ORD 406
,I ORDINANCE NO. 406
i .
í I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINT A, CALIFORNIA, DELETING CODE SECTION 8.02.100
(GRADING AND EXCAVATING) AND ADDING CHAPTER 8.80
(GRADING)
THE CITY COUNCIL OF THE CITY OF LA QUINT A,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION I. That Code Section 8.02.100 (Grading and Excavating) of the
La QuintaCity Charter and Municipal Code is hereby deleted and Chapter
8.80 (Grading) is hereby added to read as follows:
CHAPTER 8.80
GRADING
Sections:
8.80.010 Purpose and Intent.
r- 8.80.020 Definitions.
8.80.030 Responsibility for Administration.
'--- 8.80.040 Applicability.
8.80.045 Permit Requirements.
8.80.050 Grading Bonds.
8.80.060 General Requirements.
8.80.070 Denial of permit.
8.80.075 Permit limitations and conditions.
8.80.080 Exceptions for emergencies.
8.80.090 Conditions of approval.
8.80.100 Liability.-
8.80.110 Plan checking and permit fees.
8.80.120 Hazardous soil and earth conditions.
8.80. 130 Areas subject to geologically hazardous conditions.
8.80.010 Purpose and Intent.
A. Generallv. The purpose of this chapter is to safeguard life, limb, health,
property and public welfare by establishing minimum requirements for
regulating grading and procedures by which these requirements may be
I enforced.
,
¡ I
l____- B. Scope. No person shall make, alter or maintain any excavation or fill except
as provided by this chapter.
Ordinance No. 406
Adding Chapter 8.80 (Grading) to M.C. ¡
I
Adopted: May 4, 2004
Page 2
Exception: The provisions of this chapter shall not apply to the following:
1 . Work accomplished under the auspices of land owned and controlled
by the United States of America or by the State of California.
2. Work in a public way, drains and drainage structures constructed by or
under contract with the city or County Flood Control District unless the
structure forms a portion of the support for a building or a structure coming
within the jurisdiction of the building and safety department.
C. Permissive provisions. The permissive provisions of this chapter do not
waive, and shall not be presumed to waive, any limitations imposed by other
statutes or ordinances of the state or city.
D. Limitations. If two or more pertinent limitations are not identical, those
limitations shall prevail which provide the greater safety to life, limb, health,
property, and public welfare.
E. Appeals.
F. Measurements. Measurements referred to in this chapter 8.80 are shown as
both English units (foot/pound/second) and metric units (metric units are in
parenthesis following the English units). Measurements used in a grading
project may be either English units or metric units. However, whatever type
of unit is used (English or metric) in a grading project; the type of unit
selected must be used exclusively throughout that project in complying with
the requirements of this chapter.
8.80.020 Definitions.
For the purpose of this chapter, the following terms shall be termed as:
Bedrock shall mean the solid undisturbed rock in place either at the ground
surface or beneath surficial deposits of gravel, sand or soil.
Building official shall mean that person charged with the responsibility of
enforcing the Uniform Building Code CUBC) and state statutes and ordinances
pertaining to his office.
-- ------ ---- ----- - --- -- ------ ----- - - --- -
r-- Ordinanc. No. 406
Adding Chapter 8.80 (Grading) to M.C.
Adopted: May 4, 2004
Page 3
City Engineer shall mean that person charged with the responsibility of
coordinating all phases _of engineering for the city government.
City standard construction details shall mean that publication of construction
drawings developed by the city engineer and revised from time to time.
Civil engineer shall mean a civil engineer duly registered by the State of
California who makes tract layouts for subdivisions and furnishes the
necessary control to achieve the proper angle of cut and fill slopes, the
necessary drainage provisions, street and curb grades, storm drain design
and other matters related to the geometric finish of subdivisions, shopping
centers, condominiums, etc.
Communitv Development manager shall mean that person charged with the
responsibility of coordinating all phases of city growth planning,
development, and redevelopment for the city government.
\
- Compaction shall mean the densification of a fill.
i
Continuous observation shan mean nearly full-time visual observation of
equipment and materials used therein, sufficient to permit the engineer to
render a professionai opinion as to the contractor's conformance with the
engineer's recommendations, plans, or specifications.
Engineering geologist shall mean a geologist registered in the State of California
as an engineering geologist and duly qualified and capable of applying the
geological sciences to engineering practice for the purpose of developing and
rendering professional opinions regarding how geologic features affect the
location, design, construction, operation and maintenance of engineering
works.
Existing grade shall mean the vertical location of the existing ground surface
prior to excavating or filling.
Fill shall mean deposits of soil, rock, or other materials placed by man.
Finished grade shall mean the final grade or elevation of the building site, slope
-- or terrace.
Ordinance No. 406
Adding Chapter 8.80 (Grading) to M.C.
Adopted: May 4, 2004
Page 4
Geotechnical engineer shall mean an engineer registered in the State of
California as a geotechnical engineer and duly qualified and capable of
applying geological sciences, soil mechanics and slope stability analysis to
engineering practice.
Grading shall mean the removal or deposition of soil in a manner which alters
the elevation of existing terrain.
Hillside areas shall mean those areas covered by the Hillside Preservation
Ordinance.
Landscape architect shall mean a landscape architect duly registered as such by
the State of California.
Landslide shall mean the falling, slipping or flowing of a mass of land from a
higher to a lower level.
Active landslide shall mean a landslide that has been active since January 1,
1952.
Historical landslide shall mean a landslide that was active in historical time prior
to 1952 as determined from photographs, maps, and written records.
Prehistoric landslide shall mean conditions where there is no record of historical
landslide but where geological evidence or topographic expression indicates
modification of the terrain by land movement.
Possible prehistoric landslide shall mean areas where there is no record of a
historic landslide but where topographic expression or geological evidence
suggests the possibility of past land movement.
Periodic observation shall mean intermittent visual observation throughout the
course of the project.
Rough grades shall mean the approximate elevation of the ground surface
conforming to the proposed design.
Site shall mean any lot or parcel of land or contiguous combination thereof,
under the same ownership where grading is performed or permitted.
-------------- ----- -------- -- __h______- ---
r-- Ordinance No . 406
, Ac:kIng Chapter 8.80 (Grading) to M.C.
: Adopted: May 4, 2004
Page 5
Slope. In all references to permitted or required slope ratios (for example 2: 1)
the first number refers to a horizontal measurement and the second number
refers to a vertical measurement. Each number refers to a measurement that
utilizes the same standard of measurement.
Soil shall mean all earth material, of whatever origin, that overlies bedrock.
Soils engineer shall mean a civil engineer duly registered by the State of
California who is experienced in soils mechanics and slope stability analysis.
Primary duties shall" encompass the investigation of proposed grading sites
and tracts as related to the stability of the finished graded product. The soils
engineer will have proper laboratory facilities available in which to perform
any and all testing required to properly evaluate materials under
consideration.
8.80.030 Responsibility for Administration.
\
r-- This chapter shall be administered for the City by the Public Works Director and
his/her designee.
8.80.040 Applicability.
A. Generally. No person shall commence or perform any grading, and no person
shall import or export any earth materials to or from any grading site,
without first having obtained a permit therefore from the city engineer. A
separate permit will be required for each site and may include the entire
grading operation at that site.
