Stormwater Management, Grading and Erosion Control
Stormwater Management and Discharge Control Procedure
Chapter 86, Article II, Section 86-31
The intent of this article is to protect and enhance the water quality in the City of Concord's watercourses pursuant to, and consistent with the Porter-Cologne Water Quality Control Act (Water Code section 13000 et seq.) and the Federal Clean Water Act (33 U.S.C section 1251 et seq.).
This article also carries out the conditions in the City's National Pollutant Discharge Elimination System (NPDES) permit that require, effective February 15, 2005, implementation of appropriate source control and site design measures and stormwater treatment measures for projects that create or replace one acre or more of impervious surface, and that effective August 15, 2006, reduce the threshold to projects that create or replace 10,000 square feet or more of impervious surface.
Stormwater control plan required.
Every application for a development project, including but not limited to a rezoning, tentative map, parcel map, conditional use permit, variance, site development permit, design review, or building permit that is subject to the development runoff requirements in the City's NPDES permit shall be accompanied by a stormwater control plan that meets the criteria in the most recent version of the Contra Costa Clean Water Program Stormwater C. 3. Guidebook.
Effective February 15, 2005, this requirement shall apply to:
- All developments that create one acre (43,560 square feet) or more of impervious surface. Excluded from this category is the construction of one single family home, which is not part of a larger plan of development, with appropriate pollutant source control and site design measures, and using landscaping to appropriately treat runoff from roof and house-associated impervious surfaces.
- Streets and road projects that create one acre (43,560 square feet) or more of new impervious surface. Excluded from this category are sidewalks, bicycle lanes, trails, bridge accessories, guardrails, and landscape features.
- Projects on previously developed sites that result in the addition or replacement of a combined total of one acre (43,560 square feet) or more of impervious surface. Excluded from this category are interior remodels and routine maintenance or repair. Excluded routine maintenance and repair includes roof or exterior surface replacement, pavement resurfacing, repaving and road pavement structural section rehabilitation within the existing footprint, and any other reconstruction work within a public street or road right-of-way where both sides of that right-of- way are developed.
Effective August 15, 2006, this requirement shall apply to:
- All developments that create 10,000 square feet or more of impervious surface. Excluded from this category is the construction of one single family home, which is not part of a larger plan of development, with appropriate pollutant source control and site design measures, and using landscaping to appropriate treat runoff from roof and house-associated impervious surfaces.
- Streets and road projects that create 10,000 square feet or more of new impervious surface. Excluded from this category are sidewalks, bicycle lanes, trails, bridge accessories, guardrails, and landscape features.
- Projects on previously developed sites that result in the addition or replacement of a combined total of 10,000 square feet or more of impervious surface. Excluded from this category are interior remodels and routine maintenance or repair. Excluded routine maintenance and repair includes roof or exterior surface replacement, pavement resurfacing, repaving and road pavement structural section rehabilitation within the existing footprint, and any other reconstruction work within a public street or road right- of-way where both sides of that right-of-way are developed.
Subsections (a) and (a) shall be interpreted in a manner that is consistent with the development runoff requirements and exclusions in the City's NPDES permit.
- Implementation of an approved stormwater control plan and submittal of an approved stormwater control operation and maintenance plan by the applicant shall be a condition precedent to the issuance of a certificate of occupancy for a project subject to this section.
- All stormwater management facilities shall be designed in a manner to minimize the need for maintenance and reduce the chances of failure. Design guidelines are outlined in the Guidebook.
- All stormwater management facilities shall be maintained according to the Guidebook and the approved stormwater control maintenance plan. The person(s) or organization(s) responsible for maintenance shall be designated in the plan. Unless a different time period is provided for in the plan, those responsible for maintenance shall inspect the stormwater management facility at least annually. The plan shall also describe how the maintenance costs shall be funded. Upon the failure of a responsible person to maintain a stormwater management facility in accordance with this article or the plan, the City may perform the maintenance and recover its costs from the responsible person as provided in sections 86-47 and 86-48.
