Section J101 of Appendix Chapter J of Title 24 of the California Building Code is amended to read as follows:

J101.1—Scope. This appendix sets forth rules and regulations to control excavation and grading including fills or embankments, and the control of grading site runoff, including erosion sediments and construction-related pollutants.

These regulations establish minimum standards and are not intended to prevent the use of alternate materials, methods or means of conforming to such standards, provided such alternate has been approved. The Building Official shall approve such an alternate provided he or she finds that the alternate is, for the purpose intended, at least the equivalent of that prescribed in this Code in quality, strength, effectiveness, durability and safety. The Building Official shall require that sufficient evidence or proof be submitted to substantiate any claims regarding the alternate.

J101.2 Flood hazard areas. The provisions of this chapter shall not apply to grading, excavation and earthwork construction, including fills and embankments, in the floodways within flood hazard areas established in Section 1612.3 or in flood hazard areas where design flood elevations are specified but floodways have not been designated, unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed work will not result in any increase in the level of the base flood.

J101.3 General. Whenever the Building Official determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Building Official, shall within the period specified therein repair or eliminate such excavation or embankment to eliminate the hazard and to be in conformance with the requirements of this Code.

J101.4 Safety Precautions. If at any stage of the work the Building Official determines that previously approved grading is likely to endanger any public or private property or result in the deposition of debris on any public way or interfere with any existing drainage course, the Building Official may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such person shall forthwith stop such work. The Building Official may authorize the work to proceed if the Building Official finds adequate safety precautions can be taken or corrective measures incorporated in the work to avoid the likelihood of such danger, deposition or interference. If the grading work as done has created or resulted in a hazardous condition, the Building Official shall give written notice requiring correction.

J101.5 Protection of Utilities. The permittee shall be responsible for the prevention of damage to any public utilities or services.

J101.6 Protection of Adjacent Property. The permittee is responsible for the prevention of damage to adjacent property and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property without supporting and protecting such property from settling, cracking or other damage which might result. Special precautions approved by the Building Official shall be made to prevent imported or exported materials from being deposited on the adjacent public way and/or drainage courses.

J101.7 Storm Water Control Measures. The permittee shall put into effect and maintain all precautionary measures necessary to protect adjacent water courses and public or private property from damage by erosion, flooding, and deposition of mud, debris, and construction-related pollutants originating from the site during grading and related construction activities.

J101.8 Maintenance of Protective Devices and Rodent Control. The owner of any property on which grading has been performed pursuant to a permit issued under the provisions of this Code, or any other person or agent in control of such property, shall maintain in good condition and repair all drainage structures and other protective devices and burrowing rodent control, when they are shown on the grading plans filed with the application for grading permit and approved as a condition precedent to the issuance of such permit.

Section J102 Appendix Chapter J of Title 24 of the California Building Code is amended to include:

BEDROCK is the solid, undisturbed rock in place either at the ground surface or beneath superficial deposits of alluvium, colluviums and/or soil.

BEST MANAGEMENT PRACTICE (BMP) is a storm water pollution mitigation measure which is required to be employed in order to comply with the requirements of the NPDES permit issued to the City of Bakersfield/Kern County.

DESILTING BASINS are physical structures, constructed for the removal of sediments from surface water runoff.

ENGINEERING GEOLOGIST shall mean a person holding a valid certificate of registration as a geologist in the specialty of engineering geology issued by the State of California under the applicable provisions of the Geologist and Geophysicist Act of the Business and Professions Code.

GEOTECHNICAL HAZARD is an adverse condition due to landslide, settlement, and/or slippage. These hazards include loose debris, slope wash, and the potential for mud flows from natural or graded slopes.

LANDSCAPE ARCHITECT shall mean a person who holds a certificate to practice landscape architecture in the State of California under the applicable landscape architecture provisions of the Business and Professions Code.

LINE shall refer to horizontal location of the ground surface.

NATURAL GRADE is the vertical location of the ground surface prior to any excavation or fill.

PRIVATE SEWAGE DISPOSAL SYSTEM is a septic tank with effluent discharging into a subsurface disposal field, into one or more seepage pits or into a combination of subsurface disposal field and seepage pit or of such other facilities.

STORM DRAIN SYSTEM is a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches and man-made channels, designed or used for collecting or conveying storm water.

STORM WATER POLLUTION PREVENTION PLAN is a site drawing with details, notes, and related documents that identify the measures taken by the permittee to (1) control erosion and prevent sediment and construction-related pollutants from being carried offsite by storm water, and (2) prevent nonstormwater discharges from entering the storm drain system.

SURFACE DRAINAGE shall refer to flows over the ground surface.

SOIL TESTING AGENCY is an agency regularly engaged in the testing of soils and rock under the direction of a civil engineer experienced in soil testing.

