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HomeMy WebLinkAboutReso 22-1987 RESOLUTION 22-87 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING A GRADING PERMIT FORM WHEREAS, the City Council of the City of South San Francisco desires to establish a grading permit form in order to implement regulations for pro- tection of the public and protection of property in the vicinity of land proposed to be graded; and WHEREAS, the Council desires to authorize the Deputy City Manager/City Engineer t~ issue grading permits or amendments to or modifications of permits previously issued; and WHEREAS, the Council further desires to have a report and recommendation of the Deputy City Manager/City Engineer included as part of the conditions of the grading permit, provided the report and recommendation reasonably implement and extend the regulations; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco Chat the Deputy City Manager/City Engineer is authorized to issue grading permits accompanied by a report and recommendation containing terms and conditions, and that grading permits shall be in substantially the same form as the attached Exhibit "A". BE IT FURTHER RESOLVED that Resolution No. 5809 and Resolution No. 1-81 are hereby rescinded. 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 regular meeting held on the 11th day of March , 19 87 by the following vote: AYES: Councilmembers John "Jack" Drago, Richard A. Haffev, Gus Nicolopulos, Roberta Cerri Teglia, and Mark N. Addiego NOES: Non~ ABSENT: Nnnm ~'~ ATTEST: City C -2- EXHIBIT A TO RESOLUTION NO. 22-87 GRADING PERMIT NO[ IN ACCORDANCE WITH South San Francisco Municipal Code Chapter 15.08 and Section 19.24.150, and City Council Resolution No. , this Grading Permit is issued as of the date shown on Schedule I Line 1 attached, to the Permittees named on Schedule L Line 2, to conduct grading operations in an amount estimated on Schedule ] Line 3A, on the site described on Schedule I Line 3 and shown on the grading p'an, title of which is set forth on Schedule I Line 4B, which is herein- after referred to as "Plan," subject to the following terms and conditions: 1. Permittees shall cause the grading to be done under the immediate supervision of a soils engineer who shall certify upon completion of the grading work that the work was done under his supervision in accordance with the "Plan", and "Geotechnical Report" described in Schedule i Lines 4A and 4B. 2. This permit shall expire on the date set forth on Schedule I Line 7. The Permit may be extended by the City Engineer, at his option, upon written request of the applicant. 3. In accordance with the provisions of the Uniform Building Code, as adopted in Chapter 15.08 of the South San Francisco Municipal Code, during the period between November i and May 1, no grading work in excess of two hundred (200) cubic yards is permitted except as required to maintain temporary erosion control devices, desilting basins and the approved winterization improvements. The Permittees shall accomplish all emergency public safety related work as required by the City to correct hazards within twenty-four (24) hours of receiving oral or written notification by the City Engineer or his authorized representative. If the Permittees do not commence the emergency work within twenty-four (24) hours of contacting, or attempting to contact, the Permittees at their twenty-four (24) hours phone number listed on Page 10 of this Permit, the City Engineer may order City forces or a private contractor to accomplish the work and charge the costs to the Permittees. 4. Permi~tees shall control dust by the use of an adequate number of water trucks and any other methods recommended by the soils engineer to protect public and 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 and erosion control operations seven days a week, twenty-four hours a day. Should Permittees neglect to control the dust or erosion as herein provided, City may suspend the grading operation by written notice to Per- mittees, requiring that all operations cease until a reasonable schedule or plan ~or dust control is filed with the City Engineer. 5. Permittees shall make available to the City Engineer or his representative, 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 City Engineer or his representative in order that adequate inspection may be made to determine whether the property is being filled and graded in accordance with this permit. 6. Permittees shall conduct the grading operations so as not to damage the pro- perty 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 condition or dangerous cuts or embankments, City may order the work completed or the dangerous cuts or embankments removed or made safe at the cost and expense of Permittees. -2- 7~ Perm"ttees shall clear and prepare the site as recommended in the soils report and as required by the soils engineer. Materials for the fill shall consist of materials approved by the soils engineer and may be ob- tained from the excavation of lands, borrow pits or any other approved sources. 