Ord 1647 - Deleting application of Chapter 70 of the Uniform Building Code and adding Chapter 36 to the Los Gatos Town Code entitled "Grading, Erosion, and Sediment Control"ORDINANCE NO. 1647
AN ORDINANCE OF THE TOWN OF LOS GATOS DELETING
APPLICATION OF CHAPTER 70 OF THE UNIFORM BUILDING CODE
AND ADDING CHAPTER 36 TO THE LOS GATOS TOWN CODE
ENTITLED "GRADING, EROSION AND SEDIMENT CONTROL"
The Town Council of the Town of Los Gatos does ordain as follows:
Section 1.
Section 7.02.010 of the Town Code is hereby amended as follows:
Section 7.02.010. Uniform Building Code Adoption
The Uniform Building Code, 1932 Edition, with Appendix Chapters 7,
Part I, Part II, 32, 35, 49, 55, and 57 with modifications and omissions
provided in Sections 7.02.020 through 7.02.040 of this article, is adopted
by reference.
Section 2.
Chapter 36 of the Los Gatos Town Code is hereby enacted as follows:
CHAPTER 36
GRADING, EROSION AND SEDIMENT CONTROL
Article I
Title, Purpose and General Provisions
Sec, 36.01.010 Title. This Chapter shall be known as the "Town of Los Gatos
Ong, Erosion and Sediment Control Ordinance" and may be so
cited.
Sec. 36.01.015 Purpose. The purpose of this Chapter is to promote and protect the
puu ric interest by regulating land disturbances, land fill and soil
storage in connection with the clearing and grading of land for
construction. The intent of this Chapter is to establish
administrative procedures, minimum standards of review and
implementation and enforcement procedures for the protection and
enhancement of the water quality of watercourses, water bodies and
wetlands, natural and man -made, by controlling erosion,
sedimentation, increases in surface runoff and related environmental
damage caused by construction - related activities; and to ensure that
the intended use of a graded site is consistent with the Town of Los
Gatos General Plan, any specific plans adopted thereto and
applicable Town of Los Gatos ordinances including the Zoning
Ordinance.
Sec. 36.01.020 Definitions. When used in this ordinance, the following words shall
nave t e meanings ascribed to them in this section:
(a) Agricultural Operation: Any land related activity for the
purpose of cultivating or raising plants or animals or
conserving or protecting lands for such purposes when conducted
on agriculturally zoned lands when such activity is not
determined by the Town Engineer to be surface mining, borrow
pit operations, preparation for construction, construction of
any structure for human occupancy, potentially hazardous, or
likely result in excessive erosion or sedimentation.
(b) Applicant: Any person, corporation, partnership, association
of any type, public agency or any other legal entity who
submits an application to the Town for grading or landscaping.
(c) Bedrock: The solid undisturbed rock in place either exposed at
the ground surface or beneath surficial deposits of loose rock
or soil.
(d) Bench: A relatively level step excavated into sloping natural
ground on which engineered fill or embankment fill is to be
placed.
(e) Best Management Practice (BMP): A technique or series of
techniques which, when utilized in a designated manner, is
proven to be effective in controlling construction- related
runoff, erosion and sedimentation.
(f) Civil Engineer: A professional engineer registered as a Civil
Engineer by the State of California.
(g) Compaction: The increase of density of a soil or rock fill by
mechanical means.
(h) Cut: See Excavation.
(i) Depth of Fill: The vertical dimension from the exposed fill
surface to the original ground surface.
(j) Depth of Excavation (cut): The vertical dimension from the
exposed cut surface to the original ground surface.
(k) DRC: The Development Review Committee of the Town of Los
Gatos.
(1) Embankment: See Fill.
(m) Encroachment Permit: A written permit authorizing certain work
within a publicly maintained right -of -way.
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(n) Engineering Geologist: A registered geologist certified as an
Engineering Geologist by the State of California.
(o) Engineering Geology: The application of geologic knowledge in
the investigation and evaluation of naturally occurring rock
and soil for use in the design of civil works.
(p) Erosion: The wearing away and transporting of earth material
as a result of the movement of wind, water or ice.
(q) Excavation (Cut): The removal of naturally occurring earth
materials by mechanical means, and 'includes the conditions
resulting therefrom.
(r) Existing Grade: The elevation of the ground surface at a given
point prior to excavating or filling.
(s) Expansive Soil: Any soil which exhibits significant expansive
properties as determined by a Geotechnical Engineer or the Town
Engineer.
(t) Fill (Embankment): The deposit of soil, rock or other
materials placed by man and includes the conditions resulting
therefrom.
(u) Final Erosion and Sediment Control Plan: A set of measures
designed to control surface runoff and erosion and to retain
sediment on a particular site after all other planned final
structures and permanent improvements have been erected or
installed.
(v) Finish Grade: The final grade of the site after excavating or
filling which conforms to the approved final grading plan. The
finish grade is also the grade at the top of a paved surface.
(w) Geologic Hazard: Any condition in naturally occurring earth
materials which may endanger life, health or property.
Geologic hazards include, but are not limited to: faults;
existing or potential landslides, mudslides, or rock falls;
weak, expansive or creeping soil; subsidence; earthquake
induced shaking, ground movement, ground failure or
liquefaction; and seiche or tsunami inundation.
(x) Geotechnical Engineer: A Civil Engineer registered by the
State of California who is qualified in the field of soil
mechanics and soil engineering.
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(,y) Geotechnical Engineering: The application of the principles of
soil mechanics in the investigation, evaluation and design of
civil works involving the use of earth materials and may
include the inspection, testing and construction thereof.
(z) Grading: Any land excavation, or filling or combination
thereof, or the removal, plowing under or burial of vegetative
ground cover.
(aa) Grading Plan: A plan prepared in accordance with this Chapter
showing grading and related work.
(bb) Grading Work: Grading and related work, including, but not
limited to, drainage improvements and erosion and sediment
control.