Appendix J103.2 Exemptions is amended to read as follows:

J103.2 Exemptions. A grading permit shall not be required for the following:

1. Excavation for construction of a structure permitted under this code.

2. Cemetery graves.

3. Refuse disposal sites controlled by other regulations.

4. Excavation for wells, or trenches for utilities.

5. Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties.

6. Exploratory excavations performed under the direction of a registered design professional. This shall not exempt grading of access roads or pads created for exploratory excavations.

Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

Subsections J103.3—J103.8 of Appendix J of Title 24 of the California Building Code are added to read as follows:

J103.3 Conditions of Approval. In granting any permit under this Code, the Building Official may include such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property. Such conditions may include, but shall not be limited to:

1. Improvement of any existing grading to bring it up to the standards of this Code.

2. Requirements for fencing of excavations or fills which would otherwise be hazardous.

J103.4 Land Use. The Building Official shall not issue a grading permit for work on a site unless the proposed land use for the site shown on the grading plan application complies with the provisions of Title 17, entitled “Zoning,” of the Bakersfield Municipal Code.

J103.5 Plan Review Fees. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as set forth in Appendix 1, Section 108 of this Code. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this Code.

J103.6 Grading Permit Fees. A fee for each grading permit shall be paid to the Building Official as set forth in Appendix 1, Section 108 of this Code. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this Code. There shall be no separate charge for standard terrace drains and similar facilities.

J103.7 Site Review. When the Building Official finds that a visual inspection of the site is necessary to establish drainage requirements for the protection of property, existing buildings or the proposed construction, a site inspection shall be made during plan check of grading plans. The fee for such inspection shall be as set forth in Appendix 1, Section 108 of this Code.

J103.8 Un-permitted Grading. A person shall not own, use, occupy or maintain any site containing unpermitted grading. For the purposes of this Code, unpermitted grading shall be defined as any grading that was performed, at any point in time, without the required permit(s) having first been obtained from the Building Official.

Appendix Section J104.1 is amended by adding a second paragraph to read as follows:

Application, plans and Specifications. The application for approval shall be in the form of a preliminary report indicating grading work to be done. When required by the Building Official, each application for approval shall be accompanied by four (4) sets of plans and specifications and supporting data consisting of a soil engineering report and engineering geology report. The plans and specifications shall be prepared and signed by a civil engineer.

J104.2 Site plan requirements. In addition to the provisions of Appendix 1, Section 106 of this code, a grading plan shall show the existing grade, and finished grade in contour intervals of sufficient clarity to indicate the nature and extent of the work and show in detail it complies with the requirements of this code. The plans shall show the existing grade on adjoining properties in sufficient detail (min 20') to identify how grade changes will conform to the requirements of this code.

Appendix Section J104.2 is amended by adding second and third paragraphs to read as follows:

Each drainage and grading plan submitted to city for approval shall conform to adopted city standards approved by the city engineer and to those contained in Chapter 16 for subdivisions.

Channelized storm waters shall be continuously maintained within approved concrete gutter until terminated at an approved drainage facility.

The Building Official may, after acceptance and approval of a civil engineers report, waive or modify any requirement of this Chapter if he determines the modification or waiver will provide for the public safety and will not violate good construction practices.

Subsection J104.3 of Appendix Chapter J of Title 24 of the California Building Code is amended to read as follows:

J104.3 Soils Report. A soils report prepared by registered design professionals shall be provided which shall identify the nature and distribution of existing soils; conclusions and recommendations for grading procedures; soil design criteria for any structures or embankments required to accomplish the proposed grading opinion on adequacy for the intended use of sites to be developed by the proposed grading as affected by soils engineering factors; and, where necessary, slope stability studies, and recommendations and conclusions regarding site geology. All reports shall be subject to review by the Building Official. Supplemental reports and data may be required as the Building Official may deem necessary. Recommendations included in the reports and approved by the Building Official shall be incorporated in the grading plan or specifications.

The Building Director of the City of Bakersfield shall not approve any building permit on any lot within any new subdivision until the final grading report as required has been submitted to, and accepted by Building Director. For tract developments a Final Soils Report shall cover the entire phase of the map. Model homes may be treated individually.

Exception: A soils report is not required where the building official determines that the nature of the work applied for is such that a report is not necessary.

Subsection J104.5 of Appendix Chapter J of Title 24 of the California Building Code is added and reads as follows:

J104.5 Engineering Geology Report. The engineering geology report required by Section J104.1 shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinion on the adequacy for the intended use of sites to be developed by the proposed grading, as affected by geologic factors. The engineering geology report shall include a geologic map and cross sections utilizing the proposed grading plan as a base. All reports shall be subject to review by the Building Official. Supplemental reports and data may be required as the Building Official may deem necessary. Recommendations included in the reports and approved by the Building Official shall be incorporated in the grading plan or specifications.