- For access to stormwater management facilities for inspections and maintenance, recorded covenants or easements shall be provided by the property owner for access by the City, the Contra Costa Mosquito and Vector Control District, and the Regional Water Quality Control Board.
- The release of non-stormwater discharges to the City stormwater system is prohibited.
- The discharge of stormwater from premises or an activity that causes or contributes to a violation of receiving water limitations in the City's NPDES permit is prohibited.
The following discharges are exempt from the prohibition set forth in subsection (a) above:
- Any discharge in compliance with a NPDES permit issued to the discharger.
- Flows from riparian habitats and wetlands, diverted stream flows, springs, rising groundwater and uncontaminated groundwater infiltration.
- The following discharges are exempt from the prohibitions set forth subsection (a) above if the Regional Water Quality Control Board approves the exempted category under section C. 11. of the City's NPDES permit: uncontaminated pumped groundwater, foundation drains, water from crawl space pumps, footing drains, air conditioning condensate, irrigation water, landscape irrigation, lawn or garden watering, planned and unplanned discharges from potable water sources, water line and hydrant flushing, individual residential car washing, discharges or flows from emergency fire fighting activities, and dechlorinated swimming pool discharges.
Discharge in Violation of NPDES Permit
Any discharge that would result in or contribute to a violation of the City's NPDES permit either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person causing or responsible for the discharge, and such person shall defend, indemnify and hold harmless the City in any administrative or judicial enforcement action relating to such discharge.
Unlawful Discharge and Unlawful Connections
- It is unlawful to establish, use, maintain or continue unauthorized drainage connections to the City's stormwater system, and to commence or continue any unauthorized discharges to the City's stormwater system.
- No discharge shall cause the following conditions, create a nuisance or adversely affect beneficial uses of waters of the State:
- Floating, suspended or deposited macroscopic matter or foam;
- Bottom deposits or aquatic growth;
- Alterations of temperature, sediment load, nutrient load, or dissolved oxygen, which cause significant adverse impacts to native aquatic biota;
- Visible, floating, suspended or deposited oil or products of petroleum origin; or,
- Substances present in concentrations or quantities which cause deleterious effects on aquatic biota, wildlife or waterfowl, or which render any of these unfit for human consumption
Best Management Practices and Standards (BMP)
- Generally. Any person owning or operating premises that may contribute pollutants to the City's stormwater system shall undertake all practicable best management practices to reduce the potential for pollutants entering the system. Examples of such premises include, but are not limited to, parking lots, gasoline stations, industrial facilities, and other commercial enterprises.
- Litter. No person shall throw, deposit, leave, keep or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage or other discarded or abandoned objects, articles or other litter in or upon any street, alley, sidewalk, gutter, business place, creek, stormwater system, fountain, pool, lake, stream, river or any other body of water, or upon any public or private parcel of land so that the same might become a pollutant, except in containers or in lawfully established waste disposal facilities.
- Sidewalks. The owner or occupant of any real property in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from the sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained as required for the disposal of solid waste.
- Parking Lots, Paved Areas and Related Stormwater Systems. Persons owning, operating or maintaining a paved parking lot, the paved areas of a gasoline station, a paved private street or road, and related stormwater systems shall clean those premises as frequently and thoroughly as practicable in a manner that does not result in the discharge of pollutants to the City's stormwater system.
- Construction Activities. All construction shall conform to the requirements of the CASQA Stormwater Best Management Practices Handbooks for Construction Activities and New Development and Redevelopment, the ABAG Manual of Standards for Erosion & Sediment Control Measures, the City's grading and erosion control ordinance and other generally accepted engineering practices for erosion control as required by the Director when undertaking construction activities. The Director may establish controls on the rate of stormwater runoff from new developments and redevelopment as may be appropriate to minimize the discharge and transport of pollutants.
- Notification of Intent and Compliance with General Permits. Each discharger associated with construction activity or other discharger described in any general stormwater permit addressing discharges, as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board, San Francisco Bay Region, shall provide the Director with the notice of intent, comply with and undertake all other activities required by any general stormwater permit applicable to such dischargers. Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by the permit.
