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1950• Atty. Engr. - 5 Fire Marsh. Planning - 5 Police Dir. Pub. Wor} Bldg. Finance Parkway Supt. ORDINANCE NO. 1950 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 17 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO CHAPTER 17.06D RELATING TO GRADING,, EXCAVATIONS AND FILLS IN HILLSIDE AREAS. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION to That Title 17 of the Anaheim Municipal Code be, and the same is hereby amended by adding thereto a new chapter, Chapter 17.06, reading as follows,, "CHAPTER 17.06 GRADINGS EXCAVATIONS AND FILLS IN HILLSIDE AREAS "SECTIONS 17.06.010 17.06.020 17.06.030 17.06.040 17.06.041 17.06.042 17.06.043 17.06.044 17.06.045 17.06.046 17.06.050 17.06.060 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17' 17 17 17 17 .06.070 . 06 080 .06.090 .06.100 .06.110 .06.120 .06.130 .06.140 .06.150 .06.160 .06.170 .06.180 . 06190 .06.200 .06.210 .06.220 .06.230 .06.240 .06.250 .06.260 .06.270 .06.280 .06.281 Applicability of chapter. Definitions - Generally. Purpose of chapter. Permits - When required. Permits - When not required. Permits - Application ® Generally. Permits ® Application m Requirements for scale plans and drawings. Permits ® Issuance by Chief building Inspector. Permit. fees. Permits m Issuance or denial m Conditions. False statements and data. Plans for grading work m Maintained at site. Inspections, Supervision and site inspection. Engineering geological reports. Soils engineering reports. Excavations - Generally. Fills - Generally. Landscaping. Maintenance of protective devices. Fills constituting menace m Repair. Drainage requirements. Safety precautions generally. Certificates of approved soil testing agency. Slippage planes. Protection to adjacent property. Deposits of earth prohibited m Where. Performance bonds. Liability insurance. Transfer of permit. Revocation of permit. Permit expiration - renewal. Excavation blasting w Permits, etc. Alternate Methods Appeals. M "SECTION 17.060010 APPLICABILITY OF CHAPTER. The provisions set forth in this chapter shall apply to all land within the corporate limits of the City of Anaheim falling within the, --Classification of 'Hillside Areas' as the same are herein defined. 'SECTION 17.06.020 DEFINITIONS GENERALLY. Fo'r the purposes of this chapter, the words and phrases contained in this section shall, when used in this chapter, have the meanings res- pectively ascribed to them by this section unless the context clearly requires otherwise® (a) 'APPROVED' DEFINED, Approved,' when referring to a method, means a method which the City Engineer finds will produce the results specified in this chapter. (b) ""APPROVED SOIL TESTING AGENCY' DEFINED. 'Approved soil testing agency' means an agency which the City Engineer finds has technically qualified personnel and adequate facilities for making the required soil tests. (c) 'SOILS ENGINEER' DEFINED. A 'Soils Engineer9 means a person who is a registered Civil Engineer licensed by the State of California and practices in soil mechanics and the analysis of slope stability. (d) 'ENGINEERING GEOLOGY' DEFINED. 'Engineering Geo- logy' is the application of geologic knowledge, principles and techniques in the observation and evaluation of the influence of earth materials, including ground water, in the planning, construc- tion, and maintenance of earth slopes and engineering structures. (e) 'EXCAVATION' DEFINED. 'Excavation' means any act by which earth, sand, gravel, rock or any other material is cut into, dug, quarried, uncovered, removed, displaced or relocated by any method or means, and shall include the conditions resulting therefrom. (f) 'FILL'' DEFINED. 'rill' means any act by which earth, sand, gravel, rock or any other material or any combination of the foregoing is deposited, placed, pushed, pulled or trans- ported to a place and shall include the conditions resulting therefrom, (g) 'GRADING° DEFINED. "Grading'' means an excavation or fill, or any combination thereof, and shall include the condi- tions resulting from any excavation or fill. (h) 'PERSON' DEFINED. 'Person' means any individual, firm, copartnership, joint adventure, association, social group, fraternal organization, corporation estate, trust, business trust, receiver, trustee, syndicate or any other group or combination acting as a unit, except the United States of America, the State and any political subdivision of either thereof. (i) 'REGISTERED CIVIL ENGINEER' DEFINED. 'Registered civil engineer' means a person who practices or offers to practice civil engineering and who is licensed to do so by the Board of Registration for Civil and Professional Engineers of the State of California. (j) 'HILLSIDE AREA' DEFINED. 'Hillside Area, is defined as an area within which the lot grading necessary to create a building pad would involve a cut or fill of 3 feet or more in vertical height below or above the natural ground or a summation of cut and fill which amounts to .5 feet or more; to- gether with such other areas as may be designated 'Hillside Areas' by the City Engineer. "SECTION 17.06.030 PURPOSE OF CHAPTER. The unregu- 1-ated excavation and filling of property, in the course of the physical development of the City, could cause extensive damage to public and private property and result in numerous hazardous con- ditions. The purpose of this chapter is to require that excava- tions and fills be performed in accordance with good engineering practice, thereby reducing to a minimum the hazards and damage to public and private property from such work. "SECTION 17.06.040 PERMITS - WHEN REQUIRED. A (a) No person shall do any grading without a permit therefor from the City Engineer if such grading will result in any of the following - (1) An excavation or fill which