Subsection J104.6 of Appendix J of Title 24 of the California Building Code is added to read as follows:

J104.6 Grading Plan Requirements. The plans shall include the following information:

1. General vicinity map of the proposed site.

2. Property limits and accurate contours of existing ground and details of terrain and area drainage, including area within 25 feet (7920 mm) outside of proposed boundary lines.

3. Limiting dimensions, elevations or finished contours to be achieved by the grading, and proposed drainage channels and related construction.

4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drains.

5. Location of any buildings, structures or other features on the property where the work is to be performed and the location of any buildings, structures or other features on land of adjacent owners that are within 15 feet (4752 mm) of the property or that may be affected by the proposed grading operations.

6. Recommendations included in the soils engineering report and the engineering geology report shall be incorporated in the grading plans or specifications. When approved by the building official, specific recommendations contained in the soils engineering report and the engineering geology reports, which are applicable to grading, may be included by reference.

7. The dates of the soils engineering and engineering geology reports together with the names, addresses, and phone numbers of the firms or individuals who prepared the reports.

8. A statement of the quantities of material to be excavated and/or filled and the amount of such material to be imported to, or exported from the site.

9. A statement of the estimated starting and completion dates for work covered by the permit.

10. A statement signed by the owner acknowledging that a field engineer, soils engineer and engineering geologist, when appropriate, will be employed to perform the services required by this Code, whenever approval of the plans and issuance of the permit are to be based on the condition that such professional persons are so employed. These acknowledgments shall be on a form furnished by the Building Official.

11. Storm water provisions are required to be shown on the plan in accordance with the requirement of Section 8.34.060 of the Bakersfield Municipal Code.

A drainage plan for that portion of a lot or parcel to be utilized as a building site (building pad), including elevations of floors with respect to finish site grade and locations of proposed stoops, slabs and fences that may affect drainage.

12. Termination of consultants. The permittee shall notify the City Building Official within forty eight hours any changes to the project civil and/or soils engineer.

13. Plans shall label all property lines and easement lines, including their respective bearings and distances.

14. Plans to show all existing and abandon wells with dimension from two property lines.

15. An approved method of proper abandonment of any feature shall be clearly detailed on plans.

16. Sufficient cross sections at all adjacent adjoining property lines to show adequate approved method of construction and disposal of drainage waters.

17. Plans shall specify all storm water conduits: locations, material types, lengths, sizes, slopes, gradients, invert elevations, minimum earth cover and approved detail method of construction.

18. The plans shall contain a statement that the design engineer shall exercise sufficient supervisory control during grading and construction to insure compliance with the plans, soils report, specifications, and codes within his preview.

19. Plans shall have a cover sheet which shall contain the following information:

a. Title.

b. Sheet index.

c. Scope of work.

d. Project address, including street number and street name.

e. Assessor’s parcel number.

f. Legal description of property.

g. Basis of bearing.

h. Benchmark used including specifying location, elevation and any identifying features.

i. Vicinity map indicating the project location.

j. Amount of gross acreage within the project boundary areas.

k. City Planning Department’s Site Plan Review number for the project.

l. Civil engineer firm’s contact information including, engineer’s name, firm’s name, address and phone number.

m. Geotechnical firm’s contact information including, engineer’s name, firm’s name, address and phone number.

n. Reference to preliminary soils report including name of firm prepared by and date of report.

o. Property owner’s contact information including, owner’s name, address and phone number.

p. Grading contractor firm’s contact information including, contactor’s name, firm’s name, address and phone number.

q. All sheets of plans shall be reference with a North arrow and scale. All maps and details shall be to a legible recognized standard scale.

r. Overall project plan to scale. Provide a key map clearly depicting all division match/phase lines and indicating all reference sheet locations.

s. Legend of all abbreviations, symbols, lines, and miscellaneous terms used.

t. Indicate quantities of earth to be moved in cubic yards for every: cut (excavation), fill, import and export. Plans to state the shrinkage factor, compaction factor, amount of over excavation, and analysis of method quantities derived.

u. Location including off-site construction detail plans and property owner’s approval of borrow site for any imported materials.

v. Location including off-site construction detail plans and property owner’s approval of fill site for any exported materials.

w. Specify all the codes and standards used for design conformance.

x. All grading notations necessary for proper construction and as required by geotechnical soils report, codes and other design standards.

y. Dust control mitigation measures pursuant to Air Pollution Control District requirements.

z. All mitigation measures notations, including but not limited to: approved method of debris removal, air quality impact, biological resources, cultural resources, and contaminated soil removal measures.