B. Exceptions.
1. An excavation which is less than two feet (0.6 meters) in depth, or
which does not create a cut slope greater than five feet (1.5 meters) in
height and steeper than two to one (2: 1).
2. A fill which is less than one foot (0.3 meters) in depth and placed on
natural terrain with a slope flatter than five to one (5: 1 ), and which does not
obstruct a drainage course.
-
3. A fill less than three feet (0.9 meters) in depth, not intended to
support structures, which does not exceed 100 cubic yards (76 cubic
meters) on anyone lot and does not obstruct a drainage course.
Ordinance No. 406
Adding Chapter 8.80 (Grading) to M.C.
Adopted: May 4, 2004
Page 6
4. Excavations below finished grade for basements and footings of
buildings authorized by valid building permits. This shall not exempt any fill
made with material from such excavation nor exempt any excavation having
an unsupported. height greater than five feet (1.5 meters) after the
completion of such structure.
5. Excavations below furnished grade for retaining walls less than six
feet (1 .8 meters) in height in areas not within a hillside area.
6. Excavations below finished grade for retaining walls less than three
feet (0.9 meters) in height in areas within a hillside area.
7. Utility trenches, wells, exploratory excavation, and similar work if the
city engineer determines that such exemption would not endanger life, limb,
health, property, safety or public welfare.
8. Excavation or deposition of earth materials within a property which is
used, or dedicated to be used for cemetery purposes.
9. Projects constructed by the city.
C. Grading on slopes greater than 10 percent. No application for a grading
permit in excess of 2000 cubic yards if the average natural slope is 10
percent or greater, or 3000 cubic yards in all other cases, shall be accepted
unless an environmental assessment pursuant to the California Environmental
Quality Act has been completed by the Community Development
Department. The grading permit may be denied or special conditions may be
imposed by the Community Development Department to assure conformance
with mitigation measures identified in the environmental assessment.
8.80.045. Permit Requirements.
A. Plans and specifications. With each application for a grading permit and
when required by the city engineer for enforcement of any provisions of the
article, two sets of plans and specific~tions will be submitted. Except as
waived by the city engineer for small or unimportant work, the plans shall be
prepared and signed by a registered civil engineer and shall show the
following:
1 . Owner's name and address.
---- ---~ ---- -- --------- -- - - - - - ------- ~ -- ------------ - - ---
r-- Ordinance No. 406
! Adding Chapter 8.80 (Grading) to M.C.
í Adopted: May 4, 2004
I
~ Page 7
2. A vicinity sketch or other data adequately indicating the site location.
.3. Property lines, with dimensions and bearings, of the property on which
the work is to be performed.
4. Location of any buildings or structures on the property where the work
is to be performed, and the location of any building or structure on land of
adjacent property owners which are within 25 feet (7.6 meters) of the
property boundary, also shows any creeks, drainage courses, riparian
habitats.
5. Accurate contours showing the topography of the existing ground.
Contours shall be extended past the boundary lines of any project for a
minimum of 50 feet (15 meters). Where unusual topography exists adjacent .
to a site, i.e., barrancas, etc., the contours shall be extended to include
same.
"..--
6. Elevations, dimensions, location, extent, and the slopes of all proposed
grading shown by contours and other means.
7 . A certification of the quantity and type of material of excavation and
fill involved and estimated starting and completion dates.
8. Source of material to be used for fill or location to which excavated
material will be removed or both.
9. Proposed routes for hauling material, hours of work and methods of
controlling dust.
10. 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.
11 . Any pertinent additional plans, drawings, or calculations required by
the city engineer.
I
-
Ordinance No. 406
Adding Chapter 8.80 (Grading) to M.C.
Adopted: May 4. 2004
Page 8
B. Modification of approved plans. All modifications of approved grading plans
must 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 will be permitted without the
prior written approval of the city engineer.
C. Engineering geological reports. Prior to issuance of a grading permit, the city
engineer may require an engineering geological investigation, based upon the
most recent grading plan. The engineering geological report shall be prepared
and signed by an engineering geologist and shall include an adequate
description of the geology of the site, conclusions and recommendations
regarding the effect of geological conditions on the proposed development.
All reports shall be subject to approval by the city engineer. Supplemental
reports and data may be required by the city engineer if deemed necessary.
Recommendations included in the report and approved by the city engineer
shall be incorporated into the grading plan. Reports shall be required for all
developments in hillside areas or other developments as designated by the
city engineer.
D. Soils engineering reports. The city engineer may require a soils engineering
investigation, based upon the most recent grading plan. Such reports 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 soils engineer or
geotechnical engineer.
Recommendations included in the report and approved by the city engineer
shall be incorporated into the grading plan or specifications.
E. Revised grading plan. 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.
F. Waivers. The city engineer may waive the requirement for a contour map or
subsurface exploration as required by "this subsection if it is found that the
information on the application is sufficient to show that the work will
conform to the provisions of this article and other relevant laws.
---- -- - ---------- ------ ---
Ordinance No. 406
. r Adding Chapter 8.80 (Grading) to M.C.
i
I Adopted: May 4. 2004
!. Page 9
G. Preliminary grading plans. When required by the city engineer or community
development manager preliminary grading plans shall include the information
described in items 1., 2., 4., 5., and 6. of paragraph A. of this section,
property lines, and any additional information required by the city engineer or
planning/redevelopment manager.
8.80.050.Grading Bonds.
A. Requirements. A permit will not be issued for excavation or fill of more than
500 cubic yards (380 cubic meters) in hillside areas, more than 1,000 cubic
yards (760 cubic meters) in other areas, or for any work which requires
-retaining walls, until the permittee shall post with the city engineer a bond
for the benefit of the city. The bond shall be executed by the owner and a
corporate surety authorized to do business in this State as surety in an
amount sufficient to cover the cost of the project, including corrective work
necessary to remove and eliminate geological hazards. All bonds shall be in
a form acceptable to the City Engineer.
~
Exception: The city engineer may waive the requirement that a bond be
posted before a permit is issued as provided in this section if the city
engineer determines that no potential hazard would exist if the grading is not
complet~d .
B. Cash or! deposit agreement in lieu of bond. In lieu of a surety bond the
applican1 may file a deposit agreement or deposit cash with the city engineer
upon the same terms and conditions and in an amount equal to that which
would be required in the surety bond. The deposit submitted with the cash
bond may be in the form of cash or negotiable United States securities. The
deposit agreement shall be on forms approved by the city engineer.
C. Application of bond to adjacent propertv. Where grading is required on
property adjacent to the grading site under permit to complete a project
satisfactorily, written consent must be obtained from the adjacent owner and
a copy of the written consent submitted to the- city engineer prior to
commencement of grading on the adjacent property. The owner of such.
adjacent property need not provide an additional grading bond, if the original
is of sufficient amount to include such additional grading.
-
D. Conditions of the bond, deposit agreement, or cash deposit. Every bond,
deposit agreement or cash deposit shall be conditioned that the permittee
shall :
Ordinance No. 406
Adding Chapter 8.80 (Grading) to M.C.
