribute significantly to flooding,
erosion or sedimentation, would inhibit access for watercourse
maintenance, or would destroy riparian areas or inhibit their
restoration. Accordingly, no development shall be permitted
within setbacks, except as otherwise provided herein.
(c) In certain situations, where, in the opinion of the Director of
Public Works, it would be in the public interest to permit limited
development within a setback, the Director of Public Works may
grant a permit for said development provided that the above
specified purpose would be satisfied. In such cases, the permit
applicant shall submit sufficiently detailed plans and specifications,
and any additional material required by the Director of Public
Works, to demonstrate that a proposed development adjacent to an
open channel watercourse would meet said requirements.
-7-
• 0
•
(d) In all cases where development adjacent to an open channel is
permitted within setback limits, the owner of the developed
property shall assume all responsibility for any damage whatsoever
to his property or to any structures erected thereon.
(e) No development shall be permitted within a setback where it
would conflict with the requirements of any applicable County,
District or City ordinance, regulation, directive or law.
(f) Setbacks shall be located outside of floodways.
(g) The Director of Public Works shall make the determination as to
setback limits and any permitted development within a setback.
•
-8-
,
+ 0
Sec. 7-204.1 Setback Criteria:
101./4/N.' 2O'MrN.
.SETBACK SETBACi
ToP of BANK I i
1 1 SLOPE of BANK 2-/ OR FLATTER 1 ,
ii ■ . - � /00-YEAR FLOOD ELEK - -
.
4S,, r ,- 2
.
SECTION A - TYPICAL WHERE 100-YEAR STORM FLOW IS CONTAINED WITHIN BANKS OF
EXISTING WATERCOURSE
ENCROACl/MEAlT INTO FLOOb PLA/A(
(NEW CoNsTRvcT/ON)
2o'ma.. / 1LootWAY 2O'MN.SETBACK ETBACK
•
1
(J , � /1 /oo-jrEAR FLOOD ELEV. 1 I
'•fit( .1. . / ,/ .Y
t
o EX7sT/// aRowva
SVRP4CE
(a) Slope of bank shall be 2 horizontal to 1 vertical or flatter,
as determined by Director of Public Works.
SECTION B - TYPICAL WHERE EXISTING CHANNEL IS SUFFICIENTLY LARGE TO ALLOW '
SIDE ENCROACHMENT
-9-
kiwe
2o'M/A4 FL0oDW.4 Y f2o1MiiU
ET&1 k SETBAC
/Co-yE, R FL oco ELEV r
.� s'i -
NF W eemis ac iraV J°' ex/ST/N4
G-Rahvb SORFACE ,I
•
(b) Sides of channel shall be structurally stable. If sides are
of earth, they shall have a maximum slope of 2 horizontal to
1 vertical .
SECTION C - TYPICAL FOR A FLOOD PLAIN WHERE THE WATERCOURSE MUST BE ENLARGED
TO PERMIT DEVELOPMENT
NOTES:
1 . Sections B and C shall be based on maximum development under existing
General Plan.
2. Sections A, B and C are not applicable to developed areas where
provisions of Sec. 7-200.6 (Not Retroactive) apply.
-10-
•
SECTION III
This Ordinance shall take effect and be in force thirty (30) days from
and after the date of its passage and before the expiration of fifteen (15) days
after its passage it shall be published once with the names of the members voting
for and against the same in The Inter-City Express, a newspaper published in the
said County of Alameda.
Adopted by the Board of Supervisors of the County of Alameda, State of
California, on the 16th day of MARCH, 1982 , by the following called vote:
AYES: SUPERVISORS Cooper, Excell, Santana and Chairman Bort - 4
NOES: SUPERVISORS NONE
EXCUSED: SUPERVISOR George - 1
•
JOSEPH P. BORT
Chairman of the Board of Supervisors
• of the County of Alameda, State of -
California
ATTEST: WILLIAM MEHRWEIN, Clerk of
the Board of Supervisors of the County
or Alameda, State of California
•
By WILLIAM MEHRWEIN -
-11-
•