Subsections J105.3—J105.6 of Appendix J of Title 24 of the California Building Code are added to read as follows:

J105.3 Site Inspections. The Building Official shall inspect the project at the following stages of work requiring approval to determine that adequate control is being exercised by the professional consultants:

Initial. When the site has been cleared of vegetation and unapproved fill and it has been scarified, benched or otherwise prepared for fill. No fill shall have been placed prior to this inspection.

Rough. When approximate final elevations have been established; drainage terraces, swales and other drainage devices necessary for the protection of the building site from flooding are installed; beams installed at the top of the slopes; and the statements required by Section J105.5 have been received.

Final. When grading has been completed; all drainage devices necessary to drain the building pad are installed; slope planting established, irrigation systems installed; and the as-graded plans and required statements and reports have been submitted.

Supplemental Inspections. In addition to the called inspections specified above, the Building Official may make such other inspections as may be deemed necessary to determine that the work is being performed in conformance with the requirements of this Code. Investigations and reports by an approved soil testing agency, soils engineer and/or engineering geologist may be required.

J105.4 Non-inspected Grading. No person shall own, use, occupy or maintain any non-inspected grading. For the purposes of this Code, non-inspected grading shall be defined as any grading for which a grading permit was first obtained, pursuant to Section J103, supra, but which has progressed beyond any point requiring inspection and approval by the Building Official without such inspection and approval having been obtained.

J105.5 Final Reports. Upon completion of the rough grading work and at the final completion of the work, the following reports and drawings and supplements there to are required for engineered grading or when professional inspection is performed for regular grading, as applicable.

1. An as-built grading plan prepared by the civil engineer retained to provide such services in accordance with Section J104 showing original ground surface elevations, as-graded ground surface elevations, lot drainage patterns, and the locations and elevations of surface drainage facilities and of the outlets of subsurface drains. As-constructed locations, elevations and details of subsurface drains shall be shown as reported by the soils engineer.

Civil engineers shall state that to the best of their knowledge the work within their area of responsibility was done in accordance with the final approved grading plan.

2. A report prepared by the soils engineer retained to provide such services in accordance with Section J104, including locations and elevations of field density tests, summaries of field and laboratory tests, other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the approved soils engineering investigation report. Soils engineers shall submit a statement that, to the best of their knowledge, the work within their area of responsibilities is in accordance with the approved soils engineering report and applicable provisions of this chapter.

3. A report prepared by the engineering geologist retained to provide such services in accordance with Section J104, including a final description of the geology of the site and any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. Engineering geologists shall submit a statement that, to the best of their knowledge, the work within their area of responsibility is in accordance with the approved engineering geologist report and applicable provisions of this chapter.

4. The grading contactor shall submit in a form prescribed by the building official a statement of conformance to said as-built plan and the specifications.

J105.6 Notification of Completion. The permittee shall notify the building official when the grading operations are 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 grading plan, and the required reports have been submitted.

Subsection J106.1 of Appendix Chapter J of Title 24 of the California Building Code is amended to read as follows:

J106.1 Maximum Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use and shall be no steeper than 1 unit vertical in 2 units horizontal (50% slope) unless the permit fee furnishes a soils engineering or an engineering geology report, or both, stating that the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property.

Subsection J107.4 of Appendix Chapter J of Title 24 of the California Building Code is amended to read as follows:

J107.4 Fill Material. Detrimental amounts of organic material shall not be permitted in fills. Except as permitted by the Building Official, no rock or similar irreducible material with a maximum dimension greater than 12 inches (305 mm) shall be buried or placed in fills.

Exception: The Building Official may permit placement of larger rock when the soils engineer properly devises a method of placement, and continuously inspects its placement and approves the fill stability. The following conditions shall also apply:

1. Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan.

2. Rock sizes greater than 12 inches (305 mm) in maximum dimension shall be 10 feet (3048 mm) or more below grade, measured vertically.

3. Rocks shall be placed so as to assure filling of all voids with well-graded soil.

4. The reports submitted by the soils engineer shall acknowledge the placement of the oversized material and whether the work was performed in accordance with the engineer’s recommendations and the approved plans.

5. The location of oversized rock dispersal areas shall be shown on the as-built plan.

Subsections J107.7—J107.11 of Appendix Chapter J of Title 24 California Building Code are added to read as follows:

J107.7 Compaction. Fills shall be compacted throughout their full extent to a minimum relative compaction of 90 percent of maximum dry density. Fill slopes steeper than two horizontal to one vertical shall be constructed by the placement of soil a sufficient distance beyond the proposed finish slope to allow compaction equipment to operate at the outer surface limits of the final slope surface. The excess fill is to be removed prior to completion or rough grading. Other construction procedures may be utilized when it is first shown to the satisfaction of the Building Official that the angle of slope, construction method and other factors will accomplish the intent of this Section.

