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HomeMy WebLinkAboutORD 126ORDINANCE NO. 126 At W41IIAlIC>< OF I* CITY COUNCIL OF TILE -CITY Of PALM IMCALIMMIA, ADOPTING CIIIIPTER 27t 'GRADINS, ON AiD FILLS" OF Tiit PALM DESERT MDItIC'1k CODE, AND DECLARING TIIE URGENCY OF THIS ORDINANCE. MiEKUt Me City Council desires to regulate grading and filling operations withih the City of Palm Deserts and MIEREAS, said regulation is essential to the health; safety and welfare of the Citizens of Palm Desert; and WHEREAS, on June 18, 1976, the current City Ordinance regulating grading and filling will expire; and WHEREAS, the City has determined that the current Ordinance is inade- quate for the needs of Palm Desert. NO'a, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: SECTION 1: The attached Exhibit "A", titled "Grading Ordinance", and all revisions thereto, labeled Exhibit "B", are hereby adopted as Chapter 27, 'Grading, Excavation, and Fills", of the Palm Desert Municipal Code. SECTION 2: All conflicting Ordinances are hereby repealed. SECTION 3: This Ordinance shall be effective immediately upon passage. The City Clerk of the City of Palm Desert, California, is hereby directed to cause this Ordinance to be published within fifteen (15) days of adoption in the Pala Desert Post, a newspaper published and circulated within the City of Pala Desert, California. PASSED, APPROVED, AND ADOPTED this loth day of June, 1976, by the following vote: AYES: McPherson, Mullins, Newbrander, Seidler i Brush NOES: None ABSENT: None ABSTAIN: None ATi131i FAKILT city of tale Desert, California jk qM atiou of revisions to the draft Considered by the Planning tomissioe, excludin= those strictly of an editorial nature, are Awn tmalyt w. E r---- Ar ' TADIS or CONTENTS tf GRAbtNG. EXCAVATION ANb FILL ARMS OMRAL PAS "��• Pu.. ose and Intent 27.1 (1� 27.1 (2 Definitions ARTICLE 27.2 REQUIREMENTS AND STANDARDS General Requirements for Land Alteration. 27.2 (1) Permit Required Special Requirements for Land Alteration 27.2 (2) Land Alteration Standards Land Alteration Prior to Subdivision of 27.2 (3) Property Land Alteration Work Incidental to a 27.2 (5) Building or Structure Land Alteration Affecting Public 27.2 (5) Improvements Protection of Public Right -of -Way and 27.2 (6) Property During Land Alteration Nuisance Prevention 27.2 (6) Qualifications to do Work - Contractor 27.2 (6) Qualifications to do Work - Property Owner 27.2 (7) Hazards 27.2 (7) ARTICLE 27.3 WORK NOT SUBJECT TO PERMIT Land Alterations Exempt 27.3 (1) Q ARTICLE 27.4 BOND REQUIREMENTS General 27.4 (1) Private Contract Performance Bond 27.4 ((1) Bond Amount 27.4 (3) ARTICLE 27.5 ADMINISTRATION Responsibility 27.5 (1) Applications for Permits 27.5 (2)) Special Investigations 27.5 (3) ARTICLE 27.6 FEES AND VIOLATIONS Computation and Payment 27.6 ((1)) Refunds 27.6 (1) Fee for Failure to Obtain a Land 27.6 2 Alteration Permit 27.6 (2) Violation Appeals 27.6 2 I y t T -An—am ART= 11.1 WMUAL '�Ne. l�.i•i �t�ese and intent 1Ae perpose of this Article is to establish minions require- 1 mica!• he $radio$. excavating and filling of land, to provide for the issuance of permits and for the enforcement of the requirements. !base prow Lone are supplementary and additional to the •sub- division and soning regulations of this Code shall be read and eeaserwd as an integral part of said.regulations and the land development patterns and controls established thereby. it is the Intent of the City Council of Palm Desert to protect life and' ' i property= promote the general welfare; enhance and improve the I physical environment of «he community; and preserve. subject to economic feasibility. the natural scenic character of the City of Pals Desert. In administering these provisions, the following goals should be respected; .01 Insuring that future development of lands, particularly In the hilly areas of the City of Pals Desert, occurs in the manner most compatible with surrounding areas and so as to have the least adverse effect upon other persons or lands, or upon the general public; .02 Insuring that soil will not be stripped and removed from lands in the more scenic parts of the City, leaving the same barren. unsightly, unproductive. and subject to erosion and the hazards of subsidence and faulty drainage; .03 Encouraging the planning design and development of build- iag sites in such fashion as to provide the maximum in safety with bomsa enjoyment, *file adapting development to and taking advantage of the best use of the natural terrains .t iboouraging and directing special attention -toward the retaining, insofar u practical, the natural planting, the maximum' Number of existing eras, and the natural character of the hillside ssoas. ;a. �� � �. 