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HomeMy WebLinkAboutReso 5809-1972'-- RESOLUTION NO. 5809 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING ISSUANCE OF GRADING PERMITS. BE IT RESOLVED by the City Council of the City of South San Francisco that: WHEREAS, the Council desires to establish grading permits which contain regulations necessary for public pro- tection and protection of property in the vicinity of land proposed to be graded, and WHEREAS, the Council finds and determines that the grading permit designated as Form A, attached hereto, contains said regulations for grading permits in areas other than tide- lands, and grading permit designated Form B, attached hereto, contains said regulations for tidelands areas, and WHEREAS, the Council desires to authorize the City Clerk to issue said permits or amendments and modifications of per- mits previously issued, if the report and recommendation of the Director of Public Works so recommends and further desires to have the report and recommendation of the Director of Public Works included as part of the conditions of said permits provided said report and recommendation reasonably implements and extends the regulations; NOW, THEREFORE, IT IS ORDERED THAT the City Clerk be and he is hereby authorized to issue grading permits designated as Form A and Form B upon receipt of the report and recommenda- tion of the Director of Public Works so approving and further he is authorized to attach said report and recommendation of the Director of Public Works to said permit as part of the terms and conditions thereof. l® · ~ i "il [] .... ~ I I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a held on the 3rd day of the following vote: AYES, COUNCILMEN NOES, ABSENT, " regul ar meeting April , 19 72 , by Patrick E. Ahern, Frank J. Bertucelli, William A. Borba and Warren Steinkamp None F. Frank Mammini ATTEST: · FORM A GRADING PERMIT IN ACCORDANCE WITH City Council Resolution No. 5809, this Grading Permit is issued as of the date shown on Schedule A Line 1 attached hereto, to Permittees named on said Schedule A Line 2 to grade and conduct grading operations on the grading site shown on the map, title of which is set forth on said Schedule A Line '3, which map is hereinafter referred to as "Plan, on the following terms and conditions: 1. Permittees shall cause the grading to be done under the imme- diate superivision of a soils engineer who shall certify upon completion of the grading work that said work was done under his supervision in accordance with the "Plan" and "Soils Report" described in said Schedule A Line 4, and that the fill will safely support the structures proposed to be constructed thereon. 2. Permittees shall not place, spread or roll fill material during unfavorable weather conditions. Fill operations interrupted by heavy rains shall not be resumed until field tests by the soils engineer are made and the soils engineer, on the basis of said tests, determines that the moisture content and density of the fill are satisfactory for the resumption of the filling operation. Permittees shall control dust by the use of adequate number of water trucks or an effective palliative using such dust-laying equipment and methods as may be required to protect public and - 1 - Form A · private property in the vicinity or adjacent to the area from annoyance or damage from dust caused by the grading operations. Permittees shall conduct dust-control operations seven days a week, twenty-four hours a day. Should Permittees neglect to control the dust as herein provided, City may suspend the grading operation by written notice to Permittees, requiring that all operations cease until a reasonable schedule or plan for dust control is filed with the Director of Public Works. 4. Permittee9 shall make available to the Director of Public Works any and all documents, maps or reports concerned with the grading operations and shall permit inspections of the fill material at the site by the Director of Public Works in order that adequate inspection may be made to determine whether said property is being filled and installation being made in accordance with this permit. 5. Permittees shall conduct the grading operations so as not to damage the property in the vicinity of the grading site and so as not to leave uncompleted, dangerous cuts or embankments. Should Permittees leave uncompleted work in a hazardous con- dition or dangerous cuts or embankments, City may order the dangerous cuts or embankments removed or made safe at the cost and expense of Permittees. 6. Permittem shall clear the grading site of all debris and vegetable matter and'uniformly scarify the site before fill - 2 - Form A embankments are commenced. The site shall then be disked until it is uniform and free from large elods~ brought to the proper moisture content as determined by the soils engineer's report and recommendations~ and compacted in the same manner and to the same degree as required for the fill material. Materials for the fill shall consist of materials approved by the soils engineer and may be obtained from the excavation of lands~ borrow pits or any other approved sources. 