endangers the adjacent property; (2) An excavation or fill in excess of one hundred cubic yards; (3) An excavation three feet or more below a two (horizontal.) to one (vertical) descending slope from any property line, or a fill three feet or more above a two (horizontal) to one (vertical) ascending slope from any property line; (4) An excavation or fill within a public sewer, water main, storm drain or power line easement. (b) A separate permit shall be required for each non- contiguous site, unless at time of permit request the various non-contiguous sites are defined in permit application. One per- mit may cover both an excavation and a fill on the same site made with the excavated materials (c)When, due to a violation of subdivision (a) of this section, any earth, sand, gravel, rock, stone or other excavated material is caused to be deposited upon or to roll, flow or wash upon any private property, or public place or way, the permittee shall cause the same to be removed from such private property, public place or way within thirty-six hours after notification to do so by the City Engineer. In the event it is not so removed'. the Director of Public Works may cause such removal and the cost of such removal shall be paid to the City by the permittee. (d) When, due to a violation of subdivision (b) of this section, any earth, sand, gravel, rock, stone, or other excavated • material is allowed to blow or spill over and upon any street, alley or public way or adjacent property, the permittee shall immediately cause the same to be removed upon notification by the City Engineer. In the event it is not so removed, the Director of Public Works may cause such removal and the cost of such removal shall be paid to the City by the permittee. 3 "SECTION 17.06.041 PERMITS - WHEN NOT REQUIRED. No permit shall be required by virtue of this chapter for any of the following. (a) Grading pursuant to a permit for excavation in pub- lic streets. (b) Grading in connection with a public improvement or public work for which inspection is provided by the City. (c) Grading by a public utility or a mutual water com- pany in private easements, (d) An excavation below finished grade for basements and footings of a building, swimming pool or underground structure authorized by a valid building permit where the cost of such ex- cavation is included in the building permit valuation. This excep- tion shall not affect the applicability of this chapter to, nor the requirement of a grading permit for, any fill made with the material from such excavation in accordance with Section 17.06.040 above. (e) Grading by a public agency which possesses the power to levy an ad valorem tax. "SECTION 17.06.042 PERMITS - APPLICATION ® GENERALLY. To obtain a permit required by this chapter, the applicant shall first file an application therefor in writing, upon forms furnished by the City Engineer. The application shall be signed by the owner, or his authorized agent, of the property where the work is to be performed. An agent"s authority must be submitted in writing, signed by the owner of the property involved. Every such application shall contain the following infor- mation, (1) The purpose of the work, and a statement as to whether or not the purpose of the excavation is to prepare the site for subdivision. under the State Subdivision Map Act; (2) The amount of material proposed to be excavated and the amount of fill in cubic yards; (3) The legal description of the property on which the work is to be performed; (4) The street address at the point of access to the property where the work is to be performed, if such is available; (5) The name and address of the owner, and his author- ized agent, if any, of the property on which the work is to be performed; (6) The name of any person who will haul excavated material to or from the property where the work is to be performed, together with the route to be used over City streets; (7) The name, address and phone number of the person to have effective control of the work; (8) The name, address and phone number of the person, when available, who will receive the excavated material; (9) The estimated dates for starting and completing the work to be done; (10) The name, address and telephone number of Soils Engineer; (11) Such further applicable information as the City Engineer may require in order to carry out the purposes of this chapter. "SECTION 17.06.043 PERMITS - APPLICATION - REQUIRE- MENTS FOR SCALE PLANS AND DRAWINGS. The application required by the preceding section shall be accompanied by scale plans or drawings, prepared and signed by a registered civil engineer, showing the following. - (1) Property lines of the property on which the work is to be performed; (Z) Location of any buildings or structures which are to remain on the property or which influence the design of the work to be performed together with the location of any building or structure on adjacent property within fifteen feet of the property on which the work is to be performed; (3) Finish elevations or contour lines and natural ground contour lines or elevations; boundary dimensions; location; extent and the slopes of all of the work proposed to be done; and a certification of the quantity of excavation and fill involved. (4) Detailed plans of all walls, cribs, drains, 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 cubic feet per second runoff together with supporting calculations of the area served by any drain; (5) Such further applicable plans, drawings, or calcu- lations as the City Engineer may require in order to carry out the purposes of this chapter. The City Engineer may waive the requirement for scale plans or drawings if he finds that; the information on the applica- tion is sufficient to show that the work will conform to the