- Development Runoff Requirements. For each new development and redevelopment project subject to the development runoff requirements, every applicant shall submit a stormwater control plan and implement conditions of approval that reduce stormwater pollutant discharges through the construction, operation and maintenance of treatment measures and other appropriate source control and site design measures. Similarly, increases in runoff volume and flows shall be managed in accordance with the development runoff requirements.
- Compliance with Best Management Practices. Where best management practices guidelines or requirements have been adopted by any federal, state, regional, city or county agency, for any activity, or operation of premises which may cause or contribute to non-stormwater discharges, every person undertaking such activity, operation or owning and operating such premises shall comply with such guidelines or requirements.
- Stormwater Pollution Prevention Plan. The Director may require any business or utility in the City that is engaged in activities that may result in non-stormwater discharges or runoff pollutants to develop and implement a stormwater pollution prevention plan, which must include an employee training program. Business activities which may require a stormwater pollution prevention plan include maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading, fueling, vehicle maintenance, food handling or processing, or cleanup procedures, which is carried out partially or wholly out of doors.
- Coordination with Hazardous Material Release Response and Inventory Plans. Any business subject to the Hazardous Material Release Response and Inventory Plan, Division 20, chapter 6.95 of the California Health and Safety Code (commencing with section 25500), shall include, in that Plan, provision for compliance with this article, including the prohibitions of non- stormwater discharges and the requirement to reduce release of pollutants to the maximum extent practicable.
Compliance Certificates for Stormwater Management Facilities; Financing Mechanisms
- Every person who owns, leases or operates any premises containing a stormwater management facility or facilities is required to obtain annually a valid operation and maintenance certificate of compliance certifying to the inspection of and the proper operation and maintenance of the treatment measures and other appropriate source control and site design measures. Each responsible person subject to this requirement shall request an inspection from the City every twelve (12) months. Upon the filing of such request, and the payment of a fee covering the cost of inspection, the City shall inspect the property and shall (l) either issue such certificate upon a determination by the inspector that all treatment measures and other appropriate source control and site design measures have been properly maintained and are in good condition, or (2) issue a conditional certificate noting deficiencies that must be corrected within a time indicated on the certificate, or deny the certificate. A certificate shall be valid for one year from the date of issuance. The City Council may by resolution establish the fee for the inspection and certificate.
- In lieu of a City inspection, and at the City's option, such person may arrange for an inspection from a private company authorized to conduct inspections by the City. Such company shall use a City-approved inspection form that shall be executed under penalty of perjury. Should such inspection form establish that the treatment measures and other appropriate source control and site design measures have been properly maintained and are in good condition, the City may issue an operation and maintenance certificate of compliance or the City may at its cost re-inspect the property and proceed as described in subsection (a). The filing of a false inspection report shall be a misdemeanor.
- As an alternative to subsections (a) and (b), the City may require an applicant seeking approval of a development project to establish a benefit assessment district or other appropriate financing mechanism to fund compliance with the requirements of this article, including but not limited to inspections, maintenance, monitoring, and reporting activities, as well as capital replacement costs for stormwater management facilities. Any such financing mechanism shall provide for annual adjustments as necessary to cover increased costs due to inflation, as determined appropriate by the Director.
Authority to Inspect
- Generally. Routine or scheduled inspections shall be based upon as reasonable a selection process as may be deemed necessary to carry out the intent of this article, including, but not limited to, random sampling or sampling in areas with evidence of stormwater contamination, evidence of the discharge of non-stormwater to the stormwater system, or similar activities. Inspections may also be conducted in conjunction with routine or scheduled inspections conducted by other public agencies or special district, including but not limited to the Central Contra Costa Sanitary District, the Contra Costa County Fire Protection District, County Environmental Health Department, the Contra Costa Mosquito and Vector Control District, or the Regional Water Quality Control Board.
- Authority to Sample and Establish Sampling Devices. With the consent of the owner or occupant, or pursuant to a search or inspection warrant, any Officer may establish on any property such devices as are necessary to conduct sampling or metering operations. During all authorized inspections, the Officer may take any sample deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on site.
