Dublin Municipal Code Art. II General Requirements

Except for the specific exemptions listed hereinafter, no person shall do or permit to be done any grading on any site in the city without a valid permit obtained from the Director of Public Works.

(Ord. 56-87 § 3)

A. The following grading may be done without obtaining a permit:

1. Minor projects which have cuts or fills, each of which is less than five (5) feet in vertical depth at its deepest point measured from the existing ground surface, and which include all of the following:

a. The removal, plowing under, or burial of less than ten thousand (10,000) square feet of vegetation on slopes ten (10) percent or greater or any amount of vegetation on slopes less than ten (10) percent, and

b. Will not create unstable or erodible slopes;

2. Grading done by or under the supervision or construction control of a public agency that assumes full responsibility for the work;

3. Excavations in connection with a building, swimming pool, retaining wall, or other structure authorized by a valid building permit;

4. Grading necessary for agricultural operations unless such grading will create a cut or fill whose failure could endanger any structure intended for human or animal occupancy or any public road, or could obstruct any watercourse or drainage conduit;

5. Trenching and grading incidental to the construction or installation of approved underground pipe lines, septic tank disposal fields, conduits, electrical or communication facilities, and drilling or excavation for approved wells or post holes. Such work shall be backfilled and the surface restored to its original condition, including reseeding or otherwise restoring vegetation on all disturbed earth surfaces if slopes exceed two percent (2%), as soon as possible after such grading work is completed;

6. Excavations for soil or geological investigations by a geotechnical engineer or engineering geologist. Such work shall be backfilled and shaped to the original contour of the land under the direction of the geotechnical engineer or engineering geologist as soon as possible after the investigation;

7. Grading in accordance with plans incorporated in an approved surface mining permit, reclamation plan, or sanitary landfill;

8. Maintenance of existing firebreaks and roads to keep firebreak or road substantially in its original condition;

9. Routine cemetery excavations and fills;

10. Performance of emergency work necessary to protect life or property when an urgent necessity therefor arises. The person performing such emergency work shall notify the Director of Public Works promptly of the problem and work required and shall apply for a permit therefor within ten (10) calendar days after commencing such work;

11. Work done under a subdivision agreement, in which case, all of the provisions of this chapter shall apply except the requirement for a permit.

B. Exemption from the requirement of a permit shall not be deemed to be permission to violate any provision of this chapter.

(Ord. 56-87 § 4; Ord. 1-96 § 2)

No person shall do or permit to be done any grading in such a manner that quantities of dirt, soil, rock, debris, or other material substantially in excess of natural levels are washed, eroded, or otherwise moved from the site, except as specifically provided for by a permit.

(Ord. 56-87 § 5)

No person shall do or permit to be done any grading which may obstruct, impede or interfere with the natural flow of stormwaters, whether such waters are unconfined upon the surface of the land or confined within land depressions or natural drainage ways, unimproved channels or watercourses, or improved ditches, channels, or conduits, in such manner as to cause flooding where it would not otherwise occur, aggravate any existing flooding condition or cause accelerated erosion except where said grading is in accordance with all applicable laws, including but not limited to permit requirements.

(Ord. 56-87 § 6)

Any proposed grading work which could result in a connection or discharge into or modification of the flow of a watercourse may, at the discretion of the Director of Public Works require a separate permit under the provisions of the city watercourse protection ordinance or the Alameda County flood control and water conservation district permit ordinance.

(Ord. 56-87 § 7)

No person shall excavate or remove any material from or otherwise alter any levee required for river, creek, or local drainage control channel, without prior approval of the local governmental agency responsible for the maintenance of the levee.

(Ord. 56-87 § 8)

No person shall perform any grading work within the right of way of a public road or street, or within a public easement, without prior approval of the Director of Public Works.

(Ord. 56-87 § 9)

Whenever the Director of Public Works determines that any grading on private property constitutes a condition which is a hazard to public safety, endangers property, adversely affects the safety, use, or stability of adjacent property, or an overhead or underground utility, or a public way, watercourse, or drainage channel, or could adversely affect the water quality of any water bodies or watercourses, the owner of the property upon which the condition is located, or other person or agent in control of said property, upon receipt of notice in writing from the Director of Public Works shall, within the period specified therein, abate such condition and render the grading in conformance with the requirements of this chapter. The Director of Public Works may require the submission of plans or soil or geological reports, detailed construction recommendations, or other engineering data prior to and in connection with any corrective or proposed work or activity.

(Ord. 56-87 § 10)

This chapter shall be prospective in operation only. The provisions of this chapter shall not apply to existing construction for which all previously necessary permits were obtained. Said provisions shall also not apply to a project or development not yet constructed provided that a grading permit has been obtained and said permit bears a date prior to the effective date of the ordinance codified in this chapter.

(Ord. 56-87 § 11)