Chapter 15.16 — GRADING REGULATIONS - PERMITS

15.16.010 Required permit.

No person shall perform any grading work within the city without a valid grading permit issued in the manner hereinafter provided by this chapter, except that a grading permit shall not be required for the following;

A. Removal, without permanent disruption of the surface of the ground or creation of a change of grade, of accumulations of dead trees, leaves or similar dead vegetative material. However, a grading permit is required when such work is:

1. Done on property containing wetlands, or rare or endangered plants or animal species, or within a special flood hazard area as defined in the floodplain. regulations adopted in this title; or

2. May produce a leachate draining into any stream or watercourse or onto any property containing wetlands or rare or endangered plants or animal species.

B. Excavations below finished grade for basements, footings of a building, retaining walls or other structures authorized by a building permit issued pursuant to this code and which will have an unsupported height of less than five feet after the completion of such building, retaining wall or other structure;

• C. Excavations for cemetery graves;

• D. Excavations for a well or sewage disposal system authorized by a permit issued by the county health officer when acting as the city health officer;

E. Excavations and fills made on developed lots of one acre or less and zoned for single-family residential use, provided that no drainage courses or patterns are obstructed or altered in a manner which would affect adjoining properties, and no rare or endangered plants or animal species exist in or inhabit the area to be excavated or filled;

• F. Minor exploratory excavations made under the direction of a registered soils engineer or engineering geologist;

• G. Grading performed in connection with a city project that is or was subject to environmental review;

• H. Grading performed in a public right-of-way or public utility or public service easement in accordance with an encroachment permit issued pursuant to this code, provided that the right-of-way is not located within a special flood hazard area as defined in the floodplain regulations adopted in this title;

• I. Grading performed in compliance with subdivision improvement plans approved pursuant to this code; and

• J. Grading performed in the course of routine maintenance of existing public roads, parks, levees, or manmade flood control channels.

• (Ord. 758-2005 (part), 2005)

Applications for a grading permit required by this chapter shall be filed with and be in a form prescribed by the building official. Each application shall be signed by the person to whom the grading permit is to be issued or by the person's authorized agent and shall contain the following information:

A. The name, address and telephone number of the owner of the property on which the grading will occur and the name, address and telephone number of the applicant if other than the property owner.

B. The street address or other description of the site on which the grading work is to be performed;

• C. A general description of the grading work to be performed, including the source of all fill to be imported to the site and the disposition to be made of all earth material to be removed from the site;

• D. An estimate of the quantity of material to be graded, in cubic yards;

E. A certification that no fill known to be contaminated with a hazardous substance will be imported to or used on the premises; and

F. When required by the building official, a soils engineering report, engineering geology report, and similar data or information.

G. When the applicant is not the owner of the property, a statement signed by the owner authorizing the applicant to apply for the permit and to accept all conditions and mitigation measures applicable to the permit and the grading performed pursuant to the permit.

• (Ord. 758-2005 (part), 2005)

A. Grading Plans. Grading plans shall be submitted with each grading permit application, be drawn to scale, be of sufficient clarity to indicate the nature and extent of the grading work to be performed, and show in detail that such work will conform to the grading standards and any other applicable laws, regulations and conditions. Every grading plan shall include the following information:

1. General vicinity of the site of the proposed grading work;

2. Property limits, accurate contours of the existing ground, and details of terrain and area drainage;

3. The location of all buildings and structures on the property where the grading work is to be performed, and all buildings and structures on adjacent property that are within 15 feet of the location of the proposed grading work or that may be affected by the grading operations;

4. The height of all cuts, the depth of all fills, and a description and estimated volume, in cubic yards, of all on-site and imported fill materials;

5. Limited dimensions, elevations or finished contours to be achieved by the grading, and proposed drainage channels and related construction;

6. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, temporary erosion control measures, dams and other protective devices to be constructed with, or as part of the proposed grading work, together with a map showing the drainage area and the estimated runoff of the area served by any drains;

7. A plan for the disposal and deposition of any spoils and vegetative wastes that result from the grading work; and

8. All recommendations included in any required soils engineering report or engineering geology report.

• B. Grading Specifications. When required by the building official, grading specifications shall contain information covering construction and material requirements as well as any recommendations included in any required soils engineering report or engineering geology report.

C. Soils Engineering Report. When required by the building official, a soils engineering report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures, design criteria for corrective measures, including buttress fills when necessary, and opinions and recommendations covering adequacy of sites to be developed by the grading, including the stability of slopes.

D. Engineering Geology Report. When required by the building official, an engineering geology report shall include an adequate description of the geology of the site, the grading work to be performed, conclusions arid recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the grading.

(Ord. 758-2005 (part), 2005)

When required by the building official, grading plans and specifications, soils engineering reports, or engineering geology reports shall be prepared by a civil engineer or architect licensed by the State of California.

(Ord. 758-2005 (part), 2005)

Notwithstanding any provisions of this code to the contrary, every grading permit application shall be subject to environmental review under the California Environmental Quality Act (CEQA), Division 13 of the Public Resources Code (commencing with Section 21000) as a discretionary project, unless the proposed grading is included in an approved project subject to review under CEQA, and the application materials submitted pursuant to sections 15.16.030 and 15.16.040 are consistent with the project and all conditions and mitigation measures imposed on the project.

