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HomeMy WebLinkAboutOrdinance - 2380 - Amend Title 16.0 e e ORDINANCE NO. 2380 AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 16 (BUILDINGS AND CONSTRUCTION, CHAPTER 16.12 (CLEARING, GRADING, FILLS, AND EXCAVATION), BY AMENDING SECTIONS 16.12.010 THROUGH 16.12.260, EXCLUSIVE OF SECTION 16.12.170 AND REPEALING SECTION 16.12.270 AND SECTION 16.12.280. WHEREAS, the city engineer for the City of Redding is charged with safeguarding life, health, property, the environment, and the public welfare by establishing minimum requirements for grading, clearing, and erosion and sediment control; and WHEREAS, for the health, safety and welfare of the citizenry, periodic updates to the Redding Municipal Code are required to ensure the most current standards of construction are being utilized. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Title 16, Chapter 16.12, Sections 16.12.010 through 16.12.260 are hereby amended by amending those sections to read as follows: 16.12.010 Purpose. The purpose of this chapter is to safeguard life, health, property, the environment, and the public welfare by establishing minimum requirements for grading, clearing, and erosion and sediment control. 16.12.020 Scope. A. This chapter sets forth rules and regulations to control clearing and grading (which includes stockpiling of material as defined below); prevent erosion and sedimentation and other environmental damage; establish administrative procedures for issuance of permits; and provide for the approval of plans and inspection of grading, clearing, and erosion- and sediment-control operations. B. The provisions of this chapter shall not be construed as waiving any requirements imposed by State, federal, or other local statutes or regulations or other provisions of this code. C. This chapter shall be known as the "Grading Ordinance," may be cited as such, and will be referred to herein as "this chapter." D. If any part of this chapter is found to be invalid, the remainder of this chapter shall remain in full force and effect. ~ (;j ~ Grading Ordinance 12-19-06 E. The City Engineerehis/her designee is authorized to ad~ster the provisions of this chapter. Unless otherwise specifically specified in this chapter, the approval of, or any action by, the city shall mean the approval of, or action by, the City Engineer or his/her designee. 16.12.030 Exemptions. The provisions of this chapter shall not apply to: A. Work accomplished upon land owned and controlled by the United States of America or by the state and which is performed pursuant to a public program of some agency thereof; B. Any excavation, removal, fill, or deposit of any earth or other materials within a property which is dedicated or used or to be used for cemetery purposes; provided that such work is performed for burying the dead and does not affect the lateral support or increase the stresses in or pressure upon any adj acent or contiguous property not owned by the cemetery authority; C. Any grading or clearing operation which is conducted during a period of civil emergency or natural disaster and which is directly connected with or related to relief of conditions caused by such emergency or disaster; D. The depositing of rubbish or other material at any reclamation or rubbish disposal site operated by the City and grading work performed as part of such operation; E. Any work done in City streets, sidewalks, alleys, parkways, or easements by the City or pursuant to an encroachment permit issued under provisions of Title 13 "Streets and Sidewalks" of this code; F. Excavations for utilities installed pursuant to permits issued by the Building Division; G. Reconstruction of paved parking lots that do not alter the existing drainage pattern; H. Grading, clearing, and the placement of topsoil for landscape purposes on a developed single-family residential parcel which is less than 1 acre, except as otherwise regulated by Chapter 13.40, Trees and Shrubs, and Chapter 16.12.050, Permit Required. 16.12.040 Definitions. As used in this chapter, unless the context otherwise clearly indicates: "Abandon" means not actively working on the project and unable to be contacted or is unwilling to return to the project after reasonable notice. "Architect" means a professional architect licensed by the State pursuant to Chapter 3 of Division 3 of the Business and Professions Code. "As-graded" means the surface conditions existing on completion of grading. "Bench" means a relatively level step excavated into earth material on which fill is to be placed. Grading Ordinance 2 12-19-06 "Best Management Practice is a technique or series of measures wa, when used in an erosion- and sediment-control plan, is proven to be effective in controlling construction-related runoff, erosion, and sedimentation and to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm-drain system and waters of the United States. "Board" means the State Board of Registration for Professional Engineers and Land Surveyors. "Borrow" is earth material acquired from an off-site location for use in grading on a site. "Civil engineer" means a professional engineer registered by the State of California to practice in the field of civil engineering. "Clearing" means the removal or destruction of vegetation or trees. "Code" means the Redding Municipal Code. "Compaction" means the densification of a fill by mechanical means. "Declaration" means a written statement expressing the professional opinion of the civil engineer, soils engineer, or engineering geologist for that portion of the grading work under their control. "Earth material" means any rock, natural soil, or fill and/or any combination thereof. "Engineering geologist" means a geologist registered by the State of California as a certified engineering geologist experienced and knowledgeable in engineering geology. "Erosion" means the wearing away ofthe ground surface as a result ofthe movement of wind, water, and/or ice. "Excavation" means any act by which earth material is cut into, dug, removed, displaced, orrelocated and shall include the conditions resulting therefrom. "Existing grade" means the grade prior to the proposed grading. "Fill" means any act by which earth material is deposited and includes the condition resulting therefrom. "Final erosion- and sediment-control plan (final plan)" means a set of Best Management Practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a particular site after all other planned final structures and permanent improvements have been erected or installed. May include, but is not limited to, public and private streets, utilities, and storm-drain systems. "Finish grade" means the final grade of the site which conforms to the approved plan. "Grade" means the vertical location of the ground surface. "Grading" means any excavation or fill or stockpiling of material or combination thereof and shall include the conditions resulting from any excavation or fill. Grading Ordinance 3 12-19-06 "Interim Erosion and Sed.nt Control Plan" (interim plan) meaA set of Best Management Practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a particular site during the period in which preconstruction- and construction-related land disturbances, fills, and soil storage occur and before final improvements are completed. "Key" means a designed, compacted fill placed in a trench excavated in existing earth or previously graded material beneath the toe of a proposed fill slope. "Property owner" as used in this chapter means the owner of the fee title or leasehold interest in real property who has the present rights to possession and control of the property. "Rainy season" means that period between the 15th day of October and the following 15th day of April, which is found and determined to be the period in which heavy rainfall normally occurs in the City. "Reasonable notice" means written, telephone, or verbal notice and includes attempts to notify by mail or telephone, even if actual contact was not made. "Rough grade" means the stage at which the grade