7. Permittees shall compact all fills in maximum 8" lifts before compacting the fill material to the following standards~ to wit: "Not less than 90% of the maximum density as determined by A.S.T.M. Procedure No. D1557-587 Method C"~ except that should the soils engineer recommend a higher standard of compaction~ then Permittees shall compact to the higher standard. Field density tests shall be made at intervals determined by the soils engineer~ but in no case shall tests be made at a greater interval than two feet (2') of vertical fill. No additional layers of fill shall be spread until the field density tests indicate that the specified density has been obtained. The soils engineer shall have authority to and shall order the work stopped until underlying layers have been recompaeted to specified density should compaction tests show compaction below standard. Where loose materials remain on the slope after the final elevation of the slope has been obtained~ the loose material shall either be removed or be compacted to 85% - 3 - Form A relative compaction as determined by A.S.T.M. PPocedure No. D1557-518 Method C to a depth of 9" below the suPface of the slope. 8. PePmittees shall PequiPe the soils engineeP to maintain on'the site at all times duping the placement of fill om the pePtinent work a qualified PepPesentative who shall cePtify to the pPopeP compaction of all fills and to the adhePence with all othem · PequiPements set foPth hePein as the woPk pPogPesses. 9. Permittees shall file with City pPioP to issuance of this pePmit an agPeement between PePmittees and soils engineeP pPoviding that said soils engineeP will inspect and supePvise the gPading opePa- tions to assume that it is being conducted in accoPdance with the tePms of this pePmit, and fuPtheP pPoviding that upon completion of the gPading woPk and the constPuction and installation the soils engineeP shall submit a final PepoPt to the DiPectoP of Public WoPks stating that all cut, fill and slope aPeas have been constPucted and compacted in accoPdance with "Plan" submitted in the tePms of this pePmit. PePmittees shall fuPtheP file with the City a final gPading map showing thePeon the location of contPol compacted filled gPound, oPiginal and final contouP lines and finished gPade elevations as constPucted and locations of all dPainage pipes and stPuctuPes. The dPainage pipes and stPuctuPes shall be pPivate pPopePty unless theme is dedication foPmally made and accepted by the City Council. Form A 10. Permitt~sshall and do agree to hold City and its elective and appointive boards, officers, agents and emplovees harmless from any liability for damage or claims for damage and for personal injuries, including death, as well as for claims for property ~damage which may.arise from Permittees' or any of Permittees' subcontractors' conduct of the work or loss, injury or death occasioned by defective installation of the work. Permittees shall and do hereby agree to defend City, its elective officers, agents and employees against any such claims. ll. The Director of Public Works shall designate the haul route for Permittees, should one be necessary, and shall file a description of said haul route with the City Clerk together with this permit. Permittees or Permittees' hauling contractor shall file with City a corporate surety bond in the principal sUm set forth on said Schedule Line 5 to secure the performance and to assure compliance with the provisions of Ordinance No. 260. 12. Permittees shall conduct the grading work and place the fill in accordance with the "Plan" and "Soils Report'' hereinbefore referred to. 13. The Director of Public Works is authorized to enforce the terms and conditions of this permit. If Permittees neglect, refuse or otherwise fail to comply with terms and conditions of this permit, the Director of Public Works shall proceed as follows: A.. Notice to Comply. The Director of Public Works shall issue in writing to Permittees a Notice to Comply, stating therein - $ - For~ A the act oP acts Pequired to comply with the terms and condi- tions of said permit, establish a time for the performance of said act or acts~ which shall not be less than five (5) days.after receipt of said notice, and inform Permittees that upon failure to so comply a Notice of Suspension will issue on the sixth day afteP Peceipt of 'said Notice. PePmittees, within five days afteP Peceipt of said Notice to Comply may file a Request fop Review with the City ManageP~ who within five days afteP Peceipt thePeof shall set a confePence meeting with the DirectoP of Public WoPks and PePmittees fop the purpose of confirming, modifying or oPdering withdrawal of the Notice to Comply. If PePmittees file the Request fop Review, issuance of the Notice of Suspension shall be stayed until the City ManageP confiPms~ modifies or Pevokes the Notice to Comply. ! B. Notice of Suspension. The DiPectoP of Public WoPks shall issue a Notice of Suspension if (1) PePmittees neglect, Pefuse oP othePwise fail to do the act oP acts requiPed by the Notice to Comply, within the time stated, unless Permittees have filed a Request for Review. (2) Permittees neglect, Pefuse or othePwise fail to do the act or