11.1•! AeEinitiona K" IM lellaving w tda and phrases, when used in this Chapter, *all 6e construed as defined in this sections "Appurtenant Structures" shall mean man-made structures re- lated to and necessitated by the proposed grading, and shall include, but not be limited to. paved drainage ditches, inlet structures, lined channels, culverts, outlet structures and retaining walls. "City" shall mean the City Council of Palm Desert, or the Building Official acting directly or through authorized agents. "City Building Official" shall mean the Director of Building & Safety, City of Palm Desert. "City Engineer" shall mean the City Engineer of the City of Palm Desert or his designated representative. "Compaction" shall mean the densification of a fill. "Contractor" shall mean a contractor licensed by the State of California to do work covered by this Article. A contractor may be authorized to act for a property owner in doing such work. "Director" shall mean the Director of Environmental Services, City of Palm Desert. "Embankment" shall mean a deposit of earth. sand, gravel, rock, or and .:her material which is deposited, placed, pushed, dumped. pulled :-ansported or moved to a new location by man. ',excavation or Cut" shall mean any earth, sand, gravel, rock or any similar material which is cut into, dug, quarried, uncovered, removed. displaced. relocated or bulldozed by man, and the condi- tions resulting therefrom. "Upansive Soils shall mean any soil which swells more than three (3) percent when prepared and tested by an approved method. "Fill" shall mean any act by man by which earth, sand, gravel, rock or any other similar material is deposited, placed, pushed, palled or transported, and shall include the conditions resulting tbWafron. "Orada" shall moan the elevation and cross -sections established for the finished surface. All grades shall be based upon the offieial datum of the City of Palm Desert. 27.1 (2) •yk � • i 1 yF�< i 1. [ '1 ' : *&*AIW shall mean any excavating or filling or combination f ;.:' ttm f and shall inelnde the land on its excavated or filled �titiene. "Land Alteration" shall msen the making of excavations and aa�banlssento on private property avd the construction of slopes, drainage structures, fences, and other facilities incidental thereto, where it is necessary to safeguard life, limb, health, property, and public welfaro by regulating and controlling the design, con- struction and quality of materials. "Natural Slope" shall mean the predominant slope or slopes of land in its original condition prior to any grading. "Natural Terrain" shall mean the original topography of a site prior to any grading. "Permittee" shall mean any person to whom a permit is issued pursuant to this Article. "Private Contract" shall mean an agreement between a property owner and a qualified contractor to do land alteration work. "Private Engineer" shall mean a civil engineer registered by the State of California. A private engineer may be authorized to act for a property owner in doing work covered by this Article. "Property Owner" shall mean the owner of real property which will be benefitted by the proposed land alteration work and who wakes application to do such work. "Public Improvements" shall mean publicly owned construction, structures of facilities in the public right-of-way designed for the public use, safety or general welfare. "Public sights -of -way" shall mean public easements or dedi- cations for streets alleys and/or other use. "Public Property" shall mean property owned in fee by the City,or dedicated for public use. "aloes" shall wean the inclined exposed surface of a fill, excavation or sutural terrain. "Soils =nginser" shall mean a registered civil engineer who svb•its evidence to the satisfaction of the City Engineer thats 27.1 (3) . 1 Saw' �Y r "< 1. Me to engaged in the practice of civil engineering and spends a "Jority of his ties in the field of applied *oil nsehanies and foundations engineering. !. He he:: -at least four years of responsible practical experience in the field of applied soil mechanics. 3. He maintains an adequately equipped soils testing laboratory. 4. He is qualified to make the investigations and de- terminations, render the reports and opinions and perform the duties of a soil engineer as required by this Article. "Standard Drawings and Specifications" shall mean the latest version of such standards that have been adopted by the City of Pals Desert as standards for use within the City. "Uncontrolled Embankment" shall mean any embankment constructed as land alteration on which no soil testing was performed or no compaction reports or other soils reports were prepared or submitted. L�J y Nmerai ReguirementaJor_tand Alteration i Per+sit Required , The following conditions shall apply to land alteration Mork, ,GI No person, either as property owner, contractor, private engineer, or otherwise, shall do or shall cause to be done any land alteration work without having obtained a permit to do such work. .02 All work done in land alteration shall be done in accor- dance with the conditions of the required permit, and shall conform to.the approved plans, standard drawings, specifications, and general conditions as may be determined by the City Engineer to be appli- cable to the work. .03 A separate permit shall be required for each noncontiguous site. .04 This