J107.8 Slopes to Receive Fill. Where fill is to be placed above the top of an existing slope steeper than three horizontal to one vertical, the toe of the fill shall be set back from the top edge of the slope a minimum distance of 6 feet (1829 mm) measured horizontally or such other distance as may be specifically recommended by a soil engineer or engineering geologist and approved by the Building Official.

J107.9 Inspection of Fill. For engineered grading, the soils engineer shall provide sufficient inspections during the preparation of the natural ground and the placement and compaction of the fill to be satisfied that the work is being performed in accordance with the conditions of plan approval and the appropriate requirements of this Chapter. In addition to the above, the soils engineer shall be present during the entire fill placement and compaction of fills that will exceed a vertical height or depth of 30 feet (9144 mm) or result in a slope surface steeper than two horizontal to one vertical.

J107.10 Testing of Fills. Sufficient tests of the fill soils shall be made to determine the density thereof and to verify compliance of the soil properties with the design requirements, including soil types and shear strengths in accordance with the standards established by the Building Official.

J107.11 Temporary storage of stockpiles. No temporary stockpile of earth will be allowed except pursuant to a grading permit issued after the City Building Official has found that such storage would not constitute a hazard to life or property, or become a public nuisance or health menace.

Temporary stockpiles approved by the issuance of a grading permit shall be removed from the site within a period of time not to exceed six months from the time of the issuance of the permit, unless otherwise approved by the City Building Official or unless the fill is graded and compacted under the authority granted by a subsequent or amended grading permit.

Such stockpiles shall be placed so as not to interfere with any drainage ways or access routes.

The stockpile location shall not create a nuisance from blowing dust, and shall be contour graded if in a highly visible area.

Subsection 109.1 of Appendix Chapter J of Title 24 of the California Building Code is amended to read as follows:

J109.1 General. Unless otherwise indicated on the approved grading plan, drainage facilities and terracing shall conform to the provisions of this section for cut or fill slopes steeper than 1 unit vertical in 3 units horizontal (33.3% slope). For slopes not steeper than 3 horizontal to 1 vertical, the Building Official may require drainage and terrace design to be submitted.

Subsection J109.2 of Appendix Chapter J of Title 24 of the California Building Code is amended to read as follows:

J109.2 Drainage Terrace. Terraces at least 6 feet in width shall be established at not more than 32-foot vertical intervals on all cut or fill slopes to control surface drainage and debris except that where only one terrace is required, it shall be at midheight. For cut or fill slopes greater than 100 feet (30,480 mm) in vertical height, one terrace at approximately midheight shall be 20 feet (6096 mm) in width. Terrace widths and spacing for cut and fill slopes greater than 120 feet (36,576 mm) in height shall be designed by the civil engineer and approved by the Building Official. Suitable access shall be provided to permit proper cleaning and maintenance.

Drainage terraces shall have a longitudinal grade of not less than 5 percent or more than 12 percent and a minimum depth of 1 foot (305 mm) at the flow line. There shall be no reduction in grade along the direction of flow unless the velocity of flow is such that slope debris will remain in suspension on the reduced grade. Such terraces must be paved with reinforced concrete not less than 3 inches (76 mm) in thickness, reinforced with 6-inch (152 mm) by 6-inch (152 mm) No. 10 by No. 10 welded wire fabric or equivalent reinforcing centered in the concrete slab. They shall have a minimum depth at the deepest point of 1 foot (305 mm) and a minimum paved width of 5 feet (1524 mm). Drainage terraces exceeding 8 feet (2438 mm) in width need only be so paved for a width of 8 feet (2438 mm) provided such pavement provides a paved channel at least 1 foot (305 mm) in depth. Down drains or drainage outlets shall be provided at approximately 300-foot (91.44 m) intervals along the drainage terrace or at equivalent locations. Down drains and drainage outlets shall be of approved materials and of adequate capacity to convey the intercepted waters to the point of disposal as defined in Section J109.3.

Subsection J109.4 of Appendix Chapter J of Title 24 of the California Building Code is amended to read as follows:

J109.4 Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable street, storm drain, or natural watercourse approved by the Building Official or other appropriate governmental agency as a safe place to deposit such waters. Erosion of ground in the area of discharge shall be prevented by installation of non-erosive down drains or other devices. Desilting basins, filter barriers or other methods, as approved by the Building Official, shall be utilized to remove sediments from surface waters before such waters are allowed to enter streets, storm drains or natural watercourses. If the drainage device discharges onto natural ground, riprap or similar energy dissipaters may be required.