Notification of Spills. All persons in charge of the premises or responsible for emergency response for the premises have a responsibility to train premises' personnel and maintain notification procedures to ensure that immediate notification is provided to the City of any suspected, confirmed or unconfirmed release of pollutants creating a risk of non-stormwater discharge into the City stormwater system.
As soon as any person in charge of the premises or responsible for emergency response for the premises has knowledge of any suspected, confirmed or unconfirmed release of non-stormwater discharge entering the City stormwater system, such person shall take all necessary steps to ensure the detection and containment and clean up of such release and shall notify the City of the occurrence by telephoning the Director. This notification requirement is in addition to and not in lieu of other required notifications.
- Requirement to Test or Monitor. Any Officer may require that any person engaged in any activity or owning or operating any premises that may cause or contribute to non-stormwater discharges, undertake such monitoring activities or analysis and furnish such reports as the Officer may specify. The burden, including costs of these activities, analysis and reports shall bear a reasonable relationship to the need for the monitoring, analysis and reports and the benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analysis and reports required.
Grading, Erosion and Sediment Control Intent and purpose; general provisions
Chapter 86, Article III, Section 86-71
- Intent. The intent of this article is to protect life, limb, and property, promote and enhance the public welfare and a superior community environment, and preserve the natural scenic character of the city by establishing applicable standards, requirements, and procedures relating to grading, erosion, and sedimentation control.
Purpose. The purpose of this article is to ensure that grading is conducted:
- In a manner with least adverse effect upon persons and properties; and
- In conformance with applicable standards, requirements, and procedures.
- Scope. This article sets forth rules and regulations to control grading, erosion, and sedimentation, and to establish the administrative procedures and requirements for the preparation, review, and approval of grading plans, issuance of grading permits, and inspection of grading.
Prohibited acts. The following are prohibited:
- Grading without a permit from the City Engineer, except as provided for in section 86-73(b) (emergency grading) and section 86- 73(c) (exceptions to permit requirements);
Grading that will:
- Cause erosion or sediment onto adjacent property or on public streets; or
- Obstruct or otherwise interfere with drainage, or deposit sediment in natural or artificial drainage facilities; or
- Alter drainage facilities or courses without first obtaining a grading permit.
- Activities not in compliance with best management practices (BMPs).
- Administration and enforcement. The City Engineer shall administer and enforce the provisions of this article.
Grading permit; reports; surety bond; erosion control measures
- Grading permit required. Except as provided in subsection (b) of this section (emergency grading), and subsection (c) of this section (exceptions to permit requirements), no person shall perform or cause any grading without a grading permit.
- Emergency grading. Grading of an emergency nature to safeguard life or property may be undertaken prior to the issuance of a grading permit. The City Engineer shall be notified within 48 hours of the commencement of emergency work, unless such work is exempted in accordance with the provisions of subsection (c) of this section (exceptions to permit requirements). The grading permit shall be obtained no later than 14 calendar days after the commencement of the emergency work.
Exceptions from grading permit. A grading permit may be waived when in the opinion of the City Engineer one or more of the following conditions apply:
The excavation or fill at any location:
- Is less than five feet deep and adequately supported by a retaining structure designed in accordance with the adopted Uniform Building Code; and
- Does not create a slope steeper than two horizontal to one vertical.
The volume of excavation or fill does not exceed 50 cubic yards, provided:
- The excavation or fill does not obstruct a drainage course or alter existing drainage patterns, and does not add pollutants to the storm drain system, creeks, or other waterways; or
- The excavation or fill is less than five feet at its deepest point, measured vertically upward from natural grade to the surface; or
- The fill is not intended to support structures; or
- The fill is placed on natural grade that has a slope not steeper than five horizontal to one vertical; or
- The proposed grading or resulting grades will not adversely impact abutting properties.
- Minor land leveling for agricultural farming and gardening if the ground elevation stays substantially the same and the drainage pattern is not altered.