approximately conforms to the approved plan. "Site" means 1 or more contiguous lots or parcels ofland under the same ownership, whether or not separated by a street or streets. "Slope" means an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance, i.e., commonly expressed as 2: 1, 1: 1, and 1.5: 1, etc. "Soil" means the naturally occurring superficial deposits overlaying bedrock or hardpan. "Soils engineer" means a civil engineer registered by the State of California who has been found qualified as a soils engineer according to the rules and regulations established therefor by the board. "Terrace" means a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. "Tree" means any plant which has a trunk 6 inches or greater in diameter at 4 feet above the ground. "Vegetation" means all plants less than 6 inches in diameter at 4 feet above the ground, including, without limitation, underbrush, weeds, grasses, shrubs, plants, etc. "Watercourse" means any well-defined channel with distinguishable bed and bank showing evidence of having contained flowing water indicated by deposit of rock, sand, gravel, or soil, including, but not limited to, streams as defined in Public Resources Section 4528(f). "Watercourse" also includes man-made watercourses, such as new and obsolete ponds, lakes, or irrigation channels. 16.12.050 Permit-Required. A. Except as otherwise exempted in Section 16.12.030 or excepted pursuant to Section 16.12.050.B, no person shall commence or perform any clearing or grading, and no person shall export or import any earth materials to or from any site unless pursuant to a written permit from the office ofthe City Engineer. The permit shall be in the name of the property owner. A separate permit shall be required for each site but may include the entire operation Grading Ordinance 4 12-19-06 at such site. When.ding is to be done within 50 feet of a _onal watercourse or in the lOa-year floodplain of a watercourse, a permit shall be required in all cases. B. Exceptions. Permits shall not be required in the following instances: 1. An excavation which: a. Does not exceed 50 cubic yards of earth material; and b. Does not exceed 3 feet in vertical depth at its deepest point measured from the original ground surface; and c. Does not create a cut slope greater than 4 feet in height and steeper than 2 horizontal to 1 vertical; and d. Does not change the existing drainage pattern. 2. A fill that does not: a. Exceed 50 cubic yards of earth material; and b. Is not intended to support structures; and c. Is less than 3 feet in vertical depth and is placed on natural terrain with a slope flatter than 5 horizontal to 1 vertical; and d. Does not change the existing drainage pattern. 3. An excavation below finished grade for basements and footings of a building or for a swimming pool, retaining wall, or other structure authorized by a valid building permit. This shall not exempt any fill made with earth material from such excavation nor exempt any excavation having an unsupported height greater than 4 feet after the completion of such structure. 4. Clearing at a single site, provided that the total area cleared does not exceed 1 acre and is not part of a common or approved plan of development or subdivision and is not in violation of any other applicable ordinance. 5. Clearing for agricultural purposes on land within a special agricultural combining district as set forth in this code. 6. Clearing of vegetation as required by the Fire Marshal for abatement of a nuisance or wildland fuel-reduction clearing, which complies with the standard criteria established by the Development Services Director for the protection of resources, and to provide safety around structures or to suppress a fire. 7. Clearing or grading for any project by or under contract with the City or county. Grading Ordinance 5 12-19-06 16.12.060 permit-APPhttions - Plans and Specifications. e Applications for pennits required by this chapter shall be made in writing and filed with the City Engineer. Such applications shall include or be accompanied by the following: A. Grading-Plans and Specifications. 1. Four sets of grading plans and specifications prepared, designed, and signed by a civil engineer or a licensed architect when prepared in conjunction with building design and an application for a building pennit, with a place for the City Engineer's signature and a preparer's certification disclaimer, shall be submitted, together with such supporting data as may be necessary to comply with the provisions of this section. The scale of the grading plans shall not be more than 1 inch equaling 50 feet, nor less than 1 inch equaling 20 feet. The scale of details or sections shall not be less than I inch equaling I foot. 2. The City Engineer may waive the requirements for scale plans or drawings if it is found that the infonnation on the application is sufficient to show that the work will confonn to the provisions of this chapter. 3. The City Engineer may waive the requirement that grading plans and specifications be prepared by a civil engineer or licensed architect when the total quantity of excavation or fill does not exceed 5,000 cubic yards, the site is not to be used to support a structure, the property owner on whose land the work is to be done will be in charge of the work, and the City Engineer finds that the work to be perfonned does not affect the health or safety ofthe public or the employees ofthe property owner. B. Clearing-Plans and Specifications. 1. Ifthe ground to be cleared will also be filled, graded, or excavated, then the plans and specifications provided pursuant to Subsection A ofthis section shall be considered sufficient for clearing. 2. If the ground is to be cleared only and is not part of a common or approved plan of development or subdivision, then plans and specifications equivalent to the requirements of Subsections Al and D of this section shall be submitted for approval. C. Soils Report. 1. Engineering Geological Report. The City Engineer, after a visual site investigation, may require an engineering geological report based upon the grading plans. The engineering geological report shall be prepared and signed by an engineering geologist with a preparer's certification disclaimer and shall include a description of the geology of the site, conclusions and recommendations regarding the effect of geological conditions on the proposed development, and a geologic map of sufficient detail as to portray the existing field condition. Recommendations included in the report and approved by the City Engineer shall be incorporated into the grading plans. 2. Soil Engineering Report. Unless it is found to be unnecessary after a visual site investigation by the City Engineer, a soil engineering report shall be submitted based Grading Ordinance 6 /2-/9-06 upon the Ang plans. Such r~~ort shall be desiA prepared, and signed by a registered civil engineer or a registered soils engineer with a preparer's certification disclaimer and shall include data regarding the nature, distribution, and strength of existing soils; conclusions and recommendations for grading procedures; design criteria for corrective measures; or other criteria as may be necessary. Recommendations included in the report and approved by the City Engineer shall be incorporated into the grading plans or specifications. D. Erosion and Sediment Control Plans. For any project which disturbs 1 or more acres or is part of a common or approved plan of development or subdivision, or where the City Engineer determines that a project may adversely impact a watercourse, the Interim and Final Erosion and Sediment Control Plan shall be prepared as follows; 1. Interim Erosion and Sediment Control Plan (interim plan). The owner/applicant shall provide a plan prepared, designed, and signed by a registered civil engineer experienced in erosion- and sediment-control measures, a certified professional soil erosion- and sediment-control specialist, a soil scientist certified by the American Registry of Certified Professionals in Agronomy Crops and Soils