Article shall not affect the.requirements of any other Article of the City Code requiring permits, fees, or other charges, including those for sewer and services, or affect any Q provisions concerning.the granting of franchises. .05 Unless provision is otherwise made for an agreement pursuant to Section 27.2-4.02 of this Section shall apply: .05.01• In the event the City is required to place, replace or maintain a City -owned facility within a public right-of-way over which the property owner has done land alteration work, the property owner shall pay the City that portion of the cost of placement, replacement or maintenance caused by the construction, or existence of the owner's land alteration work, .03.02 The property owner shall pay the City for all the cost of placing, replacing or maintaining a City -owned facility within a public right-of-way when the City's facility has failed as a result of the construction or existence of the owner's land alteration work. .05.03 The costs of placing, replacing or maintainins the City -owned facility shall include the cost of obtaining a Asoessary alternate easadwnt. 27.2 (1) ^.,.� ls+eeial Reauireaents for land Alteration 1` I%& fallowing spacial requirements shall apply to land alteration Morkk .01 All slopes to be constructed in connection with land development shall be designed for proper stability after carefully considering such geological factors and soil properties which may affect that stability. The design of all slopes shall not be steeper than two (2) horizontal to one (1) vertical in fill or one and one-half (14) horizontal to one (1) vertical in cut and shall be substantiated with a report by the Soils Engineer, certifying that he has investigated the property and that in his opinion the proposed steeper slope will not endanger any public or private property. .02 Unless otherwise specified on the permit, all embankment for land alteration shall be compacted in conformance with the provisions of the Standard Specifications. Unless otherwise stated in the permit, a soils engineer shall be responsible for the in- spection and testing of the embankment work and inspection of excavations. The soils engineer shall file with the City Engineer, upon completion of the work, a report certifying that inspections and tests were made during the grading, and that in his opinion all embankments and excavations are in accordance with the provi- sions of this Chapter and the permit and are acceptable for their intended use. .03 All land alteration work in the hillside area as shown as a hillside overlay on the official Zoning Map on file in the office of the Director shall be approved through the Conditional Use permit procedures as specified in Chapter 25 before a permit to be=in work may be issued by the City. .04. Where, in the opinion of the City Engineer, the con- struction of an uncontrolled embankment would not be contrary to the public interest or welfare, a permit for such land alteration say be issued provided that the plans clearly indicate the limits of the uneontroliad embankment to be constructed and an agreement at eovenant of restriction has been executed as required in this Article, and recorded in the Office of the County Recorder. 27.2 (2) ,03 tf, dftitl the *railing operation$ expansive soil is fbaed within two (2) feet in cut or three (3) feet in fill of the finished lot grade of any area intended or designed as the location for a building, the permittee shall cause such expansive soil to be renored from such building area to a minima depth approved by the Wilding Official or as certified by a soils report and replaced with non -expansive soil properly compacted, provided, however, the City Engineer may, upon receipt of a report by a Soil Engineer certifying that he has investigated the property and•recoemending a design of footings or floor slab or other pro- cedure that in his opinion will alleviate any problem created by such expansive soil. waive the requirement that such expansive soil be removed and replaced with non -expansive soil. .06 All land alteration shall take into consideration the effect on surrounding property. Particular attention shall be given in the design to the protection of views from adjoining property across the area to be graded. If in the opinion of the City Engineer. views will be substantially damaged by the proposed grading, he shall refer the proposed grading plan to the Design Review Board for conceptual approval. No permit shall be issued until conceptual approval is obtained. Sec. 27.2-3 Land Alteration Standards Except as herein provided. all work in connection with land alteration shall be done in accordance with the latest revised J standards of the City of Palm Desert. .Such drawings, specifications, I and general conditions are on file in the office of the City Clerk and shall be kept for public distribution in accordance with established fee schedules. In connection with land alteration work, deviations from the requirements of these standards will be permitted based upon written reports