Adopted: May 4, 2004
Page 10
1 . Comply with all of the provisions of this article and all other applicable
laws and ordinances.
2. Comply with all of the terms and conditions of the permit for
excavation and fill to the satisfaction of the city engineer.
E. Period and termination of bond, deposit agreement, or cash deposit. The
term of each security shall begin upon the date of filing with and shall remain
in effect until the completion of the work to the satisfaction of the city
engineer, plus an additional period of one year. Such completion shall be
evidenced by issuance of a grading certificate signed by the city engineer
designated to issue said certificate. In the event of failure to complete the
work and failure to comply with all of the conditions and terms of the permit,
the city engineer may order the work to be completed as required by the
permit and to the satisfaction of the city engineer's office. The surety
executing such bond or such 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 by the city in causing any and all of such
required work to be accomplished and that såid surety or the depositor
assents to any lawful extensions of time within which to construct and
complete such work. In the case of a cash deposit or deposit agreement, any
unused portion shall be refunded to the permittee.
After the work has been completed to the satisfaction of the city engineer,
the city engineer may release or exonerate the bond, deposit agreement, or
cash deposit earlier than the additional one (1) year period if the city
engineer determines that the public health and welfare is not jeopardized. In
no case shall the security be released earlier than four (4) months after the
grading work has been completed to the satisfaction of the city engineer.
. F. Amount of securitv. The amount of the security shall be based upon the
estimated cost plus twenty (20) percent, as determined by the number of
cubic yards of material in either excavation or fill, whichever is the greater
amount, and shall include the cost of all retaining walls, drainage structures,
erosion control, and other protective devices as may lawfully be required.
- -- --~ ~- ~-- --_._-
- - - - -~~ ---- - ----
r-- Ordinance No. 406
I Adding Chapter 8.80 (Grading) to M.C.
! Adopted: May 4. 2004
~ Page 11
8.80.060 General Requirements.
A. Supervision. The permittee shall provide sufficient supervisory control during
the grading operation to insure compliance with approved plans and with the
City of La Quinta Municipal Code. When required by the city engineer, the
permittee shall obtain the services of a geotechnical engineer or soils
engineer to monitor the work. The geotechnical engineer and soils engineer
shall be properly qualified in accordance with section 8.80.020 of this
division and qualified to perform such services within the city.
B. Safety precautions during grading. If, at any stage of work on an excavation
or fill, the city engineer determines by inspection that further work as
authorized by an existing permit is likely to endanger any property or public
way, the city engineer may require that plans for such work be amended to
include adequate safety precautions as a condition to allow the work to
continue. Safety precautions may include, but shall not be limited to,
;.- specifying a flatter exposed slope or construction of additional drainage
facilities, berms, terracing, compaction, cribbing, retaining walls or buttress
. fills, slough walls¡ desilting basins, check dams, benching, wire mesh and
uniting, rock fences, revetments or diversion walls.
C. Violations.
1 . No person shall fail, refuse or neglect to comply with the following
provisions:
(a) All orders issued by the city engineer or the building official
pursuant to the provisions of this article.
(b) All conditions imposed on grading permits pursuant to the
provisions of this article.
(c) All rules and regul~tions of the city engineer with respect to
grading which were in effect at the time the grading permit was issued.
2. Any person, firm or corporation violating any of the provisions of this
- article shall be deemed guilty of an infraction, which is punishable up to a
misdemeanor and each such person shall be deemed guilty of a separate
offense for each and every day or portion thereof during which any violation
of any of the provisions of this article is committed, continued, or permitted,
Ordinance No. 406
Adding Chapter 8.80 (Grading) to M.C.
Adopted: May 4, 2004
Page 12
and upon conviction of any such violation said person shall be punishable by
a fine of not more than $1,000.00, or by imprisonment for not more than six
(6) months, or by both such fine and imprisonment.
3. Stop work orders. Whenever any construction or work is being done
contrary to the provisions of any law or ordinance, or public or private
property is endangered, the city engineer may issue a written notice to the
responsible party to stop work on that portion of the work on which the
violation has occurred or upon which the danger exists. The notice shall
state the nature of the violation or of the danger and no work shall be done
on that portion until the violation has been rectified and approval obtained
from the city engineer or until, as a condition for continuance of the work,
special precautions to eliminate the hazards have been approved and
imposed by the city engineer and performed by the permittee.
D. Grading inspection.
1 . All construction or work for which a permit is required shall be subject
to inspections by authorized employees of the city, and certain types of
work, as determ ined by the city engineer, -shall have either continuous or
periodic observation by a civil engineer, soils engineer, or engineering
geologist employed by the applicant or property owner as a condition of
issuance of the grading permit. Prior to issuing a grading certificate, a final
inspection shall be made of all construction or work for which a permit has
been issued.
2. Exposure of work. Whenever any work on which inspections are
required, as specified in this section, is covered or concealed by additional
work without having first been inspected, the city engineer may require that
such work be exposed for examination. The work of exposing and recovering
shall not entail expense to the City of La Quinta.
3. Notice. The permittee or the permittee's agent shall notify the city
engineer twenty-four (24) hours in advance of the time when the grading
operation is ready for each of the following inspections.
(a) Initial inspection: When the permittee is ready to begin work,
but before any grading or brushing is started.
(b) Toe inspection: After the natural ground is exposed and
prepared to receive fill, but prior to the placement of any fill.
-~--- - --~ ---- --- --- - - - - u- - -- -
r-- Ordinance No. 406
¡ Adding Chapter 8.80 (Grading) to M.C.
,
¡ ,Adopted: May 4, 2004
. Page 13
(C) Excavation inspection: After the excavation is started, but
before the vertical depth of the excavation, exceeds ten ( 1 0) feet (3.0
meters).
(d) Fill inspection: After the fill emplacement is started, but before
the vertical height of the lifts exceed ten (10) feet (3.0 meters).
(e) Drainage device inspection: After forms and pipe are in place,
but before any concrete is placed.
'(f) Rough grading: When all rough grading has been completed. An
inspection may be called for at the completion of the rough grading without
the necessity of the city engineer having previously reviewed and approved
the reports.
(g) Final: When all work, including installation of all draina,ge
:-- structures, other protective devices, and planting and slope stabilization has
been completed and the "As Graded" plan and required reports have been
. submitted.
(h) Other inspection: In addition to the called inspections above, the
city engineer may make other inspections of any work to ascertain
compliance with the provisions of this article and other laws.
4. Final reports. Upon completion of the work, the city engineer may
require the permittee or property owner to have prepared the following
reports and information:
(a) Report from a registered civil engineer certifying that all grading,
lot drainage, and drainage facilities have been completed in conformance
with the approved plans and this article.
(b) A final contour map of the completed work.
(c) A soils engineering report including a statement that the portion.
of the work concerning the preparation of the existing ground surface and
- the placing and compaction of fill is in conformance with the approved plans
and the appropriate provisions of subsection F., entitled "Fills."
Ordinance No. 406
Adding Chapter 8.80 (Grading) to M.C.