with experience in erosion and sediment control, or a licensed landscape architect with experience in erosion and sediment control. The interim plan is required in addition to the State requirements for a Storm Water Pollution Prevention Plan for the site. The interim plan will be on a separate sheet(s) with a place for the City Engineer's signature and a preparer' s certification disclaimer. All the following information shall be provided with respect to conditions existing on the site during land-disturbing or filling activities or soil storage: a. Maximum surface runoff from the site shall be calculated using the method described in the City of Redding Construction Standards, page 200.00, Drainage Criteria. The recurrence interval (storm frequency) shall be as determined by the professional preparing the plan, but in no case shall it be less than a 10-year, 24-hour event. b. The interim plan shall also contain the following information, when applicable: 1. A delineation and description of the surface runoff and erosion- and sediment-control measures to be implemented, including, but not limited to, type and method of applying mulches and designs and specifications for diverters, dikes, and drains and a schedule for their installation, maintenance, and upkeep; 11. A delineation and description of the vegetative measures to be used, including, but not limited to, types of seeds and fertilizer and their application rates; the type, location, and extent of preexisting and undisturbed vegetation type; and a schedule for installation, maintenance, and upkeep. 111. A delineation and description of the measures, including Best Management Practices (BMPs), to be undertaken to retain sediment on the site, including, but not limited to, the designs and Grading Ordinance 7 12-/9-06 -specifications for sediment detention as and traps and a schedule for their maintenance and upkeep. c. The location and detail of all measures listed by the owner/applicant under Subsection l.b.i, ii, iii ofthis section shall be depicted on the grading plan or on a separate plan at the discretion of the City Engineer. d. An estimate ofthe cost of implementing and maintaining all interim erosion- and sediment-control measures must be submitted in a form acceptable to the City Engineer to determine the amount required to guarantee faithful performance and payment of labor and material as outlined in Section l6.12.130.A.2. e. The owner/applicant may propose the use of any erosion- and sediment- control measures in the interim plan, provided such measures can be proven to the City Engineer to be as, or more effective than, the equivalent Best Management Practices contained in the Public Works Construction Standards and the Erosion and Sediment Control Standards Design Manual available from the City of Redding for a fee. 2. Final Erosion and Sediment Control Plan (final plan). All the following information shall be provided with respect to conditions existing on the site after final structures and improvements (except those required under this section) have been completed and where these final structures have not been covered by an interim plan. a. Maximum runoff from the site shall be calculated using the method described in the City of Redding Construction Standards, page 200.00, Drainage Criteria. b. The final plan shall also contain the following information, when applicable: 1. A description of, and specifications for, sediment-retention devices; 11. A description of, and specifications for, surface runoff and erosion- and sediment-control devices; 111. A description of vegetative measures; IV. A graphic representation and detail of the location of all items in Subsections 2.b.i, ii, and iii of this section; v. A schedule of maintenance and upkeep of the final plan during the warranty period of at least 1 year or as agreed to in the Subdivision Agreement for the project. c. An estimate of the costs of implementing all final erosion- and sediment-control measures must be submitted in a form acceptable to the City Engineer. d. The owner/applicant may propose the use of any erosion- and sediment- control measures in the final plan, provided such measures can be proven to Grading Ordinance 8 12-19-06 the ey Engineer to be as, or more effect_than, the equivalent Best Management Practices contained in the Public Works Construction Standards and the Erosion and Sediment Control Standards Design Manual available from the City of Redding for a fee. E. Other Information. The application and/or plans shall also include the following: 1. A vicinity sketch or other data adequately indicating the site location; 2. The legal description and street address of the property on which the work is to be performed and the name and address of the owner; 3. The estimated cost of the work to grade and construct the public and private improvements for the project; 4. Property lines and dimensions and bearings of the property on which the work is to be perfoImed; 5. Limits of cuts and fills; 6. Location of any buildings, structures, easements, utilities, and drainage channels on the property where the work is to be performed and the location of any building or structure on land of adjacent property owners which are within 25 feet of the property boundary; 7. Contours showing the topography of the existing ground. Contour intervals shall be consistent with the existing terrain and shall be accurate to accepted mapping standards for the map scale. Contours shall extend past the boundary lines of any project where unusual topography exists adjacent to a site (i.e., natural watercourses, etc.); the contours shall be extended to include the same; 8. Elevations, dimensions, location, extent, and the slopes of all proposed grading shown by contours and other means; 9. The quantity of excavation and fill involved and estimated starting and completion dates for these activities; 10. Source of material to be used for fill or location to which excavated material will be removed, or both; 11. Proposed routes for hauling material, hours of work, and method of controlling dust; 12. Detailed plans of all drainage devices, walls, cribbing, dams, or other protective devices to be constructed in connection with, or as a part of, the proposed work, together with a map showing the drainage area and calculated runoff of the area served by the drains, sub drain location, and approximate length; 13. Any additional plans, drawings, calculations, or title reports the City Engineer may require because of special characteristics found to exist upon the grading site; Grading Ordinance 9 12-19-06 16. 17. 18. 19. 20. 14. Contourm'submitted pursuant to this subsection s_bearthe name of the person responsible therefor and the date they were made; 15. For an application for clearing only, any of the above-numbered items may be omitted if the City Engineer finds that the information on the application is sufficient to show that the work will conform to the provisions of this chapter; The quantity of acreage of land to be cleared and time lines; A description of the vegetation to be cleared and time lines; The application shall be signed by the property owner; The owner/applicant shall provide the name and address of the contractor who will be in charge or control of the work. The contractor shall have the appropriate State of California license to perform work within the public right-of-way and/or for improvements to be constructed and dedicated to the City. If applicable, a copy of the Notice of Intent letter or Waste Discharge Identification Number, as required by the California Water Quality Control Board for a Construction Storm Water Permit. F. Revised Plans and Specifications. If the soil, vegetation, or other conditions are not as stated in the application for a permit, the City Engineer may require the submission of revised plans and specifications. G. Consents. 