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HomeMy WebLinkAbout38.83 ORDINANCE NO. 38.83 AN ORDINANCE OF THE CITY OF SARATOGA ~MENDING THE SARATOGA CITY CODE, AND SPECIFICALLY ARTICLE V THEREOF, BY ENACTING NEW REGULATIONS GOVERNING AND CONTROLLING EXCAVATION AND GRADING IN THE CITY The City Council of the City of Saratoga hereby ordains as follows: Section 1. Purpose. The purpose of this Ordinance is to safeguard life, limb, property apd the pubt~q welfare by regulating grading on private property, tO protect property a~inst loss, from'erosion, earth movements.and flooding and 'to establish a set of criteria by which all grad~g~plans can be evaluated. More specifically, this Ordinance is designed to: ao Enhance the community by preserving 'the scenic character of major portions of the City by preserving the natural physical features, and prohibiting insofar as feasible padding and terracing of building site. b. Minimize problems of drainage, erosion,~earth movement and similar hazard normally incurred in adjustment of the terrain to meet on-site and off site development ., needs as well as visually unpleasant relationships; c'. Ensure places, watercourses, streets and other public lands are not subject to erosion, earth movement of faulty drainage; d. ~nsure planning, design and constructions will occur with maximum safety and with!~as little disruption to the natural terrain as possible by minimizing cut and fill operations. eo Preserve the natural scenic qualities of the City while allowing development~ minimizing the hazard, and retain- ing natural vegetation to protect against erosion, earth movement and similar hazards. This Ordinance sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments; establishes a committee and administrative procedure for issuance of permits; and provides for approval of plans and inspection of grading construction. Section 2. Repeals. Sections 3-40 and 3-41 of the Saratoga City Code, contained in Article V thereof, are hereby repealed. Section 3. New Enactments. There is hereby added to Article V, Chapter 3 of the Saratoga City Code, the following new sections and subsections to read as follows: ARTICLE V EXCAVATION.AND GRADING Sec. 3-40.1."D~fin~t~ons. For the purposes of this Article the definitions listed hereunder shall be constructed as specified in this section. - 1 - A roval shall mean a written opinion by the Building Official concernSprogress and completion of the work. As-graded is the surface conditions extent on completion of grading. Bedrock is in-place solid rock. Bench is a relatively level step excavated into earth material on which"'f{Y1 is to be placed. Borrow is earth material acquired from an off-site location for use in grading on a site. Civil Engineer shall mean a professional.engineer registered in the State to practice in the field of civil works. Civil Engineering shall mean the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works for the beneficial uses of mankind. Compaction is the densification of a fill by mechanical means. Contour Grading is the shaping of the final grade to complement the natural contours existing on the site. Driveway is a way or route for use by vehicular traffic leading from~.a parking area or from a house, garage or other structure, to the road or street. Engineering Geologist shall mean a geologist experienced and knowledgeable in engineering geology. Engineering Geology shall mean the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works. Erasion is the wearing away of the ground surface as a result of the movement of wind, water and/or ice. Excavation-is the mechanical removal of earth material. Fill is a deposit of earth material placed by artificial means. Grade shall mean the vertical location of the ground surface. Existing Grade is the grade prior to grading. Rough Grade is the stage at which the grade approximately conforms to the approved plan. Finish Grade is the final grade of the site which conforms to the approved plan. Gradin is any excavation or filling or stockpiling, or combina~ereof, including without limitation any act by whihh earth, dirt, minerals or other similar materials or combinations thereof which the land contains or of which the land is composed, is cut into, dug, quarried, uncovered, removed, bulldozed, dis- placed, or relocated, and including mining, quarrying, excavating, processing or stockpiling of any of said materials. Ke is a designed, compacted fill placed in a trench excavat~in earth material beneath the toe of a proposed fill s lope. ,, -. Permittee refers to the property owner applying for and receiving a"grading permit. Site is any lot or parcel of land or.contiguous combina- tion the'~f, under the same ownership, where grading is per- fo~med or permitted. · Slope is an inclined ground surface 'the. inclination of which is expressed as a ratio of horizontal distance to vertical d is tanc e. Soil is naturally-occurring surficial deposits Overlying bedrock. Soil Engineer shall mean a registered civil engineer experienced and knowledgeable in the practice of soil engineering. Soil Engineering shall mean the application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof. Stockpiling shall mean temporary depositing or storing. of fill material on a site. Terrace is a relatively level step constructed in the face ofag~ed slope surface for drainage and maintenance purposes. Sec.' 3-40.2. Permit Required. iN~ ~'~fs6~: s~ai~0;' ahy ~grad~in~,t'~e~6Vat~'p,'f/50 Cu~d- ye~'~ or more of-ma~eri'aL~wf~in ~-on~?