ORDINANCE 54137 1
ORDINANCE NO. S41
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AMENDING "THE CODE OF THE CITY
OF EL SEGUNDO$ CALIFORNIA, 195$" BY ADDING
AN "ARTICLE 4 EXCAVATIONS AND FILLS" TO
CHAPTER 27 OF SAID CODE.
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO$ CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. That a new article, to be known and desig-
nated as "Article 4,Excavations and Fills ", shall be, and the same
is hereby, added to Chapter 27 of "The Code of the City of El Se-
gundo, California, 195$1f, and which said new article shall read
as follows, to wit:
"A R T I C L E 4
"EXCAVATIONS AND FILLS
"SEC. 27.39. DEFINITIONS. The following words and
phrases, whenever used in this article, shall be construed
as defined in this section:
"(a) tExcavatet shall mean the cutting or digging,
and removal of earth, rock or other materials.
"(b) 'Fill' shall mean the depositing of excavated
earth or other materials.
"(c) 'Grading' shall mean any excavation or fill or
any combination thereof and shall include the conditions re-
sulting therefrom.
"(d) 'Site' shall mean one or more contiguous lots
or parcels of land under the same ownership whether or not
separated by a street or streets.
"SEC. 27.40. PERMIT REQUIRED TO GRADE, EXCAVATE OR FILL.
No person shall grade, excavate or fill in, on or about any
site without a permit so to do from the City Engineer where the
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quantity of earth or other material to be graded, excavated
or filled on any one site exceeds fifty (50) cubic - yards, ex-
clusive of necessary material removed or placed for work author-
ized by a valid building permit, or where in the opinion of
the City Engineer such excavation or fill, regardless of volume
of material, would constitute a hazard to life or property or
will cause changes in drainage, erosion and /or infiltration
that will endanger life or property.
"SEC. 27.41. TITS LIMIT; EXTENSION. The City Engineer
shall limit the duration of such permit, and it shall be un-
lawful for any person:
"(a) To commence work thereunder after the permit has
expired; or
tt(b) Having commenced work thereunder, to neglect,
refuse or fail to complete such work prior to the expiration
of the permit, unless the City Engineer, upon application there-
for, renews the permit and extends the time for completion.
Such renewal shall be discretionary with the City Engineer and.
shall be subject to the provisions of this section.
"SEC. 27.42. APPLICATION FOR PERMIT. In addition to
the information required by the City Engineer, applications
shall state:
"(a) Whether applicant is the owner of the property
on which the grading, excavating or filling is to be done and,
if not, the name and address of the owner and written evidence
of his consent.
't(b) Whether the site is being subdivided under the
State Subdivision Map Act;
rt(c) Legal description and street address of the prop-
erty on which the proposed grading, excavating or filling is to
be done;
't(d) The name and address of the contractor who will
be in charge or control of such work;
tt(e) Plans of the proposed grading, excavation or fill
<. and an estimate of the quantity of earth or other material in-
volved, including a statement as to whether any of such earth
or other material is to be hauled away or imported;
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necessarily adjacent or contiguous thereto, or to public
sewers, drains, water courses, streets, street improvements,
or other public property, or result in seepage or slides, except
upon condition that such damage or hazard shall be eliminated
by the erection of necessary walls, cribs, or other devices
approved by the City Engineer. Factors to be considered by
the City Engineer in granting the permit shall include, but
shall not be limited to, possible saturation by rains, run-
off of surface waters, nature and type of soil or rock, and
compaction of fill.
"SEC. 27.46. DEPOSIT OF BONDS AND INSURANCE. The City
Engineer may require, as a condition to the granting of any
permit applied for hereunder, that the applicant deposit cash
or a surety bond, in an amount to be fixed by the City Engi-
neer, guaranteeing that the applicant will faithfully perform
all of the conditions and requirements under which the permit
is issued and comply with the provisions of this Code and will
remove any silt or debris washed into the streets of the City
from the site before the work is completed. The City Engi-
neer may also require, as a condition to the granting of such
permit, that the applicant carry a policy of insurance insur-
ing the City and the public against any loss or damage to per-
sons or property arising directly or indirectly from the oper-
ations of the applicant or any person acting on his behalf,
in carrying on any work connected directly or indirectly with
said permit.
"SEC. 27.47. POSTING. Every permit issued pursuant to
this article shall be kept posted in a conspicuous place on the
property for which issued during the entire period that the
work of grading, excavating or filling is being done.
