3411ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM REPEALING TITLE 17, CHAPTER 17.06
AND ENACTING A NEW CHAPTER 17.06 RELATING TO
HILLSIDE GRADING.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN
AS FOLLOWS:
SECTION 1.
That Title 17, Chapter 17.06 be, and the same is
hereby repealed.
SECTION 2.
That Title 17 of the Anaheim Municipal Code be, and
the same is hereby amended by adding thereto a new Chapter 17.06
to read as follows:
"CHAPTER 17.06
GRADING, EXCAVATIONS AND FILLS IN HILLSIDE AREAS
SECTIONS:
17.06.010 APPLICABILITY OF CHAPTER
17.06.020 DEFINITIONS
17.06.030 PURPOSE OF CHAPTER
17.06.040 PERMITS - WHEN REQUIRED
17.06.041 PERMITS - WHEN NOT REQUIRED
17.06.042 PERMITS - APPLICATION —GENERALLY
17.06.043 PERMITS - APPLICATION - REQUIREMENTS FOR SCALE
PLANS AND DRAWINGS
17.06.044 PERMITS —ISSUANCE BY CHIEF BUILDING INSPECTOR
IN CONNECTION WITH BUILDING PERMITS
17.06.045 PERMIT FEES
17.06.046 PERMITS - ISSUANCE OR DENIAL - CONDITIONS UPON
ISSUANCE
17.06.050 FALSE STATEMENTS AND DATA
17.06.060 PLANS FOR GRADING WORK - MAINTAINED AT SITE
17.06.070 INSPECTIONS
17.06.080 SUPERVISION AND SITE INSPECTION DURING GRADING
OPERATIONS
17.06.090 ENGINEERING GEOLOGICAL REPORTS
17.06.100 SOILS ENGINEERING REPORTS
17.06.110 EXCAVATION - GENERALLY
17.06.120 FILLS- GENERALLY
17.06.130 LANDSCAPING
17.06.131 SLOPE PLANTING GENERAL
17.06.132 SLOPE PLANTING CATEGORIZATION
17.06.133 PLANTING METHOD
17.06.134 SOIL TESTS AND SOIL CONDITION
17.06.135 IRRIGATION
17.06.13 6 LANDSCAPE AND IRRIGATION PLAN AND
SPECIFICATION APPROVAL
17.06.137 SLOPE CERTIFICATION
17.06.138 PLANTING MAINTENANCE
17.06.139 BONDING
17.06.140 FINAL INSPECTION
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17.06.145 .MAINTENANCE OF PROTECTIVE DEVICES
17.06.150 REPAIR OF EXISTING EXCAVATION OR FILL WHICH
CONSTITUTES MENACE
17.06.160 DRAINAGE REQUIREMENTS
17.06.170 SAFETY PRECAUTIONS GENERALLY
17.06.180 COMPLETION OF WORK
17.06.190 SLIPPAGE PLANES
17.06.200 PROTECTION TO ADJACENT PROPERTY DURING
EXCAVATIONS - FENCES AND GUARD RAILS
17.06.210 WHERE DEPOSITS OF EARTH, ROCK, ETC., ARE
PROHIBITED
17.06.220 PERFORMANCE BONDS
17.06.230 LIABILITY INSURANCE
17.06.240 TRANSFER OF PERMIT
17.06.250 REVOCATION OF PERMIT
17.06.260 PERMIT EXPIRATION - RENEWAL
17.06.270 EXCAVATION BLASTING - PERMIT, APPLICATION AND
REPORT
17.06.280 ALTERNATE METHODS
17.06.281 APPEALS
17.06.290 CONDITIONAL EXCEPTIONS TO CHAPTER
17.06.010 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 Area" as the same is herein defined.
17.06.020 DEFINITIONS For the purposes of this chapter, the
words and phrases contained in this section shall, when used in
this chapter, have the meanings respectively ascribed to them
by this section unless the context clearly requires otherwise.
APPROVED, when referring to a method, means a method which the
City Engineer finds will produce the results specified in this
chapter.
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.
AS -GRADED is the surface conditions existing upon completion
of grading.
BEDROCK is in-place solid rock.
BENCH is a relatively level step excavated into earth
material on which fill is to be placed.
BORROW is earth material acquired from an off-site location
for use in grading on a site.
CERTIFICATION shall mean a written engineering or geological
opinion concerning the progress and completion of the work.
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.
CIVIL ENGINEERING shall mean the application of the knowl-
edge of the forces of nature, principles of mechanics and the
properties of materials to the evaluation, design and construction
of civil works for the beneficial uses of mankind.
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COMPACTION is the densification of earth material by mechanical
means.
CONTOUR GRADING is the transitional use of variable slopes
and the blending of these slopes into contours compatible with
the natural terrain with the toe or top of the slope varying
from a straight line.
EARTH MATERIAL is any rock, natural soil or fill and/or any
combination thereof.
ENGINEERING GEOLOGIST shall mean a professional engineering
geologist registered in the State of California to practice
engineering geology.
ENGINEERING GEOLOGY 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,
construction, and maintenance of earth slopes and engineering structures.
EROSION is the wearing away of the ground surface as a
result of the movement of wind, water and/or ice.
EXCAVATION shall mean 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.
FILL 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 transported to a place and shall include the condi-
tions resulting therefrom.
GRADE shall mean the vertical location of the ground
surface.
EXISTING GRADE is the grade prior to grading.
ROUGH GRADE is the stage at which the grade approximately
conforms to the approved plan.
FINISH GRADE is the final grade of the site which conforms
to the approved plan.
GRADING means an excavation or fill, or any combination thereof,
and shall include the conditions resulting from any excavation or
fill.
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
three feet or more in vertical height below or above the natural ground
or a summation of cut and fill which amounts to five feet or more
or where the natural gradient of the site is 5:1 (horizontal to verti-
cal) or greater; together with such other areas as may be designated
as "hillside areas" by the City Engineer.
KEY is a designed compacted fill placed in a trench excava-
ted in earth material beneath the toe of the proposed fill slope.
LANDSLIDE shall mean the downward and outward movement of
soil, rock or fill or a combination thereof.
MASSIVE LANDSLIDE shall mean a landslide too large to be
stabilized by retaining methods or normal control methods.
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PERSON means any individual, firm, copartnership, joint venture,
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.
SITE is any lot or parcel of land or contiguous combination
thereof, under the same ownership, where grading is performed or
permitted.
SLOPE is an inclined ground surface the inclination of which
is expressed as a ratio of horizontal distance to vertical
distance.
SOIL is naturally occurring surficial deposits overlying
bed rock.
SOIL ENGINEER 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.