(cc) interim Erosion and Sediment Control Plan: A set of measures
designed to control surface runoff and erosion and to retain
sediment on a particular site during the period in which
pre - construction and construction- related land disturbances,
fills and soil storage occur.
(dd) Keyway: A special backfilled excavation which is constructed
beneath the toe area of a planned fill slope on sloping ground
to improve the stability of the slope.
(ee) Land Disturbance /Land Disturbing Activities: Any human
activity moving or removing the soil mantle or top 6 inches of
soil whichever is shallower.
(ff) Land Fill: Any human act'iv'ity depositing soil or other earth
materials.
(gg) Landscape Architect: A landscape architect registered by the
State of California.
(hh) Lot: See Parcel.
(ii) Owner: The legal owner or - the person shown as the legal owner
of the property on the latest equalized assessment roll in the
Office of the County Assessor.
(jj) Parcel (Lot): Land described as a lot or parcel in a recorded
deed or shown as a lot or parcel on a subdivision map or parcel
map on file in the County Recorder's Office.
(kk) Permit: A written grading permit issued pursuant to this
Chapter.
(11) Permittee: Any person to whom a permit is issued pursuant to
this Chapter.
(mm) Person: Any person, firm, corporation or public agency whether
principal, agent, employee, or otherwise.
(nn) Rainy Season: The period of the year during which there is a
substantial risk of rainfall. For the purpose of this Chapter,
the rainy season is defined as from October 1 to April 1,
inclusive.
(oo) Rough Grade: The stage at which the grade approximately
conforms to the approved plan. It is also the subgrade
required for construction of a road or other paved surface.
(pp) Sediment: Any material transported or deposited by water,
including soil and debris or other matter.
(qq) Site: Any lot or parcel of land or combination of contiguous
lots or parcels of land, whether held separately or jointly
together in common ownership or occupancy, where grading is to
be performed or has been performed.
(rr) Slope: An inclined ground surface the inclination of which may
be expressed either as the ratio of horizontal distance to a
unit vertical distance, or as a percentage determined by
dividing the vertical distance by the horizontal distance.
(ss) Soil: All earth material of any origin that overlies bedrock
and may include the decomposed zone of bedrock which can be
excavated readily by mechanical equipment.
(tt) Terrace: A relatively level step constructed in the face of a
graded slope surface for drainage, maintenance or other
purposes.
(uu) Town: The Town of Los Gatos.
(vv) Town Engineer: The Town Engineer of the Town of Los Gatos,
California, acting either directly or through his authorized
representatives.
(ww) Watercourse: Any natural or manmade channel flowing
continuously or intermittently in a definite direction and
course and any basin used for the holding, delay or storage of
waters, which functions at any time to convey or store storm
water runoff.
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Article II
General Requirements
Sec. 36.02.010 Grad %n2 Permit Re quired. Except for the exemptions listed
hereinafter, no person may grade or do grading work or perform any
other land- disturbing or landfil1ing activity without first
obtaining a Grading Permit.
Sec. 36.02.015 Exemptions
(a) General Exemptions: A person performing any land disturbing
activity need not apply for a Grading Permit, if all the
following criteria are met:
(1) Natural and finished slopes are less than 10 %.
(2) Volume of soil or earth materials stored is 50 cubic yards
or less;
(3) The activity results in the diversion of rainwater runoff,
either during or after construction, from an area smaller
than 5,000 square feet;
(4) An impervious surface, if any, of less than 4,000 square
feet is created;
(5) No drainage way is blocked or has its storm water carrying
capacities or characteristics modified;
(6) No land - disturbing or filling activities occur within 100
feet of a watercourse.
(b) Specific Exemptions: Section (a) notwithstanding, a person
performing the following activities need not apply for a
Grading Permit:
(1) Projects which have excavations (a) less than 2 feet in
depth, or fills less than one foot in depth placed on
natural terrain with a slope flatter than five horizontal
to one vertical, or fills less than 2 feet in depth, not
intended to support structures, and that do not obstruct
drainage courses, and which include - the following:
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H) Less than 50 cubic yards of graded material (combined
total of cut and fill).
(ii) The removal of vegetation from an area less than 1,000
square feet.
(iii) Do not create unstable or erodible slopes as determined
by the Town Engineer.
(c) Grading done by or under the supervision or construction
control of the Town.
(d) Excavations within the perimeter of a building, swimming pool
(pool only), retaining wall footing, or other structure
authorized by a valid building permit.
(e) Grading necessary for agricultural operations unless such
grading will create a cut or fill whose failure could endanger
any structure intended - For human or animal occupancy or any
public road, or could obstruct any watercourse or drainage
conduit or cause any significant erosion as determined by the
Town Engineer.
(f) Trenching and grading incidental to the construction or
installation of approved underground pipe lines, on land having
a slope less than 10 %, drilling or excavation for approved
wells if the land is restored to its original contour and
condition, including reseeding or otherwise restoring
vegetation on all disturbed earth surfaces immediately after
such grading work is completed.
(g) Excavations for soil or geological investigations by a
Geotechnical Engineer or Engineering Geologist if the land is
restored to its original contour and condition including
reseeding or otherwise restore vegetation on all disturbed
earth surfaces immediately after the investigation.
(h) Maintenance of existing firebreaks and roads to keep the
firebreak or road substantially in its original condition.
(1) Routine cemetery excavations and fills.
(j) Performance of emergency work necessary to protect life or
property when an urgent necessity therefor arises. The person
performing such emergency work shall notify the Town Engineer
promptly of the problem and work required and shall apply for a
permit therefor within ten calendar days after commencing said
work and shall comply with all conditions of such permit.
Exemption from the requirement of a permit shall not be deemed to be
permission to violate any provision of this Chapter.
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Sec. 36.02.020 Gra ding. No person shall do or permit to be done any grading in
sum a manner that quantities of dirt, soil, rock, debris, or other
material substantially in excess of natural levels are washed,
eroded, or otherwise moved from the site, except as specifically
provided for by a permit.