1. Adjacent Property Owner. Whenever any excavation, fill, or construction activity requires entry onto adjacent property for any reason, the owner/applicant shall obtain the written consent of the adjacent property owner or his authorized representative and shall file a signed and notarized copy of such consent with the City. The City shall not issue any permit for such grading work unless and until the owner/applicant files all necessary consent documents with the City. 2. Access Routes. The owner/applicant shall secure the written approval of the City of all proposed access routes to and from the grading site( s). The City may impose such regulations with respect to the access routes as the City, in its sole discretion, determines are required in the interest of public safety and impact to public-street surfaces. Such regulations may include, without limitation, the following: Grading Ordinance a. The size or type of hauling equipment shall be limited in accordance with the width and conditions of the street; b. Traffic-control devices, including flagmen, signs, and markers, shall be utilized at appropriate places along the designated routes of access to such sites; c. Temporary no-parking restrictions shall be imposed as provided along such routes when determined necessary by the City Engineer; and 10 12-19-06 d. Coaon of access route (dust control). e 3. Entry by Surety. The permittee shall provide written consent for the surety, or any person employed or engaged on behalf of the surety, to enter onto the premises to complete the required work. The City shall not approve an application for a permit unless the owner/applicant files with the City a written consent for such entry. The owner/applicant and/or permittee will note that, by approval of the grading permit, right-of-entry is granted to the City to summarily abate any immediately dangerous or environmentally hazardous condition on the premises. 16.12.070 Permit-Fees. Each application for a clearing or grading permit or appeal of any action or decision of the City Engineer or hearing body shall be accompanied by a processing fee. The amount ofthe processing fee shall be as established by the City Council by resolution. 16.12.080 Permit-Environmental Consideration. The City Engineer shall refer each application for a grading permit to the Development Services Department, Planning Division. If the Planning Division determines that the grading is not categorically exempt from the provisions of the California Environmental Quality Act (CEQA), then an Initial Study shall be prepared. After preparation of an Initial Study, the environmental review process shall be conducted as required in Chapter 18.24 ofthis code. The Board of Administrative Review shall conduct any necessary public meetings or hearings, unless referred to the Planning Commission by the Board of Administrative Review. When a permit is categorically exempt from the provisions of CEQA, the Planning Division shall report in writing to the City Engineer on any aspect of the proposed grading that reflects to or affects the General Plan or any elements thereof or any zoning regulation of the City. Prior to issuance of a grading permit, all required permitting or documentation from appropriate experts that none is needed from resource agencies shall be provided. 16.12.090 Permit-Hearing. A. Hearing. 1. The Development Services Department shall set a date for a hearing before the Board of Administrative Review to be held in accordance with State laws applicable to local legislative bodies and commissions in relation to notice of public meetings when the grading or clearing is to be done on a site which: a. Is intended to be subdivided or a parcel map or tentative subdivision map has been approved; unless a tentative grading or clearing plan has been approved as part of a discretionary action which required a hearing. b. Involves 5,000 cubic yards or more of excavation or fill; or c. Involves clearing of 5 acres or more; or d. An EIR has been prepared pursuant to the requirements of this chapter. Grading Ordinance 1/ 12-19-06 2. When it has beeatermined by the City Engineer that subAtial changes in a previously approved grading or clearing plan for a tentative map or other discretionary action has occurred, a rehearing may be required. 3. Whenever the grading involves less than 5,000 cubic yards of excavation or fill or involves less than 5 acres of clearing and the City Engineer determines that the work may affect the property, surrounding property, or the public welfare in a significant way, he may, at his discretion, require the Planning Division to set a date for a hearing thereon. 4. The hearing shall be conducted by the Board of Administrative Review as set forth in this code. The hearing may be continued from time to time as circumstances may require. Notice of the hearing shall be given in the same manner as for a use permit under Section 18.14.050 of this code. B. Action of the Board of Administrative Review or Planning Commission. After consideration, the Board of Administrative Review may recommend the approval or conditional approval for a grading permit or clearing permit to the City Engineer; or deny the application for a grading permit or clearing permit; or, in its sole discretion, may forward the matter to the Planning Commission for decision and recommendation to the City Engineer. C. Substantial Compliance. No clearing or grading permit issued under the provisions of this chapter shall be held invalid for failure to strictly comply with the provisions ofthis section if, in the sole discretion of the City, there has been substantial compliance therewith. D. City Projects. This section shall not apply to any department of the City unless an environmental impact report was required under the provisions of this code. E. Fire Hazard Fuel Reduction Clearing. This section shall not apply to permits for wildland fuel-reduction clearing which comply with the standard criteria established by the Development Services Director for the protection of Resources. 16.12.100 Permit-Denial Grounds. A. Geological or Flood Hazard. If the City Engineer determines by inspection or by soil or geological reports or other means that the land area for which clearing or grading is proposed is subject to geological or flood hazard to the extent that corrective work cannot eliminate or sufficiently reduce the hazard to persons or property, the grading permit and building permits for habitable structures shall be denied. B. No clearing or grading permit shall be granted in any case in which: 1. The proposed grading will result in removing the lateral and subjacent support ofthe adjacent land, or otherwise endanger or constitute a hazard to other real property at a higher or lower elevation not necessarily adjacent or contiguous thereto, or to public sewers, drains, watercourses, streets, street improvements, or other public property or result in seepage or slides, except upon condition that such damage or hazard shall be eliminated by the erection of necessary walls, cribs, or other devices approved by the City Engineer; or 2. The proposed clearing or grading is inconsistent with the General Plan or in violation of the Zoning Ordinance; or Grading Ordinance /2 /2-/9-06 e e 3. The proposed clearing or grading will result in a significant adverse and unmitigatable environmental impact for which a statement of overriding considerations has not been adopted pursuant to the California Environmental Quality Act (CEQA); or 4. The proposed grading or clearing will occur within a 100-year floodplain identified by the Federal Emergency Management Agency and a use permit has not been obtained under Section 18.51.110 and Section 18.51.130; or 5. A hearing is required, unless the hearing body has approved the application after conducting the hearing and no appeal is taken; or 6. The proposed clearing and grading is of such a magnitude that substantial completion cannot be accomplished prior to the rainy season as defined in this chapter and as such, constitutes a hazard to other real property, public services, storm drains, water courses, streets, street improvements, or other public property and as determined by the City Engineer. 