acts Pequired by the Notice to Comply as confiPmed oP modified by the City ManageP within five days afteP said confiPmation oP modification. - 6 - Form A Permittees within five days after receipt of the Notice of Suspension may file an Appeal with the City Council, upon receipt of which the City Clerk shall set a hearing before the Council for the next regular meeting, for the purpose of having the Council confirm, modify or revoke the Notice to Comply and Notice of Suspension. If Permittees file the Appeal, the Notice of Suspension shall be stayed until the Council confirms, modifies or revokes the Notice to Comply and Notice of Suspension. If the Council confirms or modifies same, then Permittees shall comply within five days after Council's order, and upon Permittees' neglect, refusal or failure to perform said act or acts so required, then on the sixth day after Council's order said permit shall stand suspended and Permittees shall cease grading said parcel. If on the thirtieth day after said order Permittees have not performed the act or acts so required, then said permit shall stand revoked, unless the Council extends the time for said performance. 14. The Director of Public Works may order a review of this permit, the "Plan" and "Soils Report" and performance of work for the purpose of modifying said permit or requiring remedial work, after hearing thereon, notice of which shall be given to Permittees fifteen (15) days prior to the date set for hearing. If the Director of Public Works determines at the hearing that modification and/or remedial work is required, then he may - 7 - Form A require a modification and/or order Permittees to perform the remedial work, setting a time therefor of not more than thirty days~ which time may be reasonably extended. If Permittees fail to so comply,' the Director of Public Works may order a ~suspension of the permit, suspension of work or revocation of the permit. Permittees may within five days after receipt of the order from the Director of Public Works file an appe.al from said order with the City Manager. The City Manager shall within ten days thereafter confirm, modify or revoke said order. Per- mittees may then file an appeal with the City Council within five days after issuance of the order by the City Manager, and hearing on said appeal shall be set by the City Clerk at the next regular meeting. The City Council may confirm, modify or revoke said order. 15. Special conditions are set forth on Schedule A Line 6. 16. This permit shall not become effective until Permittees have ' executed the acceptance endorsed thereon. Dated: City Clerk This permit is accepted by the undersigned who agree to comply with and be bound by the terms thereof, and this permit shall bind the Permittees~ their assigns and successors in interest. Date d: Permittees By By Form A Permittees By By _,, - 9 - Form A 1. Date: SCHEDULE A GRADING PERMIT · · 2. Permittees: Grading 'Site: 4. Soils Report: 5. Haul Route: 6. Special Conditions: Form A EXHIBIT A GRADING PERMIT ISSUED TO SPECIAL CONDITIONS - SCHEDULE A, LINE 6 1. Permit Does Not Constitute Consent by City for the Following: This Permit shall not be construed to mean that Permittees have acquired a right or consent from City and is not a grant ar acknowledgment of a right, consent or permission by City to: A. Interfere with, damage, take or destroy any property, interests in property, or established rights of others (including the public or any public agencies) having such interests in the subject fill site shown on'the "plan" and/or adjacent properties. B. Construct, place or maintain the fill and appurtenant works in such a manner as to interfere with, damage, take or destroy any property, interests in property, or established rights of others (including the public and any public agencies) having such interests in the subject fill site shown on the - "plan" and/or adjacent properties. C. Proceed with the grading, filling and appurtenant works without obtaining any and all rights, consents and permits fr~m private owners, public agencies and others having property interests and/or rights in the subject fill site shown on the "plan," and the adjacent properties affected by the proposed work and fill. Exhibit A to Schedule A 1. Form A 2. Other Permits and Consents: Permittees shall obtain from private owners, public agencies (including those with proprietary rights and regulatory juris- diction) and others any and all rights, consents and permits . which may be necessary to proceed with and complete the fill and appurtenant works, and in obtaining same acts solely for its own purposes and not as an agent or representative of City. 3. Interference with, Or Damage To, Property, etc.: Permittee shall construct, place and maintain the fill and appurtenant works in such a manner as not to interfere with, damage take or destroy any property, interests in property or established rights of others (including the public and public agencies) having such interests in or regulatory jurisdiction .over the subject fill site shown in the "plan" and adjacent properties. Exhibit A to Schedule A 2. FORM B GRADING PERMIT IN ACCORDANCE WITH Resolution No. 