SOIL ENGINEERING shall mean the application of the principles
of soil mechanics in the investigation, evaluation and design of
civil works involving the use of earth materials and the inspection
and testing of the construction thereof.
TERRACE is a relatively level step constructed in the face of
a graded slope surface for drainage and maintenance purposes.
17.06.030 PURPOSE OF CHAPTER (a) Unregulated Excavation. The
unregulated 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 conditions.
The purpose of this chapter is to require that excavations and fills be
performed in accordance with good engineering practice, thereby reducing
to a minimum the present and future hazards and damage to public and
private property from such work, and to allow for proper maintenance of
such slopes.
(b) Transitional Areas. Transitional areas may be required
between existing developed areas and areas that require grading. The
scope and extent of the transitional area required will be determined
by individual review by the Planning Commission and/or the City Council
as prescribed under council policy of the City of Anaheim.
(c) Contour grading shall be encouraged, the extent and amount
of such grading shall be determined by individual review by the Planning
Commission and/or the City Council as prescribed under council policy
of the City of Anaheim.
17.06.040 PERMITS - WHEN REQUIRED (a) No person shall do any grad-
ing with mechanical equipment without a permit. An approved grading
plan shall be required if such grading will result in any of the
following:
(1) An excavation or fill which may endanger the adjacent prop-
erty;
(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) ascend-
ing slope from any property lines
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(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 permit may cover both
an excavation and a fill on the same site made with the excavated
materials.
(c) When working by permit under 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 shall
cause such removal and the cost of such removal shall be paid to the
City by the permittee.
(d) When working by permit under 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 shall cause such
removal and the cost of such removal shall be paid to the City by the
permittee.
(e) Any person who shall be required to obtain a permit pursuant
to this chapter who shall fail to obtain said permit shall be guilty
of a misdemeanor as defined in Section 1.01.370 of the Anaheim Munici-
pal Code and punishable as permitted therein.
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 public 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 company 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 excavation is included
in the building permit valuation. This exception 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.
17.06.042 PERMITS - APPLICATION - GENERALLY. To obtain a permit
when grading plans are 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.
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Every such application shall contain the following informations
(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 subdiv-
ision under the State Subdivision Map Act;.
(2) The amount of material proposed to be excavated and the
amount of material proposed as fill both expressed 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.
(5) The name, address and phone number of the owner, and his
authorized 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 or persons,
if known owning the property upon which the excavated material will be
deposited. If not known at the time of application, this information
must be submitted in writing prior to the placement of any excavated
material.
(9) The estimated dates for starting and completing the work to
be done;
(10) The name, address and telephone number of the Soil Engineer
and Engineering Geologist;
(11) Such further applicable information as the City Engineer may
require in order to carry out the purposes of this chapter.
17.06.043 PERMITS - APPLICATION — REQUIREMENTS 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
Civil Engineer, showing the following:
(1) Property boundary lines and dimensions of the property on
which the work is to be performed;
(2) Location of any buildings or structures which are to remain
on the property or which influence the design of the work to be per-
formed 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 ele-
vations or contour lines. 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 stated separately;
(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 supporting calculations. A map
showing the tributary drainage area, or areas, and estimated runoff
expressed in cubic feet per second, together with supporting calcu-
lations,-
(5)
alcu-
lations;(5) Such further applicable plans, drawings, or calculations
as the City Engineer may require in order to carry out the purposes
of this chapter.
17.06.044 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.
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17.06.045 PERMIT FEES A fee for each grading permit shall be paid
to the City Engineer as set forth by Resolution of the. City Council.
17.06.046 PERMITS - ISSUANCE OR DENIAL - CONDITIONS UPON ISSUANCE
(a) Whenever, in the judgment of the City Engineer, the pro-
posed work may -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 improvement or any
other public property, the application shall be denied. If, in the
opinion of 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 condi-
tion that a specified method of performing the work shall be used.
(b) In granting any permit under this chapter, the City Engineer
shall attach such conditions thereto as may be reasonably necessary to
prevent danger to public or private property or to prevent the opera-
tion from being conducted in a manner hazardous to life or property or
in a manner likely to create a nuisance. Such conditions shall
include, but 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) Requirements as to the laying of dust, the prevention of
noises and other results offensive or injurious to the neighborhood,
the general public or any portion thereof;
(3) Regulations as to the use of public streets and places
during the course of the work when required for preservation of public
property or public safety;
(4) Requirements for safe and adequate drainage of the site
in a manner satisfactory to the City Engineer. No work on grading
will be permitted between October 15th and April 15th unless all
required off-site drainage facilities have been installed and are
operative. Between April 15th and October 15th no work on grading
will be permitted until positive assurance is provided the City that
such drainage facilities will be completed prior to October 15th. Said
drainage facilities shall be the first item of construction and shall
be completed and be functional throughout the tract or site, and from
the downstream boundary of the property to the ultimate point of dis-
posal prior to the issuance of any final building inspections or
occupancy permits. Necessary right-of-way for required off-site
drainage facilities shall be dedicated to the City, or the City Council
shall have initiated condemnation proceedings therefor (the costs of
which shall be borne by the developer) prior to commencement of
grading operations. The required drainage facilities shall be of a
size and type sufficient to carry runoff waters originating from high-
er properties through said property to ultimate disposal as approved
by the City Engineer.
(5) A requirement that approval of the City Engineer be
obtained before any work which has been commenced may be discontinued
for a period of one week or more.
(6) A requirement that the permittee, or his agent, shall pro-
vide proper inspection and/or supervision of the site during
inclement weather in order to take the necessary precautions to main-
tain the area of the work in such state as to prevent endangering
life or property;
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(7) Requirements for fencing of excavations or fills which
would be hazardous without such fencing and such requirements shall
be set forth on the plans.
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.
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.
17.06.070 INSPECTIONS.
(a) GENERALLY. The City Engineer shall cause the following in-
spections 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 permittee or
his agent shall notify the City Engineer:
(1) Initial Inspection. When he is ready 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 (2.4) hours before such inspection is to be made.
(3) Final Grading Inspection. Upon completion of all work, in-
cluding the installation of all drainage facilities and other
structures required by the Chief Building Inspector.
(c) SPECIAL STRUCTURES. All retaining walls, crib walls, and
wing walls or similar structures are required to be built under permit
from and inspection 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 approved plans, he
shall 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 pro-
visions of any law or ordinance enforced by the Engineering Division,
the City Engineer shall issue written 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 written approval obtained from the City
Engineer.
17.06.080 SUPERVISION AND SITE INSPECTION DURING GRADING OPERATIONS.
(a) SUPERVISION. The Civil Engineer shall exercise sufficient
supervisory control during the grading operation to insure compliance
with the approved grading plans.
