Calabasas Municipal Code Ch. 15.10 Grading Permit Requirements and Procedures

This chapter and Chapter 15.11 are and may be cited as the city of Calabasas grading ordinance. These provisions are enacted for the purpose of regulating grading within the city, and establish standards for grading, including filling and excavation activities, to:

A. Minimize hazards to life and property;

B. Protect against soil erosion, and the pollution of watercourses with nutrients, sediments, or other earthen materials generated on or caused by surface runoff on or across an area of approved grading;

C. Protect the safety, use and stability of public rights-of-way and drainage channels;

D. Protect fish and wildlife habitats, and promote the retention and restoration of riparian vegetation;

E. Protect the scenic character and value of the city; and

F. Ensure that the intended use of a graded site is consistent with the General Plan and any applicable specific plan.

(Ord. No. 2010-268, § 1, 1-27-2010)

A. Compliance Required. The provisions of this chapter and Chapter 15.11 apply to all excavation, fill, or other grading activities occurring within the city. The grading standards in Chapter 15.11 apply to all grading activities regardless of whether a permit is required by Section 15.10.030. It is unlawful and a violation of this grading ordinance for any person to:

1. Cause, conduct, allow or furnish equipment or any labor for any grading activities without first obtaining any land use permit required by Chapter 17.02, a grading permit when required by Section 15.10.030 and complying with all applicable grading standards of Chapter 15.10; or

2. Violate or fail to comply with any term or condition of the approval of any grading permit issued in compliance with this chapter.

B. Prior Project Approval Required. No grading permit shall be issued and no grading shall occur unless a project has been first authorized on the site through site plan review (Section 17.62.020), development plan approval (Section 17.62.070), administrative plan review (Section 17.62.090), or tentative map approval (Chapter 17.41).

C. Liability. Nothing in this chapter, or the issuance of a grading permit, compliance with the provisions of this chapter or with any permit conditions shall relieve any person from responsibility for damage to other persons or property, nor impose any liability upon the city, its officers, agents or employees, for damage to other persons or property.

D. Hazards. Whenever the city engineer determines that any excavation, embankment or fill on private property constitutes a hazard to public safety, endangers property, or adversely affects the safety, use or stability of adjacent property, an overhead or underground utility, or a public way, watercourse or drainage channel, or could adversely affect the water quality or any water bodies or watercourses, the owner or other person in control of the subject property shall be contacted and advised of the problem. Upon receipt of written notice from the city engineer, the property owner shall repair or eliminate the excavation, embankment or fill so as to eliminate the hazard and conform with the requirements of this chapter and Chapter 15.11. Any grading performed in violation of this section shall be deemed a nuisance, and full abatement and restoration may be required and an assessment of cost may be levied in compliance with Section 15.10.100.

(Ord. No. 2010-268, § 1, 1-27-2010)

A. Permit Required. A grading permit shall be required for any of the following grading activities, except where exempted from permit requirements by subsection (C) of this section:

1. Any excavation or fill;

2. Dredging activities involving wetlands or riparian areas;

3. Earthwork, paving, surfacing or other construction that alters any natural or other existing drainage pattern, including but not limited to any change in the direction, velocity or volume of flow;

4. Grading within any scenic corridor identified by the General Plan; or

5. Any other grading activity that causes quantities of dirt, soil, rock, debris or other material substantially in excess of natural levels to be washed, eroded or otherwise moved from the site, except in compliance with a grading permit.

A separate grading permit shall be obtained for each site, and may cover both excavations and fills.

B. Grading Designation. Grading in excess of one thousand (1,000) cubic yards shall be performed in compliance with an approved grading plan prepared by a California registered civil engineer, and shall be designated "engineered grading." Grading involving less than one thousand (1,000) cubic yards shall be designated "precise grading" unless the grading is located on a hillside or on property not previously graded or the permittee chooses to have the grading performed as rough grading, or the city engineer determines that special conditions or unusual hazards exist, in which case grading shall conform to the requirements for rough grading.

Excavations affecting or disturbing areas of less than ten thousand (10,000) square feet, parcel, under the direction of soil engineers or engineering geologists, and less than fifty (50) cubic yards, shall be designated exploratory excavations and shall be subject to Section 15.10.035.

C. Exemptions from Permit Requirements. The following grading activities are exempt from the provisions of this section and may be conducted without first obtaining a grading permit; provided that all grading shall still be subject to the grading standards of Chapter 15.11, and no exempt grading shall occur until the property owner has obtained written certification of the exemption from the department.

