1

0123456789

CITY OFVENTURA

f\DMINISTRATIVE REPORT

To:

From:

Subject:

Date:

Agenda Item No.:

Council Action Date:

Honorable Mayor·and City Council

Mark D. Watkins, City Manag~r Tulson Clifford, Public Works Director

April 17, 2017

10

April 24, 2017

Grading Ordinance - Amending Chapters 12.210, 12.215, and 12.220 of Division 12, Part 2, of the San Buenaventura Municipal Code

RECOMMENDATIONS

It is recommended that City Council:

a. Introduce and waive the first reading of an ordinance amending Division 12, Part 2 of the San Buenaventura Municipal Code ("Grading Regulations"), Chapters 12.210 entitled "General Provisions," 12.215. entitled "Grading Permits," and 12.220 entitled. "Grading Regulations."

b. Set the proposed ordinance for a second reading and adoption at the City Council meeting of May 22, 2017.

PREVIOUS COUNCIL ACTION

August 3, 2015 - The City Council directed staff to hold a series of stakeholder meetings to review the proposed chang~s to the Grading Regulations.

August 4, 2014 - The City Council approved the issuance of a formal response to the Grand Jury Report dated June 9, 2014 and directed staff to incorporate and implement some of the recommendations.

April 16, 2007 - Ordinance Number 2007-011 was adopted by the City Council to make the Grading Regulations consistent with the California Building Code.

2

0123456789

Administrative Report April 24, 2017 Page2

SUMMARY

The proposed amendments to the Municipal Code - Grading Regulations incorporate a number of recommendations from the June 9, 2014 Grand Jury report titled "City of Ventura Hillside Area Grading Permits;" and clarify the requirements for hillside grading by requiring notification to neighbors and adjacent properties for all hillside work that require grading permits, require haul route permits for movement of earthmoving equipment on hillside residential streets, and incorporating the requirements for work under the stormwater regulations and other minor text changes and technical clarifications (Attachment A).

The proposed amendments also reflect changes and improvements that came out of a series of stakeholder meetings held in 2016 at City Council's direction. The stakeholders represent small and large contractors, civil and geotechnical engineers and the local Building Industry Association (BIA).

DISCUSSION

Grading activity in · the hillside area during the last couple of years has identified the need for several clarifications in the City's Grading Regulations to make it more user­friendly and capable of being implemented more efficiently.

On June 9, 2014, the City Council approved the issuance of a formal Response to the Grand Jury report, and directed staff to incorporate some of the recommendations, which include the following:

• The City Engineer and the Community Development Director shall give written approval' of each Grading Regulation exception allowed in the Hillside Management Program (HMP).

• The HMP hillside grading permit exceptions must be strictly limited to those listed in the City's general Grading Regulations.

Based on the residents' sensitivity to any activity in the Hillside Area, staff has included requirements to provide notification to neighbors and adja<;ent property owners within a 300-foot radius of the project site as well as haul route permits for earth-moving equipment.

Other changes to the Grading Regulations relate to work done as part of stormwater regulations, which may be in association with or without a grading permit. Finally, minor text changes have been made and include additional definitions, protection of adjacent property, and other clarifications. A "marked-up" copy of the ordinance which shows the proposed changes is provided as Attachment B.

3

0123456789

Administrative Report April 24, 2017 Page3

In order to comply with the Grand Jury's recommendations, new text under Grading Permits, Chapter 12.215, requires all exceptions to the requirement for a grading permit in the Hillside Area to be reviewed and approved by both the City Engineer and Community Development Director. In addition, the City Engineer is required to notify the applicant/ owner in writing if an exception is granted. The exceptions are also more clearly spelled-out by limiting the work that may be done for exploratory soils testing excavations for the purpose of preparing a soils/geotechnical report. Access roads for exploratory excavations are, additionally, not allowed under the exceptions to a grading permit. Earthwork exceeding 50 cubic yards is typically identified as the threshold for triggering the need for a grading permit.

Other changes to the Grading Regulations came out of a series of stakeholder meetings in the Fall· of 2016. The stakeholders were volunteers who were chosen because they represent a good cross section of the professionals who have worked closely with the City's grading and permitting process in the past. The primary changes that came out of this process are:

• Minor exceptions and clarifications for hillside landscaping projects

• Final Grading Certification language

• Technical definitions and clarifications

IMPACTS

There is no direct fiscal impact to the City. With the implementation of these municipal code changes, there is potential for some reduced staff time in responding to questions and providing direction relating to the Grading·Regulations. The cost impacts of sending notices to property owners are minor and will be absorbed within the current budgetary appropriations.

ALTERNATIVES

The City Council could choose to not amend the Grading Regulations, implement only some of the proposed amendments, or request additional changes.

4

0123456789

Administrative Report April 24, 2017 Page4

Prepared by Brad Starr, Principal Civil Engineer, for:

Tul:~~ Public Works Director

Reviewed as to fiscal impacts cfo" G~~ / Finance and Technology Director

FORWARD ED TO THE CITY COUNCIL

~ {).qyt,,,+vir~,t___. City Manager's Office

ATTACHMENTS

A. Draft Grading Ordinance - Clean Copy B. Draft Grading Ordinance -Marked -up Copy

5

0123456789

AITACHMENT A

DRAFT GRADING ORDINANCE -- CLEAN COPY

6

0123456789

THIS PAGE INTENTIONALLY LEFT BLANKa

7

0123456789

ORDINANCE NO. 2017-_

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN BUENAVENTURA AMENDINING DIVISION 12, PART 2, OF THE SAN BUENAVENTURA MUNICIPAL CODE ("GRADING REGULATIONS"), CHAPTERS 12.210 ENTITLED "GENERAL PROVISIONS," 12.215 ENTITLED "GRADING PERMITS," AND 12.220 ENTITLED "GRADING REGULATIONS"

BE IT ORDAINED by the City Council of the City of San Buenaventura as follows:

SECTION 1: That Division 12, Part 2 of the San Buenaventura Municipal Code, entitled "Grading Regulations" is hereby amended in its entirety to read as follows:

PART2 GRADING REGULATIONS

Chapter 12.210 - General Provisions

Sec. 12.210.010. - Purpose.

A. Generally. The purpose of this part 2 of division 12 (hereafter, referred fo as "this part" or "part 2") is to safeguard life, limb, health, property and safety or public welfare by establishing minimum requirements for regulating grading and procedures on private property by which these requirements may be enforced. This part 2 may be referred to and cited as the "grading ordinance."

B. Scope. All grading shall be performed in accordance with the provisions of this part and with rules and regulations as established by the City Engineer, and shall be in accordance with City of San Buenaventura Municipal Code, and the requirements of the approved general or specific plan for the area in which the grading is to be done.

Exception: The provisions of this part shall not apply to the following:

1. Work accomplished under the auspices of land owned and controlled by the United States of America or by the State of California.

2. Work in a public way, dams and drainage structures constructed by or under contract with the City or Ventura County Watershed Protection District unless the structure forms a portion of the support for a building or a structure coming within the jurisdiction of the Building and Safety Division, provided that the provisions of this part shall apply to land owned or controlled by local agencies and special districts as defined by, and to the extent allowed by, state law.

C. Hillside Management Program (HMP). All grading on property within the boundaries of the Hillside Area described in the HMP shall conform to the grading requirements

A17-00132 Page 1

8

0123456789

of the HMP. Lots within the boundaries of the area described in the HMP with a slope less than 20: 1 may be exempted from the grading requirements of the HMP by the City Engineer and Community Development Director if they determine that such exceptions will not endanger life, limb, health, property, safety or public welfare.

All grading in areas within the City which include a gradient greater than 5: 1 shall conform to the requirements of the City Hillside Management Program (HMP) if the City Engineer determines that conformance is required in order to avoid danger to life, limb, health, property, safety, or public welfare.

D. Permissive provisions. The permissive provisions of this part do not waive, and shall not be presumed to waive, any limitations, imposed by other statutes or ordinances of the state or City.

E. Limitations. If two or more pertinent limitations are not identical, those limitations shall prevail which provide the greater safety to life, limb, health, property and public welfare.

F. Appeals. In order to insure a reasonable application of the provision of the part and · an opportunity for aggrieved persons to be heard, any person dissatisfied with the City Engineer's application of this part, may appeal in writing as provided for in this part.

G. Measurements. Measurements referred to in this part are shown as English units (foot/pound/second). Measurements used in a grading project shall also be in English units.

H. Designated representatives. Whenever in this part the term City Manager, Community Development Director, City Engineer, Building Official, or Parks Manager are used, the terms shall mean and include the designated representatives of the respective City officials referred to in this part.

I. Rules and regulations. The City Engineer may enact administrative rules and regulations not in conflict herewith to accomplish the purpose and intent of this part.

J. Delegation of authority. All findings, approvals, determinations, rule-making, or other exercises of discretionary judgment or any other exercise of delegated authority · pursuant to this part 2 by the Public Works Director, Community Development Director, or the City Engineer, or their successors or designees, or any other advisory agency or City official, shall be carried out in a manner consistent with the purposes of this grading · ordinance, the Subdivision Map Act, the City's general plan, the orderly development of the City, sound civil engineering practices, and the protection and advancement of the public welfare.

Sec. 12.210.020. - Definitions.

For the purpose of this part 2, the following term_s shall be defined as follows:

A17-00132 Page 2

9

0123456789

Agricultural Grading shall mean grading to enhance or conduct farm.ing, including animal husbandry and the production and management of crops (including aquatic crops) for food, fiber, fuel, and ornament. Agricultural grading does not include grading for buildings, barns, equestrian facilities, permanent structures with a foundation, and parking lots.

As-graded (aka As-built) Plan shall mean a record drawing of the completed work as to line and grade.

Bedrock shall mean the solid undisturbed rock in place either at the ground surface or beneath surficial deposits of gravel, sand or soil or as determined by the Geotechnical Engineer or Engineering Geologist.

Bench shall mean a relatively level step excavated into earth material on which fill is to be placed.

Best Management Practice (BMP) shall mean a stormwater pollution mitigation measure that is required to be employed in order to comply with the requirements of the Ventura Countywide Stormwater Quality Management Program, National Pollution Discharge Elimination System (NPDES) Permit.

Building official shall mean that person charged with the responsibility of enforcing the California Building Code (CBC) and state statutes and ordinances pertaining "to their office.

City Engineer shall mean that person charged with the responsibility of coordinating all phases of engineering for the City government. ·

City standard construction details shall mean that publication of construction drawings developed by the City Engineer and revised from time to time.

Civil engineer shall mean a professional engineer registered i'n the State of California to practice in the field of civil engineering works. Community Development Director shall mean that person charged with the responsibility of coordinating all phases of City growth planning, development, and redevelopment for the City.

Compaction shall mean the densification of a fill by mechanical means.

Continuous observation shall mean nearly full-time visual observation of equipment and materials used therein, sufficient to permit the engineer to render a professional opinion as to the contractor's conformance with the engineer's recommendations, plans or specifications.

Design Engineer shall mean the Civil Engineer responsible for the preparation of the grading plans for the site grading work.

Engineering geologist shall mean a geologist licensed in the State of California and certified as an Engineering Geologist who is duly qualified and capable of applying the geolog.ical sciences to engineering practice for the purpose of developing and rendering professional opinions regarding how geologic features affect the location, design, construction, operation and maintenance of engineering works. Excavation, also referred to as "cut", shall mean the mechanical or other artificial removal of earth material.

A17-00132 Page 3

10

0123456789

Existing grade shall mean the vertical location of the existing ground surface prior to excavating or filling.

Export shall mean the removal of excess graded material from the property.

Fill shall mean the placement of earth materials by artificial means to raise grades or backfill excavations

Finished grade shall mean the final grade or elevation of the building site, slope or terrace, which conforms to the approved plan.

Geotechnical engineer shall mean a civil engineer licensed in the State of California as a geotechnical engineer and duly qualified and capable of applying geological sciences, soil mechanics and slope stability analysis to engineering practice. A Geotechnical Engineer is also known as a Soil Engineer when licensed as such.

Grade shall mean the vertical location of the ground surface.

Grading shall mean the removal of soil or deposition of fill or combination thereof, including but not limited to, overexcavation and recompaction.

Hillside area shall mean all of that area defined as Hillside area by the City general plan as it may be amended from time to time.

Hillside Management Program (HMP) shall mean that document of policies, development criteria and submittal requirements established by Resolution No. 89-104 on August 28, 1989 by the City Council, as it may be amended from time to time, to implement the general plan as it relates to Hillside areas.

Import shall mean earth material from outside the property boundaries for use in grading on a site.

Key shall mean a nearly level excavation cut into firm earth materials at the toe of a slope upon which compacted fill may be placed to begin building a fill slope or buttress fill. Also known as a "keyway."

Landscape architect shall mean a landscape architect duly registered as such by the State of California.

Landslide shall mean the falling, slipping or flowing of a mass of land from a higher to a lower level.

A17-00132

Active landslide shall mean a landslide that has been active at any time since January 1, 1952.

Historical landslide shall mean a landslide that was active in historical time prior to 1952 as determined from photographs, maps and written records.

Prehistoric landslide shall mean conditions where there is no record of historical landslide but where geological evidence or topographic expression indicates modification of the terrain by land movement.

Possible prehistoric landslide shall mean areas where there is no record of a historic landslide but where topographic expression or geological evidence suggests the possibility of past land movement.

Page 4

11

0123456789

Over excavation shall mean excavation below and/or beyond the limits of plan grades and re-compaction of soil to improve low density soils per the soil engineer report.

Parks Manager shall mean that person charged with the responsibility of coordinating all phases of parks maintenance for the City.

Periodic observation shall mean intermittent visual observation throughout the course of the project.

Rainy season shall mean that period of time when rainfall is likely to occur and is defined as being within the months and dates as shown in the current Ventura Countywide Stormwater Quality Management Program, National Pollutant Discharge Elimination System (NPDES) Permit.

Record drawing shall mean the approved updated plan showing the as-graded surface condition upon completion of grading.

Retaining wall shall mean a wall type structure that is built to retain a vertical or near vertical face mass of earth. The earth behind the wall may be a natural embankment or back fill material placed adjacent to the retaining wall.

Rough grade shall mean the approximate elevation of the ground surface conforming to the approved plan.

Site shall mean any lot or parcel of land or contiguous combination thereof, under the same ownership where grading is performed or permitted.

Slope shall mean an inclined ground surface, the inclination of which is expressed as a ratio (for example 2: 1) of the horizontal distance to a vertical distance. Each number refers to a measurement that utilizes the same unit of measurement.

Soil shall mean all earth material, of whatever origin, overlying bedrock except for roots or other organic materials.

Soils engineer shall mean a civil engineer licensed by the State of California who is experienced in the application of the principles of soil mechanics in the investigation, evaluation, and design of civil works involving the use of earth materials.

Supervisory control shall mean the continuous monitoring of the contractor's work by the Permittee, with geotechnical observation and testing by a resident geotechnical engineer, soils engineer, civil engineer, or engineering geologist, based upon the engineer's recommendations, plans, or specifications, and the reporting of his/her opinions of the contractor's fulfillment of these recommendations or adherence to plans and specifications to the City.

Surface Drainage shall mean flows over the ground surface.

Temporary Stockpile shall mean the creation of a mound of earth with side slopes of 3 units horizontal to 1 unit vertical (33% slope) or flatter, and not to exceed eight feet in height, for a period of time not exceeding 180 calendar days, before being moved off site.

A17-00132 Page 5

12

0123456789

Sec. 12.210.030 -Appeal Process.

Appeals from permit conditions, or to allow alternate grading methods, or for other forms of relief from determinations or decisions by the City Engineer, may be made to the Public Works Director. The appeal shall be filed within ten calendar days after the final action, determination, or decision by the City Engineer. The appeal shall be on forms as provided by the Public Works Director and shall specifically set forth the grounds for appeal and reason or basis for disagreement with the decision of the City engineer. The Public Works Director shall have the authority to hear such appeals and grant exceptions to particular requirements of this Part 2, or approve alternative grading methods or permit conditions, where the Public Works Director finds such exceptions or alternates provide equivalent levels of protection of the public health and safety, provided that, the Public Works Director may not waive the basic requirement of obtaining a grading permit. Specifically, the Public Works Director shall determine one of the following:

1. The City Engineer's decision was a reasonable interpretation of this Part 2 and that determination shall stand; or

2. Based on findings supported by substantial evidence:

a) An exception to a particular permit condition or requirement of this Part 2 can be carried out with adequate protection of the public health and safety and is, therefore, warranted; or

b) There are alternate grading methods that will provide equivalent levels of protection of the public health and safety. Such alternates shall be specifically delineated in upholding the appeal.

The decision of the Public Works Director shall be final and there shall be no further appeal to the City Council or any City advisory body.

The filing fee for any such appeal shall be in the amount as provided for appeals of building or construction permits to the Board of Appeals until such time as the City Council amends the City's users fee schedule to provide a separate fee for appeals of decisions relating to grading permits. The fee shall be paid at the time of, and as a prerequisite for, filing the appeal.

Chapter 12.215 - Grading Permits

Sec. 12.215.010. - Required.

A. Generally . No person shall commence or perform any grading, and no person shall import or export any earth materials to or from any site, without first having obtained a permit therefor from the City Engineer. A separate permit will be required for each site. Retaining walls require a separate permit from building and safety.

B. Exceptions:

1 . An excavation less than two feet in depth and does not exceed 50 cubic yards.

A17-00132 Page 6

13

0123456789

2. An excavation that does not create a cut slope steeper than 2: 1, is not more than five feet in height and does not exceed 50 cubic yards.

3. A fill less than one foot in depth and placed on natural terrain with a slope flatter than 5: 1, does not obstruct a drainage course and does not exceed one acre in size or 1000 cubic yards.

4. A fill less than three feet in depth, not intended to support structures, does not exceed 50 cubic yards on any one lot, does not obstruct a drainage course and creates a fill slope no steeper than 2:1.

5. Excavations below finished grade for the construction of basement walls and foundations including grade beams, caissons, piles and other foundation systems authorized by valid building permits. This shall not exempt any fill made with material from such excavation nor exempt any excavation having an unsupported slope steeper than 2: 1 and a height greater than five feet after the completion of basement walls.

6. Excavations below finished grade for retaining walls less than six feet in height with no surcharge in areas not within the boundarie.s of the HMP.

7. Excavations below finished grade for retaining walls less than three feet in height with no surcharge in areas within the boundaries of the HMP.

8. Utility trenches, wells, and similar work, if the City Engineer determines that such exemption would not endanger life, limb, health, property, safety or public welfare.

9. Excavation for private cemetery grave.

10. Projects constructed by the City. However, all requirements of this grading ordinance shall still apply to City projects, but a permit need not be issued.

11. The provisions of this part shall not apply to any grading operation which is conducted during a period of emergency or disaster as determined by the City Council, City Attorney or Building Official or which is directly connected with or related to relief of conditions caused by such emergency or disaster.