re- quirements of this chapter. "SECTION 17.06.04 + PERMITS ® ISSUANCE BY CHIEF BUILDING INSPECTOR IN CONNECTION WITH. BUILDING PERMITS. All walls or other similar structures on private property required by the City Engineer in connection with permits issued by him shall be constructed under a permit from and inspected by the Chief Building Inspector. The Chief Building Inspector shall file a copy of such permit with the City Engineer. "SECTION 17.06.045 PERMIT FEES. (a) A fee for each grading permit shall be paid to the City Engineer as set forth in the following table-. GRADING PERMIT AND INSPECTION :FEES • 100 cubic yards or less --$15.00 101 to 1000 cubic yards -®$15.00 for the first 100 cubic yards, plus $7.00 for each additional 100 cubic yards or fraction thereof. -5- 1001 to 10,000 cubic yards --$78.00 for the first 1000 cubic yards, plus $6.00 for each additional 1000 yards or fraction thereof. 10,001 to 100,000 cubic yards --$132.00 for the first 0,000 cubic yards, plus $27.00 for each additional 10,000 cubic yards or fraction thereof. 100,001 cubic yards or more --$375.00 for the first 100,000 cubic yards, plus $15.00 for each additional 10,000 cubic yards or fraction thereof. (b) Before accepting a set of plans and specifications for checking, the City Engineer shall collect a plan checking fee. The amount of the plan checking fee for grading plans shall be as shown in the following table. PLAN CHECKING FEES 100 cubic yards or less --No fee. 101 to 1000 cubic yards --$15.00. 1001 to 10,000 cubic yards --$20.00, 10,001 to 100,000 cubic ,yards -®$20.00 for the first 10,000 cubic yards plus $10.00 for each additional 10,000 cubic yards or fraction thereof. 100,001 to 200,000 cubic ards®$110.00 for the first 100,000 cubic yards plus $6.00 for each additional 10,000 cubic yards or fraction thereof. 200,001 cubic yards or more ®$170.00 for the first 200,000 cubic yards, plus $3.00 for each additional 10,000 cubic yards or fraction thereof. (c) The grading permit and inspection fee authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. (d) For excavation and fill on the same site, the fee shall be based upon the volume of the excavation or the fill, which- ever is greater. "SECTION 17.06.046 PERMITS ® ISSUANCE OR DENIAL m CON- DITIONS UPON ISSUANCE. (a) Whenever, in the judgment of the City Engineer, the proposed work would directly or indirectly create a hazard to human life or endanger adjoining property or property at a higher or lower level, or any public sewer, storm drain, street, street im- provement or any other publicproperty, the application shall be denied. If, in the opinion ©f the City Engineer, the danger or hazard can be eliminated by the erection or installation of walls, cribs or other devices, or by a specified method of performing the work, the City Engineer may grant the permit upon condition that the specified protection and precautionary work shall be done to his satisfaction, or upon condition that a specified method of perform- ing the"work shall be used. -6- (b) In granting any permit under this chapter, the Clty Engineer may attach such conditions thereto as may be reasonably necessary to prevent danger to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance. Such conditions may include, but shall not be limited, to, (1)) Limitations on the hours of operation or the period of the year in which the work may be performed and such limitations shall be set forth within the permit; (2) Designation of routes on which materials may be transported and such routes shall be set forth on the grading plan. (3) Requirements as to the laying of dust, the prevention of noises arxd other results offensive or injurious to the neighborhood, the general public or any portion thereof; (4) Regulations as to the use of public streets S� and places during the course of the work when required for preservation of public property or public safety; (5) Requirements for safe and adequate drainage of the site; (6) A requirement that approval of the City Engi- neer be secured before any work which has been commenced may be discontinued; (7) A requirement that the perrrxittee, or his agent, shall provide proper inspection and/or super- vision of the site during inclement, weather in order to take the necessary precautions to maintain the area of the work in such state as to prevent endangering life or property. (8) Requirement for fencing of excavations or fills which would be hazardous without such fencing and such requirements shall be set forth on, the plans. "SECTION 17.06,050 FALSE STATEMENTS AND DATA. No person who prepares or signs any applications, plans or drawings shall wilfully make any false statement or furnish false data therein or thereon. "SECTION 17.06.060 PLANS FOR GRADING WORK - MAINTAINED AT SITE. Plans for grading work bearing the approval of the City Engineer shall be maintained by permittee at the site during the progress of the grading work and until the work has been completed. "SECTION 17.06,070 INSPECTIONS. (a) GENERALLY., The City Engineer may cause the follow- ing inspections to be made when notified by the holder of a permit under this chapter and shall either approve that portion of the work completed or shall notify the permit holder wherein the same fails to comply with this chapter. (b) WHEN PERMITTEE TO NOTIFY CITY ENGINEER. The per- mittee or his agent shall notify the City Engineer! "7 -1 (1) INITIAL INSPECTION. When he is read to begin grading and not less than twenty-four (24� hours before any grading is to be commenced. (2) ROUGH GRADING. Upon completion of all rough grading, at least twenty-four (24) hours before such in- spection is to be made. (3) FINAL INSPECTION. Upon completion of all work, including the installation of all drainage or other structures, sprinklers and