1. Basements and Footings. Where authorized by a valid building permit, excavations below existing or finish grade for basements, and footings of a building, retaining walls or other structures; provided that this shall not exempt any fill using material from the excavation, nor exempt any excavation where the natural slope of the site exceeds twenty (20) percent, or any excavation with an unsupported height greater than five feet after the completion of the structure.

2. Cemeteries. Routine excavations and fills for graves.

3. Conservation Projects. Grading that is a soil or water conservation project regulated by the U.S. Department of Agriculture, Soil Conservation Service, or the California Department of Water Resources.

4. Cultivation. Agricultural cultivation activities where allowed by Article II of Title 17 including preparation of land for cultivation, other than grading for roadwork or pads for structures, and not including any tree removal, where the cultivation activities do not create an excavation greater than two feet in depth, or more than one foot of fill.

5. Minor Excavations. See Figure 15.10.030.01, An excavation less than two feet in total depth; or that does not create a cut slope greater than five feet in height and steeper than two horizontal to one vertical and is:

a. Not proposed where the natural slope of the site exceeds twenty (20) percent;

b. Less than fifty (50) cubic yards; and

c. Not less than one hundred (100) feet from any drainage course.

6. Minor Fills. See Figure 15.10.030.01, A fill less than one foot in total depth and placed on natural terrain with a slope flatter than five horizontal to one vertical, or less than three feet in depth, not intended to support structures, which does not exceed fifty (50) cubic yards, and is not less than one hundred (100) feet from any drainage course.

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7. Road Maintenance. The grading or resurfacing of an existing approved road for maintenance purposes, where neither the width nor length of the road, nor the height of cuts or the depth of fills is increased.

8. Subdivision Improvements. Excavations or fills for subdivision map or public projects conducted, or approved and inspected by the city engineer.

9. Wells, Pipelines and Utilities. Excavations for wells and tunnels; routine pipeline maintenance practices disturbing areas less than one thousand (1,000) square feet; or installation, testing, placement in service, or the replacement of any necessary utility connection between an existing facility and an individual customer or approved development, for utilities regulated by the Public Utilities Commission, including electrical, water, sewage disposal or natural gas lines, on a single site or within a public right-of-way.

Exemption from the permit requirements shall not be deemed to grant authorization for any work to be done in violation of this code or any other laws or ordinances of this jurisdiction.

D. Other Permits may be Required. Nothing in this chapter shall eliminate the need for development activities involving grading to also obtain an oak tree permit (Chapter 17.32 of Title 17), and/or any other land use or construction permits, subdivision approvals, or permits or authorizations required by the Municipal Code, other provisions of Title 17 or required by state or federal agencies.

E. Issuance of Other City Permits. All city departments, officials and employees that are vested with the duty or responsibility to issue permits or licenses shall conform to the provisions of this chapter and shall issue no permit or license for uses, structures or purposes where they would be in conflict with the provisions of this chapter, or for a site where a violation of this chapter exists.

(Ord. No. 2010-268, § 1, 1-27-2010)

A. Permit Required. A permit shall be required for geologic/geotechnical exploratory excavations, as described below, including access road or pads created for exploratory excavation.

Exploratory excavation conducted in conjunction with the preparation of soils or other geotechnical reports that affect or disturb areas of less than ten thousand (10,000) square feet on a single parcel, under the direction of soil engineers or engineering geologists, and less than fifty (50) cubic yards, on a single parcel shall receive a permit prior to commencement of exploration. A geologic/geotechnical exploratory excavation permit application form shall be filed with the department, together with all fees, maps, and other information as required by the permit form and this section for review. The maps and required information shall include but not be limited to the following:

1. A completed geologic/geotechnical exploratory excavation permit application;

2. A written description describing the type of work to be done, which shall include, but not be limited to, the dates for the work, any vehicles and equipment to be used, how the excavations are to be completed (hand tools or machinery), the amount, if any, proposed grading of access roads.

3. A topographic map in a drawing size sufficient in scale to clearly show the proposed exploratory site(s). The map shall include locations of all trees being impacted by this work, access routes and paths of travel for vehicles and equipment, and any other impacted areas.

4. A restoration plan that provides detailed information on how the impacted areas will be restored to their pre-excavation state. Exploratory excavations must be restored to existing conditions, unless otherwise approved by the city engineer.