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"2. ROUGH GRADING. When all rough grading has been
completed;
9. FINAL. When all work, including installation of
all drainage structures and other protective devices, has
been completed.
Upon receiving such notice, the City Engineer shall promptly
inspect the work and shall either approve the same or notify
the permittee in what respects there has been failure;to com-
ply with the requirements of this article or Code. Any por-
tion of the work which does not comply shall be promptly
corrected by the permittee.
"SEC. 27.56. DEVIATION FROM PLANS AND SPECIFICATIONS.
The permittee shall not deviate from the plans and specifica-
tions without the written approval of the-City Engineer.
"SEC. 27.57. INTERFERENCE WITH INSPECTION PROHIBITED.
No person shall in any way hinder or prevent the City Engineer
or his agents acting in their assigned capacity from entering
and inspecting any property on which grading, excavating or
filling is being done in the City.
"SEC. 27.58. ADDITIONAL SAFETY PRECAUTIONS MAY BE IM-
POSED BY CITY AFTER PERMIT ISSUED. If, at any stage of work
on grading, excavating or filling, the City Engineer deter-
mines by inspection that the nature of the formation is such
that further work as authorized by an existing permit is likely
to endanger any property, street or public way, he may require
as a condition to allowing the work to be done that such rea-
sonable safety precautions be taken as he considers advisable
to avoid such likelihood of danger. tSafety precautionst may
include, but shall not be limited to, specifying a flatter
exposed slope, construction of additional drainage facilities,
berms, terracing, compaction or cribbing.
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"SEC. 27.59• MISCELLANEOUS REQUIREMENTS. Any person
to whom a permit is issued hereunder shall comply with the
following:
"(a) All vehicles transporting rock, earth or other
materials from such excavation over the streets of the City
shall travel only directly over such route as may be directed
by the City Engineer to be least dangerous to public safety,
cause the least interference with general traffic and cause
the least damage to the streets;
"(b) The floor of any such excavation shall not be
made lower than the level thereof as set forth in the appli-
cation without the approval of the City Engineer;
"(c) If any such excavation will present a dangerous
condition if left open, such excavation shall be enclosed by a
suitable fence, barricades, lights, or other safety measures;
"(d) Any rock, earth or other material that may be
spilled on any public street or place from any vehicle trans-
porting such materials from any such excavation shall be im-
mediately removed in a manner satisfactory to the City Engineer
at the expense of the person to whom the permit to excavate was
issued.
"SEC. 27.60. MAINTENANCE OF PROTECTIVE DEVICES. The
owner of any property on which grading or an excavation or fill
has been made pursuant to a permit granted hereunder, and any
other person or agent in control of such property, shall main-
tain in good condition and repair all retaining walls, cribbing,
drainage structures, and other protective devices, including
planting, shown in the approved plans and specifications sub-
mitted with the application for a permit or subsequently re-
quired by the City Engineer.
"SEC. 27.61. COMPLIANCE WITH REQUIREMENTS. All grading,
excavating and filling of land in the city shall be done in
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accordance with the provisions of this article -and Chapter 28 of
the Uniform Building Code, insofar as said regulations are ap-
plicable.
"SEC. 27.62. RESPONSIBILITY OF PERMITTEE. All permits
issued hereunder shall be presumed to incorporate the proviso
that the applicant, his agent, contractors or employees shall
carry out the proposed work in accordance with the approved
plans and specifications and in compliance with all the require-
ments of this article, and any other laws and regulations ap-
plicable thereto, whether specified or not. No approval pro-
vided for in this article shall relieve or exonerate any person
from the responsibility of complying with the provisions and
intent of this article.
"SEC. 27.63. OWNER NOT RELIEVED OF RESPONSIBILITY.
Compliance with the requirements and conditions of this article
and Code or the granting of an application or issuance of a
permit shall not be construed to relieve the owner of real
property of any legal duties, obligations or liabilities inci-
dent to the ownership of the property while the work of grad-
ing, excavating or filling is in progress, or after the comple-
tion thereof."
SECTION 2. That this ordinance shall become effective
at midnight on the thirtieth day from and after the date of the
final passage and adoption thereof.
SECTION 3. That the City Clerk shall certify to the
passage and adoption of this ordinance; shall cause the same to
be entered in the book of original ordinances of said City; shall
make a minute of the passage and adoption thereof in the records
of the meeting at which the same is passed and adopted; and shall
within fifteen days after the passage and adoption thereof, cause
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the same to be published once in the E1 Segundo Herald, a weekly
newspaper of general circulation, published and circulated within
said City of El Segundo and which is hereby designated for that
purpose.
