Section J112 of Appendix J of the 2022 Edition of the California Building Code, is hereby added to read as follows:
SECTION J112
GRADING PERMIT ISSUANCE
J112.1 General. The provisions of Section J104 are applicable to grading permits. No person shall do or cause or permit to be done, on any property under such person’s control, any grading work between the first day of October of any year and the 15th day of April of the following year unless there shall have been first provided on the property to be graded all of the temporary or permanent protective devices, installations, and measures required to be shown on the plans for such work by Section 105, with the exception of such grading work as may be necessary to provide said protection. No person in control of any such required protection shall fail to maintain it in such a condition that it will continue to serve its purpose in the same manner as, or better than, when it was installed. No person shall remove, damage or destroy, or cause or permit to be removed, damaged or destroyed, except for repair, improvement or replacement, any such required protection without a written permit from the Building Official certifying that such protection is no longer reasonably needed.
J112.2 Performance Bond. A grading permit shall not be issued for work which, if not completed in accordance with the approved plans and specifications, is likely to result in a hazardous condition, unless the permittee shall first file with the Building Official an agreement in writing executed by the applicant together with a performance bond in an amount sufficient to cover the cost of storm protection devices and corrective work necessary to remove and eliminate all hazards.
J112.3 Liability Bond. Where the work referred to in Section J112.2, above, may expose adjacent private or public property to damage or cause injuries or death to others, the agreement and performance bond shall be accompanied by a certificate of insurance, verifying Comprehensive General Liability Policy with minimum combined single limits of $500,000 per occurrence or insured’s current limits, whichever is greater. The City of Fullerton shall be endorsed as an additional insured on the policy and said policy shall not be materially changed or terminated without a minimum of thirty (30) days’ notice in writing to the City.
J112.4 Cash Deposit. Where the grading permit approves the export of excess material away from the site of grading, or approves the import of material to the site, the Permittee, in addition to compliance with Sections J1113.2 and J113.3, above, shall, prior to grading permit issuance, obtain in written form from the Director of Public Works, a permit for such export or import, which permit shall:
1. Set standards and criteria for the hours of operation, routes to be taken, and traffic control, detour, and safety measures to be undertaken during the export or import operations;
2. Require the Permittee to clean up and remove all spillage or deposits of dirt, mud, silt, or other materials or debris resulting from the grading and export or import;
3. Require as a guarantee of said cleanup and repair of any City right-of-way improvement damaged during grading or hauling, the deposit of a cash bond, in an amount equal to $500 or 5% of the valuation of the export and/or import yardage. The amount required for this bond may be adjusted as deemed necessary by the Director of Community Economic Development or the Director of Engineering. All or any part of said amount may be used by the City to clean up or repair City streets and easements should the Permittee fail to do as required above. This cash deposit, less any City expenses and costs, shall be returned to the Permittee upon satisfactory completion of the grading work described on the grading permit, together with the City’s release of any bonds or securities held therefor.
J112.5 Form. Such agreement performance bond, liability bond or certificate of insurance, and export/import permit and cash bond shall be in a form, and executed in a manner, approved by the City Attorney before acceptance thereof by the Building Official.
J112.6 Review. Review all proposed grading shall be reviewed by the Director of Community and Economic Development, Planning Commission, and/or City Council, as applicable for conformance with the intent and specific requirements of this Section. Unless specifically waived by the Planning Commission or City Council because of specific physical constraints or unaesthetic results, failure to suitably conform to the intent or requirements of this Section shall be cause for denial of the proposed grading or of the proposed project of which the proposed grading is a part. Notwithstanding any other provision of this Chapter, any such denial by the Director of Community and Economic Development is appealable to the Planning Commission, and any such decision of the Planning Commission is appealable to the City Council. The decision of the City Council shall be final and shall make reference to Sections 1094.5 and 1094.6 of the California Code of Civil Procedure.
J112.7 Contoured Grading.
J112.7.1 Definition.
Contour or landform grading utilizes variable slopes designed to simulate the appearance of and blend into the surrounding natural terrain.
J112.7.2 Purpose. The purpose of this Section is to preserve the natural terrain, quality, environment and aesthetic character of the City, while encouraging creative innovative and safe residential development with a variety of housing types. This section applies to hillside grading where the City desires that new grading and construction blend into the existing hillside environment.
J112.7.3 Design Objectives. In hillside areas characterized by steep topography and wildlife habitat, slopes shall be landform graded. Said landform grading shall utilize individually designed, creative and innovative techniques to as nearly as possible simulate natural landforms, including variable horizontal and vertical slope ratios, contour grading, planter pockets, “swale” and “knob” landforms, extensively rounded “corners”, “blending” with the natural terrain where applicable, undulating (both vertically and horizontally) terraces where applicable, and camouflaged down drains. Innovative land planning, such as single-loaded streets with split level or “upside down” housing is also encouraged.
(Ord. 3316 § 1 (part), 2022).