(Ord. 758-2005 (part), 2005)

The building official shall review each grading permit application and any grading plans and specifications, soils engineering report, engineering geology report or other data and information required to be submitted therewith and shall approve and issue a permit to the applicant authorizing the grading work described in the permit, upon determining that:

A. The application and any grading plans and specifications, soils engineering report, engineering geology report or other data and information required to be submitted therewith comply with this chapter and the grading standards adopted by Chapter 15.14;

B. Any required environmental review is complete and any mitigation measures resulting from it are included in the permit;

C. All required permit and grading plan check fees have been paid; and ID, All other requirements of this code and other applicable laws or regulations have been met.

(Ord. 758-2005 (part), 2005)

A grading permit issued pursuant to the provisions of this chapter shall be in a form prescribed by the building official and shall include the following:

A. A general description of the grading work authorized by the permit;

B. A description of the property on which such grading work will be performed;

C. The expiration date of the permit;

D. Any conditions on the grading work that are prescribed by the building official to ensure that such work does not constitute a danger to life, property, or the environment;

E. All plans and specifications approved for the grading pursuant to section 15.16.030;

F. All conditions and mitigation measures applicable to grading and imposed on the project, if any, for which the work will be done; and

G. An acknowledgment, signed by the permittee or the permittee's authorized agent, that the issuance of the permit is conditioned upon compliance with all applicable grading regulations and grading standards, all approved plans and specifications for the work, and all conditions, mitigation measures and monitoring requirements applicable to the project, if any, for which the grading will be done.

(Ord. 758-2005 (part), 2005)

When the building official approves and issues a grading permit for which grading plans and specifications have been required, the building official shall endorse in writing or stamp the plans and specifications "approved." Thereafter, such approved plans and specifications shall not be changed, modified, or altered without authorization from the building official, and all grading work shall be done in accordance with the approved plans and specifications.

(Ord. 758-2005 (part), 2005)

A. A grading permit shall authorize only that grading work described in the permit.

B. A grading permit, and any grading plans and specifications approved incident to the issuance of such permit, shall not be construed to be a permit for or approval of any violation of the grading regulations, the grading standards or other provisions of this code, and no permit presuming to give such authority shall be valid.

C. A grading permit issued based on grading plans and specifications or other data and information that contain errors may be modified by the building official to correct or compensate for those errors. Such a permit shall not be deemed to authorize grading that, based on any such error, violates the grading regulations, the grading standards, or other provisions of this code.

D. The building official may require grading operations and project designs included in a grading permit to be modified when required by weathergenerated conditions not considered when the permit was issued or by conditions on the project site that did not exist or were not known to exist when the permit was issued.

(Ord. 758-2005 (part), 2005)

A grading permit is not transferable by the permittee to another person by any means or for any purpose. When a permittee no longer has a vested interest in the property for which the grading permit was issued or is no longer responsible. for the grading authorized by the permit, the permit shall automatically become null and void, and no grading shall be done or caused or allowed to be done by any person in reliance on the permit.

(Ord. 758-2005 (part), 2005)

A. A grading permit issued pursuant to this chapter shall expire and become null and void if the grading work authorized by such permit is not commenced within 90 days of the date such permit is issued, or if, following the commencement of that work, the work is suspended or abandoned for a period of 90 consecutive days. However, the time within which grading is to be commenced or resumed under an expired permit may be extended once by the building official, for a period not exceeding 180 days, when the permittee provides a written request stating the reasons for such extension and demonstrates that circumstances beyond the permittee's control have prevented such work from being commenced or resumed under the permit.

B. If a grading permit expires after commencement of the grading authorized by such permit, the permittee may renew the permit by paying a permit renewal fee equal to 50% of the fee for a new grading permit, provided no changes have been or will be made in the original plans and specifications for such work and the work has not been suspended for more than one year.

C. No grading shall be done or caused or allowed to be done by any person in reliance on an expired grading permit.

• (Ord. 758-2005 (part), 2005)

A grading permit fee shall be assessed and levied by the building official upon each applicant for a grading permit required by this chapter. The fee shall be due and payable on or before the issuance of such permit. When grading plans and specifications have been required by the building official, a grading plan check fee shall also be assessed and levied by the building official and shall be due and payable at the time of filing of the permit application. Grading permit and grading plan check fees shall be established in the fee schedule established by resolution of the city council.

(Ord. 758-2005 (part), 2005)

• A. Subject to subsection B, below, the building official may authorize the refund of:

1. All or any part of a grading permit fee or grading plan check fee erroneously collected or paid;

2. Not more than 80% of a grading plan check fee when an application for a grading permit is withdrawn or canceled before the review of any grading plans and specifications, soils engineering report, engineering geology report, or other data and information submitted with the application has been completed;

3. Not more than 80% of a grading permit fee when no work has been done under the grading permit for which the fee was paid.

B. No refund of any grading permit fee or grading plan check fee shall be made unless written application for the refund is filed by the applicant or permittee with the building official not later than 180 days after the date the fee was collected or paid.

• (Ord. 758-2005 (part), 2005)