5. A local storm water pollution prevention plan/wet weather erosion control plan (SWPPP/WWECP) or, when required a storm water mitigation plan (SWMP) pursuant to Title 8 of the Municipal Code.

6. Any special reports (e.g., compaction, geotechnical, etc.) required by the city engineer.

7. Any required filing fees.

8. An oak tree permit for any work located within the protected zone of an oak tree.

B. Permit Issuance. The department shall issue the permit upon approval by the community development director and the city engineer. All exploratory work shall be performed in compliance with this section, all applicable building code requirements, and any applicable policies and procedures (including any department manuals regarding the preparation of geologic and geotechnical reports). Exploratory excavations must be restored to existing conditions, unless otherwise approved by the city engineer.

(Ord. No. 2010-268, § 1, 1-27-2010)

A. Preparation and Filing. Grading permit applications shall be filed with the department on a city application form, together with all fees, plans, maps, reports and other information prepared as required by the grading permit application, the department's adopted policies and procedures. The plans and reports submitted with the application shall include, but not be limited to, the following, where required by the city engineer:

1. A grading plan;

2. A drainage plan with hydrology calculations;

3. A geotechnical and geologic investigation report shall be submitted prior to or concurrent with items listed in this subsection. The geotechnical report shall address the potential for liquefaction to occur at the site (including lateral spread and seismically-induced settlement) and identify whether the site is located within a Liquefaction Hazard Zone. The report shall be based upon the Seismic Hazards Maps published by the CDMG, the expert's experience in Calabasas, or that of others, or review of geotechnical studies on adjacent sites. Proposed new development that qualifies as a "project" under CEQA must perform a comprehensive liquefaction evaluation in conformance with CDMG Special Publication 117 and the SCEC "Guidelines for Analyzing and Mitigating Liquefaction in California" (Southern California Earthquake Center, March 1999);

4. A local storm water pollution prevention plan/wet weather erosion control plan pursuant to Title 8 of the Municipal Code;

5. A segmented gravity retaining wall plan identifying location of reinforced material and calculations, if applicable;

6. Any supplemental reports (e.g., compaction, geotechnical, etc.) required by the city engineer;

7. A biological survey for grading proposed within fifty (50) feet of a parcel designated Open Space-Development Restricted (OS-DR) or that has a conservation easement;

8. Engineer's cost estimate;

9. Title report, prepared within six months of grading permit application, accompanied by a copy of all instruments as recorded against the property.

B. Ministerial Projects. Projects with less than one thousand five hundred (1,500) cubic yards of earth moving on slopes of less than ten (10) percent shall be issued permits on a ministerial basis. All other permit applications shall be issued on a discretionary basis.

C. Environmental Review and Class 4 Categorical Exemptions. All grading permit applications shall be subject to environmental review to the extent required by the California Environmental Quality Act, and any applicable city of Calabasas Environmental Quality Act Local Implementation Guidelines. Grading permits shall not be considered exempt pursuant to 14 CCR § 15304 (relating to certain grading on slopes of less than ten (10) percent) if grading will occur within one hundred (100) feet of a watercourse, wetland or environmentally sensitive habitat, or is not visible from Highway 101 or any scenic corridor.

D. Referral to Other Agencies. Before approval of a grading permit application in compliance with Section 15.10.050, the city engineer may refer an application to other interested public agencies for their comments and recommendations.

E. Change in Ownership. If there is a change in ownership of a site prior to final grading approval, the new owner shall obtain a grading permit issued in the name of the new owner. Fees shall be assessed incompliance with Section 15.10.050 E.

(Ord. No. 2010-268, § 1, 1-27-2010)

The approval of a grading permit application and issuance of a grading permit by the city engineer shall occur as follows:

A. Criteria for Approval. The city engineer shall approve a grading permit application and issue a permit only when the following requirements are first satisfied:

1. Ministerial Projects. Ministerial grading projects as described in Section 15.10.040(B) shall be approved when the city engineer determines that proposed grading will comply with the following:

a. The proposed grading shall comply with i) all applicable provisions of Chapters 15.10 and 15.11, ii) the department's adopted policies and procedures and iii) all other applicable provisions of the Municipal Code including, but not limited to, the oak tree permit requirements of Chapter 17.32 of Title 17;

b. The project for which the grading is intended shall first be authorized by site plan review (Section 17.62.020), administrative plan review (Section 17.62.090) or development plan approval (Section 17.62.070), in compliance with Title 17; and

c. Any permits required by state or federal agencies for the proposed grading have been obtained (including but not limited to streambed alteration permits from the California Department of Fish and Game and Section 404 permits for grading within wetlands and certain watercourses from the U.S. Army Corps of Engineers), or are required by conditions of approval to be obtained before grading work is started.

