Aliso Viejo Municipal Code Art. III Permits Required

No person shall conduct any grading, clearing, brushing, or grubbing on natural or existing grade that is preparatory to grading, without first having obtained a grading permit from the building official. Exceptions to this requirement are as follows or as otherwise determined by the building official:

A. An excavation below finished grade for basements and footings of a building, mobilehome, retaining wall, or other structure authorized by a valid building permit or construction permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structure. This shall not prohibit a minimum-fee grading permit or soil or geologic report from being required for foundation design and inspection purposes when, in the opinion of the building official, stability or flooding considerations warrant such inspection.

B. Cemetery graves.

C. Refuse disposal sites controlled by other regulations.

D. Earthwork construction regulated by the federal, state, county, or city governments, or by any local agency as defined by California Government Code Sections 53090 through 53095 (special districts). Pipeline or conduit excavation and backfill conducted by local agencies or public utilities. Earthwork construction performed by railway companies on their operating property. This exemption, however, shall apply only when the earthwork construction takes place on the property, or dedicated rights-of-way or easements of the above agencies.

E. Excavation and backfill for installation of underground utilities by public utilities or companies operating under the authority of a franchise or public property encroachment permit.

F. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressures upon any adjacent or contiguous property.

G. Exploratory excavations under the direction of soil engineers or engineering geologists, provided all excavations are properly backfilled. All such excavations and trenches are subject to the applicable sections of Title 8 of the State Orders, Division of Industrial Safety.

H. An excavation which does not exceed 50 cubic yards on any one site and which (1) is less than two feet in vertical depth, or (2) which does not create a cut slope greater than five feet in vertical height and steeper than one and one-half horizontal to one vertical.

I. A fill less than one foot in depth placed on natural grade with a slope flatter than five horizontal to one vertical, which does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course.

J. A fill less than three feet in depth, not intended to support structures or mobilehomes, which does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course. [Ord. 2010-126 § 1 (Exh. A); Ord. 2003-044 § 2 (7-1-805)].

No person shall alter an existing watercourse, channel, or revetment by excavating, or placing fill, rock protection or structural improvements without a valid grading permit unless waived by the building official or performed as interim protection under emergency flood-fighting conditions. [Ord. 2010-126 § 1 (Exh. A); Ord. 2003-044 § 2 (7-1-807)].

No person shall possess, store, sell, transport or use explosives and blasting agents to do any excavation without a permit from the fire authority. [Ord. 2010-126 § 1 (Exh. A); Ord. 2003-044 § 2 (7-1-808)].

A. Either a preliminary grading permit or a precise grading permit may be issued for grading work upon completion of an application in accordance with Subarticle 5 of the grading manual and approval by the building official. The preliminary or precise grading permit is the option of the permittee; provided, that the plans satisfy the requirements of Subarticle 5 of the grading manual.

B. Building permits may be issued for a site grading under a valid precise grading permit upon completion and approval of rough grade inspection as specified in AVMC 13.08.400(E) (site inspection by the building official).

C. Building permits shall not be issued for a site graded under a preliminary grading permit until a new precise grading permit has been issued and the provisions of subsection (B) of this section have been satisfied. [Ord. 2010-126 § 1 (Exh. A); Ord. 2003-044 § 2 (7-1-809)].