(b) INSPECTIONS. It shall be the responsibility of the Civil
Engineer to coordinate all site inspection during grading operations.
The site inspections shall include, but not be limited to:
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(1) Sufficient inspections by the engineering geologist to
assure the City Engineer that all geologic conditions are properly
considered. Where geological conditions warrants the City Engineer
shall require periodic geological reports;
(2) Sufficient inspection and compaction control by the Soil
Engineer to assure the City Engineer that all fills are being proper-
ly controlled. Periodic compaction reports certifying the accepta-
bility of all controlled fills shall be required by the City
Engineer.
(c) ENGINEERED GRADING REQUIREMENTS. It shall be the
responsibility of the Civil Engineer who prepares the approved grading
plan to incorporate all recommendations from the soil engineer and
engineering geology reports into the grading plan. He shall also be
responsible for the professional inspection and certification of the
grading within his area of technical specialty. This responsibility
shall include, but need not be limited to, inspection and certification
as to the establishment of line, grade and drainage of the development
area. The Civil Engineer shall act as the coordinating agent in the
event the need arises for liaison between the other professionalst
the contractor and the City Engineer. The Civil Engineer shall also be
responsible for the preparation of revised plans if required, and the
submission of as -graded grading plans upon completion of the work and
prior to issuance of any building permit.
Engineering geology and soil engineering reports shall be
required as specified in Sections 17.06.090 and 17.06.100. During
grading all necessary reports, compaction data and soil engineering
and engineering geology recommendations shall be submitted to the
Civil Engineer and the City Engineer by the Soil Engineer and the
Engineering Geologist.
The Soil Engineer's area of responsibility shall include, but
need not be limited to, the professional inspection and certification
concerning the preparation of ground to receive fills, testing for
required compaction, stability of all finish slopes and the design of
buttress fills, where required, utilizing data supplied by the
Engineering Geologist.
The City Engineer shall inspect the project at the various
stages of the work requiring certification and at any more frequent
intervals necessary to verify that adequate control is being exer-
cised by the professional consultants.
(d) NOTIFICATION OF NONCOMPLIANCE. If,, in the course of
fulfilling their responsibility under this Chapter, the Civil
Engineer, the Soil Engineers the Engineering Geologist or the testing
agency finds that the work is not being done in conformance with this
Chapter or the approved grading plans, the discrepancies shall be
reported immediately in writing to the person in charge of the grading
work and to the City Engineer. Recommendations for corrective measures
shall be submitted in writing.
(e) TRANSFER OF RESPONSIBILITY FOR CERTIFICATION, If the Civil
Engineer, the Soil Engineer, the Engineering Geologist or the testing
agency of record are changed during the course of the work,, the work
shall be stopped until the replacement has agreed in writing to accept
the responsibility within the area of their technical competence for
certification upon completion of the work.
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17.06.090 ENGINEERING GEOLOGICAL REPORTS In the interest of public
safety and welfare, the City Engineer shall require a thorough
engineering geological investigation and report, based on the grading
�-- plan, to be performed by a licensed Engineering Geologist experienced
in hillside grading, retained by applicant, and two copies of the
complete and final report on his findings shall be submitted to and
approved by the City Engineer prior to the issuance of a grading permit.
17.06.100 SOIL ENGINEERING REPORTS. In the interest of public
safety and welfare, the City Engineer shall require a thorough soil
engineering investigation based on the grading plan to be conducted
by an approved licensed Soil Engineer retained by the applicant and
a complete report of his findings shall be filed in duplicate with
the City Engineer prior to the issuance of a grading permit. The
soil report shall include but not be limited to, specifying areas,
bedrock, location, composition and characteristics of the native
soil, certification as to the stability and acceptability of exist-
ing cuts or fills, certification as to the stability of the proposed
slopes, results of shearing strength tests and recommendations for
the placing of additional fills or performing additional excavations.
17.06.110 EXCAVATION - GENERALLY
(a) SLOPE STANDARDS GENERALLY. No excavation shall be made with
a cut slope steeper than one and one-half horizontal to one vertical
and slopes in excess of twenty-five feet in height that are not contour
graded shall not be made with a slope steeper than two horizontal to
one vertical unless the licensed Engineering Geologist or Soil Engineer
in the approved report recommends that a steeper slope would be safer
and more stable. Use of contour grading is required in accordance
with Council Policy No. 211 and standards approved by the City
Council. Cut slopes in excess of 200 feet in length shall be contour
graded and shall have a variety of slope ratios.
The Soil Engineer or Engineering Geologist shall furnish a written
opinion certifying that he has investigated the site and that the
two (horizontal) to one (vertical) slope is adequate and will not en-
danger any public or private property or result in the deposit of
debris on any public way or cause any public way to be endangered due
to loss of supporting foundation as a result of slope instability.
All lots shall be graded to drain to public or private streets
unless prior approval has been received from the City Engineer.
(b) CUT FACES. The City Engineer shall require additional
engineering information from the licensed Engineering Geologist or
Soil Engineer if, in his opinion, existing conditions make a flatter
slope than one and one-half horizontal to one vertical necessary for
stability and safety.
The area of cut slope shall be confined within one lot or parcel
and the top of cut slopes shall be located as shown in Table 17-A,
Setbacks. All exposed cut slopes shall be protected upon completion
with planting as set forth in Chapter 17.06, Section 17.06.130.
(c) TERRACING. Cut slopes exceeding twenty-five (25) feet in
vertical height shall be terraced at approximately midheight or at
--- maximum intervals of twenty-five (2.5) feet. Terraces shall be six (6)
feet wide 'except that an eighteen (18) foot wide terrace shall be
required at each fifty (50) foot interval for the height of the cut
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slope. Terraces shall be paved not less than six feet wide with a
minimum longitudinal grade of 5%, shall be constructed with three inch
(3") thick reinforced concrete or air -blown mortar, using medium or
dark earthen tones (black, tan, sienna, umber, ochre, green), and shall
carry water to a safe disposal area as approved by the City Engineer.
(Ref. Table No. 17-A, Setbacks)
(d) APPLICABILITY OF SECTION. This section applies to all hill-
side area excavations in the City regardless of whether or not a
grading plan is required by this chapter.
17.06.120 FILLS - GENERALLY
(a) TO BE COMPACTED. All fills shall be compacted to meet
the Requirements of the City Engineer. All lots shall be graded to
drain to public or private streets unless otherwise approved by the
City Engineer.
(b) SLOPE STANDARDS GENERALLY. No fill shall be made with a
fill slope steeper than one and one-half horizontal to one vertical and
slopes in excess of twenty-five feet in height that are not contour
graded shall not be made with a slope steeper than two horizontal to
one vertical unless the licensed Engineering Geologist or Soil Engineer
in the approved report recommends that a steeper slope would be safer
and more stable. Use of contour grading is required in accordance with
Council Policy No. 211 and Standards approved by the City Council.