2. Discretionary Projects. Grading projects that are not ministerial or categorically exempt as provided by Section 15.10.040(B) may be approved only when the city engineer first makes the following findings, in addition to determining that the proposed grading will satisfy the requirements of subsection (A)(1) of this section:

a. The proposed grading conforms with all applicable provisions of the General Plan, any applicable specific plan, the grading ordinance and the department's adopted policies and procedures;

b. The extent and nature of proposed grading is appropriate to the use proposed, and will not create site disturbance to an extent greater than that required for the use;

c. Proposed grading will not result in erosion, stream sediment or other adverse off-site effects or hazards to life or property; and

d. The proposed grading will not create substantial adverse long-term visual effects visible from off-site.

B. Permit Conditions. In granting a grading permit for a discretionary grading project, the city engineer may impose any condition determined to be necessary to protect public health, safety and welfare, to prevent the creation of hazards to property, and to ensure proper completion of grading. These conditions may include, but shall not be limited to requirements for:

1. Bringing proposed grading into conformity with the provisions of the grading ordinance and the department's adopted policies and procedures, relate including but not limited to the findings required by subsection (A) of this section;

2. Mitigation of adverse environmental impacts identified through the environmental review process;

3. Improvement of any existing grading on the site to comply with the standards of this chapter;

4. Fencing or other protection of grading that would otherwise be hazardous;

5. The control of dust, erosion, sediment, noise, hours of operation and season of work, weather conditions, sequence of work, access roads and haul routes;

6. Safeguarding both natural and constructed watercourses from excessive deposition of sediment or debris in quantities exceeding natural levels, and from the removal of riparian vegetation or the destruction of animal habitats or other sensitive environmental features;

7. Safeguarding any areas reserved for on-site sewage disposal;

8. Assurance that any area of proposed grading where habitable structures are proposed is not subject to hazards of landslide, significant settlement or erosion, and that the hazards of flooding can be eliminated or adequately reduced;

9. Safeguarding existing water wells;

10. Limitations on the commencement of grading until any permits required by state or federal agencies are first obtained and copies are submitted to the city engineer;

11. Fencing or other appropriate method for preserving the protected zone of an oak tree in compliance with Chapter 17.32 of Title 17; or

12. The stockpiling and re-use of topsoil.

C. Effect of Permit and Approved Plans.

1. Compliance with Plans Required. All work shall be done in compliance with the approved plans. The grading plans and specifications approved by the issuance of a grading permit shall not be changed without the written approval of the city engineer.

2. Modifications. Proposed modifications shall be submitted to the city engineer in writing, together with all necessary soils and geotechnical information and design details. A proposed modification shall be approved only if the city engineer first determines that the modification is in compliance with all applicable subdivision and/or land use permit requirements.

D. Distribution and Use of Approved Plans. Two sets of approved plans and specifications shall be retained by the city engineer and one or more sets of approved and dated plans and specifications shall be provided to the applicant or their engineer. One set of approved plans and the permit shall be retained on the site at all times during the work.

E. Grading Fees. Fees shall be assessed in accordance with the provisions of this section. The amount of the fees shall be as specified in the most current adopted fee schedule.

1. Plan Review Fees. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submittal of plans and specifications for review. Separate plan review fees shall apply to segmented gravity retaining wall or major drainage structures as required elsewhere in this code.

2. Grading Permit Fees. A fee for each grading permit shall be paid to the city engineer at or prior to the time of issuance of the permit. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. For excavation and fill on the same site, the fee shall be based on the volume of excavation or fill, whichever is greater.

3. Site Inspection Fee. When the city engineer finds that a visual inspection of the site is necessary to establish drainage requirements for the protection of property, existing buildings or the proposed construction, a site inspection shall be made during plan check of grading plans. A fee for such inspection shall be paid to the city engineer at the time of issuance of a grading permit. Additional fees may be requested if additional inspections are necessary.

(Ord. No. 2010-268, § 1, 1-27-2010)

A. Grading Permit Time Limits. Approved grading shall be completed in compliance with an issued grading permit within one hundred eighty (180) days from the effective date of the permit, or the permit shall expire, unless an extension has been granted in compliance with subsection (B) of this section.