Sec. 36.02.025 Water Obstruction. No person shall do or permit to be done any
grading w Rc may obstruct, impede or interfere with the natural
flow of storm waters, whether such waters are unconfined upon the
surface of the land or confined within land depressions or natural
drainage ways, unimproved channels or watercourses, or improved
ditches, channels or conduits, in such manner as to cause flooding
where it would not otherwise occur, aggravate any existing flooding
condition or cause accelerated erosion except where said grading is
in accordance with all applicable laws, including but not limited to
permit requirements.
Sec. 36.02.030 Safe2uardin2 of Watercourses. Any proposed grading work which could
result in a connection or discharge into or modification of the flow
of a watercourse may, at the discretion of the Town Engineer,
require a Grading Permit.
Sec. 36.02.035 Construction in Public Ri ht -of -Way. No person shall perform any
grading work w thin t e ri g t- o -way of a p u b l i c road or street, or
within.a public easement, without prior approval of the Town
Engineer.
Sec. 36.02.040 Hazards. Whenever the Town Engineer determines that any grading on
private property constitutes a condition which is a hazard to public
safety, endangers property, adversely affects the safety, use or
stability of adjacent property, or an overhead or underground
utility, or a public way, watercourse or drainage channel, or could
adversely affect the water quality of any water bodies or
watercourses, the owner of the property upon which the condition is
located, or other person or agent in control of said property, upon
receipt of notice in writing from the Town Engineer shall, within
the period specified therein, abate such condition and render the
grading in conformance with the requirements of this Chapter. The
Town Engineer may require the submission of plans or soil or
geological reports, detailed construction recommendations, or other
engineering data prior to and in connection with any corrective or
proposed work or activity.
Sec. 36.02.045 Administration. This Chapter shall be administered by the Town
ngineer artment.
Article III
Procedures
Sec. 36.03.010 Filing. Applications for permits shall be filed with the Town
ngzneer on forms furnished by his office. Each application shall
include a plan checking fee and other fees as required, preliminary
or final grading plans and a statement of the intended use of the
site. The Town Engineer shall determine whether the application is
complete in accordance with provisions of Article IV herein and may
require additional information from the applicant before accepting
the application as complete.
Sec. 36.03.015 Referral to Other Public Agencies. The Town Engineer may refer an
app icatlon to other interested public agencies for their
recommendations.
Sec. 36.03.020 Permit Conditions.
(a) Where a proposed grading project requires the filing of a
tentative map or the intended use requires approval of a
discretionary zoning permit, no grading permit shall be granted
prior to approval by the applicable planning authority.
(b) The permit shall be limited to work shown on the grading plans
approved by the Town Engineer. In granting a permit, the Town
Engineer may impose any condition deemed necessary to protect
the health, safety and welfare of the public, to prevent the
creation of a nuisance or hazard to public or private property,
and to assure proper completion of the grading, including but
not limited to:
(1) Mitigation of adverse environmental impacts.
(2) Improvement of any existing grading or correction of any
existing grading violation to comply with the standards of
this Chapter.
(3) Requirements for fencing or other protection of grading
which would otherwise be hazardous.
(4) Requirements for dust, erosion, sediment and noise
control, hours of operation and season of work, weather
conditions, sequence of work, access roads and haul
routes.
(5) Requirements for safeguarding watercourses from excessive
deposition of sediment or debris in quantities exceeding
natural levels.
In
(6) Assurance that the land area in which grading is proposed
and for which habitable structures are proposed is not
subject to hazards of land slippage or significant
settlement or erosion and that the hazards of seismic
activity or flooding can be eliminated or adequately
reduced.
(7) Temporary and permanent landscape plans.
Sec. 36.03.025 Permission of Other Agencies-or-Owners.- No permit shall relieve the
permittee o respons7 ,ty 'or securing other permits or approvals
required for work which is regulated by any other department or
agency of the Town, or other public agency, or for obtaining any
easements or authorization for grading on property not owned by the
permittee.
Sec. 36.03.030 Location of Property Lines. Whenever the location of a property
Fine or easement or the ale thereto is disputed during the
application process or during a grading operation, a survey by a
licensed Land Surveyor or Civil Engineer or resolution of title all
at the expense of the applicant may be required by the Town
Engineer.
Sec. 36.03.035 Time Limits.
(a) The permittee shall perform and complete all the work required
by the permit within time limits specified in the permit. If
the work cannot be completed within the specified time, a
request for an extension of time setting forth the reasons for
the requested extension shall be presented in writing to the
Town Engineer no later than 30 days prior to the expiration of
the permit. The Town Engineer may grant additional time for
the work.
(b) If all the permit work required is not completed within the
time limit specified in subsection (a) above, no further
grading shall be done without renewing the permit. A written
request for renewal shall be submitted to the Town Engineer who
may require a new application and fees depending on the time
between the expiration date and the renewal request, revisions
in Town regulations, or changed circumstances in the immediate
area. Any revised plan shall be submitted to the Town Engineer
for review, and any costs thereof shall be at the applicant's
expense.
Sec. 36.03.040 Validity. The issuance of a permit or approval of plans and
specifications shall not be construed as an approval of any
violation of the provisions of this Chapter or of any other
applicable laws, ordinances, rules or regulations; and shall not
prevent the Town Engineer from thereafter requiring the correction
of errors in said plans and specifications or from preventing work
being carried on thereunder in violation of this Chapter, or any
other applicable law, ordinance, rule or regulation. If any part of
this Chapter is found not valid, the remainder of this Chapter shall
remain in effect.
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Sec. 36.03.045 Nuisance Abatement. Neither this Chapter, nor any administrative
ruling made under it, limits:
(a) The power of the-Town/Council to declare, prohibit and abate a
nuisance; or
(b) The right of any person to maintain, at any time, any
appropriate action for relief against any private nuisance, or
for relief against any contamination or pollution.
Sec. 36.03.050 Ap��pe__a__l__s_..� Appeals from decisions pursuant to this Chapter shall be
Me - to the Town Council in writing setting forth the specific
grounds thereto within 10 calendar days from the date of such
decision.