Adopted: May 4, 2004
Page 14
The report shall also include the recommended soil-bearing capacity, a
finding as to the expansive characteristics of the soil and the presence of
buttress fills on a lot by lot basis, the location of subdrains, and a summary
of tests. The location of such tests and the limits of the compacted fill shall
be shown on a final plan, which shall also show by plan and cross section
the location of any rock disposal areas and/or buttress fills, if such were
involved in the grading.
(d) An engineering geology report by an engineering geologist
based on the final contour map including specific approval of the grading as
affected by geological factors. Where necessary, a revised geological map
and cross 'sections including faults and other geologic structures, and any
recommendations necessary shall be included.
5. Special inspections. Where necessary, the city engineer may require
the permittee or property owner to employ:
(a) A civil engineer to monitor all grading.
(b) A soils engineer to provide either periodic or continuous soils
inspection.
(c) An engineering geologist to provide geological inspections.
The employment of the above shall not be deemed to render unnecessary
any inspections described in this article except that on any work requiring
continuous monitoring by a civil engineer, the inspections required by this
section may be delegated to the civil engineer by the city engineer. If the
civil engineer fulfilling engineering responsibility under this section finds that
work is not being done in conformance with this article or the plans and
specifications approved by the city engineer, the civil engineer shall
immediately notify the person in charge of the grading work and the city
engineer in writing of the nonconformity and the corrective measures to be
taken.
The civil engine,er monitoring grading work shall immediately notify the city
engineer in writing upon the termination of his or her engineering services.
All work shall immediately stop upon the termination of the services of the
civil engineer whose name appears on the grading permit as having been
approved to monitor the grading work, and it shall not commence again until
- -- -- --- - - -
- -- ------
r-- Ordinance No. 406
~ Adding Chapter 8.80 (Grading) to M.C.
¡ Adopted: May 4, 2004
. Page 15
the new approved civil engineer certifies in writing to the city engineer that
he/she has reviewed all phases of the project and is thoroughly familiar with
it. Upon receipt of this notice the city engineer will give written notice that
work may proceed.
E. Excavations.
1. Height. Cut slopes which exceed 100 feet (30 meters) in '
verti'cal height shall be constructed with a minimum of one bench for each
100 feet (30 meters) in vertical height. The benches shall be evenly spaced
on the slope and shall have a minimum width of 30 feet (9.1 meters).
2. Slope. Excavations shall not be made with a cut face steeper in
slope than two to one (2: 1 ).
Exception: The city engineer may permit the excavation to be made with a
cut face steeper in slope than two to one (2: 1), if the applicant shows
- through subsurface exploration by both a soils engineer and an engineering
geologist to the satisfaction of the city engineer that the material making up
, the slope of the excavation and the underlying bedrock is capable of
standing on a steeper slope.
3. Excavation setback. Excavations shall not extend below a line
that is projected at an angle of two to one (2: 1) from the nearest point of
any footing or foundation of any building or structure unless such footing or
foundation is first properrly underpinned or supported against settlement or a
civil engineer has determined to the satisfaction of the city engineer that the
proposed excavation will not affect the existing structure.
4. Unstable slopes. If the material of the slope is of such
composition and character as to be unstable, considering all types of
anticipated loading and moisture conditions, the engineering geologist or
soils engineer shall, by testing and analysis, provide specific criteria for its
stabilization by reduction of slope angle, buttressing, or by a combination of
these or other means.
5. Cut slope - setback. All cut slopes shall be within properties or
- parcels under one ownership. That is, they shall not be divided horizontally
by property lines. Tops of cut slopes shall not be made nearer than one foot
(0.3 meter) plus one-fifth the height of the cut to a project boundary, but
need not exceed a horizontal distance of ten feet (3.0 meters). If the city
Ordinance No. 406
Adding Chapter 8.80 (Grading) to M.C.
Adopted: May 4, 2004
Page 16
engineer determines that the above is unnecessary because of special
conditions, the city engineer may make adjustments as a condition of the
grading permit.
6. Intervening terraces. On cut slopes exceeding 25 feet (7.6
meters) in height, intervening terraces shall be constructed in accordance
with city standards. Terraces shall be pave~ with concrete terraces on cut
slopes and, shall have a minimum width of eight feet (2.4 meters) and shall
be spaced at maximum intervals of 25 feet (7.6 meters) measured vertically.
Where only one terrace is utilized, it shall be placed at mid-height.
F. Fills.
1. Gradient. No fill shall be made which creates any exposed
surface steeper in slope than two to one (2: 1), except under one or more of
the following conditions:
(a) A retaining wall or other approved support is provided.
(b) The city engineer may permit a fill to be made which
creates an exposed surface steeper in slope than two to one (2: 1) if the
applicant shows through the investigation and report, to be approved by the
city engineer, of a soils engineer and engineering geologist that the strength
characteristics of the material to be used in the fill are such as to produce a
safe and stable slope, and that the areas on whic,h the fill is to be placed
have sufficient strength characteristics to support the fill within reasonable
settlement values.
2. Gradient reduction. The city engineer may require that the fill be
constructed with an exposed surface flatter than two to one (2: 1) if, under
the particular conditions, such flatter surface is necessary for stability or
safety.
3. Height. Fill slopes which exceed 100 feet (30 meters) in vertical
height shall be constructed with a minimum of one bench for each 100 feet
(30 meters) in vertical height. The benches shall be evenly spaced on the
slope and shall have a minimum width of 30 feet (9.1 meters).
-- - --- --~~ ------
---- -, - -- -- --- --- --"
,..- Ordinance No. 406
í Adding Chapter 8.80 (Grading) to M.C.
I
i Adopted: May 4, 2004
\ Page 17
4. Intervening terraces. On fill slopes exceeding 25 feet (7.6
meters) in height, intervening terraces shall be constructed in accordance
with city standards. Terraces shall be paved with concrete terraces on fill
slopes and, shall have a minimum width of eight feet (2.4 meters) and shall
be spaced at maximum intervals of 25 feet (7.6 meters) measured vertically.
Whe!re only one terrace is utilized, it shall be placed at mid-height.
5. Placement. All fills shall be placed, compacted, inspected, and
tested in accordance with the following provisions. If the strict enforcement
of this section is determined by the city engineer to be unnecessary because
of the proposed or probable use of land, the city engineer may waive these
requirements.
These requirements shall not be waived when structures are to be supported
by the fill or where they are necessary as a safety measure to aid in
preventing the saturation, settling, slipping or erosion of the fill.
---
(a) Preparation of ground. The existing ground surface shall
be prepared to receive fill by removing vegetation, noncomplying fill, or other
incompetent material. Where the slope of the existing ground surface is five
to one (5: 1) or steeper, the fill shall be supported on level benches cut into
competent material. The bench under the toe of a fill on a slope steeper than
five to one (5: 1) shall be at least ten feet (3.0 meters) wide. The area
beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall
be provided. When fill is to be placed over a cut, the bench under the toe of
fill shall be at least 10 feet (3.0 meters) wide, but the cut shall be made
before placing the fill and before acceptance by the civil engineer, as a
suitable foundation for fill.
