Ordinance 23-17ORDINANCE NO. 23=17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE,
CALIFORNIA, ADDING CHAPTER 110 92 ' OF THE EASTVALE
MUNICIPAL CODE IN REGARDS TO GRADING
WHEREAS, the Eastvale Municipal Code currently does not contain guidelines regarding; and
WHEREAS, the City of Eastvale desires to add language to the Municipal Code to regulating
grading operations within the City.
NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 110-92 of the Eastvale Municipal Code is added to read as follows:
1108920010 - Purpose.
The purpose of this chapter is to provide minimum standards to safeguard life, health, property
and the public welfare by regulating and controlling the quality of materials used in, and the
design, construction, location and maintenance of grading, and to implement measures to
substantially reduce the potential for erosion and sedimentation damage within the city.
110s926020 - Scope, interpretation, application and exemptions.
A. The' provisions of this chapter shall apply to all grading within the city, unless specifically
exempted under this section.
B. Every effort should be made V.. preserve safety to life, health, property, and the public
welfare, including providing safeguards both to the'property being graded and to other
property in the area.
C. Neither the issuance of a permit under the provisions of this chapter, nor the compliance
with the provisions of this chapter or with any conditions imposed in the permit issued
under this chapter, shall relieve any person from responsibility for damage to other
persons or property, nor impose any liability upon the city for damage to other persons
or property.
D. The provisions of this chapter shall not apply to any of the following:
in Work in a public street,, alley or sidewalk or other public place regulated by
Chapter 12.08,
2. Mining, quarrying, processing or stockpiling of rock, sand, aggregate or clay, unless
such work affects the lateral support of adjacent orcontiguous property or structures;
3. Excavation or filling of graves in property, dedicated or used for cemetery
purposes.
110-92.030 - Definitions.
Whenever the following words are used in this chapter they shall have the meanings indicated in
this section:
A. "City Engineer." The City Engineer acting either directly or through properly authorized
agents.
B. "Excavation." Any act by which earth, sand, gravel, rock or any other similar material is
cut into,, dug,, scooped, quarried, bored, trenched, benched, uncovered, removed,
displaced,, relocated, or bulldozed and includes the conditions resulting therefrom;
including any and all work associated with geotechnital investigations, soils investigations
or any other subsurface investigation; any and all demolition activities covered by a
building permit; and removal of or abandonment of'underground storage tanks.
C. "Fill." Any act by which earth, sand, gravel, rock or any other material is deposited, placed,
pushed, dumped, pulled, transported or moved to a new location and includes the
conditions resulting therefrom.
D. " Grading." The process of raising and/or lowering the levels of land through excavation
or fill or any combination thereof. The term shall include the conditions resulting there
from.
E. "Grading permit." Any permit required by Appendix J Section J103 of the California
Building Code.
F. Permittee." Any owner, land occupier or contracting agent to whom a grading permit is
issued.
G. "Site. " A separate lot or parcel of land.
110.92.040 -General requirement- Maintenance of premises.
The owner, land occupier, or other person in control of any' property who orders, or causes land
owned, occupied, or controlled by him, or any land, to be gra'ded, or knowingly permits the same,
shall maintain that land in good condition.
110.92.050 - Permit- Required.
No person shall commence or perform any grading without having first obtained a grading permit
or be exempted by the City Engineer. A separate grading permit shall li,,)e obtained for each site.
One permit may cover both an excavation and any fill made with the excavated materials on the
same site.
1106926060 -Permit- Exceptions.
A grading permit shall not be required for the following exceptions, but in all other respects the
provisions of this chapter shall apply:
A. An excavation below finished grade for swirnm*ijng pool or pertinent underground
structure authorized by a valid building permit.
B. An excavation or fill authorized bY a valid encroach permit.
C. Grading by or for a public agency or utility company when specifically exempted in writing
by the City Engineer.
D. Minor grading that will not redirect or concentrate existing drainage flows and is of
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negligible hazard, or where site modification does not exceed a total area of five hundred
(500) square feet, and when specifically exempted in writing by
the City Engineer.
An excavation which does not exceed 50 cubic yards on any one site and is less than two feet in
vertical depth, and is specifically exempted in writing by the City Engineer.
SECTION 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction. such decision shall not affectthe validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each
section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or
portions thereof be declared invalid or unconstitutional.
SECTION 3. The City Clerk shall certify to the adoption of this ordinance and shall cause the same
to be published in accordance with law.
SECTION 4. This ordinance shall take effect thirty (30) days after its passage by the City Council.
PASSED, APPROVED AND ORDAINED this 8th day of February, 2023.
APPROVED AS TO FORM:
Erica Vega
City Attorney
Todd Rigby
Mayor
ATTEST:
Marc A. Donohue, MMC
City Clerk/Communications Director
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the
foregoing Ordinance No. 23-17, was introduced at a regular meeting of the City Council of the
City of Eastvale held on the 25th day of January, 2023, and was passed by the City Council of the
City of Eastvale at a regular meeting held on the 8th day of February, 2023, by the following vote:
AYES: Councilmembers Lorimore, McMinn, Yow, Mayor Pro Tern Dinco, and Mayor Rigby
NOES:
ABSENT:
ABSTAIN:
4 ))R
Marc A. bonohue, MMC
City Clerk/Communications Director