Aliso Viejo Municipal Code Art. V Grading Permit Requirements

Except as exempt in AVMC 13.08.060, no person shall conduct any grading or clearing, brushing, or grubbing on natural grade or existing grade that is preparatory to grading, without first obtaining a grading permit from the building official. A separate permit shall be required for each site and may cover both excavations and fills. [Ord. 2010-126 § 1 (Exh. A); Ord. 2003-044 § 2 (7-1-815)].

A. To obtain a grading permit, the applicant must first file an application in writing on a form furnished by the building official.

The grading permit application shall be accompanied by information required by the building official and as specified in Subarticle 5 of the grading manual. Each application for a grading permit for a construction site required to be covered under the state general construction stormwater permit (“GCSP”) shall include proof of the filing of a notice of intent with the State Water Resources Control Board.

B. Applications for which no grading permit is issued within 180 days following the date of application shall expire by limitation and plans submitted for checking may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action for an application after expiration, the applicant shall resubmit plans and pay a new plan check fee. [Ord. 2010-126 § 1 (Exh. A); Ord. 2003-044 § 2 (7-1-816)].

A. Each application for a grading permit shall be accompanied by plans and specifications, and supporting data consisting of soil engineering and engineering geology reports when required by the building official, as specified in AVMC 13.08.170, Soil engineering and engineering geology reports.

B. Plans and specifications for earthwork projects of 5,000 cubic yards or more, and/or subdivisions and hillside commercial, industrial and multi-residential projects shall be prepared and signed by the building official. This requirement may be extended to any project when, in the opinion of the building official, critical drainage or geologic factors may be involved and there is need for civil engineering design and control. [Ord. 2010-126 § 1 (Exh. A); Ord. 2003-044 § 2 (7-1-817)].

Grading plans and specifications shall be prepared in accordance with the grading requirements of AVMC 13.08.370(A) (grading requirements), and Subarticle 5 of the grading manual. [Ord. 2010-126 § 1 (Exh. A); Ord. 2003-044 § 2 (7-1-818)].

A soil engineering and engineering geology report shall be required for grading projects, unless otherwise waived by the building official. The reports shall include information appropriate for the site including any information required by the building official. Recommendations included in the reports and approved by the building official shall be incorporated in the grading plans or specifications. [Ord. 2010-126 § 1 (Exh. A); Ord. 2003-044 § 2 (7-1-819)].

A. Every permit issued shall be valid for a period of two years from the date of issuance.

B. Every permit issued shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days.

C. The time limitations and provisions of Section 303, Permits issuance, of the Uniform Building Code as amended are applicable to grading permits, except as stated in subsections (C)(1) and (2) of this section:

1. A permit issued hereunder shall expire upon a change of ownership if the grading work thereon, for which said permit was issued, has not been completed, and a new permit shall be required for the completion of the work. If the time limitations of subsections (A) and (B) of this section are not applicable and if no changes have been made to the plans and specifications last submitted to the building official, no charge shall be made for the issuance of the new permit under such circumstances. If, however, changes have been made to the plans and specifications last submitted to the building official, fees based on the valuation of the additional work, additional yardage and necessary plan checking as provided for in Subarticle 6 of the grading manual shall be charged to the permit applicant.

2. The building official may extend the 180-day expiration time limit on permits not to exceed two successive periods of 180 days each upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken.

D. The building official may require that grading operations and project designs be modified if delays occur which incur weather-related problems not considered at the time the permit was issued, and further subject to the provisions of AVMC 13.08.190, Denial of permit.

E. If the permittee presents satisfactory reasons for failing to continue or begin the work within the period specified in subsection (B) of this section, the building official, upon receiving a written request, may grant an extension of time as specified in subsection (C)(2) of this section without additional fees; provided, that:

1. No changes have been made in the original plans and specifications for such work.

2. Suspension or abandonment has not exceeded one year.

3. A re-endorsement of the compliance of the plans with the applicable regulations by the city shall be obtained.

Such request for extensions must be submitted no later than the sixtieth day following the date on which said permit would otherwise expire. If the permittee fails to request an extension within the time provided, the building official may renew the grading permit for a fee of one-half the amount required for the original permit provided no changes have been made in the original plans and specifications for such work.

F. If the permittee is unable to complete the work by the end of a two-year period, the building official may renew the grading permit on an annual basis for a fee of one-half the amount required for the original permit for such work, provided no changes have been made in the original plans and specifications for such work. [Ord. 2010-126 § 1 (Exh. A); Ord. 2003-044 § 2 (7-1-820)].