(b) Sub drains. Except where recommended by a soils
engineer as not being necessary, sub drains shall be provided under all fills
placed in natural drainage courses and in other locations where seepage is
evident. Such sub drainage systems shall be of a material and design
approved by the soils engineer and acceptable to the city engineer. The
permittee shall provide periodic monitoring during the process of sub drain
installation to conform with approved plans and soils engineer's
- recommendations. Such monitoring shall be done by the soil testing agency
employed by the permittee. The locations of the sub drains shall be shown
on a plan approved by the soils engineer.
Ordinance No. 406
Adding Chapter 8.80 (Grading) to M.C.
Adopted: May 4, 2004
Page 18
(C) Fill material. Organic material shall not be permitted in
fills. Soil containing small amounts of roots may be allowed, providing that
the roots are in a quantity and distributed in a manner that will not be
detrimental to the future use of the site and the use of such material is
approved by a soils engineer and the city engineer.
No rock or similar irreducible materials with a maximum dimension greater
than eight inches (0.20 meters) shall be buried or placed in fill except as
recommended by the soil engineer, approved by the city engineer, and
meeting the following requirements:
(1) The oversized material shall be placed ten
feet (3.0 meters) or more below furnish grade.
(2) The soils engineer shall be present while the
oversized material is placed and covered.
(3) The reports submitted by the soils engineer
shall acknowledge the placement of the oversized material and whether the
work was performed In accordance with the soils engineer's
recommendations and the approved plans.
(4) The location of oversized rock dispersal
areas shall be shown on the as-built plan.
Rock or similar irreducible materials less than eight inches (0.20 meters) in
greatest dimension shall be placed in such a manner as to prevent nesting of
oversize particles and to assure that all voids are filled with fine-grained
materials.
(d) The fill shall be spread in a series of loose lifts, each not
exceeding eight inches (0.20 meters) in thickness, and shall be compacted
by sheepsfoot roller or other approved method after each layer is spread. The
next lift shall not be placed until the compacted lift is tested or authorized by
the soils engineer or city engineer, respectively.
(e) The moisture content of the fill material shall be
controlled at the time of spreading and compaction to obtain required relative
compaction. A soils engineer shall establish the allowable moisture range
which minimizes settlement.
- -- ~ ----- ~.~ ..~ -~
- OrdinanCe No. 406
I Adding Chapter 8.80 (Grading) to M.C.
. : Adopted: May 4. 2004
. Page 19
(f) All fills shall be compacted to a minimum of 90 percent
of maximum density as determined by A.S.T.M. method D 1557. The city
engineer may approve alternate minimum compaction densities where a soils
engineer or geotechnical engineer has determined to the satisfaction of the
city engineer that alternate minimum compaction densities are necessary to
achieve the maximum benefit from soil consolidation. If the required degree
of relative compaction cannot be attained on sloped surfaces, the slope shall
be over filled and cut back until the compacted inner core is exposed. Field
density shall be determined by A.S.T.M. method D 1556 or other methods
approved by the city engineer which give equivalent results.
(g) A sufficient number of tests shall occur to satisfy the
engineer that all requirements have been met. As a minimum, a field density
test, as herein provided, shall be taken for each two feet (0.6 meters) of fill,
or portion thereof, measured vertically from the lowest point of the area to
be filled, and for each 1,000 cubic yards (760 cubic meters) of fill placed. In
addition, in the case of subdivisions, at least one field density test. shall be
- taken on each lot which receives fill. One field density test shall be taken on
the slope face for every four feet (1.2 meters) in elevation of the slope or
. every 1,000 square feet (90 square meters) of slope for each lot.
(h) All fills regulated by this article shall be tested for relative
compaction by a qualified soils testing agency. A certificate of compliance
with the terms of this section and the grading permit, setting forth densities,
relative compaction and other soil characteristics shall be prepared and
signed by a soils engineer. This report shall be submitted to and approved by
the city engineer before any final approval of the fill is given and before any
foundation construction begins.
6. Toe location. Fills that toe out on natural slopes which are
steeper than two to one (2:.1) shall not be permitted.
Exception: The city engineer may permit the placement of fill on slopes as
steep as 1 1/2 to one, if the applicant shows through subsurface exploration
and appropriate analysis by both a soils engineer and an engineering
geologist, to the satisfaction of the city engineer, that the material making
up the natural slope is capable of supporting the pr<?posed fill.
r--
,
Ordinance No. 406
Adding Chapter 8.80 (Grading) to M.C.
Adopted: May 4, 2004
Page 20
7. Toe setback. Toes of fill slopes shall not be made nearer to a
project boundary line than one-half the height of the fill, but need not exceed
a horizontal distance of 20 feet (6.1 meters). Fill slopes shall not be divided
horizontally by property lines. If the city engineer determines that the above
is unnecessary because of special conditions, the city engineer may make
adjustments as a condition of the grading permit.
8. Combined cut and fill slopes. Combined cut and fill slopes shall
meet the requirements of paragraphs 1, 2, 3, and 4 of this section insofar as
steepness, height, and benching are concerned except that, where the slope
exceeds 25 feet (7.6 meters) in height, the required drainage bench shall be
placed at the top of the cut slope.
9. Old fills. All existing man-made fills, on any and all sites will be
properly evaluated and recommendations and design criteria for corrective
measures shall be included within the soils engineering report, if deficiencies
exist.
10. Progress reports. Periodic soils reports by a soils engineer
certifying the compaction or acceptability of all fills will be required monthly
for projects extending three months or longer. These shall include, but need
not be limited to, inspection of cleared areas and benches prepared to
receive fill, and removal of soil and unsuitable materials, the placement and
compaction of fill materials, and the inspection of buttress fills, sub drains,
and similar devices.
The city engineer may require sufficient inspection by an engineering
geologist to assure that all geologic conditions have been adequately
considered. Where geologic conditions warrant, the city engineer may require
periodic geologic reports. These inspections and reports may be required to
include but need not be limited to inspection of cut slopes, canyons during
clearing, operations for groundwater and earth material conditions,
placement of sub drains, benches prior to placement of fill, and possible
spring locations.
G. Planting and irrigation. of cut and filii slopes.
1. General. All fill and cut slopes greater than four feet (1.2
meters) in vertical height, and any natural slopes from which native vegetation
has been removed, which are determined by the city engineer to be subject to
-- -- --~-- --------- -- --
- Ordinance No. 406
¡ Adding Chapter 8.80 (Grading) to M.C.
! Adopted: May 4. 2004
. Page 21
erosion shall be planted and irrigated with an irrigation system to promote the
growth of ground cover plants to protect the slopes against erosion, as required
in this section.
The owner shall be responsible for planting and maintaining all slopes where
such is required in this section.
2. Minimum requirements.
(a) Low slopes to 15 feet (4.6 meters) in vertical height.
( 1 ) Plant with grass or ground cover plants as
recommended on the approved planting schedule. Other plants recommended
by a landscape architect will be considered for approval by the Public Works
Director.
(2) An irrigation system shall be installed to irrigate
r-- these slopes as a part of the house plumbing installation, unless otherwise
approved by the city engineer.
.
(3) The owner shall water the slopes which have been
planted with grasses and ground cover plants at sufficient time intervals to
promote growth.