Fill slopes in excess of 200 feet in length shall be contour graded
and shall have a variety of slope ratios.
(c) WHEN SURFACE TO BE FLATTER. The City Engineer shall
require additional engineering information from the Soils Engineer
if, in his opinion, a flatter surface is necessary for stability and
safety.
(d) LOCATION ON LOT. In the grading of subdivisions or
similar developments, the entire area of fill slope shall be confined
within one lot or parcel and the top of the fill slopes shall be
located as shown in Table No. 17-A, Setbacks.
In the grading of exterior lots of subdivisons or similar develop-
ments and in grading of all single lots, the toe of the fill shall
be located as shown in Table No. 17-A, Setbacks.
(e) GENERAL REQUIREMENTS. Fills shall be compacted, inspected
and tested in accordance with, but not limited to, the following
provisions:
(1) Prior to placing fills, the City Engineer shall require
that certificates signed by. a Soil Engineer be filed with the City
Engineer stating that the subsoils have sufficient stability to
support the proposed fill without settlement that may cause damage to
proposed improvements.
(2) All existing fills shall be certified by the licensed Soil
Engineer before any additional fills are added.
(3) The space over which fills are to be made shall first be
cleared of all trash, brush, trees, stumps, timber, debris,
non -complying fill or other unsuitable materials as determined by the
Soil Engineer and Engineering Geologist.
(4) All filling shall be done with good sound earth or soil.
No oil cake, macadam or bituminous pavement, concrete, rock, boulders
or other unsuitable material not easily broken shall be used in the
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fill, unless the same is distributed, placed more than two feet below
the subgrade and does not exceed six 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 cutin a
series of benches. Each bench shall be the width of the proposed com-
paction 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.
(7) All exposed fill slopes shall be protected prior to
acceptance with planting, as set forth in Section 17.06.130 - Land-
scaping, in order to prevent erosion.
(8) All fills shall be compacted to a minimum of 90 per cent of
maximum density as determined by Moisture -Density Relations of Soils:
Tentative Methods of Test - D1557 -58T of the ASTM. Field density
shall be determined in accordance with In -Place Density of Soils:
Tentative Methods of Test - D1556 -58T of the ASTM or equivalent as
approved by the City Engineer.
(9) A written report of the compaction attained in fill showing
the location and depth of test holes, materials used, moisture con-
dition and relative dry density obtained from all tests prepared by a
Soil 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 recommended allowable soil -
bearing pressures.
(f) TOEING OUT. 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) TERRACES. Fill slopes exceeding twenty-five (25) feet in
vertical height shall be terraced at approximately midheight or at
maximum intervals of twenty-five (25) feet. Terraces shall be six (6)
feet wide except that an eighteen (18) foot wide terrace shall be
required at each fifty (50) foot interval for the height of the fill
slope. Terraces shall be paved not less than six (6) feet wide with
a minimum longitudinal grade of 5%, shall be constructed with three
inch (3") thick reinforced concrete or air -blown mortar using medium
or dark earthen tones (black, tan, sienna, umber, ochre, green), and
shall carry water to a safe disposal area as approved by the City
Engineer. (Ref. Table No. 17-A, Setbacks)
(h) APPLICABILITY OF SECTION. This section applies to all hill-
side area fills regardless of whether a grading plan is required by
this chapter, except that the tests and reports specified by this
section may not be necessary in connection with fills for which no
grading plan is required.
17.06.130 LANDSCAPING: Description and Purpose All cut or filled
slopes except slopes not exceeding five (5) feet in vertical height
or such graded slopes designated as "Native Slopes" (Section
17.06..132.050), shall be planted with permanent ground cover,
adequately interspersed with shrubs and trees to protect the slopes
against erosion and shall be irrigated with a permanent sprinkler
system to promote and sustain growth of said plantings.
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17.06.131 SLOPE PLANTING GENERAL
.010 Landscaped slopes shall be categorized for protection and
beautification depending on their location and utilization and as
described in Section 17.06.132.010, 020, 030, 040, 050. The category
designated by the landscape architect, subject to review and approval
by the Development Services Department, will be indicated on each
sheet of submitted landscape and irrigation plans indicating both
the boundaries and the total area for each category.
.020 Planting materials shall be selected from the recommended
list for all out and fill slopes in the hillside areas. Substitu-
tions for listed recommended planting varieties may be made provided
that both the material physical area and size are specified and that
such data be supported by recognized horticultural documentation.
.030 Recommended slope trees are outlined in Table I.
Recommended slope shrubs are outlined in Table II. Recommended
ground covers are outlined in Table III. Recommended procedures for
designing slopes are outlined in Table IV.
17.06.132 SLOPE PLANTING CATEGORIZATION
.010 SHOW SLOPES. Those which would include slopes adjacent
to or abutting arterial highways with elevations equal to or greater
than said highways, entryways into developments, lot front setback
areas, side portions of lot areas with slopes less than fifteen (1.5)
feet in vertical height or model complexes, etc., which need imme-
diate and profuse beautification and protection.
.011 Trees. Show slopes shall be provided with a minimum of
40 percent tree coverage, except that all trees planted on slopes
less than fifteen (15) feet in vertical height are to be planted no
greater than forty (4.0) feet on center and are to be five (5) gallon
size minimum or at least six (6) feet in height at the time of
certification. All other slope trees shall be planted using
100 percent one (1.) gallon size varieties or larger and 30 percent
five (5) gallon varieties or larger. Trees required adjacent to
arterial highways (Section 17.08.354) may be included in the
coverage requirement provided they meet all the provisions of the
above section.
.012 Shrubs. Show slopes shall be provided with a minimum of
50 percent .shrub coverage. Such slopes must be planted with one (1)
gallon minimum size shrubs and must be a minimum of twelve (1.2)
inches in height or a minimum of twelve (12) inches in spread at the
time of planting.
.013 Ground Cover. Slopes may be hand planted with spacing
twelve (1.2) inches on -center to insure 100 percent coverage in one
(1) year from the time of planting or may be planted by hydroseed-
ing utilizing approved mixtures which will insure 100 percent
coverage within one (1) year.
.020 LIVING AREA SLOPES Those which would include slopes
adjacent to or abutting arterial highways with elevations lower than
said highways, between groups of continuous lots such as those of a
planned unit development, side portions of lot areas with slopes
greater than fifteen (15) feet or rear portions of lot areas not
adjacent to a street.
