Dublin Municipal Code Art. V Permit Requirements

The Director of Public Works may deny the issuance of a grading permit if final grading plans fail to satisfy the provisions of this chapter or any of the conditions imposed. The Director of Public Works shall identify the provision, requirement or condition which has not been met or performed by the applicant.

(Ord. 56-87 § 28)

A. The schedule of fees and costs shall be those established and adopted by the City Council from time to time by resolution. Before a permit is issued, the applicant shall deposit with the Director of Public Works cash or a certified or cashier’s check, in a sufficient sum to cover the fee for issuance of the permit, charges for review of plans, specifications and reports, other engineering services, field investigations, necessary inspection or other work and routine laboratory tests of materials and compaction, all in accordance with schedules established and adopted by the City Council.

B. No permit fee shall be required of public agencies, however, a fee for planchecking and inspection may be required at the discretion of the Director of Public Works.

C. Public utilities may, at the option of the Director of Public Works, make payment for the above charges as billed by the Director of Public Works instead of by advance deposit as required above.

D. If, upon completion of any work under a permit there remains any excess of deposit or of fees or charges, the Director of Public Works shall certify the same to the Finance Director for refund to the permittee or refund the same from any trust fund established under his jurisdiction for such purposes.

E. If, upon completion of any work under a permit there is an insufficient deposit to cover the cost of the work, the permittee shall 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 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.

(Ord. 56-87 § 29)

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 five feet in depth at any point and the slope of the natural ground within thirty (30) feet of the cut or fill exceeds ten (10) 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 Director of Public Works deems that a soil or geotechnical investigation is necessary to insure that the work will not constitute a condition which is or would be a hazard to public safety, endangers property, or adversely affects the safety, use or stability of adjacent property.

(Ord. 56-87 § 30)

A. Those portions of the soil or geologic investigation that constitute “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 a registered civil engineer proficient in geotechnical engineering. 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.

B. The investigations shall be based on observation 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.

(Ord. 56-87 § 31)

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

(Ord. 56-87 § 32)

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 investigations;

C. A classification of the soil types (unified soil classification); pertinent laboratory test data and consequent evaluation regarding the nature, distribution and strength of existing soils;

D. A description of the geology of the site and the 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 the groundwater conditions if they exist, and an evaluation with recommendations if mitigation of groundwater conditions is needed;

G. A description of the soil and geological investigative techniques employed;

H. A log for each soil boring and test excavation 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;

M. Recommendations for mitigation of geologic hazards;

N. An evaluation of the geologic suitability of any location of a proposed septic disposal field;

O. A recommendation as to the allowable soil pressure to be used in design of any proposed building or structure;

P. A recommendation as to the lateral soil pressure to be used in the design of retaining or basement walls if any such walls are proposed;

Q. A recommendation as to the design of foundations if such foundations are proposed to be located partly on natural soil and partly on fill soil;

R. A professional engineering and geologic opinion as to the safety of the site from the hazards of land slippage, erosion, settlement or seismic activity.

(Ord. 56-87 § 33)

Upon completion of rough grading work, a final geotechnical report shall be prepared that includes, but is not necessarily limited to the following:

A. A complete record of all field and laboratory tests including location and elevation of all field tests;

B. A professional opinion regarding slope stability, soil bearing capacity, and any other pertinent information;

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

D. A declaration by the geotechnical engineer or engineering geologist in the format required by the Director of Public Works that all work was done in substantial accordance with the recommendations contained in the soil or geologic investigation reports as approved and in accordance with the approved plans and specifications.

(Ord. 56-87 § 34)

Where soil or geologic conditions encountered in the grading operation deviate from that anticipated in the soil and geologic investigation reports or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for the approval of the Director of Public Works.