8. Perm"ttees shall compact all fills in lifts as recommended in the soils report and as required by the soils engineer. Field density tests shall be made at intervals determined by the soils engineer. No additional layers of fi'l 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 work stopped until underlying layers have been recompacted 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 in accordance with the requirements of the Geotechnical Report and the soils engineer. 9. Perm"ttees shall require the soils engineer to maintain on the site at all times during the placement of fill or the pertinent work a qualified repre- sentative who shall certify to the proper compaction of all fills and to the adherence with all other requirements set forth herein as the work progresses. 10. Perm"ttees shall file with City prior to issuance of this permit an agree- ment between Permittees and soils engineer providing that the soils engineer will "nspect and supervise the grading operations to assure that it is being conducted in accordance with the terms of this permit, and further providing that upon completion of the grading work and the construction and installa- tion the soils engineer shall submit a final report to the City Engineer -3- stating that all cut, fill and slope areas have been constructed and com- pacted in accordance with the "Plan" submitted in the terms of this permit. Permi~tees shall further file with the City a final grading map showing thereon the location of control compacted filled ground, original and final contour lines and finished grade elevations as constructed and locations of all surface and sub-surface drainage pipes and structures. The drainage pipes and s~ructures shall be private property unless there is dedication formally made and accepted by the City Council. 11. Permi~tees shall file with the City, prior to the issuance of their permit, an agreement between Permittees and their soils engineer and/or civil engineer preparing the Geotechnical Report for the grading operation and conducting on-site inspections and reports and specifying that the soils engineer and/or civil engineer will indemnify and hold harmless, and defend Permi~tees and the City, its officers, employees, agents, board and commissions, whether elected or appointed, from and against all claims, demands, actions, causes of action, losses, damages, liabilities, costs and expenses, including but not limited to, reasonable attorney's fees or obligations, for in connection with personal injury (including, but not limited to, death), or damage to property (both real and personal) which arises of or is in any way connected with ~he negligent act, error or omission of the soils engineer and/or civil engineer or their agents, subcontractors or employees in connection with the performance of their work herein. 12. Permittees shall hold harmless, indemnify and, at City's request, defend City, its officers, employees, agents, boards and commissions, whether elected or appointed, from and against all claims, demands, actions, causes -4- of action, losses, damages, liabilities, costs and expenses, including but not limited to reasonable attorney's fees or obligations, or in connec- tion with personal injury (including, but not limited to, death), or damage to property (both real and personal) which arises out of or is in any way connected with the negligent act, error or omission of Permittees or any agents, subcontractors or employees in connection with the performance of the work defined herein. 13. Permictees shall take out and maintain during the life of this Grading Permi~ the following policies of insurance: iA) Worker's Compensation and Employers' Liability Insurance. In the statutory coverage. In signing this Agreement, the Permittees make the following certification: "- am aware of the provisions of Section 3700 of the ~alifornia Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Agreement." lB) Commercial General Liability Insurance: In an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for injuries including, but not limited to, death to any one person and subject to the same limit for each person, in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) combined single limit per occurrence for bodily injury, personal injury and property damage. iC) Automobile Liability (Code 1) Insurance: In an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) combined single limit per accident ~or bodily injury and property damage. liD) Contractual Liability Insurance: Permittees shall take out and maintain during the life of this Grading Permit an insurance policy in the amount of at least ONE MILLION DOLLARS ($1,000,000.00), insuring City, its -5- elective and appointive boards, commissions, officers, agents and employees', and Permictee against damages sustained by reason of any action or actions at law or in equity, and/or any claims or demands by reason of any breach or