Sec. 36.03.055 Alication. The application for a Grading Permit must include all
of the following items:
(a) Architecture and Site Approval number and date of approval.
(b) Grading Permit application form.
(c) Site map and grading plan.
(d) Erosion and sediment control plan.
(e) Soils and Geological Reconnaissance Report, where required (see
Sec. 36.03.075 -85).
(f) Work schedule.
(g) Fees.
(h) Performance bond or other acceptable security (see Sec.
36.03.100).
(i) Any supplementary material required by the Town Engineer.
(j) Construction details of special features, including but not
limited to, retaining walls, drainage structures and erosion
control devices, together with supporting calculations and maps
as required.
(k) Such supplemental information as required for processing and
approval of the design concept and the application as required
by the Town Engineer.
(1) Outline of the methods to be used in clearing vegetation, and
in storing and disposing of the cleared vegetative matter.
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(m) A projected schedule of operations, including, as a minimum,
the dates of:
(1) Commencement of work.
(2) Start and finish of rough grading.
(3) Completion of drainage facilities.
(4) Completion of work in any watercourse.
(5) Completion of erosion and sediment control facilities.
(6) Completion of hydromulching and other landscaping. If
rough grading is proposed between October 1 and April 15,
a more detailed schedule of grading activities and use of
erosion and sediment control facilities may be required.
Sec. 36.03.060 Erosion and Sediment Control Erosion and sediment control
p ans a as required by the own ngineer.
(a) The erosion and sediment control plan sheet not be a separate
sheet if all facilities and measures can be shown on the
grading sheets without obscuring the clarity of either the
grading plan or the erosion and sediment control plan.
(b) An erosion and sediment control plan shall be required
whenever:
1. The graded portion of the site includes more than 10,000
square feet of area having a slope greater than five
percent, or
2. There is a significant risk that more than 2,500 square
feet will be unprotected or inadequately protected from
erosion during any portion of the rainy season, or
3. Grading will occur within 20 feet of any water course, or
4. The Town Engineer determines that the grading will or may
pose a significant erosion or sediment discharge hazard
for any reason.
(c) The applicant shall submit, with his erosion and sediment
control plans, a detailed cost estimate covering this work.
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(d) Erosion and sediment control plans shall include an effective
revegetation - program to stabilize all disturbed areas which
will not be otherwise protected. All such areas where grading
has been completed between April 1 and September 15 shall be
planted by October 1. Graded areas completed at other times of
the year shall be planted within 15 days. If revegetation is
unfeasible or cannot be expected to stabilize an erodible area
with assurance during any part of the rainy season and the
unstable area exceeds 2,500 square feet, additional erosion and
sediment control measures or irrigation of planted slopes may
be required as appropriate to prevent increased sediment
discharge.
(e) Erosion and sediment control plans shall be designed to prevent
increased discharge of sediment at all stages of grading and
development from initial disturbance of the ground to project
completion. Every effort shall be made to ensure that site
stabilization is permanent. If grading occurs in distinct
phases or the site will remain unstable through more than one
rainy season, more than one set of plans may be required.
Plans shall indicate the implementation period and the state of
construction where applicable.
(f) Erosion and sediment control plans shall comply with the
recommendations of the Civil Engineer, Geotechnical Engineer,
Engineering Geologist, or Landscape Architect involved in
preparation of the grading plans.
(g) The structural and hydraulic adequacy of all storm water
containment or conveyance facilities shown on the erosion and
sediment control plans shall be verified by a Civil Engineer,
and he shall so attest on the plans. Sufficient calculations
and supporting material to demonstrate such adequacy shall
accompany the plans when submitted.
(h) Erosion and sediment control plans shall be designed with
sufficient flexibility to meet unanticipated field conditions.
(1) Erosion and sediment control plans shall provide for inspection
and repair of all erosion and sediment control facilities at
the close of each working day during the rainy season and for
specific sediment clean -out and vegetation maintenance
criteria.
(j) Erosion and sediment control plans shall comply with any and
all standards and specifications adopted by the Town Engineer
for the control of erosion and sedimentation on grading sites.
The Town Engineer may waive the requirement for an erosion and
sediment control plan if, in his opinion, no significant erosion or
sediment discharge hazard exists.
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Sec. 36.03.065 Final Erosion and Sediment Control Plan (F inal Plan The final
erosion and sediment control plans shall be as required by the Town
Engineer.
Sec. 36.03.070 Interim Erosion and Sediment Control Plan (Interim Plan). An
interim plan sRall Be require wen gra ing aut or ze under a valid
Grading Permit or Building Permit is started prior to October 1st of
any year and final erosion and sediment control measures are not in
place as required by the Final Plan. The interim plan shall be as
required by the Town Engineer.
(a) A delineation and brief description of the interim measures to
be undertaken to retain sediment on the site, including, but
not limited to, the designs and specifications for temporary
silt fences, berms and sediment detention basins, and a
schedule for their maintenance and upkeep,
(b) A delineation and brief description of the interim surface
runoff and erosion control measures to be implemented,
including, but not limited to, types and method of applying
mulches, and designs and specifications for temporary
diverters, dikes and drains, and a schedule for their
maintenance and upkeep,
(c) A delineation and brief description of the interim vegetative
measures to be taken, including, but not limited to, seeding
methods, the type, location and extent of pre - existing and
undisturbed vegetation types, and a schedule for maintenance
and upkeep;
(d) The location of all the measures listed by the applicant under
subsections (a), (b), and (c) above, shall be depicted on the
Site Map and Grading Plan.
(e) An estimate of the cost of implementing and maintaining all
interim erosion and sediment control measures must be submitted
in a form acceptable to the Town Engineer.
{f) A schedule indicating the times for commencement and completion
of the installation of the interim erosion and sedimentation
measures.
(g) Method(s) for removal of the interim erosion and sedimentation
control measures and restoration to natural grade or
conformance with Final Plan.