and recommendations by qualified and recognized authorities subject to review and approval by the City Engineer. , S.m. 27.2-4 LAA Alterat_ igM Prior to Subdivision of Frovertv A subdivider of land required to do land alteration work as the result or condition of the approval of the tentative map shall pwfom such work under one of the following procodurest 27.2 (3) • • 01 ftbdivtatoe Qradiug Undet Standard Land Alteration hermit. Should the subdivider desire to do certain land alteration Mork peter to entering into an agreement with the City to install and complete all subdivision and land alteration work, he may make application to do so under a standard land alteration permit. This application shall be accompanied by detailed plans and specifications based upon the approved tentative map and in conformity with the provisions of Section 27.2-2 and'27.2-3 of this Chapter. A schedulo and estimate based upon such plans and specifications shall accompany the application. This permit shall be acted upon by the City Engineer. .02 Subdivision Grading.Under Agreement for Completion of Improvements. Should the subdivider desire to do certain land alteration work in conjunction and concurrently with installation and con- struction of required improvements, he may enter into an agreement with the City of Palm Desert to make, install and complete all improvements and land alterations in accordance with approved plans and specifications. Prior to any construction of improvements and/or land alter- ation, the subdivider shall have complied with and performed the following requirements: .02.01 Subdivider shall file with the City Engineer detailed plans and specifications (or statement that work will be accomplished in accordance with the standards and specifications of the City) approved by the City Engineer and an estimate of time reasonably necessary to complete the same. .02.02 Subdivider shall enter into an agreement with the City to make, install and complete within the time fixed by the City Engineer but in so case more than two (2) years from the date of execution of said agreement, all improvements and land . alteration in accordance with the approved plans and shall cause to bi filed with the City Clark, a faithful performance surety payable to the City of Palm Desert which shall insure the per- fermanoe of said agreement and the completion of the said improvements and land alteration. The subdivider shall addi- • 27.2 (4) ttaial file Mith the City Cierk.• • 1f payment bond to insure to the benefit of those persons entitled to the protection of Part 111, Title IV, Chapter i1 of the Code of Civil Procedure. A cash deposit or letter of credit acceptable to the City Attorney may be submitted in lieu of bonds herein - before described. Bonds and other forms of guarantees shall be in full conformity with the requirements for subdivision guarantees as set forth in Chapter 26, Subdivisions. See. 27.2-5 Land Alteration work Incidental to a Buildings or Structure An owner of land or duly licensed contractor desiring to do land alteration work incidental to and in connection with the con- struction of a building or structure shall present an application and obtain a land alteration permit prior to the obtaining of a building permit. The Building Official of Palm Desert may suspend any building permit where it is found that land alteration is being done or has been done without a land alteration permit until a land alteration permit is issued. The City will not certify to the completion of a building where land alteration work has been done until a land alteration permit is obtained and certified as complete. Sec. 27.2-6 Land Alteration Affecting Public Improvements Where, in the course of alteration of private property, adja- cent public improvements are damaged, removed, disconnected, or dislocated. the property owner shall, at no cost to the City, repair or replace such public improvements to the satisfaction of the City Engineer. Where, in the course of alteration of private property, a driveway is abandoned and is no longer suited for vehicular use. the property owner shall remove the depressed curb section and apron and restore the right-of-way to the standards normally required. TM City Engineer shall notify the property owner of such aboadonment or damage and the property owner shall take corrective action within thirty (30) days of such notice. The City Engineer is sepowero0 to procsss such violations affecting the public 27.2 (S) !�y '��.