7. The proposed clearing and grading will occur on a single site during the rainy season and the City Engineer determines by visual inspection that such work will endanger the public health and safety or is otherwise prohibited by State or federal regulations. 16.12.110 Permit-Appeal. A. The issuance of any permit or approval as set forth in this chapter may be appealed as set forth in Section 18.11.090, Appeals, of this Code. 16.12.120 Permit-Issuance and Conditions. A. Issuance. 1. The City may approve, but shall not issue, a permit until all applicable appeal period(s) set out in Section 16.12.110 have expired. 2. The City shall issue the permit in the name of the property owner as permittee. The permittee shall sign the permit in acknowledgment ofthe responsibilities set forth in Section 16.12.060.G.3 and this chapter. 3. The issuance of a grading permit or clearing permit shall constitute an authorization to do only that work which is described or illustrated on the clearing or grading plans and specifications approved by the City Engineer and set forth in Section 16.12.060 or the hearing body at the time of issuance of the permit. B. Jurisdiction of Other Departments and Agencies. Notwithstanding the issuance of a grading permit and/or clearing permit under the provisions of this chapter, the permittee is solely responsible for securing all required permits and complying with all required conditions for any such permits for any and all work which is regulated by any other provision ofthis code or falls within the jurisdiction of other local, State, or federal agencies. C. Map Requirements. No grading permit or clearing permit (except for Fire Hazard Fuel Reduction Clearing) shall be issued on any parcel larger than 5 acres, unless a tentative Grading Ordinance /3 12-19-06 subdivision map o.rcel map has been approved or an attavit is filed with the City Engineer, declaring that the grading/clearing is not for subdivision purposes. D. Conditions. In granting a permit under this chapter, the City may attach such conditions as may be necessary to prevent unnecessary environmental damage or to protect the health, safety, and welfare of persons or property. E. Conformance with Zoning Regulations Required. No permit shall be issued for any clearing or grading or any export or import of earth or materials to or from any grading site, except in compliance with the zoning and division ofland regulations contained in Titles 17 and 18 of this code, the State Subdivision Map Act, and the General Plan of the City. F. Retention of Permit at Job Site. The permittee shall keep the grading permit and plans on the job site at all times work is in progress. G. Responsibility of Permittee. The permittee shall carry out the proposed work in accordance with the Standard Specifications for Public Works Construction (Green Book), approved grading and erosion- and sediment-control plans and specifications, the conditions of the permit, and the requirements of this chapter and all other applicable laws and regulations. The permittee shall maintain all required protective devices and temporary drainage devices during the progress of the work and shall be responsible for observance of hours of work, dust controls, and methods of hauling. The permittee shall guarantee maintenance of the site for 1 year after acceptance. The permittee shall become subject to the penalties set forth in this chapter in the event offailure to comply with this chapter and other applicable provisions of this code. H. Conduct of Operations. No person shall clear or grade any site so as to cause rocks, soil, sediment, or debris in any form to fall, slide, or flow onto adjoining properties or public property. Any debris deposited on adjoining properties or public property shall be immediately removed by the permittee. 1. Hours of Work. The permittee shall adhere to Chapter 18.40.100, Noise Standards, of the Redding Municipal Code and not commence clearing or grading operations outside the hours as outlined in Chapter 18.40.100. The City, in its sole discretion, may grant, in writing, exceptions from the limitations in this subsection. J. Restrictions During Rainy Season The City Engineer may issue grading permits during the period of October 1 to April 15 of each year subject to the following standards: 1. The approved Interim Erosion and Sediment Control Plan shall be installed 100 percent complete and fully operational by October 1 of any year. In addition, all approved erosion- and sediment-control measures shall be maintained fully operational until Apri115 of the following year. The erosion- and sediment-control measures shall be inspected and maintained by the owner or owner's representative during and between rainfall events and repaired as necessary. Any site experiencing erosion and unplanned movement of sediment shall be scheduled for corrective action no later than the next day. Noncompliance with this section ofthe ordinance or of the approved Interim Plan is grounds for issuance of a Grading Noncompliance Notice and Stop Work Order. Grading Ordinance 14 12-19-06 2. Between th.riod of Apri115 to October 15 of eac.ar, erosion- and sediment- control measures shall be installed at the construction site at the end of the day or prior to weekend-shutdown periods if the U.S. Weather Service forecasts a 30 percent-or-greater chance of precipitation. All materials necessary to implement the erosion- and sediment-control measures shall be on-site prior to commencement of work. K. Completion of Work and Extensions of Time. The permittee shall fully perform and complete all the work contemplated to be accomplished pursuant to the permit within the time limit specified in the permit. Ifthe permittee is unable to complete the work within the specified time, he/she may, prior to the expiration of the permit, submit a written request for an extension oftime within which to complete the work. The City, in its sole discretion, may extend the time specified on the grading permit, but no such extension shall release any surety upon a security required pursuant to Section 16.12.130. Ifthe extension oftime would carry performance of the work into the rainy season, as defined in this chapter, then the extension of the permit shall be subject to the additional provisions of Subsection G of this section, including the requirement for cash deposit security, and the City may further condition the permit in accordance with Subsection D of Section 16.12.120. L. Entry upon Premises. 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 is unlawful for the owner or any other person to interfere with the ingress to, or egress from, such premises of any authorized representative or agent of any surety company or the City engaged in work required by the permit or ordered by the City Engineer. The owner/applicant and/or permittee will note that by approval of the grading permit, right-of-entry is granted to the City to summarily abate any immediately dangerous or environmentally hazardous condition on the premises. M. Compliance. No person shall fail, refuse, or neglect to comply with the following provisions: 1. All conditions imposed on permits pursuant to the provisions of this chapter; 2. All the provisions of this chapter with respect to clearing and grading, which were in effect at the time the permits were issued. 3. In addition, the pe~ittee shall conduct all clearing or grading operations in conformance with the applicable permit requirements of the California Department ofFish and Game, the Regional Water Quality Control Board, the U.S. Army Corps of Engineers, and all other State and federal agencies having jurisdiction. 16.12.130 Security. A. Security Requirements. 