~re~ !~riod.~r~th~ut~*~i~ Ch~re.f~or fr0m'th~e~B.~j~di;~g ,Official, eXcepf f6r' th~ follOWing: (a) 'Cemetery graves; (b) Refuse disposal sites if the same are otherwise controlled by other regulations of this Code; (C) Well drilling; (d) Excavation or grading for the construction or maintenance of any pipe, drain or conduit along or across any' public street for which a permit has otherwise been obtained in accord with Article IV Of Chapter 13 of this Code, or the excavation or grading for the installation of underground public utilities on private property; (e) Exploratory excavations under the direction of a Soil Engineer or an Engineering Geologist; (f) Swimming pools where the natural slope is 10% or less at the location of the pool; (g) ~--Any ~e'xca~ation or w~fch~:mo~es 5~of~re~6~s~l~°~ than 50' ch~-~ydS ~f i-materi~iY~ ~" '.(h') Excav~tio~n-of-ie~s than_ 50-'c~bfc ~rds on a slope of less -thanl 20 pe~c~t-,-' -3- Sec. 3--/,,0.3.. Hazards. Whenever the Building Official determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, o'r adversely affects the safety, use or stability of a public' way or drainage Channel, the owner of the property upon which, the excavation or ~£ill is located, or other'person or agent in control of said property, u on receipt of notice in writing . from the Building Official sha~l, period specified within the therein, repair or eliminate such excavation or embankment so as to remove the hazard and be in. conformshue with the require- ments of this ·Article." Sec.' 340.4. Application for Gradin8 Permit. A ·separate Gradin~ Permit shall be required for each' site, and may cover both excavations and fills. Each application shall include, or be accompanied by, the follow- ing: (a)' Two sets of grading plans; (b) When required by the Building Official, two sets .of specifications and supporting data including a soil engineering report and engineering geology report. Such report shall include current data regarding the nature, distribution and strength of existing soils, type and'depth of foundation supports, allowable bearing capacity for said support, and recommendations concerning slope stability, as well as recommendations and conclusions for grading procedures, and. design criteria for corrective measures if any are necessary. Both the plans and specifications shall be prepared and signed by a Civil Engineer when required by the Building Official; (c) The grading plan Shall be drawn to scale· upon substantial paper or-cloth and-shall be-of sufficient clarity to indicate-the nature and extent of work"pro- posed and showing in detail that they wills conform to the provisions of this Article and to all-0ther relevant laws,l ordinances-and regula.~ionsj :The "first-sheet of 'each set of plans shall 'give the location of the work .':-:-"l. and the name and address of the owner and the person ] '.. ~by.whom they were prepared, The plans shall include -I the :following information: (1) General vicinity of the proposed site; (2) Property limits and. accurate contours of existing ground and details of terrain and area drainage; (3) Limiting dimensions elevation or finish con- tours to be achieved'by the grading and proposed drainage channels and related construction; (4) Detailed plans of all surface and sub- surface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work together with a map showing the drainage area and the estimated run-off of the area served by any drains; (5) Location of any buildings or structures and trees over 12 inches in diameter, 24 inches · in height from natural grade on the property where the work is to be performed and the location of , any buildings or structures on lands of adjacent, . ?-owners which are within the minimum setback as specified in Ordinance 60 of. the property or which· may be affected by the proposed grading operations. Specifications shall contain information covering , construction and material requirements; (6) Estimate 'of the·quantity of excavation or fill involved and estimated coum,encement and completion dates; ' (7) Indication of the area of vegetation to be removed; (8) Provisions for erosion control. (d) The engineering geology report required by Subsection (b) shall include an adequate description of the geology of the site, together with conclusions and recommendations regarding the effect of the geologic conditions on the. proposed development, and opinions and recommendations concerning the adequacy of the site to be developed by the proposed grading. Recommenda- tions included in the report and approved by the Building Official shall be incorporated in the final grading plans or specifications. Sec. 3-40.5. Gradin8 Designations. Where the aggregate volume of grading on any site or contiguous' group of sites is in-excess of 1000 cu. yds., or the proposed cuts and/or fills exceed 10 ft. vertical at their maximum point, or where 30%-or more of the vegetat-ion is to be removed from any vacant 'land, the same shall be deemed to-be and to require engineered .grading. ~ir'other'gra~dln~]' 50 to .1000 chbiC-f~r~ds~f?m~-thr~!a;l~i~.