If a permit is not secured within twelve (12) months after plans have been filed for plan checking, the city shall grant a single extension of one hundred eighty (180) days upon written request submitted by the applicant and payment of sufficient deposit to complete additional reviews, if the request and payment are received by the city prior to the expiration of the one-year period reviews. If the permit has expired and the period has exceeded one year, the applicant may reapply and pay for a new grading permit review and fees.

B. Extension of Grading Permit. Any permittee holding an unexpired grading permit may apply for an extension of the time within which grading operations are to be begun or completed. The city engineer may extend the expiration date of the permit for a period not exceeding one hundred eighty (180) days, where the permittee has requested the extension in writing and has shown that circumstances beyond the control of the permittee have prevented grading from being started or completed, and any applicable land use permit has not expired.

(Ord. No. 2010-268, § 1, 1-27-2010)

A. Improvement Security. Prior to issuance of a grading permit, the applicant shall provide improvement security to ensure proper completion of grading in compliance with the permit, in the event of default on the part of the permittee. The amount of security shall be determined by the city engineer and based on the number of cubic yards of material in excavation or fill, whichever is greater, plus the number of cubic yards of material in over-excavation plus the cost of all drainage or other protective devices or work necessary to eliminate geotechnical hazards.

B. Performance Security Guarantees. A permit applicant may be required by conditions of approval or by action of the city engineer to provide adequate security to guarantee the faithful performance and proper completion of any approved work, and/or compliance with conditions of approval imposed by the review authority.

C. Maintenance Security. In addition to any improvement security required to guarantee proper completion of work, the city engineer may require security for maintenance of the work, in an amount determined by the city engineer to be sufficient to ensure the proper maintenance and functioning of improvements.

D. Any security required by subparts A, B, or C of this section shall comply with the following requirements:

1. Form and Amount of Security. All required security shall be in the form of a cashier's check or certified check deposited with the city's finance department. Where approved by the director, a letter of credit may be used, with the city named as beneficiary, where the security pledges that funds necessary to meet these requirements are on deposit and guaranteed for payment to the city when required by the city. Unless otherwise provided, the amount and form of security shall be as determined by the city engineer.

2. Duration of Security. Unless otherwise specified in the permit, required improvement security shall remain in effect until final inspections have been made and all work has been accepted by the city engineer. Unless otherwise specified in the permit, maintenance security shall remain in effect for one year after the date of final inspection.

3. Release or Forfeit of Security. Upon satisfactory completion of work and the approval of a final inspection (or after the end of the required time for maintenance security), the improvement, performance, and/or maintenance security shall be released. However, upon (i) failure to complete the work, (ii) failure to comply with all of the terms of any applicable permit, or (iii) failure of the completed improvements to function properly, the city may do the required work or cause it to be done, and collect from the permittee or surety all the costs incurred by the city, including the costs of the work, and all administrative and inspection costs. Any unused portion of the deposit shall be refunded to the permittee after deduction of the cost of the work by the city.

(Ord. No. 2010-268, § 1, 1-27-2010)

All grading operations for which a permit is required shall be subject to inspection as required by the city engineer to ensure compliance with the approved plans and any permit conditions.

A. Preconstruction Consultation. A preconstruction consultation meeting between the permittee and designated city staff to review the construction schedule and procedures before the commencement of work shall be required unless, the city engineer determines that the type or scale or grading operations does not necessitate this coordination.

B. Site Access. The permittee shall provide adequate access to the site for inspection by inspectors designated by the city engineer during the performance of all work and for a minimum of one year after final inspection.

C. Special Inspections and Certifications. The city engineer may require any special inspections or certifications deemed necessary to ensure proper completion of grading work, and/or to mitigate or avoid environmental impacts, or to avoid hazards to property or the public.

1. Type of Inspections and Certifications. Special inspections and certifications may include, but shall not be limited to requiring: the permittee to provide a private geotechnical engineer and/or other consultants approved by the city engineer to perform continuous inspection of work in progress and to certify the proper completion of work; inspection and testing by an approved testing agency; and/or the submittal of periodic progress reports.

2. Notification of Noncompliance. Where the use of special inspectors, engineers or consultants is required, these personnel shall immediately report in writing to the city engineer and permittee any instance of work not being done in compliance with the grading ordinance and the department's adopted policies and procedures, other applicable codes, or the approved grading plans, and shall also provide recommendations for corrective measures, if determined by the inspector to be necessary.