Building pads shall have a drainage gradient of 2 percent toward a public street or drainage structure approved to receive storm waters. A lesser slope may be approved by the Building Official for sites graded in relatively flat terrain, or where special drainage provisions are made, when the Building Official finds such modification will not result in unfavorable drainage conditions.

Subsections J109.5—J109.8 of Appendix Chapter J of Title 24 of the California Building Code are added to read as follows:

J109.5 Retention/Detention Basins and Storm Water Conveyance Systems. California registered Architect, Civil or Structural Engineer shall provide hydraulic calculations and the Public Works Department shall approve all on-site storm water conveyance systems and retention/detention basins and shall be constructed in accordance with City of Bakersfield Public Works Department Standards.

Exceptions:

1. Shallow sumps may be constructed with the approval of the Building Official. Shallow sumps shall be designed such that the maximum depth of water does not exceed 18 inches, are in a turf area and are not to be used for storage, parking or other use that may affect the percolation ability of the sump. The grading around the shallow sump shall be designed such that any overflow waters from the sump shall be retained onsite or onto public right-of-way.

2. Storm water minimum on-site residential conduit size is 4-inch interior diameter. Storm water minimum on-site non-residential conduit size is 6-inch interior diameter.

3. Cleanouts and manholes on-site shall be spaced pursuant to 2010 California Plumbing Code Section 719.

Drywells are not a permitted on-site drainage system.

Storm water conveyance systems shall not pass under or through structures or building foundations.

Storm water conveyance systems, other than approved retention/detention basins, shall be design to drain completely with no standing water remaining in system.

Appropriate recorded legal easements shall be obtained for all storm water conveyance systems that traverse onto adjacent property or direct any storm drainage waters onto adjacent property.

J109.6 Home Owners Association Maintain Drainage. Where drainage is conveyed on slopes of lots that are channelized to flow across multiple property lines, a home owners association (HOA) is required to maintain the slopes and subsequent drainage facilities. Channels are required to be directly accessible from the private or public right-of-way. All accessible paths shall be a minimum 6 feet in width. HOA documents shall be reviewed and approved by the Building Official.

J109.7 Preparation of Ground. Except where recommended by the soils engineer or engineering geologist as not being necessary, sub drains shall be provided under all fills placed in natural drainage courses and in other locations where seepage is evident. Such sub drainage systems shall be of a material and design approved by the soils engineer and acceptable to the Building Official. The permittee shall provide continuous inspection during the process of subdrain installation to conform to approved plans and engineering geologist’s and soils engineer’s recommendation. Such inspection shall be done by the soil testing agency. The location of the sub drains shall be shown on a plan by the soils engineer. Excavations for the sub drains shall be inspected by the engineering geologist when such sub drains are included in the recommendations of the engineering geologist.

J109.8 Pavement and Aggregate Base. Asphalt or concrete pavement and aggregate base material types and depths shall be design pursuant to the site Geotechnical Report values and the minimum anticipated traffic loading, shall not be less the minimum requirements as set forth by the City of Bakersfield Public Works Department Standards, and shall be approved by the Public Works Department.

On-site asphalt concrete pavement shall not be less than 2 inches over at least 3 inches of approved aggregate base. Asphalt concrete pavement shall have a minimum drainage gradient of not less than 1.0%.

On-site Portland concrete pavement shall not be less than 4 inches. Portland concrete pavement shall have a minimum drainage gradient of not less than 0.2%.

Concentrated water flow shall be continuously maintained entirely within the boundary edges of concrete gutters as determined by hydraulic analysis. On-site concrete valley gutters shall be minimum 4 feet wide.

Pedestrian walkways and parking spaces designated for the disable shall be designed to prohibit any concentrate flow of water. Appropriate recorded legal easements shall be obtained for all paths of access from a public way that traverse onto adjacent properties. Van accessible disable parking and unloading area and 8 feet behind shall have a maximum slope gradient of 4.0% in any direction, including valley gutters.

Subsection J110.1 of Appendix Chapter J of Title 24 of the California Building Code is amended to read as follows:

J110.1 General. The faces of cut and fill slopes shall be prepared and maintained to control erosion. This control shall be permitted to consist of effective planting. This control may consist of effective planting, erosion control blankets, soil stabilizers or other means as approved by the Building Official.

Exception: Erosion control measures need not be provided on cut slopes not subject to erosion due to the erosion-resistant character of the materials. Erosion control for the slopes shall be installed as soon as practicable and prior to calling for final inspection.

Subsections J110.3—J110.6 are added to Appendix Chapter J of Title 24 of the California Building Code to read as follows:

J110.3 Planting. The surface of all cut slopes more than 5 feet (1524 mm) in height and fill slopes more than 3 feet (914 mm) in height shall be protected against damage by erosion by planting with grass or ground cover plants. Slopes exceeding 15 feet (4572 mm) in vertical height shall also be planted with shrubs, spaced at not to exceed 10 feet (3048 mm) on centers; or trees, spaced at not to exceed 20 feet (6096 mm) on centers; or a combination of shrubs and trees at equivalent spacings, in addition to the grass or ground cover plants. The plants selected and planting methods used shall be suitable for the soil and climatic conditions of the site.

