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Each adjacent owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement as provided by law, Section 832 of the California Civil Code is contained in Appendix G of the grading manual. (Ord. 48, 1990)
Where an excess of one thousand (1,000) cubic yards of earth per project site is moved on public roadways from or to the site of an earth grading operation, all the following requirements shall apply:
A. Either water or dust palliative or both must be applied for the alleviation or prevention of excessive dust resulting from the loading or transportation of earth from or to the project site on public roadways. The permittee shall be responsible for maintaining public rights-of-way used for handling purposes in a condition free of dust, earth, or debris attributed to the grading operation.
B. Loading and transportation of earth from or to the site must be accomplished within the limitations established in Section 15.12.210 of this grading code.
C. Access roads to the premises shall be only at points designated on the approved grading plan.
D. The last fifty (50) feet of the access road, as it approaches the intersection with the public roadway, shall have a grade not to exceed three percent. There must be three hundred (300) feet clear, unobstructed sight distance to the intersection from both the public roadway and the access road. If the three hundred (300) feet sight distance cannot be obtained, flagmen shall be posted.
E. A stop sign conforming to the requirements of the California Vehicle Code shall be posted at the entrance of the access road to the public roadway.
F. An advance warning sign must be posted on the public roadway four hundred (400) feet on either side of the access intersection, carrying the words “truck crossing.” The sign shall be diamond shape, each side being thirty (30) inches in length, shall have a yellow background, and the letters thereon shall be five inches in height. The sign shall be placed six feet from the edge of the pavement and the base of the sign shall be five feet above the pavement level. The advance warning sign shall be covered or removed when the access intersection is not in use. (Ord. 48, 1990)
A. A fee for each grading permit shall be paid to the city official prior to issuance of a grading permit as approved by resolution of the city council and as provided in Subarticle 6 of the grading manual.
B. Failure to pay fees and obtain a permit before commencing work shall be deemed a violation of this code, except when it can be proven to the satisfaction of the city official that an emergency existed which made it impractical to first obtain the permit. A violation shall result in an assessment of double permit fees for work done prior to permit issuance. Payment of a double fee shall not relieve any person from fully complying with the requirements of this code nor from any other penalties prescribed herein.
C. Additional fees approved by resolution of the city council and contained in Subarticle 6 of the grading manual shall be paid as required to the city official. (Ord. 48, 1990)
If the city official performs emergency work on private property, he shall charge the property owner all direct and indirect costs which are necessary to complete the work to his satisfaction. In addition, the building official may charge a mobilization cost equal to ten percent of the cost for performing the work. (Ord. 48, 1990)
A. Bonds Required. A grading permit shall not be issued unless the permittee shall first post with the city official a bond executed by the owner and a corporate surety authorized to do business in the state of California as a surety in an amount specified in Subarticle 7 of the grading manual. The bond is required to assure that the work, if not completed in accordance with approved plans and specifications, will be corrected to eliminate hazardous conditions. This requirement may be waived at the discretion of the city official if he determines that:
1. No hazardous situation is likely to occur as a result of incomplete or improper grading; or
2. No adverse effect is likely to occur to subject property, adjacent property or an existing or proposed structure thereon as a result of incomplete or improper grading; or
3. No significant drainage, erosion, flooding or siltation problems will exist as a result of incomplete or improper grading; or
4. No adverse geological or environmental impacts will occur as a result of incomplete or improper grading; or
5. No conditions of the permit warrant a financial guarantee to assure their satisfactory completion.
B. Extended on Continuing Securities. On developments where progressive individual grading projects or several concurrent projects are being constructed by one owner, a continuing (blanket) bond or single letter of credit which will cover all such projects may be accepted and the amount determined by the city official.
C. Additional Bonding. An additional cash bond in an amount determined by the city official may be required to ensure the completion of finish grading under the permit as a condition of occupancy and energizing utilities. A bond in an amount determined by the city official may be required for permits involving temporary earthen stockpiles to ensure their timely removal.
D. Failure to Complete Work. In the event of failure to comply with all of the conditions and terms of the permit, the city official may order the work authorized by the permit to be completed or put in a safe condition to his satisfaction. The surety executing such bond or deposit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended in causing any and all such work to be done. In the case of a cash deposit, said deposit or any unused portion thereof, shall be refunded to the permittee.
E. Default in Performance of Conditions. Whenever the city official finds or determines that a default has occurred in the performance of any requirement of a condition of a permit, written notice thereof shall be given to the principal and when applicable, to the surety on the bond. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the city official to be reasonably necessary for the completion.
After receipt of such notice, the surety shall, within the time specified, cause or require the work to be performed, or failing therein, shall pay over to the city official the estimated cost of doing the work as set forth in the notice. Upon receipt of such moneys the official may cause the required work to be performed and completed. The surety shall pay the city official actual costs in excess of the estimate amount plus a mobilization charge specified in Section 15.12.270 of this code. (Ord. 48, 1990)
Cut slopes shall be no steeper than two horizontal to one vertical (2:1) unless otherwise recommended in the soil engineering or engineering geology report and approved by the city official. The slope of cut surfaces shall be no steeper than is safe for the intended use. (Ord. 48, 1990)
A. Unless otherwise approved by the city official and recommended in the approved soil engineering report, fills shall conform to Subarticle 9 of the grading manual. The provisions therein may be waived, for minor fills not intended to support structures, upon written request by the applicant on a form prescribed by the city official.
B. The city official may require that the soil tests or testing be performed by an approved testing laboratory.
C. Fill slopes shall be no steeper than two horizontal to one vertical (2:1) unless otherwise recommended in the soil engineering or engineering geology report and approved by the city official. The slope of fill surfaces shall be no steeper than is safe for the intended use. (Ord. 48, 1990)
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