slope protection. (c) SPECIAL STRUCTURES. All retaining wall. , crib walls and wing walls are required to be built under permit from and in- spection by the Chief Building Inspector. (d) DISAPPROVAL BECAUSE OF CONDITIONS. If the City Engineer finds the soil or other conditions to be other than as stated in the application for a grading permit, or shown on the ap- proved plans, he may refuse to approve further work until approval is obtained of a revised grading plan which will conform to the existing conditions. Whenever any construction or work is being done contrary to the provisions of any law or ordinance enforced by the Engineering Division, the City Engineer shall issue notice to the responsible party to stop work on that portion of the work on which the violation has occurred. No work shall be done on that portion until the violation has been rectified and approval ob- tained from the City Engineer. "SECTION 17.06.080 SUPERVISION AND SITE INSPECTION DURING GRADING OPERATIONS. (a) SUPERVISION. The Registered Civil Engineer shall exercise sufficient supervisory control during the grading operation to insure compliance with the approved grading plans. (b) It shall be the responsibility of the Registered Civil Engineer to coordinate all site inspection during grading opera- tions. The site inspections may include, but shall not be limited to, (1) Sufficient inspections by the engineering geologist to assure the City Engineer that all geo- logic conditions are properly considered. Where geologic conditions warrant, the City Engineer may require periodic geological reports; (2) Sufficient inspection and compaction con- trol by the Soils Engineer to assure the City Engineer that all fills are being properly controlled. Periodic compaction reports certifying the acceptability of all controlled fills may be required by the City Engineer. "SECTION 17.06.090 ENGINEERING GEOLOGICAL REPORTS. In the interest of public safety and welfare, the City Engineer may require a thorough engineering geological investigation and report, based on the grading plan, to be performed by an accredited engi- neering geologist experienced in hillside grading, retained by permittee, and two copies of the complete report on his findings shall be submitted to the City Engineer prior to the issuance of a grading permit. ffm E 0 "SECTION 17 06.100 SOILS ENGINEERING REPORTS, In the interest of public safety and welfare, the City Engineer may require a thorough soils engineering investigation based on the grading plan to be conducted by an approved soils engineer retained by the appli- cant and a complete report of his findings shall be filed in dupli- cate with the City Engineer prior to the issuance of a grading permit. The soils report may include but shall not be limited to specifying bedrock, cow -position and characteristics of the native soils, certification as to the stability and acceptability of exist- ing fills, certification as to the stability of the proposed slopes, results of shearing strength tests and recommendations for the placing of additional fills for grading procedures where soils problems exist. "SECTION 17 06011,0 EXCAVATIONS - GENERALLY. (a) SLOPE STANDARDS GENERALLY,, No excavation shall be made with a cut face steeper than 1-112 horizontal to 1. vertical, unless the report prepared by the engineering geologist states that a steeper slope would be safe and stable,, (b) Deviation from slope standard maximum will not be permitted unless the conditions are unusually favorable and the per- mittee furnishes a written opinion of an engineering geologist certifying that he has in-vest,igated the site and that the proposed deviation. will not endanger any private or public property or result in the deposit of debris or, any public way or cause any public way to be endangered due to loss of supporting foundation as a result of slope instability. (c) WHEN CUT FACE '10 BE FLATTER. The City Engineer may require the excavation to 'be made with a cut face flatter in slope than one and one-half horizontal to one vertical if, in his opinion, existing conditions make such flatter cut necessary for stability and safety,. The entire area of cut slope shall be confined within one lot or parcel and the top of cut slopes shall be located a minimum of one foot from the adjoining property line. All exposed cut slopes shall be protected upon completion with planting as set forth in Section 17.06.1 30 Landscaping. (d) Cut slopes exceeding thirty (30) feet but less than sixty (60) feet in vertical height shall be terraced at approxi- mately mid -height. Terraces are to be not less than six feet wide, paved, impermeable and shall carry water to a safe disposal area as approved by the City Engineer. A terrace shall be constructed for every thirty (30) feet of vertical height. (e) APPLICABILITY OF SECTION. This section applies to all hillside area excavations in the City regardless of whether or not a permit is required by this chapter. "SECTION 17.,06.120 FILLS - GENERALLY. (a) TO BE COMPACTED. All fills shall be compacted unless the City Engineer finds that such compaction is not required. (b) SLOPE STANDARDS. No fill shall be made which creates any exposed surface steeper in slope than one and one-half horizontal to one vertical. The City Engineer may, upon request, permit de- viations from the above standard, provided that the owner furnishes a written opinion of a Soils Engineer certifying that he has investi- gated the site and that the proposed deviation will not endanger any property. (c) WHEN SURFACE TO BE FLATTER. The City Engineer may require that a fill be constructed with an exposed surface flatter than one and one-half horizontal to one vertical if he • finds that such flatter surface is necessary for stability and safety. (d) in the