~Sh~.l-1 be deemed regular' g~ading. Where .th~ application for a ~rading permit is for regular grading,/the same shall be reviewed by a committee · .composed of the Building Official, the Planning DireCtor and ~-the..City Engineer, and if said committee finds the application is in-conformity with all the provisions of this Art ic le ,l the Building Official may thereafter issue a permit with such reasonable conditions as he may deem necessary in order tO comply with all the provisions of this Article. The committee or the Building Official. may. refer any such application to the Planning Co~,,,tssion 'for a report and recommendation prior to the issuance of any permit. Where the application is for grading which is deemed to be engineered grading, the con~ittee shall first review the application end thereafter prepare and submit a report and rec~',',,,,endation to the City Planning Commission. The Planning Commission shall approve, with reasonable conditions, or dis- approve any application-fOr engineered grading, and the Building Official may not issue any permit~ for engineered grading without i the affirmative approval of such Comm ssion. FailUre of the · Planning Commission to act on any application within sixty (60) days after submission to it will be deemed to constitute approval of such.. application. When application for a grading permit/relates to a proposed building site, design review in accord with Article 13 of the Zoning Ordinance shall-first be obtained prior to the issuance of any grading permit. S_ec. ' ~'~40.7. Engineered Grading Requirements. For engineered grading, it shall be the responsi- bility of the Civil Engineer who prepares the approved grading plan to incorporate all reconmendations from the soil. engineer- ing and engineering geology reports into the grading plan. He shall also be responsible for the professional inspection and approval of the grading within his-area of technical specialty. This responsibility shall include, but need not be limited to, inspection and approval as to the establishment of line, grade and drainage of the development area. The-Civil Engineer. shall act as the coordinating agent in the 'event the need arises for liaison between the other professionals, the con- tractor and the Building Official. The Civil Engineer shall also be responsible for the preparation of revised plans and the submission of as-graded grading plans upon completion of the work. The grading contractor shall submit in a form pre- scribed by the Building Official a statement of compliance to said as-built plan. Soil engineering and engineering geology reports shall be required as specified in Section 7006. During grading all necessary reports, compaction data and soil engineer- ingTand engineering geology recommendations shall be submitted -~-: to-the Civil Engineer and .th~ .Building Official by the .soil .... :~:!'engineer land=the engineering geologist. -:. · . - . ~.. ?~-:. The .soil eng'ineer's area of responsibility shall include, but need not be limited to, the professional inspection and approval concerning the preparation!of ground -to receive 'fills, testing for required compaction~ stability-of all finish slopes and the design of buttress= fills, where required, in- corporating data supplied by the engineering geologist. -' ':I.The engineering geologist's area of r'esponsibility .shall include, but need not be limited to, professional inspec- tion and approval of the adequacy of natural ground for receiving fills and the stability of cut slopes with respect to geological matters, and the need for subdrains or other ground water drain- age devices. He shall report his findings to the soil engineer and the Civil Engineer for engineering analysis. The Building Official shall inspect the project at the various stages of the work requiring approval and at any more frequent intervals necessary to determine that adequate control is being exercised by the professional consultants. Sec. 3-40.8.. Regular Grading Requirements. The Building Official may require inspection and testing by an approved testing agency. .