� jjT'1 �. � +fir � • � A4 J: AkI Y:: ti�t�lMf-imp lend geeeral welfare as a uiedw asnor as specified in Section 17.6-4. The City shall not certify to the completion of a building or other permitted work where a notice has been isev" and corrective action has not been taken. an. 27.1-7 Protection of Public Right-of-way and Property Durinst Land Alteration During the construction of,iand alteration. the Contractor and the property owner shall take all necessary measures to protect adjacent property and public right-of-way from damage which may ' result from the work and to provide the necessary fences, and barricades to eliminate any hazard to the public in their normal use of such property or right-of-way. In addition to the requirements of the Standard Specifications. fences shall be provided adjacent to the top of the excavation in accordance with the provisions herein where the slope is one (1) foot horizontal to one (1) foot vertical or steeper. Such fences or barricades shall be sub- stantially constructed and shall be properly maintained as long as the hazard resulting from the excavation exists. Where a slope is created adjacent to the public right-of-way or other publicly -used property. and the top of slope exceeds ten (10) feet in height, a forty-eight (48) inch high approved fence shall be erected at the top of slope. The City Engineer may modify or delete the above requirements where it is evident that the land alteration work will present no hazard po the adjacent property or public right-of-way. Sec. 27.2-8 Nuisance Prevention The permittse shall take such steps as are reasonably necessary to prevent creation of a nuisance, including but not limited to spillage, dust, erosion and noise control. 9". 27.2-9 Qualifications to do Work - Contractor Every person doing land alteration shall meet such qualifications as may be determined by the City EnSinser to be necessary to protect the publio interest. The City may require an application for qualification which shall contain all information necessary to determine the person's qualifications to do the land alteration. 27.2 (6) tempt as etbllrwiae provided herein, all land alteration shall be perbroad by a aoetraator. vho has been duty licensed by the y. state. seo. 11.2-10 Qualifications -to-do stork - Property Owner Amy person occupying property as his own home or constructing a house to be occupied as his own home may present an application to do land alteration work on his own property. Any work authorized by permit as a result of a property owner's application shall be supervised or performed personally by the property owner. Persons applying for a property owner's permit to do land alteration work shall furnish a cash deposit or surety bond, in an amount determined to be the actual cost of the work to be done as determined by the Building Official. Sec. 27.2-11 Hazards Whenever the City determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability or a public right-of-way or drainage channel, the owner of the property upon which the excavation or fill is located, I or other person or agent in control of said property, upon receipt of notice in writing from the City shall within the period speci- fled therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the require- sents of this Code. . V :.,, ...�. !).y1 Lam! Alterations 1bce+n�t Land alteration will be exempt from regulation under this t: eattion of the City Code when it conforms to the following descrip- tten provided, hwever, that whenever a portion of a land alteration project fails to comply with any one of the exemption provisions of this section, other than subsection (.04) herein; the entire project shall be considered as non-exempt land alteration: .01 The depositing of materials in any disposal area operated or licensed by the City. .02 The making of excavation on any site or contiguous sites held under one ownership, which produces a final cut face not exceeding three (3) feet in vertical depth at any one point, and does not result in the movement of more than fifty (50) cubic yards of material. and in which the cut face does not extend below the angle of repose at natural slope of the soil as measured from a point one (1) foot inside the exterior property line. .03 The making of embankment on any site or contiguous sites held under one ownership, in which all of the following are found to exist: .03.01 None of the embankment exceeds three (3) feet in vertical depth; .03.02 None of the embankment is placed on a slope steeper than five (5) horizontal to one (1) vertical; .03.03 The embankment does not change or adversely affect the existing drainage pattern; .03.04 The toe of the embankment is no closer than three (3) feet to an exterior property line= and .03.05 The total volume of embankment does not exceed fifty (SO) cubic yards. .04 'Excavation for foundations of buildings, structures, basements, cellars, swimming pools, or basins which are authorised by sapropriate permits obtained from the Building Division; provided such escavation does not affect public property or rights -of -way and so public interest is involved. 27.3 (1) x .= lwendatiens, as refs rnd to herein o shall not be construed to include foundations for retaining wells, drainage structures, or other structures appurtenant to the land alteration. .03 feeavation or embankment performed by a governmental agency. franchise holder or their contractor incidental to the construction of roadways, pipelines, or utility lines within their rights -of -way or within public rights -of -way. .06 Cemetery graves. .07 Excavations for wells or tunnels or utilities. .08 Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property. .09 Exploratory excavations under the direction of Soils Engineers or engineering geologists. The above exceptions shall not affect the applicability of this Chapter to nor the requirement for a land alteration permit for any embankment or excavation or work done at another site where material is transported to or from above projects. '��_�� "��.d�(:Lt li.