Article III — Procedures

Applications for permits shall be filed with the director of public works on forms furnished by his/her office. Each application shall include a plan checking fee and other fees as required, preliminary or final grading plans, a preliminary pollution plan, and a statement of the intended use of the site. Only one application and permit is allowed for grading work to be done on a site at one time. The director of public works shall determine whether the application is complete in accordance with provisions of Article IV herein and may require additional information from the applicant before accepting the application as complete.

(Prior gen. code § 7-112.0)

(Ord. No. 2010-19, § 1, 5-4-10)

The California Environmental Quality Act (CEQA) and other environmental review requirements may require the preparation and review of environmental documents concerning a proposed grading project. In such

event, this county, acting through the Community Development Agency (CDA), will be a responsible agency or may function as the lead agency.

(Prior gen. code § 7-112.1)

(Ord. No. 2010-19, § 1, 5-4-10)

A.

The director of public works shall refer those permit applications falling within the following categories to the listed county or other public agencies for approval prior to issuance of the permit:

1.

Any proposal for grading work associated with a development that is subject to the provisions of Title 16 or Title 17 of the general ordinance code shall be referred to the community development agency (CDA).

2.

Any proposal for grading work associated with the construction or reconstruction of a fire access roadway or a fire break shall be referred to the responsible fire protection agency.

3.

Any proposal for grading work associated with a development that involves the construction or reconstruction of an on-site wastewater disposal system shall be referred to the department of environmental health of the health care services agency.

4.

Any proposal for grading work that will disturb more than one acre of soil or that is associated with a larger common plan of development that will disturb more than one acre shall be referred to the regional water quality control board for review of a storm water pollution prevention plan (SWPPP).

B.

The director may refer an application to other interested public agencies for their recommendations.

(Prior gen. code § 7-112.2)

(Ord. No. 2010-19, § 1, 5-4-10)

A.

No permit shall be granted until the director of public works verifies compliance with the provisions of Section 15.36.160 of this chapter.

B.

The permit shall be limited to the grading work shown on the grading plans as approved by the director of public works. In granting a permit, the director of public works may impose any condition deemed necessary to protect the health, safety and welfare of the public, to prevent the creation of a nuisance or hazard to public or private property, and to assure proper completion of the grading, including but not limited to:

1.

Mitigation of adverse environmental impacts;

2.

Improvement of any existing grading to comply with the standards of this chapter;

3.

Requirements for fencing or other protection of grading that would otherwise be hazardous;

4.

Requirements for dust, pollution prevention, and noise control, hours of operation and season of work, weather conditions, sequence of work, access roadways, and haul routes;

5.

Requirements for safeguarding watercourses and flood control facilities from excessive deposition of sediment or debris in quantities exceeding natural levels, and from illicit discharges, including those protective measures specified by the pollution prevention plan;

6.

Assurance that the land area in which grading is proposed and for which habitable structures are proposed is not subject to hazards of land slippage or significant settlement or erosion and that the hazards of seismic activity or flooding can be eliminated or adequately reduced.

7.

Assurance that the proposed grading work will not damage adjacent properties, including any adjacent public rights-of-way or district property, or obstruct access thereto.

8.

Assurance that the proposed grading will be compatible with all other approved developments on the property, including the construction of landscaped-based stormwater treatment and detention facilities, onsite stormdrain systems, on-site wastewater disposal fields, etc.

(Prior gen. code § 7-112.3)

(Ord. No. 2010-19, § 1, 5-4-10)

A.

No permit shall relieve the permittee of responsibility for securing other permits or approvals required for work which is regulated by any other department or agency of the county, or other public agency, or for obtaining any easements or authorization for grading on property not owned by the permittee.

B.

The director of public works shall be responsible for verifying that any applicant requesting a grading permit that would result in the disturbance of one or more acres of land has filed a notice of intent with the state under the provisions of the state construction general permit.

(Prior gen. code § 7-112.4)

(Ord. No. 2010-19, § 1, 5-4-10)

Whenever the location of a property line or easement or the title thereto is disputed during the application process or during a grading operation, a survey by a licensed land surveyor or resolution of title all at the expense of the applicant may be required by the director of public works.

(Prior gen. code § 7-112.5)

(Ord. No. 2010-19, § 1, 5-4-10)

A.

The permittee shall perform and complete all the work required by the permit within the time limit specified in the permit. If the work cannot be completed within the specified time, a request for an extension of time, setting forth the reasons for the requested extension, shall be presented in writing to the director of public works no later than thirty (30) days prior to the expiration of the permit. The director of public works may grant additional time for the work by amending the permit to extend the expiration date.

B.

If all the permit work required is not completed within the time limit specified in subsection A of this section, no further grading shall be done without renewing the permit. A written request for renewal shall be submitted to the director of public works who may require a new application and fees depending on the time between the expiration date and the renewal request, revisions in county regulations, or changed circumstances in the immediate area. Any revised plan shall be submitted to the director of public works for review, and any costs thereof shall be at the applicant's expense.

C.

In the event that a request for extension as described in subsection A of this section or a request for renewal as described in subsection B of this section may result in the performance of grading work in the rainy season where such rainy season work was not previously authorized, the director of public works shall have the authority to require the submittal of detailed erosion and sedimentation control plans as a prerequisite to any such extension or renewal.

(Prior gen. code § 7-112.6)

(Ord. No. 2010-19, § 1, 5-4-10)

The issuance of a permit or approval of plans and specifications shall not be construed as an approval of any violation of the provisions of this chapter or of any other applicable laws, ordinances, rules or regulations; and shall not prevent the director of public works from thereafter requiring the correction of errors in said plans and specifications or from preventing work being carried on thereunder in violation of this chapter, or any other applicable law, ordinance, rule or regulation.

(Prior gen. code § 7-112.7)

Any person aggrieved by the decisions described in Section 15.36.300 or Section 15.36.760 of this chapter, or other decision made pursuant to this chapter except for the levying of administrative fines, may appeal that decision within ten (10) working days following the effective date of that decision, by requesting a review in a written letter addressed to the Director of Public Works at 399 Elmhurst St., Hayward, CA 94544. Upon the receipt of such a request, the director shall request a staff report and recommendations and shall schedule a hearing on the matter at the earliest practical date. At that hearing, the director may hear additional evidence, and may reject, affirm, or modify the earlier decision. The decision of the director at the hearing may be appealed to the board of supervisors by submitting a written statement, setting forth the grounds for the appeal of the director's decision, addressed to Clerk of the Board of Supervisors at 1221 Oak St., Ste. 536, Oakland, CA 94612. Such appeal to the board must be received by the clerk of the board within ten (10) working days of the date of the final agency decision by the director. The director of public works may designate a public works employee to conduct the hearing. Upon receipt of the appeal, the board shall take one of the following actions:

A.

Affirm the action of the director without further hearing or review;

B.

Refer the matter back to the director for further review, with or without instructions; or

C.

Set the matter for a public hearing before the board, in which case the board shall set a time and place for the said hearing and shall provide notice to the person filing the appeal at least five days prior to the date set for the hearing.

In the event of an appeal to the board, the board shall render its decision without consideration of any argument or evidence of any kind other than the record provided by the director, unless the board is itself conducting a public hearing on the matter. The decision of the board shall be final.

(Prior gen. code § 7-112.8)

(Ord. No. 2010-19, § 1, 5-4-10)