1. Whenever an application for a grading permit is filed for the excavation or fill of 50 cubic yards or more in volume and, if in the sole discretion of the City Engineer, the nature of the work is such that ifleft incomplete it may create a hazard to human life or endanger adjoining property or property at a higher or lower level or to any street or street improvement or any other public property, the City Engineer shall, before issuing the grading permit, require the owner/applicant to guarantee faithful performance and payment oflabor and material in an amount determined by the City Grading Ordinance 15 12-/9-06 Engineer, ah shall be not less than 100 percent 0_ total estimated cost of the work, including corrective work necessary to remove or eliminate geological hazards. 2. Notwithstanding the above, all work depicted on the interim and final erosion- and sediment-control plans performed during the rainy season shall be secured by a security. Additional security may be required by the City Engineer sufficient to cover the cost of site cleanup and debris removal. Where grading or clearing is required on property adjacent to the site to complete a project satisfactorily, the owner ofthe adjacent property need not provide additional security if the original guarantee is of sufficient amount to include such additional work. Securities shall remain in effect until the work authorized by the permit is completed and the site is stabilized and debris removed and any debris deposited on adjoining properties or public ways has been removed and such has been approved by the City Engineer. B. Type of Security. A guarantee of faithful performance and payment of labor and material, when required under the provisions of this section, shall be provided by one of the following methods: 1. Bonds executed by the applicant as principal and a corporate surety authorized to do business in the State of California as surety and in a form furnished by the City Engineer and approved by the City Attorney; 2. Cash deposit with the City; or in lieu thereof, a certificate of deposit from a federally insured lending institution in the name of the City with interest payable to the owner/applicant; 3. An instrument or instruments of credit from one or more financial institutions subject to regulation by the State or federal government, pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment, and an agreement that the funds designated by the instrument( s) shall become trust funds for the purpose of securing faithful performance and payment oflabor and material. The instrument(s) of credit and the agreement shall first be approved by the City Attorney. C. Action Against the Security. The City Engineer may, after reasonable notice, act against the appropriate security if any of the conditions listed in subdivisions 1 through 4 of this subsection exists. The owner/applicant and/or permittee will note that by approval of the grading permit, right-of-entry is granted to the City to summarily abate any immediately dangerous or environmentally hazardous condition on the premises. The City Engineer may use funds from the appropriate security to finance remedial work undertaken by the City or a private contractor under contract to the City and to reimburse the City for all direct costs incurred in the process of the remedial work. 1. The permittee ceases clearing or grading and abandons the work site prior to completion of the plan; 2. The permittee fails to conform to the interim plan or final plan as approved or as modified under Section 16.12.200 and/or has had hislher permit revoked under Section 16.12.120; Grading Ordinance /6 /2-/9-06 3. The measuAtilized under the interim or final plan &ithin 1 year of installation or before a final plan is implemented for the site or portions of the site, whichever is later; 4. The City Engineer determines that action by the City is necessary to prevent excessive erosion and sedimentation from occurring on the site. D. Release of Security. Security deposited with the City for faithful performance of the grading, clearing, and erosion- and sediment-control work and to finance necessary remedial work shall be released upon completion and approval of the final plan. 16.12.140 Design Standards. Cuts, fills, drainage, utility trenches, and erosion and sediment control shall be designed and constructed in accordance with the Standard Specifications for Public Works Construction (Green Book) adopted edition; the City of Redding Construction Standards; the City of Redding Erosion and Sediment Control Standards Design Manual; and, ifthe grading is proposed to support structures, the Uniform Building Code. 16.12.170 Excavations. Excavations shall not undercut any natural slope if the stability of a footing or foundation of any building or structure would be adversely affected, unless such footing or foundation is first properly underpinned or protected against failure. 16.12.190 Inspection and Supervision. A. General. All construction or work for which a permit is required, including erosion- and sediment-control measures, shall be subject to inspection and materials testing by owner's engineer by and at the request of the City. Certain types of work determined by the City Engineer to be likely to endanger or create a hazard to other property shall have either continuous or constant inspection and supervision during all critical periods by a civil engineer, soils engineer, or engineering geologist as required by the City Engineer as a condition of issuance of the permit. Failure by the permittee to provide required inspections and supervision shall be grounds for revocation of the permit. Prior to closing the clearing or grading permit, a final inspection shall be made of all construction or work for which the permit has been issued. B. Exposure of Work. Whenever any work on which called inspections are required as specified in this section is covered or concealed by additional work without having first been inspected, such work shall be exposed at the permittee's sole expense for examination. C. Notice. The permittee or his agent shall notify the City Engineer 24 hours in advance ofthe time when the work is ready for each of the following inspections: 1. Preconstruction Inspection. When the permittee is ready to begin work, but before any grading or clearing is started. 2. Clearing Inspection. After the natural ground is exposed and prepared to receive fill, but prior to the placement of any fill. Grading Ordinance 17 12-19-06 3. Final Inspe.n. When all work, including installa. of all drainage structures, other protective devices, planting, and slope stabilization, have been completed and the as-graded plan and required reports have been submitted. 4. Other Inspection. In addition to the called inspections above, the City Engineer may make periodic inspections of the work to ascertain compliance with the provisions of this chapter. D. Responsibility of Permittee. The permittee shall provide sufficient professional supervisory control during the work to ensure compliance with the approved plans and specifications and the provisions of this code. When required by the City Engineer, the permittee shall avail the City Engineer of geological and soils engineering services to implement the supervisory control ofthe permittee's registered civil engineer. E. Special Inspections. Where determined from the plans and site investigation that conditions warrant professional supervisory control, the permittee or his agent shall employ: 1. A registered civil engineer or geotechnical engineer to supervise all grading; 2. An engineering geologist to provide geological inspections. These inspections shall include, but not be limited to, the adequacy of natural ground for receiving fills and the stability of cut slopes with respect to geological matters and placement of sub drains or other groundwater drainage devices. The engineering geologist shall report the findings to the soils engineer and the civil engineer, and they shall be submitted to the City Engineer. . F. Inspections Required. The employment of specialists to supervise the work shall not be deemed to render unnecessary inspections described in this section. 