Exception: Where the city engineer finds the slope is located in such an area
to make hand-watering possible, conveniently located hose bibs will be
accepted in lieu of the required irrigation system when a hose no Jonger than
100 feet (30 meters) would be necessary.
(b) Medium slopes 15 feet (4.6 meters) to 38 feet (11.6
meters) in vertical height.
( 1 ) Plant with grass or ground cover plants as
recommended on the approved planting schedule. Other plants may be
recommended by a landscape architect- for approval by the Public Works
Director.
~
Ordinance No. 406
Adding Chapter 8.80 (Grading) to M.C.
Adopted: May 4, 2004
Page 22
(2) In addition to ground cover plants, approved shrubs
having a one gallon minimum size at ten feet (3.0 meters) on center in both
directions on the slope may be used when the irrigation system is available
for irrigation. The plants and planting pattern may be varied to include trees
upon the recommendation of the landscape architect and approved by the
Public Works Director.
(3) An adequate irrigation system shall be installed
during grading, prior to planting of shrubs and trees.
(c) High slopes 38 feet (11.6 meters) or over in vertical
height.
(1) Plant with grass or ground cover plants as
recommended on the approved schedule. Other plants recommended by
landscape architects may be submitted to the Public Works Director for
approval.
(2) In addition to ground cover plants, approved shrubs
having a minimum one gallon size at ten feet (3.0 meters) on center in both
directions on the slope, or trees at 20 feet (6. I meters) on center both ways
may be used.
A combination of shrubs and trees may be utilized. This plant and planting
pattern may be varied upon the recommendation of a landscape architect
and approval by the Public Works Director.
(3) Slopes exceeding a height where a drainage terrace
is required shall be planted with shrubs, minimum size one gallon, two feet
(0.6 meters) on center, parallel to the benches and within two feet (0.6
meters) of the uphill side. Larger varieties may be staggered one each side of
the bench as an alternate.
(4) An adequately designed irrigation system shall be
installed prior to planting shrubs and trees.
3. Special requirements for irrigation svstems. ,
(a) Plans for the irrigation system shall be submitted to and
approved by the City Engineer prior to installation.
- - - -- ------ --- -- -- - --_. -
- -- - - -- -----
- Ordinance No. 406
¡ Adding Chapter 8.80 (Grading) to M.C.
; Adopted: May 4. 2004
. Page 23
(b) The irrigation system shall be designed to provide uniform
water coverage at a rate of precipitation of not less than one-tenth inch (250
millimeters) per hour nor more than three-tenths inch (750 millimeters) per
hour on the planted slope. In no event shall the rate of precipitation duration
of sprinkling be permitted to create a saturated condition and cause an
erosion problem, or allow the discharge of excess water into any public or
private street.
(c) A check valve and balance cock shall be installed in the
system where drainage from sprinkler heads will create an erosion problem.
(d) Adequate backflow protection shall be installed in each
irrigation system as required by the Uniform Plumbing Code.
(e) A functional test of the irrigation system shall be
performed by the installer for every irrigation system prior to approval.
-
H. Erosion control and drainage devices.
.
1 . Water disposal. All drainage facilities shall be designed to carry
waters to the nearest practicable drainage way approved by the city engineer
as a safe place to deposit such waters. Erosion of ground in the area of
discharge shall be prevented by installation of non-erosive down drains or
other devices.
2. Interceptor terraces. Paved (concrete) interceptor terraces shall
have a minimum width of eight feet (2.4 meters), a minimum depth of one
foot (0.3 meters), and shall be installed on the face of all cut and fill slopes
at intervals not to exceed 25 feet (7.6 meters) measured along a vertical
plane.
The longitudinal slope of interceptor terraces shall not be less than four
percent nor more than 1 2 percent and any change in rate of grade within
these allowable slopes shall increase the grade in the direction of flow.
A single run of an interceptor terrace shall not exceed 300 feet (91 meters)
- to a down drain.
Ordinance No. 406
Adding Chapter 8.80 (Grading) to M.C.
Adopted: May 4, 2004
Page 24
. Down drains shall be embedded and round pipes enclosed in concrete shaped
as shown in the city standard construction details, or an alternate design
which is prepared by a civil engineer and acceptable to the city engineer.
The cross section of interceptor terraces shall meet the specifications shown
in the city standard construction details.
3. Diverter terraces. Paved (concrete) diverter terraces, three feet
(0.9 meters) in width and one foot (0.3 meters) in depth, constructed as
shown in the city standard construction details shall be installed at the top of
all cut slopes where the tributary drainage area above has a slope exceeding
ten horizontal to one vertical (10: 1) and a horizontal projection of greater
than 50 feet (1 5 meters).
4. Berms. Berms as shown in the city standard construction details
shall be constructed at the top of all slopes.
5. Vee channels. Where a slough wall is required at the toe of the
slope, the city engineer may require a vee channel to be constructed behind
the wall to carry off the slope waters.
6. Inlet structures, down drains and outlet structures.
(a) Inlet structures. Inlet structures shall be of concrete,
galvanized iron hot-dipped in asphalt or equivalent. The inlet shall be grated
or grilled, or of such entry shape as to prevent entry of objects of greater
than four inches (0. 10 meters) in dimension. Inlet structures shall be placed
as shown in the city standard construction details and shall be so shaped as
to provide small entry losses. An overflow structure into the "vee" down
drains shall be provided.
(b) Down drains. Down drains shall be of concrete or
corrugated galvanized iron hot-dipped in asphalt or its equivalent. Pipe down
drains shall be reinforced concrete pipe, D-850, P .V.C., SDR 35, or
corrugated metal pipe, galvanized with paved invert in conformance with the
city standard construction details, and shall have a diameter of a size
required by run-off calculations, but not less than 12 inches (0.30 meters).
Open channel down drains shall be designed by a civil engineer and shall
have a minimum capacity equal to four times the required pipe size. The
alignment of down drains shall be such as to conserve velocity head.
-- -------~----------~-~~----- -- -- -_u- -- - -----------
r-- Ordinance No. 406
: Adding Chapter 8.80 (Grading) to M.C.
, Adopted: May 4. 2004
. Page 25
(C) Outlet structures. Outlet structures shall be of concrete,
galvanized iron hot-dipped in asphalt or equivalent.
Where out letting into streets, the structure shall be of a design approved by
the city engineer.
Where out letting into natural watercourses or other approved locations, the
structure shall be provided with adequate velocity reducers, diversion walls,
rip-rap, concrete aprons or any similar energy dissipater. All slope drainage
shall be collected and disposed of in the drainage device.
7 . Run-off computations. Run-off shall be based upon the proper
50-year isohyetal and the run-off calculation shall be based upon the latest
methods approved by the city engineer.
8. Drainage dispersal wall. A drainage dispersal wall shall be
constructed in conformance with the city standard construction details
r-- whenever it is necessary to convert channel flow to sheet flow.
, 9. Site drainage. All building pads shall slope a minimum of two
percent to an approved drainage device or to a public street. Where used,
the drainage device shall be an adequately designed system of, catch basins
and drain lines which conduct the water to a street, storm drain or natural
watercourse approved by the building official, as a safe place to deposit such
waters.