- Cemetery graves.
- An excavation below finished grade for basements and footings of structures authorized by a valid building permit.
- The trench excavations authorized by a valid permit for the purpose of installing underground utilities, if to be backfilled to natural or existing grade.
- Grading in refuse disposal areas and sanitary landfills, mining, quarrying, processing or stockpiling of rock, sand, gravel, aggregate, or clay, for which a development permit has been granted, provided:
- Such operations do not affect the lateral support or increase the stresses in, or pressure upon, any adjacent or contiguous property; and
- Such operations are consistent with the grading practices set forth herein; and
- The work does not block or divert any natural drainageway or increase runoff or sedimentation onto any adjacent or contiguous property.
- Grading is conducted by an agency of the federal government, the state government, or the city.
- Stockpiles of topsoil materials are not placed within a public right-of-way, do not obstruct drainageways, are not subject to erosion, do not endanger other properties, and do not create a public nuisance or safety hazard. The land shall be restored to its original condition after removal of stockpiles.
- Construction of fire trails, access roads to public utilities, and gas and electric transmission lines provided the drainage pattern remains the same.
Clearing of vegetation when all of the following conditions are met:
- The slope of the ground is less than 15 percent; and
- The area to be cleared is one acre or less; and
- Clearing is more than 100 feet away from the top bank of a watercourse or other water body; and
- Clearing will not result in erosion.
- Construction of water wells.
- Construction of test trenches, pits, and bores within private property under the supervision of a professional such as civil engineer or engineering geologist, provided the drainage pattern remains the same.
- Placement of fill above existing grade, which will be retained by the exterior wall of a building, a retaining wall, swimming pool, or other structure authorized by a valid building permit, when the existing and finished ground slope is less than 15 percent.
- Grading within a street to conform to elevations approved by the City Engineer and for which a permit has been issued under the provisions of chapter 90, article VII (Street Encroachments) of this Code.
- The excavation or fill at any location:
Application for grading permit. The application for a grading permit shall include but not be limited to the following:
- Completed grading permit application form provided by the City Engineer; and
- Vicinity map, site map and grading plan; and
- Interim erosion and sediment control plan; and
- Final erosion and sedimentation control plan when required by the City Engineer; and
- Soil report when required by the City Engineer; and
- Geologic report when required by the City Engineer; and
- Proposed work schedule; and
- Fee for review of the application in accordance with the current Resolution of Fees and Charges; and
- A landscape addendum to the erosion and sediment control plan by a licensed landscape architect when required by the Chief of Planning; and
- Copies of the notice of intent (NOI) and stormwater pollution prevention plan (SWPPP) when required by state law; and
- Such other items as may be required by the City Engineer.
- Grading plan. The grading plan shall conform to the guideline(s) provided by the City Engineer. The grading plan shall be prepared, stamped, and signed by a civil engineer, and shall be subject to review and approval by the City Engineer.
Issuance or denial of grading permit; conditions and limitations. Upon receiving an application for a grading permit along with the required submittals, posting of surety as required, and payment of fees, the City Engineer will review the application and related documents. Applications may be approved, conditionally approved, or denied.
- Issuance. When the application is in accordance with the requirements by this article, the City Engineer shall issue a grading permit, attaching such conditions as it may deem necessary to ensure compliance with this article. The permittee shall perform the work in accordance with the approved plans and in compliance with all the requirements of this article. The permittee shall keep informed of all state and federal laws, local ordinances, and regulations which in any manner affect the permit. The permittee shall at all times comply with and shall cause all his agents and employees to comply with all such laws, ordinances, regulations, decisions, and court and similar authoritative orders.
Denial. If the application is in conflict with the provisions of this article, the City Engineer shall deny the permit in writing, giving the reasons for the denial. A grading permit may be denied if the applicant fails to furnish information or secure other permits that may be required by the city or agencies of the federal or state government or other agencies.
- Term. The permittee shall diligently perform and complete the work by the completion date. Unless an extension is granted, the permit shall expire on the date following the specified completion date.