Passed, approved and adopted this 13th day of
April , 1959.
Mayor o the Cit y o
El Segundo, Californ=
ATT T:
City Clerk
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Eunice U. Creason, City Clerk of the City of El Segundo,
California, do hereby certify that the whole number of members of the
City Council of the said city is five; that the foregoing ordinance,
being Ordinance No. 541 was passed and adopted by the said City
Council, approved and signed by the Mayor of saidcity, and attested
by the City Clerk of said City, all at a regular meeting of the said
Council held on the 13th day of April, 1959, and that the same was so
passed and adopted by the following vote:
Ayes: Councilmen_ Baker, Frederick, Meschuk and Mayor Benfield;
Noes: Councilmen None;
Absent: Councilman Gordon.
WITNESS my hand and the official seal of said city this 14th day
of April, 1959•
(SEAL)
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Eunice U. Creason, City Clerk
733
STATE OF CALIFORNIA, )
COUNTY OF LOS ANGELES, ) SS.
CITY OF EL SEGUNDO. )
I, ___ Eunice__ U,___ Creason__________ _____ , City Clerk of the City of El Segundo,
California, do hereby certify that the whole number of members of the City Council
of the said City is five; that the foregoing ordinance, being Ordinance No..543 .........
is a full, true and correct original of Ordinance No...541 ..............of the said City of El
Segundo, California, entitled:
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AMENDING '?THE CODE OF THE
CITY OF EL SEGUNDO, CALIFORNIA, 195811
BY ADDING AN "ARTICLE 4 EXCAVATIONS
AND FILLS't TO CHAPTER 27 OF SAID CODE.,
which was duly passed and adopted by the said City Council, approved and signed
by the Mayor of said City, and attested by the City Clerk of said City, all at a regular
meeting of the said Council held on the_____ 131 h ... day of ....... AP_r l_______________ 1959_ -,
and that the same was so passed and adopted by the following vote:
AYES: Councilmen _.$aker,___Fr�dorck_,__hi��chuk ... and -------------------------
Mayor Benfield; -_____
NOES: Councilmen __ None_ ;.------ _ - - - - -- ------- - - - - -- ------------------------------------------ - - - - --
ABSENT: r unc lman__ Gordon------------------------------------------------------------------- - - - - --
I do hereby further certify that pursuant to the provisions of Section 36933 of the
Government Code of the State of California, that the foregoing Ordinance No .... 541__
was duly and regularly published according to law and the order of the City Council
of said City in the El Segundo Herald, a weekly newspaper of general circulation,
printed, published and circulated within the said City and that the same was so pub-
lished therein on the following date, to wit: ..... April__, 1959___________________ ______
City Clerk of the City of El Segundo, California.
By--------------------------------------------------------------
(SEAL) Deputy.
Affidavit of Publication
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) as
CITY OF EL SEGUNDO )
A. 3Y'.. an.... Ne. w. c.. omb ........................................... _................. being first duly sworn, deposes and says: That
S he is, and at all of the times hereinafter mentioned was, a citizen of the United States of America,
over the age of eighteen years, and a resident of the County of Los Angeles, State of California; that %e
was, at, and during all of the time of the publication of the instrument hereunto attached the ............
...... .pr.in.c.iz al....clark............
r of EL SEGUNDO HERALD, a newspaper of general circulation, published and circulated weekly in
the City of El Segundo, in said County and State; that said newspaper has been so published and
circulated at regular intervals of one week for more than one year immediately preceding the
publication of the instrument hereunto annexed; that said newspaper is, and was, at all of the times
herein mentioned, a newspaper of general circulation within the meaning of Section 4460 of the Political
Code of the State of California; that as provided by said section, said newspaper is published for the
dissemination of local or telegraphic news and intelligence of a general character, having a bona fide
subscription list of paying subscribers; that said newspaper is not and was not at any of the times herein
referred to, devoted to the interests, or published for the entertainment or instruction of a particular
class, profession, trade, calling, race or denomination, or for any number of such classes, professions, trades,
callings, race; or denominations, and that said newspaper is not devoted to or published for, nor was it
at any of the times herein mentioned devoted to or published for the purpose, whether avowed or
otherwise, of entertaining or instructing such classes, professions, trades, callings, races or denomin-
ations, or any of such classes, professions, trades, callings, races or denominations.