5809 of the City Council of the City of South San Francisco, made the day of , 19 , this Grading Permit is issued on the terms and conditions hereinafter set forth to hereinafter called "Permittee," to fill and grade the parcel of land shown on the map entitled," hereinafter called "plan." TERMS AND CONDITIONS: 1. Permit Does Not Constitute Consent by City for the Following: This Permit shall not be construed to mean that Permittee has acquired a ~right or consent from City and is not a grant or acknowledgment of a right, consent or permission by City to: A. Interfere with, damage, take or destroy any prop- . erty~ interests in property, or established rights of others (including the public or any public agencies) having such interests in the subject fill site shown on the "plan" and/or adjacent properties. B. Construct, place or maintain the fill and appur- tenant works in such a manner as to interfere with, damage, take or destroy any property, interests in property, or - 1 - Form B established rights of others (including the public and any public agencies) having such interests in the subject fill site shown on the "plan" and/or adjacent properties. C. Proceed with the grading, filling and appurtenant works without obtaining any and all rights, consents and permits from private owners, public agencies and others having property interests and/or rights in the subject fill site shown on the "plan", and the adjacent propert&es affected by the proposed work and fill. 2. Other Permits and Consents: Permittee shall obtain from private owners, public agencies (including those with proprietary rights and regulatory juris- dictiOn) and others any and all rights, consents and permits which may be necessary to proceed with and complete the fill and appur- tenant works, and in obtaihing same acts solely for its own purposes and not as an agent or representative of City. S. Interference with, or Damage To, Property, etc.: -Permittee shall construct, place and maintain the fill and appurtenant works in such a manner as not to interfere with, damage, take or destroy any property, interests in property or established rights of others (including the public and public agencies) having such interests in or regulatory ~urisdiction over the subject fill site shown in the 'Iplan" and adjacent properties. 4. Design, Construction and Maintenance of Fill and Appurtenant Works: Permittee shall construct, place and maintain the fill and appurtenant works in accordance with: A. - 2 - Form B herein designated "plan." B. herein designated "report." C. Terms and Conditions of this Permit. D. Report and Recommendations of the Director of Pub iic Works. $. Placement, Performance and Maintenance of the Fill and Appurtenant Works: "Permittee" shall be responsible for the placement, performance and maintenance of the fill and appurtenant works, and should there be: an interference with, damaging, taking or destruction of any property, interests in property, or established rights of others (including the public or any public agencies) having such interests in the subject fill site shown on the "plan" and adjacent properties; a failure of the fill and/or appurtenant works for any cause whatsoever (including but not limited to design, supervision and construction) which causes undue settlement, differential settle- ment, encroachment into a channel or waterway or lands of others or a hazardous condition or nuisance, then "Permittee" shall design and perform any and all necessary remedial work, and/or be responsible for damages assessed by a court having jurisdiction of any claim or suit arising therefrom. - 3 - Form B 6. Soils Engineer, Supervision, Inspection, Modification and Certification: "Permittee" shall designate and retain a qualified soils engineer to supervise and inspect the construction and placement of the fill and appurtenant works and file reports and certifica- tions as hereinafter set forth. "Permittee" shall cause the soils engineer to file with City an acknowledgment of being so designated and retained. · A. Supervision and Inspection: "Permittee" shall require the soils engineer to assure construction and placement of the fill and appurtenant works in accordance with the "plan", soils report" and the terms and conditions of this Permit, and to coordinate all soils inspection and testing during the grading and filling operations. If in the course of fulfilling his responsibility the soils engineer finds that the work is not being done in accordance with the "plan", "soils report" and terms and conditions of this Permit, he shall immediately notify "Permittee" and City. "Permittee" shall upon receipt of said notice cause the work to be done as required and any remedial work done which may be necessary. City upon receipt of the notice may suspend the Permit until "Permittee" cauSes the remedial work to be done and resumption of the operation as required by the terms of the Permit. B. Modification: Modification of the "plan", soils report" and terms and conditions of this Permit may be accomplished by application Form B to the Director of Public Works which shall contain all neces- sary plans and additional soils report and