Sec. 7-3.08. Permit requirements.
   (a)   Plans and specifications. With each application for a grading permit and when required by the City Engineer for the enforcement of any provision of this chapter, three (3) sets of plans shall be submitted. Except as waived by the City Engineer for minor grading, the plans shall be prepared and signed by a civil engineer, soils engineer, and, where applicable, engineering geologist, and/or landscape architect, and shall show the following:
   (1)   A vicinity sketch or other data adequately indicating the site location;
   (2)   The property lines and dimensions and bearings of the property on which the work is to be performed;
   (3)   The location of any existing buildings or structures on the property where the work is to be performed and the location of any building or structure on the land of adjacent property owners, which building or structure is within fifty (50’) feet of the property boundary;
   (4)   On all parcels of land where oak or landmark trees, protected by the provisions of Article 42 or Article 43 of Chapter 4 of Title 9 of this Code, are present, grading shall take place in a manner to insure the survival and health of all such trees, except for those as to which removal is expressly allowed. The location of any oak or landmark trees shall be precisely depicted on the plan, indicating the location of the exact center of the trunk after a field survey by a licensed surveyor. The trees shall be permanently marked with numbered tags at a location three (3’) feet above the natural grade in a manner acceptable to the Public Works Director. The plan shall indicate such tag number for each tree, the diameter of the trunk of each tree, the existing ground elevation of the downhill side of the tree, a specific reference to its habit of branching (i.e., low branching restricting movement to the southeast), and the ground plane projection of the natural drip line of the tree as determined by a physical survey. The plan shall indicate the proposed disposition of each such tree. Where any tree, other than one as to which removal will be permitted, will be affected by grading, the details for retaining walls, drains, pruning, trimming, and the establishment of a drip line with respect to each such tree shall be prepared by a licensed landscape architect and be included with the grading plan. No grading or activity detrimental to the health of such tree shall take place within an established drip line of the tree. Prior to the commencement of grading, fences shall be constructed around the established drip line of all such trees. The purpose of such fences shall be to prevent grading, heavy equipment work, and the storage or dumping of materials within the established drip lines of such trees. Grading or other site work within the established drip line shall be only as authorized by the approved grading plan and shall be supervised and approved by a landscape architect in attendance continuously during the progress of the work. Fences may be temporarily removed or omitted, upon the approval of the City Engineer, to facilitate such authorized work. All such work shall comply with the approved details to protect the tree. Where trees could be affected by a grading operation, a field orientation meeting shall take place prior to the commencement of the work when deemed necessary or desirable by the City Engineer. The purpose of such meeting shall be to communicate the approved methods of grading and tree preservation to all parties involved with the grading operation. Such meeting should include the City Engineer or his authorized representative, a representative of the Community Development Department, the permittee, or his authorized representative, the landscape architect, and the soils engineer;
   (5)   Accurate topography showing suitable contours of the existing ground. The contours shall be extended past the boundary lines of any project for a minimum of one hundred (100’) feet. The City Engineer may require the contours to be extended to include the watershed area and all other areas influencing the proposed development;
   (6)   The elevations, dimensions, locations, extent, and slopes of all proposed grading shown by contours or other means;
   (7)   A certification of the quantity and type of material of the excavation and fill involved and the estimated starting and completion dates;
   (8)   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 estimated runoff of the area served by the drains. All hydrologic and hydraulic calculations shall be signed by a civil engineer;
   (9)   Any additional plans, drawings, or calculations required by the City Engineer; and
   (10)    An indication as to the type of structure to be constructed or proposed use of the site, such as single-family residence, multiple, commercial, or industrial.
   (b)   Modifications of approved plans. All modifications of approved grading plans shall be approved in writing by the City Engineer. All required soils and geological reports shall be submitted with the revised plans. No grading work in connection with the proposed modifications shall be permitted without the prior written approval of the City Engineer.
   (c)   Soils engineering reports. The City Engineer shall require a soils engineering investigation, based upon the most recent grading plan. Such report shall include data regarding the nature, distribution, and strength of existing soils, conclusions and recommendations for grading procedures, design criteria for corrective measures, or such other criteria as required by the City Engineer. All such reports shall be prepared and signed by a registered soils engineer, and all such reports shall be subject to the approval of the City Engineer.
   (d)   Engineering geological reports. Prior to the issuance of a grading permit, the City Engineer may require an engineering geological investigation, based upon the proposed grading plan. The engineering geological report, prepared and signed by an engineering geologist, shall include an adequate description of the geology of the site and the conclusions and recommendations regarding the effect of the geological conditions on the proposed development.
   All such reports shall be subject to approval by the City Engineer. Supplemental reports and data may be required by the City Engineer if deemed necessary. The recommendations included in the report and approved by the City Engineer shall be incorporated into the grading plan. Reports shall be required for all hillside developments. Other developments designated by the City Engineer may be required to submit reports.
   (e)   Development permits and tract map requirements. No grading permit shall be issued unless an appropriate development permit or other development entitlement has been approved, and a grading plan has been approved. Moreover, no grading permit shall be issued unless adequate bonds have been approved and accepted by the Public Works Department guaranteeing completion of the grading. As a condition of any entitlement to develop land, the decision-making body may limit the height, angle, and design of any cut or fill slope and may impose standards, such as contour grading (rounding off the tops of slopes) and extensive landscaping (above that required by the provisions of Section 7-3.24 of this chapter) to mitigate any adverse environmental impact created by any project.