Exception: When approved by the city engineer, the gradient may be one-half
percent (0.5%) if all of the following conditions exist throughout the permit
area.
(a) No proposed fills are greater than ten feet (3.0 meters) in
depth.
(b) No proposed finish cut or fill slopes have vertical height
greater than ten feet (3.0 meters).
(c) No existing slope faces which have a slope face steeper
- than ten to one (10: 1) have a vertical height greater than ten feet (3.0
, meters).
Ordinance No. 406
Adding Chapter 8.80 (Grading) to M.C.
Adopted: May 4, 2004
Page 26
(d) The soil in landscaped areas adjacent to the structure has
an expansion index below 50.
10. Maintenance of drainage. Drainage in conformance with the
provisions of this article shall be maintained during and subsequent to
construction. Suitable access shall be provided to permit cleaning and
maintenance of all drainage and erosion control devices.
I. Drivewav slopes. Driveways shall have a maximum slope
of five to one (5: 1) 20 percent and shall terminate at both ends with vertical
curves. The vertical curve of the bottom of the driveway slope shall have a
minimum length of five feet (1.5 meters). The vertical curve at the top of the
driveway slope shall have a minimum length of ten feet (3.0 meters). Vertical
curves at grade changes which exceed five-tenths percent shall have a
minimum length of five feet (1.5 meters).
8.80.070 Denial of permit.
A. Hazardous grading. A grading permit shall not be issued in any case
where the city engineer finds that the work proposed by the applicant is
classed as hazardous grading and is liable to endanger any private property
or result in the deposition of debris on any public way or interfere with any
existing drainage course.
B. Geological or flood hazard. If, in the opinion of the city engineer, the
land area for which grading is proposed is subject to geological or flood
hazard to the extent that no reasonable amount of corrective work can
eliminate or sufficiently reduce the hazard to human life or property, the
grading permit and building permits for habitable structures shall be denied.
8.80.075 Permit limitations and conditions.
A. General. The issuance of a grading permit shall constitute an
. authorization to do only that work which is described or illustrated on the
application for the permit or on the site plans and specifications approved by
the city engineer.
- B. Responsibilitv of permittee. The permittee and the permittee's agents
shall carry out the proposed grading in accordance with approved plans and
specification, the conditions of the permit and with the requirements of this
article and all other applicable laws. The permittee and the permittee's
r--- --- ~ - - - - - - --
- Ordinance No. 406
(
, Adding Chapter 8.80 (Grading) to M.C.
,
t Adopted: May 4, 2004
I
;, Page 27
agents shall maintain all reQuired protective devices and temporary drainage
during the progress of the grading work and shall be responsible for
observance of hours of work, dust controls and methods of hauling. The
permittee or the permittee's agents shall be responsible for maintenance of
the site until such time as a notice of completion has been issued by the city
engineer. The permittee, permittee's agents, and each or all of them shall
become subject to the penalties set forth herein in the event of failure to
comply with this article and other applicable laws of the City of La Quinta.
No approval shall exonerate the permittee or the permittee's agents from the
responsibility of complying with the provisions and intent of this article.
C. Jurisdiction of other agencies. Permits issued under the requirements
of this article shall not relieve the owner of responsibility for securing
required permits for work to be accomplished which is regulated by any
other code, department or division of the city or any other governing agency.
D. Tract map requirements. If a final tract map is required under the City
~ of La Quinta Municipal Code or Subdivision Map Act, no grading permit shall
, be issued for import or export of earth materials to or from, and no grading
. shall be conducted on, any grading site in the hillside area unless a final tract
map has been approved by the City Council. The city engineer may waive
the requirement that the final tract map be approved prior to issuance of a
grading permit if the city engineer determines that such waiver will not
endanger life, limb, health, property, safety, or public welfare. In cases
where a waiver is granted in the hillside area, a grading permit will not be
issued until all required plans are approved by the city engineer and
community development manager, following the payment of necessary fees
or'submittal of any or all required bonding.
E. Conditions of permit. The city engineer and community development
manager may impose such regulations with respect to access routes to and
from grading sites in the hillside area as they shall determine are required in
the interest of public health, safety, and welfare and safety precautions
involving pedestrian or vehicular traffic.
F. Haul. No permit shall be issued for the export or import of earth
materials to or from a grading site in areas involving ingress or egress on
- streets having less than 17 feet (5.2 meters) in useable width, except upon
the following conditions:
Ordinance No. 406
Adding Chapter 8.80 (Grading) to M.C.
Adopted: May 4, 2004
Page 28
1 . The size or type of hauling equipment shall be limited in
accordance with the width and conditions of the street.
2. Traffic control devices, including flagmen,' signs and markers
shall be utilized at appropriate places along the designated routes of access
to such sites.
3. Temporary no parking restrictions may be imposed with the
approval of the city engineer along such routes when determined necessary.
4. Such other conditions as may be determined necessary for the
Public health, safety and welfare shall be imposed.
5. In no event shall any export or import of earth materials to or
from a grading site in hillside areas be undertaken or conducted except by
use of equipment which complies in all respects with the State Vehicle Code.
6. All loads shall be properly trimmed and watered, or otherwise
secured so as to prevent spillage from the equipment.
7. In all cases where the city engineer designates the" haul"
routes, such designation of routes shall take into consideration the most
practical means of transporting the earth materials to or from the grading site
consistent with the safety and welfare of residents along the routes.
G. Conformance with comprehensive plan, policies and the zoning
regulations required. No permit shall be issued for any grading or export or
import of earth materials to or from any grading site except in compliance
with the zoning, private street and division of land regulations contained in
, the City of La Ouinta Municipal Code, the Subdivision Map Act of the State
of California, the comprehensive plan, the local coastal plan and the specific
plan for the area in which the grading is be accomplished and local, state,
and federal environmental laws and guidelines.
H. Time limitations. The permittee shall fully perform and complete all of
the work contemplated to be accomplished pursuant to the grading permit
within the time limit specified in the permit.
If the permittee is unable to complete the work within the specified time, the
permittee may, prior to the expiration of the permit, submit a written request
for an extension of time in which to complete the work. If, in the opinion of
~-------- - -------- ---- - - ---
.
r- Ordinance No. 406
¡ Adding Chapter 8.80 (Grading) to M.C.
; Adopted: May 4, 2004
. Page 29
the city engineer, sufficient justification is shown, the time specified on the
permit may be extended for a period of not more than 180 days, but no such
extension shall release any surety upon the bond.
I. Entry upon premises. The city engineer, the surety company or the
duly authorized representative of either, shall have access to the premises
described in the permit for the purpose of inspecting the progress of the
work.
In the event of default in the performance of any term or condition of the
permit, the surety or any person employed or engaged on behalf of the
surety shall have the right to go upon the premises to complete the required
work.
It shall be unlawful for the owner or any other person to interfere with the
ingress or egress from such premises of any authorized representative or
agent of any surety company or the city engaged in the work ordered by the
- city engineer.
. J. Consent of adjacent property owner. Whenever any excavation of fill
requires entry onto adjacent property for any - reason, the permit applicant
shall obtain the written consent of the adjacent property owner or their
authorized representative, and shall file a copy of said consent with the city
engineer before a permit for such grading work will be issued.