A. The building official shall not issue a grading permit in any case where the building official finds that the work as proposed by the applicant is liable to constitute a hazard to property or result in the deposition of debris on any public way or interfere with any existing drainage course. If it can be shown to the satisfaction of the building official that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, drainage devices or by other means, the building official may issue the grading permit with the condition that such work be performed.

B. If, in the opinion of the building official, the land area for which grading is proposed is subject to geological or flood hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property, the grading permit and the building permits for habitable structures shall be denied.

C. The building official may require plans and specifications to be modified in order to mitigate anticipated adverse environmental effects of proposed grading projects. The building official may, under circumstances where the significant adverse environmental effects of a proposed grading project cannot be mitigated, deny the issuance of a grading permit.

D. The building official may require plans and specifications to be modified in order to make them consistent with the city of Aliso Viejo general plan, specific plans, zoning code, water quality requirements or other rules, regulations, or conditions applicable to the project. The building official may deny the grading permit if the proposed project cannot be designed in accordance with these rules, regulations or conditions. [Ord. 2010-126 § 1 (Exh. A); Ord. 2003-044 § 2 (7-1-821)].

Grading and equipment operations within one-half mile of a structure for human occupancy shall not be conducted between the hours of 8:00 p.m. and 7:00 a.m. nor on Sundays and federal holidays. The building official may, however, permit grading or equipment operations during specific hours after 8:00 p.m. or before 7:00 a.m. or on Sundays and federal holidays if he determines that such operations are not detrimental to the health, safety, or welfare of the inhabitants of such a structure. Permitted hours of operation may be shortened by the building official’s finding of a previously unforeseen effect on the health, safety, or welfare of the surrounding community. However, no permit that has been issued, nor any provision of this section shall be construed to be a waiver of the applicability of the provisions set forth in this code or city ordinance related to noise control, including Chapter 8.12 AVMC. [Ord. 2010-126 § 1 (Exh. A); Ord. 2003-044 § 2 (7-1-822)].

A. It shall be the responsibility of the permittee to be knowledgeable of the conditions and/or restrictions of the grading permit as outlined in applicable sections of this chapter, the grading manual, and as contained on the approved grading plans and in the approved soil and geology reports. The permittee shall also be responsible to maintain in an obvious and accessible location on the site, a copy of the grading plans bearing the stamp of approval by the building official.

B. All grading permits, waivers or exemptions issued hereunder shall be deemed to include the provisions that the permittee, the permittee’s agents, contractors and employees shall carry out the proposed work in accordance with the approved plans and specifications, where such approval is required, and in accordance with any applicable water quality requirements prepared and maintained pursuant to federal or state requirements or a city directive, and in compliance with all requirements of the permit and this chapter. Failure to carry out the work in accordance with approved plans and specifications, the applicable water quality requirements, and in compliance with all requirements of the permit and this chapter shall be a violation of this chapter. [Ord. 2010-126 § 1 (Exh. A); Ord. 2003-044 § 2 (7-1-823)].

Each adjacent owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement as provided by law. California Civil Code Section 832 is contained in Appendix G of the grading manual. [Ord. 2010-126 § 1 (Exh. A); Ord. 2003-044 § 2 (7-1-824)].

Where an excess of 5,000 cubic yards of earth per project site is moved on public roadways from or to the site of an earth grading operation, all of the following requirements shall apply:

A. Either water or dust palliative or both must be applied for the alleviation or prevention of excessive dust resulting from the loading or transportation of earth from or to the project site on public roadways. The permittee shall be responsible for maintaining public rights-of-way used for handling purposes in a condition free of dust, earth, or debris attributed to the grading operation.

B. Loading and transportation of earth from or to the site must be accomplished within the limitations established in AVMC 13.08.200.

C. Access roads to the premises shall be only at points designated on the approved grading plan. A method of containing dirt and debris on site must be installed on each access road at a point prior to the limits of the public road.

D. The last 50 feet of the access road, as it approaches the intersection with the public roadway, shall have a grade not to exceed three percent. There must be 300 feet clear, unobstructed site distance to the intersection from both the public roadway and the access road. If the 300 feet sight distance cannot be obtained, flagman shall be posted.

E. A stop sign conforming to the requirements of the California Vehicle Code shall be posted at the entrance of the access road to the public roadway.

F. An advance warning sign must be posted on the public roadway 400 feet on either side of the access intersection, carrying the words “truck crossing.” The sign shall be diamond shape, each side being 30 inches in length, shall have a yellow background, and the letters thereon shall be five inches in height. The sign shall be placed six feet from the edge of the pavement and the base of the sign shall be five feet above the pavement level. The advance warning sign shall be covered or removed when the access intersection is not in use. [Ord. 2010-126 § 1 (Exh. A); Ord. 2003-044 § 2 (7-1-825)].