12. Exploratory excavation for the preparation of a soils/geotechnical report completed under the direction of a geotechnical engineer or geologist if the City Engineer determines that such exemption would not endanger life, limb, health, property, safety or public welfare. This shall not exempt grading of access roads or pads created for exploratory excavations. Exploratory excavations must be restored to pre-disturbed condition as soon as practical.

13. Exceptions to the requirements for a grading permit in the Hillside Area will be reviewed and approved by both the City Engineer and Community Development Director. Applicant/Owner to be provided written approval of this exception determination.

Prior to beginning any work allowed by this exception, Applicant/Owner shall . notify City's Land Development Division 48 hours in advance of start of work

A17-00132 Page 7

14

0123456789

made pursuant to this exception. Start of work shall include the mobilization of any equipment.

14. Exceptions from the permit requirements shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions this Part or any other laws or ordinances of this jurisdiction.

Sec. 12.215.020 ... Requirements.

A. Plans and specifications. With each application for a grading permit and when required by the City Engineer for enforcement of any provisions of this Part, plans and specifications will be submitted in accordance with the current City submittal checklist for grading plans. Except as waived by the City Engineer for small or minor work, the plans and specifications shall be prepared and signed by a registered civil engineer

8. Modification of approved plans. All modifications of approved grading plans must be approved in writing by the City Engineer. All required soils and geological reports shall be submitted with the revised plans. No grading work in connection with the proposed modifications will be permitted without the prior written approval of the City engineer.

C.. Engineering geological reports. Prior to issuance of a grading permit, the City Engineer may require an engineering geological investigation, based upon the most recent grading plan. The engineering geological report shall be prepared and signed by an engineering geologist and shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geological conditions on the proposed development and an opinion on the adequacy for the intended use on the proposed site.

All reports shall be subject to approval by the City Engineer. If deemed necessary, supplemental reports and data may be required by the City Engineer. Recommendations included in the report and approved by the City Engineer shall be incorporated into the grading plan. An engineering geological report shall be required for all developments in hillside areas and other developments as determined by the City Engineer.

D. Soils engineering reports. A geotechnical/soils engineering investigation is required, based upon the proposed grading plan. Such reports shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures, design criteria for corrective measures, or such other criteria as required by the City Engineer. The geotechnical or soil Engineer shall also provide an opinion on the adequacy of the soil for the intended use of the site. All such reports shall be prepared and signed by the soils engineer or geotechnical engineer.

Recommendations included in the report and approved by the City engineer shall be incorporated into the grading plan or specifications.

A17-00132 Page 8

15

0123456789

The City Engineer may waive the requirement for soils engineering investigation if the City Engineer determines that such waiver will not endanger life, limb, health, property, safety, or public welfare.

E. Changed conditions. If the soil or other conditions are not as stated in the application for a grading permit, the City Engineer may suspen~ the grading permit until a revised grading plan is approved by the City Engineer.

F. Waivers. The City Engineer may waive the requirement for a contour map or subsurface exploration as required by this subsection if it is found that the information on the application is sufficient to show that the work will conform to the provisions of this Part and other relevant laws.

G. Preliminary grading plans. The City Engineer or Community Development Director may require a preliminary grading plan to be prepared as directed by the City Engineer or Community Development Director.

H. Site Drainage Plan. The City Engineer may require a Site Drainage Plan in order to ensure compliance with the Ventura County Municipal Separate Storm System (MS4) Permit and the Ventura County Technical Guidance Manual (TGM).

This may occur when the project is minor, however the project must comply with the MS4 Permit when not requiring a grading permit. Owner shall prepare a simplified site grading and drainage plan showing sufficient detail to demonstrate drainage patterns relating to the site improvements. Owner shall show all construction and post-construction best management practices (BMPs) required to meet the MS4 Permit. The drainage plan shall consider the drainage pattern across the property from all sides and the effects of neighboring properties. A proposed site improvement shall prevent existing cross lot drainage from occurring or cause new cross lot drainage unless otherwise approved by the City Engineer.

Sec. 12.215.030. - Permit Limitations and Conditions.

A. General. The issuance of a grading permit shall constitute an authorization to do only that work which is described on or illustrated on the application for the permit or on the site plans and specifications approved by the City Engineer.

B. Responsibility of permittee. The permittee and the permittee's agents shall carry out the proposed grading in accordance with approved plans and specifications, the conditions of the permit and with the requirements of this part and all other applicable laws. The permittee and the permittee's agents shall maintain all required protective devices and temporary drainage, maintain dust control and methods of hauling, and observe approved hours of work during the progress of the grading work. The permittee or the permittee's agents shall be responsible for maintenance of the site until such time as a notice of completion/final acceptance has been issued by the City Engineer. The permittee, permittee's agents, and each or all of them shall become subject to the penalties set forth herein in the event of failure to comply with this part and other applicable laws. No approval shall exonerate the permittee or the permittee's agents from the responsibility of complying with the provisions and intent of this Part.

A17-00132 Page 9

16

0123456789

C. Jurisdiction of other agencies. Permits under the requirements of this part shall not relieve the owner of responsibility for securing required permits for work to be accomplished which is regulated by any other. code, department or division of the City or any other governing agency. ·

D. Tract/parcel map requirements. If a final tract/parcel map is required under the San Buenaventura Municipal Code or Subdivision Map Act, no grading permit shall be issued for import or export of earth materials to or from, and no grading shall be conducted on, any grading site including the Hillside area unless a final tract/parcel map has been approved by the City Council. The City Engineer may waive the requirement that the final tract/parcel map be approved prior to issuance of a grading permit if all grading and improvement plans, cost estimates, bonds, and agreements are complete and otherwise ready for City Council action and the City · Engineer determines that such waiver will not endanger life, limb, health, property, safety, or public welfare.

In cases where a waiver is granted in the Hillside area, a grading permit will not be issued until all required plans are approved by the City Engineer and Community Development Director, following the payment. of necessary fees and submittal of 'any or all required bonding.

E. Conditions of permit. The City Engineer and Community Development Director may impose such regulations with respect to access routes to and from grading sites in the Hillside area as they shall determine are required in the interest of public health, safety, and welfare and safety precautions involving pedestrian or vehicular traffic.

F. Haul. No permit shall be issued for the export or import of earth materials to or from a grading site in areas involving ingress or egress on streets having less than· 17 feet in useable width, except upon the following conditions:

(1) The size or type of hauling equipment shall be limited in accordance with the width and conditions of the street.

(2) Traffic control devices, including flagmen, signs and markers shall be utilized at appropriate places along designated routes to and from such sites.

(3) Temporary no parking restrictions may be imposed with the approval of the City Engineer along such 'routes when determined necessary.

(4) Such other conditions as may be determined necessary for the public health, safety and welfare shall be imposed.

(5) In no event shall any export or import of earth materials to or from a grading site in hillside areas be undertaken or conducted except by use of equipment which complies in all respects with the state Vehicle Code.

(6) All loads shall be properly trimmed and watered, or otherwise secured so as to prevent spillage from the equipment.

(7) In all cases where the City Engineer designates the "haul" routes, such designation of routes shall take into consideration the most practical means of

A17-00132 Page 10

17

0123456789

transporting the earth materials to or from the grading site consistent with the safety and welfare of residents along the routes.

G. Conformance with general plan, policies and the zoning regulations required. No permit shall be issued for any grading or export or import of earth materials for any grading site except in compliance with the zoning, private street and division of land regulations contained in the San Buenaventura Municipal Code, the Subdivision Map Act of the State of California, the general plan, the HMP, the local coastal program, the specific plan for the area in which the grading is to be accomplished and local, state, and federal environmental laws and guidelines_

H. Time limitations. The permittee shall fully perform and complete all of the work proposed pursuant to the grading permit within the time limit specified in the permit.

If the permittee is unable to complete the work within the specified time, the permittee may, prior to the expiration of the permit, submit a written request for an extension of time in which to complete the work. If, in the opinion of the City Engineer, sufficient justification is shown, the time specified on the permit may be extended for a period of not more than 180 days, but no such extension shall release any surety upon the bond.

I. Entry upon premises. The City Engineer, the surety company or the duly authorized representative of either, shall at all times have access to the premises described in the permit for the purpose of inspecting the progress of the work. ·

In the event of default in the performance of any term or condition of the permit, the surety or any person employed or engaged on behalf of the surety shall have the right to go upon the premises to complete the required work.

It shall be unlawful for the owner or any other person to interfere with the ingress or egress from such premises of any authorized representative or agent of any surety company or the City engaged in the work ordered by the City Engineer.

J. Protection of Adjacent Property. The permittee and owner of the property on which grading ha.s been performed shall be responsible for the prevention of damage to adjacent property, including public and private streets, and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public or private street, sidewalk, alley, or other public or private property without taking adequate measures to support and protect such property from settling, cracking or other damage that might result. Any person performing any grading that involves imported or exported materials shall take special precautions, as approved by the City Engineer, to prevent materials from being deposited on the adjacent public way and/or drainage courses.

K. Consent of adjacent property owner. Whenever any excavation or fill requires entry onto adjacent property for any reason, the permit applicant shall obtain the written consent of the adjacent property owner or their authorized representative, and shall file a copy of said consent with the City Engineer before a permit for such grading work will be issued.

Page 11

18

0123456789

L. Restrictions during rainy season.

( 1) That period between the first· day of November and the following 15th day of April is hereby determined to be the period in which heavy rainfall normally occurs in the City of San Buenaventura. During this period, no grading work in excess of 250 cubic yards will be authorized to start on any single grading site under permit where the City Engineer determines that such work will endanger the public health or safety.

(2) Previously authorized grading work which extends into the rainy season shall be protected by incorporating temporary erosion control devices.

(3) Plans for erosion control devices shall be submitted to the City engineer and design approval obtained not later than the first day of October of the coming rainy season. The design of desilting basins which discharge into City streets or natural watercourses shall be under the control of the City engineer.

(4) All persons performing any grading operations during that period designated as the rainy season shall put into effect all safety precautions which· are necessary in the opinion of the City Engineer. All loose dirt shall be removed from the grading site and adequate anti-erosion or drainage devices, debris basins and other safety controls to protect the public health, safety and welfare and private and public pro·perty from damage of any kind shall be installed. All temporary erosion control devices, including desilting basins, shall be installed not later than the first day of November of each year.

(5) No persons shall excavate or fill so as to cause falling rocks, soil or debris in any form to fall, slide or flow onto adjoining properties.

(6) All grading activity shall conform to the requirements of the Ventura Countywide Stormwater Quality Management Program, the National Pollutant Discharge Elimination System (NPDES) and applicable NPDES permit issued by the State of California Regional Water Quality Control Board including the State General Permit for construction activity, the San Buenaventura Municipal Code and the California Storm Water Best Management Practices. When a notice of intent is required under applicable laws or regulations, the City Engineer will require that a copy of the notice of intent be submitted to the City Engineer prior to issuance of a grading permit. Refer to Section 12.220.080 for NPDES requirements.

Sec. 12.215.040. - Conditions of Approval.

In granting any permit under this part, the City Engineer or City Engineer's designated representative may attach such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property. Such conditions may include, but shall not be limited to:

1. Improvement of any existing grading to bring it up to the standards of this part.

2. Requirements for fencing of excavations or fills which would otherwise be hazardous.

A17-00132 Page 12

19

0123456789

Sec. 12.215.050. - Liability.

Neither the issuance of a permit under the prov1s1ons of this part, nor the compliance with the provisions hereof or with any conditions imposed in the permit issued hereunder, shall relieve any person from responsibility for damage to other persons or property, nor impose any liability upon the City for damage to other persons or prop·erty.

Sec. 12.215.060. - Denial of Permit.

A. Hazardous grading. A grading permit shall not be issued in any case where the City Engineer finds that the work proposed by the applicant is classed as hazardous grading and is liable to, among other things, endanger any private property or result in the deposition of debris on any public way or interfere with any existing drainage course.

B. Geological or flood hazard. If, in the opinion of the City Engineer, the land area for which grading is proposed is subject to geological, flood, or other hazard to the extent that no reasonable amount of preventative or corrective work can eliminate or sufficiently reduce the hazard to human life, safety or property, the grading permit and building permits for habitable structures shall be denied.

Chapter 12.220 - Grading Regulations

Sec. 12.220.010. - Plan-Checking and Permit Fees.

A. Plan-check fees. For excavation and fill on the same site, the fees shall be based on the volume of the excavation or fill, whichever is greater. Prior to acceptance of plans and specifications for checking, the City Engineer shall collect a plan-check fee. Separate permits and fees shall apply to retaining walls or other structures as indicated in the most recent California Building Code as adopted by the City. There shall be no separate charge for standard terrace drains and similar facilities. The fee for a grading permit authorizing additional work to that under a current valid permit shall be the difference between the fee paid for the original permit and the fee calculated for the revised total project. No fee refund will be made.

The amount of the plan-checking fee for the grading plans shall be as set by City Council resolution from time to time.

B. Permit fees. A fee for each grading permit shall be paid prior to the issuance of said permit. Double fees will be assessed where grading has been accomplished without an authorized permit. Fees shall be as set by City Council resolution from time to time.

Sec. 12.220.020. - Grading Bonds.

A. Requirements. A permit will not be issued for excavation or fill of more than 500 cubic yards in hillside areas, more than 1,000 cubic yards in other areas, or for work which requires retaining walls, until the permittee shall post with the City Engineer a

A17-00132 Page 13

20

0123456789

bond for the benefit of the City. The bond shall be executed by the owner and a corporate surety authorized to do business in this state as a surety in an amount sufficient to cover the cost of the project, including corrective work necessary to remove and eliminate geological hazards. All bonds shall be executed on forms obtainable from the City Engineer.

Exception: The City Engineer may waive the requirement that a bond be posted before a permit is issued as provided in this section if the City Engineer determines that no potential hazard would exist if the grading is not completed.

B. Cash or deposit agreement in lieu of bond. In lieu of a surety bond, the applicant may file a deposit agreement or deposit cash or other security as may be approved by the City, with the City Engineer upon the terms and conditions and in an amount equal to that which would be required in the surety bond. The deposit submitted with the cash bond may be in the form of cash or negotiable United States securities. The deposit agreement shall be on forms approved by the City Engineer.

C. Application of bond to adjacent property. Where grading is required on property adjacent to the grading site under permit to complete a project satisfactorily, written consent must be obtained from the adjacent owner and a copy of the written consent submitted to the City Engineer prior to commencement of grading on the adjacent property. The owner of such adjacent property . need not provide an additional grading bond if the original is of sufficient amount to include such additional grading.

D. Conditions of the bond, deposit agreement, or cash deposit. Every bond, deposit agreement or cash deposit shall be' conditioned such that the permittee shall:

(1) Comply with all of the provisions of this part and all other applicable laws and ordinances.

(2) Comply with all of the terms and conditions of the permit for excavation and fill to the satisfaction of the City Engineer.

E. Period and termination of bond, deposit agreement, or cash deposit. The term of each security shall begin upon the date of filing with and shall remain in effect until the completion of the work to the satisfaction of the City Engineer, plus an additional period of one year. Such completion shall be evidenced by issuance of a final grading certificate signed by the City Engineer. In the event of failure to complete the work or failure to comply with all of the conditions and terms of the permit, the City Engineer may order the work to be completed as required by the permit and to the satisfaction of his office. The surety executing such bond or such deposit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the City in causing any and all of such required work to be accomplished, and that said surety or the depositor assents to any lawful extensions of time within which to construct and complete such work. In the case of a cash deposit or deposit agreement, any unused portion shall be refunded to the permittee.

A17-00132 Page 14

21

0123456789

After the work has been completed to the satisfaction of the City Engineer, the City Engineer may release or exonerate the bond, deposit agreement, or cash deposit earlier than the additional one-year period if the City Engineer determines that the public health, safety and welfare is not jeopardized. In no case shall the security be released earlier than four months after the grading work has been completed to the satisfaction of the City Engineer.

F. Amount of security. The amount of the security shall be based upon the estimated cost plus 25 percent, as determined by the number of cubic yards of material in either excavation or fill, whichever is the greater amount, and shall include the cost of all retaining walls, drainage structures, erosion control, and other protective devices as may lawfully be required.

Sec. 12.220.030. - Hazardous Soil and Earth Conditions.

Whenever the City Engineer determines by inspection that any land or any. existing excavation or fill has from any cause become a menace to life or limb, endangers public or private property or affects the safety, usability or stability of a public way, the owner or other entity in legal control of the property concerned shall, upon receipt of written notice thereof from the City Engineer, correct such condition in accordance with the provisions of this part and the requirements and conditions set forth in such notice to eliminate the undesirable condition.

The owner, or other person in control of such property shall immediately commence the work required by such notice and shall complete the same within a maximum time of 120 days from the date of such notice unless a shorter period of time for completion has been specified in the notice, in which case the owner or other person shall comply within such time as specified.

Sec. 12.220.040. - General Requirements.

A. Permit Issuance. Upon satisfactory preparation, completion, and approval of the grading plan, including the preparation of other associated grading documents (i.e., Storm Water Pollution Prevention Plan (SWPPP)/ Storm Water Pollution Control Plan (SWPCP), Operations and Maintenance Plan, Declaration of Covenant), posting of acceptable security, and payment of Grading Permit and Stormwater Inspection Fees, a grading permit may be issued.

B. Prior to Start of Construction.

1. Preconstruction Meeting. Applicant shall hold a pre-construction meeting at the project site to review project and plans. Attendees shall include applicant, applicant's engineers (Civil, Soils, Geotechnical), grading contractor, and City inspection staff.

2. Notification. For hillside grading, applicant shall provide written notice to nearby properties and those properties along access/haul routes of pending grading in accordance with the noticing requirements of the City's zoning

A17-00132 Page 15

22

0123456789

ordinance (Section 24.560.040). The content of the notice shall be approved by City Engineer.

3. Equipment Haul Route. Grading applicant/contractor shall obtain an approved haul route permit for moving any earthmoving equipment on or off the property. A haul route permit shall be obtained from the City's Traffic Division. The Transportation Manager may waive this requirement.

C. Supervision. The permittee shall provide sufficient supervisory control during the grading operation to insure compliance with approved plans and with the San Buenaventura Municipal Code. When required by the City Engineer, the permittee shall obtain the services of a geotechnical engineer or soils engineer to monitor the work. The geotechnical engineer and soils engineer shall be properly qualified in accordance with section 12.210.020 of this part and qualified to perform such

· services with in the City.

D. Safety precautions during grading. If, at any stage of work on an excavation or fill, the City Engineer determines by inspection that further work as authorized by an existing permit is likely to endanger any person or property, the City Engineer may require that plans for such work be amended to include adequate safety precautions as a condition to allow the work to continue. Safety precautions may include, but shall not be limited to, specifyi.ng a flatter exposed slope or construction of additional drainage facilities, berms, terracing, compaction, cribbing·, retaining walls or buttress fills, slough walls, desilting basins, check dams, benching, wire mesh and guniting, rock fences, revetments or diversion walls.