alleged breach of any contract, or provisions thereof, or by reason of any contractual liability, or alleged contractual liability arising out of any contract entered into by Permittee and/or any of its agents or employees in order to perform the work defined herein. [E) It is agreed that the insurance required by Subsections B, C and D shall be in an aggregate amount of not less than One Million Five Hundred Thousand Dollars ($1,500,000) and shall be extended to include as insureds the City of South San Francisco, its elective and appointive officers, boards, commissions, agents, employees and volunteers with respect to operations per- formed by the Permittee as described herein. The coverage shall contain no special limitations on the scope of protection afforded to the City. Evidence of the insurance described above shall be provided to City upon execution of this Grading Permit and shall be subject to approval by the City Attorney as to form, amount and carrier. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or cancelled except upon thirty (30) days written notice to City. In addition, the following endorsement shall be made on the policy of insurance. "Notwithstanding any other provisions in this policy, the insurance afforded hereunder to the City of South San Francisco shall be pri- mary as to any other insurance or reinsurance covering or available to the City of South San Francisco, and such other insurance or reinsur- ance shall not be required to contribute to any liability or loss until and unless the approxi- mate limit of liability afforded hereunder is exhausted." 14. The C"ty Engineer shall designate the haul route for Permittees, should one be necessary, and shall file a description of the haul route with the City Clerk together with this permit. The haul route, if any, is set forth in -6- 15. 16. 17. Schedule I Line 5A~ Permittees or Permittees' hauling contractor shall file with City a corporate surety bond in the principal sum set forth in Schedule I Line 5B to secure the performance and to assure compliance with the provisions of Section 13.04.160 and Chapter 15.08 of the South San Francisco Municipal Code, or its successor. Perm"ttees shall conduct the grading work and place the fill in accordance with the "Plan", and Geotechnical Report hereinbefore referred to. In addition to the requirements set forth above, this Permit is subject to the special conditions set forth in Schedule I Line 6. The City Engineer is authorized to enforce the terms and conditions of this perm'it. If Permittees neglect, refuse or otherwise fail to comply with terms and conditions of this permit, the City Engineer shall proceed as follows: A. Notice to Comply. The City Engineer shall issue in writing to Permittees a Notice to Comply, stating therein the act or acts required to comply with the terms and conditions of the permit, establishing a time for the performance of the act or acts, which shall not be less than five (5) days after receipt of the notice, and informing Permittees that upon failure to so comply a Notice of Suspension will issue on the sixth day after receipt of the Notice to Comply. Permittees, within five days after receipt of the Notice to Comply may file a Request for Review with the City Manager, who within five days after receipt thereof shall set a conference meeting with the City Engineer and Permittees for the purpose of confirming, modifying or ordering withdrawal of the Notice to Comply. If Permittees file the Request for Review, issuance of Notice of Suspension shall be stayed until the City Manager confirms, modifies or revokes the Notice to Comply. =7- 18. B, Notice of Suspension, The City Engineer shall issue a Notice of Suspension if; (1) Permittees neglect, refuse or otherwise fail to do the act or acts required by the Notice to Comply, within the time stated. unless Permittees have filed a Request for Review. 12) Permittees neglect, refuse or otherwise fail to do the act or acts required by the Notice to Comply as confirmed or modified by the City Manager within five days after the confirmation or modification. Within five days after receipt of the Notice of Suspension Permittees 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 ~ile the Appeal, the Notice of Suspension shall be stayed until the Council confirms, modifies or revokes the Notice to Comply and Notice Work of Suspension. If the Council confirms or modifies same, then Per- nittees shall comply within five (5) days after Council's order, and upon Permittees' neglect, refusal or failure to perform the act or acts so required, then on the sixth day after Council's order the permit shall stand suspended and Permittees shall cease grading the parcel. If on the thirtieth day after the order Permittees have not performed the act or acts so required, then the permit shall stand revoked, unless on or before the thirtieth day the Council extends the time for per- formance. The City Engineer may order a review of this permit, the "Plan" and "Soils -8- 19. 