That the notice, order, ordinance, resolution or instrument hereunto attached on page ............ numbered
..... -- ------ - °-- - --- ° .. ...............................................------....................................--... .......__._..- ---- -............ -- ......................
hereof in all respects, including subject matter, and size and arrangement of type, is a full true and
correct copy of the said notice, ordinance, resolution or instrument, in words and figures exactly as
published; that the same was set and printed in type not smaller than nonpareil and that the body of
the same was preceded with words printed in black -face type not smaller than nonpareil, describing
and expressing in general terms the purpose and character of the notice, order, ordinance, resolution
or instrument intended to be published, as will appear from an inspection of the said annexed instru-
ment; that the ..... Pr:f.inan-ce.. ruo.. *....5d1 ...........
...................---°--------._........--- ---............................ ....
of which the annexed is a printed copy as hereinabove stated, was published and printed in said news-
paper at least .1 ..... week by ... ............................... consecutive publication commencing on the
......1.6th.. day of .............................. .P5..11........ A. Da �.`�.�..., and ending on the ............ 1 th....... day of
........ .............................Ur ........ A. D. isU...... and as often during said time as said newspaper was regu-
larlyissued, to -wit: .... ...................................................... __ ....................................................... _....................................................
.................. ... ........................- - -A-pr i 1....15 _,-19 5 9
..........................................._.... ............................ - -- .
...................... .......................... . . . .. ........................................... ....... ............... ....... .. y- - - - --
............................................................................. ................. ........... /
..................
Subscribed and sworn to before me this .°�l...........
dayof ....... > ............................ A. D. M.7......
_. ............ ` .................
..........* -�
City clerk of the City of El Segundo, County
Of Los Angeles, State of California.
By.............................................................................................---
Deputy City Clerk of said City.
of ;
3`7.2
"(f) Where the excavated material is to be disposed
"(g) Name and address of the contractor in charge
and control of the trucks or other vehicles to be used to
haul away the excess material;
"(h) The equipment and methods to be used in the
grading, cutting or digging work and in the disposing of the
excavated material;
"(i) Estimate of the cost of the work involved;
"(j) Plans and specifications of walls, cribs or
other devices proposed to be constructed or used in connection
with the grading, excavation or fill signed by a civil engineer
licensed and registered by the State;
"(k) Evidence of building permit issued by the Build-
ing Department for walls which exceed eighteen (18) inches in
height;
"(1) Such other applicable information as may be
required by the City Engineer, including:
"l. A location map which shall show the lo-
cation of the proposed work in relation to the improved
and unimproved areas adjacent thereto;
112. Provision for bonding fills to existing
ground surfaces, and methods of consolidation and com-
paction of fills;
"3. Provisions for the drainage of existing
ground surfaces and surface drainage for the protection
of cuts and fills;
"4. Provisions for the drainage of subsurface
water where subsurface waters are known or believed to
exist;
"5. Estimated starting and completion dates.
"(m) The provisions of subsections (d), (f), (g),
(h) and (i) of this section shall not apply to any department
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of the City when the information required thereby is not
available at the time application for a permit is made;
provided, however, when such information is available it
shall promptly be furnished to the City Engineer in the
form required and become a part of such application.
"SEC. 27.43. INSPECTION COST. Every appli-
cant for a permit hereunder shall deposit such sum as the
City Engineer may deem necessary for the payment of the
probable costs of inspecting the site, checking the plans
and specifications of the proposed grading, excavation,
fill, walls, cribs, and other devices, performing engi-
neering, and making inspections and necessary soil tests
in connection therewith. The City Engineer shall keep a
record of such costs and shall deduct the amount thereof
from the moneys on deposit, refunding the balance, if any,
to the applicant. In the event the deposit shall not be
sufficient to cover all of the costs incurred by the City,
the applicant shall, upon demand by the City Engineer,
pay to the City such additional sum or sums as shall be
necessary to fully compensate the City for the actual
costs incurred on receipt of bills therefor.
"SEC. 27.44. PERMIT FEE. Every applicant shall
pay to the City with each application filed a permit fee
of Four Dollars ($4.00).
"SEC. 27.45. GRANTING OR REFUSAL OF PERMIT. No
permit shall be granted by the City Engineer in any case
in which the proposed grading, excavation or fill will re-
sult in removing the lateral and subjacent support of the
adjacent land, or otherwise endanger or constitute a hazard
to other real property at a higher or lower elevation not
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"SEC. 27.48. SEPARATE PERMITS. A separate permit
shall be required for each site on which any grading, exca-
vating or filling is done.