E. Violations.

1. It shall be unlawful for any person to fail, refuse or neglect to comply with the following provisions:

(a) All orders issued by the City Engineer or the Building Official pursuant to the provisions of this part.

(b) All conditions imposed on grading permits pursuant to the provisions of this part.

(c) All rules and regulations of the City with respect to grading which were in effect at the time the grading permit was issued.

2. Any person, firm or corporation violating any of the provisions of this part shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this part is committed,· continued, or permitted, and upon conviction of any such violation said person shall be punishable by a fine of not more than $1,000.00, or by imprisonment for not more than six months, or by both such fine and imprisonment.

3. Stop work orders. Whenever any construction or work is being done contrary to the provisions of any law or ordinance, or public or private property is endangered, the City Engineer may issue a written notice to the responsible

A17-00132 Page 16

23

0123456789

party to stop work on that portion of the work on which the violation has occurred or upon which the danger exists. The notice shall state the nature of the violation or of the danger and no work shall be done on that portion until the violation has been rectified and approval obtained from the City Engineer or until, as a condition for continuance of the work, special precautions to eliminate the hazards have been approved and imposed by the City Engineer and performed by the permittee.

F. Grading inspection.

1. All construction or work for which a permit is required shall be subject to inspections by authorized employees of the City, and certain types of work, as determined by the City Engineer, shall have either continuous or periodic observation by a civil engineer, soils engineer, or engineering geologist employed by the applicant or property owner as a condition of issuance of the grading permit. Prior to issuing a final grading certificate, an inspection shall be made of all construction or work for which a permit has been issued.

2. Exposure of work. Whenever any work for which inspections are required is covered or concealed by additional work without having first been inspected, the City Engineer may require that such work be exposed for examination. The work of exposing and recovering shall not entail expense to the City of San Buenaventura.

3. Notice. The permittee is required to notify the City Engineer 48 hours prior to the start of any work on site. The permittee or the permittee's agent shall notify the City Engineer 24 hours in advance during the construction phase when the grading operation is ready for each of the following inspections listed in subsections (b) to (h) herein:

(a) Pre-grade inspection: When the permittee is ready to begin work, but before any grading or brushing is started.

(b) Toe inspection: After the natural ground is exposed and prepared to receive fill, but prior to the placement of any fill.

(c) Excavation inspection: After the excavation is started, but before the vertical depth of the excavation exceeds ten feet.

( d) Fill inspection: After the fill emplacement is started, but before the vertical height of the lifts exceeds ten feet.

(e) Drainage device inspection: After forms and pipe are in place, but before any concrete is placed.

(f) Rough grading: When all rough grading and approximate elevations have been established, including drainage swales, terraces, berms, and other drainage devices necessary for the protection of the building site(s) have been completed. This may be called for at the completion of the rough grading without the necessity of the City Engineer having previously reviewed and approved the Rough Grading Soil Report(s).

A17-00132 Page 17

24

0123456789

(g) Final: When all work, including installation of all drainage structures, other protective devices, and planting and slope stabilization has been completed and the "as graded" plan and required reports have been submitted.

(h) Other inspection: In addition to the called inspections above, the City Engineer may make other inspections of any work to ascertain compliance with the provisions of this part and other laws.

4. Special inspections and monitoring. Where necessary, the City Engineer may require the permittee or property owner to employ:

(a) A civil engineer to monitor all grading.

(b) A geotechnical/soils engineer to provide either periodic or continuous soils inspection.

(c) An engineering geologist to provide geological inspections.

The employment of the above shall not be deemed to render unnecessary any inspections described in this part except that on any work requiring continuous monitoring by a civil engineer, geotechnical engineer or soils engineer, the inspections required by this section may be delegated to the engineer by the City Engineer. If said engineer fulfilling engineering responsibility under this section finds that work is not being done in conformance with this part or the plans and specifications approved by the City Engineer, the engineer shall immediately notify the person in charge of the grading work and the City Engineer in writing of the nonconformity and the corrective measures to be taken.

The engineer monitoring grading work shall immediately notify the City Engineer in writing upon the termination of his or her engineering services.

All work shall immediately stop upon the termination of the services of the engineer whose name appears on the grading permit as having been approved to monitor the grading work, and it shall not commence ag_ain until the new approved civil/geotechnical/soils engineer certifies in writing to the City Engineer that he/she has reviewed all phases of the project and is thoroughly familiar with it. Upon receipt of this notice, the City Engineer will give written notice that work may proceed.

5. Reports/Certifications. Upon completion of the work, the City Engineer shall require the permittee or property owner to have prepared the following reports and information:

(a) Rough Grading Certificate.

(1) Report from a registered civil engineer certifying the satisfactory completion of rough grading including grading to approximate plan elevations, property line located and staked, cut/fill slopes correctly graded, berms installed, and that the recommendations of any engineering geologist or geotechnical or soils engineer reports have been followed ..

A17-00132 Page 18

25

0123456789

(2) A geotechnical/soils engineering report, including a statement that the portion of the work concerning the preparation of the existing ground surface and the placing and compaction of fill is in conformance with the approved plans and the appropriate provisions of this section entitled "Fills."

The report shall also include the final soil-bearing capacity, a finding as to the expansive· characteristics of the soil and the presence of buttress fills on a lot by lot basis, the location of sub~drains, and a summary of tests. The location of such tests and the limits of the compacted fill shall be shown on a final plan, which shall also show by plan and cross section the location of any rock disposal areas and/or buttress fills, if such were involved in the grading.

(3) An engineering geological report by an engineering geologist based on the as-graded plan including specific approval of the grading as affected by geological factors. Where necessary, a revised geological map and cross sections including faults and other geologic structures, and any recommendations necessary shall be included.

(b) Final Grading Certificate.

(1) Report from a registered civil engineer certifying that all grading, lot drainage and drainage facilities have been completed in conformance with the approved plans and this part.

(2) All existing survey monumentation shown on the existing topographic survey to be preserved and/or replaced per City Standard Details. Developer shall provide the City Surveyor with all Survey Notes and documentation for review and acceptance. All Survey monuments must be in place and accepted by the City Surveyor prior to Final Acceptance.

G. Excavations.

1. Height. Cut slopes which exceed 100 feet in vertical height shall be constructed with a minimum of one terrace for each 25 feet in vertical height. The terraces shall be evenly spaced on the slope and shall have a minimum width of 1 O feet. The cross section of benches shall be as shown in City standard construction details.

2. Slope. Excavations may be no steeper than is safe for the intended purpose and shall not be made with a cut face steeper in slope than 2: 1.

Exception: The City Engineer may permit the excavation to be made with a cut face steeper in slope than 2: 1, if the applicant provides a current geotechnical report using subsurface exploration by both a geotechnical engineer and an engineering geologist to justify a steeper slope to the satisfaction of the City Engineer. The report must specify that the materials making up the slope of the excavation and the underlying bedrock are capable of standing on a steeper slope with a factor of safety of not less than 1.5 for static loads.

A17-00132 Page 19

26

0123456789

3. Excavation setback near foundations. Excavations shall not extend below a line that is projected at an angle of 2:1 from the bottom of the nearest point of any footing or foundation of any building or structure unless such footing or foundation is first properly underpinned or supported against settlement or a civil engineer has determined to the satisfaction of the City Engineer that the proposed excavation will not affect the existing structure.

4. Unstable slopes. If the material of the slope is of such composition and character as to be unstable, considering all types of anticipated loading and moisture conditions, the engineering geologist or soils engineer shall, by testing and analysis, provide specific criteria for its stabilization by reduction of slope angle, buttressing, or by a combination of these or other means so as to produce a stable slope with a factor of safety not less than 1.5 for static loads.

5. Cut. slope setback. All cut slopes shall be within properties or parcels under one ownership. They shall not be divided horizontally by property lines. Tops of cut slopes shall not be made near~r than one-fifth the height of the cut with a minimum setback of two feet or that which is required to accommodate any interceptor drain to a property line, but need not exceed a horizontal distance of ten feet. If the City Engineer determines that the above is unnecessary because of special conditions, the City Engineer may make adjustments as a condition of the grading permit.

6. Interceptor terraces. On cut slopes exceeding 25 feet in height, interceptor terraces shall be constructed in accordance with City standards. Terraces shall be paved with concrete on cut slopes and shall have a minimum width of eight feet and shall be spaced at maximum intervals of 25 feet measured vertically. Where only one terrace is utilized, it shall be placed at mid-height. All terraces and down-drains must comply with the provisions for "erosion control and drainage devices" set forth in this part.

7. Diverter terraces. Diverter terraces shall be constructed in accordance with the requirements contained under "erosion control and drainage devices" of this part.

H. Fills.

1. Slope. No fill shall be. made which creates any exposed surface steeper in slope than 2:1.

Exception: The City Engineer may permit a fill to be made which creates an exposed surface steeper in slope than 2: 1 if the applicant shows through an investigation, subsurface exploration, analysis and report of a geotechnical engineer and engineering geologist that the strength characteristics of the material to be used in the fill are such as to produce a safe and stable slope with a factor of safety not less than 1.5 for static loads and the areas on which the fill is to be placed have sufficient strength characteristics to support the fill within reasonable settlement values.

2. Slope reduction. The City Engineer may require that the fill be constructed with an exposed surface flatter than 2:1 if, under the particular conditions, such

A17-00132 Page 20

27

0123456789

flatter surface is determined by the City Engineer to be necessary for stability or safety.

3. Height. Fill slopes which exceed 100 feet in vertical height shall be constructed with a minimum of one bench for each 100 feet in vertical height. The benches shall be evenly spaced on the slope and shall have a minimum width of 30 feet and shall be constructed in accordance with City standard construction details.

4. Interceptor terraces. On fill slopes exceeding 25. feet in height, interceptor terraces shall be constructed in accordance with City standard construction details. Terraces shall be spaced at maximum intervals of 25 feet measured vertically. Where only one terrace is utilized, it shall be placed at mid-height. All terraces and downdrains must comply with the provisions for "erosion control and drainage devices" set forth in this part.

5. Placement. Fill slopes shall not be constructed on natural slopes steeper than 2 units horizontal to t unit vertical. All fills shaU be placed, compacted, inspected, and tested in accordance with the following provisions. If the strict enforcement of this section is determined by the City Engineer to be unnecessary because of

. the proposed or probable use of land, the City Engineer may waive these requirements.

These requirements shall not be waived when structures are to be supported by the fill or where they are necessary as a safety measure to aid in preventing the saturation, settl.ing, slipping or erosion of the fill.

(a) Preparation of ground. The existing ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, or other unsuitable material and scarifying the ground to provide a bond with the fill material. Where the slope of the ground surface is 5: 1 or steeper, the fill shall be supported by keys and level benches cut into competent material as determined by the geotechnical engineer. The key under the toe of a fill slope steeper than 5: 1 shall be at least ten feet wide and 2 feet deep into firm native soil or bedrock. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. When fill is to be placed over a cut, the bench under the toe of fill shall be at least ten feet wide, but the cut shall be inspected and approved as being suitable for the foundation and placement of fill material by the geotechnical engineer or engineering

. geologist or both before placing the fill and before acceptance by the civil engineer.

(b) Benching. Where existing grade is at a slope steeper than 5 units horizontal to 1 unit vertical (20 percent) and the depth of the fill exceeds 5 feet, benching shall be provided into sound bedrock or other competent material as determined by the Geotechnical Engineer. When fill is to be placed over a cut, a key shall be provided which is at least 10 feet in width an 2 feet in depth. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be constructed thereon. The Geotechnical Engineer or Engineering Geologist or both shall inspect and approve the cut as being

A17-00132 Page 21

28

0123456789

suitable for the foundation and placement of fill material before any fill material is placed on the excavation.

( c) Subdrains. Subdrains shall be provided under all fills placed in natural drainage courses and in other locations where seepage is evident except where the geotechnical engineer or engineering geologist recommends otherwise. Such subdrainage systems shall be of a material and design approved by the geotechnical engineer and acceptable to the City Engineer. The geotechnical engineer shall provide continuous monitoring during the process of subdrain installation to conform to approved plans .and the geotechnical engineer's recommendations. Such monitoring shall be done by the soil testing agency employed by the permittee. The locations of the subdrains shall be shown on a plan approved by the geotechnical engineer.

(d) Fill material. Organic material shall not be permitted in fills. No rock or similar irreducible materials with a maximum dimension greater than eight inches shall be buried or placed in fill except as recommended by the geotechnical engineer, approved by the City Engineer, and meeting the following requirements:

(1) The oversized material shall be placed 10 feet or more below finish grade.

(2) The soils engineer shall be present while the oversized material is placed and covered.

(3) The reports submitted by the soils engineer shall acknowledge the placement of the oversized material and whether the work was performed in accordance with his recommendations and the approved plans.

(4) The location of oversized rock dispersal areas shall be shown on the as-graded plan.

Rock or similar irreducible materials less than eight inches in greatest dimension shall be placed in such a manner as to prevent nesting of oversize particles and to assure that all voids are filled with fine-grained materials.·

(d) The fill shall be spread in a series of loose lifts, each not exceeding eight inches in thickness, and shall be compacted by sheepsfoot roller or other approved method after each layer is spread. The next lift shall not be placed until the compacted lift is tested by the soils engineer and authorized by the City Engineer.

(e) The moisture content of the fill. material shall be controlled at the time of spreading and compaction to obtain required relative compaction. A soils engineer shall establish the allowable moisture range which minimizes settlement.

A17-00132 Page 22

29

0123456789

(f) All fills shall be compacted to a minimum of ninety percent of maximum density as determined by A.S.T.M. D 1557, "Modified Proctor". The City Engineer may approve alternate minimum compaction densities where a soils engineer or geotechnical engineer has determined to the satisfaction of the City Engineer that alternate minimum compaction densities are necessary to achieve the maximum benefit from soil consolidation. If the required degree of relative compaction cannot be attained on sloped surfaces, the slope shall be overfilled and cut back until the compacted inner core is exposed. Field density shall be determined by A.S.T.M. D 1557, Modified Proctor, or other methods approved by the City Engineer which give equivalent results.

(g) A sufficient number of tests shall occur to satisfy the City Engineer that all requirements have been met. At a minimum, a field density test, as herein provided, shall be taken for each two feet of fill, or portion thereof, measured vertically from the lowest point of the area to be filled and for each 1,000 cubic yards of fill placed. In addition, in the case of subdivisions, at least one field density test shall be taken on each lot which receives fill. One field density test shall be taken on the slope face for every four feet in elevation of the slope or every 1,000 square feet of slope for each lot.

6. Rough grading certificate. All fills regulated by this part shall be tested· for relative compaction by a soils testing agency. A certificate of compliance with the terms of this section and the grading permit, setting forth densities, relative compaction and other soil characteristics shall be prepared and signed by a geotechnical engineer. This report shall be submitted to and approved by the City Engineer before any final approval of the fill is given and before any foundation construction begins.

7. Toe location. Fills that toe out on natural slopes which are steeper than 2:1 shall not be permitted.

Exception: The City Engineer may permit the placement of fill on slopes as steep as 1 %: 1, if the applicant shows through subsurface exploration and · appropriate analysis by both a geotechnical engineer and an engineering geologist that the material making up the natural slope is capable of supporting the proposed fill.

8. Toe setback. Toes of fill slopes shall not be made nearer to a project boundary/property line than one half the height of the fill with a minimum setback of 2 feet, but need not exceed a horizontal distance of 20 feet. Fill slopes shall not be divided horizontally by property lines. If the City Engineer determines that the above is unnecessary because of special conditions, the City Engineer may make adjustments as a condition of the grading permit.

9. Combined cut and fill slopes. Combined cut and fill slopes shall meet the requirements of this Part insofar as steepness, height, and benching are concerned except that, where the slope exceeds 25 feet in height, the required

A17-00132 Page 23

30

0123456789

terrace shall be placed at the mid-height location of the cut slope or as determined by the geotechnical engineer..

10. Old fHls. All existing manmade fills on any and all sites will be properly evaluated and recommendations and design criteria for corrective measures shall be included within the soils engineering report, if deficiencies exist.

11. Progress reports. Periodic soils reports by a geotechnical engineer certifying the compaction or acceptability of all fills will be required monthly for projects extending three months or longer. These shall include, but need not be limited to, inspection of cleared areas and benches prepared to receive fill, removal of soil and unsuitable materials, the placement and compaction of fill materials, and the inspection of buttress fills, subdrains, and similar devices.

The City Engineer may require sufficient inspection by an engineering geologist to assure all geologic conditions have been adequately considered. Where geologic conditions warrant, the City Engineer may require periodic geologic reports. These inspections and reports may be required to include, but need not be limited to, inspection of cut slopes, canyons during clearing, operations for groundwater and earth material conditions, placement of subdrains, benches prior to placement of fill, and possible spring locations.

I. Planting and irrigation of cut and fill slopes.

1. General. All fill and cut slopes greater than four feet in vertical height, and any natural slopes from which native vegetation has been removed, which are determined by the City Engineer to be subject to erosion, shall be planted and irrigated with an irrigation system to promote the growth of ground cover plants to protect the slopes against erosion, as required by this section. The owner shall be responsibl~ for planting and maintaining all slopes where such is required in this section.

2. Minimum requirements.

(a) Low slopes to 15 feet in vertical height.

A17-00132

(1) Plant with grass or ground cover plants as recommended on the approved planting schedule. Other plants recommended by a landscape architect will be considered for approval by the Parks Manager.

(2) An irrigation system shall be installed to irrigate these slopes as a part of the onsite plumbing installation, unless otherwise approved by the City Engineer.

(3) The owner shall water the slopes which have been planted with grasses and ground cover plants at sufficient time intervals to promote growth.

Exception: Where the City Engineer finds the slope is located in such an area to make hand-watering possible, conveniently located hose bibs will be accepted in lieu of the required irrigation system when a hose no longer than 50 feet would be necessary.

Page 24

31

0123456789

(b) Medium slopes 15 feet to 38 feet in vertical height.

(1) Plant with grass or ground cover plants as recommended on the approved planting schedule. Other plants may be recommended by a landscape architect for approval by the Parks Manager.

(2) In addition to ground cover plants, approved shrubs having a one-gallon minimum size at ten feet on center in both directions on the slope may be used in conjunction with an irrigation system. The plants and planting pattern may be varied to include trees upon the recommendation of a landscape architect and approved by the Parks Manager.

(3) An adequate irrigation system shall be installed during grading, prior to planting of shrubs and trees.

(c) High slopes 38 feet or over in vertical height.

(1) Plant with grass or ground cover plants as recommended on the approved schedule. Other plants recommended by a landscape architect may be submitted to the Parks Manager for approval.