20. Report" and performance of work for the purpose of modifying the permit or requ"ring remedial work, after hearing thereon, notice of which shall be given to Permittee ten (10) days prior to the date set for hearing. If the City Engineer determines at the hearing that modification and/or remedial work is required, then he may require a modification and/or order Perm"ttees to perform the remedial work, setting a time therefor of not more than thirty days, which time may be reasonably extended. If Per- mittees fail to so comply, the City Engineer may order a suspension of the permit, suspension of work or revocation of the permit. Permittees may within five (5) days after receipt of the order from the City Engineer file an appeal from the order with the City Manager. The City Manager shal' within ten days thereafter confirm, modify or revoke this order. Perm"ttees may then file an appeal with the City Council within five days after issuance of the order by the City Manager, and hearing on the appeal shal' be set by the City Clerk at the next regular meeting. The City Council may confirm, modify or revoke this order. This permit shall not become effective until executed by both the Permittees and the City Engineer. This permit shall expire on the date set forth on Schedule 1, Line 7, and, if applicable, may be limited, or suspended, during the period from November I to May I in accordance with the provisions of Chapter 15.08 of the South San Francisco Municipal Code, or its successors. Dated: City Engineer -9- 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, DATED: PERMITTEES (Property Owner) By: By: 24 Hour Phone Number DATED: PERMITTEES (Grading Contractor) By: By: 24 Hour Phone Number -10- 1~ GRADING PERMIT NO~ SCHEDULE I 2. Permittees: Property Owner Grading Contractor Address: 3. Grading Site: 3A. Estimated Quantities of Work Involved: 4A. Geotechnical Report: (Soils Report and Engineering Geology Report) 4B. Grading Plans: 4C. Grading Specifications: All grading work and installation of drainage im- provements shall be accomplished in accordance with the specifications con- tained in the Geotechnical Report and grading plans referenced above and in accordance with direction of the soils engineer in the field. 5A. Haul Route: 5B. Bond Amount: 6. Special Conditions: 7. Expiration Date: See Exhibit A to Schedule 1, Pages 1, 2, 3 and 4. EXHI BIT A GRADING PERMIT NO. SPECIAL CONDITIONS - SCHEDULE 1, LINE 6 1. Permit Does Not Constitute Consent by City for Following: This Permit shall not be construed to mean that Permittees have acquired a right or consent from City and is not a grant or acknowledgment or 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 agenc"es) having such interest 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 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 properties affected by the proposed work and fill. D. Perform further grading within a subdivision after completion of the grading specified in this permit. If further grading is proposed a new grading permit may be required in accordance with Chapter 15.08 of the South San Francisco Municipal Code, or its successor, or this permit may be amended at the option of the City Engineer. 2. Other Permits and Consents: Permittees shall obtain from private owners, public agencies (including those with proprietary rights and regulatory jurisdiction) and others any and all r-'ghts, 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.: Permittees 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, interest "n property or established rights of others (including the public and public agencies) having such interest in, or regulatory jurisdiction over, the subject f~ll site shown in the "plan" and adjacent properties. EXHIBIT "A" TO SCHEDULE "1" 4~ The applicant must adhere to all recommendations contained in the Soils Report as set forth in Schedule 1, Line 4A, of this permit. 5. A'I agreements with respect to grading between applicant and other agen- cies and adjoining owners are to remain in effect for the duration of this permit. 6. Grading shall be performed in accordance with the provisions of this permit, the soils report and plans listed in Line 4A and 4B of Schedule I of this perm"t. 7. In locations where the grading plans indicate a retaining wall, a verti- cal cut may not be made until construction of the wall is to commence. In the event the applicant or the applicant's contractor leaves the grading work in an incomplete condition with dangerous cuts left standing, the City shall take what- ever measures are necessary to eliminate the hazards and charge the cost to the developer. 8. Issuing this permit does not constitute approval by the City of South San Franc"sco of the design and location of future structures, parking facilities, driveways, landscaping and utilities. 9. The contractor shall notify the City Engineer 48 hours prior to the start of this work. 10. A'I work is to be done under the supervision of the Soils Engineer, who shall prepare a final report and certify upon completion that all work has been done in accordance with his requirements. 