Dana Point Municipal Code Art. 3 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 Director. Exceptions to this requirement are as follows or as otherwise determined by the Director:

(a) An excavation below finished grade for basements and footings of a building, mobile home, retaining wall, or other structure authorized by a valid building permit or construction permit. This shall not 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 Director, stability or flooding considerations warrant such inspection. Further, fill made with the excavated material is not exempt from a grading permit, unless otherwise waived by the Director.

(b) Cemetery graves.

(c) Refuse disposal sites controlled by other regulations.

(d) Earthwork construction regulated by the federal, state, county agencies, or City, or by any local agency as defined by 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) 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.

(g) An excavation which does not exceed 25 cubic yards on any one site and which is less than one foot in vertical depth.

(h) A fill less than one foot in depth placed on natural grade with a slope flatter than five horizontal to one vertical (5:1), which does not exceed 25 cubic yards on any one lot and does not obstruct a drainage course.

(i) A fill less than three feet in depth, not intended to support structures or mobile homes, which does not exceed 25 cubic yards on any one lot and does not obstruct a drainage course.

(Added by Ord. 98-03, 3/10/98; amended by Ord. 03-04, 2/12/03; Ord. 03-18, 12/10/03; Ord. 10-09, 10/25/10)

No person shall construct pavement surfacing in excess of 3,000 square feet, on natural or existing grade without a valid grading permit unless waived by the Director or a separate improvement plan for such paving is approved and signed by an authorized City official. Resurfacing or maintenance of paved surfaces shall be exempt from this requirement.

(Added by Ord. 98-03, 3/10/98; amended by Ord. 03-04, 2/12/03; Ord. 03-18, 12/10/03; Ord. 10-09, 10/25/10)

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 Director or performed as interim protection under emergency flood fighting conditions.

(Added by Ord. 98-03, 3/10/98; amended by Ord. 03-04, 2/12/03; Ord. 03-18, 12/10/03; Ord. 10-09, 10/25/10)

No person shall perform any construction for which a building permit is required, without a grading permit, unless waived by the Director. The following building categories shall be exempt from this requirement, provided that such construction does not alter an existing watercourse, channel or revetment: roofing, block walls, swimming pools, patio covers, driveways or on-site paving less than 3,000 square feet in area, patio enclosures less than 400 square feet in area, and building additions less than 400 square feet in area.

(Added by Ord. 98-03, 3/10/98; amended by Ord. 03-04, 2/12/03; Ord. 03-18, 12/10/03; Ord. 10-09, 10/25/10)

(a) The City requires a grading permit to stockpile soil on a lot or parcel. A site plan of the lot shall be submitted showing the area in which the stockpile is to be placed, the approximate amount of soil to be stockpiled, and the erosion control system to be used.

(b) The placement of the stockpile shall not adversely effect the safety, use, or stability of any structure, nor create a nuisance because of dust or erosion therefrom, nor block a public way or drainage course; nor shall such placement of stockpile material constitute a hazard to public welfare or endanger property. Stockpiling in a residential zone may be permitted under this Section for purposes of providing fill material to be used on-site only. Stockpiling in residential zones for purposes of selling of material shall be prohibited.

(c) The grading permit for stockpiling shall expire one year after issuance thereof. A new permit shall be required annually.

(Added by Ord. 98-03, 3/10/98; amended by Ord. 03-04, 2/12/03; Ord. 03-18, 12/10/03; Ord. 10-09, 10/25/10)

No person shall possess, store, sell, transport or use explosives and blasting agents to do any excavation without a permit from the Orange County Fire Department and authorization by the Director.

(Added by Ord. 98-03, 3/10/98; amended by Ord. 03-04, 2/12/03; Ord. 03-18, 12/10/03; Ord. 10-09, 10/25/10)

(a) Either a rough 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 Director. The rough 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 graded under a valid precise or rough grading permit upon completion and approval of rough grade inspection, as specified in Section 8.01.450(e), Site Inspection by the Director, of this Code. A Building Permit shall not be issued unless written certification that the rough grading has been completed in accordance with the City approved plans is received from an applicant's Engineer(s) of Record.

(c) Building permits shall not be issued for a site graded under a rough grading permit until a new precise grading permit has been issued, the provisions of Subsection (b) of this Section have been satisfied, or the precise grading permit has been deemed by the Director to be unnecessary.

(Added by Ord. 98-03, 3/10/98; amended by Ord. 03-04, 2/12/03; Ord. 03-18, 12/10/03; Ord. 10-09, 10/25/10)