grading of subdivisions or similar develop- ments, the entire area of fill slope shall be confined within one lot or parcel and the top of the fill slopes shall be located a minimum of one foot from the adjoining property line. In the grading of exterior lots of subdivisions or similar developments and in the grading of all single lots the toe of the fill shall be located a minimum of one foot from the adjoin- ing property line. (e) GENERAL REQUIREMENTS. Fills shall be compacted, inspected and tested in accordance with, but not limited to, the following provisionsa (1) Prior to placing fills, the City Engineer may require that certificates be filed with the City Engi- neer signed by a Soils Engineer stating that the sub- soils have sufficient stability to support the proposed fill without settlement that may cause damage to pro- posed improvements. (2) All existing fills shall be certified by the Soils Engineer before any additional fills are added. k '3) The space over which fills are to be made shall first be cleared of all trash, brush, trees, stumps, timber or debris and shall be scarified. (4) All filling shall be done with good sound earth or ground. No oil cake, macadam or bituminous pavement, concrete, rock, boulders or other lumpy material not easily broken shall be used in the fill, unless the same is distributed, placed more than one foot below the subgrade and does not exceed twelve inches in the greatest dimension. No 'nesting' of such material will be permitted. (5) When an existing fill is to be widened or a new fill is to be made, the new material shall be bonded to the old by plowing deep longitudinal furrows or other method approved by the City Engineer. (6) When an existing fill is to be widened or a new fill is to be made and the slope of the existing fill or the slope of the natural ground exceeds five feet horizontal to one foot vertical, the surface of the existing fill or natural ground shall be cut in a series of benches, Each bench shall be the width of the proposed compaction equipment plus five feet or a minimum width of ten feet and graded to slope toward the cut side of the bench, or such other method as may be approved by the City Engineer. A sectional view shall be drawn on the grading plan showing the width, location and gradient of the proposed benches or the complete details of any other proposed method. • 0 (7) All exposed fill slopes shall be protected prior to acceptance with planting, as set forth in Sec- tion 17,06.130 ® Landscaping, in order to prevent erosion. (8) The fill material, after compaction, shall have a minimum relative density of not less than ninety per cent of maximum density, or such lesser per- centage as specified by the City Engineer, as deter- mined by the AASHO Soil Compaction Test T 180-57 as modified, to use three layers of soil in lieu of five layers of soil in all portions of the fill, including the area of the fill slope. (9) A written report of the compaction attained in fill showing the location and depth of test holes, materials used, moisture condition and relative dry density obtained from all tests prepared by a Soils Engineer shall be submitted in duplicate to the City Engineer, If the fill is to support buildings or structures, the report shall include recommendations as to the re- commended soil -bearing pressures. (f) Fills 'toeing out' on to existing slopes which are steeper than two horizontal to one -vertical will not be permitted, without the installation of protective supports approved by the City Engineer. (g) Fill slopes exceeding 25 feet but less than 50 feet in vertical height shall be terraced at approximately mid -height. Terraces are to be not less than 6 feet wide, paved, impermeable and shall carry water to a safe disposal area as approved by the City Engineer. A terrace shall be constructed for every 25 feet of vertical height. (h), APPLICABILITY OF SECTION. This section applies to all hillside area fills regardless of whether a permit is re- quired by this chapter, except: that the tests and reports specified by this section may not be necessary in connection with fills for which no permit is required. "SECTION 17.06,130 LANDSCAPING, All filled slopes and those cut slopes that are considered by the City Engineer to be sub- ject to excessive soil erosion in hillside areas shall be planted and irrigated with a sprinkler system to promote the growth of the ground cover plants to protect the slopes against erosion. In developing a site for subdivision or similar purposes, it shall be the responsibility of the developer to plant and main- tain all graded slopes where required by this ordinance until the property is sold, or for a period not to exceed one year from the date the planting is installed, whichever is sooner. No grading bond posted by the permittee shall be withheld beyond the date of this responsibility unless so specifically ordered by action of the City Council. The minimum requirements are as follows,', A. Low slopes (to 15' in vertical height). 1. Plant with grass or ground cover plants as approved by the Parkway Maintenanc6 Super- intendent. 2. A sprinkler system shall be installed to irrigate these slopes preferably as a part of the house plumbing installation, unless otherwise authorized by the City Engineer. 3. The permittee, owner or developer shall water the slopes which have been planted with grasses or ground cover plants at suf- ficient time intervals to promote growth. B. Medium slopes (to 38' in vertical height). 1. Plant with grass or ground cover plants as set forth in Section A above. 2. Install an adequate sprinkler system prefer- ably as a part of the dwelling construction, prior to any planting. 