Dublin Municipal Code Art. III Procedures

Applications for permits shall be filed with the Director of Public Works on forms furnished by his office. Each application shall include a plan checking fee and other fees as required, preliminary or final grading plans and a statement of the intended use of the site. The Director of Public Works may allow only one application and permit for grading work to be done on a site at one time. The Director of Public Works shall determine whether the application is complete in accordance with provisions of Article IV herein and may require additional information from the applicant before accepting the application as complete.

(Ord. 56-87 § 13)

Upon the filing of an application for a permit, the Director of Public Works may notify by mail the owners of property abutting the site, as shown on the latest equalized assessment roll, that an application for a grading permit has been submitted pursuant to this chapter, that they may comment at any stage of the procedure, and may file an appeal of a decision of the Director of Public Works to the City Council, pursuant to the provisions of Section 1.04.050.

(Ord. 56-87 § 74)

The California Environmental Quality Act (CEQA) may require the preparation of environmental documents concerning a proposed grading project. In such event, the city will be responsible agency or may function as the lead agency. The Director of Public Works will advise the applicant as to any additional information required with the permit application.

(Ord. 56-87 § 14)

The Director of Public Works may refer an application to other interested public agencies for their recommendations.

(Ord. 56-87 § 15)

A. No permit shall be granted until the Director of Public Works is satisfied that a proposed project conforms with the city general plan, any specific plans adopted thereto, and applicable city ordinances, including the zoning ordinance.

B. Where a proposed grading project requires the filing of a tentative map or the intended use requires approval of a discretionary zoning permit, no grading permit shall be granted prior to approval by the applicable planning authority.

C. The permit shall be limited to work shown on the grading plans approved by the Director of Public Works. In granting a permit, the Director of Public Works may impose any condition deemed necessary to protect the health, safety, and welfare of the public, to prevent the creation of a nuisance or hazard to public or private property, and to assure proper completion of the grading, including but not limited to:

1. Mitigation of adverse environmental impacts;

2. Improvement of any existing grading to comply with the standards of this chapter;

3. Requirements for fencing or other protection of grading which would otherwise be hazardous;

4. Requirements for dust, erosion, sediment, and noise control, hours of operation and season of work, weather conditions, sequence of work, access roads, and haul routes;

5. Requirements for safeguarding watercourses from excessive deposition of sediment or debris in quantities exceeding natural levels;

6. Assurance that the land area in which grading is proposed and for which habitable structures are proposed is not subject to hazards of land slippage or significant settlement or erosion and that the hazards of seismic activity or flooding can be eliminated or adequately reduced;

7. Assurance that no grading will obstruct, impede, or interfere with the existing flow of storm waters in such a manner as to cause flooding, divert stormwaters, and/or aggravate an existing condition.

(Ord. 56-87 § 16)

No permit shall relieve the permittee of responsibility for securing other permits or approvals required for work which is regulated by any other department or agency of the city, or other public agency, or for obtaining any easements or authorization for grading on property not owned by the permittee.

(Ord. 56-87 § 17)

Whenever the location of a property line, or easement or the title thereto is disputed during the application process or during a grading operation, a survey by a licensed land surveyor or civil engineer or resolution of title all at the expense of the applicant may be required by the Director of Public Works.

(Ord. 56-87 § 18)

A. The permittee shall perform and complete all the work required by the permit within time limits specified in the permit. If the work cannot be completed within the specified time, a request for an extension of time setting forth the reasons for the requested extension shall be presented in writing to the Director of Public Works no later than thirty (30) days prior to the expiration of the permit. The Director of Public Works may grant additional time for the work.

B. If all the permit work required is not completed within the time limit specified in subsection A of this section, no further grading shall be done without renewing the permit. A written request for renewal shall be submitted to the Director of Public Works who may require a new application and fees depending on the time between the expiration date and the renewal request, revisions in city regulations, or changed circumstances in the immediate area. Any revised plan shall be submitted to the Director of Public Works for review, and any costs related thereto shall be at the applicant’s expense.

(Ord. 56-87 § 19)

The issuance of a permit or approval of plans and specifications shall not be construed as an approval of any violation of the provisions of this chapter or of any other applicable laws, ordinances, rules, or regulations and shall not prevent the Director of Public Works from thereafter requiring the correction of errors in said plans and specifications or from preventing work being carried on thereunder in violation of this chapter, or any other applicable law, ordinance, rule, or regulation.

(Ord. 56-87 § 20)