(2) In addition to ground cover plants, approved shrubs having a minimum one-gallon size at ten feet on center in both directions on the slope or trees at 20 feet on center both ways may be used.

A combination of shrubs and trees may be utilized. This plant and planting pattern may. be varied upon the recommendation of a landscape architect and approval by the Parks Manager.

(3) Slopes exceeding a height where a drainage terrace is required shall be planted with shrubs, minimum size one-gallon, two feet on center, parallel to the benches and within two feet of the uphill side. Larger varieties may be staggered one each side of the bench as an alternative.

(4) An adequately designed irrigation system shall be installed prior to planting shrubs and trees.

3. · Special requirements for irrigation systems.

(a) Plans for irrigation systems shall be submitted to and approved by the Parks Manager prior to installation.

(b) The irrigation system shall be designed to provide a uniform water coverage at a rate of precipitation of not less than 1/1 O inch per hour nor more than 3/1 O inch per hour on the planted slope. In no event shall the rate of precipitation duration of sprinkling be permitted to create a saturated condition and cause an erosion problem, or allow the discharge of excess water into any public or private street.

(c) A check valve and balance cock shall be installed in the system where drainage from sprinkler heads will create an erosion problem.

A17-00132 Page 25

32

0123456789

(d) Adequate backflow protection shall be installed in each irrigation system as required by the California Plumbing Code.

* (e) A function test of the irrigation system shall be performed by the installer for

every irrigation system prior to approval.

(f) Where PVC pipes are used on slopes, they shall be a minimum of schedule 40 embedded at least eight inches below grade. Such pipes may be exposed for above-ground installation provided they are ASTM rated as resistant to ultraviolet sunlight. All risers, sprinkler heads, valves and fittings shall be brass or galvanized metal, or rated as sunlight resistant.

4. Plants. All plants required by this section shall be selected from a list appmved by the Parks Manager.

J. Erosion control and drainage devices.

1. Water disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainage way approved by the City Engineer as a safe place to deposit such waters. Erosion of ground in the area of discharge shall be prevented by installation of non-erosive down-drains or other devices.

2. Interceptor terraces. Paved . (concrete) interceptor terraces shall have a minimum width of eight feet, a minimum depth of one foot, and shall be installed on the face of all cut and fill slopes at intervals not to exceed 25 feet measured along a vertical plane.

The longitudinal· slope of interceptor terraces shall not be less than four percent or more than 12 percent, and any change in rate of grade within these allowable slopes shall increase the grade in the direction of flow.

A single run of a terrace shall not exceed 150 feet to a downdrain.

Downdrains shall be embedded and round pipes enclosed in concrete shaped as shown in the City Standard Construction Details, or an alternate design which is prepared by a civil engineer and acceptable to the City Engineer.

The cross section of interceptor terraces shall meet the specifications shown in the City standard construction details.

3. Diverter terraces. Paved (concrete) diverter terraces, three feet in width and one foot in depth, constructed as shown in the City standard construction details, shall be installed at the top of all cut slopes where the tributary drainage area above has a slope exceeding ten horizontal to one vertical and a horizontal projection of greater than 40 feet.

4. Berms. Berms as shown in the City standard construction details shall be constructed at the top of all slopes.

5. Vee channels. Where a slough wall is required at the toe of the slope or a retaining wall is built to support any cut or fill, a Vee Channel shall be constructed behind the wall to carry off the slope waters.

A17-00132 Page 26

33

0123456789

6. Inlet structures, downdrains and outlet structures.

(a) Inlet structures. Inlet structures shall be of concrete or galvanized steel hot­dipped in asphalt or equivalent. The inlet shall be grated or of such entry shape as to . prevent entry of objects of greater than four inches in dimension. Wet structures shall be placed. as shown in the City standard construction details and shall be so shaped as to minimize entry losses. An overflow structure into the "Vee" downdrains shall be provided.

(b) Downdrains. Pip.e downdrains shall be corrugated steel pipe, galvanized, hot dipped in asphalt or equivalent with paved invert or reinforced concrete pipe, D-800 or P.V.C. SOR 35 or HOPE in conformance with the City standard construction details, and shall have a diameter of a size required by run-off calculations, but not less than 12 inches.

Open downdrains shall be of concrete or corrugated galvanized steel hot­dipped in asphalt or its equivalent with paved invert. Open channel downdrains shall be designed by a civil engineer and shall have a minimum capacity equal to four times the required pipe size. The alignment of downdrains shall be such as to conserve velocity head.

(c) Outlet structures. Outlet structures shall be of concrete or as approved by the City Engineer.

Where outletting into streets, the structure shall be of a design approved by the City Engineer.

Where outletting into natural watercourses or other approved locations, the structure shall be provided with adequate velocity reducers, diversion walls, rip-rap, concrete aprons or similar energy dissipater as approved by the City Engineer or other jurisdictional agency. All slope drainage shall be collected and disposed of in the drainage device.

7. Run-off computations. Run-off shall be based upon the proper 50-year isohyetal and the run-off calculation shall be based upon the latest methods approved by the City Engineer.

8. Drainage dispersal wall. A drainage dispersal wall shall be constructed in conformance with the City standard construction details whenever it is necessary to convert channel flow to sheet flow. .

9. Site drainage. All building pads shall slope a minimum of two percent to an approved drainage device or to a public street. Where used, the drainage device shall be an adequately designed system of catch basins and drain lines which conducts the water to a street, storm drain or natural watercourse approved by the City Engineer, as a safe place to deposit such waters. Refer to City's building standards for fine grading requirements and drainage around building foundations (Chapter 12.115).

10. Maintenance of draJnage. Drainage in conformance with the provisions of this · part shall be maintained during and subsequent to construction. Suitable

A17-00132 Page 27

34

0123456789

access shall be provided to permit cleaning and maintenance of all drainage and erosion control devices.

K. Driveway slopes. Driveways shall have a maximum slope of 5: 1 (20 percent) and shall terminate at both ends with vertical curves. The vertical curve of the bottom of the driveway slope shall have a minimum length of five feet. The vertical curve· at the top of the driveway slope shall have a minimum length of ten feet. Vertical curves at grade changes, which exceed one-half percent, shall have a minimum length of five feet.

Sec. 12.220.050. - Building Setback.

A. Building setback. Building foundations shall be located clear of all slopes in accordance with the California Building Code (CBC) as adopted by the City of San Buenaventura.

Sec. 12.220.060. - Buttress Fills.

A. General. A buttress fill is a designed compacted earth fill used for providing lateral support to an unstabilized soil mass. All buttress fills shall comply with the most restrictive of the requirements of this section or other sections of this part.

B. Foundation. The ability of the foundation soil to support the buttress shall be investigated and a soils engineer shall provide specifications for keying of the base of the buttress and for bonding the buttress to the natural ground.

C. Base width. The minimum base width of a buttress fill shall not be less than 15 feet. The width of a buttress fill may vary uniformly to a top width of not less than 12 feet.

D. Height. The maximum height of buttress fill shall be 30 feet unless the geotechnical engineer provides substantiating calculations to justify a height greater than 30 feet.

E. Slope. The exposed surface of a buttress fill shall not exceed a slope of 2: 1.

Exception: The City Engineer may permit a buttress fill to be made which creates an exposed surface steeper in slope than 2: 1 provided:

1. The use of the steeper slope is determined to be necessary due to special design limitations on the site; and

2. The gradient does not exceed one and one-half horizontal to one vertical; and

3. The applicant shows through investigation, subsurface exploration, analyses and report by both a qualified geotechnical engineer and an engineering geologist, to the City Engineer's satisfaction, that the buttress fill to be used and the underlying bedrock supporting the fill will have strength characteristics sufficient to produce a stable slope with a minimum factor of safety not less than one and one-half under static loads.

F. Subdrain. Subdrains which blanket the entire back face of the buttress or which occur at intervals shall be provided to prevent buildup of hydrostatic pressure. Details of subdrains shall be provided by the geotechnical engineer.

A17-00132 Page 28

35

0123456789

G. Design. Design calculations for all buttress fills shall be prepared by a civil engineer or geotechnical engineer and submitted to the City Engineer.

For design purposes, the resistance of the bedding plane shall be substantiated by tests taken along the probable slip plane under conditions simulating the worst possible field conditions. The method of performing these tests shall be included in the geotechnical engineer's reports. , ·

The mass of earth to be retained shall be assumed to extend a minimum distance from the top face edge of the buttress equal to (a) the vertical height of the buttress when the surface slope above does not exceed six degrees, or (b) 100 feet when the surface slope above the buttress exceeds six degrees.

The type, percentage of compaction, cohesion and angle of internal friction of the materials to be placed in the buttress shall be specified. The buttress fill shall be designed for a minimum safety factor of 1.5, based upon the smaller value of ultimate or residual shear strength of the fill material.

I. Deviations. Upon recommendation by a geotechnical engineer, deviations from the above requirements other than those set forth in subsection "E" above may be approved if the City Engineer determines that the proposed deviations do not endanger life, limb, health, property, safety, or public welfare.

Sec. 12.220.070. -Areas Subject to Geologically Hazardous Conditions.

A. General. The provisions of this section shall be fully complied with prior to issuance of a grading permit in areas subject to existing or potential slides, unstable soil, or geologic hazards or other hazardous conditions as determined by the City Engineer.

B. Records and· maps. The City Engineer or Building Official may adopt maps delineating areas of relative hazard for the application of this section.

C. Permission to do work.

1. Active landslide and historic landslide areas. No building or grading permits shall be issued for development in active or historic landslide areas until, and unless, stabilization of the entire slide or soil mass which may have an adverse effect on the proposed development or access thereto can be satisfactorily demonstrated to the City Engineer and the Building Official.

2. Prehistoric landslide or questionable areas. No building or grading permit shall be issued for development in prehistoric landslide or questionable areas except by specific approval of the City Engineer and the Building Official, based upon a geological report by an approved soils engineer or geologist, attesting to the apparent safety of the proposed developments, and stating that the development is not located in an area subject to slides or unstable soil which may have an adverse effect on the proposed development or access thereto.

A17-00132 Page 29

36

0123456789

3. Geologically hazardous areas.

(a) An engineering geology report by a geotechnical engineer or engineering geologist shall be submitted to the City Engineer for approval for all grading or construction sites which meet the following criteria:

(1) All projects which require a soils, geotechnical, or geological report under other sections of this part.

(2) All projects which are within the boundaries of special study areas, seismic zones, geohazard zones, or moderate or high liquefaction hazard zones.

Exclusions: Single-story additions to single-family residences may be excluded from these requirements if the City Engineer or the Building Official determines that such exemption would not endanger life, limb, health, property, safety or public welfare.

(b) Where the engineering geology report determines that there is a significant potential geological hazard, mitigation measures as recommended in the report and approved by the City Engineer shall be performed.

4. Other conditions. If, in the opinion of the City Engineer or the Building Official, there is evidence of potentially hazardous conditions other than those covered by items 1, 2, and 3 of subsection C, above, satisfactory reports from an approved soils engineer and engineering geologist may be required. If such reports are required, a permit may be issued if the reports testify to the apparent safety of the development. If, in the opinion of the City Engineer or Building Official, it is found that the area in question has elements of hazard, or if the reports so indicate, a permit may be refused.

Section 12.220.080. National Pollutant Discharge Elimina~ion System (NPDES) Compliance.

A. General. All grading plans and permits and the owner of any property on which such grading is performed shall comply with the provisions of this section for NPDES compliance.

All Best Management Practices (BMPs) shall be installed before grading begins. As grading progresses, all BMPs shall be updated as necessary to prevent erosion and control construction-related pollutants from discharging from the site. All BMPs shall be maintained in good working order to the satisfaction of the City Engineer unless final grading approval has been granted by the City Engineer and all permanent drainage and erosion control systems, if required, are in place.

B. Storm Water Pollution Prevention Plan (SWPPP). The City Engineer may require a SWPPP in accordance with the Ventura County Stormwater Quality NPDES MS4 Permit. The SWPPP shall contain details of Best Management Practices (BMPs), including temporary drainage or control measures, or both, as may be

A17-00132 Page 30

37

0123456789

necessary to control construction-related pollutants which originate from the site as a result of construction related activities. No grading permit shall be issued until a written Notice of Intent has been obtained by the permittee from the State Regional Water Quality Control Board and the SWPPP has been completed by the permittee's Engineer and is ready to be available at the construction site at all times. Upon inspection by and at the direction of City, the grading permit applicant shall make corrections to the SWPPP if the BMPs are not functioning properly. The City Engineer may issue a stop work order on all grading until the site is brought into NPDES compliance.

C. Storm Water Pollution Control Plan (SWPCP). A SWPCP may be required on projects that are less than one acre of disturbed area. The SWPCP shall contain practical Best Management Practices (BMPs) to reduce the discharge of construction pollutants and sedimentation to a water body. A SWPCP shall be signed by the grading permit applicant and Project Engineer. The SWPCP will remain in effect throughout the duration of the grading permit. The SWPCP may need to be revised during construction .to reflect the current site conditions. Upon inspection by and at the direction of City, the grading permit applicant shall make corrections to the SWPCP if the BMPs are not functioning properly. The City Engineer may issue a stop work order on all grading until the site is brought into NPDES compliance.

D. SWPPP and SWPCP, Effect of Non-compliance. Should the owner fail to install the Best Management Practices (BMPs) required by this Section, it shall be deemed that a default has occurred under the conditions of the grading permit security. The City Engineer may deem it necessary to protect adjoining property from the effects of erosion, flooding or the deposition of mud, debris or construction-related pollutants and require the surety to install and maintain adequate sediment control BMPs and protect the adjacent properties and watercourses that may be threatened from sedimentation.

SECTION 2: The City Council hereby determines that this Ordinance amendment is exempt from environmental review pursuant to Section 15308 of the California Environmental Quality Act (CEQA) Guidelines because it consists only of minor revisions and clarifications to an existing body of local regulations and specifications of procedures related thereto and will not have the effect of deleting or substantially changing any regulatory standards or findings required therefore. Therefore, this is an action being taken for enhanced protection of the environment and does not have the potential to cause significant effects on the environment, directly or indirectly.

Ill

Ill

Ill

A17-00132 Page 31

38

0123456789

SECTION 3: This Ordinance shall take effect upon the 31st day after its final passage and adoption.

PASSED AND ADOPTED this

ATTEST:

Antoinette M. Mann, MMC, CRM City Clerk

APPROVED AS TO FORM: Gregory G. Diaz, City Attorney

A17-00132

th day of May, 2017.

Erik Nasarenko, Mayor

Page 32

39

0123456789

ATIACHMENT B

DRAFf GRADING ORDINANCE - MARKED-UP COPY

40

0123456789

THIS PAGE INTENTIONALLY LEFT BLANK.

41

0123456789

ORDINANCE NO, 201 Z-

AN ORDINANCE OF Tl:IE CITY CQUNCIL OF THE CITY OF SAN BUENAVENTURA AMENQINING PIVISION 12, PART 2, Of THE SAN BUENAVENTURA MUNICIPAL COPE ("GRAPING REGULATIONS"), CHAPTERS 12,210 ENTIJLEP "GENERAL PROVISIONS," 12,215 ENTITLED "GRAPING PERMIJS," AND 12,220 ENTIJLEP "GRAPING REGULAJIONS"

BE II ORDAINED by the City Council of the City of San Buenaventura as follows·

SECTION 1; That Division 12 Pact 2 of the San Buenaventura Municipal Code, entitled "Grading Regulations" is hereby amended io its entirety to read as foHows:

PART2 GRAPING REGULATIONS

Chapter 12.210 :.General Provisions

Sec. 12.210.010. - Purpose.

A. Generally. The purpose of this part 2 of division 12 (hereafter, referred to as "this part" or "part 2") is to safeguard life, limb, health, property and safety or public welfare by establishing minimum requirements for regulating grading and procedures on private property by which these requirements may be enforced. This part 2 may be referred to and cited as the ''grading ordinance."

B. Scope. All grading shall be performed in accordance with the provisions of this part and with rules and regulations as established by the oity engineeFCjty Engjneer, and shall be in accordance with City of San Buenaventura Municipal Code, and the requirements of the approved general or specific plan for the area in which the grading is to be done.

Exception: The provisions of this part shall not apply to the following:

1. Work accomplished under the auspices of land owned and controlled by the United States of America or by the State of California.

2. Work in a public way, dams and drainage structures constructed by or under contract with the Gity~ or Ventura County Watershed Protection District unless the structure forms a portion of the support for a building or a structure coming within the jurisdiction of the buildingBujldjng and safety divisienSafety pjyj~iQOA provided that the provisions of this part shall apply to land owned or controlled by local agencies and special districts as defined by, and to the extent allowed by, state law.

A17-Q0132Page 1

42

0123456789

C. Hillside Management Program (HMP). All grading on property within the boundaries of the Hillside Area described in the HMP shall conform to the grading requirements of the HMP. Lots within the boundaries of the area described in the HMP with a slope less than 20: 1 may be exempted from the grading requirements of the HMP by the city engineer and community development directorCjty Engjneer amt Communjty Development Director if they determine that such exceptions will not endanger life, limb, health, property, safety or public welfare.

All grading in areas within the Gity.Qity which include a gradient greater than 5:1 shall conform to the requirements of the City Hillside Management Program (HMP) if the City Engineer determines that conformance is required in order to avoid danger to life, limb, health, property, safety, or public welfare.

D. Permissive provisions. The permissive provisions of this part do not waive, and shall not be presumed to waive, any limitations, imposed by other statutes or ordinances of the state or Gity~ .

E. Limitations. If two or more pertinent limitations are not identical, those limitations shall prevail which provide the greater safety to life, limb, health, property and public welfare.

F. Appeals. In order to insure a reasonable application of the provision of the part and an opportunity for aggrieved persons to be heard, any person dissatisfied with the city ongineerCjty Engineer's application of this part, may appeal in writing as provided for in this part.

G. Measurements. Measurements referred to in this part are shown as ootR-English units (foot/pound/second) and metric units (metric units are in parenthesis following the English units). Measurements used in a grading project shall ~ be iLJ..English units and may include metric units in parenthesis.

H. Designated representatives. Whenever in this part the term city manager, community develeJ}ment dtrecter, city engineer, l3~ildifig effietal, or parks managerQi1Y Maoagec. Communjty Pe~..eJopmeot Qjrectoc, Gity l;ogin,e.er, Building,, OffjcjaL or Parks Manager are used, the terms shall mean and include the designated representatives of the respective Gity.Qity officials referred to in this part.

I. Rules and regulations. The city engineerCjty Engjneer may enact administrative rules and regulations not in conflict herewith to accomplish the purpose and intent of this part.

J. Delegation of authority. All findings, approvals, determinations, rule-making, or other exercises of discretionary judgment or any other exercise of delegated authority pursuant to this part 2 by the public works director, community development directorPubHc Works Qirector Community Development Director, or the city engineerCjty Engjneer, or their successors or designees, or any other advisory agency or Gity~ official, shall be carried out in a manner consistent with the purposes of this grading ordinance, the Subdivision Map Act, the Gity~ 's general plan, the orderly development of the sity~ . sound civil engineering practices, and the protection and advancement of the public welfare.