3. Plant shrubs as approved by the Parkway Main- tenance Superintendent, one gallon minimum size at 10 0" o.c. in that portion of the slope that exceeds 15' 0" in vertical height. C. High slopes (38' or over in vertical height). 1. Plant with grass or ground cover plants as set forth in Section A above and with shrubs as set forth in Section B above. 2. That portion of the slope above 38' 0" shall be planted as a part of the grading opera- tion, with the app, roved shrubs minimum one gallon size at 10 o.c. in both directions on the slope, or trees at 20' o.c. both ways. A combination of shrubs and trees may be utilized. The plant and planting pattern may be varied upon the recommendations of a landscape architect. 3. Slopes exceeding a height where a drainage terrace is required shall be planted with shrubs minimum size one gallon 2' on center parallel to the terraces and within 2' on the downhill, side. Larger varieties may be staggered on each side of the terrace as an alternate, General Conditions. 1. Plans of the permanent sprinkler system shall be submitted to and approved by the Building Department prior to installation. 2. Sprinkler systems shall be designed to pro- vide a uniform water coverage. In no event shall the rate of precipitation or duration of sprinkling be permitted to create a satu- rated condition or cause an erosion problem. 3. A functional test of the sprinkler system shall be performed by the installer in the presence of a City inspector for every sprinkler system prior to approval by the City Engineer. _12 -1 "SECTION 17,06.140 MAINTENANICE OF PROTECTIVE DEVICES. The owner of any property on which an excavation or fill has been made pursuant to a permit granted under this chapter, or any other person or agent in control of such property,, shall maintain in good condition and repair all retaining walls, cribbing, drainage structures, planted slopes and other protective devices shown in the approved plans or drawings submitted with the application for the grading permit. "SECTION 17.06.150 REPAIR OF EXISTING EXCAVATION OR FILL WHICH CONSTITUTES FENACE. Whenever the City Engineer deter- mines by inspection that any existing excavation or fill from any cause has become a menace to life or limb, or endangers property, or affects the safety, usability or stability of a public way, the owner of the property upon which such excavation or fill is located, or other person or agent in control of the property, upon receipt of notice in writing from the City Engineer so to do, shall, within 30 calendar days from the date of such written notice, commence the repair or reconstruction of such excavation or fill so that it will conform to the requirements of this chapter, or otherwise repair, reconstruct, strengthen or eliminate such excavation or fill in a manner satisfactory to the City Engineer so that it will no longer constitute a menace or danger as aforesaid. A shorter period of time may be specified by the City Engineer if an imminent and immediate hazard is found to exist, Any person receiving notice as set out in this section may appeal from the notice of the City Engineer in the mariner provided by Section 17,04.160 of this Code. "SECTION 17,06.160 DRAINAGE REQUIREMENTS. Provision shall be made to prevent, any surface waters from damaging the cut face of an excavation or the sloping surface of a fill. All drainage provisions shall be so constructed as to prevent erosion of any slope and shall be of such design as to carry surface water to the nearest street, storm drain or natural watercourse approved by the City Engineer as a safe place to deposit and receive such waters. "SECTION 17 06.170 SAFETY PRECAUTIONS - GENERALLY. If at any stage of work on an excavation or fill the City Engineer determines by inspection that the nature of the formation is such that further work as authorized by an existing permit is likely to endanger any property or public way, the City Engineer may require as a condition to allowing further work to be done that such reasonable safety precautions be taken as the City Engineer con- siders advisable to avoid such danger. Such safety precautions may include, but shall not be limited to, specifying a flatter exposed slope, construction of additional drainage facilities, berms, terracing, compaction or cribbing, or combination of any of the foregoing. "SECTION 17.06,,180 CERTIFICATES OF APPROVED SOIL - TESTING AGENCY. In addition to the inspection of any fills made by the City Engineer, the City Engineer may require a certificate by a Soils Engineer based on tests of the fill at selected stages. If favorable conditions exist, the City Engineer may, by prior approval, waive requirements for super -vision of, or soil tests by, an approved soil testing agency. "SECTION 17.06.190 SLIPPAGE PLANES. Whenever a possible slippage plane is apparent on the surface or encountered during the excavation work a written report will be furnished the City Engineer by a qualified engineering geologist prior to any further work being performed within the area affected by said slippage plane. Said report shall include recommendations for -13- 0 is the remedial treatment required to prevent potential hazard to the area caused by the slippage plane, Permittee shall take such protective measures as may be required by the City Engineer in order to safeguard the area against the said potential hazard. "SECTION 17.06.200 PROTECTION TO ADJACENT PROPERTY DURING EXCAVATIONS - FENCES AND GUARD RAILS, No person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley or other property with- out supporting and protecting such public street, sidewalk, alley or other property from settling, cracking or other damage which might result from such excavation, Should the nature of the excavation create a hazard to life unless adequately fenced, the applicant may be required to construct approved fences or guard rails to