3. Transfer of Responsibility for Approval. If the required special inspectors, engineers or consultants are changed during the course of work, the work shall be stopped until the replacement has notified the city engineer of their agreement to accept the responsibility within the area of their technical competence for approval upon completion of the work.

D. Inclement Weather. The city engineer may require that grading operations and project designs be modified if delays occur that result in weather-generated problems not considered at the time the permit was issued.

E. Field Changes. After the commencement of grading operations, no change to the extent, volume or type of proposed grading shall occur without the prior approval of the city engineer, or the planning commission or city council in the case of a project which received land use permit approval from the planning commission or city council. In the event a permittee wishes to change the volume (cubic yards), cut or fill height of grading in the approved permit by five percent or more, work shall stop, and an amendment to the approved permit shall be filed and approved before work is resumed.

F. Stop Work Orders. The city engineer may order that any grading operations performed contrary to the requirements of the grading ordinance and the department's adopted policies and procedures, other applicable codes, the approved plans and specifications, or any permit conditions, or any grading operations that have otherwise become hazardous to property or the public, be immediately stopped. It is unlawful and a violation of the grading ordinance for any person to resume grading operations that were ordered to be stopped by the city engineer, unless the city engineer has first required and the permittee has agreed to any necessary corrective measures and the city engineer has authorized resumption of work in writing.

G. Other Responsibilities of Permittee. The permittee shall also be responsible for the following:

1. Protection of Utilities. The prevention of damage to any public utility facilities.

2. Protection of Adjacent Property. The prevention of damage to adjacent property. No person shall excavate on land close enough to a property line to endanger any adjacent public street, sidewalk, alley, other public or private property, or easement, without supporting and protecting the property from any damage that might result from grading operations.

3. Advance Notice. The permittee shall notify the city engineer at least twenty-four (24) hours before starting any work under an approved permit.

4. Erosion and Sediment Control. The permittee shall prevent discharge of sediment from the site in quantities greater than before the grading occurred, to any watercourse, drainage system, or adjacent property and to protect watercourses and adjacent properties from damage by erosion, flooding or deposition that may result from the permitted grading.

H. Transfer of Responsibility. If the field engineer, the geotechnical engineer, or the engineering geologist of record is changed after grading has commenced, the city engineer may stop the grading until the permittee has identified a replacement and the replacement has agreed in writing to assume responsibility for those parts of the grading project that are within the replacement's area of technical competence. It shall be the duty of the permittee to notify the city engineer in writing of such change prior to the recommencement of such grading.

(Ord. No. 2010-268, § 1, 1-27-2010)

A. Final Reports. Upon completion of rough grading and at the completion of finish grading work as determined by the city engineer, the city engineer may require the following plans and reports, supplements thereto, or other documentation deemed necessary by the city engineer, prepared by the appropriate professionals in the format required by the city engineer.

1. As-Built Grading Plan. A plan including original ground surface elevations, as-graded ground surface elevations, lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities.

2. Testing Records. A complete record of all field and laboratory tests, including the location and elevation of all field tests.

3. Professional Opinions. Professional opinions regarding slope stability, soil bearing capacity, and any other information pertinent to the adequacy of the site for its intended use.

4. Development Recommendations. Recommendations regarding foundation design, including soil bearing potential and building restrictions or setbacks from the top or toe of slopes.

5. Declarations About Completed Work. Declarations by the special inspectors, a civil engineer, geotechnical engineer, geologist, landscape architect, and other project consultants required by the city engineer in compliance with Section 15.10.080(B), that all work was done in substantial compliance with the recommendations contained in the soil or geology reports as approved, and in compliance with the approved plans and specifications.

B. Final Inspection. No permittee shall be deemed to have complied with the provisions of this chapter until a final inspection of the work has been completed and approved by the department. The permittee shall notify the city engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work, including the installation of all drainage facilities and their protective devices, and all erosion and sediment control measures, have been completed as provided by the approved plans and specifications, and all reports required as set forth in subsection (A) of this section have been submitted.

(Ord. No. 2010-268, § 1, 1-27-2010)

A. Purpose. The provisions of this section are intended to ensure compliance with the requirements of this grading ordinance and any conditions applied to any permit authorized by the grading ordinance, to promote the city's planning and engineering efforts and to protect the public health, safety and welfare.

B. Violations.

1. Any property which was graded in violation of this code, or in any way contrary to any conditions of approval, is declared to be unlawful and a public nuisance.