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Sec. 36.03.075 Soils and Geological Reconnaissance Re ort (Soils Re ort). A Soils
Report, w en requgre as a condition of approval of a evelopment
proposal shall be based on observation and tests of the material
exposed by exploratory borings or excavations and inspections made
at appropriate locations. Additional studies may be necessary to
evaluate soil and rock strength, the effect of moisture variation on
soil, bearing capacity, compressibility, expansiveness, stability
and other factors.
Sec. 36.03.080 Soils Report - General Requirements. Any soil or geologic
(a) Prior to approval of the permit, the applicant shall provide
security for the performance of the work described and
delineated on the approved Grading Plan, Final Erosion and
Sedimentation Control Plan and Interim Erosion and
Sedimentation Control Plan (if required), in an amount to be
set by the Town Engineer (but not to exceed 100 %) of the
approved estimated cost of the grading and erosion and
sedimentation control measures. The form of security shall be
one or a combination of the following to be determined by the
Town Engineer and subject to the approval of the Town Attorney:
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fnvestigatfon reports a e su 3ect to the approval of, and
supplemental reports and data may be required by the Town Engineer.
Recommendations included in the reports and approved by the Town
Engineer shall be incorporated in the final plans and
specifications.
Sec. 36.03.085
Soils Report - Specific Requirements. The soil or geologic
investigation report shall ave t e form and content required by the
Town Engineer.
Sec. 36.03.090
Work Schedule. The Applicant must submit a master work schedule as
required Town Engineer.
Sec. 36.03.095
Fees. The following fees are to be paid pursuant to a schedule of
Fees adopted, and amended from time to time by the Town Council:
(a) Permit processing and plan checking fee based on the estimate
of the cost of grading and erosion and sedimentation control
work.
(b) An inspection fee based on the estimate of the cost of the
grading and erosion and sedimentation control work.
(c) The permit processing and plan checking fee is due at the time
the permit application is submitted.
(d) The inspection fee shall be submitted prior to the approval of
the permit.
Sec. 3 6.03.100
Security.
(a) Prior to approval of the permit, the applicant shall provide
security for the performance of the work described and
delineated on the approved Grading Plan, Final Erosion and
Sedimentation Control Plan and Interim Erosion and
Sedimentation Control Plan (if required), in an amount to be
set by the Town Engineer (but not to exceed 100 %) of the
approved estimated cost of the grading and erosion and
sedimentation control measures. The form of security shall be
one or a combination of the following to be determined by the
Town Engineer and subject to the approval of the Town Attorney:
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(1) Bond or bonds issued by one or more duly authorized
corporate sureties on a form approved by the Town.
(2) Deposit, with the Town, money, negotiable bonds of the
kind approved for securing deposits of public monies, or
other instrument of credit from one or more financial
institutions subject to regulation by the State or Federal
government wherein said financial institution pledges
funds are on deposit and guaranteed for payment.
Sec. 36.03.110 Permit Duration. Permits issued under this Chapter shall be valid
Tor t e per oTa uring which the proposed land disturbing or filling
activities and soil storage takes place or is scheduled to take
place, whichever is shorter. Permittee shall commence permitted
activities within the scheduled commencement date for grading or the
Permittee shall resubmit all required application forms, maps,
plans, schedules and security to the Town Engineer. The Town
Engineer may require additional fees.
Sec. 36.03.115 Assi gnment of Permit. A permit issued pursuant to this Chapter may
ems' assig ° nec` , pro ° " v`Je:
(a) The Permittee notifies the Town Engineer of the proposed
assignment.
(b) The proposed assignee:
(1) Submits an application form pursuant to Sec. 36.03.055,
and
(2) Agrees in writing to all the conditions and duties imposed
by the permit, and
(3) Agrees in writing to assume responsibility for all work
performed prior to the assignment, and
(4) Provides security, and
(5) Agrees to pay all applicable fees.
(c) The Town Engineer approves the assignment prior to the assignee
beginning work on the project.
The Town Engineer shall set forth in writing the reasons for his
disapproval of an assignment.
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Article IV
'Design Standards
Sec. 36.04.010 Excavation. Excavations shall be constructed or protected so that
they aoo not endanger life or property.
Sec. 36.04.015 Excava Slo e. The slope of cut surfaces of permanent
excavations shall not be steeper than two horizontal to one vertical
exclusive of terraces and exclusive of soundings described herein.
Steeper slopes may be permitted in competent bedrock provided such
slope inclinations are in accordance with recommendations contained
in the geotechnical or geological report. The bedding planes or
principal joint sets in any formation when dipping towards the cut
face shall not be daylighted by the cut slope unless the soils and
geologic investigations contain recommendations for steeper cut
slopes. The Town Engineer may require the excavation to be made
with a cut face flatter in slope than two horizontal to one vertical
if necessary for stability and safety. Cut slopes shall be rounded
into the existing terrain to produce a contoured transition from cut
face to natural ground.
Sec. 36.04.020 Fill Placement. Fills shall be constructed in layers. The loose
thickness o? each layer of fill material before compaction shall not
exceed eight inches. Completed fills shall be stable masses of well
integrated.material bonded to adjacent materials and to the
materials on which they rest. Fills shall be competent to support
anticipated loads and be stable at the design slopes shown on the
plans. Proper drainage and other appropriate measures shall be
taken to ensure the continuing integrity of fills. Earth materials
shall be used which have no more than minor amounts of organic
substances and have no rock or similar irreducible material with a
maximum dimension greater than six inches.
Sec. 36.04.025 Fill Compacti All fills shall be compacted throughout their full
extent to a m! mum of 90 percent of maximum density as determined
by appropriate ASTM standard method or other alternate methods
approved by the Town Engineer. Tests to determine the density of
compacted fills shall be made on the basis of not less than one test
for each two -foot vertical lift of the fill but not less than one
test for each 1,000 cubic yards of material placed. Additional
density tests at a point approximately one -foot below the fill s - lope
surface shall be made on the basis of not less than one test for
each 1,000 square feet in slope surface but not less than one test
for each ten foot vertical increase of slope height. Additional
tests may be required throughout the fill as determined by the
inspector for the Town Engineer. All tests shall be reasonably
uniformly distributed within the fill or fill slope surface.