-~ The testing agency" s 'respens ibility shall include, but need not be limited to, approval concerning the t~spection of cleared area and benches to receive fill, and the compaction of fills. When the Building Official has cause to believe that geologic factors may be involved the grading operation will be required to conform to "engineered grading" requirements. "See. 3-40.9. Deviations from Standards. The Building Official shall-have authority to permit minor changes, modifications, and other deviations from the design standards set forth in the sections on cuts, fills, set- backs, drainage and planting above, upon his finding that any such change, modification or deviation will not detrimentally alter the resultant stability and drainability in relation to the use to be made of the graded area. Where the proposed change, modification, or deviation from design standards involves more than a'10% change in the total amount of cut and fill, or in the'height of any cut or fill bank, the same shall be deemed to be a major change or deviation, and prior to such deviation being permitted the same must first be ;reviewed and approved by the committee. The Building Official may impose such condi- tions as appear reasonably necessary in order to secure the objectives-of this Article on permitting any such change, modification or deviation. _S_ec. 3-40.10. Notification of No.n'compliance. If, in the course of fulfilling their responsibility under' this'-Article, the-civil engineer', ~the .soil engineer, the engineering geologist or the testing agency finds that the work is_ not being done in. conformance with the Article or .the approved grading plans, the discrepancies shall be reported immediately in writing to-the person-in charge of the grading work and to the Building Official. Recon'm~endations for correc- tive measures, if necessary, shall be submitted. S~. 3-40.11. Transfer of Responsibi. lity for Approval. If the civil engineer, the soil engineer, the engineer- ing geologist or the testing agency of record are changed during the course of the work, the Work shall be stopped .'uh~il' the replacement has agreed to accept the responsibility within the area Of their technical competence for approval UPon completion of the work. Sec. 3-40.12. Action under Permit. All work under a grading permit shall be begun within 180 days after issuance and completed within Six (6) months thereafter. In the event of unusual difficulties the Building Official may grant an extension, so long as the application therefor is made prior to the expiration date of the permit. Notwithstanding the foregoing, the Building Official shall have -7- the power to stop or delay the progress of any work if the same shall be deemed necessary due to weather conditions. ~.Each permittee shall'retain a complete set Df approved Plans ~ the site. during all grading operations. " ~ " Sec. 3-40.13.' ~*~eeS.' ~'.' ' ' (a) Plan-checking Fee. For excavation and fill on the same site, the fee shall be based on the volume of the excavation or fill, whichever is greater. Before accepting a set of plans and specifications for checking, the Building Official shall collect a plan-checking fee. Separate permits and fees shall apply to retaining walls or major drainage structures, as indicated elsewhere in this Article. There shall be no separate charge for standard terrace-drains and similar facilities. The amount of the plan-checking fee for grading plans shall be as set by resolution of the City Council. The plan-checking fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between such fee paid for the original permit and the fee shown for the entire project. '(b) Grading Permit Fees. A fee for each grading permit shall be paid to the Building Official as set forth by resolution of the City Council. The fee for a grading permit authorizing addi- tional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. (c) Special Fees. City officers administering this Article may engage the services of geologists, engineering geologists, soils engineers, foresters and landscape architects as they determine-to be-~necessary' to review-gradinglrplans and activities. Cost of such services shall be charged to and paid by the applicant. Sec. 3-40.13. .Bonds.' Every permittee shall be required to post a cash or surety bond with the Building Official in'an amount sufficient to cover the cost of the project, including corrective work necessary to eliminate .any hazardous conditions, to insure that the work-will Be completed strictly in accord with the approved plans and specifications. Each bond shall insure that the permittee shall comply with all the provisions of this Article and all other applicable laws and ordinances, that he will comply with all the terms and conditions of the permit to the satisfaction of the Building Official, and that he will complete the work within the time limits as specified in the permit. In the event of any failure to complete the work or failure to comply with all the conditions and terms of the permit, the Building Official may order the work required 'by the permit to be completed to his satisfaction and the surety shall con- tinue to be firmly hound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the City in causing any and all such work to be dune, including engineering fees and attorney's fees. -g- Sec. 3-4~.14. Grading Criteria. '(A)~ Cut Slopes. Unless otherwise recommended in the appr0ved soil engineering and/or geology report, cuts shall conform to the provisions of this section. Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use, nor steeper than two horizontal to one vertical. Drainage and Terracing. Drainage and terrac- ing shall be provided as required by the Drainage and Terrac- ing.Section. (B) Bill. Slopes. Unless otherwise recommended in the approved soil engineering report, fills shall conform to the provisions of this section. All compacted fills shall be inspected by a licensed civil engineer when required by. the BuiIding Official. . In the absence of an approved soil engineering report these provisions may be waived for minor fills not in- tended to support structures. (C) Fill Location. Fill slopes shall not be constructed on natural Slopes steeper than two to one. (D) preparation of Ground. The ground surface shall.be prepared to receive fill by removing _vegetation, non-complying fill,t_top-sotl and- other ~nsuitable-materials scarifying to .provide a bond with the new fill, and, where slopes are steeper than five to one, and the height is greater than 5 feet, by benching-into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than five.to one shall be at least 10 feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drainshall be provided. Where fill is to be placed over a cut, the bench-under the toe of fill shall be at least 10 feet wide but the cut'must-bemade before placing fill and approved by-the soils engineer and engineering geologist as a suitable foundation for fill. Unsuitable soil is soil which, in the opinion of the Building Official or the civil engineer or the soils engineer or the geologist, is not competent to support other soil. or fill, to support. structures or to satisfactorily perform the other functions for which the soil is intended. (E) FillMaterial. Detrimental amounts of organic material as defined by a soils engineer shall not be permitted in fills. Except as permitted by the Building Official, no rock or similar irreducible material with a maximum dimension greater than 8 inches shall be buried or placed in fills. Exception: -9- The Building Official may permit placement 'of larger rock when soils engineer properly devises a method of placement, continuously inspects its placement and approves the fill. ,, stability. The; following conditions shall also apply:' ~"" ~'-"' ~(1)' ~='Prior- to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan; (2) Rock sizes greater than 8 inches in maximum dimension shall be 10 feet or more below grade, measured vertically. . (3) Rocks shall be placed so as to assure ,.filling. of all voids with fill. All fills shall be compacted 't6 a minimum of 90 percent of maximum density as determined by U.B.C. Standard No. 70~1. Filled density shall be 'determined in accordance with U.B.C. Standard No. 70-2 or eqdivalent. as approved by the Building Official. The 'slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slope~' shall be no steeper than two (2) horizontal toone (1) vertical. Drainage and terracing shall be provided and the -area above fill'slopes and the surfaces of terraces shall be graded and paved as required by the drainage and terracing section. (F) Setbacks. (1) General. The setbacks and other restric- tions specified by thls~"~e'~ion are minimum and may be increased by the Building Official or by the recommendation of a civil engineer, soils engineer or engineering geologist, if necessary for safety and stability or,-to-prevent damage-of adjacent properties from deposition or erosion or to provide access for slope maintenance and drainage. Retaining walls may be used-to reduce the required setbacks when approved by the Building Official.., (2) Setbacks from Pro erty Lines. The tops of cuts and toes of'f'{ll slopes shall ~e set back from the ~outer. boundaires~of the permit area,. including slope right areas and easements, in accordance with Figure No. 1 and Table No. 70-C. (3) Design Standards for Setbacks. Setbacks between graded slopes (cut or fiI1)_and structures shall be provided in accordance with Figure No. 72, Table 70-C. (G) Drainage and TerracinM. (1) General. Unless otherwise indicated on the approved grading p'I~7]rainage facilities and terracing shall conform to the provision of this section., -10 - (2) Terrace. Terraces at least 6 feet in width shall be established At nor more than 30-foot vertical intervals on all cut o= fill slopes to control surface'drainage and debris except that where-only one terrace is required it shall be mid-height. For cut or fill slopes greater than 60' feet and up to 120 feet in vertical height,' one terrace at approximately mid-height shall be 12 feet in width. Terraces widths and spacing for cut and fill slopes greater than 120 feet in height shall be designed by a civil engineer and approved by the Building Official. Suitable access shall be provided to permit proper cleaning and maintenance. Swales or ditches on terraces shall have a minimum gradient of 5 percent and with reinforced concrete not less than 3 inches in thickness, or an approved equal paving. If paved they shall have a minimum depth at the deepest point of 1 foot and a minimum paved width of 5 feet. A single run of swale or ditch shall not collect' runoff from a tributar~ area exceeding 13,500 square feet (projected) without discharging into a down drain. (3) SubsuEface DrainaRe. :Cut and fill slopes d shall be provi ed with subsurface drainage as necessar7 for s tab i!ity. (4) .Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainage- way approved by the Building Official and/or other appropriate jurisdiction as a safe place to deposit such waters. Erosion of ground in the area of discharge shall be prevented by in- stallation of non-erosive downdrains or other devices. Building pads shall have a drainage gradient of 2 percent toward approved drainage facilities, unless waived by the Building-Official..l Exception: = The gradient ~from the= building pad may be one percent if all of the following conditions exist throughout the permit area: (a) No 'proposed fills 'are greater than 10 feet maximum depth. (b) ' No proposed finish cut or fill slope faces have a vertical height in excess of 10 feet. (c) No existing. slope faces, which have a slope face steeper than 10 horizontally to 1 vertically, have a vertical height in excess of 10 feet. (5) Interceptor Drains. Interceptor drains shall be installed along"¥he t'op of all cut slopes where the tributar~ drainage area above slopes towards the cut and has a drainage path greater than 40 feet measured horizontally. At point of interception a non-erodable surface shall be pro- vided. The slope of drain and non-erodable surface shall be approved by the Building 0fftcial. Dr ireways. Unless otherwise~ reco.~.ended in' the approved · soil engineering and/or geology report driveways shall conform to the provisions of this section. Gradient. Maximum driveway gradient shall not .exceed 18 percent ~or more than 50 feet. Construction Standards. ~, (1) Driveways .to structures with less than ra 35 foot setback have no conditions placed on their construc- !tiono i (2) Driveways to structures with more than a [35 foot setback shall comply with the following conditions: (a) 'The driveway must be at ·least 14 feet wide with a-1 foot shoulder on each Side~ (b) The driveway must have minimum curve radius of 42 feet; (c) If the finished surfacing slope is 12.5 percent or less the driveway must have at least a 6-inch aggregate base and a double-coat oil and screening surface; (d) If the finished surfacing slope is 12.5 to 15 percent slope the driveway must have at least a 6 inch aggregate base and a 2 inch asphalt concrete surface; · (e) If the finished surfacing slope is 15 to 18 percent the driveway must have at least a 6 inch aggregate base and a 4 inch rough-surface concrete surface; (f) A turn-around at the end of the. driveway must have at least a 32 foot radius or an equivalent appr0ved bY the Fire Department; (g) Centerline perpendicular to the' right-of-way at the point of their intersection or present a minimum 42 foot effective inside radius to vehicles departing/entering the public street from both s ides. ! (3) All bridges or driveway structures shall' Ibe designed to sustain 35,000 pounds dynamic loading. (I) , Erosion Control. Sloes. The faces of cut and fill slopes 'shall ~.be prepared and ~ined to control against erosion. All cut. and fill surfaces subject to erosion shall be planted with .ground cover which is compatible with the natural ground covers !in the City and which will thrive with little maintenance. Earth -12 - slopes shall be contour graded to encourage landscaping. Cut and fill along public roads may be required to be landscaped to blend into the natural Surroundings. ~ Plants used shall be .at heights which will· not obstruct vehicular sight distances on City streets. Adequate site distance shall be determined by the City-Engineer.' All plant materials shall be satiSfac- tory to the City Planner. The protection of the slopes shall be installed as soon as practicable and prior to calling for final grading approval. When cut slopes are determined by the Building Official not to be subject to erosion due to the erosion resistant character of the materials, p!anting precautions may be Omitted. Where necessary, check dams, cribbing, riprap or other methods shall be employed to control erosion and provide safety. (J) Noise. '. Unless specifically exempted, grading will be restricted to the hours between 7:30 A.M. and 8:00 P.M.,' Monday through Friday, except in the event' of an emergency which imperils the public safety. The Building Official may grant an exemption upon his determination of an emergency. .(K) D_u~t and Dirt Control. Graded~ surfaces shall be wetted or suitably contained to prevent public-nuisance from dust or Spillage on City streets or adjacent properties. Equipment, materials and roadways on the site shall be used in a manner or treated to prevent excessive dust conditions. S. ec. 3-40.15. Stockpiling. If the grading consists only of the depositin and storing of fill material on a site, the Building Offtcta~ issue may a temporary grading permit, to be designated a Stockpiling Permit, permitting the stockpiling of such fill material without complete · The Building .Official shall determine the location, amount and length of time stockpiled material may remain on a site. The BUiiding~Offi~cial~..'shall require a'~cSSh 6ond. from the appli- cant, as a condition precedent to the issuance Of a