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.021 Trees. Living area slopes shall be provided with a minimum
of 30 percent tree coverage. Such slopes shall be planted with
100 percent one (1) gallon size or larger trees and 30 percent five
(5) gallon size or larger trees.
.022 Shrubs. Living area slopes shall be provided with a mini-
mum of 50 percent shrub coverage. Such slopes shall be planted with
one (1) gallon minimum size shrubs.
.023 Ground Cover. Slopes may be hand planted with spacing
twelve (12) inches on -center to insure 100 percent coverage in one
(1) year from the time of planting or may be planted by hydro -seed-
ing utilizing approved mixtures which will insure 100 percent
coverage within one (1) year.
.030 COMMUNITY SLOPES Those which would include slopes
adjacent to se oo s, par s, commercial sites, etc., side yard and
rear portions of lot areas adjacent to local streets or slopes which
may be viewed from arterial highways.
.031 Trees. Community slopes shall be provided with a minimum
of 40 percent tree coverage. Such slopes shall be planted with 100
percent one (1) gallon size or larger trees and 30 percent five (5)
gallon size or larger trees.
.032 Shrubs. Community slopes shall be provided with a minimum
of 30 percent shrub coverage. Such slopes shall be planted with one
(1) gallon minimum size shrubs.
.033 Ground cover. Slopes may be hand planted with spacing
twelve (12) inches on -center to insure 100 percent coverage in one
(1) year from the time of planting or may be planted by hydro -seed-
ing utilizing approved mixtures which .will insure 100 percent
coverage within one (1) year.
.040 TRANSITIONAL SLOPES. Those which would include slopes
immediately adjacent to permanent natural (native) areas, easements,
extremely difficult natural terrain, undevelopable land, etc., or
railroad rights-of-way and freeways.
.041 Trees. Transitional slopes shall be provided with a
minimum of 20 percent tree coverage except that trees planted on
slopes less than fifteen (15) feet in vertical height are to be
planted no greater than forty (40) feet on center. Such slopes shall
be planted with 100 percent one (1) gallon size or larger trees and
30 percent minimum five (5) gallon size trees.
Trees required adjacent to freeways, expressways and railroad
rights-of-way (Section 17.08.354) may be included in the coverage
requirement, provided the material used complies to show slope
recommended varieties, would meet all the provisions of the above
section and are planted on the slope abutting the top of said slope.
.042 Shrubs. Transitional slopes shall be provided with a
minimum of 50 percent shrub coverage. Such slopes must be planted
with one (1) gallon minimum size shrubs. Up to 40 percent .tree
coverage may be substituted for shrub coverage where desired.
.043 Ground Cover. Slopes may be hand planted with spacing
twelve (12) inches on -center to insure 100 percent coverage in one
(1) year from the time of planting or may be planted by hydro -seed-
ing utilizing approved mixtures which will insure 100 percent
coverage within one (1) year.
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.050 NATIVE SLOPES. Those would include slopes immediately
adjacent to public recreational areas such as golf courses, permanent
native preserves and lakes, etc. This slope designation requires the
prior approval of the Development Services Department.
.051 Native slopes shall be planted with native and indigenous
plant materials, sprinkled with a temporary irrigation system and
maintained by the developer until such time as the plantings are
permanently established. Said slopes may be planted in their entire-
ty by means of hydro -seeding.
17.06.133 PLANTING METHOD Planting specifications for trees, shrubs
and ground covers are to be included in the landscape plans. Minimum
requirements would include:
.010 PIT EXCAVATION AND FILL. All plants shall have pits
excavated aE=east one and one- a f (1.5) times the diameter and
depth of the container or root ball. Backfill shall contain excava-
ted native solid and a prepared mix with specified additives and
amendments as specified in the soils laboratory report.
.020 STAKING. Each tree shall be securely fastened to a
stake. using one ) inch minimum hose ties or secured by a three (3)
wire tie -down system. Staked trees shall be securely supported
using three (3) inch redwood or pine poles, or equivalent, with a
minimum height of six (6) feet above grade.
.030 MATERIAL REMOVAL All stones or rocks over two (2)
inches in size, construction refuse and other deleterious material
shall be removed from the slopes to be planted. After completion of
the planting, all rubbish and surplus material shall be removed.
17.06.134 SOIL TESTS AND SOIL CONDITION The soil condition and
quality on all graded slopes must provide an optimum growing environ-
ment for plant materials in order to promote rapid and healthy plant
growth for an extended period.
.010 SOIL TESTS. Fertility soil samples of all slopes shall
be taken ana7_a reporU prepared by a recognized professional soils
laboratory.
.020 SOIL AADDITIVES AND AMENDMENTS. Soil conditioners such
as nitrohumus, n tro ze re woo , r or pine shaving, etc., nitrious
additives such as nitrogen, phosphorous, potash, soil sulfurs, etc.
and other soil elements shall be added in the amounts prescribed by
the soils laboratory.
.030 WEED CONTROL. Pre -emergent herbicides shall be
employed on all slopes except those which are hydro -seeded and
post -emergent contact herbicides shall be employed on all planted
slopes to destroy the majority of prevalent annual grasses and
broadleaf weeds. Application methods and rates shall be outlined
by the responsible landscape architect, and should include pre -
watering slopes daily to allow maximum weed seed germination prior
to post -emergent control.
.040 NURSE CROP. A temporary ground cover may be seeded to
provide immec�iaTe or temporary slope protection on slopes. The
nurse crop must be a non -competing variety or mix that will allow
permanent ground cover and shrubs to prevail. Such temporary ground
cover may be hydro -seeded.
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.050 IRRIGATION APPLICATION. Maximum irrigation application
rates shall be specified fo-r-le—a-cK graded slope. Application periods,
as a function of precipitation rates, shall be specified in the soils
laboratory report. Periods between such applications shall be
specified by the responsible landscape architect.
17.06.135 IRRIGATION An approved irrigation system shall be instal-
led prior to planting to effectively irrigate all required slopes.
.010 AUTOMATIC CONTROLS. Approved automatic timing controls
shall be provided to 'irrigate all slopes in excess of fifteen (15)
feet in height.
.011 Controls shall be employed to permit multiple repeat
(periodic) operations of precipitation of 0.2 inches per hour or less.
.012 Controls shall be provided to alter the period (number of
repeats) of operation in order to obtain an optimum precipitation
duration for each day(s).
.013 Sprinkler control system shall be designed to insure that
in no event shall the rate of precipitation or duration of sprinkling
permit an oversaturated condition or cause a potential erosion problem.
.014 Detailed controller program which insures optimum irriga-
tion rates shall be specified in the maintenance brochure (Section
17.06.138).
.020 PIPING An underground irrigation piping system shall be
provided f -o -r =a planted slopes less than fifteen (15) feet in height.