Results of such testing and location of tests shall be presented in
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the periodic and final reports. Compaction may be less than 90
percent of maximum density, as determined by the above test, within
six inches of the slope surface when such surface material is placed
and compacted by a method acceptable to the Town Engineer for the
planting of the slopes. Compaction of temporary storage fills, to
be used for a period of not greater than six months, shall not be
required, except where the Town Engineer determines that compaction
is necessary as a safety measure to aid in preventing saturation,
sliding, or erosion of the fill. Where compaction is required, it
shall be done as specified by the Town Engineer.
Sec. 36.04.030 Ground Preparation for Fill Placement. The natural ground surface
shall e prepared to receive fill By removing vegetation,
non - complying fill, top soil, and other unsuitable material, and
where slopes are five horizontal to one vertical or steeper, by
benching into competent material in a manner acceptable to the Town
Engineer. The keyway under the toe, if specified, shall be least
ten feet wide.
Sec. 36.04.035. Fill Slopes. The slope of permanent fills shall not be steeper than
two horizontal to one vertical exclusive of terraces and exclusive
of soundings described herein. The Town Engineer may require that
the fill be constructed with an exposed surface flatter than two
horizontal to one vertical or may require such other measures as he
deems necessary for stability and safety. Fill slopes shall be
rounded into existing terrain to produce a contoured transition from
fill face to natural ground or to abutting cut or fill surfaces
where conditions permit.
Sec. 36.04.040 Adjacent Structures Protection. Footings which may be affected by
any ekcavation_s hall be Underpinned or otherwise protected against
settlement and shall be protected against lateral movement. Fills
or other surcharge loads shall not be placed adjacent to any
building or structure unless such building or structure is capable
of withstanding the additional loads caused by such fill or
surcharge. The rights of coterminous owners shall be as set forth
in Section 832 of the Civil Code of the State of California.
Sec. 36.04.045 Setbacks - General. Unless otherwise recommended in a soil and
geologic investigation report, Figures 1 and 2 and Table 70c on
Pages 735 and 736 of the 1982 Uniform Building Code or said similar
provisions as provided for in adopted successor code shall be used
for establishing setbacks for property boundaries, buildings and
structures other than fences and retaining walls.
Sec. 36.04.050 Draina e - General. The drainage structures and devices required by
t 1s Chapter sia T'be designed and constructed in accordance with
standards and criteria authorized by the Town Engineer.
MO
Sec. 36.04.055 Draina e - Disposal Requirements. All drainage facilities shall be
designed to carry surface and subsurface waters to the nearest
adequate street, storm drain, natural water course or other
juncture, and shall be subject to the approval of the Town
Engineer. Drainage areas shall conform to patterns established by
the Town Engineer.
Sec. 36.04.060 Drainage - Water Accumulation. All areas shall be graded and
drained so that water will not pond or accumulate. Drainage shall
be effected in such a manner that it will not cause erosion or
endanger the stability of any cut or fill slope or any building or
structure.
Sec. 36.04.065 Drainage Protection of Adjoining Property. When surface drainage is
- M r scharged onto any adjoining property, Yt shall be discharged in
such a manner that it will not cause erosion or endanger any cut or
fill slope or any building or structure.
Sec. 36.04.070. Terrace Draaiin� Terraces at least eight feet in width shall be
est """aBlisF - ems not more than 25 feet in height intervals for all cut
and fill slopes exceeding 30 feet in height. Where only one terrace
is required, it shall be at approximately mid - height. Suitable
access shall be provided to permit proper cleaning and maintenance
of terraces and terrace drains. Swales or ditches on terraces shall
have a minimum depth of one foot, a minimum longitudinal grade of
four percent, a maximum longitudinal grade of twelve percent, and
must be paved with reinforced concrete not less than three inches in
thickness or an approved equivalent paving. Down- drains or drainage
outlets shall be provided at approximately 300 foot intervals along
the drainage terrace. Down - drains and drainage outlets shall be of
approved materials and of adequate capacity to convey the
intercepted waters to the point of disposal. If the drainage
discharges onto natural ground, adequate erosion protection shall be
provided.
Sec. 36.04.075 Subsurface Drain Cut and fill slopes shall be provided with
sub sur a a n� age as necessary for stability.
Sec. 36.04.080 Erosion and Sediment Control. The following shall apply to the
control o erosion and - sediment from grading operations:
(a) Grading plans shall be designed with long term erosion and
sediment control as a primary consideration.
(b) No grading operations shall be conducted during the rainy
season except upon a clear demonstration, to the satisfaction
of the Town Engineer, that at no stage of the work will there
be any substantial risk of increased sediment discharge from
the site.
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(c) Should grading be permitted during the rainy season, the
smallest practicable area of erodible land shall be exposed at
any one time during grading operations and the time of exposure
shall be minimized.
(d) Natural features, including vegetation, terrain, watercourses
and similar resources shall be preserved wherever possible.
Limits of grading shall be clearly defined and marked to
prevent damage by construction equipment.
(e) Permanent vegetation and structures for erosion and sediment
control shall be installed as soon as possible.
(f) Adequate provision shall be made for long term maintenance of
permanent erosion and sediment control structures and
vegetation.
(g) No top soil shall be removed from the site unless otherwise
directed or approved by the Town Engineer. Top soil overburden
shall be stockpiled and redistributed within the graded area
after rough grading to provide a suitable base for seeding and
planting. Runoff from the stockpiled area shall be controlled
to prevent erosion and resultant sedimentation of receiving
water.
(h) Runoff shall not be discharged from the site in quantities or
at velocities substantially above those which occurred before
grading except into drainage facilities whose design has been
specifically approved by the Town Engineer.