stock~ling permit, guaranteeing the removal, and/or the ultimate proper compaction in accord with the foregoing. No plan-checking fee shall ~e required for a Stockpiling Permit, save and except at such time as, at the expiration of such stockpiling, the permittee submits plans to obtain a regular grading permit and complete the installation and compaction of said fill material. Sec. 3-40.16. Prior Site Plan ApprOval of Subdivision. Where a site development plan has already been approved by the Advisory Agency under Section 13 of the Subdividion Ordi- nance, and such site development plan has been made a part of -13 - the improvement plans and the improvement agreements and bonding requirements of the Subdivision Ordinance, and the final subdivision map has been approved and recorded, then the sections on Permits Required, Plans and Specifications, Geologic Engineering Reports, and Soils Engineering ReportS,I' and Bonds I~uired in. this Article shall be deemed to have . been compl ~ith as to any excavation or grading 'work done in accord with such previously~approved site development plan. In the event of any change of the site development plan as to any lot, site or parcel from the approved site development plan, then the above sections shall thereafter be applicable and a separate grading plan, grading permit, permit fee, and bond shall be required therefor. Sec. 3-40.17. Special l~ecauttons. If the Building Official determines by inspection thai the nature of the formation is such that further work as authorized by the existing permit is likely'to endanger any property or public way, the Building' Official may aS a condition of work require reasonable safety precautions avoid the likelihood of danger. Such things as flatter exposed slopes, additional drainage facilities, berms, terracing, compaction, cribbing or installation of plant materials for erosion control. If storm damage is anticipated, work may be stopped until temporary planting, structures or other temporary measures have been taken to control erosion and protect adjoining property. Sec. 3-40.18. Grading Inspection. All grading operations for which a permit is required shall be subject to inspection by the Building Official. Where it is found by inspection that the soil or other conditions are not as' stated or shown in the application-for a gr~ading permit, the Building Official may refuse to approve further work until approval· is obtained for a revised grading plan conforming to existing conditionS. Approved plans and permits for grading work shall be maintained at the site during the grading activity and until the work has been approved. Three inspections Will be made. 1. Initial_inspection. When permittee or his'agent is ready to .begin work on excavation or fill and construction stakes-have been set, but no grading begun; 2. Rough Grad]aM - Including stripping, keying, compaction and subsurface drains; 3. Final Inspection. When all work, including 1 insta lation of"all drainage, and other structures and any required planting has been completed. Sec. 3.-40.19. Completion of Work. (a) Final Re orts. Upon completion of the rough grading work and at the ~ihal completion ~of the work the Building Official may require the following reports and supple- ments thereto: -14 - 1. An as-graded plan prepared by the civil engineer including original ground surface elevations, as-graded ground,surface elevations, lot drainage patterns and locations and .elevations of all surface and subsurface drainage 'facilities. He shall provide , approval-that the work was done in accordance with the final approved grading plan. 2. A Soil Grading Report prepared by the soil engineer including locations and elevations of .field density tests, summaries of field and laboratory tests and other substantiating data and comments on any changes made during grading and their effect on the recommendations made in the soil engineering'inves- tigation report. He shaI1 provide approval as to the adequacy of the site for the .intended use. 3. A Geologic Grading RepOrt prepared by the engineering geologist including a final description of the geology of the site including any new informa- tion disclosed during the grading and the effect 'of same on recommendations Linc0rporated in the approved grading plan. He shall provide approval as to the adequacy of the site for the intended use as affected by geologic factors. (b) Notification of Completion. The permittee or his agent shall not'f~y the Building O~icial when the grading operation is ready for final inspection. Final approval shall not be given until all work including installation of all drainage facilities and their protective devices and all erosion control measures have been completed in accordance with the final approved grading plan and the required reports have been submitted. ~e~. 