A17-00132Page 2

43

0123456789

(Ord . No. 2007 011, § 1, 4 16 07)

Sec. 12.210.020. - Definitions.

For the purpose of this part 2, the following terms shall be defined as follows:

Agricultural Grading shall mean grading to enhance oe coqductJarmina, iocluctiqg animal husbandry and the production and management ot crops (iocludjng aguatjc crops) for food, fiber fuel . aag_ornament. Agricultural gradjng does not include gradjng for buildings, barns, egues1cian facilities, permanent structures with a foundation and parking lots,

As-graded Caka As-built) Plan shall mean a record drawjng of the comcle~.:tl.Qck. as to line and grade,

Bedrock shall mean the solid undisturbed rock in place either at the ground surface or beneath surficial deposits of gravel, sand or soil or as determjned by the Geotechnjcal Engineer or Engjneerjng Geologist,

Benchsball meana,,relatLyely le>tel step excavated into earth material on which till is to be placed.

Best Management Practice (BMP) shall mean a stormwater poHutjon mjtjgatjon measure that is regujred to be employed io order to comply wjth the regujrements of the Ventura Countywjde s1ormwater OuaHty Management Program National PoHutjon Qischarge Eliroiaauon System (NPDES) Permit,

Building official shall mean that person charged with the responsibility of enforcing the California Building Code (CBC) and state statutes and ordinances pertaining to their office.

City ongineorEngineer shall mean that person charged with the responsibility of coordinating all phases of engineering for the sity~ government.

Citv staa.d.arcL cQasJ~JJ_creiaif.Lsball .mean tbat p_ublication of construction ci.c.awiogs developed by the City Engineer and revjsed from tjme to tjme,

Civil engineer shall mean a professional engineer registered in the State of California to practice in the field of civil engineering works.

Gity-5tandard construction details shall mean that puelisation of soA-struGtion­drawin@s developeEi-e-y-U:le city en@ineer and revised from time to time. Community devo!-Opfflont dk=ootorDeve/Qpment Director shall mean that person charged with the responsibility of coordinating all phases of sity~ growth planning, development, and redevelopment for the Gity~ .

Compaction shall mean the densification of a fill by mechanical means.

Continuous observation shall mean nearly full-time visual observation of equipment and materials used therein , sufficient to permit the engineer to render a professional opinion as to the contractor's conformance with the engineer's recommendations, plans or specifications.

A17-00132Page 3

44

0123456789

Design Engineer shall mean the GiYII Engjneer responsible tor the preparatjon of tbe grading plans tor the sjte grading work,

Engineering geologist shall mean a geologist licensed in the State of California 2D.d,. certjfjed aun Engjneerjng Geologist who is duly qualified and capable of applying the geological sciences to engineering practice for the purpose of developing and rendering professional opinions regarding how geologic features affect the location, design, construction, operation and maintenance of engineering works. Excavation also referred to as "cut" shall mean the mechanical or other artificial removal of earth material.

Existing grade shall mean the vertical location of the existing ground surface prior to excavating or filling.

Export shall mean the removal of excess graded material from the propert)'.., Fill shall mean deposits of soil, rock, or othertbe pJacewect . Qf earth materials

plaoed by artificial means:- to rajse grades or bac~fill exca'{aticoa Finished grade shall mean the final grade or elevation of the building site, slope or

terrace, which conforms to the approved plan.

Geotechnical engineer shall mean a civil engineer licensed in the State of California as a geotechnical engineer and duly qualified and capable of applying geological sciences, soil mechanics and slope stability analysis to engineering practice. I:,_ Geotechnical Engjneer is also known as a Soil Engineer when licensed as such,

Grade shall mean the vertical location of the ground surface.

Grading shall mean the removal of soil or deposition of fill or combination thereof, including but not limited to, overexcavation and recompaction.

Hillside area shall mean all of that area defined as Hillside area by the Gity~ general plan as it may be amended from time to time.

Hillside Management Program (HMP) shall mean that document of policies, development criteria and submittal requirements established by Resolution No. 89-104 on August 28, 4989,..1.9.as. by city council , andtb~ '4i1Y Council. as it may be amended from time to time .. to implement the general plan as it relates to Hillside areas.

Import shall mean earth material from outsjde the property boundaries for use in grading on a site.

Kev shall mean a nearly level excavation cut iota firm earth materials at the toe of a ~lope upon which compacted fill may be placed to begin building a fill slope or buttress WI. Also kpo~o as a "keyway.::

Landscape architect shall mean a landscape architect duly registered as such by the State of California.

Landslide shall mean the falling, slipping or flowing of a mass of land from a higher to a lower level.

Active landslide shall mean a landslide that has been active at any time since January 1, 1952.

A17-001~ZPage 4

45

0123456789

Historical landslide shall mean a landslide that was active in historical time prior to 1952 as determined from photographs, maps and written records.

Prehistoric landslide shall mean conditions where there is no record of historical landslide but where geological evidence or topographic expression indicates modification of the terrain by land movement.

Possible prehistoric landslide shall mean areas where there is no record of a historic landslide but where topographic expression or geological evidence suggests the possibility of past land movement.

Ovora*eav-alioROver excavation shall mean excavation below and/or beyond the limits of plan grades and recompactionre-compactjop of soil to improve low density soils per the soil engineer report.

Parks managerManager shall mean that person charged with the responsibility of coordinating all phases of parks maintenance for the ~ ,C,w{,.

Periodic observation shall mean intermittent visual observation throughout the course of the project.

Rainy season shall mean that perjod of tjme when rainfall is likely to occur and is defined as being wjthjn the months and dates as shown in the current Ventura countywjde stormwater Quality Management Program National Pollutant Discharge Elimination system (N PDES) Permit.

Record drawing shall mean the approved updated plan showing the as-graded surface condition upon completion of grading.

Retaining wall shall mean a wall type structure that is byHt to retain a ¥.erticaLoL near vertical face mass of earth The earth behind the wall may be a natural embankment or back till material placed adjacent to the retaining wall

Rough grade shall mean the approximate elevation of the ground surface conforming to the approved plan .

Site shall mean any lot or parcel of land or contiguous combination thereof, under the same ownership where grading is performed or permitted.

Slope shall mean an inclined ground surface, the inclination of which is expressed as a ratio (for example 2: 1) of the horizontal distance to a vertical distance. Each number refers to a measurement that utilizes the same unit of measurement.

Soil shall mean all earth material, of whatever origin, overlying bedrock except for roots or other organic materials.

Soils engineer shall mean a civil engineer licensed by the State of California who is experienced in the application of the principles of soil mechanics in the investigation, evaluation, and design of civil works involving the use of earth materials.

Supervisory control shall mean the continuous monitoring of the contractor's work by the Permjttee, wjth geotechnjcal observatjon and testing by a resident 69ffQ@QtecboicaJ engjneer, s2ils engineer, civil engineer, or eogjneerioCLgeologist, based upon the engineer's recommendations, plans, or specifications, and the reporting of

A17-00132Page 5

46

0123456789

his~ opinions of the contractor's fulfillment of these recommendations or adherence to plans and specifications to the Gity~ .

(Ord. No. 2007 01 1, § 1, 4 16 07)

Sudace Drainage shall mean flows over the ground surface,

Temporary stockpile shall mean the creation of a mound of earth with,,,,sjde slopes of 3 units horizontal to 1 unit vertical (33% slope) or flatter, and not to exceed eight feet io height, for a perjod of tjme not exceeding 1 eo calendar days before bejng moved off ~

Sec. 12.210.030 - Appeal processerocess.

Appeals from permit conditions, or to allow alternate grading methods, or for other forms of relief from determinations or decisions by the city engineerCjty Engjneer, may be made to the public ,.,,arks direotorPublic Works pjrector. The appeal shall be filed within ten calendar days after the final action, determination, or decision by the sity­enginoorCjty Engineer. The appeal shall be on forms as provided by the public works direotorPublic Works pjrector and shall specifically set forth the grounds for appeal and reason or basis for disagreement with the decision of the Gity~ engineer. The public works ditootorPubljc Works pjrector shall have the authority to hear such appeals and grant exceptions to particular requirements of this ~ 2, or approve alternative grading methods or permit conditions, where the public works directorPybljc Works pjre'1g,c finds such exceptions or alternates provide equivalent levels of protection of the public health and safety, provided that, the public works dirootorEubljc Works Djredor may not waive the basic requirement of obtaining a grading permit. Specifically, the puslio 'Norks direotorE,ubJjcjtVorks pjrnctor shall determine one of the following:

1. The city engineerCjt~ Epgjneer's decision was a reasonable interpretation of this ~ 2 and that determination shall stand; or

2. Based on findings supported by substantial evidence:

a) An exception to a particular permit condition or requirement of this ~ 2 can be carried out with adequate protection of the public health and safety and is, therefore, warranted; or

b) There are alternate grading methods that will provide equivalent levels of protection of the public health and safety. Such alternates shall be specifically delineated in upholding the appeal.

The decision of the public works directorPubl!c Works Director shall be final and there shall be no further appeal to the city councilCjty Council or any Gity~ advisory body.

The filing fee for any such appeal shall be in the amount as provided for appeals of building or construction permits to the boardBoard of appealsAppeals until such time as the oity counoilCjty__QguncH amends the Gity~ 's users fee schedule to provide a

A17-00132Page 6

47

0123456789

separate fee for appeals of decisions relating to grading permits. The fee shall be paid at the time of, and as a prerequisite for, filing the appeal.

(Ord. No. 2007 011 , § 1, 4 16 07)

Chapter 12.215 :..Grading Permits

Sec. 12.215.010. - Required.

A. Generally . No person shall commence or perform any grading, and no person shall import or export any earth materials to or from any grading site, without first having obtained a permit therefor from the city engineerCity Engineer. A separate permit will be required for each site. Retaining walls require a separate permit from building and safety.

B. Exceptions:

1. An excavation less than two feet (0.61 meters) in depth';" and does not exceed 50 cubic yards

2. An excavation that does not create a cut slope steeper than 2:1 and thaU. is not more than five feet (1 .52 moteFSj in height..,and.,d.oes not exceed 50 cubjc ~ ·

3. A fill less than one foot (0.30 meters) in depth and placed on natural terrain with a slope flatter than 5: 1, aAG-does not obstruct a drainage course and does not exceed one acre io size or 1 ooo cubic yards.

4. A fill less than three feet (0.91 motors) in depth, not intended to support structures, does not exceed 50 cubic yards (38.23 cubic motors) on any one lot, aR4-does not obstruct a drainage course-;_ae,g s;r@ates a fill slope QA steeper. than 2:t ,

5. Excavations below finished grade for basements and footings of buildingslll.e.. construction of basement walls and foundations iocludjng grade beams. cais~sons, piles and other foundation systems authorized by valid building permits. This shall not exempt any fill made with material from such excavation nor exempt any excavation having an unsupported slope steeper than 2: 1 ao.d.. ,a,_height greater than five feet (1 .52 motors) after the completion of SHGR­structure.basement waUs.

6. Excavations below finished grade for retaining walls less than six feet (1 .82 meters) in height with no surcharge in areas not within the boundaries of the HMP.

7. Excavations below finished grade for retaining walls less than three feet (0.91 meters) in height with no surcharge in areas within the boundaries of the HMP.

8. Utility trenches, wells, exploratory excavation under the direction of a soils engineer or geologist, and similar work. if the city engineerCjty Engjneer determines that such exemption would not endanger life, limb, health, property, safety or public welfare.

A17-00132Page 7

48

0123456789

9. Excavation for prjyate cemetery grave.

10. Projects constructed by the Gity~ . However, all requirements of this grading ordinance shall still apply to Gity~ projects, but a permit need not be issued.

11 . The provisions of this part shall not apply to any grading operation which is conducted during a period of emergency or disaster as determined by the sity­council, city attorney or building officialCiw Council City Attorne~ or Buildiog4 Offjcjal or which is directly connected with or related to relief of conditions caused by such emergency or disaster.

(Ord. No. 2007 011 , § 1, 4 16 07)

1,, Exploratory excavatjon for the preparation of a soils/geotechnjcal report ~CJpletEJd under the djrectjon of a g~l_e"b.oLcaJ..e.rlgj~LQLg~cJQgi~ iUbe Git~-­Ecglneer determines that such exemptioa would not eodaogec life, llrob, beaUb. property, safety oe public welfare This shall not exempt grading of access roads or pads cceated for exploratory excavations Exploratory excayatjons must be restored to pre-dis.turbed_e,ondjtjon as soon as prac!ical.

13. Exceptions to the regujrements for a grading permit io the Hillside Area will be revjewed and approved by both the City Engineer and Community Development Picectoe, AppHcanUOwner to be provided written approval of this exc,e.p.tlon detemJioatlac. Prior to begjnnjng any work aUowedJ~~ this excep!Lon. Applicant/Owner shall notify City's Land Development Qivjsjon 48 hours io advance of start of work made pursuant to this exception start of work shall include the mobjljzatjon of an~ eQYiproent

14, Exceptions from the permit regujrements shall not be deemed to grant authorjzatjon for any work to be done in any manner in violation of the provjsjons this Part or any other laws or ordinances of this jurjsdjctjon,

Sec. 12.215.020. - Requirements.

A. Plans and specifications. With each application for a grading permit and when required by the city engineerCUy Engjqeer for enforcement of any provisions of tAe­~ . plans and specifications will be submitted in accordance with ~ current Gity~ submittal checklist for grading plans. Except as waived by the sity­engineerCjty Engjneer for small or minor work, the plans and specjfjcatjons shall be prepared and signed by a registered civil engineer. Plans and spesifications shall be prepared in acsoraance with the provisions of this part and shall meet the requirements of the current city grading plan chesklist.

B. Modification of approved plans. All modifications of approved grading plans must be approved in writing by the city engineerCity Engjneer. All required soils and geological reports shall be submitted with the revised plans. No grading work in

A17-00132Page 8

49

0123456789

connection with the proposed modifications will be permitted without the prior written approval of the si-ty~ engineer.

C. Engineering geological reports. Prior to issuance of a grading permit, the Gity­engineerCjty Engjneer may require an engineering geological investigation, based upon the most recent grading plan. The engineering geological report shall be prepared and signed by an engineering geologist and shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geological conditions on the proposed development and an opjnjon on tb,e adequacy for the intended use on the proposed sjte.

All reports shall be subject to approval by the city engineer. Supplemental~ Engjqeer, If deemed necessai:y, supplemental reports and data may be required by the city engineer if deemed necessaryC,ii.V EpgllJ.e.e£. Recommendations included in the report and approved by the city engineerCjty Engjneer shall be incorporated into the grading plan. Reports8a engineerjng geologjcal report shall be required for all developments in hillside areas efa.w:i other developments as designateddetermjned by the city engineerCib! Engineer.

D. Soils engineering reports. A geotechnjcalfsoils engineering investigation is required, based upon the proposed grading plan. Such reports shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures, design criteria for corrective measures, or such other criteria as required by the city engineerCjty Engjneer, The geotechnical or soil Engineer shall also provide an opinion on the adequacy of the §Ail for the intended use of the sjte. All such reports shall be prepared and signed by a~ soils engineer or geotechnical engineer.

Recommendations included in the report and approved by the Gity~ engineer shall be incorporated into the grading plan or specifications.

IbLCity ongineer~ogjneer may waive the requirement for soils engineering investigation if the city engineerQjty l;ngjnee,e determines that such waiver will not endanger life, limb, health, property, safety, or public welfare.

E. Changed conditions. If the soil or other conditions are not as stated in the application for a grading permit, the city engineerCjty Engjneer may suspend the grading permit (until} a revised grading plan is approved by the city engineer~ Engineer.

F. Waivers. The city engineerCjty Engjneer may waive the requirement for a contour map or subsurface exploration as required by this subsection if it is found that the information on the application is sufficient to show that the work will conform to the provisions of this paft.E.ar1 and other relevant laws.

G. Preliminary grading plans. The city engineer or community de¥elopment directorCjty Engjneer or Community Development Djrector may require a preliminary grading plan to be prepared as directed by the city engineer or community development diroctorCjty Engine§c gr Community Development Picector.

A17-0Q132Page 9

50

0123456789

(Ord. No. 2007 011 , § 1, 4 16 07)

H, S.ite Qrainage Piao. The Cjty Engjneec way require a Site Drainage Plan in order to ensure compliance with the Ventura county Municipal separate storm System (MS4) Permit and the Ventura county Jechnjcal Guidance Manual (JGM), Jhjs may occur when the project js mjnor, however the project must comply with the MS4 Permit when not requiring a grading permit. Owner shall prepare a sjmpljfjed sjte grading and drainage plan showing syfficjent detail to demonstrate drajnage patterns celatjng_to the sjte improvements. Owner shall show au construction and post-constcuc!ion best management oractjces <BMPs) required to meet the MS4 Permit, Jhe ctrajnage plan shall consider the drajnage pattern across the property tram all sjdes and the effects ot oeighborjng prapertjes, A proposed site, imp,;.oyement shall p,:eyent exjstjng cr,os$_1ot draioa~om occvcciog, oLCause,.new crQ_ss lot drainage unless othei;wi~e. appro\Led b~ ... tbe C-i1~ l;ogio.eer,.

Sec. 12.215.030. - Permit limitationsLlmltatjg_ns and conditionsCondjtjgns.

A. General. The issuance of a grading permit shall constitute an authorization to do only that work which is described on or illustrated on the application for the permit or on the site plans and specifications approved by the city engineerCjty Engineer.

B. Responsibility of permittee. The permittee and the permittee's agents shall carry out the proposed grading in accordance with approved plans and specifications, the conditions of the permit and with the requirements of this part and all other applicable laws. The permittee and the permittee's agents shall maintain all required protective devices and temporary drainage, maintain dust control and methods of hauling, and observe approved hours of work during the progress of the grading work. The permittee or the permittee's agents shall be responsible for maintenance of the site until such time as a notice of completion/final acceptance has been issued by the oity onginoeFCity Engineer. The permittee, permittee's agents, and each or all of them shall become subject to the penalties set forth herein in the event of failure to comply with this part and other applicable laws-ef.. the City of San Buenaventura. No approval shall exonerate the permittee or the permittee's agents from the responsibility of complying with the provisions and intent of this ~ -

C. Jurisdiction of other agencies. Permits under the requirements of this part shall not relieve the owner of responsibility for securing required permits for work to be accomplished which is regulated by any other code, department or division of the Gity~ or any other governing agency.