- Extension of time. The permittee may request an extension of time prior to the expiration of the permit. The request shall be in writing and shall set forth the reasons for the request. The request shall be accompanied by a new filing fee and a written consent by the surety company. If in the opinion of the City Engineer such an extension is warranted, the City Engineer may grant an extension, adding such conditions to ensure compliance with this article.
Permit conditions. The City Engineer may impose any condition to ensure compliance with the provisions of this article and other applicable laws and regulations. Such conditions may include, but not be limited to:
- Requirements for fencing around excavations or fills which otherwise would be hazardous and drip lines of trees to be preserved; and/or
- Completion of the work within a specified period; and/or
- Compliance with best management practices (BMPs); and/or
- Provisions for dust control; and/or
- Construction of stabilized ingress and egress; and/or
- Hours of operations; and/or
- Designation of route and time of travel over streets. A surety bond, or other acceptable security, may be required, if deemed necessary by the City Engineer, to secure the repair of improvements that may be damaged by the permittee; and/or
- The installation of barricades and barricade lighting; and/or
- Designation of the disposal site for any material removed from the grading site.
- Copy of plans and permit to be kept at job site. When an application is approved and a permit issued, one set of approved plans shall be returned to the permittee. The approved plans and permit shall be kept available for reference at the job site.
- Changes in permit or work. No work shall deviate from the approved plans without prior written approval by the City Engineer. The City Engineer may require the submittal of a revised plan prior to approving any proposed change. Additional fees shall be charged for reviewing plan revisions. Failure to obtain prior approval for any change in the work may be grounds for suspension of work.
- Assignment of transfer of permit. A permit shall be issued only to the applicant and may not be assigned to another person or entity. If a permittee assigns or transfers its permit to another person or entity, the permit shall become void. If an applicant applies for a permit for grading work for which a prior permit was issued, the applicant shall pay a filing fee as set forth in the Resolution of Fees and Charges for Various Municipal Services. No other fee will be charged in addition to the fees for the prior permit unless additional plan review is required due to plan changes.
Suspension or revocation of grading permit.
- Suspension of permit and work. If the permittee fails to comply with the permit conditions or the provisions of this article, the City Engineer may suspend the permit. If the City Engineer determines that work will potentially cause injuries to persons or damage to properties or improvements, the City Engineer shall suspend the work. Upon notice of such suspension, the permittee shall immediately cease all work except for work required by the City Engineer to eliminate hazardous conditions or nuisances. The City Engineer may reinstate or revoke suspended permits.
- Revocation of permit. The City Engineer may in writing revoke a permit issued under the provisions of this article whenever the permit is issued in error or on the basis of incorrect information or in violation of any ordinance or regulation. The permit may also be revoked due to noncompliance with the permit conditions, the provisions of this article, or other applicable laws and regulations, or whenever the permittee has defaulted in performing any work under the terms of the posted bond. Once the permit is revoked, work shall not commence until a new application is filed and a new permit issued.
- Procedure. Upon determination that grounds for revocation of a grading permit exist, the City Engineer may conduct a hearing. If a hearing is conducted, a written notice shall be sent separately to the permittee and to the surety, stating the time and place for the hearing and the grounds for revocation. The notice shall be given at least five days before the hearing, and it shall be served personally or by deposit in the United States mail with postage fully prepaid, addressed to the permittee and surety at the mailing address shown in the application and in the surety instrument. Within 30 days of the conclusion of the hearing, the City Engineer shall make his findings and decision and file same in his office and shall serve a copy thereof separately upon the permittee and its surety in the manner provided above for service of notice of hearing.
Geologic report. The City Engineer may require a geologic report prior to approval of a grading permit. A geologic report when required by the City Engineer shall be based on adequate and necessary test borings and shall contain and not be limited to the following information:
- An adequate description of the geology of the site, including delineating any hazard of surface fault trace or rupture; and
- Conclusions and recommendations regarding the effect of geologic conditions on the proposed development; and
- Recommendations and conclusions regarding the adequacy of site(s) to be developed by the proposed grading; and
- Any other information required by the City Engineer.