3'-40.20. V,t. olation of Other Ordinances.' The B'uilding Official shall not issue a Grading Permit for any grading as-a building lot or site unless all proposed uses shown on the grading plans for the.'lot or sits will comply with all applicable provisions of both the Zoning Ordinance and Subdivision Ordinance, as amended, of the City, and with all other:,provisions of the Saratoga City Code, nor. unless such grading and the proposed use or uses are consistent with the Saratoga General Plan. Any Grading Permit issued in violation of this section shall be void and of no force and effect. Sec. 3-40.21. Appeal. Any decision of the Building Official in denying a Grading Permit, or in granting a Grading Permit with condi- tions, may be appealed by the applicant as herein set forth. Where the application is for regular grading, the appeal shall be made to the Planning Commission. Where the-application is deemed to require engineered grading, the appeal shall be to the City Council. Appeals shall be made by the filing of a written notice thereof with the Building Official, within fifteen (15) days after the date the decision'appealed from -15 - was made, and no ground 'of appeal not specifically set forth ~n the ·notice may be raised or considered at the time of the '~ hearing on the appeal. Each appeal shall be heard by the · body to whom the appeal is made at the next regular meeting ~· thereof that falls not less than ten (10)·days ~fter the date of filing, and the applicant and the Building Official whose· decision is being appealed shall be given notice of the same by regular 'mail, at least five (5) days prior to the date of hearing. Upon the hearing on appeal, the decision of the Build- ing Official may be sustained, overruled or modified, and the decision on said appeal shall be final and conclusive on all pets onS. Section 4.. Sections 3-42 and 3-42.i of the Saratoga City co~e are hereby re-numbered and amended to read as follows: . Sec.' 3-41. PenAlty for Viol~tion of Articl_e... Any person violating any of the provisions of this Article or of the provisions of the Uniform Building Code incorporated and adopted herein, or any of the regula- tions of the Commission of Housing and Cop~.aunity Development, shall be deemed guilty of a separate' offense for each day or portion thereof during which the violation is committed, continued or permitted, and upon conviction of any such viola- tion, su_cb_person shall be punishable as provided in Section 1-7 0' =~thi%Lcode. Sec. 3-42. Damaging Graded Lands.- It shall be unlawful for any person to directly or indirectly damage or destroy any ground cover, planting, berms, drains,drainage terraces, ditches, swales, riprap, or other drainage structures or erosion controls which are planted or constructed pursuant to this Article or to the provisions of the Uniform Building Code incorporated herein, or in accord with any of the regulations of the Co~am, ission of Housing and Community Development, or pursuant to any site development plan filed in accord with former Section 10 and now Section 13 of the Subdivision Ordinance. of.the City. Section 4. To the extent, if at all, that Division 13 of the Health & Safety Code of the State of California might apply to grading beneath or in conjunction with housing, this Council has heretofore found, and again hereby finds, that to the extent that the above and foregoing grading provisions might constitute any modification or deviation or change from the regulations of the latest adopted Uniform Building Code of the International Conference of Building Officials and/or any regulations from time to time adopted by the Conauisston of Housing and Community Development, such modifications and changes are hereby determined to be reasonably necessary because of local conditions. Such modifications and changes are hereby expressly found to be'needed and necessary, and -16 - this Council has heretofore committed to writing the reasons for such modifications and changes, and for this finding, and the same are presently in writing and on file with the City Clerk Of this City., In the event that Division 13 of the Health & Safety Code of .this State, or any of the pro° visions promulgated or adopted pursuant to it, are applicable to the within Ordinance, then and in that event the City Clerk is hereby directed to file a copy of the aforesaid reasons and findings, together with a copy of this Ordinance, with the Department of Housing and Community Development of the State of California. ~-Section 5. If any section, subsection, sentence, clause or phrase o~ th~s Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not .affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have pased this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, sub- sections, sentences, clauses or phrases be held invalid or unc on st it ut iona 1. Section 6. This Ordinance shall take effect and be in full' ~'6rce and effect thirty (30) days from and after the date of its passage and adoption. The above and foregoing Ordinance was regularIy intro- duced and after the waiting time required by law was thereafter passed and adopted at a regular meeting of the City Council Iof the City of Saratoga held on the ...1 day of March , 1978 by the following vote: AYES: Councilmen Bridges, Brigham, Kraus, Corr & Matte~ni NOES: ~ ~ ~ ~~._///2 ABSENT: ~ 'Deputy City Clerk / "' Dato ~'