(1) Permittee shall take reasonable "precautions to ensure that
vehicles do not track or spill earth materials into public
streets and shall immediately remove such materials if this
occurs.
Sec. 36.04.085 Eme rgency Conditions. Should increased sediment discharge occur or
become mminent, permittee shall take all necessary steps to control
such discharge. Such steps may include construction of additional
facilities or removal or alteration of facilities required by
approved erosion and sediment control plans. Facilities removed or
altered shall be restored as soon.as possible afterward or
appropriate changes in the plan shall be immediately requested
pursuant to this Chapter. Permittee shall take prompt action to
resolve emergency problems; otherwise the Town Engineer may suspend
or revoke the permit.
S'd011
Article V
Implementation and Enforcement
Sec. 36.05.010 Gradi nq Permit
(a) The Grading Permit is issued subject to the conditions set
forth in this chapter.
(b) The Town Engineer shall enforce the permit through. any
procedures set forth in this chapter or by any other means
available at law or in equity.
Sec. 36.05.015. Issuance of Permits. The Town Engineer shall issue a Grading Permit
7 aut orfze by 59 Planning Commission and upon approval of a Site
Map and Grading Plan, Final Plan, Interim Plan, where required,
Soils Report, where required, deposit of appropriate security and
payment of fees. The Grading Permits shall be issued subject to the
following conditions:
(a) The Permittee shall maintain a copy of the permit, approved
plans and, required reports, on the work site and available for
public inspection during all working hours;
(b) The Permittee shall, at all times, be in conformity with
approved Site Map and Grading Plan, Interim and Final Plans.
Sec. 36.05.020 Im lementation of Gradin Permits-- Permittee's Duties. In addition,
vermittee s a :
(a) Notify the Town Engineer, at least twenty -four (24) hours
beforehand, of the beginning of land- disturbing or filling
activities or soil storage;
(b) Submit to the Town Engineer, reports on:
(1) the progress of or delays in land- disturbing or filling
activities or soil storage,
(2 ) any other departures from the approved Site Map and
Grading Plan which may affect implementation of the
Interim or Final Plans as scheduled,
(3) possible delays in obtaining materials, machinery,
services or manpower necessary to the implementation of
the Interim or Final Plans as scheduled,
(4) the progress of or delays in the implementation of the
Interim or Final Plans,
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(5) any other departures from implementation of the Interim or
Final Plans,
(6) progress of the grading operations and erosion and
sedimentation control measures taken according to the
schedule set forth below:
(1) for the period from April 15 to September 1,
monthly;
(11) for the period from September 1 to October 15,
weekly;
(ill) for the period from October 16 to April 14, monthly
or as requested by the Town Engineer.
(c) When Permittee proposes to continue land - disturbing or filling
activities or soil storage through the wet season, Permittee
shall demonstrate that land disturbance is relatively minor and
that erosion can be easily controlled, or is a necessary and
integral part of an Interim Plan for previously - initiated
project phases. Where such activities are approved, Permittee
shall submit:
(1) a report seventy -two (72) hours prior to and, again, at
the start of land — disturbing or filling activities or soil
storage,
(2) a report seventy -two (72) hours prior to and, again, at
the start of implementing the Interim Plan,
(3) a report upon completion of the Interim Plan,
(4) any other reports required under subsection (b) of this
Section.
Each report shall contain, where pertinent, the elements
described in Subsection (b)(1) -(5) of this Section;
(d) Submit to the Town Engineer, upon termination of the Permit:
(1) a report on and graphic representation of the Interim
and /or Final Plan, as implemented, and
(2) a copy of the instructions to be given to the new owners
of the improved property by the Permittee or his agent
regarding the maintenance of the surface runoff, erosion
and sediment control measures and devices implemented
under the Final Plan,
or,
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(e) Have an authorized representative of each contractor of
subcontractor actually performing the land - disturbing or
filling activities or soil storage, or actually procuring the
materials, machinery, services or manpower for the
Implementation of Interim or Final Plans, sign each report
pertinent to him or her, and certify the contents thereof as
true. The Permittee shall sign all reports submitted to the
Town Engineer and shall attest that each is true and accurate
to the best of his or her knowledge.
Sec. 36.05.025 Implementation of Grading Permits--Town Engineer's Duties.
(a) The Town Engineer shall review all reports submitted by
Permittee. Where the Town Engineer finds:
(1) delays in implementing or departures from the approved
Site Map and Grading Plan, Interim or Final Plans,
(2) problems with or breakdowns in any technique provided for
by the Interim or Final Plan which are attributable to:
(1) the Plans themselves,
(ii) their maintenance methods or schedules,
(iii) any other causes,
which may have deleterious effect on the quality of
receiving waters, or increase surface runoff, erosion or
off -site sedimentation, the Town Engineer shall require
the Site Map and Grading Plan, Interim or Final Plans, and
maintenance methods and schedules be modified so as to
achieve the same level of water quality and surface
runoff, erosion and sediment control as would have been
achieved had these problems not arisen. The Town Engineer
shall notify the Permittee in writing of the requirement.
Permittee shall comply with the order to modify within 7
working days.
(b) The Town Engineer shall inspect the work site for compliance
with conditions set forth in Sec. 36.05.015, for verification
of reports submitted under Sec. 36.05.020, and for the quality
of the work being performed under the Interim or Final Plan.
Said inspections shall take place:
(1) as requested by Permittee,
(2) as required under this Chapter,
(3) within five (5) working days of September 1,
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(4) within five (5) working days of September 15,
(5) weekly from October 1 through 15,
(6) within three (3) working days of or during, the first
major rainfall of the wet season,
(7) under circumstances described - in Sec. 36.05.020(c),
(1) at the onset of implementation of the Interim Plan,
and
(ii) at the onset of land - disturbing or filling activities
or soil storage,
(8) after notification to the Permittee of an order to modify
under Subsection(a) of this Section,
(9) at any other time, at the Town Engineer's discretion.