Exposed piping on irrigated slopes shall be manufactured from metallic
materials. Aged galvanized flow rates shall be used for galvanized
pipes.
.030 FEED POINT. The irrigation point of connection shall be
directly connected the main service line for the building(s).
Common area irrigation system pipelines shall have a point of connec-
tion to main service line of the complex.
.040 VALVES. Locate all valves for ease of maintenance and
accessibility. All electric valves shall be 24 volt, normally closed.
.050 DEVICES. Back flow prevention, back drain prevention,
valves, flow control devices, piping, etc., shall conform to Building
Division standards.
17.06.136 LANDSCAPE AND IRRIGATION PLAN AND SPECIFICATION APPROVAL
.010 PLANS AND SOILS REPORT. Landscape and irrigation plans
are required for all cut ana- 1=1 slopes which require plantings.
A copy of the soils engineering report on all slopes and a copy of
the planting specifications shall be submitted with the landscape
plans.
.011 PLAN SUBMITTAL. Landscape and irrigation plans shall be
submitted t57-tH-e-TD-eve-16`pment services Department within sixty (60)
days after final approval of hillside as graded grading plans. No
application for a building permit will be approved without an approv-
ed landscape plan. In the interest of public safety and general
welfare, the City Engineer may require approval of landscape plans
prior to the issuance of a grading permit.
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.012 SLOPE AREAS. It shall be the responsibility of the land-
scape architect to insure that slope levels shown on the submitted
landscape plans indicate the actual finished grade levels.
.013 SLOPE CATEGORY DESIGNATION. Slope category designations
as outlined in Section 17.06.132 shall be indicated as outlined areas
on the plan. The total slope areas shall be tabulated for each slope
category on each sheet. Other planting areas required as a condition
of development may be shown on separate sheets.
.014 PLANTING TABULATION. Plant varieties and size for each
tree and shrub shall be tabulated to indicate both the required and
provided coverage for each slope increment shown.
.015 COMPLIANCE WITH CODE. Each sheet shall be signed by a
registered landscape architect to ascertain compliance that each
slope shown conforms to the provisions of this ordinance.
.020 IRRIGATION PLAN APPROVAL. Irrigation system plans of
sufficient clarity to indicate the extent of work proposed shall be
submitted to the Development Services Department. Specifications for
devices, pipe sizing and type, flow rates, precipitation rates, etc.,
should be shown on the schematic. All such plans shall be prepared
under the direction and certified by a registered landscape architect
to insure conformance to the provisions of this section. Building
Division approval is required prior to the installation of any
permanent system.
17.06.137 SLOPE CERTIFICATION Upon completion of the planting and
the installation of the sprinkler system an inspection shall be
performed by the responsible landscape architect to certify compliance
with the approved plans and to perform a functional test of the
sprinkler system. Said landscape architect shall certify in writing
to the City of Anaheim Development Services Department that the soils,
additives and amendments, weed control, planting of the slopes and the
installation of the irrigation system comply to the approved plans and
to all the provisions of Sections 17.06.130, to and including
17.06.140.
17.06.138 PLANTING MAINTENANCE All plants shall be maintained in a
healthy condition during the duration of responsibility. Initially it
shall be the responsibility of the developer to maintain (water and
weed) all slopes where required by the provisions of this ordinance
until such time as the property is occupied by reason of lease or
purchase, at which time the responsibility for such maintenance shall
be transferred to a mandatory Community Association. The Covenants,
Conditions and Restrictions of the subject tract shall provide for
acceptance of the responsibility for maintenance by the Community
Association.
Maintenance shall include restoration of any portion of a slope
area affected by installation of walls, fences, swimming pools and
the like.
A special brochure shall be prepared by the responsible land-
scape architect for the purpose of instructing the lessee or
purchasers of the property and any landscape maintenance company
working on the property on the proper maintenance and watering of
landscaped slopes, and that these brochures shall be submitted to
and approved by the Engineering Division and Development Services
Department prior to certification of the property for occupancy by
the Building Division.
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17.06.139 BONDING A special landscaping performance bond, in an
amount established by the City Engineer and in a form approved by
the City Attorney, shall be posted by the developer to guarantee
that the planting will become permanently established. This bond
will become effective upon certification as required in Section
17.06.137 and will be held by the City for a minimum one-year period
after the landscaping has been certified. The purpose of this bond
is to insure adequate ground coverage and permanent establishment of
plantings during the maturation period after planting.
17.06.140 FINAL INSPECTION Development Services Department shall
perform an inspection at the end of the initial one-year bond period
and shall determine whether the coverage is sufficient in quality and
quantity to warrant the acceptance of the landscaping and irrigation
system for release of the bond at that time.
17.06.141 EROSION CONTROL MEASURES Prior to final inspection of
grading operations as provided in Section 17.06.180(B), annual rye or
approved blade grass shall be planted on all cut or fill slopes which
require planting, unless final landscaping plans have been submitted
and approved.
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17.06.145 MAINTENANCE 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.
17.06.150 REPAIR OF EXISTING EXCAVATION OR FILL WHICH CONSTITUTES
MENACE. Whenever the City Engineer determines 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, usa-
bility 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 thirty calendar days from
the date of such written notice, commence the repair or reconstruc-
tion 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 satisfac-
tory 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 or 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 manner
provided by Section 17.06.281 of this Code.
17.06.160 DRAINAGE REQUIREMENTS Provisions shall be made to prevent
any surface waters from damaging the cut face of an excavation or the
slope surface of a fill. All drainage shall be so designed as to
minimize erosion of any slope; structures shall be constructed of three-
inch (31') thick reinforced concrete or air -blown mortar, using medium
or dark earthen tones (black, tan, sienna, umber, ochre, green), and
shall be of such design as to carry surface water to the nearest
street, storm drain or natural water course approved by the City
Engineer as a safe place to deposit and receive such waters.
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 shall require as a condition to allowing further work to
be done that such reasonable safety precautions be taken as the City
Engineer considers advisable to avoid such danger. Such safety pre-
cautions 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.
17.06.180 COMPLETION OF WORK
(a) FINAL REPORTS. Upon completion of the rough grading work
and at the final completion of the work prior to the issuance of any
building permit, the City Engineer shall require submittal of the
following reports and drawings and supplements thereto:
1. An As -Graded grading plan prepared by the Civil Engineer
including original ground surface elevations, as -graded ground surface
elevations, lot drainage patterns and locations and elevations of all
surface and subsurface drainage facilities. He shall provide certifi-
cation that the work was done in accordance with the final approved
grading plan.