safe- guard persons using the public street, sidewalk, alley or other property. "SECTION 17.06.210 WHERE DEPOSITS OF EARTH, ROCK,, ETC., ARE PROHIBITED, (a) No person shall dump, move or place any earth, sand, gravel, rock, stone, or other excavated material so as to cause the same to be deposited upon, or to roll, flow or wash upon or over, the premises of annother without the express consent of the owner of such premises so affected or upon or over any public place or way. (b) No person shall, when hauling any earth, sand, gravel, rock, stone or other excavated material over any public street, alley, or other public place, wilfully allow such materials to blow or spill over and upon such street, alley or public way or adjacent private property. "SECTION 17.06,220 PERFORMANCE BONDS, (a) A cash bond or surety bond for each permit shall be required in a form satisfactory to the City Engineer and approved by the City Attorney in the sum of thirty per cent (30%) of the estimated cost of the work conditioned upon the faithful perform- ance of the work within the time specified by the City Engineer or within any extension thereof granted by tthe City. (b) Whenever the City Engineer shall find that a default has occurred in the performance of any term or condition of any per- mit, written notice thereof shall be given to the principal and to the surety of the bond. Such notice shall state the work to be done to create a safe condition including fencing and any necessary drainage installations, the estimated cost thereof and the period of time deemed by the City Engineer to be reasonably necessary for the completion of the work. (c) After receipt of such notice of default the surety shall, within the time therein specified, either cause the required work to be performed or, failing therein, pay over to the City the estimated cost of doing the work as set forth in the notice, plus an additional sum equal to ten per cent (10%) of the estimated cost, but not to exceed the principal sum of the bond. Upon the receipt of such monies, the City Engineer shall proceed by such mode as he deems convenient to cause the required work to be performed, but no liability shall be incurred therein other than for the expenditure of the sum in hand therefor. (d) If a cash bond has been posted, notice of default as provided by the preceding paragraph shall be given to the principal, and if compliance is not had within the time specified, the City Engineer shall proceed without delay and without further notice or proceedings whatsoever to use the cash deposited, or any portion of such deposit, to cause the required work to be done by contract or otherwise in the discretion of the City Engineer. The balance, if any, of such cash deposit shall, upon the completion of the work, 4S be returned to the depositor, or to his or assigns, after deducting the cost of the work plus ten per cent (10%) thereof. is(e) In the event of any default in the performance of any term or condition of the permit for the work, the surety or any person employed or engaged on its behalf, or the City Engineer or any person employed or engaged on his behalf, shall have the right to go upon the premises to complete the required work or make it safe. (f) -No person shall interfere with or obstruct the in- gress or egress to or from any such premises by any authorized representative or agent of any surety or of the City engaged in completing the work required to be performed under the permit or in complying with the terms or conditions thereof. (g) The term of each bond posted shall begin upon the date of the posting thereof and shall end upon the completion to the satisfaction of the City Engineer of all the terms and condi- tions of the permit for the work. Such completion shall be evidenced by a statement thereof signed by the City Engineer and delivered to the permittee or his agent, an additional copy of which will be sent to any surety or principal upon request. When a cash bond has been posted the cash shall be returned to the de- positor or to his successors or assigns upon- the exoneration of the bond except any portion thereof as may have been used as here- inabove provided. "SECTION 17.06,230 LIABILITY INSURANCE. Before issuing the permit, the City Engineer shall, require that the applicant for a permit, or his contractor., file a certificate satisfactory to the City Attorney showing that he is insured against claims for damages for personal injury as well as claims for property damage, includ- ing damage to the City by deposit or washing of material onto City streets, which may arise from or out of the performance of the work, whether such performance be by himself, his subcontractor or any person directly or indirectly employed by him. "SECTION 17.06.240 TRANSFER OF PERMIT. No permit re- quired by Section 17.06.040 of this chapter shall be transferable without the written permission of the City Engineer. "SECTION 17.06.2 50 REVOCATION OF PERMIT. Any permit issued under this chapter may be revoked by the City Engineer after notice for: (a) Violation of any condition of the permit. (b) Violation of any provision of this chapter or any other applicable ordinance or law relating to the work. (c) The existence of any condition or the doing of any act endangering the lives or property of others. Written notice shall be served upon the person to whom the permit was granted, or his agent or employee engaged in the • work. Such notice shall contain a brief statement of the grounds for revoking such permit. Notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope by certified mail with postage prepaid, addressed to such person to be notified at the address appearing in his application. In the event any appeal is taken from the decision of the City Engineer in the manner