Dana Point Municipal Code Art. 5 Grading Permit Requirements

Except as exempted in Section 8.01.060, Grading Permits Required, of this Code, 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 Director. A separate permit shall be required for each site and may cover both excavations and fills.

When such operations involve the extraction or relocation of more than 5,000 cubic yards, such operations are also subject to the approval of a site development permit application. The total number of cubic yards shall be the larger of cut, including any export, or fill, including any import.

A site development permit is not required under the following conditions:

(a) Grading and excavation conducted in compliance with approved sand and gravel extraction operations, an approved tentative map or use permit;

(b) Grading and excavation conducted in compliance with a building permit when limited to the area within the perimeter (footprint) of the structure, e.g., basement/foundation;

(c) Grading and excavation conducted in compliance with an approved area plan;

(d) Emergency grading to correct recent acts of nature;

(e) Other exceptions as defined in Section 8.01.060.

(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) To obtain a grading permit, the applicant must first file an application in writing on a form furnished by the Director. The grading permit application shall be accompanied by information required by the Director and as specified in the Grading Manual. Each person applying to the City for a grading or building permit for projects for which compliance with a State General Permit for Discharges of Storm Water Associated with Construction Activity (General Construction Permit) is required must submit satisfactory proof to City that coverage under the General Construction Permit has been obtained, before the City shall issue any grading or building permit on the construction project. Documents required under the General Construction Permit shall be maintained on-site during grading and construction and shall be made available upon the request of any City inspector. The project must also comply with all activities required by the City's Storm Water/Surface Runoff Water Quality Ordinance and Local Implementation Plan (LIP). Each person applying to the City for a grading or building permit for projects for which compliance with the General Construction Permit is not required must submit evidence that the grading project will be in compliance with the provisions of all applicable storm water permits, including, but not limited to, the implementation of all applicable best management practices (BMPs), and in compliance with all activities required by the City's Storm Water/Surface Runoff Water Quality Ordinance and LIP.

(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 Director. The Director may extend the time for action by the applicant up to three additional 180 day periods upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. Extensions shall only be issued in 180 day increments, and shall be approved by the Director. In order to renew action for an application after expiration, the applicant may be requested to resubmit plans and pay new plan check fees, unless otherwise waived by the Director.

(c) The Director shall approve the grading permit application once all City requirements have been satisfied.

(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) Each application for a grading permit shall be accompanied by plans and specifications, and supporting data consisting of soil engineering and engineering geology reports, as specified in Section 8.01.220, Soil Engineering and Engineering Geology Reports, of this Code.

(b) Grading plans and specifications shall be prepared and signed by a civil engineer or authorized professional, unless otherwise approved by the Director. This requirement may be extended to any project when, in the opinion of the Director, critical drainage or geologic factors may be involved and there is need for civil engineering design and control.

(c) Plans and reports as specified by the Storm Water/Surface Runoff Water Quality Control Ordinance, the City's LIP and any of its referenced documents.

(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)

Grading plans and specifications shall be prepared in accordance with the grading requirements of Section 8.01.420, Grading Requirements, of this Code and Subarticle 5 of the Grading Manual.

(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 soil engineering and engineering geology report shall be required for grading projects, unless otherwise waived by the Director. The reports shall conform to the guidelines presented in the Grading Manual and shall include information appropriate for the site including any information required by the Director. Recommendations included in the reports and approved by the Director shall be incorporated in the grading plans or specifications. The soil engineer and engineering geologist shall review and sign the grading plans to assure inclusion of their recommendations. The Director may require that the soil engineering report be reviewed by a third party registered civil engineer and that the engineering geology report be reviewed by a third party certified engineering geologist. The cost of the review shall be paid by the grading permit applicant.