16.12.200 Modifications. A. The permittee and his agents shall not deviate from the approved plans and specifications without the written approval of the official or body which granted final approval to the original permit. B. The City Engineer may require permittee to modify the approved plan, interim or final plans, including the interim and final erosion- and sediment-control plans, and maintenance methods and schedules. The City Engineer shall notify the permittee in writing of the requirement and specify a reasonable period of time within which permittee must comply. 16.12.210 Inspecting Officials. A. Notification of Noncompliance. If, in the course of fulfilling their responsibilities, the civil engineer, soils engineer, engineering geologist, or testing agency finds that the work is not being done in conformance with this chapter or the approved plans, the discrepancies shall be reported immediately in writing to the person in charge of the work and to the City Engineer. Recommendations for corrective measures, if necessary, shall be submitted. B. Termination of Services. The civil engineer supervising the work shall immediately notify the City Engineer in writing upon the termination of the civil engineer, soils engineer, or engineering geologist services, and those individuals terminated shall not be held responsible for work taking place after that time. All work shall immediately stop upon the termination Grading Ordinance 18 12-19-06 of the services of t.civil engineer, soils engineer, or engiAng geologist whose name appears on the permit as having been approved to supervise the work, and it shall not commence again until the new approved civil engineer, soils engineer, or engineering geologist certifies in writing to the City Engineer that he or she has reviewed all phases of the project and is thoroughly familiar with it. Upon receipt of this notice, the City Engineer shall immediately give written notice that work may proceed. C. Transfer of Responsibility. lfthe civil engineer, the soils engineer, the engineering geologist, or the testing agency of record is changed during the course of the work, the work shall be stopped until the replacement has agreed to accept the responsibility within the area of its technical competence for submitting a written declaration upon completion of the work. 16.12.220 Safety. Whenever any construction or other work is being done contrary to the provisions of this chapter, or not in accordance with the plans and specifications submitted and approved as the basis for the issuance of the clearing or grading permit, or with any condition imposed in connection with such permit, or if public or private property or persons are or may be endangered, the City Engineer shall issue notice to the permittee or his or her agent or other responsible employee. The notice shall state the nature of the condition and shall contain sufficient information to inform the permittee of the nature and extent ofthe correction required and shall require immediate cessation of work upon that portion of the site where noncompliance, hazard, or other violation has occurred or exists. No work shall be performed on that portion of the site unless and until the noticed condition is rectified and approved by the City after inspection or unless, as a condition of continuing the work, the permittee immediately undertakes and pursues to completion specific precautions approved in writing by the City. 16.12.230 Completion of Work; Final Reports. A. Letter of Completion. When it is found that the work authorized by the grading permit, including the installation of all drainage structures, planting, and recommendations by the soils engineer and engineering geologist and removal of debris deposited on adjoining properties or public ways, has been satisfactorily completed in accordance with the requirements of this chapter, a letter of completion covering such work shall be sent to the permittee by the City Engineer. A copy shall be sent to the Building Official. B. Final Reports. Unless otherwise specifically waived in writing by the City Engineer, upon completion of the work and before final acceptance of the work, the permittee shall submit to the City Engineer the following reports and information as applicable: 1. An as-graded grading plan prepared by the civil engineer shall include the original ground surface elevations or contours; as-graded ground surface elevations; the elevation of 4 pad comers of each building pad; as-graded lot drainage patterns; locations and elevations of subsurface drainage facilities, which shall include: grate elevations, curb flow line elevations and drainage pipe invert elevations at inlets, storm-drainage manholes and outlets; locations and elevations on public sewer-line stubs, public waterline stubs, and storm-drain stubs and outfalls. The civil engineer shall provide a stamped, written declaration on the as-graded grading plan that the work was done in accordance with the final approved grading plan and this chapter. Any modifications to the approved grading plan by the as-graded grading plan shall be approved by the City Engineer prior to its submittal. Grading Ordinance /9 /2-/9-06 2. A soil gra.g report prepared by the soils engia, 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 investigation report. The soils engineer shall also provide information as to location and nature of tests, statement related to the expansive nature of soil and rock material, limits of compacted fill shown on the as-graded plan, and adequacy of the site for the intended use; 3. A geologic grading report prepared by the engineering geologist, if an engineering geological report was required by the City Engineer in accordance with Section 16.12.060A5, including a final description of the geology of the site, including any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. The engineering geologist shall provide a written declaration as to the adequacy of the site for the intended use as affected by geologic factors. Where necessary, a revised geologic map and cross sections and any recommendations regarding special building restrictions or foundation setbacks shall be included. 16.12.240 Protective Device Maintenance. A. The owner of any property on which grading or clearing has been made pursuant to a permit granted under this chapter and any other person or agent in control of such property shall maintain in good condition and repair all retaining walls, cribbing, drainage structures, and other protective devices, including planting and erosion- and sediment-control devices, shown in the approved plans and specifications submitted with the application for a permit or subsequently required by the City Engineer. B. Upon completion of the final clearing, grading, and permanent improvements, where such permanent improvements are planned at the time the clearing or grading is performed, the permittee shall submit to the City Engineer executed contract(s) with a qualified contractor for maintenance and upkeep of final plan runoff and erosion- and sediment-control measures for a I-year period. C. Where an owner/applicant does not plan to construct permanent improvements on the site or plans to leave portions ofthe site graded but unimproved, owner/applicant must: I. Meet all the requirements of this chapter, including, approval of the final plan; and 2. Submit executed contract(s) as defined in Subsection B of this section after completion of grading or clearing. 16.12.250 Hauling. A. Routes. In cases where the City Engineer designates the haul routes, such designation of routes shall take into consideration the most practical means of transporting the earth materials to and from the clearing or grading site consistent with the safety and welfare of residents along the routes. B. Maintenance of Roadways. All public roadways used by the permittee shall be maintained free from all dust, dirt, and debris caused by the work. The City Engineer may require a cash deposit from the permittee to cover any costs of roadway maintenance incurred by the City, which are directly attributable to the permittee's clearing or grading operation. The amount Grading Ordinance 20 12-19-06 ofthe cash deposit.l be determined by the City Engineer. .