- Authority to require geotechnical/soil report. The City Engineer may require a geotechnical/soil report identifying the presence of critically expansive soil.
Contents of geotechnical/soil report. A geotechnical/soil report, prepared by a civil engineer or engineering geologist, based upon adequate test pits or trenches, shall contain but not be limited to the following:
- Description of any critically expansive soil or any other soil problem(s) present at the site; and
- An investigation of each site, including recommended corrective actions which will prevent structural damage to buildings, structures, and improvements to be constructed; and
- A geologic map and description of geologic formations and structures significant to the safety and performance of improvements; and
- Faults, existing active or inactive landslides, and areas subject to earthquake ground failure such as liquefaction; and
- "R" values necessary to determine the suitability of the earth material for any improvements; and
- Recommendations for construction procedures to obtain required stability; and
- Any other unstable soil conditions to ensure proper development of the site; and
- Recommendations for corrective actions at locations where land stability problems exist; and
- The signature and registration number of the civil engineer or engineering geologist preparing the report.
- Review of reports. All reports shall be subject to review by the City Engineer. Supplemental reports and data may be required as deemed necessary. Recommendations included in the reports and approved by the City Engineer shall be incorporated in the grading plan.
- Fees. The applicant shall pay the fees set forth in the Resolution of Fees and Charges for Various Municipal Services.
- Refund of fees. Filing fees are nonrefundable.
Required. If the City Engineer determines that the proposed grading, if left incomplete, will interfere with any drainage or will endanger persons or any property, or will constitute a nuisance, the applicant shall post a surety bond secured by:
- A corporate surety bond executed by a surety company authorized to transact business in the state; or
- A cash deposit or its equivalent; or
- An instrument of credit filed with the city, from a financial institution subject to regulation by the state or the federal government, pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment upon demand and agreeing that the funds designated by the instrument shall be trust funds for the purposes set forth in the instrument. The form of surety bond will be subject to the approval of the City Engineer and City Attorney.
- Amount. The amount of the surety bond shall be based upon the estimated cost to the city to complete the grading or perform work to eliminate drainage obstruction, hazard, or nuisance and shall include the cost of interim and permanent erosion control measures if deemed necessary by the City Engineer. If the grading permit requires an erosion and sediment control plan, the surety shall include a cash deposit in an amount equal to the estimated cost of the proposed erosion and sediment control measures but not to exceed $10,000.00. The estimated cost of the proposed erosion and sediment control measures shall be subject to review and approval by the City Engineer.
Conditions. Among other appropriate provisions, every surety bond shall include the following conditions to which the principal and surety shall each be bound:
- Comply with the applicable provisions of this article and all other applicable laws, ordinances, rules, and regulations; and
- Comply with all of the terms and conditions of the permit to the satisfaction of the City Engineer; and
- Complete the work proposed under the permit within the time specified in the permit. The City Engineer may for sufficient cause, extend the time specified in the permit. Such extension shall not release the surety; and
- Pay all reasonable costs incurred or expended by the city, including but not limited to court costs and attorney's fees, in doing or causing to be done any of the work set forth in the permit, any other work which in the judgment of the City Engineer is required to be done as a result of any work or activity done under the permit, or any abatement of any nuisance created by any work or activity done under the permit, or in collecting money or damages in connection with any of the foregoing.
- Term. The term of the surety bond shall begin on the date of its posting and shall end upon satisfactory completion of the terms and conditions of the permit. Completion shall be evidenced by a certificate of completion to be issued by the City Engineer and filed with the records of the permit.
- Notice of default. Whenever the permittee defaults in performing any term or condition of the permit, the City Engineer shall give written notice thereof separately to the permittee and surety. The notice shall state the work to be done to cure the default, its estimated cost, and the starting and completion dates of the work. The notice shall be served personally or by deposit in the United States mail in a sealed envelope, with postage fully prepaid, addressed to the permittee and surety at the mailing address, or, if there is no mailing address, the business address, shown in the application or in the surety, as the case may be.