� bOND_RL�Q11iREMBfIT9 �: spa, t7.4.1 Qan" drat .01 Nhera land alteration work or any excavation exempted from land alteration involves excavation adjacent to the right - of -my -in excess of six (6) feet with a slope of one (1) foot horisontal to one (1) foot vertical or steeper, the City Engineer say require a Special Bond to indemnify the City against damage to the improvements within the right-of-way which may result from such excavation on land alteration. The amount of the Special Bond t_ shall be determined by the City Engineer and such bond shall remain in force and effect until the excavation and land alteration have been completed, the lateral support for the slope, if required, has been constructed. and it has been determined by the City Engineer that the adjacent improvements are no longer in jeopardy. .02 The Special Bond shall be conditioned upon the payment to the City of any costs incurred by the City in repairing, restoring, or replacing improvements which may be damaged as a result of the adjacent excavation or land alteration. Procedures for notice, performance of work, and payment to the City where such work is performed by the City shall conform to Section 27.4-2.01 provided, however, where delay in repair to the improvements would constitute a hazard to the public or to other improvements within the immediate area, the City Engineer may perform such emergency work as may be required and shall recover the cost thereof from the principal and surety of the bond. Sec. 27.4-2 Private Contract Performance Bond Persons performing private contract work under a permit issued in accordance with this Chapter shall furnish a bond or cash deposit or instrument of credit executed by the owner or by tha Constractor, or both, as principal in accordance with the followin= provisionsi The performance bond shall be issued by a surety company authorised to do business in the state of California and shall be approved as to fors by the City Attorney. The bond shall be in 27.4 (1) how of the City abd shall be conditioned upon the completion, teee of liens, of the -work authorised by the permit in accordance with the requirements of this Chapter and the conditions prescribed by the permit. .01 The bond shall be conditioned upon the payment to the City of any costs incurred by the City or its agent in completing the required work or performing work necessary to leave the site in a non -hazardous condition. Whenever the City Engineer finds that a default has occurred in the performance of any term or condition of work authorized by a permit he shall give written notice of such default to the principal and surety of the bond. Such notice shall state the work remaining to be done, the estimated cost of completion and the time estimated by the City Engineer to be necessary for the completion of the work. After the receipt of such notice, the principal or the surety must, within the time specified, either complete the work satisfactorily or deposit with the City an amount equal to the City Engineer estimate of the completion cost plus an additional sum equal to 25% of such cost. .02 In the event that the principal or surety fails to complete such work within the time specified in the notice, or fails to deposit the estimated cost plus 25% with the City, the Building Official may cause the required work to be completed. The principal and the surety shall be liable for the cost of completing such work. .03 If the principal or surety deposits the estimated cost plus 25% as not forth in the notice, the City Engineer shall cause the'required work to be completed. The unexpended money shall be returned to the depositor at the completion of such work, together with an itemized accounting of the cost. The principal and surety shall hold the City blameless from any liability in connection with the work so performed by the City or contractor employed by the City. The City shall not be liable in connection with such ; weak ether than for the expenditure of said =may. .04 In lieu of a bond, the permittee may post a cash deposit with the City finance Office in an amount equal to the required 27.4 (2) a•1 r mod. ;: Nott" of default as provided above shah be &Ivan to the principal OW it the default is not corrected within the time .4� specified. the City anginear shall proceed without delay and ! vithout farther notice of proceedings whatever to use the cash deposit or any portion of such deposit to complete the required work. The balance. if any. of such cash deposit shall, upon the completion of the work, be returned to the depositor, or to his eve ossors or assigns after deducting