recommendations .' necessary to describe and substantiate the request for modification. C. Report and Certification: "Permittee" shall cause the soils engineer to file the following reports and certifications: 1. A final soils engineering report which sha.ll include certification of soil-bearing capacity, sum- maries of field and laboratory tests, location of tests and an "as built" plan showing the limits of the com- pacted fill. 2. An engineering geology report based on a final contour map which shall include specific approval of the grading as affected by geological factors and, where necessary, a revised geological map and cross-sections and any recommendations regarding building restrictions or foundation setbacks. A final contour map of the completed work together with a certification that the grading work and appurtenant works have been placed and 11 1! constructed in accordance with the "plan, soils report" and the terms and conditions of this Permit. ?. Filling During Inclement Weather: No fill material shall be placed, spread or rolled during unfavorable weather conditions. When the work is interrupted by heavy rain, fill operations shall not be resumed until field tests by the soils engineer are made and the soils engineer on the basis of said tests determines that the moisture content and density of -- 5 Form B the fill are satisfactory for resumption of the filling operation. "Permittee" Shall require all persons performing any grading opera- tions on the site to put into effect all safety precautions which are necessary, including adequate anti-erosion and/or drainage devices, debris basins, or other safety devices to protect the life, limb, health and welfare of the private and public property of others from damage of any kind. 8. DuSt Control: "Permittee" shall control dust by the use of an adequate number of water trucks or an effective palliative using such dust-laying equipment and methods that may be required to protect the public and private property in the vicinity of or adjacent to the area from annoyance or damage from dust caused by the grading operations. "Permittee" shall conduct the dust control operations seven days a week, twenty-four hours a day. Should "Permittee" neglect to control the dust as herein provided, the Director of Public Works may suspend the grading operations upon written notice to "Permittee" requiring that all operations cease until a reasonable schedule or plan for dust control is filed with the Director of Public Works. 9. Excavations and Back-Fills: "Permittee" shall require soils inspection, supervision and certification of any excavations and back-fills made during the progress of the fill or after the fill is completed. 10. Suitability for Structures: The issuance of this Permit and the completion of the fill in accordance therewith shall not mean that further soils analysis and reports and footing diagrams and recommendations shall not be required at the time of construction on the site. -- 6 Form B 11. Availability of Documents: "Permittee" shall make available to the'Director of Public Works any and all documents, maps or reports concerned with the grading operations and shall permit inspection of the fill material at the site by the Director of Public Works in order that adequate inspection may be made to determine whether said property is being filled and installations made in accordance with the terms of this Permit. 12. Waivers and Indemnity: "Permittee" shall and does hereby waive any and all claims against City, its elective and appointive officers and employees arising out of any failure of the fill and/or appurtenant works for any cause whatsoever, including but not limited to design, supervision and construction which causes settlement, differential settlement, encroachment into channels or waterways or lands of others, or hazardous conditions or nuisances, and does further agree to hold City, its elective and appointive officers and employees harmless from any claims or suits (including but not limited to personal injury and property damage by way of tres- pass or inverse condemnation) arising out of the placing and per- formance of the fill and appurtenant works, whether due to design, construction or maintenance or any other cause whatsoever, and "Permittee" shall indemnify City, its elective and appointive officers and employees for any loss sustained due to claim or suit made against City, its elective and appointive officers and employees therefor, and "Permittee" shall bear the cost (including attorney's fees) of any such claim or suit. - ? - Form B IS. Time for Commencement and Completion: "Permittee" shall commence the work on or before the day of , 19 , and complete same on or before the day of' , 19 . The times herein stated may be modified by the City Council. 14. Non-Assignability: "Permittee" shall not assign this Permit without first having obtained the consent of the City Council thereto. 