11. 'Acequate silt retention basins shall be constructed at the entrance to all exist:ng storm drains prior to grading operations to insure that winter rains will not cause mud from the freshly graded slopes to overflow into City streets and obstrtct existing storm drains. 12. T~e applicants shall be continuously responsible for fencing around ex- cavations of fills which would be hazardous without such fencings. 13. T~e applicants shall provide personnel and equipment at the grading site durirg storms to prevent incomplete work from endangering life or property. 14. Acequate interceptor ditches shall be constructed at the top of all slopes to insure that storm water will not flow over the slopes and cause erosion. 15. All excavated areas shall be planted and fertilized as soon as practicable with a fast growing grass cover and continually sprinkled until the grass cover has been established. 16. T~e entire graded area and areas in the process of being graded shall be sprinkled as necessary to inhibit and prevent dust nuisance. In the event the applicant neglects to use adequate measures to control dust, the City shall take whatever ~easures are necessary to allay the dust and charge the cost to the applicant. EXHIBIT "A" TO SCHEDULE "1" -2- 17. -he applicant and the grading contractor shall be responsible for main- taining a'l drainage ditches, drainage pipes and desilting basins during storm weather and to remove accumulated silt from the desilting basins to insure their safe functioning under all conditions. In the event the applicant or the con- tractor neglects to maintain the desilting basins or remove silt, which may cause the clogg-'ng of the storm drains, the City shall take whatever measures are necessary to eliminate the hazards and charge the cost to the applicant. 18. -he haul route set forth in Schedule 1, Line 5A along which fill and grading materials will be transported shall be designated by the City Engineer or his authorized agent. 19. All hauling roads should be adequately sprinkled to prevent dust or sprayed w"th oil or equally effective dust palliative to prevent dust from being blown into the air and carried into the adjacent residential areas of South San Francisco. Dust control shall be for 7 days a week and 24 hours a day. 20. Permittee shall post a corporate surety bond in the amount shown on Line 5B o~ Schedule I as provided for in Chapter 15.08 of the South San Fran- cisco Mun"cipal Code, or its successor, to secure performance of the following conditions of this Grading Permit: Maintenance of adequate dust control measures, removal of soil, mud and other materials caused to overlow upon the public streets or obstruct the City storm drains, and remedial work necessary to cure or remove public nu"sances caused by dangerous cuts or embankments made in the course of performing the grading work, and to indemnify the City in accordance with Municipal Code Section 13.04.160, or its successor, with respect to transporta- tion of earth and fill material as provided in Paragraph 11 of this permit. 21. -he hauling contractor shall either cover its trucks or thoroughly sprinkle the earth material so that no dust is blown off the trucks during tran- sit. It should be understood that the trucks will not be overloaded and that all load requirements shall conform to State Highway Standards. The haul route shall be confined to official truck routes previously adopted by the City Council. 22. Grading and hauling shall not be permitted except during the hours of 7:00 AM tYrough 6:00 PM, Monday through Friday. Neither grading nor hauling is permitted on Saturdays, Sundays or Holidays unless written permission is first obtained from the City Engineer. 23. All earth hauling trucks shall have side and rear boards installed. Earth sha'l not exceed the height of the side and rear boards. 24. Public streets shall be cleaned, swept, and/or flushed each day imme- diately after ceasing hauling operations to the satisfaction of the City Engineer. 25 ~aintenance and/or repair of the graded site and appurtenant works shall be the responsibility of the owner and/or the successors. EXHIBIT "A" TO SCHEDULE "1" 26~ Grading in a public right-of-way or a public easement is prohibited without f"rst obtaining an encroachment permit from the City Engineer or his authorized agent in accordance with Chapter 13.04 of the South San Francisco Municipal Code, or its successor. 27. A Building Permit for construction or development on the subject pro- perty sha'l not be issued by the Building Division of the City of South San Francisco until all conditions of this Grading Permit are satisfied and the Soils Eng"neer has filed a report stating that the building pad(s) have been compacted in accordance with his recommendations and are acceptable for con- struction of the building foundation(s). EXHIBIT A" TO SCHEDULE "1" -4-