the cost of the work. .05 No performance bond under the provisions of this Chapter shall be required from the State of California, or any of its political subdivisions or any governmental agency. .06 A contractor working for the State of California, or any of its political subdivisions or any governmental agency, shall present a performance bond unless proof is submitted that the work is covered by a bond insuring to the benefit of the State or Agency. .07 Every bond or other performance guarantee shall include conditions that the permittee shall: .07.01 Comply with all provisions of this Ordinance. .02.02 Comply with all terms and conditions of the land alteration permit. .07.03 Complete the land alteration work within the time limit specified in the land alteration permit. Sec. 27.4-3 Bond Amount The amount of the bond covering a specific job shall be established by the City Engineer, and.shall not exceed the amounts listed herein. Notice A cancellation shall be sent to the City Engineer. .01 Appurtenant Structures - 100% of the estimated cost of retaining Malls, drainage facilities or other grading appurtenances. .02 Orading and slope planting - 25% of the estimated cost or $10,000 whichever is less. This amount say be varied by the Building Official to fit conditions which are unusual in his opinion. 27.4 (» f Y �'�°f .;, �r}.k; .JIR1'tCtx :i.s AbNI1fi8TRATi011 . I". Responsibility 1U City Engineer shall enforce the provisions of this Chapter. lh say delegate to the City Building Official such authority for the administration of this chapter as he may deem appropriate. .01 He shall, upon application by qualified persons, issue permits in connection with land alteration when all applicable conditions established by this Chapter for such permits have been set. He may attach such conditions as he deems appropriate to protect health, safety, and Welfare. .02 He shall cause land alteration being done without a permit to be stopped until a permit has been obtained. He may require that such work done without a permit be removed or corrected at the expense of the responsible person. Where land alteration work involves an embankment improperly constructed or constructed without adequate testing, he shall cause such embankment to be reconstructed or. in lieu thereof. shall cause a declaration of improper land alteration to be recorded in the office of the County Recorder. .03 He shall inspect all work done in connection with land alteration to insure compliance with the provisions of this Chapter and shall certify when such work is properly completed. .04 He shall determine the extent, type and requirements of land alteration work requested, the type of application and permit required and the fees applicable under the provisions of this Chapter. .OS When the nature of the work requested is such that it cones within the requirements of, or affects the operation of any other department or division of the City, he shall obtain and consider the recommendations of such departments or divisions In determining the disposition of the application. He shall deny applications which, in his judgment, are not in the interest of the public -health. safety,or general welfare. or do not constitute it reasonable use of land as indicated by the existing zoning or as approved load use plan. 27.3 (1) S ba: y,• . � .1 ram,':•' ', ,•�'.':*•�. 1 i 1k rMn 2%0 City tttlitt"r may canal a permit a ... r, the plans to be aaended when it is in the int�rit� health, safety and welfare and under any of the f ."^ .06.01 Upon request of the permittee. .06.02 The facts are not as presented l,y t}, application. .06.03 Work as constructed or as propoay.l t creates a hazard to public health, safety, r, Sec. 27.5-2 Applications for permits Applications for permit authorizing land ali shall be made in accordance with procedures estal City. .01 Applications shall be accompanied by si. specifications, schedules and estimates as mny 17, City Engineer in determining the nature and extet. and the applicable fees. All applications for 1: permits shall require a permit application and f& .02 Detail plans shall be prepared on mates Q size and in the manner designated by the City in for distribution in the Office of the City Enrint .03 Detailed plans and specifications for 7 shall include but not be limited to: .03.01 A vicinity sketch or other data adgt, the site location. .03.02 A plot plan showing the location of boundaries, lot lines, and public and privat lines. .03.03 A contour map showing the present cc land and the proposed contours or grid elevr+ .03.04 Location of any buildings or structa, land alteration boundaries, and the locstior or structure on adjacent property which is V feet of the land alteration boundary. .03.05 Typical sections showing details car out and fill slopes. t t 1 i 27.3 (2) 03.06 Adequate plans of all • drainage devicess wails, or other preteetive devicas to be constructed in connection with, or as a result of the proposed work, together with a map showing the drainage area of land tributary to the site and