pres- cribed by Section 17.06.280, all work shall be stopped while the appeal is pending, ""SECTION 17.06 260 PERMIT EXPIRATION - RENEWAL. Every permit issued under the provisions of this chapter shall expire at the end of the period of time set out in the permit. If the per- mittee shall be unable to complete the work within the specified time, he shall, prior to expiration of the permit, present in writing to the City Engineer a request for an extension of time, setting forth therein the reasons for the requested extension. If, in the opinion of the City, such an extension is necessary, he may be granted additional time for the completion of the work. "SECTION 17.06.270 EXCAVATION BLASTING; PERMIT; APPLICATION; REPORT (a) No person shall do any excavation blasting without a permit therefor, from the fire marshal of the City of Anaheim. The application for such a permit shall be on forms prescribed by him. (b) The application shall be accompanied by a fee of $5.00. If the Eire Marshall deems an inspection necessary at the blasting site, the fee for such, inspection shall be $7.00 per hour. In the event that traffic control be required beyond that normally furnished the permittee, or his agent, will be billed for the necessary police services at; rates established for this service. In the event: the Fire Marshall deems it necessary as a safety precaution to have fire equipment at the site,, the charges for such equipment as may be necessary will be made against the permittee at the rates established for this service. (c) Insofar, as applicable, the provisions of this chap- ter relating to conditions in permits procedure and like matters shall govern excavation. blasting permits; but the fire marshal shall continue to enforce all applicable :laws on blasting under his jurisdiction that are not in conflict with this chapter, and the fire marshal may make and keep on file in his office any rules which have been approved by the City Manager establishing condi- tions for excavation blasting permits "SECTION 17,06.280 ALTERNATE METHODS, The provisions of this ordinance are not intended to prohibit the use of any material or method of construction not specifically prescribed by this ordinance, provided that the use of such. alternate has been approved by the City Engineer, prior to such use, The City Engineer may approve the use of any material or method of construction. which will provide an end result in con- formance with the requirements of this ordinance, provided that sufficient evidence be presented to satisfy the City Engineer of the satisfactory end result to be attained through the use of such material or method of construction prior to his approval of their use. Such tests as may be required shall be performed at the expense of and furnished by the applicant upon request of the City Engineer. • "SECTION 17.06.281 APPEALS Any person aggrieved by any decision of the City Engineer or refusal to issue or renew a permit, or the revocation of a permit required under the provisions of this chapter may appeal to the City Council by filing a notice of appeal with the City Clerk and the City Engineer. Such notice r • of appeal shall be filed within five (5) days from notice of action by the City Engineer when notified personally or within eight (8) days from date of mailing when served by certified mail. The City Engineer shall immediately forward such appeal to the City Council for adjudication by it at the City Council meeting next following receipt of such notice of appeal by said City Engineer. The aggrieved person,by filing his notice of appeal,agrees that he will, without further notice, appear at the City Council meeting next following receipt of notice of appeal by said City Engineer for a hearing on the matter. The City Council shall have authority to determine all questions raised on such appeal, and its decision shall be final. No such determination shall conflict with any substantive provision of this chapter. The City Council may at its discretion appoint a Special Board of Appeals composed of the following.- one member qualified in the field of geology; one registered civil engineer experienced in tract grading design; one registered civil engineer experienced in soils mechanics and foundation engineering; one engineering contractor possessing a valid contractor's license issued by the State of California and one other person_. Such Board of Appeals or any part thereof, may be used by the City Council at its dis- cretion to assist the Council in its determination of any appeal before it." SECTION 2. The City Clerk shall certify to the passage of this ordi- nance and shall cause the same to be printed once within fifteen (15) days after its adoption, in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its final passage it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and signed by me this 10th day of December 10 h'4 ATTEST.- CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, DENS M. WILLIAMS, City Clerk of the City of Anaheim. do hereby certify that the foregoing Ordinance No. 1950 was intro- duced at a regular meeting of the City Council of the City of Ana- heim held on the 3rd day of December, 1963, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 10th day of December, 1963, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Chandler, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Schutte AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Ordinance No, 1950 on the 10th day of December, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th day of December, 1963. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) 1, DENS M. WILLIAMS, CITY CLERK OF THE CITY OF ANAHEIM DO HERESY CERTIFY THAT THE FOREGOING ORDINANCE NO / '� d r ' WAS PUBLISHED ONCE IN THE ANAmEIM-BULLETIN r n ON TWk, •