- Duty of surety. Upon service of the notice of default, the surety shall perform or cause the completion of the work within the time prescribed in the notice.
- Disposition of cash surety. If the permittee fails to perform the work within the time prescribed in the notice, the City Engineer may use the cash deposit, its equivalent, or instrument of credit to complete the work.
- Right of entry. In the event of a default in the performance of any term or condition of the permit, the surety or the City Engineer or their designees shall have the right to enter into the premises to complete the work. It shall be unlawful for any person in any way to hinder, obstruct, or prevent such entry.
- Interference prohibited. No person shall interfere with, obstruct, hinder, or prevent the ingress or egress to or from any such premises by which an authorized representative or agent of any surety or of the city is engaged in completing the work required under the permit, checking on compliance of the work with the terms or conditions of the permit and the provisions of this article, or taking emergency actions for the protection of the public and abutting properties.
- Required. If the City Engineer determines that the proposed grading, if left incomplete, will interfere with any drainage or will endanger persons or any property, or will constitute a nuisance, the applicant shall post a surety bond secured by:
Erosion control measures. Erosion control measures shall be fully operational prior to the beginning of the rainy season and maintained through the rainy season. Erosion control measures shall include, but not be limited to, the following:
- The current Manual of Standards for Erosion and Sediment Control Measures and California Stormwater Best Management Practices Handbooks shall be used as applicable for the design and suitability of erosion and sediment control measures;
- After each rainfall, the permittee shall inspect all erosion and sediment control devices and shall clean them and repair any damage.
Erosion and sediment control plan.
- An erosion and sediment control plan shall be submitted with the grading plan unless waived in writing by the City Engineer.
- The final erosion and sediment control plan shall, through the use of permanent control features, minimize soil erosion and maximize sediment interception from the completed project site and shall also provide for the control of runoff from the site.
- The interim and final erosion and sediment control plans shall conform to the guidelines provided by the City Engineer.
- The interim and final erosion and sedimentation control plans shall be prepared by a civil engineer in accordance with the latest edition of the Manual of Standards for Erosion and Sediment Control Measures by ABAG and provisions of the California Stormwater Best Management Practices Handbooks, for both temporary and permanent erosion control measures.
- An interim erosion and sediment control plan is required prior to each rainy season for a staged project or a project that may not be completed before October 15. The permittee shall submit plans for review and secure approval no later than September 1 and install all erosion and sediment control measures no later than October 15. Such interim erosion and sediment control plan shall clearly show all erosion control measures for the rainy season
Control of work; standards for work
- Inspection of grading work and right of entry. The City Engineer shall have the right to enter the site at all times to verify compliance with permit conditions and inspect the work as deemed necessary.
- Protection of adjacent property.
- No grading shall be performed close to a property line that may cause damage to properties or improvements, or cause injuries to persons, or create a nuisance or hazard or an unlawful encroachment on other properties.
- Whenever any portion of the work requires entry onto an adjacent property for any reason, the permittee 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 work may be issued.
- Obstructing watercourse. No person shall obstruct, impede, or interfere with an existing watercourse whether improved or unimproved unless permitted by the city.
- Compliance with laws. The permittee shall comply with all applicable laws, ordinances, and regulations.
- Cessation of work. If the permittee ceases work before the work is completed, all necessary steps shall be taken to leave the premises in a condition that will not cause damage to properties, natural or artificial drainage facilities, or improvements and will not cause injury to persons.
- Conflicts with Uniform Building Code. In the event of conflict between this article and the section entitled "Grading and Excavation Chapter" in the adopted Uniform Building Code, this article shall take precedence.
- Liability for injury or damage. The permittee shall be responsible for all liability imposed by law for personal injury or property damage proximately caused by work permitted and done by the permittee under permit or proximately caused by failure on the permittee's part to perform its obligations under said permit in respect to maintenance. If any claim of such liability is made against the city, its officers, or employees, the permittee shall defend, indemnify, and hold them, and each of them, harmless from such claim insofar as permitted by law.
Reference: (see outside agencies)