2. Any person, partnership, firm or corporation, whether as principal, agent, employee or otherwise, violating or failing to comply with any provision(s) of the grading ordinance or any condition imposed on any grading permit shall be subject to the sanctions that are set forth in Section 1.16.010 of this Code.

3. Any grading in violation of the grading ordinance or any condition placed on a grading permit shall be subject to the issuance of a stop work order. Any violation of a stop work order shall constitute a misdemeanor.

C. Remedies are Cumulative. All remedies contained in this section for the handling of violations or enforcement of the provisions of the grading ordinance shall be cumulative and not exclusive of any other applicable provisions of city, county or state law. Should a person be found guilty and convicted of a misdemeanor or infraction for the violation of any provision of the grading ordinance, the conviction shall not prevent the city from pursuing any other available remedy to correct the violation.

D. Inspection. Every applicant seeking a permit or any other action in compliance with the grading ordinance shall allow the city officials handling the application access to any premises or property which is the subject of the application. If the permit or other action in compliance with the grading ordinance is approved, the owner or applicant shall allow appropriate city officials access to the premises in order to determine continued compliance with the approved permit and/or any conditions of approval.

E. Legal Remedies. The city may choose to undertake any of the following legal actions to correct and/or abate nuisances or violations of the grading ordinance.

1. Civil Actions.

a. Injunction. At the request of the city engineer, the district attorney or city attorney may apply to the Superior Court for injunctive relief to terminate a violation of the grading ordinance.

b. Abatement. Where any person, firm or corporation fails to abate a violation and/or nuisance after being provided a notice thereof and the opportunity to correct or end the violation, the city engineer may request the city attorney or district attorney to apply to the Superior Court of Los Angeles County for an order authorizing the city to undertake actions necessary to abate the violation and requiring the violator to pay for the cost of the actions.

c. Nuisance Abatement. The city may, in its discretion, elect to exercise the administrative procedures in Chapter 8.20 of the Calabasas Municipal Code to cause the abatement of a public nuisance.

2. Civil Remedies and Penalties.

a. Civil Penalties. Any person who willfully violates the provisions of the grading ordinance or any permit issued in compliance with the grading ordinance shall be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000.00) for each day that the violation continues to exist.

b. Costs and Damages. Any person violating any provisions of the grading ordinance or permits issued in compliance with the grading ordinance shall be liable to the city for the costs incurred and the damages suffered by the city, its agents, and agencies as a direct result of the violations.

c. Procedure. In determining the amount of the civil penalty to impose, the court shall consider all relevant circumstances, including the extent of the harm caused by the conduct constituting a violation, the nature and persistence of the conduct, the length of time over which the conduct occurred, the assets, liabilities and net worth of the defendant, whether corporate or individual, and any corrective action taken by defendant.

3. Criminal Actions and Penalties. Persons who violate the grading ordinance are subject to the sanctions contained in Sections 1.16.010 and 1.16.020 of the Calabasas Municipal Code.

F. Prohibition on New Permits on Properties in Violation of Code. This section is intended to aid enforcement of the grading ordinance by preventing those who own or control a property in a condition, other than a legal nonconforming use, which violates the provisions of the grading ordinance from increasing the extent to which a property is out of compliance with the ordinance and to avoid confusion as to the relationship between legal and illegal improvements on the site and the facts surrounding each.

1. Prohibition Against Permit Issuance. No permit under this title may be issued for any property on which the city engineer finds a violation of the grading ordinance exists until such violation(s) is corrected to the satisfaction of the city engineer.

2. Exceptions. Notwithstanding the prohibition contained in subsection 1, of A, this section F, this section F shall not apply where the city engineer, in his or her sole discretion, finds that an emergency exists necessitating the issuance of a permit, or where the issuance of a permit is necessary to correct the existing code violation(s). In such case, a permit may issue but shall be conditioned on a requirement that the illegal condition be corrected in conjunction with the permitted development on the property.

3. Cost of Additional Services. If deemed necessary by the city engineer, additional sheriff, code enforcement, fire, and other city services shall be provided for inspection of construction of other services to confirm that existing violations of this code are properly abated in conjunction with development on the property permitted pursuant to subsection 2B of this section F. The cost of such additional services shall be paid in advance to the city by the applicant prior to the issuance of any permit in an amount reasonably estimated by the city engineer.