   (f)   Hillside exploratory regulations. Surface and subsurface exploratory work shall be performed by a soils engineer and an engineering geologist approved by the City Engineer on all hillside grading work, except where waived by the City Engineer. Such exploratory work shall be performed for the purpose of obtaining detailed information on which the soils engineer and the engineering geologist shall base recommendations for grading. The work shall be based upon a detailed, accurate topographic base map prepared by the registered civil engineer or land surveyor. The map shall be of suitable scale and shall cover the area to be graded, as well as adjacent areas which may be affected by the grading. The map shall include the existing and proposed contours, the locations of streets, pads, slopes, and structures, and pertinent elevations.
   (1)   The engineering geologist’s and soil engineer’s exploratory work should be conducted at locations considered most likely to reveal any subsurface weakness which may lead to landslide, slump, or settlement failures. It is recommended that an investigation be conducted where the stability will be lessened by the grading or where any of the following conditions are discovered or proposed:
   (i)   At fault zones where past land movement is evidenced by the presence of fault gouge;
   (ii)   At contact zones between two (2) or more geologic formations;
   (iii)    At zones of trapped water or high water table quite often associated with the conditions set forth in subsections (i) and (ii) of this subsection;
   (iv)   At bodies of intrusive materials;
   (v)   At historic landslides or where the topography is indicative of prehistoric landslides;
   (vi)   At adversely sloped bedding planes, short range folding, overturned folds, and the like;
   (vii)    At locations where a fill slope is to be placed above a cut slope;
   (viii)    At proposed cuts exceeding twenty-five (25’) feet in height, unless in competent rock or less heights in rock of questionable stability;
   (ix)   At the locations of all proposed fills;
   (x)   Where any side hill fills are proposed;
   (xi)   Wherever water from rainfall, irrigation, private sewage disposal systems, or other probable sources from both the grading project and adjoining properties is likely to reduce the subsurface stability;
   (xii)    Where the proposed grading may adversely affect the existing or future stability of adjoining properties; and
   (xiii)   At known fracture zones.
   The investigation shall be sufficient to outline the problems and solutions to the problems set forth in this subsection.
   (2)   The soils engineer and engineering geologist shall submit written reports of their findings to the permittee or the civil engineer. Such reports should include, but not necessarily be limited to, the following data, based upon detailed surface and subsurface investigations:
   (i)   The engineering geologist’s report should include a detailed geologic map showing bedrock, soil, alluvium, faults, shears, prominent joint systems, lithologic contacts, seeps or springs, soils or bedrock slumps, landslides or failures, and other pertinent geologic features existing on the proposed grading site. Geologic cross sections, prepared to reasonably depict anticipated geologic substructure, shall also be included in sufficient numbers and details. The report should also include detailed logs of all borings, test pits, or other subsurface data obtained during the course of the investigation. The subsurface exploration should extend to sufficient depth into the bedrock to expose the deepest rock affecting the proposed grading. The report should include specific details and observations for the soils engineer’s use in the analysis of the stability of cut slopes in zones of shallow or perched subsurface waters that may affect slope stability.
   (ii)   The soils engineer’s report should include a map of the proposed grading site showing the locations of all subsurface exploratory test pits or borings. Detailed logs of the test pits or borings, including the approximate locations of all soil or rock samples taken for laboratory testing, should also be included. In addition, laboratory test results, soil classifications, shear strength characteristics of the soils, and other pertinent soil engineering data should be presented.
   Sufficient cross sections and cut and fill slope stability analyses should be included to substantiate recommendations concerning the vertical height and angle of all slopes on the project.
   Other aids in exploratory work may be used, but subsurface exploratory work sufficient to support the findings should be performed. Both the engineering geologist’s and soil engineer’s reports should describe the grading project as to its location, topographic relief, drainage, geologic and soils types present, the grading proposed, and the effects of such grading on the site and adjoining properties and shall contain specific conclusions concerning the feasibility and anticipated future stability of the overall project and an analysis of the property on a lot by lot basis. Specific recommendations for the correction of all known and/or anticipated geologic hazards on the grading project shall be included.
   Recommendations included in the report and approved by the City Engineer shall be incorporated into the grading plan or specifications.
   (g)   Revised grading plans. If the soil or other conditions are not as stated in the application for a grading permit, the City Engineer may suspend the grading permit until approval is obtained of a revised grading plan.
   (h)   Waivers. The City Engineer may waive the requirement for a contour map or subsurface exploration as required by the provisions of this section if it is determined to be unnecessary, but the work shall conform to the provisions of this chapter and other relevant laws.
   (i)   Excavations for test purposes. Excavations made for test purposes shall be restored to a condition reasonably approximating the original condition, including the replacement of the natural landscaping.
   (j)   Import or export of fill materials. The source of the material to be used for fill or the location to which excavated material will be removed, or both, shall be identified.
(§ 2, Ord. 156-NS, eff. August 27, 1970, as amended by § I, Ord. 534-NS, eff. June 19, 1975, § VI, Ord. 757-NS, eff. September 4, 1980, § 1, Ord. 861-NS, eff. May 22, 1981, § 1, Ord. 867-NS, eff. October 5, 1984, § V, Ord. 1475-NS, eff. February 22, 2007, § 31, Ord. 1555-NS, eff. May 13, 2011, and Part 16, Ord. 1610-NS, eff. January 15, 2016)