S'• the estimated runoff of the area served by any drainage devices. .03.07 An estimate of the quantity of excavation and fill imrolvad; quantities relative to construction of appurtenant structures= estimate of cost; and estimated starting and completion dates. .03.08 A statea.snt or plan indicating in detail the type of erosion control proposed. .03.09 A soils investigation may be required to correlate surface and sub -surface conditions with the proposed land alteration plan. The results of the investigation shall be presented in soil report by a Soils Engineer which shall include, but need not be limited to, data regarding the nature, distribution, and strength of existing soils and rock on the site; the Soils Engineer's conclusions and recommendations for grading requirements, including the correction of weak or unstable soil conditions and treatment of any expansive soils that may be present and his opinion as to the adequacy of building sites to be altered by the proposed land altera- tions operations. The Soils Engineer shall provide an engineering geology report by an engineering geologist when required. .03.10 Such other information or data as may be required. Sac. 27.5-3 Special Investigations When proposed work or inquiries concerning the public rights - of -way necessitates investigation or preliminary engineering studies to be performed by the City, the City Engineer may require a special Investigation application and fee. Special Investigation tees shall be in addition to other fees for permits or permit appli"...tions and shall be in an amount sufficient to cover the cost of said investigation. See. 27.5-4 (Reserved) 27.5 (3) `�A r+ -�� ci' �i.d - �-1►l1D YI0111libNs Ise. 17.6•1 Qomoutation and parent 16" shall be in accordance with the current fee schedule as way be adopted from time to time by Council Resolution. fort excavation and fill on the same site. the fee shall be based an the volume of excavation or fill, whichever is greater. If it is determined that the volume of excavation or fill incident to the grading is greater than the volume on which the land alteration fee was initially computed, the applicant shall pay any additional fee based upon the recomputed volume of excavation or fill: The estimates shall be made or verified by the City Engineer. Fees required by this Division shall be collected by the City Finance Officer. No permit shall be issued and no land alteration shall be permitted until the applicable fees have been received by the City Finance Officer. .01 The State of California or any of its political sub- divisions or any governmental agency shall file applications for permits and shall be issued permits as required'by this Chapter. No fees shall be required when the work is done by persons working directly for the State or Agency. .02 A contractor working for the State of California, or any of its political subdivisions or any governmental agency, shall obtain a permit and pay the permit fee. See. 27.6-2 Refunds In the event a permit fee refund is requested by psrmittee and the City Engineer has determined that it is in the public interest to allow the permittee to abandon the work. he shall cancel the permit and refund fees only in accordance with the following schedule: sewaty-five (75) percent of the fee for a land alteration permit shall be refundable if so inspections have been done by the City wed the work is abandoned. 27.6 (1) r 4 v lea% fot riiIUre to Obtain a {; Land Alteration Permit "£ to the went that land altetnt...m work is commenced without `4 b mefit of a land alteration permit, the City Engineer shall cause such work to be stopped until a permit is obtained. The permit fee in such instance shall be double that which would normally be :squired. The payment of such double fee shall not relieve any person from fully complying with the requirements of this Ordinance in the performance of the work. Such fee shall not be construed to be a penalty, but shall be construed as an added fee required to defray the expense of enforcement of the provisions of this Ordinance in such cases. The imposition or payment of such double fee shall not prevent the imposition of any penalty prescribed or imposed by this Ordinance. See. 27.6-4 Violation Any land alteration commenced or done contrary to the pro- visions of this Ordinance shall be, and the same is hereby declared to be, unlawful and a public nuisance. Upon order of the City Q Council. the City Attorney shall commence necessary proceedings for the abatement removal and/or enjoyment of any such public nuisance in the manner provided by law. Any failure, refusal or neglect to obtain a permit as required by this Ordinance shall be prima facie evidence of the fact that a public nuisance has been com- mitted in connection with any land alteration commended or done eontary to the provisions of this Ordinance. See. 27.6-4 Appeals The applicant may appeal in writing any decision of the City Zaginew or his authorised agent to the City Council within fifteen (15) calendar days of the decision. 27,6 (2)