4. Additional Conditions. The city engineer may impose any conditions found necessary to protect the public health safety and welfare on a permit issued under subsection 2 of this section F.

5. Appeal Procedures. A decision of the city engineer to issue, conditionally issue, or deny a permit under this section shall be final unless appealed pursuant to chapter 17.74. Notwithstanding anything in that section to the contrary, the city council and/or planning commission may hear the appeal, or call for review of the matter pursuant to the procedures of 17.74. All provisions of that section shall be interpreted in a manner consistent with this intent.

G. Permit Revocation.

1. Public Hearing. The review authority that approved the permit or entitlement must hold a public hearing in order to revoke or modify any permit or entitlement granted in compliance with the provisions of the grading ordinance. Ten (10) days prior to the public hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the permit was granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the county of Los Angeles, and/or the project applicant.

2. Permit Revocation. A permit may be revoked or modified by the review authority if any one of the following findings can be made:

a. The project required a temporary use permit or conditional use permit and one or more of the required findings for in Section 17.62.030 (relating to temporary use permits) or 17.62.060 (for conditional use permits) can no longer be made;

b. That the permit was obtained by misrepresentation or fraud;

c. That the improvement authorized in compliance with the permit had ceased or was suspended for six or more months;

d. That one or more of the conditions of the permit have not been met;

e. That the improvement authorized in compliance with the permit is in violation of any statute, ordinance, law or regulation; or

f. That the grading would be in violation is in violation of any statute, ordinance, law, or regulation

g. That the improvement allowed by the permit is detrimental to the public health, safety or welfare or constitutes a nuisance.

H. Recovery of Costs. This section establishes procedures for the recovery of administrative costs, including staff time expended on the enforcement of the provisions of the grading ordinance in cases where no permit is required in order to correct a violation. The intent of this section is to recover city administrative costs reasonably related to enforcement.

1. Record of Costs. The department shall maintain records of all administrative costs, incurred by responsible city departments, associated with the processing of violations and enforcement of the grading ordinance, and shall recover the costs from the property owner in compliance with this section. Staff time shall be calculated at an hourly rate as established and revised from time to time by the council.

2. Notice. Upon investigation and a determination that a violation of any of the provisions of the grading ordinance is found to exist, the city engineer shall notify the record owner or any person having possession or control of the property by mail, of the existence of the violation, the department's intent to charge the property owner for all administrative costs associated with enforcement, and of the owner's right to a hearing on any objections they may have. The notice shall be in a form approved by the city attorney.

3. Summary of Costs and Notice. At the conclusion of the case, the city engineer shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the property by certified mail. The summary shall include a notice in a form approved by the city attorney, advising the responsible party of their right to request a hearing on the charges for city cost recovery within ten (10) days of the date of the notice, and that if no such request for hearing is filed, the responsible party will be liable for the charges. In the event that no request for hearing is timely filed or, after a hearing the city engineer affirms the validity of the costs, the property owner or person in control shall be liable to the city in the amount stated in the summary or any lesser amount as determined by the city engineer. These costs shall be recoverable in a civil action in the name of the city, in any court of competent jurisdiction within the city.

4. Request for Hearing on Costs. Any property owner, or other person having possession and control of the subject property, who receives a summary of costs shall have the right to a hearing before the city engineer on their objections to the proposed costs.

a. A request for hearing shall be filed with the department within ten (10) days of the service by mail of the department's summary of costs, on a form provided by the department.

b. Within thirty (30) days of the filing of the request, and on ten (10) days' written notice to the owner, the city engineer shall hold a hearing on the owner's objections, and determine their validity.

c. In determining the validity of the costs, the city engineer shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include, but are not limited to: whether the present owner created the violation; whether there is a present ability to correct the violation; whether the owner moved promptly to correct the violation; the degree of cooperation provided by the owner; and whether reasonable minds can differ as to whether a violation exists.

d. The city engineer's decision shall be appealable to the council.

H. Retroactive Permit Requirements. If any person grades any parcel or establishes a land use, or erects, constructs, alters, enlarges, moves or maintains any structure without first obtaining any permit required by the grading ordinance, that person shall be required to fully comply with applicable permit application processes and requirements of the grading ordinance including the payment of the additional permit processing fees established by the city fee resolution prior to the city's issuance of any permit for any building, structure or use on the site. At the discretion of the city engineer, the city shall not be obligated to process permits for work or improvements on the property until all documented code violations are first remedied.

(Ord. No. 2010-268, § 1, 1-27-2010)