15. Warranty of Ownership: "Permittee'' shall and does hereby warrant that they are the owners of.the subject fill site and have acquired all of the necessary slope easements and other rights required for the con- struction and placement of the fill and appurtenant works. "Permittee" shall furnish City a title report within thirty (S0) days establish- ing "Permittee" as vestees of the subject fill site. 16. Haul Routes: The Director of Public Works shall designate the haul routes fOr "Permittee" and shall file a description of said haul routes with the City Clerk. "Permittee" or his hauling contractor shall file with City a corporate surety bond in the principal sum of Dollars ($ ) to'secure the performance and assure compliance with the provisions of Ordinance No. 260. 17. Special Conditions: The Special conditions applicable to this Permit, if any, shall be set forth in Exhibit "A" attached hereto. - 8 - Form B 18. Permit Review: The Director of Public Works may order a review of this permit, the "Plan" and "Soils Report" and performance of work for the purpose of modifying said permit or requiring remedial work, after hearing thereon, notice of which shall be given to Permittee fifteen days prior to the date set for hearing. If the Director of Public Works determines at the hearing that modification and/or remedial work is required, then he may require a modification and/or order Permittee to perform the remedial work, setting a time therefor of not more than thirty days, which time may be reasonably extended. If Permittee fails to so comply, the Director of Public Works may order a suspension of the permit, suspension of work or revocation of the permit. Permittee may within five days after receipt of the order from the Director of Public Works file an appeal from said order with the City Manager. The City Manager shall within ten days thereafter confirm, modify or revoke said order. Permittee may then file an appeal with the City Council within five days after issuance of the' order by the City Manager, and hearing on said appeal shall be set by the City Clerk at the next regular meeting. The City Council may confirm, modify or revoke said order. 19. Enforcement: The Director of Public Works is authorized to enforce the terms and conditions of this permit. If Permittee neglects, refuses or otherwise fails to comply with terms and conditions of this permit, the Director of Public Works shall proceed as follows: A. Notice to Comply. The Director of Public Works shall issue in writing to Permittee a Notice to Comply, stating therein - 9 - Form B the act or acts required to comply with the terms and condi- tions of said permit, establish a time for the performance of said act or acts, which shall not be less than five days after receipt of said notice, and inform Permittee that upon failure to so comply a Notice of Suspension will issue on the sixth day after receipt of said Notice. Permittee, within five .days after receipt of said Notice to Comply m'ay file a Request for Review with the City Manager, who within five days after receipt thereof shall set a conference meeting with the Director of Public Works and Permittee for the pur- pose of confirming, modifying or ordering withdrawal of the Notice to Comply. If Permittee files the Request for Review, issuance of the Notice of Suspension shall be stayed until the City Manager confirms, modifies or revokes the Notice to Comply. B. Notice of Suspension. The Director of Public Works shall issue a Notice of Suspension if (1) Permittee neglects, refuses or otherwise fails to do the act or acts required by the Notice to Comply, within the time stated, unless Permittee has filed a Request .for Review. (2) Permittee neglects, refuses or otherwise fails to do the act or acts required by the Notice to Comply as confirmed or modified by the City Manager within five days after said confirmation or modification. Permittee within five days after receipt of the Notice of Suspension may file an Appeal with the City Council, upon - 10 - Form B receipt of which the City Clerk shall set a hearing before the Council for the next regular meeting, for the purpose of having the Council confirm, modify or revoke the Notice to Comply and Notice of Suspension. If Permittee files the Appeal, the Notice of Suspension shall be stayed until the Council confirms, modifies or revokes the Notice to Comply and Notice of Suspension. If the Council confirms or modifies same, then Permittee shall comply within five days after Council's order, and upon Permittee's neglect, refusal or failure to perform said act or acts so required, then on the sixth day after Council's order said permit shall stand suspended and Permittee shall cease grading said parcel. If on the thirtieth day after said order Permittee has not performed the act or acts so required, then said permit shall stand revoked, unless the Council extends the · time for said performance. 19. Execution and Acceptance of Permit: This Permit shall not become effective until it is executed and accepted.by "Permittee" through his duly-authorized officers. City may require that "Permittee" file evidence of the authority of the officer executing the Permit for "Permittee." Dated: Arthur A. Rodondi City Clerk Form B The undersigned hereby accepts this Permit on behalf of the Permittee, his successors and assigns and agrees to be bound by the terms thereof. Dated: PERMITTEE: By By - 12 -