Sec. 36.05.030 Suspension or Revocation evocation of Permit. The Town Engineer shall first
have resort to the procedures set forth in this Section before any
other enforcement procedure set forth in this Article.
(a) The Town Engineer shall suspend the Permit and issue a stop
work order, and Permittee shall cease all work on the work
site, except work necessary to remedy the cause of the
suspension, upon notification of such suspension when:
(1) Permittee fails to submit reports timely and in accordance
with Sec. 36.05.020,
(2) Inspection by the Town Engineer under Sec.
36.05.06.025(b)(1) -(9) reveals that the work or the work
site:
(1) is not in compliance with the conditions set forth in
Sec. 36.05.015, or
(i1) is not in conformity with the Site Map and Grad - ing
Plan, Interim or Final Plan as approved or as
modified under Sec. 36.05.025(a), or
(111) is at variance with reports submitted under Sec.
36.05.020(x) -(e), or
(iv) is not in compliance with an order to modify under
Sec. 36.05.025(a),
(3) Permittee fails to comply with an order to modify within
the time limits imposed by the Town Engineer [see Sec.
36.05.025(a)].
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(b) The Town Engineer shall revoke the Permit and issue a stop work
order, and Permittee shall cease work upon the occurrence of
any of the following conditions:
(1) Permittee fails or refuses to cease work, as required
under (a) above, after suspension of the Permit and
receipt of a stop work order and notification thereof,
(2) any of the conditions set forth in Subsection (a) of this
Section occurs in a Sec. 36.02.015 (a) (b) area.
(c) The Town Engineer shall reinstate a suspended Permit upon
Permittee's correction of the cause of the suspension.
(d) The Town Engineer shall not reinstate a revoked Permit.
Sec. 36.05.035 Fines and Penalties. Any person, firm, corporation or agency acting
as prffi_ pa agent, employee or otherwise, who fails to comply with
the provisions of this Chapter shall be guilty of an infraction.
Each day any violation of this Chapter shall continue shall
constitute a separate offense.
Any person, firm, or corporation who intentionally or negligently
violates any provision of this chapter, or fails to comply with any
order issued thereunder, shall be liable for a civil penalty not to
exceed Five Hundred Dollars ($500.00) per day for each violation
which shall be assessed and recovered in a civil action brought in
the name of the people by the Town Engineer's Attorney. In
determining the penalty, the court shall consider all relevant
circumstances, including, but not limited to, the following:
(a) The extent of harm or potential harm caused by the violation;
(b) The nature and persistence of the violation;
(c) The length of time over which the violation occurred;
(d) The frequency of past violations;
(e) The permittee's record of maintenance;
(f) Corrective action, if any, taken by the permittee.
In any civil action brought pursuant hereto, in which the Town
Engineer prevails, the court shall determine and impose reasonable
expenses, including attorneys' fees, incurred by the Town Engineer
in the investigation and prosecution of 'the action.
Sec. 36.05.040 Action A ainst the Security. The Town Engineer may act against the
appropriate security T any of the conditions listed in subsections
(a) -(d) below exists. The Town Engineer shall use funds from the
appropriate security to finance remedial work undertaken by the Town
or a private contractor under contract to the Town, and to reimburse
the Town for all direct costs incurred in the process of the
remedial work.
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(a) The Permittee ceases land - disturbing activities and /or filling
and abandons the work site prior to completion of the work
shown on the approved grading plan.
(b) The Permittee fails to conform to the Interim Plan or Final
Plan as approved or as modified under Section 36.05.025 and has
had his /her permit revoked under Section 36.05.030.
(c) The techniques utilized under the Interim or Final Plan fail
within 2 years of installation, or before a Final Plan is
implemented for the site or portions of the site, whichever is
later.
(d) The Town Engineer determines that action by the Town is
necessary to prevent excessive erosion from occurring on the
site.
Sec. 36.05.045 Release of Security. Security deposited with the Town for faithful
perTo t e grading and erosion control work and to finance
necessary remedial work shall be released according to the following
schedule:
(a) Ninety percent of the amount of the securities held to
guarantee completion of the work required under the approved
permit and shown on the approved Grading, Interim and Final
Plans may be released to the Permittee upon the successful
completion as determined by the Town Engineer, of the work
required under the permit, provided no action against such
security is filed prior to that date.
(b) Ten percent of the amount of the securities held to guarantee
completion of the work required under the approved permit and
shown on the approved Grading, Interim and Final Plan shall be
retained by the Town for one year to guarantee and maintain the
grading work to assure the proper functioning of drainage
systems and adequate erosion and sedimentation control. Said
maintenance security shall remain in effect for a period of one
year after the date the work is accepted.
(c) Upon satisfaction of applicable provisions of this Chapter, the
ten percent maintenance security deposit will be released.
However, upon failure to complete the work, failure to comply
with all of the terms of the permit, or failure of the complete
site to function properly to provide proper drainage or erosion
and sedimentation control, the Town may do the required work,
or cause it to be done and collect from the permittee or surety
all costs incurred thereto, including administrative and
inspection costs. Any unused portion of a deposit or bond
shall be refunded to the permittee after deduction by the Town
of the cost of the work.
Sec. 36.05.050 Cumulative Enforcement Procedures. The procedures for enforcement
o a Permif, as set forth in — M I T is Chapter, are cumulative and not
exclusive.
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Section 3.
This ordinance takes effect 30 days after the date it is adopted. Within 15
days after this ordinance is adopted the Town Clerk shall cause it to be published
once in a newspaper of general circulation published and circulated in the Town.
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on March 18th , 1985 and adopted by the following vote as an
ordinance of the Town o '7os`Iatos at a regular meeting of the Town Council
on April 8th , 1985.
AYES: COUNCIL MEMBERS Eric D. Carlson, Terrence J. Dail Thomas J. Ferrito,
Brent N. Ventura, and Ma or Joanne Ben'amin
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED:
A 0 LOS GATOS
ATTEST:
C� ,, . , - c e
OS GA 0
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