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

(b) Every grading permit issued shall expire by limitation and become null and void if the work authorized by such grading permit is not commenced within two years from the date of such grading permit or if the work authorized by such grading 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 California Building Code as amended are applicable to grading permits, except as stated in Subsections (c)(1) and (2) below:

(1) A grading permit issued hereunder shall expire upon a change of ownership if the grading work thereon, for which said grading permit was issued, has not been completed, and a new grading 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 Director, no charge shall be made for the issuance of the new grading permit under such circumstances. If, however, changes have been made to the plans and specifications last submitted to the Director, 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 grading permit applicant, unless otherwise waived by the Director.

(2) The Director may extend the two year expiration time limit on grading permits not to exceed four 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. If additional time to complete the work is needed beyond the allowable extensions noted herein, and the applicant has produced good justification for not completing the work, the Director may extend the grading permit beyond the indicated extensions.

(d) The Director may require that grading operations and project designs be modified if delays occur which incur weather-related problems not considered at the time the grading permit was issued, and further subject to the provisions of Section 8.01.240, Denial of Permit, of this Code.

(e) If the permittee presents satisfactory reasons for failure to continue or begin the work within the period specified in Subsection (b) of this Section, the Director, 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 two years.

(3) A re-endorsement of the compliance of the plans with the applicable regulations by the Public Works Department, shall be obtained, if deemed necessary.

(f) If the permittee is unable to complete the work by the end of a two year period, the Director 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 unless otherwise approved by the Director, provided no changes have been made in the original plans and specifications for such work.

(g) A new grading permit shall be required for restoration of a site to a "natural state" as defined in Section 8.01.050. The issuance fee for this restoration permit shall be two times the permit fee normally required for a grading permit.

(h) Any person who commences grading operations and fails to obtain a grading permit required by this Code shall be required to return the property to a "natural state" and shall procure a permit to do so and pay all fees required.

(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 Director shall not issue a grading permit in any case where the Director 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 Director that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, drainage devices or by other mitigation measures or means, the Director may issue the grading permit with the condition that such work be performed.

(b) If, in the opinion of the Director, 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 Director may require plans and specifications to be modified in order to mitigate anticipated adverse environmental effects of proposed grading projects. The Director 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 Director may require plans and specifications to be modified in order to make them consistent with the City of Dana Point General Plan, Specific Plans, Zoning Code, water quality requirements, or other rules, regulations, or conditions applicable to the project, the Director may deny the grading permit if the proposed project cannot be designed in accordance with these rules, regulations or 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)

Grading and equipment operations within one-half mile of a structure for human occupancy shall not be conducted between the hours of 5:00 p.m. and 7:00 a.m. nor on Saturdays, Sundays and City of Dana Point recognized holidays. The Director, however, may permit grading or equipment operations during specific hours after 5:00 p.m. or before 7:00 a.m. or on Saturdays, Sundays and City of Dana Point recognized holidays if the Director 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 Director's finding of a previously unforeseen effect on the health, safety, or welfare of the surrounding community. However, no grading 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 Article 1, Division 6, Title 4 of the Codified Ordinances of the County of Orange relating to noise control.

(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)

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 Code, 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 and any applicable storm water pollution control documents bearing the signature of approval by the Director.

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 County directive, and in compliance with all requirements of the permit and this Article. 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 Article shall be a violation of this Article.

(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)

Each adjacent owner is entitled to the lateral and subjacent support which his or her 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. Section 832 of the California Civil Code is contained in Appendix G of the Grading Manual.

(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)

Where earth materials are moved on public roadways from or to the site of an earth grading operation, all 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 between the hours of 9:00 a.m. and 3:00 p.m. unless prior approval is given by the Director. The proposed haul route must be submitted to the Director for review and approval.

(c) Access roads to the premises shall be only at points designated on the approved grading plan.

(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 3%. There must be 300 feet clear, unobstructed sight distance to the intersection from both the public roadway and the access road. If the 300 feet sight distance cannot be obtained, flagmen shall be posted. The last 50 feet of the access road must be constructed of gravel or equivalent material.

(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, if deemed necessary by the Director.

(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," if deemed necessary by the Director. 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.

(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)