Plant material shall be selected which will produce a coverage of permanent planting effectively controlling erosion. Consideration shall be given to deep-rooted plant material needing limited watering, maintenance, high root to shoot ratio, wind susceptibility and fire-retardant characteristics. All plant materials must be approved by the Building Official.

J110.4 Irrigation. Slopes required to be planted by Section J110.3 shall be provided with an approved system of irrigation that is designed to cover all portions of the slope. Irrigation system plans shall be submitted and approved prior to installation. A functional test of the system may be required.

For slopes less than 20 feet (6096 mm) in vertical height, hose bibs to permit hand watering will be acceptable if such hose bibs are installed at conveniently accessible locations where a hose no longer than 50 feet (15,240 mm) is necessary for irrigation.

The requirements for permanent irrigation systems may be modified upon specific recommendation of a landscape architect or equivalent authority that, because of the type of plants selected, the planting methods used and the soil and climatic conditions at the site and irrigation will not be necessary for the maintenance of the slope planting.

J110.5 Plans and Specifications. Planting and irrigation plans shall be submitted for slopes required to be planted and irrigated by Sections J110.3 and J110.4 Except as waived by the Building Official for minor grading, the plans for slopes 20 feet (6096 mm) or more in vertical height shall be prepared and signed by a civil engineer or landscape architect.

J110.6 Release of Security. The planting and irrigation systems required by this section shall be installed as soon as practical after rough grading. Prior to final approval of grading and before the release of the grading security, the planting shall be well established and growing on the slopes.

Section J111 is amended by adding second paragraph to Appendix Chapter J of Title 24 of the California Building Code to read as follows:

ASTM D 1557, Laboratory Characteristics Compaction of Soil Using Modified Effort

ASTM D 1556, Density and Unit Weight of Soils In Place by the Sand Cone Method

ASTM D 2167, Density and Unit Weight of Soils In Place by the Rubber-Balloon Method

ASTM D 2937, Density of Soils in Place by the Drive-Cylinder Method

ASTM D 2922, Density of Soil and Soil Aggregate In Place by Nuclear Methods

ASTM D 3017, Water Content of Soil and Rock in Place by Nuclear Methods

Section J112 of Appendix Chapter J of Title 24 of the California Building Code is added to read as follows:

SECTION J112 - SECURITY

J112.1 Security. A permit shall not be issued for grading involving more than 1,000 cubic yards (764.6 m³) unless the owner posts with the Building Official a security in one of the following forms:

1. A bond furnished by a corporate surety authorized to do business in this state.

2. A cash deposit.

3. An instrument of credit from a financial institution subject to regulation by the State or Federal government and pledging that the funds necessary to carry out the grading are on deposit and guaranteed for payment, or a letter of credit issued by such a financial institution.

Where unusual conditions or special hazards exist, the Building Official may require security for grading involving less than 1,000 cubic yards (764.6 m³). Security required by this Section may include incidental off-site grading on property contiguous with the site to be developed, provided written consent of the owner of such contiguous property is filed with the Building Official.

The Building Official may waive the requirements for a security for:

1. Grading being done by or for a governmental agency.

2. Grading on a site, not exceeding a slope of three horizontal to one vertical, provided such grading will not affect drainage from or to adjacent properties.

3. Filling of holes or depressions provided such grading will not affect the drainage from or to adjacent properties.

J112.2 Amount of Security. The amount of security shall be based on the number of cubic yards of material in excavation or fill, whichever is greater, plus the cost of all drainage or other protective devices or work necessary to eliminate geotechnical hazards. That portion of the security valuation based on the volume of material in either excavation or fill shall be computed as set forth as follows:

• 100,000 cubic yards or less—50 percent of the estimated cost of grading work.

• Over 100,000 cubic yards—50 percent of the cost of the first 100,000 cubic yards plus 25 percent of the estimated cost of that portion in excess of 100,000 cubic yards.

• When the rough grading has been completed in conformance with the requirements of this Code, the Building Official may at his or her discretion consent to a proportionate reduction of the security to an amount estimated to be adequate to ensure completion of the grading work, site development or planting remaining to be performed. The costs referred to in this section shall be as estimated by the Building Official.

J112.3 Conditions. All security shall include the conditions that the principal shall:

1. Comply with all of the provisions of this Code, applicable laws, and ordinances;

2. Comply with all of the terms and conditions of the grading permit;

3. Complete all of the work authorized by the permit.

J112.4 Term of Security. The term of each security shall begin upon the filing thereof with the Building Official and the security shall remain in effect until the work authorized by the grading permit is completed and approved by the Building Official.