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2. A Soil Grading Report prepared by the Soil Engineer includ-
ing locations and elevations of field density tests,, summaries of
field and laboratory tests and other substantiating data and comments
on any changes made during grading and their effect on the recommenda-
tions made in the soil engineering investigation report. He shall
provide certification as to the adequacy of the site for the intended
use.
3. A Geologic Grading Report prepared by the Engineering
Geologist including a final description of the geology of the site
including any new information disclosed during the grading and the
effect of same on recommendations incorporated in the approved as
graded grading plan. He shall provide certification as to the adequacy
of the site for the intended use as affected by geologic factors.
(b) NOTIFICATION OF COMPLETION. The permittee or his agent
shall notify the City Engineer when the grading operation is ready
for final inspection. Final approval shall not be given until all
work including installation of all drainage facilities and their
protective devices and all erosion control measures have been
completed in accordance with the final approved as graded grading plan
and the required reports have been submitted.
17.06.190 SLIPPAGE PLANES. Whenever a possible slippage plane is
apparent on the surface or encountered during the excavation work a
written report shall be furnished the City Engineer by the Engineering
Geologist prior to any further work being performed within the area
affected by said slippage plane. Said report shall include recommen-
dations for the remedial treatment required to prevent potential hazard
to the area caused by the slippage plane. Permittee shall take such
protective measures as shall be required by the City Engineer in order
to safeguard the area against the said potential hazard.
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 without 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 potential hazard to life
unless adequately fenced, the applicant may be required to construct
approved fences or guard rails to safeguard persons using the public
street, sidewalk, alley or other property.
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 any public place,
or way, or upon, or over the premises of another without the express
written consent of the owner of such premises so affected.
(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 willfully allow such materials to blow or spill over
and upon such street, alley or public way, or adjacent private property.
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17.06.220 PERFORMANCE BONDS
(a) A cash bond or surety bond for each grading permit shall
be required in an amount established by the City Engineer and in a
form approved by the City Attorney in the sum of thirty percent of
the estimated cost of the work conditioned upon the faithful
performance of the work within the time specified by the City
Engineer or within any extension thereof granted by the City.
(b) Whenever the City Engineer shall find that a default has
occurred in the performance of any term or condition of any permit,
written notice thereof shall be given to the principal and to the
surety of the bond. Such notice shall state the work that shall be
done to rectify the default, 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 to the City the estimated
cost of doing the work as set forth in the notice,, plus an additional
sum equal to ten percent 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 at the discretion of the City Engineer. The balance, if
any, of such cash deposit shall, upon the completion of the work,, be
returned to the depositor, or to his successors or assigns, after
deducting the cost of the work plus ten percent thereof.
(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 engaged in completing the work required to be
performed under the permit or in complying with the terms or condi-
tions thereof, shall interfere with or obstruct the ingress or egress
to or from any such premises by any authorized representative or
agent of any surety or of the City.
(g) The term of each bond posted shall begin upon the date of
the posting thereof and shall end upon the completion to the satisfac-
tion of the City Engineer of all the terms and conditions of the
permit for the work. Such completion shall be evidenced by exonora-
tion by the City Engineer upon request by the surety or principal.
When a cash bond has been posted the cash shall be returned to the
depositor or to his successors or assigns upon the exoneration of the
bond except any portion thereof as may have been used as hereinabove
provided.
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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 show-
ing that he is insured against claims for damages for personal injury
as well as claims for property damage, including 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.
17.06.240 TRANSFER OF PERMIT No permit required by Section 17.06.040
of this chapter shall be transferable without the written permission
of the City Engineer.
17.06.250 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 applica-
tion. In the event any appeal is taken from the decision of the City
Engineer in the manner prescribed by Section 17.06.281, all work shall
be stopped while the appeal is pending.
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 permittee 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 Engineer,
such an extension is necessary, he may be granted additional time for
the completion of the work.
17.06.270 EXCAVATION BLASTING - PERMIT, APPLICATION AND REPORT
(a) No person shall do any excavation blasting without a permit
therefor from the Fire Marshal of the City of Anaheim. The applica-
tion for such a permit shall be on forms prescribed by him.
(b) The application shall be accompanied by a fee of five dollars.
If the Fire Marshal deems an inspection necessary at the blasting site,
the fee for such inspection shall be seven dollars 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
Marshal 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.
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(c) Insofar as applicable, the provisions of this chapter
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 conditions for excavation blasting
permits.
17.06.280 ALTERNATE METHODS The provisions of this chapter are not
intended to prohibit the use of any material or method of construction
not specifically prescribed by this chapter, 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 conformance with
the requirements of this chapter, 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 re-
quest of the City Engineer.
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 of appeal shall be filed within
five days from notice of action by the City Engineer when notified
personally or within eight 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 a City Council meeting fol-
lowing 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 follow-
ing 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 soil
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 discretion to assist
the Council in its determination of any appeal before it.
17.06.290 CONDITIONAL EXCEPTIONS TO CHAPTER. Conditional exceptions
to the regulations herein defined may be authorized if exceptional
or special circumstances apply to the property. Such special circum-
stances may include limited size,, unusual shape, extreme topography,
dominating drainage problems or the impracticability of employing a
conforming plan or layout by reason of prior existing recorded
subdivisions of contiguous properties."
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The City Council, at a public hearing, shall have the right to
waive the requirements of this Chapter for good cause shown.
Application for waiver of the requirements of this Chapter shall be
made prior to approval of the grading plan with the City Planning
Commission. The City Planning Commission shall hold a public hearing
and recommend to the City Council its approval or disapproval of any
waiver requested pursuant to this Section.
SECTION 3.
SEVERABILITY. The City Council of the City of Anaheim
hereby declares that should any section, paragraph, sentence or
word of this chapter of the Code hereby adopted be declared for
any reason to be invalid, it is the intent of the Council that
it would have passed all other portions of this chapter indepen-
dent of the elimination herefrom of any such portion as may be
declared invalid.
SECTION 5.
The City Clerk shall certify to the passage of this
ordinance 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 cir-
culated 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 —1st , day of A-pril 0 1975. j
ATTEST:
CLERK OF THE TY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Ordinance No. 3411 was introduced
at a regular meeting of the, City Council of the,
City of Anaheim,
held on the 25th day of March, 1975, and that the same was passed
and adopted at a regular meeting of said City Council held on the
lst day of April, 1975, by the following vote of the members
thereof:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
Kaywood, Seymour, Pebley, Sneegas
and Thom
None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Ordinance No. 3411 on the 1st day of April,
1975. -
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this lst day of April, 1975.
CITY CLERK OF THE CITV OF ANAHEIM
(SEAL)
I, ALONA M. HOUGARD, City Clerk of the
hereby certify that the foregoing is the original
and was published once in the Anaheim Bulletin on
April, 1975.