D. Tract/parcel map requirements. If a final tract/parcel map is required under the San Buenaventura Municipal Code or Subdivision Map Act, no grading permit shall be issued for import or export of earth materials to or from, and no grading shall be conducted on, any grading site mjncluding the Hillside area unless a final tract/parcel map has been approved by the city councilCjty CouncjL The Gity­engineerCjty Enqjneer may waive the requirement that the final tract/parcel map be approved prior to issuance of a grading permit if the city ongineerall gradjpg and

A17-00132 Page 10

51

0123456789

jmprQ~ment plans, cost estjmates, bonds, and agreements are completeJ3nd otherwjse ready toe Cjty Council action and the Cjty Engineer determines that such waiver will not endanger life, limb, health, property, safety, or public welfare.

In cases where a waiver is granted in the Hillside area, a grading permit will not be issued until all required plans are approved by the city engineer and community de>Jelopment directorCjty Engjneer and Communjty Qeye!opment Qirecto,r, following the payment of necessary fees and submittal of any or all required bonding.

E. Conditions of permit. The city engineer and community de>Jelopment director~ Engjneer and Communjty Qeyelopwc.oi O.iteClQ.C may impose such regulations with respect to access routes to and from grading sites in the Hillside area as they shall determine are required in the interest of public health , safety, and welfare and safety precautions involving pedestrian or vehicular traffic.

F. Haul. No permit shall be issued for the export or import of earth materials to or from a grading site in areas involving ingress or egress on streets having less than 17 feet (5.18 meters) in useable width, except upon the following conditions:

(1) The size or type of hauling equipment shall be limited in accordance with the width and conditions of the street.

(2) Traffic control devices, including flagmen, signs and markers shall be utilized at appropriate places along--tRe designated routes of access to and from such sites.

(3) Temporary no parking restrictions may be imposed with the approval of the Gity­engineerCjty Engjneer along such routes when determined necessary.

(4) Such other conditions as may be determined necessary for the public health, safety and welfare shall be imposed.

(5) In no event shall any export or import of earth materials to or from a grading site in hillside areas be undertaken or conducted except by use of equipment which complies in all respects with the state \<ehicle code~ehjcle Cade.

(6) All loads shall be properly trimmed and watered, or otherwise secured so as to prevent spillage from the equipment.

(7) In all cases where the city engineerCjty Engineer designates the "haul" routes, such designation of routes shall take into consideration the most practical means of transporting the earth materials to or from the grading site consistent with the safety and welfare of residents along the routes.

G. Conformance with general plan, policies and the zoning regulations required. No permit shall be issued for any grading or export or import of earth materials for any grading site except in compliance with the zoning, private street and division of land regulations contained in the San Buenaventura Municipal Code, the Subdivision Map Act of the State of California, the general plan, the HMP, the local coastal program, the specific plan for the area in which the grading is to be accomplished and local, state, and federal environmental laws and guidelines.

A17-00132Page 11

52

0123456789

H. Time limitations. The permittee shall fully perform and complete all of the work proposed pursuant to the grading permit within the time limit specified in the permit.

If the permittee is unable to complete the work within the specified time, the permittee may, prior to the expiration of the permit, submit a written request for an extension of time in which to complete the work. If, in the opinion of the E*ty­engineerCity Fngjneer, sufficient justification is shown, the time specified on the permit may be extended for a period of not more than 180 days, but no such extension shall release any surety upon the bond.

I. Entry upon premises. The sity ongineorCjty Engjneer, the surety company or the duly authorized representative of either, shall at au tjmes have access to the premises described in the permit for the purpose of inspecting the progress of the work.

In the event of default in the performance of any term or condition of the permit, the surety or any person employed or engaged on behalf of the surety shall have the right to go upon the premises to complete the required work.

It shall be unlawful for the owner or any other person to interfere with the ingress or egress, from such premises of any authorized representative or agent of any surety company or the Git,'~ engaged in the work ordered by the sity engineer~ Engineer.

J . Protection of Aqjacent Pcooertv, The permjttee and owner of the,,,property on whjch grading has beep pectormed,.shall be_rasponsible tor the prevention of damage to adjacent property, including public aad ,uiv.ate str_e,ets, and no person shaJL excavate on land suffjcjently close to the property Hne to endanger any adjoining public or orjvate street sjdewalk, alley, or other public or private orooert.v without taking adequate measures Jo support aod_12c,01ect such . property from settling, cracking or other damage that mjght result, Any person petiormjng any grading that involves imported or exported roate.rials shall take specjal precautjons as approved by the City f ngjneer, to prevent materiaJs trow beiJlg deposited on the adjacent public way and/or drajnage courses,

'J:S.._Consent of adjacent property owner. Whenever any excavation or fill requires entry onto adjacent property for any reason, the permit applicant shall obtain the written consent of the adjacent property owner or their authorized representative, and shall file a copy of said consent with the sity engineerCjty Engjneer before a permit for such grading work will be issued.

KJ,.. Restrictions during rainy season.

(1) That period between the first day of November and the following 15th day of April is hereby determined to be the period in which heavy rainfall normally occurs in the City of San Buenaventura. During this period.., no grading work in excess of 250 cubic yards (191 .15 cubic meters) will be authorized to start on any single grading site under permit where the city engineerCjty Engineer determines that such work will endanger the public health or safety.

A17-00132Page 12

53

0123456789

(2) Previously authorized grading work which extends into the rainy season shall be protected by incorporating temporary erosion control devices.

(3) Plans for erosion control devices shall be submitted to the Git;'.clbl engineer and design approval obtained not later than the first day of October of the coming rainy season. The design of desilting basins which discharge into Git;'~ streets or natural watercourses shall be under the control of the Gity~ engineer.

(4) All persons performing any grading operations during that period designated as the rainy season shall put into effect all safety precautions which are necessary in the opinion of the oity onginoorCjty Engjneer. All loose dirt shall be removed from the grading site and adequate anti-erosion or drainage devices, debris basins et=arui other safety dei.'ioesc.ontwts to protect the life, limb,pub!jc health .. sa~ and welfare efarui private and public property of others from damage of any kind shall be jnsta~d.- All temporary erosion control devices, including desilting basins, shall be installed not later than the first day of November of each year.

(5) No persons shall excavate or fill so as to cause falling rocks, soil or debris in any form to fall, slide or flow onto adjoining properties.

(6) All grading activity shall conform to the requirements of the Ventura Countywide Stormwater Quality Management Program, the National Pollutant Discharge Elimination System (NPDES) and applicable NPDES permit issued by the State of California Regional Water Quality Control Board including the State General Permit for construction activity, the San Buenaventura Municipal Code and the California Storm Water Best Management Practices. When a notice of intent is required under applicable laws or regulations, the oity engineerCUy Engineer will require that a copy of the notice of intent be submitted to the Git.y­ongineor~1>! Engjneer prior to issuance of a grading permit. Refer to SectiQ!l.. 12,22_q,oa.o. for NEPES regyjremeota...

(Ord. ~Jo. 2007 011, § 1, 4 16 07)

Sec. 12.215.040. - Conditions of appro\<alApproyaL

In granting any permit under this part, the oity engineer or city engineer's authorizeaCjty Engjneer oe Cjt~ Engineer's d~~jgnated representative may attach such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property. Such conditions may include, but shall not be limited to:

1. Improvement of any existing grading to bring it up to the standards of this part.

2. Requirements for fencing of excavations or fills which would otherwise be hazardous.

(Ord. No. 2007 011, § 1, 4 16 07)

A17-00132Page 13

54

0123456789

Sec. 12.215.050. - Liability.

Neither the issuance of a permit under the prov1s1ons of this part, nor the compliance with the provisions hereof or with any conditions imposed in the permit issued hereunder, shall relieve any person from responsibility for damage to other persons or property, nor impose any liability upon the ooy~ for damage to other persons or property.

(Ord . No. 2007 011 , § 1, 4 16 07)

Sec. 12.21G.60-r12,215,060. - Denial of permitfermjt.

A. Hazardous grading. A grading permit shall not be issued in any case where the Gity­engineerC,ity Engjneer finds that the work proposed by the applicant is classed as hazardous grading and is liable to. among other thjngs. endanger any private property or result in the deposition of debris on any public way or interfere with any existing drainage course.

B. Geological or flood hazard. If, in the opinion of the e+ty-eA§iAeeFCjty Engjneer, the land area for which grading is proposed is subject to geological-eF. flood or other hazard to the extent that no reasonable amount of preventafo,e ru corrective work can eliminate or sufficiently reduce the hazard to human life~ or property, the grading permit and building permits for habitable structures shall be denied.

(Ord. No. 2007 011 , § 1, 4 16 07)

Chapter 12.220 :.Grading Regulations

Sec. 12.220.010. - Plan checkingCbic.kin.g, and permit feesf.errolt Fees.

A. Plan-check fees . For excavation and fill on the same site, the fees shall be based on the volume of the excavation or fill , whichever is greater. Prior to acceptance of plans and specifications for checking, the city engineerCjty Engjneer shall collect a plan-check fee. Separate permits and fees shall apply to retaining walls or other structures as indicated in the most recent unif.orm building codeCaljfornja BuHdjng, .Q.Q.d.e. as adopted by the sU,<.c.ilil. There shall be no separate charge for standard terrace drains and similar facilities. The fee for a grading permit authorizing additional work to that under a current valid permit shall be the difference between the fee paid for the original permit and the fee calculated for the revised total project. No fee refund will be made.

The amount of the plan-checking fee for the grading plans shall be as set by councilCjty Gouncjl resolution from time to time.

B. Permit fees. A fee for each grading permit shall be paid prior to the issuance of said permit. Double fees will be assessed where grading has been accomplished without

A17-0Q132Page 14

55

0123456789

an authorized permit. Fees shall be as set by councilCjty Councjl resolution from time to time.

(Ord. No. 2007 011 , § 1, 4 16 07)

Sec. 12.220.020. - Grading bonElsB,onds.

A. Requirements. A permit will not be issued for excavation or fill of more than 500 cubic yards (382.30 cubic meters) in hillside areas, more than 1,000 cubic yards­(764 .60 cubic meters) in other areas, or for work which requires retaining walls, until the permittee shall post with the oity engineorCjty Engjneer a bond for the benefit of the Gity.Qil,)£. The bond shall be executed by the owner and a corporate surety authorized to do business in this state as a surety in an amount sufficient to cover the cost of the project, including corrective work necessary to remove and eliminate geological hazards. All bonds shall be executed on forms obtainable from the sity­engineerQity Engjceer.

Exception: The city engineerCjty Engjneer may waive the requirement that a bond be posted before a permit is issued as provided in this section if the ~ engineerCjty Engjneer determines that no potential hazard would exist if the grading is not completed.

B. Cash or deposit agreement in lieu of bond. In lieu of a surety bond. the applicant may file a deposit agreement or deposit cash or other security as may be approved by the Gity~ , with the city engineerCJty Engjneer upon the terms and cond itions and in an amount equal to that, which would be required in the surety bond. The deposit submitted with the cash bond may be in the form of cash or negotiable United States securities. The deposit agreement shall be on forms approved by the city engineerCit}'.'. Eng_jneer.

C. Application of bond to adjacent property. Where grading is required on property adjacent to the grading site under permit to complete a project satisfactorily, written consent must be obtained from the adjacent owner and a copy of the written consent submitted to the city ongineorCR,v Engjnee.c prior to commencement of grading on the adjacent property. The owner of such adjacent property need not provide an additional grading bond, if the original is of sufficient amount to include such additional grading.

D. Conditions of the bond, deposit agreement, or cash deposit. Every bond, deposit agreement or cash deposit shall be conditioned ~ that the permittee shall:

(1) Comply with all of the provisions of this part and all other applicable laws and ordinances.

(2) Comply with all of the terms and conditions of the permit for excavation and fill to the satisfaction of the city engineerCjty Engjneer.

E. Period and termination of bond, deposit agreement, or cash deposit. The term of each security shall begin upon the date of filing with and shall remain in effect until the completion of the work to the satisfaction of the oity ongineerCjty Engjneer, plus

A17-00132Page 15

56

0123456789

an additional period of one year. Such completion shall be evidenced by issuance of a fillal.g rading certificate signed by the city engineerCjty Engjneer. In the event of failure to complete the work afld.QL failure to comply with all of the conditions and terms of the permit, the city engineeFCjty Engjneer may order the work to be completed as required by the permit and to the satisfaction of his office. The surety executing such bond or such deposit, shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the eity~ in causing any and all of such required work to be accomplished. and that said surety or the depositor assents to any lawful extensions of time within which to construct and complete such work. In the case of a cash deposit or deposit agreement, any unused portion shall be refunded to the permittee.

After the work has been completed to the satisfaction of the city engineer~ Engjneer, the city engineerCjty1 Engjneer may release or exonerate the bond, deposit agreement, or cash deposit earlier than the additional one-year period if the city enginom,C.w{J;ngjnefM determines that the public health, safety and welfare is not jeopardized. In no case shall the security be released earlier than four months after the grading work .b.as_been completed to the satisfaction of the Gity­eng ineerCJW---Ea,gineec.

F. Amount of security. The amount of the security shall be based upon the estimated cost plus 25 percent, as determined by the number of cubic yards of material in either excavation or fill, whichever is the greater amount, and shall include the cost of all retaining walls, drainage structures, erosion control , and other protective devices as may lawfully be required.

(OFd . No. 2007 011 , § 1, 4 16 07)

Sec. 12.220.030. - Hazardous &eH.sm! and eartf:I eeRElitieRsEaJ1b Conditions.

Whenever the city engineerCjty Engjneer determines by inspection that any land or any existing excavation or fill has from any cause become a menace to life or limb, endangers public or private property or affects the safety, usability or stability of a public way, the owner or other entity in legal control of the property concerned shall, upon receipt of written notice thereof from the city engineeFCjty Engjneer, correct such condition in accordance with the provisions of this part and the requirements and conditions set forth in such notice to eliminate the undesirable condition.

The owner, or other person in control of such property shall immediately commence the work required by such notice and shall complete 1b.e._same within a maximum time of 120 days from the date of such notice unless a shorter period of time for completion has been specified in the notice, in which case the owner or other person shall comply within such time as specified.

(Ord. No. 2007 011 , § 1, 4 16 07)

Sec. 12.220.040. - General requiremoRts. Requjrements,

A17-00132Page 16

57

0123456789

A.. Permit ts~uance Ui:21w satjsfact91y oreparatjon, completjon, and approval of the gradjng plan, including the preparation of other assocjated grading documents (Le,, storm Water Pallution Prevention P[an (SWPPP){ storm Water Pollution Coatrat e1aa (SWPGP) Operations and Maioteoaoce e1ao, Pes;lacat;oo of covenant}, posting of acceptable security, and payment of Grading Permit and stormwater Inspection Fees, a grading permit may be issued

a Pdoc to start of construction,

1.. Preconstruction Meetjpg_. Applicant shall hold a ore-construction meeting at tbe .. o[oiect site to revjew project and plans, Attendees shall include applicant, appHcant's engjneers (Civil, sous, Geotechnjcal), grading contractor, and Cjty iospectjon staff,

2 Notification For hillside grading applicant shall provide written noji~e to nearby properties and those propertjes along access/haul routes of pending grading in accordance wjth the notjcjng regujrements of the City's zoning ordjnance (Sectjon 24 sso 040) Jhe content of the notice shall he approved, by City Engineer,

3, Egujpment Haul Route, Grading applicant/contractor shall obtain an approved haul route permit toe moving any earthmoving egujpment on or off the property, A haul route permit shall be obtained from the City's Traffic Division. The Jransportatjon Manager may wajye this regujrement

A.C,. Supervision. The permittee shall provide sufficient supervisory control during the grading operation to insure compliance with approved plans and with the San Buenaventura OrdinanoeMunjcjpal Code. When required by the oity engineer.c.ili£_ Engjneer, the permittee shall obtain the services of a geotechnical engineer or soils engineer to monitor the work. The geotechnical engineer and soils engineer shall be properly qualified in accordance with section 12.210.020 of this part and qualified to perform such services within the sUy~ .

80,. Safety precautions during grading. If, at any stage of work on an excavation or fill, the city engineerCjty Engjneer determines by inspection that further work as authorized by an existing permit is likely to endanger any person or property-ef-­public way, the city engineerCjty Engjneer may require that plans for such work be amended to include adequate safety precautions as a condition to allow the work to continue. Safety precautions may include, but shall not be limited to, specifying a flatter exposed slope or construction of additional drainage facilities, berms, terracing, compaction , cribbing, retaining walls or buttress fills, slough walls, desilting basins, check dams, benching, wire mesh and guniting, rock fences, revetments or diversion walls.

Gf . Violations.

1. It shall be unlawful for any person to fail , refuse or neglect to comply with the following provisions:

A17-00132Page 17

58

0123456789

(a) All orders issued by the city engineerCjty Engjneer or the building officialBuHdjng Offjcjal pursuant to the provisions of this part.

(b) All conditions imposed on grading permits pursuant to the provisions of this part.

(c) All rules and regulations of the city engineer~ with respect to grading which were in effect at the time the grading permit was issued.

2. Any person, firm or corporation violating any of the provisions of this part shall be deemed guilty of a misdemeanor. and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this part is committed, continued, or permitted, and upon conviction of any such violation said person shall be punishable by a fine of not more than $1,000.00, or by imprisonment for not more than six months, or by both such fine and imprisonment.

3. Stop work orders. Whenever any construction or work is being done contrary to the provisions of any law or ordinance.. or public or private property is endangered, the city engineerCjty Engjneer may issue a written notice to the responsible party to stop work on that portion of the work on which the violation has occurred or upon which the danger exists. The notice shall state the nature of the violation or of the danger and no work i&-ftel.s.b.all be done on that portion until the violation has been rectified and approval obtained from the G+ty­engineerCjty Engjneer or until, as a condition for continuance of the work, special precautions to eliminate the hazards have been approved and imposed by the city engineerCjty Engjneer and performed by the permittee.

Qf . Grading inspection.

1. All construction or work for which a permit is required shall be subject to inspections by authorized employees of the Gity~ , and certain types of work, as determined by the oity onginoerCjty Engjpeer, shall have either continuous or periodic observation by a civil engineer, soils engineer, or engineering geologist employed by the applicant or property owner as a condition of issuance of the grading permit. Prior to issuing a fio.algrading certificate, an inspection shall be made of all construction or work for which a permit has been issued.

2. Exposure of work. Whenever any work oofQ.c which inspections are required.-as­specified inspection, is covered or concealed by additional work without having first been inspected, the city engineerCjty Engineer may require that such work be exposed for examination. The work of exposing and recovering shall not entail expense to the City of San Buenaventura.

3. Notice. The permjttee is regujred to notjfy the Cjty Engineer 48 hours prjor to the start of any work op sjte, The permittee or the permittee's agent shall notify the city engineerc.ily Engjneer 24 hours in advance etg.uciog the tfmeconstructjon phase when the grading operation is ready for each of the following inspections listed io subsectjons (b) to (h) herejn:

A17-00132Page 18

59

0123456789

(a) ~ &a-grade inspection : When the permittee is ready to begin work, but before any grading or brushing is started .

