The following sections and subsections of the California Building Code Appendix J Sections J101 through J114 are hereby added and/or amended to read as follows:
A. CBC Appendix J, Section J101.1 entitled "Scope" is hereby amended to read as follows:
The provisions of this chapter apply to grading, excavation and earthwork construction, including fills and embankments. Where conflicts occur between the technical requirements of this chapter and the geotechnical report, the geotechnical report shall govern. In addition, the designs of the work as described above need to meet the recognized and accepted civil and geotechnical engineering practices and principles.
B. CBC Appendix J, Section J101.3 entitled "Enforcement Authority" is hereby added to read as follows:
The City Engineer shall have the authority for the enforcement of CBC Appendix J and any amendments thereto. The words "Chief Building Official" as hereinafter used shall mean City Engineer.
C. CBC Appendix J, Section J101.4 entitled "Hazardous Conditions" is hereby added as follows:
Whenever the Chief Building Official 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 of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Chief Building Official, shall within the period specified therein repair or eliminate such excavation or embankment to eliminate the hazard and to be in conformance with the requirements of this code.
D. CBC Appendix J, Section J103.2 of the California Building Code is hereby amended to read as follows:
J103.2 Exemptions:
A grading permit shall not be required for the following:
1. Grading in an isolated, self-contained area provided there is no danger to the public and that such grading will not adversely affect adjoining property. A determination of exemption per this section shall be made by the City Engineer.
2. An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than 5 feet (1524mm) after the completion of such structure.
3. Cemetery graves.
4. Refuse disposal sites controlled by other regulations.
5. Excavations for wells or trenches for utilities.
6. Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by other regulations, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property.
7. Exploratory excavations performed under the direction of soil engineers or engineering geologists.
8. A fill less than 1 foot (305mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope), or a cut less than 3 feet (914mm) in depth, not intended to support structures, or does not exceed 50 cubic yards (38.3m) on any one lot and does not obstruct a drainage course.
9. Grading by public agencies or their agents, in connection with construction or maintenance of roads or facilities for the generation, storage, or transmission of water including flood waters or water for the purpose of producing electrical energy.
10. Grading performed by disking or plowing for agricultural purposes in connection with the preparation of soil for crop or animal use.
Exemption from the permit requirements of this Appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter or any other laws or ordinances of the City.
E. CBC Appendix J, Section J104.5 entitled "As Built Plans" is hereby added to read as follows:
The permittee shall provide a copy of as-built plans to the City for a permanent record at the end of the approved grading work.
F. CBC Appendix J, Section J105.1 of the California Building Code is hereby amended to read as follows:
Inspections shall be governed by Section 110, Chapter 1, Division II of this code and requirements established, by approved policies and procedures of the Engineering Division. An engineer shall provide grading inspections and certifications for the work.
G. CBC Appendix J, Section J109.4 of the California Building Code is hereby amended to have the following sentences added at the end of the section:
For Single Family Lot Drainage
1. Whenever possible, drainage from single family lots shall flow directly to a street.
2. If it should be determined necessary to allow offside drainage to flow through a single-family lot (to preserve down lot views, aesthetics, accept flow from offsite property, etc.), the following shall apply:
a. Drainage from only one lot shall flow through only one other lot.
b. A drainage easement shall be provided/obtained over the lot accepting the drainage.
c. The drainage shall be contained within either a concrete/rock lined swale or a reinforced concrete pipe.
d. The drainage facility shall be designed with excess capacity to account for the probable lack of necessary maintenance. Therefore, it shall be designed to convey two times the runoff from a 100-year storm with the minimum diameter for a pipe being 12 inches.
H. CBC Appendix J Section J110.3 entitled "Temporary erosion control during construction", is hereby added to read as follows:
The permittee shall put into effect and maintain all precautionary measures necessary to protect adjacent watercourses and public or private property from damage by erosion, flooding, and deposition of mud or debris origination from the site during the grading operation regardless of lot size.
I. CBC Appendix J Section J112 entitled "Protection of adjacent property" is hereby added to read as follows:
During grading operations, the permittee shall be responsible for the prevention of damage to adjacent property and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property without supporting and protecting such property from settling, cracking, or other damage which might result.
J. CBC Appendix J Section J113 entitled "Dust control" is hereby added to read as follows:
The owner of the site or the project contractor shall put into effect and maintain all precautionary measures necessary to prevent dust blowing from the site to adjacent properties. Prior to the permit issuance, dust control sign and required contact information as required by the department's policy shall be installed at the site.
(Ord. 2950, 2022: Ord. 2901, 2019)