City of Anaheim, do
Ordinance No. 3411
the 11th day of
i
City Clerk
BOTANICAL NAME
TABLE I
RECOMMENDED TREE LIST
COMMON NAME
AREA IN
TEN (10) YEARS
Albizia Julibrissin
Silk Tree
500
Alnus Rhombifolia
White Alder
300
Arbutus Menziesii
Madrone
Soo
Brachychiton Aerifolium
Flame Tree
300
Ceratonia Siliqua
Carob Tree
300
Cercis Occidentalis
Western Redbud
175
Chorisia Speciosa
Floss Silk Tree
175
Cinnamonum Camphora
Camphor Tree
175
Cupania Anacardioides
Carrot Wood
300
Erythrina Caffra
Kaffirboon Coral
Soo
Eucalyptus Species
Gum Tree
75
Ficus Species
Fig Tree
300
Gleditsia Triacamthos
Honey Locust
Soo
Jacaranda Acutifolia
Jacaranda
700
Koelreuteria Formosana
Chinese Flame Tree
500
Liquidambar Formosana
Chinese Sweet Gum
300
Pinus Canariensis
Canary Island Pine
175
Pinus Coulteri
Coulter Pine
300
Pinus Halepensis
Aleppa. Pine
700
Pinus Radiata
Monterey Pine
500
Pinus Thunbergi
Japanese Black Pine
175
Plantanus Racemosa
California Sycamore
700
Pterocarya Stenoptera
Chinese Wingnut
700
Pyrus Kawakami
Evergreen Pear
500
Quercus Agrifolia
California Live Oak
300
Salix Babylonica
weeping Willow
500
Schinus Molle
California Pepper
Soo
Tipuana Tipu
Tipu Tree
500
Ulmus Parvifolia Semporvirens
Chinese Elm
500
(Walnut) Juglans Californica
S.Ca.Black Walnut
500
TABLE II
RECOMMENDED SHRUB LIST
BOTANICAL NAME
Acacia Latifolia
Aesculus California
Arctostaphylos Varieties
Bougainvillea Species
Callistemon Lanceolatus
Callistemon Jeffersii
Cistus Species
Comarostaphylos Diversifolia
Coprosma Kirkii
Cortaderia Selloana
Cotoneaster Species
Dendromecon Rigida
Dodonea Viscosa
Eleagnus Pungens
Fremontia Californica
Genesta Racemosa
Hebe Species
Juniperus Species
Mahonia Aquifolium
Melaleuca Nesophila
Nerium Oleander
Photinia Arbutifolia
Pittosporum Tobira
Plumbago Capensis
Prunus Lyoni
Raphiolepis Indica Rosea
Rhus Ovata
Rhus Laurina
Tecomaria Capensis
Xylosma Senticosa
Hawthorne
COMMON NAME
AREA IN
SIX (6) YEARS
Golden Wattle
500
California Buckeye
300
Manzanita
175
Bougainvillea
175
Leman Bottle Brush
15
Jeffer's Bottle Brush
15
Rock Rose
20
Summer Holly
75
Mirror Plant
15
Pampas Grass
175
Cotoneaster
75
Bush Poppy
75
Hopseed Bush
300
Silverberry
75
Common Flannel Bush
175
Easter Broom
10
Veronica
20
Junipers - Low
20
Oregon Grape
10
Pink Melaleuca
75
Oleander
50
Toyon
75
Mock Orange
75
Plumbago
110
Catalina Cherry
500
Pink Indian
20
Sugarbush
50
Laurel Sumac
75
Cape Honeysuckle
110
Shiny Xylosma
75
TABLE III
RECOMMENDED GROUND COVER
BOTANICAL NAME
COMMON NAME
AREA
Arctotheca Calenula
Cape Weed
1.5
ft.
Atriplex Semibaccata
Australian Salt Bush
3.0
ft.
Baccharis Pilularis
Dwarf Coyote Bush
4.0
ft.
Carissa Grandiflora
Natal Plum
3.0
ft.
Ceanothus Griseus horizontalis
Camel Creeper
4.5
ft.
Enonymus Fortunei
Winter Creeper
3.0
ft.
Hedera Canariensis
Algerian Ivy
1.0
ft.
Hypericum Calycinum
Aaron's Beard
4.0
ft.
Latana Motevidensis
Creeping Lantana
2.0
ft.
Lippia Repens
Lippia
1.5
ft.
Myoporum, Parvifolia "Horshum"
Creeping Myoprum
4.0
ft.
Osteospermum Fruticosum
Trailing African Daisy
1.5
ft.
Potentilla Verna
Spring Cinguefoil
1.5
ft.
Rosemarinus Officinalis
Rosemary
2.0
ft.
Vinca Major
Periwinkle
1.5
ft.
TABLE IV
PROCEDURES FOR DESIGNING LANDSCAPE SLOPES
1. Determine type and size of slope (43,560 sq. ft.) = 1 acre
2. Use recommended plant list (Tables I, II, and III) to
determine selection of plants and size.
3. Use sq. ft. figures on plant list to determine quantity of
plants to be used in the design.
EXAMPLE:
Type of slope: Show slope (40% trees, 50% shrubs, 100% ground
cover)
Trees (40%) - 17,424 sq. ft.
15 Alnus rhombifolia (300 sq.ft.) _
10 Ceratonia siliqua (300 sq.ft.) -
20 Eucalyptus species (75 sq.ft.) _
10 Koelreuteria formosana (500 sq.ft.) -
5 Pinus halepensis (700 sq.ft.)
TU trees Total
Shrubs (50%) - 21,780 sq.ft.
50 Callistemon jeffersii (15 sq. ft.) -
40 Fremontia Californica (175 sq. ft.) _
200 Siebe species (20 sq.ft.) _
60 Melaleuca nesophilia (80 sq. ft.) _
80 Nerium oleander (50 sq.ft.) _
M shrubs
Ground Cover (100%)
4,500 sq.ft.
3,000 sq.ft.
10500 sq.ft.
5,000 sq.ft.
3,500 sq.ft.
17j500 sq.ft.
750 sq.ft.
31000. sq.ft.
4,000 sq.ft.
4,800 sq.ft.
4,500 sq.ft.
2155—sq. ft.
3,731 Osteospermum fruticosum (1.2" o.c.)= 43,560 sq.ft..
TABLE NO. 17-A — SETBACKS
H in Feet
a
b
0-10
3'
2
11-25
(H/2)'
3'
26 and Over
15'
3'
For all Right of Way and Easement Lines, permanent open spaces,
greenbelts, parks or recreational land, "b° shall apply.
Where no property line exists dimensions a 8 b shall be measured
tofooting of building. R
I
i