(b) Toe inspection: After the natural ground is exposed and prepared to receive fill, but prior to the placement of any fill.

(c) Excavation inspection: After the excavation is started, but before the vertical depth of the excavation exceeds ten feet (3.05 meters).

(d) Fill inspection: After the fill emplacement is started, but before the vertical height of the lifts exceeds ten feet (3.05 meters).

(e) Drainage device inspection: After forms and pipe are in place, but before any concrete is placed.

(f) Rough grading: When all rough grading Ra&apd approxjmate ele~at,io_ns have been established, iocludjng drainage swaies, terraces, berms. and other drainage devjces_necessary tor thf; protectioo of the building sjte(s) ~ been completed. This may be called for at the completion of the rough grading without the necessity of the oity engineorCjty Engineer having previously reviewed and approved the roporteRough Gradjng SojJ ReQoct£sl.

(g) Final: When all work, including installation of all drainage structures, other protective devices, and planting and slope stabilization has been completed and the "as graded" plan and required reports have been submitted.

(h) Other inspection: In addition to the called inspections above, the oity­engineerCity Engineer may make other inspections of any work to ascertain compliance with the provisions of this part and other laws.

4. Special inspections and monjtorjng. Where necessary. the city engineer.Qlt¥.. Ecgjneer may require the permittee or property owner to employ:

(a) A civil engineer to monitor all grading.

(b) A geotecbnjca1tsoils engineer to provide either periodic or continuous soils inspection.

(c) An engineering geologist to provide geological inspections.

The employment of the above shall not be deemed to render unnecessary any inspections described in this part except that on any work requiring continuous monitoring by a civil engineer. geotechnjcal engjneer or sojls engjneer. the inspections required by this section may be delegated to the-Gi¥H engineer by the city engineerCjty Engjneer. If tho civil~ engineer fulfilling engineering responsibility under this section finds that work is not being done in conformance with this part or the plans and specifications approved by the Gity­ongineerCjty Engjneer, the-Gi¥H engineer shall immediately notify the person in charge of the grading work and the city engineerC~ngiueer in writing of the nonconformity and the corrective measures to be taken.

A17-00132Page 19

60

0123456789

The ewil-engineer monitoring grading work shall immediately notify the sity­engineerCjt,'. Engjneer in writing upon the termination of his or her engineering services.

All work shall immediately stop upon the termination of the services of the Giva­engineer whose name appears on the grading permit as having been approved to monitor the grading work, and it shall not commence again until the new approved civil/geotechnical{soils engineer certifies in writing to the sity­engineerCity Engineer that he/she has reviewed all phases of the project and is thoroughly familiar with it. Upon receipt of this notice. the city engineer.G.m£_ Engineer will give written notice that work may proceed.

5. Final repoFtsReports/Certjfjcatjons. Upon completion of the work, the sity­enginoer mayCity Engineer shall require the permittee or property owner to have prepared the following reports and information:

(a) Rough Grading Certificate

!1) Report from a registered civil engineer certifying that all grading, lot drainage and drainage facilities have been completed in conformance with the appro.ved-f31ans and-t-i=»s---f>aftthe satjsfactory completjon of rougti.. grading including grading to approximate p!ao elevatjans, property lloe locateci,aod staked. cutLfill slopes correctly graded, berms iostaned, and that tbe recommendations of any engjneerjng geologist or geotechnjcal oL soils engjneer reports have been touowed •.

fe-) An as graded plan of the completed 'Nork.

(ci ) A geotechnical/soils engineering report. including a statement that the portion of the work concerning the preparation of the existing ground surface and the placing and compaction of fill is in conformance with the approved plans and the appropriate provisions of this section entitled ''filu;~ .··

The report shall also include the reoommendedfioal soil-bearing capacity, a finding as to the expansive characteristics of the soil and the presence of buttress fills on a lot by lot basis, the location of subdrainssyb.drains, and a summary of tests. The location of such tests and the limits of the compacted fill shall be shown on a final plan, which shall also show by plan and cross section the location of any rock disposal areas and/or buttress fills, if such were involved in the grading.

(dJ)An engineering geological report by an engineering geologist based on the as-graded plan including specific approval of the grading as affected by geological factors. Where necessary, a revised geological map and cross sections including faults and other geologic structures, and any recommendations necessary shall be included.

(b) final Grading Certificate,

A17-00132Page 20

61

0123456789

(1) Report from a registered civil engineer certifying tbat aH grading, lot drainage and drajnage facilities have been comw_eted in conformance....willl. the_ap,pLO!£ed wans and tbjs part

(2) Au exjstjng survey monumentatjon shown on the exjstjng topographic survey to be preserved and/or replaced per City standard Details Oe¥-eloper shall PC9YiciELtb.e Cj~ SW'.,\Le~oc wjth all Sµryey Notes and documentation for revjew and acceptance, AU Survey monuments must be in place and accepted by the City Surveyor prior to final Acceptance,

t;,G. Excavations.

1. Height. Cut slopes which exceed 100 feet (30.48 meters) in vertical height shall be constructed with a minimum of one benohterrace for each 400~ feet (30.48 meters) in vertical height. The benchesterraces shall be evenly spaced on the slope and shall have a minimum width of J01Q. feet (9.14 meters). The cross section of benches shall be as shown in sity.Qjty standard construction details.

2. Slope. Excavations may be no steepec than is safe for the intended purpose ao.c..shall not be made with a cut face steeper in slope than 2: 1.

Exception: The oit-y engineerCjty Engjneer may permit the excavation to be made with a cut face steeper in slope than 2: 1, if the applicant shows thro1:1€Jhprm.ddes a cuccent geotechnjca! report usjng subsurface exploration by both a seUsgeotechnjcal engineer and an engineering geologist to justjfy a s.teeper slope to the satisfaction of the oity engineerCjty Eogipeer, The report must specjfy that the materials making up the slope of the excavation and the underlying bedrock is.ace. capable of standing on a steeper slope with a factor of safety of not less than 1.5 for static loads.

3. Excavation setback neac.f.Qundations.. Excavations shall not extend below a line that is projected at an angle of 2: 1 from the bottom of the nearest point of any footing or foundation of any building or structure unless such footing or foundation is first properly underpinned or supported against settlement or a civil engineer has determined to the satisfaction of the oit:y engineer~ Epgjpe,er that the proposed excavation will not affect the existing structure.

4. Unstable slopes. If the material of the slope is of such composition and character as to be unstable, considering all types of anticipated loading and moisture conditions, the engineering geologist or soils engineer shall, by testing and analysis, provide specific criteria for its stabilization by reduction of slope angle, buttressing, or by a combination of these or other means so as to produce a stable slope with a factor of safety not less than 1.5 for static loads.

5. Cut slope setback. All cut slopes shall be within properties or parcels under one ownership. That is, theyI.b.,ey shall not be divided horizontally by property lines. Tops of cut slopes shall not be made nearer than one foot (0.30 meters) pl1:.1s one-fifth the height of the cut to a prcajeot boundarywjth_a mjnjmum setback of two feet or that which is required to accommodate any interceptor drain to a property Hne, but need not exceed a horizontal distance of ten feet (3.05 meters). If the city engineorCjty Engjneer determines that the above is

A17-00132Page 21

62

0123456789

unnecessary because of special conditions, the oity engineorCjty Engjneer may make adjustments as a condition of the grading permit.

6. Interceptor terraces. On cut slopes exceeding 25 feet (7.62 meters) in height, interceptor terraces shall be constructed in accordance with Gity~ standards. Terraces shall be paved with concrete on cut slopes and shall have a minimum width of eight feet (2.44 meters) and shall be spaced at maximum intervals of 25 feet (7.62 meters) measured vertically. Where only one terrace is utilized, it shall be placed at mid-height. All terraces and downdrainsdown-drajns must comply with the provisions for "erosion control .aruldrainage devices" set forth in this part.

7. Diverter terraces. Diverter terraces shall be constructed in accordance with the requirements contained under :erosion contol"cntro( and drainage devices: of this part.

~J:1.. Fills.

1. Slope. No fill shall be made which creates any exposed surface steeper in slope than 2:1, except under one or more of the f.ollmving oonditions1...

Exceotjoq: (a) l\. retaining \Vall or other approi.'ed support is pro11idod.(b) The Gity-

engineerCjty Engjneer may permit a fill to be made which creates an exposed surface steeper in slope than 2:1 if the applicant shows through tRe.a.o. investigation, sub,surlace exploratjon analysis and report, to be approved by the city engineer, of a S0ff6geotechnjca( engineer and engineering geologist that the strength characteristics of the material to be used in the fill are such as to produce a safe and stable slope with a factor of safety not less than 1.5 for static loads and the areas on which the fi ll is to be placed have sufficient strength characteristics to support the fill within reasonable settlement values.

2. Slope reduction. The eity engineerCjty Engjneer may require that the fill be constructed with an exposed surface flatter than 2:1 if, under the particular conditions, such flatter surface is determined by the city engineerCjty Engjneer to be necessary for stability or safety.

3. Height. Fill slopes which exceed 100 feet (30.48 meters) in vertical height shall be constructed with a minimum of one bench for each 100 feet (30.4 8 meters) in vertical height. The benches shall be evenly spaced on the slope and shall have a minimum width of 30 feet (Q.14 meters). and shall be constructed jn accordance wjth City standard constructioo details

4. Interceptor terraces. On fill slopes exceeding 25 feet (7.62 meters) in height, interceptor terraces shall be constructed in accordance with eity standards.G.wL standaccLconstructjon details. Terraces shall be paved with concrete on fill slopes and shall have a minimum width of 8 feet (2.44 meters) and shall be spaced at maximum intervals of 25 feet (7.62 meters) measured vertically. Where only one terrace is utilized, it shall be placed at mid-height. All terraces

A17-00132Page 22

63

0123456789

and downdrains must comply with the provisions for "erosion control and drainage devices" set forth in this part.

5. Placement. fill slopes shall not be coas1ru.cted on natural slopes steepecthan 2 unjts horjzontal to 1 ynjt yertjcaL All fills shall be placed, compacted , inspected, and tested in accordance with the following provisions. If the strict enforcement of this section is determined by the oity engineerCjty Engjneer to be unnecessary because of the proposed or probable use of land, the sity­engineerCjty Engjneer may waive these requirements.

These requirements shall not be waived when structures are to be supported by the fill or where they are necessary as a safety measure to aid in preventing the saturation, settling, slipping or erosion of the fill.

(.a.l (a) Preparation of ground. The existing ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill , or other inoompetentunsujtable material and scarjfyjng the ground to proyjde a bond wjth the fill material. Where the slope of the ground surface is 5:1 or steeper, the fill shall be supported eRby ke~sand lev.el benches cut into competent material as determined by the geotechnjcal engineer. The bench.ls§,¥ under the toe of a fill slope steeper than 5: 1 shall be at least ten feet (3.05 meters) wide and 2 feet deep jnto firm natjye soil or bedrock. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. When fill is to be placed over a cut, the bench under the toe of fill shall be at least ten feet (3.05 meters) wide, but the cut shall be FAaQejnspected and approved as being suitable for the foundation and placement of fill material by the geotechnjcal engineer or engineering geologjst or both before placing the fill and before acceptance by the civil engineer, as a suitable fo1:mdation for fill.

(bJ Benching Where existing grade is at a slope steeper than 5 units horizontal to 1 unjt vertical (20 percent) and the depth of the till exceeds 5 feet, benching shall be Pr.o:~1.i.d~-cLinto sound bedro~gtber cooopete.o,t roate.rl.aL as determined bY the Geotechnjcal Engineer, When till ;s to be placed over a cut a key shall be provided whjch is at least lo feet in width an 2 feet in depth The area beyQod th~ toe of till stiaJI be $loped tor sheet overflow or EL paved drain shall be constructed thereon The Geo1echnica1 Engineer or Engineering Geologist or both shall inspect and approve the cut as being suitable for the foundation and placement of fill material before any till material is placed on tbe excavation.

(a~) Subdrains. Except where recommended by a soils engineer as not being necessary, subdrainsSubdrajns shall be provided under all fills placed in natural drainage courses and in other locations where seepage is evident_ except where the geotechnjcal engineer or engjneerjng geologist recommends otherwjse. Such subdrainage systems shall be of a material and design approved by the se»sgeotechnical engineer and acceptable to the oity engineerCity Engjneer. The permitteegeotechnjcat engineer shall

A17-00132Page 23

64

0123456789

provide periodiccontjnuoys monitoring during the process of subdrain installation to conform witRt.Q approved plans and &eHSthe geotechnjcal engineer's recommendations. Such monitoring shall be done by the soil testing agency employed by the permittee. The locations of the subdrains shall be shown on a plan approved by the seilsgeotechnjcal engineer.

(~a) Fill material. Organic material shall not be permitted in fills. Soil containing small amouRt6 of roots may be allowed, pro¥idiRg that tho roots are iR a f1Uanti~' and distributed in a manner that will not be detrimental to the future use of tho site and the use of such material is approved by a soils engineer and the city ongiReor. No rock or similar irreducible materials with a maximum dimension greater than eight inches (0.20 motoF6) shall be buried or placed in fill except as recommended by the S0Hge9technjcal engineer, approved by the city engineerC11~ Engineer, and meeting the following requirements:

(1) The oversized material shall be placed 10 feet (3.05 meters) or more below finish grade.

(2) The soils engineer shall be present while the oversized material is placed and covered.

(3) The reports submitted by the soils engineer shall acknowledge the placement of the oversized material and whether the work was performed in accordance with his recommendations and the approved plans.

(4) The location of oversized rock dispersal areas shall be shown on the as-graded plan.

Rock or similar irreducible materials less than eight inches (0.20 meters) in greatest dimension shall be placed in such a manner as to prevent nesting of oversize particles and to assure that all voids are filled with fine-grained materials.

(d) The fill shall be spread in a series of loose lifts, each not exceeding eight inches (0.20 meters) in thickness. and shall be compacted by sheepsfoot roller or other approved method after each layer is spread. The next lift shall not be placed until the compacted lift is tested or authorized by the soils engineer or city engineer, respootivelyand authorized by the Cjty Engineer.

(e) The moisture content of the fill material shall be controlled at the time of spreading and compaction to obtain required relative compaction. A soils engineer shall establish the allowable moisture range which minimizes settlement.

(f) All fills shall be compacted to a minimum of ninety percent of maximum density as determined by A.S.T.M. Method D 1557. The oity engiReerJ:L 1557, "Modified Proctor" The Cjty Engineer may approve alternate minimum compaction densities where a soils engineer or geotechnical

A17-00132Page 24

65

0123456789

engineer has determined to the satisfaction of the city engineer~ Eogjneer that alternate minimum compaction densities are necessary to achieve the maximum benefit from soil consolidation. If the required degree of relative compaction cannot be attained on sloped surfaces, the slope shall be overfil led and cut back until the compacted inner core is exposed. Field density shall be determined by A.S.T.M. Method D 15560 1557, MQdjfjed ProcioL or other methods approved by the city engineer~ Engjneer which give equivalent results.

(g) A sufficient number of tests shall occur to satisfy the engineerCjty Engjpeec that all requirements have been met. A681 a minimum, a field density test, as herein provided, shall be taken for each two feet (0.61 meters) of fill, or portion thereof, measured vertically from the lowest point of the area to be filled and for each 1,000 cubic yards (764 .60 cubic meters) of fill placed. In addition, in the case of subdivisions, at least one field density test shall be taken on each lot which receives fill. One field density test shall be taken on the slope face for every four feet (1.22 meters) in elevation of the slope or every 1,000 square feet (Q2.QO squaFe meters) of slope for each lot.

6. Rough grading certificate. All fills regulated by this part shall be tested for relative compaction by a soils testing agency. A certificate of compliance with the terms testing of this section and the grading permit, setting forth densities, relative compaction and other soil characteristics shall be prepared and signed by a SGHSgeotecboicw. engineer. This report shall be submitted to and approved by the city engineerCjty Engineer before any final approval of the fill is given and before any foundation construction begins.

7. Toe location. Fills that toe out on natural slopes which are steeper than 2:1 shall not be permitted.

Exception: The City engineerEngjneer may permit the placement of fill on slopes as steep as 1 %: 1, if the applicant shows through subsurface exploration and appropriate analysis by both a SGHSgeotechnjcal engineer and an engineering geologist, to the satisfaction of the city engineer, that the material making up the natural slope is capable of supporting the proposed fill.

8. Toe setback. Toes of fill slopes shall not be made nearer to a project boundary/property line than one half the height of the fill wjth a mjnjmum ~back of 2 feet, but need not exceed a horizontal distance of 20 feet (6.1 O meters). Fill slopes shall not be divided horizontally by property lines. If the sity­engineerCjty Engjneer determines that the above is unnecessary because of special conditions, the city engineerCjty Engjneer may make adjustments as a condition of the grading permit.

9. Combined cut and fill slopes. Combined cut and fill slopes shall meet the requirements of paragraphs (a), (b), (c), and (d) of this section.E.att insofar as steepness, height, and benching are concerned except that, where the slope exceeds 25 feet (7.62 meters) in height, the required benchterrace shall be placed at the tepmid-hejght IQcatioo of the cut slope or as determjned by the geotechoical engineer, .

A17-00132Page 25

66

0123456789

10. Old fills. All existing manmade fills, on any and all sites will be properly evaluated and recommendations and design criteria for corrective measures shall be included within the soils engineering report, if deficiencies exist.

11. Progress reports. Periodic soils reports by a seff6geotechnjcal engineer certifying the compaction or acceptability of all fills will be required monthly for projects extending three months or longer. These shall include, but need not be limited to, inspection of cleared areas and benches prepared to receive fill , aRG­removal of soil and unsuitable materials, the placement and compaction of fill materials, and the inspection of buttress fills , subdrains, and similar devices.

The city engineerCjty Engineer may require sufficient inspection by an engineering geologist to assure all geologic conditions have been adequately considered. Where geologic conditions warrant, the city engineerCjty Engjneer may require periodic geologic reports. These inspections and reports may be required to include... but need not be limited to. inspection of cut slopes, canyons during clearing, operations for groundwater and earth material conditions, placement of subdrains, benches prior to placement of fill, and possible spring locations.

Gl. Planting and irrigation of cut and fill slopes.

1. GaRat=aUyGeneral. All fill and cut slopes greater than four feet (1.22 meters) in vertical height, and any natural slopes from which native vegetation has been removed, which are determined by the city engineerCj~ Engineer to be subject to erosion. shall be planted and irrigated with an irrigation system to promote the growth of ground cover plants to protect the slopes against erosion, as required by this section . The owner shall be responsible for planting and maintaining all slopes where such is required in this section .

2. Minimum requirements.

(a) Low slopes to 15 feet (4 .67 meters) in vertical height.

