Colfax Municipal Code Art. IV Permit Application Procedures

Applications for permits shall be filed with the city engineer on forms furnished by his office. Each application shall include a plan checking fee and other fees as required, preliminary or final grading plans as required herein, 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. The city engineer shall determine whether the application is complete in accordance with provisions of Article 4 herein and may require additional information from the applicant before accepting the application as complete. The applicant shall be notified within seven to twelve (12) working days if the application is deemed incomplete, and the requirements for completing the application.

(Ord. 483 (Exh. A) (part), 2005)

(a) Before a permit is issued, the applicant shall deposit with the city engineer cash or check, in a sufficient sum to cover the fee for issuance of the permit, charges for the review of plans, specifications and reports, other engineering services, field investigations, necessary inspection or other work and routine laboratory tests of materials and compaction.

(b) The schedule of fees and costs shall be those established and adopted by the city council from time to time by resolution or ordinance. The fee may be in the form of a deposit to cost. In such case, the city may require that the deposit be replenished if exhausted prior to finaling the permit.

(c) Public utilities may, at the option of the city engineer, make payment for the above charges as billed by the city engineer instead of by advance deposit as required above.

(d) If, upon completion of any work under a permit there remains any excess of deposit, the city shall refund the balance to the permittee.

(e) If, upon completion of any work under a permit there is not a sufficient deposit to cover the cost of the work, the city engineer shall notify the permittee to reimburse the amount equal to the cost deficit.

(f) If grading work is done in violation of this chapter or such work is not done in accordance with an approved permit, a fee, not less than twice the normal fee, covering investigation of any violation and inspection and plan checking of work required to correct such violation shall be charged to the violator to cover all actual costs plus administrative overhead costs.

(Ord. 483 (Exh. A) (part), 2005)

No application for a permit will be accepted without the written authorization of the land owner corroborated by appropriate proof of ownership.

(Ord. 483 (Exh. A) (part), 2005)

The city engineer and/or city planner shall review the proposed grading application and determine whether (1) the proposed grading activity is related to further development of the property and further permits from the city are required for that development, (2) the proposed grading is subject to environmental review under the California Environmental Quality Act (CEQA), and (3) there is a possibility that additional permits from other agencies are required in connection with the activity such as a Streambed Alteration Permit from the Department of Fish and Game or a 404 Permit from the Army Corps of Engineers. If the city determines that the grading or any related further development is subject to CEQA or that other agency permits may be required, they may require additional information. No grading permit will be issued and no grading may commence until the city has completed its environmental review process and all other needed permits have been obtained.

(Ord. 483 (Exh. A) (part), 2005)

Upon the filing of an application of permit, the city engineer shall notify by mail the owners of utilities on or abutting the site, that an application for a grading permit has been submitted pursuant to this chapter and that they may comment at any stage of the proceeding, and may lodge an appeal pursuant to the provisions of this chapter. The city engineer may also refer an application to other interested public agencies for their recommendations and shall refer it to other agencies if required by law. In such case, the granting of the permit shall not occur until a reasonable time has been given to the other agencies to respond.

(Ord. 483 (Exh. A) (part), 2005)

As a condition of issuance of any grading permit, the owner of the property subject to the permit shall grant the city the right of unrestricted access during business hours to inspect the progress of the work.

(Ord. 483 (Exh. A) (part), 2005)

A soil or geologic investigation report shall accompany the application in any of the following circumstances:

(a) When the proposed grading includes a cut or fill exceeding ten feet in depth at any point; however, for vehicular ways, a soil investigation shall not be required unless the grading includes a proposed cut or fill that exceeds ten feet in depth and the slope of the natural ground exceeds thirty (30) percent.

(b) When highly expansive soils are present.

(c) In areas of known or suspected geological hazards, including landslide hazards and hazards of ground failure stemming from seismically induced ground shaking.

(d) When the proposed grading involves retaining walls exceeding four feet in height which support a slope in excess of thirty (30) percent.

(e) Such other circumstances as the city engineer determines may require a geotechnical report.

(Ord. 483 (Exh. A) (part), 2005)

Those portions of the soil or geologic investigation that constitutes "civil engineering" as defined by Section 6734 of the Business and Professions Code of the State of California shall be conducted by a geotechnical engineer or civil engineer competent to do so. Those portions of the investigation that involve the practice of "geology" as defined by Section 7802 of the Business and Professions Code of the State of California shall be conducted by an engineering geologist.

(Ord. 483 (Exh. A) (part), 2005)

The soil or geologic investigations shall be based on observations and tests of the material exposed by exploratory borings or excavations and inspections made at appropriate locations. Additional studies may be necessary to evaluate soil and rock strength, the effect of moisture variation on soil, bearing capacity, compressibility, expansiveness, stability and other factors. The soil or geologic investigation report shall contain all of the following, as they may be applicable to the subject site:

(a) An index map showing the regional setting of the site;

(b) A site map showing the topographic features of the site and locations of all soil borings and test excavations;

(c) A classification of the soil types (Unified Soil Classification); pertinent laboratory test date; and consequent evaluation regarding the nature, distribution and strength of existing soil;

(d) A description of the geology of the site and geology of the adjacent areas when pertinent to the site;

(e) A suitably scaled map and cross sections showing all identified areas of land slippage;

(f) A description of any encountered groundwater or excessive moisture conditions;

(g) A description of soil and geological investigative techniques employed;

(h) A log for each soil boring and test excavations showing elevation at ground level and the depth of each soil or rock strata;

(i) An evaluation of the stability of pertinent natural slopes and any proposed cut and fill slopes;

(j) An evaluation of settlement associated with the placement of any fill;

(k) Recommendations for grading procedures and specifications, including methods for excavation and subsequent placement of fill;

(l) Recommendations regarding drainage and erosion control including BMP's and a SWPPP;

(m) Recommendations for mitigation of geologic hazards.

(Ord. 483 (Exh. A) (part), 2005)

Any soil or geologic investigation report shall be subject to the approval of, and supplemental reports and data may be required by, the city engineer. Recommendations included in the reports and approved by the city engineer shall be incorporated in the final plans and specifications.

(Ord. 483 (Exh. A) (part), 2005)

The issuance of a permit or approval of plans and specifications shall not be construed as a consent to any violation of the provisions of this chapter or of any other applicable laws, ordinances, rules or regulations. Upon discovery that a permit has been issued in error, the city may stop the work and require appropriate corrective action.

(Ord. 483 (Exh. A) (part), 2005)

Appeals on decisions pursuant to this chapter shall be made to the city council in writing, setting forth the specific grounds thereto within ten (10) calendar days from the date of such decision.

(Ord. 483 (Exh. A) (part), 2005)