(Ord. 56-87 § 35)

A. The permittee shall provide a private geotechnical engineer to perform continuous inspection work for all grading, subdrains and trench backfill, and upon completion of the work, provide a written statement acknowledging that he has inspected the work and that in his professional judgment the work was performed in accordance with his recommendations and the approved plans and specifications. The permittee shall make his own contractual arrangements for such services and be responsible for payment of all costs. For small grading projects, the permittee may request in writing a waiver from continuous inspection where sufficient soil compaction tests can be and are made to insure compliance to the geotechnical engineer’s recommendation and the plans and specifications. The Director of Public Works may, at his discretion, grant this waiver, which waiver shall be made in writing.

B. Reports filed by the private geotechnical engineer regarding special inspection shall state in writing that from his personal knowledge the work performed during the period covered by the report has been performed in substantial accordance with his recommendations and the approved plans and specifications.

C. The use of a private geotechnical engineer for inspections shall not preclude the Director of Public Works from conducting inspections using his or other authorized inspectors as may be necessary.

(Ord. 56-87 § 36)

The permittee shall cause the work to be done in accordance with the approved plans. If, during the course of construction, the private geotechnical engineer finds that the work is not being done substantially in accordance with the approved plans and specifications, he shall immediately notify the person in charge of the work and the Director of Public Works of the nonconformity and the corrective measures to be taken. When changes in the plans are required, he shall prepare such proposed changes and submit them to the Director of Public Works for approval.

(Ord. 56-87 § 37)

Periodic progress reports shall be rendered by the private Geotechnical Engineer as required by the Director of Public Works including, but not limited to, laboratory tests, slope stability, placement of materials, retaining walls, drainage, utilities, and any special permit or plan requirements.

(Ord. 56-87 § 38)

Periodic progress reports shall be rendered by permittee on specified calendar dates and at commencement and completion of major key grading and erosion and sediment control operations. The dates of operations upon which such reports are required and their content shall be as required by the Director of Public Works in the permit.

(Ord. 56-87 § 39)

Permittee shall submit to the Director of Public Works an as-built grading plan following completion of grading operations.

(Ord. 56-87 § 40)

The Director of Public Works may inspect any work done pursuant to a permit under this chapter. No permittee shall be deemed to have complied with this chapter until a final inspection of the work has been made by the Director of Public Works and he has acknowledged in writing that the work has been completed in accordance with all requirements and conditions of the permit. The permittee shall provide adequate access to the site for inspection by the Director of Public Works during the performance of all work and for a minimum period of one year after acceptance by the Director of Public Works of all improvements pursuant to Sections 7.16.630 and 7.16.640 of this chapter.

(Ord. 56-87 § 41)

The permittee shall also be responsible for the following:

A. Protection of Utilities. The permittee shall be responsible for the prevention of damage to any public utilities or services.

B. Protection of Adjacent Property. The person doing or causing the grading is responsible for the prevention of damage to adjacent property. No person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property, without supporting and protecting such property from damage which might result.

C. Advance Notice. The permittee shall notify the Director of Public Works at least forty-eight (48) hours prior to the start of work.

D. Erosion and Sediment Control. It shall be the responsibility of the permittee to prevent discharge of sediment from the site in quantities greater than before grading occurred, to any watercourse, drainage system, or adjacent property and to protect watercourses and adjacent properties from damage by erosion, flooding, or deposition which may result from the permitted grading. Permittee shall implement all measures necessary to discharge this responsibility even if such measures exceed the requirements of an approved erosion and sediment control plan prepared pursuant to this chapter.

(Ord. 56-87 § 42)

No permit issued under this chapter may be transferred or assigned in any manner whatsoever, voluntarily or by operation of law, without the express consent of the Director of Public Works.

(Ord. 56-87 § 43)

Neither issuance of a permit under the provisions of this chapter nor compliance with the provisions hereof or with any conditions imposed in a permit issued hereunder shall relieve any person from responsibility for damage to any person or property or impose any liability upon the city for damage to any person or property.

(Ord. 56-87 § 72)