"SEC. 27.49. PLANS AND SPECIFICATIONS. Plans and
specifications required to be submitted with an application
for a permit hereunder shall include a contour map showing
the existing contours of the land and the proposed contours
of the land after completion of the proposed ho rk; a plot
plan showing location of the grading, excavating and filling;
description of the type and features of the soil; details of
any proposed drainage structures, walls, cribs, and surface
protection, and /or other data, satisfactory to the City Engi-
neer, which precisely described the work to be done, and the
name and qualifications of the person who prepared such plans
and specifications.
"SEC. 27.50. DRAINAGE. All drainage provisions shall
be of such design as to carry surface water to the nearest
practical street, storm drain, or natural water course approved
by the City Engineer as a proper place to deposit and receive
such water.
"SEC. 27.51. EXCAVATION SLOPE. No excavation shall
be made with a cut face steeper in slope than one horizontal
to one vertical. The City Engineer may, upon request, permit
deviations from this standard. The City Engineer may require
the applicant first to furnish him with the written opinion of
a civil engineer licensed and registered by the State and ex-
perienced in erosion control, who shall be acceptable to him,
certifying that he has investigated the site and that the pro-
posed deviation will not endanger any property. The City En-
gineer may require the excavation to be made with a cut flatter
in slope than one horizontal to one vertical if he finds the
material in which excavation is to be made is unusually subject
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37y-7
to erosion, or if other conditions make such flatter cut neces-
sary for stability and safety. No cut face shall exceed thirty
(30) feet in vertical height between berms or other level areas
unless authorized in writing by the City Engineer.
"SEC. 27.52. CERTIFICATE BY SOILS TESTING AGENCY. The
City Engineer may require a certificate by an approved soils
testing agency based upon tests of the fill at selected stages
thereof. However, where a fill is on a site being, or in-
tended to be, the support for building or structure, a soil
bearing value shall be determined by test from a soil testing
agency, acceptable to the Director of Building and Safety, and
such value shall be filed as a permanent record in the Build-
ing Department. All costs relative to soil tests shall be
borne by the applicant.
"SEC. 27.53. COMPACTION OF FILLS. All fills on sites
being, or intended to be, subdivided under the State Subdivisi-
on Map Act and all fills intended to support buildings or
structures shall be made to a minimum compaction of ninety per
cent (90%) of maximum density throughout the fill as determined
by the Modified American Association of State Highway Officials,
compaction test. Compaction of other fills shall not be re-
quired except where the City Engineer determines that compac-
tion is necessary as a safety-measure to aid in preventing
the saturation, slipping or erosion of the fill. The per cent
compaction required shall depend upon the particular circum-
stances and type of fill involved. The City Engineer may im-
pose conditions including, but not limited to, the following:
111. Preparation of the natural ground surface by
removing top soil and vegetation and by compacting the
fill upon a series of terraces;
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"2. Control of moisture contained in the material
used for fill;
"3. Limitation on the use of various kinds of ma-
terials;
"4• Maximum thickness of the layers of the fill to
be compacted;
"5. Method of compaction;
116. Density requirements of the completed fill de-
pending upon the location and use of the fill;
"7. Tests required during the process of filling.
"SEC. 27.54• SURFACE SLOPE OF FILLS. No fill shall be
made which creates any exposed surface steeper in slope than
one and one -half horizontal to one vertical. The City Engineer
may, upon request, permit deviations from this standard. The
City Engineer may require tie ` written opinion of 'a civil * engi-
neer licensed and registered by the State and experienced in
soil compaction and erosion control, who shall be acceptable to
the City Engineer, certifying that he has investigated the site
and that the proposed deviation will not endanger any proper-
ty. The City Engineer may require that the fill be constructed
with an exposed surface flatter than one and one -half horizon-
tal to one vertical, if he finds that under the particular con-
ditions such flatter surface is necessary for stability and
safety. No fill slope shall exceed thirty (30) feet in verti-
cal height between berms or other level areas unless authorized
in writing by the City Engineer.
"SEC. 27.55. INSPECTIONS BY CITY. The holder of any
permit issued hereunder shall notify the City Engineer as
follows :
"l. INITIAL INSPECTION. Whenever work on the
grading, excavation or fill is ready to be commenced,
notification shall be given two (2) days before any work
is done;