- cash deposit or any unused portion thereof shall be refunded to the permittee after the grading permit has been closed. C. Spillage. All vehicle loads shall be trimmed and watered or otherwise secured so as to prevent spillage from the equipment. D. Equipment. In no event shall any export or import of earth materials to and from a clearing or grading site over dedicated and improved streets in the area be undertaken or conducted, except by use of equipment which complies in all respects with the State Vehicle Code. 16.12.260 Grading Noncompliance. The following are expressly declared to be unlawful: A. Any failure to comply with the provisions of this chapter by any person; B. Any clearing, grading, excavation, or fill which is done without first having obtained a permit therefor in accordance with the provisions of this chapter; C. Any failure by the permittee, or his agents, or anyone acting for the permittee, to comply with the terms, conditions, specifications, or limitations contained in a duly issued grading permit or clearing permit; D. After work has been started by the permittee under a duly issued grading permit or clearing permit, any failure by the permittee to complete the work authorized by the permit; E. Any quantity of clearing or grading upon the property of another without the property owner's permission"; F. Continuation of a noncompliance described in Subsections A, B, C, D, or E of this section, beyond the end of 1 day, shall be considered a separate violation for each day or portion of. the last day on which it is continued. Section 2. Title 16, Chapter 16.12, Sections 16.12.270 and 16.12.280, is hereby amended by repealing said sections. Section 3. The passage of this ordinance is not a "project" according to the definition in the California Environmental Quality Act, and therefore is not subject to the provisions requiring environmental review. Section 4. This ordinance shall take effect 30 days after the date of its adoption, and the City Clerk shall certify to the adoption thereof and cause its publication according to law. Grading Ordinance 21 12-19-06 I HEREBY CER. that the foregoing ordinance was in_uced and read by the City Council at a regular meeting on the 19th day of December, 2006; and was duly read and adopted at a regular meeting on the 2nd day of January, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: Bosetti, Jones, Murray, Stegall, and Dickerson COUNCIL MEMBERS: None COUNCIL MEMBERS: None COUNCIL MEMBERS: None {~ /Q~ DICK DICKERSON, Mayor ATTEST: , I FORM APPROVED: . ~ -" .;., J 1 " J l .,.- aj, .~ '~.L; _ .. 4- CO~E STRO'm\1AYElt; - ~ i?lerk . ~ '. r ,. ~~? RICHARD A. DUVERNAY, C" Attorney ... ". . , . \' Grading Ordinance 22 12-/9-06 . e SUMMARY OF CITY OF REDDING ORDINANCE NO. 2380 The following is a summary report of the City of Redding's Ordinance No. 2380, an ordinance of the City Council of the City of Redding amending the Redding Municipal Code by repealing, adding or amending various sections as noted below. SUMMARY BY CODE SECTION GRADING ORDINANCE 16.12.010 Purpose. Establishes that the purpose of this chapter is to safeguard life, health, property, the environment, and the public welfare by establishing minimum requirements for grading, clearing, and erosion and sediment control. 16.12.020 Scope. Establishes the scope of the grading regulations. 16.12.030 Exemptions. Establishes scope of activities exempt from regulation under the grading ordinance. 16.12.040 Defmitions. Establishes definitions used in the Grading Ordinance. 16.12.050 Permit-Required. Establishes the requirement to obtain a grading permit. 16.12.060 Permit-Applicat!ons - Plans and Specifications. Establishes the process and content of permit applications. 16.12.070 Permit-Fees. Establishes authority to impose fees for grading permits. 16.12.080 Permit-Environmental Consideration. Establishes coordination for permit review with planning division. e e 16.12.090 Permit-Hearing. Establishes permit hearing process. 16.12.100 Permit-Denial Grounds. Establishes grounds for denial of grading permits. 16.12.110 Permit-Appeal. Establishes permit appeal process. 16.12.120 Permit-Issuance and Conditions. Establishes certain conditions for approval of grading permits. 16.12.130 Security. Establishes Security Requirements. 16.12.140 Design Standards. Specifies design standards for grading plans and permits. 16.12.170 Excavations. Establishes certain conditions for excavations. 16.12.190 Inspection and Supervision. Establishes inspection and supervision requirements for grading work. 16.12.200 Modifications. Describes authority and latitude to modify work requirements. 16.12.210 Inspecting Officials. Describes process for inspection of grading work. 16.12.220 Safety. Establishes safety standards. 16.12.230 Completion of Work; Final Reports. Establishes requirements for completion of work. .~ e e 16.12.240 Protective Device Maintenance. Describes protective device establishment and maintenance. 16.12.250 Hauling. Establishes hauling standards. 16.12.260 Grading Noncompliance. Establishes and describe enforcement authority. Ordinance No. 2380 was introduced and read at a regular meeting of the City Council ofthe City of Redding on December 19, 2006, and was duly read and adopted on the 2nd day of January, 2007, at a regular meeting of the City Council by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Bosetti, Jones, Murray, Stegall, and Dickerson None None None A complete copy of Ordinance No. 2380 is on file and available for review in the Office of the City Clerk. e e SUMMARY OF CITY OF REDDING ORDINANCE NO. 2380 The following is a summary report of the City of Redding's Ordinance No. 2380, an ordinance of the City Council of the City of Redding amending the Redding Municipal Code by repealing, adding or amending various sections as noted below. The proposed Ordinance was introduced and read by the Redding City Council on December 19,2006, and will be considered for adoption at its next regular meeting. SUMMARY BY CODE SECTION GRADING ORDINANCE 16.12.010 Purpose. Establishes that the purpose ofthis chapter is to safeguard life, health, property, the environment, and the public welfare by establishing minimum requirements for grading, clearing, and erosion and sediment control. 16.12.020 Scope. Establishes the scope of the grading regulations. 16.12.030 Exemptions. Establishes scope of activities exempt from regulation under the grading ordinance. 16.12.040 Defmitions. Establishes definitions used in the Grading Ordinance. 16.12.050 Permit-Required. Establishes the requirement to obtain a grading permit. 16.12.060 Permit-Applications - Plans and Specifications. Establishes the process and content of permit applications. 16.12.070 Permit-Fees. Establishes authority to impose fees for grading permits. e e 'I 16.12.080 Permit-Environmental Consideration. Establishes coordination for permit review with planning division. 16.12.090 Permit-Hearing. Establishes permit hearing process. 16.12.100 Permit-Denial Grounds. Establishes grounds for denial of grading permits. 16.12.110 Permit-Appeal. Establishes permit appeal process. 16.12.120 Permit-Issuance and Conditions. Establishes certain conditions for approval of grading permits. 16.12.130 Security. Establishes Security Requirements. 16.12.140 Design Standards. Specifies design standards for grading plans and permits. 16.12.170 Excavations. Establishes certain conditions for excavations. 16.12.190 Inspection and Supervision. Establishes inspection and supervision requirements for grading work. 16.12.200 Modifications. Describes authority and latitude to modify work requirements. 16.12.210 Inspecting Officials. Describes process for inspection of grading work. 16.12.220 Safety. Establishes safety standards. e e 16.12.230 Completion of Work; Final Reports. Establishes requirements for completion of work. 16.12.240 Protective Device Maintenance. Describes protective device establishment and maintenance. 16.12.250 Hauling. Establishes hauling standards. 16.12.260 Grading Noncompliance. Establishes and describe enforcement authority. Dated: December 20, 2006