(1) Plant with grass or ground cover plants as recommended on the approved planting schedule. Other plants recommended by a landscape architect will be considered for approval by the parks managerParks Manager.

(2) An irrigation system shall be installed to irrigate these slopes as a part of the onsite plumbing installation, unless otherwise approved by the city engineerCjty Engineer.

(3) The owner shall water the slopes which have been planted with grasses and ground cover plants at sufficient time intervals to promote growth.

Exception: Where the oily engineerCjty Engjneer finds the slope is located in such an area to make hand-watering possible, conveniently located hose bibs will be accepted in lieu of the required irrigation system when a hose no longer than 50 feet (15 meters) would be necessary.

A17-00132Page 26

67

0123456789

(b) Medium slopes 15 feet (4.57 meters) to 38 feet (11 .58 meters) in vertical height.

(1) Plant with grass or ground cover plants as recommended on the approved planting schedule. Other plants may be recommended by a landscape architect for approval by the parks managerParks Manag~.

(2) In addition to ground cover plants, approved shrubs having a one-gallon minimum size at ten feet (3.05 meters) on center in both directions on the slope may be used when thejn conjunction wjth an irrigation system is available for irrigation may be used. The plants and planting pattern may be varied to include trees upon the recommendation of tAe.a landscape architect and approved by the parks managerParks Manager.

(3) An adequate irrigation system shall be installed during grading, prior to planting of shrubs and trees.

(c) High slopes 38 feet (11.58 meteFs) or over in vertical height.

(1) Plant with grass or ground cover plants as recommended on the approved schedule. Other plants recommended by a.....landscape arohitestsacchitec.t may be submitted to the parks managerPark.s Manager for approval.

(2) In addition to ground cover plants, approved shrubs having a minimum one-gallon size at ten feet (3.05 meters) on center in both directions on the slope, or trees at 20 feet (6.1 O meters) on center both ways may be used.

A combination of shrubs and trees may be utilized. This plant and planting pattern may be varied upon the recommendation of a landscape architect and approval by the parks managerEarks Manager.

(3) Slopes exceeding a height where a drainage terrace is required shall be planted with shrubs, minimum size one-gallon, two feet (0.61 meters) on center, parallel to the benches and within two feet (0.61 meters) of the uphill side. Larger varieties may be staggered one each side of the bench as an alternative.

(4) An adequately designed irrigation system shall be installed prior to planting shrubs and trees.

3. Special requirements for irrigation systems.

(a) Plans for irrigation systems.)!stem§. shall be submitted to and approved by the parks manageFEarks Manager prior to installation.

(b) The irrigation system shall be designed to provide a uniform water coverage at a rate of precipitation of not less than 1/10 inch ~ millimeters) per hour nor more than 3/10 inch (7.62 millimeters) per hour on the planted slope. In no event shall the rate of precipitation duration of sprinkling be permitted to create a saturated condition and cause an

A17-00132Page 27

68

0123456789

erosion problem, or allow the discharge of excess water into any public or private street.

(c) A check valve and balance cock shall be installed in the system where drainage from sprinkler heads will create an erosion problem.

(d) Adequate backflow protection shall be installed in each irrigation system as required by the uniform plumbing codeCalifornja Pjumbjng Code.

(e) A function test of the irrigation system shall be performed by the installer for every irrigation system prior to approval.

(f) Where PVC pipes are used on slopes, they shall be a minimum of schedule 40 embedded at least eight inches (203.20 mm) below grade. Such pipes may be exposed for above-ground installation provided they are ASTM rated as resistant to ultraviolet sunlight. All risers, sprinkler heads, valves and fittings shall be brass or galvanized metal, or rated as sunlight resistant.

4. Plants. All plants required by this section shall be selected from a list approved by the parks managerEat~s.Manage.i:.

MJ.. Erosion control and drainage devices.

1. Water disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainageway.d.raioag~ approved by the Gity­engineerCity Engjneer as a safe place to deposit such waters. Erosion of ground in the area of discharge shall be prevented by installation of non-erosive downdrains.dowo-dcaios or other devices.

2. Interceptor terraces. Paved (concrete) interceptor terraces shall have a minimum width of eight feet (2.44 meters), a minimum depth of one foot (0.30 motors), and shall be installed on the face of all cut and fill slopes at intervals not to exceed 25 feet (7.62 meters) measured along a vertical plane.

The longitudinal slope of interceptor terraces shall not be less than four percent or more than 12 percent, and any change in rate of grade within these allowable slopes shall increase the grade in the direction of flow.

A single run of a terrace shall not exceed 150 feet (45.72 meters) to a downdrain.

Downdrains shall be embedded and round pipes enclosed in concrete shaped as shown in the city standard construction detailsCjty Standard Constructjon Details, or an alternate design which is prepared by a civil engineer and acceptable to the sity ongineerCjty Engjneer.

The cross section of interceptor terraces shall meet the specifications shown in the Gity~ standard construction details.

3. Diverter terraces. Paved (concrete) diverter terraces, three feet (0.91 meters) in width and one foot (0.30 meters) in depth, constructed as shown in the Gity.Qm! standard construction details. shall be installed at the top of all cut slopes

A17-00132 Page 28

69

0123456789

where the tributary drainage area above has a slope exceeding ten horizontal to one vertical and a horizontal projection of greater than 40 feet (12.1 Q meteFS).

4. Berms. Berms as shown in the Gity~ standard construction details; shall be constructed at the top of all slopes.

5. Vee channels. Where a slough wall is required at the toe of the slope or a retaining wall is built to support any cut or fill , a Vee Channel shall be constructed behind the wall to carry off the slope waters.

6. Inlet structures, downdrains and outlet structures.

(a) Inlet structures. Inlet structures shall be of concrete or galvanized steel hot-d ipped in asphalt or equivalent. The inlet shall be grated or of such entry shape as to prevent entry of objects of greater than four inches (0.1 O meters) in dimension. Wet structures shall be placed as shown in the Git,'.Qwl standard construction details and shall be so shaped as to minimize entry losses. An overflow structure into the "Vee" downdrains shall be provided.

(b) Downdrains. Pipe downdrains shall be corrugated steel pipe, galvanized, hot dipped in asphalt or equivalent with paved invert or reinforced concrete pipe, D-350.ac,Q or P.V.C. SOR 35 or HOPE in conformance with the eity~ standard construction details, and shall have a diameter of a size required by run-off calculations, but not less than 12 inches (0.30 meters).

Open downdrains shall be of concrete or corrugated galvanized steel hot-dipped in asphalt or its equivalent with paved invert. Open channel downdrains shall be designed by a civil engineer and shall have a minimum capacity equal to four times the required pipe size. The alignment of downdrains shall be such as to conserve velocity head.

(c) Outlet structures. Outlet structures shall be of concrete or as approved by city engineer.the Cjty Engjneer,

Where outletting into streets, the structure shall be of a design approved by the city engineerCjty Engjneer.

Where outletting into natural watercourses or other approved locations, the structure shall be provided with adequate velocity reducers, diversion walls, rip-rap, concrete aprons or similar energy dissipater as approved by ~ enginoerthe City Engjneer or other jurisdictional agency. All slope drainage shall be collected and disposed of in the drainage device.

7. Run-off computations. Run-off shall be based upon the proper 50-year isohyetal and the run-off calculation shall be based upon the latest methods approved by the city engineerCjty Engjneer.

8. Drainage dispersal wall. A drainage dispersal wall shall be constructed in conformance with the Gity~ standard construction details whenever it is necessary to convert channel flow to sheet flow.

A17-00132Page 29

70

0123456789

9. Site drainage. All building pads shall slope a minimum of two percent to an approved drainage device or to a public street. Where used, the drainage device shall be an adequately designed system of catchbasinscatch basjns and drainlinesdrajn lines which conducts the water to a street, storm drain or natural watercourse approved by the city ongineerQ.ity Engjneer, as a safe place to deposit such waters. Refer to Gity~ building seeestanda[ds for fine grading requirements and drainage around building foundations (Chapter 12.115).

10. Maintenance of drainage. Drainage in conformance with the provisions of this part shall be maintained during and subsequent to construction. Suitable access shall be provided to permit cleaning and maintenance of all drainage and erosion control devices.

t~ . Driveway slopes. Driveways shall have a maximum slope of 5: 1 (20 percent) and shall terminate at both ends with vertical curves. The vertical curve of the bottom of the driveway slope shall have a minimum length of five feet (1.52 meters). The vertical curve at the top of the driveway slope shall have a minimum length of ten feet (3.05 meters). Vertical curves at grade changes, which exceed one-half percent, shall have a minimum length of five feet (1 .52 meters).

(Ora. No. 2007 011 , § 1, 4 16 07)

Sec. 12.220.050. - Building setbackSetback.

A. Building setback. Building foundations shall be located clear of all slopes in accordance with the California Building Code (CBC) as adopted by the City of San Buenaventura.

(Ora . No. 2007 011, § 1, 4 16 07)

Sec. 12.220.060. - Buttress fiUsf.ll.lA.

A. General. A buttress fill is a designed compacted earth fill used for providing lateral support to an unstabilized soil mass. All buttress fills shall comply with the most restrictive of the requirements of this section or other sections of this part.

B. Foundation. The abi lity of the foundation soi l to support the buttress shall be investigated and a soils engineer shall provide specifications for keying of the base of the buttress and for bonding the buttress to the natural ground.

C. Base width. The minimum base width of a buttress fill shall not be less than 15 feet­(4 .57 meters). The width of a buttress fill may vary uniformly to a top width of not less than 12 feet (3.66 meters).

D. Height. The maximum height of buttress fill shall be 30 feet (Q.14 meters) unless the 69H6geotechnjcal engineer provides substantiating calculations to justify a height greater than 30 feet.

E. Slope. The exposed surface of a buttress fill shall not exceed a slope of 2: 1.

A17-00132Page 30

71

0123456789

Exception: The city engineerCjty Engineer may permit a buttress fill to be made which creates an exposed surface steeper in slope than 2:1 provided :

1. The use of the steeper slope is determined to be necessary due to special design limitations on the site; and

2. The gradient does not exceed one and one-half horizontal to one vertical; and

3. The appiicant shows through investigation, subsurface exploration, analyses and report by both a qualified se#sgeotechnjcal engineer and an engineering geologist. to the city engineerCjty Engjneer's satisfaction , that the buttress fill to be used and the underlying bedrock supporting the fill will have strength characteristics sufficient to produce a stable slope with a minimum factor of safety not less than one and one-half under static loads.

F. Subdrain. Subdrains which blanket the entire back face of the buttress or which occur at intervals shall be provided to prevent buildup of hydrostatic pressure. Details of subdrains shall be provided by the soils engineer or geotechnical engineer.

G. Blanket seats. Blanket seals of relatively impervious material shall be required oA cut pads abo¥e buttress fills ·.vhere grading exposes the strata to infiltration of water. The blanket shall be of w.io foot (Q.61 meters) minimum thickness or of such greater dimension as specified by the soils engineer or geotechnioal engineer. M.

Design. Design calculations for all buttress fills shall be prepared by a civil engineer or se#sgeotechnjca! engineer and submitted to the city engineer~ Engineer.

For design purposes, a maximum value of 75 psf (3.6 kN/m2), cohesion and an

angle of internal friction of six degrees may be used to determine the resistance of the bedding plane. Use of greater ¥alues shall be substantiated by tests taken along the probable slip plane under conditions simulating the worst possible field conditions. The method of performing these tests shall be included in the seHSg~gtechnjcal engineer's reports.

The mass of earth to be retained shall be assumed to extend a minimum distance from the top face edge of the buttress equal to (a) the vertical height of the buttress when the surface slope above does not exceed six degrees, or (b) 100 feet (30.48 meters) when the surface slope above the buttress exceeds six degrees.

The type, percentage of compaction, cohesion and angle of internal friction of the materials to be placed in the buttress shall be specified. The buttress fill shall be designed for a minimum safety factor of one and one half,ll based upon the smaller value of ultimate or residual shear strength of the fill material.

I. Deviations. Upon recommendation by a se#sgeotechnjca! engineer, deviations from the above requirements other than those set forth in subsection "E" above may be approved if the city engineerCjty Engjneer determines that the proposed deviations do not endanger life, limb, health, property, safety, or public welfare.

A17-00132Page 31

72

0123456789

(Ord . No. 2007 011 , § 1, 4 16 07)

Sec. 12.220.070. - Areas swbjeGt to geologiGally l:lazardows GonditiensSybject to Geologjcany Hazardous condjtjons.

A. General. The provisions of this section shall be fully complied with prior to issuance of a grading permit in areas subject to existing or potential slides, unstable soil, or geologic hazards or other hazardous conditions as determined by the ~ engineerCjtv Enqjneer.

B. Records and maps. The city engineer or building officialCjty Enqjneer or Bujldjnq Offjcjaj may adopt maps delineating areas of relative hazard for the application of this section.

C. Permission to do work.

1. Active landslide and historic landslide areas. No building or grading permits shall be issued for development in active or historic landslide areas until , and unless, stabilization of the entire slide or soil mass which may have an adverse effect on the proposed development or access thereto can be satisfactorily demonstrated to the city engineerCjty Enqjneer and the building officialBujldjng Official.

2. Prehistoric landslide or questionable areas. No building or grading permit shall be issued for development in prehistoric landslide or questionable areas except by specific approval of the city engineerCjty Engia~@C and the building officialBu,jldjpq OffjcjaJ. based upon a geological report by an approved soils engineer or geologist, attesting to the apparent safety of the proposed developments, and stating that the development is not located in an area subject to slides or unstable soil which may have an adverse effect on the proposed development or access thereto.

3. Geologically hazardous areas.

(a) An engineering geology report by a geotechnica l engineer or engineering geolog ist shall be submitted to the city engineerCjty Engjneer for approval for all grading or construction sites which meet the following criteria:

(1) All projects which require a soils, geotechnical, or geological report under other sections of this part.

(2) All projects which are within the boundaries of special study areas, seismic zones, geohazard zones, or moderate or high liquefaction hazard zones.

Exclusions: Single-story additions to single-family residences may be excluded from these requirements if the city engineerCjty Engjneer or the

A17-00132Page 32

73

0123456789

building officialBujldjng Offjcjal determines that such exemption would not endanger life, limb, health, property, safety or public welfare.

(b) Where the engineering geology report determines that there is a significant potential geological hazard, mitigation measures as recommended in the report and approved by the cit.y engineerCjty Engjneer shall be performed.

4. Other conditions. If, in the opinion of the city engineerCjty Engjneer or the building officialBujldjng Offjcjal, there is evidence of potentially hazardous conditions other than those covered by items 1, 2, and 3 of subsection C, above, satisfactory reports from .a..c.....approved soils engineersengjneer and engineering geologistsgeologjst may be required. If such reports are required, a permit may be issued if the reports testify to the apparent safety of the development. If. in the opinion of the city engineer · or building official.QmL. Engjneer or Building Offjcja!., it is found that the area in question has elements of hazard, or if the reports so indicate, a permit may be refused.

(Ord. No. 2007 011 , § 1, 4 16 07)

Section 12,220,oao, Natjonal Pollutant Discharge Eliroiaatioa System (NPPES) Qompnance.

A. General, All grading plans and permits and the owner olan~ gropetn( on which, such grading is performed shall comply with the provisions of this section for NPPES compliance.~

All Best Management Practices (BMPs) shall be jnstaHed before grading begins A~ grading p.rogresses_au BME,s_sb.all be updated as necessa()! to prevent erosion and control constructjon-related pollutants from djschargjng from the sjte. All BMPs shall be roaintajned in good working order t<Ltbe satisfaction of the City Engineer unles_s final grading__,a,ppro~aJ ha,s_been granted b~ the City EngjneeL apd aU.perrnaneot drainage and ecosjon cooteoJ systems. if reguiced, are io place,

B, Storm water P9Jlutioa Pcexeation Piao csweeei The City Engineer may regujre a sweee in accQidance witb the :Ventura Count¥ StormwateLQuaHty NPDES MS4 Permit The sweee shall contain details of Best Management Practices (BMPs). including temporary drainage or control measures or both as may ba necessary to control constructjon-retated pollutants which originate from the sjte as a result of constructjon related activities No grading permit shall be issued until a written Notjce of latent has been obtajned by the permjttee from the State Regional Water Quality Control Board and the sweep has been completed by the permjttee's EngjneeLand js ready to be available at the construction sjte at all times. Upon inspection by and at the djrectjon of City. the grading permit as;wlicant shall make corrections to the sweee if the BMPs are not functjonjng properly, The Cjty Engineer may jssueJJ stop work order on au gradinfLuntH the sjte is brought into NPPES compliance.

A17-00132Page 33

74

0123456789

c,_storm water Pollution control Pfan cswecpl A swece may be regujred on projects thaLare less than one4cre_0Ldisturbed area The swece shall contain practjcal Best Management Practices (BMPs) to reduce the discharge of construction pollutants and sedjmentatjon to a water body A swece shall be signed by the grading permit applicant and Project Engineer The swece will remain io effect throughout the duration of the grading permit, The swece may need to be revjsed during construction to reflect the current site cooditioos, Upon inspection by and at the djrectjon of Cjty, the grading permit applicant shall make corrections to the swece if the BMPs are not functjonjng properly, The Cit¥. Engineer may jssue a stop work order on au grading until the site is brought into NPQES compliance ..

P, sweee and swpce, Effect of Non-compliance, Should the owner tail to install the Best Management Practjces (BMPs) regyjred by this Sectjon it shall be deemed that a default has occucred under the conditions of the grading permit security, The City Engineer may deem it necessary to protect adjoining propem! fccw the effects of erosion, flooding or the deposjtjon of mud, debris or coos1wc.tion-reJated pollutants and regujre the surety to install and maintain adeguate sediment control BMPs and protect the adjacent properties and ~,at~ccourses that may be threatened from sedjmentatjon,

SECTION 2· The City Council hereby determines that this Ordinance amernJmeu! is exempt from environmental revjew pursuant to Section 15308 of the California Environmental Ouality,,,,Act (CEOA) Guidelines because,Jt consists only of. minor revjsjons and clacifications to an existing body of local regulations and spedficatjpns of procedures related thereJo and will not have the effect pf deleting or substantjaHy changing any regulatory standards or findings ceguired therefore+­Iherefore. this is an actjon bejng taken for enhanced protectjon of the environment and does.not bave the potential to cause sjgnjfjcant effects on the environment directly pr iodirecuy,

LU.

LU.

LU.

SECTION 3· This Ordjnaoce shall take effect upon the 3P' day after its final passage and adoption

A17-00132Page 34

75

0123456789

PASSED AND ADOPTED thjs

ATTEST:

Antojnette M. Mann, MMC. CRM

Cjty Cleek

APPROVED AS IQ EQBM;

Gregory G, Diaz, City Attorney

Jeooiter Lee

Assistant City Attorney

A17-00132Page 35

th day of May 201z

Erik Nasarenko Mayor