J112.5 Default Procedures. In the event the owner or the owner’s agent shall fail to complete the work or fail to comply with all terms and conditions of the grading permit, it shall be deemed a default has occurred. The Building Official shall give notice thereof to the principal and security or financial institution on the grading permit security, or to the owner in the case of a cash deposit or assignment, and may order the work required to complete the grading in conformance with the requirements of this Code be performed. The surety or financial institution executing the security shall continue to be firmly bound under an obligation up to the full amount of the security, for the payment of all necessary costs and expenses that may be incurred by the Building Official in causing any and all such required work to be done. In the case of a cash deposit or assignment, the unused portion of such deposit or funds assigned shall be returned or reassigned to the person making said deposit or assignment.

J112.6 Right of Entry. The Building Official or the authorized representative of the Surety Company or financial institution shall have access to the premises described in the permit for the purpose of inspecting the work.

In the event of default in the performance of any term or condition of the permit, the surety or financial institution or the Building Official, or any person employed or engaged in the behalf of any of these parties, shall have the right to go upon the premises to perform the required work.

The owner or any other person who interferes with or obstructs the ingress to or egress from any such premises, of any authorized representative of the surety or financial institution or of the City of Bakersfield engaged in the correction or completion of the work for which a grading permit has been issued, after a default has occurred in the performance of the terms or conditions thereof, is guilty of a misdemeanor.

Section J113 is added to Appendix Chapter J of Title 24 of the California Building Code to read as follows:

SECTION J113 — NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) COMPLIANCE

J113.1 General. All grading plans and permits shall comply with the provisions of this section for NPDES compliance.

J113.2 Storm Water Pollution Prevention Plan (SWPPP). No grading permit shall be issued unless the plans for such work include a Storm Water Pollution Prevention Plan with details of best management practices, including desilting basins or other temporary drainage or control measures, or both, as may be necessary to control construction-related pollutants which originate from the site as a result of construction related activities.

All best management practices shall be installed before grading begins. As grading progresses, all best management practices shall be maintained in good working order to the satisfaction of the Building Official unless final grading approval has been granted by the Building Official and all permanent drainage and erosion control systems, if required, are in place.

J113.3 Wet Weather Erosion Control Plans (WWECP). In addition to the SWPPP required in Section J113.2 where a grading permit is issued and it appears that the grading will not be completed prior to November 1, then on or before October 1 the owner of the site on which the grading is being performed shall file or cause to be filed with the Building Official a WWECP which includes specific best management practices to minimize the transport of sediment and protect public and private property from the effects of erosion, flooding or the deposition of mud, debris or construction related pollutants. The best management practices shown on the WWECP shall be installed on or before October 15. The plans shall be revised annually or as required by the Building Official to reflect the current site conditions.

The WWECP shall be accompanied by an application for plan checking services and plan-checking fees equal in amount to 10 percent of the original grading permit fee.

J113.4 Storm Water Pollution Prevention Plan, Effect of Noncompliance. Should the owner fail to install the best management practices required by Sections J113.2 and J113.3 or submit the wet weather erosion control plans required by Section J113 by the dates specified therein, it shall be deemed that a default has occurred under the conditions of the grading permit security. Thereupon, the Building Official may enter the property for the purpose of installing, by City forces or by other means, the drainage, erosion control and other devices shown on the approved plans, or if there are no approved plans, as the Building Official may deem necessary to protect adjoining property from the effects of erosion, flooding, or the deposition of mud, debris or constructed related pollutants, or the Building Official may cause the owner to be prosecuted as a violator of this Code or may take both actions. The Building Official shall have the authority to collect the penalties imposed by this section upon determining that the site is non-compliant. Payment of penalty shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work.

The following penalties shall be imposed:

1. If a designed wet weather erosion control plan is not submitted as prescribed in Section J113:

Grading Permit Volume	Penalty
1—10,000 cubic yards (1—7645.5 m³)	$50.00 per day
10,001—100,000 cubic yards (7646.3—76455 m³)	$250.00 per day
More than 100,000 cubic yards (76455 m³)	$500.00 per day

2. If the best management practices for storm water pollution prevention and wet weather erosion control are not installed as prescribed in Sections J113.2 and J113.3 and approved by the Building Official:

Grading Permit Volume	Penalty
1—10,000 cubic yards (1—7645.5 m³)	$100.00 per day
10,001—100,000 cubic yards (7646.3—76455 m³)	$250.00 per day
More than 100,000 cubic yards (76455 m³)	$500.00 per day

Note: See Section J105 for inspection request requirements.