8.80.080 Exceptions for emergencies.
The provisions of this article shall not apply to any grading operation which
is conducted during a period of emergency or disaster or which is directly
connected with or related to relief of conditions caused by such emergency
or disaster.
8.80.090 Conditions of approval.
In granting any permit under this article, the city engineer or city engineer's
authorized representative may attach such conditions as may be reasonably
necessary to prevent creation of a nuisance or hazard to public or private
- property. Such conditions may include, but shall not be limited to:
1 . Improvement of any existing grading to bring it up to the
standards of this article.
Ordinance No. 406
Adding Chapter 8.80 (Grading) to M.C.
Adopted: May 4, 2004
Page 30
2. Requirements for fencing of excavations or fills which would
otherwise be hazardous.
8.80. 1 00 Liability.
Neither the issuance of a permit under the provisions of this article, nor the
compliance with the provisions hereof or with any conditions imposed in the
permit issued hereunder, shall relieve any person from responsibility for
damage to other persons or property, nor impose any liability upon the City
for damage to other persons or property.
8.80. 11 0 Plan checking and permit fees.
A. Plan check fees. For excavation and fill on the same site, the fees shall
be based on the volume of the excavation or fill, whichever is greater. Prior
to acceptance of plans and specifications for checking, the city engineer
shall collect a plan-check fee. Separate permits and fees shall apply to -
retaining walls or other structures as indicated in the most recent Uniform
Building Code as adopted by the city. There shall be no separate charge for
standard terrace drains and similar facilities. The fee for a grading permit
authorizing additional work to that under a current valid permit shall be the
difference between the fee paid for the original permit and the fee calculated
for the revised total project. No fee refund will be made.
The amount of the plan-checking fee for the grading plans shall be as set by
council resolution.
A grading plan check fee equal to 20 percent of the original plan check fee
will be assessed for a fourth grading plan check and for each grading plan
check thereafter.
B. Permit fees. A fee for each grading permit shall be paid prior to the,
issuance of said permit. Double fees will be assessed where grading has
been accomplished without an authorized permit. Fees shall be as set by
council resolution.
8.80. 1 20 Hazardous soil and earth conditions.
Whenever the city engineer determines by inspection that any land or any
existing excavation or fill has from any cause become a menace to life or
-----~------- ------ . - - - - -- ---- -- -
r-- Ordinance No. 406
; Adding Chapter 8.80 (Grading) to M.C.
¡ Adopted: May 4, 2004
. Page 31
limb, endangers public or private property or affects the safety, usability or
stability of a public way, the owner or other entity in legal control of the
property concerned shall, upon receipt of written notice thereof from the city
engineer, correct such condition in accordance with the provisions of this
article and the requirements and conditions set forth in such notice to
eliminate the undesirable condition.
The owner, or other person in control of such property shall immediately
commence the work required by such notice and shall complete same within
. a maximum time of 120 days from the date of such notice unless a shorter
period of time for completion has been specified in the notice, in which case
the owner or other person shall comply within such time as specified.
8.80. 130 Areas subject to geologically hazardous conditions.
A. General. The provisions of this section shall be fully complied with
prior to issuance of a grading permit in areas subject to existing or potential
:- slides, unstable soil, or geologic hazards or other hazardous conditions as
I determined by the city engineer.
B. Records and maps. The city engineer or building official may adopt
maps delineating areas of relative hazard for the application of this section.
C. Permission to do work.
1 . Active landslide and historic landslide areas. No building or
grading permits shall be issued for development in active or historic landslide
areas until, and unless, stabilization of the entire slide or soil mass which
may have an adverse effect on the proposed development or access thereto
can be satisfactorily demonstrated to the city engineer and the building
official.
2. Prehistoric landslide or questionable areas. No building or
grading permit shall be issued for development in prehistoric landslide or
questionable areas except by specific approval of the city engineer and the
building official, based upon a geological report by an approved soils engineer
or engineering geologist, attesting to the apparent. safety of the proposed
- developments, and stating that the development is not located in an area
subject to slides or unstable soil which may have an adverse effect on the
proposed development or access thereto.
Ordinance No. 406
Adding Chapter 8.80 (Grading) to M.C.
Adopted: May 4, 2004
Page 32
3. Geologicallv hazardous areas.
(a) An engineering geology report by a geotechnical engineer
or engineering geologist shall be submitted to the city engineer for approval
for all grading or construction sites which meet the following criteria:
(1) All projects which require a soils, geotechnical, or
geological report under other sections of this article.
(2) All projects which are within the boundaries of
special study areas, seismic zones, geohazard _zones, or moderate or high
liquefaction hazard zones.
Exclusions: Single story additions to single-family residences may be
excluded from these requirements if the city engineer or the building official
determines that such exemption would not endanger life, limb, health,
property, safety or public welfare.
(b) Where the engineering geology report determines that
there is a significant potential geological hazard, mitigation measures as
recommended in the report and approved by the city engineer shall be
performed. -'. -- .
4. Other Conditions. If, in the opinion of the city engineer or the
building official, there is evidence of potentially hazardous conditions other
than those covered by items 1, 2, and 3, satisfactory reports from approved
soils engineers and engineering geologists may be required. If such reports
are required, a permit may be issued if the reports testify to the apparent
safety of the development. If in the opinion of the city engineer, or building
official it is found that the area in question has elements of hazard or, if the
reports so indicate, a permit may be refused.
SECTION II. EFFECTIVE DATE: This Ordinance shall be in full force and effect
thirty (30) days after its adoption.
SECTION III. POSTING: The City Clerk shall certify to the passage of this
Ordinance and shall cause the same to be posted in three places within the City of
La Ouinta as specified in City Council Resolution 98-109.
--- -- -- --- - - - ~ - -- ----- -- - - - -- - --- - - --- -- ---- -- --
r- Ordinance No . 406
¡ Adding Chapter 8.80 (Grading) to M.C.
: Adopted: May 4, 2004
\
. Page 33
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
City Council held on this 4th day of May, 2004, by the following vote:
AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
r- ATTEST:
.
..
~ JU S. GREEK, CMC, City C rk
() City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
. KA THE INE JENSO ,City Attorney
City of La Quinta, California
--
i
,
,
.
Ordinance No. 406
Adding Chapter 8.80 (Grading) to M.C.
Adopted: May 4, 2004
Page 34
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINT A )
I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify
the foregoing to be a full, true, and correct copy of Ordinance No. 406 which was
introduced at a regular meeting on the 20th day of April, 2004, and was adopted at
. a regular meeting held on the 4th day May, 2004, not being less than 5 days after
the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution 98-109.
.~¿~é/~~ -.
.-/uju S. GREEK, CMC, City ark
tI City of La Quinta, California
DECLARATION OF POSTING
I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify
that the foregoing ordinance was posted on May 7, 2004 , pursuant to Council
Resolution.
~~;'J~~~I~ ~
d~JU . S. GREEK